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HomeMy WebLinkAbout3501! Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, /.I.. N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 350] Application Dated April 28, ]986 (Public Hearing May 22, ]986) TO: Peconic Associates, Inc. as Agent [Appellant(s)] for NORTH FORK WELDING/JOSEPH 5CHOENSIEIN One B0ot]eg Alley P.O. Box 672 Greenp0rt, NY ]]944 At a Meeting of the Zoning Board of Appeals held on June 25, ]986, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request Article [X] Request Articles Article [ ] Request for for Special Exception under the Zoning Ordinance , Section for Variancesto the Zoning Ordinance VI, Section ]00-60 and XI, Section 100-1]9.2(B) Application of NORTH FORK WELDING/SCHOENSTEIN for Variances to the Zoning Ordinance, Articles: (a) XI, Section 100-119.2(B) for permission to locate new building within the required 75' setback from wetlands area, (b) VI, Section 100-60 for permission to expand nonconforming use of weld- ing business in this "B-Light" Business Zoning District located along the south side of Main Road (S.R. 25), Greenport, NY; County Tax Map Parcels No. 1000-53-2-12, 13 and 15; Lots 172, 173, 174, Peconic Bay Estates Map No. 658, and Map No. 1124 as Amended. WHEREAS, a public hearing was held and concluded on May 22, 1986 in the Matter of the Application of NORTH FORK WELDING/JOSEPH AND LINDA SCHOENSTEIN, under Appeal No. 3501; 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, at said hearing all those who desired to be heard were heard, and their testimony was recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board made the following findings of fact: 1. By this application, appellant requests variances to the Zoning Ordinance: (a) Article XI, Section 100-119.2(B) for permis- sion to locate new building within the required 75' setback from wetlands area, and (b) Article VI, Section 100-60 for permission to expand nonconforming use of welding business in this "B-Light Business" Zoning District. 2. The premises in question is located along the south side of the Main Road (State Route 25) at Arshamomaque, in the Hamlet of Greenport, and is identified on the Suffolk County Tax Maps as District 1000, Section 55, Block 2, Lots 12, and 13 and 15 (15.1). (CONTINUED ON PAGE TWO) DATED: June 25, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWq~ ZONING BOARD OF APPEALS Page 2 - Appeal Matter of NORTH No. 3501 FORK WELDING/SCHOENSTEIN Decision Rendered June 25, 1986 County Tax Map Lot 12 consists of Lots 174, 173 and 172 of Peconic Bay Estates, for which current ownership as found in the Assessors Office is in the name of Joseph Schoenstein (at Liber 9801 cp 510, April 8, 1985), and contains an area of approximately one-half acre. County Tax Map Lots 13 and 15 (or 15.1) are shown in the Assessors Office to be in the names of Joseph and Linda Schoenstein (at Liber 8641 cp 153, June 5, 1979), and contain an area of approximately .60 of an acre. Combined, the parcels contain an area of 49,800 sq. ftc, more or less, with a frontage along the Main Road of 198.59 feet, more particularly shown on survey mapped March 29, 1985, by Roderick VanTuyl, P.C. 3. The premises in question is in the "B-Light Business" Zoning District, which extends throughout the whole block from the west side of Pipes Neck Road (along the south side of Main Road) to the east side of Kerwin Boulevard. Opposite the subject premises on the north side of the Main Road are properties also zoned "B-Light Business." 4. As depicted on site plan revised April 24, 1986 prepared by Peconic Associates~ Inc., appellant proposes the following: (a) existing building of 2,286 sq. ft., set back 25 feet at its closest point to the front [northerly] property line, of which 625 sq. ft. is for the North Fork Welding office and 1,661± sq. ft. welding shop use~ (b) existing building of a size 15' by 21' presently used as an antique-sales shop, shown to be set back 23 feet at its closest point to the front [northerly] property line; (c) proposed new one-story metal building of a size 50' by 90'~ [4,500 sqt ft.], for welding shop use, of which 3,000 sq. ft. is to be for storage area. 5. By prior action taken by the Board of Appeals May 3, 1979, under Appeal No. 2541, a use variance was conditionally granted for the establishment of a welding business at premises identified on the Suffolk County Tax Maps during 1979 as District 1000, Section 53, Block 2, Lots 13 and 15, containing a maximum lot area of 26,458 sq. ft. By survey mapped April 24, 1979, the premises was improved with a barn structure and accessory garage building [see Mitchell Pekunka survey prepared by Roder- ick VanTuyl, P.C.] The premises during 1979 also was zoned "B-Light Business." Conditions placed with the board's decision are: (1) There shall be no outside storage of equipment or work that is to be completed by the applicant; (2) If the proposed number of employees on the premises becomes larger than two, the applicant shall return to the Board of Appeals for a review of this action; (3) Suffolk County Planning Commission approval. 6. Appellant proposes to construct the new one-story metal building along the westerly yard area 50 feet from the northerly (front) property line~ 15 feet from the existing building, and not less than 35 feet from the westerly property line. The new building is shown to be extending into the southerly parcel, overlapping the deed lot line, and having a setback from the most southerly line (depicted"drainage ditch") at not closer than 25 feet. Also proposed is an equipment/ storage area on the southerly parcel (1000-53-2-12) with the existing six-foot stockade fencing as shown by the April 24, 1986 site plan. 7. With reference to the expansion of the welding business, it is the position of this board that the record is not sufficient Page 3 - Appeal No. 3501 Matter of NORTH FORK WELDING/SCHOENSTEIN Decision Rendered June 25, 1986 in showing by dollars and cents proof: (a) that the land in question cannot yield a reasonable return if used only for a purpose allowed in this zone district; (b) that the plight of the owner is due to unique circumstances which may reflect the unreasonableness of the zoning ordinance itself; (c) that the use requested will not alter the essential character of the neighborhood. Dollars and cents proof has not been presented in this case. Also, it has been held by the courts that a Board of Appeals cannot under the semblance of a variance exercise legislative powers. It is apparent that the variance in relation to the requested expansion of welding-shop use is substantial, and the effect of the grant of same will be circumventing a change of zone or to establish a zone district completely at odds with the surrounding neighborhood and zoning code. 8. With reference to the insufficient setback from wetlands, it is the position of this board that the variance be denied since: (a) the relief requested is substantial at 65 percent of the requirements, or more; (b) the circumstances are not unique; (c) the practica] difficulties claimed are not suffi- cient to warrant same; (d) the relief requested is not the minimum necessary; (e) there will be a substantial change in the character of the neighborhood or detriment to adjoining properties. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was in the STEIN, RESOLVED, that the relief requested under Appeal No. 3501 Matter of the Application of NORTH FORK WELDING/SCHOEN- BE AND HEREBY IS DENIED WITHOUT PREJUDICE. Vote of the Board: Douglass, and Sawicki. (Member Doyen was absent. lk Ayes~ Messrs. Goehringer, Grigonis, This resolution was duly adopted. GERARD P. GOEHRINGER, C~FAIRMAN July l~ 1986 · I ECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE '?J//'q HOUR ~-~'~ APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N,Y. 119'71 TELEPHONE (516) 765-1809 July 16, 1986 Mr. Merlon E. Wiggin, P.E. Peconic Associates, Inc. One Bootley Alley, Box 672 Greenport, NY 11944 Re: Appeal NO. 3501 - North Fork Welding (Variance) Dear Mr. Wiggin: Transmitted herewith for your records is a copy of a response received today from the Suffolk County Depart- ment of Planning following our referral as required by the Suffolk County Charter. Yours very truly, Enclosure Copy of letter to: North Fork Welding GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 Town of Southold Board of Appeals July 14, 1986 Applicant: Man. File No.: S.C.P.D. File No.: North Fork Welding/Joseph Schoenstein #3501 SD-86-15 Gentlemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Appears inappropriate as sufficient information has not been sub- mitt~d to demonstrate compliance with applicable variance criteria. GGN: J k Very truly yours, Lee E. Koppelman Director of Planning by Gerald G. Newman Chief Planner 11788 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT .I. DOUGLASS ,IOSEPH H. SAWICKI Pursuant to Article XIII of the Suf.folk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: ×× Variance from the Zoning Code, ArticlevI , Sectionl00-60 MI , Section 100-119.2(B) Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3501 Applicant: North Fork Welding/Joseph Schoenstein Location of Affected [and: Main Rd., Greenport, NY County Tax Map Item No.: 1000- 53-2-12, 13 and 15 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) XX State or County Road, Parkway, Highway, Thruway Boundary of Existing or Boundary of Existing or -- Other Recreation Area Proposed County, Proposed County, State or Federally Owned Land State or Federal Park or or Existing or Proposed Right-of Way of Any Stream or Drainage -- Owned by the County or for Which The County Has Established Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. Channel Channel COMMENTS: Applicant is requesting permission to locate ~ew building within 75' setback from wetlands and permission to expand nonconforming use of welding business in this "B-Light" Business Zoning District Copies of Town file and related documents enclosed for your review. Dated: July 3, 1986 Secretary, Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWiCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I., N.Y. llCJ?l TELEPHONE (516) 765-1800 July 1, 1986 Peconic Associates, Inc. One Bootleg Alley, P.O. Box 672 Greenport, NY 11944 Re: Appeal No. 3501 North Fork Welding (Variances) Dear Sirs: Transmitted for your records is a copy of the recent findings and determination rendered by the Board of Appeals and filed this date with the Office of the Town Clerk. Copies are being transmitted to Mr. and Mrs. Joseph Schoenstein. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda K~walski Enclosure Copy of Decision to: Mr. and Mrs. Joseph Schoenstein Building Department Planning Board Suffolk County Planning Commission Southold Town Trustees ZBA 5/22/86 Page 26 KATHERINE and WILLIAM HEINS HEARING - Continued CHAIRMAN GOEHRINGER: Hearing no further questions, I will recess this hearing until the latter meeting in June. All in favor. #3501 - At p.m. a Public Hearing was held in the matter of NORTH FORK WELDING/SCHOENSTEIN for variances for new building within 75' of tidal wetlands and permission to expand non- conforming use of welding business in B Light Zone. Southside Main Road, Greenport. Chairman read legal notice and application for the record. MR. WIGGIN: Thank you. As you just pointe~,out this appeal is to do with a 4500 sq. ft. building primarily for two reasons. First, to increase the welding shop area and provide inside storage for protection of materials. We annotated five set of plans showing the breakdown of the present square foot area. CHAIRMAN GOEHR~NGER: Thank you very much. MR. WIGGIN: That breakdown is as follows: The present shop area is 2290 sq. ft. There will be 1125 sq. ft in the new building and 3000 sq. ft of storage area. In the existing building, there is 625 sq. ft of office and that will stay the same. The building is withir~ 75' of the wetland~ area, which is a 4' deep State Highway drainage ditch, which provides a physical barrier between the property and the building site. The wetlands permit has been issued for the construction with a 10' barrier provided. Also, the on site drainage, the roof drainage from the building will be into wet wells. The second aspect is the non,conforming use that has been provided under a previous appeal back in 1979. Now, when we originally made the applications, we reviewed it with the Town Planning Board and Trustees. The mas~er plan had been amended for Light Industrial, so ~f the master plan were adopted, he would be conforming. As you point out, this is a continuous business, 1978, it supports the work of Southold Town business and the fishing in- dustry and it is the only one like it in the area. Thank you. CHAIRMAN GOEHRINGER: Is there anyone else who would like to be heard on behalf of this application? Yes s~r. I have a Couple of questions, Mr. Wiggin. Do you have any idea how far the zoning is in depth in this particular area, the present zoning, I believe it is B-Light. MR. WIGGIN: It is B now. CHAIRMAN GOEHRINGER: How deep does that go? ZBA 5/22/86 Page 27 NORTH FORK WELDI~G/SCHOENSTEIN HEARING - Continued MR. WIGGIN: As I recall, that goes back to the State Highway drainage from the highway and that is as deep as it goes. Another aspect, by the way, is that the Planning Board is that the building height and the highway shoulder is approxi- mately 40' from each other. This is created a zone that is kind of no-man's land; that's been turn around by trucks and debris, etc. One of the concerns of the Planning Board is how to ~impr~ve the looks of the area and we have obtained information from the State Highway Department that the a~licant can landscape that area that belongs to the S~te and dress it up and plant trees and put in screening on the S~ate Highway property. The Planning Board was anxious, to improve the looks of the site. CHAIRMAN GOEHRINGER: Thank you. MICHAEL HALL: I would like to say something on behalf of the application. I wish I was not appearing after Tony Tohil~, but that's okay. What I would like to present to the Board tonight are five letters from local businesses. The reason I am present~ these letters is because they are from important, essential indus- tries from the Town, and they are quick and I will read them briefly ..... One i~ from Greenport Yacht Company .... One is from Winter Harbor Fisheries .... One is from ~e Chief of Greenport Fire Department .... One is from Southold Lumber Company... and the last is from Robert T. Cooper Seafood Ail urging favorable treatment of this application. CHAIRMAN GOEHRINGER: Thank you. You are not representing them, Mr. Schoenstein, in any way, are you sir? M. HALL: Yes, I am. Mr. Wiggin is the primary applicant. I am just here as their attorney tonight. CHAIRMAN GOEHRINGER: Now that we have that straight. Is there anything else that you wanted to add, Mr. Wiggin, before we go on? No, okay. Is there anything that you would like to add, sir? Let me just address this one issue, sir. Are we not in a portion of this application dealing with a use variance? MR. WIGGIN: Yes, that's correct. ZBA 5/22/86 Page 28 NORTH FORK...~ELDING~SCHOE~STEIN HEARINg - Continued CHAIRMAN GOEHRINGER: What you are in effect saying is that this particular new building will comprise the same type of activity that the existing building comprises and it will be used in toto, meaning even though they are not together, or adjoining, they will be doing the same things in both? MR. WIGGIN: Oh, yes, sir, they will be used adjacent to each other but the primary use of the new building will be storage of materials an increase in the shop area of the existing buildings. CHAIRMAN GOEHRINGER: Thank you. Who would like to speak against the application? Would you kindly state your name, sir? NICHOLAS CARNES: I am president of Peconic Bay Estate Property Owners Association and I am here to express opposition to the granting of a variance to build additional buildings. I represent some 125 families, who reside on Kerwin Boulevard, Bayshore Road, etc, in Greenp0rt. I urge that you deny Mr. Schoenstein's application. The variances to locate new buildings on this current property, which is several yards adjacent to Kerwin Boulevard on the east. Our opposition is based on the fear of our members that if you permit North Fork Welding to clog up their property with heavy equipment, you will, in effect, diminish the value of their property, let alone, that such a building will spoil the gateway to Greenport and the East End. North Fork Welding was given a temporary variance from Light Business Zone to L~ht Industrial. You would expect that they would have lived within the framework of that variance, which permits two empbyers. Sadly, they have not. They blatantly operate as heavy industry they manufacture heavy docks and you just heard they are going to have fire trucks there. They repair large trucks and trailers and have tons of heavy machinery lying there on the ground, visible to drivers passing by. These violations are continuing on the blanket of a Light Industry variance, when it is in effect a heavy industry business and violation to that variance and the Town should put a stop to such activities. What exists on his property has caused problems for Mr. and Mrs. John Nicoletti, who reside only a few feet adjacent to Schoenstein's property. There has occurred a spillover of machinery a~d mounds of sand and dirt on the Nicoletti property. I act on the Nicolett's complaint and in an effort to avoid long and costly adversary proceedings. The discussions resulted in a signed agreement with the Nicoletti's, Mr. Schoenstein and myself, which provided that North Fork Welding would erect a fence to protect the Nicoletti property line. He has failed to live up to his agree- ment, just as he has not complied with the temporary light industry variance. I urge that you deny the variances, for not to would spoil our area and most important you could be offending 120 families and favoring one. You would be responsible for the ZBA 5/22/86 Page 29 NqRTH FORK WELDING/SCHOENSTEIN~HEAR~NG - CqD~i~ued NICHOLAS CARNES: Continued...diminishing of our interest pro- perties. Again, On behalf of our members, Town taxpayers and voters, I respectfully urge you to deny the application for this variance. CHAIRMAN GOERHINGER: Thank you, Mr. Carnes. Is there anyone else who~would like to speak in opposition? MR. NICOLETTI~ Iam on the land just east of the Welding Company. We had some trouble with him. He dropped some dirt on my land and the DEC fined him for it $500, and it seems like he is taking it out on us. He picked up the dirt in that area and brought it right along my borderline, which is now, everytime it rains, it runs off on my property. He seems to do that and not care. It is really bad. He has some heavy equipment and he is saying that he wants to build that shed just to store equipment. Now, he had a s~_arbrought to him about two weeks ago, delivered on a flatbed truck and I am in this business, myself, this thing is capable of shearing a four by eight sheet of boiler pla~e, half inch thick. If you want to sit in my living room when he works that thing, all the glass will just rattle. He intends putting that in this new shed that he is going to build. He says it is for storage use. This is going to be an operating machine. Now, if that is light business, it beats me. That's definitely heavy industry. We don't even have a shear that size in Brookhaven National Labs. He just had that delivered and it is parked outside of his shop on a flatbed truck and he didn't dare move it until dark and they started moving that at 9:30,10:00 p.m. and they were there all night putting it in. There are tractors, trailer trucks, noise, cranes, we couldn't sleep. CHAIRMAN GOEHRINGER: You live adjacent to the antique shop? MR. NICOLETTI: Just east of it. CHAIRMAN GOE~INGER: Is there anyone else in opposition? WE will go back, now you can speak, sir. FRED SCHOENSTEIN: I am a partner in the business of North Fork Welding. I would like to clear up a few things. With respect to Peconic Bay Estates Association, my grandparents, aunt and several of my friends live there. Not one of them was approached about this matter. I would like to see the letters or signatures saying that these people are opposed to the new building. The only people that I know that are against us are these ~eople who come out here to retire or spend weekends, after they have- made their living somewhere else. They want peace and tranquility ZBA 5/22/86 Page 30 NORTH FORK WELD~NG/SCHOENSTEIN HEARING - Continued MR. SCHOENSTEIN: ...continued .... and should not bother to buy business property on the Main Road. The DEC did not issue any fine for any amount of money because of the soil that was dumped on their property. Mr. Nicoletti says that we have a tremendous shear out in front. It is not a shear. It is a press and the press operates silently. There is no crashing, no noise. The reason why the press was out there in the evening was that it come from a company in by the city and the trucker was trucking it he did not get there until 6:00 p.m. We had to unload it that night, because the trucker was being paid. He was not going to sleep over and go back in the morning. That's why the