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HomeMy WebLinkAbout2380 TOWN OF SOUTHOLD, NEW YORK AC~ON OF THE ZONING ~,OAP~D OF APPEALS Appeal No. 2380 D~ed December 5, 1977 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To John Malinowski Second Street New Suffolk, NY DATE.~.L...~' 1978 Appellant at a meeting of the Zonin~ Board of Appeals on January 12, 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 ( ) 1978 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board ~ was determined ~at a special exception ( ) be grant~ ( ) ~ denied pursuant to ~ticle .................... ~ction .................... Subsection .................... paragraph .................... of the Zonin~ Ordinance and the decision of ~e Build~g I~pector ( ) be reversed ( ) be co~medbeca~e 7:30 P.M. (E.S.T.) - Postponed decision upon application of John Malinowski, Second Street, New Suffolk, New York for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-60, Article VII, Section 100-70, and Article VIII, Section 100-80 for permission to use existing business building for assembly of parts. Location of property: west side Second Street, south side King Street, New Suffolk, New York, bounded on the north by King Street; east by Second Street; south by H. Aponik and other land of applicant; west by Third Street. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (wonnid) (would not) produce hardship because practical difficulties SEE REVERSE (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 (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REVE R-q E and that [th~ .~, io, t~deei~i~ns ~f~ the,B~in~ tr-~sp~t~ SEI FOt therefore, it was further dotarminpd that th~ ~ aquested variance ( ) be granted ( ) be denied Town~Cl~k, Town of Southold ) be confirmed ( ) be reversed. ~ i ZONING BOARD OF APPEAL 'S~ After investigation and inspection, the Board finds that the applicant requests permission to use existing business building for assembly of parts, west side Second Street, north side King Street, New Suffolk, New York. The findings of the Board are that the applicant has been unable to sell, rent or insure a building, formerly a supermarket discontinued in October, 1976, for economic reasons and the building adjoins his residence centrally located in New Suffolk. The business at peak operation required 25 employees, at times, and 10 to 15 daily truck deliveries at peak operation. The residential area surrounding the operation was subject to some hundreds of vehicle trips daily by customers using the store. Recently, a possible purchaser has appeared whose operation will, if permitted, virtually eliminate on-street parking and whose business will require only an occasional van-type truck delivery or shipment. The applicant requires a use variance per- mitting the assembly of pre-fabricated electrical stove components and the assembly of other patented gadgets used in the building trade. The nature, size and shape of these pre-fabricated parts will not be changed. The applicant states that he will not require more than five local employees and a secretary. The largest stove to be assembled will not exceed 6' by 2' by 2' The owner's cir- cumstances appear to be unique and a severe economic hardship. The proposed limited use will improve rather than deteriorate the neighborhood by greatly decreasing traffic, noise and congestion. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, John Malinowski, Second Street, New Suffolk, New York, be GRANTED permission to use existing business building for assembly of parts, west side Second Street, south side King Street, New Suffolk, New York, as applied for, subject to the following conditions: #1. Manufacturing as defined in the Ordinance may not be conducted on the premises except that assembly and/or packaging of pre-fabricated electrical oven parts be conducted on not more than 2/3 of the estimated 7,500 sq. ft. of floor space contained in the building. The other 1/3 of the building may be used for display of assembled products and for demonstration. Light cabinet work should be permitted in connection with the oven project. Various small gadgets patented by the applicant and used in the building and related industries may be assembled on the premises and displayed. ~2. Ail uses permitted by this action including display and sale of merchandise and storage shall be confined to the fully enclosed building or premises. #3. At least 10 parking spaces shall be provided for employees. Loading and unloading of trucks will be conducted on the premises. #4. Not more than 8 full or part-time employees, including office help, may be employed on the premises. ~5. Any change in the applicant's conduct of the business as herein described shall be referred for approval or disapproval to the Board of Appeals. Any question regarding interpretation of the foregoing shall be referred to the Board of Appeals. #6. The Board of Appeals shall review this application within two years ~from the date the action becomes final. Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis, Doyen. TOWN OF SO.HOLD, NEW YORK ACTION OF THE ZON]~qG BOAI~O OF APPEALS Appeal No. 2380 Dated December 5, 1977 ACTION OF THE ZONING BOARD OF APPE~_LS OF THE TOWN OF SOUTHOLD To John Malinowski Seoond Street New Suffolk, New York 11956 DATE~ay....