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HomeMy WebLinkAbout1000-35.-1-8 """""\ . ( ~~ ! .~i ~~ \APPEALS BOARD MEMBERS .' Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lara S. Collins George Horning . BOARD OF APPEALS TOWN OF SOUTHOLD May 27, 1998 Patricia C. Moore, Esq. Moore 8< Moore 51020 Main Road Southold, NY 11971 Re: Applications for Variances and Special Exception Parcel 1000-35-1-8 (Owners: Petikas) Dear Mrs. Moore: :5t-u{'f!'- t~~ ttK Southold Town Hall JA1.S 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765~ 1809 Following Board's May applications . our communications with you, we enclose copies of the 19, 1998 Determinations regarding the above Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosures ( ~ ) Copies of Decisions to: Building Department plAnning Board V- Suffolk County plAnning Commission (within 500 ft. of a county/state road) I~, Southold Town Planning Board '. . .v()J~ ~ ?y · APPEALS BOPl'O MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing . Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DEUBERA TlONS AND DETERMINATION MEETING OF MAY 19,1998 Appl. No. 4525-SE: THEODORE AND MARIA PETlKAS TAX MAP PARCEL 1000-35-HI STREET & LOCAUTY: Comer of Routes 25 and 48, and Sound Road, Greenport, Town of Southold. DATE OF PUBUC HEARING: March 23,1998 and May 14,1998. FINDINGS OF FACT REQUEST MADE BY APPUCANT: This is a request made by the Property Owners, Mr. and Mrs. Theodore Petikas, for a Special Exception to establish a two-family dwelling as a new principal use on this unimproved lot. . The proposed building size is 48' by 28' to be located a minimum 40 feet from the southerly front property line, a minimum 15 feet from the north- easterly comer, minimum 20 feet from the most northerly rear property line, and approximately 110 feet from the easterly front property line along Sound Road. A detached accessory garage will be located in the rear yard. Also noted are the requests by the Property owners herein for Variances as to Insumclent lot size for this two-famlly use and fence height, which have been addressed under Appl. No. 4526 In a separate determination. PROPERTY FACTSIDESCRIPTlON: The property Is located In a R-40 Residential Low Density Zone District on the northwesterly comer of County Route 48 (North Road), (State Route 25) and Sound Road, Greenport, Town of Southold. The subject property is substandard in size and contains a total area of 21,483 sq. ft., or 48% less than the 40,000 minimum lot size in this zone district for a slngle-family dwelling, and 74% less than the 80,000 minimum lot size In this zone district for a two-family dwelling. The applicants' proposal Is to construct a 48 ft. by 28 ft. twoo6tory building with two-family dwelling occupancy on an unimproved lot. This substandard lot fronts along County Route 48, State Route 25 and Sound Road, a town street. The proposal calls for a single point of vehicular access via Sound Avenue. The setbacks of the proposed principal building are to be a minimum 40 feet from the southerly front property line, a minimum 15 feet from the north-easterly comer, minimum 20 feet from the most northerly rear property line, and approximately 110 feet from the easterly front property line. A detached accessory garage is pag:e 2 - May 19, 19. Appl. # 4525 : 1 000-35-~-8 (Petikas) (SE) Southold Town Board of Appeals . to be located in the rear yard. The March 6,1985 survey, amended May 9,1985 and June 6,1985, submitted under this application shows that the property was vacant in 1985 with the exception of a small open shed, approximately 24 feet from the property line on Sound Road. The shed was at one time used to sell farm produce. The shed no longer exists on the premises, and the property in vacant and unimproved. The 1985 survey also indicates that an easterly portion of the property ,approximately 9,776 sq. ft., was zoned 'B' Ught Business. That easterly section of the property was rezoned to R- 40 Low Density Residential in January 1989 as part of the town's comprehensive update of its master plan and zoning regulations. Since January 1989, the zoning classification of the remaining 11,707 sq. ft. westerly section of the property has been, and is, R-40 Low-Density ReSidential. Prior to January 1989 and specifically at the time of purchase in 1985 by the applicants herein, this westerly section was zoned A-Residential (allowing single-family residences on 40,000 sq. ft. lots). (Testimony offered by applicant's attorney states incorrectly that the entire 21,432 sq. ft. lot was 'B' Business-zoned when applicants purchased the property on April 5, 1985.) CODE PROVISIONS/BASIS OF APPLICATIONS: 1. Building Inspector's February 10, 1998 Notice of Disapproval which reads....The proposed fence exceeds four(4) feet in height, Article XXIII, Section 100-231, fences shall not exceed four (4) feet in height when located in the front yard of a residential zone. 2. Chapter,100 "Zoning" under Article III, SECTION 100-3'IB(1) which reads as follows: "Uses permitted by Special Exception" upon receiving approval from the Board of Appeals: "Two family dwellings not to exceed one such dwelling on each lot." 3. Chapter 100-30 A.3 Bulk, area and parking regulations: No building or premises shall be used and no building or part thereof shall be erected or altered In the Low-Denslty Residential R-40 Distrlct unless the same confroms to the requirements of the Bulk Schedule and the Parking Schedule, with the same force and effect as if such reoulations were set forth herein in full. (Emphasis addedl FINDINGS OF FACT: The Board of Appeals has reviewed all information and evidence brought before it and based upon all testimony, documentation, personal knowledge and other relevant evidence, the Board of Appeals finds the following facts to be true and relevant: 1. The applicants propose to construct and establish as a new principal use a two-family dwelling on an undersized nonconforming lot containing 21,483 sq. ft. In a R-40 Residential Low density District (minimum requirement for a single family residence is 40,000 sq. ft., and for a two-famlly 80,000 sq. ft. is required). 2. The minimum lot size required for two-family dwellings in the R-40 district is 80,000 sq. ft. Applicant s contend that the footnote "NA" In the "Density and Minimum Lot Size Schedule for Residential Districts" means that the 80,000 sq. ft. lot size requirement is not applicable (NA) if provisions of community water or water and sewer are made. A clear reading of the Town Code and as applied by the Zoning Board of appeals, 'page 3 - May 19, 1998. Appl. #4525SE: 1000- 35-1-8 Southold Town Board of Appeals . Planning Board and Building Department indicates that the minimum lot size requirements of the specified district are not further reduced simply because town water and sewer are available. This Intent of the code to double the lot-size requirement for two-family dwellings in the residential districts, AC, R-40, R-80, R-120 R-200 R-400, is clear and consistent in the Schedules of the Code. There is no reduction In the minimum lot size requirements in these districts. This point is further illustrated In the Schedule, which provides for specific lot-slze reductions for two-family dwelling with utilities In the Hamlet Density Residential District and the Resort Residential District. 3. On April 6, 1986, when applicants purchased the properties, the entire parcel was split zoned: the smaller easterly portion of the premises (9,776 sq. ft.) was zoned 'B' Business, and the larger westerly portion (11,707 sq. ft.) was zoned A-Resldentlal. Although applicants state that the property "was purchased as a business-zoned lot for $80,000 and it was greatly devalued by the subsequent rezoning In 1989," Town records confirm that more than half of the 21, 483 sq. ft. lot was residentially-zoned at the time of applicants' purchase, and the residential zoning has continued for more than 13 years. According to Board of Appeals File No. 3389, on July 31, 1986, three months after Theodore and Maria Petikas purchased this lot (under one deed/metes and bounds description) the owners/applicants applied for a variance to use a portion of the resldential-zone of this lot for a proposed business. After the public hearing on October 3,1986 under Appl. No. 3389, the hearing was recessed by applicants' attorney and the application abandoned and discontinued by applicants. 4. On January 10, 1989, the Town of Southold adopted a comprehensive update of its zoning regulations and master plan. The easterly business-zoned portion (9,776 sq. ft.) of the applicant's property was rezoned to R-40 Residential Low Density, and the westerly 11,707 sq. ft. portion was renamed or reclassified from A-Residentlal to R-40 (with no change in minimum lot size requirement). The residential zoning for the entire lot continues to this date. 6. The applicant's 21,483 sq-ft. lot size meets only 26 percent of the 80, 0000 sq. ft. of the requirement for establishment of a two-family dwelling use. 6. The minimum lot-size requirements in the R-40 Residential Low Density Districts for two- family dwellings, and the Intent therein, was noted by town's legislative actions In 1989 and clearly stated In Section 100-30A.1: "The purpose of the Low-Density Residential District is to provide areas for residential development where existing neighborhood characteristics, water supply and environmental conditions permit full development densities of approximately one (1) dwelling per acre and where open space and agricultural preservation are not predominate objectives." BOARD REASONS: On the basis of testimony heard and documents submitted, and after persona/Inspection of the property, the fol/owlng Is used as criteria and reasons for dental of thIs Special ~eption: 1. Grant of a two-family on an undersized lot will change In the character of the neighborhood and cause a detriment to nearby properties because the degree of the variance is so great - a 74 percent reduction in the minimum lot size requirement - in that it constitutes an unwarranted overcrowding on an undersized nonconforming lot. 2. The applicant can build a single-family dwelling. Although the applicants seek to recoup "paS[e 4 - May 19, .8 Appl. #4S2.ff!E : 1000- 358-1-8 (Petikas Southold Town Board of Appeals Sp. Exc.) . a perceived financial loss incurred in 1985 when they purchased this property for business purposes at a cost of $80,000, the record demonstrates that the applicants knew at the time of purchase that more than half of the property was zoned for single-family residence and the Code required 40,000 sq. ft. per dwelling for minimum land area. In addition, at the time the applicants purchased the property. the Code required a minimum of 160,000 sq. ft. for two- family dwelling. 3. As indicated in the denial of the variance, the applicants request is substantial for a 74 percent reduction in the Code minimum lot-size requirement. 4. The self-created difficulty has been addressed separately in the variance. The applicants knew wilen they purchased the property that it was not adequate in size and did not meet the code requirements as to minimum lot size for a two-family dwelling, that the property was split-zoned business and residential. The applicants could have requested a determination from other municipal applications (such as a use variance or a change of zone) if the intent were to recover a financial hardship, prior to or after the 1989 rezoning. The applicants now seek to recoup losses incurred by its actions more than 13 years ago in this SpeCial Exception. While the board recognizes that a two-family dwelling may yield a more profitable return than a single-family residence, no financial proof has been submitted to substantial applicant's claim that the property cannot be sold for permitted single-family residential use, or income derived from such permitted use. 5. The grant of a special exception for two-family use on an undersized lot will have an adverse effect and impact on the physical and environmental conditions of the neighborhood. It will double the traffic, double the impacts to groundwater from a duel septic system, and double the intensity of land use, which in turn will affect the neighborhood and is contrary to the stated purposed of the R-40 Residential Low Density District. THE BOARD THEREFORE FINDS: ,. A two-famlty dwelling on a lot substantially less than the required 80,000 sq. ft. will Intensify adverse effects on the safety, health, and welfare of the Town and Community arising partlculariy from additional demands on septic system, well water If pub/lc water Is not approved, Increased vehicular traffic to and from the site In a high-traffic area and multi- street Intersection. 2. The Density and Minimum Lot Size Schedule added to the Code January 10, 1989 provides than 80,000 sq. ft. of land area Is required for a two-famlly dwelling In the R-40 Zone and has no provfslon for reduction of this minimum requirement In cases where public water Is available. In vfew of this Code requirement, a Special Exception allowing such construct/on on a substandard lot does not promote and Is not In harmony with the general purposes of the Zoning Code. 3. The subject properly Is located at a hlgh-trafflc Intersection with County Route 48, New York State Route 26, and Sound Road, whiCh Is the Main east-west access route by transients to Orient (which Is also an Inter-State Ferry Transport area for Long Island travelers). Although the driveway Is proposed along Sound Road, additional vehicular traffic will exit onto the Main Thoroughfare whIch Impacts vIsIbility for pedestrians and vehicles at this Intersection. 