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HomeMy WebLinkAbout1005 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOAI~D OF A/~PEALS Appeal NO. 1005 Dated December 9, 1966 ~C~FION OF TPIE ZON/N~ BOAteD OF APPF~aJ~S OF ~ ~ OF ~O~ William Clarke, Esq. a/c Robinson J. Goodale T0 Mattituck, New Y~k Peconic Bay Blvd. J~es port, New York DATE.~y..5, 1967 Appellant at a meeting of the Zoulng Board of Apgeals onThursday, Jan~ry 5, was considered and the action indicated ~elow was .taken on your ( ) l%equest for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ~5[) Request for a variance to the Zoding Ordinar~ce ( ) 1967 ) the al)peal 1. SPECIAL EXCEPTION. By resolution of the Board it w~.~ determined that a?geclal_except!on ( ) be granted ( ) be 6enied pursuant to Article ............... Section ................ Subsection ................ paragraph .............. of the Zoning Ordinance, and the decision of the ~uilding In~pecter ( ) be reversed ( ) be confirmed because 7:30 P.M.(E.S.T.), Upon application of Wil!~iam Clarke, Esq., Mattituck, New York, a/c Rboinson J. Good~a!e Peconic Bay Blvd., Jamesport, New York, for a variance in accordanc~ with th,e, Zoni~n~ .Ordinance, Article III, Section 30,~, Article X, Sectio~n 1000A, four. pe?missioD~ to div,ide prope.rty with insufficient frontage and area. Location of property: west side Mar~le~ne Lane, Mattituck, New York, bounded north by R.J. Goodale, east by Marlene Lane, sp~th by J. Clarke, west by Mattituck~ Park Sub. 2. VAI~IA/~CE. By resolution of the Board it was determined that (a) Strict ap~plication of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared ~y all properties alike in the immediate v~cinity of this property and in the same use district because SEE REVERSE (c) The variance (do~s) (does not) observe the spirit of the Ordinanseand (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building I~pector ( ) be confi~ned ( ) be reversed. ~Q,)eg[s ZONING BOA~I) OP APPEALS~ Barbara C. Dittmann, Secretary After investigation and inspection the Board finds that the appellant requests permission to divide property with insufficient frontage and area. The parcel of property to be conveyed is approximately fifty feet by one hundred forty five feet. The Board is in agreement with the reasoning of the appellant as shown on the application to the Board c~Appeals. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be s~ed by all properties alike in the immediate vicinity of this property and in the same use district; and the variance does observe the spirit of the Ordinance and~il.1 ~ot~oh~nge the character of the district. Therefore, it was RESOLVED that William Clarke, Esq., a/c Robinson J. Goodale, Peconic Bay Blvd., Jamesport, New York, be granted permission to divide property with insufficient frontage and area ~ applied for on the applicatio to the Board of Appeals, application dated December'9, 1966. Location of property: west side Marlene Lane, Mattituck, New York. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ROTiCE OF DISAPPROVAL File No .................................................................. Date .................... · ....... D"e"c"e'"~"~"'e"r" ..... 9 .... 19~.~.... ~. ~ k Attorney A/C Robinson J- Goodale ,~m J,Clar ~ ..~ ............................. ~ar~ ~ ~e...Lane ...................................... .............. Mat t i.tuck.