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HomeMy WebLinkAbout3695r i94 :d of Apped Is 30uthoid I own ffoar y„z: MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS App No. 3695 -SE Application Dated November 9, 1987 TO: Mr. Henry J. Smith [Appellant(s)] Henry J. Smith & Son, Inc.. Main Road Southold, NY 11971 At a Meeting of the Zoning Board of Appeals held on January 11, 1988, the above appeal was considered, and the action indicated below was taken on your j ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [X] Request for -Special Exception under the Zoning Ordinance Article VIII, Section 100-80(B) j ] Request for Variance to the Zoning Ordinance Article , Section [..]...Request for • Application of HENRY J. SMITH & SON INC. a Special Exception to the Zoning Ordinance, rticfe VIII, ---5 1 - (B) for permission to construct truck -storage building in this " -Li Industrial" Zoning District at premises known as 2740 Peconic Lan Peconic, NY; County Tax Map District 1000, Section 74, Block 2, Lot 9.1. WHEREAS, a public hearing was held an �YrJ. cluded on December 10, 1987 in the Matter of the Application SMITH & SON under Application No. 3695; and WHEREAS, at said hearing all t ose ho desired to be heard were heard and their.testimony recor ed; nd WHEREAS, the Board has caref onsidered all testimony and documentation submitted concernin his application; and WHEREAS, the Board Members ve personally viewed and are familiar with the premises in ue tion, its present zoning, and the surrounding area/da WHEREAS, the Boe th following findings of fact: 1. The premisee ion is located along the east side of Peconic Lane (extt the west side of Carroll Avenue), Peconic; is located in the C -Light Industrial" Zoning District; and is identified on the S olk County Tax Maps as District 1000, Section 74, Block 2, Lot 1 .1 (prev. 19 and 12). 2. The subject premises is improved with the following structures: (a) wood -frame 25' by 25' one -car garage and carport building, (b) above -ground elevated storage tank, (c) 20' by 24' wooden -frame [storage] building, all as shown on the August 24, 1987 Site Plan prepared by Samuels -Steelman, Architects. 3. By this application, applicant requests a Special Exception concerning the use of a proposed one-story garage building for storage of fuel -oil trucks associated with Henry J. Smith & Son (the current occupant of the premises). The building proposed is of a size 36 ft. by 75 ft. with a minimumsetbackof 30 feet from the nearest southerly (CONTINUED ON PAGE TWO) DATED: January 11, 1988. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD - OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appl. No. 3695 Matter of HENRY J. SMITH & SON Decision Rendered January 11, 1988 property line and at 190 feet from the westerly. -front property line. The subject building is proposed to be located directly over the division line between Lots 1 and 2 (see.endorsed subdivision map of the Planning Board of March 1985). 4. For the record it is also noted that: (a) the width of the subject premises as exists was sanctioned under Appl. No. 3309 on January 24, 1985 for the divisionapproved by the Planning Board in March 1985, (b) the premises was -the subject of prior Appl. No. 676 of June 25, 1964,for a division of land concerning premises identi._fied as Lots 22 and 23 on the Suffolk County Tax Map, District 1000, Section 74, Block 3. 5. It shall be understood based upon the submissions under this application that: (a) the subdivision of Lots 1 and 2 shall become null and void in its entirety once a building permit has been issued and construction commenced; (b) a Covenant in legal form shall be furnished to the Planning Board from the .property owner, with copies to the Building Department and Board of Appeals, certifying the waiver and nullification of the 1985 Subdivision, and re -merging the premises into one lot as shown on the Site Plan Map prepared August 24, 1987 by Samuels -Steelman Architects under consideration, (c) in the event Items (a) and (b), supra, are not complied with, no building permit[s] shall be issued unless application is filed and considered by this Board for an Amended Special Exception (or other action as may be deemed necessary accordingly). 6. It shall also be understood that this project: (a) shall not violate any building or zoning code regulations; (b) appropriate screening and lighting which will not be adverse to neighboring residential properties will be provided and additionally considered by the Planning Board ..-under the requirements of Article VIII, Section 100-80. 7. In considering this application, the Board also finds and determines: (a) that the use requested is consis- tent and coincidental to the established fuel -storage use of of the premises; (b) that the use requested will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent -use districts; (c) the use will not adversely affect the safety, welfare, comfort, convenience, or order of the town; W. the use.is in harmony with and promotes the general purposes and intent of this C -Light Industrial Zoning District. The Board has also considered subsections [a] through [1] of Article XII, Section 100-121- (C)[2] of the Zoning Code in making this determination. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Douglass,. it was RESOLVED, to GRANT a Special Exception for permiss-ion to use proposed storage building for the storage of trucks Page 3 - Appl. No. 3695 Matter of HENRY J. SMITH & SON Decision Rendered January 11, 1988 incidental and consistent with the existing use (for fuel oil storage) of HENRY J. SMITH & SON, SUBJECT TO THE Fni I nWTN17 C.nNnTTTnNS- 1. Compliance with paragraphs 5 and 6, supra; 2. Main egress/ingress shall be off the east side of Peconic Lane (rather than Carro]1 Avenue); 3. Action of the Southold Town Planning Board concerning Site -Plan approval, etc. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. GERARD P. GOEHRINGE-R, CHAIRMAN January 13, 1988 10 B0 Appeals Southold ' wn ard of MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS App No. 3695 -SE Application Dated November 9, 1987 TO: Mr. Henry J. Smith [Appellant(s)] Henry J. Smith & Son, 'Inc. Main Road Southold, NY 11971 At a Meeting of the Zoning Board of Appeals held on January 11, 1988, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Duet o of Access to Property New York Town Law, Section 28 a [X] Request for Special Excepti n u er the Zoning Ordinance Article VIII, Section 1 -80(B) [ ] Request for Variance to th o ing Ordinance Article , Section [..] Request for Application of HENRY J. SMITH & SON I 7for a Special Exception to the Zoning Ordinance, Article fiction 100-80(B) for permission to construct truck -storage building in th s "C -Light Industrial" Zoning District at premises known as 2740 Peconic1. alie, Peconic, NY; County Tax Map District 1000, Section 74, Block, of 19.1. WHEREAS, a public hearing was held aoncluded on December 10, 1987 in the Matter of the Application of HENRY J. SMITH & SON under Application No. 3695; and WHEREAS, at said hearing all tho o desired to be heard were heard and their testimony recorde and WHEREAS, the Board has carefuly nsidered all testimony and documentation submitted concernthis application; and WHEREAS, the Board MembersPe ersonally viewed and are familiar with the premises in qio , its present zoning, and the surrounding areas; and WHEREAS, the Board made llowing findings of fact: 1. The premises in questio i•s,located along the east side of Peconic Lane (extending to the est side of Carroll Avenue), Peconic; is located in the "C -Light Industrial" Zoning District; and is identified on the Suffolk County Tax Maps as District 1000, Section 74, Block kLot 19.1 (prev. 19 and 12). 2. The subject premises is improved with the following structures: (a) wood -frame 25' by 25' one -car garage and carport building, (b) above -ground elevated storage tank, (c) 20' by 24' wooden -frame [storage] building, all as shown on the August 24, 1987 Site Plan prepared by Samuels -Steelman, Architects. 3. By this application, applicant requests a Special Exception concerning the use of a proposed.one-story garage building for storage of fuel -oil trucks associated with Henry J. Smith & Son (the current occupant of the premises). The building proposed is of a size 36 ft. by 75 ft. with a minimum setback of 30 feet from the nearest southerly (CONTINUED ON PAGE TWO) DATED: January 11, 1988. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appl. No. 3695 Matter of HENRY J. SMITH & SON Decision Rendered January 11, 1988 property line and at 190 feet from the westerly -front property line. The subject building is proposed to be located directly over the division line between Lots 1 and 2 (see.endorsed subdivision map of the Planning Board of March 1985). 4. For the record it is also noted that: (a) the width of the subject premises as exists was sanctioned under Appl. No. 3309 on January 24, 1985 for the divisionapproved by the Planning Board in March 1985, (b) the premises was -the subject of prior Appl. No. 676 of June 25, 1964.for a division of land concerning premises identified as Lots 22 and 23 on the Suffolk County Tax Map, District 1000, Section 74, Block 3. 5. It shall be understood based upon the submissions under this application that: (a) the subdivision of Lots 1 and 2 shall become null and void in its entirety once a building permit has been issued and construction commenced; (b) a Covenant in legal form shall be furnished to the Planning Board from the .property owner., with copies to the Building Department and Board of Appeals, certifying the waiver and nullification of the 1985 Subdivision, and re -merging the premises into one lot as shown on the Site Plan Map prepared August 24, 1987 by Samuels -Steelman Architects under consideration, (c) in the event Items (a) and (b), supra, are not complied with, no building permit[s] shall be issued unless application is filed and considered by this Board for an Amended Special Exception (or other action' as may be deemed necessary accordingly). 