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APPEALS BOARD MEMBERS £ '' , `' SCOTT L.HARRIS Gerard P.Goehringer,Chairman ,S` :��,j Supervisor Charles Grigonis,Jr. Serge Doyen,Jr. >; F. `„ Town Hall,53095 Main Road << , 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 dF SOUTHOLD A%=ION OF THE BOARD Application of WILLIAM A. HANDS. Variance to the Zoning Ordinance, Article X, Section 100-102 (and Article XXIV, Section 100-242A) for permission to construct addition at the rear of existing principal building with a reduced easterly side yard setback and with an increase of the degree of setback nonconformance. Zone District: General Business "B." Location of Property: 24375 Main Road, Orient, NY; County Tax Map District 1000, , Section 18, Block 02, Lot 32. WHEREAS, a public hearing was held on September 26, 1991, and 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, Board Members have personally viewed and are familiar with the premises in question as well as the surrounding areas and WHEREAS, the Board made the following findings- of fact: 1. By this application, appellant is proposing a 10' by 33 ' building extension at the northerly end of the existing one-story section of the principal building. The proposed extension is proposed strictly for parking and/or storage purposes and not as an expansion of the principal use activities. The extension would be with a reduced easterly side yard setback at 17 ( 17+- as requested)'feet. 2. The premises in question is nonconforming as to lot area and width containing a total area of 17,460 sq. ft. and 130. 89 ft. frontage along the north side of the Main (State) Road. Other areas of the zoning code for which the building or site is nonconforming are: total and individual side yard setbacks, front yard setbacks, landscaping and screening, and gasoline service islands in the front yard area (ref. - copy of survey submitted with this application) . 3 . The existing easterly side yard is nonconforming at 20+- feet. The ,current zoning code requires a minimum of 25 ft. for each sideyard, for a total of not less than 50 feet. The increase Pay e 2 - Appl. No. 14 ' 'Matter of WILLIAM A. JANDS, JR. Decision Rendered September 26, 1991 in the degree of nonconformance only amounts to approximately 75 square feet (that building area within the required 25 ft. setback - new ,and proposed) . The total nonconforming sideyards would be reduced from the present 43 ft. total to 40 (+-) ft. 4. For the record, the following information is noted that the subject premises has been the subject of prior Southold Town Z.B.A. determinations which have been denied for: (a) reinstatement of restaurant which was discontinued for more than two years under Appl. No. 1489 on January 27, 1972 to Myron and Joy Finkle, (b) second business (take-out deli) under Appl. No. 1795 'on June 28, 1973 to Joy Finkle and Millie Messeri. 5. Article XXIV,. Section 100-241A of the Zoning Code provides that enlargement of a nonconforming building with a conforming use may not be increased as to the degree of nonconformance. The principal use of the building and premises is a conforming use in this General Business "B" Zone District as a public garage and gasoline service station (with vehicle repair) . 6. It is the position of this. Board that in considering this - application that: - (a) there is no alternative available for appellants to pursue except by 'variance; (b) the relief, -as requested, is not substantial in relation to the existing structure -,and those generally existing in the neighborhood; (c) the difficulties imposed are uniquely related to the property and are not personal in nature; (d) the grant of the variance will not adversely effect the essential character of the neighborhood, or be adverse to the safety, health, welfare, comfort, convenience or order of the town and neighboring properties; (e) in view of all the above, the interests of justice will be served by granting the relief, as requested .and further noted below. Accordingly, on motion by Mr. Villa, .seconded by- Mt. Dinizio, it was RESOLVED, toGRANT a variance for the construction of a 10' x 33 ' building extension for parking and/or storage purposes accessory to the existing principal use of the premises and with a setback at not less than 17 (+-) feet from the easterly side property line, as applied under Appl. No. 4054, SUBJECT TO THE FOLLOWING CONDITION: ' Page 3 - Appl. No. 4 �R Matter of WILLIAM A.'-HANDS, JR. Decision Rendered September 26, 1991 Screening along the northerly property line shall either remain as exists or be replaced, if necessary, within the applicant' s property line, and Such screening shall be maintained with six-ft. high trees (or similar) to adequately screen those residentially zoned areas to the north. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Dinizio, and Villa. This resolution was duly adopted. lk '���%fir '��',✓ GERARD P. GOEHRINGER,:' CHAIRMAN ,..ir APPEALS BOARD MEMBERS SCOTT L.HARRIS Gerard P.Goehrin er Chairman �� G,, Supervisor 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 a% '�$� Fax(516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN.OF SOUTHOLD 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 THURS ,AY_,—SEP_TEMBER--2.6 199-1_ commencing at the times specified below: (1) 7: 30 p.m. Appl. No. 4054 -7—WI-LLIAM A:HANDS;JR Variance to the Zoning Ordinance, Article X, Section 100-102 (and Article XXIV, Section 100-242A) for permission to construct addition at the rear of existing principal building with a reduced easterly side yard setback and with an increase of the degree of setback nonconformance. Zone District: General Business-B. Location of Property: 24375 Main Road, Orient, NY; County Tax Map District 1000, Section 18, Block 2, Lot 32 . ( 2) 7 : 35 p.m. Appl. No. 4049 . MR. AND MRS. JOSEPH CARPENITO. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct garage addition with insufficient front and side yard setbacks. The subject parcel is known as Lot 177 of Gardiners Bay Estates, Section Three, is Rage 2 - Legal Notife Hearings for September 26, 1991 Southold Town Board of Appeals substandard in size, and is located in the R-40 Zone 'District. Location of Property: 170 Dogwood Lane, East Marion; County Tax Map No. 1000-38-5-5. ( 3) 7:38 p.m. Appl. No. 4053 - DOUGLAS MORRIS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct deck and step area within 75 feet of the bulkhead along Pipes Cove. The subject premises is referred to as (combined) Lot Numbers 24 & 25 and is substandard in size. Location of Property: 1665 Shore Drive, Greenport, NY; County Tax Map No. 1000-47-2-30. (4) ` 7: 40 p.m. . Appl. No. 4052 - JOHN AND EVELYN KEATING. Variance to the Zoning Ordinance, Article XXVIII, Section 100-281A(7) and Article XXIV, Section 100-244, for approval of lot which is nonconforming and has not been held in single and separate ownership since 1957, and upon which is proposed the removal of the existing dwelling. A new dwelling structure will be applied for in the future to locate a dwelling which shall not be closer than 45 feet as restricted by Appeal No. 3703 rendered June 2, 1988. Total lot area is substandard at 22,137 sq. ft. in this R-40 Zone District. Location of Property: 19995 Soundview Avenue, Southold, NY; County Tax Map Parcel- No. 1000-51-4-6. (5) 7: 45 p.m. Appl. No. 4051 - WILLIAM AND JOAN FISHLINGER. Variance to the Zoning Ordinance, Article XXIII, Section 100-239. 4B for permission to construct decks and steps between rear of existing dwelling and existing bulkhead. Parcel is conforming as to lot size in this R-40 Zone District. Location of Property: 1935 Pine Tree Road, Cutchogue, NY; County Tax Map No. 1000-98-1-I1.1 . ( 6) 7: 48 p.m. Re: Appl. - No. 3539. MICHAEL HERBERT. Application withdrawing Z.B.A. determination rendered September 11, 1986 concerning a Special Exception to the Zoning Ordinance involving the establishment of a Bed and Breakfast. Subsequent to .the Bed and Breakfast, the applicant received Special Exception approval rendered March 29, 1990 for two apartments, other than the owner-occupied manager's quarters, with conditions. This application is made pursuant to Condition No. 1 of the March 29, 1990 Z.B.A. determination. The subject premises is located in the Hamlet-Business (HB) Zone District and is substandard in size. Location of Property: 795 Pike Street, Mattituck, NY; County Tax Map No. 1000-140-2-23 . (7) 7: 50 p.m. Appl. No. 4056 - CONSTANTINOS MARKOTSIS. Variance to the Zoning Ordinance, Article XXIII, ' Section 100-239. 4(B) for approval of screen-enclosed deck addition at less than the required 75 feet of the bulkhead. The subject premises is substandard in size and is located in the R-40 Zone District. Location of Property: Corner of the south side of Main Bayview Road and the eastiside of Williamsburg Drive (private road) , Southold, NY; County Tax Map Parcel No. 1000-78-5-12. ( 8) 8: 00 p.m. Appl. No. 4008 - ALEX HOMAYUNI and CHARLES KAPOTES. (Reconvened from March 22, 1991) . Variances to the Zoning Ordinance, Article XXIV, Section 100-244B and Section 100-243A for permission to construct additions and accessory building: (1) exceeding the maximum lot coverage requirement for all structures/buildings, ( 2) increasing or enlarging, and reconstructing the existing nonconforming two-family building. (Nonconformities of the subject premises are: lot area, both front yards, and two-family use in this R-40 Zone District. ) Location of Property: Corner of Goldin Avenue and the south side of Soundview Avenue, Southold, NY; County Tax Map No. 1000-135-2-22, 16, 17, 18, 19, (all as one tract of land for purposes of . zoning) . (9) 8:10 p.m. Appl. No. 4050 - RICHARD MULLEN, JR. Variance to the Zoning Ordinance, Article X, Section 100-101C, for approval of two concrete vehicle-display pads located in the northerly front yard/area, and/or clarification of ZBA Appl. Nos. 3675 and 3674 as to whether or not Condition No. 2 of the November 18, 1987 decision intended to prohibit just parking of vehicles in front of outside display area. Location of Property: Corner of Cottage Place and the south side of the Main Road, Southold, NY; County Tax Map No. 1000-62-3-20 and 19 (combined as one lot for purposes of zoning and planning for the existing use) . ( 10) 8:15 p.m. Appl. No. 4055 - ARTHUR TRUCKENBRODT. Variance to the Zoning Ordinance, Article III, Section 100-33 , and Article XXIV, Section 100-242, for approval of an addition to existing dwelling with a reduced rear yard setback, and of an accessory shed located in the side yard area. Parcel is substandard in size and is located in the R-80 Zone District. Location of Property.: along the westerly side of a private right-of-way known as Deidrick Lane, Orient, NY; County Tax Map No. 1000-18-03-27. The Board of Appeals.wi'll 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. For more information, please call 765-1809. Dated: September 12, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski ---------------------------------------------------------------x TO: Times-Review Delivered 9/ /91 L.I . Traveler-Watchman For Publication FORM NO.3 - TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL Date . . . . . . . . . . . . . . . . . . . . . . . . . .. 