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HomeMy WebLinkAbout2867SoUtholcl Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR, SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH B, SAWICKI TO: Southold Town Board DATE: April 27, 1982 SUBJECT: Request of Joseph S. Czartosieski Appeals No. 2867, 2868 and 2869 Gentlemen: Mr. Joseph S. Czartosieski, the applicant in Appeals No. 2868 and 2869 has requested a refund ($45.00) for these applications to the Board of Appeals. 2867, The only paperwork processed by us was a letter to the applicant informing him that these applications were tabled pending site plan approval from the Planning Board due to the limited areas for parking. No environmental declaration was made or any other action, and at a Special Meeting held last Saturday, the Board of Appeals resolved to withdraw these applications without prejudice as requested. It is our understanding that the fees paid at the time of filing these appeals on August 6, 1981 were deposited into the General Fund and the request for a refund is referred to you for your consideration. Southold Town Board of Appeals MAIN RnAD- STATE RnAD 25 SnUTHI3LD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI April 27, 1982 Mr. Joseph S. Czartosieski 75 Peconic Lane Peconic, NY 11958 Re: Appeals No. 2867, / Dear Mr. Czartosieski: 2868, 2869 Please be advised that the following action was taken at a Special Meeting held April 24, 1982 concerning your recent request dated April 23, 1982: RESOLVED, that Appeals No. 2867, 2868 and 2869, applica- tions of Joseph S. Czartosieski be hereby withdrawn without prejudice as requested. Your request for a refund of the filing fees has been referred to the Southold Town Board, and it is our under- standing that it will be placed on their agenda for May 4th. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary HENRY E. RAYNOR, ,Ir., FllrlDDrtlOI[ E. COIIDO[: ,IAME8 WALL BENNETT ORLOWSKI, GEORGE RITCHIE LATHAM, ,Jr. William F. Mullen, Jr. Southold, N.Y. 11971 TELEPHONE 765- 1938 January 21, 1982 Mr. George Fisher Senior Building Inspector Southold Town Hall Southold, New York 11971 Dear Mr. Fisher: At a regular meeting of the Southold Town Planning Board, Monday January 18, 1982 the following action was taken: RESOLVED that the $outhold Town Planning Board deny the site plan of Joseph S. Czartosieski , located at Peconic, on the basis that the plan does not comply with site plan requirements and the re- quested scaled parking plan has not been submitted by the applicant. Yours very truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susarn E. Long, Se t~ HENRY E. RAYNOR, Jr,,Chairm~ FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKLJr. GEORGE RITCHIE LATHAM. Jr. William F. Mullen, Jr. T LD Southold, N.Y. 11971 November. 13, 1981 TELEPHONE 765 - 19.38 Mr. Charles Grigonis, Chairman Board of Appeals Southold Town Hall Southold, New York 11971 Dear Mr. Grigonis: At a regular meeting of the Southold Town Planning Board, Monday November 9, 1981 the following action was taken: RESOLVED that the applicant, Joseph S. Czartosieski, appeal No. 2867, 2868, 2869 not be considered as his proposals do not comply with the Building Inspector's certification, dated October 23, 1981. Yours very truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD Long, Secre~ Enc. TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 October 23, 1981 TEL. 765-1802 Mr. Henry Raynor, Chairman Southold Town Planning Board Southold, New York 11971 Re: Joseph S. Czartosieski, Site Development Dear Henry: Your letter of September 17, 1981 to George Fisher has come to my attention today and since George is vacationing, I will respond. This property is Zoned B-1 General Business and the area and width does not conform to Art. VII Sec. 100-71 Bulk Schedule of Zoning Ordinance. Site contains approximately 7,834 sq. feet, which is considerably short of the 30~000 sq. ft. requirement. Under this section, lot width required is 150' 0" with set back requirements as follows. Front and rear yard are 35' 0"; side yards totaliO' 0"~ 25' 0" for each side yard. The building on property pre-existed Zoning. garage was reconstructed under a building permit, for accessory use only. The frame permitted use is The two story frame building contains an apartment on the second floor. This is a non-conforming use in this district. The first floor of this building was used by Mr. Czartosieski for his upholstery business, a permitted use, since this is the principal building on the site. Fresently the property size in area and width, Zoning requirements. contains two uses for its non-conforming any additional uses would not conform to Building h Housing Inspector EFH:jd Southold Town Board of Appeals APPEALS BOARD MEMBERS ,CHARLES GRIGONIS, JR., CHAIRMAN ~ERGE DOYEN, JR. ~OBERT J. DOUGLASS 3ERARD P. GO~=HRINGER JOSEPH H. SAWlCKI TO: Mr. Henry E..