Loading...
HomeMy WebLinkAbout4422 i - ~r°rV _J .i ? G Ti a n% ez) r 7- rl f?e--~ rc+ 5 t~---- '_~N``~_.-~~' APPEALS BOARD MEMBERS ~O~OSUFFO(~ COG Southold Town Hall Gerard P. Goehringer, Chairman y~ 53095 Main Road Serge Doyen °w Z P.O. Box 1179 James Dinizio, Jr. O .tc Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Ol * ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Appl. #4422-SE ACTION OF THE BOARD OF APPEALS October 17, 1996 APPLICANT: 1) & D Cycles, as Tenant LOCATION OF PROPERTY: Unit # 8 at 22355 C.R. 48, Cutchogue, NY. COUNTY TAX MAP DISTRICT 1000, SECTION 84, BLOCK 1, LOT 26.3 ZONING CODE DISTRICT DESIGNATION: Light Industrial (LI) District. BASIS OF APPEAL: Section 274B of New York Town Law and Southold Town Zoning Code, Article XIII, Section 100-13IB(8) which provides for certain marine uses, as well as many business uses (unrelated or related to marine activities or sale items). This tenant-applicant has been directed to file this Special Exception application pursuant to proceedings in Town Justice Court, and its requested use is in conjunction with an established workshop business zone use and accessory repair and display of items incidental to the workshop business. A limited, temporary outdoor display of marine items is specifically requested by applicant, although the town records show that the temporary display of other non-marine items related to the workshop business use is not inconsistent with the general wording of the code. RELIED' REQUESTED: Use for sales, repair, and temporary outdoor display of marine sport vehicles (known as "Polaris water sport vehicle," "Waverunner," or other comparable propellered/motorized marine vehicle). MO'T'ION MADE BY: G. Goehringer SECONDED BY: J. Dinizio, Jr. ACTION/RESOLUTION ADOPTED: Granted as applied, with the following Conditions: (1) This approval will automatically and without further steps become null and void, and said use under this Special Exception shall cease, discontinue and be removed, when any one of the following events occur: (a) termina- tion or lease or other agreement by the applicant-tenant (D & D Cycles, Inc. or William Droskoski), and/or (b) one-hundred (100%) percent occupancy of this complex; and (2) Four parking spaces, as requested, is denied for temporary outdoor display; and alternatively, the temporary outdoor display shall be limited to that particular area requested by applicant and shown on the sketch copy of the formerly approved site plan, for up to three (contiguous) parking spaces in front of the applicant's present Unit; (3) The temporary outdoor display shall not interfere with public access or egress and shall not restrict the public right-of-way or be placed in the minimum required landscape buffer areas. Page 2 - File #4422-SE Matter of D & D CYCLES, INC. Decision Rendered October 17, 1996 (Informational Note: As per Section 100-239.7, it is understood that in the event long-term outdoor display or storage is proposed at any time, site plan approval must be obtained for such activity. Applicant has confirmed that this is not for long-term outdoor display or storage.) REASONS/ FINDINGS: 1) The zoning code provides for authorization of this particular use, and its accessory uses, in this LI Light Industrial District; 2) the use requested is reasonable in relation to the District in which is is located, adjacent use districts, and nearby and adjacent uses (landfill, other industrial-type uses, and business uses nearby and on site); 3) the Special Exception use will not prevent the orderly and reasonable use of adjacent properties - commercial property directly to the west is zoned LIO (Light Industry Office-Park District) and is used for repair of all types of automobiles, trucks, etc. with repairs; to the south is a dual-lane major highway; to the east is a town street; in close vicinity are sites for transfer station, recycling, and other similar uses. Directly to the west on this same site (100084-1-26.3) is a unit occupied by S.C. Imports for maintenance, assembly and repair of imported and other motors, vehicles, etc. with temporary storage of vehicles (and other items) relative to the main use. 4) the use will not prevent orderly and reasonable uses proposed or existing in adjacent use districts, for the same reasons as noted in #3 above. 5) No evidence has been submitted to show that the safety, health, welfare, comfort, convenience, order of the town would be adversely affected, and it was decided by the enactment of this Code in January 1989, and subsequent amendments thereto, that this use is to be authorized; 6) all units and site access-egress areas shall continue to be accessible for fire and police protection, as well as right-of-way areas, and this unit must continue to meet all fire/building regulations. 7) no other adverse conditions were found after considering items listed under Section 100-263 and 100-264 of the Zoning Code. VOTE OF THE BOARD: Ayes: J. Dinizio Jr., R. Villa, S. Doyen, and G. Goehringer. (Member Tortora stated that she needs more information before voting with this motion). This resolution was duly ado led by majority vote of four of the five members Int. GERARD P. G EHRI GE , CHAIRMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATED q H UR I D :a S Town Clerk, Town of Southold l/ \ APPEALS BOARD MEMBERS ~O~QgUFFU(,~coG Southold Town Hall Gerard P. Goehringer, Chairman 9` 53095 Main Road Serge Doyen °H x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Ol ~a Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF ADDITIONAL HEARING 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 hearings before the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, OCTOBER 17, 1996: 7:55 p.m. Appl. No. 4422 - D & D CYCLES, INC. as TENANT. (Pudge Corp., Owner). This is a request for a Special Exception under Article XXIII, Section 100-131B(8) for permission to sell, with temporary outdoor display of "marine items" (ref: Section 100-239.6), relative to Unit #8 at 22355 C.R. 48, Cutchogue, NY; Portion of Parcel 41000-84-1-26.3. Zone: Light Industrial (LI) Zone District. 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. Written comments may also be submitted prior to the conclusion of the subject hearing. The above hearings will not start before the times designated, and some may be carryover hearings. The files may be reviewed before 3:45 p.m. the scheduled date of the hearing for updates or new information. If you have questions, please do not hesitate to call 765-1809. Dated: October 1, 1996. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski x pp i 1n OF nrnl:rn FORM N0. 1 3 ; TS OF PLANS . TOWN OF SOUTHOLD SURVEY BUILDING DEPARTMENT CHECK TOWN HALL SEPTIC FORM SOUTHOLD, N.Y. 11971 TES.: 765-1602 NOTIFY: CALI. F.x;+ni rneol 19.... MAIL TO....................' Approved 19.... Permit No. Disapproved a/c (Building Inspector) APPLICATION FOR BUILDING PERMIT Date .................19... INSTRUCTIONS a. This application mist be completely filled in by Lypewriter or in ink and stdxmitted to the Building Inspector with 3 sets of plans, accurate plot pilau to scale. Pee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property oust be drawn on the diagram winicb is part of this application. c. The work covered by this application rW not be conrrenced before issuance of Building Permit. d. Upon approval of this application, the Buildinp Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occuroncy shall have been p,ranted pry. the Building Inspector. APPLICATION IS IEWW MADE: to the Building Department for the issuance of a Iuilding Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk Canty, Meta York, and oche applicable laws, Ordinances or Regulations, for the construction of buildings, additions or alterations,' or for al or demolition, as herein described. "Hie applicant agrees to comply with all. applicable laws, ordiV'for. ilding case, horsing code, anxl TegIatiors, and to admit authorized inspectors on premises and in luildi (Signat .....-ture of applicant, or r name, q , if as corporation) .2. ...........~A (Flailing address of applicant) - State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. -fin./'.... of owner of premises 1 ~ o " " (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. •(N.me and title of corporate officer) IAnilders License No. Pltmbers License No. Electricians License No. Other Trade's License Nn . L Loca[ion of land on which proposed work will be done........ Douse Nurber Street lkmlet Canty Tax Map No. 1000 Section Block Lot Subdivision Filed Pimp No. Lot (Name) 2. State existing use and occupancy of prep°ses aid intended use and occupancy of proposed construction: a_ Existing use and occupancy b. Intended use and occupancy Y.