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3749
,.r•i 1 1 • t L d1 South®� i Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS ACTION OF THE BOARD OF APPEALS JOSEPH H. SAWICKI Upon Application of STERLING IDEAS VENTURES for a Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, for approval of insufficient rearyard setback from the northerly property line for proposed principal building, at premises known as 46025 C.R. 48 , Southold, NY; County Tax Map Parcel No. 1000-55-2-18.1. B-1 General Business Zone District. c WHEREAS, a public hearing was held on July 14, 1988, in the-- Matter of the Application of STERLING IDEA VENTURES under Appl. No. 3749; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; 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 Variance from the Provisions of Article VII, Section 100-71 for permission to locate new principal building with a rearyard setback - at 25 feet as recommended by the Southold Town Planning Board under its pending site-plan review. 2. The premises is referred to as 46025 C.R. 48, located in the Hamlet of Southold, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 55, Block 2, Lot 18. 1. 3 . The subject premises contains a total area of 27,305 sq. ft. with 185. 61 ft. frontage along the County Road, is located in the "B-1" General Business Zone District, and is presently vacant land. 4. The principal building is proposed as shown on the May 28, 1987 Site Plan Map, prepared by Garrett A. Strang, R.A. , Page. 2 - .Appl : No'. 374 . Matter. of.-.. STERLING IDEAS, VENTURES Decision.: Rendered_. July 14 , 1988 -. with- the .following: setbacks: . , (a) _;_ closest setback, from:. the. westerly property line at 26 feet; (b) closest setback from the .easterly property line at 26 . feet; (c) closest setback from the front property line at 77 feet; (d) closest rearyard setback at 25 feet,. under consideration herein. 5. , Article VII, Section 100-71, Bulk Schedule, of the Zoning Code requires a minimum rearyard setback at 35 feet. _- The amount of relief requested _is 10 'feet. 6. In viewing the area, the following information is noted for the record: (a) the existing principal building immediately- adjoining this parcel on the west side has a setback of approxi- mately . 42' feet from the front property line; (b) the existing principal building nearest thisparcel on the east side has a setback of approximately -75 feet from the front property line; - - (c) the premises adjoining this parcel to the north which would be the parcel most likely to be affected by this variance is a drainage - sump- maintained- by-the County of. Suffolk. 6. It is also the understanding of this Board that expansion of the County Road (extending from Horton's Lane :-in, Southold. to .Main Street in Greenport) to a uniform pavement width of 46 feet is proposed under Project No. 5145, and the best interests of the traveling- public. would be served by the grant of a -reduction. in the rearyard in order to provide- additional open frontyard.areas. 7': - In considering this appeal, the Board also finds and determines: - (a) the relief requested is the minimal necessary; 4b.) there"is no other:'m6thod feasible for appellant to pursue; (c) the project will not be adverse to. the character. .of..the neighborhood; _. = (d) the difficulties claimed are unique to the property and are not personal in nature; .(e) the project. is .within the spirit and intent of zoning; (f) the -practical difficulties are sufficient; (g) in view of .the_.manner in which. the difficulties -arose and in. considering the -above factors,- the interests of ..justice . will be served by granting the application as applied. Page 3 - Appl. No. 374! ' Ratter of STERLING IDE) VENTURES Decision Rendered July 14, 1988 Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, to GRANT a Variance under Appeal No. 3749 as applied. in the Matter of STERLING IDEAS VENTURES for a reduc- tion in the rearyard to a minimum of 25 feet for the newly proposed principal building. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen was absent. ) This resolution was duly adopted. lk GERARD P. GOE�N ER CHAIRMAN • t J HOLD 05 + , t F` 12 L I NK-T. D, . L- , i UIC L- -.Ij r (14,1�4 /tao ) + .415.$3 T� P-/ l.C2OA L� r�uer�u �. ;: 7..0!�tlOg W. •`"1e h£ :l 5,6t ' � (j?gj-'"#. .__. f_r y �f•.t_ 12 MWA TIC MAIN MAtN -Or- ROAD Al�}tZTH E• OF' V } +'E.ice." 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L Al rLI R-,�IZtm.i�N 1 �rl,.v (TancF-1c� a /A\A (7RacFriJ ` 'CULLIG '� `eru. Qr» PA to -, F I vnD SAD + Ck 4 SATEFUF_LOP/�\EhJT L�/l) Q I488 4, 3 �, y •' ', - , 'f.a7,0 �F Lc�-r �pVFRAGE;i , .. , � '� � , �. Gan1t��C.4P � rnn_�, 5� 5 1 1 . 5�Z• it ;r r` z ,,. '. • - La9J A P-FA 4,3 4 4 ��. 'F'f• - ' - TA tC �I�15O3•r!� 2 9 �.1'�A4 E.17 Tc�-rAZ PAP-K / 2 9 A P2-Aiv \VAS P F-D ►r.�i FR�A\, A, �L/2VCV /�\A D C 13 Y R 0 C)r"2 L k VA A) '7 U YG , P C. L/GL�I$l�I� L4�V15 ."hut<.VI' Yo S C�Anrca APr?1L Z2, 198? TITLE • ., . . V—VrQ.I l , 14,r-,, Af/Its'L V,x ED AR FOB TRrrF�� , •ST��I.. IN I��A V � NTUtZ � GARRETT A, !STRANG � s LOCATION /�OPTf C4 D 'a r L ''g`A # + • C , C� SCALE .Sav-W R'EVIZBED j��/ DRAWING N9 _ y . Main Road P.O. �s '-,-p " Box 1412 Southold N•Y. 11971 DATE .�' r0-S�i `�E.-V15f'}"�SZ, �s\NNIIJCt'1'.7'P• (� 4a 516 - 765 - 5455 -23-88 - S T- l-�• �n T 2 DRAWN BY �\ 0f NEw i PROJECT NQ 87: 0 6 .;!fl IifiLL 25 Suuiiiu.w, gi.Y. .11m 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, JULY 14, 1988 at the following times: 7:30 p.m. Appl. No. 3733 . Esme and Nicholas Lag_udis. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to locate accessory (gazebo) structure within 100 feet of the top of bluff along the L.I. Sound, at premises known as 760 The Strand, Pebble Beach Farms Subdivision Lot #129, East Marion, NY; County Tax Map Parcel No. 1000-30-2-84. 7:35 p.m. Appl. No. 3735. DINO AND LYNN ROSSINI. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct deck addition, landing and stairs near and along bluff of the L.I. Sound, at premises known as 755 Soundview Avenue, Mattituck, NY; County Tax Map Parcel No. ' 1000-94-1-6. 7: 40 p.m. Appl. No. 3736. JOHN R. SCHREYER. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct deck addition within 75 feet of bulkhead - along Peconic Bay, at premises known as.. 160 Blue Marlin Drive, Southold Shores Subdivision Lot #2, Greenport, NY; County Tax Map Parcel No. 1000-56-7-20. 7:45 p.m. Appl. No. 3738. GEORGE BORNSCHEIN. Variances, to the Zoning Ordinance, Article III, Section 100-31, for permission to extend garage located in the frontyard area and attach same to existing dwelling, and to construct additions to square off rear of dwelling in excess of maximum-permitted lot coverage requirement, at premises known as 560 Oak Street, Cutchogue, NY; Lot #24 and one-half of #25, Map of Eugene Heights; County Tax Map Parcel No. 1000-136-1-44. 