Loading...
HomeMy WebLinkAbout3560 v CO,UNTYtOF SIdFF"K. PETER F.COHALAN SUFFOLK COUNTY EXECUTIVE"� DEPARTMENT OF PLANNING 360-5206 / LEE E.KOPPELMAN / (���.y.� DIRECTOR OF PLANNING �( November 3, 1986 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, 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) Mrs. Margaret Best 3551 JEdmund & Joan Pressler 3560 Very truly yours, Lee E. Koppelman Director,of Planning S/s Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE.L.I.,NEW YORK 1 1788 (516)360-5192 ��FFo�c �4 z are Southold Towa D®ard 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. ROBERT J. DOUGLASS JOSEPH H. SAWICKI October 27 , 1986 Gary Flanner Olsen , Esq . Main Road , Box 706 Cutchogue , NY 11935 Re : Appeal No . 3560 - Edmund and Joan Pressler (Variance ) Dear Gary: Enclosed please find a copy of the official findings and determination recently rendered by the Board of Appeals and filed . this date with the Office of the Town Clerk concerning your application . In the event your application has been approved , please be sure to return to the Building Department for their authoriza- tion of any new construction , . or for other written documents as may be applicable . If you have any questions , please do not hesitate to call either our office (765-1809 ) or that of the building inspector (765-1802 ) . Yours very truly , GERARD P . GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary Enclosure Copy of Decision to : Building Department Planning Board Suffolk County Planning Commission �o�UFFot��oG ,? SoutholdwnTohoard 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. 3560 Application 'Dated September 18 , . 1986 TO: Gary Flanner O1sen ,' Esq . as [Appellant (s) ] Attorney for 'EDMUND AND, JOAN .PRESSL.ER Main Road , Box Cutchogue , NY 11935 At a. Meeting of the Zoning Board of Appeals held on '. October 22, 1986 the above appeal was considered, and the action. indicated below .was taken on your [ ] Request for Variance Due to Lack of Access to Property- - New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article. VII Sections100-70 (A) [1 ] , 100-71 [ ] Request for - Application of 'EDMUND AND JOAN PRESSLER, Appealing Building Inspector Notice . of. Disapproval dated 1 /2/86 and ZBA Action #3463 dated 5/6/86 , and Variance to the Zoning Ordinance , Article VII , Section 100-71 , Bulk Schedule, and Article VII , Section 100-70 (A) [1 ] (d) for permission to establish a second retail /business use in conjunction with existing nonconforming two-family .dwelling and antique-sales business use on this parcel of 68 ,912 sq . ft. in area and 95. 44 ft . lot width . Location of Property : "B-1 " General Business Zoning District , North Side of Main Road , Southold ,-. NY; County Tax Map Parcel_ No . 1000-63-3-26 . WHEREAS , a public hearing was held and concluded on October 2 , 1986 in the Matter_ of the Application of EDMUND AND JOAN PRESSLER under Appeal No . 3560 ; 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 , appellants request a Variance from Article VII , Section _ 100-71 , Bulk Schedule , and Section 100-.70 (A)- [1 ] (d ) for permission to utilize . premises as . a continuing nonconforming two-family dwelling , one retail store-use (antique sales ) , and a newly proposed barber shop , all within building .as existing in this "B-l " General Business Zoning District . 2 . The premises in •question is situate along the north side of the Main Road commencing at a point 329 . 70 feet east of Boisseau, Avenue , with 95 .44 ft. frontage and average depth of 737 .87 feet , and contains an acreage . of 1 . 582. 3 . The subject premises is -improved with a two-story framed structure set back 31. feet from its front property line along the Main Road , 15 feet from the west side line , 16 feet from the .east (CONTINUED ON PAGE TWO ) DATED: October 27 , 1986. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No .- 3560 Matter of EDMUNAD AND JOAN PRESSLER Decision Rendered October 22 , 1986 side line . The swimmingpool and fence enclosure which previously existed in the rear yard have been removed from the premises and . the area is now slated for additional parking . 4. "Store #1 " is occupied as an antique-sales business containing a floor area of 1 ,247 sq . ft . "Store #2" is proposed for rental as a barber shop , and would contain 630 sq . ft. in floor area . Both stores are on the first floor . 5. For the record , the existing westerly second-floor apartment contains 630 sq . ft. and the easterly second-floor apartment contains 1 ,084 sq.. ft. 6 . It is further noted that Certificate of Occupancy #Z-4897 was issued November 7 , 1972 , which indiates that the use as a nonconforming two-family dwelling , with accessory doctor ' s office conforms to all the applicable provisions of law. It is the understanding of this board that the doctor ' s. office was a home occupation use , accessory to the doctor-owner ' s principal resi - dental use of one of the dwelling units , and not a separate principal business use . 7 . Prior actions were taken by the Board of Appeals. as follows : (a ) under Appeal No . 1415_ on April 15 , 1971 in the name of Genevieve Albertson for . a.. set-off of this. lot from an adjoining lot with `existing dwellings with insufficient frontage (lot width ) along the Main Road , _ (b) under Appeal No . 34-3 on April 16 , 1986 granting permission to establish the subject "antique-sales" shop (retail store ) in conjunction with. existing nonconforming two-family use , with conditions ., In considering this appeal , the board finds and determines that in allowing a small -scale barber shop with a floor area not . to excess 630 sq . ft . : (a ) the use will be consistent with ' and will promote the general purposes of the zoning code , zoning maps , and Master Plan amendments .as proposed; (b ) the circum- stances are Iunique ; (c ) the use will, not prevent the orderly.:;` and reasonable use of this district or adjacent use districts' (d) the use will not prevent the orderly and reasonable use of this district or adjacent use districts ;_ (e ) the safety , health , welfare , comfort , convenience and order of the town will not be adverse-l-y affected ; (f) the interests of -justice will be served by allowing the variance., as conditionally noted below. . Accordingly , on motion by Mr . Sawicki , seconded by. Mr . Douglass , it. was RESOLVED , that the relief requested under Appeal No. 3560 to a.dd a barber-shop use not to exceed a floor area of 630 sq . ft . as applied in the Matter of EDMUND . AND JOAN PRESSLER BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS : l .' Parking for this additional use as required and approved by the Southold Town Planning Board ; 2. No parking in front (south ) yard area . