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HomeMy WebLinkAbout2403 TOW~ OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS AppealNo. 2403 Dated April 13, 1978 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mattituck Anchor Inn Corp. Box 18 Mattituck, New York 11952 DATE ~...i.,.._.l 978 Appelant at a meeting of the Zoning Board of Appeals on April 13, was considered and the action indicated below was taken on your ( ) Request for variance due to lark of areess to property ~ ) Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance ( ) 1978 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board ~ was determined that a special exception ( ) be ~a~ed ( ) be de.ed pursuant to ~t~Ie .................... ~ct~n .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decis~n of the Building I~pector ( ) be reversed ( ) be co~irmed because 8:00 P.M. (E.S.T.) upon application of Mattituck Anchor Inn Corp., Box 18, Mattituck, 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: Sound Avenue, Mattituck, New York, bounded on the north by Sound Avenue, east by Pylko; south and west by J. Meglio. 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 practical difficulties or unnecessary (b) The hardship created (is) (is not) umque and (would) (would not) be shared by all properties alike in the immediate vieinlty 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 ( ) be denied and that the previous decisions of the Building Inspector ( ) be con/irmed ( ) be reversed. SEE REVERSE APPROVED zoniNG FOR~ ZB4 ~~..~ After investigation and inspection, the Board finds that the applicant requests permission to erect off-premises directional sign, south side Sound Avenue, Mattituck, New York. The findings of the Board are that it has been the policy of the Board to grant directional signs to restaurants, motels, etc. in the interest of the travelling public. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of the neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. THEREFORE, IT WAS RESOLVED, that Mattituck Anchor Inn Corp., Box 18 Mattituck, New York, be granted permission to erect off-premises directional sign, Sound Avenue, Mattituck, New York, as applied for, subject to the following conditions.: 1. The sign shall be located no closer than 5 feet to any property line. 2.. The Vote of Maimone. sign shall be no larger than 3 feet by 2 feet. the Board: - Messrs: Gillispie, Grigonis, Doyen and 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 Hail, Main Road, Southold, New York, on Thursday, April 13, 1978, on 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 January 12, 1978, giving 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. 7:35 P.M. (E.S.T.) recessed hearing upon 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. Sharman, 355 West Lane, East Marion, New York for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct dwelling on undersized 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 Anchor Inn Corp., Box 18, Mattituck, 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: Sound Avenue, Mattituck, New York, bounded on the north by Sound Avenue; east by Pylko; south and west by J. Meglio. ~ Mariou,. New York for a g Ordinance, Article III, Scciion 100-31 and Bulk Schedule for permission to construct dwelling on un- · dersized lot. Location of property: Stephenson Lane (Pvt. Rd.), Orient, New York, bounded on the north by Private Road; east by Bur- nhami south by Old Main Road; west by Lomas. 8:0O P.M. (E.S.T.) dpon application of Mattituck Anchor Inn Corp., Box 18, Mattituck, New York for a special exception in ac- cordance with the Zoning Ordinance, Article III, Section 10O-3~ C 6(f) for permission to erect off-premises directional sign. Location of property: Sound Avenue, Mattituck, New York, bounded On the 'north by Sound Avenue; e~st by Pylko; south and west by J. : Meglio. · 8:10 P.M. (E.S.T.) uoon application of Mr. and I~. Charles L. Westenberg, BayView Drive, East Mariop, New York for a variance'ih accordance with the Zoning Ordinance, Article III, Section 100-31 and B~lk Schedule for permission to construct ad- dition with insufficient front yard setback. Location of property: Bayview 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- thon~ B. Tghili, Att.omey) (Or COUNTY OF SUFFOLK, STATE OF NEW YORK, ? ss: ...?.9?. .................. being duly Sworn. says that .. ~.... is Printer and Publisher of ~e SUFFOLK WEEKLY TIMES, a news~per publish~ ~ Gr~nport, in ~id county: and ~at the noti~, of which ~e ~e~ is u wint~ ~py, has been published in the ~d Suf~lk W~k~ Times ~nce in P~ch w~k, ~or O~ weeks suc~ssiv~ly commencing on ~e ...... CIXT~ ............. ....... :./. ................... to ~for~ me this . Swo~ { ~CY ~ DO**G~ASS~ LEGAL NOTICE Notice of Hearings Pursu~,nt ~6 Section 267 of the Town 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, New York, on Thurs- day, April 13, 1978, on the following appeals: 7:30 P.M. (E.S.T.) upon application of John Malinow- ski, Second Street, New Suf- folk, New York, 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 Street, south side King Street; east by Second Street; south by H. Aponik and other land of applicant; wesL by Third Street. 7:30 P.M. (E.S.T.) recessed hearing upon appllcation 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. Shat- 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 est by Lomas. (E.S.T.) upon Mattituck An- , char h~n Carl?., Bp~ 18, Matti- ' tuck~ N~' Yor~ ~'9r ~ specialI exception in accordance with the Zoning Ordinance, Article Ill, Section 100-30 C 6(0 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.J (E.S.T,) upon application of Mr. and Mrs. Charles L. Westenberg, 79S Bayview Drive, East Mariom New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 ant} Bulk Schedule for permissioI~ to construct addi- tion with{ insufficient front yard setba:ek. Location of pro- perty: Bayview Driv. e, E.as~ 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 a printed copy, has been published in said Long Island Traveler-Watch- man once each week for .......... Z ............................weeks successively, commencing on the ...