HomeMy WebLinkAbout4244.~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
ACTION OF THE BOARD OF APPEALS
Southotd Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
Appl. No. 4244SE.
Application of DEPOT ENTERPRISES, INC. This is a request for a
Special Exception, as amended, to include approval for the location and
use of a proposed addition to the existing principal building located at
320 Depot Lane, Cutchogue., New York. The proposed addition is an
expansion of the existing recreational membership, club and is located in
the Residential-Office ~ RO) Zone District. Property I D No.
1000-102-2-12.1.
WHEREAS. a public hearing was held on June 8. 1994. at which time
persons who desired to be heard were heard and their testimony
recorded; and
WHEREAS. the Board has carefully considered all testimony and
documentation submitted concerning this application; and
WHEREAS, the Board members have personally viewed and are
familiar with the premises in question, its present zoning, and the
surrounding areas; and
WHEREAS. the Board made the following findings of fact:
1. By this application, applicant requests a Special Exception for
a proposed 30 ft, by 60 ft. addition for use as a "weight room" for
exercise and health club activities related to the existing health and
recreation club. all as shown on the June 6. 1994 site plan map prepared
by Anthony W, /ewandowski, Land Surveyor. The setbacks of the
proposed addition are shown to be 92 feet from the westerly front
property llne and 86+- feet to the northerly property line, The number
of parking spaces is shown proposed at 45. There are an existing buffer
between the northwesterly parking area and Depot Lane of approximately
12-1/2 feet in depth and buffer area north of the parking area at
approximately ten (10) feet in depth. The playground area is to be
removed. The frontage of the subject property along the Main Road is
149,39 in length, and along Depot Lane 173.13 feet,
2. The premises at which the subject addition is proposed is known
as 320 Depot Lane (and 29325 Main Road). Cutchogue. NY. contains a
total area of 1,63+- acres, and is located in the Residential-Office Zone
District. The recreational buildin9 is and has been used for health-club
Pa~ 2 - Appeal No. 4244
Decision Rendered June 24, 1994
Matter of DEPOT ENTERPRISES,
INC.
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,)
3, At this time, the main building is under review for a final
Certificate of Occupancy pertaining to a portion of the areas conve~ed
in 1985 from office and/or residential to its present use and pertaining
to the restricted use of the se~ond,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, )
4. Additionally,
(a) this Board finds that the request for an addition to the
recreation center by Special Exception is not improper, based upon the
prior Special Exception jurisdiction in 1985 and Section 100-261 of the
current zoning code {as confirmed by the Building Inspector in his
April 21, 1994 letter}; and
(b) the master plan revisions adopted on January 10, 1989
changed the zoning of the subject premises from "B-Light Business" to
"Residential-Office (RO)," which in effect removed retail and other
commercial uses for establishments created after January 10, 1989;
(c) the legislative body of the Town should enact a new zone
district or zone category which would would allow business properties of
this nature as a recreation center (this type of use was not included in
the new zone district designations, such as HB, RO, LB, B, when
revised under the 1989 Master Plan and Zoning Code),
(d) there has been no substantial change in the dimensions of
the property or size of the buildings since immediately prior to January
1989 or ther~atter which might affect the circumstances of the revised
master plan, or this application;
(e) the surrounding area consists of the followings:
(1) to the north, residences; (2) to the west, Depot Lane and opposite
Depot Lane to the west and southwest, a gasoline.station with auto repair
services and a dwelling, each located in the Hamlet Business Zone
District, (3) to the north of the Hamlet-Business Zone District is the
Cutchogue West School which is improved with the school's main ,building,
outside playgrounds and outside recreational areas; (4) to the south is
the Main State Highway and property zoned R-q0 Low-Density Residential
Zone District.
Page.3 - Appeal No. 4244
Decision Rendered June 24. 1994
Matter of DEPOT ENTERPRISES.
INC.
5. In considerin9 this application, the Board also finds and
determines:
A, That the use will not prevent the orderly and reasonable
use of adjacent properties or of properties in adjacent use districts;
B. 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 adjacent use districts;
C. That the safety, health, welfare, comfort, convenience or
order of the town will not be adversely affected by the proposed use and
its location;
D, That the use will be in harmony with and promote the
general purposes and intent of this chapter (see notations, infra);
E. That the use will be compatible with. its surroundings and
with the character of the neighborhood and of the community in general,
particularly with regard to visibitity, scale and overall appearance;
F. That the building in which the proposed use is hereby
authorized must be readily accessible,for fire and police protection.
G. The Board has also considered subsections A through P of
Article XII. Section 100-26[k of the Zonin9 Code,
Accordingly. on motion by Member Wilton. seconded by
Chairman Goehringer. it was
RESOLVED. that permission is hereby GRANTED for a proposed
30 ft. by 60 ft. addition to the existing health club/recreation center
building, as applied, and SUBJECT TO THE FOLLOWING CONDITIONS:
1. This approval is subject to the owner obtaining all written
approvals from the Southold Town Planning Board. Suffolk County
Department of Health Services. Southold Town Building Department. and
any other agency having jurisdiction thereunder before occupancy.
2. Outdoor lighting must be shielded to the ground and not be
adverse to neighboring areas.
3, Prior actions and conditions of this Board shall remain in full
force and effect.
4, This action shall expire two years from the date of receiving
all agency approvals having jurisdiction for the proposed addition.
Page ~ - .Appeal No. ~2~,~,
Decision Rendered June 2u,, 1994
Matter of DEPOT ENTERPRISES,
INC.
except when a building permit of the Town of Southold for the addition is
in effect and construction activities commenced pursuant to said permit.
Vote of the Board: Ayes: Messrs. Goehringer. Wilton and Dinizio.
(Absent were Members Villa and Doyen.) This resolution was duly
adopted.
Ik
GERARD P. GOEHRI%IGER. CI-JAIRMAN
BOARD OF APPEALS "
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
DATE HOUR
?
APPEALS BOARD MEMBERS
Gerard R Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Rioh.~d C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
NOTICE OF PUBLIC HEARINGS
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
and the Code of the Town of Southold,
hearings will be held by the SOUTHOLD
to Section 267 of the Town Law
that the following public
TONN BOARD OF APPEALS~ at the
Southold Town Hall, 53095 Main Road, Southold, New York 11971, on
WEDNESDAY~ JUNE 8~ 1994~ commencing at the times specified below:
1. 7:30 p.m. Appl. No. 4235 KlM FALLON and CYNTHIA SUTRYK.
(Hearing Continued from May 4, 1994) This is a request for a variance
based upon the April 4, 1994 Notice of Disapproval from the Building
Inspector to locate accessory building in the front yard area.
Location of Property: 3200 Soundview Avenue, Mattituck, NY; County
Tax Map Parcel 1000-94-2-5.
2. 7:35 p.m. Appi. No. 4234 - ALEX AND MARION NIPF. (Hearing
Continued from May 4, 1994). This is a request for a variance under
Article Ill, Section 1OO-33C for permission to locate an accessory
garage with a frontyard setback at less than the required 40 ft.
front yard setback. This parcel is nonconforming with a lot area of
approximately 22,000 sq. ft. and frontage of 118 ft. Location of
Property: 940 Nest Creek Avenue, Cutchogue, NY; County Tax Map
Parcel No. 1OOO-103-13-7.
Page 2 - Notice of Hearin
Southold Town Board of Appeals
Regular Meeting of June 8. 1994
3- 7:40 p.m. Appl. No. 4246 - LKC CORP. and JASTA~ INC. This is
a request for a Special Exception for permission to establish a
drinking establishing use as listed under Article XI, Section IOO-101B
in an existing principal building. The subject premises is
nonconforming with a lot area of approximately one-half acre and 115+-
ft. frontage along the north side. of the Main Road and is located, in
the B-General Business Zone District. Property Address: 6955 Main
Road, Laurel, NY; County Tax Map No. 1OOO-122-6-36.
4. 7:50 p.m. Appl. No. 4245 - GEORGE AND SUSAN TSAVARIS. This
a request for a variance under Article XXIll, Section 1OO-239.4A
for permission to locate swimmingpool with fence enclosure within
1OO feet of the bluff of the Long Island Sound, Location of
Property: 2170 The Strand, Lot 111 at Pebble Beach Farms~ East
Marion, NY; Parcel ID No. 10OO-30-2-53.
5- 7:55 p.m. Appl. No. 42445E - DEPOT ENTERPRISES~ INC. This is a
request for a Special Exception, as amended, to include approval for
the location and use of a proposed addition.to the existing principal
building located at 320 Depot Lane, Cutchogue, New York. The proposed
addition is an expansion of the existing recreational membership club
and is located in the Residential-Office (RO) Zone District.
Property ID No. 1000-102-2-12.1.
Page 3 - Notice of Hearinl
Southold Town Board'of Appeals
Regular Meeting of June 8. 1994
6. 8:05 p.m. Appl. No. 4249 - SANFORD AND SUE HANAUER. This is a
request for a Special Exception to establish and operate a Bed and
Breakfast in accordance with the provisions of the zoning, code at
Article Ill, Section 1OO-31B(15), with owner-occupancy, and as an
accessory to the existing principal residence. Location of Property:
4105 Soundview Avenue, Mattituck, NY; County Tax Map Parcel No.
lO00-94-3-part of 1.7, also known and, referred.to as Lot No 2 on the
Subdivision Map of Robert and Jean Lenzer.
7. 8:10 p.m. Appl. No. 4240 - JOHN CROKOS. This is a request for a
variance under Article XXIX, Section 100-239.4A based upon the May 4,
1994 Notice of Disapproval from the Building Inspector for permission
to locate swimmingpool with fence enclosure within 1OO feet of the
bluff along the Long Island Sound. This property was the subject of
prior Appeals under Appl. No. 4204 as rendered 12/8/93 and Appl. No.
4140 as rendered 2/23/93. The subject premises is improved with a
single-family dwelling and contains an area of approximately 40,000
sq. ft. (total lot area). Location of Property: 2110 Grand View
Drive, Orient, NY; Lot No. 7 on the Map of Grand View Estates; County
Tax Map Parcel No. 10OO-14-2-3.11.
8. 8:15 p.m. Appl. No. 4241 RICHARD LAN.. This is a request for a
variance under Article ILIA, Section 100-3OA.4 (ref. Article Ill,
Section 100-33) based upon the May 4, 1994 Notice of Disapproval from
the Building Inspector in a building permit application to construct
Page u~ - Notice of Heari
$outhold Town Board of Appeals
Regular Meeting of June 8, 1994
pool and deck in the front yard area, as an accessory use. Location
of Property: 230 Bridge Lane, Cutchogue, NY; County Tax Map Parcel
No. 1000-111-15-1.4 and 1.5 (Tax Map Parcel No. 1.4 totals 2.478 acres
and Parcel No. 1.5 totals 1.088 acres). The subject premises is
located in an R-40 Low-Density Residential Zone Oistrict.
9- 8:20 p.m.
a request for
100-31C (ref.
Appl. No. 4243 - MOORE'S LANE HOLDING CORP. This is
a variance under Article V Section 1OO-53B, Section
Section 1OO-33), and Section 1OO-231, based upon the
May 4, 1994 Notice of Disapproval from the Building Inspector for
permission to locate accessory uses (tennis court, swimmingpool and
pool clubhouse) in an area other than the required rear yard,
tennis-court fencing at a height of more than four feet when
in a front yard area. Location of Property: 475 Cedarfie]ds
Greenport, NY; County Tax Map Parcel No. 1000-40-5-1.42.
premises is located in the Hamlet-Density Zone District.
and with
located
Drive,
The subject
10. & 11.
Property:
Parcel No.
lot area
8:25 p.m. TONY AND MARIA KOSTOULAS. Location of
1035 Aquaview Avenue, East Marion, NY; County Tax Map
1000-21-2-13. This property is nonconforming as to total
in this R-40 Zone District.
Appl. No. 4098 - (Continued Hearing) This is a request for a
variance under Article XXIll, Section 1OO-239.4 for approval of a
deck extension located within 1OO feet of the bluff of the Long
Page 5 - Notice of Hearir
Southold,Town Board of Appeals
Regular Meeting of June 8. 1994
Island Sound;
Appl. No. 4248 - This is a request for variance under Article
IliA, Section 100-30A.3 for approval of a deck addition with
insufficient side yard setbacks.
12. 8:35 p.m. Appl. 4247 - HUGH T. and CAROL L. CONROY. This is a
request for a Special Exception.to establish an Accessory Apartment in
conjunction with the owner's occupancy within existing residence as
authorized under Article Ill, Section lO0-3OA,2B and Section
1OO-31B(14) of the Zoning Code. Location of Property: Westerly side
of Gin Lane, Southold, NY; also referred to as Lot #2 on the
Subdivision Map of Bay Haven filed in the Suffolk County Clerk's
Office as Map 2910; further identified on the County Tax Maps as
1OOO-88-3-6.
13. 8:55 p.m. Appl. No. 4239 - MARGARET BEST and ADYLYN SYVERSON~
This is a request for a variance under Article IliA, Section 1OO-3OA,1
based upon the May 2, 1994 Notice of Disapproval by the Building
Inspector for approval of the proposed insufficient lot area and
insufficient lot width of proposed Parcels #1 and #2. Location of
Property: Private Road #17 extending off the easterly side of Camp
Mineola Road, Mattituck, NY; County Tax Map Parcel No. 1000-123-6-17
The subject premises contains a total lot area of approximately 1.2
Page 6- Notice of Hearin~
Southold Town Board-of Appeals
Regular Meeting of June 8, 1994
acre(s) in total area and is located in the R-40 Low-Density
Residential Zone District.
The Board of Appeals will at said time and place hear any
and all persons or representatives desiring to be heard in the
above 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 do not
hesitate to call 765-1809 or visit our office.
Dated: May 23, 1994.
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
X
TOWN OF SOUTHOLD, NEW YORK
APPLICATION FOR SPECIAL EXCEPTION
TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK:
MAY 9 994
South~ld Town Clerk
Application No. ~
Date Filed: ~/q/~
esidence~ ~Fouse No. and Street)
~naml:~, Stat~, Zip Code, Telephone Number)
hereby apply to THE ZONIN~ ~OARD OT APPEALS fur a SP[CIAL EXCEPTION in accordance with
the ZONING ORDINANCE, ARTICLE ~Xv~ , SECTZON , SUBSECTION
for the below-described property for the following uses and purposes (and as shown on
the attached plan drawn to scale):
~:: :nd Interest.
property~n and r~~:~ :~/~o~--[~>'[~,is(are'~ the owner{s) of
iL (House NO., Street, Hamlet)
identified on the'Suffolk County Tax Maps as District lO00, Section [0~, Block ~ ,
Lot(s) t~ ] , which is not (is) on a subdivision Map (Filed ,
"Map of "Filed Map No. ,
and has been approved by the Southold Town Planning Board on
. a's a [Minor] [Major] Subdivision).
