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Home My WebLink About3080Southold Town Board of Appeals MAIN ROAD- r:ITATE RDAD 2.5 S0UTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3080 (Rehearing of Appeal No. 3013) Application gated February 1, 1983 (Public Hearing held 2/25/83) TO: Mr. Irving L. Price, Jr., Esq., as attorney for [Appellant(s)] EAST END SUPPLY GO., INC. 828 Front Street Greenport, NY 11944 At a Meeting of the Zoning Board of Appeals held on February 25, 1983 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 [X] Request for Variance to the Zoning Ordinance Article VIII, Section 100-81, Bulk Schedule Request for The public hearing on this application was also held on February 25, 1983. Upon application of EAST END SUPPLY CO., INC., 203 Front Street, Greenport, NY for a Rehearing (of Appeal No. 3013) for a Variance to the Zoning Ordinance, Article VIII, Section 100-81, Bulk Schedule, for per- mission to construct warehouse building in this "C-Light Industrial Zone" with insufficient front, rear and side yard setbacks. Location of Property: South Side of Corwin Street, Greenport, NY; County Tax Map Parcel Nos. 1000-48-02-02 and 03. This is a rehearing in the matter of Appeal No. 3013 for East End Supply Co., Inc. pursuant to its request dated February 1, 1983. This board unanimously agreed to rehear this application for the reasons stated in the subject rehearing application, and a public hearing was held on February 25, 1983. The premises in question is located at the northerly side of Corwin Street, Greenport, and is more particularly identified on the County Tax Map as District 1000, Section 48, Block 02, Lots 2 and 3. The subject parcel is zoned "C-Light Industrial" and contains an area of approximately 51,000 square feet with 875 feet along Corwin Street, inclusive of a 25' strip from Seventh Street and a 50' strip from Eighth Street, which road strips have been officially abandoned by the Town. Existing on the premises are two dwelling structures in disrepair, accessory building, and a 32' by 156' one-story stor- age building located on the easterly portion. By this appeal, appellant seeks a Variance to the Zoning Ordi- nance, Article VIII, Section 100-81, Bulk Schedule to construct a warehouse building with an office of approximately 21,000 square feet first-floor area on the westerly portion of this property, eliminating existing dwelling structures and accessory building thereto. The existing building on the easterly portion of the premises will be exterior-modernized and is to remain a one-story structure. The proposed new construction at the westerly portion of the premises will be approximately one-half at two-story height and the other half one-story height. (CONTINUED ON PAGE TWO) DATED: March 9, 1983. Form ZB4 (rev~ 12/8'1) CHAIRMAN, SOUTHOLD TO~ ZONING BOARD OF APPEALS Page 2 - Appeal No. 3080 (Rehearing of Appeal No. Matter of EAST END SUPPLY CO., INC. Decision Rendered February 25, 1983 3013) Facts were submitted at this hearing which were not originally presented in the prior hearing. The type of construction proposed is a prefabricated ~tructure and is available only in multiples of ten feet. Applicant asserts that compliance with this board's prior decision would result in underutilization of 20% of the lot area. If the board reconsidered the depth of the building to permit one additional foot, a prefabricated building 90' in depth could be utilized, verses an 80' building. In considering this appeal, the board determines that the variance request is not substantial in relation to the requirements of the zoning code; that the circumstances are unique; that by allowing the variance no substantial detriment to adjoining properties will be created; that the relief requested will be in harmony with and promote the general purposes of zoning; and the interest of justice will be served by allowing the variance, as indicated below. On motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3080, application of EAST