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HomeMy WebLinkAbout4173 APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. t~b~rt A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS . TOWN OF SOUTHOLD FINDINGS AND DETERMINATION SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4173. CROSS STITCH CAT LTD. and ALLBOBRICK REALTY CORP. Request for approval of square footage/dimensions of second ground sign, as proposed. Location of Property: 13400 Main Road, Mattituck, NY. Subject premises is zoned Hamlet-Business and is identified as Suffolk County Tax Map Parcel No. 1000-114-11-9.3. WHEREAS, a public hearing was held on June 22, 1993, at which time all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following findings of fact: 1. BASIS OF APPEAL. This is an appeal based upon the May 26, 1993 Notice of Disapproval issued by the Building Inspector to issue a free-standing ground sign in a Hamlet-Business (HB) Zone District. The applicant making this application is a tenant at the premises and has received written authority from the property owner to file this application. The property owner of record is Allbobrick Realty Corp., which acquired the property on December 30, 1986 from Kendall. 2. DIMENSIONS OF SIGN. The face of this sign is 4 ft. high by 8 ft. long - which exceeds the maximum size requirement of the code of 24 square feet. The height of the sign is proposed at 10 feet to the top, and will be required to be a minimum of four feet from ground to the face (bottom edge) for visibility purposes. 3. LOCATION OF SIGN. This sign is proposed to be situated six feet from the northerly property line and located generally Page 2 - Appl. No.' 173 Matter of Cross-Stitch Cat (O'Connor) Decision Rendered June 22, 1993 at the northeast corner (grass buffer area) as more particularly shown on the sketch submitted with the application. 4. CODE. The provision of the Code from which a variance is requested is Article IX, Section 100-81C (from Section 100-91C-2) which states that such signs are permitted accessory uses subject to the following requirements: ...(a) Freestanding or ground signs: where the building is set back 25 feet or more from the street, one (1) sign, single or double faced, not more than 18 sq. ft., the lower edge of which shall not be less than four feet above the ground ... which sign shall be set back not less than 15 feet from all street and property lines and shall advertise only the business conducted on the premises... 5. EXISTING SIGN. The only other existing sign at the premises is a ground sign at the northwest corner of the property for the other business, Roy Reeve Insurance Agency. No tenants other than The Cross-Stich Cat Ltd. are occupying the building. 6. STATE AUTHORIZATION. By letter dated May 28, 1993, the N.Y.S. Department of Transportation has indicated that the sign is in conformance with Section 52 of the Highway Law, and may be erected subject, of course, to local permits and approvals. This letter has been made a part of the record by the applicant. 7. FAVORABLE CONSIDERATIONS. It is the position of the Board Members that there are several reasons that this property should be allowed a variance for this ground sign. First, the building is situated with a nonconforming setback at 8+- feet from the front property line, very close to N.Y.S. Route 25. Second, to locate the sign at 15 or more feet from the front property line would place the sign in the middle of the access driveway and in-near present parking areas at the side yards. Third, this ground sign is preferable over wall signs -- which the owner waives. No wall signs exist and no wall signs are intended by the owner or the tenant(s) for aesthetic reasons (the building was renovated with a new brick exterior). The board members agree with their reasoning and condition this fact in allowing the variation for the ground sign location. 8. UNFAVORABLE CONSIDERATIONS. It is also the position of the Board Members that the reasoning for requesting the size of the sign at 4 ft. by 8 ft. does not meet the criteria for the Page 3 - Appl. No.~73 Matter of Cross-St~--{¢h Cat (O'Connor) Decision Rendered June 22, 1993 grant of a variance. The sign of the sign may be 4 ft. by 6 alternatively which is the normal size for identification of established businesses in the business districts. ft. NOW, THEREFORE, on motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to DENY the relief requested as to the 4 ft. by 8 ft. size, and be it FURTHER RESOLVED, to GRANT the relief requested for the location o~ a 4 ft. by 6 ft. ground sign at a distance six feet from the front northerly property line {or more at the discretion of the applicant} in the existing grass-buffer area as more particularly shown on the sketch submitted with the Application of The Cross-Stitch Cat Ltd., SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the lower edge Of the sign be not less than~four feet from ground for visibility purposes; 2. That the sign not be closer than six feet to the northerly property line; 3. That other permit(s) be obtained for this alternative relief before placement of the sign (as required by law). 4. That no front wall sign permits be issued by the Building Department unless reapplication is made to this Board and reconsideration, after due notice of a hearing, is finalized for this and all signs concerning this entire parcel. Vote of the Board: Ayes: Messrs. Dinizio, Wilton, Villa and Goehringer. This resolution was duly adopted. lk GERARD P. GOEHRINGER, ~HAIRMAN RECEIVED AND FILED APPEALS BOARD MEMBEP~S Gerard P. Goehringer, Chairman Serge Doyen, Jr. Jam~ Dinizio, Jr. Bobe~t A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS SCOTTL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765o1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and th~ 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, $outhold, New York 11971, on TUESDAYt JUNE 22, 1993 commencing at the times specified below: 1. 7:30 p.m.. Appl. No. 4172 - JANE~A. FERGUSON. Request for Variance to the Zoning Ordinance, Article X, Section 100-101 (Bulk Schedule) for permission to construct single-family residence (in lieu of constructing business building with .reduced setback and side yards as noted in Appeal No. 1705 issued March 8, 1973). This parcel consists of 34,550+- sq. ft. and is located in the "B" Business Zone District. Location of Property: Westerly side of Central Avenue, Fishers Island, NY; County Tax Map Parcel No. 1000-006-008-006. 2 & 3. 7:35 p.m. THOMAS W. BUCKNER. Property Location: Private Road off East End Road, Fishers Island, NY; County Tax Map Parcel No. 1000-010-05-2.2. Page 2 - Notice of~arings Southold Town Board of Appeals Regular Meeting of June 22, 1993 (a) Appl. No. 4152 - Request for a variance under Article XXIII, Section 100-239.4(C) to permit addition to dwelling with an insufficient setback from freshwater wetlands; (b) Appl. No. 4171 - Request for a variance under Article III, Section 100-32, Bulk Schedule, for permission to construct westerly addition to dwelling with an insufficient side yard setback in this R-120 zone district. 4. 7:40 p.m. Appl. No. 4168 - THOMAS AND KATHLEEN MANGIAMELE. Request for variance under Article IIIA, Section 100-30A.4 (100-33) for permission to locate accessory garage in the front yard area. This parcel technically has two front yards. Location of Property: 3180 Duck Pond Road, Cutchogue, NY; County Tax Map Parcel No. 1000-83-2-19.7. '5. 7:45 p.m. Appl. No. 4173 CROSS STITCH CAT LTD. and ALLBOBRICK REALTY CORP. Request for approval of square footage/dimensions of second ground sign, as proposed. Location of Property: 13400 Main Road, Mattituck, NY. Subject premises is zoned Hamlet-Business and is identified as Suffolk County Tax Map Parcel No. 1000-114-11-9.3. Page 3 - Notice arings Southold Town Board of Appeals Regular Meeting of June 22, 1993 6. 7:50 p.m. Appl. No. 4170 - THEODORE AND MARIA PETIKAS (as contract vendees). (Owners: John Phillipedes, and others). Request for Variance to the~Zoning Ordinance, Article XXIII, Section 100-239.4A, and Article XXIV, Section 100-244B, for permission to locate new dwelling structure with an insufficient setback from the bank along the Long Island Sound and sideyards at less than the required 25 feet. This application is a new location different from that considered and alternatively granted under Appeal No. 4078 rendered April 22, 1993. Location of Property: North Side of Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-135-1-27. This parcel is 'nonconforming as to total lot area at 11,000+- sq. ft. 7. 7:55 p.m. Appl. No. 4174 - HENRIETTA AND ARTHUR MORMILE. Request for Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of nonconforming lot area of two parcels in the pending application for re-division of land. Location of Property: 270 Private Road #6, Laurel, NY; County Tax Map Parcel No. 1000-128-4-9, 15 and 16. Total area combined is approximately 23,000 square feet. 8. 8:00 p.m. Appl. No. 4176 - JOHN AND CONSTANCE CRONIN. Request for Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of deck with insufficient rear and side yards and in excess of lot coverage limitation. Page 4 - Notice of~arings Southold Town Board of Appeals Regular Meeting of June 22, 1993 Location of Property: 1055 Old Orchard Lane, East Marion, NY; County Tax Map Parcel No. 1000-37-3-7. 9. 