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HomeMy WebLinkAbout2420 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~/'c~d D^TE ........ Tf'TH'E zONING BOARD O~"APPE, A[-S q:OWN ~)F'~OLi~'HOLD N.Y. "' 1, (We) Matt-A,Mar Ina ..... . - ~ Wickham Avenue, Mattitu.q.k.~. N.Y. ................................................ ; .......... ;....Or ......................................................................... .~ , . Nome' 9f- --"Appello~t -- · . .,: ;~ Street and"-Number- ............ ~~~~~.~~M`.R[~;i~t~g~.~~.~~~~~.~~.~~~~~.~~.i~~~~i~~.i~~~~.~~~~`~ ...... : .......;.BIe~..Y.Q:k...HEREBY APPEAL TO · . r Municipality-' State · : ' THE~ZONING BOARD OF APPEALS FROM,THE:.DECISION-OF THE~ BULLDING INSPEC]'OR ON APPLICATION FOR PERMIT' NO DATED ".~.~..~.,~ ~./~ /;,~..Z~' WHEREBY THE BUILDING INSPECTOR DENIED TO (X) ( ) (X) VARIANCE Matt-A-Mar, Inc. Name of Applicant for permit of Wickhara Ave. ............................................................ M( ........................ ...... Street and Number Municipality State PERMIT TO USE premises for retail sale of boats PERMIT FOR OCCUPANCY LOCATION' ~DF THE PROPERTY ..V[.L¢.lr, h~q.~.~.e.,2V~[t[~tlD]~.i~...-..1..il ............. ;,.....' ................. ~ '_. ' ~': c-~, ~_ Street - · :~ Use District on Zonina MaD Map 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 Do not quote the Ordinance.) Article 7 Section 100-70 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map (~ '~,~,c VARiANCE~due to qadk~of acc'~ss (Stbte of New York Town LaW Chap. 62 Cons. Laws 4. PREVIOUS APPEAL A previous appeal JL3g~) (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 '"'t; ................................................................ REASO~ taR: APPEAL, : .%c ~ A Vgriance to Section 280A Subsection 3 A Variance' to the Zoning'Ordinance ~s requested for the reason that Fanta 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 Board has granted a variance to the applicant to store boats. Applicant seeks to construct a storage building for the storage of boats in what is technically the front yard. The applicant's property is sd~rb~dded by ]~Iattitu~k ~reek on all sides exc'~pt the east side which fronts on Wickham Avenue. The proposed storage building would be set back at least 7~5 feet from l~attituck Creek and at least 1~00 feet from Wickham Avenue. Due to the fact that there are other buildings on the applicant's property the proposed location of the storage building would be the most convenient and servicable for the storage of boats on the applicant's proper ry. 2. The hardship created is UNIQUE and is not shared by all properties alike in the irnrnediq,~e vicinity of this property and in this use district because although the proposed storage building wouid~ tech~m',cally be_in the ~frqnt yard, thereby necessitating this variance appl/ca~ion, it ~vbuld be s~k back at least 100 feet from Wickham Avenue. 3. The Variance would_observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the Board has precariously granted a ~ariance to store boats and the proposed location of the storage building would be atlleast 100 feet~ from Wickham Avenue and would not change the character of the neighborhood. STATE OF NEW YORK ) ) COUNTY OF Suffolk ) SS Sworn to this .............. .5..t..h. .......................... day of ....... ~V[jgy. ........................................ 1978 Notary Public, State of New York No. 52-0830410 Qualified in SufloJk County · ' 'r-r.-. Exa~'es Marqh 30, 197~ / width and area. Location of property: Lots No. Map No. 3864, Stars Manor, East Marion, New York. 17 and 18 on 8:20 P.M. (D.S.T.) upon application of Robert Heins, c/o Frederick J. Tedeschi, Esq., 403 Main Street, Greenport, New York, for a special exception to the Zoning Ordinance, Article III, Section 100-30 B(1) for permission to convert existing one-family dwelling into a two-family dwelling. Location of property: Knapp Place, Greenport, New York, bounded on the north by Knapp Place, east by Clarence Begley; south by M. Straussner; and west by Main Street. 8:35 P.M. (D.S.T.) upon application of Drossos Restaurant, Route 25, Greenport, New York, for a Special Exception to the Zoning Ordinance, Article III, Section 30 C 6(f) for permission to erect off premises sign. Location of property: West side of Albertson Lane, Greenport, New York, bounded on the north by County Road 27; east by Albertson Lane; south by Colony Road; and west by Shorecrest Subdivison. 