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HomeMy WebLinkAbout4196 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A..¥jlJ~ Richar~ C. Wi~on Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SEQRA UNLISTED ACTION DECLARATION SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Sept. 29, 1993 Appeal No. 4196 Project Name: Allen Ovsianik/Ovsianik Enterprises, County Tax Map No. 1000- 97-2-15 Location of Project: 32930 Main Road, Cutchogue, NY Ltd. Relief Requested/Jurisdiction Before This Board in this Project: Permission to place canopy-type sign on westerly side wall of existing principal building for advertising and aesthetic purposes 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 effects 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 SEQRAAction, 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 wa will be required to proceed as Lead Agency.) For further infol~ation, please contact the Office of the Board Appeals, Town Hail, Main Road, Southold, NY 1%971 at (516) 765-1809. mc of APPEALS BOARD ~EMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BO~ OF ~P~ TO~ OF SOU~OLD NOTICE OF P~LIC HEARINGS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on MONDAY~ OCTOBER 18, 1993 commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4193 - NICK CYPRUS for a Variance to the'Zoning Ordinance, Article XXIV, section 100-244B for permission to construct garage addition with a reduced westerly side yard at less than the required 10 feet, and total sideyards at less than 25 feet. Location of Property: 1100 Sound Beach Drive, Mattituck, NY; County Tax Map Parcel No. 1000-99-1-4.1. The ~ubject premises is a nonconforming, substandard lot having an area of approximately 18,500 square feet, located in the R-40 Low-Density Residential Zone District. 2. 7:35 p.m. Appl. No. 4197 - Application of HARLEY B. ARNOLD for a Speci'al Exception as provided by Article IIIA, Section 100-30A.2B approving an Accessory Apartment use in t~age 2 - Notice of arings Southold Town Board of Appeals Regular Meeting of October 18, 1993 conjunction with owner's residency in this existing dwelling situate at 1455 Albo Drive, Laurel, NY; County Tax Map Parcel No. 1000-126-3-16. 3. 7:40 p.m. Appl. No. 4194 - Application of RACHEL VOEGELIN for a Variance to the Zoning Ordinance, Article III, Section 100-33 for an accessory satellite dish structure, as installed, in the southerly yard area (known as front yard area under the zoning definitions). Location of Property: 58473 (ROW off) Main Road, Southold, NY; County Tax Map Parcel No. 1000-55-6-33.2. 4. 7:45 p.m. Appl. No. 4192 - ROGER AND MADELYN STouTENBURGH for a Variance to the Zoning Ordinance, Article XXIII, Section 100-231A, for approval of man-made berm, as situated, with a height in excess of four feet from ground level at 505 Skunk Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-97-4-3. 5. ~:50 p.m. Appl. No. 4191 - BECKY JOHNSTON for a Variance under New York Town Law, Section 280-A, for acceptance of minimum standards of .improvements over new easement right-of-way areas, as modified since the prior Appeal Hearing and Determination rendered under Appl. No. 3478 on 9/11/86. Location of Right-of-Way or Easement Area: Commencing at a point along the north side of Oregon Road, Cutchogue, along the page 3 - Notice of Warings Southold Town Board of Appeals Regular Meeting of October 18, 1993 westerly side of lands of Bokina, over lands now or formerly of William J. Baxter and others identified as Lot 1.9, Block 1, Section 72, extending northerly approximately 1035 feet, to a point, thence running in an easterly direction approximately 563 feet to the applicant's parcel of land identified as Lot 1, Block 2, Section 73, District 1000, all as shown by survey amended June 17, 1992, prepared by Roderick VanTuyl, P.C. 6. 7:55 p.m. Appl. No. 4196 - Application filed in behalf of ALLEN OVSIANIK Variance under Article XX, Section 100-101C for permission to place canopy-type sign at westerly side wall of existing principal building for advertising and aesthetic purposes. Location of Property: 32930 Main Road and easterly side of Eugene Road, Cutchogue, NY; County Tax Map Parcel ID No. 1000-97-2-15 and 16.5, containing a total combined lot area of 1.85 acres, a portion of which is located in the "B" General Business Zone District, and the remaining portion in the "R-80" Residential Zone District. 7. 8:00 p.m. Appl. No. 4195 - Application of PETROL STATIONS, LTD. Request for Variance to the Zoning Ordinance, Article VII, Section 100-72 for approval of Lot No. 4, as proposed, with more than one principal use for this proposed 39,219+- sq. ft. parcel of land (exclusive of right-of-way area). The premises, as exists, contains a total lot area of 5.835 acres and is · ~a n Page 4 - Not±ce of ri gs Southold Town Board of Appeals Regular Meeting of October 18, 1993 improved with: (a) the northerly building which was converted in 1988 from a barn for the storage of antiques to an architect's office as shown on the site plan map prepared by Samuels-Steelman, approved by the Planning Board 12/14/87; (b) the front main building utilized as a single residence and a real estate office; (c) a separate garage structure; (d) a separate shed. Location of Property 25235 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-109-1-23. 8. 8:15 p.m. Appl. No. 4198 - DR. GEORGE KOFINAS. Variance to the Zoning Ordinance, Article XXIII, Section 100-231(A) for approval of fence height, as exists, above four feet. Location of Property: 552 East Road, Cutchogue, NY; County Tax Map Parcel No. 1000-110-7-18.2. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to request more information, please call 765-1809 or visit our office. Date~: October 4, 1993. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski x TO~VN OF SOUTIIOLD BUILDING DEPARTMENT TO',YN CLERK'S OFFICE SOUTItOLD, N.Y. NOTICE OF DISAPPROVAL ~~..~.., ~: ........... PLEASE TAKE NOT!CE tha/t your application dated ...,-'1~.~/.~.? ... T o~-~ for permit to ~..~.., .~. . LOUnty Tax Map No. 1009 Section · .............. mocr -~ .......... Eot ..(~ .... Subdivision ................ FHed Map No ................. Lot No ................. i3 retuzned herewith and disannroved -.~ ~. /~ -/~/, . .~, ~ · ~ '.~.. .. ......... .~ . . .~~~.~. . ~ ~ ~ _ ~ ~ · . .~. . . ~ .... ~. . ~. . ..,.. RV 1/80 i Inspector FORM NO. 1 TOWN OF SOUTHOLD ' BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 hsapproved a/c ~ -" . .., ........... ................ ~... ~,. (~di~g inspector) · APPLICATION FOR BUILDING BOARD OF' tiEALTII ......... 3 SETS OF' PLA;IS ......... SURVEY ................... £IIECK~ .................... SEPTIC FOP, It .............. CAL~ HAIL TO: Date . .12,/.7.L92-. .......... 1992.. INSTRUCTIONS ~a. Tiffs application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 ts of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of'lot and of buildings on premises, relationship to adjoining premises or public streets ' 'areas, and ,,' ' ,, ,,~Vmo a detailed description of layout of property must be drawn on the diagram which is part of this appli- ttion. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit ail 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 Occupancy ~all have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the :ilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or :gulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. ~e applicant agrees to comply with ali applicable laws, ordinances, building code, housing code, and regulations, and to ~mit authorized inspectors on premises and in building for necessary inspections. . fi~. ~.c...-r~,< v.~. ~.~.~.~4 .~.. X_.~.o,. (Signature of applicant, or name, if a Corporation) : . 8490'SotJn~lv£6w A~6nue, .~o~J;~01d,NY 11971 (Mailing ad.dress of applicant) rate whether applicant is owner, .... lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. '- B.~.~.~.v. ame of owner of premises ,., Al len ~. Ovsianik (ason the tax roll or latest deed) applicant is a Corporation, signature of duly auth~orized officer. ......... . ..... ~ e and title of corporate officer) ' Builder's License No .......................... Plumber's License No .......................,. Electrician's License No. ,' ..................... Other Tradc's License No ...................... Location of land on which proposed work will be'done.. SE. Corner,. ~0J0..~..E.ug.e.n.e..Rood., .¢.ut.c.h.o.g~.e. . ........· ................ ........ ...... '. i llouse Number · Street Hamlet ' County Tax Map No. 1000 Section .... 97. ~ .......... Block .... ~ ............. Lot ....1.5 .............. Subdivision ........ .; ............................ Filed Map No. (Nan:c) ........... ... Lot ............... State existing usc and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy Auto Repair b. Intended use and occupancy Same · Nature of work (check which applicable): New, Building .......... Addition .......... Alteration ' ' Repair .............. Removal .............. Demolition .............. Other Work C~trl0~7 (Description) d C $ .4 000 ' Estimate DSt .......... Fcc .... (to be paid on filing this application) If dwelling, number of dwelling units ... tlS.... ....... Number of dwelling units on each floor, n..a ............. · If garage, number of ca.rs ............ na ..................... ' ................................... '.. If business, commercial or mixed occupancy, specify nature and extent of each type of use . .~t, lt. O . .~ .o .p .a .i ?.. Dimensions of existing structures, if any: Front...42.'..4. 3/.4Y... Rear . 42.'. 4.3/A?... Depth . .45.~. 3/.4~' ...... Height . .I~L/~"..(mgx.).. Number of Stories ...... ...00.e .............................................. Dimensions of same ~tmc~ture with a tcrations or add Lions: Front ...n.a ( same I ...... Rear . nd. { s/line) ........ Depth ... pal' .(same'.) .......... H~i~t~.. od. ~ same) ........ ].. Number of Stories. nd. (~ame.) ..... Dimensions of entire new construction: Front ............... Rear ............... Depth ............... Height ............... Number of Stories .................... Ils .................................. Size of lot: Front .... 1 36...1A.' ............. Rear .. ~5...4.7 ............... ' Depth W=.129.. 39.' .;. £.=.12.1 ...0.' .... Date of Purchase ....1982 ...................... Name of Former Owner . [~, .A,..Mc¢o 1 ] U.m ............... Zone or use district in which Premises are situated. ........... .B .u .s j. .n .e .s .s . O. S .s g r. i..c~. ........................ Does proposed construction violate any zoning law, ordinance or regulation: ..... .NS .................... Will lot be regraded ......... ND ................. Will excess fill be removed from premises: na Yes No Naine of Owner of premises Al.lea. Id... O.v.isanik... Address ~3.4~.0. ~o~nCYJ ¢~t./~y~. Phone No.73.4.-6610 ........ Name of Architect ....... 3.a .................. Address ................... Phone No ................ Name of C0ntractor &p~Lr'~lm. ............. .... Address . M~JD. RO/td......... Phone No. . 765r6060.. ......... Is this property within 300 feet of a tidal wetland? ayes ........ No ......... *If yes, Southoid Town Trustees Permit may be required. ... PLOT DIAGRAM Locate clea'rly and distinctly all buildings, whether existing or proposed, and. indicate ail. set-back dimensions from >erty lines. Give street and block number or description according to deed, and show street names and indicate whether rior or corner lot. APPROVED AS NOTED' FEE: l~-b ~ aY: ~ NOTIFY BUILDING DEPARTMENT AT 765-1802 S AM TO 4 PM FOR THE FOLLOWING INSPECTIONS: 1. FOUNDATION - TWO REQUIRED FOR POURED CONCRETE 2. ROUGH - FRAMING & PLUMBING 3. INSULATION 4. FINAL CONSTRUCTION MUST SE COMPLETE FOR C.O. ALL CONSTRUCTION SHAM. MEET THE REQUIREMENT~ OF THE N.Y. STATE CONSTRUCTION & ENERGY CODES. NOT RESPONSIBLE FOR DESIGN OR CONSTRUCTION ERRORS 'E OF NEW YORK, flY OF .S~i~.~. e¢~ ......... S.S .l::~,..~lJ lYl F.'¢ff~ .~ ......... ........being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) named· :h~ .. ~GFNV.... (Contractor agent corporate officer etc ) ........ ~' '~ ........... ] owner or owners, ~d is duly authorized to perfom or have perfo~ed the said work and to m~e and file this ation; that all statements contained h this application are true to the best of his kn~ledge and belief; and that the ~vfll be perfomed in the manner set forth in the application filed therewith. ' to before me this 4 of .................. Y .... ' ......~ ........ ,19L:. NOIA~ PUBLIC SIM[ OF N~ YORK ' ' ~ '~' ~ c V.. /~ . fin . TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEL NO. L//9 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) Allen W. Ovsianik of 8490 Soundview Avenue . Nome of Appellant Street and Number Southold New York ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .....z:;.l..9_._l~._,..~. ........................ WHEREBY THE BUILDING INSPECTOR DENIED TO The Sign Makers a/c Allen Ovsianik Name of Applicant for permit of 32930 ~in Road C~tchogue New York Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR. OCCUPANCY (X) Sign Graphics i. LOCATION OF THE PROPERTY .~.2..9.:~..M~.~..B.p.~`~.~..c..h.9~u..e..~...N...~.....Y.~.`r...k....:~..p~§.~2~.~..f[ ..... Street /Hamlet / Use District on Zoning Map District 1000 Section g7 Block 2 Lot 15 ~ _~ ..................... curre.~ Owner Alien W. Ovsianik Mop No. 'Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do nat quote the Ordinance.} Article XX Section 100-101 C 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. LaWs Art. 16 Sec. 280A Subsection 3 (X) Said Graphic is in fact of permanent material -- i.e.t Vinyl Graphics 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. ' Such appeal was ( ) request for a special permit ~ ) request for o variance ~nd was made in Appea! No ................................. Dated ............................. , ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (') A Variance to the Zoning Ordinance is requested for the reason that Ferm ZBI (Continue~ on other side) % REASON FOR APPEAL Confinu~ 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sow HARDSHIP becaus~ .. The ordinance states that "...impermanent material...(is)...prohibited..." and we and the owner are. in agreement with the thrust of the ordinance. The material we are using is FasCal 5000, manufactured by the Avery Company. We also use Fascal 7000 which, in certain colors, is even more durable than FasCal SO00. This material (also manufactured by "5-M") is used in a type of graphics known as Winyl Graphics". The minimum life is 5 years, but in temperate conditions, 95 years is not unknown. Certainly longer than '~nand-painted" graphics. The material is impervious to shrinking, rain, snow, sleet, and all con- ventional cleaners. We use use this material to meet US Government specifications for the United States Coast Goard--specifically for their "Cutter" and "Patrol" Boats. We have used vinyl graphics on various materials for Southold Town (e.g., The Landfill, The Human Resource Center, etc.). We have attached a picture of a simlar installation in Riverhead ("Villella's/Havil's") which is over two years old. The canopy upon which the graphics would be appl$~d t~o~znued,On Attached ~agej The hardship created is UNIQUE and is not shared by ali properties aline in the irnrneatate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DIS I RlCT because The "Canopy" and "Graphics" would, if anything, enhance the character of the distric. This application'is -~ we believe -- a clarification of the ordinance as it relates to certain kinds of material, notably, vinyl graphics on Tedlar. : STATE OF NEW YORK ) ) COUNTY OF ~ f-~c~ L ) SS ~c~ ~ ~ ,$~ature S~vorn to this ...................................................................... 19 C~ "~ FORMER OWNER ~s,,/~O pE · .~ OF SOUTHOLD RTY RECORD CARD VILLAGE LOT RES. ~.~.Z.--- SEAS. VL. LAND IMP. TOTAL /20 o /3o~ FARM DISTRICT SUB. ~/" be,t ~_' ACREAGE c~, 3~_..