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HomeMy WebLinkAbout1732 TOWN OF $OUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1732 Dated February 20, 1973 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To ~ank Vanecek Narrow River Road Orient, New York 1973 Appellant at a meeting of the Zoning Board of Appeals on March 8, 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 ( ) 1973 the 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 corffirmed because 9:05 P.M. (E.S.T.), upon application of Frank Vanecek to amend and modify the action of the Southold Town Board of Appeals on Appeal No. 1424 by adding a gasoline d.ispensing pump at a non-commercial marina. Location o£ premises, east side Narrow River Road, Orient, N. Y.; bounded north by H. Demarest & Sons; east by Hallock Bay; south by Plainland Real~y Corp.; west by Narrow Rover Road. Fee paid $15.00. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application ot the Ordinance (would) (would not) produce hardship because SEE REVERSE practical difficulties or (b) The hardship created (is) (is not) unique and (would) (would not) be shared by aH properties alike in the immediate vicinity of this property and in the same use district because (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 ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. FORM ZB4 After investigation and inspection the Board finds that applicant requests permission to add a gasoline dispensing pump at a non-commercial marina located on the east side of Narrow River Road, Orient, New York. The Board finds that Edward H. King, deceased, obtained permission to operate a residential marina on the premises under application on September 5, 1963, Appeal No. ~6~. 0n April 6, 198~ the King Marina became a non- conforming use by reason of Amendment # 68 limiting the nu~0er of beats to six. The Board finds, further, that on May 6, 1971, concerning the same premises, Rudolph & Edna Koubek, Appeal No. 1424, were limited as to future activities as follows: 1. All operations m~st conform to existing law. 2. Permission is granted to remove the old barge and replace with floats. 3. Sale of gasoline, soft drinks, and ice is prohibited. 4. &ll commercial or business activity, including vending machines, is prohibited. 5. Storage of boats other than those of the owner is prohil0ited. 6. Use of these facilities by commercial fishermen or party boats is prohibited. 7. The number of pleasure boats which may use this facility is limited to no more ~ha~ng~. ' Concerning Appeal No. 1732, Frank Vanecek, March 8, 19'~3, to amend and modify the action of the Southold Town Board of Appeals on Appeal No. 1424, the Board is ~ln 'agreement that the decision on Appeal No. 1424 should be upheld. 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. THEREFORE IT WAS RESOLVED, Frank Vanecek, Narrow River Road, Orient, New York, be DENIED permission to amend and modify the action of the Southold Town Board of Appeals on Appeal No. 1424, as applied for, and the Board of Appeals reaffirms its decision as described. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse. LEGAL NOTICE . Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the ammended Building Zone Ordinance o~ th~ Town of Southold, Suffolk County, N.Y., pUblic hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office~ Main Road, Southold, N.Y. on March 8, 1973, on the Following Appeals: 7:~ PM (E.S.T.) upon the application ofMattituck Inlet Marina & shipyard Inc to erect and maintain an "off premises" directional sign on premises of Aldrich Lane Realty Associates, northeast corner of Main Road & Aldrich Lane~ Laurel~ N.Y. in accordance with Art. III, sec. 300-C-6 of building zone ordinance. 7:YY'PM (E.B,~.