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HomeMy WebLinkAbout2674South Side Rte. 25~ ~attituck 3~20~a0- ~ D2appr6vai o~ ~h~u~ a~rea and' width of parcel to be ~atablished iN m proposed ~ubd~vislo~'; and for permission to reinstate preexlst~ g nonconforming sideyard setback, and for approval of access. ~ TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS AppealNo. 26~4 ApplicationDated February 27, 1980' ACTION OF THE ZONING BOARD OF APPEAL~ OF THE TOWN OF SOUTHOLD To Gary Fl anner 0]sen, £sq., as attorney for Roy C. Schoenhaar DATE .2.~..~. ~..~..1 .... Appellant at a meeting of the Zoning Board of Appeals on was considered and the action indicated below was taken on your ~{ X) Request for variance due to lack of access to property N.Y. ( ) Request/or a special exception under the Zoning Ordinance (X)~ Request for a variance to the Zoning Ordinance A r t. I I I, ( ) January 22, 1981, Town Law, Sec. Sec. 100-31 the appeal 280-a ~ranted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph' .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because Public Hearing: 3/20/80; 12/80.Application of Roy C. Schoenhaar, by Gary Flanner Olsen, Esq., Main Road, Mattituck, New York for Variances to the Zoning Ordinance: (1) for approval of insufficient area and width of parcels to be established in a proposed subdivision, Article III, Section 100-31, and (2) for permission to reinstate preexisting nonconforming sideyard setback, (3) for approval of access, New York Town Law Section 280-A. Location of property: South side of Route 25, Mattituck, NY; bounded north by Route 25; west by Matt Agency, Jarzombeck, Roth; south by Mellender; east by Pumillo, Hallock, Steinhart, Jackson, Bilianosl County Tax Map Item No. 1000-143-2-33.2. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because (SEE REVERSE SIDE) practical difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (SEE REVERSE SIDE) (would not) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building ·Inspector ( ) be confirmed (,) be reversed. FORM ZB4 ZOMNG BOARD OF APPEALS Upon investigation and personal inspection, the Board finds as follows. Appellant has appealed to this Board seeking a variance for approval of:{a} two parcels in the B-1 Business District with insufficient area of 27,000 and 26,500 square feet, and 10g feet and 88 feet in road frontage, respectively, and {b} two parcels in the A-Residential and Agricultural District with insuf- ficient area of 35,500 and 23,500 square feet, inclusive of the proposed right-of-way running 105 feet approximately, along the north end nf the proposed parcel, and {c) approval of a 20-foot proposed right-of-way extending from the Main Road to the interior residential parcel. Existing on proposed parcel No. 1 is an existing one-story dwelling which would be left with a five-foot easterly sideyard setback if this variance were granted. It is the consensus of this Board that the granting of this variance as applied for will cause an overcrowding of land. The Board finds that the relief requested is substantial in relation to the Code requirements; that if the variance is granted substantial detriment to adjoining properties will be created inasmuch as the area is presently.congested; that a substantial change will be produced in the character of the neighborhood; and that the interests of justice will not be served by the granting of the relief requested herein. On motion by Mr. Douglass,seconded by Mr. Sawicki, it was RESOLVED, that Roy C. Schoenhaar be denied approval of insufficient area, width and approval of access as applied for. Location of property: South Side of Route 25, Mattituck, NY; bounded north by Route 25; west by Matt Agency, Jarzombeck, Roth; south by Mellender; east by Pumillo, Hallock, Steinhart, Jackson, Bilianos; County Tax Map Item No. 1000-143-2-33.2. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass and Sawicki. Member'Goehringer abstained. APPROVED -Chairman Board of Ai~eals RECEIVED AND FILXD BY '1'~-SOU'iHOLD TOWN CLERK Town Clerk, Tovrn of Southold LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended'Code of the Town of Southold, that the following matters will be held for public heraings by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Monday, December 29, 1980: 7:35 p.m. Application of Peter V. Izzo, 919 Harlane Circle, N. Bellmore, NY 11710 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area and width of two proposed parcels located at the west side of Pine Tree Road, Cutchogue, NY; more particularly known as Lots 34 and 35A, Map of Nassau Farms, Map No. 1179; County Tax Map Item No. 1000-104-2-9 and 10. 7:50 p.m. Application of Nicholas D. Yuelss, 6159 Broadway, Bronx, NY 10471 for a Variance to~theZoning Ordinance, Art. III, Sec. 100-32 for permission to construct accessory building in the frontyard area at 56005 C.R. 28, Greenport, NY; bounded north by L.I. Sound; west by Candan; south by C.R. 27 (North Road); east by Atwan; County Tax Map Item No. 1000- 44-1-19. 8:05 p.m. Application of Wilbur A. Baldwin, 1725 Nassau Point Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct attached garage with an insufficient sideyard setback at 1725 Nassau Point Road, Cutchogue, NY; more particularly known as Nassau Point Club' Properties Lot No. 1; County Tax Map Item No. 1000- 104-13-2.4. Page 2 Legal Notice of Hearings December 29, 1980 Meeting - Board of Appeals 8:15 p.m. Application of James P. Latham, 580 Plum Island Lane, Orient, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct new dwelling with insufficient sideyards at 1490 Village Lane, Orient, NY; bounded north and west by G. Latham; south by McNeill; east by Village Lane; County Tax Map Item No. 1000-24-2-14. 8:30 p.m. Application of Marianne Weil, Skunk Lane, Cutchogue, NY (by Rudolph H. Bruer, Esq.) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30(C)(1)(c) and Art. XIV, Sec. lO0-141(B) for permission to establish home occupation in a residential area exceeding 30% of the area of one floor of the main building, and a Variance for Approval of Access, N.Y. Town Law, Sec. 280-A. Location of property: 'Right-of-way off the west side of Youngs Avenue, Orient, NY; bounded noPth by private right-of-way; west by Kroepel; south by Reybine; east by High; County Tax Map Item No. ~1000-18-1-10. OTHER MATTERS SCHEDULED FOR 12/29/80, RECESSED FROM PREVIOUS MEETINGS: 8:45 p.m. 9:10 p.m. Application of Roy C. Schoenhaar, for approval of insufficient area and width of four proposed parcels and for approval of access. ApPlication of North Fork Motel, Inc. for permission to change existing motel use to condominium or privately-owned-units type use. DATED: December 4, 1980. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN Instructions to newspapers: Please publish once, to wit, December 11, 1980 and forward affidavits of publication to: Board of Appeals, Town Hall, Main Road, Southold, NY 11971. ~ .':: ' L~L'NOTICE ~ · ,.OF ~RINGS'~ '. NOTICE~ IS HEREBY GIVEN, pursu~"t~ 'Section 267 afrO. Town. t~m and the Provisions of~: the Amended Code of the' Town of- Southold, . that the ~bllowi~g matters will be held f~ public hearings by the South01d ~Town. Board of Appeals a[ the Town Hall, Main Road, Southold, NY on . M0nday,.Decemb~r ~9i 1980.,~ 7:35 P:m: App'.lif. ation of Peter V~:~i, .919' Hariane 'Circle', l~ Ygleflmore, NY 11710 for a V~':to the Zoning Ordin~lrtl m;'sec. 10o- 31 of- --u c ent area andf~ of two pro~ posed P~f.~i,,~ed at the v~est ,id~;~i ~'~. ~ree Road, Cutch0~ "more partic- ularly kngwn ~s. Lots 34 and 35A, May of Nassau Farms, Map iq~.~'~ii79;~'~°Unty Tax Man~Pl 0.I~. ~ i'.N°'J ~1000'104'2'9 7:50 p.m. Application of .NicholS.. ,D; Y. uelys, 6159 Broad~. BtO~x, NY 10471 · for ~ V~c~ iO .~e Zoning ' 32 for p~is~,ion to construct acce so s.in the font- yard are~,l~$ C.R. 28, Greenport~: ~1~.; bounded north by L.I. Sound;west by Can. dan; S°uth b~ C.R. 27 (North Road); east by Atwan; County Tax Map Item No. 1000-44- 1-19. 8:05 'p.m.' Application of Wilbur A. Baldwin, 1725 Nas- sau Point Road, Cutcholme, bounded north by private right-of:way; west by Kroepel; South by Reybine; east by High; County Tax Map hem ~__o. 1000-18.1.10. ' ';,~.:,T, HER MATTERS SCHE- i~ULED i~OR 12/29/80, ~"' ESSED - FROM PREVIOUS MEETINGS: ~ 8:45 p;m. Ai~olicati0n of Roy ,/.~C. Schoeuhaar~ tot a~proval fir v~insufficient area and Width ]~roposed [~arcels and fo~ '-9:10 p~m. Application of North ,Fork Motel, Inc. for. permission to change existing motel use to condominium or · privately-owned.units, type DATED: December 4, 1980. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONI5, Chairman IT, 12/11/80 (4.) COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in, Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ............. /. .......................... weeks successively, commencing on the .... ./..( ............................ da , 19~ .............. . Sworn to before me this ......... / ..................... day of ........... , Notary Pu'blic CLEMENT J, THOMPSON NOTARY PUBLIC, State of New York ~o. 52-9321725 by .McNei_ll; east by Village · ·-Lane; C~r V Tax Map Item ~-' LEGAL NoTicE --~."- ~ No. 1000-k. ?14.... - i OFHEARINIG.q ' ?; 8:30 p.m. Application '- .............. '~:::~/Marianne Well, Skunk Lane~ NOTICE IS HEREBY . GIVEN, pursuant to Section -~ t;utcnogue, ~¥ tny ~uao~pn ..~;. H. Bruer, Esq.) for a Variance 267 of the Town Law and the ~.i.i': t° the Zoning Ordinance, Art. Provisions of the Amended ~'.-~ III, sec. 101P30(C)(1)(c) and Code of the Town of Southold, that the following matters will :~ii!]'. Art.~ XIV, Sec. 100-141(B) for be held for public ,hearings by ~'! !~' permission to establish home the Southold Town Board of ~y? .occuPation in a residential Appeals at the Town Hall,':: area exceeding 30% of the /~ area of one floor of the main Main Road, Southold, NY on ~:!'C~ building, and a Variance for Monday, December 29, 1980: ; . C~.Approval of Access, :N.Y. 7:35 p.m. Application of .i?~i~Town Law, Sec. 280-A. Loca- Peter V. Izzo, 919 Harlane Circle, N. Bellmore, NY 11710 :~: tion of property:Right-of-way off the west side of Youngs for a Variance to the Zoning %:%. Avenue, Orient, NY; bounded Ordinance, Art. III, Sec. 100-31 for approval of insufficient ~ north byprivateright-of-way; area and width of two propos- west by Kroepel; south by · '/:~ Reybine; east by High; Conn- ed parcels located at the west side or, Pine Tree Road, Cut- " tyTax Map Item No. 1000-18-1- chogue, NY; more particular- 10. ly known as Lots 34 and 35A, OTHER MATTERS SCHED- Map of Nassau Farms, Map ULED FOR 12/29/80, RE- CESSED FROM PREVIOUS C ~NTY OF SUFFOLI~, 1 ~ ss: ,TE OF NEW YORK, j F.o..a~..~.u..~.~.~y.~.O..~. ................. being duly Sworn, that . ~.., is Printer and Publisher of ~he SUFFOLK EKLY TIMES, a newspaper published at Greenport, in said try; and that the notice, of which the annexed is a printed has been published in the said Suffolk Weekly/ Times in each week, far . 0.n.e ........................ weeks No. 1179; County Tax Map r~EETiNGS -. ~, ,'essively commencing on the ...1.~..t.h. .................. Item No. 1000-104-2-9 and 10 ' '~74 : ' · · ' -~.8:: 5 p.m. Apphcahon of Roy~ 7:50 p.m. Apphcahon of of Decemb.e.r. ........ 19.~.Q ' a~ n v.,4,,~' ./~. o~C Schoenhaar, for approvalmsumc~em area L) iii'. ~~ N~chol .......... , 6159 ' - ~ ....... ( ....... Br~dwa-, Bro~ ~Y 1~71 . an~, for a Variance to'the ~ ' ~ ) width of four propped ~r~ · · · ' ........... Ordinance, Art. III, Sec. 1~32 ~ (~. cels and for approval of ae~_n~on~ng -. for ~rmission to comtmct . ~ss. ~ ..... :., ..~ to ~fore me this ~ J.~. ...... Dunlin ........ ne ~:~u p.m. Appucatlonot ~orm 1Of.. ~eoe~b~ .... 1980.. ! ~;~ a~aoaC~ Cr~ ~ ~ork Motel, Inc. for per- · I ~ n~** .... ~v.~ .... ~,~ .mission.to change existing ~~.'~).....~'....~~.~ ......... ~'~' "-' ....... ~ ' :motel use to condominium ..................... north by L.I. Sound; west by . or privately-owned-units .............. Candan; south by C.R. ~ ... ~ypeuse. . .......................... (North R~d); east by Atwan; County Tax Map Item No. ~ ~ DATED: December 4, 1980. : .. - . : ....~ .;~ BYORDEROF 1~44-1-19. Application ':of ': "":~T~ SOUTHOLD TOWN 8:05 p.m. ~[L~N K DE VOE Wilbur A. Baldwin, 1725 Nas- :' BOARD OF APPEA~ NOTARY PUBliC. Sta~e ef New san Point R~d, Cut. hague, CHARLES GRIGONIS, JR., ' , .~ , No. 4707878, Suholk County ~-for a Variance to the .~.~1TDli_3580 CHAIRMAN Term Exp.es hl~rcn 30, Zo~ng Ordinance, Art. III, S~. 1~31 for ~rmission to co~ct at~ched garage with-an ins~ficient sideyard ~S..,/~.C )7. ~- ~)~/~/~ ~ ~'~ ~c/~,~/_~ setback at 1725 Nassau Point R~d, Cutehogue, ~; more particularly known as Nassau . . Point Club Pro~rties Lot No. ' ' 1; County Tax Map Item No. 1~1~13-2.4. ., 8:15 p.m. Application of James P. ~tham, ~0 Plum Island Lane, Orient, ~ for a ,.