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HomeMy WebLinkAbout1979 TOWN OF SOuT~IOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1979 Dated November 22, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD TO Grabie Appliance, Inc. Main Road Mattituck, N. Y. DATE...~....~, 1974 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 Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confhuned because 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 & Wf. 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 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. SEE REVERSE FORM ZB4 APPROVED C~ailman 80a~f App,al~ r 'Marjo~e McDermott, Secretary After investigation and inspection the Board finds that the applicant requests permission to erect free standing radio tower over the permitted height. The findings of the Board are that applicant has located the structure as appropriately as possible. 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, Grabie Appliance, Inc., Main Road, Mattituck, New York be GRANTED pmrmission to erect free standing radio tower over the permitted height on Main Road, Mattituck, New York as applied for, subject to the following condition: That no part of this construction shall be higher than 55 feet from ground level. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Doyen. LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provismons 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, 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 mn accordance with the Zonin~ Ordinance, Article VII, Sectzon 100-70 and Bulk Schedule for permission no 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 & Wf. 8:t5 P.M. (E.S.To) upon application of James Mulhal!, Kenney's Road, Southold, New York for a variance in accordance with the Zoning Ordinance, 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, 3, 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 Island, New York for a variance in accordance with the Zoning Ord%nance, Article III, Sectmon 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/S Montauk Avenue, Fishers Island, New York, bounded on the north by F.I. Farms-Dawson; on the east by Dawson; south by Montauk Avenue; west by Union Chapel. LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the /own Law and thc provisions of the Amended Building Zone Ordinance of the Town of South- old, Suffolk County, New York, )ublic hearings will be held by the Zon!ng 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, iArticle Vll, 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 & Wf. 8:15 P.M. (E.S.T.) upon ap- plication of James Mulhall, Ken- ny's Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III. Scction 100-30 C and 100-32 for permission to erect free standing accessory structure over 35 feet in hcight. Location of property: Lots I. 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. Nex~ York for a variance in ac- cordance with the Zoning Ordi- nance, Article 111, 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 fcct in height. Location of pro- perty: N/S Montauk Avenue, Fishers lsland~ New York. bound- cd on thc north by F.I. Farms- Dawson: on thc east by Dawson; south by Montauk Avenue; west by Union Chapel. 8:45 P.M. (E.S.T.) upon 4ication 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 VI1, :tion 170 B, Sub- section (4), buosection (f) for per- mission to use pre-existing busi- ness property surrounded by resi- dential area. Location of pro- perty: 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.) 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 JNTY OF SUFFOLK ~, ss: ~TE OF NEW YORK 1 Sherley Kotz, being duly sworn, soys that she is t~ tar, of THE LONG ISLAND TRAVELER - MATTITUCK \TCHMAN, a public newspaper printed at Southold, Suffolk County; and that the notice of which the ~exed is a printed copy, has been published in said ~g Island Zraveler-Maftituck Watchman once each ;k for ................ .,.....,.~:.6.4 ........ ............. wee!O' cessively, commencing on the ............... ?._;. .................. , of ............ .,/..,: ...... ~i...':~ ........... 19.,:.~:.. - ...... .............................. Sworn to before me this .......... z./..C./.i ....... day of ........... .............. ~.',...c.~:~:.L~.,...Z..:;:'.,:i:~?..(...¢~ ............ Notary Public / Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Sonthold, 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 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 in 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 & WI. 8:15 P.M. (E.S.T.) upon ap- plication of James Mulhall, Keaney's Road, Southold, New York for a variance in ac- cordance with the Zoning Or- {dinance, Article HI, Section 100- 30 C and 100-32 for permission to erect free standing accessory struct~e over 35 feet in height. Location of property: Lots 1, 2, 3, Map Kennewond, W-S Keaney's Road, Southold, New York. 8:~0 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 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-S Montauk Avenue, Fishers Island, New York, beanded on the north by F. I. Farms-Dawson; on the east by Dawson; south by Montauk Avenue; west by Union Chapel. 8-45 PM (E [~.) upon ap- plicat~on of Thomas A. Dufiey, Prosidant, T.A.~ Auto Sales, Main Road, C..aogue, New York for a variance in ac- cordance with the Zoning Or- dinance, Article VII, Section 170 B, Subsection (4), Subsection (f) for permission to use pro-existing business property sarroanded by residential area. Location of property: Main Road, Cut- chogue, New York, bounded on the north by Main Hoad; east by ~Pequash Avenue; south by M. Barteau; west 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 permission to divide lot with existing buildings. Location of property: Crescent Avenue, Fishers Island, New York, boanded on the north by Flgail, 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 $OUTHOLD TOWN BOARD OF APPEALS COUNTY OF SUFFOLK, ~ ss: STATE OF NEW YORK, ........ Stuax'l; .Co..Dor'ma~ ........... being duly Swor~ s~s that .~ .... is Printer and Publisher of ~e SUFFOL: WEEKLY TIMES, a news~per publish~ ~ Gr~n~rt, in s~ county: and ~at the noti~, of which ~e anne~ is ~ printc ~py, ~s ~en published in the ~d Suf~lk W~k~ Tim~ once in each w~k, ior .... 0.~e..[L ) ............. suc~ssively ~mmencing on ~e ...~LV~ ............. day of ~c~.~r 19.7~ Sworn to ~f~e me this . ~ ...... , W JOSEPH L~WRENCE TOV4NSEN~ ~ NOFARY PUBLIC OF NEW YORK Res~mg in Suffolk County CIks. No. 52 9366350 My ?remission Expire~ Msrch 30, 19_ F01~ ~0. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLEP, K'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL , .............. . . . . . . . ........... ....... ~..~.~. ............................................ ~re,~ Map ........ .)..~...~ ................. Block ...... ~..,..~... ............................ Lot ......~'..~, .................................... is -,%~.',:r,~ ...... ='..,~,.. :~d disapproved on the following grounds ...~J'~.. ~.~.?..0..'..~..0....~.',~..~.~~ ...~%~,, ....... ~..~../..~.o,.,.-:..~.~.i ................................................................... TO~N OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD .OF APPEALS, TOWN OF SOUTHO'LD, N. Y. ,, ................. ............. ............. ................................ ....... Municipal,ity ,State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ~. LOCAT,ON OF THE PROPERW ......... ..Z~.~..:..~...~ ................................... ~.