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HomeMy WebLinkAbout1988Appe~ No. 1988 TOWN OF SOUTHOLD, NEW YOEK DATE ...Feb.....2.7. 1975 ACTION OF THE ZONING BOAteD OF APPEALS Rehearing Dated December 11, 1974 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OFSOUTHOLD Harvey Bagshaw To Deephole Drive Mattituck, New York Appellant at a meeting of the Zoning Board of Appeals on Feb. 27, 1975 wars~i~en~hde 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 ( ) Request for a variance to the Zoning Ordinance ( ~ Variance granted on January 9, 1975 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 Ordlnanee and the decision of the Building Inspector ( ) be reversed ( ) be confk~med because 7:30 P.M. (E.S.T.) Rehearing for reconsideration of previous grant of variance to Harvey Bagshaw, Deep Hole Drive, Mattituck, New York on applicant's request for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 (B)(f) for permission to construct Body Shop within 300 feet of a residential zone. Location of property: N/S Main Road, Laurel (Dist 11), New York, bounded on the north by J. O'Connell; east by A. Goodale; south by Main Road; west by J. O'connell. 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) (~ not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( that the previous decisions of the Building Inspector ( ) be confirmed ( SEE REVERSE FOR~I ZB4 ) be granted ( ) be reversed. ~ /~ "-',,'~[-~_[~ ~~ZONING BOARD OF APPEALS Chairman-~ard of hp~al~ ~ Betty Neville, Secretary Pro Tem Southold Town Board of Appeals ) be denied and The findings of the Board are that Town Attorney, Robert W. Tasker and special counsel Frank Yakaboski, Esq. are of the opinion that based ~pon recent court decisions, the Board of Appeals has no authority to vary the conditions set forth in the Ordinance uRon the approval of a special exception. XHx~X~WXNXX~XX~NX~, THEREFOP~E IT WAS RESOLVED, that Action of the Board of Appeals dated January 9, 1975 on Appeal No. 1988, Harvey Bagshaw, Deep Hole Drive, Mattituck, New York, be RESCINDED, without prejudice to any future applications, for the reason that Counsel has determined that the Board does not have the authority to modify the Zoning Ordinance with regard to specific conditions laid down for special exceptions. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Doyen. TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZON~qG BOABD OF APPEALS Appeal No. 1988 Dated December 11, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Harvey Bagshaw Deep Hole Drive Mattituck, N. Y. DATE~an......R., 1975 1974 Appellant at a mee~ng of the Zoning Board of Appeals on January 9, 1975 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 I. SPECIAL EXCF, F~ION. By res~ution of the Board it was determined that a special exc~tion ( ) be gra~ed ( ) be de~ed pursua~ to Article .................... Sect~n .................... Subsection .................... paragraph .................... of tbe Zoning ~dinance and the ~cision of the Building Inspector ( ) be reversed ( ) be co~irmed because 7:45 P.M. (E.S.T.) upon application of Harvey Bagshaw, Deep Hole Drive, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 (B) (f) for permission to construct Body Shop on property which may not be 300 feet from a residential zone on the Bray Avenue side of the street. Location of property: N/S Main Road, Laurel (Dist. 11), New York, bounded on the north by J. O'Connell; east by A. Goodale; south by Main Road; west by J. O'Connell. Fee paid $15.00. 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 or unnecessary SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. APPROVED SEE REVERSE ~ Marj~ie McDe~ott, Secretary After investigation and inspection the Board finds that applicant requests permission to construct Body Shop on property which may not be 300 feet from a residential zone on the Bray Avenue side of the street. Location of property: north side Main Road, Laurel (Dist. 11), New York. The findings of the Board are that applicant's parcel is classified "B-l" and is surrounded by industrial and business properties with a gas station located across the street. The Board feels that this is a favorable use of the property and finds that there are many "B-l" zoned properties which are located within 300 feet of a residential district. The Board agrees 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, Harvey Bagshaw, Deep Hole Drive, Mattituck, New York be GRANTED permission to construct BODY SHOP on property which may not be 300 feet from a residential zone on the Bray Avenue side of the street (Location of property: N/S Main Road, Laurel (Dist. 11), New York), as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. 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, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals Of the Town of Southotd, at the Town Office, Main Road, Southold, New York on February 27, 1'975 on the following appealS': 7:30 P.M. (E.S.T.) Rehearing for reconsideration of previous grant of variance to Harvey Bagshaw, Deep Hole Drive, Mattituck, New York on applicant's request for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 (B) (f) for permission to construct Body Shop within 300 feet of a residential zone. Location of property: N/S Main Road, Laurel (Dist_ tl)~,_ New Yqrk, bounded On the~orth_~y J. O'ConnellL_eas~- by'-A-.~Goodale~-south~y~ain.