~.,.._1978 Appellant at a meeting of the Zoning Board of Appeals on Apr il 13, 1978 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 ( ]~ Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By reso~tion of the Board it was determined th~ a special exception ( ) be gra~ ( ) be denied pursuant ~ ~tic~ .................... Sectwn .................... S~section .................... para~aph .................... of the Zoning O~inance and ~e ~cision of the Building I~pector ( ) be revers~ ( ) be co~med because7:30 P.M. (E.S.T.) upon application of John Malinowski Second Street, New Suffolk, New York, for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-60, Article VII, Section 100-70, and Article VIII, Section 100-80 for permission to use existing business building for assembly parts. Location of property: west side Second Street, south side King Street, New Suffolk, New York, bounded ontthe north by King Street; east by Second Street; south by H. Aponik and other land of the applicant; west by Third Street 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical difficulties SEE REVERSE (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 (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building.I[~.r. ( ) be confirmed ( ) be reversed. SEE REVERSE G BOARD OF APPEALS FORM ZB4 ) be denied and The legal expense of contesting an application that is specifically tailored to an individual operation doesn't seem worthwhile either to the applicant or the Town. RESOLVED that the Southold Town Board of Appeals RESCIND the action of the Board on Appeal No. 2380, John Malinowski. Vote of the Board: Ayes: - Messrs: Gillispie, Grigonis, Doyen, and Maimone. ..... ~',.-,;- -,-~_ ..... ~.~ '.: Town Clerk, Town of Southold LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Southold, New York, on Thursday, December 22, 1977, on the following appeals: 7:30 P.M. (E.S.T.) Robert D. Gray a/c Est. New York. 7:45 P.M. (E.S.T.) Recessed hearing upon application of of Elizabeth C. Gray, Fishers Island, upon application of Walter and Marilyn Gatz, Love Lane, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: east side Love Lane, north side CR27, Mattituck, New York, bounded on the north by L. }Iamilton; east by H. Swanson, M. Long, E. Csiesak; south by CR27; west by Love Lane. 7:55 P.M. (E.S.T.) upon application of Eastern Long Island Kampgrounds, Inc., 690 Queen Street, Greenport, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 C g, f for permission to erect off-premises directional sign. Location of property: south side CR27, east side Chapel Lane, Greenport, New York, bounded on the north by CR27; east by A. Shames & ors. and L. Delemidas; south by Village of Greenport; west by Chapel Lane.- 8:05 P.M. (E.S.T.) upon application of John Malinowski, Second Street, New Suffolk, New York for a variance in accord- ance with the Zoning Ordinance, Article VI, Section 100-60, Article VII, Section 100-70, and Article VIII, Section 100-80 for permission to use existing business building for assembly of parts. Location of property: west side Second Street, south side King Street, New Suffolk, New York, bounded on the north by King Street; east by Second Street; south by H. Aponik and other land of applicant; west by Third Street. L~GAL NO~' N0tice of Hearings Pu~an~mt to Section 267 of the.Towll Law and the provi- sions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings Will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Southold, .Hew~/~i~o~ ~nurs- the folio '~w~gr appelds: 7:30 P.M. (E.S.T~) Recessed hearing upon application of Robert D. ~C-ray a/c Est. of E~izabeth C. Gr~y, Fishers lsland,~ New York. applicatio °f'_ Mar, ilyn (3atz~Love l~e, Matti- tuck, New York for a variance in accordance with the Zoning Ordinance, A//~cle !II, Section 100-30 and Bulk Schedute for permission to divide~ property east side Love Lane, north side CR27, Ma~tuck, ~ York, bounded' on ih~' north by L. Hamilto.n; east by H. Swan- son, Mi ~Long, ~, Csiesak; south by CR27; west by Love 7:55 P.M. (E.S.T~.) upon application of .Eastern Long Island Kampgrounds~ Inc., 690 Queen Street, Greenport, New York for a special excep- tion in accordance with the Zoning'Ordina~lce, Article IH,' Section 100;~0 C6 for permis- ~ ~on to er/~e~.~f.m:emises di- prope~y: sOuth side CR27, east si~e Chapel Lane, Green- port, ~w York, bounded on the north by CR27; east by A. Shames & ors. and L. Delemi- das; sOuth by Village of Green. poJ~h~hapel Lane. ~e'8:05 p.M.~(E.S.T ) upon ~John Mailnowf ! ski, Second Street, New folk, New York for a variance in accordance with the Zoning Ordinance, Article VI~ Section 100-60. Article VII, Section 100-70, and Article VIII, Sec- tion 100-80 for permission to use existing business building for assembly of parts. Location of property: west side Second Street, south side King Street, New Suffolk, New York, bounded on the north .by King Street; east by Second Street; south by H. Apoulk and other land of applicant;, west by Third Street. 8:15~J~¢~. (E.S.T.) upon application of Meyer Rosen- here. Indian Neck Lane, Pc- conic,New York, for a variance in accordance wiUa the aonmg Ordinance, Article II1, Section 100-30 and Bulk Schedule for COUNTY OF SUFFOLK STATE OF NLCNV YORK Sherley KarT, b,e. ing duly sworn, says that she is an Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Lan? Island Traveler-Watch- man once each week for ......... ~ .............................. weeks successively, commencing on the ../..~ ................................. day of .... g .~.~.,. ................ 19..J..~.. Sworn to before me this ...... :'. .............. day ot ............ ............... f f'..'c..~...lx..... L ......................................... ~/ Notary Public CommJssJc;~ ~,:.~ires ~,L,;cti 30, LEGAL NOTICE Notice o/Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended..~uil~ing Zone Ordinance of~4J~e;; ~I'own of Southold, Ne~ 'y~ heari win the Zoning BOard ~ ~j[-'~t the Town Hall, Main~ I~gbuthold, New Yo .r~:~ ~ ~day, December~,~ ~,~.i the onowmg ap!~ ~. 