HomeMy WebLinkAbout1097
TOWN OF SOUTHOLD, NEW YORK
ACTION OF THE ZONING BOARD OF Al'PEALS
appeal No. 1097 Dated April 25, 1967
To Irving L. Price, Esq. a/c :South Summer Theat~fe,
Main Street 197 Carlton Avenue
Greenport, New York Brooklyn, New York
DATE . May..1.1.,- 1967
Inc.
AppeHant
at a meeting of the Zoning Board' of Appeals on ThursdaY, Ma~y 11,
was conside~ed and the action indicated ~elow ~s taken on your
( ) Poequest for variance due to lack of acces~ to property
( ) Request for a special exception under the Zoning Ordinance
(~) Request for a variance to the Zon~g .Ordinance
( )
1967
~e alypeal
1. SPBCI~L EXCEPTION. Ny resolution of the Board it was-determined that a special exception ( ) be granted
( ) be denied pursuant to Article ............... Section ................ Subsection ................ paragraph
............... of the Zoning Ordinance, and the decision of the ~lffidi~ Inspector, ( ) be reversed ( ) be
confirmed b~ause I0:00 P.M. (E~D.S.T.), Upon application of IrVing L. Price,
Jr., Esq. ,' Main Street, Greenport, New Yonk, a/c South01d Summer Theatre,
Inc., 197 Carlton Avenue/ Brooklyn, New~ York, for a variance- in accordance
with the Zoning. Ordinance, Article Ill, Section 300, ~or permission to
operate a place Of amusement. Location of property: south~ side Main
Road, Greenport, New York, bounded north by Main 'Road, east by Greenport
Homes Sub., south by Railroad, west by Fleet Lumber, Inc.
2. VAP~IANCB. By re~olution of the B6ard ~t was determined that
(a) Strict ~lyplicatten of the Ordinance (would) (would not) ~)rod~ce practical difficnities or unnecessary hardship
SEE REVERSE
(b) The hardship created (is) (is not) unique and (would) (would not) be shared b~y all prOperties alike in the
immediate: ~Wcinity of this pro~erty and in the same use district because
SEE REVERSE
(c) The variance (does) (doea not) observe the spirit of the Ordinance and (gould) (~o~tld not) change the character
of the district because
SEE REVERSE
and therefore, it v/as further determined that the requested variance ( ) be granted ( ) be denied and that the
previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed.
~ .~C~ g ~ /ZONIAf* BOAP~D OP AppBAL~
Barbara C. Dittmann~ Secretary
/
After investigation and inspection the Board finds that the
applicant requests permission to operate a place of amusement in
a residential area. The use requested is a use normally permitted
in the "B-l" Business District by specia% exception. The oper-
ation involved is to be a summer theatre. The Board ~ds this
group operated in t~e Vi%lage of Greenport las~ year. Ail reports
indicate that the quality of the plays were very good, and the
management of the operation was very good. There seemed to be no
objection to this Theatre for the season of 1966. There was no
excessive noise from the Theatre.
The size of the property in question is approximately
4 acres, having 250 feet road frontage. The flame proof
tent to be used is 40 feet by 60 feet, thus leaving ample
parking area on the property. There will not be an over-
crowding of land by permitting this use on the property.
The Board finds that strict application of the Ordinance
will?roduce practical difficulties or~.unnecessary hardship;
the Hardship created is unique %~d ~6u~ ~ot be shared by all
properties alike iN the immediate vicin'ity of this p~bper~y' and
in-the~ same use district a~d the varSance does observe t~ ~
Spirit of %he Ordinanc~ ~hd will no~ change the character of
the district.
· her~fore, it was RESOLVED ~chat Irving L. PridW, Jr., Esq.,
Greenport, New York, a/c Southold Summer Theatre, Inc., 197
Carlton Avenue, Brooklyn,' New' York, be granted p~nission to
operate a place of amusement as applied for on property located
on the south side Main Road, Greenport, New York. This variance
is granted subject to the following conditions:
1. This permission may be revokable with one week notice.
2. The applicant shall have the approval of the Suffolk
County Health Department for the water supply and sewage disposal.