~ TYPE OF BUILDING AGE NEW Farm Tillable 1 Tillable 2 Tillable 3 Wcodland Swampland NORMAL DATE MISC. BUILDING CONDITION ABOVE BELOW Acre Value Per Acre Value Brushland House P~t ~ ' Zetal M. Bldg. /~ ~'~-a 3 ~ ~ ~.-~--'-~ ~0 / Foundation ~.~ Bath Extension ~'~ ~ = ~ l~ 1~ / Basement ~ Fl~rs x;t~jon /7~' ~- ~t. Walls Interior Finish Extension Fire Place ~ He~ ]~ '~ ~ 0 : ~ / ~ ~ 7~~ Porch Attic Porch Rooms 1st Floor Breezeway , Patio Rooms 2nd Floor Garage ' ~ Driveway ,,...,~.~. ~,,~.,;_/~..s. TOWN OF SOUTHOLD PROPERTY RECORD CARD '¥-/~' OWNER 5T~,F.[ i ~ ~:~- VILLAGE DIST. SUB. LOT F~ER ~NER N o ~ ' ACR. / S ' W ~PE OF BUILDING Tilloble , FRONTAGE ON ~ / ~ H~ P~ BULKH~D ~ ~ O~ / , ,. _IZ1AP OF PP,..OPEi~ .'F.3.'r' :' .A..'~L:EU'".~':~'O.V.5, : .,T . .7 'Al"_' ' :i~ '" ' ' .. :, FORM NO. · TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) No- 16740 Z Permission is hereby granted to: , at premises located at ....................................................... · .................................................................... · ............ County Tox Mop No. 1000 Section .... .~,,..,~,,, .......Block ..... ~ ......... Lot No....Z..~.~ .... pursuant to application doted .~ .......... .~......~,.. ........ , 19~.~, ar~cl approved by the Building Inspector. Rev. 6/30/80 FIELD NDAT!O:I { 1st FOUNDATION ROUGH FRAME & PLUMBING INSULATION PER N. STATE ENERGY CODE FINAL COMMENTS: FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 Disapproved a/c ..................................... (Building Inspector) APPLICATION FOR BUILDING PERMIT JAN 2919 Received ........... ,19... Date ................... 19... ...... INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets o~ areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued 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 Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant, or name, if a corporation) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, piumoer or omlaer. · ~.~.~ d'~ ............................................... Name of owner of premises [,~% ~ ,'~-t~x .......................... ~" .......... (as on the tax roll or latest deed) If applicant is a corporation, signature of.duly authorized officer. (Name and title of corporate officer) Builder's License No...~. · ~' ............. Plumber's License No .............. - ........... Electrician's License No ....................... Other Trade's License No ...................... of land on which proposed work will be done.., d-~*'~ ............................ _.. · Number Street Hamlet Tax Map No. 1000 Section ./?.~.O. 7.g~i~.-:/.~'-... Block ...... Lot ................. Filed Map No ............... Lot ........ ~ ·: · · · ................ ................ ting use and occupancy of Rremises and intended use and occupancy of proposed construction: 3.. Nature of work (check which applicable): New Building .......... Addition .......... Alteration Repair ~'0'~ ' Removal , DemAl..,:-- · ........ :,~, ................ u mun · · .! .......... Other Work ............... 2f/~..o~>c, ~ ~-~ ~_. . _ (Description) 4. EstimatedCost....7~ ................................Feeff.. ~...~..~., .~. ~.. ........ (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor If garage, number of cars ................ 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ..................... 7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth Height ............... Number of Stories ................ ' .............. Dimensions of same structure with alterations or additions: Front ................. Rear ................... _,D.epth ...................... Height ........ 8. tJtmensionsgff entire new construction: Front .. ~.~. ? ............. Number o~f Stories ............. ;. ........ Height . ./,{ ........... Number of Stories .... /. ......... Rear ... ~..q:,. ........ Depth . Fo~- r 9. Size of lot: Front .................. . Rear... ~ ................. Depth ....... 10. 'Date of Purchase ..... ........................ Name of Former Owner ........... .. 11. Zone or use district in which premises are situated ~. t ................ Does proposed construction violate any zoning law, ordinance or regulation . 13. Will lot be regraded ~ W .... : .............................. ........................... . 14. Name of Owner of premises ,ff/.t~?..~. ~v.s.;.~.:,.~. ~'d red from premmes: Yes No Name d · ' ?' ......... ....... Phone No.?.a.~...~.&?. of Architect ........................... Address ................... Phone No ..... Name of Contractor ................ Address ........... ............................. Phone No ............... 15. Is this property located within 1100 feet of a tidal wetland? ~ Yes ..... No . ~ ' ~ If yes, Southold Town Trustees Permit may be required. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or coruer lot. STATE OF NEW YORK.- .... · covey OF '2 ...... ' '~(~a~n~e~-ot~/ififiivifi~l~st~n~ng~c~n~tra~i .......... being duly sworn, deposes ~d says thane is the applicant above named. He m the ..... ~.~.~ · · - (Contractor, agent, corporate officer, etc.) ' ' of said owner or owne~, md is duly authored to perform or have perfo~ed the said work and to m~e md file ~is application; that MI statements contained ~ this application are true to the best of his knowledge and belief; md that ~e Work will be perfomed in the intoner set forth ~ the application filed therewith. Sworn to before me this '... .... f ...... .~ ...... day of .... t / I I. q: / / ~/~.//' Memorandum from · · · · BUILDING INSPECTOR'S OFFICE TOWN OF $OUTHOLD TOWN HALL, $OUTHOLO, N. Y. 11971 765-1802 JULY 5, 1988 NOTE TO OWNER: THE LEADERS ON THE BUILDING HUST BE DESIGNED TO SATISFY WATER RUNOFF TO KEEP SAHE ON PROPERTY FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy Date .~9~Y..~ 1988 THIS CERTIFIES that the building ACCESSORY 32930 Main Rd. & Location of Property 15 Eugenes Road Cutchogue, N.Y. County Tax Map No. 1000 Section ....9 .7 ....... Block . .. 2. ........... Lot ... ] .5 ............ Subdivision ............................... Filed Map No ......... Lot No .............. conforms substantially to the Application for Building Pemfit heretofore filed in this office dated January 29, 1988 pursuant to which Building Permit No. 16740 Z dated.........February ............ 11, 1988....... was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for wlfich this certificate is issued is ......... ACCESSORY BUILDING TO MAIN BUILDING AS APPLIED FOR The certificate is issued to . ALLEN W. OVSIANIK .................... /o¥.'o;, ~ ~{ x .................... of the aforesaid building. Suffolk County Department of Health Approval N/k UNDERWRITERS CERTIFICATE NO. PENDING - June 23, 1988 PLUMBERS CERTIFICATION DATED: N/A Building Inspector Rev. 1/81 Building Permit #: 212537 - NIr. Allen W. Ovsianik : . EASTERN TI.RE WHEEL ALIGNMENT~ MUFFLEP.5 628 Note: Canopy Dimensions: Distance From Wall = 12.0" (12 Inches) At Bottom : Height = 6' 3" J SH3MV~ SOIHdVEIE) Length -- 28.0' Length Of Entire .all-- 45.0' l' "~OOMd Square Footage Of Graphic = 42 Sq. Ft Color Of Canopy = Light Blue Color Of Graphics = White/Black Highlights APPEALS BOARD MEIVIBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: SUBJECT: Building Department (AT'I'N: T~..Fish~ Dept. Jerry Goehringer, Chair.ma~~// Board of Appeals ~/..~ ~ October 25, 1993 ~ Appl. No. 4196 Ovsianik Enterprises, Ltd. (Owner: Allen Ovsianik Head) At our October 18, 1993 hearing, it was noted that the certificate of occupancy was issued for an "accessory building," and that there is no certificate of occupancy for an additional business. Since the application before the Board at this time is to advertise a business which has not received approvals under the zoning code as an additional business, we have referred the applicant to the Building Department in order that they may make application to rectify the same, and as may be appropriate, apply for other necessary approval(s). The application requesting an interpretation and/or relief from the material content will be tabled for a~undetermined period of time. You may also wish to advise the applicant that a permit application will also be necessary for the signs existing on the accessory building (which were not addressed with the new proposed sign -- probably due to the fact that they were not shown on the initial sign permit application). · ' cc: Town Attorney(s) Mr. Burke Liburt (a/c A. Ovsianik) 09-2~-299~ 14:~8 21~ 6?8 ~@22 K~PCO P.O~ FA $ON Ka co Kg~rr ~,DHSSWS ~OOUCTS CO, FASCAL® ~000 SERIES TRANSLUCENTS PaaC;'I® 5000 series Is e translucent flex~ble vinyl t~tm which is specially suited f~' use in applications involving I~acktit ~ignage. Material maintains consistent color under both trena'nitted end reflecteO lighting oonaitions, It adheres to · wide v,*riety of substrates, including glees, Lexane, Plexigles®, Tedlar~, end m~ny flexible sign face and awning materials. Suitability for specific application must be determined Dy tt~e encl ues~ prior to use. DESCRIPTION: Fits: Adhesive: R~teus Liner: 2.5~-,2 mile t~'anstuoent vinyl fits Permanent1 a~ryllc, pressure.sensitive 80# SuperTuff® ADHESION: (Reference Su!3strete ~ Stainle~ Steal) 1 min. dwell STP 15 min. dwel! STP 24 hrs. dwe',i STP TYPICAL VALUE6: (oz,/in, [~f width) 30 35 45 PHYSICAL AND CHEMICAL CHARACTERISTICS £;utd.'~r Durabihty Application Temperature; Service Temperature Range: Storage 8tsbi~ity: Presumable: Die Cutting Dimensional Stability: Aged 48 hrs. at 150'F Application Sudaees: Five years' (ye;ileal) · ~40°F (m[nlmum) -50~F to 200'F One year when storeO et temperature of 7~'~P Re~tant to most petro{eum-besed oils, greases, eno aliphatic solvenm' Resis~ant to mil~ ac, ids, alkalies, and salt~. Yes Yes (t~ermal end ~eal rule) ~1/64" (both on liner aha applieci to aluminum) Fiat and oontoursci surfaces, (Formed in one dimension only.) *Life may be reduce~ if exposed in horizontal or extreme climate ccnaiMcns. IMPORTANT: Informltlen on phyNeal and ahernleal ~hlre~*te~afl~a la bind ul~n tecta Wi bel~va te bi tillable, Th/vilull ere Intended ~nly la a' teurae of Inferm~tlan end are given without guarantee end de n~t ~on~tltute a warranty. Purehlllnl ehoul¢l Independently determine, plier to u~e, the .ultablllty ef thll material for their ide~lflc puq~oae. Fai(~el· is a trademark of Avery Original Issue 3/87, Tr~mspor~aton & Amhitectural Graphics 250 Chester Street I Pelneaville, Ohio 44077 / Phone (216) 352.4444 IMAGE MAKER PLUS IM-IO00 SERIES IMAQE MAKER PLUS Is a series of opaque, flexible cast vinyl films designed spsoifically for use on ste~troni¢ cutting equip- me~. This ~onatru~on provides excellent cutal:~lity, weeclabllity, transferability, end conformebility, anti is available in a wide variety of standard colors, Description: Face Film: Adhesive: Rel~se Liner: Colors: 30 St~k Colors 2,0 mil cast flexibte vinyl film 1,5 mil permanent, acrylic, pressure-sensitive 4,5 mil 84# bleaohe¢~ I(ratt paper (release oo~ted) Adhaaten: Adhesion datermined by peeling e 1. x 8" sample at ~, t80' ~ngle from a test panel after aging et 73°F/50~/0 R.H, using an In~tron® tensile tester at a speed of 12 I~he~/minute, Typical Adhesion Values · I.b~/Inoh: 1110· Peel' Data provided in this table is typical for the product series, but should not be u~ecl for specification purposes, I1~ MIn, ~4 Hnl. .~lubstratee: Al~lled Applied Bt~nle~ Steel 3,4 3,9 Chrome 3.5 4.0 Glass 4.4 4.4 Anodizeci Aluminum 3.4 4.5 Auto Enamel 3,5 4,0 FRP 3,9 3,9 Physical and Ohemloal Characteristics' Outdoor Durab!!lty: Application Temperature: Application Surf&cas Service Temperature R~ge. Storage ~bili~: W~er R~: Chemical Re~s~n~: ~dvent R~e: Ten~ile at Yield: Tensile at Break: Elongation; Dimensional Stability: Premaskable: Release (liner): Five years when properly cor~ve~ted and applied +40"F minimum - mater!al and substrata Flat and Irregular surfaces -50*F to +200*F TwO yea~s w~en stored at ~73~F and 50% R.H, Impervious to water Resistant to most mjJrJ ablcle, alkaJi and eait ~utions When properly ~pplled and edge sealed, matedal is resistant to mo~t petroleum based oils, greases, allphetio solvents, such as kerosene, JP-4 fuel, heptene and reference test fuel 4-8// 5-12# 100 minimum (sollcls) 50% minimum (metalll~s) Excellent, Determined by measuring skrinl~ege of film applied to 6"x8" aluminum test panel after 72 hour~ aging at 73°F/50~ R,H. followe~ by 48 hours at 150°F, Yes 100.200 gms, *lmlX~rtant; Information on physical and chemical characteristics is based upon tests we believe to be reliable, The values are intended only i~ e souroe'of Information end ars given without guarantee and dO not constitute a warranty. PurcheJers ~h0uld in- depenclently determine, prior tO u~e, the suitability of this m.terial for their specific purpose, For fur~l~er information regarding this product end. its ~Jae oontsot the Transportation & Arohlte~tural Graphics Technical Marketing Department, Issued 6188 250 Chelmr Street Pan..villa, OH 44077 Phone 218 3~2~4444 (516) 369-5555 Facs (516) 369-0605 October 12, 1995 The Zoning Board Of Appeals Southold Town Southold Town Hall Southold, New York 11971 To The Board: Re: Allen W. Ovsianik Project We designed the "canopy sign" for "Eastern Tire" to be attractive and we hope you find it so. We believe that the canopy will enhance the building, which is a flat commercial wall, and the surrounding area as well. We would certainly welcome any suggestions you may have with regard to this project, should you feel that it requires further modification. Thank you for your kind consideration. Burke E. Liburt cc: Allen W. Ovsianik THIS INDENTURE, made the/~th day of December BETWEEN THOMAS KENNEDY, residing at 120 New York, DISTRICT: 1000 SECTION: 097.00 BLOCK: 02.00 LOT: oz-C6T~, o o5 . nineteen hundred and eighty-three Log Road, Patchogue, party of the first part, and ALLEN W. OVSIANIK, residing at (no #) North Road, Cutchogue, New York, party of the second parr, WITNESSETH, that the party o[ the first part, in consideration of Ten Dollars and olhcr valoable consideration paid by the party of ehe second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying andheingi~ld~x at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Eugene's Road, said point being distant 129.39 feet easterly from the corner formed by the intersection of the easterly side of Main State Rte. 25 Road with the northerly side of Eugene's Road said point also being where the division line between premises about to be described and land of McCallum intersects said northerly side of Eugene's Road, and from said point of beginning; running thence along the easterly side of land of M¢Callum and land of Abatelli and through a monument, North 42° 12' 00" East 185.47 feet to a monument set on the northerly line of land of Abatelli; running thence along the northerly side of land of Abatelli, North 50° 34' 00" West 121.0 feet to the easterly side of Main State Rte. 25 Road; running thence along the easterly side of Main State Rte. 25 Road, North 43° 44' 40" East 131.22 feet to land of Zabriski; running thence along the southerly side of land of Zabriski, South 68° 15' 00" East 220.48 feet to land of Filla; running thence along the westerly side of land of Filla, South 26° 11' 50" West 331.63 feet to the northerly side of Eugene's Road; running thence along the northerly side of Eugene's Road, North 68° 42' 40" West 193.44 feet to the point or place of BEGINNING. BEING AND INTENDED to be the same premises conveyed to the grantor herein by deed of Martin Filla, dated 9/4/74 and recorded in the Office of the Suffolk County Clerk on 10/7/74 in liber 7727,p. 122. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting, the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first pare covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first pa~:t, in compliance ~vith Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "patty" shall be construed as if it tead "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the parry of the first part has d.ly executed this deed the day and }ear first above written. IN PRP.