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HomeMy WebLinkAbout5177 1t00‘ fee FORO. 3 MN �� TOWN O'SOUTHOLD \\\))\ \ AY 2 0, \r)BUILDINGDEPARTMENT \ \`I - SOUTHOLD,N.Y. I_ �}- NOTICE OF DISAPPROVAL DATE: May 17, 2002 TO: Matt A Mar Inc. 2255 Wickham Avenue Mattituck, NY 11952 Please take notice that your application dated March 17, 2002 For permit for construction of two sets of accessory boat racks at Location of property: 2255 Wickham Avenue, Mattituck,NY County Tax Map No. 1000 - Section 114 Block 3 Lot 1 Is returned herewith and disapproved on the following grounds: The proposed construction on this conforming lot in the M-II District, is not permitted pursuant to Article XII, Section 100-121C(1),which states, "Accessory uses as set forth in and regulated by 100-31C(1) through(7) of the Agricultural- Conservation District, and subject to the conditions of 100-33 thereof,"which states, "In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200, and R- 400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: "A. Such buildings shall not exceed(18) feet in height." Both sets of proposed boat racks measure+1- 28 feet in height. 40, A• •rized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. Cc: File, ZBA ' PLANNING BOARD MEMBERS �i�®�®�U�F®�d��® BENNETT ORLOWSKI,JR. ��le�� 4.�` P.O. Box 1179 Chairman s=1 Town Hall, 53095 State Route 25 y Z ; ,Southold, New York 11971-0959 RICHARD CAGGIANO ��� Telephone (631) 765-1938 KENNWILLE AM L EDWARDS #✓jJ®� a �J.CREMERS �' Fax(631) 765-3136 MARTIN SIDOR. Dallg �� PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM T: Gerard P. Goehringer, Chairman, Zoning Board of Appeals F: Scott Hughes, Senior Environmental Planner R: Matt-A-Mar Marina Application # 5177 SCTM #1000-114-3-1 D: 23 October 2002 At the 21OCT2002 work session, the Planning Board discussed this project and concluded that it "does not have a problem" with the installation of the boat racks. However, they must be situated as shown on the site plan map received on 16APR2002 (inset attached). I thank you. . 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QFE. 3 ` • l/ it/B BIICif�C \ .E o TREE �-J D �•'� �-� wPARKIVG a REI , ' ` BLDG d 0 ELECT. �� _. a _{f l gy ,�. f R KING 114alvs ,- •s- `mac 0 TREE � \ 1>•-c---1 PAR .�� • I * �rl�. �, 4..�� zy s ' ' ' ' '��. .�4 �-: 4- L..', zoo �o�TREE TREE r� ALT ''x—Z'O SHOP ..- -,......,..2,-,,, TREE' lit'.11111/7471,4r4 4i fir i r ti, N. TREE i t.. STTREit90AT TRE ••• - ��coNT �_ •• ', �. ` - STORAGE 1 TREE \ f r\. • In---------AriNs— _ ^ d''ffirlik 61:141....-"••'"'"T"......-- - i�//G p �'•1 _. / BUILDING_ I TREE _ MAtL Ay� � / `� - 1 ., , • n _______I / r` KDOD EIA . I a 1 THEE ii - fir• 7 �i� 0 i PIM,FLA. a EL. 11.E 0 _1r f(,I I •. I' I • r !K1rli:• /�- o �%C� -�� R N I. no p/u/nb//J� or rv1er suP/2/y • �r A _ servrn� fh/.s /d9 , eery ) 3 1 14 M f� .° ` ' \ / i . . • .. • ,.,,•••. 1... . ; ' % . ”. ' ' • - .O. -l r IIME • `/. -• - .. � ., _ 1, �'` , • 3 l - ,,.� ti,.�atraua�i- :: r s�s -_• ' +7a aria en war NNW MI unser �.. or:mow,' o A S1� wtV �� •s 1/APPPALS,BOARD MEMBERS ,i ��FF®�� _ = • } ��, ® eo Southold Town Hall Gerard P. Goehringer, Chairman ������ 4 fi 53095 Main Road Lydia A.Tortora P.O. Box 1179 . `s• �s Southold,New York 11971-0959 George Horning .' Ruth D. Oliva 4° ®. S ZBA Fax(631) 765-9064 Vincent Orlando --_ •of' Telephone(631) 765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD TOWN MEMORANDUM TO: Planning Board Attn: Scott Hughes FROM: Zoning Board of Appeals DATE: October 7, 2002 SUBJECT: Matt-a-Mar, Inc. Proposed Boat Rack Structures Appl. No. 5177 (Height Variance) The Board of Appeals is reviewing an application submitted by Matt-a-Mar, Inc., for which the Planning Board may also have jurisdiction under the site plan regulations of the Zoning Code. A copy of the description details for the boat racks is enclosed, and we have ask Dr. Agarabi to contact your office for submission of the site map and to request a preliminary review under this joint-department coordination step. • Would you please forward comments or suggestions, before November 7th, if possible, regarding zoning site plan issues that may be of concern to the Planning Board. By way of a copy of this letter, we are also asking the applicants-to contact your Department (765-1938) to determine if submission of site maps, an application, or other documentation may be necessary for your Department before commencing site plan review(s). (Please feel free to review the official ZBA file at any time that is convenient for your staff.) End. Ae-ivr ac; 6/ ! � � D 4/6d74 �fo�tJ • Submission Without a cover Letter Sender; i' G R ' 1 ( ,-__ o f - a Q Li 7 Subject: 4-ea-, eack . cam./ 'Lt a - q - 11.t -, ' 1, .(J,A g1. SCTIff#: 1000- S 5 — 10 — 'f - 1 - Ld l 3 Y k 5 , it! t( - e Date: t A ),,- 0 A., . continents: . 2._a.. 0-..-t11%,-----.- -' P..,,,,, ,. ...A el Rt,-.0.11 , . ()o • •j . ' r, • A Si p14'v y-PtgGIC�IT1cA) 4— ck • criLFcfc W.- 117/ ‘4,4 - scro .1 • • ,I1 ` Ii' �\,\ , OCT 1 '7 )2 r 8, wi /� _¢ r1 .OFFICE OF 2495 � / BOARD OF APPEALS 1/a v Southold Town Hall 53095 Main Road Southold, NY 11971 765-1809 tel. 765-9064 ZBA fax. *swddeiMie*********rHtk******ir*** **kk,k*k,P****k#**** **A*�k ,kk,kk,M****,kk*k***** *tF***trirint**f**** REPLY FORM Dated:TO: 8-6 la4-41/1: m- -7; /2 0 517 7- _e)'O `" 1 ntIV, l Zv o Z 13.4441c ( Your application is incomplete for the reasons noted below. ���� ()1)-- Itis requested that the following be forwarded as soon as possible (within about �Tdays, if feasible). The advertising deadline is 22 days before the meeting date and the information is necessary for review and advertising purposes. You may forward the information by fax at 765- 9064, however, please send the original by mail. Thank you. ( ) The appeal was not filed within 60 days of the decision of the Building Inspector. 0-Missing information -please see missing information checked below. Please submit all the documentation, together with information noted below. If you have any questions, please call us at 765-1809. Thank you. Information requested: ( ) Notice of Disapproval issued by the Building Inspector after his/her review of this • particular project map. ( ) Check payable to the Town of Southold totaling $ ( ) Signature and notary public information are needed. ( ) An original and six prints of the map were not included. (Preparer's name and date of preparation to be shown.) ( ) Setbacks must be shown for the subject building to all property lines, with preparer's name. ( ) Six (6) sets of a diagram showing the doors, number of stories, and average height (from natural grade). ( ) Ownership Search back to April 23, 1957 for the subject parcel and all adjoining parcels, certified by a title insurance company, and insuring the Town for$25,000. ( ) Copies of all current deeds and tax bills of the parcels back to/� i Other: p.�OI.Ld.2. .444--nu4 L,t.,laht [.� /f9 yr-4-11-) .,tts Zer) Avy �- � . 1-A net %4 Jc Friday June 7, 2002 Board of Appeal Town of Southold NY 11952 Dear Member of Board of Appeal, I would like to ask for your approval to assemble a steel boat rack at Matt-A-Mar Marina in Mattituck, New York. At the present time the area is used to store large boats with a height greater than 24 feet. 10 bays boat racks for smaller boats will replace this area. Dimensions are: 15' wide, 25 deep, (4'-8'-12') 24' total height from the ground. I received permit from the board of trustee after notification to neighbors publication, public hearing. Also I have sent an application to the planning board. ank + or your attention. 1f, S' cerely, Ali Agarabi MD 631-298-4739 631-298-1475 I,,, .i/I • � ''Ie .40�uFFOB�Co;\ ELIZABETH A.NEVILLE �0 1� G*�; Town Hall, 53095 Main Road TOWN CLERK % ® - % P.O.Box 1179 ti Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS0 4 0, Fax(631) 765-6145 MARRIAGE OFFICER \` �� RECORDS MANAGEMENT OFFICER =,_'*®1 �A. ��0 Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER �,���� southoldtown.northfork.net - -......• OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: June 21, 2002 RE: Zoning Appeal No. 5177 Transmitted herewith is Zoning Appeals No. 5177—Matt-A-Mar,Inc. -Zoning Board of Appeals application for variance. Also included is a letter from Ali Agarabi,property survey, applicant transactional disclosure form, ZBA questionnaire, notice of disapproval,notice from building department, and building permit application. Town Of Southold P.O Box 1179 II Southold, NY 11971 * * * RECEIPT * * * Date: 06/21/02 Receipt#: 923 Transaction(s): Subtotal 1 Application Fees $400.00 Check#: 923 Total Paid: $400.00 • Name: Matt,A Mar Marina P.o. Box 1235 Mattituck, NY 11952 Clerk ID: LYNDAB Internal ID:57227 w t �• Foj Ot#ice Use Only: Fee$ �p /�I3 1�-� 0 ,ry®, Assigned No.1�/7 7 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR a �. aact4d> DATE OF BUILDING INSPECTOR'S DECISION APPEALED: .. .I��.1•�i.at•.!?�- !� TO THE ZONING BOARD OF APPEALS: I (We) ...i9 7C4' ' � /k C . / L4 4-61t1-496I of..�e-. kid f Morn irate `l11'1 (Appellant) (Tel #b.3f- ��/- � �9 ) APPEAL THE DECISION OF THE BUILtSING INSPECTOR DATED `i 7 '74702-- HEREBY WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED..,.,//.74 Q7_FQR: (i.4 Permit to Build ( ) Permit for Occupancy ( ) Permit to Use ( ) Permit for As-Built ( ) Other. 1. Location of Property 2isr to/t'-®ice, I4'1 7 -C4-� 13') District 1000 Section.I/.4..,.Block.3..Lot s , i . Zone � Current Owner./11-1 � -41 2. Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection and paragraph of Zoning Ordnance by numbers. Do not quote the law.) Article . Section 100- J.1'4. .Sub-Section / 3. Type of Appeal. Appeal is made herewith for: (0 A Variance to the Zoning Ordinance or Zoning Map ( ) A Variance due to lack of access as required by New York Town Law Chap. 62, Cons. Laws Art. 16, Section 280-A. ( ) Interpretation of Article Section 100- ( ) Reversal or Other: I 4. Previous Appeal. A previous appeal property or with respect to this decision of the Buil h nsg Inspector(Appeal # Ymade with res Year to this ear ) REASONS FOR APPEAL Additional sheets ma be used with a. •ilcant's si•nature : I AREA VARIANCE REASONS: (1) An undesirable .,hgnge will not be produced in the CHARACTER of the nei hb or a detriment to n ,rby properties, if granted, because: 9 orhood C4-- fieri- 0r -lig ,4►pc 7y I�itC- 130 i R,ite eA�(oa£nth -/Ai o •trd� �>�y 57o,rt;� 0 (2) The benefit sougrt.t by the applicant CANNOT be achieved by some method for the applicant to pursue, other than an area variance, because feasible 01/60-969 AP- eg4P6t *w® s*`c S i o 6�-6 of -7-46; S m5 f!/M+f !.S (3) The amount of relief'rer u ;sted is not substantial because: 'me N6pow-C'u ld Owl-if Ski 6nj ivilacsr a6,4)61amS 14-c...es /'N 7i( 164. IN rr�J (�Tdd C �-�'r S�u er Sr044-166 (4) The variance will NOT have an adverse effect or impact on the environmental conditions in i:••e neighborhood or district because: T t4J L j�p�.� Si.v„t � Physical or ! livat- LCs •Tilt á ' r of A>41-S A) Tire t4)*r A FCLf7i�it, � RYC-� T-vlL 7is�, (5) Has the alleged difficulty been self-created? ( ) Yes, or (V) No. This is the MINIMUM that is necessary and adequate, and at the same timeres • neighborhood and the health, p erve and protect the character of ti community. safety, and welfare of the ( ) Check this box if USE VAMANCE STANDARDS are`co •leted,,and attpch- y Sworn to before me thisd. \ r �r=da of (Signature of App Rant or Authorize. ••• •..., 20 0.4 (Agent must submit � , gent) .! ;R o'.- i., , Avthoriz - om Owner) ZBA App N. ; Public 08/00 SALLY BLADOS Notary Public,State of New York No.4799955 Quarried in Suffolk County Commission Expires June 30,20_; / , . {;a QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached. ) 04/ 41&4 /YID. B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes { VI No. (If Yes, please attach copy of "conditions" of sale. ) C. Are there any proposals to change or alter land contours? { } Yes• {VI No D. 1. Are there any areas which contain wetland grasses? /SID 2. Are the wetland areas shown on the map s„hmitted with this application? 