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Home My WebLink About3783Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Appl. No. 3783: Matter of JOSEPH A. STOCKEN/M & N AUTO, INC. for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80 for expansion of the present property by the addition of a new building to be utilized for the existing automobile service station and public garage, in addition to the continued sales of gasoline and proposed retail (grocery) store uses, all as shown on the August 4, 1988 Site Plan. Location of Property: South Side of Front Street (Route 25), Greenport, NY; County Tax Map District 1000, Section 45, Block 6, Lot 5. At a Meeting of the Zoning Board of Appeals held on November 16, 1988, the following action was taken: WHEREAS, a public hearing was held on October 26, 1988 under File No. 3783, filed September 26, 1988; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, applicants request a Special Exception pursuant to the requirements of Article VIII, Section 100-80(B){17) for permission to relocate existing automobile service station and public garage within a new 1500 sq. ft. Page 2 - Appeal No. 3783 Matter of JOSEPH A. STOCKEN/M & N AUTO, INC. Decision Rendered November 16, 1988 building, located as shown on the August 4, 1988 Site Plan Map prepared by Garrett A. Strang, R.A. with setbacks at 48 feet from the rear (southerly) property line and 25 feet from the westerly side property line. The existing building is proposed to be changed to a grocery market with office and storage, in conjunction with retail gasoline sales. 2. The property in question is: {a) located in the "C-Light Industrial" Zone District; (b) contains a total lot area of 1.38+- acres {58,279 square feet}; (c) improved with a 51' by 80 ' one-story cement-block building and two gasoline pump islands, all as more particularly depicted on the August 4, 1988 Site Plan Map; (d) identified on the Suffolk County Tax Maps as District 1000, Section 45, Block 6, Lot 5; (e) in the ownership of M & N Auto, Inc., Claudio and Carol Giovannelli in Deed dated October Liber 9673 cp 46. conveyed by 29, 1984 at 3. For the record it is noted that by letters dated October 17, 1988 and September 19, 1988, the Planning Board has coordinated its comments under the pending site-plan review. 4. Also noted for the record are the previous actions under No. 257 rendered March 14, 1960, No. 357 rendered May 17, 1961, and No. 624 rendered January 23, 1964 by the Board of Appeals concerning this property and the existing uses. 5. In considering this application, the Board has: (a) considered items {a} through {1} of the zoning code; (b) determined the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent-use districts; (c) determined the safety, health, welfare, comfort, convenience, and order of the town will not be adversely affected by the proposed use and its location; (d) determined that the use is in harmony with and will promote the general purposes and intent of zoning since this is a use permitted by legislative action and will meet the requirements of same under the zoning code, subject to site-plan action by the Planning Board. Page 3 - Appl. No.~78~ Matter of JOSEPH A. STOCKEN/M & N AUTO, Decision Rendered November 16, 1988 INC. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to GRANT a Special Exception as applied and referenced above, in the Matter of the Application of JOSEPH A. STOCKEN/M & N AUTO, INC. under File No. 3783, SUBJECT TO THE FOLLOWING CONDITIONS: 1. No major repair work to be done out in the open (must be within an enclosed building); 2. Rear of proposed garage building must be enclosed with fencing at a height of six feet; 3. No automobiles, automobile parts, dismantled or damaged vehicles, and similar articles, shall be stored out in the open or outside of the above fence enclosure; 4. The parking areas shall be as designated by the Planning Board and shall be laid out as to avoid the necessity of any vehicle backing out onto the street, Shall be located not less than 10 feet from any property line, and shall be used only by light trucks and automobiles; 5. In the event it is found that the subject premises are being used in a manner other than that permitted by this approval, or by the zoning ordinance, or are in violation of these conditions or the zoning ordinance, the Board of Appeals may automatically terminate the relief granted hereunder; 6. Plantings, screening, curb cuts, shall be as designated by the Planning Board under its site-plan regulations (Article XIII). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Sawicki and Dinizio. (Absent was: Member Grigonis {out-of-state}). This resolution was duly adopted. RECEIVED AND FILED BY T~ SOUTHOLD TOV/N C~:i22 Town Clerk, Town of GERARD p. GOEHRINGER, CP~AIRMAN APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llCJ?l TELEPHONE (516) 765-1809 April 3, 1989 J. Kevin McLaughlin, 828 Front Street P.O. Box 803 Greenport, NY 11944 Esq. Re: Appl. No. 3783 Stocken/M & N Auto (Special Exception) Dear Kevin: This letter will confirm for the record that Condition No. 4 of this Board's decision rendered November 16, 1988 under Appl. No. 3783 in the above matter is hereby clarified to leave the parking areas at the sole discretion of the Planning Board under its jurisdiction in the site-plan review process. It is not the intent of the Board of Appeals to substitute its judgment over the Planning Board's discretion in this project. The wording of Condition No. 4 is clear in the first line stipulating that "...the parking areas shall be as designated by the Planning Board .... " This condition was intended only in the event the Planning Board had waived jurisdiction and the applicant proceeded with the plan submitted under the Special Exception. The Board of Appeals, by unanimous vote at its Regular Meeting held March 16, 1989, waived its jurisdiction under the parking regulations if the Planning Board wishes to alter the same o Yours very truly, GERARD P. CHAIRMAN GOEHRINGER lk cc: James A. Schondebare, Town Attorney Planning Board Office and Members APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONiS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals F4AIN ROAD- !=ITAT£ ROAD 25 ~3nUTHDLD, L.I.o N.Y. llcJ?l TELEPHONE (516) 765-1809 March 27, 1989 J. Kevin McLaughlin, Esq. 828 Front Street P.O. Box 803 Greenport, NY 11944 Re: Appl. No. 3783 Stocken/M & N Auto (Special Exception) Dear Kevin: This letter will confirm for the record that Condition No. 5 of this Board's decision rendered November 16, 1988 under Appl. No. 3783 in the above matter is hereby clarified to leave the parking areas at the sole discretion of the Planning Board under its jurisdiction in the site-plan review process. It is not the intent of the B~-~/~f~p~ls to substitute its judgment over the Planning Bo~r~ ~i~dre~on in this project. The wording of Conditio~ ~o. 5 is c~ar in the first line stipulating that "...the parking areas ~hall be as designated by the Planning Board...~ / This condition was intended only in the event the Planning Board had waived jurisdiction and the applicant proceeded with the plan submitted under the Special Exception. The Board of Appeals, by unanimous vote at its Regular Meeting held March 16, 1989, waived its jurisdiction under the parking regulations if the Planning Board wishes to alter the same o Yours very truly, GERARD P. CHAIRMAN GOEHRINGER lk cc: James A. Schondebare, Town Attorney Planning Board Office and Members Southold Town Board of Appeals -12- February 9, 1989 Special Meeting (Perillo 280-a Update, continued:) On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, Goehringer and extending from Thomas Perillo ACCEPTED TO BE Conditions No. that the improvements as inspected by Chairman Member Dinizio, to the existing right-of-way Westphalia Road to the premises of the applicant, (1000-114-1-7), BE AND HEREBY ARE APPROVED AND IN COMPLIANCE with this Board's decision, 2(a) through (d) under Appeal No. 3317 rendered February 14, 1985. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Absent were: Member Serge J. Doyen due to serious family illness and Member Joseph H. Sawicki {out-of-state}.) This resolution was duly adopted. REQUEST FOR P.B. INPUT: Appl. No. 3819 - RUTHANN BARTRA. The Board was updated and input was expected to be received from the Planning Board concerning the general lot-line configuration under the set-off subdivision regulations within the next 45-50 days. The Board agreed to tentatively place this matter on the next available hearings calendar (to wit: April 13, 1989). UPDATE: Appl. No.'~3783SE~and 3782V - Matters of JOSEPH STOCKEN/M & N AUTO. A 1L~%'~f--was received (1/17/89) from Joseph Stocken concerning a restriction by the Board of Appeals as to no parking within 10 feet of the property line along the west side of the property. The Secretary was asked to check with the applicant's attorney, J. Kevin McLaughlin, Esq. as to his recent communications with the Planning Board to ascertain the problem and if possible what the Planning Board's preference was for a parking arrangement. It was unclear as to why the Planning Board wouldn't have jurisdiction when Condition No. 4 of the Z.B.A. decision reads: "...The parking areas shall be as designated by the Planning Board .... " Respectfully submitted, Linda F. Kowalski, Secretary Southold Town Board of Appeals Approved - , 1989 TRANSCRIPT OF JOINT PUBLIC HEARINGS SOUTHOLD TOWN BOARD OF APPEALS OCTOBER 26, 1988 REGULAR MEETING Appl. Nos. 3~83SE~and 3782V.