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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
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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.
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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
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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
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t—
V)
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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
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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
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...........................................................
...........
Building Inspector
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