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Home My WebLink About3896 Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZlO, JR. ACTION OF THE BOARD OF APPEALS Appl. No. 3896 Matter of JERRY GAMBONE AND KES ZAPKUS. Special Exception to the Zoning Ordinance, Article IX, Section 100-91, for permission to have Office/Retail business on first floor and residential rental apartment on second floor. Property Location: 55415 Main Road, Southold, County Tax map No. 1000, Section 62, Block 1, Lot 12. WHEREAS, a public hearing was held and concluded on December 19, 1989 in the matter of the Application of JERRY GAMBONE AND KES ZAPKUS under Appeal No. 3896; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning,' and the surrounding area; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the north side of Main Road, Route 25, Hamlet of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 62, Block 1, Lot 12. 2. This is an application for Special Exception from the Zoning Code Article IX, Section 100-91, for permission to have Office/Retail business on first floor and residential rental apartment on second floor. Page 2 - Appl. No. 3896 Matter of JERRY GAMBONE AND KES ZAPKUS Decision rendered January 9, 1990 3. Article IX, Section 100-91, in the HB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses. 4. In considering this application, the Board finds and determines; (a) that there is no other method for appellants to pursue; and changes or alterations on the premises will require a Special Exception. (b) that the Special Exception will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience, and/or order of the Town; (c) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the Special Exception, as applied conditionally noted below. Accordingly on motion by Mr. Dinizio, Seconded by Mr. Goehringer, it was RESOLVED, to GRANT a Special Exception in the matter of the application of JERRY GAMBONE AND KES ZAPKUS under Appeal No. 3896, SUBJECT TO THE FOLLOWING CONDITIONS: That there only be cooking facilities for one apartment. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Dinizio (Absent Joseph Sawicki). This resolution was duly adopted. df RECEIVED AND FILED BY TtiE SOUTHOLD TOWN CLERK Town Clef.k, To~,m c.~ Southokt APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. JOSEPH H. SAWICKI JAMES DINIZlO, JR. Southold Town Board of Appeals MAtN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO, (516) 765-1823 N~Y£ICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the $OUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on TUESDAY, DECEMBER 19, 1989, at the following times: 7:30 p.m. Appl. No. 3870 - MATTHEW CUSUMANO. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d, (Article IIIA, Section 100-30 A.3) as disapproved, for permission to construct a deck and other additions, proposed construction will be less than 75 ft. from water or wetlands and will have insufficient front and rear yard setbacks. Property Location: 435 Briarwood Lane, Cutchog~e, County Tax Map No. 1000, Section 136, Block 01, Lot 01. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 7:35 p.m. Appl. No. 3868 - NICHOLAS NICKOLAUS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d A, as disapproved, for permission to construct addition to existing one family dwelling and accessory building, proposed construction is less than 100 ft. from bluff of'Sound in this R-80 Zone District. Property Location: 17555 Soundview Avenue, Southold, County Tax Map No. 1000, Section 51, Block 1, Lot 2. 7:40 p.m. Applo No. 3881 - WARREN AUGENTHALER. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to construct accessory building in frontyard area. Property Location: 7225 Nassau Point Road, Cutchogue, County Tax Map No. 1000, Section 111, Block 15, Lot 12. 7:45 p.m. Appl. No. 3893 - MICHAEL AND CLAIRE GLEW. Variance to the Zoning Ordinance, 280-A Approval of Access Right-of-Way, (Article XXVIII, Section 100-281 B, construct a % one family dwelling). Property Location: 61339 Main Road, $outhold, County Tax Map No. ~000, Section 56, Block 1, Lot 41. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 7:50 p.m. Appl. No. 3873 -- VINKO NALETILIC. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, for permission to construct a deck addition, construction exceeds p~rmitted lot coverage of this R-40 Zone District. Property Lucation: 780 Orchard Street and 1300-2nd Street, New Suffolk, County Tax Map No. 1000, Section 117, Block 7, ~ot 22. 7:55 p.m. Appl. No. 3879 CHARLES MALONE. Variance to the Zoning Ordinance, Article XXIII, Section 100-230C (1), 100-231 A., for permission to construct a 6 ft. fence in frontyard area, fence exceeds 4 ft. in height. Property Location: 358 North Sea Drive, Southold, County Tax Map No. 1000, Section 54, Block 5, Lot 19. 8:00 p.m. Appl. No. 3886 - ROBERT STAPLES. Variance to the zoning Ordinance, Article XXIII, Section 100-239d (C), for permission to construct a new dwelling adjacent to freshwater wetlands in this R-40 Zone district, proposed dwelling will be closer than 75 ft. from freshwater wetland. Property Location: 785 Wilmarth Avenue, Greenpo~t, County Tax Map No. 1000, Section 41, Block 1, Lot 7. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 8:05 p.m. Appl. No. 3894 - JOSEPH AND LAWRENCE PEARLSTEIN. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B, for permission to construct deck addition with insufficient front yard setback. Property Location 2225 North Sea Drive, Southold, County Tax map No. 1000, Section 54, Block 04, Lot 23. 8:10 p.m. Appl. No. 3892 - ANTHONY BOLLETINO. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to construct an accessory shed and gazebo in front yard area. Property Location: 16705 Main Road, Route 25, East Marion, County Tax Map No. 1000, Section 23, Block 1, Lot 14.6. 8:15 p.m. Appl. No. 3888 - ERNEST TARMIN. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to construct Accessories; pool, tennis court and shed in front yard area. Property Location: 29823 Row off Main Road, Orient, County Tax Map No. 1000, Section 14, Block 2, Lot 1.10. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 8:20 p.m. Appl. No. 3887 --MARK AND ELLIE GORDON. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to construct a tennis court in frontyard area. Property Location: 1019 Private Road 97 Fords Road, Southold, County Tax Map No. 1000, Section 87, Block t, Lot 18.4. 8:25 p.m. Appl. No. 3891 ELIZABETH JOHlqSTON. Variance to the Zoning Ordinance, Article III, Section 100-32.4 (A), for permission to construct a lap pool, accessory pools not permitted in frontyard area. Property Location: Row off Oregon Road~ Cutchogue, County Tax Map No. 1000, Section 073, Block 02, Lot 0l. 8:30 p.m. Appl. No. 3884 - DICKINSON/THOMPSON. Variance to the Zoning Ordinance, Article I, Section 106-20, (Article III, Section 100-32), for approval of insufficient area in this pending division of land and Bulk and Parking regulations. Property Location: Main BaYWiew Road, Southold, County Tax Map No. 1000, Section 078, Block ~9, Lot 30. Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 8:35 p.m. Appl. No. 3889 --~TIMOTHY AND GEORGE WELLS. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Bulk and Parking Regulations, (Article I, Section 106-20), for approval of insufficient area in this pending division of land. Property Location: South Harbor Road, Southold, County Tax Map No. 1000, Section 075, Block 07, Lot 1.~, 1.4, 1.5. 8:40 p.m. Appl. No. 3890 - WALTER GLASSER. Special Exception to the Zoning Ordinance, Article IX, Section 100-91, for permission for change of use from Place of Worship to Office/Apartment. Property Location: 475 Beckwith Avenue, Southold, County Tax Map No. 1000, Section 061, Block 1, Lot 25. 8:45 p.m. Appl. No. 3882 - BIDWELL WINERIES. Special Exception to the Zoning Ordinance, Article III, Section 100-30, for approval of consumer tasting and retail sales from the Winery. Property Location: Route 48, Cutchogue, County Tax Map No. 1000, Section 96, Block 4, Lot 4.3. ~age 7 - Notice of Hearings So~thold Town Board of Appeals Regular Meeting of December 19, 1989 8:50 p.m. Appl. No. 3896 - JERRY GAMBONE AND KES ZAPKUS. Special Exception to the Zoning Ordinance, Article IX, Section 100-91, for permission to have Office/Retail business on ~irst floor and residential rental apartment on second floor. P~operty Location: 55415 Main Road Southold, C?unty Tax Map No.~ 1000, Section 62, Block 1, Lot 12. 8:55 pom. Appl. No. 3872 COMPASS TRANSPORTS. Resolution to conclude hearing in its entirety. 9:00 p.m. Appl. No. 3770 - PORT OF EGYPT. Proposed motion of the Board to re-open said hearing closed on November 8, 1989. 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 time allotted. Additional time for your presentation will be available, if needed. For more information, Please call 765-1809. Dated Decen~ber 4, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda -- NOV 0 1989 DWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: K (We), Jerry Gambone & Kes Zapkus of Application No. ~<~ Date Filed: 4860 Rock}, Point Road (Residence, House No. and Street) East Marion, New York, 11939 516- 477-1341 ................... (Hamlet, State, Zip Code, Telephone Number) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE TX , SECTION 100 - 91 , SUBSECTION B - 4 for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): For permission to have business retail store on the first floor, apartment on the second floor. or professional offices or a under a residential rental A. Statement of Ownership and Interest. ~(are) the owner(s) of Jerry Gambone & 3roperty kn~)wn and referred to as 55415 M~n (House No., Street~ Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section 67, Block i , Lot(s) 12 , which is not (is) on a subdivision Map (Filed , "Map of "Filed Map No. , and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on Nnvmmh~r 4~ lqR5 B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: ( Please see reverse side of this application ) Co [x] L ] [ ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORKi ss.: Sworn to ~efore me this~y~ (Notary Public) ~ ZB2 (rev. 2/6/86) day of /~ ~:~ - The property which is the subject of this application is zoned Hamlet Businessand is consistent with the use(s) described in the Certificate of Occupancy being furnished herewith. Existing Use: One Family Dwelling is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): ~Si gnatu)~e ) ~' (.-, 19 J' ~. JOSEPH SCHWARTZ Notary Public, State of New York No. 24.4~71294 Qualified in Kings CourLt'J Commission Expires Sept, 1~, 19.~/ The building is an attractive and historic Southold structure. It is an excellent example of Greek Revival Architecture, circa 1830 - a collonaded two story building, centrally located on Main Street. It faces the Historical Society's museums and grounds and maintains the front lawn set back appearance in harmony with these structures. It is zoned for business and would conveniently serve pedestrian town traffic, with automobile parking out of sight behind the building. The apartment on the second floor alleviates some of the shortage of centrally located rental apartments. The mixed usage of business and residential would be a low intensity use of the property which allows the owner to make the building economically viable while preserving its character. AA. Bldg. Extension Extension Porch COLOR TRIM Foundation Basement EXt. Walls Extension Fire Place Type Roof Recreation Room Porch Dormer Breezeway Driveway Garage Patio aa B. Total IIIIIIII IIJalllllllll IIIIIIIIIJIIIIIIIIII IIIIIIIIIIIIIxlll IIIIl~lllllll~llllllllllll[ll tlIIIIIIIF'IIIIIIIIIIIIIII Bath Floors Interior Finish Heat Reams 1st Floor Rooms 2nd Floo, TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST, SUB. LOT , ACP.. ,/ FOR~ER OWNER N.i/~ ~j ~ ~ ~/,. E ~T'~,,~ ~ o. · TYPE OF BUILDING . ES. ~/~ S~S. VL FA~ COMM. CB. MISC. Mkt. Value ~ND IMP. TOTAL DATE RE~RKS '~ ~ ' , . , - AGE BUI~ING CONDITION N NOeL BELOW ABOVE ~.~ FA~.M Acre Value Per Value ' .. Acre 'illable 1 illable 2 illable 3 /oodland ~ampland FRO~AGE ON WA~R FRONTAGE ON ouse Plat . DEPTH / ~ t ~ BULKH~D )tel ~K 1,4AI ~ ,~ STATE !! .-12-d?P OF PI2OPEIT)..TY ~Ol~X/EYEI2_ r--ol?_ . 14EST'LJTtS E.' ..... : - GE-2ALD:' 12. G~BONE -:' : ' ',, ._ .:' ---A'I~'-"'' TOWN CLERK euHolk Count. New York 516- 765-1801 N.0 ' ~500 * ~c~or ~ ~ ~- ~ ~ ~ ' Ju&th T. Terry, Town Clerk COUNTY OF SUFFOLK ,~,,~ SOUTH~OI~I Real Pro~er,¥ Tox Service Agent' ~.~. t~ DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G, HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 ARTHUR H. KUNZ February 1, 1990 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 aa either an approval or a disapproval. Applicant(s) Municipal File Number(s) Matthew Cusumano 3870 erk & Ellis Gordon 3887 rry Gambone & Kcs Zapkus 3896 Very truly yours, Arthur M. Kurtz Director of Planning GGN:mb S/a Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 ' SOUTHOLD, L.I., N.Y'. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZ[O, JR. 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: XX Variance from the Zoning Code, Article , Section Variance from Determination of South~ld Town Building Inspector Special Exception, Article IX , Section 100-91 Special Permit Appeal No.: 3896 Applicant: Jerry Gambone Location of Affected Land: 55415 Main Rd. County Tax Map Item No.: 1000-62-1-12 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound'or Estuary) XX State or County Road, Parkway, Highway, Boundary of Existing or Proposed Boundary of Existing or Proposed Other Recreation Area County, County, and Kes Zapkus Southold, NY Thruway State or Federally Owned State or Federal Park or Land or COMMENTS: business on 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, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. Applicant is requesting permission to haw Office/R~l . first floor and residential reqtal apartment on ~cond floor Copies of Town file and related documents enclosed for your' review. Dated: Janu. ary 30, 1990 Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. J~nuar¥ ~6, 1990 Mr. Jerry Gambone and Kes Zapkus 4860 Rocky Point Road East Marion, NY 11939 Re: Appl. No. 3896 Jerry Gambone and Kes Zapkus (Variance). Dear Mr. Jerry Gambone and Kes Zapkus: Transmitted for your records is a copy of the recent determination rendered by the Board of Appeals concerning your application. Please be sure to return to the Building Department and all other involved agencies for proper permits as may be necessary before cormmencing construction activities. A~copy of this decision has simultaneously been transmitted to the Building Inspectors' Office for their files and update. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda Enclosure Copy of Decision to: Building Inspectors' County Planning Office 61. -4-11 "'"~1"/:-4-12 C NV SMITH MARGARET E 4800 4800 61.-4-13 __C~_~O0___W_ILLIAMS~HENRY & WF_ 6200 4200 '"--~i~~14 ......... C PH TINNELLY JAMES & ORS 3~'~ .... ~6~ 61.-~-15 C GA TASKER CATHERINE E 2500 2500 ~ 6i~~6 .................. ~-~Y~N~' SYORE~-- ~00~ -~i'~'~ C NC DICKERSON.OLIVE W ............ ~900 ....... 4900 ..... 4900 ......... 4900 0 210 1 08 4800 4800 0 210 1 08 4200 4200 0 210 I 08 3600 3600 0 210 I 08 2500 2500 0 210 I 08 ~00~ ....... 1000 ....... 0 '- 485'i ........ o8 61.-4-17 C RN SMITH MARIE C 5200 4300 4300 5200 0 210 1 08 ~iJ'-4-18 ............ C'$F THOMPSON'JUDIT-H A .... 370d ............ 3~Od 3700 ....... 3700 - 0 2i0 1 ' 08 61.-4-19 C SY M E CHURCH 26700 0 0 0 0 620 8 08 ---~1:~'20 ........... ~"~§ ~O¥'HMAN'~'-~PT~STORES 10800 10800 10800 10800 ..... 0 485-~ 08 61.-4-21 C NU ROTHMAN ROBERT & ORS 10400 10400 10400 __ 10400 0 485 1 08 61~:4'22 ................... ~'ON ~D~-~O~P ........ ~9~---~69~ 26900 26900 0 ' -481 I 08 61.-4-23 C PG MOBZL OIL CORP 7200 7200 7200 7200 0 432 I 13 --6iJ~-24 ............... C ~F~N~L~ FERuc~ ~ ~ ........... 3~6 -- ~?~ - 3700- 3700 0 464'1 08 61.-4-25.1 C ~0 M~N ~_YOUNGS REALTy_ C ___ ~4OO0 54000 54000 54000 0 454 I 08 ~"~i~-4~26 ............ c RL LADUCA ROSARIO & WF 4300 4300 4300' 4300 0 210-1 ...... , 08 61.-4-27 C SE PUDGE CORP 5700 5700 5700 5700 0 210 I 08 61.°4-28 CSX MALLGRAF PHYLLIS B 5400 5400 ~400 5400 0 210 1 08 61.-4-29 C TQ RICHARDS MIRIAM LYNNE 3700 ~700 3700 3700 0 210 I 08 ,'~'--~1.~4-30 ...... C NT HOFFN£R~ORGE C & W~ ..... 4200 ~ --~ ..... 4200 4200 0 - 210 I 08 61o-4-31 C OM WESTGATE VICTOR R & WF 4400 4400 4400 4400 0 210 1 08 61~-4~32 ......... ,~ ........ ~-PF'§~OY¥-SO~N~ M ....... 4?00 4700 4?00 4700 0- 210 I ...... 08 61.-4-33 L- -- C PY REINHARDT AUDREY 2900 2900 2q00 2900 0 210 I 08 51~4-34 ........... C QR E~ANS OL~E M ...... 3000 ..... ~0~0 -3000 3000 0 2101 08 al.-4-~5 c R~ SHEEHY JOHN F & WF 5800 5800 58O0 5800 0 210 I O8 '"&1.:4-36 ................ ~ ~6:HER~ ~AYHoN5 H & ~ .......... 3~0~ ~ 3400 3400 3400 0 2i0 i -- 08 61.-4-37 c sw ~UARTY WOODROW B ~ WF 3400 0 0 3400 0 210 1 08 i ---~1~'~&~38.~ .......... ~-U~'-~IMAGGIb--~ORETTA ..... 5300 .... 53~00 --5300 5300 0 ~b 61o-4-38.2 C VH DIMAGGIO LORETTA 5300 5300__` 5300 5300 0 ~10 1 08 ~1~[L39 ............. ~U~ ~ZP~T~ V~RNA P ....... ~3800 3800 3800 ~800 0 210 I 08 61.-4-40 COL GRUPPE KARL H 6900 6400 6400 6900 0 210 1 08 1]?00 13700 13700 13700 0 411 I 08 62.-1-2 C LQ RICH FREDERICK P 13700 13700 13700 13700 0 4111 08 62-~1-3 ............ C k~ ~bNW~Y T~OMAS A & MAR~ --- 6200 ...... 6200--' 6200 6200 0 484 I 08 6~.-1-4 C NC VANHOLTNE EDZARD JHR 12800 12800 12800 12800 0 483 1 08 '-~1-5 ............. ~ NV k~AM£~ jO~N j & ............ ~9~ ....... ~0~'-- 6900 6900 - 0 464 I 08 6~.-1-8.1 ~C RICH FREDERICK P 14700 14700 14700 14700 0 411 I 08 --~'1-11.1 ......... SOUTMOLD ~RE DIST -' 1~7200 ...... 0 0 0 0 662 8 08 6~.-1-12 c MI ZAPKUS KESTUT[S E & 3500 3500 3500 3500 0 210 I O8 6~.-1-1~ ~U TONYES EDWIN A & ORS 3400 3400 3400 3600 0 210 1 08 6~1-15 .............. ~ ~N ~D~M~ON ~ETER & LENoR .... 9700 -' ' 9?00 - 9700 9700 0 - 685 1 .... 08 62.-1-16 C PG COMPASS TRANSPORTS S A ....... 4700 4700 4700 4700 0 486 1 08 ~6~-~1-17: ............. ~Z B~O~ki WESLEY JR 3900 3900 ~900 3900 0 210 I ...... 08 PAGE ....... TOTAls - 336,99~_~NT~ ......... ~36~90~__TW~/CI~ .... ~34!~700 Sc~.OOL 0 VILLAGE ....... - --. I Il Ill ,-ii II --I-r -- I 3--'1-1 I ulr- '- iii -- - - __ I Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Zoning Board of Appeals FROM: Planning Board DATE: Gambone/Zapkus SCTM #1000-62-1-12 The following is in response to your request of December 7, for comments on application number 3896 Gambone/Zaphus. 1989 The Planning Board is in favor of this use when Local Law Number 23 takes effect upon its filing with the Secretary of State. " I 1 2 3 4 $ 6 7 8 9 10 11 12 14 15 16 17 18 19 2O 21 22 23 24 25 Article III, Section 100-30, consumer tasting and retail Property location is Route 48, Cutchogue. County Tax Map No. 1000-96-04-4.3." A copy of a sketched in site plan. for approval of sales from the Winery. 59 I have a copy of a Suffolk County Tax Map indicating this Winery as being approximately 15 acres. Is there somebody who would like to be heard for Bidwell? No one is here from Bidwell? Well, we want to ask Bidwell some questions, so what we'll do is recess this with a date being the next regularly scheduled meeting and ask them to make sure that they're here. Is there anybody that would like to comment on this application before we recess it? Seeing no hands, I'll make a motion to recess it to the next regularly scheduled meeting. DINIZIO: Second. MR. MR. GOEHRINGER: Ail in favor? THE BOARD: Aye. MR. GOEHRINGER: The next appeal is in behalf of ~erry Gambone and others. It's appeal number-3_J~ The legal Notice reads as follows: "Upon application the applicant 3896 special exception to the Zoning Ordinance, RAM Court Reporting Service 216 Court St.,Rlverhead, N.Y., (516} 727-3168 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Article IX, Section 100-91, have office/retail business 60 for permission to on first floor and residential rental apartment on second floor. Property location is 55415 Main Road, Southold. County Tax Map No. 1000-62-01-12." A copy of a site plan produced by Reggie Helle, Architect, dated May of 1988, indicating a rather stately two-story frame house on the Main Road in Southold. And the nature of this application is an accesssory apartment on the second floor. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody that would like to be heard on behalf of this application? MR. GAMBONE: Yes. I'm Jerry Gambone. My partner is here as well, but this is sort of my project. I have never been to one of these meetings before. MR. GOEHRINGER: MR. GAMBONE: I know ~s if you have any questions, then I know what to tell you. I could sort of tell you the history of what's happened with why I'm here It's very relaxed. guess what I would like to RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., ($Ib~ 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 61 tonight, but I don't know if that's relevant. MR. GOEHRINGER: Quickly, if you want to give it to us, sure. MR. GAMBONE: well, I saw the building in August of 1985, and before purchasing I talked to Mr. LeSard and Mr. Hinderman at the Building Department. I wanted to, down the road several years from purchasing it, use the first floor probably to run an antique business and the building seemed appropriate for that use. It's not the business I'm in now. But I went to them saying I want to buy the building, what can I do with it so I can make it economically viable. And the suggestion was what I'm here for now which is to put offices on the first floor and an apartment upstairs. I wanted to make it a totally professional building but because of the way they were interpreting the handicapped law, to mean it would have been prohibitive to make the second floor offices. So, I bought the building based on wanting to do that. I rented the building as a house for two and a half years, and the people, the tenants that were there, had pretty much damaged the house sufficiently RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., (516) 727-3168 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 62 that I couldn't just paint it up and rerent it. I went to Mr. LeSard and said, "I want to put on an addition." And he was telling me all I have to do is apply for a site plan to change the usage of the building, which I find out now is incorrect, that I have to be here at the Zoning Board. So we went ahead and did the addition. I'm renting the building out again and I want to get permission to keep offices on the first floor. And I'll be going through the Planning Board for a site plan approval. MR. GOEHRINGER: How large is the apartment on the second floor? MR. GAMBONE: The liveable square footage is a little over 700 square feet. MR. GOEHRINGER: So there'd be a portion of the second story which will not be used for the accessory apartment? MR. GAMBONE: Right. MR. GOEHRINGER: What portion would that be, the front or the rear? 'MR. hallways. MR. GAMBONE: The stairwell and the GOEHRINGER: In the existing second RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., (516] 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 63 story area? MR. GAMBONE: Right. MR. GOEHRINGER: And again that would be toward basically what I'm looking at now, when I'm talking to you, it basically appears that most of the apartment is toward the west side and the rear of the structure? MR. GAMBONE: second floor, yes. MR. MR. Right. It's mainly the GOEHRINGER: The whole second floor? GAMBONE: Right. Minus the stairwell and hallway. MR. GOEHRINGER: And you'll be utilizing the existing stairwell rather than placing a new stairwell on the exterior of the dwelling? MR. GAMBONE: The existing stairwell, yes. There's no plan to build an exterior stairwell. The building was done with LeSard's approval in terms of fire code, so I have no doubt that They've already inspected We thank you very much. don't have any other questions, we'll see if that's going to pass. it. · MR. GOEHRINGER: I anybody else has any. RAM Court Reporting Service 216 Court St.,Riverhead~ N.Y., (516] 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. upstairs? MR. MR. MR. MR. SAWICKI: There's somebody living GAMBONE: SAWICKI: GAMBONE: GOEHRINGER: Yes. And the bottom is empty? The bottom is empty. Thank you very much. 64 Is there anybody else who would like to speak either in favor of this application or against? MR. BIDNOWSKI: My name is Wes Bidnowski, I'm the landowner to the immediate north of Jerry and Kes' property. I just want to say that I have no objection to their project. MR. GOEHRINGER: Thank you. Is there anybody else who would like to speak against the application? Hearing no further comments, I make a motion closing the Hearing reserving decision until later. MR. SAWICKI: Second. MR. GOEHRINGER: All in favor? THE BOARD: Aye. MR. GOEHRINGER: At the last meeting we close~ the recess Compass Transports Hearing which is 3872 so that we might have time to discuss the file with the town attorney. We have since RAM Court Reporting Service 216 Court St.,Rlverhead, N.Y., (516~ 72'~-3168 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 hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main goad, Southold, NY 11971, on TUESDAY, DECEMBER 19, 1989, at the following times: 7:30 p.m. Appl. No. 3870-- MATTHEW CUSUMANO· Variance to the Zoning Ordi- nance, Article XXIII, Section 100-239d, (Article IIIA, Section 100-30 A.3) as disapproved, for permission to construct a deck and other additions, proposed construction will be less than 75 ft. from water or wetlands and will have insufficient front and rear yard setbacks. Property Location: 435 Briarwood Lane, Cutchogue, County Tax Map No. 1000, Section 136, Block 01, Lot 01. 7:35 p.m. Appl. No. 3868-- NICHOLAS NICKOLAUS. Variance to the Zoning Ordi- nance, Article XXIII, Section 100-239d A, as disapproved, for permission to construct addition to existing one family dwelling and accessory building, propos- ed construction is less than 100 ft. from bluff ~f Sound in this R-80 Zone District. Property Location: 17555 Soundview Avenue, Southold, County Map No. 1000, Section 51, Block 1, Lot 2. 7:40 p.m. Appl. No. 3881- WARREN AUGENTHALER. Variance to the Zoning Ordiz nance, Article III, Section 100-33, for permission to con- stroct accessory building in~ fromyard area. Property Loca- tion: 7225 Nassau Point Road, Cutehogue~ County Tax Map No. 1000, Section 111, Block 15, Lot 12. 7:45 p.m. Appl. No. 3893-- MICHAEL AND CLAIRE GLEW. Variance to the Zoning Ordinance, 280-A Approval of Access Right-of-Way, (Article XXVIII, Section 100-281 B, construct a one family dwell- ing). Property Location: 61339 Main Road, Southold, County 'Ihx Map No. 1000, Section 56, Block 1, Lot 41. 7:5~m. Appl. No. 3873-- VIN~ALETILIC. Variance to the~ning Ordinance, Arti- cle III A, Section 100-30 A.3, for permission to construct a deck. addition, construction exceeds permitted lot coverage of this R-40 Zone District. Property Location: 780 Orchard Street and 1300-2nd Street, New Suf- folk, County ~ax Map No. 1000, Section 117, Block 7, LOt 22. 7:55 p.m. Appl. No. 3879-- CHARLES MALONE· Variance to the Zoning Ordi- nance, Article XXIII, Section 100-230C (I), 100-231 A., for permission to construct a 6 ft. fence in frontyanl area, fence ex, eeeds 4 ft. in height. Property, Location: 358 North Sea Drive, Southold, County Tax Map No. 1000, Section 54, Block 5, Lot 19. 8:00 p.m. Appl. No. 3886-- ROBERT STAPLES. Variance to the Zoning Ordinance, Arti- cle XXlll, Section 100-239d (C), for permission to construct a new dwelling adjacent to fresh- water wetlands in this R-40 Zone district, proposed dwelling will be closer than 75 ft. from fresh- water wetland. Property Loca-~ tion: 785 Wilmarth Avenue, Greenport, County Tax Map No. 1000, Section 41, Block 1, Lot 7. 8:05 p.m. Appl. No, 3894-- JOSEPH AND LAWRENCE PEARLSTEIN. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B, for permission to construct deck addition with insufficient front yard setback. Property Location 2225 North Sea Drive, Southold, County Tax Map No. 1000, Sec- tion 54, Block 04. Lot 23. 8:10 p.m. Appl. No. 3892-- ANTHONY BOLLETINO. Variance to the Zoning Ordi- nance, Article III, Section 100-33, for permission to con- struct an accessory shed and gazebo in front yard area. Pro- petty Location: 16705 Main Road, Route 25, East Marion, County Tax Map No. 1000, Sec- tion 23, Block 1, LOt 14.6. 8:15 p.m. Appl. No. 3888-- ERNEST TARMIN. Variance to area. Property Location: 1019 Private Road #7 Fords Road, Southold, County Tax Map No: 1000, Section 87, Block 1, LOt 18.4. 8:25 p.m. Appl. No. 3891- ELIZABETH JOHNSTON. Variaoce to the Zoning Ordi- nance, Article III, Section 100-32.4 (A), for permission to construct a lap pool, accessory pools not permitted in frontyard area. Property Location: Row off Oregon Road, Cutchogue, County Tax Map No. 1000, Sec- tion 073, Block 02, Lot 01. 8:30 p.m. Appl. No. 3884-- DICKINSON/THOMPSON. Variance to the Zoning Ordi- nance~ Article I, Section 106-20, (Article III, Section 100-32), for approval of insufficient area in this pending division of land and Bulk and Parking regula- tions. Property Location: Main Bayview Road, Southold, Coun- ty Tax Map No. 1000, Section 078, Block 09, Lot 30. 8:35 p.m. Appl. No. 3889-- TIMOTHY AND GEORGE WELLS. Variance to the Zoning Ordinance, Article III A, Sec- tion 100-30 A.3, Bulk and Park- ing Regulations, (Article I, Sec- tion 106-20), for approval of in- sufficient area in this pending division of land. Property Loca- tion: South Harbor Road, Southold, County Tax Map No. 1000, Section 075, Block 07, Lot 1·3, 1.4, 1.5. 8:40 p.m. Appl. No. 3890-~ WALTER GLASSER. Special' Exception to the Zoning Ordi-' nance. Article IX, Section' 100-91, for permission for' change of use from Place of Worship to Office/Apartment. Property Location: 475 Beck-. with Avenue, Southold, Coun~ ty Tax Map No. 1000, Section 061, Block 1, Lot 25. 8:45 p.m. Appl. No. 3882-- BIDWELL WINERIES. Special Exception to the Zoning Ordi: nance, Article III, Section 100-30, for approval of con-~ sumer tasting and retail sales from the Winery. Property the Zoning Ordinance, Article Location: Route 48, Cutchogue, 1II, Section 100-33, for permis- C. oanty Tax Map No. 1000, Sec- tlon 96, Bock 4, Lot 4 3 sion to construct Accessories; ' ' ~'l 50 pm Appl No 3896 pool, tennis court and shed in /'~: .... -- JERRY GAMBONE AND KES front yard area. Property Loca- /~EJ . . S ZAPKUS Special Exception to tion: 29823 Row off Main Road, ~.~h~ ' o c~r;,.,,* c',,.,~t., Tax Ma- No k, the Zoning ordinance, Article tv/~" ~,--'~;~'~"l'a . n,-t- ~ 1 ,~; IIX, Section 100-91 for permis- i.10-- .................... : to have Office/Retail( 8'20 p m Appl No 3887 / business on first floor and resi- MXRK 'A~ID ELLI~ GO~-' / den, rial rental apartment on sec- · . ' ond floor Property Location- DON. Variance to the Zomng · [ one . i: 55415 Main Road, Southold, Ordinance, Article II1, Section [ 554 ' 100-33, for permission to con- ~ County Tax Map No. 1000, Sec- tion 62, Block 1, Lot 12 struct a tennis court in ffontyard "~y · - 8:55 p.m. Appl. No. 3872-- COMPASS TRANSPORTS. Resolution to conclude hearing in its entirety. 8:55 p.m. Appl. No. 3770-- PORT OF EGYPT. Proposed motion of the Board to re-open said hearing closed on Novem- ber 8, 1989. The Board of Appeals will at said time and place hear any and all persons or representatives de- siring to be heard in each of the above matters. Written eom- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allot- ted. Additional time for your presentation will be available, if needed. For more information, please eau 765-1809. Dated December 4, 1989· BY ORDER OF THE SOUTHOLD TOWN BOARD . OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda IX, 12/7/89 (10) NOTICE OF HEARINGS NOTICE 1S HEREBY OIVEN, pursuant ~o SeOion 26'/of the Town Law and the Code of the Town of Sm]timid, the feflowlns heafin~s will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Resuinr Mee6ns, at the Sontheld Town Hall Main Road, SomimM, NY 11971. on TUESDAY, DECEMBER 19, 1989, at the fdinwlns 6roes: 7:30 p.m. Appl, No. 3870 -- MATFHEW CUSUMANO. Vatiance to the Ze~ins Ordimmce, Article xxn~, Section 100-239d, (A~i¢le ILIA, Se. eden 100-30 A.3) as disap- proved, for permission to ce~gm~ct a deck and od~r additions, proposed constmctinn will be less than 75 ft. fmm water m' weilands and will be~ insufficient from and ~ear y~ud set- becks. Pro~y Loc~tion: 435 Briar- wood Lane, Cutcbegue, Co~mty Tax Map No. 1000, Section 136, Block 01, Let 01. 7'05 p.m. Appl. No. 3868 -- NI- CHOLAS NICKOLAUS. Vs~innce to the Zordn8 Ordinance, Afliclc ~ Scion 100-239d A, as disapj~oved, for pcnnissinn to cot3st~ct edditlon to e~tisting one family dwellins and aec~ssmy Imildins, proposed con- stmctlon is less than 100 ft. from bluff of Sound in this R-80 Zone DiatricL Pros~fly Location: 17555 Soundvlew Avenue, Southold, Coonty Tax Map No, 1000, Section 51, Block 1, Lot 2. 7:40 p.m, AppI, No. 3881 -- WARRI~ AUOENTHALER. Vati- I~ Section 100-33, for pen~ssinn to 7:45 p.m. Appt. No. 3893 -- MInitEL AND CLAIRE GLEW. V~ to the Zoning Ordinance, 28(~lSApprowl of Access lUght-of* Way, (Amcle XXVHI, Section 100- 281 B, ce~ttroct a one family dw¢lUflg), property Location: 61339 Main Road, Southold, County Tax Map No. 1000, Seoion 56, Block 1, Lot 41. 7:50 p.m. AppL No. 3873 -- VllhTKO NALETH.IC. Variance to the Zoning Ordinance, Afllclc Ill A, Sec- tion 100-30 A.0, for permission U) construct a deck addition, Property Location: 780 O~.hnsd Su~t 7:55 p.m. AppL No. 3879 -- Section 100-230C (I), 100-231 A.. Count,/Tax Mai) No. 1000, Section Section 100-239d (C), for permission to consuuct a new dwelli~ adjacent JOSEPH AND LAWRENCE PEARI. SI'~=J~. Va~nce to the Zon- ins Orc~ance, Anicl= XXI~, Section Section 100-32.4 (A), for permission Properly Location: Row off Oregon regulations. Properly Lo.finn: Main 8:35 p.m. AppL No. 3889 -- TI- MOTHY AND GEORGE WELLS. Variance to the Zoning Ordinance, (Article I, Section 106-20), for ap- yard area. Properly Location: 7225 ANTHONY BOLLETINO. Variance Location: South Harbor Road, Nassau Point ]Road, Cutchogue, to the Zoning Ord~mmce, ArficlelII, Southold, County Tax Map No. County Tax M*b No. 1000, Section Section 100-33~ Y6r-pcrmissiofi i~ I000, Section 075, Block 07~ Ldt III, Bloc& 15,[.m 12. construct an accessory shed and 1.3, 1.4, 1.5. ~4 sq Patricia Heaney 8:40 p.m. AppL No. 3890 -- WALTER GLASSER. Special Ex- cep~on to the Zot~ng Ordinance, Ar- tide IX, Section 100-91, for pgrmis- sica~ for change of usc from Place of Wmthip to Office/Apamncnt. Prop- e~y Location: 475 Beckwith Avenue, Southold, County Tax Map No. 1000, Section 061, Block I, Los 25. 8:45 p.m. Appl. No. 3882 -- BIDWELL WI~ ER1ES. Special celXlm to the Zo~ng Ordinance, Ar- tick;l~ Section 100-30, for apparel of consumer u~sting ~nd retail sales Home 48. Cutchogue. County Tax M~p No. 1000, Section 96, Block 4. L~t 4'0. ' /~ 8;50 p.m. AppL No. 3896 -- ! JERRY GAMBONE AND KES / ZAPKUS. Special Excep6on to the /.