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HomeMy WebLinkAbout2240 AppealNo. 2240 ACTION OF TI-YE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To B. Shackman & Co. (Gary Olsen, Esq.) 85 Fifth Avenue New York, NY TO%NN OF SOUTHOLD, N~W YOI~K .... Jan. 27, ACTION OF THE ZONING BOARD OF AFPEALS Dated January 11, 1977 Appellant 1977 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 EXCEPTION. 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 8:55 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 Zoning Ordinance, Article VI, Section 100-60 A (1) for permission 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 and others. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because SEE REVERSE difficulties or unnecessary (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 (e) 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. S .E VERSE / After investigation and inspection the Board finds that the applicant requests permission to construct dwelling unit in a business building, Main Road, Laurel, 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 nieghborhood, and will observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, B. Shackman & Co., 85 Fifth Avenue, New York City, New York (Gary Olsen, Esq.) be GRANTED permission to construct dwelling unit in business building, Main Road, Laurel, New York, as applied for, subject to the following conditions: The apartment to be created in the second floor of the barn over the antique shop shall be not less than 850 sq. ft. The abandoned residence on the easterly portion of the property shall not be used for residential purposes unless it is set off on a lot of 40,000 sq. ft. in area. Vote of the Board: Ayes: ~ Messrs: Gillispie, Hulse, Grigonis. RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE~ ~/8- 77 HOUR ~./~ ~.~. ~erk, Town of Southold LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be h~ld 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 ulk Schedule for permission to construct addition with insuf- icient setback. Location of property: Highwood Road, Southold, New York; Lot No. 7, Highwood at Bayview; Map 95547. 7:40 P.M. (E.S.T.) upon application of Joseph Czartosieski, 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, A~ticle VII, Section 100-70 and Bulk Schedule for permissien to construct addition with in- sufficient side-yard setback. Location of property: north side Main Road, Cutchogue, New York, land of applicant; east by S. & west by J. Scott. 8:00 P.M. (E.S.T.) review of bounded on the north by other E. Realty; south by Main Road; 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 217, 1977 exception in accordance with the Zoning Ordinance, Article Iii, Section 100-30 B (8) for permission to operate a labor ca~p. Location of property: north side CR27, 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. Shac~man & Co., 85 Fifth Avenue, New York City, New York (Gary Olsen, Esq.) for a variance in accordance with the Town Law, Sectio~ 280A 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 Ma~n Road; west by Ciaqlo & others. 8:50 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 Zoning Ordinance, Article VI, Section 100-60 A (1) for pDrmission to construct dwelling unit in business building. Location of property: Main Road, Laurel, New York, bounded on ihs 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 Road, 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 £1ub; south by Peconic Bay; west by now or formerly Dittmer. 9:15 P.M. (E.S.T.) upon application of Steven and Mary Cietusniak, 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 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 Mineola 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 Mineota Road, south by 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 of property: Haywaters Road Ext. Nassau Point, Cutchogue, New York; Bay Properties. side-yard setback. Location (Fisherman's Beach Road), Lots tl & 12, Map of Peconic ~:55 P.M. Wickham Avenue, with the Zoning O~dinance, Article VI, Section for permission to store boats on the premises. property: west side Wickham Avenue, Mattituck, (E.S.T.) upon application of Matt-A-Mar, Inc., Mattituck, New