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HomeMy WebLinkAbout3322~/.s ,lain Rd. & E/s Depot La. #3322 L i ~e~ ~ k~, ao s~-p h~ ~[i~Za~ ~ /~5 3322~ Special. exception hearing~_to con.~en~e.con,- cerning establishment of ?cquetball/ p~iv'ate ~embe~sh~p "~'~ ~:'~/~ 3350 V, ariance to construct building ~f.or private ~N. membership with an insufficient s~tback ~ Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cJ'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal Application January 1985 TO: Dr. Joseph J. Lizewski, D.D.S. Main Road Cutch0gue, NY ]]935 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on May 2, 1985, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [X] Request for Special Exception under the Zoning Ordinance Article III , Section 100-30(B)[6] [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for Application of JOSEPH LIZEWSKI, 29205 Main Road, Cutchogue, NY for a Special Exception to ~ Zoning Ordinance, Article III, Section 100-30- (b)[6] and Article VI, Section lO0-60(B)[1](a) for permission to establish recreational use (private racquetball membership club) at premises located on the north side of Main Road and east side of Depot Lane, Cutchogue, NY; District 1000, Section 102, Block 02, Lot 12.1. (B-Light Business Zone) WHEREAS, a public concluded on April ll, Appeal No~ 3322, and hearing was held initially March 7, 1985 and was 1985 concerning the Matter of JOSEPH LIZEWSKI under WHEREAS, the board members have personally viewed and are familiar with the subject premises as well as its surrounding area, and WHEREAS, the board has considered all testimony and documentation entered into the record in this matter, and WHEREAS, there has been no opposition entered in the record up until the conclusion of the public hearing, and WHEREAS, the board made the following findings of fact: 1. The property in question is located Zoning District pursuant to a change of zone Tow Board March 9, 1982. in a "B-Light Business" granted by the Southold 2. The property in question fronts along the north side of the Main Road (State Route 25) 147.39 (and 116.37) feet and is also situate with frontage along the east side of Depot Lane 173.13 feet (and 233.7 feet), and is shown to contain an area of approximately 1.5 acres and approximately 20,000± sq. ft. including the one-family dwelling and lot at the corner of Depot Lane and Main Road, also owned by the applicant. 3. The subject premises is improved as shown on the site plan dated April 6, 1984, for one-family residence and professional office uses. 4. This is an application for a Special Exception by which applicant proposes to construct a 44' by 66' recreational addition for use as a private racquetball membership club with a setback at DATED: May 17, 1985. Form ZB4 (rev. 12/81) (CONTINUED ON PAGE TWO) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Application No. 3322 Matter of JOSEPH LIZEWSKI (Special Decision Rendered May 2, 1985 Exception) 32 feet from the easterly side property line. 5. Article III, Section 100-30(B)[6] permits annual membership clubs catering exclusively to members and their guests after receiv- ing a special exception from this board and site plan approval from the Planning Board in accordance with Section 100-134 of the Code. 6. For the record it is noted that conditional approval has been made simultaneously herewith to grant an insufficient sideyard setback from the easterly property line at 32 feet under Appeal No. 3350. In considering this application, the board determines: (1) the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (2) that the safety, health, welfare, comfort, convenience and order of the town will not be adversely affected by the proposed use and its location; (3) the use is in harmony with and will promote the general purposes and intent of zoning since it is a permitted use. In passing upon this apPlicatiOn, the board has also considered items (a) through (1) of Article XII, Section 100-121(C)[2] of the Zoning Code. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that a Special Exception as requested under Appeal No. 3322 in the Matter of the Application of JOSEPH LIZEWSKI at premises known and identified on the Suffolk.County Tax Map as District 1000, Section 102, Block 02, Lot 12.1, BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING: Modification of the Si~e Plan by the Planning Board to include a minimum of 27 parking spaces (inclusive of handicapped parking). Vote of the Board: Douglass and Sawicki. of all the members. Ayes: Messrs. Goehringer, Grigonis, Doyen, This resolution was adopted by unanimous vote lk May 17, 1985 AND FILED BY '~iE SOUTiiOLD TC)17i~ --.r DATE , ' · E.OUR v -' NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, MARCH 7, 1985, and as follows: 7:30 p.m. Application of DOUGLAS A. COOPER, P.O. Box 16, Mattituck, NY for ~ Variance to the Zoning Ordinance, Article III, Section lO0-30(A) for permission to construct pole barn/stable ~ccessory to keeping of horses on this 2.4± acre parcel located on a private right-of-way extending from the north side of Bergen Avenue, Mattituck, NY; District 1000, Section 105, Block O1, Lot 002.2. ~ 7:35 p.m. Road, Cutchogue, Application of JOSEPH J. LIZEWSKI, 29205 Main NY for a Special Exception to the Zoning Ordinance, Article VI, Section lO0-60(B)[l](a), and Article III, Section 100-30(B)[6] for permission to establish recreational use (private racquetball membership club) at premises located on the north side of Main Road and east side of Depot Lane, Cutchogue, NY; District 1000, Section 102, Block 02, Lot 12.1 (B-Light Business Zone). 7:40 p.m. Application of ALICE D. CURRIE, 68 West Fenimore Street, Valley Stream, NY 11580, for a Variance to the Zoning Ordinance, Article III, Section 100-31 to re-define and change lot lines of three parcels which contain insufficient area, depth and width, located on the North Side of Soundview Avenue, Southold, NY; District 1000, Section 059, Block 06, Lots 18-19. 7:45 p.m. Application of ANDREAS PALIOURAS, 37-17 20th Road, Astoria, NY 11105, for a Variance to the Zoning Ordinance, Article XI, Section lO0-118(D) for permission to reinstate and restore dwelling structure to its original condition as a one-family residence located at 32570 C.R. 48, Peconic, NY; District 1000, Section 74, Block 04, Lot 009. " 7:50 p.m. Application of WILMA MEEHAN AND MARY LEONARDI, Paul Caminiti, Esq., Main Road, So~thold, NY for a Variance to the Zoning Ordinance,'Article III, Section 100-31 for approval of two lots in this proposed re-division of land containing insufficient area, width and depth, located at Reydon Drive, by Page 2 - Legal Notice Public Hearings of March 7, 1985 Southold Town Board of Appeals Southold, NY; Reydon Shores Subdivision Lots 29 through 35; District 1000, Section 80, Block 02, Lot 015. 7:55 p.m. Application of ROBERT AND ALDONA NORKUS, by Richard J. Cron, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient width of four proposed parcels located off Orchard Lane, approximately 450 feet easterly from Cedar Beach Road, Southold, NY; consisting of Cedar Beach Park Subdivision Lots 35, 36~ 37,.38, 47, 48, and part of 49; District 1000, Section 89, Block 3, Lots 8.1, 10, 11.1, 6, and 4. 8:05 p.m. Application of JOHN AND FRANCES DiVELLO, by Wickham, Wickham & Bressler, P.C;, Main Road, Mattituck, NY for Variances: (a) to New York Town Law, Section 280-A for approval of access over a private right-of-way known as "Meday'' Avenue," and (b) to the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule, for approval of insufficient area and depth of parcels in this proposed Subdivision. Location of Property: Meday Avenue and Westphalia Road, Mattituck, NY; 1921 Subdivision of "William B. Codling" Lots 1 to 7, inclusfve; District 1000, Section 113, Block 9, Lots 8 and 15, containing 4,38+ acres. The Board of Appeals will at said time and place hear all persons having interests and concerns of the above matters. Written objections may also be submitted prior to the conclusion of that hearing. Dated: February 26, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski, Secretary (516) 765-1809 (alt. 1802) Instructions to Newspapers: Please publish THURSDAY, FEBRUARY 28, 1985 and forward 7 affidavits of publication on or before March 5th to Board of Appeals, Main Road, Southold, NY 11971. ZONING BO/~.RD OF APPEAO ~ c,w i'll HALL MA;H ROAD , S.R. 25' SOUI'HOLD, N.¥...1197~. NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY at-a Regular Meeting, commencing at 7:30 p.m. on THURSDAY, APRIL ll~ 1985, and as follows: 7:30 p.m. EMILIA T. PIKE, by A. Wickham, Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for approval of insufficient area of proposed Parcels 1 and 2 and insufficient lot width of Parcel 1, located at the North Side of Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-140-03~26. 7:35 p.m. COLGATE DESIGN CORP., by W. Esseks, Esq., 108 East Main Street, Riverhead, NY for a Variance to the Zoning Ordinance, Article VII~ Section 10041 for permission to construct accessory building within the westerly sideyard area. Location of Property: 7-11 Store, North Side of Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-05-24. 7:40 p.m. BAYVIEW DEVELOPMENT COR~/SAGE, by J. Forchelli, Esq., 120 Mineola Blvd, Mineola, NY 11501 for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule and Article XIII, Section 100-136A for approval of insufficient area of each lot in this proposed 19-lot cluster development or subdivision and insufficient setbacks. Location of Property: 67380 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-053-05-001,001.3, q2.3; known and referred to as "Breezy Shores." 7:55 p.m. JOSEPH LIZEWSKI, 29205 Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30(B)[6] for permission to construct building for private membership with an ~nsufficient setback from the easterly property line. Location of Property: N/s Main Road and E/s Depot Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-102-02-12.1. ~ 8:00 p.m. JOSEPH LIZEWSKI - Special Exception hearing to ~reconvene concerning establishment of racquetball/private member- ship club. I~ 8:05 p.m. TOMA5 HIGGINS, Ruch Lane, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory garage in frontyard area, at 850 Ruch Lane, Southold, NY; County Tax Map Parcel No. 1000-52-02L30. FORM NO. 3 TOWN OFSOUTHOLD BUILDING DEPARTMENT TOWN CLERK'SOFF~E SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL To :. .. ·..."Z."/. ~...~ 3. ~C~ .......... PLEASE TAKE NOTICE that your application aatea . .~~... ~..~ ..... ,19 ~ for pe~it to const~ct .... ~.~...~~ ............... at Location of Property ,~.~.~ ...... ~.~~ ~ ..... county t~ ~p ~o. ~000 S~tion . ./ a ~ .... ~o~k ............. ~t[. ~.,. d .... Subdivision ................. Filed Map No ................. Lot No .................. ~, ~u~ ~wi~ an~ ~app~ow~ on ~ fo,ow~, ~oun~...~Z~...~:. Building Inspector RV 1/80 2-0- FORM NO. I .......... · ' · , 'BUILDING DEPAR'fMENT SEPT I (; I.'ORH ............. : TEL.: 765-1802 C^I,! ................. 19'~ HA It, '1o :~ . '~-:*' ,'= 7 ..... : ........ Disapproved a/c ..................................... (BtFdding lnsl~ctor) APPLICATION FOR DUILDING PERMIT · Tr: , ~ I)ate .................. 