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Home My WebLink About3774 o5�FFour Southold Town Board f En , . M�tT�� Anneals 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 Application of H & S ASSOCIATES for a Special Exception to the Zoning Ordinance, Article VII , Section 100-70B for permission to utilize proposed addition, maintaining the westerly yard setback, partly for sales of auto parts, added storage, and engine-rebuilding shop, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-2-24. WHEREAS, a public hearing was held and concluded on Thursday, October 6, 1988 , in the Matter of the Application No. 3774SE; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application pursuant to the requirements of Article VII , Section 100-70B for a Special Exception utilizing premises with a proposed addition partly for sales of auto parts, added storage and engine rebuilding. 2. The subject premises consists of a total area of approximately 19 . 60 acres, a portion of which is presently zoned Page 2 - Appl. No. 3774 Matter of H & S ASSOCIATES Decision Rendered September 16, 1988 11B-1 General Business" along the north side of the Main Road, in the Hamlet of Cutchogue, all more particularly identified on the Suffolk County Tax Maps as District 1000, Section 102, Block 2, Parcel 24. 3. Submitted for consideration are the- July 23, 1988 Site Plan and Survey Map dated May 21, 1980 prepared by Roderick VanTuyl, P.C. depicting the proposed addition and the existing buildings.- The addition as proposed is shown to be at the north (rear) section of the existing building extending a total of 110+- feet and maintaining the same nonconforming setback from the westerly (side) property line at approximately 18 feet, pursuant to the subject Site Plan Map. 4. It is noted for the record that reviews have been made and are pending by the Planning Board indicating their general acquiescence with the building and parking layout. 5. In considering this application, the Board finds and determines that: (a) the use requested will not prevent the orderly and reasonable use of adjacent properties or . of properties in adjacent-use districts; (b) the use will not adversely affect the safety, health, welfare, comfort, con- venience or order of the Town; (c) the use is in harmony with and will promote the general purposes and intent of zoning. 6. The Board has also considered subsections (a) through (1) *;,of Article XII, Section 100-121C(2) of the Zoning Code in making this determination. Accordingly, on motion by Mr. .Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Special Exception as applied for the auto ,parts sales, added storage, and engine rebuilding uses, as shown by the July 23 , 1988 Site Plan Map submitted in the Matter of Application No. 3774 - H & S Associates. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Doyen. (Member Sawicki was absent due to serious family illness. Member Dinizio abstained. ) This resolution was duly adopted. GERARD P. GOEHRINGER CHAIRMAN lk a t � , lellq'��l_�Uurzl'< t Southold 'Tow' n Board ofAppeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 v TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NOTICE OF HEARINGS JOSEPH H, SAWICKI 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 119711 on THURSDAY, OCTOBER 6 , 1988 at the following times: i 7: 35 p.m. Appl. No. 3765 - JOSEPH SPITALIERE for a Variance to the Zoning Ordinance, Article III, Section 100-31 for the placement of a new dwelling structure with a reduced setback from the front property line. Location of Property: Right-of-way located along the east side of Cedar .Beach Drive, Southold, (just south of General Wayne Inn) and extending in an easterly and thence southerly direction to this parcel identified on the Suffolk County Tax Maps as 1000-90-4-14. 7:40 p.m. Appl. No. 3768 -. FRANK AND SANDRA CURRAN for a Variance to the Zoning Ordinance, Article III, Section 100-31 for construction of a pool with deck and fence enclosure with an insufficient frontyard setback and excessive lot coverage (over Page 2 - Notice of. Hearings Regular Meeting of October, 6, 1988 Southold Town Board. of Appeals 20 percent) , at premises known as 780 Haywaters Road, Cutchogue, NY; County Tax Map Parcel No. 1000-111-01-016. 7: 45 p.m. Appl. No. 3763 - JOHN J. JESSUP for a Variance to the Zoning Ordinance, Article III, Section 100-31 for . construction of an addition at the westerly side of the existing dwelling with a reduction in the total sideyards, at premises s known as 90 East .Road, Cutchogue, NY; County Tax Map Parcel No. 1000-110-7-15. 7:50 p.m. Appl. No. 3759 - TONY SCARMATO, INC. for a Variance to the Zoning Ordinance, Article XI, Section 100-119. 2 for approval of gazebo structure with an insufficient setback from an existing bulkhead along Peconic Bay, at premises known as 235 Huckelberry Mill Road', East Marion, NY; County Tax Map Parcel No. 1000-31-16-9. 7: 55 p.m. Appl. No. 37555E - TIMOTHY COFFEY AND THE COVE AT SOUTHOLD, INC. Special Exception to the Zoning Ordinance, Article III, Section 100-30C, for permission to erect Page 3 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals off-premises sign. Location of Property: South Side of Main Road, Southold, NY; County Tax Map Parcel No. 1000-75-06-7.3 . (Recessed from Prior Meeting) . 8:00 p.m. Appl. No. 3758 - THEODORE KUDLINSKI, JR. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct open deck addition with an insufficient rearyard setback from existing dwelling, at premises known as 605 Highwood Road, "Highwood at Bayview" Subdivision Lot No. :8', . Southold, NY; County Tax Map Parcel No. 1000-78-9-50. . 8: 05 p.m. ELSIE D. YOUNG. Appl. No. 37605E - Special Exception to the Zoning Ordinance for permission to establish Accessory Apartment in an existing dwelling structure in accordance with the requirements of Article III, Section 100-30B, subsection 15. Location of Property: 480 Grissom Lane, Southold, NY; County Tax Map Parcel No. 1000-78-1-10. 3 . Appl. No. 3761-V - Variance to the Zoning Page. 4 - Notice of Hearings Regular Meeting -of October 6, 1988 Southold Town Board of Appeals Ordinance, Article III, Section 100-30B(15) {M} to allow conversion of dwelling for Accessory Apartment with Certificate of Occupancy dated after January 1, 1984, although Affidavit of Building Inspector indicates dwelling met the requirements for a Certificate of Occupancy had application been made in a timely fashion. Location of Property: 480 Grissom Lane, Southold, NY; County Tax Map Parcel No. 1000-78-01-10.3 . 8:15 p.m. JOHN T. BEEBE - Variances to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and width of two proposed parcels in this proposed set-off division of land, located along Beebe Drive, Cutchogue, NY; County Tax Map Parcel No. 1000-103-3-part of Lot 5. 8: 20 p.m. ROBERT AND DIANNA BAKER. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(16) for permission to establish Bed and Breakfast establishment in an existing dwelling, at premises known as 2900 Boisseau Avenue, Southold, NY; County Tax Map Parcel No. 1000-55-6-9. Page 5 - Notice of. Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals 8:30 p.m. Appl. No. 3779 - PETER AND DESPINA MARKOPOULOS for a Variance to the Zoning Ordinance, Article III, Section 100-31 and prior Appeal No. 3623 rendered May 11, 1987 for approval of structure(s) with reduced sideyards, at premises known as Lot #16, Captain Kidd Estates, along the south side of Sound Beach Drive, Mattituck, NY; County Tax Map Parcel No. 1000-99-1-24. 8: 40 p.m. Appl. No. 37695E - CUTCHOGUE FARMS LTD. (a/k/a GRISTINA VINEYARDS) . Special Exception to the Zoning- Ordinance, . Article III, Section 100-30B for permission to establish Winery, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-109-01-13 . 8:50 p.m. Appl. No. 3764 - DENIS O'BRIEN for Variances to the Zoning Ordinance, Article III, Section 100-31 and Article XI, Section 100-119.1 for permission to erect tennis court with 10-ft. high fencing and gazebo structure in an area other than the required rearyard, at premises identified on the Suffolk County Tax Maps as District 1000, Section 3, Block 3, Lot 3.5, along Private Road, Fishers Island, NY. Page 6 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals 8:55 p.m. Appl. No. 3778 - BRETT AND JANET'.KEHL- Variance to the Zoning- Ordinance.; Article' III, Section 100-32 and. removal of 'Conditions rendered under Appeal No. 3.641 on June 18, 1987' in order- to allow conversion of-.the subject -building as livable area in proposed reconstruction .plan of dwelling; at premises known as 5500 -Main Bayview .Road;' Southold, NY; - :County Tax Map Parcel ID . No. 1000-78-4-32. 9:05 p.m. Appl. No. 3774SE - H &' S' ASSOCIATES ._Special Exception to,- the Zoning Code, Article VII, Section' 100=70B for permission to construct addition to existing building, (maintaining the westerly yard setback).,rfor use partly for sales of auto parts; added storage; and engine-rebuilding shop, at premises located along the north side of the Main Road, Cutchogue, . NY; County Tax Map -Parcel No. _l000-102-2-24... , 9:15 p.m. Appl. No. 3776 - HOWARD AND MARGARET .BRODIS. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(15) for permission to establish Accessory Apartment in a proposed addition to existing dwelling, at premises known as 435 Eastward Ct." Mattituck,- NY; County Tax Map Parcel No. 1000-115-7-9. Page 7 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town.Board of Appeals i 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: September 16, 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, September 29, 1988 and forward 11 Affidavits of Publication to: Board of Appeals, Main Road, Southold, NY 11971. -----------------------------------------------------------------x TOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIALS-><3�ik0; C� ' p° Ag ; ppl ication No.0 ® ate Filed: 8`/9lej;�, TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N�0� I (We), yes /�SSo�f.9-75 of !✓JAyAD (Residence, Houte No. and Street am eT tf, Statcl,Zip Code, Tel ep one Number) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION, in accordance with the ZONING ORDINANCE, ARTICLE V/ / SECTION /OO_-7 o 8 , .SUBSECTION for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale) : ,PAOO/y,QT y A c 2N45:2 ff4 iu z- -r p ,c' Gc. T��oG u o So u-rllo c�). .4 I�Ro,Oos�� ¢ r�/i. r•/ 7`b r Fy e� carcllo6u� 4uTo � �75 ,63v/LD�,./6 /vr�'As ii✓( /? �•JGi.tilF .�1�oi��7iN( S"f��.. /j e L rwo2� r�r/ PQ��,,.�,t-,�S ti� ;c.� �G Go�-/,d v c T.>✓r� /�5��i�' i��,�' A. Statement of Ownership and Interest. is are the owner(s) of prope ty known and referred to as P47-1 (House No. , Street, ,.Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section:/o,9- Block _a, Lot(s) �V , which is not ( ; on a subdivision Map (Filed "Map of" " Filed Map No. , and has been approved by the Southold Town Planning Board on as a [Minor [Major] Subdivision). The above-described property was acquired by the owner on G -7&C!2 B. The apq icant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the propos.ed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: 4> ic-L GON rJljTr/ir/ ,•C.oNi=iilH S O F /�j2op-s. 7-,0t-J 0 00/Jv12 -%)(V2,1Z. 5 lbR/> r r c•��c �% 5�n� C. The property which is the subject of this application is zoned f'S "—r and [ ] i.s .consistont with the use(s) described in the Certificate of Occupancy being furnished herewith. [ ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s) : [ ] is 'vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORK) ss. : au Swor to before me this iq day of aGt.).9'i , '19'?r: otary u i c k'„a.Ara, M. HAURUs Notary Pu li" Cta3;,of New York ZB2 (rev. 2/6/86) nfo• 52-6306770 Qualified in Suffoll,County Commission Expires 1�• a.� TOWN., .OF-SOUTHOLD PROPERTY= RECORD CARD 2 12 - 2y OWNER STREET : VILLAGE DIST. SUB. LOT u _ v es ` C FORMER OWNER-, N E ACR. Sd C / -- S W :; TYPE OF'BUILDING 44 PA Ale MQtrt C. SC 077 DES. SEAS.: ` VL.` FARM COMM. CB. MICS. , Mkt. Value LAND IMP. TOTAL DATE. REMARKS !6 yo a ./ /�/2 8/7 %F ,a.P 9Ns—Z E re /r h e L 1 5 z r 7 .� PY�!yd 7 0 / !'% V 9f0 46 zAA flu ot�16au zv -- /.:' °3 3 Z� 16, _ � U illable FRONTAGE ON WATER °-o y17 30 /oodland - FRONTAGE ON ROAD leadowland .- DEPTH ouseplot BULKHEAD �' 0 0 6 TOWN OF SOUTHOLDPROPERTY ' " RECOR® CARD OWNER STREET 1 VILLAGE ! DIST« SUB. LOT FORMER e✓'C f r,d>° OWNER N '� .. ;E`e - _ - :` ACR. ; , .•i a,1`� ( '� lt S Q• ` -��QG/� , LTV ��• �/ r �� •� .� ' •' ` .... '�.:, (� S �. ! 1' W i:,.; ,::, �':• ... :2 TYPE OF BUILDING l Yy �•" tES.:.;, SEAS: VL. - FARM OMM. CB... MISC.: Mkt. Value .':,;LAND ':IMP. TOTAL' ' DATE REMARKS 0 -7 2 a�%f d �� d 6 � a.� a a/� ,xi r,IL 77 Sl D fk R. 73 2 2 Ro,,L.o G,Pr'E=N1/a US F 31-2-f/77 ' T3LA PER �9/�9z ,JlA h�Ad�i/oN AGE BUILDING C NDITION 8 Ygg,,o a NEW Sd G Oh�lv�1AQ L W� 2S�/j7 ABOVE . /G FARM:, t: :-Acre:. Value Per .Value z Acre r !oodlancl '.. wampland FRONTAGE ON WATER •ushlohd s, "'`; ,E FRONTAGE ON ROAD JA Ouse_'Plot•' DEPTH _ r' BULKHEAD itcl r DOCK' r: ,.- _ - 77 -.,-.. - -, . ;J�! At. -,# � - %.�,,,�' -. T",I; I ...,-I- I ,CIR I,- .- --�I', �f 'S I-c�-'ii"-iti, �_,,,� fi�',-', l,-� � "�, . , �'�";;,,'-,'� �.-.!-�I. ''. " , I-l'. ,4 , , - .,! -�- - : _ . 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Rooms 2nd.Floor Garage ry: I 0. B . . . � --- ,- ;. - .'. -�. - :-, , --,� '- ,,-- -.�- ., , , , I - + 1 : ., +I 1 � , ,. -,: - .+ ,. , � I.' - - " . oil MIN NN ®®®ei ee ONO ®ee®e®eeeeeee p4i ® ® eeeeeeeeeeeeeeeee eee��I ins a eee®e ■eeeeeeeee ®eeeeeee eeeeeeee • eee■gee ■eeeeeeeeeeeeeeesee eei�ee��eeeeeeeeeeeeeee ee ' ei�eeeee®eeeee�0 eeeeeee �I�e.eel*ee .le�e�:' v jjWkWtjp eeeeeee elie�® `�eeel. . e;Ce �rl�■_e fya: eeeeee0 1,eee141-9+ei • ONE eeeeee�e�wiaIntlU eedeeeee� eeeeeee eeeiu�ee® [EA . e eee►eee�e�e:.-ji........ .... ll=o�ndation Both iiiie ee Extensi • r i Extension ` • 'Fire Place . �� •.. Floor 'per • f Southold Town Board of Appeah MAIN RDAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 z TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR.rznoror October 7, 19$8 nQ_1WG 8S �aM ss �i ni zi o, Jr. H & S Associates, Inc. P.O. Box 915 Cutchogue, NY 11935 Re: Appl. No. 3774 - Special Exception Gentlemen: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals. A copy of same has also been furnished with the Building Inspectors` and Planning Board Offices for their files. Please be sure to return to the Planning Board, Building Department, and any other agencies for issuance of appropriate approvals and permits which are deemed 'necessary pursuant to law. 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 Planning Commission Page 2 - Appl. No. 3. _ Matter of H & S ASSOCIATES Decision Rendered September 16, 1988 11B-1 General Business" along the north side of the Main Road, in the Hamlet of Cutchogue, all more particularly identified on the Suffolk County Tax Maps as District 1000, Section 102, Block 2, Parcel 24. 1 3 . Submitted for consideration are the July 23, 1988 Site Plan and Survey Map dated May 21, 1980 prepared by Roderick VanTuyl, P.C. depicting the proposed addition and the existing buildings. The addition as proposed is shown to be at the north (rear) section of the existing building extending a total of 110+- feet and maintaining the same nonconforming setback from the westerly (side) property line at approximate,ly 18 feet, pursuant to the subject Site Plan Map. - 4. It is noted for the record that reviews have been made and are pending by the Planning Board indicating their general acquiescence with the building and parking layout. 5. In considering this application, the Bo rd finds and determines that: (a) the use requested will not prevent the orderly and reasonable use of adjacent properties or of i i RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE l o/.o/gs- HOUR 3 3z)y°M Town Clerk, Town of Southr�iId TOWN OF SOUTHOLD ZONING BOARD OF APPEALS REGULAR HEARING OF THURSDAY, OCTOBER 6, 1988 Appl. No. : 3774SE Applicant(s) : H&S ASSOCIATES Location of Property: N/s Main Road, Cutchogu Tax Map ID No. : 1000- October 6, 1988 Regular Meeting Present were: Chairman Gerard P. Goehringer; Member Charles Grigonis, Jr. ; Member Serge Doyen, Jr. ; Member James Dinizio, Jr. Absent was: Member Sawicki (due to serious family illness) . Also present were: Board Assistant Linda Kowalski , and approximately 40 persons in the audience. The Chairman read the Legal Notice for this hearing , as published in the suffolk Times and L. I. Traveler-Watchman, Inc. CHAIRMAN GOEHRINGER: I have a copy of a site plan produced by the applicants dated 7/23/88 indicating an addition to the rear of the building of, I can read the square footage but it ' s off, but they really. . . Unless you see the site plan. A proposed engine rebuild- ing shop of 32,164 square feet and a proposed storage area of 1,636 square feet and an enclosed portico joining the two buildings that exist.'