-L~ - Variance to the Zoning Ordin- ance, Art. III, Sec. 1~-31 for ~rm~sion to construct new .; .... dwelling with i~ufficient sid~ ~ - ...~_ yar~ at 14~. Village Lane, Orient, ~;. bound~ north .... and w~st by,G~ ~am; south~ ~ .... LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, that the following matters will be held for public hearings by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, December 4, 1980: 7:35 p.m. Application of David and Carmen Olenick 120 Park Avenue Brooklyn, NY 11217 for a Variance to the Zoning Ordi- nance, Art III, Sec. 100-35A for permission to construct fence in the front yard area exceeding height limitations at 185 Private Road No. 10 {a/k/a 4255 South Harbor lane), $outhold, NY; bounded north by VanDerheuvel; south by Private Road; west by South Harbor Road, east by ,Jacobs; County lax Map Item No. 1000-87-1-1. 7:45 p.m. ApplicatiOn of?Edna R. lonnese~, by $idney~Beebe as a§ent, Main Road, Box 979, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct garage with an insufficient frontyard setback at 50 Bungalow Lane (a/k/a 1945 Marratooka Road), Mattituck, NY; bounded north by Bungalow Lane; south by Carr; west by Marra- tooka Road, east by Darsaklis; County Tax Map ~Item No. 1000-123-2-1. 7:55 p.m. Application of Harold and Hattie Stetler, 25 Mindrews Avenue, Bre_n.twood,_ NY._!_l~7~l_7 for a Variance to the Flood Damage Prevention Law, Chapter 46, Sections'46-7, 46-15, 46-18 for permission to construct basement (lowest floor) below the restricted 8-foot base elevation in a special flood hazard zone at the south side of Wiggins Lane, Greenport, NY; bounded north by Wiggins Lane; south by Fordham Canal; west by Prato; east by Peconic Holding Co.; County Tax Map Item No. 1000-35-4-21. 8:10 p m. Recessed'Hearing. Fanny Behlen Community Health Page 2 ~' Hearin s (Board of Appea/~ ) Legal Notice g Meeting to be Held December 4, 1980 Center application for a Special Exception to erect an ambulatory care clinic on residentially-zoned property at the south side of North Road, Greenport, NY; County Tax Map Item No. 1000-40-3-3.1. 8:30 p m Recessed Hearing - Application of Fanny Behlen Community Health Center, P.O. Box 659, Greenport, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30 and 100-31 for permission to erect an ambulatory care Clinic on property zoned A-Residential & Agricultural and with insufficient distance from street line and insufficient distance from the east side line. Location of property: SoUth side of North Road (C.R. 27), Greenport, NY; bounded north by North Ro.ad; west by Fenno; south by Fransisco; east~by Nedoszytko; County ~,Tax Map Item No. 1000-40-3-3.1. 8:40 p.m. Recessing Hearin9 - Application of Roy C. Schoenhaar, ~ by Gary Flanner Olsen, Esq.' Main Road, MattitUck, NY for Variances to the Zoning Ordinance: (1) for approval of insufficient area and width of parcels to be established in a proposed subdivision, Article 'III, Section 100-31, and (2) for permission to reinstate preexisting nonconforming sideyard setback, (3) for approval.of access,-New York Town Law Section 280-A. Location of property: South side of Route 25, Mattituck; bounded north by ROute 25; west by Matt Agency, Jarzombeck, Roth; south by Mellender;~east by Pumillo, Hallock, Steinhart, Jackson, Bilianos; County Tax Map Item No. 1000-143-2-33.2. Dated: No~ember 20, 1980. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN Instructions to newspapers: Please publish during the week of November 24, 1980 and forward five affidavits of publication. to Linda Kowalski, Secretary, Board of Appeals, SOuthold, NY 11971. _. m i lmm LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section ~ 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, that the following matters will be held for public hearings by the Southold 'Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, December 4, 19~0: 7:35 p.m. APplication of David and Carmen Olenick, 120 Park Avenue, Brooklyn, NY 11217 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-35A for Permission to construct fence in the front yard area exceeding height limitations at 1~5 Private Road No. t0 (a/k/a 4255 South bHoarbor Lane), Southold, NY; unded north by VanDer- heuvel; south by Private Road; west by South Harbor Road, east by Jacobs; County Tax Map Item No. 1000-87-1-1. 7:45 p.m.' Application of Edna R. Tonnes~en, by Sidney Beebe as agent, Main Road, vBOX 979, Cutchogue, NY for a ariance to the Zoning Ordi- nance, Art. III, Sec. 100-31 for Permission to construct garage with an insufficient frontyard setback at 50 Bunga- low Lane (a/k/a 1945 Matra- tooka Road), Mattituck, NY; bounded north by Bungalow 'r gal Notices Lane; south by Cart; we%t by Marratooka Road, east by Darsaklis; County Tax Map -Item No. lJ)0~1~2-~-£ Community HeaIth Center, P.O..Box 65~ATzm~port, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30 and 100-31 for Permission 'to erect an ambulatory care clin- ( in on property zoned A-Res- idential & Agricultural and with insufficient distance from street line and insufficient distance from the east side line. Location of property: South side of North Road - (C.R. 27), Greenport, NY; bounded north by North Road; ' SUFFOLK, ~ ss: ,~'EW YORK, ~ Gustavson being duly Sworn, ke..., is Printer and Publisher of the SUFFOLK ~ES, a newspaper published ~rt Greenport, in said hat the notice, of which the mmexed is ~ printed en published in the said Suffolk Weekly Times west by Fenno; south by Fran- sisco; east by Ned~zytko; County Tax Map Item No. OhO weeks 1000-40-3-3.1. weekr ~or ............................ · .- · ~ vommenc~ng on me .... -~.'~r~ ................ - Apphcahon of Roy C. Schoen- .- ,._ haar, by .Gary Flnnn~.r .O.?~,n: ~ vember ,~ 80 Esq., Mmn Road~ Ma~t~mc~ ........... ~ ,.. ~''''_/ NY for Variances to the zon- '/)fi~-- ~E-.!~..~ce:' (1) for ap- ......... /-)/.=r r- ...../,'~- ..................... '--~shed in a orooosed subdivi- ~ u0 " TI~ ' - 19 ~'. · i ~-'~r~c~ l~L~~- .................. reinstate re~ for approval of access, New_ · ....................................... 'York Town l~a~n 21~-A ~ .... -L-~'~'~ ' -~"~.r 9.~. _ r t ~: South west by Matt Agency, Jar- No. 4707878, Su~folk County ~'~'~~1- ~erm [xp*res Marc~ 30, ~-:~ ~unty Tax Map ~ Dated: November 20~' 1~0. gY ORDER OF THE SOUTHO~ ~OWN BOARD OF APPEALS CHARLES GRIGONIS, JR., ' C~IRMAN '3~-1TN26 NOTICE ;. IS HEREBY GIVEN, l~suaxtt _to Section. "-2~T'~f-the ToW~'' LaW and the ' ~visions of tJ~-'Amended Code of the Town of Southold, that the following matters will be held for public hearings by the Soutbold Town Board ~f Appeals at the Town Hall, Main Road, Southoid, NY on Thursday, December 4, 1980: 7:35 p.m. Application of David and Carmen Olenick, 120 Park Avenue, Brooklyn, NY 11217 for a Variance to the Sec. 100-35A for permission to construct f~nce in the front yard area exceeding height limitations at 185 Private Road No. 10 (a/k/a 4255 South Harbor Lane), Southold, NY; bounded north by VanDer- heuvel; south by Private Road; west by South Harbor. Road; east by Jacobs; County Tax Map Item No. 1000-87-1-1. 7:45 p.m. Application of Edna R. Tonnesen, hy Sidney Beebo as 'agent, Main Road, Box 979, Cutchogue, NY for a Variance to the Zoning Ordin- ance, Art. HI, Sec. 100-31 for permission to construct garage with an insufficient frontyard setback at 50 Bungalow Lane (a/k/a 1945 Marratooka Road), Mattituck, NY; ~bound- ed north by Bungalow 'Lane; south by Cat*r; west by tooka Road, east by saklis; County Tax Map Item No. 100~-123-2-1. _ 8'~' p~m. Recessint Hear- ins - Application of Roy C. -'~n~, 'by Gary Flanner ' · ~"~l~e-'~'Esq., Main Road, Mat- Zoning Ordinance: (1) for apl~0-~--al-'Sf- insufficient area an--an--~Width of parcels-to be ~ established i~ a proposed subdivision, Articl_e.~lI, Sec- tion 100-31, per- m'~slS~-'t0 ~eins~at e - tsr~exi~-~- m~_.~g_, n.q~con~rmmg sKleya_rd__ _ setback~ (3) for approv~ of access, New York Town 'Law --S-ect__io=n 280-A. Location o.f L__property: ,South side of Rome 25, Mattituck; bounded ~orth ~by Rome 25; west by Matt Agency, Jarzombeck, Roth; ._sarah by Mellender: east by . Pumillo, Hallock, Steinhart, -J~k-~n, Bilianos; County Tax __~Iap Item No'-lb00-143-2- 33.2. oatem November 20, t980 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., Chairman 1T, 11/27/80 (5) COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCH:MAN, a public newspaper printed at Southold, in, Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ............ / ......................... weeks successively, commencing on the da~, .................... 19....~.... Sworn to before me this ~'~ day of ............ , Natal/Publ ic Town Hall, 53095 Main Road P.O. Box I 179 Southold, New York 11971 TELEPHONE (516) 765-! 938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 2, 1988 Garrett Strang P.O. Box 1412 Southold, New York 11971 RE: Proposed site plan for Schoenhaar S/s S.R. 25; 133'E/o Marlene Lane, Mattituck, New York SCTM# 1000-143-3-2,32,33.2 Dear Mr. Strang: The latest proposed site plan from June 14, 1988, was reviewed by the Planning Board in conjunction with your clients request. The Board declined to submit site specific comments until the Zoning Board of Appeals has been given the opportunity to determine to what extent parking may be extended into the "A" Residential Zone. It should be noted that on the proposed site plan for the former Coach Stoppe restaurant, which is under Mr. Schoenhaar's ownership also, the property lines on that proposed and this proposed site plan do not match up. In other words, area for parking spaces for the Coach Stoppe (now know as the Half Shell Republic) is shown on the proposed plan as being part of the driveway area for Shoenhaar's retail complex. The parking area for the Coach Stoppe (Half Shell Republic) may have to be included in t, he Planning Board's review at some point. CC: BENNETT ORLOWSKI , JR. CHAIRMAN Victor Lessard, Executive Administrator Gerard Goehringer, Chairman, Zoning Board of Appeals~ James A. Schondebare, Town Attorney I TOWN CLERK Building .Dept. Planning Bd. Board of Appeals 765-3783 765-2660 TOWN OF SOUTHOLD TJ~q~k~ k ~ # ~(~ I~l~l~x x Main Fload Southold, N. Y. 11~71 B65-1809 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the .... )DO$1t.r.d.O.f../~p Pe.a! s .............. of the town of...SOU~AQ1 d .................. (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ................ New andrecodifiedzoningordinance Appeal No. 2674 Amendment to the zoning ordinance Roy C. S C h o e n h a a r ................ by Gary Fl anner ................ Zoning changes Mai n Road Mattituck, NY ................ Special permits .[~, ......... Variances Art . 111, Sec. 100-31, Bulk Sched~mle Olsen, Esq. 11952 Location of affected land: ....$.Z,~...R.0.u.1;.e..ZS.,...li~t;.l~tJ;.ucJc ...... 10.OO.,.1A3,.Z,.t3..2 ...................... within 500 feet of: (check one or more) ................ Town or village boundary line, or shore line ..X...X. .......... State or county road, parkway or expressway $ o R ° 2 5 ................ State or county park or recreation area ................ Stream or drainage channel owned by the county or for which the county has established channel lines. ................ State or county owned parcel on which a public building is situated Commen~: Public hearings were held 3/20/80, 12/4/80 and 12/29/80. On 1/22/81 ZBA denied approval, of insufficient area, width and access as applie--~-'tr6'F. Copies of file enclosed herewith. Date: ..... .2..L .6./...8..! .............................. Date received by Suffolk County Planning Commission File No ................................. (signed) .... .L...i..n...d..a.....F..;....K..0.W.~l. ~.k i.,... ~$.~ C r.~ .~ r.y. ........ Title · Southold Town Board of~ppeals -15- December29, 1980 MR. GARDNER: Thank you. MR. CHAIRMAN: Is there anyone that has anything they want to say for this? Anyone to speak against it? (There was no response.) MEMBER DOUGLASS: and reserve decision. I'll make a motion that you close the case MEMBER GOEHRINGER: Seconded. MR. CHAIRMAN: It's been regularly moved and seconded to close the hearing and reserve decision until a little later. On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, to close the hearing and reserve decision in the matter of Marianne Weil in Appeal No. 2770. