The URL can be used to link to this page

Home My WebLink About1891 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOAKD OF APPEALS Appeal No. 1891 Dated March 22, 1974 ACTION OF THE ZONING BOARD OF APPEALS OF THE TO%~N OF SOUTHOLD To Fogarty Incorporated Box 1000, Main Road Mattituck, New York at a meeting of the Zoning Board of Appeals on April 11, was considered and the action indicated below was taken on your ) Request for variance due to lack of access to property ) Request for a special exception under the Zoning Ordinance ~ Request for a variance to the Zoning Ordinance ) DATE Ap~il...~i, 1974 Appellant 1974 the appeal 1. SPECIAL EXCEPTION. 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 9:30 P.M. (E.D.S.T.) upon application of Fogarty Incorporated, Box 1000, Main Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-60 C (3) (b) (1) to maintain sign of excessive size. Location of property: 7055 Main Road bounded on the north by Long Island Railroad; east by D. Tuthill; south by Main Road; west by W. Ritzer. 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 practical hardship because SEE REVERSE difficulties or unnecessary (b) The hardship created (is) (is not) umque and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district beeanse SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because SEE REVERSE (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. FORM ZB4 Secretary After investigation and inspection the Board finds that applicant requests permission to maintain sign of excessive size at 7055 Main Road, Mattituck. The findings of the Board are that applicant's sign is much larger than the requirements of the Ordinance, and applicant is directed to make the wall sign conform to the Ordinance. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship; 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, Fogarty Incorporated, Box 1000, Main Road, Mattituck, New York, be DENIED permission to maintain sign of excessive size at 7055 Main Road, Mattituck, as applied for, for the reasons stated; and the applicant is directed to make wall sign conform to the Ordinance of the Town of Southold within sixty (60) days from this date, April 11, 1974. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. L~GAL NOTICE Notice of Hearings Pursuant to Section 267 of the. Town La%~ and the prqvisions of the Amended Building Zone Ordinance of the Tow~ of Southold~ Suffolk County, New York, p~lic hearings will be held by the Zonin~ ~oard of Appeals of ~he Town of Sou~hold¢ at .~he Offioe- z4a~ Road, Southoid, ~ew York, on Aprit i1, 1974 on the following 7:45 P.M. fE~D,$~T.) upon ~pp!~ca~ion of Mary E. ~heeier ~d Linde J. Wheeler, 3580 Bois~eau Aven~e~. Sou~hold, New _York, for a vari~ce in aoaor~an~e ~l~ -the ~oning Ordinance, .Article IIZ, Section IOO-30,. 1~0~31 and Bulk Schedule for _permission to ~ivide Io~ ~ith insufficient wid~ and area. ~cation property: . east side of .Boisseau_.Avenue¢ ~unded north, by. J. Carroll & ~o. ~ east b~.~J., carroll by ~ne~ot~ ~ark~ west by ~oiss~au Avenue. C~ Beach Road~ SOuthol~,. New_~.ork, .for, a.~nce ac(,or~ance wlth the Zoning Ordinate* Article III~. Se=tion 100-30 10O 3~ ~ Bulk S~eaule for pe~ission to~vide property wi~h. insuffici~t_area ~cation of -:~South by.Ced~ .Beach ~O~ west by Paradise Point Road. Main Roa~, Omient ,. ~ew. York, :.fo~ :a ~cial. ~cgption: :i~. LO~a.-of pr~y:~ .sou. th .-$~e. ~-~.,.R~- Legal Notice .Pg. 3 9:30 P.M. (E.D.S.T.) upon application of Fogarty Incorporated, Box 1000, Main Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article VI, Sect-ion 100-60 C (3) (b) (1) to maintain sign of excessive size. Location of property: 7055 Main Road, bounded on the north by Long Island Railroad; east by D. Tuthi~l; south by Main Road; west by W. Ritzer. 