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HomeMy WebLinkAbout4071 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 SCO371' 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 Appeal No. 4071: Application made by JOSEPH F. BARSZCZEWSKI, JR. for Variances to the Zoning Ordinance, Article XXIV, Section 100-244B, for permission to reduce setbacks, and Article XIV, Section 100-142 for lot coverage at more than thirty (30%) percent of the total lot area. Application/owner is proposing to locate a principal storage-building-in-thi~ Light Industrial (LI) Zone District and will be required to obtain approval from the Southold Town Planning Board concerning the site plan regulations applicable for this nonconforming lot. Location of Property: 145 Kerwin Boulevard, Greenport, NY; Map of Peconic Bay Estates, Lot No. 176; County Tax Map ID No. 100-53-2.-9. WHEREAS, after due notice, a public hearing was held on March 5, 1992, and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application appealing the Building Inspector's October 29, '1991 Notice of Disapproval concerning insufficient setbacks and excessive lot coverage for a proposed principal storage building on this unimproved parcel. 2. The premises in question is located in the Light- Industrial (LI) Zone District and contains a total (nonconforming) lot area of 9375 sq. ft. 3. The subject premises is a corner lot as defined by Section 100-13 of the zoning code with frontage of 62.50 feet along Kerwin Boulevard and 150.0 feet along the north side of Lawrence Lane (a private, unimproved road). Page 2 - Appl. No. Matter of JOSEPH F. BARSZCZEWSKI Decision Rendered March 25, 1992 4. Article XXIV, Section 100-244B of the zoning code provides reduced minimal setbacks for a principal building on a nonconforming lot of this size as follows: (a) front yard at 35 feet, or more; (b) side yard at 15 feet, or more; (c) rear yard at 35 feet, or more. The lot coverage required is twenty (20%) percent of the total lot area. 5. In this application, reduced setbacks are requested: (a) from the northerly property line five feet; (b) from the easterly property line at ten feet; (c) from the southerly front property line at 7-1/2 feet. The lot coverage is 50 feet by 75 feet for a total building area of 3750 sq. ft., or forty (40%) percent. 6. The following factual data is also noted for the record in considering this application: (a) a preliminary site plan review is pending before the Southold Town Planning Board; (b) the parcel is surrounded on all boundaries by other parcels also nonconforming as to lot size in the LI Zone District; (c) a portion of the private road known as "Lawrence Lane" is clear for emergency access, and the applicant has assured the Board that he will increase the clearance between the proposed building to and within Lawrence Lane as is necessary for fire and other emergency vehicles; (d) the Office of the Planning Board has agreed to waive the necessary screening along the south side of the building in order to allow sufficient access from Lawrence Lane for fire and other emergency vehicles to the back of the building; (e) the proposed equipment and vehicular storage building will be for the owner, not requiring active daily parking for on-site customers since the intent is strictly for storage and parking inside the building by the owner without plumbing facilities {unless subsequent application is made to the Health Department and Building Department for plumbing facilities}. 7. In considering this application, the Board further finds and determines: (a) that this particular lot is a corner lot and even with the relief granted the building will be further set back Page 3 - Appl. No. 1 Matter of JOSEPH F. BARSZCZEWSKI Decision Rendered March 25, 1992 from the street line of the street than the rest of the buildings; Ib) there are no easements across the back portion of the premises and there are no buildings on nearby parcels which are affected by the placement of the proposed storage building; (c) in the event the requested setbacks were not granted, the only alternative will be to reappty for front yard variances {which would not be more reasonable under the circumstances}; (d) the owner of contiguous property to the east has confirmed in the record that the yard area immediately abutting the applicant's property would remain as an open, unobstructed area for the applicant's benefit as may be needed under the circumstances {see hearing transcript of MarC5 5, 1992). [e) the use proposed, for principal storage, will be compatible with the overall plan and policy for development in the Town and would not create conditions distinctly different from those existing in the locality or essentially alter the permitted uses in this district or of adjacent use districts; (f) the safety, health, welfare, comfort, convenience and order of the Town will not be adversely affected by the proposed storage use; (g) the difficulties claimed are uniquely related to the land and are not due to the general conditions of the neighborhood, are not personal to the landowner, and have not been created by the landowner; (h) there is no other method feasible for appellant to pursue other than a variance due to the nonconformities of the land; (i) in light of all of the above, the interests of justice will be served by granting the variances requested, reversing the north and southerly yard setbacks from 5 feet and 7-1/2 feet to 7-1/2 feet and 5 feet, respectively, and as conditionally noted below. ACCORDINGLY, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT relief in the Matter of the Application of JOSEPH F. BARSZCZEWSKI, JR. under Appl. No. 4071, SUBJECT TO THE FOLLOWING CONDITIONS: ?age 4 - Appl. N~071 Decision Rendered March 25, 1992 Matter of JOSEPH F. BARSZCZEWSKI, JR. 1. The setback at the northerly property line shall be not closer than 7-1/2 feet; 2. The setback at the easterly property line shall be not closer than ten (10) feet, as applied; 3. There shall be a 10-ft. clearance in the southerly area extending from the easterly side of Kerwin Boulevard for emergency access by fire and other vehicles [a five ft. clearance from the building and five ft. clearance within Lawrence Lane, for a 10 ft. total clearance, is acceptable). In the event of any shrubs close to the building at the southerly side, the 10 ft. emergency access can be moved closer towards Lawrence Lane (in the event some screening is mandated by the Planning Board site plan regulations). Alternatives may be agreed to between the ZBA and Planning Board to prevent a conflict. ....... Note: Any change of use to other than that permitted under the Light-Industrial Zone District regulations may be subject to further approvals or other requirements of the Town of Southold or County of Suffolk. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio and Villa. This resolution was duly adopted. lk G~RAPJ3 P. GOEHRINGER, C~AIRMAN .204Z£ i~2o' '- , J COUNTY OF SUFFOLK ROBERT J. GAFFNE~ SUFFOLK COUNTY EXEC:UTIV£ ARTHUR H. KUNZ DIRECTOR OF PLANNING April 20, 1992 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. ./~pplicant(s) ' Barszczewski, Joseph Municipal File Number(s) 4071 AMAC, Inc. (Sukru Ilgin) 4074 Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner (516) 853-5192 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 FF.O 18Ji SCOTF L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 TO: Gerard P. Goehringer, Chairman, Zoning Board of Appeals FROM: Bennett Orlowski, Jr., Chairman RE: Joseph Barsczewski SCTM# 1000-53-2-9 nBA Appeal #4071 DATE: February 14, 1992 This is in response to your request of January 6, 1992, for this Board's comments on the sketch that accompanied your memo on the above referenced property. The Planning Board cannot comment on this the insufficient level of detail. For instance, plan should show the following information: sketch because of the sketch site 1. The percent of lot coverage of the proposed building. o Type of building proposed; along with a sketch or elevation drawing of the building. Parking calculations and the location of the parking spaces. In addition to the above, it would seem prudent to determine whether the proposal could obtain Health Department approval during the SEQRA review procedure..~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dini~io, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF A. PPEALS TOWN OF SOUTHOLD TYPE II ACTION DECLARATION 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 December 16, 1991 Appeal No. 4071 Project/Applicants: County Tax Map No. Location of Project: JOSEPH F. Barszczewski 1000- 53-2-9 145 Kerwin Boulevard, Greenport Relief Requested/Jurisdiction Before This Board in this Project: Construct storage shed insufficient front, side and rearyard setback and excessive lot coverage. This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should the project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of~Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at {516) 765-1B09. tr ~.. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated ...... /..W/. ,19 ~"/. for permit to ~,~..,d6z~.. ~ ~..~ ,. ,7'" - ......... ~ ...... Location of Property ,.../..~..0~. ........ .,~..,.,~. ~,~ r~ouse No ..... · - ..... Ha,~er ' County Tax Map No I000 Section Subdivision ................. Filed Map No ................. Lot No .................. ~d~..~~~.~:.~~~ ...... .~ ........ ~..~~.. ~~~.~~..~d~. . ~...~. ~, d/~.~...~ ~ .... ~....~, ~--~ ~ ~ ........ .... ~ ~.~:-~~~.~... ~.~..~...~.~..~. Bui~ Inspector '' RV 1/80 RECEIVED OEO 04 1~1 souT, o~.~ Town Clerk APPEAL FROM DECISION OF BUILDING INSP~'~OR APPF-AL NO. V~) ~/ DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~, (We~ ~.¢~.e~ ~ ~.~ZCZ~SV~ :f~ .of ..ta.s...s....~-.q~...~.c...--.~fiJilji~Li~-...- Name of AppelJont Street and Number ....C~.....~....~...~...~..~.~,~..~.' ...... . ................ .]~......~...j~.; .......... HEREBY APPEAL TO MuniciooJity THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING iNSPECTOR ON APPLICATION FOR PERMIT h,'O ..................................... DATED ...................................................... WHEREBY THE BUILDING iNSPECTOR DENIED TO ....... Name of Applicant for permit Street and Number Municipality State of ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (~/) " , 1. LOCATION OF THE PROPERTY ...!..~.~. ...... ¥'~¢.<~,~:~.-~- .~k]~. ................ Street /Hamtet / Use District on Zoning Map gistric~ 1000 Section Block Lot ~ ~ ~ner~O~ ~ ~~ ...... ,.burren~ ..................................... ~ot ~o. Prior Owner ~ ~ ~m~ M~. ~- s~ .~. ~ ,~ ~ 2. PROVISION (S) OF THE ZONING ORDINANCE APP~LED (Indicate the Article Section, Sub- section o~ph of the Zonin~ Ordin~nc~ by number. Do no~ quot~ the Ordinance.) ArCicle~ Section J0~' ~ ~ 3, ~PE OF APP~LAppeai is made herew~[h for (please check appropriate box) (~A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has)J~"~ been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) ,,~ Variance to Section 280A Subsection 3 (V~ A Variance to the Zoning Ordinance ( ) is requested for the reason that (Continue on other side) REASON FOR APPEAL Contmuecl 1 STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sar,,, HARDSHIP because 2. The hardship created is UNIQUE and is not shlared by all properties alike in the immediate vicinity of this property and in this use district because 3. Tbe Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ) ss COUNTY OF $~t~f~l.~-' ) Sworn to this V day of ........................................................ 19 ~/ Notary Public JOYCE M. WILKINS Notllry Public, State of New ~o~ No. 4952246, Suffolk Cour~ Term Expires June 12, 19-~--~ $outhold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, l.l., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS J GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JAMES DINIZIO, JR. ROBERT A, VZLLA Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: X Variance from the Zoning Code, ArticleXXII~ Section 100-244B Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 4071 Applicant: Joseph F.Barszczewski Location of Affected Land: 145 Kerwin Boulevard, Greenport County Tax Map Item No.: 1000- 53-2~9 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) X State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Boundary of Existing or Proposed County, Other Recreation Area- Thruway State or Federally Owned State or Federal Park or Land 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 construct s~rage shed with insufficient front yard setback and insufficient side and rear yard setback and excessive lot coverage. Copies of Town file and related documents enclosed for your review. Dated: April .14, 1992 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 April 14, 1992 Mr. Joseph F. Barszczewski, 2755 Albertson Lane Greenport, NY 11044 Jr. Re: Appl. No. 4071 - Variance Dear Mr. Barszczewski: Please find attached a copy of the Board's findings and determination rendered at our meeting of Thursday, March 1992 concerning the above application. 25, Please be sure to return to the Planning Board, Building Department, and any and all other agencies which may have jurisdiction before commencing building activities. Copies of this determination have also been furnished this date to the Planning Board and the Building Department for their update and permanent recordkeeping. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Southold Town Building Department Southotd Town Planning Board Suffolk County Department of Planning I~C - 9 1991 C or anything other than the prefabricated building package s not included un ess specifically stated herein.; EAVE HEIGH PLEASE LOCATE I~RAM~D OPENINGS CONTINGENT ON ENGINEERING APPROVAL This order is subject to the terms and Cone agrees to all of the terms herein contained, Signed Dated Accepted by 617.21 ',.. Appenclix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM SEQR For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by ADDlicant or Proiect s~3onsor) 4, PRECISE L~TION (5lreet a=~resa a . S. IS PROP ED ACT]ON: 6. DESCRIBE PROJECT BRIEFLY.' 7. AMOUNT OF ED: InHiall¥ UIUmatel¥ ~ acres 8. WILL PROPOSED ACTION CCMPLY WITH EXISTING ZONING OR OTHER EXISTING LANO USE RESTRICTIONS? [] Yes ~10 Il NO, ~escr31~e b~ielly WHAT ~S PRESENT L,~NO U - e$1dcntial [--~nclu$1~'ial ~E~ Commercial [] Park~Forest/Oi)en space r'~ Otl~er 10. DOES ACTION INVOLVE A PERMIT A~PROVAL, OR FUNDING. NOW~'R ' · ~TAT/~,,R,~CAL}? . ULTIMATELY FROM ANy OTHER G '-------'-'--"--"--- I I~ i[] OVERNM ENTAL AG~Cy (FEDE~ =~ ~O~"' fist a~ency(s, and permiua~prova,, I I. DOES ANy ASPEC OF THE ACTION HAVE A CURRENTly VALID PERM T OR APPR ~ ~ Yes ~ If ye~, list 3gency name and pcrm~llapproval OVAL. ~ []Yes ;ON VIILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? .----------._. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE -'-'----"----- The N.y.s. Environmental Quality Review Act re of this for~, ~nd an environmental ~v.~ ,~ , QUires submission (b) If any question has been an$wered Yes th~ project may be sig- (¢) If all questions have been answered No it is likely that the E~nvi=onmental As~essmen~ lO. W£11 project have a m~jor effect on existinq or 11. Will project result in major traffic problems or 12. Will project regularly cause objectionable odors, 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.) B. Is the subject premises listed on the real estate market for ~ sale, or being shown to prospective buyers? { } Yes { ~No. (If Yes, pl~se at~h ~py ~f "cand/~nns" of sa~e.) C. Are there a~ /~roposals to change ~r alter land conteux~? { } Yes { ~o 1. Are there any areas which contain wetland grasses? ~%/d 2. Are the wetland areas shown on the map submitted with this application? ~ 3. Is the property bulkheaded between the wetlands area and the upland building area? ~0 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? ~ E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~0 (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fencas which e~t and are not shown on the survey map that you ara submitting? ~ If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? ~ 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? A~ If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel ~L~ L~i) and proposed use ~-~.~ ~~ ~/Aut~orized S~nature' and Da{e / 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-1984] wETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L..L. N~. 6-1985]: · TIDAL WETLANDS: (I) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, fiats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, fiats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following:, salt hay, black grass, saltworts, sea lavender, t~ll cordgrass, high bush, cattails, groundsel, m~rshm~llow and iow (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. Bo FRESHWATER WETLANDS: (1) "Freshwater ~vetlands" as defined in Article 24, Ti- tie 1. § 24-0107, Subdivisions l(a) to l(d) inclusive· of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 z. 2s.ss NORTHERN STEEL PRODUCTS, INC. .... 4/24/91 ..... Joseph Barsczewski, Jr. Greenport, NY (Suffolk) 12 1 ~ RAKE TRIM WALL SHEETS LEFT END-WALL ELEVATION 1 I 12 RAKE TRIM WALL SHEETS' DEC - 9 ~ RICHT ENDWALL ELEVATION ROOF SHEETS -- EAVE GU'FI-ER -- WALL SHEETS --CORNER TRIM ~ -9 199~ NEAR SIDEWALL ELEVATION ROOF SHEETS -- EAVE GU'FI'ER --WALL SHEETS --CORNER TRIM FAR SIDEWALL ELEVATION - FLOOR PLAN ACC;E:S;S ORY $¢HEDgLE (~ t ' ~ ~'~ -/0 TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. V' LOT .