` ~5~ ~7 ' I fSdoue of wmak (cheek tiddi alld.._ahle): N~+ Ikiildinl; Addition Alteration IL;Ixair ReIlKWal Dulm)l iLioil Other Un k ° (Ik~scri pC i<xr) It. fsLinvited tbsl fee (to be, pail) or filing this apt)l icatioo) 5. If d4elling, nadrer of ohaelli"t; unil.s )k ulcer of Welling units au each floor if garq;e, tanlxer of cars 6. If Iris ioeas, ainiureial or mixed occupancy, specify nature and ex(en(. of each type of use_ 7. Dhwermlons of existing sl:roctures, if any: Frcxd................. Rear Depth Ik:iglLL K-sher of Stories Dinensiars of sane strtu:ture with alteraLicxas or anklitionsc Front Rear Depth height: Huber of Stories If. Dlnensirxus of elabe new conslrtn.f ion: Fran n l: Rein Depth Neil;laL N,daer of Stories 9. Size of lot:: Frcxri Rear Depth I(l. Rafe of Pulchaue Wanecf of forcer Qiner If. 7anae or use district in Odds pranises are situated 12: Iknes proltweLed conusl nx_Lioxl violate any zoxaing law, ordiuwnce or regulation: It. Will lo( : he regraled Full excess fill he romwed Fran premises: YES 11) 14.. Naves of 0Aw er of pronlses lukfress I'11pK'_ Wk). Nine of Architect Address Plxre Do. Nne of lkaa:ract'or Address ,...llxxxe N. I'i_ is this prnlwerLy within 3Oo feet of a tidal wetland? * YIDS I) *IF YES, SO[JIllO1D "II11IJ. IMUIIFS PEPHIT MAY III? PLOT DIAGRAM locale clearly and distinctly all buildings, tdaether existing or proposal, and indicate all. set-hack dimensions fron pualeily lines. Give street and block r.nilx:r or description according to deed, and show street rraues and irulicate uduether interior or corner lot. !i I'A'IF m ".N yovE, 5S 0XINIY OI . toeing duly :mourn, delouses and says [.hat be is the appl icanl (Name of iaxlividnai signing cont tact Ik is the (Qnatractor, agent:, corforate officei, etc.) of: said onaumr or (mixers, and is duly authorized to perform or have Im, fumed the said work and to make and file this nppl ication; Ihai: all slat anenta coatah"l in Runs application are I.r Ile to the hest of his luxxil edge and ixel ief; and that. the work will tae Ixerfo hied in ([Ili ncnnner Set: forth in (lie appl icat:i n filed therewith. !).nanr to Ixefore ue this p~fl ...................day of I9........ Notary Hahlic (Signa(to e of Applicant) rta -/Zt c RE MOWN OF SOUTHOLD, NEW YORK SEP t 1996 APPLICATION FOR SPECIAL EXCEPTION Two Clerk wwd Application No. 7411~ Date Filed: TO THE ZON,INcG~ BOARD OF APPEALS, SOUTHOLD, NEW YORK: I (We), il dam c~'~)2bb~S~t~ of3~°a q!B fesi3ence, House No. and Street am , State, LIP Code, lelephone Number) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE SECTION f0 o _,5f SUBSECTION for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): A. Statement of Ownership and interest. C piaL ~~z is (are) w--o-F- property known and referred to as n~c3 'ja C © ~.+tr~~_ - douse No., Street, Hamlet ident i ied on the -t Tax M ps as District 1000, Section Block Lot(s)~/e . '>i , hick is not is) on a subdivision Map (Filed "Map of " Filed Map No. and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on aa.s\[,c A B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: C. The property which is the subject of this application is zoned and [ ] is consistent with the use(s) described in the Certificate of Occupancy being furnished herewith. J is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): 5:a ~s [ ] is vacant land. COUNTY OF SUFFOLK) r STATE OF NEW YORK) ss.: 01 ZSlgnature Sworn to before ma t h i s day of Seel, b -ter, 19 LINDA F. KOWALSM t / ),l G~r v% 4 No" PubllkStm of kS24maxYork ( wry Public)- QwNHedlnSuHMkCowry ~ ZB2 (rev. 2/6/86) Commitionfti=Nov.3o.19! 20 ~ o ~ I I f~ I I n ' ) I to I ~ ~ ~ ~ I I C'l I° Z f ~ I ' N V LL i ( f { W m s S ~ F I ~ ( I ( W ° I I (W F c I rj I I { Z Z f V 4 i ' a E Y I 4 O ~ ~ G o -1Z a W 0 I So`"'c I I I iLLi~lQ ml I¢ ,q c F. ' m { I rt l N ~ i I a c C ° ~ y v a `o i W W Z v a 3 a { f I I I i o f o o y IU. I %-A I a ~ tarp Gua r~ ~a A n (!1 Q m O Q O C O l l 2 ! N y (rcZry D m L 17 :,Z' Z D b -D1 Jc oC cti x m r ysFO : r W O X170 V.lil~ !i E m IM Z Z Q 3 V, C 2 O i t' ~,m Z ~;r ai 1 ~'r m '9 ( v s 1`I -1 r. ~ a, - I T z m b m m S^ r O O? Z y. z m a w~ ° O J- 1y • l 0 OZ +1' O N D 'I yy C 'Z _;C` j •.l ll B f n Cl) 00 O C cnc r~ 1 4 opt omD v Al i [ O r_fuu 111 't^F ~ 31; h { 1 i ~T h t¢y 4 L N~_F~_'.((~ ~ Olt r~~t~l y~ }49i ri (r~•II 'it ~1 ' I~('3 4. t ~ eqj ~~,y r t e ~ F•+. y I W , IY s c y +yd g l, 1 a 1 Is d YTt L , T1, c, r I' ^~1~ y Fi/V~tY. i`-1}!,t r^y I .t~ !•'lI+~t W ~''t I "l~ ' ~I~ N s~/ '~2cr;`b.~l~`tt• '~t~~~ r ' C' `'4 'r~";a 7t~ "l l ~i''~wJr~`~~`r. v3`~17, ~y ~j t i s a S t^ t . II ,r a n I t Ts + I~ l y 1.. Eli! 1' Q~ FII~~) ! ~^t 4 /'\.,".l f 2 ~I f t 1 Y u f l s 1 II Eli bK1 ti J vc V ~ ,I + \ t cal x~ i <r 1 30 It ir A, CFI r 1. _t Y.,.71~ - '•4JxF ' t I\ rla ~f'~~ i~r.t i-t. l . twk f s_ O- r / - t f \ t i 'yam( t •L. a~ ` Hrc ~ m _ y F -i N 17 r } I 1` Alft 1 i s NHP 1 ;µ-aFt: f V~ rP~ 'A S s 4 ` ,i. r 7 ~ rj~i 51 T i'rrr•~-,(~('~~ly` 'l j(~ f t <c-<, Nt ~\,'\t 1` 4 ? I: y.zN~..Vi3 iT ~iI' t't 7v'rf'~2.4, 5%~~',y 66 !t AE f } I : r`a I kc t Ct 1 is ~ F 1~~ t G~ ~~t ~~~~9 j ' ~ ~ ~ :`~f COUNTY OF SUFFOLK a ROBERT J. GAFFNEY SUFFOLK COUNT' EXECUTIVE STEPHEN M. JONES, A.I.C.P. DEPARTMENT OF PLANNING %~1 DIRECTOR OF PLANNING , ..1 ~7 4996 October 31, 1996 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) D & D Cycles 4422 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc C:\W P W IN60\WPDOCSIZON ING\PERMIFORMSLLD-ZON t.NPD 220 RABRO DRIVE ¦ P.O. BOX 6100 ¦ HAUPPAUGE, LONG ISLAND, NY 11788-0099 ¦ (516) 853-5190 ¦ FAX (516) 8534044 APPEALS BOARD MEMBERS OgUFFD(,~e, OG~ Southold Town Hall Gerard P. Goehringer, Chairman o y1 4 53095 Main Road Serge Doyen rn = P.O. Box 1179 James Dinizio, Jr. O Southold. New York 11971 Robert A. Villa y~O aO~r Fax (516) 765-1823 Lydia A. Tonora 1 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD REPLY MEMO TO: Richard G. Ward, PB Chairman FROM: Jerry Goehringer, ZBA Chairman DATE: October 31, 1996 SUBJECT: Your Memo/D & D Cycles Outdoor Display/Other Business Uses i I can understand your concerns raised in your October 22, 1996 memo regarding 100-239.6 (accessory outdoor display areas), and perhaps you were not, made aware that the Appeals Board had already rendered a decision at our October 17, 1996 meeting (before knowing about your third letter arriving). It would have helped if this was brought up earlier. A copy of the board's decision, which included approval for limited temporary outdoor display, conditions and time limitations, included the same as an accessory use related directly to the Special Exception request. Therefore. I do not believe that action affects the rest of the town - particularly since this was not a variance request. Since you have questions about the future of the Town amd outdoor display, I would like to suggest that you and I together meet with our attorney, Laury Dowd, under the client-privilege rules. Perhaps together we can make suggestions on how the law can be better clarified tb show the intent to prohibit, or not to prohibit, temporary outdoor display] for business uses. Remember that business uses as referenced at Section 100l141A(2), then 100-131A(2-5), and then 100-IOIA(3-5) of the General Business District are those additional business zone uses allowable under the Zoning Code in an LI Zone District. (Thev may have been left out of the zoning chart which is not totally correct.) I Please ler. me know when you might want to meet regarding this zoning code wording - at the convenience of the Town Attorney in leer office, if possible. cc: Lawry Dowd, Town Attorney 0 0 PLANNING BOARD MEMBER Ss3FF0j f Town Hall, 53095 Main Road RICHARDaWARD O~,O Gyp P.O. Box 1179 Chaimn Southold, New York 11971 GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. y x Fax (516) 765-3136 WILLIAM J. CREMERS O yC Telephone (516) 765-1938 KENNETH L. EDWARDS y~1J01 ~a0~' PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Gerard P. Goehringer, Chairman, Board of Appeals FROM: Richard G. Ward, Chairman * RE: Request for Interpretation of Code 100-239.6, Temporary outdoor display or storage DATE: October 22, 1996 The above code reference states that temporary outdoor display or storage is permitted in business zones. In the case of D & D Cycles the zone is Light Industrial, does Section 100-239.6 apply to industrial zones? The Planning Board is concerned, as mentioned in its previous memo, about the use of parking areas for outdoor display or storage regardless of whether that outdoor display or storage is temporary or permanent. The Board is under the impression that the original intent of the recent amendment to the code on outdoor storage is that it was intended only for those zones that are designated "business", eg. General Business, Hamlet Business, and Limited Business. Is your Board's interpretation otherwise? If you have any questions, or wish to discuss this issue further, please contact me at my office 563-4800. APPEALS BOARD MEMBERS • O 4g%fF0j CO Southold Town Hall G ~ y~ Gerard P. Goehringer, Chairman 53095 Main Road o .e Serge Doyen y = P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa y?j O~ Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ?,=suant to ~r r_ce ~T of the SUffoil{ CCIM=,7 ]rminis=ar-l p- Code 7-Tie Bead, of A=eals of the Town of Seutoold, Ve<.r York, ne=eby rura-s ~ following to t,~ SUffOlk County Planning C.