~Road~west.by'J.~O'Connell. 7:45 P.M. {E.S.T.) upon application of Theodore Stepnowsky, Bay Avenue, Cutch0gue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct antenna tower in excess of permitted height. Locatlon- of property: Bay Avenue, Cutchogue, New York, bounded on the north ~y B. Kujawski; east by Bay Avenue (Skunk Lane); south by W. Billard; west by A. Macom. 8:00 P.M. (E.S.T.) upon application of Claude Carlson, Glenwood Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule , and Section 280A To~rn Law, for permission to divide lot with insufficient area and width, and for approval of access to rear lot. Location of property: N/S North Bayview Road,Southol bounded on the north by Hart; east by Auletto, Lotterhof, Inchanpai Others; south by North Bayview Road, west by Graseck & Zamphiroff. 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, Suffolk County, New York, public hearings will be held by the Zunin~ Board of Appeals of the Town of Southold, at the Town Office, Main Hoad, Southold, New York on February 27,1975 on the following appeals: ~ 7:30 P.M. (E.S.T.) Rehearing for reconsideration of previous grunt of variance to Harvey Bagshaw, Deep Hole Drive, Mattituck, New York on applicant's request for a variance in accordance with the Zon/ng Ordinance, Article VII, Section 100-70 (B) (f) for permission to construct Body Shop within 300 feet of a residential zone. Location of property: N~S Main Road, Laurel (Dist. 11), New York, bounded on the north by J. O'Connell; east by A. Goodale; south by Main Road; west by J. O'Connell. ~ 7:45 P.M. (E.S.T.) upon application of Theodore Stepnowsky, Bay Avenue, Cutchngue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct antenna tower in excess of permitted height. Location of property: Bay Avenue, Cutchegun, New York, boanded on the north by B. Kujawski; east by Bay Avenue (Skunk Lane); south by W. ~illard; West by A:-Macom~ 8:0~ P.M. (E.S.T.) upon application of Claude Carlson, Glenwsod Road, Culchngue, New York for a variance in accordance with the Zoning Ordinance, Article HI, Section 100-30 and Bulk Schedule, and Section 200A Town Law, for permission to divide lot with insufficient area and width, and for approval of acce~ to rear lot; Location of property: N-S North Bayview Road, Southold, bounded on the north by Hart; east by Auletto, Lotterhof, Inchanpan & Othars; south by North Bayview Road, west by Grasock & Zamphiroff. 8:15 P.M. (E.S.T.) upon application of Barbara A. Philipp, Pautipavg Lane, North Franklin, Connecticut for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Balk Schedule for permission to divide lot with insufficient area. Location of property: E-S Heservoir Road, Fishers Island, New York, boanded on the north by W. May and Reservoir Road; east by W. May and Wi]marding; south by K. Petarson; west by Reservoir Road. 0:30 P.M. (E.S.T.) upon application of Emmanuel Tsontos, 26 I.V. Willets Road, West North Hills (Healyn P.O.), ,New York for a spec/al exception tn accordance with the Zoning Ordinance, Article V, Section 100- 50, Subsection B (3) for permission to use land zoned "C" for multiple dwellings. Location of property: S-S Sound Avenue, Matt/tuck, New York, bobnded on the north by Demchuk, R. Davis, Sound Avenue, L. Yarrusso, Worthington & Others; east by J. Berdinka, J. Sinko, L. Gloecklar, F. Zanesk/, W. Jackowski & Others, and Factor~ Avenue; south by Long Island Railroad; west by Walgo & Demchuk. 6:45 P.M. (E.S.T.) upon LEGAL NOTICE Ication of Wirkham & Lark a- ~la Adams, Middle Road, ~ogue., New York for a ~nce in accordance with the ~g Ordinance, Article III, i~n 100-30 and Bulk Schedule - mission to divide lot with sYicient width and area. .~un of property: N-S Middle Road (CR 27), Cutchegue, New York, bounded on the north by Tuthill; east by Rates; south by Middle Road (CR 27); west by Schneider. 9:00 P.M. (E.S.T.) upon application of John J. Martoccl, 718 Island View Lane, Greenpert, New York for a variance in accordance ~with the Zoning Ordinance, Article III, Sect/on 100-32 for permission to construct accessory building in front yard area. Location of property: E-S Bay Shore Road Extension, Greenpert, New York, bounded on the north by Lutkowitz & Reibling; east by Peconic Bay; south by L. Malllet, Jr.; west by R.O.W. (Horn Est.) ! 9:15 P.M. (E.S.T.) upon 'application of Ruth & Guy Sobering, Sound Avenue, Matt/tuck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to use existing foundation for new construction with insufficient setback. Location of property: N-S Sound Avenue, Matt/tuck, New York, bounded on the north by Thornton Smith; east by Thornton Smith; south by Sound Avenue; west by Thornton Smith. 9:30 P.M. (E.S.T.) upon application of Harry W. Armstrong, 71 Dawn Drive, Greenport, New York for a variance in accordance with Article IH, Sect/an 100-32 for permission to locate accessory building in side yard a~ea. Location of property: Dawn Drive, Greanport, New York, Map of Cleaves Point, Block 3, Lot NO: 71. 9:45 P.M. (E.S.T.) Rehearing, amended application of Reginald Hudson a-~ Claire Brady & Others, 1~6 Front Street, Oreengort, New York for a variance in accordance with the Zoning Ordinance, Article HI, Sentiun 100-a0 B-9 and Bulk Scbedule for permiss/un to use lot for munri~g dock and storage building with insufficient width and area. Location of property: E-S Gull Pond Lane, Greenpart, New York (southerly lot), bounded North: N 66 degrees 01' 20" E 165' -t-; East: 135' -t- on W-S Canal: So--ulh: along ~'-ortherly line of Lot 12, Fore,am Acres S 60 degrees 54' ~0" W 188' +; West: along E-S Gull Pond Lane N 68 degrees 19' OOW 88.9' & N 43 degrees 00' W 51.51'. 