~ / 7 ~/ ~ORME~ O~NE~) N E r ACR. ~ f ' S W ~PE OF BUILDING v RES.~ S~S. ML. ~11 FA~ COMM. CB. MISC. Mkt. V~lue ~N D IMP. TOTAL DATE REMARKS AGE BUILDING CONDITION N~ NO~L BELOW ABOVE FArM Acre Value Per Value Ac r~ I Tillable 3 Woodland Swampland FRONTAGE ON WATER House Plot DEPTH J ~ 0 ~ BULKH~D Total DOCK M. Bldg. Extension Extension Extension P~rch Porc~ Breezeway Garage Patio Total COLOR TRIM Foundation Basement Ext. Walls Fire Place Type Roof Recreation Room Dormer Driveway Bath Floors Interior Finish Heat Rooms ist Floor Rooms 2nd Floor Dine~e~ LR. DR. BR. FIN. B. ALTA Owner's Policy (m-2t 81) FTWC-RO0 POLICY OF TITLE INSURANCE Fb~t American Title Insurance Company of New York SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK, a New York corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, againsl loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access lo and from the land. The Compauy will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the exlent provided in the Conditions and Stipulations. First American Tiae h~surance ComPany of New York ~IC ABSTRACT, INC. ~anne Anstett I'R,~IDKNT To pa'/or lender oavmenl nf tho ;tmouf~t nl ilar,trance ON SETTLEMENT. I, rst Americau Title Insurance Company of New } ork NEW YORK ENDORSEMENT (OWNER'S POLICY) to be attached to Policy No. Title No. 162805 605-S-7067 1. The following is added to the insuring provisions on the face page of this policy: 'iS, Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. The following is added to Paragraph 7 of the Conditions and Stipulations of th is policy: "(d) If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assessments, water charges and sewer rents." "(e) Provision is made in the rate manual of this company filed with the Superintendent of Insurance of the State of New York for continuation of liability to grantees of the insured in certain specific circumstances only. In no circumstance provided for in this sub-section shall this cor~pany be deemed to have insured the sufficiency of the instrument of conveyance or to have assumed any liability for the sufficiency of any proceedings after the date of this policy." First Americ0 $CHEDULEA Title No. 605-S-7067 Policy No. ZZ 162805 Amount of Insurance $ 50,000.00 Date of Policy May 2, 1989 1. Ne.me of insured.' JOSEPH F. BARSZCZEWSKI, JR. AND JANE M. BARSZCZEWSKI, HIS WIFE 2. The estate or Interest in tl3e ~n~!~.hl~,:l~:q~y~red ~b~!~.p~!l?.y IS~.::~: :.::.':~.~.,. FEE SIMPLE 3. ~tetothe~tate;r n;erest nthe and~g{~{~':i~:~~?~?]:: JOSEPH F. BARSZCZEWSKI, JR. AN~ ' · ,'}~:~:~-'V;:~::~:~->~'?~:JANE M. BARSZCZEWSKI, HIS WIFE By deed from George .L,...P~n~)~D?:~?:.~a%e~ MaY ..2, 1989 and recorded in the O~iice oi gh~t-~:~.:.~f:~ CogngT-.~:~tf°lk' 4. The land referred to In thls policy Is desc[ibed a~-follows: 1000-053.00-02.00-009 · 000 SCHEDULE B Title No. Policy No. EXCEPTIONS FROM COVERAGE ' This policy does not insu re against loss or damage (and the Company will not pay costs, attorneys' fees or exper~ses) which arise by reason of: A. Mortgage held of record by George L. Penny, Inc., dated May 2, 1989 and recorded in the Office of the Clerk of the County of Suffolk in the amount of $40,000.00. B. Survey made by Roderlck Van Tuyl, dated 6/20/1977 shows vacant land. SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being at Arshamomaque, in the Town of Southold, County of Suffolk and State of New York, known and designated as lot No. 176 on a certain map entitled, "Amended Hap A, Peconic Bay Estates" dated Hay lg, 1933 and filed in the Suffolk County Clerk's Office on 5/19/33 as Map No. 1124. Th~ policy to be issued under this report will insure the title to such buildings and improvements erected on the premises which by law constitute real property. FOR TOGETHER with all the right, title and interest of the party of the first party, of, in and to the land lying CONVEYANCING [tn the street In front of and udjolnlng said premises. ONLY Page 2 ~,00 TAX MAP I)EKI(;NA'IIt ~N THIS INDF_.riTIJRE, made the c~- B~ L. PENNY, INC., MaiW. ROad, Greenport, pa~rty of ~e~rst part, and day of ~ay , niueteen huudred and 89 a domestic corporation with offices at no #, JOSEPtf.~BARSZCZEWSKI and ,JANE M. BARSZGZEWSKI, his wife, both residing at no '#, Alberton Lane, Southold, New York party of tile second part, art in consideration of Ten Dollars and other valuable considerati.on WITNF.~ETH, that the party of the~rst p ~ · --' -4ease nto the oarty o{ the second ~, the he,rs paid by thc ~rty of the second part, does nereoy gram anp ,~--~ u ~ ~r successors and assi~s oi the party of the second part forever, ALL that certain plot, piece or parcel o[ land, with thc buildings and improvements thereon ereded, situate, lying ~nd being in the at Arshamomaque, in the To~n of Southold, County of SufPolk and State of New york, known and designated as lo.t No. 176 on a certain map entitled, ,'Amended Map A, Peconic Bay EstateS" dated May ]-9, 1933 and filed in the Suffolk County Clerks' Office on 5/19/33 as Map No. 1124. THIS coveyance ls made in the regular course of business and does not constitute a sale of all or substantially all of the assets of George L. Penny, Inc. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated April 1, 1957, recorded April 17, t987 in the Suffolk County Clerk's in Liber 10295 page 509. 35188 I~ECEIVED I~['AL ESTME MAY 24 1989 TICAi',ISt ER TAX ,SIJI fOI.K TOGILTIIER wilb all right, title and interest, if ally, ol the party of the first part iu and to any streets a,d roads abut,lng the above described premises to the center lines thereof; TOGETIIER with the appurtenances a.d all the estate and rights of the party of the first part in and to said premises; TO tlAVE AND TO lIOLI) the premises hereiu granted unto the party of the secoud part, the heirs or successors and assigns of the party of the second part forever. the party o[ the first part covenants tlmt the Imrty of the first part has not done or suffered anythb~g , a d remises have been encn nhercd in any way wbatever, except as aforesaid. ~ herehy ti e s p ~ . ...... · s = ..t .,~ r o, Law covenants ,bat the party ol~ AND the 1~ y. · ' P , ' - ' ...... d will hold the rivbt to receive sncn consm- the .first p .... . , c._, t_. os...mr.rose of ,m,,inv the cost of the improvement and wdl apply the same first to the payment of the cost of the improvement before using auy part of the total of the same for ally other pnrpose. The word "Imrty" shall be construed as if it read "parties" ~vbcnever the sense of this indenture so requires. IN WITNESS WHE.REOF~ the party of the first part has duly executed this deed the day and year first above written. I~ t,l~s~cgol=: BEORGE L. PENNY~?~ 10862 560 STATE OI= NEW YORK, COUNTY On tbe day of 19 personally came SS: , before me to me known to he the individual described in and who executed tbe foregoing instrument, and acktmwledged that execnted the same. STATE Oil NEW YORK, COUNTY O~ S u f f 0 1 k ss: On the ~,~ clay of . MAY 1989 , before me persomlly came Gebrge L. Penny. IV lo me known, who, being by me duly sworn, (lid depose and saytbat he resldes at No. Soundview Road Sctt~h01d, New YOrk ; that he is the President of George L. Penny, I,~t~'corporation described in and which execnted the foregoing instrument; tlta~'~li~' know;-th~y"seat--of~said-~orporati°"; ~hat~the-~eal~ffIRed t ~_~aid _~bt s~ (m~n t._i s~_s neb _c~ ~at+4 eel .; s. hat~it~wa~o affi~ed~b~-oHer~of-.tho~ard oF-dire~tm:s, of~aid-¢o~pora- tion,_ and~tbat---ho-si~nedq(--'name~ thcrat°-'bs~like ~or~ler. CHARLES R. CUDDY Notary Public, State of New York No. 5872225 Q, ualified in Suffolk Coun~ Commission Expires Dec. 31 \VIIH COVEN^Nr ,A. GAINSI (;KANIOa'$ ACI$ ~'l'I LE HO. GEORGE L. PENNY, INC. TO BARSZCZEt4SKI TICOR TITLE GUARANTEE STATE OF NEW YORK, COUNTY OF ss: On tim clay of 19 , beiore me ~ersonally came to me known to be the individual described in and wbo executed the foregoing instrument and acknowledged that executed tim same. STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. ; that he knows to be the individual described in and who execute~t the foregoing instrument; that he, said snbseribing witness, was present a.d execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. SECTION BI.OCK LOT COUNTY OR TOWN TAX EILt,INO ADDRESS Recorded At Requesl of Ticor Title Guarantee Company RETURN BY MAIL TO: PAUL A. CAMINIT!, ESQ. 54075 Main Road P.O. Box 992 Southold, N.Y. 11971 Zip No. TOWN OF $OUTHOLD, ~EW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1829 Dated August 15, 1973 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Guido Ciacia ;~lain 2cad Greenpor~, New York DATE AUgUSt...30, 1973 Appellant at a meeting of the Zoning Board of Appeals on -t~.u~uet 30 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ('~') Request for a variance to the Zoning Ordinance ( ) 1973 the appeal 1. SPECIAL EXCEPTION. By resolution c;f the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be · 9*40 P.M. (E.S.T.), upon application of Guido Ciacta, conf~.