.now which appear to be Cutchogue.Auto Parts. Would you like to be heard Mr. Freeman concerning this application. MR. FREEMAN: I think it' s self explanatory. CHAIRMAN GOEHRINGER: Is there anybody else that would like to speak in favor of the application? Anybody like to speak against the application? While I have you here, how important is it to maintain that westerly sideyard? MR. FREEMAN: So that we can maintain the ample parking provisions on the other side, on the east side. CHAIRMAN GOEHRINGER: Thank you. Any questions from Board members? No questions from anybody concerning this application? I 'll make a motion approving it as applied for. All in favor - AYE. Southold Town . Board of Appe a' ls �/ •'Rey �:'+k L 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 : Variance from the Zoning Code , Article Section Variance from Determination of Southold Town Building Inspector XX Special Exception , Article VII Section 100-70B Special Permit Appeal No . :3774SE Applicant: H & S Associates Location of Affected Land : N/s Main Road, Cutchogue, NY County Tax Map Item No . : 1000- 102-2-24 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay , Sound or Estuary) X_ State or County Road , Parkway , Highway , Thruway Boundary of Existing or Proposed County , State or Federally Owned Land Boundary of Existing or Proposed County , State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines , or Within One Mile of a Nuclear Power Plant _ Within One Mile of An Airport . COMMENTS: Applicant is requesting permission to utilize proposed addition, maint-ainiig the westerly vard setback nartly for sales of auto parts, added storage and engine-rebuilding shop Copies of Town file and related documents enclosed for your review. Dated : October 13, 1988 Southold Town 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. September 21, 1988 SERGE DOYEN, JR. RGRERT 1 13OUG6ASS ' JOSEPH H. SAWICKI TO: Southold Town Planning Board Mrs. Valerie Scopaz, Planner RE: Matters Involving P.B. October Calendars For your convenience below is a list of our upcoming applications, some of which have been reviewed by your office,' (or will involve Planning Board jurisdiction) for subdivision or site plan projects. If you choose to submit written comments on any of these files, please transmit same to our office no later than October 5th. In the event that no response from you is received on or beforeOctober 5th, we will assume that you have no objection to the general layout of the project. t/H & S Associates 1000-102-2-24 (B-1 Zone Addition, etc. ) Robert and Diana Baker 1000-55-6-9 (Bed & Breakfast-see 100-30B for site-plan review) John Beebe 1000-103-3-5 (Subdivision) Cutchogue Farms Ltd. a/k/a Gristina Vineyard 1000-109-1-13, 1000-101-2-8 (Winery Proposal) . (We understand that maps were previously submitted to you. Please feel free to review our file at any time if necessary for your response to this coordination. ) lk s Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD October 6, 19 8 8 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN S.E.Q.R.A. CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION _pnQror i 99WQ nc JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO. : 3774 SE PROJECT NAME,: H &' 'S ASSOCI'ATES 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: [ Type II [g ] Unlisted [ ] Exempt DESCRIPTION OF ACTION: Construct .addition to existing building, main- taining the westerly nonconforming yard setback, for use partly for' sales of auto parts, storage- and engine-rebuilding shop LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: Main Road, . Cutchogue, NY 102-2-24 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) This is an application concerning use of premises and 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 NOTICE QF HEARINGS- NOTICE . 1S HEREBY 1 GIVEN, pursuant to Section 267 of the Town Law and the 8:00 Appl. No 3758—• . 8:40 pp Code of the Town of Southold, THEODORE KUDL.INSKI —C A 1. No. ;;.9:15 P.M. Appl. No 3776- 3 7 6 9 S E—D. (a/k U E HOWARD'AND MARGARET the followinghearings will be JR. Variance to .the. Zoning g FARMS LTD. (a/k/a GR1S- Special Exception held b the SOUTHOLD Ordinance Article.111, Section BRODIS• P to Y TINA VINEYARDS). Special the Zoning Ordinance, Article TOWN BOARD OF APPEALS 100-31 for permission to.con- � the to the Zoning Ordi- • at a Regular Meeting at the struct open deck addition with . Ill;Section 100-30B(15)for per- nance, Article I11, Section - mission to establish Accessory Southold Town Hall, Main an insufficient rearyard setback 100-30B for permission to es tab y Road, Southold, NY 11971, on from existing dwelling, at pre- Apartment in a proposed addi- lish Winery,at premises located tion to existingdwelling,. p THURSDAY, OCTOBER 6, mises known as 605 Highwood along the north side of the Main . g,at re- 1988, at the followingtimes: Road, "Highwood at Bayview" mises known as 435 Eastward Subdivision Lot No. 8, Road, Cutchogue,Parcel County Ct.,Mattituck,NY;County Tax 7:35 p.m. Appl. No. 3765— Tax .Map Parcel No. ' '_Ma Parcel No. 1000-115-7-9. JOSEPH SPITALIERE for a Southold,NY;County Tax Map 1000-109-01-13. P Parcel No. 1000-78-9-50. The Board of Appeals will at Variance to the Zoning Ordi- 8:50 p.m. Appl. No: 37n4 = ,�`said time and lace hear an and nance, Article 111, Section 8:05 p.m.ELSIE D.YOUNG. P Y DENIS O'BRIEN for Variances all. er 100-31 for the placement of a Appl. No.:.3760SE—Special p sons_,or representatives P to the Zoning Ordinance, Arti- desiring to be heard in each of new dwellingstructure with a re- Exception to the Zoning Ordi- g cle III, Section 100-31 and-Ar- the above matters.Written com- duced setback from the front- nance for permission to estab- ticle XI, Section 100-119.1 for. lish Accessory Apartment in an ments may•also,be submitted property line. Location of Pro- Y P permission.to erect tennis court riot to the conclusion of the petty: Right-of-way located. existing dwelling structure in ac- with 10-ft. .high fencing and . P along the east side of Cedar cordance with the requirements subject hearing. Each hearing. of Article III, Section requirements gazebo structure in an area other will not.start before the time al- Beach Drive, Southold, (just.., than the required rearyard, at lotted. For more information South of'General Wayne Inn subsection 15.Location of Pro-Y ) premises identified on the Suf- lease call 765-1809. and extending in an easterly and perty: 480 Grisson Lane, folk County Tax Maps as Dis- P thence southerly direction to this Southold,NY;County Tax,Map Dated: September 16, 1988. trio 1000, Section 3, Block 3," BY ORDER OF parcel identified on the Suffolk Parcel No. 1000-78-1-10.3. Lot 3 5 along Private Road,, THE SOUBYOLD TOWN Count Tax Maps as. ;Appl. No. 3761-V—Variance Y P Fishers Island, NY. 1000-90-4-14. to the Zoning Ordinance, Arti-• .BOARD OF APPEALS cle III, Section 100-30B 15 M 8:55 p.m. Appl. No. 3778— GERARD P. GOEHRINGER, 7: N A Appl. DRo. CUR- ( ll 1 BRETT AND JANET KEHL— CHAIRMAN FRANK AND SANDRA CUR- to allow conversion of dwelling Variance to the Zoning Ordi- RAN for a Variance to the Zon- for Accessory Apartment with By.Linda Kowalski 3S nance, Article 111, Section 1X,'9/29/88 50 ing Ordinance,Article III, Sec- Certificate of Occupancy dated ( ) after January 1, 1984,although 100-32 and removal of Condi- tion 100-31 for construction of [ions rendered under Appeal 1, a pool with deck and fence en- Affidavit of Building Inspector No. 3641 on June 18, 1987 in 1 closure with an insufficient indicates dwelling met, the.. order to allow conversion of the frontyard setback and excessive. requirements for a Certificate of 1 subject building as livable area lot covera a(over percent),at Occupancy had application �;, •, g ( P ), in proposed reconstruction plan � `J�! premises known as 780 Hay- been made in a timely fashion. Y of dwelling,at premises known waters Road, Cutchogue, NY; Location of Property:480 Gris- g � as 5500 Main Bayview Road County Tax Map Parcel No: son Lane,Southold,NY;Coun- Southold,NY;County Tax Map ` 1000-111-01-016. ty Tax Map Parcel No. Parcel ID No. 1000-78-4-32. 7:45 p.m. Appl. No. 3763— 1000-78-01-10.3. 9:05 p.m. Appl. No. JOHN J. JESSUP for a Vari- 8:15 p.m.JOHN T. BEEBE—G 3774SE—H&S ASSOCIATES. ance to the Zoning Ordinance, Variances to the Zoning Ordi- Special Exception to the Zoning , Article 111, Section 100-31 for nance, Article 111, Section Code, Article VII, Section construction of an addition at 100-31 for approval of insuffi- 100-70B.for permission to con- the westerly side of the existing cient area and width of two pro- struct addition to posed parcels in this proposed .existing` building,(maintaining:the west- total sideyards, at premises set-off division of land,located erly yard setback)*for 'use part- known as 90 East Road,Cutch- along Beebe.Drive,.Cutchogue, ly for sales of auto parts,added_ ogue,NY;Count Tax Ma Par- =: NY;County TPax•Map:Parcet No. y P 1000=103-3-part of Lot 5. storage, and engine-rebuilding. cel No. 1000-110-7-15. sh 7:50 p.m. Appl. No. 3759— 8:20 p.m. ROBERT AND DI- op,at premises located along ANNA BAKER.Special Excep- the north side of the Main TONY SCARMAIU. INC. for tion to the Zoning Ordinance Road, Cutchogue, NY; County a Variance to the Zoning Ordi- Tax_ Map Parcel No. nance, Article X1, Section Article 111,Section 100-30B(16) 1000-102-2-24. 100-119.2 for approval of gazebo for permission to establish Bed -- structure with an insufficient! and Breakfast establishment in setback from an existing bulk' an existing dwelling,at premises head along PecOnic Bay,at pre- known as 2900 Boisseau.Ave- mises known as 235 nue,Southold,NY;County Tax Huckelberry Mill Road, East Map Parcel No. 1000-55-6-9. Marion, NY; County Tax Map 8:30 p.m. Appl. No. 3779—. Parcel No. 1000-31-16-9. PETER AND DESPINA MAR- 7:55 p.m. Appl: No. 3755SE KOPOULOS for a Variance to TIMOTHY COFFEY AND the Zoning Ordinance,.Article THE COVE AT SOUTHOLD III, Section 100-31 and prior Special Appeal No. 3623 rendered May Exception to the 11, 1987 for approval of struc- Zoning Ordinance, Article I11, ture(s)with reduced sideyards,at I Section 100-30C, for permission premises known as Lot #16, to erect off-premises sign.Loca- Captain Kidd Estates,along the tion of Property: South Side of south side of Sound Beach Main Road, Southold, NY;County Tax Map Parcel No. Drive,' Mattituck, NY; County I i 1000-75-06-7.3. (Recessed from Tax Parcel No. 1000-99 Map Map Prior Meeting). COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for . . . . . . . . . . . . . . . . . . . . . . . . . . . weeks successively, commencing on the . . . . . . . . . . .