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HomeMy WebLinkAbout3917~/.s ,lain Rd. & E/s Depot La. #3322 L i ~e~ ~ k~, ao s~-p h~ ~[i~Za~ ~ /~5 3322~ Special. exception hearing~_to con.~en~e.con,- cerning establishment of ?cquetball/ p~iv'ate ~embe~sh~p "~'~ ~:'~/~ 3350 V, ariance to construct building ~f.or private ~N. membership with an insufficient s~tback ~ �19 APPEALS BOARD MEMBERS e.—i � iyx ✓ .sal n• t, SCOTT L. HARRIS �i� i�� �;��n p. Gerard P. Goehrin er, Chairman s_ - Su ervisor Charles Grigonis, Jr. Town Hall, 53095 Main Road Serge Doyen, Jr. Joseph H. Sawicki P.O. Box 1179 James Dinizio, Jr. BOARD OF APPEALS Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 3917 Matter of UMBRELLA HOME CARE. Variance to the Zoning Ordinance, Article VII, Section 100-71 C, as disapproved, for permission to construct a sign, proposed sign is not permitted in this Residential/Office (RO) District. Property Location: 28455 Main Road, Cutchogue, County Tax map No. 1000, Section 102, Block 02, Lot 12.1. WHEREAS, a public hearing was held and concluded on March 15, 1990 in the matter of the Application of UMBRELLA HOME CARE under Appeal No. 3917; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded.; and WHEREAS, the Board Member have personally viewed and are familiar with the premises in question, . its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the north side of Main Road, Route 25, Hamlet of Cutchogue, County Tax Map No. 1000, Section 102, Block 02, Lot 12.1. 2 . This is an application for Variances from the Zoning Code Article VII, Section 100-71 C, as disapproved, for permission to construct a sign, proposed sign is not permitted in this Residential Office (RO) District. Page 2 - Appl. No. 3917 Matter of UMBRELLA HOME CARE Decision rendered March 29, 1990 ' 3. Article VII, Section 100-71 C, of the Zoning Code, accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: 4. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; and placing the proposed sign in any other location on the premises will require other variance relief; (c) that the area chosen for the sign is not unreasonably located; (d) that the variance will not in turn cause a substantial. effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Dinizio, it was; Page 3 - Appl. No. 3917 Matter of UMBRELLA HOME CARE Decision rendered March 29, 1990 RESOLVED, to GRANT a Variance in the matter of the application of UMBRELLA HOME CARE under Appeal No. 3917 , SUBJECT TO THE FOLLOWING CONDITIONS: 1 • That the sign not exceed 17 inches in height and 35 feet in length. 2• That the sign will be attached to the back of the . porch posts from one beam to another. 3 . That the elevation level from the ground be approximately 6 feet 10 inches in height from grade. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki, and Dinizio (Absent Serge Doyen) . This resolution was duly adopted. * * * f df GERARD P. GOEHRINGER, CHAIRMAN I PCs 1 � t Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Taw and the Code of the Town of Southold, the following hearings. will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, MARCH 15, 1990, at the following times: 7 :30 p.m. Appl. No. 3917 - UMBRELLA HOME CARE. Variance to `. the Zoning Ordinance, Article VII, Section 100-71 C, as \ i disapproved, for permission to construct a sign, proposed sign I 4 is not permitted in this Residential/Office (RO) District. Property Location: 28455 Main Road, Cutchogue, County Tax Map '-No 1000, Section 102, Block 02, Lot 12.1. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 15, 1990 7 :35 p.m. Appl. No. 3909 - JOSEPH CORNACCHIA. Variance to the Zoning Ordinance, Article III, Section 100-33, as disapproved, for permission to construct an accessory shed in frontyard Area. Property Location: 835 Kimberly Lane, Southold, County Tax Map No. 1000, Section 070, Block la, Lot 20.5. 7 : 40 p.m. Appl. No. 3916 - GEORGE REINHARDT. Variance to the Zoning Ordinance, Article, III, Section 100-31, as disapproved for permission to construct deck addition, proposed construction exceeds permitted lot coverage and has insufficient setbacks from property line. Property Location: 1380 Pvt. Road # 3 Trumans Path, East Marion, County Tax Map No. 1000, Section 31, Block 12, Lot 10. 7: 45 p.m. Appl. No. 3906 - CHARLES COLOMBO. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 B, as "disapproved, for permission to construct a deck addition to existing dwelling, proposed construction will have insufficient sideyard setbacks. Property Location: 350 Oak Street, Cutchogue, County Tax Map No. 1000, Section 136, Block 1, Lot 48. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 15, 1990 7: 50 p.m. Appl. No. 3903 - LINDA DAMBASSIS. Variance to Zoning Ordinance, Article III, Section 100-33, (Article XXIII, Section 100-239.4 (A) , as disapproved for permission to construct accessories' garage, pool and additions to dwelling in frontyard area. Property Location 2430 Dignan' s Road, Cutchogue, County Tax Map No. 1000, Section 83, Block 2, Lot 7 .2. 7 : 55 p.m. Appl. No. 3912 - EDWARD AND CORRINE BIRDIE. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 , for permission to construct additions to one family dwelling, proposed construction will have insufficient side yard setbacks. Property Location: 380 Parsons Boulevard, East Marion, County Tax Map No. 1000, Section 037 , Block 01, Lot 17 .1. 8: 00 p.m. Appl. No. 3911 - WALTER RAFFERTY. Variance to the Zoning Ordinance, Article XXIV, Section 241A, (Article XXVIII, Section 100-281 ( 3) , as disapproved, for permission to -construct additions and alterations to garage with apartment. Property Location: East End Road, Fishers Island, County Tax Map No. 1000, Section 3, Block 7, Lot 5. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 15, 1990 8: 05 p.m. Appl. No. 3924 - MICHAEL HERBERT. Special Exception to the Zoning Ordinance, Article IX, Section 100-91 (B) , for change of use from Bed and Breakfast to a three family dwelling in this Hamlet Business (HB) District. Property Location: 795 Pike Street, Mattituck, County Tax Map No. 1000, Section 140, Block 2, Lot 23 . 8:10 p.m. Appl. No. 3918 - JOHN AND CATHERINE SIMICICH. Special Exception to the Zoning Ordinance, Article III, Section 100-31, for permission to have a winery for production and winery sales. Property Location: 4250 Bergen Avenue, Mattituck, County Tax Map No. 1000, Section 121, Block 1, Lots part of 001. 8:15 p.m. Appl. No. 3907 - NICHOLAS ALIANO. Variance to the Zoning Ordinance, Article III A, Section 100-30A.2 (Article XXV, Section 100-253 A) , as disapproved, for permission to construct "a retail office complex, proposed construction is not permitted in this R-40 Zone District. Property Location 29950 Main Road, 30 Pequash Avenue, Cutchogue, County Tax Map No. 1000, Section 102, Bloc 03, Lot 01. Page 5 - Notice of Hearings Southold Town Board of Appeals � Regular Meeting of March 15, 1990 8: 20 p.m. Appl. No. 3915 - JORDAN'S PARTNERS. Variance to the Zoning Ordinance, Article VII, Section 100-71, as disapproved for permission to construct office and retail stores, proposed construction is not a permitted use in this District. Property Location: 1000 Main Street and 160 Main Road, Greenport, County Tax Map No. 1000, Section 34, Block 2, Lot 1. The Board of Appeals will at said time and place hear any' and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated March 6, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN by Doreen Ferwerda i • FORM NO.3 , TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date . ,�.//�o... . . . . . . . . . . . . . . .. 19 , . . To � PLEASE TAKE NOTIC that y ur application dated . . . .I./., ., 19 for permit to ! ` . .G:C. . . . . . . at Location of Property Q•fiy/ , fP House No. . . . . • S S reef ' . . . . . . . . . . . . . . . . . . . Hal Mt County Tax Map No. 1000 Section /0. • Block . . . . . . .. . . Lot . . .,1;.2-f.1, Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . Lot No. . . . . .. . . . . . . . . . is returned herewith and disapproved on the following grounds . Ll (� • L��G 000 . . . Leo- . . . . . . . . . . . . . . . . . . . . . . . .L�??�' . . . . . . '' . . . . . .�- • . . . . . . . . . . . . . . . . . . . . . . . . uil ing• spector- � RV 1/80 C. TOWN OF SOUTHOLD, NEW YORK R E C El V E D APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO FEB 1 1990 DATE ......112.2/.H........ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Soulhold Town Clerk 1, (We) ..U.m.4.Cejj. ...H. . . .. . .. . .. . . . .. . . . . .ue .a,re Service , o� . ......2 . . . ..M. .... . . . . cg. g .....N.Y'. Name of Appellant a/c Depot Enterpris14rseet and Number ............. C u t c.h o.9 u e............................................... New York ..HEREBY APPEAL TO ........... .... Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ...........:1.0./. 4/..89........................ WHEREBY THE BUILDING INSPECTOR DENIED TO Umbrella Home Care Sery i.ce.,.. Ltd Name of Applicant for permit. of28455 Main Rd . ,.: Cutchogue , New York 11935 Street and Number Municipality State ( ) PERMIT TO USE . PERMIT FOR OCCUPANCY (xx) SIGN 1. LOCATION OF THE PROPERTY ..UA..MA 1... d........ .....N.; Y . Map ................................. Street /Hamlet / Use District on Zoning Map District 1000 Section 1 O 2B1 ock 2 Lot 12 ..................................................... ... ................&rrent Owner Joseph Lizewski 2r � Mop No. Lot No. Prior Owner 102 12 . 1 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 VII Section Section 100-71 -C 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (Xx) A VARIANCE to the Zoning Ordinance or Zoning Map'' ( ) A VARIANCE due to lack of access (.State. of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ( ) 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X� A Variance to the Zoning Ordinance is requested for the reason that strict compliance to Article VII , Section 10 0- 71 -C would cause undue hardship to this business . Form zs1 (Continue on other side), REASON FOR APPEAL Continued 4 °° 0 ;3 1;; �STRIGT'APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the type and nature of our business needs the exposure ta,of�: a;';m;atiin, road in a nice gentle business community . We must provide and project to our customer a 'high 'fe'vel of confidence and ``sec'urity . Therefore , I would like to attach a brief descriptive sign on t:he building . O.ur' services ' cannot be abbreviated to one descriptive word . We have two major markets , senior citizens and summer home res.idents. .: Our senior citizen program is designed to, reduce home main- tenance-cost and provide peace of mind for the elderly which in turn will allow them to afford to' stay in their homes longer and will help -.s.up'p,ort our:.commu.nity.: Summer home residents-we watch over their homes while they are out of -the area . This ser-vice provides them wit'h peace of mind -when they are out of the area and reinforces ,the serenity and . charm of the North fork . 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 there are not many businesses �or store fronts in Cutchogue and most. have the type of- sign- I am' re- .q.uesting . . The previous tenant at this location, Top 'Sa,il , Realty , . had - the same type of sign in the same location as I - am applying for- I was renting a back office from the landlord when. I - first ope.ned, i:n April. ' 88 . I have. been `developing my business and looked forward to moving on to the main road- for the added exposure . I never realized . r there wouid, be a problem with a sign because there was a sign at this: location-•I u:nderst'and t'h'i.s property. hfad been rezoned' duri.ng this per.iod. . of,. time . , 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CE.1ARACTER OF THE DISTRICT because. the .other business fronts in . this area have similar signs . STATE OF NEW YORK ) ssa,.. ..�... ... ... �:......... ................... COUNTY OF ) Si nat Swornto this ............�.h............................ day of.............� ...... ................. .... 19 .. Notary Public CA"OLYN A. SC�711 NOTARY PUiLlc, STata of No- York Qualified in Suifollc ounty_ p commission Exires ::}.. ✓"� r.-• �:� 2� 'r-�. :3,� 'i` +„ r .2-r -er3;:,,y:�,•{I;v. y_ t'. ;��,�y4771 ,.._ .�. :., c ''' v..- f rt .gip ;jn ':� ;,,T,t,. �YL-_ti ,;s S„;.. dr..:r`jjt"•�lifY- .J'r e •;Se-'i yrn p.. ,14'1�--'' Z..� �: .s.' ,. - • ty iiif O!�:•�r•'�� J i_ �^�.�.., _ _c. r i �' 'r .t;^r.: e ' - «.. .< ) e ' a : .,� ic yam,. �y'.''°► 12 TOWN OF ,SOUTHOLD PROPERTY' ' RECORD�CARDj raw {r ' rf.r3,r OWNER STREET,,' VILLAGE " � DIST. SUB. LOT ;Se Inc • .L 'A led a d 0 vfc o ve /2 .exe �_f`ze FOIiMER OWNER t' ZeuvS IC. N;, E, ACR. '�/4Cf►/' �'n QV . .. .,,r. ,.:'� o-S:��NHG --Ji G 3a I . , ` .•r' �• '/ 1 S W, , \:Dep f q,He — TYPE OF BUILDING ! l 4-0•w•d /� �, .PTO O�VlCZ % '�^ =`+''C1N0'' :i. �i •1�: /Z�'"�sk�.. RES. SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE' REMARKS AO S'a o/P..��e� 6 eae Cghoet . lJraJA ��c lr� � /�►la .,a„Celaw6vr �6 Y7QQ 7660 J 7d 0St, d/1�63 �o>r 3L 466 %T cTi-. l 8dD ,2 0 K7 d D J 3 3 70 //3/77 0 W& r, t,PfIPpTE �r�� ct� / tl 0 0 3 ! o'p Y & Sa '� �3 aues 4-o � NHe 1-�i�ev 838a ca 156' 2o,�UG_) a o.. 3100 .3 0 6 .3 /9 1//3 S././PCs;eaa —� • iiewsii 4;1.Sd13 A3 o U Cp ��� s/�9 �3 ,C•�' /a 33 7 - / I GCON DTO .43 ' c, N ORMAL� BFLOW� p iZ z - iL l Co R q iat�l CLi�$�11 . 'D Utx1 FARM Acre Value Per Value Tillable 11Te- :-7&4 JS u 27 6P*1 mave barn IOLm main b lc>(•✓ _ Tillable 2/St 3 e �ls - 1D 33(7- �C� Ihf ' aAans, TAG rN Tillable 3 Woodland Swampland FRONTAGE ON WATER... , / '% _ /gip ,r. `i -3 @ � /S/ FRONTAGE ON ROAD f! 0 1,7�� JZ 0 Brushland 0 , jY? a-�- House Plot DEPTH a; .--• BULKHEAD Total •,.,�. DOCK t y r '. �// y r q r �;e}t.) ",j, tcl3.=u �_ ----••- 1 �t � k ��: /�"I• Y�tlZ�"� 4; ��,, ���.... -u`: t C .•i .,``^''.' ;. ;:r, _�{'� y =r zi ,i 5 ..3i� ;t, .�• ..a`. '�', .gyp ). •:� .•y. COLOR y TRIM 3 , F l � 1 u S 0 McC) - - - - ' ` _.r ,�"l�,,..r•-ate-� ERr � „ki ?; „f,�N+'�t rf .•�i ,r / �. 2Z /� " p M. BW9 ;� v 3 y�Fouridation Bath / Dinette i Extension Basement Floors L K. ._; . ,.. x I C 2-4b 1r , 2� 4 qS. ' � C✓v n a e : Extension Ext. Walls ^ ' Interior Finish �� LR. - "rsb 3 � n�. F�xfe�,n�Sio ,h ~o: � = g �,ZS 375 Fire Place �S Heat DR. 3Ld 4 ype Roof ,� � Rooms 1st Floor BR. RSE �44JC foZ=Z7 Z8ZS I�1 O U ecreation Room Rooms 2nd Floor FIN. B. 1 Dormer Breezeway Driveway Garage 7-I ?7 Patio 15 O. B � . Totp -77 47 r+; 4 nt T.L;'7'tr• a..v4p.Y, 1 r\�•-"�� �I.F —�� 1 ` may � ,00 liyJ.c, PLANNING BOARD MEMBERS Ri 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 PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 MEMORANDUM TO: Gerard P. Goehringer, Chairman, Board of Appeals FROM: Bennett Orlowski, Jr.-30 ChairmanVV DATE: April 30, 1990 RE: Umbrella Home Care SCTM# 1000-.102-2-12.1 A variance was issued on March 29, 1990, (application No. 3917) , for a sign for the above referenced applicant. The Planning Board has not reviewed this sign for conformance with the Town Code, Article XX, 100-201-E. Future requests for sign variance should have prior Planning Board approval. PLANNING BOARD MEMBERS ` m 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 PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 MEMORANDUM TO: Gerard P. Goehringer, Chairman, Board of Appeals FROM: Bennett Orlowski, Jr. qv'I J5 Chairman [�� DATE: April 30, 1990 RE: Umbrella Home Care SCTM# 1000-102-2-12.1 A variance was issued on March 29, 1990, (application No. 3917) , for a sign for the above referenced applicant. The Planning Board has not reviewed this sign for conformance with the Town Code, Article XX, 100-201-E. Future requests for sign variance should have prior Planning Board approval. COUNTY OF SUFFOLK GC� CSOMCE APR 9 0 a y90 1 PATRICK G. HALPIN 2 SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING 360-5206 April 18, 1990 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) harles Colombo 3906 Joseph Cornacchia 3909 Umbrella Home Care 3917 Michael Herbert 3924 Very truly yours, Arthur H. Kunz Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE. U.. NEW YORK 11758 (516)360-5192 _ _ 1 is Southold Town Board of Appeals o zz$ ®�` MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONISIGONIS,JR. SERGE DOYEN, JR. 06' JOSEPH H. SAWICKI JAMES DINIZIO, JR. TO WHOM IT MAY CONCERN: r Enclosed herewith as confirmation of the time , date and place of the public hearing concerning your 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 times allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, 00 BARD P.ZG01 I�R CHAIRMAN �✓ df f APPEALS BOARD MEMBERS ® 4,� y : 'sxr ►r SCOTT L. HARRIS V a • Supervisor. Gerard P. Goehnnger, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. � .,..