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HomeMy WebLinkAbout1665 TOWN OF SOUTHOLD, NEW YORK DATES-Opt.-2.U,1972 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1667 Dated September 7, 1972 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Walter and Pat Coutts Appellant Main Road Southold, New York at a meeting of the Zoning Board of Appeals on September 28, 1972 the appeal was considered and the action indicated below was taken on your ( ) Request for vapiance due to lack of access to property ( yy) Request for a special exception under the Zoning Ordinance ( -7 Request for a variance to the Zoning Ordinance 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception f ) 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 because 9:2 0 F.M. (E.S.T . ) , upon application of Walter and Fat Coutts, Main Road, Southold, New York, for a variance in accordance with Article VII, Section 701 and Article XI, Section 1101, of the Zoning Ordinance for a reduction on parking requirements in existing business building and parking lot . Location of property: Main Street and Youngs Avenue, Southold, New York, bounded north by Main Road; east by G. Edson; south by Latsor, and others; west by Youngs Avenue. 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 or unnecessary hardship because SEE REVERSE (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 SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because 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. SEE REVERSE A. �� l ZONING BOARD OF EALS FORM ZB4 C- 7 Zi i J zP Marjorie McDermott, Secretary Chaff man E of Appeals Southold Town Board of Appeals After investigation and inspection the Board finds that applicant requests permission to reduce parking requirements in existing business building and parking lot located at Main Road and Youngs Avenue, Southold, New York. The Board finds that the petitioners wish to establish a restaurant and luncheonette on the south side of Main Road, Southold. The proposed restaurant and luncheonette will have 40 seats which will necessitate 8 parking spaces for cars. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the `spirit of the Ordinance. THEREFORE IT WAS RESOLVED Walter and Fat Coutts, Main Road, Southold, New York, be- GRANTED a Certificate of Occupancy upon completion or alteration of building adjacent to supermarket, formerly H. C . Bohack. The building under consideration is the second store from the east. A condition of granting the Certificate of Occupancy shall be that the total parking area owned by Flora F. Lesser shall be reduced by the allocation of 8 parking spaces (under the present Zoning Ordinance of December 1971) from the total parking area available on the lesser property. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Grigonis, Doyen. //e7 G 56, F, otice of Zcarings ~ursuant ~o ~ec~o~ 2o/ of -0ks l'own Law and -0lle provisions Suffolk Co'~qty~ New Iork~ '>"-'~ ~elc. ~e~ York~ on September o~ ~ e.~ ] ~w~'~-~ appeals .~.o .) Upon ap~licaticn~ of George oma" ' Rose ~--no. ersr 306~ "~'" ~ -" ~ ~:~c~ },,.~. for a v ...... ce in with Article *'-*** ~ section, 30t oe_ %he ZoniNg Ordinance lop to set off a to% '""=' ~.~n area. ~oc~ulo~ of ,,lu,a less ~->'~', re%uirod ....... :~ ' , S Riddle ~ ~ipe~ ~ Aodens~ein~ ea~-:ou o'.F, COCOS.,049~ ~,vg~aE,ce in aCOCFC'&NCS wit!l :,r%gcle i!i sec%icl, 302 ~. indian ,'.~ck s~,.ne ~'~ '~;te~-' ~' ~ ,,. ~. g;00 P.~.'i. (E.i'.$ .T. ) ~''' .... - ..... *" ~u,O~ 8,:3%11081%3011~ :. _ of PredePick 2r~ce~ ,~ev~e%a ~o~.e~ P, assau Point} Cutchogue~ N.Y.: fop eerm~sslon %o erccv an accessory 'o%~mc._..