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Home My WebLink About4157.~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 R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4157: Matter of the Application of Application of DEPOT ENTERPRISES~ INC. for a Variance to the Zoning Ordinance, Article VII, Section 100-71C (which refers to 100-31C-4, 100-33) of the residential accessory use provisions), for permission to establish and locate accessory outdoor recreational area with outdoor lighting incidental to the main use of the premises. Location of Property: 320 Depot Lane, and 29325 Main Road, Cutchogue, NY; County Tax Map Parcel ID No. 1000-102-2-12.1. Subject premises is zoned Residential-Office (RO) and contains a total lot area of 1.6+- acres. WHEREAS, after due notice, public hearings were held on March 18, 1993 and on April 22, 1993, and at said hearings all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application requesting permission to locate outdoor recreational area with outdoor lighting as accesory uses incidental to the main use of this property. Submitted as part of this application are sketches showing a proposed volleyball court, fence areas, and the proposed lighting. 2. The property is located in the Residential-Office (RO) Zone District is contains a total area of approximately 1.6 acres, of which 147.39 feet fronts along the north side of the Main State Road and 173.13 feet fronts along the east side of Depot Lane. 3. The subject premises is bounded on the north by residences; on the west along Depot Lane by a gasoline station Page 2 - Appl. N 157 Matter of DEPOT ENTERPRISES, INC. Decision Rendered May 11, 1993 and a house all located in the Hamlet Business Zone District. North of the Hamlet-Business Zone is the Cutchogue West School which is improved with the school's main building and outside playgrounds and outside recreational areas. To the south is the Main State Highway and property zoned R-40 Low-Residential. 4. The location of the proposed outside recreational court and lighting is generally north of the existing parking lot with setbacks at not closer than 24 feet from the northerly property line and at least 30 feet from the easterly property line. The lighting is shown to be at each of the four corners of the volleyball court. 5. It is the position of the Board in considering this application that: (a) the circumstances are uniquely related to the property and there is no method feasible for appellant to pursue other than a variance - particularly since a substantial part of the buildable areas of this parcel consists of "front yards" that area extending east from Depot Lane and that area extending north from the Main State Highway; (b) the relief is not substantial in relation to the requirements; (c) the relief requested will not cause a substantial effect on available governmental facilities since the areas are not enclosed buildings and is directly related to the main use of the premises (recreational club) and not involving a separate business; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties since the proposed building will be located with an adequate setback and buffer area from the northerly property line at 32+- feet; (e) there will be no adverse undesirable change in the character of the neighborhood or detriment to nearby properties created by the location of the volleyball courts in the front yard area; (f) the relief sought by applicant cannot be achieved by another method other than an area variance; (g) the proposed variance will not have an adverse effect or impact on the physical or environmental conditions in this neighborhood or zone district; I Page 3 - Appl. No~4157 Matter of DEPOT ENTERPRISES, INC. Decision Rendered May 11, 1993 (h) the difficulty is related to the uniqueness of the property and is not self-created; (i) the relief requested will be the minimum necessary to afford relief. Accordingly, on motion by Member Dinizio, seconded by Member Wilton, it was RESOLVED, to GRANT the relief as requested under Appl. No. 4157, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the lighting, which is proposed for seasonal playing of volleyball, be out by 10:00 p.m.; 2. That additional screening be added to provide a staggered (or straight) buffer, inside the applicant's property line, for a distance of between 75 ft. and 100 ft. in length; screening shall be with fruit trees (or similar) a~ planted at a height of three (or four) feet, and maintained in good condition at all times for screening purposes; 3. That the use of the court be for the playing of volleyball and remain accessory and incidental to the main use of the premises in accordance with the Special Exception granted May 2, 1985 under Application No. 3322 for a private recreational club. The use of the volleyball courts may not be operated as a separate business. Vote of the Board: Ayes: Messrs. Dinizio, Wilton and Goehringer. (Absent were: Members Villa and Doyen). This resolution was duly adopted. lk GERARD P. GOEHt~INGER,/,CHAIRMAN i ECEIVED AND FILED BY THE SOUTHOLD TOWN C~l,~ DATE ~-~/~3 HOUR ~ o~ Town Clerk, Town of £out.o~d' ~ APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE oF PUBLIC HEARINGS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY~ APRIL 22, 1993 commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4162 - THE INGEBORG TALLAREK TRUST. Request for Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A for permission to locate ~n' addition within 100 feet of the. L.I. Sound bluff at 905 Aquavie~'Avenue, East Marion, NY; County Tax Map Parcel No. 1000-21-2-11. This parcel is substandard in this R-40 Zone District and contains a total lot area of approximately 24,000 sq. ft. 2. 7:35 p.m. App!. No. 4163 - RUSSELL IRELAND~ JR. Request for variances to the zoning Ordinance: (a) Article IIIA, Section 100-30A.4 {100-33B-3) for permission to locate accessory garage with a side yard setback at less than the 'required 10 feet; (b) Article XXIII, Section 100-239.4B for approval of a ~age 2 - Notice of~rings Southold Town Board of Appeals Regular Meeting of April 22, 1993 proposed new deck addition and for grandfather approval of existing deck addition built prior to May 1985, all of which is located within 75 feet of the bulkhead along Great Peconic Bay and with reduced easterly side yard to less than the 20 feet, and total side yards to less than 35 feet, as required by Article IIIA, Section 100-30A.3. Location of Property: 5400 Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-.128-2-12. This parcel contains a total.lot area of 43,402 sq. ~ft. and is located in the R-40 Low-Density Residential Zone District. 3. 7:40 p.m. Appl. No. 4059 - JO~N SEPENOSKI, JOHN A. NOBILE and SUSAN NOBILE. Request for Variances: (a) for approval of access for fire and emergency vehicles over a private right-of-way PUrsuant to New York Town Law, Section 280-A, and (b) to the.Zoning Ordinance, Article XXIV, Section 100-244B (Article IIIA, Section 100-30A.3) for approval and recognition of substandard lot area and depth, as exists, in this R-40 Low-Density Residential Zone District. Location of Property: 5600 Horton Lane, Southold, NY; County Tax Map Parcel No. 1000-54-3-14.7. This parcel contains a total lot area of approximately 33,542 sq. ft. and depth of 140.97 feet. 4. 7:45 p.m. Appl. No. 4157 - DEPOT ENTERPRISES, INC. (Reconvened and continued from March 18, 1993)'. ~P~ge 3 - Notice of ~rings Southold Town Board of Appeals Regular Meeting of April 22, 1993 5. 7:55 p.m. Appl. No. 4156 - GARDINERS BAY ESTATES CLUB, INC. (record owner as per Deed at Liber 7671 page 415)-filed by GARDINERS BAY ESTATES PROPERTY OWNERS ASSOCIATION. {Reconvened and continued from February 2'3, 1993}. This is an Appeal based upon the February 10, 1993 Notice of Disapproval issued by the Building Inspector requesting an Intepretation of Article III, Section 100-31C(3) of the Zoning Code which provides for "...docking or mooring facilities for no more than two (2) boats other than those owned and used by the owner of the premises for his personal use." Applicant is proposing to construct new dock areas with multiple boat facilities at the community beach of Gardiners Bay Estates. 'Location of Property: Part of Private Road known as Dogwood Lane situated along "Spring Pond," an estuary, of Orient Harbor; also shown on the Map of Gardiners Bay. Estates, Section 2, filed in the Suffolk' County Clerk's Office as Map No. 275, East Marion, NY; County Tax Map ID Nos. 1000-37-1-part of 23 (private road), and part of 17 (underwater land). 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: April 9, 1993. By ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMAN By hinda Kowalski FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOVTN CLERK'S OFFICE SOUTHOLD, N~Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated ...,..~..~..oo~.. ~o~ ~o~ ' ' '~ .... s~/~J ........ County Tax MapNo. 1000Section ..... /~ .... Block .... ~ ...Lot (~' Subdivision ................. Filed Map No ................. Lot No .................. ~s returned herewith and disapproved on the f~lowing grounds ~ ~ ~~ ~ ~g~ ' .................... ~ Bu~ldzng Inspector RV 1/80 TOWN OF SOUTHOLD BmLmNG OEPA.TMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-18013 Approved . .. :. ........... , 19 ....Permit No ............ (Building Inspector) APPLICATION FOR BUll. DING PERMIT ~ARD OF HEALTH ......... 3 SETS OF PLA~IS .......... SURVEY ................... CIIECK .................... SEPTIC FORH .............. CALL ................... HAIL TO: Date ................... 19... INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. ~ ,, c. The work covered by this application may not be cor.~menccd before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises a~ ailable for inspection throughout the work. e.. No b~ildiug shall be occupied or used in whole or in paxt for any purpose whatever until a Certificate of Occupancy 'shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Buitdivg 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, housin~ code, and regulations, and 'to admit authorized inspectors on premises and in building for necessary inspe~ions./I I\ ~ ] · -- (Signqt~re o[ apI~li~antObr name, if a corpor~ion) (M~ling address of applicant) .o,..e. whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder· Name of owner of pr~-~ises ............................. .~-.': ........... ."0.. · (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. .... 't/tie of corporate officer) ....... ; :~e-. ' ............ :' ' Builder's License No ............................ Plumber's License No ......................... Electric. lan s License No ....................... Other Trade's License No.... ................... 1. Location of land on which proposed work will be' done .......................................... ~.~:i;e"~qi~ii; .......... '.~'- ' ' ' '~' ' ...... ~'r~~' ' ' 'L~dt~' ' ' ..... "~ ' '~: ' '-'::: ........ County Tax Map No. 1000 Section .... /.0. ~ ....... Block...~....O...~.:-. ...... Lot. 'ia, Subdivision ..................................... Filed Map NO ..... .......... Lot ............... (Name) - 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ... ~..~ Ce~.~. ....... ,,,,~ ............... b. Intended use and occupancy ...... ~.~ ............... .~:~' ~ 3. Nature of work (check which applicable): New Building · Addition Alteration Repair .............. Removal ........ Demolition ....... Other Work ...; ...... "~ ~.0 ~ (O riptio ' 4. Estimated Cost ...... · OO · Fee ·.. . ,3 (to be paid on filing this application) $. If dwelling, number of dwelling units ............... Number of dwelling units on ~ach floor ................ · If garage, number of cars ............................................................. 6. If b~lsiness, c°mmercial or mixed occtlpancy, specify natnre and extent of each type of use .......... 7. Dimensions of existing structures, if any. Front. · / · . Rear ... ~,---- ' Hek, ht .... ' . '' t ....... · ...... .... s~cpm .... -',,' ................. r~umoer ot' Stones ...... Dimensions of same structure with alterations or adaitlons' ' ' ': ' .... ...... ...... .'" " Depth ...................... Height ........... ; ,; ........ Number of Stories... ~ ..... 8~ Dimensions of entire new construction: Front ............... Rear .......... : .... De th . Height ............... Number of Stories .... P .... '.-' "<j' ' '9. Size of lot Front Re~' ........................................ ' .....:' .. ..................... ,u .................... Depth . . · 10. Date of Purchase Na ~" ................... I I. Zone or use district in which premises are situated ...................... 12. Does proposed construction violate any zoning law, ' ............................... 13. Will lot be regraded ..... ordinance or regulation: .............................. 14. Name of Owner of premises ....................... Will ercess fill be removed from premises: Yes No~. .................. '.. Address .................... Phone No .............. -. Name of Architect ........................... Address ................... Phone No ................ Name of Contractor ........................... ~,ddress ................... Phone No ................ 15. Is this property within 300 feet of a tidal wetland? *Yes~' ....... No.. *If yes, Southold Town Trustees Permit may be required. ' ...... ~' ''~ ... PLOT DIAGRAM Locate clearly and distinctly ail buildings, whether existing or proposed, and. indicate all set-back dim ensior, s from: property lines. Give street and block number or description accon'ing to deed, and show street names and indicate whether interior or comer lot. ~ COUNTY OF ........ S.S ..... Z . .......... (Name of individual sign~g contract) being duly sworn, deposes ~d says that he is the applicant ~bove named· te is the .. . ~ (Contractor, agent, corporate officer, etc.) f said owner or owners, ~d is duly authorized to perfo~ or have perfo~ed the said work and to m~e ~d file thi~ pplication; that all statements contained ~ this application are true to the best of his knowledge and ~ef; and that t~ ,ork w~l be perfo~ed in the m~ner set forth ~ the application filed therewith. worn to before me this ................... day o .............. ,19. 'ota~Public,..~,,~., ..... '. County ~ ~ :~:a ANN M. SO~ ~ P~I~ ~ate ~ N~ ~ . . FEB I993 TOWN OF SOUTHOLO, NEW YORK Seuthold ?ewn Cle,~ /. /~, APPEAL NO. -%~ l APPEAL FROM DECISION OF BUILDING INSPECTOR DATE ....................... .... ... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. I, (We) Q.EP.~).Z...EN.T.E&P.&I.&6$.r-..I-N&, ............ of ...2.~.?..O.~....r~r3j.[t...~,~.~.~.,....l;.u~,.&h¢.gu& ......... Name of Appellant Street and Number .-[.(~w.g. D f....So4~b, oJ4L ................................ ~¥...1..],.~8~.....HEREBY APPEAL TO · ' ' Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. J ................................... DATED ............... ~ .......... ./. ........................ WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit . .. p..e..g..o..L.L 5. ................................................. Street and Number Municipality State of ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) permit to locate volleyball courts with outdoor lighting I. LOCATION OF THE PROPERTY 29205 Main Road, Cutchogue R0 zone Street /Hamlet / Use District on Zoning Map District 1000 Section 102Block2 Lot12.1~ , .................. .burren~ Owner Depot Enterprises, Inc. Map No. -Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III SectionS 100-33(r~f. 100-32C+(from 100-71C) 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( X ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law' Chop. 62 Cons. laws Art. 16 Sec. 280A Subsection 3 () action . 4. PREVIOUS APPEAL A previous 9p4o~1 (has) (J~(Rqf'kbeen mode with respect to this decision Of the Building Inspector or with respect to this property. · Such appeal was (X) request for a special permit #3322 for a recreati anal club { ) request for o variance and was made in Appea! No ................................. Dated 'ap~.ro.v..e.d...M..a.y 2, .1985 . area REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance is requested for the reason that zBA action i s requi r~d requested for the. ¥~olleyball court(s)r, orth of the and to a1~1o~ lighting out-of-doors. to recognize the ar. ea mai'n building.as rear yarc (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sa~ HARDSHIP because there is no alternative yard location available without a variance. The northerly yard area has for many years been utilized as rear yard area in accordance with the zoning regulations prior to January 1989. When my property was downzoned from "B-Light Business" to "Residential Office," the regulations pertaining to accessory structures and their location was also revised. Prior to 1989, it is not known for sure whether a building permit and certificate of occupancy was required by the Town for "volleyball" activities since its construction consisted of two poles, netting, and level ground. This appears to be a new requirement event though it is generally permitted in all residential-type neighborhoods. 2. The hardship created is UNIQUE and is not shored by all prope~ies alike in the immediate vicinity of this property and in this use district because the subject property is the only parcels located in the Re~idehtial-0ffice Zone District and with frontage.on two streets (without a junction at less than 135 degrees). Co~ner lots with two streets a?e permitted to designate the rear yard in either of the two remaining side yard areas 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DiS"IRICT because to the east the land is vacant; to the south is the Main Road; to the west i'~ Depot La'ne and the business distri'ct; to the north is a rear yard of an adjoining R-80 Residential Zoned property. D POT 4 V Signature . . ' o, . ' Sworn to this .................. Z ................... day ........... ;.~..:.~ .................................... 19 STATE OF NEW YORK ) COUNTY OF SUFFOLk, ) ~' ; Notary Public C/ JUDITH T TFRR~ No. 52-03~ 4963 Guaiifk~d in Suffolk County :/~,_/~.~_;~., TOWN OF SOUTHOLD PI~OPERT CORD/CARD OWNER STREET '~ ';,C.:~ "~,'"; ;~ VIL~GE DIST. SUB. LOT , ,/ S W ~ ~H~ - TYPE OF BUILDING RES. S~S. VL FARM CO~. CB. MISC. Mkt. Value FARM Acre Value Per Value / Swampland F,ONTAGE ON WATER 1~,~,.~;~ ' ' House Plot ' / ~ / ~-o DEPTH J q~', Fatal -': ' DOCK COLOR ¢~r (' TRIM Extensmn Extension Porch.' Breezeway Garage Patio Foundation 3asement ~t. Walls Fire Place rype Roof ~ecreation Room )armor/ ~: Driveway ~ f '7 '? Bath Floors nterior Finish Heat Rooms 1st Floor Rooms 2nd Floor inette LR. DR. FIN. B. BR. TOWN OF SOUTHOLD PROPERTY RECORD CARD STREET ~_C/ ~OJ.~ :VILLAGE DIST. SUB. LOT /~, /~ ,'/~/,y/f,~. ~ S ,.~, W ~PE OF BUILDING S~S. VL FA~ COMM. CB. MISC. Mkt. Value ~ ,~. ~o~ ~ ~s~c/7/~/~5~oo, ~,7/~ ~ z,~,: AGE BUILDING CONDITION N~ NOeL BELOW ABOVE FA~ Acre Volue Per Volue Acre Tillable 1 Tilbbl~ 3 / ' W~land Hou~ Plot DEPTH ~ ~ ~ ~ ~ ~ ~ BULKH~D rotal ~CK M. Bldg. Porch Porch Breezeway Foundation Walls Fire Place Roof Dormer Driveway Interior FJni~ Heat Rooms 1st Floor Rooms 2nd Floo .z .. ~z~TOWN OF SOUTHOLD II!~OI~RTY RE'~OED E COLOR TRIM Exter~ion £xtensJon Extension Foundation Bath Dinette Porch Basement Floors K. Porch Ext. Walls Interior Finish LR. Breezeway Fire Place Heat DR. Garage Type Roof Rooms Jst Floor BR. Patio Recreation Room Rooms 2nd Floor FIN. B O.B. Dormer Driveway Total /~o /~ _;_/~ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET ~/ ~. O VILLAGE DIST. SUB. LOT S W TYPE OF BUILDING / ~ ~..~.(~) SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE R EMA R K S F/'D?~,~,~/~/~,/~/'-, .~',~/~ t~/'~,/~o/~/~ AGE BUILDING CONDITION N~ NO~AL BELOW ABOVE FARM Acre Value Per Value Acre Tillable Tillable 2 Tillable Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plo, DEPTH '~ ~ ~ ~ BULKH~D Total DOCK COLOR M. Bldg. Extension Extension Extension Porch Porch Breezewa Garage Patio OI. B. Total ~ 0 o I *?~ o ~'oundation ~, ~,. Bath ~asement Floors :/x t .' Walls Fire Place Type Roo~ Recreation Roan' Dormer Driveway Interior Finish Heat Rooms 1st Floor Rooms 2nd Floo Dinette K. LR. DR. BR. FIN. B. 