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HomeMy WebLinkAbout4116APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1.823 Telephone (516) 765-1800 Appl. No. 4116-V. Application of LINDA TAGGART. This is an Appeal of the March 13, 1992 Notice of Disapproval issued by the Building Inspector under Article XIV, Section 100-142 and Article XXIII, Section 100-239.4B for approval or recognition of lot with a substandard size of 15,285 sq. ft., lot width (frontage) along the Main Road 76.46 feet, and lot depth 125.0 feet. At the time of transfer of title, the property was located in the B-Light Business Zone. The property is currently located in the Light Industrial (LI) Zone District. Location of Property: 68320 Main Road, Greenport; Map of Peconic Bay Estates Lot Nos. 185 and 186; County Tax Map Parcel ID No. 1000-53-2-2. WHEREAS, a public hearing was held on July 29, 1992, and all those who desired to be heard were heard, pro, con and otherwise, and their testimony was made a part of the record; 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. This is an application appealing the March 13, 1992 Notice of Disapproval from the Building Inspector which has disapproved an application for a building permit to construct at premises referred to as 68320 Main Road, Greenport, New York, on the following grounds: "...Article XIV, Section 100-141 Site Plan required by the Planning Board. Article XIV, Section 100-142 Bulk Area and Parking - Action required by the Zoning Board of Appeals for insufficient total area and rear yard area. Action required by Town Trustees for insufficient setback (less than 75' from wetlands... " Page 2 - Appl. No. '41161V Matter of LINDA TAGGART Decision Rendered August 18, 1992 2. The premises in question is an unimproved (vacant) parcel of land situated in Greenport, Town of Southold. The total lot area is 15,285 sq. ft., with 89.45 feet frontage along the south side of the Main Road (New York State Route 25) and depth of 125.0 feet. 3. The subject premises is known and referred to as Lots No. 185 and No. 186 on a certain map entitled, "Amended Map 'A,' Peconic Bay Estates" filed in the Office of the Suffolk identified on the Suffolk County Clerk on June 1, 1984 in Liber 9574 page 38. This parcel is further identified on the County Tax Maps as District 1000, Section 053, Block 02, Lot 002 and is located in the Light Industrial (LI) Zone District. 4. In a Light Industrial Zone (as enacted January 10, 1989 by the Southold Town Board), the Bulk Schedule provides: a) a minimum lot size of 40,000 sq. ft. b) a minimum lot width of 100 feet c) a minimum lot depth of 150 feet d) a minimum front yard setback at 50 feet, or the established within 300 feet on the same side e) a minimum rear yard setback at 70 feet. 5. Article XXIV, Section 100-244, subsection A, of the zoning code provides automatic relief for "...lots made nonconforming or continued in a state of nonconformance by the adoption of this Article and that were singly and separately owned as of the effective date of this Article... " The date of the adoption of this provision is January 10, 1989. 6. Subsection B thereof provides further: "...A nonconforming lot separately owned and not adjoining any lot or land in the same ownership at the effective date of this Article and not adjoining any lot or land in the same ownership at any time subsequent to such date may be used, or a building or structure may be erected on such lot for use, in accordance with all the other applicable provisions of this chapter, provided that proof of such separate ownership is submitted in the form of an abstract of title showing the changes of title to said lot, which abstract shall be in the usual form shall be certified by an attorney ... regularly doing such work in Suffolk County ... Such lot shall be granted relief for front, side and rear yard dimensions as follows: Page 3 - Appl. No. '4116~V Matter of LINDA TAGGART Decision Rendered August 18, 1992 Lots having less than 20,000 sq. ft.: Width 80 Depth 100 Front 35 Both Sides 10 & 15, total 25 Rear 35... " 7. There is no question that on January 10, 1989, this parcel was held in single and separate ownership. This was evidenced from the title documentation and testimony received from the applicants' attorney as well as assessment records and t6wn tax bills showing separate taxable status since prior to 1957. There are no legal covenants, restrictions or other documentation existing to show that the parcel was to be stripped of uses, or that it was prohibited from use a separate parcel or otherwise. In fact, county and town tax and real property records support this conclusion. The period of time which is acknowledged by the property owner to be in joint ownership with her previous husband, Joseph Schoenstein, is approximately 23 months (May 1984 through April 1986). Section 100-244 of the current zoning code was not a part of the previous zoning code, and prior to 1989 single-and-separate searches were not required. It would arbitrary for this Board to apply the 1989 zoning code to the 1986 time period, particularly when the lot, being on a map filed with the County Clerk since 1933, was not merged with another parcel for more than three years. 8. The following information is also noted for the record: (a) there has been no literal change in the dimensions and layout of the property since immediately prior to January 1989 or thereafter which might affect the circumstances of the revised master plan; (b) county records show the existence of this parcel as Lot ~2 since prior to 1978; (c) 1989 zoned the Industrial; the master plan revisions adopted on January 10, subject premises from Business to Light (d) The site plan submitted for consideration and approval shows a proposed one-story frame structure of 932 sq. ft. to be located with the following setbacks: (a) 50 feet from the front property line to the north; (b) 47 feet to the rear property line to the south; (c) 32+- feet to the westerly Page 4 - Appl. No. '41162V Matter of LINDA TAGGART Decision Rendered August 18, 1992 side property line; (d) 40 feet to the easterly side property line, at its closest points. The first floor elevation is shown to be proposed at eight (8') feet above mean sea level. The percentage of lot area to be covered by the proposed building is 6%. 9. In considering this application, the Board also finds and determines: (a) the circumstances are uniquely related to the property and are not personal in nature to the landowner; (b) the relief requested is minimal and is not unreasonable in light of the circumstances; ~ (c) there is no other method feasible for appellants to pursue; (d) the difficulties claimed are sufficient to warrant a grant of the application; (e) the difficulties were not self-created; (f) in view of the manner in which the difficulty arose and in considering all the above factors, the interests of justice will be served by granting the relief. NOW, THEREFORE, on motion by Mr. Dinizio, seconded by Mr. Doyen, it was RESOLVED, to GRANT the relief requested under Appl. No. 4116, as applied, and be it further RESOLVED, that the size of this lot BE AND HEREBY IS RECOGNIZED AND ACCEPTED under the bulk area regulations of the zoning code, as it exists with an area of 15,285 sq. ft., frontage of 89.46 feet, depth of 125.0 feet as more particularly shown on the April 2, 1992 survey map prepared by Roderick VanTuyl, P.C. and rear yard setback at 47 feet, as requested. Vote of the Board: Dinizio. Nay: Member Villa. (3~1). Ayes: Messrs. Goehringer, Doyen and This resolution was duly adopted RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK lk GERARD P. GOEHRIf[GER, C~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARING 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, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, JULY 29, 1992 commencing at the following times: 7:32 p.m. Appl. No. 4118 - GLADYS J. MILNE. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B, and Article XXIII, Section 100-239.4B for permission to construct deck addition with insufficient side yard setback, insufficient setback from existing bulkhead, and with lot coverage at more than 20% of the code limitation. Location of Property: 240 Knoll Circle, East Marion; County Tax Map District 1000, Section 37, Block 5, Lot 15; Gardiners Bay Estates Lot No. 31. 7:37 p.m. Appl. No. 4115 - STEPHEN AND ELLA SCHI~IDT. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to constru6t deck addition with an insufficient rear yard setback at 340 Bay Haven Lane, Southold, "Map of Bay Haven" Lot No. 27; County Tax Map District 1000, Section 088, Block 04, Lot 24. Page 2 - for July 2t19929~ Legal Noti Hearings Southold Town Board of Appeals 7:40 p.m. Appl. No. 4023 - CELLULAR TELEPHONE CO. d/b/a METRO ONE. This is an Appeal of the March 14, 1991 Notice of Disapproval issued by the Building Inspector for an Interpretation under Article XXIII, Section 100-230 concerning a proposed 104 ft. height of a monopole structure for radio transmission, and in the alternative, appellant requests a variance from the height restriction. Location of Property: (#415) Westerly side of Elijah's Lane and the Northerly Side of the Main Road (NYS Route 25), Cutchogue, NY; also shown on Planning Board subdivision-approved map of May 15, 1990; property now or formerly of William J. Baxter and Others; County Tax Map Parcel ID No. 1000-108-4-part of 11. 7:50 p.m. Appl. No. 4022SE - CELLULAR TELEPHONE CO. d/b/a METRO ONE. Request for Special Exception approval under Article VIII, Section 100-81B(1) and Article III, Section 100-31B(6) for an unmanned telecommunications building in an existing concrete block building and construction of a monopole radio tower with antenna for transmitting and receiving radio signals to provide cellular telephone services. Location of Property: (#415) Westerly side of Elijah's Lane and the Northerly Side of the Main Road (NYS Route 25), Cutchogue, NY; also shown on Planning Board subdivision-approved map of May 15, 1990; property now or formerly of William J. Baxter and Others; County Tax Map Parcel ID No. 1000-108-4-part of 11. 8:00 p.m. Appl. No. 4116 -~. This is an ppeal of the March 13, 1992 Notice of Disapproval issued by the Page 3 - Legal Noti~ Hearings for July 29, 1992 Southold Town Board of Appeals Building Inspector under Article XIV, Section 100-142 and Article XXIII, Section 100-239.4B for approval or recognition lot with a substandard size of 15,285 sq. ft., lot width (frontage) along the Main Road 76.46 feet, and lot depth 125.0 feet. At the time of transfer of title, the property was located in the B-Light Business Zone. Today, the property is located in the Light Industrial (LI) Zone District. Location of Property: 68320 Main Road, Greenport; Map of Peconic Bay Estates Lot Nos. 185 No. 1000-53-2-2. 8:15 p.m. Appl. and 186; County Tax Map Parcel ID No. 4117SE - LINDA TAGGART. Request for a Special Exception under Article XIII, Section 100-131B, as referenced from Article XIV, Section 100-14lB for permission to establish retail gift shop in this Light Industrial (LI) Zone District. Location of Property: 68320 Main Road, Greenport; Map of Peconic Bay Estates Lot Nos. 185 and 186; County Tax Map Parcel ID No. 1000-53-2-2. 8:25 p.m. Appl. No. 4120 - WILLIAM GOODALE AND MATTITUCK AUTO CENTER, INC. Variance to the Zoning Ordinance, Article XXI, Section 100-212B for relief from the front yard landscaping provisions of the zoning code. Location of Property: 7655 NYS Route 25 (Main Road), Laurel, near Mattituck, NY; County Tax Map Parcel No. 1000-122-06-30.1 (previously 30). 8:30 p.m. Appl. No. 4119SE - RICHAI{D GOODALE AND MATTITUCK AUTO CENTER, INC. (Tenant). Special Exception to the Zoning Ordinance, Article X, Section 100-101B(12) for a permit Page 4 - Legal Notig Hearings for July 29~, 1992 Southold Town Board of Appeals authorizing: (a) a new car sales establishment; (b) an establishment of an accessory use incidental to the proposed new car sales establishment for the sale and/or lease of used vehicles; (c) outside display of vehicles, (d) accessory office use incidental to the new principal use as a new car sales establishment. Location of Property: 7655 Main Road (NYS Route 25), Laurel, near Mattituck, NY: County Tax Map Parcel No. 1000-122-06-30.1 (prev. 30). 8:45 p.m. (Reconvened from June 30, 1992) Appl. No. 4091- EUGENE M. LACOLLA. Variance to the Zoning Ordinance, Article III, Section 100-31A and B, requesting permission to change use of a portion of the subject premises, from residential to non-residential. Location of Property: Location of Property: North Side of Main Road (State Route 25), at Arshamomoque near Greenport, (abutting properties of Hollister's Restaurant, Mill Creek Liquors, The Pottery Place, etc.); County Tax Map Parcel Nos. 1000-56-4-24 and 19. 9:00 p.m. Appl. No. 4072 - Appl. No. 4072 - VARUJAN AND LINDA ARSLANYAN. Appeal of the November 26, 1991 Notice of Disapproval of the Building Inspector for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A and Article XXIV, Section 100-244B, or Article III, Section 100-32, for permission to construct swimming pool and deck addition with insufficient sideyard(s) and with insufficient setback from sound bluff/bank along the Long Island Sound. Location of Property: 54455 (North Side) of County Road 48, Greenport; Hearings u 1992 Southold Town Board of Appeals County Tax Map Parcel No. 1000-52-1-8. The Board of Appeals will at the above time and place hear any and all persons or representatives desiring to be heard concerning these applications. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more information, please call 765-1809. Dated: July 14, 1992. GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski FORM NO. 3 TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTtlOLD, N.Y. NOTICE OF DISAPPROVAL .......... 1 .............. ..o:?~ . ... ~ ...,,~-. ?.... ~. ('....p~...,.., .O.~l) .... ~.~:~..~:~ ..... ~.,:~. ..... PLEASE TAKE NOTICE that your application dated ...~ ~ .... ~ .~ ...... 19 ~. forpe~itto '~~'~ ~ ~ ~'-~ ....................... at ~oc~on o~o~r~ ..¢~. ~*.~...~.~. ~, .... ~;~.~.~ House NO. ' ...... hJ~/~ County Tax MapNo. 1000Section . ,.O.~.~... Block ...Q.~ ..... Lot ..Q.~ ....... Subdivision ................. Filed blap No. : ............... Lot No ....... ........... is returned herewith and disapproved on the following grounds .~. ~... ~.~. ~.~ ~ ~l ~ ~ ¢ ~ ~ .................. · , ................ L. .. ~ ~( 5 ~ ~ ~ ~ ~.~~~.~:~.~ ~.~ ~-:o.~ ~ .~_~. ~' . ....... ~.~ .... Bu±W~l±ng Inspector RV 1/80 TOWN OF $OUTI~II~,."HEW~' YOLK' RECEIVED APPEAL FROM DECISION OF BUILDING INSPECTOR /~, ~ ~ APPEL NO. ~ / / ~ JUN~ ~ - ~ APRIL 2, 1992 TO THE ZONING BOARD OF AP,EALS, TOWN OF ~~,~ I, (We) LINDA TAGGART of 68320 MAIN ROAD Name of AppeJl~t Strut a~ Nu~r GREENPORT (ROUTE 25) NEN YORK HEREBY APPEL TO Municipali~ State (X) ( ) ( ) THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED MARCH 13, 1992 WHEREBY THE BUILDING INSPECTOR DENIED TO .P...E.~..N..I.~ A_$.$~.C.~}~T.I~,S.. ~...~.(~.'[. F..O.~.. J, ,~ ~ D,~...'[~G G A R T Name of Applicant for permit of 68320 MAIN ROAD GREENPO~.T.,..~Y~.~.t..~, ~.~..~. 2 ~.REENPORT~ NY 11944 Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ........ Street /Hamlet / Use District on Zoning Map n053 B_l_°c_.k..0_2.~.L.°...t..0..2._..Current Owner L INDA TAGGART Map No. 'Lot No. Prior ONner .... 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article S~ctiono Sub- section and Paragraph of the Zoning Ordinance by number, Do not quote the Ordinance.) Article XlV 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 lock 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) (__ha~been made with respect to this decision of the Building Inspector or with respect to this property. Such cppeal was ( ) request for a special permit ( } request for o variance and was made in Appea.I No ................................. Dated ............................ ~ ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) is requested for the reason that INSUFFICIENT TOTAL AREA (15,285 SQ. FT. VERSUS 40,000 SQ. FT. REQUIRED) ABD REAR YARD (46 FT. VERSUS REQUIRED 70 FT.) Porto ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP becouse TT t~Ol~J~AKJJ ~J~ L! ZONED PROPERTY UNUSABLE AS ITS 5ZZE CANNOT BE PRACTICALLY EXPANDED BECAUSE OF RESTDENT~AL ZONED AREA TO THE EAST, WETLAND5 TO THE SOUIIJI~PklNtiI~plFIJdld,~I::UP~ED ZONED TNDUSTRTAL AREA TO THE NEST. 2. The hordship creoted is UNIQUE ond is not shored by oil prope~ies alike in the immediote vicinity of this prope~y end in this use district becouse THIS ANTIQUE SALES RESULTS [N ONLY A G% LOT COVERAGE AS COHPARED WITH HUCH DENSER USES [N THE AD3ACEN~> SAHE ZONED AREA. · 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISIF, ICT because. TH[5935 Sq. FT. SINGLE STORY BU[LD[NG ~/OULD BE LESS OBTRUS[VE THAN LARGER, HORE [NDUSTR1:AL TYPE FAC[LIT[ES. STATE OF NEW YORK ) ) ss COUNTY OF ,,~oq~/)c- ) Sworn to this . . i~ day of ....... .~'.~...Ci'..! 19 ~- TOWN OF SOUTHOLD PROPERTY RECORD CARD O~ER STREET ~,~'~ VILLAGE DIST, SUB. FOYER OWNER ~ ~NOeh~,~ ~ N E ACR. S W WPE OF BU'LD'NG RES. S~S. VL ~// FARM COMM. CB. MISC. Mkt. Value ~N~ ~MP. TOTAb DATE REMARKS . ' ~ AGE BUILDING CONDITION N~ NOeL BELOW ABOVE FARM Acm Value Per Valu~ ~re Tillable Tilbbl~ 2 Tillable 3 W~lond Brushland FRONTAGE ON ROAD H~use Plot DEPTH / BULKH~D Total ~ DOCK TRUSTEES John M. Bredemeycr, III, President Albert J. Krupski, Jr., Vice Prcsident Henry P. Smith John B. Tuthill Williara G. Albertson Tclephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOLITHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 october 28, 1992 Merlon Wiggin · Peconic Associates, One Bootleg Alley P.O. Box 672 Greenport, NY 11944 /nc. Re: Linda Taggart SCTM ¢1000-53-2-2 Dear Mr. Wiggin: The following action was taken by the Board of ~own Trustees during its regular meeting ~eld on October 22, 1992 regarding the above matter: WHEREAS, Peccnic Associates on behalf of Linda Taggart applied to the Southotd Town Trustees for a permit under the provisions o~ the Wetland Ordinance of the Town of Southold, application dated July 15, 1992 and, WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, a public hearing was held by the Town Trustees with respect to said application on October 22, 1992 at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted c~ncerning this application, and, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE BE IT RESOLVED that the Board of Trustees approves the application of Pe¢onic Associates on behalf of Linda Taggart to construct 24' X 33' single story antique marine and gift shop includin~ access drive and parking as applied subject to a continuous 6"-12" low profile vegetated berm of 6' - 8' in width shall be installed contiguous to the parking area on the South and parallel to and no further East than 20' from the rear of the.building. There shall be no disturbance of vegetation on the seaward or waterward side of the berm. · This permit will expire two years from the date it is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this .notification. Two inspections are required and the Trustees are to be notified upon completion of said project. Permit will be issued upon payment of the following fees for work be done below Mean High Water Mark: No fees Very truly yours, John M. Bredemeyer, III President, Board of Trustee JMB: jd cc: Planning Board. Zoning Beard Building Dept. Board Of Southold Town Trustees SOUTHOLD, NEW YORK PERMIT NO. 409l DATE: 1112192 ISSUED TO LINDA TAGGART Pursuant fo fha provisions of Chapter 615 o,"; the Laws of the State of ,New York, 1893; and Chapter 404 of fha Laws of the State of New York 1952; and the $ouihoJd Town Ordinance en- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance with the Resolution ~f The Board adopted at a meeting held on 1&(23 . 19 97~, and in consideration of fha sum of $ 150.00 paid by - Linda Taggart of . $outhold N.Y. and subject to the Terms and Conditions listed on the reverse slde hereof, of Southold Town Trustees authorizes and permits the following: To construct a single story retail antique marine and gift shop, with access drive & parking. all in accordance with fha defaited specifications as presented in fha originating application. IN WITNESS WHEREOF, The said Board of Trustees here- by causes ifs Corporate Seal fo be affixed, and these presents to be subscribed by a majority of the said Board as of this data. TRUSTEES ' John M. Bredemeyer, III, President Albert J. Kn~psld, Jr., Vice President Henry. P. Smith John B. Tuthill William G. Albertson Telephone (516) 765-1892 Fax (516) 765-1823 TOWN OF SOUTHOLD S.N.~.~.A. NEGATIVE DECL~TIO] NOTICE OF NO SIGNIFIC~ EFFECT ON ~E ~IRO~ SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road RO. Box 1179 fork 11971 APPLICATION NO. 1000-53-2-2 .'NAME: Linda Taggart DATE: July, 30 1992 Chapt. 97 - Wetlands Chapt. 37 - Coastal Erosion RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as Lead Agency for the action described below, has determined that the project will not have a significant effect on the environment. Please take further notice that this declaratio~ should not be considered a determination made for any other department or agency which may also have an ~pplication pending for the same or similar project. A planting survey shall be submitted prior to final approval. TYPE OF ACTION: ~/~,j';7~ /~ /~.~,~;& ~'~d DESCRIPTION OF ACTION: to construct a 24' X 33' single story antique marine and gift shop including access drive and parking as applied for . LOCATION:SCTM ~1000-53-2-2 REASONS SUPPORTING THIS DETERMINATION: 1. An on site inspection has been conducted by the Board of Trustees. 2. An enviroD~ental assessment, submitted by the applicant and reviewed and completed by the Board of Trustees, has indicated that no significant adverse effects to the enviromnent are likely to occur should the project be implemented as planned. CC: CAC Merlon Wiggin ' ~oard of Trustees 3 October 22, 1992 7:40 P.M. - In the matter of Donna Schlegel requests to construct a single family dwelling as approved in 1986. Located 965 Bailie Beach Road and East Side Ave. Mattituck. TRUSTEE SMITH moved to close, TRUSTEE KRUPSKI second. ALL AYES. TRUSTEE SMITH moved to approve subject to include previous requirements, TRUSTEE ALBERTSON second. ALL AYES. 7:45 P.M. In the matter of Eh-Consultants on behalf of Josh London to construct 50 1.f. timber retaining wall which will tie into return of proposed wall of Passalaque to east and have a 12' return on west side. Approx. 150 c.y. of backfill will be trucked in from access point at Duck Pond ?Road (to west). Existing stone will be used for armor and lain on filter cloth and 50-100 lb. bedding (core) stone. Construct an access stairway from crest of bluff to beach consisting of 4' X 4' platforms at crest of bluff; 4' X 30' staircase; (2) 4' X 4' platforms in front and behind retaining wall; 4'. X 10' steps to beach. Located ROW off Oregon Road, Cutchogue. TRUSTEE SMITH moved to close, TRUSTEE TUTHILL second. ALL AYES. TRUSTEE SMITH moved to approve, TRUSTEE TUTHiLL second. ALL AYES. 7:53 P.M. - In the matter John Geideman on behalf of Ernest Gaebel requests to construct 75' of bulkhead with 10' returns and 6' X 10' fixed dock, 3' X 15' ramp and (3) 6' X 20' floats. Located Westview Drive, Mattituck. TRUSTEE SMITH moved to close, TRUSTEE KRUPSKI second. ALL AYES. TRUSTEE TUTHILL moved to approve, TRUSTEE KRUPSKI second. ALL AYES 7:58 P.M. - In the matter of Peconic Associates 6n behalf of Linda Taggart to construct 24' X 33' single story antique marine and gift shop including access drive and parking as applied for. Located Route 25, Greenport. TRUSTEE SMITH moved to close, TRUSTEE KRUPSKI second. TRUSTEE KRUPSKI moved to approve subject to revised map subject to to a continuous 6" X 12" low profile vegetated berm of 6' - 8' in width shall be installed contiguous to the Darking area on the South and parallel to and no further east than 20' from the rear of the building. There shall be no disturbance of vegetation on the seaward side of the berm. ALL AYES. 8:10 P.M. - In the matter of Samuels & Steelman on behalf of George Hagameister to construct a one family dwelling, sanitary system, well and deck 75' from wetlands edge. Land to be disturbed will be landscaped. Located Little Neck Road, Cutchogue. TRUSTEE SMITH moved to close, TRUSTEE TUTHILL second. ALL AYES. TRUSTEE KRUPSKI moved to approve, TRUSTEE ALBERTSON second subject to 50' buffer undisturbed between 555~ to project. ALL AYES. ASSESSMENTS/ENVIRONMENTAL DECLARATIONS: November 2, 1992 ~inations: Beachcomber Motel - This proposal is to expand an existing motel through the addition of 86 more rooms in eight new buildings, and is located on the southeast corner ,of Long Island Sound and Duck Pond,Lane in Cutchogue. SCTM~1000-83-2-1 & 17. ~~¢. Brewers Yacht Yard - SCTM#1000-43-3-2. - t ~Bridgehampton National Bank - SCTM~1000-142-1-2. D~q~LLinda Fischetti - SCTMg1000-61-3-3. ~ k Mattituck Airbase - This proposed site plan includes the /~ £~ ~ construction of several additions to existing buildings and ~!~ a separate hanger to house airplanes, located on Airway ~, ~¢. Drive in Mattituck. SCTM~1000-123-1-2. LOCAL LAW PROPOSALS ~o Ck~A local law in relation to permit fees. ~o o~i¢&~or La walls, local law in relation to height requirements for fences O~[~- a.~ocal law in relation to open storage. O~-~ ,-~-,~A local in relation to berms. ,gc ~¢%%~ A local law in relation to prohibited uses. . OTHER TRUSTEES ' .'