=ission: Ilariance from the Zoning Code, Article Section klariance from Oe*_ermination or Southold Town Building inspector _ Special Exception, Article )C~++t Section 160-1318(8) Special Permit .Appeal No: 4422 Aopiicant: D & D Cycles (as Tenant) ~_ocatipn of Affected Land: County Tax hap item No.: 1000- ft'I-l-2G.3 Within 3-00 `eet of: Town or Tillage Boundary Line Body of 'dater (Bay, Sound or Estuary) XX State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owr ied Land 3oundary of Existing or Proposed County, State or Federal Park or other Recreation Area =xisz4na or Proposed Right:-of-.Jay o any Strum or Drainage Channel Owned 6y she County or for tahica .he iA unty has estaoltShed Ihannei Lines, or Within One : lle of a Nuclear 'o'.ver Plant Within One file of an Airpor*- :omments: Applicant is requesting permission to sell, with temporary outdoor display of "marine items" ~L.Z ZDA/c- us -ncc osae ~or Jour -avtew. APPEALS BOARD MEMBERS0 $UFFO(f Southold Town Hall G Gerard P. Goehringer, Chairman ~yo 53095 Main Road Serge Doyen y Z P.O. Box 1 179 James Dinizio, Jr. p Southold. New York 11971 Robert A. Villa ~OA Fax (516) 765-1823 Lydia A. Tortora 1 # Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD October 24, 1996 Mr. William Droskoski D & 1) Cycles, Inc. 22355 Route 48 Cutchogue, NY 11935 Re: Appl. No. 4422 - Special Exception (Polaris Sales/Display) Dear Mr. Droskoski: Please find enclosed a copy of the determination rendered by the Board of Appeals and filed today with the Town Clerk's Office concerning your recent special exception application. A copy of this determination has also been transmitted to the front desk at the Planning Board and Building Inspector Departments for their information (although there is no application with them at this time). Also, due to the proximity of this project within 500 feet of a state or county road, bay, sounds, or an estuary thereof, we have transmitted a duplicate of this Special Exception file to the Suffolk County Department of Planning for their determination as required under the County's Administrative Code. It is expected that once review is completed by the County, that the County will leave the 7.BA portion of the project for local (town) determination without rurther steps. We will advise if there is a different determination. Very truly yours jG7;RARD P. GOEH GER CHAIRMAN Enclosure Copies of Decision to the following on 10/24/96`. Building Inspectors' Office Suffolk County Department of Planning Planning Board Office (Attn: R. Kassner, Reviewer) APPEALS BOARD MEMBERS O~~gUFFO(~ co • G Southold Town Hall Gerard P. Goehringer, Chairman y` y 53095 Main Road Serge Doyen rr+ x P.O. Box 1179 James Dinizio, Jr. O 41V :9 Southold, New York 11971 Robert A. Villa y~Ol ~a0~ Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Appl. #4422-SE ACTION OF THE BOARD OF APPEALS October 17, 1996 APPLICANT: D & D Cycles, as Tenant LOCATION OF PROPERTY: Unit # 8 at 22355 C.R. 48, Cutchogue, NY. COUNTY TAX MAP DISTRICT 1000, SECTION 84, BLOCK 1, LOT 26.3 ZONING CODE DISTRICT DESIGNATION: Light Industrial (LI) District. BASIS OF APPEAL: Section 274B of New York Town Law and Southold Town Zoning Code, Article XIII, Section 100-131B(8) which provides for certain marine uses, as well as many business uses (unrelated or related to marine activities or sale items). This tenant-applicant has been directed to file this Special Exception application pursuant to proceedings in Town Justice Court, and its requested use is in conjunction with an established workshop business zone use and accessory repair and display of items incidental to the workshop business. A limited, temporary outdoor display of marine items is specifically requested by applicant, although the town records show that the temporary display of other non-marine items related to the workshop business use is not inconsistent with the general wording of the code. RELIEF REQUESTED: Use for sales, repair, and temporary outdoor display of marine sport vehicles (known as "Polaris water sport vehicle," "Waverunner," or other comparable propellered/motorized marine vehicle). MOTION MADE BY: G. Goehringer SECONDED BY: J. Dinizio, Jr. ACTION/ RESOLUTION ADOPTED: Granted as applied, with the following Conditions: (1) This approval will automatically and without further steps become null and void, and said use under this Special Exception shall cease, discontinue and be removed, when any one of the following events occur: (a) termina- tion of lease or other agreement by the applicant-tenant (D & D Cycles, Inc. or William Droskoski), and/or (b) one-hundred (100%) percent occupancy of this complex; and (2) Four parking spaces, as requested, is denied for temporary outdoor display; and alternatively, the temporary outdoor display shall be limited to that particular area requested by applicant and shown on the sketch copy of the formerly approved site plan, for up to three (contiguous) parking spaces in front of the applicant's present Unit; (3) The temporary outdoor display shall not interfere with public access or egress and shall not restrict the public right-of-way or be placed in the minimum required landscape buffer areas. Page 2 - bile $4422-SE • • Matter of D & D CYCLES, INC. Decision Rendered October 17, 1996 (Informational Note: As per Section 100-239.7, it is understood that in the event long-term outdoor display or storage is proposed at any time, site plan approval must be obtained for such activity. Applicant has confirmed that this is not for long-term outdoor display or storage.) REASONS /FINDINGS: 1) The zoning code provides for authorization of this particular use, and its accessory uses, in this LI Light Industrial District; 2) the use requested is reasonable in relation to the District in which is is located, adjacent use districts, and nearby and adjacent uses (landfill, other industrial-type uses, and business. uses nearby and on site); 3) the Special Exception use will not prevent the orderly and reasonable use of adjacent properties - commercial property directly to the west is zoned LIO (Light Industry Office-Park District) and is used for repair of all types of automobiles, trucks, etc. with repairs; to the south is a dual-lane major highway; to the east is a town street; in close vicinity are sites for transfer station, recycling, and other similar uses. Directly to the west on this same site (100084-1-26.3) is a unit occupied by S.C. Imports for maintenance, assembly and repair of imported and other motors, vehicles, etc. with temporary storage of vehicles (and other items) relative to the main use. 4) the use will not prevent orderly and reasonable uses proposed or existing in adjacent use districts, for the same reasons as noted in 43 above. 5) No evidence has been submitted to show that the safety, health, welfare, comfort, convenience, order of the town would be adversely affected, and it was decided by the enactment of this Code in January 1989, and subsequent amendments thereto, that this use is to be authorized; 6) all units and site access-egress areas shall continue to be accessible for fire and police protection, as well as right-of-way areas, and this unit must continue to meet all fire/building regulations. 7) no other adverse conditions were found after considering items listed under Section 100-263 and 100-264 of the Zoning Code. VOTE OF THE BOARD: Ayes: J. Dinizio Jr., R. Villa, S. Doyen, and G. Goehringer. (Member Tortora stated that she needs more information before voting with this motion). This resolution was duly ado ted by majority vote of four of the five members nt. / GERARD P. G EHRINGE , CHAIRMAN l ,t ~o I1 l T// I ~ O . ~Neri ..C I~.II I I' - I I p~~. /Y hW~ Imp"",. L~ 1 Y \ ~ C y ,k? I y - j" wm,N 3® - a N[~ t boom l T f, _ / j > y: wei LLB.' `T~ T~ 1.".{ y r ! l'. ~zlGr ~ I r~r ~-~~,'~~i 1-,-- \I~I ~ i,~ t ~ ~ 5. t -~d~~ ~ ~y`3 ~ f+--y- III LLL_ - \ ~ ` t _ w C~jV i N ~ +s~'•Tirf I~ \ h~ 072+0 gi}IL~tIr a,V ~ f ~ _ I * w.~3a c sj ~ L~ '-T..rn+7'i~ ~ ~ fir` Q=_'~" °.e~.sser iA d ~xen...s y t5>i i'.-l rl -L-r~L,J,~ i):~- ; 1 J ~F~_,~.: NCU~.^ere---- _ ~yt t969+86, ' 17 5 9 5 . - . 