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Home My WebLink About3907 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appeal No. 3907 - Application of NICHOLAS ALIANO. Variance to the Zoning Ordinance, Article III-A, Section 100-30 A.2 to construct a retail/office complex. Proposed construction is not permitted in this R-40 Zone District. Property Location: 29950 Main Road, 30 Pequash Avenue, Cutchogue, NY; County Tax Map District 1000, Section 102, Block 3, Lot 1. WHEREAS, public hearings were held in the Matter of the Application of NICHOLAS ALIANO under Appeal No. 3907; and WHEREAS, at said hearings all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an appeal of the January 5, 1990 Notice of Disapproval in which an application dated January 4, 1990 was considered by the Building Inspector to construct a retail office complex and which was disapproved on the following grounds: "...Under Article III A (R-40 District), 100-30A.2, proposed construction is not a permitted use in this district. Action required by the Town Board (Zoning Change) or by the Zoning Board of Appeals... " 2. The premises in question consists of .860 acres, or 37,462 sq. ft. in area with 200 ft. frontage along the west side of Pequash Avenue and 207.62 feet along the south side of State Route 25 (Main Road) in the Hamlet of Cutchoque, Town of Southold. Page 2 - Appeal No. 3907 Matter of NICHOLAS ALIANO Decision Rendered June 27, 1990 3. The subject premises as of January 9, 1989 has been situated in the R-40 Residential Zone District and is improved with an existing one-story frame building having a total floor area, inclusive of attached garage, of 1408+- sq. ft. 4. By this application, the appellant requests a Variance for permission to construct new 1426 sq. ft. (One-story) masonry building to be occupied by retail stores and commercial office uses, uses which are not permitted in this R-40 Zone District. 5. Certificates of Occupancy have been furnished for the record indicating that on January 14, 1988 renovations were made to an existing real estate office in an existing building (C.O. #Z-16582) and that on August 2, 1973, Certificate of Occupancy No. Z5343 was issued for a business building with apartment (public garage). 6. Although the present use of the site has been nonconforming in this R-40 Zone District since the January 9, 1989 Master Plan Zoning Revisions, the relief requested in this application is not under the nonconforming sections of the code and was applied for a variance under the "permitted use" section of this R-40 Zone District. 7. For the record, it is noted that expansions, enlargements, alterations or reconstruction of nonconforming buildings and/or nonconforming uses are not permitted without variances from the Board of Appeals (Section 100-243 of the Zoning Code). 8. It is the position of the Board Members that the grant of the subject variance under the present terminology and definitions of the current zoning code is not appropriate. 9. In considering this application, the Board also finds and determines: (a) sufficient proof has not been demonstrated as required by the statutes to show that: (1) the property cannot yield a reasonable return with underlying facts in dollars and cents proof; (2) the burden of proof of unnecessary hardship or that literal application of the zoning ordinance would result in unnecessary hardship has not been sufficiently met (Otto v. Steinhilber); (3) the use to be authorized will not alter the essential character of the locality; Page 3 - Appeal No. 309 Matter of NICHOLAS ALIANO Decision Rendered June 27, 1990 (b) the uses proposed are not permitted uses in this zone district and will not be in harmony with the general purposes and intent of the zoning ordinance; (c) the current uses of the property and the zone district regulations are not so restricted that the premises could not be used for reasonable purposes; (d) the circumstances and nature of the uses of the property are unique; (e) the property in question is centrally located in the R-40 Residential Zone District and is not immediately adjoined by any other zone district; (f) this Board cannot under the semblance of a variance exercise legislative powers. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, it was RESOLVED, that the relief requested under Appl. No. 3907 in the Matter of NICHOLAS ALIANO be and hereby is DENIED for the reasons noted above. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Sawicki, and Dinizio. This resolution was duly adopted. lk GERARD P. GOEHRINGER ,~ RECEIVED AND FILED THE SOUTHOLD TOWN CLERK/ DATE/o -2- ~ HOUR/~. m-~ ~ To____~wn Clerk, Town of ~:'ou~hold 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 RDAD- STATE RDAD 25 5DUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 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 THURSDAY, MARCH 15, 1990, at the following times: 7:30 p.m. Appl. No. 3917 - UMBRELLA HOME CARE. Variance to the Zoning Ordinance, Article VII, Section 100-71 C, as disapproved, for permission to construct a sign, proposed sign is not permitted in this Residential/Office (RO) District. Property Location: 28455 Main Road, Cutchogue, County Tax Map No. 1000, Section 102, Block 02, Lot 12.1. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 15, 1990 7:35 p.m. Appl. No. 3909 - JOSEPH CORNACCHIA. Variance to the Zoning Ordinance, Article III, Section 100-33, as disapproved, for permission to construct an accessory shed in frontyard Area. Property Location: 835 Kimberly Lane, Southold, County Tax Map No. 1000, Section 070, Block 13, Lot 20.5. 7:40 p.m. Appl. No. 3916 - GEORGE REINHARDT. Variance to the Zoning Ordinance, Article III, Section 100-31, as disapproved for permission to construct deck addition, proposed construction exceeds permitted lot coverage and has insufficient setbacks from property line. Property Location: 1380 Pvt. Road # 3 Trumans Path, East Marion, County Tax Map No. 1000, Section 31, Block 12, Lot 10. 7:45 p.m. Appl. No. 3906 - CHARLES COLOMBO. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 B, as disapproved, for permission to construct a deck addition to existing dwelling, proposed construction will have insufficient sideyard setbacks. Property Location: 350 Oak Street, Cutchogue, County Tax Map No. 1000, Section 136, Block 1, Lot 48. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 15, 1990 7:50 p.m. Appl. No. 3903 - LINDA DAMBASSIS. Variance to Zoning Ordinance, Article III, Section 100-33, (Article~XXIII, Section 100-239.4 (A), as disapproved for permission to construct accessories' garage, pool and additions to dwelling in frontyard area. Property Location 2430 Dignan's Road, Cutchogue, County Tax Map No. 1000, Section 83, Block 2, Lot 7.2. 7:55 p.m. Appl. No. 3912 - EDWARD AND CORRINE BIRDIE. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, for permission to construct additions to one family dwelling, proposed construction will have insufficient side yard setbacks. Property Location: 380 Parsons Boulevard, East Marion, County Tax Map No. 1000, Section 037, Block 01, Lot 17.1. 8:00 p.m. Appl. No. 3911 - WALTER RAFFERTY. Variance to the Zoning Ordinance, Article XXIV, Section 241A, (Article XXVIII, Section 100-281 (3), as disapproved, for permission to construct additions and alterations to garage with apartment. Property Location: East End Road, Fishers Island, County Tax Map No. 1000, Section 3, Block 7, Lot 5. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 15, 1990 8:05 p.m. Appl. No. 3924 - MICHAEL HERBERT. Special Exception to the Zoning Ordinance, Article IX, Section 100-91 (B), for change of use from Bed and Breakfast to a three family dwelling in this Hamlet Business (HB) District. Property Location: 795 Pike Street, Mattituck, County Tax Map No. 1000, Section 140, Blo6k 2, Lot 23. 8:10 p.m. Appl. No. 3918 - JOHN AND CATHERINE SIMICICH. Special Exception to the Zoning Ordinance, Article III, Section 100-31, for permission to have a winery for production and winery sales. Property Location: Mattituck, County Tax Map No. 1000, part of 001. 8:15 p.m. Appl. No. 4250 Bergen Avenue, Section 121, Block 1, Lots 3907 - NICHOLAS ALIANO. Variance to the 1.. Zoning Ordinance, Article III A, Section 100-30A.2 (Article XXV, Section 100-253 A), as disapproved, for permission to construct a retail office complex, proposed construction is not permitted in this R-40 Zone District. Property Location 29950 Main Road, 30 Pequash Avenue, Cutchogue, County Tax Map No. 1000, Section 102, Bloc 03, Lot 01. ?age 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 15, 1990 8:20 p.m. Appl. No. 3915 JORDAN'S PARTNERS. Variance to the Zoning Ordinance, Article VII, Section 100-71, as disapproved for permission to construct office and retail stores, proposed construction is not a permitted use in this District. Property Location: 1000 Main Street and 160 Main Road, Greenport, County Tax Map No. 1000, Section 34, Block 2, Lot 1. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated March 6, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN by Doreen Ferwerda TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date ...J.a.n.u..a.r.y....5 .......... ....... , 19 90 l[lenry Raynor ............ale Nicholas........Aliano P.O. Drawer A J/kMESPORT~ lq.Y. 11947 PLEASE TAKE NOTICE that your application dated ....... .J.a.n.....4 ............. 19 . .9.0.. construct a retail office complex at for permit to ............................................................. Location of Property 29950 Main Road, 30 Pequash Ave., Cutehogue House No. Street Hamlet County Tax Map No. 1000 Section 102 Block 03 Lot 0 I Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds .U. 9 .d.e.r...A.r.t.i.c..1 .e..I.I..I..A. ....... (.R-40 District) 100-30A.2 proposed construction is not a permitted ~se in this district. Action reauired by the Town Board (Zoni'ng ige) or by The Zoning Board of Appeals. ...... % .xAv..' .s.% ?.i.o.% . Lo.o:-.2.~.3. .A.,. ~ r.o.%o.~.ta' 5.o.%~.t.r y y.t ].o.% ........ n.x.r.e.s, site plan a.p.p.r.o.v.a.1 .b.y.t.h.e..P.l.anning Board. i~ng Inspector THOMAS J. FISHER Rv 1/80 T~N OF $OUTHOLD, NEW YORK APPEAL FROM .DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS. TOWN OF SOUTHOLD, N. Y. Henry E. Raynor, 3r., as agsnt 1, (We) ....f..°..r.....N..*i..c-.'~'q'$'q~'''&'~'~'''°' .................. of ....~..,....9..-...~;:i~.~.~...A ......... !:' ........................... Name of Appellant Street and Number N ¥ ~RERY APPEAL TO 3amesport ............................................. , ................................. State Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON DATED ................................................. APPLICATION FOR PERMIT NO ........................................ wHEREBY THE BUILDING INSPECTOR DENIED TO Henry E. Raynor, Jr., as agent for Nicholas A 1 i a..n,o ... Nome of App cant for perm t P. O. Drawer A, ja.m...e..s.~..o..r...t.:.....N..e...w.....Y..o..r...k. ........................................... ............................................... Municipality State Street and Number of ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (x) Use Exception Maid ~g.~t & .P..~..q.u..~.~..h....A..~..e..n..u..gt...C.u~chogue,. N..Y I. LOCATION OF THE PROPERTY ............ District 1000 Section lO~Block3 Lot 1 - - Aliano ................................................................................ ..current Owner Nicholas Map No. Lot No. Prior Owner 2, PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article Secti on ( ) () TYPE OF APPEAL Appeal is made 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 T0~n LaW~chal~. 62 Cons.' Laws Art. 16 Sec. 280A Subsecti0~ 3 4. PREVIOUS APPEAL A previous appeal (~pg~l (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 (x) A Variance to the Zoning Ordinance is requested for the reason that applicant wants to upgrade property, uses and commercial site plan procedure in 1987. This proposal has the endorsement of the Fleet Neck Property Owners Associ~,ation- The uses requested were retail and office space as opposed t~!pr'eLexisting use of fabrication and auto body repair shop. Form ZB1 (COntinue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficulti~'oru~n~ces- sary HARDSHIP because applicant has been denied right of site plan approval as result of zoning ordinance change approximately two years after application was made and diligently processed - by the Southold Town Planning Board. To date the 'applicated has invested two and half years processing time.and.an,additonal $20,000 in engineering, design, gas tank removal and 'permit costs. All the above was at the direction Town Planning Board. (as lead agency) of.the. Southold 2. The hardship created is UNIQUE and is not shared by all properties alike in'the 'irnmediate vicinity of this property and in this use district because there are no adjoining properties 'on which a pre-existing use exists. We have eliminated the pre-existing use of gas station,~.,~auto body and used car ~lot. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT C~ANGE THE CHARACTER OF THE DISiRICT because the granting of this use variance would upgrade the character of the district in that it would: 1. Eliminate wrecked cars from premises. 2. Eliminate uncontrolled access on Route 25 and Pequash Avenue. 3. Create new building to enhance district. 4. Control traffic flow (per site plan).' 5. Create a building site in complete conformity with zoning (site plan) ordinance of Southold Town. COUNTY OF ) ~. Signature :; *' i" '" ,t ,~ Sworn to this .............................................. day of ...... ..~....:....=.~.::..,.~..~..;::~..~.. ....... 19 Notary Public /~ - -3-/ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. RES. CZ~ S~S. VL FA~ O CB. MISC. Mkt. Value AGE BUILDING CONDITION N~ NOeL BELOW ABOVE FARM Acr~ Value Per Value Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD BULKH~D Total DOCK , K. Extension ~ Y Y ~,7~ )'~ ~ ~t. Wells a E ' ~/~ Interior Finish LR. Extension Fire Piece /~ Heet /¢~' DR. ~X~ = ~ g,.O /~.. Ty~eRoof ¢ ~g RoomslstFIoor BR. Porch~ ~r ~ ~ ~ ~ z 2~ ?,~ ~ V~ Recreation Room Rooms 2nd Flora FIN. B. Pdrch Dormer Breezeway Driveway Garage Patio O.B. to, ~. R-SO R-80 A-C I I I 10.~.-~-o.· I02.-2-6- 6 ~-102.- 2-6- 8 102.-2-7 102.-2-9 102.-2-11 102.-2-12-2 102.-2-13 102.-2-14 102.-2-15 102 .-2-1 6 192.-2-18 102~2-20 102.-2-21 C SR EDSON DEBORAH D ..... 1,ggiJ ' C UJ EDSON DEaDRAH D 900 3,500 COI KAPUSTKA FRANK & ANN 900 3,500 ...... C PB jAcObs wiLLIAM & WF 809 8~100 800 8;100 CPU DOWLING JOSEPH S & 40C' 4,500 &JO 4,500 ..... C J~ FOGARTY jAMES - 40C 3~200 .... ~00 3,200 C KQ LIZEWSKI JOSEPH J 700 5,700 ?00 5,700 C M~ DEPOT ENTERPRISES INC 1~500 30,500 1,500 ~0,500 C N~ DUNNE JOSEPH P 2,300 4,000 ~300 ~,0~0 C MC HOUSE' JAMES A ~ CAROL ' 3,000 ' 1~,500 - ~,000 11'500 C MV KURKOSKI ELEANOR M ?00 3,000 700 3,0~0 C NO GILEES jOHN E - ?00 ~'i00 ?00 4,1C0 C OH EDSON GRACE 6,600 12,300 6,600 12,30~ C PA KAELIN WALTER 1,300 &,900 1,300 4,~i0 C PT HAMED ESMOND W & WF 1,6OO 7,600 1,600 7~609 ~ KP VERITY MARy JO - ' ?00 5,300 ?00 5'3Cg .1 C ME CUTCHOGUE CEMETERY ASS 5'Oo~] 5,000 5,000 5,000 1,802 102.-2-22 - 102.-2-24 102.-3-2 I02.-~-5- 1 102.-5-6 1{32.-3-10 102.-4-1 102.-~o~. 2 10~.-4-5 102 .-4-6 C MB CUTCHOGUE METH CHURCH C MU SCOTT JOHN G III CNN FRiEMANN SANFORD H & A ~ ~ OG KURC~FW~T C K~ ~'ANbj NicHO~ ~-T"' LH DAWSON JOHN E 2,100 ~"O[~ DAWSON BETTY B C OF GILDERSLEEVE WILLIAM & 600 COY zINGARO WILLIAM L & WF 7C0 C PR SCHARADIN DONALD R ....... C ~k BAXTER'WiLLIAM j JR 1,300 ~ KN MARCO PHILIP & WF ~ EE LANG~ER EDWARD V & ANN C O[ REMSK! ANNA CPE LADEMANN JOHN C ~A LADEMANN JOHN & JOAN C-NJ BEST-FR~NCiS J & WF C DC ~LACHLY FRANKLIN & AND ' - C OV KA[OSKI' PAUL TONY 102.-,~-7 1D2.-G-1D 102.-5-2 102.-5-3 102.-5-~ 102 .-5-5 C PO KOLOSKI MICHAEL C QH LIPNICKI EDWARD C & C RA GROHOSKI EDWARD R ......... C-L~LONG ~SLAND VINEYARDS C MN CRON RICHARD ........ C NG TERP ALFRED J C NZ TERP ALFRED J & WF " C OS TERP ALFRED J JR 3~,, 200 1,800 11,8Og 16,600 I 1,800 16,6gU 7~200 20,~00 7,200 20,400 600 2,500 600 2,500 ~.'O00 .... 8;200 4,000 $,2C0 600 4,000 600 ~,CO0 8'200 2'1 O0 8, 4,900 600 5,000 ?00 5,000 &,200 700 4,200 1~00 ' 1,300 1,300 I ,400 I ,?O0 I ,&O0 1,700 600 3;200 ' 6OO 3'~-OO 600 5,900 600 ~,900 800 6,g00 800 6,900 750 6,250 800 I · ~ 900- "5'200 gO0 5,200 5,!00 5,400 5,100 5,400 7,5~30 7,500 ?,500 7,500 6;]0 5,]00 600 5 0 AN 600 3,300 600 3,300 500 500 SO0 500 - - 900- 900- ' 900 ~O0 4,200 17,800 4,200 1 7,800 3'600 ?~900 3,600 18,100 I ,000 4,?00 1,000 ~ ?go l'gOO 1,900 1,900 1,900 PAGE ..... TOTALS' ';- ...... 50 PARCELS (ACTIVE) 210 210 210 210 210 500 312 1 210 1 210 1 210 1 120 1 210 1 210 1 210 1 695 8 620 8 120 1 170 1 210 1 t, 80 1 210 1 210 1 210 1 210 1 210 1 311 1 312 1 210 1 210 1 210 1 210 1 210 1 120 1 120 1 210 1 210 1 311 1 311 ~ 1 1 1 1 1 1 325,650 19~ 331,400 19 15 13 13 13 13 13 13 1S 13 13 13 13 13 1S 13 13 13 13 1S 15 13 13 13 13 TOWN OF SOUTHOIA), NEW YORK DATE ACTXON OF ~E ZOWmG BOZatD OF AFFO.'.S Public Hear/u~jx Dee. 1974 Appeal No. 1964 Dated October 2~, 1974 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To ThOIR~S A. ~U~g~y# ~resi~lent; T.A.D. Auto Sales Main Aoa~, Cutchogu~, N. Y. Al~ellant 1974 5, December 19, 1~74 at a meeting o! the Zoning Board of Appeals on was considered and the action indicated below was taken on youx ( ) Request /or variance due to lack of access to property ( ~ Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance ( ) th~ al~eal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zon/ng Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confLrmed because ~00 ~.~.lo (e.~,T.) u~on applicat~on of Thomas A. Duffey, President, T.A.D. Auto Sales, Ma~n Road, Cutchogue, ~ew Yor~ for a s~eci&l exception in accordance with tha Zoning Or~inance, Article VII, Section 100-70 B.4 (a) for ~ermission to conduct a use~ car sal~s business, (b) to ereot a second sign. Location of proper=y: llain l~ad, Cutchogue, N~W York, bounded on ~he narth by ,~ain Road~ east by Pequash Avenue, south by Mr. Barteau; weet by Fleet Esta=e. Fee paid $15.00. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because SEE REVERE practical difficulties or unneee~ary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE APPROVED FORM ZB4 Cbairrr~n Board of Appeals ZONING BOARD OF APPEALS Marjorie McDermott, Secret2~ry ( After investigation and inspection the Board finds that applicant requests permi~lon to (a) conduct a used car sales business, (b) to erect a second sign on pr~mises located on * .Main ~oad, Cutchogue, New York. The fi~ings of the ~oard are that applicant has su~mitted a r~vise~ sketch as ro~ested by the ~ard on Decoder 5th, ~ has ag~lie~ for a v~iance ~ern~g ~e stip~ation of ~he Ordin~ce '300 feet fr~ m residential ~e~'. The ~rd f~ds t~t this is a pr~- existing use ~d agrees with the reasoning o~ the applicant The Board finds that the public convenience and welfare and Justice will be served and the l~lally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantiaXly -nJured and the spirit of the Ordinance will be observed. THEREFOP~ IT fiAS RESOL'~D, Thomas A. Duffey, President, T.A.D. AUtO Sales, Inoo, ~,~in Road, Cutchogue, New York be GRA~TED t~rmission to (a) conduct a used car sales busineos and (b) to erect a second sign, on pr~nieos locate~ at Main ~oad, Cutchogue, New York, as applied for~ subject to ~he following restrictions= That applicant ~hall, at no time, have more than fifteen (15) cars for sale on the subject premises. 2. That no cats shall be dispXayed within thirty- five (35') feet o£ Main Road. 3. Tbmt no wrecks shaX1 be stored on tho premises. 4. That no repairs, other than minor ones, shall be conducted on the pre~!see. That applicant shall maintain a green h~dge on the westerly boundary of the property to buffer the residential zone. e That no further business may be established on these premises other than the existing one of the glazier and the used car business of the applicant. The second sign which has been granted is a 2' x 4' illuminated sign, attached to the building, as required by New York State Dupartment of }~tor Vehicles. Vote of the Boardl Ayes,- Messrsi Gillispie, Bergen, Hulas, Grigonis, Doyen. ~ Southold Town Board of Appeals -6- December 5, 1974 you the nearE a gas to that, said that is a yard and offered there were several use in "B-I" zone. There is nothing in the that says there has to be a buffer zone. If at that area we are discussing you will find that residential is across two streets. ~re and presumably the residents did not ect and re are many home occupations Goodale where a boat is pu' the front sale. The Chairman he understood occupations. THE CHAIRMAN: I know zoning procedures speak of these things as special A "special exception" is a misnomer. It is requlr us to grant a special ex- ception if the applicant ~requirements. In this case, the applicant met the req~ements except 300 feet from a residential ~ The Board is~lso required to use its own judgment. ~ w~ d not, in our o~nion, spoil the area to grant thi ~Body Shop. We have many~qther garages in Town that are supposed to store wrecks. Mr. G.i'.dale asked, if this were granted, what'~ould be do.ne t_o ~timinate hazards or unsanitary wrecks. The~hairman said t~t he should speak to the Building Depart~.ent o~Town Coun/~l.