HomeMy WebLinkAbout3263APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, .JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
Southold Town Board of Appeals
MAIN Rr'IAD- STATE RI~AD 25 -~OUTHOLDo L.I., N.Y. 'l'l~'7't
TELEPHONE (516) 765-1809
December 31, 1984
Philip J. Cardinale, Esq.
Cardinale and Cardinale
Jamesport Center
P.O. Drawer W
Jamesport, NY 11947
Re: Appeal No. 3263 -
Dear Mr. Cardinale:
Roger -C-a~-r-dl n av~
May we have the status
of the subject application?
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
October 21, 1983
Philip J. Cardinale, Esq.
Cardinale & Cardinale, Esqs.
Jamesport Center
P. O. Drawer W
Jamesport, N.Y. 11947
Re:' Navas v. Munz and Catalano
Dear Mr. Cardinale:
Our office has been retained by Mr. and Mrs. Navas to
represent them, as concerns the above-referenced proceeding.
The Navas' are interested in a final resolution of this
matter, and propose an easement agreement for 9 driveway in
common, for the vehicular use of both business properties for
ingress and egress (see enclosed diagram).
I have also discussed, at considerable length, the license
agreement proposed by your clients with Mr. and Mrs. Navas, and
it remains unacceptable to them as regards their long term
interests.
I would, therefore, request that you discuss the Navas'
proposal with your clients, and communicate to our office whether
this matter can be amicably resolved.
I will await your advices.
Very truly yours,
JJC/jf
Eno
J,3mos J. Crof%
Roger L. Munz
P. O. Box 236
Laurel, NY 11948
September-Il, 1984
Mr. Gerry Georinger, Chairman
Zoning Board of Appeals
Town Hall
Main Road
Southold, NY 11971
Dear Gerry:
At this late hour I reluctantly ask for a postponement of my
hearing tomorrow night.
During the intervening months since our last meeting in April, the
plans and uses of the building I purchased have changed. The site
plan, as approved by the Planning Board, is o longer valid thereby
negating any purposeful meeting tomorrow.
This only occured to me last evening, and I am sorr2~ about the
last minute notice.
Sincerely,
Roger un
ROGER L. ~[ONZ
P. O. Box 236
Laurel, New York 11948
September 5, 1984
Mr. Jim Navis
Wish Bone Restaurant and Bar
Main Road
Mattituck, NY 11958
Dear Jim:
In response to your letter of last week requesting me not to enter
your place of business again because I create a commotI~ -- OK!
I did not want to enter your premises but was forced to in order
to notify you of the complaints about rocks and/or beer bottles
being thrown through the windows of my building and the constant
running down of my temporary fence along our common property line.
These complaints have been documented and lodged with the,,Southold
Town Police Department. I considered it only "neighborly to ask
you to ask your customers to refrain from causing any further
damages.
I would like to take this opportunity to formerly withdraw any and
all efforts to create a mutual easement to meet the town side yard
requirements and your parking needs. Because of your constant
delays, indecisions and objection to the town's granting my change
of use last April unde~ the threat of suit against the town, I
feel it is in my best interest to cancel any efforts to effect
same. Further, permanent fencing will be placed along the
property line in the near future.
cc: $outhold Town Zoning Board of Appeals
Robert Waddington
NOTICE IS HEREBY GIV-
EN, pursuant to Section 267 of
the Town Law and the Pro-
the
7:30 ~ ;for
al of two
ficient area this
B-I Busines:
Article Ill, Section of
the Zoning Ordina~ ~c~. ~Proper.
ty Location: West Side of
Peconic Lane, Pecorlic, NY;
1000-74-5-2 and 3 (9,~). ~
7:35 p.m. Application of
'ROGER MUNZ. Box 567,
Laurel, NY (by Cardinaln &
Cardinale, Esqs.) for a Virl-
ance for relief from Condition
No. 7 of the May 27, 1983
~ decisions rendered in Applica-
tions No. 3100 and 3101.
IProperty Location: 13175 Main
Road, Mattitock, NY; County
Tax Map Parcel No. 1000-140-
03-038 (Owners: .I. and C.
Moisa). e
7:45 p.m. Application of
.I.P. HUBERMAN, 2 Linda
Lane, Se~auket, NY (by I.
