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HomeMy WebLinkAbout2508 TOWN OF SOUTHOLD, NEW YORK DATE ,Feb.....1.,. 1979 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2508 Dated December 20 , 1978 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Southold Savings Bank . Appellant Main Road Southold, New York - 11971 (Richard F. Lark, Esq. ) at a meeting of the Zoning Board of Appeals on January 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 ( ) Request for a special exception under the Zoning Ordinance (X) 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 Building Inspector ( ) be reversed ( ) be.- confirmed because 7 :50 P.M. (E.S .T. ) Upon application of Southold Savings Bank, Main Road, Southold, New York, (Richard F. Lark, Esq. ) for . a variance in accordance with the Zoning Ordinance, Article II , Sec- tion 100-23E; Section 100-35 A; Article VIY , Section 100-70; Article XII, Section 100-121 A & B for permission to construct a fence six feet high in the front yard area. Location of property: Youngs Avenue, Southold, New York, bounded on the north by P. B. M. Asso- ciates; east by Rich; south by Eiseman and Rich; west by Youngs Avenue. 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 - a - (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 PI"RQ '. r_U Z ZONING BOARD OF APPEALS FORM ZB4 Chairman ar of App l� After investigation and inspection the Board finds that the applicant wishes to construct a. six foot- high fence in the :front yard area of their ' parking 'lot located on the 'easterly side of Young' s Avenue, Southold. The findings of the Board are that the Building Inspector ' s interpretation of the zoning ordinance should be overturned. The interpretation of the ordinance presented to ' ' the Board by Mr. Lark on behalf of Southold Savings Bank and the opinion of the Town Attorney should be supported. 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 the neighborhood and will. observe the spirit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Tuthill,. it was RESOLVED that Southold Savings Bank, Main Road, Southold, New York; be GRANTED permission to construct a fence six feet high in the front yard area as requested. Location of- property: Youngs Avenue, Southold, New York, bounded on the north .by P.. B. M. Asso ciates;. east by Rich; south by Eiseman and Rich; west by Youngs Avenue. Vote of the Board: Ayes : Messrs: Gillispie, Grigonis, .Tuthill and Douglass. ' 0 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, New York, public hearings will be held by the Zoning. Board of Appeals at- the Town Hall , Main Road, Southold, New York, on Thursday, January 11 , 1979 , on the following appeals : 7 :40 P.M. (E.S .T. ) Upon application of Gary Flann.er Olsen, Main Road, Mattituck, New York, for a variance in accordance with t the .Zoning Ordinance, Article VI , Section 100-61 , Article XI , Section 100-112 and Bulk Parking Schedule for permission to convert existing building (non-conforming business building) with insufficient side and rear yards and insufficient parking for proposed use. Location of property: Main Road, Mattituck, New York, bounded on the north by Mattituck Presbyterian Church; east by Main Road (S . R. 25) ; south by Lawlor; west by Mattituck Presbyterian Church. 7 :50 P.M. (E.S .T. ) Upon application of Southold Savings Bank, Main Road, Southold, New York (Richard F. Lark, Esq. ) for a variance in accordance with the Zoning Ordinance, Article II , Section 100-23 E; Section 100-35 A; Article VII, .Section 100-70; Article X11 , Section 100-121 A & B for permission to construct a fence six feet high in the front yard area. Location of property: Youngs Avenue, Southold, New York, bounded on the north by P .B.M. Associates; east by Rich; south by Eiseman and Rich; west by Youngs Avenue. 8 . 