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Home My WebLink About3872 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. 3872 Matter oi COMPASS TRANSPORTS. Variance to the Zoning Ordinance, Article X]fV, Section 100-250, for approval of site plan before any Certificate of Occupancy or building permits can be issued in this Hamlet Business Zoning District (HB). Property Location: 175 Boisseau Avenue, Southold, County Tax Map No. 1000, Section 062, Block 01, Lot 16. WHEREAS, a public hearing was held and concluded on December 19, 1989 in the matter of the Application of COMPASS TRANSPORTS, under Appeal No. 3872; 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 areas; 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 062, Block 01, Lot 16. 2. This is an application for Variances from the zoning Code Article XXV, Section 100-250, for approval of site plan before any certificate of Occupancy or building permits can be issued, (Article XIX, Section 100-191). Page 2 - Appl. No. 3872 Matter of COMPASS TRANSPORTS Decision rendered January 9, 1990 3. Article XXV, Section 100-250. This article shall apply to every land use that is permitted in the Town of Southold except the single family home use on a single and separate lot as set forth in Article III, 100-31A, and customary nonagricultural accessory uses to a single-family residential home use as stated in the Town Code. Any change in use or intensity of use which will affect the characteristics of the site in terms of parking, loading, access, drainage, open space or utilities will require site plan approval. In all cases where this chapter requires approval of site development plans by the Planning Board, no building permit shall be issued by the Building Inspector except upon authorization of and in conformity with the site plan approval by the Planning Board and all other public agencies involved. 4. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; [b) that there is no other method for appellants to pursue; and the premises will require on site parking that will require other variance relief; (c) that the area chosen for the on site parking is not unreasonably located. (d) that the variance will not in turn cause a s~bstantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Dinizio, Seconded by Mr. Goehringer, it was Page 3 - Appl. No. 3872 Matter of COMPASS TRANSPORTS Decision rendered January 9, 1990 RESOLVED, to GRANT a Variance in the matter of the application of COMPASS TRA/~SPORTS as applied under Appeal No. 3872 for site plan approval, SUBJECT TO THE FOLLOWING CONDITIONS: That there be no more than 400 sq. ft. in dining area, exclusive of restroom area. 2. That there be 4 parking spaces provided on site. o That the applicant have a maximum 12 stools or chairs in dining area. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Dinizio (Absent Joseph Sawicki). This resolution was duly adopted. df Town Clerk, Town o~ Southold 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 ACTION OF THE BOARD OF APPEALS Appl. No. 3872 Matter of COMPASS TRANSPORTS. Variance to the Zoning Ordinance, Article XXV, Section 100-250, for approval of site plan before any Certificate of Occupancy or building permits can be issued in this Hamlet Business Zoning District (HB). Property Location: 175 Boisseau Avenue, Southold, County Tax Map No. 1000, Section 062, Block 01, Lot 16. WHEREAS, a public hearing was held and concluded on December 19, 1989 in the matter of the Application of COMPASS TRANSPORTS, under Appeal No. 3872; 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 areas; 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 062, Block 01, Lot 16. 2. This is an application for Variances from the zoning Code Article XXV, Section 100-250, for approval of site plan before any certificate of Occupancy or building permits can be issued, (Article XIX, Section 100-191). Page 2 - Appl. No. 3872 Matter of COMPASS TRANSPORTS Decision rendered January 9, 1990 3. Article XXV, Section 100-250. This article shall apply to every land use that is permitted in the Town of Southold except the single family home use on a single and separate lot as set forth in Article III, 100-31A, and customary nonagricultural accessory uses to a single-family residential home use as stated in the Town Code. Any change in use or intensity of use which will affect the characteristics of the site in terms of parking, loading, access, drainage, open space or utilities will require site plan approval. In all cases where this chapter requires approval of site development plans by the Planning Board, no building permit shall be issued by the Building Inspector except upon authorization of and in conformity with the site plan approval by the Planning Board and all other public agencies involved. 4. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; and the premises will require on site parking that will require other variance relief; (c) that the area chosen for the on site parking is not unreasonably located. (d) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Dinizio, Seconded by Mr. Goehringer, it was Page 3 - Appl. No. 3872 Matter of COMPASS TRANSPORTS Decision rendered January 9, 1990 RESOLVED, to GRANT a Variance in the matter of the application of COMPASS TRANSPORTS as applied under Appeal No. 3872 for site plan approval, SUBJECT TO THE FOLLOWING CONDITIONS: That there be no more than 400 sq. ft. in dining area, exclusive of restroom area. 2. That there be 4 parking spaces provided on site. That the applicant have a maximum 12 stools or chairs in dining area. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Dinizio (Absent Joseph Sawicki). This resolution was duly adopted. df RECEIVED AND FILED GERARD P. THE SOUTHOLD TOV~'N CLERK DATE I/~1~0 HOUR ~.'~OP~ I Town Clerk, Town of Southold Southold Town B oOa[d o . A p,p a!s FAX No. (516) 7§5~823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZ[O, JR. 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 Southold Town Hall, Main Road, Southold, NY 11971, on WEDNESDAY, NOVEMBER 8, 1989, at the following times: 7:30 p.m. Appl. No. 3867 - RICHARD AND PATRICIA SNOW ~ Variance to the Zoning Ordinance, Article XXIII, Section 100-231A, as disapproved, for permission to construct a fence, exceeds permitted 4 feet. Property Location: 1585 Long Creek Drive, Southold, County Tax Map No. 1000, Section 55, Block 07, Lot 03. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 8, 1989 7:35 p.m. Appl. No. 3885 - FRED AND CAROL HIDDINK - Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, as disapproved, for permission to construct an accessory inground pool, proposed construction will exceed permitted lot coverage in this R-40 Zone District. Property Location: 614 Bailey Avenue, Greenport, County Tax Map No. 1000, Section 34, Block 04, Lot 05. 7:40 p.m. Appl. No. 3877 - HERBERT MACOMBER. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 B, as disapproved, for permission to construct a deck with ramp, proposed construction will have insufficient side yard setbacks. Property Location: 250 Anglers, Road, Greenport, County Tax Map No. 1000, Section 36, Block 2, Lot 1. 7:45 p.m. Appl. No. 3880 - FRED AND DIANE STERN. .Variance to the Zoning Ordinance, Article XXIV, Section 100-244, for permission to construct a deck addition ko existing dwelling, proposed construction will have insufficient rear yard setbacks. Property Location: 2110 Sigsbee Road, Mattituck, County Tax Map No. 1000, Section 144, Block 1, Lot 17. Page 3 - Notice of Hearing Southold Town Board of Appeals Regular Meeting of Nove~er 8, 1989 7:50 p.m. Appl. No. 3871 - RICHARD AND JOAN GIBBS. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.4, (Article III, Section 100-33, as disapproved), for permission to construct an accessory building in front yard area. Property Location: 2140 Deep Hole Drive, Mattituck, County Tax Map No. 1000, Section 123, Block 4, Lot 4. 7:55 p.m. Appl. No. 3869 - WARREN AND SUSAN CANNON. Variance to the Zoning Ordinance, Article III, Section 100-32, for approval to construct poolhouse, pool and accessory garage in front yard area in this R-80 Zone District. Property Location: 4625 Aldrich Lane, Ext, Mattituck, County Tax Map No. 1000, Section 112, Block 01, Lot 14. 8:00 p.m. Appl. No. 3876 - JOHN P. DEWAR. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, for approval to construct an attached deck, proposed construction will have insufficient front yard setbacks in this R-40 Zone District. Property Location: 4420 Oaklawn Avenue, Southold, County Tax Map No. 1000, Section 70, Block 9, Section 46. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 8, 1989 8:05 p.m. Appl. No. 3878 - ROBERT POTDEVIN. Variance to the zoning Ordinance, Article III A, Section 100-30 A.3, (Article XXIII, Section 100-239d (B), for permission to construct an addition to existing one family dwelling, proposed construction will have insufficient side yard setbacks and is within 75 ft from the bulkhead. Property Location: 4250 Peconic Bay Boulevard, Laurel, County Tax Map No. 1000, Section 128, Block 4, Lot 23. 8:10 p.m. Appl. No. 3883 - BEST AND SYVERSON. Variance to the Zoning Ordinance, Article XXIV, Section 100-241 A, for permission to construct alterations, additions and conversion to year round use to existing dwelling, proposed construction will have non-conforming uses in this R-40 Zone District. Property Location: 420 Private Road ~17 off of Mineola Road, Mattituck, County Tax Map No. 1000, Section 123, Block 6, Lot 17. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 8, 1989 .~ 8:15 p.m. Appl. No. 3872 - COMPASS TRANSPORTS (Markakis).~ l Variance to the Zoning Ordinance, Article XXV, Section 100-250, / .fo~ approval of site plan before any certificate of Occupancy or ~ building permits can be issued in this Hamlet Business Zoning _ District (HB). Property Location. 175 Boisseau Avenue, Southold, County Tax Map No. 1000, Section 062, Block 01,Lot 16. 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 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 30, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, /.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. NO~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 SOUTHOLD 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. Appl. 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 permitted 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, S~ction 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. Applo 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 #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. 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, IArticle 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 $o~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 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. to c 8:55 p.m. Appl. No. 3872 - COMPASS TRANSPORTS. onclude 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 ~rior 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 December 4, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ./Y..~.. 7~.,~.~ .~.~..e.~..o....~.~.~,: .......... · ~. ~b~ J.~....,:.c,/.: .~.~ ? ........ PLEASE TAKE NOTICE that your application dated....~...~..~.-". ........... 19 . ~...~. ,orpe~.itto ........... .'" ?' .... ~"2 ...... :'_~f'"~ .............. Location of Property .................................... ~ .................... House No. Street Hamlet County Tax Map No. 1000 Section ... (.~.~..=~. .... Block ..... O. ] ...... Lot ...]. ~ ........ Subdivision ................. Filed Map No. : ............... Lot No .................. is returned herewith and disapproved on the following grounds. ~%~..~, ~J.-..~..~/..~.- .,v,,- ~ ¢~. .:~.. .~.~..~~ ,~. ~.~.~..~..~. ~ ~, ............. Examined lr~.?'o,-.,.,x.,,~ -:,~ ~ ......... 19,... FORM NO, 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL COUTHOLD, N.Y. 11971 TEL.: 765-1802 Approved ~..o~.~.-~' ..w~.,, .-.'. ~., 19¥i. Permit No. I --/-t 2,..~4~. 3 SETS OP fL~U~S ....... :... SURVEY · · · . .4' ' i ,i? ..... C} ECR . u ...... SEPTIC FORM ............... NOTip¥ CALL MAIL TO: Disapproved a/c , (Building Inspector) ' ' 'b ' Tq,','i'~ ~r? SOU~OLD APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, (vith sets of plans, accurate plot plan to scale. Fee according to schedule· .b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public stree or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of th.is app. ,cation. c. The work covered by tkis application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such perm shall be kept on the premises available for inspection throu?qhout the work. e. No building shall be occupied or used in whole or ~n part for any purpose whatever until a Certificate of Occupane shall have been granted by the Building Inspector. ' APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to th Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances c Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein describec The applicant agrees to comply with all applicable taws, ordinances, building code, housin.o code, and regulations, and t admit authorized inspectors on premises and in building for necessary inspections· C'c~..~'~/'~/-h ~3. · ./.Z.~..?..c.'/~s.~C,(~....,~.~.~. ~S¢,z, 7-,~oz~ .'.. (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises . ~/k'/'~f>~.S ~ -7~?~/~ .~' -/9C9/~ 7-'~%~ (as on the tax roll or latest deed) It' applicant is a corporation, signature of duly authorized officer. ...................................... x~ ~ x/ ~-4 dTT. (Name and title of corporate officer) Builder's License NO .......................... Plumber's License No.; ...... ~ ................ lectr cmn s L~cense No. Other Trade's License No. 1. Location of land on which proposed work will be done. House Number Slreet, ~ .............................................. Hamlet Co~nt,.. 7~ ,X,a,, No. 1000 S~tio~ ~ (~ ?' Bi?ck O ! X .......... Lot Subdi~.~,ot: ............. ' '' ..................... Riled Map No. , (N,:,.c) ~ ............... Lot ............... 3. Nature of work (check which applicable): New Building ' Addition .......... Alteration ......... Repair .............. ~moval .............. Demolition ........... Other Work ~ O (Description) 4. Estimat(d Cost .~ Fee (to be paid on filing t~is appdcat'on) 5. If dwelling, number of dwelling ~mits ...... '~ ...... Number of dwelling units on each floor. If garage, number of cars, .... : ........ ~ .......................................... ' .. 6. If business, cmnmercial or mi~d occupancy, specify nature and extent of each tyne of use (c~ 7. Dimensions of existing structures, ~fany: Front .... v~.C/ ....... Rear .... ~. ~ ....... Depth . .~Of ........ Height ..... ~:~ ........ Number of Stories ... ~v.' ........................................... Dimensions of same structure w~th alteratmns or additions: Front .... ~ ..... Rear ... ~t~. ~ 'o ~ Jt~ ' ' ~ ........ Depth ....... ~ .... ~ ...... IIm~t . ~ ~-= NumbcrofStohes ~:~.~ 8. Dimensions0~" ~ ' -~ ' - ''" - i '"~"/ ..... brenow~onstn ct on Front ~O Rear ~ Depth Height . .~.lf~ ......... Number of Stores .... ~. 9. Size of iai: Front .... 7 ~ .............. Rear ....... ~ ............ Depth .~ .............. I0. DateofPurchase ../.~&~ ............. Name of ro=er Owner V~gO ... 11. Zone or use district in which premises are situated ...... ~.2t ......................................... 12. Does proposed construction violate any zoning law, ordinance or regulation: ..... ~0 ....................... 13. W~i lot be regraded ...... N.(~ ................... ~Vill excess fiI1 be removed from premises: Yes 14. Nme of Owner of premises ¢'¢~'/~4s5..~~ Address {~ ~Q {¢~.~fiS.~Phone ..... N~e of Architect ........................... Address ... c~'q~-~(q3Z) .... Phone No ................ N~e of Contractor ................ .. ......... Address ............ ................... Phone No. 15.Is this property located within3OO feet of a tidal wetland? *If yes, Southold Town Trustees Permit may be required. PLOT DIAG~M l~Locate cle~ly ~d dist~ctly ~1 buddings, whether existing or proposed, ~d. indicate ~1 set-back d~ensions f~m propemy ~nes. Give street ~d block number or description according to deed, ~d show street n~es and indicate whether interior or comer lot. ff " ,, ,, ,. · _ __ APPROVED AS NOTED DATE: t ~'t'~ :' J FEE: ';' 'D, NOTIFy BUILDING DERaRTIVIEN7 AT 765-1802 9 AM TO 4 PM FOR THE FOLLOWING INSPECTIONS. 1. FOUNDATION TWO REQUIRED FOR POURED CONCRETE 2. ROUGH - FRAMING & PLUMBING 3. INSULATION 4. FINAL CONSTRUCTION MUST BE COMPLETE FOR C.O. AU. CONSTRUCTION SHALL MEET THE REQUIREMENTS OF THE N.Y. $TATE OFNE\~,~._,ORU~,?, ~/ STATE CONSTRUCTION & ENERGY COUNTy OF-*-'~C~./..~'~. S.S CODES. NOT RESPONSIBLE FOR ............................ / .... ~vo pi;cant (Name of individual signing contract) abm. e named. ilo t~ the (Contractor~? corporate officer , etc.) a,~,, _ '.