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HomeMy WebLinkAbout2060 TOWN OF SOUTHOLD, NEW YOI~K ACTION OF THE ~.ON~qG BOAI~D OF APPEALS Appeal No. 2060 Dated June 18, 1975 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Clam Bar Restaurant 104 Third Street Greenport, N. Y. 11944 DATE ....~kl~...3, 1975 Appellant at a meeting of the Zoning Board of Appeals on July 3, was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property (X) Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance ( ) 1975 the appeal 1. SPECIAL EXCEPTION. By res~ion of the Bo~d it was determined that a special exception ( ) be gra~ed ( ) be de~ed p~sua~ to Artkle .................... ~ct~n .................... Subsect~n .................... paragra~ .................... of the Zoning ~dlnance and the decision of the Building Iuspector ( ) be reversed ( ) be co~med because 9:25 P.M. (E.D.S.T.) upon application of Clam Bar Restaurant, 104 Third Street, Greenport, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 C (6) (f) for permission to erect off-premises directional sign. Location of property: Property of Nicholas Aliano, Greenport, N. Y. bounded on the north by Main Road (Route 25); east by Driftwood Cove (Damianos); south by L.I.R.R.; west by Fleet Lumber Co. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because SEE REVERSE practical difficulties (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 SEE REVERSE (would not) and therefore, it was fur~er determined that the requested variance ( ) be granted ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. After investigation and inspection the Board finds that applicant requests permission to erect off-premises directional sign on property of Nicholas Aliano, Greenport, New York. The findings of the Board are that the Clam Bar Restaurant is on a dead-end street which is not heavily traveled. The Board agrees with the reasoning of the applicant. This is a directional sign for services which are rendered to the traveling public. The Board finds that the public convenience and welfare and just will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. THEREFORE IT WAS RESOLVED, Clam Bar Restaurant, 104 Third Street, Greenport, New York be GRANTED permission to erect off- p~emises directional sign on property of Nicholas Aliano, Greenport, New York, as applied for, subject to the following conditions: 1. That the sign shall be "directional" only. 2. That this directional sign shall be no larger than 4' x 6'. 3. That this sign shall be no closer than 10 feet to any property line. That this approval shall be subject to all the rules and regulations governing signs in the Town of Southold. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse. LEGAL NOTICE Notice of Hearing~ Pursuant to Section 267 of the Town Law and.the provisions of the B~ended Building Zone Ordinance of the Town of Southold, 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 July 3, 1975, on the following appeals: 8:00 PoM. (E.DoSoT.) upon application of Philip J. 0frias, Jr Esq. a/c Harvey Bagshaw, Deephole Drive, Mattituck, New York for a special exception in accordance with the Zoning Ordinance, Article VII, Section !00-70 B (4) for permission to build and operate automobile repair (Body) shop. Location of property: N/S Main Road, Laurel Dist. ~ll, Mattituck Post Office, New York, bounded on the north by J. O'Connell; east by A. Goodale; south by Main Road; west by J. O'Connell. 8:20 P.M. (E.D.S.T.) upon application of Saint Peter's Lutheran Church, Main Road, Greenport, New.York for a special exception in accordance with the Zoning Ordinance, Article VII, Section 100-70 B (2) for permission to hold German Festival. Location of property: Town Park between Route 25 and Old Main Road, Greenport, bounded on the north by other property of applicant; east by Village of Greenport & Old Main Road; south by Main Road (Route 25); west by now or formerly William Price. 8:30 P.M. (E.D.S.T.) upon application of Chester Ortowski a/c Eleanor Kirkup, Hatlock Lane, Mattituck, N. Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to locate garage in front yard area.Location of property: Hallock Lane, Mattituck, bounded on the north by Long Island Sound~ east by Mary Jonathan; South by R.O.W. (Reeve & Dickerson); west by Reeve Estate. Legal N~tice - Pg. 2 - Southold T6~fn Board of Appeals 8:40 P. M. (E.D.S.T.) upon application of Jo Randolph Ryan, South College, Wesleyan University, Middletown, Connecticut for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 & Bulk Schedule and !00-32 for permission to rebuild garage with alterations. Hedge Street, Fishers Island, N. east by West Harbor; south-Ly T. Location of property: east side Wod Y., bounded on ~he north by Russell; west by Hedge Street. 