9 52 30 `N x .,,~r:..m>rT.,-~.h N'~ i :U,., rw ^ R. 68 IZO `HIDE ) _ y, J Luc o ~ = 9 PLANNIN6 BOARD MEMBERS g~FFOf,~ C~ Town Hall, 53095 Main Road RICHAR inn an D P.O. Box 1179 GEORGE RITCHIE LATHAM, JR. Southold, New York 11971 BENNETT ORLOWSKI, JR. N Z Fax (516) 765-3136 WILLIAM J. CREMERS O Telephone (516) 765-1938 KENNETH L. EDWARDS PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Gerard P. Goehringer, Chairman, Board of Appeals FROM: Richard G. Ward, Chairman RE: Request for Planning Board com~n ? William Droskoski, D & D Corp. Cycles i den oEt Pti ~l SCTM# 1000-84-1-26 OCT 7 DATE: October 17, 1996 This will supplement our memorandum to you of September 18, 1996, regarding the above Special Exception request to permit the sale of marine items. The Planning Board requests that no outdoor storage be permitted either in the areas reserved for parking, or in the front yard landscaped buffer area. Our request is based on the fact that the site contains the minimum required number of parking spaces needed for a structure of that type and size. Allowing the use of parking for storage will start a precedent which may result in an overintensfication of business uses and congestion on the site at some future date. Such a decision will also set the stage for individual businesses to request conversion of parking areas into outdoor display and storage areas which would function as a expansion of the business activity outside of the building itself. This, in turn, will force vehicular parking onto public roadways and road shoulders. If the applicant proposes a specific designated area for outdoor storage, this Board would appreciate the opportunity to review the location to insure that it does not conflict with the previously approved site plan. A copy of the approved site plan was previously made available to your office. *24NWG soARD BEMS g~FFO(~ Town HIP53095 Main Road RICR,4. ARD ,'ham Gy P.O. Box 1179 Chainnan o < GEORGE RITCHIE LATHAM, JR. Southold, New York 11971 y 2 Fax (516) 765-3136 BENNETT ORLOWSKI, JR. ~O Telephone (516 8 SEP 2 41996 ! I' r, SEP I 8W t~ PLANNING BOARD OFFICE i~ TOWN OF SOUTHOLD u TO: Gerard P. Goehringer, Chairman, Board of Appeals FROM: Richard G. Ward, Chairman RE: Request for Planning Board comments William Droskoski, D & D Cycles, Tenant of Pudge Corp. SCTM# 1000-84-1-26 DATE: September 18, 1996 This is in response to your request for this Board's comments on the above project. In reference to the above Special Exception request for sales of marine items in the Light Industrial Zone; the Planning Board requests that the applicant show the area for the proposed outdoor storage on the app;7g ved site plan for this Boards ges4ev~ ~ y/yo ale L. A copy of the approved site plan was EIy made available to your office. ~+c G BOAR MSExs~ gUFFO(,~ Town Hall, 53095 Main Road RICHARDHWARD h,~0 Gy P.O. Box 1179 Chainn a Southold, New York 11971 GEORGE T , JR. - Z Fax (516) 765-3136 H BENNETT ORL RLOWSKIBHI, JR. WILLIAM J. CREMERS Telephone (516)-265.1038 KENNETH L. EDWARD3 4,ol '7' aM a pI PL ANNING BOAROFFICE iTOWN OF SOUTHOLD TO: Gerard P. Goehringer, Chairman, Board of Appeals FROM: Richard G. Ward, Chairman RE: Request for Planning Board comments William Droskoski, D & D Cycles, Tenant of Pudge Corp. SCTM# 1000-84-1-26 DATE: September 18, 1996 This is in response to your request for this Board's comments on the above project. In reference to the above Special Exception request for sales of marine items in the Light Industrial Zone; the Planning Board requests that the applicant show the area for the proposed outdoor torage oqn/ the approved / site plan for this Boards vwxie z 1t eg^ 1 c JL A copy of the approved site plan was ' y made available to your office. 0 8:00 p.m. Appl. #4426- JANET SWANSON AS \1^ . • in size with 14,261 sfoflotarea TRUSTEE OF VIRGINIA 10 0 \ and frontage of 68.4 ft. along MOORE TRUST. Based upon Mesrobian (private) Drive. the September 24, 1996, No- lice of Disapproval issued by the i 7:42 p.m. Appl. No. Building Inspector, applicant is HENRY TRAENDLY. Based d requesting two Waivers under BOARD OF APPEALS upon the July 12, 1996 Notice of Section 100-26 of Article II of TOWN OF SOUTHOLD Disapproval issued by the Build- the Zoning Code for an under- NOTICE OF HEARINGS ing Inspector, applicant is re- sized lot created by deed prior questing a Variance under Ar- to December 1, 1971, and an- NOTICE IS HEREBY title XXIII, Section 100-231 of 51VEN, pursuant to Section 267 the Zoning Code, for approval of other undersized lot created by if the Town Law and the Code excessive height, above four ft. deed" prior to April 9, 1957, z)f the Town of Southold, the for a berm-fence combination as `Which lots are in an Estate/ following applications will be Trustee ownership and therefore g presently lpcated in the front wilfbe, oralready have been held for public hearings before yard at 13220 Main Road, East joined'by this hearing date, due the SOUTHOLD TOWN Marion, NY County Parcel to common owaership.Location BOARD OF APPEALS, at the #10000-31-14-12. Southold Town Hall, 53095 7:45 of Property.:-Hyatt (private) Main Road, Southold, New York p.m. APPL #4425 Road, Southold NY; County GISELA MORCHEL. This is 11971, on THURSDAY, OC- an application requesting a Spe- Paroer#1000=50'-I I2 & zone- TOBER 17, 1996+ comment- ! Exception for an Accessory I District R-40 Residential t ing at the times specified below: cial Bed and Breakfast Use in the 8:05 p.m, Appl.. #4401 7:30 p.m. Appl. No. 4401' applicanes residence at 26405 DAVID DEFRIESTa4Teriant. HUGH and ROSEMARY Main Road, Cutchogue, NY for Mr. and Mts. JosephGnoizo, as MURPHY. "Carryover from the renting of three bedrooms Owners) Request for:Variance 9/19/96 and 8/21/96. and serving of breakfast to not based upon, thilune 3,-1996 7:32 p.m. Appl No. 4423- more than six transient roomers. Building Inspector's Notice of, ARTHUR FOSTER. Based County Parcel #1000-109-2- Disapproval under Article VIII, upon the September 18, 1996 13.5, Lot #I shown on the Map I Section 100-8 Lk for a Use-Vari- Notice of Disapproval issued by of Ralph and Theresa Asselta ante; due to discontinuance of the Building Inspector, applicant Minor Subdivision, with front- former nonconforming use as a is requesting a Variance under age along Crown Land Lane, at service station with gasoline Column iii of the Bulk Schedule, Cutchogue. This lot consists of sales evidenced by issuance of a Article III, Section 100-32 (R- 21,645 sf and is located in the R- Certificate of Occupancy. The 80 Residential Zone District), for 40 residential Zone district I grounds. for which the June 3, 1 approval of the substandard lot 7:50 p.m. Appl. #4427- WHr 1996 action was issued are: Au- depth (and if necessary,substan- LIAM P. SCHOLL. Based tomobile rental use is not a per- dard frontage (width) along Cox upon the September 24, 1996 i mitted use in this Limited Busi- Neck Road of proposed Lot #2) Notice of Disapproval of the " ness (LB) Zone District Loca in this proposed cluster division. Building Inspector, applicant is j tion of property. 73265 Main Property Location: Approxi- requesting Waivers under Sec- j Road, Greenport, NY; County mately 933 feet south of the in- tion 100-26 of Article IL of the Parcel No. 100045-3-2. Size: 5+ tersection of Bergen Avenue, Zoning Code for (three) lots cre- acres. along the westerly side of Cox ated by deed prior to April 1957 The Board of Appeals will at Neck Road, and running west- and which undersized lots have said tinge and place hear any and erlyover aprivate right-of--way. i joined due to common owner- all persons or their representa- County Parcel ID #1000-113-07- ship after July 1, 1983. Location tives in the above applications. P/O 19, 14 (P/O former 19.6) at of Property: Bungalow Lane and Written comments may also be Mattimck,NY. Center Street, Mattituck, NY; submitted prior to the conclusion 7:37 p.m. Appl. No. 4410 County Parcel Nos. 1000-123-2- of the subject hearing. The above GARY SACKS and A. 17 1, 17.2, 18. Each if presently hearing(s) will not start before SCHLESINGER Based upon improved with asingle-family the time designated, and a few the July 16, 1996 Notice of Dis- dwelling. Zone District: R-40 may be carryover hearings. The approval issued by the Building . Residential. files are available for review Inspector, applicants are request- ! 7:55 p.m. Appl. No. 4422- D duiing business hours, and may ing a Variance under Article ; & D CYCLES, INC. as TEN- be reviewed for updates until I XXIII, Section 100-239.4B of ANT. (Pudge Corp., Owner). about 3:45 p.m. on the date of the Zoning Code, for approval of This is a request for a Special the scheduled hearing. If you the proposed setback of a deck Exception under Article XXIII, have questions, please also do addition to dwelling which will Section 100-131 B(8) for permis- not hesitate to call 765-1809. be located within 75 feet of the sion to sell, with temporary out- bulkhead (and for approval of Dated: October 1, 1996 deck at the northerly side yard door display of "marine hems SOORDER OF THE setback). Location of Property: (ref: Section 100-239.6), relative SAU TOWN 125 Mesrobian Drive, Laurel, CUnit #8 at 22355 ; PortC.R. 48, BOARD OF OF APPEALS NY;Coun Parcel #1000-145- utchogue ue, N84 PortionofParaz- GERARDP. County cel #1000-84-1-_6.3. Zane: GOEHRINGER. Chairman 4-7. This parcel is substandard Light Industrial (LI) Zone Dis- Bv_ Linda Kowalski ! X-10.3'96(108 ) COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia C. Lollot, being duly sworn, says thrni she is the Production Coordinator, of the TRAV- ELER WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the no- tice of which the annexed is a printed cope, has been published in said Traveler Watchman once each week for Z.........