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HomeMy WebLinkAbout3482Southold Town Board of Appeals MAIN Rr'IAD- ~TATE RQAD 25 ~I~UTHI~LD, L.I., N.Y. 11cj'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3482 Application Dated March ]2, ]986 (Public Hearing April 3, ]986) TO: Mr. Jerry Shulman [Appellant(s)] P.O. Box 41 Port Jefferson Station, NY 11776 At a Meeting of the Zoning Board of Appeals held on April 16, ]986, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a IX] Request for Special Exception under the Zoning Ordinance Article IX , Section ]00-90 [ ] Request for Variance to the Zoning Ordinance Article ., Section [ ] Request for Application of JERRY SHULMAN for a Special Exception to the Zoning Ordinance, Article IX, Section 100-80 for permission to change use of a portion of existing building to building-material storage, in conjunction with existing agricultural storage and agricultural office, at premises referred to as 11950 Sound Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-141-03-41. WHEREAS, a public hearing was held and concluded on April 3, 1986, in the Matter of the Application of JERRY SHULMAN under Appeal No. 3482; and WHEREAS, the board members have personally viewed and are with the premises in question, its present use as an agricultural building with agricultural office, and its surrounding area; and familiar storage WHEREAS, the board has considered all submitted concerning this application; and it no public opposition has been received; and testimony and documentation is noted for the record that WHEREAS, the board made the following findings of fact: 1. The property in question is identified on the Suffolk County Tax Maps as District 1000, Section 141, Block 03, Lot 41, consists of a total area of 10,688 sq. ft. with approximately 200' frontage along the south side of Sound Avenue (a/k/a Old North Road), Mattituck, New York, and is located in the "C-Li9ht Industrial" Zoning District. 2. By this application, appellant requests a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80(B)[3] for permission to convert part of existing potato-storage building for warehousing of building materials and office incidental thereto, and limited to the most westerly structures depicted "frame building" and "block and frame building-28' by 45'" as shown on survey mapped May 23, 1964 by Alden W. Young. No outside storage of any materials is proposed by this application. 3. The subject premises is presently improved with the follow- ing structures, as shown by survey amended May 23, 1964 submitted CONTINUED ON PAGE TWO~ DATED: April 29, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOW~N OF APPEALS ZONING BOARD Page 2 Appeal No. 3482 Matter of JERRY SHULMAN Decision Rendered April 16, 1986 with this application: (a) substantial frame storage building, partly encroaching along the front property line at its northeasterly corner, and (b) frame building situate at the northwesterly corner set back 3.5' at its nearest point from the front property line along the south side of Sound Avenue. 4. For the record, it of record under Appeal No. 813 an addition to a nonconforming and unloading of potatoes. is noted that there is a prior appeal rendered November 10, 1965 to erect building to house trucks and loading 5. It is also noted for the record that the Southold Town Board by resolution adopted March ll, 1986 determined that the change of use as proposed herein is consistent with the uses in the proposed "B-1 General Business" Zoning District prepared by Raymond, Parish, Pine & Weiner. In considering this application, the board has determined: (1) the uses proposed will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts, (2) the uses will not prevent the orderly and reasonable use of permitted or legally established uses in this district, or of permitted or legally established uses in adjacent use districts; (3) the safety, health, welfare, comfort, convenience, or order of the town will not be adversely affected by the proposed use and its location; (4) the use will be in harmony with and promote the general purposes and intent of the zoning ordinance. The board has also considered items (a) through (1) of Article XII, Section 100- 121(C)[2] of the zoning code. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the Application in the Matter of JERRY SHULMAN for a Special Exception as applied under File No. 3482, for permission to convert part of existing storage building for warehousing of building materials and the office area incidental thereto, in conjunction with present potato-storage use, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: I. Storage of building materials and office space incidental therewith shall be limited to the westerly buildings, as applied; 2. Parking shall be on-site to the best of the users' abilities (3 spaces suggested as a minimum). Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Grigonis. (Members Douglass and Sawicki were absent.) This resolution was duly adopted. lk ERARD P. GOEH~'INGERfCHAIRMAN April 29, 1986 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN , pursuant to Section 267 of the Town Law and the Code of the Town of Southold , the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall , Main Road , Southold , NY at a Regular Meeting commencing at 7 : 30 p .m. on THURSDAY , APRIL 3 , 1986 , and as follows : 7 : 35 p .m. Appeal No . 3396 - GARY DOROSKI for a Variance to the Zoning Ordinance , Article XI , Section 100-119. 2 (B ) for permission to locate proposed pool with decks and fence enclo- sure within 75 feet of wetlands and highwater mark , at 425 Monsell Lane , Cutchogue , NY ; Norwald Subdivision Filed Map No . 1275 , Lots 31 -35 inclusive ; County Tax Map Parcel No . 1000- 97-08-27 . 7 : 40 p .m. Appeal No; 3482 - JERRY SHULMAN for a Special Exception to the Zoning Ordinance , Article IX , ::Section 100-90 for permission to change use of a portion of existing building to building-material storage , in conjunction with existing agricultural storage and agricultural office , at premises referred to as 11950 Sound Avenue , Mattituck , NYi; County Tax Map Parcel No . 1000-141 -03-41 . 7 : 45 p .m . Appeal No . 