9:55 P.M. (E.S.T.) upon application of Reginald Hudson a-c Claire Brady & Others, 136 Front Street, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 B-9 and Bulk Schedule for permission to use tot for mooring dock and storage in/lding with insufficient width and area. Location of property: E-S Gull Pond Lane, Greenpert, New York (south center lot)~ bounded North: N 66 degrees 01' 20" E 170' +; East 140' + west side Canal; South: S 66 de~'rees 01' 20" W 165' _+; West: N 68 degrees 19' 00" W 140' +_.along E-S Gull Pond Lane. 10:05 P.M. (E.S.T.) upon application of Reginald Hudson a-c Claire Brady & Others, 136 Front Street, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 B-9 and Bulk Schedule for permission to use lot for mooring dock and storage building with LEGAL NOTICE insufficient wid~ And area. Location of property: E-S Gull Pond Lane, Grennport, New York, (north center lot ), bounded on the North: N 66 degrees 01' 20" E 170' ~.; East !40' +..+..along W-S Canal; South S. 66 degrees 01' 20" W 170' 4-; West N 68 degrees 19' ~" W 91.24' and N 61 degrees 29' 10W 48.76' along E-S Gull Pond Lane. 10:15 P.M. (E.S.T.) upon application of Reginald Hudson a-c Claire Brady & Others, 136 Front Street, Groenport, New York for a variance in accordance with the Zoning Ordinance, Article HI, Section 100-30 B-9 and Bulk Schedule for permission to use lot for mooring dock and storage building with insufficient width and area. Location of property: E-S Gull Pond Lane, Grennport, New York (northerly lot), bounded North: Lot 11, Map of Fordham Acres N. 66 degrees 01' 20" E 165' 4-; East: 140' + on W-S Canal; South: 66 degrees 01' 20" W. 170'+; Wes}.: N 61 degrees 29' 10" W 140' + on East side Gull Pond Lane. 10:25 P.M. (E.S.T.) upon application of Wick, ham & Lark a- c George Burrell, 1323 Ditmas Avenue, Brooklyn, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule & Section 280A Town Law for permission to divide lot with insufficient width, and for approval of acce2s. Location of property: R.O.W. N-S Manhanset Avenue, Greenport, New York, bounded on the north by Regens International Corporation; east by Gull Pond; south by H.~ Raynor; west by W. Pell III. Any person desiring to be heard; on the above appeals should' appear at the time and place' above specified. Dated: February 13, 1~75 BY ORDER OF THE BOARD OF APPEALS 1TF20 3aUNTY OF SUFFOLK, { {TATE OF N'EW YORK. ~ ss: J ..... ~./:u~a~./:. ~.. ~W~5 . ·... ~ing duly Sworn, ~s that .... he is Printer and Publisher of ~e SUFFOLK VEEKLY TIMES, a news~per pub~sh~ ~ Gr~n~rt, in s~d ~ounty; and ~ut the noti~, of which ~e ~e~d is a print~ opy, ~s ~en published in the ~d Suf~lk W~k~ Times rice in each w~k, for .... 0~. ~L) ..... w~ks uc~ssively ~mmencing on ~e ..... ~p~ ......... ~ of . ,Fernery '- 75 r~" ~ .... ~ .. ,v .... ~ t~f~e me this . · .... ( ............... NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the pro- visions of the Amended Build- lng Zone Ordinance of the Town of Southold, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New York on Feb- ruary 27, 1975 on the following appeals: --. ~ 7:30 P.M. (EST) Rehearing for reconsiderS(on of previous grant of variance to Harvey Bagshaw, Deep Hole Drive, Matt(tuck, New York on ap- pBcant's requeft for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 (B) if) for permission to construct Body Shop within 300 feet of a residential zone. Location of property: N/S Main Road, Laurel (Dist. 11), New York, bounded on the north by J. O'Connell; east by A. Good- ale; south by Main Road; west by J. O'Connell. ~mmmmmmm 7:45 P.M. (EST) upon appli- cation of Theodore Stepnowsky, Bay Avenue, Cutchogue, New York for a variance in accord- wace with the Zoning Ordi- nance, Article III, Section 100- 32 for permission to construct antenna tower in excess of per- mitted height. Location of property: Bay Avenue, Cut- chogue, New York, bounded on the north by B. Kujawski; east by Bay Avenue (Skunk Lane); south by W. Billard; west by A. Macom. 8:00 P.M. (.EST) upon appli- cation of Claude Carlson, Glen- wood Roa~l, Cutchogue, New York for a variance in accord- ance with the Zoning Ordi- nance, Article III, Section 100- 30 and Bulk Schedule, and Section 280A Town Law, for permission to divide lot with insufficient area and width, and for approval of a'ccess to rear lot. Location of property: N/S North Bayview Road, Southold, bounded on the north by Hart; east by Auletto, Lot- terhof, Inchanpan & Others; south by North Bayview Road, west by Graseck & Zmmphiroff. 9:15 p.M. (EST) upon appli- cation of Barbara A. Philipp, Pautipaug Lane, North Frank- lin, Connecticut for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide lot with insufficient area. Location of property: E/S Reservoir Road, Fishers Island, New York, bounded on the north by W. May and Reservoir Road; east by W. May and Wilmerding; south by K. Pet~rson; west by Reservoir Road. 8:30 P.M. (EST) upon appli- cation of Emmanuel Tsontos. 