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1 _ Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Appl. No. 3782: Matter of JOSEPH A. STOCKEN/M & N AUTO, INC. for a Variance to the Zoning Ordinance, Article VIII, Section 100-80 for permission to convert existing building to retail (grocery) store, which is not listed as a permitted use in this "C-Light Industrial" Zone District, in addition to the existing sales use (of gasoline and diesel) and proposed new building for automobile servicing. Location of Property: South Side of Front Street (Route 25) , Greenport, NY; County Tax Map District 1000, Section 45, Block 6, Lot 5. At a Meeting of the Zoning Board of Appeals held on November 16, 1988, the following action was taken: WHEREAS, a public hearing was held on October 26, 1988 under File No. 3782, filed September 26, 1988; 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. By this application, applicants request a Variance under Article VIII, Section 100-80 for permission to convert existing automobile service station/public garage building to retail (grocery) store, which is not listed as a permitted use in this industrial zone district. Page 2 - Appeal No. 3782 Matter of JOSEPH A. STOCKEN/M & N AUTO, INC. Decision Rendered November 16, 1988 The use of this existing building is proposed to be changed to a grocery market with office and storage, in conjunction with retail gasoline sales, as more particularly shown on the August 4, 1988 Site Plan Map prepared by Garrett A. Strang, R.A. 2. The property in question is: (a) located in the "C-Light Industrial" Zone District; (b) contains a total lot area of 1.38+- acres {58;279 square feet) ; (c) improved with a 51' by 80 ' one-story cement-block building and two gasoline pump islands, all as more particularly depicted on the August 4, 1988 Site Plan Map; (d) identified on the Suffolk County Tax Maps as District 1000, Section 45, Block 6, Lot 5; (e) in the ownership of M & N Auto, Inc. , conveyed by Claudio and Carol Giovannelli in Deed dated October 29, 1984 at Liber 9673 cp 46. 3 . For the record it is noted that by letters dated October 17 , 1988 and September 19, 1988, the Planning Board has coordinated its comments under the pending site-plan review. 4. Also noted for the record are the previous actions under No. 257 rendered March 14, 1960, No. 357 rendered May 17, 1961, No. 624 rendered January -23, 1964, and No. 3783 rendered simultaneously herewith, by the Board of Appeals concerning this property and its uses. 5. The current zoning code permits such retail stores in the "B-Light Business" and 11B-1 General Business Zone Districts, subject to site-plan approval by the Planning Board. With the exception of agricultural operations and construction owned or operated by the Town of Southold, all uses in this Zone District are (also) by Special Exception (see subsection 17, and simultaneous action of this Board under Appl. No. 3783 for Special Exception uses. 6. In considering this application, the Board has: (a) considered items {a) through {1} of the zoning code; (b) determined the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent-use districts; (c) determined the safety, health, welfare, comfort, convenience, and order of the town will not be adversely affected by the proposed use and its location; (d) Page 3 - Appl. No. .17 Matter of JOSEPH ASTOCKEN/M & N AUTO, INC. Decision Rendered November 16, 1988 determined that the use is in harmony with and will promote the general .purposes and intent of zoning since this is a use permitted by legislative action and will meet the requirements of same under the zoning code, subject to site-plan action by the Planning Board. 7. It is also the understanding of this Board that this project will be in compliance with Section 100-62 of the Zoning Code as to minimum lot area for uses commonly referred to as "shopping centers," for multiple uses Accordingly, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the relief as applied and referenced above, in the Matter of the Application of JOSEPH A. STOCKEN/M & N AUTO, INC. under File No. 3782, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Compliance with conditions rendered under simultaneous application. No. 3783 in the Matter of Joseph A. Stocken and M & N Auto, Inc. 2. In the event it is found that the subject premises are being used in a manner other than that permitted by this approval, or by the zoning ordinance, or are in violation of these conditions or the zoning ordinance, the Board of Appeals may automatically terminate the relief granted hereunder; 3. Parking areas, plantings, screening, curb cuts, shall be as designated by the Planning Board under its site-plan regulations (Article XIII) . Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Sawicki and Dinizio. (Absent was: Member Grigonis {out-of-state} ) . This resolution was duly adopted. RECEIVED AND FILED BY THE SOUTHOLD TOW14 CLERK GERARD P. GOEHRINGER, OHAIRMAN DATikrLAY 4sr- HOUR q:z s P.M Town Clerk, Town of Southold WSJ t Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. NOTICE OF HEARINGS oo4v64M JOSEPH H. SAWICKI James Dinizio, Jr. 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 WEDNESDAY, OCTOBER 26 , 1988 at the following times: 7:30 p.m. Appl. No. 3773 - GRETCHEN K. HEIGL. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to connect deck to porch, leaving an insufficient setback from the south(westerly) property line. Location of Property: Private Right-of-Way extending off the North Side of Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 68, Block 1, northerly part of Lot 14 (now 14.1) . 7:40 p.m. Appl. No. 378.4 - JAMES YOUNG. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with insufficient front yard 'Z.B.A. Legal Notice -2- October 21 1988 Hearings setbacks from the westerly and southerly property lines. Location of Property: NE/s Minnehaha Boulevard at "Laughing Waters," Southold, NY; County Tax Map District" 1000, Section 87, Block 3 , Lot 8. 7:45 p.m. Appl. No. 3772 - JOHN G. PHILIPPIDES. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct-, deck addition at rear of existing dwelling with an insufficient setback from existing bulkhead. Location of Property: South Side of Old Cove Road, Southold, NY; County Tax Map District 1000, Section 52, Block 2, Lot 10.1. 7:50 p.m. Appl. No. 3785SE - RAYMOND NINE and CHARLES ZAHRA. Special Exception to the Zoning Ordinance, Article III, Section 100-30B{16} for permission to establish "Bed abd Breakfast Use," "an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of .not more than three rooms. Location of Property: North Side of New Suffolk Avenue, Mattituck, NY; County Tax Map District 1000, Section 114, Block 11, Lot 20. 7:55 p.m. Appl. No. 3777 - CARL J. AND RUTH V. NELSON. Variances to the Zoning Ordinance, Article III, Sections 100-31 and 100-32, and Article XI, Section 100-119.1 for permission to construct tennis court with 10-ft. ' high fencing in the frontyard area and total lot coverage in excess of the maximum-permitted 20 ' Z.B.A. Legal Notice -3- October 1988 Hearings percent. Location of Property: 1060 Moore's Lane, Greenport, NY; Eastern Shores Subdivision, Section 3 , Lot 99; County Tax Map District 1000, Section 33, Block 2, Lot 43 . 8:05 p.m. Appl. No. 3786 - MARION SACCONE. Variance to the Zoning Ordinance, Article III, Section 100-30, for permission to replace nonconforming trailer with new single-family dwelling, in addition to the established dwelling structures and uses. Location of Property: 66075 C.R. 48, Greenport, NY; County Tax Map District 1000, Section 40, Block 2, Lot 7. 8:10 p.m. Appl. No. 3762 . - ROBERT G. AND DIANNA BAKER. Bed and Breakfast proposal, 2900 Boisseau Avenue, Southold; 1000-55-6-9. (Recessed from October 6, 1988) . 8:15 p.m. JOSEPH A. STOCKEN/M & N AUTO, INC. Location of Property: South Side of Front Street (Route 25) , Greenport, NY; County Tax Map District 1000, Section 45, Block 6, Lot 5: Appl. No. 3783SE - Special Exception to the Zoning Ordinance, Article VIII, Section 100-80 for expansion of the present property by the addition of a new building to be utilized for the existing automobile service station and public garage, in addition to the continued sales of gasoline and proposed retail (grocery) store uses, all as shown on the August 4, 1988 Site Plan. ' Z.B.A. Legal Notice -4- October 2 � 1988 Hearings Appl. No. 3782 - Variance to the Zoning Ordinance, Article VIII, Section 100-80 for permission to convert existing building to retail (grocery) store, which is not listed as a permitted use in this "C-Light Industrial" Zone District, in addition to the existing sales use (of gasoline and diesel) and proposed new building for automobile servicing. 