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HomeMy WebLinkAbout3976 rc�� APPEALS BOARD MEMBERS a ' T SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Application No.. 3976 - THOMAS AND MARION SANTACROCE. Special Exception to the Zoning Ordinance, Article III, Section 100-31(C) (9) (E) for permission to construct off-premises ground sign to advertise for business purposes. Location of Property for Sign: Southeast Corner of Shipyard Lane and the Main Road, East Marion, NY; County Tax Map Parcel No. 1000-38-1-1.2. WHEREAS, a public hearing was held and concluded on Novem- ber 1, 1990, and all persons 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; WHEREAS, Board Members have personally .viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and . WHEREAS, the Board made the following findings of fact: 1. This is an application for a Special Exception as referred by the written notice from the Building Inspector . for a permit, to construct "off-premises ground sign" under Article III, Section _ 100-31(C)9(E) of the Zoning Code. The sign Page 2. - Appl. No. 3976 Decision Rendered November 15, 1990 Southold Town Board of Appeals is proposed to be 23" by 46" and would read: . . . Lighthouse Security Inc. Burglar and Fire Alarms 24-Hr. Central Monitoring Licensed 727-2728 Insured. . . ." 2. The premises in question consists of .632 of an acre and is a corner lot with frontage along two streets: (a) State Route 25' to the north, and (b) Shipyard Lane to the west, at East Marion, Town of Southold. 3. The subject premises is located in the R-40 Low- Density Residential- Zone District. 4. On May 5, 1966-, and again on March 22, 1979, the Board of Appeals established guidelines and principles governing signs not specifically covered in the Zoning Ordinance; and in order to assist the travelling public and in the interest of traffic safety, the Board established the following types of activities for which a reasonable number of off-premises signs, directional only, may be conditionally granted for a limited time period: a. Motels, hotels, tourist houses b. Restaurants and eating places c. Churches d. Ferries, transportation e. Subdivision/development signs f. Shopping centers or business g. Amusement areas h. Civic activities i. Federal, State..,- County,Town owned signs. 5. It is the position of the Board the sign, as proposed, for advertising purposes rather than directional does not meet. the requirements established above and as required by law for Special Exception approval. _ Page 3 - Appl. No. 3976 Decision Rendered November 15, 1990 Southold Town Board of Appeals - 6. Also in considering this application, the Board finds and determines: (a) the use of this sign is not within the best interests of the general public or residents; (b) this proposal could in effect alter the essential character of the property or neighborhood in this zoning district and set a precedent for others; (c) the grant of this special excep- tion as applied will not be in harmony with or promote the general purposes and intent of zoning. 7. The Board has considered subsections (a) through (p) of Article XXVI, Section 100-264 of the Zoning Code in making this determination. Accordingly, on motion by Mr. Goehringer, seconded by Messrs. Doyen and Dinizio, it was RESOLVED, to DENY a Special Exception as applied in the Matter of THOMAS AND MARION SANTACROCE under Application No. 3976. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Dinizio. (Member Sawicki and Member Grigonis were absent (out-of-state) . This resolution was duly adopted. GERARD P. GOEHRINGER CHAIRMAN lk J 1, RECEIVED AND FILED BY. � TF"r SOUTi OLD TOV114 CLERK pjou} OS fo uMo '�jzal� uMoy DATE �zl�o��iOUR a' � - Town Clerk, Town of Southold 1I2.1"0y Q? 7n :." �S Q�11' i�! I i } CZP " 4.'`rs, r ..LjEI L APPEALS BOARD MEMBERS r ti4". ^��. SCOTT L. HARRIS �o �• �� Supervisor Gerard P. Goehringer, Chairman ` Charles Grigonis, Jr. 1 ® Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 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 hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, NOVEMBER 1, 1990, at the following times: 7:30 p.m. Appl. No. 3969 - ANDREW BURKARD. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct two-foot extention of garage attached to dwelling with an insufficient front yard setback. Zone District: R-40. Location of Property: 370 Uhl Lane, Orient, NY; --Orient-By-The-Sea Subdivision Lot No. 167, Section Three, Map 6160; 1000-15-5-24.13. 7:35 p.m. Appl. No. 3974 - DONALD L. OSANI (for GEORGE BRUDERMANN JR. , Owner) . Variance to the Zoning Ordinance, Article IIIA, Section 100-30a.3 for approval of re-separation into two separate parcels as shown by separate deed conveyances, Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 each lot having insufficient area and proposed construction to meet setback requirements for this R-40 Zone District. Location of Property: North Side of Bayview Road and the West Side of Reydon Drive, Southold, NY; County Tax Map Parcel Nos. 1000-79-5-10 and 11. 7:40 p.m. Appl. No. 3980 - VIRGINIA OLGA LEE. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for approval of deck addition to dwelling with an insufficient sideyard setback and reduced front yard setback. Lot area is nonconforming is this R-40 Zone District. Location of. Property: 1455 Cedar Beach Road East, Southold, NY; County Tax Map Parcel No. 1000-92-1-4. 7:45 p.m. Appl. No. 3978 - DONALD & DOROTHY SWAHN. Variances to the Zoning Ordinance, Article III, Section 100-32 and Article XXIII, Section 100-239 for approval of insufficient lot area and width (frontage) of two proposed parcels, each with an existing dwelling, in this pending division of land. Zone District: R-40. Location of Property: South Side of Park Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-123-8-8. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 7:50 p.m. Appl. No. 3971 - VALERIE M. KRAMFR. Variance to the Zoning Ordinance, Article XXIII, Section 239.4B and Article XXVIII, Section 281, for permission to construct new dwelling structure with an insufficient setback from existing bulkhead and from the easterly (front) property line along Manhanset Avenue. Lot area of parcel is nonconforming in this R-40 Zone District. Location of Property: 730 Robinson Road and 980 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-34-5-20. 7:55 p.m. Appl. No. 3976 - THOMAS AND MARIAN SANTACROCE. " Special Exception to the Zoning Ordinance, Article III, Section f 100-31(9) (E) for permission to construct off-premises ground (_ - sign to advertise for business purposes. Location of Property for Sign: Southeast corner of Shipyard Lane and the Main Road, East Marion, NY; County Tax Map Parcel No. 1000-38-1-1.2. 