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Home My WebLink About4254.~i~EPO;~ ENTERPRISES, ~29205 Main Rd. Cutchogue, NY #4157 INC. 102-02-12.1 Request for permit to locate volleyball courts with outdoor lighting. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 ACTION OF THE BOARD OF APPEALS Appl. No. 4254. Application of DEPOT ENTERPRISES~ INC. Variance is requested under Article VII, Section 100-71C (ref. 100-31C-4, 100-33) and under prior variance determined May 11, 1993 under Appeal No. 4157, for permission to modify the northerly yard setback for an accessory ball court. Location of Property: 320 Depot Lane and 29325 Main Read, Cutchogue, NY; County Tax Map Parcel ID No. 1000-102-2-12.1. Subject premises is zoned Residential-Office (RO) and contains a total lot area of 1.6+- acres. WHEREAS, a public hearing was held on July 14, 1994, at which time any and all persons who desired to be heard were heard and their testimony recorded (no opposition was submitted during the hearing); and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board members have personally viewed and are familiar with the promises in question, its present zoning, and the surrounding areas; and WHEREAS, the Beard made the following findings of fact: 1. By this application, appellant requests a reduction in the northerly yard setback for the repositioning of the existing double volleyball court, which volieybali court with outdoor lighting was previously considered by the Board of Appeals under Appeal No. 4157 on April 22, 1993. The setbacks for the proposed repositionin g of the double volleyball court are proposed to be reduced by eight feet from the original 22 ft. setback. 2. The most recent (June 6, 1994) site plan map was prepared by Anthony W. Lewandowski, Land Surveyor. Shown on this site plan is the new proposed addition which was considered under Special Exception No. 4244. That addition is proposed at 92 feet from the westerly front property line and 86+- feet to the northerly property line, which would protrude Page 2 - Appl. No. 4254 Matter of DF~OT ENTERPRISES, INC. Decision Rendered July 14, 1994 onto the volleyball court area. The number of parking spaces is shown on the June 6, 1994 site plan to be proposed at 45. There are an existing buffer between the northwesterly parking area and Depot Lane of approximately 12-112 feet in depth and buffer area north of the parking area at approximately ten (10) feet in depth. The playground area, or fence enclosure, must be removed. The frontage of the subject property along the Main Road is 149.39 in length, and along Depot Lane 173.13 feet. 3. The subject premises is known as 320 Depot Lane (and 29325 Main Road), Cutchogue, Town of Southold, New York, contains a total area of 1.63+- acres, and is located in the Residential-Office Zone District. The recreational building is and has been used for health-club business and office use, since its inception in 1985, when the property was zoned B-Light Business. (Prior to receiving a Special Exception 1985 the building was used as a dwelling and offices. ) 4. At this time, the maiu building is under review for a final Certificate of Occupancy pertaining to a portion of the areas converted in 1985 from office and]or residential to its present use and pertaining to the restricted use of the second floor. Simultaneously pending with this application is an amended site plan review before the Town Planning Board pertaining to the new addition. (Note: A site plan map dated 4-6-84 was approved previously and signed by the Chairman of the Planning Board on 7-19-85; also a temporary Certificate of Occupancy was issued by the Building Inspector on November 6, 1987 for the recreation center under No. Z16374, with a notation that the second floor be non-habitable. ) 5. In considering this application, the Board also finds and determines: w~ feet; (a) that the essential character of the neighborhood be not altered with a reduction in the setback of eight (b) that the relief as requested is the minimum necessary to afford relief to the applicants; (e) the difficulties claimed do not violate the setback schedule in the Zoning Code pertaining to accessory structures since the setback from the rear property line exceeds the 20 ft. requirement; (d) that there is no other alternative available which is feasible for appellants to pursue for the volleyball court, as noted above; Page 3 - Appl. No. 4254 Matter of DEPOT ENTERPRISES, INC. Decision Rendered July 14, 1994 (e) in considering all of the above factors, the interests of justice will be served by granting the relief requested, as conditionally noted below. Accordingly, on motion by Chairman Goehringer, seconded by Member Doyen, it was RESOLVED, that permission is hereby GRANTED for the 8+- ft. setback reduction adjustment in the location of volleyball court at the northerly setback, as requested. the Vote of the Board: Dinizio, Villa and Wilton. Ayes: Messrs. Goehringer, Doyen, This resolution was duly adopted. CHAIRMAN, BOARD OF APPEALS I~ECEIVED AND FILED BY TO ,N To?_~n Clerk, Town of Southold APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 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 THURSDAY. JULY lU,. 199u,. commencing at, the times specified below: 1. 7:30 p.m. AppI. No. 4250 - WILLIAM AND HELEN CHILDS; Variance to the Zoning Ordinance. Article III. Section 100-33C based upon the March 29. 199~ Notice. of,, Disapproval, from the Building Inspector for permission to locate acc~ry garage with reduced front yard setback(s) on this corner lot. The subject premises contains a ,total lot area. of~ approximately 30,500 square feet and fronts along Brushes Creek. Peconic Bay, Boulevar, d, and Mesrobian Drive, Street Address.'-- 1781}, Peeoni=;Bay Boulevard, Laurel; NY; County Tax Map Parcel No. 1000-1~5-~-2.1 (prey. 1 g.2). 2. 7:35 p.m. AppI.. No. 4252,- DENNIS R, and ANN-L. BANNON~ Variance to the, Zoning Ordinance..Article, IliA. Section 100~30A;.3. based: upon, the June 16; 199~ Notice of. Bisapl~uvaL from the Building Inspector~ for Pa~e .2 - Notice of~ Hearir~ Southold, Town Board of/II, als Regular Meetin9 of~ July 14~ 1994 permission to locate proposed addition with an insufficient rear yard setback. The subject premises contair~-a total lot area of, approximately 12.300 square .feet and is ra corner lot. Location of., Property: 8SS Mary's Road (alkla 6q5 Hamilton Avenue). Mattituck. NY; County Tax Map Parcel ID No. 1000-1Lq)-2-1. 3. 7:q0 p.m. Appl. No. 4251 - MARILYN J. MORSCH. Variance to the Zoning Ordinance. Article, I I IA. Section 100-30A.3. based upon the June 6. 199~ Notice of~ Disapproval, fram the BuUding Inspector. for approval; of, an "as built" wood deck addition with.a side yard setback at less than the required 1S feet and less than the total, side yacds required at, 15 and 20 feet. The subject premises contains a ~conforming)- total, lot area of q0.q09 square, feet in~ this; R-Lq) Low,-Density~ Residential., Zone District. Property Locatien:- 630 North- Sea Drive~- Southold; NY; County Tax Map Parcel No. 1000-Sa~-5-16~ 4. 7:45. p.m. Appl.: No. 4235 - KlM FALLON.-and~ CYNTHIA- SUTRYK. Re~Hearing~ pursuaflt: to~ Resalution of, Board of~ Appeals~adopted June 13. 