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HomeMy WebLinkAbout1933 TOWN OF ~OUTHOLD, NEW YORK ACTION OF THE ZON~G BOARD OF APPEALS Appeal No. 1933 Dated ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Harvey Bagshaw Deep Hole Drive Mattituck, New York DATEAll~US~_.i, 1974 Appellant at a meeting of the Zoning Board of Appeals on was considered and the action indicated below was taken on your ( ) Request for variance due %o lack of access to proper~ (~) Request for a special exception under the Zoning Ordinance ( ) Request for a variance in the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By resolution ~ the Board it was determ~ed that a spec~l exception ( ) be ~a~ed ( ) ~ denied pursuant to ~ticle .................... Section .................... Subsect~n .................... para.aDh .................... of the Zoning Ordinance an~ the dec.on of the Building I~pector ( ) be reversed ( ) be confirmed ~caure 8:25 P.M. (E.D.S.T.) upon application of Harvey Bagshaw, Deep Hole Drive, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance, Article VII, Section 100-70, Subsection B (4) and Bulk Schedule for permission to build and operate an automobile body repair shop with reduced side yard. Location of property: N/S Main Road, Laurel School District $11, Mattituck Post Office, bounded on the north by James O'Connell; east by A. Goodale and Wife; south by Main Road (Route 25); 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 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 ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ) be denied and SEE REVERSE FORM ZB4 APPROVED ~L~ ~ ZONING BO~ARD OF APREALS " ~, ~0~rd of i~p~l~ Marjoz~e McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to build and operate an automobile body repair shop with reduced side yard on the north side of Main Road, Laurel School District ~11, Mattituck Post Office. 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 with reduced side yard on the north side of Main Road, Laurel School District 911, Mattituck Post Office, as applied for, subject to the following conditions: 1. 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 public right of way. 2. Vehicle lifts or pits, dismantled automobiles and all parts or supplies shall be located within a building. 3. All service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline and oil, shall be conducted in a building. 4. 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. No motor vehicle sales, used car lots, gasoline service or repair shops or similar businesses are to be located within three hundred (300) feet of a church, public school, library, hospital, orphanage, or a rest home nor within 300 feet of any residence district. 7. The building shall be located no closer than 35 feet to the front property line on Main Road. 8. The building shall be located no closer than 25 feet to the easterly side line. 9. The building shall be located no closer than 10 feet to the westerly side line. Pg. 2 - Harvey Bagshaw August 1, 1974 10. This approval of the Board of Appeals shall be subject to site plan approval of the Planning Board. Vote of the Board: Grigonis, Hulse. Ayes:- Messrs: Gillispie, Bergen, TOWN OF SOUTHOLD, NEW YOKK ACTION OF THE ZONI~G BOAI~D OF APPEALS Appeal No. Dated ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Appellant at a meeting of the Zoning Board of Appeals on 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 ) Request for a veriance to the Zoning Ordinance ) the appeal 1. SPECIAL E~CEPTION. 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 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because difficulties or unnecessary (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 (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) 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. ZONING BOARD OF APPEALS FORM ZB4 ~'~,VN OF 8OUTHOLO, NEW YORK APPLICATION FOR ~I~ECIAL EXCEPTION TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. Y. Name Stree% and Number ............................ ........................................... ..................... ~[..-.~.~ ............................ :. ..................................... Municipality State hereby appl~ ~o ~ ZO1N-ING BO__A~_.D OF APPEALS for a SPECIAL EXCEPTION in accordance wi~h the zONiNG O~O~A~CE A~T~CLE Vil SECTION J 00-?0 SO~S~CT~O~ B (g) THE SPECIALEXCEPTIONISBEQUESTEDBECAUSE : i have purchased a business zoned lot (B-1 zone) on N/S ~,~in ~oad~ Laurel school district ~ 111~(~ttituck post office adress) the lot is in single and seperate oenership being 100 feet wide and 189 ft ~ deep~ i propose to build and operate a body shop in a building 60 ft by 6Oft on said lot, The building will have all required facilities and off street parking for employees and, patrons automobiles etc. Health Department permit for well and cesspools are in process, STATE OF NEW YORK ) COUNTY OF Suxfo2J~ FORbI ZB2 Legal Notice Pa,je ~ 8~25 P.~. (E.$.D.T.) upon application of Harvey Bag~haw, Deep Bole Drive, Mattituck, New York for a special exception in accordance with the Zoning Ordinance, Article VII, Section 100-70, Subsection ~ (4) and Bulk Schedule for ~.ermission to build and operate an auto~obile body repair shop with reduced side yard. Location of property: ~/S ~ain Road, Laurel school district 911, 14attituck Post Office, bounded on the north by James O'Connell; east by A. Go~lale & Wf; south by ~%aia Road (Route 15)~ west by J. O'Connell. kny person desiring to be h~ard on the above appeals should appear at the time and place above specified. Dated: July 18, 1974 BY ORDER OF TII~ SOUTHOLD TOWN BOARD OF APPEALS PLEASh PUSnlS:{ ONCE, JuXy 25, 1974, and FORWARD FOUR (4) affidavits of publication TO THE SOUT~OLD TO~.~ ~OARD OF APPT2:LS, ~.~AIN ROAD, SO~T}iOLD, NEW YOPd(. Copies ~aaile~ to the following on July 18, 1974: The Suffolk wuekly T~nes Long Island Traveler-Mattituck Watciuaan Supervisor Albert ~. Martocchia Richter home Improvement Co. a/c Diana Tendler Philip Eabcock a/c Catherine w. Drake Alfred J. Terp a/c Al's Liquors Harvey Dagshaw 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, Seuthuld, New York, on August 1, 1974 on the following appeals: 7:40 P.M. (E.D.S.T.) upon application of Richter Home Improvement Co. a-c Diana Tendler, 9th Street, Greenport, New York, Map No. 93O-6, Lot No. 3 for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C for permission to locate accessory building in leg~ front' yard. Location of property: Lot No. 3, Map No. e~-6, end of 9th Street, Greenport, New York, bounded on the north by Pipes Cove Corp.; east by B. Free,nan; south by Peconic Bay (Pipes Cove); west by J. Caroff. 