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , .Doyen , Douglass and Sawicki . This resolution was duly adopted. lk ER RD P. GO H NGER, IRMfIN A October .27 , 1986 i 0 Gy 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. ROBERT J. DOUGLASS JOSEPH H. SAWICKI 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 : xx Variance from the Zoning Code , Article VII, Section100-70 (A) (1) 10,0-71 Variance from Determination of Southold Town Building Inspector Special Exception , Article Section Special Permit Appeal No . : 3560 Applicant . Edmund and Joan Pressler Location of Affected. Land : N/s Main Rd. , Southold, NY County Tax Map Item No . : 1000- 63-3-26 Within 500 feet of : Town or Village Boundary Line Body of Water (Bay , Sound or Estuary ) 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 Arta seta-il bus';ess use in conjunction with existing i nn r,,.,,.,,,,��r,, ; „n +-�.,1,..,.fara ,- J J dwelling. Copies of Town file and related documents enclosed for your review. Dated : October 30 , 1986 Secretary , Board of Appeals z T Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., .N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS October 2 , 1986 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. S.E.Q.R.A. ROBERT J. DOUGLASS JOSEPH H. SAWICKI NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3560 PROJECT NAME: EDMNNDAND JOAN PRESSLkR -- 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 signifi- cant adverse e-ffect. 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 [ ] DESCRIPTION OF ACTION: Appeal from Notice of Disapproval of .Bui 1 di ng Inspector dated 1/2/86 and ZBA Action #3463 dated 5/6/86, and _Variance to establish second retail/business use in conjunction with existing nonconforming two-family * LOCATION OF PROJECT: Town of Southold, County of,.Suffolk, more particularly known as: 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) . This application is not related to new construction and concerns occupancy of an existing structure . tidal (3 ) The subject premises is, not located wif U.n 300 feet of 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. *dwelling and antique sales business uses on this parcel of 69,912 sq. ft. in area and 95.44 ft. lot width. f F, � Southold Town Board of Appeals . . MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS October 2 , 1986 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. S.E.Q.R.A. ROBERT J. DOUGLASS JOSEPH H. SAWICKI NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3560 PROJECT NAME: EDMUND AND JOAN PRESSLER - — 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 signifi- 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 [ ] DESCRIPTION OF ACTION: Appeal from Notice of Disapproval of -Building Inspector dated 1/2/86 and ZBA Action #3463 dated 5/6/86, and .Variance .to establish second retail/business use in conjunction with existing nonconforming two-family * LOCATION OF PROJECT: Town of Southold, County of..Suffolk, more particularly known as: 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) This application is not related to new construction and concerns occupancy of an existing structure . tidal (3 ) The subject premises is not located within 300 feet of 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. *dwelling and antique sales business uses on this parcel of 69,912 sq. ft. in area and 95.44 ft. lot width. 5 OUTHOLD TOWN BOARD OF APE :,S MATTER OF EDMUND AND JOAN PRESSLER THURSDAY, OCTOBER 2, 1986 PUBLIC HEARING 11 : 03 p.m. Appeal No. 3560 - Public Hearing commenced in the Matter of EDMUND AND JOAN PRESSLER. Appeal from Notice of Dis- approval of Building Inspector dated 1/2 /86 and ZBA' Action #3463 dated 5/6/86, and Variance to establish second retail-business use in conjunction with existing nonconforming two-family dwelling and antique sales business uses on this parcel of 68, 912 square feet and 95.44 feet lot width. "B-1" General Business Zone. Nis Main Road, Southold.' The Chairman read the legal notice and application for the record. CHAIRMAN GOEHRINGER: I have before me a survey from August 31, 1981, Roderick Van Talp, P.C. , indicating the house and parking area. as it presently exists. And I have a copy of a Suffolk County Tax Map indicating this and surrounding properties in the area. You're on. MR. OLSEN: May it please the Board, Mr. Lessard. My name is Gary Olsen. I'm the attorney for the applicant, Mr. and Mrs. Pressler. The reason we're before the Board is that the proper- ty in question, since we were before the Board at the last 'meet- ing at which time you granted a variance for two apartments and one business use, a lot has happened. And I think if you look at the property, you can see what's been done. Mr. and Mrs. Pressler have greatly improved both the interior and the exterior appearance of the property. What could have been construed as an eyesore in the past, is now (I think) a true asset to the community. The plantings are beautiful and they have done a lot as far as the parking is concerned. They have been able to create on this piece of property a driveway to get to the back part of the property which has plently of room for parking, for ingress. And they've also been able to create on the west side of the existing struc- ture, a driveway for egress to get out of the parking area onto the Main Road. To some extent , I'm not sure why I 'm before the Board with what we want to do. I think there might have been some confusion at the last meeting because of the interpretation of the code by the former assistant Building Inspector. This property is zoned business. What we are asking the Board tonight is to permit us to have 2 business uses. Presently this is con- sidered in a B-1 zone, to be quoted; a shopping center. Although in the normal colloquial sense of the word, shopping center, it' s anything but a shopping center. Mr. and Mrs. Pressley are using part of the downstairs portion of their building for an antique shop. What we would like to do is to have a separate business unit on the west side on the ground floor level for another busi- ness use and they have been approached by Fred Warren of Warren' s Haircutters in Southold who would like to come in and re-establish his business in their building. And when Mr. and Mrs. Pressley went to the Building Inspector, he indicated that we have to come back before the Board to get you to lift your condition saying 1986 -,Page 2 - October f2Edmund and Joan Pressler public Hear gBoard of Appeals Southold Town MR. OLSEN (Continued) : Now as I say► this is have one business use • center, we must / that we can only a definition of a shopping We have 1 .5 plus zoned B-1- And as one acre. acre and we have more than parking. There is no rea- have 1 plenty of room only one business use acres. There is P limit this B-1 to The reason that son for the Board to a matter of law. former opinion. I think it' s the op of in my p limiting the one b6in15sthat it°sn you inion you gave foreal number 34 s as decision under ape creation of the extra of. it bofs the szoning within the sP pattern in the Board that the not be the land use P ermits that' s proposedr atible with not comp Now, the ordinance p ordinance and is the tow than one acre which we do- this area or within as we have more thtoo have a second bus' us to do it as long unity is con- us that we need a variana of the Comm I don t far as the pattern Of the ordinance be- use. Now as it' s in the spirit ness code permits business uses cerned, first of all; The zoning the