~ They are responsible. Mr. Goodale said that ~ ,he/~o.uld ask that it be denied as it is not conducive to iong term growth. There are areas that are residential. PUBLIC HEARING: Appeal No. 1964 - 8:00 P.M. (E.S.T.) upon application of Thomas A. Duffey, T.A.D. Auto Sales, Main Road, Cutchogue, New York for a special exception in accordance with the Zoning Ordinance, Article VII, Section 100-70 B.4 (a) for permission to conduct a used car sales business, (b) to erect a second sign. Location of property: Main Road, Cutchogue, New York, bounded on the north by Main Road; east by Pequash Avenue; south by M. Barteau; west by Fleet Estate. Fee paid $15.00. The Chairman opened the tion for a special exception, attesting to its publication notice to the applicant. hearing by reading the applica- legal notice of hearing, affidavits in the official newspapers, and THE CHAIRMAN: The application is accompanied by a survey indicating that applicant proposes to use an area 200 feet deep from Main Road and 100 feet wide. (Mr. Duffey showed the Board sketch and lease.) Southold Town Board of Appeals -7- December 5, 1974 MR. DUFFEY: They are taking away one car length that the glass people have. THE CHAIRMAN: This sketch by Van Tuyl has diagonal lines. Is the lease different? (There was a general discussion of dimensions). MR. DUFFEY: On the Main Road I get 100 feet and then I go back 200 feet. THE CHAIRMAN: There is no dimension shown here where you could get 200 feet. MR. ROBERT BERGEN: There is only 200 feet on Pequash Avenue, the whole length of the lot. THE CHAI~4AN: I would suggest that you revise this sketch and bring it in again because you are going to have to get a variance to conduct this business which is within 300 feet of a residential district. You have residential areas within 300 feet of this. I am sorry that you are going to be de- layed. Mr. Duffey's son said "it strikes me funny if this is zoned "Business" and you are not allowed to conduct a business within 300 feet of a residential area.., what would be the type of business you could conduct? MR. BERGEN: You could have a real estate office or a general store. THE CHAIRMAN: Who is the owner? MR. DUFFEY: Mr. Nicholas Aliano. He can be reached by telephone. THE CHAIRMAN: This lot is less than 40,000 sq. ft., it is more like 36,000 sq. ft. The owner of the lot, Mr. A]iano, has already leased part of the premises to a glazier. The bulk requirement would be 30,000 sq. ft. You are going to impose another business. We would want to restrict the number of cars displayed. We would be making a variance to permit two businesses on 36,000 sq. ft. where the requirement is 30,000 sq. ft. for each business. A further complication is that your business is within 300 feet of a residential area. Mr. Aliano can not establish any more business on this lot. Unless a limit were put on it, he could put two or three more businesses there. I don't know whether he knows that or not. Southold Town Board of Appeals -8- December 5, 1974 MR. DUFFEY: I don't believe Mr. Aliano plans to put any more businesses there. THE CHAIRMAN: I think what you had better do is come back with a sketch which will show us accurately the portion he is going to lease to you. It doesn't correspond to the property. He is leasing 200 feet and he doesn't have 200 feet. There is some confusion here somewhere. There should be something set aside for the glazier's business. MR. DUFFEY: I think he means from the Main Road. There is 35 feet from the Main Road that I would not put any cars on. (referring to sketch) All I require is right here. The fence is going to the Beachcomber. I will never have more than 12 cars on display. THE CHAIRMAN: You will have to get a variance because you are within 300 feet of a residential area. MR. DUFFEY: You want me to fill out another form for the 300 feet? THE CHAIRMAN: The type of business you are conducting has to be permitted by special exception. The particular type you are conducting "used car business" along with garages can not be conducted within 300 feet of a residential area, and I believe this is zoned 175 feet deep. I don't think the zone extends 500 feet or 400 feet. When they zoned for Business they usually went 200 feet so you will need to fill out a variance form to obtain a variance to conduct this business within 300 feet of a residential zone. Fill out a variance form to conduct a used car business within 300 feet of a residential zone. Your hardship is that a similar type of business has been there within the last few years. There are very few businesses in Southold where there is "B-l" Business which is not within 300 feet of a residential area. (Mr. Duffey's son asked when it was realized about the 300 feet.) THE CHAIRMAN: We investigate these things. I take most of them to Town Counsel. You have hired a lawyer. don't attempt to know everything. We try to help. We MR. DUFFEY: I was an authorized Buick and DeSoto dealer. I realize the value of appearance. I asked Mr. Terry if it would be alright if I freshened up the place and got the junk out of it. I have the utmost faith in keeping the Town pretty. I don't have junk. I will have a very nice display. I hired an attorney to be sure I did it right. Southold Town Board of Appeals -9- December 5, 1974 THE CHAIRMAN: Define on the sketch the area you are going to use, and fill out a variance form for the 300 feet from a residential area. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that decision be postponed on special exception #1964 until December 19, 1974, and that applicant also apply for a variance. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 1971 - 8:15 P.M., up6n application of Walt Whitman Federal Savings & Loan/~ssociation, Main Road and Bay Avenue, Mattituck, New York for~a special beeXCeptionin accordance with the Zoning Ordinance, Article VI, Section 100-60 C (3) (b! for permission to'erect sidewall sign. Location of property. Main Road and ~ay Avenue, Mattituck, New York, bounded on the north bY Main Road; east y Bay Avenue; south by E. & H. Wilsberg; west by J. McCarthy. e paid $15.00. ~The Chairman opened the hearing by reading the applica- tion~or a special exception, legal notice of hearing, affidaO~ts attesting to its publiCation in the official newspape~ and notice to the applicant. THE CHAI~4AN: This ap~'lication is occasioned by the fact that the build,is at an angle to Main Road and Bay Avenue. THE CHAIRMAN:~Is there anyone present who wishes to speak for this appli~c~tion? MR. JOSEPH MA~ER, J~: I am the architect. I have a large site plan~ With me. ~ THE CHAirMAN: I don't th~k we need a site plan. Are those letters raised? MR~j/MAyER: They would b~ slight~projected. /~HE CHAIRMAN: Are they illuminated.~ / ,/ MR. MAYER: No. / .... MR. JOHN R. CLEARY: I ~-epresent the bank.~ Some of our customers have had difficulty approaching the building from the west because of the angle; they can't see a sign in time to stop. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? Appeal No. 1983 TOWN OF SOuTHOLD, NEW ¥Ol~K ACTION OF THE ZONING BOARD OF APPEALS Dated Deoel'~:MJr ACTION OF TB~ZO~NG BOARD OFAPPEALS OF THETOV~NOFSOUTHOLD To Thomas A. Duffcyv Pr~sident T. A. D. Auto Salos Main 1~oad , Cutchogue, N. Y. DATE.~.~....~V 1974 1974 Appellant December 19, at a meeting of the ZonLn~ Board of Appeals on was considered and the action indicated below was taken on your ) Request for variance due to lack of access to property ) Request for a special exception under the Zoning Ordinance v ( ~' Request for a variance to the Zoning Ordinance ( ) 1974 the appeal 1. SPECIAL EXCF~TION. By resolution of the Board it was determined that a special exception ( be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance anc~ the decision of the Building Inspector ( ) be reversed ( ) be 8t45 P.M. (B.S.T.) upon application of Thomas A. D~ffey, c°n~n~e~i~l~, T.A.D. Auto Sales, Main Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 170 B, Subsection (4), Subsection (f) for permission to use pre-existing business property surrounded by residential area. Location of propertyt Main Road~ Cutohogue, New York, hounded on the north by ~4ain Road; east by Pequash Avenuel south by M. Barteau~ west by Fleet Estate. Fee paid $15.00. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because SEE REVERSE practical difficulties (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (c) The variance (does) (does not) observe the sp~it of the Ordinance and (would) change the character of the district because (would not) SEE REVERSE and therefore, it was further detemined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. REVERSE FORM ZB4 ZONING BOABD OF APPEALS M&rJorie McDermott, Secretary After Investigation and inspection the Board finds that applicant requests permission to use pre-existing business property surrounded by resid~ntial area on Main Road, Cutchoque, New Yor~. The findings of the Board are that the use which applicant proposes has been a ~re-existing usa for many years at this location which is situated less than 300 feet from a residential area. The Board feels that to prohibit this l~ted use of property would, to some e~tent, deprive the owner cf use of this 'B-l' zoned pro,arty. The Board agrees with the reasoning of the applicant. The Board £inds that strict application of the Ordinance would produce practical difficulties or ~nnecessary hardship~ the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this prop~'ty and in the same use district~ a~d the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. Tt~REFORE IT WAS RESOLVED, Thomas A. Duffey, President, T.A.9. Auto Sales, Inc., Main Road, C~tchogue, flew Yorl~ be GRA~TED 9ermission to usa pre-existing business property surrounded by residential area on }~in Road, Cutchogue, New York, as applied for. Vote of the Board: Ayes~- Messrs~ Gillispia, Bergen, Grigonis, Hulse, Doyen. Southold Town Board of Appeals -8- December 19, 1974 PUBLIC HEARING: Appeal No. 1983 - 8:45 P.M. (E.S.T.) upon application of Thomas A. Duffey, President, T.A.D. Auto Sales, Main Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article Vii, Section 170 B, subsection (4), Subsection (f) for per- mission to use pre-existing business property surrounded by residential area. Location of property: Main Road, Cutchogue, New York, bounded on the north by Main Road; east by Pequash Avenue; south by M. Barteau; west by Fleet Estate. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: The application is accompanied by an affidavit signed by Edward W. Fox, as follows: "I, Edward W. Fox, state that I did conduct an authorized used car dealership from the premises located at the southwest corner of Pequash Avenue and Main Road, Cutchogue, New York, 11935, for several years during my operation of garage, gas station, and fuel oil business." Dated: December 6, 1974 /s/ Edward W. Fox The accompanying survey indicates the portion of the property that is being leased; the bulk of it is being leased to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. THOMAS A. DUFFEY: I feel that all my business will be conducted locally, I will be giving employment to people in the town of Cutchogue. I have already cleaned it up and cut down the br~bles. I hired local people to do that. All the drums of oil and everything else were taken out. That's the way I propose to keep it. I am a General Motors man, I know my business. The cars will be placed so you can open both doors of the cars. I may have 12 cars.. I would very much like to have this location if I may. THE CHAIRMAN: This is an application to conduct this ~ype of business within 300 feet of a residential zone. So~thold Town Board of Appeals -9- December 19, 1974 THE CHAIRMAN: Is there anyone present who wishes to speak against this application? MR. JOHN MINERVA: I am a resident of Cutchogue, and President of FleetS Neck Property Owners Association. I was aware of the fact that Mr. Fox had a gas station. I don't think he had used cars. He sold cars as they came in. I don't think it was primarily a used car lot. It is not 300 feet away from a residential area. THE CHAIRMAN: That's the reason for this application. He, Mr. Duffey, had an application in for this type of use, a special exception, which is really a required exception as far as this Board is concerned if the applicant meets the criteria in a "B-l" zone for 500' or 600' to the next garage. There are two applications here. One is Mr. Duffey's application to conduct this use and the other, this one, is to conduct use within 300 feet of a residential zone. MR. MINERVA: I don't think it would enhance the neighborhood. It's all open land. We will have a place like Valley Stream. I feel it's the beginning of what happened'there. I don't feel this area calls for this type of business. THE CHAIRMAN: He proposes to limit the number of cars. MR. ROBERT BERGEN: I think he asked for 12 or 15 cars. THE CHAIRMAN: Mr. Duffey doesn't plan to do anything but handle 12 used cars. The property was used for this purpose before. He is not going to sell gas and there will be no repairs done on the property. It will not be like other used car lots that are in existence. THE CHAIRMAN: Does anyone else wish to speak against this application? MR. ROBERT VANDERBECK: I am a Director of the Fleets Neck Property Owners Association. I lived in Nassau County for many years. I have seen that used car lots do not enhance any area. I think it would be unsightly. I have not heard anything about strings of lights. MR. DUFFEY: There will not be any strings of lights. MR. VANDERBECK: I am a resident of Cutchogue and have lived here for three years but have been coming out to Cutchogue for 40 years. I like Cutchogue, I think it is beautiful. When you come from. the west to the east it is quaint and to come upon a used car lot, it strikes me, it is no enhancement of the area. Southold Town Board of Appeals -10- December 19, 1974 THE CHAIRMAN: This is a "B-l" zone. It extends down Pequash Avenue to the next garage. DR. ROSENFELD: I live in what was once Dr. Howard's house. Does that land have access to the Main) Road? When the gas station was there before they had U-Haul trucks access to the Main Road. and THE CHAIRMAN: One of our conditions will be that this business ahould be conducted at least 35 feet from any property line. The building looks as if it is 25 feet from the street. This is the second abandoned gas station that Mr. Duffey has applied for. He does not want to sell gas. It was his suggestion that any business would be conducted 35 feet from the front prop- erty line which means that cars would be placed 35 feet from any property line whether it is on Main Road or Pequash Avenue. DR. ROSENFELD: I am not in favor of this.. I have been coming here since the end of the first World War. When we came here my wife, who is an artist, thought she would start a little gallery and we were told we could not. This seems to me to be an opening wedge. THE CHAIRMAN: Zoning followed old business uses. THE CHAIRMAN: Are there any other questions? If not, I will offer a resolution granting this application. After investigation and inspection the Board finds that applicant requests permission to use pre-existing business property surrounded by residential area on Main Road, Cutchogue, New York. The findings of the Board are that the use which applicant proposes has been a pre-existing use for many years at this location which is situated less than 300 feet from a residential area. The Board feels that to prohibit this limited use of property would, to some extent, deprive the owner of use of this "B-l" zoned property. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. Southold Town Board of Appeals -11- December 19, 1974 On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Thomas A. Duffey, President, T.A.D. Auto Sales, Inc., Main Road, Cutchogue, New York be GRANTED permission to use pre-existing business property surrounded by residential area on Main Road, Cutchogue, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. Decision of the Board on Appeal No. 1964, Thomas A. Duffey, President, T.A.D. Auto Sales, Main Road, Cutchogue, New York was postponed on December 5, 1974 to December 19, 1974. THE CHAIRMAN: This appeal was for a special exception. The type of business you are conducting has to be permitted by special exception. I have since learned that the zone extends for considerably more than 400 feet. (The Chairman read from the minutes of December 5th). "The type of business you are conducting has to be permitted by special exception. The particular type you are conducting "used car business" along with garages can not be conducted within 300 feet of a residential area, and I believe this is zoned 175 feet deep. I don't believe the zone extends 500 feet or 400 feet." I think the Ordinance is unduly restrictive because there is no place you can find "B-l" zone that is not within 300 feet of a residential area. A more or less arbitrary figure was set up. This Ordinance has since been revised without giving due consideration to the fact that this would limit business zones. After investigation and inspection the Board finds that applicant requests permission to (a) conduct a used car sales business, (b) to erect a second sign on premises located on Main Road, Cutchogue, New York. The findings of the Board are that applicant has submitted a revised sketch as requested by the Board on December 5th, and has applied for a variance concerning the stipulation of the Ordinance "300 feet from a residential area". The Board finds that this is a pre- existing use and agrees with the reasoning of the applicant subject to restrictions. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. Southold Town Board of Appeals -12- December 19, 1974 On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Thomas A. Duffey, President, T.A.D. Auto Sales, Inc., Main Road, Cutchogue, New York be GRANTED permission to (a) conduct a used car sales business and (b) to erect a second sign, on premises located at Main Road, Cutchogue, New York, as applied for, subject to the following restrictions: That applicant shall, at no time, have more than fifteen (15) cars for sale on the subject premises. 2. That no cars shall be displayed within thirty- five (35') feet of Main Road. 3. That no wrecks shall be stored on the premises. 4. That no repairs, other than minor ones, shall be conducted on the premises. That applicant shall maintain a green hedge on the westerly boundary of the property to buffer the residential zone. That no further business may be established on these premises other than the existing one of the glazier and the used car business of the applicant. The second sign which has been granted is a 2' x 4' illuminated sign, attached to the building, as required by New York State Depart- ment of Motor Vehicles. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. upon application of ~ S~vices, Inc., Crescent & Fox Avenue, Fish.e~ .I.sla~d~Ne.~k, for a variance in accordance wlth the Zonin~ Ordnance, Article VII, Section 100-70 ~hedul~for perm~on to divide lot with · existi~.Location of prop~y: Crescent Avenue, Fisher~unded on the~Q~er by ~igall; east b~h by Crescent Avenue?'w~s4~by P. & S. Edwards. Fee paid $15.00. PROPE~I'¥ FLEE EC K,~/~ CUTCHOGUE , N.Y., 119~315 March 12, 1990 $outhold Town Planning Board Southold, Ny 11971 Enclosed letter wa sent to you in 1988 in regard ~o Mr. Aliano's plan to erect an office building at Pequash Avenue in Cutchogue. The Board of Directors of this association is of the same opinion as expresaed in X988. Yours vary Toni De President CUTCHOGUE, N.Y., 11'~35 , INC, January 20, 1988 Southold Town Planning ~oard Southold, NY It has come to our attention that Mr. Nick Aliano is planning to erect an attractive office building on Main Road (Route 25) at Pequash Avenua, Cutchogue. Upon conferring with Mr. Aliano, the officers of the association wish to go on record that they are in complete accord with his plans. We concur with Mr. A!iano'e plans for the placement of the driveways and the addition of one driveway on Main Road (Route 25). We feel that these are not unreasonable requests and are in the best interests of Mr. Aliano and our neighborhood. The members and officers of our association have been concerned with the appearance and safety of this intersection for several years and f~el that the proposed buiidin~ ~;=iI enhance the general appearance while affording a better view of Main Road (Route 25) when entering from Per, ash Avenue. Our COnCern is for ~he ~=~ + of .. ,~=~termen_ our co~maunityo it is anticipated that you will take this into consideration during the decision making process regarding this p~op~cy. WFH/td Yours very truly, William p. n . ~resident DI:'PAF~I'MF:'NT OF PLANNING COUNTY OF SUFFOLK PATRICK (~. HALPIN SUFFOLK COUNTY EXECUTIVE :' :)"/- 9 I§ O ' ARTHUR H. KUNZ November 8, 1990 Mr. Cerard ~oehringer, Chairman Town of Southold Zoning Board of Appeals Main Road Southold, New York 11971 Re: Application of "Nicholas Altano" (#3907), Town of Southold (SD-90-23). Dear Mr. Goehringer: Pursuant to the requirements of Sections A14-14 to 23 of the Suffolk County Administrative Code, the Suffolk County Planning Commission on November 7, 1990 reviewed the above captioned application and after due study and deliberation Resolved to disapprove it because of the following reasons: Sufficient information has not been submitted to demonstrate compliance with applicable use variance criteria; me It constitutes an infringement upon legislative powers exclusively delegated to the Town Board; It is inconsistent with the predominant single family residence character of the surrounding area; It would tend to establish a precedent for further non-residence development in the locale; and It constitutes the unwarranted further intensification of use of the premises. Very truly yours, Arthur H. Kurtz Director of Planni~ GGN:mb COUNTY OF SUFFOLK TOWN CLERK TOWN ~F SOUTItOLD fluHolk County, New York 516 - 765-1801 -- ~ ~' So~thola, N. Y. 11971 Ju~th T. Te~, APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, .Ir. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 November 9, 1990 Mr. Henry E. Raynor, Jr. 320 Love Lane Mattituck, NY 11952 Re: Appeal No. 3907 - Nicholas Aliano Dear Henry: Transmitted herewith for your information and file is a copy of the determination received by our office today from the Suffolk County Department of Planning. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk ~ .,By Linda Kowalski Enclosure DEPARTMI;'N? OF PLANNING COUNTY OF SUFFOLK PATRICK (~. HALPIN SUFFOLK COUNTY EXECUTIVE: ARTHUR H. KUNZ DIRECTOR OF PLANNING November 8, 1990 Mr. Gerard Goehringer, Chairman Town of Southold Zoning Board of Appeals Main Road Southold, New York 11971 Re: Application of "Nicholas Aliano" (#3907), Town of Southold (SD-90-23). Dear Mr. Goehringer: Pursuant to the requirements of Sections A14-14 to 23 of the Suffolk County Administrative Code, the Suffolk County Planning Commission on November 7, 1990 reviewed the above captioned application and after due study and deliberation Resolved to disapprove it because of the following reasons: 1. Sufficient information has not been submitted to demonstrate compliance with applicable use variance criteria; 2. It constitutes an infringement upon legislative powers exclusively delegated to the Town Board; 3. It is inconsistent with the predominant single family residence character of the surrounding area; 4. It would tend to establish a precedent for further non-residence development in the locale; and 5. It constitutes the unwarranted further intensification of use of the premises. Very truly yours, Arthur H. Kunz Director of Planni~ an GGN:mb APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOFF L. HARRIS Supervisor Town Hall, 53'095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: XX Variance from the Zoning Code, ArticleIII-~ SectionlO0-30 A.2 Variance from Determination of Southold Town Special Exception, Article , Section Special Permit Building Inspector. Appeal No.: 3907 Applicant: Nicholas Aliano Locati. on of Affected Land: 29950 Main Rd. County Tax Map Item No.: 1000- 102-3-1 Within 500 feet of: Town or Village Boundary Line & 30 Pequash Ave., Cutchogue, NY Body of Water (Bay, Sound or'Estuary) XX State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Boundary of Existing or Proposed County, State or Other Recreation Area Federally Owned Land Federal Park or or COMMENTS: .~omplex. Existing or Proposed Right-of Way of Any Stream or Drainage Owned by the County or for Which The County Has Established Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. Applic~t is requesting permission to construct Proposed construction Channel Channel a retail/office is not permitted in this R-40 Zone District Copies of Town file and related documents enclosed for your review. Dated:October 4, 1990 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD sco'I-r L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 October 1, 1990 Mr. Henry E. Raynor, Jr. 320 Love Lane Mattituck, NY 11952 Re: Appl. No. 3907 - Nicholas Aliano Dear Mr. Raynor: Transmitted for your records is a copy of the official findings and determination in the above matter which was rendered by the Board of Appeals at our June 27, 1990 Regular Meeting. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copy of Decision to: Suffolk County Department of Planning Karen J. Hagen, Esq. Southold Town Planning Board and Staff Southold Town Building Department 1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHOLD TOWN ZONING BOARD OF APPEALS COUNTY OF SUFFOLK : STATE OF NEW YORK SOUTHOLD TOWN ZONING BOARD OF APPEALS : PUBLIC HEARING Main Road, Southold, March 15, 7:30 P.M. BEFORE : GERARD P. GOEHRINGER, chairman. BOARD MEMBERS: CHARLES GRIGONIS, SERGE DOYEN, JR. JAMES DINIZIO, JR. JOSEPH H. SAWICKI JR. Route 25 New York 11971 1990 (Absent) 10 11 ~2 13 14 15 16 17 18 19 20 2~ 22 23 24 52 parts ~f what we are requesting? MS. TRIVAS: Yes. THE CHAIRMAN: Thank you. I make a motion recessing the hearing without a date. MR. DINIZIO: Second. THE CHAIRMAN: All in favor? MR. GRIGONIS: Aye. MR. DOYEN: Aye, MR. DINIZIO: Aye. THE CHAIRMAN: We will take an ap- proximately three minute break and get set for this particular hearing. I make a motion. MR. DOYEN: THE CHAIRMAN: MR. GRIGONIS: Second. All Aye. at 8:40 p.m.) MR. DOYEN: Aye. MR. DINIZIO: Aye. (Whereupon, a brief in favor? recess was taken p.m. and the hearing resumed at 8:50 T/~/E CHAIRMAN: The second to l as~ is Nich~ 1 6 7 8 9 10 12 15 18 17 2O 21 22 2~ 2~ 25 53 I make a motion to reconvene. MR. DOYEN: Second. THE CHAIRMAN: So moved. MR. DOYEN: Aye. MR. DINIZIO: Aye. MR. GRIGONIS: Aye. AN: This is Appeal~ f Nicholas Aliano/ The legal notice reads as follows: Application Number 3907, Nicholas Aliano, Variance to the Zoning Ordinance, Article IIIA, XXV, Section permission to Section 100-30A.2 (Article 100-253A), as disapproved, for construct a retail office complex, proposed construction is not per- mitted in this R-40 Zone District. Property Location: 29950 Main Road, 30 Pequash Avenue, Cutchogue, Suffolk County Tax Map Number 1000, Section 102, Block 03, Lot 01. I have a copy of the site plan dated June, 1989, indicating the nature of the project and I have a copy of the Suffolk County Tax Map indicating this and surround- ing properties in the area. 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 54 Would somebody like to be heard? MR. RAYNOR: Henry Raynor, represent- ing Mr. Nicholas Aliano on this property entitled Pequash Commons. As the Board is well aware, this parcel pre-existed the Zoning Board ordinance of the Town of Southold and has only the business use. We begin the site plan before you, a processing of which commenced in August of 1987. Prior to that 1987, 1986 Mr. Aliano removed the gas tanks from the existing gas station in contempla- tion of building the new structure you see before you on the site plan. Our first meeting with the Planning Board was October of 1987, and subsequent to that, in December, we revised the site plan before you pursuant to requests by the Town Planner. Again, revisions were forthcoming in January of 1988 by the Planning Board. Mr. Aliano revised this plan with the Fleet's Neck Civic Association, and in our possession is a letter of endorsement dated in January of 1988, also a subsequent 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 55 stop the January. At this point, processing because of the changes of zone that was instituted back in I would like to note endorsement dated as of two days ago. In April of 1988, we submitted a revised site plan and we made further revisions. On January 10, 1989, the change of zone ... a new zoning ordinance ... we rezoned the property to R-40. We received no notification whatsoever to stop process- ing from the Planning Board at that time. In April of 1989, we finished plans pertinent to septic and water with the Suffolk County Department of Health Services and in June we submitted our final site plan. We paid our fees to the Town of Southold. Then on August 12th, I again requested this for the second time, the final approval for the site plan from the Planning Board. Subsequent to that, on the 20th of September, I received a notification from the Planning Board, all of a sudden, to 1 2 3 4 5 6 7 8 9 I0 1'~ 12 13 14 15 16 17 18 19 20 21 22 23 24 25 56 that the fees and engineering charges of the applicant is over $25,000 on a very, very small project. We had a meeting with the Town Attor- ney on the 13th of October, the Assistant Town Attorney, and the outcome of that meeting was to instruct us to come over before this Board for the variance hearing. So that, hopefully, will continue the site plan processing which is now stopped at the Planning Board level. We firmly believe that this project is a type and character improving the property as the existing ... pre-existing business and also it is going to be an asset to the neighborhood. I think this is reasonably endorsed by the Fleet's Neck Property Owners Associa- tion. After two and half years of process- ing, we respectfully request support of this Board with this determination. I will be happy Board. to answer any questions from the ture that THE CHAIRMAN: The size of the struc- is on the property now is, 1 2 6 7 8 9 10 11 12 13 14 15 '16 17 18 19 20 21 22 23 24 25 believe, a three bay garage? MR. RAYNOR: That is correct. Plus is being used for real going to stay a separate separate office estate. That is office. MR. ALIANO: small building. THE CHAIRMAN: That is correct. The What is the approxi- 57 size of large? MR. ALIANO: It is about 5,900 square feet. Also, I should conform with all the site plan elements involving landscaping. We have gone through the permit. Everything is in place up to notification in Septe~ber. THE CHAIRMAN: office complex? MR. ALIANO: THE CHAIRMAN: This is a retail That is correct. Strictly for office mate size of the three bay garage? Do you have any idea? You don't have to tell me. MR. ALIANO: I would say approximate- ly in the neighborhood of 2,500 square feet. THE CHAIRMAN: And the approximate the seven unit structure is how 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 58 and the real estate MR. RAYNOR: separate and distinct Yes, that is the case. office. No. They are two rentals presently. THE CHAIRMAN: How long has the gentleman been in the three bay garage? purposes, not for retail business? MR. RAYNOR: It is a mixed use. THE CHAIRMAN: At any one time, how many uses existed on this particular piece of property? MR. RAYNOR: I can think of at least four. THE CHAIRMAN: You are talking about when they had the car sale there and so on? MR. RAYNOR: Car sales. There was a landscaping operation. There was a fuel oil delivery. There was a gas station garage ... auto body, at one time. There were at least five uses and some of those were mixed uses. They were not like business or retail we are proposing. THE CHAIRMAN: More recently we had one single person renting a three bay garage 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. ALIANO: THE CHAIRMAN: that is Mr. Aliano. MR. ALIANO: 59 About a year and a half. Let the record note The man there now does some auto'body work and sheet metal f~bricating. THE CHAIRMAN: Who was there before him? MR. ALIANO: An auto body shop and a gas station prior to that in 1986. I still had a garage there I used. THE CHAIRMAN: Is there anything else you would like to state for the record? MR. ALIANO: I don't believe so. THE CHAIRMAN: I received a call from the Planning Board tonight. They asked me to leave the hearing open for the purpose of dealing with parking plans and I, in some hesitation, do not like to leave hearings open, but in this particular case I will grant them the request and I assume that means they are going to ask you to go back and address the parking plans. MR. RAYNOR: The entire site plan is 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 60 in conformity with the zoning ordinance. THE CHAIRMAN: Let's go back to that October meeting for the moment, and was it that time with the Assistance Town Attorney that you had requested the completion of this particular project? Is that correct, and it was at that time that they told you that you would have to come in here for the various variances? MR. RAYNOR: That is correct. It was subsequent to the notice that the Planning Board gave us on the 20th of September. It is very unfair to the applicant that from the 10th of January all the way through to the 20th of September, in dealing in good faith throughout processing and going for- ward with this in the very straightforward fashion, that there were no responses from the Board. THE CHAIRMAN: Based upon your ex- perience and wisdom in cases of this nature, is there a special time limit that an ap- plication would be permitted to plead any particular problem before another Board, 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 other than this Board, concerning this change of zoning, by which I belieue was Business in the old Master Plan? MR. RAYNOR: Yes, it was Business. time? THE CHAIRMAN: Would be one at that MR. RAYNOR: Yes. THE CHAIRMAN: It is now R-40. t~R. RAYNOR: That is correct. (Discussion held off the record.) 61 discretion on their part. THE CHAIRMAN: what was the first contact you had with them? Again, you must excuse me not thinking about it after the inception of the new zoning ordinance, after January 10, 1989. MR. RAYNOR: We had served them THE CHAIRMAN: Do you feel there would have been a time or do you ... MR. RAYNOR: I am not sure. I don't understand your question. If you are talk- ing about the time generally extended by the Planning Board, usually around 180 days. That's a rule of thumb, however, that is the 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 notification in April of '89 that we were processing or were about to finish the processing with the Department of Health Services and would be, ment with that agency, 62 at the time of agree- returning to their Board with a final site plan. THE CHAIRMAN: I guess that will At this particular point, tions from the audience. do. I am taking ques- We thank you, Mr. Raynor and Mr. this hearing we will date and come back. Is there anybody else to speak in favor of this project? Anybody that would like to speak against this project? MR. ISAACS: Bruce Isaacs. I am speaking in behalf of the North Fork En- vironmental Council, and we are opposed to this appeal. The area is basically a residential area and this would be a spot zone change. We think it encourages other zone changes and before you know it, you could have another commercial strip along Aliano. At the completion of recess it until a later that would like 1 2 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 this area. As tial area 63 I say, it is basically a residen- and we hope that the Board will disapprove of this appeal. THE CHAIRMAN: Thank you, Mr. Isaacs. Hearing nothing further ... yes? MS. SANACTYNOWICZ: Nancy Sanactynowicz. I would like to say that that area is horrendous with the traffic, with the Christmas tree farm across the street, trying to get out of Pequash Avenue, your life is in jeopardy every time you come out of there. I would like the Board to go there and try pulling out of that road and see what they think. Thank you. THE CHAIRMAN: Thank you. Any other comments? Hearing no other comments, I make a motion to recess the hearing until the 19th of April, assuming that is the night of the meeting. We will Mr. Raynor, around the 15th and we will, ticular time, tell you if it readvertise in this case. would you give us a call at that par- is on for the 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 19th. 64 Thank you all for coming in and your comments. I offer that as a resolution. Ali in favor? MR. GRIGONIS: Aye. MR. DOYEN: Aye. MR. DINIZIO: Aye. THE CHAIRMAN: Thank you again. DEPARTMENT OF PLANNING ~COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE April 16, 1990 Tmm of Southold Zoning Board of Appeals Re: Gentlemen: Please be advised that pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above captioned application will not be reviewed because of noncompliance with requirements for notice and maps as stipulated in Informational Bulletin No. 8 of the Suffolk County Planning Commission. The following information will only be accepted upon submission through the offices of the municipal referring agency. Please provide the following: (1) indicate exact variance(s) and or special permit(s) being sought with reference to specific section(s) of the zoning ordinance; (2) submit information demonstrating compliance with applicable variance(s) and/or special permit criteria; (3) finalized information relative to the SEQRA process; (4) a transcript of the minutes of the public hearing; (5) any other available explanatory or supportive information relating thereto; and (6) the analysis and conditional findings of the ZBA. Thank you. Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/sGerald G. Newman Chief Planner Paul Schulze 6340 ,'X~'w Suj[blk Road P.O. Bo': t34 ,¥~.zl, Su[/blk, NY 11956 516-734-5119 April 12, 4990 Zoning Board o£ Appeals Town Hall Southold, NY 1197~ Dear Members of $outhold Zoning Soard of Appeals: Concerning the appeal to build Pequash Commons in Cutchogue: don't let it happen. It will be another unneeded, unfilled and ill-placed parking lot ringed by ugly buildings, contri- buting to the development of the North Fork "strip" that was once a simple Route 25. Look at what haphazard business development has already done to the aesthetics of Mattituck. We are not too far from the horrors of Smithtown or Route 41 in western Florida. Tasteful clustering of businesses in our village centers, leaving rura.1 space between them, would contribute so much more to the celm, pleasant, human environment we expect from the North Fork. Southold Town could les.d the way in setting standards for responsible development instead of constantly hawing to react to developers' proposals. Wl4v not hire a professional town planner to formulate guidelines for coherent, louglasting and beautiful development? Such a proactive approach wou/d, in the long run, be more profitable and would certainly provide a better quality of life for us all. Help save us from random development. As public officials, please keep in mind the well-being of those you represent. Sincerely, April 4~ 1990 Southold Town Board of Appeals Main Road Southold, N.Y. Dear Gerald Goehringer, We have enclosed a petition signed by residents inlthe neighborhood, who would be affected by.the proposed zoning change of the Aliano property at the corner of Pequash Avenue and Main Road, Cutchogue. Some of these residents are members of the Fleets Neck Property Owners Association, who disagreed with their organizations original approval of the plan, but the majority of the signees are not members of this association. We are opposed to this zoning change and hope you will take this into consideration when you make your final decision. Sincerely, Concerned Neighbors SOUTHOLD TOWN ZONING ·OWN HALL, MAIN ROAD SOUTHOLD, N.Y. BOARD MARCH 24, 1990 WE HAVE SIGNED THIS PETITION TO LET YOU KNOW THAT WE ARE NOT IN FAVOR OF A CHANGE OF ZONING FOR THE NICHOLAS ALIANO PROPERTY AT THE CORNER OF PEQUASH AVENUE AND MAIN ROAD, CUTCHOGUE. THIS PROPERTY, LESS THAN~CRE, IS NOT LARGE ENOUGH TO SUPPORT A SEVEN UNIT OFFICE AND RETAIL BUILDING WITH 30 TO 40 PARKING SPACES. TRAFFIC IS EXTREMELY HEAVY AT THIS INTERSECTION, ESPECIALLY DURING THE SUMMER, AND CHRISTMAS SEASON BECAUSE OF THE TREE FARM LOCATED ACROSS THE STREET ON THE MAIN ROAD. THIS PROPOSED ZONING CHANGE WILL LEAD TO MORE CONGESTION AND ACCIDENTS IN THIS RES~IDENTIAL AREA. NAME / ADDRESS ' . SOUTHOLD TOWN ZONING BOARD TOWN HALL, MAIN ROAD SOUTHOLD, N.Y. MARCH 24, 1990 WE HAVE SIGNED THIS PETITION TO LET YOU KNOW THAT WE ARE NOT IN FAVOR OF A CHANGE OF ZONING FOR THE NICHOLAS ALIANO PROPERTY AT THE CORNER OF PEQUASH AVENUE AND ~4AIN ROAD, CUTCHOGUE. THIS PROPERTY, LESS THAN~ACRE, IS NOT LARGE ENOUGH TO SUPPORT A SEVEN UNIT OFFICE AND RETAIL BUILDING WITH 30 TO 40 PARKING SPACES. TRAFFIC IS EXTREMELY HEAVY AT THIS INTERSECTION, ESPECIALLY DURING THE SUMMER, AND CHRISTMAS SEASON BECAUSE OF THE TREE FARM LOCATED ACROSS THE STREET ON THE MAIN ROAD. THIS PROPOSED ZONING CHANGE WILL LEAD TO MORE CONGESTION AND ACCIDENTS IN THIS RESIDENTIAL AREA. SOUTHOLD TOWN ZONING BOARD TOWN HALL, MAIN ROAD SOUTHOLD, N.Y. MARCH 24, 1990 WE HAVE SIGNED THIS PETITION TO LET YOU KNOW