HomeMy WebLinkAbout1000-117.-8-6
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Town Hall, 53095 Main Road
P,O, Box 1179
Southold, New York 11971
TELEPHONE
(516) 765-1938
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PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
August 31, 1988
Kevin McLaughlin
P.O. Box 803
Greenport, NY 11944
RE: East Wind Corp.
SCTM #1000-117-8-6
Dear Mr. McLaughlin:
The following action was taken by the Southold Town
Planning Board on Tuesday, August 30, 1988.
RESOLVED that the Southold Town Planning Board authorize
the Chairman to endorse the survey dated April 18, 1987. This
site plan is located on King Street at Cutchogue.
The conditions of final approval are located on the map.
If you have any questions, please do not hesitate to
contact this office.
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1/ BENNETT ORLOWSKI; JR. ;.1
CHAIRMAN
cc: Building Department
Garrett Strang
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Town Hall, 530.95 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765.1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
July 27, 1988.
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Kevin McLaughlin
P.O. Box 80.3
Greenport, NY 11944
RE: East Wind Corp.
SCTM #10.0.0.-117-8-6
Dear Mr. McLaughlin:
The following action was taken by the Southold Town .'
Planning Board on Monday, July 25, 1988.
RESOLVED that the Southold Town Planning Board approve this
site plan on 21,430. sq. ft. located at New Suffolk subject to
satisfaction of the following conditions:
1. resolving the grading problem as shown on the marked map
received by the applicant at the July 25, 1988 meeting.
2. showing the location and grading of the of the
new curbing and concrete aprons relative to the existing
street. These locations and grading must be approved by
Raymend Jacobs, Superintendent of the Highway Department
prior to the issuance of any bUilding permits.
As discussed at the meeting, a floor plan will be submitted
with the Planning Board at the time a bUilding permit request is
filed with the Building Department.
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If ~ou have any questions, please do not hesitate to
contact this office.
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BENNETT ORLOWSKI,JR.
CHAIRMAN
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TOWN CLERK i
TOWN OF SOUTHOLD i
Suffolk CUWlty, New York 516 - 765-1801 N? 23120. I ~
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\ Gerard P. Goehringer, Chairman
.t. ~ Charles Grigonis, Jr.
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
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SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
BOARD, OF APPEALS
TOWN OF SOUTHOLD
September 16, 1991
William D. Moore, Esq.
Clause Corrunons
P.O. Box 23
Mattituck, NY 11952
Re: Application for East Wind Development Corp.
Dear Mr. Moore:
Almost a year has passed since the original notice of the
above application, which, as you know, has been deemed
incomplete for some time. For these reasons and the fact that
the Notice of Disapproval is outdated, the application has been
deadfiled, without prejudice to the filing of a new application
together with the required notices and all other dQcumentation,
updated accordingly. "
Very truly yours,
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Gerard P. Goehringer
Chairman
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Planning Board
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SEP I 6 1991 'U,
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PlANNING BOARD
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FORM NO.3
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TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
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NOTICE OF DISAPPROVAL
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PLEAS~TAKE NOTICE that your application dated . .9.~1 p..~~.. ~.<;f....., 19 .9.~ j~1819
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Location ofproperty . ~.~~. K"~. ~."!. ~~4..~... .~~..... .'f)._.~~...
. House No. \ Street r;~~/et
County Tax Map No. 1000 Section ...JJ 7. . . . . . . . Block .. Q .~ ~ . . . . . . . Lot . Q ./.p. . .. . .. . .
Subdivision. . . . . . . . . . . . . . . " Filed Map No. ,............... Lot No. .................
is return:d herewith and disapproved on the following grounds . '~n' . . ~
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Building Inspector ..
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PLANNING BOARD MEMBERS
Bennett Orlowski, Jr., Chairman
George Ritchie Latham, Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
SCOTT L. HARRIS
Supervisor
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
MEMORANDUM
FROM:
Gerard P. Goehringer, Chairman
Zoning Board of Appeals
Bennett Orlowski, Jr., Chairman 'DO. 0'(1$.
Site Plan for East Wind Corporation
King and Second Streets, New Suffolk
SCTM # 1000-117-08-06
TO:
RE:
DATE:
January 8, 1991
In answering the questions posed in your memorandum of
December 17, 1990, I first wish to emphasize that the Planning
Board does not have a policy or determination about interpreting
the specific sections of the Zoning Code which you are being
asked to interpret by the applicant.
Our understanding of the sections of the Zoning Code that
are referenced in your memorandum of December 17, 1990, is that
the Town Board's 1989 rezoning of the property made null and
void any approved site plan where the zoning designation
changed. If this is true, the only exception would be if the use
for which the site plan was approved remained an allowed use
under the new zoning district designation; and the bulk and area
restrictions remained unchanged.
The facts of the situation are:
1. The East Wind Corporation site plan was approved on
August 30, 1988. The zoning of the parcel at that time was "B"
Light Business.
2. On February 25, 1989, a new zoning map pursuant to
the Master Plan went into effect. The zone changed to "R-40"
residential.
3. The new zone does not allow the uses permitted by the
previous zone.
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4. The content of two previous decisions of your Board on
similar cases; specifically, pequash Commons and Jordan's
Partners, buttress the position that the site plan is no longer
valid.
Accordingly, a new site plan may be required for any
proposed use that is allowed within the "R-40" district, but
which also requires a site plan, as specified in Section 100-31
of the Zoning Ordinance.
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?corr L. HARRIS
Supervisor
APPEALS BOARD MEMBERS
Gerard p, Goehringer, Chairman
Charles Grigonis, Jr,
Serge Doyen. Jr,
Joseph H. Sawicki
James Dinizio, Jr,
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P,O, Box 1179
Southold. New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
ACTION OF THE BOARD OF APPEALS
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Appeal No. 3907 - Application of N::CHOLAS ALIANO.._.. ,'_
Variance to the Zoning Ordinance, Article III-&r-Section
100-30 A.2 to construct a retail/office complex. Proposed
construction is not permitted in this R-40 Zone District.
Property Location: 29950 Main Road, 30 Pequash Avenue,
Cutchogue, NY; County Tax Map District 1000, Section 102, Block
3, Lot 1.
WHEREAS, public hearings were held in the Matter of the
Application of NICHOLAS ALIANO under Appeal No. 3907; and
WHEREAS, at said hearings all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the fOllowing findings of fact:
1. This is an appeal of the January 5, 1990 Notice of
Disapproval in which an application dated January 4, 1990 was
considered by the Building Inspector to construct a retail
office complex and which was disapproved on the following
grounds:
"...Under Article III A (R-40 District), 100-30A.2,
proposed construction is not a permitted use in this district.
Action required by the Town Board (Zoning Change) or by the
Zoning Board of Appeals... ."
2. The premises in question consists of .860 acres, or
37,462 sq. ft. in area with 200 ft. frontage along the west side
of Pequash Avenue and 207.62 feet along the south side of State
Route 25 (Main Road) in the Hamlet of Cutchogue, Town of
Southold.
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Page 2 - Appeal No. 3907
Matter of NICHOLAS ALIANO
Decision Rendered June 27, 1990
3. The subject premises as of January 9, 1989 has been
situated in the R-40 Residential Zone District and is improved
with an existing one-story frame building having a total floor
area, inclusive of attached garage, of 1408+- sq. ft.
4. By this application, the appellant requests a Variance
for permission to construct new 1426 sq. ft. (One-story) masonry
building to be occupied by retail stores and commercial office
. uses, uses which are not permitted in this R-40 Zone District.
5. Certificates of Occupancy have been furnished for the
record indicating that on January 14, 1988 renovations were made
to an existing real estate office in an existing building (C.O.