pattern of the Com- Cause it' s zoned B-1• As far as memory as piece of property• III to refresh my this on this P there tonighta�ross the street from I went down cars that they munityr Directly lots for to what' s in the area. Directly to the east on building is Mullen Motors wand So on. area called and a showroom a little shopping , are selling Shop with children s the south side of the Main Road is a fabric shop called Fabrics There Colonial Corners whiththereaiss Middlemayls a beauty shop- Behind that that• clothes. the same building a cleaners next to To the east of that in There is on the street on the front side, all on one is a shoe store nfoodtstoretand That' s There' s a health and a video shop• to :,the west." - there ' s a doll shop of the street_ Then east side, On our Side side Market. piece piece of property, we have Way And in conjunction with that p of us on the corner stature. which has, which is where of that is Thompson store• a health center, there is another building which now houses the of property, are by the way, Mr. and Mrs. Pressler office for a buildnhe by a guess) and optician and of that. piece of property to the east of offices (I g Just east arcel• Directly from Mr• and name of Moriz°•Then there s our P And I understand Board vacant house. es house• fact written to the Albertson has in want to do. Di- us, there s Mr. Albertson that Mr- object to what they Mr. Pressler, another store or bugealty► indicatiness ing that he has nO Albertson is Albertson' rectlY to the east of h the follow' that is) a financial of property that houses addition to piece (I'm not quite sure what And in addition proper Seaman' s Graphics, that Piece Equitable Financial S u look• at rt imagine that service called Boat Works• Now if you I don that, Seaman' s that are oc know the property. You there' s 4 business uses And if Y Can afford. We have tYr , before the Board• that we Just east they ve been the p requirements• another cant argue that there' s to meet the code tyr there s h parking that piece of proper ur oses• I more than enoug P of that is a florist and on units that Is ever come before has separate rentaltuationfor business P building that know of any situation don't think that I f Page 3 - - October 2, 19 Public Hearing of Edmund and Joan Pressley Southold Town Board of Appeals MR. OLSEN :-(Continued) : the Southold Town Zoning Board that has required anybody to come before the Board that has B-1 property to ask for more than one business use other than this one. And I think it is because of a misinterpretation of the code at the time. We've been noncon- forming and the Board has granted the 2 apartment use. And as I say, I really don't know why we're here and I don't that that the Board has ever requested it before. As far as the area of the antique operation of our building, it contains 12, 047 square feet. And the area that would be a separate business use, would hope- fully be for Fred Warren' s shop, contains 644 square feet. A total of 18, 091. In doing the mathematics according to the bulk schedule, we need 19 spots for the parking for the 2 business uses and 2 spots for each of the apartment uses for a total of 23. We have more than enough room. As a matter of fact, I think we. . . . Do you have the 23 spots now? MR. PRESSLER: 22. MR. OLSEN: There' s 22 parking spots now. There' s handicap ramps. The other thing I'd like to bring to the Board' s attention is that Mr. and Mrs. Pressler did submit their appliance for the 2 business uses to the Building Department. He made hi's renovations. He put in his ramps and put his parking and so on in. And you have in your file a certificate of occupancy that was granted to him and it does show the 2 separate uses. One other thing. Just looking where Mr. Warren is now for the haircutting business', he is in the East End Insurance building which has 2 business uses. , We have the in- surance business use in the front. That' s a relatively brand new building. Certainly since the code has been in effect. And in the rear portion, we have Mr. Warren and there isn' t near the park- ing that Mr. and Mrs. Pressler can afford. I don't think there ' s any purpose in denying us the use. As a matter of fact, I don't think you can deny it. I think we have it as a matter of the law and I don't think we should be before the Board on this particular issue. . Also I may state that the Planning Board did grant site plan approval on that project with the 2 business uses. So I re- spectfully request that you permit to us the separate west side portion of the building downstairs for a separate business use. CHAIRMAN GOEHRINGER: Thank you very much Mr. Olsen. I was just going to ask the square footage but I noticed he put it in here. 630 square feet. MR. PRESSLER: There are 2 ways of looking at it, 644 and 630 . When I did the parking layout, I based it on 644. MR'. OLSEN: The pertinent section of the zoning code if you're -wondering, is section 100-62 ,subparagraph B. The main topic is called retail shopping centers. The lot area shall not be less than 1 acre and shall not have a width of less than 150 feet but this is a pre-existing building on a pre-existing parcel. October 2� 1986 pressler page of Edmund and. Joan Hearing Appeals Public of Southold Town Boardwould anybody else who No comment° Is there from Board mem- ainst? Questions closing the CHAIN GOEHRIIQGER= Anyone. ag I� 11 make a motion like to speak in favor• uestions, bers? Hearing no furtaecision until later. hearing and reserving All in favor - aye. recorded during the hearing• Teanscribed from cassette tapes BY Na is Moore lo/21/86 e FDA P SOU H YLD Yy S �� F�L Southold, N.Y. 11971 (516) 765-1938 March 5, 1986 Mr. Ed Pressler Grove Drive Southold, NY 11971 Re: Site Plan for Ed. Pressler Dear Mr. Pressler: The following action was taken by the Southold Town Planning Board, Monday, March 3 , 1986. RESOLVED that the Southold Town Planning Board refer the following comments to the Board of Appeals regarding the application ofaPre_,ss]_e located at Main Road, Southold.. The Planning Board reviewed the proposal to utilize the above mentioned premises as a continuing noncoforming two family dwelling with retail and/or office use, and it was noted that the Board had no objections to the proposal. The applicant has complied with all requests of the Board, and the arking is suitable for the uses propos= ed,. If you have any questions, please don' t hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI JR. CHAIRMAAi SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary ZccBoard of Appeals . - N.>f�2• tea, . � • r JT'�..a, y n m� i tip /V IT �[? tacir a£hwrsx (� ton., tun ^r+"Ysslr! 4 is. Vora � etS � Lw Of th, � r� 4 CWrin�cf tE:„-ru to Xa,i�t,Y - °t,,CO^ ruarr;n�, tEry cn1Y t.th. ,en}ar cOR f, 1 title'acs;£t..R: eta ha: thn sua V td*.d,r.�n�n�:tEon li r�nYLL16s$p � tanC:n�irr>siv_ to z:%I tipnit insttiont er tsuLsausnt I / `y ' .ALE-501-_111 1 0,12 N PIPE _ A`�-EA- 1.582 ACQ-'ES !� T,rL E NO,6136-273 266 , r:AY MAPo, '0a)-063-3-26, N ;: JN`T OUsL.S �F GP•i `OL3P4`r-,, MAP) SEPT. 6, 1985'i r j mw P.4R9dv#5 4RC, , Ow 4Jt*SS AiT tot D R I v6 WAY TO TH F_: `Ck-O 'r T"L E i NSU r Arlo-J. C:�, NC,C5uOl.TWOLD 5AVING5 HAN4 ALIC . 