26 I. V. Willets Road, West North Hills (Roslyn P.O.) New York for a special cxcepti~n in accordance with the Zoning Ordinance, Article V, Section 100-50, Subsection B ¢3) for permission to use land zoned "C" for multiple dwellings. Lo- cation of property: S/S Sonnd Avenue, Matt(tuck, New York, bounded on the north by Dem- chuk, ti. Davis, Sound Avenue, L. Yarrusso, Worthington ,~ Others; ca'st by J. Berdit~ka. 5 Sinko, L. Gloeckler, F. Zan- eski, W. Jackowski & Others. and Factory Avenue; south by Long Island Railroad: west by Walgo & Demchuk. 8:45 P.M. (EST) upon appli- cation ~ickham & Lark a~c Iola Ada,,s, Middle Road, Cut- chogue, New York or a vari- ance in accordar~ce with the Zoning Ordinance, Article III, Section 100-30 and Bulk Sched- ule for permission to divide lot with insufficient width and area. Location of property: N/S Middle Road (CR 27), Cut- chogue, New York, bounded on the north by Tuthill; east by Bates; south by Middle Road (CR 27); west by Schneider. 9:00 P.M. (EST) upon appli- cation of John $. Martocei, 718 Island View Lane, Greenport. New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to con- struet accessory ' building in front yard area. Location of property: E/S Bay Shore Road Extension, Greenport, New York, bounded on the north by Lutkowitz & Reibling; east by Peconic Bay; south by L. Mail- let, Jr.; west b.y R.O.W. (Horn Est.) 9:15 P.M. (EST) upon appli- cation of Ruth & Guy Sobering, Sound Avenue, Matt(tuck, New York for a variance in accord- a'nce with the Zoning Ordi- nance, Article III, Section 100- 30 and Bulk Schedule for per- mission to use existing founda- tion for new construction with insufficient setback. Location of property: N/S Sound Avenue, Mattituck, New York, bounded on the north by Thornton Smith east by Thornton Smith; south by Sound Avenue; west by Thornton Smith. 9:30 P.M. (EST) upon appli- cation of Harry W. Armstrong, 71 Dawn Drive, Greenport, New York for a valance in accord- a~lce with Article III, Section 100-32 for permission to locate accessory building in side yard area. Location of property: Dawn Drive, Greenport, New York, Map of Cleaves Point, Block 3, Lot No. 71. 9:45 P.M. (EST) Rehearing, amended application of Reg- inald Hudson a/c Claire Brody & Others, 136 Front Street, Greenport, New York for a var- lance in accordance with the Zoning Ordinance, Article III, Section 100-30 B-9 and Bulk Schedule for permission to use lot for mooring dock and stor- age build~ng with insufficient width and area.: Location proper}y: E/S Gull Pond Lane, Greenport, New York (south- erly lot), bounded North: N 66° 01' 20" E 165' ~ East: 135' ± on W/S Canal: South: along northerly line of Lot 12, Fordham Acres S 60° 54' 30" W 188' ±: West: along E/S Gull Pond Lane N 68° 19' OOW 88.9' & N 43~ 00' W 51.51'. 9:55 P.M. (EST) upon appli- cation of Reginald Hudson aic Claire Brody & Others, 136 Front Street, Green~Srt, New York for a variance in accord- ance with the Zoning Ordinance Article III; Section 100-30 B-9 and Bulk Schedule for per- mission to use lot for mooring dock and storage building with insufficient width and area. Lo- cation of property: E/S Gull Pond Lane, Greenport, New York (south center lot); bound- ed North: N 66° 01' 20" E 170' ±; East 140' ± west side Canal; South: S 65° 01' 20" W 165' ±: West: N 68° 19' 00" W 140' ± along E/S Gull Pond Lane. 10:05 P.M. (EST) upon appli- cation of Regin Hudson a/c Claire Brody % Others, 136 Front Street, Greenport, New York for a variance in accord- ance with the Zoning Ocdi- nance, Article III, Section 100- 30 B-9 and Bulk Schedule for permission to use lot for moor- Lng dock and storage building witb insufficient width and area. Location of property: E/S Gull Pond Lane, Greenport, New York, (north center lot), bounded on the North: N 66° 01' 20" E 170' ±; East 140' along W/S Canal; South S. 66° 01' 20" W 170' ±; West N 63~ 19' 00" W 91.24' and N 61~ 29' 10W 48.76' along E/S Gull Pond Lane. 10:15 P.M. (EST) upon appli- cation of Reginald Hudson a/c Claire Brody & Others, 136 Front Street, Greenport, New York for a variance in accord- ance with the Zoning Ordi- nance, Article III, Section 100- 30 B-9 and Bulk Schedule for permission to use lot for meet- ing dock and storage building with insufficient width and area. Location of property: E/S Gull Pond Lane, Greenport, New York (northerly lot), bounded North: Lot 11, M~o of Fordham Acres N. 66° 01' 20" E 165' ±; East 140' ± on W/S Canal; South: 66° 01' 20" W. 170' ±; West: N 61° 29' 10" W 140' ± on East side Gull Pond Lane. 10:25 P.M. (EST) upon appli- cation of Wickham ~ Lark a/c George Burrell, 1323 Ditmas Avenue, Brooklyn, New York for a variance in a~cordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule & Section 280A Town Law for permission to divide lot with insufficient width, and for approval of ac- cess. Location of property: R.O.W. N/S Manhanset Ave- nue, Greenport, New York, bounded on the north by Re- gens International Corpora'tion; east by Gull Pond; south by H. Raynor; west by W. Pell III. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: February 13, 1975 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1T--2-20 that she is an ~ MATTITUCK t at Southold, of which the dished in said ......... day of 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, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New York, on January 9, 1975, on the following appeals: 7:45 P.M. (E.S.T.) upon application of Harvey Bagshaw, Deep Hole, Drive, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 (B) (f) I for permission to construct Body Shop on property which may not be 300 feet from a residential zone on the Bray Avenue side of the street. Location of property: N/S Main Road, Laurel (DiSt. 11), New York, bounded on the north' by J. O'Connell; east by A. Goodale; south by Main Road; west by J. O'Connell. 