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HomeMy WebLinkAbout3002 SlAe � Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I.. N.Y. TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3002 Application Dated May 26, 1982 TO: Mr. David E. Kapell as agent for Athanasios Spinthourakis 143 Sixth Street Greenport, NY 11944 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on October 21, 1982 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 IX] Request for Special Exception under the Zoning Ordinance Article V , Section 100-50 (B) & (C) [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for WHEREAS, on May 26, 1982, applicant submitted this application for a Special Exception to the Zoning Ordinance for permission to construct an accessory detached garage structure, pursuant to the Notice of Disapproval dated February 19, 1982 of Building Inspector George H. Fisher; WHEREAS, this board held this application in abeyance pending Site Plan approval from the Planning Board; WHEREAS, the Planning Board on September 27, 1982 referred this matter to the Building Department for Certification as required by the zoning code; and WHEREAS, the certification of Building Inspector Edward F. Hinder- mann dated October 13, 1982 indicates that this proposed structure would be incidental to the present use of the premises and is accessory to the principal building and use, without requiring an approval from this board for a Special Exception; NOW, THEREFORE, BE IT RESOLVED, that Appeal No. 3002, application for ATHANASIOS SPINTHOURAKIS (Blue Dolphin Motel), be and hereby IS WITHDRAWN WITHOUT PREJUDICE for the reason stated above. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. RECEIVED AND FILED BY TIlE SOUTHOLD TOWN CLERK ,, DATED: November 11, Form ZB4 (rev. 12/81) 1982. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS ':~"~'~'" .... lApp $outhold Town Board o eals MAIN RE]AD- STATE ~r~AD 25 SI-iUTH{3LD. L.l., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMRERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR SERGE DOYEN, JR ROBERT J. DOUGLASS JOSEPH H. SAWICKI November 12, 1982 Mr. David E. Kapell 143 Sixth Street Greenport, NY 11944 Re: Appeal No. 3002 Application for Athanasios Spinthourakis Dear Dave: Please find enclosed a copy of the formal action made by this board withdrawing the above application as requested, which should be made part of your records. Yours very truly, Enclosure Copy of Decision to Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary Southold Town Board off'Appeals MAIN ROAD- STATE: ROAD 25 SOUTHOLD, L.I.. N.Y. llg71 TELEPH~)NE (516) 765-1809 APPEALS BOARD MEMRFRS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR SERGE DOYEN. JR ROBERT J. DOUGLASS JOSEPH H. SAWiCKI October 14, 1982 Mr. David E. Kapell 143 Sixth Street Greenport, NY 11944 Re: Application No. 3002 Athanasios Spinthourakis Dear Dave: Attached for your file is a copy of a memorandum received today from the Building Inspector's Office in which the Execu- tive Administrator, Victor Lessard, has determined that no approvals are required from the Zoning Board of Appeals con- cerning this proposed "Accessory garage structure." Accord- ingly, this matter will be discussed at our next Regular Meeting, October 21st if you wish to withdraw the application. Please call if you have any questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Enclosures Secretary Memo from BUILDING INSPEC'2'ORS OFFIC'E TOWN OF SOUTHOLD TOWN HALL, SOUTHOLD, N. Y. 11971 765-1802 DATE: TO: FROM: SUBJECT: October 14, 1982 Zoning Board of Appeals Exec. Administrator Victor Lessard Blue Dolphin Motel Gentlemen: Review~g the Code Book and Inspector Hindermann's site Certification, I have arrived at the following determination. I see no required from your Department. approvals necessary Site Plan approval from the Planning Board is all that is re- quired in this case. Hoping this clears up the matter, I Pemainl cc Planning Board ~dum from.... $outhold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 To: i!r. Lcssard, From: Z.G.A. Date: lO/1.4/q~, . £2c~_'c u ~ive Adminis tr ato Ne are in rec~iut of thc Octobe~ 13, 13J2 c-efti~ication ~rom Ed llindcr:mlnn. A;s you