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HomeMy WebLinkAbout3560Town Board of Appeals I~AIN ROAD- STATE; ROAD Z5 SOUTHOLD, L.I., N,Y. '11cj'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3560 Application Dated September ]8, ]986 TO: Gary Flanner Olsen, Esq. as Attorney for EDMUND AND JOAN Main Road, Box 706 Cutchogue, NY 11935 PRESSLER [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on 0ct0ber 22, ]986 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article VII , Section$]00-70(A)[]], ]00-7] [ ] Request for Application of EDMUND AND JOAN PRESSLER, Appealing Building Inspector Notice of Disapproval dated 1/2/86 and ZBA Action #3463 dated 5/6/86, and Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, and Article VII, Section lO0-70(A)[1](d) for permission to establish a second retail/business use in conjunction with existing nonconforming two-family dwelling and antique-sales business use on this parcel of 68,912 sq. ft. in area and 95.44 ft. lot width. Location of Property: "B-I" General Business Zoning District, North Side of Main Road, Southold, NY; County Tax Map Parcel_ No. 1000-63-3-26. WHEREAS, a public hearing was held and concluded on October 2, 1986 in the Matter of the Application of EDMUND AND JOAN PRESSLER under Appeal No. 3560; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. By this application, appellants request a Variance from Article VII, Section 100-71, Bulk Schedule, and Section IO0-70(A)- [1](d) for permission to utilize premises as a continuing nonconforming two-family dwelling, one retail store-use (antique sales), and a newly proposed barber shop, all within building as existing in this "B-I" General Business Zoning District. 2. The premises in question is situate along the north side of the Main Road commencing at a point 329.70 feet east of Boisseau Avenue, with 95.44 ft. frontage and average depth of 737.87 feet, and contains an acreage of 1.582. 3. The subject premises is improved with a two-story framed structure set back 31 feet from its front property line along the Main Road, 15 feet from the west side line, 16 feet from the east (CONTINUED ON PAGE TWO) DATED: October 27, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3560 Matter of EDMUNAD AND JOAN PRESSLER Decision Rendered October 22, 1986 side line. The swimmingpool and fence enclosure which previously existed in the rear yard have been removed from the premises and the area is now slated for additional parking. 4. "Store #1" is occupied as an antique-sales business containing a floor area of 1,247 sq. ft. "Store #2" is proposed for rental as a barber shop, and would contain 630 sq. ft. in floor area. Both stores are on the first floor. 5. For the record, the existing westerly second-floor apartment contains 630 sq. ft. and the easterly second-floor apartment contains 1,084 sq. ft. 6. It is further noted that Certificate of Occupancy #Z-4897 was issued November 7, 1972, which indiates that the use as a nonconforming two-family dwelling, with accessory doctor's office conforms to all the applicable provisions of law. It is the understanding of this board that the doctor's office was a home occupation use, accessory to the doctor-owner's principal resi- dental use of one of the dwelling units, and not a separate principal business use. 7. Prior actions were taken by the Board of Appeals as follows: (a) under Appeal No. 1415 on April 15, 1971 in the name of Genevieve Albertson for a set-off of this lot from an adjoining lot with existing dwellings with insufficient frontage (lot width) along the Main Road, (b) under Appeal No. 3463 on April 16, 1986 granting permission to establish the subject "antique-sales" shop (retail store) in conjunction with existing nonconforming two-family use, with conditions. In considering this appeal, the board finds and determines that in allowing a small-scale barber shop with a floor area not to excess 630 sq. ft.: (a) the use will be consistent with and will promote the general purposes of the zoning code, zoning maps, and Master Plan amendments as proposed; (b) the circum- stances are unique; (c) the use will not prevent the orderly and reasonable use of this district Qr adjacent use districts; (d) the use will not prevent the orderly and reasonable use of this district or adjacent use districts; (e) the safety, health, welfare, comfort, convenience and order of the town will not be adversely affected; (f) the interests of justice will be served by allowing the variance, as conditionally noted below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, that the relief requested under Appeal No. 3560 to add a barber-shop use not to exceed a floor area of 630 sq. ft. as applied in the Matter of EDMUND AND JOAN PRESSLER BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. Parking for this additional use as required and approved by the Southold Town Planning Board; 2. No parking in front (south) yard area. Vote of the.~.Boa~:.. Aye~c~Mess~s. GO6hringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was du!.y adopted. k~ECEIVED AND FILED BY t~£HE $OUTI~CLD TOWN C~.~RK October 27, 1986 O~O.UNT¥~OF SU~FOoLK.' i, 0 PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING 360-5206 //~ LEE E, KOPPELMAN ~C -~'~E~ DI"£CTOROFPLANNI"G NoVember 3, 1986 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Mrs. Margaret Best JEdmund & Joan Pressler Municipal File Number(s) 3551 3560 Very truly yours, Lee E. Koppelman Director of Planning S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J, DOUGLASS JOSEPH H. SAW[CKI Southold Town Board of Appeals NAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj'71 TELEPHONE (516) 765-1809 October 27, 1986 Gary Flanner Olsen, Esq. Main Road, Box 706 Cutchogue, NY 11935 Re: Appeal No. 3560 Edmund and Joan Pressler (Variance) Dear Gary: Encl'osed please find a copy of the official findings and determination recently rendered by the Board of Appeals and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for their authoriza- tion of any new construction, or for other written documents as may be applicable. If you have any questions, please do not he.sitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to: Building Department Planning Board Suffolk County Planning GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary Commission Southold Town Board of Appeals MAIN ROAD- ESTATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: ×× Variance from the Zoning Code, Article vii, Sectionloo-?o(A)(1) 100-71 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3560 Applicant: EcLmund and Joan Pressler Location of Affected Land: 'N~s Main Rd., Southold, NY County Tax Map Item No.: 1000- 63-3-26 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Boundary of Existing or Proposed County, State Other Recreation Area or Exi. sting or Proposed Right-of Way of Any Stream Owned by the County or for Which The County Has Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. Federally Owned or Federal Park or or Drainage Established Land Channel Channel COMMENTS: Applicant is requesting permission to · ' c~--r.