7:50 p.m. Appl. No. 3743. NORTH FORK GREEK COMMUNITY ASSOCIATION, INC. Special Exception to the Zoning Ordinance, Article III, Section 100-30B for permission to expand building for a Place of Worship .at premises known as 1950 Luthers Road, Mattituck, NY; County Tax Map Parcel No. 1000-106-9-6.1. 8: 00 p.m. Appl. No. 3737. JOHN and JOAN POLYWODA. Variance to the Zoning Ordinance, Article VII, Section 100-71 to construct 1116" x 36 ' addition (for storage) with an insuffi- cient sideyard setback at the westerly yard area, at premises known as 55560 Main Road and 20 Hobart Road, Southold, NY; County Tax Map Parcel No. 1000-62-3-2. B-1 Zone District. 8: 05 p.m. Appl. No. 3741. DOUGLAS AND ELIZABETH WHELAN. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct addition with an insufficient setback at the easterly side of existing dwelling which has been determined by the Building Inspector to be frontyard area, at premises known as 1145 Old Harbor Road, New Suffolk, NY; County Tax Map Parcel No. 1000-117-03-8. Page —Notice of Hearings Regular eeting-July 14, 1988 Southold own Board of Appeals • . 8c10 p. Appl—No. 3748. JAMES and ELAINE KELEMBELIDIS. ariance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to exten /,deck with an insufficient rearyard setback, at premises kn n as 395 Dogwood Lane, Sou hold, NY; County Tax' Map Parcel .N . 1000-54-5-28.1 8:15 p.m. Appl. No. 3742. OLIVER CAMPBEL . Special Exception to the Zoni g Ordinance, Article IX Section 100-90A •for permission to cons ruct principal buildi g for storage purposes in. this C-1 In ustrial Zone Distri t in conjunction with sand an stockpile yard, t premises located along the west. side of Co Lane, Cutchog , NY; County Tax Map Parcel No. 1000-84-03-5. 8 :25 p.m. Appl. No. 37 5. JOSE H SPITALIERE/JOHN C.W. CAMPBELL. Variance for appro al of ccess in accordance with New York Town Law, Section 280 a ov r private right-of-way located along the east side of a ar Beach Drive (just south of General Wayne Inn) and extending in an easterly and• thence - southerly direction to parcels d tified on the Suffolk County Tax Maps as No. 1000-90-4-14 d 1 8 : 35 p.m. Appl. No. 3749. STE ING IDEA VENTURES. Variance to. the Zoning Ord' ance, Art cle VII, Section 100-71, Bulk Schedule for approva of insuffic ent rearyard setback from the northerly property line for propose principal building, at premises known as 46025 C.R. 48, Southol NY; County Tax Map Parcel No. - 1000-55-2- .1. B-1. General B siness Zone District. The Board of A peals will at said tim and place hear any and all persons or representatives desiring to be heard in each of the above mat rs. Written comments may lso be submitted prior to the co lusion of the subject hearin Each hearing' will not start efore the time allotted. For ore information, please call 7, 5-1809. Dated: June 27, 1988. BY ORDER OF THE\ SOUTHOLD TOWN BOARD OF APPEALS\\ GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary ------------------------------------- ---------------- `-------------x Instructions to newspapers: Please publish on THURSDAY, JUNE 30, 1988 , and forward 11 affi- davits of publication to: Board of Appeals, Main Road, Soutold, NY 11971, on or before July 5, 1988. Page 2 - Notice of Hearings , Regular Meeting-July 14, 1988 Southold Town Board of Appeals 8:10 p.m. Appl. No. 374.8. JAMES and ELAINE KELEMBELIDIS. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to extend deck with an insufficient rearyard setback, at premises known as 395 Dogwood Lane, Southold, NY; County Tax Map Parcel No. 1000-54-5-28.1 8:15 p.m. Appl. No. 3742. OLIVER CAMPBELL. Special Exception to the Zoning Ordinance, Article IX, Section 100-90A for permission to construct principal building for storage purposes in this C-1 Industrial Zone District in conjunction with sand and stockpile yard, at premises located along the- west side of Cox Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-84-03-5. 8 : 25 p.m. Appl. No. 3745. JOSEPH SPITALIERE/JOHN C.W. CAMPBELL. Variance for approval of access in accordance with New York Town Law, Section 280-a over private right-of-way located along the east side of Cedar Beach Drive (just south of General Wayne Inn) and extending in an easterly and thence southerly direction to parcels identified on the Suffolk County Tax Maps as No. 1000-90-4-14 and 19. 8 :35 p.m. Appl. No. 3749. STERLING IDEA VENTURES. Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule for approval of insufficient rearyard setback from the northerly property line for proposed principal building, at premises known as 46025 C.R.. 48, Southold, NY; County Tax Map Parcel No. 1000-55-2-18.1. B-1 General Business Zone District. 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. For more information, please call 765=1809. ; Dated: June 27, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF. APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary -----------------------------------------------------------------x Instructions to newspapers: Please publish on THURSDAY, JUNE 30, 1988 , and forward 11 affi- davits of publication to: Board of Appeals, Main Road, Soutold, NY 11971, on or before July 5 , 1988. f ' FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICC SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Idle No. . . ...... . . . . . . . . . . . . . . . . . . . . . . . . . . Date .��; eZ�. . . . . . . . ., 19 . . . . . . . . . . ... . . . . . . . . . . . I'I.f:ASE TAKE NOTICE tf that your application dated a;Q , , , , , for permit to constm t . ,F-�a, /.!�'l C$.. . .W? . . . . . . . . . . . . .'. . . at Location of Property . . . aS��- c .,., House No. (� Streot County-Tax Map No. I000 Section . . . .�.�5`.5�. . . . Block . . . . .4,? . . . . . Lot, . . .� Subdivi%ion . . . . . . . . . . . . .. . . . . Filed A-fap No. . . . . . . . . . . . . . . Lot No. . . . is returned herewith turd disapproved on the following grounds . . C�L. Of .. . ... . . : : . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . ae:U qs.. ... . �. . . . . . . . . . . . . . . . . . . . . Building Inspector Rv 1/eo TOWN OF SOUTHOLD, NEW YORK REIMh/ED37, Li APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NIm 2 S DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1' Garrett A. Strang for Ster�j.ng Ideas 54655 Main. Road. . .. .... .. .... . . ... ..... ...... . ..... Name pellont Street and Number ..................So.uthold. . . .... New York,.......HEREBY APPEAL TO .... .... . .. .................................................... ..... Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR .PERMIT NO. ........... DATED ..,,June 20 , 1988 ......................... .................