3 . Is the property bulkheaded between the wetlands area and the upland building area? 4. - If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determ nptin of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? NO (If not applicable, state "N.A. ") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? n9 3 ni e If none exist, please state "none. Tt G. Do you have any construction taking place at this time concerning your premises? /JDI4- If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? AA0 If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel 4ave SCrdt,L gra.osedeuse 604-rSToea_q-CA and Authorized :•• .L re and to 3/87, I0/9_ 4 tl • ip� YI - Q 4111 APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold ' s Code of Ethics prohibits conflicts of interest on the part of town officers and employees . The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same . YOUR NAME: AVIM4* 61 i (Last name , first name , middle initial , unless you are applying in the name of someone else or other entity , such as a company . If so , indicate the other person ' s or company ' s name . ) NATURE OF APPLICATION: ( Check all that apply. ) Tax grievance Variance Change of zone Approval of plat Exemption from plat or official map Other ( Ir "Other, " name the activity . ) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? by blood, marriage "Relationship" includes ess int interest" means a business,lnincludingeat_ "g a nersne eps which the town officer or employee has evt enaparltialin ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares_ YES NO 1 If you answered "YES, " complete the balance of this date and sign where indicated. form and Name of person employed by the Town of Southold Title ox position of that person Describe the relationship between and the town officer or employee . yEtherf e the thplicant ) appropriate line A) through Either check the provided . D) and/or describe in the space The town officer or employee or his or her spouse , sibling, parent , or child is ( check all that apply ) ! ) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) B) the legal or beneficial owner of any noncorporate entity inns no is a (when the e applicant is riot a C ) an officer, director_ , partner , or employee of the applicant , or D) the actual applicant . DESCRIPTION OF RELATIONSHIP Submitte, -his da.-y of Signature ` - Print nme_-- 1.,1 �_ R . . , ... ... t - • . ,. . .... ' . ,.. . , ., .. . .... ' TOWN OF SOUTHOLD - PROPERTY RECORD CARD // 7-_.? - / / 1 "- 0....... • —ff--• OWNER STREET • ,„-, i..-: VILLAGE e., DIST.t SUB. LOT •i, ,....— /A --7 ,khilinr, ...„0 C ' (f' ! ; (', • rc •`, il'in,, ,,,1";_`;,--.1.-..-",-;• , :' , - - , ' FORMER OWNERWC-ckhaw Kj- 'vial-if -1 -4f ist, E ACR. f , /-----, .e :, :•,-. • '- 0,1 i ',"...-, /-1'i (.. 'f•-•' -I - u(12 ,. ?2- Y , S W 1 FRE OF BUILDING • .17l ..1-`-fr, -, I ,- ...: ,,P : ,,, '1, il pi• , , ,„---- --,-,,, RES. j.76 SEAS. VL. FARM (COMM); CB. MICS. Mkt. Value ,4 ), --- I filAirlf-: 4,1--)'.'-. _ 47. LAND IMP. TOTAL - DATE REMARKS , ‘,..) Li.4, c., b ,-/ ::,-,,, ., ...- , .f.i- /7, )',..rs - " .9 ,/ / - I ' C- ' c,'-), '/ Ye-; _5-7/,-,'.,...i-ii7) ,-..',",-‘, e -4.:-.,-,44,_ ..„--,4> .: '...-. ,... . ----, - ,... _ n., ...." , / 1,.-. ••‘i :,? :LC ?.:.) J ;) Li 6. ,'.. 6 ,--t, i P 0 .0.v 71',1- ,', /7 13 4V/A ,A.',iC,' ific.'1) /'' /1 X,- 2),c• 1:, /75 z.:: 1 , 2-- / ,'-, ,... ,, 7:14.--e) ,53:1,/ d_,-.) --c't-,---,,,,/r"-) '':/ ' ,7,/,., 4,,,,L,,.„i ,,,c.,, //,, , -, , /,, 1-kg;,,,,:,,,. I., ---) , ' f?)6Z•i_h7() ;,'1 --;),'---- : !, l ') '2-//2.9 S„,_& (>1c). 1)Ga?et A; 71-C.) 11/U i(jg)116 i--/}1 A ..7) I 1 ;., \ ii i . - I I ••••------- ,--- . : '`''I(..")D ---) t:— i •-- ' S--- 9 1 oc> # )/i..-: 1 7 • lo I .‘,.., k,--,,'„ :,---,,r.-'-'' v "1,-3,1, 7-..-,- ,..-:,1-.,-..-:, :.... -2 r-. ...,...(-2_. .,-,,.....13 , ---- _ .,-) -.) .-1. ri"'" - -, Z 'TD c i G )14 or) 11 3') i oc ?--/5—/q:-) /0/(0/5 g—K,1,---}--1 7,-)t. ,(,- ',(:.esf..., :.... ;,-,f a -...j v-Li, 1( pr,-- , ,..._., ,c/c,z , (5.-,-,, ..,,,(,;/..)---- ,,'y ,./) - i' e,-. 7 6, ': 0 ,2 4‘ 4/6)° 5/ 1-00 .?/,/o-c‘ 1 i cl,s-i- -t .1Z4(2c0 1 / VAJ:4.-(C-/-:i):q i r) or(-q{ Mci(---i ina:. -0 Mc -,-I- Mccr. In )//..-7,..-)/ 1 / 6 Lir ect, t:.,-J.f.-,...G. 0,4..) c::,, ,_,I' I- i-.' :`. '',A) 17--v; 'i 1,-I-,,-,c , r 1_,.j ,' - ' - \ • I ,-- /7 7''< . Li— c.-.2 0 / i ., C(``' /(') r-7:5 - 74*.r'-'2 .2:;) C75'.'5 - C 0 t) i q0,c ye!,- C 0•'-\fl e—e-/ c2 P, ...-it i rg: ..s' •-I ,--• ei:),-,• ,-1 Tillable , . FRONTAGE ON WATER - u„..,, 0 ' !",.1 c.."'c•'• '::.. --) ..51. to ,•,, • , _. , Woodland FRONTAGE ON ROAD Meadow land DEPTH .• f - -(., rsi• -.-•''k : 7,- -,,) _ House,t=lat BULKHEAD , -' Total . ,)277lir 6P-1- c%)2 1/g/ r 1 rxockle:/-1-r I G A r7,4(,_. /.11_, Z----\_ /' ' •i • I v ,/' , ` ,).,y/ COLOR t TRIM " ` \ S�. �\ �_ rii'', ',3�;' ',4 ki 4' 'i+�`4Mkt ` ■i,1l■■■ '��■■"■I■ ,),' MEN■MN rs„Jr� ' ��- '�� , -04,44,444.,, ,0„0p } ■11w■HE n MMEN1I `I■■�■�[■■1 ■■■■■1 4.1101,1--4 -!”,-,,, 1,1- F'0 .t - "'�S ''4 �((("''-'.^* , Ctft ■I1N■■■■■■111I11W■■■■11■U ■� ■U■■ ` _ ,, In F ,,„'x). . ® -1i.,,,F; `�' .pis , t ? , IiIIi!IIIIII1i1IiIIIIIIII M. Bldg. o / 8 / b v /J`'�'' ■ ■■`�■■I JAI■■1111■1111■■■■■11■■■ K 3 / . �a iIUuIIIi!IIIIIIIuhuhIiUIIII Exterssi 3,ax3 > „,.3a >e. 93e3 Extension t; /6 x .,‘,: f • 8 1 rr /v , 67. %l 4 1I 1 • Extension to ••, , , 4` , ,� s6 . ,, 0 r.6 D L -3.3 X ',.L ` r o 0 ,-f` ,- `f, -- Foundation ,•••-e ,, Both Dinette P- .°a N IiiMIEREIMI__Basement .... . Floors K. testi k--,1,•;,',L Li `� _•.-).�= 'a � �� ,, Ext. Walls � � Interior Finish LR. Breezeway f Fire Place Heat DR. Garage Type Roof i fJ_ Rooms 1st Floor BR. Patio Recreation Room Rooms 2nd Floor FIN. B O. B. Dormer Driveway Total r �f 1) q .& / TOWN OF SOUTHOLD PROPERTY RECORD CARD_-•2.t = , ar OWNER STREET VILLAGE DIST. • LOT ' W-a/e74'' -- — /9– t7f/(415cA/ g-C t ;:- , FORMER OWNER E ACR. W1,124 /691-et;;Z-4-- / \ Kihe,e; S W PE OF BUILDING • Y11L1+, 1c•.''`,,;�>'r l + ll�.a. ki•-d-v,..'r• 77)/lQto C/f..2.?,k• 4. RES. SEAS. VL. . FARM COMM. CB. MISC. Mkt. Value '` ---_._ LAND IMP. TOTAL DATE REMARKS t i /� fj ry /� .,may �t k- a' : '? 3 V 0 0 , // ( f r '�! c...k„e � G,. Frii t.' L (.{ .� t F'!!_ r,.,..-$i.-- r,.1 "}�4+• 4; 'ru",•., �CQa/� .51O 0 ;°'' .-t{?--~ .. 9',5 0 0 ' �d v, .. -_.Y_ M ;�.. ... .. ..... :.. u✓ "I 0 �l'i -- •- ) lir, / ,( d e• P, �" ,,-) �,•7: -''_r. t'A7) "r i - -.J "�J�,. of; ,- "" ( �/!i��•r /70 cJCi (/ , DD o .- - !J r ''1 - --, 11.lF r� L://t/ ..4 '," .Z`*I C'lel 9 � �, r x_� � ' •ti ! J r%i l f `" �� J C' (I/ J�' !F %Z'v, l//(p/ 1 U' ✓ 7"ti1/e� r'4i ,_. . . ' 1 ; , . i el) , , ,L, e, ,, 1. ,„ _, .,„,, li ,„ ,,, :-..,, . , , i., , 3c ilial II , „.„\-- 0 ,/,./ - _..,_-, iii „ , ,L,^6C- r• , ,'f t'...'; . !I, III 1 f , moon . -ii, i \ • ,,, - ._ 4 „...., _ al y , , - r''S , - — COLOR -". ,- .1 ' (1- ' 4 _ 710` -If' -' TRIM .., egt- -.. , -' ' '- I-' L -` ---1'mr,.-_ ,.. , . '---, • - -„-„, i _. , 1 11__1 ei, ,.... „ .. ' `-'1--- I. ' 17 t._ ,„..., , - ,--- _---,_. ,....-_,.4. 1 1. - --...,..----r. r ' \\\ -,..t.-------- V, !Al 4-1 L.-,. ':, '.0,'' ,,'-',: ' - _ t li.,-;\., 0,14111Tili 2". '?-• \ IF I i , *"•---"a' ,.='°".;;idr4-,ee;_,-r,*n.'Zf,:r,A5f-,;,2FeM't-'A'A, ",,45,'7,11,th IV:AAFZ...,.4::rctt-ei'rli.--+; i _ , II _ 1,-g',.Y. ,-,ek.k):::A0'''yc,,_'-';?,-Q„.-:,:e: ', -,-.;, ,,..1,:-:-... 4.rg4:±441.02:;.;.-"'• c'! ';.7,3:,' , , , sS--At ,151, ., ,• '..:'--<•2 .. 't-I'..: =0„,,24---,..-4,•VAL.447,-p-"A. ,,,-, x4.?--.;..•;4'',,,g-t..:-.4---.4if..- --.21'-""" ""- . .- _ ,WL154-0.4,v,,,34:,,;-/.46-It. .1 ;4,44,--)E.1.1r._,7 -•-,,_1,'l''., '.---;•. I, '... r ' .g ";. .,ki.,I-y_,o,r,Az... ..--zr.f-e-.,exic.p...':. -oiqrr."!:f,=-'- -Fk-r""'',' Dinette _ 1--P"-:#?-?-4z-.15,.:-/k-:-,1; ',-k.',,,-*.it,-°A.1.1!?-t-"?.---..-",;,;----e,'.(4 Bath. -. -, .-.,-,..--,,,,,,r,-.4-•-..-f .' K. _ Foundation Floors LR. M. Bldg. ). tfil Basement V DR. ExtensionC"V 1 X / , -/ 1,i C;\ BR. 02,04, .2...2„-= 0 I 111 Place Extension Rooms 1st Floor \c ' Ext.FireWalls Type Roof IHneteartior Finish FIN. B. Rooms 2nd Floor , _ Extension ,.; s4 ''..) AA.A/1.11ri jot . N., poch ; ...'„, ,' V - I Porch DDarriRecreationvmeewrayRoom 1 Breezeway Garage Patio • , a Total B. q0C‘. i. . • To . . • . . • , TOWN ' OF. SOUTHOLD PROPERTY RECORD CARD OWNER - STREET VILLAGE DIST. SUB. LOT FORMER OWNER N E ACR. ' ,VI f C /J, ,.-fir S w TYPE44OF BUILDING RES. SEAS. Y VL. FARM COMM. CB. MISC. Mkt. Value : LAND IMP. TOTAL DATE REMARKS , 76 3 Gr-L1-1 AGE BUILDING CONDITION NEWS NORMAL BELOW ABOVE FARII Acre Value Per Value t` Acre Tillable 1 ' Tillable 2 Tillable 3 Woodland Swampland . FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plot DEPTH BULKHEAD t ' Total . p DOCK 72-) r„ `' ..1x1 aQ"'edt.` alt "1 ,).1'.---.1 _i: - .d .* .iy...r ��� /' _� i '.!;,;fi;:i. ,,;',;' ,r:,..,' wail,: 1. ,. ..r . .:` y k ' 1111111 111111111111111111 � � ., COLOR d J Nom" �..tr!" i` c 1 "3;ae„a vI �q, • ;1 „' tutitt r . ,at ii 111! >w PIA ° ';�v, t }tee e” r 1 1i � i h 'tt� kms" d qr+;1 I11IICA+N f�{�OI,1i � �i,�l tin j��'ji �N .Far oft •c �k PVT,T #:!ilei i,1. 1 �y1' i, 1 E : - ,,;� ^ '=a q .:Y TRIM ■■ ■■■z II•I■......■■■■■■■■ ""-w'...�y-k 4 �.;r�... -�;• %', 'c.,,,,,,,-?,.i,...---,4:,1,;-.-.• .;�v ,,,5,.•, `-..i., :,S§,r 4-ac q�,,,� , " f f Yl'-,-' aw , 1T'X"K 'Y}-2,..5] ■■■■■■■i smIIIIIIIIIIIIIE ■■ UU■■■■■■■■■■■■■ • � > ■■■■■■■: ■■■■■■■■■■■■■■■■■■■ --- 7 ■■■■■■■ ■■r■■■■■■■■■■■■■■■■ 7 Bath Dinette M. Bldg. d = �3 �� C� :C)° `� Foundations.., r , • `rn ,'� Floors ^ r K. Extension /q9e,.„/.,.---,69,2(/24,--- �? rs u l� 4"1.. "' � v Basement ,- , 6 C Extension -P " - ei, 0: Ext. Walls i ��;-, 7:4-- 6,,,-1... .-) Interior Finish -�G���ti�kl',�� LR. Extension Fire Place i Heat . DR. Type Roof ` F L; Rooms lst Floor BR. FIN. B. t Porch , II. Recreation Room Rooms 2nd Floor • • Porch ,, c MEM_Dormer IIIIII Breezew-0Driveway GarageIrliqiel 1 Patio Effitiliff , O B. /:70Total • FM. ",_ - ---<",/ / . ,7 a ice^ = }_19111 + • 1 sq. _L.. �, , f _ _ COLOR � Ii • _..__. __.. 'OA i , � , , 111 I, .'/ 1; / `� % _ Q _ F• ' fr lF nr` I .cam { , i ,------,<,,r,--::::„.--:_,-- ,Ps..ar_, /// i �� � ...� , -,�.�;i, f��1�; ---°�— TRIM S' 3 x_ ,t,pi'-‘2' li#i '- ,1.. ..,,,fa Mill 7.-4,^ _ InkliPPI n. • , 4' _,..„..,....,,,....„;%_._ t3e ■■ I e . M. Bldg �- a n y Foundation Bath Z.,/ Dinette Extensio � s 1 i? 3 Et../ in 7 2k-Basement ��r Floors K. _ ' Extensi� // ¢g! sir a e 3 a y ,��'.Ext. Walls Gt. Interior Finish �vtav✓�,' L R. Extension Fire Place �; ,� Heat /1.,e,7 DR. Type Roof �� Li Rooms 1st Floor BR. Porch Recreation Room Rooms 2nd Floor FIN. B. Porch Dormer - Breezeway Driveway Garage Patio O B. Total / 1 4I1��J i f�' :. TOWN - OF. SOUTHOLD PROPERTY RECORD CARD , `",,,-,, OWNER STREET VILLAGE DIST. SUB. LOT 74 2/41,71/1f,l' .m , " .�a'.-5. d ICY .. :( .1-q/f E. j .44-if A, �`/r f�f .', 7...,.sy'- t;„;;,, FORMER OWNER N ' ACR l --':',i'.:-.,• 1.,„, _ S W TYPE OF BUILDING ft,/-- ?a' � "'„ , RES. SEAS. VL. FARM COMM. CB. MISC. Mkt. Value " `r''''4' LAND IMP. TOTAL DATE REMARKS /£ , ! : .fib - ::Y 1 •RY1..3..- , fes.^ I w `y;' AGE ' BUILDING CONDITION ' =a`= ' 1 NEW NORMAL BELOW ABOVE _i ”, FARM Acre Value Per Value Acre Tillable 1 n44- , , Tillable 2 . . ,' Tillable 3 °t`ti5 i Woodland 1 Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD ,-,;.. ,House Plot DEPTH :-.,,,,,:. ,,,J,- :` — K •••—..••• . BULKHEAD ti' -':','.'-'-':3, Totals DOCK , j' ( Lam' ` i / °�s l ,d+n°' s=�'..�«, /i_'-L—� • 40/,'VA —t i '. 1 f t.t, t t:_� f,, 3 �;J t-z ort` i i s r,,,w.i�'.4 �r 4 , r t., . . (...Croft „ �. 5,,,..` Y/ { \ ,.` I . fo,. /{ ''j r"^:'Wi:. >A , )}*4 ! ,' -'. ��,' ,,w ",� r-•0,.= f \ f :,.� j` ` E V. ; fru, ' v"}=lay%` ; COLOR / � +, `tip+.t.\,/ .� Oh.‘i , �1,,, *, I' L!V .,% �iie •r i'fr^[._ i Y... i -Ir.,••• 1 ,.�t'Y +'•' N��+ Aad• } }r ... '+l ,. V F.? •-, � rt � � I `� '• /r ', ,; 1114k. l,; ;711t - TRIM ex y+ ro 7 } ',' 10‘11514-‘41,1,4 -'1,:es • AV t, i a4£- {r • / ‘;)(,..,_, 1 0 , \< � t;a i g / 0.,-7 — — 1 41„. , ------- • , ' r,-,. . . . . , , ., . . . . , , . . i . , .. . . • .,\ • ••• .. • • • , .. . ,,.. . , 1 , . , , , _ M. Bldg., :- , i Foundation i Bath ? Dinette • I Extension Basement ;,= Floors K. 1 Extension Ext. Walls v_j1, -G Interior Finish ) LR. Ott Extension Fire Place F t ,) Heat �.D DR. i Type Roof "' si ! ', Rooms 1st Floor BR. Porch Recreation Room Rooms 2nd Floor FIN. B. r: • Porch Dormer Breezeway Driveway I , Garage ! Patio Total ``/ 0)'"'+ 11i , t • MATT A-MAR,INC. STAMAS YACHTS -_---- - MATTITUCK, NY 11952 ` " - 631298-4739 ,\,...3..\.%.. .`- .4 _ ��K - • --.: •4 r\ i „ 1 • V. LAUD OF 641�R •••••._.(- � - ��;.. . f� .i/ ��! ...I r¢ /�_ \,`� fro aceTRA: ...' / 1 1:' �'' % .� 1 ter; ......