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HomeMy WebLinkAbout2242 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZON-kNG BOAKD OF APPEALS Appeal No. 2242 Dated January 11, 1977 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Matt-A-Mar, Inc. Wickham Avenue Mattituck, NY 11952 DATE...~.t...~.7, 1977 Appellant at a meeting of the Zoning Board of Appeals on January 27, 1977 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 F~CEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 10:25 P.M. (E.S.T.) upon application of Matt-A-Mar, Inc., Wickham Avenue, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-60 A (9) for permission to store boats on the premises. Location of property: west side Wickham Avenue, Mattituck, New York, bounded on the north, south, and west by Mattituck Creek; east by Baker and Wickham Avenue. 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 beeanse SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because SEE REVERSE (xvould not) and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 ) be denied and After investigation and inspection the Board finds that the applicant requests permission to store boats on the premises, west side Wickham Avenue, Mattituck, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. 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, Matt-A-Mar, Inc., Wickham Avenue, Mattituck, New York be GRANTED permission to store boats on the premises, west side Wickham Avenue, Mattituck, New York, as applied for, subject to the following condition: There shall be no storage or marina uses within 100' of Wickham Avenue to the east. Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis. RECEIVED AND FILED BY THE SOUTHCLD TOWN CLERK DATF-,gI-/F- 7 ?tIOUR erk, Town of ~4 .... out~old LEGAL NOTICE Notice of Hearings PuEsuant 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 hStd by the Zoning Board of Appeals at the Town Office, Main Road, Southold, New York on Thursday, January 27, 1977, on the following appeals: 7:30 P.M. (E.S.T.) upon application of George N. Terry, 600 Highwood Road, Southold, New York for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct addition with insuf- ficient setback. Location of property: Highwood Road, Southold New York; Lot No. 7, Highwood at Bayview; Map ~5547. 7:40 P.M. (E.S.T.) upon application of Joseph Czartosiesk~, RR1 Box 194A, Main Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C (1) a,b,c,d for permission to conduct home occupation. Location of property: north side Main Road, Cutchogue, New York bounded'on the north by R. Asselta; east by J. Faszeowski; south by Main Road; west by R. Asselta. 7:50 P.M. (E.S.T.) upon application of Sterling Nurseries, Inc., Main Road, Cutchogue, New York for a variance in accord- ance with the Zoning Ordinance, Ar~ticle VII, Section 100-70 and Bulk Schedule for permission to construct addition with in- sufficient side-yard setback. Location of property: north side Main Road, Cutchogue, New York, bounded on the north by other land of applicant; east by S. & Eo Realty; south by Main Road; west by J. Scott. 8:00 P.M. (E.S.T.) review of Henry C. Scherz application for a variance to divide property with insufficient area, Pinetree Road, Cutchogue, New York. 8:15 P.M. (E.S.T.) upon application of Harold Green, P.O. Box 54, North Road (CR27), Peconic, New York for a Special Legal Notice -2- Hearings: January 27, 1977 exception in accordance with the Zoning Ordinance, Article III, Section 100-30 H (8) for permission to .operate a labor camp. Location of property: nortk side CR2~, Peconic, New York, bounded on the north by LILCO; east by T. Mrowka Est. & others; south by C~27; west by Peconic Homes Subdivision. 8:40 P.M. (E.S.T.) upon application of B. Shackman & Co., 85 Fifth Avenue, New York City, New York (Gary Olsen, Esq.) for a variance in accordance with the To~n Law, Sectio~ 280A for approval of access. Location of property: Aldrich L~ne, New York, bounded on the north by Murphy Laurel Cemetery; King, and Aldrich Lane; west by Ciaglo & others. 8:50 P.M. (E.S.T.) upon application of Bo Shackman & Co., 85 Fifth Avenue, New York City, New York (~ary O!sen, Esq.) for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-60 A (!) for pDrmission to construct dwelling unit in business building. Location of property: Main Road, Laurel, New York, bounded on the north by Murphy & others; east by Laurel Cemetery, King, and Aldrich Lane; south by Main Road; west by Ciaglo & others. 