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HomeMy WebLinkAbout2022 Appeal No. 2022 TOWN OF SO~JTItOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Dated March 6, DATE .~Iul~..3., 1.975 1975 ACTION OF THE ZONING BOARD OF APPEALS O1r THE TOWN OF SOUTHOLD To Philip J. Ofrias, Jr., Esq. 737 Roanoke Avenue P. O. Box 462 a/c Harvey Bagshaw AppeLant Deep Hole Drive Mattituck, N. Y. 11952 Riverhead, N. Y. 11901 at a mee~ng of the Zoning Board of Appeals on July 3, 197 5 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 ( ) 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 8:00 P.M. (E.D.S.T.) upon application of Philip J. Ofrias, Jr., Esq. a/c Harvey Bagshaw, Deep Hole Drive, Mattituck, New York for a special exception in accordance with the Zoning Ordinance, Article VII, Section 100-70 B (4) for permission to build and operate automobile repair (Body) shop. Location of property: N/S Main Road, Laurel Dist. #11, 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. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because di/ficulties 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 den/ed and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ~~~~ Marjor~e McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to build and operate an automobile body repair shop on the north side of Main Road, Laurel Dist. #11, Mattituck Post Office, New York. The findings of the Board are that this is a favorable location for this type of operation as it is bounded by industrial property on the north and west and business property to the east; and across the street there is a gas station. The Board agrees with the reasoning of the applicant. The Board finds that the public convenience and welfare and justice 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, Harvey Bagshaw, Deep Hole Drive, Mattituck, New York be GRANTED permission to build and operate an automobile body repair shop on the north side of Main Road, Laurel Dist. #11, Mattituck Post Office, New York, as applied for, subject to the following conditions: Entrance and exit driveways shall have an unrestricted width of not less than 12 feet and not more than 30 feet and shall be located not less than 10 feet from any property line, and shall be so laid out as to avoid the necessity of any vehicle backing out across any right of way. Vehicle lifts or pits, dismantled automobiles and all parts or supplies shall be located within a building. Ail service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in a building. The storage of gasoline or flammable oils in bulk shall be located fully underground and not less than 35 feet from any property line other than the street line. 5. No gasoline or fuel pumps or tanks shall be located less than 15 feet from any street or property line. 6. The building shall be located no closer than 35 feet to the front property line on Main Road. 7. The building shall be located no closer than 25 feet to the easterly side line. 8. The building shall be located no closer than 10 feet to the westerly side line. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse. LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board~of Appeals of the Town of Southold, at the Town Office, Main Road, Soufhold, 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 Bagshaw, Deephole Drive, Mattituck, New York for a special exception in accordance with the Zoning Ordinance, Article VII, Section 100-70 B (4) for permission ho build and operate automobile repair (Body) shop. Location of property: N/S Main Road, Laurel Dist. #11, 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 Orlowski a/c Eleanor Kirkup, Hallock Lane, Mattituck, N. Y. for a variance in accordance with the Zoning Ordinance, Article III, 100-32 for permission to locate garage in front yard of property: Hallock Lane, Mattituck, bounded on the Long Island Sound; east by Mary Jonathan; Dickerson); west by Reeve Estate. Section area. Location north by South by R.O.W. (Reeve & LEGALNOTICE NoticeofHearings Pursuant to Section 267 of the Town Lawandthe 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 of the Town of Southold, at the Town Office, Main' Road,~{ Southold, New York, on July 3, 1975, on the following appeals:J 8:00 P.M. (E.D.S.T.) upon ap- plication of Philip J. Ofrias, Jr., Esq.'a/c Harvey Bagshaw, Deep- hole :Drive, Mattituck, New York for a:special exception in accord- ance with the Zoning Ordinance, Article VII, Section 100-70 B (4) for pern~ssion to build and operate automgbile repair (Body) Shop. Locat~n of property: N/S Main Roac~[ laurel Dist. #11, Mattituck Post fl~fice, New York. bounded on the n~th by J. O'Connell; east by A. Ge/l:glale; south by Main Road; west t~ J. O'Connell. 