~ Upon application of Mattituck Inlet Marina & Shipyard Inc So erect and maintain an" off premises" directional sign on premises of Roy H; Reeve on southeast corner of Sound Ave. and Aldrich Lane~ Mattituck, N.Y., in accor&ance with Art III, Sec. 300-C-6 of Building Zone Ordinance. 8:O~ PM (E.S.T.) Upon application of Mattituck Inlet Marina & shipyard Inc to erect and display an additional wall sign on sidewall of "on premises." business building located a2 southwest corner of West Mill Road @ Mattituck Inlet, Mattituck, NoY. in accordance with~Art VI & VII~ Sec 600-C-b of Building Zone Ordinance $: 15~PM (EST) Upon application of 0conee Construction Corp., 67 ,West.Main.~St East Islip, N.Y. A/C Dr. Carlos ~ejo~ for variance te A~t iii Sec 303 & Bulk Schedule of Building zone ordinance to maintain ~n accessory building in front yard area and with insufficien side yard. Location of premisss S/S Maple Ave ( Private Road) Off EZS ~Grand Ave Mattituck; Bounded: N~ Maple Ave; E~ M. Smith; S~..~L~ng Creek; W~ M & P Suter. 8!:~0 PM (E.S.T.) Upon application of Patrick & Margaret Walsh~ lots: Lot ~ 11 Bailey Park Subdivision~ S/S Fasbender Aver Peconic N.Y. and lot ~9 Blanche Dickinson subdivision, W/S Mill Road (La) Peconic, N.Y. In accordance with Art III Sec 301 & Bulk Schedule of the Building Zone Ordinance. 8:~0 PM (E.S.T.) Upon application of Herbert Muncy, Orchard La., East Marion, N.Y. for a permit to build an addition on existing dwelling with reduced side yard area. Location of premises: Lots ~ 6~-65-66 Sec II Gardiners Bay Estates, East Marion, N.Y. in ~ accordance with Bulk Schedule of Building Zone Ordinance. 8:' ~0 PM (E.S.T.) Upon application of Joseph & Helen Rakowski to convert existing dwelling into two family dwelling. Location of N/S privat+oad (PR ~22) off E/S premises: Westphalia Road~ Mattituck, N.Y., bounded : N/ MaStituck Creek; E/ J. Arignon; S/ pvt Road; W/ L. FordS in accordance with Art. III Sec 300-B -1 of building Zone ordinance. 9:0~ PM (E.S.T.) upon application of Frank Vanecek to ammend and modify the action, of Board of Appeals incase #1~25 by adding a gasoline dispensing p~mp at a non-commercial marina. Location of premises: E/S Narrow River Road, Orient, N.Y.~ Bounded: N/ H. Demares~ & Sons; E/ Hallock Bay; S/ Plainland Realty Corps W/ Narrow River Road. 9:1~ PM (.E.~.T) Upon application of Xenophon Damianos to ammend Board of Appeals action # 139~ and variances according to Building Zone ordinance Art X Sec 1008; Art XII sec 120~ and bulk schedule Location of premises: Map of Greenport Homes, Main Road (RT 2~ or west front St) and 9th St, Greenport, N.Y. Any person desiring to be heard on the above applications should appear at the time and place specified. Dated Feb 1~ 197~ By order of The Southold Town Board of Appeals W~ Mill I~oad (La.), Peconic, N.Y. In accordance with Art. IH, Sec. 501 & Bulk Schedule of the Building Zone Ordance. 9:40 PM (E.S.T.) Upon ap- plication of Herbert Muncy, Orchard La., East Marion, N.Y. for permit to build an addition on existing dwelling with reduced side yard area. Location of premises: Lots No. 64-65~o6, Sec. II Gardiners Bay Estates, East Marion, N.Y. in accordance with Bulk Schedule of Building Zone Ordinance. 8:50 (E.S.T.) Upon application of Joseph & Helen Rakowski to convert existing dwelling into two family dwelling. Location of premises: N-S private road (PR No. 22) off E-S Westphalia Road, Mattituck, N.Y., bounded: N- Mattituck Creek; E- J. Arignon; S- pvt. Road; W- L. Ford; in accordance with Art. III, Sec. 500-B-1 of Building Zone Or- dinance. 