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HomeMy WebLinkAbout1962TOWN OF $OUTHOLD, NEW YORK DATE ._..Q~.,..._~L7, 1974 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1962 Dated September 26, 1974 ACTION OF TH~ ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Pebble Beach Realty, Inc. Appenant 620 Hempstead Turnpike Elmont, New York at a meeting of the Zoning Board of Appeals on October 17, 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 (X) Request for a variance to the Zoning Ordinance ( ) 1974 the appeal 1. SPECIAL EXCEFrlON. By resol~n ~ the Board B was d~ermined th~ a ~eci~ exception ( ) be ~a~ed ( ) be de~ed p~suant to Article .................... Sect~n .................... Subsect~n .................... paragraph .................... of the ~ning O~inance and the decision of the Buildi~ Inspector ( ) be reversed ( ) be ~lsmedbeea~e 8:15 P.M. (E.D.S.T.) upon application of Pebble Beach Realty, Inc., 620 Hempstead Turnpike, Elmont, New York, for a variance in accordance with the ZOning Ordinance, Article III, Section 100-30 C, G, D & F for temporary signs of excessive size. Location of property: State Road, East Marion, New York, bounded on the north by L. I. Sound; east by A. Birten; south by Main Road; west by Island's End Golf & Country Club. 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 SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by aL1 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 not) 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 ( ) be reversed. FORM ZB4 ~ ~ZONING BO,ARD OF APPEALS ~ _~- Marjorie McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to erect temporary signs of excessive size on State Road, East Marion, New York. The findings of the Board are that it can not permit any applicant to exceed the permitted size of signs according to the Ordinance. An informational sign of this type may not be larger than 4' x 6' Applicant is only permitted one sign so must remove the sign which is located close to the Island's End Golf Course, and reduce the size of the sign on the road to 4' x 6', as well as setting it back 35 feet from the road. The Board does not agree with the reasoning©of the applicant. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship; the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will change the character of the neighborhood, and will not observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, Pebble Beach Realty, Inc., 620 Hempstead Turnpike, Elmont, New York, be DENIED permission to maintain temporary signs of excessive size on State Road, East Marion, New York, as applied for. The sign on State Road may be no larger than 4' x 6' and shall be set back from the road a distance of 35 feet. Also, the sign located adjacent to the Island's End Golf Course shall be removed as applicant is permitted one (1) sign of permissible size according to the Ordinance. The Board agrees to grant applicant Thirty (30) Days to comply. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. LEGAl. NQ~lCE ~ ~, NOTICE ~F I~EARINGs Pursuant to ~ction 267 of the Town Law nnd ~e ~visions of the Amended BumMing ~ne ~. din~ce of the T~ of ~uthold, Suffolk County, ~ Yokk, public hea~ngs will be ~hetd by the ~ning Boa~ of Appeals of the Town of ~uthold, at the Town ~ce, Main Road, Southolfl, New York, on O~ober 17, on the rallying ~p~als: 7:45 P.M. (E.D.S.T.) u~n ap- plicatlon of A~hur W. Hahn, Baysho~ R~d. B~ 6~, G~n- ~, New York~ va~n~ n~dan~ with ~ ~ning ~- dinance, A~icle 111, Section I~- ~ ~d Bulk ~hedule f~ sion to use p~y nS ~o bulldog lots with ins~t ~ntage and a~a. ~tl~ of ~pe~y: W/S ~ay Sh~ Road, Amended Map ~ ~nic Bay ~tat~, ~ 132-!