The above-described property was acquired by the owner on
B. The applicant alleges that the approval of this exception would be in harmony with
the intent and purpose of said zoning ordinance and that the proposed use conforms to
the standards prescribed therefor in said ordinance and would not be detrimental
property or persons in the neighborhood for the following reasons:
C. ~he proporty ~hich ~s the subject of tMs application is zoned /. ¢~_y6 and
[~] 5~ co~en* ~th the use(s) described ~n the Certificate of Occupancy be~n~
furnished herewith.
[ ] ~s not consistent ~th the Certificate of Occupancy bein~ furnished herewith
for the fo]lO~n~ reason(s):
[ ] is vacant land.
COUNTY OF.~UFFOLK)
STATE OF NEW YORKi ss.:
Sworn to before me this ~/7~?ay of ~Z4~
(N~tary Public~
ZB2 (rev, 2/6/86)
/~'~'~):'-~e-.~-,2., TOWH OF, SOUTHOLD PROPERTY RECORD?C,~RD
OWNER STREET "~_~q ,.~ VILLAGE DIST, SUB. LOT
, S , W ~[~f~ ~H~ - TYPE OF BUILDING -'
.~s. - s~s. w, , ,~.~ ', c0~
~ND ,~. TOTAL DATe.
FARM Acre Value Per Value /
Swampland FRONkAGE ON WATER
~ / -~ ,:. , / DEPTH
~ : ~'~ . BULKH~D
- EC-~o, ooO,
COLOR
, TRIM
r
Extens?on
Breezewe,
Patio
.~? ~ ~ ~ / Foundation
3asement
Walls
;ire Place
Roof
Room
Bath
Floors
interior Finish
Heat
Rooms I st Floor
Rooms 2nd Floor
Driveway
LAURY L. DOWD
Town Attorney
F.?OM: TOWN ~4TTORN EY
RE: ~ PLAN FOR DEPOT ENTERPRISES
DATE: APRIL 11, 199~
Town Hall. 53095 Main Road
P. O. Box 1179
Southold, New Yod( 11971
Fax (516) 765-1823
Telephone (516) 765-1800
The Planning Board has been asked to review certain amendments to a plot
plan for Depot Enterprises, However, prior plot plan approval has been
pending for several years now, and has never been completed, Rather than
amend a plot plan that has not yet even been approved, I suggest that we get
the pending plot plan approved and then consider the amendment,
You raised two primary questions in considering the pending plot plan
approval, First, is the site large enough for the uses thereon? Second, is
the private membership health club not for profit?
The property is zoned RO. RO zones allow special exceptions provided that
not more than one (1) use shall be allowed for each ~t0,000 square feet of lot
area. In 1985 the Zoning Board approved a special exceptlon and variance for
the health club on the property. Your memo says that at that time there were
three uses on the property (two residences and the recreational use), so three
uses' were permitted on the 1.6 acres. Now there are four uses per your
memo. The 40,000 square foot requirement was adopted in 1989. Any use
that predated the requirement would be grandfathered against subsequent
imposition of it.
The special exception in the RO zone applies to membership clubs subject to
the requirement in Section 100-31(B)(7)(c) that such use not be conducted for
profit as a business enterprise. This was a requirement when the ZBA
approved the special exception, but a review of the ZBA files show that this
was not an issue discussed in applying for or granting the special exception.
It was not made a condition of the approval. While this decision might have
been challenged (as not being consistent with the code) at the time, the time
for such challenge has long since lapsed and the club has the special
exception and setback variance for not for profit recreational activity.
The above analysis, applicable to the pending proposed plot plan, might not
be made applicable to the future amendments to the plot plan. A possible
alternative to trying to proceed under ~the RO zone would be to suggest the
applicant seek a rezone. In the B zone
allowed as a special exception under Section
I~0,000 square foot requirement per use.
a for-profit recreation club is
100-101(B)(6), and there is no
Please feel free to discuss this with me when you've had a chance to consider
these concepts,
GAlL S, SHAFFER
SECRETARY OF STATE
STATE Of NEW YORK
DEPARTMENT OF STATE
ALBANY, NY 12231-0001
April 29, 1994
CHARLES R. CUDDY
ATTORNEY AT LAW
180 OLD COUNTRY ROAD (RTE 58)
PO BOX 1547
RIVERNEAD, NY 11901
Dear Mr. Cuddy:I
RE: Petition NO. 385-86-52
Village Commons
Main Road, Cutchogue, NY
Thank you for your recent letter in regard to the above petition. You also
provided two sets of drawings and a statement regarding construction from the
architect dated April 14, 1994. You ask if we would review this material and
advise if it meets our approval. Please note the enforcement of the Uniform Code
and any decision of our Board of Review is under the jurisdiction of the local
code official, not the Department of State.
I will, however, provide an opinion of your submission in regard to the
Boards decision on this case, copy attached. After reviewing the decision, I
find the Board only varied the ceiling heights on the first floor, conditioned
on the inst~llation of a smoke and fire detecting system connected to a central
station, l~he Board denied the second floor request outright. The Board denied
the accessibility request with the provision that a residential elevator would
be acceptable with certain requirements. The drawings submitted show none of the
features required by the Board decisions~ I suggest the drawings reflect the
conditions of the Board and be submitted to the local code official for their
review for the corridor and elevator.
In regard to the second floor, no variance was granted. You are not
precluded from filing a new petition for Section 705.4a-Table VII-705 provided
the request is not identical to 385-86-52. I note the conclusions of law
regarding the second floor described the absence of proper alternatives as well
as undersized loading.
Sincerely,
.
Codes Division
RJA:rr
cc: Building Dept./
Town of Southold
STATE OF NEW YORK:
STATE OF NEW YORK
DEPARTMENT OF STATE
ALBANY, N.Y. 12231-0001
DEPARTMENT OF STATE
HAUPPAUGE UNIFORM CODE BO~_RD OF REVIEW
In the Matter of the Petition of:
Village Commons, Inc., by Joseph J. Lizewski
For a Variance or Appeal with Respect to
the New York State Uniform Fire Prevention
and Building qode
DECISION
PETITION NO. 385-86-52
Upon th~ application of Village Commons, Inc., by Joseph J. Lizewski,
filed pursuant to 19 K~CRR 440 on December 1, 1986, and upon taking testimony
and hearing argument thereon at a duly noticed hearing before the Hauppauge
Uniform Code Regional Board of Review held at the Hauppauge State Office
Building, Veterans Memorial Highway, Hauppauge, New York, on January 22, 1987,
and upon all other papers in t~is matter, the Board makes the following
determination:
NA-~JRE OF GIIIEVB_NCE AND R~IEF SOUGHT
The petition concerns the Village Commons Health and Raquet Club in
Cutchogue, New York, for use as a health and recreation facility. Petitioner
seeks variances from 9 k~R Section 705.4a (Table VII-705) to permit a
two-story wood frame structure of C5 occupancy classification, Section 765.2a
to permit a ceiling height of 7'-3" in corridors on the first floor, Section
ll00.1a to permit no ex=erna! or internal accessibility routes for physically
P~titicn No. 385-86-52
Page 2
handicapped persons and to permit public spaces to be inaccessible and
unusable by physically handicapped persons, an$ Section 1100.2 to permit no
exterior accessible route for physically handicapped persons to the principal
entrance of the building.
FINDINGS OF FACT
1. The project involves the construction of a two-story additio~ to an
existing two-story building with basement,°both of Type 5 construction. The
addition is of C5 occupancy having a maximum single floor area of 3,800 square
feet and a cumulative gross floor area of 9,000 square feet, located outside
fire limits at Depot Lane, Cutchogue, New York.
2. A building permit was issued on December 24, 1985, with an upper
level for use' as an attic space only.~ Construction was performed on the upper
level without approval of the Building Department. The finished upper floor
houses exercise areas in which there are exercise machines. The design for
the upper level uses trusses having a total dead and live load of one hundred
pounds.
3. Installation of duct work inadvertently reduced the ceiling height of
the first floor common corridor areas to 7'-3" from the required 7'-6". An
integrated smoke- and fire-detection system is included for the entire
building, sctivation of any one alarm causes all alarms to sound throughout
the building.
,' P&tition :Jo. 385-86-52
Page
4. No internal accessible route exists to allow physically handicapped'
persons a:cess to the basement or second level ~paces. The saunas, steam
room, and shower areas of the first floor are not accessible to physicmlty
handicapped persons. Petitioner proposes a.chair rail lift to achieve
accessibility for the first level and basement.
5. An external ramp was proposed for the main entrance on the ~est side
of the building. To date the ramp has not been installed.
CONCLUSIONS OF LAW
!. No alternatives have been offered to insure safety on the upper level
of the structure. A variance to Section 705.4a permitting a two-story wood
frame st racture of public assembly use, given the underdesigned load
requirements 'for the upper story, would adversely affect health, safety, and
security.
2. ~he integrated smoke- and fire-detection system is an alternative
whick insures the achievement of the intended objective of Section 765.2a.
3. As an alternative, the chair rail lift proposed fails to achieve
compliance with Section l!00.1a. No other alternatives have been offered in
lieu of accessibility to the saunas, steam room, shower areas and raquetbatl
Courts proper.
for
the
The initial proposal of a ramp on the drawinEs
P~tition No. 385-86-52
Page 4
Building Permit clearly demonstrates that compliance with Section 1100.2 can
be achieved. ,
DETERMINATION
WHEREFORE IT IS DETERMINED that the application for a variance to 9 NYCRR
705.Aa (Table VII-705) be and hereby is denied. If the petitioner intends to
use the second floor for public assembly use, he may reappear before this
Board with a new design showing am increas6d load rating of the upper level
floor to meet Code requirements, alternatives for loss in fire safety, and
accessibility via a residential elevator.
IT IS FURTHER DETERMINED that a variance to 9 N~CRR 765.2a to permit a
7'-3" ceiling height in the common corridor on the first floor is granted
based on the conditions that the smoke and fire detection system be connected
to a central alarm station in conformance with Sections 1060.3a and 1060.3c;
that me-nual pull stations, emergency lights, and exit signs be installed in
conformance with the Uniform Code; and that the furnace room located in the
basement level be enclosed and provided with fresh air as required by the
Code.
IT IS FURTHER DETEkMINED that variances to 9 ~CRR ll00.1a and 1100.2 be
and hereby are denied provided, however, that inte.--nal accessibility may be
achieved by instglling a residential elevator to the basement level and the
first floor within six months after the Certificate of Occupancy is issued.
The residential elevator must sustain a load of 700 pounda and contain the
Petition No. 385-86-52
Page 5
following equipment: a roll-through door (two doors, one front and one back),
an electric alarm bell, an emergency light, an.automatic gate closer, and a
backup light and alarm. ~ne raquetball courts on the basement level must be
accessible. The saunas, steam room, and toilet areas, including showers, in
the first floor locker rooms must he accessible and usable.
The decision of the Board is limited to the specific building and
application before it, as contained within the petition, and should not be
interpreted to give implied approval to an~ general plans and specifications
presented in support of the application.
Chairman John C. Bace and members Emil Stein and Robert J. Ear!ey concur.
Members Hugh Jay Gershon and Stanley Greenwald were absent.
So ordered.
Ha~ppauge Uniform Code Board of Review
By: Jo~n C. Bace, Chairman
Date: ~l~;i .
PLANNING BOARD MEMBERS
Richard G. Ward, Chairman
George Ritchie Latham, Jr.
Bennett Oflowski, Jr.
Mark S. McDonald
Kenneth L Edwards
Town Hall, 53095 Main Road
P. O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
July 11, 1995
Charles R. Cuddy
Attorney at Law
180 Old Country Road
P.O. Box 1547
Riverhead, NY 11901
(Rte. 58)
RE:
Proposed site plan for Dr. Joseph Lizewski
Depot Lane, Cutchogue
Zoning District: Residential Office (RO)
SCTM#1OOO-102-2-12.1 & 11
Dear Mr. Cuddy:
If you plan to withdraw the above application, as you have
indicated in your letter of duly 8, 1995, the site must be
modified to cbnform to the plan approved on duly 19, 1985. This
would require the removal of certain improvements that were
installed since that time.
It is to your clients advantage to amend the existing plan that
is before this Board as he has already paid the fee. If the plan
is withdrawn and an amended plan is subsequently filed to bring
the site in conformance with present conditions a new
application and fee will be required.
Approval is required from the Suffolk County Department of
Health Services for the existing use of the Health Club before
any possible final site plan approval can be granted.
f you have any questions, or
se//~tact this office.
Cha i rman
require further
information,
CC:
Gerard P. Goehringer, Chairman, Zoning Board of Appeals
Thomas Fisher, Senior Building Inspector In Charge
Laury Dowd, Town Attorney
Edward Forrester, Town Investigator
Town Board
en¢.
LANNING BOARD MEMBERS
Richard G. Ward. Chairman
George Rilchie Lalham, Jr.
BenneH Orlowski. Jr.
Mark S. McDonald
Kennelh L. Edwards
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Town Ha11,53095 Main Road
P. O. 8ox 1179
$oulhold, New York 11971
Fax(516) 765-3136
Telephone (516) 765-1938
June 19, 1995
Dr. Joseph L;zewski
Depot Lane
Cutchogue; NY 11935
RE:
Proposed site plan For Dr. Joseph
Depot Lane, Cutchogue
Zoning Distr~ct: Residentlai OFF
SCTM#10OO-]02-2-~2.1 & 11
Lizewski
ce (RO)
Dear Dr. Lizewski:
Please indicate to this Board in writ ng your intentions with
regard to your site plan application.
If you p}an to withdraw the application, the site must conform
to the plan approved on July )9, 1985.
IF you wish to retain the existing conditions at the site, an
amended site plan must be filed, reflecting the changes that
have occurred since the plan was approved on July 19,t985.
1. Volley ball court and elevator structure must be shown.
2. Show al uses permitted by the Zoning Board of Appeals.
3. Show ex sting storage buildings on the site.
4. Show change in parking.
5. Place New York State license seal and signature of
~icensed surveyor or civil engineer on the plan.
In addition to the above, we were informed by Mr. Craig
Knepper of the Suffolk County Department of Health Services
that you have never applied For, or received, Health Department
approval For the Health Club use. Please have the amended site
plan stamped and approved by the Health Oepartment.
IF you have any question,
con_t ac t/'t h i s office.
~'~Ri~¼ard g. Ward Cba i rman
or require further information, please
CC:
Gerard P. Goehringer, Chairman, Zoning Board of Appeals
Thomas Fisher, Senior Building Inspector In Charge
Laury Dowd, Town Attorney
Edward Forrester, Town Investigator
Town Board
LAURY L. DOWD
Town Attorney
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
MEMORANDUM
TO:
FROM:
RE:
DATE:
PLANNINC BOARD CHAIRMAN
TOWN ATTORNEY
SITE PLAN FOR DEPOT ENTERPRISES
APRIL 11, 1994
Town Hall. 53095 Main Road
P. O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
The Planning Board has been asked to review certain amendments to a plot
plan for Depot Enterprises. However, prior plot plan approval has been
pending for several years now, and has never been completed. Rather than
amend a plot plan that has not yet even been approved, I suggest that we get
the pending plot plan approved and then consider the amendment.
