HomeMy WebLinkAbout1000-122.-6-33
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ATTORNEY AT L..AW ~1
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425 MAIN STREET
GREENPORT, NEW YORK 11944
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1975
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Phutp J. Ofrtas, Jr.. 1':8<1.
737 Roanoke Avenue
P. O. Box 482
Riverhead, New York 11901
Re: Harvey Bagshaw site plan approval by Planning Board
Dear 'V[r. Of ria a:
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I have examined the proposed document imposing a restriction on the
property which Mr. r~agshaw contemplates purchasing to the effect
that no portion of the front parking area should be used for the storage
of disabled vehicles.
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}\ s I advised you by telephone, I find the proposed document in proper
form. However. the instrument should not be executed or recorded
until such time as :\1r. Bagshaw acquires title to the property to be
affected by the covenant.
Yours very truly,
ROBERT \\'. TASKER
RWT:kc
cc: Planning Board
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COVENANT
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!i WHEREAS, HARVEY BAGSHAW, residing at D!eepbole Drive, [.1atti-
: tuck, New York, has applied to the Southold TO\Vll Plaruling Board
for site plan approval for a body shop, pursuant to Article XIII
'of the Zoning Code of the Town of Southold" and,
dated the
day of April, ,19f75
WHEREAS, at a regular meeting of the :outhold 'I'own PLlllninl';
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'Board, held on March 12, 1975,'it was reso ved to approve tbe
"'it' plan application, ,ubj,ct to rec,iPt f a co~nant by ,","-
vey Bagshaw t~at no disabled vehicles wi+lbe stored in the front
parking area, now,
THEREFQRE, in consideration of' the Planning Board of the
.Town of Southold, granting such site plan aI/prov.:J.l, Harvey llag-
. shaw hereby covenants and agrees with the ~lanning Board of the
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Town of Southold that no !,ortion of the front parking area shall
,be used for the storage of disabled vehicles.
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This Covenant shall affect and run with the parcel of lime!
I'hereinafter described and shall remain in full force and of'feet
for so long as said parcel is used for eitner a body repair shop
or any other use requiring site plan approtal under the Zoning
. '
Code of the Town of Southold. In no event shall this Covenant
continue in force beyond January 1, 1995.
SUBJECT PARCEL DESCRIBED AS POLLOI-IS:
(description)
IN ','/ITNESS WHEREOF, this instrument hts been duly executed
by Harvey Bagshaw on the date and year firr,t above written,
F'HILIP J. OFRLA9. Jrt.
I [KJTvTI;Y nAGTiH!1 Ii
ATTOnNLY AT '-AW
-;'37 nOANOKE: AVr:I',J<;:
RI\i,r,,"'CAO. NE:W YC>RK
(Acknowledgement)
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PHILIP .1. OFRIAR. .IR.
AT'TOH:SK\" AT LAW
737 ROANOKE AVJ<:Nt'E
p, o. BOX 482
T..:L..:PIIONJoJ: 51 0-7~7-:'HI4n
RIVERI-IEAD, NEW YORK 11VOl
April 3, 1975
Mr. Robert Tasker, Esq.
Main Street
Greenport, New York 11944
ffi~: Bagshaw Zoning Application
File No. x-4266
Dear Mr. Tasker:
Enclosed herewith please find proposed Covenan1j; which should
be satisfactory to the Town Planning Board, wi1j;h reference to
the above matter~ .
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copies to Mrs. Brush, Itogether with
you would please contlct her and get
or not the Covenant is satisfactory
I have forwarded several
a copy of this letter.
, I would appreciate it if
back to me as to whether
as to form and content.
As Harvey Bagshaw is presently in the process ~f purchasing
the premises subject to the necessary municipal approvals, it
would be my intention to have the Covenant recqrded simultane-
ously with the Deed. I
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Thank you very much.
Sincerely,
Philip J. Ofrias, Jr.
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Enclosure
cc: Mrs. Brush
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Maroh 18, 1975
Philip J. Ofrias, Jr., Esq.
Main Bayview Road
Southold, New York 11971
Rei Bagshaw a1 te plan
Dear Mr. Ofriul
At the regular meeting of the Southold Town
Planning Board held March 12, 1975 the following action
was taken.