199~ to.. re-consider ar~l re-hear appellants~ variance- appli~;Jen under Article~lll. Section 100-33. based upen the. April q~ 199~ Notice. of. Disapproval from the, Buildir~j Inspector~ to Ic.~[e,accessory building/use in the front ya;d area. Locatien of, Property: 3200 Soundview- Avenue, Mattituck. NY; County ~Tax;Map Parcel 1000-g~2-S. Pa~je 3 - Notice of Heari~ Southold :Town. Board- of~ ~eals Regular, Meeting or,July lU,, 199q 5. 8:00 p.m. Appl. No. q253 - JOHN AND MARY WISSEMANN. Variance based upon the June 16, 199~ Notice of Disapproval.. from the Building Inspector for permission to, construct accessory garage buildir,3 with~,an insufficient front .yard setback at: 580. Clearview Road. Lot No. q9 and part of ~,7 on the Development Map of~ Cedar Beach, Southold~ NY; County Tax Map Parcel No. 1000-90-~,-11.1. The subject premises is a water-front parcel containing a total lot area of approximately ~5,000 sq. ft. (including Iow land subje~-~ to floading) and is defined as a corner lot fronting along Clear View Road and a private- right-ef-way ~to, the- north. 6. 8:10,p.m. Appl. No. u,25~ - DEPOT ENTERPRISES; INC. Variance is, requested under Article.VII, Section 100~71C (ref. 100-31C-q. 100-33) and: under prior, val~iance determined May ,11, 1993 under Appeal No. ~157.. for permission to modify the northerly yard setback for. an accessory ball court. Location of,, Property:,, 320 Depot Lane and 29325 Main~ Road. Cutchogue~- NY; County Tax Map Parcel ID No. 1000-102-2-12.1. Subject premises is zoned, Residential~Office -(RO) and contalns.a total. Jot area,of 1.G: acres. The,, Board of~. Appeals~wil[, .at~. said. time. and pla=e hear any.,and all persons, .Orr, representatives .de~iHn~ to-be heard in, th~ above,~matters. Written commenta ~ may ,- also- b~ submitted prior to,-the ce~cluslon ,of~ the subject hearir~3.~ Ea=h hearin9 wild,not, start before.the times.:desig3nated above,~ If you wlsl~, to,~revlew, any.,Ofr, the *above:files or, weul~LHke,.to request-.more, information, please-do, not, hesitate, to cell 76~-1809 or, visit our *office~ Dated: June 27. 199~. BY ORDER,OF.THE.SOUTHOLD TOWN BOARD OF APPEAES GERARD P. GOEHRINC. ER; CHAIRMAN By Linda Kowalski X TOWN OF SOUTHOLDo NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR, APPEAL NO. ~ S~ DATE . . TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ........ D~.B D.lg..~;.~n~.t~e~,...:Znz: ....o f ........... 3.Z0...n e0.at...L~J~. ................................ Name of Appellant Street and Number ........ ..C..u.~..c..h..9.B..u..e. .................................................................... .N...Y....1...1..9..3...5.....HEREBY APPEAL TO Municipality State prior Decision under Appl. No. 4157 THE ZONING BOARD OF APPEALS FROM/THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION fORX~j~l~Xx~)~ ..Y.~.~,i.~.B.C.~/..O.n~.~,n,nDATED .......... j~.,~...I,,.~....~.~,.;,3. .............. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) ( X) same basis Notice of Disapproval Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY modify location of accessory vol.leyball court from north property.line 1. LOCATION OF THE PROPERTY ....... ~20...D~p~;...ba~..~d...Zg,.q.25...~JnJ. i~...Bnad ....... ,RI]. Zone Street /Hamlet / Use District on Zoning District 1000 Sectioni02 Block2 Lot 12..1 . ................... current Owner Depot Enterprises, Inc. Mop No. 'Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph o~ the Zoning Ordinance by number. Do not quote the Ordinance.) Article VII Section 10071C (100-31C-4. 100-33) and prior ZBA ACTION 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ~x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 (X) modi£y location of accessory volleyball court 5/11/93 4. PREVIOUS APPEAL A previous appeal (has) ~t~ been made with respect to this decision 0f the Building Inspector or with respect to this property. Such appeal was (x) request for a special permit J x ) request for a variance and was made in Appea! No ........... 4~L..~2 ............ Dated ....... .~J..~.$/.~3.+...~J~...~...~.~..~/..~. .......... REASON FOR APPEL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance ~x) modify p~o~ w~ence de~e~m~nB~on on ~oa~on of voZ]eybaZZ is r~uested for the reason that accessory ball cou~t is located partly in yard area and' setback is proposed to be reduced to -shown in or~ginai appiication under variance ~4157. cbur.t. front less than that Form ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- saw HARDSHIP because 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate 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 KICT because STATE OF NEW YORK ) '~ ) ss COUNTY OF Su~'fol.k ) De . S~ e . ~ ~ by Joseph Lizewski Sworn to this ............. ~.. .............................. day at~ ........ '30'r11~ ........................... 19 94 Notary Public Ik~ i~4~24771 /~' Y~4-o-/2., TOWH OF, SOUTH D pROPERTY RECORD CARD )WNER STREET '"~..,q ~"~ VILLAGE DIST, SUB. LOT :O~ER OWNER ~. L.;z~uo.~ k;~)~,.,~ ,,~ ~,' N,, ~...c~ qq w ~r~j' E 30~, [~H~ ./,ACR~ .... ~ J ~S. ' S~S. VL ' ~ FARM" CQ~0 CB. MISC. Mkt. Value ~ND IMP. TOTAL DATE. :A~ Acre Value Per Value ,.~,o.~ . ~ ~ ~ z..~o~,~ ~o,**~o, ~o,o "/~d"e ~ ;"/zoo (~,.,. ,~,~d) ~,~o~ &. P~ot ~.~ / ~ ~.~ De~TH 3 ~ ' /~¢ tel ,. ' '" DOCK ',--~'~, f~ x ~ ~.~ = <tension sb ~L o Both Floors Interior Finish Dinette xtension ~reezeway Fire Place Roof Driveway Room Heat Rooms 1st Floor Rooms 2nd Floor DR. BR. FIN. B. )otio -/t 77 77 Page 34 - Transcript old'carings Regular Meeting of July 14, 1994 Southold Town Board of Appeals obviously as you get further from that corner it falls away at 45 degree angle, if you canter and it's not going to fall away on one side at a 45 degree angle, you're going to, you have more of it would be exposed. This would be optinmum placement, viz-a-vis road and anybody driving down the road. MEMBER VILLA: You gain five feet. MR. CHAIRMAN: We are with the opinion that the building is going to stay approximately in the same position except that we're just moving that one corner over closer to the storage shed, is that correct? MEMBER VILLA: Yeah, it might swivel a little .... , which should make the doors more easily available from the driveway. MR. CHAIRMAN: OK. Hearing no further comment I'll make a motion closing the hearing reserving decision until later. MEMBER VILLA: Second. MR. CHAIRMAN: All in favor? MEMBERS: Aye. 8:35 P.M. MR. CHAIRMAN: The last hearing of the evening is in behalf of Appl. No. 4254 - DEI~I~NTERPRISES, INC., Variance is requested under Article VII, Section 100-71C (ref. 100-31C-4, 100-33) and under prior variance determined May 11, 1993 under Appeal No. 4157, for permission to modify the northerly yard setback for an accessory ball court. Location of Property: 320 Depot Lane and 29325 Main Road, Cutchogue, NY; County Tax Map Parcel ID No. Page 35 - Transcript of Hearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals 1000-102-2-12.1. Subject premises is zoned Residential-Office (RO) and contains a total lot area of 1.6+ acres. The nature of this application is the change of area that is taken away from the volley ball