- JOSEPH A. STOCKEN/M & N AUTO, INC. Locatl--On~of Property. South Side of Front Street (Route 25), Greenport, NY; County Tax Map District 1000, Section 45, Block 6, Lot 5: Appl. No. 3783SE - Special Exception to the Zoning Ordinance, Article VIII, Section 100-80 for expansion of the present property by the addition of a new building to be utilized for the existing automobile service station and public garage, in addition to the continued sales of gasoline and proposed retail (grocery) store uses, all as shown on the August 4, 1988 Site Plan. Appl. No. 3782V - Variance to the Zoning Ordinance, Article VIII, Section 100-80 for permission to convert existing building to retail (grocery) store, which is not listed as a permitted use in this "C-Light Industrial" Zone District, in addition to the existing sales use (of gasoline and proposed retail (grocery) store uses, all as shown on the August 4, 1988 Site Plan. Present were: Chairman Gerard P. Goehringer; Charles Grigonis, Jr.; and James Dinizio, Jr., constituting a quorum of the five-member Board. (Absent were: Serge Doyen due to serious family illness, and Joseph H. Sawicki.) Also present were: Linda Kowalski, Board Secretary, and approximately 40 persons in the audience at the beginning of the meeting. The Joint Hearing commenced at 8:56 p.m. and the Chairman read the Legal Notices of Hearings for the record. CHAIRMAN: I'll open both hearings at the same time because one really does relate to the other. I have a copy of an architect's rendering of the site plan indicating the existing building, which of course is a public garage, and the nature of that particular use and the dispensing of gasoline. And the proposed -- basically, what it is, is the moving of that existing garage to the rear of the property and utilizing the quite large building in the front for the purposes of selling retail groceries. And the date on that is, as mentioned in the Page 2 - Transcript of Hearing Southold Town Board of Appeals Regular Meeting of October 26, 1988 (STOCKEN hearings, continued:) legal notice 8/4/88 in behalf of Garrett A. Strang, Architect. Who is representing the applicant, Mr. McLaughlin? J. KEVIN McLAUGHLIN, ESQ.: Yes. I am here representing Joseph Stocken, who is the contract vendee on the subject property. As the legal notice states, the property is presently improved by an automobile repair shop, and along with a gasoline sale - the pumps, and there's a small office on the westerly side of the building that's currently under a lease. This is an approximately 4900 sq. ft. building place on about a 1-1/2 -acre parcel. Our proposal is to build an approximately 1500 sq. ft. building in the rear of the property to house the existing automobile repair shop for R & R Auto and to convert the existing repair shop into a convenience store and to continue the lease for the small office in the westerly side of the building for the gasoline sales, along with the lease of these pump areas. We have before you tonight both a Special Exception to allow us to - the prior nonconforming automobile repair shop to be relocated into that 1500 sq. ft. building that would be located in the rear portion of the property. And we also have a variance to allow us to convert the existing building into the retail grocery store. That building would, at least on the exterior, remain virtually the same as it is. No expansion in size. The existing automobile repair shop is basically larger than necessary for the people that are running the operation. They were forced a few years ago to move out of the space that they had and really were kind of forced into taking the property that was there and utilizing it. It has become apparent to them over the course of the last few years that the building and its accompanying costs are too great for the operation that they have and finally it's not feasible for them to continue. This automobile repair shop, would under the terms of the proposed, the contingent contract, lease that 1500 sq. ft. building in the rear of the premises. The lease, as I said with the oil company, would continue with the gasoline pumps and the office. However, if you look at those two rentals, the income from those two rentals would not even cover the depth service that Mr. Stocken would undertake to pay under an existing mortgage. In fact, there would be a short fall on an annual basis, some where between 14,000 and 15,000 dollars. It's not feasible to have those two rentals coming in and nothing else would be done Page 3 - Transcript of Hearing Southold Town Board of Appeals Regular Meeting of October 26, 1988 (Appl. Nos. 3783SE and 3782V - STOCKEN/M & N AUTO hearings, continued:) MR. McLAUGHLIN, continued: on the property. Financially, it just doesn't work. That's not even taking into consideration the cost of constructing the new 1500 sq. ft. building and a cost of alterations to the existing building to make it suitable for a use other than as an automobile repair shop. So it becomes obvious that in order for this property to realize a reasonable return on the investment, that there has to be some sort of use for the existing automobile repair shop building. And the problem that we have, we're in a C-1 Zone and there are really only a couple of permitted uses in the C-1 Zone, two-family residences and one other that escapes me right now. And then there's a list of Special Exception uses that come before this Board and get a Special Exception, you can do it. Unfortunately, this list doesn't encompass a grocery store and the uses that it does encompass are either marine related and this property doesn't front on the water, so they're really out of the question, or there are other uses that frankly there's just no available buyers that are interested in utilizing for that purpose, nor does the building itself render itself useful for that type of business. The nature of the existing building is such that Mr. Stocken, who is very knowledgeable and in the grocery business, and has been involved in it successfully for many years, in different locations, it could be converted to that use relatively easily. As a result, the current owners are in a situation where they're not making a reasonable return on their investment. In fact, they are here this evening, and I think they'll tell you-- they've been losing money at the site for some period of time, and they're in a relatively desparate situation where they have to do something. Just making their mortgage payments, especially during the winter months - are becoming more and more tenuous. They've had the property on the market for a considerable period of time and no one is coming forward to purchase it for any of the uses in the C-1 Zone. Therefore, it doesn't appear as if there could be a reasonable return on any of the uses that are allowed either as a permitted use or as a Special Exception use under the C-1 Zone for this building. As a result, both the present owners and my client, the contract vendee, are in a position where unless this variance is granted, there's never going to be a reasonable return made on this property. Page 4 - Transcript of Hearing Southold Town Board of Appeals Regular Meeting of October 26, 1988 (Appl. Nos. 3783SE and 3782V - STOCKEN hearings, continued:) MR. McLAUGHLIN: I think the situation here is unique, not generally conditioned in the neighborhood--the building in itself is unique. The location of the building is somewhat unique. We're within a very few feet of a business zone where a grocery store type use would be a permitted use. Ail of the uses in the area essentially are not of an industrial nature, per se. Celic Realtors is a couple of doors away. We've got Fleet Lumberyard. We've got the 7-11 a few doors down the street, which is a similar type use. We've got the Sunrise Bus Lines. But most of the area is of a business nature and certainly not of an industrial nature. And that makes our situation kind of unique. If I could just address for a second the Planning Board's-- I know they provided you with a letter as to their position in this matter. It would appear that the main basis for their not being totally in favor of our application as a concern over the mixed uses that we propose for this property. However, I think there are some examples of very similar mixed uses of area gas station convenient-type stores. The Mobil Station on the North Road and there's one in Mattituck that have very similar mixed uses which I would assume have gone through the Planning Board and obtained their approval. I think Mr. Stocken would like to make a short presentation to the Board this evening, and the present owners from M & M Auto would like to make a short presentation and then all of us, and also Mr. Strang is here, who is the architect on the project, and would be available for any questions that the Board might have. Thank you. MR. JOSEPH STOCKEN: A very brief description of myself, my company, and what I plan to do. My name is Joe Stocken. I've been in my own business for 12 years and presently have seven stores. I would like to point out. I don't cater to the teenage market, and I'm not open 24 hours a day. I cater to the adult community. I carry a full line of groceries, produce, dairy, frozen food, and the only thing that I don't carry is fresh meat. And my place is very competitive. CHAIRMAN: While you are there, Mr. Stocken. What will happen with the gas pumps? Will you continue to operate those within the grocery store? MR. STOCKEN: I hope to. Page 5 - Transcript of Hearing Southold Town Board of Appeals Regular Meeting of October 26, 1988 (Appl. Nos. 3783SE and 3782 - STOCKEN/M & N hearings, continued:) CHAIRMAN: And what will happen with the -- I noticed there was no parking plan for the front part of the building except for the easterly side. Will there be a parking plan there provided that, if you do continue or if you don't continue with the gas pumps, what will happen with the front lot, sort of speak? What are you intending to do there? MR. STOCKEN: Well, it has to -- you have to have access for the pumps. CHAIRMAN: What about the west side of the front lot, where it's-- I see no parking spaces etched out on the site plan. MR. STOCKEN: Well, the way it's set up there's ingress on the east side and it's an exit. CHAIRF~tN: So that would be just an alternate site for additional parking if it were required on that side? MR. STOCKEN: Right. CHAIRMAN: Thank you, sir. NORMAN REICH: I'd like to say, my name is Norman Reich. I moved out here about twelve years ago now trying to establish myself in my business and providing an income for my family. But what I've run into is -- during the summer months, everybody knows that you can make a living and then in the winter, you fall behind. And every year it gets to be the same thing. And it's been twelve years now, and I still haven't got to the point where I can relax in the winter. And without this mixed use, I can't see me being able to stay out in the area much longer. That's really about it. CHAIRF~kN: Thank you, sir. Can I ask Mr. Strang a couple of questions? How are you tonight, sir? GARRETT STRA/~G, R.A.: Quite fine, thank you. CHAI~: The parking plan in the rear of the proposed grocery store. MR. STRANG: Yes. Page 6 - Transcript of Hearing Southold Town Board of Appeals Regular Meeting of October 26, 1988 [Appl. No. 3783SE and 3782V - STOCKEN hearings, continued:) CHAIRMAN: Is that primarily for-- I noticed there's one planting and one area which divides the two areas in particular. Is that an additional parking area for the grocery store or is that mainly for the auto repair business? MR. STRANG: To answer your question, the parking that is shown diagonally, what I would deem to be the northerly half of that, is pretty much going to be used as overflow parking as necessary for the grocery store. The southerly half of it, along with the other four spaces, will be allocated for parking for the service station for an automobile repair section. So we could meet the zoning criteria with respect to how many parking stalls are required for each of the uses. CHAIRMAN: The most recent application that we have -- and I hate to keep going back on this -- was one in Mattituck, down just before the bridge about three or four places before it - Tyler's Garage. We had asked at that particular time that any dismantled vehicles, or any vehicles that were not operating or if any vehicles that were in the area of larger than a car or a pick-up truck be housed in the rear of the building. Is that a possibility, if we were so inclined to grant this application, that parking could be provided in the rear of this building? MR. STRANG: I don't see that that is a problem. Again there was an intention to maybe address that issue if it became necessary, if you'll note we have the building off set 48 feet from the rear line, so we do have some room allocated back there. CHAIRMAN: Ok. Mr. McLaughlin, anything else? (None) Thank you. Is there anybody else that would like to speak in favor of this application? (None) Anyone to speak against the application? (None) Questions from Board Members? (None) Hearing no further questions, I'll make a motion closing (concluding) the hearing, reserving decision until later. Thank you very much gentlemen. MEMBER GRIGONIS: Seconded. AYES: Ail. Respectfully s~bmitted, ~ K~~~ary Southold Town Board of Appeals Southold Town Board of Appeals Main Road- State Road 25 Southold, L.I., New York 11971 c/o Mr. Gerald P. Goehringer January 13, 1989 Re: Appeal No. 3783 - Stocken/ M & N Auto (Special Exception) Dear Mr. Goehringer, I am writing in reference to the action taken by the Board which requires parking areas shall be located not less than ten (10) feet from any parking line. This restriction would curtail the parking I would require, to such an extent, that ! would not be able to purchase the building. It would necessitate parking on only one side, which would be inadequate. Ail other buildings in the area are free of this restriction. Please give this your careful attention as to resolve this problem~ 183 Smithtown Boulevard Nesconset, New York 11767 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 LEE E. KOPPELMAN DIRECTOR OF PLANNING December 14, 1988 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Co~nission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) John G. Philippides joSeph A. Stocken/M & N Auto Inc. seph A. Stocken/M & N Auto Inc. 3772 3782 3783 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 ' SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH FI. SA~I/ICKI James Dinizio, Jr. Pursuant to Board of Appeals the following to xx Article XIII of the Suffolk County Charter, of the Town of Southold, New York, hereby the Suffolk County Planning Commission: Variance from the Zoning Code, Article , Section Variance from Determination of South~ld Town Building Special Exception, ArticleVIII, SectionlO0-80 the refers Inspector Special Permit x× Appeal N0.:3783 Applicant:Joseph A. Stocken/M & N Auto, Inc. Location of Affected Land:Front St. (Route 25), Greenport, NY County Tax Map Item No.: 1000-45-6-5 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound Or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Boundary of Existing or Proposed County, Other Recreation Area Thruway State or Federally Owned Land State or Federal Park or or Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established £hanne! Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to expand the present property by the addition of a new buildinq to be utilized f~r the existing automobile service station, in addition to the continued sales of gaso±lne and pr~pmsed retail (qrocery) store use~. Copies of Town file and related documents enclosed for your review. Dated: December 13, 1988 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L,I., N.Y, 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. December 10, 1988 , / J. Kevin McLaughlin, Esq. 828 Front Street, Box 803 Greenport, NY 11944 Re: Appl. No. 3783 - Stocken/M & N Auto (Spec. Exception) Dear Kevin: Transmitted herewith for your file and perusal is a copy of the determination rendered by the Board of Appeals recently concerning the above application. Please be sure to return to the Building Department and Planning Board for issuance of additional documents which may be necessary. A copy of this decision has also been furnished to both their offices to update their files. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Office of the Planning Board Office of the Building Inspectors Suffolk County Department of Planning Town Hall, 53095 Main Road P.O. Box 1179 $outhold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Zoning Board of Appeals From: Planning Board RE: Joseph Stocken SCTM $1000-45-6-5 Date: October, 17, 1988 /_~~ lo The Planning Board is not in favor of the above mentioned site plan. The plan would need major changes before it would be deemed acceptable by the Planning Board, should the ZBA see fit to grant a Special Exception. Please see attached letter, dated September 19, 1988, previously sent to both the ZBA and the applicant by the Planning Board. jt MEMORANDUM To: Zoning Board of Appeals James Schondebare, Town Attorney From: Valerie Scopaz, Town Planner Re: Joseph Stocken SCTM #1000-45-6-~ Date: October 17, 1988 The pypposal before your board involves a mix of uses, one of which~not allowed in this zone. From the evidence presented to the Planning Board and my conversation with Mrs. DeRosa, the applicant's daughter, it appears that the applicant wishes to make the grocery store the primary use. If that is the case; the applicant would be, perhaps, better advised to apply for a change of zone. jt Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE ($16) 765-1935 PLANNING BOARD OFFICE TO~I OF SOUTHOLD September 19, 1988 Garrett Strang P.O. Box 1412 Southold, NY 11971 RE: Proposed site plan fo~ Joseph A. Stocken, ~reenport SCTM #1000-45-6-5 Dear Mr. Strang: The proposed site plan for Stocken was reviewed by the Planning Board at a work session. The existing use appears to be a legal non-conforming use. In order to expand the use as proposed, a Special Exception will be required to expand a non-conforming use. Further, under the current code, a grocery store is not a permitted use within the C Light Industrial Zone. Therefore, it is recommended that your client apply to the Zoning Board of Appeals if he wishes to pursue the matter further. The Planning Board's comments on the site layout are enclosed. These comments should not be assumed to be an endorsement of the proposed use. In fact, the Planning Board is not in favor of the addition of food stores to gasoline service stations. If revised plans are submitted, please include the enclosed new site plan application form. This form is being used with all site plans so as to improve our records-keeping. If you have any questions, please do not hesitate to contact this office. cc: Building Department Zoning Board of Appeals Kevin McLaughlin jt Very,t-r~lly yo~s, 2/ ~ CHAIRMAN $outhold To~n ]3~.agd o£ Apl~eels -9- Janmry 23, 1964 ~requenctes ~or ~ar~je use only., s~nce It 1o understood · he IMbed £/nd~ that strict appllcatl~ o£ ~ Ord~nce ~e aplrL~ o~ ~e or~n~ nd w~ ~ ~e ~e ~racUr o~ ~ ~trtct, o~ ~tr n~~g ~as use ~ ~ "A" Rew~nt~ Vote of the ~ardj AFes~- Mr. GIXllople, M~. Bergen, Orl~nl~, and ~o ~ulmm. go~ m m~c~l ~ce~t~fl ~ mock.ce wl~ ~e ~ ~d ~hul~. ~d a~rt Or~, 9~ by ~n~ ~a~nd ~d ~8t b~ S. V~ Sciver. F~ ~ld ~5.00. The C~Lc~ slimed tAXa hearing ~htch had been recessed 7:45 P.~4., ~nursd~y, January 9, 1964 when the a~Xlcant fa~led to ai~Pear to spoa]~ for ~ application. $out~hold Town Boa2:d o£ Apl~-'ls -10- ~anu~t'y 23, 1964 ~'qR. AHDI~"W c~., Z t~h.tnk the applicat~xm speaks for ltsel~ as to want. the Intention is. the cars be ne~ and used? ~ CI~AJ~4AH~ *fl~e ne~ cars M~21d be %aa~"ted to the c~es y~m have an agency for ~' Mr. CnMPB~,I~s ~eo. X have ~o separat*-e £rmnch~ee, one w:Lth Ford an~.l the o~her with ~ercu~. ~ ¢l~J~,Ht Do ~ sell ~ucks? ~d %~ ~ uso ~ ~e bu%%~ w~L ~ 60 will ~ 50 b~ 100. it w~l ~ placed ~t ~g, ~. ~. c~L o~ed ~ ~eF ~ no~ keep ~re~a for ~ F~d ~r c~n~ sen~ ~m~c~m ~t ~ va~d a~ ~8. O0 ~r sq~re ~t ~r ~.