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HomeMy WebLinkAbout1712 TOWN OF SOUTHOLD, ~TEW YORK ACTION OF THE ZONING BOAI~D OF APPEALS Appeal No. 1712 Oa~d Janaary 11, 1973 ACTION OF T~ ZONING BOA~ OF APPE~S OF T~ TOWN OF SOUTHO~ To Joseph Frohnhoefer Main Road Southold, Mew York Appellant at a meeting of the Zoning Beard of Appeals on Hearing 1/25/73 : 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 ( ) Decision 2/l~e7~ppeal I. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Axtiele .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8:20 P.M. (E.S.T.), upon application of Joseph Frohnhoefer, Main Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 701 and Bulk Schedule for permission to build addition to store with insufficient setback and side yard. Location of property: south side of I~ain Road, Southold, New York, bounded and described as follows: north by ~iain Road; east by Southold 0fl Co. and others; south by' C. Turner; west by' D. Rothman. 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 SEE REVERSE practical difficulties (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 n~) 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 ( ) he reversed. SEE REVERSE A¢~)~V/F~ / ZONING B, OAED O~_,APpE.~ALS ~ After investigation and inspection the Board finds that applicant requests permission to build addition to store with insufficient setback and sideyard on property located on the south side of Main Road, $outhold, New York. The Board finds that the sales area will be 4,100 sq. ft. or less; that the required parking area will be 14, 3~0 sq. ft. or more; the building, itself, will have ~,?~3 sq. ft. maximum dimensions. The Board has determined that the total square footage of the old building and the new building , as combined, will be ~,7~3 sq. ft. The required paved parking area is based on a formula of 41 x 3~0. The Board finds that the adjoining buildings to the west owned by Rothman Electric Co. are one (1) foot off the line, and the buildings across Youngs Avenue- Bohack, TV, and gas station are one (1) foot off the line. The Board also finds that applicant owns contiguous parking which is in Business zone and which could be used if necessary. However, it is not a requirement of this action that this parking be combined with applicant's lot. The contiguous property is used partially' for residential purposes and partially as a traffic exit on to Youngs Avenue. 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 Joseph Frohnhoefer, Rain Road, Southold, New York, be GRANTED permission to build addition to store with insufficient setback and side yard on premises located on the south side of Main Road, Southold, New York, as applied for, su%ject to the following condition: That applicant shall furnish an exit over his contiguous property to Youngs Avenue. Entrance shall be from Main Road. Vote Hulse. of the Board: Ayes:- Messrs: Gilllspie, Bergen, Grigonts, 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 January 25, 1973, on the following appeals: 7:30 p.m., E.S.T., upon application of Adolph Breitenbach, Jr., Main Road, Aquebogue, N.Y., a/c John Loper, School House Lane Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 C-2, for permission ~o put a swimming pool and fence in side yard area. Location of property: South side of Pike Street, Mattituck, N.Y., bounded and described as follows: north by Pike Street; east by Hudson/ Tuthill; south by Browne/Waldvogel; west by Maple Avenue. 7:40 p.m., E.S.T., upon application of Ethel E. Wortis, South Harbor Road, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, B-l, for permission to make two family dwelling out of existing dwelling. Location of property: west side of South Harbor Road, Southold, bounded and described as follows: north by Stankewicz and Morton; east by South Harbor Road and others; south by Richmond Creek; west by Richmond Creek. 7:50 p.m., E.S.T., upon application of Terry S. Triades, 164-01 32nd Avenue, Flushing, New York, a/c Istepan Minakyan and Semun Bedikoglu, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to sell lot with less than required width. Location of property: north side of Sound View Avenue, Mattituck, Minor Subdivision 944, Lot 92, bounded and described as follows: north by Long Island Sound; Legal Notice Page 2 south by Other land of applicant; south by Sound View Avenue; west by other land of applicant. 8:00 p.m., E.S.T., upon application of William Manning, 1507 South 7th Street, Aberdeen, South Dakota, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 for permission to divide property with less than required area and frontage. Location of property: west side of Beebe Drive, Cutchogue, New York, bounded and described as follows: north by J. Ha~aier and wife; east by Beebe Drive; south by J.T. Beebe; west by Eugenes Creek. 