3473 - JOSEPH A . CASSIDY , JR . for a Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval of 58 ,484 sq . ft . parcel with 1 35 ' frontage along Reydon Drive , set off from premises to the north presently of J . Rich of 55 ,831 sq . ft . in area and 135 ' frontage (lot width ) . Property identification : County Tax Map Parcel Nos . ' 1000-79-05-23 . 1 and 22 . 1 ; located along the west side of Reydon Drive , Southold , NY . 7 : 50 p .m. Appeal No . 3451 - BEDELL WINERY for a Special Exception to the Zoning Ordinance , Article III , Section 100-30- (B ) [141 to establish winery use from grapes grown on the premises , 36225 Main Road , Cutchogue ; 1000-85-02-10 . (Recessed from 3/13/86 ) . 8 : 00 p . m . Appeal No . 3476 - ROBERT AND CHARLOTTE WISSMAN for a Variance to the Zoning Ordinance , Article XII , Section 100-121 to seek relief from conditions placed by prior Appeal 1l Page 2 - Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 3 , 1986 No . 2006 in the Name of Claire Brody and Others dated February 27 , 1975 , which conditionally granted use of lot for mooring dock and storage building (Article III , Section 100-30 (B) [9] ) and insuffi - cient lot area and width (Bulk Schedule ) , to allow the construction of a single-family residence . Location of Property : 715 Gull Pond Lane , Greenport , NY ; County Tax Map No . 1000-35-04-007 . 6 (referred to as Lot "C" ) . 8 : 10 p . m. Appeal No . 3481 - PORT OF EGYPT ENTERPRISES , INC . for a Special Exception to the Zoning Ordinance , Article VIII , Section 100-80 for permission to install /relocate marine fuel storage tanks in this "C-Light" Industrial Zoning District , at 6230 Main Road , Southold , NY ; County Tax Map No . 1000-56-6-3 . 2 , 3 . 3 , 4 , 6 , 6 . 1 . 8 : 15 p .m. Appeal No . 3472 - MICHAEL HERBERT for a Variance to the Zoning Ordinance , Article III , Section 100-30 (A) for permission to establish "Bed and Breakfast"-type use , or "an owner-occupied building , other than a hotel , where lodging and breakfast is provided for not more than nine persons . " Location of Property : '. 795 Pike Street , Mattituck , NY ; County Tax Map Parcel No . 1000-140-2-23 . ' Zoning District : A-Residential and Agricultural . 8 : 20 p .m. Appeal No . 3418 - GRETCHEN HEIGL for a Variance to : h (a ) the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule for approval of insufficient lot area and width in this proposed division of property , and (b ) New York Town Law , Section 280-a for approval of access to proposed Lot #1 over a private right-of-way located along the easterly side of the subject premises . , Location . o'f Property and Right-of-Way in Question : North Side of Sound View Avenue , Southold , NY ; County Tax Map Parcels No . 1000-68-1 -14 and 15 . 1 . 8 : 25 p .m. Appeal No . 3477 - WILLIAM AND KATHERINE HEINS for a Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule for approval of insufficient area , width and depth of two parcels in this proposed division located along the north side of Main Road , Orient , NY ; County Tax Map Parcels No . 1000-19-2-5 and 6 . Page 3 - Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 3 , 1986 8 : 35 p .m. Appeal No . 3488 - WILLIAM KREITSEK for a Variance to the Zoning Ordinance , Article III , Section 100-32 (and/or Section 100-30A) for permission to locate private , fenced-in tennis court together with 12 ' by 12 ' gazebo on stilts on vacant premises adjacent to residence of the applicant and referred to as 9030 Soundview Avenue , Southold , NY ; George Penny IV Filed Subdivision dated April 11 , 1974 ; County Tax Map Parcel No . 1000-59-07-27 . 2 and 27 . 1 . 8 : 40 p .m. Appeal No . 3471 - NICHOLAS TSIRKAS for a Variance to the Zoning Ordinance , Article XI , Section 100-119 . 2 (A) [1 ] for permission to construct single-family dwelling with an insufficient setback from edge".of bankr.along the Long Island Sound . Location of Property : North Side of Sound Avenue , Greenport , NY ; Eastern Shores Subdivision Map 4586 , Lot 113 ; County Tax Map Parcel No . 1000-33-01 -11 . 8 : 50 p .m. Appeal No . 3469 - WARREN AND MARY BRADY for a Variance to the Zoning Ordinance , Article III , Section 100-32 for permission to locate accessory barn in the frontyard area , at premises referred to -as 3500 Private Road #13 , off the north side of Bergen Avenue , Mattituck , NY ; County Tax Map Parcel No . 1000-105-01 -5 . The Board of Appeals will hear at said time and place 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 hearing in question . For more information , please call 765-1809 . Dated : March 13 , 1986 . BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P . GOEHRINGER, CHAIRMAN lk ----------------------------------------------------------------x INSTRUCTIONS FOR NEWSPAPERS : Please publish Thursday , March 27 , 1986 and forward two affidavits of publication on or before April 1st to : Board of Appeals , Main Road , Southold , NY 11971 . -----------------------------------------------------------------x FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL Date . . . . . . . . . . . 19 1�. To .a'.'�. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PLEASE TAKE NOTICE that your application dated . . Ste! . .7. . . . . . . ., 191 4. . �� Q i� . for permit to �'�. 2. . �'- . . . . v''.`'`. �. �` . . . . . . . . . . . . at Location of Property . . . House No. ,I Street Hamlet County Tax Map No. 1000 Section . . . . . . . . . . Block . . . .Q. . . . . . . Lot . . . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the.following grounds . Pa— �. . . . (' . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . .. . . . . . . . . . . . . . . . . . Building Inspector RV 1/80 OWN OF SOUTHOD, NEW YORI APPPLICATION FOR SPECIAL EXCEPTION APPLICATION NO. DATE ..... 3,1i; ............. TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. Y. I, W ..Jerry...S.hialman........................... of ....R Q......B.o.x...41................................................... NAME STREET AND NUMBER Port Jefferson Station New York 1. 11776 ............................................................................ ........... ..................................................................................... MUNICIPALITY STATE hereby apply to THE ZONING BOARD OF APPEALS for a SPE�I�&JWMPTION in accordance with the ZONING ORDINANCE ARTICLE SECTION SUBSECTION THE SPECIAL EXCEPTION IS REQUESTED BECAUSE I wish to continue using the buildingsfor potato warehousing and office space . I am requesting the use of aP.VV8Q'?