THAT WE ARE NOT IN FAVOR OF A CHANGE OF ZONING FOR THE NICHOLAS ALIANO PROPERTY AT THE CORNER OF PEQUASH AVENUE AND MAIN ROAD, CUTCHOGUE. THIS PROPERTY, LESS THAN ACRE, IS NOT LARGE ENOUGH TO SUPPORT A SEVEN UNIT OFFICE AND RETAIL BUILDING WITH 30 TO 40 PARKING SPACES. TRAFFIC IS EXTREMELY HEAVY AT THIS INTERSECTION, ESPECIALLY DURING THE SUMMER, AND CHRISTMAS SEASON BECAUSE OF THE TREE FARM LOCATED ACROSS THE STREET ON THE MAIN ROAD. THIS PROPOSED ZONING CHANGE WILL LEAD TO MORE CONGESTION AND ACCIDENTS IN THIS ~ESIDENT__~AREA. ADDRESS j ,, ,, //O SOUTHOLD TOWN ZONING TOWN HALL, MAIN ROAD SOUTHOLD, N.Y. BOARD MARCH 24, 1990 WE HAVE SIGNED THIS PETITION TO LET YOU KNOW THAT WE ARE NOT IN FAVOR OF A CHANGE OF ZONING FOR THE NICHOLAS ALIANO PROPERTY AT THE CORNER OF PEQUASH AVENUE AND MAIN ROAD, CUTCHOGUE. THIS PROPERTY, LESS THAN ACRE, IS NOT LARGE ENOUGH TO SUPPORT A SEVEN UNIT OFFICE AND RETAIL BUILDING WITH 30 TO 40 PARKING SPACES. TRAFFIC IS EXTREMELY HEAVY AT TttIS INTERSECTION, ESPECIALLY DURING THE SUMMER, AND CHRISTMAS SEASON BECAUSE OF THE TREE FARM LOCATED ACROSS THE STREET ON THE MAIN ROAD. THIS PROPOSED ZONING CHANGE WILL LEAD TO MORE CONGESTION AND ACCIDENTS IN THIS ~ESIDENTIAL AREA. NAME ?? SOUTHOLD TOWN ZONING BOARD TOWN HALL, MAIN ROAD SOUTHOLD, N.Y. MARCH 24, 1990 WE HAVE SIGNED THIS PETITION TO LET YOU KNOW THAT WE ARE NOT IN FAVOR OF A CHANGE OF ZONING FOR THE NICHOLAS ALIANO PROPERTY AT THE CORNER OF PEQUASH AVENUE AND MAIN ROAD, CUTCHOGUE. THIS PROPERTY, LESS THAN ACRE, IS NOT LARGE ENOUGH TO SUPPORT A SEVEN UNIT OFFICE AND RETAIL BUILDING WITH 30 TO 40 PARKING SPACES. TRAFFIC IS EXTREMELY HEAVY AT THIS INTERSECTION, ESPECIALLY DURING THE SUMMER, AND CHRISTMAS SEASON BECAUSE OF THE TREE FARM LOCATED ACROSS THE STREET ON THE MAIN ROAD. THIS PROPOSED ZONING CHANGE WILL LEAD TO MORE CONGESTION AND ACCIDENTS IN THIS RESIDENTIAL AREA. NAME ADDRESS sOUTHOLD TOWN ZONING BOARD TOWN HALL, MAIN ROAD SOUTHOLD, N.Y. MARCH 24, 1990 WE HAVE SIGNED THIS PETITION TO LET YOU KNOW THAT WE ARE NOT IN FAVOR OF A CHANGE OF ZONING FOR THE NICHOLAS ALIANO PROPERTY AT THE CORNER OF PEQUASH AVENUE AND MAIN ROAD, CUTCHOGUE. THIS PROPERTY, LESS THAN ACRE, IS NOT LARGE ENOUGH TO SUPPORT A SEVEN UNIT OFFICE AND RETAIL BUILDING WITH 30 TO 40 PARKING SPACES. TRAFFIC IS EXTREMELY HEAVY AT THIS INTERSECTION, ESPECIALLY DURING THE SUMMER, AND CHRISTMAS SEASON BECAUSE OF THE TREE FARM LOCATED ACROSS THE STREET ON THE MAIN ROAD. THIS PROPOSED ZONING CHANGE WILL LEAD TO MORE CONGESTION AND ACCIDENTS IN THIS RESIDENTIAL AREA. NAME ADDRESS 445 Glen Gaurt Zoning Board of Appeals Town Hall Main Road Southold, NY 11971 April 7, 1990 Gentlemen: I would like to add my voice in opposition to the Pequash Commons as there seems to&no need for more retailers in these hamlets which cannot support those already in existence. These developments seem to be in the interest of the developer and not many others. Let's slow down the march of asphalt before Cutchogue looks like all the western hamlets which make a drive along Route 25 such a sorry sight. Sincerely,/~ ~ Robert P. Lon~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ~: Valerie Scopaz, Town Planner FROM: Zoning Board of Appeals~-~~ DATE: March 28, 1990 RE: Traffic Reports In regarding Jordan's Partners, Breaker's Lands End an~Al~ we are requesting any inzormation received by your offi~ concerning traffic studies done on these parcels. We would also like any environmental aspects done on Aliano. Since we have as of recent date, received applications on Jordan's Partners and Aliano, we are requesting any communications affecting these three parcels on or before April 16, 1990. Thank you for your cooperation. ZBA/df FLI ECK PROPERTY ;,SOCIATION , INC. P.1 CUTCHOGUE , N.Y., 11935 March 27, 1990 Mr, Gerard 6oeh~inger Chairman, Zoning Board of Appeals' Iown of Southold Southold, NY llB71 Dear Mr. 6oehringer: I am writing in reference to the application filed by Hsnrg Pawnor, acting for Nick Aliano, He stated that he wished to upgrade the property at the corner of Pequash and Main Road by building retail stores and offices. He aisc stated that this is endorsed by the Fleets Neck Property Owners Association. This application has been misrepresented to the Zoning Board of Appeals. On January 20 1988, our president Or. William Heneghan and two other board members mat with' Mr. Aliano at hie request. He showed them his plan to build an attractive office building at that corner. There was never any mention of retail stores, In our letter to the Planning Board, we stated that such an office building ~ould improve the general appearance. However, it is our feeling that retail stores would do exactly the opposite, detract from the appearance of the neighborhood. We are unalterablw opposed to the building of retail stores at this site. We are not onlw verw much concerned with the neighborhood, but we feel that there are enough retail stores within one hal~ mils o~ this site. It has been stated that we ars onlw a few summer visitors who are complaining, but on the contrarw more than two thirds of our members live'here year round. Your consideration of our concern for our neighborhood will be appreciated. Yours very truly, Toni Ds Mac President LAW OFFICES WICKHAM, WICKHAM & BRESSLER, MAIN ROAD, P.O. BOX 1424 MATTtTUCK, LONG ISLAND MORTGAGE OFFICE March 23, 1990 Southold Town Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Nicholas Aliano Use Variance SCTM# 1000-102-3-1 Dear Doreen: Please notify the undersigned as to any further hearing dates on the above entitled application. Thank you. Very truly yours, Karen J. Hagen KJH:al >~rch 22~ 199Q Southold Town Board of Appeals Main Road Southold, New York, 11971 Dear Gerard P. Goehringer, Chairnian: In response to Application ~o. 3907: Nicholas Aliano variance zone change. Location of property 29950 i,~ain Road, 30 Pequash Ave., Cutchogue. Please Disapprove his application for the 7 unit structure with twenty nine parking spaces. The property is now zoned R-40 low density Residential District. Article IIIA, Section 30A.1. states" The purpose of the Low-Density Residential R-40 District is to provide areas for residential development where existing neighborhood characteristics, water supply and environmental conditions permit full development densities of approximately one {1} dwelling per acre and where open space and agricultural preservation are not predominate objectives." The .860 acre lot is too small for such an intensive use. The area is already congested with major traffic problems and numerous accidents. Please do not set a precedent for spot zoning. Sincerely, March 18, 1990 Southold Town Board of Appeals ~min Road State Road 25 Southold, N.Y. 11971 Dear Gerard P. Goehringer, Chairman: It has come to my attention that Nicholas Aliano, appeal No. 3907 is requesting a variance zone change. Location of property 29950 b~in Road, 30 Pequash Ave., Cutcho&ue. Please disapprove his application. The 7 unit structure with twenty nine parking spaces will have a devastating impact to the area. The area already has a real problem with traffic. Please do not grant a change of zone. Sincerely, )~arch 18, 1990 Southold Town Board of Appeals Rmin Road State Road 25 Southold, N.Y. 11971 Dear Gerard P. Goehringer, Chairman: It has come to my attention that Nicholas Aliano~ appeal No. 3907 is requesting a variance zone change. Location of property 29950 ~in Road, 30 Pequash Ave., Cutchogue. Please disapprove his application. The 7 unit structure with twenty nine parking spaces will have a devastating impact to the area. The area already has a real problem with traffic. Please do not grant a change of zone. Sineerely, )~arch 18, 1990 Southold Town Board of Appeals ~in Road State Road 25 Southold, N.Y. 11971 Dear Gerard P. Goehringer, Chairman: It has come to my attention that Nicholas Aliano, appeal No. 3907 is requesting a variance zone change. Location of property 29950 b~in Road, 30 Pequash Ave., Cutchogue. Please disapprove his application. The 7 unit structure with twenty nine parking spaces will have a devastating impact to the area. The area already has a real problem with traffic. Please do not grant a change of zone. Sineerely~ ~rch 18, 1990 Southold Town Board of Appeals Lain Road State Road 25 Southold, N.Y. 11971 Dear Gerard P. Goehringer, Chairman: It has come to my attention that Nicholas Aliano, appeal No. 3907 is requesting a variance zone change. Location of property 29950 Main Road, 30 Pequash Ave., Cutchogue. Please disapprove his application. The 7 unit structure with twenty nine parking spaces will have a devastating impact to the area. The area already has a real problem with traffic. Please do not grant a change of zone. ~iarch 18, 1990 Southold Town Board of Appeals ~min Road State Road 25 Southold, N.Y. 11971 Dear Gerard P. Goehringer~ Chairman: It has come to my attention that Nicholas Aliano~ appeal No. 3907 is requesting a variance zone change. Location of property 29950 P~in Road, 30 Pequash Ave., Cutchogue. Please disapprove his application. The ? unit structure with twenty nine parking spaces will have a devastating impact to the area. The area already has a real problem with traffic. Please do not grant a change of zone. Sincerely, l~iarch 18, 1990 Southold Town Board of Appeals Rain Road State Road 25 Southold, N.Y. 11971 Dear Gerard P. Goehringer~ Chairman: It has come to my attention that Nicholas Aliano~ appeal No. 3907 is requesting a variance zone change. Location of property 29950 Main Road, 30 Pequash Ave., Cutchogue. Please disapprove his application. The ? unit structure with twenty nine parking spaces will have a devastating impact to the area. The area already has a real problem with traffic. Please do not grant a change of zone. Sincerely, i~larch 18, 1990 Southotd Town Board ~,.ain Road State Road 25 Southold, N.Y. Dear Gerard It has ~o. 3907 is of Appeals 11971 ~;. Ooei~ringer~ Ohairman: come to my attention that hicholas Aliano, appeal requesting a variance zone change. Location of property 29950 kain Roaa, 30 Pe¼uash ave., Outchogue. tlease disapprove his application. The 7 unit strmctu~e with twenty nine parking spaces will have a devastating impact to the area. The area already has a real problem with tra£±ic. Please do not gra~t a change of zone. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 MEMORANDUM: PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCO'IXL. HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: RE: Gerard P. Goehringer, Chairman Zoning Board of Appeals Bennett Orlowski, Jr., Chairman ~.0.~/~ March 19, 1990 Nicholas Aliano SCTM# 1000-102-3-1 The attached map is in response to your telephone call of March 16, 1990 requesting parking data for the above project. The code provides for eleven (11) parking spaces for the existing site. The proposed new building and existing frame building . (~equash Commons) would require forty (40) parking spaces; a ~6~$% increase. It is important to note that the forty (40) space requirement is predicated on the rental of the space to a precise mix of 3. offices and 5 retail operations. If the building mix were to shift to 5 offices and 3 retail operations, the amount of parking required would increase. The Planning Board's memo to the Zoning Board of March 15, 1990 contains additional concerns and data regarding this proposed use variance. Encl. Town Hall, 53095 Main RoM P.O. Box 1179 Southold, New York 11971 SCOTt L HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765-1800 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM: TO: FROM: DATE: RE: Gerard P. Goehringer, Chairman Zoning Board of Appeals Bennett Orlowski, Jr., Chairman ~.0. ~j~ March 19, 1990 Nicholas Aliano SCTM# 1000-102-3-1 The attached map is in response to your telephone call of March 16, 1990 requesting parking data for the above project. The code provides for eleven (11) parking spaces for the existing site. The proposed new building and existing frame building (Pequash Commons) would require forty (40) parking spaces; a 28% increase. It is important to note that the forty (40) space requirement is predicated on the rental of the space to a precise mix of 3. offices and 5 retail operations. If the building mix were to shift to 5 offices and 3 retail operations, the amount of parking required would increase. The Planning Board's memo to the Zoning Board of March 15, 1990 contains additional concerns and data regarding this proposed use variance. Encl. PARKING CALCULATIONS GROSS RETAIL FLOOR SPACE (UNITS 1,2,4,6, & 7) ........ STALLS REQUIRED (3992 SF / 200 SF/STALL) ............. GROSS OFFICE FLOOR SPACE (EXISTING BLDG.) ............ GROSS OFFICE FLOOR SPACE (UNITS 3 & 5) ............... TOTAL OFFICE FLOOR SPACE {564 SF + 1426 SF) .......... STALLS REQUIRED (1990 SF / 100 SF/STALL) ............. TOTAL STALLS REQUIRED (20 + 20) ...................... TOTAL STALLS PROVIDED ................ . .... HANDICAP STALLS PROVIDED ,-* ..................... 3992 SF 20 STALLS 564 SF 1426 SF 1990 SF 20 STALLS 40 STALLS 40 STALLS 2 STALLS CUTCNOGU~ SHOWN PEOU,4SH COMMONS TOWN OF' SOUTHOLD, NEW YOR/~ (516) 737-337, St, v . d. HHm H/tssoci t s consulting engineers 3505 Veterans Memorial Hwy., Suite M / Ronkonkoma, N.Y. 1177 SHEET NO.: " 8 764 I OFt DIMENSIONAL SITE PLAN luarch 18, i990 Southold Town Board of Appeals ~iain Road State Road 25 Southold, N.Y. 11971 Dear Gerard P. G¢,ahringer, Chairman: Please disapprove Nicholas Aliano, al:peal ho. 3907 variance zone change. Location of troperty 29950 lmin Road, 30 ~equash Ave., Cutchogue. [squash Avenue has major problems now. Please keep it as low density as possible. The Key to avoiming overdevelopment is careful, up-to-date planning. The l,,aster ?lan was revised to protect our Towns from overdevelopment. We don't want the Nor%h Fork to be paved over li~e 2assau County. bimcerely ~ hancy ~awastynowicz Box213 Or~ ent, i~.Y. 11957 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 SCO'I'F L. HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765-1800 MEMORANDUM: PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Gerard P. Goehringer, Chairman Zoning Board of Appeals FROM: Bennett Orlowski, Jr., Chairman DATE: March 15, 1990 RE: Nicholas Aliano SCTM# 1000-102-3-1 The following is in response to your request of December 7, 1990 for comments on Application No. 3907: Nicholas Aliano. First, the Planning Board does not have an application before it at the present time. The Board did have an application before it in 1989. The review of the application was terminated because the proposed use of offices and retail stores are not a permitted use in the R-40 Low Density Residential District, which this property is now zoned. Second, the Board's position is that the placement of two commercial buildings in a residential zone, on a .860 acre lot, with twenty nine (29) additional parking spaces, is a more intensive use than the existing nonconforming real estate office and metal fabrication shop which requires only eleven (11) parking spaces. Third, the applicant states that there is an existing auto body repair shop and wrecked cars on the premises. There are no wrecked cars or auto body repairs being conducted on this site nor have there been since April of 1989 when the Board inspected the site. Fourth, the applicant states in his application that the project will not result in major traffic problems. This statement is not supported by any data, such as a traffic study showing the impact of present use compared with that of the proposed use. Fifth, in the case of Otto v. Steinhilber, the Court of Appeals reversed a Zoning Board decision which granted a variance to conduct a commercial use in a residential district, the court said: Before the Board may exercise its discretion and grant a variance upon the ground of unnecessary hardship, the record must show that (1) the land in question cannot yield a reasonable return if used only for a purpose allowed in that zone; (2) that the plight of the owner is due to unique circumstances and not to the general conditions in the neighborhood which may reflect the unreasonableness of the zoning ordinance itself; and (3) that the use to be authorized by the variance will not alter the essential character of the locality. Since, the applicant has not yet submitted any documentation to support his argument, this Board finds itself unable to comment on the validity of his position. Accordingly, it recommends that the hearing be kept open so that evidence submitted at that time can be examined and commented on. Sixth, the proper forum for this application is before the Town Board for a change of zone. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 MEMORANDUM: PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765-1800 TO: Gerard P. Goehringer, Chairman Zoning Board of Appeals FROM: Bennett Orlowski, Jr., Chairman DATE: March 15, 1990 RE: Nicholas Aliano SCTM# 1000-102-3-1 The following is in response to your request of December 7, 1990 for comments on Application No. 3907: Nicholas Aliano. First, the Planning Board does not have an application before it at the present time. The Board did have an application before it in 1989. The review of the application was terminated because the proposed use of offices and retail stores are not a permitted use in the R-40 Low Density Residential District, which this property is now zoned. Second, the Board's position is that the placement of two commercial buildings in a residential zone, on a .860 acre lot, with twenty nine (29) additional parking spaces, is a more intensive use than the existing nonconforming real estate office and metal fabrication shop which requires only eleven (11) parking spaces. Third, the applicant states that there is an existing auto body repair shop and wrecked cars on the premises. There are no wrecked cars or auto body repairs being conducted on this site nor have there been since April of 1989 when the Board inspected the site. Fourth, the applicant states in his application that the project will not result in major traffic problems. This statement is not supported by any data, such as a traffic study showing the impact of present use compared with that of the proposed use. Fifth, in the case of Otto v. Steinhilber, the Court of Appeals reversed a Zoning Board decision which granted a variance to conduct a commercial use in a residential district, the court said: Before the Board may exercise its discretion and grant a variance upon the ground of unnecessary hardship, the record must show that (1) the land in question cannot yield a reasonable return if used only for a purpose allowed in that zone; (2) that the plight of the owner is due to unique circumstances and not to the general conditions in the neighborhood which may reflect the unreasonableness of the zoning ordinance itself; and (3) that the use to be authorized by the variance will not alter the essential character of the locality. Since, the applicant has not yet submitted any documentation to support his argument, this Board finds itself unable to comment on the validity of his position. Accordingly, it recommends that the hearing be kept open so that evidence submitted at that time can be examined and commented on. Sixth, the proper forum for this application is before the Town Board for a change of zone. LE.E ECK PROPE-~¥ 0 N~,..~.` .',~,~___50CIATION ,INC, CUTCHOGUE , N.