3 i �tyal I ilk •,r � , i F OF NE;q,Y / � 1� Misr+-+— —'��— �Q�CK V. ti O�� �Z.20 C S 256ry�� LA 5 ` l 47 ° Pr ��-r-OAN4 t Gw> rZ 0 r1'.tel col ( .�;f i .r�t0 0 m 1 I r � Z . Al i Efnzuthe,iz-A alteration or&L°&din„'t£,a ;. to this Survev iG o Ablation of r .oCoiloi9 I20^r`s•thn Pd�i<d York r .�`*. Ectu.eYion irw. nip ZJ / rt(I Ca!i r t .vurwc+f r<-•a rictT��rirtp t 4 .i1;.i/:r d eur eyor'c in%ct 2-Td cr ,mboq&zd arnl ehnnU not bo costrdc1,W.to bo n valid trun Copy. V J Guarantee. in�ic.,,arse hM;con chcii rusj GMY zo tha Aar-on for whom tho 3w mj j. . /� is prepared,and on his brhalf to thy+ i tit;r,com on n y,Gov^rnm,ontr:!ag.^.ra:y rr><d t landmtj!institution listed hareon mid • ` 1` to the assipass a`the isndirg inP2i- f tution:Guaranfaas arc net dratts;srobi5 f to ac',itional institutions or su,s.quant f f' -3 k1*�.-.5 t` N PIPE , 1 ;- �4i f • . . ` l=i Q � . .. � ate. rn >Q` ;%, �� �r�'� 'rG l i: .:� Er ,t ; "fit ! d ` tC �i`? E , t { . !•, ,` T AF3a �U$c V 4 OFN . • . �.,�'�f� ..a ��� •�,,.• .:� ram._._ ceaKvrb ,�2 IZ �sF <s 25 (,E �tAND SJ NOTICE OF:HEARINGS NOTICE IS HEREBY GIVEN„ pursuant to Section 267 of theTown Law.arid the Code of the Town of Southold, the following public hearings Will beheld by'the SOUTHOLD County Tax Maps as District wetlands/tidal water along •i (Current Owners: S. and J. TOWN BOARD OF AP- 1000, Section 53,•Block 4,Lot 'Great Peconic Bay;(2)Ili,Sec- I Catapano). PEALS at the:Southold Town- .32• tion 100-32-to relocate accessory i /'845 p.m. Appeal No. 'Hall, Main Road, -Southold, 7:55 p.m. Appeal No. garage building in the frontyard ; 3560-EDMUND AND JOAN NY at a Regular.Meeting com- 3503-GEORGE D. DAMIEN; area; (3) I11, Section .100-31, PRESSLER. Appeal from mencing at 7:30 p.m. .on Variance requesting confirma- Bulk Schedule, to .construct 'Building Inspector-Notice of THURSDAY, OCTOBER 2, tion of Building'Inspector's ac- with lot coverage of all struc- it .Disapproval dated 1/2l86:and 1986 and.as follows: tions and,prior Z.B.A.Decision tures in excess of maximum- ZBA Action No. 3463 dated j 7:35 ,p.m. Appeal No. Rendered underAppealNo.'949 permitted 20"percent. Location .11`5/6/86, and Variance to the I 3559-LEONARDUS AND of 9/l/66, recognizing two of Property: South Side of Zoning Ordinance,Article VII, MARIE . VANOUDEN- separate building lots, having Camp Mineola Road, Mat-, Section 100-71, Bulk Schedule ALLEN. Variance to.the.Zon_ insufficient area, :width and tituck;CountyTax Map District'�';� and ::Article VII, :Section ing Ordinance,Article III,Sec- depth as required by Article III, 1000.,Section 123.,Block 6,Lot I00-70(A)[1 j(d) for permission ,'• tion 160=31 for permission to Section 100-31;Bulk Scheduling 27. to establish a second i, construct addition to dwelling of Zoning Code. Location of 8:15 . p.m. Appeal No. !q retail/business use,in,conjunc- with.an-insufficient frontyard Property:Corners of-Jackson, 3557-RO'BERT EGAN. tion-with existing nonconform- setback' at 230 Sailor's Lane, Fifth :and Main Streets,.New Variances to the Zoning Or- ing -two4amily dwelling and Cutchogue,N.Y.;.District 1000, Suffolk,NY;County Tax Map dinance,-Articles(1)III,Section antique-sales -business -use on Section 111, Block 14,-Lot 07. District.l000,Section 17,Block 100-31 to reconstruct dwelling this parcel of-68,912 sq. ft. in 7:40 p.m. Appeal No. 9,'Lot 12. with insufficient total sideyards, area:and 95.44 ft. lot width. 3555-SHIRLEY 'HOMAN. '8:00 .p.m. Appeal No. insufficient.(northwesterly)side Location of Property: '>B-1" .Variance `to the Zoning Or- 3484-PHILIP AND ELLEN yard, .and insufficient front -General Business Zoning dinance, Article 111, Section "BELLOMO. Variance to the yard; (2) XI, Section District, North Side of Main 100-31 for permission to con- Zoning Ordinance,:Article.XI, 100-119.2(B) for permission to ! Road, Southold, NY; County struct addition to dwelling with Section 100-119.2(C) .for per- construct addition and '� Tax Map Parcel - No. an insufficient,rearyard setback, mission to construct ad reconstruct dwelling within.75 I'000-63-3,26. at 160 Smith,Drive, Peconic, rear of dwelling with an insuf- feet of tidal wetlands along The :Board of Appeals will NY; District 1000,;Section 98, ficient.setback 'from wetlands Spring Pond, -Orient Harbor. hear at said time and place all Block 3, Lot 38. along Great Pond, at 7455 Location:of Property:330 Knoll persons or representatives desir- 7:45 p.m. Appeal No. Soundview Avenue, Southold, Circle,East Marion,NY;"Map ing to be.heard in-each of the 3554-NORMAN AND KAREN NY; County Tax Map District of Section Two,Gardiners Bay above hearings. Written com- REICH.Variance to the Zoning 1000, Section 59, Block 6, Lot Estates," Subdivision'Lots 27 ments may also be.submitted, Ordinance,Article III, Section 8• and part of 28; County Tax prior to the conclusion of the' 100-31 for permission to con- 805 , p.m. Appeal No. Map District 1000, Section 37, subject hearing.For more infor- struct dwelling with an insuffi- 3552-JOHNSENKO.Variance Block 5, Lot 12. mation,.please call 765-1809.'�0 .cient rear yard setback;of 1809 to the Zoning Ordinance,Arti- 8:25 p.m. Appl. No. Dated: September 11, 1986. 12 ht>�f Way::off IIie,East Side cle VII,Section 100-70,and Ar 3487-SE-CHURCH. OF THE BY ORDER OF THE of Easy` l le�YF, OPEN DOOR. Special excep- , :SOUTHOLD TOWN gec_ per mt�s��tt-1 t to tsK°sliQpp tion to the Zoning:Ordinance, -BOARD OF APPEALS ' 4 � i use-itt`1ht§''.`$-i" Article III:Section 100-30 B 2 GERARD P.GOEHRINGER, tiotft, ;' f Lot lt);, cegi. ( )[ l . Kimon and Retzos Minor Sub- General Business .Zoning for permission to construct CHAIRMAN division No. 81, Lot No. 2. District with insufficient lot area establish :House" of Worship Linda Kowalski, 7:50 p.m. Appeal No. at 49295 Main Road (a/k/a with related religious activities Board Secretary 3547-JOSEPH AND Ackerly Pond Lane),Southold, on a five-acre tract of land IT-9/25/86(16) CATHE'RINE RIEMER. NY; County Tax Map District referred to as Lot No.3,Minor Variance;to the .Zoning Or- 1000,Section70,Block 07,Lot Subdivision of Salvatore dinance, Article III, Section -01, containing 30,084± sq. ft'. Catapano, which .received 100-31,,.Bulk Schedule for ap- 8:10 p.m.' Appeal No. Sketch-Plan Approval4/14/86 proval of insufficient lot area, 3.553-EUGENE BOZZO. by the Town Planning Board. width and depth of two parcels Variances to the Zoning Or- Location of Property: West known and referred to as Lots dinance, Articles:-(I) XI, Sec- Side of Main Bayview Road, No.96,97,98,and half of 99.at tion 100-119.2 for permission to Southold, NY; County Tax Peconic Bay Estates, Map No. construct.dwelling with:an in- Map'District,1000, Section 69, 1.124, and identified on the "sufficient setback from Block 6,-Part of Lots.8 and 2. t_vLJNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for . . . . . . . . . . . . . . . . . . . . . . . . . . weeks successively, commencing on the . . . . . . . . . . . . . . . . . day . . . . . . . . . . . . . ., 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sworn to before me this . . . . . . . . . . . . . day of . . . . . . . . . . . 