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HomeMy WebLinkAbout2487 TOWN OF SOUTHOLD, NEW YOKK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2487 Dated October 19, 1978 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOVFN OF SOUTHOLD To North Fork Bank and Trust Company 245 Love Lane Mattituck, New York 11952 (Abigail A. Wickham, Attorney) Appellant at a meeting of the Zoning Board of Appeals on November 9, 19 7 8 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 ( ) the appeal 1. SPECIAL EXCEPTION. By reso~tion of the Board ~ was determined th~ a ~ecial exc~tion ( ) be graul~ ( ) ~ ~ed pursuant in ~tk~ .................... ~ctEn .................... S~sect~n .................... paragra~ .................... of the Zoni~ Ordinance and the ~cision of the Building I~pector ( ) be reversed ( ) be co~irmed b~ause 7:45 P.M. (E.S.T.) Upon application of North Fork Bank and Trust Company, 245 Love Lane, Mattituck, New York, (Abigail A. Wickham, Attorney), for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-71 and Bulk and Parking Schedule for permission to construct an addition on the Southold Office. Location of property: Main Road, Southold, New York, bounded on the north by Main Road; east by Rudolph H. Bruer; south by Grace R. Edson, Lewis Edson and Deborah D. Edson; west by Grace R. Edson. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because difficulties or unnecessary 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 ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 APPROVED ZONING BOARD OF APPEALS After investigation and inspection the Board finds that the appli- cant wishes to add an.additional drive-up window to its Southold Branch. The Board agrees with the reasoning of the applicant that this very slight reduction in the side yard area will have a minimal affect on the character of the neighborhood. The Board finds that the 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 in~uediate vicinity of the 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. On motion by Mr. Gillispie, seconded by Mr. Douglass, it was RESOLVED that the North Fork Bank and Trust Company, 245 Love Lane, Mattituck, New York, be GRANTED permission to construct an addition on the Southold Office with insufficient side yard setback. Location of property: Main Road, Southold, New York, bounded on the north by Main Road; east by Rudolph H. Bruer; south by Grace R. Edson, Lewis Edson and Deborah D. Edson; west by Grace R. Edson. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen, Tuthill and Douglass. ! RECEIVED AND FILED BY [ T}LE SOU'iilOLD TOWN CLEEK HOU Town Clork, Town of Southold l LEGAL NOTICE NOTICE OF HEARINGS ~ursuant 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, November 9, 1978, on the following appeals: ~ ~ 7:45 P.M. (E.S.T.) Upon application of North Fork Bank and Trust Company, 245 Love Lane, Mattituck, New York, (Abigail A. Wickham, Esq.) for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-71 and Bulk and Parking Schedule for permission to construct an addition on the Southold office. Location of property: Main Road, Southold, New York, bounded on the north by Main Road; east by Rudolph H. Bruer; south by Grace R. Edson, Lewis Edson and Deborah D. Edson; west by Grace R. Edson. ~ 7:55 P.M. (E.S.T.) Upon application of Joseph Kubacki, Nokomis Road, Southold, New York, (Abigail A. Wickham, Esq..) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk and Parking Schedule for permission to construct a house with insufficient front yard setback. Location of property: Nokomis Road, Southold, New York, bounded on the north by Nokomis Road; east by Stanley and Joyce Garen; south by Russel Freund; west by Antoine H. Van den Heuvel. 8:10 P.M. (E.S.~T.) Upon application of Evelyn C. Olsen, Main Road, Laurel, New York, for a variance in accordance with the Zoning Ordinance, Article VI, and Bulk and Parking Schedule for permission to construct an addition to an existing building. Lo- cation of property: Main Road, Laurel, New York, bounded on the north by Main Road (State Road 25); east by Sophie Kander; south by Katherine B. Tuthill; west by H. Pollak. -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 Rood, Scuthoki, New York, on Thursday, November 9, 1978, on the following, ap- IBank and Trust CompanY, 245 Love Lane, Mattituck, New York, (Abigail A. wickham, Esq.) for a variance in ac- cordance with the Zoning Ordinance, Article VII, Section 100-71 and Bulk and Parking Schedule for per- mission to construct an ad- dition on the Southold office. Location of property: Main Road, Soathold, N.ew, Y..°rik~ bounded on the norm ny .ma.~,~ Road; east by Rudolpn n. Bruer; south by Grace R. Edson, Lewis EdSon and Deborah D. Edson; west by Grace R. Edsun. 