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Garrett A. „Strang.,...Architett for Sterling Ideas Ventures ..... ................... Nome .o Applicant for permit of 54655„Main, Road P,O.Box 1412„Southold,New York,, 11971„ Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (.X). Permit to Construct 1. LOCATION OF THE PROPERTY ...46025 C.R. 48 Southold B-1 General Business .............................................................................. Street /Hamlet / Use District on Zoning Map District 1000 Section 55 Block 2 Lot 18.•c 1 ................................................... ... ............... urrent Owner Sterling Ideas Ventures /vlap No. NSA Lot No. Prior Owner Kowalski/Berry 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article VII Secti on 1 00-71 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( X). . A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low ,Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (k=1(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit _ ( ) request for a variance andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X ) A Variance to the Zoning,Ordinance is requested for the reason that Form zsi (Continue on other side) REASON FOR APPEAL Continued If `STRfCT`APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sory HARDSHIP because It would require that the Building be located closer to the Road thereby reducing the amount of landscaped area in front of the Building. It was the preference of the Planning Board to have the building situated on the site as shown so as to allow for a maximum of visiable landscapeing. 2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate vicinity.of this property and in this use district because This lot had been reduced in size due to the taking of land by Suffolk County to accommodate a Recharge Basin. This Recharge Basin is contiguous to the rear property line of this lot. This condition' is unique to this Parcel and the reduced rear yard would only be abutting the recharge basin. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The majority of the lots in this district are larger and those in. the immediate vicinity have already been developed.. In addition. _ the spirit of the ordinace with regard to open rear yard space would be maintained by the fact that the Recharge ,Basin can not be built upon and would remain open space. STATE OF NEW YORK ) ss ................ COUNTY OF Suffolk ) Signature Swornto this ..............o..9 ......................... day of................i ...................... 19 MEN K DE WE /� NO'►ARY PUBLIC,State of New York ..................��-C��"'.......en...!�.�....V(�-e-...... T�.�4701878,Suffolk Cou�r Notary Public Pires March 30,19� Tp� OF � SOUTHOLD P OPE'�TY, 7E ^.:.� COED itA`RD `.OlNER 's STREET T"`- VILLAGE DISTRICT SUB. - LOT = S ' FORME N �.. �. e ,. . _ ' �: - R O ER N E A-MERGE • - S. , .4�1 , ; ,�-� YS! W ." .. TYPE OF BUILDING e. RES. SEAS. VL. 330: FARM COMM. . I IND. I CB. _ I MISC. I Est. Mkt. Value LAND IMP. .TOTAL DATE REMARKS t V G 1 d c z.� 4 Q �_cT. S c _ ' c,-` -1 9A, kcw - u - 3 Z 3 o Q.. a ,/ S=� - Z.J Z�l'G /�74 c cr-a-o �3 Q <.; 300 ✓ r- 1<akyn fsue t:> __YG,;q AGE - BUILDING CONDITION NEW-. '- NORMAL BELOW_ ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD i . C 2 •Tillable 1 . --- -. - _ - __ - - • ---_ - - . •� - - - Bb Tillable' 2: DOCK Tillable, 3 : Woodland ; Swampland. ; Brushland - House Plot - total l TO: Zoning Board of Appeals FROM: Planning Board RE: Proposed Variance for Site Plan of Sterling Idea Ventures SCTM# 1000-55-2-18.1 DATE: July 13, 1988 The Planning Board is in support of this proposal because: 1) it mazimizes landscaping in the front yard; 2) it maintains general building setbacks in keeping with the existing development in the surrounding area; 3) the property is bordered on the north by a County recharge basin, which acts as a buffer between the residential zone to the north and the commercial zone of this property; therefore there is no need to observe the usual rear yard requirement of 351 . The proposed 25' depth is adequate for internal circulation. However, it should be noted that this proposed retail office complex does not meet the 250 landscaping requirement of shopping centers. V Southold T®wn Board ®f A eats I y,, PP MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS June 2 4 , 1988 JOSEPH H.SAWICKI TO : Office of the Planning Board and Planner RE : Z. B. A. Projects to be heard on July 14 , 1988 . Attached for informational purposes is a list of those projects which you may or may not want to review as to input for those elements which might affect your jurisdiction . Input must be received no later than July 13th. Please note that no - adjournments will be expected except unde.r extraordinary circumstances . Please feel free . to review our files . New Matters Proposed for Hearings on July 14 , 1988: LAGUDIS , NICHOLAS - Appls #3733. Gazebo within 100 ft. of bluff. The Strand Way , at East Marion. ROSSINI , DINO - Stairs and platform along bluff. Soundview Ave , Mattituck. next to Hosny Selim variance) 94-1 -6 POLYWODA, JOHN . Addition for bottle storage . Hobart and Main Roads , Sld. 62-3-2 JOHN SCHREYER . Deck within 75 ft, of shoreline/wetland area. Blue Marlin Drive ,. Greenport. 56-7-20 BORNSCHEIN , GEORGE. Lot coverage and construction within 75 ft . of shoreline/wetland area . 560 Oak St , Cutchogue . 136-1 -4.4 SPITALIERE , JOSEPH (J : Campbell ) . 280-a over ROW (next to General Wane ) Inspection report .to be reviewed after submission . ) 90-4-14 WHELAN , DOUGLAS . Porch addition with insufficient front yard at 1145 Old Harbor Road , New Suffolk. 117-3-8. 6 CAMPBELL , OLIVER. C-Light Zone. W/s Cox Neck Road , Cutchogue . 84-3-5 NORTH FORK GREEK CHURCH. Special Exception to enlarge church area. 1950 Luthers Road, Mattituck . 106-9-6 . 1 WILCOX , CHESTER , BUILDER or KELEMBELIDIS. Deck with insufficient rearyard. Dogwood Lane , Southold . 1000-54-5-28. 1 Vof_TERLING IDEA VENTUS . Variance for insufficient rearyard at N/s CR 48 , SoutREhold . B-1 Zone. 1000-55-2- 18. 1 oc��FFULA, Southold Town Board of App,eo MAIN ROAD STATE ROAD 25 SOUTHOLD, L.I , N °Y 11971 TELEPHONE (516)-;765=1809 APPEALS BOARD July- 14, .19-88 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN S.E.Q.R.A. CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO. : 3749... ...... ...... ...... ...... PROJECT NAME: . ' .STERL'TNG "T'D'E'A VENTURES This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the .,N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a sigiifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Approval* 'of insufficient rearyard setback from the northerly property line for proposed principal building LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 46025 C.-R.. 48, , So.uthold, NY REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The property .in question is not located within 300 feet of tidal wetlands or other critical environmental area. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals,.. Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802 . Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. (3) The relief requested is a setback variance as . regulated by Section 617. 13, 6 NYCRR, SEQRA me --70H and JOAN POLYWODA. —- — THE SOUTHOLD TOWN _____. at BOARD OFAPPEA ed' —premises known as 755 Soundview Variance to*tia Zoning Ordinance, GERARD P.GOEHRING] e, Avenue, Mattituck, NY; County Article VI ction 100-71 to CHAIItNL construct 1 t 36' addition (for ap Tax Map Parcel No. 1000-94-1-6. Linda R�fwalski, storage) with an insufficient e- ifficient sid 7:40 p.m. Appl. No. 3736. Board Secretary 15. JOHN R. SCHREYER.Variance to yard setback at the weste 6005-1TJ30 � the Zoning Ordinance, Article XI, area, at premises known as 55566 Section 100-119.2 for permission Main Road and 20 Hobart Road, proixr-,' ,'GL'Z'egS'in accordance P' to construct deck addition within Southold, NY; County Tax Map with New York Town Law,Section ;e11t0 of Mattituck, in Parcel No. 1000-62-3-2. B4 Zone 75 feet of bulkhead along Peconic 280-a over private r ht=of-wa Bay, District. g y says that he/she is prineiplil at premises known as 160 located along the east side of worn, y 8:05 p.m. Appl. No. 3741. er Blue Marlin Drive, Southold Cedar Beach Drive (just south of Weekly Newspap Shores Subdivision Lot#2, Green- DOUGLAS AND ELIZABETH WHF.- General Wayne Inn and extendingTIMES, a port, NY; County Tax Map Parcel LAN. Variance to the Zoning Or- in an easterly and thence southerly i the Town of Southold,Codnty of No. 1000-56-7-20. • , dinance, Article III, Section 100- direction to parcels identified on 7:45 p.m. Appl. No. 3738. 31,Bulk Schedule, for permission the Suffolk County Tax Maps as York,and that the Notice of Which GEORGE BORNSCHEIN Variances to construct addition with an No. 1000-90-4-14 and 19. ` has been regularly published in insufficient setback at the easterly� to the Zoning Ordinance, Article y 8:35 p.m. Appl. No. 3749. °pyr 1 weeks III, Section 100-31, for ermis- side of existing dwelling which ER DE VENTURES each week for has been determined by the Build- n sion to extend. garage located in Variance to the Zoning Ordinance ;jng on the day of ing Inspector to be frontyard area, the frontyard area and attach same Article VH, Section 100-71, Bu at premises known as 1145 Old 88 to existing dwelling, and to Schedule for approval of insuffi- — Harbor Road, New Suffolk, NY; construct additions to square off County Tax Map Parcel No. 1000- cient rearyard setback from th rear of dwelling in excess of northerly property line for pro- q f 117-03-8. �� �� �'l.D maximum-permitted lot coverage posed principal building, at requirement, at remises known as ME p.m. Appl. No. 3748. �n q ppremises known.,s}�s:�46025 C.R DAMES and . •AIN . KELEMBE- 560 Oak Street, Cutchogue, NY; 48, Southold, NY; County Tax Lot #24 and one-half of #25, Map LIDIS. Variance to the Zoning Map Parcel No. 1000-55-2-18.1. of Eugene Heights; County Tax Ordinance,Article III,Section 100- principal Clerk Map Parcel No. 1000-136-1-44. 31, Bulk Schedule,for permission B-1 General Business Zone Dis . to extend deck with an insufficient 7:50 p.m. Appl. No. 3743. rearyard setback, at premises The Board of Appeals will at NORTH FORK GREEK COMMU- known as 395 Dogwood Lane, said time and place hear any and Southold, NY; County Tax Map all persons or representatives de- Exception ASSOCIATION.INC. Special p Parcel No. 1000-54-5-28.1 siring to be heard.in each of the Exception to the Zoning Ordi- 8:15 p.m. Appl. No. 3742. above matters. Written comments 19 � � •. Hance, Article HI, Section 100- $157 8° 499 OLIVER CAMPBEL.L.,Special Ex- may also be submitted.prior to the ARY pUBI�w, q g98�U T 30B for permission to expand P g conclusion of the-sub ect g. �Suff01k County building for a Place of Worship at Article to the Lion Ordinance, ) hearing. �� premises known as 1950 Luthers Article IX, Section 100-90A for Each hearing will not start before Term ExP1reS Eebrua permission to construct principal the time allotted. For more infor- Road,Parcel o. 100 County Tax building for storage purposes in mation, please call-765-1809. Map Parcel No. 1000-106-9-6.1. this C-1 Industrial Zone Distrim in Dated: June 27, 1988. 8:00 p.m. Appl. No. 3737. conjunction with sand and stock- BY ORDER OF trtatuck,Nl';Caun # sideyard setback";it Westerly squtli Cameral Vllaytte ttu� tiC>1_I( 4 t)1 °Fi1 �KIN(,ti ty ,-a iaQ Parcel No: yard area;at grernts ovm as { on airtg4n an easterly and tt�941-5. 5556(1l!/tatrr Road and :20-" nm:southkrly-direca ±i _to i 1i1'.Ki Ii: (�[�- - 7:40 p.m.' f�i i FVO. bl�6. i :-i(ban -;.5 •;c..S,,.siizinwid :�`i:, - i t r* -�+ . L pp. par�,o.s it:?E;at FiC., F'the Suffolk i `.pu„u ut to S�ui� t,t. -JOHN R SCHREAR; County.T'ax lalap Parcel Na County :Tx Maps as No the 1( 11 I n%\alid the.cod ,if. ; 000 623 2 _ 000 90 =14 an l9 thy. ii,ttn ui Suuthcild the $ 1 d Hance, ArU le.X nm Or 1..,g;OS p.m. m Appl No 3741. g 3 p m Apgl. No: 3749 ' Section 5 tulluu,ni h�mnl ti Mill h� head lOQ-119.2 forpermFssFon to con- DOUGLAS AND b� t1i� Stri I Htri I) ,7t)�t'-ti: - STERLING .IDEA 'VEN struct.deck:addition'withm 7S ELIZABETH WIIELAN, TLJRES Variancetothe'Zoning lit -NRO t)1 API'I 1I.S d a': feet-of;bulkhead aI6ng`,Peconic _ Variance to the Zoning-Qr- lt�,i lar:Met tin g of file Southold, Ordinance,Article=VIi,Section �. Bay,.ac premises known as I6a di' ' Article III, :Section Q0-71, Bulk.Schedule for ap a,n Road Blue'`Marlin_ Drive; Southold I QO-31,:Bulk Schedule,for per- I tic,uthiild 'v�S►;}ulf;, IIy71 s,n : proval:of'insufficient renryard I ffl K(,,-},:If I}"11,-'I�xx,ai.: :Shores Subdivision Lot No:2, mission_to construct addition.. Gieenport, NY, County Thx with:ari:insufficient setback at rty line for proposed prin'the no I opal set the fiiilu�+inE time.. Map Parcel No. 1000-56-7-20. the easterly side of existin ji► p m :1pn1, tic,. 17i1 g building,at premises known as 1 S S(I t ti f7 I('I 1 t 1 ti^ 7:45 p m Appl No 3738., dwelling_wtuch:has been deter-_ 46025 C.R. 48,`_Southold, NY, +riaiu�m the/�,u .' GE(bR©E BORNSCHEIN mined:bythe$tWdinglnslxctor`- . County`-Tax .Map.Parcel No m� UrJiii+n«,.9rit�k::KI 5� Vmiances to -the ,Zontng .Or= to be frontyard area,at premises. 1000 55-2-18.1. B l: Genera _lionFix►:I11 listpermi„tento "dinance, Article III',:Section known :as 1145., Old Harbor BusFness;Zone.District. 