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HomeMy WebLinkAbout1898 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1898 Dated April 9, 1974 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Agway, Inc. Young' s Avenue Southold~ N. Y. DATE ~4a.y...2,-..1974 AppeHant at a meeting of the Zoning Board of Appeals on May 2, 1974 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By resolu~on ~ the Board B was determined that a ~edal exce~ion ( ) be granted ( ) be denied p~suant W ~t~e .................... Section .................... S~section .................... para.apb .................... ~ the ~ning O~inance and the decision of ~e Build~g InspecWr ( ) be reversed ( ) be co~irmed became 9:10 P.M. (E.D.S.T.), upon application of Agway, Inc., Y0ung's Avenue, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-60 C 3 (a) (b) (c) for permission to erect combination roof and ground sign in excess of 16 foot height requirement. Location of property: Young's Avenue & Private Road, Southold, bounded north by G. Minor and others; east by Young's (RR Ave.); south by R. Houston & Ors; west by Ahler & Hellman. 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. ori~ McDermott, S~c-f~fary After investigation and inspection - the Board finds that applicant requests permission to erect combination roof and ground sign in excess of 16 foot height requirement. Location of property: Young's Avenue, Private Road, Southold. 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, Agway, Inc., Young's Avenue, Southold, New York, be GRANTED permission to erect combination roof and ground sign in excess of 16 foot height requirement on property located at Young's Avenue, Private Road, Southold, New York, as applied for, subject to the following conditions: 1. That the structure supporting the sign shall be no closer than 5 feet to any property line. 2. That the applicant agrees to forego the right to any ground sign. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. O Legal Notice Page 3 ~ 9:10 P.M. (E.D.S.T.) upon application of Agway, Inc., Young's Avenue, Southold, New York for a variance in accordance with the Zoning Ordinance, Article VI, Sec. 100-60 C - 3 (a) (b) (c) for permission to erect combination roof and ground sign in excess of 16 foot height requirement. Locatlon of property: Young"s Avenue & Private Road, Southold, beundc,l north by G. Minor and others; east by Young's (RR) Avenue; south by R. Houston and others; west by Abler & Hellman. 9:20 P.M. (E.D.S.T.), upon application of Charles Michel, Oakwood Drive, Southold, New York for a variance in accordanc~ with the Zoning Ordinance, Article III, Section 100-32 for permission to erect front yard area. Location of ~roperty: New York, Lot No. 72, Cedar Beach Park. Section 100-30 C, accessory building Oakwood Drive, Southoid, Ally person desiring to be heard on the above Appeals should appear at the time and place above specified. Dated: April 18, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, April.25, 1974, AND FORWARD EIGHT (8) AFFIDAVITS SOF PUBLICATION TO THE SOUTHOLD TO~ ~OARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copies sent to the following on April 18, 1974: The Suffolk Weely Times The Long Island Traveler-Mattituck Watchman Supervisor Albert M. Martocchia Mr. & Mrs. Stevan Banick Richard J. Cron, Esq., Francis J. Yakaboski, Rudolph Bruer, Esq. a/c Lucile Mosback Mr. and Mrs. Robert Davis Clarence Powell a/c Edward & Flauia Grebinar Gary Olsen, Esq. a/c Emily R. Mather Agway, Inc. Charles Michel Esq./Dalchet Corp. NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law 4nd the provisions of the Amended Building Zone Ordinance of the Town of Seuthold, Suffolk County, New York, public 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 May 2, 1974 on the following appeals: 7:35 P.M. (E.D.S.T.), upon ap~ne~ Pt{Main Road; east by William (P~Park, Jr.; south by Gardiners for Bay; west by A.E. Parker and the others. VII 8:30 P.M. (E.D.S.T.) upon Seb application of Robert Davis and 112 wife, Peconic Bay Blvd., Mat- (3) tituck, New York, for a variance mh in accordance with the Zoning res Ordinance, Article III, Section suf 100-30, 100-31 and Bulk Schedule, ant for permission to use existing lot Pre for one family dwelling with (RI insufficient side yard area. bot Location of property: S-S Sound m Avenue, Mattituck, bounded y, north by Sound Avenue; east by T,- (now or formerly) O. Daviault; south by Mattituck Realty; west B by R. Demchuk. 8:40 P.M. (E.D.S.T.), upon application of Edward and Flaula Grebinar, Sound View Road, Orient-by-the~Sea, Orient, New York, for a variance in~_c- cordance with the Zoning Or- cilnance, Article III, Section 100- 30 and 100-31 and Bulk Schedule for permission to turn present garage area into living quarters and add on addition for new garage with insufficient side yard Sound View Road, Orient, Lot No. 27, Section I, Orient-by-the-Sea, Orient. 8:50 P.M. (E.D.S.T.), Upon application of Emily R. Mather, Bayer Road, Mattitack, New York, for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 301, for permission to divide lot with insufficient frontage and area. Location of property: Bayer COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: Stuar't C, Dorman being duly Sworn, s~s that ...~.. is Printer ~d Publisher of ~e SUFFOLK area. ~ation of prop~ty: S~ ~ES, a news~per pub~s~ ~ G~n~rt, in ~d ~at the noti~, of which ~e ~nne~ is ~ print~ ~en published in the ~d Suf~lk W~k~ T~es w~k~ for .......... ~. ~ ~ ~ ........ w~ks ~mmencing on ~e ........... ~.~. ......... ~.. ~ ~. ~.~ ..... -. ~ . ~; ~.. ~ ........... ; .... ~d and Gr~d Avenue, Mat- ~e this .,.~... titu~,~tN~.~,~,~,Wand e ~e - -~- ~ ¥ j~C 0F~NE~ ~0~ "Mat- ~ril ~7~ [~'' .' : ~- ~.,~ Co..t~ / application of Agway, Inc, /./.'~-~i.~/~..~.~~ ~ Yo~g's Avenue, ~uthold,~New / 'w~t by - / 9:~ ~ ~ appHca~ ~ Oa~ ~ York fi [~.C, ~ mission ~ b~ 76 "Mattituck Heights': tituck, New York. 9:10 P.M. (E.D.S.T.) York for a variance in ac- cordance with the Zoning Or- west by Alder and Helima~. dinance, ArticleVI, Sec. 100-60C- 9:20 P.M. (E,D.S.T.), upon 3 (a) (b) (c) for permission to application of Charles Michel, erect combination roof and Oakwood Drive, Seuthold, New ground sign in excess of 16 foot York for a variance in ac- height requirement. Location of cordance with the Zoning Or- property: Young's Avenue and dinance, Article III, Section 100- Private Road, Southold, bounded C, Section 100-32 for per- north by G. Minor and others; mission to erect accessory east by Young's (RR) Avenue; in front yard area. south by R. Houston and others; Location of property: Oakwood Drive, Southold, New York, Lot No. 72, Cedar Beach Park. Any person desiring to.bo heard on the above Appeals should appear at the time and place above specified. Dated: April 18, 1974 BY ORDER OF THE $OUTHOLD TOWN BOARD OF APPEALS NOTICE OF HEARINGS Pursuant to Section 267 of th~ Town Law and the provisions of the Amended Building Zone Ordinance df the Town of Southold, Suffolk County, New York, public hearings will be held by the Zo,fing Board of appeals of the Town of Southold, at the Town Office, Main Road, South- old, New York on May 2, 1974 on the following appeals: 7:35 P.M. (E.D.S.T.), upon application of Stex, an and Agnes Peggie Banick, :~Iorton Point, (Pvt. Road), Southold, New York for a va:riance in accordance with the Zoning Ordinance, Article Vll, Section 100-7] and Bulk Schedule, Article XI, Section 110-112 B, C, D, G, H, Section 100-113 (3), for permission to build new mixed occupancy (business and residence) building with insufficient sideyard, rear yard, and parking area. Location of property: W/S/ Young's Avenue (RR Ave.), Southold, New York, bounded