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APPEALS BOARD MEMBERS dfp ���� SCOTT L.HARRIS 1 L'` Supervisor Gerard P.Goehringer,Chairman ^� . :;:µ<•' . p Charles Grigonis,Jr. • ` Town Hall,53095 Main Road Serge Doyen,Jr. erg rY . P.O.Box 1179 James Dinizio,Jr. Robert A.Villa - '�' Southold,New York 11971 Fax(516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800• BOARD OF APPEALS TOWN 6F SOUTHOLD ACTION OF THE BOARD OF APPEALS Appeal No. 4048: Application for BURT LEWIS, JR. Variance to the Zoning Ordinance, Article III , Section 100-32, and Article XXIV, Section 100-243 for approval of office addition resulting in an ;expansion of the existing nonconforming use and increasing the degree of nonconformance of the building setback in the front yard area. The subject parcel is substandard in size and is located in the Agricultural-Conservation (A/C) Zone District. Location of Property: 6920 Main Road, Laurel, NY; County Tax Map No. 1000-126-01-4.1; also referred to as Lot Nos. 1 & 2 on the Map of George I. Tuthill (1929) .. WHEREAS, a public hearing was held on August 15, 1991 and 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, the present use and zone -- district, and the. surrounding areas; and WHEREAS, the Board made the following findings -of fact: 1. ' The premises in question: (a) . is a parcel of land shown on the subdivision "Map of George I. Tuthill" as Lot Nos. 1 and 2 (combined as one parcel under zoning) and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 126, Block 1, Lot 4.1; (b) is presently improved with a one-story building with addition, more particularly depicted on the .November 20, 1987 survey, amended May 7, 1991, prepared by Roderick VanTuyl, P.C. : i 'Page 2 - September 1991 Board of Appeals Special Meeting Matter of Appl. -No. 4048 - BURT LEWIS, JR. -(c) contains a total lot nonconforming lot area of 16,589 sq.ft. and nonconforming lot width of 104. 06 ft. along the northerly property line off of the Main Road (State Route 25) in the Hamlet of Mattituck,1 Town of Southold; (d) is improved with a small principal building which existed prior to 1965 of a size of 30 ft. x 18 ft. and which preexisting building contains nonconforming building setbacks as follows: ( 1) from the north (front) line at 81811 , ( 2) from the east (side) line at 15" {or 113"1 . (e) is located in the A-C Agricultural-Conservation Zone District as adopted by the Master Plan of January 10, 1989. Minimum requirements applicable to this substandard parcel under Section 100-244 of the current zoning code are: ( 1) lot width 80 ft. ( 2) front yard setback 35 feet; ( 3) side yard setback 15 feet; (f) contains a nonconforming principal use as a real estate office, which preexisted the new Master Plan use district amendments. 2. By this application, appellant requests a variance for a 20' by 20' one-story addition for expansion of the existing single real-estate office. The degrees of nonconformance increased by this project are: (a) existing nonconforming use as a real estate office increased by 400 sq. ft. for office/floor area, fof a total building floor area of 940 sq. ft. ; (b) front yard setback expansion of 20 feet x 20 feet, (all of which is within the jurisdiction of the Board of Appeals since all 400 sq. ft. is that area normally mandated for a 35 ft. front yard area by the code) , or 72% of an increase over the existing floor area. r^ -je 3 - � September i 1991- R ]DIVED AND FILED BY ,oard of Appeals Special Meeting THE SOUTHOLD TOWN CLERK Matter of Appl. No. 4048 - BURT LEWIS, JR. DATE���d�Q� HOUR Q An Clerk, ;"o nn do ou _ 3. In considering this application, t e Board also finds: (a) that the relief,i as conditionally noted below, will not be adverse to the essential character of the neighbor- hood; (b) that the relief, as conditionally noted below, will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (c) that the variance will not create an increase in any dwelling unit density or cause a substantial effect on available governmental facilities; (d) that the relief, as conditionally noted, is feasible for appellant to pursue; (e) in considering all of the above factors, the interests of justice will be served by granting variance relief, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT relief for a 20' by 20' addition for expansion of the floor area of the existing principal office use, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the existing bluestone, blacktop or any hard pan .cover shall be removed from the edge of the building and new addition to the front property line and replaced with soil and a planted lawn, perhaps with low shrubs, for appropriate screening of the front area. No vehicles shall be parked at any time in the front of existing building (front yard) . Grass and shrubs must be continuously maintained in good condition at all times. 2. This variance will be held in abeyance -pending inspection and written approval by the Board of Appeals. (No Certificate of Occupancy may be issued until written approval has been issued by the Board of Appeals) . 3. Egress and ingress shall be to the south/west blacktop or bluestone parking area. VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Dinizio and Villa. (Members Grigonis and Doyen were absent. ) This resolution was duly adopted. lk I b �-"'"�-"" --jam f { ppY �,,-+ � v' r"�^ f�{ ',•,1 '1 # �'�'s - � ,r-'wtT - \04, qj t - rp+• _ �r 1 t ' ;' -t f. { � f, .-__."'_- .7s G:.t`E nr I If t � 11' tti%�j' 1 ��_/'"'•... c f� '7' C? 11 C-�r,S- � ! i 1 ✓ ... (; • ace ,.,�, �/ z G` f.._TA_i.jc f„i f f . C' C� Ck D F JUL 3 1 1,991 . f E � � 1 ?!�_+:.•t:rl � nl?�r7.>ion or$G Et10t! ? clln�o+r°n^is n v cy,q>ian n9 �-reN n'7: thq NCIN.as� rf tI2is^!srvw met not t�?rfTtg?; s9:�sun�,jj sha?E not kn cx:ns?c:ered to;Yr a valid truo ccpy, � f. SSuarcnts-eq ind+cctcd hale-n s'-MO rey# is`- � ,, .� ._. ...- '- -._ � Cni}�;.»th•P"yen fior vaP•arm tY:© �c.�Y-aa'. ' Fr,.r i and on his�cx 0 c in i'.Itlt*n PI °,a�h c3l j !! 1. � to u`the? r, 1� nat Tr s,,.. si:S t _ MAY "39.1 - i `4. 07, OF.l1l�� r�� ' r- �-- + r.___. r .� '�'�'✓ V 'k" a ( ` 1(` °� t J", tt '"1 t� i` f)-`. Y. I _ :a 3.��.1..=\ �Y�'. .�YSI.. '^� is •f.ra�''-f'�?� .C•� b..Pk. L"� l �tR�•aif 4& ..�.,d. - j'�`i"'Gl�''CK ��/ �.�) -.v{- -1 ji" s_ i i tw�f" !.'ti- f �',�. G - E a ?'- - - J �J O � ��'�,�..el� - ° t 4. 3� 2. ,+r'.er Y,a� td" s'T• '_°� ..._y �'ft i''S,S��'61 a.. �M1u'r'....n...-e:'r�_...on-__-.%vrv��a�-.r-,r.,m.•s...iy.s.._..r_-.,-.+.,a..r�-an-tee.-..�aw:e,a+,_._.._...+rwu_.n,..�..'.I�• +s'.^j+n. - w... _.r - _. -. �- .....' `- N 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 matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, NY 11971, on THURSDAY AUGUST 15, 1991, commencing at the times specified below: 7:30 p.m. Appl. No. • 4043 - JOHN H. AND GAYLE BIRKMIER. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(16) for permission to establish "Bed and 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 on the second-floor of the existing dwelling structure. Location 48850 Main Road, Southold, NY; County Tax Map No. 1000-70-07-10. 7: 35 p.m. Appl. No. 4044 - WILLIAM, AILEEN AND JOHN PARROTT. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B and Article XXIV, Section 100-244B, for approval of deck construction at less than 75 feet from the bulkhead and in a Page 2 - Legal Noti of Hearings Regular Meeting of August 15, 1991 Southold Town Board of Appeals excess of the 200 lot coverage limitation for all structures. The, subject parcel is substandard in size and is located in the R-40 Zone District. Location of Property: 2435 Cedar Lane, East Marion; County Tax Map No. 1000-37-4-9. 7 :40 p.m. Appl. No. 4045 - GLORIA LOWERY. Variance to the Zoning Ordinance, Article XXIII, Section 100-239. 4(8) for permission to construct open-deck addition to dwelling structure with a setback at less than 75 feet from the bulkhead. The subject parcel is substandard in size and is located in the R-40 Zone District. Location of Property: 650 Oak Avenue, Southold, NY; County Tax Map No. 1000-77-1-2. Also referred to as Lot Nos. 285, 284, 283 , 282, and part of 281 on .the Map of Goose Bay Estates ( 1934) . 7: 45 p.m. Appl. No. 4046 - MR. AND MRS. THOMAS M. McKEON. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to construct addition with breezeway and garage which will be in excess of the 20% lot coverage limitation. The subject parcel is substandard in size and is located in the R-40 Zone District. Location of Property: 415 Fisherman' s Beach Road, Cutchogue; also referred to as Lot 7 on the Map of Peconic Bay Properties, Inc. ( 1931) ; County Tax Map No. 1000-111-1-26. 7 : 53 p.m. Appl. No. 4048 - BURT LEWIS, JR. Variance to the V, Zoning Ordinance, Article III, Section 100-32 and Article XXI Page 3 - Legal Notic _ :)f Hearings Regular Meeting of August 15, 1991 Southold Town Board of Appeals Section 100-243 for approval of office addition resulting in an expansion of the existing noncohforming use and increasing the degree of nonconformance of the building setback in the front yard area. The subject parcel is substandard in size and is located in the Agricultural-Conservation. (A-C) Zone District. Location of Property: 6920 Main Road, Laurel, NY; County Tax Map No. 1000-126-01-4.1; also referred to as Lot Nos. 1 & 2 on the Map of George I . Tuthill (1929) . 8:15 p.m. Appl. No. 4041 - DONALD AND JEANNE GRIM. Amendment to Special Exception approval undler Appl. No. 3491, in this ..' Light Industrial (LI) Zone District for permission to authorize recycling and salvage facilitiy, excavation and drainage yard (pursuant to- Town Board Resolution adopted April 9, 1991, to be used in conjunction with those uses conditionally permitted under Special Exception Ito. 3491 (ZBA resolution adopted June 25, 1986) for outside stockpiling of material and related offices. Location of Property: Lot No. 2 on the Minor Subdivision Map No. 450 of L.B. Glover; 11910 Oregon Road, Cutchogue, NY; County Tax Map No. 1000-83-3-part of 4. 4, containing 4.59 acres. 8 :20 p.m. Appl. No. 4042 - LAWRENCE CERVON. Variance to the Zoning Ordinance, Article XXIII, Section 100-239. 4B for permission. to construct addition to dwelling with a setback at less than 75 feet from the bulkhead. Location of Property: Page 4 - Legal Notic Df Hearings Regular Meeting of August 15, 1991 Southold Town Board of Appeals 25235 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-126-11-21. The subject parcel is substandard in size and is located in the R-40 Zone District. 8:30 p.m. Appl. No.. 3959 - MR. AND MRS. . JOSEPH HARDY. Variance to the Zoning Ordinance, Article IX, Section 100-92, for permission to increase the degree of nonconformance of the lot area for the establishment or approval of a second dwelling unit in an existing dwelling structure and for the.•-establishment or approval of a third dwelling unit in the rear accessory building, both in conjunction with multiple business uses and" existing single-family residential unit of this substandard parcel. Location of premises: 13500 Main Road, Mattituck, NY; County Tax Map ID No. 1000-114-11-5. The subject parcel is nonconforming in this Hamlet Business (HB) Zone District containing approximately '-one-half acre of total lot area. 8: 40 p.m. Appl. No. 3959 - MR. AND MRS. JOSEPH HARDY. Special Exception to the Zoning Ordinance, Article IX, Section 100-91B(2) ( 4) to permit either an accessory apartment or second dwelling unit over stores, or alternatively to permit multiple dwelling use within the existing mixed business/residential structure. Location of premises: 13500 Main Road, Mattituck, NY; County Tax Map ID No. 1000-114-11-5. The subject parcel is nonconforming in this Hamlet Business (HB) Zone District containing approximately one-half acre of total lot area. ' Page 5 - Legal Noticr f Hearings Regular Meeting of August 15, 1991 Southold Town Board of Appeals 8:50 p.m. Appl. No. 4039 - CLIFFSIDE ASSOCIATES. Appeal for an Interpretation under the Definition Section of the Zoning Code, Article I, Section 100-13 as noticed to the adjoining property owners, as pertains to dwelling and/or motel uses, and the. installation of cooking facilities. Location of Property: 61475 County Road 48, Greenport, NY; County Tax Map Parcel ID 1000-045-01-001 and 002 ( 2.1) , containing approximately 7.5 acres. Zone District: Resort Residential (RR) . The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before- the times designated above. For more information, please call 765-1809. Dated: July 25., 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski ---------------------------------------------------------------x TO: Times-Review Delivered 8/5/91 L.I . Traveler-Watchman For Publication FORM NO.3 TOWN OF SOUTIiOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date . . . . . . . . . . .� 8 . . ., 197.1. . . To PLEASE TAKE NOTICE that your application dated . . . . .I .� -�• . . . . 19 C 1. . for permit to �. /�. .o. . (J�'t . . �~ ° . . . . s.5t_. . . . . . . . . . . . . . . .. . at Location of Property :/. z'0, }�Yt �,.; d�c,.c,.