• / C o` • \ � ` is �� v 4 /,, r' // 1 r; / ---,.1 K®•oe.o•L \-asor I I y • SEPTIC TAW -4 �• / //' 0.,,e, •�•��-�1 1 1,• 1 -t.: t TTO SCALE Pea/ 4 era /� o , /' * "ti. � '•IL• + 1c.ue a % r""faer/�"'�ew�0 / i {• _` pp'✓ •aus ` - ii____ viam—_L--, ‘ • A. (% / ,+ p.. „�, .1 ,�.ry- --�� i t3 /,�1 , AWL/aarW>r®rcn��aOM •igs..rr�r V U ��..�•s / �,.. Cr'''' O� w w .. -P.ta f?KING _-_ tr . Wrowr to Mimi cr SITE .toad..,,r.sat?MEW W.. • - i /•/ } TO E fF0ON®1O1 SOT •TL.1O 0.10 4 • /.� Si/r/: _ , 1 % _ice. . MOW t. I: • N. -----_....--------4,; .;. ; % - T��axn+�` _ ..�.. .-. -- I Ire '!�-0-, •s.' • A� �."~- 1 (..��" 1 ear `O C+' ��: i Z • •'L -,Iw. v i�:� -\ P- -L��.. SI".- • ��.••- •7�•o's/�rs1 •_ ♦-Iltbli �i I V ~Yam.a.. /.7.s NI • �1 ,�• -..' "' �•" '`\:. p1.v• w... �r _ 47.7.'It EACT/NEN 45,04 LB?LSocvN�• ~�., • c 1 1t... '�'' .':. �r.�.�� .s"...\\I i -/= f'-• - �_ ~ !`r--�1...V....... Vs .4 _ -files Ii c,reo "---nr.�..wta.rr1.1.�r 4. } r =-' , . Y.+i / afa*s0•ai[ �LUat far w+s.r... . •t1 . t rT• M`®...�. A.,.,....rr'- i"p�•t '• '• �• �.a!'r.e wr.sra iw.efc ....srrr wr.r.a,..af... b...+.s )" - 1.''.. =r. w-«samara. "- " Mo., fir it w r ea/MM.) I i,; ..i.� r, / 1" . .. / • ` ` - ,.....=. r.dr.gra r.s..rr..er+a.+•., �� �� - ,.✓ c .s,.. - 1 . I r+�--r+." mr.uer�.x+PO.tm.WM I 1 ../C.........-.,...:\\••••:. .✓ 1 t�„c �%frrs^J'a-.'- ti�ya�sdrn�ws:PI-MID F Groo �LlS AT06,K { - $ .. b. /-.._. r A1164.11.75ACRES: I ass '\� QMH �sOEM 4.AMPON- Aim `..�►� - aiOifGtfMrJr6jlaL�{taEID A- TOWN OF SOUTHOLD a 1n S 'ft , BUILDINJRM IT ♦"''LICATION CHECKLIST BUILDING DEPARTMENT _ Dc--,21_1 have or , the following,before applying? TOWN HALL z Board of Health SOUTHOLD,NY 11971 3 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 Survey PERMIT NO. ' ' Check Septic Form ' N.Y.S.D.E.C. Examined 20 [1Trustees E C i WI Contact: Approved 20 � r Mail to: Disapproved a/c c_ /T '1 i /01 Phone: Expiration ,20 ;f:;, LDG.DEPT. !_� .OFS U =1� qk CGi 5 vl : i1,' g i'.pec . r ill ` !` j ` • 2002 APPLICATION FOR BUILDING PERMIT x . _iFSI_7:� S - s Date yft c , 20 OZTC �t�•,',' �. ' �Jl D — INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans,'accurate plot plan to scale.Fee according to schedule. . b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings,additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances,building code,housing code,and regulations,and to admit authorized inspectors on premises and in building for necessary inspections. - 1V)417-k-rn Ane m Fav ,q- (Signature of applicant or name,if a corporation) el). IN X /2. r mirrri rue iv.y. o1 L (Mailidg address of applicant') tate whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder \ Owc 2.– ' \ame of owner of premises 4. i'6-74- I � / m A7T, A--/Y14-2 )11 ii-fea ry s4 (As on the tax roll or latest deed) ulicarcorporation, signa , - of.my aiTorized o'•• er - Vamean (title of corporate o A ders License No. £ bers License No. 1 'cians License No. Trade's License No. .Z cation of land on which proposed work will be done: • ZSR" l fit► Ave 4-Tri-a I<1 Al.tt, use Number Street v -/ _._.<a ,,., ,:,,,,,,,,,,,.3. 0,.7;t,.:•...hamlet County Tax Map No. 1000 Section I I '4 Block 3 Lot Subdivision Filed Map No. Lot (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy Al A-44 it) b. Intended use and occupancy '7O41-- 5Tof-4'& — h f +iD2' Nature of work(check which applicable):New Building Addition Alteration Repair Removal Demolition Other Work 130A--T Riptue. (Description) Estimated Cost 4) 01 0-\70. 0 Fee (To be paid on filing this application) . If dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cars If business, commercial or mixed occupancy, specify nature and extent of each type of use. I. Dimensions of existing structures, if any: Front Rear .Dejifh Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front f 5 O 1 Rear Depth S Height 25 r Number of Stories 9. Size of lot: Front '1 4C-fzES Rear Depth 10. Date of Purchase 1'19 Name of Former Owner faAN1G N ovU Al 11. Zone or use district in which premises are situated m 12. Does proposed construction violate any zoning law, ordinance or regulation?YES NO 13. Will lot be re-graded? YES NO V Will excess fill be removed from premises? YES NO 14. Names of Owner of premises A3arI Address Phone No. 2 5 L 4z5q Name of Architect 16013627 w HE-14-0 Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? *YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below,must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF5611') meq- 46-47/r I being duly sworn,deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)He is the (Contractor,Agent,Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this \ day of Clr�t _ 20 &a. I SALLY BLADOS L� GL(20-11cY)-- Notary Public,State of Now Yctfc . // NN4799955 N‘34 o. Public t' ,s - '� Signatr e'if i pp boc ` Dorn E Lms30,2D 6-3 ) Southold Town Board of Appeals -36- January 27, 1977 THE CHAIRMAN: Is this a- year-round house? GEORGE AIiLERS: Yes. I believe Mr. and Mrs. Gold paid $40, 000 for this lot, it's a bit much money, and they want to put the house up that they would like to have. GERARD GELBWAKS: Title did it too. MARION GELBWAKS: We wanted the beauty of the place, it's untouched and unspoiled and it has an open feeling. THE CHAIRMAN: Well, George, you're not going to build any- thing for three weeks anyway. Would you, in the interest of being a good neighbor, see if you can persuade them to increase the side yards. If you cannot, we would, based on precedent here, have to grant the reduced side yards. But you might suggest it, they might like it better, and put it to them as diplomatically as possible. On motion by Mr. Hulse, seconded by Mr. Gillispie, it was RESOLVED that the Southold Town Board of Appeals POSTPONE DECISION upon Joseph Gold application, Appeal No. 2239, until February 17 , 1977, at 7:45 P.M. Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis. PUBLIC HEARING: Appeal. No. 2242 - 10:2.5 .P.M. (E.•S:T. ) Upon application of Matt-A-Mar, Inc. , Wickham Avenue, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article VI, 'Section 100-60 A (9) for permission to store boats on the premises. Location of property: west side Wickham Ave- nue, Mattittack, New York, bounded on the north, south, and west by MattituCk Creek; east by Baker and Wickham Avenue. The Chairman opened the, hearing by reading the application for a vari•ance, • legal notice of hearing, affidavits attesting to, its pUblibation in the official newspapers, and notice to the applicant.' The Chairman also read statement ,from' the Town Clerk that notification by certified mail had been-made to: Vina Baker & Ano. Fee paid - $15.00. THE CHAIRMAN: The County tax map indicates that the marina Ls ,located•"on' approximately niner,,acres, a peninsula off of Wickham Avenue'. Is there anyone present who wishes to speak for this application? Are you Frank Nowak? Is there anything you want to add to the application? FRANK NOW.AK: No, I think it's pretty self-explanatory. - s ? Southold Town Board-of Appeals -37- January 27, 1977 THE CHAIRMAN: Did you used to store boats here? FRANK NOWAK: No, we never went into that. Originally, the zoning for the marina was such that we could store boats and when they changed it the last time, apparently it was changed so that we couldn't. THE CHAIRMAN: Storage and repair of boats which had been an . accessory use in a' marina would be in a marina district where you would have a marina, the district you have. It was modified to, I think it was meant to cover large buildings and so forth which was probably initiated as a result of the Strong Marina, the •people wanted to build a big building down there. In other words, it's a grey area in there as to what constitutes an ac- cessory use, when the accessory use becomes the main use, when is a marina not a marina. I don't think anybody could really de- fine a marina. I was in court in Riverhead once with the man who said he initiated the word "marina", a New Yorker. He was unclear about it because the concept of a marina is changing. But, a repair shipyard has to be in the light industrial area, but I think what you propose here is non-commercial. FRANK NOWAK: It's strictly private. THE CHAIRMAN: You need the fees for storage and also as a convenience for the owners, and you make some repairs. FR D HULSE, JR. : How large a boat .4aould -you:s•tore? • FRANK NOWAK: It's a big area. FRED HULSE, JR. : I know there's a lot of room there, but how big a boat do you take in? THE CHAIRMAN: What's the longest boat you store now? I mean dock. FRANK NOWAK: We dock boats up to 60 ' . FRED •HULSE, JR. : Could you handle storing a boat that size? FRANK NOWAK: No, that's too big. The average boat is around 30' or 40' . FRED HULSE, JR. : Do you have a travel lift or anything? FRANK NOWAK: No, not at the present time. FRED HULSE, JR. : You'd have to get one then. THE CHAIRMAN: You could put it over here on this side, on the north side. Southold Town Board of Appeals -38- January 27, 1977 FRANK NOWAK: On the south side. That would be the more logical side. THE CHAIRMAN; This is all wooded area here and back here, your whole lot is wooded. FRANK NOWAK: Well, it's sparsely wooded, very light. THE CHAIRMAN; Is there anyone present who wishes to speak against this application? (.There was no response. ) THE CHAIRMAN: If not, I 'll offer a resolution granting this application as applied for and agreeing with the reasoning of the applicant. 'Permission is,- granted. to store boats. You plan to store boats that dock in your marina, right? FRANK NOWAK: That's correct. THE CHAIRMAN: Not in excess of the number of boats that dock in the marina. You have, what, 70 slips? FRANK, NOWAK: I have requests for boats from.various places, people that. would live in different places that would like to store on the island. Of course, this would add ,to our employment. THE CHAIRMAN: How many boats do you think you can count on, would you want. FRANK NOWAK: That's a very difficult question. THE CHAIRMAN; It looks to me like you have plenty of room there-. FRANK NOWAK: I have to put that to some use, it's sitting idle. THE CHAIRMAN: You have a pool there. FRANK NOWAK: That' s for the boaters and we use that strictly for the boaters. FRED HULSE, JR. : What did you say, you have 70 slips now? FRANK NOWAK: No, about 80 slips. . THE CHAIRMAN: And you haven't built up the whole area yet, I "think you have permission to go all the way around. FRANK NOWAK: I have a, permit from the. Town of Southold to go all the way around. I 'd have to get the Army Corps of 1 � 1 Southold Town Board of Appeals -39- January 27 , 1977 Engineers ' permit and the New York State Environmental permit. THE CHAIRMAN: Well, let's put a limit of 100 boats on it. If you need more than that, you can come back to us. We'll see how it goes, we can review it after a couple of years. FRANK NOWAK; It's such a large piece to put a limit on, it would be kind of a hardship if we got into the business. To limit it, once you set it up as a business, would not be an ideal situation, if you go out,— purchase a travel lift, and put it in. THE CHAIRMAN: It's hard to put restrictions on something like this. FRED HULSE, JR. : Maybe we should set it back so many feet from the road, so we can avoid a situation 'like the one down here with the Oaoat's right out on the road. FRANK NOWAK: There 's a breaker zone of woods in front Of it. THE CHAIRMAN: 100' off Wickham Avenue wouldn't bother you at all, would it? FRANK NOWAK: No, not at all. It's a large enough piece. THE CHAIRMAN: If you were driving along here, I don't think you'd be able to see boats stored over here. MRS. NOWAK: We wouldn't want to put them out on the road there, there are houses across the street. We live across the street. FRANK NOWAK: There's a buffer zone of woods 'right across there. It' s bulkheaded from this corner (on map) right around to about here. THE CHAIRMAN: It's got about 87 slips around to here, right? It looks like you would put in another 40 or 50.' FRANK 'N9WAK: I "get a lot of people asking for storage. This is why We originally did it. THE CHAIRMAN: Anyone else wish to speak for this application? (There was ,no response. ) Anyone against? (There was no response.) a Z f a - Southold Town Board of Appeals -40- January 27, 1977 After investigation and inspection the Board finds that the applicant requests permission to store boats on the premises, west