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Home My WebLink About2885 _ F TOWN OF SOUTHOLD, NEW YORK DATE .1.2/ 5./81 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2885 by application Dated September 14 , 1981 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To William H. Price, Jr. , Esq. Appellant Joseph J. Lizewski, D.D.S. at a meeting of the Zoning Board of Appeals on December 5 , 1981 the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X ) Request for a variance to the Zoning Ordinance Art. III, Sec. 100-30 1. SP1S�`4A�fC3FfP.t $ 711 � ICdfe 'raec'zc"mi'fes'rdtx�x��on ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) he Public Hearing held 10/15/81 : Application of Joseph L. Lizewski, Main Road, Cutchogue, NY (by William H. Price, Jr. , Esq. ) for a Variance to the Zoning Ordinance, Article III, Section 100-30 for permission to construct professional office building in an A-Residential and Agricultural Zone with existing dwelling use at 29325 Main Road (a/k/a 320 Depot Lane) , Cutchogue, NY; bounded northwest by Fogarty; southwest by Depot Lane; northeast by Dunne; southeast by Main Road. County Tax Map Parcels No. 1000-102-2-12. 1 and 11. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because (SEE REVERSE SIDE) (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because (SEE REVERSE SIDE) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) he reversed. rs2'CEIVED AND FILED BY (SEE REVERSE SIDE) j 11 SUU1' C jLD TOWN CLERK ZONINCG:lkG BOARD F ',, 1 HOUR FORM ZB4 Town Clerk, Town of uthold Appellant has applied to this Board for a use variance to permit the construction of a professional office building on his property located on the northeasterly corner of Main Road (N.Y. Route 25) and Depot Lane at Cutchogue. The premises are presently zoned "A" Resi- dential and Agricultural and comprises approximately two acres, and is shown and designated on the Suffolk County Tax Map as District 1000 , Section 102, Block 2 , Lots 11 and 12 . 1. Tax Map Lot 11 contains approximately 20 ,000 sq. ft. and has constructed thereon a 2-; story wood frame dwelling and garage occupied by Appellant as a private dwelling. Tax Map Lot 12. 1 comprises 68 ,554 sq. ft. and has erected thereon a 1-h story wood frame dwelling, two barns and a garage. The property on the north side of Main Road west of Depot Lane is in the "B-1 General" Business Zone which extends westerly for approximately 1100 feet. The property on the south side of Main Road west of the subject premises is zoned "B-Light" Business. The property north and east of the subject premises is zoned "A" Residen- tial and Agricultural. Section 100-30C (1) of the Zoning Code permits "Home Occupations" in the "A" zone as an accessory use. Under the definition of "Home Occupation" (Section 100-13) , the professional office of a dentist is permitted provided that the office is located in a dwelling in which the practitioner resides, or in a building accessory thereto. The Appellant (a practicing dentist) could establish a dental office in his dwelling on the premises or in a building accessory thereto pro- vided he resided there and employed not more than one non-resident assistant. Presumably, however, Appellant does not wish to have only his own dental office on the premises, but instead desires to construct on the premises a professional office building having a length of 110 feet and a width of 58 feet, containing three suites of offices. Such a use is not permitted in an "A" Residential and Agricultural District. It is permitted in the "B" and "B-1" Business Districts. Since the variance applied for is a use variance, before this board may grant such a variance the record must show that: (1) the land in question cannot yield a reasonable return if used only for a purpose allowed in that zone; (2) that the plight of the owner is due to unique circumstances and not to the general conditions in the neighborhood which may reflect the unreasonableness of the zoning code; and (3) that the use to be authorized by the variance will not alter the essential character of the locality. The courts have held that a claim that the property is yielding less than a reasonable return requires proof, in dollars and cents form, of all matters bearing upon the return available under existing zoning, including proof that no permissible use will yield a reasonable return. The only dollars and cents evidence in the record is Appel- lant' s statement that he paid $65, 000 . 00 for the property and his conclusory statement that he has not made a profit from the property. The Town assessor' s records indicate that the premises (lot 12. 1) was acquired by Appellant in 1981. There is no evidence that the property cannot yield a reasonable return if used for other permis- sible uses. Therefore, this board concludes that the evidence presented does not support the grant of the variance applied for. AW This board does believe that there is, however, a public ne for the type of facility proposed by the Appellant in the Hamlet 0 V Cutchogue, and that perhaps the Town Board should consider the :' extension of the present "B-1" District to embrace Appellant' s Pi property. am On motion by Mr. Grigonis seconded by Mr. Goehringer, Q y BE IT RESOLVED, for the reasons set forth herein, the variance is denied. Vote of the Board: Ayes: Messrs. Douglass, Goehringer, Sawicki and Grigonis. (Absent was : Mr. Doyen, Fishers Island) . This resolution was unanimously adopted. 9 Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 7 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR.. - - - SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER, Chairman February 22, 1982 JOSEPH H.SAWICKI William H. Price, Jr. , Esq. 828 Front Street Greenport, NY 11944 Re : Appeal No. 2885 Application of Joseph L. Lizewski Dear Bill : Pursuant to your request today, please find enclosed excerpt from the October 15 , 1981 minutes pertaining to the Joseph L. Lizewski appeal. The Town charges 254 per copy, for a total of $1. 50. r If you need any other documents, please don' t hesitate to call. Yours very truly, { 67 Linda F. Kowalski Enclosures Secretary PUANI RECEIVED TOWN O SOU HOLD SUFFGLUOUNTY lawn CIerN souOidd , Southold. N.Y. 11971 HENRY E. RAYNOR. Jr., Chairman TELEPHONE 765-1938 JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM. Jr. William F. Mullen, Jr. January 20, 1982 Southold Town Board Southold Town Hall Southold, New York 11971 Gentlemen: At a regular meeting of the Southold Town Planning Board, Monday January 18 , 1982 the following action was taken: RESOLVED that the Southold Town Planning Board recommend denial on the application of Joseph J. Lizewski for a change of zone from "A" Residential and Agricultural District to "B" Light Business District on certain property located at Cutchogue, based on the following reasons : 1 . Constitutes strip zoning 2 . Insufficient evidence in the correspondence to justify change of zone 3 . Is not in conformity with zoning ordinance Yours very truly, HENRY E. RAYNOR, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secret COUNTY OF SUFFOLK (a DEPARTMENT OF PLANNING LEE E. KOPPELMAN DIRECTOR OF PLANNING December 3, 1981 Mr. Charles Grigonis, Jr. , Chairman Town of Southold Zoning Board of Appeals Southold Town Hall - Main Road Southold, N.Y. 11971 Re: Application of "Joseph L. Lizewski" (!12885), Town of Southold (SD-81-13) . Dear Mr. Grigonis: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the Suffolk County Planning Commission on December 2, 1981 reviewed the above captioned application and after due study and deliberation Resolved to disapprove it because of the following: 1. Sufficient information has not been submitted to demonstrate compli- ance with applicable "use variance" criteria; 2. It constitutes an apparent circumvention of legislative powers ex- clusively delegated to the Town Board; and 3. It would tend to establish a precedent for further business develop- ment in the locale along N.Y.S. Rte. 25 inconsistent with the Town of Southold Development Plan which designates this area for agri- cultural-single family residence development. Very truly yours, Lee E. Koppelman Director of Planning by cn Gerald G. Newman Chief Planner GGN:jk 70 VETERANS MEMORIAL HIGHWAY • HAUPPAUGE.L. L. NEW YORK • 979-2920 ATTORNEY AT LAW 828 FRONT STREET GREENPORT, N.Y. 11044 Phone (516) 477-1016 December ll,. 