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HomeMy WebLinkAbout3999 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 ACTION OF THE BOARD OF APPEALS Upon application of FRANK SAWICKI. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to utilize existing barns for storage of general items (instead of agricultural storage). Subject premises is located in the Agricultural-Conservation Zone District and is situated along the north side of Old North Road, Southold, identified on the Suffolk County Tax Maps as District 1000-51-03-005. WHEREAS, a public hearing was held on January 11, 1991; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, 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. The area under consideration for this variance is approximately one-acre of land which is improved with agricultural storage barns abutting the subject 44+- acre farm and are shown on the Suffolk County Tax Maps as 1000-51-03-005 and 4.3. 2. The subject premises is located in the Agricultural- Conservation (AC) Zone District and is improved with storage buildings with sizes and setbacks as shown on the sketched Map prepared for the applicants by Joseph Sawicki (Jr.). 3. By this application, the appellant requests a Variancefor permission to utilize existing barns for inside storage of general miscellaneous items {other than the presently permitted agricultural storage uses. Pa~e 2 - Appl. No. 3999 Matter of FRANK SAWICKI Decision Rendered February 1, 1991 4. For the record, it is noted that under previous Action of this Board under Appeal No. 3754, Matter of Andre and Thomas Cybulski, similar relief, with conditions and restrictions, was rendered on September 16, 1988. 5. In considering this approval, it is the understanding of the Board Members that the miscellaneous items to be stored would include many varieties, such as boats, trailers, books, equipment, household items, construction materials, etc. on a seasonal basis, and the items stored would be "inactive" or "dead" storage, requiring loading and unloading during seasonal periods. 6. The following information is also noted for the record: (a) the premises has continuously since prior to zoning been used for farming and commercial agricultural operations incidental to the farming business; (b) the agricultural operations have been ceased for more than two years, and the taxes for the land and buildings has increased substantially (particularly due to the removal of the agricultural tax exemptions); (c) there are no other uses permitted under the zoning code for these principal barn storage buildings as exist which would yield a reasonable return; (d) the previous farm use activities of commercial agricultural storage, and related activities, is not dissimilar to the storage use and related activities requested by this application. 7. In considering this application, the Board also finds and determines: (a) the land in question can't yield a reasonable return as exists and a denial of this variance could be recognized as a taking of property {Gordon v. Town of Huntington, 1962, 230 N.Y.S.2d 619}; (b) the subject property and buildings cannot be economically used for one-family residence or other use established in this Residential and Agricultural Zone District as exists; (c) the test for "significant economic injury" has been met to warrant a grant of this variance; Page 3 - Appl. No. 3999 Matter of FRANK SAWICKI Decision Rendered February 1, 1991 (d) the variance, as conditionally noted below, is the minimum necessary to afford relief; (e) the storage uses as authorized will not alter the essential character of the neighborhood; (f) the hardship is unique, is not due to the general conditions of the neighborhood, and is not personal in nature; (g) there is no other feasible method for appellants to pursue; (h) in light of all of the above, the interests of justice will be served by granting the variances requested and as conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the relief requested for permission to utilize existing barns for storage as applied under Appeal No. 3999 in the Matter of FRANK SAWICKI, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The storage shall be only "dead" or "inactive" storage; 2. No storage of noxious or ignitible materials, and there be no vehicle or boat storage with fuel other flammable liquids; 3. There shall not be any outside storage (tractor trailers included); 4. Hours of operation not to be before 8:00 a.m. or after 7:30 p.m. 5. Any change in the future for property lines will require formal application to renew this variance. Vote of the Board: Ayes: Messrs. and Dinizio. (Member Doyen of Fishers Goehringer, Grigonis, Island was absent.) /./GERARD P. GOEHRINGER~HAIRMAN APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. O<imes Dini~z~o, Jr. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 ~nUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of New York Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, 53095 Main Road, Southold, NY 11971, on FRIDAY, JANUARY 11, 1991, at the following times: 7:30 p.m. Appl. No. 3995 - GREGORY FEGOS. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for approval of open deck addition with a reduced setback from the southerly side property line. (The lot area and depth of this parcel are nonconforming in this R-40 Zone District.) !Location of Property: 1450 Naugles Drive, Mattituck, NY; County Tax Map Parcel No. 1000-099-5-17. 7:33 p.m. Appl. No. 3986 - ROBERT AND NORMA SIEBER. Variance to the Zoning Ordinance, Article XXIV, Section 100-244(B) for approval of deck/patio construction with an insufficient front yard setback. (The lot is nonconforming as to area and width in this R-40 Zone District.) Location of Property: 4945 Main Bayview Road and the easterly side of Smith Drive North, Southold; also referred to as Lots 83 & 84 on the Pa~e 2 Notice of Hearings Board of Appeals Regular Meeting - 5anuary 11, 1991 Subdivision map of "Goose Neck"; County Tax Map Parcel ID No. 1000-76-2-20. 7:35 p.m. Appl. No. 3991 - JOHN AND GRACE FIORE. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Article XXIV, Section 100-244B and Article XXIII, Section 100-239.4, for permission to construct extension to screen enclosure for patio and existing wooden deck with insufficient setbacks from the bulkhead and side (or rear) property line on this corner lot fronting along Cedar Beach Road and the west side of Sunset Way, Southold, NY; County Tax Map Parcel ID No. 1000-91-1-5; also referred to as Lots 158 and 159 on the "Map of Cedar Beach Park Subdivision." (The dwelling as exists is nonconforming as to the rear yard and sideyard setback, and the lot area and depth are also nonconforming in this R-40 Zone District. ) 7:38 p.m. Appl. No. 3992 - PAMELA ANN CONLON. Variance ~ ] .to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to construct new dwelling with insufficient front and side yard setbacks. (The lot is nonconforming as to area and depth in this Agricultural-Conservation Zone District. ) Location of Property: 1765 Peconic Bay Boulevard (a/k/a 100 N. Oakwood Dr.), Laurel NY; Parcel ID #1000-127-8-9. : * 7:42 p.m. Appl. No. 3984 - PUDGE CORP. ' Variances to the Zoning Ordinance, Article XIV, Sections 100-14lB(i) and C(1): (1) for permission to establish truck rental business as an accessory use, in addition to the Special Exception use ...~% conditionally approved 9/10/87 under Appl. No. 3660, and as "'.~ limited by Condition No. 10; and (2) for approval of extended ! 'P.age 3 Notice of Hearings Board of Appeals Regular Meeting - January 11, 1991 {modified} height of principal building, in excess of that approved under Special Exception Condition No. 8. Premises is zoned Light Industrial (LI) and is located at 1040 Horton's Lane, Southold, NY; County Tax Map Parcel ID No. 1000-63-1-10. 7:45 p.m. Appl. No. 3977 - MITCHELL MARKS. Variance to the Zoning Ordinance, Article XXIII, Section 100~239B for approval of swimming pool, deck and fence construction with a setback at less than the required 100 feet from bluff along the Long Island Sound. 29829 Main Road, Orient, NY; County Tax Map Parcel ID No. 1000-14-2-1.6. Premises is located in the R-80 Zone District. 7:48 p.m. Appl. No. 3996 ~ STANLEY WERNICK. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct addition and pool with fence enclosure with a setback at less than the required 100 feet from the top of bluff along the Long Island Sound. Premises is zoned R-80 Residential and is located along Private Road No. 5 at Cutchogue; County Tax Map Parcel ID No. 1000-72-1-1.6. 7:52 p.m. Appl. No. 3998 - HENRY AND MARY RAYNOR. Variance for approval of access pursuant to New York Town Law, Section 280-A over private right-of-way extending off the south side of Peconic Bay Boulevard, Laurel, to premises identified as County Tax Map Parcel Nos. 1000-126-4-1, 2, 5. Premises is located in the R-40 Low-Residential Zone District and is also referred to as Lots 24 through 30 on the Map of "A.L. Downs" Page 4 Notice of Hearings Board of Appeals Regular Meeting - January 11, 1991 filed in the Suffolk County Clerk's Office on August File No. 21. 7:57 p.m. Appl. the Zoning Ordinance, 14, 1929 as No. 3999 - FRANK SAWICKI. Variance to ~ Article III, Section 100-31 for permission to utilize existing barns for storage of general items (instead of agricultural storage). Subject premises is located in the Agricultural-Conservation Zone District and is situated along the north side of Old North Road Southold, identified on the Suffolk County Tax Maps as Parcel No. 1000-51-03-005 ................ 