~ Z~ins Ordinance, Artic!e IX. Sec- ~ tion 100-91, for I~rmlss~o~ to have ~ OfficeTR~il business on first floor ~ and residential r~nl~l apartment on ~ecoed floor, Properly Location: 55415 M~in Ro~d, Southold. County T~x Map No, 1000, Section 62, ~Elock I, Lot 12. ~ S;55 D,m, Appl. No. 3872 ~/ ~'COMPASS TRANSPORTS. Reso- lution to couclude he. ring in il~ timty, 8:55 p.m. ApgL No. 3770 -- PORT OF EGYPT. Proposed motion of the B~rd to Ic~m sdid hc~ring ~ closed on Nove~nber 8, 1989. Tbe Bo~nt of Al~ls will at ~id time ~nd phc~ he~r ~ny and ~11 per- sore or r~Dr~sentatives desiring to be heard in each of the above ma~ers. Wfi~n camm~ms may elso be sub- miUed p~4or to the concinsion of the subject hearing, Each h~rins will not staff before time allotted. Additional time f(x your w~.U be available, if needed. For m~ information, please call 765-1809. ~ Dcccmbcl- 4, 1989. EY OR~ER OF THE SOUTHOLD TOWN BOARD OF APPEALS of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks successively, oommencing on the ?'ch day of December 1989 Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEF~ONE (516) 765-1809 FAX NO. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your 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 times allotted in the attached Legal Notice. Please feel free tQ call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, dff GERARD P. GOEHRINGER CHAIRMAN JUDITH T. TERRY To: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zoning Board of Appeals Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 From: Judith T. Terry, Southoid Town Clerk Dated: November 30,1989 Transmitted herewith is Zoning Appeal No. 3896 application of Jerry Gambone & Kes Zapkus for a Special Exception. Also included is Notification to Adjacent Property Owners; Short Environmental Assessment Form; Certificate of Occupancy for Non-conforming Premises; survey of property; and any other attachments relative to this application. Judith T. Terry ~' Southold Town Clerk APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I./N.Y: 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 December 19, TYPE II ACTION DECLARATION 1989 Appeal No. 3896 Project/Applicants: County Tax Map No. Location of Project: Jerry Gambone and Kes Zapkus 1000-62-1-12 55415 Main Road, Southold', NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to have Office/Retail business of first floor and residential rental apartment on the second floor 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. 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) 765-1809. mc Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depic% these areas on your survey (or certified sketch), to scale, and sub,it other supporting documenta- tion. ~ l. Are there any proposals to chang~ or alter land contours? 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) b)Are there any areas open to a waterway without bulkhead? 3. Are there existing structures at or below ground level, such as patios, foundations~ etc? 4. Are there any existinq or proposed fences, concrete barriers, deck~, etc? Se If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground 1-~17 State total: .... ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: .... ft. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Are there any building permits Pending on this parcel (or abutting land under your ownership, if any)? State Permit ~ and Nature: Yes Yes ~ Yes xo xo Yes ~ Yes ~ Yes ~ Yes ~ Do state whether or not applications are. pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health De.oartment Village of Greenport N.Y.S.D.E.C. Other 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from cqnt~act) 11. Is new construction proposed in the area of contours at 5 feet or less as exists? 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have · you made application to the Town Trustees for an 'inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes Yes Yes Yes (~ Yes ~ Yes Yes Yes Yes ~ 13. Please list present use or operations conducted upon the subject property at this time~o~_ and proposed ~c~.~Oe~ Please submit photographs ~or I certify that the above statements are true and are being submitted for reliance by the Board of Appeals in considering my application. 1/88 WETLANID,q [Amended H-'2~.7~; hy L.L. No. Z-1.97~: A. TIDAL W~TLANDS: (1) All landp ~enernlly cnvm'.d or intcrmittvntly ~'~v. ered with, ar which bord.r an, tidal wall r: or Jand.; lying beneatJl tidal waters, which at mean Iow thle . are covered by tidal wnter~ to a maximom depth of five (5) feet, iflcJlalin~ but not limited to bank~;. bo~s. salt marsh. Swamps. meml~v~, flat~ or other Iow lying land~ subject to tidal action: (2) All banks, bogs, meadows, flats :md tidal mam;h subject ~ ~uch tides al~d upon which grows or may grow some or any of tim ffllowin~: sak bay. black grass, saltwort, sea lavender, tall cord~r:~ss, high bush. cattails, ~roundsel. marshmallow and low march cord~r~ss; and/or (8) All land immediately adjacent to a tidal wet]and as defined in Subsection At21 and lyin~ within seven- fy-five (75) feet ]amlward of the most landward edge of such a tidal wetland. FRESIIWATER WETLANDS: (1) 'Freshwa~r wetlands" as defined tn Article 2.L Ti- tle I, ~ ~4-0107, Subdivisions l(a) ~ l(d) inclusive. of the Environmental Conservation Law of the Sta~ of New York: and (2) Ail land immediately adiacent ~ a "freshw;~ter wet- ~and," as defined in Subsection ~I) and lyJn~ wit}i. In seventy.five (75) feet landward of the most land- ward edge of a "h'eshxvater wetland." 9705 617.21 ~ Appendix Cv Slate Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM SEQR For UNLISTED ACTIONs Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME ;3. PROJECT I O Ne. O Exoanston ~odificatlon/alte,auo, acte~ 8. WILL PROPOSED ACTION COMPLy WITH EXISTING ZONING OR OTHER EXlSTIN-G LAND USE RESTRiCTiONS? [] NO If NO. describe briery 9. VIHAT IS PRESENT L~iqD USE IN VlClNl];y OF PROJECT? Describe: ,o. OOE, AOT,0N ,NVOLVE A RERM,,' APPRQVA,.. OR ,.,NO,.G. NOW O."-"LT'"'ATEL'" F?oM AN', O'"HER GGVERN'.,E,,AL A~E,,,Oy ,'E0~A. STATE OR LOCAL)7 [] Yes ~'4~o If yes. llsl agency(s) and permit/approvals DOES ANY ASPECT CF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAl.? 12, AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE ~',tOOlFICAT ON? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TQ THE BEST OF MY KNOWLEDGE ~a. and you are a state~ · · u y, complete the L Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) The N.¥.S' Environmental Quality Review Act re~Ulres before any action is taken, tnl~ ~oard ~HORT ZNVIRO~MENTALASSES~ENT ~NSTRUC~IONS: (a) £~order to answer the questions in this short EAF it is assumed that the preparer will use CUrrently available information COncernin~ the prelect and the likely impacts of the action. It is not expected that additional studies, research or other investigations will b~ undertaken. (b) If any question has been answered Yes the project may be sig- (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 uhysical change to the project site or physi6al~y alter more than 10 acres of land? 2.Will there be a major change to any Unique or Unusual land form on the site? 3.Will project alter or have a large effect on -- a~ exlsting body of water? 