#Z-16582) and that on August 2, 1973, Certificate of Occupancy
No. Z5343 was issued for a business building with apartment
(public garage).
6. Although the present use of the site has been
nonconforming in this R-40 Zone District since the January 9,
1989 Master Plan Zoning Revisions, the relief requested in this
application is not under the nonconforming sections of the code
and was applied for a variance under the "permitted use" section
of this R-40 Zone District.
7. For the record, it is noted that expansions,
enlargements, alterations or reconstruction of nonconforming
buildings and/or nonconforming uses are not permitted without
variances from the Board of Appeals (Section 100-243 of the
Zoning Code).
8. It is the position of the Board Members that the grant
of the subject variance under the present terminology and
definitions of the current zoning code is not appropriate.
9. In considering this application, the Board also finds
and determines:
(a) sufficient proof has not been demonstrated as
required by the statutes to show that: (1) the property cannot
yield a reasonable return with underlying facts in dollars and
cents proof; (2) the burden of proof of unnecessary hardship or
that literal application of the zoning ordinance would result in
unnecessary hardship has not been sUfficiently met (Otto v.
Steinhilber) ; ~(3) the use to be authorized will not alter
the essential character of the locality;
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Page 3 - Appeal No. 309
Matter of NICHOLAS ALIANO
Decision Rendered June 27, 1990
(b) the uses proposed are not permitted uses in this
zone district and will not be in harmony with the general
purposes and intent of the zoning ordinance;
(c) the current uses of the property and the zone
district regulations are not so restricted that the premises
could not be used for reasonable purposes;
(d) the circumstances and nature of the uses of the
property are unique;
(e) the property in question is centrally located in
the R-40 Residential Zone District and is not immediately
adjoined by any other zone district;
(f) this Board cannot under the semblance of a
variance exercise legislative powers.
Accordingly, on motion by Mr. Dinizio, seconded by Mr.
Grigonis, it was
RESOLVED, that the relief requested under Appl. No. 3907 in
the Matter of NICHOLAS ALIANO be and hereby is DENIED for the
reasons noted above.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Sawicki, and Dinizio. This resolution was duly adopted.
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GERARD P. GOEHRINGER /J'
CHAIRMAN 1/
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APPEALS BOARD MEMBERS
SCOTI L. HARRIS
Supervisor
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
Joseph H. Sawicki
James Dinizio, Jr.
Telephone (516) 765- I 809
BOARD OF APPEALS
TOWN OF SOUTHOLD
Town Hail, 53095 Main Road
P.O. Box 1179
Soulhold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
ACTION OF THE BOARD OF APPEALS
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Appeal No. 3915 - Application of JORDAN'S PARTNERS.
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Variance to the Zoning Ordinance, Article VII, Section
100-71, as disapproved, for permission to construct retail
stores in conjunction with office building uses; proposed
retail construction is not permitted in this RO Zone
District. Property Location: 1000 Main Street and
160 Main Road, Greenport, NY; County Tax Map District 1000,
Section 34, Block 2, Lot 1.
WHEREAS, public hearings were held in the Matter of the
Application of JORDAN'S PARTNERS under Appeal No. 3915; and
WHEREAS, at said hearings all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, Board Members have personally viewed and are
familiar with the premises in question, the physical
characteristics of the land, its present zoning, its previous
zoning classification(s), and the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. This is an appeal of the January 31, 1990 Notice of
Disapproval in which an application dated May 9, 1989 was
considered by the Building Inspector to construct office and
retail stores, which was disapproved on the following grounds:
"...Under Article VII, Section 100-71, proposed
construction is not a permitted use in this district.
Action required by the Zoning Board of Appeals... ."
2. The premises in question consists of 4.75+- acres with
frontages along three streets: (a) North Road (a/k/a State
Route 25) along the northerly end of the premises, (b) Main
Street (a/k/a State Route 25) along the westerly end of the
premises, and (c) Knapp Place (a town street) along a southerly
79.97 ft. portion which is situated in the Residential Zone
District, Hamlet of Greenport, Town of Southold.
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Page 2 - Appeal No. 3915
Matter of JORDAN'S PARTNERS
Decision Rendered October 17, 1990
3. Since January 9, 1989, most of the Subject premises
has been situated in the Residential-Office (RO) Zone District,
and only a small section (approximately .30 of an acre) has
been situated in the R-40 Residential Zone District. The entire
tract is vacant land, except for partially completed foundation
construction which includes footings and concrete wall extending
372.6 feet in an east-west direction.
4. Surrounded on its southerly and easterly boundaries are
residential communities in the R-40 Residential Zone District.
To the north are State Route 25, and to the north thereof a
preexisting restaurant located in the Limited Business (LB) Zone
District and residential communities in the R-40 Residential
Zone District. To the west are Main Street and residences in
residential use districts.
5. The following facts and events are additionally noted
for the record:
(a) On October 3, 1985, the Southold Town Board adopted a
moratorium concerning all business and industrial zone districts;
(b) On October 10, 1985, an application was pending before
the Southold Town Planning Board (referred to as "280 North
Road," applicant) and which was under a town-wide moratorium
affecting all business and industrial zone districts in the
pending "Master Plan Revisions";
(c) On October 22, 1985, the Town Board denied the
request of the applicant (by his attorney, John C. Tsunis, Esq.)
for the requested Waiver under the provisions of Local Law
#14-1985 for the reason that the uses proposed were
inconsistent with the proposed Residential-Office Zone
District provisions;
(d) It is apparent that during 1985 and 1986, and up until
January 9, 1989 (the date of adoption of the new zoning regula-
tions), the subject premises was being considered by the Town
for a change in the zoning use district to Residential-Office
(from B-Light Business). In the applications before the
Town Board and Planning Board during the period from 1984
through 1985, a site plan dated September 9, 1985 was filed
for an office mall area in excess of 12,000 sq. ft., together
with retail stores and bank facility. (See copy of site
plan on file with the Southold Town Clerk and Planning Board).
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Page 3 - Appl. No. 3915
Matter of JORDAN'S PARTNERS
Decision Rendered October 17, 1990
5. (e) Again, on January 13, 1986, John Tsunis, attorney for ~
the property owner, requested a second Waiver under the provisions
of the moratorium, and the record is clear, as is also shown in
the February 4, 1986 Town Board minutes and in its resolution
granting a waiver at the same meeting, that:
"...the applicant proposes to utilize the premises
to conform with the uses in a Residential-Office
Zone District...." (Emphasis added)
(f) Following the grant of the waiver to utilize the
premises to conform with the uses in a Residential-Office Zone
District, the applicant/property owner proceeded to make
amendments to the Planning Board under the site plan process.
(g) On June 23, 1986, the Planning Board adopted a resolu- ~
tion approving a site plan for the building and on-site changes.
It should be noted that although the Planning Board proceeded
under the site plan process, the Town Board waiver was strictly
for those uses which would conform to those in the Residentia1-
Office (RO) Zone District.
(h) It is noted for the record that the Planning Board is
and has always been without authority to consider a change of ~
use, change of zone, or use variances, and the proper forum for ~-
those requests are before the Town Board as a legislative agency
and/or Board of Appeals as a quasi-judicial agency.
(i) The applicant has also furnished the board with copies
of canceled checks, invoices, and a list of expenses which the
applicant asserts was expended during the course of this project.
