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Home My WebLink About1890 TOWN OF SOUTHOLD, NEW YO~K ACTION OF THE ZOI~f~NG BOABD OF APPEALS Appeal No. 1890 Dated March 27, 1974 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Harvey F. Bagshaw Deephole Drive Mattituck, New York DATE .Apr. il....ll, 1974 Appellant at a meeting of the Zoning Board of Appeals on April 11, 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 ( ) 1974 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be ~anied ( ) be de.ed pnssuant te ~ticle .................... ~ction .................... Subsection .................... paragraph .................... of the Zoning Ordin~ce and the dec~an of the Building Inspector ( ) be reversed ( ) be conih~ned beeau~ 9:15 P.M. (E.D.S.T.), upon application of Harvey F. 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 to use building as auto repair (body shop). Location of property: Sound Avenue, Mattituck, bounded north by North Fork Bank; east by Love Lane; south by Sound Avenue; west by Episcopal Church. Fee paid $15.00. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict appllcatinn 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 ( that the previous decisions of the Building Inspector ( ) be confirmed ( SEE REVERSE FORM ZB4 ) be granted ( ) be reversed. /ONING BOARD OF APPEALS ) be denied and Marjor~e McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to use building as auto repair (body shop) located on Sound Avenue, Mattituck. The findings of the Board are that the type of use is not compatible with the activities of the church. It would affect many people in the community. It is specifically recommended in the Ordinance that body shops, repair shops and gasoline service stations not be permitted within 300 feet of a church, library, rest home, etc. The Board finds that because it adjoins a church, it is an incompatible use. The Board finds that the public convenience and welfare and justice will not be served and the legally established or pe~itted use of neighborhood property and adjoining use districts will be permanently or substantially injured and the spirit of the Ordinance will not be observed. THEREFORE IT WAS RESOLVED, Harvey F. Bagshaw, Deep Hole Drive, Matt~tuck, New York, be DENIED permission to use building as auto repair (body shop) on Sound Avenue, Mattituck, New York, for the reasons stated. Vote of the Board: Grigonis. Ayes:- Messrs: Gillispie, Bergen, ~i~ ~f ~eari~gs ~he follo~in~ ~!~eals~ Legal Notice Pg. 2 8:30 P.M. (E.D.SoT.) upon application of George L. Penny Sound View Avenuer Southold, New York, for a variance due to lack of access, Town Law, Sec. 280A, access to interior lot. Location of Sound View Avenue, Southold, bounded east by D. R. Grattan; south by D. R. Bayley. Sub 3, for approval of property: south side north by Sound View Avenue; Grattan; west by Robert IV, 8:45 P.M. (E.D.S.T.) upon application of Paul & Michele Cus~ano, Fleetwood Road, Cutchogue, New York~ for a variance in accordqance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to use existing structure for additional living space with insufficient sideyard. Location of property: Fleetwood Road, Cutchogue, New York~ bounded on the north by Fleetwood Road; east by Fleetwood Road; !isouth by E. Hansen; west by H. Meyer. !i 9:00 P.M. (EoD.S.T.) upon application of Edwin W. Stewart~ 20 Carole Road, SQuthoid, New York, for a variance in accordance ~!with the Zoning Ordinance~ Chapter I00, Section 100-32B, for permission to locata accessory building in side yard with insufficient area to property line. Location of property: 120 Carole Road, Southold, New York~ bounded on the north by Mo Kuermer; east by Arshamomaque Pond; south by Arsh~momaque ~!Pond; west by Carole Road. 9:15 P.M. (E.D.S.T.) upon a~plication of Harvey P. Bagshaw~ Deepho!e Drive, Mattituckt New York for a specia~ exception ~n accordance with the Zoning Ordinance, Article VI~ Section 100-70 B (4) for permlssion to'use building as auto'repair (body shop)° Location of property: Sound Avenue~ ~attituck, bounded on the north by North Fork Bank; east by Love Lane; south by Sound Avenue; west by Episcopal Church. Legal Notice Pg. 3 9:30 P.Mo (E.D.S.T.) upon application of Fogarty Incorporated~ Box 1000, Main Road~ Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article VI, Sect-ion 100-60 C (3) (b) (1) to maintain sign of excessive size.: Location of Property: 7055 Main Road, bounded on the north by Long Island Railroad;' east by D. Tuthi~l; south by Main Road; west by W. Ritzer. 