Loading...
HomeMy WebLinkAbout4698 APPEALS ,BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765 - 1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF ]ULY 28, 1999 Appl. NO. 4698 - WILLIAM LIEBLEIN and BUDD'S POND REALTY. COMBINED AS SINGLE LOT: 1000-56-4-11 and 13.2 PROPERTY LOCATION: 62845 and 62945 Main Road, Southold DATE OF PUBLIC HEARING: June 24, 1999 and .luly 22, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is vacant land and consists of a total lot area of 35,000 sq. lt. with a combined frontage along the north side of the Main Road of 350 feet and lot depth of 100 feet. The property is shown as former Lots 19, 20, 21, 22, 23, 24, and 25 on the Map of C.L. Sanford Brick Co., Inc. filed in the Suffolk County Clerk's Office as Map No. 539. BASIS OF APPLICATION: Building Inspector's March 23, 1999 Notice of Disapproval citing Article XII, Sections 100-121 and 100-122 of the Zoning Code, with respect to: a proposed rear yard setback at less than 25 feet, average building height proposed at 36.5 ~., lot size at 35,000 sq. ft., lot depth of 100 feet. The property is located in an M-II Marine District. AREA VARIANCE RELIEF REQUESTED: Applicant requests Variances to locate a proposed 10,000 sq. ft. boat storage building, 250 ft. wide by 40 ft. deep on a 35,000 sq. lt. parcel, with the following reduced setbacks: 1) at 10 ft. from the rear property line, as shown on the March 1, 1999 site map prepared by G. Strang, Architect. 2) average building height at 36.5 feet (with true distances between 32 ft. from ground to the top at the rear to a total of 38 feet from ground to the top at the front portion of the building). Natural landscaping is also proposed at 20% when including natural vegetation (see Planning Board memorandum to the Zoning Board of Appeals dated ]une 10, 1999. INFORMATION AND EVIDENCE: 1. Applicant's property contains 350 ft. of width (road frontage) on State Route 25, Main Road and is bounded on the north (northeast) by the LIRR right-of-way. A wetland area adjoins the property line to the east, and a commercial marine business adjoins the property on the west. Page. 2,- ~]uly 28, 1999 ZBA Appl. No. 4698 - Lieblein and Budd's Pond Realty Parcel 1000-56-4-11 and 13.2 2. Al~plicant wishes to merge two existing non-conforming lots to create one 35,000 sq. ft. lot and seeks an area variance from the Code required 80,000 sq. ft. minimum lot size in this Marine Zoning District. 3. The purpose of the variances requested is to permit the applicant to construct a large boat storage building to meet the increasing demands of customers who purchase boats and would like them to be stored and serviced inside a secure weather-proof facility. Applicant's existing storage facilities are filled up. 4. A number of people testified at the public hearing that by placing beats now storage outside in a new beat storage building, the site would be improved and made more attractive, which would be a benefit t to the neighborhood as well as vehicles passing by on Route 25. 5. The neighboring properties north of Route 25 to the !_[RR and south of Route 25 to Budd's Pond (Peconic Bay) are zoned Marine II. The proposed use is consist with this and surrounding properties, ,as well as the stated goals of the Marine I! Zoning District. 6. The Southold Town Planning Board has recommended approval of the requested variances. 7. The Southold Town Trustees have issued a wetland permit for construction of the proposed boat storage building. REASONS FOR BOARD ACTION, DESCRIBED BELOW; Based on the testimony and record before the Board, and personal inspection, the Beard makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed boat storage building is consi?,tent with the commercial madne business uses on this and surrounding properties. The indoor boat storage building will be a benefit to the neighborhood by helping to eliminate the need for outdoor boat storage, thus creating a more attractive site that will enhance the appearance of the area. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because the lot size is nonconforming, and the requested rear yard variance is required to properly locate the storage building on the non- conforming lot. The requested height variance of seven (7'7 is de minimus. 3. The lot size area variance is substantial. The setback vadance is not substantial in relation to the nonconforming size of the lot and reasonable placement of the proposed boat storage building. The height variance is de minimus. 4. The proposed variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the Southold Town Trustees have reviewed the potential environmental impact of this proposal with respect to the adjoining wetland area, and have issued the applicant a wetland permit. No other evidence was presented to suggest that the proposed boat storage building would have any adverse effects on the physical or environmental conditions in the neighborhood or the district. Page, 3'- July 26', 1999 ZBA Appl. No. 4698 - Lieblein and Budd's Pond Realty Parcel 1000-56-4-11 and 13.2 In considering this application, the Board deems this action to be the minimum necessary and adequate to enable the applicants to enjoy the benefit of an enclosed storage facility, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Collins, it was RESOLVED, to GRANT the variances, as applied for. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER~R~ZIO, TORTORA, COLLINS. (Absent was: Member Horning.)This Resolution was dul~e/~l,(4-0). ~-~.~/ For Filing about 8/2/99 / RECEIVED AND FILED BY SOOT O . Town Clerk, To~ BOARD 0~. APpE&LS OF APPEAILS,~=kt the Southbld Towu Hal~ $~Main Road. ~outhold,TJ~i~.'~'York 1197~ on ~:~5 p.~,' 'A/~ No. 4~7' - ~ ~7~?,~ S,~.__ - ~ ~ ~ ~o~ of ~~hht h CO~ OF S~Lm ~m~nof~ta- ~l%~l~lGw~ ~F'~filIJ of MattOck, ~ ~d ~~'~ ,~m- p=~=-h-m m. ~Sa~: ~c~pm clerk of T~ S~LK T~_~ .~m. :~pl. No. 4714 -- two. (2) -y~, or ~ ~ ..... Y pap . pubash~ at ~mmck ~~-A ~o. ~- ~m'~,~,~ of New York ~d ~t ~e N .~ ~r,.,~,~ ~4 ~ a Not~ of D~ wnt~ notwi~g, ~ ~e ~ed Is a u~ted v~.. ~ ~t~$~7~l~f~c non~nfq~ino'u~Of SUC' ' , 11 A.... ~yy, ~ oeen re~- pm~'-~, o~,:~ n,~. ~ ~ ~ b~ ~ ~ ~lY pun~he~ ~ s~d Newspa~r once (~.~~ . .i~r ~ ~d,~ · ~eek for 1 --- - ~ vafi~ce'thirefor"~l bye. " weeks S ccessively, vg mued M~ lS, ~. a. ~t b~eu ~. one- (] ~clp~ Clerk ~d I~fion of a hm~y d~ ~ ]bred as with an N/A." · >worn to before me this than the 6:55 p,m. AppI, No. 4719 -- iav ~c C-~ ~ ~, }OSEPH and~GLOR!A YAC- ~ ~ ~ 19~'~ ~{AR¥ DIAN,q FOSIER NOTARY PUBUC, Sl,al i OF NEW YORK NO. 52q655242, SUFFOLK COUN1Y :C~I~5:SiON EXPIRES AUGUST 31, 19~ lumkrym, d , With. use which wa~Ldimapproved January c [~ 74605 12, l~V9 fo~ the lSllowia~ ~; ,' ~ ~ d~n~ ~ ~ ~ of m~ ,: a ~ th~ t~ (2) ~ ,~, ~ ~ ,_J,~__. : ~-~,i~ Aq~plS~O ~ auo JOJ en?~ ~ 215 ~ ~c, ~Op.m. AppL No. 4~8 ~ LIEBLE~ ~:~ ~u~t~ for lst~ of 35~ ~. fl.;lot depth of ~ fl. ~ y~d atl~ ~ 25 feet, ~d- ~ ~ea at le~ ~ ~, ~d bni~lqg ~t at .~.5 f~t ~ t~ M- ~ ~ b~ u~n ~ app~- ~ ~ a bufld~g ~t t~ ~n- s~ ~t smra~, b~g-~ty ~e B~d~g. Oep~ent~ ~,--- 19~ Noti~' of D~oval ~t~8 '~t~e'; ~ p.m. -~ppl. No. ~ -- p~c~ RUS~ ~ e~ ~ ~-33,'~d AFdC ~II, ~ l~SA(2) b~d bar 10,~ 1998"No~ of O~v~ ~ ~ pen~g ~vi- ~on ~ject for: (~) ImPlant lot ~dth pro~ P~IA ~d ~familv dwe~g ~ on each ~) ~ent lot ~ea pro~ ~ A and B; for ~ pro,md P~I A ~d B; ~fion of ~o~y: ~ Indi~ T~ ~p Pmcel 1~7-5 {c~- 8:45 p.m. AppL No. ~ ~ ~A JERO~. V~ ~e r~ucst~ l~t* a proposed ad~on wi~ ~ .r~ ~d ~ont ~d ~t* ba~'~d ~der ~ X, ~on 1~1~C for a ~e (~fion) az m~ ~ ~y ~c~ feet of ~on~e ~ ~s Gener~ ~ne D~tfi~. ~s ~quest ~ b~ u~n ~ app~afioh for. a pe~it and thc B~lding De~cnt5 Apffi 5, 1~ Notice of D~ro~aL Location of ~:'5~ ~n ':Road (~dw~e Sfore )-~d J~ke~'~eek ~ve; ~U~old/~; ~ Pamcl ~7~.2. 9:05 p.m: Appl. No. 4710 ~ce'~ r~ues~d Under A~clc ~m'~ ~d at~ t~ ~e ~ ~tb~k ~tlon ~m~ed ~r ~A AppL No. 4570 ~t~ ~e ~, 1~. ~fion of ~: ~ ~d of Appea~ ~ at said ~ ~ ~ ~e ~v~ app~om or~d~shbmit '~tt~n s~ments ~f~-~nclu~ th~ h~ ~i~ d~g '~e~' TO . BY O~ER OF ~. ~,..SO~O~ TO~ ' . BO~ OF~PE~ By ~ Kow~ 17~-ITJ~ //7. STATE OF NEW YORK) )SS: co,tnvry o.r suT..rg K) tD~CL/q ~, Il )'iii I~ of Mattttuck, in said county, being duly sworn, says that he/she ts Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, publtshed at Mattltuck, in the Town of Southold, County of Suffolk and State of New York, and that the NoUce of which the annexed ts a printed copy, has been regu- larly published t9, sald Newspaper once each week for ~ weeks successively, commer~cing on 9fl~ t._'~ F~ day , ~ ~_J Principal Clerk Sworn to b~fore me this ylx. day of "--}-'~z-~.e_ 19 ~ff, '~. ~/ ~ ~ MARY 0,ANA F0~ER ~y~ ~ ~ ~ N~y PUBLIC, ~A~ 0F N~ YORR / ~ NO 524655242, SUFFOLK ~UN~ ~ ~ ~M~ISSION ~PIR~ AUGU~ 31,19 ~ TOWN OF SOUTHOLD ak BUILDING DEPARTMENT~ TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date: March 23, 1999 To: Mr. William H. Lieblein & Budd's Pond Realty, Inc. 62845/62945 Main Road Southold, New York 11971 PLEASE TAKE NOTICE that your application dated March 10.