The Board has evaluated the record and notes that the expenses
are not itemized and are without a clear breakdown for the total
claim, thus the Board questions the validity of some of these
claims, including real estate taxes on vacant land; fees for
consultants as well as attorney fees to review the town files
and represent the applicant in the proceeding before this
Board; certain expenses for real estate commissions
(which are normally paid by the seller rather than the
purchaser if the commissions were for the sale of the
premises); closing costs were not itemized; mortgage payments
with interest were claimed without specific time periods or any
breakdown as to how the figures were arrived at; the amount
given for the purchase of the land differs from that shown
in the Suffolk County real estate transfer records; insurance
expense was given without a breakdown as to type or coverage
or time periods covered; purpose of payment of corporate tax and
miscellaneous expenses was not provided; and the purpose of
incurring certain expenditures as a necessity in the process
to the extent charged is not provided.
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Page 4 - Appl. No. 3915
Matter of JORDAN'S PARTNERS
Decision Rendered October 17, 1990
6. At this juncture, it is noted that on May 18, 1989,
approximately 2-1/2 years after receiving final site-plan
approval, an application for a building permit was filed with
the Town Building Department.
7. On June 8, 1989 Building Permit No. 18187Z was issued
by the Building Inspector's Office for an "office and retail
store shopping center." At the time the building permit was
issued, retail stores in thE RO Zone District were not
-- allowed or permitted uses; and the building permit was
issued in error. Approximately three months later, the
footings and partial foundation construction was placed.
8. On November 30, 1989, a Stop Work Order was issued.
9. On January 31, 1990, this appeal application was filed
with the Office of the Board of Appeals and Town Clerk.
10. In addition to evaluating all documentation in
the Planning Board file, Town Clerk file, Assessors records,
County real estate records, and the Building Department
file, and documentation and testimony submitted in support
of the application, the board has also considered all
testimony and written material against the application, or
as otherwise presented by mail, in person or during the public
hearings. The public and the landowner were provided with full
opportunities to present their views.
11. Article VII, Section 100-71B, Residential-Office Use
regulations of the Zoning Code do authorize several uses
proposed in the applicant's site plan construction project, to
wit: professional offices and business offices, by Special
Exception by the Board of Appeals subiect to site plan
approval by the Planninq Board provided that not more
than one (1) use shall be allowed for each forty thousand
(40,000) square feet of lot area.
12. Article VII, Section 100-71B of the Residential-Office
(RO) does not, however, provide for retail stores or shops, and
certain retail uses are provided for in business zone districts
and then only as specified therein (i.e., Limited Business (LB),
Hamlet Business (HB), Business B, etc.)
13. In considering a use variance, the Court of Appeals has
set three requirements which must be clearly shown by the
evidence before the variance may be granted. First, that the
land cannot yield a reasonable return for allowable purposes;
second, the plight shall be due to unique circumstances and not
to the general conditions of the neighborhood which may reflect
the unreasonableness of the zoning ordinance; and third, that
the use sought by the variance will not alter the essential
character of the locality.
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Page 5 - Appl. No. 3915
Matter of JORDAN'S PARTNERS
Decision Rendered October 17, 1990
14. With reference to the first requirement, there is
no doubt that the property owner has offered proof of many
expenditures during the entire site plan process, with excep-
tions as noted in paragraph 5(i), supra. This board will not
question that large sums of monies have been expended, but it
is questionable as to whether the sums paid were properly
applied in "dollars and cents proof," and whether some of the
sums paid were to the same individuals.who sold the property
and those that purchased the property. It appears that
one individual seller was also the purchaser in the property
transfers. Therefore, sufficient proof has not been furnished
showing a "proportioned" sales price proportioning a
part of the financial loss in this project. Also, the
record does not disclose any other individuals or parties
which have had a financial interest in the property which
might affect the sales prices over the years.
15. With reference to the second requirement, the Board
finds that the property owner has not proven that the subject
premises could not be used for other uses under the same
provision of the Residential-Office Use regulations (100-71B);
i.e. 100% professional offices and business offices as
compared to the partial (15,000 sq. ft.) proposal in the subject
project. In fact, the property owner is proposing to use the
premises and proposed building for permitted office uses (by
Special Exception). Additionally, other uses which are also
authorized by Special Exception in this Residential-Office
(RO) Zone District are residential use, funeral home use,
art galleries, museums, libraries, wineries. It is noted
that within a few short blocks of the SUbject property there
is a hospital and professional office building. The record is
clear, by the maps, that office use is feasible for future
construction on this vacant parcel. Appellant in the Board's
view did not establish that the present investment was inadequate
for professional/business office use; and it is well known that
due to the conditions of the economy throughout the North Fork,
land values have depreciated. It should be noted that
many of the expenses paid may also be applied to
professional/business office mall uses," and the landowner
has not been deprived of his right to use the land as zoned.
(Gordon v. Town of Huntington, 1962, 230 N.Y. S2d 619).
A landowner who seeks a use variance must demonstrate
factually, by dollars and cents proof, an inability to
realize a reasonable return under existinq permissible uses,
and not, however, in foreseeable context. Conc1usory
testimony of a witness, unsupported and unsupplemented by
underlying concrete facts is not sufficient proof.
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Page 6 - Appl. No. 3915
Matter of JORDAN'S PARTNERS
Decision Rendered October 17, 1990
16. With reference to the third requirement, it is the
opinion of this Board that the essential character of the
locality will be altered. The locality consists mostly of
single-family residences, and there is one preexisting
restaurant.
17. In considering this application, the Board also finds
and determines:
(al sufficient proof has not been demonstrated as
required by the statutes to show that: (1) the property cannot
yield a reasonable return with underlying facts in dollars and
cents proof; (2) the burden of proof of unnecessary hardship or
that literal application of the zoning ordinance would result in
unnecessary hardship has not been sufficiently met (Otto v.
Steinhilber); (3) the use to be authorized will not alter
the essential character of the locality;
(bl the uses proposed are not permitted uses in this
zone district and will not be in harmony with the general
purposes and intent of the zoning ordinance;
(c) the current uses of the property and the zone
district regulations are not so restricted that the premises
could not be used for reasonable purposes;
(d) the Board does not dispute that the circumstances
and events which have taken place are unique;
(e) the property in question is centrally located in
center of other Residential Zone Districts, and although the
Residential-Office Zone District does permit office use as well
as residential use;
(f) this Board cannot under the semblance of a
variance exercise legislative powers;
(g) the denial of this use variance will not
cause a building to be destroyed or replaced since the
land is vacant with the exception of the foundation
wall/footings as mentioned previously;
(h) this variance may not be granted because the
applicant claims a higher return for retail uses rather than
office use or other uses authorized in this RO use district;
.'
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.)
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Page 7 - Appl. No. 3915
Matter of JORDAN'S PARTNERS
Decision Rendered October 17, 1990
(i) Good faith reliance on an invalid permit does not
automatically entitle the applicant to a variance {See Reiman v.
Welch, 112 AD2d 795, 492 NYS2d 295 (1985, 4th Dept.)};
(j) The issue of a use variance is not whether
the use as presently zoned is the most profitable use, but
merely whether that use will yield a reasonable return,
(see Bellanca v. Gates, 97 AD2d 971, 468 NYS2d 774 (1983,
4th Dept.), affd. 61 NYS 2d 878, 474 NYS2d 480, 462 NE2d 1198.)
(k) An application for a change of zone is not
without merit and has not been exhausted.
NOW, THEREFORE, on motion by Mr. Dinizio, seconded by
Mr. Goehringer, it was
RESOLVED, to DENY the relief requested in the Matter of the
Application of JORDAN'S PARTNERS under Appl. No. 3915, for the
reasons stated above.
Vote of the Board: Ayes:
Grigonis and Dinizio. (Member
resolution was duly adopted.
Messrs. Goehringer, Doyen,
Sawicki was absent.) This
"
"
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lk
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GERARD P. GOEHRINGER'~IRMAN
.
.
~<3>
INCLWldq' CD7lIfES_
"t!/( -iNS 10/:1-7
VS
APPEALS BOARD MEMBERS
SCOTI L. HARRIS
Supervisor
Gerard P. Goehringer. Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
James Dinizio, Jr.