press was unloaded at night. Not to try to kid anyone or do it in the dark. They are not.the working people of this area. How Can they possibly survive. Everyone wants peace and tranquility on the Main Road. It is impossible, absolutely im- possible. We urge the ZBA to grant us permission for our new building so we can house our machinery and make our operation more presentable. Thank you. CHAIRMAN GOEHRINGER: Can I ask you a question, sir? Is this press in operation, now? MR. SCHOENSTEIN: No, it is outside the building getting rained on everyday. If you would like to come down to the shop, I will operate the press to show you exactly how much noise it makes. I guarantee you that if you stand outside the front door of the shop you will not hear the press in operation. That is a new piece of machinery that we have acquired. CHAIRMAN GOEHRINGER: DO you operate this on a Saturday morning? MR. SCHOENSTEIN: Sure, we do. CHAIRMAN GOEHRINGER: Okay, we w~ll be down next Saturday at 10:00 to view this. Anyone else? LIBBY SCHOENSTEIN: I am Joseph's wife. When we applied for the variance in 1979, it was granted to us and we.have since violated the variance, and the reason for this is because of the increase in business and the growing of the business. Now, we have adapted his plans for a better environment for the community to see. We have not intentionally done anything to our neighbors to agitate this situation. At the time that my husband did have that dirt we were not aware of that fact that it was the boundary of Mr. Nicoletti's property. He has bought the piece that is behind it. We were not aware of that we were violating on his' prq~rty, so it was not done deliberately to offend him. That is all I have to say about it. ZBA 5/22/86 Page 31 NORTH FORK WELDI~G/~CHOENSTEIN HEA~ING - Continued CHAIRMAN GOEHRINGER: DO you work for your husband? LIBBY SCHOENSTEIN: I did. CHAIRMAN GOEHRINGER: Can you tell me how many employees he has now? LIBBY SCHOENSTEIN: A ~ew men have come and gone; him and his brothers are partners and he has at least two other employees. I also own the antique shop to the east of the shop and at one time I operated my business in the main part of the building, and I considered it a hazard to have my customers come in and walk across the steel and stuff like that, so I moved to the other side. My building in no way, is offensive to Mr. Nicoletti. There is no garbage outside. I don't do any refinishing of fur- ni~ure. I am on~ open half days on Saturday and Sunday and during the winter, I am closed most of the time, so I don't feel that that is offensive to him at all. My husband's building was there at the time Mr. Nicoletti bought the property and I would assume if I were buying a place and I saw an area which I was opposed to, ~would not buy in that area. CHAIRMAN GOEHRINGER: Thank you very much. Is there anything else from the family of the representatives. We are running into a match back and forth. JOE SCHOENSTEIN: I am the owner of the property with my b~other and I would like to say just one thing. With respect to the fill, we had placed some fill which we had received from Porky's Restaura~ to fill some of the holes and low spots in our work area. Of course, we couldn't do it right in our driveway, so I dumped it on the property next to me, which is between Nicoletti and myself toward the rear of the property and without my knowledge, it was within 75' of some type of grass that is considered wetlands grass. I got a letter saying I was being fined $500 for filling wetlands and they said I have to move the fill from the area itlis ~ and then I would not have to pay the fine. So we moved the fill and I had to maintain 75' from the grass and the mosquito ditch that runs between the two pieces of property, so In order to do that and keep the fill on my property, without screwing up too much of my driveway or parking area, I had to put it along the property line of Mr~ Nicoletti. The man that we hired to do it was a little . too close to the property and I did not ask him to be that close. That fill will be moved, hopefully to put in where the new building is going. The Town Trustees have looked at the whole site and approved everything. I definitely will put up shrubbery, a fence and whatever reasonable agreement we can come to, along that property line down. I wanted to wait until I got a building permit and I will definitely follow through and put in this shrubbery or fence. Thank you very much. ZBA 5/22/86 Page 32 NORTH FO~ WELD.IN~/S~HOENSTEIN HE.ARING~- Continued CHAIRMAN GOEHRINGER: This is not a question directed in a derogatory sense to your business, but when I was down there last week, I saw all this paraphernalia all over the place. Are you actually physically working on this stuff that is outside? JOE $CHOENSTEIN: The majority of it is a large supply of steel for the lumber yards, mostly going into housing and condominiums. We had purchased a piece of property behind Mr. and Mrs. Gilbeck, which is to the west of me, they have a red house, and we are using that for steel storage and machinery storage right now, and we hope to, of course, try to organize that to house all that material with the new building and fencing and driveway facilities and shrubs. There will not be any storage in the front of the shop, just parking. CHAIRMAN GOEHRINGER: I thank you sir. MRS. ~ICOLETTI: I would like to clear up something and I am sure Mr. Lessard is going to remember what happened. I had gone down to question the property behind us and Mr. Lessard stated at that time there was a large amount of dirt, which was not on Mr. Schoenstein's property, but on the property we were buying at that time. He was sending dow~ someone to check. Now, after that, we don't know what happened, the next morning we get up and there is Mr. Schoenstein taking all that dirt and dumping it on our property line. We came out and spoke to him and he accused us of squealing on him that the dirt was back there. It wasn't on any wetland, it was on our land. Now, we did not say anything because we did not own it at that point. I went out to find out if the property behind me was available. Now he had the nerve to come over to us after he dumped a 5' high by 30' wide pile, which all washed on my side. I have since spoken with Mr. Lessard as to what can be done. Schoenstein came over and told us he had to put it there. He has a whole big piece of property and he has a lot of room in there. He purposely loaded that dirt for spite and we even told him that and he said because we squealed. Mr. Lessard said he would talk to him to tell. him it was not us that he himself found about it. This is the whole thing that is going on. He had junk on our property, which we have told him to remove and he did and he is very careless, he - does not care about people. He is supposed to be light business. ZBA 5/22/86 Page 33 NORTH F~RK WELDING HEARING / Continued MRS. NICOLETTI: - continued - We bought our house 3 years ago. We hadn't moved in until last September. At that time, he was a very small business and his wife had the antique shop?there. That was the reason why we bought it, because it was small. We did not intend to see this thing happen. If we knew this would happen, we would not have bought the property. We are renovating our house, which happens to be the first schoolhouse that was built out here and we intend to live the rest of our life here, but not with all this argument and fighting going on and this welding business. I don't even think he should be in this area. The equipment he has nowis actually heavy equipment, it is not light business, as it is supposed to be. Now, when he builds a shed, is he going to put all this heavy equipment inside? Is this what the intention is? I- would appreciate your going down there and checking on that. Plus the dirt on my property. CHAIRMAN GOEHRINGER: Thank you. Mr. Wiggin, can I ask you just one more question? I appears that this building is straddling two p~operty lines; are both of these lots in a corporation name or one name or what is the situation? MR. WIGGIN: They are both under Joseph Schoenstein now. CHAIRMAN GOEHRINGER: Is it two lots or more than two? MR. WIGGIN: It was more than two lots originally, I think it is two additional ones and they was added to the original lot. CHAIRMAN GOEHRINGER: It appears that the proposed building is straddling a couple of property lines, that may not be all in the same name. It is all in the same name absolutely? MR. SCHOENSTEIN: The only one not in the same name is on the east side of the mosquito ditch between my own shop and the Nicoletti property. CHAIRMAN GOEHRINGER: Please provide us with a couple of deeds, so we can be aware that they are all in the same'name. There seems to be some question about it. It is not that we are questioning you, but our records may not be as accurate as yours are, because you are the owner of the property. We get our copies from the- County Clerk's office and sometimes they are not accurate. How high is this building supposed to be? MR. SCHOENSTEIN: I am trying to think of ~e exact height... ~6 or 17' it is on the plan. CHAIRMAN GOEHRINGER: Is there anyone else? Hearing no further questions, I make a motion closing the hearing, reserving decision until later. PoO, Peconic Bay Estates Property Owners Association Box 366, Greenport, NY 11944 May 30, 1986 Mr. Gerard Goehringer Chairman Zoning Board Southold, NY 11971 RE: MR. SCHOENSTEIN'S NORTH FORK WELDING COMPANY Dear Mr. Gerard: I have enclosed a copy of my Thursday, May 22, 1986. Hopefully, this will provide of our position. remarks before your board on you with a clearer understanding Sincerely, President REMARKS BY NICHOLAS CARNES TO SOUTHOLD TOWN ZONING BOARD MAY 22, 1986 Mr. Chairman and Board Members: My name is Nicholas Carnes. I am President of the Peconic Bay Estates Property Owners Association. I am here representing 120 families who reside on Kerwin Boulevard, Bayshore Road, Island View Lane, and Pipes Neck Road, all in Greenport. I express their opposition to the Board's granting variances to Mr. Shoenstein~s North Fork Welding to locate new buildings on his current property, just several yards east of Kerwin Boulevard. Our opposition is based on the fear that by permitting North Fork Welding to build new buildings would only magnify his cluttering the property with all sorts of heavy equipment. Our members believe that this condition, if permitted, will greatly reduce their properties~ real worth. Granting variances for such building would despoil the gateway to Greenport and the East End. Once, this part of Route 25 was an uncluttered landscape, neighboring