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 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. 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. WHEREAS. a public hearing:was held on June 8. 199u,. 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,,.Exceptlor~-for a proposed 30 ft. by 60-ft. addition for use~as, a "Weight roomu *for exercise, and health club* activities, related to the ex{stin=j~ heatth.,and recreation club. alt as shown-on the June,6. 199~ site plan,map prepared by Anthony W, Lewandowskl. Land. Surveyor~ The. setbacks of the proposed addition are shewn to, be 92 feet from the weate~ly front property line ~and, 86+- *feet 'to-the .northerly property line,:- The number of, parking spaces is shown proposed at u.5. There are anrexisting,buffe~ between the northwesterly parking area and: Depot Lane=,of, approximately 12-1/2 feet* in depth and, buffer, area-.-north of the, pm, king: area at approximately-ten {10) feet*in depth. The playground, ar~a, is to be removed. The .frontage,of~ the subject property along the. Main: Road is 1~9.39 in length, and along. Depot Lane.173.13 feet. 2. The premises at, which the,subjest additio~is,proposed is known as 320 Depot'Lane, (and, 29325 Main~: Roa~). Cutchogue~- NY. contalns..a total area, of '1.63+-acres; and, is located in, the.,*Resldentlai~Office-.-Zone District. The recreational building, is and ~hes been used for health-club 'P,a~ge,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 receJv.jng a Special:Exceptlon,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 Occupar~cy per~aining~ to a portion of the areas converted in 1985 from office and/or residential-to its present 'use .and-pertaining to the restricted use of the second.floor. Simultaneously pending, with this application is an~ amended site plan review before the Town Planning Board pertaining to the. new addition. (Note: A site plan map dated 4-6-84 was approved previously, and signed, by the. Chairman of the Planning Board on 7-19-85; also a temporary Certificate of Occupancy was issued by the Building Inspector on November 6, 1987 for the recreation center under No. Z16374, with a notation that the second.floor be non-habitable.r ) 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-Officer (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, aliow~ business properties of this nature as a recreation center (th~s~type.of, use-was not included in the new. zone, district designations,, such as HB, RO, LB, B, when revised under the 1989-Maater Plan and Zoning, Code). (d) ther~ has,been no substantial;.cham3e in the.dimensions,of the property-or size of the buildings.since immediately prior, to January 1989 or thereafter which might affect the circumstances of the revi~sed master plan, or this application; (e) the surrounding area consists of the following: (1) to the north, residences; (2) to the weat, Depot Lane;and~opposite Depot Lane to the west and southwest, a gasoline.,statior~ with auto repair services and, a dwelling~ each located in. the. Hamle[- Business~. Zone District, (3) to the, north of the,Hamlet-Business,-Zone~District is the Cutchocjue,West School.which is improvecf with the school's main.,buildir~j~ outsideplaycjrotmds and,outside,recreational~ areas: (4) to the;south is the Main State Highway:,and~ property zoned. R-40 Low-Density Res'rdentiat Zone .District. 'P,.a.~e.3 -- Appeal No. 4244 Decision Rendered June.2U,, 199~ Matter of DEPOT ENTERPRISES, INC. 5. In considering 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 usa 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 visibility, scale and overall appearance; F, That-the building in which the, proposed use is hereby authorized must be readily accessible.for fire and police proteetlo~ G, The Board has also considered subsections .A through P of Article XII, Section~100-26~ of the .Zoning Code, Accordingly, on motion,by Member Wilton~ seconded by Chairman Goehringer~ it was RESOLVED, thatc permission is hereby-GRANTED for a proposed 30 ft. by 60 ft. addition to the ,existing: health clublrecreatioez center building, as, appEecl, and. SUBJECT TO THE FOLLOWING CONDITIONS: 1. This approval is subject to the, owner obtaining all written approvals from the Southold Town Planning, Board, Sut~folk, County Department of Health Services, Southold Town Buildln~j 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. u,. This action shall expire two years from the date,of receiv,lncj all agency approvals:, having jurisdiction for the proposed addition, .P.a, ge q,- Appeal No. u,2u, u, Decision Rendered June. 2t~. 199u, Matter of DEPOT ENTERPRISES, INC. except when a building permit of the Town of Southold for the addition is in effect and construction activities commeeqced pursuant to said permit. Vote of the Board: Ayes: (Absent were Members Villa adopted. Messrs. Goehringer, Doyen, and Dinizio. and' Doyen.) This resolution was duly APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa l~t.h~ 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 MEMORANDUM TO: FROM: DATE: SUBJECT: Building Department Attn: Inspector Curt Horton Board of Appeals May 24, 1993 ZBA Appl. No. 4157 - Depot Enterprises 1000-102-2-12.1 (J. Lizewski) As an update to the Building Department's Notice of Disapproval dated February 10, 1993, we enclose a copy of the Board's determination for the location of the accessory outdoor lighting relative to the accessory outdoor recreational areas (volleyball courts and fence enclosure for play area). A copy of the Board's determination has also been forwarded to the Planning Board for their update and permanent file. These structures have been deemed as an accessory under the previous Special Exception granted May 2, 1985 for a principal recreational racquetball club with private membership. Accessory uses are those which do not involve a separate business and are incidental to the main use of the premises. In this project, the accessory structures will not require a separate Special Exception. Thank you. GG:lk Attachment GG:lk APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Serge Doyen, Jr. Jame~ Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OFAPPEALS TOVFNOFSOUTHOLD May 20, 1993 SCOTTL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Joseph Lizewski, D.D.S. Depot Enterprises, Inc. Depot Lane Cutchogue, NY 11935 Re: Appl. No. 4157 - Variance for Outside Lighting/Volleyball Court) at Village Commons Recreational Facility Dear Dr. Lizewski: Please find attached for your permanent records a copy of the Findings and Determination rendered by the Board of Appeals in the above matter. Please be sure to contact the Building Department and any other agency which may be involved for issuance of appropriate permits before commencing construction activities. We are this date also providing copies of the Board's determination to the Building Department and Planning Board for their update and recordkeeping. A copy has also been transmitted to the Suffolk County Department of Planning in accordance with the Suffolk County Administrative Code concerning variance referrals (for projects within 500 feet of a State or County highway). Very truly yours, Enclosure Copies of Decision to: Building Department Planning Board Linda Kowalski DEPARTMENT OF PLANNING county of SUFFOLK ROBERt J. Gaf f neY SUffOLK COUNTY eXECUtive MAY 2. 8 ~)3 ~I~ L J ARTHUR H. KUNZ OII~ECTOR Of PLANNING May 26, 1993 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. Ireland, Russell Jr. 4157 4163 Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner H, LEE DENNISON BUILDING · VETERANS MEMORIAL HIGHWAY · HAUPpAUGE. NEW YORK I 1788 · (516) 853-5192 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pursuant to Article XIV of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Cum~ssion: ×× Variance from the Zoning Code, Article IIIA , Section 100-30A.3 __ Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section __ Special Permit Appeal No: 4157 Applicant: Depot Enterprises, Inc. Location of Affected Land:320 Depot La. & 29323 Main Rd., Cutchogue, County Tax Map Item No.: 1000-102-2-12.1 Within 500 feet of: NY 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 Comments: accessory 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 __ Within One Mile of an Airport Applicant is requesting permission.to outdoor' recreational establish and locate area with outdoor lighting incidental to the main use of the .premises. ~pies of Town file and related documents Da ted: ¢.57'?.3 enclosed for your review. Page 3 - Appl. N 157 Matter of DEPOT ENTERPRISES, INC. Decision Rendered May 11, 1993 (h) the difficulty is related to the uniqueness of the property and is not self-created; (i) the relief requested will be the minimum necessary to afford relief. Accordingly, on motion by Member Dinizio, seconded by Member Wilton, it was RESOLVED, to GRANT the relief as requested under Appl. No. 4157, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the lighting, which is proposed for seasonal playing of volleyball, be out by 10:00 p.m.; 2. That additional screening be added to provide a staggered (or straight) buffer, inside the applicant's property line, for a distance of between 75 ft. and 100 ft. in length; screening shall be with fruit trees (or similar) a~ planted at a height of three (or four) feet, and maintained in good condition at all times for screening purposes; 3. That the use of the court be for the playing of volleyball and remain accessory and incidental to the main use of the premises in accordance with the Special Exception granted May 2, 1985 under Application No. 3322 for a private recreational club. The use of the volleyball courts may not be operated as a separate business. Vote of the Board: Ayes: Messrs. Dinizio, Wilton and Goehringer. (Absent were: Members Villa and Doyen). This resolution was duly adopted. lk GERARD P. GOEH~INGER,//CHAIRMAN PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 TO: FROM: DATE: RE: Gerard P. Goehringer, Chairman, Board of Appeals Richard G. Ward, Chairman April 22, 1993 Depot Enterprises, Inc. a/k/a Village Commons Route 25, Cutchogue SCTM9 1000-102-2-12.1 The Planning Board would like to co~ent on Appl. No. 4157 as referenced above. This Board does not have an amended site plan application for the location and construction of the existing outdoor recreational facility (Volleyball Court) and lighting. Several submissions of preliminary site plans have been made but to date a complete application has not been received. Further, the site plan on file does not reflect the "as built" site that existed before the Volley Ball Court, lighting, reconfigured parking area and elevator construction was started. We would suggest that this application be held open until a site plan application is made. We will then send a copy of the site plan to your Board for review in the context of the overall proposed site plan and lot line change. ~4emorandu~ To File Date: August 31,1992 Subject: Dr. Joseph Lizewski On the above date I spoke with Dr. Lizewski on the telephone as a result of his request for clarification of the Planning Board's letter to him of August 25, 1992. I read the two options that he and Board member Mark McDonald discussed as follows: Option One was for Dr. Lizewski to file an amended site plan for all work now and proposed for the site. This would include the removal of the barn, new parking arrangement, and the second story addition. This would be a full amended site plan with fee and environmental form etc. Option Two would be for Dr. Lizewski to file an amended site · plan as above but not show the second story addition. The agreement was to waive site plan for this addition for safety reasons when construction was to start at some future date. Dr. Lizewski indicated he was'going to pursue option two and asked if he should show the future proposed second story future addition. I indicated that the Planning Board planed to waive this addition for safety reasons and that he should not show the addition at this time. I further indicated that he should show the racquet ball court and all parking as it exists. I indicated the fee would be $150 and the short environmental form would be required. ~ PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 0(- PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOWl' L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 August 25, 1992 Dr. Joseph Lizewski Depot Lane Cutchogue, NY 11935 RE: Proposed site plan for Village Commons Health & Racquet Club Depot Lane, Cutchogue Zoning District: Residential Office (RO) SCTM$1000-102-2-12.1 & 11 Dear Dr. Lizewski: The Planning Board has not received the amended site plan for the above referenced property as per our previous discussions. If you need assistance, or require further information, · please contact this office. Very truly yours, Bennett Orlowski, Jr. /"~ J Chairman cc: Victor Lessard, Principal Building Inspector SENDER: SUBJECT: SCTM~: COMMENTS: SUBMISSION WITHOUT COVER LETTER ~emorandum To File Date: August 20,1992 Subject: Dr. Joseph Lizewski On the above date I reviewed with Mark McDonald the options Mark presented to Dr. Lizewski regarding his health club site plan. Option One was for Dr. Lizewski to file an amended site plan for all work now and propqsed for the site. This would include the removal of the barn, new parking arrangement, and the second story addition. This would be a full amended site plan with fee and environmental form etc. Option Two would be for Dr. Liewski to file an amended site plan as above but not show the second story addition. The agreement was to waive site plan for this addition for safety reasons when construction was to start at some future date. ~emorandum To File Date May 8, 1992 Subject Dr. Joseph Lizewski Upon the instructions of Board member Mark McDonald I called Dr. Lizewski on this date to see what his decision was as to the options presented to him by Mr. McDonald. Dr. Lizewski informed me that he plans to present a complete site plan to the ~oard and request a waiver for the new addition. I informed Messrs. McDonald and Orlowski of his decision. ILLAGE J,,_.-/Health & Racquet Club ( 516) 734-7(X}7 320 Depot lane, Cutch(rgue, N.Y. 11935 To the Attention of: The Planning Board. May 1, 1992 I am presently going to add fifteen (15) parking places at the Village Commons Health and Racquet Club. Over the ne~,t month, I will be taking doan. the 30' X 60' barn to accomodate the additional parking area. Ny Building Department has informed me ~at in order to receive a building permit to add 240 s~uare feet to the second story of my existing building, a site plan approval is rc~quired. The 240' is .being added because ~3ne original design of ~%e second story %~s never meant to hold the machinery I need for my business. I have had to reinforce with steel girders, areas of the floor which now hold some of this equipment. ~Ae 2~0 square foot addition ~ill be- special construction designed to hold tremendous weight and handle the deflection necessary. ~1e 240 square feet is less than 4%of my total building and ~ill not add to the use by mere people. It will just allow for the relocation of present equipment ~o an area to support it pro- perly. Since the impact of the 2~0 s.cuare feet doesn't change the use of the building, or impact the volume of people in the club, I would like an exemption from a site plan review, By adding 15 parking places, I am sure I will exceed gne peaCing expec- tations of ;~at a 2~0 square foot second floor addition would demand. Thank you for' your consideration in this matter. Very truly yours, JJL/cg Memorandum To File Date May 8, 1992 Subject Dr. Joseph Lizewski Upon the instructions of Board member Mark McDonald I called Dr. Lizewski on this date to see what his decision was as to the options presented to him by Mr. McDonald. Dr. Lizewski informed me that he plans to present a complete site plan to the Board and request a waiver for the new addition. I informed Messrs. McDonald and Orlowski of his decision. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. · Richard G. Ward Mark $. McDonald Kenneth L. Edwards Telephone (5161 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York I 1971 Fax (516) 765-1823 April 20, 1992 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 request for additional parking in the northwest corner of your property, and elevation drawings dated February 22, 1992 for a second story addition. The Board will require an amended site plan for the second story addition. However, in the meantime, you can proceed with the removal of the six parking spaces and curbing in the north west corner of the property, and with the rough grading of the adjoining area for new parking. The Board suggests that you not install the drainage rings and the final paving until the barn is removed. Please show all parking requirements on the amended site plan. It is suggested that you remove the proposed parking shown on the site plan by the east of the existing buildings along the east property line, as there is insufficient back up space in this area. Also, the new lot in the northwest corner together with the other parking on site should be sufficient for the entire site. If you have any questions, or require further assistance please contact staff member Robert Kassner at this office. Very truly yours, Bennett Orlowski, Jr. Chairman cc: Victor Lessard, Principal building Inspector PLANNING BOARD MEMBERS Bennett Orlowski, .Ir., Chairman George Ritchie Latham..Ir. Richard G. Ward Mark $. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCO'I'F L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 June 4, 1993 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# 1000-2-12.1 & 11 Dear Dr. Lizewski: On May 14, 1993, the Planning Board received your hand delivered site plan, marked final site plan. The Planning Board will be unable to review this plan Until a Application, Short Environmental Assessment Form (SEAF) and an application fee of one hundred fifty dollars ($150) plus two and five-tenths cents ($0.025) per square foot of new building area is received by the Board. If you have any questions, or require further information, please contact this office. Chairman cc: Curtis Horton, Senior Building Inspector Gerard P. Goehringer, Chairman, Zoning Board of Appeals -/ I' f\ L $outhold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD L.I,, N.Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. James Dinizio, Jr. Robert A. Villa ACTION OF THE BOARD OF APPEALS Appl. No. 4069: Application of TROY AND JOAN GUSTAVSON for reversal of determination of the Building Inspector, or alternatively a Variance to the Zoning Ordinance, Article III, Section 100-31C(4b) {by reference to Article X, Section 100-101C}~ for permission to establish lighting for after-dark use of an accessory paddle ball court (also referred to as a platform tennis court structure)." After-dark use is prohibited under the provisions of the zoning ordinance relative to accessory tennis court structures. Location of Property: 7785 Main Road, Mattituck (Laurel School District), NY; Lot ~1, Minor Subdivision Map of Sunbow Associates; County Tax Map Parcel No. 1000-122-6-29.1. WHEREAS, after due notice, a public hearing was held on December 16, 1991, and at Said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, 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. A Notice of Disapproval was issued on November 1, 1991 by the Town Building Inspector for the issuance of a modified permit to have lighting for after-dark use relative to an accessory platform/tennis court structure. For the record, it is noted that a building permit was issued on August 29, 1991 "...to install (accessory) platform tennis court as applied for with no lighting for after dark use and not to exceed 18 feet in height (see Permit ~20109). 