9:05 P.M. (E.S.T.) upon application of H. Marshall Frost, West ~oad, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to change property lines. Location of' property: south side West Road, Cutchogue, New York, bounded on the north by West Road and Knauth; east by Pequash Club; south by Peconic Bay; west by now or formerly Dittmer. 9:15 P.M. (E.S.T.) upon application of Steven and Mary Cielusniak, 380 Platt Road, Orient, New York for a variance in accordance with the Zoning Ordinance, Article III, Sectibn 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: west side & others; east byLaUrel' south by Ma~n Road; Legal Notice -3- Hearings: January 27, 1977 Platt Road, Orient, New York, bounded on the north by W. Terry, Jr.; east by Platt Road; south by C. Bondarchuk; west by W. Terry, Jr. 9:25 P.M. (E.S.T.) upon application of Richard Kehrbaum, Camp Mineota Road, Mattituck, New York for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct addition with insufficient side-yard setback. Location of property: Camp Mineola Road, Mattituck, New York, bounded on the north by right-of-way and Strong; east by Camp Mineola Road, south b~ now or formerly Gildersleeve; west by right-of-way and Strong. 9:40 P.M. (E.S.T.) upon application of Joseph Gold, Prospect St, Freeport~ New York (George Ahlers, Builder, inc.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to con- struct dwelling with insufficient side-yard setback. Location of property: Haywaters Road Ext. (Fisherman's Beach Road), Nassau Point, Cutchogue, New York; Lots 11 & 12, Map of Peconic Bay Properties. 9:55 P.M. (E.S.T.) upon application of Matt-A-Mar, Inc., Wickham Avenue, Mattituck, New York for a variance in accordance with the Zoning o~dinance, Article VI, Section 100-60 A (9) for permission to store boats on the premises. Location of property: west side Wickham Avenue, Mattituck, New York, bounded on the north, south, and west by Mattituck Creek; east by Baker and Wickham Avenue. 10:15 P.M. (E.S.T.) upon application of Helmut Hess, North Road, Peconic, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off lot with insufficient area. Location of property: south side CR27, Peconic, New York, bounded on the north by CR27; east by Cornetl Construction; south by Suffolk County;west by other land of applicant. Legal Notice -4- Hearings: January 27, 1977 Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: January 14, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, JANUARY 20, 1977, AND FORWARD THIRTEEN (13) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on January 14, 1977 George N. Terry Joseph Czartosieski Sterling Nurseries, Inc. Harold Green Gary Olsen a/c Shackman H. Marshall Frost Irving L. Price, Esq. a/c Cielusniak Norman Reilly a/c Richard Kehrbaum George Ahlers a/c Joseph Gold Matt-A-Mar, Inc. Corwin & Glickman a/c Hass 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 Office,' Main Road, Southuld, New York on Thursday, January 27, 1977, on the following appeals: 7:30 P.I~. (E.S.T.) upon ap. plication of George N. Terry, 600 Highwood Road, Seuthold, New York for a variance in ac- cordance with the Zoning Or- dinance, ArU~cle III, Section 100- 30 and Bulk Schedule for per- mission to construct addition with insufficient setback. Location of property: Highwoed Road, Seuthold, New York; Lot No. 7, Highwood at Bayview; Map No. 5547. 7:40 P.M. (E.S.T.) upon ap- plication of Joseph Czartosieski, RR1 Box 196A, Main Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C (1) a, b, c, d for permission to conduct home occupation. Location of property: north side Main Road, Cut- chogue, New York, bounded on the north by R. Asselta; east by J. Faszeowski; south by Main Road; west by R. Asselta. 7:50 P.M. (E.S.T;) upon ap- plication of Sterling Nurseries, Inc., Main Rood, Cutchogue, N~w York for a variance in ac- cordance with the Zoning Or- dinance, Article VII, Section 100- 70 and Bulk Schedule for per- mission to construct addition with insufficient side-yard set- back. Location of property: north side Main Road Cutchogue, New York, bounded on the north by other land of applicant; east by S. & E. Realty; south by Main Road; west by J. Scott. 8:00 P.M. (E.S.T.) review of Henry C. Scherz application for a variance to divide property with insufficient area, Pinetree Road, Culchogue, New York. 0:15 P.M. (E.S.T.) upon ap- plication of Harold Green, P.O. Box 54, North Road (CR 27), Peconic, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 B (8) for per- mission to operate a labor camp. Location of property: north side CR 27, Peconic, New York, bounded on the north by LILCO; east by T. Mrowka Est. & others; south by CR 27; west by Peconic Homes Subdivision. 