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HomeMy WebLinkAbout2611 10/11/79 TOWN OF SOUTHOLD, NEW PORT{ DATE ....................... ACTION OF THE ZONLtiG BOARD OF APPEALS Appeal No. 2611 .- Dated September 19, 1979 ACTION OF THE ZONING BOARD OF APPEALS OF TFiv TOWN OF SOUTHOLD To REICH BROTHERS AUTOMOTIVE SERVICE INC. Appellant Front Street Greenport, NY 11944 (William H. Price, Jr. , Esq. as agent) at a meeting..of the Zoning Board of Appeals on October 11, 1979, the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property XX) Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance 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 Bui►ding Inspector ( ) be reversed ( ) be confirmed because 8 :00 P.M. Upon application of- Reich Brothers. Automotive ,�..: Service Inc. , Front Street, Greenport, .New York (William H. Price, Jr. , Esq. ) , for a Spec%al Exception to the Zoning -Ordinance, Article IX, Sections . 10.0-90 . and 100-91, for permission to operate an Automo- tive Repair' 'Shop. _ Location of property: Rocky Point Road, East Marion, - New York; , bounded north by Edwards, east by Estate of Nowell, south by Muir, west by Rocky Point Road. (SEE REVERSE. ) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would rot) 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 vas further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be co^�irmed { ) be reversed. APPROVED l� ZO`L\G BOARD OF APPEALS FORM Z 4. tl T Chairman and of Appea 2 After investigation and inspection, the Board finds that the applicants are requesting a Special pecial Exception as lessees with an option to purchase the subject parcel, which has become merged with its northerly adjoining property because of same ownership. The application Exception is within reason'. The p on for a .a;� the applicants. Board agrees with the reasoning 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. the property and in the same use district; and the variance will not change the character of . theneighborhood and will observe the spirit of the ordinance. On motion by .Mr.. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that REICH *BROTHERS AUTOMOTIVE SERVICE INC. ,: ' Front .Street, Greenport, New York 11944, (William H. Price, Jr. , Esq.. as agent), as Lessees be GRANTED a. Special Exception to the Zoning Ordinance, Article- IX, Sections 100-90 and 100-91,'. for permission to operate. an automotive repair shop, SUBJECT to the following CONDITIONS:,` -7- (a). That the' applicants *conform with. the -rules and"-'kegula- tions of the Southold Town Board of Appeals including: . . .1) No, major repair work to be done in the open; . . (2) '' No automobiles or automobile parts, dismantled or damaged vehicles and similar articles shall be stored in the. open; and -no- parking 'of .vehicles other than those being serviced shall .be.'permitted; (b) . `That- the applicants conform with ,the Southold Town BuildiCode.' -inclilding but not limited to, Article VII, Sec- tion 10 -70; . , Thatwhen a conveyance is anticipated of this parcel :.to se ate same from the 'northerly adjoining parcel, approval is required from the' Bo' ard. of Appeals for a Special Exception as requested in the within application and from other depart— ments as is deemed necessary; *. (d) That when a- conve'ance is anticipated of this parcel o*t se rate '.same from the northerly adjoining parcel, approval is required- from the Southold Town Planning Board and the'' Board of. Appeals f or' its .