-Raynor, Chairman Southold To~n Planning Board FROM: DATE: Southold Town Board of Appeals September 4, 1981 RE: Appeals No. 2867, 2868 and 2869 Applications of Joseph S. Czartosieski ' Dear Henry: Recently, the Board of Appeals forwarded correspondence to Mr. Czartosieski dated August 14, 1981, a copy which has been provided with your office concerning applications before this Board by Mr. Czartosieski. It is our understanding that the Planning Board does not wish to entertain any requests concern- ing these applications. Mr. Czartosieski has applied to the Board of Appeals requesting a change in use of his premises located at Peconic Lane, Peconic, to include the "sales of used cars" in addition to the upholstery business. Article VII, Section 100-70B(4) of the zoning code permits "a use for used car sales" upon applications to the Board of Appeals for a Special Exception and to the Planning Board for site and parking plan approvals. The Board o~ Appeals believes that before it may entertain this application for a change in use, additional information is needed concerning the limit of available area for outside storage of the cars proposed for sales, and since the Planning Board must deter- mine the "...reasonable and appropriate off-street parking require- ments for...uses which do not fall within the categories listed..." in Article XI, Section 100-112A (page 10043) of the zoning code, Mr. Czartocieski was asked to obtain that information from your department. The Board of Appeals may wish to place certain condi- tions as to the limit of cars for outside storage if these appli- cations were approved, and this is why your cooperation is being requested. A copy of this letter is being forwarded to the applicant and his attorney in order that they may proceed in this matter. Page 2 Southold Town Planning Board Re: Appeals No. 2867, 2868, 2869 - Joseph S. Czartocieski Thank you for your anticipated cooperation. Yours very truly, CHARLES GRIGONIS, JR. CHAIRMAN cc: Mr. Joseph S. Czartocieski Richard J. Cron, Esq. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 766-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. TERRY TUTBILL ROBERT J. DOUGLASS GERARD P. GOEHRINGER August 14, 1981 Mr. Joseph S. Czartosieski 75 Peconic Lane Peconic, NY 11958 Re: Appeals No. 2867, 2868, 2869 (Used-Car Lot & Upholstering Businesses) Dear Mr. Czartosieski: After reviewing your recent appeal applications, it is the consensus of the Board that Site Plan Approval be obtained from the Southold Town Planning Board before scheduling these matters for public hearings for the following reasons: (a) The area to be utilized for used cars may affect the area required for parking; (b) Clarification of the current uses within these build- ings. A copy of this letter and your survey submitted August 6, 1981 are being forwarded to the Southold Town Planning Board. If you have any questions, please do not hesitate to call. Sincerely yours, CG:lk cc: Mr. Henry E. Raynor, Jr. Chairman, Planning Board CHARLES GRIGONIS, CHAIRMAN JR. ~3DITH T. TERRY . TOWN CLERK I~EGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L.I., N.Y. 11971 August 6, 1981 To: The Southold Town Board of Appeals From: Judith T. Terry,Town Clerk Transmitted herewith is Appeal No. 2867, application of Joseph S. Czartosieski for a special exception. Also included is: Notice to Adjacent Property Owners: Southold Town Highway Department and Alvin Pace, Short Environmental Assessment FOrm, Letter relative to N.Y.S. Tidal Wetlands Land-Use, Notice of Disapproval from the Building Department, and Survey of the Property. · SHORT ENVIRONkJENTAL ASSESSI4ENT FORI3 INSTRUCTIONS: . , (o) Ill order to answer tile questions in this short EAF it is assumed tho{ the preparer will use. currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will bt undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) If all questions have been answered J~o it is likely that this project is not significant. . (d) Eh'vironmental Assessment '"" .. 1. Will project result in o large physical change to the project site Or physically alter more Yes 'land? than 10 acres of ........................ . 