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HomeMy WebLinkAbout2508Oo 0o 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, January 11, 1979, on the following appeals: 7:40 P.M. (E.S.T.) Upon application of Gary Flanner Olsen, Main Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-61, Article XI, Section 100-112 and Bulk Parking Schedule for permission to convert existing building (non-conforming business building) with insufficient side and rear yards and insufficient parking for proposed use. Location of property: Main Road, Mattituck, New York, bounded on the north by Mattituck Presbyterian Church; east by Main Road (S. R. 25); south by Lawlor; west by Mattituck Presbyterian Church. 7:50 P.M. (E.S.T.) Upon application of Southold S~vings Bank, Main Road, Southold, New York (Richard F. Lark, Esq.) for a variance in accordance with the Zoning Ordinance, Article II, Section 100-23 E; Section 100-35 A; Article VII, Section 100-70; Article XII, Section 100-121 A & B for permission to construct a fence six feet high in the front yard area. Location of property Youngs Avenue, Southold, New York, bounded on the north by P.B.M. Associates; east by Rich; south by Eiseman and Rich; west by Youngs Avenue. 8:00 P.M. (E.S.T.) Upon application of Rita Cooke Woglom, Main Road, East Marion, New York, (Rudolph H. Bruer, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Schedule for permission to divide property with insufficient road frontage. Location of property: Main Road, East Marion, New York,bounded on the north by Hicks; east by Rand; south by Main Road (S. R. 25); west by Jayne and $1oan. 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, January 11, 1979, on the following appeals: 7:40 P.M. (E.S.T.) Upon application of Gary Flanner Olsen, Main Road, Mattituckn New York, for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-61, Article XI, Section 100- 112 and Bulk Parking Schedule for permission to convert existing building (non-conforming business building) with insufficient side and rear yards and in- sufficient parking for proposed use. Location of property: Main Road~ Mat- fitunk, New York, bounded on the north by Mattituck Presbyterian Church; east by Main Road (S. R. 25); south by Lawlor; west by Mattitunk Presbyterian Church. 7:50 P.M. (E.S.T.) Upop~ Iapplication of Southbld §bUtfiold ~NS~ York (Richard Fi ~-~) o~variance in accorOance Wltn the Zoning Ordinance, Article II, Section 10t)-23 E; Section 100-35 A; Article VII, Section 100-70: Article XII, Section 10t)-121 A & B for permission to con- struct a fence six feet high in the front yard area. Location of property: Youngs Avenue, Southold, New York, bounded on the north by P.B.M. Associates; east by Rich; south by Eiseman and Rich; west by Youngs Avenue. 8:00 P.M. (E.S.T.) Upon application of Rita Cooke Woglom Main Road, East Marion, New York (Rudolph H. Bruer, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking schedule for permission to di- vide property with insufficient road frontage. Location of property: Main Road, East Marion, New York, bounded on the north by Hicks; east by Rand; south by Main Road (S.R.25); west by Jayne and Sloan. 8:15 P.M. (ES.TO Upon application of John E. Lademann and Gail M. Lademann, Pine Neck Road, Southold, New York, (Abigail A. Wickham, as Attorney), for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Schedule for per- mission to divide property with insufficient area and frontage. Location of property: Alvah's Lane, Cutchogue, New York, bounded on the north by Remski; east by Long Island Vineyards, Inc.;; west by Alvah's Lane; south by Blachly. 8:25 P.M. (E.S.T.) Upon application of William G. Wysocki, Orchard Street, Orient, New York, (Samuel J. Glickman, Esq.)for a variance in accordance with Section 280A of the Town Law for recognition of access. Location of property: Private Road, Orient, New York, bounded on the north by Wilsberg; east by Latham; south by Latham; west by Long Island Lighting Corn pany. 8:35 P.M. (E.S.T.) Upon application of Peter V. Mc- Partland, 45 Kew Gardens Road, Kew Gardens, New York, for a variance in ac- cordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Schedule for permission to construct.