� A,1^ � • House No. Street t' County Tax Map No. 1-000 Section . . . .� .� Hamlet . . . . . Block . . . . O I . . . . . . Lot . . . . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . is returned herewith and disapproved on the following rounds . n p a b .13`'`Q . . �-�°}- • °^" . . . . . . . . ,. .. . . . . . . . . . . . . . . 0 0 . . . . . . . . . . . . o Qj1dnLgWII n s p e c t o RV 1/80 p RECEIVIE TOWN OF SOUTHOLD, NEW YIV E 3 r�i APPEAL FROM DECISION OF BUILDING INSPECTOR 1 J20 ?APPEAL NO. Southold Town Clerk DATE ................ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (Vsw .Burtw.> ...Zwi�,Tx.................................of ............................... Name of Appellant Street and Number CutcYlo L1e....... ...................................................:.... NT.Y•.••1•1-93-.......HEREBY APPEAL TO Municipality State -THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING IN ON APPLICATION FOR PERMIT NO. .............................. DATED ............................ WHEREBY THE BUILDING INSPECTOR DENIED TO ............................................. Name of Applicant for permit of P.O. Box 983, Cutchogue, N.Y. 11935 ......................................................P....Y................................................... Street and Number Munici alit State ( ) PERMIT TO USE (X ) PERMIT FOR OCCUPANCY for Real Estate (addition) 1. LOCATION OF THE PROPERTY ......................A.:G............................ Street /Hamlet / Use District on Zoning Map 1000-126-1-4.1 District 1000 Section Block Lot Current Owner Burt G. Lewis Jr. lvtop No. Lot No. P r i o r Ow n e r Evelyn Cames formerly Olsen) 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III Section 100-32.,:and Article XXIV Sec.100-243 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X)d 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 (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No. ................................Dated ...... ............................................................ REASON FOR APPEAL ( ) A Variance to:Section 280A Subsection 3 WO A Variance to the Zoning Ordinance is requested for the reason that Form z131 (Continue on other side) R REASON FOR APPEAL Continued 1. STRICT APPLICATION .O.F THE,;.ORDINANCE would produce practical difficulties or unneces- nary HARDSHIP because without the 400 Sq.Ft. extension,the existing building consisted of only 570 Sq.Ft. Much of this was unusable since the slab construction necessitated devoting areas to the furnace, well, hot water heater, lavatory„hall and storage requirements. 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 it is the only pre-existing little house-like undersized office structure in the immediate vicinity. The 3 immediate neighbors are vacant woods and an older house. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because it is just a country home-like modest 20 x 20 foot extension of a small existing real estate office which due to the nature of the business is very lightly used by 1 to 3 agents at any one time. STATE OF NEW YORK ) S ) ss ...................................g........................................... COUNTY OF v�FF°N Si nature J Swornto this ...... ... ........ ........................ day of...... , .!^ .................................. 19 9\\ .................. .. .. .. ............................. Notary Pu lic GARY FLANNER OLSEN Notary,public,state of New York .No.62-2969600 _ Qualified ire es March 3,1 commission Exp N . L M. Bldg. 3 io X ��SVU f '�� � � Foundation CA Both � Extension Basement Floors Extension Ext. Walls , Interior Finish , Extension I Fire Place Heat Porch Roof Type Porch Rooms 1st Floor Breezeway Patio Rooms 2nd Floor Garage Driveway Dormer O. B. ' 4 M4 ) N ROAD _PROPGAT i_LrNF_ ____ �0 1 - � TOP Fj��trrN41�6rvr FOrN0ATi0N A�QON XISTiNf CE/iFNTS�gB I' IV \ 7" 1 _..------ Vt • f RONALD B. LEWIS i Associate Broker i (516)734-5533 : •= l.� x+i � a '�� ''���• �-E� F. .,� � Main Road—Box 983 Cutchogue,New York 11935 +5�-�'-. ',:,�•�y,.ts.., a� ,'"�,"��,x y h, sr�-+r�;.. �. I � ,,ar+•, I - �/. i •• - ice, 1� �s• r r � URE cs t 5 ) SCOTT L. HARRIS PLANNING BOARD MEMBERS `' Bennett Orlowski, Jr., Chairman " ,'? ' ,�+ �� ^A,, Supervisor George Ritchie Latham, Jr. Richard G. Ward Town= '"-�'� Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 1 1971 Telephone (516) 765-1938 TOWN OF SOUTHOLD, Fax (516) 765-1823 October 11, 1991 p �� ��' ��' 1-7' o � Burt G. Lewis, Jr. j, 1991 P.O. Box 983 Main Road Cutchogue, NY 11935 i p RE: Requirement for site plan for Burt Lewis Real Estate, Main Road, Mattituck Zoning: Agricultural-Conservation SCTM #1000-126-1-4 .1 Dear Mr. Lewis: The Planning Board has received a copy of the Zoning Board of Appeals' variance that was granted on September 12, 1991. Please submit eight (8) revised site plans that incorporate the conditions of the variance, as well as the items contained in the Board' s letter to you of September 20, 1988, (copy enclosed) . An approved site plan for the addition and a recommendation to the Principal Building Inspector for a Certificate of Occupancy cannot be provided until the site plan is modified as requested in the September 20, 1988 letter. Further, you must obtain a curb cut permit from The New York State Department of Transportation. Page 2 Burt Lewis If you have any .questions, or require further assistance, please contact staff member Bob Kassner at this office. Very truly yours, Bennett Orlowski Jr. Chairman Encl. CC: Victor Lessard, Principal Building Inspector Vincent Wieczorek, Ordinance Inspector Matthew Kiernan, Assistant Town Attorney ✓Gerard P. Goehringer, Chairman, Board of Appeals + Town Hall 53095 M ain Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTIIOLD September 20 , 1988 Burt G. Lewis,Jr. Main Road _ - P.O.. Box -983 Cutchogue, NY 11935 RE: Burt Lewis Real Estate SCTM Tt 41000-126-1-4.1 Dear Mr. Lewis: The revised site plan dated July 28, '1988 has been reviewed by the Planning Board at a work session. The following changes are requested in order to complete your application: 1 . There should be one clearly defined curb-cut of 30 feet in width to control access to the rear parking area. There should not be parking spaces within the access/exit area to State Route-25. Indicate on plan where pavement ends on State Route 25 relative to the property line. 2. The land in-between the building and the street should be landscaped including street trees as .per Section A108-41 of the Town Code (Highway Specifications) . 3 . Parking area drainage, and proposed grades should be shown. All roof runoff shall be routed to dry wells. 4. Indicate .square footage of building and parking required. (One space for every 150 feet of floor area. ) 5. Indicate location of dumpster, if any. 6 . Indicate outside lighting fixture type and height. The enclosed marked site plan will be of help in your review. of these comments � I If there should be any, further questions, do not hesitate to contact this office. Upon receipt of revised plans, the Planning Board will .proceed with its review. . Sincerely; f•`�' f�r BENNETT ORLOWSKI,, CHAIRMAN cc: Building Department it . .. ..._r ._ v•_L_.Y.y�•�_..y...•�L�-�.' -11�u.. .I�x_il.uie.l .J:C. COUNTY OF SUFFOLK 1 / PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING September .26, 1991 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) arrott, William, Aileen & John 4044 V Lewis, Burt Jr. 4048 Very truly yours, Arthur H. Kunz Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb 3 VETERANS MEMORIAL HIGHWAY ' HAUPPAUGE. L.I., NEW YORK 11788 (51 6)360-51 92 i APPEALS BOARD MEMBERS N„ ' t r , SCOTF L.HARRIS Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. Town Hall,53095 Main Road Serge Doyen,Jr. � '� P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 . Robert A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 I 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 : X Variance from the Zoning Code , Article III Secti100-32 XXIV' on100-243 Variance from Determination of Southold Town Building Inspector, Spec.i a_1 Exception , Article _ Section Special Permit Appeal No . : 4048 Applicant: Burt Lewis , Jr. Location of Affected Land: 6920 Main Road , Laurel County Tax Map Item No . : 1000- 126-1-4. 1 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 Existin,g 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 requestingxORKHRIaRlto of office addition resulting in expansion of nonconforming use and buil ing se ac front yard . Copies of Town file and related documents enclosed for your review. Dated : September 20, 1991 _ 1 r �L=_ PLANNING BOARD MEMBERS �'9 1 >` ;" SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman - ='` ' Supervisor George Ritchie Latham, Jr. Richard G. Ward = ' Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 TO: Gerard P. Goehringer, Chairman, Board of Appeals FROM: Bennett-Orlowski-,—Jr-:- _hairman_ ' S DATE: August 4, 1992 RE: Requirement for site plan for Burt Lewis Real Estate Main Road, Mattituck SCTM## 1000-126-1-4.1 The Planning Board has not received a reply to its memorandum to you of December 5, 1991, (copy enclosed) concerning the above referenced site plan. MEMORANDUM IN RESPONSE TO THE ABOVE August 6, 1992 ' Dear Ben, Please read your December 5, 1991 memorandum above-referred -to. We could not find questions being asked. You may recall that this was a response to some of the ZBA's inquiries in its memo of November 8., 1991. Since the variance record has been finalized for more than 10 months, you should direct enforcement or legal questions to the appropriate departments. However, if you would like to .formulate a schedule for similar nonconforming use situations as suggested in our November 1991 request, we feel it is imperative and would welcome your response. Jerry 91-1 fOJ �. 'k+ FPS sS c k� PLANNING BOARD MEMBERS # Est^ '` T t SCOT.;('L. HARRIS ' k..4F r�. Supervisor Bennett Orlowski; Jr., Chairman k r P v Gorge Ritchie Latham, Jr. �4, ��� / � Town Halal, 53095 Main Road Richard G. Ward � e �,� _ Mark S. McDonald . .. . P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax(516) 765-1823 i,1BMORANDUM TO: Gerard P. Goehringer, Chairman Zoning Board of Appeals FROM: Bennett Orlowski, Jr. , Chairman RE: Applicability of Site Plan Requirements to Nonconforming Uses: Response to your Memorandum of November 8, 1991. DATE: December 5, 1991 Your memorandum raised three separate. questions, each of which are addressed below. With regard to the Homayuni & Kapotes case (Appeal No. 4009) this Board must review a site plan in accordance with Articles II and XXV of the Zoning Code (specifically sections 100-31B. ( 1) and 100-250) . The nonconformity of the lot size does not change the nature of the Planning Board' s jurisdiction since the Zoning Board' s granting of a Special Exception had the practical effect of granting conformity to this site,. With regard to the Burt Lewis case, the site plan application for this site was made in 1988 under the provisions of the Zoning, Code and zoning map that existed at. that time. When the application was made, construction at the Lewis site had started and finished without benefit of a site plan, a - building permit and a variance as were required by the prior Zoning Code. The Planning Board has pursued the enforcement of this I violation, even though the change of zone in 1989 from B-Light Business to Agricultural/Conservation caused the use to become a non-conforming one. The Planning Board has worked to correct this violation, as well as others, because we do not want to encourage .others to circumvent the Zoning Code by starting construction without the required site plan approvals (not .to mention building permits and variances) . From the beginning of this violation, this Board has asked Burt Lewis to comply with the Code that was in effect at the time he violated it. And, since the current site plan ordinance grants a three year reprieve for any site plan that was approved under the prior ordinance, it can be argued that Mr. Lewis is still entitled. to develop . a site under the provisions of the prior zoning code, even though some aspects of that plan may not conform to the current site plan ordinance and Zoning Code. Finally, in answer to your request for a " . . .proposed schedule that would apply for nonconforming-use situations (with the fees for the same and a maximum time frame in which applications. .. .would be processed and finalized. . . ) . ", the Planning Board' s actions in the review of site plans are governed by Article XXV of the Zoning Code. Accordingly the fees and time frames set forth in that section of the Zoning Code must be applied to any site plan application regardless of the use. As for Mr. Lewis, he paid his site plan application fee in 1988. However, we have not been able to proceed with his application because he needed relief from the Zoning Board, and he needed to revise the site plan itself to bring it into conformity with the Code. , To date, he still hasn' t complied