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3976
APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki 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 Application No. 3976 - THOMAS AND MARION SANTACROCE. Special Exception to the Zoning Ordinance, Article III, Section 100-31(C)(9)(E) for permission to construct off-premises ground sign to advertise for business purposes. Location of Property for Sign: Southeast Corner of Shipyard Lane and the Main Road, East Marion, NY; County Tax Map Parcel No. 1000-38-1-1.2. WHEREAS, a public hearing was held and concluded on Novem- ber 1, 1990, and all persons 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; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following findings of fact: 1. This is an application for a Special Exception as referred by the written notice from the Building Inspector for a permit to construct "off-premises ground sign" under Article III, Section 100-31(C)9(E) of the Zoning Code. The sign Page 2 - Appl. No. 3976 Decision Rendered November 15, Southold Town Board of Appeals 1990 is proposed to be 23" by 46" and would read: Lighthouse Security Inc. Burglar and Fire Alarms 24-Hr. Central Monitoring Licensed 727-2728 Insured .... " 2. The premises in question consists of .632 of an acre and is a corner lot with frontage along two streets: (a) State Route 25 to the north, and (b) Shipyard Lane to the west, at East Marion, Town of Southold. 3. The subject premises is located in the R-40 Low- Density Residential Zone District. 4. On May 5, 1966, and again on March 22, 1979, the Board of Appeals established guidelines and principles governing signs not specifically covered in the Zoning Ordinance; and in order to assist the travelling public and in the interest of traffic safety, the Board established the following types of activities for which a reasonable number of off-premises signs, directional only, may be conditionally granted for a limited time period: a. Motels, hotels, tourist houses b. Restaurants and eating places c. Churches d. Ferries, transportation e. Subdivision/development signs f. Shopping centers or business g. Amusement areas h. Civic activities i. Federal, State, County,Town owned signs. 5. It is the position of the Board the sign, as proposed, for advertising purposes rather than directional does not meet the requirements established above and as required by law for Special Exception approval. Page 3 - Appl. No. 3976 Decision Rendered November 15, Southold Town Board of Appeals 1990 6. Also in considering this application, the Board finds and determines: (a) the use of this sign is not within the best interests of the general public or residents; (b) this proposal could in effect alter the essential character of the property or neighborhood in this zoning district and set a precedent for others; (c) the grant of this special excep- tion as applied will not be in harmony with or promote the general purposes and intent of zoning. 7. The Board has considered subsections (a) through (p) of Article XXVI, Section 100-264 of the Zoning Code in making this determination. Accordingly, on motion by Mr. Goehringer, seconded by Messrs. Doyen and Dinizio, it was RESOLVED, to DENY a Special Exception as applied in the Matter of THOMAS AND MARION SANTACROCE under Application No. 3976. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio. (Member Sawicki and Member Grigonis were (out-of-state). This resolution was duly adopted. Doyen and absent lk RECEIVED AND FILED BY TP.E SOUTiiOLD TOV/N CL~'IK Town Clerk Town of Southold APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE 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 Road, Southold, NY 11971, on THURSDAY, NOVEMBER 1, 1990, at the following times: 7:30 p.m. Appl. No. 3969 - ANDREW BURKARD. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct two-foot extention of garage attached to dwelling with an insufficient front yard setback. Zone District: R-40. Location of Property: 370 Uhl Lane, Orient, NY; Orient-By-The-Sea Subdivision Lot No. 167, Section Three, Map 6160; 1000-15-5-24.13. 7:35 p.m. Appl. No. 3974 - DONALD L. OSANI (for GEORGE BRUDERMANN JR., Owner). Variance to the Zoning Ordinance, Article IIIA, Section 100-30a.3 for approval of re-separation into two separate parcels as shown by separate deed conveyances, Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 each lot having insufficient area and proposed construction to meet setback requirements for this R-40 Zone District. Location of Property: North Side of Bayview Road and the West Side of Reydon Drive, Southold, NY; County Tax Map Parcel Nos. 1000-79-5-10 and 11. 7:40 p.m. Appl. No. 3980 - VIRGINIA OLGA LEE. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for approval of deck addition to dwelling with an insufficient sideyard setback and reduced front yard setback. Lot area is nonconforming is this R-40 Zone District. Location of Property: 1455 Cedar Beach Road East, Southold, NY; County Tax Map Parcel No. 1000-92-1-4. 7:45 p.m. Appl. No. 3978 - DONALD & DOROTHY SWAHN. Variances to the Zoning Ordinance, Article III, Section 100-32 and Article XXIII, Section 100-239 for approval of insufficient lot area and width (frontage) of two proposed parcels, each with an existing dwelling, in this pending division of land. Zone District: R-40. Location of Property: South Side of Park Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-123-8-8. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 7:50 p.m. Appl. the Zoning Ordinance, XXVIII, Section 281, No. 3971 - VALERIE M. KRAMER. Variance to Article XXIII, Section 239.4B and Article for permission to construct new dwelling structure with an insufficient setback from existing bulkhead and from the easterly (front) property line along Manhanset Avenue. Lot area of parcel is nonconforming in this R-40 Zone District. Location of Property: 730 Robinson Road and 980 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-34-5-20. /~ 7.55 p.m. Appl. No. 3976 - THOMAS AND MARIAN SANTACROCE. ~ Special Exception to the Zoning Ordinance, Article III, Section 170-31(9)(E) for permission to construct off-premises ground sign to advertise for business purposes. Location of Property for Sign: Southeast corner of Shipyard Lane and the Main Road, East Marion, NY; County Tax Map Parcel No. 1000-38-1-1.2. ~/ 8:00 p.m. Appl. No. 3972 - PETROL STATION LTD. Variance to the Zoning Ordinance, Article VII, Section 100-72 for approval of proposed Lot #4 which will have insufficient area in this Residential-Office (RO) Zone District. Location of Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 property: North Side of the Main Road (265+- feet west of Alvah's Lane), Cutchogue, NY; County Tax Map Parcel No. i000-109-1-23 8:05 p.m. Appl. No. 3977 - BE'~'l'f J. COPIN. Variance to the Zoning Ordinance, Article III, Section 100-33B(4) for permission to locate accessory (garage) building partly in the side yard and rear yard with a setback at less than the required 20 feet from the southerly property line. The lot area of this parcel is nonconforming at 40,000 sq. ft. in this R-80 Zone District. Location of Property: 2195 Albertson Lane, Arshamomaque, Greenport, NY; County Tax Map Parcel No. 1000-52-5-54. 8:15 p.m. Appl. No. 3979 - THOMAS J. GORMAN. Variances to the Zoning Ordinance, Article III, Section 100-33 for approval of location of two accessory (storage) buildings in the front yard, as exist. The lot area of this parcel is nonconforming in this R-80 Zone District. Location of Property: 18 Crescent Drive, Mattituck, NY; County Tax Map Parcel No. 1000-121-4-23. 8:25 p.m. Appl. No. 3968 - IRENE R. MILLER. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, and Article XXIII, Section 100-239.4A for permission to locate Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 proposed dwelling structure with a setback of less than 100 feet from the top of the highest point (top of bluff) on this 42,930 sq. ft. parcel. The parcel in question is nonconforming as to lot width (frontage) of less than the required 150 feet in this R-40 Zone District. Location of Property: Lake View Avenue (127+- feet southwest of Huntington Boulevard, a private road), Southold, NY; County Tax Map Parcel No. 1000-68-3-10. 8:35 p.m. Appl. No. 3975 - ARTHUR G. CARLSON. Interpretation and Variance to the Zoning Ordinance, Article III, Section 100-30 (as disapproved by the Building Inspector) for approval of mariculture uses to include delivery and storing of seafood, packaging, freezing and/or preparation of raw or cooked seafood (processing) for shipping and/or sales for off-premises consumption. Zone District: Conservation (AC). Location of Property: Southold, NY; County Tax Map Parcel No. Agricultural- 1575 Lower Road, 1000-69-5-13.2. 8:45 p.m. Appl. No. 3788 - SUN REFINING & MARKETING. Variances to the Zoning Ordinance, Article X, Sections 100-102: (1) for permission to establish convenience store use in conjunction with and accessory to the existing gasoline station use on this substandard parcel which contains less than 30,000 sq. ft. in lot area for each use, and (2) for interpretation as to height limitation of accessory (canopy) structure. Location Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 of Property: Corner of the Easterly Side of Factory Avenue and Northerly Side of the Main Road, Mattituck, NY; 1000-142-1-27. Matters Recessed from September 26, 1990: 9:00 p.m. Appl. No. 3955 AURICCHIO. 9:10 p.m. Appl. No. 3938 - DOMINICK SBLENDIDO & A. - VILLAGE MARINE. 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: October 17, 1990. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Copies to the following on or about October 19, 1990: Suffolk Times, Inc. L.I. Traveler-Watchman Town Clerk Bulletin Board (Main Lobby) ZBA Board Members (with file copies) ZBA Individual Files FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL · .-5.~ ~ q...~..~..&.: ............... · .~ ~.~.....~. ~.. ~. :.~.: ....... PLEASE TAKE NOTICE that your application dated ..... .~....d.,2~4~....~.~ ......... 19 for permit to ~'~M6..e,-.~'...0-.}~.. ?~...~~./.~..~,..~?. ............. at Location of Property ,,o~,~ County Tax Map No. 1000 Section .... ~ .~ .~. .... Block .... .~) ....... Lot .. I: ..m~. ....... Subdivision ................. Filed Map No. : ............... Lot No .................. is returned herewith and disapproved on the following grounds .0~..'.e~....~..~.~../~.'. ~ (e~. ~'3 .~: .-e. ~..~,.. ~~.. ~...~v,...'.~.....¢a~.~ ~..4~. :~,- RV 1/80 GOWN SOUifi . mYi RK APPLICATION EOR SPECIAL EXCEPTION SEPO61960 Application No. ~7~ tl:l~ ~lq' Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTNOLD, NEW YORK: ('Residence, House No. and Street) (Hamlet, State· Zip Code, Telephone Number) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPT~m in accordance with the ZONING ORDINANCE, ARTICLE ~ , SECTION /00 -3/~SECTION for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): .,3 is(are A. Statement of Ownership and Interest. property known and referred to as the owner(s) of (House No., Street, Hamlet) identified on the Suffolk County Tax Maps as District lO00, Section ~i~', Block ~ , Lot(s) /'~ , 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 ~ ~-~- ?~ 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: [ ] L ] [ ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORKi ss.: Sworn to before me this~e)Y/tday of .~/'~ ~o * I~T.,~Y,~UBI~IC, State of New York ~ k~eV. &~.