~': John M. Bredemeyer, III, President Albert J. Krupski, Jr., Vice President Henry P. Smith John B. Tuthill William G. Albertson Telephone (516) 765-1892 Fax (516) 765-1823 · BOARD OF TOWN TRUSTEES TOWN OF SOUTHOI,D SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 October 28, 1992 Merlon Wiggin Peconic Associates, Inc. One Bootleg Alley P.O. Box 672 Greenport, NY 11944 Re: Linda Taggart SCTM #1000-53-2-2 Dear Mr. Wiggin: The following action was taken by the Board of.Town Trustees during its regular meeting ~eld on October 22, 1992 regarding the above matter: WHEREAS, Peconic Associates on behalf of Linda Taggart applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated July 15, 1992 and, WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, a public bearing was held by the Town Trustees with respect to said application on October 22, 1992 at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted c~ncerning this application, and, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, T~EREFORE BE IT RESOLVED that the Board of Trustees approves the application of Peconic Associates on behalf of Linda Taggart to construct 24' X 33' single story antique marine and gift shop including access driv~ and parking as applied subject to a continuous 6"-12" low profile vegetated berm of 6' 8' in width shall be installed conti~uous to the parking area on the South and parallel to and no further East than 20' from the rear of th~.building. There shall be no disturbance of vegetation on the seaward or waterward side of the berm. . This permit will expire two years from the date it is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this Notification. Two inspections are required and the Trustees are to be notified upon completion of said project. Permit will be issued upon payment of the fo'llowing fees for work be done below Mean High Water Mark: No fees Very truly yours, John M. Bredemeyer, III President, Board of Trustee JMB: jd cc: Planning Board. Zoning Board Building Dept. Board Of $outhold Town Trustees SOUTHOLD, NEW YORK PERMIT NO. 4091 DATE: ~i/Z/gZ ISSUED TO L!NDA T~GG~RT Pursuant to the provisions of Chapter 615 oF the Laws of the State of New York, 1893: and Chapter 404 of the Laws of the State of New York 1952: and the Southold Town Ordinance en- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS:" and in accordance with the Resolution s>f The Board adopted at a meeting held on 10~23 19 92, and in consideration of the sum of $ 150.00 paid by Linda ~aggart of . Southold N.Y. and subject to the Terms and Conditions listed on the reverse slde hereof, of Southold Town Trustees authorizes and permits the following: To construct a single story retail antique marine and gift shop, with access drive & parking. all in accordance with the detailed specifications as presented in the originating application. IN WITNESS WHEREOF, The said Board of Trustees here- by causes ifs Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. MINUTES OCTOBER 22, 1992 PRESENT WERE: John M. Bredemeyer, III, President Albert J. Krupski, Vice President John L. Tuthill, Trustee William G. Albertson, Trustee Henry P. Smith, Trustee Jill M. Doherty, Clerk DUE TO A MALFUNCTIONING TAPE, NO MINUTES WERE RECORDED AT THIS MEETING. SEE ATTACHED AGENDA, MARGINAL NOTES AND RESOLUTIONS. THE MEETING WAS CALLED TO ORDER PLEDGE OF ALLEGIANCE NEXT TRUSTEE BOARD MEETING: Thursday, November 20, 1992 at 7 pm. WORKSESSION: 6:00 pm TRUSTEE SMITH moved, TRUSTEE KRUPSKI second. ALL AYES. NEXT FIELD INSPECTION: Thursday, November 12, 1992 at 8:00 am. APPROVE MINUTES: January 16, February 26, & September 17, 1992 TRUSTEE KRUPSKI approved, TRUSTEE BREDEMEYER second. ALL AYES. I. MONTHLY REPORT: Trustee monthly report for September 1992: A check for $1,492.15 was forwarded to the Supervisor's Office for the General Fund. II. PUBLIC NOTICES: Public notices are posted on the Town Clerk's Bulletin Board for review. III. AMENDMENTS/WAIVERS/CHANGES: 1. En-Consultants on behalf of Edward Fergus request a one year extension for the construction of a dock to expire September 28, 1993. This is the last extension on permit #3815. Located ROW off North Bayview Road, Southold. TRUSTEE SMITH moved to approve, TRUSTEE ALBERTSON second. ALL AYES. .Board of Trustees 3 October 22, 1992 7:40 P.M. In the matter of Donna Schlegel requests to construct a single family dwelling as approved in 1986. Located 965 Bailie Beach Road and East Side Ave. Mattituck. TRUSTEE SMITH moved to close, TRUSTEE KRUPSKI second. ALL AYES. TRUSTEE SMITH moved to approve subject to include previous requirements, TRUSTEE ALBERTSON second. ALL AYES. 7:45 P.M. - In the matter of En-Consultants on behalf of Josh London to construct 50 1.f. timber retaining wall which will tie into return of proposed wall of Passalaque to east and have a 12' return on west side. Approx. 150 c.y. of backfill will be trucked in from access point at Duck Pond ?Road (to west). Existing stone will be used for armor and lain on filter cloth and 50-100 lb. bedding (core) stone. Construct an access stairway from crest of bluff to beach consisting of 4' X 4' platforms at crest of bluff; 4' X 30' staircase; (2) 4' X 4' platforms in front and behind retaining wall; 4'. X 10' steps to beach. Located ROW off Oregon Road, Cutchogue. TRUSTEE SMITH moved to close, TRUSTEE TUTHILL second. ALL AYES. TRUSTEE SMITH moved to approve, TRUSTEE TUTHILL second. ALL AYES. 7:53 P.M. - In the matter John Geideman on behalf of Ernest Gaebel requests to construct 75' of bulkhead with 10' returns and 6' X 10' fixed dock, 3' X 15' ramp and (3) 6' X 20' floats. Located Westview Drive, Mattituck. TRUSTEE SMITH moved to close, TRUSTEE KRUPSKI second. ALL AYES. TRUSTEE TUTHILL moved to approve, TRUSTEE KRUPSKI second. ALL AYES 7:58 P.M. - In the matter of Peconic Associates 6n behalf of Linda Taggart to construct 24' X 33' single story antique marine and gift shop including access drive and parking as applied for. Located Route 25, Greenport. TRUSTEE SMITH moved to close, TRUSTEE KRUPSKI second. TRUSTEE KRUPSKI moved to approve subject to revised map subject to to a continuous 6" X 12" low profile vegetated berm of 6' - 8' in width shall be installed contiguous to the Darking area on the South and parallel to and no further east than 20' from the rear of the building. There shall be no disturbance of vegetation on the seaward side of the berm. ALL AYES. 8:10 P.M. - In the matter of Samuels & Steelman on behalf of George Hagameister to construct a one family dwelling, sanitary system, well and deck 75' from wetlands edge. Land to be disturbed will be landscaped. Located Little Neck Road, Cutchogue. TRUSTEE SMITH moved to close, TRUSTEE TUTHILL second. ALL AYES. TRUSTEE KRUPSKI moved to approve, TRUSTEE ALBERTSON second subject to 50' buffer undisturbed between MHW to project. ALL AYES. ASSESSMENTS/ENVIRONMENTAL DECLARATIONS: TRUSTEES ' :?~ John M. Bredemeyer, III, President Albert J. ICrupski, Jr., Vice President Henry P. Smith John B. Tulhill William G. Alberlson Telephone (516) 765-1892 Fax (516) 765-1823 SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 S.E.Q.R.A. . NEGATIVE DECLARATIO NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT APPLICATION NO. 1000-53-2-2 Chapt. 97 - Wetlands .NAME: Linda Taggart Chapt. 37 - Coastal Erosion DATE: July, 30 1992 RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as Lead Agency for the action described below, has determined that the project will not have a significant effect on the environment. Please take further notice that this declaration should not be considered a determination made for any other department or agency · which may also have an application pending for the same or similar project. A planting survey shall be submitted prior to final approval. . TYPE OF ACTION: ~p/~,~c.~ /~ ~'~¢r~;& C~d DESCRIPTION OF ACTION: to construct a 24' X 33' single story antique marine and gift shop including access drive and parking as applied for . LOCATION:SCTM $1000-53-2-2 REASONS SUPPORTING THIS DETERMINATION: 1. An on site inspection has been conducted by the Board of Trustees. 2. An environmental assessment, submitted by the applicant and reviewed and completed by the Board of Trustees, has indicated that no significant adverse effects to the environment are likely to occur should the project be implemented as planned. CC: CAC Merlon Wiggin  3 November 2, 1992 /~eterminations: ~ B ~ Beachcomber Mote] - This proposal is to expand an f~i' ~xisting motel through the addition of 86 more rooms in /~~~w"buildings, and is located on the southeast cor ~c~;'~,~=~n~sland Sound and Duck Pond, Lane in Cutchogue. her ~£. Brewers Yacht Yard ~ SCTM~1000-43~3-2. q~.c~Bridgehampton National Bank - SCTM#1000-t42-1-2. ~Linda Fischetti - SCTM~1000-61-3-3. Mattituck Airbase - This proposed site plan includes the £~ ~ construction of several additions to existing buildings and ~?~' a separate hanger to house airplanes, located on Airway ~¢. Drive in Mattituck. SCTM~1000-123-1-2. LOCAL LAW PROPOSALS (L-m~,~--A local law in relation to permit fees. ~%i~-~ La local law in relation to height requirements for fences or walls. ~ ~m~ law in relation to open storage. O~'~s~:~',-,-~-~ocal in relation to berms ~e¢%~ A local law in relation to prohibited uses. OTHER 3OUT~OLD TOWN PLANNING BOARD 14 Mr. Orlowski: How about meeting with us at three o'clock. Mr. McCarthy: O.K., fine. Everyone talking. Mr. Ward: How about Wednesday morning? Mr. Orlowski: Seven o'clock or eight o'clock? NOVEMBER 23,1992 on Thursday afternoon Mr. McCarthy: Eight o'clock is O.K. Mr. Orlowski: O.K., thank you. SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Coordination Mr. Orlowski: LindaTa~gart - This proposed site plan is for a 930 square foot retail antiques and decorative gift shop located on Main Road in Southold. SCTM ~1000-53-2-2. Mr. Cuddy: (on Bagenski)I don't have any object~on to your adopting the August 11, 1992 road requirements. Mr. McDonald: We have a motion and a second on that presently. Mr. Orlowski: O.K., I have a motion made and seconded to approve those two reports on Begenski. Any other questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Ward, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Cuddy: I want to just briefly review something with the Board because it is material to what you are going to decide tonight. The application by Linda Tag~art, in the spring of this year approximately April 1992. In August of 1992 the Zoning Board of Appeals rendered a decision granting a special exception and also a variance to the Taggart's. Since that time, there has beeh a great deal of discussion about the Taggart's application and to what this Board should be doing with it. It has been my impression continuously and also the Taggart's impression that you should be reviewing the site plan and we stress that in my appearances here as far as letters to you and I am sure communications (inaudible). We were surprised /o a considerable degree to receive a letter telling us that you are now going to ask for an environmental study under the SEQRA considerably because that had been done by the Town Trustees weeks and weeks ago, that application went before the Town Trustees over three months ago. They gave a negative declaration to this exact application that is before you. I believe that another negative declaration is appropriate. I would ask that you look at that negative declaration, I've sent copies of it to the Board, I've also sent copies of the hearing transcript that the Trustee's conducted in October of this year which everyone had notice and which probably no one appeared objected, which gave them approval for the building at this site. I don't know of any basis what so ever to be doing a further 'environmental study, and it would seem to me that an application that has been before this Board for more than six months, has been three months away from Zoning Board approval should now be in the site plan process and should not be being thrown back into the SEQRA. I don't know why it is and I am really puzzled that the Board at this point would feel comfortable saying to them that we want to do this over again. Now, I remind you of something. You apparently have had great misgivings about the Zoning Board's determination and you apparently therefore also have some misgivings about the Trustee's determination. There was a case that this Board worked on with the Zoning Board a year ago called McDonalds which was the McDonalds application in Mattituck. The Zoning Board took issue with this Board as to the SEQRA determination and it was then determined, and I thought this was precedent particularly for this application, that the Board that had worked on the SEQRA and had made the determination was the Board that was to continue before and also that it was that Board's determination, in that case, it was this particular Board, was upheld. The Zoning Board could not vary your determination and I would say if it was good in that case, it certainly has to be good in this case which means the Trustee's determination should be upheld this time. I don't know any basis for your doing what you are doing with this. The SEQRA determination is made, I believe it is final, I believe it is not contestable at this point, if you want to amend it for some reason then maybe somebody should suggest that to us. I would ask that you please proceed with the site plan. The Taggart's have been waiting for that for six months and they are here and are more than frustrated and I would ask the Board to please proceed on that basis. Mr. McDonald: Although I don't agree with all of your statements, I concur with the fact that the Negative Declaration is in place on this at this time and there is no reason to do a SEQRA. All that remains as far as I can tell from looking at the file is certification from the building inspector and Health Department. Mr. Orlowski: Where are you with the Health Department? %OUTH~OLD TOWN PLANNING BOARD 16 NOVEMBER 23, 1992 MS. Cuddy: I think we are just in the process of submitting to the Health Department. They have been waiting to get the site plan. Mr. Orlowski: Will you have it by the next meeting? Mr. Cuddy: I would not think so but maybe the meeting after that. Mr. Orlowski: O.K., you need that for the certification too. Mr. Cuddy: Before you move on may I ask if that was a positive determination in regards to the SEQRA process? Mr. Orlowski: Yes. Mr. Orlowski: O.K., Local Law Proposals - Local law in relation to affordable housing. Mr. McDonald: I make a motion that the comments be forwarded to the Town Board. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? Mr. Penny: I came here as the Chairman of the Legislative Committee to hear the comments of the Planning Board Members and to hear any discussion that might take place on this. I was not aware that the determination was already made and a vote is to be taken with their already summation (inaudible) If I am naive or wrong, please correct me. I am here Go answer any questions or comments. Mr. McDonald: Maybe I am under a misapprehension, I thought that we were requested to make our comments, we were going to make our comments and send them over to you. Mr. Penny: Right. Mr. McDonald: This is not a public hearing on our comments to my best knowledge unless I am mistaken and unfortunately, our Town Attorney is not here tonight. To my knowledge, it is not a public hearing, you have requested our comments and we are sending them to you. Mr. Penny: I came here because I have gotten comments back in the past to the Town Board that have not been exactly coordinated with the thinking of the Legislative discussions that we had and to prevent any misgivings or any misinterpretation of the intent of the law, etc. etc., I felt PLANNING BOARD MEMBERS Bennett Orlowski, Jr.. Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 Present were: Absent were: PLANNING BOARD OFFICE TOWN OF SOUTHOLD $OUTHOLD TOWN PLANNING BOARD MINUTES NOVEMBER 23, 1992 Bennett Orlowski Jr., Chairman Richard Ward Kenneth Edwards Mark McDonald Valerie Scopaz, Town Planner Melissa Spiro, Planner Holly Perrone, Secretary G. Ritchie Latham SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Mr. Orlowski: Good evening, I would like to call this meeting to order. First order of business is to set Monday, December 14, 1992 at 7:30 p.m. at the Southold Town Hall, Main Road, Southold as the time and place ~or the next regular Planning Board meeting. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. motion? All those in favor? Any questions on the Ayes: Mr. Ward, Mr. McDonald, Mr. Edwards, Mr. Orlowski. Mr, Orlowski: Opposed? So ordered. PUBLIC HEARINGS Subdivisions -.Final Mr. Orlowski: 7:30 p.m. Edward ZuhoskiEstate - Proposed amendment to the approved minor subdivision of the Edward PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 Merlon Wiggin Peconic Associates, One Bootleg Alley P.O. Box 672 Greenport, NY 11944 ~f, %,,, Supe~isor ~;~ ~ Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Fax (516) 765-1823 December 2, 1992 Inc. Proposed site plan for Linda Taggart Main Road, Greenport Zoning District: Light Industrial (LI) SCTM~ 1000-53-2-2 Dear Mr. Wiggin: The Planning Board has reviewed the above referenced site plan dated April 23, 1992. The site plan does not contain all the information required by Article XXV of the Zoning Code, nor does it conform to the Zoning Code. The following changes must be made to the site plan before the Board can proceed: 1. Rearrangement of parking to accormmodate the required twenty five (25) ioot front yard landscaped strip and five (5) foot landscaped area in front of the building. 2. The type of lighting and wattage shall be shown. 3. A Key map is needed. Dumpster location shall be shown. Sketch of sign showing color and dimensions and method of lighting is needed. The percentage of the site devoted to landscaping shall be shown. Also, the'plan does not show the berm that is required by the Trustee permit. Please submit nine copies of the revised plan. If you have any questions or require further assistance, please contact this office. CC: Very truly yours, Bennett Orlowski, Jr. Chairman Gerard P. Goehringer, Chairman Board of Appeals c~/ John M. Bredemeyer, III, President, Board of Trustees Victor Lessard, Principal Building Inspector Harvey Arnoff, Town Attorney Linda S. Taggart, Applicant Charles R. Cuddy, Attorney for Applicant CHARLES R. GUDDY 180 OD ~TRY RO~ (R~. 58) P. O. BOX 1547 ~~, ~ 11901 November 20, 1992 Town of $outhold Planning Board 53095 Main Road P.O. Box 1179 Southold, New York 11971 Attn: Bennett Orlowski, Jr./VS Chairman 1992 :' ! Re: Proposed site plan for Linda Taggart Main Road, Greenport Zoning District: Light Industrial (LI) SCTM# 1000-53-2-2 Dear Mr. Orlowski: I am in receipt of your letter/notice of December 17, 1992. The SEQRA process has been completed in this matter. A negative declaration was made by the Town Trustees. Moreover, the time for the Planning Board to act has long ago expired since this site plan application has been pending for nearly six months. Instead of beginning the SEQRA process on November 23rd, I request that you begin or continue with your site plan approval process so this application may be approved and the applicant may begin construction at the site. Very truly yours, Charles R. cuddy~ CRC:ejc CC: Gerard P. Goehringer, Chairman Board of Appeals John M. Bredemeyer, III President, Board of Trustees victor Lessard, Principal Building Inspector Harvey Arnoff, Town Attorney Linda S. Taggart Merlon Wiggin G~t~Es R. Guppy 180 OD CaDUNTRY ROAD (RTE. 58) December 8, 1992 Mr. Bennett Orlowski, Jr., Chairman and Board Members Town of Southold Planning Board 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Proposed site plan for Linda Taggart Main Road, Greenport Zoning District: Light Industrial (LI) SCTM# 1000-53-2-2 Dear Mr. Orlowski and Board Members: I am in receipt of a'copy of your letter dated December 2, 1992 directed to Merlon Wiggin with reference to the Taggart site plan. While many of the items enumerated are technical in nature and can be added to the plan without entirely changing it, it appears to me that item number 1 requires a significant change of the configuration of the plan. It is undoubtedly within your jurisdiction to waive the 25 foot front yard landscape strip, particularly where the parcel is relatively small. More importantly you had this plan before you for six months and when I appeared at your last meeting you indicated that we should proceed to obtain Health Department certification and certification from the Building Department. Under the circumstances, it is difficult to believe that in six months no member of the staff of the Planning Department reviewed this plan. Your direction to proceed with certification from the above departments was without condition and both the applicant and I understood that the plan as submitted met with your approval. All of the work necessary to submit the plan to the Health Department was completed and then your letter of December 2nd indicated that the plan was to be rearranged. Having made a determination that the plan should be sent to the Health Department, I ask that you now abide by that determination, or else explain in detail why the Board directs an applicant to proceed in one fashion and then countermands its direction without even discussing the matter with the applicant. If this latter situation is adopted then someone also should Chairman, Planning Board of Appeals Town of Southold December 8, 1992 Page 2 explain why the Planning staff did not review this application for more than six months and did not make it abundantly clear at a public meeting that it had not done so (undoubtedly the Board assumed that it had been reviewed since it made a determination to proceed with the Health Department certification). This has made additional expense, loss of time and aggravation for the applicant. The situation could be promptly remedied by the Board's waiving or modifying the front yard landscaping requirement. I would be pleased to hear further from you with respect to this matter. Very truly yours, Charles R. Cuddy~ CRC:ejc cc: Harvey A. Arnoff, Esq., Town Attorney John M. Bredemeyer, III, President, Board of Trustees Kenneth L. Edwards Gerard P. Goehringer, Chairman Board of Appeals ~L~i ~ George Ritchie Latham, Jr. Victor Lessard, Principal Building Inspector Mark $. McDonald Linda A. Taggart, Applicant Richard G. Ward Merlon Wiggin APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Do~en, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 october 20, 1992 To: Mr. Merlon Wiggin, P.E. Peconic Associates, Inc. P.O. Box 672 Greenport, NY 11944 Mrs. Linda Taggart P.O. Box 249 Southold, NY 11971 Re: County Planning Disapproval/Override Appl. Nos. 4117 SE and 4116V (Taggart) Dear Mrs. Taggart and Mr. Wiggin: This letter will confirm that at our Regular Meeting held on October 15, 1992, a resolution was passed by the Board of appeals with a majority plus one vote of the members present, override the County Planning Commission's disapproval of both the above-noted applications. The determinations rendered by the Board of Appeals are, of course, still in full force and effect. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Ricnar~ C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 October 13, 1992 To: Mr. Merlon Wiggin, P.E. Peoonic Associates, Inc. P.O. Box 672 Greenport, NY 11944 Mrs. Linda Taggart P.O. Box 249 Southold, NY 11971 Re: Appl. Nos. 4117SE and 4116V (Taggart) Dear Mrs. Taggart and Mr. Wiggin: Attached is a copy of a disapproval received from the Suffolk County Department of Planning (which is in response to the referral required under the Administrative Code of Suffolk County for projects located within 500 feet of a state or county · highway, park, waterway or its estuaries/firths, etc.). This disapproval effectually places the Zoning Board's determinations in abeyance until the disapproval is able to be overridden by four member votes of the Board of Appeals (majority plus one). The County's disapproval will be reviewed and discussed amongst our board members this week, and we will keep you advised of developments. Very truly yours, Enclosure GERARD P. GOEHRINGER CHAIRMAN Page 27 - Mil Regular Meeting of October 15, Southold Town Board of Appeals 1992 The Chairman proceeded to Agenda Item II-B - RE: COUNTY PLANNING ACTION: After discussions amongst the members, the following action was taken: RESOLUTION OCTOBER 15~ 1992 REGULAR MEETING WHEREAS, the Board of Appeals rendered determinations on August 18, 1992, in the Matter of the Application of LINDA TAGGART for area variances under Appl. No. 4116, and the Application of LINDA TAGGART for a Special Exception under Appl. No. 4117, and filed in the Town Clerk's Office on September 4, 1992; and WHEREAS, pursuant to Section A14-23 of the Suffolk County Administrative Code, a referral was submitted to the Suffolk County Department of Planning, which has jurisdiction within 500 feet of a State or County Road; and WHEREAS, the Suffolk County Department of Planning at its October 7, 1992 Meeting, reviewed the subject area variance application concerning lot area and rear yard setback, and the subject Special Exception application concerning use of the proposed building in this Light-Industrial Zone District; and WHEREAS, at its October 7, 1992 meeting, the "variance application in connection with a special exception" (ref. county planning staff report) was disapproved for the reasons noted in its letter dated October 8, 1992; and WHEREAS, at its October 15, 1992 Regular Meeting, Board Member Richard C. Wilton confirmed that he has become fully familiar with the premises, its lot size, character, topography, etc. as well as the proposed use and building location with setbacks, and existing buildings in the vicinity of this property, that he has personally visited the subject premises, that he has read the entire record, including the verbatim and written portions of the hearing record, and that he is fully familiar with the subject application and its record in all respects; and WHEREAS, the disapproval with six reasons adopted by the Suffolk County Planning Commission was reviewed and discussed at length by all five (5) voting members present, constituting the full Board; and ~age 28- Matter ~Linda Taggart Southold Town Bo~d of Appeals Resolution of October 15, 1992 WHEREAS, it was determined by the Board of Appeals to override the disapproval of both applications No. 4116 and 4117 in the Matter of LINDA TAGGART before the Board of Appeals as adopted October 7, 1992 by the Suffolk County Planning Commission, and REAFFIRMS its decision, with conditions and restrictions as rendered on August 18, 1992, reiterating and reaffirming the same findings and reasons as noted therein; NOW, THEREFORE, on motion by Chairman Goehringer,~ seconded by Member Dinizio, it was RESOLVED, that the Board of Appeals does hereby OVERRIDE the disapproval of the Applications filed in the Matter of LINDA TAGGART concerning premises located along the south side of N.Y.S. Route 25 (Main Road), Greenport, NY; County Tax Map ID No. 1000-53-2-2, under Appl. No. 4116 for area variances and under Appl. No. 4117 for a Special Exception, as rendered October 7, 1992 by the Suffolk County Department of Planning, and the Board of Appeals does hereby REAFFIRM its determinations, with conditions imposed therein, all as rendered by the Board of .Appeals on August 18, 1992. VOTE OF THE BOARD: AYES: Messrs. Doyen, Goehringer, Dinizio and Wilton. NAY: Member Villa. This resolution was duly adopted by a majority-plus-one vote of all the members (five) present. (Vote as required under the Suffolk County Administrative Code was sufficient to pass and override the County's disapprovals of both applications.) DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUffOLK COUNTY EXECUTIVe ARTHUR H. KUNZ DIRECTOR OF PLANNING October 8, 1992 Mr. Gerard Goehringer, Chairman Town of Southold Zoning Board of Appeals Main Road Southold, NY 11971 Re: Applications of "Linda Taggert" (#'s 4116 and 4117SE), Town of Southold (SD-92-12). Dear Mr. Goehringer: Pursuant to the requirements of Sections A14-14 to 23 of the Suffolk County Administrative Code, the Suffolk County Planning Commission on October 7, 1992 reviewed the above captioned applications and after due study and deliberation Resolved to disapprove them because of the following reasons: There are no provisions in the zoning ordinance authorizing such retail use within the light industrial district; It constitutes an apparent infringement upon legislative powers exclusively delegated to the Town Board; It would tend to establish a precedent for further commercial development in the locale along N.Y.S. Rte. 25; There are ample lands in the surrounding area available for retail co~ercial purposes; It contravenes established policy objectives in the Town Master Plan which calls for the discontinuance of strip commercial development within the Town major highway corridors; and Sufficient information has not been submitted to demonstrate compliance with applicable variance criteria. Very truly yours, Arthur H.. Kunz Director of Planning ~. Newman Chief Planner GGN:mb APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD 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 X/V 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~m~[ssion: XXVariance from the Zoning Code, Article XIV , Section 100-142 __Variance from Determination of Southold Town Building Inspector xx Special Exception, Article XIV , Section 100-131B ~Special Permit 4116 & A 1 Appeal No: 4~17~E pp icant: Linda Taggart . Location of Affected Land: 68320 Main Road, Greenport, NY County Tax Map Item No.: 1000-53-2-2 Within 500 feet of: . 'Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) xx State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or __Within One Mile of a Nuclear Power Plant __ Within One Mile of an Airport Comments: Applicant is requesting permission.to recognition of lot with substandard ~ize for variance and Jstablish a retail qift shop for special exception. Copies of Town file and related documents enclosed for your review. Dated: 9/4/92 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Do½en, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 September 4, 1992 Charles R. Cuddy, Esq. 180 Old Country Road P.O. Box 1547 Riverhead, NY 11901-1547 Re: Appl. No. 4116 - Taggart (Recognition of Lot) Dear Mr. Cuddy: Please find attached a copy of the Board's determination rendered in the above matter. Copies of this determination have also been furnished to the Building Department and Planning Board for their permanent records, and to the Suffolk County Department of Planning in accordance with the rules and regulations of the Suffolk County Administrative Code. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Southold Town Building Department Suffolk County Department of Planning Southold Town Planning Board Mr. and Mrs. Thomas Taggart Page 4 - Appl. No. ~6-V Matter of LINDA TAG~ART Decision Rendered August 18, 1992 side property line; (d) 40 feet to the easterly side property line, at its closest points. The first floor elevation is shown to be proposed at eight (8') feet above mean sea level. The percentage of lot area to be covered by the proposed building is 6%. 9. In considering this application, the BOard also finds and determines: (a) the circumstances are uniquely related to the property and are not personal in nature to the landowner; (b) the relief requested is minimal and is not unreasonable in light of the circumstances; .(c) to pursue; there is no other method feasible for appellants (d) the difficulties claimed are sufficient to warrant a grant of the application; (e) the difficulties were not self-created; (f) in view of the manner in which the difficulty arose and in considering all the above factors, the interests of justice will be served by granting the relief. NOW, THEREFORE, on motion by Mr. Dinizio, seconded by Mr. Doyen, it was RESOLVED, to GRANT the relief requested under Appl. No. 4116, as applied, and be it further RESOLVED, that the size of this lot BE AND HEREBY IS RECOGNIZED AND ACCEPTED under the bulk area regulations of the zoning code, as it exists with an area of 15,285 sq. ft., frontage of 89.46 feet, depth of 125.0 feet as more particularly shown on the April 2, 1992 survey map prepared by Roderick VanTuyl, P.C. and rear yard setback at 47 feet, as requested. Vote of the Board: Ayes: Dinizio. Nay: Member Villa. (3-1;. RECEIVED AND FILED BY THE SOUTHOLD TOWN ~)KATE HOUR Messrs. Goehringer, Doyen and This resolution was duly adopted ./GERARD P. GOEHRINGER, C~RMAN // TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF WEDNESDAY, JULY 29, 1992 Board Members Present: Chairman Gerard P. Goehringer Members: Doyen, Grigonis, Dinizio, Villa Secretary for ZBA: Linda Kowalski and approximately 40 persons in the audience. APPEAL #4116 Applicant(s): Linda Taggart Location of Property: 68320 Main Road, Greenport, NY County Tax Map No.: 1000-53-2-2 (Map of Peconic Bay Estates Lot Nos. 185 & 186 The Chairman opened the hearing at 8:30 p.m. and read the Legal Notice and application for the record. CHAIRMAN GOEHRINGER: The most recent site plan is dated July 24, 1992. And, the most recent survey I have as February 20, 1992. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Who would like 'to be heard concerning this? Mr. Cuddy, how are you tonight? MR. CHARLES CUDDY~ ESQ.: Fine, thank you. I am Charles Cuddy, represent Linda Taggart, who is the applicant. First, I would like to say that you should give us some points for not having to go through LaColla and this one on the same night. CHAIRMAN GOEHRINGER: Yes. MR. CUDDY: Linda Taggart is the owner of a parcel of property, which you just said was fifteen thousand two hundred eighty-five (15,285) square feet. On the south or southwest side of the Main Road, as you go to Greenport, just before a road known as Pipes Neck Road. The parcel is in the Light Industrial (LI) district. She has owned the parcel for eight (8) years. Six (6) years in her own name. The Board has I think, the Chairman indicated a site plan, I have some exhibits that I would like to hand up, I'll hand up three (3) at a time, if I may, and then go PAGE 2 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MR. CUDDY (con't.):through them with you in connection with the applications that we have. We have two separate applications--one is for an area variance, the second one is for a special exception. And I would first like to address the area variance. And if I may, I would hand out three (3) maps and to examine them. CHAIRMAN GOEHRINGER: I purposely did not open the Special Exception. MR. CUDDY: But, I just am alluding to it. CHAIRMAN GOEHRINGER: Okay. MR. CUDDY: I am not dealing with CHAIRMAN GOEHRINGER: Okay. MR. CUDDY:Can I ask that these be given out, Maybe I don't, Linda is going to be short.' The first map that I handed you is a tax map of this particular area. This has writing on the top of it, it says 1000 Southold, which is the district number. And this is a tax map that shows this lot as Lot # 2, it is the second lot in from Pipes Neck Road. That is the lot that is in question tonight. One of the reasons I give you this map is because I wish to show that the lots in this area are basically either the size of this lot or 'some of them smaller. 'You will note, that No. 1 on the tax map, which is slightly larger; No. 2, which is ours; No. 15.3, which is North Fork Welding, which is slightly larger; 17.1 and 18 are either the same size or smaller; 19.1 and 20 are both small. The second map that I have given you is a map prepared by VanTuyl, which shows a three hundred (300) foot radius on the various properties around. I think that reinforces the point that I am making. It also shows that the zoning for this area, on this side of the road that is on the south side, is Light Industry (LI). And on the north side is Limited Business (LB). The third map, I think shows that more graphically, it shows all of the zoning in an area approximately a half a mile or more in distance. I would like to address the question of the area variances. Basically, we are asking for an area variance for the rear yard. The rear yard as shown on a map, I believe all of you have from VanTuyl, and it shows that the depth of the building, on the back building line to the end line of the lot is forty-seven (47) feet. In the LI district we need seventy (70) feet. We cannot place our building at any more advantageous site that what we have, because with fifty (50) feet back, which is the minimum requirement. We meet the side yard requirements. And we meet obviously, the front yard requirements. I also would point out to the Board that the frontage is probably a little bit bigger than indicated on the map, because there are two courses in. distances, so the course along the Main Road is about ninety (90) feet. But, at the set back line, we are more than one hundred (100) feet across, so we also need that. We are building a nine hundred (900) square foot building, which is six percent (6%) lot coverage on this lot. And we are asking the Board, essentially for two variances.. We are asking, one that we get I have one for everybody. PAGE 3 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MR. CUDDY (con't.): a sixty-five percent (65%) variance, which is for forty-seven (47) feet; and two, we are asking for something of greater consequence, and that is that this lot of fifteen thousand two hundred and eight-five (15,285) feet be utilized as a separate lot. And the reason I say that, is, there came a time in 1984 when Linda Taggart, then known as Linda Schoenstein, purchased this lot with Joseph Schoenstein. When this lot was purchased, the Schoenstein's also owned the adjoining lot, which is shown on this 15.3 on the tax map. For a period of time, twenty-three (23) months, the lots were merged. That was not known to the Schoenstein's at that time, Subsequently, on advice of their attorney, they conveyed out that lot, so it is just now in Linda Shoenstein's name and is has been for the past six (6) years. And I would hand out to the Chairman two deeds, which I represent our true copies of the first page of the deed showing the conveyance into the Schoenstein's and then showing that Linda Shoenstein has owned this' for the past six (6) years. CHAIRMAN GOEHRINGER: Who owned the property Mr. Cuddy, prior to... MR. CUDDY: It is on the top on that deed, I believe, it is Pekunka's, it is the correct pronunciation. And they conveyed it to the Sehoensteins. CHAIRMAN GOEHRINGER: Did they own the adjacent property of Schonstein .... MR. CUDDY: The Schoensteins at that time owned it, Pekunkas did not. CHAIRMAN GOEHRINGER: Okay. MR. CUDDY: The reason I bring that to the Board's attention is that, obviously, there could be a merger for a period of time. But significantly, at the time they bought this property, which is 1984 through 1988 and 1989, the zoning then in-effect was Light Business (LB) for that area. That is, it was "B" Business. I would only end up in another series of general things to you, but, I think it is important to know that when they bought this, the zoning was twenty thousand (20,000) square feet, and the use was retail use. And that is shown in the old ordinance. And I have obtained copies of the old map and also copy of the bulk schedule in that map. I would like to hand those up too. CHAIRMAN GOEHRINGER: You said this was "B" Light or General "B-i" ? Business MR. CUDDY: I am sorry, I probably said "B" Light, because I thinking of of something else, but I think it was the "B" Business district, whatever I handed out... CHAIRMAN GOEHRINGER: Thirty thousand (30,000) square feet. was PAGE 4 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MR. CUDDY (con't.): "B" Light. CHAIRMAN GOEHRINGER: Okay. MR. CUDDY: In the twenty thousand (20,000) square feet, it would have had more than seventy-five percent (75%) of the necessary coverage. They also would be getting into something that we are going to talk about later, would have been in the retail business. The reason I bring this to you your attention is because at that time I have no doubt, that without any problem whatsoever, the Board would have permitted them to have an area of fifteen thousand (15,000) square feet. I find that hard to believe that because of what I think of an ugly zoning doctrine, which is a doctrine of merger, that they would have a less situation today, then they would have then. Because what that does is penalize the unwary person who purchases a lot, simply .by accident, puts it in one name instead of another name. And that is all that happened here. That happened for a period of time, which I think is relatively short--twenty-three (23) months. I am saying to you that what she wants to do is put a nautical/antique and decorater gift shop of nine hundred (900) feet on the lot that is fifteen thousand two hundred and eighty-five (15,285) feet, in an area that has many lots that size. In an area that is zoned for a much heavier type of use. In an area that has immediately across a street from it, a craft shop. And it has in its vacinity all types of petty uses. I believe that it's appropriate to ask the Hoard for the two (2) variances that we are asking for. One--which is a sixty-five percent (65%) coverage question, which is forty-seven (47) feet back and two--to give us an area variance based on the ownership that we've had and obtained~ And I would point out to the Board something else. I think that it is important to know, that what we are going through is a series of applications. This is a woman who is investing some time and effort in the Town of Southold. You get a small antique shop in the Light Industry (LI) Zone, she is going to make seven (7) separate applications--one for the Zoning Board, the Planning Board, for the NYS DOT, for the NYS DEC, for Health Dept., she is going to end up in the Building Department, and she's finally going to end up before the Building Department and the Planning Board. That is a lot of applications to put up a small shop and would hope that Southold would encourage people doing this type of thing. We certainiy not asking the Board do a lot, but I think this minimum request should be granted. There are other people here, who I know want to talk on behalf of this, and before they do, I would like to hand up a letter from one of the adjoining owners, who is Otto Schoenstein. CHAIRMAN GOEHRINGER: Thank you. MR. CUDDY: I would ask Mr. Chairman that Linda Taggart be heard. CHAIRMAN GOEHRINGER: How do you do? LINDA TAGGART: Good evening. I would like to introduce myself, I am PAGE 5 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 LINDA TAGGART (con't.): Linda Taggart. When I bought this property, way back, it was the intent that eventually in the future I would put a small shop on that land. But, funds weren't available at that time to do so. I did operate an antique shop for many years on the lot right next door to it. And, at that time, I never caused a disturbance in the Town and, you know, everything went ·fine. I did leave that area, because Joe Schoenstein and I had a divorce. And, the property is now owned by him and his brother, but, in my divorce settlement that property was a part of my settlement, so that I would be able to have my antique shop next door, when I could get the funds to put up a small building. So, at the time when I bought it, I didn't know that all these problems existed or the merger. I thought that we had taken care of that years prior. I just wanted you to know that's all I intend to do was a small little shop, which is very attractive to the area, more so than an empty overgrown lot that is there now. I will have at least five (5) parking spaces available. And, at no time did my business warrant more than that. If it did, there would be more antique shops I think. But that is all I intend to do. I am going to operate it myself, I'm not putting a rental in there or anything of that nature. CHAIRMAN GOEHRINGER: This is a one-story building Linda? MS. TAGGART: Yes, it is. CHAIRMAN GOEHRINGER: Okay, before you sit down... Do you have anything else to say? MS. TAGGART: Pardon me? No. CHAIRMAN GOEHRINGER: No, okay. Before you sit down, does anybody have any questions of Mrs. Taggart? No, okay. Thank you. MS. TAGGART: Thank you. CHAIRMAN GOEHRINGER: How do you do sir? Could you kindly state your name for the record? MR. FRANK DOBEK: My name is Frank Dobek. And I live about three hundred (300) feet from the property of Linda's. That property of Linda's and my property that I have now, which I built a house on in 1959 belonged to the same person. And in 1959 til 1977 my in-laws, which owned the property, and I raised a garden on that lot. And, it was a beautiful garden. We had about fifteen (15) different vegetables. The people used to go by, the people used to go by and take pictures of the garden. And, now, and now, it is full of weeds. It is overgrown with weeds, poison ivy, poison oak and included wood ticks. I would like to have this cleared up. If Linda built this nice little building with a lawn and shrubbery, it would beautify the whole neighborhood. Thank you. CHAIRMAN GOEHRINGER: Thank you sir. Is there anybody else? Oh, Mr. Cuddy? PAGE 6 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MR. CUDDY: I was remiss in not mentioning also that we have to go before the Trustees. This application has already been sent to the New York State DEC and the to Town Trustess. And both are considering at this time. CHAIRMAN GOEHRINGER: Thank you. MR. BRUCE GOLDSMITH: My name is Bruce Goldsmith. And I just like go on the record just hoping that Linda can get this use of this property. Thank you. to CHAIRMAN GOEHRINGER: Thank you Bruce. to speak in favor of this application? Is there anybody who would like MR. FRED SCHOENSTEIN: My name is Fred schoenstein. My brother and I have the property to the south of Linda's piece of property. We have the welding shop there. And I would like to say that it would be nice to see Linda be able to do something with this piece of property. I have known her for quite sometime. She is a very hard worker. And I knew when she had bought this piece of property with my brother, at the time when they were together, that her intentions were some day to put a building on it and sell antiques and whatnot. It is unfortunate that it's taking this long to be able to do it for her, but, it sure would be nice to see her able to do this. It is the Main Road, so I mean, it is not like it is some side street in a residential community. It is business property. It's on the Main Road. I couldn't think of a better place to have something like that. And, I would like to say with the economy the way it is, I am sure there will be plenty of masons, electricians, carpenters willing to jump in there and get some work out of this. So, it would be nice to see some activity in the neighborhood, and I wish you all the luck. I hope that you people let her go through with it. CHAIRMAN GOEHRINGER: Thank you very much. MR. JOSEPH SCHOENSTEIN:I am Joseph Schoenstein and I would like to say something in reference to this. When Linda and I did buy the property, we had tried to buy that property prior to that for more space. And I did want it as an investment, by all means. But earlier when I first bought the property from Mrs. Pekunka, I couldn't afford anything else at that time. And, that's the truth. When I first bought the property from her, I had all to do just to handle that. And, of course to start to run a business and make a business successful. And, I struggled for a while, and I, as I started to get my feet on the ground and make a little bit of money, I went to her to ask her if that piece of property was going to be available again. And she had given it to her children in Connecticut, I believe, and she said no, they are thinking of coming here possibly some day and building on it. And I said, okay I understand but if you ever want to sell it, please let me know. I guess it was a couple of years when she came to me and said that the children in Connecticut wanted to sell the piece of property and she was offering me PAGE ? PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MR. J. SCHOENSTEIN (con't.): first chance on it or a chance to divide it, if necessary, if I wanted it. And she told me the price she was asking. And I told her we were very interested and by all means, I could use the space, absolutely. For the welding business, as an investment, whatever. I really feel that that doesn't have a tremendous bearing on the situation, but I definately wanted to buy the piece of property as an investment. My wife at the time was Linda and it was her money that actually bought it from an inheritance, which, at the time of the divorce there wasn't a question about the property what so ever. I mean it was a deal with her and I that she would get the property back. It was her inheritance that bought it and it worked out for us, but I did have intentions by all means, I don't want it to be misleading, to use the property in one way or another, and I want it for storage and I have stored welding supplies or some equipment, some stuff from a commerical fishing boats that we have worked on, on the property with tremendous pain. But that's.., it has gotten to the point where it hasn't been worth it to use it for that. And, I just hope to see that Linda is going to be able to build on it. 'It is a business zoned piece of property. It is on a Main Road, she didn't know it was going to change to Light Industrial (LI) or else, we wouldn't had, I wouldn't have had problems with the welding shop years back, if it was industrial zoned. At the time it was B1 zoned or light business. CHAIRMAN GOEHRINGER: I think we know you guys pretty well, don't we? MR. J. SCHOENSTEIN: Yea, but I wish we had ihe property. But we don't and it's hopefully going to go to some good use and it is a clean use, it is a neat use. I would think it would be in the Town's behalf to consider it. CHAIRMAN GOEHRINGER: It is really nice of you Joe to come up here and tell us that, really. Thank you very much. MR. J. SCHOENSTEIN: Thank you very much. CHAIRMAN GOEHRINGER: Okay, is there anybody else who would like speak in favor? Anybody like to speak against? How do you do sir? Could you state your for the record l~lease. to MR. NICOLETTI: I am Mr. Nicoletti. CHAIRMAN GOEHRINGER: How do you do? MR. NICOLETTI: My land borders her land by two (2) sides. And, what I am mainly interested in here is the lot from what I understand isn't a legal size lot to build. Now, I got a few maps here, that differ from each other and that is what I am concerned about. Can'I approach you people with it?