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Home My WebLink About1000-56.-4-21APPEAES BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTFIOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 March 8, 1996 Mr. Harry Wicks, President Hammermark Ltd. 32 Rose Avenue Floral Park, NY 11001-2627 Re: Your Inquiry - Property of Pamela Barney/Est. of C. Oliver Dear Mr. Wicks: It is our understanding in reviewing the status of the above property that you, as an interested buyer, would like to obtain approvals for a new antique business, and that you may be adding either an addition or a separate building for a shop in the back. In order to know whether or not you can build either type of construction, a formal application should be filed with the Building Inspector (probably by the owner or its authorized representative) to start the zoning process. Informal inquiries or informal submissions may not relied upon, and therefore, authorization would not be able to be fully determined unless a formal application were made since they are not "complete applications. In the event the Building Inspector receives an application for a building permit with the appropriate plans and filing fee, his review concerning all zoning regulations (including setbacks, lot coverage, uses and activities, building details, etc.) would then be commenced and direct you accordingly. You should be aware, however, that the owner of the property should file the application unless other written authorization is given authorizing you as agent for the owner by the owner. It does not appear that a special exception under zoning would be needed for an antique store or shop, however, that does not preclude the Building Inspector from requiring a variance if there are two separate uses at the site (which was mentioned by the Planning Office personnel). Please be very specific with the details and information requested in the building permit review process. Page 2 - March 8, 1996 To: Mr. Harry Wicks R~: Property of P. Barney at Mill Creek Vicinity We would be glad to try and assist again once the formal paperwork has been filed through the Building Department (and other departments as may deemed appropriate thereafter). Very truly yours, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosures cc: Building Department Mr. Thomas Fisher, Sr. Building Inspector Mr. Robert Kassner, Reviewer - Planrdng Office Studio NO. : 516 35:2 4736 r~r, ~8 19~6 12:14PM FAX TRANSMISSION H~MMERMARK LTD. PHOX~ ,~xo F~X: 5 I ~-35:~-473~ ~L: To: . Linda ICowalski Date: Mar~h 8, 1996 Fax #: 765-I 823 Pages: Jo, including this cover sheet. From: Harry Wicks Subject: 64355 Main Road, Oreenport Ms. IG)wal~ki: l just talked with Dolores (Albatclli Realty) re: tho above property and ~hc, in turn, said shc had just spokcfl with you. She also sugg~ my sending this fax to you. From wl~at she said, it appears that my 2/28/96 lctmr to Mr. Ooering~r ncver arrived at Town Hall. So to provide you with the infonnation contained in that latter, I will scud the copy via file auached to this fax. Thc original letlcr last week was sent via US Mail. Thank you :?or your attcntinn to this matter, your help is greatly appreciated. Harry Wieka Wicks Studio PHONE ND. : 516 ~52 47~ Mar. 08 1996 12:14PM PB2 Harry Wicks Presidan! Hammennark Ltd. 32 Rose Avenue Floral Park, NY 11001-2627 Fobmary28,1996 Mr. Gerry Oooring~r. Chaimmn Zoning Board Town of $outhold Main Road Southoid, NY 11971 RK: 643S5 Main Road, Greenport Dear Mr. Goorin$or: I am intcrcstad in buyin8 the above parcel to move my business to. However, before I invest any monies, ] want to ha sur~ that tho property is usable to suit our needs. ] have been to Town Hail and spoken with both Mr. Fisher and Mr. Ka~snor. Tho latter advised ~no to contact you to determine