~OlS, Suffolk County Term Expires ~ptember 30, 1~ The property which is the subject of this application is zoned ~-~0 ].s cQn$i$~ent with the use(s) described in the Certificate of Occupancy being furnished herewith. is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): Signature> : · 19~, and TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER ~ STREET' VILLAGE DIST. SUB. LOT '- /~ ~ ~ E , AC . ~ S W / ~PE OF BUILDING . RES. ~ I O S~S. VL. / FARM CO~. CB. MICS. Mkt. Value ~ ~ND IMP. TOTAL DATE R~RKS~/~/~ Wi~4, I~ ~ ~ ~, (~ ~ ~/~j ~f~ ~ Tillable FRONTAGE ON WATER W~land FRONTAGE ON ROAD /y~ ~ ~ ~ ~'~ ~ '~. ~{. ~/ Meadowland ~ DEPTH House Plot BULKH~D Total / I COLOR M. Bldg. Exter~sion Extension Extension Porch Porch Breezeway Garage Patio O,B, Foundation Basement Ext. Walls ~ire Place Type Roof Recreation Room Both Floors Interior Finish ~eot Rcoms 1st Floor Rooms 2nd Floor ~rmer Driveway To,a, . 7~ 0~ (inette DR. BR. FIN. SA N T AC~OCE . TE~ 5t6-~77- O78T su~: co. ~ ~,,t_r_~: p'r, ~,PP~.OW.b] H.~.~. °.,~ 5,65 7_6 20 ~4.~ LOT. MAg OF EAST MARION .TOWN OF 50UI'HOL-D NEW 'r 0E' F. '1 IZ~HDIE 175:00 ~a DArE, H,5, ¢.E F, NO.: ~PI~P. OV E D: 5.TATEI'4ENT' OF INTEhlT' THE' V~/ATEF< 5DPPL.7"'AI-iD SEV,/AGi5 TOWN o~ SO~TUOLO ~uflolk County, New York 516- 765-1fl01N.0 3 6869 . . , . Southold, N. Y. 11971~~9 ~ J ~th T. Te~, '1'o~ Clerk l~' ~'~ Cl~k. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki 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 December 14. 1990 Mr. & Mrs. Thomas Santacroce 75 Shipyard Lane East Marion, NY 11939 Re: Appl. No. 3976-SE - Advertising Sign Dear Mr. & Mrs. Santacroce: For your records and information is a copy of a letter received from the Suffolk County Department of Planning in connection with your variance. Yours very truly, TR Enclosure GERARD P. GOEHRINGER CHAIRMAN DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ® PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5513 ARTHUR H. KUNZ DIRECTOR OF PLANNING December 12, 1990 Town of Southold Zoning Board of Appeals · Applicant: Thomas& Marl n S~_~cro~). Mun. Pile No.: #3976 S.C.P.D. File No.: SD-90-31 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Appears inappropriate and unwarranted as it contravenes established guidelines and principles for such off premises signs. Furthermore, it would establish an undesirable precedent for the proliferation of such signs throughout the Towns major highway corridors. Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehfinger, Chairman Charles Origonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telepho. ne (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 Tow)) of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: __ Variance from the Zoning Code, Article , Section __ Variance from Determination of Southold Town Building XXX Special Exception, Article III, Section 100-31{9) (El Special Permit Inspector. Appeal No.:3976 Location of Affected Land: Shipyard County Within XXX Lane and Main Tax Map Item No.: 1000- 38-1-1.2 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Boundary of Existing or Proposed County, Other Recreation Area Applicant: Thomas and Marian Santacroce Road, East Marion, NY or Thruway State or Federally Owned State or Federal Park or 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. COMMENTS: Applicant is requesting permission to erect off-premises ground sign for advertising purposes Land Copies of Town file and related documents enclosed for your review. Dated: Dec. ll, 1990 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD October $.E.9.R.A. TYPE II ACTION DECLARATION SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Bo~ 1179 Southold, New York 11971 Fax (516) 765-1823 "Telephone (516) 765-1800 17, 1990 Appeal No. 3976 Project/Applicants: Thomas and Marian Santacr0ce County Tax Map No. 1000- 38-]-].2 Location of Project: Shipyard Land and Main Road, East Marion, NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to construct off-premises ground sign to advertise for business purposes 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 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki 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 Southoid. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 December 7, 1990 Mr. and Mrs. Thomas Santacroce 75 Shipyard Lane East Marion, NY 11939 Re: AppI. No. 3976-SE - Advertising Sign Dear Mr. and Mrs. Santacroce: Transmitted for your records is a copy of the official findings and determination in the above matter which was rendered by the Board of Appeals at our November 15, 1990 Special Meeting. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Southold Town Building Department NOTICE OF HEARII~GS NOTICE IS HEREBY GIV- EN, 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 Road, Southold, NY 11971, on THURSDAY, NOVEMBER 1, 1990, at the following times: 7:30 p.m. Appl. No. 3969- ANDREW BURKARD. Variance m the Zoning Or- dinance, Article !II, Section 100-32 for permission to con- struct two-foot extension of garage attached to dwelling with an insufficient fmnt yard sct- -back. Zone District: R-40. Loca- tion of Property: 370 Uhl Lane, Orient, NY; Orient-By-The-Sea Subdivisoin Lot No. 167, Sec-. tion Three, Map 6160; 1000-15~- 5-24.13. 7:35 p.m. Appl. No 3974- DONALD L., OSANI (for GEORGE BRUDERMANN JR., Owner). Variance to the Zoning Ordinance, Article IliA, Section 100-30a.3 for approval of re-separation into two separate parcels as shown by separate deed conveyances, each lot having insufficient area and ,proposed construction to meet setback ~luirements for this R-40 Zone District. Location of Property: North side of Bayview Road and the West side of Reydon Drive, Southold, NY; County Tax Map Parcel Nos. .1000-79-5-10 and 11. 7:40 p.m. Appl. No. 3980- VIRGINIA OLGA LEE. iBtO the Zoning Or- Article XXIV, Section for approval of decl~ addition to dwelling with an in sufficent sideyard setback and reduced front yard setback. Lot a~a is nonconforming in this R. dO Zone District. Location of Property: 1455 Cedar Beach Road East, Southold, NY; County Tax Map Parcel No. 1000-92-1-4. 