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HomeMy WebLinkAbout3835Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516} 765-1809 FAX No. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Appl..No. 3835: Matter of the Application of ARTHUR V. JUNGE, INC. - Amendment to Special Exception Granted under Appl. No. 3705 under Article VIII, Section 100-80B of the prior Zoning Regulations for this previously zoned C-Light Industrial Zone District, now re-zoned to Light Industrial, Article XIV, Section 100-141, to include establishment of car repairs with outside storage and future occupancy of vacant building area at easterly side of building (said use to be a permitted use in this Zone District). Location of Property: 22355 C.R. 48, Cutchogue, NY; County Tax Map District 1000, Section 96, Block 1, Lot 19, containing 45,589+- sq. ft. in lot area. At a Meeting of the Zoning Board of Appeals held on April 27, 1989, the following action was taken: WHEREAS, a public hearing was held on April 13, 1989, under File No. 3835, filed March 10, 1989; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, applicant requests an Amendment to Special Exception Application No. 3705 to include establishment of car repairs with outside storage and future occupancy of vacant building (to be occupied with a use permitted in this Light Industrial Zone District). Southold Town Board of Appeals -2- April 27, 1989 Special Meeting (Appl. No. 3835 - ARTHUR V. JUNGE, INC. decision, continued:) 2. The property in question: (a) contains a total lot area of 45,589 square feet and lot width {frontage} along the north side of County Road 48 of 168.17 feet, in the Hamlet of Cutchogue; (b) is identified on the Suffolk County Tax Maps as District 1000, Section 96, Block 1, 19; (c) is located in the Light Industrial Zone District, as re-designated January 10, 1989 under the new Master Plan revisions; (d) is bound on the northerly side by the Southold Town Landfill, on the west by a single-family dwelling now or formerly of J. Harris Estate, and on the east by vacant land now or formerly of Gray, all of which is also located in the Light Industrial Zone District. 3. For the record, it is also noted that: (a) an Use Variance was denied without prejudice under Appeal No. 3635 on August 20, 1987, when the premises was zoned "A" Residential and Agricultural; (b) a Change of Zone was granted by the Southold Town Board on December 15, 1987, re-zoning the premises from "A" Residential and Agricultural to "C-Light Industrial"; (c) a Special Exception for the construction and occupancy of a 7,750 sq. ft. building was granted by the Board of Appeals on March 3, 1988 under Appl. No. 3705; (d) the occupants of the building on or about January 1, 1989, are believed to be for the following uses: (1) contractor's business and shop; (2) vehicle-repair business and shop; (3) storage, parking and similar uses accessory and incidental to the established principal uses. 4. By this application, the property owner requests approval, as an amendment to the 1988 Special Exception approval: (a) for the establishment of the vehicle repair business and shop occupying approximately one-third of the floor area of the existing building (at the center thereof) and for Southold Town Board of Appeals -3- April 27, 1989 Special Meeting (Appl. No. 3835 - ARTHUR V. JUNGE, INC. decision, continued:) approval of outside storage of licensed vehicles, parked while under repair, with proper screening. The area of the proposed vehicle parking (vehicles for repairs) is that area directly in the rear yard, behind the building, with fencing and/or other screening around the periphery of the rear yard, including that area close to the northerly and easterly property lines, and squared off to the northeasterly corner of the rear of the building (if needed for reference, see subject storage area depicted in red on Drawing No. P-la dated March 10, 1987, submitted for consideration); (b) for occupancy of Bay #3 at the easterly third section of the building for a Special Exception use only as permitted under the Light Industrial Zone District regulations. It should be noted, however, that the Light Industrial (LI) Zone District provides for certain uses already provided in other zone districts listed on the previous pages of the Zoning Code {such as the "LIO" Light-Industrial Office/Park, Section 100-131B{1-11}, "B" General Business, Section I00-101A{3-5} and B{5,7,10}, which includes warehouses, building material storage and sales, building contractors yards, cold storage plants, etc.). 5. Additionally, it is noted that Article XIV, Section 100-141, Subsection B(1) permits by Special Exception and site plan approval any special exception use set forth in and as regulated by Section 100-131B(1-11) of the Light Industrial Park/Planned Office Park Zone District. Subsection 100-131B{2} thereof provides by special exception and site plan approval: ...Light industrial uses involving the fabrication, reshaping, reworking, assembly or combining of products from previously prepared materials and...Such uses may include industrial operations such as electronic, machine parts and small component assembly... " It is the opinion of the Board that based on the precedents concerning permitted light-industrial uses under the previous zoning code, and the fact that the vehicle repairs will be minor or include installation of (small) electronic or mechanic parts into the vehicles, that the use is similar to other permitted light industrial uses for the purposes of this Amendment and is of the same or similar nature of a light-industrial use. Southold Town Board of Appeals -4- April 27, 1989 Special Meeting (Appl. No. 3835 - ARTHUR V. JUNGE, INC. decision, continued:) 6. In considering this application, the Board also has: (a) considered Section 100-262 (General Standards) and Section 263 (Consideration) of the zoning code; (b) determined the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent-use districts; (c) determined the safety, health, welfare, comfort, convenience, and order of the town will not be adv~erselyaffected by the proposed use and its location; (d) determined that the use is in harmony with and will promote the general purposes and intent of zoning since this is a use which was permitted by special exception application (with the exception of the formality of requiring a written amendment to the Special Exception in effect at the time of the filing of this application) plan); (e) the applicant has had numerous applications before the Boards, and due to the timeliness during the procedures was not able to have the same finalized. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, it was RESOLVED, to GRANT an Amendment to the Special Exception as requested (under Application No. 3835) in the Matter of ARTHUR V. JUNGE, INC., SUBJECT TO THE FOLLOWING CONDITIONS: 1. Vehicles stored outside of the building must be licensed, in taxt, and located only in this screening-in rearyard area; 2. Any extended storage area outside of the building will require re-application for re-consideration by the Board of Appeals; 3. The types of screening for the enclosure of the proposed outside vehicle storage area shall be designated at the discretion of the Planning Board under its site-plan regulations. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki and Dinizio. (Absent, as agreed for this Special Meeting, was: Member Doyen of Fishers Island.) This resolution was duly adopted. lk SOUTHOLD TOWN BOARD OF APPEALS i~ECEi~ED AND FILED BY --,~,w'~ TO\'-71i CLIEP~ TI:iE SOU ~i;~LD Southold Town Board of Appeals -4- April 27, (Appl. 1989 Special Meeting No. 3835 - ARTHUR V. JLrNGE, INC. decision, continued:) ~{~C~tVaD AND FILED BY' Town Clezk, Town o{ Sbn~hol~ ' Southold Town Board of Appeals MAIN ROAD- C~TATIr ROAD 25 c~OUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS~ JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, APRIL 13, 1989, at the following times: 7:35 p.m. · Appl. No. 3832 - JOHN FORSBERG. Variance to the Zoning Ordinance, Article XXIV, Section 100-242 (and Article III-A, Section 100-30A.3) for permission to construct deck(s) to existing single-family dwelling structure, maintaining the nonconforming sideyard setback as exists at the westerly side. Lot area of premises is nonconforming at approximately 11,500 sq. ft. in this R-40 Zone District. Location of Property: Cutchogue, NY; County Tax Map No. 1000-110-5-12. 1310 West Road, 7:40 p.m. Appl. No. 3839 - DIANE DUNBAR. Variance to the Zoning Ordinance, Article III, Section 100-31 as disapproved, Article III-A, Section 100-30A.3 and Article XXIV, Section 100-242B for permission to construct open deck addition with an Page 3 Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 13, 1989 insufficient total sideyards. Lot area of premises is nonconforming at approximately 11,718 sq. ft. in this R-40 Zone District. Location of Property: 115 Parson's Boulevard (Private Road), East Marion, NY; Map of Gardiners Bay Estates, Lot 77 and part of 78; County Tax Map Parcel No. 1000-37-2-5. 7:55 p.m. Appl. No. 3837 - WAYNE L. AND TERESA A. MAZZAFERRO. Variance to the Zoning Ordinance, Article XXiV, Section 100-244 and Article III-A, Section 100-30A.3 for permission for approval of existing swimmingpool with deck areas which will have an insufficient rearyard setback when attached by a raised deck to the rear of the existing dwelling. Lot area of premises is nonconforming~at 10,000 sq. ft. in this R-40 Zone District. Location of Property: Marion, NY; Map of Marion Manor, No. 1000-38-2-17. 