Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
4655
/ire Ir 33 JW i Y APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF MARCH 25, 1999 Appl. No. 4655 — JOHN F. BOYLE and HANDS SERVICE STATION. STREET & LOCALITY: 24405 Main Road (S.R. 25), Orient, NY Parcel (part of) 1000-18-2-33 - J. Boyle, Owner. DATE OF PUBLIC HEARING: February 23, 1999 and March 25, 1999 FINDINGS OF FACT Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 PROPERTY FACTS/DESCRIPTION: The land which is the subject of this application is owned by J. Boyle and others and is an L-shaped 50 ft. wide strip of land commencing from a point along the north side of the Main Road extending northerly along land of Hands a distance of 217.55 feet, and then extending westerly along the north side of the Hands parcel a distance of 250.88 feet. This strip of land is situated at the most southwesterly corner of the Boyle parcel identified on the Suffolk County Tax Maps as District 1000, Section 18, Block 2, Lot 33. The parcel adjoining this area to the west and south is the Orient Service Center, owned by William Hands, zoned "B General Business." The use of this property has been for gasoline sales and repair, established prior to 1957 (enactment of zoning). The section of land owned by Boyle which is the subject of this application land is unimproved and is used for parking and storage of automobiles by the Service Center. BASIS OF APPEAL: The Building Inspector's November 18, 1998 Notice of Disapproval citing Article III, Section 100-31 and that "the proposed lot line change will create a nonconforming use (automobile storage) in the R-80 Residential Zone District." RELIEF REQUESTED: To allow continued use of the strip of Boyle land, zoned R-80, for parking and storage of automobiles by Orient Service Center after such strip is conveyed to Hands and merged with land identified as Parcel No. 1000-18-2-32 (Orient Service Center). REASONS FOR ACTION OF THE BOARD: Zoning Code Section 100-241 permits a preexisting nonconforming use to continue despite ownership change, provided the use is not altered, enlarged or discontinued for over two years. applicant has submitted sworn affidavits attesting use of the parcel for parking vehicles at the service station since before the enactment of zoning in 1957 and discontinuance having been only seasonal and for less than two years. Under Code Section 100-241, this use may be continued after ownership of the parcel is transferred from Boyle to hands. ACTION OF THE BOARD: On motion by Member Collins, seconded by Chairman Goehringer, it was RESOLVED, to REVERSE the Building Department Notice of Disapproval of November 18, 1998 because the preexisting nonconforming use may continue A Page'2-+Appl. No. 4655 Re: Boyle (p/o 1000-18-2-33) Southold Town Board of Appeals for so long as the conditions of Code Section 100-241 are satisfied. VOTE OF THE BOARD: AYES: MEMBERS GC (Member Horning of Fishers Island was absent during this (4-0). 1000-18-2-p/o 33 (and 32) DINIZIO, TORTORA, AND COLLINS. its Resolution -Was duly adopted / GERARD P. GOEHRINGER CHAIRMAN For filing on 3/29/99 RECEIVED AND FILED B �' THE ."G'uTi:CiD TC 4WN CLL:Zr DATE 3�a9�SC1H UR 5:3O�' !Ya . .. n -VI eA Town Clerk, Town o€ Southol.1 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N -Y. NOTICE OF DISAPPROVAL D To Robert, Hughes for 1.. Boyle___,__,, 316 Front Street PO Bos 128 ........................................ Greenport NY 11944 18, .199.8 ....... PLEASE TAKE NOTICE that your application dated _Seetember 1, 199A .... for permit to store automobiles at Location of Property -_2440 Main Road/Rt. 25 Orien House No. Street Hamlet County Tax Map No. 1000 - Section ..18....... BLOCK ... ...... LOT ..33......... Subdivision ............................... Filed Map No. .........Lot No. ....... is returned herewith and disapproved on the following grounds - the pr.O. sed lot line... change will. createa nonconforming use in a R-80 Zone. Under Article III, Section ...................................•--•-............................ 100-31, Use Regulation, Automobile storage is not permitted in ac. R-80 Zone. See survey dated November 23, 1993. ...............................................•---..................................... ..................••-.....................---.............................----•'...,.... \ v BUILDING INSPECTOR RV 1/80 NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS TUESDAY, FEBRUARY 23, 1999 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 `Main Road, Southold, New York 11971, on TUESDAY, FEBRUARY 23, 1999 at the time noted below (or as soon thereafter as possible): 7:15 p.m. Appl. No. 4655 — JOHN F. BOYLE (with WILLIAM HANDS SERVICE STATION). This is a request for a Variance under Article III, Section 100-31 to allow continued use of a strip of R-80 Residential Zoned land proposed to be merged with land identified as Parcel 1000-18-2-32 (Current Owner: William Hands), Main Road, Orient, NY. This use is proposed to continue as an accessory use (parking and/or storage of vehicles being services) related to the Hands Service Station property which is zoned "B General Business." Proposal accessory automobile storage is not permitted in an R-80 Residential Zone District. Location of Property: 24405 Main Road (S.R. 25), Orient; Parcel \1000-18-2-33 (Current Owner: John F. Boyle). The Board of Appeals will at said time and place hear any and all persons or representative desiring to be heard in the above application or desiring to submit written statements before concluding the hearing. Each hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call 765-1809. Dated: February 3, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN Examined ................... 19.... FORM NO. 1 TOWN OF SOUTUOLD BUILDING DEPARTMENT TOWN HALL SOUT11OLD, N.Y. 11971 TEL: 765-1802 Alxrroved .................. 19.... Penult No ............. Iaisap{xrcrved a/c ..............p .......... .., .. ........................ ...:.... (Ikrilding Inspector) BOARD OF HEALTH ............... 3 SETS OF PLANS ................ SURVEY ........................ CHECK .................. SEPTIC RM ................... APPLICATION FOR BUILDING, PERMIT INSTRUCTIONS NOTIFY: CALL .................. NAIL TO ..................... ... .... ... I ......... I ............ I .................................. Date ....... �� ... , 199F. a. This application mast be completely filled in by typewriter or in ink and s0xvitted to the Building Inspector 3 sets of plans,,accurate plot plan to scale. Fee according to sdiedule. o. Plot plan alwing location of lot and of buildings on premises, relationship to adjoining premises or Ixodic stris or areas, and giving a detailed description of layout of property must be drawn on the diagram uhids is part of Chi1c. application. 'the cork covered by this application may not be ccnmenced before issuance of Building Permit. d. Upon approval of this application. the Building inspector ullf issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection througiwut the mark. e. No building shall be occupied or used in'Whole or in part for any purpose ciratever until a Certificate of Occupancy shall have been granted by the Building Inspector. AEPIACNr1ON IS DEREBY WM to the Wilding lkpartment for the issuance of a liuildina Permit pursuant to the Wilding 7Ane Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Iaws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. the applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations,�and to admit authorized inspectors on premises and ibuilding for nece nary inspectiCxrs. m., :7 ....................I................ ....... ... (Mailing address of applicant) State Whether applicant is owner, lessee, agent, architect, engirreer,'general contractor, electrician, plurber or buil, Agent ................... .....................................................I......... If, Nam Naof awner of premises ....... .4..tkm....P.Y.k-rr........ ................................. I................... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly aul'ixhrizLxI officer. ................................ :........................ (Nave and title of corporate officer) Builders License No . .......................... Plumbers License No . ......................... Electricians License No. ..... :............... N, Other Trade's License lb. ......... I.......... 1MIA- ........... / r_ q I. location of land on chid: proposed work will be'dnr:e...lAk..MIA- &A -M. ./ .................................. t.