with our request to revise the site plan itself, as the enclosed correspondence will show. I trust this answers your questions and concerns. If you wish to discuss the matter' further, please feel free to contact me directly. APPEALS BOARD MEMBERS �rg�S FOji t SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. Serge Doyen,Jr. Y ,b , Town Hall,53095 Main Road `'"` P.O.Box 1170 �. James Dinizio Jr. ® ' ' ,., Southold,New York 11971 Robert A.Villa °��jd`" ' � Fax(516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD INTER-DEPARTMENTAL MEMORANDUM TO: Planning Board Chairman Bennett Orlowski Attention: V. Scopaz FROM: Board of Appeals Attention: L. Kowalski DATE: November 8, 1991 SUBJECT: Applicability of Site Plan Requirements to Certain Projects with Nonconforming Uses As requested recently by your office, we are furnishing a clarification of our concerns regarding site plan jurisdiction by the Planning Board under Section 100-250 of the Site Plan regulations for nonconforming uses, particularly since the use provisions of the zone districts require site plan applications for conforming uses only. We would like to make reference to. two recent projects that are pending which involve principal uses, preexisting of the present zoning code and maps and which are both located in the residential zone districts. Since there has been no change in the "use" provisions of the Code in this respect, we merely want all departments to continue with the same answers. The specific use provisions of the district in our zoning code a 2 - November � 391 Y Planning Boa�u Planning Board Reviews - Nonconforming Uses, etc. l are noted as follows for each project: 1) Bert Lewis building on the south side of the Main Road in Mattituck - zoned Agricultural-Conservation and contains a nonconforming use as a real estate business office. The use provisions of the A/C Zone District do- not, as we have all known, specifically state that there is a requirement for site plan approval by the Planning Board. 2) Homayunii& Kapotes ^(1000-135-2-_22) , which is zoned R-40 residential and the preexisting 'use 'is conforming under 100=30A. 2(B) with a two-family occupancy, although the lot size and setbacks are nonconforming. The Homayuni & Kapotes project is under the current zoning code a conforming use, also on a nonconforming lot. You will note that this use is conditioned in the use provisions of the R-40 District and specifically requires site plan approval by the Planning Board. Both projects have had decisions rendered by the Board of Appeals, and at this time have not received building permits for the proposed new construction. Please provide us with a proposed schedule that would apply for nonconforming-use situations (with the fees for the same and a i maximum time frame in which applications for this type of site plan review would be processed and finalized through your office) . Following receipt of the proposed schedule, we will further . communicate and advise. GG: lk cc: Harvey A. Arnoff, Town Attorney ,Matthew J. Kiernan, Asst. Town Attorney Building Department, Attn': All Building Inspectors APPEALS BOARD MEMBERS n SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman ; Charles Grigonis,Jr. 'w, Town Hall,53095 Main Road Serge Doyen,Jr. James Dinizio,Jr. f2.;hY �^ � P.O.Box 1179 Robert A.Villa "� r' �' Southold,New York 11971 = Fax(516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD February 24, 1992 Mr. Ronald B. Lewis Burt Lewis Real Estate P.O. Box 983 Cutchogue, NY 11935 Re: Z.B.A. Requirements for Mattituck Addition Dear Mr. Lewis: This letter is written as a follow-up to your request concerning the front landscaping, blacktop walkway, and the "no parking sign" in the front yard area. These areas, as inspected by me, are acceptable. We are furnishing a copy of this letter to the Building _ Department for their update and permit application. files. Very truly yours, "14 1-1 GERARD P. GOEHRI6NGER CHAIRMAN lk cc: Mr. Victor Lessard, Principal Inspector Southold Town Building Department `OSVFfO��COG APPEALS BOARD MEMBERS SCOTT L.HARRIS�O Gerard P.Goehringer,Chairman CZ Supervisor Charles Grigonis,Jr. y Z Town Hall,53095 Main Road Serge Doyen,Jr. O P.O.Box 1179 . James Dinizio,Jr. l �a0� Southold,New York 11971 Robert A.Villa Fax(516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD February 14, 1992 Mr. Ronald B. Lewis Burt Lewis Real Estate 1j P.O. Box 983 U Cutchogue, NY 11935 Re: Z.B.A. Sign Requirement Mattituck Real Estate Addition Dear Mr. Lewis. This letter is written as a follow-up to your request concerning placement" of the "no parking sign" requested in our October 15, 1991 correspondence. This "no parking" sign at the front area of the building, directing parking to the southwest ide yard area, is acceptable as to size, context and location. We are furnishing a copy of this letter to the Building Department for their update and permit application files. Very truly yours, GERARD P. GOEHR GER CHAIRMAN lk cc: Mr. Victor Lessard, Principal Inspector Southold Town Building Department APPEALS BOARD MEMBERS rti � 011 SCOTT L.HARRIS (n� Supervisor Gerard P.Goehringer,Chairman y,-�,o , Charles Grigonis,Jr. (_x� Serge Doyen,Jr. 9 t �� Town Hall,53095 Main Road P.O.Box 1179 James Dinizio,Jr. R ' �� , ' ;" Southold,New York 11971 Robert A.Villa p� .6> Fax(516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD October 15, 1991 Mr. Ronald B. Lewis Burt Lewis Real Estate P.O. Box 983 Cutchogue, NY 11935 Re: variance Application - Burt Lewis at Mattituck Dear Mr. Lewis: This letter will confirm that we are in receipt of the proposed landscaping and blacktop walkway at the front (north) side of the subject building for its entire length. The plan as proposed is acceptable. Please be sure to contact my office when the improvements have been completed for final inspection and acceptance. Thank you for your attention and efforts to bring the site into compliance. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN lk cc: Building Department P. S. Please be sure to place a "no parking" sign at the front area , which should direct parking to the southwest side area. Copies to Planning Board (with front landscaping and side parking area referenced above . ) I Page 16 - August 15, 1991 Public Hearing - Mr & Mrs Thomas M McKeon Southold Z.B.A. MR SCHMITZ: Yes. CHAIRMAN GOEHRINGER: I guess that' s it. We thank you Mr. Olsen, we thank you Mr. Schmitz and .we that you applicants for such an extensive presentation. Is there anybody else who would like to speak in favor of this application? Not only that thank you Mr. Stype, I apologize. Is there anybody that would like to speak against the application. Seeing no hands I ' ll make a motion closing the hearing reserving the decision until later. Thank you. All in Favor - AYE. Appl. No. : 4048 Applicant(s) : Burt Lewis, Jr. Location of Property County -,Tax Map No. : 1000-126-1-4.1 The Chairman opened the hearing at 8:15 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: We have a survey produced by Roderick Van Tuyl P.C. most recent date is May 7, 1991 indicating that the nature of this existing addition is 20 X 20 off the west side of the existing building on the Main Road in Mattituck, some 196.97 feet west of Bray Avenue and is presently used as a Real Estate office. And I have copy of the Suffolk County Tax Map indicating 'this and surrounding properties in the area. Is there somebody who would like to be heard? Mr. Lewis how are you, nice to meet you sir. MR LEWIS: Yeah, I 'm Ronald Lewis, I 'm Burt Lewis' son. I think the application speaks for itself. CHAIRMAN GOEHRINGER: The only thing that I would mention is that is there any appropriate parking plan that you have -at this particular time? There appears to be no designated parking at this site, is that correct? MR LEWIS: No. There' s existing blacktop. There' s no lines on it. CHAIRMAN GOEHRINGER: There' s no lines on it or anything of that nature. Are you still at this particular time parking in front of the building and backing out into the Main Road. MR LEWIS: No, we never backed into the Main Road. .There's plenty of room there to turn around. There' s a lot of room on the side. Page 17 - August 15, 1991 Public Hearing - Burt Lewis, Jr. Southold Z.B.A. CHAIRMAN GOEHRINGER: Would the cars that were being parked in front of this building be normally parallel to the building or would they be diagonally? MR LEWIS: Correct. CHAIRMAN GOEHRINGER: They would parallel to the building. Before you sit down, let' s see. if there's any other questions, alright. Does anybody have any other questions concerning this? Bob? Jim? Serge? MR LEWIS: Thank you. CHAIRMAN GOEHRINGER: Thank you. Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the application? No further questions, I make a motion closing the hearing reserving decision until later. All in Favor - AYE. ' Appl. No. : 4041 Applicant(s) : Donald and Jeanne Grim Location of Property: . 11910 Oregon Road, Cutchogue, NY County Tax Map No. : 1000-83-3- part of 4.4 The Chairman opened the hearing at 8:22 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a site plan from John Metsker licensed land surveyor. The most recent date if February 1, 1990 indicating the site plan. at this particular facility and the special exception and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Grim would you like to be heard. You have nothing to say. Alright, well we always have the questions. So I' ll ask you step up to the mike. I had recently viewed your facility on a Sunday morning about two weeks ago, my question is are you limiting this recycling facility to any specific goods? Will it be, I 'm asking a question and answering at the, same time, and stop me .if I 'm incorrect. I noticed that there were vehicles that you were going to dismantle. Is that correct? MR GRIM: Yes. CHAIRMAN GOEHRINGER: So there will be steel in salvage of steel, aluminum or metals and so on and so forth. MR GRIM: Yes. 4 1 Rage 3 - September 1991 Board of Appeals Special Meeting Matter of Appl. No. 4048 - BURT LEWIS, JR. 3 . In considering this application, the Board also finds: (a) that the relief,1 as conditionally noted below, will not be adverse to the essential character of the neighbor- hood; (b) that the relief, as conditionally noted below, will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (c) that the variance will not create an increase in any dwelling unit density or cause a substantial effect on available governmental facilities; (d) that the relief, as conditionally noted, is feasible for appellant to pursue; .(e) in considering all of the above factors, the interests of justice will be served by granting variance relief, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT relief for a 20' by 20'. addition for expansion of the floor area of the existing principal office use, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the existing bluestone, blacktop or any hard pan cover shall _be removed from the edge of the building and new addition to the front property line and replaced with soil and a planted lawn, perhaps with low shrubs, for appropriate screening of the front area. No vehicles shall be parked at any time in the front of existing building (front yard) . Grass and shrubs must be continuously maintained in good condition at all times. 2. This variance will be held in abeyance pending inspection and written approval by the Board of Appeals. . (No Certificate of Occupancy may be issued until written approval has been issued by the Board of Appeals) . 3 . Egress and ingress shall be to the south/west blacktop or bluestone parking area. VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Dinizio and Villa. (Members Grigonis and Doyen were absent. ) This resolution was duly adopted. lk ^- APPEALS BOARD MEMBERS SCOTT L.HARRIS Gerard P. Goehringer,Chairman �`ys���� } V� a Supervisor Charles Grigonis,Jr. ;� Town Hall,53095 Main Road Serge Doyen,Jr. ' x� -c P.O.Box 1179 James Dinizio,Jr. � Southold New York 11971 Robert A.Villa ' Fax (516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD September 19, 1991 Attn: Mr. Ronald Lewis Mr. Burt G. Lewis, Jr. P.O. Box 983 Main Road NY 11971 �� 3 S' Re: Appl. No. 4048 - Addition at Mattituck Dear Mr. Lewis: Attached please find a copy of the determination recently rendered by the Board of Appeals concerning the above application. Please be sure to return to the Building Department and any . other agency for permits or other approvals which are appropriate for this project. A copy of this decision has simultaneously herewith been transmitted to the Building Inspectors for their files and update. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Southold Town Building Department 6611 C' �- ' an APPEALS BOARD MEMBERS SAFF04 SCOTT L.HARRIS Gerard P.Goehringer,Chairman hy��0 C�Gy Supervisor Charles Grigonis,Jr. c � Town Hall,53095 Main Road Serge Doyen,Jr. C#JP.O.Box 1179 James Dinizio,Jr. Oy �� Southold,New York 11971 Robert A.Villa �j0� �a0 Fax(516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD August 15 , 1991 . S.E.O.R.A. TYPE II ACTION DECLARATION Appeal No. 4048 Project/Applicants: Burt_.Lewis , Jr. County Tax Map No. 1000- 126-1-4. 