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TOWN OF SOUTHOLD, NEW YORK
ACTION OF THE ZON-kNG BOAKD OF APPEALS
Appeal No. 2242 Dated January 11, 1977
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Matt-A-Mar, Inc.
Wickham Avenue
Mattituck, NY 11952
DATE...~.t...~.7, 1977
Appellant
at a meeting of the Zoning Board of Appeals on January 27, 1977
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
( )
the appeal
1. SPECIAL F~CEPTION. 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 10:25 P.M. (E.S.T.) upon application of Matt-A-Mar, Inc.,
Wickham Avenue, Mattituck, New York for a variance in accordance
with the Zoning Ordinance, Article VI, Section 100-60 A (9) for
permission to store boats on the premises. Location of property:
west side Wickham Avenue, Mattituck, New York, bounded on the
north, south, and west by Mattituck Creek; east by Baker and
Wickham Avenue.
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce
hardship because
practical difficulties
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 beeanse
SEE REVERSE
(c) The variance (does) (does not) observe the spirit of the Ordinance and (would)
change the character of the district because
SEE REVERSE
(xvould not)
and therefore, it was further determined that the requested variance ( ) be granted (
that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed.
SEE REVERSE
FORM ZB4
) be denied and
After investigation and inspection the Board finds that the
applicant requests permission to store boats on the premises,
west side Wickham Avenue, Mattituck, New York. The findings of
the Board are that the Board is in agreement 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, Matt-A-Mar, Inc., Wickham Avenue,
Mattituck, New York be GRANTED permission to store boats on the
premises, west side Wickham Avenue, Mattituck, New York, as applied
for, subject to the following condition:
There shall be no storage or marina uses within 100'
of Wickham Avenue to the east.
Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis.
RECEIVED AND FILED BY
THE SOUTHCLD TOWN CLERK
DATF-,gI-/F- 7 ?tIOUR
erk, Town of ~4
.... out~old
w
Legal Notice -3- Hearings : January 27 , 1977
Platt Road, Orient, New York, bounded on the north by W.-Terry,
Jr. ; east by Platt Road; south by C. Bondarchuk; west by W.
Terry, Jr.
9 : 25 P.M. (E.S.T. ) upon application of Richard Kehrbaum,
Camp Mineola Road, Mattituck, New York for a variance in accord-
ance with the Zoning Ordinance, Article III , Section 100-30
and Bulk Schedule for permission to construct addition with
insufficient side-yard setback. Location of property: Camp
Mineola Road, Mattituck, New York, bounded on the north by
right-of-way and Strong; east by Camp Mineola Road, south by
- now or formerly Gildersleeve; west by. right-of-way and Strong.
9 :40 P .M. (E.S..T. ) upon application of Joseph Gold,
C
Prospect St, Freeport, New York (George Ahlers, Builder, Inc . )
for a variance in accordance with the Zoning Ordinance, Article
III , Section 100-30 and Bulk Schedule for permission to con-
struct dwelling with insufficient side-yard setback. Location
of property: Haywaters Road Ext. (Fisherman' s Beach Road) ,
Nassau Point, Cutchogue, New York; Lots 11 & 12 , Map of Peconic
Bay Properties.
9 :55 P .M. (E.S .T. ) upon application of Matt-A-Mar , Inc . ,
Wickham Avenue, Mattituck, New York for a variance in accordan e
with the Zoning Oidinance , Article VI , Section 100-60 A (9)
for permission to store boats on the premises . Location of
property: west side Wickham Avenue, Mattituck, New York,
bounded on the north, south, and west by Mattituck Creek; east
by Baker and Wickham Avenue.
10 :15 P .M. (E.S .T. ) upon application of Helmut Hass ,
North Road, Peconic , New York for a variance in accordance with
the Zoning Ordinance, Article III , Section 100-30 and Bulk
Schedule for permission to set off lot with insufficient area.
Location of property: south side CR27 , Peconic , New York,
bounded on the north by CR27 ; east by Cornell Construction;
south by Suffolk County; . west by other land of applicant.
New York(Gary Olsen,Esq.) for 9:55 P.M. (E.S.T.) upon ap-
a variance in accordance with the plication of Matt-A-Mar, Inc.,
Zoning Ordinance, Article VI, Wickham Avenue, Mattituck,
Section 100-60 A (1) for per- New York for a variance in ac-
mission to construct dwelling unit cordance with the Zoning Or-
in business building. Location of dinance, Article VI, Section 100-
property: Main Road, Laurel, 60 A (9) for permission to store
New York, bounded on the north boats on the premises. Location
by Murphy & others; east by of property: west side Wickham
Laurel Cemetery, King, and Avenue,-Mattituck, New York,
Aldrich Lane; south by Main bounded on the north, south, and
Road; west by Ciaglo & others. west by Mattituck Creek; east by
9:05 P.M. (E.S.T.) upon ap- Baker and Wickham Avenue.
