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HomeMy WebLinkAbout2744 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2744 Application Dated September l l, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Committee-to-Elect George Sullivan Box 837 Southold, NY 11971 1980 DATE 1.Q./.O.Z.O.O. Appellant at a meeting of the Zoning Board of Appeals on S e p t em b e r 2 5, was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X)~ Request for a variance to the Zoning Ordinance A r t. X I, S e c. ( ) 1980, 100-110A, B(1) the appeal granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be ~e~X~L~2(~xe Public Hearing: 8:45 p.m. Application of Committee- to-Elect George Sullivan, Main Road, Box 837, Southold, NY 11971 for a Variance to the Zoning Ordinance, Article XI, Section lO0-110A, B(1) for permission to erect (off-premises-advertising) ground sign in a B-1 Business zoned district. Location of property: South side of Main Road, Mattituck, New York; bounded north by Pumillo, Hallock, Berninger, Jackson and Main Road; west by Matt-Agency, Inc., Jarzombek, Roth; south by Litchholt, Taylor; east by Biliunas, Jackson, Berninger, Hallock, Pumillo; County Tax Map Item No. 1000-143-3-33.2. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because (SEE REVERSE SIDE) practical difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because ~ (SEE REVERSE SIDE) (would not) 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. FORM ZB4 ZONING BOARD OF APPEALS After investigation and personal inspection, the Board finds as follows: Appellant has appealed to this Board seeking a variance to erect a ground sign to be located on B-1 zoned Business property, presently owned by Roy C. Schoenhaar and located at the south side of Main Road, Mattituck. The premises in question isa parcel of land containing approximately 2.6 acres, the northerly half zoned B-1 and the southerly half zoned A-Residential & Agricultural. There is presently existing on the premises a one-story frame house, and no ground signs were found existing. Also, it has been found there are no conditions specified in the Code for any sign in a B-1 District (Article VII); however, sections and conditions for all the other districts are Specified. This appears to be an unintentional oversight, causing applicant to make this Pequest. . On motion by Mr. Grig.onis, seconded by Mr. Doyen, WHEREAS, the Board determines that by granting of the relief requested herein: (a)'the orderly and reasonable use of adjacent properties or of adjacent use districts will not be prevented; (b) that the health, safety, welfare, convenience comfort and order of the Town will not be adversely affected (c) that the general purposes and intent of the zoning ordinknc6 will be observed; (d) the plot area is sufficient,. . appropri~t. and adequate for the reasonable use and anticipated operatlol thereof as planned herein; NOW, THEREFORE, BE IT RESOLVED, that Committee-to-Elect George Sullivan, Box 837, Southold, NY 11971, be granted a variance to th'~ Zoning Ordinance, Article XI, Section IO0-11)A~, B(1) for permission to erect ground sign as applied for and i~ SUBJECT TO THE FOLLOWING CONDITIONS: (a) Written permission of propertY owner for sign erec]til~]ln~ in effect during the period this sign will be erected; / · (b)The sign shall not exceed the size four feet by s x.~. ~ ~ ~ feet [4' x 6'] and shall bear only the following, generally: Elect (name) for (position), .(c) Said sign shall not be less than five feet from any property line; and the bottom edge of said sign shall not be less than four feet above ground. (d) Said sign may not be illuminated. (e) This sign may not be erected prior to review by the Suffolk County Planning Commission. (f) This sign permit is terminable at once at the direction of the Board of Appeals of the Town of Southold. Location of property: South side of Main Road, Mattituck, New York; bounded north by S.R. 25, Pumillo, Hallock, Berninger, and Jackson; west by Matt-Agency, Inc., Jarzombek, and Roth; south by Litchholt and Taylor; east by Biliunas, Jackson, Ber- ninger, Hallock and