00 P.M. (E.S .T. ) Upon application of Rita Cooke Woglom, Main Road, East Marion, New York, (Rudolph H. Bruer, Esq. ) for a variance in accordance with the Zoning Ordinance , Article III , Section 100-31 and Bulk Parking Schedule for permission to divide property with insufficient road frontage. Location of ' property: Main Road, East Marion, New York,bounded on the north by Hicks; east by Rand; south by Main Road (S . R. 25) ; west by Jayne and Sloan. legal .. ice LEGAL NOTICE in,accordance with the Zoning mission to divide property south by- Waterview Drive; variance in.acco -with- NOTICE OF HEARINGS Ordinance, Article II, Section with insufficient area and. west by Wilkinson. the Zoning Ordinance, Article Pursuant to Section 267 of 100-23 E; Section 100-35 A; frontage. Location of 8:50 P.M. (E.S.T.) Upon III, Section 100-32 for per- the Town Law and the Article VII, Section 100-70; property: Alvah's Lane, application of.the Estate of mission to relocate a garage m provisions of the Amended Article XII, Section 100-121 A Cutchogue, New York, Jean F. Brown, Village Lane, the front-yard area. Location Building Zone Ordinance of & B for permission to con- bounded on the north by Orient, New York, of property: Beachwood the Town of Southold, New struct a fence sic feet high in, Reinski; east by Long Island (Christopher S.Byszek, Esq.) Road, Cutchogue, New York, York, public hearings will be the front,yard area. Location Vineyards, Inc.;; west by for a variance in accordance Lot No. 2, Map of Beachwood held by the Zoning Board of of property: Youngs Avenue, Alvah's '-Lane; south by with the Zoning Ordinance, Colony,Cutchogue,New York. Appeals at the Town Hall, Southold, New York, bounded Blachly. Article III, Section 100-31 and 9:25 P.M. (E.S.T.) Upon Main Road, 'Southold,. New on the north by P:B,M. 8:25 P.M. (E.S.T.) Upon Bulk,Parking Schedule for application of William T. York, on Thursday, January Associates; east by, Rich;- application of William G.. permission to divide property: Ferris and Joan B. Ferris, 11 1979 on .the followingsouth by Eiseman and,Rich; Wysocki, Orchard .Street Location of property: Village 1035 Theresa Drive, Ma west. west by Youngs Avenue. Orient, New York, (Samuel J. Lane, Orient, New York, attituck, New York; for a 7:40 P.M. (E.S.T.) Upon 8:00 P.M. (E.S.T.) Upon Glickman, Esq.)for a bounded on: the north by, variance in accordance with application of Gary Flanner application of Rita Cooke variance in accordance with Hoffman and Godfrey; east by the.Zoning Ordinance, Article Olsen,Main Road, Mattituckn Woglom Main Road, East Section 280A of the Town Law Village,Lane; south by Horne III, Section, 100732 for per-. New York, for a variance in Marion,'New York (Rudolph for recognition of access. and Norklun; west by mission to construct a , accordance with the Zoning H.Bruer,Esq.) for a variance Location of property: Private Oysterponds Lane. greenhouse in the side'yard . in accordance with the Zoning 9:00 P.M. (E.S.T.) Upon area. Location of property: Ordinance,Article VI, Section g Road, Orient,-New York, Theresa Drive, Mattituck, 100-61,Article XI,Section.100-. Ordinance,Article III,Section I bounded on the north by application ,of Colony New York, known as Lot No. 112 and Bulk Parking 100-31 "'and Bulk ' Parking Wilsberg; east by Latham; Cabinets; Inc. (.Robert. Anni- Schedule for permission to. schedule for permission.to di- south,.l y.. Lathgrsl; west by son,-as Agent), North Road, 37, Deep Hole Creek Estates, convert existing building vide property with insufficient Long Island''Lighting Com- . Southold, New York, ,for a Mattituck, New York. (non-conforming business road frontage. Location of party• i. special exception to the Dated: December 28, 1978. building)with insufficientside_ property: Main Road, .East 8:35 P.M. (E.S.T.