END SUPPLY CO. INC. for permission to construct warehouse with insufficient front, rear and side yard setbacks in this "C-Light Industrial" Zoned District, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. Ail construction from the rear property line shall be no closer than 12 feet; 2. There shall be a minimum of twenty [20] parking stalls on the premises; 3. Ail loading and unloading must be done on the premises only [with no protrusion of vehicles onto the streets]; 4. Screening shall be provided as submitted on applicant's 10/16/81 plan; 5. Ail storage must be contained within the buildings; 6. Acquiescence by the Planning Board of the above conditions; 7. Suffolk County Planning Commission review pursuant to Sections 1323, et seq. of the Suffolk County Charter. Location of Property: South Side of Corwin Street, Greenport, NY; County Tax Map Parcel ID Nos. 1000-48-2-2 and 3. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 Town of Southold Board of Appeals July 29, 1983 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications 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 Municipal File Number Parkside Heights Co. North Fork Bank & Trust Company East End Supply Co., Inc. Cutchogue Free Library Doug & Karin Constant 2956 3029 3080 3111 3112 3141 GGN:jk Very truly yours, Lee E. Koppelman Director of Planning ! Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 13973 TELEPHONE (516) 765-1809 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: xx Variance from the Zoning Code, Article VIII, Variance from Determination of Southold Town Building Inspector -- Special Exception, Article , Section Special Permit Section 100-81, Bulk Schedule or Appeal No.: 3080 Applicant: EAST END SUPPLY CO., INC. Location of Affected Land: South side of Corwin St., Greenport County Tax Map Item No.: 1000- 48-02-02 and 03. Within 500 feet of: xx 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 Federally- Owned Land ~ Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area __ Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, Within One Mile of a Nuclear Power Plant __Within One Mile of An Airport. w r n d COMMENTS: Applicant ~~ permission to construct warehouse building in this "C-Light Industrial Zone" with insufficient rear, front, and side yard setbacks. Copies of Town file and related documents enclosed herewith for your review. ~~ Dated: July~, 1983 ~ ~ Temp. Secre~ry, Board of Appeals HENRY E. Po%YNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCH1E LATH,MM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 TELEPHONE 765-1938 March 30, 1983 Mr. Gerard P. Goehringer, Chairman Zoning Board of Appeals Southold Town Hall Southold, New York 11971 Re: East End Supply Co. Dear Mr. Goehringer: The following action was taken by the Southold Town Plan- ning Board, Monday, March 28, 1983. RESOLVED that the Southold Town Planning Board approve the site plan "East End Supply Co."with the conditions of the Zoning Board of Appeals as stated in their decision rendered February 25, 1983. If you require additional information, please contact our office. cc: Irving L. Price, Jr., Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD E. LONG, Secretary Esq. APPEALS BOARD MEMBERS Southold Town Board of Appeals MAIN ROAD- STATE Ri-lAD 2~ SDUTHDLD, L.I., N.Y. 119'71 TEl FPHONE f516) 765-1809 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI March 9, 1983 Irving L. Price, Jr., Esq. 828 Front Street Greenport, NY 11944 Mr. Walter H. Burden, Jr. East End Supply Co., Inc. Front Street Greenport, NY 11944 Re: Appeal No. 3080 (Variance East End Supply Co., Inc. Rehearing) Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered 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 approval of any new construc- tion in writing, or for other documents as may be applicable. If you have any questions, please do not hesitate 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 County Planning Commission GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary Beverly