�A-M.F,aAR.............................. ................. louse f;shber. . Street r ttaalet CCXwty Tax lisp No. 1000 Section ..... f S. ...... IsIock .... .dL let 3 ...... Subdivision .... .................. I................ Piled Map No. .........,..... Lot ............... (flame) 2. State existing use and occupancy of premises and intendeed^ use and occupancy of proposed construction: a. Existing use and occupancy .. VlCJ*'4ka ... ...................... b. Intended use and occupancy ....QP74.f:'i-P.�iLc.... .. d�t�la� ........................ I�N If ttum ofI twork (check 'sfiich applies )t New Building........... Acklitfon . , (teiwtr .�iRetnval ... ...... Demolition,..........,. Other lbrk .� 5..r . .STo.�/. I.stiurfte_l Cost 'Y .Q. Fee .. �� p) ... ....... ... U (to be'paid oil filing hia al�p oa) aAmlling, smiler of dwelling units .. OtfTa n uJ 1t .f tTnber of ck:eliing units on earls 2 .�. fit' if garage, t"iber of earn ..... ........ ....................... (� If Ixlaloess, comtercial or mixedoccupaney, specify nature and extent of each type of use.4?C. Yl.4c �?r^Z1 ✓.O�v Dhtenalots of existing structures, If any- Front ................. hear ................. Depilt ................. Iklgltt ........ ... ... ... Ibiber of Stories ... ... .......... Dinenaiofs of same structure with alterations or additions: Front .............. [tear ............... Ileixh ......... ........ :.. Haight .................... 1Iof Stories ............... L Obnensiota of entire new construction; Front ................ near ............... Depth .............. ilei ac ... Mnher of Stories p... .......... / ). Size of lot,: Front q .. near :./..�..1......... depth ,Zzly. ....... M. 'Ikite of`puri:ase ..�°� : .1`3...... Name of lronrer O.nier . .................... 11. Zo,e or use district in which premises are situated ..... �5i........ ....... 12. ,toes proposed construction violate any zoning law, ordinance or regulation: .f.� 5 ................. 13. Will lot be regraded ......p.... Will exeesa fill be removed from premises: YES N0 14. Nares of Owner of premises 745hha?.f?1? i. n........ Atkiresa ..Ws6. sGdbs;G.0 !?.N.. 19wc No........... Nate of krI, ......r..............Address .... .......... tt Flwne No. Nacre of Contractor... Mdresa ...............................Phone II ............ . 15. is this property within 300 feet. of a tidal'wietland? * YES .......... NO *if YRS, Swilaii MIN ImiS'1L++GS M. MiT MY Bit MVIMM. PLOT DIAGRAM - Locate clearly and distinctly all buildings, whether existing or proposed, and Indicate all set -back dimensions frmi property lines... Give street aid block owber'or description according to deed, and slm street nares and indicate IAaLher Interior or comer lot. w: SI'A"Ni UU`. till YOttK, SS Clx1NIY (xr ..Suffolk.......... WilliamH:PriceJr. ..........,.... .............being duly sworn, deposes and says that he is the applicatnt (Mw of itxlivichist signing• t.contract) alxrve tuned, Ile is Lite ....... ....... I......... Attorney/Agent......... ........ ......................... (Cohtractor,'ogett;corpornte officer, etc.) of said cm)er or owners, and is duly auLborized to perform or have performed Lhe said work and to make and file this 4114>I ication; Lhat a.11. stateivents contained in this application are true to the best of his knowledge and beiief; and that t4e work will he performed in the learner set forth In Vie appllcation filed therewith. y.�1rn Loi4efureme this 12th August 98 ..tiny of 19 . tbLary ftdalic . e~S— jjofitihre-o ApplicanC) IlVARY P�IiBIdC to at Now Y4 No. 52.4657692. Sof-611iCaulLy Comeil li Expires Novmllm 30,199 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF -BUILDING INSPECTOR 7.0 TI IE ZON1t�t4G GO/ 1, (We) �.N... APPEAL I•10. `f � 5-�5 DATE ......... .......... APPEALS, TOWN OF_SOUTHOLD, N. Y.i2ern . ,. ........ pprllont Street= and Number 7r. Attorney/Agent J.. ................................. .N.ac; —YQ vi ...HEREBY, APPEAL TO polity Stato THE ZONING BOARD. OF APPEALS. FROM TILE -DECISION OF TI -111 BUILDING INSPECCpR ON APPLICATION' FOR PERMIT NO.......... ................. DATED ..... .....I...... ......... WHEREBY THE BUILDING INSPECTOR DENIED "TO' .s�... EaA... .Y.<2x!u...�X .... Nome of Applicant for permit of�T;aI.`.I.. ?mo. .........n?......... ..... Street and.Number,. Municipality State (}O PERMIT TO -USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY 1A..t L Ae/U...h.P.... Q.. ..:...., Street /itmi`e� % Use District 1000 Section'],? Block `ZLot33., Current thrnera1 I. Mop No Lot No. Utter. . -- ................. I on Zoning Map 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub. section and Paragraph of the Zoning Ordinance by number. Do not gpote the Ordinance.) Article u Section 100-3i 3. TYPE OF APPEAL Appeal Is mode herewith for (please check appropriate box) V,,>0 ,A VARIANCE to the zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lock of access (State of New York Town Low Chop,' 62 Cons. Lows Art, 16 Sec. 280A Subsection 3 d. PREVIOUS APPEAL A previous appeal (has) (has not),been made with respect to this decision of the Buikling�Inspector or with respect to this property. Such oppeal was ( ) request for a special permit ( ) request for o variance and wa's mode in Appea) No . .............................Doted ........... »................ r ..................... I.................. REASON FOR APPEAL ( ) A Variance to Section 280A Subsection, 3 (XT A Variance to the. Zoping Ordinance ( ) is requested for the reason that l �i IfiEAQPLIGha'i I$' .S�cKrN Pt �Sc VA -e< <: '0f.PoSc IS i6Q?FC iV% —to co� APP96VA1- o)= ANo,u-CON�a�ruNc VSa, cvI(ICti HAr.g (3G�T>cooSTI"000S S,:pC..= A= Le-A&T Tr[E ilel-`t REASON FOR APPEAL Conlinued 1. STRICT APPLICATION OF THE ORDINANCE= would produce practical difficulties or unneces- sary HARDSHIP because 'rNL 'L S }UAPE D " P/} e c&z }tAs REwno Lis c Pd A i1/L>tic ddltL6i Q ST021�C,a S,n1Gc j fie' �f--`Y tRJO.S -/}1 L+�(ST. ti eS tNTc,vAe i �LtAT A Loi LcN� C �r+Gc iv/t�L ,�1cd2G'c i`aI cs p,tC wrTf9 !YE DtJSrN�S2c3YJ�� De,eNi Sc�Vrc� �IPriyd7^> (,oftICft ffPrS CC-Fyj osfNG 2. The hardship created is UNDUE and is not shuied by ,all properties alike in the immediate vicinity of this properly and in this use district because f f9F 64 e Qr-ie-vIC S -i /FT is LAw-0 rS Tjrr O,Uc--j 5 osiNrSS t r+ T-Hvs A-Qeii. -F*c- APPrT/o�oi- INr "L: Sf1AP&t) PAk" is TtIeONLy PG''Aci FOPS l Pe kccoacctD}ii1a-�3 csy-- 1`44S Dons NC)T A- 9�ATIF-ICkTIC10 of- A- CON�1JiDN ( C 41 44 AS &arf.S 1�,0 Poj- O v a % Li 0 Yck (ZS " hN !N1c�cS 1N fetLL 1�I(Lem QGcLS w4vc ft A-gu; i f1t=O lEN; S tl1[� ST1�T[o�J . 3 The Voriance would observe lire spirit of Ilse Ordinance and WOULD NOT Cf IANGE THE ppCHARACTER OF TI-RI TIME DISCT because f tic G kL S •HApiz t` PIE -<4 0 r P2'-oPa-ie7j NY k z 1 iiFL- J USE', 6 y. Th c' VA- f=rOu.S P 4 PP-i•c� AS o F-. C.J i -/A- r t S Ncc--�t I,<NOw" A-1 T He O e.lC� i ✓1 C� Gt�Z� A-l"•D f/A-1 j CLS i- uc2 U rL ArsAt°L/} Cr' iZ P11 P. Ir1`�0 S��� �%r KI GLcS VFIGSc VC tit Ci -c !f -2c= 1f NGCcS5It 14 N1% J- N;er 2� 1- P/FL; c7 F- i f1c' (�uSrnsc'SS' cCe�SS 7-6 1 i[r` fLerbwtA-1N'NG P4-A:i 0 9�' l P1 ISOU I�Q � -3 wrt,c Q� 1'IA,1u;/F,N&D (3Y 4-Qe-t{-7-1a73 or -A f-1C,f r o'r- COAr`/ ovz2 0711Cf-LAND Cr n4.2aYc`j F4owt t NQohD Q-,z9.,� I�cScK/P;.a,� AND A- qu(-V&)( of -rH1S P-16;flToi-Lvky !S A I TAcVi�D, STATE OF IqEW YORK , ss ...'....::�................................................ COUNTY OF SUFFOLK JOHN BOYLE by Signature Swam to this — ........ �William H. Price, Jr., Attorney/Agent Swop, to u,is...........�.......................... day of..............January l9 99 ....................... Notary PU KATHY M. KLINGE NOTARY PUBLIC, Siete of New York No. 52-4657592, Wic F Coun Commission Ettpims Noveriber 80,719 TOVK OF SOUTHOLD PRS 4 ERTY RECORD CAR® -2 OWNER STREET (�4.qo,�- VILLAGE DIST. SUB. LOT �F RMER O N R— E, ACR. G mlr d. s r \�, TYPE of BUILDING F �. d� iE BGG. RES. SEAS. VL. FARM /6s- ^ COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS a60o .0 s lea n rr nt 1 c"��Wh Xrr"��I {! IC '�" •,J._�'°,�d 1,/[.J 2-.% AGE BUILDING CONDITION T NEW NORMAL BELOW ABOVE FARM Acre Value Per Acre Value Tillable 1 Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plot DEPTH BULKHEAD Total DOCK ,^ ^ ,, _ w - I —. a 9 TOWN OF SOUT14OLD PR6 RTY RECORD C RD OWNER sPE-ET" � � ? VILLAGE DIST. SUBi LOT Ii �..i. r .- 1 d r-t�7; cam✓ OF 5'� FORMER OWNER N// // -., CflrYl�Ia/l �* / E VCf2/NiQ1�' !� I S W TYPE OF BUILDING _ - - - — RES. SEAS. VL. FARM COMM CB: MISC. Mkt. Value 2 LAND IMP. TOTAL DATE REMA KS t ," ) F "i� r^ ) �-2?60 Q i�c14 /Q �an7i �' f o, �r h M /e lWf, TO Ft,, k /e 4 v / .a p Z7 ff (O .a✓ D b �p b.,d O �'� ✓T f : ." , �3 - 1, f� -. 