8:50 P.M. (E.D.S.T.) upon application of Lefferts Po Edson, Esq. a/c Robert & Virginia Kroepel~ Oak!awn Avenue, Southold, New York for a variance in accordance with the Zoninc Ordinance, Article III, Section 100-30 for permission to divide lots with insufficient area. Location of property: Oaklawn Avenue - Jockey Creek Dr!ye, Sou~hold, bounded on the north by L. Baker; east by Oaklawn Avenue - Graves; west by H. S. Arm. 9:00 P.M. (E.DoS.T.) south by Jockey Creek Drive - Graves; upon application of Pond Enterprises, Inc. d/b/a Beachcomber Motel, Depot Lane, Cutchogue~ N. Y. for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 C (6) (f) for permission to erect off-premises directional s!gn. Location of proper%y: Property of Nicholas Aii~ Greenport, New York, bounded on the north by Main Road (Rte 25); east by Driftwood Cove (Damianos); south by L.I.R.R.; west by Fleet Lumber Co. 9:15 P.M. (E.D.SoT.) upon application of Claire Bouffard d/b/~ Briden Machine Corp. 645 Westphalia Road, Ma%tituck, New York for a varzance in accordance wihh the Zoning Ordinance, Article VII, Sec%ion 100-70 & Bulk Schedule for permission to construct addition with insufficient rear and side yards. Location of property: W/S Westphalia Road, Mattituck, bounded on the north by Wickham Avenue; east by F. Sineberg (North Fork oil Heating Co.); south by G. L. Penney III; west by H. Charkow. Legal No%ice - Pg. 3 Southold Town Board of Appeals 9:25 P.M. (E.D.S.T.) upon application of Clam Bar Restaurant, 104 Third Street, Greenpor%, New York for a special exception in accordance with the Zoning Ordinance~ 'Article III, Section 100r30 C (6) (f) for permission to erect off-premises directional sign. Greenport, No Yo~ Location of property: Property of Nicholas Alianom/bounded on the north by Main Road (Route 25); east by Driftwood Cove (Damlano south by L.I.R~R~; west by Fleet Luncher Co. with the Z6ning Ordinance, A.r ti.cie 111, Section 100-30 for perm~sston to divide Ic~s with in sufficient area. Location )of property: Oaklawn Avenue-3ockey :~ Creek Drive, Southold ~o'und~efl on the north by L. Baker; eafgbY Qaklawn Avenue- Graves; son~ l~y Jockey Creek Drive- Gra'~eg; w~est by H.S. Arm. 9:00 P.M. [E.D.S.T.) upon ap- plication of P~nd,Enterprises, Inc. d/b/a Beach~o~nber Motel, Depot Lane, Cutch~gue,. N.Y. for a special exception in accordance w th the Zoning'lOrdinance' A, rtlcle 111. Section 1~)-30 C (6) (O for permission to'~erect off-pren~se~4 directional sig~. Location of~rp~ perry: propergr°f Nicholas Aliano) Greenport. NeX~,~ork, bt~unde~d oi~ the north by,I~in;Road (Rte~S): east by Dri~ c~ve (Damia~ o,~: ~o~t~ ~y ~'; w~t ?. Fleet Lumber C~ 9 IS p.M. (E D~Sff.) upon plication of Claire ~d~ffdrfl Briden Machine ~¢ 6~ Wes~ phalia Road, MattR~, New Yo~ for a variance in a~a~ce wi}N the Zoning Ordina~e~ *A~cie VII, Sect on 100-70& permission to const~ddifior, with insufficient yards. Location of pro~yv Westnhalia Road ~i~. boun;ed on the north Avenue~ east by (North Fork Oil He~!~ south by G.L. Penney H. Charkow. ~:2S P.M. (E.D.S.T.)'up~n plication of Clam Bar 104 Third Street. York for a special exc6pf~n'in] accordance with the Zoning Ordi- nance, Article Ill.'Section 1~-~0 C (6) (f) for permission ,to erect off-premises sign. Location Qf property: Property of Nicholas Aliano, GreenporL N.Y., bounded on the north by Main Road {Route 2S): east by Driftwood Cove (Dami- anos); south by L.I.R;R.; west by Fleet Lumber Co. Any person desiring to.heard on the above appeals should appear at the time and place above specified. DATED: June 19, 197S BYORDEROF SOUTHOLDTOWN BOARD OFAPPEALS IT-6/26 Southold, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Hoad, Southold, New York, on July 3, 1975, on the following appeals: 8:00 P.M. (E.D.S.T.) upon application of Philip J. Ofrias. Jr., Esq. a-c Harvey Ba_gshaw~ Deephole Drive, Mattitank, New York for a special exception in accordance with the Zoning Ordinance, Article VII, Section 100-70 B (4) for permisaion to build and operate automobile repair (Body) shop. Location of property: N-S Main Road, Laurel Dist. No. 11, Mattituck Pest Office, New York, bmmded on the north by J. O'Coanell; east by A. Goodale; south by Main Road; west by J. O'Connell. 