court with the erection of the weight room. In our prior decision we indicated the approximate width of the green area around the volley ball court. When I refer to it as green area I'm referring to as scenic easement, all kinds of phrases that we use concerning this nature of the application is to encroach within that so as to square off the volley ball court and the phrase could be elongated in the opposite side. I do not see Dr. Lizewski here tonight and I would entertain if the Board has any questions, you know we can reserve this and request him to be here. BOARD SECRETARY KOWALSKI: Recess it. MEMBER VILLA: I have a question. Due to the limited space there and not being much of a volley ball player, how can you have two volley ball courts right next to each other, in games of progress at the same time? I've seen voliey balls, the balls are all over the place. Why don't they just limit it to one court and they won't have the problem that they have. BOARD SECRETARY KOWALSKI: We'li have to ask the applicant those questions. MEMBER DINIZIO: Yes, I don't think that's our problem, that's his problem. BOARD SECRETARY KOWALSKI: No, that's right. MR. CHAIRMAN: I'll make a motion to recessing it to about 9:05. MEMBER DINIZIO: I'll second it. Page 36 - Transcript o~rIearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals MR. CHAIRMAN: All in favor. MEMBERS: Aye. (:05 p.m. Appl. No. 4254. DEPOT ENTERPRISES, INC. Hearing reconvened from earlier this evening. MR. CHAIRMAN: Dr. Lizewski, thank you for coming in. There was a question by Member Villa, concerning the size of the volley ball court and we realize that the nature of this application is merely the area that is being taken away from the volley ball court for the purpose of building the weight room is then putting that portion on it on the opposite side which we refer to as the northerly side. Is that correct? DR. LIZEWSKI: Yes, that's correct. MEMBER VILLA: Joe, I'm just wondering, you've got two courts there, couldn't you reduce the one court? I mean, the two games go on at the same time. Volley ball is an action game and I can't see two games going on right next to each other at anyone time anyway. DR. LIZEWSKI: Oh! No, they do, it's a league. They play, the games are short. There only 11 point games. MEMBER VILLA: They couldn't reduce it down to one so that you know, we look like we're giving them, you're giving something, and you're not being you know. DR. LIZEWSKI: I mean that's possible, but I, I mean it's not a, you know the amount of sand and to move it over to one corner is, it's not, it's not like you're putting a building on it. Page 37 - Transcript o~-Hearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals MEMBER VILLA: Yeah, but --- DR. LIZEWSKI: And half of and most of that sand is 10 feet around the whole thing that not even used. I mean there's a quarter of sand around it. Courts are much smaller than the actual sand pit. MEMBER VILLA: But you're actually going into that buffer area that we had said we would, we're trying to buffer you from the neighbor, right? DR. LIZEWSKI: Yes. BOARD SECRETARY KOWALSKI: What is the setback? MEMBER VILLA: That's the problem. We were looking to try to buffer that. Now you're taking that buffer away. BOARD SECRETARY KOWALSKI: What is the new setback Joe? Is it 16, 16 feet to the new setback, or is it 18 feet? DR. LIZEWSKI: It's 16. It's not a, well, you know, the actual size of court, I could actually pull that sand back and not have a court on that end, I mean, you know, that's, that's basically you do in a court. The only thing that was really moved on this court was not the actual court. It was the boarder, you would hit a ball, or rather the end just like having a ball field and having the first base line with a fence against it. OK, you wouldn't do that, you'd have a little space between the fence and the first base line. So basically what was moved to make, to make room is not a piece of the court that is actually used as court. It's actually used as a board, you have to have 5 feet around the edge of these courts to make them playable for championship play. I got $14,000 worth of sand invested in them and there, you know, you're not talking about courts that Page 38 - Transcript o~l~Iearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals are used a lot. You're talking about courts that are used one night a week, and maybe eight weeks of the year. The actual impact upon the neighbors in the neighborhood, you know I have taken great pains with my neighbors to make sure that the lights are shut off at ten o'clock. I frosted the lights, I didn't change the lights in it at all that would interfere with the neighbors. There not, you know its just not a big use. A whole year they weren't used at all. Last year there was no league at all. This year they need one night and they didn't go on for eight weeks. The courts themselves really don't get ( ). The impact on the community, the impact on anything is really very, very minimal with those courts. It's almost nothing and so far none of the neighbors that I have, have made any complaints and I approached them because when I put them in they were very concerned about the lights and the noise and I don't think we keep them on past nine o'clock. You know, I think nine o'clock at night everybody's gone. You start at six and they're gone so its not, its not something that causes some consternation in the community, it's really not, but keeping them at championship to counter play, will allow us to bring and they would oniy use one court, to bring, allow us to bring over an actual championship group from anywhere to play in this court. I made those courts so they were of a caliber that you could have a pillow of light toward the turf, if you wanted to. I hate to lose that. You know taking the one court away is, is taking an awful lot away from the game to the kids who play there. It's not like the baseball league where you there for a long period of time. The games are 11 point games, they're usually over in 15 minutes so Page 39 - Transcript of Hearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals you do two courts because the games go so quick. They take a lot of energy to go ( ) and then there's four more teams up. Then the first two teams will play the other two teams. They just play, they play a round robbin through the evening like that. But those courts are never going to get the use that most people thought that they would get. I'll tell you the truth, they'll never make back the money I paid for the sand. Ever, ever, ever. They're basically a service because the Hamptons have cut down on their courts. They lost so much ocean over there that the kids from this shore don't have a real good place to go to play, and salt water sifted sand. There's it's 14 inches deep, the sand. most of the beaches don't have this not a rock in this whole thing and So, the kids who do play volley ball love this thing. It's just a young crowd. To me it's just another way of keeping them off the streets. MEMBER VILLA: I have a question. Are you still in control of these courts, or is it, ..... DR. LIZEWSKI: Oh! yes, I'm in control