1 Location of Project: 6920 Main Road , Laurel Relief Requested/Jurisdiction Before This Board in this Project: Approval of office ' addition resulting in expansion of existing nonconforming use and increase in building setback in front yard area . 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. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board' s area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617 .2jj , this Department is j excluded as an involved agency. This determination shall not, however, affect any other agency' s interest as an involved agency under SEQRA 617 .233 . For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. tr M AIki Or Mr.W YQhK) SS: UNTY OF SU OLK) SH'4P"ON eo c said County,being duly or", 32ya that€refs W Principal Clerk of THE SUFFOLK 'DIMES, a Wookly Nowspapeft published at Mattit€rck., In the Town of Southold, County of Suffolk and State of 40W Yew and that Me Notice of WMeh r the annexed l3 a print�cc has been r` J � u +b1 In "Id Newspaper once each wools for Waoks succvsslvely, commencing on the47 �� �$ to �- �� l f prlralpal Clerk II � Sworn to before thh ._ ! � b` of 3 Ttic.11M A.MAGWI N� i M•+tt�•+1 V4t:iW �•�NO'N iQ* OW PIle a l:1 Sul-W;C(Wfdg 0Slam'/14,101 - I .. ti NOT14CE OF EEARINGS the times specified below: more than three rooms on the aeoond- NOTICE IS HEREBY GIVEN, 7:30 p.m- Appl. No. 4043 — floor of the existing dwelling stfuc- pursuana to Section 267 of the Town JOHhi 11.AND GAYLE BIRKItiIIER. tune. Location 49930 Alain Road, Law and the Code of the Town of Special Exception to"Zoning Ordi- Southold,NY;County Tax Map No. Southold,the following matters will dance, Article III, Seccion 100- 1000-70-07-10. be held for public hearings before the 30B(16)for permission to establish 7:35 p.m. Appl. No. 4044 — SOUTHOLD TOWN BOARD OF `Bed and Breakfast Use,"an owner- WII_I_IAM. AILEEN AND JOHN APPEALS at the Southold Town occupied building,other than a hotel, PARROTT. Variance to the Zoning Hall, 53095 Main Road,Southold, where lodging and breakfast is pro- Ordinance, Article XXIH.Section NY 11971, on THUj3SDAY- vided for not more than six eamal, 100-239.4B and Article XX1V,Sec- AUGUST 15- 1991_commencing at transient mcmers,and renting of not Stae Logalz,oaxi page breezeway and garage vVhich will be trice for permission to zuthori7e guy- rtta KC of the lot area for the estab- lot&,eta. in excess of the 20%lot coverage cling and salvage facility,excavation lishment or approval of a second 8:50 p.ra. Appl. No. 4139 — Continued Irom previous page limitation.The subject parcel is suer and drainage yard(pursuant to Town dwelling unit in an existing dwelling CLIPFSIDE ASSOCIATES.ApFesi tion 100-2 48, for approval of deck standard in size and is located in the Board Resolution adopted April 9, structure and for the establishment or for an 10=prcution under the Dtfini- construction tt less rhea 75 feet from R40 Zone District.Location of Prop- 1991.to be used in ecajunctica with approval of a third dwelling unit in don Section of de Zoning CoSe,Airi. the bulkhead and in excess of the any:415 Fishermans Beach Road, those uses conditionally permitted the rear accessory building,both in cle,I,Section 100-13 as natiod totBc 20%lot coverage limitation for all Cr®trlaogtm;also re£eratd to as Lct 7 under Special Exception Wo. 3491 conjunction with multiple business sdjoiniag property owner.as pertains struotures.The subject parcel is sub- on she Map of Peoonic Bay proper- (ZB A resolution adopted June 25, uses and existing tingle-fumily Tesi• to dwa3ling andAir motel user.am Ilse. standard in size and is located in the ties,Inc.(1931)-County Tax Map 1986)-ter oluUWestc ilingefmite- dential unit of this substmndauelparael. installations of cooking facilities. R-407aae Distrim Location of Prop. No.I' -I I1-1-26. fiat newt related offices.Location of Location of premises: 13500 Main Location of Property:61475 r_ttnty arty:2435 Cedar Lane,Fast Malicrr; 7:53 p.rn_ Appl. 'No. 404f4 In Pyolxraty:let Not 2 on Ilve lirxtf Sub. Road,IUYattituck,NY; County Tax Road 4$,$'iretatlsart NY;Crxttty Tax County Tax Map No.I=-37At 9. B1.3)ZT I EV,`1S,Ill. VsHance to tdivisic-Map No.450 arl~B.Glover, i�9ap ID No. 10tI0 L1A-i1�6-11-3.Tf, i4�Iap Fierce ID i�3d1-043-0I i^Oi end 7:40 p.m. Appl. No. 4045 — �++ingOvIiaactce,Article 111,Semi11910 Oregon Rcrad,t`uttlbogue,N`y; subject parcel is vonconfotming in 002(2A),containing appraxrs iz.Jy . GLORIA LOWER'(.Variance to the 100-32 and Article XXIV,SectiC"If Tax N by No. 10W-81-3�rt Bats klawaaiet Stusrtess(HB)?oste Dis- 7.S acres.a ofre I)istriu:Beacon R:st- Zoaing Ordinance, Article YXIII, 100-2,13 for approval of office adof 4.4.oontainiag 4.59 a tes, trict Containing approzimateiy cote. dcraial(RR). Section 100-239rt(B)(or pcnnittian tica resuriniag in an cap-sion of 8:20 p-m- Appl. No. 4042 — half acre;of tow1,01 ayes. Tat Boauvd r,(Appeals vriL'si reid to construct opera-deck addition.to existing rtonconforming use aLAWRFNC.E CERVON. Variance to 8:40 p.rta,. AppL No.3959—MR. taaar<end place 11eaa any and all ptT-'- dwelling structure with a setbz&at increasing the degree of nonconfothe Z44tiag Ordinance.Article KIM, AND MRS-JOSEP1I HARDY.Spa- sates ar Tepfeleantatives dcsiriOR tc be Its$ then 75 fret from the beWiea.d. mince of the building setback in tSectica 100-239.48 forpertnission to cis,aception to the zmiag Ordi- liema-J is the:above ntattem.t�Ad`rsttm The subject parcel is substandard in front yard area.Ike subject parcelowtauuct e"tion to dwelling Wiio,a nanc:e, Article. IX, Section loo- comments may also be sulmitted Si- rand is located its the R-40 Zme substandard in si2c and is locared setbsck at less Chart 75 feet from the 9f%2)(4)to permit either act acces paler to t3te coocluairoft o£t}Se aubpsrt Distract. Location of Fe rt 650 the Agricultural-Conservtions(A- bulkhead. Location of Pros tart so a nment or second dwelli Eaa}a laeariug tvitl 3rcrt star¢ y la y D' I� n7lOak Avenue,Soutlo-old,NY;Ccnarry Zone Discoid• Location o£Propert $eaonic Bay Boulevard. LAU=[; unit over stores,or alternativelytobefore tht times designated abbove. Tax Map Ado. lo00-77-1.2. Also 6M Maio Road,Laurel,NY,CounCounty Tau Map Parcel Nd. I(=- permit nuildple dwelling rue wila For Mort information,piersc Cain$ referwd tq as La Nos.285,284,2S3, Tax heap No- 1000-126-01-4A;al126-11-21.The mbjeet panel is sub- the existing mixed busi- 765-1809. 242.and part of 291 on the Map of refer ed to as Lct Noxs. 1 s4 2 on tstandard bt siau and is locaated ifs cite rtess}rezidentiai structure.Locatticn of bated:July 25.1991. G—Bay Estates(1934). Mup Of Cnorge I Tuthill(19�29) R-40 Zone District prerrtises: 13500 Main Road,Miati- BY ORDER OF'nE 7:45 p.m. Appl.N,4M—MR- 8:15 p.m. App1. No, 4041 — 8:30 p.stt.Appl.No.3959—Nt. tuck,NY; Courary Tax&Iap.IID N®. *sGl;I3lt3l l7'Ib^�'�$IBOhI4l3 C?Ir l AiAII))LIRS.TIKOAAAS iw( �SclCE{pN. DONALD AND JEANNE GRIM. 2ARS.JOSEPH HARDY Vari- I000-114-11.5.-Ar,a,bj a{cattaai is APPEALS GZRAAD P. Variance to the Zoning Ordinance, Amendment to.Spacial Exception ance to dx 7,oning C+adirxrmtc,,Article rsoaraxmitwaing in this hamlet Ek si- GM RINGER CII.F WMAI+T n Aachen X)aV,Scotian 100-2448 fear Approval under.>pIA. No.3491.in IX.Section IW,92,forpumigsices to, y.9219 W) one District #iyLadm Xcrw alsu pest>dnilskm to ccnntruct addition with Iola Ligbi IadtnozW(Ll)Zone Dis- increase the degree Qf®onc'mfor. appemimately 0=41 ref a4m at total 7132-ITAS NOTICE OF HEARINGS is located it thr R 40 Zone Dis trict.Locati' f Property:41 NOTICE IS HEREBY GIVEN, pursuant to Section Fisherman'-__,uch Road, Cut C 0 U N T Y O F S U F F O L,. 267 of the Town.Law and the chogue; also referred to as Lod STATE 01= NEW Y O R K ss: � Code of the Town of Southold, 7 on the Map of Peconic Ba the following matters will be Properties, Inc. (1931); County held for public hearings before Tax Map No. 1000-111-1-26. -the SOUTHOLD TOWN 7:53 p.m. Appl. No. 4048= Patricia Wood,' being duly sworn says that she is the BOARD OF APPEALS at the BURT LEWIS,JR.Variance to Southold Town Hall, 53095 the Zoning,Ordinance, Articlel Editor•, o f THE LONG ISLAND TRAVELER-WATCHMAN, Main Road, Southold, NY III, Section 100-32 and Article a public newspaper printed at Southold, in Suffolk County; 11971, on THURSDAY, AUG- XXIV, Section 100-243 for ap- UST 15, 1991, commencing at proval of office addition result- artcl that llte notice of which the annexed is a printed copy, the times specified below: ing in an expansion of the exist- has been •published in said Long Island Traveler-Watchman 7:30 p.m. Appl. No. 4043— ing nonconforming use and in- o 11 C c ea c h w c e k f o r . . . . . . . . . . . . . . . . . . . . . .l. . . . weeks JOHN H.AND GAYLE BIRK creasing the degree of noncon- I MIER.Special Exception to the formance of the building set- Zoning Ordinance, Article III, back in the front yard area.The S ll C C C S S I V C I y, C o m nt e n c i n g Oil the . . . . . . . . . . :'F . . . . . . . . . . . . Section 100-30B(16)for permis- subject parcel is substandard in sion to establish "Bed and size and is located in the Agri- Breakfast Use;' an owner-oc- cultural-Conservation (A-C) tl,t yi /- 19 cupied building, other than a Zone District.Location of Pro- hotel,where lodging and break- perty:6920 Main Road,Laurel, fast is provided for not more NY; County Tax Map No . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . than six casual, transient 1000-126-014.1;also referredleo, roomers, and renting of not9 as Lot Nos. 1 &2 on-the Map more than three rooms on the of George I. Tuthill (1929). second-floor of the existing 8:15 p.m. Appl. No. 4041— dwelling structure. Location: DONALD AND JEANNE Sworn I o before In a Ill is . •. . . . . . . . . . . . . . . . . . . . clay of 48850 Main Road, Southold, GRIM.Amendment to Special NY;County Tax Map No. 1000- Exception approval under Appl.j 70-07-10. No.3491,in this Light Industrial C c�j- / 7:35 p.m. Appl. No. 4044— (LI) Zone District for permis- WILLIAM, AILEEN AND sion to authorize recycling and JOHI,LPARROTT. Variance to salvage facility, excavation and the Zoning Ordinance, Article drainage yard(pursuant to Town XXIII,Section 100-239.4B and Board Resolution adopted April Article XXIV,Section 100-2446, 9, 1991, to be used in conjunc. . . . . . . . . . . . . . . . .% tip��4��,� � ✓1 c!1! for approval of deck construe- tion with those uses conditional- Notary t a r Public tion at less than 75 feet from the ly permitted under Special Ex- y bulkhead and in excess of the ception No. 3491 (ZBA resolu- BARBARA A. SCHNEIDER 20016 lot coverage limitation for tion adopted June 25,1986)for, a third dwelling unit in the rear NOTARY PUBLIC, St^te of New York all structures. The subject par- outside stockpiling of material, accessory building,both in con- No. 480G846 cel is substandard in size and is and related offices.Location of, junction with multiple business Qualified in Suffolk Coymy located in the R-40 Zone Dis= Property: Lot No. 2 on the uses and existing single-family Commission Expires S/3iJ:Z trict.Location of Property:2435 Minor Subdivision Map No.450 residential unit of this substan- the Zoning Ordinance,Article 1, - of L.B. Glover; 11910 Oregon dard parcel. Location of pre- Section 100-13 as noticed to the Road, Cutchogue, NY; Count mises: 10500 Main Road, Mat- adjoining Cedar Lane, East Marion; Tax Map No. 1000-83-3-part o tituck,NY;County Tax Map ID property owners, as County Tax Map No. 1000-37- 4.4, containing 4.59 acres.t No. 1000-114-11-5. The subject Pertains to dwelling and/or 4-9. 8 20 containing n 1. a es.% motel uses,and the installation p. PP parcel is nonconforming in this of cooking faciliites.Location of 7:40 p.m. Appl. No. 4045= b LAWRENCE CERVON. Vari- Hamlet Business (HB) Zone GLORIA LOWERY.Variance toy ance to the Zoning Ordinance, District containing approximatel Property: 61475 County Road the Zoning Ordinance, Article Article XXIII, Section one-half acre of total lot area. 48,Greenport,NY,County Tax XXIII,Section 100-239.4(B)for 100-239.4B for permission to 8:40 p.m. Appl. No. 3959— Map Parcel ID 1000-045-01-001 permission_to construct oen- P construct addition to dwelling MR. AND MRS. JOSEPH and 002 (2.1) containing ap- deck addition to dwelling struc- with a setback at less than 75 HARDY. Special Exception to proximately 7.5 acres.Zone Dis- ture with a setback at less than feet from the bulkhead. Loca-1 the Zoning Ordinance, Article trict: Resort Residential (RR). 