Price, .Ir., Esq.) for a Variance
to the Zoning Ordinance,
Article III, Section 100-30(C)
for permission to ~stablish
home ocCUpancY, to wit: physi-
cian office, within a one,family
residential building exceeding
30% of the ma~imum-permit-
ted first floor area. at '41505
C.R. 48, Southold, NY; County
Tax Map Parcel~ No. '1000.
059-03-023.
7:55 p.m. Application of
FRED H. AND GEORGIA
LAMBROU, One Canaan
Close, New Canaan, CT 06840
for a Variance to the Zoning
Ordinance, Article III, Section
100-32 for permission to locate
accessory garage - storage
building in the frontyard area
at 1365 Aquavinw Avenue,
East Marian~ NY; County Tax
Map Parcel No. 1000-022-02-
01.
8:00 p.m. Application of
PATRICIA AND REINER
LOELOT., 2345 Plum Island
Lane, Orient, NY for a Var-
lance to the Zoning Ordinance,
Article XI, Section 100-119-
I(A) for permission to erect
fence exceeding the maximum ..
COUNTY OF SUFFOLK
STATE OF NEVV YORK
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in, Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watch-
man once each week for ..................... ?.. ................ weeks
successively, commencing on the ....................................
Sworn to before me this ~a/~/ day of
Notary Public
CLEME~,q' j, THOMPSON
NOTA,ffy PUBLIC, State of New ¥0r~
~o, 52-9321725
~in~ ~ S~olk ~u~ty ~
~mmiss~n ~r~ ~arch 30, lg~
AUg-_a~ 23~,1984,'.,
LEGAL NOTICE
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 follo~n~ matters will be
held for public hearings by the
Southold Town Board of Appeals
on THURSDAY, SEP-
TEMBER 13, 1984, commenc~
lng at 7:30 p.m., at the Southold
Town Hal], Main Road, Southold,
NY and ~s follows:
7:30 p.m. Applica$ion for
HENRY P. SMITH for approval
of two parcels with insufficient
area and width in this B-1 Busi-
ness Zoning District, Article HI,
Section 100-31 of the Zoning Or-
dinance. Property Location:
West Side of Peconic Lane,
Peconic, NY; 1000-74-5-2 and 3
(9.2).
~ 7:35 p.m. Application of
ROGER MU~Z, Box 567,
Laurel, NY (by Cardinale & Car-
dinale, Esqs.) for a Variance for
relief from Condition No. 7 and
the ~ay 27, 1983 decisions re-
ndered in Applications No. 3100
and 3101. Property Location:
13175 Main Road, Mattituck,
NY; County Tax Map Parcel No.
1000-140-03-038 (Owners: J. and
C. Moisa).
7:45 p.m. Application of J. P.
HUBERMAN, 2 IAnda Lane,
Setauket, NY Coy I. Price, Jr.,
Es~.) for a Variance to the Zoning
LOT, 2345 Plum Izland Lane,
Ori~t~ NY for a Vari~c~ to the
Zoni%o Ordln,,ce, Article XI,
Section 100-119-1(A) for permis-
sion to erect fence ~.~ceedi~g the
m.~imum fern--foot height r~
quirement along frontyard area
c~this vacant parcel, 1120 Ryder
Facai L~ne and Uhl I~e,
Orient~ Orient-By~The-Sea Filed
Map 6160, Lot 157: County Tax
Map Parcel No.
024.11.
8:05 p.m. Application of CON-
STANCE ~PPER, Box 291,
Cutchogue, NY Coy Essaks, Hef-
tel Cuddy & Angel) for a Vari-
Article HI, Section 100-31, for ap.
proval of insuffcient area of lot
in this prope~ed two-lot div~ion
(redivision) of I~nd and for ap.
proval of insufficient livable floor
area of existing principal build-
ing~ Location of Property: 3300
Dignans (private) Road, Cutch-
o~ue, NY; County Tax Map Par-
cel No. 1000-83-92.005.
8:10 p.m. Application for
HENRY DOM~LI~KI, Ore-
~on Road, Cutcho~ue, NY Coy A.