BOARD OF APPEALS
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Telephone (516) 765-1809
INTER-DEPARTMENTAL MEMORANDUM
TO: Planning Board
Attention: Bob Kassner or Valerie Scopaz
FROM: Board of Appeals ~
DATE: December 17, 1990
SUBJECT: Site Plan Application - 1000-117-08-006
Our File Reference East Wind Development Corp.
As you may know, we have an application pending at this time
concerning "activation of the site plan as approved by the
Planning Board" by way of an interpretation under Section
100-255 of the Zoning Code.
It is necessary to receive from you a written confirmation as to
whether or not the above site plan is in effect at this time and
valid, and to confirm your Board's policy/determination as to
the changed circumstances in the re-zoning of this property to
R-40 on January 9, 1989 by the Southold Town Board and! its
effects on the site plan approval. Please note subsection B of
Section 100-255, which reads as follows:
"B. All site plans which have received final
approval prior to the enactment of this
Article shall remain valid for a period of
three (3) years from the date of such
enactment. This period will begin when
all governmental approvals have been
obtained,"
and also address the following:
1. Does the Planning Board deem its August 1, 1988 approved
conditional site-plan map to be valid and in effect at this
time, in lieu of the changes under the new Master Plan Revisions
adopted 1/9/89?
To:
From:
Date:
SUbject:
Planning Board
Board of Appeals
December 18, 1990
East Wind Development Corp.
1000-117-08-006
2. If the August 1, 1988 approved conditional site plan plan is
not valid at this time, would it be normal for the Planning
Board to consider a new site plan based on the new zoning
district and new site plan regulations, and would the Planning
Board consider the 1988 approval void in its entirety?
3. If the 1988 site plan approval is not null and void, to what
extent is the site plan map valid (or in the alternative, what
areas would the site plan map be permitted to be activated)?
Since this is a legal matter under quasi-judicial review by our
board at this time, we must ask that you please limit your
response to the actions or policy decisions made by the Planning
Board concerning the site plan above-referred at this time, and
whether or not the site plan is "in effect" {regardless of the
new zoning district}.
Please note that we will also be coordinating comments from the
Planning Board at a later date once the file is accepted in
complete form and processed. The file at this time before us
is incomplete and has been temporarily tabled.
For your information, the property at the present time is
nonconforming in several respects in this R-40 Zone District,
which are findings considered by the Z.B.A. before and after the
public hearing as part of our normal review process.
Thank you for your cooperation.
~
'< ____.....-,_.........,.._c
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, FORM NO.3
.......
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TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
/
y.' . Date ...A.h:~~~...~......19.'t.~..
Tol~.~~.....~~"r..W~ ~r'
..~9~.1.-a.?-:-?:-:. ................ ..'
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PLEAS.!' TAKE NOTICE that your application dated . .C.~ll'.~~.. ~.1f....., 19 .9.,?/ j~Ja'\<
f"~~,,~ ..:~,. Xf)"", ~.<t. ~?~..-:;
Location of Property . ,.~~ .I\~. ~."f. ~~4..~... .~~..... .'n._.~~...
. House No. \ . Street ~~n;"let
County Tax Map No. 1000 Section ...U 7. . . . . . . . Block .. Q .~ . . . . . . . . Lot . 0.1.,.. . . . . . . . .
Subdivision. . . . . . . . . . . . . . . .. Filed Map No. ,............... Lot No. ........,........
is return~d herewith and disapproved on the following grounds . '~n' . . ~
l~'\..+;o...~..~~..~~.~..~~...~..
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~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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RV 1/80
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TOWN OF SOUTH OLD. NEW YORK
....-,.,
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO. 3 cp '1 Cf
DATE ~1-.:.~.;:-.:2!?.........
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, (We) Ea.s t. ..Wi.nd...De.ve.lopAlGmt. ..COI;P..' .of .:/.2J...Mi.dd.le..,Co.un.tz;'{...R.<aad...................
Nome of Appelrollt Street and Number
.. .:;im~t.!)..t9.WP.. ........................................ ... ..... .... .... .. ....... ...
Municipality
.......MX................HEREBY APPEAL TO
State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. .................................... DATED ......Q.9.t!??~E...?~.(...~.~.~.q........:.
WHEREBY THE BUILDING INSPECTOR DENIED TO
John DeReede.r...a/c:...Eas;t...W.ind..D.elTe.loprn.en.t..Co;r;p.
Nome of Applicant for permit
of
E'...Q.....a.Qx..J..3.22.....M.at.ti.tuc.kJ~,....... ............................f1X.............................
Street ond Number Municipolity State
) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
(X) Building Permit for site plan approved 8/1/88
1. LOCATION OF THE PROPERTY K.:i,ng...s.t~.r...s;ec.qoo...,c;;t..T:rlaiJ:.d..St.../N.ew...SUff.olk/ R-40
Street {Hamlet Use District on Zoning Map
.~.~.~.~:..~~.~...~.~??..~~.:.:.~.~.~...~.~~.~.~.:.~.~.~..~.~.~..~.~...Current Owner East Wind Development Corp.
Mop No. Lot No. Pri or Owner Jeffrey & Ann Hunter
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.)
Article xxv Section 100-255
J. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box)
( A VARIANCE to the Zoning Ordinance or Zoning Map
( A VARIANCE due to lock of access (State of New York Town Low Chop. 62 Cons. Lows
Art. 16 Sec. 280A Subsection J
(xl Interoretation to nvprrirlp rlpni~l of hllilrlinQ p~rmit
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 0 special permit
( ) request for 0 variance
and was mode in Appeal No. ...............'::................Dated
......................................................................
REASON FOR APPEAL
) A Variance to Section 280A Subsection J
( ) A Variance to the Zoning Ordinance
(x~ Interpretation of Section 100-255 of the Zoning Ordinance
,
is requested for the reason that
owner received site plan approval on August 1, 1988 for an alteration of
an existing commercial building in what was formerly zoned BLight
Business in the pre-1989 zoning ordinance and map. The property was
rezoned to R-40 with the new' zoning map on January 10. 1989.\ In spite of
section 100-255 of the zoning ordinance which provides a. 3 year period to
I'erform the work approved on the site plan, the building\deRak-tlment has
Form ZBl (Continue on other side) ',' .. \ \
disapproved an application to perform work approved on the site.plan on
the grounds that the zoning has been changed as described above. It is
respectfully requested that' thiE's'l~bar,d reverse the determination of the
Building Department -and provide ai'l1'rn'terpr~.t;it;r(m authorizing issuance
of the building permits to perform/the approved site plan improvements.
'f, ", d....' '-," !";,
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REASON FOR APPEAL
Continued
"
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because
Not Applicable
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
Not Applicable
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
Not Applicable
STATE OF NEW YORK )
) ss
COUNTY OF SUFFOLK)
./
..........:.~~..............
Signature
, agent for owner
cembeJ:.............................. 1990
John
''''" '0' ;, . ..J/lf:ww do, 0'... n
Notary PublIc
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. ..M" MQOM
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c 4832 ...
,hed in Suffaiii CDUiiIIr
.... "'.'on EKpirea........, If. ,_
WIWAM D. MOORE
'**" Ptlbllc. State of New YDIt
No. 4832728
...._ au.'1ffed In Suffolk County __
.......ml8slon Expires January 31,~
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The fallowing action was taken by the Southold Town
Planning Board on Monday, July 25, 1988.
. RESOLVED that the Southold Town Planning Board approve this
Slt7 plan.on 21,430 sq. ft. 19cated at New Suffolk subject to
satlsfactlon of the fOllowing conditions:
1. resolving the grading problem as shown on the marked map
received by the applicant at the July 25, 1988 meeting.