4. In summary, the granting of this special exception will result In a violation of health, safety and welfare of the Immediate community due to: (a) very close access at an Intersection of County Road 48 and State Route 26, and access from Sound Road, a town ~ Page 5 - May Appl. # 4525SE : Southold Town 19, .8 1000-35-1-8 (Petikas Board of Appeals . Sp. Exc.) street; (b) addiUonal overcrowding of the land which is substandard in size at 21,000+- square feet when the Zoning Code mandates 80,000 square feet for two-family dwelling use; (c) undue Increase on a fragile groundwater supply either through public water or domestic weil water. RESOLUTiON/ACTiON: Goehringer, It was RESOLVED, to DENY the Special Exception, for the reasons noted above. On motion by Member Tortora, seconded by Chairman VOTE OF THE BOARD: A YES: GOEHRiNGER, DINIZlO, TORTORA, COLUNS. (Member Horning of Fishers Island was absent and exc .) ThiS. ~ Re .on w s duly adopted (4-0 of the members present)). {// ERARD P. GOEHRINGER, CHAIRMA Approved for Filing ***********)..............1.:............******** RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK HOURif:~Dt'~ Town Clerk, Town of Southold " . . APPEALS BOARD MEMBERS 1 Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED AND FILED B' THE SOUTHOLD TOWN CLERl WE.J;!.27)'1~ HOUR If: 4.0 p FINDINGS, DEUBERATlONS AND DETERMI REGULAR MEETING OF MAY 19,199 Appl. No. 4526-V THEODORE AND MARIA PETIKAS TAX MAP PARCEL 1000-35-1-8 STREET & LOCALITY: Comer of Routes 25 and 48 and Sound Road, Greenport DATE OF PUBUC HEARING: March 23, 1998 and May 14,1998 I. REQUESTS MADE BY APPUCANTS. THEODORE AND MARIA PETlKAS. for Town Clerk, Town of Southold A) Area Variance to Article III, Section 100-30A.3, to the Bulk Schedule for Residential Districts, and to the Density and Lot Size Schedule for Residential Districts of the Code of the Town of Southold for pennission to construct and establish a detachltf two- family dwelling on an undersized nonconfonnlng lot containing 21,483 sq. ft. in a R-40 Residential Low-Density Instead of 80,OOO'sq. ft. minimum as required fortwo-famlly dwellings (R-40 Zone requires a minimum of 40,000 sq. ft. for single-family residence). B) Area Variance to Article XXIII, Section 100-231 of the Code of the Town of Southold for pennlssion to erect a (6) six-foot height fence in a front yard area instead of the code- limited (4) four-foot height, beginning at the west front comer of the property and extending easterly 100 feet In length along the front property (along County Route 48). C) SPECIAL EXCEPTION under Article III, Section 100-31-8(1) of the Code of the Town of Southokl for pennlsslon to establish two-famlly use In a proposed two-story dwelling on an undersized 21,483 sq. ft.lot In the R-40 Low Density Residential District. This reauest Is add,..c:c'KIln a seoarate decision 11. PROPERTY FACTSlDESCRIPTlON: The property Is located In a R-40 ReSidential Low Density District on the northwest comer of County Route 48 (North Road), (State Route 26) and Sound Road, Greenport, Town of Southold. The subject property contains a total area of 21,483 sq. ft. The lot size as exists is substandard and nonconfonnlng for this R-40 Low Density District, meeting only 62% of the lot size requirement. Applicants' proposal Is to erect a 48 ft. by 28 ft. two-story, two-famlly dwelling on an unimproved lot which has frontages of approximately 200 ft. on Route 48, and 100 ft. on Sound Road. The proposal calls for a single point or driveway for vehicle access from Sound Avenue, a front yard building setback of approximately 110 feat from Sound Road, a minimum front yard setback at 40 ft. from the County Route 48lNorth Road, and a minimum '. Page 2 - May 19, 1998 Appl. # ~ : 1000-35-1-8 (Petikas Var:ia"ms) Southold Town Board of Appeals of 20 fl from the closest (rear) northerly property line. The May 5, 1985 survey, amended May 9, 1985 and June 6, 1985,submitted under this application shows that the property was vacant In 1986 with the exception of a small shed, located approximately 24 feet from the property line on Sound Road,. This shed was at one time used to sell fann produce and no longer exists today. The property is unimproved. The 1985 survey also Indicates that an easterly portion of the property ,approximately 9,776 sq. fl, was zoned 'B' Business, and the larger westerly portion of the property (11,707 sq. ft.) was zoned 'A' Residential. The easterly portion of the property was rezoned in January 1989 to R-40 Low Density Residential under the town's comprehensive updac. of Its master plan and zoning regulations. Since January 1989, the entire lot was zoned Residential (R-40 Low- Density) in which a single.family residence on 40,000 sq. ft. minimum is required. Prior to 1989, the record showstt1atthe entire 21,432 sq. flpan:el was notbue1Mn zoned as indicated by the applicants' attorney in her recent testimony before the Beard. III. CODE PROVISIONSI8ASIS OF APPUCATIONS: 1. Building Inspector's February 10, 1998 Nlltice of Disapproval which reads: . ....the proposed fence exceeds four(4) feet in height, ArtIcle XXtu, IectIon 1Cl!!411, fences shall not ltxceed four (4) feet In height when located In the front yard of a residential zone." 2. Chapter, 100 "Zoning" under Article HI, SECTION 100-31-8(1) whIctI reads as follows: "Uses permitted by Special Exception" upon receiYing approval from the Board of Appeals: "Two family dwellings notto exceed one such dwelling on eaCh lot." 3. Section 100-30A..3 and Bulk, Area and Parking Regulatlons reeds: "No building or premises shaH be used and no bulktlng or pan tIlel!Iof shaH be erected or altered In tile Low-Denslty Rewldtidlild R-40 Zone D1l1t11ct unIeH the same confonns to tile requl~ of tile Bulk Schedule and the Parking SChedule, ~= ~f9"".:1r as If such _............,- set forth MNln lnfull. ~ BliNd . 4. Article III, Section 100-30A.1 provides for tile purpose of tile LowDeMltyRealdantial R- 40 District as follows: "The purpose of the Low~slty ReSidential Dis.trIct Is to provide areas for residential chMtloptnentwhere exltllftg r~mood Chanl... 111i..,..... supply and envtror.mental colldltions pentItt fuH development """"11 of ~ one (1) dwetung per acre and where open space 8fld agr\CUttUftII. pre..NMIon are not predomlnete obJectives." IV. FINDINGS OF FACT: The Board of Appeals has reviewed all information and evtclem:e ~ ~ It and based upon all testirnQlW, documentation, personallcnovJl.dge and ~r NIe1I8ntevldMlce, the Board of App.... flnCIS the foUOWIng ficltl to be true and relevant: 1. The applicants propose to construct and establish as a new principal use a two-t'amlly dwelling on An undersized nonconfonnlng lot containing 21,483 .q. ft. In a R-40 Residential Low density District (minimum requirement for a single family residence is 40,000 sq. fl, and for a two.famlly 80,000 sq. flls required). , . . Page 3 - May 19, 1900 . Appl. #4flt!bJ : 1000-:35-1-8 (Petikas Varia1ces) Southold Town Board of Appeals . 2. The minimum lot size required for two-family dwellings in the R-40 district is 80,000 sq. ft. Applicant's contend that the footnote "NA" in the "Density and Minimum Lot Size Schedule for Residential Districts" means that the 80,000 sq. ft. lot size requirement is not applicable (NA) if provisions of community water or water and sewer are made. Applicants' position is incorrect. A clear reading of the Town Code and as applied by the Zoning Board of Appeals, the Planning Board, and the Building Department, Indicates that the minimum lot size requirement of the specified district are not further reduced simply because town water and sewer are available. This intent of the code to double the lot-size requirement for two-family dwellings in the residential districts, AC, R-40, R-80, R-120 R-200 R-400, is clear and consistent in the Schedules of the Code. There is no reduction ( NA Not applicable) in the minimum lot size requirements in these districts. This point is further illustrated In the Schedule, which provides for specific lot-size reductions for two-family dwelling with utilities in the Hamlet Density Residential District and the Resort Residential District. 3. On April 5, 1985, when applicants purchased the properties, the entire parcel was split zoned: the smaller easterly portion of the premises (9,776 sq. ft.) was zoned 'B' Business, and the larger westerly portion (11,707 sq. ft.) was zoned A-Residential. Although applicants state that the property "was purchased as a business-zoned lot for $80,000 and it was greatly devalued by the subsequent rezoning in 1989," Town records confirm that more than half of the 21, 483 sq. ft. lot was resldentially-zoned at the time of applicants' purchase, and the residential zoning has continued for more than 13 years. According to the Board of Appeals File No. 3389, on July 31,1985, three months after Theodore and Maria Petikas purchased this lot (under one deed/metes and bounds . description) they applied for a variance to use a portion of the residential-zone of this lot for a proposed or possible business. After the public hearing on October 3, 1985 under Appl. No. 3389, the hearing was recessed by applicants' attorney and the application abandoned and discontinued by applicants. 4. On, January 10, 1989, the Town of Southold adopted a comprehensive update of its zoning regulations and master plan. The easterly buslness-zoned portion (9,776 sq. ft.) of the applicant's property was rezoned to R-40 Residential Low Density, and the westerly 11,707 sq. ft. portion was renamed or reclassified from A-Resldential to R-40 (with no change in minimum lot size requirement). 5. The applicant's 21,483 sq-ft. lot size meets only 26 percent of the 80, 0000 sq. ft. of the requirement for establishment of a two-famlly dwelling use. 6. The minimum lot-size requirements in the R-40 Residential Low Density Districts for two- family dwellings, and the intent therein, was noted by town's legislative actions in 1989 and clearly stated in Section 100-30A.1: "The purpose of the Low-Density Residential District Is to provide areas for residential development where existing neighborhood characteristics, water supply and environmental conditions permit full development densities of approximately one (1) dwelling per acre and where open space and agricultural preservation are not predominate obJectives." V. REASONS: On the basis of testimony heard and documents submitted, and after personal Inspection of the property, the Board further finds, and determines, as follows: Page 4 - May 19, 1998 Appl. # 45291 : 1 000- 35-1-4l (Petikas Varia1ces) Southold Town Board of Appeals 1. Grant of the area variance for the lot size will prod\.lce an un.slrable c'"'"'" In the character of the Oliighborhood or a detrltQent to nearlly Pl'OP4'rttes because the deI- of the variance is so great - a 74 percent reduction In the 80,800 sq. ft.mlnlmllm lot size requirement - that it constitutes an unwarranted over-croWdlt1g of an under8lzed nonconforming lot. 2. The benefit sought by the applicants can be achieved by some method feasible for the applicants to pursue other thaR area variances because the applicants can build a slngle- family residence on the lot without variances. Although the applicants seek to recoup a perceived financial loss Incurred In 1986 when the appI\canl$ ptm:IIasedlhls tand for a business purpose at a cost of $80,800, the record ~stnltn thatthe applicants knew at that time that the code required a mlt1lmum of 40,000 sq. ft. of land area for each. It1 addition, when the applicants purchased the property, the ZOning Code required a minimum of 160,000 sq. ft. for a two.famUy dwelling. 3. The requested variances are substantial. Applicants' request for a lot area variance represents a 74 percent reduction In the minimum code requlnHl1ent of 80,800 square feet. 4. The difficulty has been self created because the applicants _re aware of the status of the zoning of the property when they purchased It as a :, ' -:1..11 ~ISS 8Rd lUldeotial zoned parcel, lIOd that It WlS substandard and nonconf "11\'" fOr any ""..1\11II11 use In either district. The applicants couldhavel"!'J~a ddlomll.,.'btl from other muntclpal applications (SUCh as a use vartanceor a c~ Of zone) Iflhetntent - to _r a financial hardship, during any time period since 1985). 6. The difficulty Is further self-created because the applicants, by this special exception and variance prOject, &e!lk to recoup losses from 13 yta$ ago. WIlIIetNs BoIlfd recogntus that a two.famlly cIweIqng may yield a more profltatlle retW'll .tItaJ1 a ~~"J rest".ncs, no :~~~:~:~'::::::~ ':u~~~:-~"'; =1y~.