HomeMy WebLinkAbout1000-56.-6-2 HENRY E. RAYNOR, Jr., Chairman
JAMES WALL
BENNETT ORLOWSKI. Jr.
GEORGE RITCHIE LATHAM, Jr.
William F. Mullen, Jr.
S~,TY
Southold, N.Y. 11971
TELEPHONE
765- 1938
October 21, 1981
Mr. Edward John Boyd V
54655 Main Road
Southold, New York 11971
Re: Southold Marine Center
Land Holding Corp.
Dear Mr. Boyd:
For your information I have enclosed a copy of the resolution made
by the Southold Town Planning Board re: above. If you require
any additional information concerning this matter, please don't
hesitate to contact this office.
Yours very truly,
HENRY E. RAYNOR, JR., CHAIRM3~N
SOUTHOLD TOWN PLANNING BOARD
By Susan E. Long, Secretary
Enc.
HENRY E. RAYNOR, ,Ir,. Chaiman
,lAMES WALL
BENNETT ORLOWSKI, .Ir.
GEORGE RITCHIE LATHAM, Jr.
William F. Mullen, Jr.
S~TY
Southold, N.Y. 11971
TELEPHONE
765 - 1938
October 20, 1981
Mr. George Fisher
Sr. Building Inspector
Southold Town Hall
Southold, New York 11971
Dear Mr. Fisher:
At a regular meeting of the $outhold Town Planning Board, Monday
October 19, the following action was taken:
RESOLVED that the Southold Marine Center Land Holding Corp. located
at Southold, be processed as a single lot set offr 106-13.
Yours very truly,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Susan E. Long, Secretary
ERCS o
EDWARD JOHN BOYD ~
ATTORNEY AND COUNSELLOR AT LAW
SOUTHOLD, NEW YORK H971
October 19, 1981
Mr. Henry E. Raynor, Jr., Chairman
Southold Town Planning Board
Town Hall - Main Road
Southold, New York 11971
Re: Southold Marine Center
Land Holding Corp.
Dear Mr. Raynor:
Please consider this letter as an application for the setoff of
a single lot pursuant to Section A106-13 of the Code of the Town
of Southold. The compelling reasons for this application are as
follow:
1) Since the death of Michael Morris in March,
1978, his estate has been seeking a purchaser for the
premises which is the subject of this application so
that sufficient funds could be raised to pay the sub-
stantial Federal and New York State Estate Taxes oc-
casioned by Mr. Morris' death. No such single pur-
chaser could be found for the entire parcel and its
several businesses, but in May, 1981 an agreement was
reached with Charles E. Witzke of Albertson's Marine
whereby Mr. Witzke would purchase the westerly portion
of the premises and the marina business thereby gen-
erating enough cash to satisfy a portion of the Es-
tate Taxes and allowing the Morris family to retain
ownership of a portion of the premises.
2) Following the signing of the agreement with
Mr. Witzke, application was made to the Southold Town
Building Department for approval to split the lot on
the south side of Main Road into two portions roughly
the same as those which existed prior to 1972 when
they were joined for mortgage purposes. Disapproval
from the Building Department was forthcoming in June,
1981 based on several grounds including the necessity
for a Special Exception and the review of parking area.
These additional requirements were discussed between
the Building Inspector and the Town Attorney and in
August, 1981 the Building Inspector informed the under-
signed that an application to the Zoning Board of Ap-
peals would be all that would be necessary, said ap-
plication to be based upon a slightly undersized lot
Mr. Henry E. Raynor, Jr. October 19, 1981
Page 2
of approximately 32,000 square feet upland area (plus
approximately 45,000 square feet of basin area) and
an insufficient side yard occasioned by the existing
structures on the premises.
3) On October 3, 1981 the Zoning Board of Appeals
granted the application to divide the premises for the
purpose of sale and in so doing imposed several condi-
tions relative to vehicular access and the surfacing of
road areas, all of which conditions will be complied
with by the applicant. However, at the time of the
above-mentioned meeting of the Zoning Board of Appeals
on October 3, 1981, the undersigned was presented for
the first time with a copy of a letter from the Southold
Town Planning Board to the Zoning Board of Appeals
stating that the Planning Board would take cognizance
of the matter to be processed "as a new subdivision."
4) Although the action by the Planning Board
was a complete suprise to the undersigned and contrary
to the information received from the Building Inspec-
tor in August, 1981, it was decided at the time that
the simplest course of action would be to file for the
approval of the Planning Board, which application was
made on the next business day, October 5, 1981.