1650 Gillette Drive, East Lot 817; County Tax Map Parcel / 8:00 p.m. endment to Special Exception Granted under Appl. No. 3705 under Article VIII, Section 100-80B of the prior Zoning Regulations for this previously zoned C-Light Industrial Zone Appl. No. 3835SE - ARTHUR V. JUNGE, INC. District, now re-zoned to Light Industrial, Article XIV, Section 100-141, to include establishment of car repairs with outside storage occupancy vacant building area at easterly and future of Page 4 Notice oi Hearings Southold Town Board of Appeals Regular Meeting of April 13, 1989 side of building (a use to be a permitted use in this Zone District). Location of Properny: 22355 CoR. 48, Cutchogue, County Tax Map District 1000, Section 96, Block 1, Lot 19; containing 45,589+- sq. ft. in lot area. 8:05 p.m. Appl. No. 3834 - FRANK CUP/~AN. Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3, and Article XXIV, Section 100-242, for an amendment to prior Z.B.A. Appeal No. 3769 rendered October 26, 1988, with deck and fence enclosure with setback and excessive lot coverage, for construction of a pool an insufficient frontyard at premises known as 780 Ha~waters Road, Cutchogue, NY; County Tax Map Parcel No. 1000-111-01-016. Lot is nonconforming with a lot area of 19,080 sq. ft. in this R-40 Zone District. 8:15 p.m. Appl. No. 3819 RUTHANN BARTRA. Variance to the Zoning Ordinance, Article III, Section 100-32, for approval of lot containing insufficient lot area located along the easterly side of Breakwater (or Luthers) Road, Hamlet of Mattituck, NY; identified on the Suffolk County Tax Maps as District 1000, Section 106, Block 9, 2.004 (part of 2.1). The premises is located in the R-80 Zone District. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTblENT TOWN CLERK'S OFFICE SOUTItOLD. N.Y. NOTICE OF DISAPPROVAL ·...c..:.:.:.:.:.:.:~.....~.. ~.,..~. :.%...//.% ~.~;'7':..... PLEASE TAKE NOTICE that your application dated ...,.~..c~...~.....~. ......... 19 .~. Location of Property . .*~ .*~..~.. ~.~'~ ~ .... ~~. ~ :~:.. ]~ ~ ~. ....... House No. ~ Street I Ham/et Counw Tax Map No. I000 Section .... ~.& ..... Block ..... ~. ~ ...... Lot .... I. ~ ........ Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds..(~¢~' .~...~.1.~....~. ~... ~. ~ :.~.q. .t. ,. .a.&.,.g,. ~_~ ~ . ~ ..... Bui~ing Inspector RV 1/80 *TOWN OF'~OUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION Application No. ~ f~ Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: I (~), Arthur V. 3unge of 6880 Nassau Point Rd. (Residence, House No. and Street) Cutchogue, New York 11935 734-5203 {Hamlet, State, Zip Code, Telephone Number) hereby apply t0 /HE ZONING BOARD OF APPEALS for a SPECIAL EXCEPIION in accordance with the ZONING ORDINANCE, ARTICLEXXVII , SECTION 100-272 , SUBSECTION 100-250 100-281 for the below-described the attached plan drawn Arthur V. Junge, Repair, and one property for the following uses and purposes (and as shown on to scale): Inc. Electrical shop, S.C. Imports Foreign Car tenant (unknown at present time) Applying for usage for my shop and two rentals. Also applying for relief of the Restriction for the outside storage. A. Statement Of Ownership and Intewest. Arthur V. Jun~e property known and referred to as is~c) the owner(~J of 22355 County Rd. 48 Cutchouoe (House No., Street, Hamlet) identified on the Suffolk County Tax Maps as District lO00, Section 096 , Block 01 Lot(~) 19 , which is not (is) on a subdivision Map (Filed "Map of' "Filed Mao No. and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision). ~/~' The above-described property was accuired by the owner on . B. The applicant alleges that the approval of this exception wouqd be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: All area of outside storage directly facing Southold Town Dump. 1 C. The property which is the subject of this application is zoned ~ If] is cQnsi~%¢n~ 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 i ss. Sworn to before me and ZB2 (rev. 2/6/86) APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINiZIO, JR. Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11~?1 TELEPHONE (516) 765-1809 May 26, 1989 Arthur V. Junge, Inc. P.O. Box 768 Cutchogue, NY 11935 Re: Appl. No. 3835 - Amendment to Special Exception · Dear Artie: Please find attached a copy the response received today from the Suffolk County Department of Planning. tr Encl. for your files of Yours ver~ t~f~l~, GERARD P. GOEHRINGER CHAIRMAN DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY £XSCUTIVE 360-5206 ARTHUR H, KUNZ DIRECTOR OF pLANNING May 24, 1989 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) Arthur V. Junge, Inc. 3835SE Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Ne~,~an Chief Planner ARTHUR V. JUNGE INC. MeCHaN Ca SYSTEMS ~l ~G~ON / RI.P~C P.O. BOX 768 CUTCHOGUE, NEW YORK 11935 516 734 ~203 May 24, 1989 Board of Appeals Southold Town Hall Main Road Southold, New York 11971 Dear Ladies and Gentlemen: I would like to thank you for your recent approval of my special exceptions application. It is a pleasure to work with people like you, very understanding and fair. The Zoning Board of and the Building Dept. have been most helpful. Keep up the good work! AVJ/dmf APPEALS BOARD MEMBERS GERARD P. GOERRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE COYEN, JR. JOSEPH H. SAWlCKI JAMES DINtZI0, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 $OUTHOLD, L.I., N.Y. 11971 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: , Section Town Building Inspector lO0-80B Variance from the Zoning Code, Article Variance from Determination of SouthSld Special Exception, ArticlevzIz, Section TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 Special Permit Appeal No.:3835s~Applicant: Arthur V. Junge, Inc. location of Affected Land: 22355 Cty. Rd. 48, Cutchogue, NY County Tax Map Item No.: 1000-96-1-19 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Boundary of Existing or Proposed County, State or Other Recreation Area Federally Owned Federal Park or Land Existing or Proposed Right-of Way of Any Stream Owned by the County or for Which The County Has Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to use establishment for car repairs with outside storage and for rental. or Drainage Channel Established Channel Copies of Town file and related documents enclosed for your review. Dated: M~y 23, 1989 APPEALS BOARD MEMBERS GERARD P. GOEHRtNGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H.$AWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765.1809 FAX NO. (516) 765-1823 May 19, 1989 Mr. Arthur ~. Junge P.O. Box 768 Cutchogue, NY 11935 Re: Appl. No. 3835 - Amendment to Special Exception Dear Artie: Transmitted for your records is a copy of the recent determination rendered by the Board of Appeals concerning your application. Please be sure to return to the Planning Board and Building Department for further processing of other pending applications. Copies of our decision is simultaneously being transmitted to the Planning Office and Building Inspectors' Office for their files and update. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Building Inspectors' Office Southold Town Planning Board Suffolk County Department of Planning Planning Board Page 3 10/19/87 On a motion made by Mr. Ward, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board approve the lot line change for Mary~N. Code and Agnes D. Nelson, located at Southold, SCTM # 1000-76-2-3&4; survey dated July 20, 1987. Vote of~the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards 7:45 p.m. Mr. Arthur Junge was present for an appointment which had been scheduled at the Board's request to discuss his request for a change of zone located at County Route 38, Cutchogue. SCTM # 1000-96-1-19. Mr. Orlowski: Our next order of business is a 7:45 p.m. appointment which Mr. Junge has scheduled.at the Board's request to discuss a request for a change of zone from AR to C located at County Route 48, Cutchogue. He is here tonight. Mr. Junge: Good evening Mr. Chairman, members of the Board, ladies and gentlemen. I bought the piece of property hoping that I could the building built before the Master Plan went through-but it doesn't look like that will happen very soon. It was proposed for light industrial use in that area and I want to put my shop there. I run a heating and.air conditioning business and I have ten men working for me and I have other contractor's that have already approached me to see if they could possibly, rent space from me. I can't make any promises to anybody until I get a building permit.to go ahead and work my project out. The building that I want to put up is a Morton' Building and it is going to copy the building that First Town put up in Cutchogue to sell Christmas Trees out of. It has a front porchon it and it looks real nice with a country design and it is going to set back off the road approximately 60' And, there will still be a considerable amount of trees left around it. I have on my request, I am asking for the possiblity of having two buildings which will still be under the required for the allowable amount percent to build,in that area. It is, like 16.9 % of the total acreage. I know that the Town is having alot of trouble with contractors working in illegal zoned areas, out of their trucks, whatever. I was just trying to comply with the existing ~oning, and have a legimate pla~e to run my business. It is tough running it out of a truck. Mr. 6rlowski:Okay, well, t~is won't be strictly storage~ then. Mr. Junge: No, there will be some fabrication, some sheet metal shop in there, equipment