2. It is the intention of the owners/applicants to utilize the accessory platform tennis court structure for after dark hours as well as using built-in lighting as may be necessary Page ~ - Appl. No. Application of TROY AND JOAN GUSTAVON Decision Rendered December 16, 1991 before dark or after dark. The two-tube low-intensity flourescent (quartz) lighting is located along the inside top portion of the walls of the court, approximately 18 to 20 feet above the deck aimed directly at the interior of the court surface. The outside dimensions of the court are 31 ft. deep by 61 feet long, containing a total area of 1~891 sq. ft. This court is considered an accessory use and an accessory structure located separately from the principal building in the.rear yard area. The setbacks of the court are shown to be at not less than 10 feet from the westerly property line and 16 (+-) feet from the northerly rear property line. This platform/tennis court structure shall be operated only as an accessory use incidential to the existing principal use of the premises, and may not be operated for profit and/or as a separate business venture. 3. The premises in question is known as Lot #1 on the Subdivision Map of Sunbow Associates and contains a total lot area of 49,585 sq. ft. All improvements to this parcel as exist are shown and described on the site plan map prepared by Garrett A. Strang, R.A. as revised July 25, 1991. A copy of Certificate of Occupancy No. Z16874 dated May 16, 1988 was furnished for the record concerning the newly constructed newspaper building. 4. It is also noted that the reviews have been made and site plan approval received from the Southold Town Planning Board for the subject accessory platform tennis court structure (which site plan map did not show additional lighting but did site the footprint of the structure). 5. It is the position of the Board in considering this application that the Building Inspector was correct in his determination that a variance was necessary for lighting with intentions for after-dark use of the platform tennis court. It is also the position of the Board that since the hours of daylight vary from month to month, it would be appropriate to to define further the intent of the limitation of the use by the wording of Article III, Section 100-31C(4b) of the zoning ordinance, which restricts use "to before-dark or during daylight use" to hourly use to normal daylight hours and in no event later than 10:00 p.m. during any and all times of tb~ year. NOW, THEREFORE, on motion by Mr. Villa, seconded by Mr. Goehringer, it was RESOLVED, to GRANT a Variance in the Matter of the Application of 4069 for a building permit for built-in lighting as described in Paragraph #2, supra, and to permit after-dark Pdge 3 - Appl. No. 4069 Application of TROY AND JOAN GUSTAVON Decision Rendered December 16, 1991 use of the accessory platform tennis court structure, SUBJECT TO THE FOLLOWING CONDITIONS: 1. After-dark use is limited to 10:00 p.m. 2. The accessory structure shall not be used as a profitable business use, and its future use shall not be governed by the collection of fees. 3. The platform tennis court structure shall be used only as an accessory use incidential to the principal use of the premises. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio and Villa. This resolution was duly adopted (5-0 margin). lk GERARD P. GOEHRINGER, ~AIRMAN Pre sent: PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD April 22, 1993 HON. GERARD P. (7:30 p.m. GOEHRINGER, Chairman Hearing) JAMES DINIZlO, JR. SERGE DOYEN RICHARD C. WILTON ROBERT A. VILLA CLAIRE GLEW (substitute recording clerk) ZBA Hearings 23 April 22, 1993 APPLICATION NO. 4157 - DEPOT ENTERPRISES~ INC. (Reconvened and continued from March 18, 1993). Request for a Variance to the Zoning Ordinance, Article VII, Section 100-71C (which refers to 100-31C-4, 100-33 of the residential accessory use provisions), for permission to establish and locate accessory outdoor recreational area with outdoor lighting incidental to the main use of the premises. Location of Property: 320 Depot Lane, and 29325 Main Road, Cutchogue, NY; County Tax Map Parcel ID No. 1000-102-2-12.1. Subject premises is zoned Residential-Office (RO) and contains a total lot area of 1.6+- acres. 8:06 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: This is an application that we held in abeyance at the last open meeting or the last regular meeting, and we will ask Dr. Lizewski if there is anything he would like to add to his application prior to commencing any other comments from the audience. DR. LIZEWSKI (Applicant): Since I applied for this application, I have taken the liberty to take the lenses over the lights and have them sandblasted to get rid of any of the glare that would interfere with any of my neighbors, and I realize that these lights will not be used the months of November, December, January, February or March, and that in the months that they would be used, we have between --eight o'clock ZBA Hearings 24 April 22, 1993 and nine o'clock is daylight anyway-- then they would be shut off by ten-thirty at night. They were going to be used basically seven months of the year, and I believe I presented some pictures to you of how the distance from some of my neighbors, these lights affect them-- and I don't have much else to say about it except that we'll do, have screening going in. That will go before the Planning Board. I don't know how much that screening will affect the --It will affect the road, but it won't affect the school which is basically the neighbor that sees most of this light. THE CHAIRMAN: DR. LIZEWSKI: That is the gentleman to the rear? Down on one side, down to the east of me. THE CHAIRMAN: DR. LIZEWSKI: THE CHAIRMAN: DR. LIZEWSKI: knows about it. THE CHAIRMAN: West of me is the school. Okay. The school is closed. What about Fogarty? Fogarty has no complaints at all. He It has been the nature of this Board also to occasionally --We are not trying to usurp the authority of the Planning Board, but we have in the past also in decisions of this nature, and, of course, this is unique because it is really the first of this nature to come to the Town --I am not saying in reference to the volleyball, I am talking about the complex itself-- some minor screening. ZBA Hearings 25 April 22, 1993 DR. LIZEWSKI: We have it in the plans. You are welcome to add to it, or the Planning Board I am sure will talk about the screening as you come to the driveway. That was the original screening plan. And there will be some changes. The only thing I worry about the screening is that is fairly close to the corner, and I would not like to see enough screening that people would not be able to see to the left of the side of them when they pull out of that driveway-- THE CHAIRMAN: Sure. DR. LIZEWSKI: --because there is plenty of cars and I would like it back a little bit. I have the berms back farther enough anyway. THE CHAIRMAN: I was primarily talking about screening in the rear of the volleyball court. When I say "rear" as I stand in front to the lefthand side, you know. DR. LIZEWSKI: along my property line, THE CHAIRMAN: On Dunn side, okay. Yes, okay. yes. The easterly side, Thank you, sir. We will now leave this open to the audience. I believe Mr. Jacobs, you had asked us to recess this. How are you tonight, sir? WILLIAM JACOBS: Well, I wrote a little something down to add to this application. We, William and Alberta Jacobs, would like to make a statement to become part of the minutes in this hearing for the development of Depot Enterprises. As long-time residents at 550 Depot Lane in Cutchogue, we have seen ZBA Hearings 26 April 22, 1993 MR. JACOBS: many changes with the addition of a business to our residential area. We don't object to having a business in the midst of our formerly peaceful neighborhood. We also don't object to the plan to install lights at the outdoor volleyball court, but we do believe that limits should be put on the use of the court. The lights and the noise associated with this court are disturbing to neighborhood residents, particularly if the court is used late into the night and all week long. Therefore, we respectfully request that the Zoning Board take into consideration our request for a reasonable curfew, something like nine o'clock for the volleyball court at the Health and Fitness Club. Thank you for hearing this to add that to the file. THE CHAIRMAN: Thank you, sir. request. I would like Is there anybody else who would like to speak regarding this hearing? Mr. Flynn? F.M. FLYNN: Yes. THE CHAIRMAN: We never restricted you on time, Mr. Flynn-- MR. FLYNN (interposing): THE CHAIRMAN: Thank you. MR. FLYNN: As you probably know, Perhaps I This is not a lengthy one. man. resident of $outhold. I think I am a rather direct man, and would like to reduce this application and its implications ! am a rather direct should identify myself for the record. I am a I ZBA Hearings 27 April 22, 1993 to as simple terms as possible. As I will attempt to clarify this MR. FLYNN: thing in my mind, I identify it --I think properly-- as Dr. Lizewski's health club in Cutchogue and questions in the short statement I make may be rhetorical and you will correct me I am sure if I am wrong. But as I understand it, this is an application for a variance to install volleyball courts on the property, and there may be a question as raised by the Building Inspector as to whether a special exception is required to the lighting. Now I believe this variance is intended to be that for an accessory use and this application --my recollection and my review of the records is-- was denied by the Building Department on January 10, 1993. And the reasons cited were that the volleyball courts must be "...in the rear yard and exterior lighting requires special exception .... " Now, consideration of these factors, in my opinion and I think according to the ordinance, requires a scaled plot plan with the signature of the person responsible and/or a survey by a licensed surveyor or professional engineer. I haven't encountered that, and I don't know whether such a plan exists, but I hardly see how a variance can be granted without a thorough study of such a plan. Now, the other question in my mind is a variance for an accessory use, the question is the legality of granting a ZBA Hearings 28 April 22, 1993 variance for an accessory use where the main improvement on the property does not have a C.O. Notation on the record indicates that the temporary C.O. expired in 1987. Now these courts and MR. FLYNN: lighting exist and have existed for some time. That brings up the question: If these improvements were built without a building permit, and without apparent clearance by the Planning Board, are they not illegal? And were they not erected and used in violation of the Town Code? Thank you. THE CHAIRMAN: Would you like me to answer that? MR. FLYNN: Yes, if-- THE CHAIRMAN (continuing): First of all, I should point out to you that Dr. Lizewski was kind enough to come in with a plan today. MR. FLYNN: I looked at the record yesterday, and it was not there at that time. THE CHAIRMAN: Secondly, this same question was posed to me by a taxpayer in the Town of Southold on Sunday evening, and they called me at my home; and I am not answering for Dr. Lizewski, I am not answering for anybody but the nature of the situation is as such: When an application --I said the same thing, I say the same thing to everybody-- I say the same thing to the newspapers, I say the same thing to everybody. There is no difference in my conversation. When an application comes before the Zoning Board of Appeals, whatever exists in reference to an inadequacy in the Zoning Ordinance, all right, by the ZBA Hearings 29 April 22, 1993 Building Department, all right, that is held in abeyance until a decision is rendered by this Board, okay. So what actually is Outstanding, I don't know. Okay. I don't know, I don't think CHAIRMAN: Dr. Lizewski was violated, okay. I very simply think that what is before us is just what you mentioned based upon, I think you said January 10th-- I believe it was February 10th in the notice of disapproval. It says, and I am reading this-- Victor Lessard had signed this notice of disapproval: "...Article III Section 100-33 Accessory buildings (uses). Volleyball courts and children's play area are required to be in the rear yard. Addition of outdoor lighting requires an approved Special Exception. Action required by the Zoning Board of Appeals. These additions will also require amending the site plan as indicated in Article I, Section 100-250...," which is the area that pertains to the Planning Board. Now, at this time I have no idea if Dr. Lizewski has a plan before the Planning Board in toto if he has completed the entire site plan. Certainly it has been the nature of the application of most applicants that they come before us first to deal with the requirements that would be required under the Code so to speak; and then they would be referred back to the Planning Board, all right. I am sure that that is what the normal process is going to be in this particular case, and that is all I can tell you, Mr. Flynn. ZBA Hearings 30 April 22, 1993 MR. FLYNN: I would like to respond momentarily. You talk about the normal process. I believe the normal process is to acquire a building permit prior to construction, and that if MR. FLYNN: construction is conducted without a building permit, it is a violation of the Town Code, pure and simple. CHAIRMAN: I have no idea if there was a building THE permit or not. MR. be. FLYNN: You have a denial. Therefore, it can't THE CHAIRMAN: Not necessarily. MR. FLYNN: There was a building permit for the pool and two bathrooms. That I encountered. But I also encountered a notation to the effect that there was no C.O. on the main structure which is another issue I raise as to having possible pertinence here. And then an application for an accessory use for a building that has no C.O. THE CHAIRMAN: I can't answer that question. My particular problem is here, when I go down and look at this site, I am looking at sand, and I am looking at two stanchions for a volleyball net. I have no knowledge that this lighting was ever used. I have no knowledge that this court was ever used, all right, at this particular time. In this particular case, I don't know. MR. FLYNN: I think it is on the record from the neighbors that it has been used. ZBA Hearings 31 April 22, 1993 THE CHAIRMAN: It may have been; I don't know. MR. FLYNN: So the question I raise, very bluntly stated: Is the construction of this improvement without a building permit a violation of the Town Code of Southold? And if you will not rule on it, who will? THE CHAIRMAN: The code enforcement officer, Building Inspector. MR. FLYNN: Haven't we eliminated the code enforcement officer? THE CHAIRMAN: We have eliminated a code enforcement officer, but a Building Inspector is still a code enforcement officer. MR. FLYNN: And he says that there is no building permit on this property. THE CHAIRMAN: Okay. Unfortunately, approximately two-thirds of the applications that come before us are normally constructed. In this particular case, I'll be perfectly honest with you, I'd like to see it there because I know what we are dealing with at this particular time. I would not be able to make a decision or a definitive judgment on lighting without seeing the lighting there. I came down and looked at the lighting at approximately seven o'clock at night before the time change. Dr. Lizewski had the electricians there. They were kind enough to turn the lighting on, okay; and I did not find the lighting offensive. ZBA Hearings 32 April 22, 1993 MR. FLYNN: Don't misunderstand me. I am not arguing against the nature of the use. That is up to the people who are affected by it, to argue that point. What I am arguing is that in this Town all these irregular things go on, where the normal procedure is violated. To erect the structure you are supposed to have a building permit; and if you don't have a building permit, you are not supposed to erect the structure; and if you do erect the structure, in my opinion, that is a violation of the Town Code. That is as simply as I can state. Thank you. THE CHAIRMAN: Dr. Lizewski? DR. LIZEWSKI: I talked to the Building Inspectors and took down my nets; and they said as long as there was no net up on this volleyball court, it is not considered a structure. The other thing is, with the C.O.s, as everybody knows, I have been before the State Review Board for quite some time; and it is in the State Review Board's hands and not the Town's hands to finally decide on the construction and C.O. of my building. Unfortunately, the State has cut back the funds drastically, but it has been there now for quite a while and they have to come and make a decision, and then the Town will finalize the entire thing. But since I spent five years going through tremendous construction changes that were given to me by the review board, the same type of review board that anybody has to go through if the Town deems you have made a construction mistake or have not done something, just like your Appeals Board here. There is a ZBA Hearings 33 April 22, 1993 State Appeals Board in Hauppauge, which I went to, which they have to now finalize on and I have had an engineer sign off that DR. LIZEWSKI: everything was done that the State wanted me to do, and it has been sitting in their hands; the Building Department knows of it; and this Town we are fortunate they have a Building Department that works with the people and not against the people, as long as they are kept appraised of the situation. It is not run in a gestapo-like fashion where people are dragged in and kept in tow, so to speak, if you work with the Building Department and they know what is going on, and everybody knows what is going on; they know that the letters are in there, and they have affirmation of it. They wait. They are not going to take somebody in and put them out of business or close them down when they know that you are making an effort to comply with the law. That is the way the Town has always been run, and I thank God for that. THE CHAIRMAN: May I just ask you two questions? When I was to the site, is there more than what exists there right now --I am referring to the rear because you happen to have two front yards, okay. The rear of the actual complex-- DR. LIZEWSKI: Nothing more than is on there-- THE CHAIRMAN (continuing): I see sand, I see two stanchions that would support a volleyball court, and I see four stanchions -- ZBA Hearings 34 April 22, 1993 DR. LIZEWSKI: Four stanchions for the volleyball court, not two. THE CHAIRMAN: Excuse me, I meant four. And four stanchions for the lights -- that's all I see-- and some fencing for a playground area. DR. LIZEWSKI: That's right. That's all there is. Hasn't changed. I will tell you that I will do my best to not have those lights on. It certainly will not be played on every night of the week. I have to tell you I would be happy if I got three nights out of it. It will just be an extension of my winter season of volleyball inside the building, outside of the building, which is Mow only three nights a week as it is. So I don't think out of seven nights, maybe three nights will have actual use. THE CHAIRMAN: Thank you. Mr. Flynn? MR. FLYNN: Dr. Lizewski maintains there is no structure on the property in this area, and you gentlemen know the Town Code better than I; in Section 113 it defines building structure as anything constructed of any materials unless entirely underground so that the area above it may be used as if no such structure were present; so I think it is splitting hairs here to say that there is no structure present on the property. The lights and whatever stanchions exist by the Town Code certainly constitute structures; and you may have gathered by now that I am a strict constructionist, and I don't believe that ZBA Hearings 35 April 22, 1993 the various departments in the Town should have the leeway to interpret ordinances one way for an applicant and another way MR. FLYNN: for another, motivation. Thank you. THE CHAIRMAN: depending upon their judgment as to his Just briefly, Mr. Flynn, before you leave, by a determination of this Board, and I don't want to belabor this topic because we would like to get to the final hearing -- Somewhere in the mid-eighties down on Arrowhead Lane in Peconic, an application was brought before this Board which was subsequently