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HomeMy WebLinkAbout3783 It_}4 tt { Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765.1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI April 3, 1989 JAMES DINIZIO, JR. J. Kevin McLaughlin, Esq. 828 Front Street P.O. Box 803 Greenport, NY 11944 Re: Appl. No. 3783 - Stocken/M & N Auto (Special Exception) Dear Kevin: This letter will confirm for the record that Condition No. 4 of this Board' s decision rendered November 16, 1988 under Appl. No. 3783 in the above matter is hereby clarified to leave the parking areas at. the sole discretion of the Planning Board under its jurisdiction in the site-plan review process. It is not the intent of the Board of Appeals to substitute its judgment over the Planning Board' s discretion in this project. The wording of Condition No. 4 is clear in the first line stipulating that " . . .the parking areas shall be as designated by the Planning Board. . . ." This condition was intended only in the event the Planning Board had waived jurisdiction and the applicant proceeded with the plan submitted under the Special Exception. The Board of Appeals, by unanimous vote at its Regular Meeting held March 16, 1989, waived its jurisdiction under the parking regulations if the Planning Board wishes to alter the same. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk CC: James A. Schondebare, Town Attorney Planning Board Office and Members a ...... r,EBB .�� ��s�, ~.' � Southold Town Board of Appeals gay® � rnj- • � MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 1 , TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI March 27, 1989 JAMES DINIZIO, JR. J. Kevin McLaughlin, Esq. 828 Front Street . P.O. Box 803 Greenport, NY 11944 Re: Appl. No. 3783 - Stocken/M & N Auto (Special Exception) Dear Kevin: This letter will confirm for the record that Condition No. 5 of this Board's decision rendered November 16, 1989 under Appl. No. 3783 "in the above matter is hereby clarified to leave the parking areas at the sole discretion of the Planning Board under its jurisdiction in the site-plan review process. It is not the intent of the B rd A pe is to substitute its judgment over the Planning Bo rd' discret on in this + project. The wording of Conditio , o. 5 is c ar in the first line stipulating that " . . .the parking areas all be as. designated by the Planning Board. . . " This condition was intended only in the event the Planning Board had waived jurisdiction and the applicant proceeded with the plan submitted under the Special Exception. The Board of Appeals, by unanimous vote at its Regular Meeting held March 16, 1989, waived its jurisdiction under the parking regulations if. the Planning Board wishes to alter the same. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk cc: James A. Schondebare, Town Attorney Planning Board Office and Members k l Southold Town Board of App eals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H.SAWICKI JAMES DINIZIO,JR. ACTION OF THE BOARD OF APPEALS Appl. Na. 3783: Matter of JOSEPH A. STOCKEN/M & N AUTO, INC. for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80 for expansion of the present property by the addition of a new building to be utilized for the existing automobile service station and public garage, in addition to the continued sales of gasoline and proposed retail (grocery) store uses, all as shown on the August 4, 1988 Site Plan. Location of Property: South Side of Front Street (Route 25) , Greenport, NY; County Tax Map District 1000, Section 45, Block 6, Lot 5. At a Meeting of the Zoning Board of Appeals held on November 16, 1988, the following action was taken: WHEREAS, a public hearing was held on October 26, 1988 under File No. 3783, filed September 26, 1988; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, applicants request a Special Exception pursuant to the requirements of Article VIII, Section 100-80(B) {17) for permission to relocate existing automobile service station and public garage within a new 1500 sq. ft. r Page 2 - Appeal No. 3783 Matter of JOSEPH A. STOCKEN/M & N AUTO, INC. Decision Rendered November 16, 1988 building, located as shown on the August 4, 1988 Site Plan Map prepared by Garrett A. Strang, R.A. with setbacks at 48 feet from the rear (southerly) property line and 25 feet from the westerly side property line. The existing building is proposed to be changed to a grocery market with office and storage, in .conjunction with retail gasoline sales. 2. The property in question is: (a) located in the "C-Light Industrial" Zone District; (b) contains a total lot area of 1.38+- acres [58,279 square feet) ; (c) improved with a 51' by 80 ' one-story cement-block building and two gasoline pump islands, all as more particularly depicted on the August 4, 1988 Site Plan Map; (d) identified on the Suffolk County Tax Maps as District 1000, Section 45, Block 6, Lot 5; (e) in the ownership of M & N Auto, Inc. , conveyed by Claudio and Carol Giovannelli in Deed dated October 29, 1984 at Liber 9673 cp 46. 3 . For the record it is noted that by letters dated October 17, 1988 and September 19, 1988, the Planning Board has coordinated its comments under the pending site-plan review. 4. Also noted for the record are the previous actions under No. 257 rendered March 14, 1960, No. 357 rendered May 17, 1961, and No. 624 rendered January 23 , 1964 by the Board of Appeals concerning this property and the existing uses. 5. In considering this application, the Board has: (a) considered items {a) through f1} of the zoning code; (b) determined the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent-use districts; (c) determined the safety, health, welfare, comfort, convenience, and order of the town will not be adversely affected by the proposed use and its location; (d) determined that the use is in harmony with and will promote the general purposes and intent of zoning since this is a use permitted by legislative action and will meet the requirements of same under the zoning code, subject to site-plan action by the Planning Board. r r Page 3 - Appl. No 4_3783 Matter of JOSEPH A. STOCKEN/M & N AUTO, INC. Decision Rendered November 16, 1988 Accordingly, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to GRANT a Special Exception as applied and referenced above, in the Matter of the Application of JOSEPH A. STOCKEN/M & N AUTO, INC. under File No. 3783, SUBJECT TO THE FOLLOWING CONDITIONS: - 1. No major repair work to be done out in the open (must be within an enclosed building) ; 2. Rear of proposed garage building must be enclosed with fencing at a height of six feet; 3. No automobiles, automobile parts, dismantled or damaged vehicles, and similar articles, shall be stored out in the open or outside of the above fence enclosure;. 4. The parking areas shall be as designated by the Planning Board and shall be laid out as to avoid the necessity of any vehicle backing out onto the street, "shall be located not less than 10 feet from any property line, and shall be used only by light trucks and automobiles; 5. In the event it is found that the subject premises are being used in a manner other than that permitted by this approval, or by the zoning ordinance, or are in violation of these conditions or the zoning ordinance, the Board of Appeals. may automatically terminate the relief granted hereunder; 6. Plantings, screening, curb cuts, shall be as designated by the Planning Board under its site-plan regulations (Article XIII) . Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Sawicki and Dinizio. (Absent was: Member Grigonis {out-of-state} ) . This resolution was duly adopted. RECEIVED AND FILE` D BY THE-SOUTHOLD TOE' 13 GL .�:� GERARD P. GOEHRINGER, CHAIRMAN DATak /Z/1Y4,V.OU11 % A.M. Town Clerk, Town of `Soufl_ Southold Town Board of Appeals -12- February 9, 1989 Special Meeting (Perillo 280-a. Update, continued: ) On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that the improvements as inspected by Chairman Goehringer and Member Dinizio, to the existing right-of-way extending from Westphalia Road to the premises of the applicant, Thomas Perillo (1000-114-1-7) , BE AND HEREBY ARE APPROVED AND ACCEPTED TO BE IN COMPLIANCE with this Board' s decision, Conditions No. 2(a) through (d) under Appeal No. 3317 rendered February 14, 1985. Vote of the Board: Ayes: Messrs.. Goehringer, Grigonis and Dinizio. (Absent were: Member Serge J. Doyen due to serious family illness and Member Joseph H. Sawicki {out-of-state) . ) This resolution was duly adopted. REQUEST FOR P.B. INPUT: Appl. No. 3819 - RUTHANN BARTRA. The Board was updated and input was expected to be received from the Planning Board concerning the general lot-line configuration under the set-off subdivision regulations within the next 45-50 days. The Board agreed to tentatively place this matter on the next available hearings calendar (to wit: April 13, 1989) . UPDATE: Appl. No. 3783SE nd 3782V - Matters of JOSEPH STOCKEN/M & N AUTO. A le was received (1/17/89) from Joseph Stocken concerning a restriction by the Board of Appeals as to no parking within 10 feet of the property line along the west side -of the property. The Secretary was asked to check with the applicant's attorney, J. Kevin McLaughlin, Esq. as to his recent communications with the Planning Board to ascertain the problem and if possible what the Planning Board' s preference was for a parking arrangement. It was unclear as to why the Planning Board wouldn't have jurisdiction when Condition No. 4 of the Z.B.A. decision reads: " . . .The parking areas shall be as designated by the Planning Board. . . ." Respectfully submitted, Linda F. Kowalski, Secretary Southold Town Board of Appeals Approved - 1989 TRANSCRIPT OF JOINT PUBLIC HEARINGS SOUTHOLD TOWN BOARD OF APPEALS OCTOBER 26, 1988 REGULAR MEETING Appl. Nos. 3783SE and 3782V - JOSEPH A. STOCKEN/M & N AUTO, INC. Locatio of Property: South Side of Front Street. (Route 25) , Greenport, NY; County Tax Map District 1000, Section 45, Block 6, Lot 5: Appl. No. 3783SE - Special Exception to the Zoning Ordinance, Article VIII, Section 100-80 for expansion of the present property by the addition of a new building to be utilized for the existing automobile service station and public garage, in addition to the continued sales of gasoline and proposed retail (grocery) store uses, all as shown on the August 4, 1988 Site Plan. Appl. No. 3782V - Variance to the Zoning Ordinance, Article VIII, Section 100-80 for permission to convert existing building to retail (grocery) store, which is not listed as a permitted use in this "C-Light Industrial" Zone District, in addition to the existing sales use (of gasoline and proposed retail (grocery) store uses, all as shown on the August 4, 1988 Site Plan. Present were: Chairman Gerard P. Goehringer; Charles Grigonis, Jr. ; and James Dinizio, Jr. , constituting a quorum of the five-member Board. (Absent were: Serge Doyen due to serious family illness, and Joseph H. Sawicki. ) Also present were: Linda Kowalski, Board Secretary, and approximately 40 persons in the audience at the beginning of the meeting. The Joint Hearing commenced at 8:56 p.m. and the Chairman read the Legal Notices of Hearings for the record. CHAIRMAN: I' ll open both hearings at the same time because one really does relate to the other. I have a copy of an architect' s rendering of the site plan indicating the existing building, which of course is a public garage, and the nature of that particular use and the dispensing of gasoline. And the proposed -- basically, what it is, is the moving of that existing garage to the rear of the property and utilizing the quite large building in the front for the purposes of selling retail groceries. And the date on that is, as mentioned in the Page 2 - Transcript of Hearing Southold Town Board of Appeals Regular Meeting of October 26, 1988 (STOCKEN hearings, continued: ) legal notice 8/4/88 in behalf of Garrett A. Strang, Architect. Who is representing the applicant, Mr. McLaughlin? J. KEVIN MCLAUGHLIN, ESQ. : Yes. I am here representing Joseph Stocken, who is the contract vendee on the subject property. As the legal notice states, the property is presently improved by an automobile repair shop, and along with a gasoline sale - the pumps, and there' s a small office on the westerly side of the building that' s currently under a lease. This is an approximately 4900 sq. ft. building place on about a 1-1/2 -acre parcel. Our proposal is to build an approximately 1500 sq. ft. building in the rear of the property to house the existing automobile repair shop for R & R Auto and to convert the existing repair shop into a convenience store and to continue the lease for the small office in the westerly side of the building for the gasoline sales, along with the lease of these pump areas. We have before you tonight both a Special Exception to allow us to - the prior nonconforming automobile repair shop to be relocated into that 1500 sq. ft. building that would be located in. the rear portion of the property. And we also have a variance to allow us to convert