whothcr or not thc property is, in fa~t, usable for my business. I would like to loam whether Appeal 4334. which grants use of the parcel for "dry retail" inolude~ my business which consists off,ailing antiques, furniture., crall~, otc.. with a support shop in ba~k. $inc~ tho existing building is so ~mail. 1 would have to add about a 1200 ~q. fi building at rear (a~ p~r enclosed sketch) to provide for tho lariat. Though Iraffi~ would bo Iow. more-than-adequate parking sp~co will bo provided when we lnndscapo tho parcel to ornate an att~cfiva neighbor. Please advise if this coufonns. Thank you for your prompt attention to this matter. $inooroly yours, ltarry Wicks Prosidout HW Enclosuro Studio PHONE NO. ; 516 i52 4-F'~5 Mar. 88 1996 12:15PM PE~3 PLANNING BOARD MEMBERS RICI--IARD G. WARD Chairman GEORGE RITCI-IIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 4, 1996 Harry Wicks 385 Pine Tree Road Ext. (Box 298) Cutchogue, NY 11935 RE: Request for waiver of Site Plan SCTM# 1000-56-4-21 Dear Mr. Hicks, The Planning Board has received your request for Site Plan waiver. The sketch submitted with your letter shows a proposed addition to the existing building of 40' by 30' to be used as an office and storage center for your plans business. In order to assess if a waiver can be granted you will have to apply to the Building Department for a building permit to add the proposed addition and second use in this two acre Marine II zone. The variance previously granted by the zoning Board was for a dry retail store. If you have any questions, or require additional information, please contact this office. ~R6bt~rt G. Kassn Site Plan Reviewer cc: Thomas Fisher, Senior Building Inspector Gerard P. Goehringer, Chairman, Board of ~ppeais PLANNING BOARD MEMBERS RICHARD G. WARD Chairman GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: SUBJECT: DATE: Thomas Fisher, Senior Building Inspector Robert G. Kassner, Site Plan Reviewer Harry Wicks, Retail Store Main Road, Greenport February 28, 1995 The Planning Board has received your request for research on the above project. The applicant originally wanted to open a retail store at the above premises as permitted by the ZBA appeal # 4334. However, he later indicated that he wished to add an extension to the building; part of which he planned to use for other business purposes. The ZBA in its decision indicated that there would not be a more intensive use of the site. Therefore, the applicant should be advised to return to the ZBA to see if his plans are acceptable under appeal # 4334. If this review by the ZBA is favorable, he should then submit a survey of the old building and the new extension showing adequate on-site parking and all uses of the building to the Planning Board for review. · Jl6~2~1~ ¥0~¢e: 516~2~t~8 To: Tom FishedEdg OepL Paget ell Monday, Februmy26,1~ 9:42:38 AM C 0 ,V E R $ H E E T FAX Fax #: Subject: Date: Pages: Building Department attn Tom Fisher 765-1938 sim plan waiver epplioafion eto. February 26, 1996 One, i~, eluding this oover sheet. Mr. Fisher ~ Thank you t0r the reply to my Jan. 28th letter, reoeived a few minutes ago. However, I am having diffioulty understanding some of it. Para 1) I gather~ repeats what you told me verbally baok in January, i.e.; that this property oan be used for a liquor retail. And nothing else? Right? At that time you also told me to send the letter and sitc plan waiver which I did on Jan. 28th. Para 2) I am almost mabarraased to say that I do not fully understand what is meant by this pera. I submitted thc above noted lcttcr and sketch for a site plan waiver, aa per our c~rlicr discussions but, I don't sec how this paragraph answers that lcttcr. Docs your reply mcan: a) That my l,stter waiver rcqueet is being reviewed by the Planning Bo~xd? b) That thc waivcr is