1981 Gerald f Newman, Chief Planner County of Suffolk Department of Planning veterans Memorial Highway Hauppauge, New York 11787 Res Application of Joseph J. Lisewski (92885) Town of Southold (SD-81-13) Dear Mr, Newmans I am in receipt of a copy of your letter to the Southold Town Zoning Board of .Appeals dated December 3, 1981 in reference to the subject matter which was forwarded to me by the Southold Tam Zoning Board of Appeals, While your Commission may have the power to reach �_F f and transmit such conclusions to local zoning boards of 1J� aptperaffoind itthe mous that the Commission would do so without�r g appellant the opportunity to confront j your Commission. If the Commission is to conclude whether or not an applicant has met the appropriate burden of proof and, thereafter advocate its decision to the local zoning boards of appeals, then the Commission should attend the ll public hearings held before the local boards of appeals. Your reasons for "disapproval" are ill-conceived and prejudicial to the applicant. How can your Commission determine whether or not Ouse variance criteria" are met with- out attending the variance hearing where evidence is presented? I must assume that what you meant is that the applicant's petition did not show sufficient *unnecessary hardship" to satisfy the Commission. I respectfully point outs 1. It is the exclusive purview of the municipal zoning board of appeals to determine whether or not an appli- cant meets the appropriate burden of proof after hearing. 2. There are circumstances in which a use variance , can, be .graated without the showing of an *unnecessary hardship". (See Matter of FAsteny '47 AD 2d 766) , In fact the Southold Zoning Beard of Appeals did find, after considering the evidence Gerald G. Nowwan, Chief Planner -2- December 11, 1981 presented at hearing, that, *, ,,there in. . .a public need for the type of facility proposed by the appellant in the Hamlet of Cutchogue.• Your second reason for •disapproval" is even more ludicrous. It implies to me that the applicant has done some- thing improper by appealing a decision of the Southold Town Building Inspector. I respectfully point out that by Section 261 of the Town Law the State of Now York gave the Town Board the power (legislative) to create a zoning board of appeals within the town. The Southold Town Board chose to exercise this ex&lusive legislative power to establish a zoning board of appeals (Bcuth&14 Town Code Chapter 100 Article XII) . The Southold Town Board chose to give the Zoning Board of Appeals the power to hear appeals from any determination made by the Building Inspector and to grant variances from the Boning regulations. Therefore, there has been no circumvention, and the appellant proceeded in accordance with the duly adopted zoning ordinance of the Town of Southold. Your third reason for *disapproval* is also somewhat lacking. You may or may not realise that such a precedent has already been established. A 7-Eleven store has recently been constructed and operated within the immediate vicinity of appellant's property. Further I direct your attention to Part 1 of the Comprehensive Development Plan of the Town of Southold at page 301 . . .The preparation and adoption of a compre- hensive development plan does not alone insure the development of the community in accordance with the plans objectives and proposals. . .. Mbenever changing conditions in the community justify the modification of the plan or the legal instruments for implementing it, the planning board should consider appropriate measures to keep those documents current and meaningful. . .. As skated above, the Zoning Board of Appeals of the Town of Southold did find that there was a public need for the type of facility proposed by the applicant in the Hamlet of Cutchogue, As you realise, a oomprehensive development plan for a 4mici- pality is not a stagnant and inflexible statement of oonditions. If a comprehensive development plan were, inffact, inflexible, there would have never been any need to make amendments to j Gerald G. Newman, Chief Planner -3- December 11, 1981 local zoning ordinances or for any zoning board of appeals to grant area or use variances once the plan had been adopted. This we know is not the case. Very truly yours, William H. Pr ce, Jr. WHPikam cc i Lee Z. Xoppelman, Director of Planning, County of Suffolk Department of Planning Southold Town Zoning Board of Appeals Southold Town Planning Board V`F N � �oN/�tlC /I't A A �S c�F F�.`(�. 1 Y � S•7 I L / 411, r r C UTC �� W SOFFOL K at t.11 Y, � t 1 re OAO r — Ci M� T-i TUCK19 ;! ° Cu Tcy I Ci o .o 0 •r o p � M1 �oP 1 b t � A P i/ C UTG NEW SUFE-CZ 4 j . R G/V T ZoN/wG MAP AS Of ! 9.7 I -31 o• • ,� to �EJrPHAT,V I '�� r J MA T/ TUCK e � �� t y✓ Z ' V � t 4 �J `I Southold mown. BoaAb f Anneals October 15, 1981 PUBLIC Ha1RING: Anneal Tdo. 2885. Application of Joseph L. Lizews'ci, Main Road, Cutchogue, 77Y (by T^lilliam H. Price, Jr. , Esq. ) for a Variance toIthe Zoning Ordinance, Article III, Section 100-30 for permission to construct professional office building in an A- Residential and Agricultural Zone with existing dwelling use at 29325 Main Road (a/k/a 320 Depot . Lane) , Cutchogue; bounded northwest by Fogarty; southwest by Depot Lane; northeast by Dunne; southeast by Bain Road. County Tax Map Parcels No. 1000-102-2-12. 1 and 11 . The Chairman read the legal notice and the appeal application pertaining to reasons for this appeal. iii. CHAIRTTAN: Do you have something to add, Mr. Price, to what has been said in the application? 714. H. PRICE, JR. : Yes. Just for the record, my name is William H. Price Jr. I'm the attorney for the applicant and here is our petition. ':That my client proposes to do is to construct and maintain what we consider an attractive professional office building located on the Main Road in Cut6hogue. I have submitted conies of the arch- itectural renditions to this Board and at this time I would like my client, Dr. Lizews'.ti, to say a few things; I may ask him a few questions as we go along to make sure that the record. is properly presented to this Board. DR. JOSEPH LIZEWS)KI: I've been practicing for 13 years in Cutchogue. MR. CHAI71KAN: 7ould you use the mic, Doc, so the people behind you can hear you maybe. DR. LIZE,?SKI: I've been practicing for 13 years in Cutchogue , and over the years I've watched the area very carefully honing to move off of my office on Depot Lane which is a area that' s zoned Business for use, which is the only place that I found when I came out to Cutchogue that I could practice in, and there has been other professional people who come to the area, for example, Dick Lark, who' s an attorney, who looked for almost a year and a half before he found a building that he could purchase. and I also realized that there's a, the professional buildings that have been built in Southold Town, there aren't any. Southold Town has never had a professional complex built for profession- als. It has had two-story dwellings, alot of dental offices and professional offices have two stories and are built over liquor stores or other shuns and it's not really convenient for older people. A one-story dwelling is a much preferred professional building. This is the only building that I know of in Southold Town that has been offered to people who, which is being.; built and constructed strictly ' for professional people. Southold Town Board of Appeals z October 15, 1981 (DR. LIZst:' C07T. ) : I also think that there are other doctors who have looked in the area and. just simply cannot .find. a place in Cutchocaue fcr, to set tm a nractice. The area certainly cannot deny that the need for doctors or other professionals. It' s an area that, we just never seem to have enough o:C them, and I think that by building a nice look-in-P, building, and having an access which this particular parcel of land. does, or two particular road fronts, certainly would add to Cutchogue and add to the area. And a buildinrr, one o:,: the main buildings that I would use, (phrase was inaudible), is a home that is there. It's over 200 ;;rears old. Two hundred years old. Now for me to tale that, for instance, and construct just a dental office, th¢s building has no cellar under it. It would be very difficult. It has been built up on corners with posts, but it has no cellar under it. .Now, as a dentist, you would need gas, ycu' d need tremendous sewerage, you need air, air compressor, you need different things that would be ver;* difficult to run and maintain underneath a building of this nature. So, for me to take and just use, utilize this building for professional use, as it stands right now, is a very expensive idea, and also almost foolish to try to take a 200 year old building of this nature that has been, you know, rebuilt and rebuilt on the in- side and the outside, to where it would be of any great value to me. So, my feeling was to construct another office so I could finally move to an office that was built just for me, which would be nice to Lave rather than taking a house or, that' s what most of the profession- als have out here--they have a house and they put a few petitions in it here and there, what have you, and they convert it to a professional office, to an office. !PN. H. PRICE, JR.. : Excuse me. IIow much did you pay for the prop- erty that' s in question now? DR . LI7.L'SI'I: '5 thousand dollars . 