the .existing building into the retail grocery store. That building would, at least on the - exterior, remain virtually the same as it is. No expansion in size. The existing automobile repair shop is basically larger than necessary for the people that are running the operation. They were forced a few years ago to move out of the space that they had and really were kind of forced into taking the property that was there and utilizing it. It has become apparent to them over the course of the last few years that the building and its accompanying costs are too great for the operation that they have and finally it' s not feasible for them to continue. This automobile repair shop, would under the terms of the proposed, the contingent contract, lease that 1500 sq. ft. building in the rear of the premises. The lease, as I said with the oil company, would continue with the gasoline pumps and the office. However, if you look at those two rentals, the income from those two rentals would not even cover the depth service that Mr. Stocken would undertake to pay under an existing mortgage. In fact, there would be a short fall on an annual. basis, some where between 14,000 and 15,000 dollars. It's not feasible to have those two rentals coming in and nothing else would be done Page 3 - Transcript of Hearing Southold Town Board of Appeals Regular Meeting of October 26, 1988 (Appl. Nos. 3783SE and 3782V - STOCKEN/M & N AUTO hearings, continued: ) MR. McLAUGHLIN, continued: on the property. Financially, it just doesn't work. That's not even taking into consideration the cost of constructing the new 1500 sq. ft. building and a cost of alterations to the existing building to make it suitable for a use other than as an automobile repair shop. So it becomes obvious that in order for this property to realize a reasonable return on the investment, that there has to be some sort of use for the existing automobile repair shop building. And the problem that we have, we're in a C-1 Zone and there are really only a couple of permitted uses in the C-1 Zone, two-family residences and ,one other that escapes me right now. And then there' s a list of Special Exception uses that come before this Board and get a Special Exception, you can do it. Unfortunately, this list doesn' t encompass a grocery store and the uses that it does encompass are either marine related and this property doesn't front on the water, so they're really out of the question, . or there are other uses that frankly there's just no available- buyers that are interested in utilizing for that purpose, nor does the building itself render itself useful for that type of business. The nature of the existing building is such that Mr. Stocken, who is very knowledgeable and in the grocery business, and has been involved in it successfully for many years, in different locations, it could be converted to that use relatively easily. As a result, the current owners are in a situation where they're not making a reasonable return on their investment. In fact, they are here this evening, and I think they' ll tell you-- they've been losing money at the site for some period of time, and they're in a relatively desparate situation where they have to do something. Just making their mortgage payments, especially during the winter months - are becoming more and more tenuous. They've had the property on the market for a considerable period of time and no one is coming forward to purchase it for any of the uses in the C-1 Zone. Therefore, it doesn't appear as if there could be a reasonable return on any of the uses that are allowed either as a permitted use or as a Special Exception use under the C-1 Zone for this building. As a result, both the present owners and my client, the contract vendee, are in a position where unless this variance is granted, there' s never going to be a reasonable return made on this property. Page 4 - Transcript of Hearing Southold Town Board of Appeals Regular Meeting of October 26, 1988 (Appl. Nos. 3783SE and 3782V - . STOCKEN hearings, continued: ) MR. McLAUGHLIN: I think the situation here is unique, not generally conditioned in the neighborhood--the building in itself is unique. The location of the building is somewhat unique. We're within a very few feet of a business zone where a grocery store type use would be a permitted use. All of the uses in the area essentially are not of an industrial nature, per se. Celic Realtors is a couple of doors away. We've got Fleet Lumberyard. . We've got the 7-11 a few doors down the street, which is a similar type use. We've got the Sunrise Bus Lines. But most of the area is of a business nature and certainly not of an, industrial. nature. And that makes our situation kind of unique. If I could just address for a second the Planning Board' s-- I know they provided you with a letter as to their position in this matter. It would appear that the main basis for their not being totally in favor of our application as a concern over the mixed uses that we propose for this property. However, I think there are some examples of very similar mixed uses of area gas station convenient-type stores. The Mobil Station on the North Road and there' s one in Mattituck _that have very similar mixed uses which I would assume have gone through the Planning Board and obtained their approval. I think Mr. Stocken would like to make a short presentation to the Board this evening, and the present owners from M & M Auto would like to make a short presentation and then all of us, and also Mr. Strang is here, who is the architect on the project, and would be available for any questions that the Board might have. Thank you. MR. JOSEPH STOCKEN: A very brief description of myself, my company, and what I plan to do. My name is Joe Stocken. I've been in my own business for 12 years and presently have seven stores. I would like to point out. I don't cater to the teenage market, and I'm not open 24 hours a day. I cater to the adult community. I carry a full line of groceries, produce, dairy, frozen food, and the only thing that I don' t carry is fresh meat. And my place is very competitive. CHAIRMAN: While you are there, Mr. Stocken. What will happen with the gas pumps? Will you continue to operate those within the grocery store? MR. STOCKEN: I hope to. Page 5 - Transcript of Hearing Southold Town Board of Appeals Regular Meeting of October 26, 1988 (Appl. Nos. 3783SE and 3782 - STOCKEN/M & N hearings, continued: ) CHAIRMAN: And what will happen with the -- I noticed there was no parking plan for the front part of the building except for the easterly side. Will there be a parking plan there provided that, if you do continue or if you don't continue with the gas pumps, what will happen with the front lot, sort of speak? What are you intending to do there? MR. STOCKEN: Well, it has to -- you have to have access for the pumps. CHAIRMAN: What about the west side of the front lot, where it's-- I see no parking spaces etched out on the site plan. MR. STOCKEN: Well, the way it's set up there' s ingress on the east side and it' s an exit. CHAIRMAN: So that would be just an alternate site for additional parking if it were required on that side? MR. STOCKEN: Right. CHAIRMAN: Thank you, sir. NORMAN REICH: I'd like to say, my name is Norman Reich. I moved out here about twelve years ago now trying to establish myself in my business and providing an income for my family. But what I 've run into is -- during the summer months, everybody knows that you can make a living and then in the winter, you fall behind. And every year it gets to be the same thing. And it's been twelve years now, and I still haven' t got to the point where I can relax in the winter. And without this mixed use, I can't see me being able to stay out in the area much longer. That' s really about it. CHAIRMAN: Thank you, sir. Can I ask Mr. Strang a couple of questions? How are you tonight, sir? GARRETT STRANG, R.A. : Quite fine, thank you. CHAIRMAN: The parking plan in the rear of the proposed grocery store. MR. STRANG: Yes. Page 6 - Transcript of Hearing Southold Town Board of Appeals Regular Meeting of October 26, 1988 (Appl. No. 3783SE and 3782V - STOCKEN hearings, continued: ) CHAIRMAN: Is that primarily for-- I noticed there's one planting and one area which divides the two areas in particular. Is that an additional parking area for the grocery store or is that mainly for the auto repair business? MR. STRANG: To answer your question, the parking that is shown diagonally, what I would deem to be the northerly half of that, is pretty much going to be used as overflow parking as necessary for the grocery store. The southerly half of it, along with the other four spaces, will be allocated for parking for the service station for an automobile repair section. So we could meet the . zoning criteria with respect to how many parking stalls are required for each of the uses. CHAIRMAN: The most recent application that we have -- and I hate to keep going back on this -- was one in Mattituck, down just before the bridge about three or four places before it - Tyler' s Garage. We had asked at that particular time that any dismantled vehicles, or any vehicles that were not operating or if any vehicles that were in the area of larger than a car or a pick-up truck be housed in the rear of the building. Is that a possibility, if we were so inclined to grant this application, that parking could be provided in the rear of this building? MR. STRANG: I don' t see that that is a problem. Again there was an intention to maybe address that issue if it became necessary, if you' ll note we have the building off set 48 feet from the rear line, so we do have some room allocated back there. CHAIRMAN: Ok. Mr. McLaughlin, anything else? (None) Thank you. Is there anybody else that would like to speak in favor of this application? (None) Anyone to speak against the application? (None) Questions from Board Members? (None) Hearing no further questions, I 'll make a motion closing (concluding) the hearing, reserving decision until later. Thank you very much gentlemen. MEMBER GRIGONIS: Seconded. AYES: All. Respectfully siJbmitted, ?�IndaF. Kow lski, Secretary Southold Town Board of Appeals 5 & z January 13, 1989 � Southold Town Board of Appeals Main Road- State Road 25 Southold, L. I . , New York 11971 c/o Mr . Gerald P. Goehringer Re : Appeal No . 3783 - Stocken/ M & N Auto (Special Exception) Dear Mr . Goehringer , I am writing in reference to the action taken by the Board which requires parking areas shall be located not less than ten (10) feet from any parking line . This restriction would curtail the parking I would require, to such an extent , that I would not be able to purchase the building . It would necessitate parking on only one side, which would be inadequate . All other buildings in the area are free of this restriction . Please give this your careful attention as to resolve this problem. Very trul yours, Joseph Stocken 183 Smithtown Boulevard Nesconset , New York 11767 COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E. KOPPELMAN 360-5206 DIRECTOR OF PLANNING December 14, 1988 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) John G. Philippides 3772 J seph A. Stocken/M & N Auto Inc. 3782 Joseph. A. Stocken/M & N Auto Inc. 3783 Very truly yours, Lee E. Koppelman Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE. U., NEW YORK 11768 (51 6)360-5192 i % FOur Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. n6 nee JOSEPH H.SAWICKI James Dinizio, Jr. Pursuant to Article XIII of the Suffolk County Charter , the Board of Appeals of the Town of Southold , New York , hereby refers the following to the Suffolk County. Planning Commission : Variance from the Zoning Code, Article Section Variance from Determination of Southold Town Building Inspector XX Special Exception , ArticleVlll, Section100-80 Special Permit Appeal No . : 3783 - Applicant : Joseph A. Stocken/M & N Auto, Inc. Location of Affected Land : Front St. (Route 25) , Greenport, NY County Tax Map Item No . : 1000- 45-6-5 Within 500 feet of: Town or Village Boundary Line. Body of Water (Bay , Sound or Estuary ) X_ State or County Road , Parkway , Highway , Thruway Boundary of Existing or Proposed County , State or Federally Owned Land Boundary of Existing or Proposed County , State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines , or Within One Mile of a Nuclear Power Plant _ Within One Mile of An Airport . COMMENTS: Applicant is requesting permission to expand the present ro ert b the addition of a new building to be utilized for the existing automobile service station, in addition to the continued sales of gaso ine and =rnpQsed retail (grocery) store uses. Copies Of Town file and related documents enclosed for your review. Dated : December 13, 1988 �Oc�vFFQC�c�G Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI December 10, 1988 JAMES DINIZIO, JR. J '� � J. Kevin McLaughlin, Esq. 828 Front Street, Box 803 Greenport, NY 11944 Re: Appl. No. 3783 - Stocken/M & N Auto (Spec. Exception) Dear Kevin: Transmitted herewith for your file and perusal is a copy of the determination rendered by the Board of Appeals recently concerning the above application. Please be sure to return to the Building Department and Planning Board for issuance of additional documents which may be necessary. A copy of this decision has also been furnished to both their offices to update their files. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to:Office of the Planning Board Office of the Building Inspectors Suffolk County Department of Planning CUF d1 0�0<�•. Cps Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, JOSEPH H.SAWICKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Appl. No-. 3783: Matter of JOSEPH A. STOCKEN/M & N AUTO, INC. for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80 for expansion of the present property by the addition of a new building to be utilized for the existing automobile service station and public garage, in addition to the continued sales of gasoline and proposed retail (grocery) store uses, all as shown on the August 4, 1988 Site Plan. Location of Property: South Side of Front Street (Route 25) , Greenport, NY; County Tax Map District 1000, Section 45, Block 6, Lot 5. At a Meeting of the Zoning Board of Appeals held on November 16, 1988, the following action was taken: WHEREAS, a public hearing was held on October 26, 1988 under File No. 3783, filed September 26, 1988; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, applicants request a Special Exception pursuant to the requirements of Article VIII, Section 100-80(B) {17) for permission to relocate existing automobile service station and public garage within a new 1500 sq. ft. Page 2 - Appeal No. 3783 Matter of JOSEPH A. STOCKEN/M & N AUTO, INC. Decision Rendered November 16, 1988 building, located as shown on the August 4, 1988 Site Plan Map prepared by Garrett A. Strang, R.A. with setbacks at 48 feet from the rear (southerly) property line and 25 feet from the westerly side property line. The existing building is proposed to be changed to a grocery market with office and storage, in conjunction with retail gasoline sales. 2. The property in question is: (a) located in the "C-Light Industrial" Zone District; (b) contains a total -lot area of 1.38+- acres {58,279 square feet) ; (c) improved with a 51 ' by 80 ' one-story cement-block building and two gasoline pump islands, all as more particularly depicted on the August 4, 1988 Site Plan Map; (d) identified on the Suffolk County Tax Maps as District 1000, Section 45, Block 6, Lot 5; (e) in the ownership of M & N Auto, Inc. , conveyed by Claudio and Carol Giovannelli in Deed dated October 29, 1984 at Liber 9673 cp 46. 3. For the record it is noted that by letters dated October 17, 1988 and September 19, 1988, the Planning Board has coordinated its comments under the pending site-plan review. 4. Also noted for the record are the previous actions under No. 257 rendered March 14, 1960, No. 357 rendered May 17, 1961, and No. 624 rendered January 23, 1964 by the Board of Appeals concerning this property and the existing uses. 5. In considering this application, the Board has: (a) considered items {a} through {1} of the zoning code; (b) determined the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent-use districts; (c) determined the safety, health, welfare, comfort, convenience, and order of the town will not be adversely affected by the proposed use and its location; (d) determined that the use is 'in harmony with and will promote the general purposes and intent of zoning since this is a use permitted by legislative action and will meet the requirements of same under the zoning code, subject to site-plan action by the Planning Board. Page 3 - Appl. No. 3783 Matter of JOSEPH A. STOCKEN/M & N AUTO, INC. Decision Rendered November 16, 1988 Accordingly, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to GRANT a Special Exception as applied and referenced above, in the Matter of the Application of JOSEPH A. STOCKEN/M & N AUTO, INC. under File No. 3783, SUBJECT TO THE FOLLOWING CONDITIONS: 1. No major repair work to be done out in the open (must be within an enclosed building) ; 2. Rear of proposed garage building must be enclosed with fencing at a height of six feet; 3. No automobiles, automobile parts, dismantled or damaged vehicles, and similar articles, shall be stored out in the open or outside of the above fence enclosure; 4. The parking areas shall be as designated by the Planning Board and shall be laid out as to avoid the necessity of any vehicle backing out onto the street, shall be located not less than 10 feet from any property line, and shall be used only by light trucks and automobiles; 5. In the event it is found that the subject premises are being used in a manner other than that permitted by this approval, or by the zoning ordinance, or .are in violation of these conditions or the zoning ordinance, the Board of Appeals may automatically terminate the relief granted hereunder; 6. Plantings, screening, curb cuts, shall be as designated by the Planning Board under its site-plan regulations (Article XIII) . Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Sawicki and Dinizio. (Absent was: Member Grigonis {out-of-state} ) . This resolution was duly adopted. ,f -;7 41 /Y 0" GERARD P. GOEHRINGER, CHAIRMAN lk CJPM Page 3 - Appl. No 67.83 Matter of JOSEPH A. STOCKEN/M & N AUTO, INC. Decision Rendered November 16, 1988 Accordingly, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to GRANT a Special Exception as applied and referenced above, in the Matter of the Application of JOSEPH A. STOCKEN/M & N AUTO, INC. under File No. 3783, SUBJECT TO THE FOLLOWING CONDITIONS: 1. No major repair work to be done out in the open (must be within an enclosed building) ; 2. Rear of proposed garage building must be enclosed with fencing at a height of six feet; 3. No automobiles, automobile parts, dismantled or damaged vehicles, and similar articles, shall be stored out in the open or outside of the above fence enclosure; 4. The parking areas shall be as designated by the Planning Board and shall be laid out as to avoid the necessity of any vehicle backing out onto the street, "shall be located not less than 10 feet from any property line, and shall be used only by light trucks and automobiles; 5. In the event it is found that the subject premises are being used in a manner other than that permitted by this approval, or by the zoning ordinance, or are in violation of these conditions or the zoning ordinance, the Board of Appeals may automatically terminate the relief granted hereunder; 6. Plantings, screening, curb cuts, shall be as designated by the Planning Board under its site-plan regulations (Article XIII) . Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Sawicki and Dinizio. (Absent was: Member Grigonis {out-of-state} ) . This resolution was duly adopted. RECEIVED AND FULED BY THE 50UTI30LD TC3V:IJ GERARD P. GOEHRINGER, CHAIRMAN DATak 0-//,//��HCUR q L A.M. jig Town Clerk, Town of Soutlicl ` 17 )' '3 Town Hall, 53095 Main Road ; � P.O. Box 1179 Southold, New York 11971 �. ;; TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Zoning Board of Appeals From: Planning Board RE: Joseph Stocken SCTM 41000-45-6-5 Date: October; 17, 1988 fi n^ ��1 �i t 0If The Planning Board is not in favor of the above mentioned site plan. The plan would need major changes before it would be deemed acceptable by the Planning Board, should the ZBA see fit to grant a Special Exception. Please see attached letter, dated September 19, 1988, previously sent to both the ZBA and the applicant by the Planning Board. it MEMORANDUM To: Zoning Board of Appeals James Schondebare, Town Attorney From: Valerie Scopaz, Town Planner Re: Joseph Stocken SCTM #1000-45-6-5 Date: October 17, 1988 The p oposal before your board involves a mix of uses, one of which not allowed in this zone. From the evidence presented to the Planning Board and my conversation with Mrs. DeRosa, the applicant's daughter, it appears that the applicant wishes to make the grocery store the primary use. If that is the case; the applicant would be, perhaps, better advised to apply for a change of zone. Jt Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 19, 1988 Garrett Strang P.O. Box 1412 Southold, NY 11971 RE: Proposed site plan for Joseph A. Stocken, dreenport SCTM *1000-45-6-5 Dear Mr. Strang: The proposed site plan for Stocken was reviewed by the Planning Board at a work session. The existing use appears to be a legal non-conforming use. In order to expand the use as proposed, a Special Exception will be required to expand a non-conforming use. Further, under the current code, a grocery store is not a permitted use within the C Light Industrial Zone. ' Therefore, it is recommended that your client apply to the Zoning Board of Appeals if he wishes to pursue the matter further. The Planning Board' s comments on the site layout are enclosed. These comments should not be assumed to be an endorsement of the proposed use. In fact, the Planning Board is not in favor of the addition of food stores to gasoline service stations. If revised plans are submitted, please include the enclosed new site plan application form. This form is being used with all site plans so as to improve our records-keeping. If you have any questions, please do not hesitate to contact this office. Very t--r--�ily yours, � a .�rvfcfi' �- BENNETT ORLOWSKI,JR. CHAIRMAN cc: Building Department Zoning Board of Appeals Kevin McLaughlin jt C Southold Town 3+,a'3-rd Ut ,�-I p alts, - jants vj 23, .fir 9 4 ThIs antent'la is tO be, u4ed for the coastal harbor 1r quencies for n-arjAe USe only. Since it is understood that gne out egg 20 of all the sal boats in the United ax Bata tew� n suffol%, ccu nty, presumbly this Is a neceas ary addition to the cc=unications in tzhia area. The noard finds that. strict application og the Ordinance will produce practical difficulties or unnecessary hardship; the haxdship created is unique and uvuld not be shared by all p3ropartles alike In the irmwidiate vicinity of this property and In the same a district; and `sae variance does observe the apart thy, Ordinance a nd will not change the character of to district. On itiOn of Mr. Goiliispies seconded by mr. Bergen, it was RESOLVED that the lac Fork Telephone Company be ganged pe=zias ian to erect a �)5 ft. an.enna on their property an the cast 81 a� Youngs M.s>venu0# SOUthold, gmv York as an expansion of their non-acon;Cro ainq busineas use in the "All lesidential Dis"trics 'Vote Of the 'B"oardt 'Wes:- lu. caillia-Pied z4r.0 zorcj'ens b.8.�P L.7i fir: �i4i s6 and Y.':Li {1 W9�11r�+/'e ..v � . PUBLIC MG: Appeal No, 624 -- Upon application of Andrew . a . � o �.a . i�c : r Cor a special exceptionin accordance 41 h the Zoning Ordinance,ce, Article IV, Oection 400, Subsection J. for permission to use pro crt.y as a public 'garage an! car .sa"3jes 3.4�t. . Location of ,property: 30uth Side west Front Street (Route 2 x). Qzeenport. DIA-ma voxft, bounded north Inly West Frant :street, east by Giovanelli .end Schutt::, and Robert Brown* south by Long 1sland ,Railroad, and seat by G. Van sciver. ,*cie Imid 4;S.00. T'he Chairs., opm'ied this hearing yhich had beten recessed 1 om 7-.45 P.141. . Thursday, January 9, 196 4 whom t he applicant a 3.cd to ap pear to spaak. ,Eoir the a,pplicatio n lit there anayono prouent who da. hes to spew for �1th is appl .cat icon.a uthold wen Board Of Ajlpeals --10 January 23, 1964 � . ,DREW CAMPSELLI l think the application speaks for itself are to what the Intention is. VIE,, cNAIRW : Wil.l the cars be new and used M. CX4Pr31ML% Yes o CH IMMMI The new cars would be restricted to the ones you have an agency for? Er. .ca PSELLz Yes. I have two- aeparate franchises, one with Ford and exic o ier with, mercury. THE CI-AITLMANt Do you sell trucks m --CAKPS'f,L:- "(094 but- 99 and 9/10percent. -of.are sales are cars. The truce ;sakes are very levy. Tim, MAl �a -low big will the .new building S Z�_ T . .0 P Ems; The di nsIcns-will be either 50 by 100 or 60 by 100, :E have three trusses from. an airplane hanger and if l use them the building will. be 60 by 100, , if not, it wIII be 50- by 100. it will be placed in batik of the. front building. Cie chairmn advised mr. Campbell that the Beard is particularly interested in the parking of wrecks and laould ulant them under cover if they are kept for any length .of tinw.. 1 r. Campbell stated that .theey do not keep wrecks for alength of time. They are either repaired or disposed of. mrhe Ford motor cotrpan y sends inspector3 out- to investigate thugs often.. they consider the space occupied by a wreck valued at $8.00 ;per square* foot per day.-r- The Chairnn read the conditions ;U*ose d upon the -Viantiug of a special exception gear gasoline service stations and public garages. --- rurther discusuion was beeld relative to new and used cars. Mr. CaMpbell stated that they .have a good many rules they must follow to comply with the Ford miot= regulations-and it they .are not lived up to they could lose their franchise. ) Southold Ta�in hoard ol! Appeals -11.