7:55 P.M. (E.D.S.T.) upon application of Catherine W. Drake, 424 B Heritzge Village, Southbm'y, Coanecticut for a variance in accordance with the Zoning Ordimmee, Article III, Section 100-30 (C) and 13O~32 (A) for per,,ission to erect accessory structure (TV antenna) over 18 feet high. Location of property: Lot No. 16, Map of Fairway Farms, 3050 Fairway Drive, Cutchugue, ~ York. 8:10 P.M. (E.D.S.T.) upon aPlgicatiun of Alfred J. ?erp a-c Al's Liquors, Griffin Street, Cutchogue, New York for a special exception in accordance with the Zoning Ordinance, Article VI, Section l~0-eo C (a) for permission ia bring present si~n up to the Town line. Location of' property: N-S Main Road, Cutchogue, New York, bounded north by C. Schneider; east by A.J. Terp; south by Main Road; west by Griffin Stree~ ~8:25 P.M. (E.D.S.T.) upon application of Harvey Bagshav, Deep Hole Drive, Maitituck, New York for a special exception in accordance with the Zoning Ordinance, Article VH, Section 100-70, Subsection B (4) and Bulk Schedule for permission to build zed operate ze automobile body repair shop with reduced side yard. Location of property: N-S Main Road, Laurel school district No. 11, Mattttuck Post Office, bounded on the north by James O'connell; east by A. Goodaie and Wf; south by Main Road (Route 25); west by J. O'Connell. 8:40 P.M. (E.D.S.T.) upon application of MST Construction Corp. a-c W. Barry Everett, 6 Shipman Lam~, Stony N.Y. for a variance in ac- dim~ee; Article I, Sucffze 100-12 and Article HI, ,~'ction le0-~O for permission to use lot with ad- justed property line. Location of property: Map of N~esau Point, LOt Nos. 421 zed 422, Nassau Point, Cutchogue, New York. Any per"~ze desiring to be hcord on the above appeals should appear at the time and place above specified. Dated: July 18, 1974 BY ORDER OF THE BOARD OF APPEAI.~ COUNTY OF SUFFOLK. STATE OF NEW YORK, ~ ss: ........ S..~.u.a..~.~..C.....D. 9.r~.a..n ........... being duly Sworn. says that . ...h.e.. is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published ~t Greenport. in said county; and that the notice, of which the annexed is a printed copy. has been published in (he said SuffDlk Week~ Times once in each week, for one (1) weeks successively commencing on the ......... ~..~.~.h. ............ day of .... .~?..u.' ~.~.' ~'[. [..: .... 19. ?.~. Sworn to betore me this ....~.]..s..~... t day at .... ....... · .' ....~IOTb.Ry PUBLIC, State of · ' ' ' ' N;~; ~2:9~¢~'r~2~ ............... (~ualified in Suffolk County // Commission Expires March 30, NOTICE OF I-IEARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Or- dinance of the Town of Southoid, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southoid, at the Town Office, Main Road, Southold, New York. on August 1, 1974 on the following appeals: 7:40 P.M.(E.D.S.T.) upon ap- plication of Richter Home Im- provement Co. a/c Diana Ten- diet. 9th Street, Greenport, New York, Map No.986-6, Lot No. 3, for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-30 C for permission to locate accessory building.in legal front yard. Location of Property: Lot No. 3, Map No. 986-6, end of 9th Street, Greenport, New York, bounded on the north by Pipes Cove Corp.; east by B. Freeman; south by Peconic Bay (Pipes Cove); west by 3. Caroff. 7:55 P.M. (E.D.S.T.) upon ap- plication of Catherine W. Drake, 424 B Heritage Village, South- bury, Connecticut for a variance in accordance with the Zoning Ordinance. Article ltl Section 100-30 (C) and 100-32 (A) for permission to erect accessory structure (TV antenna) over 18 feet high. Location of property: Lot No. 16, Map of Fairway Farms, 3050 Fairway Drive, Cut- chogue, New York. 8:10 P.M. (E.D.S.T.) upon ap- plication of Alfred J. Terp a/c Al's Liquors, Griffin Street, Cut- chogue, New York for a special exception in accordance with the Zoning Ordinance, Article VI, Section 100-60 C (3) (a) for per- mission to bring present sign up to the Town line. Location of property: N/S Main Road, Cut- choguc, New York, bounded north by C. Schneider; east by A. 3 Terp' south by Main Road; west by Griffin Street. ~, 8:25 P.M. (E.D.S.T.) upon ap- plication of Harvey Bagshawl, Deep Hole Drive, Mattituck, New York for a special exception in accordance with the Zoning Or- dinancc, Article VII, Section 100-70, Subsection B (4) and Bulk Schedule for permission to btdld and operate an automobile body rcpair 'shop with reduced side yard. Location of property: N/S Main Road, Laurel school district #l I, Mattituck Post Of- rice, bounded on thc north by James O'Conncll; east by A. Goodale & wt': south by Main Road (Route 25): west by J. ~ O'Connell. ~ 8:40 P.M. (F.D.S.T.) upon ap- plication of MST Construction Corp. a/c W. Barry Everett, 6 Shipman Lane. Stony Brook, N.Y. thc Zoning Ordinance. Article L Section 100-12 & Article Ill. Sec- tion 100-30 fi~r permission to usc lot with adjusted property line. Location of property: Map of Nassau Point, Lot Nos. 421 and 422, Nassau Point, Cutchoguc, New York. Any person desiring to be heard on thc above appeals should appear at thc time and place above specified. Dated: July 18,1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 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 published in said Long island Zraveler-Mattituck Watch- man once each week for ..... ~/u~..~....~..Z/..~.; weeks./ successively, commencing on the ............. .~.....c..~. .................. day ........................... Sworn to before me this ...... ~ ..........day of ......... ........ ........... August 23, 1974 Mr. Andrew E. Goodale 4th Street New Suffolk, N. Y. 11946 Dear Mr. Goodale: Re: Action #1933 - August 1 Harvey Bagshaw The Board and Counsel considered your request for a rehearing on Action No. 1933 of August 1, 1974, on application of Harvey Bagshaw, and rejected the suggestion to hold a rehearing. The Board feels that Action No. 1933 will not substantially alter the character of the neighborhood, and that a fair public hearing was held. Yours very truly, RWG:mm Robert W. Gillispie, Jr. Chairman August 5, 1974 Mr. John Wickham, Chairman Southold Town Planning Board Main Road Southold, New York 11971 Dear Mr. Wickham: On August 1st a public hearing was held for Harvey Bagshaw, Deep Hole Drive, Mattituck, New York, at which time the Southold Town Board of Appeals GRANTED permission to applicant to build and operate an automobile body repair shop with reduced side yard on the north side of Main Road, Laurel School District %11, Mattituck Post Office, as applied for, subject to the following conditions: me Entrance and exit driveways shall have an un- restricted 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 public right of way. e 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. e 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. Mr. John Wickham -2- August 5, 1974 8. 