8:40 P.M. (E.S.T.) upon ap- plication of B. Shackman & Co., ~5 Fifth Avenue, New York City, New York (Gary Olsen, Esq.) for Town Law, Section 2~0A for approval of access. Location of property: Aldrich Lane, Laurel, New York, bounded on the north by Murphy & others; east by Laurel Cemetery, King, and Aldrich Lane; south by Main Road; west by Ciaglo & others. 8:50 P.M. (E.S.T.) upon ap- plication of B. Shackman & Co., ~5 Fifth Avenue, New York City, New York (Gary Olsen, Esq.) for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-60 A (1) for per- mission to construct dwelling unit in business building. Location of property: Main Road, Laurel, New York, bounded on the north by Murphy & others; east by Laurel Cemetery, King, and Aldrich Lane; south by Main Read; west by Ciaglo & others. 9:05 P.M. (E.S.T.) upon ap- plication of H. Marshall Frost, West Road, Cutchogue, New York for a variance in ac- cordance with the Zorfmg Or- dinance, Article III, Section 100- 30 and Bulk Schedule for per- missic' change preporty lines. Locatio, of property: south side West Road, Cutchogue, New York, bounded on the north by West Road and Knauth; east by Pequash Club; south by Peconic Bay; west by now or formerly Dittmer. 9:15 P.M. (E.s.T.) upon ap- plication of Steven and Mary Cielusniak, 380 Platt Road, Orient, 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: west side Platt Road, Orient, New York, bounded on the north by W. Terry, Jr.; east by Platt Road; south by C. Bondarchuk; west by 9:55 P.M. (E.S.T.) upon ap- llication of Matt-A-Mar, Inc., Wickham Avenue, Mattituck, New York for a variance in ac- cordance with the Zoning Or- dinance, Article VI, Section 100- 60 A (9) for permission to store boats on the premises. Location of property: west side Wickham Avenue, Mattituck, New York, bounded on the north, south, and west by Mattituck Creek; east by! Baker and Wickham Avenue. 10:15 P.M. (E.S.T.) upon ap-! )lication of Helmut Ross, NorthI Road, Peconic, New York for a~ variance in accordance with the~ Zoning Ordinance, Article III,~ Section 100-30 and v~-Ik Schedule/ for pornflssion to, ~ff lot with! insufficient area. Location ofi property: south side CR 27,'1 Peconic, New York. bounded on the north by CR 27; east by Cornell Construction; south b~ Suffolk County; west by other land of applicant. Any person desiring to be heaT'd .on the above appeals should appear at the time and place above specified. Dated: January 14, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TJ20--2579 ...... being duly Sworn. iblisher of the SUFFOLK shed ~t Greenport. in said t the annexed is a printed as been published in the said Suffolk Weekly Times eoch week, for olle (1,) weeks T~rentieth W. Terry, Jr. iv~ly commencing on ~he .......................... 9:25 P.M. (E.S.T.) upon ap- 77 plication of Richard Kehrhaum, .Tarllia~ , ... ................ . .... 19. Camp Mineola Rood, Mattituck, ~ ~,? - .... New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30 and Bulk Schedule for per- mission to construct addition with insufficient side-yard set- back. Location of property: Camp Mineola Road, Mattituck, New York, bounded on the north by right-of-way and Strong; east by Camp Mineola Road, south by now or formerly Gildersleeve; west by right-of-way and Strong. 9:40 P.M. (E.S.T.) upon ap- plication of Joseph Gold, Prospect St.;Freeport, New York (George Ahlers, Builder, Inc.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient side- yard setback. Location of property: Haywaters Road Ext. (Fishermen's Beach Road), Nassau Point, Cutchogue, New York; Lots 11 & 12, Map of Peconic Ba~ Properties. rich Lane; south by Main Road; west by Ciaglo & others. 9:05 P.M. (E.S.T.) upon appli- cation of H. Marshall Frost, West Road. Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-30 and Bulk Schedule for permission to change property lines. Location of property: south side West Road, Cutchogue, New , York, bounded on the north by West Road and Knauth; east Pequash Club; south by Peconic Bay; west by now or formerly Dittmer. 