_. CHAIRMAN GOEHRINGER: Sure. PAGE 8 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MR. NICOLETTh This map here is one I had made up, this is all my land in here. This is Joe Schoenstein, this is my piece of land, which is wetlands. I am only paying.. BOARD SECRETARY: You have to speak loud enough so everybody can hear you. CHAIRMAN GOEHRINGER: You are referring to Lot # 190. That's yours, that is what you say is wetlands. MR. NICOLETTI: That is mine and that is considered wetlands. I am paying, I'm taxed on it as wetlands. Their building is suppose to go in here somewhere, but they don't have the proper clearance from the wetlands. And then somebody made this map up, it was amended, this map was amended April 1992 and all of a sudden there 'is a little dotted line through here that gives them the clearance to the wetlands. CHAIRMAN GOEHRINGER: No, no, that is not the clearance. I have the same map, okay. That, they are just showing the distance to wetlands. MR. NICOLETTh This line here... CHAIRMAN GOEHRINGER: That is their property line. They are not... That is your property llne, I mean, that is the end of their property line, okay. And it is forty-seven (47) feet. That is the issue the attorney was bringing up tonight. MR. NICOLETTI: But, this is the wetlands here, where this line... CHAIRMAN GOEHRINGER: That is correct. MR. NICOLETTI: Okay, that is what I was concerned about. This line looked like it was just put in. CHAIRMAN GOEHRINGER: No, no, the Trustees would ask them what is the closest wetland and they would., that is what they did basically. BOARD SECRETARY: You can't see it on that one, it is not... MR. NICOLETTI: It's not on this one either. CHAIRMAN GOEHRINGER: No, it's not on that one. MR. NICOLETTI: The fact that I saw amended and I thought that was put on just to give them.. That cares care of that. In addition to, go back to the mike. CHAIRMAN GOEHRINGER: Yes, please. MR. NICOLETTI: In addition to that sir, we don't know whether she has a legal deed to this land yet. The Town submitted these to her, a PAGE 9 ~ PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MR. NICOLETTI (con't.): Mr. Kessner, let me show you. CHAIRMAN GOEHRINGER: Kassner. MR. NICOLETTI: These things that were suppose to be brought to her, brought to you people arid they haven't received anything yet. In other words, the land is still under both their names. She isn't suppose to legally do anything with it, unless she has a deed to the land. CHAIRMAN GOEHRINGER: Mr. Cuddy, might I give this gentleman a copy of the deed that you gave me tonight? MR. CUDDY: Yes. CHAIRMAN GOEHRINGER: This is a copy of the deed. It appears that it was deeded from Joseph Schoenstein and Linda S. Schoenstein to Linda S. Schoenstein, okay. Of course now she is Linda S. Taggart. Okay. You are welcomed to take that, I will get another one from the attorney. MR. NICOLETTI: I don't know, we just.. The Town said they didn't receive one. BOARD SECRETARY: The Planning Board doesn't have it yet, but we had it in our file. MR. NICOLETTI: Oh, airight. In addition to it not being a legal lot, the main thing here is we have a lot of neighbors here, it is the traffic. The traffic is horrendous. That craft shop that she was talking about across the street turned out to be a lucrative business. There's more cars stopping there than we expected. I have a fire plug in front of my house that is constantly blocked. We had east bound traffic pulling right over on the west bound side. And the neighbors in the area can't get in and out of Pipes Neck, no how, especially on weekends. And that is, and this, like Linda said she hasn't been there '' for a couple of years, we can see the difference without her.antique shop. The two (2) years of traffic is still bad, but not quite as bad. And in addition to that, you have people mulling back and forth across the street. It is just a matter of time before somebody gets killed there. We live right on that corner, we can hear brakes squealing and it is probably going to be some young kid. They stop on my side and the kid bolts across the street and will crash out. And as far as the parking goes, they have been digging to pull up in her place. I don't know whether you's ever pulled into that "7-11" here in Southold, you know that short area, it is very dangerous and that would be similar. I wanted her to put a driveway on the side of her property and my property, going out to the Main Road to pull my boat in and out. I don't dare do it on a weekend. We just can't get in and out of Main Road and to have cars pulling off her property onto Main Road like that, that seems pretty dangerous too. But, like I say, the traffic is the main factor here with the people in the neighborhood. PAGE 10 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 CHAIRMAN GOEHRINGER: I see. MR. NICOLETTI: What is the distance from wetlands? The proper distance to build? CHAIRMAN GOEHRINGER: 239.4. We don't have jurisdiction over wetlands okay, but from water, okay, on the bay side would be seventy-five (75) feet. MR. NICOLETTI: Seventy-five (75) feet. BOARD SECRETARY: The Trustees are seventy-five feet. CHAIRMAN GOEHRINGER: Yes,' the Trustees are seventy-five (75) feet. MR. NICOLETTI: This line that I showed you on there, it wasn't on any Town maps pr anything, this new map, this amended map. I was looking on the Town maps. I was wondering if that line could be moved another fifteen (15) baok, then I will have a buildable lot. That whole piece that I own in the back wouldn't be wetlands either. CHAIRMAN GOEHRINGER: Well, I can't indicate that, what you would have to do is bring a topo into the Trustees and ask them. So that they understood exactly what was available' there. You would have to make an application to the Trustees, because we don't have jurisdiction over that particular aspect. I am not trying to give you a "cop out" here, I am just trying to give you that indication. What else can I tell you? What can we, at this point, put your mind at ease at any one particular issue here. I understand the traffic on the Main Road is bad. There is no doubt in my mind. There are opinions, and I am not speaking for my fellow Board members concerning this particular application. We have had testimony from one-half of the prior owner. When I say one-haif, I mean the couple--Mr. Schoenstein, who indicated that he had stored equipment on the property. The Light Industrial (LI) use is a much '' heavier use than what this lady is applying for. I want to be honest with you and I don't want you to leave here tonight thinking that we want to take all your concerns. I don't have, myself, a particular problem with this application, because it is a lesser intense use. Now, again, I don't know how my fellow Board members feel, okay. I don't know what I can do for you in reference to the traffic on the Main Road. I really don't. The site plan that they have supplied to us appears to be a fairly adequate site plan. The ears get off the road, they park in front of the building. I don't do site plans, we are very simply creating or not creating this particular piece of property, allowing or not allowing this particular use on this particular piece of property. I use the phrase it would be unkind of me because it would be unkind of me to leave you tonight and tell you that I was ready to deny this application, and I am not ready to deny it. We are going to open the Special Exception after the culmination of this hearing. And, if you have any other thoughts, any other concerns that we can interject, imbody into this particular application, I would be very happy PAGE tl PUBLIC HEARING SOUTHOLD ZBA 7/29/92 CHAIRMAN GOEHRINGER (con't.): Mr. Nicoletti, to hear them. And understand your concerns, I sincerely do. I don't even know if the craft shop or what you are referring to across the street is even legal, alright. I realiy don't. I have no idea what kind of permit they have to operate it. I don't know if it is pre-existing, I know I've seen it up there on the weekends, and I have seen cars, you know, stop, and they stop abruptly because they see it. And then they stop abruptly. This doesn't, and I'm not supporting this, but this does not look like that kind of operation, okay. At the same time, I do concur with what you are saying and I concur with the fact that it definately is going to add some traffic to the area. There is no doubt in my mind, okay. I concur with you one hundred percent (100%), but as for that, I don't know what else to say. I am not trying to illicit any information from you, I am just trying to tell you that I'm not necessarily against it. MR. NICOLETTI: I appreciate that, it's just that~ if it is a buildable lot, then I... It is alright with me, but the fact that she is asking for clearance on my side and in the back, that is my property in the back. And I thought, if I had anything to say about it, I would say no, because these cars .are going to be pulling into her place, they are going to be pointing right into my back yard. I am right there. I have a deck in the back, now I'm going to have cars swinging in and out of there. CHAIRMAN GOEHRINGER: That can be taken care of through screening, you would like up to deal with that aspect, I have no problems with that at all. I just want to... MR. NICOLETTI: If it comes to that, yes. I would definately want something like that. CHAIRMAN GOEHRINGER: I just wanted to, it brings me back, and no am I comparing this, but it brings me back to the original application, we have a funeral home on the Main Road in Cutchogue. Well, this Board agonized for exactly five (5) hours over every tree that was placed within that site plan. We spent five (5) hours just in placing trees. I have no problems with that, I will be perfectly honest with you. And we can embody that into the Special Exception aspects of this application. And that doesn't mean that I am asking her to go and buy one hundred and fifty (150) trees either, you know, because that would be unrealistic, the site is much smalier than that. That is a concern, that is a legitimate concern that you just brought up, and I can understand that. Because you have a residence and this is a business, there is no question on my mind. So, we wili open the Special Exception aspect of it and you continue to think if there is anything else that your are concerned with... MR. NICOLETT_I: When will that be. CHAIRMAN GOEHRINGER: Right now. This is only the variance aspect, we are going into the Special ExcePtion, which is the actual use aspect way noW PAGE 12 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 CHAIRMAN GOEHRINGER (con't.): of it, okay. MR. NICOLETTI: Oh, I appreciate your time and we have some more people who would like to say someth/ng. CHAIRMAN GOEHRINGER: Oh sure, let them say it right now, if they like, whether they want to wait for the Special Exception, it is entirely up to you. How do you do ma'am. NANCY FOGARTY: My name is Nancy Fogarty and I am on Pipes Neck Road. And I would just make a suggestion that you come on a Saturday or Sunday and take a look at the craft shop there and see the amount of traffic that's there, because it goes practically down to Drossos. And it's very difficult to get in and out of there on the weekend. And I would suggest that all the Board members go and take a look at that traffic. And, if you can say that that's fine, then okay; Or come down Pipes Neck Road and try to get out there on a Saturday or Sunday afternoon and see how difficult it is. CHAIRMAN GOEHRINGER: Thank you. Anybody else like to speak? Yes ma'am. PATRICIA ECKHARDT: I believe, just to clarify it, it's not so much the moving traffic that we are concerned with, that we have no control over, but it is the parking on both the east and the west. You cannot see what is coming in either direction. And there is a "No Passing" zone between Drossos and the craft shop and that is where the greatest danger is. I have had to pull my car so the nose is out past the white line in that lane. If they can stop the parking, it may alter the whole situation. CHAIRMAN GOEHRINGER: Could I just have your name for the record ma'am. PATRICIA ECKHARDT: Patricia Eckhardt. t live on Pipes Neck Road. CHAIRMAN GOEHRINGER: Thank you. Hearing no further questions, I make a motion... Yes sir? You have something else you would like to add Mr. Cuddy, go ahead sir. will MR. LATSON:My name is Latson, I live out on Island View Lane, part of the Association and I don't... I am President of the Association, but we just made it and there hasn't been time to get information on this and to discuss it with people so I don't speak for them. I only speak for myself and the few people that I've talked to. And we do have, we do wonder that the ninety (90)day law about having no building within ninety (90) feet of wetlands. CHAIRMAN GOEHRINGER: It's seventy-five (75), sir. PAGE 13' ~ HEARING ~!~;LD ZBA 7/29/92 MR. LATSON: What is ninety (90)? CHAIRMAN GOEHRINGER: I have no idea. MR. LATSON: Well, the seventy-five (75) feet then, how that can be forgiven to somebody and not to everybody, unless there is extreme hardship involved. We all live under our rules and there have to be exceptions sometimes for hardship reasons, but I don't see that here. The traffic we know about, that has been spoken of often, and I won't mention that again. The size of the land, is that not one-acre zoning? And to build on the, instead of forty thousand (40,000) feet, it is fifteen thousand (15,000). Why can everybody build on fifteen thousand (15,000) with a little excuse or reason or a complaint or something. Or do we have a rule--one acre, and you must have one-acre if you are going to build. Maybe this is grandfathered in some way, but I don't think legally it would .... Anyway, that is all I have to say. CHAIRMAN GOEHRINGER: For the issue of the seventy-five (75) feet that you are referring to that I corrected you on, this is approximately seventy-eight (78) feet from the meadow. Although the meadow happens to be on Mr. Nicoletti's property. I am not laughing about it, but I mean it is seventy-eight (78) feet. The edge of the building is seventy-eight (78) feet from it. MR. LATSON: I see, I saw it forty-seven (47) feet from.. CHAIRMAN GOEHRINGER: Forty-seven (47) feet to the back, to the rear property line. That is your property. MR. LATSON: That is where the wetlands begins. CHAIRMAN GOEHRINGER: Is that where the wetlands starts, right at the end of the prol~erty. I understand, okay, now. MR. LATSON: So, it is forty-five (45) feet instead of seventy-five (75) feet. CHAIRMAN GOEHRINGER:Yes, forty-seven (47) feet instead of seventy-five (75) feet. Okay, I understand now. That is what I said to you, not having a topo, I am referring to Mr. Nicoletti now, not having a topo of your land, I can't tell you where the wetlands starts, you know what I am saying? MR. LATSON: That is a matter for the .... CHAIRMAN GOEHRINGER: Trustees, Town Trustees MR. LATSON: Thank you. CHAIRMAN GOEHRINGER: Thank you. Mr. Cuddy? PAGE 14 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MR. CUDDY:' I just want to point out to the Board that there is a certain irony in the complaints from residents because this land is zoned by this Town as Light Industry (LI). Houses, residences, are non-conforming uses. They are not permitted uses. These are people complaining they have a non-conforming use and they essentially don't want a permitted use in that particular district. That is an unusual irony, it probably happens very, very seldomly. I would also point out to the Board that Mr. Nicoletti, who owns two lots, owns them singularly and separately, has never merged them. And has done the' very thing they talk .about the astute, sophisticated buyer doing. He purchased one in his name and his wife's name, and he purchased the second in his name. And he holds them that way to date. So, for him to complain about our lot, that may have merged, when he is holding his lots so they will not merge. And holding a small lot is very unsinuating. I offer these two (2) deeds in evidence to show his holdings. (TAPE CHANGED) CHAIRMAN GOEHRINGER: Okay, just Mr. Nicoletti, I know you want reflect on that, Mr. Dinizio, I am sorry Mr. Villa just has one quick question and we will be right back to you, okay. As soon as Mr. Cuddy sits down, don't lose the answer, alright? Or the question, excuse me. to MEMBER VILLA: Knowing my previous background, you mentioned you had a friend at the Health Dept., how are they looking at this lot? MR. CUDDY: No, I said we have an application. We haven't gotten... MEMBER VILLA: You haven't gotten there yet, because Article VI, which went into effect in 1980, that if they were in common ownership, they would be looked at as one (1) lot and considered an illegal subdivision. MR. CUDDY: I understand that would be the position of the Health Dept.'' would probably take, and we would have to ask them to consider an appeal and then go through the same process that we are going through now. BOARD SECRETARY: It is also shown as a separate lot on the County Tax map too. And I think they give waivers for that. They don't anymore? They used to. It is on a 1980 County Tax map. MR. CUDDY: I would point out that continuously this lot has been shown at all times as a separate tax map, never changing. I just thought of one other thing, that we have no objection, in fact, it was our intention to put screening on this lot. I think it would, again use a word too often, but I think it is correct, it would be an irony to have this lot be an extension of a welding company, when you could have an antique shop. It just absolutely wouldn't make sense to me. But, nevertheless, if we can get approval we intend to screen the side of it, so there won't be the problem that Mr. Nieoletti and others .are concerned about. Thank you. PAGE 15 PUBLIC. HEARING SOUTHOLD ZBA 7/29/92 CHAIRMAN GOEHRINGER: Thank you. Mr. Nicoletti? MR. NICOLETTI: If what the attorney said about that piece of land that I bought in the back under my name separately. I bought that land knowing it was wetland and that I could never do anything with it. And I don't intend doing anything with it. I just bought it because it is a piece of land, just in case, later on somebody might say you can fill it in or something. I just bought it for a buffer for myself. I don't intend doing anything with that land, ever. CHAIRMAN GOEHRINGER: Thank you sir. MR. NICOLETTI: And then... That is that piece of land, you have got that. That is all I have to say. CHAIRMAN GOEHRINGER: Thank you sir. Hearing no further comment, make a motion closing the hearing, reserving decision until later. MEMBER GRIGONIS: Second. Ail in favor - AYE. CHAIRMAN GOEHRINGER: I am going to take a short break here, while I move into the next hearing Lorraine A. Miller (Transcribed by tapes recorded on 7/29/92) APPEALS BOARD MEMBERS Gerard P. Goehringcr, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (51.6) 765-1.809 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 ACTION OF THE BOARD OF APPEALS Appl. NO. 4117SE. Application of LIN-DA TAGGART by Peconic Associates, Inc. for a Special Exception to the Zoning Ordinance as authorized by Article XIV, Section 100-141B, for permission to establish retail gift shop in this Light Industrial (LI) Zone District. Location of Property: 68320 Main Road, Greenport; Map of Peconic Bay Estates Lot Nos. 185 and 186; County Tax Map Parcel ID No. 1000-53-2-2. WHEREAS, a public hearing was held on July 29, 1992, and all those who desired to be heard were heard, pro, con and otherwise, and their testimony was made a part of the record; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, applicants request a Special Exception for the establishment and location of'an antique shop, pursuant to Article XIII, Section 100-131B, Article XIV, Section 100-141B of the Zoning Code. 2. The premises in question is located along the southerly side of the Main Road (New York State Route 25 Greenport, Town of Southold, contains a total lot area of 15,285+- sq. ft. and is presently vacant land. in 3. The subject premises is identified on the Suffolk County Tax Maps as District 1000, Section 053, Block 02, Lot 002 and is located in the Light Industrial (LI) Zone District (which extends a depth of 675+- feet from State Route 25 south to the Page 2 - Appl. No. 4117SE Matter of LINDA TAGGART Decision Rendered August 18, 1992 Long Island Railroad, and a total distance of 2-1/2 or more blocks in an east-west direction {along the south side of State Route 25 (Main Road)}. 4. The site plan submitted for consideration and approval shows a proposed one-story frame structure of 932 sq. ft. to be located with the following setbacks: (a) 50 feet from the front property line to the north; (b) 47 feet to the rear property line to the south; (c) 32+- feet to the westerly side property line; (d) 40 feet to the easterly side property line, at its closest points. The first floor elevation is shown to be proposed' at eight (8') feet above mean sea level. The percentage of lot area covered by a building is 6%~ as proposed. 5. This property is and has been shown on assessment records as a separate taxable lot since prior to 1957. There are no legal covenants, restrictions or other documentation existing to show that the parcel was to be stripped of uses (other than welding uses), or that it was prohibited from use a separate parcel or otherwise. In fact, county and town tax and real property records support the owner's intent to keep this parcel as a separate taxable building lot. Also, see Appeal No. 4116 for the August 18, 1992 determination by this Board recognizing and re-confirming its continued, permitted existence with a nonconforming lot area of 15,285 sq. ft. in this Light Industrial Zone District. 6. In the Light Industrial Zone District, the following use categories are permitted by Special Exception: a) Wholesale businesses, warehouses and building material storage and sale, but excluding storage of coal, coke, fuel oil or junk; b) Building, electrical and plumbingcontractors, businesses or yards; c) Cold storage plants, baking and other food processing and packaging plants that are not offensive, obnoxious or detrimental to neighboring uses by reason of dust, smoke, vibration, noise, odor or effluent; d) Research design or development laboratories · ..(special exception); e) Laundry or dry-cleaning plants ... (special exception); f) Drinking establishments; g) Office buildings ...; h) Light industrial uses involving the fabrication, reshaping, reworking, assembly, or combining of products from · i~ ~ Page 3 - Appl. No. 4117SE Matter of LINDA TAGGART Decision Rendered August 18, 1992 previously prepared materials ...uses may include industrial operations such as electronic, machine parts and small component assembly...; i) Conference facilities; j) Public utility structures and uses; k) Printing or publishing plants; 1) Truck or bus terminals {garages, parking facilities, loading docks, etc.} m) Food processing and packaging plants, not including fish processing plants; n) marine items; o) facilities; P) r) required); s) t) u) v) Wholesale and retail sales and repair of boats and Boat building, boat servicing and boat storage Restaurants; Sauerkraut manufacturing plants; Basic Utility Stage II airport (100. acres Bed and Breakfast; Wineries; Agricultural and commercial agricultural operation; accessory and such other uses as proscribed. 7. There is sufficient land available for the required parking spaces. The parking area, egress and ingress, screening and other site plan elements will be reviewed and designated as required by Article XXV of the zoning code. 8. For the record, it is also noted that: (a) this property is a conforming lot resulting from review and action by this Board which did recognize and grant under Appl. No. 4116 area variances pertinent to the size of the land and setbacks for the building proposed herein; (b) the master plan revisions adopted on January 10, 1989 zoned the subject premises from Business to Light Industrial; (c) there has been no literal change in the dimensions and layout of the property since immediately prior to January 1989 or thereafter which might affect the circumstances of the Page 4 -Appl. No. 4117SE Matter of LINDA TAGGART Decision Rendered August 18, 1992 revised master plan. 9. In considering this application, and determines: the Board also finds (a) the proposed use is not dissimilar from the uses currently permitted and existing in the Light Industrial zone provisions, in fact, the merchandise to be sold is on a much smaller scale, smaller size, and lesser intensity than those normally authorized for retail sales and storage in this Light Industrial Zone District {such as boats, trailers, gasoline, engines and engine parts, etc.}; (b) the proposed use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (c) this use proposed will not adversely affect the safety, welfare, comfort, convenience, or order of the town or the community; (d) the use is in harmony with and will promote general purposes of zoning and the intentions of zone regulations; the (e) adjacent to this property on the west is a Light Industrial Zone which is industrially used (welding services, vehicle and equipment storage and repairs, sales related to the welding business, etc.); adjacent on the east side is a Light Industrial Zoned parcel which contains a nonconforming dwelling use; to the north is the State Highway (Route 25); along the northerly side of Route 25 are properties re-zoned to Limited Business and which range from restaurant, miniature golf, motel, light industrial, golf range, and preexisting residential use(s); also in the vicinity of this block are a pizza restaurant, lumberyard, retail sales, equipment repair with outside storage, and wholesaling. Page 5 - Appl. No. 4117SE Matter of LINDA TAGGART Decision Rendered August 18, 1992 (f) the Board has also considered subsections (A) through (F) of Article XXVI, Section 100-263, and (A) through (P) of Section 100-264 of the Zoning Code. NOW, THEREFORE, on motion by Mr. Dinizio, seconded by Mr. Doyen, it was RESOLVED, that a Special Exception BE AND HEREBY IS GRANTED permitting the use proposed of a .932 sq. ft. building for retail sales, SUBJECT TO THE FOLLOWING CONDITIONS: 1) The area for retail use be limited to the size of the building (932 sq. ft.), unless further applications are filed and approvals obtained. 2) . Waiver or permit shall be obtained from the Southold Town Trustees concerning 'the setbacks from wetland areas on and/or near the property; -'- 3) Screening of the property shall be such that there will not be obstruction of view along the front of the property. 