Smith, Housing Coordinator 18 South Street Greenport, New York11944 Area Code (516) 477-1070 Bessie E. Swann~ Executive Director TO: RE: Date: Southold Town Zoning Board of Appeal Appeal # 3013 Proposed Rezoning Lot # (1000-48-02-002 & 003) February 25, 1983 Dear Sir: We the citizens of the Greenport Housing Alliance Inc. are opposed to any plan or action which would include the dislocation of low income families and reduce further the present shortage of affordable homes within the community. We are witness to the hardship that low income families experience in finding a new home. We have witnessed mass evictions of low income families and know their ordeal; over crowded emergency housing, livin~ in automobiles, or double-up with relatives with equally large families. The health, safety, welfare, and even the rights of our low income citzens should and must be our first consideration. It is rezone the industry. for these reasons that we must oppose this plan to Corwin Street property from residential to light Thank you for your consideration in this matter. TW: je Veery truly YOURS, Mr. Thomas Watkins President ~ GNA cc Edward Reale, Attorney "ADEQUATE HOUSING FOR ALL" 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and th~ follo~'mg Public Hearings will be held by the Southold Town Board of Appeals on FRIDAY, FEBRUARY 25, 1983 commencing at 7:30 p.m. and as follows: ~ff:30 p.m. Application of~ EAST END SUPPLY CO., INC., 203 Front Street, Greenport, NY for a RE- HEARING (on Appeal No. 3013) for a Variance to the Zoning Ordinance, Article~~ VIII, Section 100-61, Bulk Schedule, for permission to construct warehouse in this "C-Light Industrial ZoBe"~ District with insufficienq front, rear and side yard..I setbacks. Location of Property: South Side of Corwin Street, Greenport, NY; County Tax Map Parcels~ ~ 7:35 p.m. Application of HAROLD P. SCHWERDT, 2720 Cedar Avenue, Sunthold, NY for a Variance to the Zoning Ordinance, Article II1, Section 100-32 for permission to construct accessory build- ing in the northwesterly sec- tion of premises located a~ 2720 Cedar Avenue, Southold, NY; Goose Bay Estates Map No. 1176, Lots 192 to' 195, inclusive; County Tax Map Parcel No. 1000-077-002-001. 7:40 p.m. Application of JANET A. DAVIS, Box 685, Cutchogue, NY for a Variance to the Zoning Ordinance, Article XI, Section 100-116D for permission to reinstate nonconforming use as an antique shop and residential use (apartment) in this A- Residential Zone. Location of Property: 45395 Main Road, Southold, NY; County Tax Map Parcel No. 1000-075-02- 011. 7:45 p.m. Application WALTER GAIPA. 360 Lakeview Terrace, East Marion, NY for Variances to: (a) the Zoning Ordinance, Article XIV, Section 100-141B, and Article III, Section 100-32 for permission to construct accessory building in the frontyard area, and (b) New York Town Law, Section 280-a for approval of access. Location of Property: 360 Lake View Terrace, East Marion, NY; County Tax Map Parcel No. 1000-31-09-012. 7:50 p.m. Application of BURKE E. LIBURT, King Street, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section~, 100-30 A(2)[c] and C(5) for permission to construct corral and alter use of existing barn to stable a pony on premises having an area of 39,048 square feet and more particularly ident'died as 1420 King Street, Orient, NY; County Tax Map Parcel No. 7:55 p.m. Application of J. ROYAL &ND ¥1RGINIA GIFFORD, 1515 M~nnehaha Boulevard, Snathold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to build accessory building in the sideyard area at premises ,~nown as 1515 Minnehaha oulevard (a/k/a 60 Opechee Avenue), Southold, NY; County Tax Map Parcel No. ,~UFFOLI4,o 10o0-087-03-050. 6:00 p.m. Application Of~W PATNICK REALTY CORP., ss: by Gary Flanner Olsen, Esn,, Main Road, Box 38, Mathtac[q ' ......................... bein~ duly ~worn, NY for a Variance to the~ Zoning Ordinance, Article VI, - · · , is Prin~er and Publisher o! the SUFFO~-K Section 10o-60, permitting two I~. residential dwellings in this B- i So a newspaper published ~t Greenport, in said Zoned District. Location of Property: 69430 Main Road, Ir~ the uotic~, of which the o_vmexod is a printed Greenport, NY; County Tax Map Parcel No. 1000-45-05-001. U published in the ~tid Suffolk Weekl~r Times Any persons wishing to be heard concerning the above~v~ek~ ~or . . O.