-a house with in- sufficient front yard setback. Location of property: Waterview Drive and Cedar Avenue, Southold, New York, bounded on the north by Johnson: east by Cedar Lane; south by Waterview Drive: west by Wilkinson. 8:50 P.M. (E.S.T.) Upon application of the Estate of Jean F. Brown, Village Lane, Orient. New York, (Christopher S. Byszek, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Schedule for permission to divide property. Location of property: Village Lane, Orient, New York. bounded on the north by Hoffman and Godfrey; east by Village Lane; south by Home and Norklun; west by Oysterponds Lane. 9:00 P.M. (E.S.T.) Upon application of Colon)' Cabinets, Inc. (Robert Anni- son. as Agent), North Road, Southold, New York, for a special exception to the Zoning Ordinance, Article VI, Section 109-60 B for per- mission to operate a kitchen cabinet showroom and workshop. Location of property: North Road (C. R. 27). Southold, New York, bounded on the north by North Road (C. R. 27),; east by North Road Associates; south by Goldsmith; west by Klein. 9:15 P.M. (E.S.T.) Upon application of William Engel, Beachwood Road, Cutchogue; New York,(MaRituck House Movers. as Agent) for a variance in accordance wit[r the Zoning Ordinance, Article IlL Section 100-32 for per- mission to relooate a garage in the front yard area. Location of property: Beachwood Road, Cutchogue, New York, Lot No. 2, Map of Beachwood Colony, Cutchogue, New York. 9:25 P.M. (E.S.T.) Upon application of William T. Ferris and Joan B. Ferris. 1035 Theresa Drive, Ma- attituck. New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for per- mission to construct a greenhouse in the side yard area. Location of property: Theresa Drive, Mattituck. New York, known as Lot No. 37, Deep Hole Creek Estates, Mattituck, New York. Dated: December 28. 1978. BY ORDER OF TIlE SOUTHOLD TOWN BOARD OF APPEALS LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of thc 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, .January 11, 1979, on the following appeals. 7:4; p.m. (E.S.T.) Upon application of Gary Flanner Olsen, Main Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-61, Article XI, Section t00-112 and Bulk Parking Schedule for permission to convert existing building (non- conforming business building) with insufficient side and rear yards and insufficient parking for proposed use. Location of property: Main Road, Matti- tuck, New York, bounded on the north by Mattituclt Presby- terian Church; east by Main Road (S.R. 25); south by Lawlor; west by Mattituck Presbyterian Church. 7:.50 p.m. {E.S.T.} UPO~ application of Southold Sav- in~s Bank, Main Road, Sout. t~- , 0Id, New York (Richard F. Lark, Esq.) for a variance in accordance with the Zoning Ordinance, Article 11, Section 100-23 E; Section 100-35 A; Article VI1, Section 100-70; Article XII, Section 100-121 A & B for permission to con- itruct a fence six feet high in :he front yard area. Location of ~roperty: Youngs Avenue, ;outhold, New York, bounded ~n the north by P.B.M. ~,ssociates; east by Rich; south ly Eiseman and Rich; west by oungs Avenue. 8:00 p.m. (E.S.T.) Upon application of Rita Cooke Wogiom, Main Road, East Marion, New York, (Rudolph H. Bruer, Esq.) for a variance in accordance with the Zoning ordinance, Article IlL Section 100-31 and Bulk Parking Sche- dule for permission to divide property with insufficient road frontage. Location of property: Main Road, East Marion, New York, bounded on tl~ north by Hicks; east by Ra~l; south by Main Road (S.R. ~); West by Jayne and SIoan. ~ 8:1S p.m. (E.S.T.) Upon application of John E. Lade- mann and Gail M. Lademann, Pine Neck Road, Southold, COIJNTY OF SUFFOLK STATE OF NiPA/ 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 Counb/; and that the notice of which the annexed is a printed copy, r, as been published in said Long Island Traveler-Watch- man once each week for .............. / ........................ weeks successively, commencir~} on the ....... ~ ............................ o, ................ Swam to before rr~ this ....~.~ ................ day o* ............ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL ..... ....................... PLEASE TAKE NOTICE that your application dated ~~.,~.~.~,......~..~ ...... , 19.~ for permit to construct ~..~ .................. at the premises located at ~/~ .............. ~ ~ ~ ~...~...~~.......~ Map .....~.~.Z...~.E ....... Block ........... .