75 feet from the bulkhead.The tion of Property: 8460 Peconic IX, Section 100-91B(2) (4) to u'f he Board of Appeals will at subject parcel is substandard in Bay Boulevard, Laurel, NY;J permit either an accessory said time and place hear any and size and is located in the R-40 County Tax Map Parcel No. apartment or second dwelling all persons or representatives de- Zone District.Location of Pro- 1000-126-11-21.The subject par- unit over stores,or alternatively siring to be heard in the above perty: 650 Oak Avenue, cel is substandard in size and is to permit multiple dwelling use matters.Written comments may Southold,NY,County Tax Map located in the R-40 Zone within the existing mixed busi- also be submitted prior to the District. Hess/residential structure. Loci- No. 1000-77-1-2.Also referred to 1S ing.Each hearing will not start conclusion of the subject hear- as Lot Nos.285, 284,283,282, ' 8:30 p.m. Appl. No. 3959— tion of premises: 13500 Main before the times designated and part of 281 on the Map of MR. AND MRS. JOSEPH Road, Mattituck, NY; County above. For more information, Goose Bay Estates (1934). HARDY. Variance to the Zon- Thx Map ID No. 1000-114-I1-5, . please call 765-1809 7:45 p.m. Appl. No. 4045— 1 ing Ordinance,Article IX,Sec- The subject parcel is noncon- Dated July 25, 19 MR.AND MRS.THOMAS M. 1 Lion 100-92, for permission to forming in this Hamlet Business 1. McKEON.Variance to the Zon- BY ORDER OF increase the degree of noncon- (HB) Zone District containing THE SOUTHOLD TOWN ing Ordinance, Article XXIV, j approximately one-half acre of Section 100-244B for permission I formance of the lot area for the total lot area. BOARD OF APPEALS to construct addition with I establishment or approval of a 8:50 p.m. Appl. No. 4039— GERARD Pt GOEHRINGER breezeway and garage which will second dwelling unit in an exist- CLIFFSIDE ASSOCIATES. CHAIRMAN , be in excess of the 20% lot ing dwelling structure and foO Appeal for an Interpretation BY Linda Kowalski ; �� 1X, 8/8/91 (5) coverage limitation.The subject 5 the establishment or approval of under the Definition Section of . parcel is substandard in size ands - APPEALS BOARD MEMBERS SCOTT L.HARRIS Supervisor Gerard P.Goehrin er Chairman " ' Charles Grigonis,Jr. f�zt_ :-y Town Hall 53095 Main Road Serge Doyen,Jr. i' ' �7 P.O.Box 1179 James Dinizio,Jr. 'k Southold,New York 11971 Robert A.Villa Fax(516)765-1823 Telephone(516)765-1809 ? 1�� Telephone(516)765-1800 BOARD OF APPEALS TOWN Oi SOUTHOLD 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. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy, is always appreciated. 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 By Linda Kowalski Enclosure jA V°Irle Copies of legal notice for August 15, 1991 hearings were mailed to the following 8/6/91: F Mr. and Mrs. John H. Birkmier 48850, Main Road Southold, NY 11971 Mr. John L. Parrott Creative Retirement Planning, Inc. 30 Rockefeller Plaza, Suite 4336 New York, NY 10112 Mr. Burt G. Lewis, Jr. P.O. Box 983 Cutchogue, NY 11952 Gary Flanner Olsen, Esq. (Re: McKeon) P.O. Box 706 Cutchogue, NY 11935 Mr. and Mrs. Thomas McKeon 17 Massachusetts Blvd. Bellerose Village, NY 11761 Mr. and Mrs. Donald Grim P.O. Box 300 Cutchogue, NY 11935 Mr. Thomas C. Samuels (Re: Cervon) Samuels & Steelman ; 25235 Main Road Cutchogue, NY ' 11935 P. Edward Reale, Esq. (Re: Hardy) Twomey, Latham, Shea & Kelly P.O. Box 398 Riverhead, NY 11901 Richard T. Haefeli, Esq. (Re: Cliffside) and Mr. Kenneth Tedaldi 184 Main Street 130 Jessup Ave . P.O. Box 1112 Quogue , NY 11959 Westhampton Beach, NY 11978 Mr. Robert Coady - Mr. James E. Fitzgerald , Jr. 250 Oak Avenue Proper-T Services Southold, NY 11971 P . O . Box 617 , Cutchogue , NY 11935 (included copy of map of deck & neighbor notice Re: Lowery) �oc��FFOLK�oGy JUDITH T. TERRY L Town Hall, 53095 Main Road P.O. Box 1179 REGISTRAR OF VITAL STATISTICS a T Southold, New York 11971 M y Fax (516) 765-1823 MARRIAGE OFFICER Off' Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Zoning Board of Appeals FROM: Office of the Town Clerk DATE: July 31, 1991 RE: Zoning Appeal Appl. No. 4048 - BURT G. LEWIS, JR. Transmitted herewith is Zoning Appeal App. No. 4048 - BURT G. LEWIS, JR. together with Notice of Adjacent Property Owners, the Notice of Disapproval from the Building Department, the Short Environmental Assessment Form, the Zoning Board of Appeals' Questionnaire, and the Survey. ,Map. Judith T. Terry Town Clerk ,14-16-4 f2/871—Text 12 PROJECT LD.NUMBER 617.21 L SCQA Appendix C State Environmental Quality Review SNORT ENVIRONME'NTAL ASSESSMENT FORM PART I—PROJECT INFORMATION For UNLISTED ACTIONS Only (To be completed by Applicant or Project sponsor) 1, APPUCANTlSPONSOR 2. PROJECT NAME 3, PROJECT LOCATION: 1:111'4- Lewis real estate office Munleloallty Laurel 4. PRECISE LOCATION(Street nty Suffolk address and road intersections,prominent landmarks,Jetc-or Provide map S/S Main Road Laurel, '197 feet West of Bray Ave. 5, IS PROPOSED ACTION: ❑New F0 Ezoanslon ❑Modiflcatlonlalteratlon 6. DESCRIBE PROJECT BRIEFLY: 400 Sq.Ft. extension to existing building 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately �w— cres a. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTINGaLAND USE RESTRICTIONS? Ryes . ONO If No,describe briefly Pre existing use 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Residential ❑Industrial r Describe: ,�Commercial ❑Agriculture ❑Park/Forest/Open space woods ®other DOES 10. ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL. STATE OR LOCAL)?INVO ❑Yes 9 No If yes,list a enc permit/approvals 9 Y(s)and p pprovals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes ONO (;yes,list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATIONT ❑Yes No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor na Date: July 30, 19.91 Signature: It 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 (Corti.,.,.,~ - . The N.y.s_ , Of this form Environmental Quality Review Act requires submission . and an environmental review will be made Ly this usion before any action is taken. Oara • ci. SHORT ENVrRONME INSTRUCTIONS NTAt, ASSESSMENT FORM . ; (a) In order to answer the questions in this short EAF it is assumed project that the preaarer will use currently available information concerning the additional and s udieskerely searchtor other investigations s of the action. It is not expected that b) If an ertaken. ( nificant and coy question has been ,answered Yes the project may be sig- pleted Environmental Assessment Form is necessary. (e) 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 to the project site or large physical chance than 10 acres of land? physically alter more --Yes 2• Will there be a major chance to an _NO unusual land fors on the site? y unique or Yes '--'No 3• Will project alter or have a large effect on '— an existing body of water? 4. Will project h ,Yes No have a potentially large- impact on groundwater quality? _Yes -_No 5. Will project significantly effect drainage flow on adjacent sites? , / � • Yes // Na 6. Will project affect any threatened or endangered plant or animal species? es No 7. Will project result in a major adverse effect on air quality? _Yes ' 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas ' known to be important to the community? Yes _LINI o 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical envircnmental area by a local agency? � • Yes v No � 10. Will project have a major effect on existing or future recreational opportunities? _ Yes No 11. Will project result in major traffic problems or cause a major effect to existing transportation /No systems? 12. Will Yes project regularly cause objectionable odors, noise, glare, vibration, or electric ance as a result of the proj al disturb- ect's operation? 13. Will _Yes No project have any impact on public health or safety? 14. Will project —Yes �No affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year period or have a major negative effect on the - Yes /No character of the community or neighborhood? 15. Is there public controvers protect? Y c ncerning the par g • Yes Zo pre er's signature: /1i Representinc• �URj L'• LfL'7N(f ./n. QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached. ) Burt G. Lewis, Jr.-Sole owner B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? ( ) Yes {x } No. (If Yes, pleasE attach copy of "conditions" of sale. ) C. Are there any proposals to Mange = alter land contours? { } Yes {x} No D. 1. Are there any areas which contain wetland grasses? No 2. Are the wetland areas shown on the map submitted with this application? Yes-nn acreage to rear of this property. 3. Is the property bulkheaded between the wetlands area and the upland building area? No 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? W, E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N/A (If not applicable, state "N.A. ") F. Are there any patios, concrete barriers,. bulkheads or. fences which exist and are not shown on the survey map that you are submitting? nerve If none exist, please state "none. " G. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any. co-owner also own other land close to' this parcel? n1, If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel rPa1 PRt.a1P nffirP and proposed use PAM(M July 30, 1991 , Authorized Signature and Date 3/87, 10/901k I § 97-13 WETLANDS § 97-13 TOWN — The Town of Southold. TRUSTEES — The Board of Trustees of the Town of. Southold. [Added &5-84 by L.L. No. 6-19841 WETLANDS [Amended 8-26-76 by, L.L.No.2-1976; 3-26- 85 by 7,T, No.8-1985x A.* TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with,or which border on,tidal waters,or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of-the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and lnw march cordgrms,and/a r (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a"freshwater wet- land,"as defined in Subsection B(1)and lying with- in seventy-five(75) feet landward of the most land- ward edge of a"freshwater wetland." 9705 2-25-s5 BENGEN Uf J {. -14D• SO I : I — i ( R-80 - ;_1 I I A+C ! I! MATTITUCK - f- R-4 Rr 4— I 1 v R-i-80 w.r Hof I LIO R-80 40 B MAIN p0h0 - - I a RIL l7} I E4Mp GR., I I ' 40 1 I A—C G, R-8D w s; j i ( At.0 I r t i i ,' � I R— 0 •' ' - RL801 i r • � +t I Iw• � .R L GREA T PEGOI M BAY I Fair ..�, 0 S uthold Town Board of A PP t$ ii�� /°'= O�'�d SOUTHOLD, L. L, N. Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS ROBERT W.GILLISPIE,JR.,CHAIRMAN M I U T E S CHARLES GRIGONIS,JR. a SERGE DOYEN,JR. Southold Town Board of Appeals I ` TERRY TUTH ILL ROBERT J.DOUGLASS November 30 , 1978 A regular meeting of the Southold Town Board of. Appeals was held at 7 :30 P.M. (D.S.T. ) Thursday, November 30, 1978 , at the Town Hall, Main Road, Southold, New York. There were present: Messrs : Robert W. Gillispie , Jr. , Chair- man; Serge J. Doyen, Jr. Terry Tuthill and Robert J. .Douglass. Also present were: Dick Curtis, Suffolk Weekly Times and Shirley Bachrach, League of Womens Voters . RESERVED DECISION: Appeal No . 2489 . Application of Evelyn C. Olsen, Main Road, Laurel, New York for permission to construct an addition to the existing building . THE CHAIRMAN: Is Mrs. Olsen here. JOSEPH C. CORNELL: We are hereto represent her, tonight. THE CHAIRMAN: We have been, over this with Counsel again and reviewed it in our own minds, and this is definitely an action that . this Board should not grant. Legally, we cannot grant it. I do not think there would be any objection to it, but that is no reason for granting it. We are all in sympathy with Mrs. Olsen. Perhaps the one way the situation could eventually be rectified, but perhaps not in time for Mrs. Olsen, would be if the Tom Board amended the Zoning Ordinance to permit this type of situation. This is strictly a pro- hibited use. It wasn't originally in a business zone. Since the last meeting we have received some guidelines from the State of New York. These are general summations of the effects of all of the legal decisions since zoning first started, and we would be in a position of legislating an action which the Town Board specifically changed. It used to be that we permitted residences in B industrial zones. Gradually one of the reasons this was changed was more and more residences. were going into business zones and industrial zones . So they changed the law. This Board cannot legally grant a variance for a residence in a business area, If Mrs. Olsen would like to withdraw the application without prejudice, to a future application if the Town does eventually change the Ordinance, 1 SOUTHOLD TOWN BOARD OF APPEALS -2- November 30 , 1978 it might be better to do it that way. Or we can just deny it and give the reasons. Here are some of the reasons from the State guide: In any effective zoning program the municipality closely monitors non-conformi uses designed to encourage the phasing out of these uses. Certain realities temper such desires especially when the community is faced with an existing non-conforming use which seeks a variance to rehabili- tate or rebuild its premises . A non-conforming use must not only prove that without a variance it is incapable of yielding a reasonable return" You cannot say that sihce that land is zoned business it cannot yield a reasonable return, which is one of the things you must prove to get a change of this character. That ' s out. It is alreading operating as a business . "It must also negate the possibility of a fair yield from all permitted uses as well. Since these non-conforming uses are