plication of H. Marshall Frost, 10:15 P.M. (E.S.T.) upon ap-
West Road, Cutchogue, New plication of Helmut Hass, North`
York for a variance in ac- Road, Peconic, New York for a _ __-
cordance with the Zoning Or- variance,in accordance with th
dinance, Article III, Section 100- Zoning Ordinance, Article III,
-30 and Bulk Schedule for per- Section 100-30 and P»1k Schedule
missio- change property lines. for permission to iff lot with
_ Locatio,. of property: south side insufficient area.`Location of
West Road, Cutchogue, New property: south side CR 27,
LEGAL NOTICE York, bounded on the north by Peconic, Naw Fork. bounded on
Notice of Hearings West Road and Knauth; east by the north by CR 27; east by
Pursuant to Section 267 of the Pequash Club; south by Peconic Cornell Construction; south b_y
Town Law and the provisions of Bay; west by now or formerly Suffolk County; west by other
the Amended Building Zone Dittmer. land of applicant.
Ordinance of the Town of 9:15 P.M. (E.S.TJ ,upon ap- Any person desiring to be h r
' Southold, New York, public plication of Steven and Mary on the above appeals should
hearings will be held by the Cielusniak, 380 Platt Road, appear at the time and place
Zoning Board of Appeals at the Orient, New York for a variance above specified. . . . . . . being duly Sworn.
Town Office, Main Road, in accordance with the Zoning Dated: January 14, 1977
Southold,New York on Thursday, Ordinance, Article III, Section BY ORDER OF iblisher of the SUFFOLK
January 27,1977,on the following 100-30 and Bulk Schedule for THE SOUTHOLD TOWN
appeals: permission to divide property BOARD OF APPEALS shed at Greenport, in said
7:30 P.Al. (E.S.T.) upon ap- with insufficient width and area. 1TJ20-2579
plication of George N. Terry, 600 Location of property: west side 6 the camexed is a printed
Highwood Road, Southold, New Platt Road Orient New York I - —
York for a variance in ac- bounded on the north by W. �S been published in the said Suffolk Weekly Times
,cordance with the Zoning Or- Terry, Jr:; east by Platt Road; . One
dinance, Article III, Section 100- south by C.,Bondarchuk; west by easch week. for . . . . . . . . . . . . . weeks
Twen.tie th
30 and Bulk Schedule for per- W. Terry, Jr. lVely commencing on the . . . . . . . . . . . . . . . . . . . . . . . . . .
mission to construct addition 9:25 P.M. (E.S.T.) upon ap- 1 77
with insufficient setback. - Jani18 --�- _
Location of property: Highwood plication of Richard Kehrbaum, • , , . • • • •;,i. . . . • . , . . 9. . . .
p p y g Camp Mineola Road, Mattituck, I '
Road Southold New York; Lot . . . • • •
> New York for a variance in ac- .! �.-.�''F.�•� �--,: '
No. 7, Highwood at Bayview; cordance with the Zoning Or-
Map No. 5547. dinance, Article III, Section 100- to bef0 me this .7• • • ;
7:40 P.M. (E.S.T.) upon-ap- 30 and Bulk Schedule for per- 19. 1.�. )
plication of Joseph Czartosieski, mission to construct addition . . • '
RR1 'Box. 195A, Main Road, with insufficient side-yard set- . • • • -
Cutchogue, New York for a back. Location of property: ' • ' • • ' • • • • • •
C.
. .
variance in accordance with the Camp Mineola Road, Mattituck, ! . . . • . . . . • . .�
• • •• j
Zoning Ordinance, Article III, New York, bounded on the north (�� V .
Section 100-30 C (1) a, b, c, d for by right-of-way and Strong; east
98
permission to conduct home b Cam Mineola Road south b A1CY '`t3c9EFG7'A
occupation.Location of property: y p y h�63'��:i=Y?7 3"°l�'°state of New Yoram
p p p Y now or formerly Gildersleeve; Residing it S;,rr;>il: C minty
north side Main Road, Cut- west by right-of-way and Strong. Cs:;. No. -9-60G6635
chogue, New York, bounded on 9:40 P.M. (E.S.T.) upon ap- Commission E girc,March 30. 19::J"
the north by R. Asselta; east by plication of Joseph Gold, I
J. Faszeowski; south by Main Prospect St.;Freeport,New York I
Road; west by R. Asselta. (George Ahlers, Builder, Inc.) I
7:50 P.M. (E.S.T:) upon ap- for a variance in accordance with
plication of Sterling Nurseries, the Zoning Ordinance,Article III, !—
Inc.,Main Road,Cutchogue,New Section 100-30 and Bulk Schedule
York for a variance in ac- for permission to construct
cordance with the Zoning Or- dwelling with insufficient side-
dinance,Article VII, Section 100- yard setback. Location of
70 and Bulk Schedule for per- property: Haywaters Road Ext.
mission to construct addition (Fishermen's Beach Road),
with insufficient side-yard set- Nassau Point, Cutchogue, New
back.Location of property: north York; Lots 11 & 12, Map, of 'I
side Main Road Cutchogue, New Peconic Bay-Properties.