8:30 p.m. Appl. No. 3708 - DAVID WALKER/TURTLE ASSOCIATES. Variances to the Zoning Ordinance, Article III, Section 100-31, for approval of parcel as exists with insufficient lot area and width and more particularly described in Deed at Liber 8721 page 433 dated October 25, 1979, having been set-off without Planning Board approval. Location of Property: 1300 Marratooka Lane, Mattituck, NY; County Tax Map District 1000, Section 115, Block 3 , Lot 18. 3 (previously part of 18.2) . 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 `' Z.B.A. Legal Notice -5- October 1988 Hearings 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: October 6, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski -----------------------------------------------------------------x Notice to Newspapers: Please publish the above Legal Notice once, to wit, Thursday, October 20 , 1988 and forward one Affidavit of Publication to: Board of Appeals, Main Road, Southold, NY 11971. Thank you. -----------------------------------------------------------------x FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL 1-A �Date . . �-Q^.^aA44.. . .�. . , 19 .8.8 . PLEASE TAKE NOTICE that your application dated . . .9- -:- for permit to .�!C�c .f� 41�y-.9-�►./. .,C�'. Z-1. kP. . . . . . . . . . . . at Location of Property �y`�`a� . . ; .0 , . . . . . . . . . � House No. Street U Hamlet County Tax Map No. 1000 Section . . . . .Q .4 S: . . Block . . .Q tQ. . . . . . . Lot . . 0.4 . . . . .. Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �. . . . . . . . . . . . Buil ding. Inspector � � � � � � � RV 1/80 RECEN -0 1?.,3 6 04( TOWN OF SOUTH OLD, NEW YORK S E P 2 6.1988 juvmP&f& _e aA DECISION OF BUILDING INSPECTOR APPEAL NO. '7 DATE ............................... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) .........JOSEPH„STOCKEN .......................of 183 Smithtown.Blvd. .. ................................ . ... .................. ........... ..... Name of Appellant Street and 'Number Nesconset............... ......... ...................................... 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 ... ............. WHEREBY THE BUILDING INSPECTOR DENIED TO J. Kevin McLaughlin a/c Joseph Stocken ................................................................................. Name of Applicant for permit of 828 Front Street Greenport ,,, ,, .....New..York.................................. .... .... ... . Street and Number Municipality State (X ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY. 1. LOCATION OF THE PROPERTY ......7.42.00 Main„R...... GreenPort , ,,,,, , , ,,,, , C............... Street /Hamlet / Use District on Zoning Mop District 1000 Section 45 Block 06Lot 05 Contract Vendee ............................. xq MW Joseph Stocken Map No. Lot No. urrent )R&kftrX Owner M & N Auto, Inc. 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 V111 Section 100-80 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 (has) (dot) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( X) request for a special permit ( ) request for a variance and was made in Appeal No. 257„&„357..............Dated 17, 1961 .... ................. REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X) A Variance to the Zoning Ordinance is requested for the reason that a grocery store is not a permitted use in a C (light industrial) zone Form zsi (Continue on other side) REASON FOR APPEAL Continued - ^l3 P . 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties-:o'r Rurineces; sary HARDSHIP because the present use of the property as a gas station and automobile repair shop does not yield a reasonable return. 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 the subject property is presently improved by a 4,925 sq. ft. building which is utilized as. an automobile. repair shop and office for gasoline sales pursuant to previously granted special exceptions, Said building is much larger than necessary for such operations. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF,THE DISTRICT because the properties in the neighborhood are generally industrial and commercial in nature. The addition of a grocery store use on the premises would not have a negative impact. STATE OF NEW YORK ) t ss i b . ................ ....... ..... ......... .Ak............. ...... . COUNTY OF SUFFOLK ) ignat re Sworn to this ........21st.............................. day of..........September............................ 19 88 .......... . ... Notary Puf lic LAURIE E.GRAM Notary Public,State of New York No.4821818,Suffolk County Term Expires September 30, 1988 TOWN OF SOUTHOLD I,20PERTY RECORD CARD OWNER STREET VILLAGE DISTRICT SUB. LOT p� /� `J FORMER OWNER N J E lV W ACREAGE / 3 l . f r 1 ° $ W r TYPE OF BUILDING ^� RES. SEAS. VL. FARM comm. )13Z I IND. CB. MISC. LAND IMP. TOTAL DATE REMARKS ., OR l .i'�i.'r' f !v G zz AGE) BUILDING CONDITION I g�8o S41 4/JSdoo. C I/. AgLLA+►I v �h- L /7S o rj/OVAhIN�LL/ /d NEW) NORMAL BELOW ABOVE a�e/6. ti�C, ga���v a�i1r-T� g,�,_,_�A, l_—�'33Q �—19 (� Farm Acre Value Per Acre Value Tillable 1 Tillable 2 Tillable, 3 Woodland Swampland Brushland House Plot Tota .., NONRON E ■■eee■■■■ w frpY INe■■■■e■■e ■e■e��e■�i V "EW _ eeselis■�l q `a`; i. �,■■eeeeeee ee■■„e�\\►\� it" eN Ply 3 .'s;rgH _ = F f?iim-. a■e'1■■��1 rr' V- - s= - -_" �e■eeeee■■■®r 11111011111311 ■■e■11■ell --- _ i�■■■e■■eee ee■ei�eMIN ��■e■■eee■e ■e■e�!�■e�� ■■■■■■Lir■�!�!■■■■seer -Pow■ ,% Extension .. • • ` Full L-�o R Southold Town Board f Appeals o 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 December 12, 1988 JAMES DINIZIO, JR. J. Kevin McLaughlin, Esq. 828 Front Street, Box 803 Greenport, NY 11944 Re: Appl. No. 3782 - Stocken/M & N Auto (Variance) Dear Kevin: Transmitted herewith for your file and perusal is a copy of the determination rendered by the Board of Appeals recently concerning the above application. Please be sure to return to the Building Department and Planning Board for issuance of additional documents which may be necessary. A copy of this decision has also been furnished to both their offices to update their files. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Office of the Planning Board Office of the Building Inspectors Suffolk County Department of Planning oc�UcF��i� Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I„ N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI April 3, 1989 JAMES DINIZIO, JR. J. Kevin McLaughlin, Esq. 828 Front Street P.O. Box 803 Greenport, NY 11944 Re: Appl. No. 3783 - Stocken/M & N Auto (Special Exception) Dear Kevin: This letter will confirm for the record that Condition No. 4 of this Board' s decision rendered November 16, 1988 under Appl. No. 3783 -in the above matter is hereby clarified to leave the parking areas at the sole discretion of the Planning Board under its jurisdiction in the site-plan review process. It is not the intent of the Board of Appeals to substitute its judgment over the Planning Board' s discretion in this project. The wording of Condition No. 4 is clear in the first line stipulating that " . . .the parking areas shall be as designated by the Planning Board. . . ." This condition was intended only in the event the Planning Board had waived jurisdiction and the applicant proceeded with the plan submitted under the Special Exception. The Board of Appeals, by unanimous vote at its Regular Meeting held March 16, 1989, waived its jurisdiction under the parking regulations if the Planning Board wishes to alter the same. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk cc: James A. Schondebare, Town Attorney Planning Board Office and Members Southold Town Board of Appeals -12- February 9, 1989 Special Meeting (Perillo 280-a Update, continued: ) On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that the improvements as inspected by Chairman Goehringer and Member Dinizio, to the existing right-of-way extending from Westphalia Road to the premises of the applicant, Thomas Perillo (1000-114-1-7) , BE AND HEREBY ARE APPROVED AND ACCEPTED TO BE IN COMPLIANCE with this Board' s decision, Conditions No. 2(a) through (d) under Appeal No. 3317 rendered February 14, 1985. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Absent were: Member Serge J. Doyen due to serious family illness and Member Joseph H. Sawicki {out-of-state) . ) This resolution was duly .adopted. REQUEST FOR P.B. INPUT: Appl. No. 3819 - RUTHANN BARTRA. The Board was updated -and input was expected to be received from the Planning Board concerning the general lot-line configuration. under the set-off subdivision regulations within the next 45-50 days. The Board agreed to tentatively place this matter on the next available hearings calendar (to wit: April 13, 1989) . UPDATE: Appl. No. 3783SE and 3782V Matters of JOSEPH STOCKEN/M & N AUTO. A letter was received (1/17/89) from Joseph Stocken concerning a restriction by the Board of Appeals as to no parking within 10 feet of the property line along the west ` side of the property. The Secretary was asked to check with the applicant's attorney, J. Kevin McLaughlin, Esq. as to his recent communications with the Planning Board to ascertain the problem and if possible what the Planning Board' s preference was for a parking arrangement. It was unclear as to why the Planning Board wouldn't have jurisdiction when Condition No. 4 of the Z.B.A. decision reads: " . . .The parking areas shall be as designated by the Planning Board. . . ." Respectfully submitted,: . Linda F. Kowalski, Secretary Southold Town Board of Appeals Approved - 1989 e,�. /71 January 13, 1989 Southold Town Board of Appeals Main Road- State Road 25 Southold, L. I . , New York 11971 c/o Mr . Gerald P. Goehringer Re : Appeal No . 3783 - Stocken/ M & N Auto (Special Exception) Dear Mr . Goehringer, I am writing in reference to the action taken by the Board which requires parking areas shall be located not less than ten (10) feet from any parking line . This restriction would curtail the parking I would require, to such an extent , that I would not be able to purchase the building . It would necessitate parking on only one side, which would be inadequate . All other buildings in the area are free of this restriction . Please give this your careful attention as to resolve this problem, Very trul yours, Joseph Stocken 183 Smithtown Boulevard Nesconset , New York 11767 COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E. KOPPELMAN 360-5206 DIRECTOR OF PLANNING December 14, 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) J n G. Philippides 3772 oseph A. Stocken/M & N Auto Inc. 3782 Joseph A. Stocken/M & N Auto Inc. 3783 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 Southold Town Board of A ppeals 05 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. 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 VIIi Section100-80 Variance from Determination of Southdld Town Building Inspector Special Exception , Article Section Special Permit Appeal No . : 3782 - Applicant : Joseph A. Stocken/M & N Auto Location of Affected Land : Front St. (Route 25) , Greenport, NY County Tax Map Item No . : 1000- 45-6-5 Within 500 feet of : Town or Village Boundary Line Body of Water (Bay , Sound 'br Estuary ) XX State or County Road , Parkway , Highway , Thruway Boundary of Existing or Proposed County , State or Federally Owned Land Boundary of Existing or Proposed County , State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines , or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport . COMMENTS: Applicant is requesting permission to convert existing building to retail (grocery) store) in addition to the existing sales use (of gasoline an iese and proposed new building or automo i e service Copies Of Town file and related documents enclosed for your review. Dated : December 13, 1988 TRANSCRIPT OF JOINT PUBLIC HEARINGS SOUTHOLD TOWN BOARD OF APPEALS OCTOBER 26, 1988 REGULAR MEETING Appl. Nos. 3783SE and 3782V JOSEPH A. STOCKEN/M & N AUTO, INC. Location of P South Side of Front Street (Route 25) , Greenport, NY; County.Tax Map District 1000, Section 45, Block 6, Lot 5: Appl. No. 3783SE - Special Exception to the Zoning Ordinance, Article VIII, Section 100-80 for expansion of the present property by the addition of a new building to be utilized for the existing automobile service station and public garage, in addition to the continued sales of gasoline and proposed retail (grocery) store uses, all as shown on the August 4, 1988 Site Plan. Appl. No. 3782V - Variance to the Zoning Ordinance, Article VIII, Section 100-80 for permission to convert existing building to retail (grocery) store, which is not listed as a permitted use in this "C-Light Industrial" Zone District, in addition to the existing sales use (of gasoline and proposed retail (grocery) store uses, all as shown on the August 4, 1988 Site Plan. Present were: Chairman Gerard P. Goehringer; Charles Grigonis, Jr. ; and James Dinizio, Jr. , constituting a quorum of the five-member Board. (Absent were: Serge Doyen due to serious family illness, and Joseph H. Sawicki. ) Also present were: Linda Kowalski, Board Secretary, and approximately 40 persons in the audience at the beginning of the meeting. The Joint Hearing commenced at 8:56 p.m. and the Chairman read the Legal Notices of Hearings for the record. CHAIRMAN: I'll open both hearings at the same time because one really does relate to the other. I have a copy of an architect' s rendering of the site plan indicating the existing building, which of course is a public garage, and the nature of that particular use and the dispensing of gasoline. And the proposed -- basically, what it is, is the moving of that existing garage to the rear of the property and utilizing the quite large building in the front for the purposes of selling retail groceries. And the date on that is, as mentioned in the Page 2 - Transcript of Hearing Southold Town Board of Appeals Regular Meeting of October 26, 1988 (STOCKEN hearings, continued: ) legal notice 8/4/88 in behalf of Garrett A. Strang, Architect. Who is representing the applicant, Mr. McLaughlin? J. REVIN McLAHGHLIN, ESQ. : Yes. I am here representing Joseph Stocken, who is the contract vendee on the subject property. As the legal notice states, the property is presently improved by an automobile repair shop, and along with a gasoline sale - the pumps, and there' s a small office on the westerly side of the building that' s currently under a lease. This is an approximately 4900 sq. ft. building place on about a 1-1/2 -acre parcel. Our proposal is to build an approximately 1500 sq. ft. building in the rear of the property to house the existing automobile repair shop for R & R Auto and to convert the existing repair shop into a convenience store and to continue the lease for the small office in the westerly side of the building for the gasoline sales, along with the lease of these pump areas. We have before you tonight both a Special Exception to allow us to - the prior nonconforming automobile repair shop to be relocated into that 1500 sq. ft. building that would be located in. the rear portion of the property. And we also have a variance to allow us to convert the existing 'building into the retail grocery store. That building would, at least on the - exterior, remain virtually the same as it is. No expansion in size. The existing automobile repair shop is basically larger than necessary for the people that are running the operation. They were forced .a few years ago to move out of the space that they had and really were kind of forced into taking the property that was there and utilizing it. It has become apparent to them over the course of the last few years that the building and its accompanying costs are too great for the operation that they have and finally it' s not feasible for them to continue. This automobile repair shop, would under the terms of the proposed, the contingent contract, lease that 1500 sq. ft. building in the rear of the premises. The lease, as I said with the oil company, would continue with the gasoline pumps and the office. However, if you look at those two rentals, the income from those two rentals would not even cover the depth service that Mr. Stocken would undertake to pay under an existing mortgage. In fact, there would be a short fall on an annual. basis, some where between 14,000 and 15,000 dollars. It' s not feasible to have those two rentals coming in and nothing else would be done Page 3 - Transcript of Hearing Southold Town Board of Appeals Regular Meeting of October 26, 1988 (Appl. Nos. 3783SE and 3782V - STOCKEN/M & N AUTO hearings, continued: ) MR. McLAUGHLIN, continued: on the property. Financially, it just doesn't work. That's not even taking into consideration the cost of constructing the new 1500 sq. ft. building and a cost of alterations to the existing building to make it suitable for a use other than as an automobile repair