denied after the hearing, by an applicant for the construction of a tennis court. Okay. By the nature of that application, it was determined and shall continue to be determined by this Board that since a tennis court has an enclosure and it is enclosed by fence, okay, it is then a structure. A swimming pool as it exists today is enclosed by a fence and in most cases a deck, be it raised above the swimming pool or being a surfaced area right on the ground as in brick put in sand or mortar or slate, et cetera. That is construed to be a structure. Regardless of what you said concerning the particular code as it exists, subsequent to 1989 with the new Master Plan, we are still continuing on the aspect of the fact that unless it is enclosed, as it stands, it is not an enclosure, and therefore it is not necessarily a structure, okay. This will become a structure if this Board so desires it to be a structure. As I sit before you and you stand before me, ZBA Hearings 36 April 22, 1993 it is my opinion that we are looking at four individual stanchions for both the possibility of an erection of two nets CHAIRMAN: for volleyball use and I will tell you that there are four stanchions there for lighting. That I do not consider that --my Board members may change-- I don't answer for them. I do not consider that a structure, and it will not remain as a structure so far as I sit here, unless I am asked to interpret it, and it will only be interpreted as a structure if it is enclosed by a four, six, ten, twelve, fourteen-foot fence, whatever would be required to play, you know. Racquetball as it is used interiorly --This is a volleyball court, okay. And that is just my opinion as I sit before you. Just so you understand where I am coming from. MR. FLYNN: I do understand what you are saying, and I hope you understand what I am saying. THE CHAIRMAN: I do understand what you are saying. MR. FLYNN: What I am saying is that if that is your interpretation, it is in conflict with the plain wording of the code. And if necessary, the Code should be changed. But as the Code is worded, these are structures. THE CHAIRMAN: I understand and I will discuss that with the Code Committee. Thank you. Anyone else who would like to speak concerning this application? (There was no response.) ZBA Hearings 37 April 22, 1993 THE CHAIRMAN: Seeing no hands, I make a motion closing the hearing and reserving decision until later. (Motion seconded and carried; see Clerk's minutes.) April 22, 1993 To Whom It May Concern: We, William and Alberta Jacobs, would like to make a statement to become part of the minutes in this hearing for development plans at the. ~,q' ~-t~d~'~:?,-~ik-~ ~g'~ As long-time residents at 550 Depot Lane in Cutchogue, we've seen many changes with the addition ora business to a residential m'ea, We don't object to having a business in the midst of our (formerly) peaceful neighborhood. We also don't object to the plan to install bright lights at an outdoor volleyball court, but we do believe that limits should be put on the use of the court. The lights and noise associated with this court are disturbing to neighborhood residents, particularly if the court is us~ late into the night, all week long. Therefore, we respectfully request that the'~'~oard take into consideration our request for a reasonable curfew (e.g., 9 p.m.) for the volleyball court at the ~:~.-~--~ ~? Health & Fitness Club. Thank you for hearing this request. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOT'F L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 TO: FROM: DATE: RE: Gerard P. Goehringer, Chairman, Board of Appeals Richard G. Ward, Chairman April 22, 1993 Depot Enterprises, Inc. a/k/a Village Commons Route 25, Cutchogue SCTM# 1000-102-2-12.1 The Planning Board would like to comment on Appl. No. 4157 as referenced above. This Board does not have an amended site plan application for the location and construction of the existing outdoor recreational facility (Volleyball Court) and lighting. Several submissions of preliminary site plans have been made but to date a complete application has not been received. Further, the site plan on file does not reflect the "as built" site that existed before the Volley Ball Court, lighting, reconfigured parking area and elevator construction was started. We would suggest that this application be held open until a site plan application is made. We will then send a copy of the site plan to your Board for review in the context of the overall proposed site plan and lot line change. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD April 5, 1993 SCOTT L. HAREIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Dr. Joseph Lizewski, D.D.S. Depot Enterprises, Inc. 29205 Main Road Cutchogue, NY 11935 Re: Appl. No. 4157 - Proposed Volley Ball Courts Dear Dr. Lizewski: This will confirm that the hearing on your variance request will be reconvened on Tuesday, April 27, 1993. A copy of the Legal Notice (as advertised in the L.I. Traveler-Watchman, Inc. will be forwarded to you with the scheduled time in a few days. Once the maps have been prepared delineating the type and location of screening in this yard area east of Depot Lane, as well as the setback distances and location of the volley ball courts and proposed lighting, please submit six (6) prints to our office. Please provide as much information as possible showing the height of the proposed screening, and other accessory structures or accessory building(s) on the property. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-22227 Date MARCH 29r 1993 THIS CERTIFIES that the building ADDITION Location of Property 320 DEPOT LANE / 29325 MAIN ROAD, House No. Street County Tax Map No. 1000 Section 102 Block 2 Subdivision Filed Map No. CUTCHOGUE~ NY Hamlet Lot 12.1 Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated DECEMBER 17, 1992 pursuant to which Building Permit No. 21162-Z dated DECEMBER 21{ 1992 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 INDOOR PUBLIC POOL & TWO (2) BATHROOMS IN HEALTH CLUB AS APPLIED FOR. The certificate is issued to the aforesaid building. DEPOT ENTERPRISES~ INC. (owner) SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL APPROVED OCTOBER 16, 1987 UNDERWRITERS CERTIFICATE NO. N 117972 MARCH 12, 1990 pLUMBERS CERTIFICATION DATED OCTOBER 27, 1992 Building 'In~'pe~t0r- ' Rev. 1/81 W~T.~.~LM J. JACOBS BUILDER Cuiehosuo, Now York 11~ February 23, 1993 Board of Appeals Southold Town Hall P.O. Box 1179 Southold, New York 11971 Dear Board of Appeals, We are asking that the Board deny Joseph and Judie Lizewski's request for a variance to install volleyball courts and outdoor lighting at the Health Club adjacent to our property on Depot Lane. In recent years our peace and quiet has been disturbed on many spring and summer nights by loud noises and music emanating from exercise classes at the Club. We have been very tolerant of this annoyance in the past. Now with the prospect of nightly boisterous volleyball games being played under glaring lights not 200 feet from our bedroom and living room windows our patience has run out. We hope that the Board will not forget that this area is also residential and as such those of us that live here have a right to expect the peace and tranquility that was inherently promised years ago when we purchased our homes prior to the Health Club's presence. We urge you to carefully consider the negative effects this variance will have on those of us living in close proximity to these courts. Thank you for your anticipated cooperation. Amy L. Albrecht David Ho Albrecht 95 Depot Lane Cutchogue, NY 11935 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James DinizJo, Jr. Robert A. Villa 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 MEMORANDUM TO: FROM: DATE: SUBJECT: Bennett Orlowski, Jr., Chairman Southold Town Planning Board Jerry Goehringer, ZBA Chairman ~ March 31, 1992 PB Inquiry Property ID #1000-102-2-12.1 As you may know, Mark McDonald has assisted in clarifying your memorandum by addressing specific areas regarding the uses established at the above-referenced premises under the site plan application before the Planning Board and its relationship to the Special Exception granted in 1985 for a membership club. The uses at the site, (such as the swimmingpool, recreation courts, and the like) are permitted accessory uses and will not require a Special Exception since these uses are accessory and related to the principal use for a recreational club granted in 1985. The second concern may have been the business office uses at the site. You should note that the office use was in existence as conforming uses in the B-Light Business Zone, and permitted uses in the appropriate zone districts did not require further ZBA application. We hope that this will assist you concerning your questions for "allowable uses" under the 1985 Special Exception and prior zoning code regulations. PLANNING BOARD MEMBERS Bennett Orlowski, .Ir., Chairman George Ritchie Latham. Jr, Richard G. Ward Mark S. McDonald Kenneth L. Edwards Tclephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 TO: FROM: DATE: RE: Gerard P. Goehrinqer, Chairman, Board of Appg.~r~,_ ~ ~/-~__~.3~~ Bennett Orlowski, Jr., Chairman '~' March 17, 1992 . Site plan for Dr. Joseph Lizewski SCTM~ 1000-102-2-12.1 Senior Building Inspector Curtis Horton was contacted by Dr. Joseph Lizewski for a Certificate of Occupancy for his building. As per departmental policy, Mr. Horton asked the Planning Board to review their files and the approved site plan to ensure that the existing uses/buildings are in compliance with the July 19, 1985 approved site plan. The Planning Department has reviewed your decision of May 2, 1985. The Board would like to know if the present uses conform to your decision. cc: Victor Lessard, Principal Building Inspector Curtis Horton, Senior Building Inspector APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD CONFIDENTAL MEMORANDUM SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: SUBJECT: Bennett Orlowski, Jr., Chairman Southold Town Planning Board Chairma--~ ~.. ~/~ /~ ~ Jerry Goehringer, ZBA i.U,'~.~..~ ..~ ~/~ ~,,'z.,,, .,,:~,~.~.-· March 20, 1992 Your Inquiry Received March 18, 1992 Property ID ~1000-102-2-12.1 We are in receipt of your inquiry today, which concerns an unusual request. Your request appears to be secondhand - being a request made by one of the building inspectors. We are not sure if the building inspector feels it is necessary to review his department's plans or perhaps you feel it is necessary to provide you with guidance under a site plan concerning the above premises. As is normal departmental policy, the building inspector or the planning board may, as we have had the benefit of, at any time request guidance of town counsel if there are questions or a need for legal advice in making determinations concerning any project. The town counsel has always been available in the past for legal advice or uncertainty with the town code, rules or regulations as needed. As you are aware, the Board of Appeals is not an enforcing agency and is not authorized to enforce any provisions of the Town Code, or any permits issued under the zoning code as well. In any event, we would like to respond and offer some assistance to your inquiry (although our files indicate that there has been no activity through this office since October 1987). It is our position that the uses conducted should be related to the permitted recreational membership club and/or to those uses permitted at the time of issuance of the previous building permits (such as business offices, etc.). {There were no attachments to your memorandum, although it may be that you have either issued preliminary approval, been involved with inspections of the site, or have acted in some way upon a site pla~ for this property.) cc: Town Attorneys § 100-41 ZONING § 100-42 § 100-41. Applicability.' The Hamlet Density (HD) Residential District may be designated on the Zoning Map by the Town Board upon its own motion or by petition on parcels within one-half (~) mile of a Hamlet Business (HB) District of Mattituck, Cutehogue and Southold Hamlet and within one-fourth (~) mile of the Hamlet Business (HB) District of Orient and within one-half (~j) mile of the boundary of the Village of Greenport. § 100-42. Use regulations. In the HD District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged~ intended or designed to be used, in whole or in part, for any use except the followin~ A. Permitted uses. (1) One-family detached dwelling. (2) Two-family dwelling. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and subject to site plan approval by the Planning Board: (1) Multiple dwellings, townhouses, row or attached houses. (2) Accessory apartments in single-family residenees as set forth in and regulated by § 100-31B(14) of the Agricul- rural-Conservation District. (3) Bed-and-breakfast uses as set forth in and regulated by § I00-31B(15), without site plan approval. (4) Wineries as Set forth and regulated by § 100-31B(13) of the Agricultural-Conservation District. [Added 8-1-89 by L.L. No. 15-1989] C. Accessory uses, limited to the following:. (1) Accessory uses as set forth in and regulated by § 100- 31C(1) through (7) and (10) of the Agricultural-Conserva~ 10053 lo- 25- s9 /*be - 3:5-- § 100-33 ZONING § 100-30A.I buildings and structures or~other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Such buildings shall not exceed eighteen (1S) feet in height. B. Setbacks. [Amended 7-17-1990 by L.I~ No. 14-1990; 2-5- 1991 by L.L. No. 2-1991] (1) On lots containing up to twenty thousand (20,000) square feet, such buildings shall be set back no less than three (3) feet from any lot line. (2) On lots containing more than twenty thousand (20,000) square feet up to thirty-nine thousand nine hundred ninety-nine (39,999) square feet, such buildings shall be set back no less than five (5) feet from any lot line. (3) On lots containing in excess of thirty-nine thousand nine hundred ninety-nine (39,999) square feet up to seventy- nine thousand nine hundred ninety-nine (79,999) square feet, such buildings shall be set back no less than ten (10) feet from any lot line. (4) On lots containing in excess of seventy-nine thousand nine hundred ninety-nine (79,999) square feet. such buildings shall be set back no less than twenty (20) feet from any lot line.l ARTICLE Ilia Low Density Residential R-40 District [Added 1-10-89 by L.L. No. 1-1989] § 100-30A. 1. Purpose. The purpose of the Low-Density Residential R-40 District is te provide areas for residential development where existing neighbor- hood characteristics, water supply and environmental conditions permit full development densities of approximately one (1) dwelling per acre and where open space ~nd agricultural preservation are not predominate objectives. I Editer's Note: Former Subsection C, regarding percentage of o~cupancy of required yard, was repealed 7-17-1990 by l~I~ No. 14-1990. 10051 § 100-70 SOUTHOLD CODE § 100-71 ARTICLE VII Residential Office (RO) District [Added 1-10-89 by L.L. No. 1-1989~4] § 100-70. Purpose. The purpose of the Residential Office (RO) District is to provide a transition area between business areas and low-density residential development along major roads which Will provide opportunity for limited nonresidential uses in essentially residential areas. () § 100-71. Use regulations. In the Residential Office (RO) District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the folloMng: A. Permitted uses. (1) One-family detached dwellings, not to exceed one (1) dwelling on each lot. (2) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (3) Buildings, structures and uses owned or operated by fraternal organizations and utilized for activities typically conducted by a fraternal organization, including but not limited to public meeting places, charitable and fundrais- ing events, patriotic observances and catering for public and private functions. [Added 11-28-89 by L.L. No. 22- 1989] B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board, provided that not more than one (1) use shall be allowed for each forty thousand (40,000) square feet of lot area: 14 Editor's Note: This local law also repealed former Art. Vll, B-1 General Business District, as amended. () 10070 ,. 2s- 90 ~, "~ § 100-71 ZONING § 100.71 (1) Special exception uses as set forth in and regulated by § 100-31B(1) through (7) of the Agricultural-Conservation District. (2) (3) (4) Professional offices and business offices. Funeral homes. Bed-and-breakfast uses as set forth in and regulated by § 100-31B(15), except that no site plan approval is required. (5) Libraries, museums or art galleries. (6) Wineries. [Added 8-1-89 by L.L. No. 15-1989] (7) Apartments may be permitted over business and professional offices as regulated by § 100.91B(4)(a) through (f), inclusive. [Added 12-12-89 by L.L. No. 23- 1989] ' C. [Amended 5-9-89 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1), Accessory u~es as'set forth in and regulated by § 100- 31C(1) through (7) of the Agricultural-Conservation District and subject to the conditions set forth in § 100-33 thereof. (2) The following signs, subject to the supplementary sign regulations set forth in Article XX: (a) One (1) indirectly illuminated nameplate or profes- sional sign not more than two (2) square feet in area. (b) One (1) real estate sign, either single- or double- faced, not larger than twelve (12) square feet in size on any one (1) or more lots, advertising the sale or lease of only the premises on which it is maintained and set back not less than fifteen (15) feet from any lot line; where acreage or a subdivision has a continuous frontage of five hundred (500) feet or more, said sign may not exceed twenty-four (24) square feet in size. 10071 ~- 2~- 9o § 100-71 SOUTttOLD CODE § 100-81 (c) One (1) bulletin board or other announcement or identification sign for uses permitted by § 100- 31B(3), (4), (5) and (6), not more than eighteen (18) square feet in area, located not less than fifteen (15) feet from any street or lot line. (3) Accessory uses set forth in and regulated by § 100-42C(3) of the Hamlet Density Residential District. § 100~72. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the Residential Office (RO) District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter, with the same force and effect as if such regulations were set forth herein in full.t~ ARTICLE VIII Limited Business (LB) District [Added 1-10-89 by L.L. No. 1-1989t6] § 100-80. Purpose. The purpose of the Limited Business (LB) District is to provide an opportunity to accommodate limited business activity along highway corridors, but in areas outside the hamlet central business areas, that is consistent with the rural and historic character of surrounding areas and uses. Emphasis will be placed on review of design features so that existing and future uses will not detract from surrounding uses. The additional uses must generate low amounts of traffic and be designed to protect the residential and rural character of the area. § 100-81. Use regulations. In the LB District, no building shall be used and no building or part of a building shall be erected or altered which is arranged, 15 Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking and Loading Schedules are in ~ 10~191 and 100-192. 16 Edltor's Note: This local law aha repealed former Art VIII, C Light Industrial District, ,u amended. 10072 ~ - 25-so ~ ~ § 207 BUILDINGS purpose or on a large scale is a commercial not an agricultural, Some zoning ordinances expressly permit the use of land for greenhouses or nurseries? The right to nursery use includes the right to exterior display of products normally sold by nurseries? Customary retail and office activities may constitute an accessory § 208. Amusements, recreation, and sports3~ While drive-in theaters may cause deleterious effects, they may not be wholly excluded or subjected to onerous regulations? But they may be confined to certain districts and required to seek special permits.as Billiard parlors, licensed and regulated by the state, are a lawful usc and may not be excluded,~ but they may be regulated and separately classified by zoning regulations? A zoning ordinance which permits clubs in a residential district allows golf courses which are established for members and their guests,36 and in general, where zoning regulations authorize a club, 27. Mt. Pleasant v Van Tassell (1957) 7 Misc 2d 643, 166 NYS2d 458, affd (2d Dept) 6 AD2d 880, 177 NYS2d 1010; Johnson v Debaun (1954) 206 Misc 806, 135 NYS2d 217; Colasuonno v Dassler (1944) 183 Misc 904, 5I NYS2d 870. 