� � Town Hall, 53095 Main Road P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 Pursuant to Article XIII of the Suffolk 'County Charter, the Board of Appeals - of the Town of Southold , New York , hereby refers the following to the Suffolk County Planning Commission : XX Variance from the Zoning Code , ArticleV'II , Section 100-71 . 0 Variance from Determination of Southold Town Building Inspector, Special Exception , Article Section Special Permit Appeal No . : 3917 Applicant: Umbrella Home Care Location of Affected Land : . 28455 Main Road , Cutchogue , NY County Tax Map Item No . : 1000- 102-02-12 . 1 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay , Sound or Estuary) XX State or County Road , Parkway , Highway , Thruway Boundary of Existing or Proposed County , State or Federally Owned Land Boundary of Existing or Proposed County , State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines , or Within One Mile of a Nuclear Power Plant _ Within One Mile of An Airport . COMMENTS: Applicant is requesting permission to construct a sign which , is not permitted in the Residential /Office District Copies of Town file and related documents enclosed for your review. Dated : April 17 , 1990 APPEALS BOARD MEMBERS SCOTT L. HARRIS �, a Supervisor Gerard P. Goehnnger, Chairman onis, Jr. ,�� Charles Gri a g _ �,� � � Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 : April 16 , 1990 Umbrella Home Care 28455 Main Road Cutchogue , NY 11935 Re : Appl . No . ' 3917 - UMBRELLA HOME CARE Gentlemen : Transmitted for your records ' is a copy of the recent determination rendered by the Board of Appeals concerning your application . Please be sure to return to the Building Department and all other involved agencies for proper permits as may be necessary before commencing construction activities . A copy of this decision has simultaneously been transmitted to the Building Inspectors ' Office for their files and update . Yours very truly , GERARD P'. GOEHRINGER CHAIRMAN By Doreen Ferwerda Enclosure Copy of Decision to : Building Inspectors ' Office Planning Department County Planning Department 1 2 2 THE CHAIRMAN: This is the regular .. 3 public hearing of the Southold Board of 4 Appeals . 5 The first appeal is on behalf of g Umbrella Home Care, Appeal Number 391.7. The 7 legal notice reads as follows: 8 Upon Applicant Number 3917 , Umbrella. 9 Home Care. Variance to the Zoning 10 Ordinance, Article VII , Section 100-71C, as 11 disapproved, for permission to construct a 12 sign, proposed sign is not permitted in this 13 Residential/Office space (RO) District. 14 Property Location: 28455 Main Road, 15 Cutchogue, County Tax Map Number 1000 , 16 Section 102 , Block 02, Lot 12 .1. 17 I have a. copy of a sketch of this. 18 proposed sign. We did ask because there is 19 a marquis in the center approximately five 20 feet in length and it is elevated above the 21 ground. I have a copy of the Tax Map in- 22 dicating this and surrounding properties 'in 23 the area. 24 Would anybody like to be heard: on 25 behalf of this? 1 3 2 MR. COSTANZO: Could I ask you a 3 couple of questions about the sign? 4 THE CHAIRMAN: Sure. For the record, 5 state your name for the stenographer please. 6 MR. COSTANZO: Robert Costanzo. 7 THE CHAIRMAN: I have -three inches 8 and three inches , and one foot three and a 9 half inches. What is the approximate size 10 of this sign? 11 MR. COSTANZO: I didn' t look at the : 12 number today, but it matches . It is within 13 the conformance, the lineal footage. 14 THE CHAIRMAN: Could you give us a 15 call tomorrow and give the total size, 16 including the borders on the sign? 17 MR. COSTANZO: Yes . 18 THE CHAIRMAN: And the elevation 19 above the ground is how much? It doesn't = 20 show it here. 21 MR. COSTANZO: I will give that also. 22 THE CHAIRMAN: Now, where approxi- 23 mately on the premises are you placing it? 24 MR. COSTANZO: It is going on Cl . . 25 there is an extension . . . the porch 1 4 3-� 2 extension . . . between the columns . It will 3 be within the columns itself . 4 THE CHAIRMAN: In the center, more or 5 less? On one side or . . . 6 MR. COSTANZO: It' is going in between a. 7 each column. It will be one long sign 8 placed so it centers in between each column. ; 9 The only area that there is some confusion, 10 I noticed on the drawing today the architect f 11 shows the handle of the .umbrella coming 12 down. That would be an objection of the one 13 way,. and it would be omitted. 14 THE CHAIRMAN: You are having Umbrel- 15 la Home Care Service . . . or each one is 16 going to say Umbrella Home Care Service? 17 MR. COSTANZO: The center will say 18 Umbrella Home Care Service and each plaque 19 coming down will have a description of each 20 individual service it is providing. 21 THE CHAIRMAN: Okay. You gave us the 22 other information. 23 Do you have any questions on this? 24 MR. DINIZIO: No, _ none at all . 25 THE CHAIRMAN: I think that's all we 1 5 �-J 2 really have. my problem is that for some 3 strange reason I just couldn' t identify. with 4 the signs . I apologize. 5 MR. COSTANZO: The architect didn't 6 put the dimensions in, but it does meet with 7 them. I 've got the dimensions. 8 THE CHAIRMAN: Thank you very much. 9 Anybody else that would like to be 10 heard on behalf of this application? 11 Anybody that would like to speak 12 against the application? 13 Seeing no hands , I make a motion 14 closing the hearing, reserving decision 15 until later. All in favor? 16 MR. GRIGONIS: Aye.. 17 MR. DOYEN: Aye. 18 MR. DINIZIO: Aye. 19 THE CHAIRMAN: Second, anyone? 20 MR. GRIGONIS: Second. 21 THE CHAIRMAN: We are closing the 22 hearing subject to receiving additional 23 information which is his response to the 24 actual lineal footage of the sign. Thank C1 25 you. o Gy Southold Town Board of Appeals . • MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y:. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. March 15 1990 SERGE DOYEN, JR. S.E.Q.R.A. JOSEPH H. SAWICKI JAMES DINIZIO, JR. TYPE II ACTION DECLARATION Appeal No. 3917 ; Project/Applicants: Umbrella Home Care County Tax Map No. 1000- 102-2-12. 1 Location of Project: 28455 Main Road , Cutchogue , -NY Relief Requested/Jurisdiction Before This Board in this Project: Erect a sign- .not permitted. in Residential /Office District. 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 excluded as an involved agency. This determination shall not, however, affect any other agency' s interest as an involved agency under SEQRA 617 .2jj . For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at ( 516) 765-1809. tr I yb /z/ c� Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 JUDITH T.TERRY '� FAX(516)765-1823 TOWN CLERK TELEPHONE(516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 3917, DEPOT ENTERPRISES DATE: FEBRUARY 13, 1990 Transmitted is application for variance submitted by Umbrella Home Care Service, Ltd. on behalf of DEPOT ENTERPRISES, INC. /JOSEPH LIZEWSKI together with notification to adjacent property owners; short envirnomental assessment form; Zoning Board of Appeals Questionnaire Form; Notice of Disapproval from the Building Inspector; and two (2) copies of architect's drawing of signs. Copies of survey of property were not received. Judith T. Terry Southold Town Clerk PROJECT 1.0,NUMEBER 617.,, SEOR Appendix _ State Environmental Ouality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1—PROJECT INFORMATION (To be Completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR ert Costanzo 2. PROJECT NAME •3. PROJECT LOCATION: Umbrella Home Care Service , Ltd . a/c Munlcfoallty xR����xB9r���xR�x Cutchogue cant„ Suffolk Depo n er �. PRECISE LOCATION(Street address ana road intersections,prominent landmarks,etc..or provide map) • 28455 Main Road & Depot Lane• . S. IS PROPOSED ACTION: ❑New ❑Exoanslon �t--� 6. DESCRIBE PROJECT SRIEFLY riJIlModifleatlon/alteration requesting sign be attached to building 7. AMOUNT OF LAND AFFECTED: Initially �- acres Ultimately acres 8. WILL PROPOSED ACTION CO:.tPLY WITH EXISTING ZONING OR OTHER ExiSTIN i LAND USE RESTRICTIONS? ❑Yes ©CNo If No,describe brielly current code requires small Sign 0n existing past . 