~ 1999 For permit to Construct a new 40' x 250' Building & Boat Storage Facility_ at Location of Property 62845/62945 Main Road Southold. New York 1197i County Tax Map No. District 1000- Section 76 - Block 04 - Lot 11 & 13.2 Subdivision: Filed Map No. Lot No. Is returned herewith and disapproved on the following grounds: Under Article XII. 100-121. Use regulations. In the M-II District. no building or premises shall be used and no building or part ora bnildlng shall be erected or altered which is arranged, intended or designed to be used. in whole or in part. for any uses except the following [one (1) use per eighty_ thousand (80.000) square feet of land above mean high waterl: [Jrlcler Article XII. 100-122. Bulk. area and parking regulations. No building shall be used and no building or part thereof shall be erected or altered in the M-II District unless the same conforms to the Bulk Schedule. Bulk Schedule: Required Lot Size: 80.000 S.F. Required Lot Depth: 150 Feet Lot Area Provided: 35.000 S.F. (Total Both Lots) Depth of existing Lots: 100 Feet Required Rear Yard: 25 Feet Required Landscape Area: 20 % Maximum Building Height: 35 Feet Rear Yard Proposed: Landscape Area Proposed: Building Height Proposed: 10 Feet 3 Street Trees 36.5 Feet ~ding DRie'~a~r~nR'tA' ~'Om4 HO. I TOgH OF SOUTBOLD BUTLDIHO ' DKPAR'fl~H~ SOUTHOLD, H.Y. 11971 TEL: 765-1802 ,i,,~ w,- ~/.~..%22....~:~ ......... (~ildi~ xu~pecwr) AI)PLICATIOH FOR BUILDIHG pKRHIT HOTIFY: MAlE TO: .................... _ March 8, .A99. Oarrett A. 5tranO Not Selected Yet plt~bers Lt~ No .......................... ~lect~ici~s Iiceuse tb .................... . · .... ~m 25~ Southold ............................. .~.= ~ ;;.~a~x~ Main Roaa kmzo ,,-.....;; ...................... Dzo~u ~..~..%~ :.~ ...... ; ........................ HEll,et Boumtl~ber Steer Il& 13.2 . ~ ~ ~. lmO, s~:clou 056 moc~0 .......... Filed ~.tb ................ ~oc ............... Subdivisioa ...................................... .. 2. S~a~e ex/sCu~ use m]u _ .;-.-] v~ ~--- . . ............ a. Existing use ~ ~ ......... 'QP'~ 'D~ ~'~ ' ~.qsAg.9 ............................. Enclosed Boat storage ..................................... , :: =:~'~:~0~ ............... b. ~ ~ ~ ~ "* .,o~,'-' .. _ - ~JJ.,~,~ USa'-' ~,0~ ~ature og ~rk (check dfici~ appli~le)-. Repair ............ P~-:-~a! .....1~ .... gatimated'Cost 250, OOO. 00 Demolition ............ Other Wo~.' ............ ~ ...... .~. ~,~. ;.... .(1)esorlptim) ,~i-,~'~ ~.. (to be paid o~ fili~ this applicati~) If d~ellins, -,~r of d~ellin~ traits ............ l~=ber of ~lli~ ~lts ~ ~ fl~r ................ . I[~ ~rofm ............. ......................... D~i~ of ~sti~ s~, if ~: ~t.,.; ............ ~ ............... ' ~ '. ....... · ......... t~i~t ......................... ~r o[ S~tea ...................... D~i~ of ~ a~ ~ ~tomtt~ or ~iti~: ~t ............... ~ ............... ~pth .................... ~i~t .................... ~ of 8torles ............... Di~i~ of ~ti~ ~ ~t~t~: ~t .250' ~i~ 38'-35'-32' ~r o[ 8tori~ One si~ of ~ot: ~t 350' ~ 350' ~te of ~ ~ of Four ~r ~ or ~ district in ~i~ ~ nsi~ ~arine Il '. No ~ill 10~ ~ ~ .................... 9ill ~ fill ~oi~ro[ ~--~illiam Lieblein' -.- ..Southold NY. ' ~ 765-~445 ~ oi ~it~t Garre~ A. S~ran9 ~, Sou~hold NY. ~ ~65-5455' ~ of ~ ..~.q}..O.gL!~.~9.4 ......... ../... ~ ........................... ....~ ~ ............... PLOT DIAGRAH I~cate clearly aed dlati~ccly M1 l~ildh~s, vhether eXisti~ or p,'opo~l, and iedica~ all setTbeck dim~sio~s v,,~er~y lines. CAve st'met ~1 block mnber or descriptim ~c-_xadi~ to _~4__, and aho~ atxeet ~,.~s and iedicate mr interior or con~r lot. SEE ATTACHED SITE PLAN Garre~ A. Strang .................................................. beiug duly a~m, deposes and says thac be is t~e sppliomt individual signit~ contract) ' ' ' ned, (Contractor. aSent, corporate officer, etc.) ~mer or ~ners, and is duly a~thorlzed to perfom or have pe~maed gm S~id ~ork and to make ~d file this o~; that all statements co~tained in this apPllcatlo~ ~r~ tree to the best of his lax~l~lt~e and h/lief/ ~ork viii be perfo~-d i, tl~ ~..~r set forth i~ the apPlicatio~ filed there~th. ~o~ ~e thio . / i .... ' ..... ' " · ............. TOWH OF~ SOUTI'IO~K ~//'~ TO THE ZONING BOARD OF API~ALS. TOWN OF SOUTH~L"~'~.~. 1, (~)garrett A. Strang, Architect ~f 1230 Traveler Street Name of Appellant Street and Number Sou~hold NY ......................................................................................................................... HERESY APPEAL TO MuniciPality Stale APPEAL'NO. ~ DATE .;~..'.e~ ........ THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED 3/8/99 WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) ~) Nome of Applicant for permit of Main Road, Southold, NY Streel and Number Municipalily Slate PERMIT TO USE PERMIT FOR OCCUPANCY Permit for Construction of Indoor Boat S~orag,e.~aci~.~ty I. LOCATION OF THE PROPERTy6..2..8...4..5.....~..n..d.....62945 Main Road;' SO~thOld, NY/MarineII Street .............../Hal~l"~'t ......................................................... / Use District on Zoning Map District 1000 Section 56 Block 4 LoUl,l.3C2 - ........ : ....................................................................... cul-ren~ 0wnerBudd's Pond ReBlt¥ and Map No. 'Lot No. Prior 0whetWilliam H. Li~blein 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinande by number. Do not quote the Ordinance:) Article xzI Section 121,122 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 Law Chapd 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (*~s) (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 is requested for the reason that Insufficien~ L0t A~a, Insufficient Depth, Excessive Building Height Insufficient Rearyardr Form (Continue on other side) REASON FOR APPEAL ' '"' ' i~':ilJ'~"c°ntlnued' 1. STRICT., ,APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because· ..... the i~suS£'~'C.ient lo%' areas of e~ch' lot would prohibit.con~'ruct'ioh' of a structure in,compliance with regulations. The proposed merging of the two ~tanda~d .lots (although resulting in one.substandard, lot), · creates a .lot wit~M~"~e nob-conformity redu~; 2. The hardship created is UNIQUE and Is not shared by oil properties alike in the Immediate vicinity of this'pl;6perty and In this use district because the lots were created prior to:.existi~g ~oni~g ,3..T ~e. Ya, r. Le~$e,,Wgul4 ,gbs~.z.," Ib~t,~Pl[jt,~-~l~%~)f(lln?nc~ and WOULD. NOT .CHANGE THE CHARACTER OF THE DISTRICT because surrounding properties are developed with similar Marine type uses. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) Signature Sworn Io this ~ / ~ .............................................. day of ............ ~a. ~,ch ................................ 19gg TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE J.u,D.e... 2, ~., ... ~,.9.9...9 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. I, (:t¢~) ..... ~.~t ~x.e ~.'¢,..A.,...~.t;~i~.g.,...A~.ch J,.~..~ ~IL ....... ~2.~.fl...T.~.~.Y.~.9.~...~.~.r..e...e..'9. t ..................... Name of Appellant Street and Number Southold NY ............................ H£REBY APPEAl TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON 3/8/99 APPLICATION' FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ( (x) District lO00 Section56 Block4 LOtll,~.Current Owner William H. Map No. 'Lot No. Prior Owner. _ Nome of Applicant for permit of Main Road, Southold, NY Street and Number · Municipality State ) PERMIT TO USE ) PERMIT FOR OCCUPANCY Permit for Construction of Indoor Boat Storage Facility 62845,62945 Main Road, Southold, NY/Marine II LOCATION OF THE PROPERTY ................................................................................................... 