8:Z'0~P.M. (E.D.S.T.) upon plicati~n of Saint Peter's Lutheran Churq~g Main Road, Greenport, New Xork for a special exception in accort~.~nce with the Zoning Ordi- nance.:Article Vll, Section I00-70 B (2Y for permission to hold Germs Festival. Location of pro- perty: 'Town Park between Route 28 andrOid Main Road, Greenport, bounded on the north by other prope~v of applicant; east by Villag~ of Greenport & Old Main Road; ~south by Main Road (Route 25); v,,est by now or formerly William Price. 8:30 P~M. (E.D.S.T.) upon ap- plication~of Chester Orlowski a/c Eleano3 ~Kirkup, Hallock Lane, Mattitue[;,. N.Y. for a variance in accorda*nq~ with the Zoning Ord- inance. ,A~ficle Ill, Section 100-32 for pernnssion to locate garage in front yar~J area. Location of pro- perty: Hallock Lane, Mattituck, bounded ~)n the north by Long Island Sbund; east by Mary Jona- than; Sou'th by R.O.W. (Reeve & Dickerson); west by Reeve Estate. 8:40 1],~M. (E.D.S.T.) upon ap- plicatio8 of J, Randolph Ryan, South College, Wesleyan Uni- ver sity, 'IVliddlet own, Connecticut for a variance in accordance with the Zoning Ordinance, Article Ill, Section ]00-30 & Bulk Schedule and 100-32 for permission to rebuild t~arfige with alterations. Location 'Of property: east side Hedge btr~et, Fishers Island, N.Y., bou~n~,ed on the north by W.P. Wo4e]~; east by West Har- bor; south, l:l~ T. Russell; west by Hedge Street. 8:50 P.i¢I~(E.D.S.T.) upon ap- . COUNTY OF SUFFOLK i ss: STATE OF NE'vV YORK j Sherley KarT, being duly sworn, says that she is cart Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Zraveler-Mattituck Watchman once each / week for ................................................................ weeks successively, commencing on the ......~m..~t~ ............................. day ~/~ ~ ' of ..~J~4*.~.-.~ ........................ , 19...L~,k. Sworn to before me this ....../ ................ day of ...................... , Southold, New York, puolic hearings will be held by the Zoning Board of Appeals of the Town of Seuthold, at the Town Office, Main Road, Southold, New York, on July 3, 1975, on the following appeals: $:00 P.M. (E.D.S.T.~-~ipon application of Philip J. Ofrias. Jr., Esq. a-c Harvey Bagshaw, Deephole Drive, Mattituck, New York for a special exception in accordance with the Zoning Ordinance, Article VH, Section 100-70 B (4) for permissian to build and operate automobile repair (Body) shop. Location of property: N-S Main Road, Lam-el Dist. No. 11, Mattituck Post Office, New York, bounded on the north by J. O'Conunll; east by A. Goodale; south by. Main Road; west by J. O'conaell. mun 8:20 P.M. (E.D.S.T.) upon application of Saint Peter's Lutheran C~arch, Main Road, Grcenport, 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, Gre~nport, 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. 9:30 P.M. (E.D.S.T.) upon application of Chester Orlowski a-c Eleanor Kirkup, Hallock Lane, Matffiuck, N.Y. for a variance in accordance with the Zoning Ordinance, Article HI, Section 100-32 for permission to locate garage in front yard area. Location of property: Hullock Lane, Mattituck, bounded on the north by Long Island Sound; east by Mary Jonathan; South by R.O.W. (Reeve & Diekerson); west by Reeve Estate. $:40 P.M. (E.D.S.T.) upon applleatian of J. Randcllii Ryan, South College, Wesleyan University, Middletown, Con- nectieut for a variance in ac- cerdance with the Zoning Or- 30 & Bulk Schedule and 100-32 for permission to reb~ld garage with alterations. Location of property: east side Hedge Street, Fishers Island, N.Y., bounded on the north by W.P. Wodell; east by West Harbor; south by T. Russell; w. est by Hedge Street. 