~. ................. Street Use District on Zoning ,Mop Map No, Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning O'rdinance by number. Do not quote the Ordinance.) _/~/~T_~~-~c~ /0 o - 7 O ,~~~ ~,~_,~(~ 3. TYPE OF APPEAL Appeal is made herewith for (1)~,__ A VARIANCE to the Zoning Ordinance or Zonin9 Map : ( ) A VARIANCE due to lack of acces~;~ (State of New York Town Law Chap~ 62 Cons: Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal 'O",~i~.(has not) been made 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 a variance and was made in Appeal No ................................. Dated .................................................................... ) ) requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ,gTC.__ ~m Zal (Continue on other side) REASON FOR APPEAL Cbntln~ed STRICT'APPLICATION OF THE ORDINANCE WoUfd produce practical difficulties or unneces- sary..HARDSHIP!, bec~se vicinity of this property <=nd in this use district because 3. The Variance would observe the spirit of the Ordinance and'WOULD NOT CHANGE THE CHARACTER,OF THE D STRICT because COUNTY O ) Sworn to this ..................... .¢~....~... ................ day Notary Public ~o!~ No. ! TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined ........................................ , i9 ........ Approved ........................................ , 19 ........ Permit No ..................................... Disapproved a/c ............................................................................................ Application No ................................. (Building Inspector) APPLICATION FOR BUILDING PERMIT Dote ................................................. 19 ............ INSTRUCTIONS o. This application must be completely filled in by typewriter o~ in ink and submitted in triplicate to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets oF areas, and giving a detailed description of layout ofproperty must be drawn on the diagram which is part of this application. c. The work covered be/this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal' or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in, buildings for necessary inspections. (Signature of applicant, or name, if a corporation) (Address of applicant) ~' State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Name of owner of premises .................................................................................................................................................... if applicant is a corporate, signature of dul~, authorized officer. ................ ;~.i ......................... ;;~ ..................................... ;~ (Name and title of corporate officer) Builder's License No ..................................................... Plumber's License No ................................................. Electrician's License No ............................................. Other Trade's License No ............................................... 1. Location of land on which proposed work will be done. Map No.: ........................................Lot No ........ ~. ............... Street and Number .......................................................................................................................... Municipality 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Exisiting use and occupancy ' b. Intended use and occupancy ..................................................................................... :.t. ....................................... 3. Nature of work (check which apph~ab]e): New Building .................. Addit]o .................... Alteratign Repair .................. Renqo~a[ .................. Demolition .................... Other Work ................................................. (Desc r iption) 4. Estimated Cost ............................................................ Fee ......................................................................................... (to be paid on filing this app!ication) 5. f dwelling, number of dwelling units ............................ Number of dwelling units on each floor ..... ~ ...................... If garage, number of cars ............................................................................................................................................. 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ............................ 7. Dimensions of existing structures, if any: Front ............................ Rear ................................ Depth .................... Height ........................ Number of Stories ................................................................................................................ Dimensions of same structure with alterations or additions: Front ....................................Rear ........................... Depth ................................ Height ............................ Number of Stories ................................ 8. Dimensions of entire new construction: Front .................................... Rear ............................ Depth ........................ Height .................... Number of Stories ..................................................................................................................... 9. Size o~: lot: Front ........................................................ Rear .......................................... Depth ................................ 10. Date of Purchase ....................................................... Name of Former Owner ........................................................ 1 1. Zone or use district in which premises are situated .................................................................................................... ]2 Does proposed construction violate any zoning law, ordinance or regulation: ...Z.....;~. ..................... -. ...................... 13. Will lot be regraded . ........................... Will excess fill be removed from premises: ( ) Yes 14. Name of:Owner of premises .................................................... Address ................................ Phone No Ndme of Architect .............................................................. Address ................................. Phone No Nome of Contractor ............................................................ Address ................................ Phone No PLOT DIAGRAM Locete dearly and distinctly a[I buildings, whether existing or proposed, and indicate all set-beck dimensions from property lines. Give street and block number or description according to .deed, and show street names and indicate whether interior or corner lot. STATE OF NE~D. Y©~EJ(, ~' , -v ' f S.S COUN i , OF ................................ ................................................................................................ being duly sworn, deposes and says that he is the epp[icem (Na~e of individual s~gnmg contract) above named. He is the ................................................................................................................................................................................. (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make end file this application; that all statements contained in this applicetion are true to the best of his knowledge and belief; tha~ the work will be performed in the manner set fo~h in the application filed therewith. Sworn to befor~ me this ' - - ~7 , ........................ day of ............... : ............................. , 19 ....... Nota~ Public, . ............ '. ............ ; ......................... Coun~ ............................................................................................ ./ (Signature of applicant) ~ BO~EN Jqe. 52~03449oo ~' 30, ~ ~xpkes M