19 .91. . To William A. Hands, Jr. Willow Terrace Lane . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Orient, N.Y. 11957 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PLEASE TAKE NOTICE that your application dated . . ,September.3, for permit to CONSTRUCT A GARAGE ADDITION (SERVICE STATION) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . at Location of Property 24375 MAIN ROAD ORIENT, N.Y. . House No. Street— Hamlet County Tax Map No. 1000 Section . . .18. . . . . . . . . . Block . . . 2. . 32 . . . . . . . . Lot . . . . . . . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .INSUFFICIENT SIDE YARD ON THE NORTH EAST SIDE OF THE PROPERTY. SETBACK . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . .REQUIREMENT OF 25 FEET AS SET FORTH IN THE BULK SCHEDULE FOR "B" ZONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DISTRICTS. ARTICLE % CHAPT. 100-102. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 uilding Inspector. RV 1/80 � � RECEIVED TOWN OF SOOTH0LD, NEW YORK SEP 06 1991 APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL DATE Town �Ierk T 0 THE ZONING BOARD OF APPEALS' TOWN OF SOUTHOLO' N. Y. '��� . l. (We) ..�����������-cc�..x��������—��.���.� �uf ..—...yx,*..—�������-'--`'����� --.----'.- No,ne of Appellant Street and Number __.______ ______________.___._ .__..^�� '.--.HEREBY APPEAL TO Municipality ^ State ` THE ZONING BOARD OF APPEALS FROM DECISION OF THE BUILDING INSPECTOR ON / � . APPLICATIONFOR PERMIT NO. ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR OEN|B] TO x0 ���, ---�������!�7���--��!-�-l'�������--.�.��c-- Name of Applicant for permit of m��� /u��'�-,'-xx����`���'---'�'��==�------'��^-----^'-'---'-~~--r---------' street and Number Municipality Stota ( K) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ' ( ) Street~ ' Hamlet . Use District_ _ Zoning_ Map ' .'-_Current Owner a&-cm n"zp . 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 C)r6inonce.) 3. TYPE.OF APPEAL Appeal is made herewith for (please Check appropriate box) ' ^^ < ~n A \/AR|AN[E to the Zoning Ordinance o, Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Lovv Chop. 62 Cons. Lows Art. 16 Sec 280ASubsechon 3 / \ ` 4. PREVIOUS APPEAL /\ previous appeal (hos been made with respect to this decision of the Building Inspector or with*respect to this property. . 5uch'oppeo| was ( > request for special permit ' ( > request for o variance _ andwas mo6n in Appeal No. ................................Dated,:.-~_-----'-.^-'---__,^~,_.~_,_____.__,- REASON FOR APPEAL C ) A \/orionce to Section 280A Subsection 3 0-6 A Variance to the Zoning Ordinance C ) ^��� �/Z is req�ested for the reason that /4w, ��� ��,�m�m� �r ~~ x-,��~�='�� 11Vs1,0 F -77,it� \ . / rvnm Z-BI (Continue on other side) � \ REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 7/,LF ��t'��BS�D ���/%/Oi✓ Gf/Ou�® �E r�� T/��� SETS, k ���ctikF® )COX Zo,v , 91372lcrS. 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 7/-/-/S /-5 7�� ONL y ss 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because 7-hYS /S /} S —x t//CE 0� S 71W67y�F. ' � w STATE OF NEW YORKss ) 8 COUNTY OF ,S� ) Signature 1 Sworn to this day of.........` J:e�,�r.�7.P.�.................... 19 L .............................................. ...... ...6.... ..... .. ..................... Notary Pu �c JOSH L.TCilMI1SEND JR. Pabft State of New York QUOL uffalk CwMy N0.83 COMMINIM Expires Eeb:2�� TOWN . OF SOUT SOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT �_ Ire a , oc .� • b eS C , FORMER_OWNER N / E ACR.. S_ W TYPE OF BUILDING RES. SEAS. VL. FARM COMM CB. MISC. Mkt. Value �-- .a AND IMP. TOTAL DATE REMA KS 1p— r.2 a. /e f e v, 3 A a 6 3 0 0 7 ° S'�Z 9f 1' L — I.�. O v G�1 n (-{n►s r � t; �a AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable . 1 Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD 13 O u House Plot DEPTH BULKHEAD Total DOCK 1f.7'Y.N NONE EMEMORNEERNEEMEMMM -utit �_ No No 4 �' •. �„L's-"-wa-•. __ _ 1.-r' • , �■■ MMMUS MIMMEMENEUR MMMMMMENEMMMM ■■■■■■■ ■■■■■■■■■■■■■■■■■■■ ound0tiOn :• • .� i ' Basement •• S 1TE PLAN MAP OF P12OPE12TY � ' . . surzvl=YEr� rz .".,.-,'.,1-�.",..,,"':�-.—I:;I-'..:t.,--'.�".�-.";:-.'"!.-;�- HANDS FUEL NCr y+ �-A-.--.7"..';�0.4�-�l-.'I;1."'.��-r-.I-I,w'I--:,.�.i��',.L,.�,��.,--;''-�-'.�-�"'.-��A-',�:-'.-IA'..-.--I---'',,-61"�...�"�.',')7,�;,-.;��--."-I:."-i'')',1-'--.-":-'"l���4.4-..'':"z.ij..'''Q--1;,!!'"4L-��:,�.f.:7I1''I"'-l�1;-'-.'',--1�t.3-.��'...1'"';AIt�.--!--.' .-�,-,�.��-'�-.,;�':"-'i,���-,-��.1':,�.—.;";I:�-�'-'�L�...IA..-'-:.�.1;'".."-.I�'r-:-`.I-"�,.7",��"-.,"�"i�i.7�'-'"-�:;'�-.�.-.,-.--*--�-.,""'-'."'",r�:",%..�i�..�.�,1I�:'I:3"'.�;---.--_i�--��.,.'".-.-:-'.-!,�'.''---,.�.,*".�-.-:,;'.,.'--�--,....�:,.--..�''.L--�.';,l.-.7'"�---";I-'.*--.--'-.-.-1--,.'--.-:.'-�,..��..,.7'-!.�-.-.-..'`�''..�-..-���I" '�,I,.I..����..,:.".''-."�,,,.�',"..'�',,-_::.."4.'�.-�-��"'.**.:�-,-'-.-;.;']�--"''��.'--'��!.�"�;-,-:'.�,�'-�,t.��-...'�,"_'"'_';,'.-".,-',�,-;,.'-'.-,,.:.'�'".',41"'�-':�'�".'-�t�Z"-,","-.-.%�'�.?':'I.�'-.4,�,�i-,'*'-'-'',�i�'--;....,'-,-..'1"'..-.�.l.'"..-,"_--.-,�:*��-..�.:-;��-;".;'�-',�'`,.-,!.;_,.1'.�'P-'����t-'.''_.:";-.:,�-..','�.,'--;i"7!':?'��..-...:'�,I�:'. 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SLAG a . + SOPt4!A� GtUTH.Er� m c C'GA501_INE SERV{CE STAT!OIJ� �n` r , 0957 68.6 Clp?ES P t # 6- .s� X' /�v/ •y/ -...7 � y V 1 f y l5{ l I IsL-mD t ,z 0►JE 11 § .17,2676 O YOUNG WAD ,SIRE WAL D.l. !+ r aOLE...:LlNE �u.� r r 1 J -•� .oLp �r Lea7. t n 5 { c'r�Ar lac l ?ATEab r 7. t { OLE' f - 6A5 MAIN t J Q A_E-l'.E-jINGhf . SCE F')2 EACH EMP -'eEr \`) PLAIT ROAD : Y v .. + _ _HOUSE ; 2-13 11-0 4 IL � o%%SF F®4 � t PLANNING BOARD MEMBERS wM'}' ` t SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman '`'s ,a :';. �,ry` 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 November 19, 1991 William A. Hands Orient Service Station I NOV 2 24375 Main Street Orient, New York 11957 ;u ,------ RE: Site Plan for William A. Hands Orient SCTM#1000-18-2-32 Dear Mr. Hands: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on Monday, November 18, 1991. Be it RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, takes lead agency, and as lead agency makes a determination of non-significance and grants a Negative Declaration. WHEREAS, William A. Hands is the owner of the property known and designated as Orient Service Station SCTM#1000-18-2-32, located at 24375 Main Street in Orient; and WHEREAS, a formal application for the approval of this site plan was submitted on September 4, 1991; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8) , Part 617, - declared itself Lead Agency and issued a Negative Declaration on November 18, 1991; and WHEREAS, a variance was granted by the Zoning Board of Appeals on September 26, 1991; and Page 2 William A. Hands WHEREAS, this site plan was certified by Victor Lessard, Principal Building Inspector on October 16, 1991; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; and be it therefore, RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final survey dated August 8, 1991. The following conditions are to be affixed to the map. 1. Screening along the northerly property line shall either remain as exists or if necessary shall be replaced, within the applicants property line. Such screening shall be maintained with six foot high trees (or similar) to adequately screen the residentially zoned land to the north. 2. Side yards shall remain clear of all equipment so as to be accessible for emergency equipment. 3 . Tank and diesel pump position must be protected to avoid vehicle collision. Enclosed please find a copy of the Negative Declaration for your records. Also enclosed is a copy of the endorsed map for your records. Please contact this office if .you have any further questions. Very truly yours, Bennett Orlowski, Jr. Chairman Encl. cc: Victor Lessard, Principal Building Inspector . Robert Scott, Town Assessors Office • �o��FFO(P�C® PLANNING BOARD MEMBERS _ SCOTT L. HARRIS k J . Supervisor Bennett Orlowski, Jr., Chairman _ p 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 State Environmental Quality Review r NEGATIVE DECLARATION Notice of Determination of Non-Significance November 19, 1991 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Site plan for William A. Hands SCTM#: 1000-18-2-32 Location: 24375 Main Road, Orient SEQR Status: Type I ( ) Unlisted (X ) Negative Declaration: Yes (X ) No ( ) Description of Action: Proposed 330 square foot expansion of storage building for parking and storage purposes. J Page 2 William A. Hands SEQR Negative Declaration Con' t. Reasons Supporting This Determination: An Environmental assessment has been submitted and reviewed. It was determined that no significant effects to the environment were likely to occur should the project be implemented as planned. Because there has been no correspondence received from the New York State Department of Environmental Conservation in the allotted time, it is assumed that there are no comments or objections from that agency. For Further Information: Contact Person: Robert G. Kassner Address: Planning Board Telephone Number: ( 516) 765-1938 cc: Thomas Jorling, NYSDEC Albany Judith Terry, Town Clerk Building Department Board of Appeals Applicant t COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING --- `ARTHUR H. KUNZ DIRECTOR OF PLANNING October 16, 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) Homayuni/Kapotes 4009 Mullen, Richard Jr. 4050 arands, Jr.,. William A. 4054 Very truly yours, Arthur H. Kunz Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE. L.I.,NEW YORK 11788 IS 16)36G-5192 u4 APPEALS'BOARD MEMBERS :t.` SCOTT L. HARRIS _w ,,f Gerard P. Goehringer, Chairman ' !'', :' Supervisor Charles Grigonis, Jr. J/1 " :>>__� 1; Town Hall, 53095 Main Road Serge Doyen, Jr. -' <•- - P.O. Box 1179 Southold, New York 11971 James Diiniziio,1Jr. BOARD, OF APPEALS Fax (516) 765-1823 Telephone R (51'6)7�5�1�09 - TOWN bF 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 : X Variance from the Zoning Code , Article X Section 100-102 XXIV 100-242A Variance from Determination of Southold Town Building Inspector Special Exception , Article Section Special Permit Appeal No . : 4054 - Applicant : William A. Hands , Jr. Location of Affected Land : 24375 Main Road ORient County Tax Map Item No . : 1000- 18-2-32 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay , Sound or Estuary ) X State or County Road , Parkway , Highway , Thruway Boundary of Existing or Proposed County , State or Federally .Owned Land Boundary of Existing or Proposed County , State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines , or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport . COMMENTS: Applicant is requesting permission to construct addition with side yard setback and increase of setback nonconformance. Copies of Town file and related documents enclosed for your review. Dated : October 9 , 1991 APPEALS BOARD MEMBERS ~.' 