York for a variance in accordance 100-60 A (9) Location of 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 He!mut 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 Cornelt 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 %he 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 FORW~_RD THIRTEEN (13) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the followmng on January 14, 1977 George N. Terry Joseph Czartosieski Sterling Nurseries, Inc. Harold Green Gary O!sen 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 Bass 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 Southbld. New York. public hearings will be held by the Zoning Board of Appeals at the Town Off icc. Maifi Road Southold. Ne/V Yoyk on Thin'sday, January 27, 1977, on the following appeals: 7:30 P.]~ (E.S.T.) upon ap- plication of George~N. Terry, 600 Highwoed Road. Southold. New York for a variance m ac- cordance with the Zoning Or- dinance. Article III, Section~ 100- 30 and Bulk Schedule for per- mission to construct addition with insufficient setback Location of pToperty: Highwoed Road. Southold. New York: Lot No. 7. Highwoed at Bayview; Map No. 5547. 7:40 P.M (E.S.T.) upon ap- plication of Joseph Czartesieski. RR1 BOx 195A. 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 ea the north by R. Asselt~: 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 Road. Cufchogue~ New York for a variance m, ac- cordance with the Zoning Or- dinance. Article VI1. 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. Pthetree Road. Cutchogue, New York. 8:15 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. Peeanic. 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., 85 Fifth Avenue, New York City, New York (Gary Olsan, Esq.) for ] a variance in accordance with I Town Law. Seetion 280.4 for approval of access. Loeafion 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-~ plieation of B. Shaekman & Co., I 85 Fifth A~venue Ne~ York City / New York (Gary 01sen, 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 Road; 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 Zoning Or- dinance. Article III. Section 100- 30 and Bulk Schedule for per- mission 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 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 permmsiea 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. Bandarchuk; west by W. Terry, Jr. 9:25 P.M. (E.S.T.) upon ap- plication of Richard Kehrbaum. Camp Mineola Road. Mattiinck. 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-yacd 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 al~ plication of Joseph Gold. Prospect St., Freeport, New York (George Ahlers. Builder. Inc.) for a variance in accordance with the Zoning Ordinance. Article Section 100.30 and Bulk Schedule for permtssion to construct dweliing 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 Pecoulc Bay Properties. 9:55 P.M (E.S.T.) upon ap- plication 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 premxses. Location of property: west side Wickham Avenue. Mattithck. 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- plication of Helmut Hass. North Road. Peconic. New York for a variance in accordance with the Zoning Ordinance. Article III. Section 100-30 and Bqlk Schedule for permission to set off lot with insufficient are&. Location of property: south side CR 27. Peconic. New York. bounde0 on the north by CR 27: 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 BY ORDER OF THE SOUTHOLD tOWN ... being duly Sworn, ~isher of the SUFFOLK BOARD OF APPEALS 1TJ20--~579 ~ ~t Greenport, in ~aid id that the n,etic~, of which the annexed is a printed been published in the ~aid Suffolk Week]~ Times ch week, ~or on~ (~) ........................... weeks Iy vommencing on the ....t~..e.~.~.:i_.e..~.h. ........... Jan~y- ~ _ .~ 77 _ ~-~. %: ;~./¥-~..~~ .............. ~/~..~v~..~e me this .. ~. ~. .... ~ LEGAL NOTICE Notice-of Hearings Pursuanr to SectiOff'267 of the Town Law and the provisions of the Amended Building Zone Ordi- nance of the Town of Southold. New York, public, hearings will be held by-the'Zoning Board of Appeals at tl3e Town Office. Main Road. Southold_ New York on. Thursday, January 27. 