~3ca.~J~ bu~s~ness us~- in conjunetinn w~fh ~ _~tln~ ~~ ~ ] ~ dwellinq, Copies of Town file and Bated: October 30, 1986 related documents enclosed for your review. Secretary, Board of Appeals Southold Town Board of Appeals MAIN ROAD- STATE RnAD 25 .~QUTHt'ILD, L.I., N.Y. 11cj'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS October 2, 1986 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. S · 'F'l,. Q. R. A. ROBERT J. DOUGLASS JOSEPH H. SAWICKI NEGATI~rE ENVIRON~ENTAL DECLAP~TION Notice of Determination of Non-Significance APPEAL NO.: 3560 PROJECT NAME: EDMUND AND JOAN PRESSL~R This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice tha~ this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II [ ~ Unlisted [ ] DESCRIPTION OF ACTION: Appeal f.r0m Notice of Disappr0va] of Building Inspector dated 1/2/86 and ZBA Actioq #3463 dated 5/6/86, and Variance to establish second retail/business use in conjunction with existing nonconforming two-family * LOCATION OF PROJECT: Town of Southold, County of,.Suffolk, more particularly known as: REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) This application is not related to new construction and concerns occupancy of an existing structure. (3),lThq subject premises is not located wifh~n 300 feet of tidal weL anas. FOR FURTHER INFOP~MATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. *dwelling and antique sa]es business uses on t~$ parcel of 69,9]2 sq. ft. in'area and 95.44 ft. ]0t width. Southold Town Board o£ Appeals APPEALS BOARD MEMBERS October 2, 1986 S.E.Q.R.A. GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .JR. ROBERT 3. DOUG{ASS JOSEPH H. SAWlCKI NEGATI~E ENVIRONFIENTAL DECLAP~ATION Notice of Determination of Non-Significance APPEL NO.: 3560 PROJECT NA~E: EDMUND AND JOAN PRESSLER This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse-effect on the enviror~nent for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II [X] Unlisted [ ] DESCRIPTION OF ACTION: Appeal f. rom Notice of Disapproval of Building Inspector dated 1/2/86 and ZBA ActioQ #3463 dated 5/6/86, and Variance to establish second retail/business use in conjunction with existing nonconforming two-family * LOCATION OF PROJECT: Town of Southold, County off.Suffolk, more particularly known as: REASON(S) SUPPORTING THIS DETEPJ4INATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) This application is not related to new construction and concerns occupancy of an existing structure. ~2 The subject premises is not located within 300 feet of tidal(.~tlands. FOR FURTHER INFOPJ~ATION, PLEASE CONTACT: Linda Kowals~i, Secretary, Southold Town Board of Appeals~.Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. *dwelling and antique sales business uses on t~S parcel of 69,912 sq. ft. in'area and 95.44 ft. lot width. ~OUTHOLD TOWN BOARD OF MATTER OF EDMUND AND JOAN PRESSLER TIIURSDAY, OCTOBER 2, 1986 PUBLIC HEARING 11:03 p.m. Appeal No. 3560 - Public Hearing commenced in the Matter of EDMUND AND JOAN PRESSLER. Appeal from Notice of Dis- approval of Building Inspector dated 1/~ ~6 and ZBA Action #3463 dated 5/6/86, and Variance to establish second retail-business use in conjunction with existing nonconforming two-family dwelling and antique sales business uses on this parcel of 68,912 square feet and 95.44 feet lot width. "B-l" General Business Zone. N ~ Main Road, $outhold. The Chairman read the legal notice and application for the record. CHAIRMAN GOEHRINGER: I have before me a survey from August 31, 1981, Roderick Van Talp, P.C., indicating the house and parking area as it presently exists. And I have a copy of a Suffolk County Tax Map indicating this and surrounding properties in the area. You're on. MR. OLSEN: May it please the Board, Mr. Lessard. My name is Gary Olsen. I'm the attorney for the applicant, Mr. and Mrs. Pressler. The reason We're before the Board is that the proper- ty in question, since we were before the Board at the last meet- ing at which time you granted a variance for two apartments and one business use, a lot has happened. And I think if you look at the property, you can see what's been done. Mr. and Mrs. Pressler have greatly improved boLh the interior and the exterior appearance of the property. What could have been construed as an eyesore in the past, is now (I think) a true asset to the ~ommunity. The plantings are beautiful and they have done a lot as far as the parking is concerned. They have been able to create on this piece of property a driveway to get to the back part of the property which has plently of room for parking, for ingress. And they've also been able to create on the west side of the existing struc- ture, a driveway for egress to get out of the parking area onto the Main Road. To some extent, I'm not sure why I'm before the Board with what we want to do. I think there might have been some confusion at the last meeting because of the interpretation of the code by the former assistant Building Inspector. This property is zoned business. What we are asking the Board tonight is to permit us to have 2 business uses. Presently this is con- sidered in a B-1 zone, to be quoted; a shopping center. Although in the normal colloquial sense of the word, shopping center, it's anything but a shopping center. Mr. and Mrs. Pressley are using part of the downstairs portion of their building for an antique shop. What we would like to do is to have a separate business unit on the west side on the ground floor level for another busi- ness use and they have been approached by Fred Warren of Warren's Haircutters in Southold who would like to come in and re-establish his business in their building. And when Mr. and Mrs. Pressley went to the Building Inspector, he indicated that we have to come back before the Board to get you to lift your condition saying _ October 2, 1986 pressler "Page 2 Hearing of Edmund and Joan public southold Town Board of APPeals MR. oLSEN (continued): use. Now as I say, this is nl have one businesS a shopping center, we must that we can ' ' ' We have 1.5 plus zoned B-1. ,.in~. There is nO rea have 1 acre and we have more than one acre.