The URL can be used to link to this page

Home My WebLink About4117 APPEALS 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 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 ACTION OF THE BOARD OF APPEALS Appl. No. 4117SE. Application of LINDA 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 100-14lB 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 plumbing contractors' 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 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) q) 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 ~ - Appl. No. 4117SE Matter of LINDA TAGGART Decision Rendered August 18, 1992 revised master plan. 9. In considering this application, the Board also finds and determines: (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 the general purposes of zoning and the intentions of zone regulations; (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 RECEIVED AND FILED BY THE SOUTHOLD TOWN CT.]~RK DATE ~/~/~ ~z_ HOUR Town Clerk, Town of Southold 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 SCHMIDT. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to construct deck addition with an insufficient rear yard setback at 340 Bay Haven Lane, $outhold, "Map of Bay Haven" Lot No. 27; County Tax Map District 1000, Section 088, Block 04, Lot 24. Page 2 - Legal Hearings for July 29, 1992 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 - LINDA TAGGART. This is an Appeal of the March 13, 1992 Notice of Disapproval issued by the P~ge 3 - Legal 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 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 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 and 186; County Tax Map Parcel ID No. 1000-53-2-2. 8:15 p.m. Appl. No. ~ - -~' - Request for a Special Exception under Article XIII, Section 100-131B, as referenced from 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. 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 - RICHARD GOODALE AND MATTITUCK AUTO CENTER, INC. (Tenant). Special Exception to the Zoning Ordinance, Article X, Section 100-10lB(12) for a permit Page 4 - Legal 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. i000-122-06-30.1 (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; Page 5 - Legal Nol Hearings for July 29, 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 OWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: I (We), LINDA TAGGART (AGENT - PECONIC ASSOC.)of 68320 MAIN ROAD (Residence', House No. and Street) GREENPORT NEW YORK 516/765-1053 {Hamlet, State, Zip Code, Telephone Number} hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE XIV , SECTION ~O0(~C~)~(~ , SUBSECTION lO0-13iB for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): CONSTRUCT A RETAIL ANTIQUES AND DECORATIVE GIFT SHOP A. Statement of Ownership and Interest. LINDA TAGGART property known and referred to as is(are) the owner(s) of 'G~320 MAIN ROAD, GREENPORT (House No., Street, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section 053 , Block 02 , Lot(s) 02 , which is not ~ on a subdivision Map (Filed --', "Map of "Filed Map No'. , and has been approved by the Southo'ld Town Planning Board on as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: 1. The proposed structure would blend with the surrounding buildings. 2. Its single-story hieght will blend with the character of the surrounding area. 3. Its set-back from the Main highway with its landscaped drive wi1! provide a harmonius cont!nuity with adjacent terrestral ecology. C. The property which is the subject of this application is zoned LI (LIGHT IND.) [ ] is cQnsisten~ with the use(s) described in the Certificate of Occupancy being furnished herewith. [ ] is not consistent with the Certificate af Occupancy being furnished herewith for the following reason(s): [X ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORKi ss.: ~('Si gCfatdre ) Sworn to before me this ~day of ~r',l , 19ct:~, ZB~ev. 2~/86) U~. ~,e:~O 'OF SOUTHOLD PROPERTY RE(:ORD CARD OWNER STREET ~--/._. ,~7,.~"~)~ VILLAGE DIST. SUB. y/ LOTS FOPJ~ER OWNER ~[~kOehs~f N E ACR: . S W ~PE OF BUILDING RES. S~S. V~ ~/~ FArM COMM. C~. MISC. Mkt. Value AGE BUILDING CONDITION N~ NOeL BELOW ABOVE FARM Acre Value Per Value Ac re Tillable 1 Tillabl~ 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD H~use Plot DEPTH I ~ ~' BULKH~D Total ; DOCK 'MAP'OF PP. OPEF2TY ' .5~I'~VEYE D i:'or'2 Lt:NDA TAGiSAI2-T- .3' MONUMEMT -Pl;~POSED 40' ( :ILl SUFFOLK CO. HEA H STA TEME_~_ THE WATER SUPPLY SYSTEMS FOR TF CONFORt,4 TO THE SUFFOLK CO. DEPT APPLICANT SUFFOLK COUNTY SERVICES -- FOF CONSTRUCTION ONL DATE: H.S. REF NO __ APPROVED: __ SUFFOLK CO TA)~- DIST. SECT OWNERS ADDRESS: 7~ s- ~c 55 ~r~-s..z. - APE,.~J992 '-~-R~:--K VAN TU~'L, I~C. LICENSED LAND SUR/~/EYORS ~REENPO~T ~EW YORK 1/30 OnD Goul, rr~¥ 1tO.aD 11xvzm.-tm~, NY 11901 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. CRC:ejc cc: Very truly yours, Charles R. Cuddy ~J Harvey A. Arnoff, Esq., Town Attorney John M. Bredemeyer, III, President, Board of Trustees Kenneth L. Edwards Gerard P. Goehringer, Chairman Board of Appeals.~ George Ritchie Latham, Jr. ~' Victor Lessard, Principal Building Inspector Mark S. 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 SCOWl' 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, CHAIRFLMN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. R. Robert A. Villa ]cnar~ C. Wilton 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 October 13, 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: 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, GOEHRINGER GERARD P. CHAIRMAN Enclosure 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 15r 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 Pa~e 28- Matter o~nda Taggart Southold Town Boar~'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. Goshringer: 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 thB 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, GGN:mb Arthur H. Kunz Director of Planning H. LEE DENNISON BUILDING · VETERANS MEMORIAL HIGHWAY S HAUPPAUGE, NEW YORK 1 1788 S (516) 853-5192 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~t,'t%[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 lO0-131B __Special Permit 4116 & Appeal No: 4117_SE Applicant: Linda Taggart Location of Af~'6cted 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) x;~ 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 size for variance and ~stablish 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 Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCO'[T 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 3, 1992 Charles R. Cuddy, Esq. 180 Old Country Road P.O. Box 1547 Riverhead, NY 11901-1547 Re: Appl. No. 4117 - Taggart (Special Exception) 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 5 - Appl. No.~17SE 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 RECEIVED AND FILED BY THE $OUTHOLD TOWN CT.F..~K DATE ~/~/~ m HOUR ~ ,' 5-5-/9., O~Jl" ~ 3 tc~92 i§~ STAFF REPORT CTIONS A 14-14 to 23 OF THE SUFFOLK COUNTY ADMINISTRATIVE CODE L--------~iCipality 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 (I) 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 commercial 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 PAGE 16 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 APPEAL # 4117SE Applicant(s): Linda Taggart Location of Property: 68320 Main Road, Greenport, NY (Map of Peconic Bay Estates Lot Nos. 185 and 186) County Tax Map No.: 1000-53-2-2 The Chairman opened the hearing at 9:17 p.m. and Read the Legal Notice and application for the record. CHAIRMAN GOEHRINGER: The final hearing on the Linda Taggart Special Exception reads as follows: Upon application, the applicant 4116SE... The Special Exception, Article VIII, Section 100-131(B) as referenced from article. That were in the other file and this file and the same County Tax Map indicating this and surrounding properties in the area. And, we will ask Mr. Cuddy if he would like to continue with this hearing. MR. CHARLES CUDDY:Yes, I again appear for the applicant, Linda Taggart. Basically I think the argument of the applicant here is that the use as the Chairman indicated is much less intense. The property that Mr. Nicoletti owns is residence. The property that is to the west of the Taggart property, is a welding operation. It would appear, I would think to everybody's benefit, to have not the welding in Mr. Nicoletti's back yard, but to have an antique shop. I think if you look at the Zoning Code and in particular, also the Zoning map, that the Code to start with, that in the LI district going back to the LIO district and going back to the General Business District, which is the way the Code is written, that there can be sale of marine equipment, there can be sale of boats, you can have contractor's yards--plumbing, electrical, lighting contractors. You can do things that are much more intense and yet are the same conceptual type of thing, that is the selling of goods. If you can sell heavier goods, you certainly must be able to sell lighter goods in the same district. And I would point out again that the earlier Code, the one that was enforced when she bought this lot, was in force until '89, says that in the Light Business District, you can essentially do all the types of things that she is doing, you can essentially have a retail type of use. And, we believe that it is an appropriate use at this spot. We believe that the area is zoned for this and for other similar uses. If you note, on the north side of the road, it is an LB District or Limited Business District. If you note further down, there is an existing motel that has all sorts of operations incidental to the retail type sales there. I believe that it is appropriate, I believe under the Code, that I am going to hand. up, the old Code. But under both the old and the new ~ode that this was an intended use at this particular site. Now, I will hand up to you again a copy of the old Light Business District which was in effect until just two and one-haif (2 1/2) years ago. The other thing I would ask the Chairman, I believe it is part of PAGE 17 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MR. CUDDY (eon't.): file, but if it is not, I would make it part of the file and that is the response that was made to Mr. Orlowski, the Chariman of the Planning Board's inquiry by Mr. Lessard, who is the Building Inspector that the proposed use is a committed use within the Special Exception authority of the Zoning Board of Appeals. And that letter, although it is not dated, was sometime in June because it replied to a Planning Board member, when June, I believed was received, during the month of June. So, it is a June 1992 memo. Do you have that? CHAIRMAN GOEHRINGER: We have it in the file. My only comment to you Mr. Cuddy is that ff we are successful in mustering three (3) votes on this Board, this special permit is, although it goes along with the land, is for that lesser use. So, any intensive use over and above what is granted by this special permit would mean that any future owners or any other use that Mrs. Taggart was intending to use this property for would then have to come back before the Zoning Board of Appeals. Mit. CUDDY: I understand. I also would put on the record that this is one use by one user. It is not our intention to rent it or divide the building or use it for any other purpose. CHAIRMAN GOEHRINGER: Thank you. Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the application. Yes ma'am. How do you do? ANNA PEKUNKA: My name is Anna Pekunka and'we sold the property to Joey and Linda. And we sold it with the understanding that that property was going-to be used, he was going to use it for his machines there, nothing about any buildings see. And, this part that she says that we intended to build there, that is not so. When he bought this property from me, I am going to face you, I am talking Joey, that you said you wanted to put like extra parts that you had, had no room to put it there, right? But nothing about a building, right? RIGHT or wrong? Joey, answer me. CHAIRMAN GOEHRINGER: Pardon me, Mrs ..... MS. PEKUNKA: You said there was going to be no building, it was going to be just for parts. I just want to ask you to answer. He was going to answer it. So, anyway, besides that, that road there, there is a lot of traffic right now, because a couple, not a couple, but a few years back my son and my brother-in-law were coming home from playing golf and they stopped to make a left turn. They couldn't get across, the got hit in the back. My daughter was coming from Greenport with the two children and she stopped, she got pushed way over in Nicoletti's yard. The other man landed up into Rempe's yard, which used to be a vegetable stand there right? So that.., now with this small business going up, which she wants to put there, I don't know how we are going to get ~cross. When I want to go to_ Southold, I have to go to Greenport turn. around and come back again. I can't get out. You can't see over the cars. And my ear is a smaller ear. It's just~ I don't know what we are going to do. So please take that into consideration, because I hate to see somebody get PAGE 18 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MS. PEKUNKA (con't.): killed there. Thank you sir. CHAIRMAN GOEHRINGER: Thank you. Yes sir? MIKE PEKUNKA: My name is Mike Pekunka. I am a resident of Pipes Neck Road. While I think that Miss Taggart's efforts to start a new business are very commendable, I think the situation right now, on the corner of Pipes Neck Road and Route 25 is a serious traffic situation. And that the Basket Boutique on the north side of the road, there are ears they park right.up on the shoulder of the road. Not on the side of the shoulder, but right up to the line. And they don't park twenty or twenty-five (20 or 25) feet from the corner, they park right up to the corner. Okay? And I think the addition of another business right in that same area is going to compound problem of traffic and parking, okay. Now, I certainly believe that if Ms. Taggart starts a business, I don't think she is going to ask people when she has a full driveway of cars, would you please go drive around the block and come back and have parking spaces. Those people are going to be parking right up on the side of the road. I think you are going to have a dangerous traffic situation that one day might lead to a tragedy. I was rear ended there, I have had a sister almost rear ended. I don't want to see somebody hurt or killed, it could happen. Thank you very much. CHAIRMAN GOEHRINGER: Thank you sir. Anybody else like to speak? Joey you have a question, a statement you want to make? MS. REMPE: I won't get in front of the microphone. I would like to talk. My grandson, Freddie Rempe, was riding a bike, he got cornered up on Mrs. Nicoletti's lawn. CHAIRMAN GOEHRINGER: Could I just have your name for the record ma'am? MS. REMPE: Rempe. Eleanor Rempe. CHAIRMAN GOEHRINGER: Thank you. Yes, Joe. MR. J. SCHOENSTEIN: I would like to just respond to something that was said tonight about the property. It is true, I was looking for property absolutely. I needed the space desparately. We were able to buy a piece of property in a rear yard, which you guys know about, that gave us much more easable access to and use. And, that was after buying the piece of property from Mr. & Mrs. Pekunka. It was after, we came up, we were able to buy it and it is much more useful and much safer. And, another thing is I have tried to use that piece of property before Linda and I divorced, but between the DEC and the Police and the problems, I didn't think it was worth the anger with my neighbors over using it commercially. Okay, which I did try and to do that. And, it has been sitting there idle, basically, except for a few things that have been stored on it. I will say something. I don't think that, what Linda wants to do here is going to create a major traffic problem, because of the parking facilities. She was my wife, she did have an antique shop. PAGE 19 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MR. J. SCHOENSTEIN (con't.): And I used to watch, because I used to be there every Saturday working while she had her shop. And antique shop does not attraek the people that a craft shop does. It just doesn't. There's a certain people that go to antique shops. Craft shops attraek everybody. It's gifts for' everyone, it's, everyone has little doodads in their houses, in baskets, and so on and so forth. An antique shop is really more of a specific item. And that is all I would like to say. Thank you very much. CHAIRMAN GOEHRINGER: Thank you Joe. Mr. Nicoletti? MR. NICOLETTI: I'm interest with what Joe said about it, being an antique shop. We have one, an antique shop, just about a mile down the road. What this is going to cause is people walking across the streets a lot. They will stop at the craft shop, they stop mulling across... I saw it when she had it. That's when my wife heard a lot of brakes squeailing. Because she has people going up and back across this Main Road. Another thing about Joe, a thought in my head, the DEC was given trouble with that piece of land, it was because he dumped something like eight (8) truck loads of dirt on the wetland in back. I complained about it and they made him scoop it out. And he put right along my property because he knew I complained, ten (10) foot high, one hundred and twenty-five (125) foot long of dirt that the DEC made him take off the wetlands, which is my property. He dumped about eight or nine (8 or 9) truck loads of dirt there. Because I complained, that is what started this feud, I guess, against him and he deliberately put it along my property. And everybody knew this was going to get my hax up. But that is why he had trouble with the DEC with that piece of property. CHAIRMAN GOEHRINGER: Is that dirt still there? MR. NICOLETTI: No, no, he had it taken out. The dirt, he just scraped it out level with Linda Taggart's land now. That dumped down real low, the water used to always come in there, just on the moon tide. Now, it's scraped off, you have all backfill in there, that is not clear fill. It is big chunks of cement and everything. MRS. NICOLETTI: You know, I don't think that is very nice of you laughing like that. You did that the last time to us too. I am sorry sir. CHAIRMAN GOEHRINGER: I am watching your husband, I am sorry Nicoletti, I didn't see him. MR. NICOLETTI: That is all I have to say. CHAIRMAN GOEHRINGER: Yes, it becomes counterproductive.. MR. J. SCHOENSTEIN: It is a shame. I realize that. It is a shame that this has to happen. I never meant any harm, I never tried to cause trouble. When we built our building,, we dug out all the material and Mrs. PAGE 20 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MR. J. SCHOENSTEIN (con't.): put it on that piece of property. I got in trouble because I definately made a mistake, I had Terry Latham put it right in the middle of the piece of property. But it was too close to wetlands. Terry picked it up and moved it over within... The DEC came there, you know the local guys came down, the police guys, they staked it out and they said to me you got to be so many feet. We stored the fill there, and we put it right back where it was suppose to go when the building was done. CHAIRMAN GOEHRINGER: Thank you. Alright, is there any further statements to be made Mr. Cuddy? MR. CUDDY: To some extent, I think we may be loosing track of the special permit application. The special permit application is to comply with certain standards as forth in the Code. And, I think this one does for all of the obvious reason that we have been talking about; that is, the type of district that this is, the fact that is not going to change the district, the fact that the type of uses that are near by are very similar to this. And I wish to point out, and I don't think that we, and I am talking about Linda Taggart, should be the bane of their existence, because there is traffic on the Main Road. They live on the Main Road, they live in a Light Industrial (LI) District. That district on the map that I gave you called Taggart LI Zone shows that it goes over a half a mile to the east of this. On the other side of the road, the limited business goes .the same distance. .They're in a business district, they are on the Main Road. And for them to ask us to cure that, I think is real wrong. All we are saying to you, is that we are going to have off street parking on our parcel. We can't cure the craft shop across the street, we can't cure the problems that are on the Main Road. We can do everything that the State asks us to do, everything the Town asks us to do as far as taking care of our own property and propose to do that. I really don't believe, and I think it goes a long way to be imagining it to say that an antique shop with nine hundred (900) square feet, is going to cause enormous traffic problems on the road. If it's there, it's already there, we are not going to contribute that much additional to it. Thank you. CHAIRMAN GOEHRINGER: Hearing no further comment, I make a motion closing this hearing, you have a question? MEMBER VILLA: Yes. I have comments. And I would like to preface what I am saying, I like to go into antiquing. My wife and I go to auctions I am a craft person and what have you. But I have problems with this on the basis that I don't think the code allows wholesale and retail sales, other than for boats and boat repairs in the LI zone. And I think what we're, what you really should be doing is looking for a change of zone to Light Business, if that is what you are looking for, because as you just said, the ~LI zone goes for a half a mile and if we grant this, even though it sounds like it is a limited use and a lesser use, it just opens the door for the next applicatioi~, and the next application, and we are going to have a strip zone, going for that whole mile with (\ PAGE 21 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MEMBER VILLA (con't.): retail sales. And I just don't think that is what the Code entails. I wasn't on the Board years ago when these gentlemen evidentally came to you when they were in the business zone looking for an industrial zone. And, it was granted. And under the current Master