6. It shall also be understood that this project: (a) shall not violate any building or zoning code regulations; (b) appropriate screening and lighting which will not be adverse to neighboring residential properties will be provided and additionally considered by the Planning Board under the requirements of Article VIII, Section 100-80. 7. In considering this application, the Board also finds and determines: (a) that the use requested is consis- tent and coincidental to the established fuel -storage use of of the premises; (b) that the use requested will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent -use districts; (c) the use will not adversely affect the safety, welfare, comfort, convenience, or order of the town; W. the use.is in harmony with and promotes the general purposes and intent of this C -Light Industrial Zoning District. The Board has also considered subsections [a] through [1] of Article XII, Section 100-121- (C)[2] of the Zoning Code in making this determination. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Douglass,. it was RESOLVED, to GRANT a Special Exception for permission to use proposed storage building for the storage of trucks Page 3 - Appl. No. 3695 41988 Matter of HENRY J. SMITH & SDecision Rendered January 11 incidental and consistent wi h the existing use (for fuel oil storage) of HENRY J. SMIJH & SON, SUBJECT TO THE Pf1I I MAT NIS rnNnTTTnV,- 1. Compliance with paragraphs 5 -and 6, supra; 2. Main egress/ingres shall be off the east side of Peconic Lane (rather than C rr-o.71 Avenue_):; 3. Action of the Sout old Town Planning Board concerning Site -Plan approval, etc. Vote of the Board: Aes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Melas ber Doyen of Fishers Island was absent.) This resolution duly adopted. I M, GERARD P. GOEHRINGER, CHAIRMAN January 13, 1988 '. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 7651809 ACTION OF THE ZONING BOARD OF APPEALS App No. 3695 -SE Application Dated November 9, 1987 TO: Mr. Henry J. Smith Henry J. Smith & Son, Inc. Main Road Southold, NY 11971 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on January 11, 1988, 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 [X] Request for Special Exception under the Zoning Ordinance Article VIII, Section 100-80(B) [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for Application of HENRY J. SMITH & SON INC. for a Special Exception to the Zoning Ordinance, 7{rticIe VIII,—S-e-ctlon 100-80(B) for permission to construct truck -storage building in this "C -Light Industrial" Zoning District at premises known as 2740 Peconic Lane, Peconic, NY; County Tax Map District 1000, Section 74, Block 2, Lot 19.1. WHEREAS, a public hearing was held and concluded on December 10, 1987 in the Matter of the Application of HENRY J. SMITH & SON under Application No. 3695; 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. The premises in question is located along the east side of Peconic Lane (extending to the west side of Carroll Avenue), Peconic; is located in the "C -Light Industrial" Zoning District; and is identified on the Suffolk County Tax Maps as District 1000, Section 74, Block 2, Lot 19.1 (prev. 19 and 12). 2. The subject premises is improved with the following structures: (a) wood -frame 25' by 25' one -car garage and carport building, (b) above -ground elevated storage tank, (c) 20' by 24' wooden -frame [storage] building, all as shown on the August 24, 1987 Site Plan prepared by Samuels -Steelman, Architects. 3. By this application, applicant requests a Special Exception concerning the use of a proposed one-story garage building for storage of fuel -oil trucks associated with Henry J. Smith & Son (the current occupant of the premises). The building proposed is of a size 36 ft. by 75 ft. with a minimum setback of 30 feet from the nearest southerly (CONTINUED ON PAGE TWO) DATED: January 11, 1988. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appl. No. 3695 Matter of HENRY J. SMITH & SON Decision Rendered January 11, 1988 property line and at 190 feet from the westerly front property line. The subject building is proposed to be located directly over the division line between Lots 1 and 2 (see endorsed subdivision map of the Planning Board of March 1985). 4. For the record it is also noted that: (a) the width of the subject premises as exists was sanctioned under Appl. No. 3309 on January 24, 1985 for the division approved by the Planning Board in March 1985, (b) the premises was the subject of prior Appl. No. 676 of June 25, 1964 for a division of land concerning premises identified as Lots 22 and 23 on the Suffolk County Tax Map, District 1000, Section 74, Block 3. 5. It shall be understood based upon the submissions under this application that: (a) the subdivision of Lots 1 and 2 shall become null and void in its entirety once a building permit has been issued and construction commenced; (b) a Covenant in legal form shall be furnished to the Planning Board from the property owner, with copies to the Building Department and Board of Appeals, certifying the waiver and nullification of the 1985 Subdivision, and re -merging the premises into one lot as shown on the Site Plan Map prepared August 24, 1987 by Samuels -Steelman Architects under consideration, (c) in the event Items (a) and (b), supra, are not complied with, no building permit[s] shall be issued unless application is filed and considered by this Board for an Amended Special Exception (or other action as may be deemed necessary accordingly). 6. It shall also be understood that this project: (a) shall not violate any building or zoning code regulations; (b) appropriate screening and lighting which will not be adverse to neighboring residential properties will be provided and additionally considered by the Planning Board under the requirements of Article VIII, Section 100-80. 7. In considering this application, the Board also finds and determines: (a) that the use requested is consis- tent and coincidental to the established fuel -storage use of of the premises; (b) that the use requested will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent -use districts; (c) the use will not adversely affect the safety, welfare, comfort, convenience, or order of the town; (d) the use is in harmony with and promotes the general purposes and intent of this C -Light Industrial Zoning District. The Board has also considered subsections [a] through [1] of Article XII, Section 100-121- (C)[2] of the Zoning Code in making this determination. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, to GRANT a Special Exception for permission to use proposed storage building for the storage of trucks Page 3 - Appl. No. 3695 Matter of HENRY J. SMITH & SON Decision Rendered January 11, 1988 incidental and consistent with the existing use (for fuel oil storage) of HENRY J. SMITH & SON, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Compliance with paragraphs 5 and 6, supra; 2. Main egress/ingress shall be off the east side of Peconic Lane (rather than Carroll Avenue) 3. Action of the Southold Town Planning Board concerning Site -Plan approval, etc. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. 1k GERARD P. GOEHRING , CHAIRMAN January 13, 1988 RECEIVED AND FILED BY THE SO'uTiiC LD TOVAI CLEM DATE I' -OUR Town Clezk, Town °f JJ b 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 hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS; at a'Regular Meeting at the'Southold Town Hall, Main Road, Southold, New York, on'THURSDAY; DECEMBER 10; 1987 at the following times: 7:30 p.m. Appl. No. 3566 = THEODOSE TRATAROS and ERAKLIS APODIACOS. Variance to the Zoning Ordinance, Article III, Section 100-31,.Bulk Schedule, for approval of insufficient lot area of proposed Parcel #1 -in this pending set-off division of land located along the south side of the Main Road, and -extending along the -east side of Wiggins Lane, Greenport, NY; County Tax Map District 1000, Section 35, Block 5, Lot 3, containing a total area of 3.262 acres. 7:35 p.m. Appl. No. 3694 —THERESA CZECH. Variance to the Zoning Ordinance, Article III, Section 100=31,Bulk Schedule, for approval of the construction of open deck with an insufficient rearyard setback from the east property line at premises known as 150 Goldin Lane, Southold, NY; County Tax Map District 1000, Section 135,�-�Block 2, Lot 19. 7:40 p.m. Appl. No. 3695 -'HENRY J. SMITH & SON. Special Exception to the Zoning Ordinance, Article VIII, Section 100-80(B) for permission to construct truck -storage building in this "C-LSght Industrial" Zoning District.at premises known as 2740.Peconic Lane, Peconic, NY; County Tax Map District 1000, Section 74, Block -2, Lot 19.1. 7:45 p.m. Appl. No. 3689 =PETER AND DIANE LUHRS. Special Exception to the Zoning Ordinance, Article VII, Section 100-70(B) for permission to construct addition for a repair station in conjunction with Special Exception Permit #3161 rendered October 11, 1983, at premises known as 45845 North Road, Southold, NY; County Tax Map District 1000, Section 55, Block 02, Lot 17. Zone District: "B-1." 7:50 p.m. Appl. No. 3691 - HOSNY SELIM:-- Variance to the Zoning Ordinance, Article III, Section 100-32 and Page 2 - Notice of hearings Southold Town Board of Appeals Regular Meeting - December 10, 1987 Article XI, Section 100-119.2 for permission to locate inground swimmingpool with decks and fence enclosure landward of existing dwelling in the front yard and within TOO feet of the Long Island Sound, at premises known as 855 Soundview ' Avenue, Mattituck, NY; County Tax Map District 1000, Section 94, Block 01, Lot 07. 8:05 p.m. Appl. No. 3696 - RICHARD NASS. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for per- mission to locate open wooden deck with a setback of less. than 75 feet from existing bulkhead along canal, at premises known as 50 Willow Point Road, Southold, NY; County Tax Map District 1000, -Section 56, Block 5, Lot 25. 8:10 p.m. Appl. No. 3676 =ANTHONY ROBUSTELLI. Variances to the Zoning Ordinance, Articles: (a) III, Section 100-31 as to insufficient rear yard and side yard, and (b) XI, Section 100-119.2 as to insufficient setback from bulkhead and ordinary highwater mark, -and (c) III,'Section 100-31 as to excessive lot coverage, for the proposed construction of a deck addition, at premises known as 5 Haywaters Road, Cutchogue, NY; Lot 23 and part of 22, Peconic Bay Properties; County Tax Map District 1000, Section 111, Block 1, Lots 19 and 18. A r 8:15 p.m. Appl. No. 3671 - ANDRE AND THOMAS CYBULSKI. Variance to the Zoning Ordinance, Article III, Section 100-30A for permission to utilize premises for book -publishing operations, wholesale book storage, and updated 280-A approval over the existing private right-of-way for such use. Zone District. "A" Residential and Agricultural. Location of Property: West Side Depot Lane, Cutchogue, NY; D;strict 1000, Section 96, Block 5, Lot 1.2 and part of 1.1. 8:25 p.m. Appl. No. 3543 -'PETER AND BARBARA HERZ. Variances to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to locate -new single-family dwelling with insufficient setbacks from existing bulk- head and from highwater areas along Midway Inlet and Hog Neck Bay, premises known as 70 Cedar Point Drive, Southold, NY; Cedar Beach Park Map, Part of Lots 152 and 110, County Tax Map Parcel No. 1000-90-02-13.1. 4 1► Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting - December 10, 1987 8:40 p.m. Appl. No. 3561 - DOROTHY L. ROBERTSON. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of the insufficient lot area of two proposed parcels in this pending set-off division of land with frontage along the south side of North View Drive, the east side of Private Road and the north side of South View Drive, Orient, NY; County Tax Map District 1000, Section 13, Block 1, Lot 10. 8:55 pm. Appl. No. 3686 - FREDERICK AND DIANE RAYMES. Variances to the Zoning Ordinance, Articles: (a) XI, Section 100-119.2 for permission to locate dwelling with a"setback of less than 75 feet from existing bulkhead along Gull Pond Inlet, (b) III, Section 100-31, for permission to locate dwelling with an.insuffi.cient frontyard setback, at premises known as 704 Wiggins Lane, Greenport, NY; County Tax Map District 1000, Section 35, Block 4, Lot 19. The Board of"Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above matters. Each hearing will not start before the time allotted. Written comments may be submitted prior to the conclusion"of .the subject hearing. For more informa- tion, please call 765-1809. Dated: November 18, 1987. BY ORDER OF TH't SOUTHOLD TOWN BOARD" OF I�PPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary ---------------------------------------------------•------------x Page 4 - Legal Notice Mailing List Southold Town Board of Appeals Regular Meeting - December 10, 1987 Copies Mailed On or About 12/1/87 to: Mrs. Elizabeth Pantelis, 5804 Seventh Avenue, Brooklyn, NY 11220 Mr. H. Stabile, P.O. Box 245, East Marion., NY 11939 Mrs. Dinos Zervos, Orient, NY 11957 Mrs. Theresa Czech, 4 Goldin Lane, Southold, NY 11971 Mr. Henry J. Smith, Henry J. Smith & Son, Main Road, Southold, NY 11.971 Mr. and Mrs. Peter Luhrs, 1130 Soundview Avenue, Southold, NY 11971 Mr. Hosny Selim, 671 Vandam Street, North Woodmere, NY 11581 Dino Rossini, Esq., 151 Hempstead Turnpike, West Hempstead, NY 1-1552 Mr. Ronald StritzIer, 51 Stirrup' 'Lane, Roslyn Heights, NY 11577 (Re: Selim) Mr. John Bertani, 1380.Oakwood Drive,—Southold, NY 11971 (Re: Nass) Mr. Anthony Robustelli, 48 Revere Road, Manhasset, NY 11030 Abigail A. Wickham, Esq., Box 1424, Mattituck, NY 11952 (Re: Cybulski) Mr. Steven C. Fuchs, 4- Knoll Top Road, Stony Brook, NY 11790 ` Rudolph H_.. Bruer, Esq., Main Road, Southold, NY 11971. Patricia C. Moore, Esq., Edson & Bruer, Main Road, Southold, NY 11971 (as Attorney for ,Peter and Barbara Herz) Richard J. Cron, Esq. ,_,Cron & Cron, Main Road, Cutchogue, NY 11971 J. Kevin McLaughlin, Esq., Box 803, Greenport,.NY 11944 Rudolph H. Bruer, Esq., Main Road, Southold 11971 (Attorney for D. Robertson) Mr. and Mrs. Frederick Raymes, 24 Woodlot Lane, 'Huntington, NY 11743 FORM NO. 3 r ` TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERIC'S OFFICE . SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date ............11917.. File No . ....................... • ........ ,.. .. . To .� ...... ....................... ... �. PLEASE TAKE NOTICE that your application dated . ; ..... �'`'� ............ 19.��. for permit to construct ... • • • • • • .. ' U at D J�s;c�at �. �- Location of Property House No. Street Hamlet ® 6.�.'� County Tax Map No. 1000 Section ....P ....... Block .... Lot .. ... • • • Subdivision ................. Filed Map No. ................ Lot No. ................. at is returned herewith and disapproved on the following grounds `'� . r g '-�R)4_;1 cp ........................... ............................................... i e% ... 9�........... Building Inspector RV 1/80 4, Via' , Examined ................. 19 .. . FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 Approved ................. 19 ... Permit No........... . Disapproved a/c ..................................... LRD OF HEALTH -'SETS OF PSI ANS ... . SURVEY , CHECK .... SEPTIC FORM NOTIFY CALL ................ MAIL TO: .............................. (Building Inspector) APPLICATION FOR BUILDING PERMIT Date ...... May. 7 ........ 19.8.7. INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. Honxy. J... Smith. &. Son,. Inc. ............... . (Signature of applicant, or name, if a corporation) P.0... Box. /x,87, .Southold, , NY. 11971.......... (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. owner ............................................................................................... Name of owner of premises ... Henry, & Stella, Srplth, , , , ,, , , , , , , , ,,, , , , , , , , ,, , (as on the tax roll or latest deed) If applicant is a cbrporation, signature of duly authorized officer. Henry P. Smith, Presidept................ (Name and title of corporate officer) ALL CONTRACTOR'S MUST BE SUFFOLK COUNTY LICENSED Builder's License No. - TP9111atlon. #57719...... . Plumber's License No. .....-- ................ . Electrician's License No. .G&S .Electrical ....... Other Trade's License No . ..................... 1. Location of land on which proposed work will be done. ... Henry &Stella Smith. prgpQxty . . . . . . . . . .... . � �..........GaT...................... Peconic, New,York................................ House Number Street Hamlet County Tax Map No.1000 Section ... .. 7z. ...... Block .. ......5...... Lot ..1.9•.i ............. Subdivision . ...... ... Filed Map No . .............. Lot ............... (Name) 2. State existing'use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy o11 dopot ............................. b. Intended use and occupanc,, oil, depot,', , , , , , , , , , , , , , , , , , , , �Nature`of work (check which applic j: New Building ...... x.... Additiol, ...... Alteration .......... Repair .............. Removal , ........ Demolition ..........:`... Other Work ............... (Description) Estimated Cost ... �18.,,1.710 ............................. Fee ...................................... (to be paid on filing this application) If dwelling, number of dwelling units .6 .....-- ., ..... Number of dwelling units, on each floor ................ If garage, number of cars...........................:........................................... . If business, commercial or mixed occupancy, specify nature and extent of each type of use ....truck .storage .... Dimensions of existing structures, if any: Front ...i ......30 ... Rear ......30 ...... Depth ...30 . , ....... . Height :14� ........... Number of Stories....................................................... . Dimensions -of same structure with alterations or additions: Front ................. Rear .................. Depth ...................... Height ...................... Number of Stories ...................... Dimensions of entire new construction: Front .....36! ....... Rear ....36'......... Depth ...7.5'. ......... Height .. ..12! ... Number of Stories..........1.............................................. Size of lot: Front Seo . P144 Rear ...................... Depth ...................... Date of Purchase ...... 1?47 ................ Name of Former Owner .......' ..................... Zone or use district in which premises are situated .. school. district ..473805 .......................... . Does proposed construction violate any zoning law, ordinance or regulation: ......49 ........................ Will lot be regraded ........ r0 .................. Will excess fill be removed from premises: Yes No Name of Owner of premises . Henry, &- Stella, SmitrAddress ................... Phone No. .765 ;3.698 ...... Name of Architect . Morton, Buildings ......... ,Address ,Morton Illinois ... Phone No ................ Name of Contractor . NQrtn. $ulldli�gP ......... Address -Morton. Illinois ... Phone No ................ Is this property located within 300 feet of a nidal wetland? *Yes ..... No .. .. *If yes, Southold Town Trustees PermitPmay be required. ed. Locate clearly and distinctly all buildings, whether existing or proposed, and, indicate all set -back dimensions from perty lines. Give street and block number or description according to deed, and show street names and indicate whether ,nor or corner lot. see attached site plan TE OF NEW YORK, S.S JNTY OF ....*14UQ1.