5) Since the filing of the instant application
the undersigned has learned that a subdivision appli-
cation would take a minimum of three months to be pro-
cessed by the Planning Board. In this case such time
would destroy the agreement between the applicant, Mr.
Witzke and Mr. Witzke's proposed mortgagee, Chemical
Bank. As is already known to members of the Zoning
Board of Appeals, Chemical Bank has made several exten-
sions of the closing date for this purchase and it is
unwilling in this time of difficult financing to grant
a further extension beyond the end of October. Without
such financing the deal would collapse and proceedings
would begin for the State and Federal Governments to
take possession of the premises due to unpaid Estate
Taxes.
With the aforementioned hardships in mind it would appear that
a setoff under Section A106-13 of the Code of the Town of
Southold would be an appropriate way of resolving this applica-
tion, indeed, an even more appropriate way than processing it
as a new subdivision which in reality it is not.
As mentioned before, the premises in question existed as two sep-
arate lots prior to 1972 when they were joined in corporate owner-
ship for the purpose of securing mortgage financing. The pro-
posed split or setoff would roughly approximate the pre-1972 di-
vision of the property and would return the property to its prior
independant ownership. In addition, treating this application as
Mr. Henry E. Raynor, Jr. October 19~ 1981
Page 3
one for a setoff would be consistent with the guidelines set forth
in Section A106-13 since it is not intended that there will be any
substantial changes in the physical characteristics of the premises
but only a change of ownership for a portion thereof which would
allow a little more time and money to be available for the upkeep
of both parcels.
With regard to the specific eight points governing setoffs, it is
submitted that the proposed sale of the westerly portion of appli-
cant's property would be in complete accord with both the short and
long term goals for the development of Southold Town in that it would
not change the use of the property from that at present nor would it
require any additional services. The only obvious change resulting
from this sale would be a continuation of the improvements demon-
strated by Mr. Witzke and the applicant over the past six months and
the creation of an attractive~ productive facility serving the needs
of the residents of Southold Town and its many seasonal guests.
Failure of the Planning Board to approve this property division would
cause the pending purchase agreement to collapse and in all probabi-
lity would result in the immediate loss of the premises to the Morris
family due to the inability to pay outstanding estate taxes.
I urgently request that approval be given for a setoff of the west-
erly portion of applicant's premises so that many, many years of a
family's labor will not have been in vain.
Edward John Boyd V
EJB/bv
Enc.
HENRY E. RAYNOR. Jr.. Chairman
JAMES WALL
BENNETT ORLOWSKI,
GEORGE RITCHIE LATHAM. Jr.
William F. Mullen, Jr.
T LD
Southold. N.Y. 11971
TELEPHONE
765 - 19.~8
Mr. Edward John Boyd V
54655 Main Road
Southold, New York 11971
October 13, 1981
Dear Mr. Boyd:
Enclosed please find a receipt from the Town Clerk's office in the
amount of $ 50.00 for the filing fee of Southold Marine Center Hold-
ing Corp. minor subdivision.
Yours very truly,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Susan E. Long, Secretary
Enc.
~O~h:
~--~-~] ~n o~ch:r to answer the questions in this sha~t EAF it ~s ~ssomed
that the prepo:er will use. currently available information concerning the
pro,oct and thc: iii:ely imp.~c'Ls of tho action. It is not expected that
additional studlcr,, re:;corch o: oiher investigations v/ill be undertaken.
(b) l[ cn7 question has been answered Yes thc project may be
~5~e~smen~ Form is necessary
:;ignificc:nt and o coml>lcLc(] ~nvironmontal ~ ~ ' ~ -
(c) If oll quor. Lions have been ~nsvlcrcd ~'~o i~ is likely that Chis
projcc~ ~5 not slgnificon[. -..
(O) Environrnantol Assc:;smcnt ' '
J. ~',~11 p:'ojec[ re~i-r~'-in o largo physical change
¢0 Linc project site or physically ol~er more
~' 10 F 1 ~? Y N
2. %/i!1 t}~crc bo a major change ~o any unique or
· u~..suol land fo~m found on the site? .......... Yes x
~ . %,'ill project oltcr or have o large, effect on .
existing body of wu%er? ....................... Yes. X
4. Will p:oject hove ~ poten'[iully lur~e impact
' t lit> ? Yes X' No
5. ','(ill projec~ significon[1y e[fec~ drainage
flow on gdjocen¢ mi~e5? ........................ Yes~X No.