on Pipe Creek and Cove, and was occupied by two country schoolhouses that should have been protected as land- marks. Due to negligent zoning in the past, the area just yards west of Kerwin Boulevard was despoiled by a black top plant and a lumberyard. This lumber yard has regularly parked large trailors and trucks on their property, extending out to the state road. Drivers' vision is seriously impaired and the possibility exists of a serious accident occurring. If you grant the variances, you would be compounding the despoilment to the east of Kerwin Boulevard. Recently, North Fork Welding was granted a temporary Light Industry variance from a Light Business variance. It was to be expected that he would respect the rules of the temporary variance; he did not. He has more than two employees. They blatantly operate as a Heavy Duty Industry, manufacturing heavy docks, repairing large trucks and trailors, and have tons of heavy machinery lying on the ground which is highly visible to drivers passing by. Even if you would permit him to build, it would be impossible for him not to still have heavy machinery cluttering up the outside. So, the first step is to get him to clean up his mess now, and then to deny him the variances. For the Board to accede to his request would be to further despoil our area, but more importantly it wQuld abandon 120 families in favor of one. Such a decision would seriously diminish their property values. Finally, our members who are taxpayers, community and voters, respectfully urge Welding their applications. loyal citizens of the you to deny North Fork Thank you° T~gL. 765-2552 Southold Lumber Co., Inc. YOUNGS AVENUE P.O. BOX ~o86 SOUTHOLD, L.I., N.Y. Z'akV 22~ 1~86 ATTENTION: Zoning ~oa~d off &ppeals Dear Sire: The Southold Lu~ber Co., Inc., has done business with North ForkWeldi~gfor the last six yeare. The services and materials that we obtain fromNorthForkWeldi~ga~e not readily available anywhexm else in Southold Town. The continued success and expA~aion of North Fork Welding would be a benefit to Southold Lumber Co., .~a entire building industry on the North Fork. I hope you will look favo~bly on thin application for rezoni~g. Sincerely yours, James H. Rich, III Vice President, Southold Lumber Co., Inc. ~/dew MEMBER OF: Robert T. Cooper. Inc. WHOLESALE SEAFOODS P. O. BOX 97 GREENPORT, NEW YORK 11944 Tel, (516) 477-1760 May 21, 1986 TO WHOM IT MAY CONCERN: North Fork Welding has been doing work for us over a period of some five years. During this time they have made repairs and constructed new, when required, many pieces of equipment made from steel, aluminum and stainless steel. Their business practices have been of the highest order. We feel that they have been a definite asset to the Industrial Waterfront Community. It would seem that the construction of a building to house and contain their varied metal work would result in a more attractive installation benefiting the surrounding community as well as themselves. Very truly yours, Robert T. Cooper, POST OFFICE BOX AR GR£ENPORT, LONG ISLAND, NEW YORK 11944 TELEPHONE 516-477-2277 May 21, 1986 Town of Southold Zoning Board of Appeals Main Road Southold, NY 11971 Dear Sir: This letter is to urge you to grant the requests of North Fork Welding Co. in order for them to continue successfully in business. In our opinion their company is an asset to Southoid Town both as an employer and as a fabricator and manufacturer. They contribute to the balance of our entire community as they work for farmers, fishermen, homeowners, truckers, private companies as well as Southo]d Town and the villages. North Fork Welding is an important and vital part of Southold, and we hope their requests are favorably considered. Sincerely, Stephen L. Clarke 6 /inter 'Harbor 6'Fisheries Inc. PACKER PROCESSOR OF QUALITY SEAFOOD PRODUCTS ~ay 22, 1986 To whom it may concern; North Fork Welding and Steel Suprly has provided Winter Iiarbor Fisheries with its exceptional services for the past few years. They have been invaluable in keeping our plant in daily opera- tion as well as providing much needed services for the maintenance and repair of our fleet of clamming vessels. North Fork Welding not only offers its own employ- ment opportunities in our local area, but by keeping other neighboring businesses operational, our employees keep ~vorking. Winter ttarbor alone, employs 40 - 50 people. Since their unique and special services are the only ones available on this end of the island, it is of utmost importance that North Fork Welding and Steel Sup?ly be able to expand with the needs and demands of our communities. Sincerely, ~~k ~. l~.~d/~let on President Sterling Avenue * Greenport * Longlsland NY 11944 · (516) 477-1170 Greenport Village planning 236 Third Street Greenport, New York 11944 Board May 22~ 1986 Board Hembers; 7[ am in Favor of the North ?ork Welding Company expanding their business so as to better serve the community with the fine service that they have in the past. In order for them to expand, they will need a larger building which I am also in favor of. A larger building would mean we could leave our trucks inside overnight and not worry about anything being taken off them. would appreciate you looking into this matter favorably. Thank you, / Richard A. Hulse lat. Ass't. Chief Southold, N.Y. 11971 (516) 765-1938 May 22, 1986 Mr. Merlon Wiggon President Peconic Associates, Inc. Bootleg Alley Greenport, NY 11944 Re: North Fork Welding Site Plan Dear Mr. Wiggon: The following action was taken by the Southold Town Planning Board, Monday, May 19, 1986. RESOLVED that the Southold Town Planning Board refer the following comments to the Board of Appeals regarding the application for North Fork Welding located at Greenport: The Southold Town Planning Board has reviewed the site plan elements and has no objection to them. If the Board of Appeals, in their review, find evidence to substantiate the granting of the variances, the Board is in agreeement with the site plan elements. Please contact this office if yo~ h~ve any questions. cc.- Board of Appeals Very truly yours, BENNETT ORLOWSKI, JR., SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary PECONIC BAY ESTATES PROPERTY OWNERS ASSOCIATION, INC. P.O. Box 366 Greenport, New York 11944 January 2, 1986 Mr. Bennett Orlowski Chairman Planning Board Southold Town Hall Southold, NY 11971 RE: ~4icol etti (vs) Dear Mr. Orlowski: Schoenstein TOWN OF $OUTHOLg) It has come to our attention that North Fork ~lelding submitted an application for a light industry zone. ~le have further been advised that the Southold Haster Plan for this area has been zoned heavy industry. Our association members are greatly disturbed over these events since it affects their property values. We herewith formally protest any decision to change the zoning for ~4orth Fork Welding. Be aware that we wish to appear before the Town Planning Board Hearing in order to voice our objections. NC:jp cc: Fran~ Murphy - Town Supervisor Victor Lessard Exec. Admin. Bldg. Dept. Joseph Schoenstein - North Fork Welding Lydia & John Nicoletti z/ y 7 _, .j Sincerely yours, President PECONIC BAY ESTATES PROPERTY OWNERS ASSOCIATION, INC. P.O. Box 366 Greenport, New York 11944 January 2, 1986 Mr.' Victor Lessard Executive Administrator Building Department 2ox 723 Main Road Southold, NY 11971 RE: Nicoletti (vs) Schoenstein Dear Mr. Lessard Thank you for the time you spent with Mr. Bancroft and myself on ~onday, December 30, and for your interest, in our problem. Our association is deeply concerned that the rights of Lydia and John ;licoletti are being violated and that there is evidence of the additional deterioration of their position. The Nicoletti's purchased their property of 50 Pipes Neck Road in good faith at a time when the neighborhood was zoned as light business. Subsequently, a "light business" two employee welding shop has burgeoned into a large "heavy" multi-employee industry - all this in violation of zoning regulations. The Peconic Bay Property Owners Association Inc. protests these violations and insists that town authorities put a stop to them. Although zoned light business, this is a residential neighborhood. There are four homes to the west of Mr. Schoensteins's ~Jelding Plant with the~Nicoletti's home on the immediate east. We will greatly appreciate any assistance protect the rights of our association and Nicoletti. your office can give us to its members, Lydia and John NC:jp cc: Mr. Frank Murphy - Southold Town Supervisor Mr. Bennett Orlowski Chairman Lydia and John Nicoletti Mr. Joseph Schoenstein Sincerelx youxs, ll'icholas carnes President Planning Board Southold Town Board of 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 Notice of Determination of Non-Si~nificanc,. May 22, 1986 .S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION APPEAL NO.: 3501 PROJECT NAME: North Fork Weldin~/Schoenstein 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 ~X] Unlisted [ ] DESCRIPTION OF ACTION: (a) Permission to locate new building within required 75' setback from wetlands area and (b) permission to expand non- conforming use of welding business in this "B-Light" Business Zone · LOCATION OF PROJECT: T~wn of Southold, County o Suffol particularly known as-S/s · Main Rd., Greenport, N.Y. (~econlc ~%ates) 1000-53-2-12 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple~ mented as planned; (2) TD%%S ~ an application concerning use of the premises and is not di~rectly, 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. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals blAIN ROAD- STATE ROAD 35 SOUTHOLD, L.I., N.Y. 11S71 TELEPHONE (516) 765-1809 TO: Southold Town Planning Board FROM: Southold Town Board of Appeals DATE: May 12, 1986 SUBJECT: Interdepartment Coordination/Comments As of recent date, we have received applications on each of the following, matters, which are also presentlyjpending before you. May we have your comments concerning the general elements concerning the site plan, particularly the location of the construction as proposed, points of egress and ingress, and changes or recommendations, other than minor, which are normal policy in your reviews? The public hearings have been advertised for May 22nd: North Fork Welding/Schoenstein Variance #3501. S/s Main Road, Greenport. Wetlands setback and increase of nonconforming use of welding business. Greenport N.Y. Congregation Jehovah's Witnesses - Special Exception for addition as religious library use. S/s Spring Lane and E/s Indian Neck Lane, Peconic. Armando J. Cappa/Port of Egypt Enterprises - Variance #3506. Deck addition and;~seafood holding tanks within 75' of bulkhead area. S/s Main Road, Southold. Thank you for your assistance in these matters. lk BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 March 28, 1986 TELEPHONE (516) 765-1892 Mr. Merlon E. Wiggin, Ph.D., President Peconic Associates, Inc. P. O. Box 672 Greenport, New York 11944 Re: Joseph Schoenstein - Wetland Application No. 337 Dear Mr. Wiggin: The following action was taken by the Board of Trustees at a regular meeting held on ~iarch 27, 1986 regarding the above referenced matter: Moved by Trustee Bredemeyer seconded by Trustee Larsen WHEREAS, Joseph Schoenstein applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated December 2, 1985, and WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on March 27, 1986 at which time all interested persons were given the opportunity to be heard, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, the Board considered all testimony and documentation submitted concerning this application, and it is noted that there was no public opposition, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety, and general welfare of the people of the Town, NOW, THEREFORE, BE IT RESOLVED that Joseph Schoenstein be and is hereby granted permissio~ under the provisions of the Wetland Ordinance of the Town of Southol~, New York for the construction of a 50' x 90' addition to an existing building and to leave approximately 40 to 50 cu. yds. of previously placed fill on the site. This permit is granted with the provision that there will be a 10 ft. buffer zone, between the proposed structure and the drainage ditch, to be suitably vegetated, roof run off shall be contained, and driveways and parking areas shall be of porous construction. This permit will expire on March 27, 1987 if work is not complete by same. The trustees are to be notified upon completion of the work. Vote of Board: Ayes: All This resolution was declared duly adopted. There is a $5.00 Wetland Inspection fee due and payable. Upon remittance your permit will be forwarded by mail. Very truly yours, Henry P. Smith, President Board of Trustees HPS:ip cc: Joseph Schoenstein D.E.C., Stony Brook Army Corps of Engineers Building Dept. Planning Board Board of Appeal~ .Trustees File MICHAEL J. CUDDY REGIONAL DIRECTOR April 10, 1986 STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION VETERANS MEMORIAL HIGHWAY HAUPPAUGE, N.Y. 11788 FRANKLIN E. WHITE COMMISSIONER Peconic Associates, Inc. One Bootleg Alley P.O. Box 672 Greenport, NY 11944 Attention Merlon E. Wi~ins~ PH.D~ M.E. Gentlemen: S/S~ Rt. 25 Between Kerwin Blvd. & Pipe Neck Road~ Greenport Site development plans at the above noted location have been reviewed. Comments from our Landscape Department are as follows: 1. All meJor trees shall be planted a m~nimum of 25 feet from the~edge of pavement. --~ Grass area between highway shoulder and property line should be graded 1/4 inch per foot ~ay from the highway shoulder. This will eliminate standing water at the edge of pavement; a swale must be placed to direct water into the catch basin. 3. Agre~nent in permit that all required meintenance will be performed by the property owner, and to be included in any sale agreement. Our Drainage Engineer sees no serious problem provided ~he drainage pipe and ditch are maintained to permit flow. Our Maintenance Department requests that plans be revised to show the existing and proposed contours that will direct the sheet runoff either toward the ditch or the catch basin. They would prefer~that this runoff be directed toward the ditch, but if the permittee chooses to utilize the catch basin, then the existing drainage system must be cleaned. Furthermore, they request that an asphalt ring be placed around =he inlet grate. Upon re~tpt of-~eVi~ed prints showing the above noted changes, together with a ~4,000 bond (s~Ample enclosed) and a check Co the State of New York for $2g~, liig~hway Work Permit applicatious will be prepared for signature by your client. S er Regional Pe~t HRT:BT PERM 44d (3/82) BONO NO. (SAMPLE FORM) SURETY BONO (PERFORMANCE) (INSURANCE AND INUEMNITY COMPANY NAME) AMOUNT KNOW ALL MEN BY THESE PRESENTS, That we, (PRINCIPAL'S NAME) having its principle place of business at , as Principal, and the (INSURANCE AND INDEMNITY COMPANY,) as Surety. having an office and usual place of business at are held and firmly bound unto the DEPARTMENT OF TRANSPORTATION OF THE STATE OF NEW YORK in the aura of for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly end severally, firmly by the.se preeenta, WHEREAS, the Principal will submit and has submitted plans and specifications for work, within e State Highway, deemed necessary by the Commissioner of Transportation, or his duly authorized delegate, and WHEREAS, the Principal has received and will apply from time to time for permits for the purpose of constructing drive entrances, sewer lines, water mmns, gas mains, street intersections, curb, sidewalk, drainage and excavating for miscellaneous structures, etc., on or within the ri,~ht of way of highways under the jurisdiction of the State of New York, Department of Transportation, WHEREAS, this bond is for the purpose of insuring and guaranteeing the timely end workmanlike completion of such work as reasonably determined by the Commissioner of Transportation or his duly authorized delegate. IT IS AGREED and understood among the part.es he[eto that upon the reasonable determination that such work ia not being timely performed or is not being or has not been performed in a workmanlike manner by the Principal, the Commis- sioner of Transportation or his duly authorized delegate may require the Insurance and Indemnity Company to promptly corn* plate said work in a timely and workmanlike manner, or the Commissioner of Transportation or his duly authorized delegate may direct completion of said work with forces chosen by the Commissioner, the costs of which work will be reimbursed by the Insurance and indemnity Company up to the amount designated above, aU of which determinations shall be within the sole and exclusive discretion of the Commissioner of Transportation or his duly authorized delegate. iT IS FURTHER AGREED that the Principal and the Insurance and Indemnity Company shall indemnify and save harmless the said State of New York, Department of Transportation, from all liabiUty, damages and expenses Of every kind and nature, resulting directly or indirectly to persons or property and arising from and in consequence of any license or per- m~t, and shall well, truly and faithfully perform the duties and privileges pertaining to any license or permit and shall restore such State Highways to their original conditions. IT IS FURTHER AGREED that the Principal and the Insurance and indemnity Company shall further indemnify, save harmless and pay the New York State Department of Transportation, any damages, Io~ss, charges or expenses which shall, in any way, be sustained or incurred by it in relation to or in connection with any and all such claims, actions, suite or pro- ceedings at law or in equity. This bond takes effect and shall remain in fuU force unlit the work is satisfactorily com- pleted and accepted. PRINCIPAL'S NAME BY Title SURETY'S NAME BY Title NOTE: Company Seal Attach Power of Attorney, Financial Statement and acknowledgement by representative of the Surety showing his powers to execute such ~nstrument. J NOTICE IS-~EKEBY OIV: EN. pUrsuant tO SeCtion 267 o~ the Town Law and thc Code of the Town of Southold, the following public h~ngs will I~ held by the SOUTHOLD at ihe Sonthold Town Hall, 7:30 p.m. on THURSDAY, MAY 22, 1986 and a~ follows: 7:35 p.m. Appeal No. 3399- JOSEPH AND ANN PACELLI. Variance to the Zon- inn Ordinance, A~ticle 1Ii, Sec- tion 100-31, Bulk Sdmedule, for approval of insufficient area, depth and width of three parcels refen~l to as Lots No. 1, 9 and !0, Map of Bayside Terra~, Southold, NY; Lot No. I located' alon{ the South side of North Bayvie~V Road, and Lots No. 9 an~110 located along the enstslde of Summer Lane; County Tax Map District 10(X), Section Block 9, Lots I and 16. 7:40 p.m. Appeal No, 3492- JOYCE TESE. Variance to the Zoning Ordinance, Article I11, Section 100-32C, for permission to locate accessory three-c~ garage in frontyard area, at 800 Jack~on Street, New Suffolk, NY; County Tax Map District 1000, Section 117, Block 10, LOt 7:45 p.m. Appeal No. 3498- GR~ENPORT N.Y. CON- GREGATION OF JEHOVAH WITNESSES. Special Excep- tiofi to the Zoning Ordinance, At~ide III, Secsion 100-30 (B)[2! for permission to construct dition and establish same for reit{ions, library use, at 1345 In- dian Neck Lane (a/k/a 50 Spring Lane), Peconic, NY; County 3~ax Map District 1000, SectiOn 86, Block 5, LOt L .' 7:50 p,m. Appeal No. 3504- OREENPORT HOUSXNG AL~.IANCE. Varian~ to Zoning Ordinance, Article 111, Section 100-31 for permission ~ locate new sin{le-ftmly with insufficient total sideyards nnd insufficient northerly sideyard at 1300 Seventh Str~t,~ Greenport, NY; Map of G~tm- port Drivin{ Park Lot No. ~ County Tax Map District .Section 48, Block 3, Lot 16, 7:55 p.m. Appeal No. NORMAN .REICH. Variance to the Zoning Ordinance, Artlda Ill, Section 100-31, Bulk: Schedule for permission m con- struct deck addition with in~uf. ficient rearyard ~ethack at 655 Cedar Drive. East Marion, NY; County ~ Map District 10(W),. Section 22, Block 2, Lot 4L {:..0Q p.m. Apj~e. ~ ..,l~o.. lng Ordinanca,.Articie~Ill~ S~*~ tion 100-32 for permission to locate accessory building in frontyard 7455. Soundvlew Aven~eC South01d, NY; County Tax IVl~p DiStrict ~000, Section 59, Block 6, {~ot 8. 8.'05 p.m. Appeal No. JOHN M. KERBS. Variance the Zoning Ordinan~ A~ticlei III, Section 100~31, Bulk Sched-, tile, for approval of insufficient a~a of three pamels in this pro- posed foUr-lot minor subdivi- sion looted along the south side of Middle Road (C.R. 48)~ Southold, NY; County ~ Map.I District 1000, Section 55, Block ,3, Lot 3. [ NORTH FORK ~ WELDING/SCHOENSTEIN. COUNTY OF SUFFOLK ~lVariances to the ~nng Or- STATE OF NEW YORK ss: ]d~ficl~:(a)~,~on ~ 1~119.2 (B) for ~rmission to ] I~ n~ bu~din~ within the [ ~quired 75' setback from Patricia Wood, being duly sworn, says that Editor, oF THE ~ONG {SL~ TR~ELER-~TC~ ~n~nfor~ng u~f weldi~ a pub{{c newspaper printed a~ Southoid, in Suffo{k ~ business in this B-Li{ht and tha~ the notice o~ ~h{ch the annexed {sa printc ~ong the south side of ~n has been pub{ishcd in said Lon~ is{and Travc{ec-~ ~,(~R. 25),Or~n~.,~; once each ~eek ~or ................. ~ ........ ~uuty successively, co~cncin~on the ........ L~. ~ 172, 173, 174, ~ulc ~y .... Em~t~ ~ap ~o. 658, and ~ap ~o. 1124 ~ ~end~. ed f~m ~ay 1, 1986). .... -~'~' ...... ~- HOWARD AND JANET MA~. Variants to the ~nin{ Ordin~ Article: (a) Ill, Section 100-31, Bulk' ~ Sch~ul~ for ~ssion to con- Sworn to before mc th}s . .. ~ ~ struct addition with an insuffi- cient sid~ setback, and (b) ..... permission to locate addition 8:10 p.~ Ap~al No. 35~- ~thin 75' of ord~ hipster ~ J. C~P~ mark and bulkhead at 250 Blue OF ~Y~ E~RIS~ ~~~ ~~.. Marlin Driv~ Or~npo~, N~; ~ W the ~n~{ Or- ~__ SoutholdSho~ Map No. 3853, d~ ~icle XI, ~tion ~t No. 3; County ~ Map 1~119.2 (B) for ~ssion to ............. P~CI No. 1~-56~7-21. .lbcate attached deck and Notary Public 8:55 p.m. Ap~l No. 34~- ~ huldi~ ~ks ~t~n MARJOR1E D. PETRAS. 7$'0fh{~h~db~h~d, BA~AI~ FORBES Variance to the ~n~g Or- ~ 621~ ~n ~ad, Southold, [o~ Public, State of New York dinanc~ ~ticie Ill, Section ~; ~ ~ Map ~ N~ No. 48~8.t0 1~31 for permission to con- 1~2; ~mHomes ~., Qualified in Suffolk County st~ addition in ~ess of I~~ F~ Map No. 535 ~t I-9 ommisslon Expires ~ ~ ~ 19 ~ ~ ~mum-per~tt~ 20 percent ~U~ lot coverage requirement at 7~ 8~15 P.m. Ap~ No. 3418- ~ke Driv~ Southold, NY; O~ ~IOL ~ Cowry ~ MaP ~cel No.  .~ p.m. ~ No. ~493- 9:05 p.~ Ap~l No. 3507- LS. ' PONTIAC- ' NICK T~OPHI~ DILL~, V~s to the to the ~ning Ord~n~ ~ti- ~nin~ ~ ~icle VI: cie XI, S~tinn 1~-119.2(A) for '(a) ~io~ l~O[2](a) for p~issinn to Io~te swimming ~iontO~dsisn pool with deck and fence ~ ~um 6'6" h~t enclosu~ within 1~' of bluff .~ment, and ~ceedins area along ~ng Island Sound, ~t; ~mmt of 15'6" at ~ Sound D~ G~n~, fm~ ~uud to up~r edge of NY, ~t No, 118, Map of s~'. and (b) Section Eastern Shores, Section 4, 1~[2]~)[4] for pe~is- County ~ Map ~el No. ~ t0 p~ ~ si~ ~th pm- 1~-33-1-16. J~on of mo~ th~ one foot, ~:}0 ~p~i. A~ No. 3458- at~4215~ M~n ~ad (a/k/a 2~~ NO~ ~C ~ne), ~o~ ~ V~ia~ to the ~ning Or- ~ty ~ Map ~stfi~ 1~, dinanc~ ~icle III, S~ction ~n 75, Bl~k 1, ~t 14. 1~-31 [or ~ticle XIII, Section ~25 p.m. App~ No. 349L 1~-13~)] for app~ of t~ee ~D J. GRIM. S~i~ p~els having insuffi~ent area, ~Hon of the ~ning Or- and propo~d ~cel No. 3 hav- ~c~ ~cle I~ ~tinn lng insufficient depth, located i~ for ~r~ssion to con- on p~vate H$ht-of-way off the s~t sto~e building and no~h side of Main Road (S.R. ~sh out,de st~kpiHng of 25), Orient, N.Y.; County ~1 u~ in this "C-I" Map ~cel No. 1~18-4-1 ~Indus~g~st~. (I.1). ~on of ~o~y: ~t No. The Bo~d of Ap~als will ~ ~&ng) ~nor Sub,vision hear at s~d time ~d place all N~ 450 of L.~ Olover, south persons or r~r~cnmti~ desir- ~ 0f ~{on R~, Cut- ins to be heard in each of the ch0{ue; County ~x Map ab~ h~Hngs. Written com- ~ 1~, ~tinn 8], Block meats ~y also be sub~tted 3, ~t of ~t 4.4, cont~ning pHor to the conclusion of the 4,~, h~ring in question. For more ,~.j~p~. Ap~ No. 3477- information, please call WILLIAM AND 765-1~9 (alt. 1802). ~~ V~ Dat~: Ap~l 16, 1986. tO ~e ~ Or&u~ ~i- BY ORDER O~ THE ck~ll~ ~inn I~31, Bulk SOUTHOLD~WN ~m for appm~ of insuf- BOARD OF ~PEALS ~mt ~, ~dth ~d depth of GERARD P. ~EHRINGER, t~ ~h in this p~sed CHAIRM~ di~sion 1~ alo~ the no~h side of M~n ~ad, OrienL NY; c ~v ~ Map ~els ~o.. ~-2-5 and 6. NOTICE I~ HEREBY Glv.~., L pursuant to Sc~tion 287of tho' Town Law and the Code ?of the Town of Southuld, the following public hearings will be held by L the sOUTHOLD TOWN BOARD OF APPEAJ~. at the Southold Town Hall, Main R°ad, Southold, NY at a Regular Meet- commencing at 7:30 pm. on and satsi .* S, ndto ppered. of* ;and 7:55 p.m Appel ~ &~'~i: (b) Section 100-60(CX2Xb)(4) for JOSEPH *AND-.' ANN:,.' permission to pines wall sign PACELLL Variance/o the Zon- with pr~ection of more than one ing Ordinanes, Article IH, Sec- tion 100-31, Bnik Schedule, for approval of insufficient aesa, depth and width of thres parcels' referred to as Lote No. 1, 9 and 10, Map of Baysid~ Terraes, Southold, NY; Lot No. 1 locatod along the south aid~ of North Bayview Eoad, and Lots no. 9 and no. 10 located along the east side of Summer Lane; County Ta~. Map District 1000, Section 78~ Block 9, Lots 1 and 16. 7:40 p.m. Appeal No. 3492- JOYCE TESE. Varianes to the Zoning Ordinaries, Article Ill, Section 100-32C, for permission to locate accessory these.car gar- age in frontyard area, at 800 Jackson Street, New Suffolk,. NY; County Tax Map District 1000, Section 117, Block 10, Lot 5. 7:45 p.m. Appeal No. 3498 - GREENPORT N.Y, CONGRE- GATION OF JEHOVAH WIT- NESSES. Special ]~xesption to the Zoning Oedinanes, Article III, Section 100-30(B)(2) for per, foot, at 42155 Main Road (a/Ma 20 Pocanic Lan~), Peoonic, NY; County Tax Map District 1000, l~ction 75, Block 1, Lot 14. 8:25 p.m. Appeal No. 3491 - DONALD J. GRIM. Special Ex- esption of the Zoning Ordinance, Article IX, Section 100-90 for permis~on to constntct storage building and establish outside stockpiling of material uses in this 'C-l" Heavy Industrial Zon- ing District. Location of Prop- erty: Lot No. 2, (Pending) Minor Subdivision No. 450 of L.B. Glover, south side of Oregon Road, Cutehogue; County Tax Map District 1000, Section 83, Block 3, Par[ of Lot 4.4, contain- ing 4.59 acres. 8:30 p.m. Appeal No. 3477 - KATHERINE AND WILLIAM HEINS, Variance to the Zoning Ordinance, Article III, Section ~ 100-31, Bulk Schedule for ap- proval of insufficient area, width and depth of two parcels in this propesod division located along the north side of Main Road, STATE OF NEWYORK ) ) SS: COUNTY OF SUFFOLK ) Heather Cusack ofGreenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk end State of New York, and that the Notice of which the annexed ia a printed copy, has been regularly published in said Newspaper once each week for one weeks successively, commencing on the 15 dayof May 19 86 Principal Clerk mission to construct addition wad establish same for religioas, li- brary use, at 1345 Iv. dian Neck Lane (a/Ma 50 Spring Lane), Peconic, NY; County Tax Map District 1000, Section 86, Block 5, Lot 1. 7:50 p.m. Appeal No. 3504 - GREENPORT HOUSING AL- LIANCE. Varianes to the Zon- ing Ordinaries, Article HI, Sec- tion 100-31 for permission to lo- .p.~esis No. 1000-19-2-5 and 6. / 8:45 p.m. Appeal No. 3501 NORTH FORK WELDINO! SCHOENSTEIN. Variances to the Zoning Ordinanes, Articles: (a) XI Sect/on 100-119.2(B) for permission to locate new .build- lng within the required 75 set- back from wetland~ area, ih) VI, Section 100-60 for permission to expand nonconforming use of welding business in this "B' Light" Business Zoning District located along the south side of Main Road, (S.E, 25), Gresnpert, NY; County Tax Map Parcels No. 1000-53-2-12, 13 and 15; Lots 172, 173, 174, Peconic Bay tates Map No. 658, and Map No. cate new single-family dwelling' with insufficient total sideyards and insufficient northerly sideyard at 1300 Seventh Street, Greenpert, NY; Map of Green- port Driving Park, Lot No. 361~; County Tax Map District 1000, Section 48, Block 3, LOt 16. 7:55 p.m. Appeal No. 3500 - NORMAN REICH. Variance to the Zoning Ordinaries, Article III, Section 100-31, Bulk Schedule for permission to coo- struct deck addition with insuffi- cient rearyard setback at 655 Cedar Drive, East Marion, NY; County Tax Map District 1000, Section 22, Block 2, Lot 41. 8:00 p.m. Appeal No. 3483 - PHILIP AND ELL~.N BEL- LOMO. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate. accessory garage/storage build- ing in frontyard area at 7455 Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 59, Block 6, Lot 8. 8:05 p.m, Appeal No. 3065 . JOHN M. KERBS. Varianes to the Zoning Ordinanes, Article III, Section 100-31, Bulk Schedule, for approval of iusuffQ cient area of three parcels in this. proposed four-let minor oubdi~- sion located along the sout~ ~ido of Middle Road {~.R. 48) South- old, NY; C~unt~: trier 1000, Section g~, Bloak ~' Iota. 8:10 p.m; ARMANDO J. CAPPA/PORT OF EGYPT ENTERPRISEK~ annes, Acti~ II, ~tion 100- 118.2(Bl for permt~lon to lesato attached deck and ~afoed hold- ing tanks within 75' of high water and bulkhead, at 62140 Main Road, Southold, NY; County Tax Map Parcel No. 1000.56-6-2; Lowie l~me~., Filed M~p ,*w. ~O5, Lots l-9 im lu- Orient, NY; County Tax Map Sworn to befor..e me this ~ d.y o, In ,aa MARY K. DEGNAN /~..~X~// -/ ~ Suffolk County NO. 4849860~, ;, ~ / / Te.~ [~pires Februant~/19ffJ / 1124 as Amended. ~ 8:50 p.m. Appeal No. 3471 - NICHOLAS TSIRKAS (Reces- seal from May 1, 1986). 8:50 p.m. Appeal No. 3509 - HOWARD AND JANET MALONE. Varianess to the Zoning Ordinance, Article: (a) III, Section 100-31, Bulk Schedule, for permission to con- struct addition with an insuffi- cient eideyard setback, and (b) XI, Section 100-119.2(B) for per- mission to locate addition within 75' of ordinary highwater mark and bulkhead, at 250 Blue Mar- lin Drive, Greenpor t, NY; South- old Shores Map No. 3853, Lot No. 3 County Tax Map Parcel No. 1000-56-07-21. 8:55 p.m. Appeal No. 3497 - MARJORIE D. PETRAS. Variance to the Zoning Ordi- naries, Article IIl, Section 100-31 for permiasion to construct addi-~ tion in excess of maximum-per- ~ mitred 20 percent lot covers8e re-i . quirement, at 700 Koke Drive, Seuthold, NY; County Tax Map Parcel No. 1000-87-54)06. 9:05 p.m.. Appeal No. 3507. NICK THEOPHILOS. Vari- anes to the Zoni~-8 Ordinanes, Article II, S~don 100*l19.2fA) far permi~sian to loeste swim- ming pool with deck and fencer encl~ure within 100' of bluff area along Long Island Sound at ) 2200 Sound Drive, Greenport,~ NY; Lot No. 118, Map of Eastern, S~ Section 4, County Tax; ~! No. 1000-$3-1 16. a. Appeal No. 345~ · .., ..... I1OAD ~ Southoid Town of Appeals MAIN ROAD-STATE ROAD ~S SOUTHOLD. L.h, N.Y. 11g'71 TELEPHONE (516) 765-180S APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT Jo DOUGLASS JOSEPH H. SAWICKI TO WHOM IT MAY:CONCERN: Concerning your rec~nt application filed with our office, please find enclosed a copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, the Suffolk Times and the L.I. Traveler-Watchman indicating the date and time of your public hearing. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the public hear- ing and in order to prevent any delay in the processing of your application. If you have any questions, or if you would like to review your file prior to the hearing, please do not hesitate to either stop by our office at the Southold Town Hall, or by calling our secretary, Linda Kowalski, at 765-1809 (or, if no answer, 765-1802). Yours very truly, Ik Enclosure GERARD P. GOEHRINGER CHAIRMAN 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 public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, MAY 22, 1986 and as follows: 7:35 p.m. Appeal No. 339g - JOSEPH AND ANN PACELLI. Variance to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule, for approval of insufficient area, depth and width of three parcels referred to as Lots #l, 9 and 10, Map of Bayside Terrace, Southold, NY; Lot #1 located along the south side of North Bay.view Road, and Lots #9 and #10 located along the easthside of Summer Lane; County Tax Map District 1000, Section 78, Block. 