~ENCE OF: -- I,) .... iqFAL ESTATE ~s K~NNEDY (~ '- DEC 2 t 1.933 TRANSFER l'tC'~ $ U F FOLK WCB2 ,0 '7' u 9269 99 THlg I.ND~ made the ~ t~h day of ]'c~'.rc ~' , nineteen hundred and ~" f'T7 "c"~q e':.'oed Roe? .-. L- '*~ *'OT~ ]'eV.' ¥c:~'* party of the first part, ~nd ' L-~ ' ,4 '~ .'. .... ' ~ICT SECTION ~LOC~ LOT ' { O,i party of thal~cond ~R, Ir al ~ ~ 2~ ~gl'~ t~t the party of the first pa~, in consideration of Ten Dollars and other valuable consideration paid by the ~y of the se~nd ~rt, does hereby grant and release unto the pa~y o[ the second ~, the heirs or successors and assi~s of the party o~ the second ~rt forever, REAL- ESTATE Nov SUFFOL~ L o-F .o oo O~.Oo THENCE Northerly along the Easterly side of Little Neck Road North 0~ 05' 50" East a distance of 125.00 feet to the point or place of BEGInnING. of Eugene's Road! RUNNING thence South 89° 54' of Ovsianik, a distance of 150.00 now or formerly/of Zeneski! THENCE 125.00 feet THENCE feet to the 10" East along lend nowor formerly feet to the Westerly line of land, South 00" 05' 50" West along said lands a distance of to other land of Zeneski! North 89" 54'.10" West along said land a distance of 150.00 Easterly line of Little Neck Road; TOGETHER with all right, title and interest, if any, of the party of the first part in and to auy streets and roads abutting the above described premises to the center lines thereof; TOGETHER wkh the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO }lOLl) the premises herein grauted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. written. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF~ the party of the first part has duly executed this deed the day and year first above -RFRflRI1Fll .ARTHUR J. FELIGE BEGINNING at a. point on the Easterly side of Little Neck Road, distant 1542.76 feet Southerly from the corner formed by the intersection of the said Easterly side of Little Neck Road, with the Southerly side ALL that certain plot, piece or .parcel of land, situate, lying and being at East Cutchogue, Town of Southold, County of Suffolk, State of New York, being bounded and described as followsl l~w~ NO. · TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL $OUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N-°N? 21253Z Permission is hereby gronted to:, / ~ , ~ ~..?~.~. ~ - ~' _ ,~ .... ~.~,~...~....~..~...~.~...~...../.../.~.~ ...... ........ ~,-~ ......... ~....~..-.~-..Z/ ..... ~ -~.; ............ ~.~ ...... , ................................ ot premi,, ~,ted .t ..Z.~.~.~...~...~ ................................................................ Cou,~ To~ .o~ No. ~000 Se~t,o, ........ .~.~ ...... m~k ...~ ............ Lo~ No ..... ~ ......... ~ee ~..,~.~.. B~g fnspecfor Rev. 6/30/80 FORM NO, 1 TOWN OF SOUTHOLD ' BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 /. TEL.: 76 -,80 . ............ ' )isapproved a/cg . .j-'- . .......... , . .~..~;,~ ~[;~;~;; ....... :.a ~ .... APPLICATION FOR BUILDING PER~ BOARO OF HEALTII ......... 3 SETS OF' pLA~IS .......... SURV£Y ................... CI[ECK~ .................... SEPTIC FOR,'i ............ .~. Date . .1.2./.7.Lg.z .......... 1992.. INSTRUCTIONS ~a. Tiffs application must be completely filled in by Wpewriter orin ink and submitted to the Building Inspector, with 3 ts of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of'lot and of buildings on premises, relationship to adjoining premises or public streets ' ~reas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appii- ~tion. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit all be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in p~rt for any purpose whatever until a Certificate of Occupancy ~all have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the filding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or =gulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. ~¢ applicant agrees to comply with ail applicable laws, ordinances, building code, housing code, and regulations, and to ~mit authorized inspectors on premises and in building for necessary inspections. . So. ~.c.-r t~u ~.~. ~q.~.~.~ ~ ~.. X.~.e...' ............ -- (Signature of applicant, or name, if a '~0rporation) - . ...... ~.4.9.0. ,. s. o. u.'n.O. (e.~ .A.V.e.n. qeS..~.%.~.~.~ ~.d. ,.N,~ .t t9.7] (Mailing ad.dress of applicant) tare whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. B.~.~ ameofownerofpremises Allen W. 0vsianik (ason the tax roll or latest deed) applicant is a Corporation, signature of duly authorized officer. 4 4, .... ~ ........ (Name and title of corporate officer) Builder's License No .......................... Plumber's License No ......................... Electrician's License No ' Other Trade's License No ...................... Location of land on which proposed work will be'done.. SE. Corner,. 80J0 & Eugene Roadt Cutchogue 3 712o .s .............. IIouse Nu ,;t;~r .................. "~"'",-: ' '; ..... ................ k,,~. · .k .t-::,. bY, i-~.~ ........... .... · ~[ree[ Hamlet ' County Tax Map No. I000 Section 97. Block 2 ................................. Lot... !.5 .............. Subdivision ........ : ........................ Filed Map No ............... Lot ............... (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy Auto Repai?. b. Intended use and occupancy Same Nature of work (check which applicable): New, Building .......... Addition .......... Alteration .......... Repair .............. Removal .............. Demolition .............. Other Work C0O0py (Description) Estimated Cost ........ $' '4'000 ....................... Fee ...................................... (to be paid on filing this application) If dwelling, number of dwelling units ... t~a.... ....... Number of dwelling units on each floor· n.a. ............. · If garage, number of cazs ............ na ..................... ' ................................... ~. If business, commercial or mixed occupancy, specify nature and extent of each type of use . .,~¥~..o..R.~p~i .r' ........ Dimensions of existing structures, if any: Front ...42.'..4. 3./.4."... Rear . 42.'. 4.3/.4Y... Depth . .45 ' 3/4" Height . .L~'. ~"..(max.).. Number of Stories ...... .. 00P ............. ................... Dimensions Of, same ~.truc~ture with alter~txions or additions: Front ....no (zame) ...... Rear . 0a (saoe) ........ Depth ... ns. (same'.) .......... H6i~ht .. t~/~. ~ Sase) ....... Number of StoNes. ns. (same.) ..... ' ...... '. Dimensions of entire new construction: Front ............. Rear ............. Depth eight ............... Number of StoNes · ....... ........... ii ...... i ............... Size of lot: Front i..1.2,6..1.~' ............. Rear .. 9.5...4].' .............. Depth W=429,39.'.;. [.=J2J...0.' .... Date of Purchase . ...1982 ...................... Name of Former Owner . [~,~,.~¢~;0]~0 ........ Zone or use district in which premises are situated ........... .Bg.si 0.e.s.s' .Ol.S.tr.i .C.'C ......... Does proposed construction violate any zonin~ law ordinance or regulation- No ................ Will lot be reoraded ' ~,~ ' ................................. · ° ......... :~' ................. Will excess fill be removed from premises: na Yes No Name of Architect dress ~490 $0u~dv,i~ ~vp Phone No73.4-6fi~0 Name of Owner of premises A.l.lan. 14... D~Jsa,q.ik... Ad ................. ....... .ns~ ............. Address ................... Phone No ................ Name of C0ntractor -54:~c.tcctlm ................. Address . ~:ajB. R9~cl... ...... Phone No.. 7.65:.60..60. ..... Is this property within 300 feet of a tidal wetland? *Yes ........ No ......... · If yes, Southold Town Trustees Permit may be required. .... PLOT DIAGRAM Locate clem-ly and distinctly all buildings, whether existing or proposed, and. indicate all. set-back d/mansions from ~erty lines. Give street and block number or description according to deed, and show street names and indicate whether Nor or corner lot. APPROVED AS NOTED' ,. # 765-1802 9 AM TO 4 PM FOR THE FOLLOWING INSPECTIONS: 1. FOUNDATION TWO REQUIRED FOR POURED CONCRETE 2. ROUGH - FRAM!NG & PLUMBING 3. INSULATION 4. FINAL CONSTRUCTION MUST ME COMPLETE FOR C·O. ALL CONSTRUCTION SHALL MEET THE REQUIREMENTS OF THE N.Y. STATE CONSTRUCTION & ENERGY CODES. NOT RESPONSIBLE FOR DESIGN OR CONSTRUCI~ION ERRORS *E OF NE~ YORK, OF ........ s.s IN..~,'.}~.[J }7I~.'L.~I~ .~ ......................... being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) named. (Contractor agent corporate officer etc ) fit ........... J owner or owners, ~d is duly authorized to perfo~ or have perfo~ed the said work and to m~e and fil ' ation; that all statements contained M this application are true to the best of ' -:' * . e th~s ~vfll be perfo~ed in the manner set forth in the application filed therewith, hm knowledge and behef; and that the to before me this ................... day of.~.qO~/ , 1993 ANN NE~OR 1/ /~m ' ~/~ NO. 0~81212~ . / Present: PUBLIC HEARINGS BOARD OF ZONING APPEALS TOWN OF SOUTHOLD Monday, October 18, 1993 (7:30 p.m. Hearings Commenced) HON. GERA/~D P. GOEHRINGER, Chairman SERGE DOYEN, Member JAMES DINIZIO, JR., Member RICHARD C. WILTON, Member HARVEY A. ARNOFF, ESQ., Town Attorney LINDA KOWALSKI, Clerk-Assistant to Board Absent: ROBERT A. VILLA, Member I N D E X PUBLIC HEARING TRANSCRIPTS October 18, 1993 - ZBA Regular Meeting APPL. NO. 4193 4197 4294 4192 Applicant NICK CYPRUS. HARLEY B. ARNOLD RACHEL VOEGELIN . ROGER AND MADELYN STOUTENBURGH 4191 4196 4195 4198 BECKY JOHNSTON. ALLEN OVSIANIK. PETROL STATIONS, LTD. DR. GEORGE KOFINAS. Pages 3-6 7-9 10-12 13-18 19-30 31-41 43-89 42 ZBA Hearings -31- October 18, 1993 APPLICATION NO. 4196 - ALLEN OVSIANIK Application filed in behalf of ALLEN OVSIANIK for Variance under Article XX, Section 100-101C for permission to place canopy-type sign at westerly side wall of existing principal building for advertising and aesthetic purposes. Location of Property: 32930 Main Road and easterly side of Eugene Road, Cutchogue, NY; County Tax Map Parcel ID No. 1000-97-2-15 and 16.5, containing a total combined lot area of 1.85 acres, a portion of which is located in the "B" General Business Zone District, and the remaining portion in the "R-80" Residential Zone District. 8:12 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: I have a copy of the sign as it is proposed, and I have all the documentation on the property which we have been reviewing, and we will discuss with this nice gentleman who is going to give us this presentation, and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Burke, how are you? Appearance: Burke Liburt, for the Applicant. How are you? THE CHAIRMAN: Well, I don't think you are going to be too happy with us tonight, but g9 ahead and give it a shot. ZBA Hearings -32- October 18, 1993 MR. LIBURT: First, something is missing from the application, and we said we would show a sample of this particular kind of construction. As you pointed out, this is an application for canopy-sign. The building permit does exist for the canopy, and we have a negative from the Building Department for graphic or signage. We agree with the ordinance, which is that impermanent material should not be used on signage; and so what we responded to was the nature of the materials that would be used for the signage, to wit, Te~lar-coated material, sample of which I think you may have, vinyl graphics which are also permanent; and I am not sure what else we can say. The picture you have is of a Tedlar and vinyl installation which isn't that old, almost two years old. As you can see, it has withstood I think it is three hurricanes and two winter storms. THE CHAIRMAN: That is this stuff right here. MR. LIBURT: Yeah. Tedlar --the best metaphor I can think of for it-- it is like having vinyl siding, although it looks like a material. There is some confusion about materials which are used. It is not canvas, which would not really be permanent, but this is marvelous material, actually repels dirt. It never needs to be cleaned. Jack Rumpler (phonetic, no spelling supplied record) from SpectRum Awnings, who put up the HAVILS installation is here and can speak to the structural integrity of it, if you have any questions for ZBA Hearings -33- October 18, 1993 him. I guess what I really am here for is to see if there are any questions which I might answer specifically about this. THE CHAIRMAN: Well, I of course am around the entire County on almost a daily basis, and I am aware of every one of these things being constructed; and they certainly look nice. It is up to us to wrestle with the idea of if we are going to deal with this aspect as it pertains to the Code or not. We have some things that I have to discuss with you concerning this piece of property which does not necessarily affect this application which is before us. Okay. And I will talk with you about that later, okay. We will roll with your application before us though at this particular time and see what -- Does anybody have any questions of the gentleman who actually constructs these? It is going on the side wall. MEMBER DINIZIO: It is actually going to be built on the canopy. THE CHAIRMAN: It is the canopy itself, but it is being placed on the sidewall of the building. MR. LIBURT: If you will, it is a functionless canopy. The reason we selected the canopy form was because the wall, which I am sure you are familiar with, is frankly unattractive and dull, commercial kind of wall. That particular corner, it would be nice to enhance that corner, and that is Allen Ovsianak's position; and any kind of traditional sign, whether it be wood-carved or sandblasted or painted, which would ZBA Hearings -34- October 18, 1993 be placed on the wall, wouldn't give depth or, if you will, further definition to the wall. It wouldn't really enhance lt. Now, the picture you are looking at now is a functioning canopy. These are three-foot-six projection. At that point it is actually a weatherguard as well as functions for graphic, business identification. And also the canopy. This canopy really doesn't function that way at all. From the top of course it is zero distance from the wall and now only comes out twelve inches, but will give, if you will, depth or definition, graphic enhancement to the wall with the simple graphic. I think we have the telephone number on there now. I have convinced Mr. Ovsianik that telephone numbers really have no place on signs because nobody remembers them anyway. And so we would remove that and fool around with that. THE CHAIRMAN: I use the phrase "in the real world," and we will use that phrase in general (Tape ends and is turned over) Are these actually lighted in back? MR. LIBURT: No, that is not a backlit canopy. It can be. THE CHAIRMAN: It can be? MR. LIBURT: Yes. THE CHAIRMAN: Is this an imprinting on this canopy, or i~ it actually cut out down to a different portion of the material? ~ ZBA Hearings __35~ October 18, 1993 MR. LIBURT: backlit canopy, Jack? MR. RUMPLER: That is a good question. If it were a For a backlit canopy there is several different ways of doing it. However, that canopy there is actually pressure-sensitive vinyl material, which is affixed to the base of the canopy. There is nothing cut away on that canopy. There is a special material, ah, oh, there is another material that is a backlit material, is a coolly bright (phonetic) material which, when you are saying "cut away," is probably one thing you might be referring to. It is where your color is wiped off and lettering is left white, so that now this lettering is not exactly translucent, but it is not really opaque, either so that if you have high-intensity fluorescent fixtures, only the letters itself will shine through; but that is not the present installation. THE CHAIRMAN: This is very simply just a passive canopy as opposed to an active canopy. MR. LIBURT: In terms of lighting, yes. THE CHAIRMAN: It certainly is not passive in reference to its projection or its needs or its use or whatever the case might be. MR. LIBURT: We think that, you know going back to the point I was trying to make earlier, --Why a canopy? It was to give.