7:30 P.M~ (~,~ ~sed he~.r/~*~ U~O~ ~ ~l~tion of R~ .JX Gray'~l~l~Est. of EliZa~h' C~ ~Fishers 7~45 p.l~i (E.S,T.~i/~)on ap- plication of W~iteri~/~gMarilyn York for a vana~0e m ac- Location of property: east side Love Lane, north side CR27, Mattituck, New York, bounded on the north by L. Hamilton; east by H. Swanson, M. Long, Csiesak; south by CR27; west by Love Lane. 7:55 P.M. (E.S.T.) upon ap- plication of Easter~ Long Island Kampgrounds, Inc., 6~0 Queen Street, Greenpert, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 C 6 f for permission to erect off-premises directional sign. Location of property: south side CR27, east side Chapel Lane, Groenport, New York, bounded on the north by CR~7; east by A. Shames & ors. and L. Delemidns~ south by Village of Greenport; west by Chapel Lane. 8:05 P.M. (E.S.T.) upon ap- )lication of John Malinowski, ]eeond Street, New Suffolk, New York for a variance in ac- cordance with the Zoning Or- dinance, Article VI, Section 100- 60, Article VII, Section 100-70, and Article VIII, Section 100-80 for permission to use existin~ business building for assembly ot parts. Location of property: west side Second Street, south side King Street, New Suffolk, New York, bounded on the north by King Street; east by Second iStreet; south by H'. Aponik and iother land of applicant; west by third Street. 8:15 P.M. (E.S.T.) apon ap- plication of Meyer Rosenberg, Indian Neck Lane, Peconic, New York, for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 1~0- 30 and Bulk Schedule for per- mission to construct dwelling on lot with insufficient width. Location of property: south side Indian Neck Lane, Peconic, New York, bounded on the north by Indian Neck Lane; east by Rust, Cohen; south by Peconic Bay; west by Seagyan Club, Inc. 8:20 P.M. (E.S.T.) upon ap- plication of Advent Lutheran Church, Legion Avenue, Mat- truck, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 D 6(2) for per- mission to erect off-premises directional sign. Location of property: north side Main Road, Mattituck, New York, bounded on the north by Long Island Railroad; east by M. Sidor and Legion Avenue; south by Main Road; west by Associated East Lending Corp., Factory Ave. 8:25 P.M. (E.S.T.) upon ap- plication of Joseph J. Frohnhoefer a-c Joseph A. Esquirol, Jr., 1350 Lupron Point Road, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in front yard area. Location of property: Lupron Point Road, Mattituck, New York, bounded on the north by Right-of-way, M. Keisey; east by B. Mason; south by Deep Hole Creek: west by B. Mason. 8:30 P.M. (E.S.T.) upon ap- plication of Jo Ann Talbot, Nassau Point ROad, Cutchogue, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 32 for permission to construct accessory building in front yard area. Location of property: east side Nassau Point Road, Cut- chogue, New York; Lot 12, Map of Nassau Point Properties, Cutchogue, New York. 8:35 P.M. (E.S.T.) upon ap- plication of Edward an,~ Kathryn Robedee, 1935 Pine Tree Road, Cutehogue, New York for a variance in accordance with the Zoning Ordinance, Article III, cord~il2e with the goning Or- Section 100-30 and Bulk Schedule dina~,~le llI,;~ection 100- for permission to divide property 30 and Blll~hedfile for per- with insufficient width m~d area. mission to divide prgt~r~ w,~i,~.~, ~ ~,ocation of property . e;asL side insufficient width and area Pine Tree Is. Oaa, Cutchogue, Now York; Lot 21A and part of Lot 2g, Map of Nassau Farms, Cut- chogue, New York. 8:45 P.M. (E.S.T.) upon ap- plication of .John Xikis, 32-55 Steinway Street, Astoria, New York (Rudolph Bruer, Esq.) for a special exception in accordance -- with the Zoning Ordinance, Article VI, Section 100-60 B l(b) for permission to construct motel and restaurant. Location of property: south side CR27, Grcenport, New York, bounded on the north by CR27; east by J. ~LR, I )RK, ~ ss: ................... bein~ duI~ Sworn, ; Printer and Publisher of //he SUFFOLK ~ewspaper published at Greenport, in said notice, of which the mmexed is u printed shed in the /mid Suffolk Weekly Times ........................... weeks =ing on the .. F · LF.I~E JT.YI ........... ......... / ~f, 100-30 and Bulk Schedule for permission to construct dwelling with insufficient side yards. Location of property: we~t side Sylvan Drive, East Marion, New York; Lot 10A, Gardiners Bay 1TD15-2~66 Estates, Section H. 9:15 P.M. (E.S.T.) upon ap- plication d Alexander and Ann ,~ Robinson, Jr., 25 Dairy Road, Greenwich, Connecticut c-o W. i, 19.~ Gordon Ahman, Fishers Island, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width. Location of property: Montauk Avenue, above specified. Dated: December 12, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS TO~N OF $OUTHOLD, I~EW YOEK ACTION OF THE ZONinG BOARD OF APPEALS Appeal No. 2380 Dated December 5, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF $OUTHOLD To John Malinowski Second Street New Suffolk, NY 1977 DATE Jan. 12, 1978 Appellant at a meeting of the Zonin~ Board of Appeals on January 12, 1978 was considered and the action indicated below was taken on your ( ) Bequest for variance due to lack of access to property ( ) Request for a special exception trader the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By resolulion of the Board ~ w~ d~ermined th~ a special excepfi~ ( ) be ~a~ed ( ) ~ de~ed pur~ant te Article .................... Sect~n .................... Subs~tion .................... para~aph .................... of the ~nlng Ordinance and the d~isian of the Bulldog Inspector ( ) be reversed ( ) be co~medbe~a~e 7130 P.M. (E.S.T.) - Postponed decision upon application of John Malinowski, Second Street, New Suffolk, New York for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-60, Article VII, Section 100-70, and Article VIII, Section 100-80 for permission to' use existing business building for assembly of parts. Location of property: west side Second Street, south side King Street, New Suffolk, New York, bounded on the north by King Street; east by Second Street; south ~y H. Aponik and other land of applicant; west by Third Street. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties hardship because SEE REVERSE (b) The hardship created (is) (~ not) unique and (would) (would not) be shared by al3 properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( ) be ~ranied ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZtM ZONING BOARD OF APPEALS C © After investigation and inspection, the Board finds that the applicant requests permission to use existing business building for assembly of parts, west side Second Street, north side King Street, New Suffolk, New York. The findings of the Board are that the applicant has been unable to sell, rent or insure a building, formerly a supermarket discontinued in October, 1976, for economic reasons and the building adjoins his residence centrally located in New Suffolk. The business at peak operation required 25 employees, at times, and 10 to 15 daily truck deliveries at peak operation. The residential area surrounding the operation was s~bject to some hundreds of vehicle trips daily by customers using the store. Recently, a possible purchaser has appeared whose operation will, if permitted, virtually eliminate on-street parking and whose business will require only an occasional van-type truck delivery or shipment. The applicant requires a use variance per- mitting the assembly of pre-fabricated electrical stove components and the assembly of other patented gadgets used in the building trade. The nature, size and shape.of these pre-fabricated parts will not be changed. The applicant states that he will not require more than five local employees and a secretary. The largest stove to be assembled will not exceed 6' by 2' by 2'. The owner's cir- cumstances appear to be unique and a severe economic hardship. The proposed limited use will improve rather than deteriorate the- neighborhood by greatly decreasing traffic~ noise and congestion$ The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the i~ediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, John Malinowski, Second Street, New Suffolk, New York, be GRANTED permission to use existing business building for assembly of parts, west side Second Street, south side King Street, New Suffolk, New York, as applied for, subject to the following conditions: %1. Manufacturing as defined in the Ordinance may not be conducted on the premises except that assembly and/or packaging of pre-fabricated electrical oven parts be conducted on not more than 2/3 of the estimated 7,500 sq. ft. of floor space contained in the building. The other 1/3 of the building may be used for display of assembled products and for demonstration. Light cabinet work should be permitted in connection with the oven project. Various small gadgets patented by the applicant and used in the building and related industries may be assembled on the premises and displayed. %2. All uses permitted by this action including display and sale of merchandise and storage shall be confined to the fully enclosed building or premises. %3. At least 10 parking spaces employees. Loading and unloading of on the premises. shall be provided for trucks will be conducted #4. Not more than 8 full or part-time employees, including office help, may be employed on the premises. ~5. Any change in the applicant's conduct of the business as herein described shall be referred for approval or disapproval to the Board of Appeals. Any question regarding interpretation of the foregoing shall be referred to the Board of Appeals. %6. The Board of Appeals shall review this application within two years from the date the action becomes final. Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis, Doyen. ~'~E GAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building .Zone Ordinance of the Town of Southold, New York, p~blic hearings will be held by the Zoning Board of Appeals at the Town Hall, .M~ Road, Southold, New York, on Thursday, April 13, 1978, un the following appeals: 7:30 P.M. (E.S.T.) upon application of John Malinowski, Second Street, New Suffolk, New York, to rescind variance granted on Janu.ar.y 12, 1978, giving ~i~eas building for assembly of parts. Locatiun of ~trty: west side Second , south side King Street, New Suffolk, New York, boanded on the north by King Street; east by Second Street; south by H. A. poulk and other land of applicant; west by Third Street. 7:35 P.M. (E.S.T.) recessed hearing upon application of Patrick Edward and Linde Martz Lyons for a special Marion, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct dwelling on un- dersized lot. Location of property: Stepbenson Lane (tNt. Rd.), Orient, New York, bounded on the north by Private Road; east by Bur- nham; south by Old Main Read; west by Lomas. 8:00 P.M. (E.S.T.) upon application of Mattituck Anchor Inn Corp., Box 18, Mattituck, New York for a special exception in ac- cordance with the Zoning Ordinance, Article HI, Section 100-30 C 6(fi for permission to erect off-premises, directional sign. Location of property: Sound Avenue, Mattituck, New York, bunnded On the north by Sound Aveime; ~east by Pylko; south and west by J. Megllo. 8:10 P.M. (E.S.T.) upon application of Mr. and Mrs. Charles L. Westanberg, 795 Bayview Drive, East Marion, New York for a vm'iance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to ~constroct ad- dition with inshfficient front yard setback. Location of property: Bayvie~ Drive, East Marion, New York, bounded on the north by Stiege; east by Bayview Drive; south by Bayview Drive; west by Cordes. 