- ar~ u ' s use mh~e is plenty ~ room for ~o only one buslnes acreS. ~-Board to liml~ this B-1 f law. The reasOn that son for .... ~+'s a matter o ~s in your ~o~mer ~ ! '-~on under ~P~ -'~- of the ex~z~ '-:~ of the zoning the Boaru u~]~~ ~ould not be wltnln ~ l%nd use pattern in that'S prOpo~u, compatible with thethe ordinanCe permits ordinance and is not~u~ township- Now, --~ acre which we.dO. this area or within ~= ~ .,= ~ore than o~= busz- us to do it as long as we naw~ - I don't think that we need a variance to have a second f the community is con- ~e ~attern o = ~= ordinance be- - -se. Now as ~ '~,~ in the spirit .~ busineSS uses neS~ ~ ~rst of ali; iL_= ~_in~ code perml~ ~ of the com- g parking lotS for cars that they wit~ ~ ' ctlV tO the east ~ ~ building is Mu~ ~ so .... D~re ~-~n~ area ca£1ea · d ~ showroom ~. .~ = little snOFF~ = ~'~en'S are selllng.~n ~ ~he Main RoaO 17 ~ _~ choo with cnmx~ he south slGe oz_~;~h contains Mldd£em~3 ~ t . .~ cornerS w~ · . 's a beaut shop. There Coionl~ . there is a fabric shOp called Fabrics East. ~_~== , Behlnd tha~ ~ = me bu~ldlng 1 ..... s ~ext to that~ cxu~. _~ ~ that in u~= ~a mhmre is a cz~=9~r ~ +he streeL To the~t~e next to that~n-the front slGe, o~ ~ is a eno= ~ ~+h food store ~ .~ _ho~. That'S all on_one There'S a nea~ =-~1 shop and a vlG~°~e %t~eet to the ween side, there'S a uu~ nn our side cz ~ 'de Market. Then east piece of property- u we have WayS~ .... ;th that piece on the corner starting, And in conjUn~t~ "~hich is where of u? 's Thompson'S stor~- building whiCh ~a~, of t~at · _ _ ~= another of property, there ~ ' . ow houseS a health center, Mr. and Mrs. ~ , ~d ootician anu ~.=~ of property ug=~_~, of ==~S (I gueSS~ ~ ~-~ of that P~ . ~+~,, to the ~0~ o=z~ ~orizO. Just ea~_ ~ur oarcel- Dlr~u~and from Mr. an~ name u~ ~ mhen there ~ ~ ~ and I uneeda-- ~ +he Boara ~,acant house. ~= ~+son'S house. ~. =~t written uu ~ ~s there'S Mr'_A~o~t~ Albertson has in .~ they want to do. L~' oressler, that ~- __ ~4ection to w~ ~ business ~'~' ~ ~t he ~as nu ~ another store or indicating u~ is ...... es the follOWl ~ ~ ~s~ a fin~n~ia£ rectly to the east of Mr. Albertson 'n : Albertson'S Realty, · _ ~f ~roperty that n~;te sure what tnau~%~'in addition to pleC~ un~%nhics, (I'm nou_~u~ial ServiceS- .~=+ oiece of proper- ----~ce called Equ~%o_ Now if you ~,~ lwd~%tp~~ that, Seaman'S Boat 'nesS uses that a~e ~h~'kn ~=~re'S 4 bus~ -d. Ana iz 3 we can afford. We have fy, tn= _ - ~=fore the Boaz the parking that Just east they've Deen ~ there'S s another can't argue that to meet the code requirementS' more than enough parking of that is a florist and on that piece of propertY, there' building that has separate rental units for busineSS purposeS. don't think that I knoW of any situation that'S ever come before FPa~e 3 - October 2, Public Hearing of Edmund and Joan Pressley Southold Town Board of Appeals MR. OLSEN:(Continued): the Southold Town Zoning Board that has required anybody to come before the Board that has B-1 property to ask for more than one business use other than this one. And I think it is because of a misinterpretation of the code at the time. We've been noncon- forming and the Board has granted the 2 apartment use. And as I say, I really don't know why we're here and I don't that that the Board has ever requested it before. As far as the area of the antique operation of our building, it contains 12,047 square feet. And the area that would be a separate business use, would hope- fully be for Fred Warren's shop, contains 644 square feet. A total of 18,091. In doing the mathematics according to the bulk schedule, we need 19 spots for the parking for the 2 business uses and 2 spots for each of the apartment uses for a total of 23. We have more than enough room. As a matter of fact, I think we .... Do you have the 23 spots now? MR. PRESSLER: 22. MR. OLSEN: There's 22 parking spots now. There's handicap ramps. The other thing I'd like to bring to the Board's attention is that Mr. and Mrs. Pressler did submit their appliance for the 2 business uses to the Building Department. He made his renovations. He put in his ramps and put his parking and so on in. And you have in your file a certificate of occupancy that was granted to him and it does show the 2 separate uses. One other thing. Just looking where Mr. Warren is now for the haircutting business, he is in the East End Insurance building which has 2 business uses. We have the in- surance business use in the front. That's a relatively brand new building. Certainly since the code has been in effect. And in the rear portion, we have Mr. Warren and there isn't near the park- ing that Mr. and Mrs. Pressler can afford. I don't think there's any purpose in denying us the use. As a matter of fact, I don't think you can deny it. I think we have it as a matter of the law and I don't think we should be before the Board on this particular issue. Also I may state that the Planning Board did grant site plan approval on that project with the 2 business uses. So I re- spectfully request that you permit to us the separate west side portion of the building downstairs for a separate business use. CHAIRMAN GOEHRINGER: Thank you very much Mr. Olsen. I was just going to ask the square footage but I noticed he put it in here. 630 square feet. MR. PRESSLER: There are 2 ways of looking at it, 644 and 630. When I did the parking layout, I based it on 644. MR. OLSEN: The pertinent section of the zoning code if you're wondering, is section 100-62 subparagraph B. The main topic is called retail shopping centers. The lot area shall not be less than 1 acre and shall not have a width of less than 150 feet but this is a pre-existing building on a pre-existing parcel. ,/Page . october 2, 1986 pressler 4 ~earing of Edmund and Joan public southold Town Board of APPeals Is there anybody else who would_ like to _sp~ no further q~e~t~nti1 later. u~--.n and reserVln9 hear~ g Ail in favor - aye. Teanscribed ~rom cassette tapes recorded during the hearing- P '~ D T~LD~ Southold, N.Y. 11971 (516) 765-1938 March 5, 1986 Mr. Ed Pressler Grove Drive Southold, NY 11971 Re: Site Plan for Ed Pressler Dear Mr. Pressler: The following action was taken by the Southold Town Planning Board, Monday, March 3, 1986. RESOLVED that the Southold Town Planning Board refer the following comments to the Board of Appeals regarding the application of~..