9:45 P.Mo (E.D.S.To) upon application of North Fork Baptist Church~ Route 27Ar Mattituck~ New York~ for a special exception in accordance with the Zoning Ordinance, Article IIi~ Section 100-30 B (2) (3) (4) (6) (7) for permission to expand the present m!nistry to include a youth hostel. Location of property: Route 27A, Mattituck, bounded on W. A. Kaiser; east by Co Sanders 27; west by J. Haas. the north by Horton Avenue & & Co Born; south by County Road Any person desiring to be heard on the above Appeals should appear at the time and place above specified. Dated: March 29, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, April 4, 1974, D~D FORWARD NINE (9) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, _NLAIN ROAD, SOUTHOLD, NEW YORK. Copies sent ~o the following on March 29, 1974: Th~ Suffolk Weekly Times The Long Island Traveler-Matt~tuek Watchman Supervisor Albert M. Martocchia Mary E. & Linda J° Wheeler/LeffertsP..~iEdson, Esq. Gasper Pisacano/Gottlieb Nicktes Lloyd E. Terry George L. Penny Iv Paul & Michele Cusumano Edwin W. Stewart Harvey F. Bagshaw Fogarty, Inc. North Fork Baptist Church Notice of Hearings Pursuant to Section 267 of 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, South- old, New York, on April Il, 1974 on the following appeals: 7:45 PM (E.D.S.T.) upon applica- tion of Mary E. Wheeler and Linda J. Wheeler, 3500 Boisseau Avenue, Southold, New York, for a variance in accordance with the Zoning Ord- inance, Article III, Section 100-30, 100-31 and Bulk Schedule for per- mission to divide lot with insufficient width and area. Location of property; east side of Boisseau Avenue, bounded north by J. Carroll & Ano.; east by J. Carroll & Yennecott Park; south by Yennecott Park; west by Boisseau Avenue. 8:00 PM (E.D.S.T.) upon applica- tion of Gasper Pisacano, Cedar Beach Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article Ill, Sec- tion 100-30, 100-31 and Bulk Sched- ule for permission to redivide prop- erty with insufficient area. Location of property: Cedar Beach Road, Paradise Point Road, Southold, New York, bounded north by A. Wey- mouth Il; east by E. Heacock -- Wf; south by Cedar Beach Road; west by Paradise Point Road. 8:15 PM (E.D.S.T.) upon applica- tion of Lloyd Terry, Main Road, Orient, New York, for a special ex- ception in accordance with the Zon- ing Ordinance, Article III, Section 100-30 B 8 (a). for permission to op- erate farm labor camp. Location of property: south side Main Road, Orient, New York, bounded north by Main Road; east by Terry Estate; south by Terry Estate; west by Ed- ward Latham. 8:30 PM (E.D.S.T.) upon applica- tion of George L. Penny IV, Sound View Avenue, Southold, New York, for a variance due to lack of access, Town Law. Sec. 280A, Sub 3, for ap- ,proval of a~cesg to interior Io17. Loca- tion o[?roperty: south side Sound View Avenue. Southold, bounded north by Sound View Avenue; east by D. R. Grattan; south by D. R. Grattan; west by Robert Bayley. 8:45 PM (E.D.S.T.) upon applica- tion of Paul & Michele CuSumano, Fleetwood Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article lIl, Section 100-31 and Bulk Schedule for permission to use existing struc- ture for additional living space with insufficient sideyard. Location of property: Fleetwood Road, Cut- chogue, New York, bounded on the north by Fleetwood Road; east by Fleetwood Road; south by E. Hah- sen; west by H. Meyer. 