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Home My WebLink About4980 NOTICE OF PUBLIC HEARING THURSDAY, AUGUST 16, 2001 SOUTHOLD TOWN BOARD OF APPEALS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be heard at a public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, AUGUST 16, 2001, at the time noted Below (or as soon thereafter as possible): 7:30 p.m. Appl, No. 4980 - MARYANN PRICE. This is a request for a variance-under Article IX, Section 100-92, based on the Building Inspector's May 12, 2001 Notice of Disapproval which states that the subject lot is 33.976+- sq. ft., there is currently a two-family dwelling use and a take-out/cetedng business use on the property; that the addition of the third use would require a minimum of 60,000 sq. ft. of land area. Proposed use: Outdoo( Antique sales/display. Zone District: Hamlet Business. Location of Property: 730 Love Lane Mattituck; Parcel 1000-140- 2-18. The Board of Appeals will hear all persons, or their representative, desiring to be heard at the hearing, or desidng to submit wdtten statements before the conclusion of the above hearing. This headng will not start earlier than designated. Files are available for review dudng regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: July 26, 2001. GERARD P, GOEHRINGER, CHAIRMAN SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL TO Mary Ann Price 42 S. Forest Street Rockville Center NY 11570 DATE; May 12, 2001 Please take notice that your application dated March 14 2001 For permit to conduct Antique Sales at Location ofproperr5 730 Love Lane Mattituck CountyTax Map No. 1000 - Section 140 Block2 Lot 18 Subdivision Filed Map = Lot # ls returned h~ewith and disapproved on the following grounds proposed use, in HB zone, nor permitted pursuant to ArtielelX Section 100-92 Which requires a minimum of 20,00 square feet of lot size per use. Subject lot is +/- 33,976 square feet, there is currently a two family dwelling use and a take out/catering business use on the property. The addition of a third use would require a immmum of 60,000 square feet as per the BuLk Schedule for this zone. TOWN HALL SOUTHOLD, NY lk1971 · EL. 765-1802 ' - PE~IT NO. Examined ,20 Approved .20. Disapproved a/c UIbD~U ~411 APFLIkSAI IUN CHEC~[S Do yo~ve or n~d ~e follo~g, before apptyin8 Bo~d of HeaI~ 3 sets ofBuil~ng Pla~ S~ey_ Check S~fic Fo~ N.Y.S.D.E.C Trustees Contact:. Mail to: Phone: Building Inspector APPLICATION ]FOR BUILDING PERMIT Date ~] / ;~-- .20 O/ INSTRUCTIONS a. This application MUST be completely filled in by typewriter or ~n ink and submitted to the Building Inspector with 3 sets of plans, accurate pict plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of thls application, the Building InSpector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout'the work. e. No building shall be occupied or used in whole or in part for any purpose what-so-ever until a Certificate of Occupan is issued by the Building InspectOr. APPLICATION IS HEREBY MADE to the Building Department for the issuance cfa Building Permit pursuant to the Building Zone Ordinance of the Town of Southold. SuffolklCounty, New York, and other applicable Laws, Ordinances or Regulations, for tSe donstrucfion of buildings, additions, or'alterations or for removal or demolition as herein described. The applicant agrees to eoinply with all-applicable laws, ordinancps, building code; housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. -- ~ ~ _(Mailing address of al~plicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorizbd o.fficer t,l (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No.. Other Trade's License No.. I. Location of land on which proposed work will be done: House Number Street Hamlet County Tax Map No. 1000 Subdivision (Nme) Section i q5 C~ ' Block c>k- Lot - Filed Map No. ~ Lot State existing use and occupant a. Ex~snng use and occupm~.