9:45 P.M. (E.D.S.T.) upon application of North Fork Baptist Church, Route 27A, Mattituck, New York, for a special exception ~ in accordance with the Zoning Ordinance, Article III, Section 100-30 B (2) (3) (4) (6) (7) for permission to expand the present ministry to include a youth hostel. Location of property: Route 27A, Mattituck, bounded on the north by Horton Avenue & W. A. Kaiser; east by C. Sanders & Co Born; south by County Road 27; west by J. Haas. Any person desiring to be heard on the above Appeals should appear at the time and place above specified. Dated: March 29, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, April 4, 1974, AND FORWARD NINE (9) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copies sent to the following on March 29, 1974: The Suffolk Weekly Times The Long Island Traveler-Matt~tuck Watchman Supervisor Albert M. Martocchia Mary E. & Linda J. Wheeler/Lefferts P. Edson, Gasper Pisacano/Gottlieb Nickles Lloyd E. Terry George L. Penny Iv Paul & Michele Cusumano Edwin W. Stewart Harvey F. Bagshaw ' Fogarty, Inc. North Fork Baptist Church Esq · 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 Scuthold, at the Town Office, Main Road, Southold, New York, on April 11, 1974 on the following appeals: 7:45 P.M. (E.D.S.T.) upon application of Mary E. Wheeler and IAnda J. Wheeler, 3500 Boiaseau Avenue, Scuthold, New York, for a variance in ac- cordance with the Zoning Or- dlnance, Article III, Section 100- 30~ 100-31 and Bulk Schedule for permission to divide lot with insufficient width and area. Location of property: east side of Boiaseau Avenue, bounded north by J. Carroll and another; east by J. Carroll and Yennecott Park; south by~ Yennecott Park; west by Boiaseau Avenue. 8:00 P.M. (E.D.S.T.) upon application of Gasper Pisacano, Cedar Beach Road, Scuthold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30, 100-31 and Bulk Schedule for permission to redivide property with insufficient area. Location of property: Cedar Beach Road, Paradise Point Road, Southold, New York, bounded north by A. Weymouth II; east by E. Heaonck and wife; south by Cedar Beach Road; west by Paradise Point Road. 8:15 P.M. (E.D.S.T.) upon application of Lloyd Terry, Main Road, Orient, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 B 8 (a), for permission to operate farm labor camp. Location of property: south side Main Road, Orient, New York, bounded north by Main Road; east by Terry Estate; south by Terry Estate; west by Edward Latham. 8:30 P.M. (E.D.S.T.) upon application of George L. Penny IV, Sound View Avenue, Southold, New York, for a variance due to lack of access, Town Law, Section 280A, Sub 3, for approval of access to interior lot. Location of property: south side Sound View Avenue, Southold, bounded north by Sound View Avenue; east by D.R. Grattan; south by D.R. Grattan; west by Robert Bayley. 8:45 P.M. (E.D.S.T.) upon application of Paul and Michele Cusumano, Fleetwood Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to uso existing structure for additional living space with insufficient sideyard. Location of property: Fleetwood Road, Cutchogue, New York, bounded on the north by Fleet- wood Road; east by Fleetwood Road; south by E. Hansen; west by H. Meyer. 9:00 P.M. (E.D:S.T.) upon application of Edwin W. Stewart, 20 Caroin Road, Southold, New York, for a variance in ac- cerdance with the Zoning Or- dinance, Chapter 100, Section 100- 32B, for permission to locate accessory building in side yard with insufficient area to property line. Location of property: 20 Carole Road, Southold, New York, bounded on the north by M. Kuermer; east by Ar- shamomaque Pond; south by Arshamomaque Pond; west by Carole Road. 9:15 P.M. (E.D.S.T.) upon application of Harvey F. Bagshaw, Deephole Drive, Mattituck, New York for a special exception in accordance with the Zoning Ordinance, Artide VII, Soctiea 100-70 B (4) for permission to uso building as auto repair (body shop). Location of prot i: Sound Ave~ Mattituc~, oounded on the no, by North Fork Bank; east by Love Lane; south by Sound Avenue; west by Episcopal Church. 