7:45 p.m. Appl. No. 3978- DONALD & DOROTHY SWAHN. Variances to the Zon= lng Ordinance, Article I11, Sec- tion 100-32 and Article XXIII, Section 100-239 for approval of insufficient lot area' and width (frontage) of two proposed parcels, each with an existing dwelling, in this pending divi- sion of land. Zone District: i R-40. Location of Property: South side of Park Avenue, Mattituck NY; County 2hx Map Parcel No. 1000-123-8-8. 7:50 p.m. AppL No. 3971~, VALERIE M. KRAMER~ Variance to the Zoning Or- dinanee, Article XXIII, Section 239.4B and Article XXVIII, Section 281, for permission to construct new dwelling structure with an insufficient setback from existing bulkhead and from the easterly (front) proper- ty line along Manhansct Avenue- Lot area of parcel is nonconfor- ming in this R-40 Zone District. Location of Property: 730 Robinson Road and 980 Manhanset Avenue, Oreenport, NY; County ~ax Map Parcel 1000-34-5-20. . ~,,:,55 p.m. Appl. No. 397~- THOMAS AND MARIAN SANTACROCE. Special Excep- tion to the Zoning Ordinance, Article III, Section 100-31(9)(E) for permission to construct off- premises ground sign to adver- tise for business purposes. Loca- tion of Property for Sigd? Southeast corner of Shipyard Lane and the Main Road, East Marion, NY; County Tax Map Parcel No. 1000-38-1-1.2 -"~:00 p.m. Appl. No. 397'~ PETROL STATION LTD. Variance to the Zoning Or- dinance, Article VII, Section 100-72 for approval of propos- ed Lot No. 4 which will have in- sufficient area in this Residential-Office (RO) Zone District. Location of Property: North side of the Main Road (265+ feet west of Alvah's Lane), Cutchogue, NY; County Tax Map Parcel No. 1000-109- 1-23. 8:05 p.m. Appl. No. 3977- BETTY J. COPll~lmS~iance to the Zoning Ordid~e, Article III, Section 100-33B(4) for per- mission to locate accessory (garage) building partly in thse~ side yard and rear yard with I~ setback at less than the reqni~:l 20 feet from the southerly pro- perty line. The lot area of this parcel is nonconforming at 40,000 sq. ft. in this R-80 Zone District. Location of Property:. 2195 Albertson Lane, Ar- shamomaque, Greenport, NY; County Tax Map Parcel No. 1000-52-5-54. 8:15 p.m. Appl. Nb 3979- THOMAS J. GORMAN. Var- iances to the zoning Ordinance, Article III, Section 100-33 for approval of location of two ac- cessory (storage) buildings in the front yard, as exist. The lot area of this parcel is nonconforming in this R-80 zone District. Loca- tion of Property: 18 Crescent Drive, Mattituck, NY; County Tax Map Parcel No. 1000-121-4-23. 8:25 p.m. Appl. No. 3968?c IRENE R. MILLER. Varianc~ to the zoning Ordinance, Arti- cle IliA, Section 100-30A.3, and Article XXIII, Section 100- 239.4A for permission to locate proposed dwelling structure with a setback of less than 100 feet from the top of the highest point (top of bluf0 on this 42;930 scl. ft. parcel. The parcel in question is nonconforming as to lot width (frontage) of less than the required 150 feet in this R-40 zone District. Location of Property: Lake View Avenue (127+ feet southwest of Hun- tington Boulevard, a private road), Southold, NY; County Tax Map Parcel No. 1000-68- 3-10. ' 8:35 p.m. Appl. No. 3975- ARTHUR G. CARLSON. In- terprctation and Variance to the Zoning Ordinance, Article Ill, Section 100-30 (as disapproved~g by the Building Inspector) fdr' approval of mariculture uses to include delivery and storing of seafood, packaging, freezing and/or preparation of raw or cooked seafood (processing) for shipping and/or sales for off- premises consumptian. Zone District: Agricultural- Conservation (AC). Location of Property: 1575 Lower Road, Southold, NY; County Tax Map Parcel No. 1000-69-5-13.2. ' 8:45 p.m. AppL No. 3788- SUN REFINING & MARKET-~ lNG. Variance to the zoning O~ dinance~ Article X, Section 100-102: (1) for permission to establish convenience store use in conjunction with and ac- cessory to the existing gasoline station use on this substandard parcel which contains less than ~0,000 sq. fi. in lot area for each use, and (2) for interprctation as to height limitation of accessory (canopy) structure. Location of Property: Corner of the Easter- ly side of Factory Avenue and Northerly side of the Main Road, Mattituck, NY; 1000-142-1-27, 'Matters Recessed from September 26, .1990: 9:.00 p.m. Appl., No. 3955- DOMINICK SBLENDIDO & A. AURICCHIO. · 9:.10 p.m. AppL No. .3938- VILLAGE MARINE. ., The Board of Appeals will nLtv( said time and place hear any anti I all persom or mpr~sentativas desiring to be heard in each of !'the above matters. Written com- ment2 may-also be submitted prior to the conclusion of the subject hearing. Each heating 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: October 17, 1990. BY ORDER OF THE SOUTHOLD TOWN BOARD · OF APPEALS GERARD P. Cd)EHRINGER ~; ~,.~/!: .: CHAIRMAN . By: Linda Kowalski '~:. ~'! ~X-10/25/90(2) COUNTY OF SUFFOLK SS: 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 that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ..................... /'. .... weeks successively, commencing the day of ..... .~. ..... ,19 .~.~... Sworn to before me this .......... ~.~.?..~. ..... day of ......... .~.~ .... ,19 .~..~.. Notary Public f~'~q'~". A. SCHNEIDEii NOL,~f r ut~L#. Stale el New Yedi Qualified i~ $~Jl~otk Co~m~.l~ ~ C0mmiSsmfl bpim ,Y/a APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki 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 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 recently 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 to call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, GERA/{D P. GOEHRINGER CHAIRMAN By Linda Kowalski Page 3 - Appl. No. 3976 Decision Rendered November 15, Southold Town Board of Appeals 1990 6. Also in considering this application, the Board finds and determines: (a) the use of this sign is not within the best interests of the general public or residents; (b) this proposal could in effect alter the essential character of the property or neighborhood in this zoning district and set a precedent for others; (c) the grant of this special excep- tion as applied will not be in harmony with or promote the general purposes and intent of zoning. 