10(131,,for permission to extend. Road,New Suffolk,NY;`Coun- The Board of Appeals will at ill�.ftNt't�u ui':ihcit�li, garage located_in the frontyard ty Tax- lviap Parcle No• said time.and-place'hear-any and :i,h hltilf thing t;h� I.1- 5uuttd,: area-and attach.same to existing .1000417-03 8 ;': Nall -persons.:,,or--representatives of,hcenii,c.a ntnt,n a, 7fi(► t:hc; dwelling,-an}to addi- 810.:p.m: Appl No. 3748. desiring to be-heard.in each of St and, Nhhlc fleach f.irni i6 s nos care ofoff emaxim 11 DAMES AND . ELAINE the above matters.Written coin Suhdi%itium Lcit \o. 129 t %( um- KELEIVIBELIDIS .Variance to merits. may also'be submitted permitted:lotcoverage require- the Zoning Ordinance, Article prior-to.the conclusion-of the merit,at: remises:known.as.560 111,, Section 100-31; Bulk I tn�l do li1(x►-3o.. xt. P subject-.hearing. Each hearing . �• j,m ';�Ppl ti„•, 17i5. Oak Street,Cutchogue;NY,Lot 'Schedule,for rmission to ex- pe will not start.before thetime No,-24 and ope-half-of No25, ,tend deck with an insufficient allotted.For more information, E to tnrr to tl� /oniiit Or= Map,of Eugene Heights,Coun- rearyard setback, at:premises please_ca11 765-1800. dn,an�t, lrtttl -ll, :Scruori :. ty Tax. Map. ,Parcel No: known as 395 Dogwood Lane; DATED: June 27; 19$8 1tN► Ilv; for pCr nt��ii�i u�aru�t Lls�l adtl _ BOrrni= 1000-136-144.B 1.Zone District.. Southold;NY,CountyIkMap RDER:OF THE - NO. Parcel o00-54-528.1it,on .landi,rg :50 pm Appl. SOUTHOLD TOWN and da ft ii�.tr tfnd-along hlat,f NQRTH FORK GR18EK COM= 8.F5` p m Appl No. 3742._.: BOARD,OF APPEALS - " OLIVER is, PBELL..S i,l the 1:.1 Sitatid .it premises MTJNITY 'ASSOGht1ThO1V, GET�ARD P GOEHRINGER, pedal`;., A n<,�k.n :.t. .'S�, lutrnd�fr�� INC Spec Exception to .the Exception to the Zoning Or CHAIRMAN . Zoning Ordinance, ArticleAll, dinance, Article IX, 'Section Linda Kowalski,.; Section-100-30B_for permission IW90A for.permission to.con- .'Board Secretary to expand building fora Place struct principal building for iT036/88(9)`': of Worship at premises known storage purposes in this C-1 In- as i950 'iuihcrs. lead, lour.- dust i.. zczz ^istrict -.. . aituck, NY; County Tax`Map junction with sand andstockpile " ,Parcel No.:-1000-106=9-,6.L.,: yard,at premises located;along 8:00 p.m..Appl. No. 3737. the west side of Cox Lane;Gut- JOHN.:_ AND JOAN chogue; NY, County-:Tax-Map POLYWODA: Variance to the Parcel N_ 0 1000-84 03=5: ' Zoning.Ordinance,Article.VII, 8:25 :p m Appl.„No: 374.5_ Section ,100-71 to, construct JOSEPH SPITAI-ERE/JQHN:. 11'6" X. 36 .addition (.for C.W.CAMPPELL.Variance for storage) with an insu fficient approval of access in accordance With New:York Town Law,Sec- don.280-a'over private right-of way:located along the east side 9f Cedar Beach Drive (just 4. r � • • r COUNTY OF SUFFOLK ss: STATE OF NEW YORK 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 . . . . . . . . . . da4. . .w+. . . . . . ., 19. . . . . . . . . . . . . . . . . . . . . .� .U. . . . Sworn to before me this . . . . . . . . .e mil. . . . . . day of 19 . elf . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notary Public BARBARA FORBES Notary Public, State of New York No. 4806g46 Qualified in Suffolk County Commission Expires -A� 3/19 P? Southold Town Board of A eals lr� PP MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO WHOM IT MAY CONCERN : Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L . I . Traveler- Watchman , Inc. and Suffolk Weekly Times , Inc . Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience . . Please be assured that your publi-c.'.hearing will not start before the time allotted in the Legal Notice . If you have any questions , please feel frze to 'call our office , 765-1809 . Yours very t�r'L 1 GERARD P . GOEHRINGER CHAIRMAN Linda Kowalski Secretary and Board Clerk Enclosure oil TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS _ REGULAR MEETING OF THURSDAY, JULY 14, 1988 Appl. No. 3749 Applicant(s) : STERLING .IDEA VENTURES Location of Property: 46025 C.R. 48 , Southold County Tax Map ID No. : 1000-55-2-18. 1 . B-1 Genera I ' Business Zone Di-strict. Board Members present: Chairman Goehringer P. Goehringer, - Members: Grigonis, .Douglass and Sawicki . Absent: Doyen Also Present: Victor Lessard, Building Dept. , Linda Kowalski , Z.B.A. Secretary and approximately persons in the audience. . The Chairman opened the hearing at . 8:35o' clock p.m. and read the notice of hearing and appliation for the record. CHAIRMAN GOEHRINGER; I have a 'site plan produced by Garrett A. Strang. The most recent date- is 5/23/88' showing 'the building 25 ' feet from the .rear property line. And I have a. copy of the Suffolk County Tax Map indicating this 'and surrounding properties in the-A area. Anytime you're- ready. MR. STRANG: The application as you're well' aware_ from reading it, Is seeking .relief from the rearyard setback requirement. Originally an application was. made to the Planning Board and a site plan sub- mitted. _-It ' s somewhat a. different configuration which did in fact, meet the zoning criteria at .that :-Eime. However, through about six months of so of deliberations and meetings and .jiggling back and , forth, the bottom line was that the Planning Board had requested that the building be set back- as -far on 'the site as was physically - possible so that the landscaping could be afforded in the front of the building where. it could be visible from the street as opposed to •hav' ing a lot of landscaped area or unpaved area in the' rear of : the building which really would serve no benefit at all. So we discussed it and the Board was aware of the fact. by pushing the building back, it would necessitate the variance and they felt . that they would be in favor of the variance .given the circumstances as we could then provide landscaping in the front of the building. I 've just been given a copy of the. correspondence' from the Planning Board that substantiates their position in that regard. They also had one other thing which was discussed and I guess it's come up. I noticed it on here. . Is that the fact that they wanted a circula- tion booth around the - building entirely. And I called to their at- tention at that time, by requiring that it 'would put us below the PAGE 2 Thursday, .Ju.ly 1988 Public Hearing Sterlii.