8:03 p.m. Appl. No. 3990 - MICHAEL CHOLOWSKY (LORINDA C. CASOLA, Owner). Variance to the Zoning Ordinance, Article III, Section 100-31B(7)(c) concerning proposed establishment, construction and operation of a golf driving range, a miniature golf course and building with office accessory and incidental thereto, without necessity of ownership or operation by a not-for-profit corporation. Special Exception application to be filed separately. Premises is known as 3340 Horton's Lane, Southold, NY; County Tax Map Parcel ID No. 1000-55-1-9 and contains 16.7+- acres. 8:15 p.m. Appl. No. 3993 - KENNETH L. EDWARDS. Variance to the Zoning Ordinance, Article III, Section 100-33 (100-30A.4) for permission to locate accessory building in an area other than the required rear yard. Location of Property~ The Gloaming, Fishers Island, NY; County Tax Map Parcel ID No. 1000-10-9-2. R-40 Zone District. page 5 Notice of Hearings Board of Appeals Regular Meeting - January 11, 1991 The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: December 13, 1990. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski FORM NO, 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL ....... ,"*.'.-..-...!/.'~.'.'7. ( ..... PLEASE TAKE NOTICE that your application dated . ~ ~..~. .... I..$ ....... 19 .q.~.. for permit ,o . .U~:.~....~....~..~. ~..~ .~-~k~ ~-o~.. House No. Street County Tax Map No. I000 Section .... .~../ ...... Block ...(2~..~. ....... Lot . .(:~-~ ....... Subdivision ................. Filed Map No. ~ ............... Lot No .................. is returned herewith and disapproved on the following grounds .0./~.'~.. ~ .~.~.,q:,r~..).e.~.. 7 .~.. ' ~ RV 1/80 TOWN OF SOUTHOLD. I~Er~lll~! D APPEAL FROM DECISION OF BUILDING INSPE~OR~EC l} ~ APPEL NO. ~t~ l~n~ /"~ ~e ~ ~ppell~ ~rree~ on~ ~u~ber State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..... /...~...'T../,.c~..,'~..?~. ........................... WHEREBY THE BUILDING INSPECTOR DENIED TO % Nome of Applicant for permit Street and Number Municipali~ State (~)PERMIT TO USE ( ) PERMIT FOR ~CUPANCY ( ) 1. LOCATION OF THE PROPER~ ~ ~&D ~P~ ~D~ ~E~D ~ /~/~Z~/~ .................... District lO00 Section o~/ Block~$Lot dJ- C' trent Owner Map No. Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ~ Section /~¢ -3/ 3. TYPE OF APPEAL Appeol is made herewith for {please check appropriate box) (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has~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 o variance and was made in Appeal No ................................. Dated ............................. , ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance is requested for the reason that F~rm ZBI (Continue on other side) REASON FOR APPEAL (j ~j., ! ~ ~ ~, ~lContinued 1. STRICT APPLICATION OP~ IDtDJ~%ICE would produce practical difficulties or unneces- sary HARDSHIP because '. 2. The hardship created is UNIQUE and is not shared by oil pr~e~ies afiKe ~ the ~mmea~a~e vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISI ~1~ because: SS '~*-.%~-,.ql-,<-,~ TOWN OF SOUTHOLD PROPERTY RE¢:C)RD C:ARD ~'--~- OWNER STREET ¥1/L~GE DIST SUB. LOT FORMER OWNER N ,~.<J/'- .... ~,~. E , ACR. RES. SEAS. VL ~//~ FARM COMM. CB. MISC. Mkt. Volue L~ND IMP. TOTAL DATE REMARKS Acre Tillable Tillable 2 Tillable 3 Woodland Swempl~nd FRONTAGE ON WATER Brushl~nd FRONTAGE ON ROAD ~ ~ ~/ ' House Plot DEPTH ~ 7 ~ ' ~ ~ BULKH~D Totel DOCK M. Bldg. Extension Extension Extension Porch Porch COLOR TRIM Foundation Bath Dinette Basement Floors K. Ext. Walls Interior Finish LR. Fire Place Heat DR. Rooms 1st Floor Type Roof Recreation Room Breezeway Driveway Garage Pet'h:r~ ~27 ~7 Total .go .x ,¢,.-p Rooms 2nd Floor ePS35OlVOZILO0; 210 08 · 51.-3-20 08 08 08 08 08 .... 08 08 Southold Town Board of Appeals HAIN ROAD- STATi:: ROAD 25 SOUTHOLD, L.I., N.Y. 11971 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JAMES DINIZIO, JR. Date: $.E.~.R.A. UNLISTED ACTION December 19, TELEPHONE (516) 765 1809 1~990 Notice of Determination of Non-Significance Appeal No. 3999 Project/Applicants: County Tax Map No. ~%% SAWICKI 51-3-5 Location of Project: N/S C.R. 48, Southold Relief Requested/Jurisdiction before this Board in this Project: Use barns for nonagricultural storage. 