Wickbam, ESq.) for Variances:
(a) to the Zoning Oedinance,
ticle III, Section 100-31 for ap.
proval of insuffcient width of
two proposed parcels in this d~vi-
sion of land, and Co) to New York
Town Law, Section 2~0-A for ap.
proval of access. Location of
Property: Private Right-of-Way
off the North Side of Oregon
The Suffolk Times
Road, Cutchogue, NY; County
Tax Map Parcel No. 1000-095-
01-part of 011.
8:15 p.m. Application of
THOMAS AND JAC-
QUELINE OCCHIOGROSSO,
77 Vanderbilt Boulevard, Oak-
dale, NY Coy Scheinberg, DePet-
~is & ~y) for a Variance
to the Zoning Ordinance, Article
IH, Section 100-31 for approval
of the construction ora new one-
family dwelling with an insuff-
cient frentyard setback of 12 1/2
feet (reduction of that granted
under Appeal No. 3031 1/27/83).
Location of Property: 1580 Corey
C~ek Lane, Southold, NY;
Corey Creek Estates Filed Map
No. 4923, Lot 28; County Tax
Map Parcel No. 1000-78-04-019.
8:25 p.m. Application of
ROBERT ENTENMANN, 65
Meadow Farm Road, East Isiip,
NY (by A. Wickham, Esq.) for a
Variance to the Zoning Ordi-
hence, Article IH, Section 100,
31, Bulk Schedule, for approval
of insufficient area and width of
parcel to be ~et-off in thi~ prop-
o~ed three-lot subdivision of land
located at the north side of Sound
Avenue, Mattituck, NY; County
Tax Map Parcel No. 1000-112-1-
7.
Persons desiring to be heard
may do ~o in person, in writing,
or by repreaentative. For addi-
tional information, please con-
reenport, in
'~t he/she is
S, e Weekly
n the Town
rate of New
~ annexed is
~ublished in
:or one
~he ~
Page 3
Copies have been forwarded to the following on or about 8/21/84:
Suffolk Times (personal delivery 8/21/84 a.m.
L.I. Traveler - mailed 8/21/84 a.m.
Philip J. Ofrias, Jr., Esq., for H.P. SMITH
Philip J. Cardinale, Esq. for ROGER MUNZ
Mr. Roger Munz ~,/ ~s~'~ ~.~-~(
Irving L. Price, Jr., Esq. for J.P. HUBERMAN
Mr. G.A. Strang for Huberman
Mr. and Mrs. Fred H. Lambrou
Mr. and Mrs. Reiner Lollot
£sseks, Hefter, Cuddy and Angel
~ Constance Klapper
Abigail a. ~ickham, Esq.
for Henry Oomaleski
for Robert Entenmann
Scheinberg, DePetris and Pruzansky for T. AND J. OCCHIOGROSSO
Attn: Janet Geasa, Esq.
Town Board
Planning Board
Building Department
Town Clerk Bulletin Board
Zoning Appeals Office Bulletin Board
Z.B.A. members
Z.B.A. individual files
Southold Town Board of Appeals
MAIN ROAD-STATE ROAD 25 SOUTHOLD, I_.1., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
June 28,
S.E.Q.R.A.
1984
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS NEGATIVE ENVIRON~LENTAL DECLARATION
30SEPHH. SAWlCKI Notice of Determination of Non-Si~nificanc~
APPEAL NO.: 3263
PROJECT NA/~E: ROGER L. MUNZ (Owner: J. M0isa)
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 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: [X] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Variance for relief of Condition No. 7
of Appeals 3100 and 3101 of May 27, 1983.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: North Side of Main Road, Mattituck, NY;
County Tax Map Parcel No. ]000-]40-03-038.
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) The premises in question is not located near tidal wetlands
or other critical environmental area.
FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski,
Southold Town Board of Appeals, Town Hall, Southold, NY 11971;
765-1809 or 1802.
Copies of this notice sent to the applicant or his agent
on the Town Clerk Bulletin Board.
Secretary,
tel. 516-
and posted
JUDITH T, TERRY
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
June 26, 1984
To:
Southold Town Zoning Board of Appeals
From: Judith T. Terry, Southold Town Clerk
Transmitted herewith is Zoning Appeal No. 3263 application of Roger Munz
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 from the Building Inspector; and survey.
June 25, 19R4
Linda Kowalski
Southold Town Planning Board
of Appeals
Main Road
Southold, NY 11971
Re: Munz Application. Appeals ~ 3100 &
Relief from Condxtion 7
3101
Dear Ms. Kowalski
Enclosed please find papers requested re the above,
together with a check for gSO.