% ...... ..... Henry, P,._ ,Sjnith. ......................... being duly sworn, deposes, and says that lie is the applicant (Name of individual signing contract) ? -e named. the Presi�Lexlt. Ai'. Henx J... Smith &. Spn.. Id .. y �...................4, (Contractor, agent, corporate officer, etc;{{ iid owner or owners, and is duly authorized to perform or have performed the 'sa;d; work and to make and file this ication; that all statements contained in this application are true to the best of his knowledge and belief; and that the 1 will be performed in the manner set forth in the application filed therewith. :n to before me this ...... 19th .......... day of ........ June........., 19 .8 ! iry Public. .......... Suffolk ................ County/ 6EflNRoE7TE / �10TARY PUBLIC, are.3 e, oti �°"c���cpN xk ....... ; ('<;idinin Saulk Ott' 1 9� 1 � .......................... . �ammissiO� Expires � (Signature of applicant) RECEIVED NOV 0 9 1987 TOWN OF SOUTHOLD, NEW YORK 3•a 6 Pm APPLICATION FOR SPECIAL EXCEPTION Town Clerk South®Id Application No. Date Filed: 11-9-,P7 TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: I (We), Hence P Smith of Henry.J. Smith & son (Residence, mouse ­N. and Street Southold New York 11 1 16-765-3698 (Ham 6 - am et, StaEe, ip o e, a ep one um er hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE VIII SECTION 100 - 80B .,.SUBSECTION for the below -described property for the following uses and purposes (and as shown on the attached plan drawn to scale): County Tax Map 1000, Section 3, Block 19, Lot 1, Carroll Ave, Peconic, NY 11958 for truck storage, incidental to the present use of the property A. Statement 0f -Ownership and -Interest. Stella Smith is(are) the owner(s) of property known and referred to as Carroll' (House No., Street, Hamlet identified on the/Suffolk County Tax Maps as District 1000, Section'7 . Block Lot(s) ( -1 which is not M on.a subdivision Map (Filed , "Map of... Filed Map No. and has been approved by the Southold Town Planning Board on' as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on 1947 B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: Property is being used for the purpose of fuel oil and truck storage since 1947• Tanks used for storage are tested regularly. C. The property which is the subject of this application is zoned light industrial and eXisfi j3 [xx] i.s .consistent with tizehuse(s)—de&-c c eI­ng fi_-rnichurl h-y.A;,';+T L ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): [ ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORK) ss.: i gna Sworn to before me this 9thday of November , 19 87• uta y ub`1Tc') $ernadett L. Taplin No. 4844893 ZB2 (rev. 2/6/86) o- rz 1Ja��r� t. i P.laS fS ! i .fr, Sime of New York suffolk c.unty bAN-) W;res serlb ,3J, 9q 41 TOWN OF SOUTHOLD kOPERTY RECORD CARD OWNER STREET VILLAGE DISTRICT SUB.- LOT FORMJR OWNER NW E ACkEAGE SI e) TYPE OF BUILDING IES. SEAS. VL. FARM�M.IND. CB. misc.Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS A/I b/d A000 -v ;<16. z r1_3 'r t� To j 0 0 0 1 0 Soo 21(11,aAGE YILDIN5v&NDI 10 C11 -y -m eL t. C, NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Form Acre Value Per Acre Value FRONTAGE ON ROAD Tillable 1 Binw, -D rz, 0//"/ Tillable 2 Doe< - Tillable 3 Woodland Swampland Brushld._.- House Plot Total -ft- M. Bldg. FoundationBoth Extension 'Basement Floors. Extension Ext. Walls interior Finish Extensioa 'Fire Place r Heat Porch Roof Type Porch i Rooms I st Floor Breezeway I alio Rooms 2nd Floor Garage Driveway 'Dormer a =>0 ico.o OF IV, r.rl CO <_0K CQ iz CO tAND S S ,,:: - i " �_, 1! - � A ! "':!� .1 - ir7 J-78.0 Ll ;E:7 C"r,rj Z 45' =L OF IV, r.rl CO <_0K CQ iz CO tAND S S ,,:: - i " �_, 1! - � A ! "':!� .1 - ir7 J-78.0 Ll APPEALS BOARD MEMBERS, Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI December 10, 1987 S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination.bf Non -Significance APPEAL NO.: 3695 PROJECT NAME: HENRY J. SMITH & SON 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: [ :] Type II KX] Unlisted [ J _DESCRIPTION OF ACTION: Special' Exception to construct truck - storage building in this "C -Light Industrial" Zone LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 2740 PecoiAc Lane,. Peconic, NY 1000-74-2-19.1 REASONS) 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 is an application concerning use of premises and is not directly related to new construction. FOR FURTHER INFORMATION, 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. me FE Southold, N.Y. 11971 (516) 765-1938 M E M 0 R A N: D'.:U M TO: Gerard Goehringer, Chairman, Board of',.Appeals FROM: Valerie Scopaz, Town Planner DATE: December 2,1987 RE: Appeals No. 3695 Henry J. Smith and Son, Inc. Special Exception Your office requested a clarification of item #4 in the Planning Board's letter of October 9, 1987. In that ...letter,- the Board asked the applicant to submit a revised map that incorporated four separate items or changes. Item 4 pertained to the relocation of the parking area from the slope in the front yard to the northerly side .yard abutting the proposed building. The enclosed copy of the site plan shows where the parking should,be relocated to (orange). If the Board is concerned about screening in the rear yard, I would suggest placing an alternating, staggered row of evergreens 10' on center in such as fashion that the trees will provide a visual buffer from several angles. m LnA L b .�1. •�� �N A - , - Y r .I 1 roli+ 0 Y r Ih 1 � _ '1•. • _ r �� gym - " , i •I � • r :Y _ I•' - f F. � G y •, 3 l m - t { II - - J,a y - a r t _ - - rf, r _ �' _:;` "rte ".: '_'- - -' •t , l•,5 a a - " w •l3. $_• V !!• I E S _ y #vim E LE - K I � �► E G4 �' N - - -P 0 - i r I - N I .. .. ...id T E 5 XI I _ - �G . - r TN { ti , 15TCIN j� - •H � - U S 67� v o - f - 4 N n .> I C .nv a _"Aso" , : _ • { z' �C ;d. E Ig ,., vE t X T UN P - _. _. G j NO A �N , - P, fJ F . _ U 'G K N 5' E - �r , '3 G 7- U A I - f P CA L T 9' Y 1. o` NG O o _ 15 G =; X OF E T {'� i ' '-i'; ^' 1m • - �. .- _ - � _ i � mss,. • - . f OVEPLHA EDGE Or NEV�..PAvIN� :.. A n-a"� •rs. r i r.s _ OVE G _ 7 W D; G R� , F N Ui dl 1� '� ra^4 \tea , e .a M. "5 EMR' .I ti "i . � t.. s..',�,£.,3r" v�3;'�•�:. " �` r: �„ ' k�.' **;:.<e:ec.C3;;;.:- itt`• �� . • • - �\ YTec.. �`�'�:.�•�^,nfn's9:. �,-�'y���'K�' ��ks3 4 . • .:\oi . .vi.',-p,�� !: .y rT k. :', ry.�mq c% ';ss0p ::n�ui:' - I119 F ISl>,•� <:.�: 3 '�;: °� �;. �, .ter - . • ,N. .'i' ... I F,ACI I.1 T. IES • - e�. a «.k sem,': ..;1^a.�s. .. _ al O\Y,ZLL-P'T. �Y p•, ,ea 82.17 S 56-® I21 50, \V - - 15-7i,26o Southold,-N.Y. 11971 (516) 765-1938 October 9, 1987 Mr. Henry P. Smith, Jr. Henry J. Smith, Inc. Hobart Road Southold, NY 11971 Re: Amendment to existing site S/W/C LIRR Right-of-way and Peconic Lane, Peconic SCTM # 1000-74-3-19.1 Dear Henry: Upon review of the above - referenced plan, the Planning Board finds that more information is needed. Please submit six copies of a revised plan that includes the following changes: 1. Existing and proposed grades. 2. Proposed drainage structures and calculations for retaining water on-site. 3. Street trees as per -Highway Specifications along Peconc Lane. 4. Relocation of the parking area to the flatter rear portlon:o.f the site. See enclosed map for suggested_:, location. According -to Section 100-80B-(7) of the Zoning Code, a Special Exception must be obtained from the Zoning Board of Appeals before the Planning..Board can take action on this - site plan. When the revised plans are submitted, application should also be made to the Baord of Appeals. If there are any questions, do not hesitate to contact this office,., Very truly yours, ENNETT ORLOWSKI,JR., `CHAIRMAN SOUTHOLD TOWN 'PLANNING BOARD /Cc.Board of Appeals. al Notices NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the follow- ing hearings -will be held by the SOUTHOLD TOWN BOARD f OF APPEALS, at a Regular i Meeting at the Southold Town Hall, Main Road, Southold, New York, on THURSDAY, DE- CEMBER 10, 1987 at the fol- lowing times: 7:30 p.m. Appl. No. 3566 - THEODOSE TRATAROS and ERAKLIS APODIACOS. Variance to the Zoning Ordi- nance, Article III, Section 100- 31, Bulk Schedule, for approval of insufficient lot area of prop- osed Parcel #1 in this pending set-off division of land located along the south side of the Main Road, and extending along the east side of Wiggins Lane, Greenport, NY; County Tax Map District 1000, Section 35, Block 5,. Lot 3, containing a total area of 3.262 acres. . 7:35 P.M. Appl. No. 3694 - THERESA CZECH. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of the construction of open deck with an insufficient rearyard setback from the east property line at premises known as 150 Goldin Lane, Southold, NY; County, Tax Map District 1000, Section 135, Block 2, Lot 19. 7:40 P.M. Appl. No. 3695 - HENRY J. SMITH & SON. Special Exception to .the Zoning Ordinance, Article VIII, Section 100-80(B) for permission to con- struct truck -storage building in this "C -Light Industrial" Zoning District at premises known as 2470 Peconic Lane, Peconic, NY; County Tax Map District 1000, Section 74, Block 2, Lot 19.1. 7:45 P.M. Appl. No., 368 ETER AND DIANE LUHRS. pecial Exception to the Zoning rdinance, Article VII, Section 00-70(B) for permission to con- truct addition for a repair sta- 'on in conjunction with Special xception Permit #3161 re- dered October 11, 1983, at remises known as 45845 North oad, Southold, NY; County Tax lap District 1000, Section 55, Block 02, Lot 17. Zone District: "B-1.11 _ 7:50 pa opl. -No. 3691 - ■ HOSNY SELIM. Variance to the Zoning Ordinance, Article III, Section 100-32 and Article XI, Section 100-119.2 for permis- sion to locate inground swim- mingpool with decks and fence enclosure landward of existing dwelling in the front yard and within 100 feet of the Long Is- land Sound, at premises known as 855 Soundview Avenue, Mat- tituck, NY;. County Tax Map District 1000, Section 94, Block, 01, Lot 07. 8:05 p.m. Appl. No. 3696 - RICHARD NASS. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permis- sion to locate open wooden deck with a setback of less than 75 feet from existing bulkhead along canal, at premises known as 50 Willow PointRoad, South- old, NY; County Tax Map Dis- trict 1000, Section 56, Block 5, Lot 25. 