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Home My WebLink About1983 TOW~ OF SOUTHOLD, NEW YOEK ACTION OF THE ZON~qG BOARD OF APPEALS Appe~ No. 1983 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Thomas A. Duffey, President T. A. D. Auto Sales Main Road , Cutchogue, N. Y. DATE.De~....~.9, 1974 Dated December 6, 1974 Appellant at a meeting of the Zoning Board of Appeals on December 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 ) 19, 1974 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Artlcle .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance anc~ the decision of the Building Inspector ( ) be reversed ( ) be contirmed because 8:45 P.M. (E.S.T.) upon application of Thomas A. Duffey, President, T.A.D. Auto Sales, Main Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 170 B, Subsection (4), Subsection (f) for permission to use pre-existing business property surrounded by residential area. Location of property: Main Road, Cutchogue, New York, bounded on the north by Main Road; east by Pequash Avenue; south by M. Barteau; west by Fleet Estate. Fee paid $15.00. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical difficulties or unnecessary SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( ) be g~ented ( ) be denied and that the previous decisions of the Bu%lding Inspector ( ) be confirmed ( ) be reversed. R .RS .APPROVED FORM ZB4 ZONI/gG BOARD OF ,Appm~r~ ~'% Marjori~ McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to use pre-existing business property surrounded by residential area on Main Road, Cutchogue, New York. The findings of the Board are that the use which applicant proposes has been a pre-existing use for many years at this location which is situated less than 300 feet from a residential area. The Board feels that to prohibit this limited use of property would, to some extent, deprive the owner of use of this "B-i" zoned property. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, Thomas A. Duffey, President, T.A.D. Auto Sales, Inc., Main Road, Cutchogue, New York be GRANTED permission to use pre-existing business property surrounded by residential area on Main Road, Cutchogue, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. 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 0ffice~ Main Road~ Southold, New York, on December~ 1974~ on the ~ollowing appeals: 8:00 P.M. (E.S.T.) upon application of Grabie Appliance~ Inc. , Main Road~ Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article VIi, Section 100-70 and Bulk Schedule for permission to erect free standing radio tower over the permitted height. Location of property: Main Road, Mattituck, New York, bounded on the north by Main Road (Rte 25); east by De Maula & Keene; south by Kopf~ west by S. Moore & 8:15 P.M. (E.S.T.) upon application of James Mu!hal!, Kenney's Roadt Southold~ New York for a variance in accordance with the Zoning Ordinance~ Article IIIt Section 100-30 C and 100-32 for permission to erect free standing accessory ssruc~ure over 35 feet in height. Location of property: Lots 1, 2, Map Kennewood, W/S Kenney's Road, Southold, New York. 8:30 P.M. (E.S.T.) upon application of Suzanne S. Coleman, Montauk Avenue, Fishers !sland, New York for a variance in accordance with the Zoning Ord%nance, Article iii, Section 100-30 C and 100-32 and 100-35 for permission to build accessory building in front yard area and m alntain front yard fence over 4 feet in height. Location of property: N/S Montauk Avenue, Fishers Island, New York, bounded on the north by F.!. Farms-Dawson~ on the east by Dawson; south by Montauk Avenue; west by Union Chapel° Legal Notice Page 2 8:45 P.M. (E.S.T.) upon application of Thomas A. Duffey, President, T.A.D. Auto Sales, Main Road, Cutchogue,' New York for a variance in accordance with the Zoning Ordinance, Article VII, Section 170 B, Subsection (4), Subsection (f) for permission to use pre-existing business property surrounded by residential area. Locatio~ of property: Main Road, Cutchogue, New York, bounded on the north by Main Road; east by Pequash Avenue; south by M. Barteau; west by Fleet Estate. 