8:20 P.M. (E.D.S.T.) upon application of Saint Peter's Lutheran C~urch, Main Hoad, Greenport, New York for a spociai exception in accordance with the Zoning Ordinance, Article VII, Section 100-70 B (2) for permi~stan to hold German Festival. Location of property: Town Park between Route 25 and Old Main Road, Gceenport, beanded on the north by other property of applicant; east by Village of Greenport & Old Main Road; south by Main Road (Route 25); west by now or formerly William Price. 8:80 P.M. (E.D.S.T.) upon application of ~ester Orlowsk/ a-c Eleanor Kirkup, Hallock Lane, Mattituch, N.Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to locate garage in front yard area. Location of property: Hallock Lane, Mattituck, bounded on the north by Long Island Sound; east by Mary Jonathan; South by R.O.W. (Reeve & Dinkerann); west by Reeve Estate. 8:40 P.M. (E.D.S.T.) upon application of J. Rundull~ Ryan, South College, Wesleyan University, Middletown, Con- neeficut for a variance in ac- cerdance with the Zoning Or- dinance, Article IH, Section 100- 30 & Bulk Schedule and 100-32 for permission to rebuild garage with alterations. Location of property: east side Hedge Street, Fishers Island, N.Y., boanded on the north by W.P. Wodell; east by West Harbor; south by T. Russell; v/est by Hedge Street. 8:50 P.M. (E.D.S.T.) upon application of Lefferts P. Edson, Esq. a-c Robert & Virg/nia Kroepel, Oaklawn Avenue, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 for permission to divide lots with insufficient area. Location of property: Oaklawn Avenue-Jockey Creek Drive, Seuthold, bounded on the north by L. Baker; east by Oaklawn Avenue--Graves; south by Jockey Creek Driv~raves; west by H.S. Arm. 9:00 P.M. (E.D.S.T.) upon application of Pond Enterprises, Inc. d-b-a Beachcomber Motel, Depot Lane, Cutchogue, N.Y. for a spec. iai exception in accordance with the Zoning Ordinance, Article III, Section 100-30 C (6) (f) for permission to erect off- premises directional sign. Location of property: Property of Nicholas Aliano, Groanport, New York, beanded on the north by Main Hnad (Rte 25); east by Driftwood Cove (Damiunos); south by L.I.R.R.; west by Fleet Lamber Co. 9:15 P.M. (E.D.S.T.) upon application of Claire Bouffard d-b-a Bridan Machine Corp. 645 ,W. est _p.h a.lia_ Road, _ _Mattituck, westerly line of Tabor Ro,ac- thence along said westerly 1~r' South 8 degrees 0~' 30" East ,~00- feet; thence along land o! Town of Southold,' three core, ion ~ide Westphalia Road, Mattituck, bounded on the north by Wickham Avenue; east by F. Sineberg (North Fork Oil Heating ......... i 0S' Co.); south by G.L. Penney III; EW YOHK, ~ · west by H. Charkow. ~ 9:25 P.M. (E.D.S.T.) application of Clam Bar ........................ being duly Sworn, Restaurant, 104 Third Street, Greenport, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 C (6) (f) for permission to erect off- premises directional sign. Location of property: Property of Nicholas Aliano, Greenport, N.Y., bounded on the north by Main Road (Route 25); east by ... is Printer and Publisher of the SUFFOLK -'-S, o newspaper published ~r[ Greenport, in said ~t the notice, of which the annexed is a printed published in the said Suffolk Weekly Times O~e (-~) ........ eek, for . ; ..... : ....... weeks Driftwood Cove (Damianos)~'~' '~~~'---~_..~' ~,un~e~a-~ 19 75 ' ~h by L.I.R.R.; west by ~ Lm~r ~. ~y ~n des~ng to ~ ....... ~ ................ ~, F. ....... on ~e a~ve apes ~o~d ~ ~' 'e me ihis ............ ap~ at me time ~d place .~ ~1 DASD: J~e 19, 1~5 BOARD OF ~PE~ ~ '~ TOWN OF $OUTHOLD. NEW YORK APPLICATION FOR SI~ECtAL EXCEPTION APPLICATION NO. ~ 0 ~ (O TO THE ZO1NqNG BOARD OF APPEALS, SOUTHOLD, N. Y. ,. ,~,~, ...... ~..~.......~.~.,:......R.~../..~.~.~..~..--~, ..z~.~.....z~/...,.~..,~?. ..................... ' Name Street and Number ................... ,. ........... ~.. .~.~..,..,..-..~ ................................................... ~,.3/,...~., ............................................................ / l~unicipa]ity State hereby apply lo THE ZOBYiNG BOARD OF B3PEAI,S for a SPECIJ_L EXCEPTION in accordance with th~ S~SE~ION THE SPECIAL EXCEPTION IS REQUESTED BECAUSE STATE OF NEW YORK ) COUNTY O ) ~,~_,~to,~ ...z~, ~ ,~ .............. ,~.~ ....... .... .................................... BDNA R. ANGEL~ NOTARy PUBLIC, State of New Suffolk Co~uty C°~xm~issionBxpireslV~a~ch30,19~ Si~uature FORiV~ ZB2 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTNOLD, N. Y. Exomined ......................................... 19 ........ Approved ......................................... 19 ........ Permit No ..................................... Disapproved a/c ............................................................................................ Application No ................................. (Building inspector) APPLICATION FOR BUILDING PERMIT Date ..... ~...X~,. ............. 19.2..~...... INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in triplicate to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets o~ areas, and giving a detailed description of layout ofproperty must be drawn on the diagram which is part of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be ke~)t on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until o Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. ~he applicant agrees to comply with all app cable laws, ordinances, bu Id ng code, housing code, and ragu arians, and to admit authorized inspectors on premises and in buildings for necessary inspections. (Address of appl4'cont) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ....... ......................................... Name of owner of premises ....J~../..~.'/~.. ......... ~../..?.~..~..¢. .................................................................................................. If applican~ is a corporate, signature of duly authorized officer. / ........... ~..~T..L....~.~...~....~Z..: ................ (Name and title of corporate officer) Builder's License No ..................................................... Plumber's License No ................................................. Electrician's License No ............................................. Other ITrade's License No ............................................... Location of land on which proposed work will be done. Map No.: ........................................ lot No ....................... Street and Number ~..~.~.~..~..~...~...¢./....~.6..~..~...~/..~......~.~.~.~.~i..Z-~-,.~...~'./....~..z~...'¢..~C~ ........................... Municipality State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Exisiting use and occupancy ............... ~--..~...(~...~...?...( ..................................................................................... b. I ntended use a nd occupa ncr . .~. ~..~...~.......~.Z-~.... ~.~...?...~.&.d ~ ..~.~.....~./.~...~.... ~ ~ ....'97-.C ./.~..¢.'?...~...¢ ./~...Z~ 3. Nature of work (check which applicable): Ne~ BuiJdir~g'. ................. Addition .............. Alteration ................. Repair .................. Removal .................. Demolitior .................... ~~ -~. ?....~..... ~....~K .~..,~'..~..~'~. ~ ~..'Z. _. :~-i .~...~.. '~- ~(Description) 4. Estimated Cost ............................................................ Fee ................................................................... (to be paid on filing this application) 5. If dwelling, number of dwelling units ............................ Number of dwelling units on each floor ............................ if garage, number of cars ............................................................................................................................................. 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ............................ 7. Dimensions of existing structures, Jf any: Front ............................ Rear ................................ Depth .................... Height ........................ Number of Stories ................................................................................................................. Dimensions of same structure with alterations or additions: Front ....................................Rear ............................ Depth ................................ Height ............................ Number of Stories ................................ 8. Dimensions of entire new construction: Front ................... , ................ Rear ............................ Depth ........................ Height .................... Number of Stories ...................................................................................................................... 9. Size of lot: Front ........................................................ Rear .......................................... Depth ................................ 10. Date of Purchase ........................................................ Name of Former Owner ........................................................ 11. Zone or use district in which premises ore situated ..................................................................................................... 