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Home My WebLink About1963Appeal No. 19/53 TO~VN OF SOUTHOLD, NEW YOR,K DATE Dec;-"5'~- 1974 ACTION OF THE ZO~G BOARD OF APPEAL~ublic Hearing:il/14/74 decision postponed to Dated October 24, 1974 12/5/74. ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Harvey Bagshaw Deephole Drive Mattituck, N. Y. Appellant at a meeting of the Zoning Board of Appeals on December 5, 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 variance to the Zoning Ordinance ( ) 1974 the appeal 1. SPECIAL EXCEPTION. Byresointion ~ the Boardit was d~ermined th~ a ~ecial exception ( ) be craned ( ) ~ denied p~suant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be ~nfirmedbeca~e 7:30 P.M. (E.S.T.) upon application of Harvey Bagshaw, Deephole Drive, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 B (4) and Bulk Schedule for permission to construct Body Shop on property with insufficient side line. Location of property: N/S Main Road, Laurel (Dist 11), New York, bounded on the north by J. O'Connell; east by A. Goodale; south by Main Road; 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 or SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by aH 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. SEE REVERSE FORM ZB4 APPROVED McDermott, Secretary t;na,rman uoem--ol' .o. ppea,--y - After investigation and inspection the Board finds that applicant requests permission to construct Body Shop on property with insufficient sidelines located on the north side of Main Road, (Laurel Dist. ~11), New York. The findings of the Board are that this is a self-imposed hardship. Applicant states that he wants to impose a 60' x 60' building on this site. The Board in a previous application has granted diminution of sideyards. The request in this application would further diminish the sideyards. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hard- ship; the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will change the character of the neighborhood, and will not observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, Harvey Bagshaw, Deephole Drive, Mattituck, New York, be DENIED permission to construct Body Shop on property with insufficient sidelines, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. November 7, 1974 LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, 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, Seuthold, New York, on November 14, 1974, on the following a~peals: I 7:30 P.M. ~E.D.S.T.) upon application of Harvey Bagshaw, Deep Hole Drive, Mattituck, New York for a variance in ac- cordance with the Zoning Or- dinance, Article VII, Section 100- 70 B (4) and Bulk Schedule for permission to construct Body Shop on property with in- sufficient side line. Location of property: N-S Main Road, Laurel (Dist. 11), New York, bounded on the north by J. O'Coanell; east by A. Goodale; south by Main Road; west by J. O'Connell. 7:45 P.M. (E.D.S.T.) upon application of Thomas A. Duffey, T.A.D. Auto Sales, Main Road, Cutchnguc, New York for a special exception in aceardanco with the Zoning Ordinance, Article VII, Section 100-70 B.4 for permission to conduct a used car sales business, and a special exception to erect a second sign. Location of property: Main Road, Cutcbegus, New York, bounded on the north by Main Road; on the east by Marratocka Lane; on the south by J. Bco~ks & R. Polhemus; on the west by Sunset Avenue. 7:55 P.M. (E.D.S.T.) upon apelicatinn of Steven Born, Leeward Drive, Southold, New York for a variance in ac- cordance with the Zonin~ Or- dinance, Article HI, Section 100- 34 and 100-35 for permission to install decurative entranco wall with lighting in front yard area of lots on new Private Road. Location of property: Oregon View Estates, Cutohnguc, New York, bounded on the north by land of applicant; east by land of applicant; south by Middle Road (CR 27); west by land of ap- plicant. 