PJC/cmg
e~c.
Sincerely
rJUN [ 6 1984 TOWN OF SOUTHOLD, NEW YORK
APPFi(~ ~i~SlON OF BUILDING INSPECTOR
TO THE ZONING BOARDOF APPEALS, TOWN OF sOUTHOLD,.~.-y.
Name of Appellon.t Street.and Number
Sou.thold (Laurel) New. Y~rk ' ~rac~¥ pEA
........................................................................................................ ; ...................... AP L TO
Municipality. State
THE zONING BOARD OF APPEALS FROM Tl~l~ DECISION OF. ,THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ......................................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
Name of Applicant for permit
of
PO Box 567 Laurel New York
Street and Number Municipality State
(X) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
1; LOCATION OF THE, PROPERTY ]~.17..';~ ~ ,~.q~d, M~.tt-itu~..k. "BI'. ~? ·
..Street, . Use District: on: Zoning. Map
.... ' ' ' ' ~ r Present, O~mere. Joseph and
T,a.x Map 10,0.0/14~f03/03~ .... ;.'.~.... ~ __.
......... ~ ..... ' .................................................. , ............ uw~-t~L~). L, on~r. ance
Map No. . Lot Np, . (Appi~cant, ~'~,COnt-r~ct Vendee)
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article VII, Section 100-70 and Art VII Sec IO0-RO 100-~1 etc
(X)
TYPE OF APPEAL Appeal is made herewith for
A VARIANCE t6 the Zoning Ordinance or Zoning Map
A VARIANCE due to 1~:6~'bf access (State of New York Town Law Cha~. 62 Con~s.~Laws
:Art. ]6'Sec. 28QAi Subsed'ion 3 . ~
4. PREVIOUS APPEAL A previous appeal (has) (has not) been '~ode ~;ith respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was (;) request for a special permit
(.,) request for a variance
and was made in Appeal No..3..1...0..0.....&.....3..1..0..1. ...... Dated ....M...a~.....2.7..,....1..?.~ .3. ...............
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(X) A Variance to the Zoning Ordinance
( )
is requested for the reason that we would like to
Applicant received under Appeal ~3100 and 3101 a variance of Zoning
Ordinance Article VII and a Special Exception under Zoning Ordinance
Article VIII and herein seeks relief from Condition No. 7.
Folxn ZBI
(Continue on other side)
REASON Ec)h~ APPEAL
Continued
i. STRICT APPLICATION OF THE ORDINANCE would produce practical~ifficultiesorunneces-
spry HARDSHIP becau~
No 'C" Light industrial property is located in aY area condusive to
a retail Boat Shop. ~,~,~
Main Roa~ frontage is^to ~xp~se the product to the public
properly. Utilx~at~n of,~he exxstxng masonr~ bui~d~Bgis, because
of it's location,' u~iqu~ly appropriate for the ~ppo~d use.
· Failure ~o gra~ rele~f from Condition NO.. 7 a~ or~iginally
xmposed w~uld r~Wu.lt'~fn ~nf~xr and unique hardsh'ip'~i~ ~n llgh~ ~6f
all the cxrcumstances exxstxng, includfng the refusal of the
adjacent owner to grant the necessary, easement under reasonable
terms and conditions.
2, The hardship created is UNIQUE ond is not shared by all properties alike in the immediate
vicinity of this property and in this use district because there is an ~xisting structure
on the premises which would be partly demolished and a new_store .
front er. ected. Thus improving the appearance of the general are~.
Further. ~h'~ n.~t~'~0f ~'~o~d~e'd~ is in comfo.rmity with and
complimentary to the su. rrounding uses~and the archztectural
~str~c~ttf~'' df' th~' ex[~t.~ng masonry building/bac~se~ ~f, ceil£mg, h~ight
a~.d.~.~i~n_.~n.~i~s· (~n~que~y deszgned so.as to lend ztself to the
P~br~e~Fu~'~.a~"~-~ail sale outlet for Sa~l Boats.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because There are already ~hree (~) boat
sales operations in the general neighborhood. _
This operation would be interested in the sale,repalr and
storage of SAIL CRAFT and accessories. There is not pow, nor
in the near future any plans to sell! install or repazr out-board
motors. Such use will therefore be zn harmony with and promote the
existing retail character of the District.