¥,, 11935 March 12, 1990 $outhold TOW~I Planning Board Southold, Ny 11971 Centlemen: Enclosed ~ttmr ~ sen% to you in 1988 in regard to Mr. Aliano's plan to erect an office building at Pequask Avenue in Cutchogue. The Board of Directors of this association is of the salne opinion as expressed in 1988. Yours very truly, Toni De Meo FLEE~ECK PROP,,~;~TY OWlet E~SO C ,ATION CUTCHOGUE , N.Y., t1~5 , INC, January 20, 1986 & Southold Town Planning BOard ~outhold, NY It has come to our attention %hat Mr. Nick Aliano is planning to erect an attractive office building on Main Road (Route 25) at Pequash Avenue, Cutchogue. Upon conferring with Mr. Aliano, the officers of the assQciation wish to go On record that they are in . , ~ ~omp.e~ accord with his plans. We concur with Mr. Aliano'~ plans for the placement of the driveways a;~d the addition of One driveway o~l Main Road (Route 25). We feel that these are not unreasonable rsquestv and are in the best interests of Mr. Aliano and our neighborhood. The me.bets and officers of o~r association have been concernsd with the appearance ~nd safety of this intersection for several years and feel that the proposed buildin~ wt!l enhaace th~ general appearance while affording a better view of ~oin Read (Route 25) ~hen entering from Per. ash Avenue. Our concern is for the betterment of our co~mnuni~y. ~t is anticipated the= you will take this into consi:~eration durin~ the decision making process regarding this WF~/td Yours very truly, William F. n - President Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Henry Raynor P. O. Drawer A Jamesport, N.Y. 11947 October 17, 1989 Dear Mr. Raynor RE: Pequash Commons SCTM# 1000-102-3-1 The Planning Board has met on your request for a review of the proposed Pequash Commons project, and comments as follows: As stated in the Board's letter of September 20, 1989, an office building in a Residential District is not a permitted use as per the Town Code, Section 100-30A.2. Your proposal to remove the existing building and construct a new office building is not permitted by the following Article. Article XXIV,( Nonconforming Uses and Buildings ) Section 100-241- A. states," that such building or use shall not be enlarged, altered, reconstructed or restored or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this Chapter, nor shall any evidence of such use be increased by any means whatsoever." Article XXIV, Section 100-241-C. states that such building shall not be changed to another nonconforming use without approval by the Board of Appeals and then only to a use which in the opinion of said Board, is of the same or of a more-restrictive nature. If you elect to apply to the Zoning Board of Appeals for a variance in accordance with Section 100-241-C., the Planning Board will recommend to the Zoning Board of Appeals that the request be denied. The proposed retail and office building will increase lot coverage by more than 10%. It will also increase the parking requirements by 40 spaces. Aesthetics aside, the traffic situation at this intersection is of utmost concern. The Board feels that the proposed retail-office use is not a more restrictive use than the existing real estate office and metal fabrication shop. Very truly yours, Bennett Orlowski Jr. ~ Chairman rgk cc- Board Of Appeals Town Board Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. .JOSEPH H. SAWICKI JAMES DINIZIO, JR. TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the times allotted in the attached Legal Notice. Please feel free t~ 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 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ScoTr L. HARRIS Supeawisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to the 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 Special Meeting, at the Southold Town Hall, Main Road, Southoid, NY, 11971, on WEDNESDAY, MAY 30, 1990, at the following times: 7:30 p.m. Appl. No. 3920 - A. LIOS. Ordinance, Article XXIV, Section 100-244, permission to construct deck additions. Variance to the Zoning as disapproved, for Proposed construction exceeds permitted lot coverage, and will have insufficient side yard setbacks. Property Location: 310 Linda Road, Mattituck, County Tax Map No. 1000, Section 106, Block 1, Lot 14. ~ge 2 - Notice of Hearings Southold Town Board of Appeals Special Meeting of May 30, 1990 7:35 p.m. Appl. No. 3933- PAMELA VALENTINE. Variance to the Zoning Ordinance, Article XXIII, Section 100-231 A, for permission to construct an 8 ft. fence in the front yard area. Fence in the front yard area not to exceed 4 ft. in height. Property Location: 34655 Main Road, Orient, County Tax Map No. 1000, Section 019, Block 01, Lot 5 & 6. 7:40 p.m. Appl. No. 3914 - EVA HALLA. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Article XXIV, Section 100-244, Bulk, Area and Parking, Article XXIII, Section 100-239.4, building setbacks from water or wetlands, for permission to construct a one family dwelling. Property Location: 55 Glen Court, Cutchogue, County Tax Map No. 1000, Section 083, Block 01, Lot 01. 7:45 p.m. Appl. No. 3895 - ROBERT AND ETHELLE SCHROEDER. Variance for reversal of the building inspector for change o~ use of land and existing building without obtaining a certificate of Occupancy. Property location: 4380 Main Road, East Marion, County Tax Map No. 1000, Section 35, Block 5, Lot 4. Page 3 - Notice of Hearings Southold town Board of Appeals Special Meeting of May 30, 1990 fi 7:50 p.m. Appl. No. 3907 - NICHOLAS ALIANO. Variance to ~ he Zoning Ordinance, Article III A, Section 100-30 A.2 (Article · Section 100-253 A), as disapproved, for permission to onstruct a retail/office complex, proposed construction is not ermitted in this R-40 Zone District. Property Location: 29950 ain Road, 30 Pequash Avenue, Cutchogue, County Tax Map No. ~ 000, Section 102, Block 03, Lot 01. 7:55 p.m. Appl. No. 3915 JORDAN'S PARTNERS. Variance to the Zoning Ordinance, Article VII, Section 100-71· as disapproved for permission to construct office and retail stores. Proposed construction is not permitted use in this District. Property Location: 1000 Main Street and 160 Main Road, Greenport, County Tax Map No. 1000, Section 34, Block 2, Lot 1. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allotted. Additional time for your presentation will be available· if needed. For more information, please call 765-1809. Dated May 21, 1990 BY ORDER OF THE $OUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda Mr. Gerard Goehringer, Chairman Zoning Board of Appeals Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, N.Y. 11971 June 22, 1990 Re: Pequash Commons SCTM # 1000-102-3-1 Dear Mr. Goehringer: Pursuant to your request~nd in regard to the above captioned project, the area of the gross floor space of both existing buildings combined is two thousand two hundred and two (2,202) square feet. If you require any additional information, please fee! free to contact this office. Sincerely, . ~, \\ Thomas J. FiI-azzola, P~.~. cc: Mr. Henry Raynor Mr. Nick Aliano ', : ' , ,, ; !;!,h5 1001Middle Country Road, Ridge, NY11961 ; 'i, q.~ [~{(/ TEL (516)924 3230 / FAX: (516)924 3557 1 2 3 4 $ 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TOWN OF SOUTHOLD COUNTY OF SUFFOLK : STATE OF NEW YORK SOUTHOLD TOWN ZONING BOARD OF APPEALS : HEARING, : Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 May 30, 1990 7:36 P.M. B e f o r e: GERARD p. GOEHRINGER, Chairman APPEALS BOARD MEMBERS: CHARLES GRIGONIS, JR., SERGE DOYEN, JR. JOSEPH H. SAWICKI J~MES DINIZIO, JR. Absent Also Present: Doreen Ferwerda Board Secretary GAIL ROSCHEN Official Court Reporter 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 18 THE CHAIrmAN: The next appeal is in behalf of Nicholas Aliano, Appeal Number 3907. I would ask Mr. Raynor if he has anything he would like to add? MR. RAYNOR: Henry Raynor. The Applicant has requested we leave this hearing open to provide the Board with the engineering information and a long form environmental assessment form based on correspondence from the Planning Board and their questions. I believe the Board is now in possession of the planning information. From Stephen Hyman (phonetic) Associates. The environmental assessment form has been submitted. This is the same one that was submitted to the Planning Board on its initial presentation when this project began, back in 1987. That pretty much concludes what we had to respond to. If there are any questions I will be happy to try and answer them. THE CHAIRMAN: the last hearing, and communicated it to you by letter, exact size of the existing garage. The only I asked you at I should probably have is the I know he 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 19 mentioned it was about 2,500 square feet. I was wondering if you could send us a scale of the actual size. MR. RAYNOR: I will be. happy to submit it in writing. THE CHAIRMAN: That's basically what I am looking for, at this point, if you wouldn't mind. I driue by it 14 times a week, and every time I drive by it I do not have my tape with me. It is probably better if it is done in the form of a letter. MR. RAYNOR: Fine. THE CHAIRMAN: We appreciate that. Is there anybody else that would like to speak in favor of this application? Is there anybody that would like to speak against the appli- cation? Yes, Mr. Bressler. MR. BRESSLER: Eric Bressler, Old Pasture Road, Cutchogue, New York. I am here, Mr. Chariman, Members of the Board, of the area and homeowner. Old Pasture Road, Cutchogue, in an individual capacity as a resident I reside on New York. As the 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 20 Board is aware of, Old Pasture Road is the short road which runs into Pequash Avenue and Main Road, the location of the proposed project. Thus I believe that the construction of the proposed project at the intersection of Main Road and Pequash Avenue is going to have a direct impact on me as that is the principal method, in fact, the only method of ingress and egress on a direct basis from where I live. I believe I am close enough and that I would be adversely affected by this application. That having been said, I would like to address the merits of this particular appli- cation. I am most distressed that this matter is in front of the Board for the use variance. I don't believe a use variance is the proper vehicle for the Applicant to obtain the type of relief he is seeking. I believe that the Applicant, based upon my review of the records in this proceeding and what has been presented to the Board, has not established his case before this Board such that it should grant him relief. As the Board is well aware, the use variance is an extremely drastic remedy and 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 21 granted only under narrow circumstances. I believe the record is actually devoid of any information to warrant this Board granting this type of relief. I think what the Board is ~aced with here is much more of a zoning change, more akin to the zoning change primari~ brought before another Board where different considerations were brought into play. I am not insensitive to the timing difficulties that the Applicant has empowered in connection with this particular project. I truly believe that relief lies elsewhere, and that this Board on the basis of what has been put before it is not empowered to grant the relief sought. I believe that on the purely individual basis, the legalities aside, I just don't think it is a very good idea to have a shopping center like that at the inter- section of Pequash Avenue and Main Road. I can tell the Board, from my own experience, at certain times of the day traffic at that location is approaching the level at which some sort of traffic control device other than a stop sign may be warranted. I don't 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 22 think proximity Cutchogue. that is a good idea, given then the to the traffic light in downtown I think if the proposal is approved by this Board and ultimately installed and the stores occupied would lead to a huge traffic problem at the corner of Pequash Avenue and Main Road. I, for one, would be much more satisfied with the current situation than I would with the situation as proposed. So on the strictly neighborhood basis, I don't think it is a very good idea aside from the fact I do not think the Applicant is entitled to relief. THE CHAIRMAN: MR. ANDERSON: Cutchogue. I am also Treasurer of the Fleets Neck Property Owners Association. We have members here this evening. attorney, ~nthony Nowachek, ask permission to have him state our position regarding the variance. Thank you, Mr. Bressler. I am Richard Anderson, THE CHAIRMAN: MR. NOWACHEK: Anthony Nowchek, We have our who I would like to Certainly. Thank you, Mr. Chairman. 326 Williams Avenue, Mineola, 1 2 3 4 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 23 New York. Members of the Board, Mr. Chairman, I want to echo, like Mr. Bressler here, I am a resident of the Fleets Neck also. If you want to, Mr. Chairman, you could poll the residences of Fleets Neck area that are here representing themselves individually and maybe they want to address the Board and maybe they do not, but Fleets Neck Property Owners Association, as you are probably aware of, is a bona fide incorporated property owners association with legal standing status within the State of New York. It comprises of a membership of approximately 125 property owners and families, which sole means of ingress and egress off Main Road to Fleets Neck is Pequash Avenue. Now I am not familiar basically with the type of building that they want to erect. I understand it is an office and store complex. I am aware, I think, and I am correct that the existing use is probably a non-conforming use as far as the present zoning exists. I think the Town and taxpayers footed a big bill 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 24 to sort of have a master plan for zoning, investigated, prepared, discussed, debated, exacerbated and everything else, and now that area becomes R-40. It's residential. With R-40 we have greater density of residential people than you have With other areas. What is proposed in this particular situation is to put in something equivalent to a mini shopping center. One of my recollections, when the master plan was discussed, was that the spirit, the intent, and the good purpose and everything of the master plan was to really have a community with a character. I think your Board is the Board that really must carry that spirit and intent to the end degree where the zoning specifically prohibits, and I echo Mr. Bressler, it is not a use question. It is a change of zone they want. They want to put business into a residential area. There is no dilemma about the definition, whatsoever. It is not a question of use. If you look at the corner now, and you looked at it about five years ago, five years ago it as a mixed bag of whatever was on that 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 25 corner. If you look at it again today, I don't know what non-conforming use properly or legally it has as far as the status is concerned, but I know there is a real estate office and next to it it looks like a used car lot, it's coming into being after there was a sign put above the garage that says it is a repair shop. Now if you look at Main Road, on the south side of Main Road, you have Christmas trees, Santas, a Christmas tree place. Now that's an indication of itself. That's agricultural. One of the things the master plan really didn't want to see was strip zoning. My way of looking at strip zoning is like a broken dotted line. You drop the zoning area here. You leave a blank. You drop the zoning area and eventually you have enough of strips that what will happen is you are going to have a straight line, because everybody caught between those strips leaves and you have another Jericho Turnpike from the westerly end of the Town of Brookhave~ to the easterly end which almost joins Southol( 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 26 If you permit this change of zone, basically you will be permitting a strip to be created. What is there to stop someone at Eugene's Creek (phonetic), a block or half a mile down, to ask for the same type of change of "use"? It really is a change of zone' for business use. I think legally there are several other points to be considered, besides the change of zone. There is also that problem of inter- fering with the flow of traffic, particularly the flow of traffic, pedestrian and motor vehicle, to and from Fleets Neck into Main Road so they could proceed either east or west. That's been a bottleneck. That's not describable for some time. I basically think if you poll the members here, I am speaking for the Association pursuant to resolution of the Board of the Fleets Neck Property Owners Association, and I believe they submitted a letter in opposition I am speaking also for mysel~ individually, as a resident of Fleets Neck, and I also will poll for you, if you will, -- individuals who 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 27 want to speak and object for themselves, individually. THE CHAIRMAN: Thank you. Yes, ma'am. MS. DOTY: of Fleets Neck. attorney. Mr. This is really a change of zone, but even if you look at it as a change of use, the Appli- cant has not provided you with sufficient Debra Doty. I am a resident I also happen to be an Bressler is absolutely correct. return that he has received from the property. He re-rented the property within a month of the prior tenant being in that property. Second of all, he may, in fact, be in violation of the variance that was issued in 1974 for that property. I believe there are restrictions on that variance that say repair shops may not be in there. There is a repair shop there now. There is also absolute evidence -- in fact, the Applicant admitted that he will substantially change the neighbor- hood by changing the use. There is going to be proof to justify the issue of the use variance. There is no evidence regarding the rate of 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 28 he admitted, 50 cars an hour in and out of those premises. That's about one car a minute or 400 cars a business day. He is increasing the number of businesses in that location, where the repair shop is from one to eight. Where the repair shop is, he is increasing parking spaces by 264 percent, from 11 to 40. It is a substantial change. Anybody that lives down in Fleets stated, stated, takes forever to get out of there on a Neck, as Mr. Bressle and as the attorney for the Association knows what ~he traffic is like. It intersection as it is, and we don't need a strip zoning there. I have an image of this as being a Pac Man situation, where under the master plan this was zoned residential but a little Pac Man is going to come along and eat it and turn into business because of a change of variance there, a variance coming through. And then up the street somebody else is going to be eaten up, and it is all going to go all the way out to Orient. I don't summer weekend, during the summer, during the week and at Christmastime. It is a dangerous 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 think we say in you. should let it happen. Thank you. THE CHAIRMAN: Thank you. Is there anything you would like to rebuttal, Mr. Raynor? MR. RAYNOR: Yes, Mr. Chairman. 29 Thank cation form asked for the maximum conceived per hour and that is where that number was generated from, via the engineer. THE CHAIRMAN: Thank you. MR. ALIANO: Nicholas Aliano. I~am the Nassau Point's traffic off that intersection. With regards to the 50 cars, the appli- I think part of the point missed here tonight is when this application was initiated this was a conforming use to the property, back in 1987, prior to January 10th. The change was 1989. As to the intensity of the traffic, two items have been brought out. Number One, I don't think that inter- section is different in any way from that of Eugene's Road. In fact, that traffic is probably a lot more intense, taking all of 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 30 owner of the property. The same people that are here complaining are the same people that bothered me once a month for the last 17 years, "See if you can get rid of the junk cars. They are doing auto body work. They have got to have junk cars around." I cleaned up this place. I got rid of the gas pumps, in view of the fact I was going to put up eight stores. We are talking about 4,000 square feet. I cleaned up this place. I got rid of my gas tanks. I spent two months just getting rid of junk cars and grease and so forth -- did tha corner real estate office, which was the gas station. I spent at least 15 or 20,000 to make it look decent, and these same peopl here were into my daughter, who's here now, almost daily -- "Gee, a change. beautiful. Great." place tenant is going like this one. Also~ they of zone. Gee, the place looks Now I'm being penalized because the looks nice. I don't know what my next to be, if he is going to be I just point that out. keep talking about a change This is not vacant land. There is a 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 31 building on here, two buildings. So we are not changing -- the change of zone, my eyebrow. I think it would be much nicer the way I wanted to do it, but that's okay. You Board make up your minds, but I am being penalized for cleanin up the place. If I had junk cars -- they were the first ones to agree to put an office building, but now that the junk cars are gone I've got a letter -- two letters. THE CHAIrmAN: You want to respond, Mr. Bressler? Remember, we don't want to get into a counterproductive situation here. MR. BRESSLER: Let me state one thing in regards to Mr. Raynor's comments. I am not insensitive to the timing problem that Mr. Raynor alluded to, which is that this thing is going on for quite a while and at the time it was initially conceived it may very well have been conforming. Let me respectfully suggest the Applicant's remedy is not before this Board for a change in the master plan or the zoning ordinance map. However you care to define it, his remedy is not before this Board. It is not my job tonight to tell the Applicant 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 32 to him but whatever THE CHAIRMAN: something you want to MR. NOWACHEK: it is, it is not here. Mr. Nowachek, you have say? I want to say -- I want to commend, in behalf of the Association, Mr. Aliano for undergoing and accomplishing