~b~$~, Greenport, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule aa applies to Article IV, Section 600A for permission to set off single lot with less than required area. Location of propertys Lot ;~176, Amended }~p of Peconic Bay Estates, Greenport, New York. Fee paid $15.00. 2. VARIANCE. By resolution of the Board ~_t was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because SEE REVERSE difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the apirit of the Ordinance and (would) change the character of the district because · SEE REVERSEZ (would not) and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE ) be denied and FORM Z~4 ZONING BOARD OF APPEALS i~mrJorie McDermott, Secretary After investigztion and inspection the Board finds that applican~ requests permission to set off single lot with less than required area, Lot #176, Amended ~p of Peconic Bay Estates, Greenport, New York. The findings of the Board are that applicant is the owner of a parcel of land which is surrounded by smaller lots and an unused right of way to the south. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship! the ha~ship crea~ed is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district! and the variance will not change the character of the neighborhood, and will observe the ~pirit of ~he Ordinance. THEREFORE IT WAS RESOLVED, GuidO Ciaci~.' Main Road, Greenport, New York, be GRANTED permission to set off single lot with less than required area, Lot #176, Amended ~Mp of Peconic Bay Estates, Greenpor~, New York, as applied for. Vote of the Boards Ayes,'- ~essrs, Gillispie, Bergen, Hulse, Grigon~s'. JUDITH T. TERRY TO~N CLERK REGISTRAR OF VITAL STATIST]CS 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: Zoning Board of Appeals FROM: Office of the Town Clerk DATE: December 4, 1991 RE: ZONING APPEAL APPLICATION NO. 4071 - JOSEPH F. BARSZCZEWSKI Transmitted herewith is ZONING APPEAL APPLICATION NO. 4071 - JOSEPH BARSZCZEWSKI together with the Notice of Disapproval from the Building Department, the Short Environmental Assessment Form, the Zoning Board of Appeals Questionnaire, the Notice to Adjacent Property Owners and a copy of the Site Plan. Judith T. Terry Town Clerk 191 PECONIC BAY ESTATES SITUATE AT ARSHANlr OI,~{AGIUE TOWN OF- ,~OUTHOLD NE'e/ YO~K Page 5 Public Hearing Southold ZBA 3/5/92 Appeal # 4071 Applicant (s): Joseph F. Barszczewski, Jr. Location of Property: 145 Kerwin Boulevard, County Tax Map #: 1000-53-2-9 Greenport, NY The Chairman opened the hearing at 7:40 p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of the site plan produced by Lawrence M. Tuthill PE, from Greenport, indicating a building of approximately 50 x 75, ten feet fro~ the rear property, 7½ feet from the easterly property line, approximately 5 feet from the west. and 65 feet from Kerwin Boulevard. The property is approximately 62.5 feet in width and approximately 150 feet in depth. And I have a copy of the building layout and so on and so forth and a County Tax Map showing all the memaining parcels in the area which appear to be somewhat substandard Is there someone here who would like to represent this applicant? You can start out, I don't if it is the evening and I apologize but am I pronouncing your name correctly? Mr. Barszczewski: Yes it was pretty good. CHAIRMAN GOEHRINGER: Okay great. Is there anything you would like to say for the record before I grill you. MR. BARSZCZEWSKI: No grill me. CHAIRMAN GOEHRINGER: Most of us on the Board are fire people, and have been firemen for quite a long time. In Mattituck, and I am not comparing Greenport to Mattituck, we had had an application of a similar nature. Alright. We had asked the Chief at that time, of which I am a member and have been for 23 years in the Mattituck Fire Department, to go down and measure for us the actual radius distance that a fire truck would require to get around a building of this nature. In that particular situation, they told us it was about 14 feet. i was not privy to the measuring, nor was I there, I merely asked the Chief to do so. I realize it is critical for you to have a specific size building that you want, but I am mention- ing this to you that there is a possibility that this building could be scaled down, either through the zoning process or the plan- ning process. I think that what you might want to think about is what is the largest building that you could like with on this particular piece of property and hopefully it is not a 50 foot wide building and I am not talking about significant scaling, but a scaling that is going to be closer to what we had found in Mattituck when we had asked the Chief to the radius for us. We are not necessarily requesting that a road be put in around the building, but we are concerned about access. MR. BARSZCZEWSKI: Can I mention that there is a 40 foot right-of- way right next to my property. When you are looking at the building Page 6 Public Hearing--Barszczewski Southold ZBA 3/5/92 it is on your right had side. It is called Lawrence Lane and it is a 40 foot right -of-way. It goes all the way back past the property. CHAIRMAN GOEHRINGER: Is that a paper street? Or is it MR. BARSZCZEWSKI: It is a dirt road. CHIARMAN GOEHRINGER: Okay. I didn't notice that when I was over there, I apologize but go ahead. What else. That is a plus definitely. MR BARSZCZEWSKI: The reasons why I need the building of this size is that I have three trucks and a large cooler. And I need three doors in the front of my building. And each door has to be 14 foot wide to get my milk trucks, and I have a 65 foot tractor trailer that pulls in there to back up into there, so I have to have three bays, two for my trucks and one for my trailer to have storage where my milk is. That is whyI am asking for the 50 foot wide building, because I need. That is what my need is. CHAIRMAN GOEHRINGER: Okay so, we have got 1428, you got 42. MR. BARSZCZEWSKI: Then they have inbetween the building they have they call them the middle posts, that holds it up. That makes it up to the 50 foot. When I tried the 40 foot, the guy says nQ way in the world that you can get the three (3) doors that you need in the building. CHAIRMAN GOEHRINGER: Okay. What about the Do youhavearight-of-way over Lawrence Lane know? issue of Lawrence Lane. in your deed, do you MR. BARSZCZEWSKI: That I am not sure. CHAIRMAN GOEHRINGER: Could you check on that for us. It doesn't have to be done tonight. And let us know within the next two (2) weeks if you have a right-of-way over it. All you have to do very simply is check your deed. It should indicate it in your deed or in the title report you received at the time, when you purchased the property. How tall is the building in reference to height to the ridge? MR. BARSZCZEWSKI: The doors are going to be 12 x 14 feet. They have to be 14 feet high and twelve (12) feet wide. CHAIRMAN GOEHRINGER: Twelve (12) foot wide. MR. BARSZCZEWSKI: They are 12 foot wide. It is 36 feet plus the two middle posts and the end of the building. The guy says it is 14 foot high and it has a 112 pitch. I am not exactly sure, if the pic,ture of iV CHAIRMAN GOEHRINGER: Could you also supply that information to us in reference to that height. MR. BARSZCZEWSKI: You want from the peak of the building to the Page 7 Public Hearing--Barszczewski Southold ZBA 3/5/92 CHAIRMAN GOEHRINGER: Either the peak or the mean which is in the center of the roof. The peak would be more helpful, because we are used to measuring from the peak. Alright? This is a steel building, a corrugated building? Or aluminum? MR. BARSZCZEWSKI: Yes. Steel. CIIAI~;~N GOEHRINGER: During the time that you discussed this. Is it in your opinion the smallest building that you can live with based upon the operation you have. Mr. Barszczewski: Yes. CHAIRMAN GOEHRINGER: Five feet variance one way or the other would put you out of business. Is that correct? MR. BARSZCZEWSKI: Oh, that's a problem. You are going a little too far there. Then I would have to take down. I wouldn't be able to fit the trucks in there. I would have to leave them. It wouldn't fit. I couldn't. CHAIRMAN GOEHRINGER: Well we will see what we can do in this situa- tion here and you are going to get back to us with the height of the building and the deed. Is this clear span inside? MR. BARSZCZEWSKI: Yes. CHAIRMAN GOEHRINGER : It is clear span. How tall is the truck, do you know? MR. BARSZCZEWSKI: They are 12½ feet tall. CHAIRMAN GOEHRINGER: It is going to be very important to