19.,. INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to tile Building ln~l,c'ctor, widx 3 :ets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premi,,cg or public streets ,ar areas, and giving a detailed description of layout of property must lie drawn on the diag:am which is part of this appli- cation. c. The work covered by this application may not be commenced before i~uance of Building Pcrn,;t. d. Upon approval of this application, the Building Inspector wilt issued ;~ Bnihlhlg Permit to thc applica:~t Such p,:rmit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for a~y purpose whatcv~'~ ,mill a Certificate of O,:cup:mcy ~hall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for thc issuance ota Building Permit pmsuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and o!her applicable l.aw~. ()rttimmces Regulations, for tile constructiou of buildings, additions or alterations, or fur removal or d:'molit.m, ag herein described. I'he applicant agrees to comply with all applicable laws, ordinances, building code, h`ausi.g cotlc, ami .dmit authorized inspectors on premises and h~ building for ncccss:uy inspcclions. name, (Maili.~ add tess of applicant) State whether applicant is owner, lessee, agent, architect, engineer, geacral contrach,r, clectrici:m, plumber or builder ........................................... I .... "',, '<'-'~ ~) ....... ~"': Name of owner of premises If applicant is a co~oration, signature of duly anthorized.~'icer, c:'r-:~ j ~' ' ..... " '~':- - ...... ~ ........ ~. ~ .-~ .. · (Name ~d title of co,orate officer) . ' ~ '' ~ Builder's License No .......................... Plumber'~ license No ......................... a ~.~ ,, ' ~ /'. ' Elcctrician'~ License No ....................... Otl rT de's[i risen 1. Location orland on which propos~ w~rk will bc done .... %~->?*' . .... ';' ~¢~': .' f..': .'. ~. ......... ......... ~ .............. :.. ........................... ~ 4~'%(,,~, ~,~,-__ .... Street co,.,,y ~, ,~, ~o. ~ooo s,c,io, .... J.O.& .... B~,,,., ...... Q. ~. ..... ,,,,... ). ~.'. 1 ......... Subdivision ..................................... Filed Map No ............... l.ot ........... (Name) State ex sting use and occupancy of premises and intended use and occul)ancy of proposed construction: a. Existing use and occupancy ........ ~..~ ................................................... b. Intended use and oeo, . ,ney ........... ~'~ . .cg-_-_-_-_-_-_-_~q.. (. '~0 .............. ~ ~"). .............................. · '_ '.~ (c~heck wh3~ appli~,~/l~ New Building ..... ' ..... A~ioq,m. ......... ,A, Iteration .......... · ~./.~' ..... ' .... ~moval II~['.'. ..... '... Demolition ........ ~...~Ot. her V, ork ............... /~'" '" ~'¢'~..~. 3' a',-'~-~- ~,-,.~ -,~g.-,~. C (Dcscriptiolo ¢/f~dwmeated Cost*. ....................... ' .... ' .......... Fee ...................................... · , (to be paid on filing thi~; application) lling, number of dwelling units.... ~ ..... Number o f dwelling nnits on each floor ................ Il' garage, number of cars ............ .t~. ¢~: .................................................. If business, commercial or mixed occupancy, specify nature and extent of cacl~ [ype of use ..................... Dimensions of exis)ing structures, ~f any: l'ront ....... ~{'~ ..... Rear ............... I ............... lteight '~,~ -- Number of Stories ........................................................ Dimensions of same structure wilb alterations or additions: Front ................. Rear .................. Deplh ...................... Height ...................... Number of Stories ...................... I)imension$ of entire new construction: Front ............... Rear ............... Dcplh ............... l leight ............ Nmnber of Stories ..................................... ,: ~-. ........... $izeoflot: Front iii,~.~.,cd. ............ Rear ....... ?r-, · .~. ......... DCl,l . · .L. ('.6'. '.2t ........ Date of Purchase ............................. Name of Former Owner ............................. Zone or use district in which premises are situated ..................................................... Does proposed construction violate any zoning law, ordinance or regulation: ................................ Will lot be regraded .... · ....................... Will excess fill be removed froni premises: Yes No Name of Owner of premises . .'x~o.'~..L ~.~:-~e'~.. Address ................... l'hone No ................ Name of Architect ............. , ...... ~[- ...... Address ................... I lmm. N( ................ Name of Contractor ... ~5~..-a.... ~l,r,~.qtQ ...... Address .... : .............. Phone N9 ................ ls this property located w±thit/ 300 feet of a tidal wetland? ~'~e. ,,If yes, Southold Town Trustees Perm:it maybe reqo±red. PLO'r DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dm~ensions from ;::rty lines. Give street and block number or description according to deed, and show street names and indicate whether nor or corner lot. I'1:~ OF NEW YORK, S.S t.',rFY OF..: .............. (Name of individual signing contract) being duly sworn, deposes and says that hc is the applicant ; the ........................................................................ . .... {t ......... (Contractor, agent, corporate officer, etc.) ~.', .~ ~* ,c ,id owner or owners, and is duly authorized to perform or have performed the said work and to make and file ttfis cation; that all statements contained in this application are true to the best of bis knowledge and belief; and that the · will be performed in the manner set forth in the application filed therewith. m to before me this ............ ~ .~. ..... day of ...... .~- ...'~, · , ........ 19 .~.~7 ~ry Public ....... ~..~......~..Lc'. ~...~-~... County {~ ~ ~ r~-/ · "' · ............. 'l~4~'~'~:t~V~mn= ¢--~be~' .~ ~/J U ~t/ ~ (Signatnre ofapplic ) NEw ¥OR APPPLICATION FOR SPEC/AL EXCEPTION 1985 APPLICATION NO. ~_~o~,~9 ,~ DATE ...~.~.~:.~.~ ..... TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. Y. NAME STREET AND NUMBER MUNICIPALITY STATE hereby apply to THE ZONING BOARD OF APPEALs for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE ARTICLE ~_.. SECTION /CC? - ,=~C- d-~d~..~ SUBSECTION THE SPECIAL EXCEPTION IS REQUESTED BECAUSE ~th~ ~-~ y , NOTARY PUBLIC ELIZABETH BUSS~ ~IOTARY PUBLIC, State oF N~I~ ~ No. 4755734 Qualified in Suffolk Counl~ ~l~mission Expfr~s M~ch ~ ~ FORM ZB2 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO~.-~4~' DATE ./../if~..~/.~./~ o°b- TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We)..~0.~.....~...~.~.~.~....o~ ...... ~.~.~.~ ................................ Name of Appell~n~ Street and Number ............................. ~~~Z.~ ................................ ~.~ .......... HEREBY APPEL TO Municipoli~ State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: FOR: WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of ...... .~.~...4~..,... ~.....7....~.~. ~?..~ ......... ~..~....~..~ ..,~............~.....~.... ................ Street and Number Municipality State () PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ~)"~PRAMTT TO BUTT,D 1. LOCATION OF THE PROPERTY ................................ ~g~,;,.~-'~,. ............................... Street and Hamlet Zone ./ Mop No. / ' L%t 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 '7-~ , Section /~-.~Z3-- ,4~) 3. TYPE OF APPEAL Appeal is made herewith for ( ~¢'"~A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( i'~request for a special permit ( ) request for a variance and was made in Appeal No.....~.~..;~.. .............. Dated ...................................................................... REASON FOR, APPEAL ( ) A Variance to Section 280A Subsection 3 (~A Variance to the Zoning Ordinance ( ) requested for the reason that ~e ~o~ld l±ke 'co Zt~.-~,--<-, is Form ZBI (Continue on other side) REASON FOR APPEAL Continued sary HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3 OIARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK ) SS couNTY OF Sworn to this ................ ~....~......'T7 ................. day (\ Notary Public No. 4755734 Qu¢fified in Suffolk ~ Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI October 9, 1987 Charles R. Cuddy, Esq. 180 Old Country Road (Rte. P.O. Box 1547 Riverhead, NY ll901 58) Re: Appl. Nos. 3350 and 3322-SE Joseph J. Lizewski Location of Property: E/s Depot Lane and N/s Main Road, Cutchogue; 1000-102-02-12.1 Dear Mr. Cuddy: This letter is in response October 6, 1987 concerning the stances. to your letter dated above premises and circum- As you are aware, setbacks for accessory the "A" Residential and the only Zoning District regulating buildings in the Zoning Code is in Agricultural District. In reviewing this matter, the following circumstances have been taken into account and relied upon: 1. The subject premises is located in the "B-Light Business" Zoning District. 2. The Provisions of Article VI regulating this Zone do not provide for setback limitations of proposed accessory buildings. 3. On May 2, 1985, Conditional Approvals were rendered by this Board under Special Exception No. 3322 and Variance Application No. 3350 concerning this site and based upon the April 6, 1984 Site Plan Map prepared by Garrett A. Strang, R.A. Page 2 - October 9, 1987 · ,To: Charles R. Cuddy, Esq. Re: Appl. Nos. 3350 and 3322 - Joseph Lizewski Location of Property: E/s Depot Lane, Cutchogue 4. Subsequently, on June 3, 1985, the Building Inspector certified this project as to meeting all zoning regulations; and on July 19, 1985, the Chairman of the Planning Board endorsed the subject Map. It is our understanding that the project is in its final stage under the site-plan review process. 5. The subject 30± ft. by 60± ft. accessory structure was considered in the above Board approvals in the general location as now exists. 6. Permits have been issued concerning the new construction, as well as the re-positioning of the accessory building (provided for in Permit #15716Z issued 2/28/87). 7. The subject accessory structure is located at a distance in excess of 40 feet from the property line along Depot Lane and 20 feet from the northerly property line, more or less (although not yet placed upon a permanent base). It is the position of the Town that setbacks for acces- sory buildings in the commercial zonin9 districts, including the "B-Light Business" District, must not be less than that required for principal structures. The "B-Light" Zone requires a minimum of 35 feet from all front property lines. It is the position of this Board that since the subject accessory building: (a) is located in excess of this setback requirement, (b) shall continue to be used as an "accessory on this lot and customarily incidental to the permitted use[s] and not involvin9 a separate business" per Article VI, Section 100-60C[2] of the Zoning Code, and (c) will meet such con- struction code regulations as apply, [before the issuance of a final Certificate of Occupancy for this building], a variance is not required for further interpretation, etc. It should be understood, however, that in the event an additional principal use is proposed by an expansion into this accessory buildin§ or otherwise on this site, further approvals will be necessary by both the Planning Board and the Building Department, as well as this Board, particularly if such (new) principal use is in ~ddition to those uses previously applied and approved. Page 3 - October 9, 1987 To: Charles R. Cuddy, Esq. Re: Appl. Nos. 3350 and 3322 Joseph Lizewski Location of Property: E/s Depot Lane, Cutchogue A copy of this letter is simultaneously being furnished to the Building Department for their files. lk CC: Yours very tr~, ~ / CHAIRMAN J Building Departmen~ Southold Town Board of'Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLD, L.I., N.Y. llCJ?