8:05 p.m. VARUJAN ARSLANYAN. Request for Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 as amended May 20, 1993 for permission to construct open deck-spa addition with an insufficient setback from the bank along the Long Island Sound. The lot area and width of this parcel are nonconforming and are located in the R-40 Residential Zone District. Location of Property: 54455 County Road 48, Greenport (near Southold); County Tax Mai Parcel No. 1000-52-1-8; also referred to as Combined Lot #1 & 2 on the Land Map of Young & Goodale. 10. 8:10 p.m. PATRICIA STIEFER. This is an Appeal of the June 2, 1993 Notice of Disapproval issued by the Building Inspector for action by the Board of Appeals under the defintion of "family" at Section 100-13 for a determination that premises may or may not be occupied by up to eleven (11) persons unrelated by blood, marriage or adoption. Location of Property: 6760 Sound Avenue, ~attituck, NY; County Tax Map Parcel No. 1000-121-4-8.1; also referred to as Lots #1 and #2 of the Minor Subdivision of Sundown Farms. Subject premises contains a total area of 13.3658 acres. Page 5 - Notice of rings Southold Town Board of Appeals Regular Meeting of June 22, 1993 11. 8:20 p.m. Appl. No. 4169 - Application by GORDON PRICE seeking a Reversal of Building Permit #21375Z issued by the Building Inspector on April~29, 1993 to Mark and Mary Bess Phillips, owners, on the grounds that applicant misrepresented that the proposed use is an agricultural building, Article III, Section 100-31A(2) of the Zoning Ordinance. Location of : Property: 24850 Main Road (S.R. 25), Orient, NY; County Tax Map Parcel No. 1000-018-06-005. Subject premises consists of 10.5+- acres and is located in the R-80 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 call 765-1809 or visit our office. Dated: June 8, 1993. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski X TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE $OUTIIOLD, N.Y. NOTICE OF DISAPPROVAL Date ...... 8411.216, ...... : ....... 19.9.3... To .S.?~.~..N O'CON~ER, LESSEE ,..(ALL]~0BRICK REALTY CORP.) THE CROSS STITCH CAT LTl). P.O. 'BOX 118 MATT!TUCK, N.Y. I 1952 PLEASE TAKE NOTICE that your application dated ..... .F.A.Y.. 1.9.: ............... 19.. 93 for permit to CONSTRUCT A FREE STANDING GROIIND SIGN Lo'cation of Property 13400 FLAIN ROAD House No. . .......... MATTITIICK, N.Y. Street Hamlet County Tax Map No. 1000 Section ..... 1.17...' .... Block 11 · Lot 9.3. Subdivision ................. Filcd Map No.. . · .............. Lot No ........ is returned herewith and disapproved on the following grounds ............................... UNDER ARTICLE IX SECTION 100-91 C (2) (100-SIC (2) a) PROPOSEH SIGN W'ILL EXCEED .PERMI'i-flID SIZE AND ONLY ONE GROUND OR FREESTANDING SIGN PERNITTED. ACIION REQUIRED BY THE ZONING EOARD OF APPEALS. u~_~ng Inspector THOMAS J. FISHER RV 1/80 Approved FOuM NO. 1 TOWN OF SOUTHOLD gUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Yo Application No...~...~J..,~.....C). .............. INSTRUCTIONS o. This application must be completely filled in by typewriter o~ in ink and submitted in triplicate to the Building Inspector, with 3 sere of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets m areas, and giving a detailed description of layout ofproperty must be drawn on the diagram which is part of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. shalle' haveN° buildingbeen grantedShall bybe theocCupiedBuilding°r usedlnspector.in whole or in port for any purpose whatever until a Certificate of Occupancy APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in buildings for necessary inspections. ~ applicant, or r~me, if a col~l?O~;i~ ........ ~//,, ~)J (Address of'ap'pli'c'a'nt). .............. ................. ....... ................ State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ..................................................... : ...................... Name of owner of premises ................................ .[.?. ............................................................................................................... If applicant is a corporate, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No ..................................................... Plumber's License No ................................................. Electrician's License No ............................................. Other Trode's License No ............................................... !. Location of land on which proposed ~vork will be done. Map No ....-~--.- Street and Number ...... ~..'.~.~.........~.....~.......~...~...~.~..~ .............. ~~ .... ........ 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: Exisiting use cupancy a. . ......... .~., ..:-.~., b. Intended use and occupancy 3. u of work (check which ,licabie): New Building. ................. }ion Alteration Repair .................. Removal .................. Demolition .................... Other Work ................................................ ~ c~ C) (Description) ........................................................... 4. Estimated Cost ............................................................ Fee ........ (to be paid on filing this application) 5. If dwelling, number of dwelling units ............................ Number of dwelling units on each floor ............................ If garage, number of cars ............................................................................................................................................. 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ............................ 7. Dimensions of existing structures, if any: Front ............................ Rear ................................ Depth .................... Height ........................ Number of Stories ................................................................................................................. Dimensions of same structure with alterations or additions: Front .................................... Rear ............................ Depth ................................ Height ............................ Number of Stories ................................ 8. Dimensions of entire new construction: Front .................................... Rear ............................ Depth ........................ Height .................... Number of Stories ..................................................................................................................... 9. Size of lot: Front ........................................................ Rear .......................................... Depth ................................ 10. Date of Purchase ........................................................ Name of Former Owner ........................................................ 11. Zone or use district in which premises ore situated ..................................................................................................... ]2. Does proposed construction violate any zoning law, ordinance or regulation: ........................................................ 13. Will lot be regraded . ........................... Will excess fill be removed from premises: ( ) Yes ( ) No 14. Name of Owner of premises .................................................... Address ................................ Phone No. ...................... Name of Architect .............................................................. Address ................................ Phone No ....................... Name of Contractor ............................................................ Address ................................ Phone No ....................... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NE~aZ. YQR~, // ! c ¢ COUNTY 0 F ~, .'~'.~?. · ~. ~--... ~~'° , .......................... ///. ................................................................. being duly sworn, deposes and says that he is tne appliconl (Narrffe of individual signing contracf) above named. ~ ~ ~ ..... / /~b~c-~ ~ ~~ ne ,s the ..................... ~ ...................................................................................................................................................... (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to ~ke and file this application; that all statements contained in this application ore true to the best of his knowledge and belief; and tha~ the work will be performed in the manner set fo~h in the appli~tion f~d therewith. Sworn to before,me this .~ - // ~ ~ / ~ ................. ...... .................. ~oto~ Public ................................... ~.. ............. Coun~ ~2~i.?¢ ...... 2/ ....... ~: ........ ~: ....... :..~ ...... ~ ............... . ~ ~ {Signature o{ opplic~nt) TOWN OF SOUTHOLD, Nk'~/ YO~K APPEAL FROM DECISION OF BUILDING iNSPECTOR APPEAL NO. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y, Name of Appellant Str?e~ and Number ' ..................... ............ .EREBY APPEAL THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON WHEREBY THE BUILDING INSPECTOR DENIED TO Name of ~pplicant for permit _ l/ ' ~) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY Street /Hamlet / Use District on Zoning Map District 1000 Section III/ Block I( Lot ~,5 ^ ~ ..................... uurren: Owner Map No. lLat No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section· Sub- section and Paragraph of the Zoning Ordinance by number. Do not ctuote the Ordinance.) Article I]~ Section 100- ql C (~l I(}0-~[ C I~} 3. ~PE OF APPEAL Appeal is made herewith for (please check appropriate box) (~) A VARIANCE to the ~ning Ordi~nce or Zoning Map ( ) A VARIANCE due to lack of access (State of New York T~n Law Chap. 62 Cons. L~s Art, 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has)~as(,~.