�9. d oe, 9. _...,-.1. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i . . . . 1. f. r. � E Sworn to before me this . . . . . . . . . .a. . . , , . , , , day of E . . . . . . 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . Notary P lic ICA'EN W. EOERGESSON NOTARY U"'IC, State of Now York No. 4.142180 Qualified in Suffolk County Commission Expires 43 i I I iron of eropetty:auuu,o,uc v� Main Road, Southold, 'NY-, south side 'of 'souna tseacn .- .._... �.. .,---_-. _ Drive Mattituck.'NY: C rn,nry•I regal Notices cial Exception to the Zoning Ordi- Map Parcel No.1000-55-6-9. nance,Article III.Section_100-30C, 8:30 p.m.Appl.No.3779—PF- for permission :ct off=premises TER AND DESPINA M/ NOTICE OF HEARINGS sign. Locatiot 'roperty:•South OpOIJL_0 for a Variance t NOTICE IS H_VEBY"GIVEN, Side of Main tcoaa, Southold;NY; :ursuant to Seotip'f."267 of the Town County Tax Map Parcel No. 1000-. Zoning Ordinance,Article III,Section 75-06-7.3 a 100-31 and prior Appeal No. 3623 SS: aw and the Code of the Town of: (Recessed from Prior ;outhold,the following hearings will Meeting). rendered-May 11, 1987 for approval of,structures)with reduced sideyards, �e held by the SOUTHOLD TOWN 8:00,p.m:'Appl.* No. 3758 • > at premises known as.Lot #16, IOARD OF APPEALS at a Re ar THEODORE KUDLINSKt. JR':":"" gyi ;:Captain Kidd Estates, along south Jeeting at the Southold Town Hall, " .,.'.Variance to the Zoning Ordinance, . '.'s side of Sound • Beach Drive, ntento of Mattituck, In Jain Road,Southold,NY 11971,on. 'Article III,Section 100-31 for per- • `;,'Mattituck, NY;.County.Tax Map 'HURSDAY.OCTOBER 6. 1988 at mission to construct open deck addi= parcel No.1000-99-1-24::. . ly Sworn,Says that he/she Is Principal .ie followingtintes' - tion with an insufficient rearyard set-, :, 8:40 p.m. Appl. No.'3769SE= LK TIMES, a Weekly Newspaper, 7:35 m. A 1. No. 3765 — -back from existing dwelling, at P PP CUTCHO ,11E FARMS LTD.(a/k/a OSEPH SPTI'AL>FRF for Variance - Premises known as 605 Highwood ;..• - in the Town Of Southold, County Of Road, "Highwood at Bayview": GRISTINA VINEYARDS).Special o the Zoning Ordinance,.Article III, Subdivision Lot No. 8, Southold; Exception to the Zoning.Ordinance, ew York,and that the Notice of which 'ection 100 31 for the placement of a NY; Count Tax Ma Parcel Na..., Article III,Section 100-30B forper- ew dwelling structure with a reduced y P mission to-establish Winery, at copy,has been regularly published in ztback from the front r line. 1000-78-9=50 p° 3:05 p:m ELSIE D.'YOijNG, ;,' Premises located along the north side e each week for 1 weeks ovation of Property:Right-of-way . a. .A 1.No..3760SE=Special- of the Main Road, Cutchogue,NY; neing On the 2 9 day of x:ated along the east side of Cedar PpCounty Tax Map Parcel No. 1000- leach Drive,Southold,(just south of Exception to the Zoning Ordinance for permission to establish Access 109-01-13.'. ;eneral Wayne Inn)and extending in Accessory l�:50 p.m. Appl. No. 3764 — n easterly and thence southgrly Apartment in an existing dwelling pS O•BRl N for Variances to the irection to this parcel identified on:: structure in'accordance with there= 100-30ents of Article III, Section Zoning Ordinance,Article Section Section �Mdyf u Suffolk County Tax Maps as 100-30B,subsection 15.Location of. ` 100-31 and Article XI,Section 100- 000 90 4-14. property~ 480 Grissom Lane; 119.4 for permission to'erect tennis 7:40 p.m.'Appl. No. 3768 = Southold, NY; Count Tax Ma �-�court;with 10-ft. high,•fencing.,and. RANK AND SANDRA 1RRAN y p, gage structure in an area other than x a Variance to the ZoningOrdi= :: `Parcel No.1000-78-1-10.3. Principal Clerk Appl.No.3761-V—variance . '" the.required rearyard, at premises ance,Article III,Section 100-31 for identified on the Suffolk County Tax to the Zoning Ordinance,Article III; instruction of a pool with deck and 'Maps as District,1000, Section 3,Section 100-30B(15)(M) to allow q ,nee enclosure with an insufficient `.Block 3,Lot 3.5,alon Private Road, conversion of dwelling for Accessory g ontyard setback and excessive lot panCericat of Occu hers,Island,NY.par Hs g overage (over 20 percent),. at..* panty dated after January I,191 a1= `8:55• p.m. Appl. No. 3778 — remises known as 780 Haywaters. though Affidavit of Building Inspector -BRETT AND JANET KEH — 1g MARY K.DEGNAh oad,Cutchogue,NY, County Tax indicates dwelling met .the•re= Variance to the Zoning Ordinance, Iap Parcel No.1000-111 01-016. g Article III,.Section 100-32 and re= NOTARY PUBLIC,State of New York 7:45 p.m. Appl. No.•3763 T. 9uirements for a Certificate of Occu %' Suffolk County No.4`�4 860 panty had application been made in a j; 'moval of Conditions rendered under Ij� r-rm Expires Febr,�ar)r,YS�19.�v 2HN J.JESSUP fora Variance to timelyfashion.Location of Pr Appeal No.3641 on June 18, 1987 "�� (( r ie Zonin Ordinance, Article.III; .` property-- g '•.i=480 Grissom Lane, Southold, NY; in order,to allow conversion of the. action 100-31 for construction of an County Tax Map Parcel No. 1000= .subject building as livable area in ldition at the westerly side of the ' 78-01-10.3. :'- proposed reconstruction plan of fisting dwelling with a reduction in'.:• 8;15 p.m. JOHN T. B .F.EF- dwelling,at premises known as 5500 e total sideyards,at premises known variances to the Zoning Ordinance; Main Bayview Road,Southold,NY; 90 East Road, Cutchogue, NY; g Article III,Section 100-31 for ap- ,: 'County Tax Map Parcel ID No. ounty Tax Map Parcel No. 1000- 1000-78-4-32• 10-7-15. ;proval of insufficient area and width _9;05 m.Appl.No.13774SE:—of two proposed parcels in this pro-•. P PP• Ii 7:50 p.m. Appl. No. 3759 —' /'gr S,ASSOCIATES Special Ex- ONY SCARMATO INC..fora •.:-.;,Posed set-off division of land,located.'- ::a. P , along Beebe Drive,Cutchogue,NY; `i cep on to the Zoning Code,.Article ariance to the Zoning Ordinance; `County Tax Map Parcel No."lOpO_.: ,;VII,Section 100-70B for permission rticle XI,Section 100-119.2 for ap-•15 103-3-part of Lot 5. :.- 'Yto construct addition to existin oval of gazebo structure with an. $;20 p.m. ROBERT AND DI=.'` rbuilding, (maintaining the westerl sufficient setback from an existin g ANNA BAKER.Special Exception t4" yard setback)for use-partly for sales ilkhead along Peconic Bay, at the Zoning Ordinance,'Article III, of auto parts;added storage,and en- m zmises known as 235 Huckelberry Section 100-30B(16)for permission gine-rebuilding shop,'at premises lo- ill Road,East Marion,NY;County ., to establish Bed and Breakfast estab= sated along the north side of the Main ' ix Map Parcel No.1000-31-16-9. :,1ishment in an existing dwelling, at Road,Cutchogue,NY;.County Tax 7:55 p.m. Appl. No. 3755SE.— "'"premises known as 2900 Boisseau"." Map Parcel Not1000-102-2-24. MOTHY COFFEY AND THE 9:15 p.m. Appl.. No. 3776 — "t Avenue,Southold,NY;County Tax' WE AT SOUTHOLD,INC.Spe- HOWARD AND MARGARET BRODIS.Special Exception to the ;.':muted prior to the conclusion of the Zoning Ordinance,Article III,Section subject hearing.Each hearing will not 100-30B(15)for permission to estab- .'-start before the time allotted. For lish Accessory Apartment in a pro- more information, please call 765- posed•addition to existing dwelling,at 1809. prerptses knotbn as 435 Eastward Ct., Dated:September 16,1988. Mattituck, NY; County Tax Map BY ORDER OF Parcel No.1000-115-7-9. THE SOUTHOLD TOWN The Board of Appeals will at said BOARD OF APPEALS time-and place hear any and all per- GERARD P.,GOEHRINTGER, sons,or representatives desiring to be CHAIRMAN heard in each of the above matters. - By Linda ICowalski Written comments may also be sub- 6071-1TS29 khh Southold Town Board ofAppeals 0,� P.r `rO, 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, 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. Someone should appear in your behalf during the public hearing. Questions may arise from Board Members or persons in the audience during the hearing. Your hearing is expected to start at the time advertised in the Legal Notice, and you will not be required to appear earlier. Please feel free to call our office prior to the hearing date if you have any questions or wish to review your file. Yours very truly, GERARD P. GOEHRINGER lk CHAIRMAN \ F 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. 4901:W r 'Q1-IG SS JOSEPH H.SAWICKI James Dinizio, Jr. ACTION OF THE BOARD OF APPEALS Application of H & S ASSOCIATES for a Special Exception to the Zoning Ordinance, Article VII, Section 100-70B - for permission to utilize proposed addition, maintaining the westerly yard setback, partly for sales of auto parts, added storage, and engine-rebuilding shop, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-2-24. WHEREAS, a public hearing was held and concluded on Thursday, October 6, 1988, in the Matter of the Application No. 3774SE; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application pursuant to the requirements of Article VII, Section 100-70B for a Special Exception utilizing premises with a proposed addition partly for sales of auto parts, added storage and engine rebuilding. 