28. 82 Am Jur 2d, Zoning and Planning § 148. Annotations: Permissible activities under zoning laws permitting green- houses and nurseries. 40 ALR2d 1459. 29. People v Perkins (1940) 282 NY 329, 26 NE2d 278. 30. A. C. Nurseries, Inc. v Brady (1951) 278 AD 974, 105 NYS2d 933. 31. Annotations: Validity of "war zone" ordinances restricting location of sex-oriented businesses. I ALR4th 1297. 204 32. Connell v Brunswick (1958, 3d Dept) 5 AD2d 932, 172 NYS2d 266. annotations: Drive-in theater or other dramatic or musical entertain. ment as nuisance. 93 ALR2d 1171. 33. See Berg v Michaelis (1~64, 2d Dept) 21 AD2d 322, 250 NYS2d 824, arid 16 NY2d 822, 263 NYS2d 163, 210 NE2d 454. 34. § 175, supra. 38. Zeifman v Board of Trustees (1963) 40 Misc 2d 130, 242 NYS2d 738. Annotations: Zoning or licensing regulation prohibiting or restricting location of billiard rooms and bowling alleys. I00 ALR3d 252. 36. Nelson v Pierce (1953) 281 AD 994, 120 NYS2d 804. 12 NY Jur 2d BUILDINGS an agricultural, use of land for use includes the d by nurseries.~ ute an accessory :ffects, they may egulations,s: But · equired to seek ate, are a lawful e regulated and :sidential district mbers and their xuthorize a club, runswick (1958, 3d 172 NYS2d 266. rive-in theater or musical entertain- 3 ALR2d 1171. V/ichaelis (1964, 2d 2, 250 NYS2d 824, ~, 263 NYS2d 163, Board of Trusto~ I 130, 242 NYS2d ~ ,ning or licensing :lng or restricting rooms and bowling 252. rce (1953) 281 AD 4. 12 NY Jur 2d 3UILDINGS § 209 he facilities of the club may include outdoor recreation facilities? ,liniature golf courses may be required to locate in commercial districts and obtain a special permit? A zoning ordinance which permits the operation of tennis courts by private, nonprofit clubs, but not as commercial enter- irises, is not unconstitutionally discriminatory, the characteristics ,f a commercial venture being, at least potentially, more burden- nme to a residential neighborhood than when the same activity is :arried on by a nonprofit club.aa A special permit to construct a tennis court closer to an adjacent lot line than required by the .oning ordinance is not justified simply because the ~djoining lot ~ ¢ adequately buffered by land in its natural state.4° A zoning ordinance permitting commercial recreation uses ?ecifically oriented toward the use of mountain land, such as ski :~reas and the like, commercial recreation uses including resort hotels and the like, and permitting as a special use a park, reservation, or recreation facility, does not permit use of land for a commercial stock car racetrack?~ § 209. --Swimming pools and beaches Public bathing beaches and swimming pools, maintained for profit, are subject to the same kind of regulations as may be imposed upon commercial uses generally? Such uses will not be A variance granted for the construe- tion of a golf course in a residential zone permitting tennis courts and other specific recreational activities was held not to authorize the con- struction of a roller skating rink. Blum v McGraw (1978) 92 Misc 2d 781,401 NYS2d 127. Annotations: Application of zoning regulations to golf courses, swimming pools, tennis courts, or the like. 32 ALR3d 424. 37. § 211, infra. 38. Meisenzahl v McAvoy (1961) 31 Misc 2d 511, 222 NYS2d 747; Spohrer 12 NY Jut 2d v Oyster Bay (1961) 29 Misc 2d 366, 219 NYS2d 376. 39. Huntington v Park Shore Coun- try Day Camp, Inc. (1979) 47 NY2d 61,416 NYS2d 774, 390 NE2d 282. 40. Falkenbury v Schuhz (1974, 2d Dept) 44 AD2d 827, 355 NYS2d 22. 41. Carroll v Ingrain (1977, 3d Dept) 59 AD2d 85, 397 NYS2d 220. Annotations: "Racing" or "race track" within zoning regulation forbid- ding such activity. 83 ALR2d 877. 42. Schroeder v Kreuter (1955) 308 NY 993, 127 NE2d 845. Annotations: Application of zoning 205 { 209 BUILDINGs regarded as municipal in character simply because they are available to the public? Public swimming facilities may injure a residential district; accordingly, the allowance thereof may be subject to approval by a board of zoning appeals? Private swimming pools may be installed by landowners al- though the zoning ordinance does not Specifically permit them.*~ Such pools, whether they are installed above or below ground level,4~ are subject to reasonable regulation in the interest of public safety.~7 An inground swimming pool is a structure as that term is used in a zoning ordinance imposing depth requirements for rear yards? Club facilities, Where clubs are allowed b~/ a zoning ordinance, may include swimming pools and beaches.4~ § 210. Animals and animal shelters Generally, an agricultural useSO does not include a use primarily devoted to animal husbandry? Many zoning ordinances formalize the distinction by imposing specific limitations Upon the keeping of animals. A municipality may prohibit the keeping of animals regulations to golf Courses, Swimming (1964) 41 Misc 2d 783, 246 NYS2d pools, tennis courts, or the like. 32 ALR3d 424. 43. McCarter v Beckwith (1936) 247 AD 289, 285 NYS 151, affd 272 NY 488, 3 NE2d 882, cert den 299 US 601, 81 L Ed 443, 57 S Ct 194. 44. Ellish v Zoning Board of Ap- peals (1931) 141 Misc 916, 253 NYS 547. Where a zoning ordinance autho- rized the board of zoning appeals to permit clubs in residential districts, but prohibited SWimming pools in such distr/cts except as accessory to residen- !iai use, the board was without author- ~ty to permit a club to establish a SWimming pool in a residential district. Barrv Michaelis 0963) 40 Misc 2d 968, 244 NYS2d 420. 45. Albini v BOard of Appeals 205 506. Annotations: Zoning regulations re- lating to private residential swimming pools. 92 ALR2d 1284. 46. North Hempstead ~ Bialek (1966) 51 Misc 2d 75, 272 NYS2d 549, affd 28 AD2d 646, 282 NYS2d 665. 47. Sanders v Fiore (1967) 53 Mist 2d 695, 279 NYS2d 431. 48. Corter v Zoning Board of Ap- peals (1974, 4th Dept) 46 AD2d 184, 361 NYS2d 444. 49. {211, infra. 50. § 207, supra. 51. Johnson v Debaun 0954) 206 Misc 806, 135 NYS2d 217; Colasu- onno v Dassler 0944) 183 Mist 904, 51 NYS2d 870. ~2 NY Jur 2d BUILDINGS § 211 except under a special permit? However, where the zoning ordinance does not regulate the keeping of animals, a board of appeals is without authority to issue a permit for such use, subject to conditions which restrict A zoning regulation may confine kennels to certain districts? An ordinance authorizing philanthropic and eleemosynary uses does not permit the use of land in a residential district as an animal shelter, although it is maintained by a nonprofit organiza- tion.=~ It has been stated that a wildlife sanctuary is an appropriate use in a residential district." § 211. Clubs An organization may be a club within the meaning of zoning regulations although it does not call itself a club? Where the zoning regulations authorize a club, the facilities of the club may include those for outdoor recreation? Club facilities may include 52. People v Bannet, 40 Misc 2d 296. 243 NYS2d 131, affd 14 NY2d 493,248 NYS2d 221, 197 NE2d 618. The harboring of pigeons may be confined or prohibited. People v Miller (1952) 304 NY 105, 106 NE2d 34; Barkmann v Hempstead (1944) 268 AD 785, 49 NYS2d 262, affd 294 NY 805, 62 NE2d 238. 83. Hoffman v Murdock (1945) 185 Misc 486, 56 NYS2d 753. 54. Little Home for Friendless Ani- mals, Inc. v Koehler (1948) 273 AD 859, 76 NY$2d 621; Old Westbury v Foster (1948) 193 Misc 47, 83 NYS2d 148. $5. Westchester County Soc. for Prevention of Cruelty to Animals, Inc. v Mengel (1944) 292 NY 121, 54 NE2d 329. 56. Petition of North Manursing Wildlife Sanctuary, Inc. (1966) 52 Mist 2d 96, 274 NYS2d 915, revd on other grounds (2d Dept) 28 AD2d 891,282 NYS2d 18. 57. Von Kohorn v Morrell (1961) 9 NY2d 27, 210 NYS2d 525, 172 NE2d 287; Five Towns Ym & Ywha, Inc. v Plaut (1958) 14 Misc 2d 61, 178 NYS2d 190, affd (2d Dept) 7 AD2d 646, 181 NYS2d 182. As to clubs generally, see NY Jur 2d, ASSOCIATIONS AND CLUBS. Annotations: What is a "club" or "clubhouse" within provisions of zon- ing regulations. 52 ALR2d 1098. $8. Lloyd Harbor v Huntington (1958) 4 NY2d 182, 173 NYS2d 553, 149 NE2d 851; Arents v Squires (1959, 2d Dept) 8 AD2d 952, 190 NYS2d 594, affd 7 NY2d 1009, 200 NYS2d 52, 166 NE2d 848, motion den 8 NY2d 863, 203 NYS2d 910, 168 NE2d 712 (tennis courts); Nelson v Pierce (1953) 281 AD 994, 120 12 NY Jur 2d 207 § 211 BUILDINGs swimming, pools and beaches, but the dimensions of such uses may be restricted? The nonprofit status of a club cannot be maintained if it is a subterfuge concealing a commercial venture? However, a club does not lose its nonprofit status merely because it furnishes food and drink to its members for pay,6~ or charges tuition for instruc- tional activities.~ Because nonprofit clubs in residential districts may pose a threat to the neighborhood, zoning regulations may require special permits imposing certain Standards~a including those go~/erning the site thereof? A permit may be denied where the use will be a radical departure from the /and-use plan,~ or produce objection- able results? The power to issue a special permit for a club does not include the authority to grant a special exception to establish NYS2d 804 (golf courses); Hicks Nur- series, Inc. v Zoning Board of Appeals (1959, Sup) 196 NYS2d 205 (shooting ranges). 59. Bach v Board of Zoning & Ap- peals (1953) 282 AD 879, 124 NYS2d 744; Capri Beach Club, Inc. v Hemp- stead (1957) 11 Misc 2d 1070, 170 NYS2d 68. A provision which authorizes the board of zoning appeals to permit a "clubhouse" does not give the board power to approve a beach club with swimming pool, cabanas, bathhouses, and a wading pool. Schroeder v Kreu- ter (1955) 308 NY 993, 127 NE2d 485. 60. Nelson v Pierce (1953) 281 AD 994, 120 NYS2d 804. A club permit may be revoked where it is established that the use is commercial rather than not for profit. McCarter v Beekwith (1936) 247 AD 289, 285 NYS 151, affd 272 NY' 488, 3 NE2d 882, cert den 299 US 601, 81 L Ed 443, 57 S Ct 194; Gruberg v Henry (1956) 5 Mise 2d 223, 163 NYS2d 1003. 208 ~. 61. Dunkirk Aerie, No. 2447, Fra- ternal Order of Eagles v Dunkirk (1949) 274 AD 685, 87 NYS2d 202. 62. Finley v Gardner (1964, 2d Dept) 22 AD2d 946, 255 NYS2d 944. 6.$. Bach v Board of Zoning & Ap- peals (1953) 282 AD 879, 124 NYS2d 744. 64. Application of Premium Point Co. (1961, Sup) 223 NYS2d 972. 65. Ellish v Zoning Board of Ap- peals (1931) 141 Mist 916, 253 NYS 547. Denial of a permit to establish a clubhouse in a residential district is not capricious where the board of zoning appeals took into consideration the probable development of the area for dwellings. Shell Creek Sailing Club, Inc. v Board of Zoning Appeals (1965, 2d Dept) 24 AD2d 631, 262 NYS2d 391, arid 20 NY2d 841, 285 NYS2d 80, 231 NE2d 773. 66. Cantelli v Town Board (1960) 28 Mise 2d 126, 219 NYS2d 506. 12 NY Jut 2d BUILDINGS § 213 an accessory use specifically prohibited as a use by the ordi- nance? A zoning regulation providing for the issuance of a special permit for neighborhood or community centers authorizes the issuance of such permit to a Masonic Temple? § 212. Funeral homes A funeral home is a trade or business? It is not a customary home occupation,70 and it is a use regarded as incompatible with a residential neighborhood,n which may be required to locate a specified distance from a residence? § 213. Hospitals, sanitariums, and nursing homes*a Absent any conflict with state law,74 hospitals and medical centers can be excluded from some districts, and required to submit to special-permit procedures, or to obtain variances upon the same proof as is required of other uses.75 An ordinance 67. Barrv Michaelis (1963) 40 Misc 2d 968, 244 NYS2d 420. 68. Loder v Goodday (1967) I9 NY2d 727, 279 NYS2d 182, 225 NE2d 887. 69. Rowland v Miller (1893) 139 NY 93, 34 NE 765. Annotations: Construction and ap- plication of zoning regulations in con- nection with funeral homes. 92 ALR3d 328. Law Reviews: Comment, Funeral Homes: Their Location in the Com- munity as Controlled by Zoning Ordi- nances. 20 Syracuse L Rev 45 (Fall, 1968). 70. Bond v Cooke (1932) 237 AD 229, 262 NYS 199. Annotations: Funeral home as a "home occupation" or the like within accessory use provision of zoning regu- lation. 73 ALR2d 439, 453. 71. Jones v Chapel Hill, Inc. (1948) 12 NY dur 2d 273 AD 510, 77 NYS2d 867, motion den 274 AD 823, 81 NYS2d 279. A landowner may challenge the es- tablishment of a funeral home as a nuisance, although it is not excluded from the proposed site by the zoning regulations of the community. Sweet v Campbell (1940) 282 NY I46, 25 NE2d 963. 72. Heimerle v Bronxville (1938) 168 Misc 783, 5 NYS2d 1002, affd 256 AD 993, 11 NYS2d 367. 73. Advisory Opinions: A voluntary ambulance association which by con- tract provides ambulance service in a town is not exempt from the provi- sions of town zoning ordinance. 1979 Op Atty Gen Dec 26 (informal). 74. Jewish Consumptives' Relief Soc. v Woodbury (1930) 230 AD 228, 243 NYS 686, affd 256 NY 619, 177 NE 165. 75. North Titus Residential Ass'n v Board of Zoning Appeals (1954) 205 Misc 518, 127 NYS2d 502. 209 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 THURS- DAY, APRIL 22, 1993 com- mencing at the times specified below: L 7:30 p.m. Appl. No. 4162 -- THE 1NGEBORG TALLAREK TRUST. Request for Variance to the Zoning Or: dinance' Article XXIII, Sec- tion 100-239.4A for permis- sion to locate an addition within 100 feet of the L.I. Sound bluff at 905 Aquaview Avenue, East Marion, NY; County Tax Map Parcel No. 1000-21-2-11. This parcel is substandard in this R-40 Zone District and contains a total lot area of approximately 24,000 sq. ft: 2. 7:35 p.m. Appl. No. 4163 - RUSSELL IRELAND, JR. Request for variances to the Zoning Ordinance: Ca) Article IliA, Section 100-30A.4 {100-33B-3} for permission to locate accessory garage with a side yard setback at less than the required 10 feet; Cb) Arti- cle XXIII, Section 100-239.4B for approval of a proposed new deck addition and for grandfather approval of ex- isting deck addition built prior to May 1985, all of which is located within 75~feet:of bulkhead along Great Pecohic Bay and with reduced easter- ly side yard to less than the 20 feet, and total side yards to ess than 35 feet, as required by Article IliA, section 100-30A.3. Location of Pro- perty: 5400 Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-128-2-12. This parecel contains a total lot area of 43,402 sq. ft. and is located in the R-40 Low-Density Residential Zone District. 3.7:40 p.m. Appl. No. 4059 - JOHN SEPENOSKI, JOHN A. NOBILE and SUSAN NOBILE. Request for Variances: Ca) for approval of access for fire and emergency vehicles over a private right-of- way pursuant to New York Town Law, Section 280-A, and Cb) to the Zoning Ordinance, Article XXIV, Section 100-244B (Article IliA, Sec- tion 100-30A.3) for approval and recognition of substan- dard lot area and depth, as ex- ists, in this R-40 Low-Density Residential Zone District. Location of Property: 5600 Horton Lane, Southold, NY; Co, q~y Tax Map Pmeel No.]/~ -54~3-14.?. This parcel contains a total lot area of ap- proximately 33,542 sq. ft. and depth of 140.97 leet. 4. 7:45 p.m. Appl. No. 4157 - DEPOT ENTERPRISES, INC. (Reconvened and con- tinued from March 18, 1993). 5.7:55 p.m. Appl. No. 4156 GARDINERS BAY ESTATES CLUB, INC. (record owner as per Deed at Liber 7671 page 415) - filed by GARDINERS BAY ESTATES PROPERTY OWNERS ASSOCIATION. {Reconvened and continued from February 23, 1993}.i This is an Appeal based upon the February 10, 1993 notice of Disapproval issued by the Building Inspector requesting an Interpretation of Article III, Section 100-31C(3) of the Zoning Code which provides for "...docking or mooring facilities for no more than two (2) boats other than those owned and used by the owner of the premises for his per- sonal use:' Applicant is pro- posing to construct new dock areas with multiple boat facilities at the community beach of Gardiners Bay Estates. Location of Property: Part of Private Road known as Dogwood Lane situated along "Spring Pond;' an estuary of Orient Harbor; also shown on the Map of Gardiners Bay Estates, Section 2, filed in the ~:[f01k County, Clerk!~ Office ~5 Map ~o. 275; East Marion, NY; County Tax Map I D Nos. 1000-37-1-part of 23 (private road), and part of 17 (under- water land). COUNTYOF SUFFOLK SS: SFAFE OF NEW YORK Patricia Wood,' being duly sworn, says that she is the Editor, o( THE LONG ISLAND TRAVELER-WA-FCHMAN~ 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 sitid Long Island Traveler-Watchma, once each week lol. .................... ~ .... week!, /3'- m successively, commencing on tile ...................... Swo,'n to hefo,'e ,ne this ........ ./.?. ~ ......clay or ............. ~ .... ~9.....9-5 Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. 4806846 Qualified in Suffolk County Commission Expires Board of Ap, als will f at said time and place }'ear any and all persons or represen- 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 call 765-1809 or visit our office. Dated: April 9, 1993. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski IX-4/15/93(17) APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge 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 Towa Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 April 9, 1993 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 at the time specified in the event there are questions (and to prevent a delay in finalizing your application). Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. If your presentation is lengthy, a draft or final written copy is always appreciated. In the event you wish to amend your application to 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 submit the additional filing fee. You must notify our office prior to the advertising of the present .application for the amendments. Once the application has been advertised, a separate application would be then be required for additional relief. 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 Mr. Russell A. Ireland, Jr. Route 25A East Norwich, NY 11732-0010 Michael Hills, Esq. Cruser & Hills 206 Roanoke Avenue Riverhead, NY 11901 Susan Post Rogers, Esq. Smith, Finkelstein, Lundberg, Isler and Yakaboski 456 Griffing Avenue Riverhead, NY 11901-0389 Depot Enterprises, Inc. 29205 Main Road Cutchogue, NY 11935 Regi Weile, Architect 211 North Street Greenport, NY 11944 Ingeborg Tallarek 905 Aquaview Avenue East Marion, NY 11939 Mr. William Jacobs 550 Depot Lane Cutchogue, NY 11935 Carmella Borelli, Esq. Ongioni & Borelli 218 Front Street Greenport, NY 11944-0562 Mr. Warren A. Sambach, Sr. 255 Dogwood Lane East Marion, NY 11939-0791 Mr. Warren Sambach 11 Halter Lane Levittown, NY 11756 Mr. Larry Matzen Gardiners Bay Estates East Marion, NY 11939 Present: HON. PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD MARCH 18, 1993 (7:30 p.m. GERARD F. JAMES DINIZIO, SERGE DOYEN ROBERT A. VILLA GOEHRINGER, Chairman JR. RICHARD C. WILTON Hearing) LINDA KOWALSKI, Secretary-Clerk to Board ZBA Hearings 8 March 18, 1993 APPLICATION NO. 4157 - DEPOT ENTERPRISES, INC., for a Variance to the Zoning Ordinance, Article VII, Section 100-71C (which refers to 100-31C-4, 100-33) of the residential accessory use provisions), for permission to establish and locate accessory outdoor recreational area with outdoor lighting incidental to the main use of the premises. Location of Property: 320 Depot Lane, and 29325 Main Road, Cutchogue, NY; County Tax Map Parcel ID No. is zoned Residential-Office of 1.6+- acres. 