8: 00 p.m. Appl. No. 3972 - PETROL STATION LTD. Variance to the Zoning Ordinance, Article VII, Section 100-72 for approval of proposed Lot #4 which will have insufficient area in this Residential-Office (RO) Zone District. Location of Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 property: North Side of the Main Road (265+- feet west of Alvah's Lane) , Cutchogue, NY; County Tax Map Parcel No. 1000-109-1-23 8:05 p.m. Appl. No. 3977 - BETTY J. COPIN. Variance to the Zoning Ordinance, Article III, Section 100-33B(4) for permission to locate accessory (garage) building partly in the side yard and rear yard with a setback at less than the required 20 feet from the southerly property line. The lot area of this parcel is nonconforming at 40,000 sq. ft. in this R-80 Zone District. Location of Property: 2195 Albertson Lane, Arshamomaque, Greenport, NY; County Tax Map Parcel No. 1000-52-5-54. 8:15 p.m. Appl. No. 3979 - THOMAS J. GORMAN. Variances to the Zoning Ordinance, Article III, Section 100-33 for approval of location of two. accessory (storage) buildings in the front yard, as exist. The lot .area of this parcel is nonconforming in this R-80 Zone District. Location of Property: 18 Crescent Drive, Mattituck, NY; County Tax Map Parcel No. 1000-121-4-23. 8:25 p.m. Appl. No. 3968 - IRENE R. MILLER. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, and Article XXIII, Section 100-239.4A for permission to locate Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 proposed dwelling structure with a setback of less than 100 feet from the top of the highest point (top of bluff) on this 42,930 sq. ft. parcel. The parcel in question is nonconforming as to lot width (frontage) of less than the required 150 feet in this R-40 Zone District.- Location of Property: Lake View Avenue (127+- feet southwest of Huntington Boulevard, a private road) , Southold, NY; County Tax Map Parcel No. 1000-68-3-10. 8:35 p.m. Appl. No. 3975 - ARTHUR G. CARLSON. Interpretation and Variance to the Zoning Ordinance, Article III, Section 100-30 (as disapproved by the Building Inspector) for approval of mariculture uses to include delivery and storing of seafood, packaging, freezing and/or preparation of raw or cooked seafood (processing) for shipping and/or sales for off-premises consumption. Zone District: Agricultural- Conservation (AC) . Location of Property: 1575 Lower Road, Southold, NY; County Tax Map Parcel No. 1000-69-5-13.2. 8: 45 p.m. Appl. No. 3788 - SUN REFINING & MARKETING. Variances to the Zoning Ordinance, Article X, Sections 100-102: (1) for permission to establish convenience store use in conjunction with and accessory to the existing gasoline station use on this substandard parcel which contains less than 30,000 sq. ft. in lot area for each use, and (2) for interpretation as to height limitation of accessory (canopy) structure. Location Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 of Property: Corner of the Easterly Side of Factory Avenue and Northerly Side of the Main Road, Mattituck, NY; 1000-142-1-27. Matters Recessed from September 26, 1990: 9:00 p.m. Appl. No. 3955 - DOMINICK SBLENDIDO & A. AURICCHIO. 9:10 p.m. Appl. No. 3938 - VILLAGE MARINE. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: October 17, 1990. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski ---------------------------------------------------------------x Copies to the following on or about October 19, 1990: Suffolk Times, Inc. L.I. Traveler-Watchman Town Clerk Bulletin Board (Main Lobby) ZBA Board Members (with file copies) ZBA Individual Files FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. l� C NOTICE OF DISAPPROVAL Date . . . . . . . . . . . . . .. 19 To . . 9 8 0 . .). . . . . . . . . . . . . . . . . . q..C. . . oc.d . . A4? :y. s . . . . . . . PLEASE TAKE NOTICE that your application dated . . . . .� �, . . 9. . . . . . . ., 19 .�P. . for permit to ��. �' .•. .r A-. . �•� �';s-�^^4� .a�►1.A.). . . . . . . . . . at cup,, . . S. •`.,�•�`.� . . . . . . 'f Location of Property �S.`�$4. � 7 V House No. eet Hamlet County Tax Map No. 1000 Section . . . .© . . . . Block . . . .5 ). . . . . . . Lot . . !•. . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds oi- . 3 .�. . . .�a,Q�?. . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . .; . . . . .� . . . . . . . Building Inspector• RV 1/80 OWN OF SOUWk �IVii RK APPLICATION FOR SPECIAL EXCEPTION SEP 06 Application No. 3� 7� it'ISAM. Date Filed: Sou"d Town C" TO THE ZONING BOARD OF APPEALS, SOUTHHOOLD, NEW YORK: I (We) , ��t`Di`1 ��l`� o�i��5AA1 i? -&CE of '76' 6 llil y,,fA,6 (Residence, House No. and Street) (Hamlet, State, Zip Code, Telephone umber) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPT WN in accordance with the ZONING ORDINANCE, ARTICLE SECTION /Op _,3/ ac�XNSECTION for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale) : c _7A A. Statement of~Ownership and Interest. —is (are) the owner's) of property known and referred to as �� AAw� (House No. , Street, Hamlet identified on the Suffolk County Tax Maps as District 1000, Section , Block 40 , Lot(s) which is not (is) on a subdivision Map (Filed , "Map of " Filed Map No. , and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision) . The above-described property was acquired by the owner on B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: C. The property which is the subject of this application is zoned - q0 and [ ] i.s .co.nsistent with th.- use(s) described in the Certificate of Occupancy being furnished herewith. ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s) : [ ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORK) ss. : igna ure Sworn to before me thi s,5bAd ay of 411 19/lp . 1,5d,7 L/IXI a J EPH HEREPOWICH ZB2 (rev. IT Y����BB��..IC,State of New York �4l6i15,Suffolk County \ Term Expires September 30,19P . TOWN OF . SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT a 'T 0 fay, f8 �roce9` Ldn e. —a1s'f�dwi0h x; . . r, FORMER OWNER N E Ac II S W (� I J / TYPE OF BUILDING(�vY�1�Y15 U /1/ d a� fayse RES. p SEAS. VL. :i FARM COMM. CB. MICS. Mkt. Value a . LAND IMP. TOTAL DATE REMARKS� i M , e . e��]~c d d w7a e, 4 0 ✓ • Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot . 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COf1NE�-c7F.LO7. -.. � { �. • _ I g PIZ 1 pioD5, Irk P�:Mls��l�`�ffc:ter M3���,�Ebil•�-/� _TOWN OF 50UTH'\-ll#l- 1T ED ALTE2ATION OR ADDITION— ,.U.Y .. �..G..ft✓K .i11',..P'I.�A.4,.P.'P ..J IS.V�t.�.:.-: . ....�}S.I�TI..Iv FG�!E. �.J .`.i/'V T`•- '11% EY IS A.VIOLATION OF F , SECTION 72C9 OF TM I•LW YOF,:STATE EDUCATION LAW. COPIES OF TI-'IS ;U" ",! .^T ..,."ING FociTHE A77'•t�.4J�t� -to:� .ti,+l "���Cli>..1c..F�: t• 9E• 1iwfh?'-N. ."C.�PC��.Y`•�tb- �'�;S_E_W_A at~.. " EMBOSSED SeC,'�, ... `.. :,D�':ED ., yN L•.Y D{ ;pl"7, 'aAL SYz �y, 5 TFf1 TO BE A VA_I:i CJ .E l I E...�4JT�JI�'V f*.�. CUARA/•:iC:S .I"-:L ?UN ._ A 1 :1 - i�HE �,1� - ` ONLY TO W! ;VET ►"�' r"--y'� "r +1 c ^ 1"}r �.