8:25 P.M. (E.S.T.) upon application of Mr. and Mrs. David Ricereto, Oregon Road, Cutchogue, New York (An- thony B. Tohill, Attorney) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct dwelling with in- sufficient side yard setback. Location of property: Right- of-way, north side Oregon Read, Cutchogue, New York, bounded on the north by Long Island Sound; east by Baxter; south by Kropski; west by Gallagher. 8:40 P.M. (E.S.T.) upon application of Southold Savings Bank, Main Road, Southold, New York (Richard Lark, Attorney) for a variance in accordance with the Zoning Ordinance, Article XI, Section 100-112 H for permission to construct accessory off- premises parking lot in excess of 200' from main promises. Location of property: East side Railroad Avenue ( Youngs Avenue), Southold, New York, bounded on the north by P.B.M. Associates; east by Rich; south by Eiseman; west by Railroad Avenue. 9:00 P.M. (E.S.T.) upon application of Cynthia Mahnken, Box ,311, Pur- cellville, Virginia (Gary Olsen, Attorney) for a variance in Accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to set off lot with insufficient width and area. Location of property: Horfon Lane, Southold, New York, bounded on the north by Conway; east by Hortun Lane; south by Grattan; west by Groeofield Acres Sub. -9:lSP.M. (E.S.T.) Recessed hearing upon application of Philip J. Ofrias, Jr., Bayview Road, Southuld, New York, for a variance in accordance with the Town Law, Section 280A for approval of access. Location of property: Right- of-way, east side Laurel Avenue, Southold, New York, bounded on the north by Mill Creek; east and south by R. Lang, Jr.; west by Mill Creek. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: April 3, 1978 BY ORDER OF THE SOUTHOLD exception to reinstate non- TOWN BOARDOF cmfforming, twO-family use, APPEALS :.north side Main Road, Orient, 1TA6-2~64 · New York. 7:~0 P.M. (E.S.T.) upon _application of Mark S. (continued on oage 26i COUNTY OF SUFFOLK, STATI~ OF NEW YORK. ~ ss: ...T~.0.Y. C,.I!?.T.A.v.?.O~ .................. being duly Sworn, says that ... ltl~., is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published ~rt Greenport, in s~id county; and that the notice, of which the annexed is a printed ~opy. h~s been published in the s~id Suffolk Weekly Times once in each week, fur ....... .a.N~.. ................ weeks successively commencing on the ... C~XT}l ................ d~y of .... APP~~ ~. 1~7.8. ........' .................... Sworn to befo~ me, this . ( ......, . LEGA .~_.~?TICE ~e of Heatings Pursuant to Section 267 of the Town Law an~ the provi- sions of the Amende~Boilding Zone Ordinance of the Town of Southold, New Yorl~, public hearings will be held by the Zoning Boat:ti of 'A~peals at the Town Hall, Main Road, b°uthold, New York, on Thurs- ~ay, April 13,. 1978, on the follua4n,~meals: li'~..3(~--~p. M~. -'(E. S.T. ) upon~ a~p6~.,~d~.. &f/John Malinow- ski, Second ~treet, New Suf- folk, New ~%3~i to rescind variance granted on ,January 12, 1978, giving permission to use existing business building for assembly of parts. Location of prOperty: west side Second Sl'f~t, south side King Street; eas~:~y ~S~cond Street; south b}~ I'I. ~gonlk and other land of ap~J[cant; west by Third Street. 7:30 P;M. (E.$.T.) recesse~ hearing'itpon application of Patrick Edward and Linda Martz Lyons for a special exception to reinstate non- conforming, two-family use, north side Main Road, Orient, New York. 7:50 P.M. (E.S.T.) upon application of Mark S. Shar- man, 355 West Lane, East Marion, New York for a var- iance in accordance with the Zoning Ordinance, Article 111, Section 100-31 and Bulk Schedule for permission to construct dwelling on under- sized lot. Location of property: Stephenson Lane (Pvt. Rd.), Orient, New York. bounded on the north by Private Road; east by Burnham; south by Old Main Road; west by Lomas. 8:00 P.M. (E.S.T.) upon application of Mattituck An- chur~In~ ,Cprp,,, Bp:f 1~, Matti- tu~k ~qew York for a special exceptio~ in a~:co~dance with the Zoning Ordinance, Article 111, Section 100-30 C 6(f) for permission to erect off-pre- mises directional sign. Loca- tion of property: Sound Av- enue; east by Pylko; south and west by J. Meglio. 8:10 P.M. (E.S.T.) upon application ~f Mr. ~tnd Mrs. Charles L. Westenberg, 795 Bayview Drive, East Marion, New York for a variance in accordance with the Zoning Ordinance, Article III', Section 100-31 and Bulk Schedule for permission to construct addi- tion with insufficient front COUNTY OF SUFFOLK STATE OF NEW' YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is o printed copy, has been published in said Long,Island Traveler-Watch- man once each week for ......................................../ weeks successively, commencing on the ~: Sworn to before me this ........ /. ............. day .............................. at FORM NO, ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................... Date ........................................................ , ....... ..................... /v'~'"'~~:" PI-EASE T^KE NOTICE thc~ !~ur application dated ~ ...... i ...... ~'~i'''''-~T''''~ ....... ' ~ for permit to(.xaCtltJ;u~ ~--.~r~ e.~' ~. ~ .............. ......... ~op .............. ~ .......... ~,o~k ....... ~ ...................... ,~...~ ....................... ~ .ret~med herewith and disapproved on the following grounds .~.~Z~Z;~.~.~;<(~....-?./... ........ ~ ....... ,:.~ ....... ~..~..~.,.~...:~:'..~.~.,.~...: ................................ .~.~....~:::....r~...~....e..~...