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Home My WebLink About1737 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONI~qG BOARD OF APPEALS Appeal No. 1737 Dated March 8, 1973 ACTION OF THE ZONING BOARD OF APPEALS Ol~ THE TOWN OF SOUTHOLD To ]~doho Corporation 320 Pl'ont Street Greenpert, N. Y. DATE irma.oh...29, 1973 AppeHant at a meeting of the Zoning Board of Appeals on Mar oh 29, 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 th~ Zoning Ordinance ( ) the appeal 1. SPECIAL F~CEPTION. 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 I~spector ( ) be reversed ( ) be confirmed because 8:30 P.M. (E.S.T.), upon application of 2dcho Corporation, 320 Pront Street, Greenport, New York, for a special exception in accordance with the Zon'ihg Ordinance, Article VII, Section 700 B4, for permIssien to operate public garage. Location of property: north side Sound A~en~e, Mattituck, bounded north by L. I. Railroad; east by A. Tuthtll; south by Sound Avenue; west by &. Palkovich. 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 difficulties hardship because agl~ REVER~E (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 ~EE REVER~E (c) The varial~ce (does) (does not) observe the spirit of the Ordinance and (would) chan~e the character of the district because REVERSE (would not) and therefore, it was further determined that the requested variar~ce ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. S~I~ REVERSE _t~}~,r~ _ . ,,,_-. /1 MarJorie McDermott, Secretary After investigation and iaspection the Board finds that applicant requests permission to operate public garage on premises located on the north side. of Sound Avenue, Mattituck, l~ew York. The flndl~gs of the Board are that this is an undersized parcel already tenanted by three families and that it would be too intensive a use for the area involved, which is approximately one half acre. The Board does not agree that the proper remedy for a fire hazard is to create a new business. The Board finds that the public convenience and welfare and Justice will not be served and the legally established or permitted use of neighborhood property and adjoining use districts will be permanently or substantially injured and the spirit of the Ordinance will not be observed. THER~ORE IT WAS RESOLVED Edcho COrp.., 320 Front Street, Greenport, New Ysrk, be DENI~D permission to operate public garage on the north side of Sound'Avenue, Mattituck, New York, for the reasons ~ta%ed. Vote of the Board~ Doyen. A~es:- Messrs: Gillispie, Bergen, ~lse, 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 Southoid, at the Town Office, Main Road, Southold, New York, on March 29, 1973, on the following appeals: 7:30 P.M. (E.S.T.), upon application of Gordon G. Bishop, 600 Clearview Avenue, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 C4 and Section 302, for permission to construct private garage in front yard area. Location of property, west side Gardiners Lane and south side ClearVisw Avenue West, Southoid, bounded north by Ciearview Avenue West; east by Gardiners Lane; south by Dart; west by John Mulhall. 7:40 P.M. (E.S.T.), upon application of James F. Murray, Vanston Road, Nassau Point, Cutchogue, New York, for a variance Article iii, Section 301 and the in accordance with the Zoning Ordinance/Bulk Schedule, for permission to divide property with less than required area and frontage. Location of property: Lots 4 and 5, Map of Peconic Bay Properties, Inc. 7:50 P.M. (E.S.T.), upon application of Dante H. Catullo, 15 Rossiter Avenue, Yonkers, New York, for a variance in accordance with the Zoning Ordinance Article III, Section 301 and Bulk Schedule, for permission to divide property with insufficien~ area and frontage. Location of property : north side Bailey Beac Road, Mattituck, bounded north by other land of applicant; east Legal Notice Page 2 by right of way and Gatz; south by Bailey Beach Road; west bY J. Little. 8:00 P.M. (E.S.T.), upon application of Joseph and Mary Kirwin, Bay Avenue, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article Iii, Section 301 and Bulk Schedule, for permission to divide property with less than required area and frontage. Location of property : Lots 9118 and 119, Map of~Nassau Farms, Peconic, New York. 8:05 P.M. (E.S.T.), upon application of Carl and Frances Chapman, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article iii, Section 303 and Bulk Schedule, for permission ~o construct dwelling with less than required setback. Location of property: Lot 912, Map of Salt Lake Village, Mattituck, New York. 8:15 P.M. (E.S.T.) , upon application of Elizabeth A. Allen, and Jane Chambers, 280 Henderson Street, Jersey City, New Jersey, for a variance in accordance with the Zoning Ordinance Article iii Section 300, for permission to use existing accessory building as dwelling. Location of property: west side Stars Road, East Marion, bounded north by Stars Road West; east by Stars Road; south by Philip Frum. enti; west by Balders, Weiss and others. 