7.f.!.tS.L u4-1 trjPr ... Z�50, �JGi I mo (07CO 8000 FO 3 ` 2 H1161g'i ;PI ' Mn (-10 v cz_� AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Acre.., Value Tillable, 1 Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD U House Plot DEPTH / ti l BULKHEAD Total DOCK so _ raaeia�\z:3 :, COLOR TRIM _ 3 — r s M, Bldg. 34 Bath Floors Dinette K. Extension K `� ,, g G Basement Extension S G r do 5-611 Ext. Walls bs Interior Finish- 5\� e e / • LR. bxwo uc amtt / 3�J ✓30 a3 Fire Place Heat s� e a 14 DR.. m Type Roof Rooms Ist Floor BR. Porch Recreation Roory Rooms 2nd Flooi - FIN. B. Porch Dormer Breezeway Driveway Garage Patio Total _....... so I I HOUSE f y 1 I _J L. E- PNIA G THEf2. MAIN QUAD JOH�JiMIDT 6 XIO- �GW -r-,-EE RIDGE 4DA0 : tUE -C-r. »r� 0`/GLONE 6,�N (FARM BUIL LDINGS) HOUSE S qI ass w. 7b sr.z3 a. _ . _ —, —. .�� IV.�. A' % OC 2 j n my«/' CE I I Qu tical 0'4, _1 \. \ \/ s E,' POLE _UNEI 1 5 a1MA1N1�IAYE RO.Ab or I �1 ,. '.P01.E LINE- • eN5. MAINS J \ N E EJN P(-EFFj4 �4E [92 EF .1 �Pt.9••` a i. - _ E c / _ .� PLATT ROAD 1 ( 1 ur U5E SITE PLAN MAP OF P120PERTY SURVEYED FOQ HAND") FUEL Cy,_INC: AT 0121 ENT TOWN OF SOUTHOLD, MY AWNED S DEVELOPED J�Y : .WILLIAM A.HAN_D$,-JR_ P•D.BDY 191 ORIENT NY. I IQS7 (323-U5E). ( 0 I _ v SEP-.5'i`�! I SCALE' 20- l" a I _� 4° AREA 17460 S.F•, O'4AC. U•MONUMENT - U U rEsr I. SUFF. GO.TAY MAPDATA =0-018"2-32 a 2PREMISES Z�NEO°B GENERAL °JSINESo-- .ALLSU!2ROUNDIA_Y FRJ Eft IES ZONED $.BOA '""' 3.Co"TOURs ZEFEE' To MEAN SEA LEVEL fv G.V.D IIAP:AMEIIDED A.UC. 1i9AUG. B,1��1 A5 SU2VHYEU cc i.. - i N •1'� Amp - / ,--� Q kv 1. S'(02Y (�•, - 1ANPING 1 _ JN 35.-: l n 2 ,TORY ER. BLDG. SERVICE STATION i Gpc�l_INE 't P.AVS _ TkNY.r (FARM BUIL LDINGS) HOUSE S qI ass w. 7b sr.z3 a. _ . _ —, —. .�� IV.�. A' % OC 2 j n my«/' CE I I Qu tical 0'4, _1 \. \ \/ s E,' POLE _UNEI 1 5 a1MA1N1�IAYE RO.Ab or I �1 ,. '.P01.E LINE- • eN5. MAINS J \ N E EJN P(-EFFj4 �4E [92 EF .1 �Pt.9••` a i. - _ E c / _ .� PLATT ROAD 1 ( 1 ur U5E SITE PLAN MAP OF P120PERTY SURVEYED FOQ HAND") FUEL Cy,_INC: AT 0121 ENT TOWN OF SOUTHOLD, MY AWNED S DEVELOPED J�Y : .WILLIAM A.HAN_D$,-JR_ P•D.BDY 191 ORIENT NY. I IQS7 (323-U5E). ( 0 I _ v SEP-.5'i`�! I SCALE' 20- l" a I _� 4° AREA 17460 S.F•, O'4AC. U•MONUMENT - U U rEsr I. SUFF. GO.TAY MAPDATA =0-018"2-32 a 2PREMISES Z�NEO°B GENERAL °JSINESo-- .ALLSU!2ROUNDIA_Y FRJ Eft IES ZONED $.BOA '""' 3.Co"TOURs ZEFEE' To MEAN SEA LEVEL fv G.V.D IIAP:AMEIIDED A.UC. 1i9AUG. B,1��1 A5 SU2VHYEU cc AFFIDAVIT MAR 10 1999 i� COUNTY OF SUFFOLK) STATE OF NEW YORK) Joseph Andrade, being duly sworn, deposes and says that: 1) He was the owner of the business known as "Joe's Garage" in Orient, New York. 2) That "Joe's Garage" was located at the property presently occupied by the Orient Service Center. 3) That he owned "Joe's Garage" for the period preceeding 1957 up until December 16, 1971. 4) That for the period preceeding 1957 through December 16, 1971, the "L" shaped area delineated on the attached survey was used by "Joe's Garage" for the storage and parking of vehicles. 5) That the use described in paragraph 4) of this document was continuous and uninterrupted. Joseph Andrade Subscribed and sworn to beforee this 2 o f / a -t- 19 9 . 10TAW PUBItBltft�S—WEOFMWM MMINMUMW day .... .. .. .. ..._-. ..... ...... MST+•+..�1+•ry•�.M.��yi. �'••7'.T�. .•:!� ..� Lh':.:.. •.. ''' [ - ♦!, i" yi'�,.. ,tel'. ;,y}f: 'u;i:�•A•, rr '�.,••f•.a.�y ;''•!7"«^.",l�t^.T•�.�.w.�•w.rw..�....�.....v.....�•-•..���..�..� _�.�.�_...�. �- "' '' v...7.d i•. 'kid'. •: 1.: , I. eh ..gym, � ::';�';',•:';,:;�,r-;�:• � 4 ko Cb • ... , . �i V' ' .!�" , Uiaautrwked w,;r c.... c a :car* C, -W/ i; v .;' . ,.Ae d.n{•.. ti0•iL%li��.'vi.'/:i.^>iA'.i.dSMilOf. (% %2W til` II nit bs cznridzr8d � ° ,:; ' : • ; ' , . . to bo'a va Id true copy. U L.•,'• . f7Guar'"'Moos inc5cmed i,argan ;tla!I rvn ; t: ^~ only to t;.a porson for whore thA s:>rti uy K��, is pr;:f;ww:f, &,J on his bohVI to trio aQmcy and . 41 l 1end;rLy il,; � , •! ti•;rs:,n znJ • ;}� , -to that.r /-,�.- !! ..: i :r: l:np irstl• /•.. .•... .•�:, r• .. ..:'tuuori.\'iVww.•.�.:. .'':7 ra�i\YGilVl3j�wl pe . :.:: •:i,•� , : t0'wi ili0rl:;: LiitiiJivu:llRi subsequam ,,. J • ownaM. )YL) OWE MAR 10, 3 AFFIDAVIT COUNTY OF SUFFOLK) STATE OF NEW YORK) William Hands Jr., being duly sworn, deposes and says that: 1) He purchased the "Orient Service Station" in Orient, New York, from the Finkle family on August 11, 1987. 2) That he has owned the Orient Service Center since he purchased it on August 11, 1987.. 4) That since August 11, 1987, the `V' shaped area delineated on the attached survey has been used by "Orient Service Center", for the storage and parking of vehicles. 5) That the use described in paragraph 4) of this document has been continuous and never abandoned or interrupted. Will= Hands Jr. Subscribed and swor4 to before me this �i day of 19 9 G 4 NOTARY PUBLIC 110BEIR & MMES NOTARYPUBUC, SWQFRW= NO.02HO50294V QUALIFIED IN SUFFOLK601iW COMMISSION WIRES JUNE A X.M. • • 'J'•�r!:M.':•�..%+.,i til l,. Y :1. 1'' ' .: i' "� ' . • : t.' 1. P2OPO5ED L: tNr=- ;::::.::! :.� ' , . ..L.�' ,'1 ,�js! `If�(��. � .i 1 sjJJ�•'-1LJ•' (y� r/�•� ,' any t '; :.. V'.,,,� ,,a �•,I !cv. . � d' �"�.�:.. •�!1:�,+�� i l rte, . State • .JI! : � � .:: ' ; • 1 ••(v s.: �' .��'.�'l�i vlJ'YLi� 1: �.1 �•.:: � �� ��Ny .. • :`A, � \r .Firt!:iN'r.%%'s.�•: �IIJ.v.�v'�IiYL 1 CrJt;:o•: rf:: t .....L .y r.;:;, not boadnp '+ .: •i,t :lt. '•.td,.9:if,q.�'• -. L'i0•IL'Jif.Ctri.'•yLtsltt.it;C 0OZI01. 'err:i:C55a3 t�38i Ctt l; flit 1r9 C:tn:;d�ted �' ;: •• .' •• � t,'a,tl,� 10 ba'a valid We copy. OusmritGos IncOmted iz3recfl :t!•:; I rtfl c/} Only to za pworn o`c awVayj is Frsf;W. ;S, &,d on his bahzlt to th3 �• '` I r. /' Uu£ qf;i ':� Rrt:Acy al . T4.1 I • � •�endir•� it•':. ,......•! ti•trsai't en�1 VVV , • tuUo�'i, �t�;, :�,::...1 nc., t;wiai3ra: fe Of Sub"quara owners. .�,•• `` (/O� .J �j4 'r\ :.; .`i •• '. • ' � 1. ;dOERICK VAN TUYL (L.S.) . CO LIN VAN TUYL ' RODERICK VAN TUYL, P. C, Licensed Lend -Surveyors 218 FRONT STREET GREENPORT, NEW YORK 11944 (516) 477-0170 Nov. 1.8, 1996 DESCRIPTION: 50 -foot wide easement to William Hands over, land formerly of William Habermann. Beginning at a point on the northerly line of Main Road, 10.0 feet westerly along said line from the south- west saidtherly enorrly rof �linelofMaino dOf Wysocki; ruad nning along feet;.thence through land now or' formerly ofWHabermann three courses: (1) N.29043'40"W.-217.55 feet; thence (2) S.750 42'20"W..-144.69.feet; thence (3) S.4405010011W.- 106.19 feet to a point on the easterly line of land formerly Of Helene Schmidt, said point being N.41008'00"W.-214.50 feet northerly along said 'land of Schmidt from'the northerly line of Main Road;,thence along saidland of Schmidt N.45°101001,W.- 50.0 feet; thence through -said land now or'formerly of Haber- mann three courses: (1) N.44050'00"E.-0 (2) N75042'20"E.-196,57 feet;. thence (3)S.29°43'40"E.- 260.0 feet to the point of beginning. To William Hands COUNTY OF SUFFOLK WN ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE PHEN M. JONES, A.I.C.P. DEPARTMENT OF PLANNING j�.LANG May 20, 1999 ' �,--_� (��� 11 f r !: MAY 2,4 1999 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county -wide or inter -community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Mortimer, Patrick 4636 ✓Boyle, John 4655 Raynor, Frank SE4665 Henry L. Ferguson Museum, Inc. 4671 Hughes (Anthony) & Hulme (Susan) 4675 Basilice, Vincent & Linda 4678 Rogers, Jon & Jacqueline 4679 Terry, Raymond & Barbara 4680 Hughes, Michael* SE4681 Campbell, Virginia 4683 Tully, Shawn* 4684 *With the understanding that premises will be developed consistent with appropriate mitigation measures, particularly as set forth by the Zoning Board of Appeals. Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GN:cc LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR ■ P. O. BOX 6 100 ■ (516)853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1788-0099 TELECOPIER (5 1 6) 853-4044 I \ 111'1 � BOARD OF APPEALS TOWN OF SOUTHOLD (1-516) 765-1809 tel. (1-516) 765-9064 fax Pursuant to Article XIV of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Ccmmission: XX Variance from the Zoning Code, Article I I I Section 100-31 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No: 4655 Applicant: John Boyle Location of Affected Land: 24405 Main Rd., Rt. 25', Orient, NY" County Tax Map Item No.: 1000- 18-2-33 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay; Sound or Estuary) x_ State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right -of -Way of any Stream or Drainage Channel Owned by the County or for which the; County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an�Airport. Comments: Applicant is requesting permission..to store or park automobil, Use Variance Copies of Town file and related documents enclosed for your review. Dated:/-'� ROBERT T S• HUGHES A 1-Eornev ai Law X16 Front &reee S� Greenpore, N w York -11944 Chairman Gerald Goehringer Zoning Board of Appeals Southold Town Hall 53095 Main. Road, P.O. Box 1179 Southold, New York 11971 71 "elep&one (516) 477-2700 .. - Fax April 5, 1999 RE: JOHN BOYLE/ WILLIAM HANDS/ ORIENT SERVICE CENTER Dear Mr. Goehringer, ``:? U V L APR 61ggg' i This is just a short note of thanks to you, the other members of the ZBA and your staff for your cooperation with the Orient Service Center application. With the recent publicity and complaints about Town Hall delays, the ZBA is an example of the benefit of living in a small town where the officials are approachable, reasonable and helpful. At the ZBA meeting on March 25, it was obvious that you were behind schedule and you still had a full. evening ahead of you. In spite of this, you and the ZBA accomodated my request for a vote that night. When I arrived at work the following Monday, Mrs. Kowalski had already faxed a copy of the resolution, signed by you, to me. That was remarkable. Once again, thank you for your cooperation. Please express my appreciation to the other ZBA members and your wonderful staff. (ZZr,e:y APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF MARCH 25, 1999 Appl. No. 4655 — 3OHN F. BOYLE and HANDS SERVICE STATION. STREET & LOCALITY: 24405 Main Road (S.R. 25), Orient, NY Parcel (part of) 1000-18-2-33 - J. Boyle, Owner. DATE OF PUBLIC HEARING: February 23, 1999 and March 25, 1999 FINDINGS OF FACT Southold Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 PROPERTY FACTS/DESCRIPTION: The land which is the subject of this application, is.owned, by J. Boyle and others and is an L-shaped 50 ft. wide strip of land commencing from a point along the °north side of the Main Road extending northerly along land of Hands a distance of 217.55 feet, and then extending westerly along the north side of the Hands parcel a distance of 250.88 feet. This strip of land is situated at the most southwesterly corner of the Boyle parcel identified on the Suffolk County Tax Maps as District 1000, Section 18, Block 2, Lot 33. The parcel adjoining this area to the west and south is the Orient Service Center, -owned by William Hands, zoned "B General Business." The use of this property has been for gasoline sales and repair, established prior to 1957 (enactment of zoning). The section of land owned by Boyle which is the subject of this application land is unimproved and is used for parking and storage of automobiles by the Service Center. BASIS OF APPEAL: The Building Inspector's November 18, 1998 Notice of Disapproval citing Article III, Section 100-31 and that "the proposed lot line change will create a nonconforming use (automobile storage) in the R-80 Residential Zone District." RELIEF REQUESTED: To allow continued use of the strip of Boyle land, zoned R-80, for parking and storage of automobiles by Orient Service Center after such strip is conveyed to Hands and merged with land identified as Parcel No. 1000-18-2-32 (Orient Service Center). REASONS FOR ACTION OF THE BOARD: Zoning Code Section 100-241 permits a preexisting nonconforming use to continue despite ownership change, provided the use is not altered, enlarged or discontinued for over two years. applicant has submitted sworn affidavits attesting use of the parcel for parking vehicles at the service station since before the enactment of zoning in 1957 and discontinuance having been only seasonal and for less than two years. Under Code Section 100-241, this use may be continued after ownership of the parcel is transferred from Boyle to hands. ACTION OF THE BOARD: On motion by Member Collins, seconded by Chairman Goehringer, it was RESOLVED, to REVERSE the Building Department Notice of Disapproval of November 18, 1998 because the preexisting nonconforming use may continue �1 - Page 2 — Appl. No. 4655 Re: Boyle (p/o 1000-18-2-33) Southold Town Board of Appeals for so long as the conditions of Code Section 100-241 are satisfied. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, (Member Horning of Fishers Island was absent during this Resolutioi (4-0). 1000-18-2-p/o 33 (and 32) DINIZIO, TORTORA, AND COLLINS. 1is' Resolution was duly adopted GERARD P. GOEHRINGER CHAIRMAN For filing on 3/29/99 PLANNING BOARD MEMBER. g. s�BENNETT ORLOWSKI, JR. �. Chairman WILLIAM J. CREMERS } KENNETH L. EDWARDS „ \\ `GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD r4vIk-4,1111FF04<19, o=ff ?t C* 2 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 0 ILE TO: Gerard P. Goehringer, Chairman, Board of Appealsi @�W FROM: Robert G. Kassner, Site Plan Reviewer #,-- MAR 17 iggg � RE: Hands /Boyle Lot Line Change Main Road, Orient SCTM# 1000-18-32 & 33 DATE: March 16, 1999 The Planning Board has reviewed the above proposal. It is recommended that the area enclosed by the Right -of -Way be 80,000 square feet in area. Mr. Hughes has been informed of the Board's recommendation. 3115 Drone Sereei Greenpor% New York 1111944 ROBERT T So HUGHES Chairman Gerald Goehringer Zoning Board of Appeals Southold Town Hall 53095 Main Road, P.O. Box 1179 Southold, New York 11971 Ai%rney aE Law 71 "elep&one (5115) 477-2700 RE: JOHN BOYLE/ WILLIAM HANDS/ ORIENT SERVICE CENTER ZBA Application Number 4655 Dear Mr. Goehringer, 17az (5115)477 0955 17, 1999 In response to the suggestions made by the ZBA at its meeting of February 23, 1999, Mr. Hands and Mr. Boyle request the ZBA to make a determination of a preexisting nonconforming use under § 100-241 of The Code of the Town of Southold. As you know, § 100-241 permits a nonconforming use to exist and continue under certain circumstances. It is Mr. Hands' and Mr. Boyle's position that the nonconforming use of the twenty five foot wide "L" which abuts the Orient Service Station to the east and to the north complies with all of the criteria established by § 100-241. In support of Mr. Hands' and Mr. Boyle's position, the ZBA has been presented with affidavits from Mr. Joseph Andrade, Mr. Philip Finkle and Mr. Hands. These three gentlemen are the only people who have ever owned "Joe's Garage"/ "The Orient Service Center." Collectively, the affidavits establish that the nonconforming use started before April 1957; that the character, location and extent of the nonconforming use has remained the same since it was established; and that any interruption of the nonconforming use was merely seasonal and never for a period of two years. I respectfully request that the ZBA review these affidavits and issue a determination that the nonconforming use of the 25 foot "L" is preexisting and conforms with the requirements of § 100-241 of The Code of the Town of Southold. I will be attending the ZBA meeting next week but if you have any questions before the meeting please feel free to contact me. Thank you very much for your cooperation and suggestions concerning this matter. V y, Robert S. Hughey AFFIDAVIT COUNTY OF 6,eo,,c-7-o Aj STATE OF NEW HAMPSHIRE ) Phillip M. Finkle, being duly sworn, deposes and says that: 1) The Finkle family purchased "Joe's Garage" in Orient, New York, from Joseph Andrade on. December 16, 1971.. 2) That the Finkle family changed the name of "Joe's Garage" to "Orient Service Center". 3) That the Finkle family owned "Orient Service Center" from December 16, 1971 to August 11, 1987. 4) That from December 16, 1971 through August 11, 1987, the `2" shaped area delineated on the attached survey was used by the "Orient Service Center" for the storage and parking ofvehicles. 5) That the use described in paragraph 4) of this document was not continuous. 6) The interruption of use was necessitated by the occasional seasonal need for various farm equipment to gain access to the remaining part of the parcel of which the `2" is a piece. 7) The intetrruption ofuse described in paragraph 5) of this document was not `Tor a period of two years". Phillip M. Finkle Subscribed and swornYPIo before � m his day of/ M*,k _ 99/9 FEB 2 11989 9 North Helderberg Parkway Slingerlands, NY 12159 February 18, 1999 Southold Town Board of Appeals Town of Southold Main Road Southold, NY 11971 Dear Mr.Gerard P. Goehringer, Chairman: This iss-a letter in response to a memo sent to us by Mr.Robert S. Hughes, Attorney at Law, dated February 4,1999, regarding the Boardof Appeals Hearing to be held on February 23, 1999, related to a parking and/or storage variance on the Orient Service Center property. After a review of the notice concerning the public hearing, my husband and I have no objection at this time to the variance beingproposed. This decision is based upon the continuance of the present use:of the land for parking and/or storage of vehicles . In addition, we would have no objection -lo -Mr.