~y*e, oo,,~l b. Ntended use andpccup~cy Nature of work (check which applicable): New Building. Addition Alteration Repair Removal Demolition OtherWork lq,~ u.) 0'gxc To gE ~ ' (D~scfiption) 1. Estimated Cost -O - Fee if dwelling, number of dwelling units f garage, number of cars (to be paid on filing this application) Number of dwelling units on each floor If business, commercial or mixed occupancy, specify nature and extent of each type of use. Dimensions of existing structures, if any: Front:r'~Z~ , _ __ear Height Number of Stories D - 5--r2 Denth Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories Dimensions of entire new construction: Front Height Size of lot: Front ). Date of Purchase Rear Number of Stodes Rear 1%/' 3:5 Depth Name of Former Owner }~ I?rNg-~- Depth 1. Zone or use district in which premises are situated 2 Does proposed construction violate any zoning law, ordinance or regulation: tN O 3. Wilt tot be re-graded ~ Will excess fill be removed from premises: ~ES NO ~octc&cw O.'ZOI~Le', 4. N~es of Owner of premises ~¢gN ~WW ~¢[C~d~ess ~AP, FO~T ~Phone No. ~b - V&b -~ N~e of McNtect Ad&ess Phone No Name of Contractor Ad&ess Phone No. 5. Is this property within 100 feet of a tidal wetland? *YES NO ,~- · IF YES. SOUTHOLD TOWN TRUSTEES PERMITS MAY BE REQ~D 6. Provide survey, to scale, with accurate foundation plan and distances to property lines. 7. If elevation at any point on property is at I0 feet or below,.must provide topographical data on survey. TATE OF NEW YORK) SS: 'OUNTY OF ~'[/~lf,,y :O~ ¢?,~;6_.~ being duly swom, deposes and says that (s)he is the applicant qXTarne of individual agmng contract) above named, ¢SHe is the tContractor. Agent, Corporate Officer. etc.) said owner or owners, and is duly authorized to perform or ha:ge perfonmed the said work and to make and file this application; mr ail statements contained in this application are true to the best of his knowledge and belief; and that the work will be erformed in the manner set forth in the application filed therewith. '~'"~~tur~e Of Applicant Qn y: Fee $ ~)D, 4~/! ~-/~) / TOWN OF SOUTHOLD, NEW YORK ~;~Assigned NO. ~"~(~ ~- 5/12/01 TO!THE,ZO:NIrNG BOARD OF APPEALS: i (~ ...~.a.~Z...A.5.n..,~P..r.'.z.e..~ ................................ _ . (Appellant) ~2 ~o. For..e..s..t...~.v..e.:..,....R..o..c..k..v.i..~.}.e...?..n.~.r.~.,....N.?. ....... (Te1#516-766-5562 ) DECISION OF THE BUILDING INSPECTOR DATED . . .5. /. .~. .2. ./. .0.1. ......... INSPECTOR DENIED AN APPLICATION DATED...3../.1.,4./..°.,1. ........ FOR: [ I ) Othe: Outdoor sale of antiques 1.-LOcaflon~fPrn~,rfv 730 Love Lane, Mattituck ............ ,'-'.', ................................................................................ Zone HB 1000 Section..1..4,.0....Block..0..2..Lot(s) ..1..8. .......... Current Owner.~..r.z...A.n..n....P..%'.i..ce of the Zoning Ordinance Appealed. [Indicate Article, Section. Subsection of Zoning Ordnance by numbers. Do not quote the law.) ........ Section 100- ..9.2 ..... Sub-Section .............. ' of Appeal. Appeal is made herewith for: fo the Zoning Ordinance or Zoning Map lack of access as required by New YorkTown Law Cons. Laws Art. 16, Section 280-A. of Article ..........Section 100-. ................. Other.' ..... ~ .......................................................................................... 4~i~'evious A. ppeal A previous a.p.peal [has) ..(h.as not) been made with respect to this P~l~6rt'/or w fl~ respect fo fhJs dec,s,on of the I~u,td,ng Inspector [Appeal # ...... Year .......). R .~EASONS~FOR~. ~__ _APPEAL. (Addifional~ sheets may be used with applicant's si.qnafure): AREA VARIANCE REASON-~: (%) ~n ,undesirable change will ,n. ot b.e produced in the CHARACTER or the neighborhood 6~ia!detriment to nearby properties, ~! granted, because: ~'$'~E' ~TTACHED (2) The benefit sought by the applicant CANNOT, be achieved by some method feasible for the applicant to pursue, other than an area variance, because: NO OTHER A])DITIONAL ~AND IS AVAILABLE (3) The amount of relief requested is not substantial because: SE~E ATTACHED (~) The variance will,. NOT have an adverse effect or impact on the physical or environmental cond~hons in the neighborhood or district because: SEE ATTAC~ED , u,ed. ( ) Yes, O~ Thi th MINIMUM ihat is necessa~ and adequate, and at the same time prese~e and r of the neighborhood and the health, safe~, and welfare of ~e communi~. ( ) Check this box if USE VARIANCE STANDARDS are completed and a~ached. Sworn to he,re me ~is -~~ ~' ~ ~ - - ~ ., -- [Signature 6f Appellant or ~uthor~zed J/~~~';~ ~2~j (Agent must subm,, Author,zation ~om Owner) Agent) Nota~ Pu T LI ZBA App 08/00 ~O~722~O~slo~ ' Heeaau Coun~ Appeal Application, Continued BOARD OF APPEALS: TOWN OF SOUTHOLD COUNTY OF SUFFOLK:STATE OF NEW YORK Application of ........................................ Appeal Application (.C,o. nti_.nued) Prope.,~ ID # ........................................ ,~E~ONS FOR USE VAR~AN~,,E COntinuation of Appeal Application for a Use Variance [when applicable): Permtifed Use under fha Zonin.q Re.qu~aflons for fha Particular Dish'icf '(1) The apPli~canf CANNOT realize a'REASONABLE RETURN because: The HARDSH~IP relates fo the proper'fy' and does not apply fo a, substantial portion of the district or neighborhood because: (3)=The relief reqUested Will' not, alter the essential CHARACTER of the neighborhood because: (4) Has the a leged d~fficully been self-created. ( ) Yes, or ( ) No. This is the MININ~J. IM that Is necessary and adequate, and at the same time will preserve ahd ~rOfect f~ ch=ra~f~r of the netg~hbOi~hbod and the health, Safety, and welfare of the community because: (6) The spirit of the zoning ordinance will be observed. (7) The publtc safety and '~elfare will be secured and substantial justice done. Sworn fo before ,ne this day of .................... 20 (Signature of Appellant or Authorized Agent) (Notary Public) ZBA App 08/00 (1) An undesirable change will not, be produced in the CHAR/[CTER of the neighborhood ora detriment to nearby properties, if granted, because: 1. No structural or other changes requiring building permits are being made. Any anticipated change to the property will be the planting of ~idditional gardens or hedges which can only enhanc6 the character of the neighborhood. 2. The area is zoned for hamlet busifiess and .this is an accepted use. 3. The antiques and art.items for sale w.:ould be set up.in the morning and removed at the end of the day tO be sto~ed in an area of the basement set aside fo~c ibis use, the lawn being restored to its original pre-sale condition. 4. The sale would be only 2-3 days a week dunng clement weather. 5. There is ample parking on site for any traffic this sale would generate as well as parking for tenants of the apartments and the existing store. 6. This use would not be a detriment to nearby .prope.rties as the property is totally obstructed in the rear by the tank museum structure; On the south side there is als0 a display of tanks and the LIRR tracks. Privacy hedges are being planted on the north side adjacent to a private dwelling, A tastefully set up display of antique items would a very pleasant attraction for both local residents and the summer vacationers which would benefit all the st?res on Love Lane. (3) The amount of relief requested is not substantial because: 1. There is ample space on the front lawn for this use. 2. The property is already zoned for my proposed use and ne physical or structural changes are being made. 3. The house and business occupy the rear quarter of the property, The two main lawn areas are not presently being used by ~,e tenants or the existing business and comprise a huge area that exceeds the square footage required for a th~,d use, There is a parking lot for 11 cats in addition to additional parking for 4 tenants cars. There is arear driveway where the proprietors of the store park. Most oftlSe stores on Love Lane are much larger than my existing business and have 0.nlyStreet parking. There are many two family houses in Southold town that only have room for two or three cars in the ddve~ivay. . 4. The 1985 site plan for the existing use as a take-out .food and catering business was approved by the planning board for 7 parking spaceS. There a~e prese~i{iy 4 additional spaces. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: 1. Love Lane is the main business district. The sale of antiques and art is an accepted and upscale use of this property and there are currently no antique shops in the area. 2. No physical changes are being made to the property. 3. The present business is take out food and does not open until 11:00 with customers who do not stay for more than 15 minutes. The heaviest Volume of customers for the antique sale would be the first 1-2 hours of the sale before the take out food business opens, and, once again, this would only be 2 days a week during the warm weather. OWNER TOWN OF $OUTHOLD PROPERTY FORME~ OWNER STREE* 7~ V,~b~GE LAND IMP. Vb. FARM TOTAL DATE RECORD CARD SUB. LOT ACR. W.~.~ ~ TYPE OF BUILDING COM~Vt. CB, MICS. Mkt. Volue REMARKS AGE NEW FARM Tillable Woodlond Meodo~lond House Plot Total NORMAL Acre BUILDING CONDITION BELOW ABOVE Value Per Value Acre FRONTAGE ON WATER FRONTAGE Obi ROAD DEPTH BULKHEAD DOCK TRIM Bldg. Extension Extension Extension Porch Porch Breezeway Garage Potio Total Foundation Basement Ext. Wails Fire Place tion Room Beth Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway N/O/F .IESEE R /'lA 187~64' RAIL ROAD KEY MA P SC LEI = 200i IVl~l]~ OF PROPERTY A T M;A TTITUOK. 1000- 140 '- 02- t8 $CAL~. 1" =?40' SEPT, 25, 1985 MAY I, 2.000 M~y 14 £o.~ (r,~w.~J~o