Pumillo; County Tax Map Item No. 1000- 143-3-33.2. Vote of the Board: Goehringer and Sawicki. Ayes: Messrs. Grigonis, Doyen, Douglass, APPRUVED _ Chairman Board o[/Appeal~ - NOTICE OF PUBLIC HEARINGS Pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following matters will be held for public hearings, in addition to those previously advertised, by the Southold Town Board of Appeals, at Town Hall, Main Road, Southold, New York on Thursday, September 25, 1980: 8:25 p.m. Application of Edgar J. Smith, Jr., 26 Lefurgy Avenue, Hastings-on-Hudson, NY 10706, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to existing dwelling with insufficient front and rear yard ~setbacks. Location of property: Right- of-way off Village Lane (West Bay Avenue), Orient, NY; bounded north by Oyster Pond Historical Society; west bY Wainer; south by Orient Harbor; east by Fox; Co. unty Tax Map Item No. 1000-24-2-9. ~~:45 p.m. Application of Committee-to-Elect George Sullivan, Main Road, Box 837, Southold, New York, for a Variance to the Zoning ordinance, Article XI, Section 100-110A, B(1) for permission to erect (off-premises-directional ground sign in a B-1 Business zoned district. Location of property: South side of Main Road, Mattituck, New YQrk2 . and Main ~oaa; bounded north by Pumillo, Hallock, Berninger, Jackson/ west by Matt-Agency, Inc., Jarzombek, Roth; south by Litchholt, Taylor; east by Biliunas, Jackson, Berninger, Hallock, Pumillo; County Tax Map Item No. 1000-143-3-33.2. Dated: September 12, 1980. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Instructions to newspapers: Please publish once, commencing September 18, 1980 and forward two affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971. (516) 765-1809 or 1802. NOTICE OF PUBLIC HEARINGS Pursuant to Section 267 of the Town Law and the Provi- sions of the Amended Code of the Town of Southold, the following matters will he held for public hearings, in addi- tion to those previously adver- tised, by the Southold Town Board of Appeals, at Town Hall, Main Road, Southold, New York on Thursday, Sep- tember 25, 1980: 8:25 p.m. Application of Ed- gar J. Smith, Jr., 26 Lefurgy Avenue, Hastings-on-Hudson, NY 10706, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to exist- ing dwelling with insufficient front and rear yard setbacks. Location of property: Right- of-way off Village Lane (West Bay Avenue), Orient, NY; bounded north by Oyster Pond Historical Society; west by Wainer; south by Orient Har- bor; east by Fox; County Tax Map Item No. 1000-24-2-9. ---la4~Ikul~_APillication. of ...C,9.1!!~j~teo- to-Elec t George b]Sullivan, Main Road, Box 837, d,~ New York, for a ~ihhCe to the zoning Ordi, [.._na~nc~e~ Article XI, Section 100- [--1~ ~i!} for PermisSiQn to L--e~-._~ i of~f~pr~mistg-dir~ fi on- ,al) ground sign in a B-1 Busi- l~]n~__s~' ~z0neff district. Location ~T--~i-6pefty: SOuth ~ide~ of M'aTffT/Sad, Mat~it~icl/7'-,NeW ~Worlr: bounded ~o.~rth by Pum- L'T!I~/.I!~ck'7 B~ nger, J~k- son and Main ' ~; west by Matt-Agency ...... , Jarzom- bek, Roth; south by Litchholt, Taylor; east by Biliunas, Jackson, Berninger, Hallock, Pumillo; County Tax Map Item No. 1000-143-3-33.2. Dated: September 12, 1980. BY ORDER OF THE SOUTHOLD TOWN ~NTY OF SUFFOLK, BOARD OFAPPEALS .TE OF NEW YORK, 1TS18-3522 ~ ss: ......... .J.O..~j..~.U.S.T.~.~,V. SON ............ being duly Sworn, says thct. .S..H.E.., is Printer and Publisher o! the SUFFOLK WEEKLY TIMES, c newspaper published at Greenport. in s~id county; and thai the notice, ot which the annexed is e printed copy. ~has been published in t'he said Suffolk Weekly Times ONE ~nce in e~ch week, tor ............................ weeks successively commencing on t~e EIGHTEENTH day of .... $~E?T... Sworn to before me thisn, i.n..e.~.e.n.~.