~t~}been made with respect to this decision Of the Building Inspector or with respect to this property. · Such ~ppeal was ( ) request for a special permit [ ) request for a variance and waS mode in Appea! No ................................. Dated ............................ .~ ........................................ REASON FOR APPEAL. ( } A Variance to Section 2BOA Subsection 3 (,~') A Variance to the Zoning Ordinance ¢ is requested for the reason that Form Zt~I (Continu~ on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties ar unneces- 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because j~L._q-~cx3Gl~ LJ~E ~='-'[- _~C_~,-~-~ ~ ~ ~-~ ~,,~,~/~,~s, ~. ~r ~ .. . ~,, ~ . 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DIS IK1CT because STATE OF NEW YORK COUNTY OF ss Sworn to this ~9,7 ..7-..~.. day of ,,4~.,,~,/ .......... [9 ~z.~ RICHARD C. SMITH NOTARY PUBLIC, STATE OF NEW YORK Qualified in Suffolk Co.. No. 52-4510158 Commission Exnlms/~V' 30 19 ~ .,~o~_//,/_),/~,:r:.iTOWN.. . OF SOUTHOLD PROPERTY RECORD CARD ~?/. z~" ~ All bo~-.~r ~<!,. I~.~N,; Co¥~; ~ ' "//~'Z~/' ~:~,.' -" . . ,FORMER OWNER / N ~ E ACR. RES. S~S. VL FARM //' COMM. CB. MISC. Mkt. Volue ' ~ND IMP. TOTAL DATE REMARKS ' , AGE BUILDING CONDITION - N~ NORMAL BELOW ABOVE FARM Acre Value Per Value Acm Tillable Tillable Tillable Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD BULKH~D Total ~ ~' ~ ~ DOCK COLOR TRIM Ext en~s o~on~'"; Extension Extension Porch Porch Breezeway Garage Patio Total Foundation Ext. Walls J Fire Place Type Roof Recreation Roorr Dormer Driveway / Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floo~ Dinette j IR. DR. BR. FIN. B. Z / . ! N,BSo58'20'*E. ~t W i lsberg I ITORY {~ooo- u4-. H- AIIbobrik Realty Corp. Area = ~4777 42. 4 I I I I I ! I $02.11 now or formerly Raymond F. Nin~ 81 § 100-81 SOUTHOLD CODE § 100-81 (1) Any special exception use ~ set forth in and regulated by § 100-3lB of the Agricultural-Conservation District, except wineries are not required to be in connection with a vinoyard. [Amended 8-1-89 by L.L. No~ 15-1989] C. [Amended 5-9-89 by L.L. No. 6-1989] Accessory use~ The following uses are permitted as acce~ory uses and, except for residential accessory uses and signs, which are geverned by Article XX, are subject to site plan review: (1) Any necessary use as set forth in and regulated by § 10O- 31C(1) through (8) of the Agricu~.ural-Conservation District, and subject ta the conditions set forth in § 100. 33 thereof. (2) Signs, subject to the following requirements: (a) Freestanding or gnound sigus: where the building is set back twenty-five (25) feet or more from the street, one (1) sign, single- or double-faced, not more than eighteen (18) square feet, the lower edge of which shall be not less than four (4) feet aho~e the ground, unless attached to a wall or fence, and the upper edge of which shall not extend more th~n fifteen (15) feet abe,~ the ground, which sign shall be set back not less than fifteen (15) feet from all street and property lines and shall advertise only the busine~ conducted on the premises. As used in this subsection, the word "premises' shall mean all contiguous property in common ownership. (b) Wall signs: one (1) sign attached to or incorperated in each building wall on a public street and advertising only the business conducted in such building, provided that such sign does not: [1] Exceed one (1) square foot in total area for each horizontal foot of such wall. [2] Exceed in width one hundred percent (100%) of the horizontal me~urement of such wall. ¢ 10O74 § 100-81 ZONING § 100-91 [3] Exceed three (3) feet in height. [4] Project more than one (1) foot from such wall. § 100-82. Bulk, area and parking regulations. Except ~ otherwise provided herein, no buildings or premises shall be used and no building or pert thereof shall be erected or altered in the LB District unless the same conforms to the Balk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect ~s if such regulations were set forth herein in full.'7 ARTICLE IX Hamlet Business (HB) D~strict [Added 1-10-89 by L.L. No. 1-1989~s] ~7 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman SErge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Ri chard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 P~suant to Article XIV of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning C~n%%ission: XX Variance~from the Zoning Code, Article IX , Section lO0-81C Variance from Determination of Southold Town Building Inspector __Special Exception, Article , Section __Special Permit Appeal No: 4173 Applicant: Cross Stitch Cat Ltd. & Allbobrick Realty Corp. Location of Affected Land: 13400 Main Rd., Mattituck, NY County Tax Map Item No.: lO00-114-11-9.3 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 Within One Mile of a Nuclear Power Plant Comments: Within One Mile of an Airport aRProval of Applicant is requesting ~R~x~Cx~M~.~R of second 9round sig~ as proposed. 'squarefootage/demensions Copies of Town file and related documents enclosed for your review. Dated: June 24, 1993 APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOAHDOFAPPEALS TOVWNOFSOUTHOLD June 24, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road EO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Steve O'Connor The Cross-Stitch Cat Ltd. 12900 Main Road Mattituck, NY 11952 Re: Appl. No. 4173 - Variance for Identification Sign Dear Mr. O'Connor: Enclosed please find a copy of the findings and determination rendered by the Board of Appeals at our June 22, 1993 Regular Meeting. Please be sure to return to the Town Building Department and any other agency which may have jurisdiction in this project for issuance of all permit(s) or other approvals before commencing construction activities for the deck or walkway. We have furnished copies of this approval to the Building Department for their update and permanent recordkeeping concerning its issuance of the May 26, 1993 Notice of Disapproval. Very truly yours, Enclosure Copy of Decision to: Building Department Linda Kowalski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OFAPPEALS TOWN OFSOUTHOLD July 7, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Steve O'Connor The Cross-Stitch Cat Ltd. 12900 Main Road Mattituck, NY 11952 Re: Appl. No. 4173 - Variance for Identification Sign Dear Mr. O'Connor: Attached please find a copy of the County Planning Commission's response to our referral under the County Administrative Code pertaining to projects located within 500 feet of State Route 25 (main Road). The County has left the matter as the Town sees appropriate but has added its comments for the record concerning the size requested initially by you. If you have any questions, please feel free to call us. Very truly yours, Linda Kowalski Enclosure DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE ARTHUR H. KUNZ DIRECTOR OF PLANNING June 28, 1993 Town of Southold Zoning Board of Appeals Applicant: Cross Stitch Cat Ltd. & Allbobrick Realty Corp. Mun. File No.: 4173 S.C.P.D. File No.: SD-93-15 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: The contemplated sign area appears excessive and inappropriate. Alternate relief appears warranted as set forth. Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner 5 ~THE CROSS-STITCH CAT NEEDLEWORKS, CRAFTS, YARNS, GIFTS, DRIED & ,! 12900 MAIN ROAD ; MATTITUCK, NEW YORK 11952 (516) 298-8925 A L L B O B R I K R E A L T Y Main Road Mattituck, NY 11952 CORP. This is to confirm that the Cross-Stitch Cat LTD located at 13400 Main Road, Mattituck, NY has our permission to erect a 4' x 8' free standing sign on the northeast corner of the Allbobrik property and we are hereby authorizing the filing and processing of the required Variance application. lan C. Dlckerson President APPEALS BOARD MEltERS Gerard P. Goehringer, Chairm~, Serge Doyen, Jr, Jame~ Dinizio, Jr. Robert A. Villa R~J C. Wi].~n Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD June 9, 1993 SCOTT L. HARRIS Supervisor Town I-I~ll, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Stephen O'Connor Cross Stitgh Cat Ltd. P.O. Box 118 Mattituek, NY 11952-0118 Re: Appeal No. 4173 - Variance for Ground Sign Dear Mr. O'Connor: Please let this confirm that the above matter will be held for a public hearing before the Board of Appeals on T~esday evening, June 22, 1993 (7:45 p.m.). Also, our office has requested written consent from the property owner authorizing the filing and processing of this application by you. It is suggested that the property owner also attend the public hearing since there may be questions about the parking layout, the existing ground sign, and a possibility of a wall sign in lieu of a second ground sign (Section 100-81C(2) particularly since permits were obtained in the 1960's and again in 1974 for a wall sign. Attached for your convenience and the owner are copies of those approvals. Please feel free to call if you have any questions or if you wish to update your file prior to the night of the hearing. Very truly yours, Linda Kowalski Enclosures 2. The aAqn mtmlX ~ ~o ~J~le~ ~ 7 £eet. Page 3 - Appl. NoI173 Matter of Cross-S~tch~' Cat Decision Rendered June 22, (O'Connor) 1993 grant of a variance. The sign of the sign may be 4 ft. by 6 ft. alternatively which is the normal size for identification of established businesses in the business districts. NOW, THEREFORE, on motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to DENY the relief requested as to the 4 ft. by 8 ft. size, and be it FURTHER RESOLVED, to GRANT the relief requested for the location of a 4 ft. by 6 ft. ground sign at a distance six feet from the front northerly property line {or more at the discretion of the applicant} in the existing grass-buffer area as more particularly shown on the sketch submitted with the Application of The Cross-Stitch Cat Ltd., SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the lower edge of the sign be not less than four feet from ground for visibility purposes; 2. That the sign not be closer than six feet to the northerly property line; 3. That other permit(s) be obtained for this alternative relief before placement of the sign (as required by law). 