- Hands' continued parking and/or storage of his oil delivery trucks - provided there is and will not be an environmental impact. . However, we do raise an objection if ,the said property is to be utilized as a salvage area either now or in the future. We do not object to the drop off/pick up of cars being serviced. Obviously, this is .,part of Mr. Hands' ongoing service station business. i 7f'ames Boyle Ann I. Boyle CC FOLLOW-UP and UPDATE FOR YOUR RECORD: TO: All ZBA Members FROM: ZBA Chairman via ZBA Office DATE: ex/oZZ , 199 Attached is an (original) ca of (new information added to the original Town ZB file) re: Pending Application of - Other Comments:,� # of Pages Attached: Placed in Members' office mail be -es for update on / /9 'by -------------------- Board.Trans i L J, - i JOHN CATHERINE BOYLE �j p - �iv Z Il r ? .w . EU sqs �'-tsz.�7 Q - z 1'¢oraos�a �cr�e i N n Rv _ r4 N EQ`, LE' .+�:QTV4ERS. ; . Pr_---�-..� 7i7 49 ' '� ♦ (� � _ � 4�I � . d�' cXJ � l . ' � .1- . ,fp��, �Qlr�, F �' (Q' ; y LU LU A �, , � s�. 1 CT IX W.4 - STATE OF NEW 'YO fiV— ' f- rc:�1:T' QQ&D +* Unauthorized afteratloa or addift to this survey Eo- a vlolation of Section M f the New York Stan Educatlon Law. Copies of the survey map notraring the land surveyors Inked seal or embossed ssal shall not be considered to be a valid true copy. Guarantees indicated hareon shalt run only to the person for whom the survey is prepared, and on his behalf to the tills spains"y. 9ovemment�J agsncy and lending tltut'cr.. cad hereon and to the assig,uxc ; Jre lending Insti- tutlon. Guarar.%, not transferable to additior>11 it ; t ons or subsequent owners. -Page 29 Hearing ' nscripts February 23, 1999 - Board of Appeals 7:33 P.M. - Appl. No. 4655 J. BOYLE & HANDS FUEL CO. This is a request for a Variance under Article III, Section 100-31 to allow use of a strip of R-80 Residential Zoned land proposed to be merged with land identified as Parcel 1000-18-2-32. (Current Owner: William Hands) , Main Road, Orient, N.Y. This use is proposed as an accessory use for parking and/or storage of vehicles being serviced) , related to the Hands Service Station property which is zoned "B General Business". Proposed accessory automobile storage is not permitted in an R-80 Residential Zone District. Location of Property, 24405 Main Road, SR 25, Orient; Parcel 1000-18-2-33. ( Current Owner J. Boyle) . CHAIRMAN GOEHRINGER: Mr. Hughes, how are you tonight? ROBERT HUGHES, ESQ.: I'm fine, how are you? CHAIRMAN GOEHRINGER: It's a pleasure to you again. How have you been? MR. HUGHES: I'm fine, how are you? CHAIRMAN GOEHRINGER: Good, thanks. What would you like to tell us? MR. HUGHES: I'll just give a short explanation of why we're here on this and then I'll leave myself opened for any questions that you have. Mr. Boyle is the owner of - for lack of a better expression - of the "L" that we which to annex Mr. Hands' property. The L is part of an R-80 Zoned parcel which extends back and comes to about seven acres. What Mr. Boyle would like to do is transfer this L to Mr. Hands, and at which point Mr. Hands would merge the L into the piece of property that encompasses the Orient Service Station. Before Mr. Boyle does this, he wants the town to grant a variance which would essentially legitimize a preexisting nonconforming use. We've tried to come up with various alternatives as to how we could allow, how Mr. Boyle could allow Mr. Hands to use the property, the L shape piece for parking. Without doing a transfer, we really, we could not come up with any other way of doing this. Mr. Boyle's - one of his main motivations is that he wants Mr. Hands to be able to use the property, but he doesn't want any liability. And the only way to really do that is transfer ownership. Now, one of the side effects of this is that if this transfer takes place, the remainder of the piece of property that the L is now part of will be landlocked, and the proposal on that, and I don't know whether I've included in your package a description of it, there's a proposal to create a right-of-way parcel across the parcel which is directly to the east of the parcel that has the L. That is also owned by Mr. Boyle, and he is willing to create a right-of-way across that piece of property to the remaining part of the what would now be a landlocked parcel so that we can avoid any access issues. Page 30 Hearing inscripts February 23, 1999 - Board of Appeals CHAIRMAN GOEHRINGER: Do you mean Mr. Boyle owns the other 22 acres next to that? Is that what you're saying? MR. HUGHES: He owns it in, the various -. He's one of the owners. The parcel, the parcels that he has are checkerboarded. He has control of it. Yes. CHAIRMAN GOEHRINGER: OK. MR. HUGHES: What we're asking for is a use variance and, you know, we were aware of the various elements, such as we need to show a reasonable rate of return. Without the parking, there is now, used on this 25 foot L, the service station would probably have space for 15 cars. With. the requirements that Mr. Hands' operation requires, it requires more space than that to generate the income to make this property viable. For the record I asked Bob Scott in the Assessor's Office to look, according to the assessment of what the value of the Orient Service Station piece of property is, and by their formula it's $275,000. It's also, I think important to note that the service and inspection aspects of the service center employed people who basically it feeds three families. So, there is an employment aspect here. The hardship on this piece of property is unique to the area that this is the only business zoned piece of property in the area and I don't think anyone would contest the fact that it will not change the character of the neighborhood in that this parking has been in existence for 70 years since Joe's Garage was first built there. I did include a photograph which I'm not sure the exact date of that, but I would dare say that was before 1957 judging by the cars showing that that area was used for parking way back and (interrupted) CHAIRMAN GOEHRINGER: Was all of this used by, the actual piece in the back that you're anticipating has not been used? Is that correct? The piece that, the flat flag of the - yeah. MR. HUGHES: I think that's been used for, as far as I know it's been used for parking. CHAIRMAN GOEHRINGER: It has been? MR. HUGHES: Yeah. CHAIRMAN GOEHRINGER: Because I thought it kind of like lined up with the next door neighbor's property. And so, when I was there, I didn't realize that it was actually jutting out into the Boyle farm. MR. HUGHES: My understanding is that it has, you know, it has been used. You know that's was sort of farmland back there and you know how everything is when you get to the other side of crossway. As far as I think it's been used for parking. But, if Mr. Hands has to pull back to his actual property line, then things become pretty much contrained back there as far as having room for A _ 'Page 31 Hearing nscripts February 23, 1999 - Board of Appeals cars that are towed and wrecks, you know, vehicular, cars that need to have service. CHAIRMAN GOEHRINGER: Are we actually talking a full 25 foot strip of the north south or the south east to, north? MR. HUGHES: You mean to the main road back? CHAIRMAN GOEHRINGER: Yes. Are we actually talking 25 feet there, and then we're talking 25 feet along the back? Now, in transferring - MR. HUGHES: Twenty-five and, yes it's on the survey from the Main Road back is 25 and the other one is 25 as well. CHAIRMAN GOEHRINGER: Now, what you're telling me is that, in transferring fee from Mr. Boyle to Mr. Hand, that you are not going, that Mr. Boyle is not going to request a right-of-way over this which would actually landlock this piece of property? MR. HUGHES: That's the intention. They will create a right-of-way. CHAIRMAN GOEHRINGER: In a. different location? MR. HUGHES: In a different location and that is the proposal. He appreciates that this would essentially landlock that piece but, he is a very nice person and he is willing to do this. CHAIRMAN GOEHRINGER: How long has Mr. Hand own this property? MR. HUGHES: Since 19 - MR. HANDS: 