'~:I~ARD OF APPEALS~ TOWN OF SOUTHOLD
In the Matter of the Petition of'
ROGER L. MUNZ
totheBoardofAppealsoftheTownofSouthold
TO:Board of Appeals
Town of Southold :'
Main Road
Southold, NY 11971
YOU ARE HEREBY GIVEN NOTICE:
1, That it is the intention of the undersigned to petition the Boa.
to request a~ariance~)~i Excepti~ (Special Permit) (Other)
NOTICE
TO -'
' * ADJACENT
OWNER
Appeals of the Town of Southold
[~ircle choice]
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: 13175 Main Road. Mattituck, New York
3. That the property which is the subject of such Petition is located in the following zoning district:
4. That by such Petition, the undersigned will request the following relief: eonf{rmat{on of a
use variance and special exception permitting of pr mises for retail
sale, repair and storage ot sail boats with ret'ie£ ~rom coalition ~
~-k~i..vused ,.,dez avveal ~31C,q a,-.d 3101.
5. That the provisions of the Southold Town Zoning Code app cable to the relief sought by the under-
6 That wthnfiveda s from the date hereof a . .
· . Y , written retitmon requesting the relief specified above will
be filed in tt~e Southold Town Clerk's Office at M.ai?.R. oa_d.~_So.u_t~h~old New york and You may then and there
exam ne the same during regular office hours. I~±~; /b:.,~-AUUT~.
7. That before the relief sought may be granted, a public hearing musl~ be held 0n the matter by the :
Board of Appeals; that a notice of such hearing must be published at least fiv~ days prior to the dat.e, of su.ch
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watcflman, new, papers pubhshed ~n the
Town of Sou.thold and .designated for the publica!ion of Such notices; that yo~u or your representative have the
right to appear and be heard at such hearing, ii!//// ·
Dated:
Post Office Address
PO Box 567
Laurel, NY 1194S
0t Sout ol
NAM~
PROOF OF MAltING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
George L. Cullen
Pike Street
Mattituck, NY
Mr. James Naris
and wife
PO Box 1220
Mattituck, NY
Mattituck Park District
Mattituck, NY
Walter L. Dohm
11952
11952
Box 24 ~ ~,~
Mattituck, NY 11952
PS Fo,m~a 3800, Feb. 1982
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
SS.:
~'Fo ~ ~ ~o~ . being duly sworn, deposes and says that on the ~( day
of ~un~ ' ~ ,19 ~ , 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 addressrs ~f said~pers~ns,~s shown on
the current assmsment roll of the Town,of 5outhold; that said Notices were mailed at the United States Post ~-
rice at ~ ~S ~ ~ ; that said Notices were mailed to each of said persons by
(certified) (registered) mail.
Sworn to before me this
day of ~[-,~-e_
Notary Public
SUSAN M. CARDIN.~L~
NOTARY PUBLIC, State of New York
No. 52.4619540, Suffolk County
Commission Ex,res Merch
IIENRY Ii. RAYNOR, h., Chairman
JAMES WALt.
BENNETT ORI OWSKI, Jr.
Slay
Southold, N.Y. 11971
January 12, i984
TEI,EPIIONE
765 - 1.938
Mr. Philip J. Cardinale
Cardinale & Cardinale
Main Road, Drawer W
gamesport, New York 11947
Re: Munz/ Cataloan Site Plan
Dear Mr. Cardinale:
Tho following action was taken at the Southold '£owu
Planning Board meeting, Monday, January 9, 1984.
RESOLVE[} that the Southold Towu Planning Board approve
the site plan of Victor Catalano and Roger Munz for the
retail sale of boats subject to the approval from the
Zoni]g Board of Appeals.
Very truly yours,
By Diano~. ochult~
Zoning Board of Appea~s
The N.Y,$. £n~vironmental Quality Review ~ct requ!re$ sub-
mission of this~prm, and an envtronmental lview will be
made by this bo~P'd before any action s tak~.
SHORT ENVIRONMENTAL ASSESSMENT FORM
INSTRtTT!ONS~
(a) In order to answer %he questions in this short EAr is i· assume4 %hat
preparer will use currontly available information concerning ~he project and
l~kely impacts of the action, It is not erpec%ed that addi~ional s:udiest rs·catch
or o:har investigations will he undertaken.