storage, sheet metal and furnaces and stuff like that and pipe. It will not be a retail store, it will be a shop and if I do~.have the opportunity to rent some of it out, if I don't need all of it, something like another contractor, or a builder or carpenter ~hop. Any other kind of contractor would also benefit me because it would be a group of people close together. It could be a plumber, Planning Board Page 4 10/19/87 Mr. Junge: small engine~.repair shop, anything, that would fall under the Light Industrial. Mr. Orlowski: Okay, does the Board have a~y questions? Mr. Mullen: Do you anticipate storing the vehicles in the structre or outside? Mr. Junge: Probably outside in the back. I would not have the room innside. I have four vehicles as it is. I would not have the room. They would be locked up anyway, there are no valuables in them.because they would unload the trucks everyday. Mr. Orlowski: Okay, Mr. Latham, do you have any qomments? Mr. Latham; Mr. Junge: Where are you operating now? Primarily out of my truck. Mr. Latham: One of them. Mr. Junge: Well, I have four trucks on the road, take the trucks home at night and I have a phone and we have radio dispatch and sometimes it gets hectic. my guys in the truck a little Mr. Orlowski: Mr. Ward? Mr. Ward: I think the intent, out intent was the planning part, to let this area go to this type of the development. The only co .mments I had was the intensity of development on the site. In other words, 'the, we have been trying to get these lots along the North Road to be more of a setback on the fronts and essitiantly it is building and pavement, that is all it is and we are trying... Mr. Junge: Well, whatever the architect put there, I think it was 60' off the road and there is, the way that the grade is there is almost a~. little elevation. And, what I was going to do is keep 'all the shrubbery in the front, keep the trees in the front of the property. Mr. Ward: I~don't think that is the way it is being laid out. He is showing the pavement centered off the property line. What I am getting at is I don't have a problem, conceptually with the use.factor here. I think that our intent~was-that that whole area would grow in that direction. I think the comments I had is one of aesthetics of putting the building and pavement so tight to the road, I think we could maybe do a better buffering job. Mr. Junge: Well, that was the'idea to keep that behind the trees,. Behind them and on top of the'little hill. That is about where the 10' goes to. Planning Board Page 5 10/19/87 Mr. Latham: You are going to put two buildings. You are moving the parking and everything. Mr. Junge: Yes, he has that all laid out and he doesn't hve handicapped areas available. Mr. Ward: I guess my comment is that there..is a 20% landscaping area that I would rather see out front then scattered around in little pieces. Push everything back~and put a little ~ore buffering on the street. I realize that you~ are not at site plan. Mr. Junge: I really don't heed all that parking becanse what we are going to do is my men come to work in the morning and leave from there. Mr. Ward: If that is the case then, not here for site plan? Benny righf now he is Mr. Orlowski: No, ~his is just for a recommendation. Mr. Ward: A. recommdndation~on zone and I don't think that we really have a problem with that. I think that when you come back for site plan approval, I think, if in~!fact you don't have the need for all the parking that is there, I think we would like to talk to you about it. Maybe free it up a little bit. Leave some more green around the Main Road. Mr. Orlowski: Mr. Edwards? Mr. Edwards: I have no problem with it, Benny, I think we can work on the changes under the site plan. Mr. Orlowski: Ms. Scopaz, do you have any comment? Ms. Scopaz: I have just one question that I would like to ask you. You said something about you probably would be storing materials that you would use in the back of the property because you wouldn't have room in the buildings. Mr. Junge:- That would probalby be when I park the vehicles at night, that is all that would be. Mr. Orlowski : Okay. Mr. Junge: 'The building is a 42' deep, so even if I' parked something in side, even if I had one vehicle in there I probably wouldn't be able to get 2. I would want to park in it overnight anyway. Mr. Orlowski: I think the Board just wants to let you know that they are in agreement with the change conforming with the proposed master plan~which we don't know will ever be adopted. And, just to let you know that this is not a site plan approvaland when the zone change is granted, you will Planning Board Page 6 10/19/87 Mr. about those comments of the Board. Mr. Junge: Do you want me to have Mr. Orlowski: Not right now. Mr. Ward: Get your change first. Mr. Orlowski: What is the Board's Orlowski: have to come back here and then we can talk the plans redrawn? pleasure as far as coming back to the Town Board. Mr. Mullen: I recommend approval. Mr. Ward:..And mat it is in conformance with the proposed plan, I'll second it. ON a motion made by Mr. Mullen, seconded by Mr. Ward, it was RESOLVED that the Southold Town Planning Board recommend to the Town Board that the change of zone for Arthur Junge from A-R to C be approved since it is in conformancewith the proposed Mas~er Plan. Vote of the Board; Ayes: Orlowski, Mullen, Latham, Ward, Edwards Mr. Orlowski: -Okay, thank you for coming. We may get the Master Plan adopted yet. Mr. Ward: Just get everybody to bring their plans in. Mr. Lessard: I would have suggested to him that he make up his mind what he would like to do because he walked through two possibliy three different zones in the conversation. Mr. Ward:. Yes. Mr. Orlowski: Well, the use he'will have. Mr. Lessard: Well, what I mean is that it is one thing to have a shop and another to ha~e fabrication. See what happehs. Mr. L~tham: Well, I would like to see one business for himself, rather than leasing space.~.~ Mr. Lessard: In all probability that is what will happen. An 8:00 p.m. appointment for Mr. James Gray was re-scheduled at his request. TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, JANUARY 14, 1988 Appl. NO.: 3705 Applicant(s): ARTHUR V. JUNGE Location of Property: N/s CR 48, County Tax Map ID No. 1000-96 - 1 Cutchogue - 19 Board Members present: Chairman Goehringer P. Goehringer, Members: Grigonis and Sawicki. Absent; Doyen and Douglass. Also Present: Victor Lessard (Building Dept.), Linda Kowalski, Z.B.A. Secretary and approximately persons in the audience. The Chairman opened the hearing at 7:35 o'clock p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: ...... in the legal notice indicating a pro- posed industrial building of 44,000 square feet and a proposed building in the rear of that 33,350 square feet. And I have a copy of the Suffolk County Tax Map indicating-this and surrounding properties in the area. Would you like to be heard? I should mention for the record that we did have an appalication before us on... Actually the same application except that the notice of the isle was different. And in the interim, Mr. Junge has gone to the Town Board and received a change of zone. And there- fore is back with special exception rather than a use variance which was the last applicatoin. My only question to you sir is; are you planning on building a second building right a way? MR. JUNGE: Yes. CHAIRMAN GOEHRINGER: So you're ings. Do you have any intended you intend to do with that? going to be building both build- use for the second building, what MR. JUNGE: Well, since I've made the application back in Febru- ary, my business has grown and I need the additional space. CHAIRMAN GOEHRINGER: So basically one may be storage and the other one may be an active building. MR. JUNGE: Primarily two thirds of the whole thing is going to be storage. ~age 2 - January 14( 98~ PUBLIC HEARING - Art%.ar J~rnge Southold Town Board of Appeals CHAIRMAN GOEHRINGER: Ok. I thank you very much. Is there anybody else who would like to speak on behalf of this application? Anybody like to speak against the application? Any questions from Board mem- bers? Hearing no further questions, I'll make a motion closing the hearing reserving decision until later. Ail in favor - AYE. Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE App]. No. 3705-5[ Application Dated December ]6, TO: Mr. Arthur V. Junge 6880 Nassau Point Road Cutchogue, NY 11935 ZONING BOARD OF APPEALS 1987 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on March 3, ]988, 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 [X] Request for Special Exception under the Zoning Ordinance Article VIII , Section ]00-80(B) [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for Application of ARTHUR V. JUNGE for a Special Exception to the Zoning Ordinance, Article VIII, Section lO0-80(B) for permission to establish electrical shop use and construct two buildings located as shown on Site Plan dated March 10, 1987, prepared by John A. Grammas & Assoc. Zone District: C-Light Industrial. Location of Property: North Side of C.R. 48, Cutchogue, NY; County Tax Map District 1000, Section 96, Block l, Lot 19, containing 45,589± sq. ft. in lot area. WHEREAS, a public hearing was held and concluded on January 1988 in the Matter of the Application of ARTHUR V. JUNGE under Appl. No. 3705-SE; and 14, 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: l. The premises in question is a described parcel of land containing a lot area of .975 of an acre, or 45,589 sq. ft. with frontage (lot width) of 168.17 feet along the north side of C.R. 48, in the Hamlet of Cutchogue, is vacant, and is more particularly shown on the Suffolk County Tax Maps as District 1000, Section 96, Block 1, Lot 19. 