side Wickham Avenue, Mattituck, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the- hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe ,the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED, Matt-A-Mar, Inc. , Wickham Avenue, Mattituck, New York be GRANTED permission to store boats on the, premises, west side Wickham -Avenue, Mattituck, New York, as applied for, subject to the following condition: There shall be no storage or marina uses within 100 ' of Wickham Avenue to the east. Vote of the Board: Ayes; - Messrs: Gillispie, Hulse, Grigonis. PUBZ;XC ?HEARING: Appeal No. 2244 - 10:40 P.M. (E,S.T.) upon app4C0.14ion of Helmut Hass, North Road, Peconic, New York for a variance i.ri accordance with the Zoning Ordinance, Article III, Sect4:o41.00_30 and Bulk Schedule for permission to set off lot with neufficient area. Location of 'property: south, side CR27, Pec§pi p, New York, bounded on the north by CR27; east by Cornell co'iisruction; south by Suffolk County; west by other- land of applicant. The ;�haAiriran;�gpened the hearing by reading •the .appi° c, t -•o for a � a- ai,• n va '� :noe', 1; g!al notice of hearing,•,:af'fi,davits attesting I to its' pubs inion in the -official. newspapers, and- notice` to ,the he -Cht;rman •also_ 'read' state Tient from the, Town Clerk that notiEica)t'ion"by ,certified, mail had been made to: Joseph I C. Cornell':COnstruetion Corp. ; Suffolk County; Richard .Fosters •and Margaret Foster'. .' Fee paid - $15 .00. TLE CHAIRMAN: The application is accompanied by a survey indicating that there is a one-story, framed shop on this parcel -which' the applicant proposes ,to sell, It'.s ,a long 'parcel, 501:' on the west and• 1001: on CR27 on which theres 'a one-story shop.,. wq54e-story; ,framed 'house and a two-story framed house. The M. z SQUTHO D `TOWN BOARD OF APPEALS -19- June 1, 1978 surface of t1 e •court. MRS. CHIZZINI: I believe that has been investigated. What, was the 30 feet from? MR. BERGEN: From the side lines, 30 feet. After investigation and inspection, the Board finds that the applicant requests permission to erect a fence in excess of five feet in the front yard area. The findings of the Board are that they are in agreement with the reasoning of the applicant. The Board finds that strict application of the Ordinance would prod-tice • .practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties aloke inthe immediate vicinity of this property and in the same use district; and the variance Will not change the character of the neighborhood, and will observe the spirit of the ordinance. On 'motion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED that Bayview Resort, Inc. , Bayview Road, Southold, New York, be GRANTED permission to construct a fenqe over five (5) feet in the front yard area upon the condition that the tennis court be, located 100 feet from Main Bayview Road and that the paved portion of the tennis court shall be no closer than 10 feet to ==any side yard, except that the fence may be five (5) feet from any common boundary line. Location of property: Bayview Road, Southold, New York, bounded on the north by Bayview Road; east by Victoria; south by Corey Creek; and west by Young and Koke. Vote of the Board: Ayes: Messrs : Gillispie, Bergen, Grigonis, and Doyen. * * * PUBLIC; HEARING: Appeal No. 2413 - Upon application of Matt-A--Mar Marina, Inc. , C/O Gary F. Olsen, Esq. , Main Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 aid Bulk and Parking-schedule for permission to sell retail boats. Location of property: Wickham Avenue, Mattituck, New York, bounded on the north by • Baker; east by Wickham Avenue; south by Mattituck Creek; and west by Mattituck Creek. The Chairman opd the hearing by reading the ,application for a variance,, legal notice of hearing,„ affidavits attesting to its publication in the offiglal• newspapers, and disapproval from the Building Inspector. The Chairman also reach a statement from the Town Clerk that notification by certified mail had been made to: Walter Williams and Vina Baker. Fee paid $15 .00 THE CHAIRMAN: The application is accompanied by a sketch of the entrance to the marinaand also the- County Tax Map indicates that this parcel Contains about 9 acre's, some of which is wooded to the east toward Wickham Avenue. Tha marina is location on a natural peninsula or promotory in Mattituck Creek on the easterly side of the creek. Several buildings exist on the u i ••SOtUTHOLD TOWN BOARD OF APPEALS -20- June 1, 1978 • -Is there anyogneN whor-wish=es `' spe= k• `-tor_ li s_ applicat'i ri"? ` - - - GARY- P. OLSEN, ESQ: I aft the' attorney for the -applicant, Matt-A- Mar Marina, Inc. , prank 1'oyac. As• I pointed out in the 'application, this is a self-contained piece of .property containing approximately nine acres and presently used as a marina. In order to provide full marina services this is a very necessary and incidental accessory use, the retail sale •of boats. It would not change the charadter of- the neighborhood, the commnn±ty. The marine business,- the retail, sale of bOat.s is a good one •£or the community. I think it is one that the Board should look favorably upon. THIS •CH ,IRMAN: I' have a couple' of questions as you go along. How many boats would you presumably havefor retail sale at one time? MR. OLSEN: The applicant is here, maybe he, could tell you, I do not know. X dori-'•-t-.lthihk-;he really knows at this point., Not even the size. •Probably -the larger boats. • MR. NOYAC: I would be interested in the larger boats. TEE CHAIRMAN: I was just wondering how many boats you would want t .'havep. MR. NOYAC: To sell at once? THE CHAIRMAN: We went to a marina one time where you couldn't walk around because there were so many boats. I asked 'the fellow if he owned them and he. did. They all ran about 4-35 to $40,000 apiece. He had so many there,. you would not walk around, safely. - I assume you are not going to have 'that many. Y would like to know how many and what size so we know what we are talking about. 50. Mg. NOYAC: I am sure .=.I would Never have so many that you could not walk around. T ;Tgg CHAIRMAN: The fellow I am' speaking of had very 'little space. You are fortuhate in that you have alot of space. It is a beautiful locatirin. One of' the things we would be interested in if you do have permission for this is, that you concentrate the usage to one area of the marina so that they are not strewn all over the place. We went to a marina-the other day where at least 2/3 .of a mile there was nothing:but boats. Laying down on their Sides and every which way. - M . NO '. C: I 'think if you .had type df operation that T run gone into my marina you would •see the THII•C I M ; . We have, and we like it. We would hate to see a bunch of boats just strewn around. MA,- NOYAC: I do not think I w uld be 'interested in-that•that type of- op'eration, , THE CHAIRMAN: you still have no idea-;how many boats you would have? bey would be on consignment? i 4 iC SOdTHOLD TOWN BOARD OF APPEALS -21- June 1, 1978 MR. NOYAC: That could happen or we would also sell new-boats. Thishas hot been.wor ed out yet._ THE CHAIRMAN; A new boat would be on .consignment too. MR NOYAC: On consignment is somebody-,s used boat that you' sell _for them. THE CHAIRMAN; Not nedessarily. I ,suppose 'that the-motor boat people sell on Consigns ent.- Wouldn't they put some boats-down on your place? MR. MAC: Most boats• are brought outright today. MR. BERG) T:, Bank drafts. THE CHAIRMAN; In other words you would not warehouse them? Retail stele. 'of Moats would include used boats. Is that right? Maybe there Would be more of those than new`-boats. - .- NOYAC: The used boats would most probably- be in the water. You are:;more apt to sell .a boat in the water, than you do on land. THE -CHAIRMAN; Then you-would prefer to have them in the water? MR. NOYAC: Well, if they were the used type. THE CHAIRMAN; Would you have many new ones there through the winter? MR. NOYAC; , 1 hope not. THE CHAIRMAN: Do you live there the whole year? MR. NOYAC: T live across the street. THE• CHAIRMAN; Across the street. Do you keep track of what goes on across the street? Vandalism, and so forth, does it exist? MR. NOYAC: We have had one breakwnjn. THE CHAIRMAN: You-have stored boats there? Or 'do you want 10 store them g 6f tonight? MR. NOYAC; I alread boats. • X have permission from your Board for storage of THE CH,AytMAN'; But you have not done it. MR. 11 '4C; T have not .done it 'yet. But I found I,did not have permission for the aelltpg of them. . THE CHAIRMAN: . For the `storage you did have permission. 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BERGEN; What do you want permission for? THE CHAIRMAN: Bob, there are' tea application , one- is to store' boats in a storage building. The, other is to sell retail -boat,SR•'- TSS building would be in the' front yard•. - The building,- of cd urse, . . . , MR. OLSEN: If I may, ,the Board -back in January 11, l77, just to refresh- the Board'-s memory; granted to the ApyliCant a variance tp store heats, So •that variance has already'.been granted. . The -second application on 'for tonight. I did- it in two, so we would not get them- confused, rather to ;,ontbin`.g bath ,applications into one petition.- The -second application #,, strxctly for a front yard variance. The reason' being the office for- the Marina is looated close to the water, so any building' eaat of that is- considered in the, front yard. That is the reason I understand the variance is necessary. It is an accessory building. We do have permission now to store boats. vHE CHAIRMAN; You can store boats, but you do not have permission to build la building. . gLSEN; I- assume we can build any- building we want.. We are just i0o ;ng for a front yard variance. TAR CHAIR 3,N; No, you couldn't. Because this would be a light indus- tri ,l•• se. The'building of a building for storage is an industrial use. This j0 permitted in a light industrial zone. One of the reasons the Town has•.,50acarefully-distinguished . . . . of course, we are allowed to tie up all the ,l se ends in -here. . . is to have varying types of-marinas with a mini4140 impact upon the surrounding community, and one of the impacts that is spec, itfically disliked is a huge storage building. This was denied over at the :Strong marina on the south side and appealed to the Appeallate Division -as• you know. They supported us. I am sort of mixing- the two. application' here. What brought me into here is. your statement that you were just asking for a front yard variance. -I think if you were going to build a- building there, accessory building for the. storage of boats•, it is in the wrong zone. Getting back to the retail , sale of boats. I do not know haw much we know. You can store boats now. Which was given to you in' January, 1977. - You don't do it?- If- you did do it, would you consider fencing: it in? MR. NOYAC; It is a very good consideration. Because of vandalism. XT,40 ,ncbt-know .how you would stop them from coming in. That is very easy to- get- in thereby water because the way the creek ends. - You can just walk ,down and you are on my property. 4, OHAIRMAN:: I do not think there would be much of an impact from the ;sa;:e cif -boats• in. the numbers that you are thinking about? Is- there anyone':elsettho wishes_ to speak for this• application? (there was no response)' Is there anyone who wishes to speak against this application? Before 'I-ask for',any comments against this application, x want to read a letter from someone who is against this. To the-foard of Appeals of the Town of Southold': I am opposed to the issue of a variance for the construction of a storage building for the storage of boats, and to the issue of a variance to sell retail boats at -the Matt,,Av,MAR Marina. I fail to see in anyway that the variances —_....-........._'r-__-_•w >v-rnr:-.._".ryS....�.._Y._rn�rraa_jai-v- ._....... '—'� ."j+......r _�'._ -y---m t r ...._-«....n_ __vt-ry -e-,w - r - -. v- •� ...�t' r .._._..--. ._ "_ ..._ _-t--___n. -an r.v v.r-vim SOTJTI-IOLb TOWN BOARD OF APPEALS -24- June 1, 1978 I fail to see in any way that the variances listed above will add to the well being of the village- of-Mattituck and sits residental inhabi- tants, and I believe- that if these variances -are allowed, there will be a decline in the surrounding'property,.values, and' more pollution Will- he added to a already. polluted Mattituck Creek. Signed Walter Williams: MRS. DELAHANTE: I represent this group here. Matt-A-Mar. has already been granted a variance a few years ago to run a marina in a strictly Pe ?'