77. H. PRICE, JR. : How much property taxes do you pay on this property each year? DR. LIZL,'S1: i;ell, this year it will change because I-- T".. H. PRICE, JR. : How much did you pay in your last tax bill down-- DR. LI7DTSKI: I didn't have a tax bill. This is my first pay- ment on a bill. F'. PRICE, JR. : How much will that be? DR. LIZEVSKI: 0 I assume about 12 hundred llars. Southold Town Boa*of Appeals • October 15, 1981 RA. H. PRICE, JR. : And have you been making any profit whatsoever off of this property since you've owned it? DR. LIZ-7-FSKI: We've made a profit off this property for a long time. ?9M. H. PRICE, JR. : As it is now, you have made no profit whatso- ever? DR. LIZ.a-'SI'I: Absolutely not, no. Not the Keay it stands. 11M. H. PRICE, JR. : Now, concerning the character of the neigh- borhood, goin : dorm Depot Lane, is it not true running from the rail- road south on Depot Lane, that you run across a cemetery, church, a current office and the Knights of Columbus hall? DR. LIZEWSKI: A bar. 11M. H. PRICE, JR. : Well, that's on the west side, you have the Blue Top, you have Gorman's, Patrick Gorman's office there, and then you run into a school. DR. LIZEV,ISKI: Right. vll?. H. PRICE, JR. : That' s on Depot Lane, am I right? Plow, going down the Main Road to the next intersection to the west, on the north side of the Main Road, do you not run into first a Shell Gasoline Station right across the street from your property? DR. LIZEI^TSKI: It's adjacent to it. WM. H. PRICE, JR. : Then a 7-Eleven Store. DR. LIZUTSKI: Yes. 111M. H. PRICE, JR. : Dick Lark's office, then the property that the Library is going to go into. DR. LIZESTSKI: Yes. :dM. H. PRICE, JR. : Then you get into the commercial area of the hamlet in Cutchogue, right? DR. LIZSvSKI: Yes. 1VM. H. PRICE, JR. : On the other side of the street running from Depot Lane west, this beim the south side of the Main Road, is the Southold Town Board of Appeals 4 October 15, 1981 (W,M.H. PRICE, JR. CONTI . ) : Four Sails Real Estate office-= DR. LI- ;ISI: It's across the street. -17V, V. �FICF, JR . : And ''ickham's Fruit Stand, Fisherman's Rest- aurant with a Gift Shop, and then a liquor store and the bank. Is that right? DR. LIZEWSF_I: Yes. M. H. PRICE, JR. : Then on the Main Road going east you run into the A&,, Auto Repair Store and an antique shop before you get to Pequash Avenue? DR. LiZa-iSP_I: Yes. ,?^. H. PRICE, J . : Is that r. i�ht? DR. IiZt:TST:I: That' s right, it'M. H. PRICE, JR. : Alright. Now, i would like to have Dr. Shamus Lynch come up and tell this Board a little bit about his efforts, as a doctor, tryinl- to find an office location in the vicinity of Cutchogue. DR. SIipriUS LYT?CH: I,'r. Chairmar_, ladies and gentlemen, members of the Township, I've been out here, roumhly 18 years, living in Cutchogue. And my practice was in New York City: I've been out here almost four years full time. My specialty is anesthesiology as many people know. However, about a year ago, I was very anxious to go back to t:,here I started from. That is tiahat is ca.11.ed today--,primary care physician, or we can call it general practitioner from now on. I was one of the first to bid on the court house building in Cutchogue. i lost out to the Cutchogue Free Library. I eras ver;= anxious to start my own practice of primary care, medical practice. rnd if you tale, start from Orient Point and work o:estvard, you find, although we have manor doctors , all superb in their special- ties, the first general prac':itioner you come across, or primary care physician, is Dr. Hammond who leases in the professional building in S•outllold on the T'orth. Road. From there, you travel all the way past Jamesport almost to AqueboL-ue before you come to Dr. Badmajev:, the only other primary care physician between Orient Point and Riverhead. I also sit on the Long Ranae PlanninZ Committee at Eastern Long Island Hospital and their first priority is to get one to two primary care physicians in this Township. ':•,'e are down that lot;. We have all kinds of internists, cardiologists, surgeons and whatnot; we just do not have enough prim care physicians. I have made tremendous efforts �'. Southold. Toem _joa.rl*f Appeals _ • October 15, 1981 (DR. LY^TCFI, COATT. ): to the local realty offices to find a location in which to establish a priil",.r`r care facility or a "eneral -ora.ctice office. I have been absolutely and totally unable to do this. T only met Dr. L i.zPwski .in person three .vee's aro and I was basically shuffled to him by a real estate agent in frustration, knowing that he was pr-)nosing this particl.11ar blilding. T have begin offered space in the Mattituck Shopping Center which Idor_'t think .is the location for a primary Care nhtr5l_ci.an, a-nd also on Pi_%e' S Ptak. in Matti_tilck which also is an e'{'t l' l elT_ business Area. Jlot t'Pe area for a nrac'tice of general, primary care, care of patients. Out here, naturally, you expect 50 to 559; of your patients to be, certainly in the senior citizenship age group. They don't li}:e the hustle and bustle of this sort of office practice; they're looking for a more rural, easy-going ?^7ay O£ d.O In 1t. ::he:1_ T Fay Dr. L1Z ep.ISSCi tS :)bans 'i;1B first time thrge weeks ago, I was quite impressed. I thought they were extraordinarily aesthetic (remainder of statement lavas inaudible) . I thought it would be a tremendous improvement, not alone in the hamlet of Cutchogue and T'ew Suffolk, but a fine place for a practitioner such as myself or somebody else, where we can go in and lease. I have tried to buy, I have tried to lease. , There .is nothing available for me or my kind. Therefore, I just would like to ask the Board tone ht to consider Dr. Lizewski's plans and request very seriously in this li-ht. Thank you very much. T•1R. CHAIRMAN: Thank you. H. PRTCT, JR. : Can I ask you one question, Dr. Lynch, before you leave? In your opinion as a medical -professional in this area for the past 18 years, would the grant.i.nR of this variance be in the furtherance of the public welfare in enabling more sites for medical professionals to come into this area? DR. LYPTCH: ?To, there's no question in my mired about this. I just hannened to 'play some Tolf this a:"ternoon -with senior citizens . They had to travel to Riverhead, they had to travel to Greenport, and they are all Cutchogue residents. it makes no sense to me. e in Cutchogue have no place for doctors , for a professional building, and it' s time wo had one. Thank you very much. H. PRTCu, M. Now, in summation, you have heard the testi- mony concerning the character of the nee--lborhood, and you have heard the testimony as 'to the lac'_c of return that my client has had up -to par. The sole other element to be shown to you this evening is that this particular request is in the spirit of your 7.oni.n^ ordinance. As you know, we talk about the halth, safety and welfare of the nublic. Such a nrofessional center would definitely further that objective. In this particular zone, the A-Residential Sone, my client could put in a veterinary hospital. He could open a veterinarian office there. If there was water, he could put a marina in. You'd have a school, Southold Town Board of Appeals October 159 1981 (,1P4. H. PRICE, JR. CONT. ) : a hospital, a nursing home and the lute. I believe that the use variance request this evening for a professional office building would be in keeping with the spirit of our ordinance. We allow professional offices as an accessory use and here we have a location on the main thoroughfare through the hamlet of Cutchogue which would be ideal for such a use. It will not change the character of the neighborhood, we know, and I request that this evening, this Board grant the variance that we are requesting. Thank you. MR. CHAIRTLAA?: Thank you, Mr. Price. Is there anyone else to speak in favor of this? (There was no response. ) Anyone who wishes to speak against it? (There was no response. ) Any of the Board members have any further questions you'd like to ask? (negative) I'll offer a resolution closing the hearing and reserving decision-- Wyl. H. PRICE, JR. : There's a question, Mr. Chairman. YR. CHU`:IRT PY: Oh, excuse me. MRS. BACHI?ACH: Does that plan have a place for parking? NR. CH=I D?T% Yes. He has two acres or something like that of property there. He's got ample parking. The resolution was to close the hearing and reserve decision until we can do a little more deliberation on it. NST. TER SL'.'IC I: Second. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RL'SOLtEI), that the hearing in the matter of Dr. Joseph L. Lizewski, Appeal No. 2885, be closed and decision reserved until a later date. 'Tote of the Board: Ayes: Messrs . Grigonis, Doyen, Douglass, GoehrinEer, and Savick_i. o�S�FFO(lr�0� o , Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 7651809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission : XX Variance from the Zoning Code, Article III , Section 100-30 Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No. : 2885 Applicant: Joseph L. Lizewski Location of Affected Land: 29325 Main Road (a/k/a/ 320 Depot La, ) , Cutchozue County Tax Map Item No. : 1000- 102-2-12. 1 & 11 Within 500 feet of : Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) 77 State or County Road, Parkway, Highway, Thruway State Road 2.5 Boundary of Existing or Proposed County, State or Federally- Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Existing .or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport, COMMENTS : Applicant is requesting permission to constrlact nrofpssjonal offine in ari A-R Sirqantial « A5 rir1llt:tral 7ona with (-XjStinm dwalIine ii-a. 7uhlin haarino 'nald A, rrin-pd 1O/1g/R1 _ Minu+aa of tha public hearira will he for!var(lp.d "7ovemk?ar 4F 1Dq1 . Copies of Town file and related documents enclosed herewith for your review. Dated: ^Tovemher 42 1981 Secretary, Board of Appellfs 1L� x.�c.1'eo �I_ _,k z I- , 'j/tk'_ 't_� ._1r' York, N.Y. 10011 (Robert W. -sion to utilize B-1 General Gillispie III as agent), for a Business Zoned premises for Variance for approval of ac- manufacturing at 45655 C.R. cess. New York Town Law -48 and Youngs Avenue, South- - Section 280A. Location of old, N.Y.; bounded north by Property:Right-of-Way off the Harris and Dickerson;west by. - - east side of South Harbor Youngs Aven.; south by C.R. Road, Southold, N.Y.; bound- 48;east by Edson.Co ed north by Stewart and _ Map Parcel Item No. Freund; west west by Paul; south 2.16. by the bay; east by Ballenger; 9:35 p.m. Application of County Tax Map Parcel Item Warren E. Hufe,Jr. and Ellen - No. 1000-87.1.21. Hufe(for Future Screw, Inc.), 8:10 p.m. Application of North Road, Southold, N.Y. Nina S. Fischer, Indian Neck for a Special Exception to the p Lane, Peconic, N.Y. for a Zoning Ordinance, Article of Variance to the Zoning Ordin. VIII, Section 100.80(B) for ance, Article III, Section 100- permission to utilize the sub. 31 for permission to construct- - ject premisesforLight Indus- 1 P1 addition to existing dwelling trial Use.Location of Property: with an insufficient sideyard 45655 County Road 48 (a/k/a , I U ,1 setback at 7130 Indian Neck 3750 Youngs Avenue), South- . a _ Lane,Peconic;bounded north- old, N.Y.; Dounded north by WNW _ i west by Cukor; southwest by" Harris and Dickerson; west by _ Hog Neck Bay; northeast and Youngs Avenue;south by C.R. southeast by Prellwitz.County 48; east by Edson. County Tax Tax Map Parcel Item No. Map Parcel Item No. 1000-55- 1000-86.7.8. 2-16. 8:20 p.m. Application of 9:35 p.m. Application of a Lenore Adamson, 55 Ships Warren E. Hufe,Jr. and Ellen Drive, Southold, N.Y. (by Hufe(for Future Screw, Inc.), ,,;.,.- ,,,r.•„„ Thomas F. Day, Esq.) for a North Road, Southold, N.Y. Iblb �Z Variance to the Zoning Ordin- for a Special Exception to the ptl UI6w 40L X08 Q ance, Article III, Section 100- , Zoning Ordinance, Article XI, 31 for approval of insufficient Section 100-118D to use exist- pa.ueday pUe area for division of premises ing two-story house for dwell- swalSAS 1aieM - - - located at North Bayview Road ing use in a B-1 General 116(7 ilaM and Ships Drive, Southold, Business Zone. Location of N.Y.;bounded north by North Property: 45655 County Road Z6L "IS3 Bayview Road; west by Ships 48 (a/k/a 3750 Youngs Av- 1113M Drive; south by Mullen; east enue), Southold, N.Y.; bound. �� by Reese- County Tax Map north t b son; and Dicker. Parcel Item No. 1000.79-3-9-& son: west by Youngs Avenue; 10. south by C.R. 48; east by 8:35 p.m. Application of Edson. County Tax Map Par- Joseph L. Lizewski, Main cel Item No. 1000-55-2-16. Road. Cutchogue N.Y. (by 9:50 p.m. Application of LEGAL NOTICE William H•Priv" r E q)for Peter and Pat Lenz, Main a Variance to the Zoning Road, Peconic, - N.Y. for a NOTICE IS HEREBY GIV- Ordinance, Article III, Section Variance to the Zoning Ordin- EN,pursuant to Section 267 of 100-30 for permission to con- ance, Article III, Section 100. the Town Law and the Provi-. struct yrofessional office 35A for permission to con- sions of the Amended Code of building in an A-Residential struct gate and fence exceed- the Town of Southold, a nd Amicultural Zone with - ing maximum height limita- regular meeting and the fol- existing dwelling use at 29325 tions at 38350 Main .Road, lowing Public Hearings will be Main Road (a/k/a 320.Depot - Peconic; bounded northwest held by the Southold Town Lane), Cutchogue; bounded by L.I.R.R.; southwest by Otto rv- Board of Appeals at the northwest by Fogarty;-south- Keil Florists; northeast by Southold Tow Hall, Main -west by Depot Lane:northeast Cichanowicz; southeast by Road, Southold, N.Y. on by Dunne; southeast by Main S.R. 25. County Tax Map Thursday, October 15, 1981 Road.County Tax Map Parcels Parcel Item No. 1000-85-2.17. commencing at 7:15 o'clock Nr.. 1000-10 - -1 1 ed 11 9:55 p.m. Application of P.M. as follows: 8:50 p.m. Application of Stanley J. Fliss,.Jr.,: for .7:15 p.m. Application of Dominick and Rose DeMaio, Mattituck Air Base, 840 Bray Carl H.King, 350 King Street, by William J.Jambs as agent, -Avenue, Mattituck, N.Y. for a Orient, N.Y. for a Variance to c/o Box 199B, Depot Lane, .. Variance to the Zoning Ordin- the Zoning Ordinance, Aticle Cutchogue, NY for a Variance ance, Article VIII, Section III, Section 100.32 for permis- to the Zoning Ordinance, 100-80 for permission to con. sion to construct accessory Article III, Section 100-31 for struct addition to office build- building in the Trontyard area permission to construct new Ing, with an insufficient front at 350 King Street, 'Orient; - ' ' dwelling with insufficient front yard at 410 Airway Drive, bounded north by Navy Street; and rear yard areas at Cedar Mattituck; bounded north by . west•by Shaw and Nolan; Point Drive West, Southold, Bagshaw, Wickham; west by south by King Street; east by N.Y.;bounded north by Cedar Peconic Corp.; south by Park ,Tyrrell; County Tax Parcel Point West;west by Giordano; Avenue; east by Wickham, Item No. 1000-26.1-27. south by West Lake; east by Parkin, Tandy, Kujawski. 7:20 p.m. Application of Soverel; County Tax Map County Tax Map Parcel Item .: Pequash__Recreation -Club. Parcel No. 1000-90.1-4. No. 1000-123-1-2. =„� • COUNTY OF SUFFOLK*: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ...............,.......................weeks successively, commencing on the ......�........................... day .........0.7--- 5........................... Sworn to before me this ........ .......... day of ............ .lee zz.... .. ..... ............. .................. Notary Public EDITH A. GUY NOTARY PUBLIC, Slats of New York No. 52-4602497 ='_.Ikfied in Suffolk County Comm!sslon Expires Mo¢h 30, 19� Legals and rear yard area at 435 3-9& 10. 9 Cleaves Point Road (a/k/a 8:35 p.m. Ang icatinn of LEGAL NOTICE 1945 East Gillette Drive),East Joseph L. Lizewski Main NOTICE IS HEREBY Marion, NY; Marion Manor Road.Cutchoaue. (bv Wil-_ GIVEN, pursuant to Section Subdivision, Filed Map No, Liam H.Price.Jr.. s .)o 267 of the Town Law and the 2038,Lot No.83; further iden- Varian Provisions of the Amended tified as County Tax Map QQSe Article III Section 100- Code of the Town of Southold, Parcel Item No. 1000.384-27. 