8:15 P.M. (E.S.T.) upon application of Angelo Petrucci, Bay Avenue iSkunk Lane), Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 (C) and 100-32 for permission to construct private garage in the front yard area of the lot. Location of property: S/S of Bay Avenue (Skunk Lane), bounded on the north by Bay Avenue (Skunk Lane); esst by other land of applicant; south by Broadwater Cove/Graham; west by other land of applicant. 8:30 P.M. (E.S.T.) upon application of Valentine Ruch IV, 'R~ch Lane, Southold, New York for a variance in accordance with the zoning Ordinance, Article III, Section 100-30 and Bulk ~chedule, and Section for permission to construct drain ~p which will reduce width of Lots 2 and 3. Location of property: 2 and Shorecrest, south side CR 27, Southold, New 3, Map of 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 cordance with the Zoning Or- dinance, Article III, Section 10~- 30 (C) and 100-32 (A) for per- mission to construct antenna mast of excessive height. Location of property: Lot 16, Fairway Farms, Fairway Drive, Cutchogue, New York. 9:30 P.M. (E.S.T.) upon ap- plication of Andrew Gulgano and Others, 162 Park Avenue, Beth- page, New York for a variance in accordance w;'~ the Zoning Ordinance, Ar IH~ Section 100-30 and Scct~on 280A Town Law, for permission to divide lot and for approval of access becauze of lack of approved accel. Locatio~ of property: R.O.W. off n~ mst side of Westphalia R~..., Mattituck, New York, bounded on the north by Howard Creek; east by now or Southold, Suffolk County, New formerly Gimbemat; south by ~Penny & ,~hutt; west by Schutt York, pubhc hearings will bo held ~d ~.i by the ~onin~ ~oard of Appeals of theTownofsouthotd, attheTown '9;45 L~M. (E.S.T.) upon ap- Office, Main Road Southuld ~:d~George Stankevich, NewYork, un Janunry g, 1975, an ~ii~',a'c Edna Doll, Brown's ?'~5 PM CES.:r.) ul~n ap- ! for~arianceinanceraancewith plination of Harvey B~gsha~, ]~~_ce;_A~i_'_eleIIl, York for a: ~'~ in .ae~:. ] ~Ov.~ divide lot with cordance with'~ ~Zoniag Or"~ ~ ~ii~withinsuffieient dinance, Artiel~-VlI ~ 100-~' ~ ~.'.~J~' ~rea.~ Location of whieh may I~ot I~ ~ f~t f~n ~ 1 ~ Island Soand; residenti~ ~e on the 'lhmy ~~; south by Avenue side of the Street~ ~~e IPvt. Hd.); I~aUon of ProperV~,: N-S Uain :. ~~. - ~Bead, La~l (Dist. nL NeW ! ~Ll~_~.S.?.l upon a~- ~?,ck, boanded on the north b~ ~. ~ [~a~~, Cron, Esq. a~ JO Ceanell; east by A. C~odule; [c I? .~1~'~ ~.~:H~t, Orchard 0 Coanell. ~ ~lor a ~wion~m aecerdanee wire 8:i5 P.M. (E.s.T.) upon ap- ~l~__.~ce, ArtideIII, vlieatiea of Angelo Petrucci, Bay ~tlea 100-~1 and Bulk Schedule ~venue (Skunk Lane), Cut- ~.~f~. l~=-m~Ssion to al~te.r and ehogue, New York for a variance ~ebuild dwelli.n.g on non- in aeeordance with the Zoning . .~e~o~nin_~ lot wth two existing Ordinanee, Artiule III, SeCtion .d~el~. Location of property: 100-30 iCl and I00-~ for per- O~hard & Third streets, New mission to construct private Suffolk, New York, bounded on garage in the front yard area of ~ thenorthbyOrehardStroet; east the lot. Location of property: S-S ' ~i Third Street; South by Helen of Bey Avanue {Skank Lane), ' K~pp; west by G. Lombardi. boonded on the north by Bay 10:15 P.M. iE.S.T.) upon ap- Avenue (Sk~mk Lane); east by plieation of William J. Clark, other land of applicant; south by Broadwater Cove-Graham; west by other land of applicant. ~:30 P.M. (E.S.T.) upon ap- plication of Valentine l~h IV, Ruch Lane, Southold, blew York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule, and Section 100-12, for permission to construct drain sump which will reduce width of Lots 2 and 3. Location of property: Lots 2 and 3, Map of Shoreerest, south side CR/7, Southold, New York. 8:45 P.M. ~(E.S.T.) upon ap. plication of Beryl Steadman, Sound Avenue, Mattituck, New York for a variance in ac- cordance with the Zoning 0r- dinance, Article III, Section 100- 35, for permission to construct front yard fence over four feet. Lorati6n of property: N-S Sound Avenue, Mattituck, bounded on the north by E. Gilles; east by H. Gilbourne; south by Sound Avenue; west by Long Island Lighting Company. 9:00 P.M. (E.S.T.) upon ap- plication of LeRoy and Mariha Paul, 240 Billard Road, Cut- chogue, New York for a variance in. accordance with the Zoning Ordinance, Artigle III, Section 100-30 (C) (5) for permission to construct accessory building (stable) on existing foundation which is not in required rear yard area. Location of property: E-S Billard Road, Cutchogue, New York, bounded on the north by Stoutenberg; east by HeRman; south by Heitman; west by Billard Road. 9:15 P.M. (E.S.T.) upon ap- plication of Cath_erine W. Drake, 3050 Fairway Drive, Cutchogue, New York for a variance in ac- Esq. a-c Wilfred & Anna Corwin, Factory Avenue, Mattituck, New York for a variance in ac- cordance with the Zoning Or- dinance, Article IH, Section 100- 30 and Bulk Schedule for per- mission to divide odd shaped lot resulting in a reduction of public road frontage and area of remaining lot. Location of property: Factory Avenue, Walnut Place, Sound Avenue, Mattituck, New York, bounded on the north by Yarrusso; east by Walnut Place, south by Corwin; west by Factory Avenue. 