19 . �6. . . . . . . . . . . . . . Notary Public BARBARA FORBES Notary Public, State of New York No. 4806846 Qualified in Suffolk County Commission Expires'! 19"d, NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN , pursuant to Section 267 of the Town Law and the Code of the Town of Southold , the following public hearings will be held by the S'OUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall , Main Road , ,Southold , NY at a Regular Meeting commencing at 7 : 30 :p .m. on. .T:H.URSDAY ; O.CTO.BER '2 ; 7986 and as follows.: - 7 : 35 p .m. Appeal No . 3559. = L:EONARDUS AND 'MARIE. 'VANOUDEN- ALLEN. Variance to- the- Zoning. Or..din-ance ,: Article III, Section 100-31 for permission to cons-truct addition to -dwel l i:n'g with an insufficient frontyard setback,. 'at .230 Sailor ' s. Larne , Cutchogue , NY ; Di stri-ct 1000,. Section, l l 1 ,. 131 ock. .1-4 , Lot 07 . 7 :40 .p .m. Appeal No . 3555. = '.SHIRLEY HOMAN . Variance to the Zoning Ordinance Article III , Section-- 100�31 for permission to construct addition to dwelling with an insufficient rearyard setback , at 160 Smith Drive , -Peconic , NY; District. 1000 , Section 98 , Block 3 , Lot 38 . -- 7 :45 p .-m. App-e-a1 -=No . _35:54 N-OR-MAN"AND KAREN REICH . Variance to the Zoning Ordinance , Article III , Section 100-31 for permission to construct dwelling with an insufficient rear- yard setback , at 1809 Right-of-Way off the East Side of Rocky Point Road , East Marion , NY; District 1000 , Section 31 , Block 3 , Part of Lot 10 ; Kimon and Retzos Minor Subdivision #81 , Lot #2 . 7 : 50 p .m. Appeal No . 3547 - JOSEPH AND CATHERINE RIEMER. Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule for approval of insufficient lot. area , width and depth of two parcels knowh -. dnd referred to as Lots #96 , 97 , 98 and half of 99 at Peconic Bay Estates , Map #1124 , and identified on the County Tax Maps as District 1000 , Section 53 , Block 4 , Lot 32 . 7 : 55 p .m. Appeal No . 3503 - GEORGE D. DAMIEN. Variance requesting confirmation of Building Inspector ' s actions and prior Z. B.A. Decision Rendered under Appeal No . 949 of 9/l /66 , recognizing two separate building lots , having insufficient area , width and depth as required by Article III , Section 100-31 , Bulk Schedulg of the Zoning Code . Location of Property : N Corners of Jackson , Fifth and Main Streets , New Suffolk , NY ; County Tax Map District 1000 , Section 17 , Block 9 , Lot 12 . ¢ N O ��ivi T . n — c- zz 0 0 a: Ej I­ Z 0 Z 2 Z ' - O N 1 ' Page 2 - Notice of Hearings -- -- Regular Meeting - October 2 , 1986 Southold Town Board of Appeals 8 :00 p .m. Appeal No . 3484 - PHILIP AND ELLEN BELLOMO . Variance to the Zoning Ordinance , Article XI , Section 100-119. 2 (C) for permission to construct addition at rear of dwelling with an insufficient setback from wetlands along Great Pond , at 7455 Soundview Avenue , Southold , 'NY ; County- Tax Map District 1000 , Section 59 , Block 6 , Lot- 8 : 8: 05 p .m. Appeal No . 3552 = JOHN S.ENKO . Variance to the Zoning Ordinance , Article VII , Section 100-70 , and Article VI , Section 100-62 (B ) , for permission to establish shopping center use in this " B-l " General Business Zoning District with insufficient lot area at 49295 Main Road (a/k/a Ackerly Pond Lane ) , Southold , NY ; County Tax Map District 1000 , Section 70 , Block 07 , Lot 01 , containing 30 ,084± sq . ft . 8 : 10 p .m. Appeal No . 3553 - EUGENE BOZZO . Variances - to the Zoning Ordinance , Articles : (1 ) XI , Section 100-119. 2 for permission to construct dwelling with an insufficient setback from wetlands/tidal water along Great Peconic Bay ; (2 ) III , Section 100-32 to relocate accessory garage building in the frontyard area ; (3 ) III , Section 100-31 ; Bulk Schedule , to construct with lot coverage of all structures - in excess of maximum-permitted 20 percent. - Location of Property : South Side of Camp Mineola Road , Mattituck ; County Tax Map District 1000 , Section 123 , - Block 6 , Lot 27 . 8 : 15 p .m. Appeal No . 3557 - ROBERT EGAN . Variances to the Zoning Ordinance ; Articles : ( 1 ) III , Section 100-31 to reconstruct dwelling with insufficient total sideyards , insufficient (northwesterly ) side yard , and insufficient front -yard ; (2 ) XI , Section 100-119. 2 (B ) for permission to construct addition and reconstruct dwelling within 75 feet of tidal wetlands along Spring Pond , - Orient Harbor . Location of Property : ' 330 Knoll Circle , East Marion , NY; "Map of Section Two ; Gardiners Bay Estates , " Subdivision Lots 27 and part of 28 ; County Tax Map District 1000 , Section 37 , Block 5 , Lot 12 . �U (L Co r. ■ Q 1V Page 3 - Notice of Hearings Regular Meeting - October 2 , 1986 Southold Town Board of Appeals 8 : 25 p .m. Appl . No . 3487-SE - CHURCH OF THE OPEN DOOR. Special Exception to the Zoning Ordinance , Article III , Section 100-30 (B) [2] for permission to construct and establish House of Worship with related religious activities on a five-acre tract of land referred to as Lot #3 , Minor Subdivision of Salvatore Catapano , which received Sketch-Plan Approval 4/14/86 by the Town Planning Board . Location of Property : West Side of Main Bayview Road , Southold , NY ; County Tax Map District 1000 , Section 69 , Block 6 , Part of Lots 8 and 2 . (Current Owners : S. and J . Catapano ) . 8 :45 p .m. Appeal No . 3560 - EDMUND AND JOAN PRESSLER . Appeal from Building Inspector Notice of Disapproval- dated 1 /2/86 and ZBA Action #3463 dated 5/6/86 , and Variance to the Zoning Ordinance , Article VII , Section 100-71 , Bulk Schedule and Article VII , Section 100-70 (A) [1 ] (d ) for permission - to estab- lish a second retail/business use in conjunction with existing nonconforming two-family dwelling and antique-sales business use on this parcel of 68 ,912 sq . ft . in area and - 95 . 44 ft . lot width . Location of Property : "B-l " General Business Zoning District , North Side of Main Road , Southold , NY ; County Tax Map Parcel No . 1000-63-3-26 . The Board of Appeals will hear at said time and place al persons or representatives desiring to be heard in each of the above hearings . Written comments may also be submitted prior to the conclusion of the subject hearing . For more information , please call 765-1809. Dated : September 11 , 1986 . BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P . GOEHRINGER, CHAIRMAN Linda Kowalski , Board Secretary -------------------------------------------------------------------x ATTENTION NEWSPAPERS : Please pub.lis.h. THURSDAY , SEPTEMBER 25 , 1986 and forward affidavits of publication dn . or before Sept . 