2. The subject premises is located in the "C" Light Industrial Zoning District as approved by the Town Board at a Regular Meeting held December 15, 1987, and is immediately adjacent to the Southold Town Disposal Site at the north side. The premises immediately adjoining this property along the west side is a parcel of 1.2± acres improved with a single-family dwelling and along the east side is a vacant parcel of 39,524 sq. ft., which has also received a change of zone from "A" to "C' (Parcel 1000-96-1-20). (CONTINUED ON PAGE TWO) DATED: March 3, 1988. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appl. No. 3705-SE Matter of ARTHUR V. JUNGE Decision Rendered March 3, 1988 3. Town assessment records indicate that the applicant acquired the premises from Watson Gray on April 6, 1987 (see Deeds at Liber 10321 cp 162). 4. By this application, appellant requests a Special Exception under Article VIII, Section lO0-80(B) for permission to establish electrical shop use as more particularly shown on Amended Plan prepared by John A. Grammas & Assoc., Drawing No. P-1 presently under review by the Town Planning Board (and filed February 10, 1988). 5. It is the opinion of this Board that the 7,750 sq. ft. building together with all parking~and other site-plan elements are consistent with the zoning requirements for this zoning district. 6. In considering this application, the Board has also determined: (a) the use proposed will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (b) the uses will not prevent the orderly and reasonable use of permitted or legally established uses in adjacent use districts; (c) the safety, health, welfare, comfort, convenience and order of the Town will not be adversely affected by the proposed use and its location; (d) 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(~)[2] of the Zoning Code. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Special Exception in the Matter of the Application of ARTHUR V. JUNGE under Appl. No. 3705 for the proposed electrical shop use in the proposed 7,750 sq. ft. buildin~ as shown on Site Plan prepared by John A. Grammas & Assoc' (dated March 10, 1987), SUBJECT TO THE FOLLOWING CONDITIONS: 1. There be no outside storage; 2. All vehicles left on-site must be registered and licensed, for parking only [No storage of vehicles shall be permitted]. Vote of the Board: Ayes: Messrs. Goehringer, Gri§onis, Douglass and Doyen. (Absent was: Member Sawicki.) This resolution was duly adopted. lk G~RAR .... ' D P. GOEHRINGER, G~AIRMAN March 14, 1988 Southold Town Board o£Appeals ACTION OF THE ZONING BOARD OF APPEALs Appeal No. 3635 Application Dated May ]9, ]987 TO: Mr. Arthur V. Junge 6880 Nassau Point Road Cutchogue, NY 11935 At a Meeting of the Zoning Board of Appeals held on August 20, ]987, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Varianq~ Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article III, Section ]00-30(A) [ ] Request for Application of ARTHUR V. JUNGE for a Variance to the Zoning Ordi- nance, Article III, Section ]O0-30(A) for permission to establish elec- trical shop use in this "A-40" Residential and Agricultural Zoning Distr~ct..Location of Property: North S~de of C.R. 48, Cutchogue, NY; County Tax Map District lO00, Section 96, Block 1, Lot 19, con- taining 45,589± Sq. ft. in lot area. WHEREAS, a public hearing was held and concluded on July 16, 1987 in the Matter of the Application of ARTHUR V. JUNGE, under Application'No. 3635; 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 fo,l'iowing findings of fact: 1. The premises in question is a described parcel of land containing a lot area of .975 of an acre, or 45,589 'sq. ft., with frontage (lot width) of 168.17 feet along the north side of C.R. 48, Hamlet of Cutchogue, is vacant, and is more parti- cularly shown on the Suffolk County Tax Maps as District 1000, Section 96, Block 1, Lot 19. 2. The subject premises is located in the "A-40" Residential and Agricultural Zoning District and is immediately adjacent to the Town of Southold Disposal Site at the north side. The premises immediately adjoining this property along the west side is a parcel of 1.2± acres improved with a single-family dwelling and along the east side is a vacant parcel of 39,524 sq. ft. (also located in this Residential and Agricultural Zoning District). /CONTINUED'ON PAGE TWO) DATED: August 20,.-1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appl. No. 3635 Matter of ARTHUR V. JUNGE Decision Rendered August 20, 1987 3. Town assessment records as of the date of this-decision show the owner of the subject parcel to be John S. Wickham, although it is our understanding that there has been a recent conveyance to Arthur V. Junge or Arthur'V. Junge Inc. (& copy of an unexecuted deed from Timothy Scott Gray to Arthur V. Junge dated April.6, 1987 has been furnished for the file.) 4. By this application, appellant requests a Variance from the Zoning Ordinance to permit the construction of an 4400 sq. ft. building as shown on Site Plan prepared Marlch lO, 1987 by John A. Grammas and Associates and referred to als Building "A," with dimensions of llO ft. wide by 40 ft. ~dee~ and shown to be set back 60 set from the front property :line. " to the Also shown on the S'ite Plan is a. future Building B" rear (north) of Building "A". The occupancy proposed by)the appellant is a contractor's business: and shop. 5. No eviaence has been introduced as required by~ law.that: (a) the land in question cannot yield a reaso able return if used only for the purpose of the zone in which~it. is~located; (b) that the plight of the owner is due to un]~que circumstances and not to %he general conditions of the n~igh- borhood which may reflect the unreasonableness of the zoning ordinance itself; _. (c) that the use to be authorized will not alt e essential character of the neighborhood; (d) there is dollars and cents proof to substantiate the unnecessary hardship claimed. ' Thi§ Board is aware that the proposed new Master Pilan Maps depict this property for LIO, Light Industry, whichlwould permit this use by Special Exception approval, and does s'ympathize with petitioner's plight; however, the Board find~ that the criteria set by the Courts has not been sufficiently met and therefore lacks authority to grant the relief as requested. Grigonis, Douglass adopted. Accordingly, on motion by Mr. Douglass, seconded b~ Mr. Grigonis, it was ~ ' RESOLVED, that the Vari'ance.,.requested under Appeal~ . 3635 in the Matter of the Application of ARTHUR V. J~NGE NoBE AND HEREB~ 'IS DENIED WITHOUT·PREJUDICE~ ~ Vote of the Board: Ayes: Messrs. Goehringer, DoyQn, and Sawicki. This resolution was dul~ lk ~ERARD P. GoEH~INGE~; ~)~'~[iRM~ - September 3, 1987 LONG A-C HD F~-80~, B I R-80 ' R--80 A-C NOTICE OF HEARINGS · NOTdCE 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, Southo[d, NY 11971, on THURSDAY, APRIL 13, 1989, at the following times: 7:35 p.m. Appl. No. 3832-- JOHN FORSBERG. Variance to the Zoning Ordinance, Arti- cle XXIV, Section 100-242 (and Article III-A, Section 100- 30A.3) for permission to con- ~ti'hct deck(s) to existing single- famil9 dwelling structure, main- ' taining the nonconforming side-' yard setba~ck as exists at the westerly sma. Lot area of pre- mises is nonconforming at ap- proximately 11,500 sq. ft. in this R-40 Zone District. Location of Property:al310 West Road, Cutchogue, NY; County Tax Map No. 1000-110-5-12. 7:40 p.m. Appl. No. 3839-- DIANE DUNBAR. Variance to the Zoning Ordinance, Article III, Section 100-31 as disap- proved, Article III-A, Section 100-30A.3 and Article XXIV, Section 100-242B for PeruUssion to cons;truct open deck addition with an insufficient setback from the front property line along Dogwood Lane (west). Lot area of premises is noncon- forming at 16,423 :ir square feet ,~ln tl~ R-40 Zone District. tion of Property: 615 Dogwood Lane, East Marion; Map of Garcliners Bay Estates, Section 2, LOt Nos. 98 and 99; County Tax Map No. 1000-37-1-11. 7:45 p.m. Appl. No. 3833-~z~:c' PETER DESANCTIS. Variance to the Zoning Ordinance, Arti* cie III-A, Section 100-30A.3 for approval of open deck addition with an insufficient setback from the southerly side proper- ty line, adjacent to existing fence enclosure. LOt area of premises is nonconforming at approxi- mately 26,964 sq. ft. in this R~0 Zone District. Location of Pro- p~rty: 380 Inlet Lane, Green- port, NY; County Tax Map No. 1000-43-5-2. 7:50 p.m. AppL No. 3836-- ANNA SCHALLER. Variance to the Zoning Ordinance, Arti- cle III, Section 100-31 as disap- proved, Article III-A, Section 100-30A.3, and Article XXIV, Section 100-242B for permission to construct (garage) addition with an insufficient setback from the northerly side proper- t~ line and insufficient total sideyards. Lot area off premises is nonconforming at approxi- mately 11,718 sq. ft. in this R-40 Zone District. Location of Pro- perty: 115 Parsons' Boulevard, (Private Road), East Marion, NY; Map of Gardiners Bay Es- tates, Lot 77 and part of 78; · County Tax Map Parcel No. I000-37-2-5. 7:55 p.m. Appl. No. 3837-- WAYNE L. AND TERESA A. MAZZAFERRO. Variance to the Zoning~Ordinance, Article XXIV, Section 100-244 and Ar- ticle III-A, Section 100-30A.3 for permission for approval of :'existing swimming pool with' deck areas which will have an in- sufficient rearyard setback when attached by a raised deck to the rear of the existing dwelling. Lot ar~a of premises is- noncon- forming at 10,000 sq. ft. in this R-40 Zone District. Location Property: 1650 Gillette Drive, East Marion, NY; Map of Marion Manor, Lot # 17; Coun- ty Tax Map Parcel No. 1000-38- 2-17. 