9, Lots 1 and 16. 7:40 p.m. Appeal No. 3492 JOYCE TESE. Variance to the Zoning Ordinance, Article III, Section 100-32C, for permission to locate accessory three-car garage in frontyard area, at 800 Jackson Street, New Suffolk, NY; County Tax Map District 1000, Section ll7, Block 10, Lot 5. 7:45 p.m. Appeal No. 3498 - GREENPORT N.Y. CONGREGATION OF JEHOVAH WITNESSES. Special Exception to the Zoning Ordinance, Article III, Section 100-30{B)[2] for permission to constr~ct addition and establish same for religious, library use, at 1345 Indian Neck Lane (a/k/a 50 Spring Lane}, Peconic, NY; County Tax Map District 1000, Section 86, Block 5, Lot 1. 7:50 p.m. Appeal No. 3504 GREENPORT HOUSING ALLIANCE. Variance to the Zoning Ordinance, Article III, Section lO0-31 for permission to locate new single-family dwelling with insufficient total sideyards and insufficient northerly sideyard at 1300 Seventh Street, Greenport, NY; Map of Greenport Driving Park, Lot #369; County Tax Map District lO00, Section 48, Block 3, Lot 16. 7:55 p.m. Appeal No. 3500 - NORMAN REICH. Variance to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule for permission to construct deck addition with insufficient rearyard setback at 655 Cedar Drive, East Marion, NY; County Tax Map District 1000, Section 22, Block 2, Lot 41. Page 2 - Notice of Hearings Southold Town Board of Appeals 'Regular Meeting of May 22, 1986 8:00 p.m. Appeal No. 3483 PHILIP AND ELLEN'BELLOMO. Variance to the Zoning Ordinance, Articl.e III, Section 100-32 for permission to locate accessory garage/storage building in frontyard area at 7455 Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 59, Block 6, Lot 8. 8:05 p.m. Appeal No. 3065 JOHN M. KERBS. Variance to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule, for approval of insufficient area of three parcels in this proposed four-lot minor subdivision located along the south side of Middle Road (C.R. 48), Southold, NY; County Tax Map District 1000, Section 55, Block 3, Lot 3. 8:15 p.m. Appeal No. April 3, 1986). 8:20 p.m. Appeal No. 3418 - GRETCHEN HEIGL (Recessed from 3493 WELLS PONTIAC-CADILLAC. Variances to the Zoning Ordinance, Article VI: (a) Section lO0-60{C)[2](a) for permission to erect ground sign exceeding maximum 6'6" height requirement, and exceeding height requirement of 15'6" from ground to upper edge of sign; and (b) Section 100-60{C)[2](b}[4] for permission to place wall sign with projection of more than one foot, at 42155 Main Road (a/k/a 20 Peconic Lane), Peconic, NY; County Tax Map District l'O00, Section 75, Block l, Lot 14. 8:25 p.m. Appeal No. 3491 DONALD J. GRIM. Special Exception of the Zoning Ordinance, Article IX, Section 100-90 for permission to construct storage building and establish outside stockpiling of material uses in this "C-l" Heavy Industrial Zoning District. Location of Property: Lot #2, (Pending) Minor Subdivision #450 of L.B. Glover, south side of Oregon Road, Cutchogue; County Tax Map District 1000, Section 83, Block 3, Part of Lot 4.4, containing 4.59 acres. 8:30 p.m. Appeal No. 3477 - KATHERINE AND WILLIAM HEINS. Variance to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule for approval of insufficient area, width and depth of two parcels in this proposed division located along the north side of Main Road, Orient, NY; County Tax Map Parcels No. 1000-19-2-5 and 6. ~/~ 8:45 p.m. Appeal No. 3501 - NORTH FORK WELDING/SCHOENSTEIN. ~ ~< Variances to the Zoning Ordinance, Articles: (a) XI, Section Page 3 - Notice of Hearings Southold Town Board of~Appeals Regular Meeting of May 22, 1986 equired 75' setback from wetlands ~rea, (b) VI, Section 100-60 < or p~rmissio~ to expand no~conforml?g use of welding business in ~ his 'B-Light Business Zoning District located along the south ~ ide of Ma~n R%ad, (S.R.~25), Greenport, NY; County Tax Map Parcels j o. 1000-53-2-12, 13 and 15; Lots 172, 173, i-74, Peconic Bay ~ states Map #658, and Map #1124 as Amended. 8:50 p.m. Appeal No. 3471 - NICHOLAS TSIRKAS (Recessed from May l. 1986). 8:55 pl.m. Appeal No. 3497 - MARJORIE D. PETRAS. Variance to the Zoning Ordinance, Article III, Section lO0-31 for permission to construct addition in excess of maximum-permitted 20% lot coverage requirement, at 700 Koke Drive, Southold, NY; County Tax Map Parcel No. 1000-87-5-006. 9:05 p.m. Appeal No. 3507 NICK THEOPHILOS. VaKiance to the Zoning Ordinance, Article XI, Section lO0-119.2(A) for permission to locate swimmingpool with deck and fence enclosure within lO0' of bluff area along Long Island Sound, at 2200 Sound Drive, Greenport, NY; Lot #118, Map of Eastern Shores, Section 4; County Tax Map Parcel No. 1000-33-1-16. 9:10 p.m. Appeal No. 3458 - NORTH ROAD ASSOCIATES. Variance to the Zoning Ordinance, Article III, Section lO0-31 ~or Article XIII, Section 100-136(E)] for approval of three parcels having insufficient area, and proposed Parcel #3 having insufficient depth, located o~ private right-of-way off the north side of Main Road (S.R. 25), Orient, NY; County Tax Map Parcel No. 1000- 018-4-1 (1.1). The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above hearings. Written comments may also be submitted prior to the conclusion of the hearing in question. For more information, please call 765-1809 (alt. 1802). Dated: April 16, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN - - X ATTENTION NEWSPAPERS: Please publish Thursday, May 15, 1986 and forward two affidavits of publication on or before May lgth to: Board of Appeals, Main Road, Southold, NY l1971. lk 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 public hearings will be held in addition to those previously advertised by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting on THURSDAY, MAY 22, 1986: 8:10 p.m. Appeal No. 3506 ARMANDO J. CAPPA/PORT OF EGYPT ENTERPRISES. Variance to the Zoning Ordinance, Article XI, Section lO0-1)g.2(B) for permission to locate attached deck and seafood holding tanks within 75' of high water and bulkhead, at 62140 Main Road, Southold, NY; County Tax Map Parcel No. 1000-56-6-2; Lewis Homes Co., Inc.. Filed Map #535, Lots 1-9 inclusive. 8:50 p.m. Appeal No. 3509 HOWARD AND JANET MALONE. Variances to the Zoning Ordinance, Article: (a) III, Section lO0-31, Bulk Schedule, for permission to construct addition with an insufficient sideyard setback, and (b) XI, Section lO0-119.2(B) for permission to locate addition within 75' of ordinary highwater mark and bulkhead, at 250 Blue Marlin Drive, Greenport, NY; Southold Shores Map #3853, Lot #3; County Tax Map Parcel No. 1000-56-07-21. Dated: April 16, 1986. GERARD P. GOEHRINGER, CHAIRMAN (516) 765-1809 ATTENTION NEWSPAPERS: Please publish Thursday_j_May 15th and forward two affidavits o.f publication on or before May lgth to: Board of Appeals, Main Road, Southold, NY; {516) 765-1809. Southo!d Town Board of Appeals MAIN ROAD ~TAT£ ROAD ~5 SOUTHOLD, I..I., N.Y. 11c~71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J, DOUGLASS JOSEPH H. SAWICKI Copies of the Notice of Hearings for May 22, 1986 to the following by mail on or about May 13, 1986: Hand Delivered to: Suffolk Times, Inc. L.I. Traveler-Watchman Mr. and Mrs. Joseph Pacelli, 1090 Cedar Drive, Southold, NY llg71 Mr. Donald A. Denis, A.I.A., P.C., Box 565, Aquebogue, NY as agent for MRS. JOYCE TESE Mr. Leo D. Russell, Greenport NY Congregation of Jehovah's Witnesses, Indian Neck Lane, Peconic, NY 11958 Greenport Housin9 Alliance, 18 South Street, Greenport, NY 11944 Mr. and Mrs. Norman Reich, Box 13, Main Road, Orient, NY 11957 Mrs. Noel P. Birkby, Architect, as agent for MR. & MRS. PHILIP BELLOMO 155 West 19th Street, New York, NY lOOll Mr. John M.' Kerbs, Middle Road, Southold, NY llg71 Michael J. Hall, Esq., Youngs Avenue, Southold for GRETCHEN HEIGL North Shore Neon Sign Co., 698 L.I. Ave, Deer Park, NY 11729 as agent for WELLS PONTIAC-CADILLAC Wells Pontiac-Cadillac, Main Road,-~conic, NY 11958 Mr. D~naid J. Grim, 475 Jernick Lane, Southold, NY 11971 Anthony B. Tohill, Esq., 6 East Main St, Box 744, Riverhead, for MR. AND MRS. WILLIAM HEINS Mr. and Mrs. William Heins, Main Road, Orient, NY )1957 NY 11901 Peconic Associates, One Bootleg Alley, Greeni)ert, NY 11944 as agent, for NORTH FORK WELDING Rudolph H. Bruer, Esq., Attn: .irs. P. Moore, Main Road, Southold for MARJORIE D. PETRAS Copies of the Notice of Hearings (continued) for May 22, 1986 also to the following bY mail May 13, 1986: Mr. Arthur Siemerling, as agent for NICK THEOPHILOS, Box 108, Mattituck, NY 11952 Mr. John DeReeder, for NORTH ROAD Southold, NY 11971 Mr. Edward A. Linker, Ref: North 985 Soundview Drive, Orient, ASSOCIATES, 240 Wampum Way, Road Associates, opposing NY 11957 Mr. Armando J. Cappa, Main Road, Southold, NY 1'1971 Mr. and Mrs. Howard Malone, 250 Blue Marlin Drive, Greenport, NY Town Clerk Bulletin Board ZBA Bulletin Board (in office) ZBA Members ZBA Individual Files Building Department Planning Board Supervisor's_Office Town Board Members Town Trustees' Clerk JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 28, 1986 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3501 .application of North Fork Welding by Peconic Associates for a variance. Also included is Notice to Adjacent Property Owners; letter from N.Y.S. D.E.C.; letter from Southold Planning Board; survey; and site plan. ~~"' ~~ Judith T. Terry Southold Town Clerk .RECEIVED ~ FRO~ DECISION OF BUILDING INSPECTOR 3,501 DAT~ APRIL 3,&,1986 TO THE ZONING BOARD OF APPEALS, TOWN OF S(X/1%IOLD, N. Y. l, ...................... of .................. , ............ Name of Appellant Street and Nm~ber ...G.%.E..E..~..9.1%~.,...~.,....~[..~ ..................................................... N.~:Y...~.C).R~L ........ ~ ~ TO Municipality Sta~ THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING I~ ON APPLICATION FOR Pt-la, MIT NO .....................................DATED ...J..A...N..U..A...R..Y.....3..0..,....~..9.§.§. .............. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) NORTH FORK WELDIN.