8:45 P.M. (D.S.T.) upon application of Bayview Resort, Inc. Eayview Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 A to construct a five (5) foot fence in the front yard. Location of Property: Bayview Road, Southold, New York, bounded on the north by Main Bayview Road; east by Victoria; south by Corey Creek; and west by Young and Koke. ~ 8:55 P.M. (D.S.T.) upon application Matt-A-Mar Marina, Inc. c/o Gary F. Olsen, Esq. Main Road, Mattituck, New York, foar a variance in accordance with ~he Zoning Ordinance, Article VII, Section 100-70 and Bulk and Parking Schedule for permission to sell retail boats. Location of property: . Wicham AVenue, Mattituc] bounded on the north by Baker; east by Wickham Avenue; south by Mattituck Creek; and west by Mattituck Creek. 9:05 P.M. (D.S.T~) upon application Matt-A-Mar Marina, Inc. c/o Gary F. Olsen, Esq., Main Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article VII, !i Section 100-70 and Bulk and Parking Schedule for permission to construct a boat storage building. Location of property: Avenue, Mattituck, New York, bounded on the north by Baker east by Wickham AVenue; '~ west by Mattituck Creek. !!Dated: May 15, 1978 south by Mattituck Creek; and BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, MAY 18, 1978, AND FORWARD NINE (9) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS MAIN ROAD, SOUTHOLD, NEW YORK PRIOR~ THE MAY 25, 1978, MEETING. Copies mailed to the following on May 15, 1978: John and' Avis Zazecki George C. Stankevich a/c Robert Kowalski William C. Rose Frederick J. Tedeschi a/c Zan Diakos Frederick J. Tedeschi /c Robert Heins Drossos Restaurant Bayview Resort, Inc. Matt~A-Mar Marina, Inc. L~GAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and 4he provisi.O~s of the Amended .B..u~ Zone Ordinance of ~ Town of Scufhold, New ~.or.k: public hearings will be ~a oy the Zonin~Bo~ud ppems at the Town Hall, Main Ra~d, Sonth0M;'-NeW York, on 'l'tl_ursda. y' May 25, v:ao I~.,~.. (D.S.T.) applieati0ig"~ Jal'm and Avis Zazecki, Sunset .~'ay, Sonthold;*New ¥~t'k7~ a shed in the front Way, Seuthuld, N~w No. 1~ on Map 90.'w Beach Park. :~ ';~ application bf Robert Kowalski, Pine~Neck ~ Southold, New York, ak for Stefania Zaz~ki, (George C. Stankevich, Attorney) for a variance in accordance with ~ Zaning Ordigance~ Article , Section 100-31 al~d Btt~ Schedule for mrmiiion divide prope~;ty ~i~lth in- sufficient road f~Onta6.e. Location of prnpert~: Pine Neck Road, Seuthold, New York, bounded on the'horth by Ulrich and Lademan; east by Smith; south by Pine Neck Road; and west by Smith and Trance. 7:50 P.M. (D.S.T.) upon application of William C. Rose, 39565 Main Road, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 A to con- struct a five (5) foot fence in the front yard. Location of property: Main Road, Orient, New York, bounded on the north by Orient Realty; east by William Rose; south by Main Read; and west by DuvalL 8:05 P.M. (D.S.T.) upon application of Zan Diakos, c-o Frederick J. Tedeschi, Esq., 403 Main Street, Greenport, · New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Section 100-31 and Bulk and Parking Schedule for permission to divide property with insufficient width and area. Location of property: Lots No. 17 and 18 on Map No. 3864, Stars Manor, East Marion, New York. 8:20 P.M. (D.S.T.) upon application of Robert Heins, c- o Frederick J. Tedeschi, Esq., 403 Main Street, Greenpert, New York, for a special ex- ception to the Zoning Or- dinance, Article III, Section 100-30 B(1) for permission to convert existing one-family dwelling into a two-family dwelling. Location of property: Knapp Place, Greenport, New York, bounded on the north by Knapp Place, east by Clarence Begley; south by M. Straussner; and west by Main Street. 8:35 P.M. (D.S.T.) upon application of Drnssos Restaurant, Route 25, Greenpert, New York, for a Special Exception to the Zoning Ordinance, Article III, Section 30 C 6(f) for per- mission to erect off premises sign. Location of property: _. _W. qs.t.sjd~ 9~ ..~lhe~'tsea Lane~ Greenpurt, New York, boanded on the north by County Road 27; east by Albertson Lane; south by Colony Road; and west by Shorncrest Subdivision. 