-subdivision and other procedures as may become necessary.. Location of property: Rocky 'Point Road, East 'Marion,. New York; bounded north by Edwards, east by Estate of Nowell.' south. by Muir,, west by..Roc.ky Point Road. * Vote of the Board: Ayes : Messrs. Douglass, Grigonis Tuthill and -Doyen. A LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and Provisions of the Amended Building Zone Ordinance of Southold Town, New York, public hearings will be. held by the Zoning Board of Appeals at Town .Hall, Main Road, Southold, New York, on' Thursday.,, b.c.tober 11, 1979 on the following hearings: 7 :30 P.M. (D.S.T. ) Upon application of Charles and Edna Hart, Smith Drive Southold, Southold, New York, for a Variance to the ( Zoning Ordinance, Article III, Section 100�_-31, for permission to subdivide with -insufficient. area and for permission to construct dwelling with insufficient rear and setback. Location of proper- ty: Smith' s Drive North, Southold, New York; bounded north by Stith Drive; south by Smith Drive South; east by Smith Drive South; west by Carway and Hoffman. 7 :45 P.M. (D.S .T. ) Upon application of Thomas and Jacqueline jocchiogrosso, 77 Vanderbilt Boulevard, Oakdale, New York (Iry inq L. Price, Esq. ) , for a Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to construct dwelling , with insufficient frontyard setback. Location of property: Corey Creek Lane, Southold, New York, bounded north by Corey ( Creek Lane; south by Corey Creek; west by Hammerschlag; !least by Corey Creek Lane. 8 : 00 P.M. (D.S .T. ) Upon application of Reich Brothers ILL _-ce Inc Front atreet, Green ort, New York (William H. Price, Jr. , Esq. ) , for a Special Exception to the 11 Zoning Ordinance, Article IX, Sections 100:-90 and 100-91, for ;; permission to operate an Automotive Repair Shop. Location of i! property: Rocky Point Road, East Marion, New York; bounded , north by Edwards; east by Estate of Nowell; south by Muir; west by Rocky Point Road. 8 :15 P.M. (D.S.T. ) Upon application of Gertrude C. McLean, / ' Blue Marlin Drivel Southold, New York (George C. Stankevich, Esq. ) LEGAL NOTICE '. NOTICE OF HEARINGS Pursuant to Section 267 of COUNTY OF SUFFOLK the Town Law and Provisions STATE OF NEW YORK of the Amended Building Zone' Ordinance of Southold To", New York,public hearings will beheld.bythe Zoning Board of Patricia Wood, being duly sworn, says that she is the _Appeals at Town Hall, Main- Road,Southold,New York, on a Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, Thursday,October 11, 1979 on. ❑ public newspaper printed at Southold, in Suffolk County; the folt.t hearings: 7.30 . (D.S.T.) Upon and that the notice of which the annexed is a printed copy, applicat�ii as on of Charles, and h been ublished in said Lon Edna Hirt;Smith Drive.South- P g Island Traveler-Watch- old, Southold,New York,for a man once each week for Variance to the Zoning Ordinn- "' "' •• •••• weeks • ance, Article III, Section 100- successively, commencing on the ......Y­ 31,for permission to subdivide with insufficient area and for day of permission to construct dwell- ""' ing with insufficient rearyard , setback. Location of property: L.J.. i Smith's Drive North, South- • ••••••• .......�••••••••••••••. ' old,New York; bounded,north by Smith Drive; south by Smith Drive South; east by q Smith Drive',South;,west by f Carway and . Sworn to before me this :7:45 P.M. (D.S.T.) Upon ............... day or ;'application of Thomas ,and Jacqueline Occhiogrosso, 77 ......•""•'•. 19.•�I Vanderbilt Boulevard, Oak- dale, Ne York (Irving L. Price,Esc ), for a Variance to the Zoning Ordinance, Article 111, Section�AO-31,for permis- .... ....... .. ........ ........................ ............. w. Sion to construct dwelling with Notary Public insufficient frontyard setback., Location of property: ' Corey Creek Lane, Southold, New ANTOINET TE BERKOSKI York,bounded north by Corey NOTARY PUOUC, State of New York Creek Lane; south by .Corey ftidiN in Suffolk County Creek; west by Hammer- No. 52 .i�C11{tisslotl f;,Xpi�@&March afch 30, 19& schlag; east .by Corey Creek Lane. 8:00 P.M. (D,.S.T.) Upon a of eic ro lers Automotive ervice inc-,-Front ree o New or m ceJr., s . •for'a peciaException to•the Zoning Ordinance, Article IX, Sections 100-90 and,100-91,for permission to operate an Auto- motive Repair Shop. Location of property:Rocky Point Road,. East Marion,New York;boun- ded north-by Edwards;east by Estate of Nowell; south by Muir; west by Rocky Point, Road. 8:15 P.M'. (D.S.T.) Upon application of Gertrude C. McLean, Blue Marlin Drive, Southold, New York (George C. Stankevich, Esq.), for a Variance t,the Zoning Ordin- ance; Article III ,Section 100- 31 for permis'�ion to construct dwelling with insufficient front �. and rear-yard-setbacks, .and New York Town Law, Section 280A for a`roval of access. Page.18 c " - �(` 4e �suffoih Times notices LEGAL NOTICE width. Location of property: NOTICE OF HEARINGS Main Road East Marion New to erect an off-premises di- Pursuant to Section 267 of . York; bounded north by'Rey- rectional sign. Location of the"Town,Law and Provisions bine, south by Main Road property: Tabor Road and i of:the Amended Building Zone Main Road, Orient, New Ordinance of Southold Town, vest by Limouze,east by Dam York; bounded north by Main leing duly Sworn. New York public hearings Pond. ' P g 9:00 P.M, (D.S.T.) Upon Road, Ferreira, Gloria, Wer- � will be held by the Zoning application Vincent and inkowski,south by Orient Cen- pf the SUFFOLK of ent Board of Appeals at Town Catherine Acof 35 entGle andrich tral Cemetery, west by Tabor" Hall, Main Road, Southold, Drive, St. James New York Road, east by Terry. ireenport. in said New York, on Thursday, Oc- 10:35 P.M. (D.S.T.) Upon (Rudolph H. Bruer, Esq.) for _ I tober 11, 1979.on the following a Variance to the Zoning application of.Southold.Town . sexed is a printed hearings: D e m o c r a t i c Committee; ) Ordinance,Article III,Section 7:30 P.M. (D.S.T.) Upon 100-31 for"permission to con- Southold; New York, for a lk Weekly Times application of Charles and Special.Exception to the Zon- Edna.Hart,Smith Drive South, struct dwelling with ..Lo a-1 ing Ordinance for permission ' lent frontyard setback. Loca- � weeks Southold,. New York, for a ,` to, erect,an off-premises di- . . ` ' ' ' ' ' ' ' ' ' tion of property: Gagen s. - Variance to the Zoning Ordin- rec'1i�tlpal sign. Location of K ante, Article III, Section 100 Landing Road and Clearyiew Avenue Southold, New York property: Maiu Road South- 31 for permission to subdivide ' old New York; bounded north bounded north by Clearview with insufficient area and for by Willow Hill Cemetery; I Avenue,south by Goose Creek,, . permission to.construct dwel- , south"by Bogovic, Goldsmith, r, west by Gagen s. Landing , , , , , , , , , , , , ling with insufficient rearyard west by Lower Road,'east by setback.Location of property: Road, east el Gagen,_Lade- Main Road. Smith's Drive North, South- m9:1 and P.M. (D.S.T.) old New York;.bounded north 9:15 . (D.S.T.) Upon 10ic P.M. Southold Upon Du- bySmith Drive south b application of Stuart v ue application of Southold Town Y bon, 293 Randall Avenue, Democratic Committee, Smith' Drive South;. east by Southold, New- York, for a l Smith Drive South: west by Freeport, New York, (Gary_ Special Exception to the Zon- • Flanner Olsen, Es ) for � Carway•and Hoffman:. q' ing Ordinance, for permission 7:45 P.M. (D.S:T.) -Upon Variance to the Zoning Ordin- to erect'an off-premises direc- a lication of Thomas and ante, Article III,. Section 100- PP 31 for permission to construct tional sign..Location of proper- Jacqueline Occhiogrosso, 77 a dwelling with insufficient ty:,Main Road;Southold,New Vanderbilt Boulevard, Oak- sideyard. Location of proper- fork; bounded north by Trav- � dale, New York (Irving L. eler Street, south by Main Price,Esq.),for Variance to ty: Southern Cross Road (or Road--west by Pudge Corp: South 'Cross Road), CutIGbf''the Zoning Ordinance, Article drogue, New York;, bounded