9. 10. No motor vehicle sales, used car lots, gasoline service or repair shops or similar businesses are to be located within three hundred (300) feet of a church, public school, library, hospital, or- phanage or a rest home nor within 300 feet of any residence district. The building shall be located no closer than 35 feet to the front property line on Main Road. The building shall be located no closer than 25 feet to the easterly side line. The building shall be located no closer than 10 feet to the westerly side line. This approval of the Board of Appeals shall be subject to site plan approval of the Planning Board. Yours very truly, :mm Marjorie McDermott, Secretary August 2~, 1974 Mr. Gerald Newman Suffolk County Planning Commission Veterans Highway Hauppauge, N. ¥. 11787 Dear Sir: As requested for application of Harvey Bagshaw, Application No. 1933, for public garage (body shop), enclosed please find tracing from Tax Map of area with lot layout and pertinent information of the area. Trusting this will be sufficient as we want to get him out of a violation of operating in a Residential District in another location. Yours truly, HT :mm Howard Terry Building Inspector Suffol!~ County Department of Plannin, Weterans "e~orial .*'!i~hway '~aup~auMe, ?ew York 11777 August 19, 1974 Town of Southold Board of Appeals Petitioner Harvey Ba~shaw Zonin? Action ~1un. File 7~. 1933 Please be advised that pursuant to Sections 1323 to 1332 of the Suffolk County Charter, the above cagtioned application will not be reviewed because cf ~onconnliance with requirements for notice and ~aps as stipulated in Informational Bulletin 7~. ~ of the Suffolk County Plannin~ Co~Jssion. Please forward a map of the subject property. Thank you. Very truly yours, Lee E. Director of Planninz by TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 TOWN CLERK 765-3783 Building Dept. } Planning Bd. 765-2660 Board of Apgea[s Pursuant to the General Municipal Low, Chapter 24, of the Consolidated Lows, Article 12-B, Sections 239-1 and m, the ..~...O..f.....A.~..~..~..~.$. ........... of the town of .....~.~.~.~hO,l,~.,...N.o...~.o (agency involved) 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 ..... .X.. .... Special permits ............ Variances Location of affected land: No,'fi, within 500 feet of: (check .............. ............ Town or village boundary line ....~. ....... State ~ road,~~,~%~t ............ 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 owned parcel on which a public building is situated Comments: $(1~ OOZy O~ aL~l:i.e, at:Lon ct~'~e~ ,July .1.~ Z~74 and c:o~y of ~iinu~e~ of ~etin~ of Augua~. i, ~974. D . August 14, 1974 ate: ............................................ Title Date received by Suffolk County Planning Commission ........................................................................ File No ................................. guffoik County Department of Plannin~ Veteraps ?~e~orial Ui~;~a7 Hauppau~e, ~z~.z York 11787 Town of Southeld Board of Appeals August 26, 1974 Petitioner: Harvey Bagshaw ~un. File ?~o.: S.C,P.D. File ?~o.: SD-74-11 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above captioned application which has been re- ferred to the Suffolk County Planning Commission is considered to be a ~atter for local determination. ~ae decision of local deter- mination should not be construed as either an approval or a disapproval. Co~ents: Sub~ect to compliance with conditions set forth by the Board of Appeals. Compliance with condition #6 would however appear to pre- clude the establishment of the contemplated use as it is within 300 ft. of a residence district. (See Article VII~ Section 100-70B(4)(F)) Respectfully yours, Lee ~. Koppelman Director of PlanninF b~ 4 TOW~ OF SC~THO~D~ ZO~IF~ BOARD OP APF/r~ ~e.po~de~s PL~AS~ TAK~ ~OTXCE that the above ~d ~titi~e~e ~by a~ml to ~ Ap~l~te Te~ of ~e ~ Co~ of t~ Sta~ of New Yo~k, ~eoo~ ~m~ ~ ~e aot~ou take~ on ~e ~f~oueed b So,toe of ~utal of Rehea~tng, en~e~ ~n t~ off toe ~f ~e To~ Cle~, Sou~hold, Me~ ~oPk, on o~ ab~t A~t ~, l~, amd DAT~D~ ~ew Suff~l~, ~ew Septembe~ .~j~., 197~. TOt Town Ole~mko 2outhold Town ~le~k ~eoo~le) ~up~emo Cou~t cOeutep AttoPuoF fe~. Offioe & P.O. Box ~ew ~affolk~ New Yo~k 11956 732-5870 ~ Addre~ ,,~ pi-gl,se To ~ T~wn ,Cler~ SUPREME CO'OqiT OF THE, STATE OF ~E~ YORK COUI~TY OF SUFFOLK TO~i4 OX' SOUTHOLD BOARD OF ZONING APPEALS IN T~ MATTER OF TIlE APPLICATION OF HABVE¥ BAGSHA¥,, ARTICLE 78 PRO~-~ED~NG Responde~gs 74-1429~ ~r£1CE uET IT I Sirs: · ' ..... OTICE that upon the aunexed i)eti~ion of Ruth PLEASE TAKE ~, ..... · ...... ~ .... ~h da~, o~ 1974, the annexed affidavit of Aadruu' E. Goodale, sworn to on o 1 r d o tion ~ill bo ~de to a Special Term, Par~ I o this court to held at the Courtho~e ~hereo~", located at Grilling Avenuo~ head, No~ York ca tho ~ day oi J~a~ry 1975 ~ 10:~)9 o'oloch tho Xoronoo~ of t~ ~Y or ~s soon thereafter ~ oounsOl can heard, for a Judgo~n~ gran~in~ the relief prayed lot in th~ ~ioa, mad for such o~her aud further relief as ~y bo just. and equitable · P~E TA~ F~T~ N~I~, that an auswor and davits, if any shall be served at least iive d~ys bo~oro the days bo~oro such time. ~sis el venue is that real property, tho s~bject o~ ~his ~s located on North side, ~ia Road, Rte. 25, ~ure! School ~ 11, ~ttituck Poet Of[ice, New York. Da~ed: December _~, i974 To' Town Clerk Southold Town Board el Zoning Appeuls ~outhol,l, New Harvey Bagsha% Deep tlole Drive Mattituck, New ¥~r~ Clerk, Supreme Court COUI~rY OF SU~I~OLK RUTH C. GOODALE AND ANDR~ E. GOODALE - Pro-Se Petitio~ers 74-1429) -against- TOmB OF sOUTIIOLD BOARD OF ZOI~ING APPEALS I1~ THE I~ATTER OF TIIK APPLICATIOi~ OF HARVEY BAGsHA%~, ARTIGLF. 7~ PROCEEDING ?ETITIOi{ To the Supreme Court of the Sta~o o~ New York: The petition of Ruth C. Goodale and Andre%~ E. Goodale ~or petition in this proceeding under ai~d pursua~ to Article 7J Civil Practice Law a~d Rules~, to revio~ the determin~im~ o respondents herein, consti~uting th~ Board of Appeals Tow~ Southold, Suifolk County: State o£ New York, on applicati, oa H~rvey Bagsha~, respectfully sho~s: 1. Petitioners are and at ~11 times hereinafter meaCio,ed omnors and occupants of certain real property described h~r~in located oR Main Road, ~te. 25, Laurel School District ~ 11 tuck Post Office. New Yo~k. 2. Respondents, Messrs. Robert Gtlles~le Jr., Chair~u ~rgen, ~ed E. Hulse Jr.