9:00 PM (E.D.S.T.) upon applica- tion of Edwin W. Stewart, 20 Carole Road,.Southold, New York, for a var- iance In 'accordance with the Zoning Ordinance, Chapter 100, Section 100-32B, for permission to locate ~ccessory building in side yard with Insufficient area to property line. Lo- cation of property: 20 Carole Road, Southold, New York. bounded on the north by M. Kuermer; east by' Ar- shamomaque Pond; south by Arsha- momaque Pond; Road. w~ [~ 9:15 PM (E.D.S.T.) upon applica- I,tion of Harvey F. Ragshaw, Deep- hole Drive, Mattituck New York fm~ a special except on in ,~cordance with the Zoning Ordinance, Article VII, Section 100-70 B (4) for permis- sion to use building as auto repair (body shop). Location of property: Sound Avenue, Mattituck, bounded on the north by North Fork ,Bank; ~avSt by Lo~e Lane; south by Sound enue; west by Episc0paJ Church. 9:30 PM (E.D.S.T.) upon applica- tion of Fogarty Incorporated, Box 1000, Main Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-60 C (3) (b) (1) to maintain sign of excessive size. Lo- ' cation of property: 7055 Main Road, bounded on the north by Long Island Railroad; east by D. Tuthill; south by Main Road; west by W. Ritzer. 9:45 PM (E.D.S.T.) upon appllca- ~ tion of North Fork Baptist Church, Route 27A, Mattituck, New York, for a special exception in accordance with the Zonino Ordinance. Article COUNTY OF SUFFOLK STATE OF NEW' YORK ss: C. Whitney Booth, Jr., being duly sworn, says 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 punished in said Long Island Zraveler-Mattituck Watch- man once each week for . ~' cd~f/. ~. ? / ~ successively, comrn~nciq? on the ............... e~....C~.d.~ ........... Sworn to before me this ......... ;).. ............ day of ...... ~.,.~ ~?~- ~-~.~./.~...., 19. / ....... y.( ' Nots~y Publte ,fi' ' ............... 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 Beard of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New York, on April 11, 1974 on the following appeals: 7:45 P.M. (E.D.S.T.) upon application of Mary E. Wheeler and Linda J. Wheeler, 3500 Bolseeau Avenue, Seuthold, New York, for a variance in ac- cordance w/th the Zoning Or- dinance, Article III, Section 307 100-31 and Bulk Schedule for permission to divide lot with insufficient width and area. Location of property: east side of Boisseau Avenue, bounded north by J. Carroll and another; east by J. Carroll and Yennecott Park; south by Yenneeott Park; west by Bolsseau Avenue. 8:00 P.M. (E.D.S.T.) upon application of Gasper Pisacano, Cedar Beach Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article IH, Section 100-30, 100-31 and Bulk Schedule for permission to redivide property with insufficient urea. Location of property: Cedar Beach Road, Paradise Point Road, Southold, New York, bounded north by A. Weymouth II; east by E. Heaeeck and wife; south by Cedar Beach Road; west by Paradise Point Road. 8:15 P.M. (E.D.S.T.) upon application of Lloyd Terry, Main Road, Orient, New York, for a special except/on in accordance with the Zoning Ordinance, Article III, Section 100-30 B 8 (a), for permission to operate farm labor camp. Location of property: south side Main Road, Orient, New York, bounded north by Main Road; east by Terry Estate; south by Terry Estate; west by Edward Latham. 8:30 P.M. (E.D.S.T.) upon application of George L. Penny IV, Sound View Avenue, Southold, New York, for a variance due to lack of access, Town Law, Section 280A, Sub 3, for approval of access to interior lot. Location of property: south side Sound View Avenue, Suuthald, bounded north by Sound View Avenue; east by D.R. Grattan; south by D.R. Grattan; west by Robert Bayley. 8:45 P.M. (E.D.S.T.) upon application of Paul and Micbele Cusumano, Fleetwood Road, Cutchogun, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100~31 and Bulk Schedule for permission to use existing structure for additional living space with insufficient sideyurd. Location of property: Fleetwood Road, Cutchogun, New York, bounded on the north by Fleet- wood Road; east by Fleetwood Road; south by E. Hunson; west by H. Meyer. 