2. %'1ill there'be a major change to any unique or -unusual land form found on the site? .......... Yes ~ NO 3. ¥till project alter or have a large' effect on existing body of water? ....................... ~ YgS. ~ 4.. ¥1ill project have a potentially large impact ~ on groundwater quality? ....................... Yes o 5. ¥1ill project significantly effect drainage- flow on adjacent sites? ........................ Yes, M 6. ¥/ill project affect any threatened or endangered plon~ or on~mol species? ........... Yes ~ No 7. ¥1ill project result in o major adverse e~fec~' .. air quality? ' Yes k/No 8. ¥;ill project have a major effect on visual character of the community or scenic views or vistas ~nown to:be important to the community?. 'Yes ~ No ~. ¥till project adversely impact any s~te or .. . structure of historic, prehistoric or paleontological importance or any site designated os o critical environmental area 10. Will project have o major effect on exlstlhg or future recreational opportunities? ......... Yes.?<No 11. Will project result in.major traffic problems o~ cause o major e~fect to ex-isting · transportation systems? ....................... Yes 12. Will project .regularly cause objectionable odors, noise,' glare, vibration, or electrical '. disturbance as a result of the project's operation? ' ' Yes ~No 13. %~ill'project have any impact on public health or safety? .................................... Yes .'~ No 14. %~ill p~oject affect the existing community by directly causing a growth in permanent population of mare than 5 percegt over o one year period or have a major negative on the character of the community or neighborhood? ......... 15. Is there public n over ' project? ...................................... To: (Today' s Date) Southold Town Board of Appeal~ Main Road ,~J Southold, NY 11971 ,/ Lo~ation of Property: {/ ," ! /'~//~' /~' '/'~"~W~'~'~" ~V' //~ Dear Sirs: In reference to ~he New York State Tidal Wetlands Land-Use Regulations, 6 NYCR~Part 661, and Article 25 of the New York State Envlronmenta!,~Conservation Law, please be advised that ~e subject property i~ the within appeal application: (please c~Ck one box) [ ] ,/May be located within 300 feet of tidal wetlands; /~ however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at' least 100 feet in length.* [ ] [ ] not appear to May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. ~ay be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge o'f this property is a bulkhead less than 100 feet in ~'~ength. May be located within 300 feet of tidal wetlands; and th"~e is no bulkhead or concrete wall existing on the ~mises. Is not lod'~ed within 300 feet of tidal wetlands to the best '~f my knowledge.* [Starred items' (~*) indicate your property does fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, REASON FOR APPEAL Continued 1 STRICT APPLICATION OF THE O'RDINANCE would produce practical difficulties or unneces- sary HARDSHIP becauSe 2. The hardship created is UNIQUE and is not shored by oil properties alike in the immediate vicinity of this property and in this use district because 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~-~ ~ ~/~ ~/~d .~;~~..~ ~-~ ~'~ *~*¢L~,/~ ~,~ ~ STATE OF NEW YORK ) ) ss COUNTY OF.C:~ ~lt¢~°~'t~'2- ) S~om to this ............... :...~ ....................... '. doy ........ .~[ ................................... ~ u:. ...... ~.....~t.-.-;x~, ........ 4 ........... z ............ ' , Notor~2u~lic, tOWN OF SOUTHOLD, NEW YOIIK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. D^T TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. (~/ / Name of d~;)pellont Street am:l Numar ).~/ ,~-~'.~.~,~,¢. .................................................................... ..~..........,,~.: ......... HEREBY APPEAL TO f Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ........ /1~,.~. ..................... DATED ..................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO . · - ........... ~. ~- /Name of Ag, j::~icant for py~nit o, .................... ....................... 22.=%. ................ Street and Number MunicipallY/ Stat~J () PERMIT TO USE ) PERMIT FOR OCCUPANCY ~.LOCATION OF THE PROPERTY ..~<.*:..~...~...~.~:Z~: .................. ~-~..'..L..