3835SE.~ ~ 8:00 p.m. Appl. No. --ARTHUR V. JUNGE, INC. Amendment to Special Excep- tion Granted under Appl. No. 3705 under Article VIII, Section 100-80B of the prior Zoning Regulations for this previously zoned C-Light Industrial Zone District, now re-zoned to Light lIndustriai, Article XIV, Section 100-141, to include establishment ~0f ,gar ,~rq~aira. ,with. outside ~ storage and future occupancy of vacant building area at easterly side of building (a use to be a permitted use in this Zone Dis- trict). Location of Property: 22355 C.R. 48, Cutchogue, NY; County Tax Map District 1000, Section 96, Block 1, LOt 19; con- taining 45,589+ sq. ft. in lot area. · ---~8:05 p.m. Appl. No. 3834-- FRANK CURRAN. Variance to the Zoning Ordinance, Article Ill-A, Section 100-30A.3, and Article XXIV, Section 100-242, for an amendment to prior Z.B.A. Appeal No. 3769 render- ed October 26, 1988, for con- struction of a pool with deck and fence enclosure with an in- sufficient frontyard setback and excessive lot coverage, at pre- mises known as 780 Ha}waters Road, Cutchogue, NY; County Tax Map Parcel No. 1000-111-01- 016· LOt is nonconforming with a lot area of 19,080 sq. ft. in this R-40 Zone District. 8:15 p.m. Appl. No. 3819-d RUTHANN BARTRA. Variance to the Zoning Or- dinance, Article III, Section 100-32, for approval of lot con- taining insufficient lot area located along the easterly side of Breakwater (or Luthers) Road, Hamlet of Mattituck, NY; iden- tified on the Suffolk County ~ Maps as District 1000, Section 106, Block 9, 2.004 (]art of 2.1). The premises is located in the R-80 Zone District. 8:20 p.m. Appl. No. 3787--- --MARION ROBINS. Variance to the Zoning Ordinance, Article III-A, Section 100.30A.3 for ap- proval of four parcels with in- sufficient lot area in this pend- ing subdivision located along the east side of Little Neck Road, the north side of Baldwin Place, and the west side of Strohson Road, in the Hamlet of Cutchogue; County Tax Map No. 1000-103-10-2. Total lot area: 6.039 acres. The premises is located in the R-80 Zone District. 8:30 p.m. Appl. No. 3813- SHELDON HILLS as Trustee for Barterama Corp. Employees Profit Sharing Trust. Variances requested to reduce side yards to less than the required 20 and 25 feet, and less than the total 45 feet for both sideyards, on this 2+ acre vacant parcel. Zone District: R-80. Location of Pro- party: Private Right-of-Way re- ferred to as Private Road # 11 (a/so referred to as Aldrich Lane Extension), extehding off the north side of Sound Avenue, Mattituck, NY; County Tax Map District 1000, Section 112, Block 1, LOt 12; Southold Town Planning Board Approved Set- Off Map March 4, 1985. The Board of Appeals will at said time end place hear any and all persons or representatives desiring to be heard in each of the above matters. Written cpm- ~ ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time al- lotted. Additional time for your presentation will be available, if needed. For more .information, please call 765-1809. Dated: March 30, 1989 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD [~. GOEHRINGER ' CHAIRMAN ~ By Linda Kowalski · IX, 4/6/89/ll3¥ NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pum~m m Se~o~ 267 of the Tow~ Law ~d ~ ~ of ~ To~ of ~ h~d ~ ~e SO~o~ ~ BO~ OF APP~ ~ a M~g. ~ ~ ~o~ To~ ~ ~ R~, ~d. ~ 11971, ~ ~DAY, A~ 13. 1989, at · e fo~o~ ~es: 7:3~ ~.m. A~I. No. 3832 ~ ~O~ FO~B~G. V~ ~ ~e ~m 1~3) f~ m ~ ~(s) ~ ~S ~D~- f~y dw~ ~aum, m~- ~ ~ n~s si~ set- ~ck as ~m at ~ weedy side. ~ m of p~ is m~ ~ a~y I1~ sq.~. ~ ~s R-~ ~e ~ ~ of Property: 1310 W~at Road, ~ch~, ~; ~ty Tax Map No. 1~110-5.1~ 7:~ pm. A~I. No. 3839 -- DI- A~ DUNBAR. Variance m ~e 1~31 u ~, ~e ~.A' em/: lis Panda's Re~levmd (Prlvam Road)~ East Marin~, NY; Map of Ga.~ Bay Estates, L~ 77 a~d pnrt~; County Tax Map Parcel No. 1000-37-2-5. 7:55 p.m. App1. No. 3837 -- WAYNE L, AND TERESA A. MAZZAFERRO. Variance to the Zoning Ordinance. Article XXIV~ the existing dwelling, Lot ama of Loc~tion of Pr~erty: 1650 Gillette  p~GA38:00 p,m. AppL No, 3835SE --'% p~_m_~_'o~sly zoned C-Light Xndustrial easterly side of bulldog (a use to be a pe~mhmd use in this Zone District). ~nde~ Octdaer 26, 1988, for ce~- RUTHANN BARTRA. Variance to the Ze~n8 Ordinance. A~cle m*, (or Luthers) Road, Handat of Matd- 8:20 p.m. Appl. No. 3787 MARION ROBINS. Variance to the Z~ing O~nance. A~dcle Ill-A, Sec- tion 100-30A,3 for approval of four p~rcel$ with insufficient lot ama in this pending m~livisien located along Section 100-242B fo~ pemmsio~ to the east ~ide of Little Neck Road. the ~nstra~ %l~en de~{ ad4i~on with an north side of Baldwin Pla~ and the (we~). Lot~ of pr~mi~e~ i~ ~= Map No. I000-I03-10.2. Total lo~ ~uforming at 16,423± square feet in this R=40 Zone DistHcL Locad~ of ama: 6.039 acres. The premises is located in the R-80 Zeoe District. Properly: 615 Dogwood Lane, East 8:30 p.m. AppL No. 3813 -- Ebn~ac~..n~. y~.n?lthesom~e.dyfic~proffeny trier: R'80. Location of Property: ft. m this R-40 Zone Disuict. Loca. flea of Property: 380 Inlet Lane, I~trict 1000, Section 112, Block 1, Gmenport, NY; County Tax Map No. Lot 12; Southold Town Planning 1000-43-5.2. Zoning Ontmance, Anlcle iii, Section The Board of Appeals will at said northerly side pmpetty line and imuf. subject hearing, Each hearing will p~.~nises is nonconforming at ap- Im)ximatelyll,718sq. fcinthisR' ,. ,... ~eeLegMe. nextpage ,I STATE OF NEW'aK) )ss: COUNTY OF SUFFOLK) Maribebh Powers of Mottltuck, In said County, being duly sworn, says that he/she Is Principal Clerk of THE SUFFOLK TIMES, a WBekly Newspaper, publbhed at Mattltuck+ In the Town of Southold, County of Suffolk and State of New York, and that tho Notice of which the annexed Is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks successively, commencing on the 6 day of Spr i 1 1% 9 Continued from previous/page ' ' Principal Clerk tional time for your p~sentetion will be available, if needed. For more in- fcrmation, please call 765-1809. Dated: March 30, 1989. BY ORDER OF THE SOUTHOLD ~ TOWN BOARD OF APPEALS GERARD P. GOEHRINGER -- CHAIRMAN 6251-1TA6 uy Lmda Kowalsk~l.~ lApp Southold Town Board o eals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 13, 1989 insufficient setback from the front property line along Dogwood Lane (west). Lot area of premises is nonconforming at 16,423+- square feet in this R-40 Zone District. Location of Property: 615 Dogwood Lane, East Marion; Map of Gardiners Bay Estates, Section 2, Lot Nos. 98 and 99; County Tax Map No. 1000-37-1-11. 7:45 p.m. Appl. No. 3833 - PETER DESANCTIS. Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3 for approval of open deck addition with an insufficient setback from the southerly side property line, adjacent to existing fence enclosure. Lot area of premises is nonconforming at approximately 26,964 sq. ft. in this R-40 Zone District. Location of Property: 380 Inlet Lane, Greenport, NY; County Tax Map No. 1000-43-5-2. 7:50 p.m. Appl. No. 3836 - ANNA SCHALLER. Variance to the Zoning Ordinance, Article III, Section 100-31 as disapproved, Article III-A, Section 100-30A.3, and Article XXIV, Section 100-242B for permission to construct (garage) addition with an insufficient setback from the northerly side property line and JAMES A. SCHONDEBARE ROBERT H. BERNTSSON ASSISTANT TOWN ATTORNEY OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD To: From: Date: Re: All Departments James A. Schondebare. Town Attorney February 2. 1989 Pending Applications vis-a-vie updated Zoning Code Town Hall, 53095 Main Road P.O. Box I 179 Southold, New York 11971 TELE~ItONE (516) 765-1939 As you are aware, all departments are operating under the updated zoning code. The question has risen concerning pending applications and processing of some under the new code. It would be the recommendation of this office that where the applicant meets the requirements of the new code but the relief request refers to the old code section then. and in that case, the application should continue to be processed by the department with an amendment to reflect the correct section under the new code. It would not be necessary to return any such application. Where however, the application while meeting the requirement of the old code does not now meet the requirement of the new code then, 'such applications should be returned. sho Each application should be viewed on its own merits, and common sense uld apply. If a single adjustment or change to the ap,p cat on can be made in order to have it comply with the new code. then ~t would not be necessary, and only fair. to make the change rather than force the applicant .o begin anew, No change or amendment to any application should be made without first obtaining the consent of the applicant, JAS:kjp ~~_ TOWN IUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION Application No. Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: Arthur V. Junqe of 6880 Nassau Pt. Rdt (Residence, House No. and Street) Cutchogue, New York 11935 734-5203 (Hamlet, State, Zip Code, Telephone Number) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE xxvII , SECTION 100-272 , SUBSECTION 100-250 XIg f~ Iq~ 100-281 for the be]ow-described property for the fo]lowing uses and purposes (and as shown on the attached plan drawn to scale): Arthur V. Junge, Inc. Electrical shop, S.C. Imports Foreign Car Repair, and one tenant (unknown at present time) Applying for usage for my shop and two rentals. Also applying for relief of the restriction for the outside storage. A. Statement of Ownership and Interest. Arthur V. Junqe is(~k) the 0wner(~ of property known and referred to as .22355 ~m]n~v Rd 4R ~u~hnmm (House No., Street, Hamlet) ~ identified on the Suffolk County Tax Maps as District lO00, Section 096, Block Lot(A) 19 , which is not (is) on a subdivision Map (Filed , "Map of "Filed Map No. , and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision). ~"/~'~;~ The above-described property was acquired by the owner on · B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use confQrms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: All area of outside storage directly facing Southold Town Dump. C. ,The property which is the subject of this application is zoned~ [I/~ J.s c~n$i~¢nt with the use(s) described in the Certificate of Occupancy being furnished herewith. L ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): and [ ] is vacant land. /~ COUNTY OF SUFFOLK) STATE OF NE~ YORKi ss.: · (Si glSa~u r e ) " ' Sworn to before me this,_?~%l,~ o/~ ~r m5 , 19~ . (Notary ~bl lc) . ' BL~B~HANN N~LLE ~e~arv ~b~ic, State of New York ZB2 (rev. 2/6/86) Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 13, 1989 8:20 p.m. Appl. No 3787 - MARION ROBINS. Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3 for approval of four parcels with insufficient lot area in this pending subdivision located along the east side of Little Neck Road, the north side of Baldwin Place, and the west side of Strohson Road, in the Hamlet of Cutchogue; County Tax Map No. 1000-103-10-2. Total lot area: 6.039 acres. The premises is located in the R-80 Zone District. 8:30 p.m. Appl. No. 3813 - SHELDON HILLS as Trustee for Barterama Corp. Employees Profit Sharing Trust. Variances requested to reduce side yards to less than the required 20 and 25 feet, and less than the total 45 feet for both sideyards, on this 2+ acre vacant parcel. Zone District: R-80. Location of Property: Private Right-of-Way referred to as Private Road #11 (also referred to as Aldrich Lane Extension), extending off the north side of Sound Avenue, Mattituck, NY; County Tax Map District 1000, Section 112, Block 1, Lot 12; Southold Town Planning Board Approved Set-Off Map March 4, 1985. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 13, 1989 of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: March 30, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMAN By Linda Kowalski Copies to the following on or about March 31, 1989: Suffolk Times, Inc. L.I. Traveler-Watchman Town Clerk Bulletin Board (Main Lobby) ZBA Office Bulletin Board ZBA Board Members (with file copies) ZBA Individual Files Mr. and Mrs. John Forsberg, 259 Lincoln Avenue, Rockville Centre, NY 11570 Mr. and Mrs. George Dunbar, 19 Scott Drive, Melville, NY 11747 Mr. Warren A. Sambach, P.O. Box 1033, Cox Lane, Cutchogue 11935 Mr. and Mrs. Peter DeSanctis, 512 Park Avenue, Manhasset, NY 11030 Mr. and Mrs. Wayne L. Mazzaferro, P.O. Box 238, East Marion, NY 11939 Arthur V. Junge, Inc., P.O. Box 768, Cutchogue, NY 11935 Environment East, Inc., 3075 Indian Neck Lane, Peconic, NY 11958 Michael J. Hall, Esq., Youngs Avenue, Southold, NY 11971 Mr. and Mrs. Gustav Bartra, 227 East Breakwater Road, Mattituck, NY 11952 Mr. Kenneth Hills, Mountain Home Builders, Inc. 24 South Court, Roslyn Heights, NY 11577, (for S. Hills) Southold Town Board of Appeals N1AIN RDAD- STATE ROAD 25 SOUTHr~LD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, JOSEPH H. SAWICKI JAMES D[NIZIO, JR. April 13, 1989 ~.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Si~nificanc~ APPEAL NO.: 3835SE PROJECT NAME: ARTHUR V. JUNGE, INC. This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of th~ N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the To%~ 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:A/nendment to Special Exception granted under Appl. No. 3705 to include establishment of car repairs with outside storage and future occupancy of vacant building area at east side of building LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 22355 C.R. 48, Cutqhogue,.Ny 1000-96-1-19 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. (3) EXEMPT - Involves no substantial physical change to existing building or premises. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowals~i, 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. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: /~, /-:, /?-Z}~ L~_~,_~_~' Transmitted herewith is Zoning Appeal No. 3835 application of Arthur V. Juncje, Inc. 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 ARTHUR V. JUNGE INC. ;HANICAL S YSTEMS HF.A~G / AIR CONDmOI'~'~G REFRIGERATION / P.O. BOX 768 CUTCHOGUE, NEW YORK 11935 516 734 5203 March 8, 1989 Zoning Board of Appeals Main Road Southold, New York 11971 To Whom it May Concern: It has been brought to my attention by the Building Dept., that the Planning Board was upset over my complex located on 22355 County Road 48, Cutchogue on two issues. The first being that I have tenants and the second being outside storage. First of my tenants is SC Imports Foreign Car Repairs who does have vehicles in the yard. Ninety percent if the vehicles have plates and are registered. Three or four of the cars are under going extensive repair and do not have plates. I am still looking for a second tenant for my other bay. When applying for all permits required to build for my complex I was specifically asked by the Planning Board and the Z.B.A. as to my intentions and at both meetings I openly stated my intentions were to build a building for my shop and rent out the space I don't use to other contractors or businesses to ease my financial burdens. Both the Planning Beard and the Z.B.A. were very receptive to my plans. The Suffolk Times printed an article last spring in regard to Arthur V. Junge Contractors Mall and I'm sure that the Planning Board has minutes of my intentions and never thought that there would be a problem to rent my building out. I have been trying to comply with every request, and the -2- laws of Southold to operate a clean and neat operation, not to mention the problems I have with the papers and the garbage that blo~s from the Southold Town Dump add I still manage to keep my place neat and clean. At this point I'm not really sure as to exactly what I have to do in order to continue and to comply with your request. May I at this time ask for your assistance to guide me down the right path and what ever applications or forms I have to fill out I will gladly do so. AVJ/dmf Arthur V. J nq~e FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE your application dated .' '.'Y~' 1, .C~...%~....~. ......... 19.~..~. TAKE NOTICE that for permit to Ct, o,..~q.a.~~...)P?4,~'A, ae~--.*..~..~.~., at Location of Property H3~s~ ~o: ......... ~ ...... ~;ebl '~ .......... ~let County Tax Map No. 1000 Section .... ~.~ ..... Block ..... ~. I ...... Lot .... ~. ~ ........ Subdivision ................. Filed Map No. : ............... Lot No .................. is returned herewith and disapproved on the follow~g grounds..~. ~..~~.. , ~ :.~.,....~. ~~.~.~.~. ~.~.. ~.. RV 1/80 § 100-140 SOUTHOLD CODE § 100-141 ARTICLE XIVzs Light Industrial (LI) District [Added 1-10-89 by L.L. No. 1-1989] § 100-140. Purpose, The purpose of the Light Industrial (LI) District is to provide an opportunity for business and industrial uses on smaller lots than would be appropriate for the LIO Light Industrial Park/Planned Office Park District. § 100-141. Use regulations, In the LI District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following:. A. Permitted uses. (1) Any permitted uses set forth in and as regulated by § 100-31A(2) and (3) of the Agricultural-Conservation District. (2) Any permitted uses set forth in and as regulated by § 100.131A(2) to (5) of the Light Industrial Park/Planned Office Park District. B. Uses permitted by special exception of the Board of Appeals. The fo]lowing uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board: (1) Any special exception use set forth in and as regulated by § I00-131B(1) to (11) of the Light Industrial Park/ Planned Office Park District. (2) Bed-and-breakfast uses as set forth in and as regulated by § 100-31B(15), provided that no site plan approval is required. C 10094 z-ss-ss ( ( § 100-141 ZONING § 100.150 C. Accessory uses. (1) Accessory uses on the sarae lot with and customarily incidental to any permitted or special exception use and not involving a separate business. (2) Wall signs as set forth and as regulated by § 100- 81C(2Xb) of the Limited Business District. limited to a maximum of thirty (30) square feet in ares. (3) Freestanding or ground signs as set forth in and as regulated by § 100-101C(3) of the General Business District. (4) Accessory uses as set forth in and as regulated by § 100- 131C(3) and (7) through (10) of the Light Industrial Park/ Planned Office Park District~ § 100-142. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the LI Light Industrial District un]ess the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full? ARTICLE XV3° Density, Minimum Lot Size and Bulk Schedules [Added 1-10-89 by L.L. No. 1-1989] § 100-150. Repeal of existing schedule; incorporation of new schedules. The existing Bulk and Parking Schedule incorporated into this chapter by reference is hereby repealed, and the Density, Minimum 29 Edilor's Note: The Bulk Schedule is included at the end of Ihi~ chapmr, and the Parking and Loading Sehedul~ are in ~ 100-191 and IC~19~'. 30 Editer's Note: Former Art. XV, Amendmenl.~, waa renumbered ~ AfL XXIX 1-10-89 by I~L, No. 1-19~. 