~~ k~ successively, commencing on the ...;,2 day of ..................L~Q:/x' .I 91 Sworn to before me this............ ......day of 92 ~ ..........2 Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. 4806846 Qualified in Suffolk County Commission Expires $ 1 198 INTER-OFFICE MEMORANDUM TO: ZBA Members FROM: Linda Kowalski RE: D & D Cycles pecial Exception DATE: October 17, 1996 11:30 a.m. As an update for the file, please be aware that Ed Forrester spoke with me today and confirmed the following: "Other items have been acceptable for retail sales in conjunction with the workshop business (and accessory repair which is permitted with limitation when incidental to the workshop). However, the Polaris watercraft dealership is not related to the repair shop business, and the code requires a Special Exception." Also, he confirmed that temporary outdoor display is permitted for business uses. (LI Zone purposes at Art. XIV, 100-140, "...is to provide opportunity for business and industrial uses on smaller lots...." Therefore, temporary outdoor display (with limitations per Code) is not a concern with the enforcement department at this time. Attached are copies of the violation cited by Ed Forrester and attachment if you are interested in history of the former Justice Court matter. Mr. Droskoski ple d guilty to the first item, and the second item was withdrawn (or dismissed by Town as part of agreement). I did call Bill Droskoski and told him that I was„ in¢ this memo 0 and other information relative to the above subject in his pending ZBA file. He would stop by about 3:00 p.m. today to read the file and to bring copies of the sketched site plan area showing the display area. Board/D&D Local Criminal Vurt 'i TOWN OF Southold Docket No. (s) VIOLATION INFORMATION STATE OF NEW YORK) COUNTY OF SUFFOLK ss William Droskoski d/b/a D&D Cycles ) Defendant(s) TOWN OF SOUTHOLD ) The undersigned Town Inspector of the Town of Southold, being duly sworn, says that on 5/31/96 at about 12:30 D.m. at 22355 County Road 48 hamlet of Cutchogue Town of Southold County of Suffolk, State of New York, the defendant William Droskoski d/b/a D&D Cycles wrongfully, intentionally, knowingly, Feeidessiy, committed the offense of violating Southold-Town Code Section(s) 100-141 b(1) in that: Count 1: Defendant is engaged in the sale and repair of personal watercraft at the above location, which is located in a Light Industrial Zone. This use in this zone requires a Special Exception from the ZSA. The defendant does not have a Special Exception, nor has one been applied for. A/T #758 was issued for violation §100-141 b(1). Count 2: The defendant has collected, stored and accumulated a large pile of debris on the ground at the rear of the building, consisting of the remains of wooden shipping crates. This accumulation of refuse was not in a container or within an enclosure and covered an area approximately 20 feet in circumference and 5 feet high. I approached the defendant and issued A/T #760 for violation of §48-2A of the Town Code. This complaint is based on personal knowledge. SWORN TO BEFORE ME THIS 5r~" DAY OF June 19 96 r^ Signature of Official Administering Oath -Zo~mplainant Edward rrester Notary Public Title Town of Southold LINDA J. COOPER Notary Public. State of New York 48=83. Suffolk County December 31, 1w :11rZ October 3, 1995 Mr. Ed Forrester 53095 Main Rd PO Box 1179 Southold, NY 11971 Dear Mr. Forrester: Thank you for your interest in Polaris recreational vehicles. We hope you find the enclosed literature informative and helpful in choosing the Polaris product most suitable to your needs. Polaris Industries Inc. designs, manufactures and markets snowmobiles, all terrain vehicles, personal watercraft, parts, garments and accessories. We have been in the recreational business for forty years, and at this time we are the world's largest manufacturer of snowmobiles and the largest U.S. manufacturer of all terrain vehicles and personal watercraft. We recommend calling an authorized Polaris dealership for product availability or for the latest garments and accessories. Check your local yellow pages for dealer listings in your area. For your convenience we have listed the dealer closest to you. D & D Cycles Inc. 22355 Rt 48 Cox Lane Cuchogue, NY 11935 516-734-7500 Again, thank you for your interest in Polaris products. S, rely, Ed Skomoroh Vice President, Sales and Marketing Enclosures: 175-PB-02 191T ~ti' • 1 APP t1S BOARD MEMBERS OgUFFO(~-C hh ~~0~ ~Gy J (I P,7 Town Hall Gerard P. Goehringer, Chairman o I ` ' S3, ain Road Serge Doyen °w 7 P O~ Box 1179 James Dinizio, Jr. ~9uthold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Ol 41 ~a Telephone (516) 765-1809 TO: ZBA Chairman and B49)F APPEALS FROM: ZBA Staff TOWN OF SOUTHOLD RE: Staff Update - William Droskoski Special Exception (to be filed). NIS CR 48, Industrial Park, Cutchogue DATE: September 6, 1996 Wm. Droskoski was in - asked for Special Exception forms. Ile brought a copy of this 1992 C. 0. for a workshop for repair moo-rV,r; ne.. services which he got today from the Building Department. It seemed strange at first that a business which had a C.O. was applying for a Special Exception (after the CO). No one in Building Dept. was able to explain what use needed the Special Exception (especially since no other tenants were violated by Ed for lack of a special exception at this property and there is more than one tenant apparently selling or repairing). Town Attorney explained that it still needs a Special Exception (and later will need a new C.O. to be tip-to-date.) It was difficult based upon the above to understand "what use permit in the Special Exception" was being needed, since he had a 1992 C.O. for a repair workshop. About an hour later, I was able to get in understanding of what was needed and what section of the Code to apply tinder from Ed Forrester. Ed said that it was the sales of marine items"," Section 100-131B-8 that triggers the need for the special exception. It; If it weren't for Ed's explanation of the status in court, our office u would not know why he was applying. (Nothing was furnished in writing to our office when code matters are taken to justice court, and that's why I'm printing this now - for our record.) When Mr. Droskoski tried to apply for a new C.O., the Building Department would not accept his application because it is their policy to refuse applications (which are incomplete), until all other permits have been issued from other departments and agencies, and It,-- could apply it the end of getting other approvals. He was told by Building Dept. lie needs a Special Exception first. No other direction was given for any other approvals at this time. Mr. Droskoski has delivered his application for a Special Exception today, and will be advertised for the October meeting. Please feel frce to review his new file which will be set tip on the table Tuesday, septomher loth. Thanks. \ APPEALS BOARD MEMBERS h~o~~gOfFO(,~~oG Southold Town Hall y~ Gerard P. Goehringer, Chairman 53095 Main Road o s Serge Doyen C4 = P.O. Box 1179 James Dinizio, Jr. O .tc Southold, New York 11971 Robert A. Villa y~fj~ a0~ Fax (516) 765-1823 Lydia A. Tortora 1 * Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD October 1, 1996 Mr. William Droskoski D & D Cycles, Inc. 22355 Route 48 Cutchogue, NY 11935 Re: Appl. 44422 - Special Exception Use (Marine Sales/Display) Dear Mr. Droskoski: Please find enclosed a copy of our Notice of Hearings for the October 17, 1996 Regular Meeting. Also enclosed is a Poster sign, which should be displayed as soon as possible on a post, tree, or fence 10 feet, or closer, in the front yard facing C.R. 48. The sign must be displayed for seven full days (or more at your choice), and after the seven-day period has passed, please sign the enclosed Affidavit of Posting before a notary public and return to us either by mail or delivery. With reference to the enclosed map (copy of the site plan on file with the Planning Board), please note, by scale, the area for 21 1 temporary outdoor display. A copy of the law pertaining to permitted 'tLoutdoor displays is enclosed for you to review before sketching the d'- map - which restricts certain areas. lroJlb Please feel free to call if you have any questions regarding this process. Very truly yours, dida Kowals t%.nclosures l~ BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application of ± A C s----------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING 1, 1, i.jjlcthk)f0'-6kk , residing at New York, being duly sworn, depose and say: That on the -1~ day of pC 1 1996, I personally posted properly known as " `eT C(g cp 1c ~KJn 0j i -t 8 it by placing the Town's official poster sign ten (10) feet, or closer, from the front property line where it can easily be seen from the street, and that I have checked to be sure the poster has remained in place for seven full days prior to the date of the