of these courts. MEMBER VILLA: it's not leased to the other ( ) or any ( )? DR. LIZEWSKI: No. The business inside that building is leased to him. MEMBER VILLA: So, you have control of these courts? DR. LIZEWSKI: I have control of these courts. I'm the one who has to move them and whatever and I do have control of the courts, you know. MEMBER VILLA: I asked that question because you're saying it's only one night a week, but if you don't have control over it they could ...... OK, all right, I just want to know. Page 40 - Transcript ~Hearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals DR. LIZEWSKI: No, you know, I have control of the courts here. The inside of the building, this is just an additive. Basically I, I wasn't going, in fact the league that's running it, is running it outside of the club. Bobby Garin and some of these people who are interested in it have their own little league and they didn't want to go over to West Hampton anymore because they felt it was, it was as good as what I have over here. There slowly building it up. They have their own league, it's, it's being run as a separate entity. MEMBER VILLA: Yeah, but see, you say things now that leads me to wonder, you say it's one night a week, but if the league grows, it could be five nights a week, right? DR. LIZEWSKI: Oh! I doubt it very much. They don't have that many people. If it did, I couldn't, I, I'd take another look at it. The reason that I put it in (too many people talking at one time), they utilize the two courts that I have indoors and that's really what it was done for. It was an investment to try and get more usage out of my building indoors in the winter so I felt that if I could get some courts going in the summer time and last year I didn't have one night that we played on those courts with the league. I played on them a couple of nights myself but other than that never used, so the kind of use that they get is really still minimal. Like I said, if I had to fold them up, I'd just have to worry about selling the sand. I'd probably make more money selling the sand back then I would off those leagues. I got' $14,000 of sand in there, if you can believe it, 14 inches thick and it had to be graded. To do those things right you have to drop a grading on the bottom of it so that Page 41 - Transcript of Hearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals the thickness is the same all the way through. They're done in a professional manner. Nobody can believe I did those courts the way I did them. That's the way I do things. MEMBER DOYEN: This is going to sound like a stupid question. What kind of sand is that? DR. LIZEWSKI: It's sifted sand. It's fresh water sifted sand. MEMBER DOYEN: Building sand? DR. LIZEWSKI: No, it's sifted sand. It would be what you would use probably, it's called, it's what you call builder's sand. Builder's sand is really soft. MEMBER DOYEN: That's what I was wondering. DR. LIZEWSKI: Builder's sand is really soft. MEMBER DOYEN: Yeah, but it's sharp too. DR. LIZEWSKI: Well, that's what they want. MEMBER DOYEN: That what I was wondering because beach sand is soft and round. The particles are round from beach and the building sand is sharp. DR. LIZEWASKI: This is, I believe builder's sand. MR. CHAIRMAN: Isn't this the same sand they use on the swimming pools? DR. LIEWSKI~ Yeah. Same one they use on swimming pool. MR. CHAIRMAN: On the liner of swimming pools. DR. LIZEWSKI: Yes, the same stuff. There's no rocks in it. MR. CHAIRMAN: They call that plastic sand. DR. LIZEWSKI: And it's washed with fresh water. I know they wash it and I know it costs about $18 a yard. That's the only thing. Like Page 42 - Transcript gs Regular Meeting of July 14, 1994 Southold Town Board of Appeals I said the only part that was really moved was the property of the court surface, is the periphery of the court surface. The plank surface hasn't really changed. MEMBER DOYEN: You know why I'm laughing? DR. LIZEWASKI: Why? MEMBER DOYLAN: Over to Fisher's Island it would be $35 a yard. DR. LIZEWASKI: Again, I'll tell you the truth. If it came to the point that my neighbors were upset about it, I'd do something about it. It's just that simple. If somebody complained about it, I'll be more than happy to come back here or whatever you guys want and do whatever you want cause, the neighbors don't mind it at all. In fact they come over to watch the kids play. But if you gave me a ten o'clock curfew, try nine. It doesn't make any difference. They don't stay that long. Theses kids got places to go after nine o'clock. They don't start until after ten at night. They got to go home and shower. MR. CHAIRMAN: Hearing no further comment, I'll make a motion granting the application which is reducing the buffer area from 24 to 16. MEMBER WILTON: Second. MR. CHAIRMAN: Ail in favor. MEMBERS: Aye. Prepared from tape recordings of actual hearings. LK/I_F 'NOTICE OF PI-rBLIC HEARING NOTICE IS HEREBy GIVEN, pursuant to Seetlo_n~26'~of Somhold, that the following publlc ~hearings will be:'held by .the SOUTHOLD TOWN BOARD OF APPEALS, at the Soutbold Town H~[I, 53095 Main Road, Soulho[d, ' New York I 1971, on THURSDAY~ JULy 14, 1994, commencing at the times specified helow: I. 7:30 p.m. App[. No. 4250 -- WILLIAM and HELEN CHILDS. Variance to the Zoning Ordinance, Article II1, Section 100-33C based upon 1he March 29, 1994 Notice of Disapproval from the Building In- spector for permission to locate ac- cessory garage with reduced front yard sethack(s) on this comer lot. The area of approximately 30,500 square feet and froo~ along Brushes C~ek, Peconic 'Bay Boulevard. and Mesrobian Drive. Street Address: 1780 Pecoalc Bay Boulevard, Laurel N.Y,; County Tax Map Parcel No. 10~0-145-4-2,1 (prey, I & 2), 2.7:35 p.m. Appl. No. 4252 -- DENNIS IL and ANN L.BANNON Variance to the Zoning Ordinance, Article IliA, Section 100-30A.3; based upon the Iune 16, 1994 Norice of Disapproval from the Building Inspo~tor; ~or permission to Iocot~ proposed addition wilh an insufficient, rear yard setback. The subject pr~mis~ cs contains a toud lot area of approx mately 12,300 square feet and is a comer lot. Location of Property: 855 Mary's Road' (a/k/a 645 Hamilton' Avenue], Ma~titock,'N.y,; County Tax Map Pamel ID No. 1000.140-2~ L 3. 7:40 .p.m,~ Applr No. 425 to ~he Z~ning O~dina~c~, Article IliA, Section' 100-30A.3i based upr~ the-~ June 6. 1994 Notice of Disapproval from he, Bu ding Inspector for approval ~ ~n'~'n~ built'' wood ~leck addition~:~vit~-~ ~id~rd s&back at less ~ ~ ..r~.q~lired }5 feet and less ~-and 20-f~et~The ~u~ject pretoises- KlM FALLON-and ~CYNTHIA SUTR~K..Re-~epri~g pursuant to- ~adopied Ju~e 1'3~A~ t0~r~onsider. and re-hear, ap~ellants'~vadance ap-- plication uno, er Attic e Il Sec on' '100 33.~besed upon the Aprd Notice of Disapproval from the' ~uilding.lnspector. tn' locate nsces- County Tax Map parcel 1000-94-2-5. ~. 8:00 p.m. Appl. No. 4253 ~ ~OHN~ . end MARY WISSEMANbr. 