Plan, they recognized that and they made it a Light Industrial zone. And, now, I think what you are looking for is to go back to a business zone with retail saies and I think we are just going to have a strip mall from there to Greenport. I don't like to be the bad guy, but I think that is what is going to happen. CHAIRMAN GOEHRINGER: Mr. Taggart. MR. TAGGART: To the Board, I was under the impression that Light Industrial means that if I wanted to run a grinding shop, metal fabricator, blacksmith shop, I could. I would draw people, if I was a blacksmith. People would come in, I would do the work and they would go back. The whole purpose of me coming to you is not to create this, which to me, if I was you and you lived next door to me, if I had a blacksmith shop where I was pounding metal all day, I don't think you would be too happy with it. This, a Light Business, a retail store is not going to cause you any problems. If you look at this site plan and, our building plan is a very nice looking building. It is not a junk looking square cement building. It is a nice looking building. There is going to be no noise. There will be traffic, yes, but we are not all the problem. You have other businesses that are going to be. applying too. I would would join with you. It is a State Road, I think our problem is to talk to the State. The State would govern the speed limit there and maybe, there is a possibility, maybe the State can lower it, I don't know. If there is a petition for it, Linda and I would be glad to sign it with you. We don't want to see anybody hurt either. We are good people. Thank you. MEMBER VILLA: Just to answer you. I recognize that and as I say, don't like to be the bad guy in this whole situation. But, whatever this Board does in this application, they have to be consistent, they have to do with others. And, then, if this then goes all the way for a half a mile to the east, we got a strip mall offering retail sales. I MR. TAGGART: Again, I say to you, if it is better, why would you object to it. MEMBER VILLA: No, it is not better, I mean. The people that live to this lefted business on one side and industrial on the other hoping that it would be a lesser use. MR. TAGGART: Again, these are residential people. I am asking you as my neighbor now, would you rather me have a light industrial banging business, grin~iing noise; or would you rather have a nice retail store? MEMBER VILLA: That is not the question here, although. is what kind .... The question PAGE 22 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MR. TAGGART: I am sorry, maybe I don't understand, okay... MR. CUDDY: I always take issue when somebody says that the Zoning Board by one decision sets a precedent in another decision. Excuse me a second. There is a case in the Court of Appeals, the Cowan Case, that says specifically that a zoning board does not each time has a decision set a precedent for something that is similar. And that is what you are saying. But, I think more particularly to address what you are asking here is that maybe you can tell me, because it is my opinion in looking at the code that you can have a plumbing business here, contracting, that you can have people come to that contractor's yard, I'm thinking of Blackman in Riverhead, doing a contractor's yard in this site, the Light Industry site, and having people come in and purchase. I believe that can be done. If that can be done, having an antique shop with a few people coming in, certainly has to be included within the realm of that. And, I believe absolutely that that can be done, there should be no question. I believe that what we are asking for is something very similar to what could be there. You could have a long distance of that, that is true, but. I beHeve those are the things that are aHowed in this particular district. That is why we are here saying what I am saying. But, I take issue with it that you eould not do the type of thing that is here. The Building Inspector, by the way, sent a memo believing that also you could do this. So, and I think that he is correct because of the reason I just gave you. MEMBER VILLA: Well, we had an internal discussion upon that. MR. CUDDY: I can understand. CHAIRMAN GOEHRINGER: That internal discussion has now changed whole possibilities of the realm of which we are dealing with these applications when they come in in reference to an interpretation or an opinion. I have told that to the Code Committee of the Legislative Committee also. the MR. CUDDY: I do wish to assert vigorously that I believe the type of use that she is asking for is a use that is contemplated by that section of the code basically by going back into other sections. You can do the very same thing. MEMBER VILLA: You are the lawyer, I am not a lawyer, but when you look at Section 8 under B, where is says wholesale and retail sales and repair of boats and marine items. It is very explicit that the wholesale that the wholesale and retail sales only applies to the repair of boats and marine items. And, it is my contention that if they wanted wholesale and retail, they would have left it in for the whole section and not been explicit with just for boats and marine supplies. MR. CUDDY: One of the problems with zoning codes is that they can't be exhausted. I think we both agree. You could start listening and never end listening. But I think within an area, you are talking about what PAGE 23 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MR. CUDDY (con't.): can be done. And I am 'saying the very type of thing that you are talking. Whether you are selling marine goods ol~ you selling plumbing goods or electrical goods, it is very similar to what she is talking about. If you can do that, you can do this. That is essentially our argument. Thank you. CHAIRMAN GOEHRINGER: Hearing no further questions again, I motion closing the hearing on this Special Exception reserving the right to make a decision in the future. make a MEMBER GRIGONIS: Second. Ail in favor - AYE. CHAIRMAN GOEHRINGER: We thank you very much for coming in everyone. And we thank you for your courtesy and we will do the best we possibly can. There certainly will be no decision tonight. We have at least two (2) more hearings after this. Thank you again, safe home. Lorraine A. Miller (Transcribed bY tapes recorded 7/29/92.) 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 Merlon Wiggin Peconic Associates, Inc. One Bootleg Alley P.O. Box 672 Greenport, NY 11944 August 18, SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York I 1971 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 the Board's letter to you of July 1, 1992, (copy enclosed). If you have any questions or require contact this office. further assistance, please Very truly yours, Bennett Orlowski, Jr. Chairman Encl. 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 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765A809 BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM SCOT1~ 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 Boar~/.-~---~ Gerard P. Goehringer, Chairman, Z.B.A.///~/~_..~ July 31, 1992 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 ZBA 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 mBA since June 25, 1992 and other communications between our offices. As you know, formal interpretations under Special Exceptions are made by the ZBA 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 Re: July 31, 92 Site Plan - Linda 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 yQu 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. 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 SCOTY L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 MEMOi~kNDUM TO: FROM: RE: DATE: Gerard P. Goehringer, Chairman and Members of the Zoning Board of Appeals Bennett Orlowski, Jr., Chairman ~0'~']J5 ~(~o~r~[-~ ['~ --'-l!j j 68320 Route 25, Greenport, New York August 7, 1992 In response to your memorandum dated July 31, 1992, the Planning Board would like to emphasize the following considerations that went into its decision to send its memorandum of July 28, 1992. 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 SEQRA because 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. PLANNING BOARD MEMBERS Bennett Oflowski, 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 Inc. 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 the Board's letter to you of July 1, 1992, (copy enclosed). If you have any questions or require .further assistance, please contact this office. Encl. 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 L'inda 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 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Gerard P. Goehringer, Chairman and Members of the Zoning Board of Appeal FROM: Bennett Orlowski, Jr., Chairman RE: Appeal No. 4117-SE, Linda Taggart SCTM # 1000-53-2-2 68320 Route 25, Greenport, New York DATE: August 7, 1992 SCO'I'r L. HARRIS Supervisor ToWn Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 In response to your memorandum dated July 31, 1992, the Planning Board would like to emphasize the following considerations that went into its decision to send its memorandum of July 28, 1992. 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 fo~ 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, ,Ir. 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 Gerard P. Goehringer, Chairman, Z'B~ July 31, 1992 Your Application: Site Plan for Linda Taggart 68320 Route 25, Greenport $CTM #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 ZBA rather than areas which should be pertinent to your jurisdiction in the site plan application. You will note that our letter of July %4, 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. .'~ 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 are made by the ZBA after a public hearing has been held and a decision passed. At this time, a final determination has not yet been rendered. You may riot be aware that your office chose not to process SEQRA when the application fee and SEQRA documents were delivered. Page 2 - July 31, < )2 Re: Site Plan - Linda 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 TOWS SOUTI-IO .D 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 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, 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 . Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 TO: From: RE: Gerard P. Goehringer, Chairman 9nd members of the Zoning Boar~. Appeals Bennett Orlowski, Jr. Chairman~' 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'I.ANNING BOARD MEMBERS llennett Orlowski, Jr., Chairman (icorge Ritchie Latham. Jr. Richard G. Ward Mark $. McDonald Kenneth L Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD ¢( Merlon Wiggin · Peconic Associates, Inc. One Bootleg Alley P.O. Box 672 Greenport, NY 11944 July 20, SCOFF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 · Southold, New York 11971 Dear Mr. Wiggin: RE: Proposed site plan for Linda Taggart Main Road, Greenport. Zoning District: Light Industrial (LI) SCTM$ 1000-53-2-2 The Planning Board has been notified that y6ur client, Mrs. Taggart, plans to obtain a special exception and area and set back variances from the Zoning Board of Appeals', in addibion 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 haye any questions or require further assistance, please contact~this office. ' cc: Gerard P. Goehringer, Very truly yours, Bennett Orlowski, Jr. Chairman 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 SOU~OLD INTE~EP~E~AL MEMO~ 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: ~UBJECT: Southold Town Planning Board .Attn: Bennett Orlowski, Jr., Chairman Board of Appeals July 14, 1992 Pending Site Plan RevieWs 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. (Front yard landscape/buffer setback variance) Please feei 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 Jul~ 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 ~ttend 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 Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD '.~ ~;~ ~/~ UL SCO~ L HARRIS Southold, New York 11971 Fax (516) 765-1823 July 1, 1992 Merlon Wiggin Peconic Associates, Inc. One Bootleg Alley P.O. Box 672 Greenport, R~f 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.~his 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 JUN 3 O .... ,;I ... [ ~0~ iHARRiS R-.n~isor Town Hall. 53095 Main Road P.O. Box 1179 SouthoM. New York 11971 Fax (516) 765-1823 June 29, 1992 Merton 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: The Planning Board has received notification from the Principal Building Inspector that the use proposed at the abo~e 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, Be-nnett 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 Lessatd Principa! Building Inspector Curtis Horton Senior Building Inspector Thomas Fisher Build(ng Inspector Gary Fish Building Inspector Vincent R. Wiec~orek Ordinance Inspector Robert Fisher Assistant Fire Inspector Telephone (516) 765-1802 OFFICE OF BUILDING INSPECTO~ TOWN OF SOUTHOLD SCOTI' 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 It JUN2519 TO: Bennett Orlowski, Jr.,Chairman . FROM: 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 SCO'I-F L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fa~ (516) 765-1823 TO: FROM: RE: DATE: Victor Lessard, Principal Building Inspector Bennett Orlowski, Jr., Chairman ~O~'i~ Proposed Site Plan for Linda Taggart ~'"" " ..... 68320 Route 25, Greenport SCTM# 1000-53-2-2 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. TOI~,'N OF SOUTIIO LD RUILDI?4G DE?A. RT.M ENT TOWN CLERK'S OFFICE $OUTIIOLD, N.Y. NOTICE OF I~IS,\PPROVAL ...~:..-~.~.....~.~. ¢.~..~..0~1) . ....e-.:v~.,.~:-~t...~:~ ..... ~.~d..- .... Lo~o~ or p,op~y..~. ~.~.e...~.~. ~,'... ~,~,o. · ~;~.~f.~T ............ county Tax Map No. mOO S~c~ion ...O.~.~ ....2~oc~ ... Q. ~ ..... Lot . .~ .~ ....... Subdivision ................. Filed Map No ............. Lot No ...... ' .~)~ ~ .... :~ o.. ~ , ~ , ~ . . .. . · - ........... ~..~..~.z~.-2~a. ~ x~ .~ ~.~, .~~.~ -:'"'..':"7'7' ....... ,'"7 ...... .- ~ ~" ':~-'k ...... , '".::~t .......... .'~.~..~..~.~¥2~' ~. . . . ~.~ ~ ?~~) ?.~ . .~. .~. . ~. . ~.'.~. . . .. ~ ~ _ . _. . ..~..~~..M.z~.. . ~ ~ z:" '~, .............. ~-~.~.~.t~--~).~ · ~.M~z.. ' 'z "~---,... RV 1/80 I~LANNING 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 I~ay 21, 1992 Inc. ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax 1516) 765-1823 2 2 1992 , 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 - -5. John M. Bredemeyer, III. President Albcrt J. Krupski, Jr., Vice President Henry P. Smith John B. Tuthill William G. Albensoh 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 I179 Southold, New York 11971 Merlon Wiggin Peconic Associates, One Bootleg Alley P.O. Box 672 Greenport, NY 11944 Inc. RE: Linda Taggart : SC~4 ~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. All 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 containmen%, or more, as required by the Southold Town Planning Board. Very truly~urs , John M. Bredemeyer, III President, 'Board of Trustees JMB: jmt " cc: Planning Board Zoning Board Building Dept. 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 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: for July 29, 1992 gs: Mr. and Mrs. R. Milne P.O. Box 394 East Marion, NY 11939-0394 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 J. Kevin McLaughlin, P.O. Box 1210 1050 Youngs Avenue Southold, NY 11971 Esq. (Re: Charles R. Cuddy, Esq. P.O. Box 1547 180 Old Country Road Riverhead, NY 11901-1547 (Re:. Mr. and Mrs. P.O. Box 144 Southold, NY F.M. Flynn 11971 (Re: 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 Mr. and Mrs. Stephen Schmidt 450 Bay Haven Lane Southold, NY 11971 Cellular Telephone Co.) Moore & Moore, Esqs. P.O. Box 23 Mattituck, NY 11952 Mrs. Linda Taggart Box 249 Southold, NY 11971 Goodale) LaColla) LaColla) (Re: Arslanyan) Mr. and Mrs. Richard Sherman P.O. Box 1002 Southold, NY 11971 Mr. and Mrs. Wilbur C. Allcot 527 Paramus Road Paramus, NJ ~7652 Mr. Robert H. P.O. Box 590 Mattituck, NY Whelan, P.E. 11952-0590 (Re: Arslanyan) (Re: Arslanyan) (Re: Cellular Tel.) Law and ~h~ Code of th~ Town o[ all 53095 Main Road, Southold, foRoWing 6m~s: G~DY~ l' ~LNE. Variance to ~ r ~y: 240 ~oB Circle, ~st Mar- [~ounty Tax Map District 1~0. Section 37, Block 5, Lot 15; Gar- dine~ Bay Esmtes ~tNo. 31. sTEPIIEN AND ELLA ~ ' at 340 Bay lla~aZc~ Cot No ~9 ~e March 14, 1991 N~iC~ No. 1000-108-4-part of l 1. 8:00 p.m. Appl. No. 4116 -- LINDA TAGGAR'I] Th's is an Ap- peal of the March 13. ~992 Notice of Disapproval issued by the Build- ing 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 proper~y was located in the B-Light Business Zone. Today, the property is located in the Light Industrial (ti) Zone District. Location of Property: 68320 Main Road. Greenport; Map of Peconic 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 TAGGART. Request for a Special Exception under Article XIII, Section 100-13lB. as refer- enced from Article XIV. Section 100-141B for permission to eslab- lish retail gift shop in this Light Industrial (LI) Zone District. Loca- tion of Property: 68320 Main Road, Greenport; Map of Peconic 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 AND MAT- TITUCK 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 Road), Laurel. near Mattituck. NY; County 'lax Map Parcel No. 1000-122-06-30.1 (previ- ously 30). 8:30 p.m. AppL No. 4119SE -- RICtIARD GOODALE AND MAT- TITUCK AUTO CENTER. INC. (Tenant). Special Exception to the Zoning Ordinance Article X. Section 100-10lB(12) for a permit authoriz- ing: (a) a new car sales estab- lishment; (b) an establishment of an accessory usc incidental to Iht pro- vehicles; (c) outside display of vehi- cles, (d) accessory office use inci- dental to the new principal use as a tion of Property: 7655 Main Road (NYS Route 25). Laurel. near Matti- 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 thc Zoning Ordinance, Article Iii, Section 100-3lA and B, requesting permission to change us~ of a For- tion of the subject prelnises, from residential to non-residential. Loca- a ' tion of Property: North Side of Main Road (State Route 25), at Arshamo- moque near Greenpo, rt, (abutting ' properties of ilollister s Restauran,; Mill Creek Liquors, The Pottery Place, etc.); County Tax Map Parcel Nos. 1000-56-4-24 and 19. 9:00 p.m. AppI. No. 4072 -- AppL No. 4072 -- VARUJAN AND LINDA ARSLANYAN, Appeal of the November 26, 1991 Notice of Disapproval of the Building Inspec- tor for a Variance to the Zoning Or- dinance. 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($) and with insufficient setback from sound bluff/bank along the tong Island Sound. Location of Property: 54455 (North Side) of County Road 48. Grcenport; 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 desir- ing to be heard concerning these applications. Written comments may also be submitted prior to the con- clusion of the subject hearing. Each hearing will not start before the time designated above. For moro infor- mation, please eMI 765-1809. Dated: July 14, 1992. GERARD R GOEHRINGER ClIAIRMAN By Linde Kowalski 7442-lTJv16 ~TATE OF NEW YORK) ) SS: COUNTY OF SU~'~'OLK) [~0-~ ~._ C~.-~ of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been r~gul~r- ly published in said Newspaper once each week for I weeks successively, commencing on the {(/~dayof~_ 19 Principal Clerk Sworn to before me this dayof Commission Expir~ May 14,197.~-I~ NOTICE OF HEARING NOTICE IS HEREBY GIVEN, pursuant to Sectior~ 267 of the Town Law and tim, Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN' BOARD OF APPEALS at the Southoid 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 XXIV, Section 100-244B; and Article XXIII, Section~ 100-239.4B for permission tq construct deck addition with sufficient side yard setback, in- sufficient setback from existing bulkhead, and with lot coverage at more than 200/0 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 XX1V, Section 100~244B for~ permission to construct deck ad- dition with an insufficient rear yard setback at 340 Bay Hav?]~ Lane, Southold, "Map of Ba9 aen Lot No. 27; County Tax Map District 1000, Section 088, Block 04, Lot 24. _ 7:40 p.m. Appl. No. 4023 -- CELLULAR TELEPHON.E CO. d/b/a METRO ONE. This is an Appeal of the March 14, 1991 Notice of Disapprovali issued by the Building Inspector for an Interpretation under Ar- I ticle XXIII, Section 100-230~ concerning a proposed 104 ft. height of a monopole structure for radio transmission, and in the alternative, appellant re- quests a 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 oart of 11. p.m. AppL No. 4022SE -- CELLULAR TELEPHONE CO. d/b/a METRO ONE. Re- .quest for Special Exception ap- proval under Article VIII, Sec- tion 100-8lB(I) and Article Ill, Section 100-31B(6) for an un- manned telecommunications building in an existing concrete block building and construction ~ of a monopole radio tower witht 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), Cut~hogue, NY; also shown on Planning Board subdivision- appproved map of May 15, 1990; prop6rty 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 March 13, 1992 Notice of Disapproval issued by thc 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- petty is located in thc Light In- dustrial (LI) Zone District. Location of Property: 68320 Main Road, Grecnport; 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 Specml Exception under At ~, ticle XH1, Section 100-13lB, as refcreaced 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, Greeaport; Map of Pcconic 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 CEN: TER, INC. Variance to the ZOn- lng Ordinance, Article XXI, Section 100-212B for relief from the front yard landscaping pro- visions of the zoning code. Location of Property: 7655 NYS .X0 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 100-10lB(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 Mai~f\'~ 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 shamomoque 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 -- 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, ArticleI XXIII, Section 100-239.4A and Article XXIV, Section 100-244B, or Article Ill, Section 