and Dougherty,east by South- ; III,Section 100-31, for permis- old'Free Library. north by South Cross Road; Sion to construct dwelling with 10:55 P:M. (D.S.T:) Upon south by Hunt,.Gurican, Mili- insufficient frontyard setback. to; west by.Moon; east by application of Southold Town s Location of property: Corey ' Democratic Committee, Wolber: Creek Lane, Southold, New. Southold, New York, for a 9:25 P.M. (D.S.T.) Upon York,bounded north by Corey application of Mattituck Hold-: Special Exception to the Zon- Creek Lane;,south by. Corey ing Co. Mill Road, Mattituck, ing Ordinance, for permission Creek; west by Hammer- New York, for a Special Ex- to erect an off-premises direc- Lane. ; east by-Corey Creek tional sign.Location of proper- ception to the Zoning Ordin- La:0 t : Main Road, Orient, New 8:00 P.M. (D.S.T.) U on ante,Article VIII,Section 100 York; bounded north by Main AMMation eic o 80B(15) for permission to con struct a boat -storage shed. Road,,south by Orient Harbor, AULOMULIVC Location of, property: West west by Aha, east by W,e71es. ron fee , ree or , vy, 11:05 P.M. (D.S.T.) Upon Mill Road' Mattituck, New ' York; bounded north by _ application of Southold Town Esq.),for a Special Exception Democratic Committee, •to the Zoning Ordinance, Art- Holmes,Killian;south by Fou- Southold New York for" a icle IX, Sections 100-90 and dy,Ziegler,McGunnigle; west Special Southold, Exception to the r-a 100-91,for permission to oper- by Leo Grande, Inlet Lodge S Ordinance, for. ermission . ate an Automotive Repair Inc.; east by Mattituck Creek. g P P to erect an off-premises direc- Shop. Location of property: 9:40 P.M. .(D.S.T.) Upon P P Y• application of Kiwanis Club of tional sign.Location of proper- Rocky Point Road, East Mar-. Southold, Box 150, .Peconic, proper- ty: County Road 27 and Cox ion,New York; bounded Korth' New York,-for a. Special Ex- Lane, Cutchogue, New York; by Edwards;east by Estate of bounded north b Count Road _ . Nowell; south b Muir; west ception ti the,Zoning Ordin Y Y ' Y ante;-Article III, Section 100- 2:,:south.by Pietrewicz, west . by Rocky Point Road. 30B4.a for permission to place by.Pietrewicz; east by Cox 8:15 P.M. 4P.S.T.). Upon building for charity use in a' Lane: application of Gertrude C. 11:15 P.M. (D.S.T.) Upon McLean Blue Marlin Drive residential district. Location ' of .property: Route 25 and application of Southold Town " Southold, New York' (George . Democratic Committee, Lower Road; Southold, New . C. Stankevich, Esq.). for a York; bounded -north by Southold, New York, for a . Variance to the Zoning Ordin- Lower. Road, south by Route Special Exception to the Zon- ance, Article II.I, Section 100-• 25 west by Route 25, east by ing Ordinance to erect an off- 31 for permission to construct Goldsmith. premises directional sign. Lo- dwelling with . insufficient' .9:50 P.M. (D.S.T.) Upon cation. of property: County front and rear-yard setbacks, , application of Kiwanis Club of Road 27, Peconic, New York; and New York Town Law, bounded norh by ' County Section 280A for approval of Southold, Box 150, Peconic, Road 27 east and south b access. Location of property: New'York, for a Variance to Y P P Y• the Zoning Ordinance, Article Suffolk County, west by Graf= . Private Road, Southold, New ton and others. York; bounded north by Dav- III, Section 100-30B2, for per- is, south by Wendell, west by mission to place.building for 11:20 P.M. (D.S.T..) Upon application of Southold Town Hart, east by Goose Creek charity use with insufficient Democratic Committee, Lane Association. frontyard setback.Location of 8:25 P.M. (D.S.T.)