~ C~rlus Grigonts Jr., ~ud Serge Jr., at all Z~mes hereinafter mentioued, were and now ~r~ members Of and constitute the Zoni~ Board o~ Ap~als of the To~n of Soush- old, thereto appointed by the Town ~ard of Southold Town. As used lB ~his po~ition, tho Town "Board" moa~ and is int~dod to lin said Zonia ~ard oi~ Appeals o2: Southold Town- composed. ~he res~o~lve tim~s heroin meutioa~d, as aforesaid. 3. Petitioners are aggrieved by a certain deaision o/ the ~ard ~de on or about Au~st 1, 1~74. and filed iu the o lice the Town Clerk, 8o~thold Town, and which declslo~ by the Boaru pur- ports to ~ive the applicant, ~rvey Bagshaw a s~ctal exception accor~nce with the Zoul~ Ordinance aticl~ VII, S~ction subsection B (4) and Bulk Schedule for ~r~is~lon to build and o~rate an automobile bsdy ~epatr shop with reduced sid~ [~lrds rom 5~ to 49 !'eot in order to acco~Odate a proposed cae story strac%~e 6) feet by 6, feet tO b~ located on ~nd adjoining that o_ 4. That the real property o~aed by petitioners has boe~ is . being and will be permanently injured and damaged by the slid p~r- mit to use said 60 ~:eet aleut the Main 2cad in a zoned Gener;~! Busiuess O!strict ~ 1 for an automobile body shop and ~,hich has been mad~ available to the said Harvey Bagsha~ on the s:~id plot land. 5. Upon information and belief tho said property .or whi:;h the application [or a variance was made consists of v.~¢;~nt level land closely in zorm to a paralellogram o; 100 feet lront~gs aad 186 feet in depth situated on the North side of M~in Eo~d School District ~ 11 Mattituck Pos~ 0 lice bounded o~l the Norlh a~d ~est by James O'Connell~ East by Goodale and South hy M;~in a~d sa~d land. is .?urther believed to be o~ned by one Russell O Tuthili and not bF the applicant. That on or about April 9~ iDS? the Town Do~rd o Town adopt~ed a Zoning Ordinance and which as amended provides Article I, Section 100-10, Purposes through Section 1OO-11S conformi~g uses~ Article XII Board of Appeals ;rticl6 XIII Site Plan approval. 6. That on or about August 1 1974 a:ter a hearil~g held, the said Harvey Bagshaw appeared in support of said application ~ud upon which hearing your petitioners by their representativ9 another property owner appeared and objected, The Board made decision purporting to grant tho said application 0 tl~rvey and in so doing made and signed the report and decision ~ topi which is hereto annexed and marked "Exhibit A'. 7. That the granting o~ said per~ission ta use ~';O feet o the applicants property which h~s bean soaed General Business B t or an Automobile Body Repair Shop ~as not ~arranted by the zaccs illegal, unjUSt, capricious unauthorized ~nd contr:~ry ~o the visions of the ~enir~ Ordinance o3" Southold To~n ~s her=ia ~(' set forth, said To~n being in the State of Ne~ York a,~ viol~ve of the la~s o~ the State of Ne~ York and not in harmen7 ~i~h general purpose mud interest thereof and does ~et serve %he public safety, health and general ~el~'are and was and %s a viol~tion abuse of any discretion vested in ~he Board and the Bo~ dtJ ,o have any right power or authority ro grant said permission variance. 8. Said decision and/or variance granted as a~oresaid by ch-~ Board is wholly illegal arbitrary capricious and ~hjusc ~ ,d h~ Tollowin~ are the $1~eiiic~tiOn~ and grounds ~here~' a. The huaring upon which the de¢isloa w~s m::de did not provide the p~rti~s a'~d/or owners o., ~joinin~ l~d notice by ae~paper publica~ion alone since the ur~her ~ailing prescri~d by New York Stato Town ~ Section 267 subdivisioa was omitt~dl that a request to rehear same pursuant to subdivisioa 6 was denied. b. T~t Southold To~u Zonl~ O~din~uce A;~cicle Section 1~-7~ Subsection B (4) (0 spect ic,:~!ly precludes .eet of a ny residence district. c. Tha~ the Zonin~ ~p o Southold Town as :~d and amended sets ~orth a '~:esidence District" to the Sou~h ~.~:d directly acrcms ~i~ Ro~d .rom ~he subJecX property as it is re~orred to by the Board in its decision in "~hibi~ ~' ~t 8. d. T~ by dofinitloll unde~ the Zo:ll,t~ to be given by tho Board cannot bo fairly construed ~o the opera'gioa o an A~gomobile ~topai~ or "Body Shop" th:~ su~,h quire in-lustriml ap~lic~ion to steel chassis restouatioa. omission of noxious f~es and s~orage o wrecked automobiles ~rary to :ho PUBLIC. G~GE definition ~hac ~y r~rmit such v~ri~n~e and/or Special ~:oeption. e That such "Body Shop" operations con cfm moro cle,~rl~ to ~es under Article VIII C Light Industrial District 1~0-80 B (1) 'Ind.:rift Uses: including m.~nufaczuritlg ~ndlin$ or s~ora~e o~ p~,odu~s or mm~eri~ls ia%,olviaC the use only o oil. g&s or ol~c~rici~y or ~uel" ~. T~t the B~rd in i~s decision ~s sho~ in "Ezh!bi~ A" at l~gO 1: Item 2 ~s set forth a requirement tha~ "dis~ ~ntled automobiles s~ll be lo~ated within a buildin[~" :h,t requira~t~t ii violated by parkin~ same outside has no able remedy~ t~t is is in urther con~lict with tho Zoaia$ O~dl~ exists xor a nonoo~forming ~o subject to oacitg ann scr~eni~ requi~omeu'~s ~mdated or J~K-YARDS. 9. That 12: days ~ve not elapsed since ~he dt~cision o~ Lhe Boa~d w~S filed A~t 22 1374 ia :h~ o~ ice of th~ Town C!ork 8outhold To~n~ Southold, N~w York. No previous applic~ion or t~e relio~ herein sought ~s been made hereto ore to any Court or Judge ZOniu~ ~ard o~ App~l~ o Southold To~n Ne~. ~ol-k bo and that the Board of Appeals a.['oresaid be directed to further, t~t said Board o~ Appeals ~ directed to den.~ (he s~id applioation and any subsequent thereto ~nding the he:~riug and det~rmin~tion of' this case~ and ~or suuh o~her fun'thor relio,/ as to this court m~y seem just ~nd proper. ~ ~8- 50~0 RUTH C. GOODALE AND ANDREF, ~. ~DA~ Pro-Sc P~tJ. tio~ers -against- ~LN 0~' 80~'~'IIOLD ~ARD OF ZO2, I~,;G APPEAL~ i~; ~{E ~'i~E~ Of Tt~ APPLICATION O.F ~RVKY ~GS~%¥ A~TICLE 7~ ~iOCE~DING 74 !42 ,O Aadraw E Good~le. a.u attorn,:~y duly li~:ensed in ~h~ S~ate o N~ York, a;'fi~.l~:s '~he fol]owia~ to be -~o -ch3 pre ~Isioas o ~...l~l 210~ undcl- penalty el that o2 his ~;,ife .Ruth C. Cood,%l~, 2e~:[;io~e~s prc~-s~ in ~rtait~inj the construction o'f ,~a auto body repair shod on adjoining the case. YOU'. deponent has qu:ili.lc.~tioas el ~duJ.tt~o~ x M ~;ae:' from 19~ go l~ti8 was ~he Li~sol~ O~l'icor Li~ucen.~a~ C;Kty o N~w ~ork Polic~ ~par~meat aS to all pLm~i~Ag ~nd bui~di:~ .