9:15 P.M. (E.S.T.) upon appli- cation of Steven and Mary Cielus- niak, 380 Platt Road, Orient, New York for a variance in accordance with the Zoning Ordinance, Art- icle III, Section 100-30 and Bulk Schedule f~r permission to divide propegty~ with insufficient width and area. Location of property: west side Platt Road, Orient, new York, bounded on the north by W. Terry, Jr.; east by Platt Road; south by C. Bondarchuk; west by W. Terry, Jr. 9:25 P.M. (E.S.T.) upon appli- cation of Richard Kehrbaum, Camp Mineola Road, Mati. ituck, New York for a variance in accordance with the Zoning Ordi- nance, Article Ill, Section 100-30 and Bulk Schedule for permission to construct addition with insuf- ficient side-yard setback. Loca- tion of property: Camp Mineola Road, Mattituck, New York, bounded on the north by right-of- way and Strong; east by Camp Mineola Road, south by now or formerly Gildersleeve; west by right-of-way and Strong. 9:40 P.M. (E.S.T.) upon appli- cation of Joseph Gold, Prospect St., Freeport, New York (George Ahlers. Builder, Inc.) for a var- iance in accordance with the Zoning Ordinance, Article IlL Section 100-30 and Bulk Schedule for permission to construct dwel- ling with insufficient side-yard setback. Location of property: Haywaters Road Ext. (Fisher- man's Beach Road), lYassau Point, Cutchogue, New York; Lots 11 & 12, Map of Peconic Bay Properties. '~ 9:55 P.M. (E.S.T.) upon appli- ! cation of Matt-A-Mar, Inc., Wick- ham Avenue, M,~ttituck. New York for a variance in accordance with the Zoning Ordinance, Art- icle VI, Section 100-60 A (9) for permission to store boats on the premises. Location of property: west side Wickham Avenue, Mat- tituck, New York, bounded on the north, south, and west by Matti- tuck Creek; east by Baker and ~Wickham Avenue. 10:15 P.M. (E.S.T.) upon appli- cation of Helmut Hass, North Road, Peconic, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule forpermission to set off lot with property: south side CR27, Pe- conic. New York, bounded on the north by CR27; east by Cornell Construction; south by Suffolk County; west by other land of applicant. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: January 14, 1977 TOWH OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF D~SAPPROVAL File No .................................................................. Date .................................... ./..../ ......... , To ............... PLEASE TAKE NOTICE that your application dated ................. ~....~...~../'. ......... , 19..~....7.. ...... ~ ........................................ Street Map .............. ~ .......... Block k/~_._ Lot i~,u,,,¢d I,=,~with ur,d disepproved on the follow;ng grounds .....~...~~..~.. .... ~,..¢..~...;~:~.....E.......~.,.~.....f...~.~....-, .......................................... TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSP_CTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ....... of ...... ...... ....................... Name of Appella,nt Street and Number ................. Jl~.X~.]..~.] ........... .~,~, ........................................................ .~, .......... ~...HEREBY APPEAL TO Municipality S~fate THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .."./,.'?.:I/..?,.Z./.. ........................ WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of ~. z .e,../.~. ~ .~.Z~ .....~ L,/..~.. ......... ........... ......... ~./...~..~.g(..ate,/ .................. Street and Number Municipality PERMIT TO USE ~]?~///~ "F~ ~ L~c,'C~, 7' ~To/?/~' 'k"~/,,~-r,-; '/~'~ ~ ) PERMIT FOR OCCUPANCY ) 1. LOCATION OF THE PROPERTY ............ U,,:..L.q,.'.~..:.~.../~..Z~.........-'~...~.'.~,. ................. i_47.../..i ................. Street Use District on Zoning Mop ............. ..~.. ........................................... ~ .................. /v~ep No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for ( ~ A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 PREVIOUS APPEAL A previous appeal (has) (ha~ot) been made with respect to this decision 4. of the Building Inspector or with respect to this property. Such ~ppea! was ( ) request for a special permff ( ) 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 ,s requested for the reason that (Continue on other side) REASON FOR APPEAL I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because %i>~¢~ 2. The hardship created is UNIQUE and is not shored by o][ properties alike in the immediate vicinity of this property and in this use district because ? ,//~/~'~- ~-~c~... /,.~ ,* ~ -'~.~ ,f~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because~,*; ~- ;,u~ ..... ~;~_, ,~,n, ,_~ / ;,' x..~ ¢~'~ ~¢ ~; m'o:-¢~ STATE OF NEW YORK SS Signature Sworn to th~s///--// :oy of...~.~';Ct'~Cf~..?... ................... 