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goeh- ringer and Sawicki. Absent was: Mr. Doyen. / ~ RECESSED HEARING: Appeal No. 2674. Application of Roy C. Schoenhaar, by Gary Flanner Olsen, Esq., Main Road, Mattituck, NY for Variances to the Zoning Ordinance: (a) for approval of insuffi- cient area and width of parcels to be established in a proposed subdivision, Art. III, Sec. 100-31 and (b) for permission to reinstate preexisting nonconforming sideyard setback, (c) for approval of access, New York Town Law Section 280-A. Location of property: South side of Route 25, Mattituck; bounded north by Route 25; west by Matt Agency, Jarzombeck, Roth; south by Mellender; east by Pumillo, Hallock, Steinhart, Jackson, Bilianos; County Tax Map Item No. 1000-143-2-33.2. The Chairman reconvened the hearing at 8:50 p.m. Mr. Olsen agreed to dispense with the reading of the legal notice, and relevant documents. MR. CHAIRMAN: This is a~recessed hearing on an application down in Mattituck. Mr. Olsen, do you have something you want to add to what we already have on it? GARY FLANNER OLSEN, ESQ.: Gary Olsen, attorney for the appli- cant, Roy Schoenhaar. This is a continuation of a hearing which we had some time ago, and I believe there are at leaSt one new Board member. So maybe I'll repeat myself a little bit; but I think perhaps it might be important. This application may appear to be complicated and perhaps a little difficult on its face, but actually I don't think it really is. There are basically three or four things that we're looking for. This is a two-stage applica- ~i~tion. One we have to go before the Zoning Board for our variances, and then we would also go before the Southold Town Planning Board. . Southold Town Board ppeals -16- Decem~ 29, lg80 (Mr. Olsen continued): And I have an application pending before that Board, in the event that we're successful here. The first thing that we're looking for-- first of all, it's a four-lot minor subdivision. The property in question contains 2.587 acres, half approximately of which is zoned B-1 and the other half which would be the southerly half, which is zoned residential-agricultural use. We're seeking to get two parcels in the B-1 zoned area. Parcel No. 1 would have 26,500 square feet, which is only 3,500 square feet less than what the zoning ordinance requires in the first place. So as far as the area variance for Parcel No. 1 is concerned, it's a minor change from the required area. We're only 3,500 square feet short. Parcel No.2is also in the B-1 zoned area, and that would have 27,000, which is only 3,000 square feet less than the required square footage. Parcels 3 and 4 are located in the residentially zoned area. They are both interior parcels. There is no access to those two pieces except through a' proposed right-of-way off of the State Road to these two pieces. So we're not only looking for area variances, but also for an access variance. Parcel No. 3 would have the square footage of 23,500 square feet; and Parcel No. 4 would have 35,500 square feet, which~ almost complies with the 40,000 square feet of the ordinance. Now, to get the access to the two residentially zoned parcels, we need an access variance under Section 280-A of the Town Law and you will see that the survey of Van Tuyl, which is submitted with the application, shows an access of a 20-foot strip of right-of-way to get from the Main State Road to the interior parcels. I don't know of any occa- sion that the Zoning Board has denied the access variance. It's not only a practical difficulty but it's also obviously a real hard- ship if that application would not be granted, because otherwise there would be no way that anybody could get to the interior parcels.- Quite frankly it's intended to use the two business-zoned pieces for what would be permitted under the B-Zone, which is the light business, basically retail. Mr. Schoenhaar does have a purchaser for one of the two business parcels; and the whole process of that sale is contingent upon your approval. If you did not approve this division and this variance, there would certainly not only be a practical difficulty but also a real financial hardship to Mr Schoenhaar. · I might point out that under the BzLight Business use, only 20,000 square feet per parcel is required; and both Parcels 1 and 2 way exceed that. The other thing that we're looking for due to the shape of the business-zoned property is a width variance. Parcel No. 1 would have 88,000 square feet and -- I'm sorry, 88 feet frontage on109 the feet. Main State Road, and Parcel No. 2 would have frontage of I have taken 'the time to make a photocopy of the zoning map and · Southold Town Board o~Appeals -17- Decemb9 29, 1980 (Mr. Olsen continued): also the tax map, to show that all of the other B-1 zoned parcels on the Main Road in the vicinity of this piece basically are smaller and the frontage on the Main State Road is a lot less than would be created on these two parcels. I think the average frontage on the B-1 parcel on the Main State Road is approximately 70 feet; and I'll submit this to you for your perusal. (Mr. Olsen submitted a photo- copy of a small section of the Zoning Map showing the area from Factory Avenue to Village Lane along the Main State Road.) I respectfully submit that the granting of not only the area but the width variances for the two business B-1 zoned parcels would be in keeping with the general size and shape of the other parcels within the community; and would not have any adverse effect-- I can't see any-purpose in posing and not granting the variance-in posing the present zoning regulations doesn't serve any purpose and as a matter of fact if it wasn't posed it would require Mr. Schoenhaar to have a business zoned piece which would be way in excess of the requirements of the Town, and way in excess of the size and shape and the width of other parcels on the Mai.n State Road in thelMatti- tuck area. There is presently on Parcel 1 a house, and we would like to keep the house in its present location, and the proposed easterly sideyard would be five feet, so we're also asking for a sideyard variance for the house--the required sid'eyard under the zoning ordi- nance is 25, and then again I don't see any reason why the sideyard variance should not be granted since the house is there presently, and it doesn't serve any purpose to require the house to be moved in my opinion. I'd also like to bring to your attention that the Zoning Board on July 24, 1980 received a letter from the Suffolk County Department of Health Services indicating that the water, the underground water supply appears to be good and of good quality, and also the sewage disposal conditions appear to be very satisfactory in that area. You also received-a letter from the Suffolk County Department of Planning dated July 25, 1980, and the comment is that the two lots in the B-1 District should be developed with common parking and vehicular access as set forth by the N.Y.S. Department of Trans- portation's letter, so there does not appear to be any dissatisfaction on the part of the Suffolk County Department of Planning to this application. The Department of Transportation letter of May 13, 1980 also indicated that the vision in that area is very satisfactory. As a matter of fact, in the second paragraph, the last sentence it states that "...at this point the sight distance is excellent in both direc- tions and vehicle conflicts would be minimal .... " Southold Town Board of Qppeals -18- Decemb 9, 1980 (Mr. Olsen continued): I'd also like to point out that this is just Step 1. I know that the Town Board is presently in the process of re-zoning the small strip in front of this property on the Main State Road to the widening of the road, and any decision you make will have to be contingent on that being completed--that the proformer thing should not be an obstacle to this-proceeding; and also we are before the Planning Board once this Board makes a determination, and of course before any structure in parking and so on is completed, particularly in the B-1 area, we would need site plan approval by the Planning Board. I respectfully submit that there will be no offense to the zoning regulations which will occur .by the granting of our variances. We cannot provide any additional space on this, particularly in the B-1 area due to its shape and topography. And I'd also like to point out that the variances would not alter the use of the property. That the use would remain the same. I'd be willing to answer any questions that you might ha.ve. MR. CHAIRMAN: Is there anyone else that-wants to speak for this? (There was no response.) MR. OLSEN: Also, obviously before any structure is built on any of the parcels we would have to comply with the Health Department requirements as far as sewage disposal and water supply. Because I know at the last hearing there was some concern by the residents of the community as to water supply and quality in the water. The Suffolk County Health letter seems to indicate that's not a problem, but I don't think that's a concern of this Board. That's a Health Department problem. MR. CHAIRMAN: We have a copy of it in the file. MEMBER GOEHRINGER: that you came up with- Is' there any parking schedul-e or anything MR. CHAIRMAN: There's this one here. MEMBER GOEHRINGER: No, that's fOr the Coach Stoppe. MEMBER GOEHRINGER: For the proposed two lots, or the size of- MR. OLSEN: That's why I mentioned, before any structure is put on the business zone parcels, we would have to get site plan approval by the Planning Board. I think that's a Planning Board consideration rather than a Zoning Board matter. MR. CHAIRMAN: Thank you, Gary. against this? Your name please? Is there anyone to speak Southold Town Board peals -19- Dec( 29, 1980 PAUL ROTH: My name is Path Roth, and I represent the Marlene Lane Civic Association plus some of the affected taxpayers that live on Bay Avenue. I think most of the points we had against the grant- ing of a variance was said at a meeting we had back in March, I think it was. Maybe I'll just reiterate a few of the more important ones. As far as the variance that Mr. Schoenhaar is seeking for the business lots that front Route 25, I think the parking and traf- fic situation there is already very serious due to the restaurant being on the south side of Route 25 and the shopping center on the north Side. And even though Mr. Olsen mentioned the line of sight and the D.O.T. thinks it's adequate, I think these other factors certainly are very important and they should be considered because I think they would significantly adversely impact on the general traffic situation down there' now. Also again, as far as the development to that area, apparently Mr'. Schoenhaar if I understand it right plans on bringing in one, and possibly two businesses in there. I think that again two shop- ping centers in Mattituck, one being entirely vacant and one being partially occupied, I think those buildings should be more fully utilized, before new structures are erected-on vacant land now And as far as the two lots in the back go, the ones that are currently zoned residential and agricultural use,I'm afraid that the right-of-way there, one, might pose somewhat of a hazard fire- ~ wise--it is kind of narrow. I wonder whether fire vehicles would have trouble entering and leaving the rear lots. They would be set back quite far from the road and may pose somewhat of a problem. In addition, a lot of the taxpayers in the area that abut that property are worried that any children that might live there someday-- instead of taking a long walk down the right-of-way to the Main Road might just cross through their property and trespass, which is too strong a word, but may become an annoyance. I know only a few people tonight could make it--the hour was late and the time of the year wasn't exactly right for the meeting tonight. I'd just like to remind you, last time was quite a turnout from the people in the area who opposed this, and a'petition was submitted to the zoning committee and the feeling is quite strong against the granting of these variances. Thank you. MR. CHAIRMAN: Thank you. Anyone else? GARY OLSEN, ESQ.: I might just say a few things-- MR.CHAIRMAN: Yes. MR. OLSEN: In answer to what he said. As far as the access is concerned to the interior parcels, I'd like to point out that we ~ obviously recognize that the Zoning Board has certain minimum standards on improvement of the right-of-way, and under your granting the Section 280-A access Variance, we would have to meet those improvement requirements--as far as the scraping off of the topsoil, bank run, and , Southold Town Board of~ppeals -21- DecemberS29, 1980 (Mr. Olsen continued): what I'm saying? MEMBER DOUGLASS: Yes. Is there any time recently that you have seen cars from the Coach Stoppe parked on that? MR. OLSEN: No. It's not used for parking. It's overgrown, and by the way there was some confusion at the first hearing on the parking issue with the Coach Stoppe. And I have submitted at your request a parking Plan for the Coach Stoppe, which quit. e frankly I didn't feel I should provide because the Coach Stoppe and the property in question are not contiguous. They are separated by approximately 25 feet, owned by somebody else. It's an unrelated issue, and shouldn't be tangled over, mixed up with this application. In any event I did provide it. MEMBER DOUGLASS: parking area. Yeah, but what you provided wasn't legitimate MR. OLSEN: Well, I provided what we had. ... MEMBER DOUGLASS: But not in area per parking place, right? MR. OLSEN: But the Coach Stoppe piece has nothing to do with this piece. This piece was purchased at a separate time; it's not contiguous to the Coach Stoppe property; there is an intervening landowner. And in my opinion for the Board to get involved with the requirements for the Coach Stoppe, which is a preexisting situation with this application is really unfair and irrelevant and immaterial. MEMBER DOUGLASS: Thank you. MR. CHAIRMAN: If no one has anything else to add, or any questions, I'll offer a resolution closing the hearing and reserving decision. MEMBER SAWICKI: I'll second it. On motion by Mlro Grigonis, seconded by Mr. Sawicki, it was RESOLVED, to close the hearing and reserve decision in the matter of Roy C. Schoenhaar, Appeal No. 2674. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goeh- ringer and Sawicki. Absent was: Mr. Doyen. The Chairman called a recess for five minutes at 9:10 p.m. The Meeting was reconvened at 9:16 p.m. RESOLVED that the Town Board of the Town of Southold approves the following transfer~of funds in the Highway Budget: $220.00 from Unexpended Balance Item II~, Machinery to DM9030.8 Social Security Item III, Machinery. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 24.On motion of Councilman Murdock, seconded bY Councilman Drum, it was RESOLVED that the Town Board of the Town of Southold hire Davi~ Z h~, Cutchogue, New York as a Laborer in the Department of Public Works, on a six month probationary period at $5.65 per hour. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 25.0n motion of. Supervisor Pell, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold.award the insurance for the Town for the .~iscal Year 1981 to Utica Mutual at the s6m of $82,'493.00.' Vote of theTown Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, CounCilman Drum, Supervisor Pell. This resolution was declared duly adopted. SUPERVISOR PELL: I'd like to ad lib on that if I could a little bit. January of last year I had a gentleman come in my room by the name of Mr. Bill Mullen, retired senior citizen from Cutchogue. He said, "I'm in the insurance business all my life and'I would like to review the town's policies." I said, "Be my guest. The public has a right to review." He reviewed it and took him from January until the end of March and he gave me a nice report at the end of March with certain recommendations on. I turned it voer to Councilman George Sullivan and his committee to review and work out with the present insurance firm. By them working with Mr. Mullen, with the insurance men, the committee representing the Town Board, last year for the same coverage we paid $102,000.00. We have saved $20,000.00 through a community effort. It started with a senior citizen, retired, went to the Town Board, went to the insurance firm and the benefit are the residents of Southold Town. To all concerned, Mr. Mullen, George, Larry was on the committee and the Town Board I think we have a lot to be thankful for for the type of individuals who are willing to dedicate their time and effort without being reimbursed for the benefit of the people of the Town. I personally would like to thank all concerned and all who were involved in it. 15 COUNCILMAN MURDOCK: I would just like to add one other comment. That policy that we now have is a better policy than last year. It encompasses more coverage for the Town in the realm of public liability, than we had before. SUPERVISOR PELL- It is a better policy than we had and it took the work of many people to get it. Again, I say, thank you. 26. On motion of Supervisor Pell, seconded by Councilman Drum, it was RESOLVED that Supervisor William R. Pell, III be and he hereby is authorized and directed to execute an amended agreemen~ between the County of Suffolk and the Town of Southold for the NYSPIN operation. Vote of the Town Board- Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. SUPERVISOR PELL: I would like to ask my Councilmen if they have anything to bring up at this time? Larry? Henry? George? John? COUNCILMAN NICKLES' We just had a hearing on a change of zone and it is on the Board's motion would it be in order that we pass a resolution approving that zone change? 27. Moved by Councilman Nickles, seconded by Councilman Drum, WHEREAS the Town Board on their own motion on December 16, 1980 proposed the.?-I General Business District on two parcels on the Main Road (Route 25), Mattituck, New York~ and WHEREAS the said proposal was referred to the Southold Town Planning Board and the Suffolk County Department of Planning for official recommendation and report, and 16 ~EREAS, the Town Board, pursuant tO due notice, held a public hearing thereon on the 30th day of December, 1980, at 3' 30 P.M., at which time all interested persons were given an opportunity to be heard, NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold amehds the Code of the Town of Southold by placing on the "B-l" General Business District property on the Main Road (Route 25), Mattituck, New York, and more particularly bounded andn~%~Q~ib~d as follows: PAR~--~-~--~ ~ Beginning at a point on the easterly line of Sigsbee Road at the northwesterly corner of land of Morchel, and running thence along the extension northerly of said easterly line of Sigsbee Road, N.20°39' 10"W. 43.27 feet t'o the southerly line of existing Main Road; thenceoalong said southerly line of Main Road, three courses: (1) N. 53 .28'00"E. 78.25 feet; thence (2) N. 70°18'10',E. 155.34 feet'; thence (3) N. 53°28'00"E. 56.56 feet to the extension northerly of the westerly line of-Marlene Lane; thence along said extension, S.20°39' 10"E. 82.40 feet to land of Mattituck Bowling Lanes; thence along said land and along land of Mattituck Build- ing Corp. and along land of Morchel, S.70°18'10"W. 285.20 feet to the point of beginning. Containing 0.422 acre. PARCEL I I Beginning at a point on the easterly line of Marlene Lane at the northwesterly corner of land of Matt Agency, and running thence along the extension northerly of said easterly line of Marlene Lane, N.20°39'10"W. 81.36 feet to the southerl~ line of existing Main Roa~; thence along said southerly line, three courses: (1) N.53v28'00"E. 17.26 feet; thence (2) N.39°05'30"E. 223.94 feet; thence (3) N.49°17'30"E. 372.60 feet to land of : McCarthy; thence along the severa$ lands of McCarthy, Wilsberg, Schoenhaar, and Matt Agency, S.39 05'30"W. 648.44 feet to the point of beginning. Containing 0.676 acre. : Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, :~Councilman Nickles, Councilman Drum, Supervisor Pel~l. This resolution was declared duly adopted. SUPERVISOR PELL: Does anybody from the floor wish to bring any- thing up? (no response). We have one more thing we would like to bring up from the dais up here. Councilman Nickles-- COUNCILMAN NICKLES: Thank you, Bill. It is our last meeting of the year and it is hard to believe that only 362 days ago we had an Organization Meeting for 1980. It is really unbelievable how time flies when you're having so much fun. In fact, this Board has come a long way.- We took the Supervisor out for lunch today. Although he was afraid to eat anything. And after we got our meal I know why. I won't mention where we were at. Also 362 days ago we had a vacancy on this Board for Councilman and I ~ad the privilege at that time of nominating the gentleman on my left and I would say when I introduced him at that time, I said I knew him personally. I think that was a mistake, I really didn't know this gentleman personally like I know him now. As some of you have come to meetings you know we've had some hot times in this room especially when we first embarked on this. year's journey and think that the Board, if I may compliment the Board and Mr. Shllivan, I think that we withstood the fire pretty well and in recognition of George's contribution to the community and his help to his fellow Board members, I'd like to offer the following resolution: Moved by Councilman Nickles, seconded by all Board members, WHEREAS, George R. Sullivan, a most esteemed member of the Southold Town Board, whose term of' office as Councilman expires December 31, 1980, and WHEREAS, George R. Sullivan 'has given generously of his time and. talents in his faithful service to the Town of Southold residents as a Councilman since January'2, 1980, and ;~HEREAS, his record of fine service, diligence to duty and dedication to the Town of Southold and its people deserves the sincere gratitude of those with whom and for whom he worked, and WHEREAS, the Town of Southold will be deprived of his wise counsel and judgment as a member of the Southold Town Board, now, therefore, be it RESOLVED that the Town of Southold hereby expresses their most sincere appreciation to George R. Sullivan for his unselfish and wholehearted cooperation and untiring efforts on behalf of the Town, and extend their best wishes for the years ahead, and be it further · / / ? ® OIOC~.~E OF LON~ ISLAND I UNION FI~E SCI. K)O~ DISTIIICY ~ t, .9 2 .o &(c) L MATTITUO( ' DISTRICT MATT ITUCK PARK FOR SEE TUT-NOTE GARY FLANNER OLSEN COUNSELLOR AT lAW P. O. BOX 38 - MAIN ROAD MATTITUCK, L. I., NEW YORk 11952 (516) 298-4844 TO:. Southold Town Zoning Board of ~:ppeals i Main Road Southold, New York 11971 Re.' Schoenharr to Surer ~ile # 2762 I hereby request that this hearing be adjourned until your meeting of December 29, 1980. SIG DATE:i_~ 80 /clr SIGNED DATE: PI D ,D HENRY E. RAYNOR, Jr., Chairman FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. Southold, N.Y. 11971 March 14, 1980 TELEPHONE 765-1938 Mr. Charles Grigonis, Chairman Zoning Board of Appeals Town Hall Southold, New York 11971 Dear Mr. Grigonis: The following action was taken by the Southold Town Planning Board at a regular meeting held March 10, 1980. RESOLVED to report to the Zoning Board of Appeals on its request for an over-view of the property of Roy C. Schoenhaar that, although there does not appear to be a necessity for a highway nor drainage facilities, the areas and widths of all lots do not comply with the Code of the Town of Southold. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Muriel Tolman, Secretary Planning Board 0 -9- ~arch 10, 1980 RESOLVED. to report to the Zoning Board of Appeals on its request for an over-view of the property of Helen &Anita McNulty that it is the opinion of the Southold Town Planning BoArd th~at this property should come in for a subdivision of the 3.2 acres under current zoning standards as there is sufficient property all probability for three lots. Vote of the Board: Ayes: Raynor, Gordon, Orlowski,' Wall, Latham On motion made by Mr. Orlowski, seconded by Mr, Wall, it was RESOLVED to report to the Zoning Board of Appeals on its request for an over-view of the property of Sophie Raynor that it is the opinion of the Southold Town Planning Board that an approval of insufficient width and area of the two proposed lots on County Road 27 is inconsistent with the zoning pattern in the area and with the development plan for the Town of Southold. Vote of the Board: Ayes: Raynor, Gordon, Orlowski, Latham, Wall tion made-by Mr. Latham, seconded by Mr. Orlowski, it was RESOLVED to report to the Zoning Board of Appeals on its ~ request for an over-view of the property of Roy. C. Schoe~haar that, although there does not appear to be a necessity for a highway nor drainage facilities, the areas and widths of all lots do not comply with the Code of the Town of Southold. Vote of the Board: Ayes: Raynor, Orlowski, Gordon, Wall, Latham '/~02 motion made by Mr. Orlowski, seconded by Mr. Wall, it was ~;~); RESOLVED to report to the Zoning Board of Appeals on its request for an over-view of the property of Eleanor Ruch, known as lots l, 4,17,18 andl9 on filed subdivision map of "Shorecrest at Arshamomaque" that the Planning Board finds no objection. Vote of the Board: Ayes: Raynor, Gordon, Wall, Orlowski, Latham On motion made by Mr. 0rlowski, seconded by Mr. Wall, it was RESOLVED to report to the Zoning Board of Appeals on its request for an over-view of the property of Joseoh Clifford Cornell. known as lots 6, 7, 8 and 9 on filed subdivision'm~p of "Shorecrest' at Arshamomaque" that the Planning Board finds no objection. Vote of the Board: Ayes: Raynor, Gordon, Wall, Orlowski, Latham -_GA~::Y FlaNNER Oi_seN' COUNSELLOR AT LAW P. O. BOX 247 - MAIN ROAD -MATTITUCK, LONG ISLAND, NEWYORK 11952 -PHONE 516 298-484z1- ~e = ~ch~n~ ~a~a~ce tie a ~763 Dear Ilin lease be advteed that I repreaeat Roy C. Schubert ~ aa A~l~a~ea ~~ fore t~ Southold Zoning B~ ~ Ap~a~. I a~ar~ for a hear~g before ~ ~ M~ch 20, 1980. The meeting w~ adjo~ed with~t decis~n wt~ the ~ing to ~ c~ttnue~ at a la,er ~te. I received a letter ~om C~rl~ Gri~on~ ~r., ~n of the Zoning Beard, dat~ July {9, 19~. ~dicat~g t~t the B~ has ~ matter ~nding Town Board act~n on t~ rez~in{ of ='Old ~ain Head".  