- Upon' Property: Lower Road and, -Southal-Southold,, Exception t York, for- a Zon- a lication of Gertrude C.Me Route 25,Southold New, P P PP bounded, north by Lower ing Ordinance to.erect an-off--- __ Lean, Blue. Marlin Drive, `_ Road;d, not Route 25,west- premises directional sign. Lo- _ Southold, New York; (George_= by Route 25, east by Gold- cation of property: Main G. Stankevich, Esq.), for a smith Road, Laurel, New York; : Variance-to the Zoning Ordin- bounded north by Main Road, ante, Article'III, Section 100- 10:00 P.M. (D.S.T.) Upon south b Murphy-, west b 31 for permission to construct application ig Ralph H. Dick- Rodden and others, east by dwelling with insufficient in son,by Abigail A.Wickham, Old Main Road. front and rear-yard setbacks, Esq., Main Road, Mattituck, BY ORDER OF and New York Town Law,Sec- New York, for a Variance to THE SOUTHOLD TOWN tion 280A fora roval of ac- the Zoning Ordinance, Article PP III Section 100,30 and'•Bulk BOARD OF APPEALS cess. Location of Property: ' 1TP4-3299 Private Road, Southold, New and Park Schedule, for per York; bounded north by Ken- mission to construct a dwel- _ nedy, south by Davis, west by ling with insufficient front- Private Road, east by Goose Yard and sideyard setbacks. Creek Lane Association. Location of property: Off Pe- 8:35 P.M. (D.S.T.) Upon conic Bay Boulevard, Laurel, application of Robin A. Rae- New York; bounded north by burn and Mary Elizabeth Mur- Heck and Graham, south by phy,by George C.Stankevich, Great Peconic Bay, west by Esq., Main Road, Southold; McDowell, east by Arthur. . New York, for a Variance for 10:10 P.M. (D.S:TJ Upon approval of access, New York application of Southold Town Town Law, Section 280A. Lo- Democratic Committee, cation of property: Bridge Southold; New. York for a" Lane Extension, Cutchogue, Special Exception to the Zon- New York; bounded north-by ing Ordinance for permission Long Island Sound, south by - to erect an off-premises direc- Bokina, west by Bokina and ,tional sign:Location of pro- Road r Baxter Properties, •east' by New York; bounded north by Parr. D6Friest, south by Radich, 8:50 P.M. (D.S.T.) Upon west by Main Road, east by application of Ronald J. Southold School District No.5. Edeen,Main Road,East Mar- 10:20 .P-.M. (D.S.T.) Upon. ion, New York (Rudolph.H. application of Southold Town Bruer, Esq.), for a Variance 'Democratic Committee, to the Zoning Ordinance, Art- Southold, New York,- for'a icle III,Section 100-31,for per- Special.Exception to the Zon- mission to subdivide property. n Ordinance,for permission with insufficient area and i _O e g . it f - h. Zoning Board of Appeals and/or Planning Board of the Town of Southold Town Hall Main Road Southold, New York 11971 Gentlemen: I am the owner of the premises located on the easGer�x side of Rocky Point Road being 635. 75 feet north of the initc :- section of the easterly side of. Rocky Point Road and Main Road and being premises known on the SuffiD1k County Tax Map as District 1000, Section 031.00, Block 02.00,' Lot 021.00. This is to advise you that I have given my consent to Reich Brothers Automotive Service Inc. to present, an application to you in order to use the aforementioned premises for the . repair and maintenance of motor vehicles. Very truly yours, SeptemberZ, 1979 r j Isaac T. Edwards FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File . o. ............. so .............................................. Date ............................. ... ., 1977 � � � C�c%i✓ten C(� —..................................................... � / - /�' `vy �� .............................. .................. ................/ �. / ................................................................................ G�' PLEASE TAKE NCTIC that your application dated .................................. .....� 197� cry+-.ci-L for permit to .........................................at the premises located at .................................... ..............7. - ..... /�1�......�!.o�'.