--the word "depth" maybe is not a great word here, to give some sense of structure or depth or make it more ZBA Hearings -36- October 18, 1993 attractive. Let's face it: That wall is unattractive. That corner at present is not attractive. And so the discussion we have is: How do we make it more attractive, yes? And if you will let people know that he is conducting his business there. There is presently --which is not part of the application, but just as a footnote-- there is now a green border on the front of the building. That either has been painted out or is about to be painted out, and the front of the building will be white. THE CHAIRMAN: Good. MR. LIBURT: We also suggested to Allen that we, he, paint the T-111 which is ! think is the surface of that wall, a semi-transparent gray or semi-transparent white; and he said that he would do that. It wasn't for the application, but I felt that if you are going to enhance it, you can't have an ugly green stripe and a color on the wall which is indescribably unattractive, so these modest improvements I think would make that corner --this may be a contradiction-- of a little less commercial but at the same time giving him business identification. That was the idea. There will be no lighting obviously behind it. THE CHAIRMAN: The only destruction of any of this material that I had seen in the Riverhead area was on Tirecraft, where they had-- MR. LIBURT: This is not that. The Tirecraft installation I didn't do that. That is a different type of ~ ZBA Hearings -37- October 18, 1993 material. As of currently, there is only one manufacturer that has Tedlar-coated material. There are other manufacturers who have acryllic coated and other types, but Tedlar is by far the best. In trying to explain to someone, really, what is this magic material, because there are some materials that are, if you are one level down, that are as good if you wanted the effect of a canvasy-type texture. 'It does not mean that anything which is not Tedlar isn't acceptable. It is just another effect; but the advantage of this material is that in fact it repels dirt. It is that slick. There was a movie thirty years ago --I am sure we are all too young to remember-- it was called "Man in the White Suit", and he invented a material which was indestructible; it repelled dirt; it was fireproof; of course, they tried to kill him because he was putting everybody out of business. And, actually, this is about as close to it as it is. This will tend --nothing, of course, is perfect. The reason this will tend not to rip in a hurricane or windstorm is that it is intimately flexible and will retain its shape, so that it will stretch and come back. Fibrelike material such as canvas do not have that flex. When they become fatigued and deteriorate from ultraviolet exposure, they will not flex and they will shred. This is about as resistant to ultraviolet exposure and disintegration as possible. THE CHAIRMAN: I thank you. It is a real ed~cation, understanding this. In the more important sense, we have a ~ ZBA Hearings -38- October 18, 1993 problem with the back building that you are attempting to advertise, okay. And that is basically the reason why I am mentioning this to you at this point because we would really like to hold this hearing in abeyance --or the decision on this hearing in abeyance-- until such time that -- you pronounce Allen's name different than I do --I said Ovsianik, it doesn't make any difference. We are talking about the same person. We have before us a C of 0 which was dated July 6, 1988, which indicates an accessory building to the main building as applied for. Subsequent to the granting of this C of O, as you know, we really have two uses on the property at this time. Actually there are three: It is gas for the purposes of automobiles and trucks; automobile repair in the front building; and tire service in the rear building, mufflers and so on and so forth. This CO does not indicate that there is any use in that back building other than for storage, and we know that the building is being used for more than storage; so what we are asking at this particular time is that you indicate that to the applicant, and we will hold this in abeyance until such time that he comes in and attempts to take care of this problem. And then we will go from there and continue the hearing and complete the process and so on and so forth. MR. LIBURT: I think I follow you. I am a little out of my water on this one. Which building are you referring to? ~ ZBA Hearings -39- October 18, 1993 THE CHAIRMAN: the nature of the application before us. CO? MR. LIBURT: THE CHAIRMAN: I am referring to the tire shop that is Okay. So that building doesn't have a It has a CO dated July 6, 1988, okay, and accessory building to main building as applied for, that is for accessory storage; and as you know as well as I do, that it is a tire shop. And I want to be honest with you. I would hate to deny this application based not strictly on the merits of the application but on the fact that we would be advertising something that shouldn't be advertised at this time, until such time that we give this gentleman the advantage of coming in and attempting to legalize that business that is in the back there. MR. LIBURT: I understand. So what he should do or what we should suggest to him to modify the CO or secure a variance? THE CHAIRMAN: Well, he is going to have to go to the Building Department, and we will inform him of what we are dealing with and whatever notice or denials they are going to require at this point will be required, and we will continue this hearing, not concerning your application, but concerning that; and we will hold this one in abeyance until that one is take~ care of; and then we will bring them all together and take care of the whole thing. ~ ZBA Hearings -40- October 18, 1993 building. MR. LIBURT: So we have to address the use of that THE CHAIRMAN: Of the use of that building, yes, because it would be fruitless for us to grant you an advertising sign on a building that concerns this Town, and we are not enforcement officers, but it concerns the use of that building which is an accessory use, which is not really a --it is being used as a primary use-- and that is where our problem is at this point. So it would be paradoxical and redundant to do what you have before us at this MR. LIBURT: THE CHAIRMAN: time. I was unaware. I am sure you are, and that is the reason why I wanted you to continue and have a specialist here, in all fairness to you. MR. LIBURT: Terrific. Well, we'll have to --again, Booty (phonetic, no spelling supplied) should make application or speak to the Building Department? THE CHAIRMAN: Yes, we will apprise the Building Department. He is going to have to make an application to the Building Department, too, as a dual primary use for that building. MR. LIBURT: I will make that suggestion, and say he would take care of that. Once he has taken care of that, -- ZBA Hearings -41- October 18, 1993 THE CHAIRMAN: It may end up back here, okay, and then we may have to draw both of them together, and then complete the process. MR. LIBURT: He has to address that first, okay. THE CHAIRMAN: All right. It is a pleasure meeting you both, and I thank you for coming in. It is nice seeing you again, Burke. THE CHAIRMAN: Is there anybody else who would like to speak in favor of this application? (There was no response.) THE CHAIRMAN: Anybody against the application? (There was no response.) THE CHAIRMAN: Seeing no hands, I will make a motion recessing this hearing without a date. (Seconded and carried; see Clerk's minutes.) APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OFAPPEALS TOVFNOFSOUTHOLD October 4, 1993 SCOTTL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Enclosed with this letter is a copy of the Legal Notice, as published in the Town's official newspaper (Long Island Traveler-Watchman, Inc. located in Southold, NY). The Legal Notice outlines a generalized description of the application based upon the building inspector's determination, the location of the property, the time, date and place of the public hearing. Please have someone appear in your behalf at the time specified in the event there are questions (and to prevent a delay in finalizing your application). Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. If your presentation is lengthy, a draft or final written copy is always appreciated. You may add any documentation to your file that you feel is appropriate to support your request. In the event you wish to amend your application for any reason, you must do so prior to the submission of the advertisement by our office in the official newspaper. An amendment to an application must be based upon an amended Notice of Disapproval from the Building Inspector and include other relief and other sections of the Code to be considered, and additional filing fee (if any). If the original application was advertised, a separate advertisement and hearing will be necessary for the amended documents. Please feel free to call our office if you have any questions or wish to update your file prior to the hearing date. Yours very truly, Linda Kowalski Enclosure Alte~ W. Ovsianik 8490 Soundview Avenue Southold, NY 11971 September 29th, 1993 Zoning Board of Appeals Town of Southold Main Road Southold, N.Y. 11971 Gentlemen: Burke E. Liburt of The Sign Makers, 155 Flanders Road, Riverhead, NY 11901, has my authorization to represent me and serve as my agent specifically for the Zoning Board of Appeals with respect to the sign application filled out and submitted to the Town of Southold. Thank you. Very truly yours, Allen W. Ovsianik APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Telephone (516) 765-1809 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765:1800 BOARD OF APPEALS TOWN OF SOUTHOLD ~EQRA UNLISTED ACTION DE~TION Sept. 29, 1993 Appeal No. 4196 Project Name: Allen Ovsianik/Ovsianik Enterprises, County Tax Map No. 1000- 97-2-15 Location of Project: 32930 Main Road, Cutchogue, NY Ltd. Relief Requested/Jurisdiction Before This Board in this Project: Permission to place canopy-type sign on westerly side wall of existing principal building for advertising and aesthetic purposes 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 effects 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 Lhis 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 Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc of JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OI~FICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: RE: DATE: SOUTHOLD TOWN ZONING BOARD OF APPEALS JUDITH T. TERRY. SOUTHOLD TOWN CLERK ZONING APPEAL NO. 4196. OVSIANIK ENTERPRISES LTD. SEPTEMBER 29. 1993 Transmitted is application for variance submitted by OVSIANIK ENTERPRISES LTD, together with notification to adjacent property owners; short environmental assessment form; Zoning Board of Appeals Questionnaire form; Notice of Disapproval from the Building Department; sketch plan; and product data sheet. Southold Town Clerk ALLEN W. OVSIANIK -~PPEAL - (CONTINUED) 9/27/9~ (Continued) and suitable, permanent framing materials. for this canopy has been approved. A building permit Denial of this application would deprive the applicant of a "color-fast", maintenance-free, visible and attractive business identification signage. We have attached, manufacturer's physical specifications for this material. SEP Zgt99 REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- saw HARDSHIP becaus~ The ordinance states that "...impermanent material...(is)...prohibited..." and we and the owner are. in agreement with the thrust of the ordinance. The material we are using is FasCal 5000, manufactured by the Avery Company. We also use Fascal 7000 which, in certain colors, is even more durable than FasCal 5000. This material (also manufactured by "3-M") is used in a type of graphics known as "Vinyl Graphics". The minimum life is 5 years, but in temperate conditions, 15 years is not unknown. Certainly longer than '~and-painted" graphics. The material is impervious to shrinking, rain, snow, sleet, and all con- ventional cleaners. We use use this material to meet US Government specifications for the United States Coast Guard--specifically for their "Gutter" and "Patrol" Boats. We have used vinyl graphics on various materials for Southold Town (e.g., The Landfill, The Human Resource Center, etc.). We have attached a picture of a simlar installation in Riverhead ("Villella's/Havil's") which is over two years old. vicinity of this property and in this use district because The canopy upon which the graphics would be applied is ma4eAof.Tedl~r and , · t o %znueo on Atta d Pagej The hardship created is UNIQUE and is not shored by all prope~,es a~e .n the immebC~'t~a~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DI$I~:ICT because The "Canopy" and "Graphics" would, if anything, enhance the character of the distric. This application'is -~ we believe -- a clarification of t~e ordinance as it relates to certain kinds of material, notably, vinyl graphics on Tedlar. ) ss ........... '. .. ...... : ....... . COUNTY OF ~j~-,<cll,- ) Signature ................... Sworn to this c~ ~ day o ........ .'::, .... . [9 C~ '~ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR Z_/ TO THE ZONING BOARD OF APPEALS, TO~,¥N OF SOUTHOLD, N. Y. 1, (We) Allen W. Ovsianik of 8490 Soundview Avenue ............ Nome of Appellant Street and Number Southold New York ......................................................................................................................... HEREBY APPEAL TO Municipality Stat. THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ........... ._ ., ....... .......................... WHEREBY THE BUILDING INSPECTOR DENIED TO The Sign Makers a/c Allen Ovsianik Name of Applicant for permit of 32930 Main Road Cutchogue New York: Street and Number Municipality State ( ) PERMIT TO USE { ) PERMIT FOR OCCUPANCY (X) Sign Graphics 1. LOCATION OF THE PROPERTY ~9~M~.~A~'R~Q~°~1~t~ch~g~e~'~N~e~xeZK~i~jj ..... Street /Hamlet / Use District on Zoning Mop District 1000 Section 97 Block 2 Lot 15 ~ ~ ................... uurren~ Owner A1]~en W. Ovsianik Map No. .Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article XX Section 100-101 C 3. 'TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ) A VARIANCE to the Z~ning Ordinance or Zoning Map ( ) A VARIANCE due to lack af access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 (X) Said Graphic is in fact of permanent material -- i.e., Vinyl Graphics 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision Of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit { ) request for a variance ~nd was mode in Appea! No ................................. Doted ............................. , ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (') A Variance to the Zoning Ordinance ( is requested for the reason that l~rm ZB1 (Continue' on other side) FORM TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTItOLD, N.Y. NOTICE OF DISAPPROVAL Date . 't~A? .................. 19c~ ~~..~.., ~, ..... PLEASE TAKE NOTICE tha.t, your application dated . forpermit to ~../D_d~C~._ ~ r~-,~.~-.,~'7 ' ' ......... ~/' '/' '~' ' :': ~'?~- . at a;a,~:. ~ ~.. <.,..~ .... o.~4.~c~-,~ ..... ~" ~' ~amler : c~ r~ ~ ~o. ~oo0 s~tio~ . · ~ ..... mo~ .. ~ ......... ~ot .. ~7 ........ ' Subdivision ................ F~led Map No. ~ ............... Lot N~ ............ ~.~ retmned herewith and disannroved o~. ,n~ c~,, ; -.~7 /~--/w/~ ~/;/ ~= ~ ?'; ~ ......... ....................... .. . ~:'c/.~ ~ ~ · . ~ , ·., .. / -;~-, ......~.. ·/~&~,_.: . ~ / ~., '~- --, ~/~' ~.:~~ ....... ............ · ~ ~ . _ _ ~ ~-~- .~.~.. ~.&.~..