12 years. CHAIRMAN GOEHRINGER: 12 years. Right and its been, his substantiation that this property has been used this way prior to owning the property? MR. HUGHES: Yes. CHAIRMAN GOEHRINGER: You don't have any affidavits from the prior owner or anything like that? MR. HUGHES: I don't. You know I can get one from Joe Andrade I guess. Joe Andrade - MR. HUGHES: Joe Andrade was the original of Joe's Garage. CHAIRMAN GOEHRINGER: Yes. mean that was Joe Andrade? MR. HUGHES: Joe Andrade, Sr. That was Joe's Garage, yes? I Page 32 Hearing _ _-inscripts February 23, 1999 - Board of Appeals CHAIRMAN GOEHRINGER: Right. That would be greatly appreciated if you could do that. It would alleviate a lot of a, maybe you could do that for us? OK, we'll start with Mr. Dinizio. Any questions of Mr. Hughes? MEMBER DINIZIO: No questions. CHAIRMAN GOEHRINGER : Ms. Collins? MEMBER COLLINS: Yes, Mr. Hughes, a little more about this his- tory of how the land was used. Based on the file in your submission, I was feeling uneasy about a use variance here because a use variance is such a formidable thing in the Code and that led me to question whether you need the variance at all. It would seem to me that if we can find adequate evidence in the form of affidavits that this L shaped piece of land was used for this kind of purpose from before there was zoning, I think that Section 241 of the Code says even if . the ownership changes you can keep on doing it. And, I just think that's something worth thinking about because it's certainly easier than, it seems to me, that if Mr. Hands owned, actually owned the L-shaped property right now and was stuck with a R-80 land that he couldn't use, he could make a very good use variance case saying this land is absolutely useless to me, give me a use variance. But he doesn't own it. It's Mr. Boyle whose asking for it. I think that's kind of a muddy situation for us when we come to write a variance, a use variance. So I'd be very keen to find a way to show that this was a preexisting nonconforming use and it can continue as long as it isn't expanded, all you know, all that language in the code expanded, altered, which it isn't. MR. HUGHES: Nobody would even know the difference. They would have to just - MEMBER COLLINS: But I gather there's never been any kind of lease or anything like that. It just happened. MR . HUGHES : Exactly, it just happened. And the use of the property is - it's always been a gas, you know, generic gas station. There's always been cars stored there. I can remember when I was a kid, I was a summer kid, we use to leave our car with Joe Andrade for the winter. It was stored there. And I can always remember, you know, cars parked along the side there and so, you know, Mr. Boyle wants assurance that it's OK with the Town before we go ahead with transferring. But what you're saying is that if it were transferred, then we came back to you and asked for a use variance, you would actually prefer that. MEMBER COLLINS: Well I think it would be a clean case. That's all I'm saying. I mean I understand very well that Mr. Boyle and Mr. Hand don't want to finalize this deal in the dark. CHAIRMAN GOEHRINGER : Well why don't we go with the affidavit aspect. Page 33 Hearing Lnscripts February 23, 1999 - Board of Appeals MEMBER COLLINS: But, that is my thinking. That that's a promising route. MEMBER TORTORA: It's very fuzzy to me because actually the variance that you're requesting a use of is R-80 and is not the Hands. It's not the business. So any relevant financial documentation as far as the Hands' business is moot because I think it has to do with whether or not the Boyle property can be used for anything else other than use variance criteria. I'm willing to go down other avenues because that's one, frankly I see it's the easiest for you to go to the Town Board and get a change of zone. That would be the, you want the quickest way? MR. HUGHES: No, that was an option then and quite honestly what we were trying to do what was really the least intrusive to Orient and at sometime in the future the use was abandoned and then, you know, we weren't expanding business zone, you know, business zone in Orient because we are cognizant of the fact that this is, that area, that neighborhood is essentially a residential neighborhood. MEMBER TORTORA: That's not criteria for a use variance, R-80 parcel zone. So, I mean you know how stringent it is. MR. HUGHES: Right. MEMBER TORTORA: That's my first thought. The second question I wanted to know, where does the right-of-way go to? I see that it comes from the State Road, and then it kind on dead ends at somebody's property? MR. HUGHES: Well I have - MEMBER TORTORA: If you could, you know, what would be helpful if you could just kind of show us? MR. HUGHES: Well, I have, I wasn't sure as I said, I wasn't sure whether I had included that in the package. So, what I have here is are ones that I have colored for you and I will explain it to you. MEMBER TORTORA: Yes, we have this one. MR. HUGHES: OK, well the blue is the right-of-way going from, you see, it's a proposed right-of-way. The orange is the L shape piece that we have been discussing. So the right-of-way would (interrupted) MEMBER TORTORA: Yeah, get you back in. MR. HUGHES: It would get you back in, it dead ends basically on the property line of the rest of the parcel that the L is part of. MEMBER COLLINS: Just a side question about the right-of-way. I in fact had figured this out from the black and white drawing and saw where the right-of-way went and then you had given us a description of that right-of-way done by Van Tuyl in 1996, and I Page 34 Hearing . -nscripts February 23, 1999 - Board of Appeals was just curious why the description reads as an easement given to William Hands. MR. HUGHES: I think that Mr. Hands was the one who went to Mr. Van Tuyl. Basically Mr. Hands has been given the obligation by Mr. Boyle of writing herd on this end, including the cost, OK. Mr. Hands went to Mr. Van Tuyl, Mr. Van Tyle who wrote this. This was actually done by Mr. Van Tuyl about a month before he died and so that aspect never changed. MEMBER COLLINS: OK, thank you. MR. HUGHES: I think that's basically what happened there. CHAIRMAN GOEHRINGER: Ok. Mr. Horning any questions? MEMBER HORNING: No. CHAIRMAN GOEHRINGER: Right, so you're going to get us an affidavit? You're going to attempt to get us an affidavit and we'll reconvene this at the next regular scheduled meeting and if you need more time than that let us know. MR. HUGHES: You want an affidavit as to the L shape piece has been used - CHAIRMAN GOEHRINGER: Right, concurrently. MR. HUGHES: Concurrently and - CHAIRMAN GOEHRINGER: For X, Y, Z, years. MEMBER TORTORA: Documentation that you can prior to. MR . HUGHES : Prior to 1957. MEMBER COLLINS: Sure, right. CHAIRMAN GOEHRINGER: Well I don't know how long Joe owned the property prior to that. MR. HUGHES: Well Joe owned it from when it was started in 1928. CHAIRMAN GOEHRINGER: OK, and he's still alive. MR. HUGHES: He's still alive and his son - CHAIRMAN GOEHRINGER: Joe, Jr. is like a 55 years old, so. MR. HUGHES: Right, Joe, Jr. is 55 and his father is. MEMBER TORTORA: Old photographs, anything that could substantiate this. c -Page 35 Hearing nscripts February 23, 1999 - Board of Appeals MR. HUGHES: It may be easier to get Joe, Jr., but of course he can't go back to 1927. MEMBER COLLINS: Well we only need to go to 57. MR. HUGHES: Prior to 1957. CHAIRMAN GOEHRINGER: Right, sure., whatever. Good, thank you. MEMBER COLLINS: So that where sure of what we're asking. The important thing is to determine that the use was there before we had zoning and that it hasn't been interrupted for a period of more than two years since we've had zoning. Those are the things and I think if you can get those in a way that you know has some legs that Section 241 does what you need. CHAIRMAN GOEHRINGER: Thank you. While I have you there I don't if there will be any future questions. Is there anybody else in the audience would like to speak to him, in favor of this? Anybody like to speak against it? OK, we'll make a motion recessing the hearing until the next regular scheduled meeting. BOARD SECRETARY KOWALSKI: March 25th. CHAIRMAN GOEHRINGER: March 25th. I need a second. MEMBER DINIZIO: Second. Motion carried. See Minutes for Resolution. r .7• v',..'.. ,.:•�''!'er .�+i'yy...f�'�'.`,'�""''; .:.1t. s,.e,'`. .yt+r..�.. r•�.r..�•.. .-t.�--+'•-.e.•tr. ,,, _ __ _•..�.. _.. :. •ii.l•� •!,•fid' S• •LI:''���•^'t,:<.�1' .. 111 I�i�9�ea i . .i •, I� .: •,::: ,1.`,,'111 i`" ` ,'O , IMIQ ISO p Qo Pov c.: t -::-w::;`� 15967 /'yam R/i jJ1/�� 1a.