3'ra /;. �, SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman r.: Charles Grigonis,Jr. Serge Doyen Jr. r �� Town Hall,53095 Main Road James Dinizio,Jr. �; `; t P.O.Box 1179 '' '' �� Southold,New York 11971 Robert A.Villa Fax(516)765-1823 Telephone(516)765-1809 <.,r a -/}y Telephone(516)765-1800 BOARD OF APPEALS TOWN O'F SOUTHOLD October 9, 1991 Mr. William A. Hands, Jr. P.O. Box 181 295 Willow Terrace Lane Orient, NY 11957 Re: Appl. No.' 4054 - Setback Variance for 10 ft. Building Ext. Dear Mr. Hands: Attached please find a copy of the determination rendered by the Board of Appeals concerning the above application. Copies of this decision have simultaneously ,been transmitted to the Planning Board and Building Inspector this date for their files and update. Please be sure to return to their offices for issuance of appropriate permits or approvals in this project before commencing building activities. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Southold Town Planning Board Building Department Suffolk County Planning Commission ge 3 - Appl. No. 405� Natter of WILLIAM A. H DM, JR. Decision Rendered September 26, 1991 Screening along the northerly property line shall either remain as exists or be replaced, if necessary, within the applicant' s property line, and 'such screening shall be maintained with six-ft. high trees (or similar) to adequately screen those residentially zoned areas to the north. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Dinizio, and Villa. This resolution was duly adopted. -�lk .' GERARD P. GOEHRINGER/'-CHAIRMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE /D! g /5'r HOUR F a6 A,ti Town Clerk, Town of Southold g%SFFO(� o� OHO COp co PLANNING BOARD MEMBERS co SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman 0� �� 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 c- (� ,I 19 I RE: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist u in your response Project Name: �� • G Requested Action: SEQRA Classification: ( ) Type I ( ) Unlisted Contact Person: o ( 516) -765-1938 The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty ( 30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Plan In Board Position: ( This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other. ( See comments below) . l Comments Please feel free to contact this office for further information. Sincerely, Bennett Orlowski, Jr. Chairman cc: Board of Appeals 4 Building' Department Southold Town Board '- uIRp J- *NYSDEC - Stony Brook *NYSDEC - Albany * Maps are enclosed for your review Coordinating agencies ' ' 14-1'6-4 rz/an—Text 12 i - PROJECT LD. NUMBER ' 617.21 Appendix C SECIF State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART [—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR /��LJ 2. PROJECT NAME 3. PROJECT LOCATION: '/✓ �7 1) Municipa lity L�j 7�^ 4.. PRECISE LOCATION (Street address and road intersections, County prominent landmarks, etc., or provide map) 5. IS PROPOSED ACTION: �� / ❑New 0 Expansion B Mo/dification/alteratlon 6. DESCRIBE PROJECT BRIEFLY: I i 7. AMOUNT OF LAND AFFECTED: Initially (� -Sp.S C. I' Ultimately !�/�U $1 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes ❑No If No,describe briefly C9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJ ECT? Residential ❑Industrial Describe: ❑Commercial Agriculture ❑park/Forest/Open space ❑Other 10. DOES ACTION INV;�7yes, MIT APPROVAL,OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL) ❑Yes list agency(s)and permit/approvals 11. DO ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes O No If YES, list agency name and Permit/approval 12. AS A RESULT OF P El Yes No OSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? 'I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE APPIIcant/sponsor name: J 1 (' �` �//L3 /✓ Dale: 6 tjr / -"Z/L Signature: � /l�/.'L/ 4� If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding With this assessment OVER _. 1 PART II—ENVIRONf.1ENTL: 1SSESS-,IENT jo be completed by Agency i A. DOES ACTION EXCEED ANY TYPE 1 IN o NyCisR• PART 617.12? If yes, coc to the review process and use the FULL EAF. ElYee ElNo .s . B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.E? If No,a negative declaration may be superseded by another involved a-)oncy. El Yes 1 No -R•*-►^A C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten. If legible) C1. Existtnq air quality. Surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic,agricultural, archaeological, historic,or other natural or cultural resources;or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species,significant habitats, or threatened or endangered species? Explain briefly: i C4. A community's existing plans or goals as officially adopted,or a change in use or Intensity of use of land or other natural resources?Explain briefly C5. Growth, subsequent development,or related activities likely to be induced by the proposed action? Explain briefly. C6. Long term,short term,cumulative,or other effects not identified in C1-05? Explain briefly. C7. Other impacts(including changes in use of either quantity or type of energy)? Explain briefly. 1� F D. IS THERE,OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ❑Yes ❑No If Yes, explain briefly PART III—DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that, explanations contain sufficient detail to show that all relevant adverse Impacts have been identified and adequately addressed. ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. ❑ Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Name ul lead Agency Print or (ype Name or Kespuniible 0JhTe1 m Lead Agency frtle ur Krsponuble Ulrfcer Signature of HrsDonsible ViliCcr m lead Agrncy Signature or I'n•parer ill different from responsible officer) (\ Date • 2 q. o o� o l/ v Gym PLANNING BOARD MEMBERS ti SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman �y ® �� Supervisor George Ritchie Latham, Jr. .ao Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 S-outh6 eve! -ork-11971 Kenneth L. Edwards �-' X PLANNING BOARD OFFICE j S L� {� I�)j Telephone (5 l6) 765-1938 TOWN OF SOUTHOLD f Fax (516) 765 �Il823 11 SEP 1 8 .i991 ;111 j MEMORANDUM 1 TO: Gerard P. Goehringer, Chairman, Zoning Board of Appeals FROM: Bennett Orlowski, Jr. , Chairman DATE: September 16, 1991 RE: Proposed site plan for William A. Hands SCTMO 1000-18-2-32 This is in response to. your request for comments on the above referenced variance. The Planning Board is -.in favor of granting this variance because there is no practical alternative available to Mr. Hands. As part of our coordination policy, the Planning Board will begin the coordinated environmental review at its next meeting on September 30, 1991. cc: William A. Hands, owner PLANNING BOARD MEMBERS y A x� SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman _:< ;Af Supervisor George Ritchie Latham, Jr. 1O 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 September 17 , 199�E� \17 William A. Hands 8 �99� Orient Service Station sp , 24375 Main Road j(_i Orient, NY 11957 RE: Proposed amendment site plan for Orient Service Center Main Road Orient Zoning District. General Business (GB) SCTM# 1000-18-2-32 Dear Mr. Hands: The Planning Board has received your site plan application for an extension of the principal building. The Zoning Board of Appeals has informed us that you have applied for a side yard variance. Your application will be reviewed by the Planning Board office concurrently with the Appeals Board. However, please be aware that the Planning Board cannot issue approvals until and unless the Zoning Board grants the variance for which you have asked. If you have any questions, or require additional information, please contact this office. Sincerely, Bennett Orlowski, Jr. Chairman / cc: Gerard P. Goehringer, Chairman Zoning Board of Appeals Cl 16 1991 D� MEMORANDUM TO FILE Subject: Meeting with Mr. William Hands in connection with proposed expansion of storage building. Zone: General Business (B) Location: N/s S.R. 25 opposite Platt Road, Orient SCTM # 1000-018-2-32 A meeting was held on August 14, 1991 with Mr. William Hands to review a proposed expansion of his storage building. The gasoline service station is a permitted use by special exception in this zone. The building is preexisting non conforming as to set backs. I informed Mr. Hands that he could not expand the non-conformity with out approval from the Appeals Board. Two alternative approaches were considered. One being the purchase of a twenty ( 20) foot strip of land to the east, and the other was to relocate the proposed expansion at the required twenty five ( 25) foot side yard set back. Mr. Hands requested a review by the Planning Board. R. G. Kassner ADDENDUM: On August 14, this matter was reviewed by the Planning Board. Purpose of 10' addition is to provide cover for fuel trucks. Applicant must go to the Zoning Board for a variance, unless he sets addition 25 feet back from his side property line. Acquisition of additional property to the east is not likely nor is it recommended due to fact that adjoining parcel - is flag shaped, and has no other road frontage. Bob Scott of the Tax Assessor' s office confirmed, today, that the adjoining lot has not been merged with next lot to east which has more road frontage. V. Scdpa >8/15/91 cc: Victor Lessard, Principal Building Inspector Gerard P. Goehringer, Chairman, Zoning Board of Appeals Aug 1 6 ►99� r REVIEW OF PRELIMINARY SITE PLAN FOR: Hand.' s Fuel Co. N/s State Route 25, opposite Platt Road, Orient SCTM # 1000-018-2-32 Zone: B General Business Lot Size: 17,460 square feet B zone minimum is 30,000 square feet Percentage lot coverage: Maximum. allowed coverage - 300 Existing coverage - 16.60 Proposed additional coverage - 1.80 Required side yard setback - 25' Existing side yard setbak - 20 ' . ,: SITE PLAN MAP OF P2�PE2TY _— r E - . . surVEYEG ��rz I HA I.i,.� . ���.!. . .. � "', _` ,,,,,,, I . - I....,. �, - --- l .V, � . , __ -- - �, . . . . �.. , . f D`5 FUEL-'cu.- � � �. . .. ..'. . 1. "� , ,p_' .,.,.�;_''i_ ' INC '_,- �_. , '-, ,lc- -,_,��_,..:�,47.',' :. _ I . ,. '. I * '' _ �, . �',,'.'�,.,i��,. ,,�-"""I�� � ,-" I .. . � .. . �1 .1111 . v :�m:,, '. "' '::1 . .. T ',"-,t+ S''- t" , , 'Lf. . . ., � . �_.�'. ' ' . , ".,- -, ,.;�,�`, � . ,: ,-.:' .:`. . .;, �.,. I �'_� - i.rd 3:`3t Ps OR I ENT " ;,,c,. t " r t e . TOWN at^SOUTHOI.D, N Y C ti - --,_ .,n �- OWNED 4 DEVELOPED BV :' a`` f"', `° . _.WILi,I.AM'A !-ANDS, rR ',.k' ,' . i. 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'.x ya ''t ,3 t e 'rtr « fir' 'xJ ti `yam {HOI,J$E �, }.? J _ _ 1 .,,i. ..-._ ., « .:�`'�:.., ....;�. ` t';.':+.