1977. on the following appeals: 7:30 P.M. (E.S.T,/upon appli- cation of George N Terry, 600 Highwood Road. Southold. New York for a variance in accordance with the Zoning Ordinance. Art- icle III, Section 100-30 and Bulk Schedule for permission to con- srrucr addition with insufficient setback, Location of property: Highwood Road. Southold. New York: Lot No, 7. Highwood at Bayview; Map #SS47. 7:40 P,M. (E.S.T.~ upon appli- cation of Joseph Czartosieski. RR1 Box 194A. Main Road. Cutchogue, New York for a variance in accordance with the Zoning Ordinance Article III. Section 100-30 C Ill a.b,c,d for permission to conduct home oc- cupation. Location of property: north side Main Road. Cutch- ague, New York bounded on the north by R. Asselta: east by J. Faszeowski: south by Main Road: west by R. Asselta. 7:S0 P.M. (E.S,T.} upon appli- cation of Sterling Nurseries. Inc.. Main Road. Cutchogue, New York for a variance in accordance with the Zoning Ordinance. Art- icle VII. Section 100-70 and Bulk Schedule for permission to con- srruct addition with insufficient 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. & E, Realty; south by Main Road: west by J. Scott. 8:00 P.M. /E.S.T.i review of Henry C. Scherz application for a variance to divide property with insufficient area. Pinetree Road. Cutchogue. New York. 8:18 P.M. (E.S.T.I upon appli- cation of Harold Green. P.O. Box 54. North Road tCR27k Peconic. New York for a special except]on in accordance with .the Zoning Ordinance. Article III. Section 100-30 B (8l for permission to operate ~ labor c~imp. :Location of property: north side CR27. Pecon- ic. New York. bounded on the north by LILCO: east by T. Mrowka Est. &-others: south by CR27: west by peconm Homes Subdivision, A t'-~8:40 P.M. (E.S.T.I upon appli-~ cation of B. Shackman & Co., 85 Fifth Avenue, New York City, New York (Gary Olsen, Esq.) for a variance in accordance with the Town Law. Section 280A 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 Ald- rich Lane; south by Main Road; ~west by Ciaglo & others. ..., "- 8:50 P.M. (E,S.T.I upon appli- cation of B. Shackman & Co.. 85 COUNTY OF SUFFOLK STATE OF NEW YORK ss: Sherley Katz, being duly sworn, says that she is an Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, nas been published in said Long Island Traveler-Watch- man once each week for ............ ../~. ........................ weeks o,, the ............................. ooy 7 ? ......... ....... ............  fore me this .....~.../.. ............. day of Nota ~ ETHEL PALLADINO ~O~ARY PUBLIC, State of New York No. 52-46289153 Qualified in Suffolk County Corarai~io~ Expires March 30. 1978 FOR~ NO. 3 TOWN OF SGUTHOLD BUILDING D~EPARTME'NT TOWN CLERK'S OFFICE SOUTHOt, D, N. Y. NOTICE OF DISAPPROVAL File No .................................................................. Dote ...... ~ ....... ~..( ................... , 19.Z.,~ ............. ......................... .......................................... 6.:_.../ ....................... .... ...~/~, ..~....~,,4 ~.,..,,: ............. Street Map ...................... ...%~.... Block ........... ..¥. ........................... Lot ..... ~ ....................................... is ........ '~ ........... ,~:;d disapproved on the following grounds ....... /_.:.~., &~..~ ........ .~.....~ ............................................. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD DF APPEALS, ,TOWN O? S,OUTHOLD, N. Y. APPEAL NO. o~ 0 V ~ DATE. ,.,;/..~J. ~/...Z 2..~. .... - ~ - N6m~ of Appbtla.ri~r - ~ ' Street end6Nu~b¢,r .............-;...: ............ ~,..Y_.C ....................... r ............. ' ....... z .... ...~f~..Y,,Q~.tf.~..CtER~:BY APPEAL: TO Municipa~lity St~fe :~HEJZON.[NG BOARD OF APPEALS FROM TFIE DECISION ,OF THE JBtJILDING INS~ECT©R ON ;PPLICATION FOR PERMIT NO DATED WHEREBY THE BUILDING INSPECTOR DENIED TO (x) ( ) ]3 ...Sbacla:na~.~..Co .......................................... Name of Applicant for permit of .B~..E~t~.A.v.~e. ..................... ;N~.%.,..C. ................... .N...e...w....Y...q.z?..k. ....................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY IL LOCATION. OF THE PROPERTY .~a~ P~ad, ,.