� Upon Zoning Ordinance, Article VI; BY ORDER and rear yards and ,.in Marion, New York, bounded application of Peter V. Mc,- Section 100760 B for per- OF THE SOUTHOLD sufficient parking -..fo_'r on the north by Hicks; east by Partland, 45 Kew Gdens mission to operate a kitchen TOWN BOARD proposed- use. Location, of• Rand; south by Main Road Road, Kew. Gardens, New cabinet showroom and ar OF APPEALS property: Main Road;•-Mat- (S.R,25); west by Jayne and York, for a variance in ac- workshop. - Location of, tituck, New York, bounded on, Sloan. cordance with the Zoning property_: North Road (C. R. the , north by Mattituck 8:15 P.M. (E.S.T.) Upon Ordinance,Article III,Section 27), Southold, New •York, Presbyterian Church; east by application of ' John- E: 100-31 and,. Bulk Parking bounded on the north by North Main Road(S.R.25);'south by Lademann and Gail •M, Schedule for permission to Road (C. R. 27),; east by Lawlor; west by Mattituck Lademann, Pine Neck Road,•' construct-e a house with in- North Road Associates; south Presbyterian Church. Southold, New York, (Abigail 'sufficient front yard setback. by Goldsmith; west by Klein. 7*50 P.M. (E.S.T.) Upori A.Wickham,as Attorney),for Location of property;, 9:15 P.M. (E.S.T.) Upon application of Southold a variance in accordance with Waterview Drive and Cedar application of William Engel, Savings Bank, Main Road. the Zoning Ordinance,;Article' Avenue, Southold, New York, Beachwood Road, Cutchogue; _ Southold New York (Richard III, Section 100-31 and Bulk bounded' on the north by New York,(Mattituck House . arc, Esq..) for a variance Parking ._Schedule for perm Johnson, east by Cedar Lane; Movers, as Agent) for a i/ LEGAL NOTICE Notice of Hearings COUNTY OF SUFFOLK Pursuant to Section':267 of STATE OF NEW YORK ss the Town Law and the provi- sions of the Amended Building Zone Ordinance of the Town of Southold, New York, public 1icarings will'•be held by the d Patricia Wood, being duly sworn, says that she is the Loring Board 'of Appeals at Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, the Town Hall. Main',Road, Southold,New York',on Thurso J <' a public newspaper printed at Southold, in Suffolk County; day,.January 11, 1979, on the and that the notice of which the annexed is a printed copy, following appeals.'' 7:4; p.m..(E.S.T.) Upon has been published in said Long Island Traveler-Watch- application, of Gary Flanner 'i man once each week for Olsen, Main Road, Mattituck; .............. •••••••••••..... • weeks New York, for.a variance in I accordance with the Zoning successively, commencing on the ....... .... ...... Ordinance, Article VI, Section I XI, Secti daof - 100-61, Article on ......... ., 19..�. . 100-112 -and Bulk Parking . 8 -Schedule for permission to convert existing building(non- conforming business building)' ' with insufficient side and rear. yards.and insufficient parking for proposed use. Location.of ° property: Main Road, Matti [[ `tuck, New York, bounded on Sworn to before me this ....1>................ day o4 the north by IvMattituck Presby terian Church; east by Main .. • ......••••• .. ,- 19. . Road (S.R. 25); south by Lawlor; west by "Mattituck .I Presbyterian`Church. • " 7.50 -ip m:i (E.S-T.) Upon application of Southold Sav ' . out '- ............. ...... in s Ban c, am oa , Notary•Public old, New or c tic at. :Lark, Esq.) for a variance in accordance..with ,the Zoning NOTARY PUBLIC, St:,jo of Hew York Ordinance, Article II,,Section , yZ- ;;LilZ5 100 23 E;-Section 100-35 A;, Residing in Suftol!< County Article VII,.,Section 100-70;. cnnimissio❑ Expires March 30, 1980, Article XII, ,Section 100-121 A & B for permission to con-. truct'a fence six feet high in he front yard area.Location of roperty: Youngs, Avenue, outhold, New York, bounded n the north by P.B.M. ssociates;east by Rich;south y Eiseman and Rich;west by oungs Avenue. 8:00 p.m. ' (E.S.T.) Upon application of Rita Cooke woglom, Main Road, East. Marion,'New York, (Rudolph Ii 14. Bruer, Esq.) for a variance ;I in accordance with the.Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Sche- dule for permission to divide property with insufficient road frontage.Location'of property: Main-Road, East Marion,-New York,bounded on t0--north by Hicks; east by Rad; south by Main Road (S.R.4 ); west by Jayne and Sloan. 