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Home My WebLink About946 TOWN OF SOLITHOLD, NEW YORK APPEAL FROM DECISIO.N OF BUILDING INS, ~CTOR DATE ................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (~).~m'.s,,..Ma:r.~.en...C.~.i.tch!o~. .............of ........... 6.1.1......~.i!.e.~...~:~e ............................. Name of Appella,nt Street and'Number .......................... .Q~.~.~lpo~ ............................................. .......... N.o.Y.. ......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....... /. .... WHEREBY THE BUILDING INSPECTOR DENIED TO lq-ame of /~lS~licant for perm,; of ..... ..... ............................................. Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) permit to extend nOn-conforming business~ beyond two (2) year period nf non use of the building & premises. 1. LOCATION OF THE PROPERTY ..~/&....E, az~z._~arl...(aT...2.%). ............................. A....dzat Street Use District on Zoning Map xxxx East/ Greenport, N.Y. lv~ap No. 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 Do not quote the Ordi,nance.) Article X~ section 1007 -(d) Building zone ordinance 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62_ Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~[~ha:s not) been made with respect, to this decision of the Building Inspector or with respect to this property. Such oppegl was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that: ?ann ZB! Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 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~distriat because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE _ Pursuant to Section 267 of the Town Law and the provisions of the amended Building Zone Ordinance of the Town of Sot~hold, Suflolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Towa Office, Main Road, Southold, New York, on the Ist day of September, 1966, on the follow- 7:30 P. M. (E.D.S.T.), upon applica- tion of John C. Courtenay, 133 Central Avenue, Green]port, New York, for a variance in accordance with the Zon- ing Ordinance, Article III, Section 303, for permission to divide property with insufficient frontage. Location cd prop- erty: e~st side Carroll Avenue, Peconic, New York. bounded by Joseph Booker, east by W. Buckingham Estate, south by W. Buckingham Estate, west by Carroll Avenue. 7:40 P. M. (E.D.S.T.), upon applica- tion of Mrs. Warren Critcblow, 611 Barley Avenue, Greenport, New~ York, inr a variance in accordance with the Zoning Ordinance, Article X. Section 1007, Subsection d, for permission to extend non-conforming business beyond the two (2) year period of non-use of the building and premises. Location of property: north side Main Road, Gceenport, New York, bounded north [ by Ernest Wiggins, east by Ernest Wig- 'ghns, south by Main Road, west by Dorothy Carey. 7:50 P. M. (E.D.S.T.), upon applica- tion of Douglas Bcebe and Sons, Inc., Main Road, Cutehogue, New york, for a special exception in accordance with the Zoning Ordinance, Article IV, Sec- tion 400, Subsection A, for pormission [ to retain an on pr~nises identification ground sign with insufficient height from ground level. Location of prop- erty: norEa side Maan Road, Cutehogue, New York, bounded north by S. Beebe, west by M. Meltzer. tiun of Mattituck Estates Subdivision. Mattituck, New York, for a special ex- ception in accordance with the Zoning Ordinance, Article I1Y., Section 30C~ Subsection 9, for permission to retain subdivision identification signs with insufficient setback at lhe following lo- cations: 1) at the entrance to Car- dinal Drive on lot number 5 in Matti- tuck Estates: 2~ on the property of Mattituck HisloricaL Main Road, Mat- tituck. New York: 3} two signs on the north side of New Suffolk Avenue, at the entrance to Blossom Blvd.. on lots number 30 and 31 in Mattituck Estates; 4) on the north side of New Suffolk End Avenue, New York City, for a lng Ordinance. Article III, Section 303, for permission to divide property and construct a dwelling with insufficient area. Location of property: Main Street, Jackson Street, Fifth Fifth od north by l~ain Street, east by Acker-Fudjinski, south by Jackson Street, west by Fifth Street. Any person desiring to be heard on the above applications should appear DATED: AUGUST 18, 1966 BY or SO TaO r i TOWN BOAB~D or APPEALS COUNTY OF SUFFOLK [ ss: STATE OF NEW YORK ~ C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MA-[-FITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Mattituck Watch- man once each week for ........ week¢/ successively, commencing on the ........... ~,7~.~... .................. of ....... day ~' ' ' ...................... Sworn to before me this ..... '~ '..'~.~. .......... day of ...... ...... , DAY, AUGUST 26, 1966 NOTICE OF ~GS Pursuant to Section 2§7 of the ~Town Law and the provisions of ~the Amended Building Zone dinance ~f the Town of Southold, Suffolk C~unty, New York, public hearir~s will be held by the Zon- ing Board of Appeals of the Town of Suathold, at the Town Office, Main Road, Southold, New York, on the 1st day of Se~otembe.r 1960 on the following appeala. 