~a,-=~ ]-~-r,c Ari' fl'C, Rt yard area a varlaNce_ in accor,- dance ,.'Pith. P~rticie -'"~ secsion 302 of ~ ' ..... '~'' ~ ~ ~ oril~ o s. e li%~Nc e Location of propeI%y~ W/S wumnewesa P~oad~ Lot i;:227~ map of Nassau Zcint Pro- 6:15 P.iq. (Z.D.D.T.) upon a ,plication of Xarcetle :{aish S. ~,nothe Xorton Po!nt~ Southeid) N.!. for Special excection ir accordance with~r~lc~' '~ iii~ section 300~ ou~oec~oE z-le~ ~or eermisslon so '~ '6 ' 1972 Pg, i~ date Oct I~ 1972 on ~ren..ises ~ ~o=¢~ a yarc sale on Sect. 30~ ; 8:20 P.~,.. ~.~,.S =' ) v,~_,o:, .i. --~ - a?;olication of Nicholas oa;.~na~ 9 ..... section 301 p~ ~ .... - ' ~O~--~**s O~C~i%eNoe for recLic%io% es~aotisked ' ' ..... ' ' se%u~;..cx. Locatiom cz proper%y~ s/o Reeve View ,~-¢e~ "¢ ............ ,1, .;. ici x~ 6: map of Salt ~ire 1i West bgst New lork~ Z',~,!. zo~ variance and .... previous action of ~ ...... Au, peats ~ a ~.s ..... - z o~:~P{,, o~ ~ ~n ccoz ~,nc e 2rticie co,zen S~ of ~o~zrzg ~r~nance, ~ .... ~' _ =o~len of property~ Private road (~_u.c~,e~_~. i''~{~ Zid) off west si~e of Lay ,=ve~ East i<,arion~ . ~,enx a~'"-a~+~..~ E. ::~. Nandaro~ ~. Gardiners ~ P ...... (E.D.S.T.) Upon a- - ' ~c~,' ~ ~, 8;pO . .~,~. ppm~ ~o~ of Leslie ~iger~ Vernol% St.~ Warren ~ z~.z. for ~a ~=~n ~rticie .... ' verl n~ in accordance ll!~ section sO' & /' ~sermission to set off lot ~th less ....... ~Ie~' ~ a ~,neN re q,o. lr ee Loca%ioN others. 9:!0 P.K. 2, ox ~ ' ' for special .... ~-' 9'7~ Depot La.~ Cuvchogue~ Z~ TM . e~eeiJulO~ to .... ~ ~-~ ~'~ ~1~ ~.C ~O~.~,l corner ~' ' Cutchogue: P,~ .I. on Depot lane (suc~ Pond Nd)~.~'~-~ Vista PlaCe: ~' ' '~ lot if 1! ~,o premises of Nzcno~ ~ieano~ ~ ~.p of Vista Yo-~u~gd ~kve. ..- .D.o.[.) u,oon ap-olication of Cassie t, outon~ ot'~ ......... ~ ~ h./,. for special .... to hold yard sa~e On ;..e~,,ls .... of ~Cherry ~.~:.e .... m~ Oct. 7~ 1972. Location oz prop- erty: '}~'/~ 9th St~ Greenport: N.I{. z,o~:ltea: N I,.i.R.R.~ E 'S peconic Zay~ W T. ~ ....... ~ ~ 9:~0 P.i'.. (E.r~.,~.z.) upon a?~lication of Estate of ~ad_ Case ~,. ~ ~%: . .. for variance in accoro.~nce ~;m~ Article iii~ oaction Z ' 301 of onmng Ordinance to set off los with less than required 9;20 P.N. (,..~ .... T.) U-con, a:)-olication.,., of ~,~alter i<aiI:, iLoad~ Southo!d~ N '; f'or variance .in accords, nee witk Vii~ section 70~ a Art Xi section 210~ 'of ZoniN~ "~:~' red~ctiol], on parking requirements in~m~'ulno~ business parking lot Location of proper~y ~lain St a lo~_gs Ave !i.Y. 'soured. ed '~' "'" ~ "'~ o." TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSP_CTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. /~/O//~' DATE ............ Name of Appella,nt Street and Number ............... ~..q.U~Q,~.q ........................................................... ..~.~..ff..O,.~,..~. ........ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDSNG~N,SPECTOR ON ......... ........................... ......... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Main Road $outhold, New York Street and Number Municipality State ( ) PERMIT TO USE (X) PERMIT FOR OCCUPANCY '(X ) ~BUILDING PERMIT 1. LOCATION OF THE PROPERTY Main' Road,West of ~.C. BohaCk Inc. "B-l" Street Use District on Zoning Map . .S..e..e.....a..t...t..a. ,9.k~.~ ...~ ~ p....a..~ ~, .~.%..o..o..[ ....