100-32, , for permission to construct i swimming pool and deck addi- I 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 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- mitted prior to the conclusion of the subject hearing. Each hear- } ing will not start before the! times designated above. For i more information, please calli 765-1809. Dated: July 14, 1992. GERARD P. GOEHRINGER CHAIRMAN I By Linda Kowalskl IX-7/16/92(6) COUNTY OF SUFFI S'I'ATI-~ OF NEW YORK Patricia Wood,' bein§ duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed ~t Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has heen .published in said Long Island Traveler-Walchman once each week for ..................... ~. .... weeks successively, commencin~ on tl~e ..................... /1 Swm'n ~ ~efore me Ihis ~.. ................... clay of 19 . ..... Notary Public BARB~R~ A. SCHNEIDER NOTARY PUBLIC, State of New York No. 480G846 Qualified in Sullolk Co~tyx Commission Expires 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: DATED: RE: Southold Town Zoning Board of Appeals Judith T. Terry, Southold Town Clerk July 1, 1992 Zoning Appeal No. 4117 (Special Exception) - Linda Taggert Transmitted herewith is Zoning Appeal No. 4117 of Linda Taggert for a Special Exception. Also included is Notice to Adjacent Property Owners; Short Environmental Assessment Form; ZBA Questionnaire; copy of Planning Board memo to Vict Lessard dated June 8, 1992 and the reply by Victor Lessard dated as received by the ZBA on June 25, 1992; copies of survey; and copy of Police of Title Insurance. Judith T. Terry Southold Town Clerk PROJECT l.o. NUMaEa Appenclix C State Environmental Quality Review SHORT E~JVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only ~ART I--PROJECT ]NFORr,'IATION (To be corneleted by AoDlican! or Project spon$orl Io APPLJ~ANT/~PON'~OR I 2. PROJECT NAME I TNDA TAGGART/PECON[C ASSOC[ATES~ INC. ~, RETAIL ANTIQUE & GIFT SHOP 3. PROJE~ LO~TIO~ ~.,:,~,,,- ~REENPORT (ROUTE 25) c=~.w SUFFOLK 68320'MAIN ROAD, SOUTH SIDE OF ROUTE 25, GREENPORT 150 FT. WEST OF PIPES NECK ROAD SEQR PROPOSED ACTION: 6. DESCRIBE PROJECT BRIEFLY: CONSTRUCTION OF A 930 SQ. FT. SINGLE STORY BUILDING FOR RETAIL ANTIQUES AND GIFT SHOP SPECIAL EXCEPTION AND VARIANCE REQUIRED (LOT SIZE AND REAR YARD) 9. WHAT IS PRESENT LANO USE JN VICINITY OF PROJECT? I~Agricullure [] pafkJForestlo;en space ~ Othe~ DOES ACTION INVOLVE A PERMIT APPROVAt~ OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL3? []No If ye$, list agency($) anci permit/approvals SOUTHOLD TOWN PLANNING BOARD; SOUTHOLD TOWN TRUSTEES; NEW YORK STATE D.O.T.; NEW YORK STATE D.E.C.;, SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES tl t t. DOES ANY ASPECT OF THE ACTIO.N HAVE A CURRENTLY VALID PERMIT OR APPROVAL? j_ OY., nn,o . p~ LINDA TAGGART/PECONIC ASSOCIATES, INC: ~,o: I If the action is in the Coastml Area. and you ate a stale agency, complele the 'i Coastal Assessment Form before proceeding with Ibis assessment OVER additional studies, resea=c~ o= other investigations will be undertaken. (bi If any question has been answered Y~s th~ project may be sig- (c) I£ all questions have been answered No it is likely that the project is no~ $ign~icanto (d) Environmental Assessment 1. Will project result in a large ~h?sical change tha~ kO acres o~ land? 2. Will there he a major chance to any unigue o= 3. Will project alter or have a large effect on X No 4. Will project have a oorentially large, imua¢c on - - ¥~ X 5. will project significantly e~fec: drainage flow . Yes X No 6. Will oroject affect any threatened or endangered X 7. Will projec~ result in a major adverse effect om .Yes X air Will proj~c: have a major e~fect om visual char- env~rcnmental area by a Local agency? Ye~ X No 1~. Will project have a m~jo= effect ca existing or ~uture recreational oppor:uni=ies? .Yes X.__No l~o Will project r~sult ~n major traffic problems or · YeS X NO - systems? 12. Will project regUlarlY cause objectionable odors, ancu as a result of the pro]ecc°s operation? __Yes X No 13. W~li projcc= have an~ ~mpact oe public health Yes X No Will pro]eot affect the existing co..nmunit? by charactc-~ of the oom.~un~ty O~ ne~qnbor~ood? ~$. ~s the~e p~£¢ controvecsy concerning ~he · · Yes 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. (If Yes, C. Are there an~ pacposals to ~°nange uA alter l~nd contours? { } Yes {X} No 1. Are there any areas which contain wetland grasses? ¥E$ 2. Are the wetland areas shown on the map submitted with this application? ¥E$ 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~t and are not shown ~n t_he 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 any co-owner also own other land close to this parcel? N0 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 DECORATIVE (~IPI SHOP and Date 3/87, ]O/Pnt~ Policy of Title Insurance )N CONSIDERATION OF the payment of its che~ges for the examination'of title and its premium for insurance, insures the within named in s ,~¢ed against all loss or damage not exceeding the amount of insurance stated herein and in addition the c~st$ aud expense.~ of defending the title, estate or irrterest insured, which the insured shall sustain hy reason of any defect or defects of title affecting the premises described in Schedule A or affecting the interest of the insured therein as here~n set forth, Or by reason of un* marketabitJty of the title of the insured to or in the premises, or by reason of liens or i neumbrances affecting title at the date hereof, or by reason of any Statutory lien for labor or material 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 premises, excepting all loss and damage by reason of the estates, interests, defects, Objections, liens, incumbrances and other melters set forth in Scbedule B, or by the conditions of this policy hereby incorporated into this contract, the loss and the amount to be ascertained in the manner provided in said conditions and to be payable upon compliance by the insured with the stipulations of said conditions, and not otherwise. IN WITNESS WHERI~OF, USLIFE TITLE Insurance Cornpsny of NewYork has caused this policy to be signed and sealed on its date of issue set forth herein. Name o~l,,~,*d JOSEPH SCHOENSTEI.N AND LTNDA S. SCHOENSTEIN, HIS WIFE Th~'.'~lal"orh~l~reslln~urcdbyuljepolicy;s a FEE SIMPLE D E E D recorded 6/1/84 in L. 9S74 p. 38. 84-52-47466 $12,000.00 5/14/84 Schedule A Schedule B 7. ANY state of facts a guaranteed Survey of the premises might show. 8. IN the absence of a guaranteed SUrvey, Company does not insure the exact location, courses and dimensions of the premises. 9. ANY state of fac:s an inspsction of the premises would disclose. 10. RIGHI'S of tenants or persons in possession, if any. 11. ~OSSIBLE unpaid water charges. 12. RIPARIAN rights and easements of others OVer Creek. Company does ~ot insure Such rights in favor of the owner. 13. NO title is insured to any Part of the premises lying below the present 13. or former high water line of Creek. RIGHT of any governmental authority to change the harbor, bulkhead and i P erhead lines Without compenSatio~ to the Owner. SCHEDULE A {Description} i~IAY ~8 '92 ID,-.Sr r4FBT SHELTER ISLAHD SCHEDULE A (Description) P, 4/6 ALL ~at ~rt~inplot, pieceorparcelofland, withthe ~ildingsandimprovemen~t~reoneracted. situate, lylngand ~tng at Arshamomogue, in the Town of Southold, County of Suffolk and State of New york, known and designated as Lots No. 185 and 186 oM a certain map entitled, "Amended R~p '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. District 1000 Section 053.00 Block 02.00 Lot 002,000 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, ,Ir. 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 11791: ~ Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 FROM: DATE: SUBJECT: Chairman and Members of the planning Boa~--~ Gerard P. Goehringer, Chairman, July 31, 1992 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 ar~ 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, 1992 Re: Site Plan - Linda 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. BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, .Ir. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOU~OLD INTERDEPARTMENTAL 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: Southold Town Planning Board Attn: Bennett Orlowski, Jr., Chairman Board of Appeals July 14, 1992 Pending Site Plan Reviews JUL I 1992t 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 Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD ,,.'.:. ARRIS . Town Hall. 53095 Main Road P.O. Box 1179 Somhold. New York I 1971 Fax (516) 765-1823 TO: From: RE: Gerard £. Goehringer, Chairman and members of the Zoning Boar~. Appeals Bennett Orlowski, Jr. Chairman?%' 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. -"--n SP CTORS Victor Lessard P~,incipal Building Inspector Curtis Horton Senior Building Inspector Thomas Fisher Building l~spector Gary Fish Building Inspector Vincent R. Wieczorek Ordinance Inspector Robert Fisher Assistant Fire Inspector Telephone (516) 765-1802 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD $COTI 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 ~uilding 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 ~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 SCOWl' 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 1~O.~'1~ 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. TRUSTEES .. John M. Bmdemeyer, 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 TRUSTEE~ TOWN OF SOUTHOLD "~; ~ \I NEGATIVE DECLARATION SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 11971 NOTICE OF NO SIGNIFICANT EFFECT ON THE E~IRONMENT 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 Envirop~ental 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 ~hat 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 s~me or similar project. A planting survey shall be submitted prior to final approval. TYPE OF ACTION: ~?/~,J?~'~ I~ ¢,~j~o-,~ ~ 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:SC~4 ~1000-53-2-2 REASONS SUPPORTING THIS DETEP&IINATION: 1. An on site inspection has been conducted by the Board of Trustees. 