1S~ree~t /~am~et / Use District on Zoning Map · Budd's Pond Realty and Lieblein 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Poragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Ar{icle xzz Section 121,122 3. TYPE OF APPEAL Appeal is mode herewith for (please check.appropriate box) (x) ,~ 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, ]6 Sec, 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal F,~s) (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 fo~' 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 is requested for the reason that Insufficient Lo~ Area, Insufficient Depth, Excessive Building .He.i. ght Form ZB1 Insufficient Rear Yard and (Continue on other side) REASONS FOR AREA VARIANCE ONLY ~to be com leted b a licant : D~ these s~ds for "use variance" or ,'special exception." (Also attach sheets if necessary, with signatureS.) 1. An undesirable change will NOT be produced in the character of the neighborhood or a detriment to nearby properties, if granted , non-conforming BECAUSE. tl,e new lot, being created from two existing lots, although still non-conforming, is closer to the required zoning area than existing, and shou~a be considered a desirable change. 2. The benefit sought by the applicant CANNOT be achieved by some method, feasible for the applicant to pursue, other than an area variance BECAUSE: the existing lots were existing~as legal, buildable'~ lots prior to the zoning change lncreasl g the required lot area. There is no additional property available to annex to these parcels and there is nc other option available other than seeking this variance. 3. The amount of relief requested is not substantial BECAUSE we are creating a lot closer to compliance with current zoning by merging the two existing non-conforming lots. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE the surroundl g propertle are developed with similar Marine type uses and we are creating a lot more in compliance with current zoning. 5. llas the alleged difficulty been self-created? ( ) Yes. (x) No. 6. This is the minimum that is necessary and adequate, and at the' same time preserve and protect the character of the neighborhood and the health, safety and welfare of the Community. STATE OF NEW YORK) COUNTY OF SUFFOLK) Sworn to before me this txtlk/form.var/temp Applicant) ( Agent must attach written consent from owner. 28th day of June , 1999 N/tary Public - ...... TOWN OF SOUTHOI~ PROPERTY RECORD CARD "'/ OWNER STREET FORMER OWNER N E S W VILLAGE DIST.J SU". LOT TYPE OF BUILDING RES. LAND . IMP. VL. ,,~3 t)' TOTAL FARM DATE COMM. CB. MICS. Mkt. Value REMARKS ,~'~ .~.~, c~ AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER Woodland Meadowland FRONTAGE ON ROAD DEPTH House Plot BULKHEAD Total DOCK OWNER TOWN OF SOUTHOI~ PROPERTY RECORD CARD FORMER OWNER N S SEAS. VL IMP. NORMAL Acre FARM RES. VILLAGE E LAND TOTAL DATE W ~.~ ST. SUB. LOT I ' ACR. ~PE OF BUILDING COMM. CB. MICS. Mkt. Value AGE BUILDING CONDITION NEW BELOW ABOVE FARM Value Per Value Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD Total DOCK J. PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman GEORGE RITCHIE LATI~AM, RICHARD G. WARD 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 Re: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. ,~ ProjectName: g~D/Y ~vn~ ~r~ ~ ~/~/~ ~ ~ff Z~ Requested Action: ~o~~/~ ~ ~ /~ o~= 5~ SEQRA Classification: ( ) Type I ~X) Unlisted Contact Person: ..~. ~'- .~'//~ ~- 5/"l /~' f'~ (516) 765-1938 Page 2 Lead Agency Coordination Request The lead agency will determine the need for an environmental impact statement (ELS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: (/~) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other (see comments below) Comments: Please feel free to contact this office for further information. · cerely, Bennett Odowski, Jr. Chairman cc: Board of Appeals Board of Trustees Building Department Southold Town Board Suffolk County Department of Health Services NYSDEC - Stony Brook NYSDEC - Albany ~;kCuu,,[y C;,~,-t~,,~nt cf Public Wc, rk$ -- b.kE~. Arm:,, Cerp of Engi~zcrs -- New York State Department of Transportation Thomas Cybulski, Greenport Public Utilities David Abatelli, Greenport Village Administrator .-Suffolk Cc, u~ty Water Authority.- *Maps are enclosed for your review -~b f~ ¢-~ ~ rev. 4~94 PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman ~,MTT) WILLIAM J. C~ERS /\~Q~t~ KENNETH L. EDWARDS RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant September 13, 1999 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed site plan for William H. Lieblein SCTM#: 1000-56-4-11 & 13.2 Location: Rt. 25, Southold SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This proposed site plan is for the construction of a 10,000 square foot boat storage building. Page 2 SEQR Negative Declaration -William H. Lieblein September 13, 1999 Reasons Supporting This Determination: This project involves the construction of a 10,000 square foot boat storage building. The proposed boat storage building is a permitted use in this Marine II zone (Mil), thus the proposed action is consistent with zoning. An Environmental Assessment Form has been submitted and reviewed, and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. The applicant will have to comply with the requirements of the Suffolk County Sanitary Code (SCSC) and all relevant standards of water supply and sewage disposal systems. Design and flow specification, subsurface soil conditions and site plan details will have to be approved by the Suffolk County Department of Health Services (SCDHS). This impact is not considered significant due to the anticipated project compliance with established requirements of the SCSC and the SCDHS and the required relevant permits. For Further Information: Contact Person: Robert G. Kassner Address: Planning Board Telephone Number: (516) 765-1938 CC: John P. Cahill, DEC Albany Suffolk County Dept. of Health Suffolk County Water Authority Elizabeth Neville, Town Clerk Southold Town Building Department Southold Town Board of Appeals Southold Town Trustees Applicant ~ 4.~4 (~ ~Jg7)--q " PROJECT ID NUMBER S17,20 SEQR. ' SHORT ENVIRONMENTAL ASSESSMENT,FORM for UNLISTED ACTIONS Only PART I;P. ROJECT INFORMATION (To be completsd by/~ppllcant or Project Sponsor) APPuCANT/sPoNsoR Z PROJECt'NAME Budd' s Pond Real.fy Inc. Architect ~illiam H. Lieblein e Uunicipallh, Southold . ' Suffolk North Side Main Road (Rt. 25) · - Southold, NY 11971 South of Long Island Railroad ~ . . : 5. iS PROPOSED ACTION: · '. ~- New O Expansion m Modification/alteration 6. DESCRIBE PflOJEGT BPJEFL'P. , Construction of an indoor"boat storage facility., ,. 7. AMOUNT OF LAND AFFECTED: Inl"-"y .80 e~,e* . UI",,~e~, .80 ~.~e~ . · 8. WILL PROPOSED ACTION COMPLYWITH ETJSTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [3 Yes :~ NO Ifno, desc~e Iwlefly Variance will be required/for, rearya, rd setback and buildin9 height 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? . O ResidenL~J I1 'lndusblal ~M~ C,~nmeml~ Describe: rn A~rlculluf~ [] PmWForesllOpen Space. ~ OUter 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER OOVERNMENTA), AGENCY (FedefaJ. State or LOCal)? · ID ~e~ 0 No I~ yes, I~ ag~(s) Southold Town,: Building Department, Planning Board, Trustees NYS Department of'Transport:ation ,. ~ 1. DOES ANy ASPECT OF THE ACllON NAVE A cum%ENTLY VA~D PFAMIT OR ARPROVAL? 0 Ye~ ~ No I/ye~.lL~t agen~/nameam:lpemg~pmva/ 12. AS A RESULT OF PROPOSED ACTION WILL EYJSTING PERMITIAPPROVN, REQUIP~ MOD FICATION? 0 Yes 0 NO I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ApplicantJSponsorName Garr~tt, A. S~rang, ArChitect/Agent D-'- 3/18/99 I ' ?: ' ~'.~lf the .action Is In tho Coastal ~6a,.and are:a.state.agency,.':'=:? ~,~.';;: .:' I you COUNTY OF SUFFOLK DEPARTMENT OF' PLANNING Town of Southold Zoning Board of Appeals ROBERT J. GAFF~IEY SUFFOLK COUNTY EXECUllVE August 17, 19 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) Lieblein, William H. & Budd's Pond Realty, Inc. #4698 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc LOCA3iON MAILING ADDRESS H. LEE DENNISON BLDG. - 43~1 FLOOR · P, O. BOX B I O0 · (5 I ~) 853-5 I BO BOARD OF APPEALS TOWN OF SOUTHOLD (1-516) 765-1809 tel. (1-516) 765-9064 fax Pursuant to Article XIV of the Suffolk County ~ministrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers th~ following to t~e Suffolk County Plann/ng C~mHssion: X Variance from the Zoning Code, Article XII , Section 100-I2i & 100-122 Variance from Determination of Southold Town Building Inspector .. Special Exception, Article , Section _ Special Permit Appeal No: 4698 Applicant: William H. Lieblein & Budd"§ Pond Realty, Inc. Location of Affected Land: 62845/62945 )lain Road, Southold, N.Y. 11971 County Tax Map Item No.: lO00- 56-4-11 & 13.2 Within 500 feet of: _ 'Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) 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 Comments: 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 Applicant is requesting permission., to f~r variance, ~nsufficient lot ' ' ' insuffi ' r r & excessive buildin hei hr. your review. .