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4154
APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 Appeal No. 4154. 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 Upon application of JAMES R. LEWIS (for EAST END MARINE SUPPLY INC., Tenant). Variance to the Zoning Ordinance, Article XIV, Section 100-142 for permission to locate a new warehouse building for commercial storage in this Light Industrial (LI) Zone District with lot coverage in excess of thirty (300) percent of the total lot area. Subject premises consists of combined County Tax Map Lot Nos. 1 and 44.1 {previously referred to as Numbers 2 and 3 and abandoned sections of 8th St. and 7th St.}, for a total lot area 67,124 square feet. Street Address: 645 Ninth Street and Corwin Street, Greenport, Town of Southold, NY. County Tax Map District 1000, Section 48, Block 2, Lot Nos. 1 and 44.1 (All to be combined as a single lot for purposes of zoning). WHEREAS, a public hearing was held and concluded on February 23, 1993; and WHEREAS, 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. BASIS OF APPEAL. This is an appeal of a Notice of Disapproval issued February 5, 1993 by the Building Inspector for a permit to construct a storage building which "...will exceed permitted lot coverage...." 2. PROPOSAL: Proposed is a 40' by 60' one-story storage building to be located at the extreme northwest section of this 67,124 sq. ft. parcel as more particularly shown on the site plan prepared by Garrett A. Strang, R.A. dated February 4, 1993. The lot coverage as exists is 43.10. The proposed lot Page 2 - Appl. N00154 Matter of EAST END SUPPLY/LEWIS Decision Rendered February 23, 1993 coverage is 46.6%. The increase requested is 3.50 over the existing. 3. PROPERTY DATA: The subject premises is located in the Light Industrial (LI) Zone District, and is presently improved with building area for principal storage and office area incidental to the principal storage area. The subject premises was previously assessed as three separate building lots, and since about 1983, two of the three lots were merged, after having acquired title to the abandoned sections of 7th Street and 8th Street. Since 1989, the entire tract has been considered under the Master Plan as one tract, and will remain as one lot (combining County Tax Map Lot Nos. 001 and 44.1) of 67,124 sq. ft. For informational purposes, prior to January 1989, the premises was zoned "C -Light Industrial." 4. SETBACKS. The setbacks of the new storage building is proposed at 20 feet from both front property lines along Corwin and 9th Streets. The setback from the existing southerly one-story warehouse must be 15 feet and 40+- feet from the easterly building, as detailed on the proposed site plan. No expansions to the existing buildings are being proposed. All outside areas must remain open for fare access; no outside storage of any materials, unlicensed vehicles or the like will be permitted in any manner. 5. HEALTH DEPARTMENT REQUIREMENTS. This building is proposed for proper indoor containment and storage of paints, oils, solvents, and similar items in order to meet the requirements of Article 12 of the Suffolk County Department of Health Services. 6. OTHER AGENCY COMMENTS. No written comments, recommendations or objections were submitted to this office when coordination of this project was sent to other town agencies. Therefore, it is assumed that there is no objection, and it is the applicant's burden to comply with any other procedural steps and approvals necessary in this project before commencing construction activities. 7. It is the position of this Board in considering this application that: (a) the circumstances are uniquely related to the property and the principal use of this property, and are not personal in nature to the owner; (b) although the relief requested is substantial in relation to the requirements, the relief will not alter the essential character of the immediate neighborhood; Page 3 - Appl. N*4154 • Matter of EAST END SUPPLY/LEWIS Decision Rendered February 23, 1993 (c) it will be detrimental to the applicant if the variance is denied; a denial of the variance must prove that injury would be created to the health, safety, welfare of the community; (d) the benefit afforded by the grant of the variance will not be detrimental to the health, safety, welfare of the community; (e) the grant of a 3.5% variance will not.be adverse to the preservation and protection of this property, the surrounding properties, or this district: to the north and west of this property are town streets; to the south is the Long Island Railroad; to the east is other premises occupied and zone for Light Industrial use. (f) there is no other method feasible for appellant to pursuant other than a variance; (g) in light of all the above factors, interests of justice will be served by granting the relief as requested. Accordingly, on motion by Member Dinizio, seconded by Member Wilton, it was RESOLVED, to grant the relief requested. -of 3.50 lot coverage for the location of a 40 ft. by 60 ft. one-story storage building, as shown on the February 4, 1993 site plan prepared by Garrett A. Strang, R.A. and SUBJECT TO THE FOLLOWING: 1. No outside storage of any materials; 2. No parking/storage of any unlicensed vehicles or trucks; 3. Minimum front yard setbacks at 20 feet; .4. Minimum clearance between buildings at 15 feet, as proposed; 5. All passageways around buildings must remain open and unobstructed for access by fire and emergency purposes. RECEIVED QPD0F1T B. Ayes: Messrs. Dinizio, Wilton, Doyen, r << ', e, . rr Na : 1Kr. Villa. This resolution was duly adopted � 6 a D, a 3 i153�lli;,t GERARD P. G EHRINGER, C IRMAN chin C`l.crlk, Town of sto ti tv _ I - � f MACe F{�,' �jr 1 Sc a t� OF NEI -- NY 1 tiY,Cic v�ti 0 •0 < y ur ao/or's inked (� `u v seal shat[ not be ccs,co iaiid true copy, 4e 4S 2 56� I - •+.?88S in'dicall"I heceG:'r R. `,.� •..' j - .. `s person for wh", and on hos tsengovernmes,=.P n a: .. — 1 OLD CA on 11911" - hlYT YT - S s _ [ � psi Hfi SOF �''- �•t�. _�'""_- _load'"� _ ; ::�. - - � •,t,._. {�-- - t � � ' T .r— G ' VAN _i�''+ ., NOW ' fir-\' 1 — , I 14 -Sr i' -T Irr.-- G -z I z 4 s. P- l 4 Q3 A, - r.X 1 -.- r1 P44 3y ova & K - ti.x (*"rt 04 4 T r.�a 3► r. G - 8.ic 13TIM<.j �Qdd 7: f Te.7Ti�►t,.. r1e,.+ F-9 tIt* Vol. 111p --X TOW, I=.w-p 4G.G % fir-\' 1 — , I Q 5 iiia~ .3a.. Ao':Is- m 3 � A. 015244 OF { It ..- ve `rAIA /rte a n Il a# ( EF x I s -r' I t`t G) U� (- rzo-rc,-� -,47sv) t2W 1,3 01 /s-1-- 0 V7 V -I-- E:..- -r L,.-., A Fj .AVE.: i" � ♦O� � ,n GARRETT A. STRANG architect Main Road P.O. Box 1412 Southold N.Y. 11971 516 - 765 - 5455 Ef 1 11 -cv] N IPAP - 4 -IS,- 2Z- -:7 1 se 44. 1 L 1414 T 1113�t3 �� tf,L Jain �5 T--. LFI�1v I� F -f LA L) Fv- 1"L-12 V- t t7A.,15- N e2 � •• = TN t 'i mil T� 'f"f�.o-*-t �1.�..�!► 'Pe- �.1�� �F-�.. v' �✓ t T 1-t A - //l.► P �- ''t "'� 'G vT� Tip-Tii-1 c.� � vis. l -d -TiJ `C �., P � . t., t G. G�H.1 �►'fTw>� VA N D �'i t.� 1`�/ iirYJ Ly. i7/�Tin--fl Sic -T T, 2, t 't PO jIie /A,-, v- G H 3b t, TITLEf���!/ J Ii'Y `j'►���/ �� �✓ �! U LOCATION Gt �c=• LG— F..— N 'T"u t�.--1', til • Y. SCALE i� 4 • REVISED DRAWING NT 1 s D ATE r'�. 6 4 r j •-'a. DRAWN By 14 l 4 Q3 -•.s-�.�. 9 '� �� in ii Jog19 �in Q 5 iiia~ .3a.. Ao':Is- m 3 � A. 015244 OF { It ..- ve `rAIA /rte a n Il a# ( EF x I s -r' I t`t G) U� (- rzo-rc,-� -,47sv) t2W 1,3 01 /s-1-- 0 V7 V -I-- E:..- -r L,.-., A Fj .AVE.: i" � ♦O� � ,n GARRETT A. STRANG architect Main Road P.O. Box 1412 Southold N.Y. 11971 516 - 765 - 5455 Ef 1 11 -cv] N IPAP - 4 -IS,- 2Z- -:7 1 se 44. 1 L 1414 T 1113�t3 �� tf,L Jain �5 T--. LFI�1v I� F -f LA L) Fv- 1"L-12 V- t t7A.,15- N e2 � •• = TN t 'i mil T� 'f"f�.o-*-t �1.�..�!► 'Pe- �.1�� �F-�.. v' �✓ t T 1-t A - //l.► P �- ''t "'� 'G vT� Tip-Tii-1 c.� � vis. l -d -TiJ `C �., P � . t., t G. G�H.1 �►'fTw>� VA N D �'i t.� 1`�/ iirYJ Ly. i7/�Tin--fl Sic -T T, 2, t 't PO jIie /A,-, v- G H 3b t, TITLEf���!/ J Ii'Y `j'►���/ �� �✓ �! U LOCATION Gt �c=• LG— F..— N 'T"u t�.--1', til • Y. SCALE i� 4 • REVISED DRAWING NT 1 s D ATE r'�. 6 4 r j •-'a. DRAWN By • APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. R Robert A. Villa Te� lephoned(5�6) 765 1 09 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 February 8, 1993 S,E.0.R.A. TYPE II ACTION DECLARATION Appeal.No. 4154 Project/Applicants: James R. Lewis(for East End Marine Supply Inc.,Tenant) County Tax Map No. 1000- 48-2-1 and 44.1 Location of Project: 645 Ninth St. and Corwin St., Greenport, NY Relief Requested/Jurisdiction Before Locate a new warehouse building for Zone District with lot coverage in e coverage This Notice is issued pursuant implementing regulations pertaining Environmental Quality Review Act of Conservation Law and Local Law #44-4 This Board in this Project: commercial storage in this LI xcess of 30% of the total lot to Part 617 of the to Article 8 of the N.Y.S. the Environmental of the Town of Southold. An Environmental Assessment (Short) Farm 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. me COUNTY OF SUFFOLK ?I t� r .i DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE ARTHUR H. KUNZ DIRECTOR OF PLANNING March 4, 1993 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) Grattan, Christopher & Heidemarie Lewis, James R. GGN:mb 4148 4154 Very truly yours, Arthur H. Kunz Director of Planning S/s Gerald G. Newman Chief Planner H. LEE DENNISON BUILDING ■ VETERANS MEMORIAL HIGHWAY ■ HAUPPAUGE. NEW YORK 1 1788 ■ (516) 853-5192 0 FORM NO. 3 46 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE — 5: SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL � q Date . r�T. . % ..:................ 19 To e!�?ameea' i�. ............. . PLEASE TAKE NOTICE that your application dated .-1PO/................... 19 9:3. for permit to ..................... at Location of Property 3a .. ......... . House No. Street inlet County Tax Map No. 1000 Section ......... Block .....R........ Lot liy !� Subdivision ................. Filed Map No. ............... Lot No. ................. is returned. herewith and disapproved on the following grounds CI .Q/i, .. � ' . . . .�.�=c-��?. /fir?-/.�3. �... �d�-�= •C��%¢1�����,.....���'.��• .. . ........................ ..................... .. ../. �. .. .... ................... .... ._ ...A.... .. 1. .. ...�.'.' .. .. ................... ... ................................................................. ui ing Inspector RV 1/80 • Examined ................. 19 ... FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 Approved ................. 19 ... Permit No........... . Disapproved a/c ..................................... ................................ (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS BOARD OF HEALTH 3 SETS OF PLANS ......... SURVEY.................. CIIECK ................... SEPTIC FORK ............. r:DTI FY; CALI. .................. MAIL TO: Date ..February. 4, 1993 a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 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 street. or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permi shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupanq shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to thf Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances of Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and tc :admit authorized inspectors on premises and in building for necessary inspections. .............................................. (Signature of applicant, or name, if a corporation) Garrett A. Strang, Architect P; U. Box ,1,41 2, Southold, New, York 1 1 971 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Architect ............................................... .................................................. Name of owner of premises .. lames R . Lewis, Jr- (as r.(as on tlae tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. .............................................. (Name and title of corporate officer) Builder's License No. .. , Not Selected Yet 11 1, Plumber's License No. ................... I Electrician's License No. .. u .......... ......n .... . Other Trade's License No. . 11 ................... . 1. Location of land on which proposed work will be done . ................................................. ..................................... 23Q....... Corwin. Street ................ ...Gree,nport Ilouse Number Street Hamlet County Tax Map No. 1000 Section .......48......... Block .... 02 ..... , ..... Lot . 44. 1 & 01 Subdivision ............... N/A Filed Map No. .............. Lot (Name) ?. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy .....Office. And, Wa_rehou.se Storage b. Intended use and occupancy Same 3. Nature of work (check whicl, licable): New Building .. X ...... *ition .....X.... Alteration Repair .............. RI*VaI .............. Demolition ............. Other Work .. Oth W ......... ............. 4. Estimated Cost ........ $.1,2Q, 0(Description) 00 00 ................. Fee .................................... . (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ............... Ifgarage, number of cars ................. . 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use f orage 100! 7. Dimensions of existing structures, if any: Front .............. Rear Depth Height ............... Number of Stories .......... . Dimensions of same structure with alterations or additions: Front Rear Depth ...................... Height . Number of Stories . ' ' . ' ' • ' 8. Dimensions of entire new construction: Front 60 Rear 60 Depth 40 Height .... 25.x........ Number of Stories ... One .......... . 9. Size of lot: Front ... .""" ""' .... G � b............ Rear ...... � 5 � �....... Depth 4A - )AQ 10. Date of Purchase .... Name of Former Owner 11. Zone or use district in which premises are situated ...... Light . I md.u,s t r i.ctl . 12. Does proposed construction violate any zoning law, ordinance or regulation: ' Y e s 13. Will lot be regraded......... s ... ..... . Will excess fill be removed from premises: X Yes Nc 14. Name of Owner of premises ) .• R. % 4 e w i,s , . )Y.-. , Address F 1 o r i d a . Phone No. Name of Architect ,G: A. Strang , , , , , , .. Address ,Southo!c * 'IVY 5�1 6-765-5455 Name of Contractor .. NQ t . S e.I, e t e d • • • • . • • Phone No. . Address . Phone No. 15. Is this property within 300 feet of a tidal wetland? *yeS,• •• No. X " " " ' " '"" " *If yes, Southold Town Trustees Permit may be required. ••'••• PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and, indicate all set -back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. SEE ATTACHED! ;TATE OF NEW YORK, S.S 'OUNTY OF .. S u f f o,l k ...... If .. , , , , , , ,Gp r r,q t t. A . $ t r,qn g , , , , , , , , , , , , , , , , , , being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) bove named. le is the ............................... Architect,-.,A9gn.t................. (Contractor, agent, corporate officer, etc.) f said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this pplication; that all statements contained in this application are true to the best of his knowledge and belief; and that the ,ork will be performed in the manner set forth in the application filed therewith. worn to before me this FQ.u.r.tb............ day of ....... Febrwai'y....., 1993. otary Public . ................................. County � t - J-, ........................ (Signature of applicant) RECEIVED FEB 05 1993 TOWN OF SOUTHOLD, NEW YORK APPEAL k&*0AJ9Y%IC8V"BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. qls-- DATE 1 Garrett. A Strang._for...Lewis..of . Main..Road,......P..O.Box.,. 1412 ................ ......... ........ ........... ......... ..... ... ...... ......... Name of Appellant Street and Number p Southold ....New..Yo.rk HEREBY APPEAL TO ............................................................................................. . ..... ;k Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATIONFOR PERMIT NO . .................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO _.Garrett. A. Strang. for..Lewis-_._-.__.. ..._----....r..._ . ............. ......- ..... Name of Applicant for permit of Main Road P.O.Box 1412 Southold New York ..............................be..................................ipa.i ......................tate....................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) Permit to Construct 1. LOCATION OF THE PROPERTY ...230. Corwin Street, Greenport LI -Light Industrial ............................................................................ Street /Hamlet / Use District on Zoning Map District 1000 Section 48B1ock02Lot0l&44.lent Owner James R. Lewis, JR. ......... ................_............_...._..._....�_............ 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 XIV Section 100-142 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 Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ( ) 4. PREVIOUS APPEAL A previous appeal (has) %l7mxwQ been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit # 1537 of 1972 ( ) request for a variance # 3 013 of 1982 # 3014 of 1983 and was made in Appeal No.................................Dated ........ I ... 3.08.0 ... Of ... 1.983.......................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 000 A Variance to the Zoning Ordinance is requested for the reason that - Form ZB1 (Continue on other side) a x REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because it would disallow construction of the storage facility which has been mandated by The Suffolk County Department of Health Services. Failure to comply would require abandonment of the business. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because The site was developed over the years however new legi-slat•ion now requires the type of storage -which can't be provided in the existing buildings. A new structure is required_ to meet County specifications and must.be placed on the subject property. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because This site is presently developed with similar buildings and the proposed building represents an increase of less than 1% of the existing building area or an additional increase in lot coverage of 8.25% STATE OF NEW YORK ) ;, ss COUNTY OF S(4iP;/k ) ............... ..........Signature ............�.,....... this 5th ....., day of.,FAbr,uarY 19 93 Swornto .......... ....................... ..................................... , .......... ........ 661 ....... Notary Public CLAIRE L. GLEW Notary Public, State of New York No.4879505 Qualified in Suffolk County /L Commission Expires December 8. 1. J �V 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 To: Bob Kassner From: Jim Dinizio Date: March 1, 1993 • SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 In reference to our discussion at the last Legislative Committee Meeting 2/24/93, I am attaching a copy of the Notice of Disapproval issued by Building Inspector Tom Fisher. Please note that there is no mention of landscaping, parking, or setbacks on the Notice of Disapproval. Also, attached is a memo from the ZBA to the PB requesting comments on this matter. I understand that a letter would be sent from the Planning Board Office -- no written comments were received (apparently because of questions the P.B. about the need for a variance.) In the event you have not had a preliminary conference with the applicant under the site plan referral process, you may, of course, refer questions in writing. We would be happy to refer the questions to the applicant either before the hearing date, or at the hearing. Attachments cc: Vic Lessard Jerry Goehringer �'j APPEALS BOARD 11E:t1BERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 i j•0 SCOTT L. HARRIS Supervisor Town Hall, 53095 blain Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD INTER -DEPARTMENTAL MEMORANDUM TO: Richard G. Ward, Planning Board Chairman FROM: Board of Appeals1?4_11_� DATE: February 11, 1993 SUBJECT: Request by ZBA for PB Comments Based Upon Site Plan or Subdivision Regulations Coordinated for your comments are the following projects. Please let us know whether or not the site layout as proposed by the applicant may be substantially affected or conflict with your requirements in these applications. Public hearings have been calendared for February 23, 1993, however, if you are not able to respond either verbal or written comments, please let us know. Thank you. SITE PLANS: Appl. of JAMES R.'LEWIS for East End Supply Co., Inc. LIZ (by Garrett A. Strang, R.A.) - new warehouse building on 67,124 sq. ft. parcel. LI Zone District at 645 Ninth Street, Greenport. 1000-48-2-1 and 44.1. SUBDIVISIONS OR LOT LINE CHANGES: Appl. of JOHN S. McGEENEY AND EDWARD F. RODENBACH. Exchange of property will require a Variance to reduce lot area of the northerly parcel, increasing -the nonconformity. Lots are substandard in size. R-80 Zone. 1000-6-2-5, 6 and 13. Avenue B and Crescent Avenue, Fishers Island. } 14-164 (2/871—Text 12 PROJECT I.D. NUMBER 617.21 SEOR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (fo be completed by Aoolicant or Proiect snrinsnrl 1. APPLICANT /SPONSOR 2. PROJECT NAME Garrett A. Strang, Architect East End Marine Supply 3. PROJECT LOCATION: Municipality Southold county S u f folk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 230 Corwin Street Greenport, New York (South side of Corwin between 9th and 7th) 5. IS PROPOSED ACTION: ❑ New ® Expansion ❑ ModlficatlonMiteration 6. DESCRIBE PROJECT BRIEFLY: Construction of 24,400 sq, ft, building for storage of materials 7. AMOUNT OF LAND AFFECTED: Initially 1 .54 acres Ultimately 1 .54 acres 8. WILL PROPOSED ACT10N COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑ Yes ® No If No, describe briefly Variance required due to excessive lot coverage 9. WHAT IS PRESENT LANDUSE IN VICINITY OF PROJECT? f� ZI Residential Z Industrial ❑ Commercial ❑ Agriculture ❑ Park/ForesUOpen space G Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. STATE OR LOCAL)?vv Yes ENO If yes, list agency(s) and permit/approvals 11. nnDOES ANY ASPECT OF THE ACTI�.14 HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Lr Yes LR N, If ye;, dist agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑ Yes ❑ No N / A I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Garrett A. Strang, Architect Date: F e b. 5, 1993 z� Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER .(Continued on reverse side) 0 4� The N.Y.S. Environmental Quality Review Act requires submission Of this form, and an environmental review will ue a,ade Ly this ;joard before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (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. nificant and completedquestion Environmental nAssessment Form swered Yes the pis�necessary. sig - (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? _Yes .X NO 2. Will there be a major change to any unique or unusual land form on the site? - i_Yes X No 3. Will project alter or have a large effect on an existing body of water? _Yes X No 4. Will project have a potentially large impact on groundwater quality? _Yes X No S. Will project significantly effect drainage flow on adjacent sites? _Yes _�LNo 6. Will project affect any threatened or endangered plant or animal species? _Yes X No 7. Will project result in a major adverse effect on air quality? _Yes X.No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes X 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 envircnmental area by a local agency? Yes __LNO 10. Will project have a major 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? _Yes X No 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 community by directly causing a growth in permanent popula- X tion of more than 5 percent over a one-year, period or have a major negative effect on the -"—Yes No character of the community or neighborhood? 15. Is there public controversy concerning the project? Yes X No Preparer's Signature: ig Representing: James R I P, � 28A 9/-75g' - �_- Date: 2/5/93 .7 QUEST_ICNPiAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of Ithe 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.) James R. Lewis, Jr. - Owner B. Is the subject premises listed on the real estate market for - sale or being shown to prospective buyers? ( } Yes ( X ) No. (1f Yes, nlaa ce attach Copp of "candid ons" of sale.) C. Are there an7 Frvposals to change ter alter land contcurs? ( } Yes (X } No D. 1. Are there any areas which contain wetland grasses? No 2. Are the wetland areas shown on the map submitted with this application? N/A 3. Is the property bulkheaded between the wetlands area and the upland building area? N/A 4. If your property contains wetlands or pond areas, have You contacted the Office of the Town Trustees for its determination of jurisdiction? N/A 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 there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? Fencing If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? No If yes, please submit.a copy Of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? N— If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel Office/warehouse storage and proposed use Same – - 2'/-�/6l� Author zed Signature and Date 3/87, 10/901k LI § 97-13 WETLANDS § 97-13 TOWN — The Town of Southold. - TRUSTEES — The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-19841 'WE LANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by LJ_ No. &4985k A. 1 iDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet. including but not limited to banks. bogs, salt marsh. swamps, meadows, flats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, flats 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. marshmallow and low march cordgrass; and/= (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24. Ti- tle 1, § 2.1-0107. Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet- land." as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 2-=3.8s • LETTER OF AUTHORIZATION Re: SCTM #1000-48-02-01 I, James R. Lewis, Jr., authorize GARRETT A. STRANG, Architect to act on my behalf when making application to Suffolk County, Town of Southold or any other Governmental Agency with regard to the above referenced premises. ;;JAMES R. LEWIS, JR Sworn to before me this S day of January 1993. i Notary Public, S tate of Florida Ik NOTARY KKIC STATE OF RORIQA MY COMMISSION EYP. KAY 26,1995 BONDED THRJ GENT -P;' IN`, U`110. i- f 1STRICT 1000 ECTION 048.00 LOCK 02.00 OT 01.000 t x 0 713 SUndard N v R r tt. —U.. ti.in .nd Yale Ued, with l.o vrltnnl+gtmt L . ,r,,, ; .Ni. 1minlJ...f �t lot put.u.ru it.itlKlr shrel) CONSULT TOUR LAWYER ft+EPORE SIGNINQr THIS INSTRUMENT -THIS INSTRUMENT SNOULD /E USED EYLAWYERS ONLY THIS INDUi' URE, made the 29th day of September nirterrcn hundred andeighty—eig BETWEEN EAST WIND DEVELOPMENT CORP., a domestic corporation with orfiues at (No number) Cedar Lane (Box 448) , Remsenburg, New York 11960, party of the First part, and JAMES R. LEWIS JR AND ALICE 0 LEWIS, a married couple, AS JOINT TENANTS WITH RIGI3T OF SURVIVORSHIP, both presently residing at 2841 N.E. 25th Court, Fort Lauderdale, Florida 33305, party of the second part, WITNESSETIi, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby Errant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildingb and improvements thereon erected, situate, lying and being in the Village of Greenport, Town of Southold, County of Suffolk and State of New York known and designatrid as parts of Lots 18, 19 and 20 on a certain map untitled, "Map of the S. Buel Corwin Estate" and filed in the Office of the Clerk of the County Of Suffolk on 12/23/30 as Map #538, which parts of lot.sr wl►er► taken toget�ter as one parcelbeing more particularly bounded and des cr.�bed as ollows: BEGINNING at tbo corner forrned by the intersection of ti-ic -,outher-- ly side of Corwin Street with the easterly side of Ninth Street (Browns Lane), running thence South 88 degrees, 38 minutes, 20 seconds East clung the southerly side of Corwin Street 12U feet; thence South 6 degrees, 36 minutes, 40 seconds West 130.66 feet to the northerly side of land of the L.I.R.R. Co.; thence South 84 degrees, 11. minutes, 40 seconds West along said last men- tioned land 137.32 feet to the easterly side of Ninth Street; thenno North 12 degrees, 12 minutes, 10 seconds East along the easterly side of Ninth Street 149.92 feet to the corner aforesaid at the point or place of BEGINNING. BEING AND INTENDED to be the same premises conveyed to the party of the first part herein by deed dated. December 29, 1987 made by GARY SMITH, and recorded in the Office of the Suffolk County Clerk on January 12, 1988 in Liber 10511 at page 401. This transaction was made in the ordinary course of business of the party of the first part. KL•kL ESTATE a�f -1. OCT 17 1968 1 fir?P;I 12 f AX TOGETHER with all right, title and interest, if any, of theParty of the rst Part inih�J 4%' ny streets d roads abutting the above described premises to tilt center lines th -reof ; TO , • v. and all the, estate and rights of the party of the first part in and tD said premises; 0 HOLD the premises herein granted unto the party of the second part, the heirs or suecrssons and assign: of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suftered anything whereby the said premises have been encumbered in any way "'hatcrer, except as aforesaid. AND the party of the first part, in compliance with Scctlon 13 of the Lien l.aw, --m-masts that the party of the first part will receive the consideration for this Gonkryance and will Iwld thk right h, receivc such runl0d oration as a trust fund to be applied first for the purpose of paving the cust of the improvoytent and will apply the same first to the payment of the cost of the irnproverrwrit before using any Dart of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenevrr the ;ease ,,f this indenture St.,ruquires. IN WITNESS WHEREOF, the party of the first part hati dol,- exccuted thii d.cd the. flay ,fntf year first above written. i.A w_ IN PRESCN ck EA.;T WIND VLLQPM��pkp, i f By;- J O s( h R_ A F-LP6i f Vit e Pces .idc, EEB ` 10713 PC591 jo ` STATL OF NE-& raeg, COUNTY SEt 1 STATE Of NEPYORE, COUNTY OF On the day of 19 ,before me personally came to nu- known it) be the individlltil described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE Of NEW TORY, COUNTY OF SUFFOLK ) ) SSt On the 29th day of September 19 gg , before me pt-nionally came JOSEPH R. ATTONITO to me known, who, bring by me duly sworn, did depose and say that he resides at No number, Cedar Lane, that Rem 11C i:i enbueg�iCe Pkesident ' of EAST WIND DEVELOPMENT CORP., the corporation described in and which execute(] the foregoing instrument; that he knnws the seal of said corporation; that tilt seal Arfixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h ' sr name thereto by like order, NORMA HERZOG MARY PUBLIC. State of New York No. 52-461D417, Suffolk County ,� CjI commta jon Expires Aul Bargain and #air arrh WITH COVENANT AGAINST GRANTOR'S ACTS TI TLE NO. X d �/ ,,, QTLE NO. �r EAST WIND DEVELOPMENT CORP. TO JAMES R. LEWIS, JR. and ALICE O. LEWIS, his wife STANOARO FORM OF NEW YORK BOARD OF TITL4 UNDERWRITERS Distributed by 01WRIC&GO OVUM. S 1rPriOUnANCS C0MPAIRTY On the day of personally carrmc 31: 19 , before me to uie known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YOttK. CouNrT OF ss: On the day of 19 before me personally came the subscribing wetness to the foregoing instrument, Mith whom I am personally acquainted, whu, being by me duly sworn, did depose and say that he resides at No. that he'knows described in and who executed theforeoobe h individutl that hc, said subscribing witness, was present and saw execute the same ; and that he, said witness, at the same time subactibcd h name as witness thereto. k, J117 SECTION BLOCK LOT COUNTY Ott 'TOWN Recorded at Request of CNICACO TITLE INSURANCE COMPANY . -.. I.., lied to GUSTAFSON, 'EPHENS,FERRIS,FORMAN AND HALL, P.- 540 _ 540 Northeast Fourth Street Fort L,_.uderdale, Florida 33301 Att.: Jjhn Stephens, Jr.,Esq. Zip No. 4/` n=' _4 -n ca --i =� ; r1 Z 7. "T cd IP CO A 291 �qoo, landun«t a dyad 9-P..'.nt8wllnst arantor'o a t3 --Tal. or Corn • o a ..a car JULIUB BLUTAa)iNPO. %NG.. LAW BLANK L19H[Rs 00 F3%GNANOe PL. AT SNCAOWAV, N Y. C. 10004 CONSULT YOUR LA Y R 1110111 SIGNING THIS INSTRUMENT- THIS INSTRUMENT SHOULD BR USED 6Y LAWYERS ONLY 10771 PCS �._._... . THIS INDENTURE, made the X r — day of 4' G'e. 4Zt5IT , nineteen hundred and e 19 h t y - e i 6 h BETWEEN 18 Corwin Street Corp. of 230 Corwin Street Greenport, New York 4" party of the first part, and James R. Lewis and A1iceALewis, his wife, 220 S.W. 32nd Street, FL. Lauderdale, Florida party of the second part, WITA1i>,$.SIETH, that the panty of the first par, in considcrwtioe of Ten ($10.00) Man, lawful money of the United States, and other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or imecinsors and asAigns of the party of the second part forever, r ALL that certain plot, piece or parcel of land, with the buildings and improvementa thereon erected, situate, J r lying and being *XU at the Village of Greenport, Town of Southold, County of Suffolk and State of New York, bounded and described Cif Tl=' as follows! leve Parcel I 0ECTIQ;4 BEGINNING at a point on the southerly side of Corwin Street Q�J Da and Lhe easterly line ut the Land of Mills and from said point of beginning; 'tQr-K RUNNING THENCE along the southerly side of Corwin Street South Q2�c>u 886 38' 20" east; 505.84 feet; RUNNING THENCE South 7° 91 00" West;*515.00 feet to the east®rly LOT line of the Land of. Mills and -�---^�^ RUNNING THENCE North 60 36' 40" east along the easterly line of th/e/ Land of Mills 13..0.[.66 to the point /or place of BEGINNING i,', 4 fly fJ%r �Eif% %p riilliY/� c d�.r/� .��?,i� .�'�P'/L.t's,d�� .�OyA,�z,�.y; !i�/J,•.+-".F . .✓ter VParcel TI BEGINNING at an iron pipe set on the easterly side of DISTRICT Sixth Street where said easterly side of Sixth Street is intersected /OG , by the southerly line of the land of the Long Is13nd Rzilrvad Company, and from said point of beginning SECTION RUNNING THENCE north 84* 11' 40" east along the southerly line �-- of the land of the Long Island Railroad Company 170.55 feet to the land vee.a now or formerly of Chute; THENCE South 7° 18' 20" west along said last mentioned land, ROCK 72.33 feet to the land now or formerly of DeJesus; RUNNING THENCE South 84° 11' 40" west along said last mentioned land, 170.56 feet to the easterly line of. Sixth Stroot; LOT RUNNING THENCE North 7° 18' 40" east, along the easterly .-•�.�.,...,. side of Sixth Street, 72.33 feet to the point or place of Ud �D� .. BEGINNING . 20 1x)8 _ FEB F 6 198a j '; -,r:. ' i (h -K 4'77�, PC5�5 � PARCEL I herein described being the same premises heretofore previously conveyed by WALTER H. BURDEN, JR., HENRY W. BURDEN, WALTER H. BURDEN, III and HOWARD W. BURDEN as equal tenants in common by deed dated May 4, 1984, recorded on May 11, 1984 in Liber 9561 Page 469, PARCEL II herein described being the same premises conveyed by EAST END SUPPLY CO., INC. by deed dated ,Tune 15, 1988, recorded June 29, 1988 in Liber 10634 Page 549 /�"/J` �l��cJb�f/,i�•�� ��G�j` o'�,��,G/ ,�if'.8,�= lv�rr/ �� �,vr�lo�/ �G,v,/�,�' /,v' �✓�/r/.�� d� /',;.'� r,� s; u+cc �,�sL .�c",� � Errs' P771 fte6 0 TOGETHER with all right, title and interest, if any, of the party of the first part in acrd to any streets and roads abutting the above described premises to the center cines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of rhA first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or suooessors and assigns of tate party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or eullered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sen*w of this indenture ao rquirea• IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above writuen. IN PRESENCE OF: 18 CRrwin SLre Corp. By: 1'J 1 1 1 i u tJ J 1 STATE OS NEW YORK, COUNTY ss: personally cameday of Iy r before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged ghat executed the same. STATE OF NEW YORK, COUNTY OF ::�114%64,cpp so: On the if 0 day of .�%av,E�.�re 19 J/ a ]xi01'C Stu personally came �t j� �/ �,,1r f; to the known, who, bein�gg by me duly sworn dtid depose and say,,that he resides at Nr►. .,9„� that toi the of / CDZV1Al the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; thAt the seal affixed to DOW instrument is such corporate seal; that i -t was so affixed by order of the board of directors of said corpora. tion, and that he signed h 0 name thereto by like order. �14W4 j� F/� E: Now lVarpitt Rtta 011ie ;oeeb WITH JC VENANT ANTLEM GAIN 7 Cr}'NT911's AGT9 =1100 No. f ' .r�.. �..1�J"�r'i IS CORWIN STREET CORP. JAMES R. LEWIS, JR.and ALICE LEWIS, his wife, STATE OF NEARK, COUNTY OF go. On the day of 19 , before me perwrially came to me known to be the individual described frn and who executed the foregoing instrument, 9nd neknowledgod ghat executed the same. STATE OF NEW YORK, COUNTY Op sit On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows H to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and sear execute the same; and that he, Said witness, at the same time subscribed h name as witness thereto. Parcel I Parcel II SECTION 04800 00600 BLOCK 0200 0500 LOT 44001 9000 COUNTY OR TOWN Town of Southold County of Suffolk RETURN BY MAIL TO: Recoraty By Title USA Insurance Gmporyhon of Nab York 127 W "A Street. Riverhead, Now York 11901 Return to. Roc -2 4 Y �y .Q b 0 v m 10 r v 4 68, Nd sz � �+ un H q M V M UJ `ii SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES DIVISION OF ENVIRONMENTAL HEALTH SERVICES BUREAU OF ENVIRONMENTAL POLLUTION CONTROL NOTICE OF VIOLATION Issued to (Company) a (address) a `p I- 'V';4 S74" I c e •✓ /moor �/ , delivered to Z,9r t / ✓ k o e / ' b�-- On (date, time) (fore) TAKE NOTICE THAT, on Ta "' 't- ° / i� at d % " in th er noon, at the location of f t ^' �- -vo you were found to be in violation of Article Section ��� of the Suffolk County Sanitary Code in that: 72�iS `'?camf% /1 sj'ol�.vy /jlo t c iii c ^i d .f d c%'ol �•/ cr/y cy J- O F ,9 iQ/•.� f s O,/ t So �✓ c -✓ r J ivit�i o f Avol TAKE FURTHER NOTICE THAT, pursuant to Article 3 of the New York State Public Health Law, Article 2 of the Suffolk County Sanitary Code provides that any non-compliance or non-conformance with any provision of the Suffolk County Sanitary Code shall constitute a violation, punishable on conviction by a fine not exceeding $250 or by imprisonment for not exceeding 15 days or by both. TAKE FURTHER NOTICE THAT, Article 2 of the Suffolk County Sanitary Code provides that any person violating its terms or a lawful order or regulation made thereunder, shall be subject to a civil penalty of not more than $500 per violation for each day such violation continues. Issued by -2:— U oto _r PATRICK HALPIN DAVID HARRIS, M.D., M.P.H. COUNTY EXECUTIVE COMMISSIONER SUFFOLK COUNTY DEPARTMENT OF '11;:"x• HEALTH SERVICES 18.116: vtePII COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES August 3, 1992 East End Marine Supply 230 Corwin Street Greenport, New York 11944 Re: Order on Consent No.RR-92-0014 Gentlemen: MARY E. HIBBERD, M.D., M.P.H. COMMISSIONER CERTIFIED MAIL R.R.R. I have been forwarded a request to initiate a legal proceeding charging your firm with failure to apply for a permit to con- struct your toxic or hazardous liquid storage facility. In this regard I am enclosing Order on Consent #RR -92-0014 to satisfac- torily close this matter. If this is acceptable, please have it executed by a corporate officer or principal, as appropriate. The original copy of this Order on Consent, signed and notarized, with a check in the amount of five hundred dollars ($500.00), must be returned to my attention by September 18, 1992. If it has not been received by the above -referenced date, i.t will be deemed to have been rejected, and the Department will then in- stitute formal hearing proceedings to resolve any violation of law alleged. I have also enclosed Article 12 registration information and forms which are to be submitted as per the Specific Terms and Conditions of the Order on Consent. If you have any questions regarding this proposed Order on Consent, please do not hesitate to contact me at 516-854-2546. Very truly yours, Walter T. Petrule Environmental Enforcement Attachment (516) 854.25 15 HORSEBLOCK PLACE ■ FARMINGVILLE. NEW YORK 1 1 738-1 220 ■ FAX #854-2505 • COUNTY OF SUFFOLK* PATRICK Q HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES DAVID HARRIS. M.D.. M.P.H. COMMaSIONaR SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES ARTICLE 12 COMPLIANCE A representative of this Department has conducted an inspection of your facility for storage of toxic/hazardous materials ds per Article 12 of the Suffolk County Sanitary Code. The dccolllpanyiny inspection report lists the tanks and/or portable containers present at your facility storing toxic/hazardous materials. As per Article 12, these tanks and/or portable containers must bu registered and stored within proper con tairunent areas. This inspection indicates that your facility does not comply with the requirements Of Article 12 for any or all the following reasons: 1. Tanks and/or portable container storage areas are not registered. Attached is a- registration form, ftp schedule, and instructions. Completed rgistration forms, plot plans, and proper fee must be submitted to this Department within 14 days. /7 2. Indoor tank area does not have proper spill containment. Proposed plans and the accompanying permit application for the required contairullent structure must be submitted to this Department within 30 days. Plan approval d1W the permit to construct must be issued by this Ut:pv r. tur(:,rl t hr Lor t() any cunstruct.ion. Cul��t:ry iou:; 2;11 i 11 l'')Ill.,l iluuL!nL utjual to 110'6 of the total tank voluale is required. Refer to the accompanying indoor tank storage standards for compliance details and design requirements. /7 3. Portable container storage area does not have proper spill containment. Proposed plans and the accompanying permit application for the required containment structure must be submitted to this Department within 30 days. Plan approval and the permit to construct must be issued by this Department prior to any construction. [Impervious spill Containment t�dual to 301 of tilts total rl:nt.fin/:r vlllunur i; Itutu,c to t11u ,Ict:I�ull�anyiny (H,)I Lahr: I_I,nL�inur sLurayl. SLandards sur cumpliancta details arid desiyrt requirements. (? Facilities storing less than 250 gallons indoors, in portable containt:rs, are eximilpt from t1le t:uiltdiiinl0►►t structure requirements. If it is your intention to reduce and maintain your portable container volume below 250 19 "C"W■LOCK PLACK ■ /ARM 4VAj. . N[M YORK 11775 ■ Isles 4*1.4&27 DEPARTMENT OF HEALTH SERVICES COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DAVID HARRIS. M.D.. M.P.H. COMMISSIONER INSTRUCTIONS FOR TOXIC/HAZARDOUS MATERIALS STORAGE REGISTRATION Registration is required for: 1. Chemical Tanks - For each process tank, mixing vat, or holding tank with an individual nominal volume in excess of 80 gallons or a combination of smaller tanks with a combined nominal volume in excess of 250 gallons that contain toxic or hazardous materials. This includes both raw and waste materials. 