~r or owners, and is duly authorized to perform or have performed the said work and to make and file this ~. hah: that all statements contained m this application are tree to lite best of his knowledge and belief; and that the ~al be Penormed in the roamer scl forth in the application filed therewith. . .jday . . ~ · .... ~. County TOWN of SOUTHOLD OFFICE OF BUILDING INSPECTOR Town Hall ~qouthold, New York 11971 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. ~ C("~ ~ DATE .............................. 1, (We)..C.Q~IP~.~..~...~,~,~I.~]~.Q. JI,~8. ~,~,~ of ..... J,.7..;~.-..~(J~.-~B~N.....A~I~-NJJ~, .................... Name of Appellant Street and Number NeYe ............................ HEREBY APPEAL TO State SOUTHOLD Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO, ..1..7...7..2...2...~ ................... DATED .J.~.,~..2.~..l.~.~ ................................... WHEREBY THE BUILDING INSPECTOR DENIED TO AND~EAS E. HARKAKIS a/c COHPASS TRANSPORTS S,A, Name of Applicant for permit of 175 BOISSEAU AVENUE SOUTRI~IID N.Y. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ISSUANCE OF CERTIFICATE OF OCCUPANCY ( ) ( ) (X) 1. LOCATION OF THE PROPERTY ...~..~..5.....B.~..~..~.'s...[.~..~........&..~..~...~..~...~.~`.~.~..~.Z~.~.~.L~..~ .................. Street /Hamlet / Use District on Zoning Map District 1000 Section 62Block0! LOt.m~..6...Current Owner COHPASS TRANSPORTS S.A. Mop No. 1000-062-01 Lot No. !6 Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article XXV Section 100-250 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) ( ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 (X) A VARIANCE to reduce the number of parking spaces ~rom 15 to 5, accordance vrith previous CODE requirements ~hen Application vas submitted. 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance ( ) is requested for the reason that EliminaJ&ng 5 the already approved (since 1983) parking spaces renders the buildin~ useless. Form ZBI (Continue on other side) REASON FOR APPEAL Continued sary HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- due to the size of the Lot we can not have 15 parking spaces, and 5 paring spaces were adequate according to previous CODE when original Application was sub- mitred, The Planning Board is using NE~ CODE REQUIREHENTS which were adopted after Application to the Building Department was submitted for approval. 2. The hardshipcreatedis UNIQUEand is notshared by all properties alike in the immediate vicinity of this property and in this use dlstrict because this is a Tingle and separate ownership £rom adjacent parcels, and there is no additional property which can be purchased or utilized for additional parking spaces. The size of the building and Plot have been in existence since 1949, Use of the building as a COFFEE SHOP will not require number of spaces required by the present CODE. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because this building has been here since 1949. ALL the other properties are developed, and the USE ia IN CINFORHITY with the ZONING CODE of the Town of Southold, and will NOT CHANGE the character of the District. STATE OF NEW YORK ) ) COUNTY of ) SS Signoture~ Sworn to this ............... I....~., .................... day of .......... - ~Notel~.BPubt~, State o~ New 125850, 8~ffolk Co~nty Term Expires 0ctober 31, TOWN OF SOUTHOLD PROPERTY RECORD CARD ~,,~.~ .~ OWNER STREETI VILLAGE DIST. SUB. LOT F~R OWNE~ ' N W~ ~~ E ' · AC~" ~ ~,/~ ~ ~ ' . W ~PE OF BUILDING RES. S~S. VL .FA~ COMM. ~. MISC. Mkt. Value ~ND ~ IM~:,,:,, ~:, ,,: TOTAL . DATE. R~RKS ~ ~.. ~e ~ ~-[-~ ~e. AGE BUILDING CONDITION N~ NOeL BELOW ABOVE FA~ Acre Value Per Value Tillable I / Tillable 2 - Tillable 3 W~land Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plot DE~H ~ ~ ~ ~ BULKH~D Total ~K / ~ COLOR M. Bldg. .~(~'~ 0 ~ / 0 ~ 0 Foundotion ~ . Bot~ / Dine~e ~tension ~X i3': --_..~0~t~Lb ~oo Basement FI~ 7>/..vU K. ~tension Fire Place .~,3 Heat ~ ~ DR. Po~h Recreation Room ~ms 2nd Flor FIN. B. Porch ~rmer Br~zew~ Driv~ay ~rage Patio O.B. Total I~j ~zcoxc ~ ~ SURVEY OF ~ ~'." ~ ~ ,:~ PROPERTY ~ ~ ~ ~ A T SOUTHOLD ~ ~.~ ', ~"~*~" ~ -~TOWN OF SOUTHOLD ~ SUFFOLK COUNTY, N. Y. / ~ Scale I" ~ ~ ~ %" ~ ~l~ ~o, CER T/F/ED TO' o~ 57.00' r~ ~-~ SUFFOLK COUNTY N~ TIONAL BANK N 11'23'00" W WES BEDNOSKY~ Jr. N/O/F SOUTHOLD FIRE DISTRICT Prepcred in cccordonce with the minimum stondcrds for I/tie surveys os esleblished by lhe L.I.A.L.S. end opproved end edopled /or such USe by The New York Slefe land T/lie A$coclellon. MAIN ROAD S~UTHOLD~ N. Yo ;ff97T 49668 88 466 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 SCOTT L. HARRIS Supervisor Fax(516) 765-1823 Telephone (516) 765-1800 Andreas E. Markakis 1575 Founders Path Southold, NY 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 23, 1990 RE: Site Plan for VFW Building s/w side of Boisseau Avenue Southold SCTM9 1000-62-1-16 Dear Mr. Markakis: The Planning Board has reviewed the enclosed map showing the parking arrangement for your proposed restaurant. Please have your surveyor place these parking spaces on the new map together with the following statement: The dining area will haw~ a maximum of 12 stools or chairs and be not more than 400 square feet in area, exclusive of restroom area. Upon receipt of the revised maps showing the requested changes the Planning Board will proceed with its review. The Board will require Health Department approval on the five copies of your final map. If you have any questions or require additional assistance please contact this office. Very truly yours, Bennett Orlowski, Jr. /~ Chairman Encl. cc: Gerard P. Goehringer, Chairman, Zoning Board of Appeals Scott Harris, Supervisor Harvey Arnoff, Town Attorney Victor Lessard, Principal Building Inspector Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTI~ L. HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765-1800 March 23, 1990 Andreas E. Markakis 1575 Founders Path Southold, NY 11971 RE: Site Plan for VFW Building s/w side of Boisseau Avenue Southold SCTM# 1000-62-1-16 Dear Mr. Markakis: The Planning Board has reviewed your site plan revision of March 19, 1990. The parking spaces as indicated on the map do not meet with the Board's approval and the off-street parking requirements of the Town Code, (Article XIX), Parking and Loading Areas. As shown on the revised plan, parking space number one (1) requires a car exiting this space to back over the entrance apron. Parking space number two (2) leaves only a nine (9) foot clearance for cars passing this space and the concrete wall. Parking space number four (4) prevents a safe turn at the southwest corner of the property. A car turning at this point will be in close proximity to both the parking space and the corner of the building. Finally, one handicapped pa~king space is required by State law to be located at the shortest possible accessible route to the entrance to the building. Parking spaces for ~hysically handicapped people must have an adjacent access aisle sixty (60) inches wide. Please have your surveyor place four (4) parking spaces on the map that will assure reasonably safe and useable ingress and regress for the transient use of customers. The following statement must also be placed on the map: The dining area will have a maximum of 12 stools or chairs and be no more than 400 square feet in area, exclusive of restroom area. If you have any questions or require additional assistance please contact this office. Very truly yours, Bennett Orlowski, Jr. Chairman cc: Gerard P. Goehringer, Chairman, Zoning Board of Appeals Scott Harris, Supervisor Harvey Arnoff, Town Attorney Victor Lessard, Principal Building Inspector 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- r~TATE Ri'lAD 25 SI3LITH~3LD, L.I., N.Y. '1'~c3'7'1 TELEPHONE (516) 765-1809 January 26, 1990 Mr. Andreas Markakis 175 Boisseau Avenue Southold, NY 11971 Re: Appl. No. 3872 - COMPASS TRANSPORTS (Variance). Dear Mr. Markakis: 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 commencing 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 Mr. Howard Packman Office Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 SCOTt L. HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765-1800 February 28., 1990 Andreas E. Markakis 1575 Founders Path Southold, NY 11971 RE: Site Plan for VFW Building, S/W side of Boisseau Ave. Southold SCTMg 1000-62-1-16 Dear Mr. Markakis: The Planning Board has reviewed your application for the above mentioned project. The Board notes that the length of the parking spaces varies from seventeen (17) feet to eighteen (18) feet on the map dated May 25, 1989. The Southold Town Code Article XIX, Parking and Loading areas (Section 100-191-C) indicates that the minimum length shall be nineteen (19) feet. However, if the stall is lengthened to nineteen (19) feet the traffic aisle may not be wide enough to permit all makes of cars to safely pass another car parked in this stall. Please submit a revised a parking layout in conformance with the town code specifications. The location of a dumpster should also be shown on the map. If you have any questions or need additional information please contact this office. Very truly yours, Bennett Orlowski, Jr. /~ Chairman cc: Gerard P. Goehringer, Zoning Board of Appeals~ C°O ~1o~ Town Hal/, 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE [516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 19, 1989 Andreas Markakis 1575 Founders P~th Southold, NY 11971 RE: Andreas Ma~kakis SCTM 01000-62-1-16 Dear Mr. Markakis: The following action was taken by the Southold Town Planning Board on Monday, May 15, 1989. WHEREAS, the Planning Board has reviewed the Engineer's report dated May 5, 1989. The report states that the maximum allowable parking which could be provided is limited to three spaces (the diagonal parking stalls $1, 2, and 3). The report also states that these three spaces could be used by a majcrity of vehicles if caution is exercised entering and exiting; and ~qEREAS, the required number of parking spaces for a restaurant, as described in Article XIX o~ the Town Code, is 1 space per 3 seats or 1 space per 100 square feet oE floor space, whichever is grea~er. The building area for the proposed site plan is 1,547 sq. ft., thus requiring 15 parking spaces. The proposed plan is for 15 seats, thus requiring 5 parking spaces. As per the code, 15 spaces are required; and WHERP_~, a restaurant is a use which creates a large volume of vehicular and pedestrian traffic. With this particular use it is not possible to design the site so as to ensure that individuals will use the site with caution while exiting, entering, and driving around the site. It is alsq not possible to restrict cars which are larger than the majority of cars, from using the parking area; and WHEREAS, based on the Planning Board's review and the Engineer's report on the number of parking spaces for the site, the Board ~.feels that there is insufficient parking for the proposed use; and be it therefore, RESOLVED that the Planning Board deny the application. Very truly yours, __ BENNETT OI~LOWSKI ,JR. CHAIRMAN jt FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No...Z.'l.'l. 8..C).6 ......... Date July 26 19 83 THIS CERTIFIES that the building . .P?.e.-:e..x.i.s.t.i..ng ................................. Location of Property fl~ BOIS.S..E~.,U....A..V~... .................. $O1J. tholct County Tax Map No. 1000 Section . · .0.~.2 ...... Block ....Q'I ......... Lot ....Oq6 ....... ~. · Subdivision ............................... Filed Map No ......... Lot No .............. conforms substantially to the Application for Building Permit heretofore ~ed in this office dated ...................... 19... pursuant to which Building Permit No ...................... dated ............................ 19..., was issued, and conforms to all of the requh'ements of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... .. For .a.n.. 9~9.e .e.q.u.i~.r~e]g~c..s~le~ .BusLnesm .as. a.Dpro~rad .b.y..the ........ Planning Board The certificate is issued to · 0.O. lWjPAS~ . TRg_NSPORI'2S. S.g. ............................. · ' [owner, le~e or ~ of the aforesaid building· Suffolk County Department of Health Approval . .N.. f.g. ..................................... Pending UNDERWRITERS CERTIFICATE NO .................................................. Building Inspector R~. 1/81 T ' HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 TELEPHONE 765-1938 July 26, 1983 Mr. Andreas Markakis 1575 Founders Path Southold New York 11971 Re: VFW Hall Site Plan Dear Mr. Markakis: The following action was taken by the Southold Town Planning Board, Monday, July 25, 1983. RESOLVED that the Southold Town Planning Board approve the Site Plan "VFW Hall" located at Scuthold, subject to a one year review and an on site field inspection by the Plan- ning Board prior to the issuance of a certificate of occupancy. cc: Building Department Very truly yours, HENRY E. RAY/qOR, JR., CHAIRMAN SOUTOLD TOWN PLANNING BOARD By Susar~E. Long, Secretary 10001~ THE NEW YORK BOARD OF FIRE UNDERWRITERS D.S BUREAU.OF ELECTRICITY t 85 JOHN STREET, ~ YORK, NEW YORK 10038 o.,. July 26, 1983 ~.plic.,i.. ,Wo. o. fi,. 224650-83 N 6 1 0 8 2 S THiS CERTIFIES THAT only the ~trlcvd equipn~nt a~ descrlb~d b~lo~ end introd~eed by th~ applicant named on the abo~e applice~on nu n~ber in the premlse~ of O~.pass Transport S.A., ~oisseau Ave. Rt. 25 & ~,,?~1 Ave., Sou~hold, N.Y. ~ ~ exami~ed on and found to be in compliance with the requirements of this Board. July 18, 1983 - fiXTURE [ ~ FIXTURES RANGES COOKING OECKS i OUTLETS E~CEPTACLES SWtTCHES[ FLUORESCENT DRYERS SERVICE ~SCONNECT 1 !2.0 c~ OTHER APPA~TUS: ~ NO. OF [ S E FUR'NACE MOTORS FUTURE APPUANCE FEEDER~ !SPECIAL REC'PT' R OVENS IDISHWASHERSr EXHAUST FANS V I C 3/O MULTI-OUTLET SYSTEMS NO. OF F~ET 1 DIMMERS 3/0 Town Harbor T ~ne This certific='~e must not be altered in any mannerr return to the :°t~"me of the . I spector HOME TITLE DIVISION CHICAGO TITLE INSU~ANCE COMPANY COUNTY OF SUFFOLK) )ss. STATE OF NEW YORK) TITLE NO. 8908-03842 THIS is to certify that COMPASS TRANSPORTS S.A. PANAMA is (~) the owner(~ of record of a described parcel on the West side of B0isseau Avenue Dist. ]000 Sec. 062.00 Block 0].00 Lot 016.000 THAT it acquired title thereto by deed dated 2/70/83 recorded in Liber 93]7 cp 82 on 2/]8/83 ; that I have made a search of the records of the Suffolk County. C.lerk and/or Registrar's Office, and that said search shows that neither the said owner nor any predecessor in title of the said premises owned contiguous property at any time since 1957 except as follows: NONE THAT the applicant herein does not own any con~tiguous property except as follows: NONE This certification is made with the intention of the reliance thereon by the Board of Appeals and/or Building Department of the Town of SOUTHOLD. ELDRIDGE MILLS LAW DEPART~ENT Sworn to before me this 7th day of .~0vember, 19 89 Notary Public, Suffolk C~unty, N.Y. RONALD KANKA NOTARY PUBLIC, State of New York No. 52-~153235, Suffolk County c~,~i~,~o. ~×~i~.s ~_ -Da" -~ / SUBJECT PREMISES: Dist. 1000 Sec. (Described parcel on West side of Leon Stepnoski and Alice Stepnoski, his wife to Veterans Headquarters Inc. 062.00 Blk. Ol.O0 Lot Boisseau Avenue) Dated: 10/11/48 Rec'd: 11/12/48 Liber 2894 cp 58 016.000 Veterans Headquarters Inc. to Compass Transports S.A. Panama LAST OWNER OF RECORD Dated: 2/10/83 Rec'd: 2/18/83 Liber 9317 cp 82 PREMISES ON NORTH: Dist. 1000 Sec. (DESCRIBED PARCEL) Charles E. Langdon and Amelia V. Langdon, his wife, as tenants by the entirety to Pauline Bednoski 062.00 Blk. Ol.O0 Lot Dated: 6/21/27 Rec'd: 7/5/27 Liber 1280 cp 575 017.000 Laura P. Young (the grantor being the same person as Laura B. Carey, who acquired title as residuary devisee under LW&T of Pauline Bednoski, dec'd to Wesley Bednosky Jr. LAST OWNER OF RECORD PREMISES ON EAST: BOISSEAU AVENUE Dated: 3/14/89 Rec'd: 4/10/89 Liber 10833 cp 95 PREMISES ON SOUTH: Dist. 1000 Sec. 062.00 (DESCRIBED PARCEL) Leon Stepnoski and Helen Jernick, indiv. & as Executrix under the LW&T of Alice Stepnoski to Joseph Ciardullo and Sophia Ciardullo, his wife, as tenants by the entirety Dated: Rec'd: Liber Blk. Ol.O0 Lot 015.000 5/15/56 5/16/56 4113 cp 206 -continued- 8908-03842 Page 1 PREMISES ON SOUTH: (CONTINUED) Joseph Ciardullo and Sophie Ciardullo, his to Walter Adamson wife Dated: 3/19/69 Rec'd: 3/20/69 Liber 6522 cp 561 Walter Adamson to Walter Adamson and Lenore Adamson, his wife LAST OWNER OF RECORD Dated: 11/19/86 Rec'd: 12/1/86 Liber lO180 cp 442 PREMISES ON WEST: Dist. George Henry Stelzer Jr. to George Henry Stelzer Jr. Charlotte C. Catanzaro 1000 Sec. and 062.00 Blk. Ol.O0 Lot 014.000 Dated: 5/3/49 Rec'd: 5/5/49 Liber 2945 cp 438 George Henry Stelzer Jr. to Charlotte C. Catanzaro Dated: 4/12/50 Rec'd: 5/8/50 Liber 3073 cp 125 Salvatore Catanzaro as Charlotte C. Catanzaro, to Ann Araci, John DiCarlo and Michael DiCarlo Exec. of dec'd Dated: 9/9/85 Rec'd: 9/25/85 Liber 9882 cp 330 Ann Araci, John DiCarlo and Michael DiCarlo to Edwin A. Tonyes and Donald Tonyes Dated: 7/10/87 Rec'd: 7/20/87 Liber 10369 cp 07 Edwin A. Tonyes and Donald Tonyes to Edwin A. Tonyes, Edwin A. Tonye$, Jr. Donald H. Tonyes LAST OWNER OF RECORD and Dated: 4/1/88 Rec'd: 5/23/88 Liber 10608 cp 439 8908-03842 Page 2 Receipt NO. 036383 TOWN of SOUTHOLD OFFICE OF BUILDING INSPECTOR Town Hall Southold, New York 11971 Fee for r-] Yard Sale [] [] $ ........ l.~..&,..~.~ .......................... Fee fo~' [] H.I.C, /Fee for Certificate E~]Building Permit [] of Occupancy [--']Misc. .¢ ~ Building Department : FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLDo N.Y. 11971 TEL.: 765-1802 BOARD OF HE/LTlt " 3 SETS OF ~kANS SURVEY ' SEPTIC FORH MAIL .................................... L , ..%. A~"J. ~.-'.; .--~]~ J,.~.:~.c~%~4.i ( , BLDG. DEPT. (Building Inspector) ' ' '? ' T~¢qN OF SOU~OLD ' APPLICATION FOR BUILDING PERMIT Date ..............g~.., 19., INSTRUCTIONS a. Tiffs aePlieation must be completely filled in by typewriter or in ink and submitted to thc Building Inspector, With sets of plans, accurate plot plan to scale. Fee acco:ding to schedule. ,b. Plot platt shmving location of lot and of buildMgs on premises, relationship to adjoining premises or pubic stree or areas, and -' ' . ~aUon. ~vmo a det~led description of layout of property must be drawn on the diagram which is pa~ of tMs app c. The work covered by tMs application may not be commenced before issuance of Building Permit. d. Upon approval of this application, thc Building Inspector will iSSued a BuildMg I'e~it to the app~c~t. Such shall be kept on the premises ava~able for inspection throu~iout thc work:. e. No bulldog shall be occupied or used in whole or in part for any purpose whatever until a Ce~ificate of Occup~c shall have been granted by the BuJldMg Inspector. ' APPLICATION IS HEREBY MADE to the Building Dep~ment for the issuance of a B~lding Pe~it pu~uant to th Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordin~ces c Regulations, for the construction of I)uihl ~,~, additions or allcrauons, or [or removal or demolition, as hcre~ dcscfibe~ The applicant agrees to comply with all apptica~Je laws, ordinances, buikling code, housing code, and regulations, and t admit authorized mspectom on premises ami imL Imihling h)r neccsgaly n)spcclJons, (e.'~P/% ~ -;t&~lt~/~O~ .... /'iX (~at ro..ot apphcant, or name, if a corporanon) .. ..7. ' .... .. ~' ~ ; (Mailing address of applic~t) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder . Name of owner Of premises -%- / ~% - (as on the tax roll or latest deed) ........................ if applicant is a corporation, signature of duly authorized officer. (Name and title of co,orate officer) Builder's License N0 .......................... Plumber's License No~ ~ Electrician's License No ....................... Oil ~r Trade s License No ...................... I. Location of land on wlffcb proposed work will be done ..... · .... House Number Slreet, ' ' ' '~ ....................... amlet " County Tax Map No. 1000 Suction ................ Block 0 / ........ ......... Subdivision ' E)led Map No {Na-~ne) i ............... Lot ............... State existing use and occupancy of premises and intended nsc and occnpancy of proposed con~trnction: a. Emmng use and occupancy ................................ b lnte d d t4.5/ ' ','-' .'' ' ;' · n e use and occupancy ...................... . 3..Nature of Work (check which applicable): New Building ..... ' ..... ' ...... ,~ Rep.air .............. Removal .............. Demolition Addition Alteration ......... ---., r ............... Other Work 4. Estimate'd Costg~.~rqQQ.O. Fee (Description) (to be paid on filing this application) 5. If dwelling, number of dwelling ~:fiits ...... ·, .'-~, ...... Number of dwelling units on each floor...t,-..-~. .... Ifgarage. numberofcars . J · .... 6. If business co unercia or n~"!,~ ......... ~.' :-,:.,]";5 ....., ..................... L. ............ n: ....: ...... .-- ~,-,-,,v,.~.y, at,cch y naturq anu extent of eac. h type of use fo..~p..~. (:Ta,~...;.'2; ' ' ?. '-',,,,,:,,~,,~-, O, ex,st,ng structurcs, fishy: Front .... ~:~.O.,.' ...... Rear ....-3. Z ./ ......De;th ":~--~--3~ si.on of same stmctt,re with alterations or a tinn';' Fro : '. .- . ',~l~'~'.~ '~', ',le~.'~ ...... ~ ~ClL;I t .,~,~r,. -./~.C..L.".._ ..... ~, .... ' ................ 8. DimensionsolrL~n-ttre.'no~donstniction: Front ~C)' - ..,~ . pmm~c.r, ofi~tor~es ....~3.c.,~:L~; .~.~_.c.., ..... ............... ~ear ...:~...~. ........ Depth . ,?..C)f. ...... Heght .7%1' ... , ..... 9..:,tze &lot: Front .7.~" ',~ ....... '";-',: ............................ 10. DateofPurchase /4,~.~ .............. ~ear ....... /.-D ............ Dcpt~ .~.O../ .. ' ..... Zone or u-~ -':-' ' - ' . . . ............. Name of Former Owner . .V'. i~..l.~. . .. I 1. :,~ m~tr,ct m wmcn pre:roses are situated ...... .~..::~ ............................ Does proposed constructmn violate any zoning law, ordinance or remdation: ..... .~..D .................... 13. Will lot be regraded ...... N.O. · · · W II cxces~ fill I)c ' · 14. ' ............. Name of Owner of t~re,n scs (.'o,¢//~s~ --~.oa~mz,.~.~--; ' ' .~:: · removed from prem,scs. Yes Name of Architect ............. Name of Contractor . .*. , · ............. Address ¢._h:qZc 23-/c,~3 ,, .. ...................... Address .................. l)hone No .... , · · IS.Is this proporty located ,,,tithin3¢)O leer of n t:ida. I wetland? *YI':S...~:''' ~lf yes , Southold 'l'¢),~n 'rru:;t ce:; fermi t m;.~y lie r(~qu] red. ' ' ' ]~ ... ]'LOT I)IAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block nmnber or description according to deed, and show street names and indicate whether interior or comer lot. APPROVED AS NOTED FEE: ,:..LD. -- NOTIFy BUILDING DEPARTMENT ~'~' 765-1802 9 AM TO 4 PM FOR THE FOLLOWING INSPECTIONS ~- ~:OUNDATION . TWO REQUIRED FOR POURED CONCRETE 2. ROUGH ' FRAMING & PLUMBING 3. INSULATION .,, 4. FINAL : . CONSTRUCTION MUST BE COMPLETE FOR C.O. ALL CONSTRUCTION SHALL MEET THE REQUIREMENTS OF THE STATE CONSTRUCTION & ENERGY TATE OF NEW~_ORI.K~/~ fl OUNTYOF..%~.~.:~./..~'~. S.S CODES. NO1" RESPONSIBLE FOR ,Dye namedt.~r .... b'.' ',.',~ .... .. '.' .................. , m ~ ~y swot t e ~osea ant says that he ia the applicant is the . (ContractOr~corl)oralc officer e'tc ............................ , .) said owner or owners, and is duly authorized to perform or have performed the said work and to m~e and file this plication: that all statements comaincd in this application are true to the best of his knowledge and belief; and that the ,rk will be performed in the rammer set forth in tim application lilcd therewith. 'OHI 10 [)cl'ore Ine ........... ::c ....... , (Signature of applicant) DE:PARTMENT OF PLANNING COUNTY OF -' PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5513 ARTHUR H. KUNZ February 1, 1990 Town of Southold Zoning Board of Appeals A~ppltcant: Compass Transports Mun. File No.: #3872 S.C.P.D. File No.: SD-90-1 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced applicationwhich has been submitted to the Suffolk County Planning Co~ission 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: With the understanding that premises will be encumbered by a seating restriction, as setforth by the Zoning Board of Appeals. Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN ROAD- STATE: ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHR1NGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. to Article XIII of the Suffolk XX Pursuant Board of Appeals of the following Variance Variance Special County Charter, the the Town of Southold, New York, hereby refers to the Suffolk County Planning Commission: from the Zoning Code, Article XXV Section 100-250 from Determination of SouthOld Town Building Inspector Exception, Article , Section Special Permit Appeal No.: 3872 Applicant: Compass Transports Location of Affected Land: 175 Boisseau Ave., Southold, County Tax Map Item No.: 1000-62-1-16 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 County, Boundary of Existing or Other Recreation Area Proposed County, NY Thruway State or Federally Owned Land 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, or Within One Mile of a Nuclear Power Plant _ Within One Mile of An Airport. a~proval, of. CONMENTS: Applicant is requesting ~%~ ~ site plan before any Certificate of Occupancy or Building Permits can be issued --~ Copies of Town file and related documents enclosed for your- review. Dated: January 30, 1990 Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZ[O, JR. January 26, 1990 Mr. Andreas Markakis 175 Boisseau Avenue Southold, NY 11971 Re: Appl. No. 3872 COMPASS TRANSPORTS (Variance). Dear Mr. Markakis: 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 commencing 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' Office County Planning Mr. Howard Packman 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 particular time. It is our opinion that the date is going to be November 30th. That date could change one week later. We'll know approximately ten days before which is around the 20th of November and we'll then readvertise in the paper and we'll of course inform the applicant and Mrs. Cochran in the same situation. We thank you all very much for your courtesy and have a save trip home. I have before me the Port of Egypt file somewhat a scattered order. We had recessed this hearing on the 21st of September and we came back the following meeting. We had a in special meeting and we advertised for a date which is tonight, and therefore by the nature of what I have just stated, I'm opening the hearing 77 and I'm asking Mr. Lieblein if he would like to address the board? MR. LIEBLEIN: I have submitted in writing a copy of this letter. I don't know if that eliminates the necessity of the copy that I say. I thought it might save the town some money. I have a letter dated November 8th 1989 RAM COURT REPORTING SERVICE (516) 727-3168 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF $OUTHOLD TO: FROM: DATE: RE: Zoning Board of Appeals Planing Board December 18, 1989 Compass Transports SCTM #1000-62-1-16 The following is in response to your request of December 7, 1989 for comments on application number 3872 Compass Transports. The Site Plan application was denied because of insufficient parking for the proposed use. Enclosed please find a copy of the Planning Board's resolution of denial and its reasons for so doing. Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 ..' "2, -~ ~:,~ ~.,' 6'5X PL~N~G BOARD OFFICE TO~ OF SOUTHOLD May 19, 1989 Andreas Markakis 1575 Founders Path Southold, NY 11971 RE: Andreas Markakis SCTM #1000-62-1-16 Dear Mr. Markakis: The following action was taken by the Southold Town Planning Board on Monday, May 15, 1989. WHEREAS, the Planning Board has reviewed the Engineer's report dated May 5, 1989. The report states that the maximum allowable parking which could be provided is limited to three spaces {the diagonal parking stalls #1, 2, and 3). The report also states that these three spaces could be used by a majority of vehicles if caution is exercised entering and exiting; and WHEREAS, the required number of parking spaces for a restaurant, as described in Article XIX of the Town Code, is 1 space per 3 seats or 1 space per 100 square feet of floor space, whichever is greater. The building area for the proposed site plan is _ 1,547 sq. ft., thus requiring 15 parking spaces. The proposed plan is for 15 seats, thus requiring 5 parkinq spaces. As per the code, 15 spaces are required; and WHEREAS, a restaurant is a use which creates a large volume of vehicular and pedestrian traffic. With this particular use it is not possible to design the site so as to ensure that individuals will use the site with caution while exiting, entering, and driving around the site. It is also not possible to restrict cars which are larger than the majority of cars, from using the parking area;and WHEREAS, based on the Planning Board's review and the Engineer's report on the number of parking spaces for the site, the Board feels that there is insufficient parking for the proposed use; and be it therefore, RESOLVED that the Planning Board deny the application. Very truly yours, ENNETT ORLOWSKI,JR. CHAIRMAN jt APPEALS BOARD MEMBERS 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 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. October 30, 1989 Mr. Andreas E. Markakis 175 Boissea~Avenue Sou~hold, NY 11971 Re: Appl. No. 3872 Compass Transports (Variance) Dear Mr. Markakis: This letter will acknowledge receipt of your application for a variance and confirm that the Board Members are individually conducting field inspections and review as may be required by state and local laws during the next couple of weeks concerning your application. In the interim, we ask that the outside corners of the proposed construction be flagged, if not already done so. The public hearing on this application is expected to be held on or about November 8, 1989, at the Southold Town Hall, Main Road, Southold and a copy of the notice of hearings as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to you as confirmation (with the exact time) in the near future. We do sincerely thank you for your continued patience during this period of transition within our department. GERARD P. GOEHRINGER~' CHAIRMAN dff BOARD OF APPEALS, TOWN OF SOUTHOLD In the matter of the Petition of COMPASS TRANSPORTS S.A. to the Board of Appeals of the Town of Southo]d REPLY STATE OF NEW YORK ) COUNTY OF SUFFOLK )ss: WALTER ADAMSON, being that he is one of the owners of the subject property. That your parcel located at Boisseau Ave., duly sworn deposes and says property located adjacent to deponent's property is a corner and Main Road, Southold, NY. and presently leased to Wayside Market. That directly across the street from your deponent's property is a restaurant known as JoAnthony's and diagonally across from your deponent's property is another bar/restaurant known as The Quiet Man. To allow another eating establishment in the same area would completely saturate the area with high volume traffic and business.creating serious parking problems. As it is, patrons of the two eating and drinking establishments use my parking lot after 6:00 P.M. without my consent which creates a serious problem. Refuse is thrown onto the property nightly, and the automobiles cause damage to the property through their carelessness. We have damage now in the side of our building from the cars crashing into the walls and I am required to replace the leaders and downspouts on the building at least three times a year. To allow another restaurant with only five parking spaces would be a disaster. I therefore strongly object for reduced parking spaces. for another restaurant. WHEREFORE, applicants in all respects. Sworn to be~re me ~/ day of to the granting of any variance It just simply is not the place petition should be dismissed ZWalter Adamson STATE OF NEW YORK, COUNTY OF Suffolk 1, Betsy A. ~i~econd Street, o{ age and reside at On ' COMPASS TRANSPORTS SA _ f ANDREAS MARKAKIS ~.~ ~'~ 17~ BOISSEAU AVENUE ~ THO y 11971 bci.g sw()rn, say; I am not a party to the action, am over 18 years Grenport, New York 11944 August 10 19 89 1 served the within Reply se.la I)~ depositing a tr.e cop~ Ihcrcof enclosed in a ).st- ~aid wrapper, in an .fficial depository under II)e excl.sive care s~ M~il alia r.sto(ls of thc U.S. Poslal Service within New Yo~k Stale, addressed Io each of Ihe following I~rsons at the last P~s0nal ])} delivering a tH,e copy Ihcle~,f prrsonally to each pcrson named I,ch)w al thc nddr~s indicated. [ knew each person s..i. ~. served lo be thc person mc.tioncd and described in said papers as a party therein: .I)<~BETSY A}. ~KALIN - ~ 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 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 Ordi- nance, Article XXIII, Section 100-239d, (Article ILIA, 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 XXII1, Section 100-239d A, as disapproved, for permission to construct addition to ex st ng one famdy dwelhng and accessory building, propos- ed 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. Appl. No. 3881- WARREN AUGENTHALER. Variance to the Zoning Ordi-' nance, Article III, Section 100-33, for permission to con- struct accessory building in.fO frontyard area. Property Loca- tion: 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 dwell- ing). Property Location: 61339 Main Road, Southold, County 'lhx Map No. 1000, Section 56, Block 1, LOt 41. 7:51~gm. Appl. No. 3873-- VINWALETILIC. 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 'I~ Map No. 1000, Section 117, Block 7, Lot 7:55 p.m. Appl. No. 3879-- CHARLES MALONE. Variance to the Zoning Ordi- nance, Article XXIII, Section I00-230C (1), 100-231 A., for permission to construct a 6 ft. fence in frontyard area, fence ex, ceeds 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 XXIII, 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-9 tion: 785 Wilmarth Avenue, Grcenport, 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 'Pax 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- perty Location: 16705 Main Road, Route 25, East Marion, County Tax Map No. 1000, Sec- tion 23, Block I, LOt 14.6. 8:15 p.m. Appl. No. 3888-- ERNEST TARMIN. Variance to the Zoning Ordinance, Article III, Section 100-33, for permis- sion to construct Accessories; pool, tennis court and shed in front yard area. Property Loca- tion: 29823 Row off Main Road, Orient, County 'Pax Map No. 1000, Section 14, Block 2, LOt 1.10. 