+ \'IS FGEIA LI:• I, - �.:I:.l:: {. .. - r)[�,f; ;f7Hi..f:V..Tf"t. ec tt,: �tr.+i..► .. 1E A \'� l.Ai;ANYKSA,! NOT TkANSEd.ACLE \7AL INSTITUTIONS CR SUE•SLOUENT APPEALS BOARD MEMBERS rT' SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman �,�, Charles Grigonis, Jr. .`°�� r` ~�� Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 7654800 December 14. 1990 Mr. & Mrs . Thomas Santacroce 75 Shipyard Lane East Marion , NY 11939 Re : Appl . No . 3976-SE - Advertising Sign Dear Mr . & Mrs . Santacroce : For your records and information is a copy of a letter received from the Suffolk County Department of Planning in connection with your variance . Yours very truly , GERARD P. GOEHRINGER CHAIRMAN TR Enclosure COUNTY OF SUFFOLK D ; PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING 360-5513 December 12, 1990 Town of Southold Zoning Board of Appeals Applicant: Thomas & Mari n Santacroce Mun. File No.: #3976 S.C.P.D. File No. : SD-90-31 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Appears inappropriate and unwarranted as it contravenes established guidelines and principles for such off premises signs. Furthermore, it would establish an undesirable precedent for the proliferation of such signs throughout the Towns major highway corridors. 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 (516)360-5192 ,. 0. d APPEALS BOARD MEMBERS ® ` =` ''� SCOTT L. HARRIS Ln n` Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800. Pursuant •to Article XIII of the Suffolk County Charter , the Board of Appeals of the Town of Southold , New York, hereby refers the following to the Suffolk County Planning Commission : Variance from the Zoning Code , Article Section Variance from Determination of Southold Town Building Inspector, XXX Special Exception , Article III , Section 100-31 (9) (E) Special Permit Appeal No. :3976 Applicant: Thomas and Marian Santacroce Location of Affected Land: Shipyard Lane and Main Road , East Marion , NY County Tax Map . Item No . : 1000- 38-1 -1 . 2 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay , Sound or Estuary) XXX 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 o`r 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 erect off-premises ground sign for advertising purposes Copies of Town file and related documents enclosed for your review. Dated : Dec. 11 , 1990 �o��FFO[I��OGy o APPEALS BOARD MEMBERS p rZ SCOTT L. HARRIS Gerard P. Goehringer, Chairman VO • Off. Supervisor Charles Grigonis, Jr. 'yy01 �`a Town Hall, 53095 Main Road Serge Doyen, Jr. Joseph H. Sawicki P.O. Box 1179 Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 October 17 , 1990 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 3976 Project/Applicants: Thomas and Marian Santacroce County Tax Map No. 1000- 38-1 - 1 . 2 Location of Project: Shipyard Land and Main Road , East Marion , NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to construct off-premises ground sign to advertise for business purposes r This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law *44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. r 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 APPEALS BOARD MEMBERS m o €' �, �;� � SCOTT L. HARRIS Gerard P. Goehringer, Chairman ®�.+`�' ���. Supervisor Charles Grigonis, Jr. �^��1 '�i Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax(516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 December 7, 1990 Mr. and Mrs. Thomas Santacroce 75 Shipyard Lane East Marion, NY 11939 Re: Appl. No. 3976-SE - Advertising Sign Dear Mr. and Mrs. Santacroce: Transmitted for your records is a copy of the official findings and determination in the above matter which was rendered by the Board of Appeals at our November 15, 1990 Special Meeting. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: _- Southold Town Building Department V! :e to the Zoning Or- 8,05 p.m. Appl. No. 3977- NOTICE OF HEARINGS di e,Article on Section "the J.COPI] riance to station use on this substandard .I the Zoning OIL Article parcel which contains less than IW-c,+4B for approval of deck a III,Section 100-33B(4)for per- 30,000 sq.ft.in lot area for each addition to dwelling with an in`� ' mission to locate accessory use,and(2)for interpretation as NOTICE IS HEREBY GIV sufficent sideyard setback and (garage) building EN,pursuant to Section 267 of reduced front yard setback.Lot Partly in the to height limitation of accessory the Town Law and the Code of side yard and rear yard with � (canopy)structure..Location of area is nonconforming in this setback at less than the required Property:Corner of the Easter- the 'Town of Southold, the ,'.R-40 Zone District.Location of following hearings will be held Property: 1455 Cedar Beach . 20 feet from the southerly pro- ly side of Factory.Avenue and by the SOUTHOLD TOWN Road East, Southold, NY, party line The lot area this Northerly side of the Main BOARD OF APPEALS at a County Tax Ma Parcel No. parcel nonconforming at Road, Mattituck, NY; Regular Meeting, at the 1000-92-1-4. . ,• P. •• . 40,000 sq. ft. in this R 80 Zone 1000-142-1-27. - Southold Town Hall, Main District. Location of Property: ``�"Matters Recessed from ,7:45 p.m. Appl. No. 3978= 2195 Albertson Lane, Ar- September 26,4990: Road, Southold, NY 11971, on DONALD & DOROTHY shamomaque, Greenport, NY; p.m. pp., No. 3955= i THURSDAY, NOVEMBER 1, SWAHN.Variances to the Zon- County Tax Map Parcel No. DOMINICK SBLENDIDO & 1990, at the following times: ing Ordinance,Article III,Sec- 1000-52-5-54. A. AURICCHIO. 7:30 p.m: Appl. No. 3969- lion 100-32 and Article XXIII, 00 5 ANDREW . BURKARD. Section 100-23d for approval I, p.m. Appl. No. 3979- '9:10 p.m. 'Appl. No.-3938- Variance to the Zoning Or- insufficient lot area and width �,THOMAS J. GORMAN. Var- -VILLAGE MARINE. Varian, Article III, Section iances to the Zoning Ordinance, The Board of Appeals will at,/dinafice i (frontage) of two proposed Article III, Section 100-33 for said time and place hear any ant 100-32 for permission to con- parcels, each with an existing struct. two-foot extension of ;dwelling, in this pending divi- approval of location of two ac- all persons or representatives attached to extension a si with cessory(storage)buildings in the,., desiring to be heard in.each of garage g Sion of land..Zone District: .front yard,as exist.The lot area the above inatters.Written com=' an'insufficient front yard set- "r"R 40; .Location of Property: ` -` of this parcel is nonconforming.'' ments riay`also-be submitted: . back.Zone District:R-40.Loca- "South side -of Park Avenue, in this R 80 Zone District.Loca- ` pp*or''to the conclusion of the tion of Property:370 Uhl Lane, Mattituck, NY;..County Tax tion of Property: 18 Crescent '' subject.hearing. Each hearing Orient, NY; Orient-By-The-Sea Map Parcel No. 1000-123-8-8. Drive, Mattituck, NY, County : .will not,.start before.the time Subdivisoin Lot No. 167, Sec-., 7:50 m. Appl. No: 3971- ,, P• PP Tax Map Parcel No. allotted:;Additional.time for tion Three,Map 6160; 1000-15' VALERIE M. KRA*MEMi1 I� 5-24.13. 