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI TO: Judith T. Terry, Town Clerk Town Board of Appeal~) FROM: Southold DATE: October 17, 1985 SUBJECT: Your Memo Dated October 17, 1985 Joseph Lizewski Main Road and Depot Lane, Cutchogue In response to your recent inquiry, please be advise~ that we do not have an application or other written material of recent date concerning the above-noted premises. We do, however, have a conditional Special Exception which was granted for the establishment of a private racquetball club on May 2, 1985; a copy is enclosed. Also enclosed is a copy of the conditional variance granted May 2, 1985 for a 32-foot setback from the easterly property line (at variance from the established 40 feet existing and unlimited sideyards for other permitted uses in this B-Light Zone). G~ss R. GUPPY -~TTO~Y AT LAW 180 O~ GO--THY RO~ (RTE. 58) ~V~, ~ 11901 October 6th, 1987 Gerard P. Goehringer, Chairman Southold Zoning Board of Appeals Main Road Southold, NY 11971 Dear Mr. Goehringer: I represent Joseph and Judy Lizewski. They own property at the Main Road, Cutchogue, identified by tax map number 1000-102-02-12.1. The property is the site of construction, which is virtually completed and which includes amongst other uses, Dr. Lizewski's dental office as well as a health club. A barn was located adjacent to the northwest corner of the newly constructed building. In order to eliminate a potential fire hazard the Lizewskis agreed to move that barn. In February, 1987, Joseph Lizewski obtained a permit to permit the barn to be moved to a new location on the same lot. Attached is a copy of the building permit, application form and a sketch showing the approximate location of the barn in its original position and a proposed new location. In fact, the barn was moved on a line which is nearly parallel to its former location. It is in excess of forty (40) feet from the street line and twenty (20) feet from the side line. It has come to my attention that, even though a building permit to move the barn was issued, that the building inspector is presently taking the position that. the barn does not comply with the set back requirements. You will note that the land is presently zoned "B-Light". Either as a principal structure or accessory structure the barn will meet the requirements of the zoning code as to set back distances. At no time during the lengthy process involved in obtaining site plan approval or building permits was any mention made of the location of the barn as being inappropriate. However, at the urging of the building department the barn was moved. As noted this was accomplished with the consent of the building department and resulted in the issuance of a permit. Page Two Letter to Zoning Board October 6th, 1987 of Appeals A review of the Town Code indicates that there is no set back requirement for accessory buildings in the "B-Light" zoning use district. The facts and the law, I believe, establish the following: 1) The Lizewskis applied for and obtained a building permit move the barn, and in reliance upon it expended thousands of dollars to relocate that structure; to 2) The barn in its relocated position is at, or exceeds, back distances shown on the sketch plan accompanying the application; the set 3) Southold Town, has, through its building department, uniformally interpreted the Town Code where no set back require- ments are set forth to require the same set backs as required of accessory structures in the residential districts; 4) There is no set back requirement for accessary structures in the "B-Light" zoning use district; 5) The barn in its present location meets the set back requirements even for principal structures in the district; 6) As applied to this structure and to these facts there is no need for an interpretation of the Town Code, and the location of the barn does not violate the Code. I submit that the barn is appropriately positioned on the Lizewski parcel. I would appreciate your confirming that the set backs, as described, are proper and that the location of the barn does not violate the Southold Town Code. Thank you for your consideration of this matter, and ! am hopeful that you will be able to provide me with an early response. Very truly yours, Charles R. Cuddy~ CRC:cz enclosures COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 Town of Southold Board of Appeals May 31, 1985 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Comm~ssion are considered to be a matter for local determination. A decision of loca/ determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number Joseph Lizewski Helen & William Coster 3oseph Lizewski 3322 3326 3350 CGN:jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 SOUTHOL. D, L.I., N.Y. ~11cJ'71 TELEPHONE (516) 765-1809 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: Variance from the Zoning Code, Article , Section Variance from Determination of Southold Town Building Inspector X×. Special Exception, Article III , Section 100-30(8) [6] -- Special Permit Appeal No.: 3322 Location of Affected Land: County Tax Map Item No.: Within 500 feet of: XX Applicant: Joseph Lizewski N/side of Main rd. E/side 1000- 102-02-12.1 of Depot La. ~ Town or Village Boundary Line ~ Body of Water (Bay, Sound or Estuary) __ State or County Road, Parkway, Highway, Thruway __Boundary of Existing or Proposed County, Owned Land ~ Boundary of Existing or Proposed County, 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, State or Federally- State or Federal Park or Within One Mile of a Nuclear Power Plant __ Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to establish use of (Private racketba]] membership club) at premises recreational Copies of Town review. Dated: file and related documents enclosed herewith for your Secretary, Board of Appeals Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 BOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 · APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI May 17, 1985 Dr. Joseph J. Lizewski, Main Road Cutchogue, NY 11935 D.D.S. Re: Applications No. Dear Sir or Madam: 3350 and 3322 Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application,s. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may ~? applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of th~ building inspector (765-1802 Yours very truly, Enclosure Copy of Decision to Building Department Planning Board' Suffolk County GERARD P. GOEHRINGER CHAIRMAN Secretary Planning Commission Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, I-.I., N.Y. 11971 ACTION OF THE ZONING BOARD OF APPEALS TELEPHONE (516) 765-1809 Appeal No~ Application Dated March 26, ]985 TO: Dr. Joseph J. Lizewski, D.D.S. Main Road Cutchogue, NY 11935 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on Ma~ 2, ]985, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section IX] Request for Variance to the Zoning Ordinance Article III , Section ]00-30(B)[6] [ ] Request for Application of JOSEPH LIZEWSKI, 29205 Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III Section 100-30(B)[6] for ~ermlssion to construct building for private membership with an insufficient setback from the easterly property line. Location of Property: North Side of Main Road and East Side of Depot Lane, Cut- chogue, NY; County. Tax Map Parcel No. 1000-102-02-12.1. WHEREAS, a public hearing was held and concluded on April ll, 1985 concerning th_,~=,Matter of the Application of JOSEPH LIZEWSKI under Appeal No.~__,~ and WHEREAS, the board members have personally viewed and are familiar witht he premises in question as well as its ~urrounding area, and WHEREAS, the board has considered all testimony and documentation entered into the record concerning this application, and WHEREAS, there has been no Opposition entered in the record up until the conclusion of the public hearing, and WHEREAS, the board made the following findings of fact: 1. The property in question is located in a "B-Light Business" Zoning District pursuant to a change of zone granted by the Southold Tow Board March 9, 1982. 2. The property in question fronts along the north side of the Main Road (State Route 25) 147.39 (and 116.37) feet and is also situate with frontage along the east side of Depot Lane_ 173.13 feet (and 233.7 feet), and is shown to contain an area of approximately 1.5 acres and approximately 20,000± sq. ft. including the one-family dwelling and lot at the corner of Depot Lane and Main Road, also owned by the applicant. 3. The subject premises is improved as shown on the site plan dated April 6, '1984, for one-famill residence and professional office DATED: May 17, 1985. Form ZB4 (reV..i2/81) (CONTINUED ON PAGE TWO) CHAIRMAN, SOUTHOLD TO~fN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3350 Matter of JOSEPH LIZEWSKI Decision Rendered May 2, 1985 uses. 4. By this application, applicant proposes to construct a 44' by 66' recreation building addition for a private racquetball membership club with a setback at its closest point from the east side line at 32 feet, which is 8 feet closer than the estab- lished sideyard setback of the existing principal structure. 5. Article III, Section 100-30(B)[6] permits annual membership clubs catering exclusively to members and their guests subject to the following requirements: (a) No building or part thereof or any parking or loading area shall be located within one hundred (100) feet of any street line nor within fifty (50) feet of any lot line .... 