shop. So it becomes obvious that in order for this property to realize a reasonable return on the investment, that there has to be some sort of use for the existing automobile repair shop building. And the problem that we have, we' re in a C-1 Zone and there are really only a couple of permitted uses in the C-1 Zone, two-family residences and one other that escapes me right now. And then there' s a list of Special Exception uses that come before this Board and get a Special Exception, you can do it. Unfortunately, this list doesn' t encompass a grocery store and the uses that it does - encompass are either marine related and this property doesn't front on the water, so they' re really out of the question, or there are other uses that frankly there' s just no available - buyers that are interested in utilizing for that purpose, nor does the building itself render itself useful for that type of business. The nature of the existing building is such that Mr. Stocken, who is very knowledgeable and in the grocery business, and has been involved in it successfully for many years, in different locations, it could be converted to that use relatively easily. As a result, the current owners are in a situation where they're not making a reasonable return on their investment. In fact, they are here this evening, and I think they' ll tell you-- they've been losing money at the site for some period of time, and they're in a relatively desparate situation where they have to do something. Just making their mortgage payments, especially during the winter months - are becoming more and more tenuous. They've had the property on the market for a considerable period of time and no one is coming forward to purchase it for any of the uses in the C-1 Zone. Therefore, it doesn't appear as if there could be a reasonable return on any of the uses that are allowed either as a permitted use or as a Special Exception use under the C-1 Zone for this building. As a result, both the present owners and my client, the contract vendee, are in a position where unless this variance is granted, there' s never going to be a reasonable return made on this property. Page 4 - Transcript of Hearing Southold Town Board of Appeals Regular Meeting of October 26, 1988 (Appl. Nos. 3783SE and 3782V - . STOCKEN hearings, continued: ) MR. MCLAUGHLIN: I think the situation here is unique, not generally conditioned in the neighborhood--the building in itself is unique. The location of the building is somewhat unique. We' re within a very few feet of a business zone. where a grocery store type use would be a permitted use. All of the uses in the area essentially are not of an industrial nature, per se. Celic Realtors is a couple of doors away. We've got Fleet Lumberyard. We've got the 7-11 a few doors down the street, which is a similar type use. We've got the Sunrise Bus Lines. But most of the area is of a business nature and certainly not of an industrial nature. And that makes our situation kind of unique. If I could just address for a second the Planning Board' s---; I know they provided you with a letter as to their position in this matter. It would appear that the main basis for their not being totally in favor of our application as a concern over the mixed uses that we propose for this - property. However, I think there are some examples of very similar mixed uses of area gas station convenient-type stores. The Mobil Station on the North Road and there' s one in. Mattituck that have very similar mixed uses which I would assume have gone through the Planning Board and obtained their approval. I think Mr. Stocken would like to make a short presentation to the Board this evening, and the present owners from M & M Auto would like to make a short presentation and then all of us, and also Mr. Strang is here, who is the architect on the project, and would be available for any questions that the Board might have. Thank you. MR. JOSEPH STOCKEN: A very brief description of myself, my company, and what I plan to do. My name is Joe Stocken. I've been in my own business for 12 years and presently have seven stores. I would like to point out. I don' t cater to the teenage market, and I'm not open 24 hours a day. I cater to the adult community. I carry a full line of groceries, produce, dairy, frozen food, and the only thing that I don' t carry is fresh meat. And my place is very competitive. CHAIRMAN: While you are there, Mr. Stocken. What will happen with the gas pumps? Will you continue to operate those within the grocery store? MR. STOCKEN: I hope to. Page 5 - Transcript of Hearing Southold Town Board of Appeals Regular Meeting of October 26, 1988 (Appl. Nos. 3783SE and 3782 - STOCKEN/M & N hearings, continued: ) CHAIRMAN: And what will happen with the -- I noticed there was no parking plan for the front part of the building except for the easterly side. Will there be a parking plan there provided that, if you do continue or if you don't continue with the gas pumps, what will happen with the front lot, sort of speak? What are you intending to do there? MR. STOCKEN: Well, it has to -- you have to have access for the pumps. CHAIRMAN: What about the west side of the front lot, where it's-- I see no parking spaces etched out on the site plan. MR. STOCKEN: Well, the way it' s set up there' s ingress on the east side and it' s an exit. CHAIRMAN: So that would be just an alternate site for additional parking if it were required on that side? - MR. STOCKEN: Right. CHAIRMAN: Thank you, sir. NORMAN REICH: I'd like to say, my name is Norman Reich. I moved out here about twelve years ago now trying to establish myself in my business and providing an income for my family. But what I 've run into is -- during the summer months, everybody knows that you can make a living and then in the winter, you fall behind. And every year it gets to be the same thing. And it' s been twelve years now, and I still haven't got to the point where I can relax in the winter. And without this mixed use, I can't see me being able to stay out in the area much longer. That' s really about it. CHAIRMAN: Thank you, sir. Can I ask Mr. Strang a couple of questions? How are you tonight, sir? GARRETT STRANG, R.A. : Quite fine, thank you. CHAIRMAN: The parking plan in the rear of the proposed grocery store. MR. STRANG: Yes. Page 6 - Transcript of Hearing Southold Town Board of Appeals Regular Meeting of October 26, 1988 (Appl. No. 3783SE and 3782V - STOCKEN hearings, continued: ) CHAIRMAN: Is that primarily for-- I noticed there's one planting and one area which divides the two areas in particular. Is that an additional parking area for the grocery store or is that mainly for the auto repair business? MR. STRANG: To answer your question, the parking that is shown diagonally, what I would deem to be the northerly half of that, is pretty much going to be used as overflow parking as necessary for the grocery store. The southerly half of it, along with the other four spaces, will be allocated for parking for the service station for an automobile repair section. So we could meet the zoning criteria with respect to how many parking stalls are required for each of the uses. CHAIRMAN: The most recent application that we have -- and I hate to keep going back on this -- was one in- Mattituck, down just before the bridge about three or four places before it - Tyler's Garage. We had asked at that particular time that any dismantled vehicles, or any vehicles that were not operating or if any vehicles that were in the area of larger than a car or a pick-up truck be housed in the rear of the building. Is that a possibility, if we were so inclined to grant. this application, that parking could be provided in the rear of this building? MR. STRANG: I don't see that that is a problem. Again there was an intention to maybe address that issue if it became necessary, if you'll note we have the building off set 48 feet from the rear line, so we do have some room allocated back there. CHAIRMAN: Ok. Mr. McLaughlin, anything else? (None) Thank you. Is there anybody else that would like to speak in favor of this application? (None) Anyone to speak against the application? (None) Questions from Board Members? (None) Hearing no further questions, I'll make a motion closing (concluding) the hearing, reserving decision until later. Thank you very much gentlemen. MEMBER GRIGONIS: Seconded. AYES: All. Respectfully S14brnitted, inda F. Yow lski, Secretary Southold Town Board of Appeals C=, ;T Town Hall, 53095 Main Road �/ • yr P.O. Box 1179 Southold, New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Zoning Board. bf Appeals From: Planning Board RE: Joseph Stocken SCTM #1000-45-6-5 Date: October; 17, 1988 The Planning Board is not in favor of the above mentioned site plan. The plan would need major changes before it would be deemed acceptable by the Planning Board, should the ZBA see fit to grant a Special Exception. Please see attached letter, dated September 190, 1988, previously sent to both the ZBA and the applicant by the Planning Board. it MEMORANDUM To: Zoning Board of Appeals James Schondebare, Town Attorney From: Valerie Scopaz, Town Planner Re: Joseph Stocken SCTM #1000-45-6-5 Date: October 17, 1988 The p oposal before your board involves a mix of uses, one of which s not allowed in this zone. From the evidence presented to the Planning Board and my conversation with Mrs. DeRosa, the applicants daughter, it appears that the applicant wishes to make the grocery store the primary use. If that is the case; the applicant would be, perhaps, better advised to apply for a change of zone. jt a Town Hall, 53095 Ma in Road ,,,� ����� .