7. The Board has considered subsections (a) through (p) of Article XXVI, Section 100-264 of the Zoning Code in making this determination. Accordingly, on motion by Mr. Goehringer, seconded by Messrs. Doyen and Dinizio, it was RESOLVED, to DENY a Special Exception as applied in the Matter of THOMAS AND MARION SANTACROCE under Application No. 3976. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Dinizio. (Member Sawicki and Member Grigonis were absent (out-of-state). This resolution was duly adopted. lk Notice of Hearings Z.B.A. - November 1, 1990 Copies of Legal Notice also to the following on or about 10/16/90: Mr. and Mrs. Andrew Burkard, 40 Slocum Ave, Pt. Washington 11050 Mr. and Mrs. Donald L. Osani, 332 Throop St., N. Babylon 11704 Mr. and Mrs. George Brudermann, 10 Winter La, Dix Hills 11746 Mrs. Virginia Olga Lee, P.O. Box 1273, Southold 11971 Mr. & Mrs. Donald Swahn, P.O. Box 283, Mattituck 11952 Mrs. Valerie M. Kramer, P.O. Box 1360,'Southold 11971 Mr. & Mrs. Thomas Santacroce, 75 Shipyard La, East Marion 11939 J. Kevin McLaughlin, Esq., P.O. Box 803, Greenport 11944 Karen Hagen, Esq., P.O. Box 1424, Mattituck 11952 Mr. Curt Meyhoefer, 2195 Albertson Lane, Southold 11971 Mrs. Mrs. Marie D. Cassidy, 2055 Albertson Lane, Southold 11971 Mr. Thomas J. Gorman, P.O. Box 1445, Mattituck 11952 Proper-T Services, P.O. Box 617, Cutchogue 11935 William D. Moore, Esq., P.O. Box 23, Mattituck 11952 Mr. Arthur G. Carlson, P.O. Box 693, Southold 11971 John Wagner, Esq., P.O. Box 279, Riverhead 11901 Philip J. Cardinale, Esq., Drawer W, Jamesport 11947 Marie Ongioni, Esq., P.O. Box 562, Greenport 11944 Charles R. Cudd¥, Esq., P.O. Box 1547, Riverhead 11901 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD S.E.9.R.A. SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 -. Southold, New York 11971 Fax (516) 765-1823 '- Telephone (516) 765-1800 October 17, 1990 TYPE II ACTION DECLARATION Appeal No. 3976 Project/Applicants: Thomas and Marian County Tax Map No. 1000- 38-]-].2 Location of Project: Shipyard [and and Santacroce Main Road, East Marion, NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to construct off-premises ground sign to advertise for business purposes 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 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 TO: F ROM: DATE: RE: SOUTHOLD TOWN ZONING BOARD OF APPEALS JUDITH T. TERRY, SOUTHOLD TOWN CLERK SEPTEMBER 6, 1990 ZONING APPEAL NO. 3976, THOMAS & MARIAN SANTACROCE Transmitted is application for special exception submitted by THOMAS & MARIAN SANTACROCE, notification to adjacent property owners, Notice of Disapproval from the Building Department, Zoning Board of Appeals Questionnaire form, Short Environmental Assessment form, Survey of property. Judith T. Terry Southold Town Clerk 3 5 6 7 8 9 10 11 12 14 15 20 23 TO~N OF SOUTHOLD ZONING BOARD OF APPEALS COUHTY OF SUFFOLX : S?A?R OL' ~ ~OeX .................................... x TO~R OF 8OUTIIOLD ZOBING BOARD OF APPEALS HEARING : Town Hall 53095 Main Road P.O. Box 1179 8outhold, Hew York 11971 November 1, 1990 7:30 P.M. BEFORE : GERARD P. GOKRR I NOER, thai rman. BOARD NENBER~: C~ARLES ORIOONIS, JR. SERGE DOYEn, JR. JOSEPH H. SAWICKI - Absent JAMES DIEIZIO, JR. ALSO PRESEH?: LINDA KOWALSKI, Board Secretary © 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 19 Number 3976, Santaoroce. follows: MR. ORIGONIS: Second. THE CHAIRMAN: All in favor? MR. GRIOONIS: Aye. MR. DOYEN: MR. DINIZIO: (Time noted: THE CHAIRMAN: Aye. Aye. 7:58 p.m.) The next appeal is on behalf of Marian and Thomas The legal notice reads as (Legal notice read off record.) THE CHAIRMAN: I have a copy of a survey showing a two-story house. The distance from the bulkhead, as much as we possibly can. MR. KRAMER: Okay. Thank you. THE CHAIRMAN: Is there anybody else that would like to speak in favor of this application? Anybody that would like to speak against the application? Questions from Board members? I make a motion reserving the hearing to the next regularly scheduled special hearing on November 15th. 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 20 nature of this application is a ground sign in the northwest corner approximately, which is the corner of Shipyard Lane and Main Road. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Who would like to be heard in behalf of this application? MK. SANTACROCE: Thomas Santacroce. I would like to have perntission for the sign. THE CHAIRMAN: How big is the sign in reference to size? MK. SANTACROCE: Approximately -- I don't have my paper work with me. THE CHAIRMAN: That's all right. You have always give us a call tomorrow. We've got 23 by 46. I assume that is in inches. MK. SANTACROCE: Yes. THE CHAIPd4AN: That is not a lighted sign, nor does it have iridescent or incandescent letters that light up at night? MR. SANTACROCE: No, sir. THE CHAIRMAN: That is a sign that 1 2 3 4 5 6 7 8 9 10 11 12 13 34 ~5 16 17 18 39 2O 21 22 23 24 25 reelects a business which is presently located in Riverhead. MR. SANTACROCE: Yes, sir. THE CHAIRMAN: And what is the purpose of this sign, other than for advertising purposes? MR. SANTACROCE: That's it. THE CHAIRMAN: All right. We thank you very much. MR. SANTACROCE: Thank you. THE CHAIRMAN: Is there anybody else that would like to speak in favor of this application? Anybody that would like to speak against the application? Questions from Board members? ' H~aring no further questions, I make a motion closing the hearing and reserving decision until later. MR. GRIGONIS: Second. THE CHAIRMAN: All in favor? MR. GRIOONIS: Aye. MR. DOYEN: Aye. MR. DINIZIO: Aye. (Time noted: 8:03 p.m.) 21 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 