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Home My WebLink About3101Southold Town Board of Appeals NAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3101 Application Dated March 18, TO: Philip J. Cardinale Esq. Mr. Roger L. Munz Mr. Victor Catalano 1983 (Public Hearing held 4/20/83.) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on MAY 27, 1983 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [X] Request for Special Exception under the Zoning Ordinance Article VIII, Section 100-80(B) [14] & [15] [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for The public hearing concerning this application was held on April 20, 1983, at which time the hearing was declared closed. Application for ROGER L. MUNZ and VICTOR CATALANO, by Philip J. Cardinale, Esq., Main Road, Drawer W, Jamesport, NY 11947 for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80(B) [14] & [15] for permission to utilize premises for boat sales on the premises in question zoned "B-1 General Business," which use is permitted in a "C-Industrial" District by Special Exception. Loca- tion of Property: 13175 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-140-03-038. The board made the following findings and determination: By this Special Exception application, appellants seek permission to establish retail sales of boats in this "B-1 General Business" District. Article VIII, Section 100-80(B) of the zoning code permits such a use in a "C-Industrial" District after receiving both site plan approval from the Planning Board and Special Exception approval by this board. In a variance application filed simultaneously here- with, appellants have requested a variance from Article VII, Sec- tions 100-70 and 100-71 to permit the requested use in this "B-i" zone with the established lot area of this parcel, to wit, 17,193 square feet. Existing on the premises is a 50' by 40' garage structure which has for many years been used for automobile repairs. This structure is situated approximately 60 feet from the Main (S.R. 25) Road property line, 93 feet from the rear property line to the north, 10' from the westerly sideyard area and 18' from the easterly sideyard area. Appellants are proposing a 24' by 50' outside display area directly in front of the existing 50' by 40' proposed showroom/sales area, and the off-street parking will be provided in an area within 58' of the Main Road property line. Also proposed is a 6' by 45' planting area. In considering this application, the board determines: (1) that the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (2) that the use will not prevent the orderly and reasonable use DATED: June 6, 1983. Form ZB4 (rev. 12/81) (CONTINUED ON PAGE TWO) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS File #3101 - Special Exception Matter of ROGER L. MUNZ and VICTOR CATALANO Decision Rendered May 27, 1983 of permitted or legally established uses in the district wherein the proposed use is to be located, or of permitted or legally established uses in adjacent use districts; (3) that the safety, health, welfare, comfort, convenience or order of the town will not be adversely affected by the proposed use and its location; and (4) that the use will be in harmony with and promote the general purposes and intent of this chapter. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that Appeal No. 3101, application by ROGER L. MUNZ and VICTOR CATALANO FOR A SPECIAL EXCEPTION to establish retail boat sales in this B-1 Zone, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. No storage of boats shall be permitted in the front parking or ingress/egress vehicle areas; 2. No repairs or finishing of fiberglass is permitted outside of the building; 3. The designated parking areas shall remain open and unob- structed at all times from storage of any materials; 4. The 6' by 45' planting area as indicated on the site plan shall always be maintained; 5. No vehicles shall be permitted to be backed out onto the State Highway; 6. The westerly 10' egress and the easterly 18' egress along both sides of the building and extending up to the State Highway shall remain totally unobstructed at all times for access by emer- gency and other vehicles; 7. That the agreement between the appellants and James and Deborah Navas (or subsequent owners) permitting accessibility over the proposed easement area (as shown on the 1/12/51 sketched-in survey) shall be in effect at the time this variance is effectuated, except that no storage of boats will be permitted in the front parking area at any time; 8. Compliance with the Southold Town Planning Board conditions dated May 16, 1983. Location of Property: 13175 Main (State Road 25) Road, Matti- tuck, NY; County Tax Map Parcel No. 1000-140-03-038. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent.) This resolution was unanimously adopted. ZOniNG BOARD OF APPEAI~ ~ TOWN HALL MAiN L~OAD ,~ $. R, 25, ~OUTNOLD, b1.Y.--'11'97~' NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following matters will be held for public hearings by the Southold Town Board of Appeals on THURSDAY, SEPTEM- BER 13, 1984, commencing at 7:30 p.m.-, at the Southold Town Hall, Main Road, Southold, NY and as follows: 7:30 p.m. Application for HENRY ?. SMITH for approval of two parcels with insufficient area and width in this B-t Business Zoning District, Article;III; Section 100-31 of the Zoning Ordinance. Property Location: West Side of Pecon~c Lane, Peconic, NY; 1000- 74-5-2 and 3 (9.2). 7:35 p.m. Application of. RDGER MUNZ, Box 567, Laurel, NY Cardinale & Cardinale, Esqs.) for a Variance for relief from Condition No. 7 of the May. 27, 1983 decisions rendered'~in Applica- tions No. 3100 and 3101. Property Location: 13175 Main Road, Mattituck, NY; County Tax Map Parcel No. I000-140-03-038 (Owme~s'~ ~ J. and C. Moisa). 7:45 p.m. Application of J.P. HUBERMAN, 2 Linda Lane, Setauket, NY (by I. Price, Jr., Esq.) for a Variance to the Zoning Ordinance, Article III, Section lO0-30(C) for permission to establish home occupancy, to wit: physician office, within a one-family residential building exceeding 30% of the maximum-permitted first floor area, at 41505 C.R. 48, Southold, NY; County Tax Map Parcel No. 1000-059-03-023. 7:55 p.m. Application of FRED H. AND GEORGIA LAMBROU, One Canaan Close, New Canaan, CT 06840 for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory garage- storage building in the frontyard area at 1365 Aquaview Avenue, East Marion, N¥~ County Tax Map Parcel ~o. 1000-022-02-0i. 8:00 p.m. Application of PATRICIA AND REINER LOLLOT, 2345 Plum Island Lane, Orient, NY for a Variance to the Zoning Ordinance, Article XI, Section' lO0-119-1(A) for permission to erect.fence exceeding the maximum foUr-foot height requirement along frontyard area of this vacant parcel, ll20 Ryder Farm Lane and Uhl Lane, Orient; Orient-By- The-Sea Filed Map 6160, Lot 157; County Tax Map Parcel No. 1000- 015-05-024.11. Page 2 - Notice of Hearings Southold To~n Board of Appeals Regular Meeting of September 13, 1984 8:05 p~m. Application of CONSTANCE KLAPPER, Box 291, Cutchogue, NY Iby Esseks,.Hefter, Cuddy & Angel) for a Variance to the Zoning Ordinance~ Article III, Section 100-31, for approval of insufficient area of lot in this proposed two-lot division (redivision) of land and for approval of insufficient livable floor area of existing principal building. Location of Property: 3300 Dignans (private) Road, Cutchogue, NYi County Tax Map-Parcel No. 1000-83-02-00~. 8:10 p.m. Application For HENRY DOMALESKI, Orego~ Road, Cutchogue, . NY (by A. Wickham, Esq.) for ~ariances: (a) to the Zoning Ordinance~ Article III, Section 100-31 for approval of insufficient width of two proposed parcels in this division of land, and (b) to New York Town Law, Section 280-A for approval of access. Location of Property: Private Right~of-Way off the North Side of Oregon Road, Cutchogue, NY; County Tax Map Parcel No. lO00-095-Ol-part of Oll. 8:I5 p.m. Application of THOMAS AND JAC~UELINE OCCHIOGROSSO, 77 Vanderbilt Boulevard, Oakdale, NY (by Scheinberg, DePetris & Pruzansky) for a Variance to the Zoning Ordinance~ Article III, Section lO0-31 for approval of the construction of a new one-family dwelling with an insufficient frontyard setback of 12½ feet (reduction of that granted under Appeal No. 3031 T/27/83)~ Location of Property: 1580 Corey Creek Lane, Southold, NY; Corey Creek Estates Filed Map #4923, Lot 28; County Tax Map Parcel No. 1000-78-04-019. 8:25 p.m. Applicatio~ of ROBERT ENTENMANN, 65 Meadow Farm Road, East Islip, NY (by'A. Wickham, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of parcel to be set-off in this proposed three-lot subdivision of land located at the north side of Sound Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-112-1-7, Persons desiring to be heard may do so in by representative. For addition information, off~ce. person, in writing, please contact our or Dated: August 14, 1986. BY ORDER OF THE SOUTHOLD TONN BOARD OF APPEALS GERARD. P. GOEHRINGER, CHAIRMAN Notice to Newspapers: Please publish THURSDAY, AUGUST 22, 1984, and forward nine affidavits of publication on or before August 31 to; Board of Appeals, Main Road, Southold, NY 11971. Thank you. TOWN OF SOUTHOLD, Iqi::W YORK AP~C~Li~ISION OF BUILDING INSPECTOR - ' . DATE, TO THE ZONING BOARD. OE.APPEALS, TO~,VN OF SOUTHOLD, I'~.