north by (now or formerly) Eissman; east by Young's Avenue; south by John Terp; west by Koke Bros. 7:45 P.M. (E.D.S.T.), Rehear- ing on motion of the Southold Town Board of Appeals of application of Dalchet Corpora- tion, Pequash Avenue, Cutch- ague, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule for permission to set off existing dwelling on lot with insufficient area and front- age. Locastion of property: south side Main Road, Cutchogue, bounded north by Main Road; east by other land of applicant; south by other land of applicant; west by A. Luglio (formerly Orlowski). Lot Nos. 53, 43, 44, 77 & 76 "Mattituck Heights", Mattituck New York. ~ 9:10 P.M. (E.D.S.T.) upon application of Agway, Inc., Young's Avenue, Southold, New with the Zoning Ordinance, Article VI, Sec. 100-60 C-3 (a) (b) (c) ibr permission to erect combination roof and ground sign in excess of 16 foot height requirement. Location of proper- ty: Young's Avenue & Privatc Road, Southol& bounded north by G. Minor and others; east by Young's (RR) Avenue; south by R. Houston and others; ~bst by Abler & Hellman. ~ 9:20 P.M. (E.D.S.T.), upon application of Charles Michel, Oakwood Drive, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article Ill, S$ction 100-30 C, Section 100-32 for permission to erect accessory building in front yard area. Location of property: Oakwood Drive, Southold, New York, Lot No. 72, Ccdar Beach Park. Any person desiring to be heard on the above Appeals should appear at the time and place above specified. Dated: April 18, t974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1 T. 4/25 COUNTY OF SUFFOLK } STATE OF NEW YORK ss: C. Whitney Booth, Jr., being duly sworn, soys that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper 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 TraveJer-Mattituck Watch- man once each week for ..... ~~'~'~'~' ........... weeks' successively, commencing on the ............... .,~..i~? ................. day of ~,.~.(~'~ - 7'1/; Sworn to before me this ....... ~.~ ......... day ........ ...... , ......... ' ................. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No .................................................................. Dote ..................... ~......~. ........ , 19.~..~( PL£A$£ ]'AK[ NOTICE thor your oppli¢otion doted ............ ~......~.. ........... , 19.~...Y for permit to construct ~ ................... at at ...... ~../..~...0¢r~ ~.....~....~....~......~.....~..- ................... Street ~ //~C/'" r~,~.~t~-e~d disapproved on the following grounds ..... .~..'.~ ................................... .... .IP.~...i~r~.....~..~......~._~ ....... ~..l...;..~.....-. ............... .~~......~...~......~......~...../.~..~..4.L~~ ..................... ~...vi....~.~...I..~.~..;..~,..o.....G..:..~. ...~)......C~.)....~ ). ................................................... Buirding Inspector Southold Town Board of Appeals ~OUTHDLD, L. I., N.Y. 11~71 Telephone 765-2660 APPEAL BOARD MEMBER Robert W. Gillispie, Jr., Chairman Robert Bergen Charles Grigonis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. Agway, Ina. Youngs Avenue Southold, NY 11971 April 15, 1977 1 8 REC'D Dear Sirs: Re:AppealNo. 1898 - One combination roof and ground sign, Youngs Avenue & Private Road, Southold. This is to advise you that your special exception permission /or your sign(s) which was the subject o£ the above mentioned appeal will expire on May 2, 1977 Please sign this letter at the space provided below and return promptly to this office, if you wish to renew your sign permission. obert W. Gillispie, Jr. q/ Chairman, Southold Town Board of Appeals /bd Signature of appellant ///'?