HomeMy WebLinkAbout3972~ t_~iE I V E D
AUG g 7 1990 Tow. OF SOU?HOLD, NEW' YORK
APPE~.0UFtI~O0~ f0E~l~S~j)el~[kOF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
Nome of Appellant Street and Number
.................. M..,A,t.t..~.t..g.g.k.. ...................................................... ~.~.W...~.g..~..k, ........ HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ......................................................
PLANNING BOARD
WHEREBY THE ~g~L~q~q<~::l~l~K:A'~ DENIED TO
( )
( )
(x)
Nome of Applicant for permit
of
..... ~..o..v..e....A.a.p..e. ................... ~.,a.t..t.~.t.M~..k. ................... ~..q~...×.o..~],% .......................
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
Subdivision Approval
1. LOCATION OF THE PROPERTY ....... ~.q~.n....~.o.A.c!.,...~..~.~.9..h..9.c~..~., ....................... ~:..~.g ............
Street /Hamlet / Use District on Zoning Map
District 1000 Sectionl09Blockl Lot 23 ~ .
.................................................................................. ~.urren[ Owner Petrol Stations Ltd.
Mop No. Lot No. Prior Owner
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article vii Section 100-72 .~ .........
3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
(x) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
()
4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for o special permit
( ) request for a variance
and was made in Appea! No ................................. Dated ......................................................................
( )
~x)
( )
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
isrequested forthe reosonthat Lot 4 as depicted on the annexed proposed minor
subdivision is of insufficient area. However, said Lot 4 is shown
as required by the Southold Town Planning Board.
Fon~ ZBl
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce pmcticaldifficulti~0runn~es-
sory HARDSHIP because the Southold Town Planning Board will not approve a
subdivision of the property unless the rear lot line of Lot 4 coincides
with the Zoning District Line between the RO Zone and the R40 Zone.
As a result, Lot 4 is undersized in area.
2. The hordshipcreatedis UNIQUEand isnotshared by all prope~ies alike in the immediate
vicinity of this pr~erty and in this use district because the subject property straddles
the Zoning District Line and is presently improved by a one story
frame house, a barn and a frame garage.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE,
CHARACTER OF THE DISTRICT because most of the lots in the neighborhood
which are contained in the RO Zone are of equal or smaller area.
STATE OF NEW YORK )
)
COUNTY OF SUFFOLK )
SS
o-r _
Sworn to this ...................... ! ....................... day of ..............Aug.us.t ........................... 19 90
otary Public ~,~
HARVEY A. ARNOFF
Town Attorney
MA'FI'HEW G. KIERNAN
Assistant Town Attorney
6
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
SCOTF L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
MEMORANDUM
TO:
FROM:
RE:
Gerard P. Goehringer,
Chairman of the Zoning Board of Appeals
Richard G. Ward,
Chairman of the Planning Board ~
Matthew G. Kiernan,
Assistant T. own Attorney
Petrol Stations ~
SCTM# 1000-109-1-23
As you recall, on July 8, 1993, we met with regard to the
above-referenced application. After discussing the matter, it was agreed that
the issue in dispute concerned the interpretation of § 100-71(B) of the Zoning
Code and, more specifically, whether each use permitted by that Section
required forty thousand (40,000) square feet of lot area.
The wording of the Town Code seems clear. The phrase "...
provided that not more than one (1) use shall be allowed for each forty
thousand (~,0,000) square feet of lot area: ..." is unambiguous. As a matter
of statutory construction, each principal use permitted by special exception
under this section shall require forty thousand (~,0,000) square feet of lot
area.
With regard to the above-referenced application, it would appear
that one hundred twenty thousand (120,000) square feet of lot area is
required for the three principal uses currently existing (i.e., architect's
office, residential use of a house and a real estate office).
I trust that the foregoing resolves the issue in dispute.
you require anything further from me, please let me know,
Should
cc: Harvey A. Arnoff, Town Attorney
~ To The Board of AFFeais, Town of oouthold:
We the undersigned do not want an area variance for Lot 4 which
does not contain the minimum lot area required. ~ax map No. 1000-
109-01-23. Owners' names: ~etrol Stations,Etd. at Cutchogue.
The purpose of zoning is to protect 9~ Town from being over
developed, to allow the minimum lot sizF requirment to be down
zoned will set a precendent for other developers.
To quote from Southold Town Code, Residential Office (RO) District.
"The purpose of the Residential Office o~
(,,~ District is to provide
a transition area between business areas and low-density residential
development along major roads which will provide opportunity for limited
nonresidential uses in essentially residential areas."
Address
To The Board of A~[eais, Town of oouthold:
We the undersigned do not want an area variance for Lot 4 which
does not contain the minimum lot area required. Tax map No. 1000-
109-O~-23. Owners' names: Petrol Stations, Ltd. at Cutchogue.
The purpose of zoning is to protect our Town from being over
developed, to allow the minimum lot size requirment to be down
zoned will set a precendent for other developers.
To quote from Southold Town Code, Residential Office (RO) District.
"The purpose of the Residential Office (RO) District is to provide
a transition area between business areas and low-density residential
development along major roads which will provide opportunity for limited
nonresidential uses in essentially residential areas."
Address
To The Board of A~[eais, Town of oouthold:
We the undersigned do not want an area variance for Lot ~ which
does not contain the minimum lot area required. Tax map No. 1OOO-
109-O1-23. Owners' names: Petrol Stations, Ltd. at Cutchogue.
The purpose of zoning is to protect our Town from being over
developed, to allow the minimum lot size requirment to be down
zoned will set a precendent for other developers.
To quote from Southold Town Code, Residential Office (RO) District.
"The purpose of the Residential Office (RO) District is to provide
a transition area between business areas and low-density residential
development along major roads which will provide opportunity for limited
nonresidential uses in essentially residential areas."
Name
Address
To The Board of A~yeais, Tc,~:n of oouthold:
We the undersigned do not want an area variance for Lot ~ which
does not contain the minimum lot area required. Tax map No. 1000-
109-0~-23. Owners' names: Petrol Stations, Ltd. at Cutchogue.
The purpose of zoning is to protect our Town from being over
developed, to allow the minimum lot size requirment to be down
zoned will set a precendent for other developers.
To quote from Southold Town Code, Residential Office {RO} District.
"The purpose of the Residential Office {RO} District is to provide
a transition area between business areas and iow-density residential
development along major roads which will provide opportunity for limited
nonresidential uses in essentially residential areas."
Name
Address
(,,¥ ~ [
ir Il
To The Board of Appeals,
Tov:n of oouthold:
We the undersigned do not want an area variance for Lot 4 which
does not contain the minimum lot area required. Tax map No. 1000-
109-O1-23. Owners' names: Petrol Stations, Ltd. at Cutchogue.
The purpose of zoning is to protect our Town from being over
developed, to allow she minimum lot size requirment to be down
zoned will set a precendent for other developers.
To quote from Southold Town Code, Residential Office (RO) District.
"The purpose of the Residential Office (RO) District is to provide
a transition area between business areas and low-density residential
development along major roads which will provide opportunity for limited
nonresidential uses in essentially residential areas."
Name
Address
ri
To The Boar~ of AD~eais, Town oi ooutnold:
We the undersigned do not want an area variance for Lot 4 which
does not contain the minimum lot area required. Tax map No. 1000-
109-01-23. Owners' names: Petrol Stations, Ltd. at Cutchogue.
The purpose of zoning is to protect our Town from being over
developed, to allow the minimum lot size requirment to be down
zoned will set a precendent for other developers.
To quote from $outhold Town Code, Residential Office (RO) District.
"The purpose of the Residential Office (RO) District is to provide
a transition area between business areas and low-density residential
development along major roads which will provide opportunity for limited
nonresidential uses in essentially residential areas."
Name
Address
/ / /
JUNEAI~N D. ZAE~ZEC~[
Notary Public, State ot New York
No. 4961037
0ualified in Suffolk County
My Commission Expires Jan. 8, 199~
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
Joseph H. Sawicki
James Dinizio, Jr.
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF $OUTHOLD
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
$outhold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
INTER-DEPARTMENTAL MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Planning Board
Board of Appeals
November 13, 1990
Planning Board/Zoning Board - Joint Discussion
As you know, we have been trying to schedule a discussion with
the Planning Board Chairman and Member(s), and the last
conference scheduled for October 17, 1990 was canceled by the
Planning Board without a new date.
One of the issues in essence concerns an application which was
referred to our office by you for a variance. This application
was heard on November 1, 1990 and has been recessed in order
that a joint discussion may be re-scheduled amongst board
member(s) from both~departmen~s.''Therefore, it is requested
that you confirm your availability for Thursday evening,
November 15, 1990 after 7:30 p.m.
Thank you.
lk
PLANNING BOARD MEMBERS
Bennett Orlowski, Jr., Chairman
George Ritchie Latham, Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
Telephone (516) 765-1938
e..~ j:L~, ~ ~ ..... j Supervisor
~ T~fi'l~fill, 53095 Main Roaa
P.O. Box 1179
Southold, New York 11971
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD Fax (516) 765-1823
TO:
Gerard P. Goehringer, Chairman
Zoning Board of Appeals
FROM:
RE:
Bennett Orlowski, Jr., Chairman~/~t
Petrol Stations Ltd.
SCTM# 1.000-109-1-23
Appl. No. 3972
DATE: October 5, 1990
The Planning Board has reviewed the above mentioned application
in reference to the area variance which is before your Board.
The proposed lot, which is located within the boundaries of the
Residential/Office (RO) District is 25,603 square feet in
area, excluding the right-of-way. The minimum lot size in a
RO District is 40,000 square feet in area. Thus, the proposed
lot is 14,397 square feet shy of the minimum requirements for
this zone.
The Planning Board has no objection to the granting of an area
variance for Lot Number 4 in the above mentioned subdivision.
This non-conforming lot was created by the arbitrary
Residential/Office District line.
It should be noted that the Planning Board will be requiring
that all lots have access from the proposed road.
Also, the map that was submitted to your office for purposes of
the area variance is different from that which was submitted to
the Planning Board office for the subdivision proposal. The
application before the Planning Board is for a three lot
subdivision. This revision, as with the other amendments which
were made to the map, will be reviewed by the Planning Board
during the subdivision review should the area variance be
granted by your Board.
APPEALS BOARD MEMBERS
Gerard R Goehringer, Chairman
Serge Doyeni Jr. -
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
INTER-DEPARTMENTAL MEMORANDUM
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
1~0. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
TO:
FROM:
DATE:
SUBJECT:
Richard G. Ward, PB Chairman
Jerry Goehringer, ZBA Chairman~~.~
June 8, 1993
Your Memorandum of June 4, 1993
PB Questions Pertaining to Petrol Stations
1000-109-1-23
Your memo of June 4, 1993 with attached copies (and copy of the
May 25, 1993 PB memo) concerning questions in the above-noted
project have been reviewed.
Submission of written questions which concern facts and history
of any pending project such as those asked by you in the
May 25th questionnaire is not the same as a request for a formal
interpretation. We will, however, try to provide some
assistance informally - although the questions you ask truly
should be answered by the applicant-property owner (or perhaps
predecessors in title), and building department, which had
authority to issue the (1986) pre-certificate of occupancy.
One of the questions you ask is when was the property converted
from a single residence to a dual use? The record before the
Planning Board shows a pre-certificate of occupancy for a
single-family use and accessory buildings issued by a building
inspector to Jane Marie Morris and Amy King in 1986. Legal
uses prior to the 1989 zoning code must either have had to be
permitted in that Zone District, or had to be legally
preexisting of the enactment of that zone (a/k/a nonconforming
use).
In the fourth paragraph of your May 25th questionnaire, you
mention a 1985 memorandum to our previous Town Attorney. This
memorandum was generalized, did not pertain to the new master
plan revisions now in effect, and did not involve a review of
any particular parcel.
/
/2- June 8,
~*r-Departmental ~orandum
Mr. Richard G. Ward, PB Chairman
Petrol Stations 1000-109-1-23 at Cutchogue
Also, the ZBA did not elucidate that a
real estate office was ever allowed as an accessory use. In
fact, our files show that a real estate office has never been
permitted as a principal use or accessory use in the "A" Zone
District under the prior zoning code regulations. (Please let
us know if you would like to see any of our files pertaining to
this.) Please note that the C.O. issued for a conversion of
seasonal antique store to architects office on January 11, 1993
is shown to be based on the entire 5.8 acre parcel as a single
unit. The pending subdivision application before you is for an
increase in use density and triggers an updated review under the
current zoning regulations.
With reference to the remaining paragraphs, there has been
no ruling by the Board of Appeals as inferred by your comments.
In fact, it is suggested that the owner follow the normal appeal
process for the new proposal (now before the Planning Board) by
submitting the maps to the Building Inspector for reviews -
particularly when the the front lot is proposed to be
substandard with less than 40,000 sq. ft. per principal use.)
If requested, the old appeal file could be amended (crediting
the $150.00 fee paid previously towards the new amendment.)
It appears that someone does not agree with the uses listed on
the Pre-C.O. of record. However, the difference in density
from 1986 {a single-family unit vs. three to five office or
residential uses on 5.836 acres, and particularly two to three
units on 40,000 sq. ft.} is a substantial increase. Isn't it
true that this proposal is for two or more uses on 40,000 sq.
ft. (the new lot size proposed).
In any event and at the very least, the new, converted architect
offices in the rear barn building is a second principal use
requiring 80,000 sq. ft. minimum {40,000 x 2 uses = 80,000 sq.
ft.}. You will also need to know whether or not the resident
of the apartment is the same individual as the business office.
Or are they are separate, non-incidental operations?
For your assistance, I am attaching a copy of a recent area
variance for a conversion of a residential use (previously an
A-Zone) to office use in an RO zone. In this example, the main
building was also preexisting of the 1957 zoning ordinance and
used as a single-family residence. The new owner applied for a
Special Exception and an area variance because the property size
was nonconforming, in order to convert the residence for office
use under the new Master Plan revisions adopted in 1989. The
difference however is that the substandard lot size preexisted
the 1957 zoning ordinance. We hope that this example might be
helpful.
Page 3 - June 8, 1
Inter-Departmental Memorandum
To: Mr. Richard G. Ward, PB Chairman
Re: Petrol Stations 1000-109-1-23 at Cutchogue
procedural chart is attached for your convenience and
transmittal to them.
Attachments (2)
cc: Building Inspectors
Town Attorney's Office
BUILDING PERMIT REVIEW PROCEDURE
IRequest made to building inspector
~- for building permit
Reviewed by building inspector
for compliance with
zoning ordinance
subdivision regulations
building codes, etc.
health dept. regulations
Conditions not met
Building permit
'must be denied /
Applicant can ~ek
relief by:
complying with requirements
revising plans
seeking a zoning change
seeking a variance
requesting an interpretation
of building inspector decision
Satisfactory relief achieved
Building permit issued
All conditions met
. Building )ermit issued
Construction completed
according to plan
ISite plan approval or special
use permit required
IApplicant ~eferred to appro-L
priate body (planning boardT~u
board of appeals or legis-
lative body ) for review
Approval received [
Building permit issued I
PLANNING BOARD MEMBERS
Bennett Orlowski, Jr., Chairman
George Ritchie Latham, Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
MEMORANDUM
TO:
FROM:
DATE:
RE:
Gerard P. Goehringer, Chairman and
Members of the Zoning Board q~f Appeals
Richard G. Ward, ChairmanT~~c_~0
Members of the Planning Board ~2~3~Y~--~--~
June 4, 1993
Petrol Stations
SCTM 9 1000-109-1-23
I am returning the Planning Board's memorandum of May 25, 1993
for inclusion into your public files for this case.
Our request was made in accordance with Article XXVII, Section
100-271 D., which permits a board to ask the Zoning Board of
Appeals for an interpretation to determine the meaning of any
provision in the Zoning Code or of any condition or requirement
specified or made under its provisions.
The meanings of certain statements in your May 5th memorandum
were not immediately clear to us; and rather than make
assumptions about how to interpret those statements, the Board
decided to request further clarification.
I understand that there may not be answers to all of our
questions at the instant moment, and that a public hearing may
need to be held to obtain further information. However, our
questions are legitimate. Consequently, please return our
request for interpretation to the public record in the file.
cc: Town Attorney's Office
Michael Gorman
APPEALS BOARD NiEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
PO. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
MEMOR3kNDUM
TO:
FROM:
DATE:
SUBJECT:
Richard G. Ward, Chairman, PB
Board of Appeals
Jerry Goehringer,
May 26, 1993
Chazrman~
l,
Your Memorandum with Board Questions Pertaining to a
Pending Site Plan Project of Petrol Stations
(1000-109-1-23)
Our department has received your "memorandum" with several
questions - we agree with you that it appears to be caused by
one's confusion.
We have no intention of answering the questions in this
memorandum. It is suggested that if members of the board do not
understand the use regulations of the code, or have questions
pertaining to legal issues such as those in your May 25, 1993
memorandum, then discussions should be held by the Chairman of
the Department with the legal department of the Town. As
Chairman of the ZBA, I would be happy to sit with you and the
Town Attorney.
Our department also has an application pending -- which has not
as yet been amended to reflect the plan before you. We will
have questions and hopefully all questions will be answered
appropriately at a public hearing before the Board of Appeals in
order that all parties involved may have a fair hearing.
The Planning Board's May 25, 1993 original memorandum is
attached and returned to you.
, ic II ¥~1 ~ r~
Attachment
I I
PLANNING BOARD MEMBERS
Bennett Orlowski, Jr., Chairman
George Ritchie Lathara, Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
ScoTr L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax {516) 765-1823
TO:
FROM:
DATE:
RE:
Gerard P. Goehringer, Chairman and
Members of the Zoning Board of Appeals
Richard G. Ward, Chairman and -~ ~/Js
Members of the Planning Board
May 25, 1993
Petrol Stations
SCTM $ 1000-109-1-23
Thank you for your
above-named site.
up.
response of May 5, 1993 regarding the
In our review of same, other questions came
Your memo indicates that while the residence was not in use at
the time the retail antiques shop was converted to a
professional office, it was converted to a combination residence
· and real estate office at some later date. Has the Zoning Board
~/,-~--been able to determine whether this conversion occurred before
or after the February 23, 1989 enactment of the new Zoning
~-' ~'~' ~Code?
We are confused about the use of the barn. In the memo, the use
of the barn is described as a storage site for antiques owned by
the resident of the house. The property owner indicated to us
in a letter that the barn was an antiques store. The Certificate
of Occupancy issued by the Building Inspector in 1993 notes that
the building was used as.a "seasonal antiques store".' Is the
/Zoning Board saying that it has determined that there was no
commercial use of the barn prior to its conversion to an
architect's office?
When the current Zoning Code was drafted, our understanding of
the purpose of the Residential Office district was that it would
provide for limited non-residential uses along with existing
residential uses of existing homes. This seems to have been
echoed by the Zoning Board in its September 5, 1985 memorandum,
copy attached, in which the ZBA elucidated its position that a
real estate office should be allowed as either a principal or an
accessory use in conjunction with the residential use.
Also in keeping with this, we understood that the 40,000 square
foot requirement for each additional use applied only to
additional uses beyond the existing residence with one accessory
office use. This reasoning was based on the fact that many if
not most RO lots are about one acre in size. If the intent was
to allow these lots to accomodate both a principal residential
use with an accessory office use then it would make sense to
require the addition of 40,000 sq. ft. of land only when the
addition of a third use was contemplated.
If, however, we are reading the memorandum correctly, the
Zoning Board of Appeals has ruled that in the instant case of
Petrol Stations, the residential use of a house along with a
small real estate office constitutes two principal uses; and
that the architect's office constitutes the third principal
use. And, consequently, 120,000 square feet of land is
required.
Our confusion aboUt this point is due to the fact that the
property owner, in a letter dated April 14, 1993, a copy of
which is attached for your convenience, identifies the
residential use of the existing house as a residential
apartment. It may be that the property owner or a member of
his
family resides here and that the real-estate office is a
family-run business. However, the May 5th memorandum describes
the residence as a rental apartment, which seems to contradict
the owner's assertion. But, perhaps wemisunderstood the
memorandum?
We also would appreciate clarification as to what the Zoning
Board is saying here about residential use of a house in the RO
district. We are not sure if you are making a distinction
between a principal use of a residence as the owner's dwelling
with an accessory family owned real estate office and that of a
residence which the owner' rents while also continuing to run the
real estate business? If the Zoning Board is making that
distinction for all RO properties, then we would appreciate
knowing, for future reference, what distinguishes an accessory
~,~--~ real estate office use from a Principal real estate office use
in the RO district?