~ .... ~[.o-Y., .......................... PLEASE TAKE NOTICE that your .application dated .................. D.e.c.. ...... .9 ............... 19.66... d~vide lot . . at the pr~m~,ses located at W/.S of ...... ~or permit to c~~ ...r. .............. ....... Fiar. lime..,Lane ..................................... Street Laurel~ N,Y. (Mattituck Post Office) ....... Block ......................................... Lot ................................................ is Map ................................... ~e~f~~_i~Ld[ disapproved on the followinff grom).d'-: ....... i.r~s. ~.$..f.,i.c.~-e.~-'t",'~r'ozn~;a ge ....... Am~...ar. ea ..... A~.t.. 2t.i..,.s.~s...~O..~...&..Ar:t...~..ae.c...1-GOOA .................................................. Building Inspector TOWN OF $OUTHOLD/ NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. / (]~) C .-% DATE .....~...o..e...~.. ~..9..~.. !966 TO THE ZONING BOARD OF APPEALS, TOWN OF $OUTHOLD, N. Y. 1 (~,,.:, ~OB;r.~.ON...4.....~QQDA~E .................... of. ...... ~=.~, ~e~a ................ : .......... .' , N~me of Appel ia,nt Street and Number ,- J~e~o~¢ ................................................ ~¢~"~¢~ ......... HEREBY APPEAL TO .......................................... State .... Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO %¢,m ,. ..... .......... Nome of Applicant for permit ........................................................... '~;2iciP~lity State Street ~nd Number ( ) ( ) PERMIT TO USE PERMIT FOR OCCUPANCY LOCATION OF THE PROPERTY .~/s..Na~.ler~e..La~a,,.a!~Pr'ox, - '-' Street Use District on Zoning Map ..~.p. rox. 5.0 x .i..4.~. feet adjo.i..n..'..m~g, p. areel on S/s of Main Road. lv~ap No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE AP:PEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi,n.ance.) Article ~t~ See'r.:i n,~ 3n3 _~rt _~_~+_-io!e X Section !000A~ 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordin.ance or Zoning Map (.). A VARIANCE.-' due-to lack.of access (State of .New York Town Law Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. "'PREViouS 'APPEAL",& previous appef2i ~)(he's not) been mede with respect, to this dec,sion of the Building Inspector or with respect to this property. Such ~ppeel was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance is renues~e~ for the reS;on that Petdtio.ne, desires, to s~. ,bdivid?, ~rSonP~PoenrtYM~enCeOn~ea o~l appro~tely 50 feet by !~5 feet. T~e ~a, '~d was ~.ot orig~l~ a p~t of the preper%y zron~g on %ne ~ m~. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would Produce practical difficulties or unneces- sary~HARDSHIP becaus'e the property fronting on the M~ Road is business prop®try and is being used as business property. It was conveyed to Petitioner on October 22~ 1962 as a s~parate parcel. Petitioner acquired title to the' 50 foot lot fronting on ~rlene~.Lane on January 22, 1963. This Pa"eel is residential property and while it adjoins the corner property, it is not a part of it, and is not being used a~ part of the business, enterprise conducted on the corner, property. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because of its pby~io~L~ loca%ion~ the 50 -foot lot is aotual~v~considered p~rt of the residential lots fronting on Marlene Lane and can be p~ysically separated fr°m` the corner proper~.~ which is ~now being used so!e~y for business purposes. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because %he lot would ret~i~ residential. The %r~s£er of title would not adversely affect the public safety, health, welfare, comfort or convenience of the surrounding property o~ners. Nor would it adversely affect the value of adjoining properties. .... ) ss .'. ' natuFe COUNTY- OF ~t~F0~ ~') '. ......... ....... ,. .... . _..; Sworn to this ............................................. day LEGAL NOrfl~E , Fork Bank a,m:t ~ Co. 2) oneI ~sign on the pr~porty of C. [ No~ce of He~s ~1~, 1~ ~ ~e ~th ~de~ ~s~t ~ ~ ~n ~w and ~e p~sio~ of the ~d~ B~d~g Zone Or- by ~, w~ ~ F. Car~-C. Kol~ din~n~ of the ~n of ~u~old, Suffolk C~ty, New York, ~Bc ~ty of H. B. Rob~, lo- hearings will be held ~by the Zoning Board of Ap/oeals of the To~n of Southold, at the Town Office, Main Road, Southold, .New York, on Janizary 5, 19~? the following appeals: ?:30 P.M. (E.S.T.), U~oon ap~li- c~tion of Wllllam Clarke, Esq., i~3a~t~tuck. New York, a/c Robin- son J. ~Gosodale, Pe~onic Bay ~lvd., Jame~ort, Nmv York, for a variance in accordance with the Zoning Ordinmace, Art{ele IH, Sec- tion 303, A~ticle X, Sectio~ 1000A. ~r !0erm}~ion to divide property ~th in~mff~cle~t frontage arid area. Lo~ahion of p~c~e~ty: west side M~rlene Lane, Mat~ltu~k, New Ybrk, bounde~l ~ by ~. J. C~oo~lale, ec~t by M~l'lene Lal~e, ~outh by Vv'. J. Clarke, we~ by Idattitur. k Park Sub. ?:40 P.M. (E.S.T.), Upon a!c~li- cation of Kyrlllos C~ar~larr~blde~. 1550 C~n~l Dr~ve, Mattituck, New Y0~k, for a varlm~e in ~ccord- ance w~th the Zonir~g Ordinance, Article III, Section $00, Subsection 6, Article VII, Sectior~ 763, for per- mission to retain ,and ~ceessory building in the front yard area. Location of ~rty: north ~lde Central Drive, lot ~umber ?9 in C~t. · i~dd ~t~tes, Matt{tuck, /~ew York. ?:50 P.M. (E~.T.), Upon aiapll- cation of F~ank A. McGee, Stroh- son P~arl, Cu/mlaogue, New York, ior a ~eclal exception in accord- Article IIL Section 800, Subsection ~ arid 10, for pormission to retain ~n off premi~ name plate sign. Lo~atlon of ~ro~oerty: south east ~lde Strohson Ro~d and Little Neck Road, C~t~l~/~e, New York, bour~d~d no~lh by Strohson east by L. M. /~.son, ,~o~th by Creek, west by Little Neck 8:00 P~VL (~/LS.T), ~pma appli- catio~ of Jo.~eph ,a~d Sophie Cher- epowicz, M~in Rc~d, East Marion, lq~w York, for recognition of ac- cess in ,acc~c~ance with the Sta~e of New York Town Law, Section 280A. Lo~a~on of ~roporty: east ~tcle S&tpyard Lane, East Marion, New York, bonnded l~orth by Ma/n ~0a~l, east by Marion Ma~or Sub.- ~e, nor Grove, south by Northern ~yster Co.-~eeve, west by Shl~- ca,ed on the we~t side Main ~tchogue,, N~w York, bounded ~/~rth by ,Stanley l~ysko, east by ~ Road, ~h by D. ~bi~- C~I, ~a~ Avenue, ~thers ~, N~ Y~k, f~ a vance din~ce, ~i~e ~ ~'tion 301 A ~k ~Oon of p~erty: ~o~h e~ ~ner ~ C~s~nt Avenue ,and ~on~ Ave~, ~ ~orth by W~t E~d ~ Co., ~n~ Avenue, west by Cr~ent 9:~ P:M. (E.S,T,), U~n appli- ~ a ~ e~ep~inn in ac~rd- fo~ow~g ~s. 1) ~ on m~ ~ ~ the no~ ~de ~ ~, w~ by C~les S~a; 2) i ~ on pre,se w~l ~gn on the nor~ by Hu~ell Ave~, ~t by ~d ~d, ~t by George 9:15 P~. (E.S.T.), Upon appO- rtion of I~i~ C. Wells, Legion ~venue, ~ttit~k, N~ York, for a ~ ex,priori in a~rdance ior ~ion to rein ~ off p~e- m~ ~gn on ~e .prope~tF of ~r NeweH, l~a~ on ~e side ~ ~n Ro~, Mat~guck, N~ York, ~u~ed n~th by M. S. Wi~, e~t by ~ice ~u~her ~t., ~uth by Fay K~ba~. west Any per~n d~g to ~ heard on ~y of the a~ve applicatiom ~o~d ~ar at ~e ~me and yal~d Lane-others. [/)lace above speci/ied. 8:10 P~. (E.S.T.), Upon appli-[DA/l~.