9:05 PM (E.S.T.) upon ap- pllcation of Frank Vanecek to amend and modify the action of Board of Appeals in case No. 1424 by adding a gasoline dispensing pump at a non-commercial marina. Location of premises: E- ~ Narrow River Road, Orient, N.Y., Bounded: N- H. Demacest & Sons; E- Hallock Bay; S- Plainland Realty C~rp.; W- Narrow River Road. 9:15 PM (E.S.T.) Upo~g plication of Xenophon Damianos to amend Board of Appeals action No. 1394 and variances according to Building Zone Ordinance Art. X, Sec. 1008; Art. XII, Sec. 1204 and Bulk Schedule. Location .of premises: Map of Grcenport Homes, Main Road (Rt. 25 or west Front SL) and 9th St., Grecnport, N.Y. Any person desiring to be heard on the above applications should appear at the time and place specified. Dated Feb. 15, 1973 By order of The Southold Town Board of Appeals COUNTY OF SUFFOLK. I STATE OF NEW YORK. ~ ss: ........ ~uaX'~,. ~,. :D.o.-v~z.n .............. being duly Sworn, says that ...hg... is Printer and Publisher of the SUFFOLK WEEKLY TIMES. a newspaper published at Greenport, in said county: and that the notic~o of which the ~n~exed is ~ printed copy. has been published in the suid Suffolk Weekly Times once in each week, for ......... qr~ ............... weeks successively..c~nml, e~n_cing on the ....... f.~.r.s.~. ............. day of ..... .~....e~. :~.:~. !9. .77. . ........... , ............. Sworn ta betore me/this . day of .//./~/.~' .~L ;_/....]../197:~. ] / / ::.,,.::. /,. .... ,/ ),~ :~: ;v;'~N J~ ~O~,N~[!0.~ ..................... ,~, :~31 YOR~ NOTICE OF HEARINGS PUrsuant to Section 267 of Town Law and the l~oVielorLs · t~he antended l~ullding Zone Ord. hence of the Town of Southeld, Suffolk County,, N. Y., public hearings well be held by the Zon- ing Board of Appeels of the Town of Southold, at the Town Office, Main Road, 8outhold. 1~, Y. ~on March 8, 19~3, on the following appeals: 7:45 P. M. tEST), i~pon the vpplication of Ma~tituck Inlet Marina & Shipyard Inc. to erect and maintain an "off premises" d'rectional sign on premises of Aldrich Lane P. ealty A~ociates, northeast corner of Main Road and Aldrich Lane, Lam'el, BI. y. in accerdance with Art. III, ,see. 300-C-6 of building ?~ne ordi- 7:§§ P. M. lEST) upon appli- caU. on of Mattltuck Inlet Marina · & Shipyard, Inc. to erect rcctional sign on premLses of Hey H. l~eew on southeast come,., of Sound Ave. and Aldrich Lane. Mattituck, N. Y., in accordance with Art. III, Sec. 300-C-6 of B~llding Zone Ordinance. eatiml of Mattituck Inlet Marina & Shipyard, Inc. to erect snd display an additional wall ~ sidewall of "on premises" bu~i- corner of West Mill Rm~d and Mattituck Inlet. MattHnck. N. Y. in accordance with Art. VI and Islip, N. 'ff. A/C Dr. Carle,~ zone ordinnnce to maintan acce,~sory building in front yard Oardiners Bay Estates. E:t't Mnr- Sec. 1008; Art. XII, Sec. 1204 and lses: Map of Greenport Homes. on t~e above applications should specified. SO'GTHOLD TOWN COUNTY OF SUFFOLK STATE OF NEW YORKI 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 Counb/; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Mattituck Watch- men once eoch week for ............. weel~ succe$$ ¥el , commencing on the ............. ......... doy o* ........ .'/Y...$.. Sworn to before me this ........................ day of ..... Commission Expires March 30, 197,~ TOWN OF $OUTHOLO, NEW YORK APPLICATION FOR SPECIAL EXCEPTION TO THE ZONIa~IG BOARD OF APi:'EALS, SOUTHOLD, N. Y. Name Streel and Number hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance ~'iih the ZONING ORDINANCE ARTICLE SECTION SUBSECTION STATE OF NEW YORK ) COUNTY OF~ %% c~V~) Signature Notary Public FORM ZB2 North Fo " Audubon Socie i - . a chapter of National Audubon Society BOX 973 · MATTITUCK, L.I., N.Y. 11952 Attention: Zoning Board of ApFeals, Town of Southold, ~. Y. North Fork Audul~on Society, chapt~r of the national conservation society, respectfully presemts this statement re~arding ~'a~lication of Frank Vanacek to am~md and modify the action of Boar~ of Appeals in Case 1~2~, by adding a gasoline ~ispensing pump at a non- commercial marina", etc., as shown in Legal ?