1000-121-4-23. your •presentation will be . Variance to the Zoning Or- 8:25 m. Appl. No. 3968- available, if needed. For more j •7:35 p.m. Appl. No 3974- dinance,Article XXIII,Section P PP " DONALD L., OSANI (for 239.4B and Article XXVIII, to the R. MILLER. Varianc� information,....,please ..,call, GEORGE BRUDERMANN to the Zoning Ordinance,Arti- 765-1809. .,; •: , Section 281,.for permission to cle IIIA,Section 100-30A.3,and Dated: October'.17, 1990. JR., Owner). Variance to the construct new dwelling structure Article XXIII, Section 100- BY ORDER OF THE Zoning Ordinance,Article IIIA, with an insufficient setback 239.4A for permission to locate SOUTHOLD.TOWN BOARD .j Section 100-30a.3 for approval from existing bulkhead and proposed dwelling structure <p:.r *._. OF APPEALS i ' . of re-separation into two from the easterly(front)proper- with a setback of less than 100 GERARD P. GOEHRINGER separate parcels as shown by ty line along Manhanset Avenue. separate deed conveyances,each feet from the top of the highest ; ; *;- : -CHAIRMAN P eY Lot area of parcel is nonconfor- point (top of.bluff) on this By Linda Kowalski lot having insufficient area and ming in this R-40 Zone District. , i,�C ' proposed construction to meet 42;930 sq.ft.parcel.The parcel � 1X 10/25/90(2) •I iP Location of Property: .730 in question is nonconforming as setback requirements for this Robinson Road and 980 . R 40 Zone District.Location of Manhanset Avenue,.Greenport to lot width (frontage) of less , . Property:North side of Bayview Ny;County Tax Map Parcel ;than the required 150 feet in this No- R-40 Zone District.Location of Road and the West side of 1000-34-5-20. . . `-'Property:.' Lake.View.Avenue Reydon Drive, Southold, NY; 7:55 p.m. Appl. No. 39797 (127 t feet southwest of Hun County Tax Map Parcel Nos. THOMAS AND MARIAN tington Boulevard, a private .1000-79-5-10 and 11. •': SANTACROCE.Special Excep- 7:40 p.m. Appl. No. 3980- road), Southold, NY; County`. lion to the Zoning Ordinance, Tax Map Parcel_No. 1000-68- -VIRGINIA OLGA LEE. Article III,Section 100-31(9)(E) 3-10 for permission to construct off- `g 35 p.m Appl No. 3975- premises ground sign to adver- ARTHUR G. CARLSON. In- fo for business purposes.Locapb terpretation and Variance to the lion of Property, for Sigd. Zoning Ordinance, Article III, Southeast corner of Shipyard Section 100-30(as disapproved S Lane and the Main Road, East by the Building.Inspector) f0v Marion, NY; County Tax Map'. approval of mariculture uses to Parcel No. 1000-38-1-1.2 include delivery and storing of :00 p.m. Appl. No.. 3972- seafood, packaging, freezing PETROL STATION LTD. . and /or preparation of raw or Variance to the Zoning Or- cooked seafood(processing)for. dinance, Article VII, Section shipping and/or sales for off- 100-72 for approval of propos- premises consumption. Zone ed Lot No.4 which will have in- District: Agricultural- _ sufficient area in this Conservation(AC).Location of. Residential-Office (RO) Zone. property: 1575 Lower.Road, : District. Location of Property: Southold,NY;County Tax Map North side of the.Main Road I parcel No. 1000-69-5-13.2. (265 t feet west of Alvah's 8.45 p.m. Appl. No. •3788- Lane),Cutchogue,NY;County SUN REFINING&MARKET Tax Map.Parcel No. 1000-109- ING.Variance to the Zoning Orti`P 1-23. dinance, Article X, Section .I 100-102: (1) for permission to . establish convenience store use in conjunction with and ac- cessory to the existing gasoline COUNTY OF SUFFOLK z STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for . . . . . . . . . . . . . . . . . . . . . . . . . weeks successively, commencing on the . . . . . . . . . . . . . . . . . day of . a . . . . ., 19 9.') . . Sworn to before me this . . . . . . . . . aS. . . . . . day of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :�'�. e.v. . . . Notary Public 13A90 ^". A. SCHNEIDE 1 NOT.;Rr rUdIA,Stft.4f Y�fc No.4UM46 Qualified in Suffolk Counly .Commission Expires 1/92— q APPEALS BOARD MEMBERS SCOTT L. HARRIS ' Supervisor Gerard P. Goehringer, Chairman �o•° -". :Y•. � Charles Grigonis, Jr.' Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your application is a copy of the Legal Notice, as published recently in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the times allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Page 3 - Appl. No. 3976 Decision Rendered November 15, 1990 Southold Town Board of Appeals 6. Also in considering this application, the Board finds and determines: (a) the use of this sign is not within the best interests of the general public or residents; (b) this proposal could in effect alter the essential character of the property or neighborhood in this zoning district and set _ a precedent for others; (c) the grant of this special excep- tion as applied will not be in harmony with or promote the general purposes and intent of zoning. 7. The Board has considered subsections (a) through (p) of Article XXVI, Section 100-264 of the Zoning Code in making .this determination. Accordingly, on motion by Mr. Goehringer, seconded by Messrs. Doyen and Dinizio, it was RESOLVED, to DENY a Special Exception as applied in the Matter of THOMAS AND MARION SANTACROCE under Application No. 3976. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Dinizio. (Member Sawicki and Member Grigonis were absent (out-of-state) . This resolution was duly adopted. GERARD P. GOEHRINGER CHAIRMAN lk Notice of Hearings Z.B.A. - November 1, 1990 Copies of Legal Notice also to the following on or about 10/16/90: Mr. and Mrs. Andrew Burkard, 40 Slocum Ave, Pt. Washington 11050 Mr. and Mrs. Donald L. Osani, 332 Throop St. , N. Babylon 11704 \ Mr. and Mrs. George Brudermann, 10 Winter La, Dix Hills 11746 Mrs. Virginia Olga Lee, P.O. Box 1273, Southold 11971 Mr. & Mrs. Donald Swahn, P.O. Box 283, Mattituck 11952 Mrs. Valerie M. Kramer, P.O. Box 1360, •"Southold 11971 Mr. & Mrs. Thomas Santacroce, 75 Shipyard La, East Marion 11939 .� J. Kevin McLaughlin, Esq. , P.O. Box 803, Greenport 11944 Karen Hagen, Esq. , P.O. Box 1424, Mattituck 11952 Mr. Curt Meyhoefer, 2195 Albertson Lane, Southold 11971 Mrs. Mrs. Marie D. Cassidy, 2055 Albertson Lane, Southold 11971 Mr. Thomas J. Gorman, P.O. Box 1445, Mattituck 11952 Proper-T .Services, P.O. Box 617, Cutchogue 11935 William D. Moore, Esq. , P.O. Box 23, Mattituck 11952 Mr. Arthur G. Carlson, P.O. Box 693, Southold 11971 John Wagner, Esq. , P.O. Box 279, Riverhead 11901 Philip J. Cardinale, Esq. , Drawer W, Jamesport 11947 Marie Ongioni, Esq. , P.O. Box 562, Greenport 11944 Charles R. Cuddy, Esq. , P.O. Box 1547, Riverhead 11901 y � APPEALS BOARD MEMBERS r ':- it SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. �`Y Town Hall, 53095 Main Road P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 October 17 , 1990 S.E.O.R.A. TYPE II ACTION DECLARATION Appeal No. 3976 Project/Applicants: Thomas and Marian Santacroce County Tax Map No. 1000- 38-1 -1 . 