7:55 P.M. (E.S.T.) Upon application of Joseph Kubacki, Nokomis Road, Suutbeld, New York, (Abigail A. Wick, ham, E~.) forca, variance in accoraance yam the Zoning Ordinance, Article III, Section 100-31 and Bulk and-Parking Schedule for permission to construct a house with insufficient front yard setback. Location of property: Nokomis Road, Soufhold. New York. bounded on the north by Nokomis peals: I Road; east by Stanley and ~m 7:45 PM (~.~T} Il'~n JoyceGaren;southbyRUSSel I~t'io~' o~ North Fork Freund: west by Antoine H. Van den Reuvel. 1{:10 P.M. (E.S.T.) Upon application of Evelyn C. OLsen, Main Rood, Laure.1, New York, for a variance m accordance with the Zoning Ordinance, Article VIi and Bulk and parking Schedule for permission to construct an addition to an existing building. Location of property: Main Ro~ Laurel, New York, bounaeu on the' north by Main Rood (State Road 25); east by Sophie Kander; s°uth by Katherine B. Tuthill; west by H. Pollak. 8:25 P.M. (E.S.T.) Upon application of Richard Wall, 2715 Nassau Point Road, Cutchogue, New York (William J. Jacobs, as A~ent), for a variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct an accessor building in the front yar~ area. Location of pr, ope_rty.: Nassau Point Road, Cu~- chngue, New York, bounded on the north by Felix R. Palmeri; east by Little Peconic Bay; south by Bet- nard E. Goofier; west by Nassau Point Road. 8:35 P.M. (E.S.T.) Upon application of Olym_ pl~_ Koures, Main Road, Ma - tituck, New York, for a variance to the Zoning Or- dinance, Article !II, Sec~on 100-31~ and Bulk and Parking Schedule for permission to divide property into 3 lots with insufficient area and width. Location of property: Bunny Lane and Kouros Rood, New Suffolk, boumied on the north by Koures Rood; east by Bunny Lane; South by Joseph Arena; west by Salvadore Caridi. 8:50 P.M. (E.S.T.) Upon application of Ernest E. Wilsberg and Harold W. WiLsberg, Olejule Lane, Mattituck, New York, lRichard J. C/'on. Esq.) for a variince to the Zoning Or- dinance; Article III, Section i00-3i and Bulk and Parking Schedule for permission to create a lot with insufficient area. Location of property: Lot No. 6, Long PondEstates, Suuthold. New York. Dated: October 30, 1978 BY ORDER OF. THE souTHOLD TOWN BOARD OF APPEALS 1TN2-3087 COUNTY OF SUFFOLK, ] STATE OF NEW YORK, ? ss: J .... T~oy. Ous.tav-~on ................. being duly Sworn, scrys that .. h~.. · is Printer and Publisher ot the SUFFOLK WEEKLY TIMES, a news~per publish~ ~ Gr~n~rt, in said county; and ~ut the motif, of which ~e ~e~ is a print~ ~py, has been published in the ~d Suf~lk W~k~ Times once in e~ch week, ~or . . 9UP.. {~.). ................ weeks suc~ssiv~ly commencing on ~e ...~ ................... day of . .. ~ov~be.p .~ ...... ~'78~ S~n to ~fo~ '~' ~;~'~l~(~ ................... day of .. ~ :~.~.. ]9.~. , .... LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the pro- visions of the Amended Build- ing Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at th~ Town Hall, Main Road, Southold, New York, on Thurs- day, November 9, 1978. on the following appeals: 7:45 P.M.(E.S.T.) Upon ap- plication of North Fork Rank and Trust Company, 245 Love Lane, Mattituck, New York, (Abigail A. Wickham, Esq.) for a variance in 'accordance with the Zoning Ordinance, Article VII, Section 100-71 and Bulk and Parking Schedule for permission to construct addition on the Southold ofj rice. Location of property: Main Road, Southold, New York, bounded on the north by Main Road; east by 'Rudolph H. Bruer; south by ~race R. Edson, Lewis Edson and Deborah D. Edson; west by Grace R. Edson. 7:SS P.M. IE.S.T.) Upon application of Joseph KubackL Nokomis Road, Southold, New York (Abigail A. Wickham, Esq.) for a variance in accor- dance with the Zoning Ordi- nance, Article IlL Section 100-31 and Bulk and Parking Schedule for permission to construct a house with insuf- ficient front yard setback. Location of property: Nokomis Road, Southold, New York. bounded on the north by Nokomis Road; east by Stanley and Joyce Garen; south by '~Russel Freund; west by An- toine H. Van den Heuvel. 8:10 P.M. (E.S.T.) Upon application of Evelyn C. Olsen, Main Road, Laurel, New York, for a variance in accordance with the Zoning Ordinance, Article VI, and Bulk and Parking Schedule for permis- sion to construct an addition tO an existing building. Location of property: Main Road, Lau- rel, New York, bounded on the north by Main Road (State Road 2S); east by Sophie Kander, south by Katherine B. Tuthill: west by H~ Pollak. 8:2S P.M. (E.S.T.) Upon application of Richard Wall, 2715 Nassau Point Road, Cut- chogue, New York {William J. Jacobs, as Agent), for a variance to the Zoning Ordi- nance. Article 111, Section 100-32 for permission to con- struct an accessory building in - the front yard area. Location of , property: Nassau Point Road, Cutchogue, New York, bound- ed on the north by Felix Palmeri; e?