8:10 P.M. (E.D.S.T.) upon application of Robert L. Hyatt a-c Joseph Cornacchia, Skunk Lane (Bay Avenue), Cutchogna, New York for a variance in ac- cordance with the Zoning Or- dinance, Article HI, Section 100- 30 C (3) and 100-32 C for per- mission in construct accessory building (private garage) in front yard area. Location of property: N-S Skunk Lane (Bay Avenue) at Peconic Bay, Cutchogue, New York, beandod on the north by Joseph Cornacchin, Jr., east by Pononi~ Boy; south by Skunk Lane (Bay Ave.); west by Joseph Cornaonhia, Jr. 8:25 P.M. (E.D.S.T.) upon application of Waiter G. Kapp, Esq. a-c LoUise O. Day, 360 West 22~.d Street, New York City, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 & Bulk Schedule for permission to set off lot and buildings with insufficient area and width. Location of property: W-S Pecouic Lane -- N-S Long Island Railroad, Pecoaic, New York, bounded on the north by other land of applicant; east by Peconic Lane, south by A. Blaschack & Long Island Railroad; west by other land of applicant. 8:40 P.M. (E.D.S.T.) upon application of Cynthia Kaminsky, Weadcliff Drive, RFD 1, Box 153, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article VII, Section 10071 and Bulk Schedule for permission to construct building on pren~ with in- sufficient setbacks. -,ocation of property: Mill Road, Mattituck, New York, bounded on the north by Mill Road; t by M. Phillips; south b~, .. Phillips; west by Mattituck Creek (Inlet). 8:50 P.M. (E.D.S.T.) upon application of Craig A. Richter a- c Nickalas Casamisina, 10 Island View,Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk and Parking Schedule for permission to construct addition to existing dwelling resulting in reduction in side yard. Location of property: 10 Island View Lane, Greenport, New York, bounded on the north by G. Zoleuski; east by Creek (Fanning Point); south by C. Krepp; west by R.O.W. Ext. of Island View Lane. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: October 31, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS COUNTY OF SUFFOLK. STA~rr~ OF NEW YORK, ~ ss: J ............ .S.~.ua..r.t;...C,; ~D~....r~a..~. ...... being duly Sworn, says that . h.e. ... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said countw and that the notice, of which the annexed is u printed copy, has been published in the said Suffolk Weekly Times once in each week, for one (].) weeks successively commencing on the . .7..t.h..!.s.e.v..e.ll.~.h..) ........ day of No..v.e..~ 7~.. Sworn to before me this .. day of ~/~.~.¥~,~,~.,., 19..../. J - My Commission Expires March 30, 19 NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Or- dinance of the Town of Southold, S~ffolk County, New York, public hearings will be held hy the Zoning Board of Appeals. of the Town of Southold, at the Town Office, Main Road, Southold, "New York. on November 14,~ 1974, on the following appeals: ~ 7:30 P.M. (E:D.S.T.) upon application of Harvey Bagshaw, Deep Hole Drive, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article VI1, Section 100-70 B (4) and Bulk Schedule for permission to construct Body Shop on pro- ~erty with insufficient side line. Location of property: N/S' Main Road, Laurel (Dist. IlL New York, bounded on the north by J. O'Connell; east by A. Goodale; south by Main Road; west by J. O'ConnelL 7:45 P.M. (E.D.S.T.) - upon applica, tion of Thomas A. Duffey, T.A.D, Auto Sales. Main Road. Cutchogue, New York for a special exception in accordance with the Zoning Ordinance. Article VII. Section 100-70 B.4 for permission to conduct a used car sales business, and a special exception to erect a second s~gn. Location of property: Main Road. Cutchogue, New York. bounded on the north by Main Road: on the east by Marratooka Lane: on the south by J. Brooks & R. Polhe- taus: on the west by Sunset Avenue. ,7:55 P.M. iE.D.S.T.) upon application of Steven Born. Lee- ward Drive. Southold, New York for a variance in accordance with the Zoning Ordinance, Article III. Section 100-34 and 100-35 for permission to install decorative entrance wall with li~htin~ in front, yard area of lots on new Private Road. Location of pro- perty: Oregon View Estates, Cutchogue. New York, bounded on the north by lands of applicant; east by lands of applicant; south by Middle Road (CR 27); w_est by. land of applicant. 