2 Location of Project: Shipyard Land and Main Road , East Marion , NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to construct off-premises ground sign to advertise for business purposes This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board' s area of jurisdiction concerning setback, -area or lot-line variances determines this application to fall under the established list of Type II . Actions. Pursuant to Section 617 .2jj , this Department is excluded as an involved agency. This determination shall not, however, affect any other agency' s interest as an involved agency under SEQRA 617.2jj . For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. me 0o y� Z Town Hall, 53095 Main Road P.O. Box 1179 'y01 Southold, New York 11971 JUDITH T.TERRY FAX(516)765-1823 TOWN CLERK TELEPHONE(516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK DATE: SEPTEMBER 6, 1990 RE: ZONING APPEAL NO. 3976, THOMAS & MARIAN SANTACROCE Transmitted is application for special exception submitted by THOMAS & MARI+AN SANTACROCE, notification to adjacent property owners, Notice of Disapproval from the Building Department, Zoning Board of Appeals Questionnaire form, Short Environmental Assessment form, Survey of property. Judith T. Terry Southold Town Clerk I 1 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS COUNTY OF SUFFOLK : ,STATE OF NEW YORK 6 Pt 0 G� ------------------------------------x .� 3 TOWN OF SOUTHOLD D [E ow 12 5 4 i, ZONING BOARD OF APPEALS HEARING ii NOV 141990 ------------------------------------x �� o� 6 : : Town Hall 7 53095 Main Road P.O. Box 1179 8 Southold, New York 11971 9 November 1, 1990 7:30 P.M. 10 11 B EF O R E 12 13 GERARD P. GOEHRINGER, Chairman. 14 15 BOARD MEMBERS: " . 16 CHARLES GRIGONIS, .JR. 17 "SERGE DOYEN, JR. 18 JOSEPH H. SAWICKI - Absent 19 JAMES DIN'IZIO, JR. . 20 21 ALSO PRESENT: LINDA KOWALSKI, Board Secretary 22 23 ICJ 24 . . 25 1 19 2 distance from the bulkhead, as much as we 3 possibly can. 4 MR. KRAMER: Okay. Thank you. 5 THE CHAIRMAN: Is there anybody else 6 that would like to speak in favor of this 7 application? Anybody that would like to 8 speak against the application? Questions 9 from Board members? ' 10 I make a motion reserving the hearing 11 to the next regularly scheduled special 12 hearing on November 15th. 13 MR. GRIGONIS: Second. 14 THE CHAIRMAN: All in favor? 15 MR. GRIGONIS: Aye. 16 MR. DOYEN: Aye. 17 MR. DINIZIO: Aye. 18 (Time noted: 7 :58 p.m. ) 19 THE CHAIRMAN: The next appeal is 20 Number 3976, on behalf of Marian and Thomas 21 Santacroce. The legal notice reads as 22 follows: 23 (Legal notice read off record. ) 24 THE CHAIRMAN: I have a copy of a 25 survey showing a two-story house. The 20 2 nature of this application is a ground sign 3 in the northwest corner approximately, which 4 is the corner of Shipyard Lane and Main 5 Road. I have a copy of the Suffolk County 6 Tax Map indicating this and surrounding 7 properties in the area. 8 Who would like to be heard in behalf 9 of this application? 10 MR. SANTACROCE: Thomas Santacroce. 11 I would like to have permission for the 12 sign. 13 THE CHAIRMAN: How big is the sign in 14 reference to size? 15 MR. SANTACROCE: Approximately -- I 16 don't have my paper work with me. 17 THE CHAIRMAN: That's all right. You 18 have always give us a call tomorrow. We've 19 got 23 by 46. I assume .that is in inches. 20 MR. SANTACROCE: Yes. 21 THE CHAIRMAN: That is not a lighted 22 sign, nor does it have iridescent or 23 incandescent letters that light up at night? 24 MR. SANTACROCE: No, sir. } 25 THE CHAIRMAN: That is a sign that f, r 1 21 J 2 reflects a business which is presently 3 located in Riverhead. 4 MR. SANTACROCE: Yes, sir. 5 THE CHAIRMAN: And what is the 6 purpose of this sign, other than for 7 advertising purposes? 8 MR. SANTACROCE: That's it. 9 THE CHAIRMAN: All right. We thank 10 you very much. 11 MR. SANTACROCE: Thank you. . . . 12 THE CHAIRMAN: Is there anybody else 13 that would like to speak in favor of this 14 application? Anybody that would like to 15 speak against the application? Questions 16 from Board members? 17 Hearing- no further questions, I make 18 a motion closing the hearing and reserving 19 decision until later. 20 MR. GRIGONIS: Second. 21 THE CHAIRMAN: All in favor? 22 MR. GRIGONIS: Aye. 23 MR DOYEN: Aye. 24 MR. DINIZIO: Aye. Cl 25 (Time noted: 8:03 p.m. ) i _ 1 145A 2 3 4 CERTIFICATION 5 6 7 I, GAIL ROSCHEN, do hereby certify that 8 I am an Official Court Reporter and that the 9 foregoing constitutes a' true and correct 10 transcript of the Town of Southold Zoning 11 . Board of Appeals hearing of November 1, 1990, 12 according to my stenographic notes. 13 fI G. z GAIL ROSCHEN 14 Official Court Reporter 15 16 17 , 18 19 20 21 . 22 .23 r 24 25 of Property:South Side of Park (frontage)of less than the required \ Avenue,Mattituck,NY;County Tax " 150 feet in this RAO Zone District. 1 Map Parcel No.1000-123-8-8. Location of Property: Lake View 7:50 p.m. Appl.No. 3971 Avenue(127t feet southwest of STATE OF NEW YORK) VALERIE M.KRAMER.Variance Huntington Boulevard,a private . to the Zoning Ordinance,Article : road),Southold,NY, County Tax )SS: XXIII,Section 239AB and Article ;: Map Parcel No.1000.68-3-10. COUNTY OF SUFFOLK) XXVIII,Section 281,for permit ;'. 8:35 p.m. Ap�p No.3975 sion to construct new dwelling -;:`ARTHUR G. CARLSON. structure with an i uf€iei>'rli set- Interpretation`and Variance to the-, Christina V O l i n S k l back from existing bulkhead and Zoning Ordinance,Article III,Sec--;_- from the-easterly(front)property tion 100-30(as disapproved by the said County, being duly sworn,say: line along Manhanset Avenues Lot Building Inspector)for approval of. Clerk of THE SUFFOLK TIMES, area of parcel is nonconforming in `'mariculture uses to include delivery this R40 Zone District.Location of :- and storing of seafood,packaging, published at Mattituck, In the Towi Property:730 Robinson.Road and :freezing and/or preparation of raw Suffolk and State of New York,and 980 Manhansei Avenue,Greenport, :';';4 or cooked seafood(processing)for NOTICE OF HEARINGS NY;County Tax Map Parcel No shipping and/or sales for off- the annexed is a printed copy,has be NOTICE IS HEREBY GIVEN, 1000-34-5-20. premises consumption.Zone Dis: said Newspaper once each we pursuant to Section 267.of the Town 7:55 p.m. Appl No 3976- trier:Agricultural-Conservation Law and.the Code of the Town of THOMAS AND MARIAN SAN " .;(AC). Location of Property: 1575 successively, commencing on tl Southold,the following hearings =; z:TACROCE. SpecialExceptionto` : °„-Lower Road,Southold;NY,County-.: October 19 90 will be held by the SOUTHOLD the Zoning Ordinance,Article III, Tax Map Parcel No. 1000-69-5-_1 TOWN BOARD OF APPEALS at a Section 100-31(9)(E)for permission 13 2. :"s Regular Meeting,at the Southold to construct off-premises ground 8:45 p.m. Appl.No.3788 Town Hall,Main Road,Southold, sign to advertise for business pur- SUN REFINING&MARKETING. NY 11971, on THURSDAY, ! poses. Location of Property for Variances to the Zoning Ordnance,::.:. NOVEMBER 1, 1990, at the Sign:Southeast comer of Shipyard Article X,Sections 100-102:(1)for following times: Lime and the Main Road,East Mari- permission to establish convenience z' 7:30 p.m: Appl.No.3969 on,NY;County Tax Map Parcel No.. store use in conjunction with and.. ANDREW BURKHARD.Variance 1000-38-1-12- accessory to the existing gasoline to the Zoning Ordinance,Article III, . 