�_ �. ,1',I,,l... .,+. <.r:t,, a ,}..11 n..I Z. .1 ... ODD%%3FF0L/( - O APPEALS BOARD MEMBERS co SCOTT L.HARRIS ca Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. ®j �,`�� 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 September 12 , 1991 S.E.Q..R.A. TYPE II ACTION DECLARATION Appeal No. 4054 Project/Applicants: William Hands County Tax Map No. 1000- 18-2-32 Location of Project: 27375 Main Rd . , Orient , NY Relief Requested/Jurisdiction Before This. Board in this Project: Addition with insufficient side yard .setback 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 444-4 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. me a TRANSCRIPT OF HEARINGS SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY , SEPTEMBER 26 , 1991 Board Members Present: Chairman. Gerard P. Goehringer and Members : Dinizio , Doyen , Grigonis and Villa Linda Kowalski , Z. B. A. Secretary and approximately 22 Persons in the audience . Appl . No . 4054 - WILLIAM A. HANDS,JR. The Hearing opened' at 7 : 30 p.m. The Chairman read the legal notice for the record and application before receiving testimony. The application as mentioned in the legal notice is a 10 ' addition by approximately 33 ' to the rear of the service station and the combination dwelling area. I have a copy of a survey that was dated November 29 , 1990 by Roderick VanTuyl P. C. indicating in dotted lines the proposed addition and I have a copy of Suffolk County Tax Map indicating this and surrounding properties in the area. Is Mr. Hands available? How do you do sir. Maybe you might want to use the mike once and maybe someone has some questions . Is there anything you would like to state for the record? MR. HANDS : I don ' t have anything to state really. Mh. Villa and Mr. Dinizio as far as I know were the only two people from the Board down to view the property. CHAIRMAN : I was down and I did ' t see you. I was in a blue Camaro and .I apologize . I was in a bit of a rush . I had to run up to that private road just to the east and had little time left and I apologize . Is this addition going to be a one story - addition as the back is now?, MR. HANDS : It is a one story addition and the roof is going to be raised . CHAIRMAN : How much higher will the roof be ? MR. HANDS : The roof presently is approximately 101 . What we want to do is .go to the peak of the building which is 20 ' and bring it down to 14' . I think its going at 14 ' . CHAIRMAN : 14' it is and the smallest at the end of the 10 ' addition . .. - _ .. .. .. ..,..- .. ...•......o..S��.�r)a._.{:r..a'JiJkit':.L Jt-.�.a.Vi4fti'.a. A .. .,_ r. . Page 2 - Appl . No . 4054 William A. Hands , Jr . Hearing Transcript of September 26 , 1991 MR. HANDS : Put two 12 ' doors in for a legal bulkhead. h CHAIRMAN : WiTV'there be any storage above that? MR. HANDS : No , it is open . We have storage above the existing building which we may utilize through this addition but that' s down the road . CHAIRMAN : What is your timeliness on this ? Do you need a decision as quickly as possible . MR. HANDS : We would appreciate it because obviously our need for it is fairly immediate . We would like to do it this winter. Obviously once you people have approval we would. get going. CHAIRMAN : We thank you for coming in and we will do the best we can for- you within the next two weeks . I don ' t know if we will get to it tonight depending upon how late the meeting goes . Thank you again . Is there anyone else who would like to speak in favor or this application , anyone like to speak against the application? Questions from Board members ? Hearing no further questions , I make a motion closing the hearing and reserving decision until later. Seconded . ALL IN FAVOR: AYE . Appl . No . 4049 - MR. AND MRS. JOSEPH CARPENITO. The Hearing opened at 7 : 35 p .m. The Chairman read the legal notice for. the record and application before receiving testimony . CHAIRMAN : I have a copy of the site plan indicating this particular addition which is a garage area in the front yard or garage in the front yard area approximately 15 ' x 22 ' and it was produced by Sambach Associates , most recent date is 7/18/91 and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr . Sambach how are you tonight? MR. SAMBACH : Good evening. CHAIRMAN : What would you like to state for the record? Page 20 - Appl . No . 4055 __Arthur Truckenbrodt Hearing Transcript of .September. 26 , 1991 CHAIRMAN : I really can ' t answer that. BOARD ASSISTANT L . KOWALSKI : 'There is a violation on the pro- perty. CHAIRMAN : There is a violation on the property. The applicant is seeking to rectify that violation by the nature of this application , I assume . MEMBER : It seems you got the cart before the horse'. BOARD ASSISTANT L . KOWALSKI : When was it built`? CHAIRMAN : Do we have any idea when it was built. MR. BOYD : It was begun this Spring some time . I don ' t know exactly when the violation notice was put on it. . I agree it is the cart before the horse . I apologize for it but I wasn ' t there. I had nothing to do with that aspect . Certainly if he came to me I would have suggested it be done the other way around . Again , if clients always follow things I told them , I would be out of business pretty soon . CHAIRMAN : Thank you again . Hearing no further comment , 1 make a motion closing the hearing and reserving decision until later. ALL IN FAVOR: AYE. Theresa Reilly (Prepared from tape recording ) ��c��FFOLk��Gy JUDITH T. TERRY < Town Hall, 53095 Main Road TOWN CLERK v T P.O. Box 1179 REGISTRAR OF VITAL STATISTICS in Southold, New York 11971 MARRIAGE OFFICER Fax (516) 765-1823 sdLiol ��® Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: . Zoning Board of Appeals FROM: Office of the Town Clerk DATE: September 6, 1991 RE: ZONING APPEAL APPLIC. NO. 4054 - WILLIAM A. 'HANDS, JR. Transmitted herew-ith is Zoning Appeal Applic. No. 4054 - WILLIAM A. HANDS, JR. together with the Notice to Adjacent Property Owners, the Notice of Disapproval from the Building Department, the Short Environmental Assessment Form, the Zoning Board of Appeals' Questionnaire, and .a copy of,a site plan map of the property. Judith T. Terry Town Clerk .14.16.4 fZM71—Text 12 PROJECT I.O.NUMBER ) 617.21 t SCQR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1, APPLICANT/SPONSOR 2. PROJE NAME 3. PROJECT LOCATION: Municipality D�i� 4. PRECISE LOCATION(Street address and road intersections,prominent landma ks,retc �yFFO�� n 113 7 C �,�iy etc,or provide map) 5. Is PROPOSED ACTION: • ❑ t6l New Esoanslon ❑Modificationlalteratfon 6. DESCRIBE PROJECT BRIEFLY: 40V 1 T/D Al �O ""Ox /o°X 33' 7. AMOUNT OF LANO AFF CTED: Initially - acres Ultimately acres S. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LANO USE RESTRICTIONS? ❑Yes ®No If No,describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? tpl Residential r ❑Industrial �13 Commercial Describe: � Agriculture ❑parklForestlOpen space ❑Other �iQ2.y C-firrf/� 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? ❑Yes WNO If yes,list agency(s) and PermiUa pprovals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes No 10 yes list agency name and permitlapproval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE 110DIFICATION? ❑Yes ❑No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicantlsponsor name: ,[„� �S V,T�_ /S 1 Date: 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 rtn • • Of thiseform,S. Environmental Quality Review Act requires . and an environmental review will be a:ade submission es this Board before any action is taken. 41. SHORT ENVIRONMENTAL ASSESSttENT FORM INSTRUCT_ONS; (h re order to answer the questions in this short EAF it is assumed , that the prenarer will use currently in information'concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. t (d) Environmental Assessment ^ 1• Will.project result in a large physical change , to the project site or physically alter more than 10 acres of land? -Yes J,IO 2• Will there be a major change to any unique or unusual land form on the site? oe _Yes V/ No 3• Will project alter or'have a large effect on an existing body of water? / ' Yes ,/ No 4• Will project have a potentially large.- imp groundwater quality? on � ge flow _Yes "o 5• Will project significantly effect drainage on adjacent sites? � Yes �o 6. Will project affect any threatened or endangered plant or animal species? � _Yes r/No 7. Will project result in a major adverse effect on air quality? / __Yes _-"To 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 _ 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 environmental area by a local agency? / Yes o - 10. Will project have a major effect on existing or future recreational opportunities? / Yes a/No 11. Will project result in major traffic problems or cause a major effect to existing transportation � systems? _Yes w No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? _Yes y(ja 13. Will project have any impact on public health or safety? 14. Will —Yes project 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 controver project? sy concerning the .Preparers Signature.. a Yes �o Represe ttinc:®%/ cJ�2�ec 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. ) 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 ropy of "conditions" of sale. ) C. Are there any proposals to change -or alter land contours? { } Yes {>(f No D. 1.. Are there any areas which contain wetland grasses? �4/e 2. Are the wetland areas hown on the map submitted with- this application? A144 , 3. Is the property bulkheaded between the wetlands area and the upland building area? _ /tom 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? A10 E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? /VIF (If not applicable, state "N.A.") F. Are there any patios, concrete barriers,. bulkheads or fences which exist -and are not shown an the survey map that you are submitting? If none .exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? Ale 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? /✓D If yes, please explain where or submit copies of deeds. ' I. Please list present use or operations conducted at this parcel SERX1d E- _5 i4AI 40 to /1tAs1jsL and' proposed use All S� Authorized Signature an Date 3/87, 10/901k t § 97-13 WETLANDS § 97-13 TOWN — The Town of Southold. TRUSTEES — The Board of Trustees .of the Town of Southold. [Added 6-5-84 by L.L. No. 6-19841 WETLANDS [Amended 8-26-76 by L.L.No.2-1976; 3-26- 85 by 1,.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 cQrdgrass, 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 13(1)and lying with- in seventy-five(75) feet landward of the most land- ward edge of a"freshwater wetland." 9705 2-2s-ss SOUTHOLD TOWN BOARD OF. APPEALS 765-1809 INSTRUCTIONS \ FOR VARIANCES OR SPECIAL EXCEPTIONS Please submit the following, by mail or hand delivery: 1. Notice of ,Disapproval and a copy of your application and map submitted to , the Building Inspector (for his review 765-1802) . 