4. Will project have a Potentially large, imuact on groundwater quality? 5. Will project significantly effect drainage flow on adjacent sites? 6.Will project affect any threatened or endangered plant or animal species? 7. Will project result in a major adverse effect on air quality? 8. Will project have a major effect on visual char- known to be important to the community? Yes 9. Will project adversel~ impact any site or struct- ure of historic, pre-historic, or paleontologi=al, importance or any site designated as a critical env~rcnmental area by a local agency? .___Yes ,~No 10. Will project have a m~jor effect on existinq or future recreational opportunities? 11. Will project result in major traffic problems or cause a ma]or effect to existing transportatioa 12. Will project regularly Cause objectionable odors, ance as a result of the pro]ect.s operation? ~Yes 13. Will PrOject have any impact on public health or safety? 14. Will PrO)oct affect the existing community b~ directly causznq a growth in permanent popula- period or have a major negative effect on the charact~ of the com~aunity or neighborhood? 15. Is there public controveru~ Concerning the ~reparer,s Si~nature:,~j~. ~_Yes BUILDING INSPEC~ TOWN ItALL ' ' ' SOUTttOLD· NEW YORK CERTIFICATE OF OCCUPANCY NONCONFORMING PREMISES THIS IS TO CERTIFY that the //~./ Land / .Building(s) ~-I Users) Pre C.O. ~- Z13962 Date- Oc%. 25.1985 located at 55415 Kain Rd. Southold Street Hamlet shown on County tax map as District 1000, Section 062 · Block O1 Lot ...012 0 does~not~onform to the present Building Zone Code of the Tewn of Southold for the followh~g reasons:.' Insufficient total area. Insufficient side and rear setbacks on accessory garage. On the basis of information presented to ~he Building Inspector's Office,' it has been determined that the above nonconforming /~_X/Land /~/Building(s) /_--/Use(s) ~xisted on the effective date the present Building Zone Code of .the Town of Southold· and may be continued pursuant to and subject to the appl'i- cable provisions of said Code. IT IS FURTHER CI~.R .TIFIED that· based upon irdormation presented to, the.Building Inspector's'Off/ce, the occupancy and use for which this Certifi- cate is issued is as follows: t~roperty contains a two story, one family, wood framed dwellinq situated in the B-1 Zone with two car garage with - access to Main Rd. (Rt 25) a state maintained road. The Certificate is issued to of the aforesaid building. THOMPSON, ELIZABETH Suffolk County Department of Healih Approval N/A UNDER~q%ITE/~S CERTIFICATE NO. N/A NOTICE IS HEREBY GIVEN that the owner of the above premises PL&S. NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine ff the premises comply with al! applicable codes and ordin- ances, other ihan the Building Zone Code, and therefore, no such inspection has been.conducted. This Certificate, therefore· does not,. and is not intended to certify that the premises comply with all other applicable codes and regula- tions. FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-17910 Date MARCH 30~ 1989 THIS CERTIFIES that the building. Location of Property 55415 MAIN ROAD House No. County Tax Map No. 1000 Section 62 Subdivision ADDITION SOUTHOLD~ NEW YORK Street Block 1 Lot Filed Map No. Lot No. Hamlet 12 conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY 23~ 1988 pursuant to which Building Permit No. 17075-Z .dated JUNE 8~ 1988 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ADDITION TO EXISTING ONE FAMILY DWELLING AS APpT.I~n FOR The certificate is issued to JERRY GAMBONE & KESTUTIS ZAPKUS (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N-051524-DECEMBER 22~ 1988 PLUMBERS CERTIFICATION DATED 3/16/1989-INNOVATIONS PLUMBING & ~F. ATING ilding Inspector Rev. 1/81 WCB2 DISTRICT 1000 BLOCK 01.00 LOT 012.000 CONSULT YOUR LAWYER BEFOR~ SIGNING THIS INSTRUMENT THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY , ,9944 AGE THIS INDEHTURFq made the 1st ~ November , nineteen hundred and eighty-five ELIZABETH T. THOMPSON, residing at (No#) Main Road, Southold, New York 11971, as surviving tenant by the entirety, party of the first part, and KESTUTIS E. ZAPKUS and GERALD R. GAMBONE, both residing at 4860 Rocky Point Road, East Marion, New York 11939/ ~ f~/~/~- party of the second part, ~ll~r~H~ that the party of the first part, in conside~tion of Ten Dollars and other valuable conslder~ion p~d by the party of the ~cond part, does hereby grant and release unto the party of the second p~rt, the h~rs or succ~sor~ and assigns of the party of the se~nd part for~er, ' bl~. that certain plot, pi~e or parcel of land, ~th ~e b~l~ngs and improvem~ ~ereon erectS, sit~, lying ~dbe~nginthe in the Village and Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a concrete monument set on the northerly line of Main (State) Road at the southeasterly corner of the premises herein described and being the southwesterly corner of land of Stel~r (formerly of Faulkner), said point also being 190 feet westerly from the intersection of the westerly side of Boisseau Avenue, with the northerly side of Main Road; RUNNING THENCE from said point of beginning along said northerly line of Main Road, two courses, as follows: 1. South 77 degrees 57 minutes 40 seconds West 66.15 feet; 2. South 73 degrees 40 minutes 10 seconds West 8.85 feet to land of Southold Fire District; THENCE along said land of Southold Fire District North 11 degrees 23 minutes West 179.78 feet to land of Carey (formerly Bednoski); THENCE along said land of Carey North 75 degrees 39 minutes 40 seconds East 75.0 feet to said land of Stelzer; THENCE along said land of Stelzer South 11 degrees 24 minutes 20 seconds East 182.12 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the grantor herein by Deed Dated June 30, 1948 and recorded in the Suffolk County Clerk's Office on July 2, 1948 in Liber 2844, page 57. TOGETItER with all right, title and interest, if any, of the party of the first part in and to any stre~s and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of thc first par~ covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party o~ the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for ~he purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the sarae for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNF..~ WHF. RI~OF, the party of the first part has duly executed this deed the day and year first above written. ': ... EliZabeth T. Thc~ps6n STATE O~ NEW YORK, COUNTy OF Suffo-l__k On ~e ~t ~y o[ No~ 19 85 , ~fore me ~on~ly ~e Eliz~ T. to me ~ow. to ~ the individ~l 4~cri~d~'m~ who execut~ the fore~oln~ instrument, and a~nowl~ged On ~e day of 19 , before me ~rsonally ~m~ to me kno~, who, being by me duly sworn, did de.se and say ~t h~ r~ides at No. m t~t he is ~ of , the ~ration desc~d in ~d which ex~ut~ the foregoi~ instrument; that he ~ows the s~l of ~id co.ration; t~t the s~l affixed to ~id inst~ment is sue~. co.rate s~l; that it was so affix~ by order o~ the ~rd o~ dare.ors of ~d co~ora- ~on, ~d t~t he si~ h nme ther~o by ~ke order. STATE OF NEW YORK, COUNTY OF ss: On the day of 19 . before me personally came to me known to be the individual described in and who ex~,,,.d the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK,.COUNTY OF ss: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally ~quainted, who, being by me duly sworn, did depose and say that he resides at No. ; that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. WI'IH COVENANT AGAINST ~AN'IO~'S AC'IS COUNTY OR TOWN TO Zapkus/GambDne " II IA'].ll TITLE INSURANCE 127 W. Main Str~R Rh~effleed, N.Y. 11901 Return to: Rec-2 ~, .~ecorded At Request of '~d~kTitie Insurance Company of New York ' J. Tedeschi, Esq. 218 Front Street Greenport, New York 11944 4860 Rocky Point Road East Marion, N.Y. 11939 November, 29, 1989 Southold Town Board of Appeals Town Hall Main Road Southold, 11971 Attn: Mr. Gerard P. Goehringer, Chairman Re: Application for Special Exception for Gambone/ Zapkus SCTM~ 1000 -62 1 12 Dear Mr. Goehringer: We have been advised by Mr. Bob Kassner, of the Planning Board Office, and Mr. Victor Lessard, of the Building Department, to apply for a Special Exception for permission to have an apartment over office space or a retail store in the Hamlet Business District. Mr. Kassner has reviewed our preliminary site plan and based on his comments, we will be submitting a formal Site Plan Application to the Planning Board for approval to change the usage of the first floor of our residential building to business or professional offices or a retail store. In support of our application for Special Exception, enclosed you will find the following documents: 1) three - notarized copies of the completed Application. 2) one - notarized copy of the Adjoining Property Owners Form (completed as sent out to neighbors with an attached copy of the property's survey) with Certified Mail Receipts. 3) one - completed Environmental Assessment Form (Short). 4) one - completed ZBA Questionnaire. 5) one - copy of the C of O (non-conforming premises, dated 10/25/85). 6) one - copy of the C of 0 (addition, dated 3/30/89). 7) four - original prints, architect stamped, which includes the existing site plan, building's floor plan, etc. 8) a $150.00 filing fee (our check ~ 593) payable to the Southold Town Clerk. 9) one - copy of our Deed to the property Sincerely Yours, Kes Zapkus cc: Bob Kassner, Planning Board Office Victor Lessard, Building Department R-80 A-C /' / / / / I \ \ \ \ \ APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN 'CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I.,'N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 / ACTION OF THE BOARD OF APPEALS Appl. No. 3896 Matter of JERRY GAMBONE AND KES ZAPKUS. special Exception to the Zoning Ordinance, Article IX, Section 100-91, for permission to have Office/Retail business on first floor and residential rental apartment on second floor. Property Location: 55415 Main Road, Southold, County Tax map No. 1000, Section 62, Block 1, Lot 12. WHEREAS, a public hearing was held and concluded on December 19, 1989 in the matter of the Application of JERRY GAMBONE AND KES ZAPKUS under Appeal No. 3896; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning,' and the surrounding area; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the north side of Main Road, Route 25, Hamlet of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 62, Block 1, Lot 12. 2. This is an application for Special Exception from the Zoning Code Article IX, Section 100-91, for permission to have Office/Retail business on first floor and residential rental apartment on second floor. t Page 2 - Appl. No. ~896 Matter of JERRY GAMBONE AND KES ZAPKUS Decision rendered January 9, 1990 3. Article IX, Section 100-91, in the HB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses. 4. In considering this application, the Board finds and determines; (a) that there is no other method for appellants to pursue; and changes or alterations on the premises will require a Special Exception. (b) that the Special Exception will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience, and/or order of the Town; (c) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the Special Exception, as applied conditionally noted below. Accordingly on motion by Mr. Dinizio, Seconded by Mr. Goehringer, it was RESOLVED, to GRANT a Special Exception in the matter of the application of JERRY GAMBONE AND KES ZAPKUS under Appeal No. 3896, SUBJECT TO THE FOLLOWING CONDITIONS: That there only be cooking facilities for one apartment. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Dinizio (Absent Joseph Sawicki). This resolution was duly adopted. df GERARD P. GOEHRINGE~//~IRMAN BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : Jerry Gambone &Kes Zapkus : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 55415 M=_in 3. That the property which is the subiect of such Petition is located in the following zoning district: HB (Hamlet Business District) 4 1hat hs such Pelition, the undersigned will request the following relief: Permission to have business or professional offices on the first floor, under a residential rental apartment on the second floor. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article IX Section 10.0 - ql, B4 [ ] Section 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 examine the same during regular office hours. (5'16) '7~5-'1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: N'nv_ 97: I qRq F~tioner (/.) [! uwners~NameG:_J=rry ~nmhnn~ F,, ~ Zapkus Post Office Address 4860 ~oaky Po~n~ Road East Marion, N.Y. 11939 Tel. No. ( 516 ) 477 - 1341 [Copy of sketch or plan showing proposal to be purposes.] NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Wesley Bednoski, Jr. 340 Soundview Avenue Southold, N.Y. 11971 Edwin A. Tonyes & others Jockey Creek Drive Southold, N.Y. 11971 Southold Fire Department Main Road Southold, N.Y. 11971 P 736 529 343 RECEIPT FOR CERTIFIED MAIL NO iNSURANCE COVERAGE PROVIDED (See Reverse) Certified Fee Special Delivery Fee Re~urn Receipt showing to whom and Date Delivered Post~rk~r Da e STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ~%~ ~ ~ t ~'~ ~ , be ng duly sworn, deposes and says that on ~he ~ day of ~6~%~ ,19 ~ , 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 name; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at ~~ ; that said Notices were mailed to each of said persons by (certified) ~,~aL;.,.~) mail. Sworn to before me this ~ ~-~ day of~_, ~,.~--~--~; ~--(~- , 19. ~ ~/ f / ~/ Notary Public (This side does not have to be completed on form transmitted to adjoining property owners.) ',% .-4 dr~ O 0 0 .I