~: D~ICE/M~E/R 15, 1966, BY c~t{on of ~n W~c~, WI~[ O~ER OF T~ ~U{~O~ ~ F~m, ~ ~, Cu~h-[ ~W~ ~ OF ~ $, New York, f~ a ~ ex- [ ltD30 ~tion ~ a~ ~th the[ ~ ~, ~b~ion A, f~ ~r. ~ion ~ re~ ~ on pr~ ~ ~e pr~ty~Bne. ~at~n of ~r~e~y: ~th ~de Ma~ ~ n~by~n~,~tbyH. L., ~t ~., ~h by Wlc~, ~k-F. ~11, w~t by F. ~ut-~ J .~..~..c.~.-.~:~: .... being duly Sworn. nter and Publisher of the SUFFOLK paper published at Greenport, in said c~, of which the ~mne~ced is n printed ! in the suid Suffolk Weekly Times ...... .~[ .~. ~ .'~. .............. week~ on the . [~[.~.~-.c.~. ........ 19 .~.' .......... ......... . .... ..... cation ~f Chester Orlowsl~l, a/c Our L~dy of Ostrabre~rm Church, Depot La~e, C~tchogue, New York, for ~m~ission to ret~n a direc- ,tional sign on the ,property of Cora W. V/~lf, k~c~ated on ,the south side Main Road, Cutchogue, New York, boun~led north by M~ln Ro~d, east by H. L. Fleet & Ano., south by H. L. Fleet ~nd Ano., west by Anthony Bla~s. ~:~0 Pa'~. (F~8.T). U~on appli- cation of ~gway 1%trolcum Corp., P~J~ski Shreet, Riverhead, New ' York, ~/c Ted Ki~ ~erviee tion, Main Ro~d, Peconlc, New! York, for a s~ecial exception in aceord~r~ce wit~ the Zoning Or-[ dirmnee, Article IV, Sectiion 408, Subsee~ion A, for ~ermi,sslon tn re- bain an on premises pole ,sign with lnso'~fi~ier~t ~etba~k. Location of property: sou, th sic~e Mai~x Peconlc, New York, ~bounded north by Main Road, e~t by M. Ko- n~rski, south by E. Horton, west by E. I~or~c~. 8:40 P~M. (~E~q.T), Upon a~pli- cation of New,on Robbins, Capt. ~Ii~na' Rowboat Station Third Street, New Suffolk, New York, for ~ special e~ce~tica~ in accordance with the Zeroing Ordinance, Article III, Seetion 300, Subsection 18, for )ermA~sion ~o retain an off prem- ises directional sign with insuffi- cient ~sethack. ~acation of prop- erty: ~c~h east corner of Main ~tree,t and Third Street, New folk, New York, boanc~ed north by I Helen Aponik, east by Dan~e A. I Lorti, s0~th by M~in Street, west~ I,by Street. ' T~hird 8:50 PM. (E~R.T), Upon ,appli- ~cation of I~ussell P. Silleck Agen.- cy, Main Street, (~utchogue, New York, ~cr a ~pecial e~ception in :accorhanse with the Zen/rig Ordii~- a~ce, Article IV, Section 44)8, Sub- ~eetion A&B, and Ar,~icle III. Section 300, Subsection 10, for permission t~ re~ain the ,following signs: 1) one on premises grou-~d sign with in- sufficient setback from the prop- e~y line, arrd ,two signs on the front of the building. Location of property: south ,~kle Mair~ l~ca,d, ~-at~h_og~e, New York, b~unded ,north by Main Ro~cl, east by L ~evin, so,th a~d we~i by North NOTICE OF ]HEARINGS back. I~x n of property: northeast corner of ,escent Avenue and Men- Pursuant to Section 267 of the Town tauk Avenue, Fishers Island, New York, Law and the provision~ of the amended bounded north by West End Land Co., Building Zone Ordinance of the Towl~ east by School District, south by of Southold, Suffolk County, New York, tauk Avenue, west by Crescent Avenue. public hearings will be held by t~e 9:05 P. M. (E.S.T.), upon application Zoning Board of Appeals of the To~n of George J. Berry, Willow Pond of Southold, at the Town Office, Main Lane, Southold, New York, for a special Road, Southold, New York, on Janu exception m accordance with the Zon- ary 5, 1967, on the following appeals: ~ing Ordinance, Article IV, Section 408, ~:30 P. M. (E.S.T.), upon application Subsection A ~ B, for permission to of William Clarke, E.s~, lVEattituck, retain the following signs. 