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HomeMy WebLinkAbout354 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 354 Dated April 4, 1961 ACTION OF THE ZONING BOARD OF APPEALS OF TOWN OF SOUTHOLD Fanning & Housner To 209 Fishel Avenue Riverhead, New York at a meeting of the Zoning Board of Appea,ls onThursday, April 20, was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property (X) Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance, ( ) DATE .~...~,..1961 Appellant 1961 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception (x) be granted ( ) be denied pursuant to Article.....I~.. ......... Section ...... ..4..0...0... Subsection......9. .......... pa,ragraph ................ of the Zoning Ordinance, and the decision of the Building Inspector (X) be reversed ( ) be confirmed because the Board finds the, following, This application is in effect a reinstatement of a former permit for a public garage and ~ermissive use of the front yard for display of farm machinery. The former spec/al exception and variance were valid for the use of Crabtree & O'Keefe, an automobile agency, and the new tenant will use the building for which it was designed and used for many years. The following conditions are imposed upon this applications 1. No major repair work shall be performed in the open. 2. Ail fuel, oil or similar substances shall be stored at least fifteen (15) feet distant from all street or lot lines. 2. VARIANCE. By resolution of the Board it was determined that (CONTINUED-OVER) (o) Strict application of the Ordinance (would) (would not) produce undue hardship because (b) The hardship created (is) (is not) un;que and (would) (would not) b% shared by all properties alike~in the immediate'vicinity of this pFoperty and in the same use district because (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) cha,nge the character of the district because and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the. previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. . ~% j~ ,) ,j. J/~ ~ J , ZONING BOARD OF APPEALS C ,~J~dith T. Boken, Secretary FOR~ ZB4 (Continued from FRONT) 3. Signs to tm in accordance with Article IV, Section 408 of the Building Zone Ordinance of the Town of Southold. 4. Premises shall not be used for gasoline service station purposes. It is the determination of the Board of Appeals that~ (1) The proposed use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located and will not prevent the legally established use in the residential use dis- trict adjacent thereto. (2) The proposed use will not prevent the orderly and reasonable use of adjacent properties and of properties in the adjacent use district. (3) The safety, health, the welfare, the comfort, and the convenience or order of the Town will not be adversely affected by the proposed use and its location. (4) The use will be in harmony with and promote the general purposes and intent of the Ordinahce. Accordingly this application is granted to. Fanning & Housner for permission to use premises &s a public garage in connection with the sale andservice of farm machinery and equipment with the aforementioned conditions during the occupancy b~ Lockwood Grader Corporation. * * * 7=45 P,M. (E.S.T.), upon application of Fanning & Housner, 209 Fishel Avenue, Riverhead, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section400, Subsection 9, for permission to use premises as a public garage /n connection with the sale and service of farm machinery and equipment. Location of property= northeast corner of Railroad Avenue and Middle Road (County Route 27A), Southold, New York, bounded north by Gagen, east by Gagen, south by Middle Road (County Route 27A), and west by Railroad Avenue. ! ~I~EGAL NOTICE Notiee of Hearing l~rsuant~to Section 2~7~of the Town Law a~d the Brovislon~ ~.e Amended Building Zone Or- dinance of the 'Ibwn of ~uffc~k County, Pew York, public heall~ will be held by the Zon- ing Board of Appeals of tho Town of Southald, a~c th~ Town C19rk Office, l~ain P,~ad, Southold, New York, an April-20, 1961, on ~ iollowi~g appeals; 7:30 P. Ni. (E. S. T.), upon plic~tion o~ Eugene Mazzafer~o. :a/c Catholic War Veterans, Pbst No. 'i30, Gree~]porb, New York, for a variam~e in ~ecordmnce with the Zoning Ordinam~e, Art/cle II, Sec- ~on 202, for Permission to operat~ a temporary ~usement enter- ,pris~ in an "A" Residential and [Agricultural District.- I.~_c,~v~o,n_ of I,property: east side Moo~'es Lane, /G,~eenpart, New York, bounded }north ,by Village of Greenp0rt |Municipal Light Pl~nt, east by A. ~rz0g, Sr. and Leo 81edjeski. south by II. L. Kalin and A. ,Herzog Jr., and west bM Moore's Lane. 7:45 P. l~I. (E. S. T.), upon ap- plication of ~Fann~g & Housner 269 Flshel Avenue, Riverhead, New York, ier a speciml e~ceptlon in ac- cJordance with the Zoning Ordin- ance, Article IV, F, ect~on 400, Sub- l,section 9, for portal, ion to .u~e p~emises as a public garage in conk ] neotion with the ~ale and service ]of f~a~m mar~hinery and equipment. ' Location of property: ~ortheast comer .of Rallmaad Avenue ' and } 1VIlddIe Road (County l~oute 9'iA), . Southold, New York, bounded I north by C~gen. east by Galen, so~th by Middle Boad (Count Route 2'iA, and west by Railroa Avenue. - 8:16 P. iVL (.E.S.T.), upon ap- plication of Farming & Housner, 209 Fiche1 Avenue, River&esd, N~ew York, for a variance in m~ardanc~ with the Z~ning Ordinance, Arti- cle I~r, Section 404 and 405, for per- mission to reduce required ffont yard. LocatiDn of property: northeast corner of Railroad n~e .and Middle P~oad, Route 27' A), Southold, Now :.bounded nprth by Gagen, east C~agen, south by l~dd~e Road (County R~ut~ 27A) and we~t by Railroad Avenue. Any person desiring to on the above a~pllc~tion3 appear at the time and abo~e spec/fled. DATED:. April 6, 1961 by Order of tko Southoid T~wn B~ard of Appeals, ltA14 STATE OF NEW YORK, COUNTY OF SUFFOLK, ~ ss: ~-~.....