6. ¥,']11 projcc[ offec~ uny Chreo~cned or
cndc, nocrcd plane or animal speclcs? ........... Yes X'
7. ¥/ii1 project rosul~ in o major adverse effect .
on oir quutity? .............................. '.. Yesx_, ~o
8. ¥/ill prnjcct hove o major effect on visual
c}~:roc~er of %he communi~ or scenic views or
V~5[05 ]{;lOWll:~o:bo important ~o the community?, YesX'Jqo
Y. ~/]!l J)rojgct adversely iapocL any silo or ..
5%ruc~ure of hisJ. oric, prehistoric or
palco~o].ogicol impoJ ~ance or any sJ.~e
(]csignc, tcc] os a critical environmental oreo
by a local agency? ............ '.~..".','-;'-'..~",..,'. Yes..~
lO. %'~ilt projec-[ hove a major eTfoct on cxis~ihg
or future recreations] opportunities? ......... YesX
11. %,'ilI projc:c¢ resell in .~ojor ~ro~fic problems
or. coL, sc o major cfr'ccC Lo existing
transportation sys'Loms? ....................... YesX No
12. YJill project r.egu!arly cause objectionable
odors, noise, glare, vibration, or electrical
disturbance as o rcsul~ o~ thc projec¢'s
opcrb [ion? ' YesX No
13. Will projcc[ have any impact on public health
' ~ fy? YesX No
14 %'/il! I)~OjeCt of foci the exlsiing community by'
" directly causing o growlh in permanent
populolion of more thon 5 percenf over o one
yeor period or hove o mojor negative
on ihe chorocicr o~ the community or
ne~Ohborl~ood? ................................. YesX No
15. Is there pub!~ controversy concerning thc
p:oject? .... '~ ................................. YesX No
~-~Q'aTd--Jo-h-6 Boy-a- v, Esq., for
REPRESEHT I ~{GSouthold Marine Center Land Holding Corp.DAI E
October 5, 1981
APPLICATION FOR APPROVAL OF PLAT
To the Planning Board of the Town of Southold:
The undersigned applicant hereby applies for .~.~.~.~.~.~.~.~.~.~a~e'~ (final) approval of a subdivision plat in
accordance xvith Article 16 of the Town Law and the Rules and Regulations of the Southold Town
Planning Board, and represents and states as follows:
1. The applicant is the owner of record of the land under application. (If the applicant is not the
owner of record o{ the land under application, the applicant shall state his interest in said
land under application.)
2. The name of the subdivision is to be .1X°.. ~3a..m.e...( .sp. 1..i.t~...q.f...o.n.e...1.9.~...i..n.'c:.o...~.w.o.!
3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed
suggested.)
4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as
follows:
Liber ..... .7.2..4.4. ............. Page ..... .2.6.1: ............. On Sept, 19, 1972
Liber ..... 7.2..4.4. ............. Page ..... ¢.6.5. ............. On .S.C.p.~.:.. ~.9. ~..1..9.7..2...
Liber ........................ Page ...................... On ....................... ;
Liher ........................ Page ...................... On ....................... ;
Liber ........................ Page ...................... On ....................... ;
as devised under the Last Will and Testament of .......................................
or as distributee ........................................................................
5. The area of the land is .a. pp..r.o.x......5 ..... acres.
6. Ali taxes which are liens on the land at the date hereof have been paid.*x-c~pt ............
7. The land is encumbered by ..............................................................
mortgage (s) as follows:
(a) Mortgage recorded in Liber ...6.4..8.~ ...... Page ...2.7..8 ............ in original amount
of $.1. 2.5., .0..09.: .0.0unpaid amount $ 8.5. ,.0.0~ ~ 0.Q ......... held by q.h.~..re. Jr. ?.a..1..B..a.~).k....
.............. ad'dress . .~.a..~.n...R.q.a.d.:' .$.qu&.h.o.]:f~,..N. 9~ . .Y.o. ¥.~....1:3.9.7.1: ...........
(b) Mortgage recorded in Liber .7.9.7.5.... Page .9.? .................... in original amount
,~ $40,000,00, n~aid amount $.3..4.,.q9.0.'/9.9 ......... held by Administrator of
Sgffa 1'I ' BCl~gll-/O$ ~ ~ ......................
...2.9 ?¥. y..o.r. 5., ?