1) an on New York, a/c Robinson J. Goodale, premises sign on the north side Main Pecenic Bay Blvd., Jamesport, New Road, Peconie, New York, bounded York, for a. variance in accordance north by Charles Slam~, east b~ with the Zoning Ordinance, Article Charles Slama, south by Main Road, III, SectiOn 303, Article X, Section west by Charles Slama; 2) an on prem- i l0~0A, for permission to divide prop-lses wall sign on the south side Hum- erty with i~suff]cient ~rontage ~nd moll Avenue, Southold, New York, area. Location of property: west side bounded north by Hummell Avenue, Marlene Lane, Mattituck, New York, east by Boisseau Avenue, south by bounded north by R. J. Goodaie, east' Long Island Railroad, west by George by Mariene Lane, south by W. J. F. Erath. G'~arke, wes~ by Mattituck Park Sub. t 9:15 P. M. (E.S.T.), upon application 7:40 P. M. (E.S.T.), upon application of Irving C. Wells, Legion Avenue, of Kyrillos Charalambldes, lg50 Central Mattituek, New York, for · special Drive, Mattithck, New York, for a variance in accordance with the Zon- ing Ordinance, Article III, Section 390, Subsection 6, Article VII, Section ~03, for permission to retain an accessory building in the front yard area. Loca- tion of property: North side Central Drive, lot number 79, in Capt. Kidd Estates, Mattituck, New York, exception in accordance with the Zon- ing Ordinance, Article IV, Section 408, Sub,etlon A, for permission to retain an off premises sign on the property of Peter Neweil, located on the east side Main Road, Mattituck, New, York, bounded north by M. S. Wickham, east by Alice Boutcher Est., south by Pay Kimbell, west by Main Road. 7:50 P. M. (E~.T.). upon apphcation ~.~, ]~"llon desiring to be heard on of Prank A. McGee, Strohson Road, ithe above applications should appear Cutchegue, New York, for special ex- at the time and place above specified. ceptian in accordance w~th the Zoning DA'r~u: DECEMBER 15, 1966, Ordinance, Article IH, Section 300, Subsection 7 and 10, for permission to retain an off premises name plate sign. Location of property: south east side{ Strohson Road and Little Neck Road Cutchogue, N. Y., bounded north by I~ohson Road, east by L. M. Mason, ~uth bY Creek, west by Little Neck 8:~ P. M. (E.S.T.), upon application of J~seph and Sophie Cherepowicz, Main P~ad, East Marion, New York, for recognition of access in gccordance with the State of New York Town Law, Seotion 28~A. Location of property:{ east side Shipyard Lane, East Marion, Ne~ York, bounded north ,by Main I Road, east by Marion Manor Sub.- Manor Grove, south by Northern Oy- ster Co.- Reeve, west by Shipyard~ Lane--others. of John Wickham, Wickham Fruit Farm, Main Road, Cutehogue, New York, for a special exception in accord- ance with the Zoning Ordinance, Ar~ ticle IV, Section 408, Subsection A, for permission te retain an on premises sign with insufficient setback from the property line. Location of property: south side Main Ro~d, Cutehogue, New York, bounded north by Main' Road, east by H. L. Fleet Est., south by Wickham Creek,--F. Tuthill, west by P. Tuthill. 