often an on-going business or existing structures with inhabitants, munici- palities are often reluctant to construct proposed expansion or to frustrate ambition. Under pressure , Zoning Boards of Appeal have often construed the showing of a rational business or personal need to alter, remodel or repair existing facilities as paramount to demonstrate the unnecessary hardship. Although frequently used to justify cases for - granting use variances as opposed to an area variance. Use variances are far more serious in zoning parlance. Although frequently used as justification for grnting use variances , items such as those listed be- low are significantly insufficient to satisfy the rigid court require- ments for determining unnecessary hardship; Efficient operation of the business , that is not legally a reason. That is one of Mrs . Olsen ' s reasons . Increased income cannot be used. Modernization of the facilities cannot be used. Need for retirement income cannot be used. Increase in family size or desire to build additions cannot be used. All these thi are not permitted as reasons to grant a variance of this type. I do no know if you can .explain it to Mrs . Olsen or not'. JOSEPH C. CORNELL: Are these things recommended .facts here? THE CHAIRMAN: These are guidelines from the State of New York. MR. CORNELL: Guidelines , but they are not. . . . . THE CHAIRMAN: We interpret them as applying here . MR. CORNELL: It is interpretted by this particular Board. THE CHAIRMAN: And by Town Counsel. MR. CORNELL: And by Town Counsel. Fine, now I go along with this . However,' you have a terrific hardship case here, I think you should base it on what the facts are behind it. Because if you can do this with Mother/Daughter homes when they say they are going to have a hardship if they can ' t have it expecially when it is against the Town Ordinances and building code and what have you and they are permitted to put in a Mother/Daughter home due to hardship, I don 't see why this can 't be done . You are not setting a precedent in this particular case. I think if you are going to use guidelines it can be a particular case as you have done with the Mother/Daughter homes . I do not think this should be singled out because you are interpreting this. . .You said thesU SOUTHOLD TOWN BOARD OF APPEALS -3- November 30 , 1978 were guidelines . They are not legal reasons. Your Town Attorney says it probably would not be legal. If it wasn 't going to be legal , he would say it was not straight out. THE CHAIRMAN: They are not legal here. We have never granted a mother/daughter home. MR. CORNELL: We just had about eight of them- in Mattituck go through here. THE CHAIRMAN: What do you mean "gone through"? Do you mean they have been built? MR. CORNELL: They have been built and brought to court, and the matters thrown out . The people are living in them. THE CHAIP-MLAN:- Is that so. I am not familiar with them. I would like to have a list of them. Could you give me a list? MR. CORNELL: . All you have to do is ask Mr . Rich, and he will tell you. He is the one who threw them out of court. THE CHAIRMAN: These were double occupancy on single residences? MR. CORNELL: Mother/daughter operations from what I understand. THE CHAIRMAN: Two different cooking facilities? MR. CORNELL: Mr. Hindermann is the one who served them with the violations . THE CHAIRMAN: Just because Mr . Rich throws a case out of court it is not sufficient reason for us to grant a variance. MR. CORNELL: I aqreewith you. I am not trying to put anyone on the pan here. I am trying to say it is up to you gentlemen to de- termine if this will seta precedent or not. THE CHAIRMAN: When we first started with zoning there were many old houses that could have been converted to two family dwellings. MR. CORNELL: I still agree with that. THE CHAIRMAN: So in the beginning we had nothing in our Ordinance about two family houses. So this Board when they received an application to modernize an old house with an apartment upstairs and one downstairs , rather than have it become run down and a burden on the community, granted variances in the belief that we were helping the Town. We did 4 or 5 of them. Some right here in Southold. We finally had one in Orient. A big house on quite a small lot and a. lot of the people on the street who had rented rooms or who were living in part of a house and using the other part as a business , as in one case , came in and objected to us granting this variance. One brother was to live upstairs , and the other brother downstairs . It was appealed. to the Supreme Court and the Supreme Court upheld us . The Appellate Division upheld up.. When it got to Albany, they SOUTHOLD TOWN BOARD OF APPEALS -4- November 30, 1978 did not uphold us. The Court of Appeals in Albany, which is the highest Court in the -State of "New York; said we were attempting to write legis- lation, and that was not our function. If the Town .Board had wanted two family houses , they would have said so. Since that time the Town did change things and said that if you have twice the square footage you could have a two family house. I think you have a have a point myself. It seems to me that there are quite a few business that can be better run if the person owning the business lived on the premises. I believe that if you present this to the Town Board, you might be able to convince them that the Board of Appeals could do this by Special Exception to the Zoning Ordinance. Right now we cannot do it. The case I just told you about is the only case we ever lost so I remember it. We were acting in the wrong capacity. MR. CORNELL: However, you are empowered to grant certain dis- pensations on some of these applications such as restaurants next to a residential area or lets say a motel. You are empowered to do this. THE CHAIP24-AN: At times. Somehow, some place a Board has to take the responsibility for using its judgment. A Planning Board can draw- guide- lines and say what you, can do here, there and elsewhere. Some place all that information. meshes and that is here. If you want a garage next to a church or a school next to a liquor store, things like that enter into our jurisdiction here. MR. CORNELL: Isn't that applicable though to most things that come here before the Board? Aren 't you still empowered to grant this without going through litigation? THE CHAIRMAN: You can make a wrong decision. THE CHAIRMAN: Now you have answered my question. You do not want to make a wrong decision. You are relying on your attorney to advise you. THE 'CHAIRINIAN: Another reason we do not want to make a wrong decision is because sooner or later someone takes us to court, and I do not know if you have paid any legal bills lately, but they are not fun. There are no fun for the tax payers in the Town of Southold either , which is another reason for us trying to make the right decision. Do you understand? MR. CORNELL: Yes, I do. THE CHAIRMAN: I have seen lawyers charge us quite substantially for things that are already in the files . MR. CORNELL : However , as I said before, would you be creating a precedent because you ruled on this particular application? THE CHAIRMAN: To some extent, we are . We do not like to do things one time. MRS . JOSEPH CORNELL: If I recall correctly when Mrs. Olsen SOUTHOLD TOWN BOARD OF APPEALS -5- November 30 , 1978 presented her case she did say that she and she alone would be the 3 only one who would use this as long as she lives . Afterwards , it would revert back to the business zone. THE CHAIRMAN: We could impose that condition, if we were . permitted to do this in the first place. I do not think this would be a good thing for the Town to have a dwelling unit there indefinitely. It would have to expire. MR. CORNELL : She is 69 . years old now. THE CHAIRMAN: I know. But the next man who buys this property is going to be able to prove he cannot use it as it is intended unless he has this residence. MR. CORNELL: Then what do you suggest for Mrs . . Olsen now? THE CHAIRMAN: I suggest you explain the problem to the Town Board, and see if you can get a change of zone for her property. We are going to have a meeting of all the Boards of the Town in the next couple of .weeks , and I will bring it up. That does not mean you should relax. You should still go and see the Town Board and see what they can do. We can assume then that Mrs . Olsen will withdraw her applica- tion. That would be better than having it denied. On motion by Mr. Gillispie ,. Seconded by Mr . Douglass , it was RESOLVED that Evelyn C. Olsen, Appeal No. 2489 be withdrawn without prejudice. Vote of the Board: Ayes : Messrs : Gillispie, Doyen, Tuthill and Douglass . On motion by Mr. Gillispie , seconded by Mr . Douglass , it was RESOLVED that the Southold Town Board of Appeals approve minutes for the November 9 , 1978 , meeting. Vote of the Board: Ayes : Messrs : Gillispie, Doyen, Tuthill and Douglass. Mr. Andrew Wallin was scheduled to have an informal discussion with the Board relative to a home occupation business . Due to the amount of applications on the agenda, Mr. Wallin said he would wait to have his discussion after the regular hearings were held. PUBLIC HEARING: Appeal No. 2496 - Upon application of Scott Ben Corp. , Main Road, Southold, New York, for a variance in accordance x , SOUTHOLD TOWN BOARD OF APPEALS. -57 � November 9 , 1978 PUBLIC HEARING: Appeal NZYork, U n application of Evelyn C. Olsen, Main Road, Laurel, N w a variance in accordance with the Zoning Ordinance, Artic ulk and Parking Schedule for permission to construct an addition to an existing building. Location of property:. Main Road, Laurel, New York, bounded on the north by Main Road (State Road 25) ; east by Sophie Kander; south by Katherine B. Tuthill; west by H. Pollak. The Chairman opened the hearing by reading the application for a variance to the Zoning Ordinance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, ,and disapproval ' from the Building Inspector. The Chairman also read a statement from the Town Clerk that notification by certified mail had been made to: Sophie Kander, Frank Ritzer and Katherine B. Tuthill. Fee paid $15. 00 THE CHAIRMAN: The applicant has a one story frame office building on the south side of Route 25 , west of Mattituck. The lot size is 104 by 178 feet or approximately 17 ,000 square feet. Located on the easterly side- in 'the front of this lot is the one story frame office building. The proposal is to add a 28 by 24 dwelling unit and attach it to the office building. 28 x 24 is 672 square feet. The Code requires 850 square feet. This is one of the difficulties here. Is there anyone present who would like to speak for this application? Do you have anything to .add. to this, Mrs. Olsen? EVELYN C. OLSEN: I was told I did not need 850 square feet if I was going to enlarge the office. I would be using my living room as part of the office. All I am asking for is a living room, bedroom and kitchenette. This would all go back into the office if I should pass away or move away. I can't keep two places going anymore. I really do need this. THE CHAIRMAN: Have you made arrangements to sell your house? .MRS. OLSEN: Yes. THE CHAIRMAN: Our problem here is 'that this is a dwelling unit in a business zone which is specifically prohibited under the Ordinance. We have investigated every angle that we could to try to help you out. I think everyone is sympathetic. We would like to help, but we do not see how we can. It is simply prohibited to build a dwelling unit there. MRS . OLSEN: The house next to me is not business . That property is residential. On the other side is farm land. Across the street is business property, and there are people living there. THE CHAIRMAN: . People are living in the restaurant? I think there are people living in Goodale' s place. MRS . OLSEN:There are other businesses along that road with people living in the buildings. ' SOUTHOLD TOWN BOARD OF APPEALS -6- November 9, 1978 THE CHAIRMAN: How about to the east of you on the same side of the road? Is there anyone there who runs a business? MRS . OLSEN: No, that is residential on the corner. That is Kander. See , when we bought this it was zoned residential and we had the zone changed. THE CHAIRMAN: When did you buy this? MRS . OLSEN: 1962 or 1963. It used to be a restaurant. THE CHAIRMAN: You built the office? MRS. OLSEN: No the building was there. We just converted it. The office was on one lot. We bought the second lot .so we had more parking area. THE CHAIRMAN: The property to the west of you is zoned agricultural?- MRS . OLSEN: It belongs to part of a farm. It is a big hole. The next house is a big .brick house down next to the trestle. THE CHAIRMAN: The people to the east are zoned business . MRS . OLSEN: No, that 's Kander, and it is zoned residential. MR. TUTHILL: Is there another lot between you and Kander? MRS. OLSEN: That all belongs to Kander. From the corner. to My office belongs to Kander. In back is the sand pit. THE CHAIRMAN: In back of your property? MRS . OLSEN: There is water running to it. At one time it must have been a river from the lake that is down on Peconic Bay Boulevard. When they put Bray Avenue through, `they must have closed it off. THE CHAIRMAN: Well across the street is a restaurant. How long has - the restaurant been there? MRS . OLSEN: They just moved in about a month ago. THE CHAIRMAN: What was there before that? - MRS . 