6. It is the opinion of the board that the easterly sideyard has been established at 40 feet and the setback as proposed at 32 feet could be allowed for this addition if the special exception use for a racquetball club were not required by Section 100-30(B)[6], that the relief requested is minimal and is in harmony with the intent of the zoning ordinance. In considering this application, the board has determined that the relief as requested be granted since: (a) the relief is not substantial; (b) the relief will not be detrimental to adjoining properties; (c) the relief will not adversely affect the character of the district; (d) the practical difficulties are sufficient to warrant approval hereof; (e) the circumstances are unique since the property has residential structures existing as a nonconforming use since prior to the change of zoning from "A" to "B-Light"; (f) in view of the manner in which the difficulties arose, the interests of justice will best be served by allowing same, as noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that the relief requested under Appeal No. 3350 in the Matter of the Application of JOSEPH LIZEWSKI for an insufficient setback from the easterly sideyard at 32 feet 'f~r a proposed recreational club addition, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING: Modification of the Site Plan by the Planning Board to include a minimum of 27 parking spaces (inclusive of handicapped parking). Vote of the Board: Douglass and Sawicki. of all the members. lk Ayes: Messrs. Goehringer, Grigonis, Doyen, This resolution was adopted by unanimous vote May 17, 1985 Southold Town Board Appeals ACTION OF THE ZONING BOARD OF APPEALS Appeal No. ~ Application Dated January 8, ]985 TO: Dr. Joseph J. Lizewski, D.D.S. Main Road Cutchogue, NY 11935 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on May 2, ]985, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [×] Request for Special Exception under the Zoning Ordinance Article III , Section 100-30(B)[6] _ [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for Application of JOSEPH LIZEWSKI, 29205 Main Road, Cutchogue, NY for a ~ecial Exceptio~to the Zoning Ordinance, Article III, Section lO0-30- (b)Lb] and Article VI, Section lO0-60(B)[1](a) for permission to establish recreational use (private racquetball membership club) at premises located on the north side of Main Road and east side of Depot Lane, Cutchogue, NY; District 1000, Section 102, Block 02, Lot 12.1. (B-Light Business Zone) WHEREAS, a public hearing was held initially March 7, 1985 and was concluded on April ll, 1985 concerning the Matter of JOSEPH LIZEWSKi under Appeal No. ,3322~ and 'WHEREAS, the board members have personally viewed and are familiar with the subject premises as well as its surrounding area, and WHEREAS, the board has considered all testimony and documentation entered into the record in this matter, and WHEREAS, there has been no opposition entered in the record up until the conclusion of the public hearing, and WHEREAS, the board made the following findings of fact: 1. The property in question is located Zoning District pursuant to a change of zone Tow Board March 9, 1982. in a "B-Light Business" granted by the Southold 2. The property in question fronts along the north side of the Main Road (State Route 25) 147.39 (and 116.37) feet and is also situate with frontage along the east side of Depot Lane 173.13 feet (and 233.7 feet), and is shown to contain an area of approximately 1.5 acres and approximately 20,000± sq. ft. including the one-family dwelling and lot at the corner of Depot Lane and Main Road, also owned by the applicant. 3. The subject premises is improved as shown on the site plan dated April 6, 1984, for one-family residence and professional office uses. 4. This is an application for a Special Exception by which applicant proposes to construct a 44' by 66' recreational addition for use as a private racquetball membership club with a setback at (CONTINUED ON PAGE TWO) DATED: May 17, 1985. CHAIRMAN, SOUTHOLD TOWq~ ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Application No. 3322 Matter of JOSEPH LIZEWSKI (Special Decision Rendered May 2, 1985 Exception) 32 feet from the easterly side property line. 5. Article III, Section 100-30(B)[6] permits annual membership clubs catering exclusively to members and their guests after receiv- ing a special exception from this board and site plan approval from the Planning Board in accordance with Section 100-134 of the Code. 6. For the record it is noted that conditional approval has been made simultaneously herewith to grant an insufficient sideyard setback from the easterly property line at'32 feet under Appeal No. 3350. In considering this application, the board determines: (1) the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (2) that the safety, health, welfare, comfort, convenience and order of the town will not be adversely affected by the proposed use and its location; (3) the use ~s in harmony with and will promote the general purposes and intent of zoning since it is a permitted use. In Passing upon this apPlication, the board has also considered items (a) through (1) of Article XII, Section 100-121(C)[2] of the Zoning Code. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that a Special Exception as requested under Appeal No. 3322 in the Matter of the Application of JOSEPH LIZEWSKI at premises known and identified on the Suffolk County Tax Map as District 1000, Section 102, Block 02, LoS 12.1, BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING: Modification of the'Si~ Plan by the Planning Board to include a minimum of 27 parking spaces (inclusive of handicapped parking). Vote of the Board: Douglass and Sawicki. of all the members. Ayes: Messrs. Goehringer, Grigonis, Doyen, This resolution was adopted by unanimous vote lk ~R-/~RD P-T-G~OE~R~I'NGE~, C~MAN May 17, 1985 JUDITH T. TERRY TOWN CLERK R£OiSTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 22, 1985: WHEREAS, Garrett A. Strang, on behalf of Joseph Lizewski, has requested that this Board waive the provisions of Local Law No. 14 - 1985 with respect to his application presently pending before the Building Inspector, and WHEREAS, Garrett A. Strang appeared before this Board and explained the nature of the uses for which he proposes to use the premises in question, and ~ WHEREAS, this Board funds that the applicant proposes to construction a racquet- ball facility, and WHEREAS, this Board deems such use consistent with the uses in the R-40 District as proposed by Raymond, Parish, Pine & Weiner, Inc.'s Master Plan Update Zoning Code revisions, NOW, THEREFORE, BE IT RESOLVED that the applicant be and he hereby is granted a waiver of the provisions of Local Law No. 14 - 1985 to the extent of permitting such uses on said premises as set forth in his application presently pending before the Southold Town Building Inspector for a building permit, subject, however, to the applicant obtaining any and all permits and approvals required by all Town and other governmental agencies having jurisdiction thereof. Southold Town Clerk WHEREAS, a petition was heretofore filed with the Town Board of the Town of Southold by ............ .J...o..s...e..p..h.....J..:.....L..i..z...e..w...s..k...i. .............................. requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps made a part thereof by chang- "A" Residential lng from 'a'~d..-Ag~.i¢.u~.tu.~a-1..... District to '.'..B..'.'.....L..i..g...h..t.....B...u..s..i...n..e...s..s.. District the property described in said petition, and WHEREAS said petition was duly referred to the Planning Board for its investigation, recommendation and report, and its report having been filed with the Town Board, and thereafter, a public hearing in relation to said petition having been duly held by the Town Board on the ....9...t..h. .......... day of ................ ..M..a..r...c..h.. ................... , 19..8...2..., and due deliberation having been had thereon NOW, THEREFORE, BElT RESOLVEDthatthereliefdemandedinsaid petitionbe, anditherebyis GRANTED for the following reasons: 1. This is a logical extension of the business district. 2. The neighborhood is comprised of mixed non-residential uses. 3. The uses allowed in a "B" Light Business District would not be out of character with the existing uses in the neighborhood. DATED: March 23, 1982. ITH T. TERRY~z SOUTHOLD TOWN CLERK April 4 , 1985 Joseph J. Lizewski, D.D.S. Main Road Cutchogue, NY_11935 Re: Site plan for recreation building Dear Dr. Lizewski: Please let this confirm the action taken by the Board, Monday, April 1, 1985. RESOLVED that the Southold Town Planning Board is in favor of the site plan for Dr. Lizewski for two racquetball courts located at Cutchogue with the following recommendations: 1. Indicate the type of curbing and drainage for roof and parking area, as well as the capacity of the drainage basins. 2. The Board also requested a landscape plan for the site and and architectural rendering of the proposed building. If you have any questions, our office. please don't hesitate to contact y truly yours, ~'. /~ BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary cc: Zoning Board of Appeals · Soalhold N.Y. 11971 E/~ pmmmt toSecu~7 Rc~ Me~, ~mm~c- 31, B~ ~ a~ ~ P~ I and 2 ~d C~n~ T~ ~ap P~ No. ~ b~d~g ~~t- 136A f~ ~ ~ ~- ~ent ~~h i~ cho~e, ~ f~ a V~ to ~ission to ~ build- line. ~t~ ~: N/S Main R~d ~d E/S ~ ~ne, Cutcho~e, ~; Coun~ T~ Map Pa~l No. 1~- 102~2-12.1. S~i~ ~fion %ins to ~nvene ~n~in~ / ~lJshment ~ ~uetb~l~ ' ~vate membeuhip club. 8:~ p.m. ~OMAS HI~- G~S~ Ruch ~ne, ~old, ~ f~ a V~ ~ ~e S~on 1~32 for ~issi~ to ~s~ a~ss~ ~ ~n~ard ~, at ~ Ruch ~e, S~thold, NY; Coun~ 02-~. 8:10 p.m. ~O~ CARR" 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 5outhold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ................... ?. ...... weeks successively, commencing on the ...................... Sworn to before me this ..................... day of .......... p ,19 ..... Notary Public BARBARA FORBES l~lotary Public, State of New York No. 4806846 Qualified in Suffolk County Commission Expires March 30, 19 ;f~z~ .i ~L~G~L' NOT~CE NOTICE IS HEREBy OIVEN, pursuan~ to ~ection 267 of the Town Law and the Code of the Town of Southold, She following p~blic hearings will be held by. the Southold Town Board of Ap. peals at the SoutholdTown Ha}l, Main Rosa, Southold, NY at a Regular eting, commencing at 7:30 ~..,l. on THURSDAY, APRIL 11,1985, and as foll~ws: 7:30 p.m. EMILIA T. PIKE, by A. Wick, ham, Esq., Main Road, Mattituck, NY for a Vari- ance to the Zoning Ordir~nce, Article LII, Section 100.31, Bulk Schedule for approval o~ insuffi- cient area of prOposed Parcels 1 and 2 and insufficient lot width of Parcel 1, located at the North Side of Maf~t Road, Mattituck, NY; County Tax Map Parcel No. 1000-140-03-26. 7:35 p.m. COLGATE DE- SIGN CORP., by W. Esseks, Esq., 108 East Main Sheet, Riverhead, NY for a Variance to the Zoning Ordinance, Article VI~ Section 100-71 for permis- sion to conztruct accessory build- ing within the westerly sideyard area, Location of Prope~y: ?-ll 'Ste~, North Side~0f Maln Road, C'utchogue, NY; County Tax Map Parcel No. 1000-102-05-24. backs. Location of Property: 67380 Main Road, / ~port, NY; County Tax Map a cci No. 1000-053.05-001,001.3, 12.31 known and referred to az "Breezy Shores." 7:55 p.m. JOSEPH LIZEWSKI, 29205 Main Road, Cutchogue, NY for a Variance to the ~oning Ordinance, Article HI, Section 100-30(B)[6] for per- mission to construct building for private membership with an in- sufficient setback from the eas- terly property line. Location of Property: N/s Main Road and E/s Depot Lane, Cutchogue, NY; 7:40 p.m. BAYVIEW DE- VELGPMENT CORP./SAGE, by J. Forchelli, Esq:, 120 Mingle Bird, Mineola, NY 11501 for a Variance to the Zoning Ordi- vance, Article III, Section 100- 31, Bulk Schedule and Article XIlI, Section 100-136A~for ap- proval of insufficient a~-ea and width of each lot in this ~Fopoaed 19-lot clu~tor development or subdivision and insuffi~6nI act- County Tax Map Parcel No. 1000-I23-02-003.. 8:20 p.m. DOMINICK VAR- ANO, by R. Lark, Esq., Box 973, Cutohogue, NY for a Variance to the Zoning Ordinance, Article IH, Section 100-31, Bulk Schedule for approval of insuffi- cient area of proposed Lot 3, at premises 6750 Italian Neck Road, Peconic, NY; County Tax Map Parcel No. 1000-86-0%004. 8:30 p.m. WILLIAM AND HELEN COSTER, by R. Lark, Esq., Box 973, Cut~hogue, NY for a Speci~] Exception to the Zoning Ordinance, Article IH, Section County Tax Map Parcel No. 102-02-12A. p.m. JOSEPH--~ ' WSKI - Special Exception(.' g ~ re~nvene concerning/ establishment ofracquethall/pri- ~ ~.~vato niemberahip club. 8:05 p.m. TOMAS HIGGINS, Ruch Lane, South~ld, NY for a yarianco to the Zoning Ordi- naries, Article IH, Section 100-32 ~ ' forpormis~iontoconstructacces. cory I~rage in frontya~'~ area, at 850 Ruch Lane, Souihold, NY; ~oUnty Tax Map Parcel No. 1000-52-02-30. 