~4200 North Ocean No. 504-2 Drive, Singer Island, Florida 33404 July 16, 1999 Southold Town Board of Appeals Southold Town Hall 53095 Main Road Southold, New York 11971 Re: Application No. 4698, William Lieblein and Budd's Pond Realty_ I write concerning the subject application for a variance to build a large commercial building on a grossly undersized lot with insufficient setbacks and other site, design and use flaws. My family members and I own a twenty-seven acre parcel of residentially zoned property immediately to the north of the applicants' lands. ~ It is separated fi.om theirs only by the LIRR right-of-way. My family has owned this land for over seventy years in anticipation of its value as residential building lots. We object to the proposed variances for several reasons. First, the applicants have disingenuously represented their interests and the site conditions. Apparently to show some awareness for the bulk requirement in an M-II district of 80,000 square feet, the applicants have mere, ed two substandard parcels into one substandard parcel that still is less than haffthe required area. In their application, Lot 11 and Lot 13.2 are merged for a total of only 35,000 sq. ft. According to the Town Assessor's records, William Lieblein is President of Budd's Pond Realty, which owns Lot 13.2; and William Lieblein owns Lot 11. The fact is, however, that Mr. Lieblein controls, not two, but three contiguous lots at that location that total over 66,000 sq. ft. What has been curiously omitted fi.om the application is any information about the adjoining parcel immediately to the west of those in this application. Another of Mr. Lieblein's businesses, Port of Egypt Enterprises, owns that parcel, Lot No. 10.1, and its area exceeds 31,000 sq. ft. By combining two very small lots, the applicants apparently want to appear to the Board to be making an effort to mitigate their intent to grossly violate the bulk requirements. Had they made a genuinely reasonable effort, however, all three narcels would have been consolidated in the application, making a parcel with over 82% of the minimum. Because of the omission of Lot 10.1, we objectants are highly concerned that, if this variance is granted as-applied-for, another application for another non-conforming building on another non- conforming lot will follow in the future. Such an occurrence would frustrate the objective of the zomg ordinance to eliminate non-conforming property in the Town. And it would double the adverse effect on neighboring residential properties as well as ours. 2 Our property is identified on the Southold Tax Map as Section 56, Block 1, Lot 8.1 (23.9 acres) and Lot 10 (3.2 ac~s). It does not appear that other owners of residential property in the vicinity were given notice of this application ~ certified or registered mi. Second, the application insufficiently demonstrates that the benefit to the applicants outweighs the detriment to the community. This is particularly so as to the "detriment to nearby properties [that] will be created by the granting of the area variance.''~ It is undeniable that Mr. Lieblein already receives substantial financial remm fi.om the property in its present use for outdoor boat storage for his marina clients. But while it may increase Mr. Lieblein's return, such a large building on a grossly substandard lot will have a substantial negative impact on the desirability and value of other residential property in the area as well as ours. This is because the site has less than half the area required; and the proposed rear setback and building height are in substantial non-conformity, as well. Third, we understand that the proposed building will be used for "rack storage" of boats.4 This means that there will be forklift tracks regularly crossing Main Road carrying large boats, particularly on summer weekends. The effect on automobile traffic on this heavily traveled road will be substantial. Yet the application fails even to mention this aspect of the project, let alone address its impact on vehicular traffic. The NY State Department of Transportation should investigate and expressly permit this traffic hazard so that it does not occur by default.~ For these reasons, we respectfully request that the Board deny the instant application. In the event, however, that the Board is inclined to permit the non-conforming construction, we respectfully request that it impose an additional constraint on the project. We are aware that it is often the practice of this Board to condition a variance on compliance with additional requirements. Some of these--construction of a vehicle barrier to permit a front yard swimming pool, for example~require additional investment by the applicant. Yet, these requiremems do not unduly burden the owner's nonconforming use. The same sort of requirement is appropriate in this case, as well. Thus, if the Board does not deny this application for the reasons stated, we respectfully suggest that it would be reasonable to reauire the consolidation of all three parcels (Lots I0.1, 11 and 3.2) as a condition of granting a variance for the construction of so large a building on so small a lot. This will mitigate the offense to the zoning ordinance and the negative impact on adjacent residential property. Equally important, this will prevent additional non-conforming use in this area in the furore, thereby advancing a goal of the zoning ordinance. Respectfully submitted, John Q. Adams NY Town Law § 267-b (3) Co). In a mc& storage system, boats are stored on land and not in the water, even m the s~mmer. The boats are placed m and out of the water by large forklift trucks when the owner wishes to use it. We believe this is already the practice at the applicants' Port of Egypt manna to the south of the Main Road Apparently, the applicants' only contact with the DOT concerned curb cuts. TO: FROM: DATE: SUBJECT: '~ d ZBA Chairman an Members ZBA Office Staff e~Up 7//~ date- ~ With reference to the above application, please find attached the following new information added to the official ZBA office file: Commellts: ............................................................... N~mber of Pages Attached: PLANNING BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: RE: DATE: Appl. Gerard P. Goehringer, Chairman, Board of Appeals Bennett Orlowski, Jr., Chairman ~ ~ Appl. No. 4698 William Lieblein/Porl Appl. No. 4708 Mark Lieb Appl. No. 4660 Empire Gas Station June 10, 1999 No. 4698 William Lieblein/Port of Egypt The Planning Board is in favor of this Project. The Board considers the natural vegetation on the site to be part of the required 20% landscaped area and thus meets the requirements for the 20% landscaping. If the Zoning Board grants the variance for the creation of a non-conforming lot from the two existing smaller non-conforming lots the Planning Board will recognize the lot created by this variance. Appl. No. 4708 Mark Lieb The Planning Board is not in favor of granting this building width variance. The Board supported the code change to a maximum of sixty feet in width for buildings in the Limited Business zone. To grant this variance would establish an unacceptable percent. Appl. No. 4660 Empire Service Station The Planning Board is in favor of this application. Garrett A. Strang .M:chitect May 25, 1999 12~0 Traveler St., Box 1412 Southold, NcwYork 11971 Telephone (516) 765-5455 F~x (516) 765-5490 Mr. Bennett Orlowski, Chairman Town of Southold Planning Board Main Road Southold, NY 11971 Re: Proposed Storage Building Main Road, Southold, NY 11971 Suffolk County Tax Map #1000-056-04-11,13.2 Dear Mr. Orlowski and Members of the Board: Enclosed please find copy of sketch of Site Plan, been filed with the Zoning Board of Appeals in with the above referenced matter. which has connection Please be advised that a variance is being sought for the creation of a non-conforming lot from the two (2) existing smaller, non-conforming lots and the Zoning Board will be in contact with your office requesting