You raised two primary questions in considering the pending plot plan
approval. First, is the site large enough for the uses thereon? Second, is
the private membership health club not for profit?
The property is zoned RO. RO zones allow special exceptions provided that
not more than one (1) use shall be allowed for each ~0,000 square feet of lot
area. In 1985 the Zoning Board approved a special exception and variance for
the health club on the property. Your memo says that at that time there were
three uses on the property (two residences and the recreational use), so three
uses were permitted on the 1.6 acres. Now there are four uses per your
memo. The q0,000 square f~ot requirement was adopted in 1989. Any use
that predated the requirement would be grandfathered against subsequent
imposition of it.
The special exception in the RO zone applies to membership clubs subject to
the requirement in Section 100-31(B)(7)(c) that such use not be conducted for
profit as a business enterprise. In 1985, when the special exception was
approved, there was no specific use listed for commercial recreational
facilities. They were generally allowed in retail areas. When the ZBA
granted the special exception, the business was in a B-Light Business Zone.
Thus no special consideration was given to the non-profit aspect of the
membership club special exception. Non-profit status was not made a condition
of the special exception approval. When the zoning changed to RO, the
special exception became a preexisting nonconforming use.
Planning Board
April 11, 1994
Page 2
The above analysis, applicable to the pending proposed plot plan, might not
be made applicable to the future amendments to the plot plan. A possible
alternative to trying to proceed under the RO zone would be to suggest the
applicant seek a rezone. In the B zone a for-profit recreation club is
allowed as a special exception under Section 100-101(B)(6), and there is no
40,000 square foot requirement per use.
Please feel free to discuss this with me when you've had a chance to consider
this memo.
cc: Gerard P. Goehringer, Chairman, Zoning Board of Appeals
Building Department
Town Haiku5 ~_ ~d~., ain Road
SoUthold, h~Od{ 1::, ~ 1971
April 21. 199~
Fax (516) 765-1823
Telephone (516) 765-1802
OFFICE OF THE BUILDING INSPECTOR
TOWN OF SOUTHOLD
Joseph J. Lizewski. D.D.S.
Depot Enterprises. Inc.
Depot Lane S Main Road
Cutchogue. NY 11935
Re: Building Permit Application for a New Addition
1000-102-2-12.1 (exclusive of Lot 11}
Dear Dr. Lizewski:
After reviewing the Board of Appeals~' records pertaining to your
premises located along Depot Lane and the Main, Road. I find that the
principal use of this. property as a recreational~ club was approved
under the B-Light zoning use in effect in 198S when the building
permits were issued and pursuant to the Special- Exception issued by
the Board of Appeals. The use. having said' approvals~ would
continue under the current code regulations ~ as a Special, Exception
rather than a nonconfoming use; ref. Section 100-261 of the Zoning
Cede which reads, in part:
...There is hereby created a category of land use
approval to be known as "special exception uses,"
Said uses may not be con~enced, created, undertaken,
carried out, or thereafter maintained~ or
substantiaily expanded without~ a special exception
approval first having been obtained therefor; which
special exception approval shall be granted for the
use by the Zoning Board of Appeals according to the
provisions for the. particular special exception use
set forth' in this Article or elsewhere in this
chapter. Any land use, including the erection,
construction ...shall be a special exception use ...
required a special exception approval if the text of
thls chapter or the use schedule hereof denotes the
use as being either the subject of a special exception
use or simply a special exception use ....
J(~epl~ J. L'izewski, D.D
· April 21. 1994
Since there has been no change pertaining to this particula~
use. it is our recommendation that you contact the Board of
Appeals directly- as to whether or not that board would~ require
an amendment under the 1985 Speciat Exception. if appli~d31e,
Therefore. a variance under the use provisions ~ of the Zonin~j
Code will not be necessa~/ for the proposed additien. It is
important, however, to reiterate that all other code
regulations~ including the N.Y.S. Fire and,Building Code.
will. of course, apply;
CC:
Very truly yours.~
Sr. Building Inspector
Laury Dowd. Town Attorney
R, Ward. Chairman~ Town-Plannin~j Board
G. (;eehringer. Chairman. Town Zoning Board of Appeals
Town Hall, 53095 Main Road
P. O. Box 1179
Southold, New Yonk 11971
Fax (516) 765-1823
Telephone (516) 765-1802
April 21. 199q
OFFICE OF THE BUILDING INSPECTOR
TOWN OF SOUTHOLD
Joseph-J. Lizewski. D.D.S.
Depot Enterprises. Inc.
Depot Lane ~; Main Road
Cutchogue, NY 11935
Re: Building Permit Application for a New Addition
1000-102-2-12.1 (exclusive of Lot 11)
Dear Dr. Lizewski:
After reviewing the Beard of. Appeals' records pertaining to your
premises located along Depot Lane and the Main. Road. I find that the
principal use of this. property as a recreationa~ club was approved
under the B-Light zoning use in effect in 1985 when the building
permits were issued and pursuant to the Special Exception issued by
the Beard of Appeals. The use. having said approvals~ would
continue under the current code regulations, as a Special~ Exception
rather than a nonconforming use; ref. Section 100-261 of the Zoning
Code which reads, in part:
...There is hereby created a category of land use
approval to be known as "special exceptfon uses;"
Said usesmay not be commenced, created, undertaken,
carried out, or thereafter maintained~ or
substantially expanded without~ a special exception
approval first having been obtained therefor; which
special exception approval shall be granted for the
use by the Zoning Board of Appeals according to the
provisions for the. particular special exception use
set forth~ in this Article or elsewhere in this
chapter. Any land use, including the erection,
construction ...shall be a special exception use ...
required a special exception approval if the text of
this chapter or the use schedule hereof denotes the
use as being either the subject of a special exception
use or simply a special exception use...
~Joseph J. Lizewski. D.D,
April 21. 1994
Since there has bean no change pertaining to this particular
use. it is our recommendation that you contact the Board of
Appeals directly, as to whether or not that board would~ require
an amendment under the 1985 Speciar Exceptim3. if applicable,
Therefore. a variance under the use provisions, of the Zoning
Code will not be necessary for the proposed additien. It is
important, however, to reiterate that all other code
regulations; including the N.Y.S. Fire and, Building Code.
will. of course, apply;
Very truly yours.
cc:
Thomas H. Fisher
Sr. Building Inspector
Laury Dowd. Town Attorney
R. Ward. Chairman; Town-Planning Board
G. Goehringer. Chairman. Town Zoning Board of Appeals
Town Hall, 53095 Main Road
P. O. Box 1179
Southold, New Yod( 11971
Fax (516) 765-1823
Telephone (516) 765-1802
April 21. 199q
OFFICE OF THE BUILDING INSPECTOR
TOWN OF SOUTHOLD
Joseph J. Lizewski. D.D.S.
Depot Enterprises. Inc.
Depot Lane & Main Road
Cutchocjue. NY 11935
Re: Building Permit Application for a New Addition
1000-102-2-12.1 {exclusive of Lot 11!
Dear Dr. Lizewski:
After reviewing the Board of Appeals~ records pertaining to your
praises located along Depot Lane and the Main Road. I find that the
principal use of this property as a recreational-club was approved
under the B-Light zoning use in effect in 1985 when the building
permits were issued and pursuant to the Special Exception issued by
the Board of Appeals. The use. having said· approvals, would
continue under the current code regulations as a Special. Exception
rather than a nonconforming use; ref. Section 100-261 of the Zoning
· Code which reads, in part:
...There is hereby created a category of land use
approval to be known as "special exception uses."
Said uses may not be commenced, created, undertaken,
carried out, or thereafter maintained~ or
substantially expanded without a special exception
approval first having been obtained therefor~ which
special exception approval shall be granted for the
use by the Zoning Board of Appeals according to the
provisions for the particular special exception use
set forth, in this Article or elsewhere in this
chapter. Any land use, including the erection,
construction ...shall be a special exception use ...
required a special exception approval if the text of
this chapter or the use schedule hereof denotes the
use as being either the subject of a special exception
use or simply a special exception use ....
Joseph J. Lizewski.
April 21, 1994
Since there has been no change pertaining to this particular
use. it is our recommendation that you contact the Board of
Appeals directly as to whether or not that board would, require
an amendment under the 1985 Special Exception. if applicable,
Therefore. a variance under the use provisions 'of the Zonin(j
Code will not be necessary for the proposed addition. It is
important, however, to reiterate that all other code
regulations, including the N.Y.S. Fire and Building Code.
will. of course, apply.
CC.'
Ver~ truly~yours. /~
Thomas ~Sher
Sr. Building Inspector
Laury Dowd. Town Attorney
R. Ward. Chairman. Town Planning Board
G. Goehringer. Chairman. Town Zoning Board of Appeals
PLANNING BOARD MEMBERS
Richard G. Ward, Chairman
George Ritchie Latham, Jr.
Bennett Orlowski, Jr.
Mark S. McDonald
Kenneth L. Edwards
To:
From:
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Gerard P. Goehringer, Chairman
Zoning Board of Appeals
Richard G. Ward, Chairman ~
Town Hall, 53095 Main Road
P. O. Box 1179
Southold, NewYork 11971
Fax (516) 765-3136
Telephone (516) 765-1938
Re:
Request for Planning Board comments on proposed addition for
Depot Enterprises, Inc., Rt. 25, Cutchogue
Date: May 25, 1994
In response to your request, this Board had requested a site plan in its letter to Dr.
Lizewski dated April 20, 1993. A paid application was received on June 21, 1993,
and an additional fee for the second expansion was received on April 11, 1994.
However, the attached letter to the applicant dated April 19, 1994, requesting
changes/additions to the site plan has not been responded to as of this date.
This Board is not in agreement with the Senior Building Inspector's memorandum
of April 21, 1994, in which he recommends that the applicant contact the Appeals
Board for an amendment of the May 2, 1985 Special Exception.
It is this Board's position that the above use is a preexisting, non-conforming use
and will require a variance, not an amendment to the Special Exception for the
following reasons:
The Special Exception that was granted on May 2, 1985, for a private
membership club refers to Article III, Section 100-30- 03) 6 and Article
VI, Section 100-60 03) 1 (a) of the 1985 Town Code. Section 100-60 is the
Light Business section of the code (the property was zoned LB in 1985)
and it refers to Section 100-30 for Special Exceptions. The Special
Exception referred to is for an annual membership club that shall not be
conducted for profit as a business enterprise. However, Dr. Lizewski
indicated verbally on April 7, 1994 that, "this is a business and has always
been a business."
Page 2
Depot Enterprises, Inc.
May 25, 1994
In addition, the Special Exception noted in Section 100-30, which was
referred to by the Appeals Board on May 2, 1985, contains five conditions.
One is that the club not be conducted for profit. Another is that the use
must have three acres. These two conditions were ignored. A third con-
dition, that which required a 50 foot setback from a lot line, was amended
by the issuance of a variance (#3350). See attached copy of code which
was in effect in 1985.
It is dear to thig Board that the best solution to thig situan__Zon is for the
applicant to appl~ for a change of zone. This option has been discussed
with Dr. Lizewski.
In addition to the above, the Board is concerned with the following outstanding
issues:
Attached is the temporary Certificate of Occupancy issued on
November 6, 1987, which states that it is good only for the life of the
building permit. The building permit is dated December 24, 1985 and with
an extension it would have expired in 1987.
The temporary C.O. indicates that the second floor is non-habitable.
However, the second floor is presently in use.
At the time of this temporary C.O., health, underwriters, and plumbers
certifications were pending. We made an inquiry to the Building
Department to determine if any or all of these conditions still exist.
In April, the Building Department indicated that the matter would be
researched. However, to date we have not received a response.
The uses indicated on the site plan approved on July 19, 1985, show two
residences and a proposed recreation building. As far as we can
determine, the present uses axe 3 dentists, a health club, Umbrella Home
Care Service, and a residence: a total of four uses. The code permits one
use for every 40,000 square feet in this Residential Office District. The
property is approximately 1.6 acres. The additional uses were established
after the plan was approved. See attached copy of approved plan.
If we apply prior interpretation by the Zoning Board of Appeals concerning
Petrol Stations to this property, it appears that there is insufficient land use
for these uses.
Page 3
Depot Enterprises, Inc.
May 25, 1994
The property card shows that the property was split by deed on February
2, 1978 without planning subdivision approval. See attached property card.
Attached are your memo's concerning the interpretation of the number of
uses permitted in Residential Office district.
I will be happy to meet with you at your convenience to review this
material, but as stated previously the best approach for the applicant is for a
change of zone to a business classification.
enc.
TEHPORARY C.O.
Certificate O} Occupancy
l~ Z16374 November 6 1987
o .................. Date ,
THIS CEP, TIFIES that the building Recreation Center
Location of Property 320 Depot Lane Cutchogue
House No. Street Ham/et
County Tax Map No. I000 Section ...I. 0..2 ...... Block 02 .Lot 0 12. I
Subdivision ............................... Filed Map No ......... Lot No ..............
conforms substantially to the Application for Building Permit heretofore filed in this office dated
.... .S.e.p.t. :..1.7.:..1.9.8.5.. pursuant to which Building Permit No..I.4.4. .8 .I.Z. .............
dated Dee. 24 , 1985
............................ was issued, and conforms to all of the requirements
of the applicable provisions of the law. The occupancy for which this certificate is issued is .........
.... t~ec r e.a.r. ~. o m .C.e ~a.r e r
The certificate is issued to
of the aforesaid building.
JOSEPH & JUDIE LIZEWSKI
(owner. t~,~.i~ }b K ~,,~'~,'X' ...................
Suffolk County Department of Health Approval .. P e n d i n g
UNDERWRITERS CERTIFICATE NO. Pond lng
PLUMBERS CERTIFICATION DATED:
Temporary C.O. is good only for
Subject to State Restrictions.
Second floor non-habitable.
Zoning Board of Appeals
Pending
the life of the permit.
Building Inspector
#3322 Nay '2, 1985
PLANNING BOARD MEMBERS
Richard G. Ward, Chairman
George Ritchie Latham, Jr.
Bennett Or~owski, Jr.
Mark S. McDonald
Kenneth L. Edwards
Town Hall, 53095 Main Road
P. O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
April 19, 1994
Dr. Joseph Lizewski
Depot Lane
Cutchogue, NY 11935
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:
The Planning Board has received your amended site plan.
The following is a preliminary list of changes and or additions
that must be made to the site plan. This listing is subject to
the granting of any possible variance by the Board of Appeals
and any conditions imposed if a variance is granted.
1. Deed to property.
2. New parking area to be shown as paved.
Drainage calculations for parking area must be for an
impervious surface. Drainage calculations must be
provided for new building additions and elevator
structure. Grading and drainage plans shall be based
upon site storm water retention, in conformance with
Chapter Al08 Highway Specifications.