1~ ~? Notary Public !NO'f~LRY ?U~LtO, $]-~+e of JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE 765-3783 January 11, 1977 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Re: Application of Matt-A-Mar, Inc. for a variance, Appeal No. 2242 to: JTT/bn I have on file in my office notificstion by certified mail Vina Baker & Ano., 455 Franklin Roosevelt Drive, B-407, N.Y., N.Y. 10002 Town Clerk TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 TEL. 765-1802 January 28, 1987 Henry Raynor Love Lane Mattituck, N.Y. 11952 Re: Matt-A-Mar Inc. Reviewing the property, I find that at the time the question of constructing a storage building was discussed, Appeal #2419-6/]/78, the chairman ruled then, and correctly so, that a storage buildin~ for storage is an industrial use and the property is zoned business. I would also point out that Appeal #2242-1/17/77 dealt with open storage of boats, at that hear- ing, the decision for outside storage was ap- proved with the condition that "no storage or marina uses within ]00 feet of Wickham Ave. to the East." Screening that area was promised but never materialized. Before I can certify the latest proposal, these conditions will have to be addressed. VGL:hdv Very truly yours, Victor G. Lessard Exec. Admin. p.s. Part of hearing 6/1/78 enclosed. § 100-55.9 SOUTHOLD CODE § 100.60 § 100-55.9. Applicability. All of the provisions of the Code of the Town of Southold not incon- sistent or in conflict with the provisions of this Article shall be appli- cable in the AHD District. ARTICLE VI B Light Business District ~ ~(1) § 100-60. Use regulations. In a B District, no building or premises shall be used, and no building or part of a building shall be erected or altered, which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: Al Permitted uses, subject to site plan approval by the Planning Board in accordance with Article XIII hereof. [Amended 10-26-76 b~ L.L. No. 5-1976; 2-1-83 by L.L. No. 2q983] Any permitted uses set forth in, and as regulated by, the following provisions of this chapter: {a) Subsection Al2) and (3) of § 100-30. lb) Subsection Al3) of § 100-40. {2) Business, professional and governmental offices. (3) Banks and financial institutions. ~4) Retail stores. ~ (5) Restaurants. ]6) Bakeshops {for on.premises sale at retail). (7) Laundromats and similar establisinnents. (8) Personal service stores and shops. (9) Marinas for the docking, mooring and accommodation of noncommercial boats, including the sale of fuel and oil primarily for the use of boats accommodated in such marinaJ § lO0-(iO ZONING B. [Amended 7-1-86 by L.L. No. 5-1986] Uses permitted h: special exception by the Board of Appeals. The following use are permitted as a special exception by the Board of Appeal'~ as hereinafter provided, and, except for the uses set forth i~ Subseotion B(2) hereof, are subject to site plan approval b: the Planning Board in accordance with Article XIII hereof: (1) [Amended 10-26-76 by L.L. No. 5-1976] Any specia exception use set forth in, and as regulated by, th following provisions of this chapter: la) Subsection B(2) to (13), inclusive, of § 100-3( lb) Subsection B(2), (4) and (5) of § 100-50. (2) Special exception uses set forth in and as regulated b § 100-30B(16) of this chapter. [Added 7-1-86 by L.I No. 5-1986] C. Accessory uses. [Amended 5-30-75 by L.L. No. 3-1975; 1! 26-76 by L.L. No. 5-1976] (1) Accessory uses on the same lot with and customari] incidental to any permitted use and not involving separate business. {2) Signs, subject to the following requirements: la) Detached or ground signs. One [1) sign, single- ~ double-faced, not more than six (6) feet six { inches in height and twelve [12) feet six (6) inch in width, the lower edge of which shall be not le than four {4) feet above the ground and the upp edge of which shall not extend more than fift~ {15) feet six {6} inches above the ground, whi, sign shall be set beck not less than five {5) fe from all street and property lines and shall a vertise only the business conducted on t premises. As used in this subsection, the wo "premises" shall mean all contiguous property common ownership. {b~ Well signs. One {1} sign attached to or corporated in each building wall on a public strt Suffolk County Department of Planning H. Lee Dennison Exccutive Office Building Veterans Memorial l!ighway Hauppauge, New York 11787 February 1, 1977 Town of Southold Board of Appeals FEB 3RE 'D, Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determin- ation. A decision of lo~al determination should not be construed as either ap. approval or a disapproval. Applicant Municipal File Number Sterling Nurseries, Inc. 2236 H. Marshall Frost 2237 Richard Kehrbaum 2238 Joseph Gold 2239 B. Shackman & Co. 2240 Mmtt-A-Mar~ Inc. 2242 Helmut Hass 2244 CP.]: fp Very truly yours, Lee E. Koppelman Director of Planning by ~ ...... ~ O TOWN CLERK 765-3783 Building Dept. Planning Bd. 765-2660 Board of Appeals TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southo~d, 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¢3.r.d. of. ~n,]~p{~A],$ ........... of the town of... So. UthOld ................. (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) Matt-A-Mar, In¢. ................ New and recodified zoning ordinance Wickham Avenue ................ Amendment to the zoning ordinance Mattituck, NY 11952 ................ Zoning changes ................ Special permits ..... X ........ Variances Location of affected land: .....W~/~..~.(~kha~...Aven~e.~...N~t,%~.t~(~k.r..~¥ ........................................ within 500 feet of: (check one or more) ..... Z ........ T. ew~.e~-,~bet*r~ie~44~e, or shore line ................ State or county road, 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 a public building is situated Comments: The Board granted the applicant permission to store boats on the premises subject to the condition that there be a 100' buffer zone between the storage section and Wickham Avenue. Chairman Title Date received by Suffolk County Planning Commission ................................ .................................................... File No ................................. XXXX 1802 May 5, 1978 James Maimone Gary F. Olsen,~Esq. Main Road Mattituck, New York 11952 Re= Matt-A-Mar Dear Mr. Olsen= In response to your letter of April 28, 1978, concerni~g Matt-A-Mar Marina, please be advised that the sale of boats is a speciality permitted now in a "C" Light Industrial District. This has been discussed with the Town Attorney a~d Be advises that you cannot constue a variance use in the "B-i" District. Consequently, a variance is rec~ired to sell boats. Yours truly, ROBERT W. GILLISPIE, JR. CHAIRMAN RWG=bcc ~ 3, 1978 RWG: Gary Olsen called regarding Matt-A-Mar. He wants to know whether or not they will have to apply for a variance to sell boats on the premises. Letter was mailed from Mattituck on April 28, 1978, and to date we have not received same. Mr. Olsen would like the Board to discuss this matter informally on Thursday, and advise him b~letter of their decision. bcc (3ary FLaNNEr OLSEN COUNSELLOR AT LAW P. O. BOX 38 · April 28, 1978 Re: Matt-A-Mar Variance Application File # 2331 Dear Mr. Gillispie: Please let this confirm our recent conversation in re the above captioned matter. As I indicated to you, Mat~-A-Mar Marina would like to engage in the retail sale of boats as an accessory use to its present operations as a marina in Mattituck. The re- tail sale of boats would not be a separate business, but it would be done in conjunction with its present marina to provide full marina facilities. The property is zoned Bi, and I would like an opinion from the Zoning Board of Appeals as to whether or not it will be necessary to obtain a Variance or whether said activity is permitted as an accessory use under Article VII. I have had Rod Van Tuyl check other marinas within the township, which are also engaged in the re,ail sale of boats in a B1 area, andh~ ~ indica- ted that the Village Marina in Mattituck would be in ~{rala c ~tagory. Please advise. Very GFO/clr Southold Town Zoning Board of Appeals Main Road Southold, New York 11971 Attention: Robert Gillispie ' C O Southold Town Board of Appeals -36- January 27, i9~ THE CHAIRMAN: GEORGE~LERS: $40,000 for th~s lot,I put the house ~tha7 GERAR[ GELB?S ~ untouched and unsp( ' Is this a year-round house? [es. I believe Mr. and Mrs. Gold paid it's a bit much money, and they want to they would like to have. We did it too. it's We wanted the beauty of the place, ~d and it has an open feeling. THE CHAIRMAN: ~ell, George, you'r~ not going to build any- thing for three wee} ~anyway. Would you, in the interest of being a good neighb¢ ~,~see if you can persuade them to increase the side yards. Ifj ,ou~cannot, we would, based on precedent here, have to grant~ zhe ~educed side yards. But you might suggest it, they might like/ .t b~tter, and put it to them as diplomatica!ly as possible. / ~ On motion b~r. Hulse~ seconded by Mr. Gillispie, it was ; \ RESOLVED tha~ the Southo~d Town Board of Appeals POSTPONE DECISION upon JoSeph G_olg_appl~cation, Appeal No. 2239, until Vote of t~ Board: Ayes: - ~ssrs: Gillispie, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 2242 10:25 P.M. (E.S.T.) upon application of Matt-A-Mar, Inc., Wickham Avenue, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-60 A (9) for permission to store boats on the premises. Location of property: west side Wickham Ave- nue, Mattituck, New York, bounded on the north, south, and west by Mattituck Creek; east by Baker and Wickham Avenue. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Vina Baker & Ano. Fee paid $15.00. THE CHAIRMAN: The County tax map indicates that the marina is located on approximately nine.acres, a peninsula off of Wickham Avenue. Is there anyone present who wishes to speak for this application? Are you Frank Nowak? Is there anything you want to add to the application? FRANK NOWAK: NO, I think it's pretty self-explanatory. Southold Town Board of A~peals -37- January 27, 1977 THE CHAIRMAN: Did you used to store boats here? FRANK NOWAK: No, we never went into that. Originally, the zoning for the marina was such that we could store boats and when they changed it the last time, apparently it was changed so that we couldn't. THE CHAIRMAN: Storage and repair of boats which had been an accessory use in a marina would be in a marina district where you would have a marina, the district you have. It was modified to, I think it was meant to cover large buildings and so forth which was probably initiated as a result of the Strong Marina, the people wanted to build a big building down there. In other words, it's a grey area in there as to what constitutes an ac- cessory use, when the accessory use becomes the main use, when is a marina not a marina. I don't think anybody could really de- fine a marina. I was in court in Riverhead once with the man who said he initiated the word "marina", a New Yorker. He was unclear about it because the concept of a marina is changing. But, a repair shipyard has to be in the light industrial area, but I think what you propose here is non-commercial. FRANK NOWAK: It's strictly private. THE CHAIRMAN: You need the fees for storage and also as a convenience for the owners, and you make some repairs. FRED HULSE, JR.: How large a boat would you store? FRANK NOWAK: It's a big area. FRED HULSE, JR.: I know there's a lot of room there, but how big a boat do you take in? THE CHAIRMAN: What's the longest boat you store now? I mean dock. FRANK NOWAK: We dock boats up to 60'. FRED HULSE, JR.: Could you handle storing a boat that size? FRANK NOWAK: No, that's too big. 30' or 40'. The average boat is around FRED HULSE, JR.: Do you have a travel lift or anything? FRANK NOWAK: No, not at the present time. FRED HULSE, JR.: You'd have to get one then. THE CHAI~qAN: You could put it over here on this side, on the north side. © O Southold Town Board of Appeals -38- January 27,1977. FRANK NOWAK: On the south side. That would be the more logical side. ~ THE CHAIRMAn: This your whole lot is wooded. FRANK NOWAK: Well, is all wooded area here and back here, it's sparsely wooded, very light. THE CHAIRMAN: Is there anyone present who wishes to against this application? (There was no response.) speak THE CHAIRMAN: If not, I'll offer a resolution granting this application as applied for and agreeing with the reasoning of the applicant. Permission is gran%ed to store boats. You plan ~o store boats that dock in your marina, right? FRANK NOWAK: That's correct. THE CHAIPJ~AN: Not in excess of the number of boats that dock in the marina. You have, what, 70 slips? FRANK NOWAK: I have requests for boats from various places, people that would live in different places that would like to store on the island. Of course, this would add to our employment. THE CHAIrmAN: How many boats do you think you can count on, would you want. FRANK NOWAK: That's a very difficult question. THE CHAIRMAN: It looks to me like you have plenty of room there. FRANK NOWAK: idle. I have to put that to some use, it's sitting THE CHAIRMAN: You have a pool there. FRANK NOWAK: for the boaters. That's for the boaters and we use that strictly FRED HULSE, JR.: What did you say, you have 70 Slips now? FRANK NOWAK: No, about 80 slips. THE CHAIRMAN: And you haven't built up the whole area yet, I think you have permission to go all the way around. FRANK NOWAK: I have a permit from the Town of Southold to go all the way around. I'd have to get the Army Corps of O Southold Town Board of Appeals -39- January 27, 1977 Engineers' permit and the New York State Environmental permit. THE CHAIRMAN: Well, let's put a limit of 100 boats on it. If you need more than that, you can come back to us. We'll see how it goes, we can review it after a couple of years. FRANK