~_..e ...................... weeks matters should appear at the times and place above Iommencing on the ... ? .7.t..h .................. · ~pecified. For additional information, please contact L~01?l~.~y.. Linda Kowalski, Secretary at 765-1809 (or 765-1802). . ........ ;-:~.j~-'z~,~.-.]. ,/~, *. ~..x.~ .............. Dated: February 4, 19~3. BY ORDER OF ~re me this .. TH~ SOUTHOLD TOWN BOARD OF APPEALS ~ ]~2CLl ~'y ..... 19.~.. CHAIRMAN ....................... 1TF17-4172 HEtE'~ ~ DE VOE FEBRUARY 25, 1983 com- mencing at 7:30 p.m. and as follows: :3.~0 p.m. Application of~ fEAST END SUPPLY CO., INC., 203 Front Street, Green. Cart, N.Y. for a RE-HEARING Appeal No. 3013) for a Variance to the Zoning Ordin- ance, Article VIII, Section 100-81, Bulk Schedule, for. permission to construct ware- house in this "C-Light Indus. trial Zone" District with insuf- ficient front, rear and side yard setbacks. Location of Pro- perry: South Side of Corwin Street, Greenport, N.Y.; LCounty Tax Map Parcels No. 1000-48-02-002 & 003. 7:3S p.m. Application of HAROLD P. SCHWERDT, 2720 Cedar Avenue, Southold, N.Y. for a Variance to tbe Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in the northwesterly section of premises located at 2720 Ce- dar Avenue, Southold, N.Y.; Goose Bay Estates Map No.... 1176, Lots 192 to 195, inclu- sive; County Tax Map Parcel No. 1000-077-002-001. 7:40 p.m. Application of JANET A. DAVIS, Box 885, Cutchogue, N.Y. for a Vari- ance to the Zoning Ordinance, Article XI, Section 100-1lSD for permission to reinstate non-conforming use as an antique shop and residential use (apartment) in this A- Residential Zone. Location of Property: 45395 Main Road, Southold, N.Y.; County Tax Map Parcel No. 1000-07S-02- 011. 7:45 p.m. Application of WALTER GAIPA, 360 Lake- view Terrace, East Marion,~_~ N.Y. for Variances to: (a) the' I Zoning Ordinance, Article XIV, Section 100-14lB, and Article lII, Section 100-32 for permission to construct acces- sory building in the frontyard area, and (b) New York Town Law, Section 280-a for approv- al of aec'ess. Location of Pro- perty: 360 Lake View Terrace, East Marion, N.Y.; County Tax Map Parcel No. 1000-31- 09-012. 7:50 p.m. Application of BURKE E. LIBURT, King Street, Orient, N.Y. for a Variance to the Zoning Ordin- ance, Article 111, Section 100- 30 A(2)[c] and C($) for portals~ sion to construct corral and,. alter use of existing barn to stable a pony on premises having an area of 39,048 square feet and more parti- cularly identified as 1420 King Street, Orient, N.Y.; County Tax Map Parcel No. 1000-026- · 02-040. 7:55 p.m. Application of ROYAL AND YIRGINIA GIF- EN, put.ant to ~i~ 267 of · e Town ~w ~d the ~o~- sions of ~e Amended C~e ~ the Town of ~uthold, ~ Regular M~tlng and the follo~ng ~blic He~ings will be held by the ~u~old Town ~ard of Appeals on FR~AY, Map Pa'rcel No. 1000-087-03~ 0S0. 8:00 p.m. Application of. PATNICK REALTY CORP., by Gary Flanner Olsen, Esq., COUNTY OF SUFFOLK STATE OF NEW YORK Potricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in, Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ......................... ./. ............. weeks successively, commencing on the ............... ../?...z-~. .......... .................... ::, Sworn to before me this .............../...?...~.