Finally, in reference to a question posed in our previous memo,
if all or any of these uses existed before the enactment of the
1989 Zoning Code, how do you interpret their non-conforming
status? The primary question in our minds is how to accomodate
the three uses, density-wise, given what seems to be their
non-conforming status. As stated in previous paragraphs of this
memo, our understanding of their non-conforming status led us to
the conclusion that a sum total of only 80,000 square feet is
needed for the three uses on the site. Your memorandum seems to
indicate otherwise. Are we interpreting it accurately?
PI~ANNING BOARD MEMBERS
Bennett Orlowski, .Ir., Chairman
George Rdchie Latham. Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
SCOTF L. HARRIS
Supervisor
Town Hall. 53095 Main Road
P.O. Box 1179
Southold. New York 11971
Fax (516) 765-1823
TO:
FROM:
RE:
Gerard P.Goehringer, Chairman
and Members of the Zoning Board of Appeals
Richard G. Ward, Chairman
'-.Subdivision Application for
Petrol Stations Ltd.
North Side of Main Road,
Cutchogue
SCTM9 1000-109-1-23
DATE: April 29, 1993
The Planning Board is reviewing a subdivision application
for the above mentioned property. The proposed subdivision is
for four (4) lots on 5.835 acres. The property is located in
both the Residential Office (RO) District and the Low-Density
Residential (R-40) District.
Proposed Lot Number 4 is 1.098 acres and is located within
both of the above mentioned zoning districts. (Approximately
30,000 square feet of the lot is within the RO district and
17,600 square feet of the lot is within the R-40 District.) All
the existing uses are located within the RO zoned portion of
the proposed lot.
As stated in the attached copy of a letter dated April 14,
1993, the following uses exist on proposed Lot Number 4: a two
story frame building which contains a real estate office and a
residential apartment, and an accessory two story frame building
which is occupied by an architectural firm. The architect's
office has site plan approval from December 14, 1987 when the
use changed from a retail antiques store.
The Planning Board is interested in your Board's review and
response to the following questions:
Petrol Stations Ltd.
Page 2
April 29, 1993
Do the above mentioned possible pre-existing uses
constitute multiple uses requiring a lot area greater
than 40,000 square feet in area?
Can the part of a lot that is located in the R-40
District be included in the area calculations to
determine how many uses are allowed on the part of the
lot that is within the RO District? Further, since
this is an unusual situation, if the applicant
combines proposed lots 3 and 4 into one lot, or agrees
,not to develop Lot Number 3 for the duration that the
'~existing uses remain, could the pre-existing uses be
allowed to continue?
Encl.
GORMAN - PETROL l
!
GROUP
Apri! 14, 1993
Service Stations
Love Lane, Mattituck, N.Y. 11952
516 - 298-8478
Planning Board Office
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Attention: Richard G. Ward, Chairman
Re: Subdivision appication for Petrol Stations Ltd.
North side of Main Road, Cutchogue, New York
SCTM: 1000-109-1-23
Gentlemen,
We are in receipt of your letter dated April 14, 1993 regarding the use of our property.
Enclosed is a copy of the latest version (12/1/92) our subdivision map. This map is
the seventh revision since we began the subdivision process in the Spring of 1987 and
it labels all structures on proposed Lot 4 (this portion of the property is zoned Residential
Office RO). The two story frame building is utilized as a real estate office and a
residential apartment (this building previously had the same use). The frame building
(former barn) is utilized as an architect's office (this building previously was used for
the sale of antiques and the recharging of fire extinguishers). The frame shed is utilized
for storage and the frame garage is utilized as a residential garage. Enclosed are
copies of the Certificates of Occupancy for these buildings.
The rear portion of the property (proposed Lots 1, 2 and 3) is vacant, wooded land.
This portion of the property was rezoned on January 10, 1989 from "A" Residential-
Agricultural (80,000 s.f. minimum lot size) to Low Density Residential R-40 (40,000 s.f.
minimum lot size) when the Town adopted the Master Plan update as prepared by the
planning board. Our understanding of the Master Plan is that residential development is
to be concentrated in the hamlets, and the Town's rezoning of our property confirms
this theory. Please note that our proposed lots more than conform to all requirements
of the R-40 district. Lot 1 has an area of 1.965 acres, Lot 2 has an area of 1.792
acres, and Lot 3 has an area of 1.098 acres.
Very truly yours,
PETROL STATIONS LTD.
Michael E. Gorman
Southdd T wn ?o rd Appeals
MAIN ROAD STATE ROAD 2 SOUTHOLD, L.I., N.Y. 11971
II t EPI )HE (51G) /65 1809
APPEALS BOARD
MEMBERS
;;ERARD P. GOENRINGER, CHAIRMAN
CHARLES GRIGONIS. JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWIC:ql
!ii !ii
SEP -6198,5 :.! iii
/
TO: Southold Town Board and Mem[,,,rs of th,, (]rHHn, itL',~. C . r,l.
Zoning-Master Plan Propusals
FROM: Southold Town Board of AiJpeals/'-
DATE: September 5, 1985
SUI;JECT: Re-Zoning Recommendations Hain Road, Sout:h, ld
At a Regular Meeting of the Board o~' Appuals held Augu,;~ 22, 1985,
it ~a'. the unanimous agreement of the members that ~hu --!r ~I) al~Jng
the ~.,~;t. side of thu Main Road i'n South. Id between F,~ck, r,, La.e
and Ackerly Pond Lane, be re-zoned ResidenLiai-Offi,(~ (Ri)) to
all.w professional or real estate or
eil. l~F an a principal use or an accessory use, in (.,]H.juHclion
wiLh ,in existing residential use, for the following
. 1. There are businesses (used in conjunction with or wiLhout
resid~Htial uses) existing in this vicini[y Lhat have bL'('~ exist-
inq ' ~nce prior to the enactment of zoning in 1957 (ann ~nothe-
hdvi.q recelved a use variance after meeting criteria set by Lhe
Y. lb,, existing structures which are t. ubsLantia] i,, sir,. are more
th,~n likely suitable to accommodate an office use ~q cc;' .luncLiun
wiLh Lhe existing single-family residential use.
3. Allowing a professional or real estate or invesLmenl.-type
u~ ice as an accessory us~ iR conjunction wiLR Lhe
reqidential use of these structures would encourag~
Page 2 - September 5, 1985
Subject: Re-Zoning Recommendations
4. The present zoning district already permits those uses listed
io the "RO" district, excepting professional offices as a principal
use and business offices, and restaurants.
It is also noted that Home Occupations as an accessory use in
all the proposed districts, except LIO and LI, includes professional
offices, and amends the definition of professional office, to include
real estate brokers and similar occupations. Precedents have been
set by the CourtS and prio~ Decisions of this board that a real
estate broker is not deemed a "professional", whether it is an
accessory use or otherwise.
Therefore, the Board of Appeals strongly recommends that a real
estate, stockbroker, investment broker, office be limited to be
established in areas zoned "RO", as a principal use or an accessory
use in conjunction with the residential use; and to re-zone to "RO"
in Southold, particularly the area'between Ackerly Pond Lane and
Tuckers Lane along the west side of 'the Main Road, rather than
allowing such as an accessory use within the entire T~wn of
Southold. ?
Thank you for considering our communications in this matLer.
GERARD P. GOEHRINGER
C}IAIRMAN
APPEALS BOARD MEMBERS
Gerard E Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOAHDOFAPPEALS
TOWN OFSOUTHOLD
MEMORANDUM
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
TO: Richard G. Ward, Chairman, PB
FROM: Jerry Goehringer, Chairman, ZBA
DATE: May 5, 1993
SUBJECT: Petrol Stations Ltd.
CTM #1000-109-1-23
Our File No. 3972
Thank you for your memorandum requesting our review and response
concerning the above property, its uses, and proposed
subdivision proposal. You may recall that we also have an
application, which has not been amended by the applicant or his
attorney to show the new plan before you. (The building
inspector initially issued a Notice of Disapproval in 1990.)
HISTORY OF USE AND PROPERTY SIZE:
We would like .to note for the record the following
information about the buildings and property as existed prior to
1987, and apparently a Pre-C.O. was issued:
1) two-story frame house
2) accessory two-story wood-framed garage (or barn)
building used for the storage of antique
furniture and similar items by the resident of
the house
3) two accessory sheds
4) property size in acres: 5.836;
5) lot width: 150.30 feet - frontage along the Main Road.
PRIOR SITE PLAN APPROVAL
Subsequently, during 1986 or 1987, an application was made,
we understand, to the Planning Board for site plan approval to
convert the garage (barn building), from antique storage to an
architect's office -- and maps confirmed that the front building
was vacant. At the time of the issuance of the Building Permit
on December 15, 1987, the front building was not occupied for
mixed uses as a real estate appraiser's business and rental
Page 2 - May 5, 199,
To: . Richard G. Ward, PB Chairman
Re: Petrol Stations Ltd. 1000-109-1-23
residential unit. Some time later the front dwelling structure
was then occupied for mixed use, not only by a rental apartment
unit on the second floor but also for a real estate office.
OccuDanc¥ prior to 1986 on 5.8 acre parcel:
Principal use: one. A single-family dwelling use.
Accessory buildings: three (3) which included an
accessory use for antiques.
No other principal use existed prior to 1986.
Occupancies at this time on the 5.8 acre parcel:
Principal uses: three. 1. Rental residential unit
in front building; 2. Separate Architect's
Office in barn building; 3. separate real
estate office on first floor in front
building.
SUBDIVISION APPLICATION
The application presently being reviewed by the Planning
Board is for a four lot minor subdivision - different from the
original filing for a three-lot minor with a different layout.
The maps on file previously did not show the converted uses (now
occupying the premises), and the map was amended to show two
principal uses: architect's office in rear building and real
estate appraisers in front building. The residential rental
unit in the front building is noted as the third use although it
is not shown on the newest map revised 12/1/92.
P.B. QUESTIONS:
In answer to both Questions 1 and 2:
1. a variance will be required to consider allowing three
principal uses on less than a 120,000 sq. ft. parcel. Please
note that 5.8 acre parcel is proposed with a substantial
reduction - and lot area nonconformities will be created.
Each principal use in the RO zone requires 40,000 sq. ft. of
land area whether it be nonresidential or residential.
A new proposal showing 120,000 sq. ft. of land area for the
three principal uses to be continued must reduce the number of
lots in this minor subdivision.
In any event a variance application will also be required
for insufficient width for the rear lots as drawn, and reduced
frontage along the Main Road for a new right-of-way from 150.30
feet to 124.85 feet.
If we may be assistance in any'way, please let us know.
CE.~TIFICATT.'. OI~ OCCUPAHCY
NONCONFORMING
THiS !$ TO CERTIFY that thc
Street }lamlc~
shown on County t~ m~p ~ Dl~ri~t 10O0, ~u~ion 109 , ~10~}i 0l
Town of $outhold fox' the fo!lo.wLn~ rossOn~;
beck,
it ham bmon dste~,mLned thai tho above nonconforrnin~ /Z/t,and /5:l l!-uildin~(~)
Town ol Southoldo and may be continued pursuant to and subject to the appli-
IT IS FURTHEH CEI~TIF).I~D that, b~sed upon xmo. marion ')resented to
the Iluildini, In,peyton's'O/lice, the occupancy ~d uae for which this Certifi-
framed dwelllni{ 2 ~or>' ~ho'p, ~ood framed g~rage; 2 aheda~ and
fll .i~.~mad in ~he iA' Residential AEricultural zone w/th access
The Certltioate ~ ~suod ~o. JaUg {tARll MORRIS i A)IY KI~G (~STATE OF
of tho a£or~said buLl,ding.
,~uffo!k County Dcpar:ment cf Health Approvat
UNDERV/i%ITEKS CEI%TIFICATE NO, N/A
NOTICE IS HEREBY GIVEN that the owner of tl~e above premises lt~S
NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec-
tor to dcte=n~ine ~ the premises comply with all applicable codes and 0rd.-
has been conducted. This Certificate, therefore, does not, and Il; not h~tcndcd
to ce=tity that th= promises c~mply with all other applicable codu~ arid
tions,
PLANNING BOARD MEMBERS
Bennett Orlowski, Jr., Chairman
George Ritchie Latham, Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF $OUTHOLD
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
TO:
FROM:
RE:
Gerard P.Goehringer, Chairman
and Members of the Zoning Board of Appeals
Richard G. Ward, Chairman
Subdivision Application for
Petrol Stations Ltd.
North Side of Main Road,
Cutchogue
SCTM# 1000-109-1-23
DATE: April 29, 1993
The Planning Board is reviewing a subdivision application
for the above mentioned property. The proposed subdivision is
for four (4) lots on 5.835 acres. The property is located in
both the Residential Office (RO) District and the Low-Density
Residential (R-40) District.
Proposed Lot Number 4 is 1.098 acres and is located within
both of the above mentioned zoning districts. (Approximately
30,000 square feet of the lot is within the RO district and
17,600 square feet of the lot is within the R-40 District.) All
the existing uses are located within the RO zoned portion of
the proposed lot.
As stated in the attached copy of a letter dated April 14,
1993, the following uses exist on proposed Lot Number 4: a two
story frame building which contains a real estate office and a
residential apartment, and an accessory two story frame building
which is occupied by an architectural firm. The architect's
office has site plan approval from December 14, 1987 when the
use changed from a retail antiques store.
The Planning Board is interested in your Board's review and
response to the following questions:
Petrol Stations Ltd.
Page 2
April 29, 1993
e
Do the above mentioned possible pre-existing uses
constitute multiple uses requiring a lot area greater
than 40,000 square feet in area?
Can the part of a lot that is located in the R-40
District be included in the area calculations to
determine how many uses are allowed on the part of the
lot that is within the RO District? Further, since
this is an unusual situation, if the applicant
combines proposed lots 3 and 4 into one lot, or agrees
not to develop Lot Number 3 for the duration that the
existing uses remain, could the pre-existing uses be
allowed to continue?
Encl.
GORMAN - PETROL
GROUP
April 14, 1993
Planning Board Office
Town Hall, 53095 Main Road
P.O. Box 1179
Southo]d, New York 11971
Service Stations
Love Lane, Mattituck, N.Y. 11952
516 - 298-8478
Attention: Richard G. Ward, Chairman
Re: Subdivision appieation for Petrol Stations Ltd.
North side of Main Road, Cutchogue, New York
SCTM: 1000-109-1-23
Gentlemen,
We are in receipt of your letter dated April 14, 1993 regarding the use of our property.
Enclosed is a copy of the latest version (12/1/92) our subdivision map. This map is
the seventh revision since we began the subdivision process in the Spring of 1987 and
it labels all structures on proposed Lot 4 (this portion of the property is zoned Residential
Office RO). The two story frame building is utilized as a real estate office and a
residential apartment (this building previously had the same use). The frame building
(former barn) is utilized as an architect's office (this building previously was used for
the sale of antiques and the recharging of fire extinguishers). The frame shed is utilized
for storage and the frame garage is utilized as a residential garage. Enclosed are
copies of the Certificates of Occupancy for these buildings.
The rear portion of the property (proposed Lots 1, 2 and 3) is vacant, wooded land.
This portion of the property was rezoned on January 10, 1989 from "A" Residential-
Agricultural (80,000 s.f. minimum lot size) to Low Density Residential R-40 (40,000 s.f.
minimum lot size) when ~he Town adopted the Master Plan update as prepared by the
planning board. Our understanding of the Master Plan is that residential development is
to be concentrated in the hamlets, and the Town's rezoning of our property confirms
this theory. Please note that our proposed lots more than conform to all requirements
of the R-40 district. Lot 1 has an area of 1.965 acres, Lot 2 has an area of 1.792
acres, and Lot 3 has an area of 1.098 acres.
Very truly yours,
PETROL STATIONS LTD.
Michael E. Gorman
//
NOTE,
LOT ~ TO HAVE NO ?.~IVEWAy
TOTAL AREA = 5.835acres
AREA LOT I -- [965acres
.AREA 10T 2 = [)92acres
AEAA LOT 3 = 0.980 acres
AREA LOT 4 = [098 acres
I do certify that this map was made by ua from actuaJ
surveys completed ]AN ~, ~wa?
and that all concrete monuments have been ~ ~ ~
(or will be) set as shown thus · hereon. ~, , ~
Thi* i~ to cerfffy that the *ubdivi*ion pl~ ha~ been ~proved
by the pl~ning bo~d of the Town of Southold by resolution
of ~prov~ dated
Chairman Planning Board
APPLICANT :
PETROL STATIONS, INC.
C/O THOMAS ~ GORMAN
LOVE LANE
MA TTITUCK. N )~
ELEVATIONS AND CONTOUR LINES ARE REFERENCED
TO TOPOGRAPHIC OF FIVE EASTERN TOWNS.
ROAD
TYPICAL PLOT PLAN
TYPICAL WELL DETAIL
Prepare(
standards
by the L [,
for such u
, Title Aeso
LOT ~I TO HAVE NO ~.q/V£WAY
ACCESS TO MAIN ROAU ( S. R. 25
TOTAL AREA = ~.835acres
AREA LOT I = [965acres
.AREA LOT 2 = [792acres
AEAA LOT 3 = O. 980 acres
AREA LOT 4 = [098 acres
I do certify that this map was made by us'from actual
surveys completed JAN ~, I~87 '
and that all concrete monuments have been
(or will be) set as shown thus g hereon.
· This is to certify that the sub~'vision pl~ has been ~proved
by the pl~ning bo~d of the Town of Southold by resolution
........ . of ~prov~ dated
Ch~rm~ PI~g
APPLICANT,
PETROL STATIONS INC.
CIO THOMAs .~ ~'ORMAN
lOVE LANE
MA TTITUCK. N Y.
%
%
ELEVATIONS AND CONTOUR LINES ARE REFERENCED
TO TOPOGRAPHIC OF FIVE EASTERN TOWNS.
YYPICAL PLOT PLAN
TYPICAL WELL DETAIL
~.~ ~! ' Prepare~
' Standards
· .;:~ !~ for auch
.~o. · Title
PLANNING BOARD MEMBERS
Bennett Orlowski, Jr., Chairman
George Ritchie Latham, Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
Telephone (516) 765-1938
J. Kevin McLaughlin
828 Front Street
Greenport, New York
Dear Mr. McLaughlin:
PLANNING BOARD OFFICE
TOWN OFSOUTHOLD
June 12, 1991
11944
RE:
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
1991
SuBdivision Application for
Petrol Stations r.td.
$CTM# 1000-109-1-23
The Planning Board has reconsidered its previous
requirement, that your client obtain a variance from the lot
width requirement for Lot 4.
The right-of-way, and associated road, are to be designed
so that these areas are included in the applicable lots. They
are not to be designed as a separate lot. If the map is so
revised, a variance from the lot width requirement will not be
required.
Upon submission of revised maps in accordance with Numbers
2 and 4 of the Planning Board's February 19, 1991 correspondence
(copy enclosed for your convenience), the Board will proceed
with their review.
Please contact this office if you have any questions
regarding the above.
Very truly yours,
Bennett Orlowski, Jr.
Chairman
enc.
ce:
Gerard P.
Goehringer,
Chairman,
Zoning Board of Appeals
PLANNING BOARD MEMBERS
Bennett Orlowski, Jr., Chairman
George Ritchie Latham, Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
SCOTT L. HARRIS
Supervisor
Town Hall. 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
February 19, 1991
J. Kevin McLaughlin
828 Front Street
Greenport, New Yo~
11944
RE:
Subdivision Application for
Petrol Stations Ltd.
SCTM# 1000-109-1-23
Dear Mr. McLaughlin:
The Planning Board reviewed the maps dated January 22,
1991, at their last work session. Below please find a list of
their comments:
Lot 4 does not meet the minimum lot width required in
the RO District when the twenty-five foot right-of-way
has been excluded. If a variance can be obtained from
the Zoning Board of Appeals then the Planning Board
could approve this subdivision.
The building envelope for Lot 1 must be shown. The
envelope shall not include the sloped area.
This application is considered a major, not a minor
subdivision because a road must be built to provide
access to the interior lots. The application fee
submitted was for a minor subdivision, in the amount
of $2,500. The application fee for this major
subdivision is $1000 plus $100 per acre, or part
thereof, which is a total of $1,600. Accordingly, the
Planning Board will request of the Town Board that it
refund the difference; which is $900.
The zoning line between the RO and the R-40
districts shall be shown on Lot 4. The map shall
state that the part of Lot 4 that lies within the R-40
district shall be a vegetated buffer area.
Upon submission of revised maps and a variance from the
Zoning Board of Appeals, the Planning Board will proceed with
their review.
Page 2
Petrol Stations Ltd~
Please contact this office if you have any questions
regarding the above.
Very truly yours,
Bennett Orlowski, Jr.