your comments. If you require any additional information, please contact my office. Very truly yours, ~A. Strang, R.A. Architect c: ZBA PLANNING BOARD MEMB]~ BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS K~NNETH L. EDWARDS GEORGE RITCHIE LATHAM, RICHARD G. WARD 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 APR 2 01999 i!: April 20, 1999 Garrett A Strang 1230 Travelers Street Southold, NY 11971 RE: Proposed Boat Storage building for Budd's Pond Realty Inc. & William H. Lieblein Route 25, Southold SCTM# 1000-56-4-11 & 13.2 Dear Mr. Strang, The Planning Board has received your letter of April 9, 1999, regarding the above project. The following additions/changes must be made before the Board can proceed with its review: 1. Drainage 2. Elevation drawings and materials 3. Street trees should be planted inside the property Hne 4. Outdoor lighting In addition to the above, the lot area, depth, rear yard and building height do not meet Code requirements. Reviews will be be required by the New York State Department of Transportation, Suffolk County Department of Health Services and Architectural Review Committee. Your application will be sent to the Building Department for pre-certification of use. If you have any questions, or require further assistance, pleas contact this office. Site Plan Reviewer cc: Gerard P. Goehringer, Chairman Board of Appeals Edward Forrester, Director of Code Enforcement 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 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville April 19, 1999 Zoning Appeal No. q698 - Budd's Pond Realty Transmitted herewith is Zoning Board Of Appeals Application ~698 - Budd's Pond Realty. Also included are enclosures as per transmittal letter from Garrett A. Strang, dated March 2~, 1999. Garrett A. Strang ,Architect March 24, 1999 1230 Traveler St., Box 1412 Southold, New York 11971 Telephone (516) 765-5455 F~ (516) 765-5490 Mr. Gerard Goehringer, Chairman Town of Southold Zoning Board of Appeals Main Road Southold, NY 11971 Re: Proposed Storage Building Main Road, Southold, NY 11971 Suffolk County Tax Map #1000-056-04-11,13.2 Dear Mr. Goehringer: Enclosed please find the following in connection with the above referenced matter: 1. Copy of Notice of Disapproval from Building together with permit application; 2. 3. 4. 5. 6. 7. Please hearing owners. Department, Completed application; Completed Environmental Assessment Form; Completed ZBA Questionnaire; Copy of survey and seven (7) site plans; /~ ~(~j Letter of Authorization from Owner; and ~ Check in the amount of $500 as application fee. i~ review the enclosed advise me of the date of the in order that I might notify surrounding property If you have any questions, please do not hesitate to contact my office. Very truly yours, ~Garrett A. Architect Strang, R.A. Encs. LETTER OF AUTHORIZATION Re: Proposed Storage Building Southold Premises, SCTM #1000-56-04-11 & 13.2 I, William H. Lieblein, authorize GARRETT A. STRANG, Architect to act on my behalf when making application to New York State, Suffolk County, Town of Southold or any other Governmental Agency with regard to the above referenced premises. WILLIAM ~{. LIEBLEIN Sworn to before me this day of --~ ~A3~ , 1998. Notary Publico State of New York The. M.Y.$. ~vi=o'mnencal Qaal!~M ~ev£sw ACS =equires su~migsio~ of ~.~s fcr'~, and an enviro'~encal :eview will be made by ~Axs ~o~cc before any action is ~Akea. .SHO~T ENVI?,ONMENTAL ~SESSMENT FOUR ,INSTRUCTIONS: ia) ~n or,ar to answer ~ha questions in ~his short ~AF it is &ssm~ed ~ha= ~he preparer will use currefltly available in£crm&~ion concerning addi~ioma~ studies, research or c~har investiga~iona will be undertaken. (c) ~f ~1 ~s~ons have be~ ~swered No it is ~ely ~= ~e (d) Enviro~ntal ~sessm~nt 1. Will projecu result ~ a l~ga' physical ~ ~8 proJe~ si~ or physi~ly'al~ 2. Will ~e=e be a ~jor ch~ge to ~y ~ique or ~1 ~ fo~ on ~e si=e~ Yes ~No 3. WAll prn~ec= a!~a~ or ~ve a L~ge effect on 4. WAll pro,ac= have a po=~all~ l~ge ~ac= on on adjac~= sit.si · Yes x 6. WAll Pro~ec~ ~fac= ~y ~eat~ed o= 7. WAll proJec~ res~C ~ a ~Jor ~v~se e~fec= on ~r ~l!=~? Yes X ~o 8. WAll ~roJec= have a ~jo= e~fec= on visual ac=ar o~ ~e co=~ity or stoic views or 9.Will pro~ec= adversely ~pac= ~y site or ~e of ~S~oric, pr~his=oric, o= ~po~c8 or' ~y aiwa desi~ed as a c=i~cal ~vir~=al ~ma by a local agea~ ~es X~o 10. Will project hay6 a ~o= affe~ on ~s~g o= ~. Will project reS~C ~ ~jor ~fic probl~ or noise, gl~e, v~ra~ion, or tlec~ical dis~ 13. ~ill projecU have ~y ~ac= on p~lic heal~ or s~ecy? ~es ~No ~=ec~l~ ~us~g a ~row~ ~ pe~ popula- ch=ac=e= of ~e c~y o= neig~o=hood? hp=es~=in~:Budds Pon~ ~ealt~ and Da~e~ 3/24/99 ~UESTICNNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial i~terest in the s~bject pr~mises and a description of their i~terests: (Separate sheet my be attached.} Budds Pond Realty eno William B. Is the.suhjec= premises lis=ed on the real es=ate marXe= for - sale or be~,g shown to prospective buyers? { } Yes {x } NO. (If YeS, p1~ a~-~ c.o~. o~ "ccnd/~,, cf sale.) Yes {x} No D. 1. Are there any areas which contain wetland grasses? yes 2. Are the wetland areas shown on the ma~ submitted with this application? yes 3. Is the proper~fb~u!kheaded between the wetlands area and ~he upland building area? 4. If your properS/ cont~ains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determiner_ich of ]urlsc.lctlon. yes E. Is there a depression or sloping elevation near the area of proposed construction at or below five fee~ above mean sea level? (If not applicable, state "N.A.") F. Are there any pa~ics, concrete harriers, bulkheads cr f~co~ which ~=and are not ~h=~n =at. he survey map that you ara su~mitt-ing? ~one If none exist, please state "none." G. Do you have any construction takinq place at this time concerninq your pr=~ises? no If yes, please sub:mit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? yes If !es, please explain where or su~mit copies of deeds. Adjacent to the west. and immediate south I. Please list present use or c~erations conducted a= this parcel outdoor boat storage and proposed use inuoor DOa~ s~orage ~.~orized Signature ann Date 3/87, 10/901k ZALS BOARD MEMBERS C,,.,ard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1509 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) 76571823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appeal No. 3770. Matter of the Application of the PORT OF EGYPT ENTERPRISES, INC. for a Variance to the Zoning Ordinance, Article XII, Section 100-121C- 122, Article XXII (Section 100-239D as disapproved by the Building Inspector) for permission to construct boat storage building with insufficient setbacks and ~xcessive lot coverage in this Marine II (M-II) Zoning District. Property location: Main Road, Southold, NY; County Tax Map District 1000, Section 056, Block 04, 06, Lot 10.1, 11, 12.2, 3.2, 3.3, 4, 6.1. WHEREAS, public hearings were held on September 21, 1989, December 19, 1989, February 1, 1990, and March 29, 1990; and WHEREAS, at said hearings all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present and previous zoning classifications, and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: Page 2 - Appeal No. 3770 Matter of PORT OF EGYPT ENTERPRISES, Decision Rendered May 1, 1990 INC. 1. By this application, applicant is requesting variances to the zoning code as to area setbacks for the construction of a ~oat-storage building for the inside storage of boats, of Yarisus ~i~.,~'., ma~ny (presently) stored at the premises out-of-doors and (presently) without appropriate screening or setbacks due to the existing nature of the bu~]dJn§s & uses of the premises under consideration. 2. The premises in question is located on the south side of the Main Road (State Route 25) in the Hamlet and Town of Southold, contains a total site area of 4.96 acres (216,058 sq. ft.), and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 056, Block 4, Lots 10.1, 11, 13.2, and Section 056, Block 6, Lots 3.2, 3.3, 4, 6.1. 3. The subject premises is located in the M-II Marine Zone District and is and has since prior to the enactment of the zoning ordinance in 1957beenused for outside boat storage, as well as marinas uses, retail and wholesale uses, engine and boat repairs, servicing, maintenance, sales to the general public, office use, restaurant use, fishing, and other marina and fishing station-type uses, and many accessory uses relative thereto. 