9:00 P.M. (E.S.T.) Crescent & Fox Avenues, in accordance With the upon application of Bouton Services, Inc., Fishers Island, New York, for a variance Zoning Ordinance, Article VII, Section 100-70 and Bulk Schedule for permission to divide lot with existing buildings. Location of property: Crescent Avenue, Fishers Island, New York, bounded on the north by Figall, east by Zabahonski; south by Crescent Avenue; west by P. & S. Edwards. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: December 6, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, DECEMBER 12, 1974, AND FORWARD FIVE (5) AFFIDAVITS OF PUBLICATION TO TH~ SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on December 6, 1974: The Suffolk Weekly Times The Long Island Traveler-Mattituck Watchman Grabie Appliance, Inc. James Mulhall Suzanne S. Coleman Thomas A. Duffey Bouton Services, Inc. Supervisor Albert M. Martocchia NOTICE OF H~ARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southald, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Seuthold, at the Town Office, Main Road, Southold, New York, on December 19, 1974, on the following appeals: 8:00 P.M. (E.S.T.) upon ap- plication of Grabie Appliance, Inc., Main Road, Mattituck, New York for a variance in ac- cordance with the Zoning Or- dinance, Article VII, Section 100- 70 and Bulk Schedule for per- mission to erect free standing radio tower over the permitted height. Location of property: Main Road, Mattituck, New York, boanded on the north by Main Road (Rte 25); east by De Maula & Keene; south by Kopf; west by S. Moore & Wf. 8:15 P.M. (E.S.T.) upon ap- plication of James Mulhall, Kenney's Road, Seuthold, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30 C and 100-32 for permission to erect free standing accessory structure over 35 feet in height. Location of property: Lots 1, 2, Map Kennewood, W-S Kenney'S ~oad, Southold, New York· 8:30 P.M. (E.S.T.) upon ap- plicatian of Suzanne S. Coleman, Montauk Avenue, Fishers Island, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30 C and 100-32 and 100-35 for permission to build accessory building in front yard area and maintain front yard fence over 4 feet in height. Location of property: N~ Montauk Avenue, Fishers Island, New York, bowded on the north by F. I. Farms-Dawson; on the east by Dawson; south by Montauk Avenue; west by Union Chapel. 8:45 P.M. (E.S.T.) upon ap- plication of Thomas A. Duffey, Prealden* T.A.D. Auto Sales, Main 1~ , Cutchogue, New York for a variance in ac- cordance with the Zoning Or. dinance, Article VII, Section 17( B, Subsection (4), Subsection (f) for permission th use pre-existin~ business property surrounded residential area. Location ot property: Main Road, Cut- chogue, New York, bounded o~ the north by Main Road; east b [Pequash Avenue; south by i~ IBa~teau; west by Fleet Estatt 9:00 P.M. (E.S.T.) upon ap- plication of Bouton Services, Inc., Crescent & Fox Avenues, Fishers Island, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 and Bulk Sehedale for permission to divide lot with existing buildings. Location of property: Crescent Avenue, Fishers Island, New York, bounded on the north by Figall, OUNTY OF SUFFOLK, ] TATE OF NEW YORK, ~ ss: ....... s.. ........... being duly Sworn ~/s that . .he.... is Printer and Publisher of the SUFFOLI, IEEKLY TIMES, a newspaper published at Greenport, in sari ounty: and that the notice, of which the annexed is a printe, opy, has been published in the said Suffolk Weekly Time: ,ncc in each week, for ..... 0..tl.e...(.]..). ............. week-- uccessively oommencing on the .... T~e,l.¥e .............. l~y of .... . .D~.q.e.m]~. ~. .... ~ :: 19..7.0. east by Zabehonski; south by . ~ Crescent Avenue; west by P. & S ..... :-. ..... .... ~.. ¥ Edwards. Any person dealring to be heard ;worn t~ before me this ,/~-~ on the above appeals should f~,'- ' ''~}'~'''~'~ ~'~l - appear at the time and place fay of .~/.~.,~..~..%~:;~- 19.?. f. ! , -- above specified. \ -'/ / /~ Dated' December 6 1974 ~,~./¢;~..~:~.~-~ ~r.~ · SYORD~ROF~m ~ ~0~£~ ~^W~.~.C[.~.0~q~9. ........... ~.... SOUrHOLDTOWN ~ 'I~;^~¥' '~OI~[I'C 0r ~W ¥0~1 BOARD OF APPEALS , ResidJag in Suffolk County ~ ?