~.~.....~_~.~..._.., being duly Sworn, says that ........ ~_.... is Printer and Publisher of th~ SUFFOLK TIMES, a newspaper published at Greenpgrt, iu said county; and that the notice, of which the annexed is a printed copy, has been published in the said Suffolk Times once in each week, for .......... ' .................................................... ~ ............................ week~ successively commencing on the ............. day of .......... ~ ...... 19(~~ Sworn to before me this ....L~.__.~...:_._] of ......... CORNELIA C. KEOGH NOTARY PUBLIC, State of New Yor~ Nm ~2-2093890 Qualified in Suffolk Count~ Ter;~; E .pires March 30, 1961 -ow. o, so.,.o,., ,EW APPLICATION FOR SPECIAL EXCEPTION APPLICATION NO. DAT E...A.D..z:. ~..1....4.., 1961 TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. Y. Name Street and Number Riverhead Municipality New York Sta~e hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the. ZONING ORDINANCE ARTICLE IV SECTION 400 SUBSECTION 9 THE SPECIAL EXCEPTION IS REQUESTED BECAUSE: Applicant, Fanning & Housner, is a co-partnership comprised of William N. Housner and Josephine Housner. Applicant is the owner of premises located at the northeast corner of Railroad Avenue and Middle Country Road in Southold, N.Y. On the premises are located 3 buildings: a coHcrete block show room, a steel storage building and a 2-story frame dwelling house. A scaled drawing of said premises and buildings is attached hereto and made a part of this application. For many years prior to the adoption of the Building Zone Ordinance of the Town of Southold, the said concrete block show room and steel storage buildings and the surrounding area were used by the applicant for the sale and service of farm machinery and equipment. Due to the illness of William H. Housner, one of the partners of Fanning & Housner, the latter retired from such business and offered the premises for sale or rent for a business similar to that which it had previously conducted on the premises. In April 1959 Fan~ing & Housner entered into an agreement to sell said premises to G & S Auto Service, of Greenport, subject to the granting of a special exception by the Zoning Board of Appeals of the Town of Southold. An ap~.li~ation was thereupon made to said Board of Appeals, which application was d~nied chiefly by reason of the fact that the prospective purchasers had conducted a junk business in Greenport and the Board felt that the business that the prospective purchaser would conduct on the premises here involved might not be consistent with the spirit of the Ordinance. In May 1960, applicant entered into a lease with Crabtree-0'Keeffe Chevrolet, Inc. for a term of one year commencing June 15, 1960, which lease provided that the tenant would use the premises for the sale and service of aubomo- biles, trucks and other motor vehicles. Said lease was subject to th8 granting of a Special Exception by the Zoning Board of Appeals. An appli- cation for such Special Exception was filed in May 1960, and after a public hearing thereon the Zoning Board of Appeals granted the application and imposed certain conditions among which were"that no vehicles shall be parked closer than 25' from the south property line and that no vehicles Continued on attached sheet) STATE OF NEW YORK ) FANNING & HOUSNER COUNTY OF Suffolk ) Signatur~ Partner Sworn to this ....... .4..t...h. ...... day of .......... A~'.~,~ .......... , 19....~.1 No 52 ~86~0 Su~olk Co~W ' ' ~ ~ ~=ch 30 19~ Commission Expk 'sha~l be parked closer than 100' from the west property line." The tenant refused to take possession of the premises because of the last mentioned conditions. On or about June 24, 1960 this applicant made an application to the Zoning Board of Appeals for a variance to permit the parking or display of automobiles within the 25 foot front yard on Middle Road and within the 25 foot front yard on Railroad Avenue south of the driveway which is located south of the residence on the property. On July 15, 1960 the Zoning Board of Appeals granted the variance with the provision that "no cars be parked, exhibited or stored for commercial purposes on the westerly side of the existing business building except on the unoccupied 28 foot sideyard of the main building,~ and not closer than l0 feet to the existing dwelling, and not closer than l0 feet to the Railroad Avenue property line, and that on Middle Road no cars shall be parked, exhibited or stored for commercial purposes closer than 5 feet from the property line of the front yard along the entire 244°85 feet of the premises." This variance was granted for the duration of the above mentioned lease with Crabtree-0'Keeffe Chevrolet, Inc. Due to the delay in obtaining the fore- going variance, Crabtree-O'Keeffe Chevrolet, Inc. refused to take possession of the premises under the lease. Fanning & Housner was accordingly without a tenant and was again compelled to offer the premises for sale or lease. 