-'' area located in the Cement Block building (dimensions of which are 281X45 'X30IX601 ) for warehousing of building materials. The property is located at 11950 Sound Ave . , Mattituck, N . Y. , County Tax Map No . 1000 , Section 141 , Block 03 , Lot 41 . The size of the office building within the Cement Blook building is 121X12 'X8 'X20 'X20 'X32 ' and will be used by the building material company. The potato office in the large frame building and is 61X12 ' . If variance is not granted, full utilization of the buildings cannot be accomplished and this will be a burden and expense to me . STATE OF NE YO ss Sworn -�I-G-NATURE ........ ....... COUNTY OF to this ........... .........day�'PO,,f .............. 19.. ...................... .. ........ ....... ............................ NOTARY PUBLIC LOUIS P.MANISCALCO Notary Public,State of New Yo" No.52-4733461 Qualified in Suffolk County Commission Expires Marsh 30, ig FORM ZB2 -/.;a - i ��- .� - ✓� TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT �PORMERCOWNER N E ACR. W TYPE OF BUILDING—). 7� s` i RES. !� !WAS. VL. FARM COMM. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS T Yi a p a 00 9 o--a 1!51*,q a--v /7.�r 1) llozle �9 z 13u,I D A ors,r o,", ay :?���, �`� l a va: AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable 1 -_ Tillable 2 �7 Tillable 3 Woodland Swampland FRONTAGE ON WATER .Brushland FRONTAGE ON ROAD House Plot DEPTH BULKHEAD Total DOCK SO COLOR flu TRIM - Olt y `) 1 I � M. Bldg. — F 6ndation a r` Bath ;Y' Dinette Extension Basement �, G Floors G✓�z. / K. _ �{ r Walls Wiz; <. Interior Finish %; / LR. Extension c. 1�C' "c 0 a f (fie .LO Extension Fire Place 7�U Heat �.,_.' DR. 2 t/ . Imo. r G' rG Ty e Roof ,',; .._'. Rooms 1 st Floor BR. Porch . J Recreation Room Rooms 2nd Floor FIN. B. _Porch Yel Breese req b X r® 366 Driveway Garage- 3 J Total Ro p,D NCR �pG ' 168.66 N& �pLl N / �6OAS 30 32 N. 2g. 'o N N ° NO _ t°® .p• O Q �O Z O ?. N 1" O N. CD cp -JO C5 P� 0 SURVEY FOR JERRY SHULMAN 81 LILLIAN SHULMAN AT MATTITUCK DATE: APR. 19 ,'1986 TOWN OF SOUTHOLD SCALE: I" = 30' SUFFOLK COUNTY, NEW YORK NO. 86- 341 NN UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW OF NEW x *COPIES OF THIS SU R RVEY NOT BEARING THE LAND b�*(� SURVEYOS INKED SEAL OR EMBOSSED SEAL SHALL HOT BE CONSIERED To BE A VALID TRUCOY MGUA ANTEESDINDICATED HEREON SMALLERUNPONLY 10 THE PERSON FOR WHOM THE SURVEY IS PREPARED r� AND (INHIS BEHALF TO THE TITLE COMPANY,GOVERN- MENTAL AGENCY AND LENDING INSTITUTION LISTED qi HEREON,AND TO THE ASSIGNEES OF THE LENDING INSTITUTION. GUARANTEES ARE NOT TRANSFERABLE ^' g TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT �® OWNERS *DISTANCTO EXIS TING STR CTU ES HEREFROM FOR A SPECIFICLINES o��, lyo 1 28A,4 PURPOSE AND ARE NOT TO BE USED TO ESTABLISH OH1( Ep81NE�s PROPERTY LINES OR FOR THE ERECTION OF FENCES NOTES: I. ■=MONUMENT YOUNG � YOUNG OSTRi4 ER AVENUE 2. SUFFOLK CO.TAX MAP RIVERHEAD, NEW YORK DIST. 1000 SECT 41 BLJULOT 041 3. AREA =10688 S.F ALDEN W.YOUNG,PROFESSIONAL ENGINEER AND LAND SURVEYOR N.Y.S.LICENSE NO.12845 HOWARD W.YOUNG, LAND SURVEYOR N.Y.S.LICENSE NO.45893 BRANDIS & SONS INC. 1046 , COUNTY OF SUFFOLK Department of Planning_ 360-5206 LEE E.KOPPELMAN DIRECTOR OF PLANNING May 2, 1986 Town of Southold Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determina- tion. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Jerry Shulman 3482 Very truly yours, Lee E. Koppelman Director of Planning b Gera G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE.L.I..NEW YORK 1 1 788 MAY 1 - 1986 TEL. 765-1802 oc��FFOL��� TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR c a P.O. BOX 728 Ln n TOWN HALL SOUTHOLD, N.Y. 11971 May 1 , 1986 Planning Board Town of Southold Main Road Southoldr N . Y . SUBJECT : Jerry Shulman & Lillian Shulman survey dated April 9 , 1986 Gentlemen : We have been told. by Mr . Shulman that proposed use of present building will be the continuation of his present use and an insulating contractors use for storage and office use within the westerly por- tion of building. A Special Exception was granted for this use by the Zoning Board of Appeals under Appeal #3482 dated. April 16 , 1986 . The property is less than required area for this zone and the present buildings occupy almost the entire area of premises . The. present set backs of buildings and lot area are non-conforming, how- ever the present use and proposed use is permitted by Special Exception . This matter was discussed in depth with Victor Lessard , Executive Administrator of the Building Department . On Victor Lessard ' s authorization .this will certify the above site plan . Yo s truly, Edward Hindermann EH :hdv Building Inspector 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. ROBERT J. DOUGLASS JOSEPH H. SAWICKI _ Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: Variance, from the Zoning Code, Article , Section Variance- from Determination of Southold Town Building Inspector XX Special Exception, ArticleIX Section100-90 Special Permit Appeal No. :3482 Applicant:JERRY SHULMAN Location of Affected tand:11950 Sound Ave. , -Mattituck, N.Y. County Tax Map Item No. : 1000- 141-03-41 Within 500 feet of: Town .-or Village Boundary Line Body of Water (Bay, Sound or Estuary) 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 Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant - Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to change use portion of existing building to building-materials storage, in con-iuction_ with existing agricultural storageand agricultural office Copies of Town file and related documents enclosed herewith for your review. Dated: May 11 1986 Secretary, Board of Appeals z Southold Town Boor d of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, LJ., 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 April 29 , 1986 .Mr . Jerry Shulman P .O . Box 41 Port Jefferson' Station , NY 11776 Re: Appeal No . 