8:45 P.M. (D.S.T.) upon application of Bayview Resort, Inc. Bayview Road, Suuthold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 A to con- struct a five (5) foot fence in the front yard. Location of property: Bayview Road, Suuthold, New York, bounded on the north by Main Bayview O~ad; east by Victoria; south ~orey Creek; and west by 'rog and Koke. ~i~55 P.M. (D.S.T.) upon lication Matt-A-Mar rina, Inc. c-o Gary F. Olsen, Esq. Main Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 10070 and Bulk and Parking Schedule fo~ permission to sell retail boats Location of property Wickham Avenue, Mattitock bounded on the north bl Baker; east by Wickharr Avenue; south by Mattituck Creek; and west by Mattituck Creek. Avenue, Mattitocl~, Oounaea on the north by Baker; east by Wickham Avenue; south by Mattituck Creek; and west by Mattituck Creek. 9:06 P.M. (D.&T.) upon j application Matt-A-Mar Marina, Inc. c-o Gary F. Olsen, Esq., Main Road, Mattituck New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 and Bulk and Paridng Schedule for permission to construct a boat storage building. Location of ~iroperty: Wickham Avenue, attituck, New York, bounded on the north by Baker; east by Wickham Avenue; south by Mattitock Creek; and west by Mattituck Creek. Dated: May 15, 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TM18-29~ 'OLK, 1 ~ ss: k~ORK, j .O.N. .................. being duly Sworn. is Printer and Publisher o! lhe SUFFOLK newspaper published ~rt Greenport, in said ~e notice, of which the annexed is ~ printed blished in the said Suffolk Weekly Times ~or ..... .O.N..a .................. weeks ~encing on tile . .EIGI-1TF..a~.Tlt ........... .... ......... i. ............ { I~ANCY R. DOUGI,A~ NOTAHY PUBLIC, State oi N~w Todz Residing in Suffolk County Clks. No. $2-608~5 Commission E~'~ ~ ~L 1~~ Southold, New York, foe a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 A to con- struct a five (5) foot fence in the front yard. Location of property: Bayview Road, Southold, New York, bounded on the north by Main Bayview Road; east by Victoria; south by Corey Creek; and west by Young and Koke. 8:55 P.M. (D.S.T.) upon application Matt-A-Mar Marina, Inc. c-o Gary F. Olsen, Esq. Main Road, Mattituck, New York, for a variance in accordance with the Znning Ordinance, Article VII, Section 100-70 and Bulk and Parking Schedule for permission to sell retail boats Location of property: Wick.ham Avenue, Mattituck, bounded on the north by Baker; east by Wickham Avenue; south by Mattituck Creek; and west by Mattituck Creek. 9:05 P.M. (D.S.T.) upon ,application Matt-A-Mar Marina, Inc. c-o Gary F. Olsen, Esq., Main Road,' Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 and Bulk and Parking Schedule for permission to construct a boat storage building. Location of property: Wickham Avenue, ~Iattituck, New York, ~ounded on the north by Baker; east by Wickham ~.venue; south by Mattituck 2reek; and west by Mattituck 2reek. Dated: May 15, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TM25-2993 application of Robert Heins, c/o Frederick J. Tedeschi, Esq., 403 Main Street, Green- port, New York, for a special exception to the Zoning Ordi- nance, Article III, Section 100- 30B(1) for permission to con- vert existing one-family dwell- ing into a two-family dwelling. Location of property: Knapp Place, Greenport, New York, bounded on the north by Knapp Place; east by Clarence Begley; south by M. Strauss- ner; and west by Main Street. 8:35 p.m. (D.S.T.) upon application of Drossos Res- taurant, Route 25, Greenport, New York, for a Special Excep- tion to the Zoning Ordinance, Article III, Section 30 C 6(f} for permission to erect off premises sign. Location of property: West side of Albert- son Lane, Greenport, New York, bounded on the north by County Road 27; east by Albertson Lane; south by Colony Road; and west by Shorecrest Subdivision. 8:4S p.m. (D.S.T.) upon application of Bayview Resort, Inc., Bayview Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III. Section 100-3S A to construct a five (S) foot fence in the front yard. Location of property: Bayview Road, Southold, New York bounded on the north by Main Bayview Road; east by Vic- toria; south by Corey Creek; and west by Young and Koke. 8:SS p.m. (D.S.T.) upon application Matt-A-Mar Ma- rina, Inc. c/o Gary F. OIsen, Esq., Main Road. Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 and Bulk and Parking Schedule for permission to sell retail boats. Location of pro- perty: Wi~kham Avenue, .M.at- tuck, bounded on the north b3 Baker; east by Wickharr Avenue; south by Mattituck; Creek; and west by Mattitucl Creek. ?:0S ~m~.~D.S.T~0 ~upon Iapplication Matt-A-Mar Ma- I rina, Inc. c/o Gary F. Olsen, Esq., Main Road, Mattituck, Ne,~ York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 and Bulk and Parking Schedule for permission to construct a boat storage build- ing. Location of property: Wickham Avenue, Mattituck New York. bounded on the north by Baker; east by Wick- ham Avenue; south by Matti- tuck Creek; and west by Mattituck Creek. Dated: May 1S, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1T,S/2S (492) C O TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~P~/'~¢~ TO THE ZONING, BOARD OF APPEALS, TOWN OF sOUTHoLD, N. Y. Matt-A-Mar Inc._ · , Wickharn Avenue, Mattitu.c.~, N.Y. 1, (We) .................................................................. or .......................................................................... Name of Appella,nt Street and Number Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BULLDING iNSPEC]'OR ON APPLICATION FOR PERMIT NO DATED .~.~..~.,~/~/ /~'~ /. ~..Zf WHEREBY THE BUILDING INSPECTOR DENIED TO (x) ( ) Matt-A-Mar, Inc. Name of Applicant for permit of Wickham Ave. ............................................................ ........................ ...... Street and Number Municipality State PERMIT TO USE ~,~ ...... PERMIT FOR OCCUPANCY (X) VARIANCE 1. LOCATION OF THE PROPERTy ..W.[¢.kh~'k.~..v.e.,~/Ls, ktJ.thc~i..~...-..1. ........................................ Street Use District on Zoning Map Map 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 Ordinance.) Article 7 Section 100-70 3. TYPE OF APPEAL Appeal is made herewith for (~) 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 JL3~) (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 V~oriance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ~s requested for the reason that ~'orm ZB1 (Continue on other side) REASON FOR APPEAL O Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because this Board has granted a variance to the applicant to store boats. Applicant seeks to construct a storage building for the storage of boats in what is technically the front yard. The applicant's property is surrounded~by MattitUCk Creek on all sides exc'~pt the east side which fronts on Wickham Avenue. The proposed storage building would be set back at least 75' feet from 1V[attituck Creek and at least l:O0 feet from Wickham Avenue. Due to the fact that there are other buildings on the applicant's property the proposed location of the storage building would be the most convenient and servicable for the storage of boats on the applicant's 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 although the proposed storage building would tech~ni~cally be in the front yard, thereby necessitating this vaxiance application' it ~vould be set back at least 100 feet from Wickham Avenue. 3. The Variance would _observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the Board has p~iously granted a variance to store boats and the proposed location of the storage building would be atlleast 100 feet from Wickham Avenue and would not change the character of the neighborhood. STATE OF NEW YORK ) ) ss COUNTY OF Suffolk ) Gary F~nne.' I Olsen, Esq. ~ tto~,de.v fo ~pplican~, Sworn to this .............. .5..~.~. .......................... day of ....... ~/[.~.,,~ ........................................ 19'/8 ................... z Nolary Public, State of New ¥orJc No. 52- O830410 Qualified in Su[folk County v"r,~ Exo;t~es March 30, 197~J / · .SOUT~O~D TOWN BOARD OF APPEALS -28- June 1, 1978 MR. BERGEN: Frank, you could probably make yourself quite a few friends in the area if you would put a layer of oil on your dirt road. MR. NOYAC: I did not realize it was such a problem. After investigation and inspection, the Board finds that the applicant requests permission for the retail sale of boats on his premises. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of the neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. . On motion by Mr. Gillispie, seconded by Mr.Bergen, it was resolved that Matt-A-Mar Marina, Inc.', c/o Gary Olsen, Esq. Main Road, Mattituck, New York, be GRANTED ~permission to sell used or new boats upon the condition that there not be stored for resale any new boats in excess · boats ~-~one time. of 50 feet, and no more than 15 be in the water. Vote of the Board: Ayes: Messrs: Gillispie, and Doyen. The used boats will Bergen, Grigonis, PUBLIC HEARING: Appeal No. 2420. - upon application of Matt-A- Mar Marina, Inc., c/o Gary F. Olsen, Esq., Main Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article VII Section 100-70 and Bulk and Parking Schedule for permission to construct a boat storage building. Location of property: Wicham Avenue, Mattituck, New'York, bounded on the north by Baker; east by Wickham Avenue; south by Mattituck Creek; and west by Mattituck Creek. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publicatior in the official newspapers, and disapproval from the Building Inspector. The Chairman also read a statement from the Town Clark that notification by certified mail had been made to: Walter Williams and Vina Baker. Fee paid: 15.00. THE CHAIRMAN: The application is accompanied by a sketch of the premises identical to the application just heard. This application iD is to construct a storage building in the front~ard area. You thought you could construct a building? MR. NOYAC: That was my impression from speaking with the Building Inspector. TIE CHAIRMAN: Under C-Light Industrial, Item 16: Boat buildings, boat serving, boat storage facilities. That is what we are talking about. SOU~HOLD TOWN BOARD OF APPEALS -29- June 1, 1978 Your oPeration is not in the C Light District. This was denied to the Strong Marina on the other side of Mattituck. It was appealed to the Appeallate Division, ~hey upheld us, so we have clear authority. MR. NOYAC: I was not under that impression. The original zoning on the property allowed all of this. THE CHAIRMA~N: It doesn't matter what you thought, or I thought. MR. NOYAC: This is why we applied for the front yard variance. THE CHAIR~L~N: Its irrelevant. Because you would not be permitted_ to store boats in a building. You may withdraw it if you wish. MR. OLSEN: There has been some misunderstanding when we were talking to the Building Inspector. I would recommend to my client that he withdraw his application at this time until we can clarify things, without prejudice. MR. NOYAC: I will go along with that. THE CHAIRMAN: I do not think it has anything to do-with storing boats in the front yard. RESOLVED, Matt-A-Marr Marina, I~c., Appeal No. 2420 be withdrawn, 'without prejudice. VOTE of the Board: and Doyen. Ayes: Messrs: Gillispie, Bergen, Grigonis, After the Board had voted, the following occurred when neighbors of Mr. Noyac's came back into the hearing room. MRS. DELAHANTE: You realize that in a couple of months they are going to beack here and start this all over again in the hopes that no one shows to protest. I am wise to the way he operates. MR. GRIGONIS: He will have to have a Change of Zone before he can put up a building. THE CHAIRMAN: Frequently we are 100% against a crows. Sometimes we are 100% with the crowd. Whether you people are with us or against us has no bearing on our decisions. This is not a play for money. M~S. DELAHANTE: This has nothing to do wit~ politics, Sir. It has something to do with being a Taxpayer of the ToWS'of Southold. THE CHAIRMAN: It also has to do with law. Wh~t. people are permitted to do. We are just amateurs. We are guided by professional people. MRS. DELAHANTE: Seventeen years ago that was a rooming house. A marina should never have been established in a residential area. THE CHAIRMAN: You are looking back 17 years. SOUTHOLD TOWN BOARD OF APPEALS -30- June 1, 1978 MRS. DELAHANTE: Yes, but do you see what is happening? One variance leads to another variance, to another. Business is not everything. Money is not everything. People's rights mean alot. Money and business is not everything~ I do not think the individual taxpayer is considere~i~' by this Board. MR. HARVEY: Is it possible we can appeal? MRS. DELAI~NTE: Yes, we want to appeal. THE CHAIRMAN: I do not know what you are appealing. You can appeal within 30 days of this decision. MR. HARVEY: We want to get some legal advice to see what we can do. MRS.DELAHANTE: If you want signatures, I can get you 100 signatures. THE CHAIRMAN: Signatures have nothing to do with it. You have to be right or