not bcing rcvicwcd? In other win-ds, I need to know [fi will be able to usc thc property aa spelled put in my 1/28 letter, should I purohase it ? Plebe advis,: what thc next etcp is? Thanks for ),our prompt ~ttcnfion to and help in this matter. Harry Wioks Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1802 OFFICE OF THE BUILDING INSPECTOR TOWN OF SOUTHOLD TO: FROM: DATE: RE: Harry Wicks r~~ Thomas J. Fisher - Senior Building Inspecto February 26, 1996 Uses & site plan waiver. Premises: 64355 Main Road, Greenport. SCTM#1000-56-4-21. I can't advise you one way or the other in regard to your purchase of the property. Your usage is as permitted in the MII Zoning District and also retail usage as permitted by ZBA appeal #4334 (dry store). Again, you will need to contact the Planning Board about site plan waiver. Contact Bob Kassner at 765-1938. Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1802 OFFICE OF THE BUILDING INSPECTOR TOWN OF SOUTHOLD TO: FROM: DATE: RE: Harry Wicks Thomas J. Fisher - Senior Building Inspector February 26, 1996 Uses & site plan waiver. Premises: 64355 Main Road, Greenport. SCTM#1000-56-4-21. In answer to your recent inquiry of 2/19/96, the uses for this property are as permitted in the MII district, and under the Zoning Board of Appeals, appeal ~4334. Under 100-253 of the Town of Southold, no building permits can be issued for any structure or building for which use a site plan is pursuant to the chapter 100, until a determination has been made by the Planning Board. P.O. Box l~, P.o.Abi~ilBoxA' ~4~4~ic~, E~q. ~q/~{ ) Mat~tugk) NY 1195~ R~: Appl. No. 4334 - Clo~d~ O~vev Estat~ (V~ri~) O~ae Ms, ~ie~am: Please f~d attached a copy of the B~vd'a [ind~g~ determination r~mde~d at ou~ September .[3, 1995 Regular conc,v~ng the above ~ceat appU~tion. / In the (atarl. ia, (,'1) the Suffolk County Department of Planning may be forwarding correspondence to you or the owner ~inco tiffs pro~,:t fails uuder thei~ jurisdiction under the Ad~stva~ve Code of S~folk County, It i~ expected that the county will re[er the matter back to th~ Board of Appeal~ eoncorulng the retie[ sought ~th~r than taMng action for disapproval or approval. No [upthet st~p~ ave ~q~{red on your part ~in,:o our ~ffi~e sends oopies o[ tiffs town file to the cuunty di~tly. b) For cvnve~euoe purposes, w~ have fo~ard~d ~p'~ ;f ~ d~tovmhmtion to the ~uH~g Department and p~nln~ O[fl~ 0 ~ot~ p~rmanent records. Very truly yourS, I~hlclosu re hlnda Kowalsk.i Office of the B~dln~ Department Of fica o~ the Pieing B~rd \1 f F.-U,S UOARO M£MBERS BOARD OF APPEALS TOWN OF SOUTHOLD ~09~ M~. P.O. BOx 11~.~ $outhold. New York 119. Fax (516) 765-1823 Telephone' (516) 78~- 18ffi FINDINGS OF FACT _AND _D. ET~ERMINATI.ON' Appeal No, 4334. ESTATE OF CLOTILDA OLIVER. a, Variance b~.~ed upon the AnlK,,,,¢t--~8~ i9:95 ~o~C~ ~ Dtsapp~ f~m the B~lding [n~pgotor, Article XXlV, SecOon 100-241 for pax, mjsulon to ~-estab~h tlenc,m~orufing ~t~fl ~alea use ~ t~s M-II Zone DtsLrict, o(~ Propeety: 64355 M~ Road~ Greenport; Parcel No. 1000-~6-4-21. WIIERI,'.AS,' after due notice, a publle hearing wat~ held on Sepi. tmd~er 13, 1995, m~d at todd hearing all thos~ who desired to b~ henrd were he. etd and their testimony rooorded; and W}IEIt.Ed~S~ the Beard [ms carefully euu,,lder,~d all testimony and do(mmerltatlon submitted eoneernlng this alapllcationl rind WIIEILF[AS, Boerd' Members have personally 'viewed ~ud are famJlkw with the premises i~ question, its present zonE, and the surrounding a~aa; a~d WIIEIU'iA$, tho Board made the [o[lowlag fltldlng$ of fact: 1, DESCRIPTION OF VARIANCE: This is an appeal for a var{uxxce based upon a Notice of Disapproval Ic~je~tia~ · ~:lueat to o,~(XtJpy an e~still~ b~l~n~, ~ ~s~b~s~ ~ ~0~ U~ on a lmrcel of land ~-zoned Marius II on January 10, 1989. [or the