4. The variances necessary in this project and requested by the applicant are as follows: (a) insufficient sideyard setback for the proposed building at the easterly yard area at a minimum of 15 feet, and (b) insufficient southerly setback from the proposed building to the inside of the bulkhead along the watersedge at a minimum of 38 feet (40 feet, more or less, to the outer edge of the existing bulkhead). 5. The sections of the zoning code applicable are as follows under the current zoning code and master plan amendments as adopted: (a) sideyard variance - Article XII, Section 100-122 and Bulk Schedule; (b) setback from bulkhead - Article XXII, Section Page 3 - Appeal No. 3770 Matter of PORT OF EGYPT ENTERPRISES, Decision Rendered May 1 , 1990 INC. 6. The building as proposed herein is shown on the property and building plan lastly dated April 11, 1990, and shows: (a) the building to be oi a size 203 feet by 125 feet; (b) the setbacks of the proposed building to be 15 feet from the easterly property line at its closest point; 38 feet (to the bulkhead existing to the south (along the waters edge); minimum of 35 feet to the front property line at its closest point in accord- ance with the required setback of the code; and approximately 59 feet to the westerly line along the basin (c) the existing metal building, sheds, restaurant ~uilding, docks, bulkheads, concrete sla~s, ramps, office and shop structure, and four existing buildings which are to be removed, as well as the proposed parking plan for all uses at the site. 7. For the record it is noted that: (a) the subject premises has been the subject of prior determinations by the Board of Appeals under: (1) Agpl. No. 3086 rendered May 19, 1983 - Denial to construct addition with an insufficient frontyard and for retail sales; (2) Appl. No. 3481-SE and 3494 rendered May 28, 1986 conditionally approving replacement of fuel storage tanks with insufficient setbacks; (3) Appl. No. 3525 rendered July 31, 1986 for Special Exception approval concerning location of fuel tanks. (b) this project is also under consideration by the Southold Town Planning Board for site plan approval under Article XXV of the Zoning Code, and as of this date, is still pending. (c) under the N.Y.S. Environmental Quality Review Act (SEQRA), this action for area setbacks has been deemed to be exempt as a Type II Action for coordination; however, such exemption does not prohibit or restrict any other department or agency to further evaluate or declare any other status under SEQRA. Page 4 - Appeal No. 3770 Matter of PORT OF EGYPT ENTERPRISES, Decision Rendered May 1 , 1990 INC. 7. (d) subsequent to the filing of this application, applicant has amended the application to eliminate the necessity for a variance as to excessive lot coverage andas to reduced front yard setback. The percentage of lot coverage for all buildings, existing and proposed, is shown to be 29.91% (64,615 sq. ft.), and the maximum permitted under the zoning code in this zone district is 30%. (e) all other areas of the bulk schedule will be, upon informa- tion and belief, in compliance with the zoning code, including the height of the proposed building, that being the vertical distance measured from the average elevation of the existing grade adjacent to the building (before any alteration or fill) to the mean height between cave(s) and ridge for roof types other than flat or mansard (or to the highest point of the roof for a flat or mansard roof). (See HEIGHT in Section 100-13 Definitions, and bulk schedule height limitation at 35 feet in this M-II zone district). 8. In considering the variances requested, the Board finds: (a) the amount of relief requested at to the side yard is substantial at 10 feet; however the buildings now existing along the easterly yard area substantially nonconforming as to setbacks will be removed, and the placement of the subject building will be at a greater setback than as exists; (b) the unique characteristics of the land and its present conforming uses (such as outside boat storage and related outside activities) lend to the hinderance of better maneuverability of boats, better accessibility, minimizing overall congestion, better interior circulation, better parking and traffic accessways, and general good order and safety; (c) there is no alternative available for appellant to pursue other than a variance; (d) the practical difficlties are uniquely related to the Page 5 - Appeal No. 3770 Matter of PORT OF EGYPT ENTERPRISES, Decision Rendered May 1 , 1990 INC. land and are not personal to the applicant; (e) the relief, as granted and further noted below, will not in turn be adverse to the safelty, health, welfare, com~ort, convenience or order of the town; (f) the relief, as granted and further noted below, will aid in minimizing overall congestion, help to improve interior circulation and aid to its general good order and safety of the public; (g) there will be no substantial adverse change in the character of this marine district; (h) strict application of the ordinance will, if the variance is denied, cause continued congestion and poor on-site circulation, and will hinder improvement to accessways for vehicles and pedestrians without proper zoning restrictions and controls); (h) the variance will not in turn cause a substantial effect of i~reased density or be adverse to the safety, health, welfare, comfort, convenience or order of the town; (i) the existing nonconformities of the existing buildings within the easterly yard areas will be eliminated; (j) in view of the manner in which the difficulty arose and in considering all of the above factors, the interests of justice will be served by granting the variances, as further noted below. NOW, therefore, on motion by Mr. Dinizio, seconded by Mr. Sawicki, it was Page 6 - Appeal No. 3770 Matter of PORT OF EGYPT E~TERPRISES, Decision Rendered May L 1990 INC. RESOLVED, to GRANT the relief requested for a setback from the easterly sideyard at 15 feet and for a setback from the existing bulkhead at its closest point at 38 feet, as applied under Appeal No. 3770 in the Matter of the Application of PORT OF EGYPT ENTERPRISES, INC., SUBJECT TO THE FOLLOWING: 1. That the building be used as applied for boat storage only; 2. That the size of the proposed building be not larger than as applied (203' by 125'); 3. That the lot coverage not exceed thirty (3~%) percent, for all buildings for the entire marina-restaurant site, excluding concrete slabs at 6" or less from ground level; 4. That the parking plan included all properties owned jointly and/or separately to provide for additional parking (specifically the parcel located along the north side of the Main Road in which the applicant has an interest as well as those parcels described, supra). 5. That it is recommended that the building be of a color neutral to the aquatic surroundings so as to blend in(with the natural surroundings.) 6. That the setbacks not be reduced to less than 15 feet at the easterly side property line and not less than 38 feet to the bulkhead (to the south) at its closest points at any time. 7. Ail roof runoff be retained in leaching basins. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, Grigonis and Sawicki. Absent was: Member Doyen of Fishers Island. This resolution was duly adopted by unanimous vote of all members present. ~/APPE~kLS BOARD MEMBERS _~) James Dinizio, Jr. .~. G~rard P. Goehringer, Chairman ~. ? x Lydia A. Tortora Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Lora S. Collins ~ne (516) 765-1809 George Homing ~[~?r~D .~[~ BOARD OF APPEAL5 T-~iE - /"/LED By J TOWN OF SOUTHOL DZ T~ ' r?