~essle~ located at Main Road, Southold.. The Planning Board reviewed the proposal to utilize the above mentioned premises as a continuing noncoforming two family dwelling with retail and/or office use, and it was noted that the Board had no objections to the proposal. The applicant has complied with all requests of the Board, and the Darkinq is suitable for the uses proposed. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD Board of Appeals By Diane M. Schultze, Secretary 'X,X'x' ' / SCALE- 50': t O, I D~Ot,i PIPE ~ ? qONToUr4:S '¸I / \ / / / / / / 7:35 p.m. Appeal No. 3559 - LEONARDUS AND MARIE VANOUDRNALLEN. Vari- ance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with an insufficient frontyard setback, at 230 Sailor's Lane, Cutkhogue, NY; District 1000, Section 111, Block 14, Lot 07. 7:40 p.m. Appeal No. 3555 - SHIRLEY HOMAN. Variance to the Zoning Ordinance, Article III, Section 100-31 for permis- sion to construct addition to dwelling with an insufficient rearyard setback, at 160 Smith Drive, Peconic, NY; District 1000~ Section 98, Block 3, Lot 38. 7:45 p.m. Appeal No. 3554 - NORMAN AND KAREN REICH. Variance to the Zoning Ordinance, Article Ill, Section 100-31 for permission to con- struct dwelling with an insuffi- cient rearyard setback, at 1809 Eight-of-Way off the East Side of Rocky Point Road, East Marion, NY; District 1000. Section 31, Block 3, Part of Lot 10; Kimon and Retzos Minor Subdivision #81, Lot #2. 7:50 p.m. Appeal No. 3547 - JOSEPH AND CATHERINE RIEMER. Variance to the Zon- ing Ordinance, Article III, Sec- tion 100-31, Bulk Schedule for struct dwelling with insufficient total sideyards, insufficient (northwesterly) side-yard, and insufficient front yard; (2) XI, Section 100-119.2(B) for permis- sion to construct addition and re- construct dwelling within 75 feet of tidal wetlands along Spring Pond, Orient Harbor. Lo- cation of Property: 330 Knoll Circle, East Marion, NY; "Map of Section Two, Gardiners Bay Estates," Subdivision Lots 27 and part of 28; County Tax Map District 1000, Section 37, Block 5, Lot 12. 8:25 p.m. Appl. No. 3487-SE - CHURCH OF THE OPEN DOOR. Special Exception to the Zoning Ordinance; Article III, Section I00-30(B)|2] for permis- sion to construct and establish House of Worship with related relig/ous activities on a five-acre tract of land ~eferted to as Lot #3, Minor Subdiv{ifion of Salve- tore Catapano, which received Sketch-Plan Approval 4/14/86 by the Town Planning Board. Location of Property: West Side of Main Bayview Road, Seuth- old, NY; County Tax Map Dis- trict 1000, Section 69, Black 6, Part of Lots 8 arid 2. (Current Owners: S. andor. Catalmno). ~ ' 8:45 p.m. ,.A.~! No. 3560 - '~ EDMUND AND JoAN PRES- SLER. A~ horn Bnilding lu- ~ector Notice of~l ~tai 1/2/86 and Z~A Action 3463 dat~i 5~6~1, ~i Vari- zti¢le ~ql, 8m~.~on 100-71, Bulk ~ehmlule and Artie~ VII, See- :ia? 100-70(A)lll(d) f~r permia- ~uaineaa u~e in eo~tmOAon with ~l~iag nonconforming two- family dwelling and antique- ~of 68~12 ~q. K. in area and 95.44 !K. lot width. LoeaOon of Prop- 'erty: ~B-I" Oeneral Buaineaa fZoning District, Horth Side of : Main Road, ~outhold, NY; County Tax Map Parcel No. : The Board of Appeals will hear at said time and place all ~eraon~ or representative~ deair- .lag to he heard in each of the above hearings. Written com- ments may alao he submitted prior to the conclusion of the subject hparing. For more infor- mation, please call 765-1809. Dated: September 11,'1986. ; BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, ITS25-5362 ~TATE OF NEW YORK ) ) 88: COUNTY OF SUFFOLK } K~-h~'r'i n~ '~n,'q,~',~h~le Of Greanport, in uld County, being duly sworn, .ays that ha/gh® Is Principal Clerk of THE SUFFOLK TIME8, a Weekly Newspaper, publlahed at Greanport, In the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, haa been regularly publlsh®d In said Newspaper once each week for 1 weeks successively, commencing on the 2 5 dayof SeDt:embe; 19 ~ NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of theTown Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF AP- PEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting com- mencing at 7:30 p.m. on THURSDAY, OCTOBER 2, 1986 and as follows: 7:35 p.m. Appeal No. 3559-LEONARDUS AND MARIE VANOUDEN- ALLEN. Variance to the Zon- ing Ordinance, Article I11, Sec- tion 100-31 for permission to construct addition to dwelling with an insufficient frontyard setback; at 230 Sailor's Lane, Cutchogue, N.Y.; District 1000, Section 111, Block 14, Lot 07. 7:40 p.m. Appeal No. 3555-SHIRLEY HOMAN. Variance to the Zoning Or- dinance, Article 111, Section 100-31 for permission to con- struct addition to dwelling with an insufficient rearyard setback, at 160 Smith Drive, Peconic, NY; District 1000, Section 98, Block 3, Lot 38. 7:45 p.m. Appeal No. 3554-NORMAN AND KAREN REICH. Variance tn the Znn'.'ng Ordinance, Article Ill, Section 100-31 for permission to con- struct dwelling with an insuffi- cient rear yard setback, at 1809 County Tax Maps as District 10C~0. Section 53, Block 4, Lot 32. 7:55 p.m. Appeal No. 3503-GEORGE D. DAMIEN. Variance requesting confirma- tion of Building Inspector's ac- tions and prior Z.B.A. Decision Rendered underAppealNo. 949 of 9/1/66, recognizing two separate building lots, having insufficient area, width and depth as required by Article Ill, Section 100-31, Bulk Scheduling of Zoning Code. Location of Property: Corners of Jackson, Fifth and Main Streets, New Suffolk, NY; County Tax Map District 1000, Section 17, Block 9, Lot 12. 8:00 p.m. Appeal No. 3484-PHILIP AND ELLEN BELLOMO. Variance to the Zoning Ordinance, Article Xl, Section I00-119.2(C) for per- mission to construct addition at rear of dwelling with an insuf- ficient setback from wetlands along Great Pond, at 7455 Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 59 Block 6. Iot 8. 8:05 p.m. Appeal No. 3552-JOHN SENKO. Variance to the Zoning Ordinance, Arti- ~t~f-Wa}' off the East Side cie VIl, Section 100-70, ami Ar- ~~f Lot I~: ~¢: ' lng~ ~ ~ *'~ ?