=j1=:mot income derived from such permitted use. 6. The proposed vanance ~ have an a4l(lt....effect.... \mpact on the physicaIaod envlronmantal cOftdltlons ~.... ~be.......a twO.fluI1IIy d\J_1llJ on an undersized lot (21,4Q sq. ft.) wll ClOuI* fiIdIIc . wII..... ~""~.. to QIO.l.INl....from a dual septic system, and double the Intensity of land use. wNctl'ln Nm .... the neighborhood and Is contrary to the stated purposed ofthe'R~ R..ld..lltet LowOen8\ty District. VI. RESOLUTION/ACTION: On motion by Chairman Goehrtnger, seconded by Member Dinizlo, it WlS RESOLVED, to DENY the Variance requested as to lot size of 21.483 sq. ft. for a two- family dwelling use, for the reasons noted above, and BE IT FURTHER . RESOLVED, tG GRANT the Var\!ll1C8 as tG fence heIfht for a maximum of six feet for a 100 ft. length, SlJBJECT TO THE FOlJ.OWING: That all fenC\lllJ along C.R. 4tINorth Road Is limited to this 100 ft. length along or within the applicant's front Pl'OP4'rty line/yard. VOTE OF THE BOARD: AYES: GOEHRINGER, DINIZIO, TORTORA, COWNS. (Member Homing of Fishers Island was absent and This R Iv. adopted (4-0 of t..members present)). WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD . <<"LANNING BOARD MEMB~ BENNETT ORLOWSKI, JR. Chairman Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York II97I Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD FROM: Gerard P. Goehringer Robert G. Kassner, Site Plan Reviewer,tt TO: RE: Request for comments: T. Petlkas Riverhead Building & Supply M. Rosen Radio Tower Nextel Communications AMAC/ Former Empire Service Station T. Petikas Recommend that Suffolk County Department ofpublic Works be notified as we understand that road work is planned for Route 48. Riverhead Building & Supply See attached memo dated April 1, 1998. Rosen Radio Tower Board feels that Town Code Article XVI, 100-160, Wireless Communication Facilities applies to this use. Nextel Communications Board favors this collocation of antenna. AMAC/former Empire Service Station . See attached memo dated March 10, 1998 Attachments . . PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Zoning Board of Appeals Robert G. Kassner, Site Plan Reviewer# FROM: RE: DATE: Request for comments from the ZBA February 24, 1998 The Planning Board reviewed your request for comments at yesterday's work session. Please find the Boards comments in regard to the items scheduled on the Zoning Board's February 26, 1998, meeting below: R. Leonard SCTM# 1000-78-7-38 & 39 The Planning Board does not have any records on this property. M. Spiro & Others SCTM# 1000-110-6-11.2 & 5 The Planning Board has a file showing the approval on November 8, 1979, of a three lot minor subdivision. Lot # 11.2 is lot # 2 in this subdivision. T. McCarthy SCTM# 1000-70-2-8 The Planning Board had received a request of site plan waiver from the contract vendee, (Patrica & William Moore). The Board has agreed to the waiver request if the applicant will pave and mark the handicapped parking space and install bumper stops in the parking lot. . . T. Petikas SCTM# 1000-35-1-8 The Planning Board has a file on this applicant. The file references a Zoning Board action of August 22, 1985 & Planning Board correspondence regarding a preliminary site plan. Tonyes Realty Corp. SCTM# 1000-61-4-23 The Planning Board does not have a site plan application for the proposed addition. This is a non-conforming use in the Hamlet Business (HB) District. The Zoning Code does not allow a non-conforming use to be enlarged. Section 100-241 (A.) of the Zoning Code specifically states that a non-conforming use may continue indefinitely, except that "(it) shall not be enlarged, altered, extended, reconstructed or restored... nor shall any external evidence of such use be increased by any means whatsoever." The Planning Board is not in favor of this request. . . 'J ,{(j)l1ltf~ ~1u6 dA-~ Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning ~ <i>UffOl.t tl ~.~" ~ ~, ::> ;..c: Cl _ C/O ~ ,~ ;:J ~. :t-'" . ~l?t.. i<~~ APPEALS BOARD MEMBERS Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA FaX (516) 765-9064 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD INTER-DEPARTMENTAL MEMORANDUM TO: { X } { } { } Planning Board Building Department Town Trustees FROM: J. Goehringer, Chairman, Board of Appeals DATE: February 23, 1998 SUBJECT: Request for Confirmation of PB Action History and Preliminary Comments Please confirm whether there is any history of action(s) by the Planning Board for the property identified below, or any part thereof: 1000-78-7-38 and 39 currently of R. Leonard 1000-110-6-11.2 and 5 currently of M. Spiro and others .1000-70-2-8* currently of T. McCarthy {RD ZQnel 1000-35-1-8* currently of T. Petikas (two-ram11y prop.) 1000-61-3-23* currently of Tonyes Realty Corp. (re:/ zoning prop) HB zone Also, please furnish communications of record that applicants* may have had with respect to the general site plan layout and Possible changes to parking location diSCUSSed or any other areas which would assist in this planning project. Thank you. Enclosures: applicants*. Copies of preliminary maps for the (Tonyes was previously SUbmitted.) / above ID1E'~]~~!E!~ ~ 'v HI:S 2;1 ,..,;,J Southold Town Planning Board . WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD "'ilL .~~.~~\l~ru ,(C'~ ~ ,'~' :::,' ',' ~ Q - en . '"" '0* . ~." ~ ~OJ + "1-~~~ . PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman Town Hall, 53095 Main Road P.O, Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: RE: DATE: Zoning Board Office Planning Board Request for comment December 29, 1997 Appl. #4525 & 4526 - T. Petikas Sound Road & Main/North Road, Greenport SCTM# 1000-35-1-8 This property is located at a busy intersection. The proposal is to increase intensity of use, and the level of traffic on this parcel which is undersized, From a traffic safety perspective, this is not a good idea, The house size does not show on the property card (attached), ~ !l- j"- /- }" lWNER ~ TOWN OF SOUTHOLD PROPERTY RECORD CARD -..J !h-22 S (, r , , \ S, ; ISEAS, I - IVL. 311 IMP, TOTAL STREET VILLAGE DIST. SUB. LOT ~ - / , / ,~ /. ('_ -:1/ I ~ . ~...' ! __ _; . -_. I' .I :/ I, '~"'!' I;' i (fa aJ-;;. W ~ll~:odo\c ORMER OWNER -;::-:{' " r, !<" N 7/,! ' FARM !I J '\ y MI~.a' Mkt. Value (, { - ..,p(V5 CC' Cl #". I AGE DATE REMARKS ~,~ I /, j /00 /v 00 -H,L ....... L.{'rl r 'fI~ k,-J" "-.>Jrr\t..\~ ~ tf. '" -lo-:~ t.$.s \8~. \' (w'fq le,<,,' ) "":.";H,b;#-{ed ..... ".....1 H JEW ARM NORMAL BELOW ABOVE I II ""='- L ~O\Zl~Z7q - :5c-,r~ H:: -f", K,;,j'C",' I') \00) Acre Value Per Acre Value 110. !Iable 2 lable 3 )adland tal DOCK -----.. '~ /~ 'Y'fO-J\1""ocO '(I, \)~ ,1//, " ~.:..... I\S"..~.J! ~"(.,S't..,so /r I OrnlJl.uflJ --- '-' '-.::=- .-. FRONTAGE ON WAT FRONTAGE ON ROAD DEPTH BULKHEAD JSh land ,use Plot -.",'.-~,.-: S-7f M. Bldg. Extension Extension Extension Porch Porch Breezeway - ---- -1-. Go rege I ~;tio-I o. B. I Total I "-... ~E I - : I ! ! ! I : i -! I , , ~- ~-~ - - 1==-' ;- -- ! J TRIM .- .- -. ~ --. ' I: . , i ! i ' , ! ! I . I : , I I ! I I Foundation Bath Dinette Basement Floors K. -- Ext. Walls Interiar Finish LR. Fire Place Heat DR. - Type Roof Rooms 1st Floor BR. Recreation Roa Rooms 2nd Floo FIN. B. Dormer Driveway RECE"fF'n OCT 2 7 1997 '.- "_. , Town Clerk Southold TOWN OF SOU1110UJ, NEW YORK ^PPL I C^T1.Ql:lJQ~_SPE_~~^L__EX_~EPT [ON ^pl.ll ication No. '15::J5 Date Filed: !' TO TilE ZONING 130M[) OF ^PPE^LS, SOUTIIOL[), NEW YORK: tn Wi<: ;~'- c. Me,ore f'S () lIiYl1e.( '-fOt, (We), __M~r__ia &_ The().?~r:~'p,_e,t_~J:a_._s ___ _...._of 225 Stewart Ave. - --. . -- --Tl<e5Tdeiice;"lfOtise-No.and'StreelTno Bethpage, New York 11714 ----------'---.-'---(niiiiil~;-r;-ST:iiT:,,;'1 i ji -C()(l';:--Te leiif;ii"" -I'liiiiiliei: )--------------'---------'----- hl'r>lby apply to TilE ZONING IJU^RlI OF ^Pi'EN_S for a SPECl^L EXCEPTION in accordance with the ZONING ORDIN^NCE, ^RTICLE IlIA , SECTION lOO-30A.2(l!)SUBSECTlON for the below-described property FIJI" tlH~ following uses and purposes (and as shown on the attached plan drawn to scale): Residential/Two-Family Dwelling 21,483 sq.ft. parcel located in R-40 zone at corner of C.R.48 "North Road" and Sound Road SCTM# 1000- 35-1-8 ^, S ta tell1e~_ ,0 f Owne_r,~_J~iy__a,I~<!._I!~ Le-,~e_s,I:. Maria & Theodore Petikas . ... .. is(are) the owner(s) of propiirtjkno\.iil-ili,dreTerred"lcJilS' - Lot' 'at"corner'-oIRt:- 48 & Sound Road -----IHc)lise"No:-;---Srreer;lfamle t) 1000- 35-1-8 -rde-ilT m-ecroii-n;e-Suf folr-C()(I,iTiT;ix -M<ijis'iis'--fj lsfrrc['lTIUU,'-SecfIOtlJi= ,-liT oc k1:=-, Lot(s) L , which is not (Is) on a subdivision Mar) (Filed , "Map of- --- " Filed Map No. and has been appt'ovedl)ytlie sOliUiiirdTOwll'pl anilliiglloard on as a [Minor) [Major) Subdivision). The above-described property was aCfluil'ed hy the owner on 1985 13. The applicant alleges that the appt'oval of this exception would be in harmony with thz intent and purpose of sa i d zon i ng ord i nance and tha t the proposed use con forms to the standards prescribed therefor in sold ordinance ond would not be detrimental to pl'operty or persons in the nc'ighhclI'hond fclI' till' following reasons: The use of the property will continue to be residential and the house will externally 8ppear like a single family residence. The property is accross from a restaurant (LB zoning) and RO zoning, with a busy intersection. C. The pt'orJerty which is the subject of this al'pl icatinn is zoned r-~9__________, alld [I is conslst~nt with U", IIsds) descl'ibod In the Certiflcoto of Occupancy being furnished herewith. [ ) is not consistent with the Certificate 'If Occupancy being furnished herewith for the following reason(s): [x] is vacClnt land. COUNTY OF SUFFOLK) ST^TE OF NEW YORK) sS.: /~ -(~~ :b,'l' Patricia Sworn to before me this :;It:). day of ~~ , I~7 . (&~~~:,-- MARGARET C. RUTXOWSKI ZIl2 (rev, 2/6/B6) NOI"YP':-4~:1~~~NOWYOlk O"li~'" in Sullol1< County Q '" c:,.:m E:;piro'3 Jun'} 3. 19 L I C. Moore, as attorney . Reason for Appeal continued zoning Board of Appeals re: Maria & Theodore Petikas Pursuant to Town Law section 267b-3 the Southold Town Zoning Board of Appeals is to analyze and asses the personal benefits anticipated by the applicant against the potentially deleterious effects that a grant of the relief requested would have on the health, safety and welfare of the effected -neighborhood or community. In performing this balancing test, the Zoning Board is charged with the responsibility to consider the five factors enumerated in Town Law section 267b-3(b). The variance should be granted for the following reasons: 1. No undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties, if the variance is granted. The parcel is located on the corner of county Route 48 and Sound Road. This corner was formerly zoned business because of the commercial character of the area. The proposed two family home will appear from the outside as a single family home, will be modest in size with a proposed footprint of 50 feet by 30 feet, and will use Sound Road as the front property line. The applicants would also request a fence along CR 48 of 6 feet in order to preserve the privacy of the side and rear yard. 2. The benefit sought by the applicant can not be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant purchased this parcel for $80,000 in 1985 because the property was commercially zoned, he would not have otherwise purchased a residential lot on a busy corner for that price. The two family residence will generate a greater return than a single family residence, and provide rental opportunities in the Town of Southold. 3. The area variance is not substantial The application of the balancing test weighs in favor of the grant of the variance. The property was at one time two lots which merged into one 21,483 sq. ft. Lot. The property has been single & separate since, at least, 1985 when the applicants purchased the property. The proposed building envelope of the residence will comply with all setbacks. .. . 4. The variance will have no adverse' effect or impact on the physical or environmental conditions in the neighborhood or district. The two family residence will have no greater effect or impact on the physical or environmental conditions than a similarly sized single family residence . . ~- , '-' 5. The alleged difficulty was not self-created. After extensive research to be sure that they had a commercially zoned parcel the applicants purchased this property not a residentially zoned property. The lot size was created in conformity with the other properties in this area. 6. The variance requested is the minimum variance practicable given the personal benefits anticipated by the applicant. Even with the lot size of 21,483 sq. ft. The applicant has located a structure which conforms to the R-40 area regulations. The lot has been less than the required one acre minimum since , at minimum, 1985. The applicants have suffered a significant loss with the rezoning. Even at today's values, a residential lot at this location is not valued at $80,000. We respectfully request that the appeal be granted, together with any further relief that is deemed necessary and reasonable. patre~ state of New York ) )ss County of Suffolk ) Sworn to this;j '/ day 61'" ocro6E.....'" 11''7 ~r1J....,-r-c?~~ . Notar Public MARGARET C. RtIT1IOWSKI Nol,1)' Pub1~. Sial. 01 Now York No. 4982528 O",I'~.-! In Su"oIk County DQ ::':'-,,~,:I",':'I E:-:plros June 3, 19..! , . .. . . .......~./.. .::'.1, '/ ~.- RECEtVl="n OCT 2 7 1997 1-" ( 1,_, /,.., '.:-1 lown Clerk Suuthol~OW~1 OF SOUTIIOlD. HEW YORK APPEAL NO. LI~'" DATE .../..f?);?7/'!Z APPEAL FflOM DECISION or- l1UILDI~IG IHSPECfOR TO THE ZONING [JOARD or- APPEALS. TOWN or- SOUTlIOLD. N. Y. 1. (We) .~ll..r.~.a...~...:r.h.E!.()~.o.~~...r..e.t:i..~I!-.~....... of ...h.?:?...~.~.~l'?.a.~.t...'!:~..........bL\..r.~lr:k\r..(..I't~(e {I ~, f'Jollle of Appellant Strl'!et ond t'-Iumber o.l,..rn.p,! Bethpage, NY 11714 ................................................................ .......... ............................HEREBY APPEAL TO ................... Municipality Stote THE ZO~IING BOARD Or- APpEALS mOM TilE DECISION or- TilE IllJILDING INSPECTOR ON APPLICATION r-OR PERMIT NO. .................................... DATED WHEREBY THE BUILDING INSPECTOR DENIED TO .................................................-.... . ,_. ....n.. u__ '__" n' u...... _. .... u.................. .............. 0_ nO.... Nome of Applicant for permit of ...,. Sf 'r'~'~t '~'r~~j "N~~~~i;~;"""""""'''''''''' .M;;;;i.~.i~;~ i i iy.................... Sf ~ i ~.................--.... ( ) PERMIT TO USE ( ) pERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ..~~.~~.c:I...~.d..~...~...~~..~~......S.~~.~~~.~~........~.:-.~~.................. Slreel /lIallllet / Use District on Zoning Mop District 1000 Section 35 1J1ockl Lot8 Petikas ..__.........._.._.. ...._.._.._......____...._........... ........... Cut're n t Owne r Mop No. . Lot No. Prior Owner 2. pROVISION IS) or THE ZONING ORDI~IANCE APPEALED (lndicote the Article Section. Sub- section and Paragraph' of the Zoning Ordinance by number. Do not quote the Ordinance.) ^rticle IlIA Section lOO-30A.3 J. TYPE OF APPEAL Appeol I. mode herew;lh lor (please check appropriate LJox) (x) ^ VARIANCE 10 the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lock of occe.s (Slote of New York Town Low Chop. 62 Cons. Lows Art. 16 Sec. 2BOA Subsection 3 ( ) ~. PREVIOUS APPEAL A previous appeol (has) (has not) been mode wilh respect to this decision of the Building Inspector or wilh respect 10 this property. Such appeol wos ( X) request for 0 speciol perr"it simultaneously with this appeal ) request for 0 variance ond was mode in Appea,' No. ................................Doled ...................................................................... REASON FOR APPEAL ( ) ^ Variance 10 Section 280A Suusection 3 (X) ^ Variance to the Zoning Ordinance ( ) Is requesled for Ihe reo.on thot parcel is on a busy'intersection, previously zoned business. 