(kxk..xZ,. ~. ~t¢, ?~5]~v~.~.C~.s' ' Stceet :;~_¢ Use District.on Zoning Map ~ap No. Lot No. 2! PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- sectio~ and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) . ~m~'inlo ~ ~q~ntinn lO0-fiOA (]~) 3J TYPE OF APPEAL Appec is made herewith for (X) A VARIANCE to the Zoning Ordina.nce or Zoning Map I ¢ A VARIANCE~ due t~ lack df access (State df New York Zow_n Law Chap: 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4: PREVIOUS APPEAL A previous appeal (:~:~ (has not) been mode witk respect to this decision o{ the BuDding Inspector or with respect to this property. S~ch appeal was ( ) request for a special permit ( ) request for a varmnce and was made in Appeal No ................................. Dated ................................................................. REASON FOR APPEAL ( i ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance use variance ( ) is requested for the reason that (Continue on other side). REASON FOR APPEAL Continued 1. STRICT APPL[CAT[ON OF THE ORDINANCE wou[d produce practica] difficulties or unneces- sary HARDI~t[~.iiI~O~Tsq~se applicant seeks to re~movate a barn on the sub~eet premises (Zoned B~ to be used as ~ ~que Shop~ The applicant also seeks to~nc~um~' ~ ~ Lu the re~ovation~ li-~ng quarters upst~rs in the barn ~ order to g~ fu~ return of ils investmento and~ to be ne}r its place of bus~esso Due to the fact thai the barn is a mll~ries m heigh~ ~d omy ihe lower le+eI win be used ~ud needed for lhe bus.ess, the said barn is idealy s~ted for Luctud~g ~v~g quarters up- stairs. When lhe app~c~t coniracted io purchase the subject premises~ the above contemplaied re~ova~ons were permi~ed~ but due ~o a recent change ~ ¢he Southold Town Zo~g Law~ this application for a Use Variance is required~ 2. The hardship created is UNIQUE and is not shared by ali properties aJike in the immediate vicinity of this property and in this use district because appJh, carzt seeks to comlbL~e~ residential use with a business use. ti is to be noted, however, that a residential use would in addition~ but not exclusive, of the businsss ~se. It is contemplated that the residence will be occupied by the proprietor of the business. 3. The Variance would observe the spirit of the Ordinance end WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because tb_e property will be used as a retail antique business with living quarters above same Lu a barn to be rermovated by the applicsmt. The pro~ posed alterations will improve the general appearance of the neighborhood and wi~ be an asset to the Town of Southold. STATE OF NEW YORK ) ) COUNTY OF SUFFOL~ SS Gary Flanner Olsen~ Attorney Sworn to this ~ day of......De.~e-r~be~. .............................. 19 78 ......... ...... Term Expire~ March 20, I9~ JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TO: January 11, 1977 Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Re: Application of B. Shackman & Co. for a variance-Appeal No. 2240 to: JTT/bn I have on file in my office notification by certified mail Frank J. Murphy, Mattituck, N.Y. 11952 S.G. King, P.O. Box 37, Laurel, N.Y. 11948 Anna Ciaglo, Laurel, N.Y. 11948 Marguerite Scholtz, 91 Sound Avenue, Riverhead, N.Y. Town Clerk TELEPHONE 765-3783 11901 TOWN CLERK 765-3783 Building Dept~ Planning Bd. 765-2660 Board of Appmds 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 ....... ]~oar..~. Of..A~pf~.~],l[i ........... of the town of .... .S.o.~..t.h.o.l.~ ................ (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ................ New and recodified zoning ordinance ................ Amendment to the zoning ordinance ................ Zoning changes B. Shackman & Co. 85 Fifth Avenue New York, NY ................ Special permits ..... .]~. ....... Variances Location of affected land: ~-1~]/~j[~t~1i~`d~Z`t~`~/j~J~J~`~h~-~#~--~z~-~ .......... 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 ................ 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 approve~ this application subject to the conditions that the apartment shall have at least 850 sq. ft. &n~ that the &handoned residence on the east shall not be used for a residence unless it is set off on 40,000 sq. ft. D- Jan. 28, 1977 Date received by Suffolk County Planning Commission ................................ .................................................... File No. ' Suffolk County Department of Planning H. Lee Dennison Executive Office Building Veterans Memorial Highway Hauppauge, New York 11787 February 1, 1977 To%rn of Southold Board of Appeals F£B I EC'D, Pursuant to the requirements of Sections 1323 to 1332 o£ 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 local determination should not be construed as either an approyal or a disapproval. Applicant Sterling Nurseries, Inc. H. Marshall Frost Richard Kehrbaum Joseph Gold B. Shackman & Co. Mmtt-A-Mar, Inc. Helmut Hass Municipal File Number 2236 2237 2238 2239 2240 2242 2244 GG13: fp Very truly yours, Lee E. Koppelman Director of Planning AFFIDAVIT STATE OF NEW YORK) COUNTY OF KINGS ) SS. : DOMINIC J. CATALANO, being duly sworn, deposes and says: THAT I am the owner of certain property located at the northwest intersection of Aldrich Lane and Main Road, Laurel, Town of Southold, Suffolk County, New York, which is the subject of a variance application brought by B. Schackman & Co. for a lack of access variance and a use variance; and THAT I hereby consent to the application being brought in their name as contract vendee. Domini d_/J. Catalano Sworn to before me this --~fday of p.~:~' , 197~. ~' ~otary~l~ublic/.~,~ ~'~: BOARD OF APPEALS, TOWN OF SOUTHOLD "; In the Matter of the Petition of : ... F. SHACKMAN & CO. : to th~ Board of Appeals of the Town of Southold : TO: NOTICE YOU ARE I-[EREBY GIVEN NOTICE: ~ i. That it is the intention of the undersigned to petition the Board of Appeals o~ the To~na of Southold to request a (Variance) (~p~ht]~~~m~ci~i~x~l~kx (the follo~ring relief: Use Variance pursuant to Article 6 Section 100-68 (1) ). 2. That the property which is the subject of the Petition is located adjacent to .your property and is described as follows: On the North bY Murphy and others: East by Aldrich Lane; South by Main Road (NYS V~on~'o ~5): wool- by Ciaglo and M.E. Scholtz and A.S. Young. 3. That the property which is the subject of such Petition is located in the following zoning district: B- B,,~ineas 4. That by such Petition, the undersigned will request the following relief: T0 combine the residential use with a business use, 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the undersigned are: Article 6 Section 100-68 (1) 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 le~t five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler?Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: December 23, 1976 · P. Shack,man & C~. / Peti6oner Gary Ffanner Olsen, Esq. as attorney' Post Office Address: Box 38. Main Road Mattituek. New Yopk 119.52 The following people will be ~rved: PROOF OF MAILING OF NOTICE NAME Frank J. Murphy S.G. King Anna Ciaglo Marguerite Scholtz ADDRESS Mattituck, New York P.O. I~ox 37, Laurel, New York Laurel, New Yobk 91 Sound Avenue, Riverhead, New York STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) G~ry ~Flanner (~lsen , residing at Fox 2g. lanin pond M@ttltuek. New York 11952 , being duly Sworn, d~poses and ~ays that on the 23rd day of December , 19 76 , deponent mailed a true copy of the Notice set forth on the reverse 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~a~led at the United States Post Office at Mattituck, New York ; /that skid Noti~es/ were mailed to each of said persons by (certified) (registered) mall, ~ Sworn to before me this 23rd day of December . 1976 Notary Public / R._ECEIPT FOR CERTIFIED MAIL--30c (plus postage) F~ank j. Murphy Mattituck, New York NO INSURANCE COVERAGE PROVIDED-- ($.e other WOT FOR INTERNATIONAL MAIL RECEIPT FOR CERTIFIED MAIL~30c ('plus pos ~g/_~Sound Ave hue ~ , RECEIPT FOR CERTIFIED MAIL- 30~ (plus postage) S. G. King P.O. Box 37 ' -- '"' / /~' ---..,, Laurel. New York RECEIPT FOR CERTIFIED MAIL--30c (plus postage) Annn C. Ciaglo L,~urel, New York ~e~ -.-.-..- AS~°c~°~tOf~ Laurel / / \ \ \ D 384 A ( c~ 36.1 FOR PARCEL NO. SEE SEC. N0.127-01-001 MATCH LI ~ E 2 83,3A(C) fi) Legend Denoles Common Owner Z Town Line ----.S- --- ISubdivls'°n Block No. (21) Calculated Area