9. WHAT IS PRESENT LAND USE 1N VICINITY OF PROJECT? ❑Residential ❑Industrial t Descrice ,�Commercial ❑Agriculture ❑ParWForest/Open space �X Dais.Toned residential office f0. DOES A CT LO R LC INVOLVE A PERMIT APPROVAL, OR FUNDING.NO OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY STATE CAL)7 (FEDERAL, ❑Yes L.ANo If yes,list agency(s)and permitlapprovalsr 11. DOES ANY ASPECT C L? F THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVA ❑Yes tlo I'yes• list agency name and permit/approval t2. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL RECUIRE MODIFICATION? Ye! ❑no 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE 1S TRUE TO THE BEST OF MY KNOWLEDGE Applicantrsponso► name: R O h r0 S t d n Z 0 1 /2 2/9 0 Dale: Slgnaturu: 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 (Continued on reverse side) The N.Y.S. Environme of this form, and ntal Quality Review Act before an an environmental review willuereauires y action is taken, mdQe L y th1,submission �c�arU SUOPT E!IVTP,ONMENTAt, I::ST7UC77ons ASSESSMENT FOPbt (a) to e ordr to answer the that the preor will usecurrently in this short EAF it is assumed , project and the likely impa available cts °= information concerning the the action. It is not expected that additional studies . research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment . l- Will project result in a large physical change to the project site or physically alter more than 10 acres of land? 2- Will there be major change Yes �'IO unusual land formon the site?° any unique or 3. Will project alter or have a largeYesNO an existing body of water? effect on 4. Will project have a YesNo groundwater quality?potentially large• imoact on / 5. Will Yes signif on adjacenttsites? scantly effect drainage flow I 6- Will project affect any threatened ar endangered • Yes � No Plant or animal species? 7. Will —Yes �*Io project result in a major adverse effect on air quality? 8- Will _Yes L.0 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 114 No 9. Will project adversely impact any site or struc-_ ure of historic, pre-historic, or paleontologicsL' importance or any site designated as a critical environmental area by a local agency? 10. Will .• Wes � No Project have a major effect on existing or , future recreational opportunities? `' • 11. Will � Yes T No project result in major traffic proble cause major effect ms or systems? to existing transportation • 12. Will —Yes `�No project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the pro7ect's operation? _Yes 13- Will project have any impact on public health NO or safety? 14- IJi l l p _ect �YesNo directly�cau affect the existing community by 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 �•IO charact of the community or neighborhood? 15. there prod^ct? y public controversy concerning the PreParer's Signature: , Yes �10 Reorysentinq; b 23a /75 l .Z 9U QUESTIO14NAIRE TO BE COMPLETED AND SUBMITTED [NTH YOUR APPLICATION FORMS TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch) , to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes No 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference. ) Yes N b) Are there any areas open to a waterway without bulkhead? Yes o 3. Are there existing structures at or below ground level, such as patios , foundations , etc? Yes 4. Are there any existing or proposed fences, concrete barriers , decks, etc? Yes 5. If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. Yes Io 6. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total:. . . . . . . . . . ft. Yes 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes Co 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any) ?. Yes o State Permit # and Nature: 9 . Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, 'Village, etc. ) : Planning Board Yes o� Town Board Yes Town Trustees Yes County Health Department Yes Z§7 Village of Greenport Yes ATO N.Y.S.D.E.C. Yes Other Yes 10 . Is premises pending a sale or conveyance? If yes, please submit copy of names or pu.r_chasers and conditions of sale. (from contract) Yes 11. Is new construction proposed in the area of contours at 5 feet or less as exists? Yes 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes 3No 13. Please list present use or operations conducted upon the subject property at this time �G� and proposed Please submit photographs for the record. I certify that the above statements are true and are being submitted for ;gFnature by Board of Appeals in considering my application. (Propert wn r) (Authorized Agent) 1/88 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- - 85 by L.L. No.6-19851: ' 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 low march cordgrass;and/or (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.Ns ' I '" ltf�e7dxrruYlrat�se�i6ePtldwi4ll1LV2 Fl.a�6wew+iu.urWfkl�ulYr+6YuvEunikict4w.XhAat>:�m4 �YYUYr.wr.uLrrua r+. .. .. �_. �uiiB�FK;u,dy�,j• �,. �, sue::: rM,: SEE SEC. 0" 0[Ib MATCH .••LINE � � MATCH SEE SEC N0.096 SEE SEC.NO 098SEE LME SEC.MD.D96 FOR PARCEL NO. _--22C --�-�-- it-Y.•1 \�Q• 5EE SEC NO cu--oi2.2 �Z-L s-rf.0 i i x, >�]Aez �' 2.]le.eA 1,1 z0.or 10.1_�z .t tl.jt 2! t-.Ali •C - m: H ,, Dna.e i •'M1 i •. r,% ?1 b ^ter°,F,.`O+ J 9-zlA 1 a ..°�0• •o'U'Ps / � d no ei t i /-e.Pf '?,a'• 99 I -- - n• t1.6 A Ict o /allt • •P• Jr'\ 3-/,T :r'P" 7 27.OA.Ia) l "to ' B e•M1M1 Q tea. o /W l :I�� .,�J .o�fcl. � •M1e' p 1 •,d e S ��,``` e 4 a ¢��PIP 20.4441.1 \OBE•` ti,• fD � •4 3z °.� ^ ° JPa•• a'° •.M1^� d H�9T9 ``J~+�N o aP 7 8 iii `'�•� • b O ' ,� y COUNTY OF St'' In_ °.\� °'• .�'S•/ •• �•e-Vr ' . "'° 't''y DEVELOPMENT %. � d �3 °o�` °° C,y<q °�•` s y• ti1.1• si' •� a' Y cA . V o a��� 'b ?O�. °+•%i M0 + E1A k1 r�3.•+ q`w' ]O]AI.I yR'O` 4 A~a• raii�o.a` \ 'b,�'. ,.! C+M1p • ° �`M YM1n'•IC tJA ' 4, .[�ianw. u°vKf iu'NciIP J � ., ,,,` , •.`, •. I 'y . �n1u r orwA.nE, u. norEAn.. `y• A F••. •• �a+s�:� ��t d f�� to 24 :'i0�1 f.Ex:_�. a�...-.:•.• .i: 'v' +•sue .z •v' b e. tSAle.. « r•1• ..u.tr d 3 b• a� d • � x.SAtcl FOR PARCEL NO F �'' •ap<n�FJ'Y 0i .�� 24 •,,r b. Pa? c -+ 9 .. SEE SEC.NO IRS PME1S FOR C .0, . •'O. 'p c� It ' '6`n'Q` •..L CI-DI) 'SEE SEC.NO.109-01-024.1 YATDN-�_.._.-_____ _MAT_ • LINE Y CH_. ,d SEE SEC.NO.109 4 r..•..ti LSQond KEY fur AIcKAXL BAKER JR. _•"L�_T �«` --- FI.:D:.,�„L1,: --.r•-- N -.R.-- 5.A.1.1_L.,X.. D., © COUNT OF SUFFOLK ,p•NDrSOUTHOLO ' * -_-- ...mm..u.. _-...-_R.F.«oLa..Lr_-_R.-_ wD:...ra C:.r.r.... F.4w.N.L.Lr L� -- "'°"""":' `- °'"`" r�D1_«•1 r• Real Prooertv Tax Service Aaenr,, NLLAGEOP • 0 Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 1 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No.3350. ApplicationDated March 26 , 1985 TO: Dr. Joseph J . Lizewski , D . D. S . [Appellant (s) ] Main Road Cutchogue , NY 11935 At a Meeting of the Zoning Board of Appeals held on May 2 , 1985 , the above appeal was considered, and the action indicated below was taken on your [ Request for Variance Due to* Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article III Section 10.0=.30.(B) [6] . . . . . . . . . . . . . . . . E . . . .Request .for . . .. . .. . . . . . . . . . . . . . . . . . . . . . Application -of- JOSEPH LIZEWSKI , '29205 Main Road , Cutchogue , NY for a Variance to the Zoning r finance , Article - III , Section 100-30 (B) [6] for permission to construct building for private membership with an insufficient setback from the easterly property line . Location of Property : North Side of Main Road an_d East Side of Depot Lane , Cut- chogue , . NY; . . County - Tax.. Map . Parcel No . 1000-102-02-12 . 1 . WHEREAS , 'a public hearing was held and concluded on April 11 , 1985 concerning the.,,,,M_atter of the .Application of JOSEPH LIZEWSKI under Appeal No . 3356" and WHEREAS, the board members have personally viewed and are familiar witht he premises in question as we.11_ as its- surrounding area , and WHEREAS, the board has considered .all testimony and documentation entered into .the record concerning this application , and WHEREAS , there has been no opposition entered in the record up until the conclusion of ,the public hearing , and WHEREAS, the board made the following findings of fact : 1 . The property in 'question is. located in a "B-Light Business " Zoning District pursuant to a change _of zone granted, by the Southold Tow Board March 9 , 1982 . 