30th to : Board of Appeals , Main . Road , Southold , NY 11971 . -------------------------------------------------------------------x c� 4]� v- [ Q C L 4 cl i 0 N G y A Notice of Hearings of 10/2/86 Mailing List Copies 9/23/86 to : Mr. Jerry Horton , Box 1442 , Mattit.uck 11952 Mrs . M. VanOudenallen , .230 Sailors Lane , -Cutchogue 11935 Environment East Inc . , 3075 Indian Neck Lane , Peconic 11958 Mrs . S. Homan , 160 Smith Drive , Peconic 11958 Mr. and Mrs . Norman Reich , 295 West Front St , Greenport 11944 Mr. and Mrs . J . Riemer , Box 640 , BayShore Road , Greenport 11944 - Mr . George D. Damien ,. P . O. Box 626 , New Suffolk , NY 11956 Mrs . Noel P. Birkby , Architect , 155 West 19th St , NY , NY 10011 Mr. and Mrs . Philip Bellomo , 25 Joyce Road , Plainview , NY 11803 Mr . Garrett A. Strang , Architect , Main Road , Southold , NY 11971 for -Egan , Bozzo and Senko Paul A. Caminiti , Esq . , 54075 Main Road , Southold , NY 11971 Richard J . Cron , Esq . , Main Road , Cutchogue , NY 11935 Re : Church of Open Door Gary Flanner Olsen , Esq . , Box 706 , Main Road , Cutchogue , NY 11.935 Mr. and Mrs . Edmund Pressler, 56025Main Road , Southold , NY 11971 Yt FORM No.4 �4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town I-lall Southold, N.Y. Certificate Of Occupancy Aug . 4 86 No. . . .Z 750 Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19 . . . THIS CERTIFIES that the building . . . .41- A4 a L inn . • . , • . . . . . . . . . . . . . . . . . . . . . . . . . . . 56Q25 Main, Road Southold . . . . . • , , , , Location of Property • • • • • Sireer •Flamlet House No. County Tax Map No. 1000 Section .Q63. . . . . . . .Block . . .3. , , , . . . . . . .Lot . . . . . 6. . . . • • • • • • Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Piled Map No. . . . . . . . .Lot No. . . . . . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated . . . . . April .21• , ' 19 .86pursuant to which Building Permit No. . . 148113Z. • , • • , , , , . . . dated • . , 3 . . . . . . . . . . . . 19 86 ,was issued, and conforms to all of the requirements . .May_ of the applicable provisions of the law. The occupancy for wi►ichi this certificate is issued is . . . . . . . . . . . . . . . Aa.texat,iQPP. PA stincl building. . . . . . . . . . . . . . . . . . . . . . . . Fp140P. A JOIN I'RI SSLEI; . . . . . . . . . . . . . . . . . . . The certificate is issued to . . . � (owner,���t:tdi��i►7tK• of the aforesaid building. Suffolk County Department of IIealth Approval . . . . . . . . . . . YiO. . . . . . . • • • • • UNDERWRITERS CERTIFICATE NO: . . . . . . . . . . . . . . . . . IV/A , , . . " " " " " " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector Rev.1/81 oS�FFoI+.��o z Ln • Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH.T.TERRY TELEPHONE Towle CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 18, 1986 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal NO. 3560 application of Edmund . and Joan Preseler for a variance. Also included is letter relative to NYS Tidal Wetlands Land-Use; Short Environmental Assessment Form; Certificate of Occupancy issued by the Building Department; Notice to Adjacent Property Owners; and survey. Judith T. Terry Southold Town Clerk FORM NO. 4 do TOWN Or so it 11(11.1) c;.. . R1111,1)ING Dl-:l'A1V1'11l-'NT r Town Ovrlc'• I Iffice Southohl.,N. Y. Certificate Of Occupancy No. z4897 . . . . . Date . . . . . . . . . . . . . . N.ov.. ,.7 i9.72. THIS CERTIFIES that the building located -it. . . VS.. lair). Road. . . . . . . . . . Street , Map No. . .XX . . . . . . . Block.No. . xX. . . . . .Lot No. xxx . ,Southold. . .N.Y.. . . . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office ' dated . . . . . . . . . 4. . ,Jan. . . .5. . ., 19.72. pursuant to which Building Permit No. . 56,�OZ. , dated • . . . . • : . . . J�n. . .5 . . . . ., 19.72., was issued, and conforms to all of the require. ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . .r;.vate. .two. family. .dveUing . -. with. doctors .office. . . . . . . . . . . . The certificate is issued to . WM. . R. .Donlan. MD . . . . .Owner. . . . . . . . . . . . . . . . . . . . . . . . . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval . N R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r UNDF.RWRITI?RS CI'RTll-l('ATI* No. . . .pending. . . . , , . • . FIOUSI: NUM111:R. .56205.. . . . .Stivet. . . . . . Mn in l'n,!..d . .. . .. . . . . . . . . . . 1luildmt, InsrCctor FORM No. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT ,. Town Clerk's Oficc. Southold, N. Y. Certificate Of Occupancy No. �.�. . . . . Date . . . . . . . . . . . . 119. 36 . THIS CERTIFIES that the building located at . X/$. . .4iA .Road . . . . . . . . . Street Map No. . ? . . . . . . . Block No.*x . . . • . .Lot No. . .?*x. . . .$oK 47.4 . .R.•X . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office. A '74 pursuant to which Building Permit No. .7461 z . dated . . . . . . . . . . : . . . . . . . , dated . . . . . . . . . dug. . 6• • . • • •. 19 7 , was,issued, and conforms to all of the require. ments of the applicable provisions of the .law. The occupancy for which this certificate is issued is . . . private, swimming •pool, • with •fence .& acc®s•sorgs , , , . , . . . . The certificate is issued to Dr. Will. . . . . . . . Do:;lan• • • • Ow eP . . . • , . . . . . . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval A i-R•. . . . . . . . . . . . . • . . . • • • • • • • • • • • • • Ni 81626 UNDERWRITERS CERTIFICATE No. . . . . .. . . . . . . . • • , • • • • • • . • • , , , , , • • , • • , , . . . . . HOUSE NUMBER . . . . • 5602�i• • • Street . . . . M14tri •I1oad . , , Souirhoxd • • , , • , , • , , . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . 1 r� . C, . . . . . . . . . Building Inspector.Insp ector .'OWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. SU DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1 (We) Edmund and Joan Pressler of ...(no„#`� G►;ove, St�;eet .. . . ................................. Name of Appellant Street and Number "' ..........................Southold. . .NRA Y4Ck........HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ............................... WHEREBY THE BUILDING INSPECTOR DENIED TO Edmund and Joan -Pressler ................................................................................. Name of Applicant for permit of no # Grove Street Southold New York .... .... . .. . . .... .. Street and Number Municipality ��State ( ) PERMIT TO USE PERMIT FOR OCCUPANCY ( X) VARIANCE 1. LOCATION OF THE PROPERTY 51i0 25 Main Road, Southold, NY B-1 General Business ................................................................................. i Street Use District on Zoning Map ................................................................................•.Current Owner Edmund and Joan Pressler Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Restrictions under appeal # 3463 to be lifted and Article 7 Section 100-71 and Bulk Sc ule. 3. TYPE OF APPEAL Appeal is made herewith for ( X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL. A previous appeal MX(has ) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit (f�) request for a variance and was made in Appeal No. ..... 3.46.3.................Dated ......5/6/.86.................