2. Application, typed or neatly written, signed and notarized: a. Article and Sectons. of the Code must be printed in detail b. Describe permission or relief on bottom of first page. c. Street Address;' Name of Subdivision (if any) , County Tax Map' Number (all from Notice of Disapproval) . d.. Zone District ( from Building Inspector' s Office) . e. . . Current owners' names and addresses. Persons other than owners must submit written authorization from owner and Affidavit of . Disclosure .if a corporation, partnership or other entity. f. Describe difficulties or hardship due to strict compliance with . the zoning regulations. (Side 2) Speci 1 Exception Form ZB2' must include uses and activities ; '' exi ing. as--well as those proposed, in addition to maps. h. NVg ri applications must include general wording of sign, height from ground, location with distances to etm,ensions, rop ty lines, written permission from property owner. ) 3. Notice to Adjoining Property Owners Form: a. Confirm current adjoining landowner names and addresses with Assessors Office. (Notice must also be given, to owners of private rights-of-way. ) b. Send- copies of this form by certified mail to each adjoining landowner (with front side completed) together with copy of your map or sketch. ----- c. Receipts must be postmarked by Post Office at time of mailing., d. Return. original form, with reverse side completed, signed and notarized, to ZBA office with postmarked mail receipts. 4.\r Environmental Assessment Form (Short or Long Form) completed and signed. {If "yes" box on questionnaire is checked, additional forms will be necessary. } . 5. Z.B.A. Questionnaire. {If "yes" box is checked, please furnish additional information. } Please complete and sign. 6. Copies of: (a) sketch/building-floor plan, height 'of structure Please include location of entrance doors; (b) current or available Certificate of Occupancy from Building Department; (c) current deeds are necessary for. subdivision projects or new dwelling projects. 7. Original and three prints of a survey (or other certified map to scale, showing showing all setbacks of existing and proposed structures, patios, driveways, wetland areas, square footage -and dimensions of lot, dimensions of new construction, fences, tanks, overhangs; chimneys, etc. (If your project involves total lot coverage at ,more than 200 of the area of the lot, please provide lot and building calculations. ) 8. If new construction is proposed at this time, please flag outside cornersfor on-site inspections as early as possible. . Photographs of flagged construction areas should be submitted at least 14 days before the expected hearing date. (Photographs are required for areas between wetlands and flagged area of now- construction under consideration, if any. ) 9. Filing fee check payable to the "Southold Town Clerk. " (A copy of the fee schedule is attached. ) {.Fees will not be recommended for a refund once a public hearing has been held and advertised. } V\ Your receipt for filing will be forwarded to you within 72 hours after review and receipt of all the above documentation. Written notification of the hearing date will be confirmed by mail by way of a copy 'of the Legal Notice . (as advertised in the L.I. Traveler-Watchman and Suffolk Times newspapers) . If your project: (a) involves freshwater or saltwater wetland areas, please be . sure to file applications to the Town Trustees and N.Y.S. Department of Environmental Conservation {subdivisions included} and provide proof of filing and a copy of the SEQRA determination, when available; (b) abuts other property you own, please provide us with copies of all deeds {a single-and-separate title search for . substandard lots may be requested if one is not available) ; (c) involves a lot-line change, increase in density, or commercial use, please be sure to file an application with the Planning Board for coordination with the Z.B.A. as- early as possible and furnish proof of filing or other recent correspondence you may have from the Planning Board. Please feel free to call. at any time if you have any questions. Rev. 1/88, 5/13/911k (Pleue Use this Form(or Filing your Loca(Law with the Secretary of State) Tcxt of law should be given as amended.Do not include matter being eliminated and do not use italics or underlining to indicate new matter. . %Q4iYnYy �aGaC of Southold ........... .................... Town mil{�k( . •. '. Local Law No. .......:29...:......... of the year 19 90........ A In Relation to Zoning- pplication.Fees A . . ...... ... .. (Inscrt•title) - ... . . local Be it enacted by the ..................Town Board . ...................................... of the •. (Name of Legislative Body) gSouthold ....._. ., as follows: Town of .................................. .. 1. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended. ' as follows: 1 . Section 100-262 (A) (Application; hearing; approval; violations of conditions)" is hereby amended to read as follows: A. An application for a special exception approval shall be on the form for the same provided by the Zoning Board of Appeals and shall be submitted in triplicate to the Zoning Board of Appeals, .which shall review .the application for completeness and conformity with this chapter. The Zoning Board of Appeals shall reject the application if- it is not complete or not in conformance with the Zoning Code and shall, notify the applicant as to the reason for such rejection. if the application is satisfactory, the applicant and the Zoning Board of Appeals shall set the application down Tor -a public hearing. The fee for a special exception shall be three hundred dollars. ($300.) , as set forth in Section 100-274. 2. Section 100-274 (Fees) is hereby amended to read as follows: ti Applications.to the Board of Appeals for any relief herein shall be accompanied by a fee as hereinafter provided: A. For applications involving fences, accessory structures, or accessory buildings containing less than two hundred square feet (200) in floor area, the fee shall be one hundred fifty dollars ($150.) . B. For all other applications, including those involving commercial "property, containing a single request (for example, an application • requesting one variance or an application requesting a special exception) , the fee shall be three hundred dollars ($300.) . C. For applications containing more than one request, (such as an application requesting an area variance and a width variance) , the fee- shall be five hundred dollars ($500.) . II. This Local Law shall take effect upon its filing with the Secretary of State. (If additional space is needed,please attach sheets of the same size as this snd number etch) Southold Town Board of Appealw -9- June 28, 1973 PUBLIC HEARING: Appeal No. 1795 - 8:00 P.M. (E.S.T. ) , upon application of Joy Finkle and :Millie Messeri, wain Road, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 701 and the Bulk Sch©dula, for permission to operate a second businessl(Take-out Deli) on the same premisoo ' with a public garage. Location of propertya .jor,th side Main Road, Orient, bounded north by H. Schmidt; east by lay, Schmidt; south by Main Road; west by H. Terry Estate, Fee paid $15.00. The Chairman opened the hearing by reading the. application for a variance, legal notice of hearing, affidavits attesting to � its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. MYRON FIN' ;@,: I would like to Fspoak in behalf of this application. The last objection to our ap'pl:i.cation was that we do not have ample pausing but we do. Thera is -not that much traffic in the area. It behooves me to ask you why, when I got greetings and salutations in the mail today on taxes on my business and a piece of property down the road (the taxes we pay contribute to the township and we never knome of meetings when there are tax increases) , should not we be ::ble to put in Fa business in that four walls without changing the size of the property or doing any harm? 7ae business has boon there for forty years of continuous use. Somebody else was there for thirty-eight years and we took it over. There were no traffic jams in the past and there is no reason why there should be one there now. We are trying to enhance our business and do something better for ourselves. THE CHAIRMAN: Does anyone else wish to speak for this application? (There was no response. ) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? MR. WILLIAM Y. TERRY, JR. : According to the Master Plan adopted by Southold Town, the map indicates thg; area to be zoned Agriculture- Residential and this property was given a non-conforming use to operate as a garage or service station. Thxa fact indicates that the Planning Board and Zoning Board felt that more business ahould not be located in this area. In addition, one of the most, importan't.* aspects in this business already is a lack of space for parking area. It is already extremely limited and with another business operating on the same premises would cause a definite hazard. P+osently, in the spring, summer and fall, the overflow of cars are already parked not only on the property but on the shoulders of the Main Road both east and west of l C Southold Town Board of Appealo -10- Jane 28, 1973 the garage, across on the south side of the road and on Platt Lane. On many occasions it is virtually 4mpossible to see when trying to enter the Main Road fora Platt Lane, as cars parked on the shoulder block the v*ew. (Mr. Terry read the above from a letter he sent the Southold Town Board of Appeala, dated Juno 28, 1973)• MRS. JEAN TIEIXM (League of Women Voters) I think there would be an increase in the traffic problem. The Chairman read letter received from Charles and Patricia Knispel, Main Road, Orient, dated June 28, 1973, protesting the application on the grounds that an additlonal business is a downgrading of the property and could Lead to a rash of spot zoning in this area. The Chairman read letter received from Ruth and Gene Oliva, Orient, dated June 28, 1973, protecting the application on the grounds that the property was originally zoned Agricultural- Residential with one variance to operate a, garage and that a second variance for a -Take-out Deli is juot too much. Also, that there is not enough in the way of par':ing facilities at the garage for another business. ., cars and trucks are parked all over Main Road ;caking the visibility from Platt Road very difficult. The Chairman read letter received from Erich. Schmidt, Orient, dated June 28, 19739 protesting the application on the grounds that to add another business in a Residential-Agricultural zoned area does not seem justified. The major concern as an adjoining property owner is one of very limited space. Many times during the course of business: hours the overflow of cars are parked in front of my house and on the shoulder€ of all adjoining property owners. This creates a hazard for both traffic and pedestrians. MRS. TIEDKE: I think the parking is definitely a problem. In view of the fact that the 'Orient perry is putting on a third boat tomorrow, there will be increased traffic. THE CHAIRMAN: I might say that the Board denied on January 27th an application for a coffee shop principally for lack of space, lack of parking. A new business starting in now would require 30,000 sq. ft, under the now Ordinance. THE CHAIRMAN: Does anyone else wish to speak against this application? C� (There was no response. ) THE CHAIRMAN: Does anyone wish time for rebuttal? MR. FRANX MESSERI: What would the old one require? It was good for a coffee shop, it should be good for a deli. y 4 Southold Town Board of