8:00 p.m. Appl. No. 3972 station use on this substandard par,. : Section 100-32 for permission to PETROL STATION LTD..Variance cel which contains less than 30,000 construct two-foot extension of to the Zoning Ordinance, Article sq.ft.in lot area for each use,and garage attached to dwelling with an VIL Section 100-72 for approval of (2)for interpretation as to heir t Sworn to before me this _ insufficient front yard setback.Zone proposed Lot#4 which will have limitation of accessory (c7fF, y) , � District:R-40.Location of Property: insufficient area in this Residential 'structure. Location of PrPA rty: day o 1996 370 Uhl Lane,Orient,NY;Orient- Office(RO)Zane District Imation�P, Corner of the Easterly Sidect. Notary P By-The-Sea Subdivision Lot No property:North Side of the Main wry Avenue and.Northeriy Side of 167,Section Three,Map 6160 Road(265t feet west of Alvah s the Main Road,Mattituck,NY;:., 1000-15-5-24.13. _. Lane),Cutchogue,NY;County Tax 1000-142-1-27. �""""fit 7:35 p.m. Appl.No.3974 Map Parcel No:1000-109-1-23. Matters Recessed from Serxember. : DONALD L.OSAHI(for GEORGfi '8:05 p.m. Appl. No..3977— :26.1 990990@ BRUDERMANN JR., Owner) BETTY J.COPIN..Variance to the 9:00 p.m. AppL No.3955 DO-. - Variance to the Zoning Ordinance, ;/. '�Zoning'Ordinance,Article III,Sec MINICK SBLENDIDO A Article IIIA,Section 100-30a.3 for tion 100-33B(4)for tr o AURICCHIO. approval of re-separation into two locate accessorryc(garage)building 9:10 p.m. No 3938—VII` separate parcels as shown by sepa partly in the side yard and rear yard IAGE MARINE rate deed conveyances,each lot with a setback at less than the re The Board of Appeals will at said having insufficient area and pro- ., . quired 20 feet from the southerly'` time and place hear any and all per-: .posed construction to meet setback property line.The lot area of this sons or.representatives desiring to - _requirements for this R-40 Zone :;parcel is.nonconforming at 40.000 be heard in each of the above mat '-District. Location-of Property: ;.sq.ft.in this R-80 Zone District .ters,Written comments may also be ':'North Side of Bayview Road and a Location of Property:2195-Albert- =r;` submitted prior to the conclusion of the Weai Side of Reydon Drive,`?,;'` `-::;-won Lane,Arshamomaque,Green- the subject hearing. Each hearing Southold,NY; County Tax Map ;:-port;NY;County Tax Map Parcel will not start before the time allot- . Parcel Nos.1000-79-5-10 and ll - .No.1000-52-5-54. red. Additional time for your pre- 7:40 p.m. Appl.No. 3980 8:15 p.m. Appl. No. 3979- sentation w01 be available,if treed-` •. VIRGINIA OLGA LEE..Variance THOMAS J. GORMAN.Variances:. ed. For more information,please,. to the Zoning Ordinance,Article :';'; '.to the Zoning Ordinance,Article III.- call765-1809. XXIV,Section 100-244B for ap- Section 100-33 for approval of loca Dated:October 17,1990. :, proval of deck addition to dwelling tion of two accessory (storage) : ,': .BY ORDER OF THE SOUTHOLD :. with an insufficient sideyard set-. buildings in the front yard,as exist. TOWN BOARD OF APPEALS back and reduced front yard set- The lot area of this parcel is non- -GERARD P.GOFBIUNGER back.Lot area is nonconforming in conforming in this R-80 Zone Dis CHAIRMAN_ this R-40 Zone District Location of .' trio Location of Property: 18 Cres- . :By Linda Kowalski -Property: 1455 Cedar Beach Road. ,:,;r Drive,Mattituck,NY;County 6Rt4 1T02. East, Southold,NY, County Tax Tax Map Parcel No.1000-1214-23. Map Parcel No.1000-92-14. •8:25 p.m. Appl. No. 3968— 7:45 p.m. Appl. No. 3978 — IRENE R.MILLER.Variance to the DONALD&DOROTHY SWAHN. Zoning Ordinance, Article IIIA'. Variances to the Zoning Ordinance, Section 100-30A.3,and Article Article III,Section 100-32 and Ar- `XXIII,Section 100-239.4A for per- ticle XXIII,Section 100-239 for '_„ mission to locate proposed dwelling approval of insufficient lot area and . structure with a setback of less than width(frontage)of two proposed 100 feet from the top of the highest parcels, each with an existing `. ``=';point(top of bluff on this 42,930 dwelling,in"-pending division of sq.ft.parcel.The parcel in question land.Zone District:_R-40.Location is nonconforming as to lot width - rNOJEC•T I.U•:IUhtt;ER ` 617.21 SEOR _ Appengial State Environmental Oliality Revi(,W SHORT ENVIRONMENTAL ASSESSMENT FORM PART 1— For UNLISTED ACTIONS Only PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT(SPONSOR /rr`Y®/y,4s¢ �!�� ��1 �,p 2- PROJECT NAME a- PROJECT LOCATION: ryi/e�COff �I / 1O"5� �v6\I / Munleloantv��L//✓� s(JLf��®b�d0 Of r �Ig/e�Q6V/�P pr E. PRECISE LOCATION(Street address antl road intersections,prominent landma County ��� Q ��T� 9� etc..or provide map) tI ST - /4- *//!1 A10 `P 1_1111 fil4 fl 4,4 A(A. 5. IS PROPOSED ACTICN: ❑New ❑Exoanslon 6, DESCAIBE PROJECT BAIEFLY' C1 M°difieatlon/alteration 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately • IS. Yr�ll ROPCSED ACTION CCl.1PLY WITH EXISTING ZONING OR OTHER EXISTING acres LAND USE AESTgICT10N57 LJ Yes NO It No,describe brielly 9. WHAT 15 PRESENT.L„ND USE IN VICINITY OF PROJECT? l01 Residential ❑Industrial Oescnoe: ,0 Commercial ❑Agriculture ❑ParWForestlOpen space ❑Omer 10. CC INVOLVE ACTION A PERM R IT APPROVAL,O FUNDING.NOW OR ULTIh1ATELY 1-HUM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE E CT L ❑Yes tA1 No If yes,list a cnc ermitla 9 y(s and) P pprovals It. GOES ANY ASPECT CF THE ACTION HAVE A CURRENTLY VALID PERMIT On APPROVAL? ❑Yes �tlo I!yes•list agency name and permit/approval • 12. AS A RESULT OF PROPOSED A(;TION WILL EXISTING PERMITIAPPROVAL REQURE MODIFICATION? ❑Y•, No I 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEOGE APOlicantistionsor name: Date: Slgnatutu: It the action is in the Coastal Area, and you are a state agency Complete the Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued, on reverse side) The N.Y.s. Env' of this form, and a e nmentsl Quality Review Act before an n take nr�ental review w111 uercauires y action is taken. cgul sub,,,,ion Ly this �uaru S1IO2T E•n/tP.O?1UTE"7T`,L ASSESS,IE`7T. a I:7STTL'C'."