wrong legally. Increasingly law in this country is made by the Judges, not by the legislative authorities. What a Judge says is legal, is legal. That's it. MRS. ~ELAHANTE: I would like to add that my husband"is directly responsible for stopping the Strong Marina. He ..... THE CHAIRMAN: Have you looked at the Strong Marina, it does not look as though he stopped it. MRS. DELAHANTE: He stopped them from putting it in a residential ~ area like he wanted to. If you go back over the whole thing. These people want me to speak for them because they are not eloquent. I am eloquent. THE C}~IRMAN: Tha operation started with 3 or 4 row boats. It progressed to its present situation. MRS. DELAHANTE: What I do not like is that I do not feel that the people's wishes of the Town of Southold are being considered. THE CHAIRMAN: I frequently feel the same way. MRS~ DELAHANTE: Business, Business, Money, Money, Money. This man is going to make alot·of money for this To%~. What about the people on the creek who want unpolluted waters? The Beauty? That thing is going to be an eyesore, no matter what he says. It is going to be an eyesore. THE CHAIRFLAN: He was just denied effectively an industrial building. He has been told he cannot do it. MRS. DELAHANTE: You let his lawyer lead you out of'10.boats into 15 boats. THE CHAIRMAN: That has very little to do with a 9 acre parcel. It doesn't matter if you have 10 boats or 15. SOU~/H~LD'TO?~ BOARD OF APPEALS -31- June 1, 1978 MRS. DELAHANTE: Nine acres is not that much, sir. It really isn'!t. When you fill it full of g~rbage and boats. Have you really gone down there and looked at what he is doing? THE CHAIRMAN: Twice. MRS, DELAHANTE: I wish the Board would go down and see. THE CHAIR~N: We have been down there twice. That is part of our job, Mrs. Delahante. MRS. DELAHANTE: He is stealing the entire creek from the tax payers. That is what he is doing. .. THE CHAIRMAN: You are talking to the wrong people if you think Ghat he is stealing land over ther. You should be talking to the Trustees or the Department of Environmental Control. MRS. DELAHANTE: Other people have poles out into the water. You cannot walk on the beach anymore. You have to go over somebody's bulkhead to get on the other side. _~- MR. GRIGONIS: We do not have the right to tell anyone what to do with their land. MRS. DELAHANTE: People of the Town should be able to walk along the beach without climbing over someone's bulkhead. MR. GRIGONIS: You have to go to the Town Board and Trustees. They are t! ~nly ones who can help you on this. MRS. DELAHANTE: It just sounds as though it is passing the buck around here. I would like to feel that the Board is really concerned with the feelings of the people, not big business. I mean it. We care about this creek. We don't want it full of garbage and boats. These people come over here and leave. They don't care what happens. They don't care there is junk washing up on our beaches. They don't care we can't go swimming among their garbage. THE CHAIRMAN: Many people wanted the marinas. MRS. DELAHANTE: Business people. Business. THE CHAIRMAN: Zoning is to accommodate as neighbors, business, agricul- ture and summer residents and year round resident~2' Sometimes whoever was here first, the agriculturists, are regarded with the most disfavor. They create dust. MRS. DELAHANTE: I am not allergic to dust. That does ~o~ bother me. THE CHAIR~N:'~ The Planning experts from Albany last year decreed that all farm roads shall be black topped. I do not know how much that would cost, but whoever tried to put that over was totally uninformed. I think if you want to complain about the creek and what is going on there, you shou talk to the Trustees. MRS. DELAHANTE: I 'am too an artist. I am concerned with the ~SOUTHOLD TOWN BOARD OF APPEALS -32- June 1, 1978 aesthetic appearances. That is a beautiful creek. It is an asset to the Town of Southold. It should be kept beautiful. It shouldn't be paved with wood, paved with docks. Much of our wildlife has already disappeared because of the bulkheadin- which kills all of the breeding ~'~ places for the fish. All this garbage is killing off the marine life. Doesn't anybody care? Everything is just money, money, money, business, business, business. I am very disappointed in this whole thing. Nobody cares about the tax payer. Just keep paying