4. That no front wall sign permits be issued by the Building Department unless reapplication is made to this Board and reconsideration, after due notice of a hearing, is finalized for this and all signs concerning this entire parcel. Vote of the Board: Ayes: Messrs. Dinizio, Wilton, Villa and Goehringer. This resolution was duly adopted. lk GERARD p. GOEHRINGER, ~AIRMAN FOR, lYE NO. 2 TOWN OF Sou;rHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N? 7430 Z Dote Permission is hereby granted to: - .....~.~.n.c!..a~;L....~n.t..~..re. ............... ~.-, .............. to ~g~S2..~. ....... ~...~.~ I~ated at 8 g~ ' , d at premises /S Main lt0~d (01~ohaek ~1 'ff to apphcotlon doted .... ; ........... ; ................... ..,.,., ........... , Building Inspector. : ~ , ~, , , : Bud ng Inspectm PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD June 22, 1993 (7:30 p.m. Hearings Commenced) Pre s e n t : HON. GERARD P. GOEHRINGER, Chairman JAMES DINIZIO, JR., Member ROBERT A. VILLA, Member RICHARD C. WILTON, Member (Absent and Excused: SERGE DOYEN, Member) LINDA KOWALSKI, Clerk-Assistant to Board ZBA HEARINGS 28 June 22, 1993 APPLICATION NO. 4170 - THEODORE AND MARIA PETIKAS (as contract vendees) (Owners: John Phillipedes, and others). Request for Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A, and Article XXIV, Section 100-244B, for permission to locate new dwelling structure with an insufficient setback from the bank along the Long Island Sound and sideyards at less than the required 25 feet. This application is a new location different from that considered and alternatively granted under Appeal No. 4078 rendered April 22, 1993. Location of Property: North Side of Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-135-1-27. This parcel is nonconforming as to total lot area at 11,000+- sq. ft. 8:08 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: We have a new map from Robert Van Tuyl, ' PC, amended as of May 24, 1993, indicating the location of this dwelling, now 50 feet from what refer to as low bank, all right, as opposed to the application we had before us before, which was a hundred feet to my knowledge; and the applicant is requesting 8-foot sideyards on both sides; and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. We will ask Mr. to add? Appearance: Haje if he has something you would like Roy Haje, En-Consultants 1329 North Sea Rd. ZBA HEARINGS 29 June 22, 1993 Southampton, NY for Applicants MR. HAJE: Mr. and Mrs. Petikas are also present. The application before you tonight is necessitated by the previous Board decision and also the other decisions we have obtained. If you recall, the previous decision of this Board was to allow no less than 8-foot sideyards on both sides. In order to do this, there would be two possible ways. One would be to shrink the width of the house from what we had shown before, which was 26, or to move the house northward towards Long Island Sound. It was the feeling of Mr.. and Mrs. Petikas that they were already at the minimum width house, 26, which is quite modest. Therefore, the second alternative is the one that we chose and is the one before you now. Before we came to you, we had to go back to the Board of · Trustees to obtain an amended approval for the coastal erosion plan. That was done, .and the copy is in the file. The site that is before you now also was previously approved by the DEC, so we do not have to go back to them. This is the same spot. THE CHAIRMAN: How are we doing with the Health Department? MR. HAJE: well. We had gone Health Department this should work very to them before the Board of Review hearing. They were concerned that there was not sufficient room at the previous location to put the sanitary system in. I had ZBA HEARINGS 30 June 22, 1993 discussions with Roy Reynolds of Health Department regarding this location, and he was more pleased with it because we have considerably more room to put the sanitary system in. We wouldn't have to squeeze it in. We would be able to get our 10-foot minimum sideyard from the pools; so they are holding their decision until this Board acts, but I have every indication that that decision will be positive, assuming your Board acts positively. That is based upon my discussions with them, the discussion that we had at the Board of Review hearing, also the favorable decisions that we have gotten from the Trustees and DEC. So I think everything would work well in this location. That is the reason we are back. I reiterated my request for side yard not being sure whether it was needed or not, but I thought for the sake of prudence and care that we reapply for that and allow the Board the option of either determining that it was or was not necessary based upon the previous location. We recognize that there is a variance needed from the setback of the low bank, which is indicated at the low bank, which I also included in my variance request. THE CHAIRMAN: Roy, what exactly is a low bank? MR. HAJE: In this case it is the feature that can probably be called a crest of bluff. There is not really anything that is clearly defined as it would be elsewhere where you obviously go up, there is an obvious crest and then a ZBA HEARINGS 31 June 22, 1993 flattening out of the topography. So this was chosen as that feature, and the feature that would have to be used in calculation of 100-foot setback; so that is what that indication is. Dick? THE CHAIRMAN: Thank you. Anyquestions, Bob, Jim? (No questions from Board members.) THE CHAIRMAN: I, quite honestly, Roy, --the Petikases sat through that last situation with us and of course weren't happy. I would seriously like to make a motion granting this. tonight and let them go home and make sure they are happy and --so I will grant it as applied for here. CLERK KOWALSKI: Do we have conditions on the other one? There were no conditions on that other decision, right? THE CHAIRMAN: And, basically, recanting the same things we recanted in the prior application, okay, without listing each one of those five at this particular point. Of course, we are concerned about the Health Department approval also. All right? So I will incorporate that within my motion. (Seconded and carried; see Clerk's minutes). THE CHAIRMAN: Have a lovely evening. Good luck with your house. MR. HAJE and the Petikases: Thank you. ;t Wilsberg $02.! now or formerly R(~ymond F. Nine THE CROSS-STITCH CAT NEEDLEWORKS, CRAFTS, YARNS, GIFTS, DRIED & SILK FLOWERS 12900 MAIN ROAD MATTITUCK, NEW YORK ]1952 THE CROSS-STITCH CAT NEEDLEWORKS. CRAFTS. YARNS. GIFTS. DRIED & SILK FLOWERS 12900 MAIN ROAD MA~rlTUCK. NEW YORK 11952 A L L B O B R I K R E A L T Y C O R P. Main Road Mattituck, NY 11952 This at 13400 Main Road, erect a 4'x8' free of the Allbobrik property. Dated is to confirm that the Cross-Stitch Cat LTD located Mattituck, NY has our permission to standing sign on the northeast corner Richard C. Smith - Vice Pres. .{. pUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant io. Section . 267 of the Town Law and the Code of the Town of South0id, tfiat the following public hearings will be held by the SOUTHOLD TOWN 'fioAgo OF, APPEALS~ at the Southold Tow, n: Hail, 53095 Main Road, Southold, New York 11971, on TUES- DAY, JUNE 22, 1993 com- mencing at the times specified .; 1.7:30 p.m~ Appl. No. 4172 -JANET A. FERGUSON~ Request for Variance to the Zoning Ordinance, Article Sectio. n . 100-101 {Bulk Schedule) for permission to construct .i single-family residence (in lieu of construc- ting business building .with reduced setback and side yards as noted in Appeal No. !705 issued March 8, 1973). This parcel c.o,n~ists of 34 550+sq ft..Pyope~tY: Westerly side of Central Avenue .~Fishers · ~ils[~d,' Ny; CoUnty Tax MaP . Parcel To. 1000-066-008-006. ~ ~ 2 & 3. 7:35 p.m. '~HOMAS ~'~¢,.: BUCKNER. $Property' ~L~a~i~i,,P~ivat~ Road off East ,End ,Road Fishers Island NY; County Tax Map Parcel No. 1000-010-05-2.2. (a) ,&ppi. No. 4!52 ~ ReqUes)~ for ~' variance unde{ Article XXIII, Section 100:239.4(C) to permit addition to dwelling. with an insufficient setback from freshwater wetlands; :, (b) Appl. N~. 4.171,7~Request 'for.a variance und~r.:A.rticle III, ..Section J00:32;. Bulk Schedule, for permission .to construct westerly addition ~o dwelling with an insufficient side yard setback in this R-120 zone district.., KATHLEEN MA~GIAMELE. Request for variance under Article IliA, Section 100.30A.4 (100-33) for~ permission to locate accessor~ garage in the front yard area. This parcel technically has two front yards. Location of Pro- perty: 3180 Duck Pond Road, Cutchogue, NY; County Tax 'Map iParcel . No. 1000~83~2-19.7.1 ~ .~: : ~ ' ~5~ 7:45 p.m. Appl. No. 4173 -CROSS STITCH CAT LTD. 