~. ........................... Lot ................................................ is returned herewith and disapproved on the follow;rig grounds ..~(.~.~.~....<~....~ ............... ~,~..z~...~......~_~.z.....~ z~z~..z ....... ~.~...~ ....................... ...~......z~.~..:.z.~. .......... : ....... ~_<~....~f~ .......... .~..z~..:.Z~ ................. ........................................................................................ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~~ TO THE ZONING BOARD OF APPF. ALS, TOWN OF SOUTHOLD, N. Y. ~x~) ...S...°..u..t...h..°...1..d.....S...a..v...i.n.g..s.....B..a..n...k. ............ of Main Road Name of Appellant Street and Number .................. S.o.u...t..h..o...1..d. ........................................................ N...e..w.....y..9..r...k' ......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ' DATED ..D.~g.e,g~P~L..0.,...,,],~.?.8...~... ..... WHEREBY THE BUILDING INSPECTOR DENIED TO (X) ( ) (X) Name of Applicant for permit of ........ ,: ................. ,. ........................ ............... Street and Number Municipality State PERMIT TO USE (Accessory use) PERMIT FOR OCCUPANCY BUILDING PERMIT TO ERECT A FENCE Easterly side of gailroad B 1 Genera~ 1. LOCATION OF THE PROPERTY Au. en~e.[.I.q~...~.v.~lu.¢.) ............... ~si~e~s..R~tr. ict Street Use District on Zoning Map Dist. Sec. Blk. Lot 1000 060.00 02.00 010. 001 Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III, Section 100-.35 k.- Article XII, Section 100-12~ A & B 3. TYPE OF APPEAL Appeal is made herewith for (×) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons, Laws Art. 16 Sec. 280A Subsection 3 (X) TO review and reverse the decision of the building inspector d_=~ted Dec^_-.bcr ~, 197°~. 4. PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 ~) A Variance to the Zoning Ordinance X) TO review and. reverse the Notice of Disapproval of the Building Inspector dated~e~2mber 6. 1978., ~s requested ?orTne reoso~ that the Board of Appeals is requested to reverse the building inspector's Notice of Disapproval dated December 6, 1978. Your petitioner is requesting the fencing of its property as an accessory use incidental to its off-premises parking area. FUrther, Article III, Section 100-35A applies only to Article III "A" Residential aP~ ~ricultural Districts and not to Article VII "B-l" General Business Districts for which petitioner's property is zoned. T.he petitioner needs to erect a six foot high fence in front of and along the northerly boundary of its parcel of land on t~e~ east- erl.~ side of Railroad Avenue, Southold, New York, to keep out trespassers in order tO protect its property. · FORM ZB1 (Continue on other ~ide) REASON FOR APPEAL COntinued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical dlfflcultlee or unneces- sary HARDSHIP becaum the Board of Appeals has previously granted variances (Appeals 92398 & 2406) for the purpose of granting your petitioner permission to construct an off-street parking area for its ~mployees. Your petitioner has cleaned up the property and erected a modern attractive parking facility with proper drainage and lighting. The petitioner now finds that it has created some- what of an attraction for vandals and other persons who persist in trespassing on the property and have caused considerable damage by throwing rocks and ot~er debris on the parking surface. It has therefore become necessary for your petitioner to protect its property by placing a six foot high chain link fence along the entire northerly boundary as well as t~e~ westerly front of the property so that the parking area can be secure while in use and during non-banking hours when the parking facility is not in use. See Exhibit A showing the property and proposed fencing. It is your petitioner's position that tke fencing restriction of Article III Section 100-35 does not apply to petitioner's property. Your petitioner's property is already zoned B-1 General Business District and as such Article VII of the Zoning Ordinance as well as the General Provi:si6ns of the Ordinance apply. Section 100-35 of the Building Zone Ordinance only applies to A Residential and Agricultural Districts. Under the current Zoning Ordinance there are no fencing restrictions to a B-1 General Business District. Bowever, if the Board finds that fencing restrictions do apply to B-1 General Business District properties, then in the alternative your petitioner re- quests a variance to allow it to construct a 6' high fence as an accessory use in order 2. The hardship created is UNIQUE end is not shared by ail propertiest%l~,.