~ 9~ ,'~ /~-~'~/~ / (Please sig~-5~,and return both copies promptly. ) APPROVED /~ Chmrman B6ard o~ Appeals Southold Town Board of Appeals 50UTHOLD, /. I., N.Y. 119?I Telephone 765-2660 APPEAL BOARD MEMBER Robert W. Gillispie, Jr., Chairman Robert Bergen Charles Grigonis, J r. Serge Doyen, Jr. Fred Hulse, Jr. April 8, 1975 Agway, inc. Youngs Avenue Southold, N.Y. Dear Sirs: Re: Appeal No. 1898 - One ooalbination roof and ground sign @ Youngs Ave. & Pvt. Rd. Southold, N.Y. This is to advise you that your special exception permission for your sign~)' which was the subject of the above mentioned appeal will expire on May 2, 1975 Please sign this letter at the space provided below and return promptly to this office, if you wish to renew your sign permission. Southold Town Board of Appeals -~OUTHOLD, L. I., N. Y. 119'71 Telephone 765-2660 APPEAL BOARD MEMBER Robert W. Gillispie, Jr., Chairman Robert Bergen Charles Grigonis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. April 22, 1976 Agway, Inc. Youngs Avenue $outhold, N. Y. 11971 Sirs~ Re:AppealNo. 1898 - One (1) combina- tion roof and ground sign. Youngs Avenue & Private Road, Southold. This is to advise you that your special exception permission for your sign~) which was the subject of the above mentioned appeal will expire on May 2, 1976 Please sign this letter at the space provided below and return promptly to this office, if you wish to renew your sign permission. APPROVED (Please sign an~ Robert W. Gillispie, Jr. ~ Chairman, Southold Town Board of Appeals ' ....... ~OUTHOLD, L. I., N. ¥. 'P~:;t TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. /~c,/~ aa ¢,/q I? 4 DATE .......... :.: ................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. AGV~AY INC Young's .ve 1, (We) .................................................................. of ............................................................................ Name of Appella,nt Street and Number Southold N.Y. ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUIL~ING/ INSPECTOR ON ..................................... ......... .................... WHEREBY THE BUILDING INSPECTOR DENIED TO X ( ) ( ) A~wa, Ina Name of Applicant~for,~ermit of Street on~ Number Municipoli~ S~pte PERMITTO USE Comoination Roof & Ground SJ~n PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ¥oun~'s Ave. & P~t. Rd. "C"DJstriot Street Use District on Zoning Map ................................................................................. So';t~' old Mop 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 Ordi.nance.) Art. V! geo. 1OO-60 C- 3 (a) (b) (c) 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance 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 (h~is) (has not) 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 and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 X) A Variance to the Zoning Ordinance ~s reauested for the reason that REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Street Frontage is obsa~z'ed by trees after Dayl~_te hours. Thru traffic has ro indication of o~r b-~s~ess. Premisa.~ .~re very p~orly ide~tJf~ ]e,~ ~.n,J ~ft~r oc,~,upying t'q[~ buildi:~g since 1965 and spending an ann~al ot~tlsv ~n excess of $6,000, a subs~antial nt~mber of loca 1 residents are nbt aware ce ot~r store and its loc~<tion. Therefore it is o~r oo~n~on (,tnd ~,hi~ is substantied by the nmmber of Local Residents vis, ting our Riverhead Store) that much dollsr vo!~;me is bein~ s?eDt ~o ot;~er !oc~]J. tJes. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because Our n~ighbor busi~e>,s¢~.re m:~,inly dei,endent on established clientele, whereas a larze portion of our busJness is dependant on the more or less transiemt or seasonai resident. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because Thls sign would a~d to the apt~ear~r~ce ~f the buildi~,g, would not ~!r~,ctly aa,u~e ar~y u~d~e ii]um~nation of other th~m business property and ~d possibly could discourage acts of v~nda!ism STATE OF NEW YORK ) ~'~,I~TY C~I:~------~ SS t'-\ \ i