B~Idillg ln~p~otor~ disapp~val for sales iS that ".,,Seetlon Io0-241,G ~ ~or sto~ dlaeon~ntted for a period of more t~ two y~ars, Ao~on by Cbc Zo~dnC Board of Appe~s .... " 2. CODE PROVISION APPF~ALED: Articlo XXIV, Seetlon 100-241G o£ the zo~zing aode r~ad$ aa follows: ...Whenever a nonconforming uae of a building or premises has beeu discon[[atmd for a period of more thatl two (2) years or has been changed to a ¢:lasafflcaOon or to a co~or~ng use, anytldng tn this Articl~ t~ ~h~ century notwith~t~ding, the nnueonform~g u~ of such bt~ldinC or premises no longer be permitted u~ess a vari~c~ thorefor ............................... 7:: _-_': 7.:.7.:': - -:: - ' - Page ~ - Appeal Nc,, 4334 Application of ESTATE OF C. OLIVlfR Doetslon RenderEd Soptembee 1.'l, 1995 shah have been granted by the Board of Appc}als .... 3. USES PEItMiTTED IN M-II: In tile Ma~o il gone ~.-alu tyDes of ~t,dl ~0.1e~ a~ ~v~tted, such as naught and s~[e~ re~atvd to mer~e, fis~g, beating and si~r ~ter m~rvice~_ Uses such as reskaU~nt~, fer~' ter~t~, t~ient betels or moto[~, fish ~cesslng plauts~ f[~h market~, mu~o~ms a nauttu~ them, ~nd art ~evies a~ ~so u~e~ ~owebl~ Special Exception 4. PERSONAL KNOWLEDGE: It is pea'mortal knowled~ et 'M U Cre~h Liqaov Store' fay at least 30 y~at~. The p~povt~ removed vtvtua~y vn~han~ed d ' u~g t~ fim~ period, ~d the~ add,quote l~d ~rea open and ~v~able for ou-sit~ par~g ~th prtaexisting egTess and h~gress f~m the M~n Road. No ~ormatlon wa~ v.cetved during the hearing that ~di~tes there is any to the continued use or possible change in the layout o~ the a,d its fatigues. 5, EVIDENCE: Board Members agree after hurl.rig visited the propo, rty which ts no~teont'orml.ng in s~ze, and reviow~g testimony, that the record is eomplsto ~nd s~Hcient to ~nt a v,,riunco ~s stipulated under S~etion 100~241 to restore a d~ ~to~ ~,~:~ o{' tho prumlses ~thev thee having oth~r types of uses ~sted the code for t~s M-ti zeno ~tviet. 6. STANDARDS: In eousidering the relief r~quested, tile Board Members find and determine aa follows: (a) the eircumstmace~ are miiquely related to the property aa a preexisth~ improved site, witl~ a pree:rJsting establlzhed liquor stor~, use wh/eh was not intentionally abandoned within the and was onused for the subject six-month period (tmyond the two~yea~' status) due to the passing of the owner o.nd penal, ting a ',;cttlcmont of an Estate dJstribuLioa with attempts tO (b) tho t~pes of uses normally permitted and allowable in tbLq M-II Marble Zort/ng District are mor~ ]Rtensi've and generally not cumpleflmntary - exmnples being for a restaurant 0r bout z~pair would require a greater usage of parking and greater usage of water ha this enviromnentaUy sensitive ar~a; (e) other u~es normally pertu/t~od and allowable in tiffs M-II Marine Zo~fing District would r~qulr~ mor~ aert:ag~ or 80,000 ~;q. ~t. per use - tiffs parcel has consisted of a size of 20,500+- square feet, ~d prior to January 10, iaaa was zoned B-~ght Business; Puge 3 - Appeal No. 4334 " Application o~' ESTATE OF C. OLIVER Decision Rendered September 13, 1995 (d) the building is set back 45 feet from the llna of bi~tiwuy along the l~aLn Roa(t and has side yurdP, of 2~{ feet on tho oastl:rly side, and motx} than 35 feet on the opposite sid8 - most of tile Jot surr,~undLug the builcLL~g hus been and wi.Il oontlaue to be aw~ilabie for parking a.ud lands0apLug ]pUrposes. (e) the relief requested is not unreasonable when cemsiderin~ the character of the surroundLug bttildiugl;, businesses {llld general nei~itburhood to the east is ~HoLliater's Resiauz~it;~ to the west is a parcel (1000-56-4-20} used as a resldenc~e with btlsit~e.,;.