_O•IS: F�7R.I .. • that the In order to answer the preparer will use estions.in- this. short F;X it is project and the likely use currently available information concerninc :ied additional studies, research or the action. It is not expected that other investigations will be undertaken. fib) If any question " sig- nificant and completed Environmental been answered Yes the Project ironmental Assessment Formpis�nec may be siq- �c) If all necessary. project is not signlficant•have been answered No it is likely that the (d) Environmental Assessment ' 1• Will project result in a p large . to the rotect site or phys,cally physical alter moreQe than 10 acres of land? 2• Will there be a maj —yes land f unusual or chance to any unique or form on the syte? 3• Will project alter o Yes Ito an existin bod r have a large effect a 4 y of water? 4• Will project have a Yes X No groundwater quality?potentially large- impact on 5. Will project' signi_j Yes •to significantly effect drainage flow on adjacent sites? 6. Will Project affect _ Yes t' vO any threatened or endangered plant or animal species? 7. WillYes X no project result in a major adverse effect on air quality? 9. Will _ Yes 7,O actor ofcorvnunita�Or effect on visual char- nic views known to be important ftor the ecommunity?or vistas 9. Will _Yes �No project adversely impact any site or struct- ure rt historic, pre-historic, or palcontologlcsL• importance or any site designated as a critical envlrcnmental area by a local agency? X 10. willproject .• _Yes No have a major effect on existing or , future recreational opportunities? + 11. Will _.Yes _No project result in major traffic problems or csystems?ma jor effect to existing transportation v -. - 12. Will ProjectYes ^ No regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation; 1]. Will -Yes Pro No or satecy?project have any impact an public health 1. ' (Ji l l pro n o ��Yes X No directly�causingeat the existing community by lion of more than growth in permanent papuls- period or a ma percent over a one-year have character of )or negacive effect on the `Yes to the car^iunit or y neighborhood? 15. Zs there project? public controversy concerninq. the PrL,parc ' y Rio r Si' Yes naturC� � 4� 22A yy75 q /� � Date: QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATION L olu,is To THL•: BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms . If "Yes" is answered to any questions below, please be sure to depict these areas on your survey. (or certified sketch) , to scale, and submit other supporting . documenta- tion. 1. Are there any proposals to change or alter land contours? Yes No 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your. reference. ) Yes No b) Are there any areas open to a waterway without bulkhead? Yes No 3. Are there existing structures at or'*below -ground level, such as patios , foundations , etc? Yes No 4. Are there any existing or proposed fences, concrete barriers, decks, etc? Yes No 5. If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: �'® ��� ft. Yes No 6. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total:. . . ft. Yes NO 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes No 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any) ? Yes No State Permit # and Nature: �-- 9 . Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc. ) : Planning Board Yes No Town Board Yes No Town Trustees Yes No County Health Department Yes No Village of Greenport Yes No N.Y.S .D.E.C. Yes No Other Yes No 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Yes No 11. Is new construction proposed in the area of contours at 5 feet or less as exists? Yes No 12 . If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes No 13. Please list present use or operations conducted upon the subject property at this time and proposed Please submit photographs for the record. I certify that the above statements are true and are being submitted for , reliance by the Board of Appeals in considering my application. Signature (Property Owner) (Authorized Agent) 1/88 0 WETLANDS (Amended 8-26-76 by L.L..No. 2-1976; 3-20- - 85 by L.L.No.6-19851: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently env- ered with,or which border on, tidal waters, or lands lying beneath tidal waters• which at mean low title 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, blade grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass;and/or (3) All land immediately adjacent to a tidal wetland as r 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. FRESIIWATER WETLANDS: (1) "Freshwater wetlands" as defined in Articic 24, Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, ( of the Environmental Conservation Law of the State _ of New York;and (2) All land immediately adjacent to a"freshwater wet- land,"as defined in Subsection B(1)and lying with- in seventy-five (75) feet landward of the most land- ward edge of a"freshwater wetland." ( 9705 2.25.Hs ' Z47-1 '+L+'^sue • 'i' i.i•��:t L¢y-'.. Y 'own hoard ofAppeals �, Southold�x MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. / JOSEPH H. SAWICKI JAMES DINIZIO,JR. I ACTION OF THE BOARD OF APPEALS Application of TIMOTHY COFFEY and THE COVE AT SOUTHOLD, INC. for a Special Exception to the Zoning Ordinance, Article III, Section 100-30C for permission to erect off-premises directional sign. Location of Property: South Side of the Main Road (S.R. 25) , Southold, NY; County Tax Map Parcel No. 1000-75-06-7.3 . WHEREAS, a public hearing was held and concluded on August 18, 1988 in the Matter of the Application of THE COVE AT SOUTHOLD (TIMOTHY COFFEY) under Appeal No. 3755; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application for a Special Exception from the Provisions of Article III, Section 100-30, Subsection C to erect a 3' x 5' directional ground sign upon premises located in the "A" Residential and Agricultural Zoning District located along the south side of the Main Road (State Route 25) , Southold, with setbacks proposed at approximately 35 feet from the northerly (front) property line and 35 feet from the easterly side yard as more particularly depicted on sketched map submitted for consideration. Page 2 - Appeal No. 3755 Matter of COFFEY/THE COVE AT SOUTHOLD Decision Rendered October 6, 1988 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 75, Block 6, Lot 7.3, containing a total acreage of 19+- acres, having frontage along the south side of the Main Road of approximately 350 feet. 3. The subject premises is located in the A-Residential and Agricultural Zoning District and is presently used = agriculturally. It is noted for the record that the subject premises presently contains one ground sign for the Timothy Coffey operations. 4. The only provisions of the Zoning Code .permitting signs in this zone district are under Section 100-30C, with conditions .