- January 23, 19,64 %I-IE� cI- IRmm:: nnze there any gurther questions? (There was no response. ) `.rils ctjAln da is there auiyone preuent who wishes to speak against this application' (There was no response. ) after invests atioan and inspection the Board fin findS that tha applicant has a parcel of busi ss property upon which a business builaiing is located and has been used "Zor 'many years as an appliance store. Mr. Caampbel,l nOW wishes to convert the building and property into the display and gale of new and tad cars. 7he adjoillitiy property to the cast is. a public garage and automobilo saeraico station and on theepposite side of the streQt thence axes two gasoline service stations ate well as a j urJ: yard. e applicant wishes to erect a new building in the rear o: t1ae propr�rty. The size of this buildl.f�g � to be either �; 50 by 100 or 60 by 100 limuM. This building is to be .used for ti,e repair and nwintenaance off: the new and used carse vhe zoard finds that the public convenience and wclZare and justices will be served and the, legally established or rmittod use of neighborhood property and adjoining use districts will not be pornanently or substantially injured and the spirit of t1w ordinance will be observed* . on motion of Mr. Hulse, seconded by Mr. aergen, it was rL;eSo ,&'D tat A=4reyw T. campbell be granted permia-slap to use his P- perty located. on t o- south side o�c-;gent- Front .street, Greenport, New ` o4t as a public garage and car saleo lot. 1;1e is further granted laeraissio n to erect a ne-ni building for the repair and maintenance of the. new and used cars with the Ei mens and of 50 by 100 ft. or as ft. by 100 ft. maximum. , in t)Ie roar of this prof.erty, and in accordance with the applicable sac-bens of tho auild3.i'g ..done Ordinance. a southold Town Board Of Weal -12- January 23, 1964 The go:Ljow 1ng nditjcnz are Imposed upon the granting o:'' this applications 1. 140 maj or repair work shall. be ,performed in sac.- OYen. . 1 ps, jubricating. and other devicea s all be located W4 .joas figteen (IS) feet from the line of any Street or hi.ghvjay, Fight-of-may+ OX PrOPDXtY sine* 3. Rl fuel call i t solar substances ahall- oX sted at least. fifteen (15) feet distant from anY st,rect or lot line. 4. No autoiiobi,l.es, or automdbi le P*rts# dismantled or damaged vehicles and similar articles Shall bO 5t0r0d ill the open and no r1 L19 of vehicles other than those being aervice4# with the exception elf automobiles anti trucit c which are on the premises for resale. a. Sit.,jas to be ih accordance with :'n ticlo IV, section 408 . Uildin� t�]3� r�rdinance f the � t of Southold. G. ,0'CrMAGz on is granted for one year in which to a l r a b;�i3r13 n raft f the ore"ctlon of the new building. qyp. voteoff; the Board:* -- Ur.r. Gill.ispie, . Bergen, Gr..Y gonis and a nr.. Hulse. . tbaniel ',mith appeared before the BOard tO submit an application for a special exception to erect a wall sign on the side wall of his business building on the south side of JockeY Cr k Drive, ,_30u11101d- `. als side call faces the ,,uin Road and t1le erection of a sign of that type would be most usef4- .,This would be the 6nly siUn CU z22e building. fir. Smith also wishOd t0 r=kc aWllcat.iOn tO Ica a sign previously granted by the Board located on the PrOPOrtY Of L. 1jart who its the new- owner og the former G. K. Smith and scans. ".ne. building and hardware business an the main Road. The Bo azd told ar. Smith to submit hiG application.on. Southold Tovn Board of Appeals -►3-, May 11. 1961 . .application The Boat finds,,that. sit ict/of the Ordinance waou14 produce practical di2ficult les or unumessa ' hardship .because the home is see constructed that without the additiork in the front the c=Vlete layout of the hQuee -would not be € uitable for a year- around hom« The hardship created is unique and would not be shared by all properties alike in the Inndiate -vi,nindty of this property and .in the saw use' district because this home is the only building on this strut and the owner owns the land to the West on "hitch: no future construction is planned. The variance does observe •the spirit of t Ordinance and would not change the 'gactwr of the district because in the entire subdivision of - Gardiner*s Bay Ynatates there is no definite setbacks on any of the present constructions therefore on motion of Hr. Gillispie, seconded by mr. ergen,, it rxsmvm, that Frederick go Gordon, Fifth ;street, tree st, - New York# a®c.Louie Twa9mr, Day View Drive, East Marion, New Work, be granted permission to reduce front yard seatback• to no lass than 2 6 ft. on Day View Road, East Marion, :yew'York, Lots 39 and part of 40. Section 2, Gardiner 4 a Say Estates. ' Vote W! the Doardst Ayeet- Mr. Gillispie, 24r. Bergen. GIs., Rosenberg, and Ur. Grigonis. PMIC =MlaTGa Appeal No. 357 - 7s 45 P.H, X_.Dft S.` 6 )', upon application of Claudio Glovanelli and Frederik L. Schultze., A 14G & S" service Station, Route 25, Greenport, saw York, for permission to extend the time limit for securing building. - --Permit..__...Location of property3 aouth ,side Route 25'. Greenport, New York. bounded north by main Road, east by Robert Brown, south by naflroad, and. west by E. E. Johnson. ree paid ;15.00. The Chaizm n°t opened the hearing by reading application for permissive use, legal notice of a�earing and affidavit attesting to its publication in �,t:he official newspaper. TfM- C 1IRNMs Is there anyone present veto wishes to speak for this application? MMRTS P. EDSI N, ESQ* , Southold, new Yorkz The reason far, the applicants not having applied dt=ing the permitted time Southold Tcwm Board of :op als - -4- may 11' "1961 As that they.bad taken over an additional gas station during the year and as, that acquisition had taken. som of .their. 'cash : set aside. for the new . sect, they were held up in starting,." this new gays station and public garage. THE Ch i a 1s there anyone else present. who Wishos to Spy for.. this application? More was. no..response.`' ''� C 1P1 i Is there anyone.,Xesimt Who 'wIShes. to sperm against this application (There vnw..no response.)- CHA1A+MMa 1 do 'not lieve -the Main Nrpose:- of"the'Soaxd was that tyre" structure was to be a rested"within a: certain tim--- but that'a, blank- ch c eras not g .ven.so the 1;l anf� could 1 . tie property for speculation, and s€►. forth. What would the extensi of time be that they would needy . M. 'RDSONa . .I '-4ould presume .an additio I wAar, THECHAUMMt,- .Are -there- any other queations'r .(There was, no .rosponse. TIm Board of appeals finds that applicants failed to secure, building permit within tim limit whJLch*.was. sat. in special ex- ception- granted March 10 1960 uases Appeal No. 237, due to the fact they were unable to complete procedures necessary prior, to �lling a£�pl .eati an -for a building­p6rzait ,for'- they erection of .a =,gasoline service station:and public garage. They are now ready : to begin- construction . The Board further finds that the use will not prevent the - orderly-and reasonable use of adjacent properties or of properties In adjacent use distrieter that the us®. will not prdvent` the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use in to be located or of permitted or legally established uses in adjacent use dis- tricts; that the safety, the health, the welfare, the comfort, the conven a nce or the order of the 'down will not be adversely affected by the proposed use and its locatiour and the use will be iia haxmonr .with and pxamte'the. enev�k purposes and intent '69 .he: ordinance, therefore On Mftl0n ,of Mr.- Gill pleat-.;A icon+ d , r. Grigonis .it was . .. ; securing' that the- time limit permit b Claudio. Gid elli and _vrederidC SChUltsa, ' /a "9. 6 8- Service 3tati=& RoUtc 25,. Ored ott, for, the erecti m, of a public garage . and,:ga4oli�te: service stati�nn �at' to ,23, '. ern rt, be extended far .'Q " '•year om.,thG Original. e lzation date of arch 10# .1 1. wing, l ae new tezzinatimn date. ,for. filing application for a building permit Marcia 10- 1 ?. Vote of the aoard A al - Ur. aillIspie, Mr. Berge,, f1r« Rosenberg,: d ur,. ori.gonis* '*. TLZC �y sM H :,q Appeal ewygo. 361 -.8;00 Pie ...ay�1��y,.r 1).s. �y„ ).P upon a�i4at`i.on'"og Robert xet�o �'r., .say CCU' Park, rast - . Marlon, New York, afa CoronetG ,Restaurant, Green, , gow y'orki i ar' ► speclal. exception In accordance with. the Zoning Ordinance,, Article III, Section 300, .subse Lion 11, for Permission. to erect and. maintain directional, sign an the property of A. iow. ri r. Vstate, South-sift Main IRMAr east of Bay Road, Southold New Fork. ree.-Paid_. 15.00. 'ate Chairm n opened the h.earing reading _application for a special .exception, legal notice of hearing and affidavit atteatitV to its publication in the ,official newspaper, NAIMMs s there anyone_ went.Vh0--. ai ea t®. aped . _for this application? R=MT 102CHAN, JR. , .Bay Lace Park, tant,marion, low Yorks There' "n*t anything .to add. The wording on the sign i.a all necessacyo lfithOut .znY of it the sign would be .worthless. charcoal: Broil is sort of a trade p=k 'f t,&e Coronet. THE CHAIRMAN: The sign you are requesting would be in thG natuxect an advertising -sign rather tan directional in f>rmtion for the traveling public. Southold :Tovn Board of :appeals -low. -narch 10, 1960 and the Soard 1indir that thei public' Convenience and walZare ustice •w.ill. be served and the legally established ear permitt6d u60.of neilbborhood property s4l.l not substantially or pesmianently IWured, and the spirit og, the- Ordimnce -w l: ..be a)ser ed� therefore be it'. 98SOLVnD that the application be g tet 'as applied for, - 'or .fission to reduce front yard setback on Lot, No. 3.30 ova Lap NO. 156* Vasa at Point Club Propeftiez# Inc, The Board of -appeals $grass with the r"saning of- the applicant. Vote of the Boardx Ayes: - Mr. Oilllspia& r. Rosenberg, PMILIC W.-Minat GOO Pa'ig. Appeal Mo. 257, previously scheduled for S z OQ P.x., March 3, .1960s but Postponed to 800 ,VU r March 10, 1960. Upson application of Claudia Giovanelli, anal Vredexick, L. Schultge, d/b/s. 0. sA S. Sex°vice Station* Route , , Oxcenporto New Yor%, ior a special exception, in accordance with the: Zoning Ordinance+, Article XV, Zection 400, Saabsection.9, 'for permissions to erect and maintain a publ is garage .on property located opt. the south side o : mute 25#' raexport p Bets York* bounded north by Main Road# east by Rob0rt Brown.. ' south► by Rail=ad," and v6st by E. U. Johnson. Fee paid $15.00. The Chaizman opened .the hearing by reading application for a special exception,,, legal notice of hearing .and affidavit a ttest- ,g to its publication in the official newspaper. TW CHAT bMUt Is there anyone present who wishes+ to sped for this appl:icatic ? n-RTS P. EDSON, ESA$. , Southold$ Now Yorks I represent the �rpp3�3cants. ' TW CI IRM& I bell'eve this application should be amended by eliminating the words "and. service station". since a separate applicatica was made for the service station, Does that meet your approval. Mr.rdson. SONt That is all right with me. are:2a l � 19+ !? e +3e They sketch the. ' it oh the .ems sting gip' Of B :Ua' shog, being 75 f�Ce�n1t Rout 25 and the 'Office buillt�q .o i't* the existing store .oi Oohlis= to : s- Want: it.. €rm .ftute. 2$. it is V;=pse 4 to piss tos s a "« .60XVice Station between Bra and the store of :jah on. VAO •eke 'h, 62 tits" 0 � S. lot is300 . 3gry:�00 �, ln.vi.dth. � will be located AS ftr:. fr= OUtn 23* . The Vill .*Is** bav►a An:: this r bus 8 11 a zuxvmmding area' wJ be e�oAxIste�nt to have inessrss go In there. Xt is altlad of industrial area* with buffs Shop and lumber yarn, and set► forth,. TO CMA3RkWt I will d tie restrsctions vahic are liated tbs. agreewnt between Robert: Bralm and, Claudio Glovanalti and Frederick schultze. %&Ich appesa" in, they files ►`sib, eet to the stxieaion that no cozmxcial building;or sstvueture shall' be OrOctsd On said- omisesa. within 75 ft. of thesoutherly lUe of tha risk. FWady no major reg&i,r work .Mall be per forme4 in the opent no aut bile(a) cc aut bilO p.1artso dismantled or 4Bmag VOhJWUs or similar articles shall be. stored in:- the open in font of building(a) or sgtrurcture is)I. that SsXIAG.VwV$ and/or Island insta..3ations , and ae rtl$iirg SAW WO shall net. be _. considexed as struEctUrea Subject'to the .above set-back res;ltr cUQscst. -;My soon are 'they � g tc� build? ' > is can f t der t m t:. SM CiUMD": Will a year be enough "them is ar time restrict n« tim schedule they bave in mind* lea We have been cautioned against special a e�.onm Or v a,iamces� where there is 40 time limit at all. Things are always chwving. . ROSEUMMg How smut a year, and have therm cues bad to biave it renewd. The reason for the time limit is Mast so SMOOnO won`t be able to hold they property and use it as a speculative ruxPOSOO TBE CEMRMA We dan't waft to cause anyone any undue taro le Southold .Town Wmrd o ppeals - 10# 1960 : o- ZOSON: The one year tim limit *will be entirely- .0molution was offered by Mr._ Gill pia* seconded. by menberg* and carri ed. TW=M application of.Claudia G ov'anell,l AW Frederidk L. Schultze" C1.4/a 0. 