10095 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date....~..C~4..~.., .7. ........... 19 your application dated .....~..o.~....~....~. ......... 19 .~..~. PLEASE TAKE NOTICE that for permit to Cvea.. ~~~...)T)+d~.M. ae~ .9~....o~..~..~.~.. at-- Location of Property ..~.~. ~..9~'~ ~~ ~-q- Ho~ No. q .......... ~l~3i ' ~ ........' ............ County Tax Map No. 1000 Section .... ~.~ ..... Block ..... ~ ~ ...... Lot .... I. ~ ........ Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the follow~g grounds..~. ~..~.~... .............................................................. Building Inspector RV 1/80 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z17295 Date SEPT. 13r 1988 THIS CERTIFIES that the building. ELECTRIC SH~P Location of Property 22355 CTY RD. #48 House No. Street County Tax Map No. 1000 Section 096 Block 01 Subdivision XX Filed Map No. XX CUTCHOGUE Hamlet Lot 19.1 Lot No. XX conforms substantially to the Application for Building Permit heretofore filed in this office dated' FEB. 7i~'1987' pursuant to which Building Permit No. 16755Z dated MAY 27r 1988 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this c~rtificate is issued is ELECTRIC SHOP AS APPLIED FOR. The certificate is issued to ARTHUR V. JUNGE (owner, ~) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATED Rev. 1/81 N026184 AUG. 5r 1988 N/A and ~~A~ ~ ,~ as Landlord as Tenant itne ;ett): The Landlord hereby leases to the T.?nant the following premises: the term of to commence from the ~ day of  19~ and to 19 (~A. to be used and occupied only for upon the conditions and covenants following said rent to be paid in equal monthly payments in advancb on lh$ teim aforesaid, as follows: : day of each and every month during 2nd. That the Tenant shall tahe good care of the premises and shall, at the Tenant's own cost and expense make ail repair~ and at the end or other expiration of the term, shall deliver up the demised premises in good order or condition, damages by the elements excepted. 3rd. That the Tenant shall promptly execute and comply with all statutes, ordinances, rules, orders, regulations and require- ments of the Federal, State and Local Governments and of any and all their Departments and Bureaus applicable to said premises during said term; and shall also promptly comply with and execute all rules, orders and regulations o£ the New York Board of Fire Underwriters, or any other similar body, at the Tenant's own cost and expense. assign this agreement, or underlet'or"rider' · or any part thereof, or make any alterations on the premises, without the Landlord's consent in writing; or 4th. That the Tenant, successors, heirs, executors or administrators shall not 24th. The Tenant waives aH rights to redeem under any law of the State of New York. 25.. hls l nd the obli of enant to Sa, rent nder and ments hereund~n part o~ Ten--to be performed sh~l in no~e be aEecte~mpaired or excused '~eca~se Landlord unable to supply or is delayed in supply[ng any serv]ce expressIy or ]mpI[edly to be supplied or delayed ]n making any repairs, additions, alterations or decorations or is ~nab]e to supp]~ or [~ deIayed ]n supplying any equlpment or 6xture~ il LandIord is prevented or delayed ~rom so doing ~ reaso~ of governmental preemption in connec- t]on with a National Emergency or in connection with any r~le, order or regulation of any department or subdivision t~ereo[ o[ any governmental agency or by reason of the condition of supply and demand which have been or are a~ected other emergency. ~. No diminution or abatement ol rent, or other compensation, shah be c]aimed or allowed lot ]nconvenience or dis¢om- loft arising lrom the making ol repairs or improvements to the buildlng or to it$ appliances, nor for any ~pace fa~en to ~omply with any law, ordinance or order ct a governmental authority. In respect to t~e var]ous "servlce~," M any, h~rein expressly or impHedly agreed to be lurn~shed by the Landlord to the Tenant, it ]~ agreed t~at there shall be no diminution or abatement o[ the rent, or any other compensation, lot interrupffon or ¢~rtailment ol such "service" when such interruption or curtailment shah be due lo accident, alterat[ons or repairs desirable or necessary to be made or to inability or di~culty in securing supplies or la,or lot the maintenance of such "service" or lo some other cause, not gross negligence on the part such ]nterrupffon or ¢urtal]ment ol any such "service" shall be deemed a constructive eviction. The Landlord shall not be required to furnish, and the Tenant shah not be entitled to receive, any ol such "services" during any period wherein the Tenant shah be in delau]t in respect to the payment ct rent. Neither shall there be any abatement or diminution of rent because of making o~ repairs, improvements ox decorations to the demised premises after the date above 6xed t~e term, it being ~nderstood that rent shaH, in any event, commence to run at such date so above ~xed. ~7~. Landlord shah not be Hab]e for ia#ute to give possession o[ the premises upon commencement date by reason of the [act that premises are not ready [or occupancy or because a prior Tenant or any other person is in wrongful possession, or for any other reason. The rent shah not commence until possession is given or is available, but the term herein shah not be extended. signed by t~elr proper day .~ I//I 5-- Signed, aealed and dellvered in the p~esence o! And the sald Landlord doth covenant that the said Tenant on paying the said yearly rent, and performing the covenants aforesaid, shah and may peacefully and quietly have, bold and enjoy the said demised premises for the term aforesaid, pro- vided however, that this covenant shall be conditioned upon th~ ~eten._t~on o£ title to the premises by the Landlord. shall be binding upon the parti~ h~reto and upon ~h~ir respective ~uccessots, heirs, executofk and administrators. ~ ~tN~ ~C~O[, ~he parties have inferchangeablp set their bands and seals (or caused these presents fo be corporate o~ce~s and caused their prope~ corporate seal to be hereto a~xed) this PROJECT LD. NUMBER 617.21 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) /SPONSOR -- 2. PROJECT NAME · 4. PRECISE LOCATION (Street address and ~Oad intersections, p~ominent landmarks, etc., or ~rov~de ma~) SEQR 6. DESCRIBE PROJECT IEFLY: ?. AMOUNT OF LAND AFFECTED: Initially ~ ~ acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH E~(ISTING ZONING OR OTHER E. XIST[NG LAND USE RESTRICTIONS? ~Yes [] No If No, describe briefly WHAT IS PRESENT LAND USE IN VICINITY DP PROJECT? [] Residential ~i~lndustrial ?~.["~ Commercial Describe: [] Agricuilure [] ParklForestlOpen space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY PROM ANY OTHER GOVERNMENTAL AGENCY (PEDERAL, STATE OR LOCAL)? [] Yes [~o II yes, list agency(s) and permit/approvals DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL7 Yes ~NO If ye~, list agency name and permitlapproval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes ~NO I CERTIPY THAT THE INFORMATION PROVIDED A~,~BOVE IS TRUE TO THE BEST OF MY KNOWLEDGE J ] Applicantl$~sor nam,: .~ ,~ ~ /J. ~ (.~. ~ ~  ~ Date: . If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse I side) The N.Y.S. Environmental Quality Review Ac of thks form and · . ~ cequlres Submission before any action is taken. (a) In--order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research Or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered NO it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? 2. Will there be a major change to any unique or unusual land form on the site? Yes No 3. Will project alter or have a large effect on an existing body of water? Yes No 4. Will project have a potentially large impact on groundwater quality? Yes No 5. Will project significantly effect drainage flow on adjacent sites? 6. Will project affect any threatened or endangered plant or animal species? .. Yes No 7. Will project result in a major adverse effect on air quality? Yes No 8. Will proj$ct have a major effect on visual char- known to be important to the c6mmunity? Yes No 9. Will project adversely impact any site or struct- ute of historic, pre-historic, or paleontological importance or any site designated as a critical envircnmental area by a local agency? ____Yes ____No 10. Will project have a major effect on existing or future recreational opportunities? Yes ~No 11. Will project result in major traffic problems or cause a major effect to existing transportation · systems? 