'i ' '-V~rianee,baS~d u~on'the,Jun~ ~s~ct ~e~ gauge building ~ a~a of a~proxi~tely 45~ sq. E. (inclu~n~ low I~ subj~t to fl~d- ing) and is defined ns a corner lot ~nfing along CI~ View R~ ~d a ' 9EPOT ENTERPRISES, INC. 4, 1~-3~) aed under p~or v~ec~ ~ ~ ~al No. 4157, for ~ission to m~- NO. ~ ify the non,fly y~d set~ck for ~ ~Ol~ ~ S~k I ~p~ Clerk ~p~: 320 ~pot ~e ~d 29325 Ma~ R~d, Cutchogue, N.Y.; ~un~ T~ Map P~cal 1D No. 1~102-2- 12.1 Subject premises is zoned Residential-Office (RO) and contains a total Iol area of 1.6a: acres. The Board of Appeals will at said time and place hear any and all per- sons or representatives desiring to be heard in tho above matters. WriKen comments ~nay 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 any of Ihe above files or would like to rrque~st mobe information, please do not hesitate to call 765-1809 or visit our office. Dated: June 27. 1994. BY ORDER oFTHE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHR1NOER, ~ CHAIRMAN By Linda Kowalski 7988-1TJu30 " tv STATE~ N~W YORK) ) ~S: o~ OF SU~-~OI.K) Irl~/~c~ ~ of Mattituck, i~ ~d ~, be~ d~y s~m, ~ ~t he/Bh, ~ ~cipM Clerk of THE SUFFOLK ~.; Wee~y Nempa~r. p~lished at ~tflt~k. h the To~ of Southold, Cowry of S~olk am State of New York, and ~at the Nofl~ of w~ ~e =nnexed ~ a p~t~ copy. ~ b~n ~ ly p~hed ~ ~d Nm~r once ~ ~ ~r J ~e~ s~c~ssl~ly, ~o~en~ o~ ~e ~ of' 19~. NO ICE OE PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southol0, that the following public hearings will be held by the SOUTHOLD TOWN, BOARDOF APPEALS, at ~h~,~ot~hold Town Hall, 153095' M,ain Road, Southold, New i':York 11971, on THURSDAY, .JULY 14, 1994, i,.dommencing at. the times ~specified below~ · I. 7:30 p.m. Appl. No. 4250- WILL,lAM AND HELEN CHILDS. Variance to the Zoning Ordinance, Ar- ticle Ill, Section 100-33(2 based upon the March 29, 1994'N'otice of Disapproval from the Building Inspector for permission to locate ac- cessory ga. rage with reduced front yard setback(s) on this corner lot. The subject premises contains a total lot area of approximately 30,500 square feet and fronts along Brushes Creek, Peconic Bay Boulevard, and Mesrobian, Drive, Street Address: 1780 Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 100-145-4-2.1' (pre~ l&2) · 2.~7:35 p.m.':'~ppE: Ng,~ 4252: DENNIS R.',,~. d AN~ L~:: BANNON; i the Zoning Ordinance, Arti- cle !IIA, Seet~n 100-3~A.3.; IJ~l~on~ J. une~{g 1994 Notibe'~of DiSf~p~-prov'~''frb'm the, Building Inspcctor,~.for d ~iddit~n' ,w~th an insu~fi~ cleat kear~rd ~tba~:~ ~- subject premises ~ntains a to~al~ qot;~`~r~°'~f ~*~tpprox: imately 12,300 :'sq~iare 'feet and is 9 ~or~' loti Logation of Pr0pert~/[i 855t~,~i~ry s R~a~ !(a[k(l~ :645;~ .a~l.. ilton '~wood deck addition with a side yard~ack at less than the requi~15 feet ahd less than the total side yards re- quired at 15 and 20 feet. The subject premises ~:ontains a (conforming) total lot area of 40,409 square feet in this R-40 Low-Density Residen- tial Zone District. Property Location: 630 North Sea Drive, Southold, NY; CounT~' ty Tax Map Parcel No. 1~)0~'-54-5-16. 4. 7:45 p.m. Appl~No. 4235- KlM FALLON and CYNTHIA SUTRYK. Re- Hearing pursuant to Resolu- tion of BoaYd of Appeals 'adopted June 13,: 1994 to re- consider and rehear ap- pellants' variance applica- tion under Article Ill, Sec- tion 100-33, based upon the April 4, 1994 Notice of Disapproval from the Building Inspe6tor, to locate accessory building/use in the front yard area. Location of Property: 3200 Soundview Avenue, Mattituck, NY; County Tax Map Parcel// 1000-94-2-5. 5. 8:00 p.m. AppL No. 4253- JOHN AND MARY WISSEMANN. Variance based upon the June 16, 1994 Notice of Disapproval from the Building Inspector for permission to construct ac- cessory gar:age building;with an insufficient fr6nt vard~et- back at 580 Clear~;i6~v Road, Lot No. 49 and part of 47 on. the Development Mapof Cedar Beach, Southold, N~ County Tax Map Parcel No. COUNTY OF SUFFOLK STATE OF NEW YORK SS: Patricia Wood, being duly sworn, says that she is the Editor, of the TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler-Watchman. once each week for ..................... ~ ........ weeks successively, commencing on %he .... ~f: .... SwQrn to before me on ' day of 1000-90-4-11.1 The .subject court. LocationofProperty: premises ~s a ,waterfront ~20'~D~p_'o~ *,Ea/n~'and 29325 · parcel contmn~ng a total lot defined as a corner lot fron~ ting along Clear View Road rand'a private yight~0b~ to ,the northa~,c~ o~ ,~ · , 6. 8:10 p.m. Section J00-71C--(ref. 100~31C-4)d-100-33) and u ~ n ,d:?..P fic~FcvAr J a~n,~.~ ~..r~min%, ed ~ay 11 '1993. rider · peal No. 4157, for permission to modify the northerly yard setback for an acces§ory ball Notary Publ ~.e BARBARA k.SCHNEIDER NOTARY PUBUC, State of New No. 4806846 . Qualified in Suffolk ~ Commission Expire~ Residential-Office (RO) ~. ,a~l_~ oa,n, tai~ns a total lot area .~.. .,;.',c~. , .'~ ' '. .... need tb request~m6re~i?fo?-~ - ne~oa~rdofAppealswitl marion 1' e~ '~ "T at s~d time and place hear ~ ..... ;:~.g$~"~ ' or wstt our ~¥iic~ ali persons or Dated:~ m'~ ':. 7'SOI3THOED~I~WN, APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD June 28. 1994 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Joseph J. Lizewski. D.D.S. Depot Enterprises. Inc. Depot Lane & Main Road Cutchogue. NY 11935 Re: AppI. No. 4254 - Variance to Relocate,Outdoor Ball Court Dear Dr. Lizewski: Enclosed is a copy of the,Legal Notice, as published by our office in the Long Island Traveler-Watchman, Inc. and Times-Review~ Inc. The Legal Notice outlines a generalized description of the, request being~ made; based upon the building inspector's initial Notice of Disapproval, and indicatlng:the ,date, time,and place of the public hearing,. Please-have someone appear at the public hearing, who is familiar, with your property and: its use-over, the years. The public hearing:will, not start before-the time adYer~'ised. You will note-that the,time between hearings is minimal~ howevar~ additional time is available, to, you for your presentation; if needed. In the event .you, wish. to amend, your application, which would, affect the location, setbacks._ size. etc. of your proj:eet, you. shouid, d(~ s~ prior,to the advertisement of the public_hearing. For this-type of.amendment;, an applh;ation, will be~ required to receive an amended Notice of Disap~r~wal from the Building~ Inspectm- to reflect the, changes, notice in~ the. same manner as the, initial app[ication~ and possibly-, a differertt filing, fee. If the, initial,, application was- advertised, a separate ad~ver~cisement for- a new public hearing: will be necessary for the-amended documents as-well, Please , feel free to call,our office if you have any~ questions or wish to update/review your file prior to the hearing date. You may add any documentation to support your application that-you.feel is appropriate, Very truly yours. Enclosure Linda Kowalski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 July 29, 1994 Joseph J. Lizewski, D.D.S. Depot Enterprises, Inc. 320 Depot Lane Cutchogue, NY 11935 Re: Appl. No. 425~- Adjusted Location of Volley Ball Court Dear Dr. Lizewski: Please find attached a copy of communications transmitted to our office from the Suffolk County Department of Planning which results from their review in accordance with the Suffolk County Administrative Code for projects located within 500 feet of a state or county highway, estuaries, creeks