2. The subject premises consists of a total area of approximately 19.60 acres, a portion of which is presently zoned Page 2 - Appl. No. 3774 Matter of H & S ASSOCIATES Decision Rendered September 16, 1988 "B-1 General Business" along the north side of the Main Road, in the Hamlet of Cutchogue, all more particularly identified on the Suffolk County Tax Maps as District 1000, Section 102, Block 2, Parcel 24. 3 . Submitted for consideration are the July 23 , 1988 Site Plan and Survey Map dated May 21, 1980 prepared by Roderick VanTuyl, P.C. depicting the proposed addition and the existing buildings. The addition as proposed is shown to be at the north (rear) section of the existing building extending a total of 110+-_ feet and maintaining the same nonconforming setback from the westerly (side) property line at approximately 18 feet, pursuant to the subject Site Plan Map. . 4. It is noted for the record that reviews have been made and are pending by the Planning Board indicating their general acquiescence with the building and parking layout. 5. In considering this application, the Board finds and determines that: (a) the use requested will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent-use districts; (b) the use will not adversely affect the safety., health, welfare, comfort, con- venience or order of the Town; (c) the use is in harmony with and will promote the general purposes and intent of zoning. 6. The Board has also considered subsections (a) through (1) of Article XII, Section 100-121C( 2) of the Zoning Code in making this determination. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Special Exception as applied for the auto ,parts sales, added storage, and engine rebuilding uses, as shown by the July 23, 1988 Site Plan Map submitted in the Matter of Application No. 3774 - H & S Associates. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Doyen. (Member Sawicki was absent due to serious family illness. Member Dinizio abstained. ) This resolution was duly adopted. GERARD P. GOEHRINGER CHAIRMAN lk c U1 +ati ter ° K Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 1 � TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. October 7 1988 ROME= i nnnri ncc i YSEPHf{�SAWICKI ames U7n1z1o, Jr. H & S Associates, Inc. P.O. Box 915 Cutchogue, NY 11935 Re: Appl. No. 3774 - Special Exception Gentlemen: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals. A copy of same has also been furnished with the Building Inspectors` and Planning Board Offices for their files. Please be sure to return to the Planning Board, Building Department, and any other agencies for issuance of appropriate approvals and permits which are deemed necessary pursuant to law. 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 Planning Commission Mr. Gerald Goehringer `�h�'�� Chairman Zoning Board of Appeals Town of Southold Town Hall Main Road Southold, N. Y. 11971 Re : District � a Section Block .2Y Lot Dear Mr. Goehringer and Members of the Zoning Board of Appeals: The undersigned are the owners of premises located "on the northerly side of the Main Road, Cutchogue, New York, adjacent on the west to property of Pinewood Perenial Gardens (H. Reinecker and Sandy Freeman) . We understand that our neighbor aforesaid has .. made application to your Board for a variance to place certain structures close to our westerly lot line. Please be advised that our home is on our property and my family and the undersigned reside thereon. We strongly object to any variance relative to side line or lot line set backs being reduced beyond the limits allowed in the Southold Town Zoning Code. Very truly yours, %Joh-i G. Scott, III Sandra J. Scott / kf COUNTY OF SUFFOLK lid PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E. KOPPELMAN 360-5206 DIRECTOR OF PLANNING October 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) 46hn T. Beebe 3739 oseph Spitaliere 3765 1�r& S Associates 3774 Very truly yours, Lee E. Koppelman Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb 4 VETERANS MEMORIAL HIGHWAY HAUPPAUGE.L.1.. NEW YORK 1 1768 (51 6)360-51 92 NA d lei? ZO _ r Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 R a TELEPHONE <6 (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Southold Town Board of Appeals FROM: Southold Town Planning' Board DATE: October 4, 1988 RE: H & S Associates, Robert and Diana Baker, John Beebe, Cutchogue Garms LTD. a/k/a Gristina Vineyard H & S Associates (Rienecker and Friemann) 1000-102-2-24 Please see correspondence to Mr. Friemann from Planning Board dated 10/4/88 which recommends that he pursue a Special Exception to expand a non-conforming use. Robert and Diana Baker 1000-55-6-9 The Planning Board has no jurisdiction John Beebe 1000-103-3-5 The Planning Board has no comments, however, would like to note that this is located within the approved subdivision Moose Cove at East Cutchogue, which contains predominantly half acre lots. Cutchogue Farms Ltd. a/k/a/ Gristina Vineyard 1000-109-1-13 The Planning--Board finds the plan dated as amended 8/16/88 acceptable. Please see colored map submitted by the applicant which locates the existing vegetation to be supplemented with an evergreen buffer. !l� Y e ��c�VFF�C��OG JAMES A.$CHONDEBARE V3 Town Hall, 53095 Main Road TOWN ATTORNEY ' P.O. BOX 1179 Southold, New York 11971 ROBERT H.BERNTSSON TELEPHONE ASSISTANT TOWN ATTORNEY (516)765-1939 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD TO: Supervisor Murphy FROM: Robert H. Berntsson, Assistant Town Attorney DATE: Sept. 26, 1988 REF: Rienecker and Friemann You have inquired as to the required setback for the _ expansion of a building which preexists zoning and does not meet the required minimum setbacks of the Bulk and Parking Schedule. Since the existing building did not meet the minimum requirements, the same is a nonconforming structure. Any enlargement or expansion at less than the minimum requirements would be an expansion of a nonconformity. Such expansion requires approval by the Zoning Board of Appeals. Please feel free to contact me if you have any questions. cc: Planning Board ng Department ZBA RHB:jas Y oc��FFOLKc� VICTOR LESSARD EXECUTIVE ADMINISTRATOR L Town Hall, 53095 Main Road (516)765-1802 'YO P.O_Box 1179 Southold,New York 11971 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD September 27 , 1988 TO : Zoning Board of appeals FROM: Building Department SUBJECT : Side yard set-backs co- the Building Department ' s position with reference to side yard set-backs is , and has been since zoning was established , as follows : Any building that existed prior to zoning and not conforming to present Bulk and Parking requirements , (which have been changed periodically by Town Board resolutions) are non-conformities . The policy and procedures followed by this department , since the inception of Zoning, has been to allow the applicant to add on or extend structures , within that non- conforming set-back, provided they do not further encroach on the side line set-back . This is very prevalent in the Business and Residential areas . I trust this 'clarifies the present position of the Building Department . VGL :hdv "to Town Hall, 53095 Main RoadE � � P.O. Box 1179 � �� 4 Southold, New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFIC-4� TOWN OF SOUTHOLD �✓ 09/17/88 NEGATIVE DECLARATION Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act and 6NYCRR part 617, Section 617, Section 617.10 and chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board, as lead agency for the Unlisted action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The site plan for Henry Rienecker & Sanford Friemann located on the Main Road at Cutchogue. SCTM *1000-102-2-24. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effects to the. environment were likely to occur should. the project be implemented as planned. Further information can be obtained by contacting Jill M. Thorp, Secretary Southold Town Planning Board, Main Road, Southold, NY 11971. Copies mailed to' the following: Suffolk County Department of Health Services Suffolk county Planning Commission NYS Department of Environmental Conservation Thomas C. Jorling, DEC Commissioner Town Board Judith Terry, Town Clerk Building Department Board of Appeals Board of Trustees Applicant Planning Board �O��FFD�CD JAMES A.SCHONDEBARE Town Hall, 53095 Main Road TOWN ATTORNEY • P.O. BOX 1 179 ROBERT H.BERNTSSON y�0.