Chairman
cc: Gerard P. Goehringer, Chairman, Zoning Board of Appeals
PLANNING BOARD MEMBERS
Bennett Orlowski, Jr., Chairman
George Ritchie Latham. Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
Telephone (516) 765-1938
J. Kevin McLaughlin
828 Front Street
Greenport, New York
Dear Mr. McLaughlin:
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
February 19, 1991
11944
RE:
SCOTT L. HARRIS
Supervisor
Town Hall. 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-18~3
F .8 2 11991 i:, iI
Subdivision Application for
Petrol Stations Ltd.
SCTM9 1000-109-1-23
The Planning Board reviewed the maps dated January 22,
1991, at their last work session. Below please find a list of
their comments:
Lot 4 does not meet the minimum lot width required in
the RO District when the twenty-five foot right-of-way
has been excluded. If a variance can be obtained from
the Zoning Board of Appeals then the Planning Board
could approve this subdivision.
e
The building envelope for Lot 1 must be shown. The
envelope shall not include the sloped area.
e
This application is considered a major, not a minor
subdivision because a road must be built to provide
access to the interior lots. The application fee
submitted was for a minor subdivision, in the amount
of $2,500. The application fee for this major
subdivision is $1000 plus $100 per acre, or part
thereof, which is a total of $1,600. Accordingly, the
Planning Board will request of the Town Board that it
refund the difference; which is $900.
The zoning line between the RO and the R-40
districts shall be shown on Lot 4. The map shall
state that the part of Lot 4 that lies within the R-40
district shall be a vegetated buffer area.
Upon submission of revised maps and a variance from the
Zoning Board of Appeals, the Planning Board will proceed with
their review.
Page 2
Petrol Stations Ltd~
Please contact this office if you have any questions
regarding the above.
Very truly yours,
Bennett Orlowski, Jr.
Chairman
cc: Gerard P. Goehringer, Chairman, Zoning Board of Appeals
APPEALS BOARD MEMBERS
Gerard P. Goehringcr, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
Joseph H. Sawicki
James Dinizio, Jr.
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF $OUTHOLD
SCOTt L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
UPDATE FOR THE FILE
SUBJECT: Petrol Stations
11/26/90 Discussion today with Melissa who indicated the
Planning Board is not happy with the subdivision layout which is
before the Z.B.A. although their letter of October 5, 1990 to
the Z.B.A. indicates they have no objection to proposed L6t
No. 4 of 25,603 sq. ft. in area. Melissa also indicated that
the P.B. Chairman was to contact the Z.B.A. about this.
11/26/90 Called J. Kevin McLaughlin, Esq. advising him that the
Planning Board staff will be drafting a sketch with their
recommended layout to be submitted with a different P.B. letter.
11/27/90 Z.B.A. Chairman confirmed that Ben Orlowski (PB
Chairman ) indicated that the lot-line layout would be changedto
conform to zoning without necessitating a variance.
lk
PLANNING BOARD MEMBERS
Bennett Orlowski, Jr., Chairman
George Ritchie Latham, Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
Telephone (516) 765-1938
PLANNING BOARD OFFICE
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
November 27, 1990
J. Kevin McLaughlin
828 Front Street
Greenport, Ne w York
11944
Dear Mr.
McLaughlin:
RE: Subdivision Application for
Petrol Stations Ltd.
SCTM% 1000-109-1-23
The Planning Board has re-reviewed the subdivision
application for the above mentioned parcel in reference
lot located in the Residential/Office (RO) District.
to the
The Board is amending its prior request that the lot line
follow the boundary of the zoning line. The lot to be located
in the RO and the R-40 Districts can be designed as a 40,000
square foot lot. However, the Board will require that a
Declaration of Covenants and Restrictions be filed stating that
the area in the R-40 District is to be left in its natural state
to act as a buffer to the residential zone.
Should your client redesign the layout as noted above, an
area variance from the Zoning Board of Appeals will not be
necessary. However, variances may be required for those lots
that do not meet the minimum requirements for lot width and or
depth.
It should be noted that the map that was submitted to the
Planning Board is for three (3) lots. The Board can not review
the four (4) lot proposal that was submitted to the Zoning Board
of Appeals for the variance unless you revise your application
before the Planning Board and submit revised maps.
Please contact this office if you have any questions
regarding the above.
Very truly yours,
~ ~ ~/~
Bennett Orlowski, Jr.
Chairman
cc: Gerard P. Goehringer, Chairman, Zoning Board of Appeals
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chah~an
Charles Grigonis, Jr.
Serge Doyen, Jr.
Joseph H. Sawicki
James Dinizio, Jr.
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
ScoTr L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
TO:
FROM:
DATE:
SUBJECT:
Planning Board
Attention: Melissa
Board of Appeals~
November 27, 1990
Petrol Stations Subdivision
This will confirm that the Planning Board Chairman has contacted
us, and it is our understanding that the subdivision will be
re-drawn to eliminate the necessity of a variance {similar to
the lot lines (not sizes) that was planned in the Matter of Adam
Associates}.
In the interim, we will recess the variance application and
await the outcome of this change or notice by the applicant's
attorney to proceed.
Please keep us up-to-date.
L{~'T 8
AREA = 76797 ACRES
MINOR ~UBDIVI$10/
FOR
ADAM AS$OCIA:
M~ TT ! T UC K
?o~w OF SOUTHOLD
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
~hafles Gfigonis, ~r.
Serge Doyen, Jr.
Joseph H. Sawicki
James Dinizio, Jr.
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
FROM:
DATE:
SUBJECT:
Planning Board
Attention: Melissa
Board of Appeals~
November 27, 1990
Petrol Stations Subdivision
This will confirm that the Planning Board Chairman has contacted
us, and it is our understanding that the subdivision will be
re-drawn to eliminate the necessity of a variance {similar to
the lot lines (not sizes) that was planned in the Matter of Adam
Associates}.
In the interim, we will recess the variance application and
await the outcome of this change or notice by the applicant's
attorney to proceed.
Please keep us up-to-date.
lk
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CERTIFIED TO ('C,~
CHICAGO TITLE INSURANCE COMPANy '~'1~ )
NORTH FORK BANK ~ ~UST CO.
THE SEWAGE DISPOSAL FACILITIES FOR
ALL LCTS IN THIS DEVELOPMENT COMPLY
WITH THE STANDARDS & REQUIREMENTS
OF 'THE SUFFOLK COr~ DEPARTMENT OF HEALTH.
~REA = 76797 ACRES
MINOR ,$UBDIVlSIO~
FOR
ADAM ASSOCI.4-
M,~, TTI T UC K
TOW~ OF 8~-"' · r~
To The Board ofAppeals,To~,n of 5outhold: II~/lll~l DEC'I_~S~C' m~n ~i~,i I~' i!
IU ~11 __~.~ ~
We the undersigned do not want an area variance ~or Lot 4 whichi
does not contain the minimum lot area required. ~ax map ~o. 1OOO-
109-O1-23. Owners' names: Petrol Stations, Ltd. at Gutchogue.
The purpose of zoning is to protect our Town from being over
developed, to allow the minimum lot size requirment to be down
zoned will set a precendent for other developers.
To quote from Southold Town Code, Residential Office (RO) District.
"The purpose of the Residential Office (RO) District is to provide
a transition area between business areas and low-density residential
development along major roads which will provide opportunity for limited
nonresidential uses in essentially residential areas.,'
Address
/( //
//
To The Board
o£ A~eais,
Tc'~:n of oouthold:
lVe the undersigned do not want an area variance for Lot ~ which
does not contain the minimum lot area required. Tax map No. ~OOO-
~09-01-23. Owners' names: Petrol Stations, Ltd. at 6utchogue.
The purpose of zoning is to protegt ~ur Town from being over
developed, to allow the minimum lot slzeJrequirment to be down
zoned will set a precendent for other developers.
To quote from Southold Town Code, Residential Office (RO) District.
"The purpose of the Residential Office IRO) District is to provide
a transition area between business areas and low-density residential
development along major roads which will provide opportunity for limited
nonresidential uses in essentially residential areas.,'
Address
To The
Board of Appeals, Town of Southold:
We the undersigned do not want an area variance for Lot 4 which
does not contain the minimum lot area required. Tax map No. 1000-
109-01-23. Owners, names: Petrol Stations, Ltd. at Gutchogue.
The purpose of zoning is to protect our Town from being over
developed, to allow the minimum lot size requirment to be down
zoned will set a precendent for other developers.
.To quote from Southold Town Code, Residential Office (RO) District.
"The purpose of the Residential Office (RO) District is to provide
a transition area between business areas and low-density residential
development along major roads which will provide opportunity for limited
nonresidential uses in essentially residential areas.,,
Name. Address
To The Board of Appeals,
Town of Southold:
We the undersigned do not want an area variance for Lot 4 which
does not contain the minimum lot area required. Tax map No. 1000-
109-O1-23. Owners, names: Petrol Stations, Ltd. at Cutchogue.
The purpose of zoning is to protect our Town from being over
developed, to allow the minimum lot size requirment to be down
zoned will set a precendent for other developers.
To quote from Southold Town Code, Residential Office (RO) District.
"The purpose of the Residential Office (RO) District is to provide
a transition area between business areas and low-density residential
development along major roads which will provide opportunity for limited
nonresidential uses in essentially residential areas.',
Name ~ ,
Address
To The Bo~'rd of A.~eals, Town oi' oouthold:
We the undersigned do not want an area variance for Lot 4 which
does not contain the minimum lot area required. Tax map No.
109-O1-23. Owners' names: Petrol Stations, Ltd. at Gutchogue.
The purpose Of zoning is to protect our Town fr6m being over
developed, to allow the minimum lot size requirment to be down
zoned will set a precendent for other developers.
To quote from $outhold Town Code, Residential Office (RO) District.
"The purpose of the Residential Office (RO) District is to provide
a transition area between business areas and low-density residential
development along major roads which will provide opportunity for limited
nonresidential uses in essentially residential areas.,,
Name Address
.-5, cf.
II tl
To'The~Bo~rd of Appeals,
?own of oouthold:
We the undersigned do not want an area variance
for Lot 4 which
does not contain the minimum lot area required. Tax map No.
109-01-23. Owners' names: Petrol Stations, Ltd. at 6utchogue.
The purpose Of zoning is to protect our Town from being over
developed, to allow 5he minimum lot size requirment to be down
zoned will set a precendent for other developers.
To quote from Southold TOwn Code, Residential Office (RO) District.
"The purpose of the Residential Office (RO) District is to provide
a transition area between business areas and low-density residential
development along major roads which will provide opportunity for limited
nonresidential uses in essentially residential areas."
Name
Address
To The Board of Appeals, Town of oouthold:
%~e the undersigned do not want an area variance for Lot & which
does not contain the minimum lot area required. Tax map No. ~000-
109-O~-23. Owners' names: Petrol Stations, Ltd. at 6utchogue.
The purpose of zoning is to protect our Town from being over
developed, to allow the minimum lot size requirment to be down
zoned will set a precendent for other developers.
To quote from Southold Town Code, Residential Office (RO) District.
"The purpose of the Residential Office (RO) District is to provide
a transition area between business areas and low-density residential
development along major roads which will provide opportunity for limited
nonresidential uses in essentially residential areas.,,
Name
Address
~ ZALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
Joseph H. Sawicki
James Dinizio, Jr.
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
MINUTES
REGULAR MEETING
THURSDAYt NOVEMBER 29
1990
A Regular Meeting was held by the Southold Town Board of
Appeals on THURSDAY, NOVEMBER 29, 1990 at 7:30 o'clock p.m. at
the Southold Town Hall, Main Road, Southold, New York.
Present were: Gerard P. Goehringer, Chairman; Member Serge
Doyen, Jr., Member Charles Grigonis, Jr. and Member James
Dinizio, Jr. (Absent was: Member Joseph H. Sawicki.) Also
present was Board Secretary Linda Kowalski, and approximately 40
persons in the audience at the beginning of the meeting. The
court stenographer arrived at 8:00 p.m., as requested, for
recording and transcription of the hearings commencing at 8:05
p.m., and thereafter.
The Chairman opened the meeting at 7:30 p.m. and proceeded
with the following public hearings. Verbatim transcripts of
each hearing has been prepared under separate cover and attached
hereto for reference.
7:30 p.m. Appl. No. 3972 - PETROL STATION. The hearing was
opened and recessed without a date pending an alternative
subdivision plan to be re-drawn by the Planning Board (without
the necessity for variances, as originally referred to the ZBA).
PLANNING BOARD MEMBERS
~ennett Orlowski, Jr., Chairman
~George Ritchie Latharn, Jr.
~ Richard G. Ward
F Mark S. McDonald
[ Kenneth L. Edwards
Telephone (516) 765-1938
J. Kevin McLaughlin
828 Front Street
Greenport, New York
11944
ScoTr L. HARRIS
Supervisor
Town Hall. 53095 Main Road
P.O. Box 1179
Southold, New York 11971
PLANNING BOARD OFFICE
ow o so o o
May lO, 1990 I N0V ffl 0
RE: Petrol Stations, Ltd.
SCTM# 1000-109-1-23
;-1823
Dear Mr. McLaughlin:
The Planning Board reviewed the maps dated February 5, 1987
for the above mentioned subdivision.
Lot ~3 is located in the Residential/Office (RO)
District. This district requires a minimum lot size of 40,000
square feet. The lot as proposed is 35,406 square feet in area,
approximately 4,710 square feet of that being in the residential
zone. The lot does not meet the minimum requirements of the
District. Therefore, a variance from the Zoning Board of Appeals
is required. In addition, the Board is not in favor of the RO
lot encroaching on the residential district. The lot line must
follow the boundary of the zoning line.
The Planning Board can not proceed with the subdivision
review until such time that a variance is granted by the Zoning
Board of appeals. Therefore, it is recommended that you make an
application to the Zoning Board of Appeals as soon as possible.
Upon receipt of a positive determination from the Zoning
Board of Appeals, the Planning Board will proceed with your
application. Please note that the Planning Board will be
requiring the following information on the revised subdivision
plat:
The proposed road must terminate in a cul-de-sac (see
enclosed map for an illustration);
2. Access to all lots must be from the proposed road;
The map must be drawn at a scale of 1" = 100' rather
than 1" = 60'.
4. The current zoning districts must be noted on the map.
Please contact this office if you have any questions.
regarding the above.
Very truly yours, ~
Bennett Orlowski, Jr. -- ~
Chairman
i enc.
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TOWN OF SOUTHOLD ZONIHO BOARD OF APPEALS
COUNTY OF SUFFOLK : STATE OF NEW YORK
.................................... x
Town Hal 1
5309S Main Road
P.O. Box 1179
8outhold, Hew York 11971
November 1, 1990
7:30 P.M.
BEFORE:
GERARD P, GOEHRINOER,
Chairman.
BOARD MEMBERS:
CHARLES GRIGOEIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SA#ICKI - Absent
JAMES DIEIZIO, JR.
ALSO PRESENT:
LIHDA ECHALSKI, Board Secretary
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THE CHAIRH~N: The next appeal is on
behalf of Petrol Station Ltd., Appeal Number
3972. The legal notice reads as follows:
(Legal notice read off record.)
THE CHAIPJ4~N: I have a copy of a
survey, dated January 12, 1987, by John
Netzger, Land Surveyor, indicating the
nature of this application which is, I
assume, Lot Number 4, which is 25,603 square
feet, containing a one-story frame house. I
have a copy of the Suffolk County Tax Hap
indicating this and surrounding properties
in the area.
Is there somebody that would like to
be heard?
' HR. Hc~AUGHLIN: Good evening. Ny
name is Kevin McLaughlin, Esquire. I am
here'in behalf of the Petrol Station, as I
think our application indicates.
We are basically here at the
direction of the Planning Board. We filed
an application for the minor subdivision.
The Planning Board, upon reviewing that
subdivision, decided they would prefer to
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see the lot line of Lot Number
the lot closest to the
with the existing zone
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4, which is
road, to coincide
line within the RO
District and the R-40 District. They
requested that we come'before this Board to
obtain a variance to allow us to have that
undersized lot. That is basically why we
are here these evening.
THE CHAIRMAN: What is the nature of
the existing garage at the lot line?
HR. McLAUOHLIN: It is just for
storage right now.
THE CHAIRMAN: What will happen to it
ii the lot line continues through7 Will it
be destroyed or moved from one side to the
other? '~ou will leave it where'it is7 It
is with the encroachment on --
MR. McLAUGHLIN: Probably, unless we
have problems with the sale of the next lot,
but otherwise we will just leave it there.
THE CHAIRMAN: Who is the owner of
this house, the former, owner for the
record, if you know?
HR. McLAUGHLIN: I think I have a
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deed here that probably would indicate -- I
will be happy to provide that information to
you. I don't seem to be able to find the
deed right now.
THE CHAIRMAN: Is the house presently
lived in or rented?
MR. McLAUG~ILIN: It is presently
being used for a real estate office.
Correct?
MEMBER OF THE AUDIENCE: (Nodding
yes.)
THE CHAIRMAN: Kevin, the right-of-
way into the property is not clearly
defined; is that correct?
MR. McLAUGHLIN: Not clearly defined?
THE CHAIRMAN: In other words, is
there a driveway which actually extends into
these four lots?
MR. McLAUGHLIN:
proposed. That is part
subdivision.
THE CHAIRMAN:
trouble finding it.
there and measure it
Not that is
of the minor
That's why I'm having
I will go back down
this time, and make
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sure I know exactly where the parcel
and stuff. Thank you very much.
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starts
Is there anybody else that would like
to speak in favor of this application? ._
Anybody that would like to speak against the
application?
MS. SAWASTYNOWICZ: Good evening.
Nancy Sawastynowicz, and I have a petition I
would like to hand to the Board. That is
the original and copies.
(Ms. Sawastynowicz handing copies of
petition to the Board.)
MS. SAWASTYNOWICZ: "We the
undersigned do not want an area variance for
Lot Number 4 which does not contain the
minimum ~ot area required. Tax Map Number
1000-109-01-23. Owner's names: Petrol
Stations, Ltd. at Cutchogue.
The purpose of zoning is to protect
our Town from being overdeveloped. To allow
the minimum lot size requirement to he down
zoned will set a precedent for other
developers.
To quote from Southold Town Code,
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Residential Office (RO) District.
'The purpose of the Residential
Office (RO) District is to provide a
transition area Between Business areas and
low-density residential development along
major roads which will provide opportunity
for limited nonresidential uses in
essentially residential areas.'"
We feel to down zone this lot will
make a tremendous problem there because in
the summertime you cannot get out on the
road from Alvah's Lane now, and the people
of the surrounding area -- I have 100
percent of them signing this petition.
That's all I would like to say.
Than~ y0~.
THE CHAIRMAN: Anybody else that
would like to Speak against the application?
Any comments?
MS.
notarized
SAWASTYNOWICZ: I have a
letter from one of the neighbors.
You don't want me to read it?
THE CHAIRMAN: No.
(Ms. Sawastynowicz handing letter to
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the Board. )
MR. McLAUGHLIN:
27
As far as the
argument for the undersized lot, basically
we don't care whether that lot was
undersized or not. Our original application
to the Planning Board was for a larger lot
there. However, they felt that the lot
should coincide with the existing lot line.
At this rate, we have more than sufficient
area for the minor subdivision we have in
mind. The other lots are all, if you will,
oversized. They are all well in excess of
the minimal lot requirement for these lots.
We are simply here because the Planning
Board feels that this front lot should have
a l~t line ~ha% is coexisting with the
zoning line there.
THE CHAIRMAN: That is an R-40 zone.
MR. McLAUGHLIN: In back of the RO is
the R-40 zone. That is correct.
THE CHAIRMAN: In effect, Lot Number
I and 2 could be reduced in size.
MR. McLAUGHLIN: Could be -- sure.
THE CHAIRMAN: Is that what you
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originally had submitted to the Planning
Board?
MR. McLAUGHLIN: Actually, what we
submitted'was a three lot -- originally, the
minor subdivision application we filed with
the Planning Board showed Lots I and 2 to be
approximately two and a half acre lots. But
again, while Lot 4 simply is an undersized
lot and that is what was proposed. That's
why we are before you tonight. The Test of
the lots are well in excess and I don't see
that there is going to be any difference
between the amount of traffic, whether or
not this Lot 4 is as continued and as
applied for or whether or not you move the
lot ~ine'back'~ny further. You'are still
going to have the same use there, whether or
not there are 1,500 square feet to it or not
-- 15,000 -- excuse me.