2. showing the location and grading of the of the
new curbing and concrete aprons relative to the existing
street. These locations and grading must be approved by
Ra~end Jacob~, Superintendent of the Highway Department
prlor to the lSSuance of any building permits.
As discussed at the meeting a
with the Planning Board at the time
filed with the Building Department.
floor plan will be submitted
a building permit request is
NOlL
Thl.!. .s I T'E, P......AJ \VA!, rf2tE PA.iLF'J \V /7'J/
/A;rOI2^\A7"OI.J TA I< cAJ ,c-/',,) O^\ ,t, .!o<J....W;1
^\.A",~ By Y e:. (nU <; c; Y.c.UM::j , L- ICE "'J.j 1:1.0
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AUG - 1/988 I
...
.
.
GARRETT A. STRANG
ARCHITECT
MAIN ROAD. P. O. BOX 1412
SOUTHOLD, NEW YORK 11971
5 t 6~ 765-5455
.July 79, 1988
m&~aw~:i~
AUG - I 1988 l.0
Mr. Bennett Orlowski, Chairman
SOllLhold Town Planning Soard
11il i n ROild
Southold, New York, 1I97L
.:
'\ ~
I ('~I~
Re: Appl ication of J .R. .'\ttonito, Premises
Second Street, New Suffolk (East lJind Corp.)
Dear 1Ir. Orlm/ski:
I have enclosed herewith, f{)r your
(6) cODies of the site plan for the
Drojeet.
endorsement, six
a:Jove refE~rcnced
Yeu will not the plan has been amended in eom~lianee
with the hoards comments and annot~ted print returlled to
mc at the meeting of Julv 25th.
HO'dcver,
ehan'Jcs:
I would
like to COfnn.ent on the followinq
1. The changes in the site cleviltions of the
PQrkinq area differ than tl10SC noted on the
print returned to me. I believe you will find
the revised pitch to ;:)e acceptclhl~' however,
inosmuch as it docs not exce8d G% in the worst
ca~e..
2. The nole reqarding a railinq ot st3irs 21o~q
tile Nortllerly sidewalk is inappropri0te
given the fact there will lJe no steps l~ut i)
rOOD in the sidewalk providinq handicApped
3CCCSS.
If there are any questions, please contact ~i office
otherwise please forward the endorsed copy of the Site
Plan 0t your earliest convenience.
\/ery truJy
~/o-
yours,
~/
C~"'---- /~&C~.:.:::..__..
-~
CJrrctt l\.
Strcn~), H.I\.
G\S/c
Ene.
cc; r1r. Kevin r~cLaIJlI1]in, Esq.
i'~r. .Jos'Dph Attonito
"
.
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c/-. .....7l~n, Jll
ATTORNEY AT LA
828 FRONT STRBJo:T, I~ o. BOX 803
GHBENPORT. NY 11944
15161477.1016
April 19, 1988
Re: East Wind Development Corp.
Valerie Scopaz
Southold Town Planner
Southo1d Town Hall
Main Road
Southo1d, New York 11971
Dear Ms. Scopaz:
Pursuant to our recent meeting, I have requested that
Garrett Strang forward to you elevation drawings in connection with
the above-referenced site plan application. Additionally, we will
forward to you a floor plan for the existing second story apartment,
along with a statement of the intended uses of the building and the
respective square footage for each use.
Upon receipt of the above information, it is my under-
standing that the Planning Board will be in a position to finalize
its review of this application.
JKM/ lmt I
cc: Garrett Strang
Joseph Attonito
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ATTORNEY AT~..........-rv
828 FRONT STREET. P. O. BOX 803
GREENPORT, NY 11944
(516) 477-1016
iln..
SOUTHOLO TOWN
PLANNING BOARO
April 19, 1988
Valerie Scopaz
Southold Town Planner
Southold Town Hall
Main Road
Southold, New York 11971
Re: East Wind Development Corp.
Dear Ms. Scopaz:
Pursuant to our recent"meeting, I have requested that
Garrett Strang forward to you elevation drawings in connection with
the above-referenced site plan application. Additionally, we will
forward to you a floor plan for the existing second story apartment,
along with a statement of the intended uses of the building and the
respective square footage for each use.
Upon receipt of the above information, it is my under-
standing that the Planning Board will be in a position to finalize
its review of this application.
JKM/ lmt
cc: Garrett Strang
Joseph Attonito
<
D
Southold, N.Y. 11971
(516) 765-191 -I
Av,; \ !l 1(,11
NEGATIVE DECLARATION
Pursuant to Article 8 of the Environmental Conservation Law
State Environmental Quality Review Act and 6NYCRR part 617,
Section 617, Section 617.10 and chapter 44 of the Code of the
Town of Southold, notice is hereby given that Southold Town
Planning Board, as lead agency for the action described below
has determined that the project will not have a significant
effect on the environment.
DESCRIPTION OF ACTION
The site plan of East Wind Corp. is for 21,430 sq. ft.
located at New Suffolk.
The project has been determined not to have a significant
effect on the environment for the following reasons:
An environmental assessment has been submitted which
indicated that no significant adverse effects to the
environment were likely to occur should the project be
implemented as planned.
Because there has been no correspondence received from the
Suffolk County Department of Health Services in the alotted
time, it is assumed that there are no comments or
objections from that agency.
Because there has been no correspondence received from the
NY State Department of Environmental Conservation in the
alotted time, it is assumed that there are no comments or
objections from that agency.
The project ~ill meet all the requirements of the Code of
the Town of southold Subdivision of Land Regulations.
Further information can be obtained by contacting Jill M.
Thorp, Secretary Southold Town Planning Board, Main Road,
Southold, NY 11971.
.
.' --'-.;.61'" /
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Southold. N. Y. 11971
(516) 765-1938
February 5, 1988
Garrett A. Strang
P.O. Box 1412
Southold, NY 11971
RE: East Wind
Dear Mr, Strang:
The following action was taken by the Southold Town Planning
Board, Monday, January 25, 1988.
RESOLVED that the Southold Town Planning Board send the site plan
of East Wind to the Building Department for certification, The plan is
for alterations to existing building for retail department store located
at New Suffolk.
Please contact this office if you have any questions.
Very truly yours,
P-~' W~~r 9/,.::;
BENNETT ORLOWSKI, JR. CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
cc:. Building Department
BO/jd
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Southold. N, Y, 11971
(516) 765-1938
January 27, 1988
.
Garrett A. Strang
P.O. Box 1412
Southold, NY 11971
Dear Mr. Strang:
On January 25th, the Planning Board moved to forward the site plan
to the Building Department for certification. Notification of same will
be forthcoming.
However, the elevation drawings and floor plans which were to be
sent under separate cover, as per your letter of December 17, 1987,
have not been received.
Before the Planning Board can proceed further, these items must
be submitted for review.
Sincerely,
~~::~;e'~
Town Planner
cc: Joseph Attonito
~~,u
.
.
GARRETT A. STRANG
ARCHITECT
MAIN ROAD, P. O. BOX 1412
50UTHOLD, NEW YORK 11971
516-765.5455
DeCPMrH:::r 17, lS87
!'Jr. R(~nn':~tt Orlow~,ki, Chairmar'
S(~llthold Town PJannin~J Bn~':Inl
:lc1in I~oa.J
SOllthc)ld, :~cw York, 11971
Re: '\;J;,licati('In of: J.P. 7\ttonito, Prr::'fT1i~,'?s
:;econd Street, 1"ow Suffolk (F,ast \iind C0r".)