8:30 P.M. (E.S.T.), upon application of Edcho Corp., 320 Front Street, Greenport, New York, for a special exception in accordance with the Zoning Ordinance Article VII, Section 700 B4, for permission to operate public garage. Location of property, north side Sound Avenue, Mattituck, bounded north by L.I. Railroa~ east by A. Tuthill; south by Sound Avenue; west by A. Palkovich. Legal Notice Page 3 8:40 P.M. (E.S.T.), upon application of Williams Constructi~ Inc., 320 Front Street, Greenport, New York, for a variance in of the Zoning Ordinance accordance with Article III, Section 303~ for permission ~o construct dwelling with less than average setback. Location of property: east side Corey Creek Road, Southold, bounded north by E. Hau; east by A. Meyer; south by J. Dunker; west by Private Road, Corey Creek Road. 9:00 P.M. (E.S.T.), upon application of Robert E. Levy, Harbor Lights Drive, Southo!d, New York, for a variance in accordance with Article Iil, Section 300 C3 and Section 302, Of the Zoning Ordinance, for permission to construct garage in front yard area. Location of property: Lot ~8, Map of Harbor Lights Estates, Section One, Southold. 9:10 P.M. (E.S.T.), upon application of Dorothy M. Robohm, Main Road, Southo!d, New York~ for a variance in accordance with the Zoning Ordinance, Article Iil, Section 301 and Bulk Schedule, for permission to divide property with less than required area. Location of property: northeast side of Youngs Road, Southold, bounded north by C. Schwarz; east by Midfarm Road south by H. Conroy and J. Frass; west by Hill Road. 9:20 P.M. (E.S.T.), upon application of Sarah E. Giliespie, Smith Drive North, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 Ci for permission to use building as doctor's office, doctor does not live in same building. Location of property: east side Mapl~ Lane, Southold, bounded north by B. Hetlman; east by L. Edson; south by D. Pettit; west by Maple Avenue (Private Road). LEGAL NOTICES NOTICE OF HEARINGS Pursuant to Section 267 of the Town L~w and the provisions of the Amended Buiding Zone Ordi- nance of the Town of Southold, Suffolk County, New York, public hearings will be held by the Zon- ing Board of Appeals of the Town of Southold, at the Town Office. Main Road, Southold, New York, on March 29, 1973, on the follow- Lng appeals: 7:30 P. M. (ESTI. upon appli- cation of Gordon G. Bishop, 600 Clearview Avenue. ~outhold. New York, for a variance in accord- ance with-the Zoning Ordinanc?. Article III, Section 900 C4. al~d Section 302, for permission to construct private garage in £rgnt yard axes. Location of propertL west side Osrdiners L~ne had south side Clearview Avenue ~ l~st, Seuthold, bounded no~r/h by Clearview Avenue We~f east by Gardiners Lane; sou.th by Dart; west by John Mulh~ll. 7:40 P. M. (EST). upon appli- cation of Ja~nes F. Murray Vanston Road. Nassau Point, Cutchogue. New York, for a var- iance in accordance with thc Zoning Ordinance Article III, Sec- tion 301 and the Bulk Schedule. ior permlssicn to divide preperty with less than required area and frentage. Location of proper~y: Lots 4 and 5. Map of Peconic Bay Properties. Inc. 7:50 P. M. lEST), upon appli- cation of Dante H. Catu!lo. 15 Rossiter Avenue, Yonkers, New York, for a variance in accord- ance with the Zoning Ordinance Article 1II. Section 30I and Eulk Schedule, for permission to divide property with insufficient area and frontage. Location of prop- erty: north side Bailey Beach Road, Mattituck, bounded'north by other land of applicant: east by right of?lly~y and Gatz; south by Bailey ~ach Road: we~t by J. Little. 