•�m'%3� P.O. Box 1179y� Southold, New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 19, 1988 Garrett Strang P.O. Box 1412 Southold, NY 11971 RE: Proposed site plan for Joseph A. Stocken, Clreenport SCTM #1000-45-6-5 Dear Mr. Strang: The proposed site plan for Stocken was reviewed by the Planning Board at a work session. The existing use appears to be a legal non-conforming use. In order to expand the use as proposed, a Special Exception will be required to expand a non-conforming use. Further, under the current code, a grocery store is not a permitted use within the C Light Industrial Zone. Therefore, it is recommended that your client apply to the Zoning Board of Appeals if he wishes to pursue the matter further. The Planning Board' s comments on the site layout are enclosed. These comments should not be assumed to be an endorsement of the proposed use. In fact, the Planning Board is not in favor of the addition of food stores to gasoline service stations. If revised plans are submitted, please include the enclosed new site plan application form. This form is being used with all site plans so as to improve our records-keeping. If you have any questions, please do not hesitate to contact this office. Very tr ly yours, //dl i vtiv`^` BENNETT ORLOWSKI,JR. CHAIRMAN cc: Building Department Zoning Board of Appeals Kevin McLaughlin jt ' �J _..,;fir• ���� /�l� llT Town Hall, 53095 Main Road • A P.O. Box 1179 Southold,New York 11971 f � �° 1 +� °�? ` `�' rf; =� ;- TELEPHONE � 'rJjs eta ['�? 1`;. ., r (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 19, 1988 Garrett Strang P.O. Box 1412 Southold, NY 11971 RE: Proposed site plan for Joseph A. Stocken, dreenport SCTM 41000-45-6-5 Dear Mr. Strang: The proposed site plan for Stocken was reviewed by the Planning Board at a work session. The existing use appears to be a legal non-conforming use. In order to expand the use as proposed, a Special Exception will be required to expand a non-conforming use. Further, under the current code, a grocery store is not a permitted use within the C Light Industrial Zone. Therefore, it is recommended that your client apply to the Zoning Board of Appeals if he wishes to pursue the matter further. The Planning Board' s comments on the site layout are enclosed. These comments should not be assumed to be an endorsement of the proposed use. In fact, the Planning Board is not in favor of the addition of food stores to gasoline service stations. If revised plans are submitted, please include the enclosed new site plan application form. This form is being used with all site plans so as to improve our records-keeping. If you have any questions, please do not hesitate to contact this office. Very tr-ily yours, • BENNETT ORLOWSKI,JR. CHAIRMAN cc: Building Department Zoning Board of Appeals Kevin McLaughlin jt 9-30 qyr I TO" ter' ��/ ;�•.>�> D ,e, 7W NU - ----- l --------- t ---f_� ✓,7 �� �: 1. ✓ �c 2 Ale ? �-�-��-C_Q/•'L.J�C•'�_�G..G�C s/'���LG�=YsG--_-�L -i`�i� i /� J`-2�/j�f . J � w , Sovidold T®� ®ard �'® Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 r TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, ,G September 29 1988 tenor 4. nnii , ncc , JOSEPH H. SAWICKI J. Kevin McLaughlin, Esq. 828 Front Street, Box 803 Greenport, NY 11944 Re: •- Appl. No. 3783SE and 3782 - Joseph Stocken CTM #(1000-45-6-5 Dear Kevin: This letter will acknowledge receipt of the above applications filed on September 26, 1988. The Board Members will be conducting field inspections and environmental reviews as may be required by State and local laws prior to advertising these matters for public hearings. We have provided the Planning Board with notification that we are proceeding with the above matters and have urged any comments to be referred no later than October 20th, with copies to be sent directly to you by their office. In the interim, please furnish the following for the record: (a) Disclosure Affidavit for the owner-corporation; (b) written consent from the property owner authorizing you and Mr. Stocken to make these applications; (c) copy of all conditions of the Contract of Sale and statement of those parties having an interest in same. Page 2 - September 29, 1988 To: J. Kevin McLaughlin, Esq. Re: Appls. No. 3783SE & 3782 - Joseph Stocken Please feel free to call at any time if you have questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosure By Linda Kowalski cc: Planning Board Building Department ii { � I own Board ®f 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. INTERDEPARTMENTAL MEMORANDUM -ROPERT j.POUG6ASS JOSEPH H.SAWICKI TO: Valerie Scopaz, Town Planner Southold Town Planning Board Chairman and Members FROM: Board of Appeals DATE: September 29, 1988 SUBJECT: Site Plan - Joseph Stocken/M & N Auto, Inc. ID #1000-45-6-5 ZBA Appls. No. 3783SE and 3782V As of recent date, our Office received `applications pending for the above, which site plan dated August 4, 1988 is under review by your office. If you wish to provide recommendations or comments on this project, we urge that you do so on or before October 20, 1988, and transmit a copy of your comments to. the applicant or his attorney at the same time in order to keep coordination up-to-date. If we do not receive your comments by October 20, 1988, we will assume that you have no objections and accordingly proceed. Thank you for your cooperation in this coordination. lk s � �o��FFQ��oG Southold Town. Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS October 26 , 1988 GERARD P. GOEHRINGER, CHAIRMAN S.E.Q.R.A. CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO. : 3782 PROJECT NAME: JGS'EPH A.' 'STOCK'EN/K & N' AUTO', 'INC. 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: C J Type II kx] Unlisted [ ] Exempt DESCRIPTION OF ACTION: Convert existing building to retail (grocery) store, in addition to the existing sales use (of gasoline and diesel) and propsed new building for automobile servicing LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as:S/s Front Street, Greenport,_ NY 45-6-5 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) Th�, �s an application concerning use of premises and is not directly t7elated to new construction. (3) The relief requested is not directly related to new construction. 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. me STATE OF NEW YORK) Ar )SS: COUNTY OF SUFFOLK) Christina Cbntento of Mattituck, in C said County,being duly sworn,says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York,and that the Notice of which the annexed Is a printed copy,has been regularly published in said Newspaper once each week for 1 weeks successively, commencing on the 2 0 day of October 19 88 Principal Clerk Sworn to be re me this {WARY K.DEGMAtd RY PUBLIC,State o Suff f Nei'York day of 19 olk County too.4849860 __ 7 .� rY�irp_e February [ • NY;County Tax Map District 1000, percent Location of Property:. 1060 ?store uses,all as shown on.the An' Legal Notices ;Section 97,Block 3,Lot 8. Moore's Lane,!Gieenport,NY,East ; gust 4, 1988 Site Plan. ;7:45 p.m. ,`-Appl. Wo: 3772 = em Shores Subdivision,.Section 3, Appl.ltlo:3782-Variance to the JOHN G.PHILIPPIDES. Variance - Lot 99; County.Tax Map District Y.=Zoning Ordinance,Article VIII,Sc-,.e. NOTICE OF HEARINGS. to the Zoning Ordinance,Article XI, 1000,Section 53,.Block 2,Lot 43 '-'Lion 100-80 for permission to convert NOTICE.IS HEREBY GIVEN, ."Section 100-119.2 for permission to 8:05'.p.m. Appl.>No.