8:20 p.m. Appl. No. 3887-- MARK AND ELLIE GOR~ DON. Variance to the Zoning. Ordinance, Article III, Section 100-33, for permission to con- struct a tennis court in frontyard 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. Variance 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 ~ 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 Ill, 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 1, Sec- tion 106-20), for approval of in- sufficient area in this pending division of land. Property Loca- tion: South Harbor Road, Southold, County Max Map No. I000, 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 Location: Route 48, Cutchogue, County 'lhx Map No. 1000, Sec- tion 96, Block 4, Lot 4.3. 8:50 p.m. Appl. No. 3896-- JERRY GAMBONE AND KES ZAPKUS. Special Exception to the Zoning ordinance, Article IX, Section 100-91, for permis- sion to have Office/Retail business on first floor and resi- dential rental apartment on sec- ond floor. Property Location: 55415 Main Road, Southold, County '13x Map No. 1000, Sec- tion 62, Block 1, LOt 12. f8:55 p.m. Appl. No. 3872--k~ ~2OMPASS TRANSPORTS. ~ ~. esolution 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 com- merits 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 call 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 IS HEREBY GIVEN, pursuam so S~alon 267 of the Tayto Law and the Code of the Town of So.bold. the fdinvrin8 begones be held by the SOUTHOLD TOWN BOARD OF APPEALS at · Regular Meetin$, at tbe Seutheid Town Hail Main Read, S~a~old, NY 1197I, TUESDAY, DECEMBER 19, 1989, at the fdinw~ng time~: ?:~0 p.m. AppL No, 3870 blATrHEW CUSUMANO. Variance so the Z~ain. Ordinance, A~nicle XXIll, Section 100-239d, (A~ichi ILIA, Section 100-30 A.3) as disap- I~oved, for petmlssino to ~onsuuct a deck and other additions, p~oposed constmcdo~ will be less than 75 ft. ftem water ay weOands and w~l have insufficient front and ~at yard set- becks. Pr~eny Location: 435 Briar- wood Lane, Cutchogue. County Tax Map No. 1000. Section 136, Block 01, Lot 01. 7:35 Ixm. AppL No. 3868 -- CHOLAS NICKOLAUS. Varian~ to the Zoning O~nance, A~cle XXBI, Section 100-239d A, as disappeared, for permission so construct addition to exi~in8 one f~.nily dwelling and ac~ssmy buildins, proposed ~on- stmction is less than 100 ft. from bluff of Sound in this R-80 Zooe District Property Location: 17555 Soundvinw Avenue, Southofd, Coonty Tax Map No, 1000, Sec6oo 51, Block 1, Lot 2. 7:40 p.m. AppI. No. 3881 -- WARREN AUGENTHALER. Va~i- ~ Section I00-33, for penni.inn to co-t~uuct accessory hutidin8 in f~nt- 7:45 p.m. AppI. No. 3893 -- MI~EL AND CLAIRE GLEW. V~ to the zonm8 Ordinance, 280~SrApl~oval of Access Right-of- Way, (A~cle XXVIII, Sec~on 100- 281 B, conltmct a one family dwelling), property Location: 61339 Main Road, Southold, Coonty Tax Map No. 1000, Section 56, Block 1, Lot 41. 7:50 p.m. Appl. No. 3873 VINKO NALETILIC. Variance to the Zoning Ordln~c~, A~cle '~ A, Sec- tion 100-30 A.3, fo~ penniflion SO construct a deck addition, construction exceeds pennittod lot coveras¢ of thi~ R~IO ~ District. Pm~y Location: 780 Orc~rd and 1300-2nd Street, Naw Sdffoik. C~Jmy Tax Map No. 1000, Sec~on 117, Block ?, Lm 22. 7:55 p.m. Appl. No. 3879 -- CHARLES MALONE. Yafian~e so Section 100-230C (I), 100-231 A., for pem~i~sion to conatmct a 6 ~t. 8:00 p.m. AppL No. 3886 -- Sec~en 100-239d (C). for I~nnis~ion 8:05 p.m. AppL No. 3894 JOSEPH AND LAWRENCE ins Ordinmc~, A~de XX]V. Scion gazebo in front yard area. Proper~y Location: 16705 Mvl~l~' Gad, Route 25, East Marion, Ct Tax Map No. 1000, Section 23~BIock 1, Lot 14.6. 8:15 p.m. Appl. No. 3888 -- ERNEST TARMI~. Vadanc~ to the Zoning Ordinance, Article III, Section 100-33, for permission to l~tty Location: 29823 Row off LIO. MARK AND ELLIE GORDON. A~icle ITl. Section 100-33. for per- 1019 Private Road #7 Fords Road, 1000. Section 87, Block 1. Lot 18.4. 8:25 p.m. Appl. No. 3891 -- to the Zonin8 Ordinance, Ankle Section 100-32.4 (A), for permission pools not permiued in frontyard area. Propei~y Location: Row off Oregon Road, Cutchogue, County Tax map No. 1000, Section 073, Block 02, Lot 01. 8:30 p.m. Appl. No. 3884 -- DICKINSON/THOMPSON. Aflicle I, Section 106-20, (Adicle Section 100-32), for approval of insufficiem area in this pendin8 ~gulations. Prope~y Location: Main Bayvinw Road, Somhold, County Tax Map No. 1000, Section 078, Block 09, Lot 30. 8:35 p.m. Appl. No. 3889 -- TI- MOTHY AND GEORGE WELLS. Variance to the Zoning Ordinance, A~icle I~ A, Section 100-30 A.3, Bulk and Parking Regulations, (Anicin I, Section 106-20), for ap- proval of insufficient area in this' 8:40 p.m. Appi. No. 3890 -- WALTER GLASSER. Special Ex- ception to thc Zoning Ordinance, Ar- tide IX, Section 100-9 I. for permis- sion for change of usc from Place of We~hip to Office/Apse'Bent. Prop- e~y Location: 475 Beckwith Avmue, S~thold. County Tax Map No. 10~0, Section 061, Block I. Lot 25. 8:45 p.m. AFpl. No. 3882 BIDWELL WINERIES. Special Ex- cepti~ to the Zoning Ordinance. Ar- ticle I~ Secfon 100-30, for approval of ~yasumer tarns and ~tail sales from the Winery. Property Location: Route 48. Cutchogue, County Tax Map No. 1000. Section 96, Block 4. Lot 43. 8:50 p.m. AlYpL No. 3896 -- ~ERRY GAMBONE AND KES ZAPKUS. Spe~al Exception to the Zoning Otxlinance, A~icle IX, Sec- tion 100-91, fo~ permission to have Offine/Rctail business on first floor and residential rental apartment on second final. Property Location: 55415 Main Road, Soothold, County Tax Map No. 1000, Section 62. Block 1, Lm 12. l..u 8:55 p.n. l~l. No. 38'/2 OMPAS$ TRANSPORTS. ti~o to conclude he.ting in i~ 8:55 p.m. AI~I. No. 3770 -- PORT OF EGYPT. P.,n,osed of thc Beard to m-open said heating closed on Nonember 8, 1989. Tbe Board uf Appeah will at said sam or ~ves designs to be heard in ea~ of the above matl~a. Written comments may also be mlUad p6o~ to the conclusion of the subject heatin8. Each heafin8 will Additional time fay your p~smctfion ·dll be avails/aa', if needed. For me~ information, please call 765-1809. Dated Decen~er 4, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS yard area. Prepe~y Location: 7225 ANTHONY BOLLETINO. Variance Location: South Harbor Road, GERARD P. GOEHRINGER Nassau point ~Road, Cutchosue, so tbeZoning Ordinance, A~cleI~, Southold, County Tax Map No. CI~AIRMAN County Ts.x M~lp No. 10~0, Section SeCtioh 100-338 ~'6r permission ia- · - 1000, Section 075, Block 07~* Ldt - *. ~ ..... By Do~e~ Fetwe~da · ~----- F--~~ ............ ~ .... ~-- ?a~r±cia Heaney ofMattituck, ln said ¢ount~, bein9 duly sworn, says that ha/Mm is Principal ~lerk o! TN£ SUFFOLK TIMES~ a Weekly Newspaper, published at Mattituek, in fha Town of Southold, ~oun~ of Suffolk and Stats of New York~ and that tim Notice of which the annexed is a printed eopy~ has baen regularly published in said Newspaper once each waek for 1 weaks successively, eommenein9 on the 7~h day of December 19~9 Principal lerk APPEALS BOARD MEMBERS GERARD P. GOEIJRINGER, 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 TELEI=HONE (516) 765-1809 FAX NO. (516) 765-1823 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 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 Is SAWICKI: There's somebody living MR. upstairs? MR. GAMBONE: MR. SAWICKI: MR. GAMBONE: MR. GOEHRINGER: there anybody else who would Yes. And the bottom is empty? The bottom is empty. Thank you very much. like to speak 64 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 closed the recess ~om~=~ Tr=~=~ Hearing which is 3_~so that we might have time to discuss the file with the town attorney. We have since 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 done he would like to add. MR. PACHMAN: Board, good evening. 65 so and I'll ask Mr. Pachman if he has anything Mr. Chairman, Members of the One of the things that we did discuss last time and you wanted certified was the various areas that existed and I have prepared for the Members of the Board as per your request, and you will note that one of the positions that we took was that there's no definition of floor space in the Ordinance and the only thing they talk about is floor area so by definition, the floor space that we claim to be utilized for this seating capacity of the seats for the restaurant or dining area is designated on the area as being, if you look on the right there's a code there, that's A, 491 square feet, well under 500 feet. So the five spaces that we have we believe as our hardship situation exists. We have discounted obviously the counter space, the kitchen and personnel space, the restrooms and cooler, all the areas that are not public areas which come off th~ square foot area. Therefore, we feel without going through the application again because your list was long and hard last time and I don't RAM Court Reporting Service 216 Court St.,Rlverhead, 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 67 want to belabor it, that we have hardship, and we have practical difficulties here and respectfully request that the application as submitted be granted. MR. GOEHRINGER: Thank you. Is there anybody else who would like to speak in favor of this application? MR. MARKAKIS: Andreais Markakis. Mr. Chairman, Members of the Board, I've gone through a lot for the last five years and hardly managed to keep family in the building closed and unable to work. I will not elaborate on the reasons and the agony I went through. I have in the file police reports, threats of life, all kinds of discriminating things which should not happen in any part of the country. We see so much going outside, so much going on for freedom out of expression. And in this period, although I'm here on the merits of the case I would like to ask you to approve the application. Thank you. -MR. GOEHRINGER: Thank you, sir. Is there anybody else who would like to speak in favor of the application? Anybody that would like to 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 68 speak against the application? Yes, Wes. MR. BERDNOWSKI: Wes Berdnowski. As per the Board's request, a copy of the survey. I don't want to belabor a point either, I think what the whole problem here is not for space or for anything like that, it's parking. Parking on site is inadequate for five cars. If he has to have five cars, five cars will not fit on there. We have a traffic flow problem on Beisseau Avenue and we have a parking problem. As I stated last time, nine driveways within several hundred feet, there's also a fire hydrant, there's also on street parking which is pretty damn nil plus the two corners. The problem is the parking. But I don't want to belabor the point. MR. GOEHRINGER: Any rebuttal? MR. PACHMAN: I didn't see the survey. I would appreciate looking at the survey. I don't see the encroachment. The issue last time was that we were encroaching on his property. I don't have it on my survey. It doesn't show it on that survey. MR. BERDNOWSKI: It shows it very plainly. RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., [5167 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18~ 2O 21 22 23 24 25 69 MR. PACHMAN: Do you want to show it to me? MR. BERDNOWSKI: Certainly. There's a retaining wall and a chain link fence that's on our property line here all the way. MR. PACHMAN: line. it encroaches. correctly. MR. from approximately here It doesn't show that at all. MR. BERDNOWSKI: It certainly does. MR. PACHMAN: It shows it's right on the If it encroaches, it indicates it where You're not reading the survey BERDNOWSKI: I certainly am. You can have a legally blind man go down that property and see that it is encroaching. MR. PACHMAN: Forget a legally blind man, I want someone that can see and show me that it is encroaching. You haven't shown me. MR. BERDNOWSKI: It's on the survey, sir. MR. GOEHRINGER: Is there anybody else who would like to speak with regard to of this application? ~ MR. MARKAKIS: Mr. Chairman, issue seems to be the traffic. We are asking anything more than the place is the nature the critical not entitled, RAM Court Reporting Service 216 Court St.,Riverh~ad, 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 that is the five parking spots. observations and remarks of the 70 Regarding the traffic, I would like these gentlemen to tell us where they were when four years ago I stood before the Town Board regarding the critical issues of traffic, and I have a correspondence exchanged. I'm not going to elaborate because we're only asking for what the place is entitled to get corresponding to the five parking spots. Thank you. MR. GOEHRINGER: Hearing no further comments I'll make a motion closing the Hearing reserving decision until later. MR. SAWICKI: Second. MR. GOEHRINGER: All those in favor? THE BOARD: Aye. MR. GOEHRINGER: Thank you very much for coming in. The nature of appeal number 3770 is an application for the construction of a storage building on the property better known as the Port of Egypt. I'm asking the Board to re-open this Hearing so that we might place at least'one piece of evidence from a member of the community and so that we might ask the applicant for one other thing from him concerning this RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., [516) 7~7-3168 Southold Town Board of Appeals MAIN RnAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONtS, JR. SERGE DOYEN, JR. JOSEPH H. SAWiCK[ JAMES DINIZIO, JR. November 8, 1989 S.E.O..R.A. TYPE II ACTION DECLARATION Appeal No. 3872 Project/Applicants: COMPASS TRANSPORTS (Markakis) County Tax Map No. 1000-62-1-16 Location of Project: 175 B0isseau AVenue, S0uth0]d Relief Requested/Jurisdiction Before This Board in this Project: Approval of site plan before issuance of Certificate of Occupancy. 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 t~is 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. tm 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 MR. ROSS: Everything is separate. MR. GOEHRINGER: Thank you. MR. ROSS: Thank you. MR. GOEHRINGER: Is there would like to speak in favor of application? Anybody who would the application? Any questions from THE BOARD: No. anybody else who this like to speak against the board? GOEHRINGER: In closing this hearing closing it pending a receipt of the requested I'll offer that as a DOYEN: Second. MR. we'll be information Ross and MR. MR. from the attorney Mr. resolution. GOEHRINGER: Ail in favor? THE BOARD: Aye. MR. GOEHRINGER: Thank you very much for 33 Dan coming in. Have a safe trip home. Next appeal appears to be the last appeal except for the opening of a prior hearing which is in behalf of Compass Transports, appeal number 3872. The legal notice reads as follows: For application variance to the Zoning RAM COURT REPORTING SERVICE (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 34 Ordinance, for approval of site plan before any Certificate of Occupancy or building permits can be issued in this Hamlet Business Zoning District (HB), Article XXV, Section 100-250. Property Location: 175 Boisseau Avenue, Southold, County Tax Map No. 1000, Section 062, Block 01, Lot 16. Copy of a survey which ends up to be the closest thing to a site plan property appearing to be approximately 75 by 80. It is improved by a one story framed building of approximately 1,547 square feet. I believe it was the nature of Legion Hall at one time, and we have here many of the aspects of the site plan process shown on this particular map. I have a copy of the Suffolk County tax map indicating this and surrounding properties in the area. The map, by the way, was done by Peconic Surveyors. The most recent date was May 25th 1989. Mr. Packman, would you like to speak? MR. PACKMAN: Yes. My name is Howard Packman. I am the attorney for Compass Transports. My address is 366 Veterans Memorial Highway, Commack, New York. RAM COURT REPORTING SERVICE (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 The principal of Compass Transports is Markakis. This application comes to you by route of the planning board. As you have said, this building has been in existence for some time. In 1983 where the V.F.W. no longer used that building, the planning board approved that site for five parking spaces and there was a resolution to that effect and I have a certified copy of the resolution. Now at that time based upon that approval of five parking spaces a Certificate of Occupancy was issued for the premises and I have a copy of that for you too, Mr. Chairman. And the site was approved and was operated as a printing shop. In 1987 the printing shop was discontinued, and yes, the site plan had showed the five also. As parking spaces. I have a copy here you can see the five parking spaces are on the north side of the building. When the operation stopped, Mr. Markakis, on behalf of his ownership on the property, decided that he wanted to put in at that time, which was a 35 RAM COURT REPORTING SERVICE (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 permitted use a fast food on site and then zoning one car, car for five spaces so the Department 