2 . The property in question fronts along the north side of the Main Road (State Route 25) 147 .39 (and, 116. 37-.) feet and is also situate with frontage along the east side of Depot Lane_ 173. 13 feet ..(and 233 . 7 feet ) , and is s..hown to contain an a,rea .of approximately 1 . 5 acres and approximately 20 ,000± sq. ft. including the one-family dwelling and lot at the corner of Depot Lane and Main Road, also owned by the applicant . 3. The subject premises is improved as shown on the site plan dated April 6 , 1.984 , .for one-family residence and professional office (CONTINUED 'ON PAGE TWO ) DATED: May. 17 ,. 1985. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No . 3350 Matter of JOSEPH LIZEWSKI Decision Rendered ay 1985 uses . 4 . By this application , applicant proposes to construct a 44 ' by 66 ' recreation building addition for a private racquetball membership club with a setback at its closest point from the east side line at 32 feet , which is 8 feet closer than the estab- lished sideyard setback of the existing principal structure . 5 . Article III , Section 100-30 (B) [6] permits annual membership clubs catering exclusively to members and their guests subject to the following requirements : (a ) No building or part thereof or any parking or loading area shall be located within one hundred (100 ). feet of any street. line nor within fifty (50) feet of any Jot. line 6 . It is the opinion of the board that the easterly sideyard has been established at 40 feet and the setback as proposed at 32 feet- could be allowed for this addition if the special exception use for a racquetball club were not required by Sec tion .100-30 (B) [6] , that the relief requested is minimal and is, in harmony with the intent of the zoning ordinance . In considering this application , the board has determined that the relief as requested be granted since : (a ) the relief is not substantial ; (b) the relief will not be detrimental to adjoining properties ; (c ) the relief will not adversely affect the character of the district; (d) the .practical difficulties are sufficient to warrant approval hereof; (e ) the circumstances are unique since the property has residential structures existing as a. nonconforming use since prior to the change of zoning from "A" to "B-Light" ; (f) in view of the manner in which the difficulties arose , the interests of justice will best be served by allowing same , as noted below. Accordingly, on motion by Mr. Goehringer , `sec'06ded by Mr . Sawicki , it was RESOLVED , that the relief requested under Appeal No . 3350 in the Matter of the Application of JOSEPH LIZEWSKI for an insufficient setback from the easterly sideyard at 32 feet for a proposed recreational club addition , BE AND -HEREBY IS APPROVED SUBJECT TO THE FOLLOWING : Modification of the Site Plan by the Planning Board to include a minimum of 27 parking spaces (inclusive of handicapped parking ) . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen, Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . lk GERARD P . GOEHRINGER , C IRMAN May 17 , 1985 .. : and ofAppeals t rn Southold Town' Bo .6 71. MAIN ROAD - STATE ROAD. 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. .3.322., Application Dated January 8, 1985 TO: Dr . Joseph J . Lizewski , D . D. S . [Appellant (s) ] Main Road Cutchogue , 'NY 11935 At a Meeting of the Zoning Board of Appeals held on May 2 , 1985, the above appeal was considered , and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ X] Request for Special Exception under the Zoning Ordinance Article III Section 100-30 (B ) [6] [ ] Request for Variance to the Zoning Ordinance Article Section . . . . . . . . . . . . .[. .]. . Request. for .. . . . . . . . . . Application of JOSEPH 'LIZEWS,KI , 29205 Main Road , Cutchogue , NY for a Special Exceptio;n _to the Zoning Ordinance ; Article III , Section 100-30- ( b ) [6] and "Article VI , Section 100-60 ( B) [1 ] (a ) for permission to establish recreational use (private racquetball membership club ) at premises located on the north side of Main Road and east side of Depot Lane , Cutchogue , NY ; . .District .1000 , .Secti.on .1.02 , Block 02 , Lot .12 . 1 . . (B-Light Business Zone ) WHEREAS , a public hearing was held initially March 7 , 1985 and was concluded on April 11 , 1985 concerning the Matter of JOSEPH LIZEWSKI under Appeal No . 3322 , and WHEREAS, the board members have personally viewed and are familiar with the subject premises as well as its surrounding area , and WHEREAS , the board has considered all testimony and documentation entered into the record in this matter , and WHEREAS , there has been no opposition entered in the record up until the conclusion of the public hearing , and WHEREAS , the board made the following findings of fact : 1 . The property in question is located in a "B-Light Business " Zoning District pursuant to a change of zone granted by the Southold Tow Board March 9 , 1982 . 2 . The property in question fronts along the north side of the Main Road (State Route 25 ) 147 . 39 (and 116 . 37 ) feet and is also situate with frontage along the east side of Depot Lane 173. 13 feet (and 233 . 7 f-eet) , and is shown to contain an area o-f approximately 1 . 5 acres and approximately 20 ,000± sq . .ft . including the one-family dwelling and lot at the corner of Depot Lane and Main Road , also owned by the .applicant . 3 . The subject premises is improved as shown on the site plan dated April 6 , 1984, for one-family residence and professional office uses . 4. This is an application for a Special Exception by which applicant proposes to construct a 44 ' by 66 ' recreational addition for use - as a private racquetball membership club with a setback at (CONTINUED ON PAGE TWO ) DATED: May 17 , 1985 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Application No . 3322 Matter of JOSEPH LIZEWSKI (Special Exception ) Decision Rendered May 2 , 1985 32 feet from the easterly side property line . 5 . Article III , Section 100-30 (B) [6] permits annual membership clubs catering exclusively to members and their- guests after receiv- ing a special exception from this board and site . plan approval from the Planning Board in accordance with Section 100-134 of the Code . 6 . For the record it is noted that conditional approval has been made simultaneously herewith to grant an insufficient sideyard setback from the easterly property. line at' 32 feet under Appeal No . 3350 .. - - In considering this application , the board determines : (1 ) the use will not prevent the o_r_derly and. reasonable use of adjacent properties or_. of properties in_ adjacent use districts ; (2 ) that the safety , health, welfare , comfort, convenience and order of the town will not be adversely affected by the proposed use and its location ; ' (3) the use is in harmony_ with .and w ill promote the .general purposes and intent of zonin.g since it is _a permitted use . In passing upon this application , the board has also considered items (a ) through. (1 ) of Article XII , Section 100-121 ( C) [2] of the Zoning Code .' Accordingly, 'on motion by Mr .. Goehringer , seconded by Mr.- Sawicki , At. was RESOLVED, that a Special Exception as requested under Appeal . No . .33.22 in the Matter of the Appl.'icati•on of. JOSEPH LIZEWSKI .at premises known and identified on the Suffo.l k _Cou. . -.Tax Map as District . 1000 , . Section 102 ; . Bl0ck . O2 , Lot. 12 . 1 , 'BE -AND HEREBY IS APPROVED , 'SUBJECT TO THE FOLLOW.ING: ._ Mod.ification• of the Site .Plan by the ,Planning Board to include a minimum of .27._. parking spaces .( i_ncl,usive of handicapped parking.) . _ Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . 1 k ER -RD 0 R NG C MAN May 17 ,_.. l 98 5 y N �• 7 F� TOWN OF SOUTHOLD, NEW YORK DATE ... 2/ 5 /81 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2885 by' application Dated September 14 , 1981 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To William H. Price, Jr. , Esq. Appellant Joseph J. Lizewski, D.D.S. at a meeting of the Zoning Board of Appeals on December 5 , 1981 the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance Art, III, Sec. 10 0—3 0 1. SP��� l�i � i3Xtxix� �on ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be N gig, 3e Public Hearing held 10/15/81 : Application of Joseph L. Lizewski, Main Road, Cutchogue, ,NY (by William H. Price, Jr. , Esq. ) for a Variance to the Zoning Ordinance, Article III, Section 100-30 for permission to construct professional office building in an A-Residential and .Agriqultural Zone with existing dwelling use at 29325 Main Road (a/k/a 320 Depot Lane) , Cutchdgue, NY; bounded northwest by Fogarty; southwest by Depot Lane.; northeast by Dunne; southeast by Main Road. County Tax Map Parcels No. 1000-102-2-12. 