~.. ....... day of ........... .............. , ._ CLEMENT J, THOMPSON NO~AI~' PUBLIC,, State d New York No. 52-9321725 Re~ding in Suffolk County Commission Expires March 30, 19~' Any persons wishing to be heard concerning the above matters should appear at the times and place above speci- fied. For additional informa:~ tion, please contact Linda Kowalski, Secretary at 765- FORD, 1313 Minndu~hu Bou- Main Road, Box 38, Mattituck, .lc, vnet,,' Seuthcdal,, N.T. for a N.Y. for a, Variance to the $outhold Town Board of Appeals MAIN ROAD- roTATE RnAD ~S C;OLITHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRtGONIS. JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following Public Hearings will be held by the Southold Town Board of Appeals on FRIDAY, FEBRUARY 25, 1983 commencing at 7:30 p.m. and as follows: " f' 7:30 p.m. Application of ~.AST END SUPPLY CO.~ INC., 203 FronA Street, Greenport, NY for a RE-HEARING (on Appeal No. 3013) for a Variance to the Zoning Ordinance, Article VIII, Section 100 81 Bulk Schedule, for permission to construct warehouse in this ':C-~igh~ Industrial Zone" District with insufficient front, rear and side / yard setbacks. Location of Property: South Side of Corwin Street,/ Greenport, NY; County Tax Map Parcels No. 1000-48-02-002 & 003. 7:35 p.m. Application of HAROLD P. SCHWERDT, 2720 Cedar Avenue, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in the northwesterly section of premises located at 2720 Cedar Avenue, Southold, NY; Goose Bay Estates Map No. 1176, Lots 192 to 195, inclusive; County Tax Map Parcel No. 1000-077-002-001. 7:40 p.m. Application of JANET A. DAVIS, Box 885, Cutchogue, NY for a Variance to the Zoning Ordinance, Article XI, Section 100-118D for permission to reinstate nonconforming use as an antique shop and residential use (apartment) in this A-Residential Zone. Location of Property: 45395 Main Road, Southold, NY; County Tax Map Parcel No. 1000-075-02-011. 7:45 p.m. Application of WALTER GAIPA, 360 Lakeview Terrace, East Marion, NY for Variances to: (a) the Zoning Ordinance, Article XIV, Section 100-141B, and Article III, Section 100-32 for permission to construct accessory building in the frontyard area, and (b) New York Town Law, Section 280-a for approval of access. Location of Property: 360 Lake View Terrace, East Marion, NY; County Tax Map Parcel No. 1000-31-09-012. 7:50 p.m. Application of BURKE E. LIBURT, King Street, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30 A(2) Ici and C(5) for permission to construct corral and alter use of Page 2 - Legal Notice of Hearings Southold Town Board of Appeals Meeting Date: February 25, 1983 existing barn to stable a pony on premises having an area of 39,048 square feet and more particularly identified as 1420 King Street, Orient, NY; County Tax Map Parcel No. 1000-026-02-040. 7:55 p.m. Application of J. ROYAL AND VIRGINIA GIFFORD, 1515 Minnehaha Boulevard, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to build accessory building in the sideyard area at premises known as 1515 Minnehaha Boulevard (a/k/a 60 Opechee Avenue), Southold, NY; County Tax Map Parcel No. 1000-087-03-050. 8:00 p.m. Application of PATNICK REALTY CORP., by Gary Flanner Olsen, Esq., Main Road, Box 38, Mattituck, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-60, permitting two residential dwellings in this B-Zoned District. Location of Property: 69430 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-45-05-001. Any persons wishing to be heard concerning the above matters should appear at the times and place above specified. For additional information, please contact Linda Kowalski, Secretary at 765-1809 (or 765-1802). Dated: February 4, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN Instruc'tions to newspapers: Please publish once, to wit, Thursday, February 17th and forward affidavits of pub- lication to Board of Appeals, Main Road, Southold, NY 11971; Copies Legal Notice of Hearings Mailed to the Following on Monday, February 14, 1983: Mr. Walter H. Burden, Jr. (East End Supply) Irving L. Price, Jr. (East End Supply) Mr. and Mrs. Harold P. Schwerdt Mrs. Florence Lagnese (For Janet Davis), Box 645, North Bellmore 11710 Mrs. Janet A. Davis, Box 885, Cutchoque Paul Edwin Kast, Esq., 4177 Merrick Road, Massapequa, NY 11758 Mr. Walter Gaipa Mr. and Mrs. Burke E. Liburt Mr. and Mrs. J. Royal Gifford 1515 Minnehaha Boulevard, Southold 203 Manhattan Avenue, Union City, NY 07087 Gary Flanner Olsen, Esq. (For Patnick Realty - Drossos) Copies hand-delivered on February 14th to: Suffolk Times L.I. Traveler-Watchman Mr. Lessard, Building Department Supervisor Pell ZBA Members Posted on Town Clerk Bulletin Board on Thursday, February 10th. JUDITH T. TERRY TOWN CLERK RI:GISIRAROI VITAL SI \IISIII'S OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 February 1, 1983 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Appeal No. 3080, application of East End Supply Co. for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval fro~%~e.