`'`�,..Atreet� 94Y b/) ......eMap .................................... Block .............................................Lot •. returned herewith and disapproved on the following grounds ..,........�� ?. ...'�"".... �—��? ..... .��.....�..... G[e� CGa.. ittrra... . . !" .. ?Am.....a !! .. ....1.�®... �..... .... .................. 4f— / ,Zvi ; o®— p '! ....�� . '..... ....... ............................................................................ Building Inspector /000 - 3 r ur TEL. 765-1802 �� TO`,VN OF SOUTHOL D OFFICE OF BUILDING INSPECTOR n3 P.O. BOX 728 3' TOWN HALL SOUTHOLD, N.Y. 11971 1a July 19 , 1982 Review of file : Reic`7 Bros . Autooti �e Ser . Inc . Rocky Point Road , East Marion " On October 11 , 1979 , Board of Appeals granted approval for Special Exception to operate garage with conditions . At that time the property was owned by I . Edwards . Conditions were that should property be divided , and parcel for garage use be sold to Reich Bros . , applicant shall reapply to' Zoning Board for a Special Exception for newly created lot . ( Appeal #2611 ) On February 10 , 1982 , the Planning Board approved the set- off of lot , however , conditions ( c ) & ( d ) of appeal #2611 have not been met . Mr . Price , in his letter of May 27 , 1982 , states that the Board of Appeals has not acted on his appeal #2856 filed on July 27 , 1981 . On September 2 , 1981 the Board of Appeals notified Mr . Price to apply for a Special Exception for this newly created lot and to date this has not been done . In addition to filing for the Special Exception, the applicant myst also make application for a variance for the following : 1 . insufficient lot area 2 . insufficient lot width 3 . insufficient side yard set back from northerly line ( 5 ' -0" ) . ( Chapter 100 , Art . IX , Sec . 100-93 , Art . II , Sec . 100-23 C . ) It would appear that the Building -Dept . is not holding up the issuance of a Certificate of Occupancy without just cause , but that the applicant is responsible for the delay in that he has not properly filed his application with the Zoning Board of Appeals for the necessary variances and Special Ex- ception . ( See Notice of Disapproval issued on June 26 , 198.1 . ) Res e-ctfully submi fed17 Edward F : H'indermann Building & Housing Inspector EFH : ec ... ..7lhsu•1.....,.".ccd.r.,>r... � "'F• �:«nrSxl6n;.T.Rlrm--+:RS,ue•.:a„anti.atu..r-:.ism,..wms'rray.W..;rs+.re,wsv.+�.,:..s.xca::�a'um;:a�i:.:i::+.v.a.aaaucv�-a.-:a:.-.ur:ss�ccan3.,�m»sne+��,��__3=..::s.'.a =sd ,..-.t .;,,,:�Y.s.- Southold Town oard ofAppeal� SOUTHOLD, L. Lp N. Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS,JR. SERGE DOYEN,JR. TERRY TUTH ILL ROBERT J.DOUGLAS� Acting Chairman October 16,. 1979 Miss Muriel Tolman, Secretary Southold Town Planning Board Town Hall Southold, NY 11971 Re: Matters before the Board of Appeals Requiring' Planning Board Recommendation/Procedure/'Approval Dear Mert: The following matters have been heard by .this Board on Thursday, October 11, 1979 and were considered- favorably subject to the following conditions: Matter _of Appeal No. Determination & Conditions HART, Charles 2614 Minor Subdivision recommenda- & Edna tion of the Town Planning County Tax Map Board; Suffolk County Plan- #1000-076-02 ning Commission approval;. 6,7,36 ,37. variance application for (see attached) - frontyard setback. REICH BROTHERS 2611 Site . Plan Approval of the County Tax Map . Town Planning Board. 