%°~neC~-hei%rSn~cC~JPa~erty' vicinity of this property and in this use district because the property is presently fenced on the southerly and easterly boundaries with 6' high fences which deter trespassers from coming on the parking area as well as shielding the adjacent properties. The northerly and westerly boundaries are presently wide open t~ereby allowing unauthorized persons to gain entrance to petitioner's property without any diffi- culty. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER oF THE DISTRICT b~ause the neighborhood is primarily one of a co~narcial nature and the proposed fencing will not adversely affect the use or the appearance of the property or neighborhood. See Exhibit B, Excerpt of the Building Zone Map. Southold Savings Bank ) ss ;~y.;,...... ..i./.. ) // Signature ///// Raymo~/W. Terry, Jr. Iii Exec~ve Vice President k~,~,ex .............................................. ~ ....................................................... .x~:~;~x STATE OF NEW YORK: COUNTY OF SUFFOLK: SS.: On the 20th day of December, 1978, before me came RAYMOND W. TERRY, JR., to me known, who, being by me duly sworn, did depose and say that he resides at Jockey Creek Drive, Southold, New York; that he is the Executive Vice President of SOUTHOLD SAVINGS BANK, the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of trustees of said corporation; that he signed his name thereto by like order. N~ ublic MEMORANDUM TO THE FILE DATED: January 3, 1979 Received a telephone call from Dick Lark on behalf of Southold Savings Bank. They have had the posts put in the ground for their fence, but to date have not put up the fence. Over the New Year's weekend six of the posts were vandalised by cars pulling out the stakes. The Bank would like permission to go ahead and erect the fence now before any more damage is done, but they do not wish to be dis- respectful to the Board. Talked with Mr. Gillispie, and he gave oral approval to erect the fence. bce JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 December 20, 1978 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 2508, application of Southold Savings Bank for a variance. Also included is notice to the following adjoining property owners: Frederick P. Rich, Carl F. Eiseman, P.B.M. Associates, Inc. OFFIOE 0~'~:~0 RN EY TOW /~LD 425 MAIN BR£ENPORT, L, [., N.Y. 11¢:J44 December 20, 1978 Mr. Edward Hinderman Southold Town Hall Southold, New York 11971 Re: Fences in Business Districts ~ j ~/",~/,;/~" Dear Ed: //~~ YOU called me this morning and advised me that in your opinion a fence is not permitted in a Business District. You base this on Section 100-23E of the Zoning Code which states that "any use not permitted in this chapter shall be deemed to be prohibited". You then rationalize that since you can find no provision in the articles specifying the use in Business Districts that therefore a fence is not permitted. I call your attention to Section 100-60C(1) and Section 100-70C(1). These two provisions permit "accessory uses on the same lot with and customarily incidental to any permitted use and not involving a separate business". By virtue of these provisions, it is my opinion that accessory uses are permitted uses in the Business District. It is also my opinion that a fence is an accessory use, i.e. it is a use customarily incidental to a principal use. As a Building Inspector, you of course do not have to abide by my opinions. If you choose to persist in your position then as I suggested to you, you can let stand your notice of disapproval and your decision can then be appealed to the Board of Appeals. On the other hand, if you wish to be guided by my advice, I would suggest that you re- voke your notice of disapproval in which event no appeal would be necessary. Yours very truly, ROBERT W. TASKER RWT :MY TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECrOR TOWN HALL SOUTHOLD, N. Y. 11971 O TEL. 765-1802 December 21, 1978 Southold Savings Bank Main Road Southold, N.Y. Attn: Mr. J. Rose Re: Application for Building Permit E/S Youngs Ave - Southold Dear Mr. Rose, This is to advise that we are with drawing our "Notice of Disapproval" dated December 6, 1978. It has been pointed out that the section of Zoning Ordinance, Chapter 100, Article III, Section 100 - 35 a, does not apply in the district your property is located. It would appear, after rechecking the law, that a fence in a B-1 Zoned district is not permitted. Accordingly we have%ssued a corrected "Notice of Disapproval" dated December 20, 197~. Building Inspector FORM NO. 3 0 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................. Date ..... ~I~'.