us if you are looking for these setbacks, if you have a right-of-way on Lawrence Lane or not, because we can attempt to crowd Lawrence Lane more then we can crowd the other side. So as to gain more access. MEMBER VILLA: Jerry, he may need site plan approval too. Are the Planning Board going to require him to improve any of Lawrence Lane. CHAIRMAN GOEHRINGER No i don't think so. My concern is what degree he can clear Lawrence Lane if we needed more access on the one side. You know what I am saying. MEMBER VILLA: You mean the Planning Board can require people to actually improve road frontage. CHAI~,~N GOEHRINGER: So can we under 280A. We do it all the time. MEMBER VILLA: I was wondering if they were going to have that as a requirement. CHAIRM~N GOEHRINGER: We can do that all the time under 280A. Pardi ticulary for fire access. So quite honestly, it is important that we Page 8 Pubic Hearing--Barszczewski Southold ZBA 3/5/92 CHAIRMAN GOEHRINGER: do the best we can. to hold it over. (con't).know that, Do you want to close so let us know and we will this meeting or do you want MR. BARSZCZEWSKI: Should I still figure out the height of the building. CHAIRMAN GOEHRINGER: Yes. ~tween 18 and 19 feet. Still figure it out. We are estimating MR. BARSZCZEWSKI: I will just call the guy at the company. He can tell me right a way. SECRETARY KOWALSKI I would say close it, we can always readvertise it if you want to reopen it again. CHAIRMAN GOEHRINGER: Okay. The Planning Board has not made its recommendations on this yet. SECRETARY KOWALSKI: Yes. They were in the file. CHAIRMAN GOEHRINGER: They were. Okay. I thought they were waiting for another map or something. Oh I do see it, okay. Planning Board cannot comment on this sketch yet. Insufficient level to detail, percent of lot coverage, proposed building type and purpose, along with a sketch elevation drawing of the property for parking calcu- lations and locations of property spaces and so on and so forth. This is a conforming use to this district though right? And, so basically he is only here for that particular issue. Lot coverage and side yard setback. As soon as you can get back to us on that job, it doesn't have to be again tomorrow, but whenever you do, we will entertain the thing and send it over to the Planning Board after that. This is very simply milk storage. It that what it is? MR. BA~SZCZEWSKI: Yes. Trucks would be in there and my trailer with the milk on it. CHAIRMAN GOEHRINGER: Okay we run into this problem before and just before I close the hearing, just tell me. In the summer time, is there milk stored in the truck of which you have a motor running outside to keep the milk cold. MR. BARSZCZEWSKI: Right now I have a 40 foot trailer with a motor in front. Yes it goes off and on when it cools down. CHAIRMAN GOEHRINGER: Have you had any complaints from the neigh= borhood on this, from the noises MR. BARSZCZEWSKI: NO. I put up the barrier, you see the barrier there, the wooden one, it~just kept the noise away. Page 9 Public Hearing--Barszczewski Souhold ZBA 3/5/92 CHAIRMAN GOEHRINGER: What is going to happen when the building is built? MR. BARSZCZEWSKI: The trailer will go right inside. CHAIRMAN GOEHRINGER: And the motor from the. MR. BARSZCZEWSKI: It is an electric motor. CHAIRMAN GOEHRINGER: It's an electric motor, It is not diesel or gas. MR. BARSZCZEWSKI: No. Diesel only if the electricity goes out in case of a hurricane. CHAIRMAN GOEHRINGER: Okay. drone. So this motor does not make a great MR. BARSZCZEWSKI: Oh no. The motor turns a couple of fans. CHAIRMAN GOEHRINGER: Okay, great. Thank you. Is there anybody else who would like to speak? I believe Mr. Schoenstein. MR. SCHOENSTEIN: Right. Members of the Board my name is Arnold Schoenstein, and I lease the property standing on Kerwin Blvd. immediately to the left. And I also own a piece to the left of the rear part of his property. And I have absolutely no objection to his building or anything that he does. As far as the side lines are concerned, I have no objection as to how close he comes to my property, whatsoever. He is a hard working boy and I think that the Board should look at that favorably too. Thank you, that is all I have to say. CHAIRMAN GOEHRINGER: Thank you. Anybody else who would like to speak? MR. FRED SCHOENSTEIN: My name is Fred Schoenstein and I own the property immediately to the rear of Joe's site. And I would like to say that I have no objection also to him putting of that size building and the width and setbacks and soforth. I figured it would be nice if he could get the size that he could, so that he could fit all of his equipment in there. And naturally it would be blocking view from the road of our rear yard of the welding shop. I am sure that nobody would be in objection to seeing that stuff that is back there now. We have had a few people mention to us it is a shame that you can't hide hide some of those beams and whatnot and really if he puts that building up that would pretty much block in our rear property from almost all view from that side road. So I'm absolutely in favor of it. Thank you. CHAIRMAN GOEHRINGER: Thank you. Just before I close this.. I'm just thinking at the same time, I apologize. Is the 65 feet i n reference to set back from Kerwin Blvd. etched in stone also, do you need that in reference to distance for the tractor. Page 10 Public Hearing--Barszczewski Southold ZBA 3/5/92 MR. BARSZCZEWSKI: The tractor trailer is 65 feet long and when he backs up into the building a little bit so he will be off the road. That is the reason why for the set back. CHAIRMAN GOEHRINGER: Thank you. I would have felt bad if I didn't ask you that question. MR. BARSZCZEWSKI: I guess from the property lines to the road there is about 6 foot of dirt, so I figured that this would be off the road enough so that he is not blocking the traffic. CHAIRMAN GOEHRINGER: Okay. Thank you. Hearing no further questions, I make a motion closing the hearing, reserving the decision until later. MEMBER GRIGONIS: Second CHAIRMAN GOEHRINGER: Pending the outcome of those two specific calculations that we have requested from the applicant. ALL IN FAVOR - AYE. MEMBERS: Doyen, Grigonis, Dinizio, Villa by ~ (~rahscribed by tapes r~corded on 3/5/92 NUI I~E ~)~ H~AKtN( NOTICE IS HEREBY Gl EN, 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 ,THURSDAY, MARCH 5, 1992 commencing at the times specified below: (1) 7:30 p.m. Appl. No. 4075- MICHAEL HERBERT. Variance (hearing reconvened). For permission to establish business sales office in addition to existing uses as an owner-~- i occupied two-family dwelling with manager's quarters. The lot area applicable to each use in this Hamlet-Business Zone~. District is 20,000 per unit/us6; The lot as exists is nonconfor- ming for the existing principal uses having a total lot area of 20,129+ sq. ft. Location of Pro- perty: 795 Pike Street, Mat~ tituck, NY; County Tax Map Parcel No. 1000-140-2-23. (2) 7:35 p.m. Appl. No. 4083- LEONARD AND DONNA SCHLEGAL Variance to the Zoning Ordinance, Article XXIII, Section 100-231, for ap- proval of fence exceeding the maximum four-foot height re- quirements in the front yard area~ and located along the northerly' side property line. Location of Property: !475 HomePike Road, Mattitock, NY; also shown on the "Map of Point Pleasant" filed in the Suffolk County Clerk's Office on May 17, 1916' as Map No. 720, filed Lot Nos. 13, 14, and part of 12 (contain- ing 2.563 acres of total lot area);~ County Tax Map Parcel ID No. 1000-114-1-5.1. (3) 7:40 p.m. Appl. No 4071- JOSEPH E BARSZCZEWSKI, JR. Variances to the Zoning Or- dinance, Article XXIV, Section I00-244B, for permission to reduce setbacks, and Article XIV, Section 100-142, for lot coverage at more than thirty/' (30%) percent of the totai lot area. Applicant/owner is pro- posing to located a proposed principal storage building in this Light Industrial (LI) Zone District and will be required to obtain approval from the Southold Town Planning Board concerning the site plan rel[ula- tions applicable for this noncon~, forming lot. Location of Pro- perty: 145 Kerwin Boulevard, Greenport, NY; Map of Peconic t,, Tax Map ID No. ~000-53-2-9.) (4) 1:50 p.m. Appl. No. 4084- I MARY C. BRENNAN. Variance to the Zoning Or- dinance, Article IliA, Section 100-30A.3, for approval of open// porch (deck with roof) replacing previous deck structure, with an insufficient rear yard setback and lot coverage at more than twenty (20%) percent of the total lot area. This parcel of land is located in the R-40 Zone District and is nonconforming as to lot area (containing 3201 sq. ft.), width at 45 feet, and lot/ depth at 71.41 feet. Location of ~ Property: 319 Champlin Place, Greenport, NY; County Tax Map Parcel No. 1000-34-3-41. (5) 7:55 p.m. Appl. No. 