`.dental area because of a preceding rooming house which in no way had anything to do with permitting him to, get this variance to run a boat yard. THE CHAIRMAN: Would you repeat that please? A rooming house? TV45, DFLAHANTE; Yes that is .originally what was on that .property when I moved to Mattituck 18 years ago. A great big rooming house. THE C I AN; That was a Town Board proceeding the0? MRS'.. DELAHA TE; I don't know, All I know is that man was granted a variance to operate this marina. MR. NOYAC:_ No, there was no Town Board hearing. It was- zoned that way when I bought it. SHE CHAIRMAN: When did you buy the property? NbXA,C; In 1265, after the zoning had been in effect. THE CHAIRMAN: Howlong has the marina existed? MR,- NOYAC:• The marina has been in existence since 1965, when I bought' it. - THE CHAIRMAN:, So you created the ,marina. Before that, it was a, no marina. MR,;.- NOYAC; I bought it- after the particular zoning was on it. THE CHArRNAN; Which was what? What was the correct zoning you are referring to? f MRS. NOYA,C: Non-conforming. THE ,CHAT t4AN: It was a non-conforming :: s.e?• of property, and- was this considered as a lesser non-conforming use to have a marina instead a•f a' multi amtly- boarding house?. Do you know, Gary? TRt QL$EN: No, I don't. I know now that it. is zoned., B-i. There are alot of uses-he can do in B-1, as you know. One of the permitted uses is a marina, MRS. DELA:HANTE: I am surprised that it was granted ever, but I cannot go into that because I know nothing about it. It should not have been_ at SOUTHOLD TOWN BOARD OF APPEALS -25- June 1, 1978 that time. THE CHAIRMAN: I think you, have the wrong word. We have no record of it here. MRS. DELAHANTE: Isn't that strictly residential. Isn't that whole area residential? MB CHAIRMAN: I don't know. You would have to look at the zoning map. I don't have a zoning.map in front of me, r know. that his part is zoned. B-1. t03:, PEIA,H4NTH: This- marina is banning. all the beach property for ..gt,9. 'people.:-oR the TOWn Of Southold with an over abundance of dobting to' the water's edge. I have' a drawing here to ydi at ng One,: Posts are being stuck out to the. edge of b'44ght-654-A0fIlaiheAng'AProught in, and filled in out to the posts. In 44ereHaS 'a great big .bulkhead. Beyond that are more posts .for mioxinq'; ; is like a mushroom. It is closing up the two adjacent oeek016/1 each side-with wood boats, moorings and pollution. These moils.,a0 polluting the entire creek. It is not fair for the property 0,Wners.'whol;are tax payers,, and who are taxed heavily fdr the privilege PiShing, clamming in unpolluted waters. If you grant this varianeiguarantee..= there will be a request for another. In this Tal'ScineSa, , Ohe' follows the other. There is enormous profit to be gained Pitthe.lt4xpayer's expense, by buying residential property aind halving it de\relope4 !into business- property. In the meantime. devaluating' the 'adjoining prOper4eSt.. . There is plenty of business property lying fallow 1.4 other arOs 'elox this- business to buy'up. We petition the Zoning Board, to uphold our. rigihts;,' This is a residential area, and we want to keep it this way. This-valripOce would take what is a lovely wooded area' and- turn it into an ey6soreira# 1?e11. as adding considerable more to the serious pollUtion in th.t creOik;diie. to too many boats' in a confined area. I live On the.creek and so AOrtlilese. people. The garbage that comes up isnft all from that 4ftrina„; ;1: vi- that, 'but- there are too many boats in that area- It does qbaAgeit#eaeSt4etic value of_ the creek. Maybe not- the :road front area, but the! ciOek itseif,_ which we all love- . It also sets a precedent. There isa heavy,aensity on the water table. All these people come, in, take showersi,• uSe. water, Is a1 confined in that little point. This- is off the recordl' :This pr'overtit .is for sale. By doing what this man proposes to.do, it Wi4i greatly iAcrease the value of it, if he intends to sell it. This is onlya,kumor. But I am going to say it ,aUyway.: THB .0144WW: It is all right. to say it, but ,i, do not think it effectS-thehearng. *hat a man does with. B-1! Business zoned property that-II:e*:IS' permitted to do.' MRS. But if he gets this variance. It will make, it more valuable When he Sells it. THE do not see that enters into our .reasonihg, but I Will be glad tO. asit: him- Will you explain: . Are you Planning to' selI this property, Mr. Novac? . , SO6THO1D TOWN BOARD OF APPEALS -26- June 1, 1978 MR. NOYAC: I don't think I have to answer that. TNF CHAIRMAN: I don-'-t think you do either. ' I presume all of us could sell car houses if• somebody offered us enough money. MRS. DELA.NANTE: -I wouldn't. THE. CHAIRMAN: I don't know whose. going to try you. I don't know your house-. MRS. DELAHANTE: I have a very lovely house. THE• CHAIRMAN: If someone .offered you two or three times what you. . . MRS. DELAHANTE; That would not make any difference.- , HARVEY;: I live right ,across` the street from Matt-A-Mar. T .g`'hav'e'a dirtdriyewsy, . Are they planning to leave that a dirt drive- way^• there? MR, NOYAC;_ I have no reason to change that. MRS, HARVEY. We get all the dust. . Mr. Noyac says he lives right across. Tie does. not live right across the driveway. Four of us do. W 'get al] the 'dust, all the beer cans, whiskey bottles and;what- have you. If- we weren'`t conscientious we would 1etive "them" there, but we don't. • we -a,re proud ‹-of our neighborhood, • and we want to keep it that way.. THE CHAIRMAN: I think this sounds like Fishers Island, Serge: Somebody is• always complaining' about the_ beer cans. I would think that a public marina would cause you to have more of that type of thing. But You:get them all along the' road.- I get them too. R 4 yEY:' ffe- are going to get it twice as Much if -you let MR. 1-14VEX': They say it is private now : -HARVEY: Is this going to be run on a 12 month basis? THE.:'CHN4 A That question has not been asked. If you store boats, there, yo z 'p 'obably;- want to run it on a 12 month, •basis. Are you running '`t -an a 34 Month . aria now? Npt noN. THE CHAIRMAN: In other words if someone came in during January, 'eb-ruaxy, Mardi. MR.,.. :NOW: They cOuldn fit get in. THE. CHAIRMAN: So it is seasonal. ' - w F a : SOUTH= TOWN BOARD OF APPEALS -27- June 1, 1978 MRS . HARVEY: We 've had boats come in when they have had no other place to go, and we have taken them down street. TRE -CHAIRMAN: ' I do not think there is any restriction on any marina • of hand, that I can think of, on a seasonal basis. To my knowledge there has never been one here. Is there anyone else. MR. HARVEY: Is there any regulation if he opens this to the public that the road has to be hard surfaced? If he is going to change the zoning. THE CHAIRMAN: He is not changing the zoning. MRS. HARVEY: The terminology is wrong. This is a variance. TUE CHAIRMAN: A change of zone is a change of MR. HARVEY: If he operates it on a 12 month basis, he has got to do something. When we get a west wind, rain or anything, you can't even open the windows on that side of the house. Heavy car traffic. When you put' It on a basis where he can store boats and sell boats there it will depreciate value there. THE CHAIRMAN: I do not think there is any intention of running it twelve months. MRS. DELAHANTE: If he does run it twelve months, there will be a, larger problem with garbage and people, and with dust. THE CHAIRMAN: You are in the wrong area of the Town, if you have any complaints concerning the Creek you should speak to the Town Trustees. Is there anyone else who wishes to speak on this application? (there was no response) TUE CHAIRMAN: I will -offer, a resolution granting Matt-A-Mar pe*isSion to sell retail boats upon the condition that he not have more than, ietrs say, 10 boats in his yard at one time. MR. NOYA.C; What do I do about package deals? This land was originally zoned that I could do all these things relative to a marina. THE CHAIRMAN: Originally, the- zones of the_ Town were A, B, and C. 'MR. NOYAC: Originally, i was given permission. TEM •.CHAPA,MAN: , That may be. MR. ©LSEN: I think it is discrimatory to limit Mr. Noyac to the have just 10 'boats on his premises at one time. How about 15 or 20 boats. THE CHAIRMAN; Hb,w•many boats.would Mr. Noyac ke to have? I do not want to get bung by the Supreme Court. sdtaHOLD TOWN BOARD OF APPEALS -28- June 1, 1978 MR. BERGEN: Fr4nk, you could probably make yourself quite a few friends in the _a -aa; if you would put a layer of oil on your dirt road. MR. NOYAC: I did not realize it was such a;problem. After investigation and inspection, the Board finds that the applicant requests permission for the retail sale of boats on his premises. The Board finds that the public convenience and welfare and justice will be served and 'the legally established or permitted use of the neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by Mr. Gillispie, seconded by Mr.Bergen, it was resolved that MattA ,Ma,r Marina, Inc. , c/o Gary Olsen, Esq. Main Road, Mattituck, New York, be GRANTED permission to sell used or new boats upon the condition that there not be stored for resale any new boats in excess of 50 feet, and no more than l5 boats one time. The used boats will be in the water. i11ew 't/ Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis, and Doyen. * * •k' ?BLIC HEARING: Appeal No. 2420.. - upon-Application of Matt-A-- Mar Marina, Inc. , c/o Gary F. Olsen, Esq. , Main Road, Mattituck, New York,, -nor a variance in accordance with the Zoning Ordinance, Article VII Section 100,-70 and Bulk and Parking Schedule for permission to construct a boat,•istorage building. Location of property: Wicham Avenue, Mattituck, New York, bounded on the north by Baker; east by Wickham Avenue; south by Mattituck Creek; and west by Mattituck Creek. the Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the Cff ;cial newspapers, and• disapproval from ,the Building ,Ihspedtor. The ChaI man also read a statement from the Town Clark that notification by certified mail had been made to: Walter Williams and Vina Baker. Fee paid: , 15•.00. - i Tom'. .IRMAw; The application is accompanied by a sketch of the premises, }ic.en,tioai to the applida-tion just heard. ' This application. iO is ;to: 'donStract a storage 'building in the front yard area. You thought you could construct a building? M NOYAC; That was my impression from speaking with the BuildingInspector. ' THE. ca A,N; Unde.r C-Light Industrial, Item 16: Boat buildings, ' boat serving, boat storage facilities. That is what we are 'talking about. • ._ -r ,. x_.o Y n„.xr.r 1. a r - xvcv.[x•v rt-� ix._- .,y n� r nNa v.-.. _ Y� _�.