~..Z. ?..9 .s. ,.. ~ o r Store Map 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. Da not quote the Ordi,nance ) Article VII, §701, Articl'e XI §1101 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New YorkTown Law Chap. 62 Cons, ,Laws Art., 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (lr~r~'(has 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 aha was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance isrequested forthereosonthat the petitioners wish to establish a restaurant and luncheonette on the south side of Main Road, west of H. C. Bohack Inc., Southold, New York 11.971. Form ZB] (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- san/HARDSHIP because the petitioner or his landlord have no means of exPanding existing parking facilities. 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 because the subject building pre-existed the present zoning ordinance which allegedly makes it non-complying. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the proposed use is permitted, see Article VIi $700 Southold Zoning Ordinance;the presently existing parking spaces servicing the stores on the subject lot meet the requirements of the ordinance, see Article VII §701, Article XI §1101, Southold. Zoning Or- dinance; the subject building will 'not be ereeted, reconstructed, restored or structurally altered, therefore~ no building permit is necessary nor should same be denied if requested as a precaution, see Article XV §1501, Southold Zoning Ordinance. STATE OF NEW YORK ) ) ss ........ .................... COUNTY OF SUFF'OLK~ ' / ~ '.' Signature Flora F~ Lesser c/~ kcb=rt A. Stern Cradle Rock Road Pound Ridge, New York 10576 #2180 - Main Street, SoutP~cld, New York Dear Mrs. Lesser: As a matter of courtesy and so that you may have fh~l kr, cwledqe of all mateez~ in relation to the property, ple~e be ~dvi~d that The Bohack Corp~ratlcn intends to disccLtlnte its operations at the ~bove premises, as of Saturday, September 9th, 1972. the foregoing should be of little concern as Tea ~c~lmck Corporation w[ll abide by all its obligations as in the Agreemett of L~ase dated April 5th, 1963, thereln contained. Very truly yours, THE BO~CK CORP¢~ATION Stephen Chapklin vice President-Real Estate SC:~d C Q 11971 GEORGE C. STANKEVICH ATTORNEY AT LAW BOX 1578 SHELTER ISLAND, N.Y. 11964 (515) 7&9-132a Mr. Howard Terry Southold Town Building Inspector Main Road Southold, New York 11971 September 7, 1972 Re: Walter and Pat Courts Dear Mr. Terry: Please find enclosed three fully executed copies of the subject appeal to the Southold Town Board of Zoning Appeals together with the $15.00 filing fee. My investigation leads me to believe that the ex- isting parking fields and structures satisfy all requirements of the Town Of Southold Zoning Ordinance. The enclosed plot plan and parking lot layout indicates that the total first story area of H. C. Bohack Inc. and the adjoining stores is 11,375 feet, which when divided by 200 feet gives us the 57 parking spaces required by Article XI §1101, Southold Zoning Ordinance, which is in fact exceeded by the 63 exist- ing parking spaces provided on the parking lot layout. How- ever, the actual public or sales floor area of H. C. Bohack Inc. and the adjoining stores is far less than above describ- ed due to the fact that at least 40% of the total floor area is excluded from public use and used for bulk storage of goods. A similar reduction of the required parking spaces leaves us with the figure of 34 which is greatly exceeded by the existing total of 63. Furthermore, I do not believe a building permit is necessary for the installation of the restaurant facilities since no building will be "...erected, reconstructed, restored or structurally altered..." as pro- vided by Article XV J1501, Southold Zoning Ordinance. I would appreciate your prompt consideration of this matter. encs.