4. Elevation drawings of the proposed building additions.
5. Floor plans showing all uses on site.
Additional screening of 75' to 100' with fruit
trees or similar of 3' or 4' in height as required by
the Board of Appeals in variance No. 4157 dated May
11, 1993. The trees are to be placed north of the
volley ball court.
¸7.
Part of the proposad 1800 square foot addition is
within the volleyball court and the resolution of this
problem must be made clear.
The Code requires a four foot landscaped area around
the perimeter of the new parking area. However the
proposed building addition and the playground intrudes
on this landscaped area.
one tree of two inch (2") caliper along each forty
foot (40') of perimeter of new parking area shall be
shown as required by Code.
10. Handicapped parking shall be shown as required by
Code.
11.
The plan must show must show twenty two feet (22') of
back-up space between vertical and parallel parking
spaces at the south side of the property. This will
require the fence to be moved to the property line.
12. Landscaping must be shown on the amended plan.
13.
The type of lighting and its wattage must be shown.
Further, all lighting must be shielded to the
premises.
14. Sign sketch to scale indicating colors and type of
lighting of any proposed outdoor sign.
15. Parking calculations must conform to Article XIX
100-190 of Southold Code.
16. Name of owner of property to the southwest shall be
indicated on the site plan.
17.
Correct total area on plan to reflect removal of
parcel $102-2-11. Remove this lot designation from
the plan.
18. State use of barn and sheds and include this
building area in lot coverage.
19.
If the volley ball court is moved to clear the
proposed addition, review of the variance granted
for this court may be required by the Board of
Appeals
Suffolk County Department of Health Services approval and all
other required permits 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
Thomas Fisher, Senior Building Inspector In Charge
OWNER
R OWNER
TOWH OF SOUTHOLD PROPERTY RECORD/CARD
VILLAGE
STREET ' "~ '") ~'
DI,ST.I SUB. LOT
ACR.. J .
S
RES. ' SEAS. VL FARM '
TYPE OF BUILDING
CB. MISC. Mkt. Value
LAND IMP.
/~
~l oo
31oo
NEW ~RMAL
FARM Acre
~OO I-4r e~.
Tillable I/3~, ,~ ;~-~..-u
Tillable 2/~'%, .?. ~'~.., ~
/S"o o ~.
oo0
Swampland
Brushla6d
Hodse Plot
TOTAL DATE
O0
IG CONE
:LOW
Value Per Value
J (:' ;
Tota
REMARKS/~
FRQNTAGE ON WATER g~"~'COnSl C Ieu~'h,,.~...l ~}~',,s '(~.,-
FRONTAGE ON ROAD /.3-0 - #- / , ) ' '~ [;''~ ~ O0
~ /Z.oo ( ]> ;. ,.,, ,q,.. ,,.'2 (/~.., -~
DEPTH J z/~f- ,
. BULKHEAD ~'*~' a.
ZON-ING
Chapter 100
From the
CODE
of the
Town of
SOUTHOLD
GENERAL CODE PUBLISIIERS CORP.
§ 100-30
-
SOUTtlOLD CODE § 100-39
diseases are defined by the Sanitary Code of
the Public Health Council of the S~.ate of
New York.
[41 Eight thousand (8,000) square feet of lot area
shall be provided for each patient bed.
Public utility rights-of-way as well as structures and
other installations necessary to serve areas within the
town, subject to such conditions as the Board of
Appeals may impose in order to protect and promote
the health, safety, appearance and general welfare of'
the community and the character of the neighborhood
in which the proposed structure is to be constructed.
(6) Fraternity ho~ses, golf courses and annual mem-
bership clubs catering exclusively to members and
their guests, or other recreational facilities open to the
public, and a~:cessory playgrounds, beaches, swim-
ming pools, tennis courts and recreational buildings,
subject to the follmving requirements:
(a) No building or part thereof or any parking or
loading area shall be located within one hundred
(100) feet of any street line nor within fifty (50)
feet of any lot line.
(b) The total area covered by principal and accessory
buildings shall not exceed twenty percent (20%)
of the area of the lot.
(c) Such use shall not be conducted for profit as a
business ~nterprise.
(d) No such use shall occupy a lot with an area of less
than three (3) acres. ,'
(e) The direct source of all exterior lighting shall be
shielded from the view of surrounding residential
lots.
(7) Children's recreation camps organized primarily for
seasonal use, subject to the following requirements:
(a) No building, tent, activity area or recreation
facility shall be less than two hundrcd (200) feet
10022
§ 100-30 ZONING
from any lot line, and any snch
area or recreation facility shall
therefrom as required by
Buildings intended for use as
be not less than thirty (30) feet
tents, which shall be not less t
[Amended 7-31-73]
(b) The minimum lot area sh:
thousand (10,000) square
tent or other principal buL
three thousand (3,000} sc
shall be provided for each
in the buildings or tents
(c) All outdoor lighting shin
shielded to eliminate the
nearby residential lots, s
facilities.
(d) The sound level of all o
systems shall not exceed ti
a residential neighborhoo(
{8) Labor camps, farm and non
fallowing requirements:
(a) All farm labor camps or
strutted in conformance w
shah not be located nearer
than the residence of the
specific review and appr:
Appeals.
(9) Boat docking facilities for th(
accommodation of noncomme~
the following requirements:'
(a) There shall be docking or n
more than two (2) boats ol
and used by the owner o!
personal use. [Amended 7
10023
SOUTHOLD CODE
§ 100-52. Building length and separation.
§ 100-60
A. No building shall exceed one hundred twenty.five (125) feet
in length.
B. The minimum distance between principal buildings shall be
equal to two (2) times the height of the highest building,
and the minimum distance between a principal and an
accessory building shall be twenty (20) feet.
C. Any inner court shall have a minimum dimension of sixty
(60) feet, and any outer court shall have a n~nimum
dimension of twenty (20) feet and its depth shall not exceed
its width.
§ 100-53. Livable floor area. [Added 5-30-75 by L.L. No. 3-1.97,5]
Each dwelling unit in a multiple dwelling in the M-1 General
Multiple-Residence District shall have a livable floor area of not
less than eight hundred fifty (850) square feet. except that a one.
bedroom or studio dwelling unit shall have a livable floor area of.
not less than six hundred (600l square feet.
ARTICLE VI
B Light Business District
§ 100-60. Use reguiations.
In a B District, no building or premises shall be used, and no
build/ng or part of a building shall be erected or altered which,
arranged, intended or designed co be used, in whole or in part,
any uses except the following:
A. Permitted uses, subject to site plan approval by
Planning Board in accordance with Article XIII
[Amended 10-26-76 by L.L. No. 5-1976; 2-1-83 by L.L. b,.
2-1983]
(1) Any permitted uses set forth in, and as re&minted b%
the following provisions of this chapter: '
(a) Subsection A(21 and (3) of § 100-30.
(b) Subsection A(3) of § 100-40.
§ 100-60 ZONING
(2) Business, professional and go'
(3) Banks and financial institutio
(4) Re~all stores.
(5) Restaurants.
(6) Bakeshops (for on-premises sa
(7) Laundromats and similar estai
(8) Personal service stores and eh,
(9) Marinas for the docking, moorin
of noncommercial boats, includi:
oil primarily for the use of bo:
such marina.,~
B. Uses permitted by special excepti~
Appeals. The following uses are pe
exception by the Board of ApF
provided, subject to site plan apprc
Board in accordance with Article X
(1) [Amended 10-26-76 hy L.L. No.
exception use set forth in, and
foUowing provisions of this cha
(a) Subsection B(2) to (13), in
(b) Subsection B(2), (4) and (5
C. Accessory uses. [Amended 5-30-75 by
26-76 by L.L. No. 5-1976]
(1) Accessory uses on the same lot ~
incidental to any permitted use
separat~e business.
{2) Signs, subject to the following ~
(al Detached or ground signs. O~
double-faced, not more than
!nches in height and twelve (1
m width, the lower edge of wi
10032
10033
SOUTHOLD CODE § 100-60
g length and separation.
shall exceed one hundred twenty-five (125) feet
um distance between principal buildings shall be
~,o (2} times the height of the highest building,
inimum distance between a principal and an
mildlng shall be twenty {20} feet.
:ourt shall have a minimum dimension of sixty
md any outer court shall have a minimum
twenty (20} feet and its depth shall not exceed
floor area. [Added 5-30-75 by L.L. No. 3-1975]
mit in a multiple dwelling in the M-1 General
z District shall have a livable floor area of not
idled fifty (850) square feet, except that a one-
dwelling unit shall have a livable floor area of
hundred {600) square feet.
· ARTICLE VI
Light Business District
ulations.
no building or premises shall be used, and no
a building shall be erected or altered which is
or desiKned co be used, in whale or in part, for
~e following:
~ses, subject to site plan approval by tim
mrd in accordance with Article XIII hereof.
~)-26-70 by L.L. No. 5-1976; 2-1-83 by L.L. No.
mitred, uses set forth in, and as regulated by,
,wing provisions of this chapter:
,section A(21.and (3} of § 100-30.
section A[3) of § 100-40.
10032
4-25-83
§ i00-60 ZONING § 100-60
(2) Business, professional and governmental offices.
(3) Banks and financial institutions.
(4) Retail stores.
(5) Restaurants.
(6) Bakeshops (for on-premises sale at retail).
(7) Laundromats and similar establishments.
(8) Personal service stores and shops.
(9) Marinas for the docking, mooring and accommodation
of noncommercial boats, including the sale of fuel and
oil primarily for the use of boats accommodated in
such marina?
B. Uses permitted by special exception by the Board of
Appeals. The following uses are permitted as a special
e×ception by the Board of Appeals, as bereinafter
provided, subject to site plan approval by the Planning
Board in accordance with Article XIII hereof:
[Amended 10-26-76 by L.L. No. $-1976] Any special
exception use set forth in, and as regulated by, the
fol/owing provisions of this chapter:
{a} Subsection B{21 to 113}, inclusive, of § 100-30.
Ibl Subsection BI2}, 141 and {5~ of § 100-50.
C. Accessory uses· [Amended 5-30-75 by L.L. No. 3-1075; 10-
26-76 by L.L. No. 5-1976]
{ii Accessory uses ou the same lot with and customarily
incidental to any permitted use and not involving a
separate business.
12} Simms, subject to tbs following requirements:
la} Detached or ground signs. One (1~ sign, single- or
double-faced, not ~nore than six (6} fee~ slx 161
inches in height and twelve 112} feet slx {6} inches
in width, the lower edge of which shall be not less
10033 ~. ~s. ?¢
I(enncth L. Edwards
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
.MEMORANDUM
Southold. New York 11971
Fax (516) 765-1823
TO:
FROM:
DATE:
RE:
Gerard p. Goehringer, Chairman and
Members of the Zoning Board of Appeals
Richard G. Ward, Chairman and -~ ~/Js
Men, ers of the Planning Board
May 25, 1993
Petrol Stations
SCTM # 1000-109-1-23
Thank you for your response of May 5, 1993 regarding the
above-named site. In our review of same, other questions Came
up.
Your memo indicates that while the residence was not in use at
the time the retail antiques shop was converted to a
professional office, it was converted to a combination residence
· and real estate office at some later date. Has the Zoning Board
Ll~¢--~,/been able to determine whether this conversion occurred before
~,~,..~ or after the February 23, 1989 enactment of the new Zoning
~'~" ~'~ \Code?
~-O~.~-~
We are confused about the use of the barn. In the memo, the Use
of the barn is described as a storage site for antiques owned by
the resident of the house. The property owner indicated to us
in a letter that the barn was an antiques store. The Certificate
of Occupancy issued by the Building Inspector in 1993 notes that
the building was used asa "seasonal antiques store".' Is the
~l~,0 '/~ng ~o~rd saying that it has determined that there no
was
I~ ~ '~% ar~I?~cla~ use of the barn prior to'its conversion to an
;,.t~c~,' ~nect s office?
When the current Zoning Code was drafted, Our understanding of
the PUrpose of the Residential Office district was that it would
provide for limited non-residential uses along with existing
'residential Uses of existing homes. This seems to have been
echoed by the Zoning Board in its September 5, 1985 mcmorandum,
Copy attached, in which the ZBA elucidated its position that a
~ ...... c~; ..~= ~n !:~:~juncuLon with ~h~ rcsidential~ us~Pa£ or an
Also in keeping with this, we understood that the 40,000 sq,/are
foot requirement for each additional Use applied only to
additional uses beyond the existing residence with one accessory
office use. This reasoning was based on the fact that many if
not most RO lots are about one acre in size. If the intent was
to allow these lots to accomodate both a principal residential
Use with an accessory office use then it would make sense to
require the addition of 40,000 sq. ft. of land only when the
addition of a third use was contemplated.
If, however, we are reading the memorandum correctly, the
Zoning Board of Appeals has ruled that in the instant case of
Petrol Stations, the residential use of a house along with a
small real estate office constitutes two principal uses; and
that the architect,s office constitutes the third principal
Use. And, consequently, 120,000 square feet of land is
required.
Our Confusion about this point is due to the fact that the
~ property Owner, in a letter dated April 14, 1993, a copy of
~X~/~~. which is attached for your convenience, identifies the
residential Use of the existing house as a residential
~ apartment. It may be that the property owner or a member of his
'~., fam.ily resides here and that the - · ·
~'~/" family-run business. Ho ......... real estate office is a
~ ~ · the residen ...... ~=v=~, nne May 5th memorandum descr~
~i~c- .~= =~ = ren~a- apartment w ·
~0 .,~,'-the Owner's assertion, n,,~ .... , h!c.h seems to contradict
! ~ ' memorandumD .... ' pcinaps We'mlsunderstood the
· · We also would a reciate · · -
~ Board ' ~_~__P~P - ~larlflcatlon as to what the n~n~
· . . is ~3~n~ here aDO,,~ ~_:~ -. . So__..=
· ' district. We are not su~ ~==~.~.u.e.n~lal use of a house in the RO
~= ~ ~ou are making a distinction
between a principal use of a residence as the owner's dwelling
with an accessory family owned real estate office and that of a
residence which the owner rents while also continuing to run the
_.ese.ate b_usiness? If the Zoning Board is making that
u~uu~nc~lon tot all RO properties, then we would appreciate
~'!¢i'/'~/ ~ing, for future reference, what distinguishes an accessory
n~ ~-'~ real estate office use from a principal real
~'~ ,,~5 ~ · , ·
','~'t(" in the RO district? estate office use
~.0v'. Flnally, in reference to a question posed in our previous memo,
if all or any of these uses existed before the enactment of the
1989 Zoning Code, how do you interpret their non-conforming
status? The primary question in our minds is how to accomodate
the three uses, density-wise, given what seems to be their
non-conforming status. As stated in previous paragraphs of this
~ memo, our understanding of their non-conforming status led us to
..~the Conclusion that a sum total of only 80,000 square feet is
~'~ AL-needed for the three uses on thd site. Your memorandum seems to
~e~,";;~"~ indicate otherwise. Are we interpreting it accurately?