,:;'~LVED to approve the site plan of the Bagshaw
property subject to screening required in the town
regulations, receipt of covenants in form acceptable
to the Planning Board and the Town Attorney and the
placement otllow ground covering shrubs around the
sign.
Yours truly,
Muriel Brush, Secretary
Southold Town Planning Board
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PHILIP J. OFRIAS. JR.
ATroRNEY AT LAW
TELEPHONE, 516.727.3646
737 ROANOKE A VENUE
P. O. BOX 482
RIVERHEAD. NEW YORK 11901
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February 28, 1975
Southold Town Planning Board
Main Road
Southold, New York 11971
RE: Harvey Bagshaw APPlication
File No. X-4165
Attention: Mrs. Brush:
With reference to the above captioned matter, I have enclosed
herewith the following for consideration by the Planning Board:
1. Five copies of Plot Plan, showing parking facilities,
landscapaing, building location, sign location, etc.
2. Three copies of architect's drawings, showing eleva-
tion views of proposed building.
The location of the well and cesspool will be in accordance
with the regulations of the Suffolk County Health Department
(which will de~end upon the location of cesspools on adjoin-
ing properties).
The only outside lighting cons~s of two colonial style lamps,
affixed to the front of the bUildhg as shown in the front ele-
vation view.
If there is any further information or submissions which you
require so as to enable me to obtain Planning Board approval
at the March 12, 1975 hearing, please call me. I will do my
utmost to get any additional material to you within twenty-
four hours after your request.
Thank you very much.
PJO:jg
Enclosures
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TEL. 765-2660
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y. 11971
Fe~urary 26, 1975
Southold Town Planning Board
Town Clerk's Office
Southold, J\. 't.
Gentlemen;
On
of Nain Road,
considered:
the site plan
Laurel, N. Y . ,
application of Harve~ Bagshaw, N/W side
I find the followinglitems should be
,
1. This is a single and seperate lot;
auto body shops, pUblic garages etc
plan approval etc.
It is in ~he B-1 zone where
are permi~ted use with site
2. ~he land is nearly level, so I forsee no unus~al drainage or
run-off water nroblems - the standard disposall plan for on premises
disposal of such water should be O.K.
3. There is adequate parking area on the lot, thils can be distributed
as you see fit - some in front and some in rea~ if you wish.
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~. Artificial lighting (floodlighting) should be bontained within
the property lines, no outlining the building ~s such, but sufficient
for the protection of the premises. i
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to be surfaces, Stoiw"is adequate if
placktop - anythingr~ubstanti~ and
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5. Driveway and parking areas
desired, or sand & oil, or
relatively dust free.
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6. There is no specific material required, and nOispecial type of
design required for the building. The State L bor Dept will have
to approve enterances and exits, and any equip ent used in the
building, this is not Ur: to the T'own. i
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7. Location of well and cesspools should be shownt and any schedule of
plantings, grassed areas, fencing etcshould be shown. The property
is sourrounded by business propertys so there 1ilJ have to be no
screening from a residential zone.
8. Property fronts on a public street, so there i~ no access problem,
any curbing, sidewalk etc is between the ovnlerand State Highway
Dept. - section 136 of High\Tay law, it would be in the bounds of
the highway and not our problem. '
9. Location of any ground sign and illumination o~ same should be
shown on the plot plan.
10. Upon final approval of the site plan a fee of $; 25.('0 will be due.
Yours truly ~~(. t'~ Building Inspector CCfOfrias, Atty.
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PETITION TO TIiE SOUTHOLD TO,,!N PLANNING SOARD
jmembers
ihOOd of
The undersigned, being residents,
of the electorate, in the immediate
property owners and
ahd adjoining neighbor-
the proposed construction of an AUTO 130DY & REPAIR SHOP,
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:to be located on the North side of Main Road,IRoute 25, opposite
~ray Avenue, Laurel, as a SPECIAL EXCEPTION t the ~oning regulatio s
iof SouthoJd Town, do hereby offer objection 0 same at the Board
pproval be denied for
.~eeting of August 26, 1974, and request that
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Ithe following reasons:
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1.
AUTO BODY SHOP is not a
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permitt1d
use by special ex-
ception of Public Garage in B-1 Business District
within 300 feet of a residence istrict - zoning code,
chapter 100, Art. VII - B4 - (f
3.