~, S.e.p.tember , l~.8.Q. MARGARU A. YOtJNG NOIAR? PUBLIC, State ol New York Suffolk County No, 52-9776895 l'e~m Expires h~a~ch 30, 1992 NOTICE OF PUBLIC HEARINGS Pursuant to Section 267 .o~f the Town Law and the Pro- visions of the Amended Code of the Town of Southold, the following~na~ters will' be held for public hearings, in addi- tion to those previousl~ vertised, by the Southold Town Boarg of Appeals, at, Town Hall, Main Road, South- old, New York on Thursday, September 25, 1980: Edgar J. Smith, Jr., 26 V ariance .t~o t.h ~..Zo.n_ ing. __Or.. tlill ance, Article RI, Section 100-, with insufficient front and r~ar lard setbacks. L~c~io._n...._0...f. property: Right-of, way off Vit- ~ent~ ~; bounded north by ety; west by wainer; south by l~.~u2~tY Tax Map Item No. ~~-m~' ' Application of' Committee-to-Elect George Sullivan, Main Road, Box 83~, Southold, New York, for Variance to the Zoning Ordin- ance, Article XI, Section ll0A, B(1) for permission to erect (off-premises-direction-/ al) ground sign in a Business zoned district; Loca- tion of property: South side'of Main Road, Mattituck, New York; bounded north by Pum- illo, Haliock, Beminger, Jack- son and Main Road; west by Matt-Agency, Inc., Jarzom-. bek, Roth; south by Litchholt, Taylor; east by Biliunas, Jack- son, Berninger, Hallock, Pum- illo, County Tax Map Item No. 1000-143-3-33.2. Dated: September 12, 1980 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS IT, 9/18/80 (2) COUNTY OF SUFFOLK STATE OF NEW YORK SS: Patricio Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, ~ public newspoper printed at Southold, in Suffolk County; and thet the notice of which the onnexed is o printed copy, has been published in said Long Islond Traveler-Watch- mon once each week for .............. / ........................ weeks successively, .commencing on the ..../...~.... ............................. Sworn to before me this OT CLEMENT J. THOMPSON NOTARY PUBLIC, State of New Yo~ 1'4o. 52-9321725 Residin8 in Suffolk County ~ Commission Expires March ~, 19~___~ FOI~M NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................. Date ......~.~-~~~~.../..(.., ...Z~'.~.~. .... ..~.~..~ ........................................ ..... ~.oz~.~.~...-...~...:.~: ..................... PLEASE TAKE NOTICE that your application dated ....~..~...~....../....O1.. ................... , 19....~.... for permit to ~construct~/~.....~.~.~(.~. .......... at the premises located at ....-~.~...~.....,~/../.~.../~ ~..~.r.~..~...~.~ .......... ~...~..y...-. ........... ~- /... .~~a p ~.(~. · .0. ·..C~....(:....~..~.. ..... Block ......... ~T~...?... .......................... Lot ...... ..~.....?.....~..:...~ .............. is returned her%h and d~sappro,,ed on the follow~ng grounds '~' ~'/ ~.~.'~-~ '~.....¢.'C'.~Z.r.:~. ~... ,'.~ ..... ~.~..'~..~:.....,~ ~ .o...~.... ~.. ~. ~..--.... ~...~ ...... ~. )....,~. ~. ~ ~ ..... ~..~ .:~.~.~.~......-.. ..... ,~.~. ...... :~.~.,:~,.~.~...r.~...~..4.r. ..... .~...,..~.~..,.~z:...~ ..................... .,,~,.r.~ ......... ~~ ...... ,.~....-....c~...o. ...... ,~~.~..~~.~;;;:;;.....................~~ ..... FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1803 Examined ................ ,19 ... Approved ................. 19... Permit No ........... Disapproved a/c .................................... Application No .................. (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in triplicate to the Building Inspector, with 3 sets of plans, accurate plot 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 giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such 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 whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Deparunent for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York. and other applicable Laws. Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, J~f~sing code, .~i?.d regulations, and to admit authorized inspectors on premises and in buildings for necessary ins~ ... ~.'.<~. '. _..~..:...~p:~.... '.-7. ............... (Signature of applicant, or name, if a corporation) · h. ..... (Mailing address of applicant) /// State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ........................ ~. .~:-:?. ?. .~. ~ .~. .......... ~ . . 2.',: ...... : ................................ Name of owner of premises ...... ~.~-Zf .~. .~A .~. . .~-. .~. ?. .c~. ........ ' ................ las on the tax roll or latest deed ........ J ['' ..... If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No ............... Y...'..~ ..... Plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ...................... 1 Location of land on which proposed work will be done....~..~.~....~¥-./f.~.~...~..~..-'~ ....................... .. ~ ~. . .zTi./. ./. f. ?. . .~ ./.(. . ~ .~4.. . .~.~. ........................................................... House Number Street Hamlet County Tax Map No. 1000Section .... (..5~.. ......... Block .................. O ~ Lot.t~.~.~......~.' ....... Subdivision... - Filed Map No ........... :... Lot ..... ~ ....... (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ........... W ............................ ~//,4:7.~ ~'..,~.. .5..~ ..... b. Intended use ~d occupancy ............ ~d.<~ ~ Z..4 ~.~f~.. ~ .~.<~f.~.~., 3. Nature of work (check which applica0te): New Building: ......... Addition .......... Alte~ratiovw., ......... Repair .............. Removal .............. Demolition .............. Other Wor~.. ' ' (Description) 4. Estimated Cost ....... .~. ,~.'7.~. ~ ..................... Fee ......... .~..-..~."D. ..................... (to be paid on f:2ing this app~cation) 5. If dwelling, number o f dwelling units ............... Number o f dweliing units on each floor ................ If garage, number of cars ........................................................................ 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ..................... 7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth ............... Height ............... Number of Stories ........................................................ Dimensions of same strncture with alterations or additions: Front ................. Rear .................. Depth ...................... Height ...................... NTumber o£ Stories ...................... 8. Dimensions of entire new constructlon: Front ............... Rear ............... Depth Height ............... Number of Stories ........................................................ 9. Size of lot: Front ...................... Rear ...................... Depth ...................... 10. Date of Purchase ............................. Name of Fomer Owner ............................. 1 1. Zone or use district in which premises are situated ..................................................... 12. Does proposed constrnctlon violate any zoning law, ordinance or regulation: ................................ 13. Will lot be regraded ............................ Will excess fill be removed from premises: Yes No 14. Nme of Owner of premises .................... Address ................... Phone No ................ Name of Architect ........................... Address ................... Phone No ................ Name of Contractor .......................... Address ................... Phone No ................ PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, mud, indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NEW YO_J~K, ,/~- ~/~;, / ,/o o COUNTY OF .... ,~..4. fi: ./5,~/..,--( ......... ~.. ~.~7.Z'.~.../.57..../?':...Z.~.-7..~..77.~ ./.;'~f ...... being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) above named. He is the .... Z~?../~..d-."~..-"~/. ~ .-~.. ...................................................................... / (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and re make m~.d file this application; that all statements contained in this application are true tb the best of his knowledge and behez; and tha, the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this -- ............. ...... ¢, o .... :... NotaryPublic,~..-~'-'..~'~.''' ~ · ........... County ' ~,~,~,o, ,,~;,~. ,~,,,, ,o,_~?._.., (Signature of applicant) -TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. c~ TE ..... ...... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N, ¥. 1, (We) ~../4~, ~. ~K~,,~'~.~...~.~Z~ ...... of ............... ~Z~....~(.~. ................... ~ ~ ~am~ ~t~ Str~ and Numar ~m..~.~..~,~Z~.....~ ..................................... ~...