407~- AMAC, INC. (Sukru llgin) for a Variance to the Zoning Or- dinance, Article X, Section 10lB (12) and Section 100-102, Bulk, Area and Parking Schedule, for/' permission to establish retail sales of packaged food and non- food items as usually found in a convenience store, as an ac- cessory to the existing gasoline service station, eliminating the service and repair areas (which were conducted in the existing bay areas of this one-story building.) Subject premises is/, nonconforming as to total lot area and depth in this "B" General Business Zone District. Location of Property: 7400 Main Road, Mattituck (Laurel School District), NY; County Tax Map Parcel No. 1000-122-7-1. (6 and 7) 8:00 p.m. DR. / PHILIP J. CENTONZE and f/ MARILYN CENTONZE -- regarding premises known as 5700 North Road (County Road 48), Mattituck, NY; County Tax Map Parcel No. 100-140-2-11. Applicants, as contract vendees, are requesting: (a) Appl. No. 4982- Variances to the Zoning Ordinance, Arti- cle VII, Section 100-72 for ap-,/ provai of the nonconforming area of the lot area for the establishment of two principal uses by the addition of a profes- sional dental office on the first floor, and retaining livable floor area on the second floor (for a single-family dwelling unit), all within the existing structure. The lot area appllcable to each use.~ in this Residential-Office (RO) Zone District is-40,000 ~ ft. ' This lot is nonconforming as to area and width. (b) Appl. No. 4081- Special Exceptions to the Zoning Or- dinance, Article VII, Section 100-7lB (2&7) for permission to establish first floor professional dental office, as permitted sbeY./ Section 100-71B(2), and a cond floor apartment not ex- ceeding 750 sq. ft. livable floor area, as permitted by Section 100-71B(7). (8) 8:15 p.m. Appl. No. 4076- FUTURE SCREW MACHINE PRODUCTS (MR. AND MRS. WARREN E. HUFE, JR.) Variance to the Zoning Or-./~' dinance, Article VIII, Section 100-82 for approval of an addi- tion, for storage purposes onl~ having an insufficient setback from the westerly side property line. Subject premises is a non- conforming lot located in the Light Business (LB) Zone District. Location of Property: North side of County Road 48~ and the westerly side of Kenny's Road, Southold, NY; County Tax Map Parcel No. 1000-59-7-33. (9) 8:20 p.m. Appl. No. 4068- ELEANOR SIEVERNICH. Variance to the Zoning Or- dinance, Article XXIII, Section 100-239 and Article III, Section 100-32, Bulk, Area and Parking,. Schedule, for approval of the upland area of proposed LOt gl (79,449 sq. ft.) and proposed Lot fi2 (74,568 sq. ft.), and for ap~ proval of the insufficient width of proposed lot fi2 (73.37 ft.) along Cox's Neck Road (aYk/a Cox Lane). This project is a Minor Subdivision Application , also pending before the.~ Southold Town Planning Board. Location of Property: Easterly side of Cox's Neck Road, Mat- tituck, NY; County Tax Map Parcel No. 1000-113-8-5, con- taining a total of 3.765 acres. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may,," also be submitted prior to the conclusion of the subject hear- ing. Each hearing will not start before the times designated abov6. For more information, please call 765-1809 or visit our office. Dated: February 13, 1992. BY ORDER OF THE SOUTHOLD TOWNf BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowalski IX-2/20/92(4) COUNTYOF SUFFOLK STATI': OF NEW YORK ss: Pa'tricia Wood,· being duly sworn, says that she is the Editor, of THE I.ONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and Ihnl tile nolice of which the annexed is a printed copy, Il,ts been published in said I.on~ Island 'l'ravt'lur. W;:tchman onc'~t, ncb week For. .... ... . / w~eks successively, commencing on tile .......... '?.~*..7 ....... her. re me I hi.'-; '~ .' .................... day Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, St'~le of New York No. 4806846 Qualified in Sul[olk Cot~nlyz Commission Expires NOTICF- OF ItEABINGS NOTICE IS 1 IEP. EBY GWEN, pur- suant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings be- fore the soUTI IOLD ToWN BOARD OF AppEALS at the Southold Town llall, 53095 Main goad, Southold. New york 1 971, on T IUP, SDAY./ MARCll 5, 1992 commencing at (1) 7:30 p.m. AppL No. 4075 -- ~pm Appl. No. 4074 -- 1NC. (Sukru Egth) for a lance to the Zoning Ordinance, X, Section IOIB(12) and 100-102, Bulk, Area and Parking Schedule. for permission/ to establish retail sales of packaged food and non-food items as usually found in n convenience store, as all accessory to the existing gasoline service station, eliminating the service and ~cpair areas (which were conducted in the existing bay areas STATE OF NEW YORK) COUNTY OF SUFFOLK) (,,q-~4'~/q ~'c"~v~:: ~/~ _ of Mattituek, In · aid County,'being duly ~tom, says that ha/she is principal Clerk of THE SUFFOLK TIMES, a Weekly Mewspaper, published at Mattituck, In the Town of Southold, County of (hearing rcconvened). For permts- sion to establish business sales of- an owner-occupied' t'wo-famlly rice in add don to extstmg uses. a~ dwelline with manager's quaaers. Tbo lot'area apphcablc to each use~' in this llamlet-Business Zone Dis- trier is 20 00{3 per unit/use, qbe lot as exists is nonconforming for the existing principal uses having a to- tal lot area of 20,129+ sq. ft. Loca- tion of Properly: 795 Pike Street, Mattituck, NY; County Tax Map of this one-story building.) Subject pram scs is nonconfonning as to ~'~ Suffolkand Stateof New¥ork, and that the N°tice°fwhich t°tal lot area and d~pm th thi~ B'> t~ a~exed b a ~nt~ ~, ~ b~n r~ula~ ~bligg In General Business Zone District. Lo- cation of l'ropeny: 7400 Main said Newspaper once eaoh week for _~ weeks P`oad. ~a~?cL (~,r~. S?~ot i Successively, e0mmen~ing 0n the ~ ~& day 0[ (6 and 7) s.~ p m Di~ I uE~ B,.Ov~ - J. CENTONZE sod MARILYN CEN- [ ~.,~ ~ O[ ~ ~ TONZE -- regarding premises ~ r~2 ~ /~ / _ ~,u,~'f~, ~p 'a,=d ~o. ~000- ~m~on~'~,--- . .... parcel No. 1000-140-2-23. (2) 7:35 pm. AppL No. 4083 -- LEONARD AND DONNA SCIILE- / GA1. Variance to the Zoning O%%~ hence, Article XXIII, Section 1 - 231 for approval of fence exceed- ing the maximum four-foot height requirement in the front yard area and located along the northerly sxd¢ properly line. Location of Prop- arty: 1475 llomc Pike Road, .,M, attl- uck NY; asoshown on thc Map . of ~oint Pleasant" filed in thc folk County Clc~k's Office on May 17. 1916 aq Map No. 720. filed Nos. 13, 14 and part of 12 (containing 2.563 acres pf total lot area); County Tax Map Parcel ID ) 7:40 p.m. Appl. No. 4071 j~L JOSEPH F, BARSZCZEWSKI, · Variances to the Zoning Ordinance, for permission to reduce setbacks, andArficleXIV, Section 100-142, for lot coverage at more than thirty 00%) percent of thc total lot area. Applicant/owner is proposing to locate a proposed principal storage building in this Light Industrial (LI) Zone District and will be requ red to obtain approval from the Southold Town Planging Board/ concerning thc site plan regulations applicable for this nonconforming lot. Location o Property: 145 Kcrwin BoUl:cVoa:~] Grecnpoa NY; Map of 1 Bay Estates, Lot No. 176; County Tax Map ID No. 1000-53-2-9. ~ (4) 7:50 p.m. Apph No. 4(~'''~ MAP'Y C. BRENNAN. Variance to the Zoning Ordinance, Article LIIA/ Section 100-30A.3 for approval of open porch (deck with roof) replac- ing previous deck structure, wifl~ an insufficient rear yard setback and lot coverage at more than twenty (20%) percent of the total lot area. 'l~is parcel of land is located th the R-40 Zone District and is noncon- fonnin as to lot area (containing 3201 sq. ft.). width at d5 feet. anc3~ lot depth at 71.41 feet. Location of Property: ~19 Champlin place, to e Zo.$htg'O.bna,,ce. ^r,icle he ,,on~onfon,ring are~ oft area for the establishment of nncl al uses hy thc addition of a profcssioual dental office on theft n~r area on the second floor (rot a (9) 8:20 p.m. A~p ~o. 4068 -- ELEANOR SIEVEI~ICII. single-family dwelling unit), all to thc Zoning Ordinance III. Section 100-32, Ihdk, Area and Parking Schcdule, for approval of he upland area of proposed Lot #1 :79,449 sq. ft.) ami proposed Lot ~2 (74,568 sq. ft,), and for ap- proval of the insufficient width of proposed lot #2 (73.37 ft.) along Cox's Neck Road {a/kid Cox Lane}. This project is a Minor Subdivision Application also pending before t~c Sou~hold Town Planning Board of 3.765 acres. 