• 3786 z existing building ,to retail (grocery) t td�ction 267 of the Town �, pew Pr'Es°an � construct deck addition at rear of ex- .- ;:�. MARION SACCONE..Variance to - - store,which is not stod.a a Permit- Law and the Code of the Town of isti„g dwelling with an insufficient the Zoning Orc�ia i6". Article III, ted use in this"C-Light In Southold,the following hearings will setback from existing bulkhead. Lo- Section 100-30, permission to re- Zone District,-in addition to the be held b the SOUTHOLD TOWN,Y `cation of Property: South Side of Old „ :place tionconfo g trat�er with new existing sales use(of gasoline and BOARD OF APPEALS at a Regular Cove Road,Southold,NY;County. '_„':;.single-family dw Ming,in addition to . .`diesel)and proposed new building for Meeting at the Southold Town Hall, '''Tax Map District 1000,Section 52,. the established d eltirmg structures and automobile servicing.- ' Main Road,Southold,NY 11971,on Block 2,Lot.10.1. `"uses. Location o Property: 66075 :30 p.m. Appl. No. 3708 - WEDNESDAY.00TOBER 26,1988 ':.7:50 p.m:-Appl. No.'3785SE-- C.R.48,Greenpo NY;County Tax DAVID WALKERMJRTLE ASSO- at the following times: RAYMOND NINE and CHARLES Map District 1 ,Section 40,Block CIATES. Variances to the Zoning 7:30 p.m. Appl. No. 3773 ZAHRA. Special Exception to the 2,Lot 7. :. : Ordinance,Article III,Section 100- GRETCHEN K.HEIGL. Variance to Zoning Ordinance,Article III,Section 8:10 p.m. A pl.`No. 3762 - 31,for approval of parcel as exists the Zoning Ordinance,'Article III, 100-30B{16} for permission to es- .' ;i::,ROBERT G. P(1) ;;,:DIANNA` with insufficient lot area and width Section 100-31, for permission to tablish"Bed and Breakfast Use,""an .BAKER. Bed and$reakfast proposal, and more particularly described in connect deck to porch,leaving an in- owner-occupied building,other than a 2900 Boisseau At enue, Southold; 'Deed at Liber 8721 page 433 dated sufficient setback from the hotel,where lodging and breakfast is 1000-55.6-9. (Recessed from October. October 25.1979,having been set-off south(westerly)property line. Loca= -provided for not more than six casual,- t5,,1988). I without Planning Board approval. lion of Property: Private Right-of transient roomers,and renting of not 8:15 p.m. . JOSEPH A. ..,.Location.of Property: 1300 Way extending off the North Side of more than three rooms. Location-of STOCKEN/M & N'AUTO; INC. ;Marratooka Lane, Mattituck, NY;, Soundview Avenue,Southold,NY; `` •.Property: North Side of New Suffolk Location of Property:'South Side of County Tax Map District County Tax Map District 1000,Sec- '=Avenue;Mattituck,NY,County Tax Front Street(Route'25);Greenport, -Section 115,-Block 3, Lot.18.3 — tion 68.Block 1,northerly part of =-Map District 1000, Section 114, NY;County Tax Map District 1000, (previously part of 18.2). Lot 14(now 14.1).. Block 11,Lot 20... . - Section 45,Block 6,Lac5::' ' -`'c?%w .Tlia Board of Appeals will at said - 7:40 p.m. Appl. No. 3784 7:55 p.m. Appl, No. 3777 - Appl.No. 3783SE -,Special Ex . time and place hear any and all per- JAMES YOUNG. Variance to the - CARL J.AND RUTH V.NELSON. caption to the Zoning Ordinance,Ar- sons or representatives desiring to be Zoning Ordinance,Article Ill,Section Variances to the Zoning Ordinance, title VIII,Section 100-80 for expan- heard in each of the above matters. 100-31 for permission to construct Article III,Sections 100-31 and 100• sion of the present property by the Written comments may also be sub- addition to dwelling with insufficient 32.and Article XI,Section 100-119.1 - addition of a new building to be uti- mitted prior to the conclusion of the front yard setbacks from the westerly for permission to construct tennis lized for the existing automobile ser- subject hearing.Each hearing will not and southerly property lines.Location- court with 10-ft.high fencing in the vice station and public garage, in start before the time allotted. For of Property:NE/s Minnehaha Boule- frontyard area and total lot coverage in addition to the continued sales of. , more information,please call 765- vard at"Laughing Waters,"Southold, excess of the maximum-permitted 20 gasoline and proposed retail(grocery) 18M. - ._. 'ii•J•.1�i.:ul,n K',!*@'fE2-!�..4•V.nv'L*P:eNsi•n+.a�,i,,,M•n-,Ss. :,:.r::.�� - - .. ._. ---_.._,._a_._.�_.._,_�.__ a'. •'i P'.�p�..a.3c'• _..f'rr5 `s•.it7t..,• .I,.•...{_, �. -t.. .. l Dated:October b,IV00.- BY - BY ORDER OF- THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P.GOEHRINGER, CHAIRMAN '. By Linda Kowalski Now_ 0;AQ7_1mrwri GIVEN, pursuant to Section COUNTY OF SUFFOLK 267 of the Town Law and the NT E OF NEW YO R K ss: Code of the Town of Southold, ' the following hearings will be held by the SOUTHOLD .:'TOWN BOARD OFAPPEALS Patricia Wood, being duly sworn, says that she is the at a Regular Meeting at the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, Southold Town Hall, Main Road, Southold, NY 11971, on a public newspaper printed at Southold, in Suffolk County; ;wEDNESDAY,OCTOBER26, and that the notice of which the annexed is a printed copy, 1988 at the following times: has been published in said Long Island Traver-Watchman 7:30 p.m. Appl. No. 3773- GRETCHEN K.HEIGL. Vari- ' • • • " • • • • • • • • • • • • •once each week for . weeks ance to the Zoning Ordinance, z- Article 1I1, Section 100-31 for successively, commencing on the permission to connect deck to .. .. .. . . . . . . . . . . . . " ' porch,;leaving-an._insufficient setback from the south(westerly) day . . 19 �. . property line. Location of Pro ' perty: Private Right-of--Way ex- tending off the North Side of \81Q -.rri 'A Soundview Avenue, Southold, P• PP 1. No 376�- ROBERT G. and DIANNA NY; County Tax Map District BAKER. Bed and Breakfast 1000,Section 68,Block 1,north- proposal, 2900 Boisseau Ave- erly part of Lot 14 (now 14.1). nue,Southold; 1000-55-6-9.7:40 p.m. Appl. No. 3784 L (Re- v JAMES YOUNG. Variance to cessed from October 6, 1988). • • • • • • • • • • • • • • • • • . . day of 3 ,8:15 p.m.JOSEPH A.STOC_ the Zoning Ordinance, Ari KEN/M&N AUTO,INC.Loca- I11, Section 100-31 for permis= � sion to construct addition to tion of Property:South Side of 19 dwelling with insufficient front, Front Street(Route 25),Green- ; yard setbacks from the westerly port,NY County Tax Map Dis- and southerly property lines., trict 1000, Section 45, Block 6, Lot 5: Location of Property: NE/s Appl. No. 3783SE . S L Y Minnehaha Boulevard of pecial "Laughing Waters," Southold, Exception to the Zoning Ordi- nance, Article VIII, Section ry Public NY County Tax Map District 100-80 for expansion of the pre- RA A. SCHNEMER .;;.;1000,Section 87,Block 3,Lot 8. sent.property by the addition of BLIC, State of New YoF r,Ye7_45 p.m_ Appl. No.. 3772- a new building to be utilized for No. 4806846 _>JOIIN G.PHILIPPIDES.Vari-. the existing automobile service ied in Suffolk Coin y ance to the Zoning Ordinance, station and public garage,Article XI,Section 100-119.2 for P g ge,in ad- scion Expires ��3 dition to the continued sales of permission to construct deck ad- dition at rear of existing dwell- gasoline Proposed retail ing with an insufficient setback (grocery)store uses,all as shown from existing' bulkhead. Loca- on the August 4, 1988 Site Plan. .tion of Property:South Side of ppl• No. 3782 Variance t Old Cove Road,Southold, NY the Zoning Ordinance, Article County Tax Map District.1000 VIII,Section 100-80 for permis Section 52, Block 2, Lot I0.1., sion to convert existing building to retail(grocery)store,which.i 1'�0 p.m. Appl.•No. 3785 not listed as a permitted use in�.^ •SE-RAYMOND NINE and this "C-Light Industrial"Zone CHARLES ZAHRA. Special Exception to the Zoning Ordi District,in addition to the exist- nance, Article III, .Section ing•�sales use (of gasoline and 100-30B[16] for permission to diesel)and proposed new build- establish "Bed and Breakfast ing for automobile servicing. Use;'"an owner-occupied build- 8:30 p.m. Appi. No. 3708- ing,other than a hotel, where DAVID WALKER/TURTLE lodging and breakfast is provid- ASSOCIATES. Variances to the 'J ed for not more than six casual, Zoning Ordinance, Article III, Section 100-31 f transient roomers, and renting or approval of 'of not more than three rooms. parcel as exists with insufficient Location of Property: North lot area and width and more"- of New Suffolk Avenue, particularly described in Deed at Mattituck, NY County Tax Liber 8721 page 433 dated Oc- .. ;;Map District 1000,Section 114, �� sober 25, 1979,having been set- -...Map•Block I1,.Lot 20. off without Planni-ig Board ap- ia�,,• - proval. Location of Property: 7:55 p.m. Appl. No. 3777- 1300 Marratooka Lane, Matti- "'CARL J. and RUTH V. NEL, SON. Varianc tuck,NY County Tax Map Dis- -_ es to the Zoning trict 1000,Section 115,Block 3, _Ordinance,Article 111,Sections Lot 18.3 (previous] 100-31 and 100-32, and Article 18.2) Y part of XI,Section 100-119.1 for permis- The Board of Appeals sion t onstruct tennis court said time and place hear any and with 0-ft high fencing in the all persons or representatives de- frontyard area and total lot siring to be heard in each of the coverage in excess of the maxi- above matters. Written com- mum-permitted 20 percent. ments may also be submitted Location of Property: 1060 prior to the conclusion of the Moore's Lane, Greenport, NY subject hearing. Each hearing C_� Eastern Shores Subdivision, will not start before the time al- Section 3, Lot 99; County Tax lotted. For more information, Map District 1000, Section 33, E please call 765-1809. Block 2, Lot 43. Dated: October 6, 1988. 