30 for missiono cons ruc a Regular Meeting and the 7:50 p.m. Application of ce m n following Public Hearings will Toba Laja Orro,187 Berry Hill an A-Residentia an Kncu- be held by the Southold Town Road, Syosset, NY for a Vat` tura)Zone wrexisting we- Board of Appeals at the South- iance to the Flood Damage e a a old Town Hall, Main Road, Prevention Law of the Town of ( ^ De of Lane) Cut- Southold, NY on Thursday, Southold,Section 46-18 for per/ nor twest 1b October 15, 1981 commencing mission to construct basement Foearty: southwest y epo j duly Sworn, at 7:15 o'clock p.m.as follows: floor below the minimum base _Call ortbeas—t G�unne— 7:15 p.m. Application of flood elevation requirements southeast v an 1oa' he SUFFOLK Carl H. King,350 King Street, at 435 Cleaves Point Road, County Tax Man Parce s No Orient, NY for a Variance to East Marion, NY; Marion 1100 toe-2-12.1 and 11. anport, in said the Zoning Ordinance, Article Manor Subdivision,Filed Map 6:50 p.m. Application of III, Section 100.32 for permis. No. 2038, Lot No. 83; further Dominick and Rose DeMain, -d is a printed sion to construct accessory., identified as County Tax Map by William J.Jacobs as agent, building in the frontyard area Parcel Item No. 1000-38.4-27. c/o Box 199B, Depot Lane, Weekly Times at 350 King Street, Orient; 7:55 p.m. Rehearing. Appli. Cutchogue,NY for a Variance bounded north by Navy Street; cation of Robert T. Bayley,55 to the Zoning Ordinance, Art- weeks west by Shaw and Nolan; West 16th Street, New York, icle III, Section 100-31 for. ' ' ' ' ' ' south by King Street; east by NY 10011 (Robert W. Gillispie permission to construct new Tyrrell; County Tax Map Par- III as agent),for a Variance dwelling with insufficient front ' ' ' ' ' ' ' ' ' ' ' ' cel Item No. 1000-26-1-27, for approval of access, New and rear yard areas at Cedar; 7:20 P.M. Application of York Town Law Section 280A. v Point Drive West, Southold, Pequash Recreation Club, Location of Property: Right- ' NY; bounded north by Cedar, Inc.,Box 902,West Road,Cut- of-Way off the east side of Point West; west by Giorda. ' • - - ' ' ' ' ' ' ' ' ' chogue, NY (by Richard F. South Harbor Road, Southold, no; south by West Lake; east Lark, Esq.) for a Variance to NY; bounded north by Stewart/ by Soverel; County Tax Map the Zoning Ordinance, Article and Freund; west by Paul; Parcel No. 1000-90-14. III, Section 100-35 for.permis- south by the bay; east by t• 9:00 p.m. Application of cion to construct fence along - -Ballenger; County Tax Map ?'. Nicholas D. Yuelys, 56005 frontyard area exceeding the Parcel Item No. 1000-87-1-21. `' County Road 48, Greenport, ' ' ' ' ' ' ' '' ' ' ' ' maximum height require- - 8:10 p.m. Application of q, NY for a Variance to the ments for fences. Location of Nina S. Fischer, Indian Neck. Zoning Ordinance,Article III, . . . . . Property:205 West Road,Cut- Lane, Peconic, NY for a Var- Section 100-32 for permission chogue; bounded northwest by/ iance to the Zoning Ordinance, $ to construct accessory build- Morris; southwest by Cut- Article III, Section 100.31 for ing (garage) in the frontyard chogue Harbor; northeast by permission to construct addi- area at 56005 County Road 48, West Road; southeast by Cut- tion to existing dwelling with g Greenport,NY;bounded north chogue-New Suffolk Park Dis- an insufficient sideyard set- by L.I. Sound; west by Chu-/ trict; County Tax Map Parcel- back at 7130 Indian Neck dan; south by C.R.48; east by Item No. 1000.110.7-12. - Lane,Peconic;bounded north- _ Atway. County Tax Map Par. 7:30 p.m. Application of west by Cukor; southwest by P cel Item No. 1000-44-1-19. Virginia L. Wickham, 105 Old.., Hog Neck Bay; northeast and tit.. 9:15 p.m. Application of Harbor Road, New Suffolk;'"'"' southeast by Prellwitz'.County""- = v. Sae I Dg �y yeDoa COUNTY OF SUFFOLK, 1 STATE OF NEW YORK, ss: Troy Gustayson being duly Sworn, . . . . . . . . . . says that . . . he. . is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county; and that the notice, of which the annexed is a printed copy, has been published in the said Suffolk Weekly Times once in each week, for . , one. , . , , . weeks successively commencing on the . . , 8th . day of . . . October r y g1 t • . . . . . . . . . . . . . . . . Sworn to before me this . . . . .8th day of Qctabex: . . . . . . . . . 19. 191. . . . . . . . . . . . . . . . . . i'.' .`�^. • . . . . . . . . . HELEN K. DE VOE NOTARY PUBLIC. Slate of New York No.4707878, Suffolk Count Term Eemres y—. 0 MEMORANDUM FOR FILE APPEAL NO. 2885 - JOSEPH J. LIZEWSKI (Tentative agenda for early Oct. ' 81) 9/15/81 Applicant' s attorney (Bill Price) informed secretary that the building to be used for professional offices is the 1� story frame house on survey mapped Mar. 9, 1981 in file. Applicant proposes addition, renovation, and then moving garage under this application. Applicant resides in 2' -story frame house nearest Depot Lane. Premises are in the same name - merged, and total acreage approx. 89,000 sq. f In the future applicant may be applying to re-separate residence parcel from professional-offices parcel. One copy of architect' s rendition to be submitted by Thurs. 9/17/81 for reference when Board schedules for public hearing for next meeting in October. Linda 9/15/81 oma, Southold Town Bard ®f Appeals n ` MAIN ROAD - STATE ROAD 25 SOUTHOLD. L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. NOTICE OF DECLARATION TERR•uTUsuu-E - ROBERT J. DOUGLASS PURSUANT TO GERARD P. GOEHRINGER N.Y.S. ENVIRONMENTAL QUALITY REVIEW ACT Joseph H. Sawicki Appeal No. 2885 Application of: Joseph L. Lizewski Location of Property in Question : State Road 25 , Cutchogue. County Tax Map Item No. 1000- 102-2-12.1 and 11. Project Proposed by Appeal Application: To construct professional office building in an A-Residential and Agricultural Zone with existing dwelling use (s) . ENVIRONMENTAL DECLARATION: Pursuant to Section 617. 13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed herein is hereby classified as a Type II Action not having a significant adverse effect upon the environment for the following reason (s) : An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. The project in question [x ] is not located within 300 feet of tidal wetlands; [ ) may be located within 300 feet of tidal wetlands but separating the property from the wetland area is a road or other type of barrier labeling this matter outside the jurisdiction of the N.Y.S. Department of Environmental Con- servation and therefore correspondence was not solicited. This declaration should not be considered a determination made for any other department or agency which may also be involved, nor for any other project not covered by the subject appeal applica- tion. Dated: September 23 , 1981. By Order of the Southold Town Copies to: Applicant/Agent Board of Appeals Town Clerk Bulletin Board Appeal File • LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following Public Hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thursday, October 15, 1981 commencing at 7 :15 o'clock p.m. as follows : 7 :15 p.m. Application of Carl H. King, 350 King Street, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in the frontyard area at 350 King Street, Orient; bounded north by Navy Street; west by Shaw and Nolan; south by King Street; east by Tyrrell; County Tax Map Parcel Item No. 1000-26-1-27. 7 :20 p.m. Application of Pequash Recreation Club, Inc. , Box 902, West Road, Cutchogue, NY (by Richard F. Lark, Esq. ) for a Variance to the Zoning Ordinance, Article III, Section 100-35 for permission to construct fence along frontyard area exceeding the maximum height requirements for fences. Location of Property : 205 West Road, Cutchogue; bounded northwest by Morris; southwest by Cutchogue Harbor; northeast by West Road; southeast by Cutchogue- New Suffolk Park District; County Tax Map Parcel Item No. 1000- 110-7-12. 7 : 30 p.m. Application of Virginia L. Wickham, 105 Old Harbor Road, New Suffolk, NY for a Variance for approval of access, New York Town Law Section 280A. Location of Property: 105 Old Harbor Road, New Suffolk; bounded north by Wickham; east by Cutchogue Harbor; south by Wickham; west by H. Wickham; County Tax Map Parcel Item No. 1000-117-3-1. 