~ use I~,lated to storage of heavy equipment; to the ~uth la a £u{l-m:rv{ce ee. staurunt and the State tllghway; to the north l~ veoa. at land contain,Lull wetland grass areas and the Long IsM;id Railroad, (f) the relief requested will not cause a substmatiai e. ff~¢:t on available governmental t'a¢;iliiie~ ~{nee the use which has ,xisied got' many then 30 years will continue as a retail "dry" use, rather than toed-type services which a~ ~ouaideved by the Health ]-)~purtment aR "Wet uses" ~tud wh|¢h are allowable ii~ tile M-II Zone; ({~) For the reel:ors noted above, tile variance will not ill turB. b~ adverse tu the 8'&fety, health, welfare, oo~ort; convenience, or order of tho town, or be adverse to neishboeilag l)roperties~ ~.nd tht.~ b~m~fit to the up_~plieant is greater whe[l weighed against the hs, alth, safety, m'id weLfare of the community; (h) in eonsiderha~ all the above factor, the interests of junttee will be served by grautLu~ u restoration et' "dry" retail sales at the premises, via this variunce application as provided by Soctioll 100-241 of tile Zoning Code mid as further noh.M below, Accorciingly, on motion by Member Dinizio, se(rended by Chairman Goehri<iger, RESOLVED, to GRANT tim r~lief r~quested under tho pl~vtslo~ o{' Article XXIv, Section 100-241 of the Zoning Code for 'the re-t, staDiishment 01' USe of exit;Ling building for 'fetaL1 dry ~mleet ("dry store") SUBJECT TO TIIE FOLLOWING CONDITH.)N$: 1. Dry retail mules shall not include activities which would require ,,sage et' morn than 300 gallons of water per day; dx-y stor~ or dry sales shall be defined es written by the Suffolk County Health Department classifications as those where the only water use is for employee-only sanitary disposal; 2. No wet store use ~hail be p~rmittud and is classified as a use where additional water would be used for processes within the store or for employee tu~d customer/client sanitary disposal, such as Psg~ 4 - Appea/ No. 4334 Application of ESTATE OF C. ~)o(;isloa Rendered September burbe~ shops and hairdressers, food pro~:ossmg, ' or s/milai, activities. NOTE: No changes to the property are required by the /'rant of thl. V ~ PiaD.~e. Vote of the Board: Ayes: Messrs. Goehring,:r, DL~/z/o ~nd ViIJa. Opposed: Members Tortora ~d Doyen for [h~ ~o~ ~t state-mandated ~{atldarda for the ~t of ~e v~(~) ~ve been sufficiently add~ssed, T~s resolu~on was duly adopted, Ik Gtr, RARD P. GOEHRINGEIt, CHAIRMAN ncC291995 ' APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Serge Doyen, Jn James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 FINDINGS OF FACT AND DETERMINATION Appeal No. 4334. ESTATE OF CLOTILDA OLIVER. Variance based upon the August 18, 1995 Notice of Disapproval from the Building Inspector, Article XXIV, Section 100-241 for permission to re-establish nonconforming retail sales use in this M-II Zone District. Location of Property: 64355 Main Road, Greenport; Parcel No. 1000-56-4-21. WHEREAS, after due notice, a public hearing was held on September 13, 1995, and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Beard Members have familiar with the premises in quest/on, surrounding areas; and personally viewed and are its present zoning, and the WHEREAS, the Board made the following findings of fact: 1. DESCRIPTION OF VARIANCE: This is an appeal for a variance based upon a Notice of Disapproval rejectiz~g a request to occupy an existing building, in reestablishing retail sales use on a parcel of land re-zoned Marine II on January 10, 1989. The reason for the Building Inspector's disapproval for occupancy for ret~ii sales is that n...Section 100-241.G retail liquor store has been discontinued for a period of more th~n two years. Action required by the Zoning Board of Appeals .... " 2. CODE PROVISION APPEALED: Article XXIV, Section 100-241G of the zoning code reads as follows: ...Whenever a nonconforming use of a building or premi.