3482 (Special Exception ) Dear Mr. Shulman : Enclosed please find a copy of the official findings and dete.rmination .recently rendered by the Board of Appeals and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved , please be sure to return to the Building Department for their authoriza- tion of any new construction, or for other written docume-nts as may be applicable . If you have any questions , please do not hesitate .to call either our office (765-1809 ) or that of the building inspector (765-1802 ) . Yours very truly , GERARD P . GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary ecretary Copy of Decision to : Building Department Planning Board Suffolk ' County Planning Commission P A N I B'00_1A` D SOIL. R- 'LD Southold, N.Y. 11971 1516) 765-1938 April 16 , 1986 Mr. Jerry Shulman Produce Shipper,Inc. P.O. Box 41 Route 25A and Davis Avenue Port Jefferson Station, NY 11776 Re: Site Plan for Jerry Shulman Dear Mr. Shulman: Please let this confirm the following action taken by the Southold Town Planning Board, Monday, April 14 , 1986 . RESOLVED that the Southold Town Planning Board refer the site plan of Jerry Shulman for conversion of a potatoe barn to storage and warehousing to the Building -Department for certification. This proposal islocated at Mattituck, survey dated April 9 , 1986 . If you have any questions, please don' t hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary' cc: Board of Appeals Building Department z y L 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 Apr i. 1 3 , 1986 CHARLES GRIGONIS, JR. S.E.Q.R.A. _ SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice Of Determination of Non-Significance APPEAL NO. : - 3482 PROJECT NAME: JERRY SHULMAN - 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 signifi- 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 [ X] Unlisted [ ] DESCRIPTION OF ACTION: Special Exception to change use of a portion of existing building to building-material storage , in conjunction with existing agricultural storage and agricultural office in this "C-Light" Zone . LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 11950 Sound Avenue , Mattituck; 100.0-141 -03-41 . REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The premises in question is not located wi•thi•n 300 feet of tidal wetlands or other critically sensitive environmental area . and ( )forhIs applications s wQthdirectly related . to . new• construction of p portion of existing structure . 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. lk �t INZTown Hall, 53095 Main Road P.O. Box 728 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 March 14, '1986 Jerry Shulman. Produce Shipper, Inc. Box 41 - Rt. 25A 6 Davis Avenue. Port Jefferson Station, New York 11776 Dear Mr. Shulman:* Enclosed herewith is a certified resolution of the Southold Town Board granting you a waiver of the provisions of Local Law No. 14 - 1985. Very truly yours, Judith T. Terr y Southold Town Clerk Enclosure cc: Southold Town Planning Board Southold Town Board of Appeals Southold Town Building Department A o s" h4x Town Hall 53095 Main Road %r P.O. Box 728 �� dv 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. THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MARCH 11, 1986: WHEREAS, Jerry Shulman - Produce Shipper, Inc. has requested that this Board waive the provisions of" Local Law No. 14 - 1985 with respect to his "application.' presently pending before the Southold Town Building Inspector, and WHEREAS, this "Board finds that the applicant proposes to change the use of his ' property at 1150 Sound Avenue', Mattituck, to storage and warehousing, and WHEREAS, this Board deems such use consistent with the uses in'a General Business (B-1) District as proposed by Raymond, Parish, Pine & Weiner, Inc.'s Update Zoning Code revisions, NOW, THEREFORE, BE IT RESOLVED that the applicant be and he hereby is 'granted a waiver of the provisions of Local Law No. 14 - 1985 to the extent of permitting such uses on said premises as set forth in'his 'application presently pending before the Southold Town Building Inspector for a building permit; subject, however, to the applicant obtaining any and. .all permits and approvals required by all Town and other governmental agencies having jurisdiction thereof. Judith T. Terry Southold Town Clerk R 18 30 • . . ' • . .- .• . . • -. - � .. . .�'�'- , . �_ .tip. = -. - - ` - . _ - - N. 6 4 29 32 1 ►�' , _ RR ,� s � I 14 - �2v Qmrt c *4 co- of P 1 , p ocp mi SURVEY FOR JERRY SH U LMAN a LILLIAN SHULMAN MATTITUCK TOWN OF SOUTHOLD SUFF. CO., N.Y., GUARANTEED TO- , i INTER-COUNTY TITLE,GUARANTY 8 SCALE = I" = 30'. MORTGAGE M APR. 2.T 1964 - - I NOT: = MONUMENT PLACED ,MAY 23, 1964 � � o a POST FOUND PROFESSIO Aor- EP2 EER AND LAND SURVEYOR,N.Y.S.LIC.N0.1284 RIVERHEAD, N.Y. Via• xV � frontage along Reydon Drive,set WILLIAM KREITSEK for a, - NOTICE OF HEARINGS I off from premises to the north Variance to the Zoning Ordi- NOTICE IS HEREBY GIVEN, presently of J.Rich of 55,831 sq. nance,Article III,Section 100-32 pursuant-to Section 267 of the ft.Iin area and 1357 frontage(lot (and/or Section e private, ate for per- Town Law and the Code of the width). Property identification: mission to locate private,fenced- Town of Southold,the following County Tax Map Parcel Nos. in tennis court together with 12' public hearings will be held by 1000-79-05-23.i and 22.1, lo- by 1T.gazebo on stilts on vacant STATE OF NEW YORK ) the. .SOUTHOLD TOWN cared along the west side of. premises adjacent to residence of "BOARD OF APPEALS at the Reydon Drive,Southold,NY. the applicant and referred to as- ) SS' uthold Town Hall,Main Road, 7:50 p.m. Appeal No. 3451 -- 9030 Soundview Avenue,South- So' I COUNTY OF SUFFOLK ) Southold,NY at a Regular Meet- BEDELL WINERY for a Spec-- old,NY;George Penny IV Filed ing commencing at 7:30 p.m.on ial Exception to the Zoning Ordi- Subdivision dated April 11,1974; THURSDAY, APRIL 3, 1986, nance, Article III, Section 100- County 'Tax Map Parcel No. and as follows: 30411)[141 to establish winery 1000-59-07-27.2 and 27.1. Mary K Degnan of Greenport, in 7:35 p.m. Appeal No. 3396 -- use from grapes grown on the - 8:40 p.m. Appeal No. 3471 - I said County, being duly sworn,says that he/she is GARY DOROSKI for a Vari- premises, 36225 Main Road, NICHOLAS TSIRKAS for a ance to the Zoning Ordinance, Cutchogue; 1000-85-02-10. (Re- Variance to the Zoning Ordi- Principal Clerk Of THE SUFFOLK TIMES,a Weekly ceased from 3/13/86). nance, Article XI, Section 100- Article XI, Section 100,119.2(B) 1 Newspaper, published at Greenport, in the Town for permission to locate proposed 8:00 