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 be project be implemented as planned, and: { X } this Board assumes Lead Agency status and determines this project to be an Unlisted Action (uncoordinated) noting these findings: { x } the project is proposed in an area with land contours 10 or more feet above mean sea level; { } the area seaward of the proposed construction is bulkheaded; { x } the project is proposed landward of existing structures;(X) there will be no substantial change to the land or use. { } this Board does not wish to be Lead Agency since the area of jurisdiction is minimal and not directly related to new construction (such as nonconforming use variance or use permits); { } this Board wishes to assume Lead Agency status urges coordinated written comments by your agency to be submitted within the next 20 days. and For more information, please contact our office. Copies to: Planning Board, Town Trustees, N.Y.C.D.E.C. Suffolk County Department of Health Services. and/or ......... ' ~enarately. Premise~i wooden deck with msuU?~ . ~ f~ ~ ~r ~ R~.~ S~old. ~; ~W T~ Map Par- KENNETH L EDWARU~ to ~ ~ 158 ~ 159 ~ ~ "Map ~. S~tion 1~-33 (1~-30A,4) f~ of Cedar Beach Pa~ Su~twst ~c dweH~S as exists is n~con- fo~g ~ ~ ~e ~r ya~ ~d side- ynrd setback, and ~e lot nres ~nd ~, ~ ANN CONLO~. vnn~ s~ to ~ ~w d~g wi~ Wfi~ ~ts may ~ ~ su~ ~ available. ~ needed, rot m ~p~: I~6~ ~c BaY~c- ..... 8-9. ~ BO~ OF APP~ ~:42 p.m. AppI. No. 3984 ~ ~ission ~ cs~bi~h ~ck ~m m ~ S~ ~ use ~- dlti~ally a~roved 9/10/~7 under A~I. No. 3~, ~d ns l~itcd by CondRion No. 10~ and (2) for approval of extended (modified) of that approved under ~i~ ~ No. ~. ~s ~ , b ~ Light ~dustdd ~ ~d l~ated at 1040 Ho~n's ~ld, ~ ~ ~ Map P~' ~ ~ N~ ~3-1-10. 7~45 ~m. AppL No. 397~ ~CHELL ~R~. Vad~ ~cti~ 1~-239B for approval of ~-S~m w~ s ~ at less ~ ~'~g I~nd ~d. 29~29 ~ 7:48 p.m. Appl. No. 3996 ~m 1~9.4B for ~ssi~ ~ = ~ ~qut~d 1~ feet f~ N~ OF ~.._..~ ::~ ~ bluff ~g ~e ~g Island NO~CE IS HEREBY Ol~7~ ~ ~ ~ ~ R-~ · i~ be held by thc SOUTHOLD "~ "~ ~ - ~ 53095 M~in Ros~, ~,' -- Town H~ .... AY '~ 7:30 p.m. AppL No. 3~ .~.. ,~ ~ ~ ~, ~ ~ ~ S~ i~4B for a~ ~x - ~ ~'~ ~ ~ R-~ .... ~. ~ ~~d ~ ~t° as ~ f~ ~ ~'y ~ ;?: 7 ~u 24 ~ush 30 ~ ~e Map of c~ ~ ~ lm ~ ~ ~ . ~ -a L ~wns" filed ~n ~e Suffolk R-40 Zone Distn~.) ~a~on . ~9 ~ F~ No 21 ~ : . ' .7:33 p.m. Appl.'No. ~o - . -:~ ~31 ROB~ ~ NO~ S~ ~ ' ~S ~s for ~Sc ~ g~cr~ ~ Sub,ct p~mlscs is l~atcd Si~ of Old No~ Road, ~u~ot t~ct.) ~t~ of P~Y: 49 ~ ~ pa~No. 1~-51~, ~ Bn~w R~ ~ ~ ~Y ~' 8=03 p,m. Appl, No, 3990 ~ ~ ~ N~ ~ ' MICHAEL cHOLOWSKY ~83&~ ' ' · e Su~iviston map oi ~ '" ' - to ~e ~g O~ance, N~k; ~ty T~ ~ , ' A~i~c ~, Section l~-31B~)(c) N~ 1~7~2-~ " ~* ~d ~blis~t, 7:35 p.m. Appl. No. ~9 ~ '-:~=:~ ,~ ~d ~i~ By Linda Kow~Jski STATE OF NEW YORK) )ss: COUNTY SU.OUO ,,.~,~"~-~ {~)C>C~- or Mattituc~ In ~ld ~un~, being du~ ~orn, ~ t~t ~/s~ b Pflnolp~ Clerk of THE SUFFOLK ~MES, a Weekly Newspaper, publbhed at Matt~uc~ In tho Town or SouthoM, ~un~ or Suffolk and S~te of New YeW, ~ t~t tho Notice of ~ich t~ annexed b a wlnt~ co~, ~ b~n ~u~ ~bl~ In said Newspaper once rich week for ( weeks sucoess~elY~o~menciflg on tho ~ day or . ~ Princl~lerk day m~ ~ ~q~ ~ ~ ~L~ ~ COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and fl~at the notice of which the annexed is a printed copy, h~s hecn published in said Long Island Traveler-Watchman Sworn lo before me this ..................... day of 19.~{., // Notary Public BARBARA NOTICE OF HEARINGS .... is zoned Light Industfinl (L) Sunset Way, Southold, NY;, .. '~b}~t ~ F~ch heari~ 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 Sul~visor 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 dekay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. If you or your representative should require more than 20 minutes to present your case, it is suggested that the extended presentation be submitted in writing at the hearing (if possible). 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. CHAIRMAN GOEHRINGER DEPARTMENT'OF PLANNING eCOUNTY OF SUFFOLK PATRICK G, HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 ARTHUR H. KUNZ DIRECTOR Of PLANNING February 13, 1991 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. sadPw~licant(s) rds, Kenneth L. cki, Frank Municipal File Number(s) 3993 3999 Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE. L.I., NEW YORK I 17B8 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 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, ArticleIII , Section 100-31 Variance from Determination of Southold Town Building Inspector. Special Exception, Article , Section Special Permit Appeal No.: 3999 Applicant: FRANK SAWICKI Location of Affected Land: N/Side Old North County Tax Map Item No.: 1000- 51-3-5 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or E~tuary) X State or County Road, Parkway,:Highway, Boundary of Existing or Proposed County, Boundary of Existing or Other Recreation Area Road, Southold Thruway State or Federally Owned Proposed County, State or Federal Park or Land or Existing or Proposed Right-of Way of Any Stream Owned by the County or for Which The County Has Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. or Drainage Channel Established Channel COMMENTS: Applicant is requesting pecmission toutili7~ PviKting harris fnr ~tnrage of general items in Ag~icu!