0LSEN: They have been open just a couple of months . . THE CHAIRMAN: But what was there before that? MRS . OLSEN: A private home and a farm stand. They converted the home into the restaurant. I think it is Captain Cooks . THE CHAIRMAN: That is zoned business I think. Business zoning extends for quite a distance there . SOUTHOLD TOWN BOARD OF APPEALS -7- November 9, 1978 s MRS . OLSEN: On that side. THE CHAIRMAN: Our problem is technical with the Ordinance. We do have sympathy for you. Financial hardship is not considered a justifiable hardship to obtain a zoning variance. If it were, everyone would be eligible. There is no one who could not find a financial hard- ship. We realize it would be a convenience to you if you do do this. Legally, I do not think we can. ,I do not see a solution for you here. JOSEPH C. CORNELL: Let's say this addition were increased to 850 square feet. Would it be permissable then? THE CHAIRMAN: No. To me, if this was going to be done, it would be more objectionable to have the full 850 square feet there. Is there anyone else? MRS . OLSEN: Would it make any difference if I split the lots? THE CHAIRMAN: They are zoned business . MRS .OL5EN: _ This is just temporary. How do I. know how long I am going to live. I could be dead tomorrow. THE CHAIRMAN: We might have. trouble on the way home. , 'MRS. OLSEN: I practically live there now. I just go home nights to wash clothes and clean house. It is very hard to keep a 7 room house going. THE CHAIRMAN: I wish we had a solution for you. We spent alot of time with the Town Attorney trying to extract his thoughts. Everyone would really like to do it for you. MRS. JOSEPH C. CORNELL: . Under the circumstances where she is running a business by herself and has no regular employees, she must be there all the time. This is definitely a hardship. It would be a convenience only in the fact that she would be able to answer the door or the phone during hours other than the regular working hours. THE CHAIRMAN: That is a personal hardship connected with the business. MRS . CORNELL: With the two circumstances being involved, this would not make a difference? THE CHAIRMAN: Generally a hardship applies to topographical features. These are area variances . There is a vast distinction between area variances and use variances. Whether a man' s house is put 1 foot too close to the line by design or error, is. really immaterial to the neighbor- hood and will not change the character of it. It would not particularly effect the well-being. of the Town of Southold. What would effect the Town of Southold is use variances. Uses which are rightly or wrongly designated for certain parts of the Town. Is there anyone else? SOUTHOLD TOWN BOARD OF APPEALS -8- November 9, 1978 MRS . OLSEN: Could I use the living room as part of the office? THE CHAIRMAN: Do you mean as to the size requirement?. That would not help. This is a residential use in a business area. This is not pre-existing. You are going to put it there. The Town is sure to have problems with it in the future. And you would too. Rightly or wrongly, the Town' s Ordinance does not allow Mom and Pop type businesses where someone lives over the store, although we know there are many of them here: t MRS. OLSEN: . I have two rooms . What would happen if I took and put a cot there. Could . they stop me from doing that? THE CHAIRMAN: No. MRS . OLSEN: Can I enlarge my office and not live in it? THE CHAIRMAN: You can apply and get a building permit. The only thing is you cannot use it as a dwelling unit. You cannot cook there. You cannot have a stove there. You can have a bathroom. MRS . OLSEN: You mean in the building I have now? THE CHAIRMAN: You couldn't cook there. It creates a residential use. There has to be a line somewhere. For instance people who put up guest cottages on their property have to be allowed some leeway. You cannot have cooking facilities though. You cannot have two dwelling units on one building lot. A judge in Mattituck challenged us on this, and we were upheld all the way through the Appellate Division. MRS . OLSEN: I don't understand how these people can make two-family houses out of brand new houses all over Mattituck. They don't ask for permits , and they have two kitchens. THE CHAIRMAN: That is outside our jurisdiction here. I think we will make our decision tonight, but> I will take this up again with the Town Attorney to see if there is any way this can be alleviated. What you are suggesting would take a change in the Zoning Ordinance. It is a fact that a smaller dwelling unit can be used in a "M" zone. But you . cannot- do it in a business district. Is there anyone else who would like to speak on this or ask any questions. We are very sorry about this Mrs. Olsen. MR. GRIGONIS : Can we reserve decision tonight , and see if we can't research some other things that we may have missed -the first time? THE CHAIRMAN: Certainly. Is there anyone who wishes to speak against this application? (there was no response) . I think we have already given the answers why we must be against this. MRS . OLSEN: Are you saying that we can appeal again? THE CHAIRMAN: What we are going to do is reserve our decision anc;F explore it further. SOUTHOLD TOWN BOARD OF APPEALS -9- November 9, 1978 MR. TUTHILL: Maybe you can think of some other ideas, now that you know what the situation is as far as the Board of Appeals is concerned. On motion by .Mr. . Tuthill , seconded by Mr. Grigonis, it was RESOLVED to RESERVE decision on Appeal No. 2489 until Thursday, November 30 , 1978 , at 7 :30 P.M. 6 Vote of the Board: Ayes: Messrs: Gillis pie, Grigonis, Doyen, Tuthill and Douglass. PUBLIC HEARING: Appeal No. 2486 - Upon application of Richard Wall, 2715 Nassau Point Road, Cutchogue, New York (William J. Jacobs, as Agent) , for a variance to the Zoning ordinance, Article III, Section 100-32 for permission to construct an accessory building in the front yard area. Location of property: Nassau Point Road, Cutchogue, New York, bounded on the north by Felix R. Palmeri; east by Little Peconic Bay; south by Bernard E. Goerler; west by Nassau Point Road. The Chairman opened the hearing by reading the application for a variance to the Zoning Ordinance, Legal notice of hearing, affidavits attesting to its publication in the official newspapers , and disapproval from the Building Inspector. The Chairman also read a statement from the Town Clerk that notification by certified mail had been made to: .Felix R. Palmeri; Bernard E. Goerler. Fee paid $15. 00 . THE CHAIRMAN: This application is on the easterly side of Nassau Point Road. The proposal is to place a garage and. other rooms at least 100 feet from Nassau Point Road approximately adjacent to a smaller garage on the adjoining property to the south. The house itself is located on the easterly portion of the lot. Is there anyone present who wishes to speak for this application? WILLIAM J. JACOBS: I am the builder, and I made the application for this on behalf of Mr. Wall. I see no reason, of course, why they could not have a garage that is back to back with the other garage. It gives them a little view from the garage if they- want to use their guest rooms upstairs. Their children come out and they would rather have a guest house for them than crowding .them all into the main house. This is their summer place like most of the houses on that side of the street. THE CHAIRMAN: What is the total size of this project? What are the dimensions? This says guest rooms and garage. It could be a 3 , 4 , or 5 car garage. MR. JACOBS : It is a two car garage 22 feet wide by 24 feet deep. THE CHAIRMAN: 2 cars. 22 by what? f . L v It U 341 AOUTa Jir4v mw Wmw or As = Felmffi ry Is, 196S f Was held at 700 P.%.. (B.S.T. )• uradimy# p*brmary IS, 1965# 3 mt thg TCawn OffIcee Min LRoad, swtbolds s-ew yv4c, There wexe oa tj messirss eft 4. QiUiad '0 jr0 r appileatum Of A0 ` +his APaac =dance tdo tttltuc , Uewirk, s + i i with the wing ordinlance, Article lid, section 4060 stibmetum Wo ' rty% mmth 31-de mdu Road,, ittttuck,. rvew `ork, 'lot #2, cLf Q.1. Tuthill 4 Oxso. su ividica. Fee zmia $5.+0. The Chalrmm opewil tile heariag by ,ceding amILICation ice' . uoa, 1a3 cacti huaii , affidib a ttestLng to its pWAicatim its the +t Mclza mmapapart, aW notes tothe applicant* G r M CIS r a Is t`.1:ACn anyme P"ment who wish en n to ape" In favcw of this a lie n JVMS QL=1 1 an SUM the Dam IS 28miUM with the situation there* 1 can qot :LWwe out any othez way of doing It. 1 �wm zvmove4 the Wit sign. TM CMUMM la the we amine pseamt wbo wishes to .speak agalmt thia a 1 at n (use was no Vie.) After investigation and in$Lion the Do=4 glade that JaWAS OISM W14m," to exact a .sign on his JA0a►1 Fatate Offices 10=t0d On thS Main, R"4* iU MUStafto This sign tjLU be placed 4n the eaterly utdo mil. The an la of the seam the pertl ' line 24 such that a coign In not mmily corn L9 Plamd on tne ft t of the building. 'Summceding t mQ4 als* -make It AUXImit to am the ll4 ng* and a sign, it it as ,Fuse:" On thO ZXMt Of thO bUSUIA9481 The )3*"4 finds taut this sign w,Ijj be 21- Iwo high by sl Asa lM90 a n4 will be illumimtecU ' e Dowd Zftde that the piiblft COWMAISM0 and alfase and justice will be seed and the ."ally ea►tabllshe4 or Demittad use of net: bb0Chw4 Property and a4jojXWwq rM dieftletewill no be pezmnenUy or subatmtlaLly lnjur t spirit of the OrdUmme wIU .-ba observed. i AMOMW that ass ()Ijson, Min +cane. rplattitucka ** be granted Vemission to exert a wan Sign an the casterrlY Wit. �Of ttt1 Hai"" 10tatsd. SOUtI4 0140 MID feade atti c* 19OW Vote of the acts "went Air. QUILU,P100 MWO UU12040 Mr. 00rM. 3cuthoiiA Town noard ot ;view s n.. � +4 �M M1�� +Se�, 1965 pplicat o +� 1ma Olson. : is vattitu , !�o or a Up'� exception in + 2CLe �i the Zoning �r i1 , <Axticle IV, UM 4CS., Subsection (a), for PezoleaUm to emet an an 9womiaed AJ=Md Sim motion Of rty3 scab side min Roadc mattituck" 3- ow York* 1410t 02 of G.i. Tuthill a ore. oubdivis aid 5.00 ,Tie Chaff Opemod the hWWLUq by a iaq a ►1lccatiM .or a j 1*i0n0 legal nodes of hearing, affidavit attesting to Its Pu4ication in the otticlal newspapgms and notice to the Applicant* �0 Cl&%AMMNs is there and pcesmt who wixhea to a In favor of this application (There was no r ) -ne C.tammm is there and VXammt who wish" to Upeak against this aWlicaaticn? (There uas no rem e.) fte t LnVestigatUM a "SPOCtIOU the Ltd finch that Jame alam wish" to PlaCm a c3romd sign ba 31144 Re" Latate office -g=, qpmrty, located in Hattitucke0 L24ard finrm that #s sin will be lass that Um total, aqua footage that is pamitto r an an prmises business reign, how"ere it wii.i a ltional -4,leisht. ',&PlhLs sign MM43 lume height is order to ;fin traveling in an eas�terl di�r ticon. R AnS16 Of m ZZM4 w4d 'tie Property Ube, embinod w1th the tram c-04 a non-omfo=ing eirmt si f on th* adJQiU XQV*XtY a bid the Vuioft of a sign W Ith normal height. q. W Board finds that this sign will be 7h fmt Wi hY SR-4 t 1 . Board finds that the public commaiance and volftre a d justice will he r d and Wm legally established or permLtted use of notabborhood property and adjoining use Eatricta Will not be yeVMWWUUy Or substantially iUJU3 d and the apirit of tho ordk=ce win bo obvexwd. Southold Town uoard of .nvpea1s T iant,-0tj ibySHX. illls a sac=dmd by Mr. HU106* it 'G " oiaViM that JMWQ Ol s xzln ROad, D tt1tuck. aeW `,Coxk* no gram VOWMASSIM tG 01=t au On Pam" gve=d 3j,18 anpropmty 10cat e4 -south side or the main Reada t tlf~ucxs new vrark- Vote Of the noaSrdt ?,yest-3 ". Gillis'Ple. Mr- application Qf Caboxon Pre rtieS. Inc.. 1Dc.. CUtc ; . a yorks for appecial except1ce In accordance with thO ZQ"1 ordlfteme. ,Article 111. gection 300, $ubsOctUc Ile A rtICIG 1V• acts 400. St tetOD (a)* aor r nim erects a lirectie nal eaten. action Of propertyt south aide of Main ,Oads C utc ue o a4ew jo'rk. 1 north Ba+ s t3a9 t ")y Case Estate, ast by 20getc`� Funeral � e. u� by ewe Zatate. Fee paid $3.00o The Chairmatt a;Arised tb&t thiat application had With irawn , the a licant. pox a conversation between the applicant, and the C%.aixmm of the zoard cc the aftenmDon of Vabruaxy Is, ^mC t rofpertlngie 4 Qe.. a. tw i � y now York, gor a special oxc6pt4an in accord with the zoninej ordiuncces Avtr1cle III# section 300. SubsectIOU 11# saticle IV# scion 4W# sub"etim W• for Permian to ear*ct a directional sign, tacatUm cg prope rtyi th went corn9v of cedars Road. and Mat Suffolk Road, Cutact t. "low y4mke .meted north by C680 tate* mWt by ImwSuffolk none. West by Ca Mato, south by Cedars Road. Poe plied 15.00, TM CMIR V: is there ,anyone P"Dent Who 'rl ai to apeak in .favor of this application? ('rhere was no re spo: . ) TbaC li t s is Mora any oe pnaent who wishes t* OPak againat t�1a application? J re was no r0890nG0 SOL'THOLD TOWN BOARD OF APPEALS -18- July 27 , 1978 The Board finds that strict application' of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship- created is unique and would not be shared by all .properties alike in , the immediate vicinity of the property and in the same use district; and the variance will not change not character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Tuthill , it was RESOLVED that St. Peters Lutheran Church, Main Road, Greenport., . New York, be GRANTED permission to erect an off-premises sign to ad- vertise its annual German Festival. Location of property: Middle Road, Peconic , New York, bounded on the north by Middle Road; east by J. Town- send, Jr. ; south by Long Island Railroad; west by J. Bednoski, Jr. , subject to the following conditions : (1) The sign shall be directional in nature. (2) Sign shall be no larger than 4 feet by 6 feet. . (3) Shall be 5 feet from any property line. (4) Approval of the Suffolk County Planning Commission. (5) The sign may be erected 3 weeks before the Festival date. (6) The sign must be removed within a week after the Festival . Vote of the Board: Ayes : Messrs : Gillispie , Bergen, G.rigonis and Tuthill. PUBLIC HEARING Appeal No. 2444 - pon application of St. Peter' s Lutheran Church, , eenport, New York, for a special exception to the Zoning Ordinance, Article III , Section 100-30 C 6 f for permission to erect an off-premises sign on property of Olsen. Location of property: Route 25 , Mattituck, New York, bounded on the north by Main Road (S. R. 25) ; east by S. Kander; south by K. B. Tuthill; west by H. Pollak. Fee paid $15 . 