8:10 P.M. (E.D.S.T.I upon application of Robert L. Hyatt a/c Joseph Cornacchia, Skunk Lane (Bay Avenue), Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article 111, Section 100-30 C (3) & 100-3] C for permission to con- struct accessory building (private gara, in front yard area. Loca- tion, coperty: N/S Skunk Lane ([;ay Avenue) at Peconic Bay, Cutchogue, New York, bou.nded on the north by Joseph Corn- acchia, Jr.; east by Peconic Bay; south by Skunk Lane (Bay Ave.); west by Joseph Cornacchia, Jr. 8:25 P.M. (E.D.5.I.) upon application of Walter G. Kapp, Esq. a/c Louise O. Day. 360 West 22nd St., New York City, for a variance in accordance with the Zoning Ordinance. Article I11, Section 100-30 & Bulk Schedule for permission to set off lot and buildings with insufficient area and width. Location of property: W/S Peconic Lane - N/S Long Island Railroad, Peconic, New York. bounded on the north by other land of applicant; east by Peconic Lane; south by A. Blas- chak & Long lsland Railroad; west by otker land of applicant. 8:40 .P.M. (E.D.S.T.) upon application of Cynthia Kaminsky, Woodcliff Drive, RFD 1, Box 153, Mattituck. New York for a variance with the Zoning Ordi- nance. Article VII. Section 100-71 and Bulk Schedule for permission to construct building on premises with insufficient setbacks. Loca- tion of property: Mill Road, Mattituck. New York, bounded on the north by Mill Road; east by M. Phillips: south by M. Phillips; west by Mattituck Creek (Inlet). 8:50 P.M. (E.D.S.T.) upon application of Craig A. Richter a/c Nickalas Casamisina, 10 Island View Greenport, New York for a variance in accordance with the Zoning Ordinance, Article 11I Section 100-31 and Bulk and Parking Schedule for permission to construct addition to existing dwelling resulting in reduction in side yard. Location of Property: 10 Island View Lane, Greenport. New York, bounded on the uo'rth by G.'ZelenSlci; east' by creek (Fanning Point); south by C. Krcpp; west by R.O.W. Ext. of Island View Lane. Any person desiring to be 'heard on the above appeals should appear at the time and place above specified. Dated: October 31, 1974 BY ORDER OF SOUTHOLD TOWN BOARD OF APPEALS 1T-Il/7 SUFFOLK IEW YORK ss: Katz, being duly sworn, soys that she is the IE LONG ISLAND TRAVELER - MATTITUCK xl, a public newspaper printed at Southold, 2ounty; and that the notice of which the a printed copy, has been published in said Zraveler-Mattituck Watchman once each .............. (~.//...,~..,~((,.~: ........ (.~./../.. ........ _ week)V x~,- r;4- commencing o~ the .................... /.. ................. ........ 7/~.~:...,:,, ....... ' ........ ....................... " ................ worn to before me this ......... ~'. .......... day of .... . id:Zd, ....... .... 30 TOWN OF SOUTHOLD BUILDING I~EPARTME.NT TOWN GLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL ......... ~.~ ....... ~ ............................ ....~.~..~ ......................................... ~ ~ ~ ~ ~ ~ ~,~ ~ ~ ~,~ ~ .... ~ ....... ~ ............... ......~ ..... TOWN OF SOUTF~OLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. / f ~ '~ DATE ....O.,q~..o.,b...e.~....2...~.~. 1974 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, ~ ~.a...~..~..,e.~-...,~.,,a. cj~.h~.~. ............................... of ..,..D...e..e.~....~.o.,.]:?....,D.,,~.~.~. .................................. Name of Appellcmt Street and Number Ma ~tituck New York ...... ............................ ~hKtD¥ APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUIL~.~Gr~'~;' PECTOR ON WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMI~ FOR~OCCUP~NCY f~ /? '~ ' r A~' ~q ' tree . . Natti%uck Pbs% Office, bou~de~ .~X~Z=~O~ ~ ~ - - James O'Co~nelI. East b~ Goodale, South'by Main Road. Zoned Map~eral Business D~%~ BU1. 2. PROVISION (5) OF THE ZONING ORDINANCE APP~LED (;nd~cote ~he Article Section. s~tion ~nd P~agr~h of ~ Ord;n~nce by number. Do ~ot q~ote ~h~ Ordi,n~nce.) 3. ~YPE OF APPEAL Appeal is made herewith for ( ~A/VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (Stat~ of New York Town Law Chap. 62 Cons, Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) b~en r~ade with respect to this decision of the Building Insoector or with respect to this 9roperty. Such appeal was (x) request for a special ~ exception ( ) request for a variance aha was made in Appeal No....3:...9....