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HomeMy WebLinkAbout1767 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1767 Dated May 7, 1973 ACTION OF THE ZONING BOARD OF APPEALS O~ THE TOWN OF SOUTHOLD To Richard F. Mullen, Jr. 1835 Mill 0reek Drive West Southold, New Tork DATE l~......~....~.. ~ .. 1973 AppeLant at a meeting of the Zoning Board of Appeals on May 2/4, 1973 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property (X) Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By resolution of the Board B was determined th~ a ~edal exception ( ) be gra~ ( ) be &nied ~rsuant to ~t~le .................... Section .................... Sub~ction .................... paragraph .................... of the Zoning O~inanc~ and the decision of the Building Inspector ( ) be reversed ( ) be ce~med because 8~00 P.M. (R.S.T.), upon application of Richard F. Mullen Jr., 183~ Mill Creek Drive Weot, Seuthold, for a epeci~l exception in accordance with the Zoniag 0rdin~nce, Article Ir/I, Section 700 Bo Subsection ~, for permission to expand a ne~ and used car lot. Location of propertys south side Main Roads east by Mullenand othore$ south by Mullen$ west by Hobart Ro~d. Foe paid $1~.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) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use,districl because SEE REVERSE (c) The variance (does) (does not) observe the spirit 9f;~rdinance and (would) change the character of the district because ~s~,; (would not) SEE REVERSE and therefore, it was further d~d that the requested variance ( ) be granted ( that the previous decisions of Inspector ( ) be confirmed ( ) be reversed. ) be denied and SEE FORM ZB4 BOARD OF APPEALS ~rjorie McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to expand a new and used car lot on premises located on the south side of Main Road, Southold, New York. The Board agrees with the reasoning of the applicant subject to site plan approval of the Southold TowflPlanning Board. The Board finds that the public convenience and welfare and justice will be served and tho 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. THN~E~OI~IT WAS RESOLVED, Ricl~rd F. MLLllen, Jr., 1835 ~Lll Creek Drive West, Southold, Now. York,. bm GP~NTED permission to expand a new and used c~r lot located on the south side. of Main Road, Southold, as applied for, subject to the following conditions8 t. That on the southerly boundary of Lot No. 1, a buffer strip of lO feet of presently maintained trees b~m~intained. 2. Subject to site plan approval of the Southold Town Planning Board. Vote of the Boa~d8 Ayeot- Messrs8 Gillispie, Bergen, Hulas, Grigonie. 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, Southold, New York, on May 24, 1973, on the following appeals: Jr., variance in accordance with the Zoning Ordinance, Section 301 and the Bulk Schedule for permission property with less than required area. Location 7:45 P.M. (EoD.S.To), upon application of Richard F. Mullen, 1835 Mill Creek Drive West, Southold, New York, for a Article III, to divide of property: west side Hobart Road and horth side Korn Road, Southold, bounded north by Main Road; east by Hobart Road; south by Korn Road; and west by Mullen, Aksten, Zebroski, North Fork Bank & Trust Co., Turton and Albers. 8:00 P~M. (E.D.S.T.), upon application of Richard F. Mulien, Jr.~ 1835 Mill Creek Drive West, Southold, New York, for a special exception ~n accordance with the Zoning Ordinance, Article VII, Section 700 B, Subsection 4, for permission expand a new and used car lot. Location of property: ~outh side Main Road, east side Hobart Road, Southold, bounded north by Main Road; ess= by Mdllen and others; south by ~ullen; west by Hobart Road. 8:15 P.M. (E.D.S.T.), upon application of Lorraine W. Drury, Street, Apt. D-7, Brooklyn, New York, for a variance in with the Zoning Ordinance, Article III, Section 301 and ~he Bulk Schedule, for permission to divide lots with less than ~equired area. Location of proper=y: Lots 22 and 23, Map of Estates, Mattituck, New York. Legal Notice Page 2 8:30 P.M. (E.D.S.T.), upon application of John and Marie Hughes, Jr., 24 Clearbrook Drive, Smithtown, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, and the Bulk SChedule, for permission to construct dwelling on lot $69, Map of Cleaves Point, Section III, not on approved list under Article XVII, Section 1702 of present Zoning Ordinance or Article X, Section 1013 of old Ordinance. Location of property: Lot $69, Map of Cleaves