2-family house is a residential use with some commercial benefit with no change to character of the area. Form ZDI (Continue on other side) . . . . ',"j" 9\)' "," --'.-- ~I.I __./ ~ , : ,,N I VV1./ ( 2bA- Flc.i; St-\ 6J t CT r:i cG ./ APPEALS BOARD MEMBERS Gerard P. Goehringer. Chairman Charles Grigonis. Jr. Serge Doyen. Jr. Joseph H. Sawicki James Dinizio. Jr. scon L. HARRIS Supervisor 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 Appl. No. 3943 Matter of GREG'S SEAFOOD DOCK & MARKETING, INC. Special Exception to the Zoning Ordinance, Article III A, Section 100-30 A.2 C(l) (100-31C), for permission to construct an off-premises sign. Off-premises signs are not permitted in this District. Property Location 69435 Route 48 & 55 Sound Road, Greenport, County Tax Map No. 1000, Section 35, Block 1, Lot 8.' WHEREAS, a public hearing was held and concluded on May 15, 1990 in the matter of the Application of GREG's SEAFOOD DOCK & MARKETING, INC. under Appeal No. 3943; and \~EREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members Have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the west side of Sound Avenue and the north side of Route 48, Greenport, County Tax Map No. 1000, Section 35, Block 1, Lot 8. 2. This is an application for a Special Exception from the Zoning Code Article III A, Section 100-30A.2 C(1), for permission to construct a off-premises sign. Proposed construction not permitted in this district. '\ill ~ lii ~ J]JJ~-- 1 2 - -. , J. 6 \UUI . '.Il'-::;~"'-' Lf" I .1 \ (516) 765-1802 FAX (516) 765-1823 ..& . ,jP.:rr:::;:--., .-,~- _....-..."':';:."':1.. -'?':'\\:IT t;i ',' I' c.- r)Y:"-..I'~\,),,:"-ft.d)~'Q r.::;;.)" ":)' -"'.'!..'~ :"(:~-i- t-_:~.- ./.;.... 'f' -.. . ..,-.'-.'.. -.... - ,': .' ...,:,:':'." ,"' - 4~ r:!t"t--f~;;,z:: ~?,?, " " '.-,", ,..,..", ~. '~v .-, ~'--F-;r ~ fJ ",,;':::' . ~",.ii?, ,_':, '~v~' _~\ ,!j "~J~t;;?~ .. VICTOR LESSARD PRINCIPAL BUILDING INSPECTOR Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD February 8, 1989 Francis J. G1uchowski, Atty EAB Plaza Uniondale, New York 11556 Re: Suffolk Co. Tax Map #1000-35-1-8 T. petikas Dear Mr. Gluchowski: I received your third copy of the site plan for Mr. petikas on January 30, 1989. I regret to inform you that Southold Town adopted a new master plan on January 10, 1989. In so doing, the Petikas property has been changed to R-40 (one acre zoning). This makes it impossible for me to now certify the project site plan, as it no longer meets the requirements of R-40. If I can be of any assistance, don't hesitate to get in touch with my office. Very truly yours, SOUTHOLD TOWN BUILDING DEPT. {.~- cL~~ Victor Lessard Principal Building Inspector VL:gar ~III:>I~ ReTuf'<\e6.. A~. G-IIlC\"OWSK\ 'c;. ~ 'Mo.~ ",..-l, yC"\ 1oa.cet\l" 6- \e~e~ . \J \c . C; c...\\ . , cc to: J. Schondebare Town Attorney , . HOWARD K. FINKELSTEIN PIERRE G. LUNDBERG FRANCIS J. YAKABOSKI FRANK A. ISLER SUSAN POST ROGERS SMITH, FINKELSTEIN, LUNDBERG, IsLER AND YAKAB r.-,..lli [!; [~U - ':U -lli~ :: ATTORNEYS AND COUNSELORS AT LAW I U L~_'7 -1_~~ !, SOUTHOUJ TOWN PLANNiNG BOAl-W : __'m~." REGINALD C. SMITH 4a6 GRIPl'ING AVENUE, CORNER OF LINCOLN STREET P. O. BOX 389 RIVERHEAD, N. Y. 11901 . (1516) 727-4100 GAIH G. BETTS FAX (516) 727-4130 11)26-1983 March 6, 1989 James Schondebare, Esq. SOUTHOLD TOWN HALL 53095 Main Road Southold, NY 11971 Re: Petikas Dear Jay: I have been called several times by Francis GLuchowski the attorney representing Mr. Petikas, regarding his clients parcel which is on the North Road, as you know, immediately to the west of Porky's Restaurant. The reason we we were called, of course, is that we represented the Town in the litigation commenced against the Planning Board which had resulted in a remand back to the Board and which now has been complicated by the zone change and adoption of the Master Plan. Mr. Gluchowski tells me that his client would like to negotiate some resolution of this matter with the Township and I told him that I would do just what I'm doing at this moment, which is to contact yourself so that you or Rob or someone in the Township can advise what the Town's position is regarding this parcel. Very truly yours, I "J FRANCIS J. YAKABOSKI FJY~ cc: Bennett Orlowski Southold Planning Board """"""'1;," '~:s/",..:t,,':~ -,_n'"_ "'.~," FARRELL. FRITZ. CA!MERER. CLEARY. BARNOSKY &.RMENTANO PFlOrES~:;A~=RATION ~t - fvv .JvjA :: ,: A A~ " UNION DALE. NEW YORK 11556-0120 tI cPV~"'~' - (516) 832-1000 TELECOPIER: (Sla) 663-0374 !r\\!1.... r" (6~ [~OW7~D..~ \ I).... "----,I! I [". DEG I 9 1008 1\ , ! \ '. ~ ' Ii: '. ..i'~...J' l ,j'... ii:dLO , --_......~,....'._- December 16, 1988 ROBERT V. OUlDO STEVEN L. HERRICK ANDREW .J. SIMONS CHARLES M. STRAIN WILLiAM O. WALL .JOHN O. CAEMMEAt!;R (IQ2B-IQ82) FRANK A_ FRITZ. .JR. (IGl24-I0&2j .. . &N M. ARMENTANO .JOHN .... BARNOSt<Y IGOR BILl!WICH JOHN P. CLEARY' GEOAGE .J. ,FARREll. .JR. DOLORES FREDRICH KENNETH AUERBACH ..JAMES A. BRADLEY MAUREEN DOUGHI!:RTY CHARLES M. FLE$:H STEVEN G. GAEBLER FRANCiS .J. GLUCHOWSKl MICHAEL.J, l-tEAl.Y .JUOITH HEPWORTl-t RUSSELL .J. KARPP I,AURA LAFACE.$APIENZA NATHAN LEVNER NORA M. LiNK .JOHN 1"". LYDON. .JR. .JACQUELINE M. MERSON .JOHN R. MORKEN GERI-lAROT M. NIELSEN WILLIAM S. PAPAZIAN CARLO W. TANZI .JAMIE BETH WOLLMAN COUNSEL SAMUEL S. TRIPP DAVID A. CAMPBELL .JOHN F. COFFEY .J. KEMP HANNON RICHARD KLUGHERZ LEONAAD L.AZARUS .JAMES A. MoYER .JOSEPH W. RYAN. .JR, 9082-01 OUR FI LE NO. Mr. Victor Lessard Office of the Building Inspector Town of Southold Town Hall 53095 Main Road P.O. Box 1179 , ;Southold, New York 11971 . Re: Site Plan M. and T. Petikas Dist, 100. Sec. 35. Blk. 1. Lot 8 Dear Mr. Lessard: First. I would like to thank you for taking the time to discuss this matter with me on December 5, 1988. I found your comments most helpful in coming up with a restaurant site plan which, hopefully, will meet all Southold Town zoning ordinance requirements. The ~ended site plan is enclosed. The plan is being submitted to you for certification as to whether or not the plan meets the requirements of all zoning ordinance provisions other than those governing Planning Board approval. Two copies of the site plan are enclosed; therefore. you can place the appropriate certification on one copy and return it to me, while keeping the second copy for your files. . I will summarize the changes which we have made to the site plan which was presented to you under our cover letter of October 17, 1988. The proposed restaurant is set back thirty-five feet from the property line for both front yards on this corner parcel. The rear yard setback is twenty-five feet. Restaurant seating capacity is proposed to be forty-five customers, and nine parking spaces have been allocated for patrons. A delivery area has been placed north of the building. More than twenty-five ",,~,,~~'?:~,O;', ." . . . . . Mr. Victor Lessard 2. December 16, 1988 percent of the site area will be landscaped, and we have added screening between our property and the Kartas residential property to the north. The proposed location of our identi- fication sign has been moved far from the corner so as not to impede visibility at the corner. The only traffic access way to the site has been located well over fifty feet from the intersection on Sound Road. Therefore. it is our understanding that New York State Department of Transportation involvement will not be required. I believe that the proposed site plan. as amended after our discussion on December 5. 1988. now conforms to all Southold zoning ordinances. However. you may recall that we also discussed the bulk area requirement with regard to this lot. While the tax lot has more than 20.000 square feet. only 9.776 square feet of the lot are in the B Light Business District. I believe you said that this was a condition which pre-existed before the enactment of the zoning ordinance. and. therefore. it may be possible to certify the site plan as conforming to the zoning ordinance. As I recall. you said that you would check on that point which will determine whether we have to go before the Zoning Board of Appeals or not. In any event. we await your determination. Thank you for your cooperation and courtesies in this matter. Very truly yours. ~/- Francis J. Gluchowski FJG/cm Encls. Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 AJ ;/~:'.:.~f,:T:~:;'>\ ,?<2/~" ')J,";~~ .....;.:2 ....... {'.e.. .....~....'.~.....'.... -=-. '.~ "':' (~ .'; ~'~:.>:>~\j~:{ ~ & \ '.r> ,* I ',.P, I""fj :1 .~. .'.~.':;:"."',i;, ,;/iffj". V~.I( -.. ~""", '--~,'_..t- '-.,~:, " "''''"'' ,> . ",,,./ '.,,-' -".y\ '>,~1{ , "\ "';,., '::-~:-':;::2~Y" . TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 9, 1989 Francis J. Yakaboski 456 Griffing Avenue P.O. Box 389 Riverhead, N.Y. 11901 RE: petikas Dear Frank: Enclosed please find a copy of the letter dated February 8, 1989 from Victor Lessard to Francis J. Gluchowski concerning the above mentioned parcel. Please contact the office if you have any further questions concerning the matter. eery try.ly,HO}ir~ / /_y 1- " /~~~'- ----. BENNETT ORLOWSKI, JR. I'~ CHAIRMAN VICTOR LESSARD PRINCIPAL BUILDING INSPECTOR (516) 765-1802 FAX(516) 765-1823 . Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD February 8, 1989 Francis J. G1uchowski, Atty EAB Plaza Unionda1e, New York 11556 Re: Suffolk Co. Tax Map 11000-35-1-8 T. Petikas Dear Mr. G1uchowski: I received your third copy of the site plan for Mr. Petikas on January 30, 1989. I regret to inform you that Southold Town adopted a new master plan on January 10, 1989. In so doing, the petikas property has been changed to R-40 (one acre zoning). This makes it impossible for me to now certify the project site plan, as it no longer meets the requirements of R-40. If I can be of any assistance, don't hesitate to get in touch with my office. Very truly yours, SOUTHOLD TOWN BUILDING DEPT. Victor Lessard Principal Building Inspector VL:gar cc to: J. Schondebare Town Attorney . FARRELL. FRITZ, CAEMMERER. CLEARY, . BARNOSKY & ARMENTANO PROFESSIONAL CORPOl=lATION EAB PLAZA UNIONDALE, NEW YORK 11556-0120 15161 832-1000 .JOHN M. ARMENTANO .JOHN.J BARNOSKY IGOR BILEWICH ..JOHN P CLEARY GEORGE .J FARRELL .JR DOLORES FREDRICH ROBERT V GUIDO STEVEN L. HERRICK ANDREW J. SIMONS CHARLES fYI. STRAIN WilLIAM 0 WALL TELECOPIER (516) 683-0374 _~~-'.- r~,~~_\ ~~, (r~ rn 11 ~f.~~~ r~~ ~ -:.:..--..::--., .JOHN D. CAEMMERER (1928-1982) FRANK A. FRITZ. .JR (1924-1982) . 2 11989 KENNETH AUERBACH ...lAM ES A BRADLEY MAUREEN DOUGHERTY CHARLES M, FLESCH STEVEN G GAEBLER FRANCIS .J GLUCHOWSKI MICHAEL.J HEALY ...JUDITH HEPWOFHH RUSSELL.J KARPP LAURA L"FACE-SAPIENZA NATHAN LEVNER NORA M. LINK ..JOHN F. LYDON,.JR ..JACQUELINE M MERSON ...JOHN R. MORKEN GERHARDT M NIELSEN WilliAM 5 PAPAZIAN CARLO W. TANZI ..JAMIE BETH WOLLMAN COUNSEL SAMUEL S. TRIPP DAVID A. CAMPBELL ...JOHN F. COFFEY ROBERT A. DONATELLI ...J KEMP HANNON LEONARD LAZARUS JAMES A. MOYER JOSEPH W RYAN.JR OUR FI LE NO. 9082-01 January 26, 1989 Planning Board Town of Southold Town Hall 53095 Main Road Southold, New York 11971 Attention: Mr. Bennett Orlowski, Jr. Chairman RE: Site Plan of T. & M. Petikas Dist. 100, Sec. 35, Blk 1, Lot 8 Dear Mr. Orlowski: As you may recall, this matter was the subject of a conference with you and the Town's attorney on September 28, 1988. Today I have completed our submission to the Town's Building Inspector, in triplicate, for his certification in accordance with the decision of the Hon. Joseph Colby, Justice of the Supreme Court, dated August 26, 1988 in the matter of Theodore and Maria Petikas v. The Town of Southold Planning Board, Index No. 4995/88. Therefore, in conformance with Town Code Section 100-133, I request that the matter of this application for site plan approval by the Planning Board be placed on the Planning Board's agenda for a meeting to be scheduled after fifteen days from today. Approval is hereby formally requested at the first Planning Board meeting scheduled after February 10, 1989. Please advise me of the specific date of the hearing. FJG: ft cc: Francis Yakaboski, Esq. Very t:;;z yours, ~SJ. c . . VICTOR LESSARD ~li!llI11lX:_blIlI_(jlll<x (516) 765.1802 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 October 2 I, 1988 ill &&~OW& m OCT248 SOUTHOLD TOWN PLANNING BOARO OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD Farrell, Fritz, Caemmerer, Cleary, Barnoski & Armentano, Attys EAB Plaza Uniondale, New York 11556-0120 Re: Site Plan: M&T Petikas Dist. 1000 Sec. 35 Blk. I Lot 8 Dear Mr. Gluchowski: I will try to respond to your letter and hopefully not make it too confusing. I cannot certify the site plan for the following reasons: I. The proposed restaurant does not conform to Bulk and Parking front yard set-back 100-31. 2. Section 100-12D dosen't allow legal encroachment into the 'A' Agricultural zone. This makes the light business area less than half the required area and should be addressed by Zoning Board of Appeals when addressing the set-back variance, to see if the area could sustain this intensified useage. ~ 3. Section 100-112 (I) might be considered to help relieve the conjestion. Board of Appeals okey to park in Residential Zone. 4. Section 100-112 J (2) No parking in front yard nor within 10 feet of rear or side lines. Most of parking in front yard. .. .. . . , PAGE "2" Farrell, Fritz, Caemmerer, Cleary, Barnoski & Armentano, Attys 5. Screening (100-112 K (I & 2) not addressed on site plan. 6. In redesign, if done, ingress and egress must be 50'-0"from intersection and on Sound Rd. or D.O.T. 239K permission required from state. Please be aware that the above is based on an initial review and may not encompass everything to be corrected before certifying Site Plan. Very truly yours, SOUTHOLD TOWN BUILDING DEPT. {;.