~.~ ................... Dated August t, i9~4 REASON FOR APPEAL ( ) A VarioncetoSection 280ASubsection3 (V~ A Variance to the Zoning O~inance () is requested forthe reasonthat due to the angular shape of the lot, the building to be erected (60' b~ 60') cannot be built parallel to the road and still maintain the minimum side yars of 25 feet on the East and 10 feet on ~h-e West as specified in paragraphs 8 and 9 of the decision of ~he Zoning Board of Appeals, dated August !~ 1974. (See annexed survey.) Form ZB1 (Continue on other side) REASON FOR APPEAL Continued ]. STRICT APPLICATION OF THE ORDINANCE would Produce practical difficulties or unneces- sary HARDSHIP because 2. The ha~shipcreatedisUNiQUEandisnotshared by oil properties alike in the immediate vicini~ ofthis~roperty andinth[s use districtbecause this is a reZat±vely small angular lot measuring 100 x 186~37 {actual width of lot 95 feet +) zoned General Business District (B~i)~ surrounded by other prope~ ties zoned both industrial a~,d business~ In order to create no est~eticaily ~nplea~an~:~ppe~rance~ the ~uilding should be con- structed to parallel the road as are the buildings on both the East and the West, So as to ~ccomodate the en~ir~ auto body repair operation within ~he confines of the building~ applicant seeks to maintain t~shape and dimensions of the building as pro~ posed (see plans and sketches filed with original application)~ Accordingly~ applicant seeks approval for a %oral of 20 feet for both side yards~ 5 feet on the East and 15 feet on the West~ 3. The Vadonce wou~d observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT b~ause applicant's property is surrouneed by industrial property and has a gas station across the street. The industrial property surrounds app!icant-~s property on the North and on the West and there is business property to the East~ AppliCant is sincerely interested in the esthetic appearance of the district and is prepared to erect a most attractive building that bears no resemblance whatever to the stereotyped '~body shop~'. STATE OF NEW YORK COUNTY OF SUFFOLK. ) ' ~(/ HARVEY ~AGSHA~ ~ ; da of O~tober ............... NOT~Y ~B~C, $~e o~ Ne~ Y~k PHILIP J. OFRIAS, Jla. December 4, 1974 Southold Town Zoning Board of Appeals Southotd, New York 11971 RE: Harvey Bagshaw Application Appeal No. 1963 File No. X-4166 Gentlemen: Please be advised that my client, Harvey Bagshaw of Deephole Drive~ Mattituck~ New York~ hereby withdraws appeal No. 1963~ dated October 24~ 1974. Thank you very much. PJO:jg cc: Howard Terry PHTLIP J. OFR~AS, JR. November 19, 1974 Southold Town Zoning Board of Appeals Southold~ New York 11971 RE: Harvey Bagshaw Application File No. X-4166 Gentlemen: This letter concerns the hearing on the above matter, held be- fore you on November 14, 1974~ and your prior decision on the application for a special exception~ dated August 1~ 1974. I would respectfully request that you gentlemen in the exer- cise of your discretion, and pursuant to the Sou~old Zoning Ordinance 100-121, delete the phrase "nor within 300 feet of any residence dsitrict" from paragraph 6 of your decision, dated August 1, 1974. Such deletion being in the nature of an area variance would be within the province of your juris- diction. The deletion being necessary to allow the use applied for and in fact granted in your decision, dated August t, 1974, it would appear that notice of the original application as published would allow such deletion as it is a necessary part of the special exception requested. Of course, there were no facts brought to your attention that were not known at the time of your original decision. As to the side yard requirements, they are presently before you...~ appeal number 1963. R e~p ec~~ques ted, ~Phili~ J. 7bfrias, Jr. / / PJO:jg cc: Howard Terry, Building Inspector Harvey Bagshaw 0 · / + COUNTY OF SUFFOLK I~sol ProDerty Tax Service AgencYlv.~