p.m. Appeal No. 3476 -- 119.2(A)[1]for permission to con- pool with decks and fence enclo- ROBERT AND CHARLOTTE struct .single-family dwelling of Southold, County of Suffolk and State of New 'I sure within 75 feet of wetlands WISSMAN for a Variance to the with an insufficient setback from York, and that the Notice of which the annexed is and highwater mark, at 425 Zoning Ordinance, Article XII, edge of bank along the Long Is- I 'I Monsell Lane, Cutchogue, NY; Section 100-121 to seek relief land Sound. Location of Prop- I a printed copy, has been regularly published in Norwald Subdivision Filed'Map from conditions placed by prior erty: North Side of Sound Av- No. 1275, Lots 31-35 inclusive; Appeal No.2006 in the Name of enue, Greenport, NY; Eastern said Newspaper once each week for 07e County Tax Map Parcel No. Claire Brody and Others-dated Shores Subdivision Map 4M6, weeks successively, commencing on the 1000-97-08-27. February 27,1975,which condi- Lot 113,County Tax Map Parcel` 7:40 p.m. Appeal No. 3482 -- tionally granted use of lot for No. 1000-33-01-11, ,`� °' day Of Ma rrh 19�b JERRY SHULMAN for a Spec- mooring dock and storage build- , 8:50 p.m. Appeal Nta 346J -- ial Exception to the Zoning Ordi- ing (Article III, Section 100- WARREN AND MARY t_ nance,Article IX,Section 100-90 30(B)[9])and insufficient lot area BRADY for a Variance to the for permission to change use of a and width (Bulk Schedule), to Zoning Ordinance, Article III, d portion of existing building to allow the construction of a Section 100-32 for permission to building-material storage, in single-family residence. Loca- locate accessory barn in the fron- PrInC' al Clerk conjunction with existing ag- tion of Property: 715 Gull Pond tyard area,at premises referred / ricultural storage and agricul- Lane, Greenport, 'NY; County to as 3500 Private Road#13,off tural office,at premises referred Tax Map No. 1000-35-04-007.6 the north side of Bergen Avenue, i Sworn to befor a this �7 ANN M.ABATE to as 11950 Sound Avenue,Mat- (referred to as Lot"C"). Mattituck,NY;County Tax Map �UBLIC,State of New YDrk:, IRuck,NY;County Tax Map Par- 8:10 p.m. Appeal No. 1481 -- Parcel No. 1000-105-01-5. d Of 1y cl,, County No.474818�7 -el No. 1000-]41-03-41. PORT OF EGYPT ENTER- The Board of Appeals will hear TBrm Expires Mardi SU, 19 7:45 p.m. Appeal No. 3473— PRISES;-INC.for a Special Ex- at said time and place all persons A JOSEPH A.CASSIDY,JR.for ception to the Zoning Ordinance, or representatives desiring to t- 1 a Variance to the Zoning Ordi- I Article VIII, Section 100-80 for heard in.each of the above mat- ✓�/ nance, Article III, Section 100- 1 permission j to install/relocate ters.Written comments may also 31, Bulk Schedule, for approval ;mari. fibstorage tanks'in this be submitted prior to the conclu- of 58,484 sq.ft.parcel with 135' `,C-LiO*'Ti dustrial Zoning Dis- Sion of the-hearing in question. trict,.�tiii230 Main Road,South- For more information,please call old, NY; County Tax Map No. 765-1809. 1000'-56-6-3.2,3.3,'4,6,6.1. Dated:March 13, 1986. 8:15 p.m. Appeal.No..3472 -- BY ORDER OF MICHAEL HERBERT for a THE SOUTHOLD TOWN Variance to the Zoning Ordi- BOARD OF APPEALS nance,Article III, Section 100- GERARD P. GOEHRINGER, . 30(A)for permission to establish CHAIRMAN "Bed and Breakfast"-type use,or 17M27-5198,. "an owner-occupied building, other than a hotel,where lodging and breakfast is provided for not more than nine persons." Loca- •tion of Property:795 Pike Street, Mattituck,NY;County Tax Map Parcel No: 1000-140-2-23. Zon- ing District: A-Residential,an_d Agricultural: 8:20,p.m. Appeal No. 3418 -- GRETCHEN„ HEIGL for a Variance to:(a)the Zoning Ordi-' nance, Article III, Section 100= 31, Bulk Schedule for approval of insufficient lot area and width in this proposed division of prop- erty, and (b) New York Town Law, Section 280-a for approval of access to proposed Lot#1 over a private right-of-way located along the easterly side of the sub- ject premises. Location of Prop- erty and Right-of-Way in Ques- tion: North Side of Sound View Avenue, Southold, 'NY; County Tax Map Parcels No.1000-68-1- 14 and 15.1. 8:25 p.m. Appeal No.'3477 - WILLIAM AND KATHERINE HEINS for a Variance to the Zoning Ordinance, Article'III, Section 100-31, Bulk Schedule for approval of insufficient area, width and depth of two parcels in this proposed division located along the north side of Main Road, Orient, NY; County Tax Map Parcels No.1000-19-2-5 and -6. 8:35 p.m. Appeal.No. 3488 -- A NOTICE OF HEARINGS NOTICE IS HEREBY. GIV- EN,pursuant to Section''267 of" COUNTY OF S U F FO L K the Town Law%and the Code•of ss: the' Town of Southold, the. . STATE OF NEW YORK following public hearings will be held by 'the SOUTHOLD TOWN,BOARD OF APPEALS i at ilic Southold'�Town Hall, Patricia .Wood, being duly sworn, says that she is the Main Road,.Southold;NY at-a' i.';Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, RegularlVIeeting THU'RcDAYj a public newspaper printed at Southold, in Suffolk County; 7:30 'p:m:'`,on� THURSDAY; , APRIL3,J986 and asTollows: and that the notice of which the annexed is a printed copy, 7:35.p:m:.Appeal No. 339: has been published in said Long Island Traveler-Watchman l •GARY DOROSKh .for ;a Variance, to, the Zoning Or-, once each week for . . . . . . . . . . . . . . . . . . . . . . . . . weeks dinance, Article Xl, Section 10049.2(B) for permission to successively, commencing on the . . . . . ... . . . . locate.proposed pool with decks Lan and fence enclosure within 75 /�, feet of wetlands,and highwater 19 day !�J��. i. . . . . mark,at 425 Monsel , .��. l e,Cut- Chogue,NY;�To'r,,wald Subdivi-. sion,Filed,,Map--No. 1275;.Lots 31-35 inclusive;,CountyTax i Parcel:No:"1000-97-08 27. 7:40 p:m: Appeal No, 3482- JERRY SHULMAN'-�Zi��;a a Special Exception to the Zoning Ordinance;Article"IX, Section • Sworn to before me this . . . . . . . . . . . . . . . . . . . . . day of 100-90 for permission to.change use of�a .portion .of, existing //y,X7 f1 19 building' to building-material `�! storage,in;conjunction wiih:ex- isting agricultural storage,an agricultural office, at premises — Avenue ." o as 11950 Sound _ Avenue, Mattituck, NY, Coun- ty Tax Map• Panel, No. ' 1:- --- --� 8:35 m. Appeal No. 3488- 1000-141-03-41.,... 