of the Peconic Bay area and its tributaries. You will note that the County has left this project for local (Town) determination. This copy is for your update and recordkeeping. Very truly yours, Linde Kowaiski Enclosure DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals ~OUNTY OF SUFFOLK STEPHEN M. JONES. A.I.C.P. DIRECTOR OF PLANNING July 28, 1994 Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s)~which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Morsch, Marilyn Wissemann, John and Nancy Depot Enterprises Inc. 4251 4253 4254 Very truly yours, Stephen M. Jones Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Pursuant to Article XIV of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Cu~uHssion: X Variance from the Zoning Code, Article VII , Section 10071C' Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section __ Special Permit Appeal No: 4254 Applicant: Depot Enterprises, 'Inc. Location of Affected Land: 320 DePot La. & 29325 Main Rd., Cutchogue, NY County Tax Map Item No.: 1000-102-2-12.1 Within 500 feet of: __'Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) × State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Comments: setback for an accessory ball court. Copies of Town file and related documents I Within One Mile of a Nuclear Power Plant __Within One Mile of an Airport Applicant is requesting permission.to modify the northerly yard enclosed for your review. Dated: duly~..~ , i944 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 July 21, 1994 Dr. Joseph J. Lizewski, D.D.S. Depot Enterprises, Inc. 320 Depot Lane Cutchogue, NY 11935 Re: Appl. No. 4254 - Variance (Ball Court Location) Dear Dr. Lizewski: Please find enclosed a copy of the finclings and determination rendered Thursday evening by the Board of Appeals concerning your recent modification of p~ior Appeal No. 4244 pertaining to the location of the ball court and]or evening lighting. Before cemmenein~ alteration activities for this preject, please return to the Building Department for appropriate building permit forms necessary for the new work. Also, when filin~ the additional documentation for your permits and approvals, please furnish their- office with a copy of thi.~ determination. All extra copy is enclosed for your convenience. Very truly yours, Enclosures Copies of Decision to: Buildln~ Department plannln~ Board l.inda Kowalski, Clerk Board of Appeals PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 June 11, 1993 Dr. Joseph Lizewski Depot Lane Cutchogue, NY 11935 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York ll971 823 RE: Proposed site plan for Dr. Joseph Lizewski Depot Lane, Cutchogue Zoning District: Residential Office (RO) SCTM#1000-102-2-12.1 & 11 Dear Dr. Lizewski: On May 14, 1993, the Planning Board received your hand delivered plan, marked final site plan. The following changes and or additions to the plan and additional data must be received before the Board can proceed with its review: Name and address of the person, firm or organization preparing the map, sealed with the applicable New York State license seal and signature. 2. Date of survey and site plan. 3. Scale at 1" = 20". 5. Deed to property. 6. Existing zoning, including zone lines and dimensions. Drainage calculations for parking area. Grading and drainage plans shall be based upon site storm water retention, in conformance with Chapter A108 Highway Specification. Landscaping must be shown for new parking area and percentage landscaped for entire site. Paved areas including parking areas, sidewalks, and vehicular access between the site and public streets. 10. Building area, lot area and percent of lot coverage must be indicated. 11. Parking spaces and parking calculations for entire site. 12. Location and details of fencing (type and location). 13. Additional screening of 75' to 100' north of the volley ball court. In lieu of elevation drawings for the elevator enclosure and second story addition, please indicate the type of roofing and siding material to be used. Ail outdoor lighting must be shielded to the premises. Suffolk County Department of Health Services approval must be obtained before any possible final approval by this Board. If you have any questions, or require further information, please contact this office. Chairman cc: Gerard P. Goehringer, Chairman, Zoning Board of Appeals Curtis Horton, Senior Building Inspector APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765~1809 June 28, 1994 ,$,E,Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4254 Project/Applicants: County Tax Map No. Location of Project: Depot Enterprises, Inc. 1000- 102-2-12.1 320 Depot Lane & 29325 Main Rd., Cutchogue, NY Relief Requested/Jurisdiction Before This Board in this P ' t: Modify northerly yard setback for an accessory Da±l Court ~ prior variance determined May 11, 1993 under Appeal No. 4157 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; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the ~ II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER 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: Southold Town Zoning Board of Appeals FROM: Judith T. Terry. Southold Town Clerk DATED: June 28. 1994 RE: Zoning Appeal No. 4254 - Depot Enterprises. Inc. Transmitted herewith is Zoning Appeal No. 4254 of DEPOT ENTERPRISES. INC. for a variance. Also included is: copy of previous action of the ZBA (Application No. 4157, decision rendered May 11. 1993}; Notice to Adjacent Property Owners; Short Environmental Assessment Form; ZBA Questionnaires; revised site plan dated June 5. 1994; revised site plan with changes indicated; and original site plan submitted with 4157 application. Judith T, Terry Southold Town Clerk APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wil~on Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS 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 Appl. No. 4157: Matter of the Application of Application of DEPOT ENTERPRISES, INC. for a Variance to the Zoning Ordinance, Article VII, Section 100-71C (which refers to 100-31C-4, 100-33) of the residential accessory use provisions), for permission to establish and locate accessory outdoor recreational area with outdoor lighting incidental to the main use of the premises. Location of Property: 320 Depot Lane, and 29325 Main Road, Cutchogue, NY; County Tax Map Parcel ID No. 1000-102-2-12.1. Subject premises is zoned Residential-Office (RO) and contains a total lot area of 1.6+- acres. WHEREAS, after due notice, public hearings were held on March 18, 1993 and on April 22, 1993, and at said hearings all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following findings of fact: 1. This is an application requesting permission to locate outdoor recreational area with outdoor lighting as accesory uses incidental to the main use of this property. Submitted as part of this application are sketches showing a proposed volleyball court, fence areas, and the proposed lighting. 