the taxes, but don't expect anything in return for it. An informal discussion with William Smith, Realtor was held on behalf of Walter courts and John DeAlbertis regarding Dr. Rose's old dentist office building. They have engaged Sacco and Ahlers as builders, and they would request a side yard variance. On motion of Mr. Grigonis, seconded by Mr. Doyen, there were e~.ght ~8[ Sign Renewals reviewed and approved as submitted. On motion by Mr. Gillispie, seconded by Mr. Grigonis it was RESOLVED that the Southold Town Board of Appeals approve minutes dated May 4, 1978. On motion by Mr. Gillispie, seconded by Mr. Bergen it was RESOLVED that the Southold Town Board of Appeals approve minute~ dated May 12, 1978. On motion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED that the next meeting of the Southold Town Board of Appeals will be held at 7:30 P.M. (D.S.T.), Thursday, June 15, 1978, at the Town Hall, Main Road, Southol~/ New York On motion by Mr. Grigonis, seconded by Mr. Doyen, it was TESOLVED that the Board of Appeals set 7:3~' P.M. (D.S.T.) Thursday, June 15, 1978, Town Hall, Main Road, Southold, New York, as time and place for hearing upon application of J. C. Cornell' Construction Corp. 935 Watersview Drive, Southold, New York for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 for-permission to construct a new business building with a dwelling above. Location of proper~y: County Road (Route 27), Peconic, New York. TOWN CLERK 765-3783 Building Dept. Planning Bal. 765-2660 Board of Appeals TOWN OF SOUTHOLI) TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the ..... BOa,Z:d. of. ~lkppe~l. ls ............. of the town of ..... Sou:thold ................ (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ................ New and recodified zoning ordinance ................ Amendment to the zoning ordinance ................ Zoning changes ................ Special permits ...~, ......... Variances Matt-A-Ma~Marina, Inc. Wickham Avenue Mattituck, New York 11952 Appeal No. 2420 Location of affected land: ...~ickb~m..Av~n~e ~../4~ttitu=k.,...N~w...Yor~ .................................... within 500 feet of: (check one or more) ....~ ......... Town or village boundary line, or shore line ................ State or county road, parkway or expressway ................ State or county park or recreation area ...~ ......... ~ream or drainage channel owned by the county or for which the county has established channel lin~. ................ ~ate or county owned parcel on which a public building is situa~d Commen~: Applicant withdrew application without prejudice for permission to construct a storage shed in the applicant's front yard area. (s/g, ed) Robert W. Gillispie, Jr. .............. .C..h..a.. J, .............................................. Title Date received by Suffolk County Planning Commission .................................................................................... File No ................................. TOWN CLERK 765-3783 Building Dept. Planning Sd. 765-~L~,x Board of Appeals 1802 TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the .... BOa~l;d · O~..A~pp~l · .............. of the town of.. ,,~OUt,.tlO].Cl .................. (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ................ New and recodified zoning ordinance Matt-A-Mar Marina Wtckham Avenue ................ Amendment to the zoning ordinance Mattituck ,New York ................ Zoning changes ................ Special permits ....... ~ ...... Variances Location of affected land: ~L(~ATP,..~.eX),I~.~.,...~!L~.f~.~I,1.~.~..N~..~.....~.~. ........ within 500 feet of: (check one or more) ................ Town or village boundary line, or shore line ....... ,,X, ...... State or county road, parkway or expressway ................ State or county park or recreation area ....... X ...... Stream or drainage channel owned by the county or for which the county has established channel lines, ................ State or county owned parcel on which a public building is situated Comments: Date:....b~. ~....~.6. ,.... 1 ~..7..~ ................ (signed) 7'/t/e Date received by Suffolk County Planning Commission ................................ .................................................... File No ................................. O JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 May 8, 1978 To: Southold Town Zoning Board of Appeals From: Judith T. Terry , Town Clerk Transmitted h~rewith is Appeal No. 2420, application of Matt-A-Mar, Inc. for a variance. Notification to the following adjoining property owners is also included: Walter Williams & Vina Baker. GARY FLANNER OLSEN COUNSELLOR AT LAW P. O. BOX 38 · MAiN ROAD · MATTITUCK. LONG ISLAND, NEW YORK 1t952 · PRONE 516 298-4844 1Vi~ay 5, 1978 Re: MATT-A- MAR MAR.., INC. File # 2331 Gentlemen: Enclosed herewith please find two Applications in re the above matter; one for a front yard Variance and the other for per- mission to sell retail boats along with the filing fee of $30.00. I am also enclosing the original Notice Served on adjo'f~i~g land owners. Please place this on the calendar for May~Jth. ~ Very tru;iy~4our s,~ ~! Sou~hold Town Zoning Board of Appeals Main Road Southold, New York 11971 F011.M NO. 3 0 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE $OUTHOLD, N. Y: NOTICE OF DISAPPROVAL File No ......... .~20 .............................................. Date .......... MA~....~2., ............................. , 19..'/R- Na~-A-Maz' 14a~:Lna, *rnc. To 9L.o. ~..~.,....o..~.~..e..n..,...~.q.q,... .... ..~...~.~.....~. ..~4 ............................................... .......... ..~. .t,.~:L~..~.a.~..,...~..e.W...~.o..r..~;......Z.~. 9..~..3 PLEASE TAKE NOTICE that your application doted ............ .M~..]f....8..c .......................... , 19.~..~... for permit to construct ........................................ at the premises located at .................................... ....... ~.'...~..... ,~....~'~.... ........... ~ .................. Street ,~,o,~ ~(~ Map .................................... Block ..... ;.~.., ................................. Lot ~- is returned herewith and disapproved on the following grounds .............. .~.~...~...~ .,~....?...~'..~...'~..~ .......... ....~..~...~.:....../..'./.. ~ Building Inspector C, eo~ge l~.t B~.e~' BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : MATT-A-MAR, INC. to the Board of Appea~s of the Town of Southo~d : TO: Walter Williams Vina Baker NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) ~]gh~~ (the following relief: A front yard Va~riance to construct a storage building for boats. ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: West side of Wiekham Ave.. Mattituck, NY bounded on the north, south and west by Mattituck Creek: East by Baker and Williams and Wickham Ave. 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: Permission to construct ~fn~"n~ h~ildlng in front yard 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Article VII Section 100-?0 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five~M/~rior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watch/ha i, ~ewspapers published in the Town of Southold and designated for the publication of such notices; that ~6u o y~[ur representative have the right to appear and be heard at such hearing. Dated: M~v 5. 1978 · Matt-a-M~]Vla~rna I . Post Office Address :nner Olsen, Attorney Main Road, P,O, Box 38 Mattituck. New York 11952 PROOF OF MAILING OF NOTICE NAME Walter Williams ADDRESS Mattituck, New York 11952 Vina Baker Matiituck, New York 11952 RECEIPT FOR CERTIFIED MAIL Wa!te 'r Williams o. STREET AND N0. ~.o., STATS ANEZ~" CODE MattituckL New York 11952 PS Form NO INSURANCE COVERAGE PROVIDED-- (See other side) Jan. 19763800 NOT FOR INTERNATIONAL MAIL ~ GPO: 19~5--0-59~-4§2 RECEIPT FOR CERTIFIED MAIL SENT TO ~fina Baker STREET AND NO. P,O., STATE AND ZiP CODE Mattituck~ New York 11952 -- OPTIONA~VICES FOR ADDITIONAL FEES ,EC,A POSTMARK OR DATE PS Form Jan. 19763800 NO INSURANCE COVERAGE PROVIDED-- (S,e other sidel NOT fOR INTERNATIONAL MAIL ~GF0:19~--0-§91-452 STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.: Cherie Lynn Russell , residing at Mattituck, New York , being duly sworn, deposes and says that on the .~[h day of May ,19 78 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Mattituck. NY ; that said Notices were mailed to each of said persons by (certified) (t~t~:~, mail. Sworn to bef~~ GARy FLANNER OLSEN Notary Poblic, State o~ New York No, 52'2~59600 TQuali_fie~ in Suffolk County ,~ errn ~X~re~ March 30, 19,~ TOWN OF SOUTHOLD 54.6 A [UNDERWATER LANDI / / ,:t. ;. ''~ 4/-¢) / / SEE SEC NO ;39 9. OA(c) / / / / / / SEE E£C NO :41