Appeals -11- June 28, 1973 MR. MYRON FINKLE: The last time we were here it was a question of tables and chairs. Where would be no tables and chairs in this case. We do have ample parking facilities on top of which I don't see anything wrong with "this application. The business has been here nor forty years. We would work within four walls. We are not expanding. It is only throe months of the year that we depend on. Traffic goes down to nothing during the other nine months. THE CHAIRMAN: I think that permitting another business in a non-conforming business area is beyond the scope of this Board so I would have to vote against this application. We don't have the power under the Ordinance to allow an increase in the type or number of businesses that you have there. That 's my opinion, leaving out all questions of taxes and seasonal business. MR. FINKLE: We bought the place to make our home for the future. We are going to be here for the rest of our lifetime. We are only working for ourselves. This is what we have to live with. We do no harm, we don't block streets, and the business was there for going on forty years, and has done nothing harmful then or now. We want to have this, business within four walls, within the confines of th© building. THE CHAIRMAN: It will certainly expand th© use of the property. The original non-conforming use can not be increased on an under- sized lot. A solution would be to have the zone changed and to acquire additional property. MR. FINKLE: I know the solution but that 's another thing. I am saying that I can see no reason for this application to be denied. THE CHAIRMAN: Are there any further questions? MR. FRANK MESSERI: Does this Board pass on all business in Orient? THE CHAIRMAN: It 's very seldom that we have applications for business. Originally the zoning map was created in 1957 and this was not created as a business zone. It was non-conforming business. MR. MESSERI: The business that is there nowsas passed by this Board. THE CHAIRMANs This was before the Zoning Board of Appeals was in existence. MR. MESSERIs It would have to be approved by someone. j q Southold Town Board of Appeals -12- June 28, 1973 MR. CHARLES GRIGONIS, JR. : a'':Zis was done long before there was a. Zoning Board. We started in 1957. Before then you did not have to come before a Board. After investigation and Inspection the Board finds that applicant requests permission to operate a s cond business (Take-out Deli) on same premises with a public garage on the north side of Main Road, Orient, New York. The Findings of the Board are that the area is zoned Agricul'�ural-Residential and this property was given a non-conforming use to operate as a garage; and that permitting another business In a non-conform- ing business area would expand the use of the property on an undersized lot. The members of the Board agroe that it is beyond the scope of the Board of Appeals to g1azt this application; and that the only solution to the problem would be for the applicant to endeavor to have the zone changed and to acquire additional property. The .Board finds that strict application *of the Ordinance would not produce practical difficulties or tvinecessary hardship; the hardship created is not unique and would be shared by all properties alike ' in the immediate vicinity of this property and in the same use district; and the variance will change the character of the neighborhood, and will not observe the spirit { of the Ordinance. On motion b Mr, Gillis pie,. pie, seconded by Mr. Bergezi, it was RESOLVED, Joy Finkle and Millie Messer! be DENIED permission to operate a second business (Take-out Deli) -on same promises with public garage on the north side of Main Road, Orient, New York, for the reasons stated. Vote of the Board: Ayes:- Messrss Gillispie, Bergen, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 1799 - 8:30 P.M. (E.S.T. ) , upon application of George Ahlers aAid Barry Hellman, Cutchogue and Southold, respectively, for a special exception in accordance with the Zoning Ordinance, Article V, Section 500, Subsection B-1, for permission to erect multiple dwellings. Location of property: west side Youngs Avenue, Southold, bounded north by D. Charnews; east by Youngs Avenue; south by Long Island Railroad, Maier, Averett, Kaolin and others; and west by R. B. Grattan, Wetkowski and others. Fee paid $15,00, The Chairman opened the hearing by reading the application for a special exception, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. " Southold Town Board of .,"..ppeals jar_oary 27, 1972 C PUBLIC IMARING: Appeal No. 1489. - 8:30 ?.h. (E.D.� .T. ) , upon application of Myron & Joy r'inkle, :lain road, Orient, T-Mew York, for a variance in accordance with the' Zoning Ordinance, <1rticle Xs wection 1007 (d) - Old Ordinance, (hew Ordinance - rticle XII, Section 1204 (d)113 for permission to reinstate use (restaurant) which has been dieontinued for a period of over two years. Location of property: north side of Vain Road, Orient, New York, bounded north-by H. Schmidt, east by H. Schmidt, south by Main Road, west by H. Terry Estate. Fee paid . 5.00. The Chairman opened the hearing by- reading the application for a variance, legal notice of hearing, affidavit attesting to its publication in the official newspaper, and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? M. NIMOIT FINi{ZE: lie' are the owners, We have no desire, to trespass or infringe on the rights of "others. ►le don't want to change what we found. We hope to improve the property. Tie only want to make a small coffee stop and will close down early,, at two or three o'clock. The Chairman read letters , as follows: From Stanley Corwin, Esq., dated January 2b, 1972. . . . . from P r. & 11`rs. A. Nelson Chapman, Orient, I-ew York, dated January 27th, against variance being granted. . . . from Mr. William Y. Terry, Orient, dated January 26, 1972, objecting to the granting of this variance. . THE CHAIRMAN: Would you serve coffee at tables or would you dispense it out of machines? What do you ►roman by restaurant? iylR. FIITKM: We would like to have siX tables with four chairs each. A person could stop for a short time or I;. -they wished they could take the coffee-with them. People who stop in do ask for coffee and A doughnut, and we understand that there was a restaurant there previously. THE CHAIRMAN: There were a couple of tables there. Is that where you plan to locate your tables? MR. FINKLE: Yes. NIR. HULSE: Will there be cooking`' DR. FINKLE: We don't know what the Board of Health would require from us. If their rules are too strict, maybe we won't open up. THE CHAIRMAN: Apparently the Board of health has permitted a marina to operate a I'tewart frozen sandwich machine. /r Southold Town Board of Appeals -9- January 27, 1f IIR. FIKKIZ: We want to make the property better and would like to see it fit into the surrounding area. THE CHAIR, MIAN: I am sure you mean that. What is the size of the property you bought? FlNid. : 158 feet on the front by 106 feet. It's a rectangular lot. TIM CHA.IRMAY: There used to be a right-of-way at Tabor's. Do you own that? Pal. r INIKEE: We don't have it yet. THE CHAMM-01: Did A'chmidt put a fence down there? IR. H OI A.RtD TERRY, Bldg. inspector: It Mould have out off the space that Joe used. The position of the building . is such that the northeast corner of his property is pretty close to the line and would only have given him 10 feet east. It was my understanding that that piece east of the garage was swapped for the part with the growth of trees. Imo. PINILLL: I will bring' you the paper. Joe has a piece of property that he rants to trade even-up but he and Schmidt can't come to an agreement. They decided that Joe would swap his property down the street for the piece that has a 25 ' foot right-of we He would et 150 ft. for the 25'ft. that we would like to have. We have `.�10 000gin'escrow. It was' found out that he did not have title to the land. .. something like 'intestate". THE CHAIRMAN: He doesn't doesn't have title to what he sold to you? ia. �'ui=: He doesn't- have title to the lard down the. streeG so they can't exchange. Now, we have. an agreement that if joe can come up with the land he will get that money. - Wd have liven him two years. If not, he will have to turn back the money. This is between hire, Schmidt, Schmidt's lawyer and the real estate man. THE CHA.IRDIAM' One of the problems is parking. In the new Ordinance a requirement is one parking space for each five seats in a restaurant. With 24 chairs, we would require five parking spaces and I don't thibk you have the room. If a' big trailer was in there nobody could ,get in or out. The storage tanks are fairly close to the State highway and that is illegal under the old or the new Ordinance. It was never zoned Business because it' is in a residential area and it was not contemplated in the original finning Commission, of which I was a member, that it should be Business there because it' s a non-conforming use in a residential area and the site is really too small even for a garage. j Couthold Town ?Board of Appeals -10- January 27, 1972 1.2, LLOYD TERRY: There is* adequate room for the cars that are brought to the garage for repairs. Usually to the east of the garage there are two or tl4ree cars -as the result of" a wreck. If I may say.,'-at this time,' I make frequent trips to the garage and'. I can't recall at any onetime where trucks were coming in that I did not have room to park my vehicle off the highway. If' a' person were- going out- to dinner they would not Co to eat where there is a garage adjacent; - but it is nice if you are stopping for. - gat to be able to get coffee, Ily wife and I, after much discussion, can find no reason to oppose. We* feel it would be a good idea. I canit see any objection from the standpoint of traffic, certainly not nearly the hazard that ' the Barn Auction was last year: 1 saw cars from 9:30 A.M. t 4 P.M. parked double on both sides, and people crossing back' and forth, and I don't recall seeing a' policeman An objection was raised from the standpoint of not having adequate parking facilities' .but where was the concern at the time of the auction? This is a thing that was a threat to all motorists. THE CHAIR AN: I donit believe the auction has any relevance to this application. 1%2'. LLLOYD TERRY' We are in favor because we can see no threat as far as property devaluation is concerned. THE- CHAIRIAMI: The Board' has to- consider that a restaurant has to be located in a Business zone, and it has to have a minimum amount of parking with it This is not "B" zoned, itls a non- conforming area. That's why I brought up the subject of parking. This use has-'beeh abandoned.' '. I' don't think this Board could' ' entertain the' idea of' 'a restaurant in a non-conforming area even If the area were large enough. The Board of` Appeals considers hardship cases (variance's' and special exceptions) Thee Town Board legislates Business -Zones,. 