8:30 P~ M. (E~S.T.) upon application Ostrabrama Church, Depot Lane, Cut- chogue, New York, for permission to retain a directional sign on the prop* erty of Cora W, Wolf, located on the~ south side Main Road, Cu~chogue. New ~York, bounded north by Main Road, east by H. I~ Fleet and Ano., south by [ H. ~. Fleet and Ano., west by Anthor~- 8:30 P~ M. (E~S.T.), upon applica~on of Agway Petroleum Corp., Pulaski Street, Rlverhcad, New York, a/c Ted Klos Service Station, Main Road, conic, New York, for a special excep- tiun in accordance with the Zoning Ordinance, Art~rle IV, Section 408, Subsection A, for permission to retain an on premises pole sign with tnsuf- ' ficient setback. Location of property: I south sid~ Main Road, Pesonic, New York, bounded north by Main Road, east by M. Konarsld, south by E. Hor- ton, west by E. Harton. SUFFOLK · SS: IEW YORK VVhitney Booth, Jr., being duly sworn, says the Editor, of THE LONG ISLAND MATTITUCK WATCHMAN, a public news- at Southold, in Suffolk County; and that ,hich the annexed is a printed copy, has been said Long Island Traveler-Mattituck Watch- :h week for .....c.~/...,~,~.4¢~...z...,:../.....~week,~ ommencing on the '; ~ / ' ./..~......,-~_-~ ....... /, 1 ~.,.~:....~ )rn to before me this ' ' day of BY ORDER OF THE SOUTHOLD .............. ....... ........ bhe 8:40 P. M. (E.S.T.), upon application of New,on Robbins, Capt. Jira's Row- b~at Station, Third Street, New Suffolk, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 10, for permission to retain an off prem- ises directional sign with insufficient setback. Location of property: north east corner of Main Street and Third Street, New Suffolk, New York, bound- ed north by Helen Aponik, east by Dante A. Lorti, south by Main Street, West by Third Street. 8:50 P. M. fE.S.T.), upon application of Russell P. Silleck Agency, Main Street, Cutchogue, New York, for a special exception in accordance with the Zoning Ordinance. Article IV, Sec- tion 408, Subsection A & B, and Ar- ticle III, Section 300, Subsection 10, for permi~ion to retain the following signs: 1) one on premises ground sign with insufficient setback from the property line, and two signs on the front of the building. Location of property: south side Main Road, Cut- chog~e, New York, bounded north by M~in Road, east by L Levin, south and west by North Fork Bank and Trust Co. 2) one road side sign on the property of C. Koloski, located on the south side Main Road, Mattituck, New York, bounded north by Matn Road, east by H. Pollak, south by C. Koloski, west by F. Carlin--C. Koloski. 3) one road side sign located on the property of H. B. Robinson, located on the west side Main Road, Cutehogue, New York, bounded north by Stanley Hysko, east by Main Road, south by D. Robinson -- Ors., wast by Long Island Railroad. 9:00 P. M. (E.S.T.), upon application of l~ishers Island Union Chapel, Mon- tauk Avenue, Fishers Island, New York, for a variance in accordance with tho Zoning Ordinance, Article III, Section 301 A, and Articles III. Section 306, for pev,-riission to erect a church with excessive height ,~nd insufficieni seli WILLIAM J. CLAI~K December 13, 1966 Zoning Board of Appeals Town of Southold Southold, New York Gentlemen: Ro; Robinson J. Goodale Marlsne Lane Mattituckt N.Y. Enclosed is application for variance on above captioned premises, together with my check in the sum of $5.00. Please place my name on notice and advise me of the date of hearing. Very truly yours, WILLIAM J. )~LARK WJC:kcp encl.