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X) A Variance to the Zoning Ordinance is requested for the reason that the restrictions under appeal #3463 to be lifted to permit a second business on premises located in a B 1 Zone as shown on a survey ,of Rodrick Van Tuyl dated August 31 , 1981 . P'onn zBl (Continue on other side) .. X.is REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because applicants property b,s zoned B 1 and was approved by Southold Town Zoning Board of Appeals under Appeal #3463 to be utilized as a non-conforming two family use and a business use. Since said appeal the applicant has eliminated the swimming pool shown on the survey thus increasing the parking ea and has also installed two drive ways. The drivemay . on the East side/4r ingress to rear parking area and one on the west side for egress to the Main Road. Applicant s;a seeks by this application to utilize the down stairs to the existing building for an antique shop as well as additional business use. Applicant points out that the property is zoned B 1 general business and that it contains 1.582 acres and i,''- thus meets the area requirements of Section 100-62 (B). This is a pre-existing lot and accordingly applicant seeks a width variance from the required 150 feet under the present zoning code. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because applicant has a pre-existing parcel s,. !, and can provide ingress and egress as well as sufficient parking. There is no reasonable basis for the zoning board to limit the business use to onlyy one business particularly since there is more than the required one acre.The Building Oept.under Certificate of Occupany # Z14750 dated August 4, 1986 approved the alterations to the existing building which alterations provided for space for the antique business as well a additional space for one`additionai_ business on the west side ground level. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE ;,.aCFiARACTER OF THE DISTRICT because the property is zoned B 1 which permits more than one business. ry'• STATE OF NEW YORK ) ss COUNTY OF SUFFOLK Signature �c� ........... day of.....September ... 1986 Sworn to this ............... .... ..... ... ..................................... ... 2 �...... NotaryUMPAIN Public Ma*T R 8t"s 61 @W Vb* am"Pad In f ftftWm E q n=C 30. 6V BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of �dMt",Vd &S5/et NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER Long Island Railroad - M.T A Mr. and Mrs. Lester Albertson . . Mr. and Mrs. Irwin Thompson YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) ( 'cWXZ%W (4hg;iXI?SMMX4&MMA*XXXN-XZhXA)LXX6KkX ] Variance to construct two retail stores and two family residential use. 2. That the property which is the subject of the Petition is located adjacent to your property and is des-* cribed as follows: North - Long Island) Railroad, East - Mr. & Mrs. Lester Albertson, South - Mai;n Road, West - Mr. and Mrs. Irwin Thompson 3. That the property which is the subject of such Petition is located in the following zoning district: B1 4. That by such Petition, the undersigned will request the following relief: To uti 1 ize the premises as a non-conforming two family residential and two retail stores. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article VII Section 100-71 Bulk Schedule E ] 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) 7d5-1809. 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 da for to the date of such hearing in the Suffolk Times and in the Long Island Travel er-Mattituck Watch n, ne spapers published in the Town of Southold and designated for the publication of such notices;that y or yg r representative have the right to appear and be heard at such hearing. � September 17, 1986 GARY FLANNE LSir-�1, E . , attorney for Se Dated: P // J Petitioner Edmun 'and Joan Pressler Owners ' Nam s • Post Office Address P. 0. Box 706 Main Road Cutchogue, New York 11935 .(Te 1 . 734-7666 ) PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Long Island Railroad - -M T A R 115 Jamaica Station, Sutphin Blvd. , & Archer Ave. Jamaica, New York 11431 Mr. & Mrs. Lester Albertson Main Road, Southold, NY 11971 Mr. & Mrs. Irwin Thompson 82 Topping Drive, Riverhead, New York 11901 f STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: Lorraine Mauro residing at 2140 Delmar Dr. Mattituck, NY 119b2 being duly sworn, deposes and says that on the 17th day Of September , 19 , deponent mailed a true copy of the.Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Cutchogue, NY ; that said Notices were mailed to each of said persons by (certified) (registered) mail. �t raine Mauro Sworn to before me/tis 17tday of September19 otary P lic �.l t9atjt@q in `JUiti7IK C;Ounfy (This side does not have' to be completed on form transmitted to adjoining property .owners.. ) i l FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL _ Date .�� U��v. . . . . . . . . . ., 19 61?. . To ��. .����5� . . . . . . . . . . . . . . . . . . . C?.rv, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... l �L o.,. .N: -Yr. . 1 7771 PLEASE TAKE NOTICE that your application elated . . .LiPxc-, , , Z , , , 19 for permit to . . . . . . . . . . . . . . . . . at Location of Property . . 5&0.7- . . . 'A v House No. Street . . . . . ETC Hamlet County Tax Map No. 1000 Section Block . . .Q 5. . . . . . . Lot .O . . . . . . Subdivision . . . . . ^. . . . . . . . . Filed Map No. . . . . . . . . . . . . . .. .Lot No. . . . . . . . . . . . . . . is returned herewith and disapproved on the foll wing grounds ZQ /��/ .�f�S�N C. 6 7,0- F r- A oma No 7 �f,�icLl / = kuGESs�Gt,�✓ `,�irv/-��. . . . . . . . . . . . . . . Building Inspector - (Today ' s Date) To: Southold Town Board of Appeals Main Road Southold, NY 11971 Rc: Appeal Application' of C(WmW .,/ ,¢ 'Uo0 Location of Property: Dear Sirs: In reference to the New York State Tidal wetland.; I:and-Us Regulations, 6 NYCR , part 661, and Article 25 of the New York State-Environment-al Conservation La%.,, please be advi ned that t: subject property in the within appeal application: (P10:ls-Q check ana box) e I May be locat;d Within 300 feet of tidal w,72' r.d licc•,over, const:•ucted along the water-lying edm:! of this property is a bulkhaad ill very gcQd condition and at least 100 feet in :lengLh. ¢ ( ) h)ay be located within 300 feet of tidal Wetlands , however, constructed along the 1-• C!Cr, of thiP` property is a bul%heac! in need o- + ; (major) repairs, and appro::i:�,,Lely fee t in langth. . I May be located within 300 feet of tidal wctl '•• . however, constructed along the t-/atez•-1 d-ge , Of this property is a bul};I:aacl less thann100fedt • in length. ( 7 May be locUted within 300 feet of tid,�il wetland:, - z I the' re is no bul%ltez:d or c0ncretu wall r r•^n1-r� on the premieres. e:.is_�z • ' ( In not located within 300 feet of tidal wetlands to the best of my knowludgo. 1, P; tarred , items inc1 ic::,t:e your 'prop`r t°I dock not- appear to fall within the jurisc?iction o:• the tJ .Y,g • D. C.C. Sincerely you: l:OTL': I. proposed project fills %Iithdn D.E.C. juri_sdi-ction , approval must be received and sut:mit�ed to our office before .your application can bC scheduled Cor a public heating. u. Y • S . '''iv i ronmen to I (1ua I i ty 1((ry i uw r1c t reclu i rc!e :uh- `'''''•�'%:':'"' mission of th form, and an environment review vrill be " mrlde by this board before any action is ken t` .•, SHORT VIVIROMME.TITAT, ASSF^ru ' T:C ' :i�'!'' '• : ;;;.,• �''''�. ' '7•"I"", II11'TAT1CT1C?.St ;' t ,. 