25 parking, 25 seats to under the operation off site. ordinance for each three each -- one for 36 then existing ordinance, to sell Greek delicacies He found out that the permitted parking for each spaces -- excuse me, one each five seats. He had he submitted an application to of Health in Suffolk County for a restaurant of 25 parking spaces, accommodate the parking that was permitted. As this board knows and I think you'll take judicial notice that doing business with the Suffolk County Department of Health takes some time. And after almost two years of submitting revised applications, he did get approval of the seating capacity of 25 seats based upon the five parking spaces and the Health Department granted 1989. Prior to that approval on June 16th in December of 1988, he made an application under the then zoning ordinance prior to which changed to the Building Department of the Town of Southold for RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 renovations on this building so it would accommodate the use that he proposed, the delicatessen fast food operation. And he received the necessary building permits to build this subject to his getting the Health Department, which was still pending before the Health Department and that application with its permits is here for your receipts and information. On June 20th of 1989, June 14, the town changed this ordinance, and as a result of the change of the ordinance the parking ratio changed from the previous one for five to be one for three or one space for every 100 square feet. When he went to the board of the application before the planning board, they said that based upon the existing zoning ordinance as it exists now, we cannot grant you the site plan approval because you don't have a sufficient number of parking spaces. Now gentlemen, if this application, come you would the Health Department had in and approved this application any time understand that 37 RAM COURT REPORTING SERVICE (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 before the change of ordinance in January of 1989, this would have been a perfectly acceptable use. The planning board could not turn it down because the parking ratio and the number of seats that would be required would be adequate under the ordinance. When he ascertained that the number of parking spaces was in inadequate for its use, he revised his interior site plan to provide the number of seating tables inside would no longer be 25 but it would be 15 to accommodate the existing number of parking spaces that he has. And he established an interior plan which you will notice calls for six tables with two chairs per table and three stools at the counter which equals the 15 necessary seats which would accommodate itself because of the necessary parking. Another important observation that this board should realize that this site has been in single and separate ownership since its existence, and he's unable to purchase or get any land on any side that surrounds it because it's in different ownership and it's been 38 RAM COURT REPORTING SERVICE (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 developed to its fullest extent. I have from the Chicago Title Company a. certificate of single and Insurance separate ~ ownership certifying that this parcel has been in single and separate ownership, and even though it doesn't meet all the current requirements of meet all of the requirements. the zoning ordinance, it would single and separateownership The current ordinance as it stands is not very clear as to the requirements with reference to restaurants of this nature. This is not a fast food restaurant, so it falls under the category of restaurant accepted drive which I said was one space per three seats or one space for 100 feet of floor space. That's very important to realize, this term floor space. If you look at the balance of the parking ordinance, it talks about floor area, not floor space. Now floor area is defined in the ordinance as being the sum of the gross of horizontal area. I don't have to tell you what it means. You people are familiar with it and it talks about the total building as the 39 RAM COURT REPORTING SERVICE (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 40 But there's nothing that important. design plan if you use the number of seats, accommodating Markakis intends all circumstances of the totalsquare foot area. talks about floor space and that's Because if you look at the interior that I gave you, the actual floor space that will be utilized for the customer area excludes the area behind the counter, the walk-in cooler and the kitchen. So the very small area that exists around the counter is approximately under 500 square feet, I've been advised. So under the current code square foot area or you use the the five parking spaces will be the number of chairs that Mr. to use which is 15. So under he meets the requisite requirements ordinance. The biggest problem is that again if the current ordinance is strictly construed, the unique hardship and the special conditions that exist to him is different than all the other places in the area. Now if you look at all generally in the Hamlet area, this particular site, the other stores generally around very few of them have RAM COURT REPORTING SERVICE (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 41 adequate, if at all, on-site/off street parking. Most of the area here is basically people who in the streets. We will be able to on site. It's tight, it is an area are parking put our cars which but it is built because of the existing building is adequate to meet the required parking. I have some photographs here to show you how the five cars meet the ordinance and are adequate for the needs. (Handing of photographs.) So the parking is adequate for its needs and does meet the requisite requirements of the ordinance. MR. GOEHRINGER: to mention to the break during the, word middle part but hearing and we'll be By the way, I just want audience that we'll take a actually I hate to use the the center part of this at this anybody very happy to share with the audience everything that has been submitted tonight and we'll lay it right out on the table. And we'll take a five minute break for anybody who would like to look at it and we'll reconvene particular portion of the hearing if would be interested in the information RAM COURT REPORTING SERVICE (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 that was presented Thank you, Mr. MR. PACKMAN: by way of rebuttal. to us tonight. Packman. I would reserve any comments 42 MR. GOEHRINGER: The only thing I would like to have, I realize that this is drawn to scale, but can you give me something that's a little more certified in reference to total area. You don't have to do it right this minute. I'll be perfectly honest with you. do not specifically want to close this hearing tonight. I want to go down and study this. I want to discuss the area of floor space and the I definition that you have planning board and their space. MR. PACKMAN: Well their definition of floor space, I don't think they have defined given us with the definition of floor it adequately and the ultimate person, the ultimate who can define floor space is this board here. MR. GOEHRINGER: I understand that but just in their determination of what they did and I'll ask you that question at this time. How did it end up back here? RAM COURT REPORTING SERVICE (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 sir. MR. PACKMAN: That's a fair statement, MR. GOEHRINGER: But let me just finish this statement though. Can you give me something a little more in the area of approximate square footage of these area? MR. PACKMAN: We'll get that area certified. MR. GOEHRINGER: You can send it to us. PACKMAN: I'll have Mr. Markakis bring MR. it in. MR. MR. Chairman, confusion. GOEHRINGER: Just if you would. PACKMAN: But we're talking about, so I can understand so there's no If I may, I'm going to give you square footage of this area here. MR. GOEHRINGER: You can give me the square footage of the kitchen. MR. PACKMAN: You want each one of those yOU. three items square footage? MR. GOEHRINGER: And the area and the counter. MR. PACKMAN: Okay. MR. GOEHRINGER: Thank 43 Mr. the actual seating RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 MR. PACKMAN: No problem. On May 19th of 1989 a letter was sent to Mr. Markakis indicating that there was a resolution of the planning board which said: Whereas, the planning board has reviewed the engineer's reports, they had gotten an engineer's report, the states that the report maximum limited contrary approved allowable parking which could provide is to three spaces, which unfortunately is to what their own planning board having five spaces on that location. The report also states that these three spaces could be used by a majority of vehicles if caution is exercised entering and exiting. Whereas the required number of parking spaces for a restaurant described in Article 29 of the Town Code is one space per three seats, one space per 100 square feet of floor space, whichever is greater, the building area for the 44 proposed site is 1,547 square feet thus requiring 15 parking spaces. The proposed plan is for 15 seats thus requiring five parking spaces as per the code 15 spaces are required. Whereas the restaurant in this use creates RAM COURT REPORTING SERVICE (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 a large volume of vehicular and pedestrian traffic for this particular use. It is not possible to design the site so as to insure that the individuals will use the site with caution while exiting, entering and driving around the site. It is also not possible to restrict cars which are larger than the majority of cars from using the parking area. And whereas based upon the planning board's review of the engineer's report on a number of parking spaces for the site, the board feels that there's insufficient parking for the proposed use. And therefore the planning board denies the application. Obviously we take the view that there are adequate spaces. We don't need relief from the board, but if so we do come to this board for relief of a variance of the number of parking spaces from 15 to 5 because 5 already exist. Five in our opinion are all that are required, and we don't necessarily agree with the planning board as to the statement that you need 15 spaces under the new ordinance. We say we 45 RAM COURT REPORTING SERVICE (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 46 comply with the five spaces because the floor space is the area, not the floor area as defined in the statute. It is the area where the customers actually go and not to the kitchen area or the refrigerator area. No people go into those spaces or behind the counter. They generate nothing. Now as you know, the area to the south of this property is the Wayside Market. We're on Boisseau Avenue. To the north is a residential house which exists across the way. Directly opposite on the left to the north are residences. To the south bordering on the east, northeast corner is the Thompson Emporium and the Thompson Sportswear. There is off street parking in that particular site. In fact, that's only one of streets between Boisseau and across the street which is Hobart. On the southeast corner is the Quiet Man and to the east of that is the Plymouth new sales car operation, and to the southwest corner is the Main Street Beverage. Slightly to the west of that is Joe Anthony's and then there's some other buildings on the south side of Route 25A. RAM COURT REPORTING SERVICE (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 So this is a very tight Hamlet business area. These are old buildings. They have been here for some time. Old uses that have been here for some time and for many period of time the adequate parking is not the same that you would have when you build a new shopping center or a new store or a new area where you can afford to put off street parking on. And therefore we ask the board for relief based upon the various areas in the neighborhood. As I said there may be some people here who oppose this application and before I proceed any further I would like to hear what they have to say and request the right to give rebuttal. MR. GOEHRINGER: I have only one other question. This gentleman was asked to be restricted to three parking spaces. What is your interpretation or what is your opinion concerning the actual seating capacity of this proposed restaurant? MR. PACKMAN: I'm sorry, don't follow you. MR. GOEHRINGER: You said that this Mr. chairman. I 47 RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 planning board says that all that can be accommodated there are three parking spaces. Then what would be the nature of the seating capacity in this restaurant? MR. PACKMAN: If it only were allowed three? MR. GOEHRINGER: Yes. MR. PACKMAN: We would have to reduce it the current ordinance. MR. GOEHRINGER: Right. MR. PACKMAN: We would have to reduce it for one for every three. We would have to on reduce it to nine. MR. GOEHRINGER: looking for 157 MR. PACKMAN: 15. MR. GOEHRINGER: All speak And you're basically right. I thank you. Is there anybody else who would like to in favor of this application? At this particular time I request that we take a five minute recess. We'll take this information that has been submitted to us with the file and place it on the table. you to place back 48 everything along We ask in the areas that RAM COURT REPORTING SERVICE (516) 727-3168 12 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 have been submitted to us. And I'll ask for a motion to recess. MR. DOYEN: So moved. MR. GOEHRINGER: All in favor? THE BOARD: Aye. MR. GOEHRINGER: I guess we're ready to reconvene. THE BOARD: SO moved. MR. GOEHRINGER: Ail in favor? THE BOARD: Aye. (Whereupon, a recess was taken.) 49 (Whereupon, after the recess, the hearing continued as follows:) MR. GOEHRINGER: Is there anybody who would like to speak against this application? MS. COCHRAN: Mr. Chairman and members of the board. I'm Jean Cochran speaking as a private citizen. Although my husband and I do not own property directly adjacent to the property that's being discussed this evening, we do own property and live across the street from this RAM COURT REPORTING SERVICE (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 establishment. If this variance is granted we are very concerned to adding to an already serious traffic condition. As you are aware, Boisseau Avenue is the last major north/south road heading east until you come to Albertson Lane. All traffic traveling northeast between these two use Boisseau Avenue. they points When the V.F.W. occupied this building held an affair, cars would park on both and sides of the way it is, the one lane. We have the road and with the width of the road highway many times becomes already had this experience and are well aware what will happen if off street parking is not adequately provided. During the busy months cars are often backed up on Boisseau as far as my driveway waiting adds to our homes. Adding to the congestion 50 to exit on to the main road, which also to the congestion. Another problem that exists are when parking is heavy on Boisseau, our driveways are blocked by inconsiderate people. If there is an emergency the proper vehicles could not get through RAM COURT REPORTING SERVICE (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 is the exit drive from Thompsons on Boisseau. Another problem that exists that effects the traffic flow is cars coming out often Boisseau and for some reason they think that my driveway is the entrance to Thompson Emporium. Suddenly they realize their error and whip back on to the highway and this happens every single day. My husband and I are both village people having both been brought up near the villages when we were children. I in Riverhead and Pep in Southold. When pop gave us the land 39 years ago, we were well aware that businesses would be our neighbors. And we have never had a problem with that. We like living near the village. The limited parking presently provided on the site in question is not conducive to use. To exit this property would be worth your life with traffic conditions and parked cars. Your vision would be greatly hindered. Therefore, most customers would park on the highway. In all the time that this shop served as a printing shop, there was not one car, to my knowledge, that pulled in and parked behind the fence, nor does the owner himself. 