;)C2r ;"lr. Orlow~ki ,1.nd ~:ler:1t)(~rs (Yl the B03.rrl:
I huve enclosed herewith. for your
copies of the site n18r anended as ncr
donee fran ~'s. Scopa7., (Jf 'lour office,
'I, ] 91\7.
review, six (0)
t~1:2 co~-:-re,3D(1n.-
elated SC'ptcrf;cr
l\lJ the inf"ormDtio!1 you hZ1VC r(~quc~tc:d fror:l the 0urvcyor
has hcon o~toincd and in now sllown on the Site Plan. In
~ddition 1 h~va i'clu(j~d D copy of tllQ lJpctated survc'l
[or vour records.
T '-E'snectflllJy rcq\Jcst this np9Jication he schcciulcrl
for putlic hc~rina 03 coon as no~sitlc. Pl2~cc note the
~uildinG fIcor p13ns and clcvntior drawinqs wil.] he for-
warded uflder sep0r~te cClver.
If YOIl have' any additional C1ucstion:-; nlc;:l.sc COl-,tact. f:lV
office.
\]E~rv t ru 1"
. ...-
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yours, /'
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G~rr0tt A. Stra~0, J~.^.
GAS/q
cc: ~:r. :JoscDh Altanite.
i)'.._.'\'~~ BY
LL .>:' " C.I
SOUil'~~J .c.. 'u, 2iJARD
--Dl.~I.,J~87
.....
GAil:
T
.
D
LD
y
Southold, N.Y. 11971
(516) 765-1938
September 4, 1987
Mr. Garrett Strang
P.O. Box 1412
Southold, New York 11971
Re: Proposed Site Plan
East Wind Corp.
S/e/c King and Third Streets,
New Suffolk
SCTM# 1000-117-8-6
Dear Mr. Strang:
As per our meeting yesterday, I've enclosed a copy of the elements
which should be shown on the revised site plan.
Sincerely,
~$
Town Planner
-
/' ~ -'t.~ V;Nh.;?~__'
ATI'ORNi~:;~-"
828 FRONT STREET, P. O. BOX 803
GREENPORT. NY 11944
(516) 477-1016
t~
( Li
August 12, 1987
Valerie Scopaz, Town Planner
Southold Town Hall
Main Road
Southold, New York 11971
Re: Site Plan for East Wind Building Corp.
Dear Ms. Scopaz:
I am the local counsel for East Wind Building Corp.
regarding site plan approval for its property located at 950
Second Street and 600 King Street, New Suffolk, New York.
I was disappointed to learn that your appointment with
Garrett Strang for August 6, 1987, to review this site plan was
cancelled. Apparently, the appointment was cancelled because a
field inspection of the property has not yet been made.
This site plan was initially received by the Planning
Board on June 8, 1987. By letter to Mr. Strang dated July 2,
1987, the Planning Board made recommendations for changes to the
site plan. It seems odd that the Planning Board would recommend
changes .without a field inspection and then not be in a position
to discuss these recommendations without a field inspection.
Please let me know how I can assist you and the Planning
Board in your consideration of this site plan. I look forward to
hearing from you at your earliest convenience so that we may pro-
ceed expeditiously with this application.
.
f/J'
JKM/lg .
cc: Southold Town p~anning Boa /'., /
_ Joseph R. Attonl.to, Esq. ...
~
RECEIVED BY
S1JUTHOLD TOWN PLANNING BOARO
AVG 1 ;; 1q87
DAre ........'--<;.;;,-'- --
.~
~' GARRETT A, STRANG
\ ARCHITECT
.
~ECE:1/n, "V
SOUTHGl~ lu' ,,' " u,
/lU ','" I V,, ',. j, r;nlnD
,.., '" ...... lji)rli\
, C70F~":
',D n;.... -
MAIN ROAD, . O. BOX 1412
50UTHOLD, NEW YORK 11971
516.765-5455
August 5, 1987
Hr. Bennett Orlowski, Chairman
Southold Town Planning Board
Main Road
Southold, New York 11971
Re: Application of J. R. Attonito, Premises,
Second Street, New Suffolk
Dear Mr. Orlowski and Members of the Board:
I have been advised by Valerie Scopaz, of your de-
partment, that a meeting scheduled for today, had
to be cancelled, due to the fact that the Board has
not as yet made their field inspection of the above
premises.
Inasmuch as the Site Plan application was made on
June 19th, I would appreciate the Board's concerted
effort in making this necessary inspection, so that
the application process can proceed in a timely
fashion.
Thank you for your courtesy and cooperation.
Very truly yours,
GAS/b
A. Strang, R.A.
/
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ENVIRONMENTAL ASSESSMENT - PAll,T r.RECE'vr:;~ .ru.~
~UTHpUJ. J ' '!' ''''Y- -0 -~i
PROJECT It{FORHATION JuN'1~".19$~n
~; .
. _. . ... J)A"iE-:-- ~ ~
r."-' This ~c~.ent is desianed to nsi!t: in det2:~nh9 '.nec:"::!:r ~-:e lc:ioR ~ro;:05rJ -nay ~a'V... :4:gnfricanc
~..;;:. ~n tne I"V1renment. Plets. c;l=le~1 t::e ~ntir. J~~l She'll:. MS"."':O ~:-:es~ .;uestl~ns ..1 ~l ~. c:~nslaer~d
:S' .,.~ of ';". aopl iC.lClOn fo,. iporav&1 tnd. may ~. suoj'K": t~ i"-Jrtner 'Iertfic.lt~an 1I1d ;Juollc nVlew. Prov1C1e
lIlyatl4iCiOnal Into....cion you 0.11... "HI ~e nleeK :0 c:r.ollcl ~ART1 Z .no 3.
;: Is UOIC:I.s CIIat ::moiecion of t.~1 OAF ,.ill be dIPlne..,>: on Informuian cu.....ncl.' ..al1oDI" .nd '.ill nac
~n.,oh. ~eM s:,",~es. rIS..r:., or fnvest1q4t1an. tf tnl"Q~1:1on l""IGut ring such !ddt~iona I ':.Iork f s~unay~:13o Ie.
N tnfltcnl _ sOlcify tiC.' Ins.uncI.
(
-TOWN
OF SOUTHOLD
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'lolI'E 1~O ..CCR::SS ~F nl/HER I [f Ql f~.nncl
--,..: -:-"", ''-'''''Ba:~t-W'i:f1a "c6-tj;,';-':B'1dg:
Joseph R. Attonito
(:I...a I
227' Middle Country Road
t:atr~ec:
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AOO~E!; 1no ~~~E OF '~D~!~~~T:
Garrett A. Strang, Architect
(;i.ua:
Smithtown, N.Y. 11787
(,1.;J~} {Statal.
>US1ME~ ~HQ:IE; , 516-265-8500
l~:~1
....Jlta'in "R'aad",:' P. 6 .'Jrox .-1412
(~'n=';
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Southold, New York 11971
[",').; lSucal \41~1
O~;~RI~r!o~ OF '.OJE~7: (Sri.fly dtlcr'b. tYPI of ~"'J'c: ~r aC:1.n)
Al teration of ex'isting building, former ly a supermarket.,
to accommodate a retail department store.
(~~S, ~~P~Ei~ EA~~ ~U.Si,J~ . !ndjc~t. ~.A.
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If noc lo.llc~ol~l
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(~~1'tc:' iat:~n; flf OYI~'1 proJ~c:. both dl'eloc~ .nd _~de.elcaed Ir..s)
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1. Gdner!1 ~'arac~lr ,f ~~e 14ftd: r.ine~ailt unif~~ slaae
x
Gineraily ~I.en and rolling ~r.lrro9ular
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~. :-ar:sanc !ana J1': :Jre.n . [ndus:r'tal
"':.:......: :..":'t....... _, A9~1cultu" _, 1)'Co-'er
J. ;oc~1 ocr~.ql of ~roJIC: .roo: 0.5 acro.;
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Ccmerc~AI -L, SlIauroan~. ~u:':l'_. 'For!!s~
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Aporo.xi:wca JC~3.CJe:
~e~~'w or ~rusnlQnd
:tresencl;- Af':ar 'ompI4t~on
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~re$ent:1 Aftar ~cmal.t1~
FQr~s tiC
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UnV!~~t3t~1 ~~cx.