8:15 pm Appeal No 3472- j Notary PUbIIC P• PP 7:45 p.m. Appeal No. 3473 =� —MICHAEL_HERBE_RT for a I\ i WILLIAM KREITSEK JOSEPH A.CASSIDY,JR.for Variance., to fhe Zoning Or- I BARBARA F02EES i Variance to the Zoning Or-,- Variance,, 1 a Variance to'the Zoning Or- dinance,.' Article III, Section -Notary Public, State of New Yorlc dinance, Article III, .Section 100-30 for ermission to No. 4806846 100-32>(and/or Section 100-30A)- A dinance;- Article III, Section ( ) p 100-31,,Bulk Schedule,.for ap- establish "Bed and Breakfast"-- Qualified in Suffolk County for permission to locate private, proval'of 58,484:sq.•ft:'parcel type use,or"an owner-occupied Commission Expires 3� 19�� ' fenced-in,tennis court together with 135'.frontage(lot'width). g, hotel, I with 12'by 12'gazebo on stilts building, other than a Property identification: County where lodging and breakfast is on vacant premises adjacent to Tax ,,Map Parcel -Nos. provided for not more than nine residence of the applicant and 1000-79-05'-23.1 and 22.1 ersons. Location of Property:p y: referred to as 9030 Soundview.. ! located along the west side of 795 Pike Street;Mattituck,NY; Avenue, Southold, NY; George Reydon Drive, Southold, NY. County, Tax Map Parcel•No.. Penny IV Filed Subdivision � dated April 11, 1974; County � 7:50 p.m. Appeal No,.345.1- 1000-140-2-23. Zoning District: Tax Map Parel *I BEDELL 'WINERY--for--a---i A-Residential and Agricultural. 1000-59 07-27.2 andc27.1• No. _ j Special Exception to the Zoning 8'20 pm. Appeal ppeal No. 3418- i S 40 p.m. Appeal No. 3471- Ordinance, Article.III, Section -GRETCHEN HEIGL for a NICHOLAS, TSIRKAS for a 100-30-(-B).[14] to,-establish Variance to: (a)the Zoning Or- Variance to the Zoning Or- ` winery use from grapes grown dinance, Article III, Section dinance,, Article XI, Section on the,premises, 36225 Main 10019 Bulk Schedule for ap-. 100-119.2(A)[11 for permission to Road,.Cutehogue 1000-85=02-10 proval of"insufficient lot-area construct single-family dwelling I (Recessed from 3/0/86).' ` i and width in this proposed divi- with! an' insufficient setback 8:00'p.m: Appeal No:;3476: sion{of property,,and (b) New i from edge of.bank along the ROBERT•AND CHARLOTTE , York;Town Law Section.280-a Lonj Island Sound.Location of WIS$MAN for ,Variance to for approval of access to pro- Property:North.Side of Sound. the Zoning' Ordinance, Article posed Lot No.l over a private Avenue,Greenport,NY,Eastern XIL,Section:100-121 to seek relief 'right,-of-way'located along the, 1 Shores Subdivision Map 4586, from conditions placed by prior easterly side of the subject I� Lot.l''13, County Tax Map Par- Appeal Ng 2006 in the Name of premises. Location of Property I c1e N'o. 1000-33-01-11. Claire Brody and Others dated na d right-of=way oca e a ong ' !!!! 8:50 p.m. Appeal No. 3469- Februzry 27,;' 1975, which con- the easterly side of the subject WARREN AND MARY `, ditionally"grA�tted use of lot for Ck ises BRADY fora Variance to the I `•ld'oc"k,°arid storage f ,and Right-of-Way in Question:.: Zoning.Ordinance, Article III,, .f building ,(Article III; Section North, side of: Sound •{View), ` Section 100-32 for permission to 100-30(B)[91 and insufficient lot Avenue;Southold,-NY;County I locate accessory barn in the I. area and width(Bulk Schedule), Tax , Map „Parcels ' No: frontyard area,at premises refer- to allow tiie construction of a '1000-68-1-14 and 15.1. red to as 3500 Private Road No single-family' residence. Loca- 8:25 p.m. Appeal No. 3477- 13,off the north.side of Bergen toin of Property:715 Gull Pond WILLIAM AND. Avenue, Matittuck, NY, Coun- Lane, Greenport, NY; County �KATHERINE HEINS for a ty Tax Map Parcel _ No. Tax Map No. 1000-35-04-007.6 Variance to the Zoning Or- 1000-105-01-5. (referred to as Lot "C"). dinance, Article III, Section The Board of Appeals will 8:10 p.m. Appeal No. 3481- 00-31, Bulk.Schedule for'ap- hear at said time and place"all PORT OF EGYPT ENTER proval of insufficient area, persons desiring to be heard in iv.PRISES,INC.for a Special Ex- width and depth of twa•parcels each of the above matters.Writ- ception to the Zoning Or- In this proposed division located ten comments may also be sub- linance, Article Vill, Section along the'north side•of Main mitted prior to the conclusion of 100=80 for permission to in- o Road, Orient, NY; County Tax the, hearing in question. For tal4f/relocate marine fuel Map Parcels No. 1000-19-2-5 more information, please call torag tank's in this"C-Light" and 6. 765-180§. d serial - Wing'District, at Dated: March 13,, 1986. ai Road Southold,NY; BY ORDER OF THE A Map No. ' SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN 1T-3/27/86(12) L 4 �o�vF,� �O efi Q s iY �G ka { Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 lit TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO WHOM IT MAY CONCERN : Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L . I . Traveler- Watchman , Inc . and Suffolk Weekly Times , Inc . Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience . Please be assured that your public hearing will not start before the time allotted in the Legal Notice . If you have any questions , please feel free to call our office , 765-1809 . Yours very truly , GERARD P . GOEHRINGER CHAIRMAN Linda Kowalski Secretary and Board Clerk Enclosure `i Page 4 - Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 3 , 1986 Copies of the 3-page Legal Notice of Hearings to the following on or about March 25 , 1986 , with transmittal form : Mr . Gary Doroski , 425 Monsell Lane , Cutchogue , NY .11935 Mr . Jerry Shulman , P . O . Box 41 , Port Jefferson Station , NY 11776 Mr . Joseph A. -Cassidy , Jr . , 39-17 222nd St , Bayside , NY 11361 Mr . Merlon Wiggin , Peconic Associates , Greenport , NY 11944 as agent for BEDELL WINERY as agent for PORT OF EGYPT ENTERPRISES Rudolph H . Bruer , Esq . , Main Road , Southold , NY 11971 as agent for ROBERT AND CHARLOTTE WISSMAN as agent for MICHAEL HERBERT as agent for WILLIAM KREITSEK as agent for NICHOLAS TSIRKAS Michael J . Hall , Esq . , Youngs Avenue , Southold , NY 11971 as agent for GRETCHEN HEIGL Anthony B . Tohill , P . C . , Box 744 , Riverhead , NY 11901 as agent for WILLIAM AND KATHERINE HEINS Mr . and Mrs . William Heins , Main Road , Orient , NY 11957 Town Clerk Bulletin Board ZBA Bulletin Board Building Inspectors (4 ) ZBA Members ZBA Individual Files with Affidavits of Publication Town Hall, 53095 Main Road P.O. Box 728 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 March 12, 1.986 To: Southold Town . Zoning Board of Appeals From: Judith T. Terry, Southold .Town Clerk Transmitted herewith is Zoning Appeals No. 3482 application of Jerry Shulman for a special exception. Also included is Notice to Adjacent Property Owners; letter relative to N.Y..S . Tidal Wetlands .Land-Use; Short Environmental Assessment Form Notice of Disapproval from the Building Department; and survey. Judith T. Terryy, Southold Town Clerk t2 7WN OF SOUTHOD, NEW YORK �1 R��gIVEQ APPPLICATION FOR SPECIAL EXCEPTION APPLICATION NO. 3 MAR 121986 DATE -�.