-~ C~n read for ~asol~ ~c~ 8~0 and ~l~c g~eges, ~ F~er ~cuos~ ~s ~ld re~a~L~ ~o n~ and ~ed cars. ~. C~ll c~ZM ~i~ ~e Zord :4o~ ze~u~n8 and Xf ~ey ~ not lived up to ~ey could lose ~et~ ~chi8e. ) Are ~.hsre a~y ~xT~her questions? (There was no response. ) as a SO b~ 2.00 or G0 J:~ 100 maximum. '£hAs buJ.tdlng ia t:o be used £or t~e ~el;~Lr and malnt'.emmce of ~ ne~ and used ce~s. The BOard £tnd~ that ~he and J~t~ wAX1 ~ se~ed ~d ~e le~lly eo~lished or ~z~ted ~e of neA~~ ~y and adJo~ use ~A~ w~X no~ ~ ~en~M or s~~lly ~juzed On ~o~1o~ of ~t~. HuXse, seconded ~ ~L~. J~ezgen, J.~ ~ ~o~ ~e Ee~Ar and m~Xn~enance o5 the ne~ and used cars the d~men~lonO' of 50 by' 100 £~. or GO fit.. by 11.00 ft.. max,tmum, An the rear o~ this propeze. M'0 and An accmrclance wAth the a;.:~Dlicable sect:ires o£ the ~uAlding ~one O~dinance. Southold ~ Boazd o£ ~:~ppe~ls -12- January 2:3, 1964 X. ~o majoz repal~ ~ork ~aXX be ,per~ozTaed Ln the open. ,~upo, lubrlcstln9 and o~hez devlcea ol~ull be located a~ree~ az hLg~y, ~19ht-oL~uay, ag ~;~o~ezty llne. St~lna ~o be In accordance with 408, o~ ~he aulldlng zone Ordinance o£ t~e Tow~ Southold. new building. vote o£ the ~oa=d~ ~yea~- ~r. ~J~lllople, ~, Bergen, Grlgonla and ~. Huloe. 14r. ;Jan&el ,-~Lth appe&red before *:he an appl~ for a s~c~ excep~ ~o ~ R~d and ~e ~ct~n o~ a 01~ o~ ~ ~ ~ld ~. ~ml~ al~ w~hed ~ ~e a~llcatl~ ~, Znc. butl~ng ~d ~a~ bua~oB ~ ~e ~ R~d. ~e B~d ~old ~. Sml~ ~ 8~t h~ Southold Town lJoaxd o£ AppeaX8 -3- ~ay ~, 1~61 application Board ~Jda ~'.hat atzJ~/of the Or4Anance wouXd ~ on motion of Hz. Gl2~pLo, oeconded by Mr. Bergen, RESOLVED that Yrodezir. k Bo Selden, FJ--~th fJtzeet, Ozeenpozt, New 1N~rk, ~ ~ Vote o£ the B~az~l, Ayahs- Itt. OLLlJJp~e0 ~lz. ]Secgen, Mr. Rodenberg, and Y~. (~rigonLs. ~ ¢~AXR~d%~, Xo there anyone L~esent ~o w~ahes to opemk £oz th~ apl~catton? LEFFERTS P. El)SON, ES~. o Southold, Zfew X"o~, ~ reason the applicants no~ havLng applied du~Lng the permitted timo ~ CHAXIq2~Ms Xo there on:lfone eXmo ]L~ement ~ho w~mhe~ to mpea~ for this appX~cM~ton? (TAere M~ no temporize. ) (The~e ~mm no remponmeo ) HR. EDSOHs X wouXd t:~*emmue mn mddAt~i, onml 2mar. (The~e warn no response. ) ~MrZy ~d reamo~e ~ of ~tt~ or x~lly em~bd ~ ~MKe or ~ orMr o~ ~e ~ v~Z ~t ~ Southold ~ Boa2:d o£ AppeaLs #ay 11~ 1961 ]:Me tn ha,Ymon~- w:l.th and p~'omoto &.:he gene~al ~rpo~es and t~.ent of ~he o2~dlnance, thez'e~eo~e ~ ~o1~e ~1~ a~ a~ ~ 25, ~, ~ ~ ~g ~ n~ ~tA~ ~ ~ ftZ~g ~pl~a~n for a ~t1~ ~t ~ch 10, 1~2. Vote o£ the lMa:~ Ayeez- i~'. Gill/spiC, ~r. Bez~m, ~. Rc~entm~g, and t~r. ~zlqonls. ~he Cha/xman opened the beer/nV by reading application ~oE & epee/al e~eeptlon, legal notice of hea~4ncj and a£~ldivlt &t~atJ~j to J.t~ ~:u~X~Lc~tt.J.o~ J.~ the of£Xclal nevs.mipe:. P~m~qT ~I~CIL~, ~., ~u¥ Lake PaEk, East MaEICm, New There isn't anythLn~ to add. The vord~g on the sXgn Lo necchi. W~thout any o£ ~: tho sZgn vou~d be ~eal. Bronx /8 oo~ o~ a ~,~c'&de nu~k o£ t~e COrOne2. ''Z~: CL~A~z ~he slcyn ~ou are requesting natu:eoe an a~vertLsln~ 'a~n ~a~e: than dLrectLonal the t~aveX/n~ publXc. -10- ~Z'Ch 10,, 1960 Nap Mo. 156,, lflmliu i. oLut Club 1,ropert/el, ZII~. The Bom~cl Of~ A~o agrees with the ~oa:Lng' of ~he ap~lJ.c~ut, V~..e O£ ~he ]3omEd~ A~ISs-- M3~. GA111SpAe, Hr. Rose~Je~J, and Mr. opened the hear:Lng by readAng a~pILca~Lon for a legal ~tl~e of heax~nq and afft~avl~ attest- ]p~b~Lo~ J~ the official newest. Li%rFERT8 F. EO~C~f, 1ES~., Southold, New Ym~k, Z =e~eaent ~ X ~lAeve ~hlo appllcatXon sh~ld be amended words "and service station", simce a sepexato MR. EDSON, That is all =ig~t with me. 8oU*:bold Toqnm Boaurd o~' AppeiZs -ll- ~ 10, 1960 The sketch Lu the fLle ~ the ~ th~ ]molae~8 go in theze. Z~ J~ a klad of J~luatrJAX am, w~th the bua ahop and lurer yazd, and oo fozth. How Moro ~ho~- gong ~o b~Lld? ~t~ C2h~,I~U&~ t~1,11 a year be enough~ ~hore A~ a time lf~. EDSO~s ~he more t~e bett~z, X au not famfA~ v&th the t~ae scheduXe the~ have in mJ~d. have been cau~tonecl ag'"~ mspec~J, excmp4~oem ~ hold ~e ~ ~d ~e It al a ~ C~I:IA~I~ we don*t want to cause anyone any undue trouble. southoXd Torn Board of Appealo 42~ HILrch X0, X960 ¢ RBBOLVBD thu~ thJ~ appXicat, ton for a 'specLal e~ceptAon bo Pump~, lubrtca~.lng and otheje devicoo ~hmll be Xocated at least fLtteon (13) feet tgcau the IJ~e of any otroet or hlg3yuuy, r~jht-of-vu~, or propert~ IJ3te. least ~A~:eea (l~) ~ee~ dtfJtal~t frcm eliF street or lo~ X~uo. sAgnl to be Ln accordlmce wAth Article ~V, Sec~lcm 408, the Su~ldLng zone Ordinance o£ the ~ o£ SouthoXd. l~nn~JOlon 4. granted £or one yeer Ln' vhLch to eppIF for a building permit ~or thJJ project. Vc~o o£ ~.he soardt ~. Ayes,- ~,E. Gi111~pLe, ~. RoaenlMrg, and ~. Gri~mJJ. Town Hall, 53095 Main Road P.O. Box I 179 Southold, New York 11971 TELEPHONE ($16) 765-1938 PLANNING BOARD OFFICE TOWN OF $OUTHOLD September 19, 1988 Garrett Strang P.O. Box 1412 Southold, NY 11971 RE: Proposed site plan fo~ Joseph A. Stocken, ~reenport SCTM #1000-45-6-5 Dear Mr. Strang: T~e proposed site plan for Stocken was reviewed by the Planning Board at a work session. The existing use appears to be a legal non-conforming use. In order to expand the use as proposed, a Special Exception will be required to expand a non-conforming use. Further, under the current code, a grocery store is not a permitted use within the C Light Industrial Zone. Therefore, it is recommended that your client apply to the Zoning Board of Appeals if he wishes to pursue the matter further. The Planning Board's comments on the site layout are enclosed. These comments should not be assumed to be an endorsement of the proposed use. In fact, the Planning Board is not in favor of the addition of food stores to gasoline service stations. If revised plans are submitted, please include the enclosed new site plan application form. This *form is being used with all site plans so as to improve our records-keeping. If you have any questions, please do not hesitate to contact this office. cc: Building Department Zoning Board of Appeals Kevin McLaughlin jt ~,~ly yours, BENNETT ORLOWSKI, JR. CHAIRM3~N APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI Southold Town Board of Appeals I~AIN ROAD- STATI=' Rr'IAD 25 SI'IUTHr'ILD, L.I., N.Y. llc:J'7'l TELEPHONE (516) 765-1809 INTERDEPARTMENTAL MEMORANDUM TO: FROM: DATE: SUBJECT: Valerie Scopaz, Town Planner Southold Town Planning Board Chairman and Members Board of Appeals~. September 29, 1988 Site Plan - Joseph Stocken/M & N Auto, Inc. ID ~1000-45-6-5 ZBA Appls. No. 3783SE and 3782V As of recent date, our Office received applications pending for the above, which site plan dated August 4, 1988 is under review by your office. If you wish to provide recommendations or comments on this project, we urge that you do so on or before October 20, 1988, and transmit a copy of your comments to the applicant or his attorney at the same time in order to keep coordination up-to-date. If we do not receive your comments by October 20, 1988, we will assume that you have no objections and accordingly proceed. Thank you for your cooperation in this coordination. lk . ,.~ _;~ t,~ MAIN RI-lAD- r~TATE RrlAD 25 Sr~UTHE~LD, L.I., N.Y. 11971 ~ TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH Il. SAWICKI September 29, 1988 J. Kevin McLaughlin, Esq. 828 Front Street, Box 803 Greenport, NY 11944 Re: .. Appl. No. 3783SE and 3782 - Joseph Stocken CTM #1000-45-6-5 Dear Kevin: This letter will acknowledge receipt of the above applications filed on September 26, 1988. The Board Members will be conducting field inspections and environmental reviews as may be required by State and local laws prior to advertising these matters for public hearings. We have provided the Planning Board with notification that we are proceeding with the above matters and have urged any comments to be referred no later than October 20th, with copies to be sent directly to you by their office. In the interim, please furnish the following for the record: (a) Disclosure Affidavit for the owner-corporation; (b) written consent from the property owner authorizing you and Mr. Stocken to make these applications; (c) copy of all conditions of the Contract of Sale and statement of those parties having an interest in same. Page 2 - September 29, 1988 To: J. Kevin McLaughlin, Esq. Re: Appls. No. 3783SE & 3782 - Joseph Stocken Please feel free to call at any time if you have questions. Yours very truly, Enclosure cc: Planning Board Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski 828 FRONT STREET, P, O~ BOX 803 GREENPORT, NY 11944 (516) 477-1016 September 26, 1988 Town of Southold Zoning Board of Appeals Main Road Southold, New York 11971 Re: Joseph Stocken 74200 Main Road, Greenport, Tax Map No. 1000-45-6-5 New York Gentlemen: I have enclosed applications for a variance and a special exception in the above-referenced matter. date. JKM/lg Enclosures Pleas place these matters on you next available hearing Ver ~i South ld Town Board of Appeals MAIN RnAD- STATE RnAD 25 SnUTHnLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALSBOARDMEMBERS October 26, 1988 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGON[S, JR. S. E · Q · R. A. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION -IOSEPHH. SAWtCK{ Notice of Determination of Non-Siqnificanc~ APPEAL NO.: 3783SE PROJECT NAME: JOSEPH A. STOCKEN/ M & N ~UTO, INC. 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 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 gX] Unlisted [ ] Exempt DESCRIPTION OF ACTION:Expansion of present property by the addition of a new building to be utilized for the existing automobile service station, in addition to continued sales of gasoline and proposed grocery store uses LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly knQwn as: S/s Front Street, Greenport, NY~ 45-6-5 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) This is an application concerning use of premises and is not directly related to new construction. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, 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. (3) Information~has been submitted'by applicant or his agen~ in- dicating that the project will not involve the disturbance of wetlands grasses or areas subject to flooding which may be considered wetlands mc . C STATE OF NEY~RK) )SS: COUNTY OF SUFFOLK) Chris tina Cont~nto of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattitucl~ In the Town of Southald, County of Suffolk and State of New York, and that the Notice of which the annexed is a i~inted co~, has been regularly published In said Newspaper once each week for ] weeks successively, commencing on the 20 day of October _19 _88 Pdncipal Clerk Legal Notices NOTICE OF HEARINGS NOTICE,S H~REBY GWI~, 12~t~n~nt to'"~clion 267 ~ th~ Town Law and the Code of the Town of South~d, the feilowing heatings will be hem by the SOUT~OLD TOWN WEDNESDAY_ OCTOBER 26- 1988 m the ro.owln$ limes: 7:30 p.m. AppI. No. 3T/3 - GRETCHEN K. HE/Gl. Variance to the Zo~in$ Ordinance, Article Section 100-31 for permission to sufficient setback from the llon of Prop~ty: Private Right-of- Wsy extmdlng off the Ninth Side of Soundvi~w_ Avenue, Somhold, NY; County Tax Map District 1000, Sec° tion 68, Block 1. northerly pert of Lot 14 (now 14.1). ~ 7:40 p.m. AppL No. 3784 - JAMES YOUN(3. Variance to the 100-31 for permission to cmstma · ddltlon to dwelling wgh NY; C~2nty Tax Map District 1000. Seclion 87, B1pck 3. L~ 8. 7:45 p.m. Al)pl. No. 3772 - JOHN (3. pHILIPPIDES. Variance · Eacd_~ 100-119~. for pennissi~l to ~tt~ch from ~sfing bidkhead. Lo- Cow Ro~d, Somhcld, NY; County Ta/Map Distric~ 1000, Sec~u 52. . Binch 2, Lo~ 10.L ~ 7:50 p.m. Appl. No. 3785SE - , RAYMOND NINE and CHARLES ZAHRA. Spec~l Excepdm~ to the -., 7.~;-g Ordinate. Aflinle I~ Sectien 100-30B{16} for pennissiO,A to ~ "Bed and B~tkfast Use." "an he.J, where lodging md breakfast is lxovid~J for no~ mae than six casml, Block I1, L~ 20. ' 7:55 p,m. Appl. No. 3777 - CARL J. AND RUTH V. NI~SON. Variances to the Zoning O~inance, Article I1T, Secli~s 100-31 and 100- 32, and A~cin XI. Section 100-119.1 Sw°m t° he're me thb -~?--~)-~--~ ~fK . ~'s ~e. G~. ~; ~st- ~st 4~ 1988 S~ ~. 8:05 p.m. A~I, No. 3786 - %~ ~ ~m ~ ~) M~ON SA~O~. V~ ~ ~*: ~w~~a~t- ~ ~80~ A~e ~ ' ~ u~ ~ ~ C-~ght ~ 1~-30, ~s~ m ~- "~e ~ ~ a~d~ m the ~-f~y dw~ ~ ~ m m~. ~d~ o~ ~: 66~5 8:30 p.m. A~I. No. 3708 - C~ 48, G~; ~ T~ DA~ W~~ A~O- Map ~ 1~ ~, B~ Vafi~ m ~e 8:10 p.m. A~ No. 3762 - 31. ~ ~M ~ ~ as e~ ROBERT G. ~. DIANNA w~ ~s~fi~t lm ~ ~ ~d~ /~d~:~S~eof ~ Cowry Tax Map Di~ 1~. P~tS~t ~e~G~n~, ~ Se~on 115, BI~ ~, ~ 18.3 A~L No, 3783SE - ~ ~- ~. ~e ~d p~ ~ ~y ~d ~ ~r- d~e ~, ~ I~ f~ ~- ~' h~ ~ ~ ~ ~e a~e matto~. s~ ~ ~e preset ~ ~ ~e WdRm ~ ~y ~ ~ front yard seal,ache from the westerly for penni.ion to ~s~ ~n~s ~ for~e~s~ga~e~r- ~d ~dy ~ ~. ~m ~ ~ 10-ft. ~gh f~g ~ ~e r v~e s~fi~ and public gauge, in v~ at '~g Wa~," ~ ~ss of ~ ~~ ~ ~ ~ P~ ~ ~;, subject hearing. Each hea~ng will more informati~, plnse call 765- 1809. Dated: Oc~b~ ~' 1988. :~'' BY ORDER OF BOARD OF (3E~L*aD e. C, OEm~OEP., GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD .TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY 11971, on WEDNESDAY~ OCTOBER 26, !.988 at the following times: 7:30 p.m. Appl. No. 3773-- GRETCHEN K. HEIGL. Vari- ance to the Zoning Ordinance, Article 111, Section 100-31 for permission to connect deck to porch, leaving an insufficient setback from the south(westerly) property llne. Location of Pro- perry: Private Right-of-Way ex- tending off the North Side of Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 68, Block 1, north- erly part of Lot 14 (now 14.1). 7:40 p.m. AppL No. 3784-- JAMES YOUNG. Variance to the Zoning Ordinance, Artie~ l/l, Section 100-31 for permis-. sion to construct addition to dwelling with insufficient from yard setbacks from the westerly and southerly property lines. Location of Property: NE/s Minnehaha Boulevard at "Laughing Waters," Southold, NY; County Tax Map District 1000, Section 87, Block 3, Lot 8. "-'"~_7:45 p.m. Appl. No. 3772-- JOHN-G. P~HLIPPIDES. Vari- ance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct deck ad- dition at rear of existing dwell- ing with an insufficient setback from existing bulkhead. Loca- tion of Property: South Side of Old Cove Road, Southold, NY; County Tax Map District 14 Section 52, Block 2, LOt 10.1. ---~'"'~ p.m. Appl. No. 3785 SE--RAYMOND NINE and CHARLES ZAHRA. Special Exception to the Zoning Ordi-. nance, Article 111, Section 100-30B[16] for permission to establish "Bed and Breakfast .Us~' "an owner-occupied build- ~ng, other than a hotel, where lodging and breakfast is provid- ed for not more than six casual, transient roomers, and renting of not more than three rooms. Location of Property: North Side of New Suffolk Aven Mattituck, NY; County Tax Map District I000, Section 114, _Block 11, LOt 20. 7:55 p.m. AppL No. CARL J. and RUTH V. NEL- SON. Variances to the Zoning Ordinance, Article Ill, Sections 100-31 and 100-32, and Article XI, Section 100-119.1 for permis- siontj:~.~t onstract tennis court with0.~,~ high fencing in the fromyard area and total lot coverage in excess of the maxi- mum-permitted 20 percent. Location of Property: 1060 Moore's Lane, Greenport, NY; Eastern Shores Subdivision, Section 3, Lot 99; County Tax Map District 1000, Section 33, Block 2, LOt 43. 8:05 p.m. Appl. No. 3786-- MARION SACCONE. Variance to the Zoning Ordinance, Arti- cle III, Section 100-30, for per- mission to replace nonconform- ing trailer with new single-family dwelling, in addition to the es- tablished dwelling structures and uses. Location of Property: 66075 C.R. 48, Greenport, NY; County Tax Map District -section 40, Block 2, COUNTY OF SUFFOLK OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for · / weeks successively, commencing on the ............ q~. ,/Y...~..... d~5.oF..~ ~ .~.'-f. ~ ..... ,19~J~' ROJ E a.h 6'IANNA '-. BAKER. Bed and Breakfast proposal, 2900 Boisseau Ave. hue, Southold; 1000-55-6-9. (Re- cessed from October 6 1988), .................. day of f8:15 p.m. JOSEPH A. STOC.~N / KEN/M&N AUTO, INC. Loca- tion of Property: SOuth Side of .... Front Street (Route 25), Green- port, N~ County Tax Map Dis- trict 1000, Section 45, Block 6, } Lot 5: Appl. No. 3783SE--Specia]~ Exception to the Zoning Ordi- nance, Article VIII, Section 100-80 for expansion of the pre. sent Property by the addition of · a new building to be utilized for~ the existing automobile service station and public garage, in ad- dition to the continued sales of gasoline and proposed retail (grocery) store uses, all as shown ~,.on the August 4, 1988 Site PlaLr'-" Appl. No. 3782--Variance to the Zoning Ordinance, Article V. Ill, Section 100-80 for permis- sion to convert existing building to retail (grocery) store, which is not listed as a permitted use in th/s "C-Light Industrial" ZOne D/strict, in addition to the exist- ~ hag 'Sales use (of gasoline and .diesel) and Proposed new build. mg for automobile servicing. 8:30 p.m. Appl. No. 3708-- DAVID WAi ASSOCIATES. Variances to the Zoning Ordinance, Article Sect/on 100-31, for approval of parcel as exists with insufficient lot area and width and more Particularly described in Deed at Liber 8721 page 433 dated Oc- tober 25, 1979, having been set- off without Planni ag Board ap- proval. Location of Property: 1300 Marratooka Lane, Matti- tuck, NY; County Tax Map Dis- trict 1000, Section 115, Block 3, Lot 18.3 (previously part of 18.2). The Board of Appeals will at said time and place hear any and all per~ons or rePreSentatives de- siring to be heard in each of the above matters. Written com- ments may also be SUbmitted prior to the conclusion of the subject hearing. Each hearing will not start before the time al. lotted. For more information, please call 765-1809. Dated: October 6, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER, CHAIRMAN By Linda Kowalski IX, 10/20/88 (3) 'y Public ~RA A. SCHNEIDER IBUC, State et New Y0~ No. 4806846 ed in Suffolk Co::n.tv / ion Expires ~//~ Southold Town Board of Appeals '..'.c~%~1 ~. ';\'G~' MAIN ROAD- BTATE ROAD 25 BOUTHOLD, L.I., N.Y. 11~71 '~ TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI James Dinizio, Jr. TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Southold Town Board of Appeals MAIN RnAD-STATE RDAD 25 BI3UTH[3LD, L,I., N.Y, 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRtGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWIC½1 James Din'izio, Jr'. NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY 11971, on WEDNESDAYr OCTOBER 26, 1988 at the following times: 7:30 p.m. Appl. No. 3773 - GRETCHEN K. HEIGL. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to connect deck to porch, leaving an insufficient setback from the south(westerly) property line. Location of Property: Private Right-of-Way extending off the North Side of Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 68, Block 1, northerly part of Lot 14 (now 14.1). 7:40 p.m. Appl. No. 3784 - JAMES YOUNG. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with insufficient front yard 'Z.B.A. Legal Notice -2- October 2~988 Hearings setbacks from the westerly and southerly property lines. Location of Property: Waters," Southold, NY; Block 3, Lot 8. NE/s Minnehaha Boulevard at "Laughing County Tax Map District 1000, Section 87, 7:45 p.m. Appl. No. 3772 - JOHN G. PHILIPPIDES. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct deck addition at rear of existing dwelling with an insufficient setback from existing bulkhead. Location of Property: South Side of Old Cove Road, Southold, NY; County Tax Map District 1000, Section 52, Block 2, Lot 10.1. 