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HomeMy WebLinkAbout1750 T(~ OF SOUTHOLD, NEW YORK ACTION OF THE ZONinG BOARD OF APPEALS Appeal No. 1750 Dated March 29, 1973 ACTION OF THE ZONING BOARD OF APPEALS OP THE TOWN OF SOUTHOLD To Frank Knispel Mill Road Mattituck, New York Appellant at a meeting of the Zoning Board of Appeals on April 19, was considered~and the action indicated below was taken on your ( ) Request for variance due to lack of access to property iX ) Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance ( ) 1973 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be 8ranted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... ~ t~ Zoning Ordinance and the decisionnf the Building IuspecWr ( ) be reversed ( ) be conf~medbeca~e 9~00 P.M. (E.S.T.), upon application of Frank Knispel, Mill Road, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance, Article V, Section 500 B and Article VIII, Section 800 B, for permission to erect four unit motel. Location of property~ south side Old Mill Road, Hattituck, bounded north by Old Mill Road; east by Stanley Naugles; south by Alonzo F. Robinson; west by Alonzo F. Robinson. Fee paid $15.OO. 2. VAltIANCE. 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 no%) umque 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 ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. FORM ZB4 ) be denied and After investigation and inspection the Board finds that applicant requests permission to erect four unit motel on property located on the south side of 01d Mill Road, Mattituck. The findings of the Board are that the applicant is the owner of an industrially zoned piece of property which has been in one ownership since 1944. There is no possibility of increasing the size of the lot. The Board agrees with the reasoning of the applicant. The Board finds that the public convenience and welfare and justice will be served and the 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. TP~REFORE IT WAS RESOLVED Frank Knispel, Mill Road, Mattituck, New York, be GRANTED permission, as applied for, to erect four unit motel on property located on the~sOuth side of 01d Mill Road, Mattituck, subject to the following conditions; and site plan review of the Planning Boardl That the four unit motel to be constructed on premises be no closer than 30 feet to the southerly line, no closer than 45 feet to 01d Mill'Road, and°no closer than 20 feet to the easterly line of the property. 2. That four bituminous surfaced parking areas shall be created. 3. That the motel shall be for transient year round occupancy. That there shall be no cooking facilities installed in the motel. Vote of the Board: Ayes:- Messrs: Grigonis, D~yen. Gillispie, Bergen, Hulse, 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 April 19, 1973, on ~hefOllowi~g appeals: 7:45 P.M., (E.S.T.) , upon application of Eugene D. McElroy, 465 Topsail Lane, Southold, New York, for a variance in accordance with the Zoning Ordinance, Bulk Schedule, for p to construct attached garage with insufficient Location of property: east side Topsail Lane, Map of Leeward Acres, Southold, New York. side yard. Southold, Lot #43, 7:55 P.M., (E.S.T.), upon application of Archeological Association of New York, Main Bayview Road, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300 C 6~f) and Article XI, Section 1100, subsection 1, for permission to erect off premises directional sign on property of Southold Bayview Corp. Location of property: corner of Main Bayview Road and Route 25, Southold, New York. 8:05 P.M., (E.S.T.), upon application of Elsie Mastrosimone, 355 Riviera Drive~ South Massapequa, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Scheduler for permission to divide property with insdfficient area and frontage. Location of property: east side of Inlet Lane Extension (private road), Greenport, bounded north by M. Mastr~simone; east by Gull Pond; south by Carl Schaub; west by Private Road. Legal Notice Page 2 8:15 P.M., Sound Avenue, Mattituck, for a variance in Zoning Ordinance, Article III, Section 300 A 2(c), for permission to construct stable (E.S.T.), upon application of William E. Worthingt accordance with the C5, and Article III, and keep horse with less than required area. Location of property: south side of Sound Avenue~'MatLituck; bounded north by Sound Avenue; east by E.R. Johnson; south by Jack Driscotl; west by Jack Driscoll. 8:35 P.M., (E.S.T.), upon application of Jules Adriaenssens, 1225 August Road, North Babylon, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303 and Bulk Scheduler for permission to construct dwelling with insufficient setback or rear yard. Location of property; north side Lupron Point Road, Mattituck, bounded north by Elmer Ruland, Jr.; east by T. Dougherty; south by Lupton Point Road; west by Elmer Ruland, Jr. 8:45 P.M., (E.