8:15 .p.m. (E.S.T.) Upon application of John E. Lade - mann and'Gai1:M. Lademann, Pine Neck Road, Southold, A w:,.k_ - FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL FileNo. ................................................................ Date �� C /`'l•U��: ....2. .... ., 19. To ........ ........ .:.... .:.a.ii. �f- .r r�..................................... •� �_ h d PLEASE TAKE NOTICE that your application dated ..—'../G /`�, ,�c ... ......... 19 . . for permit to construct ..................at the premises located at zFr/ � ............... Map ...../.5!.:. ....... Block ............................................ Lot ................................................ is 1 _- returned herewith and disapproved on the following grounds . �! .CC...�` ...:U� T t.!! ( ..,/./J...��......�4::.L..... � �C%��.................. 2 ..�L........................ .4......���.G....-.. ..........-.......�....4?.... ...l//f......... ..1 a... ., ..Q................. ................................................................................ ................ ...... ............................... ........................ 7 ; ... ... Building nspector z TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL N0. � DATE .. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1�x( 4e) ...Southold Savings Bank.....,......of ..Main Road.....:... . . ..... ............................. ... .... .. .... . . ... . .. Name of Appellant Street and Number Southold •••..•.••..• New York HEREBY APPEAL TO S.ou.tho.ld.................... ..... ......... Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR � ON APPLICATION FOR PERMIT NO. .................................... DATED .F?.� .�It�k2s± ...6.�..19.7.8...C. ... WHEREBY THE BUILDING INSPECTOR DENIED TOPL' J�� 1 Southold Savings;•Bank•• Name of Applicant for permit of Main Road Southold Ne.w ... ... ...... .. ......................... .i.. ...................T ....or k..........:.... .,... . ....... .. . ...... ... .... ...... Street and Number Municipality State ( X) PERMIT TO USE (Accessory use) ( ) PERMIT FOR OCCUPANCY ( X) BUILDING PERMIT TO ERECT A FENCE Eas er y side o ai roa B-1 •General 1. LOCATION OF THE PROPERTY AV�I1t1�.i.X.P.1� ,g ...1�.Y.�XJ1�q.)................Blisiness...ua-stmict Dist. Sec. Blk. Lot Street Use District on Zoning Map 1000 060. 00 02. 00 010. 001 ................................................................................. 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. Do not quote the Ordinance.) Article III , Section 100-::35 A. Article XII , Section 100-121 A & B 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 York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 (X) To review and reverse the decision of the building inspector d f 6 ember 6, .1978 4. PREVIOUS APPEAL A previous appeal ftk (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 andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X) A Variance to the Zoning Ordinance ( .x) To rev±ew and reverse the Notice. of Disapproval of the Building Inspector dat ecpun r 6 V' is requeste�for the.reasorf tat tihe Board of Appeals is requested to reverse the building inspector's Notice of Disapproval dated December .6, 1978. Your petitioner is requesting the .fencing of its property as an accessory use incidental to its off-premises parking area. Further, Article III, Section 100-35Aiapplies only to Article III "A" Residential and Agricultural Districts and not to.Article VII "B-1" General Business Districts for which petitioner's property is zoned. The petitioner needs to erect a six foot high fence in front of and along the northerly_ boundary-of its parcel of land on they east- erl_y side of Railroad Avenue, Southold, New York,- .to- keep out trespassers in order to protect its property. FORM ZB1 (Continue._on other bide) a, r• � REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the Board of Appeals has previously granted variances (Appeals #2398 & 2406) for the purpose of granting your petitioner permission to construct an off-street parking area