CERTIFICATION I, GAlL ROSCHEN, do hereby certify that I am an Official Court Reporter and that the foregoing constitutes a true and correct transcript of the Town of Southold Zoning Board of Appeals hearing of November 1, 1990, according to my stenographic notes. GAlL ROSCHEN Official Court Reporter 145A \ of property: South Side of Park - - (froma~) e~ less than the Avenue, Mans·lek, NY; County Tax 1~0 feet in this R-40 Zone District. Map P~cdN~ 1000-123-~-~. L~.atimt of Ptopm~: Lake View 7:50 p.m. Appl. No. 3971 -- . Avenue (127+ feet southwest of VALERI~ M. KRAMER. VafiJmce Huntington Boulevard, · private to the Zoning Ordinance, Article road), Southold, NY: County Tax XXI]Z, Section 239.4B and Aflicle Map Parcel No. 1000-68-3-10. XXV1ZX, Section 281, for pennis- 8:35 p.m. A~pI. Ao. ~973 -- sion to construct new dwelling ARTHUR G. CARLSON. suucture with an ~ set- ' k~qm--,*ti~n and Variance to the back from existing bulkhead and 7,,,,i,$ OMi·see, Aflicle HX, See- from the.easterly (front) property ti0· 100-30 (as diuRwovwd by the line along Made·set Avenue. Lot BuHdina ~) for -ev,v~i ef asea of peroel is e,-,,*,~,~oo-h,! in mmlculmra usas te i~_h,t* dellw~/ p,~rty: 730 Robinson Road and fnmzin8 and/or i,~r,,'atiem of raw · · NY; County Tax Map Parcel No. shipping end/or sales for off- 1000-34-5-20. - '~x i,,~-,:sex ccosump~on. Zone Dis, /~ '/:55 p.m. Appl. No. 3076 ' ')~' tract: Agticohorsl-Consewation /- THOMAS AND MARIAN SAN-/ ' (AC). Location of Proporty: 1~/$ /~ TACROCE- Speclcl Exception tog Lower Red, Soadmtd, NY; ~ L tho Zeeing Ordinance, Article m,[ Tax Map Parcel No. 1000 - -. ~ ~ 1OO-31(9)(E)fo~pamiulm} 13.2. ~ ] to construct off-premises 8roqmd%.~ 8:45 p.m. Appl. No. 3788 -- ] sip to advertise for business pot- ~ SUN RERNING & MARKETING. J! poses. Location of Property for ~ Variances to the 7,-~;,g On~imnce, I Lane md the Main Reed, East Marl- ] pennissiou to eminbh . ~ eh, Ny; C~unty Tax Map Parcel NO. [ store use in conjunction wnth ..and ! ' 1000-38-1-1.2. ~ accessol~ to the existing gasolme ~ 8:00 p.m. Appl. No. 3072 ~ rtaticn me on this substandard ~--wt~OL STATION LTD. Variance cai winch corn·ins le~s the 30.000 ; to the Zoning Ordinance, Article sq. ft. ;- lie tnea f?r ea~ use,.~n~d proposed Lot {14 which will have limitation of ecce,tor'y (can~'py) ksuF~innt am~ k this Rasidmtini- *tmcto~. Location of.Pro~rty: Or, ce (RO) Z~e Dimicc Lorasion/$' Ox·er of the Easm~y Side ;~ Pac, ~f ix~peflT.. Noflh Skis of the Main top/Avenue and North·dy Side of Road (~65d: feet west of Alvah's the Main Road, Mattituck, NY: MapPan~lN(~1000-109-1-23. -- =:- '---- - - :- ~. 8:05 p.m. Appl. No. 3977 -- 26.1 900: ! brtrl~' J. COl'iN. Vasiance to the 9.-00 p.m. AppL No. 3955 -- ~ ' ;;~n~{ O~dinence, Aflicle ~, Sec- MINICK SBLBNDIDO & A. , tion 100-33B(4) for petmisslon to AUR]CC~O. loca~ a~essoq~ ({aragn) buBding 9:10 l~m. AppL No. 3938 -- ~ pmly in d~c side yard and rut yard LAOI{ MARn~ with a se·had· at less than the ~- Tha Bo·sd OfAI~~-als m31 at said qua·od 20 feet from the somberly thee and Phce haar any and aB Fe~' lWot~rty line. The lot area of this sons or fep~sentatlves desiring to - sq. ft. in this R-SO Zone District. en'L Wriuen con]ments may also be ~'North Side of Bayvlew Road and Loc·tic· ef l)rq~q~- 219SAlbe~' mb·Sued prior to the coecluslen ~ the West Side of R~ydon Drive, ' ". son Lane, Arsbememaque, C-~en- the subject he·tin8. Bach hearing Son·hold, NY; County Tax Map port, NY; Cc~nty Tax M~ Parcel wm n~ sign before the time allet- ?,,~,~./No~. 1000-70-5-10 end IL No, 1000d2-S-~4. ted. Addit~n~ time ~or your p~- 7:40 p.m. Appl. No. 3080 -- $: 15 p.m. Appl. No. 3970 -- se·ration will be available, ff need-, VXROEql~ OLGA LEE. Variance THOMAS J. GORMAN. Variances ed. For more information, please to the Zoning Ordinance, Article to the ~ O~dinance. Aflicin I]~ ca117~5-1809. XXZV, Sec·ami 100-244B for ap- Section 100-33'for approval of lena- Dated: October 17, 1990. proval of deck addidon to dwelling ·ion of two aceessov/ (storage) BY ORDER OF THE SOUTHOLD with an insufficient sideyard set~ ' buLTdings in the front yard. as exist. TOWN BOARD OF APPEALS back and reduced front yard set- The lc· area of this parcel is non- GERARD E COEHRINGER back. Lot area is nonce~fom~in8 in cooforrnln~ in this R-80 Zone Dis- - CHAIRMAN thl, R-40 Z~ne Disulct. L.~:atic~ o{ Uict. Lacad~ of Progeny: 18 C~- By Linde Kowahki ~roperty: 1455 Cedat Beach Road . ~ent D~ive Mattimck NY; Ceunt East, Southold, NY; County Tax Tax M~p Parcel No. 1000-121-4-23. NOTICE OF HEARINGS NOTICE IS HBREBY GIVEN. Law end the C_,~b of the Town of SontholtJ, the foHowlng hearings will be hdd by the SOUTHOLD TOWN BOARD OP APPEAI~q at a Regular Meeting, at the Eeo·hold Town Htll, Main Road, ScothoM, NY 11071, on THURSDAY, NOVEMBER I, 1990, at the x~ 7:30 p.m; AppL No. 3069 -- ANDREW BURKHARD. Vatinnce Section 100-32 for permissico to construct two-foot extension of insufficisnt ftom yard sethck. Zee 370 UM Lane, Ofiem, NY; Otis·- By-The-Sea Subdivisiou Lot No. 167, Section Three, Map 6160; 1000-15-5-24.13. 7:35 p.m. Appl. No. 3974 -- DONALD L. OSANI (for GEORGE BRUDERMANN JR., Owner), Variance to the Zonln80alinance, Afllcle IHA, ~_~_',~ 100-30e-3 fo~ ,~.~,~,val of te-$eparatlen into two rate deed conveyances, each lot having insufficient area and pro- ~; sequirements for th~ R-40 Zone District. Loc·atom of property: Map Pat·el No. 1000-92-1-4. 8:25 p.m. Appl. No. 3968 7:45 p.m. Appl. No. 3978 -- ]Rj~NE J~ ~IJ J~l~.Varimlce to·he DONALD & ~RO~ SWA~. ~nin{ Ordinance, A,icle IHA, V~s to ~ ~ ~ ~tinn 100-30A.3. and A~icle ~ ~, ~ 1~32 ~ Ar- ticle XX~, Section 1~-239 for ~si~ a~ of ~s~ 1~ a~ ~d wid~ (f~ge) of two pr~s~ 1~ f~ f~ ~ ~ ~ ~ h~h~ parcels, each with ~ existing ~ ~e D~ g~ ~ is non~fo~in& STATE OF NEW YORK) ' )SS: COUNTY OF SUFFOLK) Christina Volinski said County, being duly sworn, say: Clerk of THE SUFFOLK TIMES, published at Mattituck, in the Tow; Suffolk and State of New York, and the annexed Is a printed copy, has b; said Newspaper once each we successively, commencing on ti October 19 90 Swom to before me this day oJ~-~ ?