~"'*~-I" Kimon and Retzos Minor Sub- division No. 81, Lot No. 2. 7:50 p.m. Appeal No. 3547-JOSEPH AND CATHERINE RIEMER. Variance to the Zoning Or- dinance, Article 111, Section 100-31, Bulk Schedule for ap- proval of insufficient lot area. width and depth of two parcels known and referred to as Lots No. 96, 97, 98 and half of 99 at Peconic Bay Estates, Map No. 1124, and identified on the General Business Zoning District with insufficient lot area at 49295 Main Road (a/k/a Ackerly Pond Lane), Southold, NY; County Tax Map District 1000, Section 70, Block 07, Lot 01, containing 30,084+ sq. ft. 8:10 p.m. Appeal No. 3553-EUGENE BOZZO. Variances to the Zoning Or- dinance, Articles: (1) XI, Sec- finn 100-119.2 for permission to construct dwelling with an in- sufficient setback from wetlands/tidal water along Great Peconic Bay; (2) 11i, Sec- tion 100-32 to relocate accessory garage building in the frontyard area; (3) Ill, Section 100-31, Bulk Schedule, to construct with lot coverage of all struc- tures in excess of maximum- permitted 20 percent. Location of Property: South Side of Camp Mineola Road, Mat- tituck; County Tax Map District 1000, Section 123, Block 6, Lot 27. 8:15 p.m. Appeal No. 3557-ROBERT EGAN. Variances to the Zoning Or- dinance, Articles (1) lIl, Section 100-31 to reconstruct dwelling with insufficient total sideyards, insufficient (northwesterly) side yard, and insufficient front yard; (2) Xl, Section 100-119.2(B) for permission to construct addition and reconstruct dwelling within 75 feet of tidal wetlands along Spring Pond, Orient Harbor. Location of Property: 330 Knoll Circle, East Marion, NY; "Map of Section Two, Gardiners Bay Estates," Subdivision Lots 27 and part of 28; County Tax Map District t000, Section 37, Block 5, Lot 12. 8:25 p.m. Appl. No. 3487-SE-CHURCH OF THE OPEN DOOR. Special excep- tion to the Zoning Ordinance, Article 111, Section 100-30(B)[2] for permission to construct and establish House of Worship with related religious activities on a five-acre tract of laud referred to as Lot No. 3, Minor Subdivision of Salvatore Catapano, which received Sketch-Plan Approval 4/14/86 by the Town Planning Board. Location of Property: West Side of Main Bayview Road, Somhold, NY; County Tax Map District 1000, Section 69, Block 6, Part of Lots 8 and 2. (Current Owners: S. and J. Catapanol. 8:45 p.m. Appeal No. 3560-EDMUND AND JOAN PRESSLER. Appeal from Building Inspector Notice of Disapproval dated I/2/86 and ZBA Action No. 3463 dated 5/6/86, and Variance to the on ng Ordinance, Article VII, Section 100-71, Bulk Schedule and Article VII, Section 100-70(A)[IJ(d) for permission to establish a second retail/business use in conjunc- tion with existing nonconform- ing two-family dwelling and antique-sales business use on this parcel of 68,912 sq. ft. in area and 95.44 ft. lot width. Location of Property: "B-I" General Business Zoning District, North Side of Main Road, Southold, NY; County Tax Map Parcel No. 1000-63-3-26. The Board of Appeals will hear at said time and place all persons or representatives desir- ~ng to be heard in each of the above hearings. Written com- ments may also be submitte,4~ prior to the conclusion of the subject hearing. For more infor- mation, please call 765-1809. '" Dated: September 11, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary IT-9/25/86t 16) II~uNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, bein§ duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week / for ........................... weeks successively, commencing on the ........ . .~..j~..z~. ....... Sworn to before me this ......... ..c~. ? ....... day of · .~..~... ........ ~9..~..~. Notary Public BARBARA FORBES Notary Public, State of New York No. 4806846 Qualified in Su£fo]k County Commission Expires ~.~2'~/ 19 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, OCTOBER 2, 1986 and as follows: 7:35 p.m. Appeal No. 3559 - LEONARDUS AND MARIE VANOUDEN- ALLEN. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to-dwelling with an insufficient frontyard setback, at 230 Sailor's Lane, Cutchogue, NY; District 1000, Section ll], Block }-4,~ Lot 07. 7:40 p.m. Appeal No. 3555 ' SHIRLEY HOMAN. Variance to the Zoning Ordinance-, Article III,-Section 100~31 for permission to construct addition to dwelling with an insufficient rearyard setback, at 160 Smith Drive, Peconic, NY; District 1000, Section 98, Block 3, Lot 38.~ 7:45 p.m. Appeal No. 3554 - NORMAN?AND KAREN REICH. Variance to the Zoning Ordinance, Article III, Section lO0-31 for permission to construct dwelling with an insufficient rear- yard setback, at 1809 Right-of-Way off the East Side of Rocky Point Road, East Marion, NY; District lO00, Section 31, Block 3, Part of Lot lO; Kimon and Retzos Minor Subdivision #81, Lot #2. 7:50 p.m. Appeal No. 3547 - JOSEPH AND CATHERINE RIEMER. Variance to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule for approval of insufficient lot area, width and depth of two parcels knowh ~nd referred to as Lots #96, 97, 98 and half of 99 at Peconic Bay Estates, Map #1124, and identified on the County Tax Maps as District 1000, Section 53, Block 4, Lot 32. 7:55 p.m. Appeal No. 3503 GEORGE D. DAMIEN. Variance requesting confirmation of Building Inspector's actions and prior Z.B.A. Decision Rendered under Appeal No. 949 of 9/1/66, recognizing two separate building lots, having insufficient area, width and depth as required by Article III, Section 100-31, Bulk Schedulg of the Zoning Code. Location of Property: Corners of Jackson, Fifth and Main Streets, New Suffolk, NY; County Tax Map District 1000, Section 17, Block 9, Lot 12. N Page 2 Notice of Hearings Regular Meeting - October 2, 1986 Southold Town Board of Appeals 8:00 p.m. Appeal No. 3484 PHILIP AND ELLEN BELLOMO. Variance to the Zoning Ordinance, Article XI, Section 100-119.2(C) for permission to construct addition at rear of dwelling with an insufficient setback from wetlands along Great Pond, at 7455 Soundview Avenue, Southold, NY; County Tax Map District lO00, Section 59, Block 6, Lot 8. 