~es has been discontinued for a period of more than two (2) years or has been changed to a higher classification or to a conforming use, any-thing in this Article to the contrary notwithstanding, the nonconforming use of such building or premises shall no longer be permitted unless a variance therefor , OCT - 1,q96 I SOUTHOLD iO, WN PLANNING BOARD Page 2 - Appeal No. 4334 Application of ESTATE OF C. OLIVER Decision Rendered September 13, 1995 shall have been granted by the Beard of Appeals .... 3. USES PERMITTED IN M-II: In the Marine II Zone District, certain types of retail sales are permitted, such as nautical sales ~nd sales related to marine, fishing, boating and similar water services. Uses such as restaurants, ferry terminal.~, tr~n-~ient hotels or motels, fish processing plants, fish markets, museums with a nautical them, and art galleries are also uses allowable upon Spenlai Exception approval. 4. PERSONAL KNOWLEDGE: It is personal knowledge of Board Members that the building and premises have been utilized as the 'Mill Creek Liquor Store' for at least 30 years. The property hag remained virtually ttnchanged during thi.~ time period, and there is adequate Land area open and available for on-site parking with preexisting egress and ingress from the Main Read. No information was received during the hearing that indicates there is any objection to the continued use or possible change in the layout of the property and its facilities. 5. EVIDENCE: Beard Members agree after havi~.g visited the property which is nonconforming in size, and reviewing the testimony, that the record is complete and sufficient to grant a variance as stipulated under Section 100-241 to restore a dry store use of the premises rather than having other types of uses listed in the code for this M-II zone district. 6. STANDARDS: In considering the relief requested, the Board Members find and determine as follows: (a) the circumstances are uniquely related to the property as a preexisting improved site, with a preexisting established liquor store use which was not intentionally abandoned within the last year and was unused for the subject six-month period (beyond the two-year status) due to the passing of the owner and pending a settlement of an Estate distribution with attempts to sell the premises; (b) the types of uses normally permitted and allowable in this M-II Marine Zoning District are more intensive a~d generally not complementary - examples being for a restaurant or boat repair would require a greater usage of parking and greater usage of water in thi.~ environmentally sensitive area; (e) other uses nornmlly permitted and allowable in this M-II Marine Zoning District would require more aero,age, or 80,000 sq. ft. per use thi.~ parcel has consisted of a size of 20,500+- square feet, and prior to January 10, 1989 was zoned B-Light Business; Page 3 - Appeal No. 4334 Application of ESTATE OF C. OLIVER Decision Rendered September 13, 1995 (d) the building is set back 45 feet fcom the line of highway along the Main Road and has side yards of 28 feet on the easterly side, and more than 35 feet on the opposite side - most of the lot surrounding the building has been and will continue to be available for parking and landscaping purposes. (e) the relief requested is not unr~onable when considering the character of the surrounding buildings, businesses and general neighborhood to the east is 'Hollister's Restaurant;* to the west is a parcel (1000-56-4-20} used as a residence with business use related to storage of heavy equipment; to the south is a full-service restaurant and the State Highway; to the north is vacant land containing wetland grass areas and the Long Islamd Railroad. (f) the relief requested will not cause a substantial effect on available governmental facilities since the use which has existed for many th~n 30 