NOWAK: It's such a large piece to put a limit on, it would be kind of a hardship if we got into the business. To limit it, once you set it up as a business, would not be an ideal situation, if you go out, purchase a travel lift, and put it in. THE CHAIP~kAN: It's hard to put restrictions on something like this. FRED HULSE, JR.: Maybe we should set from the road, so we can avoid a situation here with the boats right out on the road. it back so many feet like the one down FRANK NOWAK: There's a breaker zone of woods in front of it. THE CHAIRMAN: 100' off Wickham Avenue wouldn't bother you at all, would it? FRANK NOWAK: No, not at all. It's a large enough piece. THE CHAIRMAN: If you were driving along here, I don't think you'd be able to see boats stored over here. MRS. NOWAK: We wouldn't want to put them out on the road there, there are houses across the street. We live across the street. FRANK NOWAK: There's a buffer zone of woods right across there. It's bulkheaded from this corner (on map) right around to about here. THE CHAIRMAN: It's got about 87 slips around to here, right? It looks like you could put in another 40 or 50. FRANK NOWAK: I get a lot of people asking for storage. is why we originally did it. This THE CHAIRMAN: Anyone else wish to speak for this application? (There was no response.) Anyone against? (There was no response.) Southold Town Board of Appeals -40- January 27', 1977 After investigation and inspection the Board finds that the applicant requests permission to store boats on the premises, west side Wickham Avenue, Mattituck, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. 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. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED, Matt-A-Mar, Inc., Wickham Avenue, Mattituck, New York be GRANTED permission to store boats on the premises, west side Wickham Avenue, Mattituck, New York, as applied for, subject to the following condition: There shall be no storage or marina uses within 100' of Wickham Avenue to the east. Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 2244 10:40 P.M. (E.S.T.) upon application of Helmut Hass, North Road; Peconic, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off lot with insufficient area. Location of property: south side CR27, Peconic, New York, bounded on the north by CR27; east by Cornell Construction; south by Suffolk County; west by other land of applicant. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Joseph C. Cornell Construction Corp.; Suffolk County; Richard Foster and Margaret Foster. Fee paid - $15.00. THE CHAIRMAN: The application is accompanied by a survey indicating that there is a one-story, framed shop on this parcel which the applicant proposes to sell. It's a long parcel, 501' on the west and 100' on CR27 on which there's a one-story shop, a one-story, framed house and a two-story framed house. The BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : to the Board of Appeals of the Town of Southold NOTICE TO: J66O ~* 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) (Special Exception) (Special Permit) (the following relief: 2. That the property which is~he subject of the Petition is located adjacent to your property and is des- cribed as follows: .I~.~_ ~ /i~ .Z ,~ xv D o/v T~._,Z .~,.,T/d q- L.U~C_T- '2, fb~_~ 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: 5. That the provisions of the Southold Town Zoning Code avplicable to the relief sought by the under~ signedare: lq I~T V1 ~ t ~0-G o (~ (o~c- ~- TooJ~ oE ~o~7~a~-~ 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. Dated: ~-r/~ ,~j 27 ' / ~/'7 ~ Petitioner Post Office A~j~lr~ss ~.j~o~ /~"~ ~ /~/~, Tr/7-UCK' ./v' ~; PROOF OF MAILING OF NOTICE NAME I/Nt ADDRESS OE/~/~ / RECEIPT FOR CERTIFIED MAIL--30, SENT TO STREET AND NO. P.O., STATE AND ZiP CODE OPTIONAL SERVICES FOR ADDITIONAL FEES (plus postage) POSTMARK OR DATE PS Form Apr. 1971 3800 NO INSURANCE COVERAGE PROVIDED--- (See other NOT FOR INTERNATIONAL MAIL * STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ~ ~-T*T I T'o ~/~ , being duly sworn, deposes and says that on the / / day of /~'/~/~ ,19 ~_~___, deponent mailed a true copy of the Notice set forth on the re- verse side hereof, direc£ed 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- rice at /~/~-/- ~- / ~ u 0 ~ ; that said Notices were mailed to each of said persons by (certified) (registered) mail. ,/~ Sworn to before me this II 7,,'/ Notary Public 'RICHARD ~,,. Sf.~TTH NO. SEE SEC. NO. 139 SEE SEC NO. 139 TOWN OF SOUTHOLD 154.6 ® 9.0A(c) le