~~ L <>-LiL, Victor Lessard Principal Building Inspector VL:gar cc to: Planning Board /' Zoning Board of Appeals -- . SMITH, FINKELSTEIN, LUNDBERG, ISLER AND YAKABO LQ) ATTORNEYS AND COUNSELORS AT LAW lJj] 4156 GRIFFING AVENUE, CORNER OF LINCOLN STREET ~@mowm SEP - 9 I!BJ rn P. Q. BOX 389 (1516) 727-4100 HOWARD M. PINKELSTEIN PIERRE O. LUNDBERG FRANCIS J. YAKABOSKI FRANK A. ISLER SUSAN POST ROOERS RIVEHHEAD, N. Y. 11901 REGINALD C. SMITH 1926-1983 September 6, 1988 Bennett Orlowski, Jr., Chairman Planning Board Town Hall 53095 Main Road Southold, New York 11971 Re: Southold v. petikas Dear Ben: Enclosed please find the Court's decision dismissing the petition. As you will see, the Court suggests that the petitioners first apply for certification of the site plan by the Building Inspector. We will be preparing a judgment for the Court's signature in t::~r future. . :t~ /trulY youriJ] d3 ,,) t7Jo/ .. . FRANK A. ISL"ER FAI:knm enclosure cc James Schondebare, Esq. w/enclosure o o \VI m ~ . . INDEX NO. 4995 1988 '.HJ SEP - 9 1988 SUPREME COURT - STATE OF NEW YORK /~~L TERM, PARTXX SUFFOLK COUNTY Pres nt: SOUTHOLD TOWN PlANNING BOARD JO H COLBY Justice MOTION DATE March 30 ad]. b-J-tHl MOT D 1988 MOTION NO. PL TF'S/PET'S ATTY: APPLICATION OF THEODORE AND MARIA PETIKAS, Petitioners, FARRELL, FRITZ, CAEMMERER, CLEAR, BARNOSKY & ARMENTANO, ESQS. EAB Plaza Uniondale, NY 11556-0120 FOR JUDGMENT PURSUANT TO ARTICLE 78 of THE CPLR -against- Upon the following papers numbered 1 to DEFT'S/RESP'S ATTY: SMITH, FINKELSTEIN, LUNDBERG, ISLER & YAKABOSKI, ESQS. 456 Griffing Avenue Riverhead, NY 11901 read on this motion THE TOWN OF SOUTHOLD PLANNING BOARD, Respondent. i\lotice of Motion/Order to Show Cause and supporting papers and supporting papers ; Answering Affidavits and supporting papers Replying Affidavits and supporting papers Other hellrin9" -eo~1- in- -Suppol t of- -end- -opposed-to-the- motion) it is, Notice of Cross Motion (lfrrci lff'f.rr-- ~1'lb!::~'fA\rlxt1mXffl1StilSn By this Article 78 proceeding, petitioners request that the determin- ation of respondent which denied their application for site plan approval, be annulled. The subject parcel lies in Greenport, Town of SouthOld, consists of almost 21,000 square feet and is located at the northwest corner of Sound Road and County Road 48. The larger westerly portion of the lot is in the Residence A district, and the slightly smaller easterly portion is in the B Light Business district. A restaurant is permitted, in the B Light Business district, and it is petitioner's intention to place a restaurant in the easterly portion of the lot. This would be a "take out" restaurant with attendant parking facilities in the easterly portion. PetitionerS submitted a revised site plan to Respondent on December 19, 1986 and it was reviewed at a public meeting on March 3D, 1987. Thereafter, on May 19, 1987, petitioner responded at the chairman's request, to points of disagreement arising at the hearing. On September 2, 1987, plan, which was submitted llattid:l I I a Town planner asked for a further revised site on October 22, 1987. I I I , J I I IJ. S. cl I , I 31.158: ~ . , ., ........ ) . page 2 PETIKAS v. TOWN OF SOUTHOLD Index No. 88-4995 The matter finally appeared on the agenda of the Board on February 8, 1988, and by letter of February 17, 1988, Respondent denied the application. The findings of fact (petitioners claim not to have received these until the answer was served in the instant special proceeding), are as follows: 1. The site is 9776 square feet in area. 2. The zoning is B Light Business. 3. The required lot area in the B Light Business district is 20,000 square feet. 4. The site is located at an intersection that has been and remains the focus of efforts to reduce the incidents of traffic accidents that occur there. 5. The proposed use of a restaurant is an intensive use that is likely to generate traffic in this intersection. 6. The proposed building does not meet with the front yard setback requirements of the Zoning Code. 7. The site could be host to a less intensive use that conforms to the Zoning Code's setback requirements. Petitioners assert that, contrary to the Board's position, there is at least 20,000 square feet of area since there is only one lot, although divided zone-wise, that there is no encroachment of business use into the residential portion of the lot; that no evidence was offered at the hearing to justify the Board's conclusion that the incidence of traffic accidents at the site is sufficient to form a basis for denial of the site plan; nor was there proof that there would be such intensive use by reason of the restaurant being at that point, that it would generate traffic, and finally, the Board's findings of lack of sufficient front yard setback was not in its power to determine, since only the Zoning Board of Appeals or the Building inspector can pass on matters of such nature. DECISION Sec. 100-133(c) of the Town of Southold Zoning Code reads: C. The Building Inspector shall certify on each site development plan or amendment whether or not the plan meets the requirements of all Zoning Ordinance provisions other than those of this Article regarding site develop- ment plan approval. The subject site plan did not bear such certification and, as a consequence, the Board could not act on the application. Sec. 138 of the Town Law, referring to the Building Inspector, states, in part: j ~. ." . ... --. ~ page 3 PETIKAS v. THE TOWN OF SOUTHOLD Index No. 88-4995 "Such inspector shall have charge of the enforcement of such codes, ordinances, rules and regulations of the town and of the zoning ordinances of the town." Petitioners should apply to the Town Building Inspector for such certificate. If he requires literal compliance with the zoning code, and/or does not accept petitioner's argument that they have 20,000 square feet, further application may be made to the Zoning Board of Appeals. The petition herein is denied without prejudice to re-application to respondents should the zoning issue be resolved in petitioner's favor. In such instance, there shall be a de novo hearing on the site plan application for a restaurant on the B Light Business zoned portion of the subject property. This court finds no validity in petitioners' contention that the site plan should be deemed approved since more than 90 days elapsed following its March 30, 1987 meeting, without a determination having been made. Petitioners made no objection to the requests for further opinion by its counsel, nor for the submission of another revised site plan, and must be considered to have waived any objection based on the passage of the 90 days. This angle of the case is really rendered moot, in any event, because, without the Building Inspector's certi- fication, even a "deemed approval" by the Board, would be of no benefit to petitioners, and the latter, in fact admit that they "were in no position to act as if their site plan had been approved by the Planning Board." So too, no harm is seen as having befallen petitioners by their not having received the Board's findings initially. Settle judgment. Date: August 26, 1988 ~ ) , ~ F. !dd<M,- ~ Findinga of Fact for Theodore Petikas Proposal for Restaurant Site Plan February 9, 1988 1. The site is 9776 square feet in area. 2. The zoning is B Light Business. 3. The required lot area in the B Light Business district is 20,000 square feet. 4. The site is located at an intersection that has been and remains the focus of efforts to reduc~ the incidents of traffic accidents that occur there. 5. The proposed use of a restaurant is an intensive use that is likely to generate traffic in this intersection. 6. The proposed building does not meet with the front yard setback requirements of the Zoning Code. 7. The site could be host to a less intensive use that conforms to the Zoning Code's setback requirements. ) 33/ 1-- '6'- . SMITH, FINKELSTEIN, LUNDBERG, ISLER AND YAKABOSKI ATTORNEYS AND COUNSELORS AT LAW 456 GRIFFING AVENUE, CORNER OF LINCOLN STREET HOWARD M. FINKELSTEIN PIERRE O. LUNDBERG FRANCIS J. YAKABOSKI FRANK A. ISLER SUSAN POST ROGERS P. O. BOX 389 RIVERHEAD, N. Y. 11901 (516) 727-4100 REGINALD C. SMITH 19la6-198:3 March 29, 1988 Valerie Scopaz, Planner Southold Town Hall 53095 Main Road Southo1d, NY 11971 Petikas v. Planning Board Dear Valerie; Please prepare and forward at your earliest convenience copies of all materials in the above referenced file so that we may begin to prepare the return for submission to the court in connection with this matter. Mr. Schondebare prior to forwarding the papers along obtained an extension of time to the 27th day of April, 1988 for this matter so that we do have time to prepare our answering papers. Once we have the materials from your office, we will review them and will have time to consult further with you before preparing and submitting responsive pleadings. FJY/jp V~ry J:A~ F~IS ~. YA~BOSKI . . ~ FARRELL,FRITZ,CAEMMERER, CLEARY, BARNOSKY a ARMENTANO PROFESSIONAL CORPORATION EAB PLAZA UNIONDALE, NEW YORK 11556-0120 (5161 832-1000 TELECOPIER: (!:>16l 683-0374 J AN 2 7 ~88 January 26, 1988 Our File 9082-01 Town of Southold Planning Board Town Hall Main Road Southold, NY 11971 RE: Application of Theodore and Marie Petikas Gentlemen: This confirms that at my request, the above application has been rescheduled for February 8, 1988, at 7:30 p.m. at the Town Hall. Thank you for your courtesies. Very truly yours, ~//f;!'c~ Francis J. Gluchowski FJG:cw " . COFFEY, McBRIDE &: NIELSEN ATTORNEYS AT LAW .. ..,RECEIVED B'" Stinr"'Ln ,{,,,,, 'iL'I" '" vi'i"L U Ijllii f '",;'iii'S BOARD ---NnVl__ 1987 (516) 454-6700 275 BROAD HOLLOW ROAD, MELVILLE, N. Y. 11747 JOHN F. COFFEY OWEN B. McBRIDE GERHARDT M. NIELSEN JOSEPH C. CATALANO JUDITH M. SONNENBLICK. October 27, 1987 JAMES N. GEHRIG (1916-1971) CHARLES G. RITTER (1938.1975) \VILLIAM P. McHALE (1949-]983) "N. Y. ANO MASS. BAR Planning Board Town of Southold Town Hall Main Road Southold, New York 11971 Attention: Bennett Orlowski, Jr., Chairman Re: Application of Theodore and Marie Petikas Dear Mr. Orlowski: In accordance with my conversation with Valerie Scopaz of September 2, 1987, I am enclosing, herewith, the revised site plan of Theodore Petikas relative to property located on the Northeast corner of Sound Road and County Route 48 . According to my instructions, we have indicated on the site plan all of the property which applicant owns, although we are applying merely for the portion located in the Business Zone District. To the best of my knowledge, the parking is not in any way extended into the Residential District. The site plan also shows 25% of the area for landscaping and we have attempted, as much as possible, to install landscaping along the Sound Road frontage. I respectfully request that you consider this site plan and advise me if it will be necessary to attend any public hearings, and if so, the date, time and place of any hearing. JFC:jan Enclosure , SUCCESSOR TO: GEHRIG, RITTER, COFFEY, McHALE & McBRIDE . RECEIVED I M\U SUU1"UU\ 1U'tJ~ ~~ ~ ~UG 2 <'1 1987 - (516)454.6700 ______ DA1E COFFEY, McBRIDE'" OLSEN ATTORNEYS AT LAW 275 BROAD HOLLOW ROAD, MELVILLE, N. Y. 11747 JOHN F. COFFEY OWEN B. McBRIDE CRAIG R. OLSEN" GERHARDT M. NIELSEN KEVIN E. BALFE JOSEPH C. CATALANO JUDITH M. SONNENBLlCK" "N_Y, AND CALIF. BAR '"N_V, AND MASS. BAR August 20, 1987 JAMES N. GEHRIG (1916-1971) CHARLES G. RITTER (1938-1975) WILLIAM P. McHALE (1949.1983) Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Attention: Bennett Orlowski, Jr., Chairman Re: Application of Theodore & Marie Petikas Dear Mr. Orlowski: Apparently Mr. Theodore petikas and the firm of attorneys representing him in the above application have had some differences and, therefore, Mr. Petikas has requested our firm to substitute in the place and stead of Cron and Cron, Esqs. which formerly repre- sented him in this application. The last correspondence of which I am aware is a letter of April 27, 1987 addressed to you as Chairman setting forth the legal opinion of the firm of Cron and Cron relative to the applica- tion and interpretation of Section 100-22(d) which concerns single and separate ownership and the doctrine of merger. The case decided by Mr. Cron seems to clearly define when a merger has taken effect when two adjoining parcels come into common ownership, but each of such parcels is differently zoned. My client is anxious to proceed with his property and I would very much appreciate hearing from you relative to the decision of the Board on this matter. v?Qr11i-//EJ JJr:"~~ COFFEY JFC: jan $' v SUCCESSOR TO: GEHRIG, RITIER, COFFEY, McHALE /I[ McBRIDE . . j<k' fJ~\..