for its employees. Your petitioner has cleaned up the property and erected a modern attractive parking facility with proper drainage and lighting. The petitioner now finds that it has created some- what of an attraction for vandals and other persons who persist in trespassing on the property and have caused considerable damage by throwing rocks and other debris on the parking surface. It has therefore become necessary for your petitioner to. protect its property by placing a six foot high chain link fence along the entire northerly boundary as well as tke( westerly front of the .property so that the parking area can be secure while in use and during non-banking hours when the Parkingfacility is not in use. See Exhibit A showing the property and proposed fencing. It is your petitioner's position that the.-fencing restriction of Article III Section 100-35 does not apply to petitioner's property. Your petitioner's property is already zoned B-1 General Business District and as such Article VII of the Zoning Ordinance as well as the General Provisions of'the Ordinance apply. Section 100-35 of the Building Zone Ordinance only applies to A Residential and Agricultural Districts. Under the current Zoning Ordinance there are no fencing restrictions to a. B-1 General Business District. However, 'if the Board finds that fencing restrictions do apply to B-1 General Business District.properties, then in the alternative your petitioner re- quests a variance to allow it to construct .a 6' high fence as an accessory use in order to rotec its rperty. 2. The hardship created is UNIQUE and is not shared by oil properties al oe in h . e irriA late vicinity of this property and in this use district because the property is presently fenced on the southerly and easterly boundaries with 6' high fences which deter trespassers from coming on the parking area as well as shielding the adjacent properties. The .northerly and westerly boundaries are presently wide open thereby allowing unauthorized persons to gain entrance to petitioner's property without any diffi- culty. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the neighborhood is primarily one of a commercial ha*ture'and the proposed fencing will not adversely affect the use or the appearance of the property- or neighborhood. See Exhibit B, Excerpt of the Building Zone Map. Southold Savings Bank 0 !�..�. ss •.! �z�t ....1.4 X� �T)k ) Signature Raymo a. Terry, Jr. ` Exec ve Vice President .............................................. ......................................................mvx ............................................................. i .w4 � • . r STATE OF NEW YORK: ss. . COUNTY OF SUFFOLK: On the 20th day of December, 1978 , before me came RAYMOND W. TERRY, JR. , to me known, who, being by me duly sworn, did depose and say that he resides at Jockey Creek Drive, Southold, New York;. that he is the Executive Vice President of SOUTHOLD SAVINGS BANK, the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of trustees of said corporation; that he signed his name thereto by like order. No ry Vublic h,©TARY1p4Cy LOU CC'vS,YI No. 52-10001C, Staia of Piet Vo rR Commission Expires pi Suffolk County lw9asch S0 .1.�•;�'/ a MEMORANDUM TO THE FILE DATED: January 3 , 1979 Received a telephone call from Dick Lark on behalf of Southold Savings Bank. They have had the posts put in the ground for their fence, but to date have not put up the fence. Over the New Year ' s weekend six of the posts were vandalised by cars pulling out the stakes. The Bank would like permission to go ahead and erect the fence now before any more damage is done, but they do not wish to be dis- respectful to the Board. Talked with Mr. Gillispie•, and he gave oral approval to erect the fence. bcc JUDITH T.TERRY TELEPHONE TOWN CLERK (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 December 20, 1978 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 2508, application of Southold Savings Bank for a variance. Also included is