2. Petroleum Storage Tanks -All petroleum storage including fuel oil, gasoline, kerosene, diesel, waste oil, and lubricating oil tanks. The only exception is for fuel oil, kerosene, and diesel tanks with an individual or combined volume of less than 1100 gallons used for on-site heating or intermittent power production which are not located within geographic areas regulated by Article 7 of the Suffolk County Sanitary Code. 3. Compartmented Tanks - Each compartment of a compartmented tank must be registered as an individual tank. 4. Abandoned Tanks - All abandoned and out of service tanks. 5. Temporarily Out -Of -Service -All tanks which meet the temporarily out -of -service criteria set forth in Article 12 must be registered as "in use". 6. Portable Container/Drum Storage Areas - Each indoor storage area designed to hold five or more 5 gallon drums or the equivalent. Each outdoor storage area of any size. Drums and portable containers must be stored indoors unless prevented by pertinent fire or insurance regulations. 7. Exceptions - Tanks containing pressurized gasses such as chlorine, propane, hydrogen, nitrogen need not be registered. 111-273:11/890b 15 HORSEOLOCK PLACE ■ FARMINGVILLIL NEIN YORK 11736 111 IBIS) 481-4627 i DEPARTMENT OF HEALTH SERVICES COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DAVID HARRIS. M.D.. M.P.H. COMMISSIONER INSTRUCTIONS FOR TOXIC/HAZARDOUS MATERIALS STORAGE REGISTRATION Registration is required for: 1. Chemical Tanks - For each process tank, mixing vat, or holding tank with an individual nominal volume in excess of 80 gallons or a combination of smaller tanks with a combined nominal volume in excess of 250 gallons that contain toxic or hazardous materials. This includes both raw and waste materials. 2. Petroleum Storage Tanks -All petroleum storage including fuel oil, gasoline, kerosene, diesel, waste oil, and lubricating oil tanks. The only exception is for fuel oil, kerosene, and diesel tanks with an individual or combined volume of less than 1100 gallons used for on-site heating or intermittent power production which are not located within geographic areas regulated by Article 7 of the Suffolk County Sanitary Code. 3. Compartmented Tanks - Each compartment of a compartmented tank must be registered as an individual tank. 4. Abandoned Tanks - All abandoned and out of service tanks. 5. Temporarily Out -Of -Service -All tanks which meet the temporarily out -of -service criteria set forth in Article 12 must be registered as "in use". 6. Portable Container/Drum Storage Areas - Each indoor storage area designed to hold five or more 5 gallon drums or the equivalent. Each outdoor storage area of any size. Drums and portable containers must be stored indoors unless prevented by pertinent fire or insurance regulations. 7. Exceptions - Tanks containing pressurized gasses such as chlorine, propane, hydrogen, nitrogen need not be registered. 111-273:11/890b 15 HORSEOLOCK PLACE ■ FARMINGVILLIL NEIN YORK 11736 111 IBIS) 481-4627 DEPARTMENT OF HEALTH SERVICFS COUNTY OF SUFFOLO PATRIcx M HALPIN SUFFO-K COUNTY EXECUTIVE DAVID HARMS. M.D.. M.P.H. COMMIi310MCIR Aug. 18, 1981 Revised 10/87 _FOR THE ADMINISTRATION OF ARTICLE 12 OF THE SUFFOLK -COUNTY SANITARY CODE I. INTRODUCTION In accordance with Section 1215 of Article 12 of the Suffollc County Sanitary Code, storage areas for portable containers of toxic or hazardous materials must conform to standards approved by the Commissioner of the Suffolk Count;• Department of Health Services. "Toxic or Hazardous Materials", when used in these standards, means any substance, solution or mixture, as defined in Section 1203 of Article 12. A permit to construct issued by the Bureau of Hazardous Materials must be obtained prior to the installation or modification of any facility for the storage of hazardous or toxic materials. No person shall use or cause to be used any facility for the storage of hazardous or taxic materials until a permit to operate'issued by the Department has been obtained. During and after construction, the facility must be inspected by a representative of the Suffolk County Department of Health Services to ascertain conformity with these standards. Thi. applicant must not.if� the Department 48 hours prior to the commencement of aAproved construction. Inspection will normally be made within 48 hours of notice,. provided a permit t.o construct has been issued by the Department. All drums or other portable containers used for the storage or handling of toxic or hazardous materials, whether indoors or o�,tdoors, shall be stored in a way that will prevent the release Of any of the nontents of the containers to the ground or surface waters. II. APPLICATION PROCEDURE FOR APPROVAL TO CONSTRUCT WRITTEN APPROVAL OF PLANS AND A PERMIT TO CONSTRUCT ISSUED BY THE BUREAU OF HAZARDOUS MATERIALS ARE REQUIRED BEFORE THE START OF A STORAGE FACILITY CONSTRt:CTION. Ia WOnsEKOCK PACs ■ FARMINIGVIk[. Ntw r4001K 11734 ■ TOWN OF SOUTHOLD PROPERTY RECORD CARD 'OWNER STREET =..r VILLAGE DIST. SUB.' LOT FORMER OWNER N6, v E ACR. tZ�,-,- l al St. Core S ` ,-� W Q /� TYPE OF BUILDING Cr7 RES. SEAS. VL. FARM CO 4v. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS r R: T ) O -C) -5 0 o IIIA/7 0 oda SrjOC) 63002(p, 9Pa Jr U /iI ! i ✓ 'f. D �� arc �i`� GfL AGE BUILDING CONDITION r NEW NORMAL BELOW ABOVE FARM Acre Value Per Acre Value L.eyt7r S . - -ru <,-eP S Tillable 1 "w Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Cc, 43- ' 0 U Brushland FRONTAGE ON ROAD L, a 6 ovl ���11 ,- , r ,, 13 5 i i az , House Plot DEPTH a.., .4-0 BULKHEAD LiLJ Total DOCK �`�.. t sw , Ail v' ®- TOWN � OF SOUTHOLD —PROPERTY ` RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT lames R :Le, fir. et Q ! i„fr: ,,;!° , � 2-L�r. a, ; i� /C 2) i's C. FORMER OWN EPT rnes/�Re NkdeO LefK 1�, L..-1, 1� .1 N r p I.�: r, / i;� '1 E - �C� A --CR. vi•. 5 ^T L37 -3 e-_ o i a _ : -EC(S.T )<r tl �_O. S W TYPE OF BUILDING RES. SEAS. VL. FARM COMM. C.B. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS f D 3 6 6 -0 e- u, ;) G. 7V �•- f 3A 44 -4 `� I r� - V*�• 1_ ;- : yes -3 56O .B Dl -. CON~✓ 1/-L10l) J`�9T g �'/1 Sf �,2ro �� t,.,Fe��r' IZ `ao % NEW NORMAL BELOW ABOVEr - L 2.!4 -,LeW s 4n S.' LPvvr si 'fru 5 fPe J1QZ rnt N. C FARM Acre Value Per Acre Value I -L 117-& to N-Le-wi s_ -b A. Le- KAs,±cU-,IeP 6t)Y6Im Tillable 1 Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plot DEPTH%,i... BULKHEAD Total . DOCK r' �`1 .•- i�► Awls PROPERTY RECORD Ce RIM OWNER STREET VILLAGE DISTRICT. I SUB. LOT U ` FORMER OWNER 1 o Lam• 2c�t ✓N , �� . � ,.,,� E Y" ,� (�, .,�� �': �. ��. ACREAGE , Q.7_ �U L�LI.tC= S W TYPE OF BUILDING' RES. co) Ih SEAS. VL. FARM COMM. IND. I CB. I MISC. I "` LAND IMP. TOTAL DATE REMARKS -,� , > , _ "� ` \ " Z7 vv , . ►� L� ,1.. i..'��aaS' AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre Value Tillable 1 Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot Tote I �J S. 1. Bldg. /3 j 6 Foundation G o we-- Bath 2 xtension xtension xtension � �,.Z L , Basement Ext. Walls Fire Place AR As.B Me Floors . Interior Finish Heat f��P 7� ' Porch Attic Porch Rooms 1st Floor Patio Rooms 2nd Floor reezeway ;a rage Driveway �. B. 1 V VV M VF 5OUTHOLD PROPERTY RECORD CARD I141 -- / � OWNER STREET VILLAGE DISTRICT SUB. LO F-4,7- Ef misc. LAND IMP. TOTAL FORMER OWNER N E ACREAGE 0yj t -f 6/1 W lit P TYPE OF BUILDING /000 /p/ z tG Loazaxm7!a- RES. 0 SEAS. VL. FARM comm. IND. I CB. misc. LAND IMP. TOTAL DATE REMARKS GOND 7-,,6 ?V 0 0 6/1 /000 z tG Loazaxm7!a- I c-, c; .1 I - --- - . . I 11 -1 11 If z - I AGE NEW Form Tillable I 9. Tillable 2 Tillable 3 Wcodland Swampland Brushland House Plot Tctal BUILDING CONDITION NORMAL BELOW ABOVE Acre Value Per Acre Value Is 0 t i Foundation IC Bath 0Z M. Bldg. Extension Basement Ext. Walls —P� PRRi Floors /-/e S�/ Interior Finish f��s��� Extension Extension Fire Place /YD Heat Porch Attic Porch Rooms 1 st Floor Breezeway Patio __;_. Rooms 2nd Floor -------_--_�___— -- Garage Driveway rPROPERTY RECORD _ -CARD . OWNER STREET VILLAGE DIST. SUB. LOT Vol oyt FORMER OWNER N� V1 t I E ( rra • , A ACR. S i W CODE DATE OF CONSTRUCTI LAND IMP. TOTAL DATE REMARKS i 11--l-C17', J -�- -ar �Ll4nol Gl,ALL% Li, 14 Tillable FRONTAGE ON WATER' Woodland FRONTAGE ON ROAD ' Meadowland DEPTH ' House Plot BULKHEAD Total 0 _ % APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 • N 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 TUESDAY, FEBRUARY 23, 1993 commencing at the times specified below: 1: 7:32 p.m. Appl. No. 4148 - Application of CHRISTOPHER AND HEIDEMARIE GRATTAN for a Variance to the Zoning Ordinance, Article III -A, Section 100-30A.3 for permission to construct deck addition to existing dwelling with a reduced (southerly front yard) setback from a private right-of-way which intersects with Horton's Lane. The subject premises is a corner lot as defined by Section 100-13 of the Zoning Code and contains a total lot area of 51,603 sq. ft. in this R-40 Residential Zone District. This parcel is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 54, Block 7, Lot 18.8 (previously part of 18.5 and 18) and is shown on the Minor Subdivision Map of Louis Ramunni approved May 30, 1973. Property Location: 6305 Horton's Lane, Southold, NY. Page 2 - Notice • Hearings • Southold Town Board of Appeals Regular Meeting of February 23, 1993 2. 7:35 p.m. Appl. No. 4149 - Application of MARTIN BUSSANICH requesting a Special Exception for an Accessory Apartment in an.existing principal dwelling structure all in accordance with the provisions of Article IIIA, Section 100-30A.2(B-1) and Section 100-31(B-14). The subject premises is located in the R-40 Residential Zone District and is improved with a single-family dwelling constructed prior to January 1, 1984. Property Location: 430 Grigonis Path, Southold, NY; County Tax Map District 1000, Section 70, Block 3, Lot 8; also identified as Lot #8 on the Map of Harvest Homes Estates, Section I. 3. 7:40 p.m. Appl. No. 4150 - Application of ROBERT AND ANNA FINORA for Variances to the Zoning Ordinance, Article IIIA, Section 100-30A.3 (Bulk and Area Schedule) for permission to locate: {1} proposed addition at the west side of existing dwelling with a reduction in the side yard; {2} proposed addition at the east side of existing dwelling with a reduction in the front yard. This property is a corner lot as defined by Section 100-13, is nonconforming as to total lot area, lot width, and principal setbacks in this R-40 Zone District. Property Location: 795 East Legion Avenue and bounded on the east by Riley Avenue, Mattituck, NY; County Tax Map District 1000, Section 122, Block 3, Lot 32; also shown on the Subdivision Map of Harry DePetris as Lot #14. Page 3 - Notice clearings • Southold Town Board of Appeals Regular Meeting.of February 23, 1993 4. 7:45 p.m. Appl. No. 4153 - Application of MR. AND MRS. CHARLES A. BURST for a Variance to the Zoning Ordinance, Article IIIA, Section 100-30A and Section 100-33 for permission to locate an accessory garage building in the front yard area with a reduced side yard setback. Location of Property: 705 Windy Point Road (private road #12), Southold, NY; County Tax Map District 1000, Section 87, Block 4, Lot 6. This parcel is preexisting with nonconformities as to total lot area, lot width and principal setbacks in this R-40 Zone District. 5. 7:50 p.m. Appl. No. 4155 - Application of MARY P. FURLONG and others for a Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of a porch addition with an insufficient rearyard (as built in 1966). Property Location: 1745 Nakomis Road at Laughing Waters, Southold, NY; County Tax Map District 1000, Section 78, Block 3, Lot 35. This parcel is preexisting with nonconformities as to total lot area in this R-40 Zone District. 6. 7:53 p.m. Appl. No. 4154 - JAMES R. LEWIS (for EAST END MARINE SUPPLY INC., Tenant). Variance to the Zoning Ordinance, Article XIV, Section 100-142 for permission to locate a new warehouse building for commercial storage in this Light Industrial (LI) Zone District with lot coverage in excess of thirty (300) percent of the total lot area. Subject premises consists of combined County Tax Map Lot Nos. 1 and 44.1 (previously referred to as Numbers 2 and 3 and abandoned Page 4 - Notice ! Hearings • Southold Town Board of Appeals Regular Meeting.of February 23, 1993 sections of 8th St. and 7th St.), for a total lot area 67,124 square feet. .Street Address:645 Ninth Street, and Corwin Street, Greenport, Town of Southold, NY. County Tax Map District 1000, Section 48, Block 2, Lot Nos. 1 and 44.1 (All to be combined as a single lot for purposes of zoning). 7. 8:05 p.m. Appl. No. 4151 - Application of EDWARD F. RODENBACH, as Trustee, requesting a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate a proposed new dwelling within a building envelope area having a reduced rear yard setback at not less than 20 feet and conforming side yards and front yard setbacks, after removal of the two existing cottage structures. This parcel is the subject of an application, simultaneously held this evening, for an exchange of property with the northerly lot, to increase the lot area of this parcel from 20,452+- sq. ft. to 28,957+- sq. ft. Property Location: North Side of Avenue B, Fishers Island, Town of Southold, NY; County Tax Map District 1000, Section 6, Block 2, Lot 6 and part of 5. 8. 8:10 p.m. Appl. No. 4145 - (Continued from 1/14/93). Application of JOHN S. McGEENEY and EDWARD F. RODENBACH as Trustee, for a Variance under Article III, Section 100-32 to reduce lot area of combined Lot Nos. 5 and 13 (owned by .McGeeney) for an exchange of property with Lot 6 (owned by Rodenbach, Trustee) in this pending lot -line request. The northerly parcel will consist of a total combined area of Nos. 5 Page 5 - Notice Akearings Southold Town Board of Appeals Regular Meeting of February 23, 1993 and 13 of 61,817 (4356+- sq. ft. and 57,461+-) square feet. The southerly parcel will consist of a total lot area of 28,957+ - square feet. Location of Property: Avenue B and Crescent Avenue, Fishers Island; County Tax Map Parcel ID Numbers 1000-6-2-5, 6 and 13. Combined Lot Numbers 6 and 13 as exists is substandard, and Lot #5 is substandard. Both lots are located in the R-80 Residential Zone District. The Board of. Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to request more information, please call 76.5-1809 or visit our office. Dated: February 9, 1993. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski x TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET-" VILLAGE DIST. SUB. LOT FORMER OW ER N r� EACR. C 3 I fi'O C> 7-7—Z— S _� W TYPE OF BUILDING RES. SEAS. VL. ,3// FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS _J 66 �51 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Acre Value Tillable 1 Tillable 2 Tillable 3 Woodland L_4 / Swampland FRONTAGE ON WATER rT4l, Brushland FRONTAGE ON ROAD " o �--:�:..a� D / —( ! ., 3. l .� �,• House Plot DEPTH BULKHEAD ` �r Total DOCK M. Bldg. COLOR TRIM Foundation Bath Dinette Extension _ Basement Floors K. Extension Ext. Walls Interior Finish LR. Fire Place Heat DR. Extension Type Roof Rooms 1st Floor BR. Porch Recreation Room Rooms 2nd Floor FIN. B. Porch Dormer _ Driveway Breezeway Garage -— Patio O. B. Total . TOWN OF Som.. V 'r - TOWN Y 0 (--) C) - 4,� - - - 44 - OWNER 4 OWNER STREET VILLAGE DIST. SUB. LOT �4 444 FORMER OWNER N E J ACR. S W it CODE DATE OF CONSTRUCTION LAND IMP. TOTAL DATE REMARKS P V fo Y- It -14- r Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD Total Ar'i� G 8 SUBTITLE S HOUSING AND COMMUNITY RENEWAL 3 770.2 'r PART 770 PREVENTION OF EXTERIOR FIRE SPREAD (Statutory authority: Executive Law, H 376, 377) Sec. 770.1 General requirements Sec. 770.4 Parapet walls 770.2 Distance separations 770.3 Protection of openings in 770.8 Party walls exterior walls 770.7 Eaves, cornices and exterior trim 770.8 Combustible facing on noncombustible 770.4 Root coverings exterior walls Historical Note Part (¢; 770.1.770.8) filed Dec. 13, 1983 eff. Jan. 1, 1984. Section 770.1 General requirements. (a) In order to retard the spread of fire, buildings and accessory structures shall be located and constructed so that the distance between buildings and the fire resistance of exterior walls and of roof coverings are commensurate with the fire hazard involved. (b) The minimum fire -resistance ratings of the exterior walls of buildings and acces- sory structures shall be those set forth in table III -704 of this code. Historical Note Sec. filed Dec. 13.1983; amd. filed Oct. 25, 1988 eff. Nov. 1b, 1986. Amended (b). 770.2 Distance separations. (a) How measured. Distance separations shall be the 4r_ clear distance measured between the exterior walls of two buildings on the same prem- - ises, or from an exterior wall of a building to an interior lot line. (b) When required. (1) Distance separations set forth in table I-770 shall be re- quired, except as provided in paragraphs (4) through (8) of this subdivision. (2) Exterior walls or portions thereof may encroach upon the distance separation required by a type of construction, provided those portions of such walls which en- croach are built of the higher type of construction imposed by the lesser distance separation. (3) Where the height, or construction of the exterior walls, or the hazard classifica- tion, of the proposed and existing buildings on the same premises are not the same, the applicable distance separation shall be that set forth for the higher building, or for the building having exterior walls with the lower fire -resistance rating, or for the building of the higher hazard classification, whichever is the greatest distance. (4) The minimum distance separation for an open side of an open parking structure shall be 10 feet. (6) The minimum distance separation for buildings used for the processing or storage of explosive l be based on the nature and quantity of the material in accordancewith generally accepted standards, feet. but shall be not less than 30 (6) The minimum distance separation for buildings or structures without enclosing walls, for high hazard occupancy or use, shall be 100 feet; except that when such buildings or structures are provided with fire control or extinguishing systems, the distance may be reduced to 60 feet. If the walls of an exposed structure have a fire - resistance rating of at least four hours, no distance separation shall be required but such structure shall not adjoin the open structure on more than two sides. L--= 599 EX 11-30.86 I M TABLE I-770 MINIMUM DISTANCE SEPARATIONS' In feet ' Buildings of group C5 and C8 occupancies shall be considered as low hazard for determbiing distance separation. For noncombustible walls with combustible exterior facing see section 770.8. 1 .w Noncombustible walls with= Combustible walls fire -resistance ratings of— with noncombustible Combus- exterior facings tible walls Less than Less than giving protection with 4 hours 2 hours of— combus- Height At but at but at tible — In least least least Less than At least Less than exterior Hazard classification stories 4 hours 2 hours 'Ia hour 3/4 hour sa hour hour facings WITHIN FIRE LIMITS Low............................................... 1 0 0 5 5 np np np 2 0 0 5 10 np np np 3 or more 0 0 5 10 np np np Moderate ....................................... 1 0 5 5 10 np np np 2 0 5 10 15 np np np 3 or more 0 5 10 np np np np High .............................................. 1 0 5 15 15 np np np 2 0 10 np np np np np 3 or more 0 10 np np np np np OUTSIDE THE FIRE LIMITS Low ............................................... 1 0 0 5 5 5 10 15 2 0 0 5 5 5 15 20 3ormore 0 0 5 10 np np np Moderate ....................................... 1 0 0 5 10 10 15 50 2 0 0 5 10 10 20 50 3 or more 0 0 10 np np np np High .............................................. 1 0 5 15 20 30 50 100 2 0 10 20 30 np np np 3 or more 0 "16 np np np np np ' Buildings of group C5 and C8 occupancies shall be considered as low hazard for determbiing distance separation. For noncombustible walls with combustible exterior facing see section 770.8. 1 .w APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809. Lei) • BOARD OF APPEALS TOWN OF SOUTHOLD PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD February 23, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 (7:30 p.m. Hearing) P r e s e n t HON. GERARD P. GOEHRINGER, Chairman JAMES DINIZIO, JR. SERGE DOYEN ROBERT A. VILLA RICHARD C. WILTON HARVEY ARNOFF, ESQ., Town Attorney LINDA KOWALSKI, Secretary -Clerk to Board Board of Appeals Hearings 24 February 23, 1993 APPLICATION NO. 4154 of JAMES R. LEWIS (for EAST END MARINE SUPPLY INC., Tenant). Variance to the Zoning Ordinance, Article XIV, Section 100-142 for permission to locate a new warehouse building for commercial storage in this Light Industrial (LI) Zone District with lot coverage in excess of thirty (30%) percent of the total lot area. Subject premises consists of combined County Tax Map Lot Nos. 1 and 44.1 (Previously referred to as Numbers 2 and 3 and abandoned sections of 8th St. and 7th St.), for a total lot area 67,124 square feet. Street Address: 645 Ninth Street, and Corwin Street, Greenport, Town of Southold, NY. County Tax Map District 1000, Section 48, Block 2, Lot Nos. 1 and 44.1 (All to be combined as a single lot for purposes of zoning). 