THE CHAIRMAN: In the past, we have
had some discussion with the Planning Board
in situations like this. If you would allow
me to recess this hearing to go to the next
regularly scheduled meeting, I would like to
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meet with the Planning Board and ask them
specifically why they chose to go this
route. We know the reason why they chose to
go this route but I would like to meet with
them, either formally or informally, if you
wouldn't mind, rather than me close the
hearing tonight.
MR. McLAUGHLIN: We have no
objection.
THE CHAIRMAN: Okay. I think that is
what ! am going to do at this point. Thank
you very much.
Yes?
DOROTHY OVISINAK: They would have to
make a right-of-way for this; am I correct?
T~E CHAIRMAN: Yes.
MS. OVISINAK: You know we have had
quite a few accidents already by Alvah's
Lane and it is very bad there now, and to
make a right-of-way into this is going to
only cause a major problem there especially
with Manor Hill (phonetic spelling) and I
just feel, at this time, I don't think it
would be feasible tc make a right-of-way.
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hope the Board will take this into
consideration.
THE CHAIRMAN:
3O
Thank you very much.
MS. SAWASTYNOWICZ: ! would like to
say one more thing. When you are asking
about what is in that house, there is also
another business on that property of an
architect in the barn. There are two
businesses in that lot. I think that is
illegal in the code. I would like to Board
to look into that, too.
MR. McLAUGHLIN: For the record, we
have received site plan approval for the
architectural firm that is in the garage.
THE CHAIRMAN:
CO's on ~he property?
MR. McLAUGHLIN:
are two existing CO's
businesses.
THE CHAIRMAN:
further comments at
There are two existing
I believe so. There
for the two separate
Thank you. Hearing no
this hearing, I make a
motion recessing this to the next regularly
scheduled hearing which we will have an
information discussion with the Planning
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Board on this.
MR. ORIOONIS:
THE
HR. ORIGONIS:
Second.
All in favor.
Aye.
HR. DOYEN:
MR. DINIZIO:
THE CHAIRHAH:
Aye.
Aye.
Thanks very much,
31
everybody, for coming in.
(Time noted: 8:15 p.m.)
THE CHAIRMAN: The next appeal is in
behalf of Betty J. Copin, Appeal Number
3977. The legal notice reads as follows:
(Legal notice read off record.)
THE CHAIRNAN: I have a copy of the
survey, dated June 15, 1976, by R. Van Tuyl
and ~ons~ indi~ating a one and a half story
or two story frame home, approximately
centered on the property. The nature of
this application is a new two-car garage,
approximately 54 feet south of this
particular dwelling, approximately 10 feet
from the southerly property llne -- I have
south, actually southeasterly property line.
I have a copy of the Suffolk county Tax Hap
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigoni$, Jr.
Serge Doyen, Jr.
Joseph H. Sawicki
James Dinizio, Jr.
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SCOFF L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765~1800
INTER-DEPARTMENTAL MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Planning Board
Board of Appeals
November 13, 1990
Planning Board/Zoning Board - Joint Discussion
As you know, we have been trying to schedule a discussion with
the Planning Board Chairman and Member(s), and the last
conference scheduled for October 17, 1990 was canceled by the
Planning Board without a new date.
One of the issues in essence concerns an application which was
referred to our office by you for a variance. This application
was heard on November 1, 1990 and has been recessed in order
that a joint discussion may be re-scheduled amongst board
member(s) from both'departmen~s.''Therefore, it is requested
that you confirm your availability for Thursday evening,
November 15, 1990 after 7:30 p.m.
Thank you.
lk
" F
Southold Town Board of Appeals
Riain Road
Southold, New York 11971
Dear Appeals Board Members:
September 12, 1990
In response to Petrol Stations, Ltd. Tax ~p No. 1CC0-1C9-01-23.
Please disapprove the request for an area variance for Lot 4 which
does not contain the minimum lot area required. To down zone an under
sized lot to squeeze a road in for a ~inor Subdivision, will have far
too great an impact to our Town. There are major traffic proolems in
this area. Which are very congested in the sunm, er.
Down zoning is a bad way to develope a small Town. The zoning
was placed in our Town to protect it. The 0.705 lot is too small
for such an intensive use.
Thank You,
Paul Tony Kalo~KI
· 6utchogue Farms, Ltd.
Southold Town Board
Main Road
Southold, New York
of Appeals
1197~
Dear Appeals Board ~iembers:
September 1 ~, 1590
In the matter of the Petition of Petrol Stations, Ltd. Tax map
No. 1OOO-109-O1-23, request for relief: an area variance for Lot 4
which does nob contain the minimum lot area requirement. Please
do not approve the request robe down zoned.
The proposed Minor Subdivision Road for this development will
add to the already congested ~ain road. The new road will be too
close to Alvah's Lane and ~oor~s Lane, and add to the hazardous
traffic problems.
Please do not down zone already undersized lots. It will add
Consider the needs of the people that are living
to over development.
here now. Thank you.
Sincerely,
Nancy Sawastynowicz
Alvah's Lane
Cutchogue, N.Y. ~ ~ 935
PLANNING BOARD MEMBERS
Bennett Orlowski, Jr., Chairman
George Ritchie Lathara, Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
scott L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
TO:
Gerard P. Goehringer, Chairman
Zoning Board of Appeals
FROM:
RE:
Bennett Orlowski, Jr.,
Petrol Stations Ltd.
SCTM# 1000-109-1-23
Appl. No. 3972
Chairman~/wf
DATE: October 5, 1990
The Planning Board has reviewed the above mentioned application
in reference to the area variance which is before your Board.
The proposed lot, which is located within the boundaries of the
Residential/Office (RO) District is 25,603 square feet in
area, excluding the right-of-way. The minimum lot size in a
RO District is 40,000 square feet in area. Thus, the proposed
lot is 14,397 square feet shy of the minimum requirements for
this zone.
The Planning Board has no objection to the granting of an area
variance for Lot Number 4 in the above mentioned subdivision.
This non-conforming lot was created by the arbitrary
Residential/Office District line.
It should be noted that the Planning Board will be requiring
that all lots have access from the proposed road.
Also, the map that was submitted to your office for purposes of
the area variance is different from that which was submitted to
the Planning Board office for the subdivision proposal. The
application before the Planning Board is for a three lot
subdivision. This revision, as with the other amendments which
were made to the map, will be reviewed by the Planning Board
during the subdivision review should the area variance be
granted by your Board.
PLANNING BOARD MEMBERS
Bennett Orlowski, Jr., Chairman
George Ritchie Latham, Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
May 10, 1990
J. Kevin McLaughlin
828 Front Street
Greenport, New York
11944
RE: Petrol Stations, Ltd.
SCTM# 1000-109-1-23
Dear Mr. McLaughlin:
The Planning Board reviewed the maps dated February 5, 1987
for the above mentioned subdivision.
Lot ~3 is located in the Residential/Office (RO)
District. This district requires a minimum lot size of 40,000
square feet. The lot as proposed is 35,406 square feet in area,
approximately 4,710 square feet of that being in the residential
zone. The lot does not meet the minimum requirements of the
District. Therefore, a variance from the Zoning Board of Appeals
is required. In addition, the Board is not in favor of the RO
lot encroaching on the residential district. The lot line must
follow the boundary of the zoning line.
The Planning Board can not proceed with the subdivision
review until such time that a variance is granted by the Zoning
Board of appeals. Therefore, it is recommended that you make an
application to the Zoning Board of Appeals as soon as possible.
Upon receipt of a positive determination from the Zoning
Board of Appeals, the Planning Board will proceed with your
application. Please note that the Planning Board will be
requiring the following information on the revised subdivision
plat:
The proposed road must terminate in a cul-de-sac (see
enclosed map for an illustration);
2. Access to all lots must be from the proposed road;
3. The map must be drawn at a scale of 1" = 100' rather
than 1" = 60'.
4. The current zoning districts must be noted on the map.
Please contact this office if you have any questions
regarding the above.
Very truly yours, ~
Bennett Orlowski, Jr. -- ~
Chairman
enc.
828 FRONT STREET, R O. BOX 803
GREENPORT, NY 11944
1516) 477-1016
September 28, 1990
Board of Appeals
Town of Southold
P.O. B ox 1179
Southold, New York
11971
RE:
APPLICATION NO. 3972-PETROL
STATIONS, LTD. (VARIANCE)
Gentlemen:
Pursuant to your request,
Michael Gorman's letter to me
disclosing all of the
Petrol Stations, Ltd.
JKM/bl
enclosure
dated September 25, 1990,
individuals with an interest in
Very tru~
I have enclosed a copy of
GORMAN - PETROL
GROUP
September 25, 1990
Service Stations
Love Lane, Mattituck, N.Y. 11952
$16 - 298-8478
J. Kevin McLaughlin, Esq.
828 Front Street, P.O. Box 803
Greenport, New York 11944
Re: Appl. No. 3972 - Petrol Stations, Ltd. (VariaRce)
Dear Kevin,
The individuals comprising Petrol Stations, Ltd. are Thomas J. Gorman (President),
Thomas J. Gorman, Jr. (Vice President), and Michael E. Gorman (Secretary).
Please let us know the ZBA hearing date once you have been notified.
Very truly yours,
tVlichael E. Gorman, Secretary
Gerard P. Goehringer, Chaln~an
Charles Grigonis, Jr.
Serge Doyen, .Ir.
Joseph H. Sawicki
Sames Dinizio, .ir.
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF $OUTHOLD
SCOTF L. H~RIUS
Supervisor
Town Hall, 53095 Main Road
P.O. Box !179
Southold, New Yoflc 11971
Fax (516) 765-1823
Telephone (516) 765-1800
September 20, 1990
J. Kevin McLaughlin, Esq.
P.O. Box 803
Greenport, NY 11944
Re: Appl. No. 3972 - Petrol Stations, Ltd. (Variance)
Dear Kevin: '
This letter will acknowledge receipt of the above
application and confirm that the hearing is tentatively
calendared for the next Regular Meeting in late October.
The Board Members will be conducting field inspections and
other reviews as may be required by State and local laws prior to
advertising this matter for public hearing.
We have urged the Planning Board Office to submit its
comments for our file by October 17, 1990. Although we have
furnished~uhemwith a map (since there is no file with the
pla,,{,g Board at this point), you may wish to contact their
office prior to the ZBA hearing to update your file. ~"ne ZBA
hearing is expected to be held at our next Regular Meeting
In the interim, please provide us with a letter disclosing
those individuals having an interest in Petrol Stations, Ltd.
and/or this project.
Please feel free to call at any time if you have questions.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
Joseph H. Sawicki
James Dinizio, Jr.
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SCOFF L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, the following hearings
will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular
Meeting, at the Southold Town Hall, Main Road, Southold, NY
11971, on THURSDAY, NOVEMBER 29, 1990 at the following times:
./ 7:30 p.m. Appl. No. 3972 - PETROL STATION LTD. Hearing~
-/ continued from November 1, 1990.
~" 7:35 p.m. Appl. No. 3985 - HERBERT AND CATHERINE
LINDTVEIT. Variances to the Zoning Ordinance, Article XXVIII,
Section 100-239.4B and Articl9 XX~V, Section 100-244B for
proposed one-story and second-story additions with two-foot
over-hangs (cantilevers) Portion of additions will be less
than 75 feet from bulkhead along Corey Creek and will reduce
both side yards to less than the minimum required at 10 and 15
feet. The dwelling as exists has nonconforming side yards, and
the lot area and width are also nonconforming in this R-40 Zone
District. Location of Property: 625 Windy Point Lane (Private
Road #12), Southold, NY; County Tax Map Parcel 1000-87-4-7.
Page 2 - Legal Notice
Hearings to be Held November 29,
Southold Town Board of Appeals
1990
7:40 p.m. Appl. No. 3986 - BARRY AND BEVERLY LEHR.
Variance to the Zoning Ordinance, Article III, Section 100-30.2A
for approval of the location of accessory building located in an
area other than the required rear yard and located within 75
feet of the bulkhead along Goose Creek (a/k/a West Creek). Lot
is nonconforming as to lot area and width in this R-40 Zone
District. Location of Property: 15 Sun Lane, Southold; also
referred to as Lots 1 & 2 on the Subdivision map of "West Creek
Development" filed July 6, 1937 as County File No. 1236. County
Tax Map Parcel ID No. 1000-76-1-1.
7:45 p.m. Appl. No. 3988 - ANTONIO VANGI. Variance to the
Zoning Ordinance, Article XXIV, Section 100-244 and Article
XXIII, Section 100-239.4, for permission to construct garage
addition with a setback of less than 100 feet from the top of
the bluff along the~Long Island Sgund and with side yards at
less than the required 15 feet and 20 feet. The dwelling as
exists is nonconforming as to total sideyards, and the lot area
and width are nonconforming in this R-40 Zone District.
Location of Property: 645 Glen Court, Cutchogue, NY; Vista
Bluff Map No. 5060, Lot #1; County Tax Map Parcel ID
No. 1000-83-1-7.
Page 3 - Legal Notice
Hearings to be Held November 29,
Southold Town Board of Appeals
1990
7:55 p.m. Appl. No. 3987 - H & S ASSOCIATES by Sanford
Friemann. Variance to the Zoning Ordinance, Article X, Section
100-102 (Bulk Schedule) for approval of insufficient frontage
(lot width) {as exists} along the Main Road of proposed Lot #3
and for approval of insufficient lot depth of proposed Lot #2,
in this pending minor subdivision, and for approval of access
according to New York Town Law, Section 280A over a private
right-of-way. Zone Districts: B-General Business and
Agricultural-Conservation.
of Main Road, Cutchogue, NY;
1000-102-2-24. Total area:
Location of Property: North Side
County Tax Map Parcel ID No.
19.596 acres.
8:05 p.m. Appl. No. 3977 - BE~Tf J. COPIN. Continued from
November 1, 1990.
8:15 p.m. Appl. No. 3788 ~'SUN REFINING & MARKETING.
Variances to the Zoning Ordinance, Article X, Section 100-102:
(1) for permission to establish convenience store use in
conjunction with and accessory to the existing gasoline station
use on this substandard parcel which contains less than 30,000
sq. ft. in lot area; (2) for interpretation as to height
limitation of accessory (canopy) structure, and (3) for
approval of canopy structure in the front yard location.
Location of Property: Corner of the Easterly Side of Factory
Avenue and Northerly Side of the Main Road, Mattituck, NY;
County Tax Map Parcel ID No. 1000-142-1-27.
Page 4 - Legal Notice
Nearings to be Held November 29,
$outhold Town Board of Appeals
1990
8:30 p.m. Appl. No. 3983 - JANET MALONEY. Variance to the
Zoning Ordinance, Article XXIII, Section 100-239.4B for approval
of deck within 75 feet of bulkhead along Hog Neck Bay. Lot is
nonconforming as to lot area in this R-40 Zone District.
Location of Property: 30 West Lake Drive and 2505 Little
Peconic Bay Lane, Southold, NY; County Tax Map Parcel ID No.
1000-90-1-25; Cedar Beach Park Lot No. 125, filed Map No. 90.
8:35 p.m. Appl. No. 3981 - PH~LLIS RAYNE BY-ER. Variance
to the Zoning Ordinance, Article III, Section 100-30A(1), as
disapproved, for approval of second dwelling apartment unit, as
exists. Building as exists contains two dwelling units and
retail store in this Limited Business (LB) Zone District. Lot
is nonconforming as to lot arga, width ~nd depth. Location of
Property: Corner of South Side of Main Road and the East Side
of Bay Avenue, Cutchogue, NY; County Tax Map Parcel ID
No. 1000-85-3-2.1.
Page 5 - Legal Notice
Hearings to be Held November 29,
Southold Town Board of Appeals
1990
8:45 p.m. Appl. No. 3973 - JOHN AND ROSE MILAZZO.
Variances to the Zoning Ordinance, Article XXIII, Section
100-239.4 {a/k/a 100-239d(B)} and Article XXIV, Section 100-244B
for permission to locate addition and reconstruction of dwelling
structure with setbacks: (a) at less than the required 75 feet
from the bulkhead, (b) at less than the required minimum 35
ft. rear yard at its closest point, and (c) at less than the
required 10 ft. and 15 ft. minimum side yards, (d) at less
than the total side yards required minimum of 25 feet. Existing
dwelling structure is nonconforming as to the northerly side
yard, the rear yard, and the setback from the bulkhead. Lot
area and width is nonconforming in this R-40 Zone District.
Location of Property: 9 Island View Lane, Greenport, NY;
County Tax Map Parcel ID No. 1000-57-2-20.
8:55 p.m. Appl. No. 3955 - DOMINICK SBLENDIDO & A.
AURICCHIO. Interpretation requested regarding second kitchen
facilities and its relation to single-family verses two-family
uses, and a variance for addition with an insufficient frontyard
Inlet Lane, Greenport. Continued from November 1,
setback. 185
1990.
9:15 p.m.
Appl. No. 3975 - ARTHUR G. CARLSON.
Interpretation and Variance to the Zoning Ordinance, Article
III, Section 100-30 (as disapproved by the Building Inspector)
for permission to accept delivery of shellfish from local
waters, to shuck the shellfish, and to deliver or ship the
scallops and/or conches for wholesale distribution. Scallops
Page 6 - Legal Notice
Hearings to be Held November 29,
Southold Town Board of Appeals
1990
and conches to be delivered for off-premises consumption or
sales. Zone District: Agricultural-Conservation (AC).
Location of Property: 1575 Lower Road, Southold, NY; County
Tax Map Parcel No. 1000-69-5-13.2. Continued from
November 1, 1990.
The Board of Appeals will at said time and place hear any
and all persons or representatives desiring to be heard in each
of the above matters. Written comments may also be submitted
prior to the conclusion of the subject hearing. Each hearing
will not start before the time allotted. Additional time for
your presentation will be available, if needed. For more
information, please call 765-1809.
Dated: November 9, 1990.
BY ORDER OFT HE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
Joseph H. Sawicki
James Dinizio, Jr.
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
scoTr L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
TO WHOM IT MAY CONCERN:
Enclosed herewith as confirmation of the time, date and
place of the public hearing concerning your application is a
copy of the Legal Notice, as published recently in the Long
Island Traveler-Watchman, Inc. and Suffolk Times, Inc.
Please have someone appear in your behalf at the time
specified in the event there are questions brought up during the
same and in order to prevent a delay in the processing of your
application. Your public hearing will not start before the
times allotted in the attached Legal Notice.
Please feel free to call our office prior to the hearing
date if you have questions or wish to update your file.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
Joseph H. Sawicki
James Dinizio, Jr.
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
NOTICE OF HEARINGS
SCOTF L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, the following hearings
will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular
Meeting, at the Southold Town Hall, Main Road, Southold, NY
11971, on THURSDAY, NOVEMBER 1, 1990, at the following times:
7:30 p.m. Appl. No. 3969 - ANDREW BURKARD. Variance to
the Zoning Ordinance, Article III, Section 100-32 for permission
to construct two-foot extention of garage attached to dwelling
with an insufficient front yard setback. Zone District:
R-40. Location of Property: 370 Uhl Lane, Orient, NY;
Orient-By-The-sea Subdivision Lot No. 167, Section Three,
Map 6160; 1000-15-5-24.13.
7:35 p.m. Appl. No. 3974 - DONALD L. OSANI (for GEORGE
BRUDERMANN JR., Owner). Variance to the Zoning Ordinance,
Article IIIA, Section 100-30a.3 for approval of re-separation
into two separate parcels as shown by separate deed conveyances,
Page 2 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of November 1,
1990
each lot having insufficient area and proposed construction to
meet setback requirements for this R-40 Zone District. Location
of Property: North Side of Bayview Road and the West Side of
Reydon Drive, Southold, NY; County Tax Map Parcel Nos.
1000-79-5-10 and 11.
7:40 p.m. Appl. No. 3980 - VIRGINIA OLGA LEE. Variance to
the Zoning Ordinance, Article XXIV, Section 100-244B for
approval of deck addition to dwelling with an insufficient
sideyard setback and reduced front yard setback. Lot area is
nonconforming is this R-40 Zone District. Location of
Property: 1455 Cedar Beach Road East, Southold, NY; County Tax
Map Parcel No. 1000-92-1-4.
7:45 p.m. Appl. No. 3978 - DONALD & DOROTHY SWAHN.
Variances to the Zoning Ordinance, Article III, Section 100-32
and Article XXIII, Section 100-239 for approval of insufficient
lot area and width (frontage) of two proposed parcels, each with
an existing dwelling, in this pending division of land. Zone
District: R-40. Location of Property: South Side of Park
Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-123-8-8.
Page 3 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of November 1,
1990
7:50 p.m. Appl.
the Zoning Ordinance,
XXVIII, Section 281, for permission to construct new dwelling
structure with an insufficient setback from existing bulkhead
and from the easterly (front) property line along Manhanset
Avenue. Lot area of parcel is nonconforming in this R-40
District. Location of Property: 730 Robinson Road and 980
Manhanset Avenue, Greenport, NY; County Tax Map Parcel No.