1 and 11. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because (SEE REVERSE SIDE) (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because (SEE REVERSE SIDE) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) he-reversed. f AIND FILED BY (SEE REVERSE SIDE) TEE S'UUL_'CLn TOV-714 CLERK CG:lk ZONING BOARD F1LS FORM ZB4 r fic Town Clerk, To-v n of uthold Appellant has applied to this Board for a use variance to permit the construction of a professional office building on his property located on the northeasterly corner of Main Road (N.Y. Route 25) and Depot Lane at Cutchogue. The premises are presently zoned "A" Resi- dential and Agricultural and comprises approximately two acres, and is shown and designated on the Suffolk County Tax Map as District 1000 , Section 102, Block 2, Lots 11 and 12.1. Tax Map Lot 11 contains approximately 20 ,000 sq. ft. and has constructed thereon a .2-Z story wood frame dwelling and garage occupied by Appellant as a private dwelling. . Tax Map Lot 12. 1 comprises 68 ,554 sq. ft. and has erected thereon a 1-h story wood frame dwelling, two barns and a garage. The property on the north side of Main Road west of. Depot Lane is in the "B-1 General" Business. Zone which extends westerly for approximately 1100 feet. The property on the south side of Main Road west of the subject premises is zoned "B-Light" Business. The property north and east of the subject premises is zoned "A" Residen- tial and Agricultural. Section 100-30C (1) of the Zoning Code permits' "Home. Occupations" in the "A" zone as an accessory use. Under the definition of "Home Occupation" (Section 100-13) , the professional office of a dentist is permitted provided that the office is located in a dwelling in which the practitioner resides, or in a building accessory thereto. The Appellant (a practicing dentist) could establish a dental office in his dwelling on the premises or in a building accessory thereto pro- - vided .he resided there and employed not more than one non-resident assistant. Presumably, however,, Appellant does not wish to have only his own dental office on the premises, but instead desires to construct on the premises a professional office building having a length of 110 feet and a width of 58 feet, containing three suites of offices. Such a use is not permitted in an "A" Residential and Agricultural District. It is permitted in the "B" and "B-1" Business Districts. Since the variance applied for is a use variance, before this board may grant such a variance the record must show that: (1) the land in question cannot yield a reasonable return if used only for a purpose allowed in that zone; (2) that the plight of the owner is due to unique circumstances and not to the general conditions in the neighborhood which may reflect the unreasonableness of the zoning code; and (3) that the use to be authorized by the variance will. not alter the essential character of the locality. The courts have held that a claim that the property is yielding less than a reasonable return requires proof, in dollars and cents form, of all matters bearing upon the return available under existing zoning, -. including proof that no permissible use will yield a reasonable return. . The only dollars and cents evidence in the record is Appel- lant' s statement that he paid $65,000. 00 for the property and his conclusory statement that he has not made a profit from the property. The Town assessor' s records indicate that the premises (lot 12.1) was acquired by Appellant in 1981. There is no evidence that the property cannot yield a reasonable return if used for other permis- sible uses. Therefore, this board concludes that the evidence s , presented does not support the grant of the variance applied for. This board does believe that there is, however, a public ne d for the type of facility proposed by the Appellant in the Hamlet v o Cutchogue, and that perhaps the Town Board should consider the a extension of the present "B-1" District to embrace Appellant' s m property. On motion by Mr. Grigonis seconded Mr. Goehringer, E ca BE IT RESOLVED, for the reasons. set forth.herein,, the variance.. is denied. Vote of the Board: Ayes: Messrs. Douglass, Goehringer, - Sawicki and Grigonis. (Absent was : Mr. Doyen, Fishers Island) . This resolution was unanimously adopted. kllfa fkeiilinn of jame , Care Service a/c, NWICE. to Appeal Board of Appe , of Ow -rc)wry of 5r.6, { TO ADJACENT TV jamen Fogarty PROPZRTY UWNQ,,,, Dapint Lane Cutchogue , Now York 11935 inrandon of ihe 1"idaypod 1, Ole Hu"d nf Appv& ut Me Town of SoWhMil' 16 requi (SpeciAl Exception) (Special pefnho (Othy [circle choicu] 2. Tilaa Ow . j. iof thdPeAdorl i WKdocnt toyou Pr d J u dAbed as aHows Sr�r'vi u m- 3, That the Propoly shuh is We vubycr of such Peridon is Naiad in the fouO.Wg 10ming donut: RD residential offimz� 1.1Ct)'� stjh Pt�!irion, thi� ilrldk)�Signtd "A UWE the FoHo%dng r.0;t4: 0 tic a.!M at i aace. --------------- S. That the proviOnni of lhc Southold r(-Ijef hy et Agned are Afninda VIT C Y Section 2 ork Tom La(w for approval of access over !OhQ)-U; -Way. 6. Thai "i'" " dAyw 40.1 " dot WeR a Mawn Pelkian requcsting do rdkf sWcHNI abtwe wHil W fled in the Sourhold Town Clerk% fIffice At hion Road Sou0mi"j, ��jjf,� •jjjcj ff,,,jy r.nj . exinme the same duhng regular offile }'lows, 016) HMO% �-,f -�Svj there 7. That Mae the rdkf WIN may be 9"nod, a pull K hkahl must be Wid on We ruaner by Thic, Bond of AppeW thm a norice uf iuch heoring mum be Initilkhed a Wat We ?,A pKer m we jaw of 1,c!) hearing in Me Suffolk Unies and in the Lang Wand WaNhman rxwsppav pubAhed 0, Q-- Town of Sow) old and designated for Ole PuNkaHun of such notkcC ihat ),ou YWLjI* have the 6ght to appear and be heard ar mmh how4q. Owners ' Namp s castan zc� Te 1 No 6 ROPY of sketch or plan showing proposal to ViO attaehed for convanjync(�. porposesj blue print sw�;Mirtwd 90ARI) in th,: Matter or the Pccirian of y_tit in�i r.��'�.1.,L,3�U I�G f.;,�,'r e...�._`i.`"d.�'_.y,�,.Sn:�•.�..L.X.� . . NOTICE TO to the Board of Av,pyk of thrjjawn-or�tyuthoi f �W �,7 i:rN`Z' Dr. Joseph !_i7etiski Main Road & Depot Lane Cutchogue , New York 11935 YOU ARE 4E:RE8Y GIVEN NOT iv E:; I. hat if jjl�e intention of file unl et',iErleo to petition fhi� Btmif..l of Af)7p(�lIs of the town of SQ)tlthold ;0 request Exception) QZZ51 f'crmio (Other) E c::1- r.Cl ` ;choice _ l 2. That the property which K the s:hi_7j et of the Petition is located adjacent ;r, y,aiar ,IDtOperty and is ies- cubed as follows, 3. That the property which is the Subyct of such peticion is located ill fhc- followillg zoning _istttct. •r, 3 r l �i �f r;� -T fil�lr by i.o,h f elition, tilt: untkisignttt wdl request Wo fc.hllnw;n,;_, relief: l;•!;'1: 11 __ , -_--_.---.._ Art i C 1 e A 11 ). That the pi'CiWsions of tisv Southold fawn Znnbg Code :t(}ji1iC.;t e to die mitt l `Ol gh; by Ole under- Aned are Article -- [ I Section280-A. New York Town Low forW approval of access over rightkboi-wad,. 6. That within five i; qs from We date hmeok a. written Petition regkic-,ring the rt^iit.f spec.ided above will he filr:d in rile Sour hMd Town Clerk's (Nice at Win Road, Southold, New 'York arid you nhay then .ind rhere examine the sarfie cduririg regular Wke how, {sly 765.1809. 7. Thai thefore the relief:.iATht may be granud, a public heahng muse bQ i-relri on the matter by the Board of Appe.rls; that a notice of such hearing must be published at lust five days prior to the date of such hearing in the Suffolk Times and in the Long Island Ti*veler-Matbuck "'i mhrl an, newspapers ImIlisbhad in Wi Town of Southold and designalxd for the publicadon of such notices; that you or your representative have the right to appear and be hearth at such hearing. t,mbreiia Home Care Slyli ;e , 1td . Pztitioner a/C JOS;ph LiZeWS, Owners ' Nate es f<<�``�'r j C(i5.1,r'tfizo Fast t:ifTir: Addrrs5 _. . Main Road & Depot Lane Tel . No . (516 ) 7:34--5500 [Copy of sketch or platy show°ii7g proposal to he attached foi~ convenience purposes . ! blue print si.lt>rriitte(i 43O_ARC3 in the Matter GY till prtttiar, of Umbrella Norse Care Service Ltd . NOTICE �. W. TO to sdtp ;?clard cxf�ks2-P: Is of tI-L' ,roo,�,Q of`�ourt101d---_--- AW:'1r`L1`T _ PROPERTY OWNER V i 11 age Common';' Hea 1 th & Racquet CI u.b Main Road u Depot Lane Cutchoguo , Now York Yt'_0 ARF. HLTRE.BY 6,1 vF,N N0TIS !. That it is the intznEmn of the and ragned to putiti,yry the Bw-)rd of" App, als of t# : ?