8:04 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: I have copy of a site plan brought by Garrett Strang, dated February 4, 1993, indicating that the applicant wishes to propose a one-story storage building on the corner of Ninth Street and Corwin Street, approximately 20 feet from both lot lines, and a building of approximately 40 by 60. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Strang, would you like to be heard? Appearance: Garrett Strang, RA, for applicant. Board of Appeals Hearings 25 February 23, 1993 MR. STRANG: I think the application as presented spells out as clearly as we could not only our intent but the requirement that brought us here, that being the fact that the Suffolk Department of Health Services in their ongoing program to deal with items that they believe to be of concern has mandated that East End Marine Supply provide the containment facility for their paints and similar products that they warehouse, and that this particular facility meet certain standards and requirements for containment in the event of a spill, and also the fact that it be a can facility that is properly constructed to avoid any potential fire hazard in the event there had been or would be a fire. THE CHAIRMAN (interposing): Is this a steel building, Mr. Strang? MR. STRANG: No, this will be a masonry building. THE CHAIRMAN: A masonry building. With a wood roof? MR. STRANG: No, it will have a metal roof. This will be a non-combustible structure. It sort of --as you can see from the site plan-- we are limited as to where we can site such facility, and this particular location is really the only area left open to us to provide this facility. There were other avenues investigated and pursued at length and in depth, but they did not meet either the criterion of the County or the criteria of the insurance carrier on the property, and we are basically at our last resort at the moment, that being . Board of Appeals Hearings 26 February 23, 1993 constructing a new building on the site for this particular purpose --sort of a Catch 22-- because if we don't provide the containment facility, we have to cease operations, so we are locked into this at this point in time and are asking for consideration of our application. THE CHAIRMAN: To what degree is the building going to contain a containment facility? Is it contained as in a passive sense, or will there be any type of vat or anything that we notice in these buildings would be required here? MR. STRANG: Well, basically the way the building will be constructed, is, there will be a curb --or a slab if you will-- of the facility will be depressed in such a fashion that if there were a leak of the product, it would remain within the confines of this curbed area. THE CHAIRMAN: I see. MR. STRANG: And that, the concrete floor would likely be treated so that it would be leak -proof. THE CHAIRMAN: Okay. How high would the curb be above the existing building, or is it just a lip? MR. STRANG: It is basically probably maybe an 8 -inch or 12 -inch in most curbs, because it is going to encompass the entire building perimeter, so the situation --It would take quite a massive leak of material to even start to come anywhere near the rim of the container. It is only about gallon cans on that area map, not large drums. i Board of Appeals Hearings 27 Fe ruary 23, 1993 THE CHAIRMAN: I assume this is everything from bottom paint on boats to any other marine articles that they -- MR. STRANG (interposing): Exactly. Anything that is in a liquid type of form. THE CHAIRMAN: When we originally granted this entire project, I can remember quite vividly that a gentleman by the name of Mr. Irving Price came in and presented this, and I think we were about 12 and a half percent over at that point. What are we in, in actual over the 30 percent --of course we were dealing with a different code at that time-- but what are we now with this? MR. STRANG: Well, I do have in the upper left hand corner of the site plan a calculation. At the present time, without this proposed new facility, the lot coverage is 43.1 percent, which would be 13 percent over the 30; and with this facility we are at 46.6. THE CHAIRMAN: Okay. That wasn't a bad guess then, was it, twelve -and -a -half? MR. STRANG: No. (Laughter.) THE CHAIRMAN: Okay. We will see how this goes here, and see if there is any questions. I don't know. MR. STRANG: Mr. Ruroede is here also if there are any questions. THE CHAIRMAN: Okay. How high is the proposed one-story building? Board of Appeals Hearings 28 Fe ruary 23, 1993 MR. STRANG: I would think at this point we are probably going to be somewhere in the vicinity of 18 or 20 feet. I don't know; that sounds about right, doesn't it? (Apparently addressingc Mr. Bart Ruroede.) MR. STRANG: That is what we were just discussing. THE CHAIRMAN: While Mr. Strang is up here, does anybody have any specific questions? MR. VILLA: It is going to be just strictly for storage, no other use? MR. RUROEDE: Strictly storage. It is unoccupied building, strictly another warehouse type of thing. THE CHAIRMAN: There was a concern that the pallets that are existing out there at this time, placed against the fence, would have to be stored in an area other than the area that they are stored, because we would be concerned also from a fire -safety point of view that ingress and egress to mostly all sides of the building were able to be gotten, okay. And that was a concern, so bear that in mind, that if the Board is so inclined to grant this, that will be embodied within that decision, that it has to remain open. MR. RUROEDE: We do have them and have allocated (Phrase indistinguishable) for separation between the two buildings for adequate maneuverability of fire -fighting personnel, whatever, in the event that there were a situation. THE CHAIRMAN: Okay. Board of Appeals Hearings 29 11ruary 23, 1993 MR. ARNOFF: What internal facilities will this have --light-- is that it? MR. STRANG: Lights and some ventilation. MR. ARNOFF: Water? MR. STRANG: Bart, maybe you can answer these questions a little bit more clearly. MR. BART RUROEDE: Yes, sir. MR. ARNOFF: Will there be a sprinkler system in the building? water? MR. BART RUROEDE: Probably dry chemical. MR. ARNOFF: Would it be fair to say there won't be MR. BART RUROEDE: No. THE CHAIRMAN: So the only utility would be electricity? MR. BART RUROEDE: Which would be explosion -proof. THE CHAIRMAN: Would you just state your name for the record please? BART RUROEDE. THE CHAIRMAN: Thank you, sir. (Murmur among Board.) Heat? MR. RUROEDE: The County hasn't said one way or the other whether they want it heated. We are putting petroleum products in the building, and they don't freeze; but if they do Y Board of Appeals arings 30 Ffruary 23, 1993 want heat, we have a way to do it; and it would be explosion -proof also. MR. ARNOFF: You would be keeping some kind of paints in there, wouldn't you? Paints shouldn't be frozen generally. MR. RUROEDE: Yes, well, you can't freeze paints. Even the new paints they are coming up with, you can't freeeze them. We have had the facility there for eight years, ten years now, and the County came in and looked at it and said we don't like the way you are storing paint. We have been in business since the late forties, and we haven't had a problem; but I called the County today and spoke with them, and I called them: We want to get it done as fast as we can. We want to stay in business and have 27 people working and want to stay working. THE CHAIRMAN: We want you to, too. MR. RUROEDE: Thanks. THE CHAIRMAN: Thank you so much. Is there anybody else who would like to speak in favor of this? (There was no response.) THE CHAIRMAN: Anybody like to speak against it? (There was no response.) THE CHAIRMAN: Okay. I make a motion closing the hearing and reserving decision until later. (Seconded and carried.) v Board of Appeals earings 31 February 23, 1993 THE CHAIRMAN: We will kick it around and hope to have a decision for you --if not tonight then within ten days or so, sir. Thank you. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 TO WHOM IT MAY CONCERN: n 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 February 9, 1993 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 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 Copies of Legal Notice mailed to the following 2/9/93: Mr. and Mrs. Christopher Grattan 6305 Horton Lane Southold, NY 11971 Mr. and Mrs. Charles A. Burst 7 Chatham Place Dix Hills, NY 11746 Mr. and Mrs. Martin Bussanich 430 Grigonis Path Southold, NY 11971 Mr. and Mrs. Robert Finora 205 Seventh Street Laurel, NY 11948 Rudolph H. Bruer, Esq. (for Mary P. Furlong & Ors.) Main Road, P.O. Box 1466 Southold, NY 11971-1466 Mr. Garrett A. Strang, R.A. (for East End Supply Co./Lewis) Main Road, P.O. Box 1412 Southold, NY 11971-1412 Stephen L. Ham III, Esq. 45 Hampton Road Southampton, NY 11968 Copies available for Board Members (mailed and/or placed in box for pick-up) 2/9/93); Delivered to official newspaper 2/9/93 12:00 noon. Original Legal Notice posted on TC Bulletin Board 2/9/93. Copies of file to Board Boxes 2/9/93 (Serge Doyen's copies mailed 2/10/93 a.m.) 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 TUES- DAY, FEBRUARY 23, 19931 commencing at the times specified below: 1. 7:32 p.m. Appl. No. 4148 - Application of CHRISTOPHER AND HEIDEMARIE GRA'TTAN for a Variance to the Zoning Ordinance, Article III -A, Sec- tion 100-30A.3 for permission to construct deck addition to existing dwelling with a reduc- ed (southerly front yard) set- back from a private right-of- way which intersects with Horton's Lane. The subject premises is a corner lot as defined by Section 100-13'of I the Zoning Code and contains a total lot area of 51,603 sq.' h]. in this R-40 Residential Zone District. This parcel is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 54, Block 7, Lot 18.8 (previously i part of 18.5 and 18) and is shown on the Minor Subdivi- sion Map of Louis Ramunni approved May 30, 1973. Pro- perty Location: 6305 Horton's Lane, Southold, NY. 2.7:35 p.m. Appl. No. 4149 - Application of MARTIN BUSSANICH requesting a' Special Exception for an Ac- cessory Apartment in an ex- isting principal dwelling struc- ture all in accordance with the provisions of Article IIIA, Section 100.30A.2(B-1) and Section 100-31(B-14). The sub ject premises is located in the R40 Residential Zone District and is improved with a single- family dwelling constructed prior to January 1, 1984. Pro- perty Location: 430 Grigoms Path, Southold, NY; County Tax Map District 1000, Section 70, Block 3, Lot 8; also iden- tified as Lot #8 on the Map of Harvest Homes Estates, Sec- tion I. r 3.7:40 p.m. Appl. No. 4150 - Application of ROBERT AND ANNA FINORA for Variances to the Zoning Or- dinance, Article IIIA, Section 100-30A.3 (Bulk and Area Schedule) for permission to locate: [11 proposed addition 1 at the west side of existing' dwelling with a reduction in the side yard; [21 proposed ad- dition at the east side of ex- isting dwelling with a reduc- tion in the front yard. This i property is a corner lot as defined by Section 100-13, is nonconforming as to total lot area, lot width, and principal setbacks in this R40 Zone District. Property Location: 795 East Legion Avenue and bounded on the east by Riley Avenue, Mattituck, NY, Coun- ty Tax Map District 1000, Sec- tion 122, Block 3, Lot 32; also shown on the Subdivision Map of Harry DePetris as Lot #14. 4.7:45 p.m. Appl. No. 4153. - Application of MR. AND' MRS. CHARLES A. BURST for a Variance to the Zoning , Ordinance, Article IIIA, Seco tion 100-30A and Section 100-33 for permission to locate an accessory garage building in the front yard area with a reduced side yard setback.I Location of Property: 705 Windy Point Road (private i road #12), Southold, NY; County Tax Map District 1000, Section 87, Block 4, Lot 6. This parcel is preexisting with nonconformities as to total lot area, lot width and principal set backs in this R40 Zone District. 5-7:50 p.m. Appl. No. 4155 - Application of MARY P. FURLONG and others for a Variance to the Zoning Or- dinance, Article IIIA, Section 100-30A.3 for approval of a porch addition with an insuf- ficient rear yard (as built in 1966). Property Location: 1745 Nakomis Road at Laughing Waters, Southold, NY; County Tax Map District 1000, Section 78, Block 3, Lot 35. This parcel is preexisting with nonconformities as to total lot area in this R-40 Zone District. i 6.7:35 p.m. Appl. No. 4154 - JAMES R. LEWIS (for EAST END MARINE SUPP- LY INC., Tenant). Variance to the Zoning Ordinance Article XIV, Section 100-142 for per- mission to locate a new warehouse building for com- mercial storage in this Light Industrial (LI) Zone District with lot coverage in excess of thirty (30%) percent of the total lot area. Subject premises j consists of combined County Tax Map Lot Nos. 1 and 44.1 (previously referred to as Numbers 2 and 3 and aban- doned sections of 8th St. and!.i 7th St.), for a total lot area 67,124 square feet. Street Ad- dress: 645 Ninth Street, and Corwin Street, Greenport, Town of Southold, NY. Coun- ty Tax Map District 1000, Sec- tion 48, Block 2, Lot Nos. 1 and 44.1 (All to be combined as a single lot for purposes of zoning). 7. 8:05 p.m. Appl. No. 4151 - Application of EDWARD F. RODENBACH, as Trustee, re- questing a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate a proposed new dwelling within, a building envelope area having a reduc- ed rear yard setback at not less than 20 feet and conforming side yards and front yard set- backs, after removal of the two existing cottage structures. This parcel is the subject of an application, simultaneously held this. evening, for an ex- change of property with the northerly lot, to increase the lot area of this parcel from 20,452+- sq. ft. to 28,957+ - sq. ft. Property Location: North Side of Avenue B, Fishers Island, Town of Southold, NY, County Tax Map District 1000, Section 6, Block 2, Lot 6 and part of 5. 8. 8:10 p.m. Appl. No. 4145 - (Continued from 1/14/93). Application of JOHN S. McGEENEY and EDWARD, F. RODENBACH, as Trustee, for a Variance under Article III, Section 100-32 to reduce lot area of combined Lot Nos. 5 and 13 (owned by McGeeney) for an exchange of property with Lot 6 (owned by Rodenbach, Trustee) in this pending lot -line request. The northerly parcel will consist of a total combined area of Nos. 5 and 13 of 61,817 (4356+- sq. ft. and 57,461+-) square feet. The southerly parcel will con- sist of a total lot area of 28,957+- square feet. Loca- tion of Property: Avenue B and Crescent Avenue, Fishers Island; County Tax Map Parcel ID Numbers 1000-6-2-5, 6 and 13. Combin- ed Lot Numbers 6 and 13 as exists is substandard, and Lot #5 is substandard. Both lots are located in the R-80 Residential Zone District. 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 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: February 9, 1993 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski 1X-2/11/93(18) �3v. 0 6 COUNI-Y Of= SUFFOLK ss: S1'A FF OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of -I -I -IE LONG ISLAND TRAVELER -WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed cony, has been ,published in said Long Island 'fraveler•Watchman once each week for ..................... 1..... weeks successively, commencing; on the ........... P........ . day of ....... Sworn to before me this .......... 1 ........ clay of .. Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. 4806346 Qualified in Suffolk County / Commission Expires 9/31 9411 • 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 March 2, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Garrett A. Strang, R.A. P.O. Box 1412 Southold, NY 11971-1412 Re: Appl. No. 4154 - James R. Lewis (for East End Marine) Dear Mr. Strang: With reference to the above application, attached please find a copy of the Board's findings and conditional approval rendered at our February 23, 1993 Regular Meeting.. Please be sure to return to the Building Department and obtain approvals from other agencies as may be deemed necessary pursuant to state, county and town regulations before commencing construction activities. We have furnished copies of this conditional approval to the Building Department, Planning Board, and County Planning Commission to update their records. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Building Department (Attn: Tom Fisher, B.I.) Mr. Richard G. Ward, Chairman, Planning Board Suffolk County Department of Planning 6 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 if 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 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 C nni.ssion:. XX_ Variance from the Zoning Code, Article XIV , Section 100-142 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No: 4154 Applicant: James R. Lewis (for East End Marine Supply, Location of Affected Land: 645 Ninth St. & Corwin St., Greenport, NY County Tax Map Item No.: 1000-48-2-1 and 44.1 Within 500 feet of: XX Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right -of -Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission.to locate a new warehouse building for commercial storage with lot coverage in excess of 30% of the total lot area Copies of Town file and related documents enclosed for your review. Dated: N e,, 1,PX3 Inc WHOLESALE ONLY Phone Number: 516-477-1900 P.O. Box AM 2103 Fax Number. 5�1�6-477-1215 3/3/93 F V Board of Appeals 7bwn of Southold 53095 Main Road Southold, NY 11971-1179 RE: Appl. No. 4154 James R. Lewis (for Fast End Marine) Gentlemen: on behalf of myself and the employees of Fast End Marine'Supply, T would like to thank the Board for considering and granting our application for our new storage building. Yo s truly, Bart e General Manager BR: gc 57" $ew&e Suri ~ 64& 54a Sad 7&A444ve 401 z CORWIN S-rW.E:LrT C.0 j Co. L. Cw 43 VA d0 og rMed r4dr. sjAj!�;09 Mpio *. Lo+ tiwm towrs S440wrl Y*.f4xv, *,a S. Sm*1 covviire ", -Vi le'i -014% coutliti clevic'm off 1.:* a mop t -44t 3%.S. tv 41) 0 V) lu -AO ta MAP -0 ' LO -AND R 5 -1 t i N S- AS a +he: N*y+fK row* V"k, a-rvm as SwvvmAf*d ftiovuloyll aCle44�. 0+ to W. 106" TVIG, i swim r. . v *4..—Or -"l-q 1.cwd Suy nK- O ra:adtr 0 co not py 1 lc3tqd hePec.,v opr$on for Wt)O,, end on his 9010rn-lient�; 'nit Cc coo v, - j Co. L. Cw 43 VA d0 og rMed r4dr. sjAj!�;09 Mpio *. Lo+ tiwm towrs S440wrl Y*.f4xv, *,a S. Sm*1 covviire ", -Vi le'i -014% coutliti clevic'm off 1.:* a mop t -44t 3%.S. tv 41) 0 V) lu -AO ta MAP -0 ' LO -AND R 5 -1 t i N S- AS a +he: N*y+fK row* V"k, a-rvm as SwvvmAf*d ftiovuloyll aCle44�. 0+ to W. 106" TVIG, i swim r. . v *4..—Or -"l-q 1.cwd Suy I N APPEALS ROARD MEMRFRS Southold Town BoardofAppeals MAIN ROAD -STATE ROAD 25 SOUTHOLD. L.I., N.Y. 11971 GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS. JR SERGE DOYEN, JR ROBERT J. DOUGLASS JOSEPH H. SAWICKI M I N U T E S REGULAR MEETING NOVEMBER 18, 1982 TELEPHONE (516) 765-1809 �9 PP L ( C/q -i 161,/ /J A Regular Meeting of the Southold Town Board of Appeals was held on Thursday, November 18, 1982 at 7:30 o'clock p.m. at the Southold Town Hall, Conference Room, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Serge Doyen; Robert J. Douglass and Joseph H. Sawicki. Absent was Charles Grigonis, Jr. Also present were: Mr. Victor Lessard, Exec. Adminis- trator (Building Department); Mrs. Shirley Bachrach, League of Women Voters; Mrs. Lydia Tortora for L.I. Traveler -Watchman; Mr. Henry Lytle, Seniors Club of Southold-Peconic. The Chairman opened the meeting dt 7:30 o'clock p.m. On motion by Mr. Douglass, seconded by Mr. Sawicki, it was ,t RESOLVED, that;the date for the next Regular Meeting of this board is hereby set\for Thursday, December 16, 1982 to be held at the Southold Town Hal, Main Road, Southold, New York. Vote of the Boar4l Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member 6,rigonis was absent.) This resolution was unanimously adopted. PUBLIC HEARING: Appea� No. 3027. Application of AGNES D. McGUNNIGLE, 52A North Road, 'outhold, NY for a Variance to the Zoning Ordinance, Article III, Sectipn 100-30A(1) for permission to create additional living unit within\one-family residence located in an "A" Zone and more particularly idetified as 57185 C.R. 48, Greenport, NY; County Tax Map Parcel No.'�000-44-2-2. The Chairman opened!the hea ing at 7:35 p.m. and read the legal notice of hearing in it entirety,and appeal application. MR CHAIRMAN: I Nave a sketc of a survey of which I don't see a date -- it looks lik� December 8, 1965, indicating the house... Southold Town Board ofoAppeals -12- November 18, 1982 Regular Meetii (Appeal No. 3019- A. Bodenstein, cgh tinued:) MR. ST NG: One-story f7siness d structure. MR. CHAI N: For one b only? MR. STRANG. For one b siness only. That business is, for a matter of record, would e the re air of clocks, watches, and also sales of antiques. MR. CHAIRMAN:Aari you very much. Is there anybody else that would like to be hbehalf of the application? Anybody like to say something agaiapplication? Any questions from any board ' members? (None) no further comments, I'll make a motion closing the hearinserving decision. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to close the he ring and reserve decision in the matter of Appeal No. 3019, application of A. BODENSTEIN and wife. Vote the Board: Ayes: M6 and Sawic (Member Grigonis was unanimou y adopted. srs. Goehringer, Doyen, Douglass absent.) This resolution was PUBLIC HEARING: Appeal No. 3013. Application for EAST END SUPPLY CO., INC. by Irving L. Price, Jr., Esq. as agent, 828 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article VIII, Section 100-81, Bulk Schedule for permission to construct ware- house in this "C -Light Industrial" Zoned District with insufficient front, rear and side yards as shown on building plans accompanying the appeal application. Location of Property: South Side of Corwin Street, Greenport, NY; County Tax Map Parcels No. 1000-48-2-2 and 3. The Chairman opened the hearing at 8:36 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: I have a copy of a survey produced on 12/16/81 indicating the existing warehouse and proposed buildings that are men- tioned in the within application, and we have a copy of the Suffolk County Tax Map showing this property and the surrounding properties. Mr. Price. IRVING L. PRICE, JR., ESQ.: Mr. Chairman, members of the board. First of all I would like to ask your indulgence so that I can repeat a few things that I feel should be repeated. The application for a Building Permit was filed May 26, 1982, five and one-half months ago. I personally filed it and informed the Building Inspector at that time that the buildings occupied more than the allowed area under the bulk area provisions of the Southold Town Ordinance and requested that it be rejected as soon as possible so that an application for a variance as well as a Special Exception could be made. The refusal by the Building Department was dated June 7, 1982, was received June 22, 1982. An application for a variance and a special exception were made on C' r_..- 9 Southold Town Board of Appeals -13- November 18, 1982 Regular Meeting (Appeal No. 3013 - East End Supply Co., Inc., continued:) CMR. IRVING PRICE continued: June 30, 1982 (sic, July 6, 1982). It was referred to the Planning Board on July 12, 1982. There was a hearing of the Planning Board on Septem- ber 20, 1982 and the first letter from the Planning Board asking the Building Department for certification was dated September 28, 1982, and the second letter from the Planning Board refers to a meeting of November 8, 1982 ... the letter was dated November 11, 1982... it was mailed November 17 and was received this morning, November the 18th. The letter from the Planning Board dated November 11th was addressed to me and it says, "...The following action was taken by the Southold TowrL Planning Board Monday, November 8, 1982... RESOLVED, that the Southold Town Planning Board approve the site plan of East End Supply Company located at Greenport, subject to the following conditions: 1. Reduction of the rear yard to be no closer than 15' from property of MTA. 2. Building to be no closer than 20' from west boundary. 3. Building to be no closer than 20' from front yard. 4. Suffolk County Planning Commission's consideration due to overlapping jurisdiction.... The provisions of the ordinance as far as site plan approval by the C Planning Board is under Section 100-131 of the Zoning Ordinance of _ the Town of Southold, and I have to read part of it so that the jest will be before you. "The objections of site plan approval: ...In considering and acting upon site development plans, the Planning Board shall take into consideration the public health, safety and welfare, the com- fort, convenience of the public in general and residents of the im- mediate neighborhood in particular, and may prescribe appropriate conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the follow- ing objectives in particular..., and they are: A. Traffic access. B. Circulation and parking. C. Landscaping and screening...." And no provision for conditions as to compliance with the setbacks and side line distances and average coverage—percentage of coverage of the premises. This is the requirements of the zoning ordinance, these were called to the Building Department's attention at the time of the original building permit was applied for. We have withdrawn the appli- cation for the special exception (sic) because we understand if the variance granted, if granted, is different than applied for, then we would have to commence again with another reference to the Planning Board for site approval as to that variance; so therefore, we've withdrawn-- we're not withdrawn -- we've asked that it be suspended, and then if there's a variance granted, we will apply for a special Southold Town Board 0 Appeals -14-November 18•, 1982 Regular Meeting (Appeal No. 3013 - East End Supply Co., Inc., continued:) MR. PRICE continued: exception. And the special exception is necessary because the proposed use of the premises is a permitted use under the zoning ordinance. The only provisions of the zoning ordinance that are not complied with in the plans as presented is the side line setbacks and the percentage of the premises covered. This proposal, for your information, involves a parcel of land located several hundred feet to the west of the Incorporated Village of Greenport, two blocks south of the Main Road, Route 25, subject to - the jurisdiction of the Town of Southold. The total parcel measures 505:84 feet more or less on Corwin Street to the north, 66.43 feet more or less on the east bounded by land of Jernick, 515 more or less on the south bounded by the land of the MTA, the railroad, which is a 60' right-of-way, 130.66 feet more or less on the west, the premises of Main Street Corporation, and it's improved by a warehouse in which they store awnings and such. All of the title is in the East End Supply Company, Inc. including the extension of 8th Street and one-half, 25 feet of 7th Street, bounded by Corwin Street on the north and the MTA on the south. The entire parcel is zoned "C -Light Industrial".District in which office buildings, wholesale storage, and warehousing are permitted uses with special exception, subject to site plan approval by the Planning Board. A part of the premises presently are improved by the old Mill buildings, was granted a special exception under Appeal #1537 dated May 25, 1972. A one-story storage building measuring 32' by 1561, 5,000 square feet, is located on the easterly portion of the property. The building and portions of the vacant land appurtenant thereto have Always been used commercially since first development to the best of our knowledge. It is the site of a long time grain, coal, and oil distributing plant. The western portion of the property contains four dwelling units, one of which is sealed as a protective measure. Pic- tures of this site will be presented herewith along with a picture of the company's present headquarters and one of its warehouses. Unusual to this parcel are the following: (1) the railroad, MTA, adjoining the entire southerly boundary a 60' right-of-way, and previ- ously existing siding has been removed, (2) the shape and dimension of the property... it's long, narrow and tapered, (3) the vacant par- cel to the east owned by Jernick is presumably held for commercial purposes since it's zoned Light Industri, (4) the existing storage warehouse to the west, that of 125-127 Main Street Corporation, (5) the easterly portion of the property has been used commercial for many years ... coal and grain storage, bulk insulation storage, furniture storage, marine equipment storage.' The residential character of these premises is depressed and undesirable. It is proposed to construct a permanent warehouse and office building of approximately 21,000 square feet on the west portion of this property, eliminating existing buildings. Simultaneously, the existing building on the easterly portion will be exterior modernized conforming with the new, providing a total of approximately 26,000 square feet of -covered space. The remainder of -the land will be devoted to off-street parking, loading areas, screening and landscaping. This facility will be the principal location for East End Supply Company, Inc. and related subsidiaries. Southold Town Board Appeals -15- NovemOr 18, 1982 Regular Meeting (Appeal No. 3013 - East End Supply Co., Inc., continued:) MR. PRICE continued: The nature of those activities is such that exterior advertising and illumination is required for security reasons only. The East End Supply Company, Inc. has been a domestic New York corporation since 1949, established for the purpose of wholesale distribution ... no retail... of marine hardware, equipment, and related products serving commercial customers nationally and overseas with its major market in the north- easterly United States. Principals and employees of which there are presently 26 are all local residents, be in the circumstances from its inception. Consequently, it is a substantial, stable contributed to . the local economy, four locations... all in Greenport, owned by the corporation, comprise the present facility. Any condition placed on requested variance reducing area of buildings would raise serious questions of the economics of the plan. To adhere to the bulk schedule it thus be a pratical difficulty and an unnecessary hardship... you, the Board of Appeals, have the power to vary or modify the application of the provisions of the zoning ordinance, when the spirit is observed, the public safety, welfare is secured, and substantial. justice done, see Section 100-121(B) of the Southold Town Zoning Ordinance. The applicant submits that the filed plan comply with all of the above considerations and ask that the variance be granted as originally requested on June 30, 1982 (sic, July 6, 1982), nearly five months ago. CMr. Burden, president of 'East End Supply Co., Inc. is present and will _ answer any questions that you have as to the plans as submitted. Now, the pictures. This is a picture of one of the houses presently on the premises. A pictur(t of two of the houses on the premises. A picture of some of the structures in back of the houses. Another pic- ture of same. Another picture of one of the houses. A picture of one of the structures in the back. The house that is sealed up. The present headquarters of the corporation on Front Street in the Village of Greenport next to the post office, which when it was erected received an architectural award for that year. Another picture of the same office. And a picture of the so-called old mill that's already in operation on the premises as a warehouse and for which a special exception was granted. And this is a picture of one of their warehouses on 6th Street, and which was so-called old barrel factory, where barrels were manufactured years ago for the shipment of oysters, when Greenport was an oyster ( ) . And to my knowledge, there are no adjoining landowners that have entered any complaints. If they have, they haven't stated it to us. And I have a summary of my long-winded explanation together with the maps. A part of the Southold Town Tax Map...Suffolk County Tax Map which, I think, demonstrates and illustrates the odd shape of the parcel, and its rela- tion to other property in the vicinity. Now, if you have any questions, either Mr. Burden or myself would be glad to answer them. MR. CHAIRMAN: Mr. Price, you mentioned 26 employees presently within the corporation? MR. PRICE: Yes. MR. CHAIRMAN: How many people would be employed at this proposed • Southold Town Board of Appeals -16- November 18, 1982 Regular Meeting (Appeal No. 3013 - East End Supply Co., Inc., continued:) MR. CHAIRMAN continued: site? Let me preface that in saying that, when I met with Mr. Burden... I don't know if it was April, but some time of '82. MR. BURDEN: Oh about then. MR.CHAIRMAN: Somewhere in that general time period. He mentioned that you were going to sell the, I think it's the Front Street site? MR. BURDEN: Well, I don't remember making that statement. We may. consider it after we ( ) , it depends on what we do with the existing property. There would be no particular increase in employment that I can foresee. We seem to do very nicely with the staff we have. MR. CHAIRMAN: So we would assume that if...let me re -phrase the question. We would assume that 26 people would be housed within this site that we're proposing right here? MR. BURDEN: Well, let's break it down a little bit. Of the 26 people, 26 are not there all the time. We employ six outside salesmen who are out every day in' the week. The steady staff within the build- ing would be in the neighborhood of say, 15 to 18, out of the 26. We run trucks every day, drive around in each truck, so forth and so on. The number of people that would be within that building at any one time would be somewhere between 15, 16 and 18: MR. CHAIRMAN: Ok, thank you. MR. BURDEN: Do you want a copy of the Planning Board's letter? MR. CHAIRMAN: We have a copy of the Planning Board letter right in front of us. MR. PRICE: Well, to show compliance with the zoning ordinance as to setbacks and side lines, the shape of the buildings would result -- MR. BURDEN:. Well, this was done very hurriedly because I didn't know anything about the Planning Board's newest letter, until some where around 9:30, but we did take the site plan or the plot plan that you have there, Mr. Goehringer, and we went over it with yellow and then there's red, showing that if we complied or had to comply with the Planning Board's letter of this morning, receipt this morning, meeting what they suggest... 15' setback along the railroad, 20' on the west line, and 20' off Corwin -Street, that the result would be this shape. And as that kind of a building is of no value for ware- housing of the type that we have to do, on top of which we would lose almost 50% of what we had planned in square footage of building. In addition to that, inasmuch as we're working with a steel structure here for the most part, and they are in modular pieces, we could do similar to what was done there, and jig -saw this business and pick up a little square footage that way ... but at that stage of the game, we would be dropping somewhere around 30% of what was planned. If we have to lose 30% of what was planned, then this is uneconomic. The greatest part of the lose of what had been planned, which had a lot of Southold Town Board of Appeals -17- November 18, 1982 Regular Meeti: (Appeal No. 3013 - East End Supply Co., Inc., continued:) CMR. BURDEN continued: thought put into it, is along the MTA line, where the Planning Board looks for 15' of setback, and there is a little loss over here on this side, on the west. When this was done, we gave consideration to every- thing that is listed within the Planning Board's recommendations as to what they would require presumably on a piece of property of this size and shape. I think the one thing that's being overlooked possibly is MTA land that I can't predict what the future is, but as far as we're concerned, we have a 65' rearyard sitting there. I can't picture fences, I can't visualize that the railroad would leave. So if we had to go to this, within the whole proposition, looks as though it would be out the window. We need that 21,000 square feet. MR. CHAIRMAN: Mr. Burden, could you supply us, and we had discussed this in April, without a tremendous amount of work, it doesn't have to be down to the last two feet, I'm saying that facetiously of course, an indication of total building saturation as proposed as we are sitting here looking at it now, and what is left of total, unbuilt land area? MR. BURDEN: Yes. This parcel ... the shape that it is, which is unusual, contains 51,000 square feet, plus or minus very little. We planned with the proposed new building and the continuation of the old building to use 26,000 square feet. By my numbers, that would be something like 49% of the total land area. - MR. CHAIRMAN: That's including the existing structures. MR. BURDEN: Right. If you have 21,000 here, the proposed new building, you've got 5,000 in the old building which would be modern- ized to conform, so you have 26,000 square feet. MR. CHAIRMAN: We were wondering if we could take that map for the record. MR. BURDEN: It's the only one I have...it was done this morning. MR. CHAIRMAN: We'll save it for the record. I would rather not return it to you right away, but we'll return it to you. MR. BURDEN: Well, I'm not too interested in having it returned because I could make another one. There it is. (Mr. Burden submitted a large plan showing the areas left for building when meeting the setback requirements requested of the Planning Board.) MR. BURDEN: Would there be any other questions, Mr. Goehringer? MR. CHAIRMAN: Not right at the moment. We'll see if anybody else would like to say anything and we'll go around a full circle. C ` Ok? Is there anybody else that would like to speak in behalf of the application, sir? Southold Town Board of Appeals -18- November 18, 1982 Regular Meeti (Appeal No. 3013 - East End Supply Co., Inc., continued:) WILLIAM JAMES MILLS: My name is William J. Mills and I'm an officer Cof the corporation 125-127 Main Street Corp. We are located to the west of the applicant's. We as a corporation have no objection to the application. I think that it'll be an improvement to the neighborhood and certainly not be injurious to the neighborhood considering the pictures we have seen. I may point out in light of the letter that has been mentioned tonight from the Planning Board, I cannot be posi- tive, but I believe our building is closer than 15 feet to the MTA line and that may be checked by the board. Thank you. MR. CHAIRMAN: Thank you. Mr. Burden? MR. BURDEN: May I just add one point about this building proposition. We're all familiar with steel buildings, they're modular, and they come in usual 10 -foot variations of width. So we get into a little bit of a bind on that part of this, in that warehousing should be done out of squares if it can be ... never mind long, rectangular buildings. And the more we go from a square to a rectangle, the more difficult this whole thing becomes... coupled with, when we get into this width of building... now we have 100' down there, and the next one down is 90, and 80, and so forth and so on, when you want clear span. So we do have that con- sideration on these front, rear yard setbacks. MR. CHAIRMAN: Thank you. Anybody else like to be heard in behalf of the application? Anybody like to be.heard against the application? (None) Any questions from any board members? MEMBER DOUGLASS: Walt, on here you show your loading and unloading c platform on the new building parallel to the street. MR. BURDEN: One of them. MEMBER DOUGLASS: Yes, this one here. This other one is how many feet --there's no footage on here. Do you know what the footage on the depth is on this one? MR. BURDEN: The length of the driveway or the width of the driveway. MEMBER DOUGLASS: The length, from the road to the platform. MR. BURDEN: Oh, I can tell you, Bob. Well, we've got 26 and more than half of the building, so it's at least 75 to 76 feet. MEMBER DOUGLASS: Right, it starts almost in the middle of it. So, these that you have will keep your trucks off the street the way you have it. Over here, is there anything that you plan to do over on the old section where you are running from 43 feet to the street to down to 24 feet to the street? So that you can do the same thing as you did over here and keep them from hanging out into the street. MR. BURDEN: Well, this building presently has numerous loading or unloading.;.actually there's on the east side of the building right in the middle and a truck could get in there—we use that frequently. And then there are two or three along the front. Now I wouldn't want to say a 0 V Southold Town Board of Appeals -19- November 18, 1982 Regular Meeti: (Appeal No. 3013 - East End Supply Co., Inc., continued:) MR. BURDEN continued: this, but when we modernize that building and make it look the way this one would be, that we would continue with those same entrances and open- ings, but we certainly would be doing it so that it was usable. MEMBER DOUGLASS: Well, I was was trying to say is, over here you can get your tractor trailers in with no problem... no street problem. Over here, you can't—they'll hang out. MR. BURDEN: No, not really. I know you're familiar with trucks. . But many of these trucks are side loading trailer trucks, and the type of material that we presently keep in this building and would continue to keep in that building is of such a nature that it can be side -loaded to the building. And at the same time, I think that, and this is looking ahead, why this door down here, a tractor trailer could get in there and break around. Then there's another loading space that's indicated over on the back end of that building. So actually there are three. MEMBER DOUGLASS: Yes. Thank you. MR. CHAIRMAN: Mr. Burden, what is your time limit for construction, assuming of course that certain variances were granted within the next 60 days. CMR. BURDEN: If it were possible, which it isn't because we have to prepare working grounds naturally, so I would imagine that at this stage of the game we're looking at breaking ground in the Spring. I don't see how it could be done sooner than that, but every hang is predicated upon how we come out with this building. MR. CHAIRMAN: Thank you very much. Any further questions from anyone concerning this? (None) Hearing no further questions, I'll make a motion closing the hearing and reserving decision until a later date. MEMBER DOUGLASS: Second. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to close the hearing and reserve decision in the matter of Appeal No. 3013, application for EAST END SUPPLY CO., INC. Vote of the Board: Ayes:, Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent.) This resolution was unanimously adopted. ZIx� Southold Town Board ®f Appeals. MAIN ROAD -STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, /3 ROBERT J. DOUGLGLASS JOSEPH H. SAWICKI M I N U T E S REGULAR MEETING JANUARY 13, 1983 A Regular Meeting of the Southold Town Board of Appeals was held on Thursday, January 13, 1983 at 7:15 o'clock p.m. at the Southold Town Hall, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Charles Grigonis, Jr.; Serge Doyen, Jr.; Robert J. Douglass and Joseph H. Sawicki. < Also present were: Mr. Victor Lessard, Executive Administrator \ (Building Department); Mrs. Shirley Bachrach, League of Women Voters; Mrs. Ruth Oliva, North Fork Environmental Council. The Chairman called the meeting to. -order at -7.:.15 p.m. ...PUBLIC HEARING: Appeal No, 306 ` Application of MR. AND MRS. EDWARD PRESSLER, by Environment Ea s `Inc. as agent, 3075 .Indian Neck Lane,.Peconic, NY for a`Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to c nstruct residential addition with reductionin frontyard setback, a 110 Grove Drive, Southold, NY; Reydon Shores Filed Map No:,,_631I Lots No. 4 and 5; County Tax Map Parcel.No. 1000-080-04-024.` The, Chairman opened the wring at 7:15 p.m. and read the legal notice of -hearing in its enti ty and application. MR. CHAIRMAN: We have a c'py of a survey dated October 10, 1966 indicating' the present two-stor frame dwelling and one-story frame garage, and we have a copy"of th Suffolk County Tax Map indicating this parcel.and the parcels in th surrounding area. Mr. Stoutenburgh, would -you like to speak? !. PETER STOUTENBURGH:,% Mr. and M4. Pressler are present. 'I MR. CHAIRMAN: Oh certainly. M - MR, PRESSLER: Thfe fact that you . Presser. ve the survey here showing 0 0 Southold Town Board of Appeals -29- January 13, 1983 Regular Meetin, (Appeal No. 3013 - East End Supply Co., Inc.) RESERVED DECISION: Appeal No. 3013. Upon application for EAST END SUPPLY CO., INC., by Irving L. Price, Jr., Esq., as agent, 828 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article VIII, Section 100-81, Bulk Schedule, for permission to construct warehouse in this "C -Light Industrial" Zoned District with insufficient front, rear and side yards as shown on building plans accompanying the appeal application. Location of Property: South Side of Corwin Street, Greenport, NY; County Tax Map Parcels No. 1000-48-2-2 & 3. The public hearing on this application was held on November 18,- 1982. The board made the following findings and determination: The premises in question is located at the northerly side of Corwin Street in Greenport and is more particularly identified on the County Tax Map as District 1000, Section 48, Block 02, Lots 2 and 3. The subject parcel contains an area of approximately 51,000 square feet with approximately 875 feet along Corwin Street, inclusive of a 25' strip from Seventh Street and 50' strip from Eighth Street, which road strips have been abandoned by the town. Existing on the premises are two dwelling structures in disrepair, accessory building, and a 32' by 156' one-story storage building located on the easterly portion. By this appeal, appellant seeks permission to construct a warehouse building with an office of approximately 21,000 square feet first -floor area on the westerly portion of this property, eliminating existing dwelling structures and accessory building thereto. The existing building on the easterly portion will be exterior -modernized and is to remain a one-story structure. The proposed new construction at the westerly portion of the premises will be approximately one-half, two-story, and one-half, one-story construction. In considering this appeal, the board determines that the variance request is not substantial in relation to the requirements of the zoning code; that the circumstances are unique; that by allow- ing the variance no substantial detriment to adjoining properties will be created; that the relief requested will be in harmony with and promote the general purposes of zoning; and the interest of justice will be served by allowing the variance, as indicated below. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3013, application of EAST END SUPPLY CO., INC. for permission to construct warehouse with insufficient front, rear and side yard setbacks in this "C -Light Industrial" Zoned District, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. All construction from the rear property line shall be �' no closer than 13 feet; Southold Town Board of Appeals -30- January 13, 1983 Regular Meetinc (Appeal No. 3013 - East End Supply Co., Inc., continued:) 2. There shall be a minimum of twenty [20] parking stalls on the premises; 3. All loading and unloading must be done on the premises only [with no protrusion of vehicles onto the streets]; 4. Screening shall be provided as submitted on the applicant's 10/16/81 plan; 5. All storage must be contained within the buildings; 6. Acquiescence by the Planning Board of the above conditions; 7. Suffolk County Planning Commission review pursuant to the Suffolk County Charter, Sections 1323, et seq. Location of Property: South Side of Corwin Street, Greenport, NY; County Tax Map Parcels ID No. 1000-48-2-2 & 3. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. SET-UPS FOR NEX REGULAR MEETING: OPmotion by Mr. Douglass, \— seconded by Mr. Goehrirlger, it was RESOLVED, that the\following appli ations be and hereby ARE a SCHEDULED FOR THE NEXT RE' UL'AR MEETING F THIS BOARD, to be held at the Town Hall, Main RoSouthold, Y commencing at 7:30 o'clock P.M.: Appeal No. 3066. FRAN TARULL Y. Horse & stable at 1540 North Bayvi w Roach/, Southold.. Appeal No. 3070. LAST ASOCATES. New dwelling - reduced front and rea setbacks at Birch Avenue, Southold. Appeal No. 3067. GRACE E. kENNEY. Additions increasing lot coverag o er 20o allowable, and reducing front d ar setbacks at 2020 East Gillette Drive, East Marion. Appeal No. 3071. GEORG'6 & NATA�IE WIESER. Accessory garage in fron yard are at 1415 Harbor Lane, Cutchogue. Appeal No. 3014. EAST/END SUPPLY CO., INC. Special Exception for arehouse building with office in C -Light Industrial Zone\a, Corwin Street, Greenport. APPEALS BOARD MEMBERS Southold Town Board of Appeals MAIN ROAD -STATE ROAD 25 SOUTHOLD, L,1„ N.Y. 11971 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI M I N U T E S REGULAR MEETING FEBRUARY 4, 1983 TELEPHONE (516) 765-1809 A Regular Meeting of the Southold Town Board of Appeals was held on Friday, February 4, 1983 at 7:30 o'clock p.m, at the Southold Town Hall, Main Road, Southold, New York, Present were: Gerard P. Goehringer, Chairman; Charles Grigonis, Jr.; Serge Doyen, Jr.; Robert J. Douglass and Joseph H. Sawicki. Also present were: Mr. Victor Lessard, Administrator (Building Department); Mr. Henry Lytle (Southold-Peconic Seniors Club); Mrs. Lydia Totura (for the Traveler -Watchman!; Mr. Jeff Miller (for the Suffolk Times). The Chairman called the meeting to order at 7:30 p.m. PUBLIC HEARING: Appeal No. 3066. Application of FRANK TARULLI, 1540 North Bayview Road, Southold, NY for a Variance to the Zoning. Ordinance, Article III, Section 100-30 for permission to construct accessory horse stable and stable one horse for personal use in this A -Residential District at 1540 North Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-79-06-002.1. The Chairman opened the hearing at 7:32 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a survey from Young & Young, L.S. dated December 27, 1982 indicating applicant's proposed loca- tion for the barn and the size of the property which is 1.485 acre (64,686.6 square feet). We also have a copy of the Suffolk County Tax Map of this parcel and the surrounding area. Mr. Tarulli, would you like to be heard in behalf of your application? FRANK TARULLI: Mr. Chairman and board members, I did want to say a few words just to more or less satisfy myself and the board as to the appeal that I had filed for, and that was that certainly I have had, as I stated, the intent that over the years that I had the property in the area that I would be able to maintain a horse on the . • Southold Town Boara of Appeals -14- Februa4p 4, 1983 Regular Meeting (Appeal No. 3014 - EAST END SUPPLY CO.) CPUBLIC HEARING: Appeal No. 3014. Application for EAST END SUPPLY CO., INC. by Irving L. Price, Jr., Esq., 828 Front Street, Greenport, NY for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80B for permission to construct warehouse - office building in this "C -Light Industrial" Zone. Location of Property: South Side of Corwin Street, Greenport, NY; County Tax Map Parcel ID No. 1000-48-02-002 & 003. The Chairman opened the hearing at 8:28 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a rather large plan here indicating the. nature of this application. Mr. Burden, would you like to be heard in behalf of your application? WALTER BURDEN: Mr. Chairman and board members, Mr. Price is not available, therefore, I'll do his part of this. The entire parcel of abandoned Seventh Street to land of 125-127 Main Street Corporation is Zoned C -Light Industrial District in which office buildings, wholesale storage and warehousing are permitted uses under Special Exception. The existing warehouse building to the east was granted a Special Exception by the Board of Appeals in Appeal No. 1537, May 25, 1972, prior to East End's purchase and use of same as a warehouse. These part of premises have been commercial for many years and at one time encompassed grain - milling, oil and coal storage and distribution. The westerly part of the premises for which the Special Exception is requested is presently improved with four rundown dwelling units which will be raised to accomplish the building of a new warehouse. The Planning Board has already considered this site plan, and it goes back to some time last year. And in this regard, I would like to ask the board if you grant this Special Exception, because we have applied for a rehearing as I think you are aware of the last hear- ing (Appeal No. 3013), that the Special Exception be granted and applied to that rehearing so that we avoid going through this again and save some time. Thank you. MR. CHAIRMAN: Thank you, Mr. Burden. Would anybody else like to be heard in behalf of this application? Anybody like to be heard against the application? Questions from board members? (None) Hearing no further questions, I'll make a motion closing the hearing and reserving decision. On motion by Mr. Goehringer, seconded by Mr. RESOLVED, to close the hearing.and reserve decision in the matter of Appeal No. 3014, application for EAST END SUPPLY CO., INC. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. Southold Town Board of Appeals MAIN ROAD -STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI M I N U T E S REGULAR MEETING FEBRUARY 25, 1983 TEI.FPHONE (516) 765-1809 301q A Regular Meeting of the Southold Town Board of Appeals was held on Friday, February 25, 1983 at 7:30 o'clock p.m. at the Southold Town Hall, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Charles Grig- onis, Jr.; Serge Doyen, Jr.; Robert J. Douglass and Joseph H. Sawicki. Also present were: Mr. Victor Lessard, Administrator (Building Department) and persons concerning tonight's public hearings. The Chairman called the meeting to order at 7:30 p.m, RECESSED PUBLIC HEARING: Appeal No. 3071. Upon application of GEORGE AND NATALIE WEISER, Harbor Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory garage in the frontyard area at 1415 Harbor Lane, Cutchogue, NY; County Tax Map Parcel No. 1000- 97- 06-010. This is a recessed hearing from February 4, 1983. The Chairman reconvened the public hearing at 7:30 p.m. MR. CHAIRMAN (GOEHRINGER): Is Mr._Weiser present? (No one appeared in behalf of the application.)- Would anybody else -like to speak in behalf of this application? Anybody wish to speak against the application? (None) -Hearing no -comments, I'll make a motion closing the hearing -and reserving decision. _ On motion by Mr. Goehringer,-seconded by Mr. Sawicki, it was RESOLVED, to close the hearing and reserve decision in the matter of Appeal No. 3071, application for GEORGE -AND NATALIE WE-ISER. Vote of the Board:- Ayes: Messrs: Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted.- Southold Town Board '6f Appeals -36- (Appeal No. 3014 - EAST END SUPPLY CO. i February 25, 1983 Regular Meeting INC., continued:) r The parcel in question is zoned "C -Light Industrial" and contains an area of approximately 51,000 square feet with 875 feet along Corwin Street, inclusive of a 25' strip from Seventh Street and a 50' strip from Eighth Street, which have been officially abandoned by the Town. It is noted for the record that a decision concerning the setbacks of the proposed new construction herein was conditionally granted by this board same date hereof in Appeal No. 3080 for East End Supply Co., Inc. It is also noted for the record that any construction other than as approved by this application shall be subject to review and approval" by the Building Department, Planning Board, Board of Appeals, and any other agency which may be involved. In considering this application, the board determines: (a) that the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (b) that the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be lo- cated, 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; (e) that the character of the existing and probable development of uses in the district and the peculiar suitability of such district for the loca- tion of any of such permitted uses will not be altered; (f) that no adverse effects will be caused to create an undue increase of vehicular traffic congestion on public streets or highways; (g) that the use will not adversely effect the availability of adequate and proper public or private water supplies and facilities for the treatment, removal or discharge of sewage, refuse or other effluent (h) that the use and materials incidental thereto or produced thereby will not give off obnoxious gases, odors, smoke or soot; (i) that the use will not cause disturbing emissions of electrical discharges, dust, light, vibration or noise; (j) that the operation in pursuance of this use will not cause undue interference with the orderly enjoyment by the public of parking or of recreational facili- ties; (k) that hazards to life, limb or property because of fire, flood, erosion, or panic will not be created_ by reason of or as a result of this use, or by the structures to be used therefor, or by the inaccessibility of the properties or structures thereon for the convenient entry and operation of fire and other emergency apparatus, or by the undue concentration or assemblage of persons upon_such plot; (1) that the use or structures wiIl not cause an overcrowding of land or -undue concentration of population; (m) that the plot area is - sufficient, appropriate and adequate for the use and the reasonably- anticipated easonably-anticipated operation thereof; and (n) that the use to be operated is not unreasonably near to_a church, school, -theater, recreational area or other place of public assembly. On motion by Mr. Douglass, seconded by Mr. Goehringer, it was- r Southold Town Board ofPP eals -36- February 25, 1983 Regular Meeting (Appeal No. 3014 - EAST END SUPPLY CO., INC., continued:) CThe parcel in question is zoned "C -Light Industrial" and contains an area of approximately 51,000 square feet with 875 feet along Corwin Street, inclusive of a 25' strip from Seventh Street and a 50' strip from Eighth Street, which have been officially abandoned by the Town. It is noted for the record that a decision concerning the setbacks of the proposed new construction herein was conditionally granted by this board same date hereof in Appeal No. 3080 for East End Supply Co., Inc. It is also noted for the record that any construction other than as approved by this application shall be subject to review and approval - by the Building Department, Planning Board, Board of Appeals, and any other agency which may be involved. In considering this application, the board determines: (a) that the use will.not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (b) that the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be lo- cated, 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; (e) that the character of the existing and probable development of uses in the C district and the peculiar suitability of such district for the loca- tion of any of such permitted uses will not be altered; (f) that no adverse effects will be caused to create an undue increase of vehicular traffic congestion on public streets or highways; (g) that the use will not adversely effect the availability of adequate and proper public or private water supplies and facilities for the treatment, removal or discharge of sewage, refuse or other effluent (h) that the use and materials incidental thereto or produced thereby will not give off obnoxious gases, odors, smoke or soot; (i) that the use will not cause disturbing emissions of electrical discharges, dust, light, vibration or noise; (j) that the operation in pursuance of this use will not cause undue interference with the orderly enjoyment by the public of parking or of recreational facili- ties; (k) that hazards to life, limb or property because of fire, flood, erosion, or panic will not be created_ by reason of or as a result of this use, or by the structures to be used -therefor, or by the inaccessibility of the properties or - structures - thereon for the convenient entry and operation of fire and other emergency apparatus, or by the undue concentration or assemblage of persons upon_such plot; (1) that the use or structures will not cause an overcrowding of land or -undue concentration of pop-ulation; (m) that the plot area is sufficient, appropriate and adequate for the use and the reasonably - anticipated operation thereof; and (n) that the use to be operated is not unreasonably near to_a church, school, -theater, recreational_ area or other place of public assembly. On motion by Mr. Douglass, seconded by Mr.' Go_ehringer, it was- Southold Town Board of Appeals -37- February 25, 1983 Regular Meeting (Appeal No. 3014 - EAST END SUPPLY CO., INC., continued:) RESOLVED, that Appeal No. 3014, application for EAST END SUPPLY CO., INC. for permission to construct warehouse with insufficient front, rear and side yard setbacks, in this "C -Light Industrial" Zone, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. All construction from the rear property line shall be no closer than 12 feet; 2. There shall be a minimum of twenty [20] parking stalls on .. the premises; 3. All loading and unloading must be done on the premises only [with no protrusion of vehicles onto the streets]; 4. Screening shall be provided as submitted on applicant's 10/16/81 plan; 5. All storage must be contained within the buildings; 6. Acquiescence by the Planning Board of the above conditions; 7. Suffolk County Planning Commission review pursuant to Sections 1323, et seq. of the Suffolk County Charter. Location of Property: South Side of Corwin Street, Greenport, NY; C County Tax Map Parcel ID Nos. 1000-48-2-2 and 3. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. Being there was no further business properly coming before the board at this time, the Chairman declared the meeting adjourned. Respectfully submitted, Linda F. Kowalski, Secretary .Southold Town Board of Appeals d v Southold Town Board ofarls Ppe MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 APPEALS BOARD MEMBERS ERARD P. GOEHRINGER, CHAIRMAN HARLES GRIGONIS, JR. ERGE DOYEN, JR. OBERT J. DOUGLASS OSEPH H. SAWICKI M I N U T E S REGULAR MEETING FEBRUARY 25, 1983 TF1 FPHONE (516) 765-1809 f36 Yo /IAPL-N t .bEC'q/ A Regular Meeting of the Southold Town Board of Appeals was held on Friday, February 25, 1983 at 7:30 o'clock p.m. at the Southold Town Hall, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Charles Grig- onis, Jr.; Serge Doyen, Jr.; Robert J. Douglass and Joseph H. Sawicki. Also present were: Mr. Victor Lessard, Administrator (Building Department) and persons concerning tonight's public hearings. The Chairman called the meeting to order at 7:30 p.m. RECESSED PUBLIC HEARING: Appeal No. 3071. Upon application of GEORGE AND NATALIE WEISER, Harbor Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory garage in the frontyard area at 1415 Harbor Lane, Cutchogue, NY; County Tax Map Parcel No. 1000- 97- 06-010. This is a recessed hearing from February 4, 1983. The Chairman reconvened the public hearing at 7:30 p.m. MR. CHAIRMAN (GOEHRINGER): Is Mr._Weiser present? (No one appeared in behalf of the application.)- Would anybody else -like to speak in behalf of this application? Anybody wish to speak against the application? (None) -Hearing no -comments, I'll make a motion closing the hearing -and reserving decision. _ On motion by Mr. Goehringer,-seconded by Mr. Sawicki, it was RESOLVED, to close the hearing and reserve decision in the matter of Appeal No. 3071, application for GEORGE -AND NATALIE WEISER. Vote of the Board:_ Ayes: Messrs: Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted.- • Southold Town Board of Appeals -2- Februa 25, 1983 Regular Meetinig PUBLIC HEARING (RE -HEARING): Appeal No. 3080. EAST END SUPPLY CO. Upon application for EAST END SUPPLY CO., INC., by Irving L. Price, Jr., Esq., 828 Front Street, Greenport, NY for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80B for permission to construct warehouse building with office in this "C -Light Industrial" Zone. Location of Property: South Side of Corwin Street, Greenport, NY; County Tax Map Parcel ID No. 1000-48-02-002 and 003. The Chairman opened the hearing at 7:32 p.m. and read the legal notice of hearing in its entirety and appeal application. .MR. CHAIRMAN (GOEHRINGER): We have several copies of the original plan which includes a copy of the survey, and we have a copy of the Suffolk County Tax Map indicating this property and surrounding properties in the area. Mr. Price, would you like to be heard in behalf of this application? IRVING L. PRICE, JR., ESQ: Thank you, Mr. Chairman, members of the board for the opportunity of a rehearing. I believe that this is fully stated in the application. The minor difference between 13' to 12' would be hardly noticeable. We would strictly comply to that requirement. MR. CHAIRMAN: Thank you very much. Is there anybody else that would like to be heard in behalf of the application? Anybody like to be heard against the application? Sir? Would you use the mike and clearly state your name. THOMAS WATKINS: Which application are you proposing? MR. CHAIRMAN: This is East End Supply. THOMAS WATKINS: Thomas Watkins, President of the Greenport Hous- ing Alliance and I have a letter here from the St. Agnes Rectory ...Dear Members: Your consideration df this critical problem of housing in the Greenport area will be appreciated at your meeting this evening. There is a need for residential zones to remain in tact due to the high incident of the placement of families in our community. We are in desparate need of housing of these families. "One instance for example is the property on Corwin Street in Greenport." The property designated for three families and ( ) housing units. This property must be maintained for the purpose of providing housing for low-income families. Thank you for your attention in this matter of urgency. In peace, Reverend Father Reid. Greenport Housing Alliance. MR. WATKINS continued: And to the -Southold Zoning Board of Appeals regarding Appeal No. 3013, Proposed Rezoning Lot #1000-48-02-002 & 003: Southold Town Board o*peals -3- February 25, 1983 Regular Meeting (Appeal No. 3080 - EAST END SUPPLY CO., INC., continued:) CMR. WATKINS continued: Date: February 25, 1983: Dear Sir: We the citizens of the Greenport Housing Alliance Inc. are opposed to any plan or action which would include the dislocation of low-income families and reduce further the present shortage of affordable homes within the community. We are witness to the hardship that low-income families experience in finding a new home. We have witnessed mass evictions of low-income families and know their ordeal; overcrowded emergency housing, living in automobiles, or double -up with relatives with equally large families. The health, safety, welfare, and even the rights of our low-income citizens should and must be our first consideration. It is for these reasons that we must oppose this plan to rezone the Corwin Street property from residential to light industry. Thank you for your consideration in this matter. Very truly yours, /s/ Thomas Watkins, President - Greenport Housing Alliance... . MR. WATKINS: And I have a copy of this letter for you. MR. CHAIRMAN: Fine, thank you. Mr. Watkins, may I ask you a couple of questions? MR. WATKINS: Sure. MR. CHAIRMAN: It is my understanding that your group is upset with the removal of the two houses on the present site, is that what the purpose of these letters are? MR. WATKINS: Well, it would be for three "houses, there are a total of four houses, three of them are being lived in now. - MR. CHAIRMAN: We were approached today by Mr. McMahon and he -informed us that you might be discussing the possibility of buying these houses or the possibility of relocating them. Is there anything that you can shed any light on? MR.-WATKINS: It would help to keep the houses there, but just to remodel them, for the people that are there now. MR. CHAIRMAN: You are aware of the fact that this property is already - zoned for what these people are proposing, is -that -correct? Southold Town Board oPlAppeals -4- Februo 25, 1983 Regular Meeting (Appeal No. 3080 - EAST END SUPPLY CO., INC., continued:) MR. WATKINS: It is zoned for Light Industry? MR. CHAIRMAN: That's correct. r MR. WATKINS: Well, would there possibly be a way that they could build around it? MR. CHAIRMAN: We'll ask the attorney who is representing them in one second, ok? Is there anything else that you wanted to say? Thank you very much. Mr. Price, can you shed any light upon that for us? IRV PRICE: No, the answer is that it couldn't be built around but as far as the residences and-- (inaudible) MR. CHAIRMAN: Could you use the mike please? MR. PRICE: The answer is that it couldn't be built around, but as far as the residences themselves I believe the pictures which were submitted speak for themselves, and I can testify from my own knowledge that those residences were in that condition when the applicant pur- chased them for this purpose, and he has maintained them or attempted to maintain them in as good a condition as they were when he bought them; and these pictures are true representation of the housing as it is now. And it is for the record Zoned "Light Industry." MR. CHAIRMAN: Can I ask you one question while you're there? Would Mr. Burden or the clients that you're representing have any objection to a relocation of these houses if there were suitable land in the area? I mean, in lieu of bulldozing them? MR. BURDEN: When you say relocation, do you mean that 'someone other than the Supply Co. would relocate it? MR. CHAIRMAN: Yes. You know, somebody coming in and said, "I'd like to purchase the buildings and remove it from the site?" MR. BURDEN: We could discuss it. MR. CHAIRMAN: This is what was proposed -to me by Mr. McMahon today. MR. BURDEN: It's the first -we've heard of it. MR. PRICE: The answer is that they would be glad to -discuss -it. MR. CHAIRMAN: Thank you. MR: PRICE: Thank you. _ MR. CHAIRMAN: Is there anybody else that would like to speak against the application? Any questi-ons from anybody in the audience? (None) Any questions from any board members? (None)l Hearing no further comments from anyone, I'll make a motion closing_the hearing and - reserving decision until later. C L Southold Town Board Appeals -5- February 25, 1983 Regular Meeting (Appeal No. 3080 - EAST END SUPPLY CO., INC., continued:) MEMBER DOUGLASS: Seconded. On motion by Mr. Goehringer, seconded by Mr. RESOLVED, to close the hearing and reserve decision until later in the matter of the application of EAST END SUPPLY CO., INC. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. RECESSED PUBLIC -HEARING: Appeal No. 3070 - LAST ASSOCIATES. Upon application of LAST ASSOCIATES, Box 796, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct one -family dwelling with reduced front and rear yard setbacks upon parcel located on the north side of Birch Avenue, Southold, NY; County Tax Map Parcel ID No. 1000-77-01-021. This hearing was recessed from the February 4, 1983 Regular Meeting. The Chairman reconvened the public hearing at 7:45 p.m. MR. CHAIRMAN: This hearing was recessed from the last meeting. Mr. Murdock? MR. MURDOCK: I think I will wait. I didn't ask for the recess. I would prefer to wait and see what comments the people have. MR. CHAIRMAN: Is Mr. Dalton in the audience? GEORGE DALTON: Mr. Chairman, members of the board. A couple of things. I spoke with .the Suffolk County Department of Health recently and they told me that a revision to the septic system -which I had very strenuous objections to will be issued probably by today. I haven't seen the revision; I don't know if Mr. Murdock has or not. But I understand from Mr. Reynolds from the Health Department that the septic system will now be located in the frontyard of Mr. Murdock's house. That's totally acceptable to me. The second point that Mr. Reynolds raised and I think Mr. Murdock, I would like to ask that he confirm this, was that Mr. Murdock is now talking about a 25' front - yard setback as opposed to current plan of 351. At the last hearing, I had asked for a 20' frontyard setback... if Mr. Murdock is agreeable to a 25' frontyard setback and assuming that the design of the house does not change, in lite of the change of,.the septic system, I would have no problem with a 25' frontyard setback -...just as a means of compromising the various objections I raised before. The third point, which I hope to have some information on for you was the problem with removal of the trees and the underbrush from Mr. Murdock's property and the affect that that might have on the drainage to my property because of the extremely steep slope between the two houses. Once I looked into the type of analysis that would have to be done for this and particularly the cost of that analysis ... I did not go through with that. It would have -been very expensive, but I would ask that board to do tonight in their consideration is simply to view it on Southold Town Board of Appeals PP -32 February 25, 1983 Regular Meeting (Appeal No. 3079 - Walter Gaipa, continued:) C 2. That this buildingshall b e used for storage purposes only. Location of Property: 360 Lakeview Terrace, East Marion, NY; County Tax Map Parcel No. 1000-31-09-12. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. RESERVED DECISION: Appeal No. 3080 - EAST END SUPPLY CO., INC. Upon application of EAST END SUPPLY CO., INC., 203 Front Street, Greenport, NY for a Rehearing (of Appeal No. 3013) for a Variance to the Zoning Ordinance, Article VIII, Section 100-81, Bulk Schedule, for per- mission to construct warehouse building in this "C -Light Industrial Zone" with insufficient front, rear and side yard setbacks. Location of Property: South Side of Corwin Street, Greenport, NY; County Tax Map Parcel Nos. 1000-48-02-02 and 03. The public hearing concerning this application was held earlier this evening, at which time the hearing was declared closed pending deliberations. CThis isa rehearing in the matter of Appeal No. 3013 for East - End Supply Co., Inc. pursuant to its request dated February 1, 1983. This board unanimously agreed to rehear this application for the reasons stated in the subject rehearing application, and a public hearing was held on February 25, 1983. The premises in question is located at the northerly side of Corwin Street, Greenport, and is more particularly identified on the. County Tax Map as District 1000, Section 48, Block 02, Lots 2 and 3. The subject parcel is zoned "C -Light Industrial" and contains an area of approximately 51,000 square feet with 875 feet along Corwin Street, inclusive of a 25' strip from Seventh Street and a 50' strip from Eighth Street, which road strips have been officially abandoned by the Town. Existing on the premises are two dwelling structures in disrepair, accessory building, and a 32' by 1561 -one-story stor- age building located on the easterly portion. By this appeal, appellant seeks a Variance to the Zoning Ordi- nance, Article VIII, Section 100-8-1, Bulk Schedule to construct a warehouse building with an office of -approximately -21,000 square feet first -floor area on the westerly portion of this property, eliminating existing dwelling structures and accessory building thereto. The existing building on the easterly portion of the-, premises will be exterior -modernized and is to remain a one-story structure. The proposed new construction at the westerly -portion of the premises will be approximately one-half at two-story height and the other half one-story height. Southold Town Board of Appeals -33 February 25, 1983 Regular Meeting (Appeal No. 3080 - EAST END SUPPLY CO., INC., continued:) Facts were submitted at this hearing which were not originally C presented in the prior hearing. The type of construction proposed is a prefabricated structure and is available only in multiples of ten feet. Applicant asserts that compliance with this board's prior decision would result in underutilization of 20% of the lot area. If the board reconsidered the depth of the building to permit one additional foot, a prefabricated building 90' in depth could be utilized, verses an 80' building. In considering this appeal, the board determines that the variance request is not substantial in relation to the requirements of the zoning code; that the circumstances are unique; that by allowing the variance no substantial detriment to adjoining properties will be created; that the relief requested will be in harmony with and promote the general purposes of zoning; and the interest of justice will be served by allowing the variance, as indicated below. On motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3080, application of EAST END SUPPLY CO. INC. for permission to construct warehouse with insufficient front, rear and side yard setbacks in this "C -Light Industrial" Zoned District, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. All construction from the rear property line shall be no closer than 12 feet; 2. There shall be a minimum of twenty [20] parking stalls on the premises; 3. All loading and unloading must be done on the premises only [with no protrusion of vehicles onto the streets]; 4. Screening shall be provided as submitted on applicant's 10/16/81 plan; 5. All storage must be contained within the buildings; 6. Acquiescence by the Planning Board of the above conditions; 7. Suffolk County Planning -Commission review pursuant to Sections 1323, et seq. of the Suffolk County Charter. - Location of Property: South"Side of Corwin Street, Greenport, -NY; County Tax Map Parcel ID Nos. 1000-48-2-2 and 3. Vote of the Board: Ayes: Messrs. Goehringer, Doyen,-Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. APPEAL BOARD MEMBER Robert W. Gillispie, Jr., Chairman Robert Bergen Charles Grigonis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. 0 • aWly `-hal7d Tozinn 3o, ni yid of AppeaL SOUT SOL©, L. L, N. Y. 119"71 M I N U T E S SOUTHOLD TOWN BOARD OF APPEALS may 25, 1972 Telephone 765.2660 r -- /0c4( - A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M., Thursday, May 25, 1972, at the Town Officer, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert Bergen; Charles Grigonis, Jr.; Serge Doyen, Jr.; Fred Hulse, Jr. (8:10 P.M.). Also present: Mr. Howard Terry, Building Inspector. 7:30 P.M. (E.D.S.T.), upon application of Robert Parkin, Bay Avenue, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 c-2, for a permit to build a swimming pool in side yard. Location of property: north side Bay Avenue, Orient, New York, bounded north by Quilty; east by lands now or formerly of Petrucci; south by Bay Avenue; and west by land now or formerly of Kelly. THE CHAIRMAN: I wish to point out that this application has been improperly publicized. In the absence of our Town Attorney I have checked with Counsel in Riverhead and they agree that this has been improperly publicized. The location should be Cutchogue, New York instead of (Orient, New York, as shown. On motion by Mr. Gillispios seconded by Mr. Grigonis, it was RESOLVED that hearing on application of Robert Parkin, Cutchogue, Now York, be postponed until 7:30 P.M., June 15, 1972. Vote of the Board: Doyen. Ayes:- Messrs: Gillispie, Bergen, Grigonis, • Southold Town Board of k ppeals -lu- May 25, 1972 Tho Board finds that strict application of the Ordinance will not produco practical difficulties or unnecessary hardship; tho hardship crea;;ed is not unique and would bo shared by all proportios alike in the im odiate vicinity of this property and in t o sarao use district; and the variance do -os not observe the spirit of the Ordinance and will change the character of the district. On motion by Mr. Gillispie, seconded by .VL?. Bergen, it was RESOLVED Salvatore Loria, Firt and King Street, Now Suffolk, Now York, be DENIED permission to use a priv,to garage as co►,- oreial storago located on the west side of First Street, New Suffolk, Now York. Vote of the Board: Ayos:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Dozen. PUBLIC HEARING: Appeal No. 1537 - 9:20 P.M. (E.D.S.T.), upon application of Thomas and VirgiMis Jornick, Sh3ltor Island, New Yolk, for a Special Exception in accordant© with the Zoning Ordinance, Article VIII, Section 800 B-3. to use premises and oporato a commercial storage building. Location of property: south side of Corwin Street, Gr©enport, New York, bounded north by Corwin Street; east by Seventh Street; south by Long Island Railroad; and west by Eighth Street; now or formerly lots numbered 45, 46, 4 , 48 and 49 on Map of S. B. Corwin, Greenport, New York. Foe paid 15.00. /ono_ The Chairman openod th© hearing by roadinig the application for a Spocial Exception, legal notice of hoaxing, affidavit attesting to its publication in the official nowspapers, and notice to the applicant. TIM CHAIRMAN: Tho application is acco-m.:oanied by a survey indicating that the property is approximately 100 feet on the westerly boundary, is 249 feet in length on tho Long Island Railroad and thorn is a warehouse on the property eatonding about two-thirds of the length of the property parallel to tho Long Island Railroad. TIM CHAIRMAN: Is there anyone present who wishes to speak for this application? WAN= S. CORWIN, ESQ.: I am tho attorney for the poople who are going to become purchasers of tho property. There is presently a contract between Thomas and Virginia Jernick and Walter and Harry Burden. The property is on a railroad siding and it is an ideal location for the type of business that they wish to conduct and it is the type of business that has been conducted there for fifty years when my fathor put the building up. It has always been used for storage, since right after World War I. Southold Town Board of pp®els -17- May 25, 1972 T CF%IRvAN: Do they propose to chan0gu the building? MR- CORWIN: They may change taa doorwayW but there will be no structural changes. MR. HOWARD TERRY, Building Inspector: 30causo of the fact that t13oy occupy a whole block, I think that for thair protection in case Of fire the setback lines should be racogniz6d so that if th®y ®ver want to rebuild thoy would have s©mothing to ;;,part with. Historically, that whole block has had non -conforming use ., th the exception of the Mills building. We should recognize the exicting setback lines in case they should want to rebuild. T"M CHAIRN.rAN: The Board recognizes the applicant Is right to vary the front yard setback to a reasonable distance based on the size of the lot. MR. CORWIN: The reason the lot is longo7 on one side than on the other is that it pro-datod the railroad. THE C U IRMAN: Is there anyone present who wishes to speak against this application? ' (Thera was no response.) alk - r THE C141IRMAN: Are there any questions? MR. HOWARD TERRY, Building Inspector: Docause of its proximity to tho Village we have to have approval of the County Planning Commission. After investigation and inspection the Board finds that applicant raquosts a Special Exception to use premises and operate a comtrarcial storage building on the south sid of Corwin Street, Groonpori, Now York. The property is near the Incorporated Villago of Graonport bounded on the north by Corwin Stroet, east by Seventh Street, south by the Long; Island Railroad, and wast by Eighth Street. The special exception is requested because of tho recent amendment Of the Zoning; Ordinanco which makes the wholesale warehousing use to which t1z© structure on the a storage and boon put for more than fifty years a non -conforming es The and has Property is on a railroad siding and is an idoal location for this typo of use; it has boon used for storage sinco right after World War I. The Board agrees with the reasoning of the applicant. The Board finds that the public convenionee and welfare and justice will be sorvod and the legally established or of neighborhood property and adjoining use districts wimllnot ®bees© permanently or substantially injured and the spirit of the Ordinance Will be observed. N 0 Southold Town Board of Appeals -IS- May 25, 1972 On motion by Mr. Hulse, seconded by Mr. 3o rgen, it was RESOLVED Thomas and Virginia Jernick, S:30lter Island, New York, bo GRANTED permission to use premises and operate a commercial storage building. Location of property: south side of Corwin Stroet, Groenport, New York. Vote of the Board: Ayes:- Messrs: Gillespie, Bergen, Grigonis,- Hulse$ Doyen. PUBLIC HEARING: Appeal No. 538 - 9:3G P.M. (E.D S.T. ), upon applications,of Robert Vandorbeck, 2475 West z:cek Avenue, Cutchogue, New York, fc a variance in aceo dance with tho Zoning Ordinance, Article III,}Section 301, for pe mission to ;,;:gild an addition on existing d elling with insuf icient side yard. Location of property: eas side of West Cr ek Avenue, Cutchogue, New York, boundod north y William May; ast by E. Mot;;; south by G. Barning; and west by We Creek Avenue Fee paid $15.00. The Chairma opened the hearing by reading the application for a variance, egal notico of hearing, affidavit attesting to its publication i the off cial newspapers, and notice to the applicant. THE CHAIRM16,N: Tr.® plication is accompanied by a sketch showing that the exi tin house consists of an area 161 x 161 connect©d to an area 16 x 201. It is propossd to add a room (14' x 161) to the so t which will bring tho side yard down to 61. It is also propos d to add a room (71 x 131) in the all formed by the two existing r ms. THE CHAIRMAN: T/s ere anyone present yfno wishes to speak for this application? MR. ROBERT VA ERBEC : I just want to point out that it was not mentioned inm7 applic tion that my daughter owns all of this property to t e south nd also to the wast. The sketch only shows part of the lot. I wn 2001 in depth. Formerly this was one big plot. I equired th s in 1957. Many of the lots in this aroa are narrow. THE CF.AIRMA e Your total area is 109000 sq. ft. How far from your house is yo T; daughter's h use? MR. V THE CHA against this K: Her house N: Is there lication? (There was no response.) a way down the road. Present who wishes to speak FLINT'san•e�.a-a 2f .r Yf zT ee_ z9, . 