-,..:for accessory home occupancy uses and others by Special Exception approval. 5. On May 5, 1966, and again on March 22, 1979, the Board of Appeals established guidelines and principles governing signs not specifically covered in the Zoning Ordinance; and in order to assist the travelling public and in the interest of traffic safety, the Board established the following types of activities for which a reasonable number of off-premises signs, directional only, may be conditionally granted for a limited time period: a. Motels, hotels, tourist houses b. Restaurants and eating places .c. Churches d. Ferries, transportation e. Subdivision/development signs f. Shopping centers or business districts g. Amusement areas h. Civic activities i.. Federal, State, County, Town owned signs. 6. It is the position of this Board that the sign as proposed does not meet the requirements established above and as required by law for Special Exception approval. 7. Also in considering this application, the Board finds and determines: (a) the use of this sign is not within the bests interests of the general public or residents; (b) this proposal could in effect alter the essential character of the property or neighborhood in this zoning district; (c) the -grant. of this special exception as applied will not be in harmony with or promote the general purposes and intent of zoning. 8. The Board has also considered subsections (a). through (1) of Article XII, Section 100-121C(2) of the Zoning Code in making this determination. , ?1--AV 1� 1-0l 9. It is also noted for the record that under a separate application under Appeal No. 3756 rendered same date hereof, relief was granted for a similar sign for the same purposes at a different site located in the Business District, as conditionally Page 3 - Appeal No. 3755 Mauer of COFFEY/THE COVE AT SOUTHOLD Decision Rendered October 6, 1988 noted. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to DENY a Special Exception as applied in the Matter of TIMOTHY COFFEY and THE COVE AT SOUTHOLD, INC. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Doyen. (Member Sawicki was. absent due to serious family illness. ) (Member Dinizio abstained. ) This resolution was . duly adopted. lk GERARD P. GOEHRINGER CHAIRMAN IU�� Illllll pl � � ♦��,! ��: Fair In IWE orzi Fan'as.3 fill ro IMF 711111�= - • Ike- pal l_;7ut = a .� I i11,� :•, 4�Ip a tam' -`. ,/ �,� ,! =/ 11 ', /of of .� ► . . /iii/�, �ea_ jj;l: ■. �■ 1� �.. 1 ���1 :■I�I '''I 'so � air Jim N ;sly��:,�,t� �a� �1 ��?,�, 'I���� �� • _� NOW III ��`����®�!�� ��'�� _�u�L"i 1 i��E+�� ,, ••� � � �7■■ •�Ili�`��' '�1�,� ♦ . Orr „ PAS,�ll�rr .�. •/��d� � ,,•. .■��•• ,,;�r/',i��,irk \tl�������. ii/l) - r i 1 —STATE OF NEW PORK R E A L P R O P E R T Y S Y S T C 0 U N T Y - SUFfOLK C R 0 S S R E F E R E N C E L I S T I -TOWa -OF s6uTH0LD PARCEL IDENTIFICATION SEQUENCE SWIS - 473889 Y CK - - - 1988 - - - - -PARCEL ID R DG N A M E LAND TOTAL ` 37. -4-6 C RF MAllAFERRO NICHOLAS J 2,400 8rZo 37. -4-7 __. ..._ C RY PIHL ELLEN I 2r2000 790 RLE86AOTS 9037 :4-8 37. -4-9 C TK PARROTT WILLIAM & AILE 1',200 5.80 1fl CNN STEIN NANCY C ET ,9 , 37.-4-12.1 C PV KAPULER WILLIAM P & WF 21500 7,30 —37.-4=13 C PS THORNHILL KENNETH W & ,600 37. -4-14 C QL A88OTT DAN A 900 9C ` --_ 37.-4-1`S. _ C RE A.3BOTT___p_AN A' T_ldF._. _ _ fi, 0fl • 37.-4-16 C RX SEEMAN ARTHUR & MARIE 2.,300 6.80 37.=4=7 C TJ GAROINERS BAY ESTATES 300 30 ' 37.-5-1 C OE SAMBACH LANI M 1 ,500 9,4C ----37=-5-=Z C OX LONGWORTH DOROTHY S 9 1,700 6,80 37.-5-3 C PQ TODD MARJORIE PATRICIA 2,100 6.2C -._ =, 37.-5-4 _C QJ'_'TESSI-.ER J 0 H N S_-.___.. 900 _ 37. -5-5 C RC TESSIER JOHN S 1 ,000 4,2( C RV LUSCHER CHARLES 8 JR & 800 4,6C 37.-5-7 C SO JOHNS ON PATRICIA ANN 1 ,600 6,6C C Hal-EK P L 17r-ITCI A F!-�7I2 68uu 5,UL 37. -5-9 C UA PIROZZI FRANK A & CAMI 800 5.3C 7-, 3 .=5=10._._.._ - - C OD 1d 4JOHN50 -6ARTON C :flDfl T ' 37. -5-11 C OW VALENTINE EDWARD G & 2,100 6.01 C PP ELAN ROBERT GF ,4 r 37.-5-13 C QI REILLY PAUL J 1 ,300 3,8C C R3 LENNOX FLORAL H 800 • 37. -5-15 C RU MILNE RALPH & WF 1 ,300 S,SC --_C--S EQUE CLAUDE WF _ ___ ___ - - Ofl_ P 37. -5-17 C TG IS3ISTER ERIC & WF 2,200 5,61 C TZ BAKER GEORGE & WF 2,20 • T 37.-.5 -20 C. OV SCHLAEFER GORDON & WF 11000 - 7,6C C-PI-CALCAG(dIi11I 9AR9ARA ANN 37.-5-22 C QH STERN LEOPOLD . 1 ,400 1+4C - 7 5=23T __. - _ .0 RA_`THORP'FRANK _S__JR . ___.A _ __.___ __ __ _ [�0 `®ZT 37. -6-1 .1 C PQ THORP LOIS J . 20900 8,91 THORP LOIS J 'I 'l 0 C 37.-6-3.1 C RC THORP LOIS J 1 ,800 5,11 —37:-6---4- C t1Z FRAZ"IECt DONALD H '(,00 • 37.-6-5.1 C SO WALZ ROGER J & WF 1 ,400 6,8( 37 .� ._ -t- -� —�7 .-6=6.1 - . _.-._._-�. _.C. TH--MARTIN'^RALPH";�_R:`_ .._.__..._ . . _._ _._ . 1 ,400 T 37. -6-7.1 C UA LUSTGARTEN ROBERT & AN 800 1 ,71 —37:7= C PK CAPOGNA fILOMEN-A 3T 37_ -7-4.1 C SL THORNHILL KENNETH W & 2,100 2,1( S-E E R N­A­R T H-L R K 4�0 37.-7-3 C UN SEEMAN MARIE G 400 41 C.WC'-APREA TNo1 AS -J JR'AS .r.-— 2C)0 �5,c S' 37. -7-10. 2 C RB 8L ARNOLD & KAREN 2,100 2•1f TEA RIMit-O--CE-T-H O M A S-F- 33.-;-1 .3 ✓ i 0,P -C�E*E-P9iJ-€C-m JOSEP44 -A a-l00 15,7t 10:3 t E0 J -- - HE & . S----2.�(7Q-- 38. -1 -2� C MU .PORFIRIS VASILIOS 600- � 5,4� C-NN -WA-LLACE.:_ROBfRT 3,---W-F_ .. -_-T —900 , PA GE-- --T0T-AT-S -51-_P A-R C E C-S-rA ET-I V-E ° > It PAACEL NO, JI SEE SEC. NO. 132 SEE SEC. NG. G37 IS LINE SEE E SEE SEC. NO. 132 IC Legend KEY MAP �! c ' - a BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) Special Exception (Special Permit) (Other) [circle choice] . 2. That the property which is the subject of the Petition is located adjacent to your property and is des- a ' cribed as follows: Mk 3. That the property which is the subject of such Petition ocv i the following zoning district: 4 That by sucl aj_i,, the undersigned will request the following relief: 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section i o o —3 1.4 �y C [ ] 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) 7�5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Travel er-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 and be heard at such hearing. Dated: Petitioner Owners ' Names : Post Office 40�dress ,,pO Tel . No . /lp) V-7v© 7,,f7 [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] �. ,�C.caJ /_ ✓-fir a hl/� C r9�✓�`'� A/c PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS to -5 STATE OF NEW YORK ) COUNTY OF SUFFOLK) ss.: i.� S being duly sworn, deposes an sa that on the v day o , 19 �, deponent mailed a true copy of th Ns ice set forth on the re- verse sidi 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 ` J ' `�7' ; that said Notices were mailed to each of said persons by (certif' ) registered) mail. Sworn to befo e m this 6• �� day nf pig Aw JOSEPH E�O �lic NOTARY PUBLIC,State of New York No.4804615.Suffolk County, Term Expires September 30,19% ( This side does not have to be completed on form transmitted to adjoining property owners . )