4) Ground lighting is recommended (instead of pole lighting); 5) Adequate screening is recommended for approval by the Planning Board which will be sufficient to screen the residence adjoining the property to the east. Vote of the Board: Ayes: Dinizio. Nay: Member Villa. (3-1). Messrs. Goehringer, Doyen and This resolution was duly adopted lk ~ .;'EcTORS :rot Lessard i~ui~ding Inspector 'orris Hutton Inspector ' Ihornas Fisher E:.lding Inspector Gary Fish Building Inspector Vincent R. Wieczorek Ordinance Inspector Robert Fisher Assistant Fire Inspecwr Telephone (516) 765-1802 SCOTT L. HARRIS, Supervisor Southold Town Hall P.O. Box 1179, 53095 Main Road Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF BUMPING INSPECTORil TOWN OF SOUTHOLD JU: TO: FROM: RE: Bennett Orlowski, Jr.,Chairman Victor Lessard, PrinciPal Building Inspector Proposed Site Plan For Linda Tagart 68320 Route 25, Greenport, N.Y. Suff. Co. Tax Map #1000-53-2-2 In response to your memo of June 8th, 1992, the building department feels that the proposed use as indicated is a permitted use with the approval of a Special Excpetion by'the Zoning Board of Appeals. cc to: Zoning Board of Appeals VL:gar BERS 765-1938 Wiggin Peconic Associates, One Bootleg Alley P.O. Box 672 Greenport, NY 11944 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 20, 1992 Inc. SCO"~r L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (:SIf'~ 76~-1x93 9 I.:a~9 ill[~i RE: Proposed site plan for Linda Taggart Main Road, Greenport' Zoning District: Light Industrial (LI) SCTM$ 1000-53-2-2 Dear Mr. Wiggin: The Planning Board has been notified that y~ur client, Mrs. Taggart, plans to obtain a special exception and area and set back variances from the Zoning Board of Appeals', in addition to a minor subdivision and site plan from this Board. If your client proceeds as noted, she will not ha~e to obtain a single and separate search as requested in the Planning Boards letter to you of July 1, 1992. However, the Board of Appeals may require this search as pa~t of their proceedings. If you haye any questions or require further assistance, please contact'this office. ' cc: Very truly yours, Bennett Orlowski, Jr. Chairman Gerard P. Goehringer, Chairman Board of Appeals John M. Bredemeyer, III President, Board of Trustees Victor Lessard, Principal Building Inspector Harvey Arnoff, Town Attorney Linda S. Taggart APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Do.~en, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 October 20, 1992 To: Mr. Merlon Wiggin, P.E. Peconic Associates, Inc. P.O. Box 672 Greenport, NY 11944 Mrs. Linda Taggart P.O. Box 249 Southold, NY 11971 Re: County Planning Disapproval/Override Appl. Nos. 4117 SE and 4116V (Taggart) Dear Mrs. Taggart and Mr. Wiggin: This letter will confirm that at our Regular Meeting held on October 15, 1992, a resolution was passed by the Board of appeals with a majority plus one vote of the members present,ko override the County Planning Commission's disapproval of both the above-noted applications. The determinations rendered by the Board of Appeals are, of course, still in full force and effect. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Page 27 - Minutes Regular Meeting of October 15, Southold Town Board of Appeals 1992 The Chairman proceeded to Agenda Item II-B - RE: COUNTY PLANNING ACTION: After discussions amongst the members, the following action was taken: RESOLUTION OCTOBER 15~ 1992 REGULAR MEETING WHEREAS, the Board of Appeals rendered determinations on August 18, 1992, in the Matter of the Application of LINDA TAGGART for area variances under Appl. No. 4116, and the Application of LINDA TAGGART for a Special Exception under Appl. No. 4117, and filed in the Town Clerk's Office on September 4, 1992; and WHEREAS, pursuant to Section A14-23 of the Suffolk County Administrative Code, a referral was submitted to the Suffolk County Department of Planning, which has jurisdiction within 500 feet of a State or County Road; and WHEREAS, the Suffolk County Department of Planning at its October 7, 1992 Meeting, reviewed the subject area variance application concerning lot area and rear yard setback, and the subject Special Exception application concerning use of the proposed building in this Light-Industrial Zone District; and WHEREAS, at its October 7, 1992 meeting, the "variance application in connection with a special exception" (ref. county planning staff report) was disapproved for the reasons noted in its letter dated October 8, 1992; and WHEREAS, at its October 15, 1992 Regular Meeting, Board Member Richard C. Wilton confirmed that he has become fully familiar with the premises, its lot size, character, topography, etc. as well as the proposed use and building location with setbacks, and existing buildings in the vicinity of this property, that he has personally visited the subject premises, that he has read the entire record, including the verbatim and written portions of the hearing record, and that he is fully familiar with the subject application and its record in all respects; and WHEREAS, the disapproval with six reasons adopted by the Suffolk County Planning Commission was reviewed and discussed at length by all five (5) voting members present, constituting the full Board; and Page 28- Matter of Linda Taggart Southold Town Board of Appeals Resolution of October 15, 1992 WHEREAS, it was determined by the Board of Appeals to override the disapproval of both applications No. 4116 and 4117 in the Matter of LINDA TAGGART before the Board of Appeals as adopted October 7, 1992 by the Suffolk County Planning Commission, and REAFFIRMS its decision, with conditions and restrictions as rendered on August 18, 1992, reiterating and reaffirming the same findings and reasons as noted therein; NOW, THEREFORE, on motion by Chairman Goehringer,- seconded by Member Dinizio, it was RESOLVED, that the Board of Appeals does hereby OVERRIDE the disapproval of the Applications filed in the Matter of LINDA TAGGART concerning premises located along the south side of N.Y.S. Route 25 (Main Road), Greenport, NY; County Tax Map ID No. 1000-53-2-2, under Appl. No. 4116 for area variances and under Appl. No. 4117 for a Special Exception, as rendered October 7, 1992 by the Suffolk County Department of Planning, and the Board of Appeals does hereby REAFFIRM its determinations, with conditions imposed therein, all as rendered by the Board of Appeals on August 18, 1992. VOTE OF THE BOARD: AYES: Messrs. Doyen, Goehringer, Dinizio and Wilton. NAY: Member Villa. This resolution was duly adopted by a majority-plus-one vote of all the members (five) present. (Vote as required under the Suffolk County Administrative Code was sufficient to pass and override~the County's disapprovals of both applications.) L_ ----~nicipality STAFF REPORT ~SECTIONS A 14-14 to 23 OF THE SUFFOLK COUNTY ADMINISTRATIVE CODE Town of Southold File Number SD-92-12 Applicant(s) Linda Taggert Expiration Date October 23, 1992 The Proposal and Its Location Appeal to the Board of Appeals for a variance to diminish lot area/rear yard in connection with a special exception to establish a retail gift shop on lands situate on the south side of Main Road (N.Y.S. Rte. 25) approximately 150 ft. west of Pipes Neck Road in the LI Light Industrial District (light industrial uses on 40,000 sq. ft. lots) at Greenport. Description and Analysis The proposal is to erect a one (I) story frame building comprising 932 sq. ft. on a 15,285 sq. ft. unimproved parcel which has approximately 89 ft. of frontage on Rte. 25 and extends southerly 125 ft. The preliminary site plan calls for one (1) point of vehicular access via Rte. 25 and five (5) parking spaces in the front yard area. In conjunction therewith applicant seeks to diminish lot area from 40,000 sq. ft. to 15,286 sq. ft. and rear yard setbacks from 70 ft. to 46 ft. There are no provisions authorizing such retail uses within the Light Industrial District. Also, sufficient information has not been submitted to establish the legal non-conforming status of the undersized lot through the formal subdivision approval process. On 1/10/89 the Town Board reclassified premises from Business to Light Industrial. Subject property is bounded on the north by Rte. 25; to the east by a single family residence in the "LI" District; to the south by unimproved land in the "LI" District; and, to the west by an welding business also in the "LI" District. It is the belief of the staff that said proposal is inappropriate as: There are no provisions in the zoning ordinance authorizing such retail use within the light industrial district; It constitutes an apparent infringement upon legislative powers exclusively delegated to the Town Board; It would tend to establish a precedent for further commercial development in the locale along N.Y.S. Rte. 25; There are ample lands in the surrounding area available for retail co~nercial purposes; It contravenes established policy objectives in the Town Master Plan which calls for the discontinuance of strip commercial development within the Town major highway corridors; and Sufficient information has not been submitted to demonstrate compliance with applicable variance criteria. Staff Recommendation Disapproval PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 Merlon Wiggin Peconic Associates, One Bootleg Alley P.O. Box 672 Greenport, NY 11944 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 18, 1992 IBC. SCOWl' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 RE: Proposed site plan for Linda Taggart Main Road, Greenport Zoning District: Light Industrial (LI) SCTM# 1000-53-2-2 Dear Mr. Wiggin: This letter will correct the Planning Board's letter to you of July 20, 1992, in which the Board indicated it did not require a single and separate search for the above referenced project. The Board will require that a single and separate search be submitted as part of your clients application as requested in th~ Board's letter to you of July 1, 1992, (copy enclosed). If you have any questions or require further assistance, please contact this office. Very truly yours, Bennett Orlowski, Jr. Chairman Encl. cc: Gerard P. Goehringer, Chairman Board of Appeals J John M. Bredemeyer, III President, Board of Trustees Victor Lessard, Principal Building Inspector Harvey Arnoff, Town Attorney Linda S. Taggart PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Tclephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM TO: Gerard P. Goehringer, Chairman FROM: SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York ~1971 Fax (516) 765-1823 181992 and Members of the Zoning Board of Appe~[ Bennett Orlowski, Jr., Chairman RE: Appeal No. 4117-SE, Linda Taggart SCTM 9 1000-53-2-2 68320 Route 25, Greenport, New York DATE: August 7, 1992 In response to your memorandum dated July 31, 1992, Planning Board would like to emphasize the following considerations that went into its decision to send its memorandum of July 28, 1992. the First, while the concerns mentioned in the memo do go beyond our specific jurisdiction and beyond your specific request for information, the Planning Board is not legally proscribed from making any and all of its concerns part of the public record of the public hearing. Second, the Planning Board was unable to offer detailed comments on the site plan other than what was already communicated to both the applicant and your Board in its letter dated May 21, 1992. The applicant did not supply sufficient information for a more detailed review. Nor is the applicant obligated to do so at this point. We do not force an applicant to pay their money and go forward with an application while a decision is still pending from your Board. This preserves the applicant's option to withdraw and receive a refund, should your Board deny the application or render a decision that is un-satisfactory to the applicant. Third, since the Town Trustees have yet to make a determination as to the location of the wetland line, it would be a waste of the applicant's time and money, as well as ours, to proceed with more detailed drawings. Fourth, your implicit assumption that my staff is operating without this Board's knowledge is incorrect. For the record, at its work session of May 27, 1992, the Planning Board decided that it would not proceed with SEQRAbecause the application was not complete. Staff was specifically directed not to move ahead. The details of this particular case were discussed again by the Planning Board and its staff at subsequent work sessions that were held on July 6th, July 21st, and July 27th. The Board's directions to staff remain as follows: that so long as there are unresolved questions, such as what the official interpretation of the Zoning Board of Appeals is; and whether a merger of lots has occured; and whether a subdivision application must be made, this Board cannot proceed with the environmental review of the site plan application only. To proceed in that fashion would be a segmentation of the project; which case law has made clear will not be tolerated by the courts. I would like to repeat our request for a copy of the Zoning Board's official interpretation (resolution) that this use is a Special Exception and not a use variance. We again call for the initiation of a coordinated environmental review. Finally, please see to it that this request and the July 28th memo are part of the public record for this Appeal. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: SUBJECT: Chairman and Members of the Planning Bo~--~ Gerard P. Goehringer, Chairman, Z.B.A~/~~_.~ July 31, 1992 ~x~ Your Application: Site Plan for Linda Taggart 68320 Route 25, Greenport SCTM ~1000-53-2-2 Your memo of July 28, 1992 has been reviewed. It seems to be concerned with issues that are the jurisdiction of the mBA rather than areas which should be pertinent to your jurisdiction in the site plan application. You will note that our letter of July 14, 1992 requested comments or concerns that you may have concerning the elements of the site plan or general layout of the property and proposed building. This request is sent to you as a courtesy and with the hope that you will cooperate in the coordination efforts under the site plan regulations and send comments at least in a "preliminary fashion." Unfortunately, we have no idea at this point what changes you may recommend -- even though the site plan application has been of town record for more than two months. I am surprised at your lack of involvement under the site plan coordination efforts. We appreciate your points of interest concerning the need for an interpretation of the special exception use. However, you have failed to mention that you have communications in your file from the Building Inspector confirming Special Exception jurisdiction by the ZBA since June 25, 1992 and other communications between our offices. As you know, formal interpretations under Special Exceptions arC made by the mBA after a public hearing has been held and a decision passed. At this time, a final determination has not yet been rendered. You may not be aware that your office chose not to process SEQRA when the application fee and SEQRA documents were delivered. Page 2 - July 31, Re: Site Plan - L Taggart (The application fee was delivered about May 30, 1992, and the SEQRA assessment form on or about June 1, 1992.) In fact, a review and request by our office on the status and procedural intent concerning the site plan project was made on a couple of different dates before we calendared the ZBA applications for public hearings. Delays in processing an application for more than six weeks is not something that is encouraged. Our processing under the zoning regulations will not impair the normal functions of your department, and it is with hope that you will participate in our coordination efforts in the future. We will, of course, provide you with the Board's determinations for your permanent file as we have always done in the past. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCO'IT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: SUBJECT: Chairman and Members of the Planning Board Gerard P. Goehringer, Chairman, Z.B.A. July 29, 1992 Proposed Site Plan for Linda Taggart 68320 Route 25, Greenport SCTM #1000-53-2-2 ZBA Appl. No. 4117SE Your memo of July 28, 1992 has been reviewed. It is assumed that since you have not indicated concerns with the elements of the site plan or general layout of the property and proposed building, we will have no choice but to assume you have no objection to the general layout of the parking, screening, building location, etc. We appreciate your points of interest concerning the need for an interpretation of the special exception use. However, you have failed to mention that you have communications in your file from the Building Inspector confirming Special Exception jurisdiction by the ZBA since June 25, 1992 and communications between our offices. As you know, interpretations under Special Exception reviews are not official until a public hearing has been held and a decision under this process has been passed. Your concerns for reviews by other agencies is appreciated and has been a part of the record. PLANNING BOARD MEMBERS Bennett Orlowski, .Ir., Chairman George Ritchie Latham~ Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 JUL 2 $ ii/il Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Fax (516) 765-1823 TO: From: RE: Gerard P. Goehringer, Chairman and members of the Zoning Boar~. Appeals ~'1 Bennett Orlowski, Jr. Chairman3%' Proposed Site Plan for Linda Taggart 68320 Route 25, Greenport, NY SCTM# 1000-53-2-2 ZBA Appl. No. 4117SE DATE: July 28, 1992 This is in response to your memorandum of July 14, 1992, requesting the Planning Board's comments on this appeal. The Zoning Code does not state that a retail gift shop is a special exception use in the Light Industrial District. Section 100-140 B (1) of the Code says that only wholesale and retail sales and repair of boats and marine items is a special exception use in the (LI) district. However, we understand that the Zoning Board of Appeals has rendered an interpretation that a retail gift shop falls within the above definition of a special exception use. Please forward a copy of the official interpretation, along with the date this interpretation was adopted by resolution of the Zoning Board. A review of the site plan shows that in addition to insufficient area, lot width (frontage) along Main Road, and lot depth, the proposed building does not meet the required rear yard setback. Further, since this appeal involves the potential for subdivision and site plan applications before this Board as well as a wetland permit from the Town Trustees, this appeal should be reviewed by all coordinating agencies, including the County Department of Health and the New York State Department of Environmental Conservation. At this point the Planning Board would like to be lead agent in any coordinated SEQRA review. I'LANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman (icorge Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 Merlon Wiggin Peconic Associates, One Bootleg Alley P.O. Box 672 Greenport, NY 11944 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 20, 1992 Inc. SCO'Iq' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 RE: Proposed site plan for Linda Taggart Main Road, Greenport Zoning District: Light Industrial (LI) SCTM# 1000-53-2-2 Dear Mr. Wiggin: The Planning Board has been notified that.your client, Mrs. Taggart, plans to obtain a special exception and area and set back variances from the Zoning Board of Appeals', in addition to a minor subdivision and site plan from this Board. If your client proceeds as noted, she will not ha~e to obtain a single and separate search as requested in the Planning Boards letter to you of July 1, 1992. However, the Board of Appeals may require this search as part of their proceedings. If you have any questions or require further assistance, please contact this office. cc: Very truly yours, Bennett Orlowski, Jr. Chairman Gerard P. Goehringer, Chairman Board of Appeals John M. Bredemeyer, III President, Board of Trustees Victor Lessard, Principal Building Inspector Harvey Arnoff, Town Attorney Linda S. Taggart PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 Merlon Wiggin Peconic Associates, One Bootleg Alley P.O. Box 672 Greenport, NY 11944 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 20, Inc. SCO'I'I' L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 RE: Proposed site plan for Linda Taggart Main Road, Greenport Zoning District: Light Industrial (LI) SCTM9 1000-53-2-2 Dear Mr. Wiggin: The Planning Board has been notified that y0ur client, Mrs. Taggart, plans to obtain a special exception and area and set back variances from the Zoning Board of Appeals, in addition to a minor subdivision and site plan from this Board. If your client proceeds as noted, she will not ha~e to obtain a single and separate search as requested in the Planning Boards letter to you of July 1, 1992. However, the Board of Appeals may require this search as part of their proceedings. If you have any questions or require further assistance, please contact~this office. cc: Very truly yours, Bennett Orlowski, Jr. Chairman Gerard P. Goehringer, Chairman Board of Appeals John M. Bredemeyer, III President, Board of Trustees Victor Lessard, Principal Building Inspector Harvey Arnoff, Town Attorney Linda S. Taggart APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD INTERDEPARTMENTAL MEMORANDUM SCOTF L. HARRIS Supervisor., Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: SUBJECT: Southold Town Planning Board Attn: Bennett Orlowski, Jr., Chairman Board of Appeals July 14, 1992 Pending Site Plan Reviews : ~ ~QUTHOLDTOWN ..... ~: Iq.ANN Nfl BOARD Below is a list of new projects calendared for public hearings on July 29, 1992 which are pending jointly with your office and ours: Cellular Telephone Co. d/b/a Metro One (Interpretation and Variance, and Special Exception Permit) 1000-108-4-p/o 11 Linda Taggart (Lot size and setback variance; Special Permit) William Goodale and Mattituck Auto Center, Inc. (Special Exception) Richard Goodale and Mattituck Auto Center, Inc. landscape/buffer setback variance) (Front yard Please feel free to submit a letter at this time indicating preferences or other suggestions for alternatives, if any, by the Planning Board under its site plan (or subdivision) regulations: We ask that this request be placed on your July 21, 1992 calendar in order that we may receive your comments by July 28, 1992. We are interested to know whether or not you have suggestions or alternatives to the general plan layout, as filed at this time. A representative from the Planning Board is always welcome to attend the ZBA hearing if you find it should become necessary. You may also prefer to stop in to review other information which may be filed with our office in the interim or speak with Linda, whichever is more convenient, before responding. Thank you for your cooperation in this coordination. lk PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kennelh L. Edwards Telephone (516) 765~1938 %~_~ :~ ~ 63 ~, 53095 Main Road ~ P.O. Box 1179 Southold, New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Fax (516) 765-1823 July 1, 1992 Merlon Wiggin Peconic Associates, Inc. One Bootleg Alley P.O. Box 672 Greenport, NY 11944 RE: Proposed site plan for Linda Taggart Main Road, Greenport Zoning District: Light Industrial (LI) SCTM# 1000-53-2-2 Dear Mr. Wiggin: This letter will supplement the Board's letter to you of June 29, 1992, (copy attached), in reference to the above proposed site plan. If the Board's request for a single and separate search shows that the above referenced lot has been merged with lot # 1000-53-2-15.3, then in addition to the special exception, area and set back variances, and site plan, a minor subdivision application must be filed to subdivide the merged lots. If you have any questions or require further assistance, please contact this office. cc: Very truly yours, Chairman / Gerard P. Goehringer, Chairman Board of Appeals / John M. Bredemeyer, III President, Board of Trustees Victor Lessard, Principal Building Inspector PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD S-?r'~isor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (5161 765-1823 June 29, 1992 Merlon Wiggin Peconic Associates, One Bootleg Alley P.O. Box 672 Greenport, NY 11944 Inc. RE: Proposed site plan for Linda Taggart Main Road, Greenport Zoning District: Light Industrial (LI) SCTM# 1000-53-2-2 Dear Mr. Wiggin: The Planning Board has received notification from the Principal Building Inspector that the use proposed at the above referenced site plan is a permitted use by Special Exception from the Zoning Board of Appeals. The following are required before this Board can give final site plan approval: An application must be made to the Zoning Board of Appeals for a Special Exception and area variance. A single and separate title search is also required. This lot encompasses only 15,285 square feet of land. It is an undersized lot in the Light Industrial Zone, which requires an area of 40,000 square feet per lot. The map of Peconic Bay Estates, created on May 19, 1933, of which this lot was part, is not on the exception list of undersized subdivision lots. If this lot was not in single and separate ownership after September 26, 1967, it is considered merged with the adjoining lot (SCTN# 1000-53-2-15.3.) In addition to the above, approvals must be obtained from the New York State Department of Transportation, New York State Department of Environmental Conservation, and the Suffolk County Department of Health Services. If you have any questions, or require further assistance, please contact this office. cc: Very truly yours, Bennett Orlowski, Jr. -- Chairman Gerard P. Goehringer, Chairman Board of Appeals ~ John M. Bredemeyer, III President, Board of Trustees Victor Lessard, Principal Building Inspector · INSPECTORS Victor Les~ard Principal Building Inspector Curti~ Horton Senior Building Inspector Thomas Fisher Building Inspector Gary Fish Building Inspector Vincent R. Wiec~orek Ordinance Inspector Robert Fisher Assistant Fire Inspector Telephone (516) 765-1802 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD SCOTT L. HARRIS, Supervisor Southold Town Hall P.O. Box 1179, 53095 Main Road Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: Bennett Orlowski, Jr.,Chairman Victor Lessard, Principal Building Inspector RE: Proposed Site Plan For Linda Tagart 68320 Route 25, Greenport, N.Y. Suff. Co. Tax Map #1000-53-2-2 In response to your memo of June 8th, 1992, the building department feels that the proposed use as indicated is a permitted use with the approval of a Special Excpetion by the Zoning Board of Appeals. / cc to: Zoning Board of Appeals VL:gar PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 TO: FROM: RE: Victor Lessard, Principal Building Inspector Bennett Orlowski, Jr., Chairman T~O~'I~5 Proposed Site Plan for Linda Taggart 68320 Route 25, Greenport SCTM# 1000-53-2-2 DATE: June 8, 1992 The Planning Board has received a site plan application on the above referenced project. The project is described in the Full Environmental Assessment Form as the construction of a retail antique and decorative gift shop. The zoning in this district is Light Industrial (LI). The attached Notice of Disapproval dated March 13, 1992, does not indicate the use on the disapproval form. The Planning Board would like to know if this is an allowed use in this zone. TO~,~""/OF SOUTIIOLD BUILDD4G DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL .................... 