—_�..n r: —.. ,r Y• SOUTHOLD TOWN BOARD OF APPEALS -29- June 1, 1978 Your operation is not in the C Light District. This was denied to the Strong Marina on the other side of Mattituck. It was appealed to the Appeallate Division, they upheld us, so we have clear authority. MR. NOYAC: I was not under that impression. The original zoning on the property allowed all of this. • TBE CHAIRMAN: It doesnkt matter what you thought, or I thought. MR. NOYAC; This is why we applied for the front yard variance. THE CHAIRMAN: Its irrelevant. Because you would not be permitted to store boats in a building. You may withdraw it if you wish. MR. OLSEN: There has been some misunderstanding when we were talking to the Building '- .Inspector. I would recommend to my client that he withdraw his application at this time until we can clarify • things, without prejudice. MR. NOYAC: T will go along with that. THE CHAIRMAN; I do not think it has anything to do with storing boats in the front yard. RESOLVED, Matt,A,Marr,)Marina, Inc. , Appeal No. 2420 be withdrawn, without prejudice. VOTE of the Board: Ayes: . Messrs: Gillispie, Bergen, Grigonis, and Doyen. After the Board had voted, the following occurred when neighbors of Mr. Noyaes came back into the hearing room. MRS. bEL2HANTE: You realize that in a couple of months they are going to beak here andstart this all over again• in the 'hopes that no one 'shows to protest. i am wise to the way he operated. • MR. GGI,C'ONIS: He will have to have a Change of Zone before he can put up a bui d$:ng. THE CEAT N: Fr'aquently we are 100% against a crows. Sometimes we are 100% with the crowd. Whether you people are with us or against us has no bearing on our decisions. This is not 'a play for Money. MRS. Dgr, 4 NT;E.: This has nothing to do with politics, Sir. It has something to' da with, being a' Taxpayer of the Town of Southold. THE CHAIRMAN: It also has to do with law. What people are permitted to do. We are just amateurs. We are guided by professional people. MRS. DELAHANT$: Seventeen years ago that was a marina 'Should xieVer have been establishd in a residential narea. A THE CHAIRMAN: You are looking, back 17 years. sO.tTa.QLD TOWN BOARD OF APPEALS -30- June 1, 1978 MRS. DELAHANTE: Yes, but do you see what is happening? One variance leads to another variance, to another. Business is not everything. Money is not everything. People's rights mean alot. Money and business is not everything. I do not think the individual taxpayer is, considered by this Board. MR. HARVEY; Is it possible we can appeal? MRS, DELAHANTE: Yes, we want to appeal. THEE CH4TRPTAR. I. do not know what you are appealing. You can appeal -within 30- days of this decision. MR. HARVEY: We want to get some legal advice to see what we can do. MRS.DELAHANTE: If you want signatures, I can get you 100 signatures . THE CHAIRMAN; Signatures have nothing to do with it. You have to be right or wrong legally. Increasingly law in this country is made the Judges, not by the legislative authorities. What a Judge says is legal, Is• legal. That's it. MRS. DELAHANTE: I would like to add that my, husband is directly responsible for stopping the Strong Marina. He THE CHAIRMAN; Have you looked at the Strong Marina, it does not look as though he stopped it. DELAHANTE.: He stopped Aped them from putting it in a residential agea lie h4 wanted to, If you go back over the whole thing. These people want me to speak for them because they are not eloquent. I am 6.1equent. THE CHAIRMAN: Tha operation started with 3 or 4 row boats. It progressed to its present situation. MRS. DELAHANrl'E; What I do not like is that I do not feel that the people's wishes of the Town of Southold are being, considered. 1HE CHAIRMAN: I frequently feel -the same way. MRS. :DELAHANTE: Business, Business, Money, Money, Loney,. This man *a going to ;.make, alot of money for this Town. What 'about the people, on the creek -who want unpolluted waters? The Beauty? ' 'That thing is going • to be an eyesore, no matter what he says. It is going to be an eyesore. .THE CHAIRMAN; He was just denied effectively an industrial building. He has been told he cannot do it. DELAHANTE, You let his lawyer leadf 15 boats. You out of 10 boats into THE CHAIRMAN; That has very little to do with a 9 acre parcel. it doesn't matter if CHAIRMAN;, have 10 boats ar 15. SQUTHOLD TOWN- BOARD OF APPEALS -31- June 1, 1978 MRS. DELAHANTE: Nine acres is not that much, sir. It really isn`t. When you fill it full of 44rbage and boats. Have you really gone down there and looked at what he is doing? THE CHAIRMAN: Twice. MRS. DELAHANTE: I wish the Board would go down and -see. THE CHAIRMAN: We have been down there twice. That is part of our job, Mrs. Delahante. IRS. DELAHANTE: He is stealing the entire creek from the tax payers. That is what he is doing. THE CHAIRMAN; You are talking to the wrong people if you think,.thah. he is stealing land over ther. You should be talking to the Trustees` or the Department of Environmental Control. MRS. DELAHANTE: Other people have poles out into the water. You cannot walk on the beach anymore. You have to go over somebody's bulkhead to get on the other side. MR. GRIGONIS: We do not have the right to tell anyone what to do with their land. MRS . DELAHANTE: People of the Town should be able to walk along the beach without climbing over someone 's bulkhead. MRS GRIGONIS: You have to go to the Town Board and Trustees. They are the only ohes who can help you on this . MRS. DELAHANTE: It just sounds as though it is passing the buck around here. I would like to feel that the Board is really concerned with the feelings of the people, not big business. I mean it. We care about this , creek. We don't want it full of garbage and boats. These people come over here and leave. They, don1t care what happens. They don't care there is junk washing up On our beaches. They don't care we can't go swimming among their garbage. THE CHAIRMAN: Many people wanted the marinas. MRS. DELAHANTE: Businesspeople. Business. THE CHAIRMAN: Zoning is to accommodate as neighbors, business, agricul- ture and summer residents and year wound residents. Sometimes• whoever was here first, the agriculturists, are regarded with the most disfavor. They create dust. MRS. DELAHANTE: I am not allergic to dust. That does not bother me. THE CHAIRMAN: The Planning experts from Albany last year decreed that all farm roads shall be black topped. I do not know how much that would cost, but whoever tried to put that over was totally uninformed. i think if you want to complain about the creek and what is going on there, you should talk to the Trustees. MRS. DELAHANTE: I am too an artist. am concerned with the ' Southold Town Board of Appeals-24-April 27, 1989 Special Meeting • * s DELIBERATIONS/DECISION: ACTION OF THE BOARD OF APPEALS Appl. No. 3829: Matter of the Application of BROWERS WOODS ASSOCIATION, INC. and BARBARA REITER for a Reversal of a Determination by Building Inspector to Grant Building Permit No. 187082 dated October 6, 1988 concerning a proposed "steel building for indoor storage of boats" to be located at premises referred to as "MATT-A-MAR," now or formerly owned by Wickham Road Marina, Inc. Zone District: Marine-II (M-II) . {Previous Zoning District: B-Light Business}. Application was filed citing the prior Zoning Code, Article VI, Sections 100-60 -and 100-61, and Article XIV. New Zoning Code citations refer to Sections 100-121 and 100-122 and Article XXVII for t xe..,Same or similar provisions for this M-II Zone District. Location of Property: West Side of Wickham Avenue, Mattituok, NY; County Tax Map District 1000, Section 114, Block 3, Lot 1. 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 March 9, 1989 in the Matter of :Application No. 3829; WHEREAS, at said hearing all those who desired to be heard were heard and their testimony 'recorded; and WHEREAS, the .-hearing was officially extended until "April 1 , 1989, to, allow written submissions and certified maps to be submitted for the record as requested by the Board of Appeals; 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 -and previous zoning classifications, and the surrounding areas; and - • sispq" a4q tto paT ap- uaaq aAVII' pints uoT4e3TTddE gTmnsad etrtp- Tnq egq. .4-egq uassaz aqq xo3 :BO�.LZ•0 •oN qu#a BuTPTTnia qupaE oq aogoedsui BliT YITng ;o-uaT PuTuusaqap go Tusabliaa apop,buTz z a44 ;o s4anaraaTnbaa,qubTan bug 64 mzogto0 qOU soot) :bu -P t . oa qta� ' aqq qpm uos'eax a aog 28O L10 'ON -TUEE ii iTP'tng .quE15i oq 4:3badsui'6UTp1 Txig 1�o' UoTq`euta a4bp 145'`t esaaia {4 j ' ssuoTiiTttaa epoo bITtt�z aq4 .spun - p eog bu-ruu e a •ai�q �Iq TEt�oiddu. off. .oa Lgns sl .fi;:it�pt n q a cgns . 411-4-4-0,44 Uospaz agq t0 Z-EOSLTO 'Off: 3*Ta-4 5UTpTT 4tivab 64 zogoadsu -biiTpTTng' ;o uaTq�egTmzeiap: go Z7esx ir�.aa . 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A;STgss"s trnotIdde of eq i.4pLeog s'rr.L . ;o uot�.Tsod aq4 sT qI •6861 ' 1 OI uoT4it-.Tgsgns ,stT ,g0•4 sp 'uoz�:poTTdde sT111 uT „t�gaEd 3ai�aTa6fip„ up ST �j�OI�itIOOSSK; SQOQM I S $t o a 'AupoT-E dE Oxlq' qou --o aax 4aqA sT pusq qe saitssT-40aT4 041 10 auk •T sularsta aaAaluDDK s smmliormaii - : ea po s6iuTpuTg bu moTTog aqq ap•eui paEog aqq 'Seg.HM ': (aPra-'d- IVIaIsaooM 5amm0a5 - 6Z8£ •0N =PnuT .uoo'U0ZsToa1) - B"uTgaaW IPToadS 6861 'LZ ZTadV-gZ-sTpadd' go PaEo -izoy PToggnos 4r 9 -r._.xra,_..__".-s-___.rr_... _r..-.__xs_._------ -----.-.-va-----v....__ ,_�a,......... .......w.v.tir--_.r e... __• __u-i---- _ ._�_._� _ -_.�- - _�.....a .... Southold Town Board of Appeals-26-Aprlil 27, 1989 Special Meeting r i (Decision continued: Appl. No. 3829 1- BROWERS WOODS/MATT-A-Mar) : that the proposed structure is withinl75 feet of the bulkheaded wetland area. I GENERAL HISTORY PRION TO 1977 4. From prior to April 23,, 1957 and up until the late 1960-ts, the subject premises was located in-t .e "A" Residential- Agricultural Zoning District and was used as a restaurant with residential/cottage use, without marina or boat-storage use. 5.. A change of zone application was filed.. and later granted on an June 11,' 1965 'by the Southold Town. Board for a change in zone from "A" to "B-2." Under Article IVE, Section 448(1) , marinas for the docking, mooring and accommodation of -non-commercial boats were a listed permitted (principal) use. No provision was made for upland storage of boats or boat servicing in this B-2 Zone District:, 6. On August 13, 1965, Matt-A-Mar, Inc. acquired title to the sub1ect premises. - 7. The principal use as a marina was established some time afer August 13-, 1965, subsequent to the b khead cOnsrruction along the' waterfront areas. No upland sto age or boat servicing existed. - :,,:,, _ _ • , . . . 8. On November 23, 1971, the zoning esigaations for, this property was changed: from -"I3-2" to «B Light Business." The zoning, regulations' in. effect at this time also required Site-Plan Approval and _Special, Except`orn approval- under Article VI, Section 6008(1) , and Section 500B(21, worded as follows: . . .B. Uses Permitted by Special.: Exception by the Board of Appeals as hereinafter provided. . .2. : ar•ivas for_the docking, mooring or accommodation-of non-oommecialboats. . . ." ' 9. No record of a site-plan application or special exception. approval.concerning an expansion . of t e' marina or coo� struotion, of a new building for. marina use or o erwise has been; found of record prior to 1986. 1 I PRIOR ZONING APPEALS' RECORD IQ. , Co January 11,. 1.977,, the •Town Bu�il.ding Department disapproved airapplication to store ats for this' property under Article•`V,, • Secc vn 1a0-60A (Permitted Principal Uses) on the f oll©wirig grounds: . . .Present, zoning does not perrmi storage and repair of boats.. , . '` 1 ' . 1 Southold Town Board of Appeals-27-April 27, 1989 Special Meeting (Decision continued: Appl. No. 3829 - BRQWBRS WOODS/KATT-A-Mar) : 11, On January 27, 1977, Use Variance No. 2242, granted- under the provisions of Article VI, Section 100-60A as to a Permitted principal was conditioned and limited by the Board of Appeals for outside storage of boats (which use was added as a use in addition to- the marina'use of theboats moored and docked at the marina). 12. On April 28, 1978, the Board of Appeals received a letter from the attorney representing Matt-A-Mar• Marina, requesting clarification as to whether it is. necessary to obtain a further variance for retail sales of boats. ' 13. On May 5, 1978, the Board of Appeals confirmed that a variance is required because the use of the premises for retail sales of boats is a permitted use in the C-Light Zone District, not in the B-Light Business Zone District, 14. On May 8, 1978, an application was made to the Southold Town Building Department for retail sales of boats; and on May 12, 1378, the Building Inspector disapproved the application on the following grounds . . . .Retail Sales of Boats are a non-permitted use in this zone: . . ." 15-. Also, on, May 8, 1978, an application fox, ,a,Aise..variance under Article VII, Section 100-70 of the Code' was applied for concerning the proposed retail sale of boats in conjunction with the applicant's present marina business. 16 On June 1, 1978: (a) Use Variance No. 2419 was granted with limitations for t he 'retail sale of nod,more than 15 neww'boats •under Art. VII, S.ectioB, 100-71"; (The 'sale of used boats_ or other watercraft or marine items was not speelficaIly' authorized in the Board's decision) ; . . (b) A r ,7 4est w.as f i,led u oder Appeal No:: 2420 *P1 the, construction, of a,sstaiital `b€i. t-stbxe ;building in _the front hard ea, 44Aa ,pub 1c hearing ra l eld by. .the.' Bard of :4'0400--s. tin tune 1, 1978. ' e, record •at that time was clear that such use was pe fitted " i� the . . .C-T� t Indus ria7.', item. V'IIi, Sect. 100-80) for boat bu clings, boat ser:ric4.ng,, boat storage. facilities. . ." (See Pages 28 and 29, . Transcript'cf fearing of June 1, 1978 under• 'Appii.