2. S.eh use violates the General P ovisions of the zonin:
plan in the interest of the pro~ectlon and promotion
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of the Public Health, Safety an~ Welfare of the com-
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munity for the: i
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a. privacy for families I
b. maximum protection of residen~ial areas
c. enhancement of the appearancelof the Town of South-
old as a whole i
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d. developement of land in such ~ way as to produce
the most appropriate use of l~nds...
The proposed use of an AUTO BODY I S;IOP is objected to,
further, on the grounds that at I'east (3) three iden-
tical or similar facilities are ocated in the vicinit ,
considered to be ample for locallneeds. Anyenlarge-
ment on same may lead to the adv1rtising and impcrtt-
tion of wrecked vehicles from otl:jer locali tL<'. there-
by creating undue hardship as f0110WS:
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a. noise during the regular business day, as well as
during evening hours on "make ready" repairs.
b. traffic congestion and tow truck noise to and f'rom
the proposed use constitutesi a nuisance at all
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hours in connection with the! removal of vehicles
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wrecked in highway accidents~ radio voice commun-
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icati'Jn and dispatch with ve~licles so engaged and
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depositing disabled vehicles~ particularly in the
still of the night, disturbs I the entire neighbor-
hood adjoining the repair de~ot.
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c. emanation of paint, laccuer and spray odors in the
use of volatile liquids.
4. The fact that the geographical 1rea , North of' Route
25 and South of the Long IslandlRailroad tracks is
zoned B 1 - General Business, w~th a residential Dis-
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trict South of Route 25, and In~ustrial zoning North
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of the railroad tracks dOllS not lallow a buffer l;one
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of LighD Business wherein the e~isting "retail ribbon
can gain protection from "speciall exception" intrusio .
It is further requested that thel Planning Board ex-
amine same with a view of preser~ing the light busines
commerce now in operation.
Dated: Laurel, New York
August 22, 1974
Address
Telephone If
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OBJECTIONS TO PROPOSBD
A_UTO BODY SHOP
Main Road (opp. Bray Avenue)
Laurel, New York
Petition to the Southold Town
Planning Board
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ANDREW E. GOODALE
ATTORNEY AT LAW
-- . --..... ....::::.._-
NEW SUFFOLK N.Y
,.!511l_- I"E4 - 5a 7 ci
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August 2 , 1974
Mr. Andrew E. Goodale
4th Street
New Suffolk, N. Y. 11946
Dear Mr. Goodale:
Re: Action .19331 - August 1
Harvey Bags~w
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The Board and counsel cons1dered YOu~ request for
a rehearing on Action No. 1933 of August , 1974, on
application of Harvey Bagshaw, and reject d the
suggestion to hold a rehearing.
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The Board feels that Action No. 1933 Iwill not
substantially alteD the character of the neighborhOOd,
and that a fair public hearing waS held. .
Yours very
RWG:lIUU
Robert w.,Gi lispie, Jr.
Chairman .
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Southold Town Board of Appeals
5DUTHDLD, L. I., N. y. 119"71
APPEAL BOARD
MEMBER
Robert W. Gillispie, Jr., Chdirmdn
Robert Bergen
Chdrles Grigonis, Jr.
Serge Doyen, Jr.
Fred Hulse, Jr.
Telephone 765-2660
August ~, 1974
Mr. John Wickham, Chairman
Southold Town Planning Board
Main Road
Southold, New York 11971
Dear Mr. Wickham:
On August 1st a public hearing was he
Harvey Bagshaw, Deep Hole Drive, Mattituck
at which time the Southold Town Board of A
permission to applicant to build and opera
body repair shop with reduced side yard on
of Main Road, Laurel School District #11,
Office, as applied for, subject to the fol
1.
Entrance and exit driveways shall
restricted width of not less than
not more than 30 feet and shall b
less than 10 feet from any proper
shall be so laid out as to avoid
of any vehicle backing out across
right of way.
d for
New York,
peals GRANTED
e an automobile
the north side
attituck Post
owing conditions:
have an un-
12 feet and
located not
y line, and
he necessity
any public
2. Vehicle lifts or pits, dismantled automobiles and
all parts or supplies, shall be 1 cated within a
building.
3. All service or repair of motor ve icles, other
than such minor servicing as chan e of tires or
sale of gasoline or oil, shall be conducted in a
building.