10:30 P.M~ IE.S.T.) ~pon ap- plicatton of Rudolph Bruer, Esq. a-c Anne C. Lemley, Bay Avenue, East Marion, New York for a variance in accordance with the Zoning Ordinance, Article III, Sectino 100-30 and Bulk Schedule for permission to divide lot wi~ existing buildings with in- sufficient width and area. Location of property: South side Bay Avenue, East Marion, New York, bounded on the north by J. Fasin; east by Private R.O.W.; south by Lebrowski and Heroy; west by Bay Avenue. Any person desiring to be heard on the above appeals should appear at the time and place above specified. DATED: December 26, 1974 BY ORDER Ol~ THE SOUTHOLD TOW~ BOARD OF APPEAI~ COUNTY OF SUFFOLK, ? ss: STA-t-~ OF NEW YORK, j .......... .S?.u..a.~.~..C.:..,~.v..m~..r}. ........ being duly Sworn, scrys that ...h..e.. is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published ~xt Greenport, in said county; and that the notice, of which the annexed is u printed copy, h~s been published in the said Suffolk Weekly Times once in eoch week, for ..... o..rl.e...(.]..). ............. weeks succossiv~;ly commencing on the .... S.e..c.o. ri..d ............... d-- -, January ,~ 75 ...... /.. ~.-..~..~.~ ............................. Swam l~ before me this ...¥:... doy '.., ~ / /~ NOn/A~:y ?,]5~S OF NEW, YO~K LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordi- nance of the Town of Southoid, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold; at the Tbwn Office, Main Road, Southold, New York, on January 9, 1975, on the following appeals: ~ 7:45 P.M. (E.S.T.) upon ap- plication of Harvey Bagshaw, Deep Hole Drive, Mattituck, New York for a x;ariance in accordance with the Zoning Ordinance, Article VII, Section.100-70 (B) (fl for permission to construct Body Shop on property which may not be 300 feet from a residential zone on the Bray Avenue side of the street. Location of property: N/S Main Road, Laurel (Dist. 11), New York, bounded on the north by J. O'Connell; east by A.~ Goodale; south by Main Road west bY J- O'Connell. ~ 8:15 P.M. (E.S.T.) upon ap: pli~ation of Angelo Petrucci, Bay Avenue (Skunk Lane), Cutch- ague, New York for a variance in accordance with the Zoning Or- existing building with insufficient width and area. trion of pro- petty: North side .-rivate Road- North Drive, bounded on the ~UNTY OF SUFFOLK [ as: north by Long Island Sound; east by W. Johnson; south by North ATE OF NEW YORK { View Drive (Pvt. Rd.); west by Helen Hass. 10:00 P.M. (E.S.T.) upon ap- plication of Richard Cron, Esq. Sherley Katz. being duly sworn, says that she is an a/c Ivan T. Honnett, Orchard ]treet, New Suffolk, New York for itor, of THE LONG ISLAND TRAVELER - MA'I-I'ITUCK variance in accordance with the ATCHMAN, a public newspaper printed at Southold, oning Ordinance, Article 111, ection 100-31 and Bulk Schedule )r permission to alter and rebuild welling on non-conforming lot 'ith two existing dwellings. Loca- on of property: Orchard & Third treets, New Suffolk, New York, ounded on the north by Orchard freer; east by Third Street; south Helen Kapp; west by G. ~ombardi. 10:IS P.M. (E.S.T.) upon ap- plication of William J. Clark, esq. t/c Wilfred & Anna Corwin, ,Factory Avenue, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article llI, Section 100-30 and Bulk Schedule for permission to divide odd shaped lot resulting in a reduction of public road front- Suffolk County; and that the notice of which the mexed is a printed copy, has been published in said mg Island Zraveler-Mattituck Watchman once each ~,ek for ccessiveJy, commencing on the ................ :...,.. .................. Sworn to before me this ........... ............. day of ........... :.....~.x...(..?. ....... 19.::.:..L dinance, Article III, Section 100-30 (C) and 100-32 for per- mission to construct private garage in the front yard area of the lot. Location of property: S/S of Bay Avenue (Skunk Lane), bounded on the north by Bay Avenue (Skunk Lane); east by other land of applicant; south by Broadwater Cove/Graham; west by other land of applicant. 8:30 P.M. (E.S.T.) upon ap- plication of Valentine Ruch IV, Rueh Lane, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section":{00-30 and Bulk Sched- ule, and Section 100-12, for per- mission to construct drain sump which will reduce width of Lots 2 and 3. Location of property: Lots 2 and 3, Map of Shorecrest, south age and area of remaining lot. Location of property: Factory Avenue, Walnut Place, Sound Avenue, Mattituck, New York, bounded on the north by Yar- .russo; east by Walnut Place; south by Corwin; west by Factory Avenue. 10:30 P.M. (E.S.T.) upon ap- plication of Rudolph Bruer, Esq., a/c Anne C. Lemley, Bay Ave- nue, East Marion, New York for a variance in accordance with the Zoning Ordinance, Article 111, Section 100-30 and Bulk Schedule for permission to divide lot with existing buildings with insuffici- ent width and area. Location of property: South side Bay Avenue, East Marion, New York, bounded on the north by J. Fazio; east by Private R.O.W.; south by Lc- side CR 27, Southold, New York. browski and Heroy; west by Bay Avenue. 