York, bounded on the north by
other land of applicant;east by S.
& E. Realty; south by Main
Road; west by J. Scott.
8:00 P.M. (E.S.T.) review of
Henry C.Scherz application for a•
variance to divide property with
insufficient area, Pinetree Road,
Cutchogue, New York.
8:15 P.M. (E.S.T.) upon ap-
plication of Harold,Green, P.O.
Box 54, North Road (CR 27),
Peconic, New York for a special
exception in accordance with the
Zoning Ordinance, Article III,
Section 100-30 B (8) for per-
mission to operate a labor camp.
Location of property: north side
CR 27, Peconic, New York,
bounded on the north by LILCO;
east by T.Mrowka Est.&others;
south by CR 27; 'west by Peconic
Homes Subdivision.
8:40 P.M. (E.S.T.) upon ap-
plication of B. Shackman & Co.,
85 Fifth Avenue, New York City,
New York(Gary'Olsen,Esq.) for I
a variance in accordance with the
Town Law, Section 280A for
approval of access. Location of
property: Aldrich Lane, Laurel,
New York, bounded on the north
by Murphy & others; east by
Laurel Cemetery, King, and
Aldrich Lane; south by Main
Road; west by Ciaglo & others.
8:50 P.M. (E.S.T.) upon ap-
plication of B. Shackman & Co.,
85 Fifth Avenue,New I'ork.City,.
—i—cation of Tept-Golu;-Yrospect--
St., Freeport, New York (George
I Ahlers, Builder, Inc.) for a var-
iance in accordance with the COUNTY OF SUFFOLK
Zoning Ordinance, Article III, - SS;
Section 1100-30 and Bulk Schedule STATE OF NEW YJRK
for permission to construct dwel-
ling with insufficient side-yard
t;n setback. Location of property:
Ha waters Road Ext. (Fisher-
y y Sherley Katz, being duly sworn, says that she is an ,
l man's Beach Road), Nassau ,�•
IV; Point,Cutchogue,New York;Lots Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
tn, 11 & 12, Ma of Peconic Bay s
P y a public newspaper printed at Southold, in Suffolk County;
'pa Properties.
1 is
9:55 P.M. (E.S.T.) upon appli- and that the notice of which the annexed is a printed copy,
ta� ham Avenue,
cation of Matt, Mattituck, New'Mar, Inc., Wick- ' has been published in said Long Island Traveler-Watch-
TV. York for a variance in accordance man once each weep for ........... ........................... weeks
with the Zoning Ordinance, Art-
icle VI, Section 100-60 A (9) for successively, commencing on the ... .
Iirt permission to store boats on the .............................
m premises. Location of property: day of G
177
west side Wickham Avenue, Mat- ,9 .....
ea tituck, New York, bounded on the
88 north, south, and west by Matti-
tuck Creek; east by Baker and .................. ........
Z< Wickham Avenue.
10:15 P.M.(E.S.T.)upon appli-
99; - cation of Helmut Hass, North
'Ial Road, Peconic, New York for a )_
Idl3 variance in accordance with the Sworn to before me this ...,cr ..
Zoning Ordinance, Article III, •• day of
Section 100-30 and Bulk Schedule .
for permissiont6 set off lot with
-"TITS" fIC7 C:iT[=IL1C�1..'*�--I:Ol:altV17- -of-
property: south side CR27,'`Pe-
-' conic, New York, bounded on the
q.I north by CR27;•east by Cornell
Construction; south by Suffolk .......................
County; west by other land of Notary Public
applicant.
Any person desiring to be ETHEL PALLADINO
heard on the above appeals NOTARY PUBLIC, State of New Yo&
should appear at the time and No. 52-4628953
place above specified. Qualified in Suffolk County
Dated: January 14, 1977 Commission Expires March 30, 197E
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FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERIC'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
File No. ...................................... Date `r....... 19.......
To 'L(w°...�'` ..("`���.... .�--...............
...................... : .. !.5 `.........v...............
PLEASE TAKE NOTICE that your application dated ................. .. ...1............ 19... .
for permit to �Et ........at the premises located at ..... �' ****
.. ........................ _ .......................
............:.................................. Street
Map .............. .:...... Block ........ ........................ Lot ... ....................................... is
disapproved on the following grounds .
.................... ... ��..... .. `:' ... .3r..... `��. ................................................
.......1 .... . ....... .....0 .............................................................................................................
................................................ ...........
Building Inspector
� TOWN OF SO0THOLD, NEW YORK
,APPEAL FROM DECISION OF BUILDING INSPECTOR /\ppEA- NO.
DATE J..- /�'�7..//_/�?
TOTHEZON|NG BOARD OF APPEALS, TOWN OF5OUTHOLDW. Y.
l, (vyo} .. /N. --e�. fi/? _./ V-�,__.of ......LA..[ux//ia/kY,,~ .......................