Jame~ Dinizio, Jr.
l~obert A. Villa
Richard C. Wilton
Telephone (§16) 765-1809
BOARD OFAPPEALS
TOV~NOFSOUTHOLD
MEMORANDUM
Telephone 516~
TO:
FROM:
DATE:
SUBJECT:
Richard G. Ward, Chairman, PB .~.' ~ '~
Jerry Goehringer, Chairman, ZBA~~t ~ ~i ~ ~ ~
Petrol Stations Ltd.
CTM ~1000-109-1-23
Our File No. 3972
Thank you for your memorandum requesting our review and response
concerning the above property, its uses, and proposed
subdivision proposal. You may recall that we also have an
application, which has not been amended by the applicant or his
attorney to show the new plan before you. (The building
inspector initi-ally issued a Notice of Disapproval in 1990.)
HISTORY OF.USE AND PROPERTY SIZE:
We would like to note for the record the following
information about the buildings and property as existed prior to
1987, and apparently a Pre-C.O. was issued: :
1) two-story frame house
2) accessory two-story wood-framed garage (or barn)
building used for the storage of antique
furniture and similar items by the resident of
the house
3) two accessory sh~ds
4) property size in acres: 5.836;
5) lot width: 150.30 feet frontage along the Main Road.
PRIOR SITE PL~ APPROVAL
Subsequently, during 1986 or 1987, an application was made,
we understand, to the Planning Board for site plan approval to
convert the garage (barn building), from antique storage to an
architect's office -- and maps confirmed that the front building
was vacant. At the time of the issuance of the Building Permit
on December 15, 1987, the front building was not occupied for
mixed uses as a real estate appraiser's business and rental
residential unit. Some time later the front dwelling structure
was then occupied for mixed use, not only by a rental apartment
unit on the second floor but also for a real estate office.
Occupancy prior to 1986 on 5.8 acre parcel:
Principal use: one. A single-family dwelling use.
Accessory buildings: three (3) which included an
accessory use for antiques.
No other principal use existed prior to 1986.
Occupancies at this time on the 5.8 acre parcel:
Principal uses: three. 1. Rental residential unit
in front building; 2. Separate Architect's
Office in barn building; 3. separate real
estate office on first floor in front
building.
SUBDIVISION APPLICATION
The application presently being reviewed by the Planning
Board is for a four lot minor subdivision - different from the
original filing for a three-lot minor with a different layout.
The maps on file previously did not show ~he converted uses (now
occupying the premises), and the map was amended to show two
principal uses:' architect's office in rear building and real
estate appraisers in front building. The residential rental
unit in the front building is noted as the third use although it
is not shown on the newest map revised 12/1/92.
P.B. QUESTIONS:
In answer to both Questions 1 and 2:
1. a variance will be required to consider allowing three
principal uses on less than a 120,000 sq. ft. parcel. Please
note that 5.8 acre parcel is proposed with a substantial
reduction - and lot area nonconformities will be created.
Each principal use in the RO zone requires 40,000 sq. ft. of
land area whether it be nonresidential or residential. ~
A new proposal showing 120,000 sq. ft. of land area for the
three principal uses to be continued must reduce the number of
lots in this minor subdivision.
In any event a variance application will also be required
for insufficient width for the rear lots as drawn, and reduced
frontage along the Main Road for a new right-of-way from 150.30
feet to 124.85 feet.
If we may be assistance ih any way, please let us know.
Gerard R Goehringer, Chai~ ~::' '
Serge Doyen, Jr.
,James Dinizio, Jn
Pu:)bert A Villa ·
Richard C. Wil~n
Telephone (516) 765-1809
BOAILD OF APPF~RLS
TOIVN OF SOUTHOLD
Supervisor "
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971.
Fax (516) 765-1823
Telephone (516) 765-1800
July 30, 1993
William C. Goggins, Esq.
McNulty-Spiess
633 East Main Street
' P.O. Box 757 '
"Riverhead, NY 11901-0757
Re: Proposed Filing of Special Exception
Contract Vendees: W. Droskoski and S.
Owner-Seller: C. Charnews
· Dear Mr. Goggins:
DeFriest
In revie%qing the doctunents left with our office for review,
we find that they are nos acceptable for filing or further
processing for the following reasons:
a) Application Form ZB2 - You have modified the form.
The applicant for.the Special Exception is required to be the
non-profit organization as the OWner or tenant·having a direct
· interest of the property. The OWners in the excerpt from the
'~cgntraCt of sale furnished shows that neither the present owner,
· '..:~nor the contract vendees, are the non-profit organization for
..'.i..~he Special exception use;
b) Section 160-30B _
is requzred fo (7! A minimum o
,~ the three ac,_~ a~op-proflt membershi~ o{.,~hre~acres of land
~ wnlc~
i please delineate
~ o uDls USe, and
whether they are the uses and purpose of the remaining areas and
primary or secondary, including that area
enclosed within a building and proposed outside of any building_
such as office, Storage, parking, scrcening~ egress, ingress,
9tc. USUally shown on a site plan:
c) A Certified copy of the certificate of incorporation,
in Complete form, Will be needed.
d A copy of the current deed of
/
the premises is required. [ .... /
~ - ~-~ ..... ,~c~Lion - DeFriest & Droskoski
e) If applicant is a tenant-corporation, a copy of the
signed lease, together with a written consent, from the property
owner is necessary for the processing of this application.
f) Application Paragraph B must be completed which will
list the reasons this use would be in harmony with the standards
and guidelines established in the Southold Town Zoning Code and
applicable law for approval of this special exception.
g) Letter of intent as to whether or not any other
buildings or structures are proposed for this property.'
h) Notice Form with proof of mailing of notices to
adjacent property owners and postmarked certified-mail receipts.
i) Written disclosure of officers and directors of the
Long Island Sports Committee Inc. and any and all other persons,
groups or entities involved with property or these uses is
requested.
For the above reasons, the documentation and personal
$400.00 check from D & D Cycles, Inc. are returned. You may
submit new forms and the above doctLmentation at a later date
· when you feel it is appropriate under the circumstances.
.' Very truly yours,.
Enclosures
cc: D & D Cycles, Inc.
Corner of Cox and Route 48
Cutchogue, NY 11935
Linda Kowalski
Clerk of the Board
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A.
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
May 17. 1994
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Joseph J. Lizewski, D.D.S.
Depot Enterprises, Inc.
29325 Main Road
Cutchogue, NY 11935
Re: AppI. No. ~,2~u~ - Special .Exception,for Proposed Addition
Dear Dr. Lizewski:
We are in receipt of the above-noted Special Exception application which
is under review for a proposed 30 ft. by 60 ft. addition {as shown on
the April 6, 1994 plan prepared by Anthony W. Lewandowski, L.S.
Please furnish the following information for Board~ Member reviews as
early as possible:
Seven prints of a construction diagram of the proposed
building showing the angle of the roof, total height from
ground, and general building construction.
Six additional prints of the site plan map ~please
show the setbacks from all-property lines and any changes
proposed in the location of the volley ball court.} Once
received, we will be in a position to coordinate same with
the other agencies (i.e. the Suffolk County Department of
Planning, etc. ).
In the interim, Board Members will review the record and make necessary
visits to the area. The hearing is expected to be held on Wednesday,
June 8, 199u, at the Board's next evening meeting. A copy of the Legal
Notice prepared by our office will be furnished to you within the .next
several days confirming the exact time.
Very truly yours,
GERARD P. GOEHRINGER
CHAIRMAN
APPEALS BOARD MEMBERS '
Gem~ R Goehringer, Chsirrnsn
Ser~e Doyen, Jr.
James Dinizio, Jr.
Rober~ A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOAP. D OF APPEALS
TOV~N OF SOUTHOLD
M£MO~ANOUM
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fsx (516) 765-1823
Telephone (516) 765-1800
TO:
FROM:
DATE:
RE:
Chairman, Planning Board
Attn: Bob Kassner
Office of the Board of Appeals
May 17. 199o,
Proposed Addition - Depot Enterprises. Inc. (S.E.)
RO Zone. District - 1000-123-6-17
As a coordination in,the above-application, please confirm whether
or not the Planning Board has recaive~ the above appllca[ion and, if
not. if you would like to provide a recommendation to the applicant
or an alternativefor the applicant pursue, Attached is a print of
the proposed site plan sho~ing the area of the proposed addition.
which is the subject of- a Speciat Exception application at this
time.
Thank. you.
Attachment
cc: Applicant
! --
\ ~ BOARD OF APPEALS
TOWN OF SOUTHOLD
NOTICE OF
PUBLIC HEARINGS
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
WEDNESDAY, JUNE 8,1
1994, commencing at the~
times specified below: , ·
1.7:30 p.m. Appl. No. 4235-
KIM FALLON AND CYN-
THIA SUTRYK. (Hearing
Continued from May 4, 1994)
This is a request for a variance
based upon the April 4, 1994
Notice of Disapproval from[
the Building Inspector
to
locate accessory building in.
the front yard area. Location
~.-of Property: 3200 Soundvi~t
Avenue, Mattituck, N~ Coun' -
ty Tax Map Parcel
1000-94-2-5.
2. 7:35 p.m. Otppl. No. 4234-
ALEX AND MARION ]
WIPF. (Hearing ContinuedI
from May 4, 1994). This is a
request for a variance under
Article III, Section 100-33C
for permission to locate an ac-
cessory garage with a fron-
tyard setback at less than the
required 40 ft. front yard set-
back. This parcel is noncon-
forming with a lot area of ap-
proximately 22,000 sq. ft. and
frontage of 118 ft. Location of
Property: 940 West Creek}
Avenue, Cutchogue, NY;J
County Tax Map Parcel No.
1000-1,03-13-7.
3. 7:40 p.m. Appl. No. 4246-
LKC CORP. and JASTA,
INC. This is a request for a'
Special Exception for permis-
sion to establish a drinking
establishment'use as listed
under Article XI, Section
100-10lB in an existing prin-
/~ ~._.~ipal. building. The subject
premises is nonconforming'
with a lot area of approx-
imately one-half acre and
', 115± ft. frontage along the
north side of the Main Road
~nd is located in the B-Genera
Business Zone District. Pro-
perty Address: 6955 Main
Road, Laurel, NY; County Tax
O:50 p.m. AppL No. 4245-
GEORGE AND SUSAN
TSAVARIS. This is a request
for a variance under Article
XXIII, Section 100-239.4A for
permission to locate swimm-
ing pool with fence enclosure
within 100 feet of the bluff of
the Long Island Sound. Loca-
tion of Property: 2170 The
Strand, Lot I11 at Pebbl~
Beach Farms, East Marion
NY: Parcel ID No. 1000-30-
2-53.
5. 7:55 p.m. Appl. No.
4244SE- DEPOT ENTER-
PRISES, INC. This is a re-
quest for a Special Exception,
as amended, to include ap-
proval for the location and use
of a proposed addition to the
existing principal building
located at 320 Depot Lane,
Cutchogue, New York. The
proposed addition is an expan-
sion of the existing recrea-
tional membership club and is
located in the Residential-
Office (RO) Zone District.
.~Property ID No.
1000-102-2-12.1.
6. 8:05 p.m. Appl. No. 4249-'
SANFORD AND SUE
HANAUER. This is a request
for a Special Exception
establish and operate a Bed I
and Breakfast in accordance
with the provisions of the zon-
ing code at Article III, Section
100-31B(15), with owner-
occupancy, and as an ac-
cessory totbe existing prin-
cipal residence. Location of
Property: 4105 Soundview
Avenue, Mattituck, NY; Coun-
ty Tax Map Parcel No.
1000-94-3-part of 1.7, also
known and referred to as Lot
No 2 on the Subdivision Map
of Robert and Jean Eenzer.:
7. 8:10 p.m. Appl. No. 4240-
JOHN CROKOS. This is a re-
quest for a variance under Ar-
ticle XXIX, Section
100-239.4A based upon theI
May 4, 1994 Notice of Disap-
proval from the Building In-
spector for permission to
locate swimming pool with
fence enclosure within 100 feet
_.~f the bluff along the Lon
Island Sound. This property
was the subject of prior Ap-
peals under Appl. No. 4204 as
rendered 12/8/93 and Appl.
No. 4140 as rendered 2/23/94.
The subject premises is im-
proved with a single-family
dwelling and contains an area
of approximately 40,000 sq. ft.
(total lot area). Location of
Drive, Orient, Nd]l~ot No. 7
on the Map of~nd View
Estates; County Tax Map
Parcel No. 1000-14-2-3.11.
8. 8:15 p.m. Appl No. 4241-
RICHARD LAN. This is a re-
quest for a variance under Ar-
ticle ILIA, Section 100-30A.4
(ref. Article III, Section
100-33) based upon the May4,
1994 Notice of Disapproval
from the Building Inspector in
a building permit application
to construct pool and deck in
the front yard area, as an ac-
cessory use. Location of Pro-
perry: 230 Bridge Lane, Cut-
chogue, NY; County Tax Map
Parcel No. 1000-111-15-1.4 and
1.5 (Tax Map Parcel No~ 1.4
totals 2.478 acres and Parcel
No. 1.5 totals 1.088 acres). The
subject premises is located in
an R-40 Low-Density Residen-
tial Zone District.
9. 8:20 p.m. Appl. No. 4243
-- MOORE'S LANE
HOLDING CORP. This is a
request for a variance under
Article V Section 100-53B,
Section 100-31C (ref. Section
100-33), and Section 100-231,
based upon the May 4, 1994 1
Notice of Disapproval from
the Building Inspector for per-
mission to locate acessory uses
(tennis court, swimming pool
and pool clubhouse) in an area
other than the required rear
yard, and with tennis-court
fencing at a height of more
than four feet when located in
a front yard area. Location of
Property: 475 Cedarfields
Drive, Greenpoxt, NY; Coun-
ty Tax Map Parcel No.
1000-40-5-1.42. The subject
premises is located in the
Hamlet-Density Zone Distric~-
10. & 11. 8:25 p.m. TONY
AND MARIA KOSTOULAS
Location of Property: 1035
Aquaview Avenue, East
Marion, NY; County Tax Map
Parcel No, 1000-21-2-13. This
property is nonconforming as
to total lot area in this R-40
Zone District.
Appl No. 4098 - (Continued
Hearing) This is a request for
a variance under Article
XXIll, Section 100-239.4 for
approval of a deck extension
located within 100 feet of the
bluff of the .Long Island
Sound.
A '
ppi No. 4248- This is a re,
quest for a variance under Ar-
ticle lllA, Section 100-30A.3
for approval of a deck addi-
tion with insufficient side yard~
12. 8:35 p.m. Appl. 4247-
HUGH T. and CAROL L.