~ ...................... ' 19'"7~ PLEASE TAKE NOTICE that your application dated ~Jt~IIJliJ~...~-~I. ..................... , 19.JJ~ for permit to construct ~.t0#...JIJ0~ ............... at the premises located at .IJt~"llJ~I-.~. ..... .... ~i~ll~,~'4~,:.:('T~ll~l"&lflt)" Street ~l~l~d~ Map .......~..31~131~1~ ............. Block. .................. ~ ................ Lot ............ ~ ....................... is returned herewith and disapproved on the following grounds .... ~'nee...leeale&.~.~.. the ..fs-mrt"~.~d' .truer. exe#~r ..lele3;.. he~.ihl~..l ............. 0 O RICHARD F. LARK December 20, 1978 Mrs. Judith Terry Southold Town Clerk Main Road Southold, NY 11971 RE: Southold Savings Bank Application for Variance Dear Mrs. Terry: In connection with the above-captioned matter, I am enclosing the following: 1. Application for Variance in triplicate. Exhibit A - Map of Property surveyed for Southold Savings Bank showing proposed fencing. 3. Exhibit B - Excerpt of Building Zone Map. e Original Notice to adjoining property owners with proof of mailing and certified mailing receipts attached thereto. 5. My check payable to the Town of Southold in the amount of $15.00. Kindly place this matter before the Board of Appeals so that a date may be set for a public hearing. Very truly yours RFL/bd Enclosures BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : SOUTHOLD SAVINGS BANK to the Board of Appeals of the Town of Southold : TO: Frederick P. Rich Carl F. Eisoman P.B.M. Associates, Inc. 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) ][~~:~4~X~KIr~l~(the following relief: Reversal of the Building Inspectors decision disapproving construction of a fence. 3). % 2. That the property which is the subject of the Petition is located adjacent to your property and is de~- cribed as follows: North by P.B.M. Associates, Inc.; East by Frederick P. Rich; South by Carl F. Eiseman and Frederick P. Rich; West by Railroad Avenue (Youngs Avenue), at Southold, Town of Southold, Suffolk County, New York.. 3. That the property which is the subject of such Petition is located in the following zoning district: B-1 General Business District 4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief: Permission to erect a six foot high fence on the westerly and northerly boundaries of its property. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare: Art. XII -~100-121 A & B; Art. III, ~100-35A 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 ma)' then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Southold Savings Bank Dated: December ~, 1978. By: ~ /~/~/~,~ ~/'~'~.//,~/~'~.'~--"-'"'~,~.~/// Petitione'r ~Ym°n~d ~' '~erry, //~xecutive vice Pr~ident Post ONtFe Address Main Road Southold, NY 11971 NAME. PROOF OF MAILING OF NOTICE ADDRESS Frederick P. Rich Carl F. Eiseman P.B.M. Associates, Inc. Hobart Road Southold, NY 11971 7 Budenos Drive Sayville, NY 11782 Mill Lane Huntington, NY 11743 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: Mary Lou Doroski , residing at Peconic Bay Boulevard, Laurel, New York , being duly sworn, deposes and says that on the 20th day of December ., 19 7 8 ., 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 Southold, New York ; that said Notices were mailed to each of said persons by (certified) (:Y~I~J~ mail. Sworn to before me this 20th day of December, ,19 78 Notary Public BARBARA DIACHUN ~Jot'Ery Public, State of New York ~1o. 52-4635190 Suffo k Coun~ ~'"Ommlsslon Expires March 30, 19 ~'o G (~) COUNTY OF SUFFOLK Real Property Tax Service Agency H RusseJl Haase, Director Riverheaa,. L. I., New York · n. /~,1 " '- *ow. o~ SOU T_HO_L_D __ . )~__~CT.O_. ;.0z Do,_- ~ C;~l,;io,~ J PROPERTY MAP