8:10 p.m. HAROLD cARR, Box 1416, Mattituck, NY for a Variance to file Zoning Ordi- nance, Article HI, Section 100-31 for perlnission to construct deck addition~with an insufficient rem-yard setback, at 2045 Mar- ratooka Road, Ma~ ttituck, NY; 100-30(B)[13] for permission to '~establish and build one-story building as a funeral home busi- ness, at premises of Dalchet Corp., B/s Main Road and W/s Harbor Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-97-6-part of 15; containing 2+ acres in area. The Board of Appeal~ will at said tine'eno place hear all por- sorm interested in the above mat- ters. Written comments may also be submitted prior to or.during the hearing in q~e~tion. Dated: March 28, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD ~. GOEHRINGEB CItAIRMAN By k Kowalski, Sem'etary (516) 765-1809 (ai~. 1802) 1TA4~56 · TATE OF NEW YORK ) ) S~: COUNTY OF SUFFOLK ) ANNA T.ET,,'~-.-.z,~ of Greenport, in said Gounty, being duly sworn, says that ha/she is Principal Clerk of THE SUFFOLK TIMES, · Weekly Newspaper, published st Greenport, in the Town of $outhold, County of ~Uffolk and State of New York, end that the Notice of which the annexed is e printed copy, has been regularly published in said Newspaper once each week for weeks succ~s~ively, commencing on the 4 dayof Apr~ 19 85 Principal Clerk 4 ANN M. ABATE Sworn to before me this p ~ UBLIC, State of New York ~O April ~'~ /~ ~__Term Exp~es Merch 30, // ,~ 19 e,~lk County No. 4748~8~ APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAV/iCKI Southold Town Board of App ls MAIN ROAD- STATE RnAD 25 SE}UTHOLD, L.I., N,Y. 11971 TO: Office of the Planning Board (Attn: Diane) FROM: Office of the Zoning Board of Appeals (Attn: Linda) DATE: March 18, 1985 SUBJECT: Applications Pending with Z.B.A. and Planning Board TELEPHONE (516) 765-1809 To bring you up-to-date and to request your comments or recommenda- tions, the following matters have been filed since our last memorandum to you dated February 8, 1985, and will require action by the Planning Board: Matter of Tentative ZBA Hearin9 Dominick Varano, by R. Lark April llth as req. Briden Machine March 28th William and Helen Coster by R. Lark April llth as req. ~oseph Lizewski ~ ~'i~ ~ ~!~ April llth Colgate Design (7-11, Cutch.) W. Esseks May 2 Saba/Kislow/Sujeski May 2 Howard L. Young & Wf. May 2 Sobering by P. Cardinale, Esq. May 2 or 23 Vitale May 23 P. Reinhart, R. Bruer, Esq. May 23 H. Conway, R. Bruer, Esq. May 23 or June 13 Perricone & Cimini, R. Bruer, Esq. June 13 Pindar Winery June 13 or 20 Peconic Vineyards June 13 or 20 Cliffside Assoc./Tetaldi/Tide Mark June 13 or 20 Linda; The Planning Board reviewed the following items on 3/18, however have no recommendations until the field inspections are made. These proposals will be discussed on the agenda for 4/1 following the field inspections ......... h Lizewski William and Helen Coster Briden Machine Legal Notices LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the Southold Town Beard of Ap- peals at the Southold Town Hall, Main Road, Southold, NY at a Reg~flar Meeting commem:ing at 7:30 p.m. on THURSDAY, MARCH 7,19~5, and as follows: 7:30 p.m. Application of DOUGLAS A. COOPER, P.O. Bex 16, Mattituek, NY for a V~ri- ance to the Zoning Ordinance, Article IH, Section 100-30(A) for permission to construct pole barn/stable accessory to keeping ofhorsce an this 2.4 ± acre porcel located on a privato ri~ht-of-way extox~ing from the north side of Bergen Avenue, Mattituck, NY; District 1000, Section 105, Block 01. Lot 002.2. Main Road, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article VI, Section 100-60(B)[1](a), and Article IH, Section 100-30(B)[6] for permis- sion to establish recreational use (private racquetball membership club) at premiss located on the north side of Main Road and eaet side of Depot Lane, Cutohogue, NY; District 1000, Section 102, Block 02, Lot 12.1 (B.Light ~j~iness Zone). -- 7:40 p.m. Application of ALICE D. CURRIE, 68 West Fenimore Street, 'valley Stream, NY 11580, fora Variance to the Zoning Ordinance, Article III, Section 100-31 to re-~efine and change lot lines of three parcels wh/ch contain insufficient area, depth and width, located on the North Side of Soundview Av- enue, Santhold, NY; District 1000, Section 059, Block 06, Lots 15-19. 7:45 p.m. Application of AN- DREAS PALIOURA~, 37-17 20th Ro~ -~toria, NY 11105. for a Var ~ to the Zoning Or- dinance, Article XI, Section 100- l18(D) for permission to reinstate and restore dwelling · structure to its original condition as a one-family residence located at 32570 C.R. 48, Pecenic, NY; District 1000, Section 74, Block 04, Lot 009. 7:50 p.m. Application of WILMA MEEHAN AND MARY LEONARDI, by Paul C,mlnlfi, F~q., Main Road, Southold, NY for a Variance to the Zoning Or~in,,~, Article ~I, Section 100-31 for approval of two lots in this proposed re-di- vision of land containing insuffi- cient area, width and depth, lo- catad at Reydon Drive, Southold, NY; Reydon Shores Subdivision Lots .29 through 35; District 1000, Section 80, Block 02, Lot 015. 7:55 p.m. Application of ROBERT AND Al, DONA NORKUS, by Richard J. Cron, Esq., Main Road, Cutchogue; NY for a Variance to the Zoning Or- dinance, Article HI, Section 100- 31 for approval of insufficient width of four proposed parcels lo- catod off Orchard Lane, approxi- mately 450 feet easterly from Cedar Beach Road, Southold, NY; consisting of Cedar Beach Park Subdivision Lots 35, 36, 37, 38, 47, 48, and part of 49; Dish'ict 1000, Section 89, Block 3, Lots 8.1, 9, 10, 11.1, 6, 4. 8:05 p.m. Application of JOHN AND FRANCES Di- VRLLO, by Wickham, Wickham & Bressler, P.C., Main Road, Mattituck, NY for Variances: {a) to New York Town Law, Section 280-A for approval of access over a private right-of-way known a~ "Maday Avenue," and (b) to the Zoning Ordinance, Article IH, Section 100-31 and Bulk Schedule, for approval of insuff- cient area and depth of parcels in this proposed subdivision. Lo- cation of Propocty: Meday Av- enue and Westphal/a ]Roa~ Mat- tituck, NY; 1921 Subdi~/ ~ of '%Villinm B. Codling" Lot~ ~o 7, inclusive; District 1000, Section 113, Block 9, Lots 8 and 15, con- taining 4.38-+ acres. The Board of Appeals will at said time and place hear all per- ~ SS: cerns of the above matters. Writ- ton objections may also be sub- mittod prior to the conclusion of that hearing, of Gr®®nport, in Datod: February 26, 1985. BY ORDER OF luly sworn, says that h®/sh® is THE SOUTHOLD TOWN IE $OFFOLK TIMES, a W®ekly BOARD OF APPEALS GERARD P. GOEHRINGER sd at Grsanpoft, in th® Town CHAIRMAN of Suffolk and Stat® of Now By Linda F. Kowaiski, Secretary OtiC® of which th® ann®xad is (516) 765-1809 (alt. 1802) bson r®gularly publishad in 1TF28-4801 ....... ~,,,par onc® ®ach w®ak for ONE w®®ks suco®ssivaly, commanging on th® 2 dayof February 19 85 Principal CI-e r'~ Sworn to before mo this 2 ~ /ofFebruary 19 85 ANN M. ABATE -- ~ ,~ __ NOTARY PU[~IC, State of New York ,~ /~/, ~- Suffolk C~nt} ~ 4748183 ~ ~ //. ~ Term E~,oa ~rch 30.19~ NOTICE NOTICE IS HEREBY. GIV- EN, pursuant t~ Section ~67 of the Town Law and the Code of the Town of South01d, the following pu~.~a~gs will be held by"t~e Southoid Town Board ot Appeals at the Southold Town Hall, Main Road, SoutholS, 'N~ at a Relgu~ ~e~ting con~nencing at 7:30'p.m. on THURSDAY, foilowsf ~0(A) for pe~nission to con- struct pole ba.~,~stable asces- soty to keepinn of ho~ses on this 2.4~ acre padlcel ~ on a private right-of-way extend- inA from the north side of ~ Avenue, Mattituck, Blodt 01, Lot 002,2. ?-~ p~.~.~plication of Jo-q~ .E ~.~ws~. ~os Main Road, Cutchogne, NY for a Special Exception to the Zoning Ordinance, Article VI, Section 100-60(B)[ll(a), and Article IH, Section 100-30(B) [6] for permission to establish recreational use (private rac- quetball membership clVb) at premises located on the .north side of Main Road and east side of Depot Lane,-Cut- chogue, NY; District 1000, Sect~ ~ $O2, S~ck O2, Lot 12.1 (S-t~ laualnass Zone). 7:40 p.m. Application of ar~ D.:CUnem 68 West Fenlmore, Street, Valley Stream, NY 11580, for a Variance to the Zoning Ordin. ance, Ardele IH, Section 100- deFth md ~, I~catod on Avenue, Southold, NY; Dis- trict 1000, Section 0S9, Block 06, Lots 18-19. 7:45 p.m. Application of 17 20th Road, Astoria, NY 11105, for a Variance to the Zoning Ordinance, Article XI, Section 100-118(D) for permis- sion to reinstate and restore dwemng structure to its orig. innl condition as a one-family residence located at 32570 C.R. 48, Pecontc, NY; District 1000, Section 74, Block 04, Lot 009. 7:50 p.m. Application of COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duty sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southoid, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ................. ,/ ......... weeks successively, commencing on the ...................... day Notary Public BARBARA FORBES Notary Public, State of New York No. 48(~846 Qualified in Suffolk C, ounty Coramk~ion Expir~ lqarch ~;~, i9 d~'d' APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765 1809 TO WHOM IT MAY CONCERN: Please find enclosed herewith copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, L.I. Traveler-Watchman, Inc. and Suffolk Weekly Times, Inc. indicating the time and date of your recent application with the Board of Appeals. Someone should appear in behalf of the applicant at the public hearing in the event there are questions from board members or persons in the audience. If you have any questions, please do not hesitate to call our secretary, Linda Kowalski, at 765-1809 (or if no answer, 765-1802). Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk Enclosure Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS Mar~h 28, 1985 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S · E · Q . R . A . SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWlCKI Notice of Determination of Non-Significance APPEAL NO.: ~%~ This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II [w] Unlisted [ ] DESCRIPTION OF ACTION: Special Exception hearubg to reconvene concerning establishment of racquetball/private membership LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: N/s Main Rd. and E/s Depot.Lane Cutchogue 1000-102-02-12.1 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The property in questionis not located within 300' of tidal wetlands or other critical enviromental area. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. Southold Town Board ppeal s -26- Februar~ 1985 Regular Meeting (Environmeqtal Declarations, continued:) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance ..PPEAL NO. 3322 PROJECT NA/V[E: JOSEPH LIZEWSKI This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considere~ a determination made for any other department or agency whlch may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II EX] Unlisted [ ] DESCRIPTION OF ACTION: Special Exception to establish private racquetball club at premises zoned. B-Light Business. LOCATION OF PROJECT: Town of Southold, CoUnty of, Suffolk, more particularly known as: Main Road and Depot Lan.e, Cutchogue. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The premises in question is not ]0cared near tidal wetlands or in an environmentally sensitive area. (3) The structure for the proposed use is existing. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERG5 DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI January 16, 1985 Joseph J. Lizewski, D.D.S. RR #2, 29205 Main Road Cutchogue, NY 11935 Re: Appeal No. 3322 - Application for Special Exception Dear Doctor Lizewski: This letter will confirm that your was reviewed by the Board of Appeals at 1985 Regular Meeting. recent application our January 10, The public hearing on this matter is expected on about February 28th, following field inspections, and notice of same as published in the newspapers will be forwarded to you as early as possible. or In the interim, it is suggested that an application for site plan approval be made with the Planning Board in order that we may coordinate review with their office. If at any time you have questions, hesitate to call our office or that of (765-1937). please do not the Planning Board Yours very truly, GERARD P. GOEHRINGER CC: Building Department Planning Board APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWtC½1 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TO: Southold Town Planning Board FROM: Jerry Goehringer, Z.B.A. Chairman DATE: January 16, 1985 SUBJECT: Special Exception Application of Joseph Lizewski Location of Property: N/S Main Road, Cutchogue TELEPHONE (516) 765-1809 Dr. Lizewski has filed an application for a special exception for permission to construct a 44.6' by 55.3' recreational building at his premises located at the easterly side of Depot Lane and the northerly side of Main Road, Cutchogue. The applicant has been requested to file an application with you for site plan approval as required by Article VI, Section lO0-60(B) in order that we mqy coordinate review with you. When you have received same, may we have your comments or suggestions? Legal Notice of Hearings Regular Meeting of March 7, 1985 Southold Town Board of Appeals Copies have been furnished to the following 2/26/85: Mr. and Mrs. Douglas A. Cooper, Box 16, Mattituck 11952 Dr. and Mrs. Joseph J. Lizewski, Box 200C, Depot La, Cutchogue 11935 Mrs. Alice D. Currie, 68 West Fenimore St, Valley Stream 11580 Mr. Andreas Paliouras, 37-17 20th Road, Astoria, NY lll05 Mr. George Kokkinos, Box 229, Peconic, NY 11958 Paul A. Caminiti, Esq., Box 992, Southold -'for MEEHAN AND LEONARDI Richard J. Cron, Esq., Main Rd,~Cutchogue - for ROBERT & ALDONA NORKUS Abigail A. Wickham, Esq., Box 1424, Mattituck - for JOHN DiVELLO Mr. and Mrs. John C. DiVello, Box 1402, Mattituck 11952 Town Clerk Bulletin Board Board of Appeals Bulletin Board Building Inspectors [essard and Supervisor and Town Board Individual ZBA files Suffolk Times L.I, Traveler ? hand delivered (Office Hindermann 2/26/85 12:15 p.m. JUDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTItOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 January 8, 1985 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3322 application of Joseph Lizewski for a special exception. Also included is notification 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~ and plot plans. Ju-dfth T. Terry ~ Southold Town Clerk RFCI~vFDOTOWN OF SOUTHOD, NEW YORe APPPLICATION EOR SPECIAL EXCEPTION APPLICATION NO. ~c~ DATa ..... (r.~.;..S~ .... TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. Y. NAME STREET AND NUMBER MUNICIPALITY STATE hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE ARTICLE SECTION SUBSECTION ~ ~7~Z~ _~-- 77// ' THE SPECIAL EXCEPTION IS REQUESTED BECAUSE STATE OF NEW YORK ) ss COUNTY OF Sworn to this NOTARY PUBLIC ELIZABETH MOTARY PUBLIC, State of No. 4755734. Qualified in SuffoJk COUI~ e~mmission Expires FORM ZB2 Copies of Legal Notice to the following on or about 4/2/85: Abigail Wickham, Esq., attorney for E. Pike W. Esseks, Esq., attorney for Colgate Design Corp. J. Forchelli, Esq., attorney for Bayview Development H. Raynor, Jr. Dr. Joseph Lizewski Mr. Tomas Higgins Mr. Harold Carr R. Lark, Esq., attorney for D. Suffolk Times (personal delivery) L.I. Traveler (personal delivery) Zoning Office Bulletin Board Town Clerk Bulletin Board Supervisor Victor Lessard ZBA members ZBA individual files Varano and W. Coster applications REGULAR MEETING SOUTIIOLD TOWN BOARD OF APPEALS March 7, 1985 #3325 At 7:35 p.m - Public Hearing was held in the matter of DOUGLAS A. COOPER for approval to construct pole barn/stable on ROW, north side Bergen Avenue, Mattituck. Chairman read legal notice of hearing in its entirety and appeal application for the record. MR. COOPER: I think you know the facts. CHAIRMAN GOEHRINGER: Okay. I have to ask you and you are aware when we are dealing with these buildings on individual pieces of property. I will make you aware, okay, that we like to put restric- tions on them that they don't become houses, that they remain as buildings for the purposes of housing the animals and we do that for the simple purpose that they are not built to normal specifi- cations that a house would be built to. So that's why we place these restrictions on them. You have no objection to any of those? MR. COOPER: None. CHAIRMAN GOEHRINGER: I ha~e not gone Over this with the Board, so I am not asking for a vote at this particular time, but we will discuss it after the meeting tonight. You are welcome to call our office to- morrow morning. MR. COOPER: Thank you. CHARIMAN GOEHRINGER: Is there anybody else who would like to speak on behalf of this application? Against the application? Questions from Board Members? You will be getting a building permit on this, right? That is assuming we approve it. MR. COOEPR: Yes. CHAIRMAN GOEHRINGER: Hearing no further questions, I make a motion closing the hearing reserving decision until later. #3332 At 7:40 p.m. a Public Hearing was held in the matter of JOSEPH LIZEWSKI, for a Special Exception to construct private raquetball club on north side Main Road, Cutchogue, New York. Chairman read legal notice of hearing in its entirety and appeal application for the record. DR. LIZEWSKI: After that map was submitted, we had to go back to the Planning Board, and we did a survey on the property. I have a survey to make sure the building was in the right proportion on the map, and it turns out that the building is actually about 3' from the property line. I can move it up to 5' or 6' or 7', but ZBA 3/7/85 Page 2. JOSEPH LIZEWSKI HEARING - Continued DR. LIZEWSKI - continued: it doesn't fall within the normal limits that the Town Building Code comes within, in order to put this up and that would have to be taken into consideration at this time. The building is actually, and I had to change ...I went to the Building Department and the Planning Department...the building to more a 40 x 60 shape, rather than the 55 x 40 shape, in order to put in the 20 x 40 racquetball courts and a few bathrooms and thin~ that were necessary to go into the front. CHAI~4AN GOEHRINGER: DO you have a site plan before the Planning Board now? DR. LIZEWSKI: Yes, I do. There is a site plan before the Planning Board at this time. CHAIRMAN GOEHRINGER: So you will furnish us with a copy of that? DR. LIZEWSKI: Sure. I haven't changed this map after the appli- cations were made because I applied for the Planning Board and they didn't like what I presented, so I had to go back and make another change, but I did not furnish you with that particular map, no. I will get you that tomorrow .morning, if you would like. CHAIRMAN GOEHRINGER: Okay, just let me ask one technical question. ~ We are probably going to have to recess this hearing, doctor, because we have to get a determination from the Town Attorney, to see if affects the way we advertise it, if it is definitely a setback problem, then we are going to have to readvertise it for the next meeting. You will have to make another application for this variance, which would be the restrictive sideyards that we are talking about. DR. LIZEWSKI: Is there another set of forms to fill out? CHAI}~AN GOEHRINGER: DR. LIZEWSKI: I can another set. Yes, they are a little more lengthy. leave this set the way they are and give you CHAIRMAN GOEHRINGER: Right. What we would do then is open the hearing for the variance and reconvene the meeting for the Special Exception at the next meeting, whenever we hear it, the next meeting or the meeting after that. DR. LIZEWSKI: I have the Planning Board in between nov; and then, they will even do it concurrently, hopefully. CHAI~IAN GOEHRINGER: Is the building still contiguous to the office building? ZBA 3/7/85 Page 3. JOSEPH LIZEWSKI HEARING - CONTINUED DR. LIZ~WSKI: It's part of, yes. It will be built with the Codes as far ~s the separation by cement block, etc, etc. CHAIRMAN GOEHRINGER: an above the ground Is 'this a subterranean building, or is this building? DR. LIZEWSKI: Well, in order to keep this building, one of the things that worried me was that a 20' building above the ground is very homely and one of the things that I wanted to do with this building is build the bottom 10' -- a racquetball court is 20' high, 20' wide and 40' long. So, in order to make this building look decent within my professional complex, 10' of it will be below the ground. Racquet- ball courts have no doors, they are complete square buildings and the doors are actually flush. They have no windows and I can't see any reason why 10' of it can't be below the ground, especially for appearances. It's like a barn above the ground, and I want to carry the exact same roof line. I have already dug my cellars in the other buildings to meet this. CI!AI~MAN GOEItRINGER: Could you give this Board some indication, be- tween the next meeting, what type of rules and regulations ycu would have on this, what type of membership? DR. LIZEWSKI: I know already. First of all, a club like this doesn't appeal to everybody. We have had certain groups of people in the Town who have tried to.build these before and not get together because the financial situation of putting 120 people together, but it would have limited membership, mostly for racquetball players, for a fee of let's say, $200 for 4 people and then they would use the racquetball courts and pay a token fee of $5.00 per hour for use of them and that would be just about it. Eight people at the most could be in this building to be playing. CHAIRMAN GOERHINGER: Is there any maximum membership? DR. LIZEWSKI: Yes, between 125 and 200 members. CHAIRMAN GOEHRI~.:GER: Would_you be advertisingh_hzo'.- a~=].vely.~'-' 9 DR. LIZEWSKI: I don't have to. No, I don't have to, Gerry, if I get it it's built. I th~nk there will be a waiting list. I don't think I will have to advertise it. I have already had so many in- quiries because people know I am interested in doing it. I don't think it would be adverse to the Town to do this in this manner. I like the idea of coming before the ZBA for something iLike this, because I don't think these things should be built haphazardly; the problem was not having this type of zining in the Town plans. The only other way it can be done is having the councilmen pass an amendment to the zoning code. By doing that you open up an awful lot of things, you should know, you can do anything you want once it is in there. At this point, everybody should ?lave to come before you ZBA 3/7/~5 Page 4. JOSEPH LIZEWSKI HEARING - CONTINUED DR. LIZEWSKI: thing down the Riverhead. continued: froia anything from a pool parlor to any- road and you won't have the problems you have in CHAIrWoMAN GOEHRINGER: I am assuming the site plan will indicate where the parking area is? DR. LIZEWSKI: Oh, yes, the site plan does. You don't need a lot of parking for this because at the most 8 people will be using this so you figure 8 or 10 cars. It's not meant to be a public facility. CHAIRMAN GOEHRINGER: Do you have any plans in future Of elongating it putting in tennis courts? ' DR. LIZEWSKI: I am not planning on inside tennis courts. If this turns out to be fairly successful and I move the big barn that's on my property, I would Tome back to you possibly in the future for an olympic sized swimming pool and I would like to put in a 75' x 40' heated indoor swi~]ing pool as part of this complex. That would be my next step and I would end with that. But I would have to move those barns, provide much more parking and chan~e an awful Io~ on t ~ ~ - ~ ...... ~ - h~t property ~n ormer t.