~, ~en~ New York. 8:~ P.M. (E.D.S.T.) u~n ap- plication of ~s T. nnd alga Sh~kin. 1~ Capt~n K~dd ~ve, Mnttituck,= New Y~k for varlnnce in ~n~ with the ~ning O~inan~, A~le IH, Se~ion I~-~ e. a~d A~ie~ III, ~ion 1~32 for ~si~ m ~nte a~ bulM~g (prage) in ~nt ya~ n~a. ~t~n of P~y: Map of Cn~n Kidd ~tates~ ~t No,, !~, MattituCk, New Yo~. 8:15 P.M. (E.B;S.T.) n~ ap. [ pli~ti~ of Peb~]~ ~h ~, ~e.. 6~ He~ad ~lmont, New Yo~ f~ a valance m n~rdnn~ with the ~ing ~inance, A~le HI, ~ 1~-30 C, G, D & F f~ ~m~ signs of exc~i~ S~. ~on of p~: S~~ ~, ~t Mn~on, New Y~k, ~h~ on the no~h ~y L.I. ~nna: e~ by A. Bi.eh; sou~ ~ M~ln R~d; west by Island's End ~lf and Count~ Any ~n d~i~ to ~ heard ~ the a~e up.als should up.ar ~ ~e :~ and place ~ Dated: ~b~ 4. 1974 BY O~ER OF THE SO.HOLD no~ o~ A~LS COUNTY OF SUFFOLK STATE OF NEW YORK~ ss: Sherley Kotz, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public newspaper 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 Zraveler-Mattituck Watchman once each week for .......... ....... ........ ...-=.. wee c sively, commencing on the .............. J..~.. .................. day of ........... .~....~_~..~..~. ....... , 19..Z.~. ....... .......... Sworn to before me this ......... /~.. ......... day of ........ ....... ADEI.E PAYNE the Amended Building Zone Ordinance of the Town of Southold, Suffolk Coanty, 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 October 17, 1974 on the following appeals: 7:45 P.M. (E.D.S.T.) upon application of Arthvr W. Hahn, Jr., Bay Shore Road, Box 685, Greonpert, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to use property as two building lots with insufficient frontage and area. Location of property: W-S Bay Shore ROAD, Amended Map of Peconic Bay Estates, Lots 132-136, Greeflpert, New York. 8:00 P.M. (E.D.S.T.) upon ;OUNTY OF SUFFOLK, ~ ss: application of Boris T. & Olga ITATE OF NEW YORK, j Shaskin, 1055 Captain Kidd Drive, Mattituck, New York for a variance in accordance with the ........ $.~U~. U.t;..C.,..D.o~.n. .... being duly Sworn, Zoning Ordinance, Article IH, he Santion 10o-~o c. and Article IH, ;co/s thor ........ is Printer and Publisher of ~he SUFFOLK Section 100-~2 for permission to .... locate accessory building ~VE£K~x TIMES, a newspaper published at (~reenport, in said (garage) in front yard area. Location of property: Map of county~ and that the notice, of which the annexed is a printed Captain Kidd Estates, Lot No. ~PY, h~s been published in the said Suffolk Weekly Times 184, Mattituek, New York. ~ 8:15 P.M. (E.D.S.T.) upon nee in each week, for. . ....... 01lc (]-) ... weeks Realty,applicati°nInc.,°f 620PebbleHempsteadBeach uccessiv~Iy oomme~Ci~l~On the ... ~.1~..t:.~..(~.Q) ....... .. Turnpike, Elmont, New York for ff~..~ "'~'1~.~. ' ' a variance in accordance with the i o! 0 Section 100-~0 C, G, D & F for ~. · · .~. ~/~--~.,~" · ................... temporary signs of excessive t~fore me ~his ../(.) ...... size. Location of property: State Road, East Marion, New York, · /...'~ .~. f, f, ~. bounded on the north by L. I. ay o! ~ .~ . *'-..~'~ ' by Main Road; west by Island's ~/ /,,, ........... End Golf and Country Club. ~* ~,~ Any person desiring to be heard on the above appeals ' / ' JO[~[PI-I LAW[~ENC[ TOWNsENI) shouldappearatthetimeand -~ N0~A;~Y PUBLIC 0F NEW Y0Rll place above specified. Residing in Sultolk County Dated: October 4, 19T4 Ciks. No. S2-gaS63S0 BY OP, DEB OF TIlE M~, Com~nis$ioa Expires March 30, 19 /{' SOUTHOLD TOWN BOARD OF .~PpE ALS LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Lawand the provisions of TOWN OF SGUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL Map ~ Block --~- Lot is retb,,~d h~,~4th and disapproved on ~lowing grounds ....~...¢...~..~.~........~....../~...~.'"/~? -~...-...-.~ ....... ~ e'~ ....... ~...~-.... ~..... ~--..-~.-....~. ~..~:..~-- ~...... .~...Y..,~.. ........ ~ ................................................ ~ ........................ .~.. ...................................... Building Inspector TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO: /~>~ ~ DATE .....9/.2,~/.7.~ ........... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ~.'~,.~..~..~.~g...~.~..~.~.~.~...~.., ............... of ............ ..~.0...He~R..~..~.e.,.. ......................... Name of Appella,nt Street and Number ............................... ~.~..~.; ................................................. ~e..~...~?...z~.. .......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..... ~D.'~.~?..;~,.8..~...~.?..~ ............. WHEREBY THE BUILDING INSPECTOR DENIED-TO ordered to remedy violation under Art. III See, 100-30 C~ G~ D & ~ Name of Applicant for permit of Street and Number Municipality State )PERMIT TO USE ) PERMIT FOR OCCUPANCY ) LOCATION OF THE PROPERTY ..... S.¢&te..~ad .......................... '.,i~.e...t~...~ ....................... Street Use District on Zoning Map Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the_ Article Section, Sub- section and Paragra~ph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for (x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due }o lack Of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~as not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... (x) ( .) is requested ~or the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance signs are temporary, will be removed by M~y, 1975. Form ZB1 (Continue on other side)_ REASON FOR APPEAL Continued i. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces: sary H~,RD~SH~P because 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district beca:use e~c~st~.g s-~gt~s located exceed size ef ~ .signs. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because size of Z~nd ~z~a owned. ............................... of ................ Swor~ to th, ~"; . .. day ~.~:. ........... Notary Public ~O~AS October 4, 1974 Mr. Joseph J. Donovan~ President Pebble Beach Realty, Inc. 620 Hempstead Turnpike Elmont, New York 11003 Dear Mr. Donovall ~ Enclosed is copy of legal notice which will appear in the October 10th official newspapers of the Town. We would appreciate it if you would send a check for $15.00 made out to the Town of Southold. Yours very truly, MarJorie McDermott, Secretary Sept~her 27, 1974 Mr. Joseph J. Donovan, President Pebble Beach Realty, Inc. 620 Hempstead Turnpike Elmont, New York 11003 Dear Mr. Donovan: We are in receipt of your application for a variance. Ple&se forward check for $15.00 mae out to Town of Southold so that your application can be legally ad- vertised for the next meeting of the Board of Appeals. Yours very truly, :mm MarJorie McDermott Secretary vio~Ti6H 0 Date TO ..~, ..... .~ ......... .,~. ..... ~../..,. ....... ~...~../.¢-y. (O~'~hre~' b~' authorized agent of owner) ~ (address'of: owher,or authorized agent Of:bwner~ Pi'EASE TAKE ,NOTICE there exists a via arian of: Laws, Ord nah~:e~ o~' Regulotians ....................................... (state character otCwolahon) ect on or paragraph, of b~l~ cab e aw, o~d nonce or regulation); YOU JA~ ~E~EFORE DIRECTED ~Z ,,.0 D"~RED to comply w,th the Jaw and {o ~emedy the cond~hons above menhon~d fodhwith m or before the ..... ;.~/(~.~.~,,.~.....;..~ .................. ¢ ~ The'prbmises fa_~hich fhiLORb~ ~ ~DY ViO~tioN re,ers a~ Situated a~ ................. ~ .................................. .............................. n., ~f ~uf o., N~, . Fdi ute to remeay the conditions a~oresaid and to compiy_.,~ ~it~ the appJic&bJ~ ~Vis~o~s of law may Constitute an offense punishable b~ fine or im prisonmehJ' ~r bofh. / .,,,.,", /V /;,,~ .~.~...'~ ...... :....:.'......f:,,,. ....... Z,.. '.....:.....: ........... :Z.. ' L_.-' Bui]din~ Inspector