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 300 B8, for permission to operate farm labor camp; location of property: south side Main Road, Orient, bounded north by Main Road; east by Terry Estate; south by Terry Estate; west by Edward Latham. 9:00 P.M... (E.S.T.), upon application of Frank Knispel, Mill Road, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance Article V, Section 500 B and Artigle VIII Section 800 B, for permission to erect four Legal Notice Page 3 unit motel. Location of property: south side old Mill Road, Mattituck, bounded north by Old Mill Road; east by Stanley Naugles; south by Alonzo F. Robinson; west by Alonzo F. Robinson. 9:15 P.M., (E.S.T.), upon application of Edmond Bok~na, 4505 Main Road, Laurel, New York, for a special exception in a~dan~e w£th the Zoning Ordinance, Article I~I, Section 300, B-8, for permission to operate farm labor camp. Location of property: north side of Main Road, Laurel, bounded north by School District 99 line; east by Cecil T. Young; south by Main Road; west by School District 911 property and Aldrich Lane. 9:25 P.M., (E.S.T.), upon application of Mattituck Inlet Marina & Shipyard, Inc., Mill Road, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300 C-6, for permission to erect off premise directional sign on property of Eugene C. Sullivan. Location of property: south side of Cox Neck Road, Mattituck, bounded north by Cox Neck Road; east by P. Cerrito; south by Mattituck Creek; west by Cox Neck Road and Herman. Legal Notice Page 4 Any person desiring to be heard on the above applications should appear .at the time and place specified. 5, 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, APRIL 12, 1972, AND FORWARD NINE (9) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEWYYORK. Copies mailed to the following on April 5, 1973: The Long Island Traveler-Mattituck Watchman The Suffolk Weekly Times Mr. Eugene D. McElroy Archeological Association of New York Irving L. Price, Esq. a/c Elsie Mastrosimone Mr. William E. Worthington Mr. Jules Adriaenssens Mr. Lloyd Terry Fir. Frank Knispel Mr. Edmond Bokina Mattituck Inlet Marina & Shipyard, Inc~ NOTICE OF HEARINGS Pursuant to Section 267 of Town Law and the provisio f the Amended Building Zone Or- dinance of the Town of Southold. Suffolk County, New York. public hearings will be held by the Zon- ing Board of Appeals oI the Town of Southold, at the Town Office, Main Road, Southo!d, New York. on April 19, 1973, on the following 7:45 P. M.. (EST{, upon appli- cation of Eugene D. McElroy, 465 Topsail Lane. Southold, New York, for ~ variance in accord- anco with the Zoning Ordinance, Bulk Schedule, for permission to construct attached garage with insufficient side yard. Location of property: east side Topsail Lane, Southold, Lot No. 43, Map of Leeward Acres, Southold. New York. 7:55 P. M., (EST), upon .~ppli- cation of Areheological Ascocl~- tion of New York, Main Bayview Road, ~outhold, New York, for a special exception in accordance with the Zoning Ordinance, Ar- ticle III, Section 300 C 6(I) and Article X~[, Section 1100, subsec- tion 1, for permission to erect off premises directional sign on property of Southold Bayview (~orp. Location of property: cor- ner of Main Bayview Road and Route 25, Seuthold, New York. 8:05 P. M., (E/{T), upon appli- oation of Elsie Mastresirflone, $55 Riviera Drive, South Massapequa, New York, for a variance in cordanee with the Zontv41 ordi- nance, Article 1~, Section 801 and B~lk Schedule, fo~ permis- sion to divide property with ir~. sufficient area ~nd frontage. Lo-' cation of property: east side of Inlet Lane Extortion (private road), Oreenport, bounded north by M. Mastrosimone; east by Gull Pond; south by Carl Schaub; west by Private Road. cation of William E. Wm'thmg- to~l, Sound Avenue, Mattituck, fo~ a ~riance in accordance with III, Section 300 C5, and Article III, A:~(~l, for permission to construct liables and keep horse with ]i~s than requ~esd area. Location of property: south side of Sound Avenue, Mattituck, bounded north by Sound Avenue; east by E. R. Johnson; south by Jack Driscoll; west by Jack Dris- 8:35 P. M., (EST), upon appli- cation of Jules Adriaenssens. 1225 August Road, North Babylon, New York. for a variance in ac- cordance with the Zoning Ordi- nance, Article III. Section 30'3 and Bulk Schedule, for perm!s- sion to construct dwelling x~ith insufficient ~etback or rear yard. Location of properiy; north side Lupton Point Road, Mattituck. bounded north by Elmer Ruland, Jr.; east by T. Dougherty; .south by Lupton Point Road; west by Elmer Ruland, Jr. 8:45 P. M., CESTL upon appli- cation of Lloyd Terry, Main Road, Orient, New York, for a special exception in accordance with the Zoning Ordinance, Article Ili, Section 300 BS, for permission to operate farm labOr camp; loca- tion of property; south side Main Road. Orient, bounded north by south by Terry Estate; west by Edward Latham. 