~-~ · ~.. ~~ ........... · 1/80 J /ui~/~ng Inspector , ... .. ' ' --"' ~L.T"~ L~~, $£P 2 9 1993 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I~PROJECT INFORMATION ~o be comoleted by Aoolicant or Project soonsor) Allen W. ~szan~k ~ ~"~r~ire" (Si~) 32930 Main Road, Cutchogue, New York ~unded ~ the West by "Eugene's Road" Vinyl Graphics applied to a perm~ent canopy, for which a building permit has been issued. ~ Resi~antlat ~ Industrial ~ Commercial ~ Agriculture ~ Par~Fores~O~en s~ace ~ Ot~e~ '~e c~opy (:proposed) has been gTan~ed a building peT~[~ by ~he T0~ of Sou~ho[ Allen W. ~si~ik If the action is in the Coastal Area, and you are a state agency, complete tile Coastal Assessment Form before procoeding with this assessment OVER 1 'iContinued on reverse side) The N.Y.S. Environmental Quaii~v Revlew Ac~erequires submission · before any action is taken. INSTRUCTIONS~ (a) In order fo answer the questions in this short EAF it is assumed that the prepare.r 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- (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 chan~e to the 9reject site or Physically'alter more than 10 acres of land? ' ' Yes ~ X NO 2. Will there be a major change to any unique or an~ual land form on the site? ~Yes X No 3. Will project alter or have a large effect on a~ existing body of water? __Yes X___~o 4. Will project have a potentially large impact on groundwater quality? _ Yes X No 5. Will project significantly effect drainage flow - on adjacent sites? ~Yes X No 6. Will project affect any threatened or endangered plant Or animal species? Yes X No 7. Will project result in a major adverse effect on~ air quality? · ., Yes . X~o 8. Will project have a major effect on visual char- known to be important to the community? _ Yes XNo 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological ~mportance or any sita designated as a critical envircsmental area by a local agency? .___Yes X No " 10. Will project have a m~jor effect on existing or future recreational opportunities? ..__Yes X___No 11. Will project result in major traffic problems or cause a major effect to existing transportation · ' ' systems? · .___~es X We 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the pro]ect,s operation~ ~Yes X No 13. Will Project have any impact on public health or safety? 14. Will project affect the existing community by .___Yes X No directly causing a growth in permanent popula. ~-[~{ or nelgnborhood? p l}c.co..o + COncern eg the 'roPate;, ' . I II · .t QUESTIONNAIRE · 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 interest in the subject premises and a description of their interests: (Separate sheet may be at~ch~. 0vsianik~nterprises,inc. allen w. bianik B. Is the subject premises l£s=ee on the real estate market ~or sale · or being shown to prospective buyers? { } Yes C. Are ther~ a~o~al~ tD ~nge u~ alter 1~ { } Yes { ~ No D. 1. Are there any areas which contain wetland grasses? No 2. Are the wetland areas shown on the map submitted with this application? na 3. Is the property bulkheaeed between the wetlands area and the upland building area? na 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? na E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? __ha (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fenzas which ew~ ~t and are not shown ~n t-he survey map that you ara submitting? no If none exist, please state "none." · G. Do you have any construction taking place at this time concerning your premises? no 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 _~r any co-owner alsd own other land close to this parcel? n~ If yes, please explain where or submit copies I. Please list present use or operations conducted at this and Authorized Signature an~ Date 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Sou:hold. [Added 6-5q~4 by' L.L. No. 6-1984] WETLA.NDS [Amended 8-26-76 by L.L. Ne. 2-1976; 3-25- 85 by ~. T. N~ ~19~ -,' ''~-',' ~', "~ 2r ~iDAL WET~NDS: (l) All ]ands generally covered or in~rmittently cov- ered wkh. or which border on. tidal wa~. or lands lying beneath tidal water, which at mean low ride are covered by tidal waters ~ a maximum depth of five (5) feet. including but not limited ~ ban~. bogs. salt marsh, swamps, meadows, tis= ar other Iow lying lands subj&ct ~ tidal action; (2) All hanks, bogs. meadows, fla~ and tidal msrsh subject to such tides and upon which gro~vs or may grow some or any of the followin~ salt h~y. black ~s. saltworU, sea lavender. ~11 cord~ass, high' bush. eat~ils, groun~eL m~shmn}tow ~d ~W (3) All ~d immediate~ ~djacent ~ a tidat w~land as defined in Subsection A(2) and lying ~vithin seven- ty-five (75) feet landward of the most landward edge of such a tidal wedand. B. FRESHWATER WETLANDS: (1) 'Freshwater wet ands" as defined in Article 24. tie 1. ~ 2-1-0107, Subdivisions l(a) to l(d) inclusive, ot the Environmental Conservation Law of the S~te of New York; and All land immediateh, adjacent to a "freshwater wet- ha. as defined in Subsection B(1) and lying ~vith- in seventy-five (75) feet lal,dward of the most land- ward ed eof " ' .. g a freshwater wetland. -. 9705 z-:s.ss Ovsianik Enterprises LTD. $/5-o r= i, OO0 ~q HD ¥ / Southold Town Board of Appeals -22- November 2, 1972 any future date unless by special action of the Board of Appeals of the Town of $outhold. Vote Eulse. of the Board: Ayes:- Messrs: Gtllispie, Bergen, Grigonis, PubLIC HEARING: Appeal No. 1686 - 9:15 P.M. (E.S.T.), upon application of Allen W. 0vsianik, Little Neck Road, Cutchogue, New York and Roland W. Bollman, Beebo Drive, Cutchogue, New York, for a special exception in accordance with the Zoning Ordinance, Article VII, Section 700, Subsection B-4, for permission to operate a used car lot. Location of property: southeast corner of Eugene's Road and Main Road, Cutchogue, New York, bounded north by ~in Road (Route 25); east by P. Abatelli; south by M. Filla; west by Eugene's Road. Fee paid $15.00. The Chairman opened the hearing by reading the application for a special exception, legal notice of hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: The application is accompanied by a sketch indicating that the property is located at the southeast corner of Eugene's Road and Main Road. The property has 129.39 feet on Eugenets Road, 136.14 feet on the Main Road, 120 feet on the easterly dimension, and 95.47 feet on the southerly dimension. It is presently being operated as a service station. The applicant proposes to sell used cars. THE CHAIRMAN: this application? Is there anyone present who wishes to speak for FLR. ROLAND W. BOLI~MAN: I would like to put a restriction on the number of cars on that lot. THE CHAIRI~AN: You would be willing to have a restriction on the number of ca~s. THE CHAIRMAN: Does anyone else wish to speak for this application? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? I might state that as nearly as I can figure the area itts about 25,000 square feet..The Ordinance has a bulk requirement under B-1 Business of 30,000 square feet so, in effect, this would be an area variance in addition to your use permitted only by special exception. Southold Town Board of Appeals -23- November 2, 1972 MARY TUTRILL: I have here a copy of Article XIV, Section 4, which states "no motor vehicle sales, used car lots, gas service or repair shops or similar businesses are to be located within 300 feet of a church, hospital, public library, school, orphanage or home, or within 300 feet of any residence district". We are within 300 feet of that district and residences on Eugene's Road are within 300 feet. This is from page 8, Section 2, Article VII. I also believe the Town Board has turned down a similar application. THE CHAIRMAN: This Board has. We have also approved one but that was in a business zoned area. MR. BOLLMAN: This is a gas station per se now. MR. R. TONNE~ER: I think that corner is very dangerous, with the big floodlights. MR. LELAh~B. FRASER: It is a very busy corner. It always se~ms that three cars out of five turn down Eugene's Road, everyone from Indian Neck to Broadwaters Cove, but if you are not extending it past the present lot it would not bother me. Itts very small. THE CHAIRMAN: The bulk requirement is 30,000 square feet so the lot area is under-sized to start with but the thought occurred to me that this is the only Board that can impose conditions. I am not arguing for this. I think the Board should decide against it unless they feel this reasoning Justifies it: it occurs to me that over the years I have noticed a bunch of wrecks in the back of that property. It always seemed to me to be a permanent mess. I only saw one car back there today and that may have belonged to an employee. Ail gas stations seem to accu~Alate wrecks. If this were granted the Board could require a 6 foot stockade fence which would fence off the entire rear of the property. Perhaps it would make it better. MR. SCHMECKPEPER: Regarding the point about wrecked cars that was brought up; about two years ago there were quite a number of wrecks there. It was not taken care of the way we thought it should be, particularly introducing those wrecked cars. THE CHAIRMAN: We had a difficult situation on the North Road. We did not require a stockade fence, we Just required screening. But he did put up a stockade fence and that improved it. MRS. TUTHILL: Opposite that corner we have another gas station. They have put on a nice, new front but the east side and the back side is a sorry sight. A short distance up Coxts Lane we have all sorts of road equipment and farm equipment which is not a pleasant sight. Article VIII, b.,"Dismantled automobiles, parts or supplies shall be located within a building." THE CHAIRMAN: I recall going into a gas station and suggesting that the fellow clean it up. I counted nine vehicles. Re said "I own them all and they all run and the~ sre o~ my prqperty". Some of these things are difficult to clear u~ in a few wor~s. Southold Town Board of Appeals -2h- November 2, 1972 MR. FRASER: Would it be possible for any of that property further down Coxts Lane to be leased - that is zoned against business2 I think it would be extremely difficult. There would have to be a change of zone. MR. ALLEN OVSIANIK: When I came in there were a lot of wrecks back there. I had them taken out. I intend to keep the place clean. I would not need as many as 20 used cars. We are very limited as to space. MRS. ALLEN OVSIANIK: We live in the same area ourselves. MR. FRASER: There is a danger that this could grow to something else. A variance could be requested for further growth of that sort of business. THE CHAIRYAN: This is one of the types of instances where if ,this were granted it would have to be reviewed by the County Planning Commission and they ars against strip commercial zoning. This would, in effect, be the creation of two commercial businesses on one under-sized plot. I don't think we can do it but I thought I would get the reaction for a stockade fence. I am afraid I have to recommend against these two businesses on one under-sized business lot under the present zoning ordinance which states "within 300 feet of a residential district". It constitutes unwarranted proliferation.of strip zoning. THE CHAIRMAN: Does anyone else wish to speak for or against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to operate a used car lot on premises located on the southeast corner of Eugene's Road and Main Road, Cutchogue, New York. The Board finds that according to the Ordinance the~e is a bulk requirement under "B-l" Business of 30,000 square feet and the area of the property under consideration is approxi- mately 25,000 square feet. Also, according to the Ordinance there shall be no used car lots located within 300 feet of any residence district. The Board finds that this would, in effect, be the creation of two businesses on one under-sized plot (service station and used car lot), and would constitute unwarranted proliferation. The Board finds that the public convenience and welfare and Justice will not be served and the legally established or permitted use of neighborhood property and adjoining use districts will be permanently or substantially injured and the spirit of the Ordinance will not be observed. On motion by Mm. Gillispie, seconded by Mr. Bergen, it was Southold Town Board of Appeals -25- November 2, 1972 RESOLVED Allen W. 0vsiantk, Little Neck Road, Cutchogue, New York, and Roland W. Bollman, Beebe Drive, Cutchogue, New York, be DENIED permission to operate a used car lot on premises located on the southeast corner of Eugene's Road and Main Road, Cutchogue, New York, for the reasons stated. Vote of the Board: Ayes:- Messrs: Gilllspie, Bergen, Hulse. Grtgonls, PUBLIC HEARING: Appeal No. 1687 9:30 P. M. (E.S.T.), upon application of Felix Laskowski, Anne Laskowski, Frances Bordinko, 47-52 189th Street, Flashing, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to divide property into two lots with less than required area and frontage. Location of property: west side of Bay Shore Road, Arshomomaque, New York, Lots #101, 102, 103, Map of Peconic Bay Estates, Arshamomaque, New York. Fee paid $15. oo. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicants. THE CHAIRN~A.N: The application is accompanied by a sketch of Van Tuyl dated September 7, 1972 indicating that this_property fronts on Bay Shore Road. It consists of 150 feet by 125 feet. It is proposed to divide it down the middle. This originally was three lots referred to as Lots #101, 102, 103. Is there anyone present who wishes to speak for this application? THOMAS R. COSTELLO, ESQ.: I ask that you give this application your earnest consideration for the reasons stated. Th~E CHAIRMAN: Does anyone else wish to speak for this application? (There was no response.) THE CHAIR~N: Do you have this under contract? MR. COSTELL0: No, there is no contract to sell or build. FAT clients are in one family. Frances Bordinko would like to build on Southold Town Board of Appeals -31- November 18, RESERVED DECISION: Appeal No. 304S. 1982 Regular Meeting Upon application of ALLEN OVSIANIK, Main Road, Cutchogue, NY for a Variance to t~e Zoning Ordinate, ~ VII, Sections 100-~0(B) [4] and 100-71 for permission to construct addition to existing gas/service station with reduction in frontyard area in this B-1 Zoned District. Location of Subject Parcel: Corner of S.R. 25 and Eugene Road, Cutchogue, NY; County Tax Map Parcel No. 1000-097-02-015. The public hearing on this application was held earlier this evening, at which time the hearing was declared closed pending deliberations. The board made the following findings and determination: By this application, appellant seeks permission to construct a 16' by 42' addition (exclusive of 2' concrete apron along west side of addition) for use as a shop area for the existing service station. The setback of the new addition at its nearest point with Eugene's Road is 15 feet (southwest corner). The existing service station building is setback at its northwest corner from Eugene's Road at 19.34 feet as indicated on site plan revised 10/2/82 submitted with this application. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances are unique; that by allowing the variance no substantial detriment to adjoining properties will be created; that the difficulty cannot be obviated by a method feasible to appellant other than a variance; that the relief requested will be in harmony with and promote the general purposes of zoning; and in view of the manner in which the difficulty arose and in consideration of all the above factors, the interest of justice will be served by allowing the variance. On motion by Mr. Sawicki, seconded by Mr. Doyen, it was RESOLVED, that the relief requested in Appeal No. 3048, application by ALLEN OVSIANIK for permission to construct addition with reduced frontyard setback at 15 feet, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the present use (service station functions) be continued for this new addition; 2. That at no time may premises be used for more than one business; 3. That storage of vehicles is limited to the east side and south rear yard areas [and in no event forward of the building into the frontyard); 4. If the rear or side yard areas of premises are used for storage of vehicles, then adequate screening shall be provided as required by the Zoning Board of Appeals for that purpose; 5. That this variance is subject to review by the Suffolk County Plannin~ Commission pursuant to Sections 1323, et seq. of the Suffolk County Charter; 6. That this variance is subject to Southold Town Planning Board approval and requirements, if any. Southold Town Board of Appeals -32- November 18, 1982 Regular Meeting (Appeal No. 3048 - Allen Ovsianik,, continued:) Location of Property: SoR. 25 and Eugene Road, Cutchogue, NY; F' County Tax Map Parcel No. 1000-97-2-15.~ Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent.) This resolution was unanimously adopted. RESERVED DECISION: Appeal No. 3049. Upon application of ALLEN OVSIANIK, Main Road, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article VII, Sections 100-70(B) [4] and 100-71 for permission to construct addition to existing gas/service sta- tion with reduction in frontyard area in this B-1 Zoned District. Location of Subject Parcel: Corner of S.R. 25 and Eugene Road, Cutchogue, NY; County Tax Map Parcel No. 1000-097-02-015. The public hearing was held earlier this evening, at which time the hearing was declared closed, pending deliberations. The board made the following findings and determination: By this application, by 42' addition (exclusive of 2' concrete apron along west side of addition) for use as a shop area for the existing service station. The setback of the new addition at its nearest point with Eugene's Road is 15 feet (southwest corner). The existing service station building is setback at its northwest corner from Eugene's Road at 19.34 feet as indicated on site plan revised 10/2/82 submitted with this application. The premises is question contains an area of approximately 14,500 square feet, with frontage along Eugene's Road of 129 feet and along the Main Road of 136 feet. appellant seeks permission to construct a 16' In considering this appeal, the board determines that the use applied for will not alter the essential character of the neighborhood; that the use will not prevent the orderly and reasonable use of adjacent properties or of property in adjacent use districts; that the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located, or of permitted or legally established uses in the district wherein the proposed use is to be located, or of permitted or legally established uses in adjacent-use districts; that the safety, health, welfare, comfort, convenience and order of the town will not be adversely affected by the proposed use and its location; and that the interests of justice will be served by allow- ing the variance conditionally as noted below. On motion by Mr. Sawicki, seconded by Mr. Doyen, it was RESOLVED, that the relief requested in Appeal No. 3049, application by ALLEN OVSIANIK for permission to construct addition with reduced frontyard setback at 15 feet, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: Southold Town Board of Appeals -33- November 18, 1982 Regular Meeting (Appeal No. 3049, Allen Ovsianik, continued:) 1. That the present use (service station functions) be continued for this new addition; 2. That at no time may premises be used for more than one business; 3. That storage of vehicles is limited to the east side and south rear yard areas [and in no event forward of the building into the frontyard); 4. If the rear or side yard areas of premises are used for storage of vehicles, then adequate screening shall be provided as required by the Zoning Board of Appeals for that purpose; 5. That this variance is subject to review by the Suffolk County Planning Commission pursuant to Sections 1323, et seq. of the Suffolk County Charter; 6. That this variance is subject to Southold Town Planning Board approval and requirements, if any. Location of Property: S.R. 25 and Eugene Road, Cutchogue, NY; County Tax Map Parcel No. 1000-97-2-15. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent.) This resolution was unanimously adopted. RESERVED DECISION: Appeal No. 3051. Upon application for ANNETTE GOLDEN CARNES, 1445 Bay Shore Road, Greenport, NY (by A.W. Wickham, Esq.) for a Variance to the Zoning Ordi- nance, Article III, Section 100-31 for approval of the existing pool and deck containing lot coverage in excess of the maximum-permitted 20%. Location of Subject Parcel: 1445 Bay Shore Road, Greenport, NY; Subdi- vision Lots 22, 23 and part of 21, as shown on "Amended Map A Of Peconic Bay Estates"; County Tax Map Parcel No. 1000-053-04-004. The public hearing concerning this application was held earlier this evening, at which time the hearing was declared closed pending deliberations. The board made the following findings and determination: By this application, appellant seeks approval of the construction of an attached deck and inground swimmingpool as shown on amended map of December 29, 1980 surveyed by R. VanTuyl. For the record, the facts leading up to this appeal are mentioned in a prior decision of this board concerning this construction in Appeal No. 2997, decision rendered July 29, 1982. The parcel in question is 19,780 square feet, and the total area § 100-81t SOUTHOLD CODE § 100-81 (1) Any special exception use as set forth in and regulated by § 100-31B of the Agricultural-Conservation District, except wineries are not required to be in connection with a vineyard. [Amended 8-1-89 by L.L. No. 15-1989] C. [Amended 5-9-89 by L.L. No. 6-1989] Aceessery uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Any accessory use as set forth in and~'egulatod by § 100- 31C(1) through (8) of the Agriehltural-Conservation District, and subject to the conditions set forth in § 100- 33 thereof. (2) signs, subject to the following requirements: (a) Freestanding or ground signs: where the building is set back twenty-five (25) feet or more from the street, one (1) sign, single- or double-faced, not more than eighteen (18) square feet, the lower edge of which shall be not less than four (4) feet above the ground, unless attached to a wall or fence, and the upper edge of which shall not extend more than fifteen (15) feet above the ground, which sign shall be set back not less than fifteen (15) feet from all street and property lines and shall advertise only the business conducted on the premises. As used in this subsection, the word "premises" shall mean all contiguous property in common ownership. Wall signs: one (1) sign attached to or incorporated in each building wall on a public street and advertising only the business conducted in such building, provided that such sign does not: [1] Exceed one (1) ~quare foot in total area for each horizontal foot of such wall. [2] Exceed in w~dth one hundred percent (100%) of the horizontal measurement of such wall. § 100-81 f3] [4] zoNING § 100-91 Exceed .three (3) feet in height. Project more titan one (1) foot from such wall. § 100-82. Bulk, area and parking regulations. Except as otherwise provided herein, no buildings or premises shall be used and no building or part thereof shall be erected or altered in the LB District unles~ the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated int~ this chapter by (e) The self-service pump island shall be protected by an automatic fire-protection system in the form of an approved system of dry powder release which will act as an automatic fire extinguisher. (fl No customer shall be permitted to dispense gasoline unless he shall possess a valid motor vehicle operator's license. (g) There shall be no latch-open device on any self- service dispensing nozzle. (14) Private transportation' service, including garage and maintenance facilities. (15) One-family detached dwellings, not to exceed one (1) dwelling on each lot. [Added 7-13-1993 by L.L. No. 11-1993] C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Accessory uses set forth in and as regulated by § 100-31C(1) through (8) of the Agricultural- Conservation District, subject to the conditions set forth in § 100-33 thereof. (2) Wall signs as set forth and regulated in § 100-81C(2)(b) of the Limited Business District. (3) Freestanding or ground signs. Where the building is set back twenty-five (25) feet or more from the street, one (1) sign, single- or double-faced, not more than twenty-four (24) square feet, the lower edge of which shall be not less than four (4) feet above the ground, unless attached to a wall or f~nce and the upper edge of which shall not extend more than fifteen (15) feet above the ground shall be permitted, which sign shall be set back not less than fifteen 10084 s-2s-gs § 100-101 ZONING § 100-101 (4) (15) feet from all street and property lines and shall advertise only the business conducted on the premises. As used in this subsection, the word "premises" shall mean all contiguous property in common ownership. Open storage of materials or equipment, provided that such storage shall be at least twenty-five (25) feet from any lot line, not be more than six (6) feet high and be suitably screened by a solid fence or other suitable means of at least six (6) feet in height~ TOWN OF SOUTHOLD, NE~¢ YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) .Allen W. Ovslanik of 8490 Soundview Avenue ......... Name of Appellant Street and Number Southold ..... .N..e..~....Y.o.[.k. ........ HEREBY APPEAL TO Municipality 5tote THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....... ;;;~--.L-..i~._.. .......................... WHEREBY THE BUILDING INSPECTOR DENIED TO The Sign Hakers a/c Allen Ovsianik Nome of Applicant for permit of S29]0 Hain Road Cutchogue New York Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOP, OCCUPANCY '(×) Sign Graphics 1. LOCATION Of THE PROPERTY ]~?~9.~..M~`t`~R.A~..d.°~.`Cg.;c.~c~`h.~Au~..e~N"e~..Y..°~.r.`.k~.]i~.~J~4 Street /Hamlet / District 1000 Section g7 Block 2 Lot 15 n ..... ~ ......................................................... u~,:.~ Owner Mop No. 'Lot No. Prior Owner Use District on Zoning Mop Allen W. Ovsianik 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article YO( Section 100-101 C 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ) A VARIANCE to the Z~ning Orc~ir~nce or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 (X) Said Graphic is in £act o~ permanent materlal -- i.e., Vinyl Graphics 4. pREVIOUS APPEAl_ A previous appeal (has) (has not) been made with respect to this decision Of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ~ ) request for o variance ~d was mode in Appea! No ................................. Dated ............................. , ........................................ REASON FOR APPEAL ( ) A Variance to Section 2BOA Subsection 3 ) A Variance to the Zoning Ordinance ¢ )' is requested for the reason that F~rm (Continue~ on other side) REASON FOR APPEAL Conlinued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sar;, HARDSHIP becaus~ -. The ordinance states that "...impermanent material...(is)...prohibited..." and we and the owner are, in agreement with the thrust of the ordinance. The material we are using is FasCal 5000, manufactured by the Avery Company. We also use Fascal 7000 which, in certain colors, is even more durable than FasCal 5000. Tb~s mmterial (also manufactured by "5-M") is used in a type of graphics known as "Vinyl Graphics". The minimum life is 5 years, but in temperate conditions, 15 years is not unknown. Certainly longer than "hand-painted" graphics. The material is impervious to shrinking, rain, snow, sleet, and all con- ventional cleaners. We use use this material to meet US Government specifications for the United States Coast Guard--specifically for their "Cutter" and "Patrol" Boats. We have used vinyl graphics on various materials for Southold Town (e.g., The Landfill, The Human Resource Center, etc.). We have attached a picture of a simlar installation in Riverhead ("Villella's/Havil's") which is over two years old. The canopy upon which the graphics would be applied 35 ma4e_of.Tedl~r.a~d , · t~o ~nue~ on Atta ~ ~age~ 2. The hardship created is UNIQUE and is not shared by all propeff,es a~e ,n the imme~Cl?OW vicinity of this proper~ and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DIS~KICT because The "Canopy" and "Graphics" would, if anything, enhance the characte~ of the distric. This application'is -~ we believe -- a clarification of tee ordinance as it relates to certain kinds of material, notably, vinyl graphics on Tedlar. STATE OF NEW YORK ) COUNTY OF .~-~IL ) ss ....... ii",'; ......... 7:": ........... : ............................. gure - Sworn to this .............................................. day o~ . m .: ~ 19 ~ 03 Commi~im E~ireS Sept. ALLEN ¥~. OVSIANIK-, ~ .~PPEAL - (CON'FINUED) 9/27/9~ (Continued) and suitable, permanent framing materials. for this canopy has been approved. A building permit Denial of this application would deprive the applicant of a "color-fast", maintenance-free, visible and attractive business identification signage. We have attached, manufacturer's physical specifications for this material. t ¢~-27-199~ 14:~ 218 878 ~922 K~PCQ P,~ FASSON ~T ~Ofl=S~VE ~OOUCrS FASCAL® $000 SERIEE TRANSLUCENTS FaeCal® 5000 series is a translucent flexible vine'[ film which is speCially suited for use in applications involving ~acklit signage. Metedal maintains consistent c~31or under both transmitted lind reflected lighting condition& It adheres to Ii w~de venery of subs~etes, including glass, Lexane, Plexlglas®, Tedler~, and many flexible sign fa~e and ~.wning materials, specific application must 13a determined I~y the end user pnor to use. DESCRIPTION: Film: Adhesive: Rele,~se Liner: 2.5±.2 mile ~'iinsluoant vinyl film Perm&not, t, eoryll~, pressure-sensitive BO# 8uDerTutt® ADHi~IION: (Reference Substrata ~ Stainless Steel) I min. dwell STP 15 min, dwel! STP 24 hrs, dc, el~ STP TYPICAL VALUES: (oz./in. of wicltt3) 35 PHYSICAL AND CHEMICAl. ~HARACTERISTICS PrerniisKable: Die Cutting Dimensional Stability: Aged 48 hrs. et 150~F Application Surfaces: Five years' (ye[lice0 ~-40'F (minimum) -50'F to 2O0'F One yeiir when stored et temperature of 7~-*; Resistent to most petroleum.based oils, greeses, finn slip, eric solvems.- Resis~nt to mild Iicids, el~les, and salts. Yes (thermal an,'~ steel rule) <_.1t64" (both on liner end applied to aluminum) FISt ~nd contoured surfacto, (Formed in one dimension only.) 'Life may be rsaucect if exposed in hor{zontal or extreme climate conditions. IMPORTANT: Information on physical end ohemioiil ~heracterletloe Ii baaed upon teltl wi believe to be reliable, The valuta are intended only eee ~4~uroa of Information and &fo given without guarantee and do not constitute I werranty. PU~hl.~ lhould Inde~ndently dl.rmlne, prior to u~, the eultiblilW of thll material ~r their aMOIfl= pu ~o.. FIICII~ is ii trademiirk of Avery Original issue 3/87, Transpor~aton & Architectural Graphics 250 Chester Street I Palnesville, Ohio 44077 1 Phone (216) 352.4444 IMAGE MAKER PLUS IM-IO00 SERIES IMAGE MAKER PLUS la e series of opaque, flexible cast vinyl films designed speoifically for use on electronic cutting equip- ment. This construction provides excellent curability, weedability, transferability, and conformablllty, end la available in a wide variety of standard colors, Description: Face Film: Adhesive: Release Liner: Colors: 30 Stock Colors 2.0 mil cast flexible vinyl film 1,5 mil permanent, acrylic, pressure-sensitive 4,5 mil 84# bleached kraft paper (release co:',ted) Adhesion: Adhesion determined by pee~ing · 1 "x El" sampra at a 180' angle from a test panel alter aging at 73°F/50% R.H, using an Instrcn= tensile tester et a speed of 12 Inche~/minute, Typical Adhesion Values · Lbs/Inch: 1110° Peel' Data provided in this table is typicaJ for the product series, but should not be used for specification purposes, 15 Min. 24 Hrs. Subatratea: Applied Applied Stainless SteeJ 3,4 3,9 Chrome 3,5 Glass 4.4 4,4 Anodized Aluminum 3.4 4.5 Auto Enamel 35 4,0 FPP 3,9 3,9 Physical and Chamlaal Charactarlatloe' Outdoor Durabi!