1000-34-5-20.
No. 3971 - VALERIE M. KRAMER. Variance to
Article XXIII, Section 239.4B and Article
Zone
7:55 p.m. Appl. No. 3976 - THOMAS AND MARIAN SANTACROCE.
Special Exception to the Zoning Ordinance, Article III, Section
100-31(9)(E) for permission to construct off-premises ground
sign to advertise for business purposes. Location of Property
for Sign: Southeast corner of Shipyard Lane and the Main Road,
East Marion, NY; County Tax Map Parcel No. 1000-38-1-1.2.
//~ 8:00 p.m. Appl. No. 3972 - PETROL STATION LTD. Variance
to the Zoning Ordinance, Article VII, Section 100-72 for
approval of proposed Lot #4 which will have insufficient area ln~
~his Residential-Office (RO) Zone District. Location of j
Page 4 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of November 1, 1990
property: North Side of the Main Road (265+- feet west of ~
Alvah's Lane), Cutchogue, NY; County Tax Map Parcel No.
I000-109-1-23
8:05 p.m. Appl. No. 3977 - BB'±-£'Y J. COPIN. Variance to
the Zoning Ordinance, Article III, Section 100-33B(4) for
permission to locate accessory (garage) building partly in the
side yard and rear yard with a setback at less than the required
20 feet from the southerly property line. The lot area of this
parcel is nonconforming at 40,000 sq. ft. in this R-80 Zone
District. Location of Property: 2195 Albertson Lane,
Arshamomaque, Greenport, NY; County Tax Map Parcel No.
1000-52-5-54.
8:15 p.m. Appl. No. 3979 - THOMAS J. GORMAN. Variances to
the Zoning Ordinance, Article III, Section 100-33 for approval
of location of two accessory (storage) buildings in the front
yard, as exist. The lot area of this parcel is nonconforming in
this R-80 Zone District. Location of Property: 18 Crescent
Drive, Mattituck, NY; County Tax Map Parcel No.
1000-121-4-23.
8:25 p.m. Appl. No. 3968 - IRENE R. MILLER. Variance to
the Zoning Ordinance, Article IIIA, Section 100-30A.3, and
Article XXIII, Section 100-239.4A for permission to locate
Page 5 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of November 1,
1990
proposed dwelling structure with a setback of less than 100 feet
from the top of the highest point (top of bluff) on this 42,930
sq. ft. parcel. The parcel in question is nonconforming as to
lot width (frontage) of less than the required 150 feet in this
R-40 Zone District. Location of Property: Lake View Avenue
(127+- feet southwest of Huntington Boulevard, a private road),
Southold, NY; County Tax Map Parcel No. 1000-68-3-10.
8:35 p.m. Appl. No. 3975 - ARTHUR G. CARLSON.
Interpretation and Variance to the Zoning Ordinance, Article
III, Section 100-30 (as disapproved by the Building Inspector)
for approval of mariculture uses to include delivery and storing
of seafood, packaging, freezing and/or preparation of raw or
cooked seafood (processing} for shipping and/or sales for
off-premises consumption. Zone District:
Conservation (AC). Location of Property:
Southold, NY; County Tax Map Parcel No.
Agricultural-
1575 Lower Road,
1000-69-5-13.2.
8:45 p.m. Appl. No. 3788 SUN REFINING & MARKETING.
Variances to the Zoning Ordinance, Article X, Sections 100-102:
(1) for permission to establish convenience store use in
conjunction with and accessory to the existing gasoline station
use on this substandard parcel which contains less than 30,000
sq. ft. in lot area for each use, and (2) for interpretation as
to height limitation of accessory (canopy) structure. Location
Page 6 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of November 1, 1990
of Property: Corner of the Easterly Side of Factory Avenue and
Northerly Side of the Main Road, Mattituck, NY; 1000-142-1-27.
Matters Recessed from September 26, 1990:
9:00 p.m. Appl. No. 3955 - DOMINICK SBLENDIDO & A.
AURICCHIO.
9:10 p.m. Appl. No. 3938 - VILLAGE MARINE.
The Board of Appeals will at said time and place hear any
and all persons or representatives desiring to be heard in each
of the above matters. Written comments may also be submitted
prior to the conclusion of the subject hearing. Each hearing
will not start before the time allotted. Additional time for
your presentation will be available, if needed. For more
information, please call 765-1809.
Dated: October 17, 1990. BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
Copies to the following on or about October 19, 1990:
Suffolk Times, Inc.
L.I. Traveler-Watchman
Town Clerk Bulletin Board (Main Lobby)
ZBA Board Members (with file copies)
ZBA Individual Files
Notice of Hearings
Z.B.A. - November 1, 1990
Copies of Legal Notice also to the following on or about
10/16/90:
Mr. and Mrs. Andrew Burkard, 40 Slocum Ave, Pt. Washington 11050
Mr. and Mrs. Donald L. Osani, 332 Throop St., N. Babylon 11704
Mr. and Mrs. George Brudermann, 10 Winter La, Dix Hills 11746
Mrs. Virginia Olga Lee, P.O. Box 1273, Southold 11971
Mr. & Mrs. Donald Swahn, P.O. Box 283, Mattituck 11952
Mrs. Valerie M. Kramer, P.O. Box 1360,"Southold 11971
Mr. & Mrs. Thomas Santacroce, 75 Shipyard La, East Marion 11939
J. Kevin McLaughlin, Esq., P.O. Box 803, Greenport 11944
Karen Hagen, Esq., P.O. Box 1424, Mattituck 11952
Mr. Curt Meyhoefer, 2195 Albertson Lane, Southold 11971 Mrs.
Mrs. Marie D. Cassidy, 2055 Albertson Lane, Southold 11971
Mr. Thomas J. Gorman, P.O. Box 1445, Mattituck 11952
Proper-T Services, P.O. Box 617, Cutchogue 11935
William D. Moore, Esq., P.O. Box 23, Mattituck 11952
Mr. Arthur G. Carlson, P.O. Box 693, Southold 11971
John Wagner, Esq., P.O. Box 279, Riverhead 11901
Philip J. Cardinale, Esq., Drawer W, Jamesport 11947
Marie Ongioni, Esq., P.O. Box 562, Greenport 11944
Charles R. Cuddy, Esq., P.O. Box 1547, Riverhead 11901
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
Joseph H. Sawicki
James Dinizio, Jr.
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF S~3UTHOLD
October
S.E. ,O,.R.A.
TYPE II ACTION' DECLARATION
SCOTt L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
' Telephone (516) 765-1800
17, 1990
Appeal No. 3972
Project/Applicants: Petrol Station Ltd.
County Tax Map No. 1000- ]09-]-23
Location of Project: Main Road, Cutch0gue,
NY
Relief Requested/Jurisdiction Before This Board in this Project:
Approval of proposed Lot #4 which will have insufficient area
in this RO Zone District
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.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicat~ng that no significant
adverse environmental effects are likely to occur should be
project be implemented as planned.
It is determined that this Board's area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617.2jj, this Department is
excluded as an involved agency.
This determination shall not,' hdwever, affect any other
agency's interest as an involved agency under SEQRA 617.2jj.
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765-1801
TO:
FROM:
RE:
DATED:
SOUTHOLD TOWN ZONING BOARD OF APPEALS
JUDITH T. TERRY, SOUTHOLD TOWN CLERK
ZONING APPEAL NO. #3972, PETROL STATION LTD.
AUGUST 27, 1990
Transmitted is application for variance submitted by Petrol Station, Ltd., submitted
by J. Kevin McLaughlin, together with notification to adjacent property owners;
dissapproval from Building Inspector; Short environmental assessment form;
questionaire to be completed and submitted to the Appeals Board; Certificate of
Accupancy dated 12/31,1986; Executor's Deed dated November 28, 1986 to Jane
Marie Morris and Josephine T. Rowland; one map of survey of proposed minor
subdivision for Petrol Stations Ltd.
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
Joseph H. Sawicki
James Dinizio, Jr.
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SCOFF L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
J. Kevin McLaughlin,
~28 Front Street
P.O. Box 803
Greenport, NY 11944
Esq.
Dear Mr. McLaughlin,
Enclosed you will find the Variance package that you had
submitted to this office regarding Petrol Station Ltd. We are
unable to file this Appeal until you have made an application
with the Southold Town Building Department and then at which
time you will receive a notice of disapproval.
if you require any further assistance, please contact this
office at 765-1809.
Very truly yours,
Gerard P. Goehrigner
By Doreen Ferwerda
Enclosure
ZBA/df
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
Date ...~../~. 2_ ., 19 ~..O
,o .~.~....4Z'..,/~...~.~.:.
PLEASE TAKE NOTICE that your application dated ......~./~. ~ ............. 19 ~..~..
for permit4~ ... ~S~.'.~.~ ..... ~...~. .... . .................... at.
Location of Property .~..~..~.~ .~..7. ............ ~ :...~..~. ............ ~..~..~.~
House
County Tax Map No. 1000 Section . -./~..~. .. Block Street ..... - ,' Hamlet'/
........ /... Lot ....~..~,~ ......
Subdivision ................. Filed Map No ................. Lot No ..................
is returned 13erewith and disapproved on the followin,, rounds
j ~"'" 7;,' :' :'"2"'Z2'-2' '~7""~'~'/ .... ~. ...... .~--..-,ff'.~-~.- .....
..... ' ....
RV 1/80
The N.Y.S. Environmental Quality Review Act requires submission
of this form, and an enviro'nmental review will be ~:ade by this board
before any action is taken.
SHORT ENVIRONMENTAL ASSESSMENT FO~{
INSTRUCTIONS:
(a) In order ~o answer the questions in this short EAF it is assumed
that the preparer will use currently available information concerning the
project and the likely impacts of the action. It is not expected that
additional studies, research or other investigations will be undertaken.
(b) If any question has been answered Yes the project may be sig-
nificant and completed Environmental Assessment Form is necessary.
(c) If all questions have been answered No it is likely that the
project is not significant.
(d) Environmental Assessment
1. Will project result in a large physical change
to the project site or physically alter more
than 10 acres of land? Yes X NO
2. Will there be a major change to any unique or
unusual land form on the site? Yes X No
3. Will project alter or have a large effect on
an existing body of water? Yes X No
4. Will project have a potentially large, impact on
groundwater quality? Yes X NO
5. Will project significantly effect drainage flow
on adjacent sites? - Yes X NO
6. Will project affect any threatened or endangered
plant or animal species? Yes X No
7. Will project result in a major adverse effect on
air quality? Yes X No
8. Will project have a major effect on visual char-
acter of the community or scenic views or vistas
known to be important to the community? Yes XNo
9. Will project adversely impact any site or struct-
ure of historic, pre-historic, or paleontological
importance or any site designated as a critical
environmental area by a local agency? Yes X No
10. Will project have a major effect on existing or X
future recreational opportunities? _~Yes NO
11. Will project result in major traffic problems or
cause a major effect to existing transportation
' systems? . Yes X._._No
12. Will project regularly cause objectionable odors,
noise, glare, vibration, or electrical disturb-
ance as a result of the project's operation? - Yes X~No
13. Will project have any impact on public health
or safety? .. Yes X___No
14. Will project affect the existing conununity by
directly causing a growth in permanent popula-
tion of more than 5 percent over a one-year Yes X No
period or have a major negative effect on the
charact~ of the co~ununity or,4~hborhood?
Repreeentxng: /Pet~] Sta~tio~s. L~. Date: 8/ ~ /90
ZBA ~/75
~' ~PROJECT I.D. NUMBER
t 617.21%
Appendix C
StBte Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
1, APPLICANTISPONSOR 2. PROJECT NAME
Petrol Stations, Ltd. Minor S~bdivision
-3. PROJECT LOCATION:
SEQR
Munlclballty Cutchogue County Suffolk
4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map)
Tax Map #1000 - 109 01 - 23
5. IS PROPOSED ACTION:
;~New [] Expansion [] Modificationlalteratfon
6. DESCRIBE PROJECT BRIEFLY:
Proposed subdivision as per attached map.
?. AMOUNT OF LAND AFFECTED:
Initially 5. 83 6 5. 836
. acres Ultimately acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LANe USE RESTRICTIONS?
[] Yes ~No If No. describe briefly
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
X~ Residential [] I~clustRal X~c0rnmercial [] Agricullure O Park~F0rest/Ope, s,ace [] OIher
Describe:
M±xed
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY PROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,
STATE OR LOCAL)?
[] NO I! yes, list agency(s) and permit/approvals subdivision approval from Southold
Town Planning Board
~ !. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes ~ No (f ye~. list agency name and permit/approval
t2. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REOUIRE MODIFICATION?
[] Yes [] No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
ou are a state agency, complete the I
I Coastal Assessment Form before proceeding with this assessment
I
OVER
I
(Continued on reverse side)
QUESTIONNAIRE TO BE COMPLETED AND SUB~[ITTED
~ITI[ YOUR APPLICATION FO~IS TO THE BOARD OF APPEALS
Please complete, sign and return to the Office of the Board of Appeals
with your completed application forms. If "Yes" is answered to any
questions below, please be sure to depict these areas on your survey
(or certified sketch), to scale, and submit other supporting documenta-
tion.
1. Are there any proposals to change or alter land contours?
2.a)Are there any areas which con=min wetland grasses?
(Attached is a list of the wetland grasses defined by
Town Code, Ch. 97 for your reference.)
b)Are there any areas open to a waterway without bulkhead?
Yes
Are there existing structures at or"below ground level,
such as patios, foundations, etc?
Are there any existing or proposed fences, cDncrete
barriers, decks, etc?
If project is proposed for an accessory building or
structure, is total height at more than 18 feet above
average ground level? State total: ft.
If project is proposed for principal building or
structure, is total height at more than 35 feet above
average ground level? State total: .... ft.
~ No
Yes ~
Yes
®
Are there other premises under your ownership abutting
this parcel? If yes, please submit copy of deed.
Are there any building permits pending on this parcel
(or abutting land under you~ ownership, if any)?
State Permit # and Nature:
Yes
Yes ~
Do state whether or not applications are pending
concerning these premises before any other department
or agency (State, Town, County, Village, etc.):
Planning Board
Town Board
Town Trustees
County Health Department
Village of Greenport
N.Y.S.D.E.C.
Other
Subdivision Application
10.
Is premises pending a sale or conveyance?
If yes, please submit copy of names or purchasers
and conditions of sale. (from contract)
11. Is new construction proposed in the area of contours
at 5 feet or less as exists?
12. If new construction is proposed in an area within
75 feet of wetland grasses, or land area at an eleva-
tion of five feet or less above mean sea level, have
you made application to the Town Trustees for an
~ ' inspection for possible waiver or permit under the
requirements of Ch. 97 of the Town Code?
13.
Please list present use or operations conducted upon the
subject property at this time offices on proposed Lot 4
and proposed residential subdivision of remaining lots.
~> No
Yes ~
Yes
Yes ~
Yes ~
Yes ~
Yes ~
Yes
Yes
Please submit photographs for the record.
I certify tha~~ above ~t0~tements are true and are being submitted
for~
relianc~~~~[A_b~//~/ ar als in considering my applicatior~.
re uthorized Agent.)
WETLANDS [Amended 8-26-7{i by L.L. No. 2-1976;
85 by L.L. No. 6-1985]:
A. TIDAL WETLANDS:
(1) All lands generally covered or intermittentll~
ered with. or which bordcw on, tidal waters, or lamls
lying beneath thlal waters, which at mean Iow tide
are covered by tidal waters to a maximum de~h of
five (5) feet. including but not limited to banks.
hogs. salt marsh, swamps, meadows, flaL~ or ~her
low lying lands subject to tidal action:
(2)
All banks, bogs, meadnws, fiats and tid.M marsh
subject to such tides and upon which grows or may
grow some or any of the following: salt hay, b,'ack
grass, saltworts, sea lavender, tall cordgra~, high
bush, cattails, gronndsel, marshmallow and Iow
march cordgrass; and/or
All land immediately adjacent to a tidal wetland as
defined in Subsection A~2) and lying within seven-
ty-five (75) feet landward of the mast landward
edge of such a tidal wetland.
FRESIIWATER WETLANI)S:
(1) "Freshwater wetlands" as defined in Article 24. Ti-
tle 1, § 2,1-0107, Subdivisions l(a) to l(d) inclusive,
of the Environmental Conservation Law of the Slate
of New York: and
(2)
All land immediately adjacent to a "freshwater wet-
land," as defined in Subsection B(1):md lying with-
in seventy-five (75) feet landward of the most land-
ward edge of a "freshwater wetland."
9705
TOWN OF SOUTtIOLD
OFFICE OF BUILDING INSPECTOR
TOWI~ tLtLL
SOUTItOLD, NEW YORK
CERTIFICATE OF OCCUPANCY
NONCONFORMING PREMISES
THIS IS TO CERTIFY that the
/ / Land
/'~/ Building(s)
I-I Use(s)
Pre C.O. ~- Z-15156
Date- December 31, 1986
located at 25235 Main Road Cutchogue, N.Y.
Street Ha~nlet
shown on County tax map as District 1000, Section 109 , Block
01
Lot 23 , does[not)conform to the present Building Zone Code of the
Town of Southold for the following reasons:
Insufficient front yard set-back; shed has insufficient side yard
set back.
On the basis of information presented to the Building Inspector's Office,
it has been determined that the above nonconforming /Z/ Land I~:]. Building(s)
/--/Use(s) existed on the effective date the present Building Zone. Code of the
Town of Southold, and may be continued pursuant to and subject to the appli-
cable provisions of said Code.
IT IS FURTHER CERTIFIED that, based upon information presented to
the Building Inspector's Office, the occupancy and use for %vhich this Certifi-
cate is issued is as follows:Property contains 2 story,one family, wood
framed dwelling; 2 story shop, wood framed garage; 2 sheds, and
all situated in the 'A' Residential Agricultural zone with access to
Main Road; a State Road
The Certificate is issued to JANE MARIE MORRIS & AMY KING (ESTATE OF
of the aforesaid building.
(owner, l~YoTxl~)~Josephine Rowland)
Suffolk County Department of Health Approval N/A
UNDERXVRITERS CERTIFICATE NO.
N/A
NOTICE IS HEREBY GIVEN that the owner of the above premises Iq_iS
NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec-
tor to determine ff the premises comply with al! applicable codes and ordin-
ances, other than the Building Zone Code, and therefore, no such inspection
has been conducted. This Certificate, therefore, does not, and is not intended
to certify that the premises comply with all other applicable codes and regula-
tions.
;L;uii d m,C inspector
TAX MAP
DESIGNATION
Di~L 1000
S~. 109.00
BIk 01.00
Lot('iO23.000
10226
THIS INDF. Jq'I~RF_~ made the 24th day of November , nineteen hundred and Eighty-Six
JANE MARIE MORRIS, residing at
R.D. ~,~o~-f~,~oute 14[, Middleburgh, New York 12122, and
AMY KING, residing at 814 H Court Street, Keene, New Hampshire 03431,
as~:~eeutor s of
JOSEPHINE T. ROWLAND
Suffolk County
who ~edon the 3rd day of
party ofthe first part, and
March
the last ,dll and testament of
, late of
, nineteen hundred and eighty-six
~TEOL STATIONS LIMITED, a New York Corporation with principal place of business at
'(No #) Love Lane, Mattituck, New York 11952,
party of the second
WI'£NEMSETH, that the party of the first part, to whom letters
testamentary were issued by the Surrogate's Court, Suffolk County, New York
on December 18, 1986 and by virtue of the power and authority given in and by said la.st will
and testament, and/or by Article 11 of the Estates, Powers and Trusts Law, and in consideration of TWO HUNDRED
EIGHTY FIVE THOUSAND AND 00/100 ................ ($285,000.00) .............. x~ollars,
paid by the party of the second part, does hereby grant and
release unto the party of the second part, the distributees or successors and assigns of the party o[ the second
part forever,
All. that ce~'tain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate,
lyingandbeingi-:ltm~ at Cutchogue, in the Town of Southold, County of Suffolk and
State of New York, bounded and described as follows:
BEGINNING at a point on the northerly side of Main Road (NYS Route 25)
distant westerly 264.57 feet from the corner formed by the intersection of the
northerly side of Main Road and the westerly side of Alvah's Lane; running
THENCE along the northerly side of Main Road, South 56° 00' 00" West
150.30 feet to land of John Haurus;
THENCE along said land and along land now or formerly of Ruth Coyne,
formerly Haff, North 44° 48' 40" West 332.45 feet;
THENCE still along land now or formerly of Ruth Coyne and along land
of Sidney Beebe, formerly Edward Haff, South 56° 56' 30" West 321.31 feet to land
of Milton Meltzer;
THENCE along said land
Middle Main Associates, formerly
THENCE along said land
Paul Kalowski;
THENCE along said land
Eugenia Kapusta;
THENCE along said land
Alexander Zelinski;
THENCE along said land and along land of Margaret McCaffery, Thomas
McCaffery, Cyril McCaffery and Agnes Kuhlman, formerly L. B. Horton, South 43°
03' 00" East 788.86 feet to the northerly side of Main Road, at the point or place
of BEGINNING.