9:00 P. M.. (EST). upon appli- cation of Frank Knispel. Mill Road, Mattituck, New York. for a special exception in accordance with the Zoning Ordinance Ar- ticle V, Section 500 B and Article VIII, Section 800 B, for permis- sion to erect four unit motel. Location of property: south side Old Mill Road, Mattituck, bound- ed north %y Old Mill Road; east 9:15 P. M., IESTi, upon appli- cation of Edmond Bokina, 4505 Main Road, Laurel, New York. for a special exception in accord- once with the Zoning Ordinance. Article III. Section 300. B-8. fo{' permission to operate farm labor camp. Location of property: north side of Main Road. Luurel. bounded north by School District No, 9 line: e~t by Cecil T. Young; snuth bv Main Road; west by F~ch~i~)l~rict No. property and Aldrich Lane: & Shipyard. Inc.. Mill Road. Mat- tituck. New York, for ~. sp,~cial exceotio~ in ~ccordance with the COUNTY OF SUFFOLK STATE OF NEW YORK ss: C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK 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 Traveler-Mattituck Watch- man once each week for ..... successively, commencing on the .............. /..C~... ................ day of ...... ~......,~..., 19..','~.~..., .......... ........... .... Sworn to before me this ....... /~.. ......... day of .......,9 Babyion, Nev~ York, variance in accordance with the Zoning Ordinance, Article III, Section 30~ and Bulk Schedule, for permission to construct dwelling with insufficient setback or rear yard. Location of property: north side Lupton Point Road, Mattituck, bounded north by Ehner Ruland, Jr.; east by T. Dougherty; south by Lupron Point Road; west by Elmer Ruland, Jr. 9:45 P.M., (E.S.T.), upon application of Lloyd Terry, Main Ro~d, Orient, New York, for a special exception in accordance with the Zoning Ordinance, Article IH, Section 3O0 B8, for permiesion to operate farm labor camp; location of property: south side Main Road, Orient, bounded north by Main Road; east by Terry Estate; south by Terry Estate; west by Edward 9:00 P.M., (E.S.T.), upon application of Frank Knispel, Mill Road, Mattitock, New York, for a special exception in ac- cordance with Zoning Ordinance, Article V, Section 500 B and Article VIII, Section 800 B, for permission to erect four unit motel. Location of property: south side Old Mill Road, Mat- tithck, bounded north by 0Id Mill Road; east by Stanley Naugles; south by Alonzo F. Robinson west by Alonzo F. Robinson. 9:15 P.M., (E.S.T.), upon application of Edmond Bokina, 45~ Main Road, Laurel, New York, for a special exception in accordance with the Zoning Ordinance, Article IH, Section 300, B-9, for permission to operate_ farm labor camp. Location of property: north side of Main Road, Laurel, bounded north by School District No. 9 line; east by Cecil T. Young; south by Main Road; west by School District No. 11 property and Aldrich Lane. 9:25 P.M., (E.$.T.), upon application of Mattituck Inlet Marina & Shipyard, Inc., Mill Road, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Scction 300 C-6, for permission to erect off premises directional sign on property of Eugene C. Sullivan. Location of property: south side of Cox Neck Road, Mattituck, bounded north by Cox Neck Road; east by P. Cerrito; south by Mattituck Creek; west by Cox Neck Road and Herman. Any person desiring to be heard on the above applications should appear at the time and place specified. Dated: April 5, 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEAL~ COUNTY OF SUFFOLK, ) STATE OF NEW YORK, ~ ss: ........ ~.?..~.~..~... ?.o...~.a.n .............. being duly Sworn, says that ...h.e... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published ~t Greenport, in said county: and ~hat the notice, of which the annexed is ~/printed copy, has been published in the said Suffolk Weekly Times once in each wee~ ~ ..... ?.e. ................... weeks successively ~ommencing on the twelfth ..... ~.~.~ ..... ~: ':-~9. ?3. ~ day of ~~. ~T ;~':..~.'.% .......... Sv~xn to before me this ~--/ ~. ~ ~ day of .. .~.,...~,.~., ....... 19.~ ~ | TOWN OF $OUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION APPLICATION NO. TO THE ZONING BOARD OF APFEALS, SOUTHOLD, N. Y. (we) .....F..~. ,[~i&p..e~ ................................. ~,:.....o: ............. Z~ill....Roa~ ....................................................... Name Street a~d Number ...................... l~:a.t,~J.J;~ck ............................................................... .New.....Y.e~k .......................................................... Municipality State 'eby apply ~o THE ZONING B.O~D;OF APPEALS for a SPECIAL EXCEPTION in accordance with the S~]~SECTION THE SPECIAL EXCEPTION IS REQUESTED BECAUSE The Size of this let does net meet the curre~ut requirements of 1 acre minimum for building a structure in C-1 light industrial Eerie. This parcel is.498 acres and h~.s ~een in separate owner ship since 1944. The building permit~ a~oplicatien is for a ~ unit ~otel building Which is a lesser us than i~±~ ~esently zoned for. The irregular shape of the plot also causes the rear yard ~et back of only lO'to be less than required, i feel that this would et cau~ a hardship because it borders on a right of way and there ~re no buildings on the farmland across the right of way. STATE OF NEW YORK ) COUNTY OFO'?e~e%~,~'~ ~c~ ,,, ) '7 Signature / ............. ........ .... Not~ ~blic TERRi LEE ELAK missic~ :×pire~ :arch 30. 19 '~ FOR3K ZB2 FOR~ NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined ......................................... 19 ........ Approved ........................................ , 19 ........ Pemit No ..................................... Disapproved a/c ............................................................................................ Applicotion No ................................. (Building Inspector) APPLICATION FOR BUILDING PERMIT Date ~ilL~e,~:l ~L~t 19...~.?. ..... INSTRUCTIONS a. This application must be completely filled in by typewriter or 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 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 per~ni't 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. (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Caul, mcr, Veadee Name of owner of premises .... ~l~a~,~.~ ........................................................................................................ If applicant is a corporate, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No .......................................................... Plumber s Ltcense 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 ....... ~..~.....i~....?.?.2.~.....~...e..~..?. ................................................................................... Municipality 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy .................................................................................................................................... b. Intended use and occupancy ~ [~ll~t, ~1, 3. Nature of work (check which apo~ble): New Building ....,~ ................ AdOn ..................... AIteratio,n.~......~ ..... Repair ......................... Removal ......................... Demolition ........................ Other Work ...................... ; ............. (Description) 4. Estimated Cost ..~.'...~.~.~..0..0...O. .......................... Fee ............... i[~'l~';'~'~i~l'~' ¥i'li~'~i;'~'~i['~'i~i ................................. 5. If dwelling, number of dwelling units ..... .~. ......... Number of dwelling units on each floor ........ .2. ............................... If garage, number of cars ........................................... 6. If business, commercial or mixed occuoancy, specify nature and extent of each type of use ..lO.Q~.~o~.e~ ............ 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 Stor es .. · 20_-0 20-0 ........... o"'0 ................. 8. Dimensions of entire new construction: Front ...~ .................... Rear ............................ Depth ....................... Height ....... 42,0-+. .................................. Number of Stories ......................................................................................... 9. Size of lot: Front ......~5~-~J~ .................. Rear ...~7..1..,.~ .............. Depth J.,3~.~. .......... 10. Date of Purchase ..................................... Name of Former Owner ]~i~u~ice Galburt ......... 1 1. Zone or use district in which premises are situated .......... P~--..Z~-..Iz;~u~t,z~,~ ........................................... 12. Does proposed construction violate any zoning law, ordinance or regu ation: .................................................... Partially ........ 13. Will lot be regraded ............................... Will excess fill be removed from premises: ~] Yes [ ] No 14. Name of Owner of premises [vJa~rJ. ce Galburt Nor.~.hDg~c~, ,~C, . .. (Address) (Phone No.) Name of Architect ................................... ii h' ;Wff3:i ............... Name of Contractor ................................................................ . (Address) .......... (Phone No.) PLOT DIAGRAM Locate clearly 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. Survey A~ached STATE OF NEW Y_~_R K, ) COUNTY OF ......~..~.:~..~.~xt~ ..................... SS '('~f~'~ ~¥~'~i~i~/~;i $~ni~ contrac'~) · being duly sworn, deposes and says that he is the applicant above named· He is the ................................................................................................................................................................................................................. {Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. T£RRI LEE EL~K ,q c~ -- ~O]ARY PUBLIC, Stat~ 0I New ¥o~k - ...........................N°tary i~"~~! ......... ........................ ""'" !~' '~' [9~/'~i~a~~ tu~-~~'~vl'~tt))-~ i BUI£DIN~ ONPRKMIS~$TOBKH~MOV~O. LO~,4TIO41~LA,41 ~0,~ MoTel-