8:10 p.m. Appl. No. 3676 =' ANTHONY ROBUSTELLI. Variances to the Zoning or- diarnnce, Articles: (a) III, Section 100-31 as to insufficient rear yard and side yard, and (b). XI; Section 100419.2 as to insuffi- cient setback from bulkhead and ordinary highwater mark,. and (c) III, Section 100-31 as to ex- cessive lot coverage, for the proposed construction of a deck addition, at premises known as 5 Haywaters Road; Cutchogue, NY; Lot 23 and part of 22, Peconic Bay Properties; County Tax Map District 1000, Section 111, Block 1, Lots 19 and 18. 8:15 P.M. Appl. No. 3671 - ANDRE AND THOMAS CYBULSKI. Variance to the Zoning Ordinance, Article III, Section 100-30A for permission to utilize premises for book -pub- lishing operations, wholesale book storage, and updated 280-A approval over the existing pri- vate right-of-way for such use. Zone District: "A" Residential and Agricultural. Location of Property: West Side Depot Lane, Cutchogue, NY; District 1000, _ Section 96, Block 5, Lot 1.2 and part of 1.1. 8:25 P.M. Appl. No. 3,543 - PETER ' ' AND BARBARA HERZ. Variances to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to lo- cate new single-family dwelling with insufficient setback in existing bulkhead and m highwater areas along h ty Inlet and Hog Neck Bay, prem- ises known as 70 Cedar Point Drive, Southold, NY; Ceuar Beach Park Map, Part of Lots 152 and 110, County Tax Map Parcel No. 1000-90-02-13.1. 8:40 p.m. Appl. No. 3561 - DOROTHY L. ROBERTSON. Variances to the Zoning Ordi- nance, Article III, Section 100- 31, Bulk Schedule, for approval of the insufficient lot area of two Proposed parcels in this pending set-off division of land with fron- tage along the south side of North View Drive, the east side of Private Road and the north side of South View Drive, Orient, NY; County Tax Map District 1000, Section 13, Block 1, Lot 10. 8:55 P.M. Appl. No. 3686 - FREDERICK AND DIANE RAYMES. Variances to the Zoning Ordinance, Articles: (a) XI, Section 100-119.2 for permis- Sion to locate dwelling with a setback of less than 75 feet from existing bulkhead along Gull Pond Inlet, (b) III, Section 100- 31, for permission to locate dwelling with an insufficient frontyard setback, at premises known as - 704 Wiggins Lane, Greenport, NY; County Tax Map District 1000, Section 35, Block 4, Lot 19. The Board of Appeals will hear at said time and place all persons or representatives desir- ing to be heard 'in each of the above matters. Each hearing will not start before the time al- lotted. Written comments may be submitted prior to the conclu- sion of the subject hearing. For more information, please call 765-1809. Dated: November 18,1987, BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P: GOEHRINGER, CHAIRMAN Linda Kowalski, 5789-1TD3 Board Secretary i RK ) �. 1 SS: LK )� :Contento of Greenport, in �duly sworn, says that he/she is HE SUFFOLK TIMES, a Weekly ;hod at Greenport, in the Town ty of Suffolk and State of New i Notice of which the annexed is ;as been regularly published in once each week for 1 ly, commencing on the 3 fiber 1987_ Principal Clerk this 3 -- 1 W `MARY K. DEGNAN NOTARY PUBLIC, State of New York Suffolk County No. 48x9860 `t �f Term Expires Februar�kp,5�1 NOTICE" OF HEARINGS 'NOTICE• IS HEREBY GIV -EN; ;pursuant to Section 267,of the Town:'Law and the Code of the Town of -Southold, the following hearings will be held by the • SOUT14OLD TOWN BOARD OF APPEALS at a Regu ar Meeting at the Southold Town Hall, Main Road, Southold, NY ori THURSDAY, DECEMBER 10, 1987 at. the following times: 7:30 p.m. Appl. No. 3566- THEEODOSE- TRATAROS AND ERAKLIS APODIACOS. Variance -to :the._ Zoning Or- dinance, .Article III, Section 100.31, Bulk Schedule, for .ap- pioval of insufficient lot• area of proposed Parcel' No. 1 in this pending set-off division of land located along the south side of the Main Road, :and extending along the east side of Wiggins 'Lane, Greenport, .NY; County -Tax Map Disfrict.1000;Section .35, Block -5; Lot:3, containing•a total area 'of.,3:262 acres. 7:35 p.m_Appl. No. 3694- THERESA 694•THERESA CZECH. Variance i7the Zoning Ordinance, Arti- cle 111, Section 100-31, Bulk Schedule. for ;approval of -the construction�6f -open ;deck -with .an insufficienttearyard setback from the .east_property line at premises>known -is 15.0 Goldin Lane;' Southold, NY; County •n_:a - -r:-:-7v M O ian. riiw�l L1J�1 LVt.. l,_IIVJ,JG��.trGit 735;Biock-2,.Lot 19r -- :.7:40 -p.m. Appl. No: 3699^ Special Exception to the Zoning 'Ordinance,Article VIII,. Section 100 -80(B) -for permission to con- struct aruck=storage building in this"C=Light Industrial" Zon- ing District at premises -known as 2740 _Peconic Lane, Pecoriic, NY, County Tax Map District 1000, Section 74, Block 2, Lot .,7:45 p:m.. Appl.� No. " 3689 - PETER AND.DIANE.LUHRS. Special Exception: to the Zoning Ordinance, -Article VII, Section 100-70(11)`for permission to con- struct additionfor a repair sta- tion in conjunction with Special Exception- Permit No.- 3161 rendered 'October 11, 1983, at premises known as 45845 North Road, Southold, NY; County Tax Map District 1000;.Section 55, Block 02, Lot 17. Zone District: "134." 7:50 p.m. Appl No. 3691- HOSNY SELIM. Variance to t q...:Zoning�.Ordinance, Article •III, Section 100-32 and Article XI, Section 100-119.2 for per- -:mission.' to locate inground swirtit[ring ptitSl .iYth QCrks and fen< 1;losure landward of ex- -istii; __ �elling in the front yard and:within 100 feet of the Long Island Sound, at premises known as 855 Soundview Avenue, Mattituck, NY; Coun- ty -Tax Map District 1000,'Sec- tion'94, Block 01, Lot 07. 8:05 .p.m. Appl. No. 3696- RICHARD NASS. Variance to the oning r tnance, Article XI, Section 100-119.2 for per- mission to locate open wooden deck with a setback of less than 75 feet. from existing bulkhead along canal, at premises known as -50 Willow -Point =Road, Southold, NY .County,Tax Map District• 1000, Section 56,.Block 5, Lot 25. _ 8a0 p:m. Appl. No. 3676- AN- THONY ROBUSTELLI. -Variances to the Zoning Or- dinance, Articles: -(a) 111, Section 100-31 as •to insufficient rear yard and side yard, and (b) XI, Section 1007119.2 as to insuffi- cient setback from bulkhead and -ordinary highwater mark, and (c) III, 'Section •100-31 as to excessive lot coverage, for the proposed construction of.a deck addition, at premises known as 5 Haywaters Road, Cutchogue, NY; Lot 23 and -part -of 22, °Peconic Bay Properties; Coun- ty Tax Map' District 1000, Sec- tion 111, Block 1, Lots 19 and 18. • 8:15 p.m. Appl. No. 3671 - ANDRE AND THOMAS CYBULSKI.,-­.Variance .to the -Zoning Ordinance; Article -111, Section 100A0A for,perinission to utilize premises for' book - publishing operations, wholesale book storage,' and."updated 280-A approval over the existing private right=of:way for such. use. Zone District: "A" Residen- tial and Agricultural. Location of Property: West Side Depot Lane, Cutchogue, NY; District 1000, Section 96, Block 5., Lot' 1.2 and part of 1.1. 8:25 -.p.m. Appl.. No. 3543 - PETER AND BARBARA HERZ. Variances to the Zoning Ordinance, Article -XI;; Section 100-119.2 for, permission to locate new single=fmily dwell- ing' -with insufficient setbacks from existing bulkhead and from highwater -areas along Midway Inlet and Hog Neck Bay, premises known as 70 Cedar• Point Drive; -.Southold, NY; Cedar Beach Park Map, Part of Lots 152 and 110; Coun- ty Tax Map Parcel No. :1000-9Q-02-13.1.._ 8:40 p.m.- Appl. No. 3561 - DOROTHY L. ROBERTSON. Variances to the Zoning Or dinance, Article -11I, Stetion tiI �� k- Y00-31, Bulk S ` ule, for ap- _. `pi*val of the in, , 'sent lot area of two proposed•.parcels in this pending set-off division of land with .frontage along the'souiti. sidq of .North View Drive, 'tlie east side of PrivateRoad and the north side of South View Drive, Orient, NY; County Tax Map, District 1000, Section 13, Block :,fi Lpt 10. 8:55 -p.m. Appl.No. 3686 - FREDERICK AND DIANE ES. Variances to the Zon- ing 0 dinance; Articles: (a)"XI, Section.100-119.2 for permission to 16cate dwelling with a setback 'of less than 75 feet from existing bulkhead along Gull Pond ' -Inlet, (b) III, Section 100-31, for per- mission to locate dwelling with an insufficient frontyard set- back, at premises known as 704 Wiggins Lane, Greenport; NY; County Tax Map District 1000, .Section 35, Block 4, .Lot 19. The 'Board of Appeals; will tear.at said time and,place'all persons or representatives desir- ing to be heard in each of the above matters. Each hearing will not start .before the time. allot- ted. Written comments may be . submitted -prior to the conclu- sion of the subject hearing. For more information,- please call 765-1809:: Dated: November. 18, 1987 BY ORDER OF THE S..OUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary 1712/3/87(15) COUNTY OF SUFFOLK STATE OF NEW YORK ss: 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 -Watchman once each week for .......................... weeks successively, commencing on the .......... ...... day of .. .. �........., 19 .�.. 0 Sworn to before me this ...........7 ........ day of ..... ......... ,19..... ..................:�J.cei�........... Notary Public BARBARA FORBES Notary Public, State of New York No. 4806846 Qualified in Suffolk County Commission ExpireseZ&-73/ 19P -F APPEALS BOARD MEMBERS } Board $. 4 Appeals MAIN ROAD -STATE ROAD 25 SOUTHOLD, ERARD P. GOEHRINGER, CHAIRMAN liARLES GRIGONIS, JR. ERGE DOYEN, JR. 