bef~e the ~tn{ ~ as we~ a~ ~ort to help app~cati~ n~g B~r~, ~ would ap~ec~ y~ e~lder~g t~ ~~ty of ~rmit~ ~ cont~ue wit~ t~ ~em~ ~ ~r. Scanner's ~p~iea~, at t~$ ti~, with any ~rmt~s to ~ c~t~gent u~n ~e Town Boa~ comple~ t~ resting pr~ess. Beet reynards. OFO/clr Robert ~'aeke r South~d Town Attorney 4~5 ~,~ain Street Gree~,.~ort, New York 11944 Very truly yours, Hey C. Sch~enharr Southold Town BoardO Appeals -6-~' Octobe~l, 1980 Item No. 1000-35-6-38. After investigation and~personal inspection, the Board finds as follows: Appellant has appealed to this Board seeking a variance for permission to construct new dwelling with insufficient sideyards, 12.23 feet at the west side and 12.97 feet at the east side, for a total of 25.20 feet. The premises in question contains approximately 11,250 square feet in area, and existing thereon at the southeast corner is a small concrete block pit. Upon researching, it has been found that this parcel is known as Lot No. 1 of Cleaves Point, Section I Subdivision, and has been in single and separate ownership prior to acre zoning (1971). The Board finds and determines that the relief requested in relation to the Code requirements is not substantial; that if the variance is granted no substantial detriment to adjoining properties will be created; that the interests of justice will be served by the granting of the relief requested; that no ad- verse effect is produced on available governmental facilities of any increased population; and that no substantial change will be produced in the character of the neighborhood. On motion by Mr. Douglass, seconded by Mr. Goehringer, IT IS RESOLVED, that Yasar Gucer by granted a variance to the zoning ordinance, Art. III, Sec. 100-31 for permission to construct new dwelling with insufficient sideyards SUBJECT TO THE FOLLOWING CONDITION: That the east sideyard maintain a minimum of 15 feet and the west sideyard maintain a minimum of 10 feet. Location of property: 45 Osprey Nest Road, Greenport, New York; bounded north by Osprey Nest Road; west by Manners; south by Paulisen; east by Dawn Estates Shopping Center. County Tax Map Item No. 1000-35-6.-38. Vote of the Board: Goehringer and Sawicki. Ayes: Messrs. Grigonis, Douglass, Absent was: Mr. Doyen. Mat.ter of'~Roy C. tSchoenhaar, Appeal No. 2674. The secretary advised the Board members that Mr. Olsen, attorney for Mr. Schoenhaar, had requested that this matter be 'scheduled for the next regular meeting and that if a decision has 'to be made before the Town Board rendered a decision concerning the zoning, \it could always be made "subject to" such Town Board decision. )~ motion was not made to schedule this matter to re-open the ng at th!~_~ time. Southold Town BoardO Appeals -5- Octobet~w~l, 1980 Special Meeting Appeal No. 2760 -Application of Richard Anderson, by Gary Flanner Olsen, Esq. for approval of access to a parcel located at Wunneweta Pond, Nassau Point, Cutchogue, NY. Appeal No. 2761- Application of James R. Wheeler, by William H. Price, Jr., Esq. for approval of insufficient area, width and depth of parcels located at Kenney's Road, Southold. Vote of.the Board: Goehringer and Sawicki. Ayes: Messrs. Grigonis, Douglass, Absent was: Mr. Doyen. Matter of Eccles Pridgen, Appeal No. 2746. On motion by Mr. Douglass, seconded by Mr. Grigonis, WHEREAS, on September ll, 1980 applicant filed-a.variance for approval of insufficient width of a parcel to be established at the south side of Peconic Bay Boulevard, Laurel, New York; and WHEREAS, on October 10, 1980, this Board referred the subject appeal to the Southold Town Planning Board for its input concerning the proposed project which would also involve their board; and WHEREAS, on October 16, 1980 the Southold Town Planning Board recommended that "...the property be divided into three lots (rather than two) with lot lines running east and west with a right-of-way over same (rather than running north and south)...l';~and WHEREAS, on October 27, 1980 this Board has received a formal request that this appeal be withdrawn; NOW, THEREFORE, BE IT RESOLVED, that this matter be with- drawn as requested by appellant herein. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goehringer and Sawicki. Absent was: Mr. Doyen. ~ RESERVED DECISION: . Appeal No 2747. ApPlication of Yasar Gucer, by Charles S. DeVoe, ~630 Orchard Street, Orient k.~New York 11957 for a Variance to the Zoning Ordinance, Article /III, Section 1~0-31 for permission to construct dwelling with ? insufficient sideyards at 45 Osprey Nest Road, Greenport, NY; bounded north by Osprey Nest Road; west by Manners; south by /~l~f~/"Paulisen; east by Dawn Estates Shopping Center County Tax Map Southold Town Board of Appeals SOUTHOLD, L. I., N'. Y. 119'71 TELEPHONE (518) 785-1809 APPEALS BOARD MEMBERS ROBERT W. GiLLtS~;E, j~., CHA;~viA~' CHARLESGRIGONiS, JR. r Chairman SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS Gerard P. Goehringer To: Southold Town Board Re: Re-Zoning of the "Old Main Road" in MattituCk Date: July 29, 1980 Gentlemen: It is our understanding that the Town Board is or in the near future will be considering the re-zoning of the "Old Main Road" in Mattituck by way of merging the highway section into each individual parcel adjoining thereto and zoning it same. Currently before the Board of Appeals is an appli- cation of Roy C. Schoenhaar, Appeal No. 2674, requesting approval of insufficient area and width of four proposed parcels and of which involves property fronting along the "Old Main Road." The Board has recessed this matter pending Town Board action on the above. We respectfully request that you keep us advised regarding same. CG:lk cc: Building Department Singerely yours, CHARLES GRIGONIS, JR. CHAIRMAN Board of Appeals Town of Southold C COUNTY OF SUFFOLK DEPARTMEIqT Of PLANNING (516) 360-5206 LE'£ E. KOPPELMAN DIRECTOR OF PLANNING July 25, 1980 Petitioner: Roy C. Schoenhaar .J Mun. File No.: 2674 S.C.P.D. File No.: SD-80-4 Gentlemen: Pursuant to the requirements of Sections 1323 to.1332 of the Suffolk County Charter, the above captioned application which has been referred to the Suffolk County Planning Commission is considered to be a matter for local determination. The decision of local determination should not be construed as either an approval or disapproval. Comments: The two (2) lots in the Business "B-I" District should be developed with common parking and vehicular access as'setforth by the N.Y.S.D'.O.T. Very truly yours, Lee E. Koppelman Director of Planning by. CHiEI: PLANNER VETERANS MEMORIAL HIGHWAY · RAUPPAUGEo L. I., NEW YORK · OCOUNTYOF SUFFOLK DEPARTMENT OF HEALTH SERVICES DAVID HARRIS, M.D., M.P.H. COMMISSIONER July 24, 1980 Mr. Charles Grigonis, Jr., Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 Re: Appeal No. 2674 - Roy C. Schoenharr Dear Mr. Grigonis: I am in receipt of your letter dated July 10, 1980. Information on the groundwater supply was provided by a home built in 1975 directly to the West (Parcel 31) of the above referenced property. The well for this house was 58 feet deep with a total of 40 feet of water. The quality was good at that time. In addition, soil conditions should be suitable for subsurface sewage dis- posal; however, please note that residential lot sizes of less than 40,000 square feet are not recommended in areas using private wells and sewage dis- posal systems. Very truly yours, Royal R. Reynolds, P.E. Public Health Engineer General Engineering Services RRR:cah COUNTY CENTER · RIVERHEAE), NEW YORK 11901 (516) 727-4700 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 BOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1'809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS GERARD P. GOEHRINGER July 10, 1980 Suffolk County Health Department County Center · Riverhead, NY 11901 Re: Appeal No. 2674 - Roy C. Schoenharr Dear Sirs: This Department has received an application for a variance requesting approval of insufficient area and width regarding property to be divided into four lots, two residential and two business (B-l) located at the south side of Main Road, Matti- tuck, adjacent to the "Coach Stoppe" property west. It has been brought to the Board's attention that the water supply in the area is inadequate and of poor quality. The Board requests your comments and/or recommendations on the proposed project(s) at your earliest convenience. Enclosed are copies of all documentation in the file. Please call if we can be of assistance in providing additional information. Sincerely yours, ~Charles Grigonis, Jr. Chairman By: L.F. Kowalski Secretary Enclosures ~e~ard I,. ~oehringer 21, 1980 P~. ~erald G. Newman, Chie£ Planner Su££olk County PlannAng Coaunission Veterans Memorial HAqhwaM Hauppa~qe, NY 11787 Re~ &ppeal No. 2674 - Roy C. Schoenhaar Dear Hr. Ne~uan, Bn~looedherewAthare copies o£ the n~tnutea o£ the public hearing h eld H arch 20, 1980, whi~hwere inadver- 2end~ynot ir~luded in,he set o£ photocopies ~orwa~ded to you ~uly 10, 1980. Thank you £or Four aaolotance regarding this matter. Sincerely yours, CHA~X~8 GRXGONZB, ~/R. C~XZ~V, AN By LindaKowalski Secretary TOWN CLERK 765-3783 Building Dept. Planning Bd. 765-2660 Board of Appeals 765-1809 TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the B~d Of ]lkp~!l&lS of the town of (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) Re~ &ppe&! No. 2674 ................ New and recodified zoning ordinance Roy C. $ohoenhaar ................ Amendment to the zoning ordinance ~15 ~J~Okoff Brooklyn, NY ................ Zoning changes by (lazy Flanner OIsen~ ................ Special permits ~ ,~t.~ Mattttu~k, NY 11952 ........ XX..Variances AL~,. VII# BeC. 100-71; ~. III, SeC. 100-31 Location of affected land:...~./..1~.....~...~...~...O..~...~. A....4~..d. ~..O....~...~.....C..O...&...C~......~....t~).. ~..~......~...~.~ .~...~1~'....~,...'~....~..1~..~e within 500 feet of: (check one or more) ~t~,~,J,t'J, ckt N~V 1000-143-3-33.2 ................ Town or village boundary line, or shore line ........ ...3~..... State or county road, parkway or expressway ~[Ottt~l 25 ................ State or county park or recreation area ................ Stream or drainage channel owned by the county or for which the county has established channel lines. ................ State or county owned parcel on which a public building is situated Comments: Appl:i. oant :La reqlmetla~ T;)~Z'm, tSStO~ ~0 ~ate fo~ lot. o~t of t~, ~~y r~esttng approval of ~suff~ol~t ~ea of t~ · he B~d ros~c~ully r~uests cowry Pl~n~g*a c~~s ~d/o= ~~ndat~ono ~fore ~ action ~o t~, p~ou~t to Section 1332, (signed) ........... Title Date received by Suffolk County Planning Commission ................................ .................................................... File No ................................. COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5206 LEE E. KOPPELMAN DIRECTOR OF PLANNING July 17, 1980 Town.bf Southold B~ard of Appeals Re: Mun. File No.: Roy C. Schoenhaar 2674 Gentlemen: piea~e be advised that pursuant to Sections 1323 to 1332 of the Suffolk CounLy Charter, the above captioned application will not be reviewed because of noncompli- ance with requirements for notice and maps as stipulated in Informational Bulletin No. 8 of the Suffolk County Planning Commission. The following information will only be accepted upon submission through the offices of the municipal referring agency. Please provide a copy of the transcript of the public hearing. Thank you. Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY · HAUP?AUGE, L. I., NEW YORK GARY FLANNER OLSEN COUNSELLOR AT LAW P O. BOX 38 · MAIN ROAD · MATTITUCt~, LONG ISLAND, NEW YORK 1195;~ · ~=~HONE 516 :~98-4844 June 6, 1980 Re: Schoenhaar to Surer File # 2762 Dear Mr' Grigonis: Enclosed herewith please find a sketch of the parking facilities for the Coach Stoppe parcel. As you are aware, this parcel is not the property for which a variance is being sought. As I have indicated in the past. I feel that the re- quest of your Board for such a parking plan is irrelevant and immaterial to the variance application. However, in a spirit of cooperation, I am submitting same. ~In again referring to your letter of May 15. 