1000-102-2-12.1. Subject premises (RO) and contains a total lot area 7:46 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Let me see what we have here. The survey is in four pieces. All Dr. Lizewski, would you right, we will go with what we have. like to be heard? today? DR. LIZEWSKI: Yes. Appearance: Dr. Joseph Lizewski, Applicant Pro Se. THE CHAIRMAN: How are you after fighting the fire DR. LIZEWSKI: It is still not over. I have to go back. We would--did not consider screening the entrance to this area and that has been done because the berms were just built in the fall. By the time we got the berms done, and the parking ZBA Hearings 9 March 18, 1993 lot in, there really wasn't enough time to really plan anything; but there will be a screening on each side of this, this parking lot. There will also be -- the use of these lights will not be used probably heavily in the months of December, January, February, and March and probably April. I mean there will just be accessory use to the outdoor use of the volleyball courts and the club usually closes in the area of ten o'clock, so I don't see that these four lights will have much use after, probably after ten-thirty. When they are in use, they probably will not be in use more than two or three months of the year, simply as an accessory to the volleyball tournaments which we hold inside the building all winter long, and then bring out in the summer. Most of the summertime they don't have much use either, with the summer days. But they are simply an accessory use to what is already there. I have basically only two real neighbors: One is the school, and the other behind me Mr. Dunn and Mr. Fogarty. One is an empty lot, and the school district has their own lights on their own building, so all night long, and these lights will be used like I said --not, they are not structures that, these lights have not been on since, I guess, October, so I don't expect a lot of use out of them. I don't think they'll be abused, and they are simply to help run tournaments if --as the days get shorter in September and October, and maybe a little bit in the spring. THE CHAIRMAN: What is the maximum lateness that a game would go on until? ZBA Hearings 11 March 18, 1993 meeting and we will get a specific date at night, you know, right after it gets dark. DR. LIZEWSKI: THE CHAIRMAN: DR. LIZEWSKI: No problem. And they are operable? They are operable right now, and there are people in the club that will turn them on for you. THE CHAIRMAN: Setbacks of the volleyball court. Maybe you could just again also sketch in the specific area on the site plan so that we could have that, if you wouldn't mind. DR. LIZEWSKI: Where the volleyball courts are, okay. THE CLERK: The setback. THE.CHAIRMAN: Which includes the setback from the property lines the rear yard, like on those two corners back there. In other words, and then the northeasterly side there. DR. LIZEWSKI: THE CHAIRMAN: DR. LIZEWSKI: have it drawn up. THE CHAIRMAN: Okay, they are over 25 feet now. From the sideyard? Yes, if that is what you want, I'll Great. Thank you very much. As you know, we are going to postpone this hearing until the next regularly scheduled meeting. That is not to stop anybody tonight who wants to speak; but because of one of the neighbors-- he is away at this time, Mr. Jacobs. DR. LIZEWSKI: Okay. THE CHAIRMAN: Thank you, sir. Is there anybody else who would like to speak in favor of this particular application? ZBA Hearings 10 March 18, 1993 DR. LIZEWSKI: We close at ten o'clock, but I could envision a game going on until ten-fifteen or ten-thirty, you know, in a tournament play or something like that. I doubt very much if the lights will ever be on after that. I don't see a reason for them ever being on; they are expensive to keep on. That is about the latest I would say. There may be an occasion, say, just to have a wild idea-- that the school wanted to run a marathon at that place for Multiple Sclerosis and play volleyball for 24 hours straight-- that would be an instance when they would be on longer than that. But under the normal circumstances, ten-thirty, eleven o'clock would be absolutely max. Most of the time they would be off at ten. Like I said, I wouldn't want to tell you that there wouldn't be one time or two times in the year when they may be on until eleven o'clock. THE CHAIRMAN: the norm. DR. LIZEWSKI: Right. It would be an exception certainly, not anybody on the Board want to go down and THE CHAIRMAN: On the berm areas that you are referring to, could you kind of sketch those on the site plan for us for the next meeting, so that we have it all there? DR. LIZEWSKI: Sure. THE CHAIRMAN: I'd appreciate that. And I just want to ask the Board: Does look at this lighting and have Dr. Lizewski actually turn it on for us? Why don't we contact you between now and the next ZBA Hearings 12 March 18, 1993 (There was no response.) THE CHAIRMAN: Anybody who would like to speak against this particular application? (There'was no response.) THE CHAIRMAN: Hearing no further comment, I will make a motion recessing this hearing to the next regularly scheduled meeting, so that Mr. Jacobs has time to speak and comment on this application. That will be on April 22nd. (Seconded and carried; see Clerk's minutes.) ZBA Hearings 13 March 18, 1993 4078 ~-JOH~ P~I4=~IPt-D~ OT/4ERS (Owner~)' by Theodore Petikas (Contract Vendee) for Variances~ to the Zoning Ordinance, Article XXIV, Section 100-244B for permission rds' 6o locate new dwelling structure with slde/ya at less than the required 10 feet and less than the r~quired total sideyards at 25 feet. Location of Property: North side of Soundview Avenue, S0uthold, NY; County Tax MaP Parcel ID No. 1000-135-1-27. This parcel is located in the R-40 Low-Residential Zone District is nonconforming as to total lot area at ll,000+~.Sq, ft. 7:55 p.m. (TheXl~.hairman 9Pened the hearing and read the Legal Notice and applicati~ for he record.) THE CHAIRMAN:~ I have.copy of a survey by Robert VanTuyl dated Octobe~ 25, ~91, with about ten amendments on it; the most recent a~ndment was~anuary 8, 1993. The nature of this application/is side yards, a~.d. I have a copy of the Suffolk County Tax Map~indicating this and s~rounding properties in the area. Is e somebody who would like ~ be heard on this application? ' / Appearance: Roy Haje, EN-Consultants}"Inc., .' North Sea Rd., Southampton, N~ for the Applic~ant /E MR. HAJE: Good evening. My name is Roy Haje, N-Consultants, 1329 North Sea Rd., Southampton, NY, on behal~ of Mr. Petikas, who is the contract-vendee. The parcel consists~,, of 11,000 square feet.-~It-~zJ--lo~ed-i~%--tUae ."~r~h_side of CR APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF CHANGE IN MEETING DATE 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 Please take notice that the Regular Meeting of the Southold Town Board of Appeals scheduled for Tuesday, April 27, 1993 has been returned to the original meeting date of: THURSDAY, APRIL 22, 1993. 7:30 Regular Meeting Southold Town Hall. GERARD P. GOEHRINGER, CHAIRMAN SOUTHOLD TOWN BOARD OF APPEALS. Copies to Board Members Posted on Town Bulletin Board 4/7/93 GG:lk APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF $OUTHOLD 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 Ma,rch 3, 1993 TO WHOM IT MAY CONCERN: Enclosed with this letter lsa 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 at the time specified in the event there are questions (and to prevent a delay in finalizing your application). Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. If your presentation is length~, a draft or final written'copy is always appreciated. In the event you wish to amend your application to 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 ~ ~NOTICE OF NY; Coun~x Map Parcel PUBLIC HEARINGS ID No. 111~'-135-1-27. This NOTICE IS HEREB'~ 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 l0 the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURS- DAY, MARCH 18, 1993, com- mencing at the times specified below: 1.7:30 p.m. Appl. No. 4158- :STEVE DONADIC for a ! Variance to the Zoning Or- dinance, Article ILIA, Section 100-30A.3 for permission to construct dining room addi- tion with a reduced side yard setback at less than the re- quired ten (10) feet. Location of Property: 200 Willow Point Road, at Arshamomaque, Southold, NY; WilloTM Point Subdivision Lot No. 28; Coun- ty Tax Map Parcel ID No. 1000-56-5-32. 2. 7:35 p.m. Appl. No 4149- Application of DEPOT ENTERPRISES, INC., for it Variance to the Zoning Or- dinance, Article VII, Section 100-7lC (which refers to 100-31C-4, 100-33) of the residential accessory use pro- visions), for permission to establish and locate accessory outdoor recreational area with outdoor lighting incidental to the main use of the premises. Location of Property: 320 Depot Lane, and 29325 Main Road, Cutchogue, N..y; .Coun- ty Tax Map Parcel-ID No. 1000-102-2-12.1. ~ubject premises is zoned Residential- Office (RO) and contaiiis a total lot area of 1.6_+ acres. 3. 7:40 p.m. Appl. No. 4078- JOHN PHILLIPIDES & , OTHERS (Owners) by FHEODORE PETIKAS (Contract Vendee) for Variances to the Zoning Or- dinance, Article XXIV, Sec- tion 100-244B for pqrmission to locate new dwelling struc- ture with side yards at less than the required 10 ft. and less than the required total sideyards at 25 feet. Location of Property: North Side of Soundview Avenue, Southold, parcel is located in the R-40 Low-Residential Zone District is nonconforming as to total lot area at 11,000 _+ sq. ft. 4. 7:50 p.m. Appl. No. 4143- Application of GEORGE AND ANGELIKI SPANOS for a Variance to the Zoning Ordinance, Article XXIV, Sec- tion 100-241(G) for permission to reinstate gasoline sales which is nonconfirming in the current zone district, R-40 Low-Residential. The subject premises is a corner lot as · defined by Section 100-13 of the Zoning Code and contains a total lot area of 21,525 + sq. ft. This parcel is more par- ticularly identified on the Suf- folk County Tax Maps as District 1000, Section 34, Block 3, LOt 22, and is refer- red to as 330 Main Street, Greenport, NY. The Board of Appeals will at said time and place hear any and all persons or represen- tatives desiring to be heard in the above matters. Written comments may also be sub- mitted prior to the conclusion of the subject heating. 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 call 765-1809 or visit our office. Dated: March 3, 1993 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowalski I;K-3/, 11/~93(4} COUNTY OF SUF sTATEOF NEW YORK Patricia Wood,· being duly sworn, says that she is thc Editor, o( THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and tl~at the notice of which the.annexed is a printed cop'..'. h,~s been put)lished in said I.ong Island Traveler-Watchm,~r~ once each week for. ...... · ............... ~... wccL~, successively, commencing on the // ~ da yol ..... ~ ...... 19.~~ Sworn to before mc' Ibis // cia') ,,I Notary Public BARBAR^ A. SCHNEIDER NOTARY PUBUC. State of I','.e~,~ ?ark No. 480~46 Qualified in Suffolk County C~mmission Expires APPEAI~ BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone ~516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, MARCH 18, 1993 commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4158 - STEVE DONADIC for a Variance to th~ Zoning Ordinance, Article IIIA, Section 100-30A.3 for permission to construct dinin~ room addition with a reduced side yard setback at less than the required ten (10) feet. Location of Property: 200 Willow Point Road, at Arshamomaque, Southold, NY; Willow Point Subdivision Lot No. 28; County Tax Map Parcel ID No. 1000-56-5-32. 2. 7:35 p.m. Appl. No. 41~- Application of DEPOT : ENTERPRISES, INC. for a Variance to the Zoning Ordinance, . Article VII, Section 100-71C (which refers to 100-31C-4, 100-33) of the residential accessory use provisions), for permission to establish and. locate accessory outdoor recreational area with outdoo~ lighting incidental to the main use of the premises. ~ age 2 - Notice Hearings Southold Town Board of Appeals Regular Meeting of March 18, 1993 fLocation of Property: 320 Depot Lane, and 29325 Main Road,~ Cutchogue, NY; County Tax Map Parcel ID No. 1000-102-2-12.1.i~; Subject premises is zoned Residential-Office (RO) and conta total lot area of 1.6+- acres. 3. 7:40 p.m. Appl. No. 4078 -'JOHN PHILLIPIDES & OTHERS (Owners) by THEODORE PETIKAS (Contract Vendee) for Variances to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to locate new dwelling structure with side yards at less than the required 10 ft. and less than the required total sideyards at 25 feet. Location of Property: North Side of Soundview Avenue, Southold, NY; County Tax Map Parcel ID No. 1000-1~35-1-27. This parcel is located in the R-40 Low-Residential Zone District is nonconforming as to total lot area at 11,000+- sq. ft. 4. 7:50 p.m. Appl. No. 4143 - Application of GEORGE AND ANGELIKI SPANOS for a Variance to the Zoning Ordinance, Article XXIV, Section 100-241(G) for permission to reinstate gasoline sales which is nonconforming in the current zone district, R-40 Low-Residential. The subject premises is a corner lot as defined by Section 100-13 of the Zoning Code and contains a total lot area of 21,525+-' sq. ft. This parcel is more particularly identified on the Suffolk County Tax Maps as Districtl000, Section 34, Block 3, Lot 221 and is referred to as 330 Main Street, Greenport, NY. ~age 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 18, 1993 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: March 3, 1993. ' BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER. CHAIRMAN By Linda Kowalski x APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa 'card Wi t BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 February 22, 1993 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4157 Project/Applicants: County Tax Map No. Location of Project: Depot Enterprises, Inc. 1000- 102-2-12.1 320 Depot Lane & 29325 Main Rd., Cutchogue, NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to establish and locate accessory outdoor recreational area with outdoor lighting incidental to the main use of the premises 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, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc JUDITH T. TERRY TOWN CLERK REGISTRAR OE VITAL STATISTICS MARRIAGE 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: DATE: RE: Zoning Board of Appeals Office of the Town Clerk February 22, 1993 Zoning Appeal Appl. No. 4157 - DEPOT ENTERPRISES, (Joseph J. Lizewski) INC. Transmitted herewith is Zoning Appeal Appl. No. 4157 - DEPOT ENTERPRISES, INC. together with the Notice of Disapproval from the Building Department, a copy of the Application for Building Permit, a copy of photographs, the Notice to Adjacent Property Owners, the Short Environmental Assessment Form, the Zoning Board of Appeals' Questionnaire, copies of 5 sheets of plans, and a copy of page 10053 of the Zoning Code. Judith T. Terry Southold Town Clerk TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTttOLD, N.Y. NOTICE OF DISAPPROVAL t..E^SE T^~E NOT~CE t~:,t yo,.,r .~p~,~,c,,tior, d-',te,~ .... ~.~ ~ '~' . ~ V ,~ ~ Location of Property . . . ~ cCL~ . .~. ~.lp o-~' ~o..s~ ..~% County Tax Map No. 1000 Section ..... [~. -~- .... Block .... .~- ~. . Lot 1. ~ .,. [.. Subdivision .......... ' ....... Filed Map No ............... .. Lot No .................. RV 1/80 I RRQJECTI.D. NUMBER 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) 1. APPLICANT/SPONSOR I 2. PROJECT NAME Depot Enterprises, Inc. Isame SEQR 3. PROJECT LOCATION: 29205 Main Road and E/s Depot Lane, Cutchogue Muni¢ioallW To,,m om So,~,thel~ co.my of Sllffnll( 115 feet east of the intersection of Depot Lane and the Ma~n Road, consisting of 1.5+- acres, improved with "Village Commons" 5. IS PROPOSED ACTION: [] Modification/alteration A C C e s s o r,y 6. DESCRIBE PROJECT BRIEFLY: use volleyball court(s) A~ea variance to locate accessory volleyball court(s) with outdoor lighting in the northerly yard area. 7. AMOUNT OF(AND AFFECTED; InitlaJly acres Ultimately WILL PROPOSED ACT[ON COMPLY WITH MISTING ZQN NG OR OTHER ~IBT]NG [AND USE RESTRICTIONS? ~ Yes [] NO If NO. 0escribe ~rietly Comp]les with zoning use regulations and Special for a recreational membership c]ub. Exception grante( 9. WHAT IS PRESENT [AND USE IN VICINITY OF PROJECT? To the east is vacant land zoned R-40; to the south is the Main Road; to the west is Depot Lane and the business district~ to the north is R-80 Residential 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. STATE OR LOCAL)? ~ Yes C NO Il yes. list agency(s) and Derm~UaDgrovals Planning Board site plan approval of 1985 with modifications. ¶~h ceEB ANY ASPECT OF THE AC.~,;~ HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yea I'~ N- If ye:, iisi agency name and perm~tla~proval Planning Board preliminary maps submitted July ].992 for volleyball court location. Subject to final map and agency approval. 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REOU[RE MOOtFICATION? CERTIFY THAT THE (NFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ~o: Depot Enterprises, [nc. O,,,: 1 / /93 If the action is in the Coastal Area, and you are a state agency, complete the I Coastal Assessment Form before proceeding with this assessment I OVER 1 .(Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission Of this form, and an environmental review will be ma~e by this ~oard before any action is taken. ~HORT EN~;IRONMENTAL ASSESSMENT I_NSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the'action. It is not expected that additional studies, research or Other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? __Yes ~ NO 2. Will there be a major change to any unique or un~ual land form On the site? __Yes X No 3. Will project alter or have a large effect on an existing body of water? X Yes No 4. Will project have a potentially large impact on greu~ndwater quality? ~Yes X No 5. Will project significantly effect drainage flow on adjacent sites? Yes X No 6. Will project affect any thrsatened or endangered plant or animal species? Yes X No 7. Will project result in a major adverse effect on air quality? Yes X No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to he important to the community? ..__Yes ~ No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical envircamental area by a local agency? _.__Yes ~ No 10. Will project have a m~jor effect on existing or future recreational opportunities? . Yes X No 11. Will project result in major traffic problems or cause a major effect to existing transportation · ' ' systems? ' ___~es X we 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result Of the project,s operation? ~Yes X No 13. will project have any impact on public health or safety? Yes X No 14. Will project affect the existing co--unity by directly causing a growth in permanent popula- tion of more than 5 percent OVer a one-year Yes X No period or have a ma]or negative effect on the charact~ of the community or neighborhood? 15. Is there p~blic controve-- . project?~ .~ -- -- ~y concer~lng the 'epresenting. Owne~] V ~ QUESTIC~;AIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities} having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.} D~pnf Fnt~p~is~. Tnt JosePh Lizew'~ki Judy Lizewski B. Is the suDject premises lis=e= on the real es=ate marnet for sale or being shown to prospective buyers? { } Yes {X } NO. (If ~, plmmse a~m"h ~ o~ "cendJltimns,, of sale.} C. Are there a~zuposal~ tm ~nge ~ alter lan~ c~nteu~? { } Yes {×} No D. 1. Are there any areas which contain wetland grasses? no 2. Are the wetland ~eas shown on the map submitted with this application? 3. Is the property bulkheaeed between the wetlands area and the upland building area? no 4. If your property contains we~lan=s or pond areas, have you contacted the Office cf the Town Trustees for its determination of jurisdiction? no E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no (If not applicable, state "N.A.") F. Are the_re any patios, concrete barriers, bulkheads or fe~_s which e~t ~u~d are not =hewn un t~ze survey map that you ~-r~ Submitting? ~/a If none exist, please state "none." · G. Do you have any construction taking place at this time concerning yeur premises? If yes, please submit.a copy of your building pe~it and Yf2p as approved by the Building Depart~ent. If none, tPel~eAq%2~%te~ level land and other al %~9~l~a~ v~lleybal] court Hu,ruu uy cne mown. H. Do you or any co-owner alsd own Other land close to this parcel? Yes If yes, please explain where 9~x~99~-- Lot 10£-2-11 is 0wne~ by joseph Lizewski (0u the I. Please list present use or operations conducted at this parcel, recreati0na] uses a~d membership club and proposed use same with accessory uses on corner)'. 