(c) Mortgage recorded in Liber .............. Page ................ in original amount
of .............. unpaid amount $ ...................... held by ......................
...................... address .........................................................
8. There are no other encumbrances or liens against the lando~ ........................
9. The land lies in the follo~ving zoning use districts . .'.'.C.'~ .................................
I0. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex-
11. The applicant shall at his expense install all required public improvements.
12. The land (does) (lttal~la~ lie in a Water District or Water Supply District. Name of Dis-
trict, if within a District, is ...V.~ .l.~..a. c~...o..f..9.r.~. ~.r).1~..r.t:..U.t...]..l: .i.~..]..~?...D. ?.p..i~.r.~..m.~..n.~. ?
13. Water mains will be laid by ...I51//), .....................................................
and (a) (no) charge will be made for installing said mains.
14. Electric lines and standards wilt be installed by ..... .N../.3t ...............................
..................................... and (a) (no) charge will be made for installing said
lines.
15. Gas mains will be installed by . ...N/..g- .....................................................
and (a) (no) charge will be made for installing said mains.
16. If streets shown on the plat are claimed by the applicant to be existing public streets in the
Suffolk County Highway system, annex Schedule "B" hereto, to show same.
17. If streets shown on the plat are claimed by the applicant to be existing public streets in the
Town of Southold Highway system, annex Schedule "C" hereto to show same.
18. There are no existing buildings or structures on the land ~vhich are not located and shown
on the plat.
19. Where the plat shows proposed streets which are extensions of streets on adjoining sub-
division maps heretofore filed, there are no reserve strips at the end of the streets on said
existing maps at their conjunctions with the proposed streets.
20. In the course of these proceedings, the applicant will offer proof of title as reqnired by Sec.
335 of the Real Property Law.
21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex
Schedule "D".
22. The applicant estimates that the cost of grading and required public improvements will be
$ .2 .0. 0. .0. : .0.(~ as itemized in Schedule "E" hereto anuexed and requests that the matnrity of the
Performance Bond be fixed at .............. years. The Performance Bond will be written by
a licensed surety company unless otherwise shown on Schedule "F".
DATE ...0c.to~er.5.,..~9~...
(Signature and Title) Edward John Boyd V, Esq.
54655 Main Road
(Address) Southold, New York
11971
STATE OF NEW YORK, COUNTY OF SUFFOLK
On the ...5.th ........... day of ....... 0.ctob~r ............. 19.81 .... before me personally came
Edward John Boyd V to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged that . .he. ........ executed the same.
Notary Publict' F~---- ~'"" v'NO~P~KHAc'T~A-R~TNew
York
No. 4728253
Qualified in Suffolk County
STATE OF NE~V' YORK, COU~TTY OF ............................ ss: Comrni~sion ~xpire~ March 30, 19~%
On the ................ day ............ of .............. , 19 ...... , before me personally came
....................... to me known, who being by me duly sworn did de4
pose and say that ............ resides at No ....................................................
................................ that .......................... is the ..........
the corporation described in and which executed the foregoing instrument; that ............ knows
the seal of said corporation; that the seal affixed by order of the board of directors of said corporation.
and that ............ signed .............. name thereto by like order.
Notary Public
SCHEDULE A -- Descriptimt
t~RCEL ONE:
TITLF, NO. 8108-01723
ALL that certain plot, piece or parcel of land, s[tu&te, lying and being tn the
Town of Southold, County of Suffolk and State of New York, being more particularly
bounded and described as follows:
BEGINNING at a point on the southerly side of Main State Road at the northeast
corner of the herein described premises where the same is intersected by the west-
erly side of land now or formerly of Morris;
running thence from said point or place of beginning along land now or formerly of
Morris, the following 3 courses and distances:
South 27e 51' 20" East 196.25 feet;
2) South 21° 35' 00" East 118.0 feet;
3) South 23' 30' 00" East 72.95 feet to the mean high water mark of Budd's Pondl
thence along the mean high water mark of Budd's Pond along a tie line South 89*
44' 50" West 269.31 feet to land now or formerly of Booth;
thence along said last mentioned land North 19° 41' 00" West 250.00 feet to the
southerly side of Main State Road~ and
thence along the southerly side of Main State Road, North 58e 31' 00" East 222.0
BEGINNING.
FOR INFORMATION ONLY: Dtst. 1000 Sec. 56 Block 6 Lot: P/O 2
DESCRIPTION
Schedule "B" : "Main State Road" as shown on plat is existing
public street in the New York State Highway System.