1980. complete. Please advise as soon as a decision has been the "old highway" portion of the subject premis, items 2 and 3 should now be GFO/ra encl i~a~ing the zoning of GARY ~NE'R. OLSEN Southold Town Board of Appeals Town Hall Southold, New York 11971 Attn: Charles Grigonis, Jr., Chairman cc: Roy C. Schoenhaar · '~ ply HEAD HWY' $.H.8'!81 )/ 'l Southold Town Board of Appeals -c:;OUTHOLD, L. I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS · -,..,,-.,-,,, , ................. C: CHARLES GRIGONIS, JR., Chairman SERGE DOYEN, JR. TERRY TUTHI LL ROBERT J. DOUGLASS Gerard P. Goehringer May 15, 1980 Gary Flanner Olsen, Esq. Box 38, Main Road Mattituck, NY 11952 Re: Appeal No. 2674. Application of Roy C. Schoenharr Dear Mr. Olsen: With reference to your April 25, 1980 letter, the Board has considered your request and it is the consensus of the Board that this matter be held in abeyance pending receipt of the following: 1. Decision of the Southold Town Board regarding the request of the Southold Town Building Inspector pertaining to the zoning of the "old highway" portion of the subject premises; 2 Recommendations Df the New York State Depart- Transportation; ~~ S/~ o/W& ~ ment of 3. Determination as to whether there appears to be adequate parking for adjacent property also owned by the applicant herein, to wit, the "Coach Stoppe" and "Deli" premises. We will keep you informed regarding developments. Very truly yours, Chairman By: Linda Kowalski Secretary Region 10 Office: New York State Office Building Veterans Highway, Hauppauge, New York 11787 '~1~ NEW YORK STATE DEPARTMENT--OF TRANSPORTATION William C. Hennessy, Commissioner May 13, 1980 Southold Town Board of Appeals Main Road, Route 25 Southold, New York 11971 Attention: Mr. Charles Grigonis Re: Appeal No. 2674, south side Route 25 between Marlene Lane and Bay Avenue. Dear Mr. Grigonis: This is in reply to your letter of April 25, 1980 concerning.a parcel of land along the south side of Route 25 between Marlene Lane and Bay Avenue opposite the A & P Shopping Center in Mattituck, Town of Southold. It is our recommendation that access to the State Highway be granted. However, this access should be opposite the most easterly drive to the A & P Shopping Center. At this point, sight distance is excellent in both directions and vehicle conflicts will be minimal. We appreciate your interest in safety and if we can be of further help do not hesitate to contact this office. T. C. Hoffma~/ Regional Tr~g2[c Engineer Region 10 ~ TCH:FM:DK GARY FLAN N Er OLS EN COUNSELLOR AT LAW P. O. BOX 38 · MAIN ROAD · MATTITUCK, LONG ISLAND, NEW YORK 11952 · PHONE 51S ;:='98-4544 April 25, 1980 Re: Schoenharr Variance File # 2762 Dear Mr. Grigonis: In reply to the Board's letter of April 15, 1980, please be advised that the 15 foot right of way owned by the applicant is paved and is available for parking for the Coach Stoppe. The premises subject to the variance application are not paved and have never been used for Coach Stoppe parking. Accordingly, the Coach Stoppe and Deli parking are not dependent upon using the subject premises. As I have indicated to you and the other Board members, th should be considered by itself and not in conjunction wi the The two parcels are not contiguous and it is my position have raised in your Resolution of March 20, the application. Certainly said issues would not be were owned by any one other than the applicant. application pr, operty. which you immaterial to et premises I hereby request that the Board reschedule the hea~ GFO/ra ce oppe ues ~ 1980~_~e irr~evant and]imms not be ra~ed if the ~bjet F Charles Grigonis, Jr. Chairman Southold Town Board of Appeals Southold, New York 11971 cc: Roy C. Schoenharr Southold Town Board of Appeals ROAD-~TAT£ ROAO ~-5 SOUTHOI. D, I...I., N.Y. 11c~71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONI$, JRt, CHAIRMAN SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS GERARD P. GOEHRINGER April 25, 1980 Mr. T.C. Hoffman Regional Traffic Enqineer N.Y.S. Department of Transportation New York State Office Building Veterans Memorial Highway Hauppauge, New Yo~k 11787 Re: Appeal No. 2674 - Application of Roy C. Schoenharr Dear Mr. Hoffman: This Department has received an application for permission to divide a parcel of land located at the south side of Route 25, Mattituck, wherein he proposes four undersized lots, two in the A-Residential & Agricultural Zone and two in the B-1 Bdsiness Zone as shown on the attached survey. One of the matters which is of concern to the Board is traffic safety inasmuch as directly across the State road is the A & P Shopping Center, and in the immediate area several intersections. Therefore, we respectfully request your~/~ comments, suggestions or recommendations on the proposed project. If you have any questions, please do not hesitate to call. Thank you for your assistance. Sincerely yours, CHARLES GRIGONIS, JR. Linda Ko~alski - Secretary Southold Town Board of Appeals APPEALS BOARD MEMBERS ~,T.-'-.~,T ';.'. C:LL:~.":r,j~., C: :A:?:.';.;,:~ CHARLESGRIGONIS, JR. I' Chairman SERGE DOYEN, JR. TERRY TUTH ILL ROBERT J. DOUGLASS Gerard P. Goehringer SOUTHOLD, L. !., N.Y. 119'71 TELEPHONE {516) 7~-1800 April 15, 1980 Gary Flanner Olsen, Esq. Main Road, Box 38 Mattituck, New York 11952 Re- Appeal No. 2674 - Roy C. SChoenhaar South side of Main Road~ Mattituck Dear Mr. Olsen: Attached for your file is a copy of the Board of Appeal's resolution adopted March 20, 1980. As you know, this matter is being held in abeyance pending receipt of: (a) information as to whether or not the 15-foot right-of-way owned by the applicant is available for parking for the Coach Stoppe, and if not, could it be made available; (b) parking plan of the "Coach Stoppe" and delicatessen also owned by the applicant in order.to determine whether Coach Stoppe and delicatessen parking are dependent upon using the subject premises. Very truly yours, Enclosure Linda Kowalski Secretary Southold Town Board of Appeals SOUTHOLD, L. !., N.Y. 119~'1 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., Chairman SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS Gerard P. Goehringer March 28, 1980 Gary Flanner Olsen, Esq. Ma~n Road, Box 38 Mattituck, New York 11952 Re: Appeal No. 2674 Applicat~on of Roy C. Schoenhaar Dear Mr. Olsen: The Board is in receipt of your application for apprOval of insufficient width and area of a parcel to be divided located on the south side of Route 25, Mattituck. One of the matters which is of concern to the Board is the question of adequate parking facilities for the Coach Stoppe. It is our Understanding that the patrons of the Coach Stoppe use one of the parcels which is to be set off. It is also our understanding that there is a 15-foot right-of-way running between the parcel allocated to the Coach Stoppe and the parcel to the west thereof. An analysis of the required parking spaces for the Coach Stoppe has been made. Such analysis indicates that if the 15-foot right-of-way is avail- able for parking that the Coach Stoppe would then have ade- quate parking. However, if persons other than the applicant have a right over said.-right-of-way, then of course this could not be considered parking for the Coach Stoppe since the person 5avlng such right has a right to have the right-of-way unobstructed. Accordingly, before the Board proceeds further in this matter, we would like to have you submit proof to the Board of the matter of the right-of-way and the persons who have easements therein. Pending the receipt of this information, the Board will continue to hold this matter in abeyance. Very truly yours, CHARLES GRIGONIS, JR. CHAIRMAN By Linda F. Kowalski Secretary GARY FLANNER OLSEN COUNSELLOR AT LAW P. O, BOX 38 MAIN ROAD · MATTITUCK, LONG ISLAND, NEW YORK 1195~ · PHONE 516 :>98'4844 March 36, 1980 Re:Schoenharr to Suter File # 2762 Dear Mr. Grigonis: Pursuant to the request of the Zoning Board, I have ascertained that the Applicant, Roy C. Schoenharr, is the owner ,of the premises commonly referred to as the "Coach Stop" located to the east of the subject premises. As you are aware, the subject premises and the Coach Stop parcel are not contiguous since they are sep- arated by a twenty foot wide parcel owned by Joseph Pumillo. I have also been in- formed by Mr. Schoenharr that the subject premises are not and never have been used for the Coach Stop parkin~;~particularly since there is the intervening twenty foot Pumillo parcel and since the subject premises are not paved. Also pursuant to your request, I am enclosing herewith a copy of a survey prepared by Howard Young dated January 17, 1972, showing the Coach Stop parcel. Also en- closed please find a survey prepared by Roderick Van Tuyl, dated July 3, 1979, showing the twenty foot wide Pumfllo parcel. Lastly, I am enclosing a copy of Mr. Schoenharr's Deed dated August 9, 1979 for the subject premises. Please note that the intervening Pumillo parcel must remain un- obstructed in that no fences, signs, or structures of any nature whatsoever shall be built or erected thereon. It is my position that the Application submitted to the sidered by itself without any reference to the Coach Stop are not contiguous and that one has nothing to do with is anything further that you wish from me. should be con- the two pie~e~ advise if there GFO~'clr EnCSo Southold Town Zoning Board of Appeals Main Road Southold, New York 11971 Att: Mr. Grigonis - Chaii-inan cc: Roy C. Schoenharr [St. )00 -~C. ~3o~ Lock · %00o PF30 (60'7} Otandafll N.Y,~.T.U. F~ Bargain emi b Deed, with Covenant egelnet Orenj~Aem4ndivkkml et' Coq)mld(m .... $ COI~ULT YOUR LAWYER BEF~NING TH~ INSTRUMENT--THIS INSTRUMEI~i~IOULD BE U~ED BY LAWYI~ ONLY. THIS INDENTURE, made tho --~-~-'-~'~'¥-of' 'Augus t, "ineteen hundred and seventy-nj.e, 3675 350 BEfl~£N JOSEPH PUI~LLO, residing at Ma±n Road (no street number), Mattituck, New York; THOMAS PUMILLO, residing at 86 Chestnut Street, Floral Park, New York; CHRISTINA ALGERIA, residing at 69 Fresh Pond Road, Calverton, New York; CATHRYN NUNZIATO, residing at 131 Thurms Estates, Calverton, New York; and ANGELINA PUMILLO, residing at Main Road (no street number), Cutchogue, New York, party of the first part, and ROY C. SCHOENHAAR, of 315 Wyckoff Avenue, Brooklyn, New York, party of the second part, WITNESSETH, that the party of the first pert, in consideration of ............... ($10.00) ..................... - - - - - lewfui money of the United State~, and other good and valuable consideration paid by the party of the second part, doe~ hereby grant and release unto the party of the second part, the heirs, or aucce~ors and assigns for the party of the second part forever. ALL that certain plot, piece or parcel of land. with the buildings and improvements thereon erected, attuate, lying and beinginthe Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINniNG at a point on the southeasterly side of Main (State) Road at the northwest corner of the herein described premises where the same is intersected by the northeasterly side of land now or formerly of Matt Agency, said point or place of beginning being also distant 133 feet, more or less, northeasterly as measured along the southeast- erly side of Main (State) Road from the corner formed by the inter- section of the easterly side of Marlene Lane with the southeasterly side of Main (State) Road; RUNNING THENCE from said point or place of beginning along the south- easterly side of Main (State) Road, the following two (2) courses and dis tances: 1) North 39 degrees 24 minutes 00 seconds East 110.31 feet; 2) North 49 degrees 36 minutes 00 seconds East 86.75 feet to the southwesterly side of a 20 foot right-of-way; THENCE along the southwesterly and along the southerly sides of said 20 foot right-of-way, the following two (2) courses and distances: 1) South 23 degrees .1;4 minutes 30 seconds East 261.31 feet; 2) North 71 degrees 03 minutes 00 seconds East 20.06 feet to land now or formerly of Hallock; THENCE along said last mentioned land, and along the land now or for- merly of Berninger and along land now or formerly of Jackson, South 21 degrees 56 minutes 10 seconds East 269.91 feet; THENCE continuing along land now or formerly of Jackson, North 71 de- grees 22 minutes 10 seconds East 79.80 feet to land now or formerly of Biliunas; THENCE along last mentioned land, South 19 degrees 48 minutes 30 seconds East 75.0 feet to land now or formerly of Shewell; THENCE along said last mentioned land, South 71 degrees 22 minutes 10 seconds West 266.30 feet to land now or formerly of Litchhult; THENCE along last mentioned land and along land now or formerly of S. Skuro and along land now or formerly of J. Skuro and along land now or formerly of Matt Agency, North 23 degrees 44 minutes 00 seconds West 516.30 feet to the southeasterly side of Main (State) Road, at the point or place of BEGINNING. in commonLwit TOGETHER with a Right of Way/over all that ~£-~xn pAot, piece or parcel of land, situate, lying and being in the Town of Southold, County .of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point on the southeasterly side of Main (State) Road at the northeast corner of the herein described premises where the · same is intersected by the northwesterly side of land now of ]toy Schoenhaar, said point or place of beginning being also distant 351 feet, more or less, northeasterly as measured along the southeast- erly side of Main (State) Road from the corner formed by the inter- sideSeCti°nof Main°f the(state)easterlYRoad;side of Marlene Lane with the southeasterly RUNNING THENCE from said point or place of beginning alon the sou - easterly side i a g th re) Road, South degrees minutes 00 seconds West/Co a point in the land. s now or formerly of the Estate of Frank Pumillo as hereinabove described: ..... · ~,,~,w,~ ......... sarong the lan~s ~ 'hereinabove C :'~',,i,x,T xt'~ ~;e;?o. uth .23 degrees 14 minutes 30 seconds East/146.37 f~e~zey co xanos now of Joseph Pumillo; THENCE along said lands of Joseph Pumillo, North 64 degrees 21 minutes 30 seconds East 20.02 feet to lands now of Roy C. Schoenhaar; THENCE along said lands of Roy C. Schoenhaar, North 23 degrees 14 min- utes 30 seconds West 151.71 feet to the southeasterly side of Main (State) Road, at the point or place of BEGINNING. The foregoing described Right of Way shall remain unobstructed in that no fences, signs, or structures of any nature whatsoever shall be built or erected thereon, and this covenant shall bind the heirs, executors, administrators, successors or assigns of the parties of the first part. SUBJECT to any state of ~facts that an accurate survey may show. March 20, 1980 Southold Town Board Town Hall Main Road Southold, New York 11971 Gentlemen: New York State straightened Main Road Route 25 between Sigsbee Road and Bay Avenue, Mattituck, several years ago. The old section, "01d Main Road" was turned over to the Town who, in 1965. and 1974, turned ~'~his property over to. the adjoining property owners. This are~''f~'~-. not marked on the Building Zone Map. I say it should be zoned B-1 to merge with the rest of their zoned B-1 property. .