8. service statian,, having b i d- at Public nearing No - ��►�' tea lt�, 1 t3 and the Sid finding that the publLe convenience and lea and t ►t ice .will be served and the. legaRy established or Vemitted use - ofneighborhood p"pefty will. not be substantiaUY or pe to nentlY :' 'injuxpd and the .spirit of the d as Will be observed, therefore e It USSOLVED that this application for a 'special exception be rj ted as applied for a public garage subject to thefollowing d3.tios U No major repair ward shall ,be perfoxwd in the'open. 2. Pis, lubricating and. other devices shall be located at least fifteen (15) feet from. the lkw of any street or hl.bway, ari ht-*f-Va # ran PrOperty. 11400 30 All fuel oil or,similar- substances shall stored at least fifteen (15) feet distant fxom any stare or-Iot Vo autowbilen, or automobile yaxta, diamwitled or damaged 'vehicles and similar articles, shall. be stored In the open and no paeking of vehicles +Mbar than boas' hem serviced shall be permitted. 5» Signs to be In accozdance with ArticlelVe Section 408, of the Building Zone Ordinance of.the Wotm .of SQUibold. 6 ;- Permission Is grated for one year Az wbich to apply for a bull'aing permit for this project* Vote o 9 the Mmrds,., Ayes g- Mr. Gilliapie, Mr. Rosenberg, and. mr. Grigonis. :C 16 Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 `i ut k`1 tJ��'^f " TELEPHONE �� (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 19, 1988 Garrett Strang P.O. Box 1412 Southold, NY 11971 RE: Proposed site plan for Joseph A. Stocken, dreenport SCTM #1000-45-6-5 Dear Mr. Strang: The proposed site plan for Stocken was reviewed by the Planning Board at a work session. The existing use appears to be a legal non-conforming use. In order to expand the use as proposed, a Special Exception will be required to expand a non-conforming use. Further, under the current code, a grocery store is not a permitted use within the C Light Industrial Zone. Therefore, it is recommended that your client apply to the Zoning Board of Appeals if he wishes to pursue the matter further. The Planning Board' s comments on the site layout are enclosed. These comments should not be assumed to be an endorsement of the proposed use. In fact, the Planning Board is not in favor of the addition of food stores to gasoline service stations. If revised plans are submitted, please include the enclosed new site plan application form. This •form is being used with all site plans so as to improve our records-keeping. If you have any questions, please do not hesitate to contact this office. Very tr ly yours, BENNETT ORLOWSKI,JR. CHAIRMAN cc: Building Department Zoning Board of Appeals Kevin McLaughlin jt 93o fF Caw4 as;-a 1r )T, rxP kit L � - r, `6�4�7 D 5 " ." Southold Town Board of Appeals •:rr�" MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SSRE(��RppG��Epp DO11YEN, JR.^ S INTERDEPARTMENTAL MEMORANDUM JOSEPH H. SAWICKI TO: Valerie Scopaz, Town Planner Southold Town Planning Board Chairman and Members FROM: Board of Appeals 9TY�_k DATE: September 29, 1988 SUBJECT: Site Plan - Joseph Stocken/M & N Auto, Inc. ID #1000-45-6-5 ZBA Appls. No. 3783SE and 3782V As of recent date, our Office received applications pending for the above, which site plan dated August 4, 1988 is under review by your office. If you wish to provide recommendations or comments on this project, we urge that you do so on or before October 20, 1988 , and transmit a copy of your comments to. the applicant or his attorney at the same time in order to keep coordination up-to-date. If we do not receive your comments by October 20, 1988, we will assume that you have no objections and accordingly proceed. Thank you for your cooperation in this coordination. lk lSolldhold Town Bard ®fAppeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. September 29, 1988 nrnT � nnnn� ncc ' JOSEPH H. SAWICKI J. Kevin McLaughlin, Esq. 828 Front Street, Box 803 Greenport, NY 11944 Re: •• Appl. No. 3783SE and 3782 - Joseph Stocken CTM #k1000-45-6-5 Dear Kevin: This letter will acknowledge receipt of the above applications filed on September 26, 1988. The Board Members will be conducting field inspections and environmental reviews as may be required by State and local laws prior to advertising these matters for public hearings. We have provided the Planning Board with notification that we are proceeding with the above matters and have urged any comments to be referred no later than October 20th, with copies to be sent directly to you by their office. In the interim, please furnish the following for the record: (a) Disclosure Affidavit for the owner-corporation; (b) written consent from the property owner authorizing you and Mr. Stocken to make these applications; (c) copy of all conditions of the Contract of Sale and statement of those parties having an interest in same. Page 2 - September 29, 1988 To: J. Kevin McLaughlin, Esq. Re: Appls. No. 3783SE & 3782 - Joseph Stocken Please feel free to call at any time if you have questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure cc: Planning Board Building Department ATTORNEY AT LA 828 FRONT STREET,P.O.BOX 803 GREENPORT,NY 11944 (516)477-1016 September 26, 1988 Town of Southold Zoning Board of Appeals Main Road Southold, New York 11971 Re: Joseph Stocken 74200 Main Road, Greenport, New York Tax Map No. 1000-45-6-5 Gentlemen: I have enclosed applications for a variance and a special exception in the above-referenced matter. Pleas place these matters on you next available hearing date. Very trulN o r J. Cn McLa h / n JKM/lg Enclosures Southold Town Board of App' e' als- MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD October 2 6, ,19 8 8 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN S.E.Q.R.A. CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION onaror i P9IJGI JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO. : 3783SE . PROJECT NAME: JOSE'P'H A. 'S'TOC'KEN/ -M' '&' N AUTO',' 'INC. This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a sigAifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: C ] Type II YX] Unlisted [ ] Exempt bESCRIPTION OF ACTION: Expansion of present -property by the addition of a new building to be utilized for the existing automobile service station, in addition to continued sales of. gasoline and proposed grocery store uses LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: S/s Front . Street, ..Greenport, . NY 45-6-5 REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) �S an application concerning use of premises and is not directly. related to new construction. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals,.. Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802 . Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. (3) Information- has been submitted by applicant or his agent in- dicating that the project will not involve the disturbance of wetlands mcasses or areas subject to flooding which may be considered wetlands Southold Town Board of Appeals r�l 4 � MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS PMEMBERS BOARD October 26 , 1988 GERARD P. GOEHRINGER, CHAIRMAN S.E.Q.R.A. CHARLES GRIGONIS,JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION D(1R CDT 1 I39 GI n JOSEPH H.SAWICKI Notice of Determination of Non-Significance APPEAL NO. : 3783SE . PROJECT NAME: 'JOS'EPH 'A. 'STOCKEN/ M '& N AUTO',' 'INC. This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law 1#44-4 of the Town of Southold. This board determines the within project not to have a sigiifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II $X] Unlisted [ ] Exempt DESCRIPTION OF ACTION: Expansion of present property by the addition of a new building to be utilized for the existing automobile service station, in addition to continued sales of gasoli,ne and proposed grocery store uses LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: S/s Front . Street, ..Greenport, NY 45-6-5 REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Th,�S is an application concerning use of premises and is not directly related to new construction. FOR FURTIIER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals,.. Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802 . Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. (3) Information- has been submitted by applicant or his agent in- dicating that the project will not involve the disturbance of wetlands grasses or areas subject to flooding which may be considered wetlands me STATE OF NEV RK) )SS: COUNTY OF SUFFOLK) Christina Contento of Mattituck, in C said County,being duly sworn,says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York,and that the Notice of which the annexed is a printed copy,has been regularly published in said Newspaper once each week for I weeks successively, commencing on the 20 day of October 19 88 I '�nnll� ill�t � l�l Principal Clerk Sworn to be re.me this 19 MIp RY K.MGM, 8o k �..... ,/. Y ,RmY PUBLIC,State of ,County 4849 Sti nFrirpn bruaq4p9 • NY;County Tax Map Ihstnct 1000 percent Location of Property: 1060 store uses,all as shown on.the Au �8�al ®t�C�S Section 87,Block 3,Lot 8 Moore's Lane,!Greenport,NY;East- gust 4, 1988 Site Plan ' 7:45 p.m. Appl No. 3772 t'ern Shores Subdivision, Section 3; App1-No 3782-Yanance tothe' JOHN G.PHII,IPPIDES. Variance Lot 99; County Tax Map District Zoning Ordinance,Article VIII Sec 'NOTICE OF HEARINGS to the Zo,nng Ordinance,Article XI, I000,Section 33,Block 2,Lot 43 tion 100-80 for permission to convert NOTICE IS HEREBY GIVEN, `Section 100-1192 for permission to ,8:05 p.m. Appl No..-3786 f existing building to retail(grocery) prVSitant to-Action 267 of the Town construct deck addition at rear of ex MARION SAC,CONE. Variance to store,which is not 1isizaas a permit- Law and the Code of the Town of ,,l isting dwelling with an insufficient the Zoning Ordinance,'Article III, ted use in this"C-Light In u_W11 Southold,the following hearings will setback from existing bulkhead. Lo- Section 100-30,�or percussion to re- Zone District, in addition to the be held by the Sni7TN011)TOWN: '. cation of Property: South Side of Old place nonconfomnng trailer with new existing sales use(of gasoline and BOARD OF APPEALS at a Regular Cove Road,Southold,NY;County, single-family dw6lling,in addition to diesel)andproposed new building for Meeting at the Southold Town Hall.' Tax Map District 1000,Section.52 the established d'elling strumms and automobile servicing._ Main Road,Southold,NY 11971,on Block 2,-Lot.10.1. uses. Location o Property: 6.6075 8:30 p.m. Appl. No. 3708 - WEDNESDAY OCTOBER 26.1988 7E50 p.m: -Appl. No. 3785SE C R 48,Greenpo NY;County-Tax DAVID WALKER/I URTLE ASSO- at the following times. .` RAYMOND NINE and CHARLES Map District 1 ,Section 40,Block CIATES. Variances to the Zoning 7:30 p.m. Appl. No. 3773 ZAHRA. Special Exception to the 2,Lot 7. { ,'s; •:: Ordinance,Article III,Section 100- GRETCHEN K.HEIGL Variance to 'Zoning Ordinance,Article III.Section 8:10 p.m. A pl No.`3762 - 31,for approval of parcel as.exists the Zoning Ordinance, Article III, 100-30B(16) for permission to es -ROBERT G. ND -c_DIANNA ...,,-.-.with insufficient lot area and width Section 100-31.for permission to tablish"Bed and Breakfast Use:' an BAKER. Bed and$t-., dated , ast proposal, and more particularly described in connect deck to porch,leaving an in- owner-occupied building,other than a 2900 Boisseau Avenue, Southold; Deed at Liber 8721 page 433 sufficient setback from the _ hotel,where lodging and breakfast is 1000-55b9. (Recessed from October October 25,1979,having been set-off. south(westerly)property line. Loco- provided for not more than six casual, 6, ) A ': without Planning Board approval. lion of Property: Private Right-of- transient roomers,and renting of not 8:15 p m OSEPH A Location..of Property: 1300. Way extending off the North Side of more than three rooms. Location of TOCKEN/NI & -AUTO;INC Marratooka Lane, Mattituck, NY; Soundview_Avenue,Southold,NY; Property: North Side of New Suffolk " Location of Property*',,South Side of County Tax Map District--1000, County Tax Map District 1000,Sec Avenue,Mattituck,NY;County Tax Front Street(Route'25);Greenport, Section 115, Block 3, Lot,18.3 lion 68,Block 1,northerly part of Map>District 1000, Section. 114 NY;County Tax Map Distrct 1000 (previously part of 18.2): t Lot 14(now 14.1).. Block 11,Lot 20 'Section 45,Block 6,$,ot.5: Y ^-.11ie Board of Appeals will at said 7:40 p.m.. Appl. No. 3784 7:55 p.m. AppL No. 3777 - Appl. No. 3783SE --Special Ex- --time and place hear any and all Per - JAMES YOUNG. Variance to the . CARL J.AND RUTH V.NELSON. ception to the Zoning,Ordinance,At- sons or representatives desiring to be Zoning Ordinance,Article III,Section Variances to the Zoning Ordinance, ticle VIII,Section 10Q 80 for expan- heard in each of the above matters. 