3/~, lO/901k an= Date /93' § 97-t3 WETLANDS § 97-13 TOWN -- The Town of Southold. TIq. USTEES -- The Board of Trustees of the Town of Southotd. [Added 6-5-84 by L.L. No. 6-1984] W'E ~--LA_,NDS [Amended 8-26-76 by L.L. No. 2-197g; 3-26- 85bv~,T A. ~IDAL WETLANDS: (1) All lands generally covered or intermittently coy- ered with. or ~vh/ch border on. tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to bank. z, bogs, salt marsh, swamps, meadows, flats or other low 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 following:, salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, m~shmnl]ow a.~d low (3) All land immediately adjacent to a tidal wgtiand as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Pkeshwater wetlands" as defined in Article 24. Ti- tle 1. § 2,1-0107. Subdivisions l(a) to l(d) inclusive. o£ thc Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a "freshwater wet- land," as defined in ~ubsection B(1) and lying with- in seventy-five (75) feet lal,dward of the most land: ward edge of a "freshwater wetland." 9705 § 100-71 (3) SOUTtlOLD CODE § 10041 (e) One (1) bulletin board or other announcement or identification sign for uses permitted by § 100- 31B(3), (4), (5) and (6), not mote than eighteen (18) square feet in area, located not less than fifteen (15) feet from any street or lot line. Accessory uses set forth in and regulated by § 100-42C(3) of the Hamlet Density Residential District. · § 100,72. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the Residential Office (RO) District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules ineerporated into this chapter, with the same force and effect as if such regulations were set forth herein in full.ts ARTICLE VIII Limited Business (LB) District [Added 1-10-89 by L.L. No. 1-1989~0] § 100-80. Purpose. The purpose of the Limited Business (LB) District is to provide an opportunity to accommodate limited business activity along highway corridors, but in areas outside the hamlet central business areas, that is consistent with the rural and historic character of surrounding areas and uses. Emphasis will be placed on review of design features so that existing and future uses will not detract from surrounding uses. The additional uses must generate low amounts of traffic and be desigued to protect the residential and rural character of the area. § 100-81. Use regulations. In the LB District, no building shall be used and no building or part of a building shall be erected or altered which is arranged, 15 Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking and Loading S~hedules are in ~ 100-191 and 100-192. is Editor's Note: This local law also repealed former Art. VIII, C Light Industrial District. a~ amended. 10072 I-2a-so C § 10041 ZONING § 100.42 § 100-41. Applicability.' The Hamlet Density (HD) Residential District may be designated on the Zoning Map by the Town Board upon its own motion or by petition on parcels within one-half (~/2) mile of a Hamlet Business (HB) District of Mattituck, Cutehogue and Southold Hamlet and within one-fourth (~) mile of the Hamlet Business (HB) District of Orient and within one-half (½) mile of the boundary of the Village of Greenport. § 100-42. Use regulations. In the HD District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged~ intended or designed to be used, in whole or in part, for any use except the following:. A. Permitted uses. (1) One-family detached dwelling. (2) Two-family dwelling. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereins~er provided, and subject to site plan approVal by the Planning Board: (1) Multiple dwellings, townhouses, row or attached houses. (2) Accessory apartments in single-family residences as set forth in and regulated by § 100-31B(14) of the Agricul- rural-Conservation District. (3) Bed-and-breakfast uses as set forth in and regulated by § 100-31B(15), without site plan approVal. (4) Wineries as ~et forth and regulated by § 100-31B(13) of the Agricultural-Conservation District. [Added 8-1-89 by L.L. No. 15-1989] C. Accessory uses, limited to the following: (1) Accessory uses as ~et forth in and regulated by § 100. 31C(1) through (7) and (10) of the Agricultural-Conserva~.~-,~, lOOSa ~o- 2s - ss ( § 100-33 ZONING § 100-30A.1 buildings and structures or'other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Such buildings shall not exceed eighteen (15~ feet in height. B. Setbacks. [Amended 7-17-1990 by L.L. No. 14-1990; 2-5- 1991 by L.L. No. 2-1991] (1) On lots containing up to twenty thousand (20,000) square feet, such buildings shall be set back no less than three (3) feet from any lot line. (2) On lots containing more than twenty thousand (20,000) square feet up to thirty-nine thousand nine hundred ninety-nine (39,999) square feet, such buildings shall be set back no less than five (5) feet from any lot line. (3) On lots containing in excess of thirty-nine thousand nine hundred ninety-nine (39,999) square feet up to seventy- nine thousand nine hundred ninety-nine (79,999) square feet, such buildings shall be set back no less than ten (10) feet from any lot line. (4) On lots containing in excess of seventy-nine thousand niae hundred ninety-nine (79,999) square feet, such buildings shall be set back no less than twenty (20) feet from any lot line.l ARTICLE IIIA Low Density Residential R-40 District [Added 1-10-89 by L.L. No. 1-1989] § 100-30A. 1. Purpose. The purpose of the Low-Density Residential R-40 District is t~ provide areas for residefltial development where existing neighbor- hood characteristics, water supply and environmental conditions permit full development densities of approximately one (1) dwelling per acre and where open space ~nd agricultural preservation are not predominate objectives. I Edlior's Nole: Former Suh~eefioa C, regarding percenLage of o~cupancy of requlrt~ yard. was repealed 7-17-1990 by I~L. No. 14-1990. 10051 4- za s~ § 100-70 SOUTHOLD CODE § 100-71 ARTICLE VII Residential Office (RO) District [Added 1-10-89 by L.L. No. 1-1989~4] § 100-70. Purpose. The purpose of the Residential Office (RO) District is to provide a transition area between business areas and low-density residential development along' major roads which will provide opportunity for limited nonresidential uses in essentially residential areas. § 100-71. Use regulations. In the Residential Office (RO) District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted u§es. :. (1) One-family detached dwellings, not to exceed one (1) dwelling on each lot. ' ' (2) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (3) Buildings, structures and uses owned or operated by fraternal organizations and utilized for activities typica ly conducted by a fraternal organization, including but not limited to public meeting places, charitable and fundrais- lng events, patriotic observances and catering for public and private functions. [Added 11-28-89 by L.L. No. 22- 1989] B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided' and subject to site plan approval by the Planning Board, provided that not more than one (1) use shall be allowed for each forty thousand (40,000) square feet of lot area: 14 Editor's Nol~: This local la~v also repea ed former Z. rt. VII, B-I General Businezs Dietrich. 10070 ~..~s. so ( § 100-70 SOUTHOLD CODE § 100-71 ARTICLE VII Residential Office (RO) District [Added 1-10.89 by L.L. No. 1-1989z4] § 100-70. Purpose. The purpose of the Residential Office (RO) District is to provide a transition area between business areas and Iow-density residential development along major roads which Will provide opportunity for limited nonresidential uses in essentially residential areas. § 100-71. Use regulations. In the ReSidential Office (RO) District, no building or premises shah be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitteduses.' :. (1) One-family detached dwellings, not to exceed one (1) dwelling on each lot. ' (2) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (3) Buildings, structures and uses owned or operated by fraternal organizations and utilized for activities typically conducted by a fraternal organization, including but not limited to public meeting places, charitable and fundrais- lng events, patriotic Observances and catering for public and private functions. [Added 11-28-89 by L.L. No. 22- 1989] B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a spocia] exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board, provided that not more than one (1) use shall be allowed for each forty thousand (40,000) square feet of lot area: 14 Edi~r's Note: ' ' ~ amended. Th~s I~aJ law aim repealed former Art. VII, B-1 General Btzsine~ District, 10070 ~. a3. so BUILDINGS an agricultural, use of land for ese includes the ~ by nurseries.~ ~te an accessory ffects, they may :gulations? But equired to seek ate, are a lawful : regulated and sidential district nbers and their uthorize a club, unswick (1958, 3d 172 NYS2d 266. ive-in theater or musical entertain- 3 ALR2d 1171. 'lichaelis (1964, 2d ~, 250 NYS2d 824, 263 NYS2d 163, ]oard of Trustees 130, 242 NYS2d : ting or licensing ng or restricting · ooms and bowling 52. ce (1953} 281 AD 12 NY Jur 2d 3UILDINGS § 209 he facilities of the club may include outdoor recreation facilities? ,[iniature golf courses may be required to locate in commercial districts and obtain a special permit? A zoning ordinance which permits the operation of tennis courts by private, nonprofit clubs, but not as commercial enter- ?ises, is not unconstitutionally discriminatory, the characteristics ,f a commercial venture being, at least potentially, more burden- ome to a residential neighborhood than when the same activity is carried on by a nonprofit club? A special permit to construct a tennis court closer to an adjacent lot line than required by the :'~oning ordinance is not justified simply because the ~djoining lot ~ adequately buffered by land in its natural state20 A zoning ordinance permitting commercial recreation uses -,pecifically oriented toward the use of mountain land, such as ski :trees and the like, commercial recreation uses including resort hotels and the like, and permitting as a special use a park, reservation, or recreation facility, does not permit use of land for a commercial stock car racetrack? § 209. --Swimming pools and beaches Public bathing beaches and swimming pools, maintained for profit, are subject to the same kind of regulations as may be imposed upon commercial uses generally? Such uses will not be A variance granted for the construc- tion of a golf course in a residential zone permitting tennis courts and other specific recreational activities was held not to authorize the con- struction of a roller skating rink. Blum v McGraw (1978) 92 Misc 2d 781,401 NYS2d 127. Annotations: Application of zoning regulations to golf courses, swimming pools, tennis courts, or the like. 32 ALR3d 424. 37.§2 ,infra. 38. Meisenzahl v McAvoy (1961) 31 Misc 2d 511,222 NYS2d 747; Spohrer 12 NY Jur 2d v Oyster Bay (1961) 29 Misc 2d 366, 219 NYS2d 376. 39. Huntington v Park Shore Coun- try Day Camp, Inc. (1979) 47 NY2d 61,416 NYS2d 774, 390 NE2d 282. 40. Falkenbury v Schultz (1974, 2d Dept) 44 AD2d 827, 355 NYS2d 22. 41. Carroll v Ingrain (1977, 3d Dept) 59 AD2d 85, 397 NYS2d 220. Annotations: "Racing" or "race track" within zoning regulation forbid- ding such activity. 83 ALR2d 877. 42. Schroeder v Kreuter (1955) 308 NY 993, 127 NE2d 845. Annotations: Application of zoning 205 1 § 207 BUILDINGs purpose or on a large scale is a Commercial, not an agricultural, Some zoning ordinances expressly permit the use of land for greenhouses or nurseries? The right to nursery use includes the right to exterior display of products normally sold by nurseries? Customary retail and office activities may constitute an accessory use to a permitted use as a nursery?0 § 208. Amusements, recreation, and sports3~ While drive-in theaters may cause deleterious effects, they may not be wholly excluded or subjected to onerous regulations? But they may be confined to certain districts and required to seek special permits? Billiard parlors, licensed and regulated by the state, are a lawful use and may not be excluded,*' but they may be i'egulated and separately classified by zoning regulations? A zoning ordinance which permits clubs in a residential district allows golf courses which are established for members and their guests,36 and in general, where zoning regulations authorize a club, 27. Mt. Pleasant v Van Tassell (1957) 7 Misc 2d 643, 166 NYS2d 458, affd (2d Dept) 6 AD2d 880, 177 NYS2d 1010; Johnson v Debaun (1954) 206 Misc 806, 135 NYS2d 217; Colasuonno v Dassler (1944) 183 Misc 904, 51 NYS2d 870. 28. 82 Am Jut 2d, Zoning and Planning § 148. Annotations: Permissible activities under zoning laws permitting green- houses ,and nurseries. 40 ALR2d 1459. 29. People v Perkins (1940) 282 NY 329, 26 NE2d 278. 30. A. C. Nurseries, Inc. v Brady (1951) 278 AD 974, 105 NYS2d 933. 31. Annotations: Validity of "war zone" ordinances restricting location of sex-oriented businesses. I ALR4th 1297. 204 32. Connell v Brunswick (1958, 3d Dept) 5 AD2d 932, 172 NYS2d 266. Annotations: Drive-in theater or other dramatic or musical entertain- ment as nuisance. 93 ALR2d 1171. 33. See Berg v Michaelis (1¢~4, 2d Dept) 21 AD2d 322, 250 NYS2d 824, affd 16 NY2d 822, 263 NYS2d 163, 210 NE2d 454. 34. ~; 175, SUpra. 35. Zeifman v Board of Trustees (1963) 40 Misc 2d 130, 242 NYS2d 738. Annotations: Zoning or licensing regulation prohibiting or restricting location of billiard rooms and bowling alleys. I00 ALR3d 252. 36. Nelson v Pierce (1953) 281 AD 994, 120 NYS2d 804. 12 NY Jur 2d BUILDINGS § 213 an accessory use specifically prohibited as a use by the ordi- nance? A zoning regulation providing for the issuance of a special permit for neighborhood or community centers authorizes the issuance of such permit to a Masonic Temple? § 212. Funeral homes A funeral home is a trade or business? It is not a customary home occupation,7O and it is a use regarded as incompatible with a residential neighborhood,7~ which may be required to locate a specified distance from a residence? § 213. Hospitals, sanitariums, and nursing homes7: Absent any conflict with state law,?~ hospitals and medical centers can be excluded from some districts, and required to · submit to special-permit procedures, or to obtain variances upon the same proof as is required of other uses?~ An ordinance 67. Bart v Michaelis (1963) 40 Misc 2d 968, 244 NYS2d 420. 68. Loder v Goodday (1967) 19 NY2d 727, 279 NYS2d 182, 225 NE2d 887. 69. Rowland v Miller (1893) 139 NY 93, 34 NE 765. Annotations: Construction and ap- plication of zoning regulations in con- nection with funeral homes. 92 ALR3d 328. Law Reviews: Comment, Funeral Homes: Their Location in the Com- munity as Controlled by Zoning Ordi- nances. 20 Syracuse L Rev 45 (Fall, 1968). 70. Bond v Cooke 0932) 237 AD 229, 262 NYS 199. Annotations: Funeral home as a "home occupation" or the like within accessory use provision of zoning regu- latiun. 73 ALR2d 439, 453. 71. Jones v Chapel Hill, Inc. (1948) 12 NY Jur 2d 273 AD 510, 77 NYS2d 867, motion den 274 AD 823, 81 NYS2d 279. A landowner may challenge the es- tablishment of a funeral home as a nuisance, although it is not excluded from the proposed site by the zoning regulations of the community. Sweet v Campbell (1940) 282 NY 146, 25 NE2d 963. 72. Heimerle v Bronxville (1938) 168 Misc 783, 5 NYS2d 1002, affd 256 AD 993, I 1 NYS2d 367. 73. Advisory Opinions: A voluntary ambulance association which by con- tract provides ambulance service in a town is not exempt from the provi- sions of town zoning ordinance. 1979 Op Atty Gen Dec 26 (informal). 74. Jewish Consumptives' Relief Soc. v Woodbury 0930) 230 AD 228, 243 NYS 686, arid 256 NY 619, 177 NE 165. 75. North Titus Residential Ass'n v Board of Zoning Appeals (1954) 205 Misc 518, 127 NYS2d 502. 209 § 211 BUILDINGs swimming, pools and beaches, but the dimensions of such uses may be restricted? The nonprofit status of a club cannot be maintained if it is a subterfuge concealing a COmmercial venture? However, a club does not lose its nonprofit Status merely because it furnishes food and drink to its members for pay,6~ or charges tuition for instruc- tional activities? Because nonprofit clubs in residential districts may pose a threat to the neighborhood, zoning regulations may require special permits imposing certain standards~ including those governing the site thereof? A permit may be denied where the use ~vill be a radical departure from the land-use plan,~ or produce objection- able results? The power to issue a special permit for a club does not include the authority to grant a special exception to establish NYS2d 804 (golf courses); Hicks Nur- series, Inc. v Zoning Board of Appeals (1959, Sup) 196 NYS2d 205 (shooting ranges). 59. Bach v Board of Zoning & Ap- peals 0953) 282 AD 879, 124 NYS2d 744; Capri Beach Club, Inc. v Hemp- stead 0957) 11 Misc 2d 1070, 170 NYS2d 68. A provision which authorizes the board of zoning appeals to permit a "clubhouse" does not give the board power to approve a beach club with swimming pool, cabanas, bathhouses, and a wading pool. Schroeder v Kreu- ter (1955) 308 NY 993, 127 NE2d 485. 60. Nelson v Pierce (1953) 281 AD 994, 120 NYS2d 804. A club permit may be revoked where it is established that the use is commercial rather than not for profit. McCarter v Beckwith 0936) 247 AD 289, 285 NYS 151, affd 272 NY 488, 3 NE2d 882, eert den 299 US 601. 81 L Ed 443, 57 S Ct 194; Gruberg v Henry (1956) 5 Misc 2d 223, 163 NYS2d 1003. 208 61. Dunkirk Aerie, No. 2447, Fra- ternal Order of Eagles v Dunkirk (1949) 274 AD 685, 87 NYS2d 202. 62. Finley v Gardner 0964, 2d Dept) 22 AD2d 946, 255 NYS2d 944. 63. Bach v Board of Zoning & Ap- peals (1953) 282 AD 879, 124 NYS2d 744. 64. Application of Premium Point Co. (1961, Sup) 223 NYS2d 972. 65. EIlish v Zoning Board of Ap- peals (1931) 141 Mise 916, 253 NYS .: 547. Denial of a permit to establish a clubhouse in a residential district is not capricious where the board of zoning appeals took into consideration the probable development of the area for dwellings. Shell Creek Sailing Club, Inc. v Board of Zoning Appeals (1965, 2d Dept) 24 AD2d 631, 262 NYS2d 391, affd 20 NY2d 841, 285 NYS2d 80, 231 NE2d 773. 66. Cantelli v Town Board (1960) 28 Misc 2d 126, 219 NYS2d 506. 12 NY Jut 2d BUILDINGS § 211 except under a special permit? However, where the zoning ordinance does not regulate the keeping of animals, a board of appeals is without authority to issue a permit for such use, subject to conditions which restrict it.*a A zoning regulation may confine kennels to certain districts.*' An ordinance authorizing philanthropic and eleemosynary uses does not permit the use of land in a residential district as an animal shelter, although it is maintained by a nonprofit organiza- tion.ss It has been stated that a wildlife sanctuary is an appropriate use in a residential district? § 211. Clubs An organization may be a club within the meaning of zoning regulations although it does not call itself a club.57 Where the zoning regulations authorize a club, the facilities of the club may include those for outdoor recreation.58 Club facilities may include 52. People v Bannet, 40 Misc 2d' 296, 243 NYS2d 131, affd 14 NY2d 493, 248 NYS2d 221, 197 NE2d 618. The harboring of pigeons may be confined or prohibited. People v Miller (1952) 304 NY 105, 106 NE2d 34; Barkmann v Hempstead (1944) 268 AD 785, 49 NYS2d 262, affd 294 NY 805, 62 NE2d 238. 53. Hoffman v Murdock (1945) 185 Misc 486, 56 NYS2d 753. 54. Little Home for Friendless Ani- mals, Inc. v Koehler (1948) 273 AD 859, 76 NYS2d 621; Old Westbury v Foster (1948) 193 Misc 47, 83 NYS2d 148. 55. Westchester County Soc. for Prevention of Cruelty to Animals, Inc. v Mengel (1944) 292 NY 121, 54 NE2d 329. 56. Petition of North Manursing Wildlife Sanctuary, Inc. (1966) 52 Mist 2d 9§. 274 NYS2d 915, revd on other grounds (2d Dept) 28 AD2d 891,282 NYS2d 18. 