--~.~..r~o.-~.~.f~e~,~~,~,.~.~.~ O TOWN OF $OUTHOLD, NEW YORP APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~.~ ~ DATE ?...e.~..e..m.b...e.~.....5..,....19 ? ? TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ], ............................. of ............ ........................................ Name of Appellant Street and Number ................ ~.~w..~uffD. lk ........................................................ ~¥,~. ........... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .........~)..-~. .......... ~> i.?t..~..'~ ............ WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY TO UL~E EXISTINg; "B" BtL~INL~S BUILDING FOR DISPLAY & A~SEMBLY PURPO£ES. LOCATION OF THE PROPERTY ..... ~.J:.n..g.....&.....S..e..9..°...n.~...S.~.: ................................... '.'..B..?. ............. Street Use District on Zoning Map Map No. xxxx Lot No. xxxx 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.) Art. VI, Sec. 100-60 & Art. VII, Sec. 100-70 & Art. VIII, Sec. 100-80 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. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~:~ (has not) been mode 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 Variance to Section 280A Subsection 3 X) A Variance to the Zoning Ordinance ) ~s requested for the reason that property has been vacant for some time, and I a buyer for the property subject to obtaining a variance, as part of buyer's business requires approval of the Zoning Board of Appeals. have (Continue on other side) REASON FOR APPEAL 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because SE~ ATTi%CHED SUBMITTED BY THEODORE CHRIS THE PROSPECTIVE PURCHASER 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 SEE ATTACt~D 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because SEE ATTi%CHED STATEOF NEWYORK ) ~ .~ ~ COUNTY OF ~O~¢-~,~ ) ~ Signature ......... ....~ ................. ~.. day of .......... ..~......~..~ .................. 19 ~ NOTARY pUbLiC, The building and property I am plannin? to acquire is situated in New Suffolk. The purpose of buying this building is to assemble a new electrical product, an oven and demonstrate this product. The buyers shall come into the premises and see the demonstration of the machine. There will be light cabinet work for the s~me project. We also have patents for various g~djets to be utilized in building and other uelated assembled on the,premieres and country. industries. These will be sent to other parts of the The only traffic will be five employees and any buyers who come in to see the demonstrations. There will be no trucks. I will occupy the apartment upstairs. I plan on utilizing the interior of the building~ the land around it will be unchanged. This project includes ~atented items and shall bring enormous benefit to th~ community. Sincerely yours, Theodore i~ris TOWN QF SOUTHOLD I~tOPERTY RECORD CARD -' CNVNER ;TREET VILLAGE LOT FORMER OWNER DISTRICT SUB. LAND SEAS. IMP. NEW Tillable I Tilldele 2 Tillable 3 Total ,5'O O NORMAL BELOW ABOVE Acre Value Per Acre Value /.,2.. Telephone 765 ~.~8 0 2 APPEAL BOARD MEMBERS Robert VL Gillisple, Jr., Chairmen Robert Bergen Charles Grigonis, Jr. Serge Doyen, Jr. James Maimone MINUTES Southold Town Board of Appeals March 23, 1978 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (E.S.T.), Thursday, March 23, 1978, at the Town Hall, Main Road, Southold, New York. There were present: Messrs: Robert W~ Gillispie, Jr., Chairman; Charles Grigonis, Jr.; Serge Doyen, Jr.; James Maimone. Also present: Shirley Bachrach, League of Women Voters. 7:30 P.M. (E.S.T.) - ~. John Malinowski, Second and King Streets, New Suffolk, New York, requested an informal discussion with the Board relative to a variance he received on January 12, 1978, for his building on King and Second Streets in New Suffolk. JOHN necessary Town save not going MALINOWSKI: to fight it, their money. to take it. Mr. Chris backed out and I don't think it's it's better to drop the case and let the ~t's no use to rezone the place now, he's THE CHAIRMAN: 'Right. It seems to me that this is about as specific a variance as you could produce. There wouldn't be one in a hundred thousand others who could exactly fit this variance. You would incur quite a bit of additional expense if you had to defend this. EDWARD J. BOYD, ESQ.: That is correct and it's also a matter of saving the Town the expense, there's no point in it. As soon as we found the deal with Mr. Chris had died and was beyond any form of redemption, I was in contact with Town counsel to advise them of that and we formulated the idea that, with your approval, we would ask that this particular variance be withdrawn, rescinded, so that it would render the action that is presently before the Supreme Court mute and hopefully will end any further expense here. Certainly Mr. Malinowski appreciates the consideration that was given to him in the granting of the variance in the first place. We appreciate how specific the variance was, and, as you said, there's not a chance is a hundred or a thousand that anyone else would come along who could fit the specific terms you tailored for Mr. Chris' operation. Southold Town Board of Appeals -2- March 23, 1978 THE CHAIRMAN: That's why it was so difficult, of course most people don't understand Zoning too well, but obviously if you had a change of zone it would have been much worse for New Suffolk because any one of a number of things could go into a change of zone such as Light Industrial. It would be unlikely that the Town would ever change the zone to Light Industrial right in the middle of a residential area so that the proper solution in this case was to come to the Board of Appeals