CONROY. This is a request
for a Special Exception to
establish an Accessory Apart-
ment in conjunction with the
owner's occupancy within ex-
isting residence as authorized
under Article III, Section
100-30A.2B and Section
100-31B(14) of the Zoning
.Code. Location of Property:
Westerly side of Gin Lane,
Southold, NY; also referred to
as Lot No. 2 on the Subdivi-
sion Map of Bay Haven filed
in the Suffolk County Clerk's
Office as Map 2910; further
identified on the County Tax
Maps as 1000-88-3-6.
13. 8:55 p.m. Appl. No.
*-,-~D Ab~'L~t~N Sy3,rERSOi~
This is a request for.a variance
under Article IliA, Section
100-30.1 based upon the May
2, 1994 Notice of Disapproval!
by the Building Inspector for
approval of the proposed in-
sufficient lot area and insuffi-
cient lot width of proposed
Parcels No. 1 and No. 2. Loca-
tion of Property: Private Road
No. 17 extending off the
easterly side of Camp Mineola
Road, Mattituck, NY; Coun-
ty Tax 'Map Parcel No.
1000-123-6-17. The .subject
premises contains a total lot
area of approxi/nately
acres in total area and
located in the R-40 Low
Density Residential Zorn
District;
The Board of ApPeals will
at said time and place hear any
and all persons or represen- i
tatives desiring to be heard in
the above matters. Written
comments may also be sub-
mitted 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 informa-
tion, please do not hesitate to
call 765-1809 or visit our
office. ..,
Da[ed: May 23, 1994 :
BY 'ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By: Linda Kowalski
IX-5/26/94(40)
COUNTY OF SUFFOLK
STATE OF NEW YORK
SS:
Patricia Wood, being duly sworn,
says that she ~s 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 Z
............................. weeks
success~vely, commencing on the
S~w_~n to before me on this
·...-:-~' .... day of
.......... ........... ,
Notary Public
BARBARA k SCHNEIDER
NOTARY PUBLIC, State of New Yolk
No, 480684~
Qualified in Suffolk Colm~
Commission Expires
NOTICE
PUBLIC HEARINGS
NOTICE IS HEREBY GIVEN,
pursuant to Section 267 of the Town
Law and the Code of the Town of
Southold, that thc following public
hearings will be held by the
SOUTHOLD TOWN BOARD OF
APPEALS, at the Southold Town
Hall, 53095 Main Road, Southold.
New york I t971, on WEDNESDAY,
JUNE 8, 1994, commencing at the
time specified below:
I. 7:30 p.m. AppL No. 4235 --
KlM FALLON and CYNTHIA
SUTRYK. (Hearing Continued from
May 4. 1994). This is a request for a
variance based upon the April 4. 1994
Notice of Disapproval from the
Building Inspector to Iocate accessory
building in the front yard area.
Location of Property: 3200 Soundview
Avenue. Mat0mck, NY; County Tax
Map parcel 1000-94-2-5,
2.7:35 p.m. Appl. No, 4234 --
~'eo~i~h a fronryard setbaCK at
than tbe required 40 f front yard set-
back. This parcel is RONCO ins
with a lot arcs of approX.,ely
22.000 sq. ft. and frontage of ItS fl.
Location of properry: 9~0 West Creek
Avenue, CutchoguC. NY; County Tax
Map pa~ccl Ilo. 1000-103-13-7-
3. 7:40 p.m. Appl. No. 4246 ~
LKC cORP. and JASTA, INC. This
is a rcquast for a Special Exception for
permission to establish a drinking
XL Section 100-10lB in an existing
,~neinal building. Thc subject
Pea'i;' ;onconfonning with a Im a~a o,
approximately one-half acre and I
Main Road and is located in the B,
property Address: 6955 Main Road.
Laurel. NY; County Tax Map No.
4. 7:50 p.m. Appl. No. 4245 --
GEORGE and SusAN TSAVARIS.
This is a request for a variance under
Article XXIlI, Section 100-239.4A for
with fence enclosure within 100 feet of
the bluff of the Long Island Soupd.
Location of property: 2170 The
Strand, Lot lll at pebble Beach
Farms, East Marion. NY; Parcel 1D
No. 1000-30-2-53.
5.7:55 p.m. Appk No. 4244SE --
DEPOT EICi'ERPRISES, linC. This
is a request for a Speciai Exception. as
amended, to include approval for the
location and use of a proposed addi-
tion to the existing principal building
located at 320 Depot Lane. Cutchogue,
New york. The proposed addition is
an expansion of the existing recre-
ational membership club and is located
in the Residential-Office fRO) Zone
District. property ID No. 1000-102-2-
12.1.
6. 8:05 p.m. AppL No. 4249 --
SANFORD and SUE HANAUER.
tion to establish and operate a Bed and
Breakfast in accordance with the pro~
visions of the zoning code at Article
ltl SeCtion t00-31B(15I, with owner-
occupancy, and as an accessory to !he
existing principal residence. Location
of Property: 4105 Soundview Avenue.
Mattituck. NY; County Tax Map
Pa~:ci No. 1000-94-3-parl of 1.7, also
known and referred to as Lot No. 2 on
the Subdivision Map of Robert and
Iean Lenzer.
7. S:10 p.m. AppL No. 4240 --
JOHN CROKOS. This is a request
for a variance under Article XXIX,
Section 100-239.4A based upon thc
May 4, 1994 Notice of Disapproval
from he Bu lding Inspector for per-
mission to locate swimmingpool with
fence enclosure within 100 feet of the
bluff along the Long Island Sound.'
This property was the subject of prior
Appeals under Appl. No. 4204 as ren-
dered 12/g/93 and Appl. No. 4140 as
ndcred */'3/93 The subject premls-
~e~ is imp~o~ed ~vith a single-fantily
dwelling and contains an area of
approximately 40,000 sq. ft. (total lot
area). Location of Property: 2Il0
Grand View Drive, Orient, NY; Lot
No. 7 on the Map of Grand View
Estates; County Tax Map Parcel No.
8. 8:15 p.m. Appl. No. 4241 --
RICHARD LAN. This is a request for
a variance under Article IliA, Section
100-30A.4 frei. Article Ill, Section
100-33I based upon the May 4, 1994
Notice of Disapproval from the
Building Inspector in a building permit
- application to construct pool and deck
in the front yard area, as an accessory
-~ use. Location of Property: 230 Bridge
Lane, Cutchoguc, NY; County Tax
Map Parcel No. 1000-II1-15-1.4 and
1.5 (Tax Map Parcel No. 1.4 totals
2.478 acres and Parcel No. 1.5 totals
1.088 acres). The subject premises is
located in an R-40 Low-Densiry
9. 8:20 p.m. Appl. No. 4243 --
MOORE'S LANE HOLDING
CORP. This is a request for a variance
under Article V Section 100-53B,
Sec On 00-31C frei. Section 100-33.),
court fencing at a beigb! of ~o~ ~a~ duly sworii. Bays gaa~.
rca. Location of property: 475
~edarfields Drive, Or~enport'
Coun~ T~ M~ p~el No. I~-~-
feet of the bluff of the Long Isl~ ~l~ Clerk
f THE SUFFOLK TIM1%~, a
published at Mattituck. in
Id, County of Suffolk and
nd that the Notice of which
ted copy, has been regular-
Newspaper once each week
commencing on
Sound. 4248 -- This is a re-
AppL No.
quest for variance under Article
IliA. Section 100-30A.3 for ap-
proval of a deck addition with in-
sufficient side yard setbacks.
12. g:~5 p.m. AppL ~247 -- RUGI~
T. and CAROL L. coNROY. This is
a request for a Special Exception !o
cstabbsh an Acccsso~ Apartment tn
conjunction with thc owner's occupan-
cy within existing residence as autho-
rized under Article IIL Section 100-
30A.2B and Section 100-31B(14) of
the Zoning Code. Location of
property: Westerly side of Gin Lane.
Southold, NY; also referred to aa Lot
#2 on the Subdivision Map of Bay
Haven filed in the Suffolk County
Clerk's office as Map 2910; further
identified on the County Tax Maps aa
1000-88-3-6.
13. 8:55 p.m. AppL No. 4239 --
MARGARET BEST and ADYLYN
SYVERSON- This is a request for a
variance under Article IliA, Section
100 30A.I based upon the M y -.
1994 Notice of Disapprova by thc
Building Inspector for approval of the
proposed insufficient lot area and
' insufficient lot width of proposed
parcels #1 and g2. Location of Prop-
erty: private Road #17 extending off
the easterly side of Camp Mineola
Road. Matfituck. NY; County Tax
Map Parcel No. 1000-123-6-17. The
subject premises contains a total lot
area of approximately 1.2 acre(s} in~ ,,
total area and is located in the R-40'
Low-Density Residential Zone Dis~
Thc Board of Appeals will at said
time and place bear any and all per-
sons or represcntarivcs desiring to be
heard in the above matters. Written
comments may also be subm ed prior ,
to the conclusion of the subject hear-'l
ins. Each hearing will not start before
the t roes designated above, if you
w sh o revtew the files or need to
request mor~ information, please do~
not hesitate to call 765-1809 or visit
our office.
Dated: May 23, 1994.
BY ORDER OF THE sOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
7945-1TM¥26 ~".a /
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
BOARD OF APPEALS
TOWN OF SOUTHOLD
SE~RA UNLISTED ACTION DECLARATION
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
May 9, 1994
Appeal No.4244SE Project Name: Depot Enterprises,
County Tax Map No. 1000- 102-2-12.1
Location of Project: 320 Depot Lane, Cutch0gue, NY
Inc.
Relief Requested/Jurisdiction Before This Board in this Project:
A Special Exception, as amended, to include approval for the location
and use of s proposed addition to the existing principal building
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 sh0u]d the project be implemented as planned,
and:
{ } this Board wishes to assume Lead Agency status and urges
coordinated written cormaents 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 dhanges 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 assnme lead agenGy status within 15 days of this letter, we
will assume you have waived s~ae, and we will be required to proceed aa
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
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
May 2~, 1
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (5;L6) 765-1823
Telephone (516) 765-1809
TO:
RE:
Applicants
Public Hearings - June 8. 1994
Dear Sir or Madam:
We are in receipt 'of your recent -application: under the :Southold~ Town'Zoning
Ordinance and. have forwarded notice for publication this. week to the .local and
official newspapers of the-Town, to wit: Long Island. Traveler and-Suffolk
Times o
Copies of your file have been distributed to the .Board Members for additional
review, and individual on-site inspection; expected within, the next 10 to 14
days. If you have not already staked the proposed new construction, we
ask that you please do so immediately.
It is requested that one of the property owners, or if the .property owner is
not available., then someone, fully familiar with the property, appeal' ,at the
public hearing, at. the time specified in the attached Legal. Notice. If your
presentation, should be lengthy, a draft or final written copy is ,always
appreciated. You should feel free to submit additional documentation to
support this appllcation-at any time before, or during, the public hear'ing~
Please: do not hesitate to call our office if you, have questions concerning
your application or related matter.
Yours very truly.
Linda Kowalski
Clerk, Board of Appeals
Enclosure
I~age 33 -Hearing Transcr~
Regular Meeting - June
Southold Town Board of Appeals
MR. CHAIRMAN: It's done.
8:17 P.M.
MR. CHAIRMAN: The next appeal is in behalf of DEPOT
ENTERPRISES, INC., it's appeal No. 42tt4SE, legal notice reads as
follows: Upon application the applicant requests a Special Exception
as amended to include the approval for the location and use of a
proposed addition to the existing principal building located at 320
Depot Lane, Cutchogue, NY. The proposed addition is an expansion
of the existing recreational membership club and is located in the
Residential-Office (RO) Zone District. Property No. is 1000-102-
2-12.1. A copy of instruction plans of the building. I have a copy
of the existing site plan of the property, produced by Anthony
Lewandowski, revised June 6, 199t[ and a copy of the Suffolk County
Tax Map indicating this and surrounding properties in the area.
Doctor, how are you tonight? What would you like to state for the
record, Sir?
JOSEPH LIZEWSKI: Well, one of the other problems that I would like
reviewed, possibly and insist on the fact that I was Light Business
when this was built and now it"s Home Office which makes me come
before you for a variance. But, the other problem is that I increased
the size of the parking lot if you look on that and the question I
have is that it, I don't, is, is, is this a corner lot or is it in a
Regular Meeting -
Southold Town Board of Appeals
corner lot, because it doesn't cover the corner. There is another
piece of property that's on this. Now, if this is Home Office the
parking lot that's on there is proposed and if this is not considered
front yard, the 15 feet setback to the parking lot is fine. If not,
I~11 have to have this reviewed or I~d like you to consider it a, a
change on this simply because the parking lot is an emplacement. It
really hasn't hurt anybody and it's not doing anything. It is over
the 15 feet. There's more than 15 feet, the closest it is, is 18 feet
on one corner and 21~ feet on the other, but it, a lot of the parking
lot that you're going to see basically rests on what you want to call
this, if this is Home Office for the parking lot, or a, is this the
front yard or the side yard. There's a 15 foot setback on Home
Office if this is not the front yard, but I don't, this is not a
corner lot. A corner lot is owned by somebody else.
MR. CHAIRMAN: Right, it's a, it's a piece of property as to road
frontage.
JOSEPH LIZEWSKI: As to road frontage is but again, the basic part
of the building faces the main road and that's the way the building
was built so I would like that reviewed by you and a decision made
or what I should do with that. OK, that's a concern to me.
MR. CHAIRMAN:
because you may
that correct?
JOSEPH LIZEWSKI:
front yard or side
Well, the reason why it's a concern to you is
have to come back with an additional variance, is
Yes, if, if it can't be, you know, rectified as, as
yard, it makes a difference on how many feet I
1)age 35 -Hearing Transc~lt
Regular Meeting - June ,8~'199[[
Southold Town Board of Appeals
have to be away, but I~m 16 or 22 on that although it's really close
either way.
MR. CHAIRMAN: Just for the record, you had come before this Board
sometime in the early to mid-eighties requesting this application at
that time the Code read Not-For-Profit, is that correct?
JOSEPH LIZEWSKI: That's right.
MR. CHAIRMAN: And in and about 1985 this is to my recollection the
Zone was changed to B-Light under the old Zoning Code?
JOSEPH LIZEWSKI: Yes it was. It was changed to Light Business.
MR. CHAIRMAN: Subsequently to that you then entered into a
Building Plan to extend the existing, from the existing house which I
think was the Tedesco house?
JOSEPH LIZEWSKI: It belonged to Keith Bialeskl.
MR. CHAIRMAN: From that, you continued all the way out and built
this entire structure that exists right now?
JOSEPH LIZEWSKI: Yes, under the Light Business.
MR. CHAIRMAN: Under the Light Business, OK.
JOSEPH LIZEWSKI: The Zoning was then changed with the Master
Plan.
MR. CHAIRMAN: In 1989 to RO.