8:50 P.M. (E.D.S.T.) upon application of Lefferts P. Edson, Esq. a-c Robert & Virginia 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 insufilcient area. Location of property: Oaklawn Avenue-Jockey Creek Drive, Southold, bounded on the north by L. Baker; east by Oak, lawn Avenue--Graves; south by Jockey Creek Drive--Graves; 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 special exception in accordance with the Zoning Ordinance, Article HI, Section 100-30 C (6) (f) for permission to erect off- premises directional sign. Location of property: Property of Nicholas Aliano, Groanport, 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.S.T.) upon application of Claire Bouffard d-b-a Briden Machine Corp. 645 Westphalia Road, Mattitu.~k_. ~T~/e~r]y' line ot Tailor thence along said westerly feet; thence along tanu ToWn of South&d,' ~ ea~s Westphalia Road, Mattituck, bounded on the north by Wickhum Avenue; east by F. Sineberg (North Fork Oil Heating Co.); south by G.L. Penney III; west by H. Charkow. 9:25 P.M. (E.D.S.T.) upon spplication of Clam Bar FFOLI/,, ] Restatwant, 104 Third Street, 'YORK, } ss: Grcenport~ New York for a J )ecial exception in accordance 1)orman :with the Zoning Ordinance, . ....-. ................. beizlg duly Sworn. 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 Any person desiring to be heard on the above appeals should appear at the time and place above specified. DATED: June 19, 1975 BY ORDER OF THE 1TJ26 · is Printer and Publisher of the SUFFOLK a newspaper published ~rt Greenport, in said the notice, of which the annexed is u printed ublished in the said Suffolk Weekly Times ~, for ()~ (~) weeks ne_n~the .......... ',/, ..... ,, ...... .... SOUTHOLDTOWN me this . .,',~-~,, ..... ~ .,~ · ....... ............. ....... 2z'gt"65 '~;;~W ~'~a~ ~lm~ ......... APPLICATION FOR SPECIAL EXCEPTION APPLICATION NO. ~ DATE ...~..r..c..~....6.., 1975 TO TB~ ZONING BOARD OF APPEALS, SOUTHOLD, N. Y. I, ~ 3~ar.v.e.y...Bagshaw ......................................... .o~ ..~eephale...D~.i.v.a .................................................... Name Street and Number ................ ............................................................ Municipality State hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE ARTICLE VII SECTION '100--70 SUBSECTION B ( ~ ) THE SPECIALE~CEPTIONISREQUESTED BECAUSE petitioner previously applied for a Special Exception for permission to build and operate an automobile body repair shop with reduced side yard. In its decision, dated Au- gust 1, 1974 under appeal #1933, the application was granted and pe- titioner was given permission to build and operate a~ automobile body repair shop with reduced side yard on the North side of the Main Road, Laurel School District #~1, Mattituck Post Office, as applied for, subject to ten specified conditions. Condition #6 provides as follows: "No motor vehicle sales, used car lot, gasoline service or repair shops or other similar businesses are to be located within three hundred feet of a church, public school, library, hospital, orphaage or a rest home, nor within three hundred feet of any residence district". Because of the fact that it now develops that petitioner's lot is located within three hundred feet of a residence district, the Special Exception granted by the d~c~sion of the Board of Appeals ~n August 1, 1974 is of no value to petmt~oner so long as that condition remains. For all of the reaons set forth in petitioner's original application for the special variance, which reasoning was substantially agreed with by the Board after investigation and inspection, petitioner is of the opinion that the subOect premises are, and still remain, ap- propriate for the construction and operation of an automobi~ ~ody repair shop. the board may seem just, STATE OFNEW YORK) COUNTY OF Suffol~ Accordingly, petitioner respectfully requests t~st the condition designated as "6" in the deeision of this board, dated August 1, 1974, be d~leted together with such other, further or different relief as to proper and e~itable. s 9.7.5 .......... Commmmon Exp~e ~ FORM ZB2 PHILIP J. OFI~IAS, Jla. June 5, ~ 975 Southold Town Board