Point, Section III. 8:45 P.M. (E.D.S.T.), upon application of John and Marie Ball 51 East 73rd Street, New York City, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, and the Bulk Schedule, for permission to construct dwelling on lot $74, Map of Cleaves Point, Section iii, not on approved list under Article XVII, Section 1702 of present Zoning Ordinance or Article X, Section 1013 of old Ordinance. Location of property: Lot $74, Map of Cleaves Point, Section III. 9:05 P.M. (E.D.S.T.), upon application of Joseph P. Dunne, Pine Neck Road, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, B-lQ, for permission to conduct a yard sale on June 30, 1973; rain date July 1, 1973. Location of property: north side Pine Neck Road, Southold, bounded north by Mullen; east by Founders Homes;south by Pine Neck Road; wesu by Oed. 9:10 P.M. (E.D.S.T.), upon application of St. John's Lutheran Church, Hicksville Road and Gail Drive, North Massapequa, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection B-2 and B-4, for permission I Legal Notice Page 3 to (1) have Mission Church; (2) have residence for director of mission church and his family; (3) have retreat center for members of church; and (4) have foster care of children by director and wife on emergency basis. Location of property: north side Sound View Avenue,9Southold, bounded north by Great Pond; east by D. Currie; south by Sound View Avenue; west by T. Martin, A. Marti~ Ranieri and others. 9:30 P.M. (E.D.S.T.), upon application of Cutchogue Methodist Church, Main Road, Cutchogue, New York, for a special exception · n accordance with the Zoning Ordinance, Article III,. Section 300, Subsection B-14, for permission to have yard sale on June 2, 1973. Location of property: north side Main Road, Cutchogue, New York, bounded north and east by Pawluczyk; south by Main Road; west by Cemetery. 9:35 P.M. (E.D.S.T.), upon application of Arlene Dittmann, Horton Road, Mattituck, New York, for ~ special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection B-14, for permission to have yard sale on June 9, 1973; rain date June 16, 1973~ Location of property: north side Eorton Road, Mattituck, bounded north by W. Dittmann, east by right of way a~d others; south by Horton Road; west by P. Meschino. 9:40 P.M. (E.D.S.T.), upon application of Ernest and Steila Radford, Main Road, East Marion, New York, for a special exception · n accordance with the Zoning Ordinance, Article III, Section 300, Subsection B-14, for permission to have a garage sale on July 7, 1973~ rain date July 8, 1973. Location of property: south side 4ain Road, East Marion, bounded north by Main Road; east by ~. Gardiner; south by G. Smith and others; west by W. Brooks Est. Legal Notice Page 4 9:50 P.M. (E.D.S.T.), upon application of Mr. and Mrs. John McAlonan, Stillwater Avenue, Cutchogue, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection B -14, for permission to conduct yard sale on May 26, 1973; raln date June 2, 1973. Location of property: east side Stillwater Avenue, Cutchogue, Lots 92 and one half of 93, map of M. S. Hand, Cutchogue, N.Y. 9:55 P.M. (E.D.S.T.), upon application of Cutchogue-New Suffolk Historical Council, Main Road, Cutchogue, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection B-14, for permission to have Outdoor Antiques Flea Market on July 7, 1973. Location of property of Cutchogue Independent Congregation Society, property: ./south side Main Road, Cutchogue, bounded north by Main Road; east Case Lane; south by S. Salter and others; and west by Presbyterian ~a=sonage. 10:00 P.M. (E.D.S.T.), upon application of Muriel H. Schwab, Post O~fice Box 976, Nassau Point Road, Cutchogue, New York, for a special exception in accordance with the Zoning Ordinance, Articl III, Section 300, S~bsection B-14, for permission to conduct garage sale on May 26, 1973; rain date May 27, 1973. Location of property: north side Nassau Point Road, Cutchogue, New York, tot 986, Map of Nassau Point Properties. 10:05 P.M. (E.D.S.T.) , upon application of Stanley Poole, 9475 Main Road, East Marion, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection B-1 for permission to conduct yard sale on May 28, 1973. Location of property: north side Main Road, East Marion, New York, bounded north by R. Long; east by S. Moratis; south by Main Road; west by J. Jetter Est. Legal Notice Page 5 i0:10 P.M. (E.D.S.T.), upon application of East Marion Baptist Church, Main Road, East Marion, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, ~ubsection B-14, for permission to conduct food sale and sale of quilts, etc., on July 7, 1973, on property of Mrs. Robert Amott. Location of property: north side Main Road, East Marion, bounded north by Dzenkowski; east by East Marion Post Office; south by Main Road; west by O. Angell. In case of rain to be held at East Marion Fire Hall. Location: north side Main Road, East Marion, bounded north by Dzenkowski; east by Dzenkowski._; south by Main Road; west by East Marion Post Office. 