100 31 for permission to construct Article III,Sections 100-31 and 100- sion of the present property by the Written comments may also be sub- Section 100-119.1 - addition of a new building to be uti- mitted prior to the conclusion of the addition to dwelling with insufficient 32,and Article XI, front yard setbacks from the westerly for permission to construct tennis lized for the existing automobile ser- subject hearing.Each hearing will not . and southerly property lines.Location- court with 10-ft.high fencing in the vice station and public garage, in start before the time allotted. For of Property:NE/s Minnehaha Boule- frontyard aces and total lot coverage in addition to the continued sales of more information, please call 765- vard at"Laughing Waters,"Southold, excess of the maximum-permitted 20 asoline and proposed retail(grocery) 1809 .. E :na::ja.._•-�f.^s%.k.g?s2;=s.i.r -;.�:en-.,.A;+au i cw ,.m �:�xr.�� ij ,� ... � .., A ! ,y � �..:,� ,.o-.a�e w f�, ...:ta r �'��>L.. - .._ _. .�.__....._.�,.-..�.a._•-.'_.-_"` _ - ,,pp I 7 .LYE p_�y.,.yr Dated:October6.1988. .`' BY ORDER OF .THE SOUTHOLD TOWN BOARD OF APPEALS GERARD.P.GOEHRINGER, CHAIRMAN By Linda Kowalski F,_ 6087-17020 ' ' GIVEN, pursuant to Section COUNTY OF SUFFOLK 267 of the Town Law and the --ATE OF NEW YORK ss: Code of the Town of Southold, the following hearings will be .,.'held by the SOUTHOLD TOWN BOARD OF APPEALS Patricia Wood, being duly sworn, says that she is the at a Regular Meeting at the Southold Town Hall, Main Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, Road, Southold, NY 11971, on a public newspaper printed at Southold, in Suffolk County; WEDNESDAY,OCTOBER 26, and that the notice of which the annexed is a printed copy, 1988 at the following times: has been published in said Long Island Traveler-Watchman 7:30 p.m. Appl. No. 3773- once each week for . � weeks GRETCHEN K. HEIGL.Vari- ance to the Zoning Ordinance, Article III, Section 100-31 for successively, commencing on the . . . . . . . . . . . . . . . . . . . . . . _ permission to connect deck to _ porch, leaving.an_insufficient setback from the south(westerly) d ay 'L"� 19 � property line. Location of Pro- ' perty: Private Right-of-Way ex- tending off the North Side of :1 . . . . . • . . . • . • , Soundview Avenue, Southold, p '-'APPI. No:i376,� NY,• County Tax Map District ROBERT G:" and DIANNk ' 1000,Section 68,Block 1,north- BAKER. Bed and Breakfast Proposal, 2900 Boisseau Ave- ZV erly part of Lot 14 (now 14.1). nue,Southold; 1000-55-6-9. odd 7:40 p.m. Appl. No. 3784 (Re- cessed from October 6 1988 day of JAMES YOUNG. Variance to 8:15 p.m.JOSEPH A.STOC_ the Zoning Ordinance, er i KEN/M&N AUTO,INC.Loca- III, Section 100-31 for permis= � 19 sion to construct addition to tion of Property:South Side of dwelling with insufficient front. 1 .Front Street(Route 25), Green- yard setbacks from the westerly Port,NY;County lax Map Dis- trict southerly property lines. trio 1000, Section 45, Block 6, Location of Property: NEA Lot 5: Minnehaha Boulevard at APPI• No. 3783SE-Specia . . . . . ��>L� "Laughing Waters;" Southold Exception to the Zoning g Ordi- y Public NY; County Tax Map District nance, Article ViII, Section ;1000,Section 87,Block 3,Lot 8. 100-80 for expansion of the pre- RA A. SCHN Ei CER sent property by the addition of BLIC, State of New Yoo _; �7.45 p.m, Appl. No. 3772- a new building to be utilized for No. 4806846 JOIIN G.PHILIPPIDES.Vari- the existing automobile service ied in Suffolk Co:;n y ance to the Zoning Ordinance, Article XI,Section 100-119.2 for station and public garage,in ad- ion Expires g�3//�U dition to the continued permission to construct deck ad- sales ofne gasoline . dition at rear of existing dwell- ga ga Proposed retail o li ing with an insufficient setback (grocery)store uses,all as shown from existing bulkhead. Loca- on the August 4, 1988 Site Pla . tion of Property:South Side of APPI• No. 3782-Variance to Old Cove Road,Southold, NY; the Zoning Ordinance, Article County Tax Map District 1000, Vlll,Section 100-80 for permis Section 52, Block 2, Lot 10.1. sion to convert existing building . to retail(grocery)store,whicb.is,.' p.m. Appl. No. 3785 not listed as a permitted use in SE-RAYMOND NINE and CHARLES ZAHRA. Special this "C-Light Industrial"Zone Exception to the Zoning Ordi-. District,in addition to the exist- nance, Article III, .Section ing''sales use (of gasoline and anceB116] for permission to diesel)and proposed new build- .100-30 establish "Bed and Breakfast ing for automobile servicing. Use,"'an owner-occupied build- 8:30 p.m. Appl. No. 3708- ing,other than a hotel, where DAVID WALKER/TURTLE lodging and breakfast is provid- ASSOCIATES.Variances to the J ed for not more than six casual, Zoning Ordinance, Article 111, transient roomers, and renting Section 100-31, for approval of of not more than three rooms. Parcel as exists with insufficient Location of Property: North lot area and width and more Side of New,Suffolk Avenue, particularly described in Deed at Mattituck, NY, County Tax Liber 8721 page 433 dated Oc- .. Map District 1000,Section 114, Sober 25, 1979,having been set- y:,-;Block.11, Lot 20. off without Planni�g Board ap- 7:55 p.m. Appl. No- 3777- Proval. Location of Property: CARL J. and RUTH V. NEL- 1300 Marratooka Lane, Matti- tuck,NY,County Tax Map Dis- SON. Variances to the 'Zoning trict 1000,Section 115,Block 3, Ordinance,Article III,Sections Lot 18.3 (Previousl 18.2). 100-31 and 100-32, and Article y part of _ XI,Section 100-119.1 for permis- The Board of Appeals Sion t onstruct tennis court said time and place h arany and with 0-ft high fencing in the all persons or representatives de- frontyard area and total lot siring to be heard in each of the coverage in excess of the maxi- above matters. Written com- mum-permitted 20 percent. ments may also be submitted Location. of Property: 1060 prior to the conclusion of the Moore's Lane, Greenport, NY; subject hearing. Each hearing Eastern Shores Subdivision, will not start before the time al- Section 3, Lot 99; County Tax lotted.. For more information, -Map District 1000, Section 33, f please call 765-1809. Block 2, Lot 43. Dated: October 6, 1988. 8:05 p.m. Appl. No. 3786- BY ORDER OF MARION SACCONE.Variance THE SOUTHOLD TOWN to the Zoning Ordinance, Arti- BOARD cle III, Section 100-30, for per- GERARD P. G OF APPEALS mission to replace nonconform- OEHRINGER, ing trailer with new single-family - CHAIRMAN dwelling, in addition to the es- By Linda Kowalski tablished dwelling structures and IX, 10/20/88 (3) uses. Location of Property: 66075 C.R. 48, Greenport, NY, County Tax'Map District 1000, Section 40, Block 2,•Lot 7• Southold Town Board of Anneals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. -R88E--RT-.k,DGIJG"S-S JOSEPH H. SAWICKI James Dinizio, Jr. TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN << x Southold Town Board f �. .w. � o Aimeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NOTICE OF HEARINGS JOSEPH H. SAWICKI James Dinizio, Jr. NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY 11971, on WEDNESDAY, OCTOBER 26 , 1988 at the following times: 7 : 30 p.m. Appl. No. 3773 - GRETCHEN K. HEIGL. Variance to the Zoning Ordinance, Article III , Section 100-31 for permission to. connect deck to porch, leaving an insufficient setback from the south(westerly) property line. Location of Property: Private Right-of-Way extending off the North Side of Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 68, Block 1, northerly part of Lot 14 (now 14.1) . 7: 40 p.m. Appl. No. 3784 - JAMES YOUNG. Variance to the Zoning Ordinance, Article III , Section 100-31 for permission to construct addition to dwelling with insufficient front yard l Z.B.A. Legal Notice -2- October 26 L988 Hearings setbacks from the westerly and southerly property lines. Location of Property: NE/s Minnehaha Boulevard at "Laughing Waters," Southold, NY; County Tax Map District 1000, Section 87, Block 3 , Lot 8. 7:45 p.m. Appl. No. 3772 - JOHN G. PHILIPPIDES. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to . construct deck addition at rear of existing dwelling with an insufficient setback from existing bulkhead. Location of Property: South Side of Old Cove Road, Southold, NY; County Tax Map District 1000, Section 52, Block 2, Lot 10.1. 7:50 p.m. Appl. No. 37855E - RAYMOND NINE and CHARLES ZAHRA. Special Exception to the Zoning Ordinance, Article III, Section 100-30B{16} for permission to establish "Bed abd Breakfast Use," "an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms. Location of Property: North Side of New Suffolk Avenue, Mattituck, NY; County Tax Map District 1000, Section 114, Block 11, Lot 20. 7:55 p.m. Appl. No. 3777 - CARL J. AND RUTH V. NELSON. Variances to the Zoning Ordinance, Article III, Sections 100-31 and 100-32, and Article XI, Section 100-119.1 for permission to construct tennis court with 10-ft. high fencing in the frontyard area and total lot coverage in excess of the maximum-permitted 20 Z.B.A. Legal Notice -3- October 2 1988 Hearings percent. Location of Property: 1060 Moore's Lane, Greenport, NY; Eastern Shores Subdivision, Section 3, Lot 99; County Tax Map District 1000, Section 33, Block 2, Lot 43 . 8:05 p.m. Appl. No. 3786 - MARION SACCONE. Variance to the Zoning Ordinance, Article III, Section 100-30, for permission to replace nonconforming trailer with new single-family dwelling, in addition to the established dwelling structures and uses. Location of Property: 66075 C.R. 48, Greenport, NY; County Tax Map District 1000, Section 40, Block 2, Lot 7. 8: 10 p.m. Appl. No. 3762 - ROBERT G. AND .DIANNA BAKER. Bed and Breakfast proposal, 2900 Boisseau Avenue, Southold; 1000-55-6-9. (Recessed from October 6, 1988) . 8:15 p.m. JOSEPH A. STOCKEN/M & N AUTO, INC. Location of Property: South Side of Front Street (Route 25) , Greenport, NY; County Tax Map District 1000, Section 45, Block 6, Lot 5: Appl. No. 37835E - Special Exception to the Zoning [addition dinance, Article VIII, Section 100-80 for expansion of the esent property by the addition of a new building to be utilized r the existing automobile service station and public garage, in to the continued sales of gasoline and proposed retailrocery) store uses, all as shown on the August 4, 1988 Site an. Z.B.A. Legal Notice -4- October 2 1988 Hearings Appl. No. 3782 - Variance to the Zoning Ordinance, Article VIII, Section 100-80 for permission to convert existing building to retail (grocery) store, which is not listed as a permitted use in this "C-Light Industrial" Zone District, in addition to the existing sales use (of gasoline and diesel) and proposed new building for automobile servicing. 8:30 p.m. Appl. No. 3708 - DAVID WALKER/TURTLE ASSOCIATES. Variances to the Zoning Ordinance, Article III, Section 100-31, for approval of parcel as exists with insufficient lot area and width and more particularly described in Deed at Liber 8721 page 433 dated October 25, 1979, having been set-off without Planning Board approval. Location of Property: 1300 Marratooka Lane, Mattituck, NY; County Tax Map District 1000, Section 115, Block 3, Lot 18. 3 (previously part of 18.2) . The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted Z.B.A. Legal Notice -5- October 2 1988 Hearings prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. For more information, please call 765-1809. Dated: October 6, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski -----------------------------------------------------------------x Notice to Newspapers: Please publish the above Legal Notice once, to wit, Thursday, October 20 , 1988 and forward one Affidavit of Publication to: Board of Appeals, Main Road, Southold, NY 11971. Thank you. -----------------------------------------------------------------x IZz `3 I South®ld Town Board of Appeals �,"`ti�� MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 ,XV, TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. RQBERT i nniiri no JOSEPH H. SAWICKI James Dinizio, Jr. List of Mailings Hearings for October 26, 1988 Southold Town Board of Appeals Copies to the following on or about October 14, 1988: Mr. and Mrs. Frederick Heigl P.O. Box 32, Peconic, NY 11958 Mr. William Chamberlain (Re: Heigl) 22 Bowden Drive, Huntington Station, NY 11746 Horton Construction Co. Attention: Mr. Gerry L. Horton P.O. Box 1442, Mattituck, NY 11952 Mr. John G. Philippides 35 Avalon Road, Garden City, NY 11530 Mr. Charles Zahra and Mr. Raymond Nine 1830 Pike Street, Mattituck, NY 11952 Mr. and Mrs. Carl J. Nelson P.O. Box 373 , Greenport, NY 11944 Mr. and Mrs. William L. Schroeher (Re: Nelson) 525 Greenhill Lane, Box 608, Greenport, NY 11944 ➢�u�ha-i�—F��p J. Kevin McLaughlin, Esq. 828 Front Street, Greenport, NY 11944 as ttorney for Marion Saccone �s Attorney for Joseph A. Stocken as Attorney for Turtle Associates (David Walker) William D. Moore, Esq. Box 23 , Suite 3 , Mattituck, NY 11952 as Attorney for Mr. and Mrs. Robert Baker Legal Notice of Hearings for October 26, 1988 : Copies to the following on or about 10/14/88: Mr. and Mrs. Robert G. Baker 2900 Boisseau Avenue, Southold, NY 11971 Gary Flanner Olsen, Esq. (Re: Walker/Turtle Associates) as Attorney for Mr. and Mrs. J. Lowell Main Road, Box 706, Cutchogue, NY 11935 Mr. and Mrs. Jackson Lowell 1100 Marratooka Lane, Box 266, Mattituck, NY 11952 Mrs. Catherine Woodhull Marratooka Lane, Mattituck, NY 11952 Charles R. Cuddy, Esq. 180 Old Country Road, Box 1547, Riverhead, NY 11901 L.I . Traveler-Watchman, Inc. (Official Town Newspaper) Suffolk Times, Inc. Town Clerk Bulletin Board ZBA Office Bulletin Board ZBA Chairman and Members with copies from file ZBA Individual Files r Lr7 ,.. j t Town Hall 53095 Main Road f��s. "'-:' •`��- P.O. Box 1179 i Southold, New York 11971 JUDITH T. TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: September 26, 1988 Transmitted herewith is Zoning Appeal No. 3783 application of Joseph Stocken by Kevin McLaughlin for a Special Exception. Also included is Notification to Adjacent Property Owners; Short Environmental Assessment Form; f GertiFi- Premises; ity ; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk RECE90 TOWN OF SOUTHOLD, NEW YORK S EP 2 6 1988 APPLICATION FOR SPECIAL EXCEPTION %-9;Jo P/ Town clerk Slnrt sw Application No. Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: I (we) , JOSEPH STOCKEN_ Of 183 Smithtown Blvd (Residence, House No. and Street Nesconset, New York (Hamlet, State, Zip Code, Telephone Number) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE VIII SECTION l00 , .SUBSECTION 80 for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale) : to expand the use of the present property by the addition of a new building of approximatelyJ500 sq. ft. to be utilized for the existing automobile service station. A special exception for a public garage was granted by the Southold Town Zoning Board of Appeals by decision dated March 14, 1960 in Appeal No. 257 and extended by decision dated May 17, 1961, in Appeal No. 357. A. "Statement' of Ownership and' Interest. Contract Vendee Joseph Stocken is (are) the aY,tt lz*'& of property known and referred to as 74200 Main Road; Greenport, Ouse No. , Street, Hamlet New York identified on the Suffolk County Tax Maps as District 1000, Section' 045 Block 06 , Lot(s) 05 which is not UxU on a subdivision Map (Filed , "Map of Filed Map No. , and has been approved by the Southold Town Planning Board _on as a [Minor] [Major] Subdivision). is under contract of sale dated April 19, 1988. The above-described property B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to . property or persons in the neighborhood for the following reasons: The premises is presently used as an automobile repair shop pursuant to the special exceptions set forth above. The construction of the new building will merely continue said use. Surrounding property is generally light industrial and business in nature. C. The property which is the subject of this application is zoned C and [ X] i.s ,consistont with the. use(s) described in the Certificate of Occupancy being furnished herewith. ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): [ ] is vacant land. COUNTY OF SUFFOLK) - STATE OF NEW YORK) ss. : Sworn to be .ore me this 21stday of Septembe 19 88 otary u is LAURIE E.GRAEB Z B2 (rev. 2/6/86) Nof�N Public,State of Flew Volk ( No.g821818,Suffolk county Term Expires September 30,1988 TOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION Application No. 3 7 3 Date Filed: TO THE ZONING BO"ABRD OF APPEALS, SOUTHOLD, NEW YORK: I (We) , JOSEPH STOCKEN- G�nirx,r ' � .em- Of 183 Smithtown Blvd (Residence, House No. and Street Nesconset, New York (Hamlet, State, Zip Code, Telephone Number) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE VIII SECTION 100 , ,SUBSECTION 80 for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): to expand the use of the present property by the addition of a new building of approximately1500 sq. ft. to be utilized for the existing automobile service station. A special exception for a public garage was granted by the Southold Town Zoning Board of Appeals by decision dated March 14, 1960 in Appeal No. 257 and extended by decision dated May 17, 1961, in Appeal No. 357. A. Statement of Ownership and Interest. Contract Vendee Joseph Stocken Ware)(are) the sac visi of property known and referred to as 74200 Main'Road, ' Green ort, (House No. , Street, Hamlet) . New York . . . . . . . . . . . . . . identified on the Suffolk County Tax Maps as District 1000, Section 045 Block 06 , Lot(s) 05 which is not UKtx on.a subdivision Map (Filed. . "Map of- Filed Map No. , and has been approved by the Southold Town Planning Boar on' as a [Minor] [Major] Subdivision). is under contract of sale dated April 19, 1988. The above-described property mfa$xaagvix&dxhyxkkaxawR&xxaFc B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: The premises is presently used as an automobile repair shop pursuant to the special exceptions set forth above. The construction of the new building will merely continue said use. Surrounding property is generally light industrial and business in nature. C. The property which is the subject of this application is zoned C and [ X] i.s .consistant with the. use(s) described in the Certificate of Occupancy being furnished herewith. L ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s) : 1 [ ] is vacant land. COUNTY OF SUFFOLK) - STATE OF NEW YORK) ss. : r a ure Sworn to before me this 21stday of S gtembe 1988 otary u is LAURIE E.GRAEB ZB2 (rev. 2/6/86) HoUry Public,State ofNewYotit No.4821818,Suffolk County Term Expires September 30.1988 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of JOSEPH STOCKEN NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER 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 (AiEYUW)M [circle choice,] 2. That.the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 7:4ZQQ Main Road, Greenport, New York, SCTM 1000-045-06-05 3. That the property which is the subject of such Petition is located in the following zoning district: C Light Industrial 4. That by such Petition, the undersigned will request the following relief: Special exception to expand the present use of the property by the construction of a 1,500 sq. ft. building to be used as an automoble repair shop. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed.are Article VIII. Section _ 100-80 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 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. (516) 7E 5-1809. 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; t at you or your representative have the right to appear and be heard at such hearing. bated:' September 1988 " Pe tioner 0 ners Names : Jo eph Stocken st Office Address 828 Front Street, PO Box 803 Greenport,:.New York 11944 Tel . No. (516 ) 477-1016 [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS 125-127 Main St. Corp. 24100 Front Street Greenport, NY 11944 Robert Brown Greenport, NY_ 11944 STATE OF NEW YORK ) ss COUNTY OF SUFFOLK) Laurie E. Graeb residing at 4780 Ole Jule Lane, .Mattituck, NY .,being duly sworn, deposes-and says that on the 22na .day of September . .fig 88 , deponent mailed a true copy of the Notice set forth on there 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 Mattituck, New York ;that said Notices were mailed to each of said persons by (certified) (zeerzd4 mail. . 'Ldurie E. Grae Sworn to befor (eid's % day of e e e i N/tart' ubl c V J. KEVIN Mk(A LIIf, Notary Public, State of New Yor.I Qualified in Albany_County W Commission Eapiies to 19:. (This side does not have' to be completed on form transmitted to adjoining property .owners.. ) FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL Date . . . To '. . . . . . . . . . . PLEASE TAKE NOTICE that your application dated . . . �. :-ram . . ?o . . . ., 19 ?� .$. for.permit to .�!�fg �-. a. ST. s?-.qn. . C QLo,kp . . . . . . . . . . . . . . . -I . at Location of Property ?.`t�.Z C c. . .. . . . . . . . ..... .. c};��'. . House No. Street �� Hamlet County Tax Map No. 1000 Section . . . . .0 S: . . Block . . .Q t-0. . . . . . . Lot . . .Q.4.. . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following PP g grounds . . P:�..� . . . . . . . . . .1.�t 4 . �. -. . . : . . . .� - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . L . . . . . . . . . . . Building* Inspect * RV 1/80 14.16-4(2/87)—Text 12 PROJECT I.D.NUMBER 617.21 SEQR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) T NAME 1. APPLICANT/SPONSOR 2. PROJEC Joseph Stocken 3. PROJECT LOCATION: 74200. Main Road Municlpallty Greenport County Suffolk 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks, etc.,or provide map) 74200' Main Road, Greenport, New York SCTM 1000-045-06-05 5. IS PROPOSED ACTION: ❑New ®Expansion ❑Modificationlalteration 6. DESCRIBE PROJECT BRIEFLY: Construction Of a 1,500 sq. ft. building to house the existing automobile repair shop. 7. AMOUNT OF LAND AFFECTED: Initially 58,279 sq. ft. x Ultimately 58,279 sq.ft. &4&x 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes [INo If No,describe briefly Need special exception and site plan approval 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? � El Residential El Industrial IE Commercial ❑Agriculture ❑Park/Forest/Open space ❑Other Describe: Mixed commercial and industrial uses. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? ®Yes ❑No If yes, list agency(s)and permit/approvals Site plan approval from Planning Board and building permits from Building Department 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes No if yes, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? N/A ❑Yes ❑No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: a5� Date: qbt Signature I i If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be lade by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10. acres of land? Yes X NO 2. Will there be a major change to any unique or unusual land form on the site? Yes X No 3. Will project alter or have a large effect on an existing body of water? Yes X No 4. Will project have a potentially large impact on groundwater quality? -Yes X No 5. Will project significantly effect drainage flow on adjacent sites? Yes X No 6. Will project affect any threatened or endangered plant or animal.species? Yes X No 7. Will project result in a mayor adverse effect on X air quality? Yes No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas X known to be important to the community? Yes No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical X environmental area by a local agency? Yes No 10. Will project have a major effect on existing or future recreational opportunities? Yes XNo 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? Yes X No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? _Yes XNo 13. Will project have any impact on public health or safety? _Yes XNo 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes XNo period or have a major negative effect on the character of the community or neighborhood? 15. Is there public o t v y- c " rning the project? .ram - _Yes XNo Preparer's Signature- Representing: seph Sckefi 9���.egg ZBA 9/75 Date: QUESTI0=INAIRE TO BE COMP1 '� iJ SUMITTED WMI YOUR APPLICATION FORTIS 'icJ Ti,-," BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any guestic;ns luelow, please be sure to depict these areas on your survey (or certifies: sketch) , to scale, and submit other supporting documenta- tion. - 1. Are there any proposal:: to change or 'alter land contours? MIN No 2.a.) Are there any areas which con ua.in wetland grasses? (Attached is a. list of the wetland grasses defined by Town Code, Ch. 97 for your reference. ) XM No 1)) ire there ,any areas open to a' waterway without bulkhead? XM No 3. Are there existing structures at or below ground level, sur: i as patios, foundations, etc? X'es 4. A.r. there any existing or proposed fences, concrete bar iers , des, etc? Yes X 5. If project is pr: posed for an accessory building or strilc'.-.ure, is tot.rll height- at more than 18 feet above N/A avr gage ground lev - 1? State total: ft. � 6. 1 `. "project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total:. .. 