- I suggest the Town Board, if possible, on their own motion make this B-1 zoned. The Town Clerk's records show the four parcels to the east of Marlene Lane as going to John and Ann Skuro, Frank and Joe Pumillo and Ernest and Harold Wilsberg in August, 1974. The parcels to the west of Marlene Lane went to Mattituck Bowling Lane, M~ttituck Building Corp. and Gunther Morchel in September, 1965. Very truly yours, GEORGE H. FISHER Sr. Building Inspector encl. G~/mw ? .,, x -~. '2:- .J March 20, 1980 Southold Town Board of Appeals Main Rd. Southold, NY 11971 Gentlemen: Please be advised that the request for a four lot subdivision of insufficient area, to be considered on the above date for Mr. R. S~hoenharr, is located adjacent to property owned by my father-in-law. (Stanley Sledjeski) Kindly file this letter with the Schoenharr folder. gPg Very truly yours, PETITION We, the undersigned taxpayers of the Town of Southold are opposed to the granting of a variance for the following relief: area, width, side yard and access variances In the Matter of the Petition of Roy C. Schoenhaar to the Board of Appeals, Town of Southold for the property described as follows: North by Main Road; East by Pumillo; and others; South by Joseph Mellender; West by Matt Agency; and others. Address / Page 2 Page Addre s s LEGAL NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and Provisions of the Amended Building Zone Ordinance of the Town of Southold, public hearings will be held by the Board of Appeals at the Town Hall, Main Road, Southold, New York on Thursday, March 20, 1980 ~n~the folio~ing: 7:30 P.M. Application of GERARD H. SCHULTHEIS, 3 Detmer Road, Setauket, New York for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct dwelling with an insufficient frontyard setback. Location of property: Holden Avenue and Dick's Point Road, Cutchogue; bounded north b~~ Hurff, northwest by Case, south by Dick's Point Road and Holden Avenue, northeast by Blohme; County Tax Map Item No. 1000~110r~2~9. 7:45 P,M. Application of HELEN & ANITA McNULTY, by John C. D~ller, Box 39, Laurel, New York, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insuffi- cient area and width of parcels to be established in a proposed subdivision. Location of property: Peconic Bay Boulevard and Laurel Lane, Laurel; bounded north by Peconic Bay; west by Thoet, Ehlers, Teter; south by Peconic Bay Boulevard; e~st.by Charles J'~ MONulty Estate. 1000-145-2- part of 001. 7:55 P.M. Application of SOPHIE RAYNOR, 17 Sound Road, Greenport, New York, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient width and area of parcels to be established in a proposed minor subdivision, and for approval of access, New York Town Law Se~tioh 280'%~.' Location ofjproperty:' 69035 l~orth Road, Greenport; bounded north and west by Tasker, south by North Road, Legal Notice of Hearings -2- March 20, 1980 Meeting east by Straussner, Sfaelos Realty, Brandi. Item No. 1000-35-1-7. County Tax Map 8:05 P.M. Application of ROY C. SCHOENHAAR, c/o Gary Flanner Olsen, Esq., Box 38, Main Road, Mattituck, New York, for Variances to the Zoning Ordinance as follows: (1) approval of insufficient width and area of parcels to be established in a proposed subdivision, Article III, Section 100-31, (2) permission to reinstate p~eexisting nonconforming sideyard setback, (3) approval of access, New York Town Law Section 280-A. Location of property: South side of Route 25, Mattituck; bounded north by Route 25; west by Matt Agency, Jarzombeck, Roth; south by Mellender; east by Pumillo, Hallock, Steinhart, Jackson, Bilianos. County Tax Map Item No. 1000-143-2-33.2. 8:20 P.M. Application of ELEANOR RUCH, by Richard J. Cron, Esq., Main Road, Cutchogue, New York for a Variance to the Zoning Ordinance, Article III, Section 100-31 for appr6val of insufficient area and width of parcels known as filed Subdivision Map of Shorecrest Lots No. 1, 4, 15, 17, 18, and 19 at Arshamo- maque, Southold, New York. County Tax Map Item Nos. !0'00~52v3~20, 22, 25, 29, 30, 31. 8:35 P,M. Application of JOHN CLIFFORD CORNELL, by Richard J. Cron, Esq., Main Road, Cutchogue, New York for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and width of parcels known as filed Sub- divi~sion Map of Shorecrest Lots No. 6, 7, 8, 9 at Arshamomaque, Southold, New York. County Tax Map Item Nos. 1000-52-3-28, 32, 33, 34. Dated: March 4, 1980. BY ORDER 'OF THE SOUTHOLD TOWN BOARD OF APPEALS Instructions to newspapers: Please publish once commencing Thursday, March 6, 1980 and forward six (6) affidavits of pub- lication before March 11, 1980 to: Board of Appeals, Town Hall, Main Road, Southold, New York 11971. (516) 765-1809. Legal Notice of ~ earings -3- ~4arc 0, 1980 Meeting Copies personally delivered to: Long Island Traveler Watchman Suffolk Weekly Times 3/4/80 3/4/80 Copies mailed to applicants or their agents: 3/4/80 Mr. Gerard H. Schultheis, 3 Detmer Road, Setauket, NY 11733 Mr. John C. Diller, a/c Helen & Anita McNulty Box 39~ Laurel, NY 11948 Mrs, Sophie Raynor, 17 Sound Road, Greenport, NY 11944 Gary Flanner Olsen, Esq., Box 38, Main Road, Mattituck, Roy C. Schoenhaar Richard J. Cron, Esq., Main Road, Cutchogue, NY 11935, a/c of Eleanor Ruch and a/c of John Clifford Cornell Copies: Posted on Town Clerk Bulletin Board 3/4/80 Given to Supervisor W. Pell 3/4/80 Mailed to Board of Appeals Members 3/4/80 LEGAL NOTICE OF HEARINGS Prusuant to Section 267 of the Town Law and Provisions of the Amended Building Zone Ordinance of the Town of Southold, public hearings will be held by the Board of Appeals at the Town Hall, Main Road, Southold, New York on Thursday, March 20, 1980 on the following: 7:30 P.M. Application of GERARD H. SCHULTHEIS, 3 100-31 for approval of insuf- ficient width and area of parcels to be established in a proposed minor subdivision, and for approval of access, New York Town Law Section 280-A. Location of property: 69035 North Road, Greenport; bounded north and west by Tasker, south by North Road, east by Straussner, Sfaelos Realty, Brandi. County Tax Map Item No. 1000-35-1-7. 8:05 P.M. Applicatign of~ - 'C - 38, Main Road, Matt , ~~s follows: (1) approval of insufficient width and area of parcels to be established in a proposed subdivision, Article III, Sec- tion 100-31, (2) permission to reinstate preexisting noncon- forming sideyard setback, (3) approval of access, New York Town Law Section 280-A. Location of property: South side of Route 25, Mattituck; bounded north by Route 25; west by Matt Agency, Jar- zombeck, Roth; south by Mci- lender; east by Pumillo, Hal- lock, Steinhart, Jackson, Bil- ianos. County Tax Map Item No. 1000-143-2-33.2. 8:20 P.M. Application of ELEANOR RUCH, by Richard J. Cron, Esq., Main Road, Cutchogue, New York for a Variance to the Zoning Ordin- ance, Article III, Section 100- 31 for approval of insufficient area and width of parcels known as filed Subdivision Map of Shorecrest Lots No. 1, 4, 15, 17, 18, and 19 at Arsharnomaque, Southold, New York. County Tax Map Item Nos. 1000-52-3-20, 22, 25, 29, 30, 31. 8:35 P.M. Application of JOHN CLIFFORD CORNELL, by Richard J. Cron, Esq., Main Road, Cutchogue, New York for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and width of parcels known as filed Sub- division Map of Shorecrest Lots No. 6, 7, 8, 9 at Arsharhomaque, Southold, New York. County Tax Map Item Nos. 1000-52-3-28, 32, 33, 34. Dated: March 4, 1980 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS IT, 3/6/80'(1-3¥) COO~TY OF SUFFOLK STATE OF NEW YORK ss; 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; ~nd that the notice of which the onnexed is a printed copy, r. os been published in said Long Island Traveler-Watch- man once each week for ............ / .......................... weeks successively, commencing on the ...~.. .................................. ............................... :: .... 'dZ'.' ...... 'il. ..... ' ......... Sworn to before me this ....... ~.. ..............day o~ CLEMENT J. THOMPSON NOTARY PUBLIC, State of New Yo~k No. 52-9321725 Redd~g in Suffolk C~nly ,,~, Comm~ Expire~ March 30, 1~" LEGAL NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and Provisions of the Amended Building Zone Ordinance of the Town of Southold, public hearings will be held by the Board of Appeals at the Town Hall, Main Road, Southold, New York on Thursday, March 20, 1980 on the following: 7:30 P.M. Application of GERARD H. SCHULTHEIS, 3 Detmer Road, Setauket, New York for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct dwelling with an insufficient frontyard setback. Location of property: -Holden Avenue and Dick's 'Point Road, Cutchogue; beunded north by Hurff, northwest by Case, south by Dick's Point Road and Holden Avenue, northeast by Blohme; County COUNTY OF SUFFOLK. ~ ss: STATE OF NEW YORK. minor subdivision, and for approval of access, New York Town Law Section 280.A. Lo- cation of property: 69035 North Road, Greenport; bounded north and west by Tasker, south by North Road, east by Straussner, Sfaelos Realty, Brandi. County Tax Map Item No. 1000-35-1-7. 8:05 P.M. A001icatJon_ of Ku¥ c. ~CHOENHAAR, c/o Tax Map Item No. loo0.110-2-9. 7:45 P.M. Application of HELEN & ANITA McNULTY, by John C. Diller, Box 39, Laurel, New York, for a Var- iance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and width of parcels to be established in a proposed sub- division. Loc~ tion of property: Peconic Bay Boulevard and Laurel Lane, Laurel; bounded north by Peconic Bay; west by - tsox ~, Main Road, Mattituck, Thoet, Ehlers, Teter; south by Peconic Bay Boulevard; east by Charles J. McNulty Estate. 1000.145-2- part of 001. 7:55 P.M. Application of SOPHIE RAYNOR, 17 Sound Road, Greenport, New York, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insuffic- ient width and area of parcels to be established in a pro.posed New York, for Variances to the Zoning Ordinance as fol- lows: (1) approval of insuffic- ient width and area of parcels to be established in a proposed subdivision, Article III, Sec- tion 100-31, (2) permission to reinstate preexisting noncon- forming sideyard setback,. (3) approval or' access, ~ew York Town Law Section 280-A. Lo- cation of property: South side of Route 25, Mattituck; bound- ed north by Route 25; west by Matt Agency, Jarzombeck, Roth; south by Mellender; east by Pumillo, Hallock, Steinhart,. Jackson, Bilianos. County Tax Map Item No. 1000-143-2-33.2. 8:20 P.M. Application of ELEANOR RUCH, by Rich- ard J. Cron, Esq., Main Road, Cutchogue, New York for a Variance to the Zoning Ordin- ance, Article III, Section 100. 31 for approval of insufficient area and width of parcels known as filed Subdivision Map of Shorecrest Lots No. 1, 4, 15, 17, 18, and 19 at Arsha- momaque, Southold, New York. County Tax Map Item Nos. 1000-52-3-20, 22, 25, 29, 30, 31. 8:35 P.M. Application of JOHN CLIFFORD COR- NELL, by Richard J. Cron, Esq., Main Road, Cutchogue, New York for a Variance to the Zoning Ordinance, Article III, Section loo-31 for approval of insufficient area and width of parcels known as filed Sub- division Map of Shorecrest Lots No. 6, 7, 8, 9 at Arsha- momaque, Southold, New York. County Tax Map Item Nos. 1000-52-3-28, 32, 33, ~]4. Dated: March 4, 1980. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TM6-3400 I~OENI NO. ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. - * NOTICE OF DISAPPROVAL ............ 