'OBERT J. DOUGLASS OSEPH H. SAWICKI TO WHOM IT MAY CONCERN: TELEPHONE (516) 765-1809 Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler - Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience. Please be assured that your public.hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel free to call. our office, 765-1809. Yours very;,tr 1 JY� G R A R D P. GOEHRiNGER CHAIRMAN Linda Kowalski Secretary and Board Clerk Enclosure APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Rudolph H. Bruer, Esq. P.O. Box 1466 Main Road Southold, NY 11971 BOARD OF APPEALS TOWN OF SOUTHOLD October 29, 1997 Re: Abandonment of Special Exception H. Smith Property: 1000-74-3-19.1 (Peconic) Dear Mr. Bruer: This will confirm, that by Resolution unanimously adopted by the Board of Appeals at our October 23, 1997 Regular Meeting, the Special. Exception issued in 1988 under Appl. No. 3695 for the above property has been confirmed to be "abandoned" (as requested) . Very truly yours, GERARD P. GOEHRINGER CHAIRMAN cc: Town Clerk's Office (Re: Appl. ZBA #3695) Southold Town Hall �o�OS1SFF0(,{�COG yam► 53095 Main Road P.O. Box 1179 ti Southold, New York 11971 �y Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD October 29, 1997 Re: Abandonment of Special Exception H. Smith Property: 1000-74-3-19.1 (Peconic) Dear Mr. Bruer: This will confirm, that by Resolution unanimously adopted by the Board of Appeals at our October 23, 1997 Regular Meeting, the Special. Exception issued in 1988 under Appl. No. 3695 for the above property has been confirmed to be "abandoned" (as requested) . Very truly yours, GERARD P. GOEHRINGER CHAIRMAN cc: Town Clerk's Office (Re: Appl. ZBA #3695) a._ - Building Department Planning Board ¢ry5 1111 y V 1 . . . . r "h� r ., _ .. _ � .. .�. _, � ^...!". '�°` . -H��j,y. r• vst, _... s-. .� � rT �i may' .,. v. _ i : . . . .'I�^'''%t. ,'� . .i � { ✓_ 3� � APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Rudolph H. Bruer, Esq. P.O. Box 1466 Main Road Southold, NY 11971 o��gUFFO(�eo y� O =� h � BOARD OF APPEALS TOWN OF SOUTHOLD October 29, 1997 Re: Abandonment of Special Exception H. Smith Property: 1000-74- g-19.1 (Peconic) Dear Mr. Bruer: Southold Town Hall 53095 Main Road P.O.. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 This will confirm .that by Resolution unanimously adopted by the Board of Appeals at our October 23, 1997 Regular Meeting, the Special Exception issued in 1988 under Appl. No. 3695 for the above property has been confirmed to be "abandoned" (as requested) . Veryfours,. f ' GERARD P. GOE ING CHAIRMAN cc: Town Clerk's Og ce (Re: Appl. ZBA #3695) w. Building Department Planning Board APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Judith T. Terry Southold Town Clerk Main Road Southold, NY 11971 %gFol,y Oti O � stip •�� 'r ,-Pill BOARD OF APPEALS TOWN OF SOUTHOLD October 29, 1997 Re: ZBA Appl. #3695 - H. Smith Special Exception Dear Judy: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Please file this letter for your permanent records to show that the above project has been deemed abandoned and the ZBA Action rendered in 1988 has been deemed without effect or validity whatsoever. Attached is a copy of a letter confirming the same from Rudolph H. Bruer, Esq. for the property owner, Henry Smith. Thank you. GG : lk Enclosure cc: Rudolph H. Bruer, Esq. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN �j 2 K� c Q Ab Edson and Bruer '\ ATTORNEYS AT LAW � MAIN ROAD-P.O. BOX 1466 v SOUTHOLD, NEW YORK 11971 LEFFERTS P. EDSON (1912-1989) RUDOLPH H. BRUER October 14, 1997 Southold Town Board of Appeals Main Road, Route 25 Southold, New York 11971 RE: App. No. 3695 - Special Exception Dear Sir/Madam: (516)765-1222 FAX: (516)765-2752 I represent Henry Smith who is the owner of the above reference property. In November 1987 an application for a special exception was made and granted for the purposes of constructing a truck -storage building. At the time of the application the zoning of this property was C light industrial. It is still zoned light industrial. The conditions of the special exception were primarily as follows: 1. Subdivision of lots 1 and 2 become null and void once a building permit is issued. 2. A covenant be filed with the planning board certifying the waiver of nullification of the 1985 Subdivision and reemerging of the lots. 3. If 1 and 2 were not completed with no building permit should issue without an amended special exception application being made. For the record I believe 1. No building permit was ever fil ed for after the November 1987 date. 2. Items 1, 2 & 3 were never completed Based on the above and on behalf of my client I request that the special exception #3695 dated November 9, 1987, decision rendered January 11, 1988 and signed by the chairman on January 13, 1988 be deemed abandoned and the property put in the same position as existed prior to this special exception application. i Sincrely, L Rudolph H. Bruer RHB/mmm �C[,t.t.tTx�7; •;. Southold Town .hoard of Appeals ��'�0 • ,�cj��. MAIN ROAD - STATE ROAD 25 SOUTHOLD. L.L. N.Y. 11971 TELEPHONE 1516) 765.1809 ACTION OF THE ZONING BOARD OF APPEALS App No: 3695 -SE Application -Dated November 9, 1987 TO: Mr. Henry J. Snti t [Appellant (s) ) Henry J. Smith & Son, Inc. Main Road Southold, NY 11971. At a Meeting of the Zoning Board of Appeals held on January 11_, 1988, the above appeal was considered, and the action indicated below was taken on your . [ l Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [X] Request for Special Exception under the Zoning Ordinance Article VIII, Section 100-80(B) [ ] Request for Variance to the Zoning Ordinance Article , Section [. .]. Request for Application of HENRY J. SMITH & SON INC. for a Special Exception to the Zoning Ord inanc•e`,---'Ar£i"c'le~••V"I•I*I,—S"eci=i'on. 100-80(B) for per►nission to construct truck -storage building in this "C -Light Industrial" Zoning District at premises known as 2740 Peconic Lane, Peconic, NY; County Tax Map District 1000, Section 74, Block _q, Lot 19.1. WHEREAS, a public hearing was held and concluded on December 10, 1987 in the Matter of the Application of HENRY J. SMITH & SON under Application No. 3695; 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: I. The premises in question i•s located along the east side of Peconic Lane (extending to the west side of Carroll Avenue), Peconic; is located in the "C -Light Industrial" Zoning District; and is identified on the Suffolk County Tax Maps as District 1000, Section 74, Block Lot 19.1 (prev. 19 and 12). 2. The subject prernises is unproved with the following structures: (a) wood -frame 25' by 25' one -car garage and - carport building, (b) above, -ground elevated storage tank, (c) 20' by 24' wooden -frame [storage] building, all as shown on the August 24, 1987 Site Plan prepared by Samuels -Steelman, Architects. 3. By this application, applicant requests a Special Exception concerning the use of a proposed one-story garage building for storage of fuel -oil trucks associated with Henry J. Smith & Son (the current occupant of the premises). The building proposed -is of a, size 36 ft. by 75 ft. with a rnininium setback of 30 feet from the nearest southerly (CON INUED ON PAGE TWO) DATED:. January 11 , 1988. CIIATRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81). t Page - Appl. N'o. 3695 Matter of HENRY J. SMITH & SON_ Decision Rendered January 11, 1988 property line and at 190 feet from the westerly front property line. The subject building is proposed to be located directly over the division line between Lots 1 and 2 (see endorsed subdivision map of the Planning Board of March 19135). 4. For the record it is also noted that: (a) the width of the subject premises as exists was sanctioned under Appl. No. 3309 on January 24, 19135 for the division approved by the Planning Board in March 19135,' (b) the premises was the subject of prior Appl. No. 676 of June 25, 1964 for a division of lanes concerning premises identified as Lots 22 and 23 on the Suffolk County Tax Map, District 1000, Section 74, Block 3. 5. It shall be understood based upon the submissions under this application that: (a) the subdivision of Lots 1 and 2 shall become null and void in its entirety once a building permit has been issued and construction commenced; ( b ) a Covenant in legal form shall be furnished to the Planning Board from the property owner, with copies to the Building Department and Board of Appeals, certifying the waiver and nullification of the 19135 Subdivision, and re -merging the premises into one lot as shown on the Site Plan Map prepared August 24, 19137 by Samuels -Steelman Architects under consideration, (c) in the event Items (a) and (b), supra, are not complied with, no building permit[s] shall be issued unless application is filed and considered by this Board for an Amended Special Exception (or other action as may be deemed necessary accordingly). 6. It shall also be understood that this project: (a) shall not violate any building or zoning code regulations; (b) appropriate screening and lighting which will not be adverse to neighboring residential properties will be provided and additionally considered by the Planning Board under the requirements of Article VIII, Section 100-130. 7. In considering this application, the Board also finds and determines: (a) that the use requested is consis- tent and coincidental to the established fuel -storage use of of the premises; (b) that: the use requested will not prevent the orderly and reasonable use of adjicent properties or of properties in adjacent -use districts; (c) the use will not adversely affect the safety, welfare, comfort, convenience, or order of the town; (d) the use is in harmony with and promotes the general purposes and intent: of this C -Light industrial Zoning District. The i3oard has also considered subsections [a] through [1] of Article XII, Section 100•-121- (C)[2] of the Zoning Code in making this determination. Accordingly, on motion by Mr. Sawicki, seconded by Mr.. Douglass, it was RESOLVED, to GRANT a Special Exception for permission to use proposed storage building for the storage of trucks Page 3 - Appl. 'No. 3695 Matter of HENRY J. SMITH _& SON Decision Rendered Jan*uery '1*j , 19£3£3 d . Incidental and consistent: with th existing use (for fuel oft storage) of HENRY J. SMITH & ON, SUBJECT TO THE 1= 0 L L 0 W I N G C O N D I TiO N S: -- — _._.._._._......... __._.._...