~.~. ................................. ~ ............................ , 19.....:... Sworn to before me this ...... /. ................ day at .................... 19../.. ...... FO~ NO. $ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL PLEA.SE TAKE NOTICE that your app teton dated ~f/~ ~e~/s~ ~1~c~/~'"'~'7~ .......................................... for permit to construct ............... ~ ..................... at the premises located at .................................... ...~ ~OUAI~ ............................................................. ~ Street ~t~ ~~ ~ap .................................... Bilk ............................................ Lot ................................................ is returned/herewith and~isappr~ed on the fo owna grounds .... ~ c, ~ ~, ~ ~ J, ~ ,/[ ,~,~ ,~ ......... : ..................... ~' ..................... ...... 4 .....'~.~.~. · Building Inspector IPOR~ NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERIC'S OFFICE SOUTHOLD, N. Y. Examined ........................................, 19 ........ Approved ........................................, 19 ........ Permit No ..................................... Disapproved a/c ............................................................................................ Application No ................................. (Building Inspector) APPLICATION FOR BUILDING PERMIT / Date 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 ofproperty must be drown on the diagram which is port of this application. 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 Department 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, housing code, and regulations, and to admit authorized inspectors on premises and in buildings for necessary inspections. (S'g ature of applicant, or name, if a corpolroHon) .... .../. ........ ..... applicant) / State whether applicant is owner,/r,) "- - .lessee, agent, architect, engineer, general contractor, electrician, plumber or builder ....... ............ (Na~_~/and title of corporate officer) Builder's License No ..................................................... Plumber's License No ................................................. Electrician's License No ............................................. Other Trade's License No ............................................... 1. Location of land on which proposed work will be done. Mop No.: ........................................ Lot No ............. S,r,t and Number .................................... ...... .............p 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Exisiting use and occupancy ................................................................................................................................ b. Intended use and occupancy ................................................................................................................................ 3. Nature of work (check which app~'~ble): New Building. ................. Additio~ .................. Alteration ............... Repair Removal .................. Demolition .................... Other Work ...~..1..~..~.....~...~.........~..?..~ .................. (Description) 4. Estimated Cost ............~. .......... .~.-Z.~. ......................... ~....Fee .......................................................................................... (to be paid on filing this application) 5. If dwelJing, number of dwelling units ............................ Number of dwelling 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 structure with alterations or additions: Front .................................... Rear ............................ Depth ................................ Height ............................ Number of Stories ................................ 8. Dimensions of entire new construction: Front .................................... Rear ............................ Depth ........................ Height .................... Number of Stories ..................................................................................................................... 9. Size of lot: Front ........................................................ Rear ......................................... Depth ................................ 10. Date of Purchase ........................................................ Name of Former Owner ........................................................ 11. Zone or use district in which premises are situated ..................................................................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation: ........................................................ 13. Will lot be regraded . ........................... Will excess fill be removed from premises: ( ) Yes ( ) No 14. Name of Owner of premises .................................................... Address ................................ Phone No ....................... Name of Architect .............................................................. Address ................................ Phone No ....................... Nome of Contractor ............................................................ Address ................................ Phone No ....................... PLOT DIAGRAM Locote clearly and distinctly all buildings, whether existing or proposed, and 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 YORK, ~S S COUNTY OF ................................ f ' ..~ ...I~....~..C~..~.:....~...~..~..~...~..~...~...~..~J...