Nome of �pp Uant Street and Number
................. ............................................ ........ --_.HERE8Y APPEAL TO
Municipality6��
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
1��..11.7n7-7 APPL|[/\T0NF[>RPER�\|TNO. ...'............................... O/\TEC> .... .......................
WHEREBY THE BUILDING INSPECTOR DENIED TO
'
.............
Non`u of /\ppUcont for permit
of ............Street and Number Municipality ...,.,,__,m|ity ��n�~/
( Y,,) PERMIT TO USE Tu rC 9o/4-7- STQ/?/9 6 9F i-
( ) PERMIT FOR OCCUPANCY
( >
Street Use District''on*'Zon ingWa*P
__� >� /M/f7~7-/T���/��
p 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.)
3. TYPE [)F APPEAL Appeal is made herewith for
( XJ /\ VARIANCE to the Zoning Ordinance or Zoning AAop
( ) A VARIANCE due to lack of access 8hota of New York Town Lovv [hop. 62 Cons. Lows
Art. 16 Sec. 280/\ Subsection 3
4. PREVIOUS APPEAL /\ previous appeal (hos) (h~u°6at) been nnoda with respect tothis decision
^
of the Building Inspector or with respect to this property.' '
Such appeal was ( ) request for o special permit
( > request for o variance
and was made in Appeal Nu. ----------'Do+ed —.--,---...._,_,,_.__,_____,
REASON FOR APPEAL
( ) /\ Variance to Section 280A Subsection 3
( X) /\ Variance to the Zoning Ordinance
< >
is requested for the reason that
` .
Foi,in ZB1
(Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because 'T14e �Ta24 C' o/ Moo--'. 7k . S 139'eo4je .q ivyCMAI1 1
o 1= l H C /v1 O R W A 13 o S/IV jC�i To I'/� /-4 M1q 1?11 E C'/4 N N 6� .
E x I S % w l T 1-10 v T i i Tit U 1 /-/-E fNT E fZ A d /V-T
1 L4N 14 /S X)P 4 /C Q tiT WA- 134,E To ST
i
rU I /S f i���M /aS' g l CrC10 2-D IN G Tb T f4E o/N//U G- 7A5/c1 l N >✓��L"�'�
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 T r-1,�'-R 4 R C Iva o%1?16'51;�'
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because W E W o U, ,D STf�C,CE-
/� d4 /2 f r1V =� J?U S/N�S S' /� S' %0 /2 f
STATE OF NEW YORK )
SSLJ... ........ .. x.QL1....,��J ...
COUNTY OF�`��a ll� ) Signature
Sworn to this ��..................T�....................... day of....--../9/[...d....i ................... 1977
Notary Public
RI!CHWRD 'C. 'SMITH
!NOTARY PUBLIC, State of Now yorTR
No. 52-4510158 .
Qualified in Suffolk County Commission Expires March 30. 19.77
OF ICE�O �Towrr.CL�RK
TO, THO
r ,L TELEPHONE
JUDITH T.TERRY SL7��FO)7K-COT
TOWN CLERK 765-3783
REGISTRAR OF VITAL STATISTICS
Southold, L. I., N. Y. 11971
January 11, 1977
To: Southold Town Zoning Board of Appeals
From: Judith T. Terry, Town Clerk
Re: Application of Matt-A-Mar, Inc. for a variance, Appeal No. 2242
I have on file in my office notification by certified mail
to :
Vina Baker & Ano. , 455 Franklin Roosevelt Drive, B-407 , N.Y. , N.Y. 10002
udith T. Terry
Town Clerk
JTT/bn
r.
TEL. 765-1802
CF 1pG TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
z P.O. BOX 728
cG TOWN HALL
SOUTHOLD,N.Y. 11971
January 28 , 1987
Henry Raynor �.
Love Lane
Mattituck, N .Y . 11952
Re : Matt-A-Mar Inc .
Reviewing the property, I find that at the
time the question of constructing a storage
building was discussed , Appeal #2419-6/ l /78 ,
the chairman ruled then, and correctly so , that
a storage building for storage is an industrial
use and the property is zoned business . I
would also point out that Appeal #2242- 1 / 17 /77
dealt with open storage of boats , at that hear-
ing , the decision for outside storage was ap-
proved with the condition that "no storage or
marina uses within 100 feet of Wickham Ave . to
the East . " Screening that area was promised
but never materialized .
Before I can certify the latest proposal , these
conditions will have to be addressed .
Very truly yours ,
Victor G. Lessard
VGL : hdv Exec . Admin.
P . S . Part of hearing 6/ 1 /78 enclosed .