~/~ . - MEMORANDUM TO: FROM: RE: DATE: ..FILE Valerie Scopaz, Town Planner fl~ Sdz lu.v ~s--f-1; August 2, 1987 The April 27th letter and the facts of the case have been reviewed by the Planning Board's legal counsel. The entire subject property, as described in the recorded property deed (Liber9777 Page 57), must be shown on the site plan, regardless of the fact that it is a split zoned lot. The Town's Zoning Ordinance provides for the extension of a less restricted zone into a more restricted zone, in those situations where more than fifty percent (50%) of the subject lot lies within the less restricted district. The subject property does not meet this criterion. (9776 square foot is zoned B-1; General Business; 11,707 square feet is zoned A residential and agricultural). THe general business zone is a less restricted zone than a residential zone. In order for the Planning Board to continue reviewing this application, a revised site plan must be submitted, which shows the entire property boundary. Second, the site plan should include: 25% landscaping, most of which should be placed between the proposed building and the two street frontages. *************************************************************** Mr. Coffey was contacted on September 2, 1987. The above information was discussed. He will take care of the revision. If there are any problems with siteA~sign, ~I told him to call me and I'd set up a meeting to~rk out yout. 4 Valerie Scopaz /~ 1-- z-t1 -.."".".,;."',...; _-~~:::,"~"""" ~T .' ',,- -"lg'S"' T- ----. . SMITH, FINKELSTEIN, LUNDBERG, ISLER AND YAKABOSKI ATTORNEYS AND COUNSELORS AT LAW 456 GRIFFING AVENUE, CORNER OF LINCOLN STREET P. O. BOX 389 RIVERHEAD, N. Y. 11901 HOWARD M. FINKELSTEIN PIERRE O. LUNDBERG FRANCIS J. YAKABOSKI FRANK A. ISLER SUSAN POST ROGERS (1516) 727-4100 REGINALD C. SMITH 1926.1963 May 19, 1987 Southold Town Planning Board Town Hall - Main Road Southold, New York 11971 Re: Matter of petikas Gentlemen: We have reviewed the law and the facts regarding the above referenced, and in particular the letter of Mr. Cron written to you regarding this matter. Without going into great detail, we write at this time to advise you that it is our opinion that the applicant in this particular matter has but one lot, and not two lots as claimed by them through their counsel. This lot is bisected by a zoning use district line with more than fifty percent of the use district in the A-Residential zone, and accordingly the provisions of our zoning ordinance will not permit the extension of the less restricted B-1 Commercial Business zone into the A-Residential zone as provided in Section 100-220. It is our further opinion that based on what we have seen thus far, you have no authority to proceed further on this sight plan review since we believe the Building Department should not certify the plans and refer them on to you. Very tiu. y yours, C /IJ( . / ,-.~ I "- FRANCIS J. Y~S~I ". I '''--.J ~ FJY,dkw cc: victor Lessard c.J'Y'" "0 ^' {-:;~~" . . ~ECENED. 1\ \ n \~~\\ ~\1I\\I.~ ~~tIW ~~~\~\JUl '907 l1.IJG 24 \ 0 aAn: (51 61 454-6700 OOFFEY. McBRIDE Be OLSEN ATTORNEYS AT LAW 275 BROAD HOLLOW ROAD. MELVILLE. N. Y. 11747 JOHN F. COFFEY OWEN B. McBRIDE CRAIG R. OLSEN* GERHARDT M. NIELSEN KEVIN E. BALFE JOSEPH c. CATALANO JUDITH M. SONNENBLICK~. .NY A.ND CALIF BA.R uN.Y. A.ND MASS. BAR August 20, 1987 JAMES N. GEHRIG (l91~1971) CHARLES G. RITTER (1938-191'5) WILLIAM P. McHALE (1949-1983) Attention: Bennett Orlowski, Jr., ,~kf/l~ ~rw:l-~ . Chai~n ~r ~ Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Application of Theodore & Marie petikas Dear Mr. Orlowski: , Apparently Mr. Theodore petikas and the firm of attorneys representing him in the above application have had some differences and, therefore, Mr. petikas has requested our firm to substitute in the place and stead of Cron and Cron, Esqs. which formerly repre- sented him in this application. The last correspondence of which I am aware is a letter of April 27, 1987 addressed to you as Chairman setting forth the legal opinion of the firm of Cron and Cron relative to the applica- tion and interpretation of section 100-22(d) which concerns single and separate ownership and the doctrine of merger. The case decided by Mr. Cron seems to clearly define when a merger has taken effect when two adjoining parcels come into common ownership, but each of such parcels is differently zoned. My client is anxious to proceed with his property and I would very much appreciate hearing from you relative to the decision of the Board on this matter. JFC: jan -we-cUJhJJJe- QY\ M.hu.P-- ~V. C)l~_dl ~ . - ------ - v~r~ru1~~urs,. ~. b:t~,7iiJc11~ J N F. COFFEY 'JCCESSOR TO: :OFFEY. McHALE & McBRIDE . . RECEIVED BY . SOUlHOUlI0WK PlMKIHG'iI\OW . - , ~E-&' ::). 134-5100 AREA CODE 516 Yluu Ii#- :Cum- a-nof :Cum- J1fai4z, ~ 90 ~_ .9$.1 ~~, A/ q; 11.9.1$-00.12 ~/ ~-- ,fi.- / ~-- . . ~1G1/ ....~.~... g~~4~4 .f#MA/'ff ,J ~.,..; t'1..u{., _'W~ JU7.f July 23, 1987 Bennett orlowski, Jr., Chairman Southold Town planning soard Town Hall - Main Road Southold, New York 11971 Re: Application for Site plan Approval-Greenport Theodore Petikas Dear Mr. orlowskI: This is to apprise the Board that our office no longer represents Mr. & MrS. Theodore Petikas, as concerns the above referenced application. please forward any correspondence concerning this application directly to Mr. Theodore Petikas, 257 Stewart Avenue, Bethpage, NY 11714. Very truly yours, JJC:e ~.oo ~~22-- J. cr~ ~ J" . . "!,, 9(\" .' [\ ,. . . 734-5100 AREA CODE 516 ~g#- ~ton- and ~ton- ~~ 91J gg_ .9fJ ~~/ JY.:Y II.9Jf.OOJ2 y~ -#-,r; ~ 04,' 5#00 JY'II: ,a .'if..., g~, y~ 12675 ~/ 5fr- fi-- / 5fr- . . ~JY:P:' and~. ~... April 27, 1987 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall - Main Road Southold, NY 11971 Re: Application of Theodore & Marie petikas Dear Mr. Orlowski: The purpose of this letter is to address the Board's incorrect interpretation of Sec. 100-22D; and to explain the state of the law in New York as concerns merger of adjacent lots in different use districts held in common ownership. First, as regards the alleged issue of the merger of adjacent properties in two separate use districts, as stated in Hemlock Develotxnent Corp. v. McGuire, 35 App.Div.2d 567 (1971), "a merger is not effected merely because adjoining parcels come into common ownership". In fact, it has been the undisputed law in the State of New York that, not only do lots in different adjacent use districts fail to merge because of COlllllOn ownership, the lots are deemed to continue in single and separate ownerShip regardless of the common ownership; as ownership of both does not constitute a true merger. 12 N.Y.Jur.2d Buildin~ zoning, and Land Controls, Sec.149; 2 American Law of zoning 3 Sec.9.67; As further stated in Creamer v. Board of Zonin Is of the Town of Hempstead, 16 Misc.2d 676 at 679 Sup.Ct.Nass.Cty.,196: ~. . . J;n.tbe otlin:i.<jX1.of this C9urt, the language any ad]o1.m.ng ~ano 1.n the ord1.nance contemplates any land in the same use district (emphasis in original) which not only abuts on, but can be used in conjunction with the property in question." Therefore, the common qwnership of the two separate lots in the different use districts does not 'effect a merger of the properties into one single lot; but rather, tl1e separate lots continue in single and separate ownership in spite of the common ownership. ~~ly~7 t' . . . . . Bennett Orlowski, Jr., Chairman April 27, 1987 Page two Turning to the Board's interpretation of Sec.10o-22D of the Town Code, it is the applicants' position that the hardship provisions contained in that section are inapplicable to this application, as both lots may be used for the purposes they were zoned for without resort by the applicants to this provision of the Code. Furtherrrore, the attenpt by the Board to force a more restrictive use (A-Residential) on the less restrictive (B-I-Commercial) lot flies directly into the clear meaning of the section and inposes a hardship on the owners of the properties not intended by the Code. The clear meaning of Sec.1Do-22 recognizes the hazards of split lot zoning ann it makes spE'cial provision for relief from hardship in cases where lots are split either by necessity or inadvertence. This is done so as to alleviate the need for a variance and our ordinance allows the landowner in specific cases the right to extend a less restrictive use (B-1) into the more restrictive one (A), and certainly not the reverse situation, as proposed by the Board. As in all matters involving zoning restrictions and regulations, they must be strictly construed against the municipality which seeks to enforce them. Thomson Ind. v. Incor rated Vil.of Port Washin ton North, 27 N.Y.2d 537 1971 : Matter of 440 East lO2nd St.Corp. v. Murdock 285 N.Y.298 (1941): and any ambiguity in the language used in the regulation or restriction must be resolved in favor of the property owner. Matter of Turiano v. Gilchrist, 8 App.Oiv.2d 953 (1959) There is absolutely nothing in Sec.1Do-22D which requires nor allows the more restrictive zoning (A-Residential) to be forced 30 feet into the less restrictive use of the B-1 COIIIIlercial Zone: to attenpt to interpret Sec.lOO-22D as permitting this conclusion contradicts the clear meaning of the words of the section, and what hardship it attenpts to avoid. I would, therefore, again request that this letter, along with the application, be forwarded to Mr. Tasker for his review and opinion. Very truly yours, CRON and CRON, ESQS. JJC:e cc: Robert W. Tasker, Esq. Mr. & Mrs. Theodore petikas ~. (2 ~J.~~. . . . . T D Southold, N.Y. 11971 (516) 765-1938 April 7, 1987 Mr. James Cron Attorney at Law Main Road Cutchogue, NYl1935 Re: petikas site plan at Greenport Dear Mr. Cron: Enclosed are copies of the minutes from the March 30 Planning Board meeting with regard to the above mentioned proposal, as per your request. If you have any questions, please don't hesitate to contact our office. Very truly yours, c ehc; BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLPI TOWN PLANNING BOARD I:>I1()AO fJ\.~ Yify-DTane M. Schultze, Secretary . . MAR 3 ~987 . 734-5100 AREA CODE 516 ~ 1ffl- ~to?v and ~to?v ~~ 9" fl. 9_ .95.1 :C~I JY. ~ //.9.15-00.12 Y~~/f~4 .H/~O /f/'Ir ?&If ~....t .L1~, y~ Jl6'1f ~/ 5,f""" ~/ 5,f"",,' . ~ /f/~ a..d.n. ~".. March 26, 1987 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall - Main Road Southold, NY 11971 Re: Site plan for Theodore & Maria Petikas Dear Mr. Orlowski: we have received numerous cOllplaints from our clients regarding the delay in the Planning Board conducting a field inspection of the proposed site plan which was reviewed by the Board at its meeting of February 9, 1987, at which time the Board acknowledged that a field inspection would be made prior to any further review of the proposal. Since the date of that meeting this office has contacted the office of the Planning Board ona number of occasions inquiring as to whether the field inspection had in fact been made, so that the matter might again appear on the next scheduled agenda, following an inspection. This instant date we again inquired as to whether a field inspection had been made and were advised that, up to this date, none had taken place. In light of the fact that almost eight (8) weeks have elapsed, in which a field inspection might have taken place, we believe that steps should be illlllediately taken to conduct the inspection so that this matter can proceed to an orderly determination. You can appreciate, I am sure, that my clients have been substantially jeopardized by this inordinate delay. In light of the foregoing, I should appreciate your illlllediate advice as to when we may expect the field inspection to take palce. r{]t-*\ ^vt ~ ~ RJC:e cc: Mr. & Mrs. Theodore petikas T . . . -~ LD Southold, N.Y. 11971 (516) 765-1938 February 11, 1987 Mr. Richard Cron Mr. James Cron Attorneys at Law P.O. Box 935 Cutchogue, NY 11935 Re: Site Plan for Theodore and Maria petikas DearMessrs. Cron: The above mentioned site plan was reviewed by the Planning Board at the February 9, 1987 meetings. Please let this confirm that the Planning Board will make a field inspection prior to any further review of the proposal. If you have any questions, please don't hesitate to contact our office. Very truly yours, ~ OA~0Ju)C},~ BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary ,I ^ ~~ ' ,~ ~ ia ~ '" , nnf Iii:, it' q: 'i ~ l n:p~ '.- : t \ ~ l~:" ,"! 1 r--' . I i; ngp P!,'i: - ~ ~. ~ ~ : l , III ,I, : '\ i Ii ~ - " ,- . - :-; ~ : ; ~ , . , ~ mm, 'i:(::- " ,; " -1, 0..' 'I '@"I i "oj -r :~);\ . \ --+- ?_iii . ~ ' l' f' :It ~ ~@ "n ~ ~ ----\---- --~..---- . ~J I' . , , ~~. ~~.~""..11'.~ ~..~);I;';'.". I ,,:';!t'i:t~::r1.)1 ' .n Ole 110'" ..\ .,...._~ 'f' '. 'JI -"' .. r It z , ;~ ~: ",,"} i;(i~ 'i "'~J .~ . ..' .' ." I-'-- \: ( t. ':o....~ , o / Sr \~".- I \ . ~ ~~~;'7'i" ~:.[j~T~."" . > :: ~" ;; '". ~~. ~;:o~:::.j:.'" ,. ;.,. 1:.:.'1::. e [ lIS 'I ";: , '. ~ <I_'''~ 1, i~ /"1--- ..- \ I '-: ~ " I .. / ~t --A 00, \ ~.. ~f. /"",, '.", , \t., . , f''' ,<' ,il. ;~..;..:. \~ \ r /rf ,J ,'-J,; - /- J~ TO~N OF SOUTHOLD, PROPERT! _ RECC?R~ CARD _ C:WNER ~ _, .- - J5TR:rr" ,--+ VIL~GE ~ -~.., ~~ SUB. L8.epdoye [--'02+1 kas..fl"lf.i /, t': ' "/'I~~;' .. ':.!'..,:/___.l_0-~ F~~1~~1~ERR-,~~Y-+a '1 I Nt<:..dX-ta5_:-L)HQ .LJ,r~, ,~:'_.f 4.~J ~L1~_~.~<J..L__.__~_.~_____~ . :. - ---.----( ,: j"', JS_l?' . ~ _' (/~;, __ J Wl<CI"I-i~ J ~ =:~~:~~~ILDING RES, , __rEAS, _I VL _____+~RM ____~ COM~,____~~~IS,3Ci2.'_ Mkt_ Value LAND IMP. TOTAL: DATE REMARKS ~U-.5: 'i! f. , +0 -"'=__-'--1____ \) "nb~':;rr-:3;;1-5~Clt<>\"-s R=.af+rs.-6~<;:s -~ '_ /? tJ U 1__ /0 U ~ ~k4' L<:J-r06 f' ;::.es -S~.c:-' (<:>."" -k, S~G-Y+-MI Hol.dLt:L'J -r;,L -;J () j i /'; /") A~ .1.97'7rf'~7'f.5?':n+"h ..f,,-, Pe+r'k<1s ~~OC.X:L;' __~ _ __~_ 1#2 -l--3~4';r~.8- KY'3~"""'iskl -:k_S/-r_,;u.~.:;.i...""r(w)f~ fO~)___ .. I c......b...ed ~ U eY' Yo I odland I ! --- I ! mpland FRONTAGE ON WATER I sh land ! I FRONTAGE ON ROAD ;:/ () 6 I ~ /cJ I , ' ~:-:-~;:-::-T __n__ I I DEPTH I I~/ u~t:: FIVl i ~ " - , .~ - "- I -- BULKHEAD I i ~------ -.-- AGE I ~, I - ---, ----f' Tillable 1 -------------.'.- T.le 2 -- I Tillable ~ We Swa Bru Hu ,/11-22.. LOT BUILDING CONDITION ''1'';#1:3'' L ~O\Zr-.27~ -5--,(",~H'j ..k, )(';'5(1""'/'5 \00) I NORMAL I' Acre . I I ~ BELOW ABOVE Value Per' Acre Value -+= Total I DOCK , L II'jL__ ,(. / ..) /. 1 I "'1 '51~':- ,1, ',,'~, ...----\..::.... . /.'..-.-\ ....' ~.;..,.:;\ ,..:..\ ,,' .... '9:.... '-:"",<, ~~:;?f '<.(~:,;!,.'~~ V lDOO Section . 03500 Block 0100 Lot 008000 ....\ .\ ) \ , ..- ------------..--0;0... .-,~--,- .-- --_J_ I~LF!J rn (hLi::). . . t:.'. ,) . ) ,:{, J :.H~ -')L",d~"l :\',Y I\'j I.' fUln! !Wjl~ -2U\1 --lI,oHl!l~lll ~ll<l ~~le 1)...,<1, willi C:I,Vl:llilnl, as'",irut Lldnl"'" ,\clI-lndlvidu:a1 ur COlpu...liUI\. (tinKIt' ,heel) CONSULT YOUI LAWnl.EFOI. SIGNING TitlS INST.U...N:;'THIS INSTlU...NTSHOULD.. USED ~:~nls ONL~ THIS INDEN11JRE, made the .srJl day of ~I ,nrneteen hundred and elghty fl BETVVEEN SPARTAN HOLDING COMPANY, a Florida Corporation, with of ices at 16159, laurel Dr. Ft. Lauderdale, Florida. DISTRICT S!