7 :40 p.m. Application of Toba Laja Orro, 187 Berry Hill Road, Syosset, NY 11791, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to build new house with insufficient front and rear yard area at 435 Cleaves Point Road (a/k/a 1945 East Gillette Drive) , East Marion, NY; Marion Manor Subdivision, Filed Map No. 2038 , Lot No. 83; further Legal Notice - Page 2 Regular Meeting for October 15 , 1981 identified as County Tax Map Parcel Item No. 1000-38-4-27. 7 :50 p.m. Application of Toba Laja Orro, 187 Berry Hill Road, Syosset, NY for a Variance to the Flood Damage Prevention Law of the Town of Southold, Section 46-18 for permission to construct basement floor below the minimum base flood elevation requirements at 435 Cleaves Point Road, East Marion, NY; Marion Manor Subdivision, Filed Map No. 2038 , Lot No. 83; further iden- tified as County Tax Map Parcel Item No. 1000-38-4-27. Rehearing. 7 :55 p.m. /Application of Robert T. Bayley, 55 West 16th Street, New York, NY 10011 (Robert W. Gillispie III as agent) , for a Variance for approval of access, New York Town Law Section 280A. Location of Property: Right-of-Way off the east side of South Harbor Road, Southold, NY; bounded north by Stewart and Freund; west by Paul; .south by the bay; east by Ballenger; County Tax Map Parcel Item No. 1000-87-1-21. 8 : 10 p.m. Application of Nina S. Fischer, Indian Neck Lane, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to existing dwelling with an insufficient sideyard setback at 7130 Indian Neck Lane, Peconic; bounded northwest by Cukor; southwest by Hog Neck Bay; northeast and southeast by Prellwitz. County Tax Map Parcel Item No. 1000-86-7-8 . 8 :20 p.m. Application of Lenore Adamson, 55 Ships Drive, Southold, NY (by Thomas F. Day, Esq. ) for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area for division of premises located at North Bayview Road and Ships Drive, Southold, NY; bounded north by North Bayview Road; west by Ships Drive; south by Mullen; east by Reese. County Tax Map Parcel Item No. 1000-79-3-9 & 10 . 8 :35 p.m. Application of Joseph L. Lizewski, Main Road, Cutchogue, NY (by William H. Price, Jr. , Esq. ) for a Variance to the Zoning Ordinance, Article III, Section 100-30 for permis- sion to construct professional office building in an A-Residential Legal Notice - Pag3 • ` Regular Meeting fowctober 15 , 1981 Southold Town Board of Appeals and Agricultural Zone with existing dwelling use at 29325 Main Road (a/k/a 320 Depot Lane) , Cutchogue; bounded northwest by Fogarty; isouthwest by Depot Lane; northeast by Dunne; southeast by Main Road. County Tax Map Parcels No. 1000-102-2-12. 1 and 11. 8 :50 p.m. Application of Dominick and Rose DeMaio, by William J. Jacobs as agent, c/o Box 199B, Depot Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct new dwelling with insufficient front and rear yard areas at Cedar Point Drive West, Southold, NY; bounded north by Cedar Point West; west by Giordano; south by West Lake; east by Soverel; County Tax Map Parcel No. 1000- 90-1-4. 9 :00 p.m. Application of Nicholas D. Yuelys, 56005 County Road 48 , Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building (garage) in the frontyard area at 56005 County Road 48 , Greenport, NY; bounded north by L. I. Sound; west by Chudan; south by C.R. 48 ; east by Atway. County Tax Map Parcel Item No. 1000- 44-1-19. 9 :15 p.m. Application of Victor L'Eplattenier, Box 361 , Peconic, NY (by Rudolph H. Bruer, Esq. ) for Variances : (1) for approval of access, New York Town Law Section 280-a and (2) to the Zoning Ordinance, Article III, Section 100-31 for permis- sion to build new dwelling with insufficient front and rear yard setbacks at Lake View Avenue and Dickinson Street, Peconic , NY; bounded by Dickinson Street; west by Lake View Ave. ; south by Garrido; east by Garrido; further identified as Subdivision Lots No. 57 and 58 , Peconic Shores Subdivision Filed Map 654 . County Tax Map Parcel Item No. 1000-67-3-12. 9 :25 p.m. Application of Alan A. Cardinale, Bridge Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article VII, Sections 100-70 and 100-71, Article VI, Section 100-62 , to construct drive-in roof addition and alteration with an insuffi- cient frontyard and further reduction of landscaped area, for Legal Notice - Page 4 Regular Meeting for October 15, 1981 Southold Town Board of Appeals bank use. Location of Property: North side of Main Road, Matti- tuck, NY; bounded west by Factory (Railroad) Avenue; south by Main Road; north and east by Bethany Cemetery Association. County Tax Map Parcel Item No. 1000-142-1-26 . 9 :30 p.m. Application of Warren E. Hufe, Jr. and Ellen Hufe, Wells Avenue, Southold, NY (by Rudolph H. Bruer, Esq. ) for a Variance to the Zoning Ordinance, Article VII, Section 100-70 for permission to utilize B-1 General Business Zoned premises for manufacturing at 45655 C.R. 48 and Youngs Avenue, Southold, NY; bounded north by Harris and Dickerson; west by Youngs Ave. ; south by C.R. 48 ; east by Edson. County Tax Map Parcel Item No. 1000-55-2-16 . 9 :35 p.m. Application of Warren E. Hufe , Jr. and Ellen Hufe (for Future Screw, Inc. ) , North Road, Southold, NY for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80 (B) for permission to utilize the subject premises for Light Industrial Use. Location of Property: 45655 County Road 48 (a/k/a 3750 Youngs Avenue) , Southold, NY; bounded north by Harris and Dickerson; west by Youngs Ave. ; south by C.R. 48; east by Edson. County Tax Map Parcel Item No. 1000- 55-2-16 . 9 :35 p.m. Application of Warren E. Hufe, Jr. and Ellen Hufe (for Future Screw, Inc. ) , North Road, Southold, NY for a Special Exception to the Zoning Ordinance, Article XI, Section 100-118D to use existing two-story house for dwelling use in a B-1 General Business Zone. Location of Property : 45655 County Road 48 (a/k/a 3750 Youngs Avenue) , Southold, NY; bounded north by Harris and Dickerson; west by Youngs Ave. ; south by C.R. 48 ; east by Edson. County Tax Map Parcel Item No. 1000-55-2-16 . 9 :50 p.m. Application of Peter and Pat Lenz , Main Road, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Section 100-35A for permission to construct gate and fence exceeding maximum height limitations at 38350 Main Road, Peconic; bounded northwest by L. I.R.R. ; southwest by Otto Keil Florists; Legal Notice - Page 5 Regular Meeting for October 15, 1981 Southold Town Board of Appeals northeast by Cichanowicz; southeast by S.R. 25. County Tax Map Parcel Item No. 1000-85-2-17. 9 :55 p.m. Application of Stanley J. Fliss, Jr. for Mattituck Air Base, 840 Bray Avenue, Mattituck, NY for a Variance to the Zoning Ordinance, Article VIII, Section 100-80 for permis- sion to construct addition to office building with an insufficient frontyard at 410 Airway Drive, Mattituck; bounded north by Bagshaw, Wickham; west by Peconic Corp. ; south by Park Ave. ; east by Wickham, Parkin, Tandy, Kujawski. County Tax Map Parcel Item No. 1000-123-1-2. 10 :05 p.m. Application of Katherine Ebert for Mattituck Holding Corp. , Mattituck, NY (by Norman A. Reilly as agent) , for a Variance for approval of access, New York Town Law Section 280A. Location of Property: Right-of-Way off West Mill Road, Mattituck, NY; bounded north by Mill Road and Killian; west by Leogrande and Cox Neck Road; south by Chudiak, McGunnigle, Zeigler, DeMaula and North Drive; east by Mattituck Creek; and near Boscola. County Tax Map Parcel Item No. 1000-106-6-part of 13. 3 . 10 : 25 p.m. Recessed hearing of Matthew MCKiernan. Dated: October 2 , 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS ---------------------------------------------------------------------x Instructions to newspapers : Please publish once, to wit, Thursday, October 8 , 1981 and forward affidavits of publication to L. Kowalski, Secretary, Boafd of Appeals, Town Hall , Main' Road, Southold, NY 11971. ---------------------------------------------------------------------x J On 10/6/81, Legal Notices mailed to each applicant or his agent listed as follows: Mr. Carl H. King (c/o Judy) Richard F. Lark, Esq. as attorney for Pequash Recreation Club Pequash Recreation Club Virginia L. Wickham Toba Laja Orro Robert T. Bayley and Robert W. Gillispie III, North Fork Agency Nina S. Fischer Lenore Adamson and Thomas F. Daly, Esq. Joseph L. Lizewski William H. Price, Jr. as attorney for Lizewski Dominick and Rose DeMaio and William J. Jacobs as agent Nicholas D. Yuelys Rudolph H. Bruer, Esq. as attorney for L'Eplattenier Victor L' Eplattenier Alan A. Cardinale Rudolph H. Bruer, Esq. as attorney for Future Screw, Inc. (Hufe) Mr. and Mrs. Warren E. Hufe, Jr. Mr. and Mrs. Peter Lenz Mr. Stanley J. Fliss, Jr, for Mattituck Air Base Katherine Ebert for Mattituck Holding Corp. Mr. Norman A. Reilly as agent for Mattituck Holding Corp. Mr. Matthew McKiernan Copies of the Legal Notice were forwarded to Suffolk Times and L.I. Traveler on 10/5/81. OEP3£E t1LK F. JUDITH T.TERRY SUFF'0L-k-r0JINTX TELEPHONE TOWN CLERK ($]() '/($.]