for a variance which we thought would greatly lessen the difficulties that existed there before. In other words, New Suffolk would have enjoyed quieter, less traffic and so forth. Whether you can get somebody else that would occupy the place under the same conditions, I don't know. In other words, if you get somebody else it may be worse than the one they had, I don't think the people in New Suffolk realize what a good deal they had. EDWARD J. BOYD, ESQ.: Whether we get anyone else at all is the question to which we must address ourselves. THE CHAIRMAN: There are several places around town where nobody has appeared at all to rent buildings, as you probably know. I think that, in the past, we have rescinded at the request of the applicant, but Counsel thinks that we should formally schedule this for the next meeting and do it with adequate public notice, so that's what we'll do. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED, John Malinowski, Appeal No. 2380, be scheduled for rescinding at'7:30 P.M. (E%S.T.), Thursday, April 13, 1978. Vote of the Board: Ayes: - Messrs: Gillispie, Grigonis, Doyen, Maimone. 7:45 P.M. - Review of Appeal No. 2161, Howard Zehner, Young's Boatyard and Marina, Sage Boulevard, Greenport, New York, to insure that there is adequate parking for the membership club. (The Chairman read the July 22, 1976, action of the Board, granting Howard Zehner permission to organize a membership club, subject to the condition that the Board review the parking.) THE. CHAIRMAN: We're a little late in checking on this but our deligent secretary found this and so we're bringing it to your attention now. I think one of the reasons we wanted .to review it was that nobody had any idea how many members there would be or how many parking spaces would be needed. Are you here for this? DOROTHY ZEHNER: Yes. XXXX 1802 XXXXXXXXX J~s ~&imone May 5, 1978 Francis J. Yakaboski, Esq. Smith, Finkelstein, Lundberg, Yakaboski and Crimmins Riverhead, New York 11901 Re: John Malinowski Appeal No. 2380 Dear Frank: Relative to the above captioned matter, enclosed please find a certified copy of the Board's action May 4, 1978. Please be advised that Mr. Goodale stopped this morning for a photostatic copy of this action. Yours truly, bcc Enclosure BABETTE C. CONROY Secretary Second and King Streets New Suffolk, New York March 6, 1978 Zoning Board of Appeals Town of Southold Town Hall, Main Road Southold, New York 11971 Re: Appeal No. 2380 Gentlemen: In light of changed circumstances which directly affect the in- tended use of the real property which is the subject of the above- referenced Appeal, I respectfully request that this matter be re- stored to the calendar at the next meeting of the Zoning Board of Appeals so that I may appear and make the Board of the present state of facts as they relate to this property. Sincerely yours, John Malinowski APPEAL BOARD MEMBERS Robert ~/. Gillispie, Jr., Chairman Robert Bergen Charles Grigonis, Jr. Serge Doyen, Jr. ,.T ~me s ~..~on e Southold Town Board of Appeals SOUTHOLD, L. I., N.Y. 119'~1 Telephone 765~ 1802 March 13, 1978 Mr. John Malinowski Second and King Streets New .Suffolk, NY 11956 Dear Mr. Malinowski: In response to your letter of March 6th, please be advised that you have been scheduled for an informal discussion with the Board at 7:30 P.M., Thursday, March 23, 1978. ~Me~c e~t~r~awtrUly .yours, A. A. Zamphiroff 2nd & Main Streets New Suffolk, N.Y. 11956 January 25th, 1978 New Suffolk Civic Association Inc. P.O. Box 642 New Suffolk, N.Y. 11956 Gentlemen: I received your form letter dated January 18th, 1978, only this morning and hasten to reply as I will not be able to attend the meeting. I am certainly very unpleasantly surprised to learn about the re- zoning of the New Suffolk Market Place at King and Second Streets from "Business B" to "Business B-l" and from "Business B" to "C" -- light industrial district. New Suffolk is one of the few remaining little resort hamlets and should be preserved as such. If a food store or any other kind of suitable store would move into the N.S. Market Place, I believe, one could live with it but to "industrialize" this quaint village is certainly going to ruin this area. The noise, pollution etc. would be unbearable in this quiet residential area and would drive families with children, who liked to spend their vacations in the quiet and safety of New Suffolk, away. This would cause hardship to the people who make their living renting summer places, could force them to sell their properties and decrease property values. As a resident ~d t~x-payer I strongly protest and object to this change "in business use". Yours very truly, Board of Appeals Southold Township So'old, N.Y. 11956 ~25 BROAD STREet NEW YORK, N.Y. 10004 January 11, 1978 Board of Planning Appeals, Southold Town Hall, Southold, Long Island 11971. Re: Property located on corner of Second Street in New Suffolk: formerly John's Store Gentlemen: We are residents of 685 Orchard Street, New Suffolk, and are writing to place our objection in the record to the proposed re-zoning of the property located on the corner of Second Street in New Suffolk formerly the site of John's Supermarket. The proposed re-zoning from retail to light industrial use constitutes in our view, an unwarranted change in use which will downgrade a unique residential area and disrupt the village of New Suffolk. We are particularly concerned with the long term implication of such re-zoning in New Suffolk. If the proposed purchaser in the future sells or leases this property another light industrial occupant may put the property to different light industrial use which would further impinge on the quality of New Suffolk. Once this re-zoning is permitted the residents of New Suffolk will not be able to control or influence the type of business which occupies the property. We, therefore, respectfully request you to place our objection to the proposed re-zoning in the record, and further, ask you to deny the application. Very truly yours, Carl and Angelica Cannon Second & King Streets New Suffolk, New York January 10, 1978 Zoning Board of Appeals Town of Southold Town Hall, Main Moad Southold, New York 11971 Gentlemen~ I would like this opportunity to put in writing some of the facts concerning my New Suffolk business property. ~nese facts were stated at the public hearing of December 22, 1977 by either Mr. T. Christ or myself but they may not have been properly noted due to the length of the hearing on my application. 