North 45° 17' 00" West 45.51 feet to land of
Andrew Dickey;
North 43° 08' 30" West 352.17 feet to land of
North 50° 04' 00" East 360.89 feet to land of
North 47° 21' 50" East 117.06 feet to land of
BEING and intended to be the same premises of which Josephine T. Rowland
died seized and possessed, a resident of Suffolk County, New York on 3/3/86.
REAL ESTATE
JAN21'
'II~ANSFER TAX
SUFFOLK
COUNTY
:1.0226
TO~ with all right, title and interest, if any, of the party of the first part ha and to any streets and
roads abutting the above described premises to the center lines thereof,
TO~il~'l'l-l~. with the appurtenances, and also all the estate which the said dec,lent had at the time of
decedent's death in said premises, and also the estate therein, which the party of the first part has or has power
to convey or dispo~ of, whether individually, or by virtue of said will or otherwi.~,
TO i'IA~ AI~ID TO HOLD the premises herein granted unto the party of tl~ second part, the distributees
or successors and assigns of the party of the second part forever.
AI~D the party of the first part covenants that the party of the first part has not done or suffered anything
whereby the said premises have been incuxnbered in any way whatever, except as aforesaid.
AI~ID the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the
first part will receive the consideration for this conveyance and will hold the right to receive such consideration
as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the
same first to the payment of the cost of the improvement before using any part of the total of the same for any
other purpose.
The word "party" shall be construed as if it read "pasties" whenever the sense of this indenture so requires.
~ WI~I'I~-~-~ WI4EI~aOI~', th~ party of the first part has duly executed this deed the day and year first above
written.
JAlqE MARIE MORRIS
10226
~TAT~ OF NEW YORK, COUNTy OF SCHOHARIE ss..
On the. ~ day of ~/0~0 ¢~' 19~(~ , befor, me
personnlly enme
JANE MARIE MORRIS
t~ me known to be the iadi~ddual described in and who
executed the foregoing instrument, and admowledged that
she executed the same.
WANDA J. KING
Notary I~blic, State of New
Residing ir' Sch'~harie Co,mW
My Commission ~r×p~r~s- f-~g3L.~'_,t~
STATE OF NEW YORK, COUNTY O~ sm
On the day of 19 , be{ore me
personally came
to me known, who, being by me duly sworn, did depose and
say tlmt he resides at No.
that he is the ;
of
, the corporation described
in and which executed the foregoing imstrument; that he
knows the seal of said corporation; that the s~l sffixed
to said instrument is such corporate seal; tlmt it wa~ so
affixed by order of the board of directors ef said corpora-
tlon, alld that he signed h n~me theism by like order.
NEW HAMP S~RE
STATE 0~ COUNTY O' ~/}~)/~/.,/l_ ~
~rm~y ~e
~ KING
me
to me known to be the individual described in and who
exemted the foregoing instrument, and admowledged that
she executed the same.
STATE 01: NE'V~ YORIC, COUNTY OIt sst
On the day of 19 , before me
personally came
the subscribing witness to the foregoing instntment, with
whom I am personally acquainted, who, being by me duly
sworn, did depose and say that he resides at No.
tha? he knows
to be the individual
described in and who executed the foregoing instrument;
that he, said subscribing witness, was present and saw
execute the same; and that he, said witness,
at the same time subscribed h .mine ss witness thereto.
Cxemtot'~ ~eeb
T~s No. 605-S-3021
JANE MARIE MORRIS & AMY KING, as co-
Executrices under the LW&T of
JOSEPHINE R. ROWlaND
PETROL .STATIONS LIMITED
JTITLE GUARANTEE-
NEWYORK
SECTION
BLOCK
LOT
COUNTY OR TOWN
TAX BILLING ADDRESS
Recorded At Reduest Gl Tho Title Guarantee Company
ku~u~tH BT MAI~ TO:
WILLIAM H. PRICE, ESQ.
828 Front Street
Greenport, New York 11944
kleeting Date: Nov. l, 199.0'.A~ 2-¢/ /??6z~.
Appeal No.
Members Absent, if any:j~_ Applicants:
Relief requested and ~'ocatic)n: Approval of p~oposed
~nsuffic~ent area in t~s R0 Zone District
Mai n Rd.
Cut.ch'og ue
109-1-23
Resolution made by:
Seconded by:
3972
Petrol Station Ltd.
Lot #4 which will have
Charles Serge J ames Cerard Joseph
Crigonis Doyen Oi ni z i o Coeh. ringer Sawicki
( ]) (-) ( ) ( )~ ( )
( ) C ) ( ) ( ) C )
ACTION: · ·
( ) Approve as applied ( )
( ) Deny as applied ' ( )
( ): Deny without prejudice ( )
( ) Deny
( ) TJithdr,awn ~¥ithout Prejudice as requested
( )--Approve with the following Conditions:
[I]
Subject to County Planning Referral
Subject to Planning Board approval
Subject to D,E.C.
[2]
'[3]
[4]
· i ; [ ] This Variance is temporary
( ) Special Exception criteria appli(of two years, EXCEPT
( X ) Prior application conditions applicaI[
NOTES:
VOTE OF THE BOARD:
for a maximum period
........ within this
where the pro3osed subdivision has been
finalized ~y all agencies a~nd the parcels
have been transferred by deed or other
legal conveyance to reflect the.subdivi-
sion lines accordingly.
a building permit has been properly
issued and construction commenced
limited two-year period.
Ayes: ( ) CC ( ) SD ( ) JD ( ) GG ( ) JS
Nays: ( ) CC ( ) SD ( ) JD ( ) GG ( ) JS
Abstain: ( ) CC ( ) SD ( ) JD ( ) CC ( ) JS
Absent: ( ) CC ( ) SD ( ) JD (. ) CC; ( ) JS
Resolution was passed: ( ) unanimously
Resolution was not passed: { ).
This application was recessed until
( ) by majority vote
PLANNING BOARD MEMBERS
Bennett Orlowski, Jr., Chairman
George Ritchie Latham, Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
Telephone (516) 765-1938
J. Kevin McLaughlin
828 Front Street
Greenport, Ne w York
P L A NTNoI NWN%FB sOoAuRT~_iD oOLFDF I C ~ ,~ ~i~°L)A~0-'0~,
November 27, 1990
11944
SCOTt L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York I 1971
Fax (516) 765-1823
Dear Mr.
McLaughlin:
RE:
Subdivision Application for
Petrol Stations Ltd.
SCTM# 1000-109-1-23
The Planning Board has re-reviewed the subdivision
application for the above mentioned parcel in reference to the
lot located in the Residential/office (RO) District.
The Board is amending its prior request that the lot line
follow the boundary of the zoning line. The lot to be located
in the RO and the R-40 Districts can be designed as a 40,000
square foot lot. However, the Board will require that a
Declaration of Covenants and Restrictions be filed stating that
the area in the R~40 District is to be left in-its natural state
to act as a buffer to the residential zone.
Should your client redesign the layout as noted above, an
area variance from the Zoning Board of Appeals will not be
necessary. However, variances may be required for those lots
that do not meet the minimum requirements for lot width and or
depth.
It should be noted that the map that was submitted to the
Planning Board is for three (3) lots. The Board can not review
the four (4) lot proposal that was submitted to the Zoning Board
of Appeals for the variance unless you revise your application
before the Planning Board and submit revised maps.
Please contact this office if you have any questions
regarding the above.
Very truly yours,
~ ~ ~/~
Bennett Orlowski, Jr.
Chairman
cc: Gerard p. Goehringer, Chairman, Zoning Board of Appeals
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
Joseph H. Sawicki
James Dinizio, Jr.
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
ScoTr L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
UPDATE FOR THE FILE
SUBJECT: Petrol Stations
11/26/90 Discussion today with Melissa who indicated the
Planning Board is not happy with the subdivision layout which is
before the Z.B.A. although their letter of October 5, 1990 to
the Z.B.A. indicates they have no objection to proposed Lot
No. 4 of 25,603 sq. ft. in area. Melissa also indicated that
the P.B. Chairman was to contact the Z.B.A. about this.
11/26/90 Called J. Kevin McLaughlin, Esq. advising him that the
Planning Board staff will be drafting a sketch with their
recommended layout to be submitted with a different P.B. letter.
11/27/90 Z.B.A. Chairman confirmed that Ben Orlowski (PB
Chairman ) indicated that the lot-line layout would be changedto
conform to zoning without necessitating a variance.
lk
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
Joseph H. Sawicki
James Dinizio, Jr.
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SCO'I'F L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephooe (516) 765-1800
FROM:
DATE:
SUBJECT:
Planning Board
Attention: Melissa
Board of Appeals~
November 27, 1990
Petrol Stations Subdivision
This will confirm that the Planning Board Chairman has contacted
us, and it is our understanding that the subdivision will be
re-drawn to eliminate the necessity of a variance {similar to
the lot lines (not sizes) that was planned in the Matter of Adam
Associates}.
In the interim, we will recess the variance application and
await the outcome of this change or notice by the applicant's
attorney to proceed.
Please keep us up-to-date.
t COUNTY OF SUFFOLK T~.mSOUTHOLD
' Re~al Property Tax Service Agency v~L~ f
~tw
I-lC)
PLANNING BOARD MEMBERS
Bennett Orlowski, Jr.. Chairman
George Ritchie Latham, Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
Telephone (516) 765-1938
on ~? ~ I I SCO'I'F L. HARRIS
Town Hall, 53095 Main Road
P.O. Box I 179
Southold, New York 11971
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD Fax (516) 765-1823
Gerard P. Goehringer, Chairman
Zoning Board of Appeals
FROM:
RE:
Bennett Orlowski, Jr., Chairman~/~t
Petrol Stations Ltd.
SCTM# 1.000-109-1-23
Appl. No. 3972
DATE: October 5, 1990
The Planning Board has reviewed the above mentioned application
in reference to the area variance which is before your Board.
The proposed lot, which is located within the boundaries of the
Residential/Office (RO) District is 25,603 square feet in
area, excluding the right-of-way. The minimum lot size in a
RO District is 40,000 square feet in area. Thus, the proposed
lot is 14,397 square feet shy of the minimum requirements for
this zone.
The Planning Board has no objection to the granting of an area
variance for Lot Number 4 in the above mentioned subdivision.
This non-conforming lot was created by the arbitrary
Residential/Office District line.
It should be noted that the Planning Board will be requiring
that all lots have access from the proposed road.
Also, the map that was submitted to your office for purposes of
the area variance is different from that which was submitted to
the Planning Board office for the subdivision proposal. The
application before the Planning Board is for a three lot
subdivision. This revision, as with the other amendments which
were made to the map, will be reviewed by the Planning Board
during the subdivision review should the area variance be
granted by your Board.
TYPICAL SEWAGE D~SPOSAL SYSTEM
THE SEWAGE DtSPOSAL FACILITIES FOR
ALL LCTS IN THIS DEVELOPMENT COMPLy
AREA : 76797 ACRES
MINOR SUBDIVISIO~
FOR
ADAM ASSOCIA'
· :ALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
Joseph H. Sawicki
James Dinizio, Jr.
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
scoTr L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
MINUTES
REGULAR MEETING
THURSDAYt NOVEMBER 29, 1990
A Regular Meeting was held by the Southold Town Board of
Appeals on THURSDAY, NOVEMBER 29, 1990 at 7:30 o'clock p.m. at
the Southold Town Hall, Main Road, Southold, New York.
Present were: Gerard P. Goehringer, Chairman; Member Serge
Doyen, Jr., Member Charles Grigonis, Jr. and Member James
Dinizio, Jr. (Absent was: Member Joseph H. Sawicki.) Also
present was Board Secretary Linda Kowalski, and approximately 40
persons in the audience at the beginning of the meeting. The
court stenographer arrived at 8:00 p.m., as requested, for
recording and transcription of the hearings commencing at 8:05
p.m., and thereafter.
The Chairman opened the meeting at 7:30 p.m. and proceeded
with the following public hearings. Verbatim transcripts of
each hearing has been prepared under separate cover and attached
hereto for reference.
7:30 p.m. Appl. No. 3972 - PETROL STATION. The hearing was
opened and recessed without a date pending an alternative
subdivision plan to be re-drawn by the Planning Board (without
the necessity for variances, as originally referred to the ZBA).
PLANNING BOARD MEMBERS
Bennett Orlowski, Jr., Chairman
George Ritchie Latham. Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
SCOTI' L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold. New York 11971
Fax (516) 765-1823
August 5, 1993
Thomas J. Gorman
Gorman-- Petrol Group
Love Lane
Mattituck, New York 11952
RE:
Subdivision Application for
Petrol Stations Ltd.
North Side of Main Road,
Cutchogue
SCTM# 1000-109-1-23
Dear Mr. Gorman:
As you know, the issue pertaining to the amount of land required
per use for Lot Number 4 in the above mentioned proposed
subdivision has been reviewed in depth by the Planning Board,
Zoning Board and Town Attorney.
I have enclosed a copy of a memorandum from Matthew Kiernan,
Assistant Town Attorney, addressed to both the Zoning Board of
Appeals and the Planning Board, in regard to the above mentioned
issue. As stated in the memorandum, one hundred twenty thousand
(120,000) square feet of lot area is required for the three
principal uses currently existing.
Before the Planning Board can proceed with this application the
map must be revised so that Lot Number 4 contains enough area
for each use. As you know, your client has the right to follow
the procedures to apply for an area variance from the Board of
Appeals for proposed Lot Number 4. However, the Planning Board
can not guarantee that such a variance will be approved.
Please contact this office if you have any questions regarding
the above.
Sincerely,
Ri~c/har~G. '~r~~
Chairman
enc.
cc:
J. Kevin McLaughlin, Attorney for Applicant
Gerard P. Goehringer, Chairman, Zoning Board of Appeals
Matthew ~. Kiernan, Assistant Town Attorney
~A. ARNOFF
;~To~n A,tomey
MA'ri'HEW G. KIERNAN
~t Towa Atto~ey
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
.SCOT-r L IIARRIS
Supcr~ru-,r
Town tlatl. 53095 Main R(~ad
P.O Box 1179
$outhold. New York 11971
Fax (516) 765-1g23
Telephone (516) 765-1800
MEMORANDUM
TO:
Gerard P. Goehringer,
Chairman of the Zoning Board of Appeals
Richard G. Ward,
Chairman of the Planning Board
FROM: Matthew G. Kiernan,
Assistant Town Attorney
RE: Petrol Stations
SCTM# 1000-109-1-23
As you recall, on July 8, 1993, we met with regard to the
above-referenced application. After discussing the matter, it was agreed that
the issue in dispute concerned the [nterpretatlon of § 100-71(B) of the Zoning
Code and, more specifically, whether each use permitted by that Section
required forty thousand (q0,000) square feet of lot area.
The wording of the Town Code seems clear. The phrase "...
provided that not more than one (1) use shall be allowed for each forty
thousand (~0,000) square feet of lot area: ..." is unambiguous. As a matter
of statutory construction, each principal use permitted by special exception
under this section shall require forty thousand (L~0,000) square feet of lot
area.
With regard to the above-referenced application, it would appear
that one hundred twenty thousand (120,000) square feet of lot area is
required for the three principal uses currently existing (i.e., architect's
office, residential use of a house and a real estate office).
I trust that the foregoing resolves the issue in
you require anything further from me, please let me know.
cc: Harvey A. Arnoff, Town Attorney
dispute.
Should
BUILDING PERMIT REVIEW PROCEDURE
Conditions not met
,[
' Building permit
'must be denied
Applicant can seek
relief by:
complying with requirements
revising plans
seeking a zoning change
- seeking a variance
requesting an interpretat on
of building inspector decision
Satisfactory relief achieved
[- B uilding permit issued
Request made to building inspector
~- for building permit
Reviewed by building inspector
for compliance with
zoning ordinance
subdivision regulations
building codes, etc.
health dept. regulations
All conditions met
Building permit issued
Construction completed
according to plan
i'Certificate of
occupancy issued ]
Site plan approval or special
use permit re~ uired
Applicant referred to appro-L
priate body (planning
board of appeals or legis- ']
lative body } for review
Approval received
Building permit issued
'"'"I .i(~ COUNTY OF SUFFOLK 'rm,.mSOUTHOLD
I 'JL~-J-- I' ' "'0 '"lR.a~ P,'op,,.',, T,:,x S,,r,,i,:. Age.,:y
I-ID
FO',,V?4 OF SOb;TIIOLD .~.
C ?ICl2. OF DUILDING INSFCCT~
~ SOUTltOLD, NEW
CEP, TIFICAT.'.'. Ob" OCC[TPA[:CY
NONCONFO.~MING
THiS !S TO C7..qTIFY ~lmt th.~
I--I Land
I'Xl Build!nd(s)
Pre C.0. #-' Z-ISIS6
Dar. n- Duc v.'nbe r 3~, 1986
Cu;choau.,
H~mlct
Lot 23
Town of Southold fo~' the fo!l~wi,n~ re,sOho;
Insufficient front yard me~-baokl mhod h~
~et b~ck.
it has bmon dete.-'mi.n~d thai th.- above nonconforming ~/~-.~nd /~'-4 lluilding(~)
/:/U~e(s) exiated on the effective date the present Ltulldin~ Zone· Code al the
Tovm of Southold0 and may be continued pursuant to and subject to %he appli-
cabl~ Provl~lon~ of ~aid Code.
IT IS FURTHEH CEI~TIYLI~D that, l~ased upon m~o. ma:ion'prosented to
the lBuildtn~ ln~peotor'm'O/flce, the occupancy end use for which this Cert/fi-
cate ii lsiued La as £ol!owe; ~ropercy contains 2 atory,~ne family, wood
flamed d~ol ; 2 e~ory ahop, woo~ framed garage; 2 aheds, and
The Certlflo&te lh~ iosued to
of th~ ~for~:~td bull,al'lng,
~uffolk County Department cf Health Approval ..
UNDE~V, rf{ITE~$ CERTIFICATE NO,
NOTICE IS HEREBY GIVI~N thc: the owner of tl~e above premises HAS
1WOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec-
tor to determ~tne ~ the premises c~mply with all applicable codes and ord~-
ance~, other than :he Dui!dln~ Zone Cod~, and therefore, no suctl inspection
has been conducted, This Cei'tificate, thercfoce, does not, and Il; not h:tended
to eeetifg that th~ promise~ CUflIpl~ with all other applicable codua and rcgula-
;.un nL, respecter ..;.
TOWN OF $OUTHOLD PROPERTY RECORD CARD
?'~o~ - /~ ~-/- 0-~
OWNER STREET VILLAGE DIST. SUB. LOT
,FO~ER OWNER N.. . E ACR*
* S ~ W ~PE OF BUILDING '
RES~O S~S. VL. FARM CO~. CB. MICS. Mkt. Value
~ND IMP. TOTAL DATE RE~RKS
./ /
AGE BUILDING CONDITION
N~ NOR~L BELOW ABOVE
FA~ Acre Value Per V~lue
Ac re
Ho~lot ~ BULKH~D
Total D~K
COLOR
TRIM
Extensidn
Extensibn
Extension
I
Breezeway
Garage
J~atio
Total
70'
'J Fire Place
Roof
Bath
Floors
Interior Finish
Heat
Rooms Ist Floor
Rooms 2nd Floor
Driveway
J Dinette j
BR.
FIN. B
- ST~T-'- ')F NEW YORK .......................
COUNTY SUFFOLK C R 0 S S R E
~TO~N OF S OUTHOLD P ARC EL.---I ~ E ~T 1[ F [ C-AT [ 0 N -~ t~ Q U E~
S',/[ S 4?3889
Y CK 1988
-- °ARCEL ID
R DG N A M E LAND TOT/
-"
C XQ CROSS JAMES 6,700
N XQ CROSS JAMES 6,700
C YM KRESPACH FREDERICK 2~-' 8,~
C MO CARNATION PROPERTIES [ 1~,?00
CML WICKHAM WILLIAM 17~F~O
C NE WICKHAM HOMESTEAD [NC 1,600 6,?