� � Southold, New York 11971 TELEPHONE ASSISTANT TOWN ATTORNEY (516) 765-1939 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD TO: Gerry Goehringer, Chairman, ZBA FROM: James A. Schondebare, Town Attorney DATE: August 22, 1988 REF: Pending Site Plan Applications A retail store is allowed in a B-1 district under Section 100-70 A. ( 1) (c) , which refers back, to Section 100-60 A( 2) to ( 9) of the B-Light Business District. Section 100-60 A( 4) allows as .a permitted use, retail stores. Hence, retail store is a permitted use in the B-1 zone, subject only to site plan approval. The Code specifically states that an auto repair shop is a principal use allowed in the B-1 zone by special exception of the Board of Appeals under Section 100-70 B( 4) . This Section mentions "public garages" . The term is specifically defined in Section 100-13 as follows: Garage, Public - A building, other than a private garage, used for housing or care of . gasoline or other power-driven vehicles, or where such vehicles are equipped for operation, repairs, or kept for remuneration, hire, or sale. I concur with your opinion that the creation of an auto repair shop would be a second principal use on the premises, and not accessory. Also, the establishment of an auto repair shop needs a special exception by the Board of Appeals. ut S � So thold Town Board of Appeais . `• "0 " �j�� MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I,, N.Y. 11971 1 I TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. -013 JOSEPH H. SAWICKI INTERDEPARTMENTAL MEMORANDUM TO: James A. Schondebare, Town Attorney FROM: Jerry Goehringer, Z.B.A. Chairman DATE: August 18, 1988 . SUBJECT: Pending Site-Plan Application Sanford H. Frieman d/b/a H & S Associates Auto Parts Store, N/s Main Road, Cutchogue B-1 .Zone District The attached inquiry was recently received by our office. It is our understanding that the Planning Board has a site-plan application pending for a substantial addition to the auto parts store, and the uses of the addition are varied. We feel that although the auto parts store was permitted for retail use, without the necessity of a special exception, that the creation of the engine repair shop constitutes a second principal use (rather than an accessory use in part of the principal building) . Such use does appear to fall within the category of Section 100-70B( 4) or (6) , both of which require Special Exception approval by the Board of Appeals. Before confirming the above with Mr. Friemann, we ask your Position concerning same. Augustl0 , .1988 Southold Town Z.B.A . To Whom it May Concern : A proposed site plan is presently before the Town Planning Board , awaiting approval for 'a proposed addition to Cutchogue Auto Parts . The intended us_e for this addition which is -48 ' x100 ' is as follows : approximately 1/3 or 48 'x32 ' for added storage for the auto parts store , and 48 'x68 ' or 2/3 "for an engine repair shop , where all work will be done on the inside of the building . Presently starterf, generators and alternators are being repaired on this site , which is located on the corner of Sterling Lane and RTE 25 in the hamlet of Cutchogue , and. is zoned B-1 . The intended use of this new additon will be within the permitted use of B-1 property zoning . The Suffolk County tax map # is 1000-102-24 . We would appreciate your checking this situation for us and give us a letter stating that the above is in fact within the allowable course of business within the B-1 zoning laws , so_ that we can proceed with our proposed addition without further delay;. S},Wcerely You. s , _. Sanford H . Friemann H & S Associates Box 915 Cutchogue , NY 11935. 734-6911-6912 ` ' � . RECEIVED AUG 2 1988 - STARKIE BROTHERS CUSTOM LANDSCAPING INC. 721 MAIN STREET FARMINGDALE, NEW YORK 11735 Sr++ltf�n,^� ?,%, CiPrk 516-293-7148 August 22, 1988 SOUTHOLD TOWN CLERK' S OFFICE Main Road Southold, NY 11971 Re: Special Exception For "H & S" Associates, P. O. Box 915, Cutchogue, NY 11935: : To Whom It May Concern; Please let the record show that John & George Starkie, owners of adjacent property ( 1750 Sterling Lane ) to the above, have no objections. Thank you for your cooperation. Sincerely, George H. Starkie cc: H & S Associates GHS/ch t, Copies to the following,on or about 9/21/88: Mr. Joseph Spitaliere (picked. .up .personally 9/21/88) Environment East, Inc. as Agent for Frank and Sandra Curran as Agent for John J. Jessup 3075 Indian Neck Lane Peconic, NY 11958 J. Kevin McLaughlin, Esq. as Attorney for •Tony Scarmato, Inc. 828 Front Street, Greenport,_ NY 11944 Mr. Wilbur Klatsky, The Cove at Southold, 5044 Expressway Drive South, Ronkonkoma, NY 11779 Mr. :and Mrs. Alvan Terry, Box 35, Main Road, Peconic, NY 11958 Re: . The Cove at Southold - Sign Mr. Theodore S. Kudlinski, Jr. .605 Highwood Road, Box 1052, Southold, NY 11971 Mrs. Elsie D.. 'Young 480 ,Grisson Lane, Southold, NY 11971 Abigail ,A. Wickham, Esq. as. Attorney for John T. Beebe Main Road, Box 1424, Southold, NY 11971 Mr. and Mrs. Robert Baker 2900 Boisseau Avenue, Southold, NY 11971 Mr. and Mrs. Peter Markopoulos 605 Sound Beach Drive,. Mattituck, NY 11951 Richard F. Lark, Esq. as Attorney for Cutchogue Farms Ltd. Main Road, Box 973, Cutchogue, NY 11935 J. Kevin McLaughlin, Esq. as- Attorney for Petrol Stations Re: Cutchogue Farms Ltd. 828 Front Street, Box 803 Greenport, NY .11944 Mr. Allan P. Shope as Architect for Denis O'Brien 18 West Putnam Avenue Greenwich, CT 06830 Mr. and Mrs. Brett Kehl 5500 Main Bayview Road Southold, NY 11971 , Mail List continued for October 6, 1988 Legal Notice: /H & S Associates P.O. Box 915 Cutchogue, NY 11935 Mr. and Mrs. Howard. Br_odis 435 Eastward Court Mattituck, NY 11952 Suffolk Times, Inc. Main Road Mattituck, NY 11952 L.I. Traveler-Watchman, Inc. Traveler Street Southold, NY 11971 Individual ZBA files ZBA Members Building Department (V. Lessard) Supervisor and T.B. Members Town Attorney Town Clerk Bulltin Board (west side) Z.B.A. Bulletin Board (east side) Town Hall, 53095 Main Road �e- �� P.O. Box 1 179 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: August 30, 1988 Transmitted herewith is Zoning Appeal No. 3774 application of H 8 S Associates for a Special Exception. Also included is Notification to Adjacent Property Owners; Short Environmental Assessment Form; Certificate of Occupancy for Non-conforming Premises; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk J. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) ecial Exception Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: S2'ej rz/f 4'z-D :sq?bP 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article {/// Section /D© 70 43 [ ] 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: o Petitioner Owners Names C/ Post Office Address Pc7 xo�__ �S Tel . No . ( s/6 ) 7-27Y_ C // [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] ! Yam$! PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS STATE OF NEW YORK ) ss.: COUNTY OFSUFFOLK) being duly sworn, deposes and,says that on the 19 day of 19 �,.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 eyrcMo6 Pal�F -,,,41_,7 • d9 3-5— ; that said Notices were ailed to each of said persons by ,.(certified) (registered) mail. A Sworn to fore me this day , 19 Notary Public BARBARA M. 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A :' t' 1' /.r G " s l ,14.16-4(2/87)—Text 12 -+ PROJECT I.D.NUMBER 617.2 SEAR 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. AP�PLLICPNT/SPONSOR 2. PROJECT NAME 3. PROJECT LOCATION: Municipality 1116LI;o 120e¢P (fa7z fbG2�N County S 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) 5. IS PROPOSED ACTION- - ❑New pansion ❑Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: �c7s7•—rn�6 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8. WIL�,PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? j�YYes ❑No If No,describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ❑Residential ❑Industrial commercial ❑Agriculture ❑ParklForest/Open space ❑Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCALXN )? El Yes o If yes, list agency(s)and permit/approvals 11. DOES ANY ASP OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? • ❑Yes o If yes, list agency name and permit/approval 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 Applicant/sponsor name: Date: Signature: /v ( 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 L-y this ;)oard 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 NCy 2. Will there be a major change to any unique or �O unusual land form on the site? _Yes No i 3. Will project alter or have a large effect on an existing body of water? Yes ✓No 4. Will project have a potentially large impact on groundwater quality? Yes -INo 5. Will project significantly effect drainage flow on adjacent sites? Yes LNo 6. Will project affect any threatened or endangered plant or animal species? Yes No 7. Will project result in a major adverse effect on air quality? Yes ✓No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas i known to be important to the community? Yes No 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 ci No 10. Will project have a major effect on existing or future recreational opportunities? Yes r/No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? Yes 'No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes "-'No 13. Will project have any impact on public health or safety? _Yes (/No 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 1/No period or have a major negative effect on the characte— of the community or neighborhood? 