/ Clks. No. 52 9366350 My Comm!ssion Expires M~!rch LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of thc Town Law and the provisions o thc Amended Building Zorn Ordinance of the Town of South old. Suffolk County, New York lublic hearings will be held b3 the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, South- old, New York, on December 19, 1974, on the following appeals: 8:00 P.M. (E.S.T.) upon ap- plication of Grabie Appliance, Inc.. Main Road. Mattituck, New York for a variance in accordance with the Zoning Ordinance. Article VII, Section 100-70 and Bulk Schedule for permission to erect free standing radio tower over the permitted height. Loca- tion of property: Main Road, Mattituck. New York~ bounded on the north by Main Road (Rte 25); east by De Maula & Keene: south by Kopf; west by S. Moore & WE 8:15 P.M. (E.S.T.I upon ap- plication of James Mulhall, Ken- nv's Road Southold, New York for a variance in accordance with the Zoning Ordinance. Article 111, Section 100-30 C and 100-32 for permission to erect free standing accessory structure over 35 feet in height. Location of property: Lots 1. 2, 3, Map Kennewood. W/S Kenney's Road. Southold. New York. 8:30 P.M. (E.S.T.) upon ap- plication of Suzanne S. Coleman, Montauk Avenue, Fishers Island, New York for a variance in ac- cordance with the Zoning Ordi- nance. Article Ill, Section 100-30 i C and 100-32 and 100-35 for permission to build accessory building in front yard area and maintain front yard fence over 4 feet in height. Location of pro- perry: N/S Montauk Avenue, Fishers Island, New York, bound cd on the north by F.I. Farms- Dawson; on thc east by Dawson: south by Montauk Avenue; west y Union Chapel. ~ 8:45 P.M. (E.S.T.) upon ap- lication of Thomas A. Duffey. 'resident. T.A.D. Auto Sales, lain Road. Cutchogue~ New York for a variance in accordano w'ith the ming Ordinance Article Vh, Section 170 B. Sub section (4), Subsection {fl for per mission to use pre-existing bust ness property surrounded by rest dential area. Location of pro perry: Main Road, Cutchogue New York, bounded on the nort] ~y Main Road; east by Pequas] a. venue; south by M. Barteau Yest by Fleet Estate._ 9:00 P.M. (E.S.T.) upon ap- plication of Bouton Services, Inc., Crescent & Fox Avenues, Fishers Island, New York, for a variance in accordance with the Zoning Ordinance, Article VII. Section 100-70 and Bulk Schedule for per- mission to divide lot with existing buildings. Location of property: Crescent Avenue, Fishers Island, New York, bounded on the north by Figall, east by Zabahonski; south by Crescent Avenue; west by P. & S. Edwards. Any person desiring to be heard on the above should appear at the time and place above specified. Dated: December 6, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1T-12/12 aUNTY OF SUFFOLK [ ss: 1-ATE OF NEW YORK J Sherley KarT, being duly sworn, says that she is ~ ditor, of THE LONG ISLAND TRAVELER - MATTITUCK /ATCHMAN, a public newspaper printed at Southold, Suffolk County; and that the notice of which the nnexed is a printed copy, has been published in said ong Island Traveler-Mattituck Watchman once each 'eek for d ~ r / .................. % ....... ~...;.-~, ........ '...:.../...:.,.. week~ / ) ' ~ ~ccessively, commencing on the .............. ~....2: .................. ay of .. j~. ....................... ~ r" , ......... ........................... Sworn to before me this ......... '-'..d. ......... day of / - . ....... ,.;~...-..~...q ............., Notary Public / TOWN OF SOUTHOLD BUILDING I~EPARTMENT TOWN CLERK'S OFFICE SOUTHOLD; N. Y. NOTICE OF DISAPPROVAL ................................................................... Date ........................ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. DATE .D~c ember...6.,... 19 7 4 (We) ...... T. ~Dma s...A..... ~u f.~e.~ ~ ...P.r~ s..... ~fA ..D.....Au ~ .. ~a~e ~ ......... ~ain.. iqo~d .......... Name of Appellant Street and Number ..................... C~tc~h~u~ ............................................ Municipa ity N..3Z.,...11,93.5....HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON .o ..................................... ...... .......... APPLICA ZION WHEREBY THE BUILDING INSPECTOR DENIED TO of Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (:~,// Permission to use existing business property surrounded rc~i~cntia! arca. ]. Name of Applicant for permit ........... ~i~in..B, oa~ ............................. Cu~-chog=e ................... i~z...Y.o r.k... by LOCATION OF THE PROPERTY .......... ~a'ic~z..R~ad. .................... .<Du,t. eheg~e.r..N.,....Y..~ ....... 