2. An envirop~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 Mer lon Wi~gin ARTICLE XIV2s Light Industrial (LI) District [Added 1-10.89 by L.L. No. 1-1989] § 100-140. Purpose. The purpose of the Light Industrial (LI) District is to provide'an opportunity for business and industrial uses on smaller lob than would be appropriate for the LIO Light Industrial Park/Planned Office Park District § 100-141 ZONING § 100-141 § 100-141. Use regulations. In the LI 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 purpose except the following:. A. [Amended 5-9-89 by L.L. No. 6-1989] Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) hereof, are subject to site plan approval by the Planning Board: (1) Any permitted uses set forth in and as regulated by § 100-31A(2) and (3) of the Agricultural-Couservation District. (2) Any permitted uses set forth in and as regulated by § 100-131A(2) to (5) of the Light Industrial Park/Planned Office Park District: · B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appoa]s as hereinafter provided and subject to site plan approval by the Planning Board: (1) Any special exception use set forth in and as regulated by § 100-131B(1) to (11) of the Light Industrial Park/ Planned Office Park District. (2) Bed-and-breakfast uses as set forth in and as regulated by § 100-31B(15), provided that no site plan approval is required. (3)Wineries· [Added 8-1-89 by L.L. No. 15-1989] C. [Amended 5-9-89 by L.L. No. 6-1989] Acce~ory uses. The following uses are permitted as acce~ory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Accessory uses on the same lot with and customarily incidental to any permitted or special exception use and not involving a separate business: 10095 ~o. 2s* so § 100-141 {z) (8) (4) SOUTHOLD CODE § 100-150 Wall signs as set fo,'tll and as regulated by § 100- 81C(2Xb) of the Limited Business District, limited to a maximum of thirty (30) square feet in area. Freestanding or ground signs as set forth in and as regulated by § 100-101C(3) of the General Business District. Accessory uses as set forth in and as regulated by § 100. 131C(3) and (7) through (10) of the Light Industrial Park/ Planned Office Park District § 100.142. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the LI Light Industrial District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in ~ull? ARTICLE XVs° Density, Minimum Lot Size and Bulk Schedules [Added 1-10-89 by L.L. No. 1-1989] § 100-150. Repeal of existing schedule; incorporation of new schedules. The existing Bulk and Parking Schedule incorporated into this chapter by reference is hereby repealed, and the Density, Minimum Lot Size and Bulk Schedules hereinafter set forth are substituted in place thereof? 29 Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking and Loading Schedules are in ~ 100-191 and 100-192. 30 Editor's Note: Former Art. XV, Amendments, was renumbered as Art. XXIX 1-10-89 by L.L. No. 1-1989. 31 Editor's Note: The Density. Minimum Lot Size and Bulk Schedules are included at the end of this chapter. 10096 ~o-25-89 C § 100-31 SOUTHOLD CODE § 100-31 § 100-31. Use regulations. [Amended 3-14-89 by L.I~ No. 3-1989] In A-C, R-80, R-120, R-200 and R-400 Districts. 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 followin~ A. Permitted uses. (1) One-family detached dwellings, not to exceed one (1) dwelling on each lot. (2) [Amended 5-23-89 by L.L. No. 8-1989] The following agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure, fertilizer or ether odor- or dust- producing substance or use, except spraying and dusting to protect vegetation, within one hundred fifty (150) feet of any lot line: (a) The raising of fidld and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products grown on the premises, subject to the following special requirements: [1] All buildings for display and retail sales of agricultural and nursery products grown on the premises shall not exceed one thousand (1,000) square feet in floor area or erie (1) story in height. Display of produce at a roadside farm stand shall be not less than ten (10) feet from all street and lot lines. Any roadside farm stand in excess of fifty (50) square feet in floor area shall be set back twenty (20) feet from the street line. Any stand in existence at the effective date of this chapter must, within one (1) year, comply with all of the provisions hereof. [2] All signs shall conform to the provisions of § 100-31C(9). [3] Off-street parking as required in the Parking Schedule~ shall be provided and shall be approved by the Planning Board. Any roadside .5 Edltor's Note: See § 100-19lA for the Parking Schedulo. 10038 ?-2s-s9 § 100-31 ZONING § 100-31 stand in existence on the effective date of this subsection must, within one (1) year from such date, comply with the provisions hereof. (b) The keeping, breeding, raising and training of homes, domestic animals and fowl (except ducks)~ on lots of ten (10) acres or more. (c) Barns, storage buildings, greenhouses (including plastic covered) and other related structures, provided that such buildings shall conform to the yard requirements for principal buildings. (3) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. B. Uses permitted by special exception by the Board of Appeals. The following uses.are permitted as a special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in Subsection B(15) hereof, are subject to site plan approval by the Planning Board: (1) Two-family dwellings not to exceed one (1) such dwelling on each lot. (2) Places of worship, including parish houses (but excluding a rectory or parsonage, which shall conform to the requirements for a one-family dwelling), subject to the following requirements: (a) No building or part thereof shall be erected nearer than fifty (50) feet to any street line and nearer than twenty (20) feet to any lot line. (b) Thc total area covered by all principal and accessory buildings shall not exceed twenty percent (20%) of the area of the lot. (3) Private elementary or high s~hools, colleges and other educational institution~, subject to thc following require- merits: ~.e c~ k2 .~ ~:,., , ~. ~ ., 10039 .-,. 22. s9 § 100-31 SOUTHOLD CODE § 100-31 (a) No building shall be less than fifty (50) feet from any street or lot line. (b) The total area occupied by all principal and accessory buildings shall not exceed twenty percent (20%) of the area of the lot, (c) Any school shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively thereunder as such. (d) Any such school shall occupy a lot with an area of not le~ than five (5) acres plus one (1) acre for each twenty-five (25) pupils for which the building is designed. (4) Nursery schools. (5) Philanthropic, eleemosynary or religious institutions, hospitals, nursing and' rest homes or sanatoriums for general medical care, but excluding facilities for the treatment of all types of drug addiction, subject to the following requirements: (a) No building or part thereof or any parking or loading area shall be located within one hundred (100) feet of any street line nor within fifty (50) feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed twenty percent (20%) of the area of the lot. (c) The maximum height shall be thirty-five (35) feet or two and one-half (2~) stories. (d) The entire lot, except aress occupied by buildings or parking or loading areas, shall be suitably ]and- scaped and properly maintained. (e) Sufficient exterior illumination of the site shall be required to provide convenience and safety. All such illumination shall be shielded fi.om the view of all surrounding streets and lots. 10040 s- 25- 89 () § 100-31 ZONING § 100-31 (6) (7) (f) Any nursing home, hospital or sanatorium shall meet the following standards: [1] All buildings shall be of fire-resistive construc- tion. [2] All such uses shall be served by adequate water and sewer systems approved by the Suffolk County Department of Health. [3] Patients suffering from communicable diseases shall not be permitted in any nursing home or sanatorium. (Communicable diseases are de- fined by the Sanitary Code of the Public Health Council of the State of New York.) [4] Eight thousand (8,000) square feet of lot area shall be provided for each patient bed. Public utility rights-of-way as well as structures and other installations necessary to serve areas within the town, subject to such conditions as the Board of Appeals may impose in order to protect and promote the health, safety, appearance and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed. Beach clubs, tennis clubs, country clubs, golf clubs, public golf courses and annual membership clubs catering exclusively to members and their guests and accessory playgrounds, beaches, swimming pools, tennis courts, recreational buildings and maintenance buildings, subject to the following requirements: (a) No building or part thereof or any parking or loading area shall be located within one hundred (100) feet of any street line or within fifty (50) feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed twenty percent (20%) of the area of the lot. (e) Such use shall not be conducted for profit as a business enterprise. § 100-31 SOUTHOLD CODE § 100-31 (d) No such use shall occupy a lot with an area of less than three (3) acres. (e) The direct source of all exterior lighting shall be shielded from the view of surrounding residential lots. (8) Children's recreation camps organized primarily for seasonal use and subject to the following requirements: (a) No building, tent, activity area or recreation facility shall be less than two hundred (200) feet from any lot line, and any such building, tent, activity area or recreation facility shall be effectively screened therefrom as required by the Planning Board. Buildings intended for uso as sleeping quarters shall be not less than thirty (30) feet from each other, except tents, which shall be not less than ten (10) feet apart. Co) The minimum lot area shall be not less than ten thousand (10,000) square feet for each cottage, tent or other principal building and not less than three thousand (3,000) square feet of land area shall be provided for each person accommodated in the buildings or tents on the premises. (c) All outdoor lighting shall be arranged and/or shielded to eliminate the glare of lights toward nearby residential lots, streets or other public facilities. (d) The sound level of all outdoor public-address systems shall not exceed the intensity tolerable in a residen- tial neighborhood. (9) Farm labor camps, subject to the following requirements: (a) All farm labor camps on farms shall be construed in conformance with applicable laws and shall not be located nearer to any other residence than the residence of the employer, except by specific review and approval of the Planning Board. 