~1~ NX CUTCHOGUE FARMS LTD 1~00 15,-
C OQ BARON [YGMUNT & WF 400
C--PJ-PETRASH'ROSE ................. 300 :
~(~ QC BARISIC ANNA 600
C RO BEE~-E THOMAS E 1,600
C SH BEEBE SIDNEY & WF 700
/~ NG BEEBE SIDNEY g WF 800
/C ND HAURUS BARBARA 600 3~
~'NW H~URUS'~RBARA M 300
JOHN H & WF ~O[)
~.C' QE KALOSKI PAUL TONY 11,000 15,;
C RA KAL~)-~KI PAUL ~-~ WF 1.200
C QB TYNJEC DORIS & ANO 1,000
'--'~G9.-1-26 ....... C-QU'KAPU~-K~ EUGEN~ ..... 1;~DU
~09.-1-27.~,-- ~/~ RN ZELINSKI A & WF 80~
--~dOo.-1-~$~ ~[ SG ZELINSKI ALEX
~.-1-29~'/ ~ SZ HIGBEE JONAS E JR & WF ?00
~00.-1-31/ ~ NV DAVEY WADE W & WF 800
~'109.-I-32 C O0 DERMODY NANCY D
109.-1-33 C PH KAELIN FRED W & WF 500
10Q.-1-~5 C QT GRATHWOHL JAMES F & AN 700
~09.-1-36 C EM GRATHWOHL RUTH G 1,400
109.-1-37 C SF ELAK JOHN & WF 1,100
~)09.J~'1 -C M~-~V~ BRIAN-& SUSAN
1~9.-2-~.1 C NY ROUSSEAU BERNARD & EL1 2,100
~09.-2-2.~ C OU ROUSSEAU BERNARD -&~Ct---
109.-2-2.2 N OU ROUSSEAU BERNARD & ELI 2~100
109.-~-~ C O0 FEASER CAROLINE ~ 500
~109.'~-5 ~P~R~E~ESE DOROT~Y~ 500
109.-2-6 C QA GRATHWOHL JAMES F 1,100
109.-2-8 C RM GRATHWOHL RICHARD W 800
~09.-2-9 C--S~T~OHL RICHARD W 1~00'~
1Qg--2-10 C MI GROHOSKI EDWARD 600
~109.-2-11 ................. C-"N~-'HOPKINS ROBERT &'WF .................
109.-2-12.1 C OQ GATEWOOD DALLAS l
-'--109.;2~12_2 C PM POPE MICHAEL J ~ WF
10g.-2-12.3 C QI LOMBARD[ GUIL[ANO & MA 1,600
109.-2-12o5 C SA EDSON L P 1,200
PAGE
TOTA'L--S-~
.......... 51"PARCELS CACT'IVE)'~~-
TOWN CLERK
TOWN OF $OUTHOLD '3 6 7 5 9
Suffolk County, New York 516 - 765-1801
Jndilh T. Ter~'y, Town Clerk
.Cash [] Cheek ~] ~ ~7' ~/ By~
"~'~" J ,J- (~) COUNTY OF SUFFOLK ~mSOUTHOLO
~ J~ ' '" '"JReal Property Tax Service Agency ~m
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
Joseph H. Sawicki
James Dinizio, Jr.
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SCOTT L. HARRIS
Supervisor
Town Hail, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
TO WHOM IT MAY CONCERN:
Enclosed herewith as confirmation of the time, date and
place of the public hearing concerning your recent application is
a copy of the Legal Notice, as published in the Long Island
Traveler-Watchman, Inc. and Suffolk Times, Inc.
Please have someone appear in your behalf at the time
specified in the event there are questions brought up during the
same and in order to prevent a delay in the processing of your
application. Your public hearing will not start before the time
allotted in the attached Legal Notice.'
Please feel free to call our office prior to the hearing
date if you have any questions or wish to update your file.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
Enclosure
Copies to the following on or about 11/13/90:
L.I. Traveler-Watchman (delivery 11/13)
Suffolk Times, Inc. (delivery 11/13)
Bulletin Board (Lobby)
Individual ZBA files
J. Kevin McLaughlin, Esq.
Mr. Herbert Lindtveit (hand-delivery 11/13)
Mrs. Beverly Lehr (hand-delivery 11/13)
Mr. John Scaramucci, P.O. Box 1043, 2045 Westphalia Road,
Mattituck, NY 11952 (Re: Vangi)
Mr. Sanford Friemann, P.O. Box 915, Cutchogue 11935 (Re: H & S)
Mr. Curt Meyhoefer, 2195 Albertson La, $outhold 11971 (Re: Copin)
Marie Ongioni, Esq., P.O. Box 562, Greenport 11944 (Re: Copin}
John M. Wagner, Esq., P.O. Box 279, Riverhead 11901 (Re: Sun Oil)
Donald M. McGayhey, Esq., Box 981, Southold 11971 (Re: Maloney)
Mrs. Phyllis Rayne Byer, Box 1161, Cutchogue 11935
Re: Milazzo:
Salvator A. Caradonna, 23 W. John St., Hicksville, NY 11801
Mr. John Milazzo, 137 Kings Road, Hauppauge 11788
Mrs. Muriel Baldwin, 1045 Island View La,' Greenport 11944
Philip J. Cardinale, Esq., P.O. Box W, Main Rd, Jamesport 11947
Marie Ongioni, Esq. (same as above)
Mr. Victor Lessard, Principal Building Inspector
Mr. Arthur G. Carlson, Box 693, Southold 11971
NOTICE OF HEARINGS
· N~TI~-~S-k~REBY GIVEN~
pursuant to Section 267 of the Towi
Law and the Code of the Tow of
Southold, the foBowing hearing~
will be held by the SOUTHOLD
TOWN BOARD OF APPEALS at a
Resuinr Meeting, at the Sontheld~
Town HaH, Main Road. Sontheld.
NY 11971, on THURSDAY,
NOVEMBER 29. 1990 at the fol-
HEREI~RT AND CATttERINE
two-Fo~X over-hangs (cantilevers).
C~Ck md will p,~e_ beth side y~ds
to less than th~ mlnlmqm tzqulmd at
10md 15 feec Tbe dwdllng as e~lets
h~ nen~onfooning side yanle, and
~innnin~ in ~ R-40 Zone Dis-
trict. Location of Property: 625
W'mdy Point Lane (Private Road
#t2), S0mh~t, ~ Corny Tat Map
I)ageJ 1000-87.4-7.
7:40 p.m. Appl. No. 3986 --
BARRY AND BEVERLY LEHIL
Variance to the Zoning O~dinmce,
Article ~, Section 100-30.2A for
approval of tbe location of accesser/
bulldin8 located in an area other
than the required rear yard and
located within 75 fec~ of the belk-
~ =dong Goose Creek (a/Wa Weat
Cn~). L4x is not~xmfonning as to
10t aves and width in this R.40 Zone
District. Location of Property: 15
as Lots I & 2 on the Subdivision
map of "West Cseek Develo~xem" ~
fded $~ly 6, 1937 as County Pile N(~
1236. County Tax Map Parcel ID
No, 1000-76-1-1. '- '
~45 p.m. AppL No. 3988 --
ANTONIO VANGL Variance to ~e
Zoning Ordinance, A~tlcle ~IV,
S~tlm 100-244 and Aixide
· Section 100-239.4. for pemlissi(m m
et~stoJrt garage eddition with n sat-
back of less I~n 100 feet frern the
top of the bluff alonn the Long
Island Sound and with side yams at
leis than the ~quired 15 feat and 20
feet. The dwelling as exists is non-
confomling fa this R-40 Zone I~s.
; Main Road, c~,-hogue. NY; County side yards f~qni~d minimmn of 25
· Tax Map Pased ID No. 1000-102.-2- feel Existing dwelling stmetom is
24. Totalar~a: 19.q96 a~re~ non¢cs~fonning as to the ne~bedy
8:03 p.m. Appl. No. 3977 w side ynnt, the rear yard, and t~ set.
B~l-t"f ~. COPIN. Conilnued fi~n beck fro~ the belkbead. ~ area
Novnnbe~ I, 1990. ' and width le nmmninrming in this
8:15 p.m. AppL No. 3788' '~'~'= R-'lO Zone District. Lo~ation of
SUN REFINING & MARKETING. : Property: 9 Xeland View Lane,
Variances to the Zeeln80Minanm, _ Greenport, NY; County Tax Map
Article X. Section 100-102: (l)-for F/n=l ID No+ 1000-57-2-20.
Immiuim to eataMith ~imce
~ (~) ~m~. ~ ~) f~
Side ed Facto~ Avenue nnd
Mgttim~, NY; County Tax Map
P~ ~ No. 1~142-1-27.
~T ~LO~Y ~ m ~
~g O~, Article ~
~ 1~9.4B f~ a~ ~
g;55 p.m. Appl. No. 3935 ~
DOMINICK SBLENDIDO & A.
AURICCHIO. Interpretation
requested tugs,din8 second kilchm
fa~litins and its relati~ to sin~k.
family ventm two-family uia~. and a
cient ftontyard setback. 185 Inlet
Lane. ~onport. Continued from
9~15 p.m. AppI. No. 3975 --.,
ARTHUR O. CARLSON.
Inteq)~tiainn and Variance to the
sion 100-30 (as dlsappmved by the
Building Inspector) for permission
to accept deliver/of shellfish from
and to deliver or ship the scallops
deck within 73 feet of bulkhead / and/o~ c~nches for wholesale distil.
Neck Bay.?on. S OP, and ,one, to be
~: 30 W~ ~ ~ve ~d ~ maH~adon (AC). ~aH~
~e ~k Bay ~, ~oM, of Pr~e~y: 1575 Lower Road,
1~-90-1-25; Cedar Buch Park / ~ No. 1~-5-13.2. ~
~No.l~,fd~MapN~ ~ ' 'f~nN~l,l~. .
pHYTt tg RAYNE BYER. Va~m~
to the Zoning Ordinance, Anlck IIL
Section 1(]O-30A(I), as dlsappfo~d,
for approval of second dwelling
??mm unit, as exim. BuildinS as
e~Jsts c(x~talns tv~ dwelling units
and re~afi atot~ in this L~mbed Busi.
ness (LB) Zone Dimlct, Lot is ecs.
eonfonning as to lo~ a, ea, width and
'' heard in each of tbe abeve mat~en,
,~ Written commems may elm be
~ ~ prior to the cxmclu~ion of
subject heating. Each bearing will.
not start before the time allotted.
.,, ~, Additional time for your pre-
smminn will be available, if need-
CouP, Cotchogue, NY; Vim Bluff of Somh Side of Main Reid "nd the
765-180~ .... ·
· Map No. .q060, Lot #1; County Ttk '"East Side of Bay Avenue, :'::'DItod:N°~mbe~9'1990'~
MapPavc:el~)No+ 1000-83-1-7. .' Cutchogue, NY; County Tax map
~ 7:55p.m. ApI~.No. 3987--H& Parcel lD No. 1000-85-3-2.1. ' ' TOWNBOARDOFAPPEAL~
hence Article X Sect on I~' "~/ ' ... ROS~ MILAZZO.
(B.. Schedule) foe ,.t,F.,vel of m- ~..Arttele XXI/I Section 100-239 4
tttctent fmmage (lot wndth) {ia - [~c/a 100-239d(B)! .nd Amck ':'~," -
exam] along the Main Rind dpm- ~.,~.;XXIV, Section 100-244E for per-
' posed Lot #3 .nd for approval of ?; mission to locate addition and se.
insulTK~nt lot de~ of i)n3posed Lm ~?~stmc~ion of dwelling sLmet=m
tl2, in this pending minor sub. '~? with Setbacks: (a) at less than th~
aceoedm8 to New Yodt Town Law, :~? (b) at le~s than the requin:d mini-
way. Z~eDist~u:B-G~efeln.~. ,point. m~d (¢) ot less than the B~- ~i
STATE OF NEW YORK}
) SS:
COUNTY OF SUFFOLK}
Sharon Rock o1' Mattituck, in
said County, bein9 duly sworn, says that he/she is Principal
Clerk of THE SUFFOLK TIMES, a Weekly Newspaper,
published at MattRuck, in the Town of Southold, County of
Su~'folk and State of New York, and that the Notice of which
the annexed is a printed copy, has been regularly published in
said Newspaper once each week for I weeks.
successively, commencing on the 15 day of
November 1990
Principal Clerk
Sworn to ~for/~e me th? [~--~
NOTI E OF HEARII~GS
NOTICE IS HEREBY GIV-
EN, pursuant to Section 267 of
the Town Law and the Code of
the Town of Sonthold, the
following hearings will be held
by the SOUTHOLD TOWN
BOARD OF APPEALS at a
Regular Meeting, at the
Sonthold Town Hall, Main
Road, Southold, NY 11971, on
THURSDAY, NOVEMBER 1,
1990, at the following times:
7:30 p.m. Appl. No. 3969-
ANDREW BURKARD.
Variance to the Zoning Oro
di~iance, Article III, Section
100-32 for permission to con-
struct two-foot extension of
garage attached to dwelling with
an' insufficient front yard set-
~back. Zone District: R-40. Loca-
tion of Property: 370 Uhl Lane,
Orient, NY; Orient-By-The-sea
Subdivisoin Lot No. 167, sec-~
tion Three, Map 6160; 1000-15~-
5-24.13.
7:35 p.m. Appl. No 3974-
DONALD L., OSANI (for
GEORGE BRUDERMANN
JR., Owner). Variance to the
Zoning Ordinance, Article IliA,
Section 100-303.3 for approval
of re-separation into two
separate parcels as shown by
separate deed conveyances, each
lot having insufficient area and
,proposed construction to meet
setback requirements for this
R-40 Zone District. Location of
Property: North side of Bayview
Road and the West side of
Reydon Drive, Southold, NY;
County Tax Map Parcel Nos.
· 1000-79-5-10 and 11.
7:40 p.m. Appl. No. 3980-
VIRGINIA OLGA LEE.
24e,BA~or~nce to the Zoning Or
addition to dwelling with an i~
sufficent sid~ smback ~d
~uc~ front ~d ~back. ~t
~ is nonconforming in this
R~ ~ne ~stfi~. ~tioo of
~ny: 1455 C~ ~ach
Road East, Southold, NY;
County ~ Map ~el NO.
1~92-1~.
7:45 p.m. AppL No. 3~8-
DONALD & DOR~HY
SWAHN. V~an~s to the ~n-
lng O~in~c~ ~cle 111,
tion 1~32 ~d ~cie ~II1,
~ion 1~239 for appw~l of
insuffident lot ~' ~d ~dth
(fwnmge) of two pmpos~
~els, each with ~ ~s~ng
d~lHng, in tMs ~ndin$ divi-
awn of ~d. ~ne Distfi~:
R~. ~fion of ~ny:
~uth side of ~k A~ug
Mattituck, NY; County
Map ~cel No. 1~123-8-8.
7:50 p.m. Appl. No. 3971~
VALERIE M. KRAME~
V~ian~ to the ~ng Or-
· n~ ~icle ~III, S~tion
239.4B ~d A~ide ~VIII,
~on 281, for ~rmission
with ~ insufficient ~thack
f~m ~sting bulkhead ~d
f~m the ~t~ly (f~n0 pmk.
~ fine ~ong M~ A~u~
~t ~ of ~1 is non~nfor-
~ng in tMs R~ ~ne ~stfi~.
~cation of Property: 730
Robinson Road and 980
Manh~set A~nu~ O~npoH,
~ County ~ Map ~1 N~
1~3~5-~.
7:55 p.m. Appl. N~
THOMAS AND MARIAN
~ACR~E. S~ E~
don to the ~ng O~n~c~
~cle III, ~on 1~31(9)~)
for p~ion to conat~ off-
pmmis~ ground sign to ad,r-
rise for b~s pu~. ~-
tion of Property for Sigd~
Southeast corner of Ship~d
~e ~d tbe M~n Road, ~t
M~ion, ~; County ~ Map
~rcel No. 1~38-1-1.2
~8:~ p.m. Appl. N~
PETROL STATION LTD.
V~i~ to tbe ~g Or-
dinanc~ ~icle VII, ~ctinn
1~-72 for app~ of ~m~s-
ed ~t No. 4 wMch will have
sufficient area in this
~sidmti~-Offi~ (RO) ~ne
Distri~. ~tion of ~o~rty:
No~h side of ~e M~n ~ad
(265~ feet west of Alvah'a
~e), Cntchogu~ NY; County
~..~,..Map ~el No. 1~1~
8:05 p.m. Appl. No. 3977-
BETTY J. COil~. Variance to
the Zoning O~l~ance, Article
Ill, Section 100-33B(4) for per-
mission to locate accessory
(garage) building partly in th~e~
side yard and rear yard with [~
setback at less than the reqnired
20 feet from the southerly pro-
perry line. The lot area of this
parcel is nonconforming at
40,000 sq. ft. in this R-80 Zone
District. Location of Property:
2195 Albertson Lane, Ar-
shamomaque, Cn'eenport, NY;
County Tax Map Parcel No.
1000-52-5-54.
8:15 p.m. AppL No. 3979-
THOMAS J. GORMAN. Var-
lances to the Zoning Ordinance,
Article III, Section 100-33 for
approval of location of two ac-
cessory (storage) buildings in the
front yard, as exist. The lot area
of this parcel is nonconforming
in this R-80 Zone District. Loca-
tion of Property: 18 Crescent
Drive, Mattituck, NY; County
Tax Map Parcel No.
' 1000-121-4-23.
8:25 p.m. Appl. No. 396~-~,
IRENE R. MILLER. Varianc~
to the Zoning Ordinance, Arti-
cle IliA, Section 100-30A.3, and
Article XXlII, Section 100-
239.4A for permission to locate
proposed dwelling structure
with a setback of less than 100
feet from the top of the highest
point (top of bluff) on this
42,930 sq. ft. parcel. The parcel
in question is nonconforming as
to lot width (frontage) of less
than the required 150 feet in this
R-40 Zone District. Location of
Property: Lake View Avenue
· (127+ feet southwest of Hun-
tington Boulevard, a private
road), Sonthold, NY; County
'lhx Map Parcel No. 1000-68-
3-10.
8:35 p.m. Appl. No. 397~-
ARTHUR G. CARLSON. In-
terpretatinn and Variance to the
Zoning Ordinance, Articie III,
Section 100-30 (as disapprov.e,dqg
by the Building Inspector) fo~
approval of mariculture uses to
include delivery an~ storing of
seafood, packaging, freezing
and/or p~paration of mw or
cooked seafood Lorocessing) for
shipping and/or sales for off-
premises consumption. Zone
District: Agricultural-
Conservation (AC). Locadon of
Property: 1575 Lower Road,
Southold, NY; County 'Pax Map
Parcel No. 1000-69-5-13.2. '
8:45 p.m. Appl. No. 3788-
SUN REPINING & MARKET.&
lNG. Variance to the Zoning O~
dinance, Article X, Section
100-102: (1) for permission to
establish convenience store use
in conjunction with and ac-
cessory to the existing gasoline
station use on this substandard
parcel which contains less than
~0,000 sq. ft. in int area for each
use, and (2) for intespretation as
to height limitation of accessory
(canopy) structure. Location of
Property:. Comer of the Easter-
ly side of Factory Avenue and
Northerly side of the Main
Road, Mattituck, NY;
1000-142-1-27.
· Matters Recessed from
p.m. AppL, NO. 3955-
DOMINICK SBLENDIDO &
A. AURICCHIO. '.
9:10 p.m. Appl. N°. -3938-
VILLAGE MARINE.
The Board of Appeals will
~aid time and pl~ce h~r any ana
all pe~ons or representatives
desiring to be heard in e~ch of
"the above matters. Writ~n com-
nientl may-nl~o be submitted
prior to the conclusion of the
subject hearing. Each hearing
will not start before the time
allotted. Additional time for
your presentation will be
available, if needed. For more
information, please call
765-1809.
Dated: October 17, 1990.
BY ORDER OF THE
SOUTHOLD TOWN BOARD
. ;:~ OF APPEALS
GERARD P. GOEHRINGER
. ~... ~ ~ ~/ . . CHAIRMAN
. ~, By:. Linda Kowniski
?:.~'. i~ .,. ~X-10/25/90(2)
COUNTY OF SUFFOLK
STATE OF NEW YORK ss:
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watchman
once each week for ..
..................... /.. . weeks
successively, commencing on the .......... ~ ~
day of ..... .~. ...... 1 9 .~.v...
Sworn to before me this . _~.~ r_~
.................... day of
......... ..... 19
Notary Public
P, qq'~'~?t A. ~"HNE1D~
~ualif~d in Surfak ~,/?