19 ..~. ...~..~.C.~..~) .... ~ ~f:~..o: ~ ..... ~.~ ~.- County T~x M~p ~o. lO00 S~ction .... 0.~.~ .... Block ... Subdivision ................. FHcd M~p No ....... .......... Lot o .................. iS returned herewith and disapproved on the following grounds .~:~: ~...~.~. .~-~ . ' - "F ' " ' · Rv 178o PLANNING BOARD MEMBERS Bennett OrlowskL Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Merlon Wiggin Peconic Associates, Inc. One Bootleg Alley P.O. Box 672 Greenport, NY 11944 14ay 21, 1992 SCOTI' L, HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (5t6) 765-1823 RE: Proposed site plan for Linda Taggart Main Road, Greenport Zoning District: Light Industrial (LI) SCTM% 1000-53-2-2 Dear Mr. Wiggin: The Planning Board has received your letter of May 12, 1992, and site plan application regarding the above referenced project. The following are required before the Board can proceed: An application must be made to the Zoning Board of Appeals to review whether a retail antiques and decorative gift shop use is allowed in this zone. A single and separate title search is also required. This lot encompasses only 15,285 square feet of land. It is an undersized lot in the Light Industrial Zone, which requires an area of 40,000 square feet per lot. The map of Peconic Bay Estates, created on May 19, 1933, of which this lot was part, is not on the exception list of undersized subdivision lots..If this lot was not in single and separate ownership after September 26, 1967, it is considered merged with the adjoining lot (scTN# 1000-53-2-15.3.) As indicated on the notice of disapproval by the Principal Building Inspector on March 13, 1992, (copy enclosed), action is required by the Zoning Board of Appeals for insufficient total area and rear yard area. Long Environmental Assessment Form, (copy enclosed). Site Plan application fee. In addition to the above, approvals must be obtained from the New York State Department of Transportation, New York State Department of Environmental Conservation, and the Suffolk County Department of Health Services. If you have any questions, or require further assistance, please contact this office. cc: Very truly yours, Bennett Orlowski, Jr. Chairman Gerard P. Goehringer, Chairman Board of Appeals John M. Bredemeyer, III President, Board of Trustees Victor Lessard, Principal Building Inspector TRUSTEES ' John M. Bredemeyer, III. President Albert J. Krupski, Jr., Vice President Henry P. Smith John B. Tulhill William G. Albertson Telephone (516) 765-1892 Fax (516) 765-~823 April 23, 1992 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Merlon Wiggin Peconic Associates, Inc. One Bootleg Alley P.O. Box 672 Greenport, NY 11944 RE: Linda Taggart SC%X.I ~1000-53~2-2 Dear Mr. Taggart: The proposal of Linda Taggart will require a wetland permit from this office. The Board will want no disturbance of vegetation within 25' of the strewn edge on the west side and within 25' of the wetland to the rear. As the wetland to the rear begins approximately 75' to the rear of the building as proposed on the Van Tuyl Survey of November 5, 1991 as amended April 2, 1992, no disturbance will be permitted south of 50' of the rear of the building. As permits will be required of the NYSDEC, you may wish to do a pre-submission conference with them. Ail sanitary systems for this site should be located outside of the jurisdiction of the Trustees and a maximum distance to wetlands. All impervious surfaces must have 2" per hour rainfall containment, or more, as required by the Southold Town Planning Board. John M. Bredemeyer, III President, Board of Trustees JMB: j mt cc: Planning Board Zoning Board Building Dept. ~HN NICOLETTI .~,'~! :~IA IIC~.[TTI. hie vile. IN'~e~tlf residing et: 4S Norris Aveflue. IrefltPood. r,~ 11717 Stot~ ~f N~v Yeti. known end deslgflat~d es Lots 187. I~ end 189 M I ce~ln mp ~tltl~ ~ap of Pe~nlc Bay Es~tes, ~ N~ A'. oM fllfl In t~ Office of ~e Cle~ of t~e C~ty of Suffolk ~ ~y 19, I~ ~r ~ ~. liN: ,£ RI.,OCK EOT 00~.000 I0 2,SA(e! 44,,I ,r~voo 2~ 25 See Artl. See Arti- cle V~ cie VII 35 35 30 35 VILL E OF 6REENPOR' § 100-55.9 SOUTHOLD CODE § 100-60 § 100-55.9. Applicability. All of the provisions of the Code of the Town of Southold not incon- sistent or in conflict with the provisions of this Article shall be appli- cable in the AHD District. ARTICLE VI B Light Business District § 100-60. Use regulations. In a B District, no building or premises shall be used, and no building or part of a building shall be erected or altered, which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses, subject to site plan approval by the Planning Board in accordance with Article XIII hereof. [Amended 10-26-76 by L.L. No. 5-1976; 2-1-83 by L.L. No. 2-1983] (1) Any permitted uses set forth in, and as regulated by, the following provisions of this chapter: (a) Subsection A(2) and (3) of § 100-30. lb) Subsection A(3) of § 100-40. (2) Business, professional and governmental offices. (3) Banks and financial institutions. (4) Retail stores. (5) Restaurants. (6) Bakeshops (for on-premises sale at retail). (7) Lanndromats and similar establishments. (8) Personal service stores and shops. (9) Marinas for the docking, mooring and accommodation of noncommercial boats, including the sale of fuel and oil primarily for the use of boats accommodated in such marina/ 1oo 12.1 HD LIO FI -80 -SHELTER District i000 Section 053.00 Block 02.00 Lot 002.000 CONSUL1' YOUIll LAWY~JF~ ORE SI~NING THIS INSTRUMIENT--THIS INOMEHT SHOULD BE USi~ BY LAWYiiES 348'76 THIS INDF. N'rUR~F., :naUe the of ..i~V .iln~&een hu.dred aadeighcy-four MITCHELL PEKUNKA and ANN~ PEKUNKA, his wife, both residing at 375 Pipes Neck Road, Greenport, New York partyofthefirst part. ~d ~ ~ JOSEPH SCHOENSTEIN an(c` LINDA S. S I 9 SCHOENST~IN, his wife, both-residing at,165 The Short La~e, East- Marion, New York "X~~ parly of the second part, WITNF..~TH, that the party of the first pa~, in consideration of Ten Dollars and other valuable consideratim. paid by the ~rty of the se~nd part, does hereby grant and release unto the party of the se~nd ~rt, the hcir~ or succ~rs and assigns of the party of the second ~rt forever, ALI. t~t certain plot, pi~e or parcel of land, ~th the buildings and improvemen~ ther~n ~ect~, situate, lyingand~ing~ at Arshamomoque, in the Town of Southold, County o~ Suffolk and State of New York, known and designated as Lots No. 18 and 186 on a certain map entitled, "Amended Map 'A' Peconio Bay Estates," and filed in the Office of the Clerk of the County of Suffolk on May 19, 1933 as Map No. 1124. BEING AND INTENDED TO BE the same premises conveyed to the party o the first part by deed from Adam Pekunka and Dominika Pekunka, his wife, also known as Adam Pecunky and Dominica Pecunky, his wife, dated March 20, 1971 and recorded in the Suffolk County Clerk's Of on June 29, ].971 in Liber 6956 page 115. ~ REAL ESTATE JUN 0 1 1984 TRANSFER TAX S U FFOl K COUNTY 'FOGETIIER with all right, title ~, d interest il a.y of e party of tie first ~sart in an r.ads abutting the above described premises to the cen er lin-- .~-- c. -,-c-,c. rc.,~,.~-,, . d to auy slreoz$ ,snd d all Ibc estate a d rights of the party of the first "a- ' -' ' ' ' · ' pp rtcnances t, .~ n anu to sa~a premises; TO HAVE AND TO }lOLl) the premises hereto granted unto the party of the second part. the heirs or succcs the party of the second part forever. $or$ and assigns of AND the party of the first part covenants that the party of the firs{ Part has not done or suffered anything' where:by the said pronisc~ have been cncumb~redJa_any_way · u/hatcher, 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 he applied first for the purpose of paying the cost of the improvement and will apply the same first to the i~ayment of the cost of the improvement before using' any part of the total of the same for any other purpose. The xsx~rd "party" shall be construed as if it read "parties" whenever the sense of this indenture KO requires. IN %VlTNE..%S WHEREOF, he party of the first part has duly executed this deed the day and year first above Miechell Pekunk~.-% nne Pekunka Lll~Lk 0,.,I J ':t rAiL ~ STATS OP NEW YORK, COUNTY O1~ .ql Io]k ssi STATE Ol~ NEW YORK,~INTY OS the ~~1~'t~ May 19 84 , before me On the day of y o{On personall came Mitchell Pekunka and rer~on~llycamc Ann.~Pekunka, his wife to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they executed the Public dOTARY I'USLIC, STATE OF NEW YORK ce~idinl in Sdlslk Co. at t~me BI ip~in~m ~ ~ammission Expires March 30. STATE O$ NEW YORK, COUNTY OF sst On the day of 19 , before me ,personally came ' to me known, who, belaK by me duly sworn, did depose and say that he resides at No, that he is the of , the corporation described in and which executed the foregoinK instrument; that he knows the seal of said corpQratlon; tlmt the se~l affixed to satd instrument ts sue', corporate seal, that rt was so affixed by order of the Ixmrd of directors of said corpora- 6on, and that he sigz~ed h name thereto by like order. 19 , before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed t~e same. STATE OF [MEW YORK, COUHTY OF ss: On the day of 19 , be{ore me personally came ' ' the subscribing witness to the foregoing instrument, with whom ! am personally acquainted, who. being by me duty sworn, did depose and say that he resides at No. that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he. said witness, at the same time subscribed h name as witness thereto. WIIH COVENANT AGAINST GgANIOR'S ACtS T~Cn NO. 84-52-47466 MITCHELL PEKUNKA and ANN~ PEK~ TO JOSEPH SCHOENSTEIN and LINDA S. $CHOENSTEIN. Recorded LI-'].IFE TITLE INSURANCE SECTION BLOCK LOT COUNTY OK TOWN Recorded At Request of F~st Am~;ance Company of New York Robert W. Tasker, Esq. 425 Main Street Greenport, New York 11944 TAX I~IAP ~I~RIGNATION }ist, 1000 %~. 053.00 02.00 I ,,.s): ' 002,000 ' C"~I~SULT YOUR L~WYER BEFO~IGNING THIS INSTRUMENT--THIS INSTRUMI~I~NOULD BE USED BY, LAWYERS ONLY. 10048 P 174 THIS IND .F~J~_RI~ made tile , day et April ninetccu ha.,~eu and eighty-six BE~ JOSEPH SCIIOENSTEIN and LINDA S. SCI10ENSTE~N ~65 The Short Lane .' East Marion, New York ' party of the first part, and LINDA S. SCIIOENSTEIN 165 The Short Lane East Marion, New York party of the second part, WITNF..~-FH, 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 grant and release unto tile party of the second part, the heirs or successors and assigns o{ tire party of the second part forever, ALI. that certain plot, piece or parcel of laud, with the buildings mid improvements thereon erected, situate, lying and being ~ at Arshamomoque~ in the Town of Southold, County of Suffolk and State of New York, known and designated as Lots No. 185 and 186 on a certain map entitled, "Amended blap 'A' Peconic Bay Estates," and filed in the Office of the Clerk of the County of Suffolk on May 19, 1933 as Map No. 1124. · BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed from JOSEPH SCIIOENSTEIN and LINDA S. SCHOENSTEIN dated May 14~ 1984 and recorded in the Suffolk County Clerk's Office on June 1, 1984 in Liber 9574 page 38. 'FOGITFIIER with all right, title and interest, if auy, of the party of the first part i. and to auy streets and r.ads abutting the above described premises to the center lines thereof; TOGETIIEI{ with the appurtenauces sod all the estate and rights of the party of the first part itl and to said premises; TO IIAVE AND TO }lOLl) tire premises herein grauted unto the party of tire second part. the heirs or successors aud assigns of the party of the second part forever. AND the party of the first part covenants that the party o[ the first part has nc,t done or suffered anythiug w!~erchy the said premises h~tve beeu eucnmbered in any wac whatever, exert as aforesaid. AND the party oi the first part, in cmnpliance with Sectiou 13 of the l.ien Law, covenants that the party the first part will receive the consideration for this conveyance and will hold the right 1o receive such consid- eration as a trust fund to be applipd~rst for the purt~se of pa: h~g tfie cost of the improvt~nent and will apply the stone first to the ~yme~of the cost of the improv~lent before using any ~rt o{ rise total of the smn~ any otfier purt~se. - The x~rd "lm~y" shall be constroed as if it read "parties" wheoever the seuse of this indenture so requires. IN W~N~ WH~OF, t~ ~rty of the first part has duly executed this deed the day and year first a~ve written. I~ pR~ENCE OF: ~ ' ~ ~A S. On the of , be{o. personally ~me J~ ~B~-tl~L~ ~ lo me known lo ~ lhe {nd{v{dual s descr{~H {n and w~o execuled lhe ~orego{ng {nslrumenl, and acknowledged thai t{~y ex~u[ed the ~me. STATE OF NEW YORK, COUNTY OF st: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation descrlb~d in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed hy order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. STATE OF NEW YORK, COUNTY OF ssl On the day of 19 , before me personally came to mc known to be the individual descrli~d in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF 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 iworn, did depose and say that he resides at No. ; that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said wimcss, at the same time subscribed h name as witness thereto. SECTION SLOCK LOT COUNTY OE TOWN TAX BILl.lNG ADDRESS Record~l Al Request ol Tm, Or Title Guarantee Company RETURN BT MAIL TO: TICOR TITLE GUARANTEE MICHAEL J. ItALL, ESQ. 1050 Youngs Avenue Southold, New York 11971 4 )00 ~STRICT ~OCK reel 1 ' k3.000 T roel II 5V00 153 :' / CONSULT YOUR LAWYER REFORE SIGHING THIS INSTRUMENT -THIS IH NY SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the 5th day of June , nineteen hundred and seventy-nine BETINEEN MITCHELL PEKUNKA and ANNA PEKUNKA, his wife, both residing 375 Pipe~ ,Neck Road, Arshamomaque, Town of Southold, New York, being the grantees in deed dated March 20, 1971 recorded June 29, 1971 in the office of the Suffolk County Clerk in Liber 6956, cp 115, party of the first part, and JOSEPHt SCHOENSTEIN and LINDA S. SCHOENSTEIN, his wife, both residing at 165 The Short Lane, East Marion, Town Of Southold, New York, ;, DISTRICT SECTION BLOCK LOT . p~ty of the second part, 8 IZ 17 P'S i ~ ~ WITNlrSSETH, 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 grant and release unto the party of tile 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 buildings and improvements thereon erected, situate, lying and being'M-'t~ at Arshan~rmaque, Town of Southold, County of Suffolk and State of New York, bounded and,described as follows: ~BEGINNING at a. point on the southeasterly side of Main State Road distant 239.46 'feet southwesterly from Pipes Neck Road and which said point of beginning is also at the southwest line of land of Pekunka; running thence along land of Pekunka the following 3 courses and distances: 1. South 39© 16' 40" East;35.81 feet;~ 2. South 23° 24' 30" Eastdil08.0 .feet;~ ~.~ 3. South 1© 59' 00" East ~9,04 feet td land of Cowan; thence along land of Cowan the following 2 courses and distances: 1. North 89© 55' 20" West 46.~4 feet; 2. South 30© 24' 20" West 59..55 feet to land of Dobek; thence along land of Dobek, North 59© 35' 40" West 1~5.0 feet to southeast side of Main State Road; thence along the southeast side of Main State Road the following courses and distances: 1. North 30© 24' 20" East 198.59 feet;~ z~,~¢ 2. North 25° 28' 40" East 36.09,'feet t9 the point or place of BEGINNING. the 2 TOGETHER with all right, title and interest, if any, of the party of the first part in and Io an}' streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD thc premises herein granted unto the party of the second part, the heirs or successors and assigns of thc 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 suffered anything whereby the said premises have been encumbered in an)' way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the part)' of thc 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 tile 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 constroed as if it read "parties" whenever the sense of this indentpre so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the da3' and year first above written. IN PRESENCE OF: C_O r D.E.D. A.RIHUR J. FELICE Clerk oI Sui~olk County ' ~' OF SOUTHOLD PROPERTY RECORD CARD- J,~_ ~,1-, ~ ~"° " ,~,'. ' ':'~' .... _~,~,.,,.f.~,. ~,~, r~,.~,,~ . ~.~.,~..~.~../..F ..,~-" ,,,,,.,'...., '..,:.~:::~' ~.,.f.. S " W ¢ ~E OF BUILDIN6 R~. r S~. ~ FA~ CO~. CB. MISC. Mkt. Value ~ND IMP. TOTAL DATE R~RKS / AGE BUI~IN6 C~DITION N~ NOeL BELOW ABOVE I~- Ll~Z2m 1~ '¢ ~,'¢ FA~ Acm V:lue Per Value ~ ' Ac~ ~illable Tillable 2 , Till~ble 3 W~la~ F~AGE ON WATER .. FRO~A6E 0N ROAD ~ '2] ', ;' .... ~',' ,'" '~ ' .'" , ' ' - . , TOWN OF:SOUTHOLn~ PROPERTY RECORD CARD ,~,.,..~.,~-.-,~-~,~::'..,~.,. STREET WLLAGE D'ST.SUB. ~-~ FO~ER OWNER N E S W ~PE OF BUILDIN~ RES. S~S. VL ~ II FA~ COMM. CB. MISC. Mkt. Value ~ND IMP. TOTAL DATE REMARKS I~1~ ~-~ (. ) AGE BUILDING CONDITION N~ NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable 1 Tillable 2 , Till~ 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plot DEPTH BULKH~D Total DOCK .. _~:~__~OWN OF $OUTHOLD PROPERTY RECORD___ CARD~ iO,V~NERr ;, ? ; STREET VILLAGE DIST, SUB LOT RES. S~S. VL FA~ COMM. CB. ~ Mkt. Value ~ND IMP. TOTAL DATE REMARKS (.'~{ ~, ' 4 ~ ~ f,' / ~, /~_ FA~ Acre Value Per Value Acre Tillable Tillable 2 Zill~ 3 Woodlond : Swamplond ,~ ...: ~ FRONTAGE ON WATER ~ / H°use. PI°t DEPTH : / ~ 0 ' ~ BULKH~D Tot~ ~ . DOCK ' ® 150 ) pIPES P/PC P/PCS COVC Legend _1NDA TA~AI2.T ,~ A F~$HAMOMAQIJE F'~ODEI~ICI4 VAN TUVL ~C" .INDA TAGGAP. T [ - / \~',., - . i~ ............. q [ <.1 9 I ,: I .' ' ! ~ l ~,. :,'1 '-4 ~ / ~o.~::.,~ . i ~-~- , ~ ... .'.. 7',". . /? -.._ ~'~ · y/ _ ~.., :~/'-¢. ..... I ..~ · ...../ F/ . '~~' ~ · ' / .; ~ .. ~' / ~' -. ~ ". .L ;' ./ . -~ ...' : .-,, . ~ ,-, . ,: ~ --~-..~ ~ [ District --i000 ,Section '053.00 3lock )2.00 ot 02.000 CONSULT YOUR LAWy( EFOlli SIGNING THIS INSTRUMEHT--THIS IN( THL5 IND~.NTUi'~E, :naue ibc /7/4'[~' day oi BETWF. F-N ..... .~m:~:cn imnured amleighuy-four MITCHELL PEKUNKA and ANNA PEKUNKA, his wife, both residing at 375 Pipes Neck Road, Greenport, New · esiding at 165 The Short L-a~e, East' Marion~ New York ",.Xx · party of the second pan, WITNE..~"TH. t~t the party of the first pa~. in consideration of Ten Dollars and other valuable consideralim. paid by the ~ny of the se~nd ~rt. does hereby grant and release unto the party ot the se~nd pan. the hcir~ or sure,sots and assi~s of the party of the second ~rt forever. ALL t~t certain plot. pi~e or parcel of land. ~th the buildings ~d improvemen~ ther~n erected, situate. lyingand~ing:i~l~ at Arshamomoque, in the Town of Southold, County o~ Suffolk and State of New York, known and designated as Lots No. 18 and 186 On a certain map entitled, "Amended Map 'A' Peconic Bay Estates," and filed in the Office of the Clerk of the County of Suffolk on May 19, 1933 as Map No. 1124. BEING AND INTENDED TO BE the same premises conveyed to t~e party o the first part by deed from Adam Pekunka and Dominika Pe~unka, his wife, also known as Adam Pecunky and Dominica Pecunky, his wife, dated March 20, 1971 and recorded in the Suffolk County Clerk's Of on June.29, ].971 in Liber 6956 page 115. EAL ESTATE JUN 0 1 1984 TRANSFER TAX S U FFnl K COUNTY TOGETIIER with all right, title ,md interest, if auy, of thc party cf the first part maud to auy strc~xs r.ads abuuing the above described prendses to !be center lines thereof; TOGETIIER wi~h the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO }lOLl) the preofises herciu granted unto the party of the second part, the heirs or succes~rs and ~signs the party o! the second part forever. AND the party o[ the first part covenants that the party of the first part has not done or suffered anything whereby the said premises, have been encumbered.iw4~.ny..way ,,vhat~:~,~r, except as aioresaid. AND the party of the first part, in compliance with Secaion 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 ot the total of the same for any other purpose, The word "lkany'' shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WrTNF..5.5 WHEREOF~ the party of the first part has duly executed this deed the day and year first above written. Mitchell Pekunk~.-~ ST&TI Ol~ NEMf YORK. COUNTy eli $( ~olk ,,, STATE OF HEW YORK,( ~NTY O~ Ou the /;~'~y of May Z9 84 , before me On the ~), of personally c:urne Mitchell Pekunka and ~ersonall¥ came Ann.~Pekunka, his wife to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they executed the sane. NOta~ Public ,'rOTARY PUBLIC, STAIE Of NEW YORK I~sMinl in SMl41k co. at llme el aplmin~m~m MT ~mi~ioo Expires March 30. STATE O~ NE~ YORK, COUNTY O~ ssi On the day of 19 , before me ~rsonally ~me " to me known, who, being by me duly sworn, dM de.se say that he resides at No. that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is sue'. corporate seal; that it was so affixed by order of the board of directors of said corpora- tlon, and that he si~ned h name thereto by like order. 19 , before mc to me known to be the individual described in and who executed the foregoing instrument, and acknowiedgcd that executed thc same. STATS OF NEW YORK, COUHTY 01~ ss: 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 to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at thc same time subscribed h name as witness thereto. WII'H COVENANT AGAINST GRANIOR'S AC'IS TITLE lqo. 84-52-47466 MITCHELL PEKUNKA and ANN~ PEK~ TO JOSEPH SCHOENSTEIN and LINDA S. SCHOENSTEIN. Recorded By: U'MFE TITLE INSURANCE Company of Hew YOr~* 127 W. Main Street River~ead, N.Y. 11901 SECTION BLOCK LOT COUNTY OR TOWN Ee~ded At Request if Fbst Ama. an Title Insmance Company o( New York Robert W. Tasker, Esq. 425 Main Street Greenport, New York 11944 -- APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy, is always appreciated. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, Enclosure GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Mailing List of Legal Copies mailed 7/14/92: ce for July 29, 1992 He aengs: Mr. and Mrs. R. P.O. Box 394 East Marion, NY Milne 11939-0394 Mr. and Mrs. Stephen Schmidt 450 Bay Haven Lane Southold, NY 11971 Allen M. Smith, Esq. (Re: 737 Roanoke Avenue P.O. Box 1240 Riverhead, NY 11901-1240 Mr. Merlon Wiggin, P.E. Peconic Associates, Inc. P.O. Box 672 Greenport, NY 11944 Cellular Telephone Co.) Moore & Moore, Esqs. P.O. Box 23 Mattituck, NY 11952 Mrs. Linda Taggart Box 249 Southold, NY 11971 (Re: Cellular Tel.) J. Kevin McLaughlin, Esq. P.O. Box 1210 1050 Youngs Avenue Southold, NY 11971 (Re: Goodale) Charles R. Cuddy, Esq. P.O. Box 1547 180 Old Country Road Riverhead, NY 11901-1547 (Re: LaColla) Mr. and Mrs. F.M. Flynn P.O. Box 144 Southold, NY 11971 (Re: LaColla) Mr. and Mrs. Varnjan Arslanyan Apt. PH-11 - South Building 1055 River Road Edgewater, NJ 07020 Mr. G. Townsend Smyser 302 Prospect Street Ridgewood, NJ 07450 (Re: Arslanyan) Mr. and Mrs. Richard Sherman P.O. Box 1002 Southold, NY 11971 (Re: Arslanyan) Mr. and Mrs. Wilbur C. 527 Paramus Road Paramus, NJ 07652 Allcot Mr. Robert H. P.O. Box 590 Mattituck, NY Whelan, P.E. 11952-0590 (Re: Arslanyan) pursuant to Section 267 of the Town L w and the Code o[ the Town of a hold ti e following matters will r ubl c heanngs be be held fo p soUTIIOLD TOWN 13oARD OF 1l 53095 Main Road, Southold. lla, ,- ,,n';l on WEDNESDAY, JULY 29, 1992 commen g following times: 7:32 p.m. Appl. No. 4118 GLADYS J. MILNE- Variance to the Z n ng Ordinance Article XXIV, Sc°~titm 100-244 1, and Article XX131, Section 100-239.4B for permission to construct deck addition with insuffi- cient side yard setback, insufficient · .' tback from exisdng bulkhead, and ? ~{th lot coverage at more than 20% of the code limitation. Location of 'r~n¥' 240 Knoll Circle, :.E~st~M~v~ar~' ion' County lax Section 37, Block 5, Lot 15; Gar- diners Bay Estates Lot No. 31. 7:37 p.m. AppL No. 4115 STEPIIEN AND ELLA ScIIMIDT. Variance to the Zoning Ordinance, Article xXIV, Section 100-244B for p?m ' suffic chi tear yard setback 40 Bay llaven Lane, Southold, at 3 Lot No 271 "Map of Bay aven Counly Tax Map District 1000, Sec- tlon OB8,131ock 04. Lot 24. 7 40 .m. Appl. No. 4023 -- CEL- LULAI~ TELE ItONE CO. d/bls l::rl~,o ONE. 'lifts is an Appeal of Q ~c March 14, 1991 Notice of Disap- , royal issued by the.Build~egr~A~.cc~; Prm°P~turc for radio transmission, and cation of property: ( ) of Ell ah's and l~d~ide of the Main Road (NYS l,,outc 25), . , ~.,~ subdivision-approved of May 15, 1990; property noW, v :;i,~,.:,,I ~',~'1 ~ecti~,'.' 100-~u~ft) and Article 1[I, Section 100-3113(6) te block build ng and construe- on of a monopolc r~d 'v- mge hone s err ces Loc at,~n Elij .... tvS Route 25), or the Mare ~?a~, u,.~.~,~n on plan- Cutehogue. pproved ')map of May 15. 1990~ property now }formerly of William J. Baxter and County T~x Map Parcel iD No. 1000-108-4-part of I 1. 8:00 p.m. Appl. No. 4116 -- peal of the March 13, 1992 Notice of Disapproval issued by the Build- lng Inspector under Article XiV, Section 100-142 and Article XXIII, Section 100-239.4B for approval or recogniHon of lot with a substandard size of 15,285 sq. ft., lot width (frontage) along the Main Road 76.46 feet, and lot depth 125.0 feet. At the time of transfer of title, the property was located in thc B-Light fiusiness Zone. '[bday, the propecty is located in fl~e Light Industrial (LI) Zoue District. Location of Properly: 68320 Main Road, Greenport; Map of Pcconic Bay Estates Lot Nos. 185 and 186; County 'lax Map Parcel ID No. 1000-53-2-2. 