years will continue as a retail "dry" use, rather than food-type services which are considered by the Health Department as "wet uses" and which are allowable in the M-II Zone; (g) for the reasons noted above, the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties, and the benefit to the applicant is greater when weighed against the health, safety, and welfare of the community; (h) in considering all the above factors, the interests of justice will be served by granting a restoration of "dry" retail sales at the premises, via this variance application as provided by Section 100-241 of the Zoning Code and as further noted below. Accordingly, on motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the relief requested under the provisions of Article XXIV, Section 100-241 of the Zoning Code for the re-establishment of use of existing building for 'retail dry sales' ("dry store") SUBJECT TO THE FOLLOWING CONDITIONS: 1. Dry retail sales shall not include activities which would require usage of more th~n 300 gallons of water per day; dry store or dry sales shall be defined as written by the Suffolk County Health Department classifications as those where the only water use is for employee-only sanitary disposal; 2. No wet store use s 'hall be permitted and is classified as a use where additional water would be used for processes within the store or for employee and customer/client sanitary disposal, such as Page 4 - Appeal No. 4334 Application of ESTATE OF C. OLIVER Decision Rendered September 13, 1995 barber shops and hairdressers, food precessin g, or similar activities. NOTE: No changes to the property are required by the grant of this varlan ce. Vote of the Board: Ayes: Messrs. Goehringer, DiniTAo and Villa. Opposed: Members Tortore and Doyen for the reason that state-mandated standards for the grant of use vari~,,ce(s) have not been sufficiently addressed. Thi.~ resolution was duly adopted, 3-2. GOEHRINGER, CHAIRMAN APPE.~LS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD September 29, 1995 Southold Town Hall 53095 Main Road P.O. Box 1179 Sou~hold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Ab/gaff A. Wic~rh,m, Esq. P.O. Box 1424 Mattituck, NY 11952 Re: Appl. No. 4334 - Clotilda Oliver Estate (Variance) Dear Ms. Wickham: Please f'md attached a copy of the Board's findings and determination rendered at our September 13, 1995 Regular Meeting concerning the above recent application. In the interim, (a) the Suffolk County Department of Planning may be forwarding correspondence to you or the owner since this project falls under their jur/sdiction under the Admini.~trative Code of Suffolk County. It is expected that the county will refer the matter back to the Board of Appeals concerning the relief sought rather than taking action for disapproval or approval. No further steps are required on your part since our office sends copies of th/s town file to the county directly. b) For convenience purposes, we have forwarded a copy of thj.~ determination to the Building Department and Planning Offices for their permanent recor~ls. Very truly yours, Enclosure tJnda Kowalski cc: Office of the Building Department '~'7 Office of the Planning Board~.--- C7 995 SOUTHOLD TOWN -- Pt. ANNING BOARD LASER FICHE FORM Planning Board Site Plans and Amended Site Plans SPFile Type: Project Type: Site Plans Status: Incomplete Application - In Active SCTM #: 1000 - 56.-4-21 Project Name: Wicks, Harry Address: NYS Rt. 25, Greenport Hamlet: Greenport Applicant Name: Harry Wicks Owner Name: Harry Wicks Zone 1: Approval Date: ]~ IJ~ OPTIONAL ADDITIONAL INFORMATION End SP Date: Zone 2: Location: SC Filin,q Date: C and R's: Home Assoc: R and M A,qreement: A date indicates that we have received the related information Zone 3: SCAN Date: SCANNED Records Ma!~:~?cment _--