Schedule "D" '.
Proposed Deed will grant title to all lands as
shown on Map of Property surveyed for ~udd's Pond
Marina, Inc. and will contain specific rights of
way granting access for vehicular traffic accord-
ing to the determination of the Zoning Board of
Appeals rendered October 2, 1981.
Schedule "E" e
Cost of surfacing access road to depth of four in-
ches of packed 3/4" stone blend estimated at $2,000.00.
No other improvements necessary.
Schedule "F" e
Suffolk County Tax Map Numbers for premises are as
followe District 1000; Section 056.00; Block 06.00;
Lots 002.000 & 003.000.
Schedule "G" :
Names of adjoining property owners are as follow:
West bye East bye
Philip O'Hara & Others Port of Egypt Enterprises,
140 Remsen Street Main Road
Brooklyn, N.Y. 11201 Southold, N.Y. 11971
North by: South by:
Main State Road (Rte. 25) Budd's Pond
Inc.
ItLL that certai~ plot, piece or parcel of land, situate, lying and being in the
?own of Southold, County of Suffolk and State of New York, bounded and described
(~s follows:
))EGINNING at a concrete monument on the northerly line of Main Road, at the south-
~vesterly corner of land of Burroughs, said point also being the southwesterly
i:orner of Lot l, in a sub-division owned by C.L. Sanford Company, Inc., filed in
the Suffolk County Clerk's Office as Map Number 539, from said point: of beginning;
running thence along said northerly line of Main Road, South 58° 31' 00" West
200.00 feet;
~nntng thence along land of Robert Land Jr. North 24° 47' 50" West 226.51 feet
to the southerly line of land of the Long Island Railroad Company;
thence along said land of the Long Island Railroad Company North 69° 04' 20" East
199.09 feet to a concrete monument and said land of Burroughs;
thence along said land of Burroughs South 24° 47' 50" East 189.78 feet to the
point or place of BEGINNING.
To~rNOF $OUTHOLD, NEW YORK
ACTION OF TIIE ZONING BOAKD OF APPEALS
Appeal No. 2863 by application Dated August 3, 1981
Filed August 5, 1981
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To
Edward John Boyd V, Esq. as attorney for
Southold Marine Center Land Holding Corp.
Main Road, Southold, NY 11971
Appellant
at a meeting of the Zoning Board of Appeals on October 2, 1981
was considered and the action indicated below was t~ken on your
( ) Request for variance due to lack of access to property
( ) Request for a special exception under the Zoning Ordinance
(X) Reque~ for a variance to the Zoning Ordinance Article VIII, Section
( )
100-81
the appeal
L SF~%F~E~X]O~g~~av~f~~:~X~~ ( ) be
~a~ed ( ) be ~ed p~suant ~ A.rt~le .................... ~ct~n .................... Sub~ction .................... paragraph
.................... of the ~ning Ordnance and the decision of the Building Inspector ( ) be reversed ( ) be
co~lrmed b~a~e Public Hearing: 9/17/81: Application of Southold Marine
Center Land Holding Cor~., Main Road, Southold, NY (by Edward John
Boyd V, Esq.) .for a Variance from the determination of the Building
.Inspector ~or: (1.) insufficient~buildable upland area; (2) proposed
easterly :lot~will have existing buildings with insufficient sideyards;
per Bulk and~Parking Schedule.and.Section 100-81. Location of Proper-'
ty: South side of Main Road (S.R. 25), Southold, NY; bounded north by
S.R. 25; west by O'Hara; south by Budd's Pond; east by Port of Egypt,
Inc.;~ County Tax Map Parcel Item No. 1000-56-6-2 & 3; 1000-56-4-15.
(SEE ATTACHED S~EETS)
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce practical
hardship because
difficulties or unnecessary
(SEE ATTACHED SHEETS)
(b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties
alike in the immediate vicinity of this property and in the same use district because
(SEE ATTACHED SHEETS)
(c) The variance (does) (does not) observe the spirit of the Ordinance and (would)
change the character of the district because
(would not)
(SEE ATTACHED SHEETS)
and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and
that ~he previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed.
CG: lk ZONING BOARD OF APPEALS
FORM ZB4
P~ge 2 - Appeal No. 2863
Action of the Zoning Board of Appeals Rendered 10/2/81
Matter of Southold Marine Center Land Holding Corp.