7:30 P.M. CI~,~D.S.T.), Upon ap- plioation of John C. Courtenay' 133 Central Avenue, Greenport, New York, for a variance i~ ac- cordanee with the Zoning Ordin- ance, Article HI, Section 303, for' permission to divide proporty with insufficient frontage. Location ~f property, ea~ side Carroll enue, Peco~ie, New York, bounded north by Joseph Booker, east by W. Buckingham ~state, south by W. Buckingham Estate, west by i Carroll Avenue. 7:40 P~M. (~.D.S.T.), Upon ap- plication of ~v~rs. Warren Critch- 10w, 611 Bailey Avenue, Greenport, New Y~ark, fqr a variance in ac- cordance with the Z0ning Ordin- ance, Scetion 1007, Subsection d, for permi~s4on to extend non-con.. forming business beyond the two . (2) year period of ~0:r~-use of the , building and premises Location of property: north side Main Road, I ~ (~reenport, New York, bounded north by Ernest Wiggins, ea~i by! Ernest Wiggins, south by Main! ttoad, west by Dorothy CaTey. 7:50 P. M.(~E.~.S.T.) Upon ap-I plication of Dougla~ Beebe and Son,s, Inc., Main Road, Cutchogue, New York, for a special exception ir~ accordance with the Zening Or- dinance, Articl,e IV, Section 400, Subsection A, for permission to re- tain an on p.remises identificati- tion ground sign with in~ufficie_nt height from ground level Loca- tion of property: north ,side Main Road, :Cutehogue, New York, bounded north by S. Beebe, east by ~. Beebe, south by Main Road, west by M. Meltzer. 8:09 P~VL (~,D.s~T.), Upon ap- plication of Matti~uck Estates Subdivisions, Mattituck, New York, f,or a special exception in accord- ance with the Zoning Ordinance, 7 Article ITT, Section 300, Subsection 9, 2or permi,~sion to retain sub-di- visior~ identification sigr, s with in- sufficient setback at the follow-. ing locations: 1) at the entrancei to Cardinal Drive on lot r~umber 5 in Mattituck Estates; 2) on proporty of M~ttituck H~storical, Road, Mattituck, Ne,w York; ~aln 3) two signs on the north side ofI New Suffolk Avenue, at the en- trance to B$ossom Blvd., on lots', number 30 and 31 in Mattituck Estates; 4) ~n the north side New Suffolk Avenue at the en- trance to Meadow Lane aa lot' number 45 in Mattituck Estates, Mattituck, New York. 3:~0 P.M. (E~.T.), Upon al~- plication of George D. Damien, 924 W~st End Avenue, New York C~ty, New York, for :a variance in ac- cordance with the Zoning Ordin, once, Article II/, Section 303, permission to divide property and construct a dwelling w~tl~ ~suf- ficient area. Location of prop- erty: Main Street, Jackson Street, Fifth Street, New Suffolk, New sT~t -~,~.~- .... +~ bv Main aOnpo,zd Uaq,~tTM aq P~fd.~s COUNTY OF SUFFOLK, } STATE OF NEW YORK, J ...: .~J... ~'(',~-~_. ,~-?'.~".-..~-~, .~ .~..c~. ~..~.,,?.... being duly Sworn, soys that .. ~.'J' '~ is Printer and Publisher of ~e SUFFOLK WEEKLY TIMES, a news~per pub~ish~ ~t Green~rt, in s~d county; and ~hat the naris, of which ~e ,anne~d is u print~ ~py, has ~en published in the ~d Suffolk W~kly Times ~nce in each week, ~or ........ [~.~.~ ............ week~ successively commencing on the . ~ q ~ m~.,a~, y.. :~-... ~ ~.. day of .. ~ .~,~G~ ..... 19~.~. August Mrs. Warren Critchlow 61~ B~iley Ave Greenport~ L.I.~ N.Y. Dear Mrs Critchlow$ In reply to your inquiry about "SKIPPERS" restaurant~ Main Road~ .E~st Greenport9 Please be advised$ Article X: section 1007 - (~) provides that,- "whenever a Non- Conforming building or premises use has been discontiued for a period of mo:'e than two years (2) or changed to a higher classification --- the non conforming use of such building or premises shall no longer be per, itt,id un le~s a varf~anc~ shall be granted by the Board of Appeals In y~w~ease the restaurant must have a record of operation with less than a two year lapse, or be approved by a variance from the Board of Appeals9 to be considered an active "Non-Conforming use" and be permitted to Continue as such. I dent know who advised you that you sh~pen the restaurant for two days~ this would seem to me as bein~ too short a time to make a valid claim of a non-conforming us% It would appear to me that it would be better to make an application to the Board of Appeals to extend the Non-Conforming use beyond the two year time limit than to go to all of the trouble to actually open up for a short time, This would put you in a much better and stronger legal position~ and is being done in another case similar to yours. Thank you for removing the signs~ as per the notice sent~ If you want to reopen the restaurar~t~ kindly send me an affidavit of its operstion - the date it was opened and the date it was last opened for business, and I will advise you of the current regulations affecting the premises. If you ~ecide to make application to t~e Board to extend the non-confer, lng use of the building and premises~ we have forms at this office for this purpose. Yours truly Building Inspector GREENpORT, L, i,, N. Y