'Ibc Board of Appeals will al said within the existing structure. The lot area applicable to each usc in this Residential-Office (Re) 7~anc District is 40,000 sq. ft. This lot is nonconforming as to area and width. (b) Appl. No. 4081 -- Special Exceptions lo the Zoning Oali~ hence. Article VII, Section 100- 71B(2 & 7) for permission to establish first floor professional dental office as permitted by Sec- tion 100~71B(2). and a ~econd Boor aparlment not exceeding 750 sq. ft. livable floor area. as permitted by Section 100-7111(7)~ (8) 8:I5 p.m. Appl. No. 4076/~-2~ PI{ODUCTS (MR, AND MRS. WARREN E. IIUFE, JR.) Variance tLme and place hearing any and all persons or representatives desiringl~ to be heard in the above matters. o the Zoning Ordinance, Arlicle Written comments may also be gill. Section 100-82 for approval submitted prior to the conclusion )f an add ion. for storage porposes of the subject hearing. Each inly. having an insufficient set- hearing will not start before the rock from the westerly side prop- times designated above. For more :rty linc. Subject premises is a nf nna ion. please call 765-1809 ionconforming lot located in the/ or visit our office .ighl Business (Lll) ?xme Dislrict. Dated: February 13. 1992. .eLation of Property: North Side of ]ounty Road 4g and tee Wcsmtly TOWN IIOARD OF APPEALS dY; County Tax Map Parcel No. GERARD P-GOEIIRING~{ 000-59-7-33. CI IAII~MAN lly lfmla Kowalski 7294-1TF20 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOA~ OF APPEALS TOWN OF SOU~O~ 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 eopy 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. GOEHI~INGER CHAIRMAN By Linda Kowalski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE OF HEARINGS 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 THURSDAY, MARCH 5, 1992 commencing at the times specified below: (1) 7:30 p.m. Appl. No. 4075 - MICHAEL HERBERT. Variance (hearing reconvened). For permission to establish business sales office in addition to existing uses as an owner-occupied two-family dwelling with manager's quarters. The lot area applicable to each use in this Hamlet-Business Zone District is 20,000 per unit/use. The lot as exists is nonconforming for the existing principal uses having a total lot area of 20,129+- sq. ft. Location of Property: 795 Pike Street, Mattituck, NY; County Tax Map Parcel No. 1000-140-2-23. 'Page 2 - Legal Noti~ Hearings for March 5, 1992 Southold Town Board of Appeals 12) 7:35 p.m. Appl. No. 4083 - LEONARD AND DONNA SCHLEGAL. Variance to the Zoning Ordinance, Article X~III, Section 100-231, for approval of fence exceeding the maximum four-foot height requirement in the front yard area and located along the northerly side property line. Location of Property: 1475 HomePike Road, Mattituck, NY; also shown on the "Map of Point Pleasant" filed in the Suffolk County Clerk's Office on May 17, 1916 as Map No. 720, filed Lot Nos. 13, 14 and part of 12 (containing 2.563 acres pf total lot area); County Tax Map Parcel ID No. 1000-114-1-5.1. (3) 7:40 p.m. Appl. No. 4071 - JOSEPH F. BARSZCZEWSKI, JR. Variances to the Zoning Ordinance, Article XXIV, Section 100-244B, for permission to reduce setbacks, and Article XIV, Section 100-142, for lot coverage at more than thirty (30%) percent of the total lot area. Applicant/owner is proposing to locate a proposed principal storage building in this Light Industrial (LI) Zone District and will be required to obtain approval from the Southold Town Planning Board concerning the site plan regulations applicable for this nonconforming lot. Location of Property: 145 Kerwin Boulevard, Greenport, NY; Map of Peconic Bay Estates, Lot No. 176; County Tax Map ID No. 1000-53-2-9. (4) 7:50 p.m. Appl. No. 4084 - MARY C. BRENNAN. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, for Page 3 - Legal Notic~ Hearings for March 5 , 1992 Southold Town Board of Appeals approval of open porch (deck with roof) replacing previous deck structure, with an insufficient rear yard setback and lot coverage at more than twenty (20%) percent of the total lot area. This parcel of land is located in the R-40 Zone District and is nonconforming as to lot area (containing 3201 sq. ft.), width at 45 feet, and lot depth at 71.41 feet. Location of Property: 319 Champlin Place, Greenport, NY; County Tax Map Parcel No. 1000-34-3-41. (5) 7:55 p.m. Appl. No. 4074 - AMAC, INC. (Sukru Ilgin) for a Variance to the Zoning Ordinance, Article X, Section 101B(12) and Section 100-102, Bulk, Area and Parking Schedule, for permission to establish retail sales of packaged food and non-food items as usually found in a convenience store, as an accessory to the existing gasoline service station, eliminating the service and repair areas (which were conducted in the existing bay areas of this one-story building.) Subject premises is nonconforming as to total lot area and depth in this "B" General Business Zone District. Location of Property: 7400 Main Road, Mattituck (Laurel School District), NY; County Tax Map Parcel No. 1000-122-7-1. (6 and 7) 8:00 p.m. DR. PHILIP J. CENTONZE and MARILYN CENTONZE - regarding premises known as 5700 North Road (County Road 48), Mattituck, NY; County Tax Map Parcel No. 1000-140-2-11. Applicants, as contract vendees, are requesting: Page 4 - Legal Notic~~ Hearings for March 5 ~ 1992 Southold Town Board of Appeals (a) Appl. No. 4082 - Variances to the Zoning Ordinance, Article VII, Section 100-72 for approval of the nonconforming area of the lot area for the establishment of two principal uses by the addition of a professional dental office on the first floor, and retaining livable floor area on the second floor (for a single-family dwelling unit), all within the existing structure. The lot area applicable to each use in this Residential-Office (RO) Zone District is 40,000 sq. ft. This lot is nonconforming as to area and width. (b) Appl. No. 4081 - Special Exceptions to the Zoning Ordinance, Article VII, Section 100-71B(2 & 7) for permission to establish first floor professional dental office, as permitted by Section 100-71B(2), exceeding 750 sq. ft. Section 100-71B(7). and a second floor livable floor area, apartment not as permitted by (8) Appl. No. 4076 - FUTURE SCREW MACHINE PRODUCTS (MR. AND MRS. WARREN E. HUFE, JR.) Variance to the Zoning Ordinance, Article VIII, Section 100-82 for approval of an addition, for storage purposes only, having an insufficient setback from the westerly side property line. Subject premises is a nonconforming lot located in the Light Business District. Location of Property: North Side of and the Westerly Side of Kenny's Road, Southold, Map Parcel No. 1000-59-7-33. (LB) Zone County Road 48 N-Y; County Tax ?age 5 - Legal Not Hearings for March 5, 1992 Southold Town Board of Appeals (9) Appl. No. 4068 - ELEANOR SIEVERNICH. Variance to the Zoning Ordinance, Article XXIII, Section 100-239 and Article III, Section 100-32, Bulk, Area and Parking Schedule, for approval of the upland area of proposed Lot ~1 (79,449 sq. ft.) and proposed Lot #2 (74,568 sq. ft.), and for approval of the insufficient width of proposed lot #2 (73.37 ft) along Cox's Neck Road {a/k/a Cox Lane}. This project is a Minor Subdivision Application also pending before the Southold Town Planning Board. Location of Property: Easterly side of Cox's Neck Road, Mattituck, NY; County Tax Map Parcel No. 1000-113-8-5, containing a total of 3.765 acres. The Board of Appeals will at said time and place hearing any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more information, please call 765-1809 or visit our office. Dated: February 13, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMAN By Linda Kowalski Copies have been forwarded to the following on or about 2/14/92: L.I. Traveler-Watchman, Inc. Times-Review Marie Ongioni, Esq. (Attorney for Michael Herbert) Mr. and Mrs. Leonard Schlegal Mr. Joseph F. Barszczewski, Jr. Paul A. Caminiti, Esq. (Attorney for Mary C. Brennan) Mr. Garrett A. Strang, R.A. (for AMAC, Inc. and Centonze) William D. Moore, Esq. (Attorney for Future Screw Machine/Hufe) Anthony Salvatore, Esq. (Attorney for E. Sievernich) Individual Files and Board Members .......... ~,,,,mr, ~uuUlrlg containing a nonconforming use which has been damaged by fire or other causes to the extent of more than fifty percent (50%) of its fair value shall not be repaired or rebuilt un]ess the use of such building is Chang~ to a conforming use. onconforming lots. bsection is intended to provide minimum standards for granting of a building permit for lots made nonconforming or continued in a state of nonconformance by the adoption of this Article and that were singly and separately owned as of the effective date of this Article. B. A nonconforming lot separately Owned and not adjoining any lot or land in the same Ownership at the effective date of this Article and not adjoining any lot or ]and in the Same ownership at any time subsequent to such date may be used, or a building or structure may be erecf~t on such lot for use, in accordance with all the other applicable provisions of this chapter, provided that proof of such separate ownership is submitted in the form of an abstract of title showing the changes