..r:~ ~r fill: ~!C~~S
o tcr-c:
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rf:!i 11 :~~ lr~":~!!s
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~. dh~: 't 1r~~Cm~nJn~ SOli tY~4(S) 1" ,ro:~~ i~~!:
N/A
5. .c. Ar~~ ~~~~~ ',ecl"":c:< :uc:~:;)t:1:)s :n 2r-:1j~o:-: s::!? _1U ~'Ia
3. .~lt Is ~!,t~ ~~ :ed~cx?
N/A
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6. Ap~ro.il"..te ~erc.nt.se of Proposed project sice with slopes: 0.10: l.QQ..:: 10-15: _____':; 15: or
gretter _";. .
7. Is project contiguous to. or contain a building or site listed on the Hational Register of Historic
Places? 'es X No
- -
8. lIhit 1s tile daptll to tile water tablel 15 feet
. -
9. 09 hunting or fishing opportunities presantly exist in the project ar.a? _Yes ~Io
10. Ooes project site contain any sp~ci.s of plant or animal llf. that 1s Id.nt1fied as thr~!tened or
endancered - ______yes ~Ia. "carding to . Identify each species
11. Are ~~ere any unique or unusual land foros on tho project sita? (i.e. cliffS. dunes, ather geologica
fOl'lllltions - _res -2L.No. .(Describe
12. Is tile project site presently used by the ca~nity or neighborhood as .n open s~ce or'recreat10n
.na . _Yes -LNa. '.. . . . :. .
,
13. Ooes the present sHe offer or include scenic views or vistas known to be important to ,the C'OlIIlIUnityl
_'es -2L-No .
14. Str.lIIS within or contiguous to project .rea:
l<I/A. .
a. Har.e of stre.m and name of rher to which It 1s trlbucary
I.
i
15. Lakes, Ponds. Wetland areas within or contiguous to project area:
a. N4lI'.e
N/A
l'h. Size (in acres)
16. What is the dominant land use and zoning classification within a 1/4 mile radius of tile project (e.g~
single family residential, R-2) and tile scale of development (e.g. ~ story), Singl'e Family
Res{dentia~, A~Residential, l~story
"'8. PROJECT D~SCRli'Tlal' '.
1. Phystcal dicensions and scale of project (fill In dimensions as appropriate)
D."
a. Total cont1guaus acreage owned by project sponsor
acres.
Project acreage d.veloped: .ll..:..2.. acres .initially; ..Q..:.2acres ultllll4tely.
..
Project acreage to remain undeveloped D .'
p; ,.. ,.;. ~
Length of project. In miles:, (If appr-opriate)
If project 1s an expansion of existing. indicate ~ercent of expansion proposed: bUilding square fcot
age, l developed acreage . / A . ,',
NUll"ber of aff-st~t parking spaces existing 3.; proposed 26'
."
Maximum vehicular trips generated per hour
6
(upon completion of project)
If nsid~ncial: liUt.lller and type a~ housing units: N/A
One 'Family Two Family Multiple Family
Condominium
Ini tial
i".; '.
.....0:.
Ul t im~te
f. If: OriencHion
liei~h~or~oad'C'tl'~egionaJ
Co!lT:ircia I X
Indus tri a I
J. Tat.l height of tallest Propoud 1tructllre _~_feet.
" +
Es t il1lol ted Emp 1 oymen t
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How auch nlturJI mJteriel (t.l. rock, eerth, etc.) will ~e r.~~..d from the sit. _
o
tons
..
... 7.
3. How ..ny ICMlS of v~getltlon (trees. shrubs, groun~ covers) will be removed
'4. Will Iny...ture forest tover 100 y..rs old) or other loclllY-"'~orUnt ve~.tltlon be removed by this
project! _Yes --..1'10 ,
5. ~. th.r. eny pI... for ..-v.~.tltlon to rlplece thlt rev~ved during construction! ~Yes ______Ho
If .Ingl. phiS' projlct: Antlclplted periOd of canstructlon ~Donths. (Including demolition).
" .
(.f aul tf-ph"ed projlct: e. TGtll nllllber of phl"s entlclpltld "':-Ho.
b. Antlclplted dlte of coomence~nt phasl I ~nth -----year (Including
~lltion) ,------ , '
o cubic ~Ir
frOl:l site - :..!2...acres:
-..."
.
I.
-
, -
10.
11.
Co ApproxllUtl complatlon dlta fln41 phIS' t".onth --year.
d. Is phis. 1 flnlnclllly d.p.ncent on subsequlnt phlsas? ,-=---,VIS ______H
I. Will bllstlng ac~~r during constr~ctlon? YIS X Ho
- ------
,. IIUIIIlllr .of Jobs glnerated: du~ng construCtion -L: .ftlr project h colllplltl ~.
Hur.lllr of jobs IlImlnlted by this project O. .
-
11111 project rlqulre relocltlon of &n~ projects Or flCllltlls? _Yes 2Jto. If ~IS, explain:
....
.'.... ....
12.
I. Is surflCI .or SubSUrflCI liquid W..tl dls~osll Involvld?
X Yes
-
_No.
.
b. If yes, Indlclte tYPI of IIlSt. (Slwlge, Industrlll. ItC.) Sewage
,
c. Jf surface disposal n.... of stree.. Into which Iffluent will be dlschlr;ed
13. lIill surfacI are. of 1.lstlng likes, ponds. stre~s, blYs or o~~er surfica witlr~IYS be Increased .or
decrlised by proposll? _YIS _HG.
14. Is proJect, or iny portion .of project lOCAted In thl 100 Yltr flood plain? 2....Ves _Ho
15. I. Ooes project In.ol'l disposal of solid wlste! ~YIS _____Ho
b. If yes. will In uhting solld WlSte disposal flclllty be used? -!:.-YI$ _No
C. If yes, give n...e:Southciid Landfill; locltlon Cutchogu'e'
16.
.
d. 1I111..y wlstes not go Into I Slwlge dls~osll syste.. or Into a sanitAry landfill? -!-..-Yes
11111 project use her~lcides or peSticides! _Yes ~'o
X no
-
17. 11111 project routinely produce cdors' (more thin one hour per dlY)? _Yes 2-Ho
18. lIill project produce operating noise exceeding the local er.bfence noise levels? _Yes X No
-
19. 11111 project resul~ In an lncretse In energy use? _Yes ~Ho. If yes, IndiCAte type(s)
20. If weter supply Is fra~ wells IndiCAte pu~~ing C!Plctty
ZI. Toul antlclplt,~ wlter usage ~e,. dlY __1 00 qals/dJY.
ZZ. Zaning: .. :/h.c Is dCClinant ':onlng cl,ssiflc:ticn of sit., "B"-Light Business
8 gals/minute.
b. Curront s;eclffc :onir.~ clJssificHion of si:e
Same
c. rs prr:PQud use C:"I is::~nt wi t~ .,reilnt %onin91
Yes
d. If no, IncICH! desired lonins
,',
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....
.
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26. Approvlls: I.