�.. .. 'down Clerk Southold TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. Y. I, J�x Y...S.k�ulXXla ............................ of ....'..�....D.?...Bo.X..41................................................... NAME STREET AND NUMBER Port Jefferson Station New York . 11776 ........................................................................................ ..................................................................................... MUNICIPALITY STATE hereby apply to THE ZONING BOARD OF APPEALS for a SPE GEPTION in accordance with the ZONING ORDINANCE ARTICLE III SECTION SUBSECTION THE SPECIAL EXCEPTION IS REQUESTED BECAUSE I wish to continue using the buildingsfor potato warehousing and office space . I am requesting the use of a�, .V'Mrth!4' area located in the Cement Block building (dimensions of which are 28^'X45 'X301X60 ' ) for warehousing of building materials . The property is located at 11950 Sound Ave . , Mattituck, N . Y. , County Tax Map No. 1000 , Section 141 , Block 03 , Lot 41 . The size of the office building within the Cement Blook building is 121X12 'X81X201X20 'X32 ' and will be used by the building material company. The potato office in the large frame building and is 61X121 . If variance is not granted, full utilization of the buildings cannot be accomplished and this will be a burden and expense to me . STATE OF NE YORK ) ) SS ............ ....... ............ ... .................................................. COUNTY OF UffaLF. ) IGNATURE /l �dayr,';** G��GI�. G ,�Sworn to thls ........ .. ........., 19........ NOTARY PUBLIC LOUIS P.MANISCALCO Notary Public,State of New Yor: No.52.4733461 Qualified in Suffolk County Commission Expires March 30,19 O 7 FORM ZB2 OWN OF SOUTHOD, NEW YOR:_ APPPLICATION FOR SPECIAL EXCEPTION APPLICATION NO. DATE ........3 /...',�� TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. Y. ..sTexxy...SXl. ............................ of ...P. ... . ...Bo.X..�:1................................................... NAME STREET AND NUMBER Port Jefferson Station New York 11776 ..........................................................I............................. ..................................................................................... MUNICIPALITY STATE hereby apply to THE ZONING BOARD OF APPEALS for a SPE IA WPTION in accordance with the ZONING ORDINANCE ARTICLE III SECTION 0�- SUBSECTION THE SPECIAL EXCEPTION IS REQUESTED BECAUSE I wish to continue using the buildingsfor po ato warehousing and office space . I am requesting the use of ai'.Q°�'Wra area located in the Cement Block building (dimensions of which are 28IX45 'X30 'X601 ) for warehousing of building materials. The property is located at 11950 Sound Ave . , Mattituck, N . Y. , County Tax Map No . 1000 , Section 141 , Block 03, Lot 41 . The size of the office building within the Cement Block building is 12 'X12 'X8'X20 'X20 'X32 ' and will be used by the building material company. The potato office in the large frame building and is 61X12 ' . If variance- is not granted, full utilization of the buildings cannot be accomplished and this will be a burden and expense to me . STATE OF NE YORK ) COUNTY OF UfFa6k. ss IGNATURE Sworn to this .......... .........day .f...................., 19.. NOTARY PUBLIC LOUIS P.MANISCALCO Notary Public,Stale of New Yort N%. 2.4733461 Qualified in Suffolk County Commission Expires March 30,19 O 7 FORM ZB2 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Jerry Shulman NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: Long Island Railroad PROPERTY OWNER MTA Jamaica Station Jamaica, N . Y. 11434 CERTIFIED MAIL YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 11950 Sound Ave . , Mattituck, N. Y. and lies to the north of your property C-lA.Tht 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: to change the use of the portion of a building from potato storage to building material storage 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 100-90 [ ] 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: 3/11/86 Peti oner Owners ' Names : Post Off ce Address 0 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS �'�nt to y. 1 d N( 7 S' STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: residing at@ �o being duly sworn, deposes and says that on the l 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 ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Swo re his me d of� 119 Noo$Fs . Notary Public,State of New York . No.52-4733461 Qualified in Suffolk County p Commission Expires March 3D,19 p (This side does not have' to be completed on form transmitted to adjoining property owners . ) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Jerry Shulman NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: Dorothy Stovall PROPERTY OWNER Box 422 J} Mattituck, N . Y. 11952 CERTIFIED MAIL YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: located at 11950 Sound Ave , , Mattituck , N. Y. and lies to the east of your property .C-li ,Teat 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: to chhnge the use of the portion of a building from potato storage to building material storage 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 100-90 [ ] 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 notices; that you or your representative have the right to appear and be heard at such hearing. Dated: 3/11/86 P iti ner f Owners ' Names . . c.:2 -.v-. .�._"t ..