2. The property is located in the Residential-Office (RO) Zone District is contains a total area of approximately 1.6 acres, of which 147.39 feet fronts along the north side of the Main State Road and 173.13 feet fronts along the east side of Depot Lane. 3. The subject premises is bounded on the north by residences; on the west along Depot Lane by a gasoline station Page 2 - Appl. No. 4157 Matter of DEPOT ENTERPRISES, INC. Decision Rendered May 11, 1993 and a house all located in the Hamlet Business Zone District. North of the Hamlet-Business Zone is the Cutchogue West School which is improved with the school's main building and outside playgrounds and outside recreational areas. To the south is the Main State Highway and property zoned R-40 Low-Residential. 4. The location of the proposed outside recreational court and lighting is generally north of the existing parking lot with setbacks at not closer than 24 feet from the northerly property line and at least 30 feet from the easterly property line. The lighting is'shown to be at each of the four corners of the volleyball court. 5. It is the position of the Board in considering this application that: (a) the circumstances are uniquely related to the property and there is no method feasible for appellant to pursue other than a variance - particularly since a substantial part of the buildable areas of this parcel consists of "front yards" - that area extending east from Depot Lane and that area extending north from the Main State Highway; (b) the relief is not substantial in relation to the requirements; (c) the relief requested will not cause a substantial effect on available governmental facilities since the areas are not enclosed buildings and is directly related to the main use of the premises (recreational club) and not involving a separate business; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties since the proposed building will be located with an adequate setback and buffer area from the northerly property line at 32+- feet; (e) there will be no adverse undesirable change in the character of the neighborhood or detriment to nearby properties created by the location of the volleyball courts in. the front yard area; (f) the relief sought by applicant cannot be achieved by another method other than an area variance; (g) the proposed variance will not have an adverse effect or impact on the physical or environmental conditions in this neighborhood or zone district; Page 3 - Appl. No. 4157 Matter of DEPOT ENTERPRISES, INC.' Decision Rendered May 11, 1993 (h) the difficulty is related to the uniqueness of the property and is not self-created; (i) the relief requested will be the minimum necessary to afford relief. Accordingly, on motion by Member Dinizio, seconded by Member Wilton, it was RESOLVED, to GRANT the relief as requested under Appl. No. 4157, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the lighting, which is proposed for seasonal playing of volleyball, be out by 10:00 p.m.; 2. That additional screening be added to provide a staggered (or straight) buffer, inside the applicant's property line, for a distance of between 75 ft. and 100 ft. in length; screening shall be with fruit trees (or similar) at planted at a height of three (or four) feet, and maintained in good condition at all times for screening purposes; 3. That the use of the court be for the playing of volleyball and remain accessory and incidental to the main use of the premises in accordance with the Special Exception granted May 2, 1985 under Application No. 3322 for a private recreational club. The use of the volleyball courts may not be operated as a separate business. Vote of the Board: Ayes: Messrs. Dinizio, Wilton and Goehringer. (Absent were: Members Villa and Doyen). This resolution was duly adopted. lk GERARD P. GOEHRINGER,//CHAIRMAN PROJECT I.D. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be coml~leted by AD~)licant or Project sl3onsor) B. IS PROPOSED ACTION: ~ [] New [] Expansion [~ModlflcatlonlaRe~'atlon DESCRIBE PROJECT BRIEF 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately SEQR 8. WILL P OSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~ ~i NO If NO, descrit)e 13ri®fly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial 10. DOES ACTION INVOLVE ERMIT APPROVAl_ OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAl_ STATE OR 12. ~.~ A~,' EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? AS A SULT OF PROPOSED ACTION WILL NO I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO ~FHE BEST OF MY KNOWLEDGE If the action is in the Coastal Area, and you are a state agency, complete t,e Coastal Assessment Form before proceeding with this assessment OVER I -(Conl;inued on ~-eve~'se side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an enviro'nmen~al review will be made by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FO~ ~NSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of th~ action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered NO it is likely that the : project is not significant. (d) Environmental Assessmen~ 1. Will pro~ect result in a large physical change to the project site or physically'alter more than 10 acres of land? __Yes :._. NO 2. Will there be a major change to any unique or un~ual land form On the site? Yes o 3. Will project alter or have a large effect on an.existing body of water? Yes ~NO 4. Will projec~ have a potentially large impact on groundwater quality? .~Yes . No 5. Will project significantly effect drainage flow On adjacent sites? Yes ~No 6. Will project affect any threatened or endangered plant or animal species? Yes ~No 7. Will project result in a major adverse effect on air quality? . Yes ___~Nh 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes 9. Will project adversely impact any site or struct-' ute of historic, pre-historic, or paleontologica~ importance or any site designated as a critical envircamental area by a local .agency? Yes ~No 10. Will project have a m~jor effect On existing or future recreational opportunities? . Yes ~No 11. Will project result in major traffic problems or cause a major effect to existing transportation -' ' systems? ' Yes _~NO 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project,s operation? ~Yes _ NO 13. Will project have any impact on public health or safety? iN ~Yes o 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes period or have a major negative effect on the charact~ of the community or neighborhood? 