§ 100-55.9 SOUTHOLD CODE § 100-60 § 100-60 ZONING § 100-o
§ 100-55.9. Applicability. B. [Amended 7-1-86 by L.L. No. 5-19861 Uses permitted b;
special exception by the Board of Appeals.The following use
All of the provisions of the Code of the Town of Southold not incon- are permitted as a special exception by the Huard of Appeal
sistent or in conflict with the provisions of this Article shall be appli- as hereinafter provided, and, except for the uses set forth it
cable in the AHD District. Subsection B(2) hereof, are subject to site plan approval b:
the Planning Board in accordance with Article XIII hereof:
ARTICLE VI (1) [Amended 10.26-76 by L.L. No. 5-19761 Any specia
B Light Business District exception use set forth in, and as regulated by, th
following provisions of this chapter:
§ 100-60. Use regulations.
(a) Subsection B(2) to (13), inclusive, of § 100-3C
In a B District, no building or premises shall be used, and no
(b) Subsection B(2),(4)and(5)of§ 100-50.
building or part of a building shall be erected or altered, which is
Arranged, intended or designed to be used, in whole or in part, for (2) Special exception uses set forth in and as regulated b
any uses except the following: § 100-30B(16) of this chapter. [Added 7-1-86. by L.1
No.5-19861
A. Permitted uses, subject to site plan approval by the
Planning Board in accordance with Article XIII hereof. C. Accessory uses. [Amended 5-30-75 by L.L. No. 3.1975; 11
[Amended 10-26-76 by L.L.No. 5.1976; 2-1-83 by L.L. No. 26-76 by L.L. No. 5-19761
(1) Accessory uses on the same lot with and customari]
(1) Any permitted uses set forth in, and as regulated by, incidental to any permitted use and not involving
the following provisions of this chapter: separate business.
(a) Subsection A(2) and (3) of § 100-30. (2) Signs, subject to the following requirements:
(b) Subsection A(3) of § 100-40. (a) Detached or ground signs. One (1) sign, single-
double-faced, not more than six (6) feet six (t
t
(2) Business, professional and governmental offices.
inches in height and twelve (12) feet six (6) inchi
(3) Banks and financial institutions. in width, the lower edge of which shall be not le:
(4) Retail stores. than four (4) feet above the ground and the uppt
edge of which shall not extend more than fiftec
f (5) Restaurants. (15) feet six (6) inches above the ground, whi(
(6) Bakeshops (for on-premises sale at retail). sign shall be set back not less than five (5) fe,
�1 from all street and property lines and shall a
(7) Laundromats and similar establishments. vertise only the business conducted on tl
(8) Personal service stores and shops. premises. As used in this subsection, the wo;
"premises" shall mean all contiguous property
(9) Marinas for the docking, mooring and accommodation common ownership.
of noncommercial boats, including the sale of fuel and (b) Wall signs. One (1) sign attached to or i
oil primarily for the use of .boats accommodated in corporated in each building wall on a public stre
such marina.
Editor:. Nolo: See:dso('h.:i2,Bo:ds•'Docks and WIMI'VVs.
100.12.4 9.25-ra 10042.5 9-25
Suffolk County Department of Planning
H. Lee Dennison Executive Office Building
Veterans Memorial Highway
Hauppauge, New York 11787
February 1, 1977
Town of Southold
Board of Appeals FEB 3 REC'ai
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County
Charter, the .following applications which have been referred to the Suffolk
County Planning Commission are considered to be a matter for local determin-
ation. A.decision of local determination should not be construed as either
an approval or a disapproval.
Applicant Municipal File Number
Sterling Nurseries, Inc. 2236
H. Marshall Frost 2237
Richard Kehrbaum 2238
Joseph .Gold 2239
B. Shackman 6 Co. 2240
Matt-A-Mar, Inc. 2242
Helmut Hass 2244 .
Very truly yours,
Lee E. Koppelman
Director of Planning
Y
GGII:fp
TOWN CLERK 765-3783
Building Dept.
�CF � Planning Bd. 765-2660
Co Board of Appeals
TOWN OF SOUTHOLD
p • TOWN CLERK'S OFFICE
Main Road
Southold, N. Y. 11971
Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12—B, Sections 239-1 and m,
the . . . . . . .Board .of. Appeals. . . . . . . . . . . of the town of. . . Sautkaold . . . . . . . . . . . . . . . . .
(agency involved)
hereby refers the following proposed zoning action to the Suffolk County Planning Commission:
(check one)
................ New and recodified zoning ordinance Matt—A—Mar, Inc.
Wickham Avenue
................ Amendment to the zoning ordinance Mattituck, NY 11952
................ Zoning changes
................ Special permits
X........ Variances
Location of affected land '. .....W�!S..�T�G]�h�c�...Auenue.�...�4�t�a tuakr r..Nor........................................
within 500 feet of: (check one or more)
X........ Toar -@ie ri•I4ege-b@w4dery-Hne,or shore line
................ State or county road,parkway or expressway
................ State or county park or recreation area
................ Stream or drainage channel owned by the county or for which the county has established channel lines.
................ State or county owned parcel on which a public building is situated
Comments:
The Board granted the applicant permission to store boats on
the premises subject to the condition that there be a 100'
buffer zone between the storage section and Wickham Avenue.
Jan. 28 1977
Date: :..........................i......................