~ ~ ~o Municipality State THE ZONING BOARD OF APPEALS FROM THEDECISION OF THE BUILDING ~NSPECTOR ON APPL,CAT,ON FOR PERM,T ............ DATED. .......... .................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for Detroit of ~g.~CZ.~ ................................ ~,~./. .~. ./~ ................. ~ ............... Street and Number Municipality State ) PERMIT TO USE ) PERMIT FOR OCCUPANCY 1 LOCATION OF THE PROPERTY ..,~.....~...~.../~..,.,.~....~.. ......... .-..~...~.....~..-~.../.,../~.../~.~..~.....<~,.......~. Street Use District on Zoning Map ............. Z..~....~....., .o7........-......~Z.-Z..:..~ .... MOD 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.) 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 appe~l (has) (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......~.Z~..~...'~.-.-.~..'~..i .......... Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (,-,-~ A Variance to the Zoning Ordinance ( ) is requested for the reason that Forrr, ZBI (Continue on other side) REASON FOR APPEAL Continued sarv HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practica~ difficult[es or unneces- 2. The hordshia creotec is UNIQUE and is not shared by oil properties a!fke )n the immediate vicinit, of this property and in this use districf because 3 The v~nonce would ooserve the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ) ss COUNTY OF ) DEPARTMENT Of PLANNING (516) 360-5513 LEE: £. KOPPELMAN DIRE'CTOR OF PLANNING Board of Appeals Town of Southold October 15, 1980 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number Dolores Strong (Re-hearing) William & Rita Hilton ~tt~To-Elect George Sullivan 2710 2737 2738 2744 GGN :jk Very truly yours, Lee E. Koppelman Director of Planning Ct"I;~F PLANNF. R VETERANS MEMORIAl. HIGHWAY HAUPPAUGE, L.I.oNEW YORK O O TOWN CLERK 765-3783 Building Dept. Planning Bd. 765-2660 Board of Appeals 765-1809 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 Bo~l'd Of .Ap.p.q.als of the town of $outhold (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 Appeal No. 2744 ,,, Committee-To-Elect George Sulltvan Box 837 Southold, NY 11931 ...... .X...X. ..... Variances Art. X[, Sec. 100-110A, B(1) Location of affected land: S/s Ma~n Road (Schoenhaar property), Nattttuck. within 500 feet of: (check one or more) ................ Town or village boundary line, or shore line ...... .X...X. ..... State or county road, parkway or expressway S.R. 25 ................ State or county park or recreation area ................ 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 Commen~: Applicant vas granted permission to erect off-premises Stgn tn a B-1 Bustness District, subject to conditions as shown on ~ the attached. Date: October 3, 1980. Date received by Suffolk County Planning Commission File No ................................. (signed) Ltnda Kowalskt, Secretary Title Southold Town Board Appeals -16- September , 1980 lO0-110A, B(1) for permission to erect (off-premises-advertising) ground sign in a B-1 Business zoned district. Location of property: South side of Main Road, Mattituck, New York; bounded north by Pumillo, Hallock, Berninger, Jackson and Main Road; west by Matt-Agency, Inc., Jarzombek, Roth; south by Litchholt, Taylor; east by Biliunas, Jackson, Berninger, Hallock, Pumillo; County Tax Map Item No. 1000-143-3-33.2. The Chairman opened the hearing at 9:09 p.m. by reading the appeal application, showing notice of hearing and affidavits attesting to its publication in the local and official news- papers, Notice of Disapproval from the Building 'Inspector, and letter from the Town Clerk'that notification to adjoining property owners was made; fee paid $15.00. MR. CHAIRMAN: We have a section of the County Tax Map show- ing the surrounding area and the lot in question, and the loca- tion of where the sign is going to be placed.. The sign will be a 4' by 6' and the bottom of the sign will be 4' above the ground. The maximum height will be 15'6" from the ground level. Is there anyone here to speak in favor of..this? Is there anyone here to speak against it? PAUL MURPHY: mathematics? May I ask a question? How did they get their MR. CHAIRMAN: Well, that's what it says on the sketch. PAUL MURPHY: Just listening here as an interested citizen, it doesn't make sense to me. And they do everything so legal, and why don't they figure out the -- SECRETARY: MR. CHAIRMAN: record? I will need the gentleman's name. Can you give us your name,~ sir, for the PAUL MURPHY: Paul Murphy. But not to exceed 4' from the ground level up, and not to exceed a 4 by 6' sign. MR. CHAIRMAN: The mi-nfmum is going to be 4, from the bottom of the size, the minimum, 4'. PAUL MURPHY. All right. -. MR. CHAIRMAN: Maybe I skipped it, but I thought I read it. Yes, it doesn't add' up sometime. We had one here about a house, the house was set back 52' and they were adding 22' and they come up with a 37' setback. I'll offer a resolution granting this as applied for, subject to the usual sign conditions, which is automatic. Southold Town Board of Appeals -17- September 25, 1980 After investigation and personal inspection, the Board finds as follows: Appellant has appealed to this Board seeking a variance to erect a ground sign to be located on B-1 zoned Business property, presently owned by Roy C. Schoenhaar and located at the south side of Main Road, Mattituck. The premises in question is a parcel of land containing approximately 2.6 acres, the northerly half zoned B-1 and t.he southerly half zoned A-Residential & Agricultural. There is presently existing on the premises a one-story frame house, and no ground signs were found existing. Also, it has been found there are no conditions specified in the Code for any sign in a B-1 District (Article VII); however, sections and conditions for all the other districts are specified. This appears to be an unintentional oversight, causing applicant to make this request. On motion by Mr. Grigonis, seconded by Mr. Doyen, WHEREAS, the Board determines that by granting of the relief requested herein: (a) the orderly and reasonable use of adjacent properties or of adjacent use districts will not be prevented; (b) that the health, safety, welfare, convenience, comfort and order of the Town will not be adversely affected; (c) that the general purposes and intent of the zoning ordinance will be observed; (d) the plot area is sufficient, appropriate and adequate for the reasonable use and anticipated operation thereof as planned herein; NOW, THEREFORE, BE IT RESOLVED, that Committee-to-Elect George Sullivan, Box 837, Southold, NY 11971, .be granted a variance to the Zoning Ordinance, Article XI, Section lO0-110A, B(1) for permission to erect ground sign as applied for and SUBJECT TO THE FOLLOWING CONDITIONS: (a) Written permissio: of property owner for sign erection in effect during the period this sign will be erected; (b) The sign shall not exceed the size four feet by six feet [4' x 6'] and shall bear only the following, generally: Elect (name) for (position). (c) Said sign shall not be less than five feet from any property line; and the bottom edge of said sign shall not be less than four feet above ground. (d) Said sign may not be illuminated. Southold Town Board Appeals -18- September , 1980 (e) This sign may not be erected prior to review by the Suffolk County Planning Commission. (f) This sign permit is terminable~at once at the direction of the Board of Appeals of the Town of Southold. Location of property: South side of Main Road, Mattituck, New York; bounded north by S.R. 25, Pumillo, Hallock, Berninger, and Jackson; west by Matt-Agency, Inc., Jarzombek, and Roth; south by Litchholt and Taylor; east by Biliunas, Jackson, Ber- ninger, Hallock and Pumillo; County Tax Map Item No. 1000- 143-3-33.2. Vote of the Board: Goehringer and Sawicki. Ayes: Messrs. Grigonis, Doyen, Douglass, PUBLIC HEARING: Appeal No. 2684. Application o~ North Fork Motel, Inc., by Sam Rodland as agent,. 