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HomeMy WebLinkAbout1719 TO~N OF SOUTHOLD~ NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1719 na~ed January 11, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Warren & Dolores Ritzer 71 Nadel Drive Riverhead, New York DATE .I~.a]2......1.%, 19'/3 1973 AppeHanf at a meeting of the Zoning Board of Appeals on Pebruary was considered and the action indicated below was taken on your ( ) Bequest for variance due to lack nf access to property ( ) Request for a special exception under the Zoning Ordinance (X) Bequest for a variance to the Zoning Ordinance ( ) 15, 1973 me appeal 1. SPECIAL EXCEPTION. 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 Inspector ( ) be reversed ( ) be confirmed hecanse 8:30 P.M. (E.S.T.), upon application of Warren and Dolores Ritzer, 71 Nadel Drive, Riverhead, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 701 and Bulk Schedule for permission to use existing building with insufficient setback for business purposes. Location of property: north side of Main Road, Laurel, bounded north by'J. 0tConnell; east by J'. 0tConnell; south by Main Road; west by Mattituck Holding Corp. 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 or unnecessary (b) The hardship created (is) (i~ not) unique and (would) (would not) be shared by all properties alike in the mediate 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 beeanse (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 SEE REVERSE APPRO)/ED/ After investlgatiou and inspection the Board finds that applicant requests permission to abe existing building with insufficient setback for business purposes located on the north side of Main Read, Laurel, New York. The findings of the Board are that applicant wishes to convert farm stand tea snack bar. A snack bar or restaurant is a permitted use in B zone but the original farm stand which applicant wishes to convert to a snack bar is too close te the road and must be moved back. 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 byall 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 Warren and Dolores Ritzer, 71 Nadel Drive, Riverhead, New York, be DENIED permission to mse existing building with insufficient setback for business purposes on property located on the north side of Main Road, Laurel, New York, as applied for; but is GRANTED permission to convert farm stand to snack bar subject to the following conditions: 1. That the snack bar be moved at least 35 feet back from the lot line on Main Road. 2. That five (5) paved parking spaces be furnished for patrons. (Computed on the TOWn'S parking space formula). That this approval shall run for a period of one year, after which time it shall be reviewed by the Board of Appeals. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis, 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 February 15, 1973, on the following appeals: 7:30 P.M. (E.S.T.), upon application of Village Marine of Mattituck, Inc., Bay Avenue, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance Article VI, Section 600 C-3(c) and Article XI, Section 1100 for permission to erect an additional s~gn (third sign). Location of property: east side Bay Avenue, Mattituck, bounded north by L. Hoder et al; east by Private Road; south by James Creek; west by Bay Avenue. 7:45 P.M. (E.S.T.), upon application of The Great Atlantic & Pacific Tea Co., 650 Stewart Avenue, Garden City, New York, for a special exception in accordance with the Zoning Ordinance, Article VI, Section 600 C~3(a) for permission to erect oversize ground sign. Location of property: north side of Main Road, Mattituck, bounded north by Bethany Cemetery; east by Bethany Cemetery; south by Main Road; west by Ardprop Inc. and Factory Avenue. 8:00 P.M.,(E.S.T.) , upon application of George Bird, Luptons Point Road, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance Article iii, Section 300 B-14 for permission to conduct an auction sale on property of Vincent Bialeski. Location of property: south side of Oregon Road, Legal Notice Page 2 Mattituck, bounded north by Oregon Road; east by J. Zuhoski et al; south by L. Tuthill; west by Eli~ahs Lane. 8:05 P.M. (E.S.T.), upon application of George Bird, Luptons Point Road, Mattituck, New York, for a special exception in accordance with the Znning Ordinance, Article Iii, ~Section 300 B-I~ for permission to conduct an auction sale on property of Edward Charnews. Location of property: south side of Main Road, Peconic bounded north by Main Road; east by P. Wenzel; south by Leslie Road; west by A. Krupski and wife. 8:15 P.M. (E.S.T.), upon application of Edward Peliettieri, 1438-143 Street, Whitestone, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303 