7:50 p.m. Appl. No. 3785SE - RAYMOND NINE and CHARLES ZAHRA. Special Exception to the Zoning Ordinance, Article III, Section 100-30B{16} for permission to establish "Bed abd Breakfast Use," "an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms. Location of Property: North Side of New Suffolk Avenue, Mattituck, NY; County Tax Map District 1000, Section 114, Block 11, Lot 20. 7:55 p.m. Appl. No. 3777 CARL J. AND RUTH V. NELSON. Variances to the Zoning Ordinance, Article III, Sections 100-31 and 100-32, and Article XI, Section 100-119.1 for permission to construct tennis court with 10-ft. high fencing in the frontyard area and total lot coverage in excess of the maximum-permitted 20 Z.B.A. Legal Notice -3- October 1988 Hearings percent. Location of Property: 1060 Moore's Lane, Greenport, NY; Eastern Shores Subdivision, Section 3, Lot 99; County Tax Map District 1000, Section 33, Block 2, Lot 43. 8:05 p.m. Appl. No. 3786 - MARION SACCONE. Variance to the Zoning Ordinance, Article III, Section 100-30, for permission to replace nonconforming trailer with new single-family dwelling, in addition to the established dwelling structures and uses. Location of Property: 66075 C.R. 48, Greenport, NY; County Tax Map District 1000, Section 40, Block 2, Lot 7. 8:10 p.m. Appl. No. 3762 - ROBERT G. AND DIANNA BAKER. and Breakfast proposal, 2900 Boisseau Avenue, Southold; 1000-55-6-9. (Recessed from October 6, 1988). Bed 8:15 p.m. JOSEPH A. STOCKEN/M & N / AUTO, INC. Location of roperty: South Side of Front Street (Route 25), Greenp~rt, NY; ~ ount¥ Tax Map District 1000, Section 45, Block 6, Lot 5. O Appl. No. 3783SE - Special Exception to the Zoning ~ rdinance, Article VIII, Section 100-80 for expansion of the / present property by the addition of a new building to be utilized ~ for the existing automobile service station and public garage, in ~ addition to the continued sales of gasoline and proposed retail ~ (grocery) store uses, all as shown on the August 4, 1988 Site j ~_~lan. · Z.B.A. Legal Notice -4- October 21 ,1988 Hearings Appl. No. 3782 - Variance to the Zoning Ordinance, Article VIII, Section 100-80 for permission to convert existing building to retail (grocery) store, which is not listed as a permitted use in this "C-Light Industrial" Zone District, in addition to the existing sales use (of gasoline and diesel) and proposed new building for automobile servicing. 8:30 p.m. Appl. No. 3708 - DAVID WALKER/TURTLE ASSOCIATES. Variances to the Zoning Ordinance, Article III, Section 100-31, for approval of parcel as exists with insufficient lot area and width and more particularly described in Deed at Liber 8721 page 433 dated October 25, 1979, having been set-off without Planning Board approval. Location of Property: 1300 Marratooka Lane, Mattituck, NY; County Tax Map District 1000, Section 115, Block 3, Lot 18.3 (previously part of 18.2). The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted ' Z.B.A. Legal Notice -5- October 201988 Hearings prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. For more information, please call 765-1809. Dated: October 6, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski Notice to Newspapers: Please publish the above Legal Notice once, to wit, Thursday, October 20, 1988 and forward one Affidavit of Publication to: Board of Appeals, Main Road, Southold, NY 11971. Thank you. Southold Town Board of Appeals ~ TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI James Dinizio, Jr. List of Mailings Hearings for October 26, 1988 Southold Town Board of Appeals Copies to the following on or about October 14, 1988: Mr. and Mrs. Frederick Heigl P.O. Box 32, Peconic, NY 11958 Mr. William Chamberlain (Re: Heigl) Huntington Station, NY 11746 22 Bowden Drive, Horton Construction Co. Attention: Mr. Gerry L. Horton P.O. Box 1442, Mattituck, NY 11952 Mr. John G. Philippides 35 Avalon Road, Garden City, NY 11530 Mr. Charles Zahra and Mr. Ra!Knond Nine Mattituck, NY 11952 1830 Pike Street, Mr. and Mrs. Carl J. Nelson P.O. Box 373, Greenport, NY 11944 Mr. and Mrs. William L. Schroeher (Re: Nelson) 525 Greenhill Lane, Box 608, Greenport, NY 11944 J. Kevin McLaughlin, Esq. 828 Front Street, Greenport, NY 11944 as~ttorney for Marion Saccone ~a~Attorney for Joseph A. Stocken as Attorney for Turtle Associates (David Walker) William D. Moore, Esq. Box 23, Suite 3, Mattituck, NY 11952 as Attorney for Mr. and Mrs. Robert Baker Legal Notice of Hearings for October 26, 1988: Copies to the following on or about 10/14/88: Mr. and Mrs. Robert G. Baker 2900 Boisseau Avenue, Southold, NY 11971 Gary Flanner Olsen, Esq. (Re: Walker/Turtle Associates) as Attorney for Mr. and Mrs. J. Lowell Main Road, Box 706, Cutchogue, NY 11935 Mr. and Mrs. Jackson Lowell 1100 Marratooka Lane, Box 266, Mattituck, NY 11952 Mrs. Catherine Woodhull Marratooka Lane, Mattituck, NY 11952 Charles R. Cuddy, Esq. 180 Old Country Road, Box 1547, Riverhead, NY 11901 L.I. Traveler-Watchman, Inc. (Official Town Newspaper) Suffolk Times, Inc. Town Clerk Bulletin Board ZBA Office Bulletin Board ZBA Chairman and Members with copies from file ZBA Individual Files JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: September 26, 1988 Transmitted herewith is Zoning Appeal No. 3783 application of Joseph Stocken by Kevin McLaughlin for a Special Exception. Also included is Notification to Adjacent Property Owners; Short Environmental Assessment Form; C~[;.~;~:~ f~ Premises; -~ ,% _f ,_._~vll.}; and any other attachments relative to this application. Judith T. Terry '~ Southold Town Clerk RL~EiVED S: g 6 1988 /~.'Z 0 P~ Tow. Cie;k Sout~e~l TOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION Application No. Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: I (We), JOSEPH STOCKEN r.t~../~a, aY~ .. ~-~.- of 183 Smithtown Blvd {Residence, House No. and Street) Nesconset, New York (Hamlet, State, Z~p Code, Telephone Num6~r) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE vzII , SECTION lOO , SUBSECTION 80 for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): to expand the use of the present property by the addition of a new building of approximately~500 sq. ft. to be utilized for the existing automobile service station. A special exception for a public garage was granted by the Southold Town Zoning Board of Appeals by decision dated March 14, 1960 in Appeal No. 257 and extended by decision dated May 17, 1961, in Appeal No. 357. A. Statement of Ownership and Interest. Contract Vendee Joseph Stocken is(are) the ~m~ of property known and referred to as 74200 Main Road, Greenport, (House No., Street, Hamlet) New York identified on the Suffolk County Tax Maps as Dist'rict 1000, Section 045 , Block 06 , Lot(s) 05 , which is not ~x on a subdivision Map (Filed -- --, "Map of "Filed Map 'No. , and has been approved by the Southol"d Town Planning Board on as a [Minor] [Major] Subdivision). is under contract of sale dated April 19, 1988. The above-described property B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: The premises is presently used as an automobile repair shop pursuant to the special exceptions set forth above. The construction of the new building will merely continue said use. Surrounding property is generally light industrial and business in nature. C. The property which is the subject of this application is zoned c [ x] is cQnsi~J;ent with the use(s) described in the Certificate of Occupancy being furnished herewith. [ ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): [ ] is vacant land. ~ ~/fA/')~ COUNTY OF SUFFOLK) , ~worn ~o b~ore me ~his 2~s~ay of S~p~emb~~ , 1988 . (Notaffy ~ublic) - ' ZB2 (rev. 2/6/86) ~21618. Su~o,~ooun~ ~ ~ ~ptem~r ~, 1988 and TOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: I (We), JOSEPH STOCKgN- ~.m,,.~,~t ~,~ ,,Z..~~-- of Nesconset, New York Application No. 37~ Date Fi]ed: 183 Smithtown Blvd (Residence, House No. and Street) (Hamlet, State, Zip Code, Telephone Number) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE viii , SECTION 100 , SUBSECTION 8o for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): to expand the use of the present property by the addition of a new building of approximately~.500 sq. ft. to be utilized for the existing automobile service station. A special exception for a public garage was granted by the Southold Town Zoning Board of Appeals by decision dated March 14, 1960 in Appeal No. 257 and extended by decision dated May 17, 1961, in Appeal No. 357. A. Statement of Ownership and Interest. Contract Vendee Joseph Stocken is(are) the ~J~x~ of property known and referred to as 74200 Main Road, Greenport, " (House No., Sfreet, Hamlet) New York identified on the Suffolk County Tax Maps as District 1000, section 045 , Block 06 , Lot(s) 05 , which is not ~l-z~x on a subdivision Map (Filed --, "Map of "Filed Map"No. , and has been approved by the Southol~ Town Planning Board on as a [Minor] [Major] Subdivision). is under contract of sale dated April 19, 1988. The above-described property w~xaaq~xadxb~x~ax~aa~xa~ B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: The premises is presently used as an automobile repair shop pursuant to the special exceptions set forth above. The construction of the new building will merely continue said use. Surrounding property is generally light industrial and business in nature. C. The property which is the subject of this application is zoned c [ ×] ~$ consi~en~ with the use(s) described in the Certificate of Occupancy being furnished herewith. [ ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): [ ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORKi ss.: Sworn to be$ore me this (NotaFy q~ubl ic) ZB2 (rev. 2/6/86) NOtify Public, Stats ot New Vodr. No. 4821818, Suffolk County 'limit Expim~ September 30, 1988 and BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter OT the Petition of JOSEPH STOCKEN to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (~d~F~(SPecial Exception).