� Idea Ventures Southold Zoning Board..of Appeals MR. STRANG (continued) : 25%' landscaped area: And they again, .felt that they would still rather have that circulation and give up that extra 5%. So con- squently we really are 'here with, 'I guess, secondary or another request for relief from -the 25% or 20%. I 'm not sure if that ' s in the zoning . or if that's a requirement of the Planning Board: CHAIRMAN GOEHRINGER: Without Planning, we couldn't deal .with any of that .if we didn't advertise for it. MR. STRANG: Ok. So that is the situation in that case. In any event, as the application reads and as the Planning Board, there is a County. of Suffolk recharge .basin behind the said property. Certainly -the idea of open space and the -idea of setbacks is to maintain open space would. be, .in this case, maintained to the fact that the recharge basin could not be or .would not be built upon. There would still.'be .the required open space, if you will, the feeling of open space-7in that respect. • I think it' s sort of also -important--to note acid keep in mind the fact that you can say that the landscaping in the front of the building is more impor- tant than the .5 feet or 10 foot actually in .the rearyard. If the Board has any questions, I 'd certainly be happy to address them. CHAIRMAN GOEHRINGER:: �I don"..t th�nk so. ' To be perfectly honest with you, it's . kind of easy .to visualize with having the-existing building that' s down there where the Bagel Shop..is, - the Hardware _ Store and so on- and so 'forth. And at the same time,, a new addi- tion -that exists on that which no 'one opposes. . It' s almost done. So what was ,the originally plan? About 35 feet? MR. STRANG: The original plan would .have maintained the 35 feet from 'the rear line - and the original.-plan would have then lost 10 feet of the landscaping -in the front of the building. And part of the Planning Board's criteria .was to try to, in that particular scheme, a parking lot area was almost right up on the roadfront property line -and they.wanted to hav e.some landscaping there which , necessitated putting the parking back. And consequently, every- thing got shoved back a little further. And we intentionally off- set the building as this. configuration shows, so that. we could de- velop some .landscaping and something . interesting in that front area, setback area. CHAIRMAN GOEHRINGER: That's the purpose of the protrusion on the rear of the building? MR. STRANG: Yes. It also, in all fairness to the. . . . I have a personal problem aesthetically, with the strip shopping center ap- pearance of just one straight facade and I felt that aesthetically, we could deal-with the building a little better by having the off- set in the building and playing with the roof .line to make it a Page 3 - Thursday, July 6 , 1988 ' Public Hearing = S.terli, Idea Ventures ' Southold Zoning Board of Appeals MR. STRANG (continued) : somewhat more attractive building and not neces.s.arily_ another strip building along the North Road. CHAIRMAN GOEHRINGER: Thank you. Hearing no further comment from anyone because there's nobody else existing, I 'll make a-rmotion _ closing the hearing reserving decision until later. All in favor - AYE. _ .BY Nadia Moore 1 � &-'.OUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E. KOPPELMAN DIRECTOR OF PLANNING 360-5206 July 28, 1988 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) Anthony & Joan Sturcken 3728 1"Sterling Idea Ventures 3749 Very truly yours, Lee E. Koppelman Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.I., NEW YORK 11788 (51 6)360-51 92 ' Tf Southold, T 6.wn: Bo ard oF ppealsA ``C �� � ®�1ia MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Pursuant to Article XIII of the Suffolk County Charter , the Board of Appeals of the Town of Southold , New York , hereby refers the following to the Suffolk County Planning Commission : XX Variance from the Zoning Code , Article VII , Section 100-71, Bulk Schedule Variance from Determination of Southold Town Building Inspector Special Exception , Article Section Special Permit Appeal No . : 3749 Applicant: Sterling Idea Ventures Location of Affected Land : 4.6025 C.R. 48, Southold, NY County Tax Map Item No . : 1000- 55-2-18. 1 Within 500 feet of : Town or Village Boundary Line Body of Water (Bay , Sound or Estuary ) XX State or County Road , Parkway , Highway , Thruway Boundary of Existing or Proposed County , State or Federally Owned Land Boundary of Existing or Proposed County , State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines , or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport . approval of COMMENTS : Applicant is requesting Xexmx:kxxKxm ka insufficient rearyard setback from northerly property line for---proposed principal building Copies of Town file and related documents enclosed for your review. Dated : July 25, 1988 L � . Southold Town Board of Appeals may. 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. July 22, 1988 ROBERT J. DOUGLASS JOSEPH H. SAWICKI Mr. Garrett A. Strang, R.A., Main Road, Box 1412 Southold, NY 11971 Re: Appl. No. 3749 - Sterling Ideas Ventures Dear Garrett: ' Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered- by the Board of Appeals, the original of which has this date been filed with the Office of the Town Clerk. Please be sure to return to the Town Planning Board and the Building Department for issuance of any permits and other approvals in writing as may be applicable. Please do not hesitate to call either our office (765-1809) or that of the Building Inspector (765-1802) if you have any questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosure By Linda Kowalski Copy of Decision to: Building Department Suffolk County Department of' Planning t Town Hall, 53095 Main Road 'a[{fit r't9 P.O. Box 1179 Southold, New York 11971 JUDITH T. TERRY TELEPHONE TOWN CLERK (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 Dated: June 24, 1988 Transmitted herewith is Zoning Appeal NO. 3749 application of Garrett A. Strang for Sterling Idea Ventures for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form; I0-tter relative to NYS Tidal Wetlands Land Use; Notice.-of` Disapproval from the Building Department; survey of property; and any other attachments relative to this application. • ✓• Judith T. Terry Southold Town Clerk Mailing List Legal Notice of Hearings for 7/14/88 Southold Town Board of Appeals Copies mailed to the following on or about 6/28/88 : Mr . Nicholas C. Lagudis Mr. Merlon Wiggin , President 760 The Strand Peconic Associates , Inc . East Marion , NY 11939 One Bootleg Alley Greenport , NY. 11944 (for 0. Campbell ) Mr. and Mrs . Dino Rossini 755 Soundview Avenue Paul A. Caminiti , Esq . Mattituck , NY 11952 Box 992 - Main Road Southold , NY 11971 (for 0. Campbell ) Mr . and Mrs . 'John R. Schreyer One Wilton Ct . Mr. Joseph Spitaliere Great River , NY 11739 9 Noel Place Smithtown , NY 11787 Mr. George Bornschein 1750 Stevens Avenue Mr . Garrett A. Strang , R . A . North Merrick , NY 11566 Main Road , Box 1412 Southold , NY 11971 Mr. Gordon Ahlers as Agent for Sterling Idea Ventures P . O. Box 6 Jamesport , NY 11947 Mr . Andreas Markakis North Fork Greek Community Assn . Inc . 1950 Luthers Road .Mattituck , NY 11952 Mr . and Mrs . John A. Po'lywoda P . O . Box 234 Southold , NY 11971 Mr. Joseph Henry (as agent for Douglas Whelan ) J & R Home Improvements Box 314 Greenport , NY 11944 Mr . and Mrs . Douglas Whelan 16-232 Deer Lake Road Derwood , Maryland 20855 Mr . Hank Rienecker P . O . Box 755 Cutchogue , NY 11935 Mr . Chester Wilcox Wilcox and Son (Agents for Kelembelidis ) 130 Sixth Street Greenport , NY 11944 TOWN OF SOUTHOLD, NEW YORK t . APPEAL FROM, DECISION OF BUILDING INSPECTOR. APPEAL NO. 7�I� :. DATE_. ,. ....TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1 Garrett A...Stranc�, for Ster� ng Ideas 54655 Main Road Name of Appellant Street'and Number..........