57. Von Kohom v Morrell (196!) 9 NY2d 27, 210 NYS2d 525, 172 NE2d 287; Five Towns Ym & Ywha, Inc. v Plaut (1958) 14 Mist 2d 61, t78 NYS2d 190, affd (2d Dept) 7 AD2d 646, 181 NYS2d 182. As to clubs generally, see NY Jut 2d, ASSOCIATIONS AND CLUBS. Annotations: What is a "club" or "clubhouse" within provisions of zon- ing regulations. 52 ALR2d 1098. 58. Lloyd Harbor v Huntington (1958) 4 NY2d 182, 173 NYS2d 553, 149 NE2d 851; Arents v Squires (1959, 2d Dept) 8 AD2d 952, 190 NYS2d 594, affd 7 NY2d 1009, 200 NYS2d 52, 166 NE2d 848, motion den 8 NY2d 863, 203 NYS2d 910, 168 NE2d 712 (tennis courts); Nelson v Pierce (1953) 281 AD 994, 120 12 NY Jur 2d 207 § 209 BUILDINGs regarded as municipal in character Simply because they are available to the public.43 Public swimming facilities may injure a residential district; accordingly, the allowance thereof may be subject to approval by a board of zoning appeals.~ Private SWimming pools may be installed by landowners al~ though the zoning ordinance does not Specifically permit them.~ Such pools, whether they are installed above or below ground level,~ are subject to reasonable regulation in the interest of public safety.~, An inground swimming pool is a structure as that term is used in a zoning ordinance imposing depth requirements for rear Yards.~ Club facilities, where clubs are allowed b~ a zoning ordinance, may include SWimming pools and beaches.49 ~ 210. Animals and animal shelters Generally, an agricultural use~O does not include a use primarily devoted to animal husbandry?~ Many ZOning ordinances formalize the distinction by imposing specific limitations Upon the keeping of animals. A municipality may prohibit the keeping of animals regulations to golf COUrses, swimming (1964) 41 Misc 2d 783, 246 NYS2d pools, tennis COUrts, or the like. 32 ALR3d 424. 43. McCarter v Beckwith (1936) 247 AD 289, 285 NYS 151, arid 272 NY 488, 3 NE2d 882, cert den 299 US 601, 81 L Ed 443, 57 S Ct 194. 44. Ellish ~vA,Zoning Board of Ap- peals (1931) ...~ Mist 916, 253 NYS 547. Where a zoning ordinance autho- rized the board of zoning appeals to permit clubs in residential districts, but prohibited SWimming pools in such districts except as accessory to residen- tial use, the hoard was without author. ity. to permit a club to establish a SWimming pool in a residential district. Barrv Michaelis (1963) 40 Misc 2d 968, 244 NYS2d 420. 45. Albini v Board of Appeals :30s 506. Annotations: Zoning regulations re- lating to private residential swimming pools. 92 ALR2d 1284. 46. North Hempstead ~' Bialek (1966) 51 Mis¢ 2d 75, 272 NYS2d 549, affd 28 AD2d 646, 282 NYS2d 665. 47. Sanders v Fiore (1967) 53 Mist 2d 695, 279 NYS2d 431. 45. Corter v Zoning Board of Ap- peals (1974, 4th Dept) 46 AD2d 184, 361 NYS2d 444. 49. §211, infra. 50. § 207, SUpra. 51. JOhnson v Debaun (1954) 206 Misc 806, 13~ NYS2d 217; Colasu- onno v Dassler (1944) 183 Misc 904, 51 NYS2d 870. 12 NY Jur 2d ....................... CdTC~OG~L ~ --? iff HD Southold Town Board of Appeals HAIN ROAD- E]TATE RDAD 25 sr'IUTHI:3LD. L,I.. N.Y. 119'71 TELEPHONE {516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No.3350 Application Dated March 26, ]985 TO: Dr. Joseph J. Lizewski, D.D.S. Main Road Cutchogue, NY 11935 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on May 2, ]985, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article III , Section ]00-30(8)[6] Request for Application of JOSEPH LIZEWS.KI, 29205 Main Road, Cutchogue, NY for a Variance to the .Zo. ning Ordinance, Article III, Section 100-30(B)[6] for permission to construct building for private membership with an insufficient setback from the easterly property line. Location of Property: North Side of Main Road and East Side of Depot Lane, Cut- chogue, NY; County. Tax Map. Parcel No. 1000-102-02-12.1. WHEREAS, a public hearing was held and concluded on April ll, 1985 concerning the Matter of the Application of JOSEPH LIZEWSKI under Appeal No. 3350, and WHEREAS, the board members have personally viewed and are familiar witht he premises in question as well._as its ~urrounding area, and WHEREAS, the board has considered all testimony and documentation entered into the record concerning this application, and WHEREAS, there has been no opposition entered in the record up until the conclusion of the public hearing, and WHEREAS, the board made the following findings of fact: 1. The property in question is located in a "B-Light Business" Zoning District pursuant to a change of zone granted by the Southold Tow Board March 9, 1982. 2. The properly in question fronts along the north side of the Main Road (State Route 25) 147.39 (and 116.37) feet and is also situate with frontage along the east side of Depot Lane_ 173.13 feet (and 233.7 feet), and is shown to contain an area of approximately 1.5 acres and approximately 20,000± sq. ft. including the one-family dwelli.ng and lot at the corner of Depot Lane and Main Road, also owned by the applicant. 3. The subject premises is improved as shown on the site plan dated Apri.1 6, 1984, for one-famill residence and professional office DATED: May 17, 1985. Form ZB4 (r~v.. ~/81) (CONTINUED ON PAGE TWO) CHAIRM3kN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3350 Matter of JOSEPH LIZEWSKI Decision Rendered May Z, 1985 uses. 4. By this application, applicant proposes to construct a 44' by 66' recreation building addition for a private racquetball membership club with a setback at its closest point from the east side line at 32 feet, which is 8 feet closer than the estab- lished sideyard setback of the existing principal structure. 5. Article III, Section 100-30(B)[6] permits annual membership clubs catering exclusively to members and their guests subject to the following 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 .... 6. It is the opinion of the board that the easterly sideyard has been established at 40 feet and the setback as proposed at 32 feet could be allowed for this addition if the special exception use for a racquetball club were not required by Section 100-30(B)[6], that the relief requested is minimal and is in harmony with the intent of the zoning ordinance. In considering this application, the board has determined that the relief as requested be granted since: (a) the relief is not substantial; (b) the relief will not be detrimental to adjoining properties; (c) the relief will not adversely affect the character of the district; (d) the practical difficulties are sufficient to warrant approval hereof; (e) the circumstances are unique since the property has residential structures existing as a nonconforming use since prior to the change of zoning from "A" to "B-Light"; (f) in view of the manner in 'which the difficulties arose, the interests of justice will best be served by allowing same, as noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that the relief requested under Appeal No. 3350 in the Matter of the Application of JOSEPH LIZEWSKI for an insufficient setback from the easterly sideyard at 32 feet for a proposed recreational club addition, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING: Modification of the Site to include a minimum of of handicapped parking). Vote of the Board: Douglass and Sawicki. of all the members. lk Plan by the Planning Board 27 ~arking spaces (inclusive Ayes: Messrs. Goehringer, Grigonis, Doyen, This resolution was adopted by unanimous vote G RMAN May 17, 1985 S th Id To B d £ App Is '~''xf~' ~ ~AIN R[3AD' ~TATE R~3AD 25 BrlUTHI3LD, L.I,, N.Y, 119'71 ~ TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3322 Application Dated January 8, ]985 TO: Dr. Joseph J. Lizewski, D.D.S. Main Road Cutchogue, NY 11935 [Appellant.(s) ] At a Meeting of the Zoning Board of Appeals held on May 2, ]985, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [×] Request for Special Exception under the Zoning Ordinance Article III , Section ]00-30(B)[6] [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for Application of JOSEPH LIZEWSKI, 29205 Main Road, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30- (b)[6] and Article' VI, Section lO0-60(B)[1](a) for permission to establish recreational use (private racquetball membership club) at premises located on the north side of Main Road and east side of Depot Lane, Cutchogue, NY; District 1000, Section 102, Block 02, Lot 12.1. (B-Light Business Zone) WHEREAS, a public hearing was held initially March 7, 1985 and was concluded on April 11, 1985 concerning the Matter of JOSEPH LIZEWSKi under Appeal No. 332~? and "WHEREAS, the board members have personally viewed and are familiar with the subject premises as well as its surrounding area, and WHEREAS, the board has considered all testimony and documentation entered into the record in this matter, and WHEREAS, there has been no opposition entered in the record up until the conclusion of the public hearing, and WHEREAS, the board made the following findings of fact: 1. The property in question is located in a "B-Light Business" Zoning District pursuant to a change of zone granted by the Southold Tow Board March 9, 1982. 2. The property in question fronts along the north side of the Main Road (State Route 25) 147.39 (and 116.37) feet and is also situate with frontage along the east side of Depot Lane 173.13 feet (and 233.7 feet), and is shown to contain an area of approximately 1.5 acres and approximately 20,000± sq. ft. including the one-family dwelling and lot at the corner of Depot Lane and Main Road, also owned by the applicant. 3. The subject premises is improved as shown on the site plan dated April 6, 1984, for one-family residence and professional office uses. 4. This is an application for a Special Exception by which applicant proposes to construct a 44' by 66' recreational addition for use as a private racquetball membership club with a setback at (CONTINUED ON PAGE TWO) DATED: May 17, 1985. CHAIRMAN, SOUTHOLD TOWqq ZONING BOARD OF APPEALS Form ZB4 (rev..12/81) Page 2 Application No. 3322 Matter of JOSEPH LIZEWSKI (Special Decision Rendered May 2, 1985 Exception) 32 feet from the easterly side property line. 5. Article III, Section 100-30(B)[6] permits annual membership clubs catering exclusively to members and their guests after receiv- ing a special exception from this board and site plan approval from the Planning Board in accordance with Section 100-134 of the Code. 6. For the record it is noted that conditional approval has been made simultaneously herewith to grant an insufficient sideyard setback from the easterly property line at 32 feet under Appeal No. 3350. In considering this application, the board determines: (1) the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (2) that the safety, health, welfare, comfort, convenience and order of the town will not be adversely affected by the proposed use and its location; (3) the use is in harmon~ with and will promote the general purposes and intent of zoning since it is a permitted use. In passing upon this app'lication, the board has also considered items (a) through (1) of Article XII, Section 100-121(C)[2] of the Zoning Code. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that a Special Exception as requested under Appeal No. 3322 in the Matter of the Application of JOSEPH LIZEWSKI at premises known and identified on the Suffolk County Tax Map as District.lO00, Section 102, Block 02, Lot 12.1, BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING: Modification of the-Si{~ Plan by the Planning Board to include a minimum of 27 parking spaces (inclusive of handicapped parking). . Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. lk May 17, 1985 TOWN OF SOUTHOLD, NEW YO~K ACTION OF THE ZO1Y~NG BOARD OF APPEALS Appeal No. 2885 by application Dated September 14, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To William H. Price, Jr., Esq. Joseph J. Lizewski, D.D.S. DATE 12/ 5 /81 1981 Appellant at a meeting of the Zoning Board of Appeals on Was considered and the action indicated below was t~ken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance Art. ( ) December 5, 1981 III, Sec. 100-30 the appeal 1. SP~'i~[~%9~F~,~2~i~F~X]~~~X~~on ( ) be gra~ed ( ) be denied pursuant to ~tide .................... Sect~n .................... Subsection .................... para.apb .................... of th~ Zoning O~inance and the decision of the Building I~pecter ( ) be reversed ( ) bn ~Y~W~xF~F~Y~ Public Hearing held 10/15/81: Application of ~oseph L. Lizewski, Main Road, Cutchogue, NY (by William H. Price, Jr., Esq.) for a Variance to the Zoning Ordinance, Article iii, Section 100-30 for permission to construct professional office building in an A-Residential and Agricultural Zone with existing dwelling use at 29325 Main Road (a/k/a 320 Depot Lane), Cutchogue, NY; bounded northwest by Fogarty; southwest by Depot Lane; northeast by Dunne; southeast by Main Road. County Tax Map Parcels No. 1000-102-2-12.1 and 11. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because (SEE REVERSE SIDE) practical ~lifficulties (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the hnmediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) (SEE REVERSE SIDE) and therefore, it was further determined that the requested variance ( that the previous decisions of the Building Inspector ~ ) be confirmed ( ). (SEE REVERSE SIbE) CG:lk FORM ZB4 ZONING BOARD ) be granted ( ) be denied and ~e_:eversed. .... -' ..... AND FILED BY i To~ ~erk, To~ of ~thold Appellant has applied to this Board for a use variance to permit the construction of a professional office building on his propert~ ' '4 located on the northeasterly corner of Main Road (N.Y. Route 25) and Depot Lane at Cutchogue. The premises are presently zoned "A" Resi- dential and Agricultural and comprises approximately two acres, and is shown and designated on the Suffolk County Tax Map as District 1000, Section 102, Block 2, Lots 11 and 12.1. Tax Map Lot 11 contains approximately 20,000 sq. ft~ and has constructed thereon a 2-% story wood frame dwelling and garage occupied by Appellant as a private dwelling. Tax Map Lot 12.1 comprises 68,554 sq. ft. and has erected thereon a 1-½ story wood frame dwelling, two barns and a garage. The property on the north side of Main Road west of Depot Lane is in the "B-1 General" Business Zone which extends westerly for approximately 1100 feet. The property on the south side of Main Road west of the subject premises is zoned "B-Light" Business. The property north and east of the subject premises is zoned "A" Residen- tial and Agricultural. Section 100-30C(1) of the Zoning Code permits "Home Occupations" in the "A" zone as an accessory use. Under the definition of "Home Occupation" (Section 100-13), the professional office of a dentist is permitted provided that the office is located in a dwelling in which the practitioner resides, or in a building accessory thereto. The Appellant (a practicing dentist) could establish a dental office in his dwelling on the premises or in a building accessory thereto pro- vided he resided there and employed not more than one non-resident assistant. Presumably, however, Appellant does not wish to have only his own dental office on the premises, but instead desires to construct on the premises a professional office building having a length of 110 feet and a width of 58 feet, containing three suites of offices. Such a use is not permitted in an "A" Residential and Agricultural District. It is permitted in the "B" and "B-i" Business Districts. Since the variance applied for is a use variance, before this board may grant such a variance the record must show that: (1) the land in question cannot yield a reasonable return if used only for a purpose allowed in that zone; (2) that the plight of the owner is due to unique circumstances and not to the general conditions in the neighborhood which may reflect the unreasonableness of the zoning code; and (3) that the use to be authorized by the variance will not alter the essential character of the locality. The courts have held that a claim that the property is yielding less than a reasonable return requires proof, in dollars and cents form, of all matters bearing upon the return available under existing zoning, including proof that no permissible use will yield a reasonable return. The only dollars and cents evidence in the record is Appel- lant's statement that he paid $65,000.00 for the property and his conclusory statement t~at he has not made a profit from the property. The Town assessor's records indicate that the premises (lot 12.1) was acquired by Appellant in 1981. There is no evidence that the property cannot yield a reasonable return if used for other permis- sible uses. Therefore, this board concludes that the evidence presented does not support the grant of the variance applied for. This board does believe that there is, however, a public ne~d ~ for the type of facility proposed by the Appellant in the Hamlet .~ Cutchogue, and that perhaps the Town Board should consider the ~ ~~ extension of the present "B-l" District to embrace Appellant's ~ property. ~_ ~ On motion by Mr. Grigonis , seconded by Mr. Goehringer, ~ ~ BE IT RESOLVED, for the reasons set forth herein, the variance is denied. Vote of the Board: Ayes: Messrs. Sawicki and Grigonis. (Absent was: Mr. This resolution was unanimously adopted. Douglass, Goehringer,~ Doyen, Fishers Island). Tow~ ¢~.ER~ 4 61 TOWN OF SOUTHOLD Suffolk County, New York Phone 516-765-1801 ~.~. Southold, New York l1971 * Date · ~ ~' 19 Judith T. Te~, To~ Clerk (~) COUNTY OF SUFFOLK ~*,~SOUTHOLO Rea~ Prol~erlv Tax Service Agency BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : Depot Enterprises, [nc. : to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: ~- ~ 1. That it is the intention of the un~der~igned to petition the Board of Appeals of the Town of Southold to request a (Variance) (~,~;:¥a~EX0e.~l~x~?.($1~er,.:i:~ ~'10*x~lx)x (Other) ~eRX~X~(x 1. L 2. Thattheproperty whichisthesubectofthePetitionislOcatedadjacenttoyourpropertyandisd~. crib~ asfollows: 29205 Main Road and the easterlv side of DePot Lane~ V{llage Commons, Cutcho§ue~ NYi County Tax M~p Parcel ID' 1000-102-2-12.1. Res 3. That the property which is the subject of such Petition is located in the following zoning district: idential-Office 4 That h5 such Pe~itiun, the undersigned will request the following relief: t6 place volleyball court(s) with outdoor liahtin~ in th~ northerly ya'r,I area (north of the main building). ~. That the provisions of the Southoid Town Zoning Code applicable to the relief sought by the under- signedare Art/cle III Section s 100-33. 100-32C. (from 100-7.~C) [ ] 6. That within five da~s 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 Southold, New York and you ma), then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the B6ard of Appea~s; 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:' January , 1993. . Depot Enterprises, Inc. Petitioner Owners'Names: Depot Enterprises, Post Office Address Main Road Cutchogue, NY 11935 Tel. No. (516) 734- Inc. [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAM~ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Receipt for Certified Mail No Insurance Coverage Provided (See Reverse) P 283 939 744 Receipt for Certified Mail NO Insurance Coverage Provided (See Reverse) STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: " ~ ., being duly sworn, deposes and says that on the ~ day of ,.LanL;&;-¥' /~'e..~'YZ~lr~, 19 93 ,deponent maileda truecopy of thc Noticeset forzh&n there- verse side hereof, directed to eac~of the above-named persons at the addresses set opposite their r~pectJve names; that the addresses set opposite the names of said persons are ~he addresses of said persons as shown on the current assmsment roll of the Town of Southoid; that said Noticm were mailed at the United States Post Of- rice a~ (certified) (~Ra~) ~ail~ Sworn to before me this day of ~010 93 Notary Public (--'/ JUDITH T, Tf~RRY Notary Public,, StaKe, o~ New Yo~k No, 52-03~4963 Ouatified in Suftotk County ,~ Commission Expires May 31, 19-~&- ; that said Notices were mailed to each of said persons by (This side does not have to be property owners.) completed on form transmitted to adjoining l