00 The Chairman opened the hearing by reading the application for a special exception to the Zoning Ordinance , legal notice of hearing, affidavits attesting to its publication in the official newspapers, and disapproval from the Building Inspector. . The Chairman also read a state- ment from the Town Clerk that notification by certified mail had been made to S . Kander; K. B. Tuthill and H. Pollak. THE CHAIRMAN: Is there anyone who wishes to speak for this appli- cation? (there was no response) . Is there anyone who wishes to speak against this application? This sign is for the same purpose as the. last application. The only problem will be that the sign will h:v:_. t :; reduced to 4 feet by 6 feet. That is our maximum size. SOUTHOLD TOWN BOARD OF APPEALS -19- July 27 , 1978 ROBERT WIESEHAHN: It must have been a mismeasurement. The sign will be 4 feet by 4 feet just like the other one. 3 THE CHAIRMAN: The sign itself or the frame? MR. WIESEHAHN: The whole thing. After investigation and inspection the Board finds that the applicant requests permission to, erect an off-premises directional sign to advertise its annual German Festival which is held onfhe second Saturday. of July every year. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique' and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the ordinance. On motion by Mr.. Gillispie, seconded by Mr. Bergen; it was RESOLVED that St. Peters Lutheran Church, Main Road, Greenport, New York, be GRANTED permission to erect an off-premises sign to ad- vertise its annual German Festival. Location of the property: Route 25, Mattituck, New York, bounded on the north by Main Road (S . R. 25) ; east by S . Kander; south by K. B. Tuthill; west by H. Pollak, subject to the following condition: C (1) The sign shall be directional in nature. (2) The sign shall be no larger than 4 feet by 6 feet. (3) Shall be 5 feet from any property line. C41 Approval of the Suffolk County Planning Commission (5) Sign may be erected 3 weeks before the Festival. (6). Sign must be removed within a week after the Festival. Vote of the Board: Ayes : Messrs : Gillispie, Bergen, Grigonis , and Tuthill. PUBLIC HEARING: Appeal No. 2449 = Upon application of Helen Weevnik, Central Drive, Mattituck, New York, for a varance in accordance with the Zoning Ordinance, Article III , Section 100-30 and Bulk Schedule for permission to divide property with insufficient area and frontage. Location of property: Lots Nos. 140 and 147 'Map No. 1672 , Captain Kidd Estates, Mattituck, New York. The Chairman opened the -hearing by reading the application for a special exception to the Zoning Ordinance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read a APPEALS BOARD MEMBERS �p` OG SCOTT L.HARRIS Gerard P. Goehringer,Chairman c y�c Supervisor Charles Grigonis,Jr. cc = Town Hall,53095 Main Road Serge Doyen,Jr. O P.O.Box 1179 James Dinizio,Jr. y?�O aO� Southold,New York 11971 Robert A.Villa 1 �` Fax(516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD February 14, 19,92 Mr. Ronald B. Lewis Burt Lewis Real Estate P.O. Box 983 Cutchogue, NY 11935 Re: Z.B.A. Sign Requirement - Mattituck Real Estate Addition Dear Mr. Lewis: This letter is written as a follow-up to your request for a final inspection in accordance with Condition No. 2 of the Board's September 12, 1991 determination. Also, the "no parking" sign at the front area of the building, directing parking to the southwest side yard area, is acceptable. We are furnishing a copy of this letter to the Building Department for their update and permit application files. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN lk cc: Mr. Victor Lessard, Principal. Inspector Southold Town Building Department ` APPEALS BOARD MEMBERS - 'q SCOTT L.HARRIS Gerard P.Goehrin Supervisor er g ,Chairman Charles Grigonis,Jr. Serge Doyen,Jr. U� Town Hall,53095 Main Road James Dinizio,Jr. P.O.Box 1179 Robert A.Villa -, r� ,. Southold,New York 11971 Fax (516)765-1823 Telephone(516)765-1809 ,�r Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD October 15, 1991 Mr. Ronald B. Lewis Burt Lewis Real Estate P.O. Box 983 Cutchogue, NY 11935 Re: Variance Application - Burt Lewis at Mattituck Dear Mr. Lewis: This letter will confirm that we are -in receipt of the landscaping and blacktop walkway at the front Proposed the subject building for its entire length. The Planas de of proposed is acceptable. Please be sure to contact my office when the improvements have been completed for final inspection and acceptance. Thank you for your attention and efforts to bring the site into compliance. r Very truly yours, GERARD P. GOEHRINGER CHAI R14AN lk cc: Building Department's"� P. S. Please be sure to place a "no parking" sign area , which should direct parking to the southwestaside earea. M4 ) 6 K6VrgEbTrP Meop , ._ <<6vPjfT TA�"T'Wb FROPFJLT L'NF. - - - ---- EX(S i IK 1, .6&9GK TOP w^ i (X�fJ"IN4 Ckn�'!t FO�N,O�Ti ON A�eON &X�S�lKC' CEMENT S�1B �• - EX/r�iNG FovNDyTlory _ OV"I TIW ..V _I 70 0 t2 0 o . 7, RONALD B. LEWIS ! vq Associate Broker I. (516)734-5533 •� h� � 1 t'¢ s' i Main Road—Box 983 Cutchogue,New York 11935 ..0 � r,5:�'��:,. %�; �'+�n;,};"�a:a-`.twe> .N. ��. ••t' :YXh`; ,may. Bt AIRO 06 APPEALS BOARD MEMBERS ���U�F04- SCOTT L.HARRIS O Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio,Jr. Robert A.Villa �' 4 �~ •ter Southold,New York 11971 '1� , Fax(516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD INTER-DEPARTMENTAL MEMORANDUM TO: Planning Board Chairman Bennett Orlowski Attention: V. Scopaz FROM: Board of Appeals 9� Attention: L. Kowalski DATE: November 8, 1991 SUBJECT: Applicability of Site Plan Requirements to Certain Projects with Nonconforming Uses As requested recently by your office, we are furnishing a clarification of our concerns regarding site plan jurisdiction by the Planning Board under Section 100-250 of the Site Plan regulations for nonconforming uses, particularly since the use provisions of the zone districts require site plan applications for conforming uses only. We would like to make reference to. two recent projects that are pending -which involve principal uses, preexisting of the present zoning code and maps and which are both located in the residential zone districts. Since there has been no change in the "use" provisions of the Code in this respect, we merely want all departments to continue with the same answers. The specific use provisions of the district in our zoning code - Page 2 - November 8, 1991 To: Planning Board Re: Planning Board Reviews - Nonconforming Uses, tta,,., are noted as follows for each project 1) Bert Lewis building on the south side of the Mini ROR-& iim Mattituck - zoned Agricultural-Conservation and cc w—a—LOn—s ai nonconforming use as a real estate business office.. The) uae- provisions of the A/C Zone District do not, as we Ina : a7JTa.-= known, specifically_ state that there is a 'requirem ntt: fbm.- site plan approval by the Planning Board. 2) Homayuni & Kapotes (1000-135-2-22) , which is zmn R�40 residential and the preexisting use is conformingLnffem: 100-30A.2(B) with a two-family occupancy, although t113m10,� SI.zm and setbacks are nonconforming. The Homayuni & Kaq .. 1:rol t is under the current zoning code a conforming use, aEsao) onA as nonconforming lot. You will note that this use is u=miIti=jffCd in the use provisions of the R-40 District and spmdfIaa2ITgyJ requires site plan approval by the Planning Board. Both projects have had decisions rendered by the Rudd. aE Appeals, and at this time have not received buildixzqj paxmLt--3 f= the proposed new construction. Please provide us with a proposed schedule that wa ildi. app2iyj fb nonconforming-use situations (with the fees for tke; spa andl ai maximum time frame in which applications for 'this lt�- o:fl_ s&ttav plan review would be processed and finalized thro�:x� your: office) . Following receipt of the proposed schedule, we wiJL ff m then-• communicate and advise. GG: lk cc: Harvey A. Arnoff, Town Attorney Matthew J. Kiernan, Asst. Town Attorney Building Department, Attn: All Building InsSQ-=ft == r BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of — Burt G. Lewis, Jr. NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: Rose Polia . �j j}��j Cd T/� PROPERTY OWNER 100 Lakc re Drive C D Jp Nort 'Palm Beach, Fla.'''33480 s YOU ARE HEREBY GIVEN NOTICE: 1. Th the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a Variance (Special Exception) (Special Permit) (Other) [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: 6920 Main Road (near Mattituek) Laurel Tax Map#1000-126-1-4.1 3. That the property which is the subject of such Petition is located in the following zoning district: Agricultural-Conservation 4 That b.y such Petition,.the undersigned will request the following relief: approve addition ' to real estate office 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 1 QQ-32 and Art XXZV Sec. 100-243 [ ] Town Law for approval of access over rights)-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) 765-1809. 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-Mat tituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 30, 1991 Petitioner owners Names Lewis, Jr. Post Office Address { P.O. Box q83. Main Road « ' CutehcxmP. N.Y. 11935 Tel . No . ( 516 ) 734-5533 [Copy. of sketch or plan showing proposal to be attached for convenience purposes . ] y�y�`a � a f P K •h'S+ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAM E ADDRESS ® P 733 437 361 ; P 733 437 31,E P 733 437 363 , Certified Mail Receipt Certified Mail Receipt No Insurance Coverage Provided p Certified Mull Receipt No Insurance Coverage Provided No Insurance Coverage Provided ® Do not use for International Mail M Do not use for International Mail UNREDTAL STATES (See Reverse) UNITED �� Do not use for International Mail POSTAL SERVICE POSTALSERVICE (See Reverse) UNREO STATES (See Reverse) Sent t0 .� p Sent to PoSTALSERVN:E 1 0 P�l �A�l K O S V Sent to F f D L L, K i�'q Th'F�l Alp TU TN/LC Street&No. Street&No. d Q �Q�� �vF� (J O Street& . itfl C9rr 1, 0ARPK� 11 P.O.,State&ZIP Code P.O.,State-&ZIP Code L L/A E L ���[�� P.O.,State&ZIP Code i p i Tg /19 c �"I �F F� 3 3S fti1 R-� A !9 Postage Postage , Postage Certified Fee �p Certified Fee 17 L? Certified Fee a 0 Special Delivery Fee Special Delivery Fee Special Delivery Fee I Restricted Delivery Fee Restricted Delivery Fee Restricted Delivery Fee Return Receipt Showing Return Receipt Showing to Whom&Date Delivered Return Recei � i to Whorry8rdr"'6e7ivered '— Return Receipt shewlo .to Whom, Retuf Whom, Date,&Ag[dress°Mv v Re Return Cop- ' ��y - Date, s of D I've• Da TOT �fyost 9c— :'A,y' n osta / C &tsee9 Fe g " TOTA Po ge v OC • Go Aoslrgfirk or Date"1��� � ost rk &Fe ,a M �G Postm rk o 4671 STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) Burt G. Lewis, Jr. , residing at P Q Box 983 Main Road Cutchogue, N.Y. 11935 being duly sworn, deposes and says that on the 30f-,]L day. of July , 19 91 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- fic ;that said Notices were mailed to each of said persons by (certified (registered) mail. Sworn to before me this day of fig. Notary li GARY FLANK DLSEN Notary Public,State of New York No.52-2959600 Qualified in es zrcho30ry1Z� commission ExP (This side does not have to be completed on form transmitted to adjoining property owners . ) ;, �, ., .M � y LL r Q - �