Commi~fl ~pim ~
SocthoM. the following heorings
will be held by the SOUTHOLD
3~OWN BOARD OF AI~ st a
Regular Meeting, at the Southold
Town Hell. Main RoM, Socthuld,
NY 11971, ou THURSDAY.
· NOVBMM~R I, 1990. itt the
of property: Somh Side of Pack - ~: ~) of le~s then da: required
Aven~.Ma~NY;CoumyTax '~ I50fectinthisR-4OZ~neDifuicL
Map ~ Nb 1000-123-8-8. L~.ctinn of Property: Lake View
7:50 p,m. AppL No. 3971 ~ ~ Avenue (127d: feet southwest of
VALERIE M. ]~ Variance. Huntington Boulevard, a private
m thc Zoning Ordinance. Article. reed), Soutbeld, NY; County Tax
~ Sectian 239.4ll and AJ~clo ' bfap ~--='-No. l~O00~L3-10.
~ Secfiee 281, for patinas- 8:35 p.m. Appi. NO. ]975 ~
sion to construct new dwellln! ~-'ARTHUR G. CARLSON.
structure with an i~ set-: >~'~ ht~l,,~utou and Variance to the
beck frcm existing bulkhead end , ?--,hg Oulimnce, Aflicle i~. Sec-
ft~om the mtody (from) property 'tine 100-30 (. dib~...~d by die
he al~n8 Manbensct Avenue. LCt Building ~-.----~- ~) b ,Rxovd of
ama of parcd is uencQofop.;._, in mmiculmm meg to incinde delivery
Prcpon~: 730 R(th~mm Road and ? ftuezin8 andA~ ~-F-rctine of nw
NY; County T~x biq) Parcul No. shipping nd/or gules for off-
· 7:55 p.m. AppI. No. 3976 --'/" trier: Alricuhural-Couservatiou
THOMAS AND MARIAN SAN- ' (AC). !__.~__h_',B of F,,,t,~fly: 1375
b 7mln80rdL'~"ce, Article l~, . Tax Map Parcel No. 1OO0-69-5-...
~ ~_~_ L~ 100.3 l(9)(E) for l)ennbsi~ 132. ' ~ '
to construct off-premises ground
sign to Mveflise for business pur-
poses. Location of Property for
.~f~n..o~s. ,~..: ~ Lane md ~e M~n Reed, hat Mini-
:' 7:30 p.m~ Appl. No. 3969 -- ' an, N~A O).ntY Tax MaPParccl~O*
ANDREW BURKHARD. Vmbnc~
to ~e z..hs Oulb~.~ A,~ m,
Sec~i~ 100-32 for permitsi~ to
construct two=leer extension of
pr&se m~bed to dw~lh! v~h m
By-The-SenSubdivisioaLmNo* / of po:~e~/: NQflh Side of the _)~'._'
167, Section Three, Mitp 6160;
1000-15-5-24.13. . =. [- Lane).t"-t,.h,3Sue,N~¢ountyTax['
7:35 p.m. AppL No. 3974 ~
DONALD L. OSANI (fas GEORGll .~. ~. 8:05 p.m. AppL No. 3977~/
BRUDERMANN fR., Owner).
Articin I~A, Sect~a IOO-30L3 b ,, t~a 100-33B(4) for permttstan to
~vl~.~ml ~ m-sepatsfian into two Iocme ~ccesso~ (~mae) building
' ate deed conveyances, each lot with a setback at lets than the rc-
having insufficient ~ end pro- quired 20 feet from the southerly
paged ~ to mect sehck j~p~wty line. Tbe lct area of this
.~= requirements for this R-40 Zone ./: lmmel is nancoe~o~ulnj at 40,OEO
District, Lo~ation of property: - sq. ft. io this R-80 Zane OistricL
-~ Noflh Side of Reyview Road and - L,~m;en of 1~. 2195 Albm-
the West Side of Reydon Drive, -' :~'.- aaa Lane, Arsham~maque. Green-
Socthold, NY; County Tax Map port, NY; County Tax Map Parcul
7:40 p.m. Appl. No. 3980 --
VIRGINIA OLGA L~E. Variance
~V, Se~i~ 1~244B for
wi~ ~ ~Juffici~ sideyard
bck md ~duc~ ~l yard set-
hat. ~u~uld, NY; C~my T~
7:45 p.m. AppL No. 3978 ~
~i~ ~, ~ 1~-32 ~d ~-
ticle XX~. Se~ion 1~-238 for
wid~ (f~ge) of two p~s~
Nb 1000-52-5-54.
8:15 p.m. AppL No, 3979 --
to the Ze~nf[ Ordinnce, Article !~
S~ctioa 100-33-for ~t.v.~al of loca-
tion of two accessory (storage)
· beiklings in the f~u'~t yard, as exlsL
The Ict area of this parcel is nan-
tdcL Loctsi<m o~ Property: IS
~ cmt Drive, Mmimck, NY; County
· T~x Map Parcel No.
8:25 p.m. Appl. No. 3968 --
Zouini Ordinance. Anicle ILIA,
~ Section 100-30A.3. and Artlclc
~' point (top of bluff) on thi! 42,930
8:4s p... ^ppi: Xo. 3788
SUN RllFINING & MARKETING.
VMienrcs to the 7,~L~s
Aflide X. _q.~_~.u 100-102: (1) for
. permitsim to embtith couwnieace
st~-e use in coajuncdon with end
accessoo/to the exisdnn gasoline
mtian me ~a this sulmandanf imf-
(2) for int~.ctatiou as to he~
limitation of accessory (canj~py)
strccture, l.o~atiou of Pr~ny:
too/Avenu~ and Nmthedy Side of
the Main Road, Mcttituck. NY;
1000-142-1-27.
~6.1 ~O:
9.'00 pm. Appl. No. 39~5 -- DO-
blINICK SBLENDIDO & A.
9:10 pm. AppL No. 3938 -- VIL-
LAOll MARINE. ....
Ten Bami of AMmls wRI a~ tsid
~ne md idice be~r my md dl per-
be beard in rock el the al)eve mat-
te~. Written o-mm~.~s m~ also be
-~--~uod F~or to the cot~usiGn of
the subject hearing, llach hearing
ted. Additional time for your pre-
tsntctia~ will be av~leble, if need->
ed. For more infomlatinn, please
cel176~-1809.
l~a~d: Oetcl2er 17, 19OO
lay ORDER OF THE SOUTHOLD
TOWN llOARD OF APPEALS
OERARD E GOEHRINGER
' lly Linda Kowsiski
STATE OF MEW YORK) '
) SS:
COUNTY OF SUFFOLK)
Christina Volinski
said County, being duly sworn, say:
Clerk of THE SUFFOLK TIMES,
published at Mattttuck, in the Tow~
Suffolk and State of New York, and
the annexed Is a Minted copy, has b(
said Newspaper once each we
successively, commencing on ti
October t9 90
Sworn to before me thIs .~ ~ ~--
day of~)~.~ ~/~/ 19_~
COUNTY OF SUFFOLK
STATE OF NEW YORK
Patricia Wood, being duly sworn, says that she ~s the
Editor, of THE LONG ISLAND TRAVELER.WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watchman
once each week for ................... ~. ...... weeks
successive!y, commenc ng on the ......... ./~.~¢'...~. .......
day ~/~... ,, ~..~.. ~
Sworn to before me this ..................... day of
..... . ..... .~)~....~... .... ,,~.~...
Notary Public
BARBARA k S(~INEI~
NOTARY PUBLIC,
No. 4806845
Qualified in Sufiqlk
Commission Expirel
NOTICE OF HEARINGS
NOTICE IS HEREBY
(lIVEN, pursuant to Section
267 of the Town Law and the
Code of the Town of Southold,
the following hearings will be
held by the SOUTHOLD
TOWN BOARD OF APPEALS
at a Regular Meeting, at the
Southold Town Hall, Main
Road, Southold, NY 11971, on
THURSDAY, NOVEMBER
1990 at the following times: ~
~' 7:30 p.m. Appl. No. 3972--)
JI'ETROL STATION LTD,'
Hearing continued from'~
November I, 1990.
~,~. 7:35 p.m. Appl. No. 3985--~,/
HERBERT AND CATFt'E'Rz-
INE LINDTVEIT. Variances to
thc Zoning Ordinance, Article
XXVIII, Section 100-239.4B
and Article XXIV, Section
100-244B for proposed one-
story and second-story additions
with two-foot over-hangs (can-
tilevers). Portion of additions
will be less than 75 feet from
bulkhead along Corey Creek
and will reduce both side yards
to less than the minimum re-
quired at 10 and 15 feet. The
dwelling as exists has noncon-
forming side yards, and the lot
area and width are also noncon-
forming in this R-40 Zone Dis-
trict. Location of Property: 625
Windy Point Lane (Private
Road #12), Southold, NY;
County Tax Map Parcel
1000-87-4-7.
7:40 p.m. Appl. No. 3986--
BARRY AND BEVERLY
LEHR. Variance to the Zoning
Ordinance, Article Ill, Section
100-30.2A for approval of the
location of accessory building
located in an area other than the
required rear yard and located
within 75 feet of the bulkhead
along Goose Creek (a/k/a West
Creek). Lot is nonconforming as
to lot area and width in this R-40
Zone District. Location of Pro-
petty: 15 Sun Lane, Southold;
also referred to as Lots I & 2 on
the Subdivision map of "West
Creek Development" filed July
6, 1937 as County File No. 1236.
County Tax Map Parcel ID No.
1000-76-1-1.
7:45 p.m. Appl. No. 3988--
ANTONIO VANGI. Variance to
the Zoning Ordinance, Article
XXIV, Section 100-244 and Ar-
ticle XXIII, Section 100-239.4,
for permission to construct
garage addition with a setback
of less than 100 feet from the
top of the bluff along the Long
Island Sound and with side
yards at less than the required 15
feet and 20 feet. The dwelling as
exists is nonconforming as to
total sideyards, and the lot area
and width am nonconforming in
this R-40 Zone District. Loca-
tion of Property: 645 Glen
Court, Cutchogue, NY; Vista
Bluff Map No. 5060, Lot #1;
County Tax Map Parcel ID No.
1000-83-1-7.
7:55 p.m. Appl. No. 3987--
H&S ASSOCIATES by Sanford
Friemann. Variance to the Zon-
ing Ordinance, Article X, Sec-
tion 10(I-102 (Bulk Schedule) for
approval of insufficient frontage
(lot width) (as exists) along the
Main Road of proposed Lot #3
and for approval of insufficient
lot depth of proposed Lot #2, in
this pending minor subdivision,
and for approval of access ac-
cording to New York Town Law,
Section 280A over a private
right-of-way. Zone Districts: B-
General Business and Agricul-
tural-Conservation. Location of
Property: North Side of Main
Road, Cutchogue, NY; County
Tax Map Parcel ID No.
1000-102-2-24. Total area: 19.596
acres.
8:05 p.m. Appl. No. 3977--
BETTY J. COPIN. Continued
from November 1, 1990.
8:15 p.m. Appl. No. 3788--
SUN REFIN1NG & MARKET-
ING. Variances to the Zoning
Ordinance, Article X, Section
100-102: (1) for permission to es-
tablish convenience store use in
conjunction with and accessory
to the existing gasoline station
use on this substandard parcel
which contains less than 30,000
sq. ft. in lot area; (2) for inter-
pretation as to height limitation
of accessory (canopy) structure,
and (3) for approval of canopy
structure in the front yard loca-
tion. Location of Property: Cor-
ner of the Easterly Side of Fac-
tory Avenue and Northerly Side
of the Main Road, Mattituck,
NY; County Tax Map Parcel ID
No. 1000-142-1-27.
8:30 p.m. Appl. No. 3983--
JANET MALONEY. Variance
to the Zoning Ordinance, Arti-
cle XXIlI, Section 100-239.4B
for approval of deck within 75
feet of bulkhead along Hog
Neck Bay. Lot is nonconform-
ing as to lot area in this R-40
Zone District. Location of Pro-
perty: 30 West Lake Drive and
2505 Little Peconic Bay Lane,
Southold, NY: County Tax Map
Parcel ID No. 1000-90-1-25;
Cedar Beach Park Lot No. 125,
flied Map No. 90.
8:35 p.m. Appl. No. 3981-
PHYLLIS RAYNE BYER.
Variance to the Zoning Ordi-
nance, Article III, Section
100-30A(1), as disapproved, for
approval of second dwelling
apartment unit, as exists. Build-
ing as exists contains two dwell-
ing units and retail store in this
Limited Business (LB) Zone
District. Lot is nonconforming
as to lot area, width and depth.
Location of Property: Corner of
South Side of Main Road and
the East Side of Bay Avenue,
Cutchogue, NY; County Tax
Map Parcel ID No. 1000-85-
3-2.1.
8:45 p.m. Appl. No. 3973--
JOHN AND ROSE M1LAZZO.
Variances to the Zoning Ordi-
nance, Article XXIII, Section
100-239.4 [a/k/a 100-239d(B)]
and Article XXIV, Section
100-244B for permission to
locate addition and reconstruc-
tion of dwelling structure with
setbacks: (a) at less than the re-
quired 75 feet from the bulk-
head, (b) at less than the re-
quired minimum 35 ft. rear yard
at its closest point, and (c) at less
than the required 10 ft. and 15
ft. minimum side yards, (d) at
less than the total side yards re-
quired minimum of 25 feet.
Existing dwelling structure is
nonconforming as to the nor-
therly side yard, the rear yard,
and the setback from the bulk-
head. Lot area and width is non-
conforming in this R-40 Zone
District. Location of Property:
9 Island View Lane, Greenport,
NY; County Tax Map Parcel ID
No. 1000-57-2-20.
8:55 p.m. Appl. No. 3955--
DOMINICK SBLENDIDO &
A. AURICCHIO. Interpretation
requested regarding second kit-
chen facilities and its relation to
single-family versus two-family
uses, and a variance for addition
with an insufficient frontyard
setback. 185 lnlet Lane, Green-
port. Continued from Novem-
ber 1, 1990.
9:15 p.m. Appl. No. 3975--
ARTHUR G. CARLSON.
Interpretation and Variance to
the Zoning Ordinance, Article
,Ill, Section 100-30 (as disap-
proved by the Building Inspec-
tor) for permission to accept
delivery of shellfish from local
waters, to shuck the shellfish,
and to deliver or ship the scal-
lops and/or conches for whole-
sale distribution. Scallops and
conches to be delivered for off-
premises consumption or sales.
Zone District: Agricultural-
Conservation (AC). Location of
Property: 1575 Lower Road,
Southold, NY; County Tax Map
Parcel No. 1000-69-5-13.2. Con-
tinued from November 1, 1990.
The Board of Appeals will at
said time and place hear any and
all persons or representatives de-
siring to be heard in each of the
above matters. Written com-
ments may also be submitted
prior to the conclusion of the
subject hearing. Each hearing
will not start before the time al-
lotted. Additional time for your
presentation will be available, if
needed. For more information,
please call 765-1809.
Dated: November 9, 1990.
BY ORDER'OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHA1RMAN
By Linda Kowalski
iX, 11/15/90 (30)
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or the Petition of
PETROL STATIONS, LTD.
Io the Board of Appeals of the Town of Southold
TO:
PAUL TONY KALOWSKI
CUTCHOGUE FARMS, LTD.
ANNA BARISIC
SIDNEY BEEBE
JONAS HIGBEE, JR.
YOU ARE HEREBY GIVEN NO[ICE:
NOTICE
TO
ADJACENT
PROPERTY OWNER
BARBARA HAURUS
JOHN HAURUS
AGNES KUHLNLAN
WADE DAVEY
ROBERT & LOUISE SCOTT
ALEX ZELINSKi
1. That it is the intention of tide undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance) (~(0¢XaI~Ue~SX~K~~Ya~X~g~) [circle choice]
).
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: Tax Map No. 1000-109-01-23
3. That tt~e property which is the subject of such Petition is located in the following zoning district:
partially in the Re Zone (Lot 4)and partially in R40 Zone (Lots 1-3)
4 ]'hat h~, ,,uti~ Petition, the undersigned will request tide following relief: an area variance
for Lot 4 which lot does not contain the minimum lot area required.
$. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article VII Section 100-72.
[ ] Section 280-A, New York Town Law for appr0va] of access over
6. lhat within five days from the date hereof, a written Petitioo 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. ]-hat 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. //i //~/
( O~nelrs,Names:P~ol Stations, Ltd.
c/o-J. Kevin McLauqhlin, Esq.
828 Front Street, PO Box 803
~reenmort ~ NY
el. ~0. (516) 477-1016
[Copy of sketch or plan showing proposal to be attached for convenience
purposes.]
Paul Tony
Alvah's Lane
Cutchogue, NY
Kalowski
11935
Agnes Kuhlman
Wade Davey
Robert and Louise Scott
Jonas Nigbee, Jr.
Alex Zelinski
PROOF OF MAILING OF NOTICF
H CERTIFIED MAIL RECEIPTS
ADDRESS
Alvah's Lane
Cutchogue, New York
c/o J. Gristina
PO Box 1009
Cutchogue, New York
11935
11935
New Suffolk Lane
New Suffolk, NY 11956
Main Road
Cutchogue, New York 11935
PO Box 566
Cutchogue, NY 11935
PO Box 566
Cutchouge, NY 11935
25255 Main Road
Cutchouge, New York 11935
Alvah's Lane
Cutchogue, New York 11935
Alvah's Lane
Cutchogue, New York 11935
555 Alvah's Lane
Cutchogue, New York 11935
Alvah's Lane
Cutchogue, New York 11935
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
SS.:
KATHY M. KLINGE, residing at 1045 Washington Avenue, Greenport, New
York, being duly sworn, deposes and says that on the ~t%4%% day of August,
1990, deponent mailed a true copy of the Notice set forth on the reverse
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 cur-
rent assessment roll of the Town of Southold; that said Notices were mailed
at the United States Post Office at Greenport, New York; that said Notices
were mailed to each of said persons by certified mail.
Swor~-to be~oye~m~
KAT'HY ;M. KLI E
(Th s side does not have to be comp]eted on form transmitted to adjoining
property owners.)
S, TEJ '" ~.~ iii ~,°'~~, : PROPOSED MINOR
// ~ ~ '~ ~ PETROL STATIONS LTD
LOCATION MAP ~0' ) A TCUTCHOGUE
~". ~oo' ~ , TO WN OF SOUTHOLD
.~o~~ SUFFOLK COUNTY, N. Y.
~' ~ Scale I" = 100'
1000 - 109 - 01 - 23
AREA LOT I = 1.965 acres
AREA LOT 2 = 2.0,71 ocres
~EA LOTS -- 1.120 ecre~
/CEA LOT 4 = 0.70~
TOTAL AREA = 5.83~ acres
TO TOPOGRAPHIC MAP FIVE EASTERN TOWNS.~,
Jan. 12, 1987
June 27, 1990(revi~ed lots)
APPLICANT
PETROL STATIONS, iL TD.
CIO THOMAS $. E~OJRMAN
LOVE LANE
MATTITUCK, N. Y.
P. O. BOX
MAIN ROAD
$OUTHOLD, N.Y. ~71
LIC. NO. 49e18
8~- 65oc
LOCATION MAP
(516) 7 ~ &
/~ 0 BOX 909
MAIN ROAD
SOUTHOLD, N Y 119?l
LIC NO. 49668
ENGINEERS , P C.
BO.H. No. 87' - 621
'd
/
TYPICAL SEWAGE DISPOSAL SYSTEM~
PROPOSED
MINOR SUBDIVISION FOR
PETROL STATIONS LTD
AT CUTCHO(}UE
TOWN OF ,..ROUTHOLD
SUFFOLK COUNTY , N.Y.
I000 109 OI 23
SCALE I" 60'
dAN 12, 1987
CERTIFIED TO ,
FIRST AMERICAN TITLE INSURANCE
COMPANY OF NEW YORK.
Title NO. 605 S 30El
PECONIC ABSTRACT , INC.
NORTH FORK BANK AND TRUST CO.
THOI~tAS J. GORI~AN
TOTAL AREA= 5,856 ACRES
C/O
i!i ~181990 ,
APPLICANT'
PETROL STATIONS, LTD.
THOMAS J. GORMAN
LOVE LANE
MATTITUCK~ N.Y.
THE SEWAGE DISPOSAL
IN THIS DEVELOPMENT
~ REQUIREMENTS OF THE SUFFOLK
// L ~
NoV Z6 IltO
FACrLITIES FOR ALL LOTS
COMPLY WITH THE STANDARDS
COUNTY DEPARTMENT
ELEVATIONS ARE REFERENCED TO
TOWNS TOPOGRAPHIC MAP
TYPICAL
PLOT PLAN
THE FIVE EASTERN
ROAD