of Appeals Southold, New York 11971 RE: Bagshaw Zoning Application File No. X-4166 Attention: MarJorie McDermott Dear Mrs. McDermott: I have received your letter, dated June 2, 1975, relative to the above matter, and I will be at the Board of Appeals meet- ing with my client on Thursday, July 3, 1975. I understand the reason for the delay and I appreciate the efforts that you made in my behalf. Thank you very much. Sincerely, Phili~ J. Of~ias, Jr. PJO:Jg June 2, 1975 Philip J. Ofrias, Jr., Esq. 737 Roanoke Avenue P. O. Box 462 Riverhead, N. Y. 11901 Dear Mr. Ofrias: I'm sorry to have to inform you that although Local Law No. 2 (which now becomes Local Law No. 3) was passed, our Town Attorney advised me that your appeal should not be advertised in the legal notices until after it has been filed in Albany; also that it won't be official until ten days after it is publi~hed in the newspapers of the Town. It will be published on June 5th. Our next Appeals meeting will be on June 12th so I'm afraid I couldn't schedule this appeal until July 3rd. I kept the papers waiting until almost 4 o'clock as I was unable to reach ~he Town Board until late that afternoon. Also, tried to reach you at your office. Yours truly, Marjorie McDermott ~'~.~ 28, 1975 Philip J. Ofrias, Jr., Esq. 737 Roanoke Avenue P. O. Box 462 Riverhead, N. Y. 11901 Dear Mr. Ofrias: I understand that Local Law No. 2 has not as yet been passed.- I believe Mr. Bagshaw called the Town Clerk's office this morning and was informed of this. As soon as it is passed, we'll schedule Mr. Bagshaw's appeal. Yours truly, Marjorie McDermott PHILIP J. OFI~IAS, Jla. ~ay 2q, ~975 Southold To~n Zoning Board of Appeals Main Road Southold, New York RE: Bagshaw Zoning Application File No. X-4166 Attention: MarJorie McDermott Dear Mrs. McDermott: Confirming our telephone conversation this afternoon, it is my understanding that the application of Harvey Bagshaw for an amendment to his special exception will appear on the calendar of the Board of Appeals at 8:00 P.M. on Thursday, June 12, 1975. Both Mr. Bagshaw and myself will be present at that time. Thank you very much. Sincerely, Philip J. Ofrias, Jr. PJO:~g cc: Harvey Bagshaw PHILIP J. OFI~IAS. Jla. A~rORNE¥ A? LAW March 18, 1975 Southold Town Zoning Board of Appeals Main Road Southold, New York 11971 Attention: Marjorie McDermott RE: Bagshaw Application File No. X-4166 Dear Mrs. McDermott: Pursuant to your telephone request this morning, I have en- closed herewith a check in the sum of $15.00, payable to the Southold Town Zoning Board of Appeals, which was inadvertently omitted from my letter, dated March 17, 1975, relative to the above matter. Thank you very much. Sincerely, Fnilip J. Ofrias, Jr. PJO. 3g Enclosure PHILIP J. OFI~IAS. Jla. March 17, 1975 Southold Town Zoning Board of Appeals Main Road Southold, New YOrk 11971 Attention: Marjorie McDermott RE: Bagshaw Application File No. X-4166 Dear Mrs. McDermott: I have enclosed herewith an application for special exception on behalf of Harvey Bagshaw, Deephole Drive, Mattituck, New York, together with a check in the sum of $15.00 to cover the filing fee. I would appreciate it if you would please have this matter placed on the calendar for April 10, 1975. Thank you very much. Sincerely, Philip J. Ofrias, Jr. PJO:jg Enclosures SOUTHOLD, L. I., N, ¥. ~lCJ?l T~: Southold Town Zoning Board of Appeals From: Judith T. Boken, Town Clerk Re: Application of Harvey Bagshaw for a special exception,. I have on file in my office notification by registered mail to: Andrew E. Goodale, Main Road, Box 15a, Mattituck, N.Y. Ruth C. Goodale, Main Road, Box 15a, Mattituck, N.Y. J. O'Connell, Main Road, Mattituck, N.Y. PHILIP J. OFI~IAS, JR. June 30, 1975 Southold Town Board of Appeals Southold, New York 11971 RE: Bagshaw Application File No. X-4166 Attention: Marjorie McDermott Dear Mrs. McDermott: Enclosed herewith please find original Notice of petition, relative to the above matter, together with affidavit of service of the adjoining property owners. Thank you very much. Sincerely, Philip J. Ofrias, Jr. PJO:Jg Enclosure '~' / © COUNTY OF SUFFOLK "' ~° ~ '~lReal Property Tax Service Agency ,, / / /