~.Z<~, U. Dist~l~t on Z~i~ Map Map No Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3 TYPE OF APPEAL Appeal is mode herewith {or (~ A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lock of access (State of New York Town Low Chop. 62 Cons. Laws Art 16 Sec. 280A Subsection 3 4 PREVIOUS APPEAL A previous appeal (has) (has not) been mode with respect to this ~cision of the Building Inspector or with respect to this property. Such ~ppeol was ( ) request for o special permit ( ) request Jar a variance and was mode in Appeal No ................................. Doted ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection (D<~ A Variance to the Zoning Ordinance ( ) is requested for the reason that ~-t,. C:~;C:~', ~-1 (Continue on other side) BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter of the Petition of : to ~e Boar'd of Appeals'6f the Town of Southold : TO: to re~ ARE HEREBY GIVEN NOTICE: is the intention of the undersigned (Special Exce 2. which cribed as t NOTICE TO ADJACENT , -. PROPERTY OWNE ; i' ition the Board of Appeals of the Towni :) (the following relief: :ition is located adiacent to your proper} ', ~uthold I is des- ct: 4.i , such Petition, the under, signed/__/,) will ri' the following relief: $. That the provisions of the Southold Town Zoning Code applicable to the relief spught bY the under- sgnedare Ar~Lcle ~'//~ Sectic~.. /~-~o ~//~ /~-?( 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the $outhold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: o(p~ ~~t~-~' 00/ Post Office Address NAME PROOF OF MA~LING OF NQTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OFNEW YORK) COUNTY OF SUFFOLK) SS.: ~ ~, C:~'~ . residing at :~3'~ t'~--,'~r~c- ~ - d:/'~~ ~r ~' . , being duly sworn, depots and says that on the ,~ day of '~~ ~ ,19 ~ / , deponent mailed a true copy of the Notice set forth on the re- ver~ side ~eof, directed to each of the above-named persons at the addresses set opposite thor respective name; that the addres~s set opposite the names of said persons are the addr~ses of said persons as shown on the current ~sment ~oll of the Town of Southold; that said Notices were mailed at the United States Post ~- rice at /~~ ; that said Notices were mailed to each of said ~rsons by (certified) (registered) mail. Sworn to ~. e~.~me t~ , Notary Public RECEIPT FOR CERTIFI~,D MAILI NO NSURANCE COVERAGE PRO; D~; ~-- NOT FOR INTERNATIONAL Rev~s~e! TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.~ 1 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,, (We)~~.....~..~q~..;o, ..~C....?.~..~...~ .................................. (.../ / Name of~C~pellont Street and Number Municipality s~, THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON ........ .................... ........ .............. WHEREBY THE BUILDING INSPECTOR DENIED TO ..~,~..~..: .......... ~' ~'qame o{ ~:~icont {or p~'nit ~ ~ o, ..~.~...../~L..z~ .................. ~. ...................... .~..:...V..,. ................ Street and Number Municipality State~ ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ~' ERT / · - ' ,. LOC^T'ON ~F THE P~OPER~ Y ..~:..~ ................. ~.--./..-.e~.~ Use Distd~:t on Zoning Mop Street Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning,Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for (~;~x, A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ~ A Variance to the Zoning Ordinance ( ) is requested for the reason that ' x ';'--/,f." ~o~rn ~.~! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3 Tine Variance would observe the spirit of the Ordinance and WOULD ~NOT CHANGE THE,. CHARACTER OF THE D STR CT because ~' ~/~z'/~'~dC~ ~-~- 7 -', ~'~' ~""~<~ Sworn to this .................. ~.,i ........................ day of ~L~T.:;~ .................... 19 No. 52-46t2740 FORM NO. $ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No. Date./...~..=-. ~.: .4t.( .(~ ~ 19. ~'o ,../o.~ ~-, ./././....G.c:~../<.~..,,~.~.~;.:-,/.~ .......... .... /..; ....... /...,,..,, .o....~...L..~...... ~, .~ .....~ ..................... PLEASE TAKE NOTICE that your application dated ./.'.~,~"-.,:~.%4..~..(/.,~.~/..(...~. ...... ~.. .......... , 19.~?.'''~''/''' for permit te ,.a;~:~u~t (,,~ .a.;.~.....(/..~..~-.....at the premises located at ,~.,~ .44..(~.....~..~..~'~ ~- ........ .~..C~..~4 ........................... is Ma p..'.~'.~/.~.. ~'..... ;.~...ff.)..~7. ,.~.Y... Block ........ .~...~ ............................. Lot returned herewith and disapproved on the followlng grounds .~.x:./.,~x/./~.7.~'~.....~.,".~.d,.-'g~.~:~7..~...c.'c?'.Y~' / cz.z~.~c_x~....~..../:...;..~.../'...~..~...~.....~...~..~.....v.~ '~.....~...~.......t. ......... ~.....~,~'~ ...... ...... ~/~.9.~:~.(~.. .x7.~.`c ~.~ ~t.~...z~.:2.~.~....~..c.~./.m; ~..~...c....~:.~.~....~....~..~.~/.~/.~2~.c.~... ~ /c - ~l_~____ -. ./ ? ^ OT£ : YOUNG & YOUI',~G ~-00 OS[RAF~DER AVENUE, RtV[EHEAD, [~EW YORK SURVEY FOR: ~OS~H 6~ CZ~TO~IE~'KI, I~ o~