................................................................................
(signed) Robert W. Gillispie, Jr.
Chairman
................................................................................
Title
Date received by Suffolk County Planning Commission ....................................................................................
File No. ................................
xxxx
.1802
May 5, 1978 .
xPExxxxxxxx
James Maimone
Gary F. Olsen, ,Esq.
Main Road
Mattituck, .New York '1195.2
Re: Matt-A-Mar
Dear Mr. Olsen:
In response to your letter of April 23 , 1978, concernigg
Matt-A-Mar Marina, please be advised that the sale. of
boats is a speciality permitted now in a "C" • Light.
Industrial District.
This has been discussed with the• Town Attorney and he
advises that you- cannot constue a variance use in the "B-1"
District. Consequently, a variance is required to sell
boats.
Yours truly,
` ROBERT W. GILLISPIE, JR.
CHAIRMAN
RWG:bcc
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1 3 , 1978
RWG:
Gary Olsen called regarding Matt-A-Mar. He
wants to know whether or not they will have
to apply for a variance to sell boats on
the premises .
Letter was mailed from Mattituck on April 28 ,
1978 , and to date we have not received same.
Mr. Olsen would like the Board to discuss this
Matter informally on Thursday, and advise him
4 "letter of their decision.
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GARY FLAN N ER OLS EN
COUNSELLOR AT LAW
P. O. BOX 38 • MAIN ROAD MATTITUCK, LONG ISLAND, NEW YORK 11952 • PHONE 516 298-4844
April 28, 1978
Re: Matt-A-Mar Variance Application
File # 2331
Dear Mr. Gillispie:
Please let this confirm our recent conversation,in re the above
captioned matter. As I indicated to you, Matt-A-Mar Marina
would like to engage in the retail sale of boats as an accessory
use to its present operations as a marina in Mattituck. The re-
tail sale of boats would not be a separate business, but it would
be done in conjunction with its present marina to provide full
marina facilities. The property is zoned B1, and I would like an
opinion from the Zoning Board of Appeals as to whether or not it
will be necessary to obtain a Variance or whether said activity is
permitted as an accessory use under Article VII. I have had Rod
Van Tuyl check other marinas within the township, which are also
engaged in the retail sale of boats in a B1 area, and his indica-
ted that the Village Marina in Mattituck would be in gid c�tagory.
Please advise.
.4d� f
Very true yo rs,
GAR GARV R OLSE -
GFO/clr '
Southold Town Zoning Board of Appeals
Main Road
Southold, , New York 11971
Attention: Robert Gillispie
Southold Town Board of Appeals -36- January 27 , 197
CTHE CHAIRMAN: Is this a year-round house?
GEORGE A LERS : es . I believe Mr. and Mrs . Gold paid
$40 , 000 for th' s lot, it ' s a bit much money, and they want to
put the house u tha they would like to have.
GERARD GELB S We did it too.
MARION GELBW S We wanted the beauty of the place, it ' s
untouched and unspo ' ed and it has an open feeling.
THE CHAIRMAN: ell, George , you're not going to build any-
thing for three wee s anyway. Would you, in the interest of
being a good neighb r, see if you can persuade them to increase
the side yards. If you cannot, we would, based on precedent
here, have to grant the educed side yards. But you might suggest
it, they might like it b tter, and put it to them as diplomatically
as possible.
On motion by r. Hulse seconded by Mr. Gillispie, it was
RESOLVED tha the Southo d Town Board of Appeals POSTPONE
DECISION upon Jo eph Gold application, Appeal No. 2239 , until
February 17 , 197 , at 7 :45 P .M.
Vote of th Board: Ayes : - ssrs : Gillispie , Hulse, Grigonis .
PUBLIC HEARING: Appeal No. 2.242 - 10 : 25 P .M. (E .S .T. )
upon application of Matt-A-Mar, Inc. , Wickham Avenue , Mattituck,
New York for a variance in accordance with the Zoning Ordinance,
Article VI , Section 100-60 A (9) for permission to store boats
on the premises . Location of property: west side Wickham Ave-
nue, Mattituck , New York, bounded on the north, south, and west
by Mattituck Creek; east by Baker and Wickham Avenue.
The Chairman opened the hearing by reading the application
for a variance, legal notice of hearing , affidavits attesting
to its publication in the official newspapers , and notice to the
applicant. The Chairman also read statement from the Town Clerk
that notification by certified mail had been made to: Vina
Baker & Ano. Fee paid - $15 . 00 .
THE CHAIRMAN: The County tax map indicates that the marina
is located on approximately nine,-acres , a peninsula off of Wickham
Avenue. Is there anyone present who wishes to speak for this
application? Are you Frank Nowak? Is there anything you want to
add to the application?
FRANK NOWAK: No , I think it ' s pretty self-explanatory.
Southold Town Board of Appeals -37- January 27 , 1977
THE CHAIRMAN.: Did. you used to store boats here?