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C— PROPERTY MAP 0 Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.i., N.Y. 11971 6.1 ce 1,* TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3080 (Rehearing of Appeal No. 3013) Application Dated February 1, 1983 (Public Hearing held 2/25/83) TO:[Appellant(s)] Mr. Irving L. Price, Jr., Esq., as attorney for EAST END SUPPLY CO., INC. 828 Front Street Greenport, NY 11944 At a Meeting of the Zoning Board of Appeals held on February 25, 1983 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 VIII, Section 100-81, Bulk Schedule [ ] Request for - The public hearing on this application was also held on February 25, 1983. Upon application of EAST END SUPPLY CO., INC., 203 Front Street, Greenport, NY for a Rehearing (of Appeal No. 3013) for a Variance to the Zoning Ordinance, Article VIII, Section 100-81, Bulk Schedule, for per- mission to construct warehouse building in this "C -Light Industrial Zone" with insufficient front, rear and side yard setbacks. Location of Property: South Side of Corwin Street, Greenport, NY; County Tax Map Parcel Nos. 1000-48-02-02 and 03. This is a rehearing in the matter of Appeal No. 3013 for East End Supply Co., Inc. pursuant to its request dated February 1, 1983. This board unanimously agreed to rehear this application for the reasons stated`in the subject rehearing application, and a public hearing was held on February 25, 1983. The premises in question is located at the northerly side of Corwin Street, Greenport, and is more particularly identified on the County Tax Map as District 1000, Section 48, Block 02, Lots 2 and 3. The subject parcel is zoned "C -Light Industrial" and contains an. area of approximately 51,000 square feet with 875 feet along Corwin Street, inclusive of a 25' strip from Seventh Street and a 50' strip from Eighth Street, which road strips have been officially abandoned by the Town. Existing on the premises are two dwelling structures in disrepair, accessory building, and a 32' by 156' one-story stor- age building located on the easterly portion. '''By this appeal, appellant seeks a Variance to the Zoning Ordi- nance, Article VIII, Section 100-81, Bulk Schedule to construct a warehouse building with an office of approximately 21,000 square feet first -floor area on the westerly portion of this property, eliminating existing dwelling structures and accessory building thereto. The existing building on the easterly portion of the. premises will be exterior -modernized and is to remain a one-story structure. The proposed new construction at -the westerly portion of the premises will be approximately one-half at two-story height and the other half one-story height. (CONTINUED ON PAGE TWO) CHAIRMAN, SOUTHOLD TO ZONING BOARD - OF APPEALS Page 2 - Appeal No. 3080 (Rehearing of Appeal No. 3013) Matter of EAST END SUPPLY CO., INC. Decision Rendered February 25, 1983 Facts were submitted at this hearing which were not originally presented in the prior hearing The type of construction proposed .is a prefabficated :structure and is available only in multiples of ten feet. Applicant asserts that compliance with this board's prior decision would result in underutilization of 200 of the lot area. if the board reconsidered the depth of the building to permit one additional foot, a prefabricated building 90' in depth could be utilized, verses an 80' building. In considering this appeal, the board determines that the variance request is not substantial in relation to the requirements of the zoning code; that the circumstances are unique; that by allowing the variance no substantial detriment to adjoining properties will be created; that the _relief requested will be in harmony with and promote the general purposes of zoning; and the interest of justice will be served by allowing the variance, as indicated below. On motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, -that Appeal No. 3080, application of EAST END SUPPLY CO. INC. for permission to construct warehouse with insufficient front, rear and side yard setbacks in this "C -Light Industrial" Zoned District, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. All construction from the rear property line shall be no closer than 12 feet; 2. There shall be a minimum of twenty [20] parking stalls on the.premises; 3. All loading and unloading must be done on the premises only [with no protrusion of vehicles onto the streets]; 4. Screening shall be provided as submitted on applicant's 10/16/81 plan; 5. All storage must be contained within the buildings; 6. Acquiescence by the Planning Board of the above conditions; 7. Suffolk County Planning Commission review pursuant to Sections 1323, et seq. of the Suffolk County Charter. Location of Property: South Side of Corwin Street, Greenport, NY; -County Tax Map Parcel ID Nos. 1000-48-2-2 and 3. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. RECEIVED A\T.D a ILED BY D A T -4,q /93 is iT1-,-00rA M C r Southold Town Board of Appeals MAIN ROAD -STATE ROAD 25 SOUTHOLD. L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3014 Application Dated July 6, 1982 (Public Hearing held 2/4/83) TO: Irving L. Price, Jr., Esq., as attorney for [Appellant (s) EAST END SUPPLY CO., INC. 828 Front Street Greenport, NY 11944 At a Meeting of the Zoning Board of Appeals held on February 25, 1983 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance nue to Lack of Access to Property New York Town Law, Section 280-a [X] Request for Special Exception under the Zoning Ordinance Article VIII , Section 100-80B [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for The public hearing on this application was held -on February 4, 1983. Upon application for EAST END SUPPLY CO., INC., by Irving L. Price, Jr., Esq., 828 Front Street, Greenport, NY for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80B for permission to construct warehouse building with office in this "C -Light Industrial" Zone. Location of Property: South Side of Corwin Street, Greenport, NY; County Tax Map Parcel ID No. 1000-48-02-002 and 003. The board made the following findings and determination: This is an application for a Special Exception pursuant to Article VIII, Section 100-80B of the Southold Town Zoning Code to construct a warehouse building with office westerly of the existing warehouse building. The new warehouse building will contain a first -floor area of approximately 21,000 square feet and applicant proposes to eliminate -existing dwelling structures and accessory building thereto on the. westerly portion of this property. The existing warehouse building on the easterly portion of the premises will be exterior -modernized and is to remain a one-story structure. The new warehouse will be approxi- mately one-half at two-story height and the other half one-story height. The parcel in question is zoned "C -Light Industrial" and contains an area of approximately 51,000 square feet with 875 feet along Corwin Street, inclusive of a 25' strip from Seventh Street and a 50' strip from Eighth Street, which have been officially abandoned by the Town. It is noted for the record that a decision concerning the setbacks of the proposed new construction herein was conditionally granted by this board same date hereof in Appeal No. 3080 for East End Supply Co., Inc. It is also noted for the record that any construction other than as approved by this application shall be subject to review and approval by the Building Department, Planning Board, Board of Appeals, and any other agency which may be involved. In considering this application, the board determines: (a) that the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (b) that the use will not prevent the orderly and reasonable use of permitted Ar legally (CONTINUED ON PAGE TWO) DATED: March 9, 1983. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD - OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3014 Special Exception Application of EAST --END SUPPLY CO., INC. Decision Rendered February 25, 1983 by the Board of Appeals established uses in the district wherein the proposed use is to be lo- cated, 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; (e) that the character of the existing and probable development of uses in the district and the peculiar suitability of such district for the loca- tion of any of such permitted uses will not be altered; (f) that no adverse effects will be caused to create an undue increase of vehicular traffic congestion on public streets or highways; (g) that the use will not adversely effect the availability of adequate and proper public or private water supplies and facilities for the treatment, removal or discharge of sewage, refuse or other effluent (h) that the use and materials incidental thereto or produced thereby will not give off obnoxious gases, odors, smoke or soot; (i) that the use will not cause -disturbing emissions of electrical discharges, dust, light, vibration or noise; (j) that the operation in pursuance of this use will not cause undue interference with the orderly enjoyment by the public of parking or of recreational facili- ties; (k) that hazards to life, limb or property because of fire, flood, erosion, or panic will not be created by reason of or as a _ result of this use, or by the structures to be used therefor, or by the inaccessibility of the properties or structures thereon for the convenient entry and operation of fire and other emergency apparatus, or by the undue concentration or assemblage of persons upon such plot; (1) that the use or structures will not cause an overcrowding of land or undue concentration of population; (m) that the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation thereof; and (n) that the use to be operated is not unreasonably near to a church, school, theater, recreational area or other place of public assembly. On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that Appeal No. 3014, application for EAST END SUPPLY CO., INC. for permission to construct warehouse with insufficient front, rear and side yard.setbacks, in this "C -Light Industrial" Zone, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. All construction from the rear property line shall be no closer than 12 feet; 2. There shall be a minimum of twenty [20] parking stalls on the premises; 3. All loading and unloading must be done on the -premises only [with no protrusion of vehicles onto the streets]; 4. Screening shall be provided as submitted on applicant's 10/16/81 plan; 5. All storage must be contained within the buildings; 6. Acquiescence by the Planning Board of the above conditions; 7. Suffolk County Planning Commission review pursuant to Sections 1323, et seq. of the Suffolk County Charter. Location of Property: South Side of Corwin Street, Greenport, NY; County Tax Map Parcel ID Nos. 1000-48-2-2 and 3. Vote of the Board: Ayes: .Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. APPROVED hoard of Appeals C - South own old TBoard oA_peals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 '701 ll TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3013 Application 'Dated July 6, 1982 TO: Irving L. Price, Jr., Esq. as attorney for [Appellant(s)] _EAST END 9UPDLY. CO., N _I_ C . 828 F'ror.,: Street Greenport, NY 11944 At a Meeting of the Zoning Board of Appeals held on JANUARY 13, 1983 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 VIII , Section 100-81, Bulk Schedule [ ] Request for _ The public hearing on this application was held on November 18, 1982. Upon application for EAST END SUPPLY CO., INC., by Irving L. Price, Jr., Esq., as agent, 828 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article VIII, Section 100-81, Bulk Schedule, for permission to construct warehouse in this "C -Light Industrial" Zoned District with insufficient front, rear and side yards as shown on building plans accompanying the appeal application. Location of Property: South Side of Corwin Street, Greenport, NY; County Tax Map Parcels No. 1000-48-2-2 & 3. The board made the following findings and determination: The premises in question is located at the northerly side of Corwin Street in Greenport and is more particularly identified on the County Tax Map as District 1000, Section 48, Block 02, Lots _2 and 3. The subject parcel contains an area of approximately 51,000 square feet with approximately 875 feet along Corwin Street, inclusive of a 25' strip from Seventh Street and 50' strip from Eighth Street, which road strips have been abandoned by the town. Existing on the premises are two dwelling structures in disrepair, accessory building, and a 32' by 1561.one-story storage building located on the easterly portion. By this appeal, appellant seeks permission to construct a warehouse building with an office of approximately 21,000 square feet first -floor area on the westerly portion of this property, eliminating existing dwelling structures and accessory building thereto. The existing building on the easterly portion will be exterior -modernized and is to remain a one-story structure. The proposed new construction at the westerly portion of the premises will be approximately one-half, two-story, and one-half, one-story construction. In considering this appeal, the board determines that the variance request is not substantial in relation to the requirements of the zoning code; that the circumstances are unique; that by allow- ing the variance no substantial detriment to adjoining properties will be created; that the relief requested will be in harmony with and promote the general purposes of zoning; and the interest of justice will be served by allowing the variance, as indicated below. On motion by Mr. Grigonis, (Continued on Page Two) February 1, 1983. Form ZB4 (rev. 12/81) seconded by Mr. Sawicki, it was CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3013 Matter of EAST END SUPPLY CO., INC. Decision Rendered January 13, 1983 RESOLVED, that Appeal No. 3013, application of EAST END SUPPLY CO., INC. for permission to construct warehouse with insufficient front, rear and side yard setbacks in this "C -Light Industrial" Zoned District, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. All construction from the rear property line shall be no closer than 13 feet; 2. There shall be a minimum of twenty [20] parking stalls on the premises; 3. All loading and unloading must be done on the premises only [with no protrusion of vehicles onto the streets]; 4-. Screening shall be provided as submitted on the applicant's 10/16/81 plan; 5. All storage must be contained within the buildings; 6. Acquiescence by the Planning Board of the above conditions; 7. Suffolk County Planning Commission review pursuant to the Suffolk County Charter, Sections 1323, et seq. Location of Property: South Side of Corwin Street, Greenport, NY; County Tax Map Parcels ID No. 1000-48-2-2 & 3. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. "TTED BY .,L... 4I1e3 E � t ..;.- - ... ....r. _........cam»..a,,......, `.i TOWN OF SOUTHOLD, NEW YORiC.!,j ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1137 Dated May10 , 1972 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD DATE .M,ay... ,254 1972 To Thomas and Virginia Jernick Appellant Shelter Island, New York at a meeting of the Zoning Board of Appeals on May 25a 1972 the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property (X) Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be anted be denied pursuant to Article �' ( ) P .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision, of the Building Inspector ( ) be reversed ( ) be confirmed because 9:20 P.M. MD.S.T. ), upon application of Thomas and Virginia Jerniok, Shelter Island, New York, for a special exception In accordance with the Zoning Ordinance, Article VIII, Section 800 B-3, to use premises and operate a commercial storage building. Location of propertyt south side of Corwin Street, Greenport, New York, bounded north by Corwin Street; east by Seventh Street; south by Long Island Railroad; and west by Eighth Street; now or formerly lots numbered 45, 46, 47, 48 and 49 on Map of S. B. Corwin, Greenports New York. Fee paid $15.00, 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because SEE REVERSE (would not) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE After investigation and Inspection -the Board finds that applicant requests a special exceptoon to use premises and operate a commercial storage building on the south gide of Corwin"Streets Greenports New York, The property is near the Incorporated Village of Greenport bounded on the north by Corwin Street# east by Swventh Streets south by the Long Island Railroads and west by Eighth Street. The special exception is requested-beoause of the recent amendment of the Zoning Ordinance which makes the wholesale storage and warehousing use'to which the structure on the premises is and has been put for more than fifty years a non -conforming use. The property is on a railroad siding and is an ideal location for this type of use; it has been used for storage since right after World War I. The Board agreed with the reasoning of the applicant. The Board finds that the -public convenience and. welfare and just ice . will be served and the" legally"'establi.shed - or. permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of_ the Ordinance Will be observed,; THEREFORE - IT' WAS RESOLVED Thomasand Virginia Jernick# Shelter•Islands New Yorks'be GRANTED permission to use promisee and operate a commercial` storage building; Location of property: south side of Corwin Streets Greenport, New York. Vote of the Board: Ayess. Messrs: Gillispies Bergen# Grigonis# Hulse s Doyen. 0 BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter or the PetitionQf Garrett A. Stra g, For James R. Lewis, Jnr. to the Board of Appeals of the Town of Southold TO: YOU ARE HEREBY GIVEN NOTICE: • NOTICE TO ADJACENT PROPERTY OWNER 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) [ circle choice] 1. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 230 Corwin Street (from 9th to 7th) Greenport . New York Tax Map # 1000-48-02-01 & 44.1 3. That the property which is the subject of such Petition is located in the following zoning district: Light Industrial LI 4 That by such Petition, the undersigned will request the following relief: Increase in allowable Lot Coverage from 30% to 47% (existing lot coverage is 43%) 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article XIV Section 100-142 j ] Section 280-A, New York Town Law for approval of access over rights) -of -way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may 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 Board of Appeats; 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: February 5, 1993 . Petitioner Garrett A. Strang, Architect for Owners'Names: James R. Lewis, JR. Post Office Address P.O.Box 1412 Southold, New York 11971 Tel. No. (516 ) 765-5455 [Copy of sketch or plan showing proposal to be atta ie;d` for ,c'o'nYea en&q purposes.] c •. 0 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAMF. ADDRESS Mr. & Mrs. Thomas L. Jernick Box 1 St. Mary's Road Shelter Island NY 11964 L.I. Railroad Co. MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE—POSTMASTER Received From: Garrett A. Strang, Architect P.O.Box 1412 Southold, New Yn,L 11o7i U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE—POSTMASTER Received From: Garrett A. Strang, Architect P.O.Box 1412 Southold New York 11971 One piece of ordinary mail addressed to: The Long Island Railroad Co. Jamaica Station, Rm. 511 Jamaica, New York 11400 PS Form 3817, Mar. 1989 *U.S.GPO:1991-0-282.404/25747 STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) Jamaca Station,.Rm.511 Jamica, NY 11400 Affix fee here in stamps or meter postage and Post mark. Inquire of Postmaster for current fee. u i Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. a s Garrett A. Strang .residing at Main Road Ma t t i t u c k , New York , being duly sworn, deposes and says that on the t h day of February -#1993 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Southold ; that said Notices were mailed to each of said persons by (certified) (registered) mail. ' Garrett A. Strang Sworn to before me this 5th d of , 19 9WLP Non"Nli , State of 5�� Qualified in Suffolk Countyq Commission Expires Deaembsr 8.19:.. (This side does not have to be completed on form transmitted to adjoining property owners.) Foy � .o`'�� KCOIiy o �► JUDITH T. TERRY = Z TOWN CLERK O ►T REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER yO��o• �_`O� OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK DATED: FEBRUARY 8, 1993 RE: ZONING APPEAL NO. 4154 - JAMES R. LEWIS JR. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 Transmitted herewith is Zoning Appeal No. 4154 of James R. Lewis Jr. for a variance. Also included is Notice to Adjacent Property Owners; Notice of Disapproval from the Building Department, dated February 2, 1993; Short Environmental Assessment Form; copy of Application for Building Permit; Letter of Authorization; copy of Notice of Violation issued by the Suffolk County Department of Health Services on June 10, 1991; survey and plans; and ZBA Questionnaire. s e, 0 0 "' a • Judith T. Terry Southold Town Clerk Jafn 'IG/J2/ 1+1 y J 'J f H 0 L u O d N E R S G u I d Fibt e62 tAx 4,%P144. 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