-own of St)tfhold to request a (Var{afjce) (Special Exception) (Special f'ert'fltt) (Other ) (circle choice] 2. That the properly wh4h is the subpct of the Petitlan is iocawd adja,--CM !o yo4ii propt•iiy z1 rd is ck;� - crtbed as Kllow. -- 3. That tht property which Is the subject of such f rtiaiorl is i..caterl jr. the f+al!_;wing zoning, t,istrirt' iv i l!af 17y su:'tt 11c6lWn, the tunder`Qnud wadi rf'qunt the ft){l0'wNI rA f: . --(—"li --- „- - ----.... _._.- I That the provklon5 of the Southold 7Own rorsing Qrc.ri3r aFSl;iir.;C;ie to the relief '5(jugh; by the; oncder- si nod are A�"t cle U g �.tl]` Section 280-A, New York Town Latin for approval of access over rigi;QW-`,t..wt.1_._ 6_ That wid6ra five days frcmi be date hewn( a vvritsen Ped6on rNuc's..kg tilt` reti¢;f specified zibovi W41 be filed in the Southdd Town Clerk's suffice at Main Road, Southoll New York 3n d you Irby when and there examine the same auring regular office hous. A16) 765•-1.809, ?, That beftare the rdkf st, 9h, may be grunted, a public: hammy-, must be heid on We inaner by Me Boad of Appeals; that a nstice of such hearing must be published at IrAt five (Jays p6ur to the bate of Such, hearing in the Suffolk Times and in the Long Wand Traveler•Mattituc.k, Michman, new:;p,aPOS PubiisNd in rK Town of South old and designated for the public:ation of such notices', that .y0LI or your rent•msematrve Svc td 0 right to appear and be 1-mard at such hearing, Umj,rr .k i '? 1IoMq_ Care Service , Ltd . _._. Petirionr_r Post Cdffi e Addres, Main R Depot Lane Cutcholue , New York 11935 Te ; . No . ( S 16 ) 734 5600 [ Copy of ketch or plait showing proposal to be attached for conve&Vnci- purposes , I blU< pr?. rit submitted S€�a€tC� (lF .�,lal7�,�6_ti, l•C9�{�i�� ia� S�.>'t1-ll•i�L[l 9n ti-,l. Marter (31 ale fletirion of : Llrnhrell ,�,�FIr)nl_�_...���r.;.�:...,_�.s::.}:a..�.s.�•�....L:t..:�., t,d TIC E. _ TO to r e Ward of_Q)ocals of the Town AW.FC1 N',' TO: Joseph A. Dunne PROPERTY OWNS,' Pine Neck Road - Southold , Now York 11971 Y()i_i ARE j J F;�E BV' C.lV1.N N F lC.L: of the un[Il=lsigned to i ethion 11'it Bond of AM:Ms of We Town of StzsihAd to request etvarian,e),Ispec.i:+l Exception) (Speck! P rrr)itj (c�r:t1< .i.-'r Wi,rc l ; chotcel 2, That the property winch is the SA}et=l of the Petlrion 1_: located ad icent to your prol2vry and is Lla. L6berl as follows: 5�-'+ `2 � c e 1)I.ISI1£'S` -_----_..._._...... S, That We property S4h,t::i is ti3t; sulayn of such P edholl i5 located' Ill i11i` 20ning district: ti !hit lid xueli W'hon, che l!f"designed Will reque.'St 11-w follow;ng rehef: article VI se " 5. That the pruvinior+z of the Southold Town Zoning We applinobie rc5 rho reiief by the Urider- , , Me ArticleV 7 l __ Sl�ct°ion I Ci(7-71 - f 1 arCtiorl 280-A, `New York Awn Law for approval of access over right( s)-of— ay. 6. Thai v irhin five dlaf s from me We hereof, a written Peiition requesling, the mlkf n(7f'Ctf d above %00 be filed in the `Southold Town Clerk's (06fie at Main j{C9ad Scut{`!= New York and you rn..y then astli r4'ere" exan oc the Same during regular offic; hours. (516) W` S09. 7. That hebue the relief swNht r, 4y use granted, a puNk hearing rr)r..,sl be held on ihe, marry r by rhr= f4bd,'d of Ftip(:i:h; Hai a n[:r,e of such heaking amst be ptol,shed it jeasr f?VL days pt;cn, Lo the date of sucl, hearing in the SuHoll'. Times and in the Long island Travel epAdrlttimck War:hman, newspapers ymblhhed in the Town of Sourhold and designated for the Izili;iiGadon of slatij nmic:ej; 03t yot., or your representative have file Might to appear and be lward at such hearing. 1{ .. yc-C�:�.r�'.� r_1V,__ Owners ' N a ill e S - Robert.:.._Co- Post OfNce Mdren C u t r,I'll Tel . No . ( `16 j 734-5500 [ Copy of sketch or Plan showing proposal to be attached or convenience .•s•s•�•�••se�e��•sw•��•®•ss•®_ •�a•cae•cs•®•�smooc�•®•�e�csac�•®o�•,�+•�•�••a••sz+�•®�� TOWN CLERK TOWN OF SOUTHOLD Suffolk County, New York 516 - 765-1801 a r 3402 . Southo} , N. Y. 1197L 1 / '�19 0 RECEIVED OF r -a Q ouare dith T'. Terrg* To'�n CF rk i i Cash ❑ Check �� By• {�L _Q/ - �:�•a•ewe®•a�ee®►•es•�n•®o®ee�•�•sa�•e�� ocx�ome•es•a�e�•�e ®••� •+�ae���saea•�ei n W.T..,T.. .,. �NI.....r L;R.1LLr F»TF.ry.) M,A This 'is to certify that I Joseph Lizewski have received a (2 ) .true copy4af the Notice to adjacent property owners this 22nd day of January 1990 . r Ti a u Sworn to before me this o n da of �. � 19� ! otKL Public P 099 156 535 P 490 535. 275 , C `1,11 A. EC::ia CEIPT FOR CERTIFIED MAIL NOTARY PUBLIC, State of Ne RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED No. -!Si 5- 60 NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL Qualified in Suffolk Coul NOT FOR INTERNATIONAL MAIL (See Reverse) Commission Expires _41.0 (See Reverse) t us N Sent to SJiA a N and No. ! m Street. No. a: -. t- fe and ZIP Omde P.„ S—late nd ZI Code U; i //g 3C ,:i Postage S 1 Fee Certified Fee Delivery Fee Special Delivery Fee j 'd Delivery Fee Restricted Delivery Fee leceipt showing Return Receipt showing and Date Delivered to whom and Date Delivered � teceipt showing to whom, rn Return Receipt showing to whom, d Address of Delivery P Date,and Addr �veq a) °ostage and S TOTAL P age /� S .� t+ c (or 1nfl' Postma or U. - �� 1990 R.o b e r_t_.C_o_s t a_n pBox. -3-5 7 n _...._ � ... Mattituck N _Y ,, I � � :,;y vv 43`rf .zt r_x� ��tn� ,1 23rd , o d FJ1,4i7tr$V t"t�Cdflkt; .9 ta�.d copy �4( l.i) i� rtl ra '�:T`.r I��iCCf! SAP u.fi* f2- b((,Vi=-r4}t riisr.ra 11,.@`,r1dl'+ .51 �d9 a dd;{; ('J c'!P'd o;5•; �, 1�1 il•'t c; �,'�ai,1�16•F� K., .��:'� tt ;t:C'k`,",i 4'( ` �'?ti,' ["k39]'1C':i ,�Y i:2dd I`3w f`9t{}B3`, an! !Ihf{ %idclt•n`_t-s ;{[d llN e 4"ui lN'rtl II,oU o" the Te;w ri (if SoiI.Choid[ di"It v:.`s' \Vd rtz rruiled ll tfls', I,.,.rtit.,3 V.,."sz fol-4 :,L C_u,t..c,hog.ue. -._ _..... ir ! i.,7/J i�+ .i:s°. r4! SC IU L!; U� st9t} t;l On c:ur�di '�sj ,E°cnytrtc ) tyl H. One notice was mailed and two we hand delivered . :;�+�;tsrri t a'a�f�esr'� rrtE this •� '"�`� . d 9 Co CA+OLYN A. SCHILL NOTARY PUBLIC, State of New York No. 4V51960 Qualified in Suffolk County Commission Expires I �1 T c 1 d idU F:.' fl C l, �1 i9\,0L(� J l CF ttl I,a 9)s II'1,I L �d :�C. J ___ 1000,Section 070,Block 13- Lot Cutchogue, County Tax Map No. 20.5. - 1000,Section 83,Block 2,Lot 7 Leg�/��n■ - 7:40 p.m. le• No. 3916- g9 NOTICE OF HEARINGS a 7:55 p.m. Appl. No. 391!� -� Conbnued from previou.,page li/d GEORGE RELvirARDT. Variance. EDWARD AND CORRINE NOTICE IS HEREBY GIVEN, to the Zoning Ordinance,Article III, BIRpIE. Variance to the ZoningProperty Location:795 Pike Street; Pursuant to Section 267 of the Town Section 100-31, as disapproved for Ordinance,Article III A,Section �� Mattituck, County Tax Map No. Law and the Code of the Town of permission to construct deck addi-' 100-30A.3,for I 1000,Section 140,Block 2,Lot 23. permission to con- 8:10 p.m. Appl. No. 3918- I Southold,the following hearings Lion,proposed construction exceeds struct additions to one family will be held by the SOUTHOLD permitted lot coverage and has. dwelling,proposed construction will K) JOHN AND CATHERINE SIMI- TOWN BOARD OF APPEALS at a insufficient setbacks from property have insufficient side yard setbacks. CICH. Special Exception to the Regular Meeting, at the Southold line. Property Location: 1380 Pvt. Property Location: 3 rd Parsons I Zoning Ordinance,Article III,Sec- Town Hall,Main Road,Southold, Road H 3 Truman Path,East Mari Boulevard,East Marion,County Tax L_.J tion 100-31,for permission to have a (tuck, in NY 11971, on THURSDAY, on,County Tax map No. 1000,Sec- Map No. 1000,Section 037,Block 1ui winery for production and winery Irincipal MARCH 15, 1990,at the following tion 31,Block 12,Lot 10. 