15. ' Is there public controversy concernin~ the project? ~ % ~, ~reparer's Signature: ~~" ~es ~No QUESTIO~IAIRE 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 s~bject premises and a description of their interests: (Separate sheet may be attached.) B. I~ the su~uject premises liste= on the real estate market ~or - sal~/or being shown to prospective buyers~ ~ ~ Yes {~/} NO. (If Y~S, nl:~sp a~t~,h C_Ot~/ ~Lf'"CO~d_~n~" cf sale. ~ ) D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulkhea=ed b~w~en the wetlands area and the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the Office of the Tow~ Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed %ons~truction at or below five feet above mean sea level? ~ (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, ~ulkheads or fencas which e~t ~d are not ~hu%rn on t-he survey mad that you submitting? ~4/~- If none exist, please state "none." · G. Do you have any construction taking place at this time concerning your premises? If yes, please submit a copy of your building permit and map as approved bv,~he Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? If yes, please explain where or submit copies of deeds."' I. Please list pre~ent use ~r operations conducted at this parcel ~ c~¢~ I~~ and proposed use § 97-13 WETLANDS § 97-13 TOWN ~ The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southoid. [Added 6-5-84 by L.L. No. 6-1984] Y~E'~NDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 b.'r_~T. No. 6-1985]: -,"~ fr ~[DAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet. including but not limited to banks. bogs. salt marsh, swamps, meadows, fiats or other Iow lying lands subject to tidal action; (2) All banks, bogs. meadows, fiats and tidal marsh subject to such tides and upon which grows or may grow some or any of tho following: salt hay, black grass, saitworts, sea lavender, tail cordgrass, high bush. cattails, groundsel, mmrsbm~llow ~ad I~w Bo (3) All Ixud immediately udjacent'to a tidal wetland as defined in Subsection A(2) and lying within Seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESH%VATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24. Ti- tle 1. § 24-0107, Subdivisions l(a) to l(d) inclusive. of the Environmental Conservation Law of the State of New York: and (2) All land immediateh' adjacent to a "freshwater wet- nd. as defined in Subsection B(1) and lying with- in seventy-five (75} feet landward of the most land- ward edge r ,, ,, o. a freshwater wetland. 9705 z-es. ss QUESTIO~AIRE 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 attached.) B. I~ the subject premises listee on the real es=ate market for ~ sat,/or being shown to prosoective buyersO { } Yes {%z9 No. (If Yes, ~]~se i~h c~py cf' ~n~" - "condi~i of sale. ) C. ~re there ar~ ~rrup~ ~n~ ~tter l~nd con tou~? ~/} Yes { } No . ~,~ D. 1. Are there any areas which contain wetland grasses? /J 2. Are the wetland areas shown on the map submitted wi~h this application? 3. Is the property .bulkhea=ed b~w~en the wetlands area and the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the Office of the Tow,~ Trustees for its determination of jurisdiction? ~ 0 E. Is there a depression or sloping elevation near the area of proposed c. onsAtruction at or below five feet above mean sea level? _~ (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fen~as which e~ ~t and are not shown cn the survey map that you submitting? .~- If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? If yes, please submit, a copy of your building permit and"map as approved by~-the Building Department. If none, please state, H. Do you or any co-owner also own other land close to this parcel? If yes, please explain where or submit copies of deeds. I. Please list present use ~r operations conducted at parcel ~.~ c~ C~ I ~-~l~,~.~~ proposed use and 3/87, 10/901k this DISCLOSURE AFFIDAVIT COUNTY OF SUFFOLK) : STATE OF NEW YORK) hi accordance with the requirements of laws pertaining to disclosure of employees and General Municipal Law. I. JOSEPH J. LIZEWSKt. being duly sworn, deposes and says: 1) That I am President of DEPOT ENTERPRISES, INC., the corporation-owner of premises located at. 320 Depot Lane, Cutchogue, New York, identified as 1000-102-2-12.1; and 2) That Depot Enterprises> Inc. is the owner of the, property described in the application presently on file with the Town of Southold and before the Planning Board. Board of Appeals., and Town Board; 3) That I am an elected official, of the Town of Southold; u,) That I am a resident of the Town of Southold with~ residence .at Depot Lane, Cutchogue. New York. 5) That I make this statement for the purposes of disclosure and for record purposes pertaining to my application~ pending in the Town of int rest. ~ c>2~J~/-day of ~[~l.,e . 1994. ~/ ~IDAF. KOWN,,aO v ~lotary Pbblic ~emm~ E~ire~Nov. 30. 19~-~ DISCLOSURE AFFIDAVIT COUNTY OF SUFFOLK) : STATE OF NEW YORK) In accordance with the. requirements of laws per~.ainlng to disclosure of employees and General Municipal Law, I, JOSEPH J. LIZEWSKI, being duly sworn, deposes and says: 1) That' I am President of DEPOT ENTERPRISES. INC.. the corporation-owner of premises located at. 320 Depot Lane, Cutchogue, New York. identified as 1000-102-2-12.1; and 2) That' Depot Enterprises~ Inc. is the owner of the. proper~y described in the application presently on file wi. th the Town of Southold and before the Planning-Board, Board of Appeals~ and Town Board; 3) That I am an elected official, of the Town'of Southold; ~t) That I am a resident of the Town of Southold with' residence .at Depot Lane, Cutchogue, New York. 5) That I make .this statement for the purposes of disclosure and.for records purposes pe~airti~j to. my application~ pending in the Town of Southoldfor wh,ch I have.a financial interest. ~ ~ _~ ~.~'~day of ~ . 199~. ~ ~/~otary P~blic ~m~ ~i~N~. ~, Real Pronertv Tax Service Agency JUDITH T. TERRY, TOWN CLERK Town of Southold Southold, New York 11971 Phone: 516 - 765 -1801 RECEIPT 051020 [] CASH BY: J~HECK --~'~'? -F'-' In the Matter ov the ~etttion of ((L~h~e I~oard of Anueal4 of the Tdwfl hf $oulhold YOU ARE HEREBY GIVEN NOTICE: TO PI~.OP£RT~ Ol, fl4 !~ R I. That h is the Intention ut the undetslsned to petition the Board oF AUlI~alS o~t the TOWn of S~u~hold 2. That the property wh eh Il the subject o~ the Pelltiofl It I~ted adjacent to ~8ut propePty and Is deS* 3. Th3t the ~r~etty w~ch ~e the Iobjecf oF tueh Petltlefl It I~it~ Iff the foll~wl.K toflln~ district: 4 That I?~ ~uch Petlll(m, the undersigned will eequ~t the followln~ retle/t~ ' '; ' ~ S. ThAI the provisions of the Southold Town Zonlnl Code i~lleible ed Iht ~ellel. touRht by the under. ~dlned Ire ~e~e ~ .... .~.- ........... ,.- .... .. . ........ , ........... be f;led ~n ~he SoUthold Town Cletk't O~lee at Main Roid.Soulhold. New York and ~au rely theft aK there ', r~Jmtfle the lime duflflB re&olaf office houri. (516) ~S-1gO9. , ~own of Southold afld. deM~ated fat the publleatl~ eflueh flolle~l that t to Ippeat Mhd be heard it such hea~fl~ . ~ ~ *:~ hh?Y~, ~.,, :[Copy of sketch or plan $howthg PROOF OF MAltING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDR£55 "=~'~693 360 516 .~ceipt for Certified Mail No insurance Coverage Provided Do not use for International Mail (See Reverse) to Whom & Date Delivered Date, and Addres~s Z 693 360 517 Receipt for ,.Certified Mail No Insurance Coverage provided ~ Do not use for tnternationat Mait "°~ ~ See Reverse) ~ tO WhO~ & Date Delivered STATE OF NEW YORK ) ss.: COUNTY OF suFFOLK ) ', being duly sworn, deposes and says that on the ~ of CTo/v6 ,19 ge// 0deponent mailed a true copy of the Notice set forth on the verse side hereof, directed to each of the above-oamed persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresse~ of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-. rice at ; that said Nolices were mailed to each of said persons by (certified) {registered) mail. Sworn to before me this dayof igZ~ ~,~- ~-- ~/~ ' ~qo~ary Public (This side does not have to be completed on form transmitted to adjoining property ownerS.) · t4