By this appeal, appellant seeks variances to the zoning ordi-
nance, Article VIII, Section 100-81, Bulk and Parking Schedule, to
'divide premises located on the south side of Route 25, a necessary
prerequisite to a sale of the westerly portion thereof. The
Building Inspector's reasons for disapproving such division, in
effect, are as follows: (1) insufficient buildable upland area,
(2) proposed easterly lot will result in existing buildings having
insufficient side yards, (3) the easterly lot with existing
buildings and uses will (possibly) be without the required off-
street parking for that use [off-street parking to be determined
by the Planning Board].
The premises in question has a total acreage on the south side
of Route 25 of approximately 3.6 acres, which includes approximately
1.2 acres of underwater land on the west side. The proposed west-
erly ~arcel~will contain an area of approximately 77,400 square feet
445~500+- c~under water and.32,000+- upland), with 222 feet along
Route~25. '.The proposed easterly parcel will contain an area of
'approximately 82~700+- square feet, with 222.96 feet along Route 25.
The premises in question located on the north side of Route 25 has
an acreage of approximately one acre, with 200 feet along Route 25.
The location of the division line between the westerly and easterly
parcels located on the south side of Route 25~as proposed will leave
a sideyard setback of the most northerly structure (on the easterly
parcel and labeled one-story frame building on applicant's survey
dated 8/28/72 and presently used for showroom and storage pur-
poses) of approximately four feet, and a sideyard setback of the
southeasterly structure (on the easterly parcel and labeled 2-story
frame motel and Which has been used as a "scallop house") of ap-
proximately one foot.
The structures located on these premises are as follows:
(1) proposed westerly parcel at the south side of Route 25: docks
and concrete platform; (2) proposed easterly parcel at the south
side of Route 25: one-story frame building to the north and
recently used for showroom and storage purposes; one two-story
and one one-story frame buildings [labeled motel on applicant's
survey]; small locker; one-story frame building presently used for
retail sales and containing one dwelling unit; (3) parcel located
at the north side of Route 25: substantially large metal building
presently used for boat storage.
upon personal inspection of the premises, the Board finds that
the areas to be utilized by the public for egress and ingress are
unpaved, unlevel and of very poor condition. This Board also
agrees with the determination of the Building Inspector that park-
ing requirements should be as determined by the Planning Board.
Rage 3 - Appeal No. 2863
Action of the Zoning Board of Appeals Rendered 10/2/81
Matter of Southold Marine Center Land Holding Corp.
The Board finds that the relief as requested is not substantial
in relation to the zoning requirements of the Town; that the relief
requested is within the spirit of the zoning ordinance; that if the
relief is granted no adverse effects will be produced on available
governmental facilities of any increased population; that the relief
if granted will not change the character of the neighborhood; that
the practical difficulties are unique; and that the interests of
justice will be served by granting the relief requested, subject to
the conditions as listed below.
On motion by Mr. Goehringer, seconded by Mr. Sawicki, it is
RESOLVED, that Southold Marine Center Land Holding Corp.,
Appeal No. 2863, ben,ranted a variance to divide the premises for
purposes of sale of the westerly portion thereof as shown on the
map annexed~.to the appeal, SUBJECT TO THE FOLLOWING CONDITIONS:
.~. ~That vehicular access to the southerly portion of the
'proposed~westerly parcel located on the south side of Route 25 shall
be provided along the easterly boundary of said westerly parcel, if
possible, or by access through the easterly parcel which is to be
retained by the present owner. Suitable recordable instruments giv-
ing such righ~-of-way shall be provided for this appeal record and
recorded in the Suffolk County Clerk's Office. Any such access
shall have a minimum width of 30 feet.
2. That access roads affording ingress and egress by the public
of both parcels located on the south side of Route 25 shall have a
minimum width of 30 feet; shall remain open and unobstructed at all
times; shall be regraded and paved in accordance with the following
specifications, to wit:
(a) Surfaced with a minimum depth of four inches of packed
3/4" stone blend so as to afford access for emergency and other
vehicles; such stone blend may be either applied to the ground sur-
face and shaped, or the surface may be excavated to permit the
application of packed blend to a depth of 4"; or in the alternative
(b) Shall have topsoil removed to a depth of 8", and then
filled with 8" of a good grade stone and sand bank run. The surface
shall then be covered with a layer of two to four inches of 3/4"
stone blend, or oiled with a minimum of 4/10ths of a gallon of road
oil per square yard.