~g_~artment; and survey. Southold Town Cleffk JTT/bn Enclosures IRVING L. PRICE, JR. February 1, 1983 Town Clerk Town Hall Main Road Southold, New York 11971 Re: Gentlemen: East End Supply Co. Corwin Street Appeal No. 3013 Enclosed herewith please find the following: 1. 2. 3. Application for Rehearing in triplicate. Short Environmental Assessment Form Original Notice to Adjacent Property Owners with affidavit of service. Check in the amount of $15.00 as fee. Very truly yours, ILP/dg Enc. cc: Southold Zoning Board of Appeals RECEIVED TOWN OF SOUTHOLD, NEW YORK FEB 0 l APPEAL FROM DECISION OF BUILDING INSPECTOR Tow. Cler~%B~ATION FOR REHEARING APPEAL NO. ~n~ n DATpJanuary 31, 1983 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. (We) East End Supply Co., Inc. of 203 Front Street Name of Appellant Street and Number ........... Gr~zupDx. t, .............................................................. New York ............................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ......... .3..q~..~...7.,,...~.9..8..2. ..................... WHEREBY THE BUILDING INSPECTOR DENIED TO East End Supply Co., Inc. Nome of Applicant for permit of 203 Front Street Greenport New York Street and Number Municipality State ) PERMIT TO USE ) PERMIT FOR OCCUPANCY (X) PERMIT TO CONSTRUCT 1. LOCATION OF THE PROPERTY/aZ gg;cw&n ~ ~ igh~ Industr~ Street Use District on Zoning Map .~!...~91...~..~..~.z~.~..~..~...~.13' ± on ~I~; 3cst by ~erniak 59.~6'±; ~x~. West by 125-127 Mai~gxxxStreet Corp. 130.66'±. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article VIII §100-81 (a) Front Yard (b) Side Yards (c) Rear Yard 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 (X) A rehearing of the subject appeal 4. PREVIOUS APPEAL A previous appeal (has)XC(L'~x~,~:~:been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit (X) request for a variance and was made in Appeal No. 3013 ........... Dated July 6, 1982 ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested far the reason that to improve the premises for use as a warehouse, it is necessary to utilize one (1) foot more or either the front yard or rear yard to erect the building which would require the Zoning Board of Appeals to modify its previous decision in this appeal. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- ± sary HARDSHIP because the type of construction of the proposed building, insofar as depth is concerned, is pre-fabricated only in multiples of ten (10) feet. The previous decision of this board allows, by application of the front and rear yard setbacks, for a building of eighty-nine (89) feet in depth. This would dictate that applicant erect a building of eighty (80) feet in depth, yielding a building of 20% less area than originally applied for. The construction of such a building would be a practical difficulty because of the underutilization of the buildable area on the lot. The construction of such a building would be an unnecessary hardship because of the negative economic result of constructing the required smaller warehouse building. 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 becausexx~x~x~xk~xisxx~xk~x~i~kx i~pon':~his !!C" Light Industry zoned parcel a new warehouse is to be constructed, which calls for a building which exceeds the approved set back (front or rear) by one (1] foot and to comply with the set back would reduce the building's area by 20%. 