~otice in I.ong Island Traveler-]~ttituck ~/~atchman dated Hatch 1, 1973. '~e trust that these views will be considered when a decision is to be made. First, we are puzzled by the term "non-commercial marina". There is a marina at this location which we assume is co~mmercial, :~nd we question how it would become otherwise. Also, the application suggests expansion of the activity of the marina, and this would necessarily attract more boat traffic. This suggests, too, possible eventual dredging at a Flace where there has been none in recent years. The shallow bottom here remoins one of the best local areas for scallops. Additionally, we have boen informed by reliable mersons familiar with the history of the marina at this place that t'~e origi~a? owners were granted permission to o~erate here un~er irstructio~s to have no oil depot; amd a Frevious a~rlicaticn to create a lar~er marina was rejected. Certainly it should be ascertaine~ whether or not the requirements, particularly. Health be~artment· limitations, are ~u]lv met, and whether provisions for eventual enforcement of "pum~-out" laws are possible, before any serious attemtion can be ~ivem to the application. Finally, in direct reference to the gasoline disFensin~ ~um~, we feel that the~uipment would necessa~i]~ be very near the water present the danger of spillage into tl~is extraordinarily clean an~ desirable part of the bay. This area is adjacent to large wetlamds under consideration for acquisition by the State for a ~ark. For these reasons and others which you no doubt have heard or will hear, we feel that the public interest an~ resEect for local ordinances and custom will best be serw~d by rejecting this aFDlicatio~. I,iarch fl, 1973 Gordon z,zac~rlane, Conservation Chairman ~4~,For the i[crth Fork ~.uc, u~cn" ~'" ~ocietv NORTH FORK Town of Southold Zoning Board of Appeals Sou~hold', Ne~ Yo~k Gentlemen, ENVIRONMENTAL P.O. ~OX 278 MATTITUCK, L.I., NEW YORK 11952 COUNCIL Mamch 8, 1975 In reviewing ~is ~pplica~ion , we find that om Sept..5,1~63, a~plfcal~om # 56~; Ap~fI 6, 196~,applicatiom ~68; ~d M~ 6, l~,applf- ca~on ~ ~424, ~e fu~re~ ~ie~ for ~is m~n~ we~ l~it~,~ as~ s~ fo~ by ~ ~,~, ve~ *i~y.. We f~th~ fin~ ~ ~g~ ~ ~e e~s~ condi~fons~ f~mI ~hen ~I the p~n~.. We feel 1.. ~e f~le e2~s~em i~ N~w ~ver ~d H~lo~ ~l~e ~d~on~ ga~lin~ disch~s,, either di~ct!~ or- seeps. 2. Fu~he~ mss by boats would ~d~r ~e m~,wetl~ds ~d Marine Life~ 3. A pe~it for ~ gasoline dispensing p~p being app~ved would~ encour~e ~ i~luz of ~di~ion~ boats, from o~er ~. ~. ,It '~d ~so ino~e ~th c~ ~d b~at t~fic om the So~thold To~ ~at R~p which Is ~ing ~o be limit~ by the T~s~s of South- o1~ To~ as it is ~re~y overcrowded. 5. It would tend ~ ~cour~e the pro~s~ for d~dging in the Pete N~ a~ which we ~t~ly ~pp~e. 6. The e~sting s~it~~ facilities p~vided by this m~in~ ~uld b~ t~d heavily as they were set up to limited use of app~x, m four E~th pe~od, d~lfght hour~ only ~d ~11 no$~ be c~able of h~d- ling ~ded use. We therefore urge you to deny this~ applic~on. Sincerly yours, North l~ork Environmenta& Council, Inc. Loraine S., Terry, Pres. THE LEAGUE OF WOMEN VOTERS RIVERHEAD, NEW YORK 11901 · S T U D I 0 Halyoake Avenue, Orient, N.. T. 11957 Tel. 516.323 3507 March, 1973 Mr. Robert Gillispie, Jr. Zoning Boar~ of Appeals of the Town of Southold Town Office Southol~, N. Y. Dear Mr. Gillispie, With regar~ to Ease NO. 1424 on the agenda for March 8, I shoul~ like to register my absolute opposition to the a~dition of a gasoline pump at the non-commercial marina on Narrow River Roa~. At the time the marina was $o1~ by the estate of the late E~win King, the new owner was ~enied the request for the addition of a gasoline pump. There is no reason why that refusal should now be reversed. The facilities at the marina are limited by the quality of its access. Unless that too is un,er consideration for amendment an~ modification in the near future, the convenience to a small number of power boat owners ~oes not constitute sufficient reason for the far-reaching changes which might result from the introduction of a "non-commercial" gasoline pump. Sincerely yours, Robert Berks 145 WEST 86TH STREET NEW YORK, N, 'ff. 1002,4 .