10:15 ~.M. (E.D.S.T.), upon application of Carol and John Pl6ck, Jr., North Bayvlew Road, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article iii, Section 300, Subsection B-14, for permission to conduct yard sale on June 9, 1973; raln date June 10, 1973. Location of property: Private Road off North side North Bayvlew Road, Southold, New York. i0:20 P.~. (E.D.S.T.), upon application of Alma E. Pulese, Oak Drive, Raydon Shores, Southold, New York, for a spe~&al exception in a¢codance with the Zoning Ordinance, Article III, 300, Subsection B-14, for permission to conduct garage Section sale on May 28, 1973; rain date June 2, 1973. Location of property north side West Shore Drive, west side Oak Drive, Lots 1 and 2, and part of 3% Section B, Map of Reydon Shores. Legal Notice Page 6 10:25 P.M. (E.D.S.T.), upon application of Judie Lizewski, Main Road, Cutchogue, New York, a/c Cutchogue Cartwheels and Cutohogue Golden Girls 4-H, for a special exception in accordance with the Zoning Ordinance, Article III~ Section 300, Subsection B-t4, for permission to have a yard sale on May 26, 1973; rain date May 28, 1973. Location of property: north side Main Road, east side Depot Lane, Cutchogue, bounded north by K. Bialecki; east by K. Bialecki; south by Main Road; wesu b~ Depot Lane. 10:30 P.M. (E.D.S.T.), upon application of Henry Santacroce, 870 Richraond Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 for permission to divide property with less than required area. Location of property: west side Richmond Road, Southold, bounded north by Gary Winters; east by Richmond Road; south by Mill Creek Drive; west by Cassidy and others. Dated May ~1, 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, ~wL~y 17t 1973, AND FORWARD NINETEEN ~(19) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on May i1, 1973: The Long Island Traveler-Mattituck Watchman The Suffolk Weekly Times Dickinson & Nickles, Inc. a/c Richard F. Mullen Lorraine W. Drury John and Marie Hughes, Jr. John and Marie Ball Joseph P. Du~ne St. John's Lutheran Church Cutchogue Methodist Church Arlene Dittmann Ernest and Stella Radford Mr. and Mrs. John McAlonan Cutchog~e-New Suffolk Historical Council Muriel H. Schwab Stanley Poole 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, Southold, New York, on May 24, 1~9'~/3, on the following appeals: ~r- 7:4~ P.M. (E.D.S.T.), upon application of Richard F. Mullen, Jr., 1835 Mill Creek Drive West, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission to divide property with less than required area. Locatian of property: west side Hobart Road and naa'th s~de Korn Road, Suuthold, bounded north by Main Road; east by Hobart Road; south by Korn Road; and west by Mullen, Aksten, Zebroski, North Fork Bank & Trust Co., Turton and Albers. ~ 8:00 P.M. (E.D.S.T.), upon application of Richard F. Mullen, Jr., 1835 Mill Creek Drive West, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article VII, Section 700 B, Subsection 4, for permission expand a new and used car lot. Location of property: south side Main Road, east side Hobart Road, Southold bounded north by Main Road; ission to conduct garage ~P~e~n May ~8, l*J't3; rain date June '~, 1975. Location of property: north side We~t Shore COUNTY OF SUFFOLI~, ] STATE OF NEW YORK, ~ ss: ........ $~l~ar.t..q, .]~Q~an .............. being duly Sworn, says that . .he.... is Printer and Publisher of the SUFFOLK WEEKLY TIldES. a newspaper published ~rt Greenport. in said county: and that the notice, of which the annexed is a printed copy, has been published in the suid Suffolk Weekly Times once in each week, f~r ........ o.n..~ ................ weeks successiv~:ly commencing on t~e ..... .s.e.v.e.n.t.e..e.n.t~ ......... dan/ of ......~ ~~C- · .~- - -~- · -~. -~- · · · · Sworn to befo3re me this ..~..