~ ......................... Name of Applicant for permit of 6800 MAIN ROAD GREENPORT; L. I., NEW YORK Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY , ' QUALIFICATIONS FOR CERTIFICATION 1. LOCATION OF THE PROPERTY ROUTE 25 1000 SECTION 53, BLOCK 2 12, 13, 15 Cu~Pe~t O~T SCNOENSTEIN Map No. Loc No. 2. PROVISION (S) OF THE ZONING ORDINANCE APgEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning .Ordinance by number. Do not quote the Ordimmee.) ARTICLE VIis SECTION 100-70 AND ARTICLE XI, SECTION 100-119.2 B 3. TYPE OF APPEAL Appeal is made herewith for ( X ) A VAR ANCE ~to the Z~oning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chop; 62 Coral Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~ (hos not) been made with respect to ~ dm:ision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was mode in Appeal No ................................. Dated ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested f~ tl~e~ reaso~ that 1. PREMISE~IS ZONED "B" LIGHT BUSINESS AND PRESENT US~ IS NOT PERMITTED FOR THIS ZONE, BUT WAS APPROVED UNDER A USE VARIANCE DRANTED UNDER APPEAL # 2541, DATED 5/3/79 FOR LIMITED USE. ~. p~oPOSED NEW BUILDING LOCATED WITHIN 75' OF WET LANDS. (Continue on ~her side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficultte~;~ul~.~,,,' sory HARDSHIP becaus~ OF INCREASED BUSINESS, INCLUDING WORK FOR THE TOWN OF SOUTHOLD AND LOCAL FISHING ENTERPRISES, IT IS OF PRACTICAL NECESSIT' TO LOCATE WORK, EQUIPMENT, AND MATERIALS UNDER COVER AND PROVIDE PROTECTION FROM THE ELEMENTS. 2. The hardshipcreatedis UNIQUE andisnotsha~d by all prope~ies ali~ in the immedia~ vicinity of this property and in this u~ district because THIS IS THE ONLY BUSINESS OF THIS TYPE IN THE VICINITY, AND SUPPORTS THE BUSINESSES OF THE LOCAL COMMUNITY, INCLUDING THE TOWN OF SOUTHOLD AND THE FISHING INDUSTRY. 3. The Variance would o~erve the ~irit of the O~inance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT becau~ IT IS THE SAME TYPE OF BUSINESS CARRIED OUT ON THIS SITE SINCE 1978. THE CHARACTER OF THE DISTRICT WOULD IMPROVE FROM THE HOUSING INSIDE OF STEEL AND RELATED MATERIALS, THE LANDSCAPING, AND SCREEN PLANTING. STATE OF NEW YORK ) '"'~';'~ COUNTY Of,~'~//E.~ ss ....................... Sworn to this ................... ...... ~R ~UG~ y~V BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter or' the Petition of to the Board of Appeals of the Town ~f Seuthold TO: NOTICE TO ADJACENT PROPERTY O97NER YOU ARE HEREBY GIVEN NOTICE: 1. Thee intention of the undersigned to petition the Board of Appeals of the Town of Southold request a~(Special Exception) (Special Permit) (Other) [circle 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: WELDING SHOP 3. That the property which is the subject of such Petition is located in the following zoning district: B - 4. ThatbysuchPetition, theundersignedwillrequestthefollowingrelief: APPROVAL TO ERECT A 4~500 SQ. FT. BUILDING TO HOUSE EQUIPMENT AND MATERIALS~ AND APPROVAL TO ERECT SAME WITHIN 75 FEET OF A WETLANDS AREA. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- slgnedare Article VII & XI Sect/c~ 100-20 AND 100-119.2 [ ] 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 ma), then and there examine the same during regular office hours. (516) 765-1809. ~ 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: APRIL 24, 1986 PECONIC ASSOCIATES, INC. Petitioner Owners'Names:JOSEPH SCHOENSTEIN Post Office Address ONE BOOTLEG ALLEY - P. O. BOX 672 GREENPORT, NEW YORK - 11944 (Tel. 516-477-0030 ) p 383 PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS 535 06 ~ER SCHONEWALD BOX 23-A ROUTE 1 M&TTITUCK, NEW YORK - 11952 23-15 31ST AVENUE ASTORIA, NEW YORK - 11106 CENTER DRIVE RIVERHEAD, NEW YORK - 11944 MAIN ROAD GREENPORT, NEW YORK - 11944 40 PROSPECT PARK WEST BROOKLYN, NEW YORK - 11212 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.; MERLON E. WIGGIN , residing at PECONIC ASSOCIATES, INC. GREENPORT, NEW YORK ,beinsdulysworn, deposes and says that on the 24 day of APRIL ,19 86 , 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 Southotd; that said Notices were mailed at the United States Post Of- ficeatGREENPORT, NEW YORK (certified) (registered) mail. Sworn to be, fore .me this I~ary Pubiic / - ~LIC, State ~di~in ~ffolk C~ CI~. No. 52.6~85 ; that said Notices were mailed to each of said persons by (This side does not have to be completed on form transmitted to adjoining property owners.) TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 TEL. 765-1802 January 30,1986 Planning Board Town of Southold Main Road Southold, N.Y. 11971 Subject: North Fork Welding--Site plan dated 11/4/85 Gentlemen: This site plan does not qualify for certification for the following reasons: 1.) Premises is zoned 'B' Light Business. The present use is not permitted for this zone but was approved under a use variance granted under Appeal %2541, dated 5/3/79 for limited use. ~9 proposed b~ildinq expands on this u~ ~herefore ~ppl~cant must return to the Board of Appeals. 2.) A zoning violation exists in that the garage on the east- erly side of premeise was converted to an antique shop with out a building permit or certificate of occupancy, or any prior approvals from any other department within the Town of Southold. 3.) The Southold Town Conservation Advisory Council, by letter dated January 28,1986, states that premises is adjacent to a wetlands area. The proposed new building is located within the required 75'-0" set back from wetlends. A Var- iance will be required under Art XI Sec 100-119.2B. Site plan development should include the antique shop and comply with regulations Art VI Sec.100-62 for Shopping Centers. This applies when there are buildings that contain a separate busi- ness. Edward Hindermann EH:dsm Building Inspector xc: Zoning Board of Appeals January 30, 1986 Mr. Merlon Wiggin President Peconic Associates, Bootleg Alley Greenport, NY 11944 Re: North Fork Welding Site Plan Dear Mr. Wiggin: Enclosed is a copy of correspondence received from the Building Department regarding the above mentioned site plan and certification. As you can see, the plan does not qualify for certification for three reasons. We suggest you contact the Building Department regarding the procedure for obtaining a certified site plan. Once the plan meets certification, we will schedule the proposal on the next available agenda. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRwOmAN SOUTHOLD TOWN PLANNING BOARD By Diane M.Schultze, Secretary enc. cc: Building Department mission of ~is form, anr~ an environmerdma! reviuw will made by thi~oard before any action igaken, ~[{O~T ~NVIPO'~4EUT~L ASa: .... E.I~ ~P24 '" '; (al In order to ~nswer the que~tionn in thl~ ~hOrt gAP 1~ 1~ angled tha~ prerarer will use current[~ available ~o~ticn conce~ln~ :he ~roJec~ and I. tlvlrollllldllCul (~u3] icy I{(:VlUW ~c~ r¢(lUlrc.~'~ sub- b e ,-.. ,..,)'~ ., ,. (b) 2~ any que~:lon ha~ been answered ,"?,, .,..cc~p!eted ~nvlrc~enta~ A~me~un~ ro~ i~ nece~:ar/. ' :'"'~"',~ .... que~:~Onm have been an~uered :. ':~: . ~ ~.u ~... ,. 1, W~i proJec: ro~t In · large phy~len~ ' ,',, '" ', :',,,' to the pro,act st~o or physically alter mor~. :~...,H, ..~,,, , ..... : 2. ~[1 there be a m Jar chan&e to any ~lque or unusual lana ~o~ [o~d on the alte?. , . W~ll proJec: alter or h~ve a large effect on 1.. WLZ1 project have e potentially large Lmpacb ~o.~dwater quality? , , , . . , . , , , ~. W~I project sl~iflc~ntly'ef~ect dr~ina&e 6. Will project affect any t~eatened or endangered 7. '~1 project re~t Ina m~Jor adverse effect W~i project have a ~mJor effect on visual c~ 9. Will project adver=ely ~pact any alto or crc of historic, pre-n~torlc, or palbontologlcul Importance or any ~lto floe~atod ae a critical lO. W~I project have a mm Jot effect on ox~ot~g 12. Will project regularl7 cauae objectionable 'Will project nave any Impact on public health or 1L. Will project gffec: :he exl0Clng co,unity by ~: rP ES~:;T I:;S: NOkTlt Te e., ,X 'ItO ' '"';" ' Tea .X' Iio ... ., Yea . x ' ~0 Ye e X l,lo Yea X ¥es X KO ..,.,-.... Yes X No . ,.: : TITLr:PR, ESIDENT, PECONIC":~Ssoc, FORK WELL~/N~G DA,f_.: APRIL 24, 1986 '.".' 6PRIL 24~ 1986 (Today's Data) To: Southo!d Town Board of Appeals " Main Road Sou=hold, [IY 11971 Appeal Application of NORTH FORK WELDING {PECONIC ASSOCI'ATE~) Location of Property: 6___--~Ob MAIN ROAD GREENPORT, NEW YORK Dear Sirs: In ref(:rence to the New York State Tidal Wetlands LaIId-UsQ Reguiations, 6 [IYC.RR, Part 661, and Article 25 of the l'le:.; YOrk State. Environmental Conservation La%.;, please be advised tha~ ~h~ subjec~ property i.n the wi."hin appeal application: (pleas,_' [ ] [ ] check c~ne box) H,W be located within 300 feet of tidal wetland.-.; however, con.~truc~cd alon~ the water-lyinq edge o£ this property is a bulkhead in very good condition and at least 100 fee~ in ~la,y be located ~vithin 300 feet of tidal ho,..~ever, constructed along the wet!ant:s; water-lying edge of this proper~y is a bulkhead in need of (minor) (major) reoairs, and as~roximately length. ' '' fee~ in ~ay be located within 300 feat of tidal wetlands; however, constructed al'ong the %{Star-lYing edge of this property is a bulkhead less than 100 fee~ ill length. -[ ] not appear to May be located :'~ithin 300 feet of tlda'i wetland:; and there is no bulkhead or concrete wall 'on the prcmines. Is not located within 300 fact of tidal wetlands to the best of my knowledge.* [!~tarred items (*) indicate your property does fall within'the jurisdiction of tho N.¥.$. Sincerely yours, HOTE: If proposed project falls wi£gkin D.E.C. jurisdiction, approval must be received an.d submit~6d to our office before your application can be scheduled fo£ a public hearing. '.' '. ,..'~TE: D.~.C. APPI. ICATION SUBMITTED. D.Z.C.l May 22, 1986 Notice of disclaimer to anyone interested in this file: Please be advised that Celic Realtors is currently holding my Real Estate License. At the time of filing this application and the p~riod of time that it takes to hold a public hearing and reach a decision, I have no interest in this application. I further state, that I have -no- knowledge of an existing active listing with the above Real Estate office. This statement is signed with the complete understanding of the information stated above ..... Gerard P. Goehringer TO WHOM IT MAY CONCERN: I wish to disclose the following statement in the event the property in question should be pending a rea~ estate activity with Celic Estate Agents, Inc., who holds my conditional salesperson's license: I have no interest whatsoever in the sale of this property and am not a part of any other pending real estate activity of a business or professional nature which might be a conflict with my secretarial duties as Stenographer/Secretary of the Board of Appeals of the Town of Southold. Linda Kowalski S FOP.. ZC.,qO..ri AlS T~ I~/ TO GREENPORT ./ 4 LOT 190 402. / 40/,, '~ . ,- , LAWP-..£NCE LAN[ _'>-.. .~' ; ' ' . "~ .:. ,, ,k 3%; 2~ /~;", ,¢' I '~'-' STOP. AGE -'% ............ ~' ........ x, - ~ / --.._.__% ,. 0 ~,...,,-,,,~- ,,. ,. ¢ LOT 1~4 LOT 185 LOT 1~2, NOP._Tbt FORK WF_.LDING, NC,. Scats.: I": ZO' LOT 16l C. KEY MAP SECTION A-,-/'--,,' OF 5WALE /