•..........•.... Southold New York....,.,,HEREBY APPEAL TO ............. .......... ....Municipality ................ ... .Stiate THE ZONING BOARD OF APPEALS FROM.THE DECISION OF.THE BUILDING INSPECTOR ON .......... DATED ..;,June .20 , 19 8 8- APPLICATION FOR PERMIT NO. ......................... .................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Garrett' A., Strang.r...Architedt..for Sterling Ideas Ventures ..... ..... ...... Name of Applicant for permit Of ;,54655„Main Road...P..O;Box 1412 ,.*,outhold New,York...1,1971„ Street and Number . Municipality State ( ) PERMIT TO USE PERMIT FOR OCCUPANCY ( X) Permit to Construct. -...4602.5 C.R. 48 Southold B=l General Business 1. LOCATION OF THE PROPERTY ......................... .................................................. Street /Hamlet /� Use District on Zoning Map District 1000 Section 55 Block 2 Lot 18 n Owner.................................................................:Iurre t Ow Sterling Ideas Ventures Map No. Lot No. N/A Prior Owner. Kowalski/Berry 2. ' PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, .Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance:) Article VII Section 100-71 . 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( X) A VARIANCE to the Zoning Ordinance or 'Zoning Map ( ) A 'VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Lows Art. 16 Sec..280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (k=k (has not) been made with respect to this decision of.the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made inAppeal No. ........................... Dated ..... .................... .................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (.X ) A Variance to .the Zoning Ordinance is requested for the reason that r Form zHi (Continue on other side) t t `' - REASON FOR APPEAL Continued 1. -STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sory HARDSHIP because It .would require that the Building be located closer to the Road .thereby reducing the amount of landscaped area in front of the ,Bu_ilding. It was the preference of the Planning Board . to have the building situated on the site as shown so as to allow for a maximum of visiable landscapeing. t. 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 This lot had been reduced in size due' to the taking of land by Suffolk County to accommodate a .Recharge Basin. This Recharge Basin is contiguous to the rear property line of this lot. This condition is unique to this Parcel and .the reduced rear yard would only be abutting the recharge basin. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The majority of the lots in this district are larger and those in, the immediate vicinity have already been developed— In addition the spirit of the ordinace with regard to open rear yard space would be maintained by the fact that the Rechar.ge. Basin can not be built upon and .would remain open space. STATE.OF NEW YORK ) "_ ss .............................. .... ................ COUNTY OF Suffolk ) Signature - Swornto this .............. a......................... .day of................ ...................... 19 �8 ............�. "'...... ... I IEIEN K DE VOE .�. ��-Q-. NOTAIN PUBLIC,State W Nerr Yak ••••• No.4707878,Suffolk Countir Notary. Public Term F�piroa March 30,1 i { t BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of Garrett A. Strang, R.A. for NOTICE Sterling Ideas Ventures TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER r- a 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) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- ` cribed as follows: Suffolk Co. Tax Map # 1 000-55-02-1 8. 1 Bounded: North by; Suffolk County East By; VanDuzer Gas i South by; County Rd. 48 West by; Luhrs 3. That the property which is the subject of such Petition is located in the following zoning district: B-1 General Business ° 4. That by such Petition, the undersigned will request the following relief: Reduction of required rear yard from 35 feet to 25 feet 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article VII Section 1 00-71 [ ] 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: June 22 , 1988 Petitioner Garrett A. Strang Owners ' Names :Sterling Idea Ventures Post Office Address P.O.Box 1412 Southold, N.Y. 11971 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS County of Suffolk Veterans Memorial Highway, Hauppauge, N.Y. 11787 C.F. VanDuzer Gas Svc. Middle Road, Southold, New York 11971 Peter & Diane Luhrs P.O.Box 617 , 1113 Soundview Ave. Southold, N.Y. 11971 ,t t r , STATE OF NEW YORK ) ss.: COUNTY OFSUFFOLK) Garrett A. Strang , residing at Main Road, Mattituck being duly sworn, deposes and says that on the 22nd day of June , 19 88 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 Southold ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Garrett A. Strang, Sworn to efore me this day of , 19 - IfEIEN K DE IfOE Notary Public NOTARY PUBLIC,State of few York Y tale.4707878,Suffolk Coountr>g Term Expires March 3% (This side does not have' to be completed on form transmitted to adjoining property owners... ) SNORT ENVIRONMENTAL ASSES"MENT ud 7NSTRUCTIONSt (a) In order to answer the questions in this short EAF is is assumed that the proparer will use currently available information concerning the projnct and the likely impacts of the action. It is not oxpected that additional atudice, recearch or other investigations will be undortakan. (b) If any question has been answored Yes the project mny be significant and a completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is lilcoly that this project is not significant. (d) E.hvironmentnl Annnas+rcnt 1• Will project result in a largo physical change to the project site or physically alter more than 10 acres of land? • • • • • • • • • • • • Ye ' X NO 2• Will there be a major chnnge to any unique or unusual land form found on the site? . . . . . Yon X ?to 3• Will project alter or have a largo offnct on an existing body of water? • 4_ Yen X No V) 4. Will project have a potentially largo impacb on groundwater quality? • • • • • • • • • • • Yo:J X 'Ito 'LJ 5. Will project significantly, effect drainage flcrvi ;� N ^ on adjacent sites? . Yns X Ito of .L _J ! 6• Will project affect any thrcatunod or endangcrod (A 'plant or ani.mizl species'? . . . Yc:-, X 110 -� - r n 7. Will pro ect result in it major aQvc(r:io offc:ct on ,5 9 air quality? Ycs. X Ito cc o 9• Will project havo 'a c,.a,jor effect cn visual char.