3. The applicant must have certification from the Labor
Department that the tent housing the patrons is flameproof.
4. The property shall be mowed for the entire width and
to the depth used.
5. The tent shall be located in line with Fleet Lumber
Company building, or 50 feet back from the Main Road and 50
feet from the westerly side line.
6. Signs: - a) one four foot by six foot advertising the
Summer Theatre; must be five feet f~em property line, three
feet above ground level; B) entrance and exit signs to be 18" by
4'; c) sign indicating parking area to be 18" by 4'.
7. The entrance and exit and parking area shall be lighted
during the hours of use.
8. Arrangements shall be made for orderly parking.
9. This permission runs from June 1, 1967,
to October 1, 1967.
TOWN OF SOUTHGLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
APPEA NO l°? l
:~, (We) .~QLI.T~IOLD..S.UA/iA/i~I~q..TI4E2%T. Ri~yINC. 197 Carlton Avenue,
Name Of Appellant ............................................................................
Street and Number
Brooklyn N. ¥.
..................................... ~A'JZ'i~i~ii~; ................................................................ HEREBYAPPEAL TO
State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE B,~ILDI,~G INSPECTO
.....
..................................... ED ........... .~ .... ,
WHEREBY THE BUILDING INSPECTOR DENIED TO
.....
of 197 Carlton Ave., Brooklyn, N. Y.
..... ~i~';;~'~"~5;~;'; ........................ ~'JA'ii~i;~ .................... ~i~ .......................
(X) PERM IT TO USE
( ) PERMIT FOR OCCUPANCY
( )
1. LOCATION OF THE PROPERTY Route 25, West of Greenport H:omes
Street Use District on
& East' of Fleet Lumber ind'.
Map N~): ..................................................................
Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi,nance.)
3. TYPE OF APPEAL Appeal is made herewith for
(~) A VARIANCE to the Zoning Ordina.nce or Zoning Map
( ) A VARIANCE due to Jack of access (.State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal /l:~rc]~(has not) been made_ with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal 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
(~) A Vc~riance~to the Zoning Ordinance
( )
is requested for the reason that applicant wishes to lease property for summer season
and operate a summer theatre in a tent ~t._Don same. It was operated at Main and
Front, Village of Greenport, New York, during summer of 1966. Same premises
not avaiiable.
Form ZB1
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because this property is zoned residential and owner wouldnot be
able to rent such vacant land for residential use for just one season. The applicant
must have land large enough and cbnveniently located.
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 bec,ause it is only parcel zoned residential
for quite a distance east of the easterly adjoining premises which are improved
with structures which were erected about 1943 as temporary war housing.
3. The Varmnce would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because the area generally is commercial and the
summer theatre which would be conducted is not noisy nor would it be disturbing
to any neighbors. The property is more than 4 acres with 250-foot road frontage
and being 770 feet deep. The tent is 40 x 60 and last year operated on a lot 50 x 160.
STATE OF NEW YORK )
)
COUNTY OF SUFFOL~
SS
Sworn to this ..............................................
THE SUMMER TI-IEATRE, INC.
......... ~ Signature Attorney at Law
day of. ' ....~P.?..i.1. ................................ 19 6 7.
~,. GI~'i~'~qI~)RT, N. ~'. ["IiIDAy. MAY 5. ~7
[ divMe ~, ~n ~- p~- ~K,
N~ of H~s e~y: no~ w~ side ~w~r[RK ~ ss:
~t ~ ~tion 26~ of ~e[~, N~u ~nt, ~e,[' ' J
~ ~ ~l ~e ~v~o~ of [ N~ York, ~t n~rs 9 and 10 In}
a%"~~~O~_l~ ~ ~a~ ~lvl-~...~~ .... ~in9 duly Sworn.
~ of ~ ~ of ~u~uld, ~on.