The storage of gasoline or flamma
shall be located fully undergroun
than 35 feet from any property Ii
the street line. i
No gasoline or fuel pumps or tank~ shall be located
less than 15 feet from any streetlor property line.
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4.
5.
Ie oils in bulk
and not less
e other than
'-1
.
.
Mr. John Wickham
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August 5, 1974
10.
:mm
6.
No motor vehicle sales, used car l~ts, gasoline
service or repair shops or similarrbusinesses are
to be located within three hundred[(300) feet of
a church, public school, library, ~ospital, or-
phanage or a rest home nor within joo feet of
any residence district.
The building shall be located no c~oser than
35 feet to the front property line Ion Main Road.
The building shall be located no closer than
25 feet to the easterly side line. I
The building shall be located no ct'oser than
10 feet to the westerly side line.
This approval of the Board of APpe~ls shall be
subject to site plan approval of t e Planning
Board.
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7.
8.
9.
Yours very trul
~u~ ' ~=r
Mar]or1e McDerm tt, Secretary
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.IT
Pg. 5 - Harvey Bagshaw
August 1" 1974
On motion by Mr. Bergen, seconded by Mr. Hulse, it was
RESOLVED, Harvey Bagshaw, Deep Hole Drive; Mattituck,
New York, be GRANTED permission to build and o~erate an
automobi~e body repair shop with reduced side ard on the
north side of Main Road, Laurel School Distric #11,
Mattituck Post Office, as applied for, subject ,to the
following conditions:
,
Under Article VII B-1 General Business D'strict
1. Entrance and exit driveways shall hav an unrestricted
width of not less than 12 feet and n t more than 30
feet and shall be located not less th n 10 feet from
any property line, and shall be so la'd out as to avoid
the necessity of any vehicle backing ut across any
public right of way.
3.
All service or repair of motor vehicle
such minor servicing as change of tire
gasoline or oil, shall be conducted in
2. Vehicle lifts or pits, dismantled auto obiles and all
parts or supplies shall be located wit in a building.
, other than
or sale of
a building.
4. The storage of gasoline or flammable o'ls in bulk
shall be located fully underground and not less than
35 feet from any property line other t an the street
line.
5. No gasoline or fuel pumps or tanks sha 1 be located
less than 15 feet from any street or p operty line.
6. No motor vehicle sales, used car lots, gasoline
service or repair shops or similar bu inesses are
to be located within thre hundred (300) feet of a
church, public school, library, hospit 1, orphanage
or a rest home nor within 300 feet of ny residence
district.
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7. The building shall be located no close than 35 feet
to the front property line on Main Roa
8. The building shall be no closer than 25 feet to the
easterly side line.
9.
The building shall be no closer than 10 feet to the
westerly side line. I
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This approval of the Board of Appeals shall be subject
to site plan approval of the Planning B~ard.
10.
Vote of the Board:
Grigonis, Hulse.
Ayes:- Messrs: GilliSPit, Bergen,
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t UNAUrHC'":L~':I"AOUJr'rON OR ADDITION
,TO THIS SU;"'h. ''-' /\ ':i:':'I_AnON OF
:SECTlON 7209 OF Thf I', ' , ,"
:EDUCATrON LAW. "", r ,c. STATE
LCH~PIES, OF THIS SURVEY MAP NOT ;',An.JN(j
-i' ~ LA'.D SL't:\!tYOR'S iNKED S~A. ;
~MBOSSfD SEAL ~hAlL NOT BE CON~Ji.!t;;to
; 0 BE A VALID TRUE COpy,
GUARANTEES INDICATED HEREON SHALL RUN
4)NLY TO THE PERSON fOR W ;,-ic'J~VEY
IS PREPARED, A' c''),'' "'-~ r~' . ;.. J ~ ',.;: '
~rnE COf."'/"-
l.!:,',G': ,~ I " .":iAL AGENCY AND
, ~,.r "--'.. .'<-;cON AND
10_ THE ASSIGNEES Of THE UNDiNli ;NST/_
fU"::>'1 r.UARANTfF.S
rt, A:.. ", ARE W:'JT r~ANSFERAaLE
OWNEII.S. ...~, -, .-... 1.Jj{ ;,uBSEQUENT
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ELEVATION k,
RIGHT SIDE ELEVATION � aI
a
I ,
r�
IIII
I