~ura!-qonser,,ation ~istrirt Copies of Town file and related documents enclosed for your review. Dated: February ~, 1991 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 February 7, 1991 Mr. Joseph Sawicki 4002 ROW off Old North Road Southold, NY 11971 Re: Appl. No. 3999 - Variance for Mr. and Mrs. Frank Sawicki Dear Mr. Sawicki: Transmitted for your records is a copy of the determination rendered by the Board of Appeals at our Special Meeting held on Friday, February 1, 1991. Please he sure to return to the Building Department for other approvals/permits which may be necessary for occupancy or any possible renovations. Copies of this decision have simultaneously been transmitted to the Building Inspector for their files and update. Yours very truly, Linda Kowalski Copy of Decision to: Mr. and Mrs. Frank Sawicki Building Department Suffolk County Planning Commission 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: DATE: RE: Zoning Board of Appeals Office of the Town Clerk December 19, 1990 ZONING APPEAL NO. 3999 - JOE SAWICKI a/c W & F SAWICKI Transmitted herewith is ZONING APPEAL NO. 3999 - JOE SAWICKI a/c W & F SAWICKI together with a Notice of Disapproval from the Building Department, Notice to Adjacent Property Owner, the Zoning Board of Appeals Questionnaire, Short Environment Assessment Form, a sketch of the barns, and a copy of the tax map. Judith T. Terry Southold Town Clerk December 27, 1990 5535 01d North Rd. Southold, N.Y. 11971 TO WHOM IT MAY CONCERN: I regret that I will be unable to attend the public hearing regarding my application currently before the Zoning Board of Appeals since I will be out of state at that time. I hereby authorize Joseph Sawicki, Jr. to represent me and act on my behalf at this hearing.~~J~~ Page 14 - January 11, 1991 Public Hearing - Frank Sawicki Southold Z.B.A. meeting. The next regularly scheduled monthly meeting. All in favor AYE. Appl No. 3999 Applicant(s): Frank Sawicki Location of Property: N/S C.R. 48, County Tax Map ID No. 1000-51-3-5 Southold The Chairman opened the hearing at 8:19 p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: The p~.oposed building to be used, it is a building of approximately 70 feet in width and 90 feet in depth. I have copy of the Suffolk County Tax Map indicating this and so,rounding p~oi~:rt]es lu thc .~rea. Would any of you gentlemen like tubc heard? MR SAWlCKI: Good evenir~g . .nber~ of the Board. I would like to thank you for thc opportunity to appear before you aod preseat the case to you on behalf of my Uocle Frank who is hear tonight and my Aunt .- ..... Jul~e~ Sawicki who asked me to represent he~. i brou?ht you up a letter as she is out of state for this hearing this uvcning. The letter is for your files. The basis of this appeal centers around the fact that their potato barns are no longer able to be used for agricultural storage purposes. Frank and his brother Walter used th_,e~.~ potato barns quite extensively throughout the many decades that the family farm was ~n' bu~nc~.~: -'-' Walter Sawicki passed away more than two years ago and even before he passed away thc barns really weren't , .~d u .... for real ~ctive agricultural purposes for approx~ma~lI three yec~rs prior to his passing away. With the exception of partial leasing to other potato farms who would use it for potato storage there nau been little or no agricultural use enjoyed by these buildings for the last 5 to 6 years. Please understand that after a brother of Frank and Walter ~- · -~ ~a%;lc~, passed away the family farm has been totally dissolved, retired and unfortunately I personally must add there will probably be never be another Sawicki farm again. WI,ere does that leave them wi.th the potato barns? Under current zoning use they can legally be converted of course to a residential building but you know as well as we do how costly that would be, Even if it is at all possible. You are probably literally speaking enormous sums of money to convert a potato barn into a residential building. They have been trying in earnest to rent these bu[ldin9 for other agricultural uses but to no avail. As a matter of fact the current tenant Steve Doroski who leases only part of the building for potato storage and has been for a number of years now. He has already provh]ed Page 15 - January 11, 1991 Public Hearing Frank Sawicki Southold Z.B.A. notification that they will no longer be using the potato barns since they too are discontinuing potato farming after this winter storage season is over. With the dramatic decline in Southold Town it's basically and vlztually impossible to find any type of tenant ~ndcr tl~e current agricultural restrictions. The hardship arises to them ~hen you consider the costs involved to continue to ~.