~ [circle choice] ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 7,4200 Main Road, Greenport, New York, SCTM 1000-045-06-05 3. That the property which is the subject of such Petition is located in the following zoning district: C Light Industrial 4. That by such Petition, the undersigned will request the following relief: Special exception to expand the present use of the property by the construction of a 1,500 sq. ft. building to be used as an automoble repair shop. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article VIII Section 100-80 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma}' then and there examine the same during regular office hours. (516) 765-1809. 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; tl~at you or your representative have the right to appear and be heard at such hearing. ' Dated: September~ , 1958 . ( O~ners ' Name s: ~o~eph Stocken ~ ~st Office Address ~828 Front Street, PO Box 803 Greenpor% New York 11944 Tel. No. (516) 477-1016 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS 125-127 Main St. Corp. 24100 Front Street Greenport, NY 11944 Robert Brown Greenport, NY 11944 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) Laurie E. Graeb , residing at 4780 Ole Jule Lane, Mattituck I NY , being duly sworn, deposes and says that on the 22nd day of September ,19 88 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of $outhold; that said Notices were mailed at the United States Post Of- fice at Mattituck, New York ; that said Notices were mailed to each of said persons by (certified) (:g:e~is~'lg:l~ mail. day o~ ~eD~-z~]~(~ / ~ J. ~(EVTD! Pqe~ '~.IN ~'~a~urie E. G~e6 (This side does not have to be completed on form transmitted to adjoining property owners.) P 709 928 425 RECEIPT FOR CERTIFIED MAIL (See Reverse) Sent lo Robert Brown Strut and NO. Front Street P O, State and ZIP Code Greenport, NY 11944 Postage S . 2 5 Certified Fee . 8 5 Special Delivery Fee Restricted Dehvery Fe Return Receii~ ; tROetWuhr: ~ ;cr ~p~O~V e r~ ~n Date, and A~S~ Postmark o¢ Date~ .90 2.00 P 709 928 426 RECEIPT FOR CERTIFIED MAIL (See Reverse) S~n~-127 Main St. COrp, Street and No. 24100 Front Street P.O, State and ZIP Code Greenport, NY 11944 Postage $ .25 ,$5 ,o,A~r~ s 2.00 ! Postmark O~ a t e~<--/ FORM NO, 3 TO~/N OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date ...~.&~./~.~t~... .. ~o.~.. C~. ~ ........... .~~.~...~ .... ~/ PLEASE TAKE NOTICE that your a~plication dated ...~ ..... 19 .~ .~. for pemit to ~.~.~.~.4. ~'. ~...~ .......... a~ Location of Property ..~.~9..~~ ......... ~ ~.. ~ ...... ~ouse ~o. Street County Tax Map No. 1000 Section ..... ~ ~ ~' .. Block ...~ ....... Eot ...~.$~. ..... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds..(~).~ .'~1~.../..fi~.). :-..~..o... ~.r-.~.'~. .*~. ;g-.?~...-~-~:':-...~.~.~;_0...~..-~ ~: ??-~.~-;,~. ~..~.~. ~.. ~ ~.~. ~.. ~. ~..~~ ........ ~ .... ~.~.~.~ .... ~ ....................... Builaxng Inspector RV 1/80 PROJECT I.D. NUMSER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only SEQR PART I~PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME Joseph Stocken '3. PROJECT LOCATION: 74200 Main Road Municipality Greenport County Suffolk 4. PRECISE LOCATION (Street address and road intersections, promfnent landmarks, etc., or provide map) 74200 Main Road, Greenport, New York SCTM 1000-045-06-05 S. IS PROPOSED ACTION: [] New [] Expansion [] Modification/alteration 6. DESCRISE PROJECT BRIEFLY: Construction of a 1,500 sq. ft. building to house the existing automobile repair shop. 7. AMOUNT OF LAND AFFECTED: Initially 58,279 sc[. ft.~x Ultimately 58,279 sq.ft. 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [~Yes [~No If No, descrlbebriefly Need special exception and site plan approval 9. WHAT ~S PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial t,~] Commercial [] Agriculture [] Park/ForesUOpen space [] Other Describe: Mixed commercial and industrial uses. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNO~NG, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? []Yes [] No If yes, list agency(s) and permit/approvals Site plan approval from Planning Board and building permits from Building Department 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [~ No If ye~, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? N/A [] Yes [] No I CERTIFY THAT THE INFORMATION PROVIDED ASOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Da e. OVER I (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FOPS{ INSTRUCTIONS: (a) In order ~o answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered NO it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? Yes X NO 2. Will there be a major change to any unique or ~nusual land form on the site? Yes X No 3. Will project alter or have a large effect on an existing body of water? Yes X No 4. Will project have a potentially large, impact on groundwater quality? Yes X NO 5. Will project significantly effect drainage flow on adjacent sites? Yes X No 6. Will project affect any threatened or endangered plant or animal species? Yes X No 7. Will project result in a major adverse effect on air quality? Yes X No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes XNo 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologi=ai importance or any site designated as a critical X envircamental area by a local agency? Yes No 10. Will project have a major effect on existing or future recreational opportunities? Yes XNo 11. Will project result in major traffic problems or cause a major effect to existing transportation · systems? .___Yes X No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes XNo 13. Will project have any impact on public health or safety? Yes XNo 14. Will project affect the existing co~aunity by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes XNo period or have a major negative effect on the ~ charact~ of the community or neighborhood? 15. Is there public ~t~v~rning . . Preparer's ,[ ! Representin · seph c~~-~ QUESTiO:.~NAIRE TO BE COMPJ "~ · SUB?fITTED YOUR APiLICAP1OJ ["O[UIS ~.,J '1'. . BOARD OF APPEALS Please campier, e, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any ¢tue~ti~ns below, please be sure to depict ?hese areas on your survey (or certified sketch), to scale, aud submit O~.her supporting documenta- tion. - 1. Are there any proposal:, to change or alter land contours? XK~O~ No 2.a)Are there any areas which Contain wetland grasses? (Attached is a list of the Wetland grasses defined by Town Code, Ch. 97 for your reference.) b)Are there any areas open to a waterway without bulkhead? ~ No ~ No 3. Are there existing structures at or below ground level, su~ h as patios, foundations, etc? Ar there any existing or proposed fences, cuncrete bar !ers, dec!-, etc? Yes ~ If project1'~ p~..posed for an accessory building or struc'ure, is to~ ]. height at more than 18 feet above aw~.age g~ound-~¥%'71? State .t?tal: ' ' ft. N/A If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: .... ft. ~ NO 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. ~ No Are ti.ere any building permits pending on this parcel {or abutting ].and under your ownership, if any)? Sta'~e Perm[t# and Nature: · ~ No Do state whether or not applications are.. pending concerning these premises before any other, department or agency (State, Town,' County, Village, etc.): Planning Board Town Board Town Trustees Couuty Health Department Village of Greenpor~ N.Y.S.D.E.C. OLher Site Plan Approval Yes ~xx ~ No ~k No Y~k No Y~ No Y~k No ~k NO Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from co. ntract) Yes ~ Is new construction proposed in the area of contours at 5 feet o~ less as exists? Yes 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have veu mnde app%ication to the Town Trustees for an · nspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? N/A Y~xx~ 13. Please list present use or operations conducted upon the subject property at this time Eas station and auto repair and pro~osed same~ plus Erocery store' l;leas~~- submit photographs ~or the rec~ ',. i. certify/~/~at the/~ve statements a:. true and are being submitted for reli~l/~I ~~f Appeals in considering my application. :ST I00 '~5. O0 \" . .00 35. 000 CONSULT 1'OMi LAWTIR IIroII III, NIN THIS INSTIUIdlNT . THIS INSTIUIdlIFl' SNOULD Il UIID BT LAWYIll ONLY THIS INDENTURE, made the 29th day of October , nineteen hundred and E .shty. Fou BETWEEN ' ,CLAUDIO GIOVANNELL! and CAROL GIOVANNELLT, both residing at 3 Middleton Road, Greenport, New York 11944 party of the first part, and M & N AUTO( INC., a New York Corporation, with its principal ~lace of business at (no#) West Front Street Greenport, New York 11944 ' party of Se sKond part, WITNF.~SETtl, that the ~rly of the first ~rl, in consideration of ten dnllars an · paid b the art of thc d other vahmble ¢onatderal Y P Y . ~cond art, d~s hereb ' ' or successes and ass,g,t, of the~arty of the se~a~r:~do::~e unto the party of the sec~d part, ~e b~rs ALL that certain plot, pike or parcel of land, with the buildings and improvemenls thereon eRcted, sit~te, lyin~ and hlng in the in the Town of Sou(hold, County or Suffolk and StaLe of New York, bounded and described aa follo~at BEGINNING st s concrete monument set on the southerly line of Haln Road (State Route 2~) at the northwesterly corner of land of Robert R. Brown end the northeasterly corner of land no~ or formerly of 3ohneon; · RUNNING THENCE along the ,southerly l~ne o,f'aald Haln Road North 77° 54' 40" East 200 feet; ..