'N Zones, so it seems to me that this is goirig a little further afield than we .should go'. You already have a non-conforming business. If the purpose is to serve sandwiches and 'coffeeg and you do that in' a stand-up- way where sandwiches come ' out of a machine, that's, one thing, ' but to establish' tables. . . the first thing you know you could serve dinners. There is no way we can control it once you have put in tables. (For the record: Two long distance calls from. Eric Cchmidt. . He and Mrs. "chmidt are unable to attend the hearing. They have objections and they will mail a letter. ) MR. LLOYD TERRY: I think this is more of a Snack Bar. It' s my feeling that Orient doesn't have much to offer. Greenport has a lot more, they will even have an excursion boat. These people consider this Snack Bar to be necessary to their economy, and I don't see any reason for any objections. We have lots of non- 1 Southold Town Board of Appeals -11- - January 27, 1972 I conforming, businesses. . * carpenters operate in their cellars, etc. I think we can bend a little. THE CHAIR16ATT: There is no hardship here. MR. TINKLE: Use don't want to cause any trouble with the townspeople. 14e would like_ to have this coffee shop or restaurant but if we don't get it, it won't hurt u's. We' will abide by the law and will not push. Does our business belong where it is now or will we run into further problems? THE CHAIRPLUT: There are' no further problems if you operate It as a garage but you have asking for different uses. The reason you are in here is not in connection with the garage. If you abandon it for two or three gears you would have to come be f ox the Board to' get a- reactivated use. (The' Chairman read: "Wherever non-conforming use, etc., . . 0 a non-conforming building may not be altered, etc. ') . The use involves cars, parking. The Board of Health will take care of what you do inside the building. MR. FI IKLE: Let 1.s say that in the future we come up with what Joe and Schmidt are working on and we would have plenty of 3 room to park cars, could we come back then? THE CHAIRMAIT: It is the policy to discourage business uses on a State highway, County road, or through road. I think this is what Supervisor Martocchia and M!.' Terry'were' discussing, particularly as it applies to the Fain Road. They have been very careful about granting business on the Xaln goad. The County has control over. anything within 506' feet of a' major' highway. In order to have local control a local Board can over-rule the County by a majority plus one. I' don't think we could approve where part of the property is in dispute. After investigation and inspection the Board finds that applicant requests permission to reinstate use' (restaurant) which has been discontinued for a period of over two years on- property located on the north side of Main Road, Orient, New York. The findings of the Board are that applicant is not' sure of ownership of property which he needs to increase the size of his present property; a restaurant or coffee shop with six tables (4 chains each) would require five parking spaces; applicants property is close to the State highway. The Board finds that strict application of the Ordinance will not produce practical difficulties or unnecessary hardship; the hardship created is not unique and would not be shared by all �-- properties alike in the immediate vicinity of this property and in the same usb district; and the variance does not observe the spirit of the Ordinance and will change the character of the district. Southold Town Board of Appeals -12- Pzz Januar7 27,d72� On motion by 1141r. Gillispie, seconded by Mr. Bergen, it was RESOLVED that application of ItIyron & Joy Finkle, Main road, Orient, I3aw York, ,a�EXIEA, 0=tkpp3le_ d for, without prejudice to future application. Vote of the Board: Ayes:- Messrs: Gillispie, -Bergen, Grigonis, Hulse. On motion by Tir. Hulse, seconded by Mr. Grigonis, it was RESOLVED that the minutes of the' 'Soizth'old Town Board of Appeals dated- January 6, 1972, be approved as submitted, subject to minor correction. Vote of the Board: Ayes:- I'Messrs: Gillispie, Bergen, Grigonis, Hulse. On motion by Mr. Grigonis, seconded by. Mr. Bergen, it was RESOLVED that the next regular meeting of the Southold Town - Board of Appeals will be held at 7:30 P.M. , Thursday, February 17, 1972, at the Town Office, Main Road, Southold, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse On motion by Ifs. Bergen, seconded by Tyr. ,Gillispie, it was RESOLVED- that the Southold Town- Board- of Appeals set 7:30- P.M. (E.S.T. ) , Thursday, February 17. 1972,� at the Town Office, main Road, S outhold, New York, as the- time and place of hearing upon application of- Stuart E:. Staples,._ 35 N-. Montgomery Avenue, Bay Shore, New York,, - for a special exception in accordance with the Zoning Ordinance, Article IX', Section 900, Subsections 8 & 12, for permission to erect 'private one-family dwelling, and ' operate cement mix business.,/,"Location of property: 'west side of Cox' s Lane, Cutogue, New York, bounded north- by F. J. McBride, east by Cox's ne, south by L. B. Glover, Jr., we-st by L. B. Glover,. Jr. Vote of the Board: Ayes:- Plessrs: Gillispie, Bergen, Grigonis, Hulse. Jan. 27, 1972 ''TOWN Op"'SbUTR�I: NEW''YOrhi�" DATE ....................... ! ACTION OF THE ZONING BOARD OF APPEALS 1489 Dec. 16, 1971. Appeal No. Dated ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Myron & JOY Finkle Appellant Main Road Orients New York at a meeting of the Zoning Board, of Appeals on 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 Request for a variance to the Zoning Ordinance 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be- granted ( ) be denied pursuant to Article ................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Buildin Inspector ( ) be reverse ( ) be confir d bec s 8:30 P.M. (E.D.S.T. ) , upon appiicatioh of Myron C JOY Finkle, :ialn Road, Orient, Kew York, ' for a variance in accordance with the Zoning Ordinance, Article x, S.ection 1007 (d) - Old Ordinance, . (New Ordinance —Article XII, Section .1204 W , for permission to reinstate use (restaurant) which has been discontinued For a period of over two years. Location of property: north side of Main Road, Orient, Vew York, bounded north by H, Schmidt, east by H. Schmidt, south by Main Road, west by H. Terry Estates. Fee paid $5.00. 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 (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 (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 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 ( ) be reversed. SEE REVERSE ZONING BOARD OF APPEALS FORM ZB4 Marjorie McDermott, Secretary Southold Town Board of Appeals i" After investigation and inspection the Board finds that applicant requests permission to reinstate use (restaurant) which has been didcontinued for a period of over two years on property located on the .north side of Main Road, Orient, New York. The findings of the Board are that applicant is not sure of ownership of property which he needs to increase the size of his present property; a restaurant or coffee shop with six tables W chairs each) would require five parking spaces; applicant's property is close to the State highway. The Board finds that strict application of the Ordinance will not produce practical difficulties. or .unrecessary hardship; the hardship created is not unique and would }yet be shared by all prop- erties alike in the immediate vicinity of this property and in the same use district; and the variance does not observe the spirit of the Ordinance and will change the character of the district. THE EFORE IT oIAA. RESOLVED that application of Myron & Joy Finkle, main Road, Orient, New York, be DENIED as applied for, without prejudice to future application. Vote of the Board: Ayes:. Messrs: Gillispie, Bergen, .Grigonis, Hulse. l TOWN OF SOUTHOLD, NEW YORK DATE ..::... ...228t 1973 ACTION OF THE ZONING HOARD OF APPEALS 1973 Appeal No-. 179 —---- -— Dated '' Y X ! ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Joy 'Firk e & M1.16 Appellant Main Rim Ame , 197.3 at a meeting of the Zoning Board of Appeals on 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 (` ) Request for a variance to the Zoning Ordinance, 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception (. ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .............:...:... paragraph .................... of the Zoning Ordinance and bb th&dgcision of Uponthe B '1 in specto ( eVISUc4be Z.S o con f&'Ni i rtip. XaJ= Roadip. Orient* M' 'YOrke :C*r A varin=6 lu occ6rdaM . tU* *sin $ o0#.'�1o1s f ootivst 7 1# wd tho Md% o lo,r tar,POITA6sion to oy rAte ,a second .buoiness (Take'-out- -D*10 on the promisesWith a pubue g . Location Of.prorwty n*rth side Oftim fUmd# OViOnto b+ur&d*d rV% by 1"0 Schmidt; east by Ho Schmidtf south by IQLin Ro"g uvst by o TOrrY 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 (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 (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because sm RMMRSS 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 ( ) be.reversed. SER REVERSO ZONING BOARD OF APPEALS FORM ZB4 Vlar jorie Heftrwtlt t :secretary After in"otig a►ti.on and i.nspeotion the Board rinds that limit requests permission to operate a. second business (Take••out ball) on same promisees with a pubUc garage on the north side of gain Road& Orients Now Tork, The rindi.sgs of the Board av that the area is zoned Agricultural.-Residential and this property woo Liven a non-conforming use to operate as a del and that perrs3.ttina another business In a non-•confortaw Ing businese area would expand the u39 of the ProPCWtY an SU undorisized lot* Tho members of the Board a that it is bo iv nd the scope of the Board ai' Appeals .to gmnt this; application; and that .the only solution to tho problem would be for the applicant to endeavor to have the zone c mixed and to acquire additional pipe"tY• The Board finds Out strict application of tho Ordinance would not produce pracstloal difficulties or amm- eces a ry Ship.t _. the ba rdeh3.p onmte d is not =i.quo and would be o1mrae. by s�►ll p a ties alike :it. the :LMModiate .ric .ty o'f 3±fs r e�"ty` WAC isn th0 Gam use dintrictg wid tho Vur game will chance tho c➢ raster of the s+a ighborhood* and will prat obrtarVe the spirit of tho Ordinance 0 THEREMM, IT WAS to l UD, Joy. Finkle and 3t' ilia Mossseerl bo EL=D p►esludoolon to operate a second Imalness (Take.-out Deli.) on game peomis3es with public coxace on the north side. or Main Hoads Orients Now Yorke for theme stated* Vote of tlxa Hoards Ayes*- Mossros Oi3. loplet Dor,en# lka&09 ts'i�otei.6i• . ��i 71 S -05054 O, � 3 ' Tr a•9e �;a: r1.6*11 P ` isrb�d•9 � rs"�P V �I �c% a 2 � - O . - �'• afar. �e� ._pay + e \\ N 1 n \ _ 69 0.1 5• \yA N 0 �a a KINGS P1 O { SURVEY FOR REFERENCE MYRON FINKLE AT ORIENT I TOWN OF SOUTHOLD GUARANTEED TO: I SUFFOLK COUNTY N.Y. HOME TITLE DIVISION CHICAGO TITLE INSURANCE COMPANY j „ MYRON FINKLE SCALE : 1 = 30 , I DEC. 14, 19 71 f LAND SURVEYOR N.Y& LIC.NO..28725 RIVERHEAD N.Y. ..... .... ..... .......... A 11 I.. ......... ME .1 No ol 3 t. Hp.,3 0 L::A ... ...No uo 5 "A(d T, bo p 1- 21 4 12.1 Yp 3 3.1 2.., 2.3 At.I 3 A Al to 11.1 At.) 1. 