~wn and maintain these buildings and not be able to generate any rental income to cover any of these costs. Annual fixed costs alone include property taxes ow~r $2100.00, insurance over $3100.00, electric bills over $3000.00. Hence you can see that these barns cost over Sg000.00 a y~ar just to own without including the variable exp~nse~ for ~alntenance and ~cpairs which are quite costly as ~-, kno%~ f~[ ].az'ge buildings. I will be happy to provide yot~ ]atc]~ ~,-;it!: ~]ocumcnta[~ion of these costs on an annual basis ~g,',lr: f~ you~: files. Uncle Frank and Aunt Mrs. Walter Sawi~.~k~ i re~&~cc', fully reque~t that ~] var]~nce for permission to .~t[7 [.~c []-~:3c existing potato barns for inside storage of gc~e~,~l mi~ce!]~neous items other then presently permitted ~s ~jr[~u!tural ~;torage uses. Such examples of these miscel!,~'~¥.~>u~ [hems ~]~ght include boats, trailers, various equipm<~nt, const~_~ctlon materials, and even perhaps household items, -{nd antique cars. Certainly the required loading and u~!cading of such items would be infrequent. Generating !itt] ~ ~ ~'~o change in adjacent parking areas and no change ~:, t~.'~ffi~ on ~e,{r by roads. They are requesting strictly inside s~or,~{ge which would not be visible neighbors or neig}~bori~g areas. Basically such newly permitted use %~_~uld be no different than currently ~{]!owed under agriculture. Only the storage item itself would be different. If o~c~ variance was granted trion it is fei t that Frank and M~s. Sawicki c~uld much more easily rent or lease these buildings t~,.~cby re-,king ownership of the buildings affordable. There is no other way that we know of to be able to de~ivc inco~:~e from th~:~e buildings to meet suc~ f[~cd and variable cost~ associated with them as I have outlined. I would like to pnint out further to you that other then Sawicki livir~g sever,~l hundred feet to thc east of these buildings there are no other residences closer then approximately two to three tenths of a mile to the west down the road. It is fnlly lntcnded that thc permission to store such general and miscellaneous items is granted would in no way harm the current landscape of the area since no storage or continuous activities would be permitted to take place outside the building. No commercial bu~nines:~ at all would be permitted in or around the bulldiug. Again the surrounding neighborhood would notice absolutely nothing different from outside the buildings as we see currently. We would oppose any efforts to erect signs and generate any additional traffic in that vicinity. All we are asking is permission Page 16 - January 11, 1991 Public Hearing Frank Sawlcki Southold Z.B.A. for again strict lnslde storage only. Any activities not be repetitive but to reiterate any activities in the vicinity would be no different then we see currently now allowed under agriculture except it wouldn't be agrlculture strictly any longer. Frank and Mrs. Walter Saw,chi also wish to offer you formally or any Town department to th~ right to inspect at any t~me these buildings. To insure that the proper storage is in fact being conducted if you so find it proper to grant this variance. In su~nary, unless this appeal and variance is permitted such buildings will not nnly be rendered useless but they will cost well in excess of $8000.00 a year to own while remaining vacant. That is my formal presentation. CHAIRMAN COEHRINGER: We Slave two boi~' ~. · ,]tng~ here is that correct? MR SAWICKI: ~ i~jht, CHAIRMAN GOEHRiNGER: What is the actual construction of those build~n~._~. The ~oof~ are wood. MR SAWlCKI: The roofs are wood and tile walls are cement block. CBAIRMAN COEHRiNGER: As I think yon <ire aware we did render a decision to two brothers in Cutchogue for a similar types of buildings. One was steel and one was wood and one was some other composite material. They are presently renting tho..