8:00 P. M. (EST), upen appli- cation of Joseph and Mary Kir- win, Bay Avenue, Cutchogue, New York, for a variance in accord- ance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule, for permission to di- vide property with less than re- quired area and frontage. Loca- tion of property: Lots No. 118 and 119, Map of Na~au Farms, Peconic. New York. ~:95 P. M. (EST)~ upon aopli- cation of Carl and Frances Chap- man, Mattituck, New York. for a variance in accordance with the Zoning Ordinance, Article III, Section 303 and Bulk Schedule. for permission to construct dwell- ing with less than required set- back. Location of property: Lot No. 12, Map of Salt Lake Village, Mattttuck, New York. 8:15 P. M. (EST), upon appli- cation of Elizabeth A. Allen, and Jane Chambers, 230 Henderson Street, Jersey City, New Jersey. for a variance in accordance with the Zoning Ordinance Article III, Section 300, for per?Assion to use existing building as dwelling. Location of property: west side Stars Road, East Marion, bound- ed north by Stars Road West; east by Stars Road; south by Philip Frumenti; west by Balder~, ' Weiss and others. 8:30 P. M. CEST), upon applt- ~ cation of Edcho Corp., 320 Front~ Street, Greenpert, New York, for[ a special exception in accordance with the Zoning Ordinance Ar-~ ticle VII, Section 700 B4. for per- mission to operate public garage L~cation of property, north aid Sound Avenue, Mattituck, bound~ ed north by L. L Railroad; east by A. Tuthill; south by Sound Avenue; west by A. Palkovich. ~ 8:40 P. M. tEST), upon_appli- cation of Williams Constructing, Inc. 820 Front Street, Greenport, New York, for a variance in ac- cordance with Article III, Section 303 of the Zoning Ordinance, for permission to construct dwelling with less than average setback. Location of property: e~t side Corey Creek Road, Southold, bounded north by E. Hau; east by A. Meyer: south by J. Dunker; west by Private Road. Corey Creek Road 9:00 P. M. (EST). upon appli- cation of Robert lg. Levy, Harbor Lights Drive. Southold, New York, for a variance in accerd- ance with Article III. Section. 300 C3 gad Section 302. of the Zonin~ Ordinance. for permis- sion to construct garage in front yard area. Location of property; Lot NO. 8. Map of Harbor Lighk~ Estetes. Section One, Southold, 9:19 P. M. (EST). upon appli- cation of Dorothy M. Robohm, Main Road, Southold. New York, for a variance in accordance with the Zoning Ordinance. Article III, Section 301 and Bulk Sched- ule. for permission to divide prop- ertw with less than required area. Location of property: northeast side of Youngs Road, Southold. bounded north by C. Schwarz; east by Midfarm Road; south by H. Conrov and J. Fras~; west by Hill Road. 9:20 P. M. IESTh upon appli- cation of Sarah E. Gillespie, Smith Drive North, Southold, New York. for a variance in ac- cordance with the Zoning Ordi- nance, Article III. Section 300 C1 for permission to use building as doctor's office, doctor doos not live in same building. Location of property: ea;t side Maple Lane. Southold, bounded north by B. HeIlmsn; east by L Edson: south by D. Pettit; west by Maple Ave- nue (Private RoadL Any person desiring to be heard on the above applications should appear at the time and place specified. Dated: March 16. 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS COUNTY OF SUFFOLK STATE OF NEW YORK C. Whitney Booth, Jr., being duly that he is the Editor, of THE LOI' TRAVELER - MATTITUCK WATCHMAN, a paper printed at Southold, in Suffolk Coun the notice of which the annexed is a printed c, published in said Long Island Traveler-Matti man once each week for ...~,...,f..., successiveJy, commencing on the ................ ~, day o ............... ~. ~,.<...c~..~j,.,.., ] 9...~. Sworn to before me this ....... ~.,..~ ..... AOE/£ PAYN[ Notary Publ;c, Stale of New Yore Reskfi~g in Suffolk County No 52-3041000 Commission Expires March 30, 197~J~ NOTICE OF HEARINC Pursuant to Section ~67 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Scuthold, Suffolk County, New York, public hexrin~s will be held by the Zoning Board of Appeals of the Town of Sontbeld, at the Town Office, Main Road, Scuthold, New York, on March ~9, 1973, on the following appeals: 7:30 P.M. iE.S.T.), upan ap. plicetion of Cordon G, Bishop, 600 Clearview Avenue, Southo]d, New York, for a varP. nce in mission to construct private garage in front yard area. Location d property, west side Gardinors Lane and south side Clearview Avenue West, Scuthold. bounded ~ort_h by Gardiners Lane; south by Dart; west by John Mulhall 7:40 P.M. (E.S.T.), upon ap- plicatian of James F. Murray, Vanston Road, NaSSau Point, Cutcho~ue, New York, for a variance in accordance with the Zoning Ordimmce, Article III, Section 301 and the Bulk Schedule, for permission to divide property with less than required area and frontage. Location of property: Lots 4 and 5, Map of Peconic Bay Proper- ties, Inc. ?:50 P.M. (E.S.T.), upon ap- placation of Dante H. Catulio, 15 Rossiter Avenue, Yonkers, New York, for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 301 and Bulk Schedule, for per- mission to divide property with insufficient area and frontage. Location of property: north side Bailey Beach Road, Mattituck, beanded north by other land of applicant; east by right of way and Gatz; south by Bailey Beach Road; west by J. Little. 