~§t by Little Pcconic COUNTY OF SUFFOLK STATE OF NEVI' YORK ss: Pafricia 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 ............ ~. .......................... weeks successively, commencing on the .....~... ............................... ................ ................ ............... Sworn to before me this ~ day ot ........... FORM ~lO. ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................... Date ........................................................ To l.t~..,.~.~.!....r..C.i~.!5.......~...~..~!5 ...... ~....?757 PLEASE TAKE NOTICE that your application dated for permit to construct ...... -~.~;J~.!..-l..J..?..!~!...:....at the premises located at .................................... ...~....~....?....~.......~.......~...~..!..~.~. ......... .~....0...~..?~). ..... Strut ~o U 7 p .................................... Bl~k ............................................ Lot ................................................ is returned her~ith and di~pprov~ on the following grOunds ~3UFF ..~.~.~.L..~n..~..~. .......................... .C.C~,~ ...... ~.....~.~.~....~.~ ....... ~.~......2~.~;~.c.~ ....... ~/~.~.;~.~..~...~ ........ /..~ ............. ~7~.~....~ ........ L~.~..~..~ ....... ~:~.~L.....~s/.~...~..~.~ ~~ ~c ~.~:..~ UL e Building Inspector TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. ~ ~ ~ ~' D^TE Name of Appellant Street and Number Mattituck ..,,N.,e,,w....~,,o,,~..k. ......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..... .O.~.t:.°..b..e.~..,6..'...~..9..7..8. .................. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Name of Applicant for permit of .~.4..5...~.o.y..e...Aa.~.e' ............................... ~u~ .................. ~w..×~r~ .................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD WITH INSUFFICIENT SIDE YARD LOCATION OF THE PROPERTY ....~..!.n.....~...a..c!,...$.9.g.~.]~9.~.~ ...................... ~....C~n~r~% .................. Street Use District on Zoning Mop 1000-64-1-17 Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zon.~ng Ordinance by number. Do not quote the Ordinance.),/~¢,~, ~ ~. 3. TYPE OF APPEAL Appeal is made herewith {or ~~ ( X ) 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 appeal ~e~t,'Jhas 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 ................................. Doted ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (x) A Variance to the Zoning Ordinance ( ) is requested for the reason that applicant wishes to install an additional drive-in window, resulting in a side yard of approximately 16' 4", rather than the re- quired 25' as shown on the attached sketch. F~rm ZBI (Continue on other side) REASON FOR APPEALO O Continued 1. STRICT APPI_ICAT~ON OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP becau~ the canopy over the drive-in island would not extend far enough to sufficiently cover the driver and drive-in island from the elements. A shorter canopy would also be aesthetically unattractive. The additional drive- in island is necessary to alleviate traffic congestion and increase service to bank customers. The brick pier supporting the canopy would be approximately 19' 10" from the side yard, and the overhang would be approximately 16' 4" from the side yard. 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 this ±s the only feasible looation for an additional drive-in window. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the insufficient side yard will be created by a small canopy rather than a solid walled building, so its visual effect will be minimal. THE NORTH FORK BANK & TRUST COMPANY ) ss By ................. COUNTY OF SUFFO~,K ) Signature Abigail A. Wickham, Attorney Sworn to this ....... .1.,7,.t~,. ............................... day of ...........Q~.~ob~[ ...............................]978 ~i ~ -"'"' ~DOI~OTHY H'ENDERSO'N ]gOTARY pUE~LIC, State of New York ......................... !No. 30-65~8100 Notary Public , (~uajified ,n Nesseu Count/ (~omm~ssJon Expires March ~0, COMMISSION ,~th A. Hubbard · I~¢ £, Kopp~lm~n Suffolk County Department of Planning l/etera~ Memoria! Hishu~ay 11768 Town of Southold Board of Appeals November 15, 1978 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 Com~fssion are considered to be a matter for local determination. A decision of local determ/nation should not be caustrued as either an approval or a disapproval. Applicant Municipal File Number Richard Wall North Fork Bank & Trust Co. 2486 2487 GGN: j k by Very truly yours, Lee E. Koppelman Director of Planning CHIEF PLANNER 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 .. ']~O~'d. of .ADf3eals ............... of the town of...SO.I.tt]30,~d ................. (age~Ey involved) hereby refers the following proposed zoning action to the Suffolk County PlanningCommission: (check one) ................ New and recodified zoning ordinance ................ Amendment to the zoning ordinance ................ Zoning changes ................ Special permits ..... ~. ....... Variances North Fork Bank & Trust Company 245 Love Lane Mattituck, New York 11952 Appeal No. 248~ Location of affected land: ...~/.~..~¢),~,~,O,..~Q~.~.~...,,~Q.~f~hQ{~.~ ~...~{~.!.~..~.~ .......................................... within 500 feet of: (check one or more) ................ Town or village boundary line, or shore line ................ State or county road, parkway or expressway ................ State or county park or recreation area ................ ~ream or drainage channel owned by the county or for which the county has established channel lines. ...... ~ ....... ~ate or county owned parcel on which a public building is situated ~mmen~: The applicant was granted permission to build an additional drive-An island to alleviate traffic congestion an~ increase service to the bank customers Date: .... }{o.v~mhe ?' ...~.3., ... ~. 9.7~ (signed) Robert W. Gillispie, Jr. ........... Chairman ................................................. Date received by Suffolk County Planning Commission ................................ .................................................... File No ................................. O JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS TO: From: K Southold, L.I.,N.~ 11971 October 19, 1978 Southold Town Zon±ng Board of Appeals Judith T. Terry, Town Clerk TELEPHONE (516) 765-1801 Transmitted herewith is Zoning Appeal No. 2487, application of North Fork Bank & Trust Co. for a variance. Also included are notification to adjoining property owners as follows: Ms. Grace R. Edson, Main Road, Southold, N.Y.; Lewsi L. & Deborah D. Edson, 32 Wood Road, Morristown, N.J. 07960; Mr. Rudolph H. Bruer, Anchor Lane, Southold, N.Y. Town Clerk JTT/bn cc:file Enc./ © 0 WICKHAM, WICKHAM & BRESSLER, ~.c. October 17, 1978 Board of Appeals Town of Southold Main Road Southold, NY 11971 Re: Application for Variance by The North ForkBank & Trust Company Gentlemen: Enclosed is original and one copy of application for variance, notice with proof of mailing, two copies of survey, and check to the order of the Town Clerk in the sum of $15.00. AAW/ep Encls. Very truly yours, Wickham BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : THE NORTH FORK BANK & TRUST COMPANY to the Board of Appeals of the Town of Southold : NOTICE TO: Ms. Grace R. Edson Mr. and Mrs. Lewis L. Edson Mr. Rudolph H. Bruer ) ~ ~ 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) ]~~]K~N:~~l~fX~xe~l~x~Re:kx ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed asfollows: South side of Main Road. Southold. bounded on the East by Rudo%ph H, Bruer, on the South by Grace R. Edson and Lewis L. and Deborah D. Edson, and on the West by Grace R. Edson. 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: Perntlssion to erect a drive-in island and canopy with insufficient side yard ~ $. That Lhe provisions of the Southold Town Zoning Code applicable to the_ relief sought b~/-the under-. signed are: /-/,~ 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 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. THE NORTH FORK BANK & TRUST COMPANY Dated: October 1R: lq7R . Petitio~er By Abigail A. Wickham, Attorney Post Office Address P.O. Box 1424.' Main l~r~a~ Mattituck, New York 11952 PROOF OF MAILING OF NOTICE NAME ADDRESS Ms. Grace R. Edson Main Road Southold, NY 11971 Lewis L. & Deborah D. Edson 32 Wood Road Morristown, N.J. 07960 Mr. Rudolph H. Bruer Anchor Lane Southold, NY 11971 No. 43116 ECEIPT FOR CERTIFIE NO INSURANCE COVERAGE PRO~ NOT FOR INTERNATIONAL IA {See Reverse) Grace R. Edson STATE OF NEW YORK ) COUNTY OF SUFFOLK ) No. 43: ECEIPT FOR CERTIF NO INSURANCE COVERAGE F NOT FOR INTERNATIONA (See Reverse) 'SENTTO M~ri ~t~wn. N.~, ~CERTIFIED FEE SPECIAL DELIVERY RESTRICTED DELIVERY TOTAL POSTAGE AND FEES /,., ,- , ~ OCT ,., No. 431169 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) SENT TO Rudolph H. Bruer Lane 11971 SHOW TO WHOM AND DATE DELIVERED SHOW TO WHOM, OATE, ANO ADDRESS OF DELIVERY ELLEN PRESTON , residing at 903 Main Street. Greenport, New York , being duly sworn, deposes and says that on the 18th day of October ,19 78 , 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 Mattituck ; that said Notices were mailed to each of said persons by ( c e r t iff ed ) ~lll~:gl:CXAd~ mail. Sworn to before/~e this 18th day~~,19 7R '" ~ Notary Public Ellen Preston JOAN HINDERMAHN NOTARY PUBLIC, State of He'*' York Ne. 5z-s~os65e ~uelified in ~ffak Ceu~ 0 T~ ~ ~ 3e, I~ \.,/. 29 , ~, ~ U 14 b L b ?.::-~. k H c 14