4 2.11AW to ]TOTE .3 Aftl NE.-1 16 11.0 21AIII Is Ald 21 [)\ 119.3 '4.'� 14 3.(.) 52AId • 3AIII 36 A 10 A(.) NE*-�MK 14 ..6 20.", It 21.3.w tt.2 •A10 0 12.1 10 TA1.1 W 34 A.1 OAW Ize 1.9 A z I 0AW E1.1 A(d 21 TOWN of I-- EEVELG-1 DYSTERPOND Fu zz/ 10 L 2 4J ¢ rb It 3 I IA 10, w.rc.z iri -Z Z-- .—I —EL ..M s11 .0.11 11c Na.11.0-1 (9) COUNTY OF surrolK SOUMOLD Real p,op.,Iv To- .,.Ire Au,ncv 1— f 018 /741/0,5- 6 1 ••r 1 iE // \ •fW / y 5 TF Ifw O R 80' o _ - Si4 R04 '' MPiWN �B �I C F aER RIENT 4v RR I IVI roa � a �� Jf• \ r � ♦ 1 � O RM R\ 1 P _ A wiunw R—80 iE9iM,E Pt` /� R-200 R z S e•� -9� M -J R-200 A, �O7D S B� J Off, �O t Fi•400 \Q.���_..._ COUNTY OF SUFF ; STAl(. 01= NEW Mm ss: Patricia Wood,, being duly sworn, says that she is the Editor, of 1:HE LONG ISLAND TRAVELER-WATCHMAN, it public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, Ills I)MI .11LIbliShCd in said Long island -Traveler-Watchman once each week for . . . . . . . . . . . . . . . . . . . . . / . . . . weeks Successively, commencing on the . . . . . . . . .1'�F day of . . . . . , 19 . / Sworn I() before n)e Ihis ... . . . . . . . . . . . . . . . . . . . day of . . . . . . . . . . , . . . . . . . . . . . . . . . . Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, Stete of New York f No. 480G846 Qualified in Suffolk Coynty Commission Expires�" 3� � tz , SEp 2 3 199 1 ' i,L_ �1 r fI l NOTICE OF HEARING. (6)7:48 p.m.Re:Appl.No.3539. STATE OF NEW YOR NOTICE IS HEREBY GIVEN, MICHAEL HERBERT.Application K) pursuant to Section 267 of the Town" withdrawing Z.B.A. determination )SS: RUTH A.POLIWODA Law and the Code of the Town of rendered September 11, 1986 con- COUNTY OF SUFFOLK) Notary Public,State of New York Southold,the following matters will cerning a Special Exception to the No.4982430 " be held for public hearings before the Zoning Ordinance involving the Qualified in Suffolk County SOUTHOLD TOWN BOARD OF establishment of a Bed and Breakfast. Commission Expi I� �,q APPEALS at the Southold Town Subsequent to the Bed and Breakfast, 1YIt�tUCIC, in Hall, 53095 Main Road,Southold, the applicant received Special Excep- � NY 11971, on THURSDAY. tion approval rendered March 29 gatd County, b4ing duly sworn,says that he/she Is Principal SEPTEMBER 26.1991.commencing 1990 for two apartments,other than Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, allhe times specified below: the owner-occupied manager's quay- published at Mattituek, In the Town Of Southold, County of p.m. Appl.No. 4DSW- ters,with conditions.This application WILLIAM A.HANDS,X Variance is made pursuant to Condition No. I Suffolk and State of New York,and that the Notice of which to the Zoning Ordinance,Article X, of the March 29, 1990 Z.B.A.Me- the annexed is a printed copy,has been regula published in Section 100-102(and Article XXIV; termination.The subject premises is Section 100-242A)for permission to located in the Hamlet-Business(HB) said Newspaper once each week for weeks construct addition to the rear of exist- Zone District and is substandard in, s eeessively, commencing on the �_ day of mg principal building with a reduced size. Location of Property:795 Pike, 19`'/ / easterly side yard setback and with anj Street,Mattituck,NY, Country Tax '_7 increase of the degree of setback Map No.1000-140-2-23. nonconformance.Zone District:Gen- (7)7:50 p.m. Appl. No. 40561 /1 ^ i eral Business-B.Location of Proper- CONSTANTINOS MARKOTSIS: ty:24375 Main Road,Orient,NY;. Variance to the Zoning Ordinance, r / County Tax Map District 1000,Sec- Article XXIII,Section 100-239.4(B) lion 1 ,Block 2,_Lot 32- - for approval of screen-enclosed deck " (2) :35 p.m.AppL No.4049.MR- addition at less than the required 75 ANDWLS.JOSEPH CARPENITO. feet of the bulkhead. The subject Principal Clerk Variince to the Zoning Ordinance, premises is substandard in size and Article III,Section 100-32 forpemus- located in the R-40 Zone District;/ ■ sion to construct garage addition with Location of Property:Corner of the -._.-____._ insufficient front and side yard set- south side of Main Bayview Road and backs.The subject parcel is known avl the east side of Williamsburg Drive Sworn to before this Lot 177 of Gardiners Bay Estates, (private road),Southold,NY;County day Of Section Three,is substandard in size, Tax Map Parcel No.1000-78-5-12. and"is located in the R40 Zone Dis- (8) 8:00 p.m. Appl..No. 4009- r trict.Location of Property: 170 Dog- ALEX HOMAYUNI and CHARLES wood Lane,East Marion;County Tax KAPOTES.(Reconvened from March Map No.1000-38-5-5. 22, 1991). Variances to the Zoning - (3)7:38 p.m. Appl.No. 4053 - Ordinance, Article XXIV,Section DOUGLAS MORRIS.Variance to 100-244B and Section 100-243A for -� the Zoning Ordinance,Article XXIII. permission to construct additions and Section 100-2394B for permission to accessory building:(1)exceeding the construct deck and step area within 75 maximum lot coverage requirement feet of the bulkhead along Pipes for all structures/buildings, (2) (10)8:15 p.m. Appl.No., - Cove. The subject premises is increasing or enlarging, and referred to as(combined)Lot Num= reconstructing the existing bets 24&25 and is substandard in nonconforming two-family building. ARTHUR TRUCKENBRODT.Vari- Nonconformities of the subject ance to the Zonis Ordinance,Article size. Location of Property: 1665 ( B Shore Drive,Greenport,NY;County premises are: lot area;both front� III,Section 100-242,for approval of Tax Map No.1000 47-2-30, yards.and two-family use in this R- an addition to,existing dwelling with (4)7:40 p.m. Appl.No- 4052 -40 Zone District-)_Loation of Prop-__ a reduced rear yard setback,and of an JOHN AND EVELYN KEATINWIP City:Comer of Goldin Avenue and accessory shed located in the side Variance to the Zoning Ordinance, the south side of Soundview Avenue, yard area. Parcel is substandard in Article XXVIIL Section 100-281A(7) Southold,NY;County Tax Map No. size and is located in the R-80 Zone and Article XXIV,Section 100-244. 1bn135-2-22,16,17.18.19,(all as District.Location of Property:along " for approval of lot which is noncon- one tract of land for purposes of zan- the westerly side of a private rightof- forming and has not been held in sin- ing), way known as Deidrick Lane,Orient, gle and separate ownership since (9) 8:10 p.m. "Appl. 4050 - NY; County Tax Map No. 1000-18- 1957,and upon which is proposed the RICHARD MULLEN,JR. Variance 03-27• removal of the existing dwelling. A to the Zoning Ordinance,Article X. The Board of Appeals will at said new dwelling structure will be ap- Section 100-101C,for approval of time and place hear any and all per- plied for in the future to locate a two concrete vehicle-display pads sons or representatives desiring to be dwelling which shall not be closer a located in the northerly front yard heard in the above matters.Written than 45 feet as restricted by Appeal area,and/or clarification of ZBA comments may also be submitte�7-1% No. 3703 rendered June 2, 1988. Appl. Nos. 3675 and 3674 as to prior to the conclusion of the subject Total lot area is substandard at 22,137 whether or not Condition No.2 of the hearing. Each hearing will not start sq. ft. in this R-40 Zone District. November 18,1987 decision intended before the times-designated For more Location of Property: 19995 Sound- to prohibit just parking of vehicles in information,please call 765-1809. view Avenue,Southold,NY; County front of outside display area.Location Dated:September 12,1991: Tax Map Parcel No.1000-514-6. of Property:Comer of Coinage Place BY ORDER OF THE (5)7:45 p.m. Appl. No. 4051 - and the south side of the Main Road, SOUTHOLD WILLIAM AND JOAN FISHX^ Southold,NY;County Tax Map No, TOWN BOARD OF APPEALS LINGER. Variance to the Zoning 1000-62-3-20 and 19 (combined as GERARD P.GOEHRINGER Ordinance,Article XXIII,Section one lot for purposes of zoning and CHAIRMAN 100-239AB for permission to con- planning for the existing use). struct decks and steps between rear of existing dwelling and existing bulk- ;90 head.Parcel is conforming as to lot By Linda Kowalski size in this R-40 Zone District.Lo- 71S8-1TS19 cation of Property: 1935 Pine Tree Road,Cutchogue,NY,County Tax Map No.1000-98-1-11.1. i VIPl Copies of legal notice for the September 26, 1991 hearings were iled to the following 9/13/91: b Mr. William A. Hands, Jr. I295 Willow Terrace Orient, NY 11957 Mr. Warren Sambach (picked up 9/13) P.O. Box 1033 7675 Cox Lane Cutchogue, NY 11935 Mr. Ernest Richter (Re: D. Morris) Richter -Home Improvement Co. Box 112 515 Seventh Street Greenport, NY 11944 William D. Moore, Esq. (Re: J. Keating) P.O. Box 23 Clause Commons, Suite 3 Mattituck, NY 11952 Mr. David Cichanowicz Creative Environmental Design = P.O. Box 160 Peconic, NY 11958 Mr. Michael Herbert 795 Pike Street Mattituck, NY 11952 Mr. James E. Fitzgerald, Jr. (Re: Markotsis) Proper-T Services P.O. Box 617 Cutchogue, NY 11935 Mr. Lawrence M. Feeley (Re: Homayuni & Kapotes) Ward Associates 1500 Lakeland Avenue Bohemia, NY 11716 Karen J. Hagen, Esq. (Re: Mullen Motors) Wickham, Wickham & Bressler, P.C. P.O. Box 1424 Mattituck, NY 11952 Edward J. Boyd V, Esq. (Re: Truckenbrodt) 54655 Main Road P.O. Box 1468 Southold, NY 11971 BOARD OF APPEALS, TOWN OF SOUTHOLD !� In the Matter or the Petition of 4� NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: t7 ffq/ �Gffi''r/07 PROPERTY OWNER r ( YOU ARE HEREBY GIVEN NOTICE: 1. aV=arianc ' e intention of the undersigned to petition the Board of Appeals of the Town of Southold to request (Special Exception) (Special Permit) (Other) [circle choice] • 1 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: t6ixI&A/T enlEAl7A r�i �l. 9j-/7 3. That the property whi i is the subject of such Petition is located in the following zoning district: ,C S Z olU E 4 That by such Petition..the undersigned will request the following relief: 5/®�y�20 S. That the provisions of the Southold Town Zoning Code a plicable to the relief sought by the under- signed are Article y Section /Do r /O5 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 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-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear andbe heard at such hearing. Dated: Petitioner Owners '.Names : Post Office Address �iL/c�y7, /r//, y• Tel . N o . S-/G ) [Copy. of sketch or plan showing proposal to be attached for convenience purposes . ] r PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAM ADDRESS STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) residing at 2/eW7I All being duly sworn, deposes and says that on the 6- day of 019 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at /22/&W 7 '41- C ;that said Notices were mailed to each of said persons by (certified) (registered) mail. - /"t,1"a Sworn to byfore me this fZ day of , 19 Notary P blic MARY ANN CYBULSKI NOTARY PUBLIC.State of New Yorr Residing in Suffolk County No 52.5895900 (;pmtglSSton Ezpaes AP6130 19�� (This side does not have to be completed on form transmitted to adjoining property owners . )