~'-::T10N BLO':K LOT party of the first part, and ~ CBii5J rn rn rn o:::m [DC) · 12 17 21 ; . Theodore Petikas and Maria Petikas his wife, both residing at 257 Stewart Avenue, Bethpage, NYli~~ party of the second part, WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. l ALL that c~rtai.n plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, Iyrngandberngrnthe North of the Village of Greenport, Town of Southold, ounty of Suffolk, State of New York, bounded and described as ollows: eginning at a monument at the intersection of the northerly line f North Road with the westerly line of Sound Road. From said oint of beginning. running along said northerly line of North Road South 74 degrees 39 minutes 30 seconds West 200 feet to a monument and land of Krzyminski ; THENCE along said land of Krzyminski North 27 degrees 29 minutes 00 seconds West 109.98 feet to a monument; Thence alongland of Krzyminski and along land of Brandi North 63 degrees 23 minutes 00 seconds East 97.77 feet to a monument; THENCE alomg said land of Brandi two courses: South 27 degrees 29 minutea 00 seconds East 29.53 feet to a monument and North 74 degrees 89 minutes 30 seconds East 100 feet to a monument on the westerly line of Sound Road; THENCE along said westerly line of Sound Road South 27 degrees 29 minutes 00 seconds East 100 feet to the Point of beginning. I This conveyance is made in the ordinary course of business of the Party of the first Part. 31~7'i' $....~~;....1;'. REAl. F.STI\TE APR 2 4 1985 TRANSFPR TAX SUFFOLK COUNTY TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets an,' roads abuttmg the above described premises to the center lines thereof; TOGETHER with the appurtenance, and all the estate and rights of the party of the first part in and t, said premises; TO HAVE AND TC HOLD thl' premises herein granted unto the party of tht.' ~e(ond part, the hdrs or su(cessors and assign5 of the party of the second part forever. AN D the party of the first part covenants that the par\y of the first part has not done or suffered anything wher~by the said premises have bel.'ll encumbtred in any way whatever, except as aforesaid. AND thl:: party of the first part, in compliance with St'ction i3 of the Lien Law, l"ovenants that the party oj the first part will receive the consideration for this conveyance and will hold thl~ right to receive such consid- eralion as a trusl fund to be applied first for the purpose of paying the cost of the imprnvement and will apply thl' sallle first 10 the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it reac\ "parties" whenever the sense 01 this indent.pre so requires IN WITNESS WHEREOF, the party of the first part has dul)' executed this deed the day and year lirst abon written. IN PRESENCEQF: SPA~TAN HOLDING COMPANY ~~~i:. R~CORQ~a r.> APR ~ W IIi' JULlfTTE A K'lic.,If/v".' e;. /'Jer. et S11/ioik g:~ . I . \ ".u id.) :.7,,- r-cp 7 ~~..~--- _ ,-.;.-, ;::;po If,"~,,; ",t' ,~~ :~ "" i. 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PO"kIH j , .s,h#CII $: 12 .sufld/nJ Zan e ~. ~ ~-...... -- - -~_.,- ----- ------ .~ '. ~ .tt ~'~E"" .'>'tAP . .~~ - ~..---."'---- ; . ,....'" 'p,.e",n'tls i.l i" '--._,-- :.~ )- _\ . ~ .'~, . . Jb ~ . ..<?, "'d\ . ., \ ..... , i:' " to: . '" . 'oJ' '." ~: ' " . '''G:. 80<7.'- --:y '-"; .';::r / , ! L / '~I $l~Ij""()tk.. C.:>uI'TI"f n,'X Porcel: 'OOO-Q3~;"-J>: 8(f;4n'j -- RECf:.\ f__:. ! Sf""I'" I, y. "i ' uUJ lULU Li~,jf f o.:"i~...1.l ;,.,.:,;; ~'198b l.... 0. ... .y. \; r, .;:~ ." I.. II .. ~ ::, l) -::j~ '" ::) , r I ! I --.,"1} .> ~1\ {),~ o .'} t- ~" . t:'- ~,J <. x . . # (P8'~.3COe:: 97.7., , f ,1 un"'l1p"4JII.:4 ,aNd v-f' pe r':J:.a:; .. .. . /" 1\.~'(.'i(4al.7 ZOr1t!! j!f) l {/, 707 S1. :':1'", /Ct""). ..;; n ., . " .,. -.t .~-. " <~, -:,C,""--: ~ ~ :: lI':.f ,__' ,. .:J I ./ (.; .j' ~ ..: ;7......; : >,,' ., N"'I":-. {..../..,~~: ""/';';;J"~"';' i-;;;efil:;.J~,'f"-!. .... Y: //7/4. 07", <U ... . L"",<t;fn <-_..,/c."c.~. __" , .j. j.i'" ; /: ..:t 1.'_.,; . \2'[ "I") .j- itr. ~l !~ ....' ~.); :~ 11): . '<CJr l' . 1,/ ~.7.;"~.., , :~- <, '--:-:---_ tV::> ...";f-O'It_ " "~:,"-:-. ,"- '~,....~-, ~J.(, <Ci;,t-- " , "4:';" 0' , l~ \)1 <:>; 'i ~; . ; 'J-I \)1 ~:\ ',.~ :~ ~ ~ ,...-:s ~" 'J ". ". " " ,0 1'1' {;, I. I <:. --. --, I .\l (). 't" q t (J ~.~ ~-<. -'7 " "~.O1:::~ .. ,,:....;;..; . ;;~. '. .:','. i J c:'rfr ~ " /., i/ .:.;JJq _, r ... 4: " " 'I '," "' , ' , " r' -.l~: , , " .? (J' " , , " .:..,~\ ... ')) . (~, , P"Oi',;, ~ ,;. r " '~ \ " .'t, '.1 I', I#C4.t. ~ qUJ': '~-'-';i'-"-.'\ r':J . --. b/ \ / r: ~i 'iO C7 /' ..{~ ~-+"-'t. 0), 7-~" -.... .... I . '''9' :i~- 0........ . 8~ .f, q7r"7r~;- ~'''~7... ~ '" '-'0-", .. .... , .. p D Southold, N.Y. 11971 (516) 765-1938 February 17, 1988 John F. Coffey Attorney at Law Coffey, McBride and Olsen 275 Broad Hollow Road Melville, NY 11747 RE: Site plan for Theodore and Marie Petikas Dear Mr. Coffey: The following action was taken by the Southold Town Planning Board, Monday, February 8, 1988. RESOLVED that the Southold Town Planning Board application for the site plan of Theodore and Marie construction of a restaurant located at Greenport. 1000-35-1-8. deny the Petikas for SCTMII If you have any questions, please don't hesitate to contact our office. Very truly yours, 6~ cr~ \~. y BENNETT ORLOWSKI, JR. CHA~N SOUTHOLD TOWN PLANNING BOARD cc: Francis J. .Gluchowski Theodore Petikas . T . LD Southold. N.Y. 11971 (516) 765-1938 January 6, 1987 Mr. Richard J. Cron Attorney at Law P.O. Box 953 Cutchogue, NY 11935 Re: Site Plan for Theodore and Maria petikas Dear Mr. Cron: Please let this confirm my conversation with Edna, of your office, on this date. The site plan for the above mentioned proposal has omitted certain site plan elements. (Plan dated December 12, 1986) Would you please have the site plan revised to include the following site plan elements: 1. contours 2. landscaped area 3. existing development, ie. street signs 4. number of seats proposed in the restaurant, to confirm the parking requirements. Upon receipt of six revised prints, we will schedule this matter on the next available agenda of the Board. If you have any questions, please don't hesitate to contact our office. Very truly yours, ~ O^--~j~~ BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary . . SITE PLAN ELEMENTS ~100-134 Town Code ~~: (~) ( V) (V'J ( V'" ) (0 ( "'" ( .........) (V') ( (,/1 (~ ( ) ( ) ( 1;'1 ( ~ (0 ( ) ( Y1 Cv" ( V"> (......, (v) Lot, block, and section number, if any, or the property taken from tax records Name and address of the owner of record Name and address of the person preparing the map Date, North arrow and written and graphic scale Sufficient description or information to precisely define the boundaries of the property. All distances shall be in feet and tenths of a foot. All angles shall be given to the nearest ten seconds or closer. The error of closure shall not exceed one in ten thousand. / The locations, name, and existing width of adjacent streets and curblines The location and owners of all adjoining lands, as shown on the latest tax records ) Location, width and purpose of all existing and proposed easements, setbacks, reservations, and areas dedicated to public use withinor adjoining property. A complete outline of existing deed restrictions or covenants applying to the property Existing zoning Existing contours at intervals of five or less, referred to a datum satisfactory to the Board Approximate boundaries of any areas subject to flooding or stormwater overfl, Location of existing watercourses, marshes, wooded areas, rock outcrops isolated trees with a diameter of eight inches or measured three feet above the base of the trunk and other significant existing features. Location of uses and outlines of structures, drawn to scale on and within one hundred (100) feet of the lots. Paved areas, sidewalks, and wehicular access between the site and public streets Locations, dimensions, grades and flow direction of existing sewers, culvert: and waterlines as well as other underground and above ground utilities within and adjacent to the property. Other eX~~i~ development, including ~ences, landscaping and screening iJ){. SiYeet ~ n.ct- ~ '("'f::::IJYf\. The location f proposed b~ildings or structural improvement The location and design of all uses not requiring structures such as off street parking and loading areas. The location, direction, power and time of use of any proposed outdoor lighting or public address systems. The location of, and plans for, any outdoor signs The location and arrangement of proposed means of access and egress, including sidewalks, driveways or other paved areas; profiles indicating grading and cross sections showing width of roadway, location and width of sidewalks and lcoation and size of water and sewer lines. OVER.. . . . Site plan elements cont. (HOO-134) ( ( ( ( ( ( ( ') ) Any and proposed grading, screening and other lands~aping includin~ tYP7~ " f locations of proposed street trees. rpk:VHirIij CU"Eil YlJ)-t- \ llc:VcQfCOI location of all proposed waterlines, valves and hydrants and of sewer lines or alternate means of water supply and sewage disposal treatment. ~ The all and ) ) ) An outline of any proposed deed retrictions and/or covenants. Any contemplted public improvements on or adjoining the property. If the site development plan indictes only a first stage, a supplementary plan shall indicate ultimate develoment. Any other information deemed by the Planning Board necessary to determine conformity of the site plan with the intent and regulations of this chapter. ) Mtd -h:> Kna.,.., ~~~ #' of ~ )~ ov-clev--b 't€CtulVe~~ . ,. it' d-'~. 'C/J '\. " ~.: '\'~~' 734-5100 AREA CODE 516 /? /~ f'~ DEe 22 1986 u~~u~ ~,~ 9 tJ ::J8p,r; /lS-Y {j~, ,A(.UJ/ ///l-YS.tltl-Y.! ,~kd ,/ ff'___ /-,/~' ',Lk.Y.'?!/ .....r,~. GJ_ 9'2:~ ~ 6y_ ~ ~.- ,f4?'t? .1.JI: ?<fd ~ P'I~k. ,9'~ .J?6'?? December 19, 1986 Benjamin Orlowski, Jr., Chairman Southold Town Planning Board Town Hall - Main Road Southold, NY 11971 Re: Proposed Restaurant, Greenport, NY Theodore and Maria Petikas Dear Mr. OrlowskI; With respect to my letter to you of October 16, 1986, I enclose herewith six (6) maps prepared by Roderick Van Tuyl, P.C., revising the proposed site plan to incorporate the proposed restaurant, together with all parking, in the "B" zone portion of the premises. I should appreciate it the Planning Board application. if this matter were promptly placed on the agenda of for discussion and resolution of the proposed Thanking you for giving this matter your prompt attention, I am Very truly yours, RJC:e Enclosures kt7~ -C4<C'-H and'-C~ . NOV 10 1986 . 734-5100 AREA CODE 516 ~,~ .9tJ fJ8~ .9.5.Y ~~, ,/f('?!/ //.9.Y.5-tltl.YP .~,/~ /~,/ ~4'eW' '~.r.:y. ......r.~. 91_ .9'~ ~ II' "I'I""'*<'......-~. 54tJtJ ./fl!' Nd (f~ ~f..h. .;,'J""", .31'6'71' November 5, 1986 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall - Main Road Southold, NY 11971 Re: Site plan for Theodore and Maria Petikas, Greenport, NY Dear Mr. Orlowski: We acknowledge receipt of your letter dated October 29, 1986 in regard to the captioned matter. Please accept this letter as your authority to formally withdraw any former site plan submitted on behalf of Mr. & Mrs. petikas and substitute therefor the site plan submitted to you with our letter of October 16, 1986. Thank you for your cooperation. Very truly yours, CROO}and CRCN, E ./ /-. RJC:e . T . Southold, N.Y. 11971 (516) 765-1938 October 29, 1986 Mr. Richard J. Cron Attorney at Law P.O. Box 953 Cutchogue, NY 11935 RE: Site Plan for Theodore and Maria petikas Dear Mr. Cron: We are unable to process the above captioned proposal due to duplicate applications in our office. We have in our files a proposed site plan for Nicholas Petikas which is for the same premises as the proposal you submitted. Would you please advise our Board of those principles involved and any information that might be pertinent to the duplicate proposal filed in our office. Thank you for your cooperation. Very truly yours, ~ Drf1:suJ~,\}v~ BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary -i _J . ~,Ct.b\' j~v ?U ~\ 00/ 41' \r~~ ~GLQ-\!- ~ . -~"". ":2;~" ". l' V~ 'f""iV.JJ'-" ........-:-n..... i..J.-" , \ ^1f{J \"oU.; \I'~,,:- \, 2/'~ ru..l:~, 'h0x0~C- .c" u- ('0 J) ! \'~\.'o'>\ Cc., , . ~TII(A~ 20 Jov c5c" fl?ClP0660 ='-'6 1<'- 40 --=--:.+tOV I ]'::>dE.L..ii'lc- ~CHE...t,;;;..uL,....c.. - 5c~...$ 4a-l::. J <. "'l-_,_-.r~.... LL~E.. IS ~~t2:M1T1ED IN B-ZOf-l€: sur \""/f'-L t-.JEl:::P,4 v.1e/A~ ~:>e- ~1<;;;'1Io;./,,~ IN A'! A'C:ONe. 5<:" Sc.C./OO-I'Z--(I) ~ 0'l.-\-OlAJ De:D-1 N':':>'C:;E. -rYl"'ioZ' ~/LJt-(1 ~TLE:.ss Iffi!;' OF i-/C"7ItJ6 =M'~S INc.~Ur.;."", l~mPo""'D 4~.."'-S(t=-IJ'- 7i':U I'i...t,'- RIJ~F VlII-<- ';0) ? /' ~UeF~Ce:.. L--Ut2~JiJG ALOnG Del~t:: 4 ~et:'N' lD UJN,I2C!-. l:t.JNOFf'" DleEr;t-U:;"'~ ~1L\UP\~b/'"P"'P UC""-5$ (PAe,c,^'G =rc..) /' t.....---fJ~t::. ~ ,. Y\.::' _0 " \ 1-\t~:'~"" \l-~OU/...A~ !.--lk.!;:;: 10 .5~ f3LJ/l-/"::"h.Jq ~f-eVI>T1diJ .- l/P::" -n:r~ jlPL'~~I"JG spl\Cl;<: TO i-kI2-W.5--r L.l,.J'~ T"1-'~ U5T .spACt;; "TV 't"l-JC $Ou-"-~~ ~~~'-Y WON T 'dOe\... i"OE:- W18.S ~'NG O<J/ 9~.t37 t>oN~ .:>HOV-l L-IUif "l?:TW.,;ji;fJ <:oNe.> - c..t>N 1% M~ul-l ~ /.-Or (.../N~ ~ 1l2tPr10 FI-OW /..a:)1t.S c:oN6G'sT/;Sl) 4/ZOu....D e,1..c>c,. .l'EAj.jml~ G% t.At..l~.:sCAFI"'G.) = c:.444 q. 0#/.'( sht?W ~90 f -i' /I, 7c'J1 ~ OF- tJlJ/l4l'eoll@ t..-ANL> ~ItAIWAGI!: c.