and Bulk Schedule, for permission to reduce required setback of house. Location of Property: Budd Pond Road, Southold. Lot 916, Map of. Willow Point, Southold, New York 8:30 P.M. (E.S.T.)i, upon application of Warren and Dolores Ritzer, 71 Nadel Drive, Riverhead, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 701 and Bulk Schedule for permission to use existing building with · nsufficient setback for business purposes. Location of property: north side of Main Road, Laurel, bounded north by J. O'Connell; east by J~. O'Connell; south by Main Road; west by Mattituck Holding Corp. 8:45 P.M. (E.S.T.), upon application of Jack Driscoll, North Oakwood Drive, Laurel, New York, for variance in accordance with Legal Notice Page 3 Town Law, Section 280A for approval of access. Location of proper~y: Right of Way, north side of Henry's Lane, Peconic, bounded north by E. Axien; east by Private Road & Peconic Shores Subdivision; south by Garido and others; west by Right of Way and waimey. 9:00 P.M. (E.S.T), upon application of Stanley J. Waimey, Orchard Street, New Suffolk, New York, for a variance In accordance with the Town Law, Section 280A, for approval of access. Location of proper~y: north side Henry's Lane, Peconic, bounded north by Axien; east by Right of Way and Driscoll; south by Four Sails Realty Corp.; west by C.P.F. Land Corp. 9:15 P.M. (E.S.T.)~, upon application of John Christie, 320 Front Street, Greenport, New York, for a variance in accordance with the Zoning Ordinance, Article XII, Section 1204 and Bulk Schedule for permission to add and improve existing non-conforming buildings to make a total of five dwelling units of existing non-conforming camp buildings. Location of property: east side of Bray Avenue, Laurel, bounded north by E. Klett; east by Well~ Road; south by Wells Road; west by Bray Avenue. 9:30 P.M. (E.S.T.), upon application of George Kaytis, Main Road, Laurel, New York, for a variance an accordance with the Zoning Ordinance, Article III, Section 301, for permission to set off lot with less than minimum width. Location ~f property: east side of Robinson Road (off Right of Way); bounded north by Boyd; east by Peconic Bay; south by Neefus; west by Right of Way and Neefus. Legal Notice Page 4 9:45 P.M. (E.S.T.), upon application of Xenophon Damianos, Main Street, Stony Brook, New York, for a variance in accordance with the Zoning Ordinance Article X, Section 1008; Article XII, Section 1204, for permission to amend Board of Appeal decision on Appeal ~1394, in regard to lay out and design of buildings for proposed renovation of Greenport Homes. Location of properuy: South side of Main Road (Route 25) and west side of Ninth Street,! Greenport, Map of Greenport Homes. Any person desiring to be heard on the above applications should appear at?~the time and place specified. Dated: February 2, 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, FEBRUARY 8, 1973, AND FORWARD ELEVEN (11) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on February 2, 1973: The Long Island Traveler-Mattituck Watchman The Suffolk Weekly Times William J. Clark, Esq., atty for Village Marine of Mattituc~ The Great Atlantic & Pacific Tea Co. Mr. George Bird Eastwood Builders a/c Edward Pellettieri Mr. and Mrs. Warren Ritzer Mr. Jack Driscoil Mr. Stanley J. Waimey Mr. John Christie Raffe & Raffe, Esq., attys for George Kaytis ~ranitzke, Lechtr~cker & Lechtrecker, Esqs., attys for Damianos NOTICE OF HEARINGS Pursuant to Section 26? of the ' ~Town Law and provlsic~s of the ;iAmcnded ~uilding Zone Ordi- nance of the Town of Sovth01d, Suffolk County, New York, public hearings will be held by the Zen- · lng Board of Appeals of the Town . of Southold. at the Town Office. Main Road. Southold, New York. ~ on February 15. 1973. on the fol- lowin~ appeals: 7:30 P. M. (EST), upon appli- cation bf Village Marine of Mat- tituck, Inc., Bay Avenue, Matti- tuck, New York, for a special exception in accordance with the Zoning Ordinance Article VI, Section 600 C-3(c) and Article XL Section 1100 for permission to erect an additional'sign (~hird sign). Location of property: east side Bay Avenue, Mattituck, bounded north by L. Hoder et al; east by Private Road; south by James; Creek; west by Bay Ave- 7:45 P. M. (EST), upon appli- cation of The Great Atlantic & Pacific Tea CO., 650 Stewart Ave- nue, Garden City, New York, for a special exception in accordance with the Zoning Ordina~ce; Ar- ticle VI. Section 600 C-3¢a) for permission to erect oversize ground sign. Location of prop- erty: north side of Main Road, Mattituck, bounded north by Bethany Cemete/y; east by Bethany Cemetery; south by Main Road; west by Ardprop. Inc. and 1~actory Avenue. g:00 