public hearing (date of hearing noted thereon to be held , 199_.) Dated: 0C+ - I 199 . (signature) Sworn to before me this / 'fk day of QC F. 19910. UNDA F. KOWALSKI Notary Public, State of New York NO- 52-"24771 oualifled in Suffolk Counq, L6Za a~' COnunlsSion Expires No.. tary Public n i APPEALS BOARD MEMBERS ' O~QgUFFO( COG Southold Town Hall a 7 Gerard P. Goehringer, Chairman 53095 Main Road c Serge Doyen ti x s P.O. Box t 179 Southold. New York 11971 James Dinizio, Jr. O .y y Fax (516) 765-1823 Lydia Robert A. . Villa Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM /COORDINATION REQUEST TO: Planning Board, Chairman, Members, and Office FROM: ZBA DATE: September 16, 1996 SUBJECT: Coordination on Projects (Possible Jurisdiction and Reply Request) This will confirm that the following three ZBA applications may need to receive a determination by the Planning Board under the site plan (or waiver) regulations pertaining to "applications" or "waivers." Your response (and suggestions on a "preliminary basis" about actual site layout/details) are appreciated: 1. Variance Appi. ?4389 - J. Gray and Jimbo Realtv (amended plan previously coordinated - applicant is still working with amendments through PB). We will need update for ZBA hearing to be held 9/19). Variance Appl. ;4418 - Michael's Pontiac-Cad-Olds Replacement of Existing Ground Sign. 3. Additional Use proposed - Unit i8 by William Droskoski, D & D Cycles, Tenant, Pudge Corp.-Owner of record. The applicant has advised our office that as part of the enforcement proceeding, he w not required to file for Planning Board site plan review for the proposed "outdoor display and sales of marine items." Please advise at this time whether or not PB will require an application. yJ OB- Please furnish ZBA with a copy of the approved site plan for. reference by ZBA members during this proceeding. (Please also feel free to comment on a preferred location of outdoor j ail display on the site which does not affect required parking or screening.) r(,,,wo ~ V't 0 r APS BOARD MEMBERS ~o~pgpFFU(,~ Coo Southold Town Hall Gerard P. Goehringer, Chairman y~ 53095 Main Road Serge Doyen y z P.O. Box 1179 James Dinizio, Jr. O .Ze Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Ol ~a Telephone (516) 765-1809 TO: ZBA Chairman audP44•9F APPEALS FROM: ZBA Staff TOWN OF SOUTHOLD RE: Staff Update - William Droskoski Special Exception (to be filed). N/S CR 48, Industrial Park, Cutchogue DATE: September 6, 1996 Wm. Dr•oskoski was in - asked for Special Exception forms. lie brought a copy of this 1992 C.O. for a workshop for repair ~n~r_r~,r;ne ~zas~ services which he got today from the Building Department. it, seemed strange at first that a business which had a C.O. was applying for a Special Exception (after the CO). No one in Building Dept. was able to explain what use needed the Special Exception (especially since no other tenants were violated by Ed for lack of a special exception at this property and there is more than one tenant apparently selling or repairing). Town Attorney explained that it still needs a. Special Exception (and later will need a new C.O. to be up-to-dale.) It was difficult based upon the above to understand "what use permit in the Special Exception" was being needed, since he had a 1992 C.O. for a repair workshop. About an hour later, I was able to get an understanding of what was needed and what section of the Co > >ly under from Ed Forrester. Ed said that it was the clis rla an P sales of rnarine items"," Section 100-131B-8 that triggers the need for the special exception. Fels a 41 If it weren't for Ed's explanation of the status in court, our office would not know why he was applying. (Nothing was furnished in A~ writing to our office when code matters are taken to justice court, as ti and that's wiry ]'in printing this now - for our record.) AIA 61-° When Mr. Droskoski tried to apply for a new C.O., the Building Department would not accept his application because it is their policy to refuse applications (which are incomplete), until all other permits have been issued from other departments and agencies, and lie could apply at the end of getting other approvals. He was told by Building Dept. he needs a Special Exception first. No other direction was given for any other approvals at this time. Mr. Droskoski has delivered his application for a Special Exception today, and will be advertised for the October meeting. Please feel free to review his new file which will be set up on the table Tuesday, September 10th. Thanks. ~e -QCP v ~~.a-Lc Pe2~ 0 a L G~ r d~ac +d~ h Zj • ~~gUFFO(~-c APPEALS BOARD MEMBERS h~O ~Gy o= Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS EZL RP~T30N October 17, 1996 SEQRA UNLIR ACQENSY Appeal No. 4422 Project Name: D & D Cycles, as Tenant - Unit #8 County Tax Map No. 1000- 84-1-26.3 Location of Project: 22355 C.R. 48, Cutchogue Relief Requested/Jurisdiction Before This Board in this Project: Special Exception for sales of marine items, and display, with temporary outdoor display for 6 to 8 sport vehicles as shown on highlighted site plan copy. This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental of€ects are likely to occur should the Project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. {X } this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. { } this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings, (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency.) For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. ~~gUFFO(~-c JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK C2 Z P.O. Box 1179 W Southold, New York 11971 REGISTRAR OF VITAL STATISTICS Fax (516) 765-1823 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER Telephone (516) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 4422 DATE: SEPTEMBER 16, 1996 Transmitted is an application for a special exception submitted by WILLIAM J. DROSKOSKI together Notice to Adjacent Property Owners; Zoning Board of Appeals Questionnaire; Short Environmental Assessment; Notice of Disapproval from the Building Department, survey, and other relevant documents. • rte.,-~ Judith T. Terry Southold Town Clerk PLANNING BOARD MEMBER FFO( Town Hall, 53095 Main Road RICHARD G. WARD oi0 Gyp P.O. Box 1179 Chainnan Southold, RITCHIE LATHAM, JR. New York 11971 BENNETT ORLOWSKI, JR. w Z Fax (516) 766-3136 WILLIAM J. CREMERS Telephone (516 8 a u sple KENNETH L. EDWARDS uAppeals PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Gerard P. Goehringer, Chairman, Board of 'i TMQ/~"'T FROM: Richard G. Ward, Chairman RE: Request for Planning Board comments William Droskoski, D & D Cycles, Tenant of Pudge Corp. SCTM# 1000-84-1-26 DATE: September 18, 1996 This is in response to your request for this Board's comments on the above project. In reference to the above Special Exception request for sales of marine items in the Light Industrial Zone; the Planning Board requests that the applicant show the area fore proposed outdoor storage on the approved site plan for this Boards r ewe ii -f-cdct' A copy of the approved site plan was p~~ " made available to your office. C BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter or the Petition z-f C, NOTICE - TO to the Board of Appeals of the Town of Southold hiiil~ TO: PROPERTY OWNER YOU ARE f1EREBY GIVEN 1401 ICE: 1. That it is the entton o dersigned to pelitioo the Board of Appeals of the Town of Southold to request..(Variance) Special Excepti (Special Permit) (Other) (circle choices 2. That the property which is the subjecLo( the Petition is located adj ent to your property and is des- cribed as follows: 02 d 3 3 s tt 1- P Sa Co ~l ~ R t S AJ 3. That the property which is the subjegt of so It Petition is located in the following zoning district- 3 That hN such Petition/ the undersigned will ret uest the following relie(: (1T~tLc<e t=dtPF ie' Afko6rrcL~C~P _ swAy\~~ FA Ass, 5. That the provisions of the Southold Town Zoning Code applicable I the relief sought by the under- signed are Article { L Section 1 BQ l3 1 ~j lp_-~ 6. Tha, a written Petition requesting the relief speci led..hove will be filed io the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine dte same during regular office hours. (516) 795-1809. 7. That before the relief sought may be granted, a public hearing, must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the -late of such hearing in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. s Dated: 6z 4 G Al Petitioner Owners'Names~ i~ Post Office Address C1~K ~_ti3e` Tel. No. [s ) ?3~( 7 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] YS q9a k PROOF OF MAI LINO OF NOTICE ATTACH CERTIFIED MAIL RECEIPTIS !