~. That d~'cision was rendered sometime in 1988. We of course have placed a restriction on that. That it be of dead or inactive storage and I think that %;e concur in that particular aspect. The one problem that we do Slave however, we did bare Mr. Gray here tonight who owns Pudgc Corp. who owns mini storage, in fact, it's right in back of us right over here. We a.sked him at the time that there be no storage of --turned tape over -- gasoline tanks. It has been the procedure of most everyone who owns a boat of that nature to fill a tank up for the winter so that there is less condensation. This Board may restrict if it so desires to grant this application that it be limited to any type of dead storage' that not contain any nocuou~ or flammable material. That is what we are primarily concerned MR SAWICKI: That would be no problom what so ever. CHAIRMAN GOEHRINGER: There are many many boats out there that the motors are extricated from and then of course the boat is then stored for the winter. That ~s something you will have to deal with. We are concerned with fla~nable material. Page 17 - January 11, 1991 Public Hearing - Frank Sawicki Southold Z.B.A. MR SAWICKI: That would be no problem. We were Just trying to provide examples of different types of basic what w~ thought would be very safe types of storage. CHAIRMAN GOEHRINGER: Thank you very much for your presentation and we will do the be: twc possible can. Say hello to your father. MR SAWlCKI: Thanks very much and enjoy the snowstorm. CHAIRMAN GOEHRIJG~;R: Is there ;~n~ybody else who would like to speak in favor of th[~ ~ ~' - ~ ,.~pp~.~(~ut~o,~ ~ there anybody ,~ho would like to speak against the ,~pplication? Board Members? H~,,{:"]~g n~ further questions I make a motion closing the hear]n~ ~e:'~'rving ~'ne decision until later. All in favor - AYE. Appl No. 3995 Applicant(s): C~Tego~y Fegcs Location of Property: ~/S ~ ~. County Tax Map iD No. 18-00-99-5-17 Mattituck The Chairman O[}{2£LCd 13h(2 hearings at $;37 p.m. and read the notice of h~.~r!n~3 .~nd ,~ppllcat]~.~n for the record. CHAIRMAN GOEHRINCER: The first application of the eveningS, the gentlemen was a little late because uf the weather uP.d did promise him that we would take care of his application first. S~s w,~ will ask Hr. Fegos if hc would use the microphone. MR FEGO$: Guud ~vuning M~. Chairman I would like to apologize for the inconvenience. What I am r,..quustln9 from the r~ar view :~f !:'.re housu from the site or to connect the rear deck to the side d:_~or_. The~e is a 5 foot deck going have a stoop 5 x 6 so I am trying to connect that to the deck which wa.~: a miut~ke on the original plan presented to you. That is why it was b<~sically there. CHAIRMAN GOEHRINGER: Is this deck roofed in any way. MR FEGOS: No it is not. CHAIRMAN GOEHRINGER: Do you have a plan to roof it lu any way? MR FECOS: No, Notice of Hearings Southold Town Board of Appeals Regular Meeting - January ll, 1991 Copies mailed to the following: Mr. Gregory Fego~.s~, 215-14 49th Ave., Bayside, NY 11364 Mr. Rudoloh Brue~ P.O. Box 1466, Southold, NY 11971 for Mr. & Mrs. Robert Sieber Mr. Paul Caminiti, Esq. P.O. box 992, Southold, NY 11971 for Mr. & Mrs. John Fiore Pamela Ann Conlon, 96 Shelley Ave., Port Chester, NY 10573 Pudge Corp., P.O. Box 1465, Southold, NY 11971 Mr. Mitchell Marks, 60 East 8th St., New York, NY 10003 Ward Associates, P.C., 1500 Lakeland Ave., Bohemia, NY 11716 for Stanley Wernick Mr. and Mrs. Henry Raynor, 275 Cardinal Drive, Mattituck, NY 11952 Mr. Joseph Sawicki, 4002 ROW off Old North Rd., Southold, NY 11971 for Frank Sawicki J. Kevin McLaughlin, Esq., 828 Front St., P.O. Box 803, Greenport, NY 11944 for Michael Cholowsky Kenneth L. Edwards, P.O. Box 332, Fishers Island, NY 06390  617.21 ~. SEQR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I~PROJECT INFORMATION (To be completed by ADplicaot or Project sponsor) 1 o APPUCANT/SPONSOR 3. PROJECT LOCATION: __ Municipality ~H~ County 4. PRECISE LOCATION (Street address and roa¢l iniersecflons, pro~-,,;~&.; I&.,~,ha~ks. etc. or provide map) S. I$ PROPOSED ACTION: OJECT BRIEFLY: . , . . 7. AMOUNT OF LAND AFFECTED: ~ acres Ultimately ~ ~ acres 8· WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS'"'~ [] Yes ~[NO I~ NO. describe brletly ~ , . ~, . · ~,, . ~. w.~T ,s FREBENT LAND USE ,. V,C,N,~y DP .RO~ECT? ~' ~'~ ~ __~Z~,~ ~,~,~;~. DesCribe; [] Othe~ 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAl.. STATE OR LOCAL)? ~~LYes [] NO If yes. list agency(st and permit/approvals 1!. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~ [].o PERM 'AFPROVAL REDO, E MOO,.,CA~;~?" '~ ' I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE 1'O THE OEST OF MY KNOWLEDGE ~ ,~ ,- ,~ ~ . /, o~,~ ~/,/~u ~ action is in the Coas.tal Area. and you are a state agency, complete th~ ~essment Form before proceeding with this assessment OVER 1 (Con~n~ed on =eve=se s~de) LL~he N.Y.S. Enviro~ental Oualit,, Revi of =nls form, and an envi~nme~#~- ~ . ~ =~,~=~ requires submission before a~y action is take~ .... ~=vle. wx~ ue made by this board ~hat the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered NO it is likely that the project is no~ significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? __Yes O 2. Will there be a major change to any unique or ~nusual land form on the site? Yes 3. Will project alter or have a large effect on ~N an existing body of water~ .