01000-31-2--- Special Exception approved 20,21. for lease purposes only; (see attached) if purchased must re-apply. DICKINSON, 2629 Subject to property being Ralph H. a legally set-off lot by County Tax Map the Town Planning Board; #1000-128-06-05. Suffolk County Planning (see attached) Commission approval; appli- cation for approval of access to Board of Appeals and insufficient area to set-off lot if not on file as a legally set-off lot. Southold. Town Planning Board -2-. October 16, 1979 The following matter was recessed until November 15, 1979 in order to allow applicants to negotiate an alternate right-of- way to their premises with Mr. Bokina: Raeburn-Murphy 26.09. Applicant advises that ap= County Tax Map plication is in for subdivi- #1000-073-02-03 sion before Town Planning Board. Sincerely yours; j15C -� � Linda F, Kowalski Secretary ATTORNEY AT LAW 828 FRONT STREET GREENPORT, N.Y.11944 Phone (516) 477-1016 Septmebr 27, 1979 Linda Kowolski, secretary Zoning Board of Appeals Town of Southold Town Hall Southold, N.Y. 11971 Re: Application- 'of� ReicYi Brothers Automotive" Service Dear Mrs. Kowolski: Enclosed hereith please find copy of letter of the owner, Isaac T. Edwards, of the property subject to the above application consenting to the application by Reich Brothers Automotive Service, Inc. Please make same part of your file. If the Board desires the original letter will by exhibited to them when we meet. Thank you for your courtesy and cooperation in this matter. Very truly yours, Four� O OF y�0 N� K ;OF OUTITOj� JUDITH T.TERRY 5[7'F l-Vil1 TELEPHONE TOWN CLERK `' (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 September 20, 1979 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2611 application of Reich Brothers Automotive Services, Inc, for a special exception. ,Also included are notification to adjoining property owners as follows: Isaac T. Edwards, P.O. Box 17 , Orient, N.Y. 11957; Estate of G.S.. Nowell, Main Road, East Marion, N.Y. 11939; Aquilo D. Muir, East Marion, N.Y. 11939. udith T. Terry JTT/bn Town Clerk cc:file , Enc./ TOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION APPLICATION NO. 02 DATE TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. Y. Service , Inc. 1, (We)Reich ...............Brothers A utomotive/ .f (No #) Front Street ...........................I....................................... .............................I...............................I...................................... Name Street and Number Greenport New York ..............I.................................I............................................... .............I...................................................................................... Municipality State hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE ARTICLE IX SECTION 10 0-9 0 SUBSECTION A and Section 100-91 THE SPECIAL EXCEPTION IS REQUESTED BECAUSE 1. All uses within the C-1 General Industrial District must obtain a special exception from the Zoning Board of Appeals prior to -submission to the Planning Board for Site Plan Approval, as herein where applicant desires permission to use the below described property. for an Automotive Repair Shop. 2 . The denial of the request for a special exception will cause the applicant practical difficulty in .that applicant would be unable to operate its business of an automotive repair shop and would be unable to take possession of the subject premises as negotiated between applicant and the present owner, Isaac T. Edwards. 3. The special exception, if granted, would be in keeping with the spirit of the zoning ordinance in that the property is zoned to permit uses other than residential and would not change the character of the surrounding area in - that the subject premises have been used and are currently used for a commercial enterprise. 4 . The subject property is described as follows: All that retain plot, piece or parcel of land, with, the buildings and improvements thereon erected, situate, lying and being in the Hamlet of East Marion, Town of Southold, County of Suffolk and State of New York, more particularly described as follows: bounded on the North by lands of Edwards; bounded on the East by lands of the Estate of Nowell; bounded on the South by lands of Muir; bounded on the West by Rocky Point Road and designated on the Suffolk County Tax Map as District 1000 , Section 031.00, Block 02 . 