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MAIN ROAD- STATE ROAD 25 SDUTHOLD. L.I., N.Y. 119'71
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ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3100
Application Dated March 18, 1983
TO: Philip J. Cardinale, Esq.
Mr. Roger L. Munz
Mr. Victor Catalano
(Public Hearing held 4/20/83.)
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on MAY 27r 1983
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[X] Request for Variance to the Zoning Ordinance
Article VII , Section 100-70 and 100-71
[ ] Request for
The public hearing on this application was held on April 20, 1983.
Application for ROGER L. MUNZ and VICTOR CATALANO by Philip J.
Cardinale, Esq., Main Road, Drawer W, Jamesport, NY for a Variance to
the Zoning Ordinance, Article VII, Sections 100-70 and 100-71, and
Article VIII, Sections 100-80 and 100-81 for permission to establish
retail sales of boats on this 17,913 square foot parcel, in a B-1 Zone.
Location of Parcel: 13175 Main Road, Mattituck, NY; County Tax Map
Parcel No. 1000-140-03-038.
By this appeal, appellants seek a variance for permission to
establish retail sales of boats in this "B-1 General Business"
District. Article VIII, Section 100-80(B) of the zoning code permits
such a use in a "C-Industrial" District after receiving both site
plan approval from the Planning Board and Special Exception approval
by this board. In an application filed simultaneously herewith,
appellants have requested a Special Exception from Article VIII,
Section 100-80, and appellants have also received conditional site
plan approval from the Southold Town Planning Board dated May 16,
1983.
Existing on the premises is a 50' by 40' garage structure which
has for many years been used for automobile repairs. This structure
is situated approximately 60 feet from the Main (S.R. 25) Road
property line, 93 feet from the rear property line to the nortb,
10' from the westerly sideyard area and 18' from the easterly
sideyard area. Appellants are proposing a 24' by 50' outside
display area directly in front of the existing 50' by 40' proposed
showroom/sales area, and the off-street parking will be provided in
an area within 58' of the Main Road property line. Also proposed
is a 6' by 45' planting area. The total lot area is 17,913 sq. ft.
In considering this appeal, the board determines: (1) that
the use applied for will not alter the essential character of the
neighborhood; (2) that the use will not prevent the orderly and
reasonable use of adj'~acent properties or of properties in adjacent
use districts; (3) that the use will not prevent the orderly and
reasonable use of permitted or legally established uses in the
district wherein the proposed use is to be located, or of permitted
or legally established uses in adjacent use districts; (4) that
the safety, health, welfare, comfort, convenience or order of the
town will not be adversely affected by the proposed use and its
DATED: June 6, 1983. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Form ZB4 (rev. 12/81)
Appeal No. 3100 - Variance
Matter of ROGER L. MUNZ and VICTOR CATALANO
Decision Rendered May 27, 1983
location and (5) that the use will be in harmony with and promote
the general purposes and intent of this chapter.
On motion by Mr. Goehringer, seconded by Mr. Douglass, it was
RESOLVED, that Appeal No. 3100, application by ROGER L. MUNZ
and VICTOR CATALANO FOR A VARIANCE to establish retail boat sales
boat sales in this B-1 Zone, BE AND HEREBY IS APPROVED SUBJECT
TO THE FOLLOWING CONDITIONS:
1. No storage of boats shall be permitted in the front parking
or ingress/egress vehicle areas;
2. No repairs or finishing of fiberglass is permitted outside
of the building;
3. The designated parking areas shall remain open and unob-
structed at all times from storage of any materials;
4. The 6' by 45' planting area as indicated on the site plan
shall always be maintained;
5. No vehicles shall be permitted to be backed out onto the
State Highway;
6. The westerly 10' egress and the easterly 18' egress along
both sides of the building and extending up to the State Highway
shall remain totally unobstructed at all times for access by emer-
gency and other vehicles;
7. That the agreement between the apppellants and James and
Deborah Navas (or subsequent owners) permitting accessibility over
the proposed easement area (as shown on the 1/12/51 sketched-in survey)
shall be in effect at the time this variance is effectuated, except
that no storage of boats will be permitted in the front parking area
at any time;
8. Compliance with the Southold Town Planning Board conditions
dated May 16, 1983.
Location of Property: 13175 Main (State Road 25) Road, Matti-
tuck, NY; County Tax Map Parcel No. 1000-140-03-038.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sawicki. (Member Grigonis was absent.) This resolution was
unanimously adopted.
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'Board of Appeals