~ff~k ~ty, N~ York, p~b~ 9:~ P~. (ED~.T.-, U~n ap- Printer and Publisher of ~e SUFFOLK
hel~ln~$ will be held by the 7.on-
lng B~ar~l of Al~poals of the Tow~
of Sout~oid, at the Town Office
Main Ik~ad, Sc~thoid, New York
on the llth day of May, 1.967,
the following appeals:
~:30 P.M. (~LD~S.'r.), Upon ap-
t~llc~tion of Russell Tabor and
Sons, Orient, New York, for a
cial exct~l~ion in accordance with
the Zc~lng Ordinance, Article X,
~e~tion 1606A, for permission te
renew a farm l~bor camp pormit
~r~n~ed ~ 5, .1966. Loc~tion of
prol0orty: ea~ ~lde Platt Road,
Orient, N~w York, ,bounded north
,by W. B. Karc~er-¥. T. Lathsm,
east by R. W. Glllk~pie, south by
G. W. Hallo~, west ~by Platt
7:35 P~VL (E,D.S.T.), Upon
plication of Ed's Sign Service, 956
E. i~lain Stwee4~, R~vorhead New
Yo~k, a/c Al's Liquor Store, Grif-
fin Street, ~e, New York,
lot a speel~..~f ~hpt. ion in accord-
.ance with tt/~,Zoning Ordinance,
Article L'V, ,Seo~lon 4116, Sot:6ection
(a}, for porn41aaton to erect a
grom~ sign with tnsu?~lent
,~etback. Location of ~r~erty:
north side ~ P,x~d and Grif-
fin S~reet,. Cutohog~e, New York,
,bounded north by Chas. Schnei-
der, ~ by A. J. Tel~, ~outh by
Main P~oad, we6% by Griffin
S~eet.
~/:'50 PMi. (.~.,D~.T.), Upon
pllcation of Wl~lter Teresee, Hew
Suffolk Road, Cutchogue, New
York, for ~ special exeeptior~ in
accordance with the Zoning Or-
~lln~r~ce, Attic ~i III, Section 300,
St~hseetio~ 8, f t>ermission to re-
kaln an o~ pre,n~es ldentificaton
siva with lnm~f~cient setback from
proper~y ll~e. location of property:
New York, Ixnu~ded north by W. H.
Caae-Ter~, e~s~ by J. Wlckham
Es~., south: ~by J. A. Tuthill Est.-
~be; west ,by Beebe-Ter-
8:~) P'2~. (/~LD,5.T.,, Upon
)lie~tio~x of ~lclan Elak, iVL21n
P~ad, Cutchogue, New York, for a
ffi~cial exception in a~cordance
~lth the ~oning Ordinance, Arti-
cle LLI, Section 300, St~bse~tion 8,
for permission to rete~ farm
stand signs. Location of property:
south ,side Main Roaxl, Cutohognxe,
New York, bounded nort~ by Main
l~oad, eas~ by M. Elak, so~th by
l~. Elak, w~st by District Line.
8:1~5 p~i. (~D~5.T.), Upon ap-
l~llcation of Valer~tine Ruth, TI/,
Wilkins Place, Tenafly, New Jer-
sey, for a special e~ceptlon in
cord~-~ee with the Zonil~4g O~di~-{
a~ce. Article III, Section 300,
,seCtion 9, ~or l~nnisslon to retain
the following signs for Arsha.-
momaxtue Color, Y: I) one st~bdl-!
vis,on sign with insufficient set-
back, located on the sout~ side t
Mkldie Road, Greenport,
York, 'boom,led north by Middle
Road, east by Teeves, ~outh by
Ca~sidy, we~t by P, ach .a~.d ot .i~ers}
2) two area identification
aouth side Middle Ro~l, Green'I
por~, New York, bounded north by~
Middle l~oad, east by t~roperty of
Rueh, sot~th by private roaxi, west
8:30 P.M. (,~,,D~T.), Lip
pl~allon of William E. and '1~
C. Folkes, 59~ I~lley Avenue, Matk
tituck, N~w york, for a variance
in ~ccordance with the Zoning
dinance, A~tlcle llI, Section t~,
Article X, Sectlan 1G00A, for
mission in divide proI~rty. Leea-
tion of l~ropo~t~': south east side
Riley Avenue, lot ~auntber 12, 0.