3. That there shall be no storage of boats or other material
within 35 feet of the Main Ro~ on two of the parcels in question
at any time (the two parcels in question being located on the
north side of Route 25 and the easterly proposed parcel at the
south side of Route 25). No storage of boats or mother materials
to 'be within 16 feet of the northerly property line on the westerly
proposed parcel at the south side of Route 25.
PDge 4
Action of the Zoning Board of Appeals Rendered 10/2/81
Matter of Southold Marine Center Land Holding Corp.
4. That the existing buildings and uses shall remain as is
as of the date of this variance; and in the event a building or
use is proposed to be altered, modified, changed, added, increased,
in any way, such proposal shall be subject to the prior approval
of this Board, except that the three buildings located along the
easterly boundary line of the proposed easterly parcel at the
south side of Route 25 and used in whole or in part for dwelling
units shall comply with the living floor area requirements of
Section 100-42 of the zoning code.
5. That no further businesses or uses are permitted on any
of the three parcels at any time in the future without the express
written prior approval of this Board.
6. That the structures on any of these parcels shall not
exceed 20% lot coverage.
7. That the outer easterly side of the most northerly struc-
ture (known as the building used for showroom and storage purposes)
cannot at any time be used for storage of boats or other items.
8. That the grant of this variance is subject to obtaining
approvals from the Southold Town Planning Board for parking and
subdivision.
9. That this matter shall be referred to the Suffolk County
Planning Commission pursuant to the rules and regulations of the
Suffolk County Charter, and shall be subject to such action of
the Suffolk County Planning Commission.
Location of Property: North and South Sides of Route 25,
Southold, NY; County Tax Map Parcels No. 1000-56-6-2 & 3; 1000-
56-4-15.
Vote of the Board: Ayes: Messrs. Douglass, Goehringer,
Sawicki and Grigonis. (Member Doyen [Fishers Island] was absent.)
APPROVED
-' /
Chairman Bo;~rd of Al:~e'ali
Southold Town Planning Board
Town Hall
Southold, New York 11971
~October 5, 1981
Gentlemen:
Re:
Southold Marine Center Land
Holding Corp.
The following statements are offered for your consideration
in the review of the above-mentioned minor subdivision and its
referral to the Suffolk County Planning Commission:
(1) No grading, other than ' ' for resurfacing
....of existing vehicular access.
(2) No new roads are proposed and no changes will be made in
the grades of the existing roads, other than the filling of holes.
(3)
No new drainage structures or alteration of existing
structures are proposed.
Your~tru ly, .
~hold Marine Center Land Holding Corp.
HENRY E. RAYNOR..~r., Chairman
JAMES WALL
BENNETT ORLOWSK1, Jr.
GEORGE RITCHIE LATHAM. Jr.
William F. Mullen, Jr.
Southold, N.Y. 11971
TELEPHONE
765- 1938
TO:
FROM:
DATE:
SUBJECT:
Mr. Charles Grigonis, Jr.
Southold Town Board of Appeals
Southold Town Planning Board
October 2, 1981
Southold Marine Center Holding Corp.
106-13
At a regular meeting of the Southold Town Planning Board, Monday
September 28, 1981 the following action was taken:
RESOLVED that the ZBA referral of Southold Marine Center Holdinq
Corp. be processed as a new subdivision.
Yours very truly,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
· Long, Secr~ry
CO~TY OF SUFFOLK
DEPARTMENT OF PLANNING
(516) 360-5513
LEE, E. KOP~ELMAN
Tow~ of Southold
Board of Appeals
September 28, 198i
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter,
the following applications which have been referred to the Suffolk County Planning
Comm{~sion are considered to be a matter for local determination. A decision of
local determination should not be construed as either an approval or a disapproval.
Applicant
File
Southold Marine Center Land Holding Corp.
2863
Very truly yours,
Lee E. Koppelman
Director of Planning
Gerald G. Newman
Chief Planner
11788
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER
Joseph H. Sawicki
TO:
FROM:
DATE:
SUBJECT:
Southold Town Board of Appeals
MAIN RI'lAD- STATE RmAD 25 Sr'IUTHEiLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
September 9, 1981
Mr. Henry E. Raynor, Chairman
Southold Town Planning Board
Southold Town Board of Appeals
September 9, 1981
Determinations pursuant to Chapter A106-13
Dear Henry:
Pursuant to Chapter A106-13 of the Town Code, your determinations
concerning the matters listed below are requested. If it is the
Board's determination that any of these matters will require pro-
cessing as a new subdivision, please do not hesitate to give us
your comments or recommendations on the layouts as proposed herein.