51 RAM COURT REPORTING SERVICE (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 52 Another question, where will the employees park? I urge the board to consider the conditions as they exist as it will cause a hardship to many people using Boisseau Avenue As a route. It will cause a hardship to the businesses and the surrounding residences and it will heavily add to a very bad existing traffic problem. Thank you, Mr. chairman. MR. GOEHRINGER: Thank you. Is there anybody else who would like to speak against this application? MR. BEDNOSKY: My name is Wes Bednosky, Junior, and I own the property immediately to the north of this proposed restaurant. The statement was made a while ago that he tried to purchase additional land and our family has owned that property for approximately 60 to 70 years and no time was anybody approached about buying our land or any portion thereof. just want to make that point. The other point I wanted to just add on to Jean's statement about the congestion. There's already seven driveways and one fire hydrant in RAM COURT REPORTING SERVICE (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 53 It's a part of the file. else who would like to the immediate area which adds to limit off street parking. Additionally, his site plan includes a portion of his parking lot that is on my property, and if he succeeds in gaining this it will result in legal action on my part because his retaining wall and fence are on our property. Thank you for your time. MR. GOEHRINGER: Thank you. Is there anybody else who would like to speak? MR. ADAMSON: Walt Adamson. I own the Wayside Market property. I believe I have a letter there that I sent. In being in business that I have, I do not see how a man can make a profit on a nine seat place. And if you want to read my letter, you have read it so you know what's going on. MR. GOEHRINGER: Thank you. Is there anybody speak? MS. SILVONIC: Norma Silvonic. I agree RAM COURT REPORTING SERVICE (516) 727-3168 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 with everything that was said. MR. GOEHRINGER: Is there would like to speak? Okay Mr. Packman, MR. PACKMAN: Mr. anybody else who rebuttal. Chairman, let me do this in some kind of reverse order. I don't know if I misspoke, I apologize. I didn't say that we attempted to buy any property in the area. I said it's owned individually by other parties and we're not in a position to buy anybody else's land. I didn't say we made an offer to anyone or attempted to make an offer to anyone, so Mr. Bednosky, no offer was made to you. MR. BEDNOSKY: That's not what you said. You said you attempted. MR. PACKMAN: The record will show what I said. I'm willing to stand on what I said. 54 I don't know about this fence problem that he talks about and his retaining wall and how long it's been there. Do you know how long that retaining wall has been there, sir? MR. BEDNOSKY: It's been there since he first started working on the property. RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 MR. PACKMAN: MR. BEDNOSKY: MR. PACKMAN: MR. BEDNOSKY: years ago. I don't MR. PACKMAN: that time? MR. BEDNOSKY: MR. PACKMAN: Was it there before that? No. When was it put up? Approximately four, five know the exact date. But it's been there since Yes. Thank you. With reference to Mr. Adamson, I have read his letter and I would sure as heck object if I was running his store and someone told me whether I was making not for me to look into that he don't look into my that's really not issue. He talks about the use of cars using his parking lot. I find that anomalous when he's parking in the of the road and when he is parking to be the sidewalk area over there. a profit or not. That's his pocket and I suggest client's pocket. So parking somewhat right of way on what used I don't understand how he can be doing that, but if that's the way it is, I don't think he should impose upon any greater restrictions of his 55 RAM COURT REPORTING SERVICE (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 56 neighbors that he already is doing himself. I have some pictures of the way he parks his cars and you can see that if you go to visit the site and walk down the sidewalk, you see it stops by my client's property and it's all blacktop where he parks his cars and he also parks his cars in front of the building, which is apparently also in the right of way. We're trying to operate this property. This property is lawfully zoned the way it is. We have the right to use this property. The property has the adequate number of parking spaces that were approved by the planning board. The very essence of what this board does is to relieve people from the strict compliance of the zoning ordinance. That's why you exist. That's why you grant variances every time you grant a variance. You are varying the strict compliance of the law. asks for a argue that So my client's application which variance if one is necessary and I one is not necessary that it is improper to say why aren't we giving strict compliance with the law. It is also interesting to note that RAM COURT REPORTING SERVICE (516) 727-3168 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 57 several cars I am told that are either employees of Mr. Adamson and the Wayside Market constantly park in front of the property of my client and uses that as a parking area. And I think if you check the license plate on one of those cars, which I think I gave you the picture, you'll find that they seem to be parked in front of that building very often. Again, I think that those comments and criticisms don't go to the merits of the argument and I suggest that this board handle this matter on the merit as it is legitimate application being made and that the use of this property is properly used. a NOW Mrs. Cochran who comes as an interested citizen who lives down the block should know in her public capacity that the handling of traffic is a police matter not before this board of appeals. That the people who park in her driveway or block her driveway is not as a result of my client doing business there. That's a result of the way the street is located and where it is located, and he should not be the one who is visited upon the ills because there is a poor traffic flow at that RAM COURT REPORTING SERVICE (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 particular operate Adamson junction. He should be allowed to his business the same way that Mr. operates his business and the same as Mr. Bednosky whatever he does at his particular house and Mrs. Cochran getting in and out of her driveway. So it should be understandable that she should be tolerant of what is going on here and try to make an accomodation as how we can work this thing out together. Now the board chairman mentioned what would be the fact if we only had three parking spaces there. I would suggest to you that as an accommodation, if you provide for the three parking spaces then we ask you to vary the number of seats we can have from 9 to 15. So we will go along with the application if that is the wisdom of this board that we use three parking spaces on site and permit us to vary the number of seats that we can have from the 9 to the 15. So we would accommodate the situation to work something out to be neighborly with our neighbors. And I trust that we can do that. My client has expended substantial sums of money, in excess of $27,000 buying equipment 58 RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 59 with the understanding and hope, the thought that he was when he got the Health Department permit and we submitted the permit before the Building Department based upon the five that the zoning became unfair. which is another reason why that it would be approved spaces and then found out ordinance changed. Then it So he has a financial hardship, this application should be granted. So I think in over this carefully. I know it will listen application on the pro side and it will to the application of those who oppose go to the listen toto this board I know will and to all the parties. But again the strict application of this ordinance, the unnecessary hardship and all the it try to work something out which will be fair requisite criteria that go into granting variances have been established and do exist under the very reasons why this application should be granted. The adjacent properties which have the uses that they have that have existed for some time should not be allowed to be an inhibiting factor to my client's right to RAM COURT REPORTING SERVICE (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 which is properly zoned, has the right to be used. Chairman. I just want to give Adamson so that he may review use his property, properly located and Thank you, Mr. MR. GOEHRINGER: pictures to Mr. them. MR. PACKMAN: Can I just make one statement? MR. GOEHRINGER: I review them. Mr. Packman, while can I just ask you somewhat unique to just wanted you to they're reviewing a question? It seems me that in the notice of disapproval, and this has applications these them, and the reason I'm addressing this nothing to do with prior that you have brought before us, do come before us with some there's no question about Thank you, sir. I accept It's meant to be a 60 but definitely you unique applications, it. MR. PACKMAN: that as a compliment. MR. GOEHRINGER: compliment. It appears that we're definitely dealing RAM COURT REPORTING SERVICE (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 with site plan requirements in the notice of disapproval. Ail MR. PACKMAN: are not site plan requirements. based upon the a zoning board right. No. The parking requirement requirements. They are zoning parking spaces number of seats The number of usage and the requirement. MR. GOEHRINGER: So your contention is that it is definitely a zoning board requirement? MR. PACKMAN: Well, we need site plan approval. I'm not suggesting that we don't. But I'm saying to you that if you look at the ordinance specifically 100-191, which is the is Article 29 which sets parking requirements, requirement and the relief from that is forth the off street that's a zoning ordinance only one who can grant this board by way of 61 variance. And within that section it defines the use and the number of spaces that are required within that use. MR. GOEHRINGER: Okay. MR. PACKMAN: Again I suggested to you, sir, before in response that if I may amplify RAM COURT REPORTING SERVICE (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 that under the ordinance before the change the number of parking spaces required was one to three and no square footage requirement. And again if this application, Health Department holding two years and that if it wasn't for the this thing for up to application was submitted before the change zoning ordinance, proformer application. of zone, the change of the this would have been a So therefore that's the uniqueness of the problem and the hardship that we have. MR. GOEHRINGER: Okay. Mrs. Cochran. MRS. COCHRAN: Mr. Chairman, I would just like to clarify my only concern for being here is not only my driveway. It is the complete congestion in the area that we currently have. You don't knowingly add to already there. Thank you, sir. MR. GOEHRINGER: and the traffic problems It's already a mess. the mess that's Thank you. MR. BEDNOSKY: I'd just like to bring to the board's attention that the photographs submitted would take on a little bit different 62 RAM COURT REPORTING SERVICE (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 aware context in their proper place because there is approximately one foot difference on that side line where he has built on our property. MR. GOEHRINGER: Mr. Packman, are you of any encroachment on their property? MR. PACKMAN: No. I would like to speak 63 if the retaining wall and the fence were to my client, if I may? MR. MARKAKIS: Good evening, Mr. Chairman. appreciate highly comments concerning public I safety. I brought matters of public safety to the attention of the town board five years ago. I stood before the board right here. I wrote again and again for conditions which should concern the neighborhood, and for which Mrs. Cochran today speaks, she was there at the time five years ago, six years ago. She wouldn't speak. Life threatening conditions, we have experienced facts. I went before the board requesting that they do the proper things to obtain a traffic light at the intersection. I was told this was a matter for the state, but I did bring this to the board and I have a letter RAM COURT REPORTING SERVICE (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 64 of thanks from the supervisor on that. It took a lot of pain, lots of agony. My children could not approach my building and they couldn't come anymore to help me make a living because of the conditions of the traffic next door. Cars backing up, injuring people. It took a lot of pain until the town board decided it was about time to put a dividing line across the street, Boisseau Avenue, going all the way up. So many years we had to see a two-year old child being killed about a mile up until they woke up. TO divide, to put the dividing line and also observe a speed limit of those cars going up and down at high speeds. So life threatening conditions did exist five, six years ago. The sensitivity that comes to surface today did not exist at the time, and I do appreciate that sensitivity when it comes to public safety and human life very much. I insist on that. It's a matter of record. My letters have been at the supervisor's office. I have had some unsatisfactory answers from the supervisor and from the superintendent of the highways at the time. The matter was going back RAM COURT REPORTING SERVICE (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 and forth. I was trying to eliminate dangerous conditions. And perhaps this left a certain unfavorable flavor against me. At any rate, this is the position of life threatening conditions. As far as my neighbors, Mr. Bednosky's remark about purchasing the property, he not know what approaches I made to his she had the title before she passed it does When I was trying to negotiate and she she would rather have him take over half. So he doesn't know what went scenes. At any rate -- MR. BEDNOSKY: Nothing could scenes when I own the property. MR. MARKAKIS: At the time, sir, not own 50 percent of the property. Laura Young and it's on the record. As far as monument, if you stand at entrance of the property which is 75 feet you see the northern part on the right, monument, and you see the curb and the inches inside my property, not outside. this is a matter of fact. All right. 65 aunt when to him. felt that the other behind the go behind the you did It was the wide, the fence 18 But So I RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 won't argue that. As far as to profit making, what Mr. Adamson proposed for doing business, he got the answer from my attorney. The only thing I would ask if you have your own nest dirty, don't mess around with the neighbors. I could elaborate. I believe in living and let living. MR. PACKMAN: Mr. Chairman, I have a survey here which is the print of the same survey which I gave you with the Health Department approval on it, and I think if you look at the north line where Mr. Bednosky's property is located, the survey appears to show that the fence is on Mr. Markakis' property and so it seems to be the law. And you have a copy of that. MR. GOEHRINGER: That's correct. MR. PACKMAN: Thank you. MR. MARKAKIS: If I may, you know it comes to mind when I first came here 23 years ago Mr. Adamson just started his store. I was told that even if you live here a hundred years you will still be considered an outsider. I laughed at the fact. Well, I don't like to go through the 66 RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 pain and the agony I experienced and the tremendous things done to me in the interim. They're a matter of records, police reports and so on and so forth. Some Thank you very much. MR. GOEHRINGER: Thank you. MS. COCHRAN: Mr. Chairman, points have been raised if I may. in reference to my serving as a public servant. Number 1, in the five years I've been on the town board of Southold, twice I have tried through the state on Boisseau Avenue. The we received they said it to get traffic lights first time the letter didn't warrant it. The one that we got last year they added one sentence to the particular form letter that they mail out that said a traffic light would only add to the problems of the intersection. As far as lines being painted down the road, I believe I asked the superintendent of highways to paint them along with asking for the guardrails up by the post office, along with many many other things you do as a member of the town board to try to alleviate dangerous 67 RAM COURT REPORTING SERVICE (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 68 situations. It's very unfortunate that Mr. Markakis as he did at the planning board hearing stand and make accusations and falsehoods. None of us that live on Boisseau Avenue recall injuries because of the parking. Everyone is particularly careful because of the conditions. two-year old child being So it's unfortunate. Nor do we recall a killed up the road. Thank you. MR. GOEHRINGER: you a question? MR. PACKMAN: Yes. Mr. Packman, can I ask MR. GOEHRINGER: Toward the rear of that survey that you have just showed me, is it not a fact that it could be an encroachment on say the last few feet of that property with that chain link fence? It appears that it runs over the line in one area back there. Do you see that one little spot in the back maybe ten feet or so? MR. PACKMAN: That's a stockade fence. That's a different fence, sir. MR. GOEHRINGER: That's a different fence? RAM COURT REPORTING SERVICE (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. PACKMAN: Yes, the way I look at it it's a wood plank fence. MR. GOEHRINGER: Let me point to you. MR. PACKMAN: Maybe I'm looking at the wrong spot, sir. MR. GOEHRINGER: All the way to the rear right back here? MR. PACKMAN: I don't think he's complaining about that. MR. GOEHRINGER: But I'm just saying that so that would be construed to be an encroachment. MR. PACKMAN: That's problem is. MR. GOEHRINGER: I MR. PACKMAN: I can see MR. GOEHRINGER: Okay. Mr. Packman, we are empowered 69 not where the parking understand. that, sir. Now as you know, and we have in all persons applicant is prior hearings sworn people any and involved. My only statement to the does he feel that he could operate this business with five parking spaces on site with absolutely no parallel parking on Boisseau Avenue? Does he feel that that could be the case? RAM COURT REPORTING SERVICE (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 7O MR. PACKMAN: I can't answer that, sir. MR. GOEHRINGER: Do you feel that you could operate this business with five parking spaces on site with no parallel parking? MR. MARKAKIS: Yes, sir. This is not a first class restaurant. This is not a restaurant, in per se. It's going to be a coffee shop with some ethnic delicacies for the community. If some of our neighbors want to go buy a pound of feta cheese, he wants the genuine stuff, he has to go to Astoria. I want to bring it here, olives, olive oil and this kind of stuff. So there would be a good number of take out verses sit in. MR. PACKMAN: That's why he suggested, sir, that if we wanted to reduce the number of parking spaces to three, give us the benefit of still permitting us the number of chairs and then we would then be able to have the best of both worlds. that north side? MR. GOEHRINGER: And the other question I have is that the ingress would be on the side and the egress would be on the south RAM COURT REPORTING SERVICE (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. PACKMAN: That's the way have pictures of that. MR. GOEHRINGER: I can see it. There appears to be enough room to get around the building. MR. MARKAKIS: It's natural for the people 71 it goes. I as you drive, unless you are left handed, to go the other way. But the majority of the people find it easier to go from right to left than the other way, and I found it through experience to be more careful. That's why I provided this way. ! can go the other way but it's not so convenient. MR. PACKMAN: Here's the truck coming out on the south side. You can see the clearance. And here's a van on the east side showing the clearance. Here again is another turn around showing the clearance and here's another one showing the clearance. So you can see that's very big vehicle so it has room to maneuver. MR. GOEHRINGER: Okay. Are there any further comments from anyone that may not be here. a MS. COCHRAN: Will the board be inspecting RAM COURT REPORTING SERVICE (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 the site? MR. GOEHRINGER: I have inspected the site twice Mrs. Cochran. I'll be back inspecting it 72 and I may ask Mr. Markakis to let me in as well as any board member that might want to look at that. As you can see tonight we have two board members out of state. MS. COCHRAN: Yes, I am aware MR. GOEHRINGER: I called the attorney today and informed him that I planning on closing this hearing until regularly scheduled meeting. I'll ask however at the next regularly of that. town was not the next you scheduled meeting to limit your comments to five minutes, considering that we have spent quite some time on this. I'm never trying to restrict anybody from any comments that are pertinent concerning a case, but we don't know how the other two board members will react. Both of them are from of They're well aware They probably I did in this me. the Hamlet of Southold. this particular property. attended many weddings as particular building and it would be unfair of At the same time I do want to discuss the RAM COURT REPORTING SERVICE (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 73 nature of these parking requirements with the town attorney. And so I'm going to make the suggestion that we hold this particular hearing over and recess it with the date of November 30th. We may change that date to the following week, but we'll readvertise and inform not only the people that have spoken tonight and that is yourself and Mr. Adamson and the other gentleman and the lady in back of him by the nature of the advertisements in the paper. We'll make you aware of the fact that it is going to be continued on either November 30th or the following date of which we should have a full board there at that particular time. And as I said I'll get the rest of the information. I want to extract either from visiting the site as well as the board members visiting the site and from my discussion with the town attorney. MS. COCHRAN: Thank you, Mr. Chairman. MR. GOEHRINGER: DO you have something else Mr. Packman? MR. PACKMAN: No. MR. GOEHRINGER: I offer that as a resolution. RAM COURT REPORTING SERVICE (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 time. MR. PACKMAN: I'll be present during MR. GOEHRINGER: Ail right. MR. DINIZIO: Second. MR. GOEHRINGER: Yes, Mr. Bednosky. MR. BEDNOSKY: I would just like to reiterate one thing that was mentioned before. What about employee parking? 74 that MR. GOEHRINGER: That is not a question. MR. BEDNOSKY: There is no parking on that street. If anybody parks in front of my property does so illegally because there's a fire hydrant and two driveways right on the property. MR. GOEHRINGER: While you're still standing, I just wanted to mention that that was the purpose of my question to the applicant. with five parking Which includes not only the I'm restricting it to made a mistake before. Can he operate this business spaces. MR. BEDNOSKY: tables but the help. MR. GOEHRINGER: five parking spaces. MR. BEDNOSKY: I RAM COURT REPORTING SERVICE (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 When I said seven driveways it's eight driveways. I'm sorry. I made a mistake. MR. GOEHRINGER: Before you sit down, that's why I asked the question. Because there is a great possibility, and we have had in the past made a recommendation to, not on this project or any other project that is in this immediate vicinity, we have asked the highway superintendent to paint lines in front of properties indicating no parking zones, that and is the reason why I asked that question. That is an option that we have had in the past and we have imposed that option in the past. Unfortunately, one we imposed on the state highway and the state refused to do it, but we have done it on town roads also and that is again no parallel parking in front of the properties alongside the sidewalk, so to speak. MR. BEDNOSKY: But it doesn't say the adjoining properties because when the V.F.W. had their functions we had people parking in front of our driveways. When he had family parties there they parked in the middle of the highway and made it a one lane road, okay, and in front 75 RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 of the fire hydrant and in front of the driveways and in the middle of the highway when they had the parties there and this is the same man that I'm referring to that had family parties in that place. MR. PACKMAN: If you read the ordinance, I know you're familiar with it where extra parking is required for employees. The ordinance specifically says it. There is no specific additional parking required in the wisdom of this ordinance for employees. The requirement 76 is clear and set forth so many parking spaces based upon stools or square footage. Where it talks about fish markets or training facilities for employees or other areas where the employees go in, the ordinance specifically sets forth additional parking for employees. So I just ask you to take judicial notice of your own ordinance. MR. THE MR. GOEHRINGER: Okay. Ail in favor? BOARD: Aye. GOEHRINGER: Now again, the statement for the purpose of the people that are here, we're recessing this hearing with a date at this RAM COURT REPORTING SERVICE (516) 727-3168 765-180:) BUILDING DEPT. INSPECTION FOUNDATION 1ST [ ] ROUGH PLBG. FOUNDATION ZND [ ] INSULATION FRAMING ~r~-]~AL REMARKS: DATE INSPECTOR --' : :c,.~ , .~.;...,. .[UDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: August 1, 1989 Transmitted herewith is Zoning Appeal NO. 3872 , application of Andreas E. Markakis a/c Compass Transports S.A. for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form; l~tter relative to NYS Tidal Wetlands Land Use; Notice.of'l)isapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk Copies to the following on or about November 2, 1989: Suffolk Times, Inc. L.I. Traveler-Watchman Town Clerk Bulletin Board (Main Lobby) ZBA Office Bulletin Board ZBA Board Members (with file copies) ZBA Individual Files Mr. Richard W. Snow, 2 Ashley Court, East Islip, NY 11730 Mr. and Mrs. Fred Hiddink, 614 Bailey Avenue, Greenport, NV 11944 Mrs. Louise Macomber, 9200 Gregory Drive, Richmond, Virginia 23236 Mr. and Mrs. Frederic L. Stern, 3443 Bay Front Drive, Baldwin Harbor~ NY 11510 Mr. and Mrs. Richard Gibbs, 8 Sunnyside Lane, Westport, CT 06088 Mr. Donald Denis, Main Road, Aquebogue, NY 11931 Mr. and Mrs. Warren Cannon, 4625 Aldrich Lane Ext., Mr. Michael C. Eckhardt, 1000 9th Street, Driftwood Cove, Box 115, Greenport, NY 11944 Mr. Robert Potdevin, 208 Beechwood Road, Ridgewood, NJ 07450 Mr. Frederich S. Wallerius, 4230 Peconic Bay Boulevard, Laurel, NY 11948 Wickham, Wickham and Bressler P.C., P.O. Box 1424, Mattituck, 11952 Ms. Adlyn J. Syverson, 9 Boston Road, Bellrose, NY 11426 Ms. Margaret Best, P.O. Box 609, Mattituck, NY 11952 Ms. Mary Smith, Y-5, Gilgo Beach, NY 11702 Mr. Andreas E. Markakis a/c Compass Transports S.A. 175 Boissea Avenue, Southold, NY 11971 Wesley Bednoski, 340 Soundview Avenue, Southold, 11971 STATE OF NEW YORK) COUNTY OF SUFFOLK) Patricia Heanev of Mattituck, in said County, being duly sworn, says that he/she b Principal Clerk of THE SUFFOLK TIMES, e Weekly Newspaper, published at Mattltuck, in the Town of Southold, County of Suffolk end State of New York, end that the Notice of which the annexed is e printed copy, has been regularly published in said Newspaper once each week for 1 weeks successively, commencing on the 2nd day of ~IQ_V~1989 ay ~uU0t', Ct. }' t,/No. ,~' NO'I'ICD ,/,, HEARINGS NO~ICE ISIHEREBY GIVEN. ponuant to Section 267 of the Town Law and the~ of the Town of Southold. the fo-Vfl~u~g hearings will be held by the SOUTHOLD TOWN BOARD OF APPEAL~ at a Regular Meeting, at Secthold Town Rall~ Main Road. Southold. NY 11971. on WEDNESDAY. NOVEMBER 8. 1989. at the fallow- ins dines: ~ . 7:30 p.m. AppL No. 3867 -- RICHARD AND PATRICIA SNOW -- Variance to the Zoning Ordi- onnce. Aninle XXIH. Section 100- 231A. as disapproved, for permis- sion to construct a fence, exceeds permitted 4 feet. Property Locatin,: 1385 Lung C~ech Drive. Sonthold. Ceunty Tax Map No. 10~0. Sectinn N69e~rhber 271 :, ,~0m~ty T*a M~ N~: 1000, Sectim <~ AppL ~o. 3880 :¥~ ~ED AND DIANE STE~ : ~s~ w~ have ~: 2i10 S~ ~, ~ 1~, B~ t, ~ 17. ~., 7:50 p.m. Appl. ~o~ 3871 55, Block O7, Lot 03. RICHARD AND JOAN GIBBS- 7:35 p.m. Appl. No. 3885 -- ' [ ,,Vadnn~ to the Zanln8 Ordinance, FRED AND C.~OL HIDDI~K -- ~ : Artinle m A, Section 100-30 A,4,~ Variance to the Zoning Ordinance. (Aninin WI, Se~inn 100-33, ns dis- Article I~ A, Section 100-30 A.3, a~ ~,~,.' approved), for permission to street an accessory ingreond pool. proposed construction will exceed permit~d ]ct coverage in this R-40 Zone District. Property Location: 614 Bailey Avenue, Greenpon, Ccunty Tax Map No. 1000, Section 34. Block 04, Lct 05. 7:40 p.m. Appl. No. 3877 HERBERT MACOMBER -- Vari- ance to the Zoning Ordinance, A~i- cie XXIV, Section 100-244 B, as disapprove, d, for permissio~ to con- stmct a deck with ramp, proposed construction will have insufficient side yard s6tb~cks. Property Loca- te: 250 Anglers Rc~I, Gr~npon. COMPASS TRANSPORTS (Markakis) -- Variance to the Zon- ing On~inance, AnicJe XXV. Section 100-250. for approvaJ of sito plan or building permits can be issued in this Hamlet Business Zoning Dis-~' Lrict (IDB). Property Location: 175 Boisseau Aveaue~ Sonlhold. County Tax Map No. lO00, Section 062, Block 01 time and place heir any and tll pea- heard in each of the above mattoi~. Wriaen cc~nmenU may dso be mit~l prior to the cenclusinn of th~ heaimg. Eich hearing will not stin. before the time alletted. Additional. time for your~Bm~ntatiefl will be avaihbte,'Ir-needed. For m~f~ infor- mation, please eib 765-1809. Re~overing He, ins of ~ 21 st, 1989 applicatioll' #3770 FORT OF Da~.d: Octcher 30, 1989. BY ORDER OF 'HIE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Dote~ Ferwerda 648~-1TN2 Tax Map No. 1000, Section 123, 7:55 p.m. Appl. No. 3869 -- WARRI~ AND SUSAN CANNON ~ Variance to the Zoning OrdL- hence, Anicin I~ Section 100-32, fo~ ~,~,,val to cement ix~heme., pe~ and accessory ~arage in front y~d area in dds R-gO Zone Dimk't. Property Location: 4625 Aldrich Lane, ~x~., M~uimch, C~nty T~x~ Map No, 1000, Sea/on 112, Bincl/ OI, Let 14. 8:00 p.m. Appl. No. 357/~ ~OHN P. DEWAR- V~imce to the Zoning Ordinance, Article XXIV, Section 100-244, for approval to construction will have insuffiniem front yard setbacks in this R-40 Zone District. Property Location: 4420 Oakinwn Avenue, Sc~thold, C~unty T~t Map No, 1000, Section 70, Block 9, Let 46. 8:05 p.m. Appl. No. 3878 ROBERT POTDEVI~ -- Varianc~ to the Zoning Ordinance, Anicin Tn A. Section 100-30 A.3. (Article XXIH, Section 100-239d (B), for pemdssion to comtmct an edditic~ ~ comtmctino will have insuffi- in 75 fc from the hell.ced. Prope~y ~ Lecatie~: 4250 Peconic Bay Boule- yard. Laurel, County Tax Map No. 1000. Section 128, Block 4, 8:10 p.m. AppL No. 3883 ~EST' AND SYVERSON -- Variance to the Zoning Ordinance, Article XX]V, Section 100241 A, for por* fonnd us~ to exisdng dwelling, conforming uses in this R-40 ZOne Dimlcf. ~ Location: 420 Pti- vale Road No. 17 off of Mineola Roed, Mattituck, County Tax Map APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI .lAMES DINIZIO, .IR. 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 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 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. GERARD P. GOEHRINGER CHAIRMAN dff · [PROJEC~ I.D. NUMBER 617.21%. Appendix C 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) 1o APPLICANT/SPONSOR ANDREAS E. MARKAKIS [ 2. PROJECT NAME . · THE OLYMPIC HOUSE" 3. PROJECT LOCATION: 175 BOISSEAU AVE. , SOUTHOLD Counly SUFFOLK -COFFEE SHOP- BOISSEAU AVENUE & ROUTE 25 E.X V F W Building. 5. IS PROPOSED ACTION: [] New [] Expansion [] Moclificatlonlalteratton 6. DESCRIBE PROJECT BRIEFLY: Ex V FW Convention Hall. Proposed new use: specialty of ethnic nature (Greek) family cou~ntry style COFFEE SHOP. small, cozy, type, and ?. AMOUNT OF LAND AFFECTED; Initially -- acres Ultimalelv 5,8 9 6 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes I'--[ No Il NO. descriDe 9. WHAT ~S PRESENT LAND USE IN VICINITY OF PROJECT? D Res,clentlai [] Inaustrla, ?,J~ Commercial [] Agricullure Descr~tle: [] Pa[klForesllOi~en sl~ace [] O/her DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL.. STATE OR LOCAL)? []Yes ~'~No It yes. Iisi agency(s) an~ permillapproval$ 1!. DOES ANY ASPECT OF THE ACTrON HAVE A CURRENTLY VALID PERMIT OR APPROVAl? SOUTHOLD BUILDING DEPARTMENT BUILDING PERMIT # 17722 Z 72. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MOOIFICAT ON? [] Yes I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ANDREAS E MARKAKI S ADD~,camtsponsot name: ' 0 7-- 3 1 - 8 9 ~li°n'is' in the C°asta' Area' nnd Y°u are a state a~°mplete the [_ coastal Assessment Form be/ore proceeding with this assessment OVER (Continued on reverse side) The N.y.S. Environmental Quality Review Act reoulres before any action is taken, th~ ~oard (a) £~-order to answer the questions in this short FAF it is assumed that the preparer will use currently available information Concernin= the project and the likely impacts of the action. It is not expected that additlonal Studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the projec: is no~ significant. (d} E~nvironmental Assessment 1. Will project result in a farce physical chance to the prelect site or physically alter more than 10 acres of land? 2. Will there be a major change to any unicue or ~¥es ~ U~usual land form on the site? ' ~Yes 3. Will project alter or have a large effect on an existing body of water? 4.Will project have a potentially large impact on groundwater quality? - 5. Will project significantly effect drainage flow on adjacent sites? Yes ~ 6. Will project affect any threatened or endancered plant or animal species? - 7. Will project result in a ma~or adverse effect on air quality? 