1) During my active use of this business property I operated a large retail grocery supermarket which employed more than 25 people. To properly supply this business with the fresh provisions and stock required for resale necessitated deliveries by approximately 10-15 trucks each and every day the store was open. In addition to the ~I comings and goings of these trucks and my employees'cars there were always many cars belonging to my customers parked in the area. 2) Since I closed my retail store at New Suffolk in October~ 1976 I have been trying unsuccessfully to sell the property. ~e~ause of the large size of the building there have been no intere~ed buyers before Mr. Christ. Because of the large size of t~bui~lng and the fact that it is unoccupied ( I can't even find anyone ~5 rent it) it is impossible for me to get proper fire insurance for'the property. If I am not able to sell this property to Mr. Christ~it will remain empty and will be a constant drain on my finances through repair costs, taxes, etc. The continued ownership of this property in its present condition represents a substantial hardship to me. 3) From my talks with Mr. Christ and his statements to your Board I know that he and his business will be good neighbors to New Suffolk and will be good for New Suffolk. In s~ying this you must remember that I live directly south of the building I want to sell to Mr. Christ and whatever is done there will affect me and my wife more than anyone else. I would not sell to Mr. Christ if I believed that his business would be bad for New Suffolk. ~l~ank you for the consideration which you are giving to my application. I hope that you will approve it as that is the only way in which I will be able to sell this property. cerely yours, John Mallnowski ?he building and property I am planning to acquire is situated in New ~uffolk. The purpose of buying this building is to assemble a new electrical product, an oven and demonstrate this product. The buyers shall come into the premises and see the demonstration of the machine. There will be light cabinet work for the same project. ~le also have patents for various gadjets to be utilized in building and other related industries. These %~ill be assembled on the premises and sent to other parts of the country. ~he only traffic will be five employees and any buyers who come in to see the demonstrations. ?here ~ill be no trucks. I ~ill occupy the apartment upstairs. I ~lan on utilizing the interior of the building: the land around it will be unchanged. ?his project includes patented items and shall bring enormous benefit to the community. ~<incerely yours, Theodore Chris O O JUDITH T. TERRY TOWN C~ERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 December 6, 1977 TELEPHONE (516) 765-1801 To: From: Southold Town Zoning Board of Appeals Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 2380, application of John Malinowski for a variance. Also included is notification to adjoining property owners as follows: Helen Aponik, Third Street, New Suffolk, N.Y.; Mr. & Mrs. R. Kneuer, Second Street, New Suffolk, N.Y. ~Terry~ Town Clerk JTT/bn cc:file 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 request a (Variance) {~ali~l:~:at2~kol) (fita:eMld~3ela~it) (tl~~,aief: }. 2. That the property which is the subject of the Petition is located adjacent toyour property and is des- cribed as follows: SW corner of Second St. & King St.w New Suffolk~bounded by Second St., King St., John Malinowski, Helen Aponik 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: Part of business done on premises will require approval of board. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare: Art. VI, Sec. 100-60 & Art. VII, Sec. 100-70 & Art. VIII,Sec. 100-80 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 mav 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: December 5, 1977 John Malinowski Post Office Addres~econd St. New Suffolk, N.Y. NAME PROOF OF MAILING OF NOTICE ADDRESS Helen Aponik Mr. & Mrs. R. Kneuer Third St., New Suffolk, N.Y. Second ~' ot., New Suffolk, N.Y. STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: John Malinauskas , residing at Second & Kinq St. M~w .~,,~:Fnl 1~: M~w ¥nrk , being duly sworn, deposes and says that on the 5 th day of December ,19 77 , 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 Southo ld: N~w Ynr]c ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this 6 th day of Decembe_______~_r ,19 77 ; ~ NotarFPublic ' [ - 4(¢) ~ 6 4 6 2.6A 3O?' 0 Z9 $4 SchOOl CU TCHOGU£ HAH 5 18 SEE "' 2.6A(c} 16 t8 22: pECONIC BAY UNLESS ORAWN OTHERWISE. ALL PROPERTIES ARE WITH ~ THE FOLLOWING DISTRICTS: Rev,sions J KEY MAP NOW OR FORMERLy ROSE WE88 Survey for JOHN ~ HELEN MALINOWSKI New Suffolk Town of Southold Suff. Ccz, N.Y Sca le: i'L 20' Sept6,1957 JAN 9 REC'D EUARaNTEED TO: SAG HARBOR SAVINGS BANK TITLE GUARANTEE 8~ TRUST CO.