9:30 P.M. (E .... application of Fngarty In- corporated, Box 1000, Main Road, Matfituck, New York, for a variance in accordance with the Zoning Ordinance, Article VI,! Section 100-60 C (3) (b) (1) to maintain sign of excessive size. Location of property: 7055 Main Road, bounded on the north by Long Island Railroad; east by D. Tuthfll; south by Main Road; west by W. Ritzer. 9:45 P.M. (E.D.S.T~)~ application of North Fork Baptist Church, Route 27A, Mattithck, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section OF SUFFOLK, I~EW YORK, ~ ss: J t.~.a..v.~..C.:..D..o.1~..a.rl. .......... being duly Sworn, ..h.e... is Printer and Publisher of ~he SUFFOLK TIMES, a newspaper published at Greenport, in said td that the notice, of which the ~nnex~d is//printed been published in the said Suffolk Weekly Times 1ch week, ~or ........... .o.~.?..(..~) .... weeks ~ly commencing on i~e ...... .~.~..h ................ ~April 1974 ~.~L .~.. ~ ~ ~. ~. ~. :.-: ~..' ................. 100-30 B (2) (3) (4) (6) (7) for before me this 4th permission to expand the present ........... ministry to include a youth A..p?.J:.l....,, ...... 19.~.4... hostel. Location of property: Route.A, Mattituck, boundedon ../~/~..~. ~/,~ the north by Horton Avenue and // .. ' .~,~.S,.~ L, TOW,~,~S£NO, JR-. .... W.A. Kaiser; east by C. Sanders ~/// ....... ,,w.~r PUt, iFS'. ~t~ 'o~ '~ew Y~rl~ ..... and C. Rom; south by County ~/ No. ~2-c' 65335 Any person desiring to be heard ~,,ommis~Jo~ ~x~Jre~ on the above Appeals should appear at the time and place above specified. Dated: March 29, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Pursuant to Suction 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, South- old, New York, on April 11, 1974 on the following appeals: 7:45 PM (E.D.S.T.) upon applica- tion of Mary E. Wheeler and Linda J. Wheeler, 3500 Boisseau Avenue, Southold, New York, for a variance in accordance with the Zoning Ord- inance, Article III, Section 100-30, 100-31 and Bulk Schedule for per- mission to divide lot with insufficient width and area. Location of property; east side of Boisseau Avenue, bounded north by J. Carroll & Ano.; east by J. Carroll & Yennecott Park; south by Yennecott Park; west by Boisseau Avenue. 8:00 PM (E.D.S.T.) upon applica- tion of Gasper Pisacano, Cedar Beach Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article II1, Sec- tion 100-30, 100-31 and Bulk Sched- ule for permission to redivide prop- erty with insufficient area. Location of property: Cedar Beach Road, Paradise Point Road, Southold, New York, bounded north by A. Wey- mouth II; east by E. Heacock -- Wf; south by Cedar Beach Road; west by Paradise Point Road. 8:15 PM (E.D.S.T.) upon applica- tion of Lloyd Terry, Main Road, Orient, New York, for a special ex- ception in accordance with the Zon- ing Ordinance, Article III, Section 100-30 B 8 (a), for permission to op- erate farm labor camp. Location of property: south side Main Road, Orient, New York, bounded north by Main Road; east by Terry Estate; south by Terry Estate; west by Ed- ward Latham. 8:30 PM (E.D.S.T.) upon applica- tion of George L. Penny IV; Sound View Avenue, Southold, New York, for a variance due to lack of access, Town Law, Sec. 280A, Sub 3, for ap- .proval of adcesg to interior lof. Loca- tion o~ property: south side Sound View Avenue, Southoid, bounded north by Sound View Avenue; east by D. R. Grattan; south by D. R. Grattan; west by Robert Bayley. 8:45 PM (E.D.S.T.) upon applica- tion of Paul & Michele Cusumano, Fleetwood Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article IlL Section 100-31 and Bulk Schedule for permission to use existing struc- ture for additional living space with insufficient sideyard. Location of property~ Fleetwood Road, Cut- chogue, New York, bounded on the north by Fleetwood Road; qast by Fleetwood Road; south ~by E. Hah- sen; west by H. Meyer. 