8. Will proj$ct have a major effect On visual char- known to be important to the community? . Yes ~ 9. Will project adversely immh~t any site or struct- ure of historic, pre-historic, or paleontological, importance or any site designated as a critical envlrcnmental area by a local agency? Yes ~ 10. Will project have a m~jor effect on existing or future recreational opportunities? .. Yes ~ 11. Will project result in major traffic problems or cause a ma]or effect to existing transportatioa 12. Will project regularl~ cause objectionable odors, noise, glare, vibration, or electrical disturb- 13. Will project have any impact on public health Yes ~ 14. Will prelect affect the existing community by directly causing a qrowth in permanent popula- charact~r of the community or neighborhood? 15. fs there pUblic controversy concerninq the prelect? %VETLANDS [Amended S-'_'6.76 hy L.L. No. '-'-1:)7f,: ?-:-6- 85 by L.~ No. 6-19,~5~: A. TIDAL W~TLANDS: (1) All land~ KenernlJs' cov~r,.d or il~termittentIy emi w/th, or which bord,,r on,/ida{ lyin~ beneath tidal waters, which at mean Iow t/de . are coverefl by tidal waters to a maximum depth five (5) feet, inch.ling but not limited to banks. bogs. salt marsh, Swamps. meadow~, flat:~ or other low lying lands subject tn ti(lal act/on: {2) All banks, bogs. moadmv~, fiats and tidal marsh : subject ~ ~uch tides ami Upon which grows or may grow some or any of the following: salt hay, black grass, saltwort, sea lavender, tall eord~rass. bush. cattails, groundsel, marshmallow and Iow march cord~rass; and/ur All land immediately adjacent tu a tidal wet~and as defined in Subsection A~2} and lyin~ within seven. ty-five (75) feet land,yard of the most landward edge of such a tktal wetland. FRESIIWATER WETLANDS: (I) "Freshwamr wetlands" as defined ~n Article 21. tlc 1. ~ 24-0107, Subdivisions l(a} ~ l(d) inclusive, of the Environmen~l Conservation Law o~ the Sta~ o~ New York; and All land immediately adjacent ~ o"Fresh,voter wet. ~and," as defined in ~utmection B(1)and lyin~ w/th- m seventy-five {7~) feet landward of ward ed . . the most land- ge ora fieshwuter wetland." 9705 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 sub,it other supporting documenta- tion. ~ Are there any proposals to chang~ o~ 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 existing ~ fences, concrete barriers, decks~-~? 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 O Yes ~ Yes ~ Yes ~ Yes ~ Yes ~ 10. 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 · you made application to the Town Trustees for an 'inspection f6r possible waiver or permit under the ; ~ -- requirements of Ch. 97 of the Town Code? 13. Please list present use or operations conducted upon the subject property at this time and proposed (~2. ~ ~ Please submit photographs ~'o~ the record. I certify that the above statements are true and are being submitted for reliance by the Board of Appeals in considering my application. S&gna~ure ~Proper~y Owner; {Au[nor~ze~ 1/88 Is premises pending a sale or conveyance? If yes, please submit copy of names or pucchasers and conditions of sale. (from cqnt~act) Yes [~oJ 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 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy Date July 26 19 83 THIS CERTIFIES that the building . .i~..e.-ze.~.i.s.t.i..rig ................................. Location of Property., .'1.7...5...B. QI..S.S..EA..U...A..V~... ........ '~' · -: ..... $olz~hol~. ............. /~ouse rye. ~treer Hamlet County Tax Map Ho. ]000 Section ...0.~...~ ...... Block ....Q'] ......... Lot ....0~]6 ......... . Subdivision ............................... Filed Map No ......... Lot No .............. conforms substantially to the Application for Building Permit heretofore fried in this office dated ...................... 19... pursuant to which Building Permit No ...................... dated ............................ 19..., was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... .... ~. 9.r..a.n., 9.f.f..ig.e..e.q.u.ip.m.~.t..s~l~ .Business..as. a.ppro.v~d, by..the ........ 1~1 arming Board The certificate is issued to ....O.O.i~AS.E .TRg.NSi>Oi~S. S.A ............................. (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval UNDERWRITERS CERTIFICATE NO .... ...................................... Building Inspector Rev. 1/81 ; THE ,NEW yOR,,-.~OARD OF FIRE UNDE.,~.RITERS ', ii~ :: :~ ' : ' ~ ' ' CTY ' i ; = : BUREAU OF ELECTR ~; ~ 85 JOHN STREET. NEW YORK. NEW YORK 10038 THIS CERTIFIESTHA~i ~ , only the electrical equlpmettt a~ described ~low and i~t~ by t~ applicant ~med o~ ~ a~ appJ~cat~o~ RumOr tn t~ p~mtses of C~S T ~port S.A., ~isse~ Ave. Rt. 25 & ~1 Ave., ~u~old, N.Y.; ~< ex~mi~ bn~ ~ RX~U~ ~ANGE$ OVENS HI&NRY E. IL4.YNOR, Jr., Chairman J.4~M ES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. SpF q K .$=rSY Southold, N.Y. 11971 TELEPHONE 765-1938 July 13, 1983 Mr. Victor Lessard Buildinq Administratcr Southold Town Hall Southold, New York 11971 Re: VFW Hall (Change of Use) Site Plan Dear Mr. Lessard: At our regular meeting July 11, 1983 our Board discussed certification of the above captioned site plan by George H. Fisher, Buildinq Inspector. Prior to this meeting the Board inspected the area and stated no objections to the number of parking spaces on the site. Mr. Andreas Markakis was present to discuss drainage for the-~rea and the access width as noted in Mr. Fishers report. Our Board requested that Mr. Markakis supply our office with a survey designating the widths of ac- cess and a letter with regard to the drainage on the property for referral to your office. Please advise as Planning Board approval has not been given to date. See attached map and cover letter. Attch. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary lvOl~ NO. ~ TOWN OF SOUTltOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, hi. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL, COMPLETION OF THE WORK AUTHORIZED) N~ 017722 Z Permission is hereby granted to: ..(.L,~,,~.....~..~......L~.~..~.,C,.,..':L...~..~...~.,~.~,~.,~ ~. ~ ~-..~...~.,.,,&......,u...~.f......~.~..:q.a.:. ....... 1~..,.?.~.,-~...,..,-.~.~...£i..-~.4..~,..,.,.?~...._..,~.~ ...... ,~.,,.~,.~....x..,,-~ ....................................... / , ~~.-.__ .o ~---.- ~I J [ '~ 9 ~/ ',,~ ,..~ ,-,ac'4'U ' ' at prem,ses located at ..*l...l.~......l~D.,.~.-.';~.r,~.,.~,....."..~...~ ......... ,,~D,,>,,:,~'..,WJ.,.~I. ........................ Count,/ Tax Map No. 1000 Section ...... ~..~.~.),~ .... Block ...~...~....I ........ Lot No ....... I...~i ......... ~" pursuant to application dated ...~:,~..~.~..,...,.(.~.u ....... ~.../. ............ , 19.~.~J., and approved by the Building Inspector. ' Rev. 6/30/80 BOARD OF APPEALS, TOWN OF SOUTHOLD In the matter of the Petition of COMPASS TRANSPORTS S.A. to the Board of Appeals of the Town of Southold STATE OF NEW YORK ) COUNTY OF SUFFOLK )ss: REPLY WALTER ADAMSON, being duly sworn deposes and says that he is one of the owners of property located adjacent to the subject property. That your deponent's property is a corner parcel located at Boisseau Ave., and Main Road, Southold, NY. and presently leased to Wayside Market. That directly across the street from your deponent's property is a restaurant known as JoAnthony's and diagonally across from your deponent's property is another bar/restaurant known as The Quiet Man. To allow another eating establishment in the same area would completely saturate the area with high volume traffic and business.creating serious parking problems. As it Us, patrons of the two eating and drinking establishments use my parking lot after 6:00 P.M. without my consent which creates a serious problem. Refuse is thrown onto the property nightly, 'and the automobiles cause damage to the property through their carelessness. We have damage now in the side of our building from the cars crashing into the walls and I am required to replace the leaders and downspouts on the building at least three times a year. To allow another restaurant with only five parking spaces would be a disaster. I therefore strongly object to the granting of any variance for reduced parking spaces. It just simply is not the place _for another restaurant. WHEREFORE, applicants petition should be dismissed in all respects. ~Walter Adamson Sworn to be.~,~ore me ~lS ~/day of z/ 9 9 1' 108~,RT Ri) AcREs' 0.77 SCHOOL TAXABLE VALUE $oUTHOLD NY 11971 DEED BOOK ~ PG-00152 1~,700 FO028 SOUTHOLD FIRE DIST 1~,~00 TO ~ ....... PK070 SOUTHOLD PARK DIST 14,700 TO WW020 WASTE WATER DISTRICT 14,700 TO ***************************************************************************************************** 62.-1L12 ************** MAIN RD ~i-~12 MI 2~-Sk~G~E' FAMILY RESIDEN ~TY ~AXABLE VALUE 3,500 JJP[US KESTUTIS E & SOUTHOLD SCHOOL 473805 900 TOWN TAXABLE VALUE 3,500 ~30NE GERALD R " AC~ES ' 0.31 BANKCHMC ' SCHOOL TAXABLE VALUE 3,500 ~)6D ROCKY POINT RD DEED BOOK 9944 PG-00596 3,500 FD028 SOUTHOLD FERE DIST 3,500 TO (~ST MARION NY 119~9 ........... P~O SOUTHOLD PAR~ DIST 3,500 TO WW020 WASTE WATER DISTRICT ~.500 TO *************************************~`***************************************************************** 62.-1-1) ************** MAIN RD ~-1-1~ NB ~ii RESIDENTIAL VACANT LA COUNTY TAXABLE VALUE 500 !~NYES EDWIN A & ORS SOUTHOLD SCHOOL 473805 500 TOWN TAXABLE VALUE 500 j~KEY ~REE~ .......... ~ .... DRIVE ~.18 ...... ~C~OOL' TAX~L~ vALUE 500 [OUTHOLD NY 11971 DEED BOOK 10369 PG-OOOOS 500 FD02~ SOUTHOLD FIRE D[ST 500 TO .................. Pk07O ~OuT~oLD PARK D[ST 500 TO WW020 WASTE WATER DISTRICT 500 TO ******************************************************************************************************* 62.-1-14 ************** / MAIN ROAD _ ~.-1-1~ ......... ~-NlJ-~l~ $~N~I_~ FAMILY RESiD~N ..... COUNTY TAXABLE VALUE 3,400 ':~YES EDWIN A & ORS SOUTHOLD SCHOOL 473805 700 TOWN TAXABLE VALUE 3,400 JOCKEY CREEK DR A~E-s - O~23'BANK 4000~ SCHooL TAXA;3LE VALUE 3,&00 ~UTHOLD NY 11971 DEED BOOK 10608 PG-00439 ~,400 FD028 SOUTHOLD FIRE DIST 3,400 TO PK070 soUTHoLD PARK DIST 3,400 TO WW020 WASTE WATER DISTRICT 3,400 TO .'*~**~*~**~*~;`~*~*`~**~*~*~*~*~**~**~*~*~~*~*~**************** 62'-1-15 ************** MAIN RD ~.~..1:15 ~ 0~85 MULT~2OCcuPANT SM STR cOUNTy TAXABLE VALUE 9,700 ,~IMSON WALTER & LEN~RE . / ~puT~OLD ~HOOL ~73805 1,600 TOWN TAXABLE VALUE 9,700 1529 .~ Ck~)l~ ~ ACRES 0.20 SCHOOL TAXABLE VALUE 9,700 ~ LANE DEED BOOK 10180 PG-00442 9,700 FD028 SOUTHOLD FIRE DIST q~700 TO :~THOI~D NY 11971 ................. P~O?~ SOUTHOLD PARK DIST 9,700 TO WW020 WASTE WATER DISTRICT 9,700 TO ,,*,**, *~* ** ********,*'* ****** ~**-*~*~*** **** ******* *** ******* ******* ~** *****~-* * .** **** * ******************** ** * ** ***** **** *** ***** [~H?ASS [I~AN~,~'O~I;~ ,~ ~ r',-~,~,* ,~ SCHOOL IR~,,~,~LL V~LUC '~'"[~ZA GONZALEZ'RUIZY ALEMAN ACRES 0.1/* ~.~?00 F00~8 SOUTBOLD FIRE D[ST ~..?00 TO lOlSSEAU AVE PKO?O SOUTHOLD PARK DJST 4,700 TO "~T~OLD NY 11971 WW020 wASTE WATER DISTRICT 4,?00 TO &'>-/-//~ . BOISSEAU AVE COUNTY TAXABLE VALUE 3,900 ~._1.~1? '~x~.;.210' SINGLE FAMILY RESIDEN tEDNOSKI WESLEY JR .. . SOUTHOLD S_CHOOL 473805 400 TOWN TAXABLE VALUE 3,900 ~O SOUNDVIEW AVE t// ACRES u.$O SCHOOL TAXABLE VALUE 3,900 $gUTMOLD NY ~ DEED ~OOK 10~3S PG-95 3,900 F0028 SOUTHOLD FIRE DIST 3,900 TO ..... · .... PX(]?O SOUTHOLD PARK D[ST 5,900 TO ~971 WW020 WASTE WATER DISTRICT S,900 TO BOISSEAU AVE COUNTY TAXABLE VALUE 2~900 ~.--~-18 QS 210 SINGLE FAMILY RESIDEN tUrNER MAUREEN NORA SOUTHOLD SCHOOL ~.73805 400 TOWN TAXAGLE VALUE 2,900 $~O$'CRITTENS LANE ACRES 0.12 SCHOOL TAXABLE VALUE 2,900 $gUTHOLD NY 1197! .. DEED BOOK 10691 PG-00569 2,900 F0028 SOUTHOLD FIRE DIST 2,900 TO - ' PK070 SOUYHOLD PARK D[ST 2,900 TO WW020 WASTE WATER DISTRICT 2,900 TO BOI$SEAU AVE . - 4,100 b.~.-1-19 ........... RL~ ~10--$INGLE FAMILY RESIDEN COUNTY TAXABLE VALUE SL~VON[K FRANK & NORMA SOUTHOLD SCHOOL 47380S 400 TOWN TAXABLE VALUE 4,100 ~C~E~ ' 0.12 - 'SCHOOL' TAXABLE V&LUE 4,100 115 BOISSEAU AVE ~O BOX 143 DEED BOOK ~ PG-00168 4,100 F0028 SOUTHOLD FIRE DIST 4,100 TO . - '- ' PKO?O SOUTBOLD PARK DIST 4~100 TO $OUTHOLD NY 11971 WW020 WASTE WATER DISTRICT 4,100 TO · ******************************************************************************************************* 62'-1-2~''1 ************~ BOISSEAU AVE ~.-1-24.1 ' PI 41-1 APARTMENT COUNTY TAXABLE VALUE 9,000 I[CM FREDERICK P SOUTBOLD SCHOOL 475~05 1,900 TOWN TAXABLE VALUE 9,000 · SCHOOL TAXABLE VALUE 9,000 ,OBART Rm ' ACRES 0.75 9,000 TO $OUTHOLD NY 11971 DEED BOOK 2 PG-00152 9,000 F0028 SOUTHOLD FIRE DIST '- ' PK070 SOUTHOLD PARK DIST 9,000 TO " ' WW020 WASTE WATER DISTRICT 9,000 TO E: CONIC ~URYE¥O RS "il6 } 7'65 - 502. BOX 909 &IN ROAD UTHOLD ,N.Y. /1974 / / ~SE ;OUNTER SCENIC FLOOR PROPOSED SCA'LE I" = 5' Nov. 30, 1989 ( revise ) PLAN FOR RE STAURANT BARRIER SECTION AREA A ( DII~IIN; AREA) = 491 IR (COUNTER &SERVICE ) = 327s. f. C (KITCHEN & PERSONNEL) = D ( RESTROOMS ) = I I=' (COOLER ) = 805.f. F (SCENIC BARRIER) = 28 G (BEVERAGE COOLER) = 35 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southold TO: WALTER & LENORE ADAMSON Box 1529 1770 Jacob's Lane Southold,N.Y.11971 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 $outhold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] a ,VARIANCE ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: ooo- 062 - 3. That the property which is the subject of such Petition is located in the following zoning district: HB 4 Thatb~ suchPetiti~,n, theundersigned willrequestthefollowingrelief: Tn reduce the number of parking spaces from 15 to 5, in accordance with previous CODE requirements when Application was submitted. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article XXV Section I (](]-250 [ ] Section 280-A, New York Town Law for approval of access over ri§ht(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) ?~'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 Beast 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 publlcation of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: 31st JULY 1989 COMPASS TRANSPORTS S.A. Andreas E. Markakis, Petitioner Attorney-In-Fact Owners ' Names: Post Office Address 175 BOISSEAU AVENUE ~OITTR f3T,D, N. Y - i 1971 Tel. No. (516)765-5664 [Copy of sketch or plan purposes.] showing proposal t o.kJze~ta.t~L~rJaex~.a,f,a~me,~ n v e n i e nce NAME PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ~/VZ)~_~:.~ ~ ,,~'~:L/~ , residing at /J-7~' ~c,~9~' ~ ~ ~6r~C/-"~°~-D~ A~. , being du~y sworn, deposes and says that on the //7~ day of /~ C~t C ~'~ 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 respect ye names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- ; that said Notices were mailed to each of said persons by rice at c~.~7~-~-0~3 (certified) (registered) mail. ~l.~l~E"m Amt NEVIU~ (This side does not have to be completed on form transmitted to adjoining property owners.) HENRY E. RAYNOR, Jr.. Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE PdTCHIE LATHAM, Jr. WILLIAM F. MULLEN, ,Ir. Southold, N.Y. 11971 TELEPHONE 765-1938 June 10, 1983 Mr. Victor Lessard Building Administrator Southold Town Hall Southold, New York 11971 Re: VFW Hall (Change of Use) Site Plan Dear Mr. Lessard: The following action was taken by the Southold Town Planning Board, Wednesday, June 1, 1983. RESOLVED that the Southold Town Planning Board refer the site plan for the proposed copy and duplicating shop, formerly VFW Hall, to the Building Inspector for Certifica- tion. Three copies have been attached. STATE OF NEW YORK t SUFFOLK COUNTY OfficeoftheTownClerk ss: oftheTOWN OFSOUTHOLD (Seal) This is to certify that I, Judith T. Terry, Town Clerk of the Town of Southold in the said County of Suffolk, have compared the foregoing copy o{. letter from the Southo d Town P annin§ Board to ~out, hql.d 6~h' BdH~Jifi~' ;~dfaifii~t'r'a'tb'r' Vi~tbi" L~aHJ',' 'da't~'d 'Jd6e 10~ .1.9.8.3,..R.e..'..y.F.W..H..a...LC.h.a. og.e.p.f..U.s.e.)..S..te. Phn. .............. with the original now on file in this office, and that the same is a correct and true transcript of such original !e.t.t.er..f.o .m..t.h.e..Sp. qthql.d' .T. gw~I .P. lia~trli~§ Board .t.o Southold Town Building Adro n ~trat, qr .Vic;t.qr..L,~s~ard, i:fa't~f 'J'dri~'10; '~983; 'R~':' VIeW' [-'fa'~i ....... .(~h,~g¢. of. U.s.e~. ,Site. Plan ................ and the whole thereof. in Witness Whereof, I have hereunto set my hand and affixed the seal of said Town this .... 8. t.h. ...... day of .N. gY.em.b.~r.. 1989. ...... Town Clerk of the lown of Southold, County of Suffo~5~ N.Y. HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSK1, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. I 1971 TELEPHON: 765-1938 June 10, 1983 Mr. Victor Lessard Building Administrator Southold Town Hall Southold, New York 11971 Re: VFW Hall (Change of Use) Site Plan Dear Mr. Lessard: The following action was taken by the Southold Town Planning Board, Wednesday, June 1, 1983. RESOLVED that the Southold Town Planning Board refer the site plan for the proposed copy and duplicating shop, formerly VFW Hall, to the Building Inspector for Certifica- tion. Three copies have been attached. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD Attch. cc: Andreas E. Markakis By Susan E. Long, Secretary