*r,~h~- inn and ~onstructioa progr~n~. Yom. deponent pu~chaseg ~he oYued property i~ I 70 iici ~uily anliliar w~th the local neighborhood an3 Zhe ~ompatible with its primarily.., .. suburban .lnd residential ch he holds a New York ~t,t~e r~al ~S~ate broker licens~ inated a then pre-zoni~lg and no:mm,' ermine us.3 thereby up Since th~ hamlet 03 L,~urel is the gate?ay On ~oute 2~ Road ~o2 ~i~J.~ors to ~nd residents of Southo!d To'n it appear to your deponent that the basic criteri;~ or orderly ch in this ~u~m~ng residential hud !ix~t business .,re~ ought no~ b~ altered by th~ in~roduction of an auto body repair shop on thoro-~are. W~ERE~VORE, in view of all tho proo~.'~dur::~.l substuutive equitable reasoms s~t ?crib herein it is respect ulty th2~t the l-cli~f sought herein be gr.~nte~ and such ~tod: M:%t'~ituck New York December 1J, 1 J, 74 I~WN OF $OUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION -- ZONING BOARD OF APPEALS, SOUTHOLD, N. Y, Name ~ ,' " ~:attituck -- : Municipality State · hereby ap~ly t~ THE ZONING BOARD OF APPEALS for a SPECI.M. EXCEPTION in accordancv ZONING ORDINANCE ARTICLE V'~ Y SECTION ~ 00-~0 s~s~c~o~ ~ (~) "~ ' '-.~:-[.. I propose to build an,.] o~:, ~.r.~e s body ,:,]~[60ft on said lot, ?~.~- The building will have all requSrod facilities and .'~arkzng for emoloyees and patrons automobiles ,,,;,...l..~ .... ~,,,:,~ Health 'De_ar ' ~oz'~..~t" "- -: THE SPECIAL EXCEPTION I~ REQI/ESTED BECAUSI,: : I tlav~ ourchased a bustn..~ ;~ol, lot.(B"~ zone) on N/S ,..aln' ' lload~ Laurel school district ~ 11, ..~"-*~..t_' 'uck shop etc. cesspools are Town Board of -.' ?~. i.~/~ ~ / .,~'~t ho ld Appeals -6- August 1, 1974 ~ " : ~The Board finds that the Public convenience and ~'and justice wall be served and the legally establ~-- . permitted use of neighborhood property and adjoij~g use ' distr..icts will not be permanently or substantj~/ly injured '~',' a~'d ~he spirit of the Ordinance wil.I be ob~zed.~ On motion by Mr. Grigonls, seco~ by M:. Gillispie. '" it ~was .~ . ~'T'RESOLVED, Alfred J. c Al's Liquor~, Griffin St] 3et, ' Cutchogue, New York b? G/R~NTED permission to 3rln~ present .sign up to the Town ~i~e on the north side of Main Road, ., · Cutchogue, New Yo/~k~ as applied for, subject ~o the following ' condition: .That/~ portion of this sign shall overhang any p~er ty line. . ~Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, ~ ='~"-" PUBLIC HEARING: Appeal No. 1933 - 8{2~ P.M. (E.D.S.T.) j upoD application of Harvey Bagshaw, Deep Hole Drive,,MattitucK, New York for a special exception in accordance with the Zoning ~: Ordinance, Article VII, Section 100-70, Subsection B (4) and ~ '~ Bulk.'Schedule for permission to build and operate an automobi.le body repair shop with reduced side yard. Location of propt!r[y: ' i!.i~N/S Main Road, Laurel School District #11, Mattituck Post · ,]' .Offiqe, bounded on the no. rth by James O'Connell; east by A ,'~ G6odale & Wi; south by Main Road (Route 25); west by J. O'Connell. · . · ',~.~ t~ee .paid $15'.00. ' opene'd the' hearing by reading the applica- ~ .,. or a special exception, legal notice o~ hearing, affidavits · '~ ~&~te~ting to its publication ~n the official newspape~rs, and ~"no~ice~to the applicant. CHAIRMAN: The application is accompanied by a bl.~eprint g/a' 60' x 60"building to be built 'Ch the lot. CHAIRMAN: Is there anyone ~s appl ~.cat~.on? present who wishes td' ~eak So%/thold~Town Board of Appeals -7- Au~ust 1, 1974 ,--MR. HARVEY BAGSHAW: Basically, it's the only piece of pr6~rty that is available as it's bounded by industrial ,property on the north and wes= and business property to the east.' I do not think there would be any trouble with running a body shop there as there won't be any automobiles in the front or,the sides except for parking. Wrecks will be Stored in the rear of the building or in the building. There are no garage doors on the front. The only way you could tell it is a body shop is by a sign. It will look more like a restaurant. MR. ROBERT BERGEN: There will be one side door. MR. BAGS~LAW} On the ease side. We would take wrecks · ,,~ln'through the rear door. THE CHAIRMAN: Under our Zoning Ordinance, this would be in Article VII B.1 General Business District. This ~ypc of, use is permitted by Special Exception by the Board of Appeals. ~However, the Board of Appeals mus~ check on some factors in the area which might work against this type of activity. For instance, whether it is close to a church or school. This is not true, ~n this case. (The Chairman :~'~.~re~d from the Ordinance the requirements for maintaining a body shop). Are you familiar with these restrictions? .','i . ~ MR. BAGSHAW: No, but I was told by the Building Depar~- ,~'-. ?~t~'that they did not see any difficulty. -THE CHAIRMAN: This type of Special Exception requires sit~.plan approval of the Planning Board. '~MR. BAGSHAW: The only thing I can say is that the front ~ill be landscaped and the only way you could tell it Ks an shop is by the sign in front. It's colonial style, l~oncrete.. ':-,'THE CHAIRMAN:, Is there anyone else presen= who wishes ~P%ak for~thls application? (Ther~ was~no response). ' ' cHAIRMAN: Is there anyone present who wishes to against this application? ,Southold Town Board of Appeals -8- August 1, 1974 MR. ROBERT GOODALE: I am speaking for A. Goodale and Wife. ,,'I believe it is non-conforming use. There will be a great deal ,.of noise from the body straightening equlpmen=. I don't believe there is any guarantee that wrecks won't be parked in fron~ . I believe it would be an eyesore from any standpoint. It .s ~' ~quite close to my father's lot on the east side. THE CHAIRMAN: That's Business use. MR. GOODALE: He's an electrical contrac=or. THE CHAIRMAN: 'To the north there is industrial use and across the street there is a gas station, and to the west is ,Fogarty Appliance Service, so, the nearest Residential is to the south. Where does "B" zone end? MR. GOODALE: To the eas[ of my father's lot. THE CHAIRbiAN: Does anyone else wish to speak against thi~' application? ' MR. PETE WARREN: The only thing that I would say is that "'I would like a guarantee that these wrecks will be kept in the -v ' back if the Zoning Board sees fit =o approve this application. I-was before the Zoning Board when the Newell application was heard. He asked for a ~emporary permit and he has wrecks parked out in front of his house again on Main Road, by Mattituck Auto Parts. He had to get special permission from Li~dsay. He was required to keep all cars in the back. I ,do~,'t know who enforces these things. ! guess they can't ,keep up w~th ,them. The .Town ~s growing. Nobody seems to care if they put wrecks out front. THE CHAI~/~AN: Has he got wrecks out front now? .... . MR. WARREN: Yes, he has. I have property across the ,,~ ~St~et from Mr. Bagshaw. There are residential people in the !area., I, personally, try to keep my place so that there ~s ,~th~least 'amount of noise. A body shop works all types of .