- actor of the community or scenic views or vistac Nknown to be important to the community? `i Yen X No 9. Will project adversely impact any site or struct,- ura of historic' pro-Historic, or paleontological importance or any site designated az; a critical onvironmontal aroa by a local agency? • Yos .X Ito 10. Will project have a major affect on existing or future recreational opportunitiosY • . Yes X No 11• Will project.result' in major traffic problems or cause a major effect to existing transportation systems? • • • • • • . • • • • • fos X No = 12. Will project regularly cause objectionable odor::, noise, glare, vibration, or electrical disturb- : ance as a result of the project's operation? Yes X Ito 13• Will project have any impact on public health or U safety'.' . Ye'; X , No J lL& Will project nffoct tho existing; community by directly causing a Erowth in permanent pupula- tion of more than 5 percent over a cne•-your period or have a major negative effect en Lhe ctiaractcr of the corununity or nei+;hborhood? . Ycs X No 15• Is there public ntrovorny c ce+'+(in,; the pro jer,t? Yes X, No PREMRER'S SICNATIME TITLL': Architect RMESENTINC: Sterling Idea Ventures DAM June 22 , 19Q3 r• -QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATION FORMS TO THE BOARD OF APPEALS Please complete , sign and return to the Office of the Board of Appeals with your ,completed application forms . If "Yes" is answered to any questions below , please be sure to depict these areas on your survey (or certified sketch ) , to scale , and submit other supporting documenta- tion. 1 . Are there any proposals to change or alter land contours ? Yes x Nc 2 . a ) Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Yes x Nc *b) Town there any areas open for of waterway without bulkhead? Yes x Nc 3. . Are there existing structures at or below ground level , Yes x Nc such as patios , foundations , etc? 4. Are there any existing or proposed fences , concrete barriers , decks , etc? Yes x Nc 5.. If project is proposed for an accessory building or structure , is total height - at more than 18 feet above Yes Nc average ground. level ? State total : _ ft . 6. If project is . proposed for principal building or structure , is total height at more than 35 feet above Yes x Nc average ground level ? State total : ft . 7 . Are there other premises under your ownership abutting Yes x Nc this parcel ? If .yes , please submit copy of deed. 8. Are there any building permits pending on this parcel (or abutting land under your ownership , - if any ) ? Yes x Nc 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. ) : Plann.i ng Board x Yes N: Town Board Yes x N: Town Trustees -Yes x N: County Health Department _ Yes x NF Village of Greenport Yes x N . Y . S . D . E . C. Yes x N Other Yes x N 10. Is premises pending a sale or conveyance? If yes , please submit copy of names or purchasers " and conditions of sale : (from contract ) . Yes x N 11 . Is new construction proposed in the area of contours at 5 feet or less as exists? xYes N 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 inspecition for possible waiver or permit under Yes N. the requirements of Ch . 97 of the Town Code ? 13. Please list present use or operations conducted upon the subject property at this time Vacant Land and proposed Retail/office Complex *Please submit photographs for the record . I 'certify that the above statements are true and are being submitted for reliance by the B and of Appeals i considering my - application . Signature , uthorized Agent 3/87 1 k § 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 Z.L. No. 2-1976; 3-26- 85 by L.L.No.6-1985]: ��- 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 water4 to a maximum depth of five (5) feet, includinK .but -not limited to banks, . bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black ( grass, saltworts; sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass; and/or _ (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying_within seven- ty-five (75) feet landward of the most landward edge of such n tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, '1'i- 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 it, Subsection 13(1)and lying with- in seventy-five(75) feet landward of the most land- . ward edge of a"freshwater wetland." 9705 2•25•85 ' Standard N.Y.B.T.U.Purw 800 81.30\I--llargain and Sale Deed,with Covenant agah antor's Acts—Individual or Corporation. (single sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. 10286 Pc 2� �sc� THIS INDENTURE,made the day of March , nineteen hundred and eighty—seven BETWEEN a r JOHN P. KOWALSKI, JR. , residing at (No# ) Ole Jule Lane, Mattituck, New York 11952 and CHESTER BERRY, JR. , residing at (No# ) Main Road, Southold, New Yorkx'11971, as tenants in common, party of the first part, and STERLING IDEAS VENTURES, a New York Partnership having its principal offices at /D 2 o O, Main Road, Mattituck, New York 1-1952 J party of the second part, y 1 WITNESSETH,that the party of the first part, in consideration of Ten Dollars and other valuable consideration ( paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the at Southold, in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point on the northerly side of Middle Road \ (County Road . 48 ) distant easterly as measured along the northerly side of Middle Road 419. 83 feet from Railroad Avenue and which point of beginning is intended to be the point of intersection of the easterly side of land now or formerly of the County of (�, \ Suffolk with the northerly side of Middle Road; THENCE along said last mentioned land, North 10 degrees 51 minutes 50 seconds West 150 feet to a point and North 67 degrees 06 minutes 40 seconds East 186. 63 feet to a point and land now or formerly of Van Duzer; THENCE along said last mentioned land, South 10 degrees 28 . minutes 50 seconds East 150 . 22 feet to a point on the northerly side of Middle Road ; . THENCE along the northerly side of Middle Road, South 67 degrees O( minutes 40 seconds West 185.61 feet to the point or place .of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the grantors herein by Deed dated 8/7/84 and recorded in the Suffolk County Clerk' s Office on 8/10/84 in Liber 9619 page. 74. TAX MAP DESIGNATION Sb00 TOGI?T1INR with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the alx)ve described premises to the center lines thereof; TOGETHER with the appurtenances S and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO b55. 00 HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of R .z. 00 the party of the second part forever. � Ldtk . 001 AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to he applied first for the purpose of paying the cost of the improvement and will apply the same first to the In,yment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written, p IN PRESENCE OF: 36084 r JOHN J. KOWALSKI, CHES ER BERRY, JAV tC r;): 1 NTV