'ft. Yu= NO 7. Are there other premises under your ownership abutting this pzrrcel? If yes, please submit' copy of deed. Y No B. Are tt,ere any building permits pending on this parcel (or abutting land under your ownership, if any) ? Yeim No S ta'..e Permit # and Nature: 9 . Do state whether or not applications are pending concerning these premises before any other- department or agency (State, Town, ' County, Village, etc. ) : 1-11anning Board Site Plan Approval Yes Wk7XX `!.'ou7n Board 1Ekgk No Town Trustees Xetk No County Health Department Y22zk No Village of Greenport, 3F2xac No N.Y.S.D.E.C. Mfim& No Other YkAk No 1.0 . Is premises pending a sale or conveyance? If yes , please submit copy of names or purchasers and conditions of sale. (from contract) Yes Nlac ,ll. - Is new construction; proposed in the area of contours at 5 feet or,; less as exists? Yes xWIM 1:. If new construction is proposed in an area within 75 feet of wetland grasses , or land area, at an eleva- tion of five feet or less above mean sea level , have - you made application to the Town Trustees for an -i�ispection for possible waiver or permit under the N/A requirements of Ch. 97 of the Town Code? y3=XXM 1:3. Please list present use or operations conducted upon the subject property at this time gas station and auto repair avid proposed same, plus grocery store •.. —^ Ple,ase submit photographs for the recc., t. i cexti_fy rat t.he 'ci'ave statements ar:: : true and are being submitted for reli nce e lar f Appeals in .considering my application.' Sigh ture XXX Authorized Agent 1/88 . .. - Standard N.VA.7.t1. ►orte "4-V-J'61 —bargain and Sale D-d.wi,h rorenama against t:ra,,,n,'a.larindnid,ul ur Qnp„atiuu Iringlt tAtet) CONSULT YOYR LAWYER it'"Al SIONINO THIS INSTRUMENT•THIS INSTRUMENT SHOULD EE USED EY LAWYERS ONLY THIS 1NDEN7URE, matte the 29th day of October nineteen hundred and Eighty-FOu BETWEEN CLAUDIO GIOVANNELLI and CAROL GIOVANNELLI, both residing at 3 Middleton Road, Greenport, New York 11944 party of the first part,and M & N AUTO. INC. , a New York Corporation, with its principal place •of business at (no#) West Front Street . Greenport, New .York 11944 party of the second part, W1TNIEESSETH,that the party of the first part, in consideration of ten dollars and other valuable consideratign paid by file party of the second part, does hereby grant and release unto the party of tile second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the ' T )00 S in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a concrete monument set on the southerly line of ►5.00 Main Road ( State Route 25) at the northwesterly corner of land of Robert R. Brown and the northeasterly corner of land now or -1( formerly of Johnson; �y �.00 RUNNING THENCE along the ,soutlierl line o� • 770 54 ' 40" East 200 feet ; y f said Plain Road North JT )5.000 THENCE along other land of Robert R . Brown two courses as follows: 1 ) South 10 20 ' 30" West , 300 feet ; thence 2 ) South 770 54 ' 40" West 200 feet to the said land of Johnson ; THENCE along said land of Johnson North 1 ° 20 ' 30" East 200 feet to the point or place of BEGINNING. BE-ING AND INTENDED to be'' the came premises as conveyed to the parties of the first part by deed dated 3/17/83 the Office and recorded in of the Suffolk County Clerk on Li 3/21/83 iLitter 9330 at Page 210. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHL•'k with the appurtenances and all the estate anti rights of the party of the first part in and t:) said premises; TO HAVE AND TO IIOI.D the premises herein granted unto the party of the Fecond hart, the heirs or success the party of the second part forever. ors and assigns of AND the party of ti,e first part covenants that, the party of the first part has not (lone or suffered anything . whereby the said pretnises have been encumbered in any way whatever. except as aforesaid. AND the party of'lhe first part, in compliance will, Section 13 of the I-ien Law, covenants that the party of tl,e first part will receive the consideration for this conveyance acid will hold the right to receive such consid- eration as a trust fund to be applied first for the Purpose of paying the cost of the improvement and will apply the same first to the payment ot.t},c'cost of the improvement before using any part of the total of the same for any (other purpose. The word "party" shall he construed as if it read "parties" whenever the sense of this indentpre so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the Jay and,year first above written. t 'FRESENCE OF: Claudio Giovannelli Carol kovannelli -7 OATtt Of NEW YORK, COUN1� f Suffolk • s:: STATE OF 16W YORK. COUNTY OF =_ ' On the 29 th clay of Oe tuber 19 84 before me On the des of personally cane Claudio Giovannelli and personally came y 19 , before m- Caro1l Giovannelli ` to my known 10 be the inclividu;Il 9 described in and who to lire known to be the individual described in and-wh ss xecuted the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged tha :t1FV executed the salne. executed the same. 4e- N""��n stmh of w Yak No.4SM746 nualmod in Suffolk County Commission Expims March 30.1980 STATE OF NSW YORK. COUNTY OP SS: STATE Of NEW PORK. COUNTY OF S= ()n the day of 19 , before me On the des of personally came personally camc y 19 , before m> W me known, who, being by tire duly sworn, (lid depose and the subscribing witness to the foregoing instrument, wit; say that Ire resides at No. whom f am personally acquainted, who, beingg by me dui that he is tile' sworn, did depose and say that he resides at No. of that hc'knows • the corporation described in and which executed the foregoing instrument; that he to be the individu-- knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument to said instrument is such corporate seal; that it was so that he, said subscribin witness, was affixed by order of the board of directors*of said corpora- $ he, said w present and sa.- lion, and*that he signed h nanTe thereto by like order. at the same timeesubscribed It same; annan et as witness herew ��rgf�iit uud ��tlr �p��l • WVVII (.:OVF'.NAN-r AGAINS-1- GRAN•rUR"s Acis SECTION 117.F: NO• BLOCK . .:LAUDIO GIOVANNELLI and CAROL GIOVANNELLI LOT r TO COUNTY OR TOWN 1 & N AUTO. -INC Recorded at Request of CHICAGO TITLE INSURANCE COMPANY STANDARD FORM OF NEW YORK 1OAnO OF TITLE UNDERWRITERS Return by Mail to Distributed by HENRY S . SAXTEIN, ESQ. 747 EAST MAIN STREET CHICA[ii0 '1I•ItTt'.•E p, 0. BOX 904 >"tvtsvnwlv(c:m COMPANYRIVEF.HEAD, NEW PORK 11901 • Zip No. • u. ID z 0 x a< U. O u n oc • O w . .y M •'i I, I •,fir • n 1 w w u v N r C 07.65, 323.079.45 2.":776.92 11. ■12 12'"r 725.96' 122.6S7.75 2,tlY6.713.01 MI l2J,J0]y9 3/2.79 323.014.21 2.446.Yb 1.26 17. 366 W'17 r 616.76 171.403.76 2.uV6.1tl9.16 300.7) 7.94 7.a4B.510.92 13. 3u0 12'53 C 5%.06' 321.9V6.61 Z.446,S1a,23 �1 51.i6 72L c96.11 2.111.01.11 H. 131 02'37 I 136.11' 121.6l1..1 1.1IE.I., J SEE SEC NO.040 IS11.OG 372.Eaa.72 1.a4B.a59.a1 I5. ]6!a4 Y7 r ]21.49' 321.699.39 1.Ya6.11,11, N]23,200 MA7CM U NE Z- 5N.29 31.730.41 2..7.932. 16. ]61 79'S7• V1 JI' 121.116.6N 1.16.1a3.19 ' UNION FREE SCHOOL ]17.97 722.566.01, 2.4Y7.921,1 17. S67 51'17 r 393.44' 321.562.11 2.445.750.0] OO' DIST. 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I y y� © COUNTY OF SUFFOLK T0"NOSOUTHQLD Al. 2,� ___ - ' �°° " Real Property Tax Service Agency VILLAGE OF 045 SCALE IN rtr1 County Center DISTRICT NO_1000 14 Riverhead, L. I., New York PROPERTY MAP Doer rl Comdrnm OPE • C®R Y RE ® CARD T� � . ®F SO�TH�L.® R R`� OWNER STREET r VILLAGE DISTRICT SUB. LOT FORMER OWNER N ` J E ACREAGE S W TYPE OF BUILDING - o RES. SEAS. VL. FARM COMM- 32 I IND. I CB. I MISC. LAND IMP. TOTAL DATE REMARKS Re at e Uj 6 G 3 7lffl��1C.C ..�� AGES BUILDING CONDITION L 18/F0 SaLl 4/.2S600. a- 610VAtVNCLL1 /4 V klUp/V" v IV I7S NEW) NORMAL BELOW ABOVE Farm Acre Value Per Acre Value row, ( G VAwF-WLJ �-- t��CD '(:--ZI O Tillable 1 t ( / • � ' 4 , Tillable 2 Tillable, 3 Woodland Swampland Brushland .,: House Plot Total _ 'ice—_.. �--- ,.:. t�■■■■■■■■■■■■■■■����11 t row ie .. L :. ® F..ire..Place r Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3400 Application Dated September 10 , 1985 ( Public Hearing 12/12/85 ) TO: Mr . and Mrs . James Tyler [Appellant (s) ] Mr . Henry Raynor , as agent for the Applicants At a Meeting of the Zoning Board of Appeals held on January 9 , 1986 , the above appeal was considered , and the action indicated below was taken on your [ ] Request for Variance Due to Lac]: of Access to Property New York Town Law, Section 280—a [ X) Request for Special Exception under the Zoning Ordinance Article VII , Section 100-70 (B ) [41 [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for Application of JAMES AND MARY TYLER , 625 Marratooka Road, Mattituck , NY for a Special Exception to t e Zoning Ordinance , Article VII , Section 100-70 ( B ) [4] for permission to establish and build public garage at premises known as 6795 Main Road , Laurel , NY ; Mattituck Holding Co . Minor Subdivision Lot #3 ; County Tax Map District 1000 , Section 125 , Block 1 , Lot 19 . 6 . WHEREAS , a public hearing was held and concluded on December 12 , 1985 , concerning the Matter of the Application of JAMES AND MARY TYLER under Application No . 3400; and WHEREAS , the board has considered all testimony and documentation entered into the record concerning this application , and it is noted that no public opposition has been received ; and WHEREAS , the board members have personally viewed and are familiar with the premises in question as well as its surrounding area , and WHEREAS , the board made the following findings of fact : 1 . _The property in question is situated along the north side of the Main Road (State Route 25 ) , Laurel ; is known and referred to as Lot #3 , Mattituck Holding Co . Minor Subdivision #274 , is located in the ".B- 1 " General Business Zoning District , and is identified on the Suffolk County Tax Maps as District 1000 , Section 125 , Block 1 , Lot 19 . 6 . 2 . The premises is presently unimproved and consists of an area of 52 , 530 sq . ft . with 133 ' frontage ( lot width ) along the Main Road . 3. By this application , appellants request a Special Exception pursuant to the requirements of Article VII , Section 100-70 ( B ) [41 to construct and operate a public garage for repair of motor vehicles . 4 . Submitted for consideration is a site plan as amended September 10 , 1985 , prepared by Roderick VanTuyl , P . C . showing a proposed 75 ' by 48 ' garage structure set back : (a ) 185 ' from the front property line , ( b ) a minimum of 25 feet from -the westerly . side property line , (c ) 35 ' from the east side property line , (d ) approximately 130 feet from the rear property line . DATED: January 16 , 1986 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Perm 7,I34 (rev. 12/81 ) EXHIBIT /+ . Page 2- - Appeal No . 3400 Matter of JAMES AND MARY TYLER Decision Rendered January 9 , 1986 5 . For the record it is noted that site plan review has of this date not been finalized with the Planning Board in accordance with the requirements of Article XIII , although the Planning Board has recommended its approval . 6 . It is further noted for the record that a Waiver under the provisions of Local Law #14- 1985 (Article XVI , Section 100- 160 ) was granted by the Southold Town Board at a Regular Meeting held November 7 , 1985 , deeming this proposed use to be consistent with the uses in the " B- l " District as proposed under the pending Master Plan Update Zoning Code revisions . In considering this application , the board has : (a ) considered items [a] through [1 ] of the zoning code ; (b ) determined the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts ; ( c ) determined the safety , health , welfare , comfort , convenience , and order of the town will not be adversely affected by ,the proposed use and its location ; (d ) determined that the use is in harmony with and will promote the general purposes and intent of zoning since this is a use permitted by legislative action and will meet the requirements of the zoning regulations , subject to site plan approval by the Planning Board . Accordingly , on motion by Mr . Goehringer , seconded by Mr . Doyen , it was RESOLVED , to GRANT a Special Exception for permission to establish a public garage for, repair of motor vehicles as applied in the Matter of the Application of JAMES AND MARY TYLER under Appeal No . 3400 , AND SUBJECT TO THE FOLLOWING CONDITIONS : 1 . No major repair work to be done out in the open ; 2 . No automobiles , automobile parts , dismantled or damaged vehicles ,- and similar articles , shall be stored out in the ' open . All vehicles to be serviced must be stored in the rearyard area or within the building , and the rearyard area to be used for such temporary storage must be properly screened with a six- foot stockade fenced ; 3 . The parking areas shall be as designated by the Planning Board and shall be laid out as to avoid the necessity of any vehicle backing out onto the street and shall be located not less than 10 feet from any property line . 4 . No sales of gasoline , fuel , or flammable oils are permitted , 5 . No motor vehicle sales are permitted ; 6 . Vehicle lifts or pits , dismantled vehicles , other- than such minor servicing such as changing tires , shall be conducted within the biui 1 di ng ; Vehicle, entrance/exit doors shall be located at the rear of th building . 8 . In the event it is found that the subject premises are being used in a .manner other than that permitted by this approval or the zoning ordinance , or are in violation of these conditions or the zoning ordinance , the Board of Appeals may automatically terminate the relief granted hereunder ; 9 . This matter be referred to the Suffolk County Planning Page 3 - Appeal No . 3400 Matter of JAMES AND MARY TYLER Decision Rendered January 9 , 1986 Commission pursuant to Sections 1323 , et seq . of the Suffolk County Charter ; 10 . Site plan approval ( including parking ) by the Southold Town Planning Board , and any and all applicable rules and regulations and agency approvals pertaining to this project . Vote of the Board : Ayes : Messrs . Goehringer , Doyen and Douglass . (Members Sawicki and Grigonis were absent . ) This resolution was duly adopted . 1k GERARD P . GOFHRINGER , CH1 RMAN' January 17 , 1986