'and ALLBOBRI(~K REALTY CORP. Request for approval of square footage/dimensions of second ground sign, as pro- posed. Location of Property: 13400 Main Road, Mattituck NY. Subject premises is zoned H~mlet~Business and is iden- tified ag Suffolk County [ Tax. Map ' parcel ~ No..[~ 1000-i 14-11:9.3,: 6. 7:50 p.m. Appl. NO. 41 lo - THEODORE AND MARIA PETIKAS (as ~contract ' vendees). {Owners: John' Phil!!pedes, and others). quest for Variance to the Zon- ing Ordinance, Article XXIII, Section 100-239.4A, and Arti- cle XXIV,: Section 100-244B, for permission to locate new dwelling structure with an in- sufficient setback from the . bank along the Long Island Sound and sideyards at less than the required 25 feet. This application is a new location : different from.that considered and alternatively granted un: der Appeal No. 4078 rendered · April. 22,. 1993. Location Property:,North Side of Soundview. Avenue.. Southold NY; CountylTax Map Pared ~ No. 1000-135-1-27. This parcel ts nonconforming as tO total lot area at 11,000+ sq. ft. 7. 7:55 p.m. AppL No. 4174 - HENRIETTA AND AR- THUR MORMILE. Request for Variance to the Zoning Or- dinance, Article IliA, Section 100-30A.3 for approval of nonconforming Iot. area of two parcels in the pending ap- .plication for ~re-division of land. Logation of Property: 270 Private Road, .#6, Laurel, NYL County Tax Map Parcel No. 1000-128-4-9, ~5 and 16. Total area'combined is approx-~ ~inately 23,000 square feet. ;i '.8~ 8 00 p.m APpl. N°. 4i76 t~.~0HN AND CONSTANCE" ~RONIN.'.~Request ' for Variance to the Or- dinance. A?iicle IliA, Section 100-30A.3 for approval of deck with insufficient rear and side yards and in excess of lot coverage limitation. Location of Property: 1055 Old Orchard Lane, East Marion, NY; County Tax Map Parcel No. 1000-37-3-7. ".~. 9. 8:05 p.m.' VARUJAN ARSLANYAN., Request for , Variance tO the. Zoning Or- dinance, Article XXIII, Sec- tion 100-239.4 as amended May 20, 1993 for permissio~ tO construct open deck-spa ad- dition with an insufficient set- back from the bank along the Long [slan, d Sound. The lot area and width of this parcel are nonconforming and are located in the R-40 Residential Zone District. Location o Property: 54455 'County Roa~ 48, Greenport . -. (nea Southold); County Tax Map Parcel No. 1000-52-1-8;' also referred to as Combined Lot #1 & 2 on the Land M~ap Young & Goodale. '10, 8:10 p.m. PATRICIA STIEFER. This is an ,Appeal of the June 2~ 1993 Notice Disapproval issued by, the Building Inspector fro: action/ by the Board of Appeals under th'e'definition 6f "famf- 'ly" at Section 100-13 ~or detei'iiiinati6n t~at p?~mises may or may not be occupied by up to eleven (11) persons unrelated by blood, ~arriage. ' or adoption. L~cation of pro,- 'perty 67~6Q Sound Avenu~: Mattit~c~( NY; Co~lnty r Tak" Map ,Parcel ~o. 1000-1214-8.1;" ~als6 i'eferred t$~al Lots #1 and #2 of the Minor'Subdivision of Sundown Farms. Subject premises contains a total area of 13.3658 acres..,., 11.8:20 p.m. ~App~. N6. 4169 .- Application by GORDON PRICE seeking a Reversal of Building Permit #21375Z.,, issued by the Building Inspec- tor on April 29, 1993 to Mark an~ Mary-Be,ss Phill)p~, ' owners? ~i ~he gr~ufi'dS 'that /applicant misrepresented that the pro'posed u~e is at~~ agricultural building; 'Articl$ ) 111, Section 100-31A(2) of the Zoning Ordinance. Location :.of Property: 24850 Main Road : (S.R~ 25), 'Orient,' NY;' Cofin'-~ ~iy Tak 'Map' Parcel'~No.?] 1000-018-06-005. Subject premises consists of 10.54- acres and is located in the R-80 Zone Distriet; ',The Board at 'said time and place heat any and all persons or represen- · tatives desiring to I: the above matters. Written comments may ,'also be' sub- Mitted prior to the conclusion .of the Subject hearing~. Each hearing 'will riot 'stai't the t~mes designated above. you wish to review the files or need to request more informa- tion, please call 765-1809 visit our office. Dated: June g, 19-93. .. , .~BY ORDER OF THE ; ~;~ j,,..a,~.._; $OUTHOLD TOWN .,.$.~BOARD OF APPEALS CHAIRMAN COUNTY OF SUFFOLK STA'I'E.OF NEW YORK ss: Patricia Wood,' being duly sworn, says that she is the Editor of. THE LONG ISLAND 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 j~ublisbed in said Long Island Traveler. Watchman once each week for .................. ~ ......... weeks successively, corem, encmg on tile .... ./d ~ Sworn to before rne lifts .......... Z~. ........ clay of .......... ~ ....... 19 . ~.'~. !REBY lIVEN,' pursuant ta Sectiow 26'/of the Towl] Law and the~~ Code /i~ .th~ $outfioid, t~t the f°ll~ng pubic h~dn~ wil~ the SOUTHOLD ' TOW~' BOARO, OF- APPEALS; ~:~ ~ the S°~thol~ .Town Halt, ~ 5a~ M~n Road, Sadthold,: Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. 480C346 Qualified in Suffolk County C~mmission Expires MANGIAMEL~:'~'e~t variance under'Article Section 100,30A.4 (100-33) fOr ,, permission to locate accessor~u garag~ in the front yard area;i This parcel technically has tWo front yards. Location of Pro-~ perrY: 3180 Duck Pond Road,h CutChogue, Ny ~ County Tax;: Map'. Parcel:. N0~: 1000-83~2'19.7~. ~ : !5; 7/:45 p.m. APpl. No. 4173 - CROSS STITCH CAT LTl). and ALLBOBRI~K REALTY! coRP. Request for approval' of Square footage/dimensions of second ground sign, as pro- posed. Location of Property: 13400 Main Road, Mattituck,i NY. Subject premises is zoned~ Hamlet-Business and is iden- tified as Suffolk County ~ Map' Parcel N,o. ~0-114-1i-9.3.,, / 6. ?:50 p,m. AppL No. 4170 variance to/he Zoning Or- dinance, Article IIIA, Section 100-30A.3 for approval of deck with insufficient rear and side yards and in excess of lot' coverage limitation. Location i of Proper~y: 1055 Old Orchard Lane, East :Marion, NY; 1000-O1 ~-b~:O05 .~: Subje~t: pCemises consists of 10.5~~ acres and is located in,he R-80~ Zone D~strlc~;, -~,~ ~:- .,~', . ,, The Board of Appeals wffi at said time and place h~r ~y 0 and all persons or represen- '~ tatives desiring to be heard o~ County Tax Map Parcel N°· the above matters. Written' 1000-37-~-~q;,~!~ :~r~q'?.~d, comments may also be' sub~ 9. 8:05; p.m~ VARUJAI~ mittedprior tothec°nclusi°n; ARSLANYAN.. Re~ues~ f~: . of the Subj~t hearing. Each: VarianCe' ~0 the ~ning Or~, hearing will not start hefn~'~ din~c~ Article XXIlI, 'S~ . tion 1~-239.~ ag amended~ May 20, I~3 for Permissio~ to cons/ma Open deck-spa ad7 dltion with an insufficient set~ back from the bank along the~ Long Island Sound. The:lo~ area and Width Of this Parcc~ are' noncgnf0rming ~ and i amI located'in th~'R-40 ~.~sidefitial Zone Districta~]lOcati°n of- Property: 5445~unty Road 48, Greenport (near he tiifi~s aeSli~ate~ ab°ve. ~ou wish to review the files or~ ~eed to requ&st more informa-' tion, please call 765-1809 o[ visit our offiCeY ~.;;i'q.'~! )areal: June 8, 1993, ~! ;. ~. BY ORDER OF THE ' SOUTHOLD TOwN ;~:' BOARD OF APPEALS. GERARD P. GOEHRINGER · i i~ CHAIRMAN ' i bY Linda Kowalski IX-6/10/93(49) APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Sers~e Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 7993 TO WHOM IT MAY CONCERN: Enclosed with this letter is a copy of the Legal Notice, as published in the Town's official newspaper (Long Island Traveler?Watchman, Inc. located in Southold, NY). The Legal Notice outlines a generalized description of the relief or use requested in your application, the location of the property, and the time, date and place of the public hearing. Please have someone appear in your behalf aG the time specified in the event there are questions (and to prevent a delay in finalizing your application). Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. If your presentation is length~, a draft or final written'copy is always appreciated. In the event you wish to amend your application tD include other relief and other sections of the Code to be considered, you must file separate application forms~ obtain a new Notice of Disapproval from the Building Inspector, and amended filing fee. You may request a postponement of the application if the new amendments affect the initial application. Please feel free to call our office if you have any questions or wish to update your file prior to the hearing date. Yours very truly, Linda Kowalski Enclosure PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF $OUTHOLD June 22, 1993 (7:30 p.m. Hearings Commenced) Pres e n t : HON. GERARD P. JAMES DINIZIO, GOEHRINGER, Chairman JR., Member ROBERT A. VILLA, Member RICHARD C. WILTON, Member (Absent and Excused: SERGE DOYEN, Member) LINDA KOWALSKI, Clerk-Assistant to Board ZBA HEARINGS 24 June 22, 1993 APPLICATION NO. 4173 - CROSS STITCH CAT LTD. and ALLOBRICK REALTY CORP. Request for approval of square footage/dimensions of second ground sign, as proposed. Location of Property: 13400 Main Road, Mattituck, NY. Subject premises is zoned Hamlet-Business and is identified as Suffolk County Tax Map Parcel No. 1000-114-11-9.3. 