8:05 p.m. Appeal No. 3552 - JOHN SENKO. Variance to the Zoning Ordinance, Article VII, Section 100-7O, and Article VI, Section 100-62(B), for permission to establish shopping center use in this "B-I" General Business Zoning District with insufficient lot area at 49295 Main Road (a/k/a Ackerly Pond Lane), Southold, NY; County Tax Map District 1000, Section 70, Block 07, Lot 01, containing 30,084± sq. ft. 8:10 p.m. Appeal No. 3553 - EUGENE BOZZO. Variances to the Zoning Ordinance, ArtiCles: (1) XI, Section 100-119.2 for permission to construct dwelling with an insufficient setback from wetlands/tidal water along Great Peconic Bay; (2) III, Section 100-32 to relocate accessory garage building in the frontyard area; (3) III, Section 100-31, Bulk Schedule, to construct with lot coverage of all structures in excess of maximum-permitted 20 percent. Location of Property: South Side of Camp Mineola Road, Mattituck; County Tax Map District 1000, Section 123, Block 6, Lot 27. 8:15 p.m. Appeal No. 3557 ROBERT EGAN. Variances to the Zoning Ordinance, Articles: (1) III, Section 100-31 to reconstruct dwelling with insufficient total sideyards, insufficient (northwesterly) side yard, and insufficient front'yard; (2) XI, Section lO0-119.2(B) for permission to construct addition and reconstruct dwelling within 75 feet of tidal wetlands along Spring Pond, Orient Harbor. Location of Property: 330 Knoll Circle, East Marion, NY; "Map of Section Two~ Gardiners Bay Estates," Subdivision Lots 27 and part of 28; County Tax Map District 1000, Section 37, Block 5, Lot 12. Page 3 Notice of Hearings Regular Meeting - October 2, 1986 Southold Town Board of Appeals 8:25 p.m. Appl. No. 3487-SE CHURCH OF THE OPEN DOOR. Special Exception to the Zoning Ordinance, Article III, Section 100-30(B)[2] for permission to construct and establish House of Worship with related religious activities on a five-acre tract of land referred to as Lot #3, Minor Subdivision of Salvatore Catapano, which received Sketch-Plan Approval 4/14/86 by the Town Planning Board. Location of Property: West Side of Main Bayview Road, Southold, NY; County Tax Map District 1000, Section 69, Block 6, Part of Lots 8 and 2. (Current Owners: S. and J. Catapano). 8:45 p.m. Appeal No. 3560 EDMUND AND JOAN PRESSLER. Appeal from Building Inspector Notice of Disapproval dated 1/2/86 and ZBA Action #3463 dated 5/6/86, and Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule and Article VII, Section lO0-70(A)[1](d) for permission to estab- lish a second retail/business use in conjunction with existing nonconforming two-family dwelling and antique-sales business use on this parcel of 68,912 sq. ft. in area and 95.44 ft. lot width. Location of Property: "B-l" General Business Zoning District, North Side of Main Road, Southold, NY; County Tax Map Parcel No. 1000-63-3-26. The Board of Appeals will hear at said time and place al persons or representatives desiring to be heard in each of the above hearings. Written comments may also be submitted prior to the conclusion of the subject hearing. For more information, please call 765-1809. Dated: September ll, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary ATTENTION NEWSPAPERS: Please publish THURSDAY, SEPTEMBER 25, 1986 and forward 11 affidavits of publication On or before Sept. 30th to: Board of Appeals, Main Road, Southold, NY 11971. Notice of Hearings of 10/2/86 Mailing List Copies 9/23/86 to: Mr. Jerry Horton, Box 1442, Mattituck 11952 Mrs. M. VanOudenallen, 230 Sailors Lane,.Cutchogue 11935 Environment East Inc., 3075 Indian Neck Lane, Peconic 11958 Mrs. S. Homan, 160 Smith Drive, Peconic 11958 Mr. and Mrs. Norman Reich, 295 west Front st, Greenport 11944 Mr. and Mrs. J. Riemer, Box 640, BayShore Road, Greenport 11944 Mr. George D. Damien, P.O. Box 626, New Suffolk, NY 11956 Mrs. Noel P. Birkby, Architect, 155 West 19th St, NY, NY lOOll Mr. and Mrs. Philip Bellomo, 25 Joyce Road, Plainview, NY 11803 Mr. Garrett A. Strang, Architect, Main Road, Southold, NY 11971 for ~Egan, Bozzo a~d Senko Paul A. Caminiti, Esq., 54075 Main Road, Southold, NY Richard J. Cron, Esq., Main Road, Cutchogue, NY 11935 Re: Church of Open Door 11971 Gary Flanner Olsen, Esq,, Box 706, Main Road, Cutchogue, NY 11935 Mr. and Mrs. Edmund Pressler, 56025Main Road, Southold, NY 11971 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 18, 1986 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal NO. 3560 application of Edmund and Joan Preseler for a variance. Also included is letter relative to NYS Tidal Wetlands Land-Use; Short Environmental Assessment Form; Certificate of Occupancy issued by the Building Department; Notice to Adjacent Property Owners; and survey. Judith T. Terry Southold Town Clerk FORM NO. 4 1OWN OF SOUIilOLD BUILDING DEPARTMEN[ Office of the Building luspector Town Ilall Southold, N.Y. Cerlificate O[ Occupancy Aug. 4 86 No. Z14750 Date ................................. 19 ... THIS CERTIFIES that tile building · · Alteration ............... 5~925 Main Road Street Southold .............. ............................................... Location of Property House No. County Tax Map No. 1000 Section .063 ........ Block · · · .3 ........... Lot .... .2.6 ........... Subdivision ............................... Filed Map No ......... Lot No .............. conforms substantially to the Application for Buildiug I'ermit heretofore filed in this office dated 1481BZ pril 21 , 19.86pursuaut to which Building Permit No. dated ..... May..3 ................. 19.8.6., was issued, and couforms to all of the requiremeuts of tile applicable provisions of the law. The occupancy for which this certificate is issued is ......... ...... A~tego.~i9~. ~n e.~istinq building .................... The certificate is issued to .. · BD. Mtj~ID. ~ ,JOAN PI~-ESSLEII ......................... ...... Of the aforesaid building. Suffolk County Department of llealth Approval N/A .............. UNDERWRITERS CERTIFICATE NO ................... N/.A ...................... Building Inspector A~. 1181 FORM NO. 4 TOWN Ol? ,~OUTIIOI.D Smflh*)hl. [~'. Y. Certificate Of Occupancy THIS CERTIFIES that the building located at . N./8. N~:l.n. Road .......... Street Map No...:11:~ ....... Block No...xx ...... Lot No. XXX..$outhol~..I/oY., .......... conforms substantially to the Application for Building Permit heretofore filed in this office dated .......... ~Tal~ .... ~..., 19.~.2. pursuant to which Building Permit No.. ..d~ted .......... .~'.~n...~. ..... , 19.72., was issued, and conforms to all of the require. ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . .l[h'J,v. ate. J;wo. l"am~.ly..d~e~12.:l, ng .-. ~.th. clocto~.s, o/'£ioe ............ The certificate is issued to . ~/m,. I-t, .Donlan. ~ ..... Owner ......................... (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval . .N..B .. .............................. UNDI~RWRITI:.RS CI".RTIFI('ATF No .... pending tlOUSli NUMIII.:R..~6DO~ ..... Sm.c! TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Cerlificnte Of Occupnncy .No...Z~..lt ....... D.,te .............. Dee...~J .... .... , 19 ..76 THIS CERTIFIES that the building located at . .N/I~....l~le~ .]~0~]L Street Map No.. ~ ....... Block No...x~x. ....... Lot No...~ .... I~p.~l~p~..]~.,.~, ....... conforms substantially to the Application for Building Permit heretofore filed in this office dated ..........: ....... .A..1~, 1~...~. pursua.nt to which Building Permit No..?i~..6.~.~.. dated ..........A..1~...6. ...... , 19. ~.~., was, issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued i~ PF~..~.a, te ~n~:l~J~ I)oo3. ¥~.t.h.f..e.nc.q & .a. qc.e.~.~.o.l'y.I. The certificate L~ ~ssued to .D..r..~.~.]...1.~..~...Do.z'~.a..n ..... . .O~.e.r. ........................ (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval .1~ ,~,, ............................... M181626 UNDERWRITERS CER?iFICATE No ............................................. HOUSE NUMBER ..... ~.6.0.2.~... Street .. Eain Road 8out~ho~.d Building Inspector ~I'OWN OF $OUTHOLD, NEW YORK$ APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. I, (We) Edmund and Joan Pressle~ of (no #) G~ove Street. Name of Appellant Street and Number Southo 1 d .... .N, 9.~/...y.g..r~' ........ 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 ( ) ( ) (X) Edmund and Joan'Press]er Name of Applicant for permit of (no #) Grove Street Southold New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY VARIANCE 1. LOCATION OF THE PROPERTY 560 25 Main Road, Southold, NY B-] Genera] Business Street Use District on Zoning Map .................................................................................. Current Owner Edmund and Joan Press]er Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph o{ the Zoning Ordinance by number. Do not quote the Ordinance.) Restrictions under appeal # 3463 to be lifted and Article 7 Section 100-71 and Bulk Schedule. 3. TYPE OF APPEAL Appeal is made herewith {or (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack o{ access (State of New York Town Low Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (Y,~a~X(has.., ) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit ()(,) request for a variance 3" and was made in Appeal No ...... 4.03 ................ Dated ...... 5/6/.86 ............................................ ( I REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that the restrictions under appeal #3463 to be lifted to permit a second business on premises located in a B 1 Zone as shown on a survey ,of Rodrick Van TuyI dated August 3], 1981. F~rm ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because applicants property is zoned B ] and was approved by Southold Town Zoning Board of ^ppea]s under ^ppea] #3463 to be utilized as a non-conforming two family use and a business use. Since said appeal the applicant has eliminated the swimming pool shown on the survey thus increasing the parking ~ea and has also installed two drive ways. The drivemay . on the East side/tar ingress to rear parking area and one on the west side for egress to the Main Road. Applicant seeks by this application to utilize the down stairs to the existing building for an antique shop as well as additional business use. Applicant points out that the property is zoned B 1 genera] business and that it contains ].582 acres and thus meets the area requirements of Section 100-62 (B). This is a pre-existing lot and accordingly applicant seeks a width variance from the required 150 feet under the present zoning code. 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 applicant has a pre-existing parcel and can provide ingress and egress as well as sufficient parking. There is no reasonable basis for the zoning board to limit the business use to only one business particularly since there is more than the required one acre.The Building Oept.under Certificate of Occupan¥ # Z14750 dated August 4,1986 approved the alterations to the existing building which alterations provided for space for the antique business as well a additional space for one:additional business on the west side ground level. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE ,CHARACTER OF THE DISTRICT because the property is zoned B ] which permits more than one business. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) Signature Sworn to this ........................... day of,.....S99.~z.e.m.~b..e.,r ................................. 1986 /// . ~ Z' Notary Public' BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter OT the Petition of : to the Board of Appeals of the Town of Southold : TO: Long Island Railroad - M T A Mr. and Mrs. Lester Albertson Mr. and Mrs. Irwin Thompson NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (~l[~)~:xvove~.~ (~/a~a](~vfl~t,~X~)~(z~(XXX~Y~(~j~(X~V~o~X~] Variance to construct two retai! stores and two family residential use. 2. That the property which is the subiect of the Petition is located adiacent to your property and is des cribedas follows: North - Long Island Railroad, East - Mr. & Mrs. Lester Albertson, ' South - Main Road, West - Mr. and Mrs. Irwin Thompson 3. That the property which is the subject of such Petition is located in the following zoning district: B ! 4. That by such Petition, the undersigned will request the following relief: TO uti lize the premises as a non-conforming two family residential and two retail stores. 