~]~ours, night hours. There will be a lot of noise there. ~-.~IR. BAGSHAW: I believe working eight hours in the daf'time "~ '- THE CHAIRMAN: MR. BAGS}ha, W: How many employees will you have?' Four. · Southold Town Board of Appeals -9- August 1, 1974 THE CHAIRMAN: Will you have a hydraulic press? MR. BAGSHAW: No. THE CHAIRM~N: You are nou going uo stamp anythin9 o%,, ? MR. BAGSHAW': No. from THE CHAIRMAN: the Main Road? You are proposing to screen the opera~ Lon MR. BAGSHAW: There will be a parking area in front, designated by the Town, on our own property. THE CHAIRMAN: On which side will you have your driv¢~ay? MR. BAGSHAW: I want it on the east side. It would straight back to the rear of the parking area. ' THE CHAIRMAN: I don't think it makes much difference which side you have it on. One side yard Ks supposed to be 25 feet for 150 foo= width. This would have to be reduced. Ordinarily, a 60 foot building on 100 feet would require 25' feet on one side and 15 feeu on the other side. You would have 40 feet left. You are better off with more room on one .side rather than centering it. How about noise? MR. BAGSHAW: I don't think there would be much noise.. ~ We would be inside a concrete block building, 10 inch block. i don't think the noise would escape anywhere. The ceilinj is insulated. ~. (There was no response.) .~L,-THE CHAIRMAN: I am inclined s~ems to be a'good place for this n6t want to see any wrecks in the THE CHAIRMAN: Are there any other questions? to favor this location. It type of operation. I would front yard or side yards. MR. BA GSHAW: I don't want to see them there either. M~. FRED HULSE: He would not have to put up much fencing screen things that are put behind the building.. I' I * :MR, BAGSHAW::~ I'm goiqg to try to get another p~ece o[ l ~!pr~perty on the west side. · .~ . .... CHAIRMAN: You will have to furnish ~ plot plan fcr planning Board They 'will ha~ to see the location of t~'building on th~ property. Have you ~ugh't the property iouthold Town Board of Appeals -10- August 1, 1974 MR. BAGSHAW: THE CHAIRMAN: MR. GOODALE: No. Are there any other questions? Concerning hydraulic ]acks for straight~'nlng, most body shops have this tool. THE CHAIRMAN: Do you proDose to have a frame ssralght 3ncr? MR. BAGSHAW: No. ~ (There was a further discussion of the merits of fencing in part of the property). After investigation and inspection the Board finds that applicant requests permission to build and operate an automobile body repair shop with reduced side yard on the north side of Main Road, Laurel School District #11, Mattituck Post Office. The findings of the Board are that this is a favorable location -._,for this type o~ operation as it is bounded by industrial pr_operty on the north and west and business property to thc 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 ~nd ,.]ustice 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. On motion by Mr. Bergen, seconded by Mr. Hulse, it was ~'.~ .'~" RESOLVED, Harvey Bagshaw, Deep Hole Drive, Mattituck, New. York, be GRANTED perm~Sslon to build and operate an automobile body repair shop with reduced side yard on the north side of Main Road, Laurel school District #11, Mattituck Post office, as applied for, subject to the following conditions: ...... exit driveways shall have an unrestricted . .o ..... width of not less than 12 feet and not more than 30 feet and' shall be located not less than 10 feet f~om any property line, and shall be so laid out as co avoid .."'h .' the necessity of any vehicle backing out across any ~ ~ public .right of way. ~,.2."~- Vehicle lifts or pits, dismantled~automobiles and all parts or supplies shall Be lo6ated within a building. ,SoUthold Town Board of Appeals -11- August 1, 1974 .>3. Ail service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline and oil, shall be conducted in a building. The storage of gasoline or flammable oils in bulk shall be located fully underground and not le~.s than 35'feet from any property line oti]er 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. No motor vehicle sales, used car lots, gasoline service or repair shops or similar businesses are to be located within three hundred (300) feet of a church, ~ublic school, library, hospital, orphanage or.a rest home nor within 300 feet of any residence district. 7. The building shall be located no closer than 35 feet to the front property line on Main Road. -8. The building shall be located no closer than 25 feet -~ · - to the easterly side line. 9. The building shall be located no closer than 10 feet to the westerly side line. 10. This approval of the Board of Appeals shall be subject co site plan approval of the Planning Board. Vote of the Board: Ayes:- Messrs: Gillisp!e, Bergen, ' Hulse, Grigonis. Stdte of New,York. ,~: ~lffoIk County Office of the Clerk of the 'T°wn of Sou[hold - ~' (Seal) SS: This is to certify that I, Albert W. Richmond, Town Clerk of the Town of Southold in the said Count,.of Suffolk, hove cc~mpared the foregoing copy of Board of Appeals z4inutes - August 1, 1974 with the o_riginal now on file in this office, and that the same is a correct Ru~g~s~[~`~]-~4~T~j~3~a~cJ~e~s~h~r~c-[~h~ and the whole thereof. Ir~ Witness Whereof, I have hereunto s~t my hand and affixed the seal of soMTb?n this ......... '.;~.;~.~.~. ............. day of~e~.ugust.,-XTL'3 19 74 Town C. lerk of the Town of' Southol~ Coun~'y of Suffol~ N.Y. - $outhoid Town Board of Appeals SouTHOLD, L. I., N. Y. ~19'7! Telephone 765-~660 August 23, 1974 Mr. Andrew E. Goodale 4th Street New Suffolk, N. Y. 11946 Dear Mr. Goodale: Re: Action #1933 ~ August 1 Harvey Bagshaw The Board and Counsel considered your request for .a rehearing on Action No. 1933 of August 1, 1974, on .application of Harvey Bagshaw, and rejected the suggestion to hold a rehearing. The Board feels that Action No. 1933 will not substantially alter the character of the neighborhood, and that a fair public hearing was held. RWG :mm Yours very truly, ~obert W. G~ll±spie~ Jr. Cha£rma n C) Southold Town Board of Appeals -6- August 1, 1974 The Board finds that the public convenience are and ~tice will be served and the legally estab] or use of neighborhood property and ad g use districts .1 not be permanently or subst y injured and the s~ )f the Ordinance will 'ed. On motion by Grigonis, nded by Mr. Gillispie, it was RESOLVED, Alfred ~/c Al's Liquors, Griffin Street, Cutchogue, New York ~rmission to bring present sign up to the line on the no~ side of Main Road, ~~ ~ , as applied for,~ject t~ o the following .. ~hat no portion of this sign shall overh~any property line. Vote of the Board: Ayes:- Messrs: Giilispie, BetOn, Grigonis. PUBLIC HEARING: Appeal No. 1933 - 8:25 P.Mi (E.D.S.T.) upon application of Harvey Bagshaw, Deep Hole Drive, Mattituck, New York for a special exception in accordance with the Zoning Ordinance, Article VII, Section 100-70, Subsection B (4) and Bulk Schedule for permission to build and operate an automobile body repair shop with reduced side yard. Location of property: N/S Main Road, Laurel School District #11, Mattituck Post Office, bounded on the north by James O'Connell; east by A. Goodale & Wf; south by Main Road (Route 25); west by J. O'Connell. ~ee paid $15.00. The Chairman opened the hearing by reading the applica- tion for a special exception, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: The application is accompanied by a blueprint indicating a 60' x 60' building to be built on the lot. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? Southold Town Board of Appeals -7- August 1, 1974 MR. HARVEY BAGSHAW: Basically, it's the only piece of property that is available as it's bounded by industrial property on the north and west and business property to the east. I do not think there would be any trouble with running a body shop there as there won't be any automobiles in the front.or the sides except for parking. Wrecks will be stored in the rear of the building or in the building. There are no garage doors on the front. The only way you could tell it is a body shop is by a sign. It will look more like a restaurant. MR. ROBERT BERGEN: There will be one side door. MR. BAGSHAW: On the east side. We would take wrecks in through the rear door. THE CHAIRMAN: Under our Zoning Ordinance, this would be in Article VII B.1 General Business District. This type of use is permitted by Special Exception by the Board of Appeals. However, the Board of Appeals must check on some factors in the area which might work against this type of activity. For instance, whether it is close to a church or school. This is not true, in this case. (The Chairman read from the Ordinance the requirements for maintaining a body shop). Are you familiar with these restrictions? ment MR. BAGSHAW: that they did THE CHAIRM~uN: site plan approval will auto body shop is all concrete. No, but I was told by the Building Depart- not see any difficulty. This type of Special Exception requires of the Planning Board. The only thing I can MR. BAGSHAW: be landscaped and the only way you by the sign in front. say is that the front could tell it is an It's colonial style, THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? (There was no response). THE CHAIRMAN: Is there anyone present who wishes to speak against this application? Southold Town Board of Appeals -8- August 1, 1974 MR. ROBERT GOODALE: I am speaking for A. Goodale and Wife. I believe it is non-conforming use. There will be a great deal of noise from the body straightening equipment. I don't believe there is any guarantee that wrecks won't be parked in front. I believe it would be an eyesore from any standpoint. It is quite close tQ my father's lot on the east side. THE CHAIRMAN: That's Business use. MR. GOODALE: He's an electrical contractor. THE CHAIRMAN: To the north there is industrial use and across the street there is a gas station, and to the west is Fogarty Appliance Service, so, the nearest Residential is to the south. Where does "B" zone end? MR. GOODALE: To the east of my father's lot. THE CHAIRMAN: Does.anyone else wish to speak against this application? MR. PETE WARREN: The only thing that I would say is that I would like a guarantee that these wrecks will-be kept in the back if the Zoning Board sees fit to approve this application. I was before the Zoning Board when the Newell application was heard. He asked for a temporary permit and he has wrecks parked out in front~of his house again on Main Road, by Mattituck Auto Parts. He had to get special permission from Lindsay. He was required to keep all cars in the back. I don't know who enforces these things. I guess they can't keep up with them. The Town is growing. Nobody seems to care if they put wrecks out front. THE CHAIRMAN: Has he got wrecks out front now? MR. WARREN: Yes, he has. I have property across the street from Mr. Bagshaw. There are residential people in the area. I, personally, try to keep my place so that there is the least amount of noise. A body shop works all types of hours, night hours. There will be a lot of noise there. MR. BAGSHAW: is enough. believe working eight hours in the daytime THE CHAIRMAN: How many employees will you have? MR. BAGSHAW: Four. Southold Town Board of Appeals -9- August 1, 1974 THE CHAIRMAN: Will you have a hydraulic press? MR. BAGSHAW: No. THE CHAIRMAN: You are not going to stamp anything out? MR. BAGSHAW: No. THE CHAIRMAN: You are proposing to screen the operation from the Main Road? MR. BAGSHAW: There will be a parking area in front, designated by the Town, on our own property. THE CHAIRMAN: On which side will you have your driveway? MR. BAGSHAW: I want it on the east side. straight back to the rear of the parking area. It would go THE CHAIRMAN: I don't think it makes much difference which side you have it on. One side yard is supposed to be 25 feet for 150 foot width. This would have to be reduced. Ordinarily, a 60 foot building on 100 feet would require 25 feet on one side and 15 feet on the other side.' You would have 40 feet left. You are better off with more room on one side rather than centering it. How about noise? MR. BAGSHAW: I don't think there would be much noise. We would be inside a concrete block building, 10 inah block. I don't think the noise would escape anywhere. The ceiling is insulated. THE CHAIRMAN: Are there any other questions? (There was no response.) THE CHAIRMAN: I am inclined to favor this location. It seems to be a good place for this type of operation. I would not want to see any wrecks in the front yard or side yards. MR. BA GSHAW: I don't want to see them there eithero MR. FRED HULSE: He would not have to put up much fencing to screen things that are put behind the building. MR. BAGSHAW: I'm going to try to get another piece of property on the west side. THE CHAIRMAN: You will have to furnish a plot plan for the Planning Board. They will have to see the location of the building on the property. Have you.bought the property yet? Southold Town Board of Appeals -10- August 1, 1974 MR. BAGSHAW: No. THE CHAIRMAN: Are there any other questions? MR. GOODALE: Concerning hydraulic jacks for straightening, most body shops have this tool. THE CHAIRMAN: Do you propose to have a frame str~ightener? MR. BAGSHAW: No. (There was a further discussion of the merits of fencing in part of the property). After investigation and inspection the Board find~ that applicant requests permission to build and operate an automobile body repair shop with reduced side yard on the north snde of Main Road, Laurel School District #11, Mattituck Post office. 