(b) If ·ny question has been answered Yes the project may be significan: an~ ·
completed Environnen~al Assessment Borm is necessary.
(c) Z£ all questions have been answsre~ No l~ is likely that this projec: is
net s~gnifican%.
(d) Envirommental Assessment
1. Will project result in · large physical cbmnge
to the project site or physically alter more
than 10 acres of land? , , , , , , . · · · Yes ~/ No
2. Will there be a major chang· ~o any unique or
unusual land forth found on th· si%e? · , , Yes ~ Nc
3. Will project alter or have s large affect on
an existing body of wa%mr? , , , , . · · · ... Yes .~/ No
&, Will project have · potentially large lmpacl~ on
groundwater quality? · , · · , · · · , · · Yes No
Will project significantly sffe¢~ drainage flow
6, Will project affect any threatened or end·nger·d
plant or animal species? , , · · · , , · · ~- Yes ~ No
7, Will project result in · major adverse effect on
8, Will project have a major effect on visual chaD-
attar of %he community or scenic views or vis%as
known ~o ~e import·n% to the community? , · ·.. Yes -- No
9, Will project adversely impact any si:e or s%ruc~-
uts of his:oric~ pre-historiet or pmleontolo~i¢·l
import·ncc or any site designated as · cri~ioal
environmental are· by a local agency? · · · -- Yes .~_ No
10. Will proJec~ have · major effect on existing or
future recreational opportunities? , · · Yes . ~. No
11. Will project result in major traffic problems or
cause a major effect to existing transportation
12. Will project regularly cause objectionable odors,
noise~ glare, vibration, or electrical disturb-
13, Will project have any impact on pub].ic health or
la, Will project Affect %he existing community by
directly causing · ~rowth in ~ermanent popu~a-
tlo~ of more t~an 5 percent over e one-year
period or have a major negative effect on the
charact~ of the com. munity ~r neighborhood?.
QUESTIONNAIRE TO BE COMPLETED AND FILED WITH APPLICATION TO THE Z.B.A.
The t~ew York State Tidal Wetlands and Use Regulations, G NYCRR, Part 661, requires
an application to the N.Y.S. Department of Environmental Conservation, Environmental
Analysis Unit, Building 40, S.U.N.Y., Stony [3rook, NY 11794, (tel. 516-751--7900), if
you have checked Box #1 and/or Box #6 below. Please either call their office or
personally visit them at their Stony Brook office for instructions and application
forms. Once you have received written notification of approva please provide our
office with a copy (with the conditions) as early as possible in order that we may
continue processing your Z.B.A. application.
[ ] I.
[ ]
IV] 3.
[ ] 4.
[ ! 5.
[ ] 6.
[ ] 7.
Waterfront without bulkheading
Waterfront with bulkheading in good condition
[ ] the full length of the property
[ ] at least 100' in length
Not located within 300~ of waterfror~t or wetlands area
May be located within 300' of waterfront or wetlands area; however,
the following structure separates [,~y property from this environmental
area:
[ ] 50' existing road
[ ] existing structures
[ ] bluff area more than 10' in elevation above mean
sea level
This proposed addition/expansion of an existing building will be more
than 75' from the landward edge of tidal wetlands/waterfront areas.
This proposed addition/e;(pansion of an existing building will NOT be
more than 75' from the landward edge of tidal wetlands/waterfro~t
area.
Please be aware that any and all subdivisions and new dwellings will also require an
application to the N.Y.S. Department of Environmental Conservation for their review
and approval. If you are able to provide them with recent photograpn~ of ~he
project and wetland areas, it would help expedite the processing of your
This quest~onna~r is made to explain the requirements of this 5tare t_aw and to
prevent any unnecessary delays in processing your application?).
7
b
0
Southold Town Board of Appeals
MAIN ROAD- BTATE ROAD 25 BOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3100
Application Dated March 18, 1983
TO: Philip J. Cardinale, Esq.
Mr. Roger L. Munz
Mr. Victor Catalano
(Public Hearing held 4/20/83.)
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on MAY 27¢ 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 VII , Section 100-70 and 100-71
[ ] Request for
The public hearing on .this application was held on April 20, 1983.