` 7o. '2420) . 'The application. appeared _to have been filed with the .impression`that such use' was 'allowed in this zone by Board of ,Appea=ls action and .the• applicaticn. was then withdrawn' when- this'•issue Was clarified at the 'hear•ing., - 17. The primary use was as a marina which was not upland and did not necessitate oc6upancy for this use upland (as are usually common with many other type's of uses) or within an Southold Town Board of Appeals-28-April 27, 1.989 Special Meeting '11 (Decision continued: Appl. No. 3&29 - BROWERS,WOODSIMATTA7gar) : enclosed building since the boats were docked in the water. CHANGE OF OWNERSHIP 1a. On. June 1, 1979 the subject premises was conveyed tO F. Nowak; and on June 2.„ ;979, conveyed to Mr. Agarabi. _ RECENT SITE-PLAN APPLICATION On December 11, .1.98-6, Site Plan Maps were filed by repreSerkeati*tsY.61M'att-A-Mar., and it is known that on several , occasions, the Manager of Matt-X-Mai met with Planning Board • Offide. Personn41LdirinOrning a ,proposed boat-storage blinding concerning the ,general site-plan elements. On January 13, 1957, Site-plan mapSiWerereterred by the Southold Town Planning Beard . to the Building Department for certification (see Planning Board resplutiOn adopted January 12, 198/) .' 20. On! October 13, 19a7, alternative maps with, different WildinElocaidn0 ere ftrnished 'to the Planning Board. 21. • Ori9dtOber-15,: ilaV, a .letter was sent from the: Building DeparimOrit td -th&llanning Board Office indicating that the wPrOp§SObilij***uld 'indidate a change of use from (P) Light pli4nespito :jacOMMeiCial' use, depending on buigl. .,,,USe...„:.DurUg:,;-: , 2; q:, 1981, -00 pro-vision‘ at the 8B-tight Busine-sOw''Z'one District for this prtiPery :•did„ tiqt. indlude 'boat storage, a a permitted use, and ,iboat]'stOrage.Wa* a used permitted in, the DC-Light Tndustrial" tone' Digtrict. 22. . SeNicral-, appropkiate steps wore talsen- congerning, site-plan jurisdiction, iri4000. 1*40thispion conferences) , and reOrigt0the-giiilldingln6pdetor -for C'ertiii0ation, in' accordance with.-.Pirtaolq,'41.1%, -Section 100-138,. Subsection 'la of the Zoning Code concerning the, "'Site Plan Procedures. , In. revieWing. theredorti, norecordof certificatiOn was found. however, oi:(0qtdber' li;: '087, a letter was sent by the Auilding, Tn$PectOr, to the plannerin :the Planning loard: Office-indicating the "commercial" nature of the use -Of- the property and the type or nature of boats' to be stored. 23. NO other action was taken at ,a meeting: of ,the .planning .Board ,whidh. might"haVe ,authetriied changes, a- withdrawara - waiver, or any othermOdification to the sitePlan reCord.' -- • r - •mr - - - , - 'i Southold Town Board of Appeals-29-April 27, 1989 Special Meeting (Decision continued: Appi. No. 3829 - BROWERS WOODS1MATT-A-Filar) : 24. At the time of the, issuance of the subject Building Permit on October 6, 1988, an aplication for Site Plan approvaI was officially on file ;and pending with the Southold Tom, Planning , Board for a (boat) storage building, of a similar nature and size. The applicant did file a letter received by, the O€five,of the Planning,Board on July 6, 1988 'indicating his request to withdraw the application since they were studying other options. Upon in€ormation and belief, this request was never presented to the Planning Board for a formal vote to accept and or to declare the application withdrawn, with or without prejudice. It is" apparent that the proper j-urisdiotion for a withdrawal, waiver, or other action" under the site-plan process, and general regulations for the, site-plan elements under' Article XIII of the Zoning •Code, has been and is the Members of the Town •PlanningrBoard (rather than, the 'Building Department). _It. is the determination of this Board that the building-permit was not properly issued, and accordingly aetion- is required by the Southold ,Town Planning Board Under its site-plan regulations. , 2.5. On February 17, 1989, written confirmation was sent, to the Board of Appeals received from the Southold Town Planning Board cdufirming that a determination is required by the'Planning Board concerning the proposed new building. ERRONEOUS INFORMAATION ON PERMIT APPII.CAON 26. The (1988) application, for the building" permit was , erroneous with regard to the Zone District. B-1 was stated instead of B-Bight Business. The maximum height rirement, for a principal building in a, B-1 Zone was 35 feet. The maximum height requirement for a principal-building in- the B-Lighht, Zone was 30. feet. Boat storage was a use permitted in the C-Light Industrial Zone District and was not provided" for 'in the B-fight Zone District. The height limitation.far accessory buildings occupied by an accessory use is 18 feet. BUILDING PERMIT/INSPECTIONS 27. On July 21, ,19,88, ,an application was filed with the, ,Building Department for a new "steel storage build ng for indoor storage of boats.-. .at the southwest section of 9=sere _parcel:u 28. • On. October 6,, 1988., B ilding, Permit Ne. 17,5082 was issued for the‘ construction of v'. . .accessory storage ure-structand 8' stockade fencing' as applied for..,.. Fee $•3; 15.I 0,. .: . :, A foundaton plan was submitted"1218.8 „prepared Spy Thomas D. Reilly; P:'E. First, and- 'Second foundation Inspections Were done on, January 12', 1.9,89 and February 2,, 1.98 , respectively,, ;and ;an updated "as-built" foundation survey prior• to these inspections was not a part of the building-permit 'file as required •by Section 100-141(I),•of the Zoning Code ". . .signed:by "the person responsible for said survey, showing the exact location of such foundation with respect to the street and property lino of the ._ ___ "_- __ _ -:fi4�- � - -t=r. .cis-.r,-.a , • Southold Town Board of,Appeals -30- April 27, 1989 Special Meeting (Decision continued: Appl. NO. 3825 - BROWBRS WbODSIMATr-A-Mar) : lot," and, which continues to provide that " . . .no further construction shall be performed until Such survey- is approved by the Building Inspector. . . . 29. The_ sketchedplan submitted under the building permit •application.depicted a.proposed storage building 36' from ground .to peak, 1(}0 feet- from the west side of sidewalk area along Wickham Avenue, 75 feet from mean _high water mark. The existing bulkhead was shown, but a setback distance to the same was• not depicted. BULKHEAD SETBACK/SECTION 100-119.2B 30. At the time of issuance of this building permit,, Article XI, Section 100-115.2 (renumbered by Local Law %3-1989 to -Article XXIII, Section I00-239d) of the Zoning Code- was in full force and effect and reads as follows: W . .B-. All buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which is adjacent to- tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkhead. The following exceptions will apply: 1. Buildings which are proposed landward. of existing buildings. 2. Lands which are not bulkheaded and are eub•j eot to a•determination by the Board of Town Trustees under Chapter- 97' of the Code of the Town of Southold. - 3. Docks, wharves, pilings, boardwalks, stairs promenades, walkways, piers, which:.are accessory and separate froth existing buildings or, accessory structures. . . ." It is- noted that the .grope 'ty is bulkheaded, gree_,p -roposed building is not• landward of existing buildings fromthe' subj eet bulkhead (to the south.) and is-net .a,structure. 1'i.sted"in= Item #3- (-suic las a dock, wharf P-1)-414, -•boardwalk, '4#034 0.f. gronenade,. etc. ) This Board` is ttmr•liar with the intent of this Section B since this Department drafted the proposed Local Law at the time gx. enactment for legislative -consideration. 34 . Evidence, by way of. a certified- survey _prepared by a licensed surveyor has been submitted, for the appeal record coif :r_ #► ng,that the hal:I:di:ng is set sack 65 feet from the existing bulkhead (rather than the required 75- feet). . 'Precedents concerning permit applications, lathe Building ,Department and toning variancesbefore the Board pf, Appeals show that the minimum setback under •the riding has always b een 75, feet from the bulkhead, regardless of the distance to the Southold Town Board of Appeals -31-April 27, 1989 Special Meeting •a (Decision continued: Appi. No. 3829 - BROWEPS- WOODS/MATT-A.-Mar) : highwater mark below the bulkhead. To date, there has been. nQ change in this interpretation or change in the wording of the law. WETLANDS CODE CH. 97 32. This Board does not believe that it has proper jurisdiction under Chapter 97 -of the' Wetlands Ordinance.. It is not unusual, however,. for ,the Town 'Trustees to either require a wetland permit or to waive their jurisdiction under the Wetlands Ordinance (Ch. 97) based on the location of the highwater or wetland areas and the condition of the bulkhead or similar , barriers, even when jurisdiction is appropriate with the Board of Appeals. The Trustees jurisdiction or possible waiver of jurisdiction is- not a Matter properly to be determined by, this Board under the Zoning Code; however; it is urged that the practice of requiring applications to the Trustees- for their appropriate action under the Wetlands Code (Ch. '0) should be continued prior to the issuance of Building Permits. VALIDITY OF BUILDING PERMIT 33. Article XIV, ,Section 100-1.41, now renumbered Article _ ' XXVIII, Section 100-281, ,pr-ovides that no building permit shall be issued ,unless the proposed constructicin is in full conformity with all the provisions of the zoning code's and. .all, other applicable laws, ordinances and regulations; and--that any building permit issued- in violation of the provisions of this Chapter shall be null and void and of no effect without the necessity for any proceedings, revocations or nullification thereof; and any work undertaken or use established pursuant to the issuance of a permit in violation of the provisions of the . zoning code shall be invalid (emphasis added) . DETERMINATION 34. It is the position of this .Board that, the building permit is hereby determined to be an invalid permit since the 'permit was' not issue. iii_ con€'ormity with certain provisions of the , Zoning Code, including; "but not limited- to the •following areas (as more particularly described in' the above findings).: A. Nonconformance concerning the minimum required setback of buildings at• not Tess- than 75 feet from the bulkhead. B. Nonconformance as final action under Site-Plan review regilatjons, parking .regulations, and/or other action'by the- Southold Town Planning Board. 35. By this determination, the effect of the subject building permit is 'null and void, without the necessity' for any proceedings, revocations or nullification thereof tSection 100-281 (100-141)) . Southold Town Board of A.ppeals -32-April 27, 1989 Special Meeting (Decision continued: Appi. Na. 3829 - BROWERS wboDS/MATT7A,-Sar) : OTHER CONSIDERATIONS 36. Prior .tp re-issuance or .reinstatement of, any Building Permit for this, building, , further interpretations Must be formally requestedand':considered by this Board, for' further clarification astowhether all of the activities in this proposed building is aermitted principal use or a ,permitted accessory Use in, this 'koning district, including but not limited to the.: applicable .requirements in determining height limitations and yard. locations under the Zoning Code, and shall BE REMANDED _ FOR rt4rHER HEARTN.0,(S) • on the above-ncted elements, if necessary, for the following reasons. : (a) It is the opinion of the ,attorney representing the property owner, Wi6khajcn Road Marina, Inc., and/or 'Matt-A-Mar, Marinar Inc"-, that thesubject 'building is an ' accessory -building with an accessory uSe.'? bast zoning actions-have provided that an .adfce4ory use ,or accessory building is permitted only in. the required rear yard and at a leight not to exceed 18 feet, eXcept! when the criteria for an area variance is appropriately issued bit the 'board of Appeals. The subject , building is Iodated in the front •yard and is understood to be at • a height greatly 'in excess 'of 18 •feet. The definition of height under Section 108-1:3 is as follows: vertical , stanCe measured from the, average elevation1,0 the finished grade of the'',1andi,iimMediately adja;dent to the *ii).dirig to -the highest paint o the roof for, flat- arid mansard roots and to the mean height between eave and ridge for other types of -ropfs, , . .