~/~ 617.Z1 Appendb Slate Envirc~nmental Quality Review SHORT EH~IRON~EHTAL ASSESSMEHT FORM For UNLISTED ACTIONs Only PART I~p~OJECT INFORMATION (To be comDleted by A~ic=nt or Project sDonsor) SEQR PROPOSED ACTICN: CCE$ ACT/CN IflVOLVE A PERMIT APPROVAL. O~ FUNDING, NOW OR ULTIMATELy FROM e:TATE OR LCCAL)7 ANY OTHER GOVERNMENTAL AGENCy (FEDERAL, Ilo COES ANy ASPECT CF THE ACTIO~I HAVE A CURRENTLY VALID PER&~IT On APPROVAL? CERTIFy THAT THE INFORMATION PROVtDEO AOOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ~ '' OVER ~ I 1 (Continued on reTerse side) and the likely impact- - available Assessmenz Form is necessary. (¢) If all questions have been £nV~monmenta! Asse~m""--~ $* Will project significantly effect drainage flow Will prO]~ct hav~ Will project have Will project regUlariv cause objectionable odors, Will PrO)oct have any ~mpact on public health Si~nature~ QUESTIONNAIRE TO BE COMPLETED AND SUB~IITTED ~%ITH YOUR APPLICATION FO:U4S TO THE BOARD OF APPEALS 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 depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes No 2.a)Are there any areas which con,sin 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 existing or proposed fences, cDncrete barriers, decks, etc? Yes No Yes No Yes No Yes No e If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? 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 Yes No NO .No No 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 Department Village of Greenport N.Y.S.D.E.C. Other Yes Yes Yes Yes Yes Yes Yes 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Yes 11. Is new construction proposed in the area of contours at 5 feet or less as exists? Yes 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? Ye s 13. Please list present use or operations conducted upon the subject property at this time and proposed Please submit photographs for the record. I certify that the above statements are true and are being submitted reliance by the Boa~rd of Appeals .in considering my application. g ature (~roperty Owner) (Authorized Agent) N__o No No No for 1/88 WETLANDS [Amended 8-26-7(; by L.L. No. 2-1975; 3-26- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (I) All lands generally cnvercd or intermittently env- ered with. or which border on, tidal waters, or kinds lying beneath tidal waters, which at mean Iow 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, flaLa or other Iow lying laads subject to tidal action: (2) ; All banks, bogs, meadows, fiats and tidal mar~h subject to such tides ami upon which grows or may grow some or any of the following: salt hay, bk~ck grass, saltwor~s, sea lavender, tall cordgrass, high bush. cattails, groundscI, marshmallow and Iow march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection Al2) and lying within seven- ty-five (75) feet landward of thc most landward edge of such a tidal wetlami. FRESIIWATER WETLANI)S: (1) "Freshwater wetlands" as defined in Article ~,1. Ti- tle 1, § 2,1-0107. Subdivisions l(a) to l(d) inclusive. of the Environmentol Coaservafion Law of the State of New York; and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection B(1) and lying with- in seventy-five (75) feet laadward of the most land- ward edge of a "fi'eshwatcr wetlaad." 9705 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 RnAD- -~TATIE ROAD 25 BEiI.JTHnI_D, I..1o, N.Y. 1'1~71 ACTION OF THE BOARD OF APPEALS Application of TIMOTHY COFFEY and THE COVE AT SOUTHOLD, INC. for a Special Exception to the Zoning Ordinance, Article III, Section 100-30C for permission to erect off-premises directional sign. Location of Property: South Side of the Main Road (S.R. 25), Southold, NY; County Tax Map Parcel No. 1000-75-06-7.3. WHEREAS, a public hearing was held and concluded on August 18, 1988 in the Matter of the Application of THE COVE AT SOUTHOLD (TIMOTHY COFFEY) under Appeal No. 3755; 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, the Board Members have personally viewed and are familiar with the premises in guestion, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application for a Special Exception from the Provisions of Article III, Section 100-30, Subsection C to erect a 3' x 5' directional ground sign upon premises located in the "A" Residential and Agricultural Zoning District located along the south side of the Main Road (State Route 25), Southold, with setbacks proposed at approximately 35 feet from the northerly (front) property line and 35 feet from the easterly side yard as more particularly depicted on sketched map submitted for consideration. Page 2 - Appeal No. 3755 Matter of COFFEY/THE COVE AT SOUTHOLD Decision Rendered October 6, 1988 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 75, Block 6, Lot 7.3, containing a total acreage of 19+- acres, having frontage along the south side of the Main Road of approximately 350 feet. 3. The subject premises is located in the A-Residential and Agricultural Zoning District and is presently used agriculturally. It is noted for the record that the subject premises presently contains one ground sign for the Timothy Coffey operations. 4. The only provisions of the Zoning Code.permitting signs in this zone district are under Section 100-30C, with conditions for accessory home occupancy uses and others by Special Exception approval. 