[ r THURSDAY, JUNE 24, [9~9~Tovea C')~_, _ REGULAR MEETING Cler~ , A Regular Meeting of the SOU-FHOLD TOWN BOARD OF ~t the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY. 1999 commencing at 6:35 p.m. Present were: Gerard P. Goehdnger, Chairman Lydia A. Tortora, Member Lora S. Collins, Member George Horning, Member Linda Kowalski, ZBA Secretary. Absent was: James Dinizio, Jr., Member 6:40 p.m. Chairman Goehringer called the meeting to order. I. SEQRA RESOLUTION: A. Motion was made by Chairman Goehringer, seconded by Member Collins, and duly carried, to declare the following projects as "Type II Actions" (no further steps under SEQRA) for the following setback, lot area, building length, and/or accessory use projects: #4696 - George and Eileen M~ugh #4697 - Fred and Mary Milner #';698 - William Lieblein #4699 - Lisa Jerome #4702 - Dan and Madeline Abbott #4703 - Mike Morrison #4704 - James Hunter #4705 - Raymond Mitchell #4706 - Richard Bdggman #4707 - Nancy Wellin #4708 - Nark Ueb #4709 - T. Losee #4710 - 3, Frazzitta. #4711 - C. Davids. ./ Page 2 - Minutes Regular Meeting of June 24, 1999 Southold Town Board of Appeals #4662 - P. Rushin & Motley. This Resolution was duly adopted (4-0). B. COORDINATION U- ~ I ERS: Mattituck Libra~ - Planning Board, Lead Agency/Unlisted Action Designation and coordination letter (for all involved agencies). Reviews pending. II. PUBLIC HEARINGS: 6:35 p.m. Appl. No. 4685 - VINCENT TORRE. This is a request for a Vadance under Zoning Code Chapter 100, Artide III, Section 100-31C(2) based upon the October 20, 1998 Notice of Disapproval (updated .lanuary 27, 1999) regarding a building permit application to convert accessory ham for retail sales in conjunction with applicant's Art Studio and Gallery, disapproved for the reason that retail sales and a gallery for public viewing in the accessory building is not a permitted use in this A-C Zone. Location of ProperLy: 100 Sound Avenue, Mattituck, NY; Parcel ID 1000-120-3-1. (No appearances were made.) Applicant, by his agent Proper-T Services, Inc., requested a postponement. Motion was made by Chairman Goehdnger, seconded by Member Tortora, to recess the hearing to the .luly 22, 1999 headngs calendar, pursuant to applicant's request. VOTE OF THE BOARD: AYES: Goehringer, Tortora, Collins, Homing. (Member Dinizio was absent.) This Resolution was duly adopted (4-0). PUBLIC HEARINGS, CONT[NUED: 6:38 p.m. Appl. No. 4687 - ~]~,~J,~.~: This is a request for a Lot Waiver under Chapter 100, Article II, Sec~don 100-26, for a substandard (vacant) lot known as 275 Village Lane (west side), at Mattituck, NY, situated approximately 122 feet north of the Main Road, identified as Parcel 1000-114-6-5. This request is based upon an application for a building permit and the Building Department's March 22, 1999 Notice of Disapproval which states that Article II, Section 100-25 merged this lot with an adjacent house lot to the west referred to as 15405 Main Road, Mattituck, Parcel No. 1000-114-06-03. ~chard F. Lark, Esq. spoke in behalf of the application. Also present was Mrs. Steele. Alter receiving te..~Jmony, motion wasmade by Chairman Goehdnger, seconded by Member Tortora, and duly carded, to close the hearing. This Resolution wasduly adopted (4-0). IV. AGENDA ITEM: A. Motion was made by Member Tortora, seconded by Member Homing, and duly carried, to approve the Minutes for the May 20, 1999 Meeting. This Resolution was duly adopted (4-0). B. Code Committee Sessions (none scheduled). LETTER OF AUTHORIZATION Re: Premises, North side NYS Route 25, Southold, NY sCTM ~1000-56-04-11,13.2 I, WILLIAM LIEBLEIN, being a principal of BUDD'S POND REALTY, hereby authorize GARRETT A. STRANG, Architect to act on my behalf when making application to New York State, County of suffolk, Town of Southold, or any other agency with regard to the above referenced premises. /-/--'-'/BLEIN for W/ILL~AFfLIE , BUDD'S POND REALTY CORP. Sworn to before me this ~ day of .~on~, 1999. tary pu~,~c, State of New rk NOTICE OF PUBLIC HEARINGS SOU~IOLD TOWN BOARD OF APPEALS THURSDAY, JULY 22, 1999 NOTICE IS HEREBY GI~VEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following applications will be held for public hearings by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road. Southold, New York 11971, on THURSDAY, .IULY 22, 1999 at the times noted below (or as soon there- after as possible): from 6/24} Appl. No. 4698 -- WILLIAM LIEBLEIN BUDD'S POND REALTY. Vari- ances for lot size, proposed ~ setback and t)uilding heieht at 62845 and 62945 Main Road, Southuld; 1000-56-4-11 and 13.2. Zone: M-Il Marine District. 5:55 p.m. Appl. No. 4727 -- STANLEY PAWLOWSKL This is a request for Variance under Article 111, Section 100-30A.3, Bulk Schedule, based upon a Notice of Disapproval issued with regard to lot coverage in excess of code limita- tion for a proposed accessory stor- ' age building at 1785 Crown Land Lane, Cutchogue; Parcel 1000-102- 7-4. 6:00 p.m. Appl. No. 4714 -- ROBERT and .IOYCE BARRY. This is a request for a Variance under Article III-A, Section 100- 30A.4 based upon a Notice of Dis- approval issued June 7. 1999 for the proposed location of a new, detached two-car ~araee in an area other than the required rear yard. Location of Property: 875 West Cove Road, Cutchogue, NY; Parcel 1000-111-3-18. 6:10 p.m. AppL No. 4713 -- F. and L~ MARKHAM. This is a request for Variances under Article XXIV, Section 100-244 based upon a Notice of Disapproval issued March 15, 1999 for the proposed location of a new addition to dwelling with an easterly side yardi at less than the existing eight feet and combined ~jde yards at less than 25 feet. Location of Property: 875 Mason Drive, Cutchogue, NY; Parcel 1000- 104-5-37. 6:15 p.m. App[. No. 4715 -- GHE. GORY MICHELIS. This is a request for a Variance under Article Ill, Section 100-33, based upon the June 8, 1999 Notice of Disapproval which states that the proposed in- ground oool with deck is requested ill a side yard rather than the required rear yard. Location of Property: 430 Salt Marsh Lane, Peconic, NY; Parcel 1000-68-3-13. 6:20 p.m. Appl. No. 4716 -- STANLEY RUTKOWSKI. This is a request for a Variance under Article Ill, Section 100-33, based upon a June 8, 1999 Notice of Disapproval which states that the proposed aocessorv buildin~ is requested ina ~ont yard rather than the reouired rear yard. Location of Property: 5705 Main Road, East Marion, NY; Parcel 1000-35-2-16,1. 6:30 p.m. Appl. No, 4717 -- ANTHONY and CHERYL SCLAI?A. NL This is a request for a Variance under Article II1, Section 100-31A(I), based upon an April 1999 Notice of Disapproval which states that the pro_nosed renovation for family ouarters in an accessory building would be a second dwelling. Section 100-3IA(I) provides for "one family detached dwe0ings not to exceed one dwelling on each lot." Location of Property: 790 Ruch Lane, Southuld, NY; Parcel 1000-52- building; and AppL No. 4721 for a Variance under "~icle X, Section 100-102, Bulk dule, to allow dwelling use in :onjunction with a permit- ted business use on this 23,396± sq. ft. parcel, based upon a Notice of Disapproval dated June 14, 1999 which states: "Proposed project is in a B Zone, one-family dwelling use requested was pre-existing nonconforming that has lost its status pursuant to Article XXIV, Section l(X)-241G which states: ... Whenever a noncon- forming usc of a building or premises has been discontin- ued for a period of more than two (2) years or has been changed to a higher classifica- tion or to a conforming use, anything in this Arlicle to the contrary notwithstanding, the nonconforming usc of such building or premises shall no longer be permitted unless a variance therefor shall have been granted by the Board of Appeals. One family dwelling~ use is a currently a Special Exception use in the B Zone (Section 100-101B-53. Pursuant to Article X, Section 100-102, Bulk Schedule requires 30,000 sq. ft. per business use, one- family dwelling use tisted as 6:55 p.m. Appl. No. 4719 -- JOSEPH and GLORIA YAC- CARINO. This is a request for a Variance under Article II1, Section 100-33, based upon a Notice of Disapproval dated May 24, 1999 (and building permit application dated March 31, 1999) to construct a proposed accessory shed in an area other than the resulted rear var& Location of Property: 21605 Main Road, Cutchoguc, NY; Parcel 1000- 7:10 p.m. Appl. No. 4722 -- CHRIS and DENISE HATrON. This is a request by thc applicants- owners of the existing single-family dwelling for approval of an Ac- cessory Aoartment, by Special Ex- ception as provided under Article IliA, Section 100-30A.2(B13, and Article ltl, Section 100-31(B13) as an accessory to their principal res- idence at 430 Grigouls Path, Southold, NY; County Parcel No. 1000-70-3-8; also identified as Lot #8 on the map of Harvest Homes Estates, Section L 7:20 p,m. (Continued from 5120199) AppL No. 4674 -- STEPHEN FRIEDMANN. This is a request for a Variance under Article XXIV, Section 100-244B. based upon the January 8, 1999 Nolice of Disapproval which states that the proposed addi- tion/alteration to an existing dwelling is less than 25 feet for total combined side yards at 2140 Deep Hole Drive, Mattituck; Parcel 1000- 7:30 p.m. (Confinucd Hearing/ 2-29. from 6/24/993: Appl. No. 4685 ~ 6:40 p.m. Appl. No. 4718 -- / VINCENT TORRE. Artist gallery .lAMES RYAN, Tenant (Owner: with retail sales requested in this A- Alan Cadinale). This is a request for a Special Exception under Article IX, Section 100-91B(113 lo establish take out restaurant use in existing building known as 50 Love Lane, Mattituck, NY; Parcel 1000-140-3- 42.2. 