8o File No ................................................................. Dat~ ........................................................ , 1~ ....... PLEASE TA~:~IO~[(~,E,~9_t yopK,cqpRUcc~tion dated .................................................... , 19 ........ ~.for pe. rmit to cpnstruct ........................................ at thej4premises located at .................................... ...................................................................... Street / Map .................................... Block ............................................ Lot ................................................ is returned herewith and disopproye&'on the follow;ng groun~f§"r.~,,2, ............................................ :r_~"-"" . .~ ......................................... ~ ........... ~ .~k&~ ........................................ : ........................ . ........ ="'"~'~ ..... ............... ~ ............. ~ .... ~...' ~ ........ · .................................................................................... l eeo-' l '1 ~ - 3 --3"~. 2,. Building Inspector ~g AI ~ F /-'~ ~"! /L'~ ~ k, B'I Southold Town Board of Appeals SOUTHOLD, L. I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLESGRIGONIS, JR.t Chairman SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS Gerard P. Goehringer TYPE II ACTION DESIGNATION NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT Pursuant to Section 617.13 of the New York State Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Town Law of the Town of Southold, Section 44-4B, the Southold Town Board of Appeals has determined that the following project is classified as a Type II Action not having a significant effect on the environment and will not require any other determination or procedure. DESCRIPTION OF PROJECT appe,~l No. 2674. Application of ROY C. SCHOENHAAR, by' Gary Flanner Olsen, ESq., Main Road, Box 38, Mattituck, NY 11952. Location of Project: South side of Route 25, Mattituck, New York. County Tax Map Item No. 1000-143-3-33.2. Permission Requested: (a) Variance approving insufficient width and area for four proposed lots; (b) Variance reinstating preexisting nonconforming sideyard setback; (c) Approval of access, New York Town Law 280-A. Documents on File: Appeal Application, Notice to Adjoining Neighbors, Affi'davit Attesting to the Mailing of said Notice, surveys and/or sketches of the proposed project, Notice of Dis- approval from the Building Inspector, Legal Notice of Hearing, Environmental Assessment in the Short Form, Section of the County Tax Map showing the subject property, &other documents as may De required. Person to Contact for More Information: Mrs. Linda Kowalski, Secretary, Board of Appeals, Southold Town Hall, Main Road, Southold, New York 11971; tel. (516) 765-1809. Dated: Feb. 28, 1980. Posted on Town Clerk Bulletin Board 3/4/80. .~N OF SOUTHOLD ' SHORT ENVIzONMENTAL ASSESSMENT FORM' 'INSTRUCTIONS: ('a) In order to answer the questions in this short EAF i~ is assumed thai the preparer will use currently available in[ormation concerning Che projec¢ and the likely impacts of the ociion. ]t iS not expected Cha¢ additional siudies, research or other ~nves¢igolions will be under¢aken. (b) I~ any question has been answered Yes the pro)ec¢ may be slgniF~can¢ and a comple¢ed Environmental Assessment Form is necessary. (c) I~ all ques¢ions have been answered No i¢ is iikely Cha¢ Chis projec¢ is no~ S~gn~cont. (d) E~'~onmenCa~ Assessmen~ ~han }0 ac~es of }and? ........................ Yes~ No ~, ~}~ ~he~e be a ma~o~ change ~o any unique o~ -unusual }and fo~m ~ound on Che 3, W~}} p~o]ec~ a}~e~ o~ have a }a~ge effec~ on existing body o[ waCe~~ Yes~ No 4, ~ p~o~ec¢ have o poCen~a~}y ~o~ge ~mpac~ , on g~oundwa~e~ qua}~¢y? .... · .................... ~es~'No: ~ .. flow on adjacent, s~¢es? ........................ , Yes~: Nq '~, ~}} 'p~o]ec¢ endangered p~an~ o~ anSma~ species? ........... .,. Yes~ :N° 7, W~}~ p~o]ec~ ~esu}~ ~n a ma]o~ adverse ua~¢y? Yes ~ No' 8, W~}~ p~o~ec~ have a mo]o~ effec~ on v~sua} cha~ac~e~ o~ ~he commun~¢y v~s~as known ¢o.be ~mpo~¢an¢ ~, W~} p~o~ec¢ adversely ~mpac¢ an~ s~¢e o~ pa}eon¢o}og~ca} ~mpo~once o~ any s~e designated as a c~co} env~onmen~a~ a~ea }0, ~}} p~o~ec~ 'have a ma~o~ e~ec¢ on existing o~ ~u~u~e ~ec~ea¢~ona} oppo~¢un~¢~es? ......... . ~es~_N° }}, ~}} p~ojec¢ ~esu}~ ~n ma]o~ t~aff~c p~ob}ems o~ cause a ma]o~ e[fec~ [o ex~s¢~ng ~anspo~a¢~on sysCems? ....................... . Yes~ No ~2. W~ p~o]ec~ regularly cause ob]ect~onab~e odo~s~ no~se~ g~a~e~ v~b~at~on~ o~ e~ec~r~ca~ d~stu~bance as a ~esu~ of ~he p~o~ec~'s Yes~ No operation? .................................... ~3. W~ p~o~ec~ have any ~mpact on public hea~h o~ safety?. '. . ...... Yes~ No directly causing o growth in permanent Population of more than 5 percent over o one year period or have o major negative effect on the character of the community or n ghbo hoo ? ..f ........................ -. _Ye X No is the~e pubic c~o~sy concerning . - u~ ~ DAT E~ 1 0 REPRESENTINGF°r: ROY C. Schoenhaar 27 1980 O O JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 February 27, 1980 TELEPHONE (516) 765-1801 To: . Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2674 application of Roy C. Schoenhaar for a variance. Also included are notification to adjoining property owners as follows: Joseph Pumillo, Mattituck, N.Y. 11952; J. Arthur Hallock, Mattituck, N.Y. 11952; Evelyn Steinhardt, 35 Sussex Road, Elmont, N.Y. 11003; Edna F. Jackson, Mattituck, N.Y. 11952; Anna Biliuns, Mattituck, N.Y. 11952: Joseph Mellender, 225 Van Dalia Avenue, Brooklyn, N.Y. ; Matt Agency, Inc., 10200 Main Road, Mattituck, N.Y. 11952; Jean Jarzombeck, Bray Avenue, Mattituck, N.Y. 11952; Rose Roth, RR # 1 Box 52 C, Mattituck, N.Y. 11952: Mildred Litchult, RR # 1 Box 52 B, Mattituck, N.Y. 11952 JTT/bn cc:file Enc./ Town Clerk GARY FLAN n er OLS eN COUNSELLOR AT LAW Pm O. BOX 38 MAIN ROAD · MATTITUCK, LONG ISLAND. NEW YORK 1195;~ · PHONE 516 298-4844 February 27, 1980 Re: Schoenhaar to Surer file # 2762 Dear Mrs. Terry: Enclosed herewith please find three copies of a VarianC~plication, Notice to Adjoining Landowners; a Short EnvirOnmental Ass~sme~ Form, and the filing fee of $15.00. Please submit same to the Zo~gmg Board to be sCheduled for a public haaring. // / Very tr ,~U~/yo~, / GFO/clr Enc s. Judith Terry Southold Town Clerk Main Road Southold, New York 11971 cc: Roy C. Schoenhaar cc: Southold Town Zoning Board of Appeals cc: Southold Town Planning Board O O TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 7~' TO THE ZONING BOARD OF APPEALS, TOWN OF $OUTHOLD, N. Y. ~, ~ ...~.o.y..~......S. mh.o..~n.h..a..a..r. .......................... of .... ~l~...~.~k~ff.A.v.~na~ ....... : ............... : ........ Name of Appellon.t Street and Number ................. 1Rrs~'lr.n ............................................................. ~e~..¥.c~.~ .....HEREBY APPEAL TO Municipality State- THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Name of Applicant for permit of ,~.Z..~...W.y.ckoff. Av.e aue ........... Bm. ookl~v~, ............. l~aw.. ~o~ .......................... Street and Number ' Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY (x) , VARIANCE ~ 1. LOCATION DF THE PR~PERTY~..~...z~....(~.~.t.e.~..~..~D..~.~.B~.~.3..5.;:~.~`~.t.1;i.1;B.9..~.L~.~.E~..~A'' Street Use District on Zoning Map Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article VII Section 100-71; Article III Section 100-31 3. TYPE OF APPEAL Appeal is made herewith for (x) A VARIANCE to the Zoning Ordinance or Zoning Map (x) A VARIANCE due to lack of access :(State of New York Town Law Chap. 62 Cons. Laws " A~t. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~,~(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... (x) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Form ZBI (Continue on other side) REASON FOR APPEAL O O Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- · sary HARDSHIP because Applicant seeks to divide the subject premises into four par- cels. Parcels 1 and 2 are located in B-1 Zoned District and said parcels would be used for retail store purposes. There is an existing building on Parcel 1 which re- quires a side yard VarianCe. Parcels 3 and 4 are located in an A Zoned District and would be utilized for residen- tial purposes and access thereto would be over a 20 foot right of way as shown on the annexed survey, which is made part of this Application. 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 the Applicant's premises is lOcated partly in, i aB-:l Zoned Di~triat~and partly in an A Zoned District. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the parcels to be created would be in generally keeping with the size and shape of the other parcels in the area and would not change the character of the neighborhood. STATE OF NEW YORK ) ) COUNTY OF SUFFOL]~ SS Roy C. S~ Gary Olsen, as attorney Sworn to this .................... .2...7..t..h. ................. day of ..... F..e.braary. ............................... 19 80. (/qotary Public LYNN RUSSELl: .;,i.).,3L!,]. State of New Yor~ {~e;m!.7 - 52-4793046 ::q:.:~:.s ~dc.4ch 30, 19~ O BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of Roy C. Schoenhaar - to the Board of Appeals of the lown of Southold TO: Joseph Pumillo f. J. Arthur Hallock Evelyn B, Steinhardt Edna F, Jackson Anna Biliuns YOU ARE HEREBY GIVEN NOTICE: Joseph Mellender Matt Agency Inc. Jean Jarzombek Rose Roth Mildred Litchult NOTICE 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (:~]h*a[L~~:~:t~rJftI~l~i[fal~(the following relief: Area~ width~ side ,yard, and access Variances ~' ..... ). 2. lhat the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: North by Main Road; Easl by Pumillo; and others; South b7 Joseph - Mellender; West by Matt Agency and, others. 3. That the property which is the subject of such petition is located in the following zoning district: 1~-1 and "A" 4. That by such Petition, the undersigned will request the following relief: Vnr~_ nee fo*' ip.m,t'¢{tq~nt area and width; insufficient side yard and approved access 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Article VTT Section 100-71; Article III Section 100-31 and Section 280 A Town Law 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. 7. That before the relief sought may be granted, a public hearing must be h~ matter by the Board of Appeals; that a notice of such hearing must be published at least five dajy~prior to]the date of such hearing in the Suffolk Times and in the Long Island Traveler'Mattituck Watchm/fn, newspafiers publiShed in the Town of S°uthold and designated for the publication of such notices; that yo)l' or yo~ r~Oresentative have the riDated:ght to ap pear 2/27180and be heard at such heart, ng. . ~r''y~~//..///r~ ~/~_~C. Sch Petitioner Gar~Flanner Otsen-- Post Office Address P; O: ~o~r 3~1: M~.~n Road " Mattituck, New York 11952 Phone: (516)-298-4844 C NAME Joseph Purnillo J. Arthur Hallock Evelyn B. Steinhardt Edna F. Jackson Anna Biliuns Joseph Mellender Matt Agency Inc. Jean Jarz ornbek Rose Roth Mildred Litchult PROOF OF MAILING OF NOTICE ADDRESS Mattituck, New York 11952 Mattituck, New York 11952 35 Sussex Road Elrh°n[ , New York 11003 Matti[uck, New York 11952 Mattituck, New York 11952 225 Van Dalia Avenue Brooklyn, New yOrk 10200 Main Road Mattituck, New York Bray Avenue · Mattituck,' New~Y0rk 11952 11952 RR #1, Box 52 C Mattituck, New York 11952 RR #1, Box 52B Mattituck. New York 11952 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: Cherie Lynn Russell , residing at (no number) Yler~en New York , being duly sworn, deposes and sa~s that on the 2 ?th day of February ,19 80 ., 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 n;~mes of said persons are the addresses of said pers~0ns as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Mattituck: New ¥orl~ ; that said Notices were mailed to each of said persons by (certified) (~l~l~:mail. Sworn to before~ ~ ~ · day of ~ Cherie Lynn FL~ssell TEL. 765-1802 TOWN OF SOUTHOLD OFFICE OF BUILDING INSPEC~I'OR TOWN HALL SOUTHOLD, N. Y. 11971 145 ~ PFT:, P--.D. /~-N"FTITOc, I<~ N,"/': 3u ~ F__.w ,d O.U'TE'? ii, 5"I Woobc^wt,,/ Av~', F/-~T ',t \ ~ ~'o6° NOTE: // 4.00 OSTRANDER AL.DEN W. YoUN(3 ilROiriellON&l.. ENGINEER &NO LAND suMVEyOR. N.Y.I, LIC, NO, 1~4E FOR: ROY C. SCHOEtVHAA R MA T TI TUCK o~ SOUTHOLD sUFFOLK CO,, N.Y. "= 40' JAN. 17, 1972 / · /--ITCi-tHUL.T -1 --15 S~TC~ ~.;~V ~ M~NOm SUeO~V~ON SC NH 2 M~TT I. Tt. JCi~ To(,vm ex,:: .~u-r~oc.o, N.Y. UNAUTHORIZED ALT.rRATiOM OR ADDiTIoN I'O THIS SURVLy IS A VIOL,\Th~,N SEC~ON 7209 OF ~E ED~ATION LAVv. THE LAND ~jR%,~vO~:3 ~BOSSED SS>',L .E~;ALL ~ bE A VALID iKU~ C'.91 :. ~f GUARANTEES ffdD~C :j :lD 15 P~E~AKED, /.~b O~ TITL~ COMPANy, ~Ov, k ~,;,,jtNFA~ LENDING INS?iTUT~GN ~. , .D i.:;~?>N' AHO TO THE ASSigNEE3 OF [HE TUT;ON. GUARANTEEs ~ O ADDI?IONAL INSTEI'UTj~$ ~NER5.