~:arch 3, 1973 Robert di3]is?ie, .!r. $outhol~ ['own ~aor~ ~uthold, N. Y- 11975 [)ear Mr. Oillispie: fhursOay evening will be a hearing concerning the request of Mr. Prank Vanecek to install a gas pump at tXarrow ~/iver ;qarima, tXarrow ,tiver R3ad, Ori~mt. lhis letier is i~ protest t~ s~ch action, a~d ! o~jose the action for vRr {OllS r~RSO~S, ~irst, as a person who has bcd a Doat at the Marina for f.*ur year, I ~ppose this action, fbe argument of adde~ c*~venience for pre~ent mar/ma tena~t~ is inw?id, beca~se %a~ amd ~{1 ma? be easily purchased at tb~ n-arby gasoline st~ti*~..~ltbnt~gln, u~d~nin'.,ly, the ~asoline pump w,:mld be sons why t~is would he dama~in~ t~ the zrea. i'he marim~ is situat-~d in a back c~ve in the inlet. ~ven with the movement of tides and wind, the wzter does not clean itself ra~idly, lhis can be witnessed e~pacially after a heavy rainstnrm when ~UCh dirt has eroded into the iv~ter, fhe water stays br,*w, for about 3-5 days after the ~t*rm. ;~ith the oil spillage and gp.g !e~kage fr*m the pu~, the increlsed number of b~ats, ama the water umable t* ,mve freely, t,ere is ~rave aan~er of ~oltuti.1 t~ area. -(qB,4~Iai~]'.-N'e~,"~2;i-~llT~'B1- Orient, N. ¥- 11957 ,tJtbough Dart ef -a~oline eva'~.~rates, the mineral con- t.,t does n,t aaa weuld cMlect witt: the oil ~ have ~isas- trous ~ffects. ~ly t~e last tw~ years - most e~pecially this where they brePd amd f~ is eppesit~ the marina and cai, ~msily b~ d~stroye~ a~ain becaus~ the water ao~s not move freely. Por the last few y~ars, clams have b~cn brou;ht frem polluted waters t~ this cr~k to clean themselves. ~ th~ ltorth fork, this is, at present, one of the last clea. Preen- ing grocmds for clams. ~ventually, as we know now, all life fu?p~rt~d Dy the water will be effected. kastl¥, althouk, b x am an oursioer to Orient, x have been on the board of Directors o£ the Oysterpomos i4istorical ~oc- ietf, serving as freasurer of the bociety f~r the past five ment knd history of Orie~t zn~ the need t) preserve and pro- tect the cultural aild natm'al aspects off the area. fbe last sub, ers have show~ a large increas~ ~n visitors to Orient, ~specially tourists, and there is every r~ason to su)p~se the number of tm~rists will continue to grow. The ~urism itself attracts ~gre Iisitorg am~ will brims m.re boats the creek with the i.crease~ detrimental effect om t~.te waters Ori~t is a unique c~mmtwity, and one of the reasons for t},is is the large amount .f acreage of unspoile~ wet- lands ~round the marina. Since we ~w knew how fragile wet- lan~s are beca. use any action such as i.stallatiotl of · ~as pump surely begins the de~tructi,~ ef these wetlm~8$. · f a gas Dump at Narrow River Marina. thank you for your consoOeratio, ~f t~is l~tter. Mr. Robert Gillispie Zoning Board of Appeal~ Town Office, ~ut~c]~~, ~.~. Brown's Hills Orient, N,Y. 11957 Monday 2.car }~. Gillispie, We would like to enter our objection to Mr. Vanacek's application for a gas pump at the marina on Narrow River Road, in Orient. Long Beach Bay cannot support too many motor craft without endangering its marine life. We feel that a gas pump, which is certainly not required by the local people who use the marina, will serve as an invitation to a larger boat population. Our own boat is in Mr. Vanacek's marina, and we are content to take gas down from the garage, or fill up at the large marina by the Point. Sincerel.~y, ~ Robert and Ellen DeMaria