`L?d ADDR SS {fir r; --7'145 969 T P 145 i p 14S 969 206 _ us Postal Service Receipt for Cert us Postal Set, US Po us US Postal Service No Insurance Coverage F Receipt f Roo Re Receipt for Ce prov Mail Do not use for Intemationi No Insurance t No kre No No Insurance Coverage Mail see reverse to Do not use for Dorwcl Do Do not use for Intelm_'eti met Fe te4 sent to i L c~A e~ 7~~ Pod x 3 Strap nb, Sr st e~L rr r--I U~ ~1,1c peat e,6ZI;Code 421P Cade /Jr( fice, a pmtC p ~ Post g ; 6- vt c C C1 i f3Z P Postage Postal Pr Postage s~ Certified Fee - , f a . Cenitied Fee CertlB G I Certified Fee S*,,Ml~yF- cial Delivery 5 Special Delli," Fee HSpe l to very Fee to / t tleceipt S ur F P to A Date De V v calls DlFum R F n D TleeA O DO, Tt Do 6 TALP dD Pt TOTAL S ostmtk Posh Os P( Postm d LL LL a _!A LL w a a En STATE OF NEW YORK) ss.: COUNTY OF SUFFIOLK ) ~T `~8 c o~ eft (J i *Am , residing at 3S5 o ct~~" being duly sworn, deposes and says That on ilia day Lt _ of 19 V Co , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses $et opposite the names of said persons are the addresses of said persons as shown on the current asscssm rot` of lhelown of Southold; that said Notices were mailed at the United States Post Of- fice at ~e IaQQ ; that said Notices were m 'led to each of said persons by (ccrtified) (registered) mall. Sworn to before me this day of :C1 99 --7 a it /S7. J Notary Public UNDA F. KaeVALSKI Nei Public, State of New YoA No. 52-"24771 q / oustHlad in Suffolk COURIV Commission Expires Nov, 1Ff.18 r (This side does not have to he completed on form transmitted to adjoining property owners.) _ k: The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will ue made Ly this ooard . before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b). If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? _Yes _NO 2. Will there be a major change to any unique or unusual land form on the site? _Yes /o 3. Will project alter or have a large effect on an existing body of water? _Yes LNo 4. Will project have a potentially large impact on groundwater quality? _Yes INo 5. Will project significantly effect drainage flow / an adjacent sites2 Yes -/No 6. Will project affect any threatened or endangered plant or animal species? _Yes ZNO 7. Will project result in a major adverse effect on air quality? _Yes /".No 8. Will project have a major affect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? Yes /NO 10. Will project have a major effect on existing or future recreational opportunities? Yes _ /No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? _Yes /No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? _Yes /No 13. Will project have any impact on public health or safety? Yes / Na 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over.a one-year period or have a major negative effect on the -yes /No character o£ the cc unity or neighborhood? 15. Is there public c troversy concerning the project? Z Yes -No Preparer's Signature: Representing: C- (c d_~ Date: ZSA 9/g5 • i 1416+ 121871-Text 12 PROJECT I.D. NUMBER 617.21 SEOR Appendix C State Environmental Quality Review _ SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART ]-PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT (SPONSOR 2. PROJECT NAME 3. PROJECT LOCATION: MYnictoallty County a. PRECISE LOCATION (Sires[ address and road Intersections, promment imamaras, eta. w provide maul a. IS PROPOSED ACTION: ? New ? Excanslon ? Modlflcatiorualtersttdn S. OESCRISE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially acre ultimately acres a. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ? Yes ? No It No, describe bristly 9. WHAT 13 PRESENT LAND USE IN VICINITY OF PROJECT? - ? Residential Lr Indust"al ? Commercial ? Agriculture ? ParkffaretlOpen :Oats ? Omer Deector. 10. GOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING. NOW 08 ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL STATE OR LOCALI? ? Yes ? No if yes, list agencnsl and pamutlaccra ais It. DOES ANY ASPECT OF THE A177I.3N HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? ? Yea ? N^ If yet iiat agency mama and permmapproval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? ? Yes ? No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE A00ltcanuscon3or name: Oatr. 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 .(Continued on reverse side) QUESTIONNAIRE FOR F!Lr.TG WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may he attached.) H. Is the subject premises listed on the real estate marxet for sale or being shown to prospective buyers? ( ) Yes (,'No. (If Yes, please attach copy of "condi.tians" of sale.) C. Are there FrQposals to change ar alter land canto-~? ( ) Yes il;f No D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shpwn on the map submitted with this application? /VV 3. Is the property bulkheaded between the wetlands area and the upland building area? /1U 4. If your property contains wetlands or pond areas, have you contacted the Office of the To_w~ Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed con ruction at or below five feet above mean sea level? Aly (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown an the survey map that you arm submitting? A,,O If none exist, please state "none." G. Do you have any constructs3.0.~ taking place at this time concerning your premises? If yes, please submit.a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you orrs~ any cc-owner also awn other land close to this parcel? /11V If yes, please explain where or submit copies of deeds. 1. Please list present use or operations conducted at this parcel _ ~A (cs ~0 S~ kA X:3~ and proposed u e S p1w_4 ~U Autnorized Signature and Date 3/87, 10/901k $ 97-13 WETLANDS § 97-13 TOWN - The Town of Southold. TRUSTEES - The Board of Trustees of the Town of Southold. (Added 6.0-84 by L.L. No. 6.19841 W=IL ,`1DS (Amended 8-26-76 by L-L. No. 2-1976; 3-26- 85 by L L Na.6-1985) A. tiDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on. tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet. including but not limited to banks. bogs. salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action: (2) All banks, bogs, meadows. flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following salt hay, black grass, saltworts, sea lavender. tall aordgrass, high bush. cattails, groundsel m=hmallnw and low march r~gr==&= (3) All land immediately adjacent to a tidal wettand as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS. (1) "Freshwater wetlands" as defined in Article 24. Ti- tle 1, § 24.0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection 8(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 z•s-es Form No. 6 0 TOWN OF SOUTHOLD • BUILDING DEPARTMENT TOWN HALL '65-1902 APPLICATION FOR CERTIFICATE OF OCCUPANCY A. This application must be filled in by typewriter OF, ink and submitted to the building inspector with the following: for new building or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 2. Final Approval from Health Dept. of water supply and sewerage-disposal(S-9 form). 3. Approval of electrical installation from Board of Fire Underwriters. Sworn statement from plumber certifying that the solder used in system contains less than 2/10 of 1 lead. 5. Commercial building, industrial building, multiple residences and similar buildings and installations, a certificate of Code Compliance from architect or engineer responsible for the building. 6. Submit Planning Board Approval of completed site plan requirements. B. For existing buildings (prior to April 9, 1957) non-conforming uses, or buildings and 0 "pre-existing" land uses: 1. Accurate survey of property showing all property lines, streets, building and unusual natural or topographic features. 2. A properly completed application and a consent to inspect signed by the applicant. If a Certificate of Occupancy is denied, the Building Inspector shall state the reasons therefor in writing to the applicant. C. Fees 1. Certificate of Occupancy - New dwelling $25.00, Additions to dwelling 525.00, Alterations to dwelling $25.00, Swimming pool $25.00, Accessory building $25.00, Additions to accessory building $25.00. Businesses 550.00. 2. Certificate of Occupancy on Pre-existing Building - $100.00 3. Copy of Certificate of Occupancy - .25C G. Updated Certificate of Occupancy - 550.00 5. Temporary Certificate of Occupancy - Residential $15.00, Commercial $15.00 Date New Construction........... Old Or Pre-existing Building Location of Property House No. Street Hamlet Onwer or Owners of Property County Tax Han No 1000, Section Block I........... Lot. Subdivision ....................................Filed Map............ Lot...................... Permit No ................Date Of Permit .......Applicant Health Dept. Approval. .L~~XJ4E!~..dQ.