P. M. (EST). upon appli- cation of George Bird, Luptons Point Road, Mattituck, New York, for a special exception in accord- ance with the Zoning Ordinance Acticle ~III, Section 300 B-14 for- permission t6 conduct an guction sale on proper/~v of Vincent Bial~k! Location of property: south side of Oregon Road, Mai2Atuck, bounded north bY Ore~onRoad; eas~ by'J. Zuheski et ai~;'south by L. Tothiil; west by EliJ~hs Lane. 8:~6 P. M~ (EST), ~pon appli- cation of George Bird, Luptons Point Road, Mattituck, New Yoi'k, for a special exception in accord- ante with the Zoning Ordinance, Article III, ;~ection 300 B-14 for permi~inn to conduct an auction so~e: on property of Edward Charnews. Location of property: south side of Main R~/~d, Peconic bounded north b~ Main Road; ea~ by p. Wensel: ~south bY nes- lie Road; west bY A. Krul~ki ~nd Wife. 8:15 P. M. (ESTil upon appli- cation of Edward Pellettierl. 1438- t43 street, Wh~estene, yew York, for a v~riance iB accord, ance with the Zol~ n~ ~ Article III. property; Budd Pond Road, Southold. Lot No. 16, Map of Wil- low Point, Southeld. New Yor~ gl30 P. M. (EST). upon appli- Ritzer, 71 Nadel Drive, Rlverhcad, New York, for s variance in ac- cordance with the Zoning, Ordi- 'nance. Article VII. Section 701 and Bulk Schedule for permis- sion to use existin~ building with insufficient setback for business purposes. Lccation of proper~y: north side of Main Road. Laurel, bounded north by J. O'Connelh east by J. O'.C. onnell: south ey M~ln ~osd; ~est-. by Mattituckl Holding Corp. 8:45 P. M. (EST), upon aPo]i- ext~on of Jack DriscolL North Oakwcod Drive. Laurel, New with Town Law. Section 280A for approval of access. Location of property: Right of Way, north side of Henry's Lane. peconic, bounded north by E. Axien; east by Pr!vale Road & Peconlc Shores 8ubdivistep; south by , Oarido and others; we.~t by R!ght of Way~ and Waimey. 9:00 P. M. {ESTt. upon appli~ cation of Stanley J. Waimey, Orchard Street. New Suffolk. New York. for a variance in ac- c0rdance with the Town Law. Section 280A,' for approval of access. Location o! proper~y: north side of Henry's Lane, Pe- conic, bounded north by Axien; east by Right of Way and Dris- ~ coll;:south; by Four 'Sails Realty ~Corp.'. west C. P. P. Land Corp. ;~17 9;15 P. M. (EST), upon appli- ,i cati6n oi John Christie, 320 Pront Street, Greenport, New York, for a varlsncc in accordance with the Zoning Ordinance. Article XH, section 1204, for permis- sion to ame~d Board of Appeal decision on Appeal No. 1394, in regard to lay out and design of buildings f~r proposed renovation of Greenport Homes. Location of property: South side of Main Road (Route ~5) and west side of Ninth Street, Greenport, of Grsonpo~ Homes· Any person desiring to be heard on the above applications should appear at the time and place specified. Dated: February 2, BY ORDER OF THE SOUTHOLD TOIVN BOARD O1= APPEALS RK ss: Booth, Jr., being duly sworn, says Editor, of THE LONG ISLAND 'ITUCK WATCHMAN, a public news- outhold, in Suffolk County; and that the annexed is a printed copy, has been Uuu,,~,,:,~ ....... ~-ong Island Traveler-Mattituck Watch- man once each week for ....... (~....~.~..~... weeks successively, commencing on the ............... ~......'.~... ........... oyof ........ ..... NOTICE OF HEARINGS Pursuant to Section 267 of th~ Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Sonthald, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of So~d, at the Town Office, Main Road, Southold, New York, On F~bruory 15, 1973, on the following appeals: . 7:30 P:M. (E.S.T.), upon ap- plication of Village Marine of Mattituck, Inc., Bay Avenue, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance Ar- ticle VI, Section 600 C-3(c) and Article XI, Section 1100 for permission to erect an additional sign (third sign). Locati°n of property: east side Bay Avenue, Mattituck, boonded north by L. Hodor et al; east by Private Road; south by James Cree~; west by Bay Avenue. 7:45 P.M. (E.S.T.), upon ap- plication of The Great Atlantic & Pacific Ten Co., 650 Stewart Avenue, Garden City, New York, for a special exception in ac- cordance with the Zoning Or- dinance, Article VI, Section 600 C- 3(a) for permission to erect oversize ground sign. Location of property: north side of Main Road, Mattituek, botmded north by Bethany Cemetery; east by Bethany Cemetery; south by Main Road; west by Ardprop Inc. and Factory Avenue. 