Riley & Oth~. M,attl~uck, New
York.
plicatlon of Wlllla~n M. Bcebe,
New Suffolk Lane, ~, NeW~ews~per publish~ At Greenport, in suid
Y~k, f~ { vam~ in
~ ~ ~e Zo~ ~,notice, ~of which ~e ,~ne~ed is ~ print~
~e I~, ~n 3~, ~l~e X,
~ion 1~, for ~ ~ dl-ished in fhe aid Suffolk Week~ Times
vl~ pr~y. ~t~n of ~-
~tF: w~ side New ~ffo~ ~d,~r ........ ~ .............. week~
]Ou~e, New York, "B
[n~ ~t~ct, ~d no~h by cing on the .. ,~ .............
R. C. Ch~ch-Wffi~, e~t by
ciety. [.~. ·. o.~ - ~ ~ ........................
9 ~ P~. (E~.T.), U~n ap-
p~tion of Ge~ W. ~ &]tnls .:~.~;...~
~, ~ ~r~ ~, New[ 19~? · J
York, a/c ~, ~
P~k, ~u~id New York ~r a ~ ......
v~ in ~r~ wl~ ~e~ ..... [~ ...... ,' '. .....~' '~'' /~
or , lcle m ...... ..... .....
~ 3~1, f~ ~n ~ ~n-
strict un ~klition with in~uffi-
cent front yard selback. Location
of property: private right of way,
Soullaold, New York, lot ~un~ber
118 in Ceda~ Beach Park S~bdi-
· vision.
10:00 P.M.' (E~)~.T.), Upon
)lication of Irving L. Price, Jr.,
F-~I., ~reenl~rt, New York, a/c
Southold Summer Theatre Inc., 1~/
Carlton Avenue, Brooklyn, New
York, for a variance in
~ordat~ce with the Zoning Ordin-
~nce, Article III, Section ~0, For
)e~ to ,operate a place of
sanu~emm~. Lee~tion of property:
so~th side Mai~ Road, Green~rt,
N~w York, botu~ded north by Main
Road, east by Greentx~t H~n~s,
~t~b., south ,by rallro~d, we~t by
Fleet Lu~ber, Inc.
Axay person deairIng to be heard
on any of t~e above applications
should appear ~t the time and
place above specified.
13A'I~StlD: APIU. L 2~, 1~6~, BY OR-
TOWN BOARD OF APPEALS
ItM5
p~t~ of .~.~ york, ~/~
~u~l~Id, ~w .
~q ...... ~.~, ~tel ~
nia, ~3rd ~lew york, ~
~yea ,, V~~ ~
york, for ~ Zon~g Or~'
~e ~ {he . ~A, A~lcle~
I~, ~ctiOn ~, for
u~ ~ under~ 9~cel of ~nd.
~tion of Pr~rty: ~th ~de]
N~ Suf,folk Avenue, New ~ffo~d
~d~ ~r,h by New
Hew York, c~e,
~folk' A~enue, ea,~ by C.
south by p~nic Bay, west by M-
~york a/c g~c~ N~ york ~r a~
~ ~a ~o~e, -~th the
~,~}ers L~e, cu~ho~e, New
york, ~d ~r~ by M. V.
B~. ~ by M. V. Braatz.
~y Sa~ors Lane. west by M. V.
Brs~atz.
8:15 P~. (~.T.), U~n ap-
~ia~t~ of Wfl~m W~ck~m,
~', q., ~a~ tit~k, N~ york,
~d C. a~ ~tilda Bigg, Hay-
~m ~, ~gue, New
~ ~he ~ O~, Arri-
Ve ~, ~tl~ 3~ ~ ~, Article
April 25, 1967.
Board of Appeals,
Town Clerk's Office,
Southold, New York.
Re: Southold Summer Theatre, Inc.
Gentlemen:
Enclosed herewith find application in duplicate
for variance, together with proper application fee.
I would appreciate this being noticed for hearing
at the earliest possible date so that necessary preparations
can be made by applicant prior to opening.
ILP:SD
Enclosures
Thanking you in advance for your courtesy,
Very truly yours,