__.__._ 1. Compliance with paragr phs 5 and 6., supra; 2. Plain egress/ingress .)all be off the east side of Peconic Lane (rather than Car olI Avenue); 3. Action of the Sout: uld Town Planning Board concerning Site -Plan approval, etc. Vote of the Board: /yes: Messrs. Goohriniter, Grigonis, Douglass and Sawicki. (M tuber Doyen of Fishers Island was absent.) This resolutio was duly adopted. I 7 -GO 0 C (iRM4GSR ; C IT1�[ I� MAN January 13, 19£3£3 At o PFf ej a t Ly S y N04%taar� aHe INVR�i'D*T EJW w�u�97 Br zotA. �\ 4 LEFFERTS P. EDSON (1912-1989) RUDOLPH H. BRUER October 14, 1997 Southold Town Board of Appeals Main Road, Route 25 Southold, New York 11971 Edson and Bruer ATTORNEYS AT LAW MAIN ROAD-P.O. BOX 1466 SOUTHOLD, NEW YORK 11971 RE: App. No. 3695 - Special Exception Dear Sir/Madam: (516)765-1222 FAX: (516)765-2752 1.51997 I represent Henry Smith who is the owner of the above reference property. In November 1987 an application for a special exception was made and granted for the purposes of constructing a truck -storage building. At the time of the application the zoning of this property was C light industrial. It is still zoned light industrial. The conditions of the special exception were primarily as follows: 1. Subdivision of lots 1 and 2 become null and void once a building permit is issued. 2. A covenant be filed with the planning board certifying the waiver of nullification of the 1985 Subdivision and reemerging of the lots. 3. If 1 and 2 were not completed with no building permit should issue without an amended special exception application being made. For the record I believe 1. No building permit was ever fit ed for after the November 1987 date. 2. Items 1, 2 & 3 were never completed Based on the above and on behalf of my client I request that the special exception #3695 dated November 9, 1987, decision rendered January 11, 1988 and signed by the chairman on January 13, 1988 be deemed abandoned and the property put in the same position as existed prior to this special exception application. Sincerely, L Rudolph H. Bruer RHB/mmm �sfw Southold Town ®ard ®f Appeals ► °�,' MAIN ROAD - STATE 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. SAWICKI Mr. Henry J. Smith Henry J. Smith & Son, Inc. Main Road Southold, NY 11971 January 13, 1988 Re: Appl. No. 3695 - Special Exception Dear Mr. Smith: Transmitted herewith for your record is a copy of the recent findings and determination rendered in the above matter. As you know, during March 1985, the Town Planning Board endorsed your Subdivision Map for Lots 1 and 2, and although the maps submitted under this Special Exception application did not delineate the division line, limitations have been placed under paragraph.5 of this Board's decision. Please advise us of your intentions concerning the subdivision and the subject storage building. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN I Enclosure Copy of Decision to: Planning Board Building Department TRANSCRIPT OF'HEARING 'SOUTHOLD TOWN BOARD': OF APPEALS REGULAR MEETING OF THURSDAY, DECEMBER '10, 1987 Appl. No. 3695 Applicant(s) HENRY.J. SMITH & SON Location of Property:- 2740 Peconic Lane, Peconic County Tax Map ID - No-. 10007 747 2 " - 19.1 Board Members present were: .Chairman Goehringer P. Goehringer, Members: Grigonis, Douglass, Doyen and Sawicki. Absent was: (None) Also present were: Victor Lessard (Building.Dept.) Linda Kowalski, Z.B.A.-Secretary and approximately " persons -in the - audience. The -Chairman opened the hearing at.7:48 o'clock p.m. and read the notice of hearing and application for the.record. CHAIRMAN GOEHRINGER: The next appeal is on behalf of Henry J. Smith and Son. I have a -copy -of a survey done by Samuels & Steelman dated 8/24/87 indicating a proposed one-story garage of 27,000 square feet,.. approximately 36 by 75 feet variable, placed approximately 190 feet from Peconic Lane: And 1 -have a.copy-of the Suffolk County,Tax Map . indicating this and surrounding properties in the area. Would you like to be heard Mr.Smith? MR. SMITH:` I'm just present if the Board has any questions that I will be able to answer. CHAIRMAN.GOEHRINGER: I understand the parking area was changed a little on this. MR. SMITH: Yes. J CHAIRMAN GOEHRINGER:. I's there.going to be any ingress;:and egres:scout to' 'Carol Avenue at all? MR: SMITH: Not at the present time I don't have any plans on that". That egress to Carol Avenue is mainly.for that lot of Hubbard's so he had a right-of-way other than going through the fuel depot,to get" access to -the property. CHAIRMAN GOEHRINGER: The.only other question that I have is that this is basically a one-story building? MR. SMITH: Yes. It's a morton building. CHAIRMAN GOEHRINGER: No specific storage over the trucks. itself? MR: SMITH: Possibly warehouse storage, plumbing supplies and things of .that nature. Page 2 - December 10 987 PUBLIC HEARING - HEN_, J. SMITH &_SON Southold Town Board of Appeals CHAIRMAN GOEHRINGER: No office; space or anything? MR. SMITH: No. CHAIRMAN GOEHRINGER: Alright, II thank you very much. Is there any- body else who would like to.speak in favor of this application? Any- body like to speak against theiapplication? Questions from Board members? Hearing no further questions, I'll make a motion closing the hearing reserving decisionluntil later. All in favor - AYE. BY,,-nakC c,(--) L my 0 91987 a;a5 P/n Town Clerk Southold TOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION Application No. Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: I - (We) , Henry P Smith of Henri T T"� +.h & Son Resi ence, ouse No. and Street Southold New York 11 1 16- 6 - am et, tate, -Ip o e, a ep one um er hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE VIII SECTION 100 - 80B ._,.SUBSECTION for the below -described property for the following uses and purposes (and as shown on the attached plan drawn to scale): County Tax Map 1000, Section 3, Block 199 Lot 1, Carroll Ave, Peconic, NY 11958 for truck storage, incidental to the present use of the property s`h`ipahC Interest- is(are) the owner(s) of property known and reterrea do as Garro (House No., Street, Hamlet identified on theiSuffolk County Tax Maps as District 1000, Section*_, Block Lot(s)' 1 which is not on.a subdivision Map (Filed "Map of Filed Map No. and has been approved by the Southold Town Planning Board _on as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on .7 B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: Property is being used for the purpose of fuel oil and truck storage since 1947. Tanks used for storage are tested regularly. C. The property which is the subject of this application is zoned light industrial and e 1L I S`K)n1j a 46 -A - +H !` 4. "i 1 r1Ea�@ of (lrrin�nr�ai�� [xx] is. consistent with the nN, use(s)"� [ ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): [ ] is vacant' 1 and. COUNTY OF SUFFOLK) STATE OF NEW YORK) ss. - Sworn.- Sworn to before me this 9thday of November , IW 87 ('Notary-Public)Berhadette L. Taplin No. 4844893 B€R iANITEE L. TAKIN ZB2 (rev. 2/6/86 ) NOTARY PUBUC. Stole of New York u' , ouviy C�}47fliili$.`ryV� �a. •3B Al ril11� I / .°r6� 140V 0 9 N7 TOWN OF SOUTHOLD, NEW YORK 3•'� Pm APPLICATION FOR SPECIAL EXCEPTION Town CtKk dd Application No. -769-5' Date Filed: 11--9-?-7 TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: I (We), Henry P. Smith of HenryJ. Smith & Son,o Resi ence, House No. and Street Southold New York 11 71 516-76 -3698 am et, State, Zip Code, Telephone Number) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE VIII SECTION 100 - 80B ..,.SUBSECTION for the below -described property for the following uses and purposes (and as shown on the attached plan drawn to scale): County Tax Map 1000, Section 3, Block 19, Lot 1, Carroll Ave, Peconic, NY 11958 for truck storage, incidental to the present use of the property A. Statement of Ownership and Interest. Stella Smith—is(are) the owner(s) of property known and referred to as Carroll A House No., Street, Hamlet identified on the Suffolk County Tax Maps as District 1000, Section 3 Block 19 , Lot(s) 1 , which is not M on a subdivision Map (Filed. "Map of " Filed Map No. , and has been approved by the Southold Town Planning Board_on' as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on ®..x1947 B. The applicant alleges that the appro_val,'of-this e 6eption would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: Property is being used for the purpose of fuel oil and truck storage since 1947. Tanks used for storage are tested regularly. C. The property which is the subject of this application is zoned light industrial and ev i sT.a G. [xx] i.s ,consi stent with ti�eAuse (s )� i ng rU� L ] -is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): [ ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORK) ss.: Sworn to before me this 9thday of Novembe 9: 4E of ry Public) ternadett L. Taplin No. 4844893 BERNADETTE L. TAPLYN ZB2 (rev. 2/6/86) NOTARY PUBLIC, state of New YorU Q;id;pg in Suffolk Countp�q�� ftjmji"ian �ttp6r�s , 1S L BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Henry J. Smith & Son, Inc. to the Board of Appeals of the Town of Southold TO YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance)�pecial Exception (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: East side Peconic Lane, West side Carroll Ave 3. That the property which is the subject of such Petition is located in the following zoning district: (c) light industrial zone 4. That by such Petition, the undersigned will request the following relief: Construnt; on of Morton RUJ I ding, 361 wide, 121 high, 75'leng to be used for truck storage 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article VITT Section 100 — snR [ ] 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 may then and there examine the same during regular office hours. (516) 7E;5-1809. 