8:45 P.M. (E.S.T.) upon ap- plication of Beryl Steadman, Any person desiring to be Sound Avenue, Mattituck, New heard on the above appeals York for a variance in accordance should appear at the time and with the Zoning Ordinance, place above specified. Article III, Section 100-35, for Dated December 26, 1974 .... BY ORDER OF THE SOUTHOLD permission to construc! xront yam - TOWN BOARD OF APPEALS fence over four feet. Location of 1T-I/2 property: N/S Sound Avenue, Mattituck, bounded on the north by E. Gilles; east by H. Gil- bourne; south by Sound Avenue; '~/ west by Long Island Lighting Company. 9:00 P.M. (E.S.T.) upon ap- plication of LeRoy and Martha Paul, 240 Billard Road, Cutch- ogue, New York for a variance in accordance with the Zoning Ordi- nance, Article 111, Section 100-30 (C) (5) for pernfission to construct accessory building (stable) on existing foundation which is not in required rear yard area. Loca- tion of property: E/S Billard Road, Cutchogue, New York, bounded on the north by Stouten- berg; east by Heitman; south by Heitman; west by Billard Road. 9:15 P.M. (E.S.T.) upon ap- plication of Catherine W. Drake, 3050 Fairway Drive, Cutchogue, New York for a variance in ac- cordance with the Zoning Ordi- nance, Article Ill, Section 100-30 (C) and 100-32 (A) for permission to construct antenna mast of ex- cessive height. Location of pro- perty: Lot 16, Fairway Farms; Fairway Drive, Cutchogue, New York. 9:30 P.M. (E.S.T.) upon ap- plication of Andrew Galgan0 and Others, 162 Park Avenue, Beth- page, New York f~ a vari~t~C¢ [? accordance Wiili th~ Zoning Ordi- nance, Article III, Section 100-30 and Section 280A Town Law, for permission to divide lot and for approval of access because of lack of approved access. Location of property: .R.O.W. off northeast side of Westphalia Road, Matti- tuck, New York, bounded on the north by Howard Creek; east by now or formerly Gimbernat; south by Penny & Schutt; west by Schutt and Others. 9:45 P.M. (E.S.T.) upsn ap- plication of George Stankevich, Esq., a/c Edna Doll, Brown's Hills Estates, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide lot with FOR¢~ NO. 3 TOWN OF SOUTHOLD BUILDING D~EPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................... Date ........................... ~o~ .............. ~.i ........ ~ ........... ~ .......... ~ ,~~ ...... ~=.:~......~.~: ........................... PLEASE TAKE NOTICE that your application dated ....... ~..%~z... ........ .~..f .................... 19.?.....~ For permit to construct .'.~.....~.....~.p .............. at the premises located at ..~..~.:.~.~..~..~.....~..~) ..... .~.. _~.. i.~....~.. ~..~.. ......................................... Street Map .............. .../~... ................ Block ................ ~. ....................... Lot .......... ~ ................................. is t~,,,,c,~ ncrcwk,, and disapproved on the following grounds .... /'~I ....................... ')' "~'"" ]../f¢~.~....~..~.~.~.~..~.....~....~..~.~ ........ ~'......¥:~...¥ .......... .............. ~.~......~.~,~.c.o.,.~..~.z~..(f.) ..................................................................... Building Inspector TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION .OF .BUILDING INSPECTOR TO THE ZONING'BOARD OPAPPEALS,, TOWI~"C F SOUTHOLD, N; Y. 1,:~;~ Harvey Bagshaw of:' Deep Hole Drive Name o~ Appellant Street and i~lumber ................. ~..a..~...~.~.~...~.~, ........................................... i .......... .~...¢..~..'.~.°...~.~.......;.HEP~EBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON ..................................... ....... WHEREBY THE BUILDING INSPECTOR DENIED TO 0 ) (J) Name of Applicant for permit of .... ............ ............ .?.%?..r.k. ..................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ]. LOCATION OF THE PROPERTY .]N/.2...~,i.n....R..o..~.¢, ~.~L..a...u..r~..e~...~.S~.c~9..~`"~.~."D~i.s..t~r..i..c.~...~.~..~.~l~ Matti%uck Post Office~ boundecSt~th and We~e District ;on Zoning Mop by James O'Conn.ell, East by Goodale~ South by Main Road. Zoned .~ .-... ~e~..e~ a,t.--.Bu~.i~es.s ...D i.s %..~ i ..~ ~.-~-...B--t. Map 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.) 100-70 (B) (f)~ ;~. TYPE OF APPEAL Appeal is made herewith for (!x) A VARIANCE to the Zoning Ordin.ance or Zoning Map (~ ) A VARIANCE due to lack of access (State of New York Town Law Chap, 62 Cons. Laws Art. 16 Sec. 280A Subsection 3, 4. PREVIOUS APPEAL A previous appeal (has) (b,a~l~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 1933 August 1, 1974 ~nd was made in Appeal No ..... ;I,~..6t .................. Dated ....O.~q.b..~r,...~..4..,...~.?,?..~. ........................... ) x) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ,s requested forthe reasonthat by its de6ision (appela #1933)~ dated August 1, 1974~ the Zoning Boad of Appeals granted petitioner's application for a special exception and gave permission to build and operate an auto- ~obile body repair shop. P~titioner was subsequently advised that hile the special exception had been granted~ i~ would still be neces- sary to apply for a variance from the 300 foot limitation se~ forth in Section 100-70(B)(f) of the Ordinance and paragraph 6 of the deci- ~orn%ZBl (Continu~ooo~e[side)__ sion of the Board of Appea±s, ma~ed Augus= 1~ 1974, There are several residential parcels located within 300 feet of petitioner's premises. REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- san HARDSHIPbecaus'e petitioner's parcel is a relatively small lot, ap- Proximately 