't .�.�r'n;!4.1 ;:', (a) In order to answer the question3"In this short EAF is Is assured that ths, c?.:.'•,� '' ,',', p:eFarer will use currently available inforratien concerning the Frojoct and •he ixely impacts or the action. It .13 not expected that additior;al otudio• :j0'•,�r' ''r,i ' "'.ivior ether inves ti s w • raenareh ' ties on 111 be undertaken. :.,,•t: ;':;'••:r.tt 'i+'.,'.'',.';''..y. ;''.t:�i,!rLj :•i.. .,;t 'o:. {,',.. .. • ... ... ,.5. i;t;:y.: '•t�R.: .1?:j,1:'r1]'.11�.`::�. r l:, '+Y'«`' : (b) If any question Ihas been an3wored Yes the pro jocc raay be significantnnd m ;:-tf ,:�'•a L.' ,��eer..aleced Envircm.ontal A33esament Form is necescarjo .;.Y;,;" •:,�, : ; ' :.�' .��i..y ,1,:1',ray.• ..�, ,',j. .,j•!i•r, .. - ,' .. '' 1�i.. �I.•.f.�?;d. ;o.. ,,a. t►:.`��. ci:•p q No i• ;•:.'�:...::',;'�;.':i`= w;,.. ;;;,rjrr,.i+.r.,;' . . •: (e) If all 'questions have been answered v is likely that this ro 9ct r1C- :significant* , .. %• ,', ., p j i3• 'S., 'i•j}�'(•,; •; :,sir., ..,. ;�•. .,.. .. :,4; .',1;:r:.y.�%:,1: t••'t'+: (d1 Envirer.-ental AasPgsr:entI.Vi �. ''� ';� ' ;•:',';:'; :;4; !1. Will project result in a large hysical chnn a c site or h• sical a "r:,':,� �; ' to the project P ! Y alter more a ..;.:rr'•r�:. ,i,:':; ': ''►', ' than 10 acres of land? ;ram; �`' •;:�;.rS•,• !�. �1�.:'i}'t„' fi ,. R • o 0 0 • • • • • o 0 0 �.— Ye 10 6 1�' .tr ' 20 Will there be a rajor change to any unique or •j,r"' ��'•',,•.'i.. '•i� '• '', unusual land form found On the site? a e ® . . Ya a tt0 Will project alter or .have a largo affect on �`�� •:• ' '•'.;::}:.;. an existing body of water? • . . • . • . . ® ' ' Ye9 r..,i;.,;:;•�;? 4• Will project ht vo a potentially largo impact, on -.'•'' +i4•/.did , :, grour:dwater quality? • o • . a . . • o o • • Yes Ito 'Mfr'+;.�:= '•, �• Will project significantly •affect drainage fle'., ,f(• on ad jaccnc sites? • o • o . • • • • o o IN Yea ;t0 6•' Will project affect any threatened or endangered + plant or animal species? • • • • • • • 0 0 0 • Yes Ito 79 WL11 project result in a major adverse effect on air q::ality? . . . .. • • . . . • • Yes do ' �,'ti�',' •r• 8• Will project have a rrs jor effect on visual cror- '�• alter of the co=unity or 3eenic views or viataa' ;.: known to bo important totho cor.munity? Yes • ,�,�• .. ®. • to ,i: 9. Will project adversely impact any site or strJct- ure f historic, pro—hi3coric, or paloontologicul importance or any site 'doeigr:atod ao a critical environmental area by a local agoncy? • • . Yes ..e No • 10. 'rJill project have a major effect on oxiating••or , future recreational opportuaitios'r a • � Yes " No 11. Will project result in major traffic problem3 or a eatize a major effect to existing transportacicn Systert3? o o • . • • • • • •. • • Yes !to 12. '.Jill project regul3l•1/ cause objectionable odor::-, noise, glare, vibration, or electrical disturb-- ' ance an a ,result of the projectlu operation? Yes No 13. Will, project have any impact on public health or f Safety'' • . Ye9 . e ti0 14. win project Affrct the exi3tinr corununicy by directly cauwinh a Sr•cwth in perrnnent popula— ticn of more than 5 percent over a ono••-yoar / period r,r have, a major n^r;:ltivc errect on t-,e character of t^e community ;r r.al,;ncorhocd' . Yes No 15. I3 there public centr^vCrs' c •crnlnp that pro ;c �� yes `� !ro 5Q v y+.4 Southold' Town B"hoard ®f Anneals ................ 16 MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN S.E.Q.R.A, March 1 3 , 1 98 6 CHARLES GRIGONIS,JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL, DECLARATION ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO. : 3463 PROJECT NAME: EDMUND PRESSLER 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 ]vocal Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- 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 w'iich. may also have an application pending for the same or similar project. TYPE OF ACTION: . [ ] Type II [X ] Unlisted [ ] DESCRIPTION OF ACTION : Variance to utilize premises of 68 , 912 sq . ft . in area as a continuing nonconforming two-family dwelling and add two retail sales/office uses in this "B-l " General Business Zone . LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: North Side of Main Road , Southold ; 1000-63-3-26 . REASON (S) SUPPORTING THIS DETERMINATION : (1) An Environmental Assessment in the short form has been subinitted which indicates. that no significant adverse effects to t-he environment are likely to occur :should this project be imple- mentr•d as planned; (2) The relief requested is not directly related to new construc- tion but rather uses of existing structure . (3 ) The premises is not located''within 300 feet -of tidal wetlands . 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 un the Town Clerk Bulletin Board. { j p 7 b t 3 i ht i_� _.._.-r{_,...,-y,.e -it._�N'-3�-i _r:1•_..-_�:.:-.i�-_v_:.. .- 11 , { j { i 4 3 { • 3 1�rJ�+L�1C2 G, V SJ� i 6 ram- p f r r k�{{ +{F+ i 3 ' - .•iF.rYM^Prt.^•'nnn�.•Gnats+.x.n.o.;..-w,....:«.e.^r_.w2.r.... ,' t... s Lik SEE s F t ,pa: rm+ga p.°n►° t l p t fir" !n 4"`p'^�^,prr p w'.",g"'• . %/�!.'T)j'71 C+R� �/`."�.� � f_ .•:..a ;,n... j r"-} `•f._..,.+�* � t- �- t. f tl 1 �Y •._.._._-...._..-._.......«_..._....._.._�,,..�..,-.,. ._.._...w..—.,. �r � :.. .,.....-.ye.w--.-,;»..°hs-•�warr.+.w s».,w:.s= .,�,«,,r..wr+aw•!..p+.. ay.,.ne;.,x**•Q•ze# ..k.,�.....,re....»,t ...,-«. ...,,....,.., .., 1 � -..,_''-^...-.>......._................_.. ..-..-.-.., ,.. .•-_,,.,... _....r,_ .._. ... ...- ,-,,.,. .,........ ., .-_,«.- _�,. .... _. .^- .,, ... .. .._.. .. .-. ,._ _. ._.. _...,- .•w....r.r......+--....�..,.......«-..... r.,..+..-..,-..� -...,..�._.a-..�.-v-_.....-,-_......._,..v..a,---•---...... s - .-. r,,.��-.-r-, .. .Y ...� ,-... ..,,.,. «..a.., ._.. ...... ..,.. ,..� .. �........,-,a,......_...J r- Ste i gG+'r (7c_e CT I � ' l i i l ; ij f1+ _._. -....x r+Y*Y..-•� \ 1'Y L...._.._.-,�m._.».�.�»._._...,..-�v ..._.`-- ..._.- .,_�._,��g. t-� "' S -- ,,s:,t., 4:7(O j il-,, t ry 11oo,- ! � �»UJ �i., '."] 7 v i"`+ � ..w 3 � ".�- r Y � �7C-T^p".ltY �, r�'; t � ➢ s _ r A' 7' r �.�• .,......,..�. � � ._�-. _-- - _.' � f = e � � �. .................. ..._.._..._......_....__.. - .. .- � "".� �•-�1♦r r+. 1�i � f^ :1�°S ,r�. � �°a..iC�yY�v!""M1, "',^Pam.,.,i'".t w.»..t'. t' 1 'i / `""y��✓f"`e` ?-fir?*^�^ (r� 1" rate__'- rt..kr-r-. 1 <-:Nt, ,'91C,,%_xt, r ' 1�.° gam ' 6. 77* tIW r V.Y. Y4 iG f /� I /�"'— ���__`� p � § � �r'•', .. �,.. +.. ..-.. .. . .'M,:Y rS$.1C .. :P..YY""4W"1. a ... 8"a a EI'—Y'K Atk :.% i'Y:"€M <+••'VSYar^ge .rs+•h't" vc*t+a.Wfl+r� .r�,f+r. .•.0 9 'F^^'"w, v= . C V fa.:. "-�2C,. . .'a�.��� __�_-__ ..._.,,......,_ ..._.�...•,....�...,.,._. �,.r~...,.r��,.�...___._....�.-.-._....._.._ ..... •.�,,.,-.._.�_ 4 �. .. ......�.�.�._._..�,....�...�,...., wt ._._... __........��,...... .a..., ., ..., ....._-_.��P...m _.._,... ..�.� .___,_.,,...._...... ._. .., . .. . ,_,,,�...._.�.�..____..�..x..,y ..�_...,..._<._.w..w.. ..,..._�....._�.... .,..._..w..... . . �_,.:.. ..,_.� ._..�r.�.�„A...w.,�.__...�.,.. .:M. ,,.......... _ . 14� T_j IT, PiL go Do f 4,�c J- 71 Lol 4r elf* !7 r 9.'r 7+