what he did. I think it is commendable and appreciated by the community and residents of the Fleets Neck Property O~ners Association, but I also want to say it is an obligation of a landowner to keep his property in good shape and no rewards. MR. ALIANO: When you have junk cars around, garage. to do. sir, you can't have them all in the Don't tell me what the landlord has You don't tell the tenants to put the cars out on the street. where his remedy may lie for such a change in midstream, but it is my opinion, having dealt with cases, that his remedy does not lie before the Board on the use variance. It lies somewhere else, and I think he would be Well advised if that, as Mr. Raynor says, is his problem to pursue whatever may be availabl~ 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 33 THE CHAIRMAN: Hearing no further comments, I make a motion closing the hearing and reserving decision until later. MR. DOYEN: Second. THE CHAIrmAN: All in favor? MR. DOYEN: Aye. MR. SAWICKI: Aye. MR. DINIZIO: Aye. were THE CHAIRMAN: Thank you all for coming. (Whereupon, the within proceedings concluded) 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 CERTIFICATION 34 I, Gail Roschen, an Official Court Reporter, do hereby certify that the foregoing is a true and accurate transcript of my stenographic notes taken on May 30, 1990. GAIL ROSC~EN P. O. Drawer A Jamesport, NY 11947 May 31, 1990 Gerard P. Goehringer, Chairman Southold Town Zoning Board of Appeals Main Road Southold, NY 11971 RE: Appl No 3907 - Nicholas Aliano Dear Mr,; Goehringer: As requested, the following is an approximation of the square footage of the existing buildings with regard to the above referenced: Garage (lst and 2nd story) Real Estate office l&.00 square foot 570 square foot 2370 total apprcxima~e square footage Should you need any additional information, please don't hesitate to contact me. Sincerely, Henry~3E. Ray, or, UJr. HER:ml P. O. Drawer A Jamesport, NY May 17, 1990 Gerard P. Goehringer, Southold Town Main Road Southold, NY Dear Sirs: As per your Chairman Zoning Board of Appeals 11971 RE: request of May 7, a Long Environmental HER:ml Enc. Ap~l NO 3907 - Nicholas Aliano 1990, please find enclosed Assessment Form for the above referenced. S~incerely~ /% , Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be consic as part of the application for approval and may be subject to further verification and public review. Provide any addit information you beiieve will be needed to complete Parts 2 and 3. l't is expected that completion of the full EAr will be dependent on information currently available and will not new studies, research or invesugation. If information requiring such additional work is unavailable, so indicate and so each instance. NAME OF ACTION PeQuash Commons site plan LOCATION OF ACTION (Inciu~e Street Address, Municipality and County) Mai~n Road and Pequash Avenue, NAME OF APPLICANT/SPONSOR Cutchogue Nich____~olas Aliano contact Henry E. Raynor, Jr. ADDRESS BUSINESS TELEPHONE I 516 298-8420 ~. R nor Jr. , NAME OF OWNER (If different) Po Drawer A I STATE Z]P CODE NY 11947 ADDRESS BUSINESS TELEPHONE CJ3-Y/PO DESCRI~TION OF ACT;ON site plan ~-to construct retail shops and offices Please Complete Each Question-Indicate N.A. if not applicable A. Site Description Physica setting of overall proiect, both developed and undeveloped areas. 1. Present land use: ~Urban /-]industrial ~Commercial ~'Residential (suburban) [Forest ImAgriculture ~Other 2. Total acreage of project area: .86 acres. APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) PRESENTLY AFTER COMPLETION Forested acres acres acres acres A§rJcuJtural (Includes orchards, cropland, pasture, etc.) acres ' acres Wetland (Freshwater or tidal as per Artic es 24, 25 of ECL) acres Water Surface Area acres Unvegetated (Rock, earth or fiji) acres acres Roads, buildings and other paved surfaces acres Other (Indicate type) acres acres 3. What is predominant soil type(s) on project site~ topsoilt sand and qravel a. Soil drainage: ~WeJ] drained I Of) % of site (Moderately well drained % of site []Poorly drained 9~ pi site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NY Land Classification System? 0 acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppmgs on project site.~ ~Yes UNO. a. What is depth to bedrock? ri/r~ (in feet) ~RuraJ (non-far ""I5% or greate.~__ 6. Is prolect substantially contain a building, site, o~}~trict, l~ed on the State or the Nation: Registers of Historic Places? []Yes ~No 7. is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ~]Yes 8. What is the depth of the water table? _+ 3.5 (in feet) 9. [s site located over a primary, principal, or sole source aquifer? F-TYes ~]:No 10. Do hunting, fishing or shell fishing opportunities presently exist in the proiect area? F'lYes rXlNo 11. Does project site contain any species of plant or animal life that is identified as threatened or endangerec I"~ N o According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., dliffs, dunes, other geological formation E~Yes ~No Describe 13. [s the proiect site presently used by the communiW or neighborhood as an open space ot recreation area ~]Yes ~]~No If yes, explain 14. Does the present site include scenic views known to be important to the communiW? f~Yes 15. Streams within or contiguous to project area: nc~n~ a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to proiect area: a. Name NONE 17. Is the site served bv existing public utilities? 1~Yes ~No a) If Yes, does sufficient capacity exist to allow connection? b) tf Yes, will imarovement~ be necessary to alIow connection? b. Size (in acres) .~Yes ~No -'Yes -~No 18. is the site located in an agricultural district certified pursuant to Agriculture and ,Markets Law, Articie 25-A,z Section 303 and 304? -~Yes "~No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Articie 8 of the ECL, and 6 NYCRR 6177 ~]Yes ~No 20. Has the site ever been used for the disposal of solid or hazardous wastes? ~Yes ~No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor .86 acres. b. Project acreage to be developed: .86 acres initially; .86 acres ultimately. c. Proiect acreage to remain undeve!oped 0 acres. d. Length of project, in miles: ri.la (If appropriate) e. If the proiect is an expansion, indicate percent of expansion proposed %; f. Number of off-street parking spaces existing ; proposed pe~' ~own ordinance g. Maximum vehicular trips generated per hour 50 (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately i. Dimensions (in feet) of largest proposed structure height;., width; length. j. Linear feet of froptage along a public thoroughfare project will occupy is? ft. 3. 'Wilt disturbed areas-oe re~med !'~ I~MYes-' []No []N/A a. If yes, for what intend.~ pumose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? r-Yes E3No c. Will upper subsoil be stockpiled for rec amation? []Yes []No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0 acres. S. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? ~No 6. If single phase project: Anticipated period of construction 6 months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated 1 (number). b. Anticipated date of commencement phase 1 2, c. Approximate completion date of final phase 8 d. Is phase 1 functionally dependent on subsequent phases? 8. Will blasting occur during construction? I-lyes ~No 9. Number of iobs generated: during construction 20 10. Number of iobs eliminated by this project 0 11. Will proiect require relocation of any projects or facilities? 0 cubic yaros month ~ year, (including demolition). month 89 year. [Yes ~No ; after project is complete 16 []Yes lrlNo If yes, explain 12. ls surface liquid waste disposal involved? OYes ~jNo a. If yes, indicate Wpe of waste (sewage, industrial, etc.) and amount b, Name of water body into which effluent will be discharged 13. is subsurface liquid waste disposal involved? [~<Yes rmNo Type 14. *~'~ill surface area of an existing water body increase or decrease bv proposal? Explain seweraqe (domestic) ~Yes ~No 15. 16. Is project or any portion of prolect located in a 100 year flood plain? EYes Will the project generate solid waste? mYes GNa a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? i-lYes reno c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? e. if Yes. explain _r~No I-qYes []No 17. 18. 19. 20. 21. 22. 23. 24. Will the project involve the disposal of solid waste? a. If yes, what is the anticipated rate of disposal? b. 1~ yes, what is the anticipated site life? Will project use herbicides or pesticides? []Yes I-lYes tons/month. years. ~No Will project routinely produce odors (more than one hour per day)? FqYes ~No Will project produce operating noise exceeding the local ambient noise levels? rqYes Will project result in an increase in energy use? r~Yes F'lNo If yes , indicate type(s) electricity per SCODHS specs If water supply is from wefts, indicate pumping capacity gallons/minute. Total anticipated water usage per day 600 gallons/day. Does project involve Local, State or Federal funding? [l-lYes [~No If Yes, explain ~]No 4 25. Approve s Required: City. Town, Village Board r--Tyes []No City, Town, Village Planning Board ~tYes City, Town Zoning Board I~Yes ~,No City, County Health Department EYes I-'lNo Other Local Agencies [~:Yes Other Regional Agencies []Yes ~No State Agencies ~iYes Federal Agencies []Yes ~No C. Zoning and Planning Information site plan SCPC DOT I. Does proposed action involve a planning or zoning decision? ~]Yes I-qNo If Yes, indicate decision required: []zoning amendment I-izoning variance ~speciaJ use permit r~subdivision J~site plan I~newtrevision of master plan ~]resource management plan ~other 2. What is the zoning cJassification(s)of the site? Cu~'rently R-40; prior to ]./'90 B-]. 3. What is the maximum potential development of the site if developed as permitted by the present zoning? Submitta Date 4. What is the proposed zoning of the site? B-i 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. !_5 the proposed action consistent with the recommended uses in adopted locat land use plans? ' ICe. Yes 7 What are the predom nant land use(s) and zoning classifications within a V, rode radius of proposed action? B-l, residential/resort, R-40 ' 8 Is the proposed action compatible with adjoining/surrounding land uses within a V, mile? ~Yes 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ~Yes 11. Will the proposed action create a demand for any communiW provided services (recreation, education, polic: fire protection}? ~]Yes I-INo a. If yes, is existing capacity sufficient to handle projected demand? ~'3Yes r"INo 12. Will the proposed action result in the generation of traffic significantly above present levels? ~'tyes r-3N, . a. If yes, is the existing road network adequate to handle the additional traffic? ~]Yes ~No- D. Informational Details Attach any additional information as may be needed to clarify your proiect. If there are or may be any advers impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate c avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge, Applicant/Sponsor Name Henry E. Ravnor, Jr - AQent Date 5/21/90 Signature Tide Agent for Aliano If the action is in the Coastal Area, and you are a state agency, comp|ere the Coastal Assessment Form beiore p~oceedin~ with this assessment. ' 5 PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telep_hone (516) 765-1938 MEMORANDUM PLANNING BOARD OFFICE TOWN OF SOUTHOLD [ ~ - S~verv {ARRIS sor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 TO: FROM: DATE: RE: Gerard P. Goehringer, Chairman, Board of Appeals Bennett Orlowski, Jr. ~/4~/ Chairman May 21, 1990 Nicholas Aliano - Proposed Site Plan for Pequash Commons SCTM~ 1000-102-3-1 The following is in response to Messrs. Aliano and Raynor letters of April 11, 1990 and April 6, 1990 commenting on the Planning Board's memorandum of March 15, 1990 regarding the proposed project known as Peguash Commons. Mr. Raynor states the reason he is before the Appeals Board is due to the lack of processing and delay on the part of the Planning Board. An inspection of the file reveals the last correspondence received from Mr. Raynor pertaining to Pequash Commons, was a revised site plan submitted on April 15, 1988. The next communication from Mr. Raynor was a new application for site plan approval received on August 9, 1989, a period of applicant inactivity of sixteen months. The Planning Board terminated it's review on September 20, 1989 because offices and retail stores are not a permitted use in the R-40 Low Density Residential District. The environmental assessment form submitted with the application incorrectly shows the zoning classification of the site as B-l, the site is zoned R-40 Low Density Residential District. Page 2 Nicholas Aliano Mr. Raynor's statement that the question of a more intensive use of the site should be mute before the Zoning Board is incorrect. S.E.Q.R.A. examines all aspects that affect the environment. A 364% increase in parking requirements in a residential district is hardly a mute issue before the Zoning Board. The issue of junk cars on the site as an argument in favor of receiving Zoning Board approval is incorrect. There are at present no junk cars on the site. The traffic data supplied by Mr. Raynor is static and not specific to the site. The average and seasonal traffic flow at the site must be evaluated. The Planning Board is not in favor of a more intensive use of this site and refers the Zoning Board to its March 15, 1990 memorandum (copy enclosed) in which additional reasons are given in support of its position. Encl. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 MEMORANDUM: TO: FROM: DATE: RE: PLANNING BOARD OFFICE TOWN OFSOUTHOLD Gerard P. Goehringer, Chairman Zoning Board of Appeals Bennett Orlowski, Jr., Chairman March 15, 1990 Nicholas Aliano SCTM~ 1000-102-3-1 Scour L. HARRI Supervisor Fax (516) 765-182 Telephone (516) 765- The following is in response to your request of December 7, 1990 for comments on Application No. 3907: Nicholas Aliano. First, the Planning Board does not.have an application before it at the present time. The Board did have an application before it in 1989. The review of the application was terminated because the proposed use of offices and retail stores are not a permitted use in the R-40 Low Density Residential District~ which this property is now zoned. Second, the Board's position is that the placement of two commercial buildings in a residential zone, on a .860 acre lot, with twenty nine (29) additional parking spaces, is a more intensive use than the existing.nonconforming real estate office and metal fabrication shop which requires only eleven (11) parking spaces. Third, the applicant states that there is an existing auto body repair shop and wrecked cars on the premises. There are no wrecked cars or auto body repairs being conducted on this site nor have there been since April of 1989 when the Board inspected the site. Fourth, the applicant states in his application that the project will not result in major traffic problems. This statement is not supported by any data, such as a traffic study showing the impact of present use compared with that of the proposed use. Fifth, in the case of Otto v. Steinhilber, the Court of Appeals reversed a Zoning Board decision which granted a variance to conduct a commercial use in a residential district, the court said: Before the Board may exercise its discretion and grant a variance upon the ground of unnecessary hardship, the record must show that (1) the land in question cannot yield a reasonable return if used only for a purpose allowed in that zone; (2) that the plight of tb.e ~WDer is due to unique circumstances and not to the general conditions in the neighborhood which may reflect th~ unreasonableness of the zoning ordinance itself; and (3) that the Use to be authorized by the variance will not alter the essential character of the locality. Since, the applicant has not yet submitted any documentation to support his argument, this Board finds itself unable to comment on the validity of his position. Accordingly, it recommends that the hearing be kept open so that evidence submitted at that time can be examined and commented on. Sixth, the proper forum for this application is before the Town Board for a change of Zone. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 May 7, 1990 Mr. Henry Raynor P.O. Drawer A Jamesport, NY 11947 RE: Appl. No. 3907 - Nicholas Aliano Dear Henry, This Board requested at a special meeting held May 1, 1990 that a Long Environmental Form be completed and submitted to us on or before May 29, 1990. Thank you for your cooperation on this matter. Very truly yoqr s, / Gerard P. Goehringer Chairman ZBA/df Enclosure P. O. Drawer A Jamesport, NY April 13, 1990 11947 Gerard P. Goehringe£, Chairman Southold Town Zoning Board of Appeals Main Road Southold, NY 11971 Dear Mr. Goehringer: ~ Enclosed herewith are written responses from Mr. Aliano an~ myself pertaining to the letter forwarded to your Board by the Planning Board with regard to Pequash Commons. Also enclosed are site counts and flow numbers for traffic at this site based on the proposed const£uction. We would consider accomodating the Fleets Neck Property Owners Association by restricting this project to office space only, were we to obtain a variance from the town'~ parking requirements and retain the same building plan as submitted. We would be willing to amend this application to reflect this request should it appear to be a prudent course of action. Best regards, ~e ~Ra~yn~~ HER:ml ALIANO 11 ASHLEY LANE SHOREHAM, N.Y. 11786 (516) 744-1448 April 11, 1990 Gerard P. Goehringer, Chairman Southold Town Zoning Board of Appeals Main Road Southold, N.Y. 11971 RE: Pequash Commons, Application ~3907 Dear Mr. Goehringer, I have been the owner of this property since October 1, 1973. From the time I owned it until late 1988, this property was used for Auto Body repairs as well as a Used Car lot and Parts Outlet. And from Late 1988 to now, a combination Metal Fabrication and Auto Body shop. in the word of Dr. Heneghan, Past President of Fleets Neck Owner Association - Directions to and from visitors was to turn right at the Junk Yard. Dr. Heneghan also will confirm that in the past year and a half at least 30 to 40 Junked Cars were removed from the premises. I put up a stockade fence, which incidentally there were no violations and was not mandatory but did so and the request of the Fleets Neck Assoc. and the building inspector. Since 1973 I had been constantly requested by area residents to try to keep the Junk Cars outside the fence more orderly, etc. In 1986 I faced an alternative of continuing with a gas station and Body Shop, Used Car lot ( which was most lucrative) or to erect a new Office-Retail Building. I removed the gas tanks, documents available. My intent was to provide 2 of my older daughters with an attractive Colonial Building, the same as I deeded to my youngest daughter, (which incidentally received an award for most attractive Colonial Building in Riverhead, photos attached) to be used for Real Estate, Travel A9ency and Childrens Shoe Store. I then proceeded to renovate the corner frame building for my daughter Patricia Krupski and her husband. Towns people come in almost daily to compliment my daughter on how beautiful the place looks. ,~ALIANO Peqush Co~ons Appl~ 3907 -2- I then met several times withDoctor Hene~han and other members and showed them the site plan and photos of the actual building to be erected and where my younger daughter and John Hancock Ins.Co. occupied the same building on Route 25, Aquebogue. In my conversations with Dr. Heneghan I referred to the "office building, same as my daughter" I did not intend to mislead the association by saying,office building. Note: Fleets Neck Letter, RE: Site plan and building enhancement w~s their main concern. I thought it made no difference between office/retail combination. I have spent over $25,000. on this project and a good part of it was changes for Mrs. Scopaz. When she flat out refused my site plan showing 2-20' driveways on 25A and would only give 1-20'. I asked for an appointment to see her and had to trait two weeks, and then she postponed it another week or so. When Mr. Raynor and I finally got to see her, she stood by her 20' ~.. She told me about other site plans larger than mine she'd only give 20' to etc.etc. It was then that I advised her that this was another form of economic blackmail - and that she could tell the Fleets Neck people that she'd rather have a junk yard because I already had 200' of pre-existing driveway frontage on 25A plus 200' on Pequash. It was only then that she offered 1-40' driveway instead of the 2-20' on Rte.25. In anticipation of final approval I removed all of the junk and junked cars, - cleaned up the place and insisted all car repairs be kept inside the fence and or garage and now I get The Boards cute "there were no