�y ,..., j.�' �: •� .y •'%,• Le •°+ • utJauttwrfiJ;d to lKs ; j.m/ L~ a N".:,:- on Cf �i .. ,` , • .' .'• :'�D•� '..i1: ,. .: .�i�.�ij,4.1 /t:': Yiv YO*, stew +r . ..! Cr1t; :,:► rt not bo::Jinp '•_Q.: .. •i• 's^ 9• • .•i.� •.ra,t.,.. t: i0•t',11i',1 C'.+i �'•�:11'."r �L:i;i1 St',3t Cr. tit: Jt nA bo con :idaled to ba'a vattd We copy, •. , 1;", ;.;•; fy;;.', Quar3niacslnclIc::teditaceenst+•;:Irun only to Ma psrsanfor wttorn j`.:s aamy v is 0nzip &,d an his b^h;:;t to >ra r, . / toe qui; ".+:;, ..,..,•r�~Yf i��7t'S� Syivricy and �fltiiG}•j il.':: • 1 f7•;f:iJi'i El1� IT l: ;� iuUon. Ci��:;:: :.. �` — i : t0'., + IJon;:: r''JBJ:..:,.ii of J;ub"quam (Owner:; Wilhelm`Franken). beryard,and relate ivities; which T .L, a request for.J'jSpecial : use is.:.,nonconl g -.in. this Exception under Artidje •XX, Hamlet-Business Zona, District. Section 100-1018-12 to -estiQsh; a Location of Property,•,'^� 73650. Main new-Retail Gas'Sales-Convenience :. Road, Mattituck, NY; County�Parcel Store. Locatiori''of. Propeity;`74495 No 1060-114-11,.-24.3 Main Road, Greenport; NY>County. The Board of Ap' eals.will,at said Tax Map No. 10000.45-44.1'•(or4). time and place hearainy:and_a11per- 7:10 p.m. Appl.' Nos. 4667 and sons or-re sentative; siringto be 4670— JOHN-AND LUCIASICA. heard in-the ab ove8,application or. A Variance is requested under the desiring' to- submit_ - itten�sfate_. Southold Town- Zoning . Code, inents before concluding li e; hear-. Article XXIV Section 100-244B and ing. Each hearing will:gotjstart`earli-, Article XXIII, Section 100-239.48 erthan designated.:Fes•a;e:avail- for permission to locate proposed able for review during,regulai•,`Town dwelling with setbacks at less than Hall business houry(&4-;p m ). If 75 feet from:the existing bulkhead you have questions;: please�do not and less than 404eet from the front hesitate to call (5147654809:. property line (facing privat6 jight- Dated: March 8;1999::. of-way):" Location of .Property: BY ORDER OF THE Private right-of-way extending off SOUTHOLD TOWN the south side of.- Main Road: (S.R: ( BOARD OF'APBEALS 25), East Marion,.NY'Parcel 1000- GERARD P. GOEHRINGER 31714-9.- CHAIRMAN 7:20 p.m. Appl. No. 4663.- DR. By'Linda Kowalski' FRANK AND ;JEAN MIRCHEL. 1633-1TM11 This - is a request' for a Variance under Article X)O, Section 100- 244B; based upon -a Notice of Disapproval issued January, 27,1999 `h `` 4-`' O for approval of the setback location J of an "as built" addition to dwelling NOTICE OF located at 2485 Yennecot Drive, PUBLIC HEARING Southold, NY; County Tax Map SOUTHOLD TOWN Parcel 1000755-446 BOARD'OF APPEALS 7.25 p.m. Appl. No. 4664 — THURSDAY, MARCH 25,1999 ROBERT LUSTGARTEN (Joseph Tavanno, Contract Vendee); This is STATE OF NEW YORK) NOTICE IS HEREBY GIVEN, a request for a• Variance under )SS: pursuant to Section 267 of the town Article XXIV, Section- 100-244B, Law and the,Code of the Town of based upon at Notice of Disapproval COUNTY OF SUFFOLK) Southold, the following applications • • issued January.: 19;.1999 to construct 0 Q nIIIJJJII�JJJ i `S of Mattituck in Said will be held for public hearings by new dwelling; after demolishing /� , the SOUTHOLD TOWN BOARD existing dwelling, which -building County, being duly sworn, says that he/she is OF sAPPEALS, at the Southold Town ',Hall, - 53095 Main Road, area , will exceed-the 20.% code limitation tor.total lot coverage and Principal clerk of THE SUFFOLK T=S, a Southold;: New York--11971, on 25, 1999 at be located less than 35 [eet'irom the front propertyA.ine. Location of weekly published at Mattituck, in weeY news a erP P, P the'.times; noted-.below (or as soon Property: 2575.,, Old Orchard Lane, the Town of Southold, County of Suffolk and there:iftet;as`;Possible): : 6i*, :p m: 'App). No. 4652 —':' • East, Marion,.NY; County Tax Map 1000=37-6-7.1. - . State of New York, and that the Notice of which BUILDING DEPARTMENT by 7:35 p.m. Appl. No.-4666 — the annexed is a printed Copy, has been regu- EDWARD FORRESTER. This is a request. for-, a. Town-Wide Inter- ROBERTAND JOYCE BARRY. This is a request for a' Vpriance larly published in said Newspaper once each pretation with regard to the under Article .III-A,.. Section 100- W wee k for I we $ SUCCeSS1Ve1 y, Southold.Town Zoning code, Ar- 30A.4, based ;upon a Notice of + v� title Ill,` Section 100-31C(l), Ac- Disapproval.datedJanuary .k.,1999 Commence g on the � day cessmy Buildings and Structures, for an to the Building De- to construct new detached two-car garage with second floor attic, locat- of I 19 q ,answer partment's Onestion: ed in a yard other than the required ' "Is a structure — that was orig- rear.yard. This parcel is a corker lot '116ad n i4 inally designed and intended to known' as 875 West Cove (at v L V be for. ' hiculai use -•a structure West Loop). `' -: Nassau` `Point, Principal Clerk that can-be construed to be a cus-_ Cutchogue; NY County Tax. Map •tomary structure or use that is incidental 1000-111-3-18;� also referred to as Lot on the Subdivision; Map of / V_ s customarily to the grin- gjpal use?" .20 ?►lonzo Jersey: �' Sworn to b fore me this_ 6:35.:'p.m. Appl. No. 4662 — 7.45• p-m. Appl.. No. 4669 — day of / )-�-19 PATRICIA RUSHIN & PAMELA MO'ITLEY..This is.a request for Variances under Article III, GERALDINE.FEREND..Ttiis is a request for a` Waiver of'Lof: under Article II; Section 100-26, regarding MARY DIANA FOSTER , l�/Lr� td� i1'11TARY PUBLIC, STATE OF 1EW YORI4 • Sections 100-32, Lot, ti249,- consistin f;0. 52-X455242, SUFFOLK COUI�IY 100=33, and Section of a - ft. EXPIRES AUGUST 31,19 100-235A(2) based upon a Notice of proximately 26,000 sq: in area,ire;: �iviISSI(}Il' Disapproval., issued December 10, shown on 'Amended .:Map A of 19991n.this pending subdivision pro- Nassau Point Club Properties. In the . ject;.as follows: Notice of Disapproval issued June (a)jhsufficient lot width for each •22,,1998, the. Town• determined.that proposed Parcel:A=and B, for the' lot has beemmerged with Lot- oaesingle-family.;dwelling .use 8250:• Locationofs Property: 5125 owiach Parcel; . and 5345 Vanston-Road, Cutchogue, (b),; Insufficient lot area of pro- NY; County Tax Map Parcels-1000- . ;posed Parcel A; 111=14-1 and 2.. - " '4671 (:):Insufficient side yards for each 7:55 p.m. 'Appl. No. — proposed Parcel. A and B; HENRY. L. FERGUSON; MU- (d)-; Insufficient . total 'side. yards SEUM. Variances. are :`requested for each proposed Parcel A under Article XXIV, - Section 100- andB. 241-A and Article-III; Section 100- ..(e) Proposed Parcel<B — with 32, . based: upon: two .Notices of no safe and convenient ac- Disapprovah issued . February 2, cess". 1999, for permission - to, construct (f) Bathhouse structure on Parcel addition with ins Mcient.front yard ' -A. '' setback(s) - and alterations' to an Location of Property: 6850 Indian existing . nonconforming. (Museum) . Neck lane; Pec onic, NY; County use in this R-80 Residential- Zone Tai Map Parcel 1000-86-7-5 (con- District. Location of Property: N/W taming 3:43± acres).. of Equestrian . Avenue - (Bell Hill . 6p55 pan. Appl.. No. 4655 — J., Avenue and West Street),., Fishers BOYLE AND, HANDS FUEL.CO. Island, NY; County Ta-x-:*p No. (Continuation from February 23, 1000-009-04-11.1:. 1999). Use of abutting. strip of R-80 8:05 p.m. Appl. No. 4668 — Residentially Zoned Land. N/s Main ` ' SOUTHAMPTON LUMBER Road, Orient, NY; part of 1000-18-2- CORP. This is a request for a 33. - - Variance under'. Article. XXIV, 7:00 p.m. Appl. No. 4660 — Section 100-241-G, for permission to EMPIRE PETROLEUM; Contract reinstate (re-establish) use as a lum- ,. � • 1� � .•� •,r�., � .• :'' `,1`,` Al :��i' ;� • Irk ":�,..� �+ , ... .. . • `� '\` n,��� •1 • ,.n..•, JL N\.. \N" 914 -0 PaP*u PaO • •aa i �;41',',s,'p�� ��ytc� •.1.• I.f . � � • ' � r • ' . a .�•., x`•14"-�i•'. C[ i. � I OG ID On 44 • �� ,.. r L.'I'>1�..t�:: • .•'.,�•t .3!F, •} .. _...._.. /+fjpZj.t.l ' `11.1 I,v,,[, y-S.Y �.' : 1:. ,. � ,,, �� ,•'. \, �. ' .•,yJ,�-. ;f«. �,3•�',A,.alr� liit.' l�' .Y. .; •:•�••••'-':p"'...y..�.•,.,....•"1: 'N ' ,� . �.:., '. Vii! t ''•' ;� � ?s, ,;..r � � ' � • � • ^ • fv •xJt'' .•i• +fir,••, 1 T'• - •� �' •'ai, 't� :kl' :w••�••Zi y: • '1: ' •14 •y 1A� o_.:K�r,�..�..} I.,:.t••,...: .,,. ., �/ .QRZ � '�1^1 (r 'tP z� j; ..t •r'• '� S.J, is :•1,' � I'•ip�,�, ��1•, �� �•• ,�* '; ke .al•: �. :�•. •,'•. r w.. •'.. • 'f,��; j, ;.�:v.t•.:., . Vit„ .� [� t'•..r. �lr•;�: `'4{1111A,'r`'�'' a:'f .'y ni '�•h. �:X__� .' .,..r .•►.�.s S .t �. ...r.... _. .�._ _ : •; 1•' 'Y • t�� 'I. • �V . � � r.•� is .. .a•,. ;'•.• '. :,.j'lrr:�'.