~....t~.. .............. being duly sworn, deposes and says that he is the (Name of individual signing contracf) of said owner or owners, and is duly authorized to perform or have performed the said work and to ~ke and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set fo~h in the application filed therewith. S~ef°red~tho~ ~~ , 19~Z ~J ~ , ~ ..... .............................. ~'-~-~"'~~ ~ (Signature of a~ont} NOTAR~UBLIC, State of New York No. 52-4643721, Suffolk Cou~t~ ~erm Expires March 30, 19~ TOWN OF 8OUTHOLD, NEW YORK ~O A.PPLICATION FOR SPECIAL EXCEPTION APPUC~,TION No. ~'~3 TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. ¥. I, (We) ........................................................................................ of .................................................................................................... Name Street and Number ................. ~~ ............................................................................ 0.,~.? ................... t..~.~..~.~ .............. Munlcipal~ty State hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE ARTICLE SECTION SUBSECTION THE SPECIAL EXCEPTION IS REQD-ESTED BECAUSE COUNTY OF ) Sworn to~th~ .....~...~..~ ........ day ~..~..~.~....., 19..2~ .... ~0~4~V~.~ Notary Public MARY E. DAWSON NOTAEY PUBLIC, State ol New York No. 52-4643721,o Sutfolk Cou~ Term Expires M.rch 30, 19Y~ FORM ZB2 :K JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 March 28, To: Southold Town Zoning Board of Appeals 1978 TELEPHONE (516) 765-1801 From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2403, application of Mattituck Anchor Inn - Howard J. Kol~enheyer for a special exception. Also included is notification to adjoining property owners as follows: Mary Pylko, Main Bayview Road, Southold, N.Y.; Joseph Miglio, 5 Dogwood Street, Farmingdale, N.Y. JTT/bn cc:file Enc./ Town Clerk Town of Southold Board ef Appeals Suffolk County Department of Planning H. Lee Dennison F:~cutive Cffice Building Veterans Nemozial Highway llauppauge~ New York 11787 (516) 979-2918 April 19, 1978 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the foll~.;ing applications which have been referred to the Suffolk County PlanninF Co~ssion ara considered to be a matter for 10cal determination. A decision of local deter~nation should not be construed as either an approval or a disapproval. Applicant Hunicipal File Number Mark S. Sharman Mattituck Anchor Inn Corp. Mr. & Mrs. Charles Westenberg 2402 2403 2405 Very truly yours, Lee E. Koppelm~n Director of Plannins Gerald G. N~¢man Chief Planner Town Of Southold TOWN CLERK 765-3783 Building Dept. l Planning Bd. 765-2660 Board of Appeals TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 Pursuant to the General Municipal Law. Chapter 24. of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the ...Boa~d...of...~::~pule .......... of +he town of Southold. N. Y. hereby refers the following (agency invorved) proposed zonir~g action to the Suffolk County Planning Commission: (check oneJ New and recodified zoning ordinance lt~ttit~lok ~.tlohor l'tl~ Coz'p. ........... Amendment to +he zoning ordinance P.O. BOX 18 Matttt~ck~ l~ 11952 ............ Zoning changes .X ....... Special permits ............ Variances Location of affected [and: ...~(~...~.v...~t~L~.l~C~.,.l~' .................................................... within 500 feet o{: (check one or more) ............ Town or village bounden/ line · .X ........ State or county reed, parkway or expressway ............ 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 e public building is situated Comments: The applicant was granted permission to erect off-~remises directional sign subject to the condition that the sign shall be at least 5' back from the property line and no larger than 3~ by 2~. 0ara: Apri~...~.4,...!97~ .......... Chairman Title Date received by Suffolk County Planning Commission ................................................................. File No ................................ ° O. Box 18 Mattituch, L.I., New York 11952 · Phone 516-298-8989 TOWN of SOUTHOLD March 15 1978 SOUTNOLD, NEW YOI~K GENT~.k~EN: I HAVE GIVEN MY CONSENT TO TI~E ANCI~OR INN TO PLACE ON MY PROPERTY A DIRECTION SIGN TO TREIR PLACE OF BUSINESS. LOCATI ON: VERY RESPECTFULLY YOURS GABE KOUSOUROS SOUND AVE AT COX NECK ROAD ON SOUTH SIDE AT NORTH FORK FENCE SITE Iilrch 15 1978 Nr. Joseph Niglio 5 Dogwo~ 8~reet Farmingdale, Dear Sir, We have permission co erect a small direction sign on ~he ad~oining property co yours on g~mnd Ave, Naccl~uck. The si~e is presently occupied by the Horth Fork Fence Co, and the property o~nerhas ~ranted us chis approve1, According to the Southold we are obliged to inform you of the intent Co install said sign0 it*s dimenoionswill be no larger them 36" x 24". Thank you The Anchor Ion Ioward J. Kolbenheyer BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the TO: Board of Appeals of the Town of Southold YOU ARE HEREBY GIVEN NOTICE: NOTICE 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to r~quest a (~llNIl~c.e) (Special Exception) (S~rmit) (the following relief: ~/..' ~ - ,~ ,~ - I ,J' - I/ t cribed as2'follows:That the pro pr.r~y~::z:::l~:~which is the~subject o.f the~:.~.Petition is c~l°~ated adjacent to your property and is des- 3. That the prop~ty which is the. subject of such Petition is located in the following zoning district: c~ 4. That by such Petition, the undersigned will request the following relief: 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: ~ o o ~ _~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of suc~h 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: ! Petitioner Post Office Address NAME PROOF OF MAILING OF NOTICE ADDRESS ~W~ ~)~ ~-~ , residing at c~/~.L~ Yt~4 f I '~ ~'~o , being duly sworn, deposes and says that on the ~ day of '-~lA01,~ f ,19 -7 o~ ., 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 a~essment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ~ ~/~ ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to b'0 o~e.T,p,p~;, me this c:~ ~_F/~ Notary Public MARY .F.. DAWSON © © MATCH .~, LINE FOR PARC[L NO. SEE SEC. NO. II3 4A \\ \ 3.6A(c) LONG LIGHTING CO 8 4 71.5A 70.8A(c)