9:00 PM (E.D.S.T.) upon applica- tion of Edwin W. Stewart, 20 Carole Road, Southold, New York, for a var- iance in-accordance with the Zoning Ordinance, Chapter 100, Section 100-32B, for permission to locate accessory building in side yard with insufficient area to property line. Lo- cation of property: 20 Carole Road, Southold, New York, bounded on the north by M. Kuermer; east by' Ar- shamomaque Pond; south by Arsha- momaque Pond; west by Carole Road. 9:15 PM (E.D.S.T.) upon applica- tion of Harvey F. Bagshaw, Deep- hole Drive, Mattituck, Ne~y York for a special exception in accordance with the Zoning Ordinance, Article VII, Section 100-70 B (4) for permis- sion to use building as auto repair (body shop). Location of property: Sound Avenue, Mattituck, bounded on the north by North Fork .Bank; east by Love Lane; south by Sound Avenue; west by Episcopal Church. 9:30 PM (E.D.S.T.) upon applica- tion of Fogarty Incorporated, Box 1000. Main Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-60 C (3) (b) (1) to maintain sign of excessive size. Lo- ,cation of property: 7055 Main Road, 'bounded on the north by Long Island Railroad; east by D. Tuthill; south by Main Road; west by W. Ritzer. 9:4.5 PM (E.D.S.T.) upon applica- tion of North Fork Baptist Church, Route 27A, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance. Article Ilk Section 100-30 B (2) (3) (4) (6) (7) for permission to expand the present ministry to include a youth hostel. Location of property: Route 27A, Mattituck, bounded on the north by Horton Avenue & W. A. Kaiser; Oast COUNTY OF SUFFOLK / STATE OF NEW YORKt ss: C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MA'I-FtTUCK 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 ....6....~.~.C.,.t~_,L..,:..z?:.. weeks~ successively, commencing on the ................ 7 ...................... day of ......... Sworn to before me this ......... ~. ........... day of ........ c..c ....... , ......... ............. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. (We) .... ............. of ....... ....................... Name of Appella,nt Street and Number ..!f..A..~.~'.C,~...[..~.Q~?~Q.~:.D....~:~). .............................. .~-.~z~..~0.'.%~%~ ........ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON //~ WHEREBY THE BUILDING INSPECTOR DENIED TO APPEAL NO. DATE .~d2c~..2.2.~....q..~//4- Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY t. LOCATION OF THE PROPERTY ..... ~.0.5~.....~,A~-',~..~,0~A,~..'.. ........................................................ Street Use District on Zoning Map Iv[ap No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi,nance.) Art. 6 Sec. 500-60 C (~) (b) 3. TYPE OF APPEAL Appeal is made herewith for (i~) ~ 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 o Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ( (X) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance A Variance to above mentioned section. is requested for the reason that Form (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficuKie,s or unneces- sary~ HARDSHIP because 2. The hardship created is UNIQUE and is not shared by a!l properties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance end WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because such e×cess si_~n,~ ~alnted_~ on ~ron~ ~ ~e tO of described bui!di~g is not ~ne!gar nor di. stPacei~ a~,d ~h~ ~ reduce such siam would destroy the ascetic ~a!ue of said si~n~ STATE OF NEW YORK ) ) COUNTY Signcd~lre j~" / Sworn to this ............. ,.~,..~.,.-~ .................. day oi~~ ................................ FORM NO. 3 TOWN OF SGUTHOLD BUILDING D~EPARTME'NT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No .................................................................. Date ..................... ...~...~./.~.....~...~..., 19.?.../ ....... PLEA,SE TAKE NOTICE that your application ?~ted ................ for permit to cOnstruct ~~.......,~,.~...~t~f~,e~p~emises ,.. ~,.~...~ ...... ~..c~....~ .... Street Map Block ............................................ Lot ................................................ is ~c~r~,~~h ~ disapproved on the following grounds .... ...~....~...~..~ .............. ~uA// .dip /J