~~o
Is Iny Federll permit reG"'red? ______'IS
-,
-,
. .
b. Does project Involve State or Federsl funding or flnlnclng1 ______'es ~No
c. Loc.l..d Regionll approvals:
. ApprovII Reeuired
(Yes, 110) (Type I
. I
City, Town, Villlge Board
C\ty, Town, Village Planning Soard
City, Town, Zoning Board
City, County Health OeplrtMant
Other loc~l agencies
Other regional agencies
'. State Agencies
Federll Agencies
N
-y- !:;~te Plan
r:r
-r- ~anlt:,ary
+
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C. INFOR.'1ATIlllW. DETAILS
..
Submit ta 1
(Dace)
b/ 1,,/~7
~/ 1~/87
"-.
Approval
(OHel
Att~ch any additional lnfanoatlan.as ~~y ~e needed ta clarify your praject. If there are ar may be any
Idverse tm~acts associated with the proposal, plea.e discuss such imp4Cts and the measures whlcn can be
take" to mitigate or avald the., /' .
>":~~ 4;/2.
'WARER'S SIG:l.\TURE:
. . TlTI.E:
REi'FJ:S..~TIIlG:
, DATE:
I Garrett A. Stranq, Architect
JOseph Attonito - owner
June 19, 1~87
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MEMORANDUM
TO:
FROM:
..FILE
Valerie Scopaz, Town Planner
RE: Site plan - East Wind Corp. S/e/c of King and Third Streets, New Suffolk 1000-117~8
DATE: September 3, 1987
The above referenced site plan was reviewed by the Planning Board in the field.
The following intormation should be shown on a revised plan:
1. Show location of existing paving, curbing and sidewalks on Third,
King and Second Streets relative to the subject property lines.
2. Show addition of curbing and sidewalk along King Street. Replace
steps on Second Street with curb and landscaping.
3. Show landscaping elements as follows:
A. Street trees along all street frontages, 40 to 50 feet. apart.
B.. Show two existing large trees on northwest corner of lot as being
-retained within a landscaped exit from the parking lot.
C. Show landscaping along the entire southerly property line and
along the south side of the existing structure.
4. Redesign parking area as follows:
A. Access to site from Second Street shall be marked for. ingress
only.
B. Access from site to King Street shall be marked for egress only.
C. All parking spaces shall be angled.
D. In~lude a low fence between parking and street along ~hird Street.
~~ will ~ t4<~ -t .;' A.t.jiG ~~ tte~6)
Show I cation of dumpster for proposed retail use. Indicate screenage
for same.
5.
6.
Include existing and proposed topography and elevations
7.
Show proposed on -site drainage and calculations for same.
8.
Elevation drawings and floor plans.
9.
Proposed signage.
10.. Site data should indicate square footage for each proposed use
including the apartment.
.
/' ~ L~~Nn.f~A"
A1TORNi~;;:T~-'.
828 FRONT STREET. P. O. BOX 808
GREENPORT, NY 11944
(516) 477-1016
.
August 12, 1987
Valerie Scopaz, Town Planner
Southold Town Hall
Main Road
Southold, New York 11971
Re: Site Plan for East Wind Building Corp.
Dear Ms. Scopaz:
I am the local counsel for East Wind Building Corp.
regarding site plan approval for its property located at 950
Second Street and 600 King Street, New Suffolk, New York.
I was disappointed to learn that your appointment with
Garrett Strang for August 6, 1987, to review this site plan was
cancelled. Apparently, the appointment was cancelled because a
field inspection of the property has not yet been made.
This site plan was initially received by the Planning
Board on June 8, 1987. By letter to Mr. Strang dated July 2,
1987, the Planning Board made recommendations for changes to the
site plan. It seems odd that the Planning Board would recommend
changes without a field inspection and then not be in a position
to discuss these recommendations without a field inspection.
Please let me know how I can assist you and the Planning
Board in your consideration of this site plan. I look forward to
hearing from you at your earliest convenience so that we may pro-
ceed expeditiously with this application.
JKM/lg
cc: Southold Town Planning Boa
Joseph R. Attonito, Esq.
RECEIVED BY
SOUTHOlD JyWN PLAKN1NJI. BOAllll
AUG 1;) 1981
DAlE
.
Valerie Scopaz
Town Planner
South old , N.Y. 11971
(516) 765- 1938
July 2, 1987
Mr. Garrett Strang
Architect
P.O. Box 1412
Southold, NY 11971
Re: Site Plan for East Wind Building Corp.
Dear Mr. Strang:
The above mentioned site plan has been reviewed and the
following information is requested prior to any further review
and consideration by the Planning Board:
1. drainage plans
2. landscape plans
3. building elevations
If you have any questions, please don't hesitate to contact
our office.
Very truly yours,
Y~~~(Xll-dj~
Town Planner
dms
.
.
---..
..
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
TOWN lL'\LL
SOUTHOLD. NEW YORK
.
CERTIFICATE OF OCCUPANCY
NONCONFORMING PRE1\lISES
THIS IS TO CERTIFY that the
r I Land
Ixx! Building(s)
C../ Users)
Pre c.o. #- Z-15160
Date-
January 5, ]987
located at 950 Third Street & 965 Second Street & 600 King Street
Street Hamlet
shown on County tax map as District 1000, Section 117 ,Block
New Suffolk
08
,
Lot
06
, does(not)conform to the present Building Zone Code of the
Town of Southold for the following reasons:
Insufficient front yard set-backs non-conforming residence
On the basis of information presented to the Building Inspector's Office,
it has been determined that the above nonconforming CI Land IX"! Building(s)
C}Use(s) existed on the effective date the present Building Zone Code of the
Town of Southold, and may be continued pursuant to and subject to the appli-
cable provisions of said Code.
IT IS FURTHER CERTIFIED that, based upon information presented to
-
the Building Inspector's Office, the occupancy and use for which this Certifi-
cate is issued is as follows: Property contains business buildings, residence;
and concrete floor of demolished building; all situated in 'B' light business,
with access to Second Street; a Town Road
The Certificate is issued to
JEFFREY & ANN HUNTER
(owner, I~~
of the aforesaid building.
Suffolk County Department of Health Approval
NIA
UNDERWRITERS CERTIFICATE NO.
NIA
NOTICE IS HEREBY GIVEN that the owner of the above premises lL'\S
NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec-
tor to determine if the premises comply with all applicable codes and ordin-
ances, other than the Building Zone Code, and therefore; no such inspection
has been conducted. This Certificate, therefore, does not, and is not intended
to certify that the premises comply with all other applicable codes and regula-
tions.
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Area = .?143b s.f.
/
-----
N.8302 30' W.
...,
STOckADE
FENcE
now or former' y
Nicholas J. Mondusic
NOTE'FOLK COUNTY TAXKM~~ LOT 006
SUF SECT. 117 BL '_
DIST.IOOO - ED
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RECEIVED BY
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DATE
GARRETT A. STRANG
architect
Main Road P.O. Box 1412 Southold N.Y, 11971
516- 765 - 5455
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RECEIVED BY
RO[ITHO].D IOWH PLANT, LNG BOARD
IlII I [4 10O7
GARRETT A. STRANG
architect
Main Road P.O. Box 1412 Southold N.Y, 11971
516 - 765 - 5455
vuor-,,.Lo
may
/OOO- 117- 0,~ - OOro
~J[ l ' MainRoadP. O. Box1412 Southold N.Y. 11971
RECEIVED BY
DE6 17 1987
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GARRETT A. STRANG
architect
Main Road P.O. Box 1412 Southold N.Y. 11971
516- 765 - 5455
/000-117-0~ - 00(o
GARRETT A. STRANG
architect
Main Road P.O. Box 1412 Southold N.Y, 11971
516- 765 - 5455
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I000- u7-o8 - o0~
GARRETT A. STRANG
Brchitect
Main Road P.O. Box 1412 Southold N.Y. 11971
516- 765 - 5455
.