-~Y.- l, (We)...~qoger...~unz ...... j. ........................... ,..,..of.,..P,.,.D.,...~.o.x:'.'.i§.7. .............. ..'...'.J..:....: ....... ~ ......... Name of Appellon.t Street.and Number ~..°..q..t.h..°..~.~.....(ha..u.,.~..e.i.]:.~..L...~ ................................... i ....... '..' ~,e.,~...~..°.?.~L ...... '..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 of Street and Number PERMIT TO USE PERMIT FOR OCCUPANCY Name of Applicant for permit .... ........................... ...................... .................... Municipality State Ta× ................................. lO0O/l*O/OS/o3;...L.i ........... .a....:.. ' Moo No. Lot No .... LOCATION OF THE, PROPERTY ..l~3.]LY.'5...~.~.i.;1,...~..o...a.d.., .......... Mat~:ztuck[......] ...... ~.'.~,..~.. ....... ; .................. · ,: ..... Street -- Use District on;Zoning Map Present Owners- Joseph and OWNER.(S): Constance Molsa (Applicant, rs., Contract Vendee)' 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 O.rdinonce.) Article VII, Section 100-70 and Art VII Sec 100-~0 100-~l etc TYPE OF APPEAL Appeal is made herewith for A VAR'ANCE td the Zoning Ordin.ance or Zoning Map A VARIANCE due to I~]~'-of access (State of New York Zow¢ Law Chap. 62" ¢or~s.'Laws :Art. 16'Sec. 28QA Subsection 3. 4 PREVIOUS APPEAL A orevious aplseal (has) (has not) been made with respect td this; decision of rne Building Inspector or with respect ro this property. Such appeal was ( ) request for a special ~ermit ( ) request for a variance aaa was made in Appeal No..3..1...Q.Q....&....-.3...1..0..1. ...... Dated ....~..~.~.....2.7..,..,.1..~..3. ..................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X~ A Variance to the Zoning Oramance ) *s requested for the reason that ~e would like to Applicant received under Appeal ~3100 and 3101 a variance of Zoning Ordinance Article VII and ~ Special Exception under Zoning Ordinance Article VIII and herein seeks relief from Condition No. 7. Form (Continue on other side) [. STRICT APPkICATIG,· OF THE ORDINANCE would produce ~rocticol difficulties or unneces- sary HARDSHIP because No "C" Light industrial property is located in a~ area condusive to a retail Boat Shop. .ec~ Main Road frontage isAto ~xpose the product to the public properly. Utilization of,the ex~sting masonry buildi~g:is,.because of it's location, uniqu~l~ appropriate for the prpposed use Failure ~o grant releif from Condition N~. 7 as originally imposed would r~Nult:~n unfair and unique hardsh'ip~ ~n l~igh~f all the circumstances existing, includin~ the refu§al of the adjacent owner to grant the necessary, easement under reasonable terms and conditions. 2 The hardship createo is UNIQUE and is not shored by oil Droperties alike in the immediate v,cin~t, of this property and in this use district because there is an existing structure on the premises which would be partly demolished and a new.store front erected, Thus improving the apoearance of the general are~, Furth~r-'~be ~th~6f fhe'~ro~0~ed ~s~ is in comfo.rmity with and complzmentary to the surrounding uses, and the architectural . str~.tq¥~'ofthe'~xi~ng masonry buildingjb,~ca~sei~,ceillng~elght and',b~en ~expahse/~s:~qu&ly designed so 9s to lend ~tself to the p~e~u~e~.a~re~4a~l sale outlet for Sa~l Boats. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DiSTRiCT because There are already three (3) boat sales operations in the general neighborhood. This operation would be interested in the sale,repair and ~torage of SAIL CRAFT and accessories. There is not now, nor · n the near future any plans to sell~ install or.repair out-board motors. Such use will therefore be in harmony w~th and promote the existing retail character of the District. /mo p OWNER R~CORD STREET VILLAGE CAaD SUB. LOT ~ORMER LAND I '~P. E W TOTAL DATE REMARKS TYPE OF BUILDING MIC$, Mkt. Value AGE NEW_ FARM TiJJ'~ble -- ~UILDING CONDITION NORMAL -- V---~lue Pe-~--~ Value _ ~_Cre ~ BELOW ABOVE M,smdowland To~'al · FRONTAGE ON WATER~~ FRONTAGE ON ROAD DEPTH BULKHEAD DOCK TR~M M. Bldg~ Extension Parch Parch Breeze~,'a¥ G~rage Ext. Walls Bath Floors Finish Heat Rooms 1st FIoor Rooms 2nd Floor Driveway ~ o 0 ¢