8:10 p.m., E.S.T., on motion of Board of Appeals to reconvenE hearing on Application ~84, George G. Wetmore, Island View Lane, Greenport, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, C-6, d and f, for permission to maintain ground sign on premises located west side of Main Road, Greenport, bounded and described as follows: north by Albertson Lane; east by Main Road; south and west by A. Cassidy and others. 8:20 p.m., E.S.T., upon application of Joseph Frohnhoefer, Main Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 701 and Bulk Schedule for permission to build addition to store with insufficient setback and side yard. Location of property: south side of Main Road, Southold, New York, bounded and described as follows: north by Main Road; east by Southold Oil Co. and others; south by C. Turner; west by D. Rothman. Legal Notice Page 3 ~8:30 p.~'.~, E.S.T., upon application of Charles A. Gagen, Pine Neck Road, Southold, Hew York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to set off lots with less than required area and frontage. Locatio~ of property: south side of Clearview Avenue, Southold, New York, Sounded north by Clearview Avenue; east by Gagen's Landing RQ~d; south by John Gagen; and west by School 8:40 p.m., E.$.T., upon application of Theodore and Jacqulin~ Bittner, Soundview Avenue, Southold, for a special exception in accordance with th~ $oning Ordinance, Article III, Section 300, B-12, fo~ permission to amend his special exception to build an enclosed riding and training ring in a building to be located north of the present riding ring. Location of property: south side of So~d View Avenue, Southold, N.Y., bounded north by Sound View Avenue; east by Booth and Lebroski; south by County ROad 27 (Middle Road); west by S. Sepen0ski Any person d~$iring to be heard on the above applications should appear at the time and place above specified. Dated: January 12, 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, JANUARY 18, 1973, AND FORWARD EIGHT (8) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Pursuant to Section 267 of Town Law and the provisions the Amended Building Zone dinance of the Suffolk County. New York. hearin~ will be held by of Southold. at the Town Main Road. Southold lowing appeals: 7:30 P~ M.. EST. upon appl[d cation of Adolph Breitenbach Main Road, Aquebogue, N. a~c John Loper. School Lane. Mattituck. New York, a variance in accordance the Zoning OrdinaHce. III, Section 300 C-2. for permi~ sion to put a swimming Baal fence in side yard area. of property: South side of Street. Mattituck, N. Y., and described ss follows: by Pike Street: east by Tuthill: south vogel: west bv Maple Avemle. 7:40 P. M.. ut)on application Ethel E. Win'tis, South Road. Southold: New York. for special exceot!on in with the Zoning Ordinance. A~ permisqon to make two dwelling out of ex!stinq , Location of property: we~t ~idc South Harbor Road, Smd,ho] bounded and described as north by Stankewicz an, east by South Harbor Road others: south by Creek: ~est by Richmond a2nd Avenue, Plushin~. New frontage. Locat/on of west side ofBe~DiDriv 'ut- chogue, New York.~Urnd,.~ and described a~ follows: /~rth by J. Hataier and wife; east b~ Beebe Drive; south by J. T. Beebe~, ,west Eugenes Creek. I:10 P. M. EST, on motion of Appeals to reconvene on Application No. 84, G. Wetmore. Island View Oreenport, New York. for ~J' Special exception in accordance Wi~h the Zoning Ordinance. Ar- t~ele III, Section 300, C-6, d and f, for permission to maintain sign on premises located side of Main Road. Oreen- bounded and described as , Albertson Lane: · t by Main Road: south and ~t by A. Cassidy and other.~ ~:20 P. M., EST. upon appli~ of Joseph Frohnhoefer Road. Southold, New York variance in accordance witlq Zoning Ordinance. Arl!cle ~f/. Section 701 and Bulk Sched i for portal,ion to build addi ~ to store with insufficient se' and side yard. Location ~ south side of Mai Southold, New Yor and described as follows by Main Road; east b; Oil Co and others by C. Turner; west by P. M.~EST. upon aDpl~ A. Gagen, Pine Road, Southold, New Yin'k, a variance in accordance with Zoning Ordinance, Article Section 301. for permission off tots with less than re- area and frontage. Loca- of property: south side of Avenue. Southold. New bounded north by Clear- Avenue; east by Gagen's Road; south by Johll west by Sehoof. mun Bedikoalu. far a variance i 40 P. M., EST, upon appli- less th~n required width. L~catio ccordance with the Zoning of prooertv: nm'th ,ida of ,qmm~inanee. Article III. Section B-12, for permission to a- apolicant old. N. Y.. bounded north COUNTY OF SUFFOLK [ ss: STATE OF NEW YORK [ C. Whitney Booth, Jr., being duly sworn, say--_ that he is the Editor, of THE LONG ISLAN£ TRAVELER - MATTITUCK WATCHMAN, a public news paper printed at Southold, in Suffolk County; and thai the notice of which the annexed is a printed copy, has beer published in said Long Island TraveJer-Mottituck Watch man once each week for .......... ~w~z-/~, .