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 t¢ the east, and across the street there is a gas station. Tie Board agrees with the reasoning of the applicant.. The Board finds that the public convenience and welfare and justice will be serve~ and the legally ~stablished 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. On motion by Mr. Bergen, seconded by Mr. Hulse, it was RESOLVED, Harvey Bagshaw, Deep Hole Drive, Mattituck, New York, be GRANTED permission to build and operate an automobile body repair shop with reduced side yard on the north side of Main Road, Laurel School District #11, Mattituck Post Office, 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 public right of way. 2. Vehicle lifts or pits, dismantled automobiles and all parts or supplies shall be located within a building. Southold Town Board of Appeals -11- August 1, 1974 Ail service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline and oil, shall be conducted in a building. The storage of gasoline or flammable oils in bulk shall be located fully underground and not l(~ss 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. No motor vehicle sales, used car lots, gasolane service or repair shops or similar businesses are to be located within three hundred (300) feet of a church, public school, library, hospital, orphanage or a rest home nor within 300 feet of any residence district. 7. The building shall be located no closer than 35 feet to the front property line on Main Road. 8. The building shall be located no closer than 25 feet to the easterly side line. 9. The buildin~ shall be located no closer than 10 feet to the westerly side line. 10. This approval of the Board of Appeals shall be subject to site plan approval of the Planning Board. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. ~: Appeal No. 1935 - 8:40 .P~ upon application o~struction Cor~~W. Barry Everett, 6 Shipman Lane~ariance in accordance ~rdinance~_~-~rt~cle~n 100-12 & Article III~ use lo~'~with a~d]~ted property~~rty..Map of Nassau--'Point, L s. 421 and 422, Nassau Point, Cutchogue, New York. Fee paid $15.00. Sir:.- ~ ta~e nOti~ tlmt the withia i~ a (¢~tifi~d) duly entered ia th~ office of the clerk of the within n~,,-~d court on 19 Attorney ]or O~yic~ and Post O~flce Address Index No. Year x97~. SUP~I[ME COURT, STATE OF NE~'J YORK SUFFOLK CCUNTY, APPELLATE TWI~M MARTY T~IEN, AE~IETTE TEKIEN, ANTHONY KANDER, SOPHIE EANDER, MILDRED LAURENGEIGER & RUTH C . GOODAr~. Petitioners -against- TOW~T OF SOUTHOLD; ZONING BOARD OF APPEALS To Respondents Attorney for Sir:~Please rake notice that an order Re: Application No. 1933 Harvey Bagshaw NOTICE OF APPEAL under C.P.L.R. Article 78 Proceedings of which ~he within i~ a true copy wilt be pre~ented for aet~lement to the Hon. one of the judges of the within -~med Court, at u tbe day of Dated, 19 Attorney for Offic~ and Post Oyf/ce Address ANDREW E. G00DALE Attorney tot Petitioners Ollice and Post Office Address, Tdephone l~th Street - P.0. Box 146 New Suffolk, New York 11956 73~-5870 ro Albe~t W. Richmond Clerk ~m~mmmx~Town of Southold, Service of a copy of the withiaNOTIOE OF APPEAL / __ Attorney for LONG ISLAND TRAVELER - MA'R'ITUCK WATCHMAN THURSDAY, JULY 25, 1974 Notices NOTICE OF HEARINGS Pursuant to ~cction 267 of the Town Law and the: pro~;i~ions of thc Amended Building Zone Or- dinance of the Town of Southold, Suffolk County, New York, public hearings will bc held by thc Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, - Southold, New York, on August 1, 1974 on thc following appeals: 7:40 P.M.(E.D.S.T.) upon ap- plication of Richter Home Im- provement Co. a/c Diana Ten- dior, Otb Street, Greenport, New York, Map No.986-6, Lot No. 3, for a variance in accordance with thc Zoning Ordinance, Article II1, Section 100-30 C for permission to locate accessory buildingin legal front yard. Location of Property: Lot No. 3, Map No. 986-6, end of 9th Street, Gfeenport, New York, bounded on the north by Pipes Cove Corp.; east by B. Freeman; south by Peconic Bay (Pipes Cove); west by J. Caroff. 7:55 P.M. (E.D.S.T.) upon ap- plication of Catherine W. Drgke, 424 R' Heritage Village, South- bury, Connecticut for a variance' in accordance with the Zoning Ordinance, Article 111, Section 100-30 (C) and 100-32 iA) for permission to erect accessory structure (TV antenna) over 18 fcct high. Location of property: Lot No. 16, Map of Fairway Farms. 3050 Fairway Drive, Cut- chogue, New Yorl;. 8:10 P.M. (E.D.S.T.) upon ap- plication of Alfred J. Terp a/c Al's Liquors, Griffin Street, Cut- chogue, New York for a special exception in accordance with the Zoning Ordinance, Article VI, Section 100-60 C (3) (a) for per- mission to bring present sign up to thc Town linc. Location of property: N/S Main Road. Cut- ','~f¢llogue. New York. bounded ~nOrth by C. Schneider; cast by A. ~[. Tcrp?south by Mare Road; 8:25 P.M. (E.D.S.T.) upon ap- plicatiou of Harvey Bagshawl, Deep Hole Drive. Mattituck. New York for a special exception in accordance with the Zoning Or- dinance, Article VII, Section 100-70. Subsection B (4) and Bulk Schedule for permission to build and operate an automobile body repair shop with reduced skit yard. Location of property: N/S Main Road, Laurel school district #11. Mattituck Post Of- fice. bounded on thc north by James O'Connell; east by A. Goodalc & wf; south by Main Road iRoute, 25); west by J. O'Connell. 8:40 P.M. (E.D.S.I.) upon ap- plicalinn of MST Constructim~ Corp. a/c W. Barry Everett, 6 Shipman Lauc, Stolly Brook, N.Y. Ibc zonhlg Ordinance. Article I. Scclion 100-12 & Article I11. Sec- tion 100-30 for pcrmissinn to usc 1ol v. ilh adjusted property line. kocalion of p!'opcrly: Map of Nassau Point, Lei Nos. 421 and 422, Nassau Pnint, Ctflchoguc, New :York. Any person desiring to bc heard on tile above appeals should apt)car at thc tinlc and place above spcciticd. Dated: July 18,1974 BY ORDER OF THE soUTHOLD FOWN BOAkD OF APPEALS COUNTY OF SUFFOLK Property Tax Service Agency