of title to said lot, which abstract shall be in the usual form, shall be certified by an attorney or a company regularly doing' such work in Suffolk County or by a corporation duly licensed to examine and ensure title to real property in Soffo}k County and shall contain a certification that no contiguous property was owned by an owner of the property involved since the date of any previously applicable Zoning Law. Such lot shall be granted relief for front side and rear yard dimensions as follows: 10144 2 - 25 - 89 () § 100-244 ZONING § 100-250 ~ ~ Lot yard Area Width Depth Front Side [~th Sides Rear · *- (square feet) Coverage (feet) (feet) (feet) (feet) (feet) (feet) 20,000 20% 120 140 40 15 35 50 to ~ (~_ Inn;~t located ina subdivision plat, approved after April 9, 1957, by the Planning Board of the Town of Southold and filed with the County Clerk of Suffolk County, relief for all front, side and rear yard and area dimensions shall be granted to the extent that such front, side and rear yard and area dimensions were required at the time the map was originally filed with the County Clerk of Suffolk County. § 100-245. Repairs and maintenance. Peconic Bay Estates Homeowners Association RR1 Box 1600 Bayshore Road Greenport, NY 11944 J~e 4, 1990 ~l~,'~t~ Board Town of $outhold Tcwn Hall 53095 Main Road $outhold, N. Y. 11971 Gent~ emen: Please refer to your 11-8-89 letter (cepy attached). for Lot~O, 00-53-~-,_~ on 3-~7-90 for ~e purpose of replacing the existd~?~,~er ~d ~onyeyor. In my 9-~o-89 letter, I expressed tl~is assocdation~ ~cncern~.~.garding the height of t~e new structure. Am I correct in assum~ that the height is acceptable to tJ~e Town? 2. As of,_U~y 25th~ t~ere was nothi~ on file in your office, the B~lding ~D~tment or' t~o~ Board regaz~i~ current actd ~ ty for ~-~i~- ~ ~d appea~s to ~ used for commerci~ stor~e. The tr~ler appe~s to /- be ~d t~ ~ct~.~ ser~ce. There ~so appea~ to be some construction ~d~rway arced the tr~ler. Given that there is no actd~ty in ~y of the Town departments cha~ed wi t~ reg~dati~ property use, I I wotdd like to add that this associatdon is very interested in seei~ business continue, expand, and prosper in $outhold Town. Our interest, however, is 'baldfaced with a concern tJ~at devedopment, whether commercial or residential, is done in a way to protect Town resources. cc: Bt~ldi~ Department ~ Board _ Pa~d Clancy Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York i 1971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOSVN OF SOUTHOLD November 8, 1989 Paul Clancy RR1 P.O. Box 1600 Bayshore Road Greenport, NY 11944 RE: Letter from Peconic Bay Estates Homeowners Association Dear Mr. Clancy: The Board has received your letter. It is hoped that the following information answers your questions. With regard to the hopper structure at the Corazzini:Bros. site, the Building Department has notified the property owner(s) that approvals are needed from the Planning Board and the Zoning Board of Appeals. To date, this Board has not received an application for an amendment to a site plan. Therefore, we are not in position to offer further comment on this particluar matter. With regard to the electrical service on the lot numbered Suffolk County Tax Map Number 1000-53-2-9, the Planning Board is not aware of any proposed development plans for the site. The lot is zoned Light Industrial. However, it does not conform to the minimum required lot area for ~his district. If and when an application is made for site plan approval, the Planning Board will have to revlew the matter to determine whether the proposed use is in conformance with the uses allowed by the Town Zoning Code. And, since the lot is an undersized lot, the Planning Board would have to wait for Zoning Board of Appeals to rule on whether the necessary area and setback variances could be obtained. A copy of this letter and your letter is being sent to the Zoning Board of Appeals, in case an application has been made to that Board of which we are unaware. If the property owner should make an application to develop this parcel, the neighbors can review the application in the office and discuss their concerns with either Board at their public meetings or in writing. me. If there are further questions, do not hesitate to contact Very truly yours, ~ /-~ /~ '3 _ Wi'..'/l . va~erie Scopaz, Town Plan~er .~'~ for Bennett Orlowski,Jr. Chairman CC: Francis J. Murphy, Gerard Goehringer, Vincent Wieczorek, Supervisor Chairman, Zoning Board of Appeals Ordinance Inspector -~ &7$B59 ~ ,' El0 COWA~ LZEBOM[TZ J LATNAN P?~? ' ._ . / ~"?': NEd YORK NY - 55.-Z-15.( SENOENST£ZN JENNY I ANO _- ,,.. . 1165 NAPLE LANE ~ ~738~9 ~ ~,:j..~ rE , ~ -- ""~¥'-~ "]'?'~' SOUTHOLO NY 11971 . ~-: .................. ~g.~ ..................................................................... ~,,53t-Z-19.1/ ~CHOENSTEZN JOSEPH.i ~, PQ ~O~ 9~ ~9~ "r~ ,,:, . .~ 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 February 19, 1992 SCO'IT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Chief Tony Volinski Greenport Fire Department Third Street Greenport, NY 11944 Re: Project of Joseph Barszczewski Our Application # 4071 Dear Chief Volinski: We have pending at this time an application in which the owner pro- poses to locate a 60 x 75' building for active storage and related activities in connection with his heavy equipment business. The property is located on the east side of Kerwin Blvd, and we enclose a copy of the plan for your reference as needed. As we have done in the past with other fire departments located on the North Fork, we would like to request the approximate distance for a turning radius of fire vehicles which may need to gain access to three sides of the building. In the past, we were advised by fire departments that the distance is approximately 15 feet. Would you kindly, within thenext couple of weeks, provide the measured distance for the turning radius for our file. The hearing on this application has been advertised for March 5, 1992. Your time and assistance is appreciated. Very truly yours, GPG:lam Gerard P. Goehringer Chairman 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 January 30, 1992 Mr. Joseph Barszczewski 1755 Albertson Lane Greenport, NY 11944 Dear Mr. Barszczewski: This will confirm that the Planning Board office has questions concerning the number of employees and the parking layout that you are proposing. Please contact Bob Kassner directly at 765-1938. We are expecting that this matter will be held for a public hearing by the Board of Appeals on March 5, 1992 and it is expected that we would receive Planning Board comments at least two to three weeks before that date. Please call us if you have any questions. Very truly yours, LK:lam Linda Kowalski cc: Planning Board Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR James Dinizio,' Jr. Robert A. Villa TO: FROM: DATE: SUBJECT: Planning Board Zoning Board January 6, 1992 Site Plan Coordination - Joseph Barszczewski Our File # 4071 Our office has received the above-noted application which is or will be pending before the Planning Board. A request is made at this time under the site plan regualtions in order that you may be provided with notice to respond within the next sixty (60) days as required by Section 100-254B(3). Please communicate those areas which you feel may significantly affect those site plan elemetns applicable in the new project. Your comments, of course, may be noted by you as "preliminary" at this early time. Should additional information be necessary, please feel free to stop by our office to review the file or make copies as you deem will be necessary for this preliminary review. Thank you. Attachment APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. · James Dinizio, Jr. Robert A. Villa Southold Town Board of Appeals HAIN ROAD- STATE ROAD 25 SDUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 January 6, 1992 Mr. Joseph Barszczewski 1755 Albertson Lane Greenport, NY 11944 Re: Application # 4071--Variance for Set Backs and Lot Coverage Dear Mr. Barszczewski: This letter will acknowledge receipt of the above application for the proposed 50 X 75' storage building. This matter will be coordinated with the Southold Town's Planning Board pursuant to Section 100-254 of the Zoning Code for that boards preliminary review and comments on the side plan elements. It is expected that their input would be referred within the next 60 days. Upon receipt of the Planning Board's comments, we will be in a position to advertise the variance application for a public hearing. We will keep you advised. If you have any questions, please feel free to call our office. Very truly yours, GG:lam Gerard P. Goehringer, Chairman R-80 ~-80 -80 / BAY / 7'0 ~fN ~ ~ J ,,'j · ® ),4/P,.5,Z_ (?Z. m ? Z