~ty: Application Temperature: Application Surface;;: Service Temperatura Refuge. Storage Stability: Water Resistance: Chemical Resistance: Solvent Resistance: Tensile at Yield: Tensile at Break,, Elongation: Dimensional Stability: Premeskable; Rerease (liner): Five years when properly convertecl aha apptied +40°F minimum - material and substrata Flat end irregular surfaces -50°F to +200*F Two years when store(J at .73'F and 50% R.H, Impervious to water Reel;stent to most mild abide, alkali and aaJt solutiOnS When properly applied and edge sealed, material is resistant tO most petroleum based oils, greases, allp~atic solvents, such as kerosene, JP-4 fuel, heptane and reference teat fuel 5-12# ;00 minimum (solids) 50% minimum (me~allics) Exoellent, Daterrnineq by measuring skrin~age bi' film applied lo E"x 8" aluminum test panel after 72 hours aging at 73"F/50% R.H, followed by 48 hours at 150'F. Yes 100-200 gms, 'Important; Information on physical and chemical characteristics is based upon tests we believe to be reliable, The values are intended only as a source of information and ars given without guarantee anti do not Constitute a warranty, Purchasers shoul~ In- dependently determine, prior to u~e, the suitability of this material for their specific purpose, For further information regarding this product and its use contact the TransportatiOn & ArohitecturaJ Graphics Technical Marketing Department, Issued 6/88 Speolelty Division 250 Cheater Street Paina:~vilte, OH 44077 Phone 218 352.4444 IrA$SON At]can W. Ovsianik 8490 Soundview Avenue Southold, NY 11971 September 291h, 1993 Zoning Board of Appeals Town of Southotd Main Road Southotd, N.Y. 11971 Gentlemen: Burke E. Liburt of The Sign Makers, 155 Flanders Road, Riverhead, NY 11901, has my authorization to represent me and serve as my agent specifically for the Zoning Board of Appeals with respect to the sign application filled out and submitted to the Town of Southold. Thank you. Very truly yours, Allen W. Ovsianik ~ NO. ~ TO~'N OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. BUILDING PERMIT {THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N_ O. 2125]Z County Tax Map No. 1000 Section ........ . .~.....?. ...... Block .....~... ............ Lot No ..... ..~ ......... pursuant to application doted ..~.'..~.~=.~./.~....~.?..~ ....................... , 19 ........ , and approved by the Building Inspector. /~g Inspecfor Rev. 6/30/80 p,_so ~i / / ../ ':~'- 7:' R 8O COUNTY OF SUFFOLK To~_.~OUTHOLO Property Tax Service AgencyJ OWNER ~O~! 01: SOUTHOLO ~T"~oP;r~TY R~CORD ~ARD STREET3 2_.C-/.~) VILLAGE DISTRICT SUB. LOT FORMER OWNER RES. V,.~.~ SEAS. VL. FARM LAND' IMP. TOTAL DATE /2o ~ AGE NEW Farm Tillable Tillable 2 Tillable 3 Woodland Swampland ' Brushland House Total BUILDING CONDITION NORMAL Acre BELOW Value Per Acre ~(/ )~,.ro..' ACREAGE TYPE OF BUILDING .'CO--M;,;,q ) I',ND. lC,. I M,SC. .. Value ABOVE ~ ~ ~ = I~d) ~t. Walls Interior Finish Extension Fire Place ~ Hea~ " Porch Attic Porch Rooms ]st Floor Breezeway Patio Rooms 2nd Floor Garage Driveway 7_27o /'?~'?. '~'~-3-/~,.~..TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET ~ ~.~ VILLAGE DIST. ' SUB. LOT FORMER OWNER N 'E ACR. I / S ' W TYPE OF BUILDING RES. ~.~// SEAS. VL. ~ FARM CO 'M~. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS Ftr~'~,l~,'.,^~v.~'/ ~ j ) t~' ..-, _- · Z, 77Z7 ~ri abe , FRONTAGE ON N~Io~ FRONTAGE ON ROAD ~ Plot BULKH~D Southold Town Board of Appeals -22- November 2, 1972 any future date unless by special action of the Board of Appeals of the Town of $outhold. Vote Hulse. of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, PubLIC HEARING: Appeal No. 1686 - 9:15 P.M. (E.S.T.), upon application of Allen W. 0vsianik, Little Neck Road, Cutchogue, New York and Roland W. Bollman, Beebo Drive, Cutchogue, New York, for a special exception in accordance with the Zoning Ordinance, Article VII, Section 700, Subsection B-4, for permission to operate a used car lot. Location of property: southeast corner of Eugene's Road and Main Road, Cutchogue, New York, bounded north by ~in Road (Route 25); east by P. Abatelli; south by M. Fills; west by Eugene's Road. Fee paid $15.00. The Chairman opened the hearing by reading the application for a special exception, legal notice of hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIPJ~AN: The application is accompanied by a sketch indicating that the property is located at the southeast corner of Eugenels Road and Main Road. The property has 129.39 feet on Eugene's Road, 136.14 feet on the Main Road, 120 feet on the easterly dimension, and 95.47 feet on the southerly dimension. It is presently being operated as a service station. The appllcaut proposes to sell used cars. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? M~. ROLAND W. BOLI/~AN: I would like to put a restriction on the number of ears on that lot. TH~ CHAIRM~N: You would be willing to have a restrict ion on the n~mber of ca~s. THE CHAIRZ. L~N: Does anyone else wish to speak for this application? (There was no response.) THE CHAIRF~N: Is there anyone present who wishes to speak against this application? I might state that as nearly as I can figure the area it's about 25,000 square feet..The Ordinance has a bulk requirement under B-1 Business of 30,000 square feet so, in effect, this would be an area variance in addition to your use permitted only by special exception. Southold Town Board of Appeals -23- November 2, 1972 MARY TUTHILL: I have here a copy of Article XIV, Section 4, which states "no motor vehicle sales, used car lots, gas service or repair shops or similar businesses are to be located within 300 feet of a church, hospital, public library, school, orphanage or home, or within 300 feet of any residence district". We are within 300 feet of that district and residences on Eugene's Road are within 300 feet. This is from page 8, Section 2, Article VII. I also believe the Town Board has turned down a similar application. THE CHAIRMAN: This Board has. We have also approved one but that was in a business zoned area. MR. BOLLMAN: This is a gas station per se now. MR. R. TONNEFER: I think that corner is very dangerous, with the big floodlights. MR. LELAhD B. FP~SER: It is a very busy corner. It always se~ms that three cars out of five turn down Eugenets Road, everyone from Indian Neck to Broadwaters Cove, but if you are not extending it past the present lot it would not bother me. It's very small. THE CHAIRMAN: The bulk requirement is 30,000 square feet so the lot area is under-sized to start with but the thought occurred to me that this is the only Board that can impose conditions. I am not arguing for this. I think the Board should decide against it unless they feel this reasoning Justifies it: it occurs to me that over the years I have noticed a bunch of wrecks in the back of that property. It always seemed to me to be a permanent mess. I only saw one car back there today and that may have belonged to an employee. Ail gas stations seem to accu~Alate wrecks. If this were granted the Board could require a 6 foot stockade fence which would fence off the entire rear of the property. Perhaps it would make it better. MR. SCHMECE~PER: Regarding the point about wrecked cars that was brought up; about two years ago there were quite a number of wrecks there. It was not taken care of the way we thought it should be, particularly introducing those wrecked cars. THE CHAIRMAN: We had a difficult situation on the North Road. We did not require a stockade fence, we Just required screening. But he did put up a stockade fence and that improved it. MRS. TUTHILD: Opposite that corner we have another gas station. They have put on a nice, new front but the east side and the back side is a sorry sight. A short distance up Coxts Lane we have all sorts of road equipment and farm equipment which is not a pleasant sight. Article VIII, b.,"Dismantled automobiles, parts or supplies shall be located within a building." THE CHAIRMAN: I recall going into a gas station and suggesting that the fellow clean it up. I counted nine vehicles. He said "I own them all and the~ all run and they are on my prooertv" Some of these things are difficult to clear u~ in a few word~. - ' Southold Town Board of Appeals -2h- November 2, 1972 MR. FRASER: Would it be possible for any of that property further down Coxls Lane to be leased - that is zoned against business2 I think it would be extremely difficult. There would have to be a change of zone. MR. ALLEN OVgIANIK: When I came in there were a lot of wrecks back there. I had them taken out. I intend to keep the place clean. I would not need as many as 20 used cars. We are very limited as to space. MRS. ALLEN OVSIANIK: We live in the same area ourselves. MR. FRASER: There is a danger that this could grow to something else. A variance could be requested for further growth of that sort of business. THE CHAIR¥~N: This is one of the types of instances where if ,this were granted it would have to be reviewed by the County Planning Commission and they are against strip commercial zoning. This would, in effect, be the creation of two commercial businesses on one under-sized plot. I don't think we can do it but I thought I would get the reaction for a stockade fence. I am afraid I have to recommend against these two businesses on one under-sized business lot under the present zoning ordinance which states "within 300 feet of a residential district". It constitutes unwarranted proliferation,of strip zoning. THE CHAIRM~N: Does anyone else wish to speak for or against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to operate a used car lot on premises located on the southeast corner of Eugene's Road and Main Road, Cutchogue, New York. The Board finds that according to the Ordinance the~e is a bulk requirement under "B-l" Business of 30,000 square feet and the area of the property under consideration is approxi- mately 25,000 square feet. Also, according to the Ordinance there shall be no used car lots located within 300 feet of any residence district. The Board finds that this would, in effect, be the creation of two businesses on one under-sized plot (service station and used car lot), and would constitute unwarranted proliferation. The Board finds that the public convenience and welfare and Justice will not be served and the legally established or permitted use of neighborhood property and adjoining use districts will be permanently or substantially injured and the spirit of the Ordinance will not be observed. On motion by M~r. Gillispie, seconded by Mr. Bergen, it was Southold Town Board of Appeals -25- November 2, 1972 RESOLVED Allen W. 0vstanik, Little Neck Road, Cutchogue, New York, and Roland W. Bollmau, Beebo Drive, Cutchogue, New York, be DENIED permission to operate a used car lot on premises located on the southeast corner of Eugenets Road and Main Road, Cutchogue, New York, for the reasons stated. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, guise. ~u~LIC HEARING: Appeal Nc. 1687 - 9:30 P. M. (E.S.T.), upon application of Felix Laskowski, Anne Laskowskl, Frances Bordinko, 47-52 189th Street, Flushing, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to divide property into two lots with less than required area and frontage. Location of property: west side of Bay Shore Road, Arshomomaque, New York, Lots #101, 102, 103, Map of Peconi¢ Bay Estates, Arshamomaque, New York. Fee paid $15.oo. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicants. THE CHAIRM~..N: The application is accompanied by a sketch of Van Tuyl dated September 7, 1972 indicating that this .property fronts on Bay Shore Road. It consists of 150 feet by 125 feet. It is proposed to divide it down the middle. This originally was three lots referred to as Lots #101, 102, 103. Is there anyone present who wishes to speak for this application? THOMAS R. COSTELL0, ESQ.: I ask that you give this application yodr earnest consideration for the reasons stated. THE CHAIR~L~N: Does anyone else wish to speak for this application? (There was no response.) THE CHAIR~N: Do you have this under contract? MR. C OSTELLO: No, there is no contract to sell or build. FAT clients are in one family. Frances Bordinko would like to build on Southold Town Board of Appeals -31- RESERVED DECISION: Appeal No. 304E. November 18, 1982 Regular Meeting Upon application of ALLEN OVSIANIK, Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article VII, Sections 100-70(B) [4] and 100-71 for permission to construct addition to existing gas/service station with reduction in frontyard area in this B-1 Zoned District. Location of Subject Parcel: Corner of S.R. 25 and Eugene Road, Cutchogue, NY; County Tax Map Parcel No. 1000-097-02-015. The public hearing on this application was held earlier this evening, at which time the hearing was declared closed pending deliberations. The board made the following findings and determination: By this application, appellant seeks permission to construct a 16' by 42' addition (exclusive of 2' concrete apron along west side of addition) for use as a shop area for the existing service station. The Setback of the new addition at its nearest point with Eugene's Road is 15 feet (southwest corner). The existing service station building is setback at its northwest corner from Eugene's Road at 19.34 feet as indicated on site plan revised 10/2/82 submitted with this application. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances are unique; that by allowing the variance no substantial detriment to adjoining properties will be created; that the difficulty cannot be obviated by a method feasible to appellant other than a variance; that the relief requested will be in harmony with and promote the general purposes of zoning; and in view of the manner in which the difficulty arose and in consideration of all the above factors, the interest of justice will be served by allowing the variance. On motion by Mr. Sawicki, seconded by Mr. Doyen, it was RESOLVED, that the relief requested in Appeal No. 3048, application by ALLEN OVSIANIK for permission to construct addition with reduced frontyard setback at 15 feet, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the present use (service station functions) be continued for this new addition; 2. That at no time may premises be used for more than one business; 3. That storage of vehicles is limited to the east side and south rear yard areas [and in no event forward of the building into the frontyard); 4. If the rear or side yard areas of premises are used for storage of vehicles, then adequate screening shall be provided as required by the Zoning Board of Appeals for that purpose; 5. That this variance is subject to review by the Suffolk County Planning Commission pursuant to Sections 1323, et seq. of the Suffolk County Charter; 6. That this variance is subject to Southold Town Planning Board approval and requirements, if any. Southold Town Board of Appeals -32- November 18, 1982 Regular Meeting (Appeal No. 3048 - Allen Ovsianik,, continued:) Location of Property: S.R. 25 and Eugene Road, Cutchogue, NY; County Tax Map Parcel No. 1000-97-2-15. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent.) This resolution was unanimously adopted. RESERVED DECISION: Appeal No. 3049. Upon application of ~LLLEN OVSIANIK, Main Road, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article VII, Sections 100-70(B) [4] and 100-71 for permission to construct addition to existing gas/service sta- tion with reduction in frontyard area in this B'i Zoned District. Location of Subject Parcel: Corner of S.R. 25 and Eugene Road, Cutchogue, NY; County Tax Map Parcel NO. 1000-097-02-015. The public hearing was held earlier this evening, at which time the hearing was'declared closed, pending deliberations. The board made the following findings and determination: By this by 42' addition (exclusive of 2' concrete apron along west side of addition) for use as a shop area for the existing service station. The setback of the new addition at its nearest point with Eugene's Road is 15 feet (southwest corner). The existing service station building is setback at its northwest corner from Eugene's Road at 19.34 feet as indicated on site plan revised 10/2/82 submitted with this application. The premises is question contains an area of approximately 14,500 square feet, with frontage along Eugene's Road of 129 feet and along the Main Road of 136 feet. application, appellant seeks permission to construct a 16' In considering this appeal, the board determines that the use applied for will not alter the essential character of the neighborhood; that the use will not prevent the orderly and reasonable use of adjacent properties or of property in adjacent use districts; that the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located, or of permitted or legally established uses in the district wherein the proposed use is to be located, or of permitted or legally established uses in adjacent-use :districts; that the safety, health, welfare, comfort, convenience and order of the town will not be adversely affected by the proposed use and its location; and that the interests of justice will be served by allow- ing the variance conditionally as noted below. On motion by Mr. Sawicki, seconded by Mr. Doyen, it was RESOLVED, that the relief requested in Appeal No. 3049, application by ALLEN OVSIANIK for permission to construct addition with reduced frontyard setback at 15 feet, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: Southold Town Board of Appeals -33- November 18, 1982 Regular ~eeting (Appeal No. 3049, Allen Ovsianik, continued:) 1. That the present use (service station functions) be continued for this new addition; 2. That at no time may premises be used for more than one business; 3. That storage of vehicles is limited to the east side and south rear yard areas [and in no event forward of the building into the frontyard); 4. If the rear or side yard areas of premises are used for storage of vehicles, then adequate screening shall be provided as required by the Zoning Board of Appeals ~f0r that purpose; 5. That this variance is subject to review by the Suffolk County Planning Commission pursuant to Sections 1323, et seq. of the Suffolk County Charter; 6. That this variance is subject to Southold Town Planning Board approval and requirements, if any. Location of Property: S.R. 25 and Eugene Road, Cutchogue, NY; County Tax Map Parcel No. 1000-97-2-15. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent.) This resolution was unanimously adopted. RESERVED DECISION: Appeal No. 3051. pplication for ANNETTE GOLDEN CARNES, 1445 Bay Shore Greenport, A.W. Wickham, Esq.) for a Variance to the Zon~ nance, Article Section 100-31 for approval of the exist )ool and deck containing in excess of the maximum-pe~ 20%. Location of Subject : 1445 Bay Shore Road, Gre~ NY; Subdi- vision Lots 22, 23 and ,f 21, as shown on ,,Am~ Map A of Peconic Bay Estates"; County Tax ~rcel No. 1000-0~ 04. The public hearing concerning this evening, at which time the hear deliberations. ion was held earlier declared closed pending The board made the followin~ ~s and nation: By this ape appellant seeks approval the construction of an attached deck an~ 'round swimmingpool as shown on nended map of December 29, 198( yed by R. VanTuyl. For the rec ~the facts leading up to appeal are mentioned in a prior decision~k~ this Julyboard29,/~82.conce this construction in Appeal No. 2997, decisio~endered /The parcel in question is 19,780 square feet, and the total are~ FO~.M NO. ~ TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) No. 16740 z Permission is hereby granted to: . ~ .~.~...~//~/~r~ ot premises located ot ....................................................... ~· .................................................................... · ............ ~..~...~....,~.,~./¢~....~./..~...~ County Tax Map No. 1000 Section .... ~..~ ....... Bl=k ..... ~ ......... Lot No....L.~ .... ~n, ,o ~,,:~,,on ~,~ .~ .......... ~..C ........ , ,~ ~.~ ~o~ ~ ,~. Building Inspector. Rev. 6/30/80 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hail Southold, N.Y. Certificate Of Occupancy No...Z.':.17.0.5.3. ....... Date .J...u.l.y. 6, 1988 THIS CERTIFIES that the building A C C g S S 0 RY 32930 Main Rd. & Location of Property 15 Eugenes Road Eutchogue, h3~ 3id .......................'s't/ebi ....................... County Tax Map No. 1000 Section ....9.7 ....... Block ... 2. ........... Lot ... ! .5 ............ Subdivision ............................... Filed Map No ......... Lot No .............. conforms substantially to the Application for Building Pemfit heretofore filed in this office dated January 29, 1988 16740 Z ..................... pursuant to which Building Permit No ...................... dated.....February ......... 1 .....I, 1988 .......... was issued, and conforms to all of the requirements of tile applicable provisions of the law. The occupancy for winch this certificate is issued is ......... ACCESSORY BUILDING TO MAIN BUILDING AS APPLIED FOR The certificate is issued to ...... ALLEN W. OVS IANIK ............... /o'~;~;, ~ Y~tb~3~ x .................... of the aforesaid building. Suffolk County Department of Health Approval N/A UNDERWRITERS CERTIFICATE NO. PENDING - June 23, 1988 PLUMBERS CERTIFICATION DATED: N/A ...... Building Inspector Rev. 1/81 (1st) FOUNDATIO,U ROUGH FRAME & PLUMBING INSULATION PER N. STATE ENERGY CODE FINAL COMMENTS: · '' ~- ' FORM NO. 1 ToWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL e,,OUTHOLD, N.Y. 11971 TEL.: 765-1802 ., permit JAN' ' ~ Received ........... ,19.. · Disapproved a/c ..................................... ............................... (BuildLng Inspector) APPLICATION FOR BUILDING PERMIT Date ................... 19... INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 - sets of plans, accurate plot plan to scale. Fee 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 must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. "d. Upon approval of this application, the Building Inspector will issued 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 Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. . : ................ a corporation) (Signature of applicant, or name, if State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electr, cxan, plumoer or ommer. . ~ L//L~", ,..,- .W. gA,'~-,-,~ *r . . .................................... Name oI owner ox premises .. g t'r ................... · · (as on the tax roll or latest deed) If applicant is a corporation, signature of,duly authorized officer. (Name and title of corporate officer) ~ Builder's License No... r ............. Plumber's License No .............. ' ........... Electrician's License No ....................... Other Trade's License No ...................... · I~ £o~-'*'- ~ .................. Location of land on which proposed work will be done. · .......... ~mber Street Hamlet County Tax Map No. 1000 Section /.~.~.O. 7.~7 :~.'</.~"'- · · Block .. Lot ................. }7 $ubdiv sion ..................................... Filed Map No ............... Lot .............. ~.1,,,, ,xi,ting use and occupanc raises and intended use and occupancy of proposed const.ction:. ' ' · · ~ ~ ~ t< ~ ., . ~ ............ .e 3.. Nature of work (check which applicable): New Building .......... Addition .......... Alteration .......... Repair ¥~Q4.9.~. "~'~'' ' Removal .............. Demolition · ~.~ ........ '.. Other Work ............ 4. Estimated Cost .V~.~oOo ~ ~ ~ (Descr~pt'io~) ................................... Fee ......... (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ....... If garage, number of cars ...... 6. If business, commercial or mixed occupancy, specify nature and extent of eec e of use h typ ................. 7. Dimensions of existing structures, if any: Front ........ ....... Rear .............. l~el~th, i i Height ...... Number of Stories .......... ' ........... Dimensions of same structure with alterations or additions: Front ................. Rear .................. Depth He ~u, Dim ' ' ~' ................ ,~L~ ..... ?' · ;. ............. Number o,f Stories ......... ~ 8. ens~ons oI entire new construction- Front ~ O Rear -/c~ m~,,,u .... / ........ Height /ti.t' .......... Number of'Stories'' '~ .......................... *' ...... ~ .. 9. Sizeoflot Front ~'~ ............................................ 10. 'Date of Purchase ' ' ~ ................................ , .......... Depth ........ i ............................. Name of Former Owner ............................. 11. Zone or use district in which premises are situated...~ ~ ................... 12. Does proposed construction violate any zoning law, ordinance or regulation: ............................. Will lot be regraded /~ W .... ' .......................... 13. ' ................. , .......... m excess fill Oe removed from oremises 14. Name of Owner of premises ~/l.~?..~..~.~.~.'.~.t'?.... Address ,~';~'~/~c ,,,' ,, L _ Yes No Name of Architect Add ................... rnone mo./3.~': .~.~./?. ..... Name of Contractor ................... ress ................... Phone No ....... .................... Address ......................... Phone No .............. 15. Is this property located withinli00 feet of a tidal wetland? * Yes ..... No .~ '' · If yes, Southoid Town Trustees Permit may be required. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or comer lot. STATE OF NEW YORK.-. -- _ _ - coumv OF ;~!,~,.~z~ 1/%... '~'~ ........ ' '~'~'~"~'~' ...... '.~-~ .......... being duly sworn, deposes ~d says thane is the applicant (Name of individual mgn~g contra~t) above named. t a officer, etc.) .... of said owner or owne~, ~d is duly autho~zed to perform or have perfo~ed the said work and to m~e and file ~is application; that all statements contained ~ this application are true to the best of his knowledge and belief; ~d that the work will be perfo~ed in the m~ner set forth ~ the application filed therewith. Sworn to before me this .... : ...... ..... .... . · - · ~. "L'~ }"'~ ..... ~.~1~. County/ ~ ~ / f/ , · '~'.-:: :,...~ ,. · · ~. 'k/~ - . .: ....... ~ ~,~.;-~ ~~- ~ . ~ ..- ~ ............ / Memorandum from .... BUILDING INSPECTOR'S OFFICE TOWN OF SOUTHOLD TOWN HALL, SOUTHOLD, N. V. 11971 765-1802 JULY 5, 1988 NOTE TO OWNER: THE LEADERS ON THE BUILDING MUST BE DESIGNED TO SATISFY WATER RUNOFF TO KEEP SAME ON PROPERTY :1 COUNTY OF SU Properly Tax Ser, JUDITH T. TERRY, TOWN CLERK RECEIPT 0 4 8 2 3 8 Town of Southold SouthoId, .New,York 11971 tr~ ./'~ ...).,Q.~ ~;:~ PhoCle: 516-765-1801 ~ DATB:~. Y~, ~' ~--/ 19 ~ BOARD OF APPEALS, TOWN OF'SOUTHOLD : In thc Matter or the Petition of : The Sign Makers a/c Allen Ovsianik : to the Board of Appeals of the Town nf 5outhold : TO: Panagiotis & Eleni Axiomakaros 1S-20 Stadium Avenue Bronx, NY 10465 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board nf Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] The Sign Makers On Behalf Of Allen Ovsianik 2. That the property which is the subject of the Petition is located adiacent..to your nropectv and is,des- cribed as follows: -At $2930 Main Road - 15 Bugene Road, Cutchogue. county Tax-Map NO. ~,/, Block 2, Lot 15. 3. That thc property which is the~ubjecttsus~.nessOf ~UoCnhePetition is located in the following zoning district: 4 That h'~ sucl~ Pelition, the undersig~ned will request thc foUowing relief: That a canopy -- for which a building permit has been ~ssued -- will have a graphic design iden~cifying the owner's business. Said graphic to be 'executed in permanent vinyl graphics. 5. Thai the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article XX Section 100-203 R [ ] Section 280-A, New York Tow~ Law for approval of access over right(s)-of-way~ 6. That within five days from the date hereof, a written Petition requesting thc relief specified above will be filed in the $outhold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (§16) 765-1809. 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 date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated:' 9/27/95 The Sign Makers - Burke B. Libur~. ." Petitioner Owners'Names: Allen Ovsianik . Post Office Address 8490 Soundview Avenue gm,thold. NY Tel. No. ( 516 ) 734-7395 11971 [Copy of sketch or plan showing proposal purposes.] to be attached for convenience PROOF OF MAltING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRE55 Panagiotis & Eleni Axiomakaros 15-20 Stadium Avenue Bronx, NY 10465 372 &83 683 F,.Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail Reverse) STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: De {~c~'JCl , Coq [~\ C~ <17 ; being duly sworn, deposes and says that on the ~ay of ~C ~ ~ [~ , 19 ~ , deponent mailed a true copy of the Notice set forth on the re- verse si~ 'hereof, directed to each of the above-named persons at the addresses set opposite their r~pective names; that :he addresses set opposite the names of said persons are the addresse~ of said persons as shown on thc curren~sessm~nt rol~of the Town of Sou~hold rice at ~1~ ~* ~.~ (certified) ~re~istered~ mail. Sworn t~o befo[e me this day of~-P_~ T'. I Notary Public that said Notices were mailed at the United States Post Of- ; that said Notices were mailed to each o[ s~.d persons by (This side does not have property 9wne.rs.) to be c0mpleted on % form transmitted to adjoining BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or.[h_e Petidon of to the Board of Appeals of the Town nf Southnld TO: MARIO0 & MILDRED ABATBLLI ~NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: l. That il is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] The Sign Makers On Behalf Of Allen Or§lanieR ., ). 2. That the property which is the subiect of the Petit on s located adiacent to your property and is des- cribed as follows: - At 329:50 Main Road - 15 Bu~ene Road. Cutcho~ue. County Tax Man No. 97: Rlnr~ ~. Lot 15 3. That the property which is the ,~ubiect of such Petition is located in the following zoning district: Buszness Zone 4 Tidal b~, such Peti6on, the undersigned will request the following relief: That a canop~ -- for which a buildin~ permit has been issued -- will have a graphic design iden.ti£¥ing t~e owner's business. Said graphic to be executed permanent vinyl graphics. 5. That the provisions of lbo Southold Town Zoning Code applicable to the relief sought by the under- signed are Article X]( Sectio~ 100-203 E [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way~ 6. That within five days from the dale hereof, a written Petition requesting the relief specified above will be filed in the 5outhold Town Clerk's Office at Main Road, 5outhold, New York and you ma}, then and there examine the same during regular office hours. {516) 765-1809. 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 date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the o~ such notices; that you or your representative have the Town of Southold and designated for the publication right to appear and be heard at such hearing. Dated:'.. 9/27/9:5 The Sign Makers - Burke' B. Liburt >. :" Petitioner Owners'Names: Allen Ov$ianik Post Office Address -- 8490 Soundview Avenue · Southold~.New Yorl~ 11971 Te]. No. (516) 73~-7395'- [Copy of sketch or purposes.] plan showing proposal to be attached for convenience . PROOF OF M AILIN~OF NOTICE ATTACH CESTIFIED MA~L ~ECEIPTS ~A~ AODRESS Mario& M~ldred Abatelli 5 Abby Drive East Northport, NY 11731 ~P 3'~2 883 462 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail {See Reverse) Certified Fee Special Delivery Fee Restricted Delivery Fee Reiurn Reee~pl Showmg ~o Whom & Date Delivered Return Receipt Showing to Whom, Date, and Addressee's Address TOTAL Postage Postmark/~ J STATE OF NEW YORK ) COUNTY OF SUFFOLK) O ~_ ~ . 6d'x~ \L 9 ~ ~ being duly sworn, deposes and says that on the ~1-)'~4 day of %~,~ ,19 ~ , deponent mailed a true copy of the Notice se~ forth on the re- verse sid~ hereof, directed to each of the a5ove-named persons at the addresses set opposite their r~pective names; that the addresses set opposite the names of said persons are :he addresses of Said persons as shown on the current ~smentfroll o~he Town of Sou~hold; that said Notices were mailed at the United States Post rice a~ ~ k ~ ~ ~ ~ ;that said NoHces were mailed to eac~ of said persons by Sworn to b~fore me this dayof ~ .19~ (This side does not have to property 9wners.) be completed on form transmitted to adjoining