10042 2. ~ - s9 § 100-31 (10) (11) (12) (13) (14) ZONING § 100-31 Veterinarian's offices and animal hospitals, subject to the following requirements: (a) The housing of all animals shall be in a fully enclosed structure, ff nearer than one hundred fifty (150) feet to any lot line. Cemeteries. Stables and riding academies. Wineries for the production and sale of wine produced from grapes primarily grown in the vineyards on which such winery is located. [Amended 8-1-89 by L.L. No. 15-1989] One (1) accessory apartment in an existing one-family dwelling, subject to the following requirements: (a) The accessory apartment shall be located in the principal building. (b) The owner of the existing dwelling shall occupy one (1) of the dwelling units ~s the owner's principal residence. The other dwelling unit shall be lessed for year-round occupancy, evidenced by a written lease for a term of one (1) or more years. (c) The existing one-family dwelling shall contain not less than one thousand six hundred (1,600) square feet of livable' floor area. (d) The accessory apartment shall contain not less than four hundred fifty (450) square feet of livable floor area. (e) The accessory apartment shall not exceed forty percent (40%) of the livable floor area of the existing dwelling unit. (f) A minimum of three (3) off-street parking spaces shall be provided. (g) Not more than one (1) accessory apartment shall be permitted on a lot. 10043 ~o- ~- ss § 100-31 SOUTHOLD CODE § 100-31 (h) The accessory apartment shall meet the require- ments of a dwelling unit as defined in § 100-13 hereof. (i) The exterior entry to the accessory apartment shall, to the maximum extent possible, retain the existing exterior appearance of a one-family dwelling. (j) All exterior alterations to the existing building, except for access to the apartment, shall be made on the existing foundation. (k) The certificate of occupancy shall terminate upon the transfer of title by the owner or upon the owner ceasing to occupy one (1) of the dwelling units as the owner's principal residence. In the event of an owner's demise, the occupant of an accessory apartment may continue in occupancy until a new owner shall occupy the balance of the dwelling or one (1) year from' date of said demise, whichever shall first occur. (l) All conversions shall be subject to the inspection of the Building Inspector and renewal of the certificate of occupancy annually. (m) The building which is converted to permit an accessory apartment shall be in existence and have a valid certificate of occupancy issued prior to January 1, 1984. (n) The existing building, together with the accessory apartment, shall comply with all ether requirements of Chapter 100 of the Town Cede of the Town of Southold. (o) Notwithstanding the provisions of § 100-3lB hereof, no site plan approval by the Planning Board shall be required for the establishment of an accessory apartment. (p) Approval by the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. 10044 to- 25.89 § 100-31 ZONING § 100-31 cai Law (q) No bed-and-breakfast facilities, as authorized by § 100-31B(15) hereof, shall be permitted in or on premises for which an accessory apartment is authorized or exists. [Added 3-14-89 by L.L. No. 3- 1989] (15) The renting of not more than three (3) rooms in an owner- occupied dwelling for lodging and serving of breakfast to not more than six (6) casual and transient roomers, provided that the renting of such rooms for such purpose is clearly incidental and subordinate to the principal use of the dwelling, subject to the following requirements: (a) Adequate off-streot parking spaces shall be provided for such rented rooms in addition to parking spaces for the use of the family of the owner. (b) No accessory apartment, as authorized by § 100- 31B(14) hereof, shall be permitted in or on premises for which a bed-and-breakfast facility is auth6rized or exists. [Added 3-14-$9 by L.L. No. 3-1989] C. Accessory uses, limited to the following uses and subject to the conditions listed in § 100-33 herein: (1) Any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter. ,.9 n {$6g. ~ ~r~ ~'p ~ or- ~I ............ ~-~ Notwithstandln~'anythinq set forth elsewhere in this Article, home occupations, home business office and home professiona[ offices sha[] in no event be deemed to include animal hospitals, kennels, barbershops, beauty parlors, clinics or hospltals, mortuaries. nursery schools, clubs, auto repair shops. restaurants, tourist homes, rooming houses or boardinghouses and uses similar to those listed above. For slqns. Section 100-31C(9)(a). Home occupations, home business office and home professional offices shall not include manufacturinq, fabrication or construction of any type on the site. The outdoor storaqe of equipment necessary for residents connected with aquaculture shall be screened from view and shall conform to the setbacks for accessory structures. shall take effect uoon its filln~ with the Secretary § 100-100 SOUTHOLD CODE § 100-101 ARTICLE X General Business (B) District [Added 1-10-89 by L.L. No. 1-19892°] § 100-100. Purpose. The purpose of the General Business (B) District is to provide for retail and wholesale commercial development and limited office and industrial development outside of the hamlet central business areas, generally along major highways. It is designed to accommodate uses that benefit from large numbers of motorists, that need fairly large parcels of land and that may involve characteristics such as heavy trucking and noise. § 100-101. Use regulations. In the B District, no building or premises shall be used and no building or part thereof shall be erectecl or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the followin~ A. [Amended 5-9-89 by L.L. No. 6-1989] Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) hereof, are subject to site plan approval by the Planning Board: (1) Any permitted use set forth in and regulated by § 100- 31A(2) and (3) of the Agricultural-Conservation District. (2) Any permitted use set forth in and regulated by § 100- 91A(3) to (18) of the Hamlet Business District. (3) Wholesale businesses, warehouses and building material storage and sale, but excluding storage of coal, coke, fuel oil or ~unk. (4) Building, electrical and plumbing contractors' businesses or yards. C 10080 lO - 25 - 89 ) § 100-101 ZONING § 100-101 (5) 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. (6) Wholesale or retail sale and accessory storage and display of garden materials, supplies and plants, including nursery operations, provided that the outdoor storage or display of plants and materials does not obstruct pedestrian flow or vehicular traffic and does not occur within three (3) feet of the property line. (7) Wholesale/retail beverage distribution. (8) Funeral homes. (9) Train or bus stations. (10) Telephone exchanges. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: (1) Any special exception use as set forth in and regulated by § 100-31B(2) to (13), except wineries are not required to be in connection with a vineyard. [Amended 8-1-89 by L.L. No. 15-1989] (2) Hotel or motel uses as set forth in and regulated by § 100-61B(4) of the Resort Residential (RR) District. except that the minimum lot size shall be three (3) acres. [Amended 8-13-1991 by L.L. No. 19-1991] (Cont'd on page 10081) 10080.1 9- 25- 91 § 100-101 (a) ZONING § 100-101 Bed-and-breakfast enterprises or boarding and/or tourist homes as set forth in and regulated by § 100-31B(15) of the Agricultural-Conservation District, except that no site plan approval is required. (4) Tourist camps as regulated by Chapter 88, Tourist and Trailer Camps, of the Town Code. (5) Research design or development laboratories, provided that any manufacturing shall be limited to prototypes and products for testing. (6) Fully enclosed commercial recreation facilities, including but not limited to tennis clubs, skating rinks, paddle tennis, handball and squash facilities, dance halls, billiard parlors, bowling alleys, health spas and clubs and uses normally accessory and incidental to commercial recrea- tion, such as locker rooms, eating and drinking facilities and retail sale of goods associated with the particular activity. (7) Laundry or dry-cleaning plants, subject to the following conditions: (a) All processes and storage shall be carried on within an enclosed building. (b) All fluids used in processing shall be recycled, and the overall facility shall be designed, located and operated to protect surface wators and the ground- water reservoir from pollution. (8) Fraternal or social institutional offices or meeting halls (nonprofit). (9) Fast-food restaurants, provided that eating on the premises of the fast-food restaurant shall be permitted only inside the structure or in areas specifically desig- nated and properly maintained outside of the structure and where minimum lot size for a freestanding structure is forty thousand (40,000) square feet. (10) (11) Drinking establishments. Automobile laundries. 10081 2 - 25 - 89 § 100-101 SOUTHOLD CODE § 100-101 (f) No customer shall be permitted to dispense gasoline unless he shall possess a valid motor vehicle operator's license. (g) There shall be no latch-open device on any self- service dispensing nozzle. (14) Private transportation service, including garage and maintenance facilities. C. [Amended 5-9-89 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Accessory uses set forth in and as regulated by § 100- 31C(1) through (8) of the Agricultural-Conservation District, subject to the conditions set forth in § 100-33 thereof. (2) Wall signs as set forth and regulated in § 100-81C(2)(b) of the Limited Business District. (3) Freestanding or ground signs. Where the building is set back twenty-five (25) feet or more from the street, one (1) sign, single- or double-faced, not more than twenty-four (24) square feet, the lower edge of which shall be not less than four (4) feet above the ground, unless attached to a wail or fence and the upper edge of xvhich shall not extend more than fifteen (15) feet above the ground shall be permitted, which sign shall be set back not less than fifteen (15) feet from all street and property lines and shall advertise only the business conducted on the premises. As used in this subsection, the word "premises" shall mean all contiguous property in common ownership. (4) Open storage of materials or equipment, provided that such storage shall be at least twenty-five (25) feet from any lot line, not be more than six (6) feet high and be suitably screened by a solid fence or other suitable means of at least six (6) feet in height. 10084 7- ~5- ss § 100-131 ZONING § 100-131 [Amended 5-9-89 by L.L. No. 6-1989] Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) hereof, are subject to site plan approval by the Planning Board: (~) Any permitted uses set forth in and as regulated by § 100-31A(2) and (3) of the Agricultural-Conservation District. Bo (2) Any permitted uses set forth in and as regulated by § 100-101A(3) t(; (5)-of the General Business District. (3) Office buildings for businesses, governmental and professional uses, including administrative training, data · processing, publication, financial and sales offices. (4) Telephone exchanges. (5) Buildings, structures and uses owned or operated by the Town of South01d, school districts, park districts and fire districts. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, subject to site plan approval by the Planning Board: (1) Any special exception use set forth in and as regulated by § 100-101B(5), (7) and (10) of the General Business District. (2) Light industrial uses involving the fabrication, reshaping, reworking, assembly or combining of products from previously prepared materials and which do not involve the synthesis of chemical or chemical products other than for pharmaceutical or research purposes or the process- ing of any raw materials except agricultural raw materials. Such uses may include industrial operations such as electronic, machine parts and small component assembly, as opposed to heavy industrial operations such as automobile assembly or milling activities, and will be subject to the following con~titions: 10091 7-2s-ss § 100-131 SOUTHOLD CODE § 100-131 (a) No such process or operation shall involve the handling, storage or discharge of explosives or permit upon the premises any virus or other type of infectious organisms identified with diseases of animals or humans. (b) No offensive noises, gases, fumes, smoke, odom, dust, effluent or vibrations shall emanate from such use and no waste products shall be discharged therefrom of a character to create a nuisance or to be injurious to health or to negatively impact groundwater. (c) Such processes shall involve the use of only oil, gas or electricity for fuel. (3) Conference facilities, subject to the following conditions: (a) Where rooms are provided for conference attendees, said rooms are permitted as set forth and regulated by § 100.61B(4). of the Resort Residential (RR) District~ [Amended 5-23-89 by L.L. No. 7-1989] (4) Public utility structures and uses. (5) Printing or publishing plants. (6) Truck or bus terminals (garages, parking facilities, loading docks, etc.). (7) Food processing and packaging plants, not including fish processing plants. 