8:05 p.m. Appl. No. 3786- BY ORDER OF MARION SACCONE.Variance THE SOUTHOLD TOWN to the Zoning Ordinance, Arti- BOARD OF APPEALS cle III, Section l00-30, for per- GERARD P. GOEHRINGER, mission to replace nonconform- ing ing trailer with new single-family CHAIRMAN BY Linda Kowalski dwelling, in addition to the es- tablished dwelling structures and IX, 10/20/88 (3) uses. Location of Property: 66075 C.R.48, Greenport, NY; County Tax'Map District 1000, Section 40, Block Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. R0BE4-_DGUG-6A&S JOSEPH H. SAWICKI James Dinizio, Jr. TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Southold �'�wn hoard ®f Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L,I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI James Dinizio, Jr. List of Mailings Hearings for October 26, 1988 Southold Town Board of Appeals Copies to the following on or about October 14, 1988: Mr. and Mrs. Frederick Heigl P.O. Box 32, Peconic, NY 11958 Mr. William Chamberlain (Re: Heigl) 22 Bowden Drive, Huntington Station, NY 11746 �kIbton Construction Co. Attention: Mr. Gerry L. Horton P.O. Box 1442, Mattituck, NY 11952 Mr. John G. Philippides 35 Avalon Road, Garden City, NY 11530 Mr. Charles Zahra and Mr. Raymond Nine 1830 Pike Street, Mattituck, NY 11952 Mr. and Mrs. Carl J. Nelson P.O. Box .373 , Greenport, NY 11944 Mr. and Mrs. William L. Schroeher (Re: Nelson) 525 Greenhill Lane, Box 608, Greenport, NY 11944 J. Kevin McLaughlin, Esq. 828 Front Street, Greenport, NY 11944 as Attorney for Marion Saccone V"a's Attorney for Joseph A. Stocken as Attorney for Turtle Associates (David Walker) William D. Moore, Esq. Box 23 , Suite 3 , Mattituck, NY 11952 as Attorney for Mr. and Mrs. Robert Baker Legal Notice of Hearings for October 26, 1988: Copies to the following on or about 10/14/88: Mr. and Mrs. Robert G. Baker 2900 Boisseau Avenue, Southold, NY 11971 Gary Flanner Olsen, Esq. (Re: Walker/Turtle Associates) as Attorney for Mr. and Mrs. J. Lowell Main Road, Box 706, Cutchogue, NY 11935 Mr. and Mrs. Jackson Lowell 1100 Marratooka Lane, Box 266, Mattituck, NY 11952 Mrs. Catherine Woodhull Marratooka Lane, Mattituck, NY 11952 Charles R. Cuddy, Esq. 180 Old Country Road, Box 1547, Riverhead, NY 11901 L.I. Traveler-Watchman, Inc. (Official Town Newspaper) Suffolk Times, Inc. Town Clerk Bulletin Board ZBA Office Bulletin Board ZBA Chairman and Members with copies from file ZBA Individual Files coFc,�E��t r1 q, r+ J. En Town Hall, 53095 Main Road w `•icy�`:�;,�.',� � P.O. Box 1179 M ��' Southold, New York 11971 d.� �' 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: September 26, 1988 Transmitted herewith is Zoning Appeal No. 3782 application of Joseph Stocken by J. Kevin McLaughlin for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form letter relative to NYS Tidal Wetlands Land Use; Notice of Disapproval 'from the Building Department; ►; and any other attachments relative to this application. • Judith T. Terry Southold Town Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD .In the Matter of the Petition of JOSEPH STOCKEN 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) [circle choice] I. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 74200 Main Road, Greenport, NY - SCTM 1000-045-06-05 3. That the property which is the subject of such Petition is located)n' ocated in the following zoning district: C (light industrial). 4. That by such Petition, the undersigned will request the following relief: variance to allow use of the existing 4,925 sq. ft. building for a grocery store and to continue present gasoline sales office. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article VIII Section 100-80 [ ] 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 Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such riotices;that you or your epresentative have the right to appear and be heard at such hearing. Dated: September &J 1988 . Peti oner J Owners ' Names : Jos ph Stocken Post Office Address 828 Front Street, PO Box 803 Greenport, NY 11944 Tel . No. ( 516 ) 477-1016 [Copy of sketch or plan showing proposal to be.;,attached for convenience purposes . ] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS 125-127 Main Street Corp. 24100 Front Street Greenport, NY 11944 Robert Brown Greenport, NY 11944 STATE OF NEW YORK ) ss.: COUNTY.OFSUFFOLK ) - Laurie .E. Graeb. residing at 4.780 .Ole Jule Lane Mat-tituck;.,. New York , being duly sworn, deposes and says that on,the. 22nd day of , September , 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 Mattituck, New York"; ; that said Notices were mailed to each of said persons by (certified) (cegboermd) mail. Laurie E. Graeb Sworn to before ry�re this Ir f day of Se vt�--_rfibe 4 1 19 l Notary Pu lic J. KEVIN McLAUGHL Notary Public, Sfate of New York Qualified in Albany county y C.Pmmisslon Expires r aa�j (This side does not have' to be completed on form transmitted to adjoining property owners.. ) 14-16-4(2/87)—Text 12 PROJECT I.D.NUMBER 617.21 _ SEQR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME JOSEPH STOCKEN 3. PROJECT LOCATION: 74200 Main Road Municipality Greenport County Suffolk 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) 74200 Main Road Greenport, NY 11944 SCTM 1000-045-06-05 5. IS PROPOSED ACTION: ❑New ❑Expansion ®Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Change use of existing 4,925 sq. ft. building to include a grocery store. 7. AMOUNT OF LAND AFFECTED: Initially 58,279 sq.ft. a-iregx Ultimately58,279 sq.ft. xyawx 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes ®No It No,describe briefly Requires variance from Board of Appeals and site plan approval from Planning Board. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ❑Residential ®Industrial Commercial []Agriculture ❑Park/Forest/Open space ❑Other Describe: Mixed commercial and industrial uses. 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? 13Yes ❑No It yes, list agency(s)and permit/approvals Site Plan Approval from Planning Board and building permits from Building Department. 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? • ®Yes El No If yes,list agency name and permitlapproval Existing Certificate of Occupancy for use as an automobile repair shop. 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ®Yes ❑No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE r! Applicant/spons ? am : >' Date: Slgnat re: r � J If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is .not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? Yes X NO 2. Will there be a major change to any unique or unusual land form on the site? Yes X No 3. Will project alter or have a large effect on X an existing body of water? Yes No 4. Will project have a potentially large impact on groundwater quality? Yes X No 5. Will project significantly effect drainage flow X on adjacent sites? Yes No 6. Will project affect any threatened or endangered plant or animal species? Yes X No 7. Will project result in a major adverse effect on air quality? Yes X No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes XNo 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? _Yes XNo 10. Will project have a major effect on existing or X future recreational opportunities? Yes No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? Yes XNo 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes XNo 13. Will project have any impact on public health or safety? Yes XNo 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year _Yes XNo . period or have a major negative effect on the character of the community or neighborhood? 