JOSEPH LIZEWSKI:To RO. The Planning Board has suggested that I
try to get it changed either back to Business or Home Business. I'm
waiting for them to make a decision.
change because it's so out of place.
it was built under a different zone
I think they would like to see a
It was built under a different,
and everything I do makes me
Wage 36 -Hearing Transc~t
Regular Meeting - June ,E~199u,
Southold Town Board of Appeals
come back before the Zoning Board of Appeals and the building is
going to stay. I mean, it's, it's not going to change, but it's, it's
been misplaced.
MR. CHAIRMAN: Now the nature of the application before us is what
I refer to as a layered Special Exception because your now seeking to
add on to the rear of this building a steel structure. When I say
steel, in reference to composition steel, OK. Approximately, what is
that 52 x 60?
JOSEPH LIZEWSKI: 30 x 58.
MR. CHAIRMAN: 30 x 58. I~m sorry, and you are taking something
from the building and you want to place it in this structure?
JOSEPH LIZEWSKI: Yes, I have a weight room that's really out of
place. The Building Department and everybody else would like the
weight room which is in the basement of this building to be moved to
the main floor and this is basically I*m not asking to add a use to
the building, I'm asking to take the use that's presently in the
building and make it more healthy and put in a proper place.
MR. CHAIRMAN: The addition of this building to the existing
building is going to require what, the fire wall?
JOSEPH LIZEWSKI: Yes, it will require a fire wall but itJs not, it
will have to be approved by the Fire Department. Between those
steps and the building, the building would have to go first and a
metal building will have to be built and then the fire wall would
just be laid right next to it so you don't have a problem building.
'Page 37 -Hearing Transit
Regular Meeting - June ,8~'1994
$outhold Town Board of Appeals
You'd have a hard kind of building next to the fire wall. It's just
going to be over 15 feet high. It's a metal building.
MR. CHAIRMAN: Is there any kind of entrance in the fire wall into
the existing Health Club or will that be through this entrance that's
in the rear of the building?
JOSEPH LIZEWSKI: The entrance in the rear of the building is
cement. OK, and there is no, there is none. The fire wall will go
right through.
MR. CHAIRMAN: OK. So the actual access will be outside to this
weight room.
JOSEPH LIZEWSKI: No, it will be through a cement wall which is now
the first shaft area, but there will be between the steps and the
rest of the building a fire wall. Along those steps will be a fire
wall that will go to code, which is 3 feet over the peak of the
building and you don~t need ....... for that wall.
Mr. Chairman: I think Dr. Lizewski has sufficiently answered my
questions, IHI ask you gentlemen if you have any particular
questions, Bob?
MEMBER VILLA:
Well, I have concern reading this memo that we got
or letter we got back from the Planning Board where they spell out a
whole list of things and one of the concerns I have sitting on this
Board is that on the approval given by the Appeals Board and then
in 1985 we had five conditions of it. Now his prior predates my time
on the Board but two of the conditions were basically that the Club
not be conducted for profit which it is I believe.
'Page 38 -Hearing Transit
Regular Meeting - June E~', 199~
Southold Town Board of Appeals
JOSEPH LIZEWSKI: It always was.
MEMBER VILLA: OK, and others that the use must have 3 acres in
which it doesN't have.
BOARD SECRETARY KOWALSKI: There was no condition on that.
ZBA decision by the way that it not be Non-Profit.
MR. CHAIRMAN: No, because they were in the proper Zone at the
time.
JOSEPH LIZEWSKI: It was a Light Business when it was built.
MEMBER VILLA: Well one of the other conditions was that they must
have at least 3 acres which they don~t have.
BOARD SECRETARY KOWALSKI:
decision either.
MEMBER VILLA: Well where does
come from?
BOARD SECRETARY KOWALSKI:
Board is getting it.
Well that's not in the Board's
). where do these statements
I don~t know where the Planning
MR. CHAIRMAN: I don't know where they got that information.
JOSEPH LIZEWSKI: I don't know where it comes from either. Three
acres makes in New York State, 3 acres makes a Health Club exempt
from the Health Club Laws. If you have less than 3 acres you're not
exempt from certain laws which makes you put up a bond for your
health club. If you have 3 acres or more for a health club you don't
have to put up a bond. i had to put up a $50,000 Bond to run my
Health Club because I had less than 3 acres. OK.
'Page 39 -Hearing Trans41t
Regular Meeting - June~199~
$outhold Town Board of Appeals
Mr. CHAIRMAN: Let me just ask this question. The 1.5 acres that
this building sits on has never changed?
JOSEPH LIZEWSKI: No.
MR. CHAIRMAN: It's been there, it's the same, Nothing has been
taken away, nothing significantly has been added to.
JOSEPH LIZEWSKI: No. This, this use that I'm asking for is not, not
a new use for the building. It's basically taking an area that's in
the building which the Building Department and everybody would like
to see moved in putting it where it should go. That's basically what
I~m doing. I~m not changing the amount of people in the club, I~m
just taking an area and saying we're taking it from a basement floor
and putting it on the main floor.
MR. CHAIRMAN: And this weight room will have a cement floor?
JOSEPH LIZEWSKI: Have a cement floor and it meets all the criteria
of our Building Code.
MR. CHAIRMAN: Any other questions gentlemen?
MEMBER DINIZIO: Well, I refer to that memo again. It says present
uses are 3 Dentist, the Health Club, Umbrella Home Care Services
and a residence. Is there a residence on that property?
JOSEPH LIZEWSKI; No.
MEMBER DINIZIO: 3 dentists?
JOSEPH LIZEWSKI; Yes, there's 2 part-time dentists in the office
next to me. They, they're there one day a week. They share an
office.
MEMBER DINIZIO: 2, 2 dentist off~ce, or is a second waiting room?
· 'Page I~0 -Hearing Trans¢~lt
Regular Meeting - June~199t[
Southold Town Board of Appeals
JOSEPH LIZEWSKI: No, 2 dentists office, I dentist office is shared
by two dentists. Dr. Cummings and Dr. Trentalange. An Orthodontist
from Garden City and a Periodontist from Garden City. Both have
people out here and they both practice one day a week during the
summer months and part of the fall.
MEMBER DINIZIO: And a, I don't quite, did you see this memo?
JOSEPH LIZEWSKI: No.
MEMBER DINIZIO: I, I don~t understand the last (), so if you can
explain to me. It says: ~lf we apply prior interpretation by the
Zoning Board of Appeals concerning Petrol Stations to this property,
it appears that there is insufficient land use for these uses." what
does that mean?
JOSEPH LIZEWSKI: I have no idea.
MEMBER DINIZIO: It says ~insufficient land use for these uses.'~
JOSEPH LIZEWSKI: When it was built, it was Light Business and I
is that it's now Home Office and I am going to
Change. They understand that I'm applying for a
think the problem
apply for a Zone
Zone Change.
MR. CHAIRMAN:
evolution of the
house that was
asbestos shingles
Doctor, what happened when we went from the
building out? From the building out the existing
there, an old house, a 67 year old house with
the dentist office was
on it, so on and so forth,
the first thing to evolve that, is that correct?
JOSEPH LIZEWSKI: 2 dental offices, yes.
~Oage Ltl -Hearing Transit
Regular Meeting - June ,8~199~,
Southold Town Board of Appeals
MR. CHAIRMAN: 2 dental office and then we went from there into the
recreation club, so on and so forth. Umbrella Services was the first
organization to move in or were you there before them?
JOSEPH LIZEWSKI: No, I was there before them.
MR. CHAIRMAN: You were there before them.
JOSEPH LIZEWSKI: I was the first one in.
MR. CHAIRMAN: So they then came after because they came before
us for signs, if you remember.
JOSEPH LIZEWSKI: Yes and then Dr.
came.
Trentalange and Dr. Cummings
MR. CHAIRMAN: Any other questions gentlemen? OK, we'll see what
evolves. Is there anybody in the audience who would llke to speak in
favor of this application? Anybody would like to speak against the
application? All right I see no further hands Iql make a motion
closing the hearing reserving decision until later.
MEMBER DINIZIO: Right.
MR. CHAIRMAN: All in favor?
MEMBERS: Aye.
8:30 P.M.
MR. CHAIRMAN: Appl. No.
is a request for a Special
~2~9. 5ANFORD and SUE HANAUER. This
Exception to establish and operate a Bed
DEPARTMENT OF PI.ANNING
COUNTY OF SUFFOLK
ROBERT J* (~AFFNEY
SUFFOLK COUNTY EXECUTIVE
JUL I 11994 :~t,:
STEPHEN M. JONES, A.I.C.P.
July 7, 1994
Town of Southold
Zoning Board of Appeals
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County
Administrative Code, the following application(s) 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)
Depot Enterprises Inc.
4244 SE
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
Rioh-,d C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Pursuant to Article X/V of t_he Suffolk County Administrative Code, The
Board of Appeals of the Town of Southold, Nm York, hereby refers the following
to the Suffolk County Planning C~n,~ssion:
__Variance from the Zoning Code, Article
· Section
__Variance from Determination of Southold Town Building Inspector
XX Special Exception, Article XXVI
, Section 100-261
Special Permit
LAppe.a} No:4.2z~4~S.E . .A.ppli. cant: Depot Enterprises, Inc,
C~C~l°~a°*"arTe''c~:e(]'Lanq:'3~2~O~oun~; 1 x rqa ire Depot Lane, Cutchogue, NY
y p m mo.: lUUU- 102-2-12.1
Within 500 feet of:
__'Town or.Village Boundary Line
Body of Water (Bay, Sound or Estuary)
XX 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:
location and use of'a proposed addition to
__Within One Mile of a Nuclear Power Plant
__ Within One Mile of an Airport
Applicant is requesting xcke~nA~xix~xC~ix~.XtXO
the
app~ova~ ~or ~he
existing principal
building.
Copies of Town file and related documents enclosed for your review.
Dated: July 5, 1994
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
July 1, 1994
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
Depot-Enterprises, Inc.
Attn: Joseph J. Lizewski, D.D.S.
320 Depot 'Lane
Cutchogue, NY 11935
Re: Appl. No. 4244 - Depot .Enterprises
Dear Dr. Lizewski:
Enclosed please find a copy of the findings and: determination, with
conditions, rendered by the Board' of Appeals: concerni'n~j the
above-noted application, at our, Special Meeting held,on June .24. 199~.
Please be sure to.return to the .Building Inspector; Planning,Board; and
any other agency which may have iurisdiction, for issuance of final
permits and approvals.- and for the. new. addition, We have.furnished
copies of this:approval to the, Building. Department and, Planning Board
offices for their update and.permanent-recordkeeping.~
Also. we have transmitted a copy of this file to the Suffolk County
Department of Planning: in accordance with the Suffolk. County
Administrative Code rules and. regulations pertaining to projects located
within 500 feet of a State. Road or Highway, Once we,-have received
their written response, we will forward a copy, to you for your
permanent recordkeeping.
Very truly yours.
Enclosure
Copies of Decision to:
Town Building: Department
Town Planning Board
County Planning Commission
Linda Kowalski. Clerk
Board' of ,'Appeals
~hv~IIb, AGE
*'d-OMMONS
.~.,.~/Health & Racquet
Club
($16) 734-7~
320 Depot lane, Cutchogue, N.Y. 11935
Town Hall, 53095 Main Road
P. O. Box 1179
Southold, NewYork 11971
Fax (516) 765-1823
Telephone (516) 765-1802
April 21. 1994
OFFICE OF THE BUILDING INSPECTOR
TOWN OF SOUTHOLD
Joseph J. Lizewski. D.D.S.
Depot Enterprises. Inc.
Depot Lane ~; Main Road
Cutchogue. NY 11935
Re: Building Permit Application for a New Addition
1000-102-2-12.1 (exclusive of Lot 11)
Dear Dr. Lizewski:
After reviewing the Board of Appeals' records pertaining to your
premises located along Depot Lane and the Main Road. I find that the
principal use of this property as a recreationa[ club was approved
under the B-Light zoning use in effect in 1985 when the building
permits were issued and pursuant to the Special Exception issued by
the Board of Appeals. The use. having said approvals, would
continue under the current code regulations as a Special. Exception
rather than a nonconforming use; ref. Section 100-261 of the Zoning
Cede which reads, in part:
...There is hereby created a category of land use
approval to be known as "special exception uses."
Said uses may not be comeenced, created, undertaken,
carried out, or thereafter aaintained, or
substantially expanded without a special exception
approval first having been obtained therefor~ which
special exception approval shall be granted for the
use by the Zoning Board of Appeals according to the
provisions for the particular special exception use
set forth' in this Article or elsewhere in this
chapter. Any land use, including the erection,
construction ...shall be a special exception use ...
required a special exception approval if the text of
this chapter or the use schedule hereof denotes the
use as being either the subject of a special exception
use or simply a special exception use ....
~.~'.~o~eph J. Lizewski,e.D.S'.
,April 21, 1994
Since there has been no change pertaining to this particular
use. it is our recommendation that you contact the Board of
Appeals directly as to whether or not that board would, require
an amendment under the 198S Special Exception. if applicable,
Therefore. a variance under the use provisions-of the Zoning
Cede will not be necessary for the proposed addition. It is
important, however, to reiterate that all other code
regulations, including the N.Y.S. Fire and Building Cede.
will. of course, apply.
CC:
Very tru~y~yours. ~
Thomas .l~i~sher
Sr. Building Inspector
Laury Dowd. Town Attorney
R. Ward. Chairman. Town Planning Board
G. Geehringer. Chairman. Town Zoning Board of Appeals
PLANNING BOARD MEMBERS
Richard G. Ward, Chairman
George Ritchie Latham, Jr.
Bennett Odowski, Jr.
Mark S. McDonald
Kenneth L. Edwards
2 0 994
Town Hall, 53095 Main Road
P. O. Box 1179
Southold, NewYork 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
April 19, 1994
Dr. Joseph Lizewski
Depot Lane
Cutchogue, NY 11935
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:
The Planning Board has received your amended site plan.
The following is a preliminary list of changes and or additions
that must be made to the site plan. This listing is subject to
the granting of any possible variance by the Board of Appeals
and any conditions imposed if a variance is granted.
1. Deed to property.
2. New parking area to be shown as paved.
Drainage calculations for parking area must be for an
impervious surface. Drainage calculations must be
provided for new building additions and elevator
structure. Grading and drainage plans shall be based
upon site storm water retention, in conformance with
Chapter Al08 Highway Specifications.
4. Elevation drawings of the proposed building additions.
5. Floor plans showing all uses on site.
Additional screening of'75' to 100' with fruit
trees or similar of 3' or 4' in height as req~/ired by
the Board of Appeals in variance No. 4157 dated May
11, 1993. The trees are to be placed north of the
volley ball court.
Part of the proposed 1800 square foot addition is
within the volleyball court and the resolution of this
problem must be made clear.
The Code requires a four foot landscaped area around
the perimeter of the new parking area. However the
proposed building addition and the playground intrudes
on this landscaped area.
One tree of two inch (2") caliper along each forty
foot (40') of perimeter of new parking area shall be
shown as required by Code.
10. Handicapped parking shall be shown as required by
Code.
11.