<>>1f"..5 4'~ /YPb 0'" CAGI-I11tJ6 01TE. I'"L.AN STlc..l... f11~1U:; A~)l/r;; I/JR). '\ '}O MAlU.1-I e.l :[:-&n S1~ ( V) ( v) (/) (.1 ( (v) (V'J (v) ( ( (') (/) ( ( ( v') (I) ( v') (v) ( V) ( v') ( v'") ( v";. ( v) . . SITE PLAN ELEMENTS ~100-134 Town Code Lot, block, and section number, if any, or the property taken from tax records Name and address of the owner of record ./ Name and address of the person preparing the map Date, North arrow and written and graphic scale ) Sufficient description or information to of the property. All distances shall be All angles shall be given to the nearest error of closure shall not exceed one in precisely define the boundaries in feet and tenths of a foot. ten seconds or closer. The ten thousand. The locations, name, and existing width of adjacent streets and curb lines The location and owners of all adjoining lands, as shown on the latest tax records ) Location, width and purpose of all existing and proposed easements, setbacks, reservations, and areas dedicated to public use within or adjoining property. A complete outline of existing deed restrictions or covenants applying to the property Existing zoning Existing contours at intervals of five or less, referred to a datum satisfactory to the Board Approximate boundaries of any areas subject to flooding or stormwater overfl, Location of existing watercourses, marshes, wooded areas, rock outcrops isolated trees with a diameter of eight inches or measured three feet above the base of the trunk and other significant existing features. Location of uses and outlines of structures, drawn to scale on and within one hundred (100) feet of the lots. ) ) Paved areas, sidewalks, and wehicular access between the site and public streets Locations, dimensions, grades and flow direction of existing sewers, culvert~ and waterlines as well as other underground and above ground utilities within and adjacent to the property. Other existing development, including fences, landscaping and screening The location of proposed buildings or structural improvement The location and design of all uses not requiring structures such as off street parking and loading areas. The location, direction, power and time of use of any proposed outdoor lighting or public address systems. The location of, and plans for, any outdoor signs The location and arrangement of proposed means of access and egress, including sidewalks, driveways or other paved areas; profiles indicating grading and cross sections showing width of roadway, location and width of sidewalks and lcoation and size of water and sewer lines. OVER.. . .' . . Site plan elements cont. (HOO-134) (v( (0 ( ( ( ( ) ) ) Any proposed grading, screening and other landscaping including types and locations of proposed street trees. The location of all proposed waterlines, valves and hydrants and of all sewer lines or alternate means of water supply and sewage disposal and treatment. An outline of any proposed deed retrictions and/or covenants. Any contemplted public improvements on or adjoining the property. If the site development plan indictes only a first stage, a supplementary plan shall indicate ultimate develoment. Any other information deemed by the Planning Board necessary to determine conformity of the site plan with the intent and regulations of this chapter. ) ru;.d to /;a $ eV ~ VI ~t. UI <9'clvt. to d.R.lw?..vu. pvt ~ ~ (I ~ r- IS (JOQ~) . neT A -: 1986 (.'",- -' ~- ( . 734-5100 AREA CODE 516 k~ -fl/NJ-H rued' -fl/NJ-H ~.~ 9& Y8fr.V .9.58 tf~, jYry //.98.5-tJtJ8.! ,~/' ti""", fi-. /' ti""", . "~$ .1/:01/ ...,.(.9'4 ,iJ4' .~?'%~ .,. ~_..u'~., S4CC A Yf: ?fd C~ f:W. .'I'~ ,j?,,?? October 16, 1986 Benjamin Orlowski, Jr., Chairman Southold Town Planning Board Town Hall - Main Road Southold, NY 11971 Re: Proposed Restaurant/Snack Bar Greenport, NY Theodore and Maria petikas Dear Mr. Orlowski: On behalf of my clients, Theodore and Maria Petikas, I enclose herewith six (6) mapa prepared by Roderick Van Tuyl, P.C. for the purpose of securing site plan approval in connection with the above captioned. In addition, I enclose herewith Part I of Environmental Assessment Form, which is required as part of this application, together with my clients' check to the order of the Southold Town Clerk, in the sum of $100, to cover the fee. I should appreciate it if this matter were pronptly placed on the agenda of the Planning Board for discussion and resolution of the proposed application. Thanking you for giving this matter your prompt attention, I am Very truly yours, RJC:e Enclosures cc: Mr. & Mrs. Theodore petikas ~. . ~ ~ <it .~.' .TOI'", OF SOUTHOLD *r + '1 7986 , ,. . .., <<........ .. ENVIRONMENTAL ASSESSMENT - PART I "'1", PROJECT I~TOro4ATION . '. 'or::~: this ~OC~T~~t 's desicn~d to ~s3i~: in det2~lni~9 ~net~!r ~~e!ction ,ropas21 T.ay ~aye ! lf~~iffc~nt !ff-=c: In tJ'1e ~:'lVlrcnrnent. Ple~s~ c~::ala~! ;:~!! -!ntir~ ~a~~ Sr.e~c. ),nsOfer1:0 '::'esa .~uestions olin ::Je C:::lsic!r'!d !S J~~ of ';.'1e aoolf.::J.t':on for apcroval !nd.:nay be sui:lj"!'C.,: to further- "ert:'1cJ.tion Ind ;:Juottc ~vi~. l'r.Jvl~e Any ~Qaitional informacion 10U oelieve will ~e neea~ :0 c:~ole~e ?ART3 2 anQ J. f= is !xce':::!d tnac :::noletion af t.'le CJ\F ....Ul l:2e ~epencem: ~n infonna~::an curr!!l;cf', av!1Jable u:d ,.,ill nOt .n~olve ~e~ S;u4~es. r!S24r:~ or fnvestiqacion. [f f~fo~!:lon r!~ui,;n9 such !o~i~i~nal ~or~ ;s~unaY~~=J!1 i01 1ndiC;1ta and sQe~ifj" :!~c:t ins...t3nce. . .... .-. ....;.......;........ ~"----' . '. -. . .-._~~---..~_..- .... :;.11.~E .1F pqQJEC-=-: . ..,'~ ~~~E ~NO ~CC~~SS OF ~~Nt~ 'ff Ofi~~~~"t' ------''--RESTA~l~NAdC:BAR':' . .' Greenport i NY ." THEODORE & MARIA PETlKAS (,'lame/ 257 Stewart Avenue .. ". .=~m~::! l::O :!":~E OF .~;:U:"~!~:~::T: (Str~~:; . c/o CRON and CRON., ESOS. (;;.a.::~: . '..'fuinRoad..'="P.Qo". BOx' 953.... Bethpage I . V.'J.; 3US'!~E$S ?~Q;IE: NY \:.ta::2J. 11 714 ,'::;>/ (516) '734-5100 (Si:re~q Cutch~-.' (".'J, i '-N'Y-- 11935 --' ---..----'- lSucaJ ,~I;ll f)E!~:::r!?r!Ij~! IJF oOIJJc':7: (9ri~fly descrt!:le l:,pe of ,roj::c-: ~r ac:i~n) Site plan approval by Planning Board.df proPosed restaurant/snack bar. (i'L;'.:'SZ COMPLEiZ' E.""CH. CUE5i''LO:1 - rndic.1t~ :I.A. ff not .!c:JlieJ!)l~) A. . S17! ~E;C~I?T!011 :....'''::,~-_:.'._:.,....___ .___ '.' _ .-~-"''''l' . .", ." .... ..,....: .:. ~;.:": .r:c."l'~' ..;::. ;:....!":.j~...:~.~~~<.::~:;:~ ;;. ; " , '_!.-.r,:il!-:"::f'::::'~.l,~;:j""'~ ~-So ~ !~hY5;~1 i~t~~j,; of o~e~ltt ,roj~ct.. ~o~h deyetcc~ !nd ~ncevelcoed !r~a$) "-;-;"":"-:--'.'~ . I. Go!ner.!l c."1araC-=2r of t:-te land:: C;cnerail)' unif,Jr:; ilcoe ~ 5.:!ne!'~ity !.:tIeV~!1 .and roil f"9 Jr__ir~~'Ular ~. ?~s~nt ~and ~se: Urban _____. [ndustr~al ':,;:;;':: :..-:'~.":''''....." _' ~qr-ico:Itur~ _, 0t::er -' Comme!'e~al ______" 5ucuro~n -' ;'u:-~l -2!... ::-~l"~s;: J. -;-o:JI Jc:-;~c;e ~f ;ll"'Oje-=t !rea:b.'" tC~.s~ '. ..--....-... A9oroximaC2 lcr~~qe: ?res2ntl~1 ~ftsl" Comp'c!t~on . "-. .....'.. ~Tesen:~y Af~~r ~c:.ol~c~c: . ~e~1Cw or 3rusnlaod ~!cr~s ~ ~c:'"~s ~ac~r SU~3ca ~~3 ~!c:...~s ~!c:::: ~or~s :.;~ ~lC:"'~S ....!..--.!Cl"~:s ~!c:"'!S \inlle~~~3 c=1 ~ :"":c:<. e~r::1 ~r fill: ~!c:"',=s }:., lcr'. --. .~9r":C:Ji'::.:n,1 ~!c;"'~:! :1ed .:r:c: {~:-~5"'''',H=!'' or 1"f~.!: !os :~r ~r":-::;:!s ~'. ~S ;1" ~.:.~.} " _!cr".!:$ " ~:a-=~, ~cild~:':l]s a~:: -::::~r ~av~-: .i:.Jr~~C1S ~!:::'''!S 1/.,. !C r" !-=:"~'! ~:~e~ !:llci~J:~ :loei _!c:"~:s _-Ie:"'!' J. ',ihJ: il "!"~-:Cr.1~n1no:: soii t,/IJ"!(s) 'In .]ro;~': :;:~:~: SAN!? 4 t$~RYE~ 5. 01, J. .~r~ ::.":~...~ 'Je~r:c:< :uC:~::::l;:'l::;lS .:n Jr:)j~-:-: s: :!! ....h1': i~ '=~~C.-: :~ :ed~:C:(? N /"., _~u -K-'Io 'J/1.!73 (~:": J'~~ ,:} *- ._"",: -~.... :.";'.~. ~':?'!~."';;i~~--;:-~ ...t -" . -' ~~_:-~ . ~ ", '~'-"-.....:Y-.;.: - : . 6. Ap~roxir.:ate percentac;e of proposed project site with slopes: 0-10: UJ(} :: 10-15: ~~; 15::: or greater ~... . '- 7. Is project conti;uQus tat or contain a buHding or site listed on the National Reqister of HistDric Places? Ves J( No - - 8. IIhat is the dapt!. to the water table? :z o feet 9. D? hunting or fishing opportunities presently exist in the project area? ______Ves ~Io 10. Does project site cont.hi any species of plant or animal 1 ife t.~at is identified as thl"'!atened or enc!:!nl:er!d _Yes -K-l~O.1 acccrding to .. Identify each species 11. Are t.~ere any unique or unusual land fonns on tho project sit.? (I.e. cliffs, dunes, other geologic.' formatlens - _Ves ~'(o. .(Cescribe 12. Is the'project site presently used by the cor.rnunity or neighborhood as an open space or-rec~ation area-_Ves ~No.. .' ....... ..... .......... ..,.' 13. ~es the present'site offer or include scenic views or vistas known to ~e important to .the cocmunlty? ______Ves ~Io . . . 14. Streams within or contiguous 'to project area: . . a. Nan'"" of stream and name of river to which it is tributary N/!l,",1! J. 15. lak.es t Ponds I Wetland areas within or contiguous "'''#.Fe: to project area: a. Har..e ; b. Size (in acres) . 16. \/hat is the dominant land use and zoning classHicHion within a 1/4 mile radius of the project (e.g'. single family residentia~, R-2l and the scale of develop",ent (e.g. 2 story). "8. .. PROJECT OESCRI?TIOII 1. .. Physical dimensions and scale of project (fill in dir.:ensions as app~opriate) a. Total contiguous acreage owned by project sponsor '~~ acres. Project ~creage developed: Yz acres initially; ~z. acres ultir.:ately. ;":.'-;.L b. .0 .' c. Projact acreage to 'remain undeveloped . . d. l~nsth ~f projec~. fn~iles: - {If appropriate} . ___._' e. If project is an expansion of existing, indicate percent of ex,ansion proposed: age - ; developed acreage . . building square fr f. flc'll"ber of off-st,...t parking spaces existing t1 .. proposed . /.9 9. ~axi~J~ vehicular trips generated per hour 15i (upon completion of project) h. If residantial: flur.tber and type of housing units: Initial One 'Family H/A Two Faroi ly Multiple Family Ccndo;:1;n;ur.1 Ultllnte 1. IF: Or;entJt~on Neis",oroood-Cfty-_egional Estimated Employment Ie Co::r:zrcial Industrial j. Total height of ullest proposed structure 1% - feet, ... -... ../~ --~, ..,. (. . . A"'..... , ~, ...2~ Ho\., much natu:-JI m.1terial (i.e. rock. e-!rth. ~tC4) will be reT.o',~d (rem t!le site .. o tons ~ 3. How many acres ofvegetation (trees. shrubs. 9~und covers) will be removed fro~ site Q - V..,. _acres. cullic. ya .. ~ '. , . 4. ~il1 any mature forest (over 100 years old) or ot~er locally-'m~ort3nt ve~etat;on pe removed by this project? _Yes ~'to s~ Are thp.rc any plans fOT re-va~etation to replace that re~oved during construction? ~Yes ______No 6. If single phase project: Anticipated period of construction ~onths, (including demolition). ., . "'_. 7. I.f multi-phesed project: a. Total nunber or phases anticipated ~Ho. b. Anticipated date of co~ence~ent phase 1 ______month ~ear (includin demolition) c. Approximate completion date final phase ~~nth ------year. d. Is phase 1 financially dependent on subsequent phas.s? .______yes 8. Will blasting occur during constrJction? ______yes ~Ho 9. Hwober of Jobs generated: during construction ~; after project is complete ~. 10. Hu~~er of Jobs eliminated b~ this project ~. 11. \/ill project require relocation of any projects or faetlities? ______yes ~Ho. If yes, explain.: 12. a. Is surface or subsuriace liquid waste disposal involved? ~Yes ______Ho. b. If yes, indicate type of waste (se",age, industrial, etc.)$EWA<ljf c. If surface disposal nz~e of str~~~ into ~hich effluent will be d1schar;ed - 134 ~ill surface are~ or existing lak2s. ponds, stre~s. bays or ct~er surfac2 wat2r~ays be increas2d or decreased by ~roposal? ______yes ~{o. 14. Is p~oject or any portion of p.roject located in the 100 j'e~r r100d plain? _Yes ...K-No 15. a. Ooes project in,olve disposal of solid waste? ______yes ~Ho b. If yes, will an ~,isting solid waste disposal facility be used? ______yes ~o c. If yes, give na~e: ; loca t1 on d. Hill any wastes not go into a sewage disposal sj'stsm or into a sanitary landfill? ~Yes 16. Will project use herbicides or pesticides? ______yes ~~o 17. \/111 project routinely produce odors (rore than one hour per day)? ______yes ~o 18. Will project produce operating noise exceeding the local ambience noise levels? ______yes ~Ho 19. Will project resul~ in an increase in energy use? ______yes ~~o. If yes, indicJte type(s) . ZOo If water supply is fro:;, \'t'ells indic~te pur.:ping c~~~cit;y - gals/",inute. Zl. Total anticip~t~tj watar usaga :;er d.z.y _ .als/day. "ZE,JI' j?E'N'T"J Ar-jelJAJ'iJi.. , 21. Zoning: a. ""hat is dC::llnant ':.cning clJ.ssi7'ic!.ticn of site? b. Curr~nt s;:ec1fic :.onir:g c!!~sific,lt;on of 51:a .~ .. c. Is pr~pos~d use ~:~SiS:2r.t ~it~ ~re5~n: zoning? Y4'S d. If no. incic3t~ desir~d :.onin~ . .:: :,..t.~.;:::...-'. ,Zf,s{f.~ ~. -J- '- . 25. Approvals: a. Is any Federal penoit re,aired? ______yes ~~o b. Does project Involve State or Feder.1 funding or flnanc;ng? ______yes ~No c. local and Regional approvals: -....- . Approval Re~u;red (Yes, 110) (Type) City, Town, Village Board Ci.ty, Town, Village Planning Soard ..&.,' '~ f&="r: ,', toI City, Town, Zoning Soard ~ City, County Health oeoartr~nt Other loc.l agencies Other regional agencies '. State Agencies Federal Agencies '. .... . ...., ":.,'..;,,::, .':., , , . . . p',. .... C. INFO:l."ATIGNAl OETAIlS ,. Sub:::it~.l (Oate) A~,;~va 1 (Oa te) Att.ch any additional infon>~tion..s ~~y be needed to clarify your project. If there are or ~y te any adverse fm~acts associated with t such impacts and the measures whic~ ~, ~e taken to rnitigat! or avoid the PRE?ARER'S SIGNATURE: TITlE: I .-"9rr.,A""Ji.. y RE?f:ESE,'lTWG: ~;a3~;kt , / ""A~r-c.. A. r/"<AJ" . DATE: ~X::':';_._. .... '. :'.\.::,--,:...l';:<"~'':., ~.:::".~';:'.... " '. . . " ~_ '. .._~:-:-j.t: "',',--,.- ".-... . ,. .;.' ~ ~ " ','. r-- ,r;z a 1/,1 0 ,.. N."3.ZJ'S. ~ !- , '" E' , i I <t: I ,. Q , , "' I I "1) " :rol I I I I I Itc. I i I I , I I l <J t: ~ ~ i ",0 0\ ~ . It ,10 . I'- t\J ~ . , " ~ , .. -Q -1 i I I I , . c. -e. -;8 Owners' ~ddre5S: ZS7 .s'rBU/drr .4ve. 13erh/NJtje, N. 'I. 1/114 L .,........ ,; . ~_cJ-. e K 'ir'n~ Qi \'t; i I '0 i!.() , c:) .. ~ ),:- '.. ~ \. ~ " \~r) 'It ~! tit ....." ~.o 'Ii I- 10 " I ao ,zc ;... Pl,.~jr" LQ"td 97.77 1 j-/,Q,wt'i1, 0/ ""-"-'--' i I I I I) , '41 , , ..L~ t .. . 0"'''4:1' . ".4,$ r-'-o. ....~ . =~".,~ . '-- r.'J7 ? - ~'---~ r , I j S. 7~ . j>~, , '" 30" "'" tlPc/ye cr: / ~~d) ,'1.--1~ /~, /........,. , , , /1:) IV ~t:I 'I /0 IU'M. ~ ~ \) , .$1./,. .. t.J1~ "/Qce 'z I-~:-~., . 0, ~ N ! cl fr. _________ H.oJ:>. 0 ! ""0' i I ..... L I~ Ii --.:::r--J , ~' " It, l!l 1::1 I'"~ I i ~/f "." q "1<1 I '- ! 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