15. Is there public roversy conc rning the project? � _Yes No Preparer's Signature- Representing: /V 0 1�5- Date: ZBA 9/75 . ' CONAULI YOUR LAWYE R 07 11 SIGNING TIIIS INSTRUMIIIT•t1113 INSTRUMINT SIIOULD If USID BY LAWYIRS ONLY THIS INDENTURE,made the 17 th day of June , nineteen hundred andeighty BETWEEN WILLIAM B. STERLING, residing at (no #) Harbor Lane, Cutchogue, New York - party of the first part,and Sanford H. Friemann, residing at (no #) Pinewood Ro, Cutchogue, New York and Henry F. Rienecker, residing at (no #) East- wood Road, Cutchogue, New York, as tenants in common, 'each as to an undividea 1/2 interest. i 48 ' nnll VL E'STiATE q�v / A party of the second part, JUN 2 0 wo WITNESSETH, that the party of the first part,in consideration of TRANS MR TAX r ------ m-TEN--------------------------- S'Ur"POL'K ' COU+NTY dollars, Y L �j lawful money of the United States, paid by the party oft.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, /000'` ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and beingxxVm at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: 10a BEGINNING at a point in the northwesterly side of Main. Road and the --- --- , southwesterly corner of land of S & E Realty Company; l`��.•�„_j RUNNING THENCE South 51° 28 ' 10"- West along the northwesterly side Main Road 132.0 feet; THENCE along land of Scott �� Ol (1) North 43° 17 ' 50" West 1,320.-0 feet; (2) North 51' 28 ' 10" East 132 .0 feet; LG'! (3) North 43° 17 " 50" West 556 .0 feet to land of Paul Orlowski; THENCE North. 470 11' 10" East along land of Paul Orlowski 544.42 feet; THENCE South 430 38 ' 30" East along land of Imbriano 1,240.19 feet to land of New York Telephone Company; THENCE along land of New York Telephone Co: and land of S , '&' E Realty. Company South 47° 06 ' 20" West 551.90 feet; thence along land of S & E Realty Company South 43' 17 ' 50" East � = . 635 .08 feet to the northwesterly side of Main Road, the point" or place of BEGINNING. TOGETHER with a right of way 11 feet in width over land of G. T. Billard Estate and partly along other land of Sterling along the ' northeasterly line of the premises extending from the Main Road northwesterly ..770.08 feet; - SUBJECT TO a right of way 11 feet in width adjoining said land of G. T. Billard Estate along the northeasterly line of said premises and extending from the Main Road northwesterly ad istance of 635 .08 feet and continuing along other land of . Sterling 135 .0 feet; and co 'tinuing_ northwesterly at a width of 22 feet a distance of 549.92 fe. and continuing further northwesterly at a width of 11 feet a distan of 556 .0 feet. SUBJECT TO- rights of way of others in 22 foot right of way'. as shown on survey of- Van Tuyl & Son . dated July .6 , 1971. STATE OF NEW YORK, COUP^F Suffolk ss, STATE OF • .�11 YORK, COUNTY Of Suffolk $31 On the 17 thday of June 1980 , before n1e On the 17 th day of June 1980 , before me personally came William B. Sterling personally game an ord H. Friemann and 1 , .., _ • . . • . Henry F. •Rienecke'r t - to me known to be the individual described in and who to me known to be the individuals described in and who executed the foregoing.instrument, and acknowledged that executed the foregoing instrument, and acknowledged that he executed the same: " they executed the sa Notary Pub Notary Public A TARY PUXB C Statep New Yolk DAMML M. SCHAEPYCk ark �•. No. J'=4,5'jq�1 j NOTARY PUBLIC, State of New Y Ouolified in Suffolk County (�,r No. 52451A511 Term Expires Mag 30� 1t•- t Qualified in Suffolk County / Term Expires March 30, 19._ STATE OF NEW YORK, COUNTY OF SS: STATE OF NEW YORK, COUNTY OF SS: On the day of 19 , before me On the day of 19 , before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he is the ; of that he knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. ioargain and J$ttlr Dub WITH COVENANT AGAINST GRANTOR'S ACTS SECTION -TITLE NO. BLOCK . LOT WILLIAM B. STERLING COUNTY OR TOWN TO SANFORD F. FRIEMANN and Recorded at Request of HENRY H. RIENECKER STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Return by Mail to Recorded BY: Richard Cron, Esq. LF--1IFE TITLE INSURANCE Main Road Company of New York 127 w.main street Cutehogue, N. Y. 11935 Riverhead, N.Y.11901 ec- II Return to: Zip No. I C) _r U. O tD •I Z i0 . C1 LU .0 �. LL LU .; J - OC O LL v �S Ln ,,, - - OC ' W N W . tY '1 - .• - Y QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WETH YOUR APPLICATION POMS TO THE BOARD Or APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms . If "Yes" is answered to any questions below, please be sure to depict .these areas on your survey (or certified sketch) , to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes No 2 .a) Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference. ) Yes b) Are there any areas open to a waterway without bulkhead? Yes No 3. Are there existing structures at or below ground level, such as patios , foundations, etc? Yes 4. Are there any existing or proposed fences, cpncrete barriers , decks, etc? Yes o 5 . If project is proposed for an accessory building or structure, is total height at more than 18 fpet� above average ground level? State total: . . . . ft. Yes No 6. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: . . ft. Yes NO 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes No 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any) ? Yes 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 es No Town Board es No Town Trustees Yes No County Health Department Yes No Village of Greenport Yes No N.Y.S.D.E.C. Yes No Other Yes No 10 . Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Yes No 11. Is new construction proposed in the area of contours O at 5 feet or less as exists? Yes No 12 . If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level , have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. .97 of the Town Code? Yes No 13. Please list present use or operations conducted upon the subject property at this time Q11bZLS,0rC_',e,c110=L !taro AATS and proposed Please submit photographs for the record. I certify that the above statements are true and are being submitted for , reliance by the Board of Appeals in con ' ering my a plication. Signature (Property Owner) - el�,�horAlzed Agent 1/88 t 1 1.7 WETLANDS (Amended 8-26-76 by L.L. No. 2-197G 3-2G- 85 by L.L. No.6-19851: r A. TIDAL WETIANDS: (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 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 anci 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 immediate) , defined in Subsection•A(2) and tlying lwithinwetlse enand s ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETI,ANI)S: (1) "Freshwater wetlands" as defined in Article 24, Ti- tie 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.1"freshwater wet- land,"as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a"freshwater wetland." ( 9705 x.2s-H5 ULte a ,,, VICTOR LESSARD Hall,\\ EXECUTIVE.ADMINISTRATOR � `:•.u, Town , 53095 Main:Road P.O. Box 1179 (516)765-1802 ✓ ;:' Southold,New York 11971 OFFICE OF BUILDING INSPECTOR M 12 TOWN OF SOUTHOLD D :' AF V LS RD A N TO: Bennett Orlowski, Planning Board Chairman/ FROM: Victor Lessard, Executive Administrator Yie� SUBJECT: Rienecker/Frieman 102-02-24 DATE: August 1, 1988 Revised site plan now .indicates machine shop instead of all storage, and must be considered a shopping center(100-62) . This requires Special Exception from the, Zoning Board of Appeals. If the new structure does not encroach any more than the present structure, variances would not be required for bulk & parking. A S.E.Q.R.A. determination would have to be made. A Right-of-Way and the drainage needs to be addressed, at least to the north end of the parking area. Possibly a drain • could be designed in the new rear parking area to satisfy any water problems from the Right-of-Way. A revised site. plan is required.VL/lmr Town Hall 53095 M ain Road ��•�� ;�}� ,� .,;y, , P.O. Box 1179 Southold, New York 11971 TELEPHONE �^'"�•'•••�' (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD M EM O R A N D U M TO: Victor Lessard FROM: Planning Board RE: Rienecker/Friemann, SCTM# 1000-102-2-24 DATE: July 29, 1988 Enclosed please find a copy of the proposed plan for the above mentioned site plan. We have been .notified by the applicant that he has received verbal notification from Jerry Goehringer of the ZBA that an automotive engine machine shop falls within the B-1 zoning requirements. This was in response to the Board' s request that the applicant apply for a Special Exception to expand the use. See the attached note from you regarding this. Before the Planning Board proceeds with its review, they would like to receive a written interpretation of what steps the applicant must take. enc. Map • f�, !� � ."_ lip•�: _ /.f !