9:00 P.M. (E.D.S.T.) upon application of Edwin W. Stewart, 20 Carole Road, Suuthold, New York, for a variance in ac- cordance with the Zoning Or- dinance, Chapter 100, Seet/on 100- 328, for permission to locate accessory building in side yard with insufficient urea to property line. Location of property: 20 Carole Road, Southold, New York, bounded on the north by M. Kuermer; east by Ar- shamomaque Pond; south by Arshamomaque Pond; west by application of Harvey F.~ Bagshaw, Deephole Drive,{ Mattituck, New York for a{ special exception in accordance { with the Zoning Ordinance,l~ Article VII, Section 100-70 B (4) for permission to uso building as auto repair (bod Location of property: ,..~, Avenue, Mattituek, botmded on the north by North Fork Bank; east by Love Lane; south by Sound Avenue; west by Episcopal Church. ~ - 0:90 P.M. (E.D.S.T.) upon application of Fogarty In- corpeeated, Box 1000, Main Road, Matt/tuck, New York, for a ~F SUFFOLK, ~ N'EW YORK, ~ ss: maintain sign of excessive size. Location of property: 7055 Main Road, bounded on the north by Long Island Railroad; east by D. Tuthill; south by Main Road; west by W. Ritzer. 9:45 P.M. (E.D.S.T.) upon application of North Fork Baptist Church, Route 27A, Matt/tuck, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 B (2) (3) (4) (6) (7) for permission to expand the present ministry to include a youth hostel. Location of property: Route 27A, Mattituck, bounded on the north by Hortan Avenue and W.A. Kaiser; east by C. Sanders and C. Born; south by County Road 27; west by J. Haas. Any person desiring to be heard on the above Appeals should appear at the t/me and place above specified, Dated: March 29, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS .t.~.~..r.~, C. ;..D..o, .~Tn .~'~. ............ being duly Sworn. nd that the notice, of which the annexed is a printed been published in the said Suffolk Weekly Times ,,ch week, for ......... one (1) weeks ~ly ~ommencing on the ........ .~.'t;.h. .............. ASril .~ ~ 74 before me this .. ~.~.h. ..... · ..... variance in accordance with the he is Printer and Publisher of the SUFFOLK Zoning Ordinance, Article VI, ' ...... Sect/on 100-60 C (3) (b) (1) to TIMES. a newspaper published at Greenport. in said · =TOWN OF' SOUTHOLD~ NEW YORK APPLICATION FOR SPECIAL EXCEPTION APPLICATION NO, /~(~ ~:~,,~ D.~TE ....Ea_..~. ,h....,.2..7. 197¥ TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. Y. ~, <We) ..... ~.'..~..,'...~_'.._~.~.~..':'. ........................... of .......................... .~.....'.~.~_.~:.~..'..~ ......................... Name Slreet and Number ..................... ~.t.ti~.uck ......................................................................... ~.~, ................................................................ Municipality S~ate hereby al)ply to TEJ~ ZON-'~G ~0~--I~D OF A~PEALS for a SFECLA. L EXCEPT[ON i~ accordance with lhe ZOMNG ORDINAIgCE .~RTICLE ~I SECTION 1!00-70~ B(I+) SUBSECTION THE SPECIAL EXCEP~ON IS REQUESTED BECAUSE t This is the: ~iy avai~Ie b~ildi~g fo~ ieas~-in~-i z~I~eo This b~ilding is to be as a a~te repair ( body sho~)~ It has p~evio~sly bee~ ~se~ by n~ereus people as a rep~ir shop. A copy of the lease ~il~. be avil~ole at the t~e ef the hearing. STATE OF NEW YORK COUNTY OF S?~L~f olk ~/ Signalune~ mis 27 d ~ March .~ 7~ Notary Public ~UDITH T. BOKEN Nota'ry Public, S~ate of New York No. 52-0344968 Suffolk Cc~nt'/~/~'''~ Commission 5xpi~es March 30, FORM ZB2 April 10, 1974 Zoning Board of Appeals Town of Southold Southold, New York 11971 Gentlemen: it has been brought to the attention of the Board of Trustees of the Mattituck Presbyterian Church that on April ll, 1974, a public hearing will be held on the application of Harvey F. Bagshaw, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance for permission to use a building on Sound Avenue, Mattituck, as an auto repair shop. This letter is not to approve or disapprove of the matter, but to request that if the Zoning Board should approve the application, it consider the following restrictions: 1. The building and grounds be kept clean. 2. No cars for repair be left on the street. 3. No extreme noise be made during Church Services (Episcopal Church of the ~edeemer and Mattituck Presbyterian Church). Very truly yours,