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 Travel er-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: November 9, 1987 Petitioner Owners ' Names: Henry J. Smith & Son, Inc. Post Office Address PO Box 487 Southold, NY 11971 •.:� : _. !rt PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Donald & Joann Ritter 2585 Peconic Lane, Peconic, NY 11958 James & Ruth Hubbard Carroll Ave, Peconic, NY 11958 Levi P. Lindsay & wife c/o Mazie Lindsay, 351 Rock Circle, Abbeville, Alabama 36310 Franklin Overton Rich Cove Road, Stonington, CT 06378 Director, Government Affairs Director, Public Affairs Long Island Railroad Jamaica, NY 11435 STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) Henry P. Smith , residing at Hobart Road _ Southold, New York, 11971 , being duly sworn, deposes and says that on the 9t'h day of November , 19 87 , 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 Peconic Lane, Peconic, NY 119.58 ; that said Notices were m iled to each of said persons by (certified) (registered) mail. Z Sworn to before me thish day of November 019 87 a� Q� Notary Public Bernadette L. Taplin No. 4844893 aEir�anLITE. L. WWI I 'iJO ARt PUBLIC, State of Herr Yora ("t iG;r�S sn Suffolk Cbnty on mnisston E991,187, t (This side does not have to be completed on form transmitted to adjoining property owners) 0 y, �j�{��F®lr tIa � . WA. Southold Town' Board ®fAppeals 44 1 MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS, December 10, 1987 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S . E . Q . R . A . SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non -Significance APPEAL NO.: 3695 PROJECT NAME: HENRY J. SMITH & SON — 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 1#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: [• :] Type II 9X1 Unlisted [ ] DESCRIPTION OF ACTION: Special"Exception to construct truck - storage building in this "C -Light Industrial" Zone LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 2740 Pecon'ic Lane,. Peconic, NY 1000-74-2-19.1 REASONS) 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 is an application concerning use of premises and is not directly related to new construction. FOR FURTIiER INFORMATION, PLEASE CONTACT: Linda Mwalski, 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. me JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 9, 1987 TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 Transmitted herewith is Zoning Appeal No.3695 , application of Henry J. Smith 8 Son Incfor a Special Exception. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Certificate of Occupancy for Non -conforming Premises; and survey of property. Judith T. Terry Southold Town Clerk V) I LJ )` N 91 r=�9 rC O t— V) J J SNORT ENVIRONMENTAI. ASSESS? � ' F01114 INSTRUCTION -St (a) In order to answer the quostions in this nhort EAI' in is assurrod that the ppreparer will use currently available information concerning the project and the MImpacts of�tho action. It is not expected that additional atudioe, racaarch or other investigations will be undertaken. (b) If any question has been answorod Yen the project rrny be nipnificant and a ccrplotad Environmental Assessment Form is necessary. (c) If all questions have been answered Ito it is likoly that thin project in not significant• (d) kivironnentnl Assnnarrent 1. Will project result in a largo }hysical cha ngo to the project site or physically alter more than 10 acres of land?:,* e • . • • . • •. • . • Y(,r; Ito 2. Will there bo a major chnngo to any ,rniquo or unusual land form found.on tho site? . o . . . ,_ Yon ?to 3. Will project alter or have a largo offoct on an existing body of water? ... • .. 'le -1 ?to 4. Will project have a potentially largo impact; on groundwater quality? 0 0. ., • . . Yo:; No $. Will project significantly,offoct drainage flcra on adjacent sites? . . . • • . . . . . . . ir,s 110 6. Will project affect any throatun(311 or endunNerOLI plant or ani -mail species? • • . . • tc, Ito y. Will pro act result in it ira jor advorno offect on air quality? . o • Yc:n No 8o Will project have•a major affect cn vinual char- acter of the community or scenic views or vintae: knoam to bo important to tho co; .•non.ity l .o • Yen _X_ Ito 9• Will project advarsoly impact any sito or ntruct.- uro of historic, pro -historic, or paloontological Importance or any sito:dosignated n:; it critical environmental area by a local agency? . . Yon No loo Will project have a major offoct.on oxinting or future recreational opportunitic)34 . Yon No 11. Will projoct.result•in major traffic problems ar cause a major effect to.axiating transportation systems? . c'S J_ 110 12. Will project regularly cause objectionable odor::, noise, glare, vibration, or electrical dintiarb-. ance as a result of the project':; operation? e ye:; Ito 13• Will project have any impact on public health or safot7? NO 14. Will projact offoct the oxisting c•ommultity by directly causing a growth in permanent pupuln- tion ci' more than 5 porcent over a enc --year period or have a major -negative effect un ro-,c character of the convnunity or nci,;hborhood :' . Ycn No 15. Is there publi �ntrovorny core roan,; the project? Yep _� No PRePAReR,s Szc;I,ITC`REs _ TITLE: �. REpRESZNTINC: DATE:Wma —fYv G . "QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATION FORMS TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes 2.a) Are there any areas which contain wetland grasses? Town Board Yes (Attached is a list of the wetland grasses defined by Yes County Health Department Town Code, Ch. 97 for your reference.) _ Village of Greenport *b)'Are there any areas open to a waterway without bulkhead? Yes 3. Are there existing structures at or below ground level, 10. Is premises pending a sale or conveyance? such as patios, foundations, etc? Yes 4. Are there any existing or proposed fences, concrete 11. Is new construction proposed in the area of_ contours barriers, decks, etc? es 5. If project is proposed for an accessory building or 75 feet of wetland grasses, or land area at a6 eleva- structure, is total height' at more than 18 feet above Yes average ground level? State total: ft. 6. If project is proposed for principal building or Yes the requirements of Ch. 97 of the Town Code? structure, is total height at more than 35 feet above Yes average ground level? State total: ft. 7. Are there other premises under your ownership abutting *Please submit photographs for the record. this parcel? If.yes, please submit copy of deed. Yes 8. Are there any building permits pending on this parcel Signatu e Property Owner Au riz A ent (or abutting land under your ownership, -if any)?es State Permit # and Nature: pp��„�- u����sTneo(- 9. Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, -County, Village, etc.): Planning Board Town Board Yes Tot -in Trustees Yes County Health Department Yes _ Village of Greenport Yes N.Y.S. D.E.C. Yes Other Yes 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale.(from contract). Yes 11. Is new construction proposed in the area of_ contours at 5 feet or less as exists? -" Yes 12: If new construction `is proposed in an area within 75 feet of wetland grasses, or land area at a6 eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under Yes the requirements of Ch. 97 of the Town Code? 1.3. Please list present use or open tions conducted upon the subject property at this time 4 Ayv f-� and .'proposed �)ek nil al- +-n)cls ! rM;Q. , *Please submit photographs for the record. I'certify that the above statements a -re rue and are being"submitted fol reliance by the Board of Appeals in co siderin my. pp ation. 4hy-v' ,, Signatu e Property Owner Au riz A ent 3/87 1 k• Nc Nc Nc Nc Nc Nc Nc G G 1s § 97-13 WETLANDS § 97-13 ` TOWN — The Town of Southold. TRUSTEES — The Board of Trustees of the Town of Southold. [Added 6.5.84 by L.L. No. 6.19841 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: _ (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or -lands lying beneath tidal waters, which at mean low tide are covered by tidal watery to a maximum depth of five (5) feet, including but not limited to banks; bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltivorts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass; and/or- (3) nd/or(3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most handward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 2.1, Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection I3(1) and lying with- in seventy-five (75) feet landward of the most ]arid - ward edge of a "freshwater wetland." : 9705 2.25.8:, .i/.Iii. A - ,'V -4%z4 - 74'f' �lo�T�i ���v�-rio�l- 1 0 F� WE Fj TF� I .�EsT__E_��y�T�oiJ-- 5 R 7.3 A l I g � a 0 r F I r O ' m 13 r, All y t SAYS @-o" FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE . SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL FileNo . ................................ Date .............. • To ...... ......................... "'�y 0- 4 A -1• ........... 19 PLEASE TAKE NOTICE that your application dated ...... n ... for permit to construct ... Ic at ' Location of Property. -'�:7 �-q .... HHamlet* House No. Street County Tax Map No. 1000 Section ............. ..... Block .... Lot J. 9 -d ........ ...... Subdivision .................. Filed Map No. ................ Lot No. ................. is returned herewith and disapproved on the following grounds .....nn .. a-L:q Q�6 -CQ ............................ ........................................................... ........... Building Inspector RV 1/80 0 '~i o0, /0 4/ Jo O-b ;0 J" 6 F) ?i 00, ...... ..... ... Vd 146 141 0 bi IV C) ZE 0 M It 0-1 -fp e 0*w 1p roo PAR CEI. NO Sf NO 075 ; -05-001 LINE MATCH LINE SEE SFC NO 073 •9 Z' _..t OF wl0 18 �� . NP�® �oi,c� o• o� i4*ft CAST IMOU GO Er, C0WCVKETr_ 5 LAM ('R V. r I AJ 0 41 Z CO< .J� C3 'REWFOP-CED S=CAT cowr-KrTE 'KIWC-15 :2 <Q UJ in 0 M =3 M 0 0 0 C3 C3 JU i- tc J L M M M 0 0 M CM 0 GOLDSMITH'S INLET -PARK :...' 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