4. Fanning & Housner ha~ just entered into a new lease with Lockwood Grader Corp., of Gering, Nebraska, covering its entire parcel for a term of 3 years beginning April 15, 1961, the premises to be used for the sale and service of farm machinery, that being the same type of business which had previously been conducted on the premises by the applicant herein, and for which type of business said buildings were constructed and are especially suited. 5. The premises here involved are located in a district zoned "B" Business District on the official zoning map of the To~ of Southold. 6. The use of said business buildings and the area adjacent thereto for the sale and service of farm machinery and equipment will not prevent the orderly and reasonable use of adjacent properties, or of properties in adjacent use districts, nor will it prevent the orderly and reasonable use of permitted or legally established uses in this district, or those in adjacent use districts. The safety, health, welfare, comfort, con- venience or order of the Town of Southold will not be adversely affected by the proposed use and its location, and the use will be in harmony with and promote the general purposes and intent of the Zoning Ordinance. ?. The use of said premises as a public garage for the sale and service of farm machinery and equipment will not be such as to create an undue increase of vehicular traffic congestion on adjoining highways, nor will this use produce any sewage or refuse problem, or any obnoxious gases, odors, smoke or soot, nor will the operation cause any disturbing emissions of electrical discharges, dust, light, vibration or noise. The area is of sufficient size to permit adequate off-street parking of all vehicles incidental to the prospective use, and said use will not cause any over- crowding of land or undue concentration of population. The premises are well removed and are not unreasonably near any church, school, theatre, recreational area or other place of public assembly. 8. Inasmuch as the business of the tenant is chiefly the sale and service of farm machinery and equipment, it is of vital importance that it start operations immediately because the farming season has already begun. WHEREFORE, it is respectfully requested that a Special Exception be granted immediately for the use of the premises for its intended purpose. !I]~ Pursuant to Section 26? of the Town Law and tfl~e provisione ~f the Amended Building Zone Ordinance o£ the Town of Southold, lSu£folk County, mew York, p~bli¢ hearings will beheld by the -~ ning Board of A,opeale of the ~owa o~ Eou~old0 at the Town r~Clerk Office, Main Road, Gout, hOld, t. lew York0 on April 20, 1961, ?~30 P.M, (E.G. To), upon application o~ E~gene Mazmaferro, :,m/cCatholicWar Veter~us0 ~ost NO. 730, Gzeenport, New York,' .for a variance iu accordance w£~h the.Zoning Or~inance, Axticle ~II0 Section 202, for permismlon to operate a temporary amusement enter~rise in an ~A" Rest/lential and AgriCUltural DistrAct. ILocation o~ property~ cast s~de Moore's Lane, Greenport, mew I~zk, boun~ed nort/~ by Village of Greenport MuniciPal Light Plant, ?east by A. ~/er--og~ Sr. and'Leo slcd~eski, south by an~ A. ~ermog, Jr'. 0 an~ west by Moore's Lane. ?~.45 P..M. (~.E.T.}, upon ap~licatic~ of Fanning & Housner, !209 ~shel Avenue, Riverhead, New York, for a spechal exception ~n accordance with the Zoning Ordinance, Article IV, Section 400, Subsection 9° for ~rmi~sion to use ~remise/~ as a public garage connection with the sale and service of farm machAnery and equipment. Location of property~ northeast corner of Railroad ;~venue and Middle Roa~ (COunty Route 272). Southoldo mew York, bounded north by Gagen, east by Gagcn, sou~hl~M~ddle Road (County Route 27A), and west byRailzoad Avenue. Page 2 - Legal notice 8:15 P.M. (E.$.T.)0 upon application o£ Fanning & Housner, 209 Fishel Avenue, Rlverhead. New York, for a variance In accord- 'ance w~t& the ~on~n9 ordinance, Article 1Vo Section 404 and 405, £or permission to reduce require~ front yard. LoCation of -prepert~ northeast CO=hem of Railroad Avenue and ~lid~le Road, ~](County Route 27A), eouthold, Ne~. York, bounded north by ~agen, east by Gagen, south byMlddle Road ( CountyRoute 27A), and il westby Railzoad Avenue. Any per son desiring .to be heard on the abov~ applications should appear at the time and placeabove speclfied~ DATED~ ~pril 6, 19~1, ~Y O=der of the Southold Town Board of Appeals. Copies ~.led to.the following on April 7, 1961: The Long Xsland Traveler~ttitueR ~$atckm~n The Suffolk TAmes Eagene ~azza£erro. a/c Catholic War VeteranS, Post No. Zsidore $cheinberg, a/c Fanning & ~ousne= 730