5treet Use District on Zoning Map Map No. Lot No. section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi.nance.) 3. (X) PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- (f) TYPE OF APPEAL Appeal [s made herewith for A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 has 4. PREVIOUS APPEAL A previous appeal :~'~!~)~ been maae with respect to this decision of the Building Inspector or with respect to this property. Such appeal was (~) request for a special permit ( ) request for: variance and was made in Appee No.. ']:'9~.4 ................... Dated .....Q~;.~.~....2~.~...~...9..7...~. .................................. REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (;×) A Variance to the Zoning Ordinance ( ) is requested for the reason that Property is within 300 feet of residential area. Form ZB1 (Continue on other side)_ REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaJdifficuJtiesorunneces- sary HARDSHIPbecause of pre-existing use of business property for many years. The premises are ideally suited for a used car business° The premises shall be used only for the display of completely finished~ polished~ used cars, as all mechanic's work will be done locally at another location~ Nc sheet metal~ body work~ or any other type of work will be done on the premises~ Flowers will be planted in the Spring and a very attractive display of nice used cars will enhance the beauty of the Dropertyo Brambles and qrass will be kept cut and the premises kept clean a% all times~ 2. The hardshJpcreetedis UNlQUEondisnotshared by o[J properties oJike in the immediate vicinity ofthis property and in this use district because A similar type of business has been located there for many years, by Mro Fox who was an authorized used car dealer. 3, The V~riance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DJSTRiCT because Present use would greatly improve and enhance its pre-existing use. STATE OF NEW, YOR, K ) / ~ ~ ,/ . ~ /~ ) ss ....... ........................... Sworn to this ...................... ~..~ ............ day of .............. ~{~.~.~,_.._~.~''' ~ ' ..... ~9~~ Notary Public Town Of Southold TOWN CLERK 765-3783 Buildln9 Dept. f Plannlng Bd, 765-2660 Board of Appeals TOWN CLERK'S OFFICE Main Road Sou~hold, N. Y. 11971 Pursuant fo the C~eneral Municipal Law, ChaFffer 24, of the Consolidated Laws, Arflcle 12-B, Sections 239-1 and m, the ....... ~:~&r~,..of..Al,:l~.ae&lll ..... of the town of Southold, N. Y. ~ereby refe~ ~he following (agency invo~v~- proposed zonbg action ~o the Suffolk CouMy Planning Commission: (check one~ ........ New end r~odified zoning ordinance .......... Amendment ~o +he zoning ordinance ............ Zoning chonges ........... Special permits ...... X... Variances ~t~Ole VZZ~ 8eotion 170 B 8~eeo~on (4) (~) Location of affected land: ~n..~ad~..Cu.~o~ue.,...~ew...~o~k,...~d~..on..~he---ao:th by within 5~ fee+ of: (check one or more) ~ ~ad~ east by Pe~h Ave. ~ ~outh by~ M. B~teaul west by Flee2 ............ Town or vilbge bounda~ line X ........... State or county reed, p~rkwey or expressway ............ Store o~ coun~ ,park or recreation ~reo ........... S+reo,m or droinage channel owned by the county or for which the coun~ hos esfoblished channel lines ............ State or county owned ,parcel on which ~ public building is sifuofed Comments: The ule wh~Loh appl:Loant prOpOlel hal been & pre-ex:Lilt,Lng uae for zon~ property. Date: 3enU, a,.-'~ · · 2,. -19.7 5 ........ (signed) Robert W. Gtll:l. sp:l.e, ~r. .Chem.-man ,... 8outhoZd ..To~n.. Boa3:d..of.. &ppeaZI Tide Date r~celved by Suffolk County Planning Commission ........................................................ File No · Suffolk County Department of Planning Veterans He~aorial Highway Ha~ppmxge, l~Tew York 11787 January 10, 1975 Town of $outhold Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Thomas A. Duffey ~nicipal File Number 1983 Respectfully yours, Lee E. Koppel~n Director of Pl=--in~ b7 ~erald G. Newman Chief Planner I, Edward W. Fox, state that I did conduct an authorized used car dealership from the premises located at the southwest corner or Pequash Avenue and Main Road, Cutchogue, New York, 11935, for several years during my operation of garage, gas station, and fuel oil business. Edward W. Fox December 6, 1974 0 d