6:45 p.m.W, and K. VON EIFE (Owners: W, and S. Franken). With respect to property known as 74605 Main Road, Greenport, NY; County Tax Map Parcel 1000-45-4-5.1, locat- ed in the B Generul Business Zone District, approvals are being requested as described below: Appl. No. 4720 for a Special Exception under Article X. Section 100-101B(53 for a sinele- family dwelfin~ in an existing C Agricultural-Conservafion Zone District at 100 Sound Avenue, Laurel, NY. 7:45 p.m, Appl, No. 4723 -- SOUTHAMPTON LUMBER. This is a request for a Variance under Article XXIV, Section 100-242G, in applicant's request f6r a lumberyard use which was disapproved January 12, 1999 for the following reason: "Whenever a nonconforming use of a building or premises has been discontinued for a period of more than two (2) years or has been changed to a higher classification or to a conforming use, nothing in this Article to the contrary notwithstanding, the noncon- forming usc of such building or STATE OF NEW YORK) )SS: C~JiNTY OF SL!I?FOLK) O~ g {.~-1~ I ~ i $ of aattituck, in sa{d county, being duly sworn, says that he/she is Principal clerk of THE ~UFFOLK TIMES, a weekly newspaper, published at Maltituck, in the Town of Southold, County of Sllffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regu- larly published in said Newspaper once each ~¢eek for ~'ommeqcir)g ~worn to before me this lay of ~mi~s shall no Ionga~ ~per- shall have been g~antod by the Board of Ap~als." Location of Property: 136~ Main Road, Mattituck, NY; Coumy Tax District: Hamlet Business. 8:20 p.m Appl. No. 4726 ~ T. A~GELL. This is a request for a Variance under Article XXIII, Section 1~-239.4B, based upon the June 9, 1~9 Notice o[ Disapproval lot a propo~d deck addition for the re~n that the deck is proposed at le~ than 75 feet [rom the bulkhead at 305 Gull Pond Lane, Green~rt: Parcel l~-35-4-28.25; also known as ~t 10, Map of Fo~dham Acres, Section One. 8:25 p.m. (Continued Hearing from 6~4/99): Appl. No. 4710 ~e Board of Appeals will at said time and place hear a0 their repre~ntatives desiring to be heard regarding the above applica- bom or desiring to submit written~ d~umemation or other infomafion ~fore the c[o~ of each hearing. ~e bearings will not start earlier than designated. Files are available for ~,iew during regular Town Hall bu~ine~ houm (8-4 p.m.). 1[ you have quesfioas, please do not hesi- tate to call (516) 765-1~. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD E GOEHRINGER CHAIRMAN By Liada Kowulski 17~-ITJ[[ weeks . s. qccessively, on the ~ 3-r day /~ Principal Clerk 19 P'~ BOARD OF APpEALS:TOWN OF soUTHOLD In the Matter of the Application Budd's Pond Realty and William H. Lieblein AFFIDAVIT AFFIDAVIT OF MAILING AND POSTING COUNTY OF sUFFOLK) STATE OF NEW YORK) l, Garrett A. Strang, residing at 1230 Traveler Streat, Southold, NY, being duly swOrn, depose and say: · .~ ,-.. ~'-~.-~ mail return receipt requested, a true. .. ,,~n 1 nersonally mauea, oy certm;~. ' ~ .... s at the addresses ~ c~ the 28th day o! june, t ~.~, - r,-~_ ..a *,. ~eh of the following namea F~,~,-~.,, ..... sessmont Cony of the Attached Legal Nolle,..._ ~ddrea~s listed b~low are those sho --' ' .- .,--:- respective names, max m~ rolls of the Town of Southold, that smd Nottc~s w~'e mailed at the Umted States Post Office to each of opposite mcu said p~'Sons b~ cextified mail, re~um r~pt requested: Mailing Address Name of Surrounding Propexty OwneX Long Island Raikoad (MTA), Jamaica Station, R°°m 511 ' Jamaica' NY 11400 ideatified as Disa'ict 1000, · ,,~n ~ ..,.,~,nallv ~osted the ~ __, ~ m v~ or clo~, b~ ~e S~i~ 56, ~k % ~1;~ ~ ~e fi~t-of-~Y), =d ~a~ [ ~a?e ~ 'date of he~g not~ ~ line lacing me ~ ~. a.~ nfi~ to ~e ~e of the punuc n~-,~ ~ ~ to ~ h~l~, 1999). ~ . 1994 BOARD OF APPEALS:TOWN OF sOUTHOLD In the Matter of the Applieafon Of Budd's Pond Realty and William FI, Lieblein AFFIDAVIT AFFIDAVIT OF MAILING AND POSTING cOUNTY OF sUFFOLK) STATE OF NEW YORK) 1, Oaffett A. Strang, residIng at 1230 Traveler Street, Sonthold, NY, being duly sworn, depose and say: i ~ ~_ ,,~a a~., ,.f June 1999,1 persunaily mailed, by .(~'t,.ifi,,ed mail, reO~n_ ~ r,~ec~.ptq ~qt~7~s~s~eset · ,.m tn~ .~ "~ '" : .. . -- __._n ,~ ~,o~, of the tollowing narm:a Copy of the Attached Leglll Notice, Ii~ur~-~, ..... are those shown on the current assessment opposite theh' respective names, that the addresses listed below rolls of the Town of Southold; that said Notices were mailed at the United States Post Offlea to each of said persons be certified mail, return receipt requested: Name of Surrounding Property Owner Mailing Address William ,L Geraghty, Apt. 12B, 101 W 55~ Stre~ NY, NY 10019-5354 Waite~ Ilisgach, 635 Warren Street, Baldwin, NY 11510 Estate 0fHaffy Adams, c/o J.Q. A-a~ns, 4200 N Ocean Drive, 504-2, Silver Island, FL 33404-2856 r~ .1999, I l~r~nally posted the property identified as District 1000, 2. Onthe /' # dayofJune) ......... (10)feet, orcloser, fromthe ged to be sure the poster has Received By: (Print Name) x pS From 3811, Deeamber 1994 ~date of hearing noted I also wish to receive the tolk)w~flg se~ces (for an extra tea): i --~ 1, ri Addres~ee'a Addmaa 2. [] Re~tflcted Deliver/ Number 10~595-97-B'0179 DOi.O;-~ic Return Receipt 473889 SOUTHOLD 45.-5-2 69700 MAIN RD = OWNER & MAILING INFO === ILLIGASCH WALTER J 635 WARREN STREET BALDWIN NARBOR NY 11510 NYSRPS ASSESSMENT INQUIRY-~ SCHOOL GREENPORT SCHO~ PRCLS 210 1 FAMILY RES =MISC RS-SS 1 BANK DATE : 6/30/99 ROLL SEC TAXABLE TOTAL RES SITE TOTAL COM SITE ACCT NO 17 .............. ASSESSMENT DATA ........... **CURRENT** RES PERCENT LAND 3,000 **TAXABLE** TOTAL 4,900 COUNTY 4,900 **PRIOR** TOWN 4,900 LAND 3,000 SCHOOL 4,900 TOTAL 4,900 ==DIMENSIONS ===1 ....... SALES INFORMATION .................................. ACRES 7.45 IBOOK 11656 SALE DATE 11/17/93 SALE PRICE 126,000 IPAGE 107 PR OWNER LUKAS THOMAS J & ORS ....... TOTAL EXEMPTIONS 0 ............. I== TOTAL SPECIAL DISTRICTS 3 ..... CODE AMOUNT PCT INIT TERM VLG HC OWN CODE UNITS PCT TYPE VALUE IFD031 IW~O2O ISWOll Fi=NEXT PARCEL F3=NEXT EXEMPT/SPEC F4=PREV EXEMPT/SPEC 75.10- 03-017 F6=GO TO INVENTORY F9=GO TO XREF F10=GO TO MENU L' ! FOR BOARD AND STAFF USE ~V~ ?: ~-7- New Information . .--Wy-.-- .. ~. -- NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JUNE 24, 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 THURSDAY, .1UNE 24, 1999 at the time noted below (or as soon thereafter as possible): 8:10 p.m. Appl. No. 4698 - WILLIAM LIEBLEIN and BUDD'S POND REALTY. Variances are requested for lot area of 35,000+- sq. ft., lot depth of 100+- ft., rear yard at less than 25 feet, landscape area at less than 20%, and building height at 36.5 feet in this M-II Marine Zone District. These requests are based upon an application for a building permit to construct boat storage building-facility and the Building Department's March 23, 1999 Notice of Disapproval citing Article XII, Sections 100-121 and 100-122. Location of Property: 62845 and 62945 Main Road, Southold, NY; Parcels No. 1000-56-4-11 and 13.2. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above applications or 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 (516) 765-1809. Dated: May 26, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski NOTIC OF HEARING, - NOTICE IS HEREBY GIVEN that a public hearing will be held. by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORDI DATE OF PUBLIC HEARING: If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and 4 p.m BOARD OF APPEALS · TOWN OF SOUTHOLD ° (516) 765-1809 %+. C~ARRIETT A. STRANG' architect 1230 Traveler Street Southold N.Y1 11971 516- 765 - 5455 peco~C S AT ARSH TOWN OF URVEY.' OF PROPERTY -AMOMAQUE SOUTHOLD SUFFOLK COUNTY 1000-56-04--11 &: 13.2 SCALE: 1"= 20' JUNE 18, 1999 ,NY. AREA = 3§,000 sq. ft. LOT NUMBERS ARE REFERENCED TO · MAP OF C.L. SANFORD BRICK CO,, INC. ' FIRED IN THE SUFFOLK COUNTY CLERKS OFFICE AS MAP NO. 539 ON SEPT. 2, 1931 ANY ALTERATION OR AUUITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 QF THE NEW YORK S'TATE EDUCATIQN LAW, EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. 12Z0 $OUTHOLD, Y.S LIC. 75, PC. 765 5020 BOX 909 TRAVELER STR,EET N.Y. 11971 NO. 49618 99-t0