00 , Lot 021.' 000., REICH BROTHERS AUTOMOTIVE SERVICE, INC. STATE OF NEW YORK ) ss ....... ........................ COUNTY OF Suffolk Norman R. Reich, President. Sworn to this ......19th Se temba. ......... g... r, .......119...7 9....... ............... .. ............ ... .... ...........I........................... of ry ublic WILUAM 11, PPICL-, P- NOTARY PUBLIC,STATE OF NL V PORK Suffolk County No. 4644944 Term Expires March 30, 1981 FORM ZB2 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of Reich Brothers Automotive Service Ind. NOTICE to the Board of Appeals of the Town of Southold TO: ISAAC T. EDWARDS ESTATE OF G.S. NOWELL AQUILO D. MUIR P.O. -Box 17 Main Road East Marion, N.Y. 11939 Orient, N.Y. East Marion, N.Y. 11957 11939 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (km*gay) (Special Exception) 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Town of Southold, Hamlet of East Marion, bounded on the North by lands of Edwards; bounded on the East by lands of Est. of Nowel ; oun ed ,on the Southo by lands of Muir; bounded on the West by Rocky Point Road (Suffolk County Tax Map Number: 1000 - 031.00 - 02.00 - 021.000 ) 3. That the property which is the subject of such Petition is located in the following zoning district: ` C-1 General Industrial District 4 4. That by such Petition, the undersigned will request the following relief: A special exception from the Zoning Board of Appeals permitting the use of an automotive repair shop on the above described premises . 5. That the provisions of the Southold Town Zoning Code a plic le t he relief sought by the under- signed are: Chapter 100 , Article IX, §100.90 and S g0-� 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals;that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices;that you or your representative have the right to appear and be heard at such hearing. Dated: se=tpmhPr 19 , 1-979 REICH BROTHERS AUTOMOTIVE SERVICE , INC. BY: WILLIAM H. PRICE," "JR. , ESQ. Petitioner' s Attorney/agent Post Office Address 828 Front Street Greenport., N.Y. 11944 PROOF OF MAILING OF NOTICE NAME ADDRESS ISAAC T. EDWARDS P.O. Box 17 Orient, N.Y. 11957 ESTATE OF G.S . NOWELL Main Road East Marion, N.Y. 11939 AQUILO D. MUIR East Marion, N.Y. 11939 J V I STATE OF NEW YORK ) ss.: COUNTY OFSUFFOLK) Doris M. Gable . residing at Bayview Road, Southold, N.Y. being duly sworn, deposes and says that on the 19thday of September , 19 79 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at Greenport, N.Y. ;that said Notices were mailed to each of said persons by (certified) (rutend) mail. Doris M. Gable Sworn to before me this 19th day of September , 19 79 Notary is WILLIAM H. PRICE,JR. NOTARY PUBLIC,STATE OF NEW YORK Suffolk County No. 4644944 Term Expires March 30, 1991 ATTORNEY AT LAW e}�1hlD` lit? 828 FRONT STREET GREENPORT, N.Y.11944 p llllll "1 Phone (516) 477-1016 •�J September .21, 1979 Mrs. Linda Kowolski Secretary of Zoning Board of Appeals Town of Southold Town Hall Southold, N.Y. 11971 Re: Applicat-ion of Re-ich Brothers Automotive Service, Inc. Dear Mrs. Kowolski: Pursuant to your recent request, enclosed please find three copies of the survey of the premises which are the subject of the application for a special exception. If you require any further information, please do not hesitate to contact me. Very truly yours, MAE F M L *E WA . W, C4 NN dt 114 so i 4 V. 1i C /. �- o _ JNAUTNOR=AU RATION OR To Tyis"Vw a A reou► oN a ` SE�t+72D9 OR Tis t!W TORIC 9fAQ� � i !� g:OF TM=uRVEU { yl 1113 LA6'.D Sti6V'YUR'S M. ZD SEAL OR, �`� r,-. - ,GtiOSSL6 SEAL SSXILA'OT-iEtOt : TO-W A VA!10/AA GCiT : WMRMKTM !AY_AT r,"P 7v SNAIL:RiRR � ,ONRV TO T+ } 37. F THE SLR,bO. 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