may be oA~are, we have xn appl. ica-- tion for a Special Exception pendin? for this "accessory detached garage" to be !ocau~d as shown on th~/ ;sAt~ plan certi~:i~d by ~r. l!indori:taun, i'he Special Exception application was filed pursuant to a "Notice of Disapproval" dated February 19, 1982 by Georc,~ Fisher, re([uirinc n Smecia} Nxctption and a Please clarify your dcnarh~ent's dete~ination as to what annrovals are necessary. Thank you. Memorandum from.... BUILDING INSPECTORS OFFICE TOWN OF $OUTHOLD TOWN HALL, SOUTHOLD, N. Y. 11971 765-1802 DATE: TO: FROM: SUBJECT: October 14, 1982 Zoning Board of Appeals Exec. Administrator Victor Lessard Blue Dolphin MoteI Gentlemen: Reviewing the Code Book and Inspector Hindermann's site Certification, I have arrived at the following determination. I see ~__o required approvals necessary from your Department. Site Plan approval from the Planning Board is all that is re- quired in this case. Hoping this clears up the matter, I remain, cc Planning Board TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 October 13, 1982 TEL. 765-1802 Planning Board Town of Southold Main Road Southold, N.Y. Subject: Certification of site plan Blue Dolphin Motel for construction of aecy garage Gentlemen: The subject premises is located in the M-1 Zoned District and the present use is permitted under Art. V, Sec. 100-50 B(4}. An accessory building as an incidental or subordinate use in connection with the present use is permitted, (Art. V, Sec. 100-50 C (1) & (2)). In the M-1 Zone there are no regulations governing set backs for accessory buildings, however, the set backs as shown on the site plan meet re.quirements of principal buildings, Art. V, Sec. 100-51, Bulk Schedule. This certification is submitted in accordance with Art. XIII, Sec. 100-133 C, relative to Zoning requirements. Building & Housing Inspector EFH:ec xc Board of Appeals ,' David Kapell, agent (Attch.) HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 TELEPHONE 765-1938 September 27, 1982 Mr. Victor Lessard Building Administrator Southold Town Hall Southold, New York 11971 Re: Spinthourakis Site Plan Blue Dolphin Motel Dear Mr. Lessard: The following action was taken by the Southold Town Planning Board, Monday, September 20, 1982. RESOLVED that the Southold Town Planning Board forward the site plan of Athanasios Spinthourakis, for the construction of a garage on the property known as Blue Dolphin Motel, located at East Marion to the Building Inspector for certification. Attached please find two copies of the proposed site plan. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD Attch. cc: Board of Appeals/ David Kapell, agent By Susan E. Long, Secretary TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL [)ate ........................... 19: .... PLEASE TAKE NOTICE that your application dated ........................... 19 ..... qc~ ~('~ r,~' ,,( ._3:SE-ct*(: H ~ t:~, for pemit to construct. ~ ...... -... ...... . at ~unty T~x Ma~ No. I000 Section ..... ;-. ....... Block ............ Filed Map No ~t No Subdivi~on .............................................. is returned herewith and disapproved on the following grounds .~( ¢.:~'~ ~.. ~., ,~ N~E~ ~PEO/AL E'~('EP'I~t'~V ~~JEc7 ~ ~y..'~"~,, ,-~.¢ T(~'g% ~:~r X~ ~,',o- 2o~. b rl-I 2~3'n-etcT · ~~. Building Inspector RV 1/80 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board o£Appeals MAIN ROAD- STATE RrlAD 2.5 SIDUTHIDLD, L.I., N.Y. 'llcJ'T1 TELEPHONE {516) 765-1809 TO: DATE: SUBJECT: Southold Town Planning Board May 29, 1982 Application for Athanasios Spinthourakis Property at Main Road, East Marion (Blue Dolphin Motel) Gentlemen: On May 26, 1982 the above application for a Special Exception was filed concerning a proposal to construct a 32' by 32' accessory one-story frame garage in the rearyard area of the subject premises as shown on the attached survey dated 6/30/72. It is our understanding that a review is being made as to whether a Special Exception is actually required pursuant to Section 100-50; however, it is the determination of the build- ing inspector that in any event, approval from the Planning Board will be necessary. At a Regular Meeting by this board held May 26th, it was the consensus of the board to hold this matter in abeyance pend- ing review by your department. In the interim, if it is interpreted that an application to this board is not necessary, the applicant will not have lost time in the processing of his application by the building department, etc. Your review of this proposed plan will be appreciated by all concerned. Yours very truly, GERARD P. GOEHRINGER, CHAIRMAN By Linda F. Kowalski, Secretary cc: Mr. David E. Kapell as agent l~lem~ndum from.... Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 To.' From: Date: 5/19/82 G~orge Fill%er Senior Bililding Inspector ZBA office Spinthourakis, Aehanasios Your Disapproval Dated 2/19/82 Accessory Gara~to~xistingMotel Main I%oad & Old Shipyard Lane, E.M. Article V, ~c~ic,~ 10~--36, S~bsection "C" lists accesso.~_z u~es ~cidental to any pexmitted.use as a~_~_~%t_ed uae. Could you expiainyour Notice ~--6isapproval requir~ng a Special Exception for a garage? I am thoroughly confused. Linda P.S. Dave Kapell ~ an amended plan sho~ing this garage as meeting all the req%lired setbacks ~.nd therefore no variance se-ms to be required for setbacks. JUDITH T. TERRY TOWN CLERK REGISTRAR O~ VITAL STATISTICS K Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 May 26, 1982 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 3002 application of Athanasios Spinthourakis for a special exception. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice o~ Disapproval from the Building Department; and survey.~~ .. ~_~te.~.~ Town Clerk JTT/Dn Enclosures Rr Vm ,MAYi 6 OF SOUTHOD, NEW YORK APPPLICATION FOR SPECIAL EXCEPTION APPLICATION NO~ DATE ..Ma¥.......I.~.,...198 2 TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. Y. Athanasios Spinthourakis /~ -)iv;//' I, (We) Pa~.~.~;..~.~P.e~las agent of~~St~et NAME STREET AND NUMBER MUNICIPALITY New York STATE hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE ARTICLE V SECTION 100 - 50 ( B ) & ( C ) SUBSECTION THE SPECIAL EXCEPTION IS REQUESTED BECAUSE Applicant wishes to attached in theM-1 a use permitted by construct a garage as shown on plan General Multiple Residence District which Special Exception. STATE OF NEW YORK ) ) ss COUNTY OF Suffolk) Sworn to this ]% ~,~y of M~ay .~, 1~982 FREDERICK A TEDE$CHI NOTARY PUBLIC, State of New Yor~ No. 52'3945400 (~uaJifi~d Jr~ Suffolk Counb/ COmmission EXpires March 30, I~' ~'~ Si SATURE ................. FORM ZB2 APPLICATION NO~o~ DATE ...Hay......!. ~......1 9 8 2 NAME STREET AND NUMBER MUNICIPALITY New York STATE hereby apply to THE ZONING BOARD OF APPEALs for a SPECIAL EXCEPTION in accordance with the ZONING ~RDINANCE ARTICLE V SECTION 100-50 (_B) &CC ) SUBSECi'ION SPECIAL EXCEPTION IS REQUESTED BECAUSE Applicant wishes to construct a garage as shown on plan attached in theM-1 General Multiple Residence District which is a use permitted by Special Exception. STATE OF NEW YORK ) ) SS ................. COUNTY OF Suf fo lk ) / SIONATURE~ / Swom ~o this .....!? ....da.v-of Mg.Y , 1982 FREDERICK J. TEDESCHI NOTARY PUBLIC. Sfote of t,~o 52-3945400 Commission Expires March ~0, FORM ZB2 SHORT EHVIRONkJENTAL ASSESS~4~HI iHSTRUCTIONS: '' -----Ca) I~ order to ans~'~er the questions in this short EAF ~t is assumed that the preparer ~'~ill use. currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) If all questions have been answered Ho it is likely %hat project is not significant. . · (dj Environmental Assessment ]. %'Jill project resul{'"in a large physical change to the project site or physically alter more Yes, x No than 10 acres of land? ....................... 2. %'Iill there be a major change to any unique or -unusual land form found on the sit6? ........ . Yes x No 3 %'lill project alter or have a large'effect on existing body of water? ...................... Ygs. x 4 Will project have a potentially large impact Yes x~ No on groundwater quality? ..................... 5 %'1ill project significantly effect drainage flo~*~ on adjacent sites? ..................... . Yes 6 %'1ill project affect any threatened or endangered plant or animal species? ......... Yes x No 7 %Vill project result in o major adverse effed¢ ' on air quality? .............. · ................ .. Yes x No 8 %'lill project have a major effect on visual character of the community or scenic views or vistas kno~vn to,be important to the community? Yes x ?. ¥;ill project adversely impact any site or structure of historic, prehistoric or .. paleontological importance or any site designated as a critics/ environmental area by o local agency? ............ ~,..~-~-.v.-...s..~..~ .... Yes x No 10. %'1ill project have o major effect on exts%ing or future recreational opportunities?. ......... Yes x No 11. %rill project result in.major traffic problems '' o~ cause o major effect to existing transportation systems? ........................ Yes·x No 12. %'1ill project .regularly cause objectionable odors, noise, glare, vlbrotion, or electrical disturbance as a result of the project's tiaa? ' Yes x No opera ............................... · 13. %?ill project have any impact on public health or.safety? .................................... Yes x No 14. %'/ill p~oject affect the existing community by directly causing o growth in permanent population of more than 5 percept over a one year period or have o major negative effect on the character of the community or neighborhood? ................................. .. Yes. × No 15. Is there public controversy concerning the project? Yes__K_No PREPARER'S S ]GNA! U'RE REPRESEtITIHG Athanas~i/os Spinthourakis ' DATE May 14, 1982 May ~ 1982 (Today" S D~te) To: Re: Southold Town Board of Appeals Main Road Southold, NY 11971 Athanasios Spinthourakis Appeal Application of Location of Property: Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property iQ the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetlands; ho~qever, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* [ ] May b~ located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing 'on the premises. -[x] Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : Athanasios Spinthourakis : David E.Kapell,as agent : to the Bo~d of Appeals of the Town of Southold : TO: Owners Unknown of Old Orchard Lane Constantine Zervos & AnD. A. Gerald Doyle Reginald W. Peterson & Wfe. George Arnold Jean Schneider YOU ARE HEREBY GIVEN NOTICE: -- -- NOTICE TO ADJACENT PROPERTY OWNER to request a (~e~l~) (Special Exception) ~al~L'~elr~t)~(the following relief: permission to a ~garage in the M-1 General Multiple Residence District. I 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold construct That the property which is the subject of the PetitiOn is located adjacent to your property and is des- cribed as follows: South side of Main Rd., E. Marion, N.Y., also described on the Suffolk County tax map as District I000, Section 031, Block 06~ 3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict: M-1 General Multiple Residence District 4. ThatbysuchPetition, theundersignedwillrequestthefollowingrelief:Permission to construct a garage in the M-1 District. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article y Sectic~_ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)/then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: May ,~ , 1982 Petitior~ ~than~i~s Spi~[~o~r~kis David E. Kapell, as agent Post Office Address 443 Main St. Greenoort. N.Y. 11944 NAME Owners Unknown of Constantine Zervos & Ano. A. Gerald Doyle Reginald W. Peterson & Wfe. George Arnold Jean Schneider PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Old Orchard Lane -7420 Main Rd., E. Marion, N.Y. 11939 -1590 Metropolitan Ave., Bronx, N.Y. 10400 -East Marion, N.Y. 11939 -East Marion,N.Y. 11939 -72 Willow St., Brooklyn, N.Y. STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: nn~r~4 ~ wn,~,~11 ,residingat A&'~ Mm';n Rt-. _ C. rmmnnnrt_ N..Y. I 1944 ' ' , being dUly sworn, deposes and says that on'the 'J~"~ day of Mn.y ,198 ? , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the_lo_~nl~5o~lthold; that said Notices were mailed at the United States Post Of- Greenport, N.Y. 11~44 . fice at '' T i~ ". ' i that said Notices were mailed to each of said persons by (certified) {~mlll~l~-mail. Sworn to before me this /Notary Public NOTARY PUBLIC, State of New Yot~ No. 52-3945400 Qualified in Sufi~olk Count' .~",,~ Commission Expires March 30, Atanasios Spinthou}akis~ David E. Kapell, as agent [,,A A~ 1'¢ [.