Application for ROGER L. MUNZ and VICTOR CATALANO by Philip J.
Cardinale, Esq., Main Road, Drawer W, Jamesport, NY for a Variance to._
the Zoning Ordinance, Article VII, Sections 100-70 and 100-71, and
Article VIII, Sections 100-80 and 100-81 for permission to establish
retail sales of boats on this 17,913 square foot parcel, in a B-1 Zone.
Location of Parcel: 13175 Main Road, Mattituck, NY; County Tax Map
Parcel No. 1000-140-03-038.
By this appeal, appellants seek a variance for permission to
establish retail sales of boats in this "B-1 General Business"
District. Article VIII, Section 100-80(B) of the zoning code permits
such a use in a "C-Industrial" District after receiving both site
plan approval from the Planning Board and Special Exception approval
by this board. In an application filed simultaneously herewith,
appellants have requested a Special Exception from Article VIII,
Section 100-80, and appellants have also received conditional site
plan approval from the Southold Town Planning Board dated May 16,
1983.
Existing on the premises is a 50' by 40' garage structure which
has for many years been used for automobile repairs. This structure
is situated approximately 60 feet from the Main (S.R. 25) Road
property line, 93 feet from the rear property line to the north,
10' from the westerly sideyard area and 18' from the easterly
sideyard area. Appellants are proposing a 24' by 50' outside
display area directly in front of the existing 50' by 40' proposed
showroom/sales area, and the off-street parking will be provided in
an area within 58' of the Main Road property line. Also proposed
is a 6' by 45' planting area. The total lot area is 17,913 sq. ft.
In considering this appeal, the board determines: (1) that
the use applied for will not alter the essential character of the
neighborhood; (2) that the use will not prevent the orderly and
reasonable use of adjacent properties or of properties in adjacent
use districts; (3) that the use will not prevent the orderly and
reasonable use of permitted or legally established uses in the
district wherein the proposed use is to be located, or of permitted
or legally established uses in adjacent use districts; (4) that
the safety, health, welfare, comfort, convenience or order of the
town will not be adversely affected by the proposed use and its
bk~kD: June 6, 1983. CHAIRMAN, SOUTHOLD TOW~N ZONING BOARD
OF APPEALS
Form ZB4 (rev. 12/81)
Appeal No. 3100 - Variance
Matter of ROGER L. MUNZ and VICTOR CATALANO
Decision Rendered May 27, 1983
location and (5) that the use will be in harmony with and promote
the general purposes and intent of this chapter.
On motion by Mr. Goehringer, seconded by Mr. Douglass, it was
RESOLVED, that Appeal No. 3100, application by ROGER L. MUNZ
and VICTOR CATALANO FOR A VARIANCE to establish retail boat sales
boat sales in this B-1 Zone, BE AND HEREBY IS APPROVED ~UBJECT
TO THE FOLLOWING CONDITIONS: '.,
1. No storage of boats shall be permitted in the front parking
or ingress/egress vehicle areas; '/
2. No repairs or finishing of fiberglass is permitted outside
of the building;
3. The designated parking areas shall remain open and unob-
structed at all times from storage of any materials;
4. The 6' by 45' planting area as indicated on the site plan
shall always be maintained;
5. No vehicles shall be permitted to be backed out onto the
State Highway;
6. The westerly 10' egress and the easterly 18' egress along
both sides of the building and extending up to the State Highway
shall remain totally unobstructed at all times for access by emer-
gency and other vehicles;
7. That the agreement between the apppellants and James and
Deborah Navas (or subsequent owners) permitting accessibility over
the proposed easement area (as shown on the 1/12/51 sketched-in survey)
shall be in effect at the time this variance is effectuated, excep.~
that. no storage of boats will be permitted in the front parking area
at any time;
8. Compliance with the Southold Town Planning Board conditions
dated May 16, 1983.
Location of Property: 13175 Main (State Road 25) Road, Matti-
tuck, NY; County Tax Map Parcel No. 1000-140-03-038.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sawicki. (Member Grigonis was absent.) This resolution was
unanimously adopted.
APPROVF. D.
c~man BOard of Appem$
/4'2.00
/
/
/
GARRETT A. STRANG
Main Road P.O. Box 1412 Southold N.Y. 11971
516-765- 5455
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