~,.Z./.,. week~ successively, ~mmencing on the ............ /..~.....(~.'~. ........... dayof ....... · Sworn to before me this ....... Z.?. ........ day o ....... ....... .......... ....... .... SS, 197~ 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 January 25, 1973, on the following appeals: 7:30 p.m., E.S.T., upon ap- plication of Adolph Breitenbach, Jr., Main Road, Aquebogue, N.Y., a-c John Loper~ School House Lane, Mattitock, New York, for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 300 C-2, for permission to put a swimming pool and fence in side yard area. Location of property: south side of Pike Street, Mat- tituck, N.Y., bounded and described as follows: north by Pike Street; east by Hudson- Tuthill; south by Browne- Waldvogel; west by Maple Avenue. 7:40 p.m., E.S.T., '~pon ap- plication of Ethel E. Wortis, South Harbor Road, Soutbold, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, B-l, for permission to make two family dwelling out of existing dwelling. Location of property: west side of South Harbor Road, Scuthold, bounded and described as follows: north by Stankewicz and Morton; east by South Harbor Road and others; south by Richmond Creek; west by Richmond Creek. 7:50 p.m., E.S.T., upon ap- plicution of Terry S. Triades, 164- 01 32nd Avenue, Flushing, New York, a-c Istopan Minakyan and Scmun Bedikoglu, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to sell lot with less than required width. Location of property: north side of Sound View Avenue, Mat- tituck, MAnor Subdivision No. 44, Lot No. 2, bounded aad described as follows: north by Long Island Sound; south by other land of applic~a~t; south by Sound View LEGAL NOTICE (Continued from page 19) Avenue; west by other land of applicant. 8:00 p.m., E.S.T., upon ap- ptication of William Manning, 1507 South 7th Street, Aberdeen, South Dakota, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to divide property with less than required area and frontage. Location of property: west side of Beebe Drive, Cutchogue, New York, bounded and described as follows: north by J. Hataier and wife; east by Beebe Drive; south by J.T. Beebe; west by Engenes Creek. 8:10 p.m., E.S.T., on motion of Board of Appeals to rocooveae hearing on Application No. 84, George G. Wetmore, Island View Lane, Greenport, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, C-6, d and f, for permission to maintain ground sign on premises located west side of Main Road, Greenport, bounded and described as follows: north by Alberisen Lane; east by Main Road; south and west by A. Cassidy and others. 8:20 p.m., ES.T, upon ap-{ )lication of Joseph Frohnheefer, Main Road, Southold, New York, for a variance in accordance w th the Zoning Ordinance, Article VII, Section 701 and Bulk Schedule for permission to build addition to store with insufficient setback and side yard. Location pf property: south side of Main _~o~ad_, Southold, New Y_or~k~ COUNTY OF SUFFOLI(, ] STATE OF I~EW YORK, } ss: ....... .St;, .t~..r..t..C.....D.o., .r!l~.n' ............ being duly Sworn, says that . .11¢... is Printer and Publisher of lhe SUFFOLK WEEKLY TIMES. a newslMpor published ~t Greenport. in said county; and ~hat the notice, of which the ~v-nexed is (s printed copy. has been published in the said Suffolk Weekly Times once in each week, ~ ..... Ortfi .................. weeks successively commencing on the . .e.~.~h..t;.e.e..n.t;.h. ............ day of ..... ~ ~l~ta~. ....... 19. Sworn to before me this .... ~.~.... /~j oS Ep H,,2(AW R IN C'E TOVV N S £~ O ~ NOTAF~F ?lJ3til]' ?' NEW' ~ORK ...................... ,~ //RRes n',~ n Sufia!k C/unty  bounded and described as follows: north by Main Road; east by Southold Oil Co. and others; south by C. Turner; west by D. Rothman. ~ 8:30 p.m., E.S.T., upon ap- plication of Charles A. Gagen, Pine Neck Road, Southold, New York, for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 301, for permission to set off lots with less than required area and frontage. Location of property: south side of Clearview Avenue, Seathold, New York, bounded north by Clearview Avenue; east by Gagen's Landing Road; south by John Gagen; and west by Scheef. 8:40 p.m., E.S.T., upon ap- plication of Theodore and Jacquline Bittner, Soundview Avenue, Southold, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, B-12, for permission to amend his special exception to build an enclosed riding and training ring in a building to be located north of the present riding ring. Location of property: south side of Soundview Avenue, Southold, N.Y., bounded north by Soundview Avenue; east by Booth and Lebroski; south by County Road 27 (Middle Road); west by S. Scpenoski. Any person desiring to be heard on the above applications should appear at the time and place above specified. Dated: January 12, 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS FO]~I NO. ~ TOWN OF SOIJTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD~, N. Y. PLEASE TAKE NOTICE that your application da d ............ ~../..: .............................. , .......... for parmit ta constr~ct ....... .....';.. ~'..~...;~..; .......... at tk~ premises Iocafad at ........~...~. ........................... '- ~-~~' disapproved' the following' rounds ~ ~ '~'¢/~ Building Inspec~r TOWN OF SOUTHOLD, NEW' YORK APPEAL~ FROM DECISION OF BUILDING INSPECTOR. APPEAL NO. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) JOo~z%d d _ Name of Appella,nt Street and Number SOU !HOLD NY N.Y. ................... :~ ............................................................................... .~ .................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUI~LDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...... ~.~¢..,.-../......~e~.,4-' ..................... Nome of Applicant for permit of Street and Number Municipality State ¢ PERM,T TO USE OCCU ¢NCY 1i. LOCATION OF THE PROPERTY M;iZN RD "3-I" Street Use District on Zoning Map ~. ~{ ~Ou~HO~D TOWN _,, Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Par~-the Zoning Ordinaqce by number. Do not quote the Ordi,nonce.) TYPE OF APPEAL Appeal is made herewith for A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws 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 eppeal was ( ) request for a special permit ( ) request for a variance 'and was made in Appeal No ................................. Dated ................................... ; .................................. REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (]~ A Variance to the Zoning Ordinance ( ) is requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficu[ties or unneces- sary HARDSHIP because 2. The hardship created is UNIQUE and is not shared by all properties ahke in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because OUR ..... --,'~',~T ,T:Z ~CL,i,,iA±zX, .~i~-~ ~0 b~V~L',i .... ~_, COUNTY OF~bq%oX\J ss . Sworn to this ............................................... doy of .......... .~..~.~M~.%..k%.,~. ...................... ~9 '-7~ Notary Public TERRI LEE ELAK NOTARY PUBL!O, State of New York · No. 52-6~68295 Qualified tx Su ::i~ ,3cu:~ty Commission EX'~'- ;ass 33, 19 Suffolk County Department of l~l~_~,~ug Veterans Memorial Highway H&uppauge, New York 11787 February 27, 1973 Mr. Robert W. Gillispie, Chairman Town of Southold Zoning Board of Appeals Box 296 - Main Road East Marion, N. ¥. 11939 Dear Mr. Gillispie: 1~ etitioner : M~m: File No, : S. CoP. D. File No.: Joseph Frohnhefer Electric 1712 SD-73-7 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the ~bove captioned application which has been re- ferred to the Suffolk County Planning Ccn'nmission is considered to be a matter for local determination, The decision of local determina- tion should not be construed as either an approval or a disapproval. With the understanding that adequate offstreet parking is to be Comments: provided on subject premises in conformance with the zoning ordinance. GGN:ec by Respectfully yours, TOWN CLERK 76S-3783 Building. Dapt I Planning Bal. 765-2660 Board of Appeals Town Of $outhold TOWN CLERK'S OFHCE Main Road Sou~old, N. Y. 11971 Pursuant to fha General Municipal Law, Chap'rer 24, of {he Consolidated Laws, Article 12-B, Sections 239-1 end m, the ~,3~..~'..APPa&'Is ............. of the town of Southold, N. Y. hereby refers {'he following (agency involved1 proposed zoning a~Jon to {he Suffolk County Planning Commission: [check oneI ............ New and recodified zoning ordinance ............ Amendment to {he zoning ordinance ............ Zoning changes ............ Special permits ..,~ Variances Location of affected land: ...... S~$..Z4a;Ln...Road ..... bet~een...Yo~.§s...Ave..&..Mee~ta~,e..~t within 500 feet of: (check one or moreI Southold ! N .Y · ..; ......... Town or village boundary line ..:.~XX State ~ road, ~ ............ State or county ,p~rk or recreation area ............ Stream or drainage channel owned by the county or for which the county has established channel lines ............ State or county owned parcel on which a public building is situated Comments: ~he Board has studied the "off str,~et parking" and finds this premises can meet th~, ordinance requirements and have "in and out" traffic pattern that will not disrupt main read traffic - as the outlet on side street can go south ar, d exit on a 'public loop read" o~ th main road where ther$ is a traffic light. Setback in b]ock is 0 to lft~ no variance needed. Other properties have no side yar~ setbacks. D Application a~'proved as aFplied for are...Fe~b...21.;....1.973 ................. (signed') V {.~ ............. Chai~ma.n.r..B4.. &ppea.~L s .................. Title Date received by Suffolk County Planning Commission ........................................................................ Fib No .................................