~ Go unau. That ~s zn my mind, yes. But at this point no, because an ~ indoor swimming pool of that size costs a quarter of a million 'dollars%~ to build properly in a commercial fashion. We really don't have a commercial swimming pool on the north or south forks built for public use in the right fashion. Ail recreational pools put indoor areas, 7-Z's and the Omni basically have homeowners' pools with homeowners' equipment for public use. If I did it I would want to put it in for commercial use'; you could have swim--75' pool is olympic sized and it could be used by schools. You could have swim clubs with your schools or anything at all. But I am waiting to see what the Town does, also. We had that questionnaire, you know, does the Town want to have a swimming pool. I certainly wouldn't bother putting up ene if they did. CHAIP~MAN GOEHRINGER: Ail right, I tha,%k you very much. We will see if there are comments from the audience and then I will recess this hearing. Is there anybody who would like to speak on behalf of this application? Anybody like to speak against the application? Questions from Board Members? Hearing no further questions, I make a motion recessing the hearing. Dr. Lizewski, excuse me, what is your ~ime limit on this? Do you haw~ to get going on this, assuming you get all the approvals by the Boards? DR. LIZEWSKI: Yes, I would like to break ground this Spring and have it finished by September. I have everybody strucnurally, lined up,. If I get it I will go. I think I can have it completed by September 3/7/s5 Pa~e 5 JOSEPH LIZEWSKI HEARING - CONT3[NUED CflAIRMAN GOEHRINGER: I will recess this hearing until the April 11th meeting. Thank you very much. Thank you for coming in. #3321 At 7:53 p.m. a Public Hearing was held in the matter of ALICE D. CURRIE for a variance to redefine and change lot lines of three parcels, north side Soundview Avenue, Southold. Chairman read legal notice of hearing in its entirety and appeal application for the record. CHAIRMAN GOEHRINGER: Mr. Currie, would you like to be heard? MR. CURRIE: I don't have anything to add to what you read off there, except that I would like to point out, you did point out that there would be one waterfront lot instead of two, and I would think that would lessen the impact on the lakefront and the waterfront lot is large but it's large because of so many requirements because of set- backs. CHAIRMAN GOEHRINGER: Okay, what way would you be entering the property assuming this application was approved? First of all, t should ask you to put that mike on. I don.'t think the button is on. What way would you be entering this property? Is there an existing right of way over the driveways? MR. CURRIE: The existing right of way would be extended into lot #2. CHAIRMAN GOEHRINGER: Okay, you would be required to have approved ac- cess over that, which means you would have to continue that road and some maintenance of that to go into this other proposed lot. Is there any specific reason, other than the fact that requirements today by Suffolk County Health and DEC and so on, why you have chosen to divide it or redivide it in this manner? MR. CURRIE: There is no other reason than that, except that the small lot would be very hard to build a house on with the Health Department requirements. CHAIRMAN GOEHRINGER: How big was that lot? Originally, when it was granted? MR. CURRIE: i believe it was, sorry I don't have my old map, but I believe it was 10,000 some odd square feet. CHAIRMAN GOEHRIMGER: So, now it would be 29,000 square feet? MR. CURRIE: Yes, that particular one would be. There is really not much change in the lot, except we turned the lines around a bit. .z ~A 3/7/s5 Page 6 ALICE D. CURRIE HEARING- CONTI~UED" CHAIRMAN GOEHRINGER: I thank you very much. who would like to be heard on behalf of this application? Questions from Board Members? Is there anybody else application? Against the I have one letter in the file from an adjacent property owner that is against this particular application. Hearing no further comments, I will make a motion closing the hearing reserving decision until later. I don't know if we will get to it tonight, but I have not discussed, nor have I seen the Board since the last meeting, so we will kick it around after this. That's rather a jargon phrase, but we will start the deliberation process after this meeting, okay, and we will have a decision for you in the near future. MR. CURRIE: But I better nor wait for one tonight. CHAI~M~N GOEHRINGER: You are very welcome to do that. #3319 At 8:00 p.m. a Public Hearing was held in the matter of ANDREAS PALIOURAS for permission to reinstate and restore second dwelling structure to its original condition as a one-family structure. Chairman read the legal notice of hearing in its entirely and appeal application for the record. nothing to say. You have read everything. ( GEORGE KOKKINOS: We have CHAIP~4AN GOERHINGER: When a house has lost its, in 'this particular case, non-conformance, we usually require the house to be brought up to 850 square feet. Now, I am asking that question, because i was wondering if you willing to do that? GEORGE KOKKINOS: That's the requirement, yes. CIIAIRMAN GOEHRI~G~. Would you be renting th].s house, or would you be using it for family members? GEORGE KOKKINOS: We are using it for family men]bors. CHAIRMAN GOmHRINGEz{: Would _vou be putting its own separate well and septic system in the house, in lieu of hooking up to the Other? GEORGE KOKKINOS: Yes. The house has running CHAIRMAN GOEHRiMGER: Any application before a Board usually entails when we grant something of this nature, it u~.~ally states that it not that it conform to all side yard and rear yard restrictions as to zoning on a particular parcel, so therefore we would no~, assuming we grant this application, allow you to c©me in closer to the right of way, tke property on the one side. Any building construction would have to be to the rear of that, to the rear of the existing bui~zd~ng'~ . BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of $outhold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the in.n.n.n.n.n.n.n.n.Q~ntlnn Q_f the_~undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance)~,cial~Ex~c~.~!.o~ (Special Permit) (Other) [circle choice] ). 2. That the property which is the subiect of the Petitio~n is located adjacent to your property and is des- 3. That the property which~_ /is t,he subject of such Petition is located in the following zoning district: '-f)i'b¥- t K..,C:,F. ~-~:'~_!. (';?'_ b'~,.L~ '~L~ ~'(!~-'> ;, "- t7_ 4. That by such Petition, the undersigned will request the following relief: ' LEd S. That the provisions of the Southoid Town Zoning Code applicable to the relief sought by the under- 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in theSouthold Town Clerk's Office at Main Road Southold, New York and you ma), then and there examine the same during regular office hours. (516) 7~'5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner Post Office Address PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 637 467 926 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR iNTERNATIONAL MAIL (See Reverse) Stree and No. t P~tage r / l Restricted Delive~ Fee Return Receipt Showing to whom and Date Delivered Return receipt showing to whom, TOTAL Postage and Fees STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: P 637 467 925 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAiL (See Reverse) Sent t 1 ~Z3. ' Street a 'ho ' · LO State an ZIP Code Ce~ified Fee Special Delive~ Fee Restrict~ DeHve~ Fee Return Receipt Showing to whom and Date Delivered Return r~eipt showing to whom, Date, and Address of Degve~ TOTAL Postage a . /~ , residing at [ ..,,~,,~,. ~ ,~._0 ] ' bein§ duly s[v°r"' dep°ses and says that °n the ';~ 0 cr"day of ~_ ,19 ~',dr , 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 curren~assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at L -,r-~(v-.~c~ uC- ; that said Notices were mailed to each of said persons by (certified) (r~gistered) ~mail. Sworn to before me this day of ~'~i~,C, __, 1 9 NoEary Public ELIZABETH BUSSO //~OTARy PUBLIC, Stot® of No. 4755734 Qualified in Buffolk Ceun~ ~mmission Expim~ /~.a~ch JUDITH T. TERRY ToWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE ($16) 76:5-1801 October 25, 1985 To; From: Re: Southold Town Planning Board . ~ Southold Town Board of Appeals/,' $outhold Town Building Department Judith T. Terry, Town Clerk Waivers granted by Town Board on October 22, 1985 Attached hereto are the following waivers of the provisions of Local Law No. 14 - 1985 which were granted by the Southold Town Board at their October 22, 1985 regular meeting: Ruth Enterprises Walter and Marilyn Gatz Joseph Lizewski 125-127 Main Street Corp. Alfred M. Citelli, Jr., DDS & Vincent M. Robert A. Celic Claps, DDS Also attached is the resolution denying a waiver to "280 North Road", and a letter to Dynasty Packing Inc. relative to the Board's inaction on their waiver request. Attachments JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 $outhold, New York 11971 TELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 22, 1985: WHEREAS, Joseph Clifford Cornell, on behalf of Ruth Enterprises, h;'s requested that this Board waive the provisions of Local Law No. 14 - 1985 with respect to his application presently pending before the Planning Board and the Building Inspector, and WHEREAS, Joseph Clifford Cornell appeared before this Board and explained the nature of the uses for which he proposes to use the premises in question, and WHEREAS, this Board finds that the applicant proposes to construct a new build- ing to house three business offices, and WHEREAS, this Board deems such use consistent with the uses in a Limited Business District as proposed by Raymond, Parish, Pine & Weiner, Inc.'s Master Plan Update Zoning Code revisions, · NOW, THEREFORE, BE IT RESOLVED that the applicant be and he hereby is granted a waiver of the 'provisions of Local Law No. 14 - 1985 to the extent of permitting such uses on said premises as set forth in his application presently pending before the Southold Town Planning Board for a site plan and the Southold Town Building Inspector for a building permit, subject, however, to the applicant obtaining any and all permits and approvals required by all Town and other governmental agencies having jurisdiction thereof. Judith T. Terry~ $outhold Town Clerk JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE ($16) ?