8:03 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: We have a letter in the file from Mr. O'Connor, and we have a copy of the original sign, and we have approximate posts, an indication of how the sign is to be fastened, and I guess that should take care of it. I will ask: Who would like to speak, Mr. O'Connor? Appearance: MR. O'CONNOR: of where we were. THE CHAIRMAN: hanging up on the-- Steven O'Connor, Applicant pro se. Basically, we relocated one block east Is this the original sign that was MR. O'CONNOR: Correct. We are proposing to mount it on two 6 by 6 posts in the grassy area to make it symmetrical with the use sign on the west side of the building. THE CHAIRMAN: Okay. ZBA HEARINGS 25 June 22, 1993 MR. O'CONNOR: Basically. we are trying to utilize the sign that was at the old store location. THE CHAIRMAN: Is there any particular reason why you don't want to mount it on the building? MR. O'CONNOR: We just thought visibility-wise having it perpendicular to the road, the way the Roy Reeve sign is, would make it more visible, and the owners of the building weren't too keen on having it mounted on the building. When Country Time had that premises rented, they had a sign bigger than what I propose mounted on two 4-by-4's, so it looked like' it was mounted on the building, but it wasn't. The holes in the ground are still there from ~hen he removed it. I don't know how effective that was as a sign though. THE CHAIRMAN: There was no indication at any time of affixing it to the base of the Roy Reeve sign or anything of that nature? MR. O'CONNOR: No. We had proposed putting it on the opposite side of the east side of the building, because it is separate parking with separate entrances which would really confuse his customers --and ours, THE CHAIRMAN: I know. around this, the whole situation, I think, as far as-- We are just.trying to get that we are treading on different things here tonight in reference to the first hearing, and now of course the situation with the crackdown that is existing in reference to the new sign philosophy. ZBA HEARINGS 26 June 22, 1993 set up, MR. O'CONNOR: I think. THE CHAIRMAN: We try, legally the way the Code was Notwithstanding the fact that you are absolutely correct that altho the buildings are attached, there are definitely two separate parking lots, and there are definitely two separate sides to the building of which you would gain the access to both buildings, and so on and so forth. I really don't know what to say, except that you know we will definitely deal with it. Do. the owners have any specific concern? I know we asked them to come, and we do appreciate their coming. UNIDENTIFIED OWNER VOICE: No real concern, Jerry, but I think --you know how near we are to the street, and the sign attached to the building for retail operation, I think would be very ineffective. CLERK KOWALSKI: Could I have your name please for the record? ROBERT McCARTHY. CLERK KOWALSKI: Thank you. MR. O'CONNOR: Where we are proposing to put this sign, in the grassy area, would not restrict visibility as far as going in or out of the parking lot; and it is not going to be a lighted sign. Because it is a little bit bigger than what --it is 24 square feet is the maximum of the standing sign. ZBA HEARINGS 27 June 22, 1993 This is a base of the sign without the mounting? THE CHAIRMAN: I would say it would be total How big is the sign? around. little bit bigger larger. Do they consider just the sign. MR. O'CONNOR: It is a 4 by 8. THE CHAIRMAN: Well, we will certainly kick it Just let me --Is there any questions here? Jlm? MEMBER DINIZIO: I think there is a picture of the proposal. THE CHAIRMAN: I didnd't look down. Rich? have it right in front of me. I just MEMBER WILTON: No questions. THE CHAIRMAN: No further questions. We thank you very much, ladles and gentlemen, for coming in. Is there anybody else who would like to speak in favor or against? (There was no response.) THE CHAIRMAN: Seeing no hands, I will make a motion closing the hearing and reserving decision until later. (Seconded and carried; see Clerk's Minutes.) Copies of the Legal Notice for 6/22 Hearings to: Hand Delivery to L.I. Traveler-Watchman Office on 6/8 for publication Fax Transmission to Times-Review (courtesy copy) Copies mailed to the following 6/8/93: Stephen L. Ham III, Esq. (Re: Ferguson and Buckner) Matthews & Ham 45 Hampton Road Southampton, NY 11968 Mr. and Mrs. Thomas Mangiamele 3180 Duck Pond Road Cutchogue, NY 11935 Mr. and Mrs. Stephen O'Connor Cross Stitch Cat Ltd. P.O. Box 118 Mattituck, NY 11952-0118 Mr. Roy L. Haje, President En-Consultants, Inc. .1329 North Sea Road Southampton, NY 11968 (T. Petikas) Rudolph H. Bruer, Esq. Main Road - Box 1466 Southold, NY 11971-1466 (Re: H. Mormile) (Re: P. Stiefer) Philip J. Cardinale, Esq. Jamesport Center Main Road - Box 2021 Jamesport, NY 11947-2021 (Re: J. Cronin) Mr. Merlon Wiggin, P.E. Peconic Associates, Inc. One Bootleg Alley Greenport, NY 11944-0672 (Continued on next page) 6/22/93 Hearings - Mailing List: (Continued from previous page) Mr. and Mrs. Varujan Arslanyan 1055 River Road Apt. PH 11 South Building Edgewater, NJ 07020 Anthony B. Tohill, P.C. 12 First Street Box 1330 Riverhead, NY 11901-1330 (Re: G. Price APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 June 1, 1993 TYPE II ACTION DECLARATION Appeal No. 4173 Project/Applicants: County Tax Map No. Location of Project: Cross Stitch Cat/Allbobrick Realty Corp. 1000- 114-11-9.3 13400 Main Road, Mattituck, NY 11952 Relief Requested/Jurisdiction Before This Board in this Project: Request approval of square footage/demensions of second ground sign This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990). Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)), this determination shall have no affect upon any other agency,s interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, $outhold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (5 ! 6) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk June 1, 1993 ZONING APPEAL APPL. NO. 4173 - STEPHEN O'CONNOR (CROSS STITCH CAT) Transmitted herewith is Zoning Appeal Appl No. 4173 - STEPHEN O'CONNOR together with the Notice of Disapproval from the Building Department, a copy of a letter from the State Department of Transportation, the Notice to Adjacent PRoperty Owners, one photograph of a sign, a copy of a tax map, a copy of the sign and its colors, etc., a copy of a letter from AIIbobrik Realty Corp., a copy of a sign application from the Zoning Board of Appeals, a copy of the certificate of occupancy and a copy of the Short Environmental Assessment Form. Judith T. Terry Southold Town Clerk IPROJECT LD. NUMBER t 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION ~To be completed by Applicant or Project sponsor) SEQR 3. PROJECT LOCATION: 6, DESCRIBE PROJECT BRIEFLY: Initially acres Ultimately acres 9. WHAT IS PRESENT LAN0 USE IN VICINITY OF PROJECT? [] Re$iOenlJal [] [n~ustNal ~*CommerCfal r--~Park/PoresuOpe~ soace []Other 10. DOES ACTION INVOLVE A PERMIT APPROVAl. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAl_ STATE OR LOCAL}? [] NO If yes. list agency(s} an¢~ pe~miuaD~ovals 11. DOES ANY ASPECT OF THE ACT~.SN HAVE A CURRENTLY VAUD PERMit OR APPROVAL? $2. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITtAPPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDBD AeOVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action is in the Coastal Area, and you are a state agency, complete t~e COGStal Assessment Form before procoeding with this assessment ovER 1 '(Continued on reverse side) of ~L~he-N'Y'M' Environmental Quality Review A · · before any action is taken. -*~ ~e maue by ~h~ ~oar~ (a) In order to answer the questions in this short EA~ it is assumed that the Prepare.r will use currently available information concerning the project and ~he likely impacts of the action. It is not expected that additional studies, research Or Other investigations will be undertaken. (b) If any question has been answered Yes the project may he sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered NO it is likely that the : project is not significant. (d) Environmental Asse~sme~ 1. Will project result in a large physical change to the project site or ohvsical~y'alter more than 10 acres of land? ~ ' 2. Will there be a major change to any unique or u~ual land form on the site? 3. Will project alter or have a large effect on ~ existing body of water? 4. Will project have a potentially large impact on groundwater quality? 5. Will project significantly effect drainage flow on adjacent sites? Will project affect any threatened or endangered~ plant or animal species? 7. Will project result in a major adverse effect on air quality? 8. Will project have a major effect on visual char-~Yes --~ .~ known to be important to the community? ._._Yes 9. Will project adversely impact any site or struct- ute of historic, Pre-historic, or paleontologicul importance or any site desi=nated as a critical envircamental area by a local agency? ___Yes __~ 10. Will project have a m~jor effect on existing or future recreational opportunities? ..__Yes 11. Will project result in major traffic problems or cause a major effect to existing transportation · ' ' systems? 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the pro3ec~,s operation? ~Yes .. 13. Will project have any impact on public health 14. Will project affect the existing co~aunity by .___Yes ~ tion of more ~han 5 percent OVer a one-year _.._Ye~ per~od or have a major negative effect on the ch~rac=~ of the community or neighborhood? QUEST!C~;AIRE · FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of : ' the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet ma~ be a__ttached.) ~5¢0.s~S- ~rn-/3f F3I-z- ~r'h- ~ x- - - - - B. Is the subject premises lis~e~ on the real es~a~e mar~e~ ~or sale or bein~ shown to prospective buyers? { } Yes C. Are therm a~zy~ozalm to ~mnge~ alter l~d c~tc'~u? { } Yes {~ No D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas s~hown on the map submitted with ' this application? 