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 14. Will project affect the existing community by directly causing a growth in permanent popula- period or have a major negative effect On the '- charact~ of the community or neighborhood? pro]ect? 15. Preparer,s Signature: Representing: ZBA ~/75 JUDITH T. TERRY FO¥,'N CLERK REGISTRAR OI VtT ~,L S rATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 11'/9 Southold, New York 11971 TELEPHONE (516) 765-I 801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON DECEMBER 15, 1987: WHEREAS, Arthur V. lunge, by petition dated August 24, 1987, petition the Town Board of the Town of Southold for a change of zone on certain property situated at ~ Cutchogue, Town of Southold, New York, from "A" Residential and Agricultural District to "C" Light Industrial District, and WHEREAS, the said petition was referred to the Southold Town Planning Board and Suffolk County Department of Planning for official recommendation and report, and WHEREAS, the Town Board, pursuant to due notice, held a public hearing thereon on the 15th day of December, 1987, at 8:00 P.M., at which time all interested persons were given an oppor~tunity to be heard, now, therefore, be it RESOLVED that Arthur V. Junge be and he hereby is granted the relief demanded in said petition on the following described property: Beginning at a point on the north- west line of Middle Road (CR48) 750 feet more or less southwesterly along said line from Cox's Lane, said point being the southeast corner of the premises herein described and the southwest corner of other land of the party of the first part; running thence along the northwest line of Middle Road (CR48) South 25 degrees 52 minutes 30 seconds West, 168.17 feet to land of Harris; running thence along said land North 60 degrees 54 minutes 20 seconds West, 252.68 feet to land of the Town of Southold; running thence along said land North 23 degrees lU, minutes 00 seconds East, 188.15 feet to land of the party of the first part; running thence along said I~nd South 56 degrees 42 minutes 30 seconds East, 263.16 feet to the point or place of beginning. Conta!ning within said bounds an area of 1.047 acres. ~.. Judith T. Terr~y ~/ Southold Town Clerk December 16, 1987 QUEST~O[~NAIRE TO BE CO:4PLETED AND SUB~ITTED ~ITH YOUR APPL£CA'FIGN 1..'O[~2~S '['O 'L'IIE ~)ARD O[.' A~PEALS 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 ~ 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 ~ 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 f 5. If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. Yes ~f' e 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 f 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes ~ Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit # and Nature: Yes o~ Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other Yes Yes Yes Yes Yes Yes 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from cQntract) 11. Is new construction proposed in the area of contours at 5 feet or less as exists? 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 app$ication to the Town Trustees for an 'inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes ~ Yes ~ Yes 13. Please list present use or operations conductedBpon th~ subject prope~y ~t this time an~ proposed ~ / Please submit photographs ~or t~u record. I cer/~fy that the above statements are true and are being submitted reli~C~r~f ~peals in considering my application. S~gna~ure (Proper~ Owner! (~nor~ze~ Agent) 1/88 for WETL~kNDS [~'~mended bl-26.Tt; hy L.L. N,~. 2-1976: 85 hy L,L No. A. TIDAL W~TLANDS (1) All la~d~ generally caver,.d or i~termittently ered with, or'~v ~ e ~ bord,,r on, tidal water,.~, or lands ' lyin~ beneath tidal waters, which at mean iow tide are covered by tidal water~ to five (5) feet. ineludin~ but not limited to bank~. bo~s, salt marsh, Swamis5. meadow., flat~ or other low lying lands subject to tidal actinn: (2) All banks, bogs. moadmvs, flat~ and tidal mar~;h subject ~ such tides and ui~on which grows or may grow some or any of the fallowing: salt hay, blacl~ grass, saltwort, se~ lavemter, tall eord~rass, high bush. cattails, groundsel, marshmallow and low march eordgrass; and/or (3) All land immediately adjacen~ to a tidal wetland as defined in Subsection Al2) and lying within seven. fy-five (75) feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANDS: (i) ~Fresh~a~r wet ands" as (Icl[ned in Article 2.1, Ti- tle 1, ~ 24-0107, Subdivisiana l(a) ~ l(d) inclusive. of the Environmental Conservation Law of the Sta~ of New York: and (2) All Iand immediately, adjacent to a "freshxvater xvet- !and," as de£ined in Subsection [J(1) and lying' xvith- m seYenty-five (75) feet landward of the most. land. ~x'ard e dee ora fieshx~.~ter wetland." 9705 N.Z3~ I' N/F TOWN OF 5OuTHOLD A Id$.15' o) IG8.171 750L: Meeting Date:APril 13, 19.89 Appeal No. 3835SE Members Absent, if any: Applicants: Arthur V. Junge, Inc. Relief requested and liocation: Establishment of car repairs with outside storage and future occupancy of vacant building at easterly side of building 22355.CR 48 Charles Serge James Gerard Joseph Cutchogue ~6-1-19. Grigonis Doyen Oi ni zi 0 Goehringer Sawicki Resolution made by: Seconded by: ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ACTION: ( ( ( Approve as applied ( } Deny as applied ( Deny without prejudice ( Deny Withdrawn Without Prejudice as requested Approve with the following Conditions: [I] [2] -[ 3] Subject to County Planning Referral Subject to Planning Board approval Subject to D,E.C, [4] ( (x} NOTES: [ ] This Variance is temporary for a maximum period Specia~ Exception criteria appli(of two years, EXCEPT Prior application conditions appHcal[ ] where the progosed subdivision has been ..... withi finalized by all agencies and the parcels have been transferred by deed or other legal conveyance to reflect the subdivi- sion lines accordingly. a building permit has been properly issued and construction commenced n this limited two-year period. VOTE OF THE BOARD: Ayes: ( ) CG Nays: ( ) CC Abstain: ( ) CG Absent: ( ) CG ( ) SD ( ) J D ( ) GG ( ) JS ( ) SD ( ) JD ( ) GG ( ) JS ( ) SD ( ) JD ( ) GG { ) JS ( ) SD ( ) JD ( ) GG ( ) JS Resolution was passed: ( ) unanimously Resolution was not passed: ( ). This application was recessed until ( ) by majority vote ,***% ® c¢ ~o 350 Z Legend A,-C HD R-80 LONG R--80 A-C TOWN OF SOUTHOLD 'PROPERTY::REC'~D%CARD.-, ,~ SUB. LOT ..... ~: FORMER OWNER .RES.,;.~ I / SEAS. ~,., LAND IMP. , AGE NEW -. ;;.-.: NORMAL ~FARM, . Acre t -~TOTAL TIIlal~le FARM DATE //~o .. BUILDING CONDITION E ACR. 'D.'t'-r5 ~_, W TYPE OF BUILDING /'V. 1-/.~¢ ~?/~: / .-_. · ~;~ ~, BELOW ABOVE Value Per Value Acre COMM.: CB. MISC, Mkt. Value REMARKS r/~ ~ /, _-~, ., /. '~-' '" :' · ~v ", k ~ o,~ ~ ~.~ ~r~-,U :~lahd ? I~rushland ,,, ~. FRONTAGE ON WATER FRONTAGE ON ROAD ,._~ . _ DEPTH ' '~' BULKHEAD .~.-: ',~: P 823 9~0 341 RECEIPT FOR CERTIFIED MAIL (See Reverse) ILlo %'o o Cemlied Fee Specfal Dehv TOTAL .os~s ;OUTHOLD of : ~ of Southold : ~ing 11935 NOTICE TO ADJACENT PROPERTY OWNER VEN NOTICE: ' .~rsigned to petition the Board of Appeals of the Town of Southold ~Special Permit) (Other) [circle choice] ). 2. That the property which is the subject of the Petition is located adjacent toyour property and is des- cribed as follows: 22355 County Rd. 48, Cutchogue, Ne-,,' York 11935 3. That the property which is the subject of such Petition is located in the following zoning district: Dial. fiat IOOf) ,q~r~-.inn Oq6 Bloc'k O1 T,nf. lq 4 That b,~ such Petition, the undersigned will request the following relief: 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article XXVII Sect/on 100-272 [ ] Section 280-A, New York Iown 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 ma), 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: Petitioner ARTHUR ¥. JUIIGE Owners ' Names :__ P,.__~J~LT_~. Post Office Addre0utcho~Ue, L011~ I~dllld 119~$ Tel. No. ( ) ~7 ~ ~'~, f2 ¢--~3 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAMI~ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: /"~ ;. ,~r~ ~a_~.~ . Al ~, . being duly sworn, del~oie~an-d says that on the ~ day' of ~/~1- ~,-,~_u , ¥) ~ , deponent mailed a true copy of the Notice set forth on {he 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 asse--~ment roll of the Town of Southold; (certified) (regis'~red) mail. Sworn to b.etore me this ~ ' Notary u .c that said Notices were mailed at the United States Post Of- ; that said ~~,-'~ b I~ Ng~ces were mailed to each of said persons by N ELiAs ..E~ ANN NEVILLE N~t~'~. ~.%b~e_. State of Now York ' -~ zb~50, Surf Term Ex ir elk Cou ~ D es October31 19~ (This side does not have to be completed on form transmitted to adjoining property owners.) P 823 960 339 R.ECEIPT FOR C~TIFIED MAIL NO INSURANCE COVE~,GE PROVIDED NOT FOR INTERNATI~AL MAIL (See Reverse) Postage ('~ Special Dehvery Fee Restricted Delivery Fee : SOUTHOLD ~n of : ~,n of Southold : 'k 11935 NOTICE TO ADJACENT PROPERTY OWNER GIVEN NOTICE:  ersigned to petition the Board of Appeals of the Town of Southold (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: 22355 County Rd. 48, Cutchoque, New York 11935 3. That the property which is the subiect of such Petition is located in the following zoning district: District 1000 Section 096 Block 01 Lot 19 4 That by such Petition, the undersigned will request the following relief: 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article XXVII Sect/on 1 Q(3-~72 [ ] 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 5outhold Town Clerk's Office at Main Road Southold, New York and you ma), 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: Petitioner Owners ' Names: Post Office Address Culchogue, Long l nd 11935 Tel. No. ( ) ~ 3Z~ ~ [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS NAM~ ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK) · ~I L. ~- ~ ¼ ~1~ ' 0,,~! ~ , being duly sworn, deposes and says that on the ~ day of 1 I JA ~V~ ~ ,9 ~%~-~ , deponent maded a true copy of the Not,ce set forth on thee re- verse side~h'e~e~)¥, dir'~cted to each of the ab6ve-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- ficeat (~')_ f.(~ ~'~'LD~'_c:C C A./ ,~ ; that said Notices were mailed to each of said persons by (certified) (registered) mail. C~ '~ Notary Public 'D/- ELIZABETH ANN NEVILLE Notary Public, State of New York NOI 52-8125850, Suffolk County Term Ex~ires October 3!, 19.~ (This side does not have to be completed on form transmitted to adjoining property owners.) CURB ~ PAVING DETI ROAD SITE MIDDLE " -( C,R.'48 ) I£0' WIDE PLAN ,",-- zo' TEST HOLE SITE pA'IA 830 WILLIS' AVENUE :, ', AL, BERTSON,N', 115OZ" , ,,.".