wrecked cars or Body repairs in April, 1989". Even Dr.Heneghan laughed at that one. I feel that I entered into this project with clean hands and in good faith and that the Planning Depts. delays and see-sawing between Architects, Engineers, Surveyors, Well-Driller, Site Plans and delays of every kind, and then to top it off with notification of a change of zone. To me this is either Incompetence or a lack of Good Faith. Respectfully, NA; Enclosure: Partial list documentation(more upon request) P. O. Drawer A Jamesport, NY April 6, 1990 Gerard P. Goehringer, Chairman Southold Town Zoning Board of Appeals Main Road Southold, NY 11971 RE: Pequash Commons - Application No 3907 Dear Mr. Goehringer: Thank you for the opportunity to respond to the Planning Board memorandum of March 15, 1990. In response to paragraph two - The Planning Board returned our application without request on applicant's part, contrary to information given to us by the then Town Attorney. In response to paragraph three - The termination was determined by the Planning Board nine months after the change of zone went into effect and two years after the application was in process before this Board. In response to item two - The Planning Board never raised the question of intensive use for the two years of processing. The site plan conforms to the zoning ordinance in the use district that it was in until January 10, 1990. The question of intensivity should be mute for the Zoning Board of Appeals and should not be considered; rather it should be addressed in the site plan before the Planning Board. In response to item three - The Planning Board fails to note that auto body work and automotive repairs have taken place during this period. In April 1989, auto repairs and auto body work had been terminated in belief that site plan approval would be shortly forthcoming. The enclosed statement from a tenant reflects a limited amount of activity was still ongoing after April 1989, therefore, the conclusions drawn by the Planning Board are erroneous. In response to item four - Enclosed are traffic flow data sheets reflecting proposed utilization on the project. The resulting traffic flow is miniscule in comparison with the existing flow on New York State Route 25. The design by Steven J. Hyman Associates is to mitigate flow problems. This has been redesigned to its present configuration at the request of the Planning Board office and Department of Transportation during 1987 and 1988. I have attached data for your Board's review. Gerard P. Goehringer, Chairman Southold Town Zoning Board of Appeals Page 2 In response to item five - The case of Otto vs. Steinhilber is irrelevant to this variance hearing in that the applicant's property was already zoned Business when the upgraded site plas was commenced. In Austin vs. Older, the Michigan Supreme Court ruled the municipality has the right to oversee the expansion of nonconforming uses. The Planning Board's vague assertion of documentation to support this project has been before that Board for over two years. There is no area of argument before the Planning Board, as the variance is soley in the jurisdiction of the Zoning Board of Appeals. In response to item six - the opinion of proper forum being before the Town Board is totally without merit as action on this proposal predates zoning change. We are dealing with a proposal to upgrade a .86 piece of property from an auto body metal fabrication shop and auto repair junk yard to a new office/retail complex brought to the standards of the Town Zoning Ordinance site plan elements. This property is before your Board for a variance. It is due to the lack of processing and delay on the part of the Planning Board office. This project began in 1987 over two years prior to any zoning changes. It is the result of confusion and lack of response by the Planning Board office that has placed us before your Board. Again, we thank you for your consideration in this matter. Respectfully, HER:ml Enc. APR I ~ Iq~o March 22, 1990 consulting engineers Henry Raynor 320 Love Lane Mattituck, New York 11952 Re: Pequash Commons Project # 8764 Dear Henry: Pursuant to our conversatiou and at }'our request, I have prepared the following information for your use. It has been derived from data obtained from the Institute of Transportation Engineers (ITE). I've also included a cha~'t with the appropriate figures highlighted. For the various possible land uses for this site, the average trips generated are as follows: 1. Convenience Market (2500 sf+_) = 1891 trips/day 2. Fast food restaura;~t = 2030 trips/day 3. Drive-in S & L bank 1008 trips/day 4. Retail/office as proposed = 301 trips/day I hope these numbers serve your purpose. If you require additional information, please co;,~.tact this office at your convenience. encl . cc: N. Aliano PoEo 3505 Veterans Memorial Hwy., Suite M / Ronkonkoma, N. Y. 11779 / (516) 737-3378 / lax: (516) 737-0753 CUTCHOGUE , N.Y., 119~5 March 12, 1990 $outhold Town Planning Board Southold, Ny 11971 Gentlemen: Enclosed letter we sent to you in 1988 in regard.to Mr. Aliano's plan to erect an office building at Pequash Avenue in Cutchogue. The Board of Directors of this association is of the same opinion as expressed in 1988. Yours very truly, Toni De Meo President March 25, 1990 To Whom It May Concern: I hereby state that on May 1, 1988 I rented the Cement Block Building with Land surrounding it for the purpose of Metal Fabrication of plumbing and heating ducts etc. with an option to sublet Auto Body. I conducted my business of Metal Fabrication as my main busi- ness and did some auto body and motor repairs. I fabricated metal dash boards for race cars, such as shatter boxes for race cars for Tim Annabel, Stillwater Ave., Cutchogue. I reconstructed a jeep that was badly rusted as well as other autometive new quarter panels and rocker panels for different customers. I made protective metal plates for John Lake Land~ scaping, to protect his hydraulic truck lifts etc. Mr. Aliano fully explained to me that he was processing with the PlanninG Board a new Colonial Building and that I was on a month to month basis since his plan was to demolish the existinG Auto Body Building. Prior to my conducting any business, I spent several weeks or mere disposing of Auto parts inside the building, such as motors, rear ends, fenders and etc. Grease on walls, ceiling and floors required another two weeks or more. Mr. Aliano disposed of dumpsters full of tires, auto parts and many junked cars which filled the entire fenced in area and many outside the fence. This was aceom~lished after I moved in. I ~wear to the above statement H. Daniel Jones NOTARY FU~LIC, Stal~ of New 3940 Westphalia Road m. 52- ,i612740 ~ttituck, N.Y. 11952 ~i~io. ~Fi~el ~ I PROPERTY CUTCHOGUE*, N.Y., 119;~5 FLEET'~ECK OWN?~_~SOCIATIOI January 20, 1988 Southold To~n Planning Board Southold, NY Dear Members: It has come to our attention that Hr. Nick Aliens is planning to erect an attractive office building on Main Road (Route 25) at Pequash Avenue, Cutchogua. Upon conferring with Mr. Aliens, the officere of the association wish to go on record that they are in complete accord with hie ~lane. We concur with Mr. Aliano'a plans for the placement of thedrivewaye and the addition of one driveway on Hain Road (Route 25). We feel that these are not unreasonable requests and'are mn the best interests of Mr,' Aliens and our neighborhood. Tho members and officers of our association have been concerned with the appearange and safety of this intersection for several years and feel that the proposed building will enhance the general appearance while affording e better view of Hain Road (Route 25) when entering from Pequash Avenue. Ou~ concern iH for the betterment of our community. It is anticipated that you will take this into consideration during the decision making process regarding this property. WFH/~d Yours very truly, William F. Heneghan,~M.D. / President Valerie Scopaz Southold Town Planning Board Main Road 'Southold, NY 11971 '~ ?~.::O.~i'Draw~er A' ~. - ' ".' Jamesport, MY 11947 Agrtl, 7, 1988. ' - .* · ,~ Enclosed herewith are the, revised site plans*per youc re¢ommenda=lon and ~ha~ of ~he Plann£n9 BOard on,~he property :.of N£cholas Altano at ~e~uash,Avenue,..Cutchogue,*!New'York. As this should com9lebe.~:th~'site plan~'elements I Woul~ request a presubmtssion conference befoce..the eacl£est convenience, . _ .,. ' ' : ~." ',..- ~' , S~ncerely, .. , - Henry ~.. Raynor~ Jr. Ence. %.. Steven J. ~yman 3505 Veterans Memorial Highway, Ronkonkoma, NY 11779 Dea~ Steve: Suite M RE= Aliano site.plan at Peguash =o_.__'_Z~cloee~..please find revisiOn's-~e~uee~e~']._''_ . ' .~unce on t~e above pConert. ,. '~, ~ ,- u.~ur Presuomission pleas~ don't, hesitate to co~=ac~'me~' y~u nave any questions, / HER:mi Eric Henry E..Rayno~,~ Jr. BOX $000 e'8outhold. New York 11971 · (516) 766-3671 TEST HOLE DATA SHEET Name: Ntcle.M.tano 1~enry Raynor request. Surveyor: ":?~ '" Location: Cue'o~ogue Tax Map Number: Prelect De~riptloni b3t.:,~na~l~uilcltngs Date: IX 4/6/89 ..,~ Da~k brown sandy loam t loam~ ean~1 Pale bto~m medium t.o coarse sand Comments: '.Copy t,o Steve ". Test' . ~.'Aahle' This is a coprA-Of your test hote data an~ a hilt. ,,, $100,00.-.; :' i' '.1,?'~86~i.-,,.:,:~; ~. - ' '" ' ~ f~ no~h line and 2~' ~r~ east l~ne f June .204 Mr. Robert Jewell, P.E. Suffolk County Dept. of Ilealth S~ices Bureau of Wastewater Hanag~ment~ ..- County Cet~ter Riverhead, New York llg01 Re: Dea~ Hr. dewell: Enclosed herewith please ' find above referenced project,, .: the { following.items regarding the 1. Four (4) /sets of engineering dr~wings~. ;, . 2.~..Three (3) copies of S.C.D.H.S. application form WWH-O04 3. A certified check in the amount of S 100.00 for application fee. the Assuming ' the Department agrees that the~:e is no, public water supply reasonably close to the subject property, and provided this application is in order, we propose that a test well be installed on the property in the location shown on the plans in accordance with the procedures set forth in the "Standards and Procedures for Private Water Systems". This well will ultimately be used as the permanent supply well, provided , it meets all applicable requirements. A~ter the test, well is installed, the department shall be notified so that; 'they can conduct the necessary inspections' and testing. ' · . : · . ~ . If you have any questions 'or 'require additional information for ' your review, please feel, free:rte contact':this' office at your convenience. Thank you for your continued cooperation ~,~ , ,~' ., . : ~, . ,: · ~,,, .... t%,....,.~{,...~ .,,~L,I'~ '~ : ~ '., !,, , *, ' .'.:,, Sin's'er, ely, ~ ,,..,~ ~ ' ' r , %:iThomas,d. Filaz ~P.B./, i['. ., · ' · . ' ~.. ,-,..., u[ ~ ., ' . eno1, ' · :, , '. .... ' . '. 3505 Veterans Memorial Hwy., Suite M I I~o,ko,koma. N.Y. ~ 17791 (516) 737-33781 Fax: (516) 737-0753 Mr. Nicholas Aliano c/o Beachcomber Motel Cutchogue, ,NY 11935 P. O. Drawer A Jamesport, NY June 30, 1989 Dear Nick: RE: Pequash Commons, Cutchogue Please find enclosed your check 1156 in the amount of $100 payable to the Suffolk County Health Department. I have retucned this check to you because as per Steve Hyman's directions on the enclosed form, this check must be certified. I've also enclosed the three forms for your signature. Please sign same, enclosed certified check and return to me at P. O. Drawer A, Jamesport, NY 11947. Thank you for your cooperation in this matter. HER:ml Encs. Sincerely,_ July 11, Hr. Vito Lena Regional Permit Engineer New York State Dept. of Transportation State Office Building Veterans Hemorial Highway Hauppauge, Hew York 11788 1989 consulting eng~n~ers Re: Pequash Commons Project # 8764 Dear Hr. Lena: Enclosed please find ten sets of plans for the above referenced project, We are submitting the plans to your. office for distributio~ and review. This project consists of a proposed building with a combination of approximately 5418 square feet of floor space (both office and retail), and an existing building of about 564 square feet of floor space (office only). This parcel is situated on the southwest I corner of H. Y. S. Route 25 and Pequash Avenue in Cutchogue. We have .simultaneously submitted plans to the Town of Southold and the Suffolk County Dept. of Health Services for review. ~ If you have any questions, or require additional information regarding this project, please feel free to contact this office at your convenience. Thank you for your cooperation. Thomas J. , . encl. 3505 Veterans Memorial Hwy,, Suite M / Ronkonkomao N, Y, I 1779/(5 t6) 737-3378 / Fax: (516) 737-0753 P. O. Drawer A Jamesport, NY July 17, 1989 11947 Mr. Nicholas Aliano Ashley Lane Shoreham, NY 11786 Dear Nick: Please find enclosed the application for the site plan of Pequash Commons at Cutchogue. Please sign sams, have notarized and return to the above address along with the filing fee of $299.55 ($150 per acre + 2.5~ per sq. ft.). Once we receive these back from you we can sumbit to the Town Board. HER:MI EnC. Bennett Orlowski; Southold-Town Main Road Southold, NY 11971 Chairman Planning Board P. O.' Drawer~A i, Jam. esport, NY Jul'y' ,.1989 $ RE~ Pequash Commons at Cutchogue Dear Mr. Orlowski: - Enclosed herewith please find necessary application elements pursuant to Sec~lon.lOO-250 for the above captioned matter. /. ' Please schedule this hearthg on your ear.lies~possib~e Henry E. Raynor, Jr. HR:ml Encs. CC: Aliano Enclosures: Application fee par= I of Long Environmental Assessment Porm Site Plan application Twelve prints of si~e p14n consulting August 30, 1989 Hr. Robert J. Farmer Suffolk County Dept, of Health Services Bureau of Drinking Nater 225 Rabro Avenue Hauppauge, New York 11788 Re: Pequash Commons S.C.T.M. ~ 1000-102~3-1 H.D. Ref. # C10-89-011 Dear Mr. Farmer: Enclosed please find two sets of revised plans for the above referenced project. They have been revised in accordance with your letter dated July 19,' 1989, as well as subsequent phone conversations regarding well and sanitary system location. The following items have been addressed as a result Of the comments: 1. A detail of. the proposed water supply well has been added to the plans on sheet 3. This detail specifies all pertinent information, The on-site sanitary system has been relocated out of the 150~ radius around the well. Regarding off-site wells and sanitary systems, please refer to the" Well / Sanitary System Notes ", numbers 3, 4 and 5. We trust that these revisions will satisfy the comments of this Department, and in accordance with the regulations, we may proceed with the test well and the required tests. If you require any additional information or have any questions regarding this project, please feel free to contact this office at your' convenience. Thank you.]~or your continued cooperation. Hr. Henry Raynor 3505 W~ns Memorial ~/y,, SuEs M / Ronkonkoma, N.X 11779 / ~I~ 737.3378 / Mx: ~ I~ 737.0753 consulting engineers · Hr. Vito Lena Eegional Permit'Engineer NewYork"State'Dept. of State Office Building N~Uppau~e, New York:il788 , ~ . . ,,, ~,,~ .~.:. ~,,,.!,~.~t~ August 30, 1989 RetLPequaeh Commons, Case # 89-300 .. Project~# 8764 ·' Revised Plans Dear Hr.. Lena: Enclosed please find four sets of plans for the above referenced project, We are submitting the revised plans to your office for distribution and review. They have been revised in accordance with your.'*lette~' dated' July 31, 1989. The elements of the plans that ihave been changed are ae follows~ , 4. 4 The driveway width has been changed to. thirty feet· All curb radii on the State Highway areLnow 20' Sidewalk, with handicap ramps' at the corners, has been provided along the full frontage of the property. The ramp walk to the existing building has been eliminated. Provisions have been made to restore damaged pavement at the corner of Pequash Avenue. The existing Signs have been shown on the plan, however, replacement will not be required since they will not be disturbed by new construction. 3505 Vetera. ns Memorial Hwy., Suite M / Ronkonkoma, N.Y. I 17791 (516) 737-3378 / Fax: (516) 737-0753 Mr. Vito Lena August 30, 1989 It is our understanding that the Permit fee and the performance bo required in your letter will not be required until the nd been correc[ed and approved b- t .... plans ha ~a~s _to the the Town of 8ou~h~ ~=v~ar~ment. ~e have also -~[~ o, ~ealth Services for their re;[;~.`"u 'ne, suffolk County Depart;;~ If you have any questions or require additional information regarding, this project, please feel free to contact this office at your convenience. Thank you for your cooperation. Sincerely, Thomae j. iii i. encl. ~r. Henry Raynor MICHAEL J. CUDDY REGIONAL DIRECTOR Date: To: STATE: OF NEW YORK DEPARTMENT OF TRANSPORTATION VETERANS MEMORIAL ~IIGHWAY HAUPPAUGE. N.Y. 11788 APR I 8 ~990 FRANKLIN E. WHITE ~.~, ~ COMMISSIONER. Case No~' Gentlemen: The stte plan for the above noted project has been revte~ed by this offtce. Please be advised that before a Highway Work Pemtt can be Issued the Items Indicated below must be forwarded to thts office. Please retum a copy of thts correspondence wtth the Items Indicated below. Fatlure to do so wtll result tn the return of your submittal. Phone Inquires as to the status of permit applications will not be accepted by this office. ~'.Check or money order to the State ~f New York $-' ~. Bond (sample enclosed)for yALENTIH6 B. HOWARD IANOBR E.B., MICHAEL A. STALL·NE. &.I.A. Octobe£ 31; 1988 H£. St·yen 3. HyMn, P.E, . Sieves J. Hymns Associates~ .... * : 3505,,Veterafls Hem·cAul Hlghvay~,,~uite H Ronko~koma/~ Hew ~ ¥ock .:% 11779 · Re: Pequash Avenue (Allan·) Dent He, ~yman': ~'- Out pzoposal for an azchitectural survey.of.the above referenced pro~ect ia aa follovax ......... . A detailed topographic.map of the site'~tn u.B.o.s, datum including 50' overlapr-location of existing StiUCtU~eS~r cEoss sections of Hain Road and Pequash Avenue boEdering the site and locatloni*o~2all.'vlelble,,and-mazked utilities. 2. Establlehmen[ and' st~kln~of property'corners. Our fee for the surveying services outlined la $1,250.00. Our receipt o~ a signed copy.of this ~roposal_wlll be considered authorization to proceed.~,~:--,''~.' '.. I}4 BROADWAY · AMITYVILL~. NBW YORK 11101-~704 · (SI6) 691.2~0 FAX NO. ($16) 6~1-1710 ?hank you foz fha opportunit~to pzeaent thia questions aziset please do not~he~ltata to call." Very .truly you£s~ '- B I mNII~OCK ~ hUCCHRll I: $ ~ AltllOCI ATEll t any Authorization 8iqnatuza cci Bteven ~. Hyman~ P,E. FORMNO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. APR I 8 1990 Cerlificate Of Occupancy No Z-16582 ..................Dar- aa.uary t~.,.t~.qs. .............. THIS CERTIFI S that the building enovaCe extacing Real gaCate Office Location of Property 29950 Hain Road /~s~Ja~ ............ &. Pequaah Ave. Cutehogue Nes~ York Street ......... ~ ' ' : ............... · ty Tax Map No.-1000 ~ection " .... , i.,., .- ~?j~., ~ ~,,?,..~ ~ ~,~ ! ·, .:, ,..'~ ~.~mocK ...... ,...,-,,,,Lot ...... Subdivision .: ............................... Filed Map No ...... ', .' ,Lot No .............. conforms substantially to the Application for Building Permit heretofore: f'ded In this office dated October 20, 1987 ...................... pursuant to which Building Permit No. 16548 ~. dated . October 2.!, 1987 ~ .... . ........ was SSued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ..... RENOVATION OF EXISTING REAL ESTATE OFFICE AS ........ APPLIED FOR The certificate is issued to NICHOLAS ALIANO ......... ~o" ';;~. of the aforesaid building. N/A Suffolk County Department of Health Approval ....................................... ... UNDERWRITERS CERTIFICATE NO ....... PENDINO - NoVember I I, 1987 PLUHBERS,CERTIFICATiON DATED: N/A. / ~'Buildin8 Inspec~6r ~larch 22, 1990 consulting engineers Henr3, Raynor 320 Love Lane Mattituck, New York 11952 Re: Pequash Commons Project # 8764 Deal- Henry: Pursuant to our cont,ersation and at your request, I have prepared tile following information for your use. It has been derJved from data obtained from the Institute of Transportation Engineers (ITE). I've also included a chart with tile appropriate figures highlighted. For the various possible land uses for this site, the average trips generated are as follows: 1. Convenience Market (2500 sf_+} = 1891 trips/day 2. Fast food restaurant = 2030 trips/da~' 3. Drive-in S & L bank = 1008 trips/day 4. Retail/office as propo'sed = 301 trips/da~' I hope these numbers serve ?our purpose. If you require additional inforn~atio]l, please contact this off~ce at your con~'el~ience. Sincerely, Filazzola, encl . cc: N. Aliano 3505 Veterans Memorial Hwy., Suite M / Bonkonkoma, N.Y. 11779 / (516) 737-3378 / fax: (516) 737-0753 TO ST£VEN. J. HYMAN ASSOCIATrr.~ Consulting Engineers~ 3505 Veterans Memorial Highway SultTM RONKONKOMA, NEW YORK 11779 (516) 737-3378 APR I 8 1990 WE ARE SENDING YOU Cii[ Attached [] Under separate cover via ~ ~/V,.IINI ~....