3. Is the property bulkhea~ed betwDen the wetlands area and the upland building area? 4. ' If your property contains wetlands or pond areas, have you contacted the Office of the Tow~ Trustees for its determination of jurisdiction? . E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? /~'o (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which e~3-~ m_nd are not sh~n cn the survey map that you submitting? _A~O If none exist, please state "none." · G. Do you have any construction taking place at this time concerning your premises? /%/0 If yes, please submit.a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you ~ any co-owner alsd own other land close to this parcel? /vO If yes, please explain where or submit copies of deeds." I. Please list. present use __~operations or parcel ~/~ proposed Use ~u~n~ri~ed Signature an~D~ 3/87, 10/901k '- conducted at this and § 97-13 WETLANDS § 97-13 TOWN ~ The Town of Soul:hold. TRUSTEEs -- The Board of Trusteee of the Town of Sou~hold. [Added ~5-84 by L.L. No. 6-1984} W~ ~-U-.A~NFDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 8.5 by {, 7, N~.~-lg~LS]: -:' ,~V ~[DAL WETLANDS: (1)All lands generally covered or inf~ermittently cov- ered with, or which border on. tidal waU~rs, or lands lying beneath tidal waters, which at mean iow tide are covered by tidal waters to a maximum depth of five (5) feet. including but not limited to banks. ' bogs. salt marsh, swamps, meadows, fiats or ocher Iow lying lands subject to tidal action; (2) All banks, bogs. meadows, fiats and tidal marsh subject to such tides and upon which grows or may grow some or any of the followin~ sal~ hay, black ~rs~, saltwort, sea lavender. ~ll cordless, h~h bush. c~t~ils. ~roun~eL ~r~ ~r~ ~ (3) Ali ~d immedin~e~ nd~acen~ ~ a tidal w~land a~ defined ~n Subsection A(2) and ]y~n~ within zeven- ty-five (75) fee~ landward of the mo~ landward edge of such a tidal well,nd. B. FRESHWATER WETLANDS: (1) "Freshwater we~innd~" ~ defined in Article 24. Ti- tie I. ~ 24-0107. Subdivisions 1{~) to l(d) ~nclu~ive. of the Environmen~l Conservation Law of the S~te of New York: nnd (2) All land immediately adjacent to a "freshwater wet land." as defined n ~ubsection B(1) and lying with- In Seventy.five (75) feet }ai,d~vard of the most land- ward edge of a "freshwater wetland." - - · 9705 ~'- ."s. ss FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No. z16797 ................. Date April 13, ~988 THIS CERTIFIES that the building Alteration and renovation Location of Property 13400 M a i n R o a d M a t t i t u c k House No. Street ......... ~l~/e~ County Tax Map No. ] 000 Section ...~ .1.4 ....... Block I I .Lot 7. 1 Subdivision ............................... Filed Map No ......... Lot No .............. conforms substantially to the Application for Building Permit heretofore filed in this office dated April 6, 1987 ..................... pursuant to which Building Permit No. 16133 Z · dated .Tune 25, 1987 ............................ 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.e.r. & renovate an existing building as applied for Thee'certificate is issued to ALLBOBRIK REALTY CORP. ..................... ...................... of the aforesaid building. Suffolk County Department of Health Approval N/A UNDERWRITERS CERTIFICATE NO. Pending 4 / I 1/88 PLUMBERS CERTIFICATION 12ATE~: Robert Bugdin Building Inspector Rev. 1/81 STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION VETERANS MEMORIAL HIGHWAY HAUPPAUOE. N.Y. ti?S8 M~y 28, .1993 The Cross-Stitch Cat ~2900 Main Road Mattituch, NY 119~2 Att: Steve O'Connor Dea.~' Mr. 0 ' (]onnoI': REVIEW OF SIGN SITE South side of Route 25, opposite Wickham Avenue (#13400 Main Road), Msttituck This letter is ih response to your recent request for our review of the proposed sign site at the location referred to above and described in your face,mile transmitted to this department on ~aY 27, ].993. Please be advSsed that the proposed s~ght is on privately-owned property and is therefore in conformance wtt~ection 52 of the High~a2 Lsw. Addttiorm]]y, es of this date,~art of Route 25 ia not subject to the prov~slona of Section 88 of the Highway Law. Therefore, as long as you have the consent o£ the ].and owner and the local munlcipa]~ty$ the sign may be erected without any permits from our depurtment. We trust that these comments are adequate for your needs. Thank you for consulting with us in this matter. If there are any questions, you m0y oontac% S. Lauer at (516)~6G-6091. truly Associate Right of Way Agen~ AN EQUAL OPPORTUNtTY/A/'/'IRMATIVE ACTION EMPLOYER ZONING geAR3 OF APP'IF..AL~ ToWN H^LL MA~N ROAD - $. R. 25 $OUTHOLD, N.y,..11971 Minimum considerations for sign applications: This is a preliminary review of your sign inquiry. The following information is necessary in the initial review. You must submit all of the following information before filing an application concerning an existing sign: {x} ~ Is this property located within 500 feet of County or State road or highway? _~6~ (Yes or No). If yes, proof is necessary to show that the N.Y.S. Department of Transportation in Hauppauge has received and approved a {x} ~Copy of previous sign permit issued by the Building Department, or copy of Notice of Disapproval dated within the last 60 days from the Building Inspector -- if you do not have a previous sign permit, you will need to file a sign permit application with the Building Inspector in order to obtain a Notice of Disapproval; {x} A previous sign approval was obtained from the ~oard of Appeals by Special Exception to advertise ~! (please fill in); {x} If you sign has been erected for more than 35 years, please submit proof; ~ {x} Has this sign ever been altered: to change the wording ~O ~ (Yes or No). to change the size of the sign ~ to be in a different location on the property _ or removed for the purposes of painting {Yes or No to each of the above.} {x} {x} The month and year that the sign was placed on the. property must be provided: / / . {x} The exact wording of the sign must be provided: {x} {x} {x} {x} {x} The dimensions of the sign must be provided: ~l length by  w idth by height. · Also clearance from ground to bottom of s~gn:l Also total height of sign from ground: v/loc~tien of the =~g- mu~t.be provided If sign is located on a building, please indicate which section of the building: front wall; roof; side wall other. Current ~=-' ~ .' of the sign is required with the above information. Have you or any member of your family been contacted by the Building Department concerning noncompliance with any provision of the zoning, code for this sign or any existing structures? ~0 (Yes or No) If yes, please explain briefly: 5/11/93]k C~,a · 1.2 A(C) 2.0 14,1 14cZ (OPEN SPACE) FOR PARCEL NO. SEE SEC NO. 122-03-001,4 MATCH ~' ..... LINE A 2.9A~) 2.5A(c) 14,4 SEC. NO. 122 FOR PARCEL hO. SEE SEC NO J22 -08-004 (~) COUNTY OF SUFFOLK SOUTHOLD ReaJ Property.Tax Service Agency County Center Riverhead, L. 1., New York DISTRICT NO. JO00 SECTION NO. PROPERTY MAP : ,/ooo--_ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER .' STREET,'--4/'?'~L~/C)L'~ VILLAGE DIST SUB. LOT ,FORMEROWIqER ,.. a , N MO~t, {~-.~:~EL-IJ E ACR. LAND IMP, TOTAL DATE REMARKS AGE BUILDI~ CONDITION N~. NOeL BELOW ABOVE ~1~ FA~ Acre. Volue Per Volue Acre Tillable 1 Tillable 2 Tillable 3 W~land Swampland FRONTAGE ON WATER Brushland FRONT*GE ON ROAD BULKH~D ' ',, D~K Total ~ ~ ~ ~' COLOR ExteA ofi~'~ -f~-~ Extension Extension Both Foundation Basement Ext. Walls Fire Rlace Type Roof Recreation Room Dormer Driveway 7~ Floors nterior Finish -teat Rooms 1st Floor Porch Rooms 2nd Floor Porch Breezeway Garage Patio Total A-C ,l > R-80 ~TTFnJCK PI~80 LIO ,/ A-C ......................... ~ ........................................... flYS? ~ JUDITH T. TERRY, TOWN CLERK RECEIPT Town of $outhold Southold, New York 11971 Phone: 516 - 765 -1801 DATE RECE,VED OF: ~ ~4~.~ ~ ~ 047030 v BY: BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oF the Petition of to the Board of Appeals of the Town nf Southold NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th.a~e intention of the undersigned to petition the Board of Appeals of the Town of Southo d to request a~.~ar~anc_~ (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subjec~t of the Petition is I~cated adjacent to your property and is des~ cribed as follows: ' '"'~ ~c---,r:~:. m~4..~3Cc~C~_~ 'i2;~.~l/,~r :, ~:~T~L~I~ ~Jl~_. : CCC&~-~ ~ 3. That the property which is the subject of such Petition is located in the following zoning district: 4 Ti,al such PeHti,,n, the undersigned will request the following relief: 5. Thal the provisions of the Southold Town Zoning Code apgliqable to the relief sought by the under- signedare Ar'd. cle -'~ Section iOO-- glo (~X) A {00 -~'tC (,9.') [ ] Section 280-A, New York Town Law for approval of access over r~ght(s)-of-wa¥. 6. That within five days from the date hereof, a written Petition requesting thc relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. {516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the 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:_ ~-c~9~ ~_~ Post Office Address Tel. No. (~) ~Z~-~ [Copy of sketch purposes.] or plan showing proposal to be at t a~,d C~or coh'genience PROOF OF MAILING OF NOTICE. ATTACH CERTIFIED MAIL RECEIPTS ADDRESS 371 108 333 Receipt for Certified Mail No ~nsurance Coverage Provided Do not use for International Mail (See Reverse) Postage Certified Fee Specla~ Delivery Fee Restricted Deliver,/Fee Return Receipt Showing to Whom & D~te Delh~ersd RetUrn Receipt Show~ng t~ Whom, STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ~ O"~'frr ~ ~f ~ being duly sworn, deposes and says that on the c9 7 day of ~ ,19 f ~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof,---~ldirected to each of the above-named persons at the addresses set opposite their reSpective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment r911 of the ~own of Sou~hold; that said No,ices were mailed at the United States Post Of- fic~c.