notice to the following adjoining property owners : Frederick P. Rich, Carl F. Eiseman, P.B.M. Associates, Inc. "1 -�Sa P OFFICE,C7Fi�OWN AVT ,;ORNEY T0W-N%"p°F, SUU LD p TELEPHONE ROBERT W. TASKER t p'P'il_ \t TOWN ATTORNEY 477�1400 42S MAIN ST. GREENPORT, L. I., N. Y. 11944 December 20, 1978 Mr.. Edward Hinderman Southold Town Hall Southold, New York 11971 Re: Fences in Business Districts )ear Ed: Q/_ You called me this morning and advised me that in your opinion a fence is not permitted in a Business District. You base this on Section 100-23E of the Zoning Code which states that "any use not permitted in this chapter shall be deemed to be prohibited". You then rationalize that since you can find no provision in the articles specifying the use in Business Districts that therefore a fence is not permitted. I call your attention to'Section 100°-60C(1) and Section 100-70C(1). These two provisions permit "accessory uses on the same lot with and customarily incidental to any permitted use and not involving a separate business". By virtue of these provisions, it is my opinion that accessory uses are permitted uses in the Business District. It is also my opinion that a fence is an accessory use, i. e. it is a use customarily incidental to a principal use. As a Building Inspector, you of course do not have to abide by my opinions. If you choose to persist in your position then as I suggested to you, you can let stand your notice of disapproval and your decision can then be appealed to the Board of Appeals. On the other hand, if you wish to be guided by my advice, I would suggest that you re- voke your notice of disapproval in which event no appeal would be necessary. Yours very truly, ROBERT W. TASKER RWT:MY ' TEL. 765-1802 r _ Q��FfCO� TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN HALL SOUTHOLD, N. Y. 11971 December 21 , 1978 Southold Savings Bank Main Road Southold, N.Y. Attn: Mr. J. Rose Re: Application for Building Permit E/S Youngs Ave - Southold Dear Mr. Rose, This is to advise that we are with drawing our "Notice of Disapproval" dated December 6, 1978. It has been pointed out that the section of Zoning Ordinance, Chapter 100, Article III, Section 100 - 35 a, does not apply in the district your property is located. It would appear, after rechecking the law, that a fence in a B-1 Zoned district is not permitted. Accordingly we have ssued a corrected " Notice of Disapproval" dated December 20, 197 . I t Yo s trul EDWARD Nf��,�rRMANN ����� Building Inspector FORM NO. 3 r - TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No. ................................................................ Date ....�OCEtq 7:':. ::.....:.:............, 19..'�8 To Sb 1' 2olfi $a1a'' :1°.90...Bftk Bftk........... .......5437 •-Ifti.-Roa . ................................... .......SoUtho ,d Ms....w...................................... PLEASE TAKE NOTICE that your application dated `.j)ecgae�"...:j•..th....................... 19 :78. for permit to construct j6,j()tt...fen0.0...............at the premises located at .Ovid „406,of. ::..:., }Za :�rO d,A e�: ( Cot �;g•• Ve}.. Street SOUtho ld, NT' it o Map ........... C.............. Block ....... ........... ................ Lot ............... ........................ is returned herewith and disapproved on the ,following grounds •�1'•!••�ihdti.:�,j1Q:Ct..Ch&�+�d '�•.�11k...� fence••looated••irl••tthe••�Orrt••Yatd••arin.-exce •'•'eg61..height . .:........................ ....reg>u1.at10ns......Chapter...�.Ob!s..Art..•S.ZI.,...Sect3.on••.1(�0.*�,•• . ....................................... ................................. .• .•••.•••. .•••••••••••.•••..•••••• • .. Bui ing Inspector RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD-P. O. BOX 973 CUTCHOGUE, NEW YORK 11935 TELEPHONE 516 734-6807 December 20 , 1978 Mrs. Judith Terry Southold Town Clerk Main Road Southold, NY 11971 RE: Southold Savings Bank Application for Variance Dear Mrs. Terry: In connection with the above-captioned matter, I am enclosing the following: 1. Application for Variance in triplicate. 