8:00 P.M. (E.S.T.), upon ap- ~ ~ o~ C, eor~e Bird, Luptons ~lt~t~t~ Mattitack, New York, for a special exengtion in accordance with the Zoning Ordinance Article III, Section 300 B-14 for permission to conduct an auction sale on property of Vincent Bialeski. Location of Property: south side of Oregon Road, Mattituck, bounded north by Oregon Road; east by J. Zuheski et al; south by L. Tuthill; west by Elijahs Lane. 8:00 P.M. (E.S.T.), upon ap- plication of George Bird, Luptens Point Road, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section .300 B-14 for permission to conduct an auction sale on prOperty of Edward Charnews. Location of prOperty: south side of Main Road, Pecenic, bounded north by Main Road; east by P. Wenzel; K~ ahd Wife. 8:15 P.M. (E:.S.T.), upon ap- plication of Edward Pelletiieri, 1438--143 Street, Whitestone, New York, for a variance in accordance with the Zoning. Qrdinance, Article III, S~ction" ?,03 and Balk Schedule, f6r per- mission in reduce required setback of house. Location of property: Budd Pond Road, Southold. Lot No. 16, Map of Willow Point, Southold, New York. -- ~lication of Warren and Doloresl RitZer, 71 Nadel Drive/ Riverhead, New York, for a[ variance in accordance with the Zoning Ordinance, Article VII, Section 701 and Balk Schedule for ~ermission to use existing building with insufficient setback for business purples. Location of property: north side of Main Rna,d,, Laurel, boonded north by J. O Connell; east by J. O'Con- nell; south by Main Road; west by Mattituck Holding Corp.~ 8:45 P.M. (E.S.T.), upon ap- plication of Jack Driscoll, North Oakwoed DriVe, Laurel, New York, for variance in acc~clonce with Town Law, Section 280A for approval of access. Location of proporty: Right of Way, north side of Henry's Lane, Peconic, bounded north by E. Axien; east by Private Road & Peconic Shores Subdivision; south by Garido and others; west of Right of Way and Waimey. 9:00 P.M. (E.S.T.), Upon ap- plication of Stanley J. Waimey, Orchard Street, New Suffolk, New York, for a variance in accordance with the Town Law, Section 280A, for approval of access. Location of property: north side Henry's Lane, PeconiC, bounded north by Axien; east by Right of Way and COUNTY OF SUFFOlk, ] STATE OF NEW YORK, ~ ss: Stuart C. Dorman ...................................... being duly Sworn. says that ...~.e... is Printer and Publisher of the SUFFOLK W~KLY TIMES, a newspaper published ~t Greenport. in said county; and that the noUc~, of which the ,vnnexed is u printed copy. has been published in the 8aM Suffolk WeekJy Times once in each week, for ......... o.n.e. ................ weeks successively commencing on the ...... .e.$.~h.~.~. ............. day of .... F. e.b..~..a.~r .......... 197~.. Sv~rn to day of .. beg ne this ......... , ....... /. ..... '... ,Jg~P.,'-J .I..T.O~,~I?~N~, JR. . FORi~ NO. 3 TOWN OF SOUTHOLD BUILDING DEPART/~ENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................... Date ................... To ......... :~ .'~ ...... ~ ~ ..... ~ ........ ....... L~ ....... Z~..~.~:..~ ....... ~.~ .......... Pk[AS[ TAK[ ~OTIC[ that your opp c~t~en dated ...... ~~ ....... [.~ .......... , 19~ : i ..... /~ ....... ~' ' '~'~' ..... ................. ~a~ .......... .~ .......................... ~loc~ ....... ~. ............................. Lot ...... r~e~ here~,:~ ~ disapproved on the fo~lowi~ ~roun~s .... ~.L~.~.~...~..~.....~.~.C.~ ..... ~.~?,.~.~.., ........ ~.~..L~.~..~ a:m. ~> ..... ~&..~t... ~, ~..¢~,. ~...~..t~,~.~..~~,~ ~uilding Inspector TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. /0/~ .... ....... Nam~ of~,ppella,nt Street and Number .... ................................................................... '~::'"1' .......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING~ INSPECTOR ON ..................................... ........... .................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ) ~PERMIT FOR OCCUPANC% LOCATION OF THE PROPERTY Street Use District on Zoning Mop .............. ~:.~.:!....x....t~.~....~.?..~..~....s..!.0..~.~.~ ~. Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance) 3. TYPE OF APPEAL Appeal is made herewith for (~/~) A VARIANCE to the Zoning Ordin.once or Zoning Map ( ) A VARIANCE due to lack of access (.State of New York Town Low Chop. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~J~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such oppeol was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) ( ) REASON FOP, 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 difficulties or unneces- sary HARDSHIP because .i. ~--k~_ifC- O~.re~ :r~o. 0d~ ,¢c~-r,q 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity°fthispr°pertyand 'nthJs usedistrictbec'ouse ~--h~.__ i ~CQ_L ¢£~¢-.'t The V~;ionce would observe the spirit of the Ordinance ¢nd WOULD NOT CHAN~E THE CHA~CTER OF THE DISTRICT because k)~ ~? Ca J A, b ~ I l~t p rO,V~ ~l~jl ~' STAT[ OF NEW YORK, ) .., . . .~ ~ ~~ ...... Sworn to this II ~ doyof 19~ "-~ ~0TA ~ JACK ROSS Notary Public '