The plan must show must show twenty two feet (22') of
back-up space between vertical and parallel parking
spaces at the south side of the property. This will
require the fence to be moved to the property line.
12. Landscaping must be shown on the amended plan.
13.
The type of lighting and its wattage must be shown.
Further, all lighting must be shielded to the
premises.
14. Sign sketch to scale indicating colors and type of
lighting of any proposed outdoor sign.
15. Parking calculations must conform to Article XIX
100-190 of Southold Code.
16. Name of owner of property to the southwest shall be
indicated on the site plan.
17.
Correct total area on plan to reflect removal of
parcel 9102-2-11. Remove this lot designation from
the plan.
18. State use of barn and sheds and include this
building area in lot coverage.
19.
If the volley ball court is moved to clear the
proposed addition, review of the variance granted
for this court may be required by the Board of
Appeals
Suffolk County Department of Health Services approval and all
other required permits 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
Thomas Fisher, Senior Building Inspector In Charge
Copies of Legal Notice~ent to the following, 5/24/94:
Cynthia Sytruk and Kim Fallon
55 Harbor View Avenue
Mattltuck. NY 11952
Mr. and Mrs. Alex Wipf
940 West Creek Avenue
Cutchogue, NY 11935
LKC Corp.
P.O. Box 843
Jamesport. NY
119~7-0843
Mr. and Mrs. George Tsavaris
2170 The Strand
P.O. Box 385
East Marion. NY 11939-0385
Dr. Joseph Lizewski
Depot Enterprises. Inc.
320 Depot Lane
Cutchogue. NY 11935
Mr. and Mrs. Sanford'Hanauer
4105 Soundview Avenue
P.O, Box 281
Mattituck. NY 11952-0281
Attn: Keith
Keller-Sandgren, Associates
10 Mineola Avenue
Roslyn Heights, NY 11577
Mr. James Fitzgerald
P.O. Box 617
Cutchogue. NY 11935-0617
Moore's Lane ,Holding Corp.
P.O. Box 1143
Cutchogue. NY 11935-1143
Patricia C. Moore. Esq.
P.O. Box 23
Westphalia Road
blatt'ituck. NY 11952-0023
Mr. and Mrs. Hugh T. Conroy
380 Gin Lane
Southold. NY 11971
Dr./Mrs. Robert Hariri
61 Lafayette Avenue
Chatham; NJ 07928
Scheffs Trust
3100 Soundview Avenue
Mattituck, NY 11952
M/M Demetrio Laveglia
97-24 116th Street
Richmond Hill. NY 11419
Copies to TB, BD, PB, TA Departments
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
' .':z~'~' ~1 e pC~o nde ~5,16~7~.~09
BOARD OF APPEALS
TOWN OF SOUTHOLD
SE~RA UNLISTED ACTION DECLARATION
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
May 9, 1994
Appeal No.4244SE Project Name: Depot Enterprises, Inc.
County Tax Map No. 1000- 102-2-12.1
Location of Project: 320 Depot Lane, Cutchogue, NY
Relief Requested/Jurisdiction Before This Board in this Project:
A Special Exception, as amended, to include approval for the location
and use of a proposed addition to the existing Drincipai buiiding
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 shou]d the project be implemented as planned,
and:
{ } this Board wishes to assume Lead Agency status and urges
coordinated written con~nents by your agency to be submitted with the next
20 days.
{X~ this Board has taken jurisdiction as Lead Agency, has deemed
this Board of Appeals application to be an Unlisted SEQRA Action, and has
.declared a Negative Declaration for the following reasons:
a. An Environmental Assessment has been submitted and evaluated, and/or
.b. An inspection of the property has been made, or
c. Sufficient information has been furnished in the record to evaluate any
possible adverse affect of this project as filed, and/or
d. This application does not directly relate to new construction or
on-site improvements.
{. } this Board refers lead agency status to your agency since the
Board of Appeals does not feel its scope of jurisdiction is as broad as
the Planning Board concerning site changes and elements under the site
plan reviews. The area of jurisdiction by the Board of Appeals is not
directly related to site improvements or new buildings. (However, if you
do not wish to assume lead agency status within 15 days of this letter, we
will assume you have waived s~e, and we will be required to proceed as
Lead Agency.)
For further information, please contact the Office ~ of the Board of
Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809.
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:
FROM:
RE:
SOUTHOLD TOWN ZONING BOARD OF APPEALS
JUDITH T. TERRY. SOUTHOLD TOWN CLERK
ZONING APPEAL NO. ~2~, - DEPOT ENTERPRISES.
INC.
Dated: May 9. 199a,
Transmitted is appli,.~taon for Special Exception of DEPOT
ENTERPRISES. INC.. Notice to adjacent property owners. Southold
Town Building Department Notice of Disapproval. Questionnaire for
filing with Z.B.A. application. State Environmental Quality Review
Short Environmental Assessment Form.
Town Hall, 53095 Main Road
P. O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1802
April 21, 199~,
OFFICE OF THE BUILDING INSPECTOR
TOWN OF SOUTHOLD
J~seph J. Lizewski. D.D.S.
Depot Enterprises. Inc.
Depot Lane ~ Main Road
Cutchogue. NY 11935
Re: Building Permit Application for a New Addition
1000-102-2-12.1 lexclusive of Lot
Dear Dr. Lizewski:
After reviewing the Board of Appealsj records pertaining to your
premises located along Depot Lane and the Main Road. I find that the
principal use of this property as a recreational club was approved
under the B-Light zoning use in effect in 1985 when the building
permits were issued and pursuant to the Special Exception issued by
the Board of Appeals. The use. having said approvals, would
continue under the current code regulations as a Special Exception
rather than a nonconforming use; ref. Section 100-261 of the Zoning
Code which reads, in part:
...There is hereby created a category of land use
approval to be known as "special exception uses."
Said uses may not be commenced, created, undertaken,
carried out, or thereafter maintained~ or
substantially expanded without a special exception
approval first having been obtained therefor; which
special exception approval shall be granted for the
use by the Zoning Board of Appea]s according to the
provisions for the particular special exception use
set forth, in this Article or elsewhere in this
chapter. Any ]and use, including the erection,
construction ...shall be a specia] exception use ...
required a specia] exception approval if the text of
this chapter or the use schedule hereof denotes the
use as being either the subject of a special exception
use or simply a special exception use ....
JoSeph ~1. Lizewski. D
April 21. 1994
Since there has been no change pertaining to this particula~
use. it is our recommendation that you contact the Board of
Appeals directly as to whether or not that board would, require
an amendment under the 1985 Special Exception. if applicable,
Therefore. a variance under the use provisions-of the Zoning
Code will not be necessary for the proposed additien. It is
important, however, to reiterate that all other code
regulations, including the N.Y.S. Fire and Building Code.
will. of course, apply.
cc:
Very truly vours, f~
Thomas ~sher
Sr. Building Inspector
Laury Dowd. Town Attorney
R. Ward. Chairman. Town Planning Board
G. Goehringer. Chairman. Town Zoning Board of Appeals
QUESTIC}~NAIRE
FOR FILI~IG WITH YOUR Z.B.A. APPLICATIOn!
A. Please disclose the n~mes of :
the owner(s) and any other
individuals (and entities) having a financial interest in the
subject premises and a descrinti0n of their interests:
(Separate sheet may be attached. }
~.~/Is the s~jec~ premzses lia~e~ on the real es~a~e mar~e~ ~or
sa~ or being sho~ to prosu~ctive buyers~ { % Yes
C. Are ther~ p=upozala tD ~an~e o~ alter l~d
{ } Yes { No
D. 1. Are there any areas which contain wetland grasses?
2. Are the wetland areas shown on the map s~bmitted with
this application?
3. Is the propert~ bulkhea~ed ~een the wetlands area and
the upland building area?
4. If your property contains wetlanus or-pond areas, have
you contacted the Office of the Town Trustees for its
determination of jurisdiction?
E. Is there a depression or sloping elevation near the area of
proposed construction 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~
which e~t and are not ~h~n =n 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 ma~ 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 or O~ons
parcel . ~-~C~ ~ conducted at this
propose= use ~ ~3~ ~ and
Auunor ed $ 'n ute e
3/87, 20/901k ~
§ 97-13
WETLANDS § 97-13
TOWN -- The Town of Soutbnld.
TRUSTEES -- The Board of Trustees of the Town of
Souchold. [Added 6-5-84 by L.L. No. 6-1984]
XV'ET'L_-%.N'DS [Amended 8-26-76 by L.L. No. 2-1976; 3-2~-
85 b.?_{,, t, Nc,. t1-19,~5]; '-/.~-:,".
WSTnXSns: - '
(1) AIl 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 rna maximum depth of
'five (5) feet. including but not limited tn banks.
bogs, salt'marsh, swamps, meadows, fiats or ocher
Iow lying lands subject tn tidal action;
(2) All banks, bogs. meadows, fiats and tidal marsh
subject to such t/des and upon which grows or may'
grow some or any of the followin~., salt hay, black
grass, saltwor~s, sea lavender, tall cordgrass, high
bush. cattails, groundseL marsh=a,,~low and Mw
(3) .4.11 land immediatetyndjacenttn a tidal wetiand aa
d~fined in Subsection A¢2) and lying within seven-
ty-five (75) feet landward of the most landward
edge of such a tidal wetland.
FRESHWATER WETLANDS: '
(1) "Freshwater wetlands" as defined in Article 24. Ti-
tle 1, § 24-0107, Subdivisions l{a} to l(d) inclusive,
of thc Environmental Conservation Law of the State
of New York: and
(2)
All land immediately adjacent to a" -
freshxx ater wet-
!and." as defined in Subsection B(1) and l:,'in~ with-
m Seventy-five (75) feet landward of the most land.
ward edge of a "freshwater wetland."
9705
¢17.21
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
SEQR
PART I--PROJECT INFORMATION (To be completed by AoDlicant or Proiect sDonsor)
7. AMQUNTO~L.~ND AFFECTED;
DOES ACTI INVOLVE A PERM T APPROVAL. OR FUNDING NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY iFEDEP~A/
STATE O LOCAl. J? '
[] NO If ~e$, list ag~nc¥(s) and permd/apprOval$ '
I CERTIFY THAT THE ]NFORMATiON PROVleED AEGVE IS TRUE TO THE BEET OF MY KNOWLEDGE
· If the action is ' h stal Area, and you are a state agency, complete the I
· I Coastal Assessmeot Form before procoeding with this assessmeot I
OVER
1 -iContinued on reverse s~de)
that the preparer will use currently available information COncerning the
project and the likely impacts of the action. It is no~ expected that
additional studies, research or Other investigations will be undertaken.
(b) If any question has been answered Yes the project may be
(¢) If all questions have been answered No it is likely that the
project is no= signi/ioan=.
{d) Environmental Asses~me~
· 1. Will project result in a large physical change
to the project site or physically'alter more
on a~jacen= si~es?
7. Will project result in a major adverse effect on--Yes ~NO
· - Y~s ..~No
.' 'known to be important to the community? . .___Yes
10. Will project have a m~jor effect on existing or
12. Will project regularly ~ause objectionable odors,
13.
/4.
Will project have any impact on public health
or safety?
Will project affect the existing community by
directly causing a growth in permauen~ popula-
tion of more =hah 5 percent OVer a one-year
period o__r have a major negative effect on the
charactcr of ~he community Or ~eighborhood?
15. IS there public controversy concerning the
project?
DISCLOSURE AFFIDAVIT
COUNTY OF SUFFOLK)
:
STATE OF NEW YORK)
In accordance with the. requirements of laws pertaining to disclosure
of employees and General Municipal Law, I. JOSEPH J. LIZEWSKI, bein§
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 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;
~,) 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 pertain.ing: to. my application~ pending in the Town of
S°uth°ld f°r which I iave'a financial int~e-~-~ t ski~J~Ph ~_ w
Sworn to before me th~s ~// 7.
~day of ~ . 199~. UN~F.K~
~ ~°tary pUblic ~m~i~
~) COUNTY OF SUFFOLK
Real Property Tax Service A
I02
RECEIVED OF:
FOR: .~ ~ ~ ~
JUDITH T. TERRY, TOWN CLERK RECEIPT
Town of Southold
Southold, New York 11971
Phone: 516 ~?.,65 -1801,~ ~ DATE
CASH
050415
197~'
A--C
HD
R -80
BOARD C)F APPEA. I.S, TOWN OF SOIJTHOI.D
In the Matter ct the Petition of
TO:
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southnld
to request a (Variance) (Specia! Exception) (Special Per?it) (Other) [circle choice l
- F
2. That /he property which is the subiect of the Petition is located adiacent to vour orooerTv ao~ is
cribed as follows: lO~ ~ ~ ~-/~_,ff ~ c~) ~.1C _ ~_ des-
3. That the property which is the subject of such Petitio~.)s~)ocated in the following zoning district:
4 'II,at h~ such Petition, the undersigned will request the following relief:
.5. That the provision~ of the 5outhold Town Zoning Code applicable to the relief soueht by the'under- .
signedare Article ~x.~/~/'l _ tr o-2 ,f
-[ ] S:~u.~ 280 A, N~w York Tc;m Law roi- a~kio,a] of'access cvcr'~ght(s)
6. That within five days from the date hereof, a written Pe[ition requesting the relief specified above will
be ·filed in ~he Southold Town Clerk's Office at Main Road. Southold, New York and you may then and ~here
examine the same during regular office hours. (5L6) 765-LB09.
· 7. That before the )'elief sought may be granted, a public hearing musrbe 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 Tim~s 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.
' Petitioner
Owners'Names: ~
Posl Office Address
Tel. No. ( ~'"/6 ) 7'~.~ ~--~o/ C2
[Copy of sketch or plan showing propcsal to be attached for convenience
purposes.]
naM~
PROOF OF MAll.lNG OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
Z 693 360 379
Receipt for
Certified Mail
No Insurance Coverage Provided
Do not use for Internationa~ Mail
(See Reverse)
Z 693 '360 38{3
Receipt for
.Certified Mail
No )nsurance Coverage provided
Do not use fo{ internetionat Malt
(See I
STATE OF NEW YORK )
COUNTY O'F SUFFOLK )
SS.:
b ¢, /9 ~'/g , being duly sworn, deposesand'sa~tha~on[h¢~day
' of , deponent mailed a true copy of [he No[ice set forth on the re-
verse sine her~'~'tr, directed to each of' the above-named persons at the addresses set opposhe their r~spec[ive
names; that ~h~ addresses se! opposite the names of said persons are the addresses of said persons as shown on
.the current a _~.~n.ent roll of ~he Town of 5ou~hold; ~ha~ said Notices were mailed at the United States Post
· rice at ~~. ,~. ~,. that said Nolices were mailed to each of said persons by
(certified) (registered)~mail.~
Sworn tO before me this
day of
Notary Public
(This side does not have to be completed on {orm transmitted to adjoining
property owners.)
ii¸
c ~oss- SECTIOq .-
'X
-.: /
A,I4 /IV