~...Unde writers Approval r Planning Board Approval. cia S Request for: Temporary Certificate........... Final C rticate.......... Fee Submitted: 5 .....P°LIC.,L § 100-131 ZONING § 100-131 A. [Amended 5-9-89 by L.L. No. 6-1989] Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) hereof, are subject to site plan approval by the Planning Board: (1) Any permitted uses set forth in and as regulated by § 100-31A(2) and (3) of the Agricultural-Conservation District. (2))Any permitted uses set forth in and as regulated by § 100-101A(3) to (5) of the General Business District. (3) Office buildings for businesses, governmental and professional uses, including administrative training, data processing, publication, financial and sales offices. (4) Telephone exchanges. (5) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. B. Uses permitted by special exception of the Board of Appeals. C The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, subject to site plan a roval by the Planning Board: (1) Any special exception use set forth in and as regulated by § 100-101B(5), (7) and (10) of the General Business District. (2) Light industrial uses involving the fabrication, reshaping, reworking, assembly or combining of products from previously prepared materials and which do not involve the synthesis of chemical or chemical products other than for pharmaceutical or research purposes or the process- ing of any raw materials except agricultural raw materials. Such uses may include industrial operations such as electronic, machine parts and small component assembly, as opposed to heavy industrial operations such as automobile assembly or milling activities, and will be subject to the following conditions: 10091 - 25 .N9 J0 1 § 100-131 - SOUTHOLD CODE § 100.131 (a) No such process or operation shall involve the handling, storage or discharge of explosives or permit upon the premises any virus or other type of infectious organisms identified with diseases of animals or humans. (b) No offensive noises, gases, fumes, smoke, odors, dust, effluent or vibrations shall emanate from such use and no waste products shall be discharged therefrom of a character to create a nuisance or to be injurious to health or to negatively impact groundwater. (c) Such processes shall involve the use of only oil, gas or electricity for fuel (3) Conference facilities, subject to the following conditions: (a) Where rooms are provided for conference attendees, said rooms are permitted as set forth and regulated by § 100-61B(4) of the Resort Residential (RR) District. [Amended 523-89 by L.L. No. 7-1989) Public utility structures and uses. Printing or publishing plants. (6) Truck or bus terminals (garages, parking facilities, loading docks, etc.). (7) Food processing and packaging plants, not including fish processing plants. 8) Wholesale and re i sales d repair of boats and marine items. ( Boat building, boat servicing and boat storage facilities. (1 Restaurants. (11 Sauerkraut manufacturing plants. (12) Basic Utility Stage II airport, subject to the following conditions: 10092 7-_s-89 SPECIAL EXCEPTION Town Law, 5274-b as Amended July 1, 1991: SPECIAL USE PERMIT is authorization of a particular land use which is permitted in a zoning ordinance or local law, subject to conditions imposed by such zoning ordinance or local law to assure that the proposed use is in harmony with such zoning ordinance or local law and will not adversely affect the neighborhood if such conditions are met. A. New provisions applicable under 5274-B of New York Town Law: 1. Where a proposed Special Use Permit contains one or more features which do not comply with the zoning regulations, application may be made to the ZBA for an area variance without the necessary of a decision or determination of the building inspector or other administrative official charged with the enforcement of the zoning regulations.§274B-3 2. Notice of Hearing Date to applicant and County Planning agency at least ten (10) days before such hearing.§274B-7 3. Date of Hearing to be within 62 days of receipt of application. §274B-7 4. Waiver of preestablished requirements is permitted if found not to be requisite in the interest of the public health, safety, or general welfare, or inappropriate to a particular special use permit. §274B-5 5. Compliance with SEQRA procedures before rendering decision. §274B-8 6. Decision to be made within 62 days of the close of the hearing. Time may be extended by mutual consent between the Board and the applicant.§274B-6 7. Written decision to be filed with the Office of the Town Clerk within five days after the day it is rendered, and a copy mailed to the applicant. B. Building officer or Inspector must determine compliance of ZBA Conditions before issuance of permits. 5274B-4. Prepdred by the Southold Town Board of Appeals References: New York Town Law and Department of State J § 100-121 ZONING § 100.122 (I) Whethera hazard to life, limb or property because of fire, flood, erosion or Panic may he created by - reason of or as a result of the use, or by the structures to be used therefor, or by the inac- cessibility of the property or structures thereon § ]00.121 \ for the convenient entry and operation of fire and SOUTHOLD CODE g ]00.141- other emergency apparatus, or by the undue concentration or assemblage of persons upon such cal The character of the existing and probable plot. (Amended 7.31-731 devebpment of uses b the dasrm[ and the c (jl Whether the use or the structures to be used location ation of suitehi0ty of each distnet for the any of such Permitted mot therefor will cause an overcrowding of land or (b) Tha cunaereatba of Property values and the undue concentration of population. _ laneowurAgemaas of the mart appropriate uses of (it) Whether the plat area is sufficient, appropriate C _ and adequate for the use and the reasonable[ C. Special exceptfuna BP-W Permits and other a Icl The effect that Whomeer a ass or the location of the proposal use anticipated operation and expansion thereof. the Board of the location themof, is permiYedPPO~nlyli( may have upon the location v he Pr hsore d of Appeals shall approve thereof, the Board of veb"bu vaBrc congestion an public streets or (1) Whether the use to be operated is nnrensonahl~ Appeals my, in a specific case and after notice and public htgbwaya. near to a church, school, theater. recreational w-a ,authorize such Permitted use and its bunion , (d) The av - or other lace of ublic assembly. Mthis dounec to which this chapter npaei6as the Private wow supply an and proper public he p P Permitted has map be located, subject. however to the and facilities for the ~.f D. [Added 2.1$3 by L.L. No. 2-19631 Interpretations. On following: ttaetmem, removal or discharge of sewage, refuse a pose] Before such approval obe ppeal from an order, decision or determination of on Sivea or Other eBluantlwhethea liquid, solid, gas' or administrative officer, or on request of any town officer. 1. amo shall be the Board of othYwfsel that may be cawed v created by or as APPasIa shall determine: a result of the me. board or agency, to deride any of 1 he following: (e) That the use will not p,o,ai the orderly sad let Whether the we or the m uniala incfdenyl Ill Determine the meaning of any provision in this reasonable use of adjacent properties or of thereto or Produced thereby may give off Ob. `J chapter or of any condition or requirement specified or ProPeniee in edjamet we dfscricta coname gases, odom, snake or soot made under the provisions of this chapter. (b) That the use w01 not Prevent the orderly and (0 Whether the we will awe disturbing e..am (2) Determine the exec[ locution of any district bounden' reasonable use of permitted or legally established of electrical discharges, dust, fight. vib shown an the Building uses b the district whacete the mix ntiw or ` B Zone Map. be baud. m of a e um s se is to ass in adjacent medustricts. legally Y established lBl Whether the operation in punwnce of the we will wwe undue imedemrxx with the arderty § 100-122. Additional conditions and safe (c) That the safety, the health, the welfare, the mjoymem by the Public of Peaking or of mm- ~ gourds. undo[, the convenience or the order of the town tmunel facOu"' if existing or it by In deciding any matter before it, the Board of Appeals may will not be adversely ehec d by the pm town or b pmPOSal h the posed we ? other competent govermnencal impose such conditions and safeguards as it deems necessam or and its 4aa will agencies, mew 01 for bit, appropriate to preserve and protect the spirit and the objectives of Ill That the we will be is harmony with and promote ~Z Ihl The mumous-surfaced spa" for this chapter. the general purposes and 'meat of this chaptas. Purposes of off-sues[ yvkng of v,lddae in. - (21 In making such determination, the Board o(A c'mmal to the use, and whether such apace 6 (Cont'd on page 10057) shall also halve consideration, among other thirmga, so: Ppeto: ( murrmnishal aished adequate and 2MOPriate and can be by th e owner of the plot sought n be used within or adjacent to the plot wherein the use shall be loud. se 10056 •-a.a [ Ga.= w 10056.1 s-S.g t ~ 10056 - J e.a.Y f - 'i y4 S . • .,H M..n~ , r Pel..s~ a r t l t ~.G 1 K f r I L' ~Y 0, 1 e, Y ce, P+i d r PeCA4, NOTICE 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. OWNERS OF RECORD: Q Ni T D +w C c le. y G DATE OF PUBLIC HEARING: 000 oftt ~ :65 I ~~7 I`l 096 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 6 ti ME TYPE" ::F e,45- Solos t- ti-ts~i