$Q] REGISTRAR Of VITAL STATISTICS Southold, L. I., N. Y. 11971 September 14 , 1981 To : Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2885 application of Joseph J. Lizewski for a variance. Also included is notice to adjacent property owners ; Short Environmental Assessment Form; Letter relative to N.Y. S. Tidal Wetlands Land- Use; Notice of Disapproval from the Building Department ; and survey of the property. Jx4e -Town Clerk JTT/bn A, ATTORNEY AT LAW RECEIRECEIVED 828 FRONT STREET VED GREENPORT. N.Y. 11944 S C P 1 4 198 1 Phone (516) 477-1018 Town Clerk Southold September 11, 1981 Mrs. Judith T. Terry Southold Town Clerk Main Road Southold, New York 11971 Re: Appeal of Joseph J. Lizewski Dear Judy: Enclosed herewith please find appeal application in triplicate together with all other relevant forms and papers. Also enclosed please find my check in the amount of $15.00 for the filing fee. I would appreciate this matter being placed on the Board of Appeals ' calendar as soon as possible. If you have any questions, please do not hesitate to contact me. Very truly yours, William H. Price, Jr. WHP:kam Enclosures FORK NO. 3 TOWN & SOUTHOLD BUILDING DEPARTMENT + TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL q FileNo. ................................................................ Date ...........I............... ........ ......... 19�� Josr..P�+...... ....... .!..?.. . s �....... To ... alC. (!A"fi+ IS r ( N k 3I A L LGK, ................................................................................ 1q3� PLEASE TAKg NOTICE that your application dated ................................. j ......� 19........ cfia.-,q.e oSc for permit toceaetnaet ........................................at the premises located at .................................... ,;03-1t7- ! ��Maa- ( c.�, Street ( G✓ c�tn!{ , R�— .....: ............... ... Map ................................... Block ..........................—............ Lot .......... ................................ is returned herewith and disapproved on the follow;n rounds d � ...4' !. .`....... .''. /,. !1^..^.?..4h:!!. ...e -........tfN..9.... .�..J 3&-"r ................I................... Ocl Vh ( Cl t, �, ................................................................................ .......................... ................................................................................ ................................................................................ ,< Q)v[L.{/ A r�C1cC�av�in� `� ��f/"ICu-Ct.LVLR� � ',1�//�/ ✓6 ..C� ............................Y.... .... Building Inspector K �C/ 13 o SHOR7 ENVIR0NAIENTAL ASSESSMENT FORM 7 • • " INSTP.UGTIONS : ' 4: a In order to answer the questions in this short EAF it is assumed that the preporer will use currently available information concerning the project and the likely impacts of the action . It is not expected that additional studies, research or other investigations will be undertaken . (b) If any question hos been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary . (c) If all questions have been answered No it is likely that this project is not significant . (d) Environmental Assessment 1 . Will project result in a large physical change to the project site or physically alter more than 10 acres of land? . . . . . -Yes X No 2 . Will there be a major change to any unique or -unusual land form found on the site? . . . . . . . . . . Yes X No 3 . Will project alter or have a large effect on existing body of water? . . . . . . . . . . . . . . . . . . . . . . . Yes X No 4.. Will project have a potentially large impact on groundwater quality? . . . . . . . . . . . . . . . . . . . . . . . Yes X" No 5. Will project significantly effect drainage flow on adjacent sites? . . . . . . . —Yes_Z_No 6 . Will project affect any threatened or endangered plant or animal species? . . . . . . . . . . . Yes X No 7. Will project result in a major adverse effect on air quality? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .—Yes X No B . Will project have a major effect on visual character of the community or scenic views or. vistas known to . be important to the community?-Yes X No 9 . Will project adversely impact any site or structure of historic, prehistoric or paleontological importance or any site designated as a critical environmental area X by a local agency? . . . . . . . . . . . . ..: . :.: . :. : . •: . . .`Yes No 10 . Will project have a major effect on existing or future recreational opportunities? . . . . . . . . . Yes X No 11 . Will project result in -major traffic problems or- cause a major effect to existing transportation systems? . . . . . . . . . . . . . . . . . . . . . . . Yes X No 12 . Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project ' s operation? . . . . . . Yes X No 13 . Will project have any impact on public health• or .safety? . . . . . . . . . . . . . . . Yes%No 14 . Will project affect the existing community by directly causing a growth in permanent population of more than 5 percent over a one year period or have a major negative effect on the character of the community or neighborhood? . . . . . . . . . . . . . . . . . . . . . . . . . —Yes X No 15 . Is there public controversy concerning the project? . . . . . . . . . . . . . . . . . _Yes X No PREPARER ' S SIGNATURE REPRESENTING JOSEPH J. LIZEWSKI DATE 9/11/81 0 September 11, 1981 (Today' s Date) To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of Joseph J. Lizewski Location of Property: 29325 Main Road - 320 Depot Lane Cutchogue, New York Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. [ x ] Is not located within 300 feet of tidal wetlands to the best of my knowledge. * [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S. D.E.C. ] Sincerely yours, JOSEPH J. LIZEWSKI WILLIAM H. PRICE, JR. , ESQ. •OWN OF SOUTHOLD, NEW YORK• APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. oZ O o DATE ,Set...... .....1.981 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1 (We) Joseph J. Lizewski of (No #)...Main Road ............................................................... . ..................................................... Name of Appellant Street and Number Cutch. ue New York ,HEREBY APPEAL TO Mun is ipa I ity State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED .September , 1 .............1.8...... WHEREBY THE BUILDING INSPECTOR DENIED TO Joseph J. Lizewski ................................................................................. Name of Applicant for permit of (No #) Main Road Cutchogue New York ....................... .......................................................................... ....................... Street and Nuumber Municipality Staatete ( x) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY Main (State) Road A-1 Residential 1. LOCATION OF THE PROPERTY ................................ .............. ...................................... Suffolk County Tax Map No. Street Use District on Zoning Map District 1000 Section 102 Block 2 Lots 11 P/O 12 ................................................................................. lvlop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III Section 100-30 3. TYPE OF APPEAL Appeal is made herewith for ( x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (>kw3d (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such cppeal was ( ) request for o special permit ( ) request for a variance andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X) A Variance to the Zoning Ordinance is requested for the reason that petitioner desires to construct a professional office building on the subject premises which is not a permitted use in the A-1 Residential District. Form ZB1 (Continue on other side) �y ZV0 REASON FOR APPEAL • Continued • 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because petitioner, a dentist, owns the subject parcel upon which is located two (2) houses, two (2) garages, two (2) barns, three (3) sheds, and one (1) privy. The petitioner cannot fully utilize all of this property for his house and one (1) permitted office. Petitioner desires to construct and maintain a professional office building con- taining three (3) suites and maintain his residence. Without the permission to construct the professional office building, petitioner will be unable to attract other needed professionals to the hamlet of Cutchogue. Petitioner, if not permitted to construct such office, will suffer financial hardship in required maintenance of non-utilized structures. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because this property is on the main thoroughfare of the hamlet of Cutchogue, is in the immediate vicinity of several commercial enterprises, and is zoned residential, not in the character of the surrounding neighbors. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the proposal would make professional services more readily available to the residents of Cutchogue and New Suffolk and, in that the surrounding area is commercial, the construction of a professional office would not change the character of the district. STATE OF NEW YORK ) ss . ..........I............... .. . . atu COUNTY OF SUFFOLK ) WILLIAM H. PRICE, JR. , Attorney/Agent for JOSEPH J. LIZEWSKI September Sworn to this 19 81 I.I........................ .. . day of otary ubli :*b Welch Pp W% , to g" REASON FOR APPEAL • Continued • 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- scry HARDSHIP because petitioner, a dentist, owns the subject parcel upon which is located two (2) houses, two (2) garages, two (2) barns, three (3) sheds, and one (1) privy. The petitioner cannot fully utilize all of this property for his house and one (1) permitted office. Petitioner desires to construct and maintain a professional office building con- taining three (3) suites and maintain his residence. Without the permission to construct the professional office building, petitioner will be unable to attract other needed professionals to the hamlet of Cutchogue. Petitioner, if not permitted to construct such office, will suffer financial hardship in required maintenance of non-utilized structures. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because this property is on the main thoroughfare of the hamlet of Cutchogue, is in the immediate vicinity of several commercial enterprises, and is zoned residential, not in the character of the surrounding neighbors. 3 The Variance would observe the spirit of the Ordinonce and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the proposal would make professional services more readily available to the residents of Cutchogue and New Suffolk and, in that the surrounding area is commercial, the construction of a professional office would not change the character of the district. STATE OF NEW YORK ) ss ... ............. ........ 55.... ...*u .. COUNTY OF SUFFOLK ) WILLIAM H. PRICn, JR. , ttorney/Agent for JOSEPH J. LIZEWSKI Sworn to this ...............I U....................... day of..........September......................... 19 81 otary ubli bT11Y A. MA.TAFER F* �.,.. �4657582 M- �'in Suffolk Qpy ^eras Marqh 3(t if&E3 1 •TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. Q, 09-5 DATE .SeVt.... , 1981 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. i 1, (We) Joselh J•...Lizewski.................... .of (No #) Main Road . ................................................... Name of Appellant Street and Number Cutchoque New York ............................................................. „HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED .September 18! 1980 WHEREBY THE BUILDING INSPECTOR DENIED TO Joseph J. Lizewski ................................................................................. Name of Applicant for permit of (No #) Main Road Cutchogue New York .................................................................................................................................. Street and Number Municipality State ( x) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY Main (State) Road A-1 Residential 1. LOCATION OF THE PROPERTY .......................................... .......................... Suffolk County Tax Map No. Street Use District on Zoning Map District 1000 Section 102 Block 2 Lots 11 P/O 12 ................................................................................. Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III Section 100-30 3. TYPE OF APPEAL Appeal is made herewith for ( x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons, Laws Art. 16 Sec. 280A Subsection 3 4, PREVIOUS APPEAL A previous appeal km3d (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeol was ( ) request for a special permit ( ) request for a variance and was made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X) A Variance to the Zoning Ordinance is requested for the reason that petitioner desires to construct a professional office building on the subject premises which is not a permitted use in the A-1 Residential District. Form ZB1 (Continue on other side) .02 Mro. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of JOSEPH J. LIZEWSKI NOTICE to the Board of Appeals of the Town of Southold TO: William J. Fogarty Joseph P. Dunne Depot Lane Pine Neck Road Cutchogue, New York Southold, New York YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (VarianceJK*ock tfzuwMi+ax)cKWzadad-P&mxbt (cobmckWmwktgxeiie 1. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows:Bounded North by land of William J. Fogarty, East by land of Joseph P. Dunne, South by Main Road & land of Joseph J. Lizewski, West by Depot Lane & land of Joseph J. Lizewski. Bounded beyond land of Lizewski . on the South is the Main Road and on the West is Depot Lane. 3. That the property which is the subject of such Petition is located in the following zoning district: A Residential & Agricultural 4. That by such Petition, the undersigned will request the following relief: Permission to construct a professional office building on the subject premises S. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Article III Section 100-30 6. That within five days from the date hereof, a written Petition requesting the relief specified above will he filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals;that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Travel er-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: September 11 , 1981 Petitioner JOSEOV JW ZEWSKI By WILLIAM H. PRICE, JR. , Attorney Post Office Address 828 FRONT STREET GREENPORT, NEW YORK 11944 y;!�;q r4MfGM Fe.'tli • eN a� Mu' PROOF OF MAILING OF NOTICE NAME ADDRESS William J. Fogarty Depot Lane Cutchogue, New York 11935 Joseph P. Dunne Pine Neck Road Southold, New York 11971 1 Q 6 CD � � o a M c W _ I W G { 4 > w .LI s�H z t IQC> ro '-4 00 O r N _ o LL U T_ Uov O Q LJ a Q W \ FD 4J 4 a,�..- 4_) 1 HAHS AIDIH N NN13H US37AtlWSOUd`bpa aHOA BH1S1d nnsmo7 Q 9,fiI '!SIC 'wm, I Sd STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: KATHY MAZZAFERRO Chestnut Road Southold, New York_ 111 971 residing at , Of being duly sworn, deposes and says that on the day ��' er T 9 81 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Southold ;that said Notices were mailed to each of said persons by (certified)*DCXbMeF=*mail: Sworn to before me this KATHY ZZAI±E September Tg 81 Notary Pl lic iAJMJ 56. 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SU:.YE' - - - N IS FRU A ED A L J H G TO Hi- L( L-atici -SurvCtlor5 TITLE (:OEBPANY, y;;Y s R: A' AG.vcCY A. LENDING INST TUTION L!S%Ln ..0.', A.E --til of-IL New 7r1: t` TO THE A5$[GNCE@ CF I LfllD 0411- . / TUTION. GUARAMEES A',,i<CT lGAl"C.J.. .. _ _.r0-AMMONAk 1NMNTUTION9 Q SlIIISIEOUr - - - .-NEIL€ PROPOSED PROFESSIONAL COMPLEX - ,Vi'; . � ELEVATION 56ALE I1bn I o r Boar of Appeals f Town of Soomom j%L )a; � c,]— NEW ADDITION EXISTING BLDG SUITE B SUITE G E%kM office _ I l u M 13' t �-� LAV E%AM Pff1cE E%AM LRb - SUITE A Iiia 114 Ie'x 114 (] v uV WA111904LAV - - . __- - - Pt MRAT 6 x AM la' x�� RlLO�TION LAV_ dL Ab ING RM a 9' x12° dPPICE EXAM E%aM REtSPTldn1 14sh14a 11° nII• _ II • x Ia' 11tAIP • BGE TION WiA1Tl N_G RM. dPN fEI.A NGB 126 _j . r '�_ry.1.:`� .,✓ � .��1: T tow —•- orPl �e n 14B . 141 �I 6TPRA66�Eq� / 12` FLOOR PLAN SLALE I�b�I• 11 �° PROPOSED PROFESSIONAL COMPLEX �eeu�ed gl�'��PI 4 - Board of Appeals Town of Southold $47A7 N ; CO I"'r- II tx151. AA4 1 - ' ' J r --s � f t -a 'J r• 3 SITE PLAN ] L6P4ALS I"< 201 r _- O AREA OF >1T6 fc8, 554. 6Q,F T. SVT N o� l O Z ------ 233. 701 ---- ----- --- --� DEPOT IL ANE oar of Jlppoalsof Appoals ____ _ ,� Town of Southold