01,Lot 17.1. sales. Property Location: 4250 limes' 7:45 p.m:Appl. No. 3906- 8:00 p.m. Appl. No. 3911 - Fq Bergen Avenue,Mattituck,County 5paper, 11 7:30 p.m. Appl. No. 3917- CHARLES COLOMBO:Variance WALTER RAFFERTY. Variance to 1c Tax Map No. 1000,Section 121, >unty of UMBRELLA HOME CARE. Vari- to the Zoning Ordinance, Article the Zoning Ordinance, Article i I Block 1,Lots part of 001. I -cc to the Zoning Ordinance,Arti- XXIV,Section 100-244 B, as dis, XXIV, Section 241A, Article 8:15 p.m. Appl. No. 3907- )f Which cle VII,Section 100-71 C,as dis- approved,for permission to con, XXVIII,Section 100-281(3),as dis- NICHOLAS ALIANO.Variance to �iiShed in approved,for permission to con- struct a deck addition to existing. approved, for permission to con- I t I the Zoning�t'ar'�Article III A, struct a sign,proposed sign is not dwelling,proposed construction will, struct additions and alterations to D Section 100-30A.2 (Article XXV, I Weeks Permitted in this Residential/Office have insufficient sideyard setbacks: garage with apartment. Property I Section 100-253 A),as disapproved, day of (RO)District. Property Location: Property Location:350 Oak Street,. Location: East End Road, Fishers IM for permission to construct a retail 28455 Main Road, Cutchogue, Cutchogue, County Tax Map No.. Island,County Tax Map No. 1000, i9 o�Ce complex,proposed construe- County Tax Map No. 1000,Section 1000,Section 136,Block 1,Lot 48.. Section 3,Block 7,Lot 5. I tion is not permitted in this R-40 102.Block 02.Lot 12.1. 7:50 p.m. Appl. No. 3903 - 8.05 p.m. Appl. No. 3924 - I Zone District. Property Location: :35 p.m. Appl. No. 390.9 - LIlVDA DAMBASSIS. Variance to MICHAEL HERBEEecial Ex- I 129950 Main Road, 30 Pequash JOSEPH CORNACCHIA.•Variance Zoning Ordinance, Article III,Sec- ception to the Zoning Ordinance, Avenue, Cutchogue,County Tax�S the Zoning Ordinance,Article III, [ion 100-33,(Article XXIII,Section yJ. Article D{,Section 100-91 ; I Map No. 1000,Section 102,Block►��-� Section 100-33,as disapproved,for 100-239.4 A , as disc (B),for 03,Lot 01. ( ) disapproved for change of use from Bed and Break- permission to-construct an accessory. permission to construct accessories' fast to a three family dwelling in this I 8:20 p.m. Appl. No. 3915-ri(shed in frontyard Area. Property. garage pool and additions to Hamlet Business (HB) District. 1 JORDAN'S PARTNERS.Variance Location: 835 Kimberly Lane,. dwelling in frontyard area.Property' to the Zoning Ordinance,Article Southold, County Tax Map No., _Location 2430 Dignan's Road, See Legafs, Next page V11.Section 100-71,as.disapproved for permission to construct office Swom to befo me 1 and retail stores'proposed constrict'f�'AN is not permitted use in this District. e of i'evt Yor,- Property Location:1000 Main Street: .`' 26 day of I. and 160 Main Road, Greenport, �Y County Tax Map No. 1000,Section 34,Block 2,Lot 1.- The Board of Appeals will at said time and place hear any and all per- sons or representatives desiring to be heard in each of the above-matters. Written comments may a1m be sub- mitted prior to the conclusion.of the subject hearing. Each hearing.will not start before time allotted Addi- tional time for your presentation will be available, if needed. For more information,please call 765-1809. Dated March 6,1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P.GOEHRINGER CHAIRMAN by Doreem•Ferwerda 6600-ITM8 � NOTICE OF HEARINGS 7:50�p.m. Appl. No. 3903- NOTICE IS HEREBY given, LINDA DAMBASSIS.Variance 8:10 p.m. Appl. No. 3918- pursuant to Section 267 of the to Zoning Ordinance, Article JOHN AND CATHERINE Town Law and the Code of the III, Section 100-33, (Article SIMICICH. Special Exception Town of Southold, the follow- XXIII,Section 100-239.4(A) as to the Zoning Ordinance, Arti- ing hearings will be held by the cle III, Section 100-31, for per- disapproved for permission to SOUTHOLD TOWN BOARD construct accessories garage mission to have a winery for OF APPEALS at a Regular production and winery sales. pool and additions to dwelling Meeting, at the Southold Town in frontyard area. Property Property Location:4250 Bergen .Hall,Main Road,Southold,NY Location:2430 Dignan's Road Avenue,Mattituck,County Tax 11971, on THURSDAY, Cutchogue, County; Block 1, Lots pTax Map Map No. is p Section 121, MARCH 15, 1990, at the fol- No. 1000, Section 83, Block 2, art of 39 . lowing times: Lot 7.2. 8:15 p.m. Appl. No. 07- 7:30 p.m. Appl: No. 3917- 7:55 p.m. Appl. No. 3912- NICHOLAS ALIANO. UMBRELLA HOME CARE. Variance to the Zoning Ordi- EDWARD AND CORRINE Variance to the Zoning Ordi- BIRDIE. Variance to the Zon- nance, Article III A, Section nance, Article VII, Section ing Ordinance, Article IIIA, 100-30A.2 (Article XXV, Sec- 100-71 C, as disapproved, for Section 100-30A.3, for per tion 100-253 A),as disapproved, permission to construct a sign, mission to construct additions for permission to construct a re- proposed sign is not permitted to one family dwelling, prp- tail office complex, proposed in this Residential/Office(RO) posed-construction will have in- this is not permitted in District. Property Location: sufficient side this R-40 Zone District. Pro- District.Main Road, Cutchogue, Yard setbacks. perty Location: 29950 Main County Tax Map No. 1000,Sec- _-- Road,30 Pequash Avenue,Cut- tion 102, Block 02, Lot 12.1. Property Location:380 Parsons chogue, County Tax Map No. 7:35 p.m. Appl. No. 3909- Boulevard,East Marion,'Coun- 1000,Section 102,Block 03,Lot JOSEPH CORNACCHIA.Var- I ty Tax Map No. 1000, Section 01. iance to the Zoning Ordinance, 037, Block 01, Lot 17.1. 8:20 p.m. Appl. No. 3915- Article III, Section 100-33, as 8:00 p.m. Appl. No. 3911- j JORDAN'S PARTNERS. Vari- disapproved, for permission to WALTER RAFFERTY. Vari= ance to the Zoning Ordinance, construct an accessory shed in ance to the Zoning Ordinance; Article VII, Section 100-71, as frontyard Area.Property Loca- Article XXIV, Section 241A,• disapproved for permission to tion: 835 Kimberly Lane; (Article XXVIII, Section* construct'office and retail stores, Southold,County Tax Map No: 100-281 (3),as disapproved,for' • proposed construct is not per- 1000,Section 070,Block 13,Lot permission to construct addi- mitted use in this District: Pro- 20.5. tions'and alterations to garage' perty Location: 1000 Main 7:40 p.m. Appl. No. 3916- with apartment.Property Loca Street and 160 Main Road, GEORGE REINHARDT.Vari- tion:East End Road,Fishers Is Greenport, County Tax Map ance to the Zoning Ordinance; land, County Tax Map No. No. 1000, Section.34, Block 2, Article III, Section 100-31, as' 1000,Section 3,Block 7,Lot 5.0 Lot 1. disapproved for permission to 8:05 p.m. Appl. No. 3924- The Board of Appeals will at construct deck addition, pro- MICHAEL HERBERT.Special said time and place hear any and posed construction exceeds per- Exception to the Zoning Ordi- all persons or representatives de- mitted lot coverage and has nance, Article IX, Section siring to be heard in each of the insufficient setbacks from pro- 100-91 (B), for change of use above -matters.• Written com- perty line. Property Location: from Bed and Breakfast to a ments may also be submitted 1380 Pvt. Road #3 Trumans three family dwelling in this prior to the conclusion of the Path,East Marion,County Tax Hamlet Business(HB)District. subject hearing. -Each hearing Map No. 1000,Section 31,Block Property Location: 795 Pike will not .start before time al- 12, Lot,10. b� Street, Mattituck, County Tax lotted.Additional time for your 7:45 p.m. Appl. No. 3906- Map No. 1000, Section 140, presentation will be available,if CHARLES COLOMBO. Vari- __Block_ 2_,_Lo_t 23. _ needed. For more information, ance to the Zoning Ordinance, please call 765-1809. Article XXIV, Section 100-244 Dated: March 6, 1990 B, as disapproved, for permis- BY ORDER OF sion to construct a deck addi= J THE SOUTHOLD TOWN tion to existing dwelling, pro- BOARD OF APPEALS posed construction will have in- GERARD P. GOEHRINGER sufficient sideyard setbacks. CHAIRMAN Property Location: 350 Oak by Doreen Ferwerda Street, Cutchogue, County Tax 1X, 3%8/90 (28) Map No. 1000, Section 136, Block 1, Lot 48.___ -b _ y "e !►_ # i( j3'+ --�+�~) /i' t - _ • ' �wl,x IF - wh'��- • - - _ u - iI- T •2 lrv� c Sbaabalt . ; a 356 ° t+iew York lKv�e. Nvrtttngtat�;M Y.'11743 (516)SM4506 - i ,,. ., - - - � � � - , _ •. i"sc�s3�+'stit.���ik`a:?.aYdt.3�E:AS.'I�C�NM�'