� ,.. w P TO D Y 1 Southold, N.Y. 11971 (516) 765-1938 July 18, 1988 Sanford H. Friemann Main Road Cutchogue, NY 11935 RE: Rienecker/Friemann Proposed site plan " amendment SCTM #1000-102-2-24 Dear Mr. Friemann: The Planning Board reviewed the above mentioned file as per your request at their last work session. The Plan as submitted is inadequate and needs to be improved before the Board can continue with their review. Under .previous cover, on March 9, 1988, you were sent a list of necessary revisions along with a site plan checklist. Enclosed please ,find a copy of a similar site plan which illustrates the information the Board is looking for on a site plan. In addition, the Board would like a detailed grading and drainage plan for the site. In answer to your question about the parking area, the Board is in agreement with using blacktop covered with bluestone. If you have any questions, please do not hesitate to contact this office. Very ly yours, BENNETT ORLOWSKI,JR. CHAIRMAN T17L;��` � P� NNING;�B.O_�AaR:p To: �N o sou � an Southold, N.Y. 11971 (516) 765-1938 March 9, 1988 Sanford H. Friemann Main Road Cutchogue, New York 11935 RE: Expansion of existing site formerly known as Pinewood Nurseries. SCTM # 1000-102-2-24 Dear Mr. Friemann: The above referenced site plan (amended and signed by Laurence M. Tuthill on 12/17/87) was reviewed by the Planning Board. The following changes to the plan are requested: t _ 1. Show on-site drainage for all parking areas, existing and proposed; 2. show parking and drainage calculations as per Town standards; 3 . show proposed landscaping including street trees, type of lighting (height of fixture, space type) , well head, electric service, location of sanitary system. t 4. show property boundaries (metes and bonds) and zoning line. 5 . state proposed use(s) of existing and proposed building area (include breakdown by number of k businesses, type of business, square footage per business) . 6. topographic information; existing and proposed grades and building elevation. . f i 7 . elevation drawings of proposed structure. s E t�t i C Upon receipt of six copies of a revised, complete site plan, the Planning Building will proceed with its review. The enclosed check list may be useful in drawing up the site plan. Very truly yours, BENNETT ORLOWSKI ,JR: CHAIRM SOUTHOLD TOWN PLANNING BOARD Jt P IV TIN ^t D T O > ` O_. D � �� S L ' K` Y Southold, N.Y. 11971 (516) 765-1938 February 25, 1988 Mr. Sanford Friemann Main Road Cutchogue, NY 11935 RE: Pr-oposed expansion of Rienecker & Friemann Site Plan SCTM # 1000-102-2-24 Dear Mr. Friemann: The Town Attorney's office has just notified this office that more information is needed regarding the two (or three). rights of way on your property. Specifically, they have requested the following: 1. all property deeds relating to the rights of way, 2. any surveys depicting the rights of way, 3. any metes and .bounds descriptions of said rights of way. Your property deed refers to a survey of the rights of way prepared by Van Tuyl & son on July 6, 1971. A copy of same should be submitted also. Please send the above noted information to my office, so that I - may respond to the Town Attorney's office. Sincerely, - ��alerie Town Planner Enc: ce: Planning Board it JAMES A.SCHONDEBARE ," 444i1�2Z� X' Town Hall 53095 Main Road TOWN ATTORNEY un P.O. Box 1179 ROBERT H.BERNTSSON Southold, New York 11971 �1 �! 1 TELEPHONE ASSISTANT TOWN ATTORNEY (516)765-1939 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMO To: Valerie Scopaz, Town Planner From: Robert H. Berntsson, Assistant Town Attorney Date: February 24, 1988 Subject:Henry Rienecker & Sanford Friemann Sit Plan You requested an opinion -with regard to the above mentioned site plan. Specifically, the question was whether the Planning Board could grant site plan approval of the proposed expansion of the existing site where access is over two rights of way. In order to give an opinion, it is necessary to have additional information regarding the rights of way. Please supply any and all deeds relating to these rights of way. Also include any surveys depicting the rights of way and any metes and bounds descriptions. If you have any questions, please contact me. TO: I�m� ' .�cnOP�c;rPTow1U ��'to(I-ej QhA _ �R�D1.r �,Q�Pr�' � . ��fY1"t'SSoN , .��5 iC�tTck:N ��uf11-��• FRO(N c :. .��hp �Co�G Z . �o Lon N G n t1 P i2, DATE: ,`,( ag SUBJECT: o a q Klieneck-er d- Se!j rc Friemc,mu silt' P/QN COMMENTS: r IO—re rJ rag -Ci ti d c Psc;��iryG A),e- Rout) s Ily cA nn►/P_ rYI,P✓)��'�/y-e si-6 of Ct� Sc� o cl �;?4 ' l ccc :�aA oN mr3 f All s l e . u)e .-C Z J Signature L Y a x c - J - �^ I, I, zg _ r , I L� ' TO ..)AO,10ety.fe�Lw,U (A-ey Q)it� PRQZ�- Rol FRO IN CL DATE: A I N ! R SUBJECT: SgA)rd Fri emc,A 1. Ji re ` P/QIU COMMENTS: O c1l �IPc �i m 4 ��P r e4eA Rout r -no C4 �n 1) n1 a+I'o/y e� . oC' ' EfiAckk4 t.y -c Z .mac J AL�25 . �L�1,`8 iii "77y � -7 o Ze) J � . �,��v�^ � dJi" ) Signature.�J C � 734-6911 PINEWOOD734-6912 I Main Road, Cutchogue, New York 11935 �,f �. , - n:•�+ Dec . 14 , 1987 Valeriff Scopaz Southold Town Planner After reviewing the amendments which you relayed to me from the board , I feel there are two areas which I would ask you to reconsider . 1 . Although &ere is much merit in the establishment of one areafor ingress and egress , I feel that in this situation , because of the narrowness of the State Highway and the many accidents that occur at the entrance to King Kullen Shopping Plaza , we by adding a concentrated inlet/outlet , would compound an existing problem. However we would be willing . . : ,to establish separate ingress/ egress openings to smoothlnd efficiently allow the flow of traffic off and onto State Highway Rte . 25 . 2 . The pre-exissting parking areas are constructed with bluestone blend and therefore provide adequate per- culation of surface water . We feel . that astheticly the spot addition of blacktop parking areas and drive- way to proposed building addition will not only detract from surrounding area but will create an unecessary surface water problem and add an unecessary expense . With construction of dry wells for roof run-off water , drainage and run-off will be contained . 3 . The right of way is privately owned . Should you have any further questions pretaining totthis site feel free to get in touch with me . I would make myself availabe to i you at any time . Respectful �,� Submitted , /_n !1 SIDNEY B. B®WNE & Sl_'_1 - Sidney B.Bowne,P.E.,L.S. /�n� O 1 D Roland Anders 11 (1922-1959)- � IIL��7 ��JJJ Frank Capobianco Roger L.Cocchi Chester C Kelsey, P.E.,Ls. 45 Manor Road Francis J.Lynch Alexandre W.Mercil,P.E. t Robert A.Stanton,P.E. Smithtown, N.Y. 11787 AUG 1 8 10,M Philip Schlotzhauer Robert W. Brown,L.S. Joseph F.Stegman Zabdiel A.Blackman,P.E., L.S. (516) 724-0611 Paul F.Stevens William T.Styne George A.Style,P.E. PLANNING BOAR Richard B.Weber TOWN Jerry D.Almont, P.E. George L.,Fagan,Jr.,Ph.D.,-P.E. Thomas R.Pynchon;L.S. August 17, 1988 Mr. Bennett Orlowski , Jr. , Chairman TOWN OF SOUTHOLD Planning Board 53095 Main Road. - Southold, New York-- 11971 Re: Site Plan for Rienecker & Friemann Cutchogue,. N.Y. S.C.T.M. 1000-102-02-24 Dear Sir: We have reviewed the drainage design on the above referenced site plan. Our comments and recommendations are as follows: 1. Connect the 2 drainage pools in the existing parking area. 2. The parking area in front of the proposed machine shop should have a minor swal e to direct. runoff to the drainage pool _at �t:he--north--end--of---the—s-i.te adjoining Sterling Lane. ;More grades should be provided. Contact our office i f .you have any questions regardi ng this matter. L' Very truly yours, S IDNEY B . BOWN'E & SON CONSULTING ENGINEERS 41 -OHN W. KOHN JWK:rp c.c.Ray Jacobs Ray Dean SBB # 87331 MINEOLA • 'SMITHTOWN • NEW YORK CITY • CLEARWATER An Equal Opportunity Employer M/F/H 4 TO: FROM: ADDRESS: DATE: l"�a" G(�i. 4/ SUBJECT: ,.^@� t q L-.zA"_ �w de n�@ K_¢✓ 5 J COMMENTS: /`� i� rm�✓y� �f v.- -F,�.s- j Q 7 qz L' W�'� _� � ��2L�.., �JL1.iV��-, W f �.,•._ C`'7n1-rv...�,m C1� rt� cw 6,-A u CG-,n I 1,c III T-91 -�C11� ems _ C--3 p 1 e d LO S. dC� •. -.S YW ^ 121+ tr�L. Z rw o 1 OIL— /2 0,V Cs2<) ,61: Ji" ? L4ivrz U LJ Signature 1 JAMES A.SCHONDEBARE %rr� �j�` Town Hall, 53095 Main Road 4 TOWN ATTORNEY P.O. Box 1179 Southold, New York 11971 ROBERT H.BERNTSSON Eta TELEPHONE ASSISTANT TOWN ATTORNEY (516)765-1939 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD TO: Supervisor Murphy FROM: Robert H. Berntsson, Assistant Town Attorney DATE: Sept. 26, 1988 REF: Rienecker and Friemann You have inquired as to the required setback for the expansion of a building which preexists zoning and does not meet the required minimum setbacks of the Bulk and Parking Schedule. Since the existing building did not meet the minimum requirements, the same is a nonconforming structure. Any enlargement or expansion at less than the minimum requirements would be an expansion of a nonconformity. Such expansion requires approval by the Zoning Board of Appeals. Please feel free to contact me if you have any questions. CC: Planning Board ng Department ZBA RHB: jas