`r. The he.4.0t 'diqi4noe provided,during the ,heariqg Is the footage "from the flpd f the building to top, 4r to- the'ridge line to get (Reference;-• Page 20 of 31,, ./8, verbatAid-hearihi,transeript.). Sufficient eVidence hat. not been , `SUbMitteCin:t4e,•;reCord as to the ';finipiied; grade ej;e7ciatioris- . e.144ing. befor the 'stat of construction and. the,:proposed final grade • TtOth.O4t! a Olea. understanding and sufficient information as to the ntended use :Of the' proposed building, either under '71#1r,icipal use" or an "accessory Use, a determinaton, as to the 'permitted height is premature. RriOr-',to•the pyx4t,. .0:# of, the #tning code aMerLdnient$,,On, . Januay ft, 198 ,therna4;timilitiheight reOireinent„fOr..,a principal was teet. ': The"new-zOninTpodayerditS" a yllax**9.1height at 35: feet for a. principal or,larimarii and 'a MaXiMum height -at- 18 feet for an accessory building, using the sariie.hei9ht Oa), Additional evidence concerning ,the activities within the subject'building to- be, used :for boat:storage is! iMpierative, particularly with regard to the basis of the property owner's position that- the building is an accessory building. One of the Southold Town Board of Appeals-33-April 27, 1989 Special Meeting (Decision continued: Appl. No. 3829 - BROWERS WOODS{MATT-A-Mar-) : two ,primary uses of the land included limited outside boat, storage. ` This Board- believes- and the record cant irms .that certain repairs and• maintenance'`servi ces on the .boats- will be undertaken within and. building. Activities of :this nature do not fall under the de€in,ition of an'aoeessory use. An accessoty use is ""... s, use customarily incidental aid-subordinate to the main use on a lot, whether such accessory used is- conducted in a- principal, or Acoessory building. The storage of boats in the proposed 'bt.ilding is: (a) income-producing, (b) not incidental :and is not necessary or dependent upon the existing established uses•, either as -a marina or outside boat storage use, aid- t1erefhre is not ancillary, subordinate or an -accessory use as• interpreted under• the past or present zoning codes. (c) Additional information concerning, the manner of storage (such as elevated storage racksI and the nu r of boats to be -stored within the building have not been made a ,part of the record. The n Aber 'of-boats to be stored will be necessary to determine ndt o-n1 the parking'reguirements but also whether the same is an expansion of the existing outside boat storage use or Whether the sane is a reduction o€ 'the existing 'outside 5 boat storage use. _ - Accordingly, on mo-tion by Mr. D)inizio, seconded by Mr. Goehringer; it was EFS0.LVE , :that t -,Building, **it in, :question .referred .to as No. Qi'1S,O "'is .e= :Y' 1?ET MII�1ID• BR AN; IN 13 'PERMIT as described in;.pdMagraph! 434`, r' �uliify g and ViAdI tg;;the efects: of, said permits kid:134 ITR 'i cit' I ESOIAvi n, to GRANT'tie regues unde>: Appl`. ];a. 3&29' for the R ERSAL; OF`•�'I3�" RM ` pie ley' the Uilding<< ±n�pedtor to rant N'G I? ; Bre-t; NQ_.,..0,17 'QB ani I� . Rt RIggplyg •, that prior to-issuance .o-r reissuance af'a Building permit; 'for this builduig, further 'interpretations' be ;`forriial5ly requesi ed`'of this `' 3oard.;'',for c'iarif` .cati_on';a:s;'to whether all of the act:ivit .es, in; 'this proposed ,buildng iis a; - -permitted' pr`ineiga ,'.,' tise''or`'a permitted ac'oesso ' use ri' tbi's A 4 Southold Town. Board of Appeals-34-April. 27, 1989 Special Meeting .(Decision Continued: Appl. No. 3829 - BROWERS WOODS/MATT-A-MAR),: zoning district, including but not limited to the applicable requirements in determining height limitations and yard ' locations under= the Zoniiag Code; and be-R :M,NDED FOR FURTHER. HEARINGS) on-the- above-noted elements, if necessazy. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Sawicki. . (Absent were: Member Grigbnis and Member Doyen. ) this resolution was duly adopted: . * * POSTPONEMENT OF REGULAR MEETING: The Board Members agreed to postpone the May 18 , 1989 Regular Meeting tentatively for Thursday, June 15th, fn-otder to allow training by another stenographer for the Board of Appeals at that meeting in the event that there is a change in personnel by July' s meeting. * * * The Chairman declared the meeting adjourned at 7 : 25 o' clock p.m. . Respectfully submitted , inda F. Kowa ski , Secretary Southold Town Board of Appeals • Approved - May ,;51 , 1989 f • RECEIVED AND FILED .BY THE, SOUJTHOLD TOWN CLK DATE(.0) 1)-2)R HaUA, }) • Town Clerk, Town of Sou#bolls FOIA OFFICIAL USE ONLY CHECKLIST FOR NEW PROJECTS LABEL APPL# /7 ASSESSORS CARD (7 COPIES) NAME _ n _i L% CTY. TAX MAP (7 COPIES + 1) CTM# / --3 INDEX CARD (ATTACH OLD) TOWN iffmr LIST ALPHA BOOK RESEARCH ALPHA COPY PRIORS SIX COPIES • INSPECTION PACKETS COMPLETE REF: UPDATED NEW INFORMATION • - n'r I: • I • e ` • r 'II '^,IyI N.S. Ref# CIO-91-014 • �j CAMPBELL. FOJND ' ♦ I II Vii{', OR EUJM1L e,N TYPE In-09 (To C,IEADE) /. J ' \ P i,u gaAoc se. r—� . . s , 1 i 1.'..'I • 5 / i cxin".irlel yi� ,`w., r.s� ov ` , G V . C 0 / nIgto jTic. ,c u.ur �l is ry ��I --Tri:"... W 'd u RV t — ,,.. � e�� it r r \ v N G \ // iAlE r _ - --o. N/O/F LAND OF BAKER - 'Y _ "( ,. ,x.. s'D,F 5 0 0 o r� / 4�, \` /�i / t.„. ! ` ro•/ yflfe 1 \ ,, i/ ihjP/EIFR \ \ e V— . A . vaiaw� t• oo t ''.... �✓ jj •i'r p P ,wl/ bt`EP \ EANer �ffSE V� .• 6'D� Etre.k•veF1 oR t 1` . / - • F �% • / .DxO BED /, N \ \ `�\ \,D GREASE TRAP i'— �rb.a �1 ✓ nr,j — Pv�w ' 11 j .� ,,I i' - Px'y * \ \ NOT TO SCALE iroxn ec x .-- _ J / \ ..,- it"" ✓ r-� ( Y[uw, 9 /I �: ^ p. •/ ,IEP � *l Arca v,.PEF Fr. a'\ " a '-_ ' �� -----.....---c%t o, / �- 1 � � +t., '1{ , L9` i / f60 ......../ WOODED � - .e �I �\ ' I !; '�-� \ ' \ i . / 'RPEx�` \ I I • *�� \\\ 'rO tJ h /JO / O✓.t e'LL remain or iO.O.era G¢=oF Fu. a��_'.ca.. \ \ t* 1 �, , I � p 0 P \ AREA \N. N� x - '.T.,«._ , r KEY M - i y P a E zz 1:' 1./ T°0„ •% tzç 04) tea.•• rt•� ,, 11 J • SEPTIC TANK 1 ; / �/ ° / LGROUND WATER MANAGEMENT ZONE !Y/ re Cv' rREE C :IfZ i� \ c•rec� ✓/rly/ Caa-Ie.- 0 LiJ 0 / o y / VC lee �Do ni ) I � \ Cl-I _ . 8.75 acres s = 300 gp.d./ocre a 2625 ¢0.d :"' • O i 1 ' / / - / TREE ei yldgto' v la. v L ..I J o / TREE O •eli I� * — Q BOAT STORAGE BUILDING ( COVENANTS 1 O ¢p.4 '/ L / / lI / I ParrKlNG BP \ STORE, OFFICE dSECURITY OFFICE t o ' e / !pG 2000rq ItNo.06 - / ' I k0 01`LY// / / / ' / ,n EE TREE TREE - _-�° Jr I ']i u.0..+ . O I R T `146 _ G R A V EAL \ O INDOOR - ESTAURANT BARpSI 150 ' . ,15rrr . , . 1 A0.d•'(� CJ r°EE g' rye' ��� I . IT es t wpp/r, IOUOREATS f50 gp{ ,*- d5° �• @ y-.�/jy . n raaeo went rwa A g•0.{ 'rQ I \ //w ` BOSLIW/TH POOL 1365 ,L li ' r;/ OTREE • q' g'P-STGE16s !t. = 2540 , -I / ,aN'/._ __/Of 5 Q ,xEE O TREE a o 1 �, ', I,P • - rB NEW BASIN g•A4 f`. • EI 1 ry Y�t SECURITY 7tih� F:Q / ' / ,REE TREE °"' W q I,P I °rf1C° °'� !. PARK/NGS illi AMOUNT OF MATERIAL TO BE REMOVED = y65o' cu. yds r 1 / \it ' f ' .. rLEE t, J O THEE /o9Nds Vn yv FR. REDO I -7.- �_ v 2000 , 1 z.,' y p Ulv i 141 AMOUNT TO REMAIN OF SITE cu. yds a FOR AEW BERM DESIGN RESTAURANT'•'tNJ �, 1 „ ^ TREf TREE o, hn a.• ”'"/` C 1 '"`-'" /I � TO BE REMOVED FROM SITE = 7650 cu. yds INDOOR 73 seats 3Og.p.s. "2190 ¢p.d I'. -f+c / Ar E'4'C\I iFtf —yL TRFR TRE` / FEE jri.elc NE � I _ ASPNHtT �' . . '.ijo AD U� " ' slaxR,Olt� _ ljbar seal[ 15 g.p.s. 223 g.�.4 : . .p+ / LE. ��. \ ,1 I / Rts - E , ,.. cen.RT` cetDee \ — _ _v—.__ .... le; r 'rI. ti ` l6 OUTDOOR 30seals /5.gps.. 450 'g,p.d.. . y� dP__ _ �y (� BOAT SLIPS WITH POOL 15 Id65 +q /l PI TnrErs�ro ,D \� ,( 2 ,.vsrn� - •( �t �ErPL.OYfF� ' 'FE _ _ vcnEc ' aRrL.;r- .�. /. '! . _ STORAGE 616 sq. /1. 0.04 gp.d pR/, :' 'f� • 4. .•v • CF----tom PARKING 90.4. e" g n I Li 5,° reel D \J LLccr. I__ _ aM '- 1' S`1 D1 Nc' - Q v6, Fn FLAG RNINGj O rR.x. '!J'i '64 /Y�.� -- .-• •' .i: , .1 z 4P'3 fin{ �I +I f� _ ,t�1JE�,�� �_ ti•,.� •Ionr // / b` 4'PTR[E I' �� .. q0 0, PA • - _at AA ti - 300' LILCO - Y '. RGI v /LL[// OTRtE wL( LT .Z� REE A �r Vq A ��#t+ �/}4 / 1 "' .r,.`a: A$y�lA Gtw ��v/ 0 l� �I7zwst SjO�.�dE/�i1C+C/ 'eue.,trt0' dA. 5• LIQUID DEPTH I EXISTING 1 LFII ' vpal_' fi a �� �/��-' i 'ate SEPTIC TANK I�' B 1 J4j\TRE, ' coed I. f LP FTIII BOAT q;: \ r I I d ! o cot / _YNuxiE. 5000 Septic Taft a r / 1 TREE �L 1,- / eOP` STORAGE I I gal p provided ( 2 corrpalmW 1 • �• (� TRE Y < cTORE•Es T ., i aL,. BUILDING , j l� a v6.I 1 J Si_ IM.V4 tam. k LEACHING DO55 a 8510LS d TREE fgEE - WALL I - 1 S 1' I Q d JI , ;'.. •- xErArE+E G9py�✓ .- _ r FIx.Fu. = EE. u 5 . . 4255 / 1.5 gal /sq. It = 2836 sq. ft. / 25 a f13n4 V.F. _ �j. (\/\ , ` / LT: Provided 64 V.F. ' is+' \ 11 I ,a I Q n" r • • ✓ Eiti - /P!w'' G-en - •A.R 10 N'/� ' 1 no p/mmb/n9 r . M 5 . mPpl • . W ,yl'�jyll I ,i/!I. ..... serv,ng {hrs b/dy i O • P�.' G 1 s . • c °N 'I� ( \y /, IA 1 fin rem a,n dry ) fQCCCi Y "l�SI ' 1 '`I� I • I • - ^ l'04', 1/ J� MAR •_ 1 J -. •'-. - ERD `OaRYEF1C . • Irp �� _ ' ;9. • \ ¢ MAP FOR i 11 Lit \ II� ' ,ND /VI - / ..` - 1'L:. - I .!��� • � "l._`_- '.L'- r -'ep� `�•-, - -, . - _ =1 , :.. ��. I o , h " Z MATT - A - MAR MARINA INC. • , (TA,R , // i• '- / .OItWf '/L7� �_ ., * V J n __�_ HYb hh L Y AT MATTITUCK •�� ' I Y \ to •n R. 1}�I I� / I' •` ', i,� •I Cn,•A - - ,f/gr. " , - - . - _ 'r' = - p TOWN OF SOUTHOLO '''% ' 4 ��I dLPY.wcn r �"1 �L ' ,f.• PAQK/N4 Lor 3 fi , U ( / O ` r1. \ • _ ! sT ,%I 5T NG tlRIV : I -• ONE ' _ "'- [I°/ t Q '.io. + P • r „ �. .. • rap 1--, _T ., to SUFFOLK COUNTY N. Y. . r' � - __ _ , b Pta-4L a a�b 71k�1��► �TO741T8Td11Xi4f�Y�f��/SrTBT�p7bTd a EaeZ IS Ir•E• y 1000 11, 03 - 01 Lo 1 • ' i• .l > \*` _ \ P,rrop 5 h 'n.r <.t. Yrny . .'tx- c re<n o ' a GEOSSEGT/QN SCALE 1" = 50' ,, 1 / h p51N \ \ \ '//-�_ - -- N ,� - — — -- " � , o EA,eTHErY (gEA/tM FEB. 22, 1989 - , ,4• • •, / 1k B i.- � PpBED //„ ,. -+r— /` +-�'�__ 1 .�... s .LE, 1 m No SCA L FEB. 61'1 9P(sanitary design 1 ,t�tt'� re? 0" �pRO r„e G� `'�.,Ir`I� �J/ rap � n `•�� N MAR. 11, 1992 ( additions 1 �' "a yl'i n.,, m - 3,0 ,5 II e Pa!rvrl` \ t To TAu PKosOusOo 6uLKpC,q,o "ma* p F / APPR O'1(IM ATE SHORELINE NIGH WATER MARDI �� I1 vi „ P 1S7'Tc7AE. DEL. 30, 1992 ! revisions 1 ,}., _ /. /8 wive $UELLHC•MO AT" GYDq•I Egos,,,/ Aroo T.xv. PAm. a'aE=rtY.- APR/) 22, /993 ! r lar deloils 1 ">'4 aC 1. ,1' on! Y I'/ " y, ' ; RL,�E 2 f"`r ' i,vo„. of •JIQ.P,,.n e0 e '5:,.-s Pm (Derail .,.Arz fa 6e iep'�c'e,g) xu , MAY /3 1993 ( as built se Ile system , + •�* '' i r...+., \ 7.31/' WL Or' /BLAS PaSEd BJPI•NCrIO rN �/11yr oG oLt !-PrrTwG QJ•:�Hwn L P y F T I may'" `,r C _ ,v JULY 7, 1993 ( prop. lence.l 3 . T ., idleNI' Fi2oAx PcarN Glre Tu s�o7Jt' ti D„Ar ,9asnr AEVa Two t2MmP N, +' . ''•, �•; :1 '` / ' / v' ; / t ti , . \ -N-„ . . 4950-4-1-4‘. 'E Lc•'la. DEC. 10,' 1997 prop. storage roan, dock 1 `i "911„ 1 JULY 15, 1994 ! revised septic I O y, NOV. 9, 1998 I prop• vinyl sheeting 1 N.' 11'19 II. DEC. 11, 1998 ( additions 1 1 11 4V / - P /aavp.,,� bcct/era NOTE: FEB. 22, 1999 ( revision 1 a+ '._ ti I (�O/:.t,T L n r,Z,c c K 517E PLAN WF STEVEN FROM FIELD, OFFICE xu Li SEPT B, 1999 f prop. basin 1 v "+l;.J y, / 01 i CIV/( t 1 i N G P(�f' 9 SITE PLAN BY STEVEN J. LAYMAN, PE, IDATED DEC 1986 °'! ? rY i , Er¢ ;r° ? / PTI �KatP o-K E co-noG .rw E•< ) ACTUAL FIELD DATA AND OFFICE INFOIRMATION. OCT. 18, 1999 ( revision 1 La ,, , , CV. 1, 1999 ( revision 1 ° Y " Dec. 2, 1999 (revisions) ') i * , ',,\.A f L O - CONTOUR LINES AND ELEVATION/S ARE 77t4,-, ,y�+ - -11r/� REFERENCED TO NGVD. l +id= Jr.:- AREA= 8.75 ACRES* t b. . . * cos s DIE5LL TANKS }' v GAS 10,000 GAL. l miasma tA. 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NO. DESCRIPTION D 4 TE 1\\(\ I 1 1 PROPOSED OUTDOOR BOAT 1 ! 1 STORAGE RACK --i 1 i I 4 6. j 11 1 1 FACILITY NAME: N. r I I I 1 1 M �I . 4 ----1� -- ----- - ---- - 11 01 I N / -- 1 _ - - - -1- -1- -�-H +- -- MATT-A-MAR MARINA, INC. '` A' 11 I AT MATTITUCK I @@ ` ' ' 1 • ' 1 i � . WICKHAM AVENUE, MA TTI TUCK, NY 1 _ - _ � '/ 4_- - - _ _ L -I- - - -- --t -- - - - --T ../-d,'- " \ ,. F, 3 ~h i D Ifrl,i — s � , 2"0.-Z,,,, .� �• C'l41,; q. _ __ / V1 j rot '; ROBERT H. WHEL AN P E . ,* V/6...- I-r Jrj. . ._ _ _. ✓5C�9L&. i "_/ da 1 R ' MPOBOA 590 ,c ; .:(37/6 UCK, NENYORK 11952 TEL: 631-722-5875 FAX: 631-722-7835 5 Fs SCALE: AS NOTED DRAWN BY:: RHW DATE: 4/9/02 10B NO. 22012 DRAWING NO. A-I SHEET NO. I OF I ,