- THENCE along other land of Roi)erE R Brown two courses aB follows( ' 1) South 1° 20' ~0" Neet, ~OO Feet; thence 2) South 77' 54' 40" Neet 200 feel to the said THENCE along Bald land of 3ohnson North 1° 20~ to the pole( or place of BEGINNING, BE.lNG,AND INTENDED to be'the Hame premises aa conveyed to the parties of [he float par[ by deed deled ~/17/8~ end recorded in the Office of Lhe Suffolk County Clerk on ~/21/8~ In Liber 9~]0 at Page ~10. land of 3ohnson; ~0" East 200 feet TOGETHER with all riRht. t lie and inlfresI i( any, o( Ih,. Imrty of the first peri in and to any streets and roads ahutling the alx)ve descr bed premises to the center lines Ihereu(; TOGETH ER with th ami all th(. estate and rlght~ of the Mrtv of the g--, ~--, :- - , . . .... e a~urlenances lnc party ol the second part forever ' ~ - r successors eno assigns Ol AND Ihs part.v, o1' the fie'si part covenants that the party of the first part has not (lone or suffered anything whereby the said premises have been encumbered in any way whatever, exrepI as aforesaid. ' AN[) Ihs party of'the first part, in compliance will, Section 13 o( Ihs Lie,, L~w, covenaols lhat )he part)~ o( the firsl part will receive the consideration for this conveyance a,d will hold the right lo receive such consid- erali~n as a trust fund Io be applied first for Ihs purpose of payinK the cos! of Ihs imprnvemenl ami will apply the same first to the paymetfl o[t~e cost of the improvement be[ore usin~ any part n( Ihs Iolal of the ~ame J'or any (,lher purpose. ' The word "party" shall be construed as if ii read ' ' ' peri es whe )ever the sense of Ibis indentpre $o requires. IN WITNF..SS WHEREOF, the party of the first peri has duly executed this deed !he day and ?ear first above wrJllcn. · IN PR£SENCF. OF: Claudio Gtovannelli fTATI, OP NIW YOKE, COU# F Suffolk ss.. · t)n the 29eh day o! October 19 I~rson~lly c~me C~aud~o Ciovannel~ and Carol lo nw kn.wn h) be Ihe individual 8 ,lescril~d in and who ~'xecuted the foregoing in~lrnmem, a~d acknowledged I}l~l :lie? executed the ~me. STATE OP NIW YORK· COUNTY OP SS: ()n Ihe (lay of 19 , before nle IiL'rsunally came In me knuwn, who, being hy n e duly sworn, did depose and sas.' I ,at he resides at No. Ihal In. is tile ; of ,tile, corporatlon describe* in and which execmed the foreffoi.g mstrument; that he k,ows the seal of .~id corl~rati(,n; that the seal affixed to said instrnmenl is such corporate seal; that. it was so affixed bv order of the board o! dlrector:(of sa,d corpora- lion, ami' that he signed h name thereto by like order. STATI OF YOLK, COUNTY OII !! On the day of 19 , before m personally came to me know,, to be the individual described in and-wh executed Ibc foTegning instrument, and acknowledged aha executed the same. STATE OF NeW TOIK. COONW OF SS Omi the day of 19 , before m personally Came the subscribing witness to the foregoing instrument, wit whom ! am personally acquainled, ss, m, being by me dui sworn, did depose and say that he resides at No. that he'knows to be the individ~ described in and who executed the foregoing instrument that he, said subscrlbmg witness, was present and sa: execute the same; and that he, said withes_- at the same time subscribed h name as witness thereto ~llil (:(JVINANF ~GAIN51' (;RAN'FUR'S AcIs SE~ION ~ .... BLOCK ':LAUDTO GtOVA~ELLZ and CgROL gZOV~ELLZ ~o~ COUNTY OK 'TOWN TO I & N AUTO., Ii'lC D~stributed b~ CHI~GO TI~sB Rea)rded at Xeq#e~ d (:IIICAGO TITLE INSUB. ANCE COMPANY Keturn bT Mail to HEblRY S. SAXTEIN, E$~. 7/4'? EAST MATN ~TREET P. O. BOX 904 RIVEPdJEAD, NEW YORK 11901 Zip N~ SUFFOLK COUNTY OF Property Tax Service Agency ?_L~_^~ Covnly Center JDqSTR~T_I~O. JOOO R~ve head L New Yo k /PROPERTY MAP OWNER TOWN OF SOUTHOLD ~OPERT¥ 'RECORD CARD STREET VILLAGE W DISTRICT t SUB. ^CRE~GE /, ~/. TYPE OF BUILDING LOT 'RES. LAND AGE~ Farm Tillable Tillable 2 Tillable 3 Woodland Swampland Brushland.~. House Plot Total SEAS. IMP. TOTAL FAR~ DATE BUILDING CONDITION NOP, MAL BELOW Value Per Acre COMM. 4/$ ~ J IND. CB. J MISC. J ABOV?/ M..Bldg. /~ ~.~./ Extension Extension Extension 13reezewa Garage O.B. ,~undation asement Ext. Walls Fire Place Patio Driveway Porch Porch Bath Floors Interior Finish Heart Attic Rooms 1st Floor Rooms 2nd Floor lapp Southold Town Board o eals MAIN ROAD-STATE ROAD 25 SOUTHOLD. L.I.. N.Y. 119'71 TELEPHONE (518) 785-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3400 Application Dated 5eptember 10, ]985 (Pub]ic Hearing TO: Mr. and Mrs. James Tyler Mr. Henry Raynor, as agent for the Applicants 12/12/85) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on January 9, ]986, 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 VII , Section ]00-70(B)[4] [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for Application of JAMES AND MARY TYLER, 625 Marratooka Road, Mattituck, NY for a Special Exception to the Zonlng Ordinance, Article VII, Section 100-70(B)[4] for permission to establish and build public garage at premises known as 6795 Main Road, Laurel, NY; Mattituck Holding Co. Minor Subdivision Lot #3; County Tax Map District 1000, Section 125, Block l, Lot 19.6. WHEREAS, a public hearing was held and concluded on December 12, 1985, concerning the Matter of the Application of JAMES AND MARY TYLER under Application No. 3400; and WHEREAS, the board has considered all testimony and documentation entered into the record concerning this application, and it is noted that no public opposition has been received; and WHEREAS, the board members have personally viewed and are familiar with the premises in question as well as its surrounding area, and WHEREAS, the board made the following findings of fact: 1. The property in question is situated along the north side of the Main Road (State Route 25), Laurel; is known and referred to as Lot #3, Mattituck Holding Co. Minor Subdivision #274, is located in the ".B-l" General Business Zoning District, and is identified on the Suffolk County Tax Maps as District 1000, Section 125, Block l, Lot ]9.6. 2. The premises is presently unimproved and consists of an area of 52,530 sq. ft. with 133' frontage (lot width) along the Main Road. 3. By this application, appellants request a Special Exception pursuant to the requirements of Article VII, Section 100-70(B)[4] to construct and operate a public garage for repair of motor vehicles. 4. Submitted for consideration is a site plan as amended September 10, 1985, prepared by Roderick VanTuyl, P.C. showing a proposed 75' by 48' garage structure set back: (a) 185' from the front property line, (b) a minimum of 25 feet from the westerly side property line, (c) 35' from the east side property line, (d) approximately 130 feet from the rear property line. DATED: January 16, 1986. Form ZB4 (rev. 12/81) CIIAIR~N, SOUTHOLD TOWN ZONING BOARD OF APPEALS EXHIBIT P~e 2 - Appeal No. 3~00 Matter of JAMES AND MARY TYLER Decision Rendered January 9, 1986 5. For the record it is noted that site plan review has of this date not been finalized with the Planning Board in accordance with the requirements of Article XIII, although the Planning Board has recommended its approval. 6. It is further noted for the record that a Waiver under the provisions of Local Law #14-1985 (Article XVI, Section 100-]60) was granted by the Southold Town Board at a Regular Meeting held November 7, 1985, deeming this proposed use to be consistent with the uses in the "B-I" District as proposed under the pending Master Plan Update Zoning Code revisions. In considering this application, the board has: (a) considered items la] through [1] of the zoning code; (b) determined the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (c) determined tile safety, health, welfare, comfort, convenience, and order of the town will not be adversely affected by the proposed use and its location; (d) determined that the use is in harmony with and will promote the general purposes and intent of zoning since this is a use permitted by legislative action and will meet the requirements of the zoning regulations, subject to site plan approval by the Planning Board. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, to GRANT a Special Exception for permission to establish a public garage for repair of motor vehicles as applied in the Matter of the Application of JAMES AND MARY TYLER under Appeal No. 3400, AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. No major repair work to be done out in tile open~ 2. No automobiles, automobile parts, dismantled or damaged vehicles,' and similar articles, shall be stored out in the'open. All vehicles to be serviced must be stored in the rearyard area or within the building, and the rearyard area to be used for such temporary storage must be properly screened with a six-foot stockade fenced; 3. The parking areas shall be as designated by the Planning Board and shall be laid out as to avoid the necessity of any vehicle backing out onto tile street and shall be located not less than l0 feet from any property line. 4. No sales of gasoline, fuel, or flammable oils are permitted, 5. No motor vehicle sales are permitted; 6. Vehicle lifts or pits, dismantled vehicles, other than such minor servicing such as changing tires, shall be conducted within the building; h(~b Vehicl~ entrance/exit doors shall be located at the rear of t uilding. 8. In the event it is found that the subject premises are being used in a manner other than that permitted by this approval or the zoning ordinance, or are in violation of these conditions or the zoning ordinance, the Board of Appeals may automatically terminate the relief granted hereunder; 9. This matter be referred to the Suffolk County Planning Page 3 - Appeal No. 3400 Matter of JAMES AND MARY TYLER Decision Rendered January 9, 1986 Commission pursuant to Sections 1323, et seq. of the Suffolk County Charter; 10. Site plan approval (including parking) by the Southold Town Planning Board, and any and all applicable rules and regulations and agency approvals pertaining to this project. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Douglass. (Members Sawicki and Grigonis were absent.) This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN ,lanuary 17, 1986 ./ GARRETT A. STRANG architect Main Road P.O. Box 1412 Southold N,Y. 11971 516- 765 - 5455