100' by 186'. surrounded by cth~er properties zoned both in~ dustrial and business~ and there is a gas station across the street~ The Board of Appeals has already determined that "this is a favorable location for this type of operation'S andy in fact. it is unsuitable for many uses. It is definitely an undersized lot for B-1 classification~ but was pre-existing prior tc zoning and many of the properties in Southold Town which are zoned B-1 are within 300 feet of a residential area. 2. The hardshipcreatedis UNIQUEandisnotshared by all prope~ies alike in the immediate vicinity ofthis prope~y and in this use district becau~ petitioner's parcel is a relatively small lot, approximately 100' by 186', surrounded by other properties zoned both industrial and business~ and there is a gas station across the street. The Board of Appeals has ai~ ready determined that "this is a favorable iocation for this type of operation" and~ in fact~ i~ is unsuitable for many uses. I% is definitely an undersized lot for B-1 classification~ but was pre-existing prior to zoning and many of the properties in South- old Town which are zoned B--1 are within 300 feet of a residential area. 3. The Variance would observe the spirit ofthe Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because applicant's property is surrounded by industrial property and has a gas station across the street~ The industrial property surrounds applicant's property on the North and on the West and there is business property %o the East. Ap~ plicant is sincerely interested in the esthetic appearance of the district and is prepared to erect a mos~ attractive building that bears no resemblance whatever to the stereotyped "body shop". COUNTY OF SUFPOLK ) ~ HARVET BAGSHAW ////C d~ of i December ........................... 1974 Sworn to this .......................... ~; .................. y ....................... Notary Public OW ~3e F- 0 PHILIP J. OFRIAS, JR. December 11, 1974 Southold Town Zoning Board of Appeals Southokd, New York 11971 RE: Harvey Bagshaw Application File No. X-4166 Gentlemen: Enclosed herewith please find Appeal from Decision of Building InspectOr, relative to the above matter~ together with a check in the sum of $15.00 to cover the filing fee for same. Thank you very much. Sincerely, Philip J. Jr. PJO:jg Enclosures ,,Tanulry % 197~ To: Southold Tow~ B'*~rd off Zoning I, Evely~ Olsem~ owner and resident om Bray Avenue, Laurel and engaged in Real Estate sales im an offlee om property owned by me on the south side of Maim ~oaA, immediately West of Bray Avenue do hereby register my obJecttom to the appllcatiom for am auto body shop to be located om the mo~th side of Maim Roa~, Laurel, Mattituok Post Office, New York. 425 MAIN ST. GREENpirIRT, L. I., N.Y. '11944 TELEPHC~E January 22, 1975 Mr. Robert W. Gillispie, Jr. Main Road Orient, New York 11957 Re: Harvey Bagshaw Variance Dear Bob: In furtherance of our telephone conversation this morning concerning the variance granted by the Board of Appeals to Bagshaw at the last Board of Appeals meeting, it is my understanding that the Board voted to grant the variance of the 300 foot distance requirement although the decision has not been prepared nor filed. _ In reviewing this matter again with Mr. Yakaboski who is handling the present proceeding against the Board of Appeals brought by Mr. Goodale, both Mr. Yakaboski and I are of the opinion that based upon recent court decisions, the Board of Appeals has no authority to vary the conditions set forth in the ordinance upon the approval of a special exception. In view of the foregoing, I believe that the appropriate procedure for the Board to follow is for the Board to adopt a resolution at it's next meeting providing for a rehearing for a reconsideration of the previous grant of the variance. Subdivision 6 of Section 267 of the Town Law provides that "upon motion initiated by any member and adopted by the unanimous vote of the members present, but not less than a majority of all of the members, the Board of Appeals shall review at a rehearing held upon notice given as upon an original hearing, any order, decision or determination of the Board not previously reviewed." This section further provides that upon such rehearing, the Board may~ upon the concurring vote of alt of the members then present, reverse, modify or annul it's original order, decision or determination. Robert W. Gillispie,O. -2- OJanuary 22, 1975 For your information I am enclosing herewith copies of the current decisions upon which I have concluded that the Board has no authority to grant a variance to any of the conditions set forth in the ordinance under a special exception case. If you wish further information on this question, I will be happy to sit down and discuss this with you. Yours very truly, ROBERT W. TASKER RWT:kc Enclosures January 31, 1975 Philip J. Ofrias, Jr., Esq. 737 Roanoke Avenue P. O. Box 462 Riverhead, N. Y. 11901 Dear Mr. Ofrias= Enclosed please find copy of Action of the Board of Appeals on Appeal No. 1988, Harvey Baqshaw, dated January 9, 1975. The Board has asked me to inform you that upon ~advice of Counsel, Appeal No. 1988 shall have a rehearing on February 27, 1975 at 7~30 P.M. for re- consideration of the variance which was granted on January 9th. Yours truly, MarJorie McDermott, Secretary .I / ~ COUNTY OF SUFFOLK '~'~ Rea~ Property Tax Service Agency