15. Is there public co o �r c ning the project? _Yes XNo Preparer's Signatu Representing: Joseph S ocken .. Date: 9/21/88 ZBA y/75 74- QUESTIO_dNAIRE TO BE COMPLETED AND SUB"IITTED WET11 YOUR APPLICATION Y01?i'IS TO ` 11E 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? Xy-XXX No 2.a)Are there any areas which dontain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference. ) XX)= No b) Are there any areas open to a waterway without bulkhead? X :" No 3. Are there existing. structures at or below ground level, such as patios, foundations, etc? '.Yes XNK 4. Are there any existing or proposed fences, concrete barriers , decks, etc? Yes RM 5. If project is proposed for an accessory building or structure, is total height at more than 18 feet above N/A average ground level? State total: , ' ' ft. XXX$ X 6. If project is proposed for principal building or structure, is total height at more than 35 feet above N/A average ground level? State total:. . . . . . ft. XX9XX 7. Are there other premises under your ownership abutting this parcel? If yes , please submit copy of deed. XWN No 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any) ? XJV4M 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 MI&X Town Board XM No Town Trustees X&NM No County Health Department XKMX No Village of Greenport< XZd X No N.Y.S.D.E.C, XMYX No Other Mm 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 MX 11. Is new construction proposed in the area of contours at 5 feet or less as exists? XZEX 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? MINX No 13. Please list present use or operations conducted upon the subject property at this time gasoline sales and auto repair and proposed same, plus grocery store Please submit photograph for the record. I certify th� t abov statements are true and are being submitted for reliance bly t B d eals in considering my application. �1 Sign a ( - - r) Authorized Agent 1/88 WETLANDS [Amended 8-26-76 by L.L. No. 2-1�7G; •"1-'LG- 85 by L.L. No.6-19851: r ' A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with;or which bordr!r on, tidal wat.i!rs, or lands lying beneath tidal waters, which at mean low tide are covered by tidal watery 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 anti 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(t) 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 Article 24, Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York;and (2) All land immediately adjacent to a"freshwater wet- land,"as defined in Subsection B(1)and lying with- in seventy-five(75) feet landward of the most land- ward edge of a"freshwater wetland." a ( 9705 'l•2G-H5 ' _ i Standard N.Y.ti.l.l:.lone No! CONSULT YOUR LAwYtR litroRfrflt♦NINt<THIS INSTRUMtNTpin and Iak De. +•rTMls INSTfIIn't,I11aI��r e����� ������ single cheer) M NT SHOULD tt US/D By LAWYtat ON&Y THIS INDENTURE, made the 29th clay of October , nineteen hundred and Ei ht —Fou BETWEEN Y CLAUDIO GIOVANNELLI and CAROL GIOVANNELLI, both residing at 3 Middleton Road, Greenport, New York 11944 party of the first part,and M & N AUTO, INC. , a New York Corporation, with its principal place of business at (no#) West Front Street . Greenport, New .York 11944 party of the second part, 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 assignit 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 S'i' ; in the Town .of Southo`1:d,,,: County of Suffolk and State of New York; )00 bounded and described' as.- follows: 3C: BEGINNING at a concrete monument set on the southerly line of I.5.00 Main Road (State Route 25) at the northwesterly corner of land of Robert R. Brown and the northeasterly corner of land now or formerly of Johnson; �.00 RUNNING THENCE along the .soutlie • 770 54 ' 40" East 200 feet ] rly line o�f 'said t`lein Road North JT )5.000 THENCE along other land of Robert R. Brown two courses as follows: 1 ) South 10 20 ' 30" West , 300 feet ; thence 2) South 770 54 ' 40" West 200 feet to the said land of John son; THENCE along said land of Johnson North 10 20 ' 30" East 200 feet to the point or place of BEGINNING. BEING -AND INTENDED to be-the came premises as conveyed to the parties of the first part by deed dated 3/17/03 and recorded in the Office of the Suffolk County Clerk on 3/21/83 in Liber 9330 at Page 210. TOGETHER with all right, title and idterest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGL•T14ER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO }IQI.D the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second Dart forever. 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'lhe 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 coiiveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the,purpose of paying the cost of the improvement and will appPly the same first to the payment 01.3he'cost of the improvement before using any part of the total of the same (or any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indentpre so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: ' Claudio Giovannelli Car�Jiova.nnelli a.TATF OF NEW YORK. COU Of SUffolk • SS: STATE ' ._ _'1IW PORK, COUNTY OF Oti the 29th day of Octuber 19 84, before On the personally camp me day of 19 , before Claudio Giovannelli and personally came Carol Giovannelli to nlr known to be the individual 9 described in and who to Ine known to be the individual described in and-w SS xreuted the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged t: :t1ey executed the sautek1r1R"P1 . executed the same. 2 .e,IL"Ka Notary A t08 00 of Yal'k No.nuelllled In Suffolk County Commission ExpIms March 30.1080 STATE OF NEW PORK, COUNTY OF SS: STATE OF NEW YORK, COUNTY OF _ )n the (lay of 19 , before me On the day of 19 personally came , before r to ole known, who, being by me duly sworn, (did depose and heperssubscribing witless to the foregoing instrument, wi $ay that lie resides at No. whom I am personally acquainted, who, beingg by me dt tllilt lu is the sworn, dint depose and say that he resides at No. of the corporation described that he'knows in and which executed the fore oin ►; g instrument; that he knows the teal of said corporation: that the seal affixed to be the individt, described in and who executed the foregoing instrumen to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and sa affixed by order of the board of directors*of said corpora- execute the same; and that he, said witnea tion, and that he signed h nanic thereto by like order. at the same time subscribed It name as witness there: wi-I.H (:OVENANr AGAINST GRAN'r0R'S ACi'S SECTION I'LL NO. BLOCK .LAUDIO GIOVANNELLI and CAROL GIOVANNELLI LOT r TO COUNTY OR 'TOWN I & N AUTO -i.I N C Recorded at Request of CHICAGO TITLE INSURANCE COMPANY STANDARD FORM OF NEW VOIIK IOAnO OF TITLE UI111ERWRITERS Return by Mail to Distributed by HENRY S . SAXTEIN, ESQ. CIESICAvo 'IrIVr,a 747 EAST MAIN STREET IAIVfflURA]VC1z P. 0. BOX 904 RIVERHEAD, NEW YORK 11901 Zip No. u u .. W Z o ' K J W K U. O u n Q .y n S w 5 W L v N E ■ E 727.65 723.079.a5 Z.44 a.776.93 II. 912 12'\3 Y 72 S.98' 122.657.75 2.446.713.07 3112.39 32 S.01 u.21 2.\V9.VS 3.C6 12. S6S a4'Y7 Y 618.26 322.403.78 2.146.149.38 11]00. 7.u18.5:0.9i Il. SYO 17'S7 C 5%,06' 321.948.61 2.\Y6.SJu,il SI.1! 722....... 7.1u8.4d 1,11 I1. 732 07']][ I]8.77' )71,e]I.aS 7.1a[.e0r.5r J SEE SEC.NO.040 R 1 E 5q,00 ]I3.911.]2 2.\u9.K9.•1 I5. 165 lR'4I Y ]21.19' 321.699.39 i.l\6.31\.K I 32]j00-HATCH LIN- s]9.29 ]Ex.7do.Y1 i,W7,932.79 16. $0229'57Y 172.7: ]31.6]6.8Y UNION FREE SCHOOL ]I7.92 77I.66S.05 I.aLL7.6I1.77 I7. 387 51'l)Y ]9].1\' 321.667.11 1.145.754.63 01 DIST. N0.10 lee.+0' 312.e11.91 2.lat.iJl.90 1�. AI 59']T v ])e.19' ]11.557.5] 7.Y4S,178.VO -f 4u8.00 327.2%e5 2.447.4c0.72 II ■19 02,30 Y 237.6. 321.601.53 2.115.199.ao � 8I9.66 ]21,946.70 2.1Y6.Ba6.8LL to 3 -� ca S••• 32.64(0 - YI' L25 A(C1 y 5.5'o Ail- a 2.2 �48 ]c�• L.O. �.OA(C) yc•A ZONE ® C D.]31 , 3 1.2AW 6 ° ��0 .a •2 �• I 2 SEE SEC NO 046 5.1 AW 13 \' 3 1.4A(C) � `( 4.3A(c) 14 C''6 0 - 4 7�( 2 •2.OA(C)' 3.3A(C) -- ��� 13A( IM c,�! V 12.6A(C) J B - 16.5A1c 1 li � _•Jo LIN3 F-'L i G0 J(0 • ' T SEE SEC. NO. 133 10'.CE C:.:NI• N6 Al aRJafat• SER.Ii[ i,:[N_• _ UNLESS VR44N CTNER-S[, t .■C.FN'IS M II ARE 'N 7: THE [JLLC.'ING C:S TR 1,75 SCN00L.'. 10 ..._- 80.ER FIRE LIO Nt_--.4B WATER-_!J PARK_..--_._- REFUSE___ Q KEY MAP I © COUNTY OF SUFFOLK OUTHOLD SECTION NO. TD"NOFS �3W z°° Real Property Tax Service Agency VILLAGE OF SCALE IN 1111 ----__- Count Center O 1 Y DISTRICT NO. IOOO Riverhead, L. I., New York PROPERTY MAP DR]..1 Com■1■N.. __-_.._-._----