8)~te-V~'h~etail s.a.~j~, nd repair of boats and marine (9) Boat building, boat servicing and boat storage facilities. (10) Restaurants. (11) Sauerkraut manufacturing plants. (12) Basic Utility Stage II airport, subject to the following conditions: 10092 7- ~- s9 § 100-131 ZONING § 10~131 (al Minimum parcel size shall be one hundred (10O) (13) Bed-and-breakfast uses as set forth in and as regulated by § 100-31B(15), provided that no site plan approval is required. (14) Wineries. [Added 8-1-89 by L.L. No. 15-1989] C. [Amended 5-9-89 by L.L. No. 6-1989] Accassory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Accessory uses on the same lot with and customarily incidental to any permitted or special exception use and not involving a separate business. (2) Wall signs as set forth in and regulated by § 100- 81C(2Xb) of the Limited Business District, limited to a maximum size of thirty (30) square feet in area (3) Freestanding or ground signs as set forth in and regulated by § 100-101C(3) of the General Business District. (4) Fully enclosed storage facilities incidental to the principal (5) Open sterage as set forth in and regulated by § 100- 101C(4) of the General Business District. (6) Indoor and outdoor recreation facilities for the exclusive use of executives and employees of the principal use and their families. (7) In-service training schools for employees of the principal Use. (8) Private garages for the storage and service of motor vehicles owned by the owner of the principal use or the executives or employees thereof, or visitors thereto, including the sale of them, but not to the public generally of gasoline, oil and minor accessories. 10093 lo- 25- 89 § 100-131 (9) (10) (11) SOUTHOLD CODE § 100-140 Central heating and power plants accessory to the principal u~ and the service of all structures on the premises. Maintenance and utility shops incidental to the principal use. Off-street parking and loading. Said areas shall not be nearer than fifty (50) feet to any lot line or street and, if generally adjacent to any street or any residence district, shall be suitably screened by a landscaped strip of at least ten (10) feet in width. § 100-132. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the LI0 Light Industrial Park/ Planned Office Park District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full.2~ ARTICLE XIV~s Light Industrial (LI) District [Added 1-10-89 by L.L. No. 1-1989] § 100-140. Purpose. The purpose of the Light Industrial (LI) District is to provide an opportunity for business and industrial uses on smaller lots than would be appropriate for the LIO Light Industrial Park/Planned Office Park District. 27 Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking and Loading Schedules are in ~ 100-191 and 109-192. 28 Editor's Note: Former Art. XIV, Administration and Enforeement. was renumScred as Art. XXVIII 1-10-89 by L.L~ No. 1-1989. 10094 lo- 2s- s9 § 100.101 SOUTHOLD CODE § 100.101 (fl No customer shall be permitted to dispense gasoline unless he shall possess a valid motor vehicle operator's license. (g) There shall be no latch-open device on any self- service dispensing nozzle. (14) Private transportation service, including garage and maintenance facilities. C. [Amended 5-9-89 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (I) Accessory uses set forth in and as regulated by § 100- 31C(1) through (8) of the Agricultural-Conservation District, subject to the conditions set forth in § 100-33 thereof. (2) Wall signs as set forth and regulated in § 100.81C(2Xb) of the Limited Business District. (3) Freestanding or ground signs. Where the building is set back twenty-five (25) feet or more from the street, one (1) sign, single- or double-faced, not more than twenty-four (24) square feet, the lower edge of which shall be not less than four (4) feet above the ground, unless attached to a wall or fence and the upper edge of which shall not extend more than fifteen (15) feet above the ground shall be permitted, which sign shall be set back not less than fifteen (15) feet from all street and property lines and shall advertise only the business conducted on the premises. As used in this subsection, the word "premises" shall mean all contiguous property in common ownership. (4) Open storage of materials or equipment, provided that such storage shall be at least twenty-five (25) feet from any lot line, not be more than six (6) feet high and be suitably screened by a solid fence or other suitable means of at least six (6) feet in height. 10084 7- 25. s9 .t · 'tRUSTEES ~ ' John M. Fredemeyer, !II. President Albert J. grapski, Jr., Vice President Henry P. Smith John B. Tuthill William G. Albertson Telephone (516) 765-1892 Fax (516) 765-1.823 April 23, 1992 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPER¥1SOR 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 SCTM 91000-53~2-2 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 M. Bredemeyer, III President, Board of Trustees JMB: jmt cc: Planning Board Zoning Board Building Dept. HD LIO ',4 X .__..____>.. ........... __~,,__.________._.._. ...................................................... ........................ 119}9 ;Z:Z:;';;'¢'-- .......... :~Z;;;;-;;;; ............................................................................................. · CD .I © COUNTY OF SUFFOLK 1~'~$OUTHOLD ..... Real Properly Tax Service Agency ,~u~c~ 05~ PROPERTY MAP RECEIVED OF ~FOWN CLERK TOWN OF SOUTHOLD Suffolk County, New York Phone 516o765-1801 Southold, New York 11971 Date 43842 Judith T. Terry, Town Clerk By BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petilion of ' : PECONIC ASSOCIATES, INC. : to the Board of Appeals of the Town of Southold'h., : JOSEPH SCHOENSTEIN & ANO. P. O. BOX 547 ',, NOTICE TO ADJACENT PROPERTY OWNER JOHN NICOLETTI & WIFE 50 PIPES NECK ROAD GREENPORT, NY 11944 '" GREENPORT, NY 11944 YOU ARE HEREBY GIVEN NOTICE: -- ~ 1. That it is the intention of the undersigned to petition the Board of ~A~eals of the Tow~n of Southold to request a (X/~X~X~)~)~)(Special Exception)(~(~KRI(~4~)~) (X~)~a~')0 [cir~ choice) 2. That the property which is the subject of the petition is located adjacent to your property and is des* cribed as follows: CONSTRUCT A RETAIL ANTIQUESI. AND DECORATIVE GIFT SHOP. 3. That the property which is the subject of such Petition is located in the following zoning district: LI (LIGHT INDUSTRIAL) 4 That h} such Pelition, the undersigned will request the following relief: INSUFFICIENT TOTAL AREA AND REAR YARD 5. That the provisions of the Southold TowmZoning-Code ap?licable to the~ relief sought by the under- signedare /krtO-cle XIV ~ect_ton' 100-14r8 .~ . .,.. ~.,' [ ] Section 280-A, New York Town L~or approval of access over right(s)-of-way: 6. Thal within five days from the date hereof, a written Pelition requesting the relief specified above will be filed in the 5outhold Town Clerk's Office at Main Road 5outhold, New York and you may then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the B6ard of Al~peaS; 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: PECONIC ASSOCIATESt 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 PROOF OF MAI~ING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 100 319 845 ~;J~ NICOLETTI & WIFE :, 5o~'P~E~ NECK ROAD P 100 319 844 CCZiPT =OR CERTIFIED OSEPH SCHOENSTEIN & 4NO. P. O. BOX_547 STATE OF NEW YORK COUNTY OF SUFFOLK ~ERLON E~ WIGGIN ,residing at GRFFNPORT. NFW YORK , being duly sworn, deposes and says that on the 3RD day of APRIL ,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 the United States Post Of- ficea/ GREENPORT, NEW YORK (certified) (rcxistcrcd) mail. Sworn to bcfore me this day of ,/~ r,,,-, L ,19 ;that said Notices were mailed to each of said persons by (This side does not have property owners.) to be completed on form transmitted' to. adjoining PROOF OF MAILING OF NOTICE ATTACH CERTIFIED HAIL RECEIi:TS ADDRESS P 895 93? '484 Certified Mail Receipt No Insurance Coverage Provided Do no use for Inlernational Mai~ __ (See Reverse) JOHN NICOLETTI & WIF 50 PIPES NECK ROAD -G~ENPOP~T, J~b_ f_,_ P 895 937 485 Certified Marl Receipt Insurance Coverage Provided Do not use for International Mail (See Reverse) IOSEPH SCHOENSTEIN & Ai;O. STATEOFNEW YORK) COUNTY OFSUFFOLK) SS.: LINDA S. TAGGART , residing at SOUTHOLD, NEW YORK ,beingduly sworn, deposes and says that on the 1st day of JULY , 19 9.2 , 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 roil of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at GREEHPORT. NEW YORK (certified) (registered) mail. Sworn to b~for~ me this day of ~ ; that said Notices were mailed to each of sai? p~r~ons by (Tills side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEAr. S, TOWN OF SOtJTHOI.D In the Matler o~ the Petition of : the Board of Appeals of tire [own of !%oud~ohi : TO: JOSEPH SCHOENSTEIN & ANO. P.O. BOX 547 GREENPORT, N.Y. 11944 NOTICE TO ADJACEHT PROPERTY JOHN NICOLETTI & WIFE 50 PIPES NECK ROAD GREENPORT, N.Y. 11944 YOU ARE HEREBY GIVEN NOIICE: 1. That it is the intentioo of the undersigned to petition the Board of Appeals of the Town of Southold to request a (~'~t[) (Special Exception) (~J~i~c.X~'Xrl{~ (ggg~i~) [circle choice] VARIANCE 2. That the property width is the subject of the Petition is located adjacent to your property and is des- cribed as follows; __ (/ON~TRTIC'T A P~.TATT, ANrpTQIIRS: AND T~V. JTORATTVR ~TET F~HOP 3. That tile property wi~ich is the subject of such Petition is located in the following zoning district: gI ( LIGHT INDUSTRIAL) 4 ~'hatb"~ sucb Pelitinn, the undersigned will request the following relief: INsuFFICIENT TOTAL AREA AND R~AR YARD 5. That the provisions of tire Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ](IV Sect/on 10Q-131B [ ] Section 280-A, New York Iown Law for approval of access over right(s)-of-way] 6. That within five days from tile date hereof, a written Petition requesting the relief specified above will be filed in the $outhold Town CJerk's Office at Main Road Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of .such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: JULY l, 1992 PECONIC ASSOCIATES, INC. Petitioner Owners ' Names :_ L!NDA rPA~ggP'~ Post Office Address P.O. EOX 62d GREENPORT, N.Y. 11944 Tel. No. (516) 477-0030 [Copy of sketch or plan showing proposal to be attached for convenience purposes.]