55 Pilgrim Pa~-~, Huntington, NY 11743, for a Variance to the Zoning Ordinance, Article VII, Section 100-70 for permission to change existing motel use to privately-owned units (or cooperative or condo- minium) use in a B-1 Zone. Location of property: Corner of C.R. 27 and Soundview Avenue, Southold, NY; bounded north by Soundview Avenue, east by C.R. 27 and Soundview Avenue; south by C.R. 27; west by Kemper, Main, Zech and Larson; County Tax Map Item No. 1000-135-2-23. The Chairman opened the hearing at 9:18 p.m. by reading the appeal application, showing notice of hearing and affidavits attesting to its publication in the local and official news- papers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners was made; fee paid $15.00. MR. CHAIRMAN: We have a section of the County Tax Map and survey of the property itself. It sets right in a triangle between Soundview Avenue and County 27A. Is there anyone here, Mr. Price, I understand who .is going to take the floor?~ WILLIAM H. PRICE, JR.: For the record I'm William H. Price, Jr., an attorney in Greenport. I have been retained by North Fork Motel, Inc. subsequent to the making of this initial application. Before I proceed, I would like to inform the Board at this time that I would like to make a short pre- sentation this evening, I know how the time of hearing is important to the Board, and request a recess to your next meeting to come forth with more. The reason for this request is that after reviewing the file that you have before you, I do not believe that it is really clear what this applicant Southold Town Board Southold Town Hall Main Road SOuthold, New York of Appeals 11971 I,/~ : .//~/ /~"~ ~~/~, ~he undersigned, hereby grant permission to the Committee to Elect George Sullivan to erect a political sign on my on a yearly basis. The wording of this sign will be: ELECT OR REELECT ONE, TWO OR SEVERAL REPUBLICAN CANDIDATES. Southold Town Board of Appeals MAIN ROAD- STAT£ ROAD 25 SOUTHOLD, L.I,, N.Y. 119'71 TELEPHONE (.516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR. CHAIRMAN SERGE DOYEN. JR. TERRY TUTHILL ROBERT J. DOUGLASS GERARD P. GOEHRINGER TYPE II ACTION DESIGNATION NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT Pursuant to Section 617.13 of the'New York State Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Town Law of the Town of Southold, Section 44-4B, the Southold Town Board of Appeals has determined that the following project is classified as a Type II Action not having a significant effect on the environment and will not require any other determination or procedure~ under the.N.Y.S. Environmental Quality Review Act. DESCRIPTION OF PROJECT Appeal. No. 2744. Application of Committee-to-Elect George Sullivan, Box 837, Southold, NY. Location of Project: 1000-143-3-33.2. South side of Main Road, Mattituck. Permission Requested: To construct _ground sign (off-premises- directional) in a B-1 District. Date of Public Hearing: Sept. 25, 1980 at 8:45 p.m. Documents on File: Appeal Application, Notice to Adjoining Neighbors, Affidavit Attesting to the Mailing of said Notice, surveys and/or sketches of the proposed project, Notice of Dis- approval from the Building Inspector, Legal Notice of Hearing, Environmental Assessment in the Short Form, Section of the County Tax Map showing the subject property, & other documents as may be required. Person to Contact for More Information: Mrs. Linda Kowalski, Secretary, Board of Appeals, Southold Town Hall, Main Road, Southold, New York 11971; tel. (516) 765-1809. Dated: August 28, 1980. Town Clerk Bulletin Board 8/30/80. tK JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 September 11, 1980 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From- Judith T. Terry, Town Clerk Trasnmitted herewith is Zoning Appeal No. 2744 application of Lewis Edson a/c Committee to Elect George Sullivan for a variance. Also included are notification to adjoining property owners as follows: Matt Agency, Inc. Main Road, Mattituck, N.Y. 11952; Jean Jarzombek, Marlene Lane, Mattituck, N.Y. 11952; Rose Roth, Box 52C, Mattituck N.Y. 11952; M. Litchhult, RR 1-Box 52 B, Mattituck, N.Y. 11952; R. Taylor, 405 E. 14th St., N.Y., N.Y. 10009; A. Biliunas, Mattituck, N.Y. 11952; E. Jackson, Mattituck, N.Y. 11952; C. Berninger, Box 915, Mattituck, N.Y. 11952; A. Hallock, Mattituck, N.Y. 11952; J. Pumillo, Mattituck, N.Y. Town Clerk JTT/bn Enclosures TOWN OF SOUTHOLD SHORT ENVIRON~IENTAL ASSESSI~ENT FORM INSTRUCTIONS: (a) In Order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project andthe likely impacts.of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) If all questions hove been answered No it is likely that this project is not significant. (dj Environmental Assessment 1. Will project result in o large physical change to the project site or physically olte. r more than 10 acres of land? ........................ Will there be a major change to any unique or unusual land ~orm found on the site? ........... Will project alter or hove o large effect on b dy f' ? existing o o water ....................... Will project have a potentially large impact . 3. 4. 5. 6. 7. 8. 10. 11. 12. 13. 14. on groundwater quality? ........................ , Will prOject significantly effect drainage flow on adjacent sites?..' ...... ~ ............... Will 'project affect any threatened or endangered plant or animal species? ........... Will project result in o major adverse effect on air quality? ............................... . . Will project have o major effect on visual character of the community or scenic views or vistas known to.be important to the community? Will project adversely impact any site or structure of historic, prehistoric or paleontological importance or any site designated os o critical environmental oreo by a local agency? ..... -~ ..... v~...~.v¥-~..~'~...~ Will project hove o bojor effect on existing or future recreational opportunities? ......... Will project result in major traffic problems or cause o major effect to existing transportation systems? ....................... Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project's operation? .................................... Will project hove any impact on public health or.safety? ............................ ~ ....... , Will project affect the existing community by directly causing a growth in permanent population of more than 5 percent over a one year period or have a major negative effect on the character of the community or neighborhood? ................................. . 15. Is there public controversy concerning the project? ....... .~ ..... - ...... ~ ............... PREPARER'S SIGNATURE ~.. ./~~ REPRESENiiNG~.~,~/7~~ DAlE Yes '~o Yes' ~N'o Yes ~ Yes /~No Yes Yes Yes Z .o Yes Yes /~o Yes ~No Yes '~/No Yes No Yes c/No Yes BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter of the Petition of : to the Board of Appeals of the Town of Southold : TO: 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 rec~dest a (Variance) (Special Exception) (Special Permit) (the following relief: ~--'~ ~~ 2. That the property which is the subject 9f the Petition is located adjacent to your property and is des- cribed as follows: ~//"-- ,/)?,~--*/ /-~/' . 3. Tha,~epr~operty which is the subiect of such Petition is located in the following zoning district: /-., ~( 4. That by such Petition, the undersigned will request the following relief: 5. That the provisions of the Southold Town Zoning Code ap_~plicable to the relief sought b_y the under- 6. That within five days from the date hereof, a written Petition requesting the relief specified above will he filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)/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 days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the 'Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: ' ~',~./~_~ Post Office Address ?/ PROOF OF MAILING OF NOTICF NAME ADDRESS 9L61 U~V '~8[ maod~ I t STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: ~~ _ q ~ , being duly sworn, deposes and Says that on the ) ~ day '~ of ~~~ ,1~ ~ , 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 thor respective names; that the addresses set opposite the names of Said persons are the addresses of said persons as shown on the Town of Southold; that said Notices were mailed at the United States Post Of- the curr~ssessment roll of ; that said Notices w~ailed to each of said persons by ~gistered) mail. ~  ~TAR~ PUSLIC, Slate of New York / Notary Public no. 4674306 ' SUffolk Caunty / /