8:00 P.M. (E.S.T.), upon ap- plication of Joseph and Mary Kti'win, Bay Av~mue, Cutcho~ue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule, for per- mission to divide property with less than required area and frontage. Location of property: Lots No. 118 and 119, Map of Nassau Farms, Pecouic, Blew York. 8:05 P.M. (E.S.T.), upon ap- plication of ~arl and Frances Chapman, Mattituck, New York, for a variance in accordance with Section ~03 and Bulk Schedule, for permission to construct dwelling with less than required setback. Location of property: Lot No. 12, Map of Salt Lake Village, Mattituck, Blew York. 8:15 P.M. (E.S.T.), upon ap- plication of Elizabeth A. Allen, ~J and Jane Chnmbers, 280 Hen- derson Street, Jersey City, Blew accessory building as dwelling. Location of Property: west side Stars Road, East Marion, -! ~onded north by Stars Rood ~, West; east by Stars Road; south ~1 by Philip Frmnenti; west by and others. ~ (E.S.T.), Upon ap- for a sp~iui exception in with the Zoning Article VII, Section ~00 BI, for permission in operate public garage. Location of north side Sound Mattituck, bounded ; east byA. by SOUnd Avenue; A. Puikovich. 8:40 P.M. (E.S.T.), upon ap- plication of Williams Con- _stru~, Inc., ~2o Front Street, Gresnport, New York, for a variance in accord~ce with ,Article IH, Section 3~, of the .e, omng Ordinaane, for permission ~o c~truct dwelling with leas th~ average setback. Location of prop~ty: east side' Corny ~°evr~ bY east by A .vet' south by jHau;D~lk_ E. b - er; west y Private Road, C~ey Creek Road. 9:00 P.M. (E.S.T.), ~ an- COUNTY OF SUFFOLK. ] STAT~ OF NEW YORK. ~ ss: Stuart C. Dorian ...................................... being duly Sworn, says that . .h.e.... is Printer and Publisher of the SUFFOLK W~:;KLY TIMES, a newspaper published at Greenport, in suid county; and that the notice, of which the mmexed is ~ printed copy, has been published in the so/d Suffolk Weekly Times once in each week, for one ........................... weeks successively commencing on the twenty-secon~ day of ..... .l~.r..~.]-~'-~.-;-.-~.,. 19 73 Swam to betore me ~his .. ?...~;;... I NGiAiY ~,_L) ;:; k,- , ~, YORK ~!/ Comm*: ~,~ .xres ;,! 'cU 30, tg') ,$, , TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Yo Examined ........................................ , 19 ........ ^pproved ..........~ ............................. , 19 ..... .~.. Pemit ldo ......... ~ ........................... Disapproved a/c ............................................................................................. Application No ................................. (Building inspector) ~ APPLICATION FOR BUILDING PERMIT Date March i 1973 INSTRUCTIONS a. This applicatJ0n must be completely filled [r~ by typewrite~ dr in ink and submitted ~in tHplicate 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, relationsh, ip to: adj0inincj premises or public streets or areas, and giving a detailed description of layout of property must be drawn on diagram which is part of this application. c. The work covered by 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 availabla 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 ...~.~.e~9...q.o.~..q~;~t,~.~ ........................................................................................................... If applicant is a corporate, signature of duly authorized officer. ~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 ~and on which proposed work will be done. Map No ............................................... Lot No ......................... Municipality 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: b. Jntended use and occupancy .............. ~ ............................................................................................................ 3. Nature of work (check which applic'~--';): New 9uilding ....... :~ .............. Addit?" ..................... Alteratio~ Repair ......................... Remova~ ..i ..................... Demolition ........_x: ............. Other Work (Description) 4. Estimated Cost ...~.8..,..0..0.~ ................................ Fee (to be paid on filing this app!ication) 5. If dwelling, number of dwelling units .................Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed oecuoancy, specify nature and extent of each type of use .~.~..b~.~.¢ 7. Dimensions of existing structures, if any: Front .... ~.] ............ Rea~ ...~5~ ................... Depth ..~.~...~.~. Height ...... .~.~. ............................................... Number of Stories ...... 5. D~mens~ons of same structure wkh alterations or additions: Front .......................... Rea~ Depth ............................................. Height ......................................... Number of Stories 8. Dimensions of entire new construction: Front .... Z~L ............... Rea~ ~..~L ................... Depth 3.~.~ Neight ........ ~ .................................... Number of Sto~ies .........Z 9. Size of ~ot: Front ...179_.~,~ ................... ~ear ..~5.~.81 ............................. Depth ...~,.~.~..A~ 10. Date of Purchase .... ~Z~.Z~. ................... Name of Forme~ Owner..~2~..~..~fi~. 11..Zone o~ use district ~n which premises are situated ..... ~e~..~. 12. :Does proposed constr~tion violate any zoning law. ordinanca or 13. Will ~ot be regmded -~ .......................... Will excess fill be removed fFom p~em~s: [ ] Yes [ ~ No 14. Name of Owne~ of premises ...~A~9..~9~ .............. ~..~..~.~...~99~9~.~.~..~z. ........ (Address) (Phone No,) Name of Amhhect ...... .......................... (Address) (Phone No.) Name of Contractor ..~:~~. ........ , ............................................ ~ (Address) (Phone No.) PLOT DIAGRAM Locate clear!y and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from property lines. Give street and block number or description according to deed. and show street names and indicate wheth- er interior or corner lot, Surva~ atta=hed. 6. 1/3 auto shop - 1/3 garage - 1/3 storage. STATE OF NEW YORK, COUNTY OF ...................................................... .......................................................................................................... being dufy sworn, deposes and says that he is the applicant above named. (Name of ingvidual sign#~g contract). . ,He is the ................................................................................................................................................................................................................. (Contractor, agent, corporate officer, etc. ) o~ said owner or owners, and is duly author!zed to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best :of'his knowledge and belief; and that the work will be performed in the manner set forth in the app!ication filed therewith. ...................................... da,/ of .................................................. 19 ............. ~qotar¥ Public ..................................................................... County /Signature of applicant] The" North Fork Bank &Trust Company Mattituck, N.Y. 11952 March 29, 1973 Southold Town Board of Appeals Gentlemen: It is our understanding that a request has been made to permit a public garage on the property on the N/S of Sound Avenue and west of the property formerly owned by Sid Tuthill, Mattituck, N.Y. It is our opinion that such a public garage would have the affect of down-grading the area and we would be opposed to such permission. Additionally, we do not feel that the property in ques- tion has sufficient area to adequately support such a garage. Certainly, there are other areas both in the Village of Mattituck and other surrounding areas that could support such an addition to the community. Very truly yours, Frank A. Anderson Executive Vice President TOWN OF $OUTHOLD, NEW YORK ~ APPLICATION FOR SPECIAL EXCEPTION TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. Y. EDCHO CO~ORATION 320 Fro~t Street, (We) ................................. of .................................................................................................... Name Street and Number ............................ Graenp. o~.~ ................................................ Municipality New York 11944 State hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in ~c~,~vith ZONING ORDINAI~CE ARTICLE VII SECTION 700 B-4 S sE ION the TITE SPECIAL EXCEPTION IS REQUESTED BECAUSE A portic~ of the proposed replacement building may be used as a public garage (auto repair) All stipulations "a-f" to be adhered to according to present zening regulations. This property is located at 12135 Sound Avenue~ Mattituck~ N.Y. STATE OF 1TMW YORK ) Signature President FORM ZB2 1