5. On May 5, 1966, and again on March 22, 1979, the Board of Appeals established guidelines and principles governing signs not specifically covered in the Zoning Ordinance; and in order to assist the travelling public and in the interest of traffic safety, the Board established the following types of activities for which a reasonable number of off-premises signs, directional only, may be conditionally granted for a limited time period: a. Motels, hotels, tourist houses b. Restaurants and eating places c. Churches d. Ferries, transportation e. Subdivision/development signs f. Shopping centers or business districts g. Amusement areas h. Civic activities i. Federal, State, County, Town owned signs. proposed required It is the position of this Board that the sign as does not meet the requirements established above and as by law for Special Exception approval. 7. Also in considering this application, the Board finds and determines: (a) the use of this sign is not within the bests interests of the general public or residents; (b) this proposal could in effect alter the essential character of the property or neighborhood in this zoning district; (c) the grant of this special exception as applied will not be in harmony with or promote the general purposes and intent of zoning. 8. The Board has also considered subsections (a} through (1) of Article XII,' Section 100-121C(2) of the Zoning Code in making this determination. ~j i~o-~ ~lqq~ 9. It is also noted for the record that under a separate application under Appeal No. 3756 rendered same date hereof, relief was granted for a similar sign for the same purposes at a different site located in the Business District, as conditionally Page 3 - Appeal No. 3755 Ma~ter of COFFEY/THE COVE AT SOUTHOLD Decision Rendered October 6, 1988 noted. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to DENY a Special Exception as applied in the Matter of TIMOTHY COFFEY and THE COVE AT SOUTHOLD, INC. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Doyen. (Member Sawicki was absent due to serious family illness.) (Member Dinizio abstained.) This resolution was duly adopted. lk GERARD P. GOEHRINGER CHAIRMAN ~-40 FI -80 HD R -80 --STATC OF NEW YORK CouMTY- SUFFOLK --TOWN OF SOuTH OLD SWIS - &73889 PARCEL IDENTIFICATION SEQUENC~-'"~ Y CK 1988 ~RCEL ID RDG N A M E LAND TOTAL 37.-4-6 C RF MAZZAFERRO NICHOLAS J 2,&OD 37.-4-7 CRY PIHL ELLEN I 2,200 37.-4-9 C TK PARROTT WILLIAM & AILE 1',200 37.-4-10 37.-4-12.1 37.-&-13 37.-4-14 37.-&-15 37.-&-16 37.-4-i-8 37. -5-1 37. -5-) 37.-5-~ 37. -S -4' 37. 37.-5-6 S7.-5-7 37. -5-8 37. -5-9 8,2e 7,90 6,5C 5,80 CNN STETN--N-A-NC~-C--)--KENNET l~-tll]O C PV KAPULER WILLIAM P & WF 2,500 C PS THORNHILL KENNETH W ~ 2,600 16,2C CQL ABBOTT DAN A 900 C RX SEEMAN ARTHUR ~ MARIE 2.300 6,80 C TJ GARDINERS BAY ESTATES 300 3~ C OE SAMBACH LAN! M 1,500 C OX L~N--G~~T~Y--S & 1,700 C PQ TODD MARJORIE PATRICIA 2,100 C"QJ'~-ESSTER JOHN S 900 CRC TESS[ER JOHN S 1,000 CRV LUSC~E~CHARLES B JR & 800 &,6[ C SO JOHNSON PATR[CIA ANN 1,600 6,6C C UA PIROZZ[ FRANK A & CAM[ 800 ~7.-5;10 C"OD~'JOHN~ON~ARTON-C ..................... 1';0~0"- 37o-5-11 C OW VALENTINE EDWARD G & 2,100 6,0[ 37~'~5~12 C PP ~N-~O~--G"& WF 1,400 6,9[ 37.-5-13 C QI REILLY PAUL J 1,300 ' 37.;5;~ C RQ LENNOX FLORAL H 8-0-0 37.-5-15 C RU MILNE RALPH & WF 1,300 5,5[ 37.-5-17 C TG ISBISTER ERIC & WF ~,200 5,6[ 37.-5~18 C TZ 8AKER~GE~RGE~W~ 2,Z00 37.-5-20 C OV SCHLAEFER GORDON & WF 1,000 37.-5-22 C QH STERN LEOPOLD 1,400 '---"37.~-5-~3 C'RA--'THOR'p~FRANK~S~RTAN~ ~0~0 37.-6-1.1 C PQ THORP LOIS J 2,900 37;;-6=2--I C QJ THORP LOIS J -i~TO0 37.-6-3.1 C RC THORP LOIS J 1,800 ~-~--~ CQZ FRAZ[ER DONALD H ~000 37.-6-5.1 C SO WALZ ROGER J ~ WF 1,400 6,8[ 1,400~ C UA LUS/GARTEN ROBERT & AN 800 1,7[ -C---P~AP~N~-'~ICOMEN~ 3~01] '"~[ C SI THORNHILL KENNETH W & 2,100 2,1[ C TIF~EEM-AN-A~THUR K ~00- "--~ C UN SEEMAN MARIE G (00 ~'~-~APREA"THoMAS-J--~ ~ AS-T ........ 7,200 ...... C R~ ~_~RNOLD & KAREN 2,100_ ~,1( Z~'-I~ T S ANTIC RO CE ~=T~FI~ vO0- --~[ C OP C~E~OWIC~ JOSE'PH ~ ~0~000 ---~-P-~-CHEREPO~ICH-JOSEPH"&--S 2';00~ C MU PORFIRIS VASIL[OS 600 ............................ ~--NN~-WALLACE ROBERT J ~ WF ............ 900~ PAGE IOTALS~-= ........... 51 PARCELS (ACTIVE) COUNTY OF SUFFOLK ~,.~, SOUTH~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of 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 requesta(Variance)~Exception~ (Special Permit) (Other) [ciccle choice] That the property which is the subject of the Petition is located adjacent to your property and its des- cribed as follows: ~ r 3. That the property which is the subject of such Petition ?sOocatefl in the following zoning district: 4 lhal bs suc~c~LP,,litiL~n~ [he undersigned will request the following relief: 5. That the provisions of the Southoid Town Zoning Code applicable to the relief sought by the under- s~gnedare Article ~ Sect_ion i o-~/~ ~ [ ] SecNon 280-^, New York Town Law for approval 6'f access over r~ght(s)-of-way. 6. That within five da~,s 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. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Owners'Names: ~ ' - Post Off. ice Address ~ Tel. No. ~/~) ~77-~7F7 [Copy of sketch or plan purposes.] showing proposal to be attached for convenience 'I P 013 654 ?54 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIOED sent to P 013 654 753 '~ RECEIPT FOR C~TmFmED MAIL fSee Reverse) State and ZiP Code Postage S rOl~o~e and Fees S PROOF OF MAILING OF NOTICE kCH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK) ss.: · . residing at ,.~c,~.~,f_~/~/~ / ~ ,~. ' , being duly sworn, deposes.an.{~s.a.~.that on~ th.e </"&day ~ _~'~/~.o,~;g,~..- , 19 ~z> * deponent mailed a true copy otme mo~ice set lortn on the re- verse s~c~ hereof, directed to each of th~ above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current~assessment roll of. the lown of Southold; that said Notices were mailed at the United States Post Of- fice at ~___~,.,L~,"/////--FF--z~'4', ~ ''7' ;that said Notices were mailed to each of said persons by (c~) (registered) mail. f e m this ~"/'~ Sworn to befo[ day,.J~f ~. 19 ~TARY PUBLIC, State of New York No. 4804615. Suffolk C0un~ Term Expires ~ptember 30, (This side does not have to be completed on form transmitted to adjoining property owners.)