3. The Variance would observe the spirit of the Ordinance ond WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the property is zoned "C" Light Industry. The Character of the District would be the same if the applicant were allowed a variance modifying either the front yard set back and/or rear yard set back a total of one (1) foot. There would be no reduction in parking spaces or modifica- tion of other conditions previously imposed by the Zoning Board of Appeals. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) ~ST END. SUPPLy CO~.~ INC. J .............................................. f January Sworn to this 31st day o ........................................................... BORIS M. G~NNON NOI'ARY PUBLIC, Stale of N ¥ Surf Co. Ne. 47015~4 ~_, 1983 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of EAST END SUPPLY CO., INC. to the Board of Appeals of the Town of Southold TO: LONG ISLAND RAILROAD 125-127 MAIN STREET CORP. THOMAS JERNICK AND WIFE 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)~iltoo~[kfcx]clQ~ll:~,'~.a~[kRI0xl[~t) (Other) [circle choice] use of higher percentage of vacant land for warehouse and rehearing of previous appeal to vary front and/or rear setbacks. 2 That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as'follows: North by Corwin Street; South by LIP. R; West by 125-127 Main Street Corp.l and East by land of Thomas Jernick and wife. 3. lhat the property which is the subiect of such Petition is located in the following zoning district: "C" B±ght Industr7 4. lhatbysuch Petition,the undersigned willrequestthefollowingrelief: use of h±gher percentaqe of land for warehouse. 5. That the provisions of the $outhold Town Zoning Code applicable to the relief sought by the under- signed are Article VIII Sectioi~ 100-81 (a), (b) and (c) 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 may 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; January 31, 1983 ~EAST END SUPPLX. CO~ INC. ~Lv .~4,/- '"~ ' ~ ' - ~-etltloner ~ Post Office Address 828 Front Street Gre~nport. New York 11944 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Long Island Railroad Sutphin Boulevard Jamaica, New York 11400 125-127 Main Street Corp. Thomas Jernick & Wife 125-127 Main Street Greenport, New York 11944 St. Mary's Road Shelter Island, New York 11964 LU gz STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: Doris M. Gannon , residing at Bayview Road, Southold, New York , being duly sworn, deposes and says that on the ~st~ day of J~mm~r~x~w Iv~hrn~ ry , 1983 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Southold. New York ; that said Notices were mailed to each of said persons by (certified)~.~l~3~c~d;) mail. /~f ~-_ :, Doris M. Gann~ Sworn to before me this . 1st day of February, 9 ~ WflJ.,AM Iq. PI~ICL. JR 40TARY Pt~UC. ~t~te of N~ YOrk Suf~k County No 4644944 Term ~.x~,.~ M~fcn 10 198t 0 0 0 c~ r~ 0 0 0 0 0 0 IIISTRUCTIOIt~: ~ (o) In order to ons~ver the questions in this short EAF it is thor the preporer trill use. currently ovoiloble info,motion concerning the project ond the li~ely impocts of the oc~io'n. ~t is not expected thor odditionol studies, reseorch os other investigotions will be undertoNeS. (b) IF on¥ question hos been onswered Yes the project may be sign~ficont tmd o compZeted Environmentol Assessment Form ~s necesso~y. (c) If oil questions hove been ons~,~ered No ~ &$ }&Ite~¥ ~hot ct is not s~gnificont. -.. ~. W£$& project ~esu~t ~n o lorge physicol chonge to the project site or physicolly olter mo~e thon 10 ocres of lond? ........................ Yes z No 2. ~'lil~ there be o mojor chonge ~o on~ unLque -unusuol land form found on the site ........ Yes,× NO 3. ~'~ill pro~ect o~ter o~ heve o large effect on ' existing body of wote~? ..................... ¥~s,x 4. ~'J&l~ p~oject hove o potent$olly lo~ge impoct quolity? Yes x ~. W±ll project s~gnSficontiy effect dro~noge flo~,~ on od)ocent sites? ...................... Yes× No 6. ~Vili project offect ony threotened o~ endonge~ed piont or ~n]mo} species? ......... . Yes×' No 7. Wiil project result zn o mojor odverse effect ' · ' on oSr ¢lUO~ity? ........................... , 8. Will p~oject hove o mojor effect on visu$1' Yesx No chorocter of the community o~ scenic vie~Ys ot · vistos kno~Yn to:be importont to the community?. Yes× 9. Will project odve~sely ~mpact ony sLte os .. structure of histozLc~ p~ehLstoric or poleontologicol ~mportonce os ony s~te desLgnoted os o criticol environmental oreo by o locoZ ogency~ ..-.- .~-~- ; . .... . -- Yes× No ~0. ~'/ill pro~ect hove o mojor effect on exLst&ng or future teczeot&onol opportunities? ......... Yes× No 11. Witl project result &n .mojor t~off~c p~ob~ems o~t couse o mojo~ effect to ex~st&ng tronsportotlon systems? ........................ Yes× No 12. Will project .~eguZozly couse object£onoble odors~ noi~e~' glore~ vibrotlon~ or elec'~rico~ disturbonce as o ~esult of the project's operotion? .'. Yesx No ]3. W±ll project hove ony impoct on public heolth or.sofety? .................................... Yes× No 14. Will p~oject offect the existing community by ' directly cousing o growth in permonent populotion of more thon ~ percegt over o one yeor period or hove o mojor negotive effect on the chorocter of the community or x ne~gl~bo[hood? ................................. Yes No 10. ~s there public controversy concerning the project? ~es x No REPt?ESFIITING East End Supply Co., Inc. S,HO?.T Ell/]r.£ , ,, STnUCT · ~ (o) l~ order ia answer {he questions in this short EAF ~f is assume( '~ that the preparer will use. currently available information concerning the project and ~ha likely impac'~s oddi~ionolcs~udies, research or o%her investigations will b~ undertaken. (b) ]~ any question has been answered Yes ~he project may be significant and o completed Environmental Assessmen~ Form is necessary. %ha% this answered No it is likely (c) If all questions have been project is not significant. Environmental Assessment 1. %'1ill project result in o large physical change to the project site or physically.alter more than 10 acres of land? ........................ ~ Yes~X No 2. %'1ill there be o major change to any unique or .unusual land form found on the site? .......... . Yes× No ~3. %'1ill project alter or have a large effect on Y.es x No axis%in§ body of wa%er? ....................... , 4. %'/ii1 project have o paten%tally large impact Yes x: No On groundwater quality? ....................... .. 5. %'1ill project significantly effect drainage Yes x Hq flow on adjacent sites?....------:.-- ......... .- 6. %'/ill project affect any threatened or endangered plant or animal species? ............ Yes x No 7. Will project result in o major adverse effe~'k Yes x No on air quality? ............................... .. 8. %'1ill project have o major effect on visual character of the community or scenic views or x vistas known to:be imporiant to the community? Yes~ No 9. %';ill project adversely impact any site or .' structure of historic, prehistoric or paleontological importance or any slte designaled os a critical environmental area %'/ill project have a major effect on existing or future recreational opportunities? ......... Yesx No ~;ill project result in .major traffic problems o~l cause a major e~fec~ to axis{lng transportolion systems? ....................... YesX No %'/ill project .regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project's · tion? ' Yesx No adorn .................................... ,/zll project have any i,.'qmct or, public hc:olth or .safety? .................................... ........ Ye:~x No %'/ill p~oject of fact the existing COli%ll]U~,ily by tJJrect]y causing a growth ia pcrnwmeni population of more than 5 pe~cc~]t over o one ye¢,r por£od o_]2 have o major negative effect on the character of the community or x neighborhood? ................................. Yes Nc, IS there public controversy concerning the project? ...................................... Yes X No 10. 11. 12. ]3. 14. 15. PREP/,|:ER'S S]GHAI'URE,~¥7~.~~', /Z/ . .'~,,~z~;~' '~ C,4/,. J/f REPP. ESEIIT]h'G East End Supply Co., I~c. ~0