�;'<. �._ : 1'• •,:., , • Ok 0140 IQQ IV QRS ... . �,�'�� 7 •�'t',::• + t•.:._ r:� is `•\.. '•: �•K..^, ,�) ''' :.' ,;•''c �\/'. ":, '''''� ' ' .7' • r . .. .. .. .J ��'�'�' , � ; :.,•: , r is ,,'.`f ,,`�' .. 1 • o,YL r .. �}' trig' Gt+''• t. ' RODERICK VAN TUYL (L.S.) COLIN VAN TUYL RODERICK VAN„ TUYL, P. C. Licensed Land Surveyors 218 FRONT STREET GREENPORT, NEW YORK 11944 X (516) 477-0170 Nov. 18, 1996 DESCRIPTION: 50 -foot wide easement to William Hands over land formerly of William Habermann. Beginning at a point on the northerly line of Main Road,, 10.0 feet westerly along said line from the south-. westerly cotner•of land of Wysocki; running -thence along said northerly line of Main Road S.650].7130"W.- 50.19 feet;.thence through land now or formerly of Habermann three courses: (1) N. -29°43'40"W.-217.55 feet; thence (2) 5.75042120"W.-144.69 feet; thence (3) 5.44050100"W.- 106.19 feet to a point on the easterly line of land -formerly of Helene Schmidt, said point being N.41008100"W.-214.50 feet northerly along said land of Schmidt from the northerly line of Main Road; thence along said land of Schmidt N.45110'00"W.-, 50.0 feet; thence through said land now or formerly of Haber- mann thrA-e courses: (1) N.44050100"E.-120.0 feet; thence (2) X75°42'20"E.-196.57 feet; thence'(3)- 5.29°43'40"E.-- 260.0 feet to the point of beginning. /? VI-1.`� To William Hands �� ' • S G`+rf �. {y�,+,y�(,K'j•.•i�, •��'. .• •'• '! 'L wf 11'i (�: I W��i`yji�,.�l.' � •ar y. to ., ,. ,, r, id •..�' ,r.. a .^: i::,, :.•i A. ♦•• •{.•• ary.,' i•' ��'�'yi •i :.�it•i Tom, �1'` .;�'j;•' !:..Y. :J ~ `•''':r'r�•P• •qtr. C!,. YF.! .i'.••. •wa •! ?�'�� Y vu - ay 1.5 ol '4 i :dry. 1Y • • L� !.' •r�Y�,•�,�;.;�• 1-..eA?Ni^uX=(;(;�: �1••,•'1,+MI:;y�Mv. �., :}I �� ,i'• C,f•.•b6• "':.rl S..yyirr.. v...ii �,+ f�`k�LL•• 1. .� t �. .. O olOQ �Itr'.:I qlo;l ,O S' ; .YJ ..r ' • , {}j}, i:.w Y y't:i �'� t � ; 3'r %QLIS ' nt� �' ,, •.ii ` r• .. .. •r ;,' � :1•,;.. .yam,• I.b. 1" _ e /8. z-9:aw ��, Gugrr'ar�.•�'ecd �o.l��c C'ucYrQ.xa'f�'�''`• blebeawje �I C 11, f.�v. C sdu*04 O'..Ydl I OURV; 2OB baW upid i5WP*0t W. NO124 iykvp .H4 09 110 L<< bmitwnttow state-; *U7 AM R01 9AS "d Fljrj� ai . . . . . . . . . . e UZZ wit 9 i�A TATJ 9 W 4: P nt 'beinV. V.0 STATE OF NEW YORK) WO )SS: F Fac &UNTY ngk��O14L 6&b&rof Mattituck, county, being duly sworn, says that he Principal clerk of THE SUFFOLK TD weekly newspaper, published at Mattit the Town of Southold, County of Suffc State of New York, and that the Notice or. the annexed is a printed copy, has be larly in Newspaper published said one V"week for weeks succe., commencing on the VA owl lgqq -0- Principal 7Z7 Sworn to before me this day Of >47 4,,L- MARY DIANA UTARY PUBLIC, STAIT ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: January 13, 1999 RE: Zoning Appeal No. 4655 - John Boyle Town Hall, 53095 Main Road P.O. ,Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Transmitted herewith is Zoning Appeals No. 4655 - John Boyle - Zoning Board of Appeals application for Variance. ' Also included is Notice of Disapproval with Building Application attached, Three copies of survey, copy of property card, letter from Robert Hughes to Building Department, Short Environmental Assessment Form, letter from Robert Hughes to Appeals Board, Property Description from Roderick Van Tuyl, Applicant Transaction Disclosure Form, and Z.B.A. questionnaire. ROBERT T S. HUGHES Ai&iwey ai(saw 316 Frani S&eei Greenpori, New York 11944 Southold Town Board of Appeals Southold Town Hall Southold, New York 11971 1 `eleplione (516) 477-2700 Faz (516) 477-0955 January 7, 1999 RE: Use Variance Application of John Boyle. SCTM 1000-18-2-33 Dear Sirs, This office has been retained by William Hands, the owner of the Orient Service Center which is the focal point of this application. The property which we are seeking to merge with the Orient Service Center property is owned by Mr. John Boyle. Mr. Boyle has agreed that it is Mr. Hands', and thus my, responsibility to apply for this variance. As such, kindly you direct all inquiries and directives regarding this application to me and not to Mr. Boyle or his attorney William H. Price. Thank you very much for your cooperation. S' e/ry, �r Robert S. Hughes V L' 0 14.164 (2187)—Text 12 PROJECT I.D. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only rAI1 IA&I ir- 6- --- ..[-#e i k- Ann11nan4 nr Dmiant snnncnrl SEOR I. APPLICANT /SPONSOR 2. PROJECT NAME ;I -o+1 'V Q oY Gc= 3. PROJECT LOCATION: Municipality 0 / i'4 1 S County �CJ 4= 4. PRECISE LOCATION (Street address an road intersections, prominent landmarks, etc., or provide map) �� 3 .3 ; � �-,,�, � .b of-,a� i y 'q cT A Cei 5. IS PROPOSED ACTION: ❑ New ❑ Expansion Modificationtalteration D K �1 6. DESCRIBE PROJECT BRIEFLY: I 67.y, C L -P 7. AMOUNT OF LAND AFFECTED: — 7 Initially �" Is % acres Ultimately ® J / acres a. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTINGLANDUSE RESTRICTIONS? S fryJ L 1+T -j -0 ❑ Yes [RNo If No, describe briefly r r"L 9. W�HyAT IS PRESENT LAND USE IN VICINITY OF PROJECT? 9. ISI Res[dential ❑ Industrial RCommerclal ❑ Agriculture ❑ Park/ForestlOpen space ❑ Other Describe: TR -6-9,4F! S 0-w r C O"lyt -e l A' 1n Arg " Z S O- Qd ayo O" P, cav i ,Otl�-n'& 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL STATE OR LOCAL)? ❑ Yes Ej�No If yes, list agency(s) and permittapprovals 11. DOES ANY ASPECT OF THE ACT!JN HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑ Yes I IVB If ye,-, list agency name and permitlapproval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? ❑ Yes RNO ICERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE 11.,_S p ( Date: Applicantlsponsor name:y Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 PART II—ENVIRONMENTAL ASSESSMENT (fo be completed by Agency) A. DOES ACTION EXCEED ANY TYPE 1 THRESHOLD IN 6 NYCRR, PART 617.12? If yes, coordinate the review process and use the FULL EAF. ❑ Yes ❑ No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. Cl Yes ❑ No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. C6., Long term, short term, cumulative, or other effects not Identified In C1-05? Explain briefly. C7. Other impacts (inciudin® changes in use of either quantity or"typ® ofenergy)? Explain, briefly. D. IS THERE, OR IS THERE LIKELY TO BE CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?,- Yes MPACTS? - ❑ Yes ❑ No If Yes, explain briefly PART III—DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed In connection with Its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) . irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse Impacts have been Identified and.,.adequately addressed. ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. ❑ Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) Date 2 APPLICANT -x TRANSACTIONAL DISCLOSURE FORH The Town of Southold's Code of Ethics prohibits conflicts of interest on the part- of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: R ©Y L j TO ¢-i7� (Last name, first name, middle A you are applying in the name of other entity, such as a company. the other person's or company's nitial, unless someone else or If so, indicate name.) NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance lkl' Change of zone Approval .of plat Exemption from.plat or official map Other (If "Other," name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares.. YES X NO If you answered "YES,".complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold William H. Price, Jr. Title or position of that person Town Justice Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP My attorney. Submitted this 6th day of Jan 1999 Signature John Boyle by Print namewilliam H. Price, Jr. Attorney/Agent ZONING BOARD OF APPEALS TOWN OF SOUTHOLMNEW YORK In the Matter of the Application of AFFIDAVIT Jo FMS Fr�. p 0%1 c C (W/ot-"147M 1�fw�Ds) OF (Name of Applicant) POSTING Regarding Posting of Sign'upon Applicant's Land -Identified as 1000- , - 2 - 3 2 4- x COUNTY OF SUFFOLK) STATE OF NEW YORK) 1 I ! Lc. ! i'l Tl riyv�p 1 - residing at New York, being duly sworn, depose and say that: On the ALT day of ���J ,19, I personally placed the Town's official Poster, with the date of Bearing and nature of my application, in a secure position upon my property, located ten (10) feet or closer from the street or right-of- way - facing the street or facing each street or right-of-way abutting this property;* and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be (Signature) SwomPo before me this ZX%, ayof1991. *near thi@'entrance of my property, as the area most visible to passersby. E- d'r ti J, L E- d'r Vf 1 J, L ,. -nqand Vf 1