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Home My WebLink About3756 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SnUTHnLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. .R$C~RT J. 3$UGLA§~ J~)$EPH H ~AWJCKI ames Dlnlzlo, Jr. ACTION OF THE BOARD OF APPEALS Application of HENRY J. SMITH and THE COVE AT SOUTHOLD, INC. for a Variance to the Zoning Ordinance, Article VI, Section 100-60 for permission to erect off-premises directional sign. (Business Zone District). Location of Property: South Side of the Main Road (S.R. 25), Southold, NY; County Tax Map Parcel No. 1000-70-07-007. WHEREAS, a public hearing was held and concluded on August 18, 1988 in the Matter of the Application of THE COVE AT SOUTHOLD (HENRY J. SMITH) under Appeal No. 3756; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application for a Variance from the Provisions of Article VI, Section 100-60, Subsection C(2a) to erect a 3' x 5' directional ground sign upon premises located in the "B-i" General Business Zoning District located along the south side of the Main Road (State Route 25), Southold, with setbacks proposed at approximately 35 feet from the northerly (front) property line as more particularly depicted on sketched survey (received August 11, 1988). pag% 2 ~ Appeal No. 3756 Ma~ter of COVE AT SOUTHOLD/H.J. SMITH Decision Rendered October 6, 1988 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 70, Block 7, Lot 7 containing a total acreage of 2.2549 acres, having frontage along three roadways, and improved with structures, all as shown on the April 13, 1967 survey prepared by VanTuyl & Son submitted for consideration hereunder. 3. Article VI, Section 100-60, Subsection C(2a) provides for the placement of one ground sign for lots'located in this Zone District, advertising "...only the business conducted on the premises .... " 4. The premises at this time is used for plumbing and electrical contractors office uses, and the general wording of this proposed sign does not meet the intent or requirements of the Zoning Code as applied. 5. In lieu of the ground sign normally permitted for this lot, the applicant is agreeable to substituting the subject sign; thereby having not more than one ground sign on the premises. 6. On May 5, 1966, and again on March 22, 1979, the Board of Appeals established guidelines and principles governing signs not specifically covered in the Zoning Ordinance; and in order to assist the travelling public and in the interest of traffic safety, the Board established the following types of activities for which a reasonable number of off-premises signs, directional only, may be conditionally granted for a limited time period: a. Motels, hotels, tourist houses b. Restaurants and eating places c. Churches d. Ferries, transportation e. Subdivision/development signs f. Shopping centers or business districts g. Amusement areas h. Civic activities i. Federal, State, County, Town owned signs. 7. It is the opinion of the Board that the placement of not more than one ground sign would not be adverse to the essential character of the district. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to GRANT a Variance in the Matter of the Pag~ 3 ' Appeal No. 3756 · Ma~ter of COVE AT SOUTHOLD/H.J. SMITH Decision Rendered October 6, 1988 Application for THE COVE AT SOUTHOLD, INC./HENRY J. SMITH for the placement of one three ft. by five ft. (3' x 5') ground sign, Appeal No. 3756, with the wording as applied: "The Cove at Southold - TURN RIGHT ONTO MAIN BAYVIEW ROAD (GULF STATION)," SUBJECT TO THE FOLLOWING CONDITIONS: 1. There be not more than one ground sign existing at any one time on this lot; 2. This directional sign will be permitted for one year only. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Doyen. (Member Sawicki was absent due to serious family illness.) (Member Dinizio abstained.) This resolution was duly adopted. RECEIVED AND FILED BY THE SOUTHOLD TOWN CT.EP~ DATE /o/,z~c/~ HOUR 3 "~p~ Town Clerk, Town of Southold lk GERARD P. GOEHRINGER CHAIRMAN NOT~.CE OF HEARINGS L aw NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Me'eting at the Southold Town Hall, Main Roa~,- S~uthold, NY ~1971, on THURSDAY; ~UGUST l"~, 1988~ at the~ ~ollo. wing times: 7:35 p.m. Appl. No. 3740 CAROL MAGUIRE. Variances the Zoning Ordinance, Article. III, Section 100-32, for the placement of accessory building in an area ~ther than the required rearyard, and Article XI, Section 100=119.1, for to the placement of a fence in the frontyard area ~n excess of the maximum-permitted four-foot height requirement. Location of Property: 2500 Nassau Point Road, Cutchogue, NY; County Tax Map Parcel No. 1000-104-12-14.1. 7:40 p.m. Appl. No. 3750 SEYMOUR AND MERLLEVINE, Variance to the Zoning Ordinance, Article [II~ Section 100-32 for placement of an accessory building in an area other than the required rearyard. Location of Property: 460 Private Road #8, East Marion, NY~ County Tax Map Parcel No. 1000-23-1-3~2~ 7:45 p.m. Appl. No. 3751 - JEAN C:"~OEEAND/LONGNECKER. Variances to the ~6ning brdin'ance, Article III, Section 100-31, Bulk Schedule, for approval of proposed Parcels an~ B having insufficient area and width. Location of Property: Sunset Road~ Beach Lane, and Lowland Road at Nassau Point Mao Section C, Lots 327 and 328, and Walter Grabie Map, Lots 36 and 37; Cutchogue, NY; County Tax Map Parcel No. 1000-111-10-18, 1~ and 2. A Page 2 - ~otice~of Hearings Regular Meeting August 18, 1988 Southold T6Wn Board of Appeals 7;55 p.m. Appl. No. 3753 VINCENT GEROSA. Variance to the Zoning'Ordinance, Article XI, Sectior¥-lOO-l-19.2A, for per- mission to construct additi-ons to existing~dwelling with an insufficient setback from the top of ban~ or bluff along the Long Island Sound~ Location of Proper'ty: 31.