8:15 p.m.'Appl. No. 4117SE -- LINDA TAGGAR'I: Request for a Special Exception under Article XIII. Section 100-13lB, as refer- enced from Article XIV, Section 100-14lB for permission to estab- lish retail gift shop in this Light Industrial (LI) Zone District. Loca- tion of Properly: 68320 Main Road, Grccnport; Map of Pcconic Bay Estates Lot Nos. 185 and 186; Coun- ty Tax map Parcel ID No. 1000-53- 2-2. 8:25 p.m. Appl. No. 4120 -- WILLIAM GOODALE ANI) MAI'- TI'FUCK AUTO CENTER, INC. Variance to the Zoning Ordinance, Article XXI, Section 100-212B for relief from the front yard landscap- ing provisions of the zoning code. Location of Property: 7655 NYS Route 25 (Main P, oad), Laurel, near Mauituck, NY; County Tax Map Parcel No. 1000-122-06-30,1 (previ- ously 30). 8:30 p.m. Appl. No. 4119SE -- RICHARD GOODALE AND MAT- TITUCK AUTO CENTER, 1NC. (Tenant). Special Exception lo the Zoning Ordinance Article X, Section 100-101B(12) for a permit authoriz- ing: fa) a new car sales estab- lishment: (b) an establishment of an accessory use incidental lo Ihe pro- vehicles; (¢) outside display of vehi- cles, (d) accessory office use inet- dental to the new principal use as a tion of Property: 7655 Main Road (NYS Route 25). Laurel, near Mattl- tuck, NY: County Tax Map Parcel No. 1000-122-06-30.1 (prey. 30). 8:45 p.m. (Reconvcned from June 30, 1992) Appl. No. 4091 -- EU- GENE M. LACOLLA. Variance to the Zoning Ordinance, Arlicle III, Section 100-3lA and Il, requesting permission to change use of a poi- lion of the subject pr¢lnises, from tesidenlial to non-residentiM. Loca- tion of Property: North Side of Main Road (S~ate Route 25), at Arshamo- moque near Grcenport, (abutting properties of I[ollisler's Restaurant, Mill Creek Liquors. Thc Pottery Place, etc.): County Tax Map Parcel Nos. 1000-56-4-24 and 19. 9:00 p.m. Appl. No. 4072 -- Appl. No. 4072 -- VARUJAN AND LINDA ARSLANYAN. Appeal of the November 26, 1991 Notice of Disapproval of Ihe Building h~spec- tot for a Variance to the Zoning Or- dinance. Article XXII2, Section 100- 239.4A and Article XXIV, Section 100-244B, or Article III, Section 100-32. for permission to construct swimming pool and deck addition with insufficient sidcyard(s) and with insufficient setback from sound bluff/bank along Ihc ~.ong Island Sound. Location of Properly: 54455 (North Side) of County Road 48, Grecnport; County Tax Map Parcel No. 1000-52-1-8. q~e Board of Appeals will at the above tinge and place hear any and all person~ or representatives desir- ing to be heard concerning these applinatlon~. Writlen comments may also be submitted prior to Iht: con- clusion of the subject hearing, Each hearing will not start before the time designated above. For more infor- mation, please call 765-1809. Daled: July 14, 1992. GERARD P. GOEHRINGER CIIAIRMAN By Linda Kowalski 7442-ITJv16 L STATE OF NI~W YORK) ) SS: COUNTY OF SIJ~'OLK) Co.x-~x_ ~c~/.~-~ of Mattituck, in s~d Co~, bei~ d~y s~m, sa~ ~at he/she is Pr~cipal Clerk of THE S~FOLK TI~, a WeeMy Nempaper, published at ~tflt~k, ~ the To~ of Southold, Co~ty of S~olk and State of New York, and ~at the Notice of w~ ~e ~nexed ~ a p~ted copy, h~ been ~- ly p~lished in ~d Nempaper once ~ch week for ~e weeks successively, commencing on [(~day of~ 19 ~.~ Principal Clerk Sworn to before me this dayof -~ 19 ~)~ CATHERINE A. O'BRIEN Nolary Public, Slate ol New No. 4966586 QuaJilled in Sulblk Ce~/ Commission Expires May 14, 19~/-1, COUNTY OF SUFF STATI:. OF NEW YORK Patricia Wood,' beta§ duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; ,'md that the notice of which the annexed is a printed copy, has been .pul~lis~¢( in said Long Island Traveler. Watchman once each week for . ................... ./., . weeks successively, commencing on the ......... //f~/ '~ c ay, : . . . t ...... 9 ~w.r'n m hefore me Ihis "~ .' .................... clay Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, SJ'~te of New Yorlt No. 480G846 Qualified in Suitolk Cot}ntyl Commission Expires TRUSTEES ' d_ John M. Bredemeyer, III, President Albert J. Krupski, Jr., Vice President Henry P. Smith John B. Tuihill William G. Albertson Telephone (516) 765-1892 Fax (516) 765-1823 TOWN OF SOUTHOLD OCT 21992 i S.E.Q.R.A. t ~ -. NEGATIVE DECLARATION--- NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMEN~ SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 fork 11971 APPLICATION NO. 1000-53-2-2 Chapt. NAME: Linda Taggart Chapt. DATE: July, 30 1992 97 - Wetlands 37 - Coastal Erosion RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southoid Town Trustees, as Lead Agency for the action described below, has determined that the project will not have a significant effect on the environment. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. A planting survey shall be submitted prior to final approval. TYPE OF ACTION: ~/~,I~-~-~ /~ ~o~a;~ ~'~{~ DESCRIPTION OF ACTION: to construct a 24' X 33' single story antique marine and gift shop including access drive and parking as applied for . LOCATION:SC24 ~1000-53-2-2 REASONS SUPPORTING THIS DETERMINATION: 1. An on site inspection has been conducted by the Board of Trustees. 2. An environmental assessment, submitted by the applicant and reviewed and completed by the Board of Trustees, has indicated that no significant adverse effects to the enviromnent are likely to occur should the project be implemented as planned. CC: CAC Merlon Wi¢~Jin APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4116 Project/Applicants: Linda Taggart County Tax Map No. 1000- 53-2-2 Location of Project: 68320 Main Road, Greenport, NY SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 July 29, 1992 Relief Requested/Jurisdiction Before This Board in this Project: Approval or recognition of lot with a substandard size This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: RE: SOUTHOLD TOWN ZONING BOARD OF APPEALS JUDITH T. TERRY. SOUTHOLD TOWN CLERK ZONING APPEAL NO. 4116.LINDA TAGGART DATED: JUNE 29. 1992 Transmitted is application for variance submitted by LINDA TAGGART together with Notice of Adjacent Property Owner. Southold Town Building Department Notice of Disapproval. State Environmental Quality Review Short Environmental Assessment Form. Questionnaire for filing with your ZBA application . Map of Property surveyed for Linda Taggart. Copy of Policy of Title Insurance. TOWN OF SOUTHOLD PROPERTY RECORD $ W ' e' TYPE C~ BUILDING iRES. SEAS. VI- FARM COMM. CB..' MISC. Mkt. Value i LAND IMP. TOTAL DATE RE/v~RKS ~ FA~ Acm Value Per Value Acre Tillable 1 Tillable 3 W~land 5~mp~nd FRONTAGE ON WA~R FRONTAGE ON. ROAD BULKH~ ' TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET ~:~ ~'~)'~__~ VILLAGE DIST. ..,,~ SUB. FORMER OWNER ~ ~ ~O~hs~; ~ N E ACR.-' J--?, :~ RES. S~S. IVL ~// FARM COMM. CB. MISC. Mkt. Value ~ND IMP. TOTAL DATE REMARKS AGE BUILDING CONDITION N~ NOR~L BELOW ABOVE FARM Acre Value Per Value Acre Tillable Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD Ho6s~ Plot DEPTH :BULKH~D Total DOCK QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached. ) LINDA TAGGART OWNER B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes { X} No. Jif Ye_s, pl~A at~,% c. ot~iro~ "condi~nns" of .~e.) C. Are there an7 p~cpo=als to ~°nange or alter land cuntou~? { } Yes {X} No D® 1. Are there any areas which contain wetland grasses? YES 2. Are the wetland areas shown on the map submitted with this application? YES 3. Is the property bulkheaded between the wetlands area and the upland building area? NO 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? YES E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N/A (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fencas which e~i~t and are not ~hown on the survey map that you are submitting? NO 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 parcel? N0 of deeds. any co-owner also own other land close to this If yes, please explain where or submit copies I. Please list present use or operations conducted at this parcel VACANT LAND and proposed use RETAIL ANTIQUES AND DECORATIVE (51~ SHOP and Date 3/87, 10/901~ § 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. 6-1984] w~TLANDS [Amended 8-26-76 by LL. No. 2-1976; 3-26- 85 by LT. Na 6-1985]: -[-~"~'-~' · '? · TIDAL WETLANDS: (I) All ]ands 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 tn banks, bogs. salt marsh, swamps, meadows, fiats or other ]ow 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 cord~rass, high bush. cattails, groundsel, m~rshm~llow and lnw (3) All L~nd immediate~ adjacent to a tidal wetland as defined in Su6section A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANDS: (1) "Freshwater wetlands" ns defined in Article 24. Ti- fie 1, § 24-0107. Subdivisions l(a) to l(d) inclusive. of the Environmental Conservation Law of the State of New York; and (2) All land 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 PROJECT Io1~. ~IUMBE~ Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION ('To be completed by ADDllcant or Project sponsor) 12. pROJECT ,AME I1. APPMC. AN~'~PONSOR RETAIL ANTIQUE & GIFT SHOP I~NDA TAGGART/PECONZC ASSOC[ATES~ INC. t 3. PROJE~ LO~TIO~ M..,~,~=,,~ GR~ENPORT (ROUTE 25) co~.. SUFFOLK 68320'NA[N ROAD, SOUTH SIDE 0F ROUTE 25, GREENPORT 150 FT. ~EST 0F PIPES NECK ROAD $. I$ PROPOSF-D ACTION: · [] Ne-. [::] E:,=,=..~o.[] Modi,c=,o.~=,e.~,on 6. DESCRIBE PROJECT BRIEFLY: CON~TRUCT[0N 0F A 930 SQ. FT. SINGLE STORY BUILDING FOR RETAIL ANTIQUES AND GIFT SHOP SEQR 7. AMOUNT OF LAND AFFECTED: o 35 SPECIAL EXCEPTION AND VARIANCE REQUIRED (LOT SIZE AND REAR YARD) 9. WHAT IS pRESENT LAND USE IN VICINITY OF PROJECT? DOES ACTION INVOLVE A PERMIT APPROVAt. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY [FEDEP. AL. [--~No It ye$, list agency(s) andpermiU~P~ro~als SOUTHOLD TOWN PLANNING BOARD; SOUTHOLD TOWN TRUSTEES; NEW YORK STATE D.0.T.; NEW YORK STATE D.E.C.;. SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES -~2. ,4S A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REOUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED AeOVE IS TRUE TO THE DEST OF MY I(NOWLEOGE ~oo,c=..~oo.~INDA TAGGART/PECON/C ASSOCIATES, INC. I! Ihe action is in the Coastal Area. and you are n state agency, complete Ihe Coa=tal Assessment Form berate proceeding with this assessment OVER project and c/la likely impacts of t_he action. It As not expected that (hi I£ any question has been answered Yes th~ project may be sag- (c) I£ all questions have been answered No it is likely ~.ha= tho prOjeCt As no=significant- (di £nvironmentel Assessme. C 1o Will prOjeCt result in a large physical change ~han lO acres of land? -- 2. Will there be a major chan~e to any unique o= unusua~ land form on the s~ce? . __Yes 4. WAll project have a ootentially large· imoact on . ' grounCuacer quality? -. = drainage flow 5. will project significantly e£'ec . Yes X,~o ~o Will oroject a~fect any threatened or endangered X ?. WAll projec: result in a meier adverse eliot: on .Yes X ~o air quali~y? wilk project have a major e~f~c= on visual char- acre= of the ¢0m.~unity or scenic views or via=as known to be important ~o the cor.muni~y? 9. Will project adversely imoac= any site or · ' oaleon~olcgical environmental area by a local agency? .___Yes X No lO. Will project have a m~jor effect cn existing or future recreational opportunities? ,Yes X No lie Will project reSUlt in major traffic problems cause a ma]or eifeo= ~e existing transporta~Aon .__yes X 12. Will project rcqUlarlY cause objectAonable 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 ce sa~ec~? __Yes X No 14. t~ili pro]cci a~fcct the exiscinq community by '' directly causing a g:owch in permanent popula- tion o~ more chon ~ percent over a one-year Yes X No per,od or have a major negative e~focc on the characc~ of the com=munlt? or nei~borhoo~ 15. ~$ there public controversy concerning the · · Yes X No Preparer's REPRESENTING: LINDA TAGGA___~RT QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached. } LINDA TAGGART OWNER B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes { X} No. (~f Xas, Dlaassa~-h no~x of "conditians" of sale.~ C. Are there =~roposals tu =hange ~r alter land cuntou~? { } Yes {X} No 1. Are there any areas which contain wetland grasses? YES 2. Are the wetland areas shown on the map submitted with this application? YES 3. Is the property bulkheaded between the wetlands area and the upland building area? NO 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? YES E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N/A (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fe~cas which eY!~t ~_nd are not mhown o~ the survey map that you are submitting? N0 If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? N0 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? NO If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel VACANT LAND and proposed use RETAIL ANTIQUES AND DECDRAIIVE GI~I SHOP A~[noriz~d Sign~/~re and Date 3/87, § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southolch TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L..No. 6.1984] wETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 b.v_~,z~ Na ~-19~5]: -[-~,-".'-~' .'J,' tiDAL WET DS: - (I) 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 tn banks. bogs. salt marsh, swamps, meadows, flats or other Iow 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, ground~eL ITiarahm~llow and low (8) All land immediately adjacent to a tidal wetland as defined in Sul~seetion A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24. Ti- fie 1, § 24-0107. Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet- land." as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward ot the most land- ward edge of a "freshwater wetland." 9705 z--~s-ss Policy of Titl' I e nsurance IN CONSIDERATION OF the payment of its cha~es for the examination'of title and its premium for insurance, insures the withi n named ~.n s ~ed against all loss or darnage not exceeding the amount of insurance stated herein and in addilion the costs and expenses of defending the title, estate or irtterest insured, which the insured sl3alt sustain by reason of any defect or defects of rifle affecting the premises described in Schedule A or affecting the interest of the insured therein as herein set forth, Or by reason of un- marketability of the title of the insured to or in the premises, or by reason of liens or incumbrances affecting title at the date hereof, or by reason of any statutory lien for labor or materis~ furnished prior to the date hereof which has now gained or which may hereafter gain priority over the interest insured hereby, or by reason of lack of access to and from the prentises, excepting all loss and damage by reason of the estates, interests, defects, objections, liens, incumbrances and olher matters set fnrtll in $chedule B, or by the conditions of this poJicy hereby incorporated into this co.tract, the loss end the amount to be ascertained in the man/tar provided in said conditions and to be payable upon compliance by the insured with the stipulations of' said conditions, anti not otherwise. IN WITNESS WHEREOF, USLIFE TITLE Insurance Company of New York has caused this policy to be signed and sealed on its date of issue sc~ forth herein. ~Y 2~ '92 08:37NFBT SHELTER ISE~D JOSEPH SCBOENSTEIN AND LINDA S. SCHOENSTEIN, HIS WIFE recorded 6/1/84 in L. 9574 p. P.376 84-52-47466 $12,000.00 10. RIGHTs of tenants Or persons Schedule A $chedtale ~ 7. ANY state of facts a guaranteed Survey of the premises might show. IN the absence of a guaranteed survey, Company does not insure the exact location, courses and dimensions of the premises. ANY state of facts an inspection of the premises would disclose. in possession, if any. 11. POSSIBLE unpaid water charges. i2. RIPARIAN rights and easements of others over Creek. insure such rights in favor of the owner. 13. 13. Company does ~ot NO title is insured to any part of the premises lying below the present or former hfgh water line of Creek. RIGHT of any governmental authority to change the harbor, bulkhead and Pierhead lines Without compensation to the owner. SCHEDULE A {Description} MAY ~8 ?~ 08:3? MFBT SHELT£R ISLAND .4× SCHEDULE A |D cripllon) ALL ~at~rtainplot, pi~e ~ ~r~lofland, withthe ~ildin~ &ndimprovemen~thereonerec~d,~imam, lyingand ~ing at Arshamomogue, in the Town of Southold, County of Suffolk and State of New York, known and designated as Lots No. 185 and 186 oK a certain map entitled, "Amended M~p 'A' Peconic Bay Estates," and filed in the Office of 'the Cle.rk of the County of Suffolk on May 19, 1933 as Map No. 1124. District 1000 Sectfon 053.00 Block 02.00 Lot 002~000 HAY Et8"9~ 08:38 HFBT SHELTER ISLAND '"~"'" ~:onditions -of this Policy '08:39 MFBT SHELTER ISLAMD 7. Aer, ignment et Policy L[~.IFE TITLE INSURANCE Company of New York New York State Offices 125 Maiden Lane, New Yo~ 10~8 212 709 ~ pIP~S COUNT'/ OF SUFFOLK J~... SOUTHOLD 053 LIO R-80 / '"-t SHELTER JOINT APPLICATIOC FOR PERMIT u S ^RM¥ C.e~ OE [] ARTICLE 15, TITLE 3 (AQUATIC PESTICIDES CONTROL) I~6NYCRR 327 (AQUATIC VEGETATION) F~6NYCRR 328 (FISH) [~bNYCRR S29(INSECTS) E~ARTICLE 15, TITLE 15 E]6NYCRR 601 [WATER SUPPLY) r~6NYCRR 602 (LONC ISLAND WELL) F-~ARTICLE 1S, TITLE 27 6NYCRR 666 (WILD, SCENIC AND RECREATIONAL RIVERS) .~ARTICLE 25 6NYCRR 661 [TIDAL WETLANDS) [~ARTICLE 34 6NYCRR 505 (COASTAL EROSION) 1 LIST PREVIOUS PERMIT/APPLICATION NUMBERS AND DATES (If any) 2 APPLICANT IS A, AN [~Owner []Operator r~Lessee E]Municipalitv/Governmental Agency [Check as many as apply) Linda Taggert / Peconic Assoc., MAILING ADDRESS Inc. TELEPHONE [Where can be reached during day) (516 ~ 765-1053 J STATE ZIP CODE N.Y. 11971 P.O. Box 249 POST OEFICE Southold 4 4AME OF []Os~ner []AgenUContact Person (Check one) Pecon~ MAILING ADDRESS P.O Box 672 POST OFFICE STATE ZIP CODE Greenoprt N.Y. 11944 Suffolk I Town o, cS,,~outhold Assoc., inc. ~5161 477-0030 J Village Greenport 68320 Route 25 POST OFFICE STATE ZIP CODE N.Y. 11944 Greenport 6. OF STREAM OR BODY OF WATER N/A J 8 WILL PROJECT UTILIZE STATE LAND? Show work on map and/or drawings [] Public [~ Commercial July '92 August '92 s Enclosed construction of a 24' x 33' single story retail marine antique and gift shop including access drive and parking Southold Town Trustees ~§uU~o°}~/own][°wn ~nning Board Suffolk County Health Dept. JUNE 11, 1992 ~"~-'~? ~ PRES]DENT __ DA~TT /~' ' SICNATURE ~- TITLE TRUSTEES John M. Bredemeyer. III, President Henry P. Smith. Vice President scOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 11'/9 All>eft J. Krupski, Jr. John L. Bednoski. Jr. John B. Tuthill Telephone (516) 765-1892  d, New York 11971 (516) 765-~s23 BOARD OF TOWN TRU~ e (516)765-1800 -6F so o , APPLICATION IS HEREBY ~E TO ~E TO~ ~UST] CO~, NEW YO~, FOR ~E ISSU~CE OF A pE~IT p~su~T TO THE LAWS, ORDIN~CES ~D REGULATIONS GOVE~ING ~E COASTAL ~D INTERIOR ~TL~DS, FLOOD PLAINS ~D DRAINAGE ~EAS OF Sou~OLD TO~, ~D ~E ISSU~CE OF pE~ITS p~su~T TO CHAPTER 32 OF THE cODE OF ~E TO~ OF so--OLD. DATE _ ~une APPLICATION NO. TEL. NO APPLIC~T'S N~E: tinda laqqer% MAILING ADDRESS: ~ 2~9 ~ho~ N.~ ~97~ TEL NO~5~6) 477-0030 AGENT: Peco~iC A55oc. AGENT ADDRESS: ~72 S~e~ or% N.~ pE~IT REQUESTED TO: con5%ruc% a 2~' x 33' 5in le s%or a~%i ue marime and irt 5ho ~cludin access drive and arki~ LOCATION OF PROPERTY FOR REQUESTED PERMIT: 68320 Route 25, Green °r~-n~-9-C%-~ TOWN: Southold TAX MAP NO: 1000- 53-2-2 CREEK, BAY OR HARBOR FRONTING PROPERTY: sIZE .TF PROPOSED WORK: LENGZ~: ~ 80' WIDTH: t 70' N/A (includ~ (including parking and landscaping) ¢ Page 2. YDS. TO BE ExcAVATED: ~ (fors~i~ & YDS. TO BE FILLED: d~ ~lls) MANNER IN WHICH MATERIAL WILL BE REMOVED OR DEPOSITED: topsoil to be stockpiled and used for ]andscapin~ and granular fill WIDTH OF CANAL, CREEK OR BAY FRONTING PROPERTY: N/^ DEPTH AT LOW TIDE: N/A AVER. RISE IN TIDE: N/A DISTANCE TO NEAREST CHANNEL: N/A DISTANCE PROJECT EXTENDS BEYOND SIMILAR PROJECTS IN AREA: N/A AREA ZONING: L I IS PROJECT FOR PRIVATE OR BUS. USE: business INTENDED USE OF PROPERTY: retail antique marine and gift shop DESCRIBE KNOWN PRIOR OPERATIONS CONDUCTED ON PREMISES: none for a long 1~ (g~di~ - ~ildi~ & ~vevent) to be used for slab & drainage system HAS ANY PRIOR LICENSE OR PERMIT BEEN ISSUED TO ERECT STRUCTURES, DREDGE, OR DEPOSIT FILL ON SAID PREMISES: NO HAS ANY LICENSE OR PE~IT EVER BEEN REVOKED OR SUSPENDED BY A GOVERNMENTAL AGENCY: NO DESCRIBE FULLY THE REHABILITATION OF PROPERTY: see site plan DESCRIBE PROPOSED CONDITION OF PROPERTY AFTER WORK IS COMPLETED. INCLUDE AN ADDITIONAL SURVEY OF PROPERTY SITE IF NECESSARY: see site plan ARE THERE ANY COVENANTS OR RESTRICTIONS IN YOUR DEED WHICH WOULD PROHIBIT THIS PROJECT: ~ NO WRITTEN CONSENT OF OWNER IF NOT THE SAME AS APPLICANT: attached COUNI"f OF SUFFOLK ) STATE OF NEW YORK ) BEING DULY SWO DEPOSES AND SAYS THAT HE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMITS, AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS KNOWLEDGE AND BELIEF, AND THAT WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD. THE APPLICANT'AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT, IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT OR REPRESENTATIVE, TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Sfgriature of Ap~l~dt SWORN TO BEFORE ME THIS EXAMINED BY APPROVED DISAPPROVED CONDITIONS (If any) SIGNATURE OF CHAIRMAN COMPUTATION OF FEES Approved 2/27/85 Poet-it '~ brand tax tranemitta! memo 76~, i~-ot ~,o~'* ' /. HAIN ROAD (ROUTE 2~), GREENPDRT, NEW YORK. AU1HORJ ZED BY: NAME l_1 A '1 I' Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD C 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 INTER-DEPARTMENTAL ME5 TO: Supervisor's Office Attn: Paddy Soito FROM: Zoning Appeals Office DATE: May 28, 1992 SUBJECT: Taggart Project at 1000-53-2-2 (LI Zone) This memorandum is in response to your inquiries today concerning the above project. The status of the project should be that the following applications should be filed at this time: 1) Planning Board - Merlon Wiggin, agent for the Taggarts, indicated he is ready for submit the filing fee with the' Planning Board, however, he is awaiting the amount due since there are calculations to be done first by the P.B. personnel. This would permit the applicant to proceed with the Planning Board on the site plan while the other applications are pending and for the PB to start coordination of the SEQRA process. 2) Application to the Town Trustees with filing fee and maps showing the setbacks to wetlands requested in the Town Trustees' letter of April 23, 1992 (attached). A SEQRA determination could then be coordinated with the Planning Board at the same time. 3) The use for retail sales is not prohibited in this LI Zone District. (The first paragraph of the Planning Board's letter of May 21, 1992 is not correct based upon the information given for a decorative gift shop -- which is no more restrictive than a lumberyard or other retail sales, such as boats or marine items. We are not sure why this question wasn't resolved through inter-office staffing and should not have happened.) Page 2 - May 28, 19~_ To: Supervisor's Office Re: Taggart Project 1000-53-2-2 Today, our office received an application for the lot size and setbacks of the proposed building and will be calendared for a public hearing. The applicant should not, however, hold the other two applications aside while this is pending with the ZBA. (Those applications should be filed as well to start the SEQRA process.) cc: Town Attorney's Office  anning Board wn Trustees PECONIC ASSOCIATES, INc. Environmental Planners & Consultants April 8, 1992 Board of Town Trustees Town of Southold Town Ha]1/53095 Main Road P. O. Box 728 SouthoId, NY 11971 One Bootley Alley P.O. Box 672 Greenport, New York 11944 (516) 477-0030 Fax (516) 477-0198 SUBJECT: Retail Antiques and Decorative Gift Shop Linda Taggart 68320 Main Road, Greenport, NY 11944 SCTM # 1000-053-02-02 Dear Members of the Board: Enclosed are four (~) copies of surveys for subject project which a]so delineates partial wetland boundaries. As the locat]on of this boundary shown on the survey Js approximately seventy-five (75) feet from the proposed facility, wou]d you please review same and make a determination as to whether a Wetlands Permit is required. Sincere]y, PECONIC ASSOCIATES, INC. Enc]osures: Merlon E. Wiggin, President Copies of Survey Ph.D.,M.E. cc: Mrs. Linda Taggard File ' * C New York State Department of Environmental Conservation RE: Thomes C. Jorllng '''''°''r ' _ :Il LEAl) ACENCY COORD][NATTON REQUEST The purpose of this request is to determine under Article 8 (State Environ- mental Quality Review - SEQR) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your agency's interest in acting as lead agency; 2. Your agency's jurisdiction in the action described below; and 3. Issues of concern which your agency believes should be evaluated. Enclosed is a copy of the permit application and a completed Part 1 of the Environmental Assessment Form to assist you in responding. Project Name: ~k 7 Project Location: GCc~f4~) i~Y' /kqqq DEC Project Number: DEC Permits: SEqR Classification: Type I [ ] Unlisted DEC Contact Person: DEC Position: [] DEC has no objection to your agency or another agency assuming lead agency status for this action, but reserves the right to comment on this action if a positive determination of significance is made. [] DEC has no objection to your agency or another agency assuming lead agency status for this action, but we have the following concerns regarding this project {see "comments" below). [] DEC wishes to assume lead agency status for this action. ) The proposed action has been identified by DEC as occurring wholly or partially within or substantially contiguous to a critical environmental area {CEA) that was designated by It is the position of this Department that your agency, if it has a juris- diction over the action, should assume the lead agency role based on the existence of the CEA and the fact that the anticipated impacts are primarily of local significance. ~ Other. (See comments below) Comments (Optional): Response: Please respond to this request within 30 days of the date of this letter. If no response is received within 30 days, we will assume that you have no objection to DEC or another agency assuming the role of lead agency, and have no comments to offer regarding the proposed action at this time. If neither'your ~ nor any other involved agency, including DEC, has indicated~ will- ingnes~erve as lead agency within 30 days of this letter~ [ ] We will petitio~he Commissioner. of~-D~C to designate a lead agency for this action. [ ] We will petiti6~-~he Commissioner Jf DEC to designate your agency as ~l.ead~resuming you have jurisdiction. ' ........ Please feel free to contact this office for further information or ' discussion. Enclosures cc: (see distribution list) PART 1--PROJECT INF ~ATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be consi as part of the application for approval and may be subject to further verification and public review. Provide any addi information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not in new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and each instance. , . NAME[ OF ACTION ;Retail Antique and Gift Shop 68320 Route zb, ~reenpor~, ~.~. ill,q, Suffolk NAME OF APPLICANTISPON i/OR Linda Taggert Peconic Assoc., Inc. BUSINESS TELEPHONE (516) 477-0030 ADDRESS P.O. Box 672, One Bootleg Alley CJTYIPO Greenport NAME OF OWNER (if ~illerent} Linda Taggert I ST^~E zm COOE N.Y. 11944 I .USINI=SS TELEPHONE t516 )765-1053 ADDRESS P.O. Box 249 CiTY/PO Southo]d N.Y. 11971 DESCRIPTIONOFACTION construction of retail complete wit~ park!ng, antique and decorative gift shop ]andscaping and utility:service. Please Complete Each Question-Indicate N.A. il not applicable A. ~ite Description Physical setting of overall project, both developed anJ undeveloped areas. 1. Present land use: rlUrban nlndustrial nCommercial rlResidential (suburban) Ii-]Forest n,~griculture [~Other 2. Total acreage of project area: 0.3~ acres. ^PPROXhMATE ACREAGE Meadow or Brushland {Non-agricultural) Forested A. gricultural (Includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) Water Surface Area Unvegetated [Rock. earth or fill] Roads, buildings and other paved surfaces Other (Indicate type) 1 andsc~ped vacant IqRural {noL 3. What is predominant soil type[s) on project site? canadice sJ It loam a. Soil drainage: nWell drained % o1' site IT!,Ntoclerately well drained ?~ % of ~ite ~Poorly drained ~fl % of site - b. II any agricultural land is involved, how many acres Land Classification S~tem? acres (See I NYCRR 370) 4. Are lhere bedrock outcroppings on project site? ~Yes a %N)ha~ is depth to bedrock? ~ (in feel) 'PRESENTLY AFTER COMPLETI 0.35 acres 0.25 a acres a 0 .08 fi acres .02 a ' pproximate percentage at p~-posed project site with slopes: I'~0-1C~. 1 ~ 0 % I-I10-15% ' · J~llS% or greater % ,. Is proiect substantially contiguous to, or contain a building, site, or district, listed on the~State or the Nation Registers of Historic Places? i-lyes ~No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? I-lyes + 8. What is the depth of the water table? - 6 (in feet) 9. Is site located over a primary, principal, or sole source aquifer? I-lyes rgNo . 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? r'qyes 11. Does project site contain any species of plant or an'imal life that is identified as threatened or en/d~ngere~ DYes ,[~No According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formatiol f-lYes r~No Describe 13. Is the project site presently u~ed by the community or neighborhood as an open space or recreation are. EYes [~No If yes, explain 14. Does the present site include scenic views known to be important to the community? I-Wes ~No 15. Streams within or contiguous to project area: N/A a. Name of Stream and name of River to which it is tributary If). Lakes. ponds, wetland areas within or contiguous to project area: a. Name N/A b. Size {In acres) 17. Is the site served by~xisting public utilities? r~Yes DNa a) If Yes, does sufficient capacity exist to allow connectioni' ~Yes I'"INo b) If Yes. will improvements be necessary to allow connection? DYes . J~No 18. Is the site located in ar, agricultural district certified pursuant to Agriculture and Markets Law, A~:ticle 25-A Section 303 and 304? [:]Yes ~No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article of the ECL, and 6 NYCRR 6177 I-lYes ~No 20. Has the site ever been used for the disposal of solid or hazardous wastes? I-lYes lC'iNa r 13. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 0.35 acres. .. b. Project acreage to be developed: 0 . 1 0 acres initially; 0.1 0 acres ultimately· c. Project acreage to remain undeveloped 0.25 acres· d. Length of project, in miles: ~J/J~ (if appropriate) e. If the prolect is an expansion, indicate percent of expansion proposed f. Number of off-street parking spaces existing {') ; proposed ~; g Maximumvehicu]ar tnpsgeneraledper hour 5(eSt.) (upon completion of projectJ? h. If residenual Number and type of housinR, umts: One Family Two Family 6. t.hiple Faro,h,' Condominium Initially UIt~matek' i. Dimt'ns~ons fin leer) of large.st pro. posed structure 1 7 height: ~4 width; 3-3 length. j Line'ar ire: of frontage along n public thorough/3re prelect will occupy i;l _ .. ft. much natural materi/~..e., rock, earth, etc.} will be removed f(~ the site? disturbed areas be reclaimed? ~3Yes I'qNo nN/A a. If yes, for what intend,,: purpose is the site being reclaimed? ] a n d S c a p i n ~ b. Wili top~oil be stockpiled for reclamation? fltlYes (:]No ' ' c. Will upper subsoil be stockpiled for reclamation? tVqyes I-INo 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? O. 08 acres. mature 5. Will any .. forest (over 100 years old) or other locally-important vegetation be removed by this project? I-lYes I~lNo ' ' 6. If single phase project; Anticipated period of construction 2 7. If multi-phased: N/A a. Total numbei' of phases anticipated (number)· b. Anticipated date of commencement phase 1 month c. Approximate completion date of final phase month _ months, (including demolition). / tons/cubic ~vard s year, (including demolition) year. d. Is phase 1 functionally dependent on subsequent phases? []]Yes 8. will 'blasting occur during cons.t..ruction? I-lYes ~0No 9. Number of jobs generated: during construction 5 ; after project is complete 1 . 5 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any p~'ojects or facilities? l-lYes I~No If yes. explain 12. Is surface liquid waste disposal involved? I-lYes ~]No' a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? ~Yes I-lNg. Type sanitary Explain - toilet 15. Is pro'jeer or any portion of project located in a 100 year flood plain? 16. Will the project generate solid waste? I'l~Yes [~No a. mf yes, what is the amount per month 0.1 tons b. If yes, will an existing solid waste facility be used? ILrlYes f-INo Town L'andfi 1 ! ,; location c. If yes, give name d. will any wastes not go into a sewage disposal system or into a sanitary landfilL.' e. I~ Yes, exp)aln ~Yes r'lNo Cutchogue DYes ~VqNo 17. Will the proiect involve the disposal of solid waste? a. If yes, what is the anticipated rate of disposal? b. If yes. what is the anticipated site life? l& Will project use herbicides or pesticides? I-lYes F')Yes I~No tons/month. years. I~No 19. will project routinely produce odors (more than one hour pet day)? I-Iyes ~No 20. Will project produce operating noise exceeding the local ambient noise levels? l-lYes 21. Will proiect result in an increase in energy use? ~Yes E]No elactrlca] I/ yes , indicate type(s) 22 If water supply is from wells, indicate pumping capacity N / A gallons/minute.' 23. Total anticipated water usag~ per day 11 O0 gallons/day. 24. ;Does project involve Loca/,'State 0r Federal funding? ~Yes l"~No -Il Yes. explain ' ' ~qNo ','..Approvals Required: C City, Town,~Board I~Yes I-iNo City, OVillage Planning Board If'lyes I~No City,~'~Zonlng Board E'IYes I-INo City. County Health Department ~Yes I-INo Other Local Agencies ~Yes [}No Other Regional Agencies [}Yes ~]No State Agencies E1Yes i'-lNo Federal Agencies I-lYes [3No C Type - Greenoort Water Site Plan qp~r- i .=, 1 rv~eptinn Sanitary Facilities Town Trustees NY State DEC Submitlal Dale 5-8-9;> 5-t8-92 5-8-92 5-8.~92 C. Zoning and Planning Information 1, Does proposed action involve a planning or zoning decision? ~Yes ENo .~ ' ' If Yes, indicate decision required: nzoning amendment [}zoning variance I~special use permit r'lsubdivision Dsite plan l-lnew/revision of master plan [}resource management plan IL-lother 2. What is the zoning classification(s)of the site? LI Light Industrial 3. YVhat is the maximum potential development of the site if developed as permitted by the present zoning? 30% lot c0vera~e 4. What is the proposed zoning of the site? no chanqe · 5. What is the maximum potential, development of the site if developed as permitted by the proposed zoning? 6. Is the proposed action consistent with /he recommended uses in'~dopted local land use plans? 7. What are the predominant land use[s) and zoning classifications within a ¼. mile radius of proposed action/ Industrial and YesJdentJal 8 Is the proposed action compatible with adjoining/surrounding land uses within a % mile? [-)Yes 1- 9. If the proposed action is the subdivision of land, how many lots are proposed? N/A a. What is the minimum lot s ze.proposed~ 10. Will proposed action require any authorization(s) [or the formation of sewer or water districts? DYes 11. Will the proposed action create a demand for any community provided services [~ecreation, education, poi fire protection)? [}Yes I~No a. If yes, is existing capacity sufficient to handie projected demand? [}Yes r'lNo 12. Will the proposed action result in the generation of traffic significantly above present levels? I-lYes I~NC a. I[ yes, is the existing road network adequate to handle the additional traffic? I'qYes r'lNo D. Informational Details Anach an,,, additional information as may he needud to clarify your project. If ther~ are or m'ay be any ad~ impacts associated with your proposal, please discuss such impacts and the measures wh. ich you propose to tutti,at avord them. IE. V£ rificalion I certify that the information provided above is true to the best of my knowledge. Appli£ant/~ ~kCme ~ ~hh this assessmcnl. Complcle the Coastal Assessment I:orm before procce. TOWN CLERK TOWN OF SOUTHOLD uffolk County New York Phone 516-765-1801 Cash [] 44089 LINDA TAGGART 0 3 4 9 THOMAS A. TAOGART i//~ P.O. ~ox SOUTHOLD, NY 11971 . 5g pAY ~ ~E. >% _ I/ d) / ~ /.), ~ / ~LLARS TRUSTEES ' ' John M. Bmdemeyer, III. President Albert J. Kmpski, Jr., Vice President Henry P.. Smith John B. Tuthill William G. Albenson Telephone (516) 765-1892 Fax (516) 765-1.823 April 23, 1992 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Merlon Wiggin Peconic Associates, One Bootleg Alley P.O. Box 672 Greenport, NY 11944 Inc. RE: Linda Taggart SCTM ~1000-53-2-2 Dear Mr. Taggart: The proposal of Linda Taggart will require a wetland permit from this office. The Board will want no disturbance of vegetation within 25' of the stream edge on the west side and within 25' of the wetland to the rear. As the wetland to the rear begins approximately 75' to the rear of the building as proposed on the Van Tuyl Survey of November 5, 1991 as amended April 2, 1992, no disturbance will be permitted south of 50' of the rear of the building. As permits will be required of the NYSDEC, you may wish to do a pre-submission conference with them. Ail sanitary systems for this site should be located outside of the jurisdiction of the Trustees and a maximum distance to wetlands. All impervious surfaces must have 2" per hour rainfall containment, or more, as required by the Southold Town Planning Board. Very trul~urs, John 14. Bredemeyer, III President, Board of Trustees JMB: jmt cc: Planning Board Zoning Board Building Dept. ! OF HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, JULY 29, 1992 commencing at the following times: 7:32 p.m. Appl. No. 4118 -- GLADYS J. MILNE. Variance to the Zoning Ordinance, Arti- cle XX1V, Section 100-244B, and Article XXIII, Section 100-239.4B for permission to construct deck addition with in- sufficient side yard setback, in- sufficient setback from existing bulkhead, and with lot coverage at more than 20°70 of the code limitation. Location of Proper- ty: 240 Knoll Circle, East Marion; County Tax Map District 1000, Section 37, Block 5, Lot 15; Gardiners Bay Estates Lot No. 31. 7:37 p.m. Appl. No. 4115 - STEPHEN AND ELLA SCHMIDT. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to construct deck ad- dition with an insufficient rear yard setback at 340 Bay Haven Lane, Southold, "Map of Bay Haven" Lot No. 27; County Tax Map District 1000, Section 088, Block 04, Lot 24. 7:40 p.m. Appl. No. 4023 -- CELLULAR TELEPHONE CO. d/b/a METRO ONE. This is an Appeal of the March 14, 1991 Notice of Disapproval issued by the Building Inspector for an Interpretation under Ar- ticle XXlll, Section 100-230 concerning a proposed 104 ft. height of a monopole structure for radio transmission, and in the alternative, appellant re- quests fl variance from the height restriction. Location of Property: (//415) Westerly side of Elijah's Lane and the Norther- ly Side of the Main Road (NYS Route 25), Cutchogue, NY; also shown on Planning Board Subdivision-approved map of May 15, 1990; property now or formerly of Willam J. Baxter and Others; County Tax Map Parcel ID No. 1000-108-4 hart of II. 7:50 p.m. Appl. No. 4022SE -- CELLULAR TELEPHON[ CO. d/b/a METRO ONE. Re- quest for Special Exception ap- proval under Article VIII, Sec- tion 100-8in(l) and Article II1, Section 100-31B(6) for an un- manned telecommunications building in an existing concrete block building and construction of a monopole radio tower with antenna for transmitting and receiving radio signals to provide cellular telephone services. Location of Property: (//415) Westerly side of Elijah's Lane and the Northerly Side of the Main Road (NYS Route 25), Cutchogue, NY; also shown on Planning Board subdivision- appproved map of May 15, 1990; property now or formerly of William J. Baxter and Others; County Tax Map Parcel ID No. 1000-108-4-part of 11. 8:00 p.m. Appl. No. 4116 -- LINDA TAGGART. This is an Appeal'of the Mamh 13, 1992 Notice of Disapproval issued by the Building Inspector under Article XIV, Section 100-142 and Article XXIII, Section 100-239.4B for approval or recognition of lot with a substandard size of 15,285 sq. ft., lot width (frontage) along the Main Road 76.46 feet, and lot depth 125.0 feet. At the time of transfer of title, the property was located in the B-Light Business Zone. Today, the pro- perty is located in the Light In- dustrial (LI) Zone District. Location of Property: 68320 Main Road, Greenport; Map of Peconic Bay Estates Lot Nos. 185 and 186; County Tax Map Parcel ID No. 1000-53-2-2. 8:15 p.m. Appl. No. 4117SE -- LINDA TAGGART. Request for a Special Exception under Ar- ticle XIII, Section 100-13In, as referenced from Article XIV, Section 100-14lb for permission to establish retail gift shop in this Light Industrial {LI) Zone District. Location of Property: 68320 Main Road, Greenport; Map of Peconic Bay Estates Lot Nos. 185 and 186; County Tax Map Pamel ID No. 1000-53-2-2. 8:25 p.m. Appl. No. 4120 -- WILLIAM GOODALE AND MATT1TUCK AUTO CEN- TER, INC. Variance to the Zon- ing Ordinance, Article XXI, Section 100-212B for relief from the front yard landscaping pro- visions of the zoning code. Location of Property: 7655 NYS Route 25 {Main Road), Laurel, near Mattituck, NY; County Tax Map Parcel No. 1000- 122-06-30.1 (previously 30). 8:30 p.m. Appl. No. 4119SE -- RICHARD GOODALE AND MATTITUCK AUTO CENTER, INC. (Tenant). Special Exception to the Zoning Ordinance, Article X, Section 100-10In(12) for a permit authorizing: (a) a new car sales establishment; (b) an establish- ment of an accessory use in- cidental to the proposed new car sales establishment for the sale and/or lease of used vehicles; (c) outside display of vehicles, (d) accessory office use incidental to the new principal use as a new car sales establishment. Loca- tion of Property: 7655 Main Road (NYS Route 25), Laurel, near Mattituck, NY: County Tax Map Parcel No. 1000- 122-06-30.1 (prey. 30). 8:45 p.m. (Reconvened from June 30, 1992) Appl. No. 4091 -- EUGENE M. LACOLLA. Variance to the Zoning Or- dinance, Article Ill, Section 100-3lA and B, requesting per- mission to change use of a por- tion of the subject premises, from residential to non- residential. Location of Proper- ty: North side of Main Road (State Route 25), at Ar- shamomoque near Greenport, (abutting properties of Holfister's Restaurant, Mill Creek Liquors, The Pottery Place, etc.); County Tax Map Parcel Nos. 1000-56-4-24 and 19. 9:00 p.m. Appl. No. 4072 -- VARUJAN AND LINDA ARSLANYAN. Appeal of the November 26, 1991 Notice of Disapproval of the Building In- spector for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A and Article XXIV, Section 100-244B, or Article Ill, Section 100-32, for permission to construct swimming pool and deck addi- tion with insufficient sideyard(s) and with insufficient setback from sound bluff/bank along the Long Island Sound. Loca- tion of Property: 54455 (North Side) of County Road 48, Greenport; County Tax Map Parcel No. 1000-52-1-8. The Board of Appeals will at the above time and place hear any and all persons or represen- tatives desiring to be heard con- cerning these applications. Writ- ten comments may also be sub mitred prior to the conclusion of the subject hearing. Each hear- ing will not start before the times designated above. For more information, please call 765-1809. Dated: July 14, 1992. GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski IX-7/16/92(6) llO;kRD OF AI'PE^I.S, TOWN OF SOU__TIIOI_I_~_D_D. In the Matter or the Petition of tn the TIoard of ~eals of the Town ~f Southold TO: OOSEPH SCHOENSTEZN & ANO. P.O. BOX 547 GREENPORW, N.Y. NOTICE TO ADJACEHT PROPERTY O~'gti E R JOHN NICOLETTI & WIFE 50 PIPES NECK ROAD GREENPORT, N.Y. 11944 YOU ARE tlEREBY GIVEN NOTICE: 1. That it is the intention of tile undersigned to petition the [3oard of Appeals of the Town of Southold to request a (Y?'.~{X,H~E) (Special Exception) (~i[¢X~Tr~,[l~ (~g~) [circle choice] _ VAR] ANC~ 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 3. That tile property which is the subject of such Petition is located in the following zoning district: LI ( LIGHT INDUSTRIAL) . 4 That h~, sucb Petition. the undersigned will request the following relief: AREA AND REAR YARD INSUFFICIENT TOTkL $. That the provisions of tile Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~TV Sect/on .LO0-131R [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-wayC 6. That wid]in five days from tile date hereof, a written Petition requesting the relief specified above will he fi{ed in theSouthold Town Clerk's Officeat Main Road Southold. New York and you ma~ then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the tight to appear and be heard at such hearing. Dated: JULY 1, 1992 PECONIC ASSOCI~ATES, INC. Petitioner Owners ' Names: - -L I .U~D~ mAGtg. A pm _. Post Office Address P.O. ~OX 624 GREENPORT, N.Y. 11944 lei. N0. (516) 477-0030 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOFOF MAll.lNG OF NOTICE ATTACH t':EitTIFIED b'U%IL I{ECE£P'i*S P 895 937 484 Certified Mail Receipt No Insurance Coverage Provided Do not use for International Mail (See Reverse) JOHN NICOLETTI & WIF; 50 PIPES NECK ROAD F~O. State & ZIP Code GRFF, NPORT, N (- 1194 Certified Fee P 895 937 485 Certified M~,iN Receipt No ~nsurance Coverage Provided Do no~ use ~or Internationa~ Mail (See Reverse) rOSEPH SCHOENSTEIN & A: P.O. 547 EO, State & ZIP Code GRFF, NP~PT. ]%f. r. 1 1 Ce~ified Fee I ,o0 Return Receipt Shying STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: LINDA S. TAGGART oresidingat SOUTHOLD,.NEW YORK , being duly sworn, dcposes and says that on the 1st day of JULY ,19 92__,, deponent mailed a true copy of thc 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 thc-United .States Post Of.- rice at GRERMPORT · NEW YORK (certified) (registered) mail. .; that said N~re m~iled to each of sai~/.~ons by' / (This side does not have property owners.) to be completed on form transmitted to adjoining BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of PECONIC ASSOCIATES~ INC. to the Board of Appeals of the Town of Southold TO: JOHN NICOLETTI & WIFE 50 PIPES NECK ROAD GREENPORT, NY 11944 NOTICE - TO ADJACENT PROPERTY OWNER JOSEPH SCHOENSTEIN &ANO. P; O. BOX 547 GREENPORT, NY 11944 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (~i~'KRXK~0~&#) (:~I~I~[IKRt0~I~) (i(:~va~') [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property cribed as foUows: CONSTRUCT A RETAIL ANTIQUES A,,ND DECORATIVE GIFT $1t07, and is des. 3. Thatthe property whichisthesubiect ofsuch Petitionislocatedin thefollowingzoning district: LI (LIGHT INDUSTRIAL) 4 Tha~b¥ such Pelitiun, the undersigned willrequestthefollowingrelief: INSUFFICIENT TOTAL AREA AND REAR YARD .5. That the provisions of the Southold Town Zonin~_g_C_~odle applicable to the relief sought by the under- signed are A:ticle XI¥ ~-=c-r_.i. on /q~n_14R~~-- , F 1 Section 280-A, New York Town Law~'-~6-~aor approval of access over right(s)-of-way: 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the B6ard of A~peals; 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:' APRIL 2, 1992 -'~' PECONIC ASSOCIATES, INC. Petitioner Owners'Names:. LINDA TAGGART Post Office Address P. O. BOX §72 GREENPORT, NY 11944 Tel. No. (516 ) 477-0030 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAM~ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 100 3.19 846 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROV~DE0 NOT FOR INTERNATIONAL MAIL (See Reverse) P. O. BOX 547 P O State and ZIP Code (AEE]'P(AT, NY 11944 Postage Cedlhed Fee tO whom and Date Dehvered Date and Ad~tr~ c P 100 319 847 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR ~NTEENATIONAL MAIL (See Reverse) JOHN NICOLETTI & WIFE stgl~?ES NECK ROAD ~REENPORT, NY 11944 Cerhhed Fee HdV E STATE OF NEW YORK ) COUNTY OF SUFFOLK) .MERhON E. WIGGIN . residing at GREENPORTa NEW YORK , being duly sworn, deposes and says ~hat on ;he 3RD day of APRIL ,19 92 , deponent mailed a true copy of ~he 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- rice az 6REENPORT, NEW YORK ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this day of ~Sflf'p~;- ~ , 19 - ~otary Public JOAN A. JACO3.g lb. 476'2~00 (This side does not have to be completed on form transmitted'to-adjoining property owners.) -! '50L~TI4OLB, tq,y uq?l G. ,F'l FtAP OF Pf opERTY Gur~k/~¥ED 40' 5.3~ ~ 5 30' '-A/. (VACAiWT) · , /x 00 LU J !g- II4,77 SUFFOLK £O. HEALTH DEPT. APPROVAL H S NO, STATEMENT OF INTENT THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF THE SUFFOLK CO. DEPT Of HEALTH SERVICES APPLICANT SUFFOLK COUNTY SERVICES -- FOR CONSTRUCTION ONLY DATE; H. S. REF, NO APPROVED DEPT. Of APPROVAL SUFFOLK CO. TAX MAP DESIGNATION: DIST, SECT 8LOCK PCb lDO0 OSB Z ~ DEED: L. f'4/A, p. TEST HOLE STAMP SEAL BOARD OF APPEAL~: TOWN OF SOUTHOLD In the Matter or the P~ion of PECONIC ASSOCIATES, IN~x~ : : to the Board of Appeals of the Town ~{ Southold : TO: JOSEPH SCHOENSTEIN & ANO. P. O. BOX 547 GREENPORT, NY 11944 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petitJo~t,~he Board to request a (~/X~xi~x~x) (Special Exception) (~Kgl(~r)~j(l[) Variance '~ NOTICE TO ADJACENT · PROPERTY OWNER J~HN NICOLETTI & WIFE /50 PIPES NECK ROAD ? GREENPORT, NY 1~944 of Appealsof~eTownofSouthoSd [circle choice] 2. That the property which is the subject of the Petition is located ~dlacent to your property and is des- cribed as follows: CONSTRUCT A RETAIL ANTIQUES AND DECORATIVE GIFT SHOP. That the property which is the subject of such Petition is located in the following zoning district: LI (LIGHT INDUSTRIAL/ That by such Petitiun, the undersigned will request the following relief: INSUFFICIENT TOTAL AREA AND REAR YARD 5. That the provisions of the Southold Town.~oning Code a~olicable to the relief sought by the under- signed are Article XIV Section ~ 100-~31B [ ] Sec%ion 280-A, New York Town Law for approYal of ~ccess over right(s)-of-way] 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southoid Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (5].6) 7~5-].809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appea~s; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mat6tuck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the Hght to appear and be heard at such hearing. Dated: APRil ~_ 19q? PECONIC ASSOCIATES~ INC. Petitioner Owners'Names: LINDA TAGGART Post Office Address P. O. BOX 624 GREENPORT, NY 11944 Tel. No. (516) 477-0030 [Copy of sketch or plan purposes.] showing proposal to be attached for convenience NAM~ PROOF OF MAll,lNG OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS 100 319 845 RECEIPT FOR CERTIFIED MAIL NICOLE-I-FI & WIFE ~T, NY 11944 P 100 319 844 ~£C~PT FC)~ C~TIFt~ MA~L STATE OF NEW YORK ) COUNTY OF SUFFOLK) [~ERLON E~ WIGG~N , residing at GRFFNPORT. NEW YORK , being duly sworn, deposes and says that on the 3RD day of APRIL , ] 9 92 , 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 Soulhold; that said Notices were mailed at the United States Post Of- ficeat GREENPORT, NEW YORK (certified) (registered) mail. Sworn to before me this day of ,~r~ t, , 19 / ~ ' ~..~l~.r~lR~ic ;that said Notices were mailed to each of said persons by (This side does not have to be completed on form transmitted to. adjoining property owners.) GI?-OV E col~ S.CALE- t00' t ZONE ~.-80-~ ZONE LB -4 L~ CIACIA frS?AT6 ~,1, co STA5 h'IAF OF PROPERTY SURVEYED FO~ POLe 496 ?AV~eNT STATE) SUFFOLK CO HEALTH DEPT. APPROVAL H S NO H, S. REF. NO.: APPROVED: DEPT OF HEALTH APPROVAL FOR Il/ ~'~,.,. "/ . F('~: _ .- :cPr~...~,~9'~ 5ti 12V'EV e C IqOV, 5~!~ RODER K VANTUYL, P. . LICENSED LAND SU~EYORS GReENPORT NEW YORK SUFFOLK CO. TAX MAP DESIGNATION. DIST. SECT. BLOCK PCL OWNERS ADDRESS: p.o. e,o× TEST HOLE STAMP SEAL STATEMENT OF INTENT THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS Of THE SUFFOLK CO DEPT. Of HEALth SERVICES. DATE: APPLICANT SUFFOLK COUNTY CONSTRUCTION ONLY SI