~5-1801 3~{'11S IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE S0UTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 22, 1985: WHEREAS, Garrett A. Strang, on behalf of Walter and Marilyn Gatz,has requested that thi~ Board waive the provisions of Local Law No. 14 - 1985 with respect to his application presently pending before the Southold Town Planning Board and Southold Town Building Inspector, and ~ WHEREAS~ Garrett A. Strang appeared before this Board and explained the nature of the uses for which he proposes to use the premises in question, and WHEREAS, this Board finds that the applicant proposes to construct a restaurant and business offices, and WHEREAS, this Board deems such use consistent with the uses in a Limited Business District as proposed by Raymond, Parish, Pine & Weiner, Inc.'s Master Plan Update Zoning' Code revisions, - NOW, THEREFORE, BE IT RESOLVED that the applicant be and he hereby is granted a waiver of the provisions of Local Law No. 14 - 1985 to the extent of permitting only that which is allowed in the Limited Business District on said premises as set forth in his application presently pending before the Southold Town Planning Board for site plan approval and Southold Town Building Inspector for a building permit, subject, however, to the applicant obtaining any and all permits and approvals required by all Town and other governmental agencies having jurisdiction thereof. ~ith '1:.' Terry ~'~' Southold Town Clerk JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 22, 1985: WHEREAS, Garrett A. Strang, on behalf of Joseph Lizewski, has requested that this Board waive the provisions of Local Law No. 14 - 1985 with respect to his application presently pending before the Building Inspector, and WHEREAS, Garrett A. Strang appeared before this Board and explained the nature of the uses for which he proposes to use the premises in question, and · WHEREAS, this Board funds that the applicant proposes to construction a racquet- ball facility, and WHEREAS, this Board deems such use consistent with the uses in the R-40 District as proposed by Raymond, Parish, Pine & Weiner, Inc.'s Master Plan Update Zoning Code revisions, NOW, THEREFORE, BE IT RESOLVED that the applicant be and he hereby is granted a waiver of the provisions of Local Law No. 14 - !985 to the extent of permitting such uses on said premises as set forth in his application presently pending before the Southold Town Building Inspector for a building permit, subject, however, to the applicant obtaining any and all permits and approvals required by all Town and other governmental agencies having jurisdiction thereof. Judith T. Terry ~/ Southold Town Clerk JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 22, 1985: WHEREAS, Garrett A. Strang, on behalf of 125-127 Main Street Corp., has requested that this Board waive the provisions of Local Law No. 14 - 1985 with respect to his application presently pending before the Building Inspector, and WHEREAS, Garrett A. Strang appeared before this Board and explained the nature of the uses for which he proposes to use the premises in question, and WHEREAS, this Board finds that the applicant proposes to constructing a warehouse building with an office, and WHEREAS, this Board deems such use consistent with the uses in a Light Industrial District as proposed by Raymond, Parish, Pine & Weiner, Inc.'s Master Plan Update Zoning. Code revisions, NOW, THEREFORE, BE IT RESOLVED teat the applicasnt be and he hereby is granted a waiver of the provisions of Local Law No. 14 - 1985 to the extent of permitting such uses on said premises as set forth in his application presently pending before the Southold Town Building Inspector for a building permit, subject, however, to the applicant obtaining any and all permits and approvals required by all Town and other governmental agencies having jurisidiction thereof. "--Judith T. Terry /v/ Southold Town Clerk JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 22, 1985: WHEREAS, Alfred M. Citelli, Jr., D.D.S. and Vincent M. Claps, D.D.S. have requested that this Board waive the provisions of Local Law No. 14 - 1985 with respect to their application presently pending before the Southold Town Planning.. Board for~site plan approval, and WHEREAS, this Board finds that the applicant proposes to construct professional office buildings, and WHEREAS, this Board deems such use conssitent with the uses in a Light Business District as proposed by Raymond, Parish, Pine & Weiner, Inc.'s Master Plan Update Zoning Code revisions, - NOW, THEREFORE, BE IT RESOLVED that the applicants be and they hereby are granted a waiver of the provisions of Local Law No. 14 - 1985 to the extent of permitting such uses on said premises as set forth in their application presently pending before the Southold Town Planning Board for site plan approval, subject, however, to the applicant obtaining any and all permits and approvals required by all Town and other governmental agencies having jurisdiction thereof. Southold Town Clerk JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 22, 1985: WHEREAS, Robert A. Celic has requested that this Board waive the provisions of Local Law No. 14 - 1985 with respect to his application pending before the Southold Town Planning Board and Southold Town Building Inspector, and WHEREAS, this Board finds that the applicant proposes to construction an extension to his real estate office building, and WHEREAS, this Board deems such use consistent with the uses in a B-1 District as proposed by Raymond, Parish, Pine & Weiner, Inc.'s Master Plan Update Zoning Code revisions, NOW, THEREFORE, BE IT RESOLVED that the applicant be and he hereby is granted a waiver of the provisions of Local Law NO. 14 - 1985 to the extent of permitting such uses on said premises as set forth in his application presently pending before the Southold Town Planning Board for site plan approval and the Southold Town Building Inspector for a building permit, subject, however, to the applicant obtaining any and all permits and approvals required by all Town and other governmental agencies having jurisdiction thereof. ~~h~. Terry~/~ Southold Town Clerk JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 22, 1985: WHEREAS, John C. Tsunis, Esq., on behalf of "280 North Road", has requested that this Board waive the provisions of Local Law NO. 14 - 1985 with respect to his applica- tion presently pending before the Southold Town Planning Board, and WHEREAS, this Board finds that the applicant proposes to construct a retail shopping center, and WHEREAS, this Board deems such us inconsistent with the uses in the R-O District as proposed by Raymond, Parish, Pine & Weiner, Inc.'s Master Plan Update Zoning Code revisions, NOW, THEREFORE, BE IT RESOLVED that the applicant be and he hereby is denied a waiver of the provisions of Local Law No. 14 - 1985 with respect to his application presently pending before the Southold Town Planning Board for site plan approval. Southold Town Clerk JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 $outhold, New York 11971 TELEPHONE (516) 765-1801 October 25, 1985 Capt. John M. Dulemba, Pres. ¢ G.E.O. Dynasty Packing Inc. Box 699 Mattituck, New York 11952 Dear Mr. Dulemba: The Southold Town Board at their regular meeting held on October 22, 1985 failed to take action on your application for a waiver of the provisions of Local Law No. 14 - 1985 in light of the fact you made no application to any Town agency prior to the enactment of Local Law No. 14- 1985. Very truly yours, Judith T. Terry $outhold Town Clerk QUEST!ONNAIRE TO BE COMPLETED AND FILED WITH APPLICATION TO THE Z.I].A. The New York State Tidal Wetlands and Use Regulations, 6 NYCRR, Part 661, requires an application to the N.Y.S. Department of Environmental Conservation, Environmental Analysis Unit, Building 40, S.U.N.Y., Stony ~rook, FlY 11794, (tel. 516-75F-7900) 0 if you have checked Box ~1 and/or Box#6 below. Please either call their office or personally visit them at their Stony Brook office for instructions and application forms. Once you have received written notification of approva please provide our office with a copy (with the conditions) as early as possible in order that we may continue processing your Z.B.A. application. [ ] I. [ ] 2. [ ] 3. Waterfront without bulkheading Waterfront with bulkheading in good cor~dition [ ] the full length of the property [ ] at least 100' in length Not located within 300' of waterfront or wetlands area [ ] 4. May be located within 300' of waterfront or wetlands area; however, the following structure separates my property from this environn~ental area: ! ] 50' existing road [ ] existing structures [ ] bluff area more than 10' in elevation above mean sea level [ I 5. This proposed addition/expansion of an existing building will be more ti]an 75' from the landward edge of tidal wetlands/waterfront areas. [ ] 6. This proposed addition/expansion of an existing building will NOT be more than 75' from the landward edge of tidal wetlands/waterfro~]t area. [ ] 7. Please be aware that any and all subdivisions and new dwellings will also require an application to the N.Y.S. Department of Environmental Conservation for their review and approval. If you are able to provide them with recent photographs of the project and wetland areas, it would help expedite the processing of your applica- tion. This questionnaire is made to explain the requirements of this State 1.aw and to prewnt any unnecessary delays in processing your application(s). 10/831k mtsston of thiS~lliorin, arid all envtromiler;Lall~view will be made by this bd~l~d before any action SNORT. ~NV~qO,'P.'.ENT~L ASSESSMENT F~P34 INSTRI~?IC~S~ (a) In order to answer the questions in this short EAr is le aee~sd that the preparer will use currently available i~.forr..a%ion concerning the pro~$ct and the likely impacts of the action. It ia not expected that additional studioe~ research or other lnves~igatione w~ll be undertaken. (b) If any question hms been answered Yes the project may be si~niflcant and a completed Environmental Assessment Form is neces~ar{. (c) If all questions have been answered No nc? significant. (d) Envircr~ental Assessment 1. Will project result in ~ large physical to the project site or ~hysically alter more t~n 10 acres of land? . · · · · · 2. Will there be a major change to any unique or unusual land form found on the site? · . . . 3. Will project alter or have a large effect on an existing body of water? · Will project have a potentially large impact on groundwater quality? Will project significantly effect drainage fl~w 6. Will project affect any threatened or endangered 7. Will project result in a major adverse effect on air quality? , · , Will project have a major effect on visual char- acter of the community or scenic views or vistas know~ to be important to the com.munity? 5 Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? . · · 10. W~ll project have a major effect on exieting or future recreational opport~itiea? · · · 11. Will project result in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause objectionable odor~, noise, glare, vibration, or electrical disturb- ance a~ a result of the project's operation? . 13. Will project have any impact on public health or sa£ety? . . . . . , · · · · Yes ,/No Yes Yes Yea Yes ~--~No Yes ~"~No ¥~s Will project Affect the existing community by directly causing a ~rowth ~n permanent popula- period ~ have a ~ajor negative effect on the Yes ._~ No 15~ l~ there p,fPlic cgntFoversy cor~cernxng Yes Yes Yes ~'~ No Yes the project? . Yes ~ No 3RAWN BY J r rr '.?;-E -:~ ~'~N .I. 4'-~g' t , , ' F~PT A ~: LAv ~. L ¸il '1 :0 I t t I I: Ih '!4 .J ,I '