~-Aq-uaview Avenue, "East Marion, NY~ County Tax Map Parcel ~o. 1~00~-21-2-3. 8:00 p.m. Appl. No. 3755SE - TIMOTHY COFFE¥ AND THE COVE AT' SOUTNOL~, ~INC. Special Exceotion to the Zoning Ordinance, Articl. e-}¢I,_Sec-ti.oni.lO0~20C, for permission to erect off-premises-directi.~na.t-sign. Location of Property: Scru.th Side of the Main Roa~ CS.~. 25), Sou~hold-, NY; County Tax Map Parcel No. 1000-75~06-7.~3. .- ~:05 p.~. Appl. N~, ~Z56V -'HENRY J. SMITH AND THE'COV"~ AfSOUTHOLD, IN~.--. Vari-ance to {he Zoni-ng Ordinance, Article Sec. tion 100 60, for permission to erect off, premises- -- directional-.sign. Location of Property: Sou'th Side of the Main Road (S.R. 25), Southold, NY; County Tax Map Parcel -70-07-007] (Business-Zone District). 8:10 p.m. Appl. No. 3744 ~ILLIAM BAXTER, JR. Variances to the .Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of lot in a proposed set-off to be considered by the Planning Board. Location of Property: Private right-of-way extending off the north ~side of Oregon Road, Cutchogue, NY; County T2x Map Parcel No. 1000-.72-2-2.1 and 3. 8:15 p.m. Appl. No. 3754 - ~NDR.~E AND THOMAS CYBULSK~. Variance to the Zoning Ordinance, Article III, Section lO0:30A for permission to utilize existing barns for storage of- general items (instead of agricultural s'torage) and use as ~n alternative under New ¥~rk Town Law, Section 280-a existing driveway for access. Location of Property: West Side of Depot Lane, Cutchogue, NY; District ]000, ~Section 96, Block 5~ Lot 1.2 and part of 1.1--; Dated: July 27, 1988. BY ORDER OF THE SOUTHOED TOWN .. B.OARD OF APPEALS GERARD ~. GOEH-RINGER, CHAIRMAN By Linda Kowalski TOWN OF SOUTHOLD BUILDING DEPARTMENT. TOWN CLERK'S OFFICE SOUTIIOLD. N.Y. NOTICE OF DISAPPROVAL PLEASE 'FAKE NOTICE~ fl,at your applic,a, tion dated ..~...~.,~4ff. ~. ........... 19 ~.. Location ofProperW ~,;s~,)~o~ ....................... ~/e3~ ' '~'~ .......... ~ ..... ~/;,/o~ ~ ~ Co,,ty'r:,~ M~p No. moo s~ti,,,, ..-...~ .... ~:o~k ...... .~.~.... ko~ . ~-.~ ........ n ~ Subdivision ................. I:~!ed Map No ................. Lol No ................ ~ ..-_ .......... : ........ ~ ......... Ne .... ~'&~..~.~.~.~ .z ~.~.... 7 ............................... Building Inspector 'row. o:: sou'mo:. , ~~ECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. (We) .~.~..~e.C~..~.~..~¢e~.e..~..C: ...... of ....-~...~......~(....~C~.~.~..Y..~Lfi~..~.~/-/ Name of Appellant' Street and NumJ~r ...,.,?...o...~...~.,.o.,.~..~,~,.~_......~.... .................................................. ..,/~......~... ........ HEREBY APPEAL TO Municipality State of ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (/xC) PE~<m/~- 7~ THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ...... ./..~.7..~.../ .................. DATED ................. ..~.. .............................. WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit Street and Number Municipality State 1. LOCATION OF THE PROPERTY ......... ~.~/ .............. ~ ......... , .................. ~ ................................. Street /Hamlet / Use District on Zoning Mop District 1000 Section¢?o Block~Loto~ Current ~ner ~y ~, ~m)~ No. Lo, P.io. 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 (please check appropriate box) ( ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access tState of New York Town Law Chop. 62 Cons Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~(has not) been mode with respect to this decision of the Building Inspector or with respect to this properly. Such appeal was ( ) request for a special permit ~/~ ( ) request for a variance and was made n Appeal No ................................. Dated ..................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~/~) A Variance to he Zoning is requested for the reason that /~Z ~ y~/ C ~~ ~ /~ ~ /..~ ~- P? ~ ov,,9 c ~:~ o m -ms .~ Az 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 2. The hardship created is UNIQUE and is not shared by afl properties alike in the immediate vicinity of this property and in thi~ use district because 3 The 'variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CMARACTER OF THE DISTRICT because ~ i ~ .~'_.~ /:~N~-/~ ~x~ /__ ~z;~£~O/v' ~c~f~c~fT? / 7'7-JZ~ OWNER FORMER ~ER RES. SEAS. LAND IMP. A~GE NEW Tillable Tillable 2 Tillable 3 Woodland - Swampland Brushland House TOWN OF,~SOUTNO~.D P~OPERTY RECORD CARD STREET - VILLAGE DISTRICT SUB. N ACREAGE LOT FARM TOTAL DATE IND. REMARKS Est. Mkt. Value · BUILDING CONDITION BELOW ' ABOVE Value Per Acre Value FRONTAGE ON WATER ,FRONTAGE ON ROAD BULKHEAD DOCK M. Bldg. Extension Extension Extension ndotion ~_~ c., t~b~ Ext. Walls Zire Place Porch Porch Beth oors Finish Heat Roof Type Rooms 1st Floor Rooms 2nd Floor Dormer