.FRANK NOWAK: No , we never went into that. Originally, the
zoning- for the marina was such that we could store. boats .:and when
they changed it the last_ time, apparently it was changed so that
we couldn' t.
THE CHAIRMAN: Storage and repair of boats which had been an
accessory use .in a marina would be in a marina district where
you would have a marina, the district you have. It was modified
to, I think it was meant to cover large buildings and so forth
which was - probably initiated as a result of the Strong .Marina.,
the people wanted to build a big building down there. In other
words, it' s a grey area in there . Ias to what constitutes an- ac-
cessory use, when. the accessory use. becomes the main use, when
t.
is a marina not a marina. I don '.t. think anybody could ,really ,de-
tine a marina. I was, in .court in Riverhead. once with the man who .
said he initiated the word "marina" , a New Yorker. He was unclear
about it because the concept of a marina is changing. But, a
repair shipyard has to be in the light industrial area, but I
think what you propose here is non-commercial.
FRANK NOWAK: It 's strictly private.
C THE CHAIRMAN: You need the fees for storage and also as
a convenience for the owners , and you make some repairs .
FRED HULSE , JR. : How large a boat would you store?
FRANK NOWAK: It ' s a big area.
FRED HULSE , JR. : I know there 's a lot of room there , ,but
how big a boat do you take in?
THE CHAIRMAN: What ' s the longest boat you store now? I
mean dock.
FRANK NOWAK: We dock boats. up to . 60 ' .
FRED HULSE, JR. .: Could you handle storing a boat that size?
FRANK NOWAK: No, that' s too big. The average boat is around
30 ' or 40 ' .
FRED HULSE, JR. : Do you have a travel lift or anything?
FRANK NOWAK: No , not at the present time.
FRED HULSE, JR. : You 'd have to get one then.
THE CHAIRMAN: You could put it. over here on this side , on
the north side .
Southold Town Board of. Appeals -38- January 27, ,_l9"77.-".- "
FRANK NOWAK: � On the south side . That would be the more
logical side .
THE ' CHAIRMAN: -This is 'all wooded area here and back -her.e,
your whole lot is wooded.
FRANK NOWAK: Well , it ' s sparsely wooded, very light
THE CHAIRMAN: Is there anyone present who wishes to speak
against this application?
(There" was no 'response:-)
THE CHAIRMAN: If not, -I ' ll offer a resolution granting this
application as applied for and agreeing with- the reasonng .of the
applicant. Permission ''is granted to- store boats ." You plan 'to
store boats that dock in your marina, right?
FRANK NOWAK: That ' s correct.
THE CHAIRMAN: Not in excess of the number of boats that dock
in the marina. You have, what, 70 slips?
FRANK NOWAK: I have requests for boats from various places ;
C people that would live in different places that would like to
store on the island. - Of course , this would add to our employment.
THE CHAIRMAN: How many boats do you think you can count on,
would you want.
FRANK NOWAK: That ' s a very difficult question.
THE CHAIRMAN: It looks to me like you have plenty of room
there .
FRANK NOWAK: I have to put that to some use, it' s sitting
idle .
THE CHAIRMAN: You have a pool there.
FRANK NOWAK: That ' s for the boaters and we use that strictly
for the boaters .
FRED HULSE, JR. : What did you say, you have 70 slips now?
FRANC NOWAK: No, about 80 slips .
THE CHAIRMAN: And you haven't built up the whole area yet,
I think you have permission to go all the way around.
FRANK NOWAK: I have a permit from the Town of Southold to
go all the way around . I 'd have to get the Army Corps of
Southold Town Board of Appeals -3.9- January 27 , 1977
C ' Engineers ' permit and the New York State Environmental permit.
THE CHAIRMAN: Well, let' s put a limit of 100 boats on it.
If you need more than that, you can come back to us . We ' ll see
how it goes, we can review it after a couple of years.
FRANK NOWAK: It ' s such a large piece to put a limit on,
it would be kind of a hardship if we got into the business . To
limit it, once you set it up as a business , would not be an
ideal situation, if you go out, purchase a travel lift, and put
it in.
THE CHAIP.NLkN: It ' s hard to put restrictions on something
like this .
FRED HULSE , JR. : Maybe we should set it back so many feet
from- the road, so we can avoid a situation like the one down
here with the boats right out on the road.
FRANK NOWAK: There ' s a breaker zone of woods in front of
it.
THE CHAIRMAN : 100 ' off Wickham Avenue wouldn't bother you
at all, would it?
�. FRANK NOWAK: No, not at all. It' s a large enough piece.
THE CHAIRMAN : If you were driving along here, I don't think
you 'd be able to see boats stored over here.
MRS . NOWAK: We wouldn't want to put them out on the road
there, there are houses across the street. We live across the
street.
FRANK NOWAK: There ' s a buffer zone of woods right across
there. It ' s bulkheaded from this corner (on map) right around
to about here.
THE CHAIRMAN: It' s got about 87 slips around to here, right?
It looks like you could put in another 40 or 50 .