__Yes ~ o 4. Will project have a potentially large, impact on groundwater quality? - Yes ~_~No 5. Will project significantly effect drainage flow on adjacent sites? . Yes /No 6. Will project affect any threatened or endangered plant or animal species? ___Yes 7. Will project result in a major adverse effect on air quality? . Yes ___~No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? ___Yes _~.go 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical ~No envircamental area by a local agency? _,__Yes 10. Will project have a m~jor effect on existing or future recreational opportunities? _ Yes o ~1. Will project result in major traffic problems or cause a major effect to existing transportation · systems? ~N 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? _ Yes _~No 13. Will project have any impact on public health or safety? .~Yes ___~No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year ~Yes ~NO period or have a major negative effect on the charact~ of the community or neighborhood? 15. Is there public controversy Concerning the prelect? . , Yes o ~HORT ENVIRONMENTAL ASSESSMENT FO~! ~NSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed Preparer,s Signature:,,, Repreeenting: ~b"~/c~ ZBA ~/75 SEE SEC. NO. I$0 ISLAND LONG 3.2 3.4 27.6A[cl / 5 KEY MAP I § 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. No. 6-1985]: -f ;D*'~ ~" · ~? ~IDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, fiats or other Iow lying lands subject to tidal action; (2) All banks, bogs, meadows, fiats and tidal marsh subject to such tides and upon which gro~vs or may grow some or any of the following:, salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Ti- tle 1, § 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 soventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 2.25-85 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, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? { } Yes {~} No De 1. Are there any areas which contain wetland grasses? 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? 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? /~ (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? ~/~ 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? y~ If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel ~,/r/~?~.p/~f~ ~-~.'y~ . and proposed use Authorized~gnature and Date ' 3/87, 10/901k BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appea~s of the Town of Southo~d NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. T~e intention of the undersigned to ~etitibn the Board Appeals of the Town of Southotd to request a~ (Special Exception) (Special Permit) (Other) of [circle choice] 2. That the property which is the subject of the Petition s located adjacent to your property and is des- cribed as follows: f4~,Cgj~/ER ~T,~7-~ ~.~ ~:',,,q-~/v,$./,~/d/~/,4/~..5. /~(~r.6Z~/~ ~ 3. That the property which is the subiect of such Petition is located in the following zoning district: 4 That h~ such Petition, the undersigned will request the following relief: S. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are .z~ct_L¢le j.~ Section /~ ~,g/ /.~d3 [ 1 Secl:~on 280-A, New York Town Law for approval of access over right(s)-of-way~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there exa/nine the same during regu ar office hours. (5].6) 765-].809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the B6ard 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:' Petitioner / Ownevs' Names:~~ Post Office Address i/qM / [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAM~ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 271 447 715 RECEIPT FOR CERTIFIED MAIL ND iNSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Str et and NO F,¢ Postage Certified Fee Special Dehvery Fee Restricted Dehvery Fee Return Receipt showing Io whom and Date Delivered Return Receipt showing to whom, HED MAIL ) MAIL rROVIDED / )ED MAIL ) 713 FNEO MA~L PROVIDED L MAIL ,) AiL STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ~/---~',%?w . .~',Bez'i~ ~'_/ 0'7'. . residing at CLJ~ /VO/~'~/q ~0~ .~.r~ u~/-4 0 L ~ , being duly sworn, deposes and says that on ~he ~day of ~~ ,19 ~0 , 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 addresse~ of said persons as shown on the current assessment roll of ~he Town of Somhold; that said Notic~ were mailed at the United S~ates Post Of- ~ . ~oB~o ~ ; that said Notices were mailed to each of said persons by ~ (registered) m~il. Sworn tO ,bxefore me this day,~f L)PaC~,r;q J~ r- ,19 Notary Public (This side does not have to be completed on form transmitted to adjoining property owners.}