2 . Exhibit A - Map of Property surveyed for Southold Savings Bank showing proposed fencing. 3 . Exhibit B - Excerpt of Building Zone Map. 4. Original Notice to adjoining property owners with proof of mailing and certified mailing receipts attached thereto. 5. My check payable to the Town of Southold in the amount of $15.00 . Kindly place this matter before the Board of Appeals so that a date may be set for a public hearing. Very truly yours , !- / chard F. rk RFL/bd Enclosures BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of NOTICE SOUTHOLD SAVINGS BANK to the Board of Appeals of the Town of Southold TO: Frederick P. Rich Carl F. Eiseman P.B.M. Associates, Inc. YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (the following relief: Reversal of the Building Inspector's decision disapproving construction of a fence. 41 2. That the property which is the subject of the Petition is located adjacent to your property and is de$ cribed as follows: North by P.B.M. Associates, Inc. ; East by Frederick P. Rich; South by Carl F. Eiseman and Frederick P. Rich; West by Railroad Avenue (Youngs Avenue) , at Southold, Town of Southold, Suffolk County, New York. , :, 3. That the property which is the subject of such Petition is located in the following zoning district: B-1 General Business District 4. That by such Petition, the undersigned will request the following relief: Permission to erect a six foot high fence on the westerly and northerly boundaries of its property. 5. That the provisions of the Southold Town Zoning Code ap licable to the relief sought by the under- signed are: Art. XII 9100-121 A & B; Art. III, 9100-35A 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 Travel er-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: December :2:0, 1978 Southold Savings Bank tx By: Petitionerf ymond erry, J ecutive Vice Pr Q ident Post Of a Address ' Main Road Southold, NY 11971 PROOF OF MAILING OF NOTICE NAME . ADDRESS Frederick P. Rich Hobart Road Southold, NY 11971 Carl F. Eiseman 7 Budenos Drive Sayville, NY 11782 P.B.M. Associates, Inc. Mill Lane Huntington, NY 11743 STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) Mary Lou Doroski , residing at Peconic Bay Boulevard, Laurel, New York , being duly sworn, deposes and says that on the 20th day of December , 19 78 , 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 Southold, New York ;that said Notices were mailed to each of said persons by (certified) (AN# mail. o� Ma IAu Doroski Sworn to before me this 20th day of December, , 19 78 Notary Public BARBARA DIACHUN 1p19otary Public,State of New York Allow 52.4635190 Suffolk County Commission,Expires March 30, 19?e i • � 111III : n'•".i'.j 5,.�+t�"�'"`r i. � �`Rs:'._ .?'� C f k`( t� ..1.r."y.�,�r } 1{ - .'C f _ ;,`� t t - , 21 jtq t Y! TO n k , i • r .. _ - -:1FS l:t.Ti'i$ 5,1'a v:1 • .. .. . - ..TF,, IA �k ... t RJR._SEAL _ a .. f.� � _ ii _ . -,'lif"'';Y. � •�T( t,;::.�Y#.M3E �f.✓1'A�t�s�J.e•7 F 4�Y- ', - C'_7F f _-• i} k. '. r• ""aL..'.7 °o-Y x.3-�'r'-'.. - .,_. w.L ViE 4 •-:: ..e-� r -:- tt 'lf r ,1 �"n`e"'^':.:`4' .-' •�...;,.' _,r "`a :Vm","'9.v 7 . iU t _ � �� • - - - _ t..Ji.�t����s+�_J� 1 Y.p :u.:�..^4�a`"?!T r, —F:t.; - .. r. kit,:- _ ice ���` .r•ri' T _ . . a 'd r'�;.r - •'v';r !.r. t. Y'+�,. >J_ .,- _ .. .li� � a_.;:�'d'.J.Y. •.t s kt;.5_.:y.`Y"�`` ' i - - _s=---:•.:.�a�.�+�.�s-•L'..^- ._."...y:�...a....�....--•�-"'+--....�..:[ .....p-..sue•..:.. •» -..___.�__ ._. __(, _.._. _ -.._«._ ___ _ ..- ' 3, r v aO ` .. Mao rr ■ 11 O Rya �I� N . � I 15 's: '� s._ ..noa =.'� -� -?"�'�`f'' -•• ,y L'�- t• �.��.� MINIM S_ 1 " - t ';' IN O .0 4.IA(s� 10.1 ". _ \a yo 0 L z.z 1 e\A ��\0.• \fib � � Z00 s ® ,t0 �• P• A��/��� a o D A\10 6 o' y. N 309,900 . — „ .: C .66 TOWN OF SOUTHOLD SECTION N0. COUNTY OF SUF.FOLK --�° Real Property Tax Service Agency VILLAGE OF H. Russell Haase, Dairector - Riverhead . L. L,. New .York'' PROPER i Y MAP 3' / I Dot-of Completion