FRANK NOWAK: I get a lot of people asking for storage. This
is why we originally did it.
THE CHAIRMAN: Anyone else wish to speak for this application?
(There was no response. )
Anyone , against?
(There was no response . )
Southold Town Board of Appeals -40- ' January 27 , 1977
After investigation and -inspection the Board finds that the
applicant requests permission to store boats on the premises,
.west side Wickham Avenue; Mattituck, - New York. The findings of
the Board are that the 130ard -3s in- agreement 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.
On motion by Mr. Gillispie , seconded by Mr. Hulse, it was
RESOLVED, Matt-A-Mar, Inc. , Wickham 'Avenue, Mattituck, New
York be GRANTED permission to store boats on the premises, west
side Wickham Avenue, Mattituck, New York, as applied for, subject
to the following condition:
There shall be no storage or marina uses within 100 '
of Wickham Avenue to the east.-
Vote of the Board : Ayes : - Messrs : Gillispie, Hulse, Grigonis .
PUBLIC HEARING: Appeal No. 2244 - 10 :40 P .M. (E.S .T. )
upon application of Helmut Hass , North Road; Peconic, New York
for a variance in accordance with- the Zoning �Ordinance, Article
III , Section 100-30 and Bulk Schedule for permission to set off
lot with insufficient area. Location of property: south side
CR27 ,-_ Peconic , New York, bounded on the north by CR27 ; east by
Cornell Construction; south by Suffolk County; west by other land
of applicant.
The Chairman opened the hearing by reading the application
for a variance, legal notice of hearing , 'aff-idavits attesting
to its publication in the official -newspapers , and notice to the
applicant. The Chairman also read statement from .the Town Clerk
that notification by certified mail had been made to : Joseph C.
Cornell Construction Corp. ; Suffolk County; Richard Foster and
Margaret Foster. Fee paid - $15 . 00 .
THE CHAIRMAN: The application is accompanied by a survey
indicating that there is a one-story, framed shop on this parcel
which the applicant proposes to sell. It' s a long parcel, 501 '
on the west and 100 ' on CR27 on which there ' s -a one-story shop,
a one-story, framed house and a two-story framed house. The
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BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of P
NOTICE
to the Board of Appeals of the Town of Southold
TO: L' JJV a /94 Kz/e Y- /)/v U
TJ-S /"%?�'//(/_/Al /0o5L Usti/ bIZIZ/
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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) (Special Exception) (Special Permit) (the following relief:
yh L>
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: / A f/fi A /_*N 0 A %� (Y %V°7� -7—n ✓fir�c TIED Pe:2 T-
t� !U TH Z So )i14 Y- LQ6- QT
3. That the property which is the subject of such Petition is located in the following zoning district:
4. That by such Petition, the undersigned will request the following relief:
3TOQN6e AI px/ p
5. That the provisions of the Southold Town' Zoning Code a plicable to the relief sought by the under-
signed are: A R T. V l S-e ,- I o o - G o (_�5 ( o d e u F 1'bw eU o F S a1 7 Ffd cd)
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: /3 / /177
/PTT—/3 MA9 f eVG
Petitioner
Post Office AAdress
1 O +30x l23 3�
/�1AT (1) eg'. /V
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PROOF OF MAILING OF NOTICE
NAME ADDRESS
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RECEIPT FOR CERTIFIED MAIL-300. (plus postage)
SENT TO POSTMARK
k � 'y' I�'/� t? OR DATE
STREET AND NO.
P.O., STATE AND ZIP CODE I
�f�/eK /i!41 %C cl .; d�000""�►�
OPTIONAL SERVICES FOR ADDITIONAL FEES :y, b
RETURN 1. Shows to whom and date delivered ......:..... ��
With deliver to addressee onl
RECEIPT Y Y':........... 65
2. Shows to whom,date and where delivered.. 35 ® b l'
SERVICES With delivery to addressee onlyti B ��
.................................... ...... 85¢
3800 ONLY ........ so2
DELIVER 0 ADDRESSEE 0 _
Q SPECIAL DELIVERY
(extra fee required).....................•.............
Z PS Form NO INSURANCE COVERAGE PROVIDED— (See other'side) f,
Apr. 1971 NOT FOR INTERNATIONAL MAIL {,GPO:1974 O-551-454
STATE OF NEW YORK ) SS.:
COUNTY OF SUFFOLK)
A-IU N 6 UJ 4 K , residing at K el Lq
17-0 being duly sworn, deposes and says that on the I I day
of ,�"!�-/y , 19 , 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 M)*7 T-/ T u C fG ;that said Notices were mailed to each of said persons by
(certified) (registered) mail.
Sworn to before me this
day o " �gida./sv !3,4.", , 1 717
Notary Public
�RI'CHARD 'G. 'ShflTN
!NOTARY FUSLIC, Stnte of New York
-No. 52-45 1 0 1 58
'Qual'ifiod in Suffolk County
(Commission Expires PAareh 30, 1929