~--.~ ~[~;(~'T'~ ~ ~.~L/ ;that said No~ices were mailed to each of said persons by (~ (registeredJ. mail.. Sworn to before me ~his o'~ Notary Public RICHARD C. SMITH NOTARY PUBLIC, STAI~ OF NEW YORK Qualified tn Suffolk Co..Ne. S2-4510JS~ C0 mmissi0n Expires,4/'o v' 30,19 -~.~. (This side does not have to be completed on form transmitted property owners.) to adjoining BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Somhold YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER I. T~intention of thc undersigned to petition the Board of Appeals of the Town of Southold to request aQ~Variance)~Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the s~ub!ect o[ the Petition is located adiacent to your property and is des- cribed as follows: '~oq ~-.~=~_~ 2-.Q~OA4r'6- r~,L~d,~6' ~ 6r3~-~ 51'bC5 Ci'C~-~dl~ ~ 3. That the property which is the subject of such Petition is located in the following zoning district: 4 TI,al h% such Petition, the undersigned will request the following relief: $. That the provisions of the Southold Town Zoning Code app!ic~bl.¢ to the relief sought I?y the under- signedare A:LLcle j~ Sec~_on jC~c~rC- (~) /J~ iL.~--~'i ~,,('"~_.-) [ ] Section g80-^, /'leu York Town Law for approval of access over right(s)-of-way~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma}' then and there examine the same during regular office hours. (5].6) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated:' M~ L~7. /'9C~ ' ' ' Petitioner Owners'Names:_ Post Office Address Te]. No. [Copy of sketch purposes.] or plan showing proposal to be pROoF OF MAILING OF NOTICF ATTACH CERTIFIED ~'43. IL RECEIPTS NAME ADDRESS 371 108 233 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: C~.~,TC ~ ~k/ ~ being duly sworn, deposes and says that on the ~7 day of ~ ~ , 19 ~ , deponent mailed a true copy of the Notice set forth on the re- verse sideher~of, directed to each of the above-named persons at the addresses set opposite their r~pective names; that the addresses set opposite the names of said persons are the addresse~ of said pc(sons as shown on the current assessment ~oll of the Town of Souzhold; that said Nolices were mailed at the United Sta~cs Post Of- fice at ~~ ; that said Notices were mailed To each of said persons by ~df~(rcgisteredJ mail. Sworn to before me this ,~'"~ Notary Public RICHARO (~. SMITH NOTARY PUBLIC,STATE OF NEW YORK 0ualifled in S~fteak CO,. No. 52,4510_15~ Commission Expires/V~¢' 30,19 .-~.~ (this side does not have to property owners.) % be completed on form transmitted to adjoining BOARD OF APPEALS, TOWN OF SOUTHOI_D In the Matter or the Petition of : to the Board of Appeals of the Town of $outhold : TO: YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY O~ER 1. That~e intention of the undersigned to petition the Board of Appeals of the Town of ?outhold torequesta (~(Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property)and is ~des- /~ cribed as follows: - "~OW (~.o~oJe. "T_.~,L_C~,.~'~. ""~z~o~L4~t.~6 , ~'~Sq'V.X~ ~'1~*. (,-~-OSg---.~Vll~,~(s~T' 3. Thai the property which is the subject of such Petition is located in the following zoning district: 4 Thai b, such Pelilion, lhe undersigned will request the 'ol,owing relief: ~/~ ~g 0~'~'- 5. That t~e ~rovisions of ~Be 5out~old Town Zoning Code a~l~aBJe to the relief sou~Bt By lhe under- signed are ~cle ~ ~ i~-q~ C (~) ~ t~--tt C (~) . [ ] Section g80-A, New York Town Law for approval of access over ~ight(s)-of-way. 6. That within five days from ~he date hereof, a written Petition requesting the relief specified above will be filed ln lhe Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine Ihe same during regular office hours. (516) 795-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board ot' Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of · right to appear and be heard at such hearing. .a,ed:' kL ,a7,. 1993 ' .:' such notices; that you or your representative have the Petitioner ~ , Owners'Names: Post Office Address Tel. No. (,~g) J~ -~gDg [Copy of sketch or plan showing proposal to be purposes.] at:~_c~ec~ fo~ c0~venience NAM~ PROOF OF MAltING OF NOTICE ATTACH CERTIFIED MAIL t{ECEIPTS ADDRESS 371 108 334 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) Certified Fee Specla~ Delivery Fee Restricted Delivery Fee STATE OF NEW YORK ) COUNTY OF SUFFOLK) L~u.J ~JG~.~ ~, being duly sworn, deposes and says that on the ,~7 day of L~./L~/ ! ,19 ~, , deponent mailed a true copy of the Notice set forth on the re- Yerse side he~'eof, directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresse~ of said persons as shown on the current asscssmenl; roll o(tbe Town of ncc a, (c~(rexistcred) re.ail. / $outhold;that said Notices were mailed at the United States Post Of- ; that said Notices were mailed to each of said persons by Sworn to before me this Notary Public RIOHARO NOTARY PUBLIC, STAff OF NEW YORK 0ualified in Suffolk CO..No. Commission ExpiresA/o~/ ~0,19~--~'-~ (This side does not property owners.) have to be completed on form transmitted to adjoining BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter or the Petition of : tO the Board of Appeals ~f the Town nf Southold : to request aQ (Special Exception) (Special Permit) 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 Southold (Other) [circle choice] 2. That the prop_erty which is the subject of thc Petition is located adjacent to your property and s des- cribed as follows: '"~, 3. That the prop~w.~h~is the subject of such Petition is ,oc:,tcd in the following zon ng district: 4 TI,a, h, such Petition. the undersigned will request the following relief: ~/S,~ L'~ S. That the provisions of the 5outhold Town Zoning Code applicable to the relief sought by the under- [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way: 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the 5outhold Town Clerk's Office at Main Road. 5outhold. New York and you ma), then and there examine the same during regular office hours. {516) 765-1809. 7. That hefnre the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner Owners ' Names :_ Post Office Address Tel. No. (~51~) [Copy of sketch or purposes.] plan showing proposal to be att~c.l~e~ for~ cofi~Venience PROOF OF MAILINGOFNOTICK ATTACH CERTIFIED M~IL RECEIPTS ADDRESS 371 108 232 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) STATE OF NEW YORK ) COUNTY OF SUFFOLK) ~~- ~ , ; being duly sworn, deposes and says that on the ~7 day of ~ ~ ,19 ~ , deponent mailed a t~ue copy of the Notice set forth on the ~e- verse side herebf, directed to each of the above-named persons at the addresses set opposite ~heir ~pective names; ~hat the addresses 5et opposite the names of said persons are :he addresse~ of said persons as shown on ~he curren~ assessment roll of the,Town of 5outhold; tha~ said Notices were maUed at the United Sta~es Post Of- ~ ~~ ~, ; ~hat said Notices were mailed to each of said persons by ~ {regis'feted) m?l. Sworn to before me this ~ ~ Notary Public RICHARD C. SMITH NOTARY PUBLIC, STATE OF NEW YORK Qualified in Suff01k C0..Ne.52-451015~ C0mmisslonExpires A/oV'a0,19 ~' (This side does not property 9wners.) have to be completed on form transmitted to adjoining BOARD OF APPI~ALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southold To: 3os :? , B ,r A 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 Southold to (Special Exception) (Special Permit) (Other) [¢±rcle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and s des- cribed as follows: 3. That the property which is the subject of such Petition is located in the following zoning district: 4 That h5 such Petition. the undersigned will request the following relief: ~eRT /StB~, h~ V~l~ 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ']~ Section [' 1 Section 280-A, Ne~ York To~n Law for approval of access over right(s)-of-way~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold. New York and you ma)' then and there examine the same during regular office hours. 1516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the · right to appear and be heard at such hearing. Dated:' /~t4 ~.7 ]t~(~_~ . Petitioner Owners 'Names: Post Office Address Tel. No. (~t~) [Copy of sketch purposes.] or plan showing proposal to be attac}i'e'it for convenience NAM~ PROOFOF MAIUNGOF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS 371 108 231 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) ertifled Fee SDeciel Oelivery Fee Restricted Delivery Fee STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: M~tao3 ~/O~._~ ; be ng du y sworn, deposes and says that On the ~ ? day of t0,~k/ t ,19 ~ , deponent mailed a true copy of the Notice set forth on the re- verse side he~eof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment; roll of thc Town of Southold; that said Notices were mailed at the United States Post Of- t"~..,e-at. ['[~{--f'~(-~l ~ ~' ;that said Notices were mailed to each of said persons by ) {registered) m?l. Sworn to before me this ~ ~ ~'~' Notary Public RiO~~ NOTARY PUBUC, STATE 01: NEW YORK 0ualitied in Suffolk Co.. No. 52-45101~ Commission Expires/%/O V'30.19 Jf--~ (This side does not have to property owners.) % be completed on form transmitted to adjoining