5. That the provisions of the Southold Town Zoning Code apJ~licable, to the relief sought by the under- signedare Ar~cle VII F~t. ion lO0-7I Bulk Schedule [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five da~r~p~ior to the date of su.ch hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watch~n, ne~wspapers published in the Town of Southold and designated for the publication of such notices; that y~b or your representative have the right to appear and be heard at such hearing. / / ~ _ . GARY FLANNEI~'~;LSEN~,,~E$~., attorney for Da ted: :~epT~emDer 17, 1986 . ~./~~~ '~ Peti~i~oner Edmun~K~'~nd Joan Pressler Owners'Name%: Post Office Address P. O. Box 706 Main Road Cutchogue, New York 11935 (tel. 734-7666 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Long Island Railroad - M T A R 115 Jamaica Station, Sutphin Blvd., & Archer Ave. Jamaica, New York 11431 Mr. & Mrs. Lester A]bertson Mr. & Mrs. Irwin Thompson Main Road, Southold, NY 11971 82 Topping Drive, Riverhead, New York 11901 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: Lorraine Mauro , residing at 2140 Delmar Dr. t4attttucK, NY llgbZ , being duly sworn, deposes and says that on the 17th day of september ,19 86 , deponent mailed a true copy of the Notice set forth on the re- ~ side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on ~e current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- :% :~flce at Cutchoque, NY ; that said Notices were mailed to each of said persons by (certified) (registered) mail. 19 ic (This side does not have to be completed on form transmitted to adjoining property owners.} FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL ..... _5oc,.ver.~.¢.,O..,..m'.:.W..//.?.7/ PLEASE TAKE NOTICE that ym, r application dated .. ~f~.../?~...55'.. Z..- 19 O[3( for permit to "-~I,,~...G~...~o.... ~-~'g'r~..tg'/~.//.-4.~...e~--'7~..¥/.'~-~.~... ............... at Location of Prol;¢rty ... ~.~O..'~...'7~.../~./'?. ,~t. ~ ........ . .~.77./'1KO'..14~.. --/k/. ~). House NO. Street .... ~l~t~ll'~tt County Tax Map No. 1000 Section .. 0 ..0~..~. ..... Block ...(~. ~. ....... Lot .0. 7-..-. ~.. ...... '--' pN Subdivision ................. Filed Ma o. ................ ~ Lot No. is returned herewith and disapproved on the fol~wing grounds .~. $~:~..~..g~.. ~"'~..~...~ Q'Te~_/,~..'~.c,. ~ r,,~ v. :,:..-....h//,~e,~.~-~, f.~'..o5,~../~..c.L ~ o,~.~... ~.~.~ Southo!d Town Board of Appeals blain Road Southold, NY 11971 Location of Property: _ . Dear Sirs: In reference to the New York State Tidal Wetlands ~iand-Us Regufations, 6 NYCRR, Part 661, and Article 25 of the ~;e:.~ York Environmental Conservation Lav% please be ad';ised thee ~-ubject property i,n the wi'chin appeal annl~ .... ' (pl,~ase check one box) ' ] May be located .within 300 feet of tidal wetland.-. hot.~o, ver, constrtlcted along the water-lyinq edco of this propet'ty is a bulkhead in very good ' condition and at least 100 fees in ,'length. ] bla,y b'e 'located ~ithin 300 feet of tidal wetlands. however, constructed along the wate'r-lyi..= edge of thi~ proper~y is a bul:.:head in ne~_d of (major) repairs, and aour=ximate!v feet in length. ' ' ' not appear to May be located within 300 feet of tidal wetlands; however, constr%~cted al'ong the %;stet-lying edge of this property is a bulkkead less than 100 feet in length. May be located ~.;ithin 300 feet of ' " . t~da! we=lands; and there zs no bulkhead or ..... ~,. )~ · con ..... t~a e:~is~in on the premises. -- Is not located ~ithi,1 300 feet of tidal Wetlands to the best of my kno%.~l~dge.* · " ' ' ndic..,te your property does fall within tile jurisdiction of tile N.y.s' D.E.C. Sincerely you~ ~, NOTE: If proposed project falls t;iuikin D.E.C. jurisdiction, approval must be received anfl Sukmit-.6d to our office befoce your aFplication can be scheduled fo£ a public hca~:ing. The [I.¥.S.,.l~nvironmen[al (~uality Ih:view ,lc[ require', sub- '".::'~:.'Y · mission of t~ form, and an environnmn~ revluw will be ,. ':'.~, 'n,',,':,, , made by this ~ard before any action is~ken. .')," .... ' (a) la order to anawer the quemttonsr{n thta ahort BAr Is la as~od that tho · ~'. prorarer w~l! use currently available ~o~Jttcn conco~n~ tho crot~ct and 'h~ (b) II any question ha~ baen an)~red Yes thn project ~7 b~ n~n~Icnn:~End a' ''~ ,completed Envl~c~ontal Aam~s~m~n~ Fo~ i~ nece~=az-y. .. . d} A~e~ent ..'{"'r ' than lO acre~ o£ lend? · , , , , , , o ,. ,' , , .... · 2. Will there be a ~aJor chanKe to an7 unique or unueual land £or~ £ound on th~ alta? , . . . . WLLi project alter or ,~ve a large effect on an axiotin& body o£ water? . , , , , . . , . , &, Will project h~vo a potentially large Lmp~c~ on ~.~ater quality? , , . . , , , , . 8. Will project affect any threatened or endangered plan: or anL~.~l ~pecXea? . . . , , , . . , . . W~i project rem~t In ~ m~Jor pdvor~o o~fect air quality? , , , . , ....... 8, W~I project have a ~Jor e~fcct on visual Will p~oJect adversely ~pact any site or crc of historiC, pro-hi~tor~c, or pal~ontologicul l:portance or any mite dominated aa n critical env~ro~en~l a~ea by a lOcaL ~onc7? . . . 10, W~I project h~ve a ~Jor effect cn cx~t~g or 11, Will project result ln'~JJor traffic problem~ or 12. Will project re~z'17 cause objectionable odor~., ~ol~c, ~lare, vlbrntlon, or c)cctriccl dlatur~ anco a~ ~ reset o~ the proJcct'~ operation? l), Will project have any impact on p~b).lc health ~ety'~ , , , , · , , , , 1~, W1)I project ~Fuct thc existing co~unity by directly c~uslnK a ~rcwth In Gurmnnent pop~l~- period ~ have ~ m~jor nocatsve eF[uct o~ ..... S Ye~ "~/" No Yes t;o '."J ,.~ :' Yes !1o Southold Town Board of Appeals MAIN ROAD- -~TATE ROAD 25 SOUTHDLD, L.I. N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRING£R, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H, SAWiCKI S.E.Q.R.A. March 13, 1986 NEGATIVE ENVIRON~[ENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3463 PROJECT NAME: EDMUND PRESSLER This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of tho N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending' for the same or simi].hr project. TYPE OF ACTION: [ ] Type II [X] Unlisted [ ] DESCRIPTION OF ACTION: Variance to utilize premises of 68,9]2 sq. ft. in area as a continuing nonconforming two-family dwelling and add two retail sales/office uses in this "B-1' General Business LOCATION OF PROJECT: Town of Southold, County of S~ffolk, more parti, cularly kuown as: Zone. North Side of Main Road, Southold; 1000-63-3-26. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Euvironmental Assessment in the short form has been submitted which indicates that no signifioant adverse effc~cts to Lhe environment are likely to occur should this project be imple- mer':te~ as planned; %) The relief requested is not directly related to new construc- tion t rather uses of existing structure. (3) The premises is not located within 300 feet 'of tidal wetlands. FOR FURTIIER INFORMJITION, PLEASE CONTACT: Linda Kowalski, Secretary, S,3uthold Town Board of Appeals, Towu Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to t[ie applicant or his agent and posted ~n the Town Clerk Bulletin Board. T .]