✓.f Post Affice Address PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS STATE OF NEW YORK ) ss.: COUNTY OFSUFFOLK ) G - residing atG 'Z) � I 1 b being duly sworn, deposes and says that on the r z day of `�Y•���— , 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 ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Swor ore me is day 1 , 19 Notary Public LOUIS P.MANISCALCO Notary Public,State of New York No.52-4733461 Qualified in Suffolk County Commission Expires March 30,19 97 (This side does not have' to be completed on form transmitted to adjoining property owners . ) (Today s Date) To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of Jerry Shulman Location of Property: 11950 Souna Ave . , a i uc , NY 11952 Dear Sirs : In reference to the New York State Tidal Wetlands band-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State, Environmental Conservation Law, please be advised that the subject property in the within appeal application : (please: check ane box) [ J May be loc,at,d within 300 feet of tidal wc-.tlanchi however, constructed along, the water-lyincj edge of this property is a bulkhead in very gec,d condition and at least 100 feet in length. "' [ ] May be located within 300 feet of tidal wetlancs ; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs , and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed. along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tidal wetland; ; and there is no bul:cliead or concrete wall e.xis,-ng on the premises . _ [ g ] Is not located within 300 feet of tidal wetlands to the best of my knowledge. * [Starred items ' ( ) indicate your property does not appear to fall within the jurisdiction of the N .Y.S . D. E.C. ] Sincerely yours , (SikJL11.dture p asc) NOTE: If proposed project falls wittu n D.E.C. jurisdiction, approval must be received and submitted to our office before your application can be scheduled for a public hearing. i irie H . Y . S tnvtronmentaI duality Review Act reduire, sub- mission of thit form and an environment-i1 review vrill made by this rd before any action is en . ` SNORT ENV I110N;•!E►1T.AL ASSESfi;MEII F'CP?1 I21STF1'CTIUS: (a) In order to answer the questions in this short EAF is is assuned that the preparer will use currently available lnforraticn concerning the project and the ,likely impacts of the action• It is not expected that additional studla4, roeearch or other investigations will be undertaken. '. ` '' '`•: (5) If any question has been answered Yes tho project may be significant•lund a :r?leted Envircnr.,ental Assessment Form is nece:-nar/. !`•' (c) If all questions have been answered No it is likely that this project is nc- significant. (d) Environmental Assessment 1. Will project result in a large physical ctnnpe to the project site or hysicall P P ! y .altcr more than 10 acres of land? • • • • • • • • • • • • Yea No 2. Will there be a major change to any unique or unusual land form found on the site? • Yns No y .. 3• Will project alter or have a large effect on an existing body of water? Yen NO 4. WL1 project have a potentially largo imp act, on grounwater quality? Yos tro 5. Will project significantly effect drainage flow On adjacent 91LC9? e • • • • • • • o • • • Yo] NO 6. Will project affect any threatened or endangerod plant or anlmil species? • • . Yes No 7• Wi11 project result in a rcajor advor:+e effect on air quality? • Yea 1,0 8• Will project havo a ars jor effect on visual char- acter of the community or scenic views or vistas known to be important to'the community? o Yes 110 9• Will project adversely impact any site or struct- ure of historic, pro-historic, or paloontologicul importance or any site designated as a critical k environmental area by a local agoncy? Yoe !\_ No 10. Will project .have a rrajor effect on oxinting or v future recreational opportunitios? . Yes No 11. Will project result in major traffic problems or cause a major effect to existi"K, tran5portaticn Systerr.3? • • • • . . • • • • • • Yes ?to 12. 'dill project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project'a operation? � Yea to 13. Will project have any impact on public health or safety ? • • • • • • • • • • • • Yes NO 14. Will project affect the existing community by directly causing a gr•owttr in permanent popula- tion of more gran 5 percent over a one-year period or have a ma for n-,gjtive effect on t`.e chardcter• of the community :r nel4htorhood? . Yea DS No 15. Is there public controversy co cerning the project', Ye9 i -to P`rEPA:iER13 SI,::,1TU1Z: TITLi': 4 rPESE:1TI:1c:9/l/18 MEMORANDUM FOR THE FILE : 4/30/86 Ed H.indermann and Vic Lessard were in reviewing ZBA Decision of JERRY SHULMAN rendered April 16 , 1986 . Ed was concerned that lot was under 40 ,000 sq . ft . with more than one use proposed . We discussed procedures and how .a checklist or guide could be established for the town departments ,, particularly the building inspectors , to prepare when . Disapprovals are given . Vic said he was preparing a new guide book , but it was only in _ a draft form . It was thought that Mr . Shulman might have needed an area variance since the lot was 10 ,0,00± sq . ft. - with two uses proposed ( instead of 40 ,000 sq . ft . in the C-Light zone for each use ) . However ; Mr . Shulman was disapproved in March 1986 to.-require a Special Exception . The Special Exception was conditionally granted on April 16 , 1986 . It would not seem warranted to deny the application now to apply for an area variance when the uses have already been approved . _ Ed was told to certify without requiring an area variance due to the above circumstances by Vic . l 1616) 473.3000 (516) 473.0313. 24 Nwr AnswvinS smict JERRY SHULMAN - - PRODUCE SHIPPER, INC. - .FARM SUPPLIES BOX 41 — ROUTE 25A & DAVIS AVENUE PORT JEFFERSON STATION, L.I„ N.Y. 11776 March 6, 1986 Long Island Railroad M ' Jamaica Station, NY 11434 4'az`- ied fd�l To Whom it May Concern, I am writing to notify you that I am appearing before the Southold Board of Appeals and Planning Board to allow me to lease out my building looated at 11950 Sound Ave. , Matti tuclo, N. Y. :whichJ lies to the north of your property. It, will be used for storage and warehousing. If you have any object- ions to t4s rental, would 'you please notify me? Thanking you in advance for your prompt attention to this matter.,, I remain, ; Yours truly, i Jerry Shulman JS/bw PS Form 3800, June 1985 R U.S.G.P.O.1965--480-794 27 O 7J 1t m -n 17 rA I N n 0 "� y U 1 3 cu a W � C7 s M i p( (S] Oro �m n � CL tr,�n0 .0 � G C, :0'T 0 0 ym ..., a fit / Ln • N