~. ~. .... NOTICE OF HEARINGS Town Law and the provisions of the Amended Building Zone Ordinance of the Town of South- old, 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, and May 24, 197~, on the following appeals: ~ , 7:45 P. M. (EDST), upon ap- plication of Rtcl~ard F. Mallen, Jr., 1835 Mill Creek Drive West, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article I1~, Section 301 ;and the Bulk Sch~d-I ale for permission to divide prop-~ arty with less than required area.l~ Looatinn of property: west Side~ H0~.ar.t~.._R_.oad-~n_d n~t~h '~!de ~Korn Head, Southold. bounded north by Main Road; east by I-Iobart Road; 'south by Kern Road; and west hy Mullah, ~ten. Zebroski. North Pork Bank & Tr~st Co_..~-rurton and Albers. plication of Richard F. Malien, Jr., 1835 Mill Creek Drive West, Southold, New York, for a special exception in accordance with the Zoning Ordinance, tion 4. for permission to expand of property: south side Main Road, east side Hobart Road. Southold. bounded north by Main Road; east by Mullah and others; south by Mullah; west by Hobart Road. 8:15 P. M. (EDST), upon ap- plication of Lorraine W. Drtlry, 138-719t street, Apt. D-7, Brook- accordance with the Zoning Or~ dinance, Article III. Sectinn 301 and the Bulk Schedule. for per- mission to divide lots with less than required area. Location of property: lots 22 and 23. Map of Msttituck Estates, Mattituck. 8:30 P. M. (EDSTL upon ap- plication of John and Marie Hughes, Jr. 24 Clearbrook Drive. Smithtown, New York, for a var- iance in accordance with the Zoning O~dinance, Article III. Section 301, and the Bulk Sched- ule, for permission to construct dwelling on lot NO. 69, Map of Cleaves Point. Section IIL not on approved list under Article XVII. Section 1702 of present Zoning Ordinance or Article -~, Section 1013 of old Ordinance. 69, Map of Cleavez Point, Sec- 8:45 P. M. (EDST). upon ap- plication of John and Marie Ball, 51 East 73rd Street, New York City, New York, for a vari- ance in accordance with the Zon- ing Ordinance, Articis III, Sec- tion 301, and the Bulk Schedule. for permission to construct dwelling on lot No. 74, Map of on approved list under Article Zoning Ordinance or A~icle X. Section 1013 of old Ordinance. Location of Property: Lot NO. 74, Map of Cleaves Point, Section 9:05 P. M. (EDST), upon ap- plication of Joseph P. Pine Neck Road, Southold, New York, for a special exception in accordance with the Zoning Or- dinance, Article III, Section B-14, for pei~mission to conduct a yard sale on June 30, 1973; rain date July 1, 1973. Location of property: north side Pine Neck Road, Southold, bounded no/th by Mullah; east by Founders Road; west by Oed. June 2. 1973. Location of prop- arty: east side Stillwater Avenue, CutchogUe, Lots No. ~ and one half of NO. 3, map el S. Hand. Cutchogue. N. Y. 9:55 P. M. (EDSTI, upon ap- plication of Cutchogue-New Suf- folk Historical Council. Main Road. Cutchogue. New York, for a special exception in accordance with the Zoning Ordinance, Ar- ticle III. Section 300, ~Subsection B-14, for oermissinn to have Outdoor Antiques Flea Markei on July 7. 1973. Location of property of Cutchogue Independent Con- gre~atinn Society. ore.arty :' south side Main Road. Cut- chogue, bounded north b~ Main Ro~d; east Case Lane; s~qth bv S. Salter and others: and west of Muriel H. Schwab. Poidt Road, Cutcho~ue. New accordance with the Zonine Or- dinanee~ Article 7YI. Section 900. 26, 1973; rain dote MaY 27. 1973. New York. lot No. R6. Map of ulicatinn of Stanley Peele, 9475 Main Road. East Marion. for a COUNTY OF SUFFOLK } 95: STATE OF NEW YORK C. Whitney Booth, Jr., being duly sworn, s thor he is the Editor, of THE LONG ISLA TRAVELER - MAI-rlTUCK WATCHMAN, o public ne paper printed et Southold, in Suffolk County; and i the notice of which the annexed is a printed copy, has b published in said Long Island Troveler-Mettituck We men once eoch week for ....J~.-~?~--~...-.(.,~/-- '~" w: successively, commencing on the ............... .~..-..~..-.."~?' day of .......... · · .~/~/-- · ~f-'~Z/~'~ ........ 197 ',/~'"~"' ........................... ....... Sworn to before me this ........ /..--~..- ...... d, ........ No 52.304~000 ~ TOWN OF SOUTHOLD, NEW YORK At~PLICATION FOR SPECIAL EXCEPTIOi~ TO TILE ZOi'U-N-G BOA.RD OF APPEALS, SOUTHOLD, N. Y. Nm-ne Stree~ and Ntunber Southold No ¥. _~Iunicipality State hereby apply to TITE ZONING BOAI~D OF At~I~F~ALS for a SPECIAL EXCEPTION in accordance %vith the ZONINO OI{DINANCE ARTICLE VII SECTION sLrBSECTiON TP~ SPECIAL EXCEPTION IS REQUESTED BECAUSE ~1 Zone property is purchased to expand a new and used car lot which is existing on east side of premises in question. FO~%,I ZB2 i Or;~