12. Does Dro~osea construction violate any zoning law, ordinance or regulation: .......... ..~...~..~' 13. Will lot be regraded ............................ Will excess fill be removed from premises: ( ) Yes ( ) No 14. Name of Owner of premises ..~..C.~..~'.(......~.~...~..~.R ............ Address .Ce./~.Z~.~?..~ ........... Phone No. Name of Architect .............................................................. Address ................................ Phone No Name of Contractor ............................................................ Address ................................ Phone No ....................... PLOT DIAGRAM Locate clearly and distinctly oil buildings, whether existing or proposed, and indicate all set-back dimensions fi'om property lines. Give street and block number or aescnotion according to deed, and show street names and indicate whether interior or corner STATE~~/xOF bL~V,/Y~OTI<n ~ S S ...... ~-x~F¢O.~......~.........k~.z~ ............................... being duly sworn, deposes and says that he is the applicam (~,6me of individual signing contract) above nam~'d. He is the ._.~ ........................................................................................................................................................ (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to ~erform or have performed the said work and to make and file this application; t~t all statements contained in this application are true to the best of his k~owledge and belief; tha~ the work will be perf~ed in the manner set fo~h in the application filed therewith. Sworn to ~efore m~ this ~ ~ _ .... ............................ , .... ~ ~ ' ~ ~) ~ (Signature of applicant) ~OTARY PUBLIC. State of ~wY~ ~isslo~ ~i:es ~ch 30, Suffolk County Department of Planning H. Lee Dennison Executive Office Building Veterans Memorial Highway Hauppauge, Mew York 11787 June 23, 1975 To~n of $outhold Board of Appeals Petitioner: Clam Bar Restaurant Mun. File No.: 2060 S.C.P.D. File No.: SD-75-8 Gentlemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above captioned application which has beenreferred to the Suffolk County Planning Commission is considered to be a matter for local determination. The decision of local determination should not be construed as either an approval or a disapproval. Comments: With the understanding that the off-premises directional si~n is. not to exceed 4' g 6'. GGN:fp Very truly yours, Lee E. Koppelman Director of Planning TOWN OF SOUTHOLD TOWN GLERK'S OFFICE Main Road Southold, N. Y. 11971 TOWN CLERK Building Cept, } Planning Bd. 765-2660 ~oard ef A~geals Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the ........... B~'C~..O~..~Dt~]:e'" of the town of (agency ~volve~ y 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 ..... :~.. Special permits ............ Variances Clam Bar Restaurant 104 Thilld Street Greenport, N. Y. Off-premise, directional sign Location of affected land: ...-P=op.,...of...NkGho~&.s..~n~.~...b~u~e&..o~.-~.he..n~%.h..by Ma~n within 500 feet of: (check one or more) ~, (Rte 25) ~ east by Driftwoo~ Corel south by L.I.R.R.I west by Fleet Lt~her Co. Greenport. ..... .X...X... Town or village boundary 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 awned parcel on which a public building is situated Comments: Applicant requests off-premises directional s~gn because restaurant The Clam Bar is on dead-end street, not heavily travele~, June 18, 1975 Date: ............................................ (s~n~) Chairman, Southold Town Board of Appeals T~tle Date received by Suffolk County Planning Commission ........................................................................ File No ................................. Southold Town Board of Appeals SOUTHrlLD, L. h, N.Y. 119?1 Telephone 765-2660 APPEAL BOARD MEMBER Robert W. Gillispie, Jr., Chairman Robert Bergen Charles Grigonis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. Clam Bar Restaurant 104 Third Street Green~ort, NY 11944 June 28, 1976 Dear Re:AppealNo. 2060 - One off-premises directional sign, property of N~cholaa Aliano, Main Road,Green~ort, NY This is to advise you that your special exception permission for your sign(s) which was the subject of the above mentioned appeal will expire on July 3, 1976 Please sign this letter at the space provided below and return promptly to this office, if you wish to renew your sign permission. .~ S~ncerely, /~. · 5 /~, ~ ~'9~1~~hairman' S°uth°ld T°wn /b~hai~man Board 0~ Appeal& Si~ature of appellant ...... Please oi~n ~n~ return both copies