Thank you for your cooperation.
Matter of
Location of Property
Southold Marine Center Hold-
ing Corp.
s/s Main Road, Southold, 1000-56-6-2 & 3.
Insufficient buildable upland area; proposed
easterly lot will have existing buildings
with insufficient side yards; said easterly
lot w/ existing buildings & use may be
without the required off street parking for
that use.
Thank you for your anticipated cooperation.
Yours very truly,
CHAIRMAN
CG:ec
P.S. This matter is scheduled for public hearing for September 17, 1981.
If this matter could be considered for your 9/14/81 agenda, it would be
greatly appreciated. Copies of application, survey, & County Tax Map are
enclosed.
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO/..~. ~
DATE . .A.,u. ,g,,. :..,. ,3. ;.. ,..1. ,9, .,8, ~:
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N Y.
Southold Marine Center Land Holding Corp., of (no 5) Main Road,
Name of Appellant Street and Number
Town of $outhold New York HEREBY APPEALsTO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ....~.u...~..e.....]:.2..~....~..9..8..~ ..................
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
(x)
So~.t,~?~.c~.._N..a..r...i..n...e.....C..e..n...t..e_r....L...a..n..d...H..o.,1..d_i, .n.g Corp. Name of Applicant for permit
of ( ..........................
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
Permit to divide property in "C" Zone
I. LOCATION OF THE PROPERTY .s../..~..-I~..~:...~g..a..d..?....S..9.u...~..h.,°..];~ ...................... '.'.?..'.' .................
Street Use District on Zoning Map
1000; 056.00; 06.00; 002.000 & 003.000
Mop 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.)
Bulk & Parking Schedule - Section 100-81
3. TYPE OF APPEAL Appeal is made herewith for
(×) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws_
Art. 16 Sec. 280A Subsection 3
4 PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such ~ppeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
( )
(x)
( )
REASON FOP, APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
isrequestedforthereasonthat such variance is a necessary prerequsite to a
sal~ of a portion of the property. In addition to the necessity for
the Variance, it must be noted that time is of the essence with regard
to this Appeal since the contract vendee has a mortgage commitment which
is time limited and any delay would result in an inability of the vendee
to purchase the property from the applicant corporation.
Form ZBI
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRIC~ APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces.
sory HARDSHIPbecause the property in question is owned by a corporation,
the majority of whose stock is owned by the Estate of Michael J. Morris,
deceased, which Estate must sell a portion of its holdings in order to
pay New York State and Federal Estate Taxes. Due to the large size of
the property and the complex nature of the businesses involved, it has
been impossible since 1978 to find a single purchaser for the entire par-
cel, but finally an agreement has been reached with Charles E. Witzke of
Albertson's Marine for the westerly portion of the property and the ma-
rina business located thereon. If the requested Variance is not granted
not only will Albertson's Marine lose its much needed waterfront business
location but the applicant corporation will be unable to satisfy the es-
tate tax liabilities imposed by the State and Federal Governments and wil
in all likelihood lose ownership of the property due to unpaid taxes.
2 The hardship createdis UNIQUE and isnotshared by all properties alike in the immediate
vicinity of this property and in this use district because the property for which division
is sought is already fully developed with buildings and other structures
fixed in positions thay have occupied for years. The proposed division
line cuts the property into the only two possible logical business areas,
i.e., marina business and wholesale/retail fish business. Any further
movement of the proposed line so as to slightly increase or decrease
square footage area~ or side yards would result in an arbitrary split of
the property which would be unworkable for the parties involved.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because no appreciable change to the area would re-
sult from the proposed division. Ail structures and businesses involved
would remain the same with only ownership of a portion of the property
being changed. Indeed, prior to 1972, the property was held as two sep-
arate parcels, the dividing line beingapproximately' 75 feet to the east
of the line which is the subject o~ this application. The present pro-
posal would split the area nearly in half with each half possessing the
required frontage on Main Road. Furthermore, although the business usage~
of the two parcel would be the same as at present, a division of respon-
sibility and ownership would result in an infusion of funds for the re-
pair of certain buildings and structures on the property and in a sub-
stantial net gain in the attractiveness of the area.
STATE OF NEW YQRK )
)
COUNTY OF SUFFOLK )
SS
Signature
Edward John Boyd V, Esq., for Applicant
Sworn to this 5th day -~ August
u, 1981
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