- the following items: [] Shop drawings [] Prints [] Plans [] Samples [] Specifications /~ Copy of letter ' [] Change order ........ COPIES DATE NO. DEaCRIPTION THESE ARE TRAN~MII-rED as checked below: [] For approval [] Approved aa submitted )I< For your use [] Approved es noted [] As requested [] Returned for corrections REMARKS [] For review and comment [] [] FOR BIDS DUE _19 [] Resubmit copies for approval [] Submit copies for distribution [] Return.. corrected prints [] PRINTS RETURNED AFTER LOAN TO US COPY TO September 5~ Jt;¥tJIf J. I/JjIIffl Jf consulting engineers 1989 Mr. Nick Aliano Ashley Lane Shoreham, NY 11764 (516) 754-6570 INV[]ICE # 1064 PE[{IOD July Aliano F'equash PROJECT # 8764 1989 - September 1, 1989 For professional services including revisions to the plans based on c~omments from the New York State Department of Transportation, blueprinti~g a~d t~ansmittal o~ package. Filazzola~ Thomas J. Project Engineer 8.50 Hfs · 68.00/H~. 578.00 Mc Alvin,Gregory Clerical 0.75 Hr~ · 50.O0/Hr. 22.50 Ar~tal~ Cathy Draftspermon 10.75 Hfs 8 40.00/}~~. 450.0(T Timesbm~t Total 1~050.50 08/16/89 ~ULY 7 N/S BLUEPRINTING 56.76 08/16/8~ JULY 11 N/S BLUEPRINTING 61.92 Total Reimbursable Expense 118.60 Total Amount Due This Invoice 1~14~.18 3505 Veterans Memorial ttwy., Suite M / Ronkonkoma, N, Y. 1 ~ 779 1 (516) 737-3378 / Fax: (516) 737-0753 P. O. Drawer A Jamesport, NY August 29, 11947 1989 Mr. Nicholas Aliaao Ashley Lane Shoreham, NY 11784 RE: Services rendered for Beachcomber site at Cutchogue March 1 hour April 1 hour May ~ hour July 1 hour August 1½hours TOTAL 5 hours at $55 per = $275 Please make check payable to Saland Real Estate, Inc. and remit to the above address. P. O. Drawer A Jamesport, NY 11947 August 29, 1989 Mr. Nicholas Aliano Ashley Lane Shoreham, NY 11784 RE: Services rendered at Pequash Commons, Cutchogue, New York April 2% hours June 3 hours July 2 hours TOTAL 7% hours x $55 per = $412.50 TO NASSAU SUFFOLK .LUMBER & SUPPLY CORP. Roof Truss Division 517 Long Island Avenue MEDFORD, NEW YORK 11763 (516) 289-6900 WE ARE SENDING YOU ,J~ Attached [] Under separate cover ~ Shop drawings [] Prints [] Plans [] Samples [] Copy of letter [] Change order [] [] Specifications COPIES DATE NO, DESCRIPTION THESE ARE TRANSMITTED as checked below: '~For approval [] For your use [] As requested [] For review and comment [] FOR BIDS DUE [] Approved as submitted [] Approved as noted [] Returned for corrections [] 19 [] Resubmit copies for approval [] Submit copies for distribution ~ Return / corrected prints [] PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO. SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES ./} . CASH RECEIPT V~YMGNT FOR PflEVIO~S ~92773 [] MH CENTER FORM OF PAYMENT [] CERTIFIED CHECK ~r CHECK [] CASH COPY I PAYER COPY 2 ADMINISTRATION COPY 3 PAYEE ,~ ENVIRONMENTAl.__ [] DA [] [] PHCP [] FP [] OP. OTHER APR I 8 1990 .! engineers ~r. Nick Aliano Ashley Lane =horeham, NY 11'764 July 5, 4 1989 (516) 754-657£) INVOICE # 985 PERIOD May 27, 1989 - 3une 50~ 1989 Aliano F'equash PRO,IEC'¥ # 8764 Services include final preparation and transmittal of the engineering drawings to Henry Raynor for submittal to the Town of Southold and the Suffolk County Department of Health Services. Additional time sper~t preparing the necessary ~orms required ~or the project. Filazzola~ Thomas Zegers, dohn E. Perlee,~eannette E. A~tal~ Cathy Project Engineer 5.50 Hfs · Dra~t./Engr'g Aide 5.00 Hrs · Administrator 0.25 Hrs @ Draftsperson 5.25 Hfs @ Timesheet Total Total Amou~nt Due Thi~ Invoice 755.5] 3505 Veterans Memorial Hwy., Suite M I Bonkonkoma, N.Y. I 1779 1 (516) 737-3378 1 Fax: (516) 737-0753 APR.I 8 1990 consultinO engineers Aliano Pequash :'~' June 05, 198c? A~shley Lane Project #: 8764 Shoreham, NY 11764 Statement of Account Invoice Date Current 31-~**&~x t/ 61 - 90 91 + ............................... 891 04 / 28/89 , Total Amourl~Ow Due 5,475.50 3505 Veterans Memorial ttwy., S~fite M I [tonkonkoma, N.Y. 11779 1 (516) 737-3378 1 Fax: (516) 737*0753 Mr. Nick Aliano Ashley Lane Shoreham, NY 11784 .,.May 50. , lm'mf J. consulting engineers (518) 754-8570 INVOICE # 945 PERIOD April 29, 1989 - May 26, 1989 Aliano Pequash PROJECT # 8764 For professional services including the preparation of the engineering plans, landscaping plans, etc. Additional time spend trying to contact adjacent property owners regarding minimum clearance requirements to water ~upply wells and septic systems, as 'required by the Suffolk County Department of Health Services. Filazzola, Thomas ~. Project Engineer 20.50 Hfs 8 Zegers, John E. Draft./Engr'g Aide 14.00 Hfs @ Zimbalist, Leslie Clerical 8.25 Hrs @ Antal, Cathy Draftsperson 9.50 Hrs 8 68.00/Hr. 1 48.00/Hr. 672.00 50.00/Hr. 7.50 40.00/Hr. 580.00 2,455.50 Timesheet Total Total Amount Due Thi~ Invoice 2,455.50 3505 Veterans Memorial ttwy., Suite M I Ronkonkoma, N.Y. 11779 1 (516) 737-3378 1 Fax: (516) 737-0753 F co.suiting engineers ~ay 1~ 1989 Mr'. Nick Aliano Asshley Lane Shoreham, NY 11764 (516) 754-6570 Aliano Peq~ash PROJECT #: 8'764 INVSICE # 891 PERISD January 28, 1989 -- April 28, 1989 For professional services in connection with preparing the r'evised d~mensi~nal site plan, conceptual grading and drainage plan as ~ell as sanitary sewage disposal system~ and all related details f~r the retail/o+fice building site. Services also include various site visits to ascertain the location of adjacent ~ater supply ~ells and septic system~ a~ required by the Su+folk County Department of Health Services. Additional time spent writing letter to and/or meeting with the adjacent homeowner's to ebain the necessary information. February 25, 1989 - March 51, 1989 Filazzol,a, Thomas J. Project Engineer 30.00 Hfs @ 68.00/Hr. Hyman, Steven O. Principal Engineer 4.00 Hfs Antal, Cathy Draftsperson 6.00 Hfs 8 40.o0/Hr. 240.0() Jaflt~ary 28, 1989 - February 27, 1989 Filazzola, Thomas J. Project Engineer 7.00 Hfs @ 6F .£C/Hr. 420.0() Timesheet Total 5,()20. ~ ,.~ Total Amount Due 'Thi~ Invoice ~ ~' $ '~,C)20.00 3505 Vetera,s Memmial ttwy.. S,ite M / Ro,l~o,koma. N.Y. 11779 / (516) 737-3378 / Fax: (516) 737-0753 SIt:tmf ,/. Ilumtllf Asstml#h;# consulting engineers April 3, 1989 · Mr· Nick Aliano Ashley Lane Shoreham, NY 11764 (516) 7.~,4-6..:, 7 . A1 iano F'equash PROJECT #: 8764 INVOICE # 822 PERIOD February~:'"'=',~ 1989 -' March 31, 1989 F'ilazzola., Thomas J. Project Engineer 0.50 Hfs Timesheet Total 34. lotal Amount Due This Invoice 3505 Veterans Memorial Hwy., Suite M I Ronkonkoma, N.Y. 1 ! 779 1 (516) 737-3378 / Fax: (516) 737-0753 Nick Aliano A~hle¥ Lane ~horeham, NY 11764 consulting engineers INVOICE # 691 F:'~RIOD Decembe~ Aliano Pequash P~OJECT #: 8764 1988 - Jar~uar¥ 27~ 1989 Fo~ P~epa~ation o{ base map ~o~ ~inal Si~e plan Utilizing SUrvey PrePared by BeinstocR and Lucchesi. plan. AdditiOnal ~ime ~pent P~epa~i~}g dim~nsior.lal Zeger-s~ ~ohn E. Dra . , - H~man, Steve~ ~. p_.{~/E~g~ g A~j~ .... ~"Z~ ...................... .............................. Tim ' · ~ ~/H~. 146.2~ Total Amount Due This Invoice esheet Total 776.25 776.25 3505 Yeterans Memoria/ Hwy., Suite M / Ron/(onkoma, N.Y. I ~779 / (5~6) 737-3378 / Fax.. (5~6) 737-0753 P. O. Drawer A Jamesport~ NY August 5, 1988 Mr. Nicholas Aliano Ashley Lane Shoreham, NY 11786 RE: Services rendered for Pequash Avenue site plan at Cutchogue, New York April 1 hour · May 1 hour· 2 hours at $50 per hour TOTAL AMOUNT DUE: $100.00 Please make check payable to Saland Real Estatm, Inc. and remit to the above address., consulting engineers May 5, 1988 Mr. Nick Aliano Ashley Lane Shoreham~ NY 11764 (516) 754-6370 Aliano Pequash PROJECT #1 8764 INVOICE # 73 PERIOD Feb 01, 1988 - Apr 15, 1988 In connection with revisions to the above referenced site plan made at the request of Henry Raynor. These revisions involved relocating the main entrance on Route 25, shifting the building and re-laying out the parking lot. Sorry that this bill came so soon after the November 1987 thru January 1988 bill~ but I'm lust catching up on billing now. I sent you the Beachcomber letter today and you should be getting it soon. Walsh~ Kevin, P. Project Engineer 1.50 Hfs @ 60.O0/Hr. 90.00 Zegers~ ~ohn E. Draft./Engr'g Aide 5.25 Hfs @ 40.00/Hr. 210.00 Hyman, Steven ~. Principal Engineer 1.50 Hfs 8 65.00/Hr. 97.50 Timesheet Total 597.50 'Total Amount Due This Invoice 59'7.50 Mr. Nicholas Aliano Ashley Lane Shoreham, NY 11786 P. O. Drawer A Jamesport, NY April 1~ 1988? 11947 RE: Services Rendered - Site plan at Pequash Avenue, Cutchogue AMOUNT DUE: December 3 hours Jan/Feb 2%hours TOTAL: 5% hours at $50 per = $275 Please make check payable to Saland Rea~ Estate, and remit to the above address. Inc. ^PR I 8 April 5, 1988 ,~lma~Jt 1 llllllfJ~lf AmJ~lJllf~ co.sulling engineers Mr. Nicholas Aliano Ashley Lane Shoreham, N.Y. 11764 Aliano Pequash Projects 87-64 PERIODI NOVEMBER 1987 THROUGH JANUARY 1988 In connection with various revisions to the site plan due to comments received by Henry Raynor from the Town. ENGINEERING - 4.0 HOURS @ $60.00 - $ 240.00 DRAFTING - 2.0 HOURS @ $40.00 - $ 80.00 AMOUNT DUB THIS PERIOD .................... $ 320.00 3',iU5 Vt,lc/~m , Mt/ntH',l, I hu', ; ;i,,, M ' H nl unAull ~, I~.'tl I I//9 (5161/,;/ J,M(i P. O. Drawer A Jamesport, NY November 6, 11947 L " 1987 ,. - Mr. Nicholas Aliano Ashley Lane Shoreham, NY 11786 RE: Pequash site plan at Cutchogue, New York September - 4~ hours at $50 per October - 4 hours at $50 per $225 $200 TOTAL DUE · $425 Pl(eaes make check payable to Saland Real Estate, Inc. and remit to the above address. APR I B $1.¥ell J,//lllllflll consultmg engineers December 7, 1987 Mr. Nicholas Aliano Ashley Lane Shoreham, N.Y., 11764 Ret Aliano PequaSh Projects 87-64 Revised Billing PERIODs SEPTEMBER AND OCTOBER 1987 In connection with the proposed office building at the Pequash Lane site. Services included the preparation of four preliminary sketch plans for your review (see our letter dated 10/2/87), and the fine tuning of the chosen alternate for submission tothe Town. ENGINEERING - 27.0 HOURS @ $60.00 - $1,620.00 DRAFTING - 5.25 HOURS @ $40.00 = $ 210.00 AMOUNT DUE THIS PERIOD .................... $1,830.00 JbO$ Vl;h!/,u/.'~ ILh!nl(~//,d I1~ .y. ,mi c Al, Ih~l A(/A( ,. N~. 1177!)/(516) consulting engineers Mr. Nicholas Aliano Ashley Lane Shoreham, N.Y., 11764 No~ember 16, 1987 Re I PERIODI SEPTEMBER AND OCTOBER 1987 Aliano Pequash Projectl 87-64 In connection with the proposed office building at the Pequash Lane site. Services included the preparation of four preliminary sketch plans for your review (see our letter dated 10/2/87), and the fine tuning of the chosen alternate for submission to the Town. ENGINEERING- 42.00 HOURS @ $60.00 = $2,520.00 DRAFTING - 5.25 HOURS @ $40.00 - $ 210.00 AMOUNT DUE THIS PERIOD ................ $2,730.00 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. SoUthold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time. date and place of the public hearing concerning your application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the times allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, CHAIRMAN dff APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, .IR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DIN[ZIO, 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 TYPE II March 15,. 1990 S.E.g.R.A. ACTION DECLARATION Appeal No. "3907 Project/Applicants: County Tax Map No. Location of Project: Nicholas Aliano 1000- 102-3-1 29950 Main Road Cutchogue,'NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to construct retail office complex in R40 Zone. This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Articl~ 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant. adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department 'is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. tr JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATIST[CS 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: January 18, 1989 Transmitted herewith is Zoning Appeal No. Nicholas Aliano 3907 , application of for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form letter relative to NYS Tidal Wetlands l-and Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry P.O. Drawer A Jamesport, NY 11952 January 3, 1990 Southold Town Zoning Main Road Southold, NY 11971 Dear Sirs: Board of Appeals Please find enclosed the following: 1) Planning Board comments and Building 2) Application in triplicate 3) Notice to Adjacent Property Owners 4) Environmental Assessment Form 5) ZBA Questionnai£e 6) Certificates of Occupancy 7) Filing fee 8) Four prints of site plan HER:ml Encs. Department disapproval Sincerely, Henry E. /Raynor, Ur. v 617.21%. Appendix C Slate Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTiONs Only PART t--PROJECT INFORNIATION (To be completed by APplicant or Proiect sponsor) s/w/c Main Road & Pequash Avenue,' Cutchpgue SEQR S. IS PROPOSED ACTION: ~ [] Nw [~ E.oa.slo. [] Modi.¢aBo.,a.,e,a.o. upg£ade exisbing metal shop into retai/office complex ?. AMOUNT OF LANO AFFECTED: curre~t, ly zoned R-40 ~TA TE Off LOCAL)7 yes. list agency(sD and permit/approvals 00ES ANY ASPECT CF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? 12. AS A eESULT OF PROPO~EO ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE ~,IOOIFICAT ON? I CERTIFY THAt THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLE~GE~ the action is in the Coastal 'Area. and you are a state agency, complete Ihe Coastal Assessment Form before proceeding with this assessment I (Continued on reverse side) The N.y.S' Environmental Quality Review Act ~eau:res prelect and the likely imoacts of the (b) If any question has been answered Yes the project may be sig- (c) If all questions have been answered NO it is likely that the project is not Significant. (d) £n_~vironmental AssessmepL Will project result in a larce ohysical change to the project site or physlcaliy alter more 2. Will there be a major change to any unique or ~¥es . 3. Will project alter or have a large effect on 4. Will Project have a potentially larqe, imuact on 5. Will project significantly effect drainage flow .___Yes on adjacent sites? 7. Will project result in a major adverse effect on~ air quality? 8. Will project have a major effect on visual char- Yes 9. Will project advercely imoact any site or struct- lO. Will project have a m~jor effect on existing or 11. Will project result in major traffic problems or 12. Will Project regularly cause objectionable odor~, 13. Will project have any impact on public health 14. ~ill prO3ect affect the cxi=ting community by ~Ye$ X~ there public controver=y COncerning the pro3cct? QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED ~ITH YOUR APPLICATION FOFd4S TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes ~ 2.a)Are there (Attached Town Code, b)Are there e any areas which contain wetland grasses? is a list of the wetland grasses defined by ~ Ch. 97 for your reference.) Yes any areas open to a waterway without bulkhead? Yes Are there existing structures at or below ground level, ~ such as patios, foundations, etc? Yes Are there any existing or proposed fences, c~ncrete barriers, decks, etc? If project is proposed for an accessory building or structure, i~ 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-~-~l? 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 YesQ Yes ~ Yes ~ Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board ~ ~ Town Board ' Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other ~ No Yes ~ .~ No Yes ~ Yes Yes 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) 11. Is new construction proposed in the area of contours at 5 feet or less as exists? 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes Yes ,~ YesO 13. Please list present use or operatioDs.conducted upon the subject property ~t..t.h%~s time and proposed ~-~[~] ~'l(~.l Please submit photographs fdr the record: I certify that the above statements are true and are being submitted for reliance by the B,o~rd of Appeals in considering my application. ~'i natu ~~ ~ '~/~- ~~ g re ~r~-p~ ~y~Wne_r~) (Au~horize~ Agent) 1/88 WETLANDS [Amended 8-26-7(; by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov. ered with, or which border on, tidal waters, or hinds lying beneath tidal waters, which at mean Iow tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks. bogs, salt marsh, swamps, meadows, fiats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, fiats and tMal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cnrdgrass, high bush, cattails, groundscl, marshma[low and [ow march cordgrass; and/er (3) All land immediately adjacent to a tidal wetland as defined in Subsection A~2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANDS: (1) "Freshwater wetlands' as defined in Article 24, Ti- tle 1, § 2,1-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Coaservation Law of the State of New York; and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "fi'eshwater wetland." 9705 z. 2s. ss FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Buildin§ Inspector Town Hail Sou £hold. N.Y. No Z- 16582 Certificnte Occupnncy Date Januar. y !4, 1~.88 THIS CERTIFIES that tile building Renovate existing Real Estate Of fit. e, Loc~ti,~-,-rD .... ,- 29950 Main Road & Pe uash Cutehogue, New York ..... · -'- ,. ,,-,t,~;,~y .. q Ave. Hou.s~ No. ' ............................................. Street tyT pN lOoo'g . Court ax Ma o.' Ham/et · ection 102 · · .Block 03 ..................... ; .Lot .... 0 I Subdivision ............................... Filed Map No ......... Lot No .............. conforms substantially to the Application for Building Permit heretofore flied in this office dated October 20, 1987 ..................... pursuant to which Building Permit No. 16548 Z dated October 21, 1987 .... was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificmte is issued is ......... RENOVATION OF EXISTING REAL ESTATE OFFICE AS APPLIED FOR The certificate is issued to NICHOLAS ALIAN0 · ' ro ,.ar .................... of the aforesaid building. Suffolk County Department of Health Approval ....... N./A UNDERWRITERS CERTIFICATE NO ..... PENDING - November !: {987 PLUMBERS CERTIFICATION DATED: N/A, lng lnspec~6r Rev. 1/81 irOltal NO. 4 TOWN'or .so~rruou~ BUILDING~ DEPARTMENt, ' Town Glerk'z Office · , ,~H~,S..,CE?T~ES:that. the bu~d'.mg !oeated .... -" re~ conforms bull .... ,.~ dated, re.:Apr i:L '.2.3., ~, ..; pursuant to dated '".~,"?"Aug~i.St" 2..: ii::.I 19ff, 2.,.was issued, and c~nf0rms' ments of t apph,eable Pt~OWS~Ons .o '~sued tS ,B. ds,l,n.~.';S', buJ. ldlJ-n' ': w' . · · ........... g, i h .~. C a a taet -,. ,. , - : ., The certificate is issued'to'gdwavc~ Fox'& ~ +~_I,t_2_2_,~~ .,, ,, . UNDERWRITERS.CERTIFICATE . P. O. Drawer A Jamesport, NY 11947 October 17, 1989 Gerard P. Goehringer, Chairman Southold Town Planning Board Main Road Southold, NY 11971 Dear Mr. Goehringer: Please forward to the above address the necessary applications for a use exception to upgrade an existing metal shop to an office retail complex. The Planning Board has a final site plan which they cannot grant as a result of the change of zone ordinance. ie nr~yincerely' ~ . Raynor, Jr. HER:ml Hearings for May 30, 1990 - Legal Notices send the following: Long Island Watchman Suffolk Times Clerk Bulletin Board ZBA Bulletin Board Mr. Robert Bohn Box 55 Peconic, NY 11958 (A. Lios) Mr. Henry Raynor P.O. Drawer A Jamesport, Ny 11947 (Nicholas Aliano) Richard Lark, Esq. P.O. Box 973 Cutchogue, NY 11935 (Eva Halla) Ms. Pamela Valentine 249 West 29th St., Apt. New York, NY lO001 12 Scott Zambek, Esq. 801 Motor Parkway Hauppauge, NY 11788 (Jordan's Partners) Dan C, Ross, Esq. Wickham, Wickham & Bressler P.O. Box 1424 Mattituck, NY 11952 (Robert and Ethelle Schroeder) May 22, 1990 to NOTICE OF HEARINGS NOTICE IS HEREBY given, pursuant to Section 267 of the Town Law and the Code of the Town of Southnid, the follow- ing hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular . Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, MARCH 15, 1990, at the fol- lowing times: 7:30 p.m. Appl. No. 3917- UMBRELLA HOME CARE. Variance to the Zoning Ordi- nance, Article VII, Section 100-71 C, as disapproved, for po'mission to construct a sign, 'proposed sign is not permitted in this Residentiai/Offiea (RO) District. Property Location: 28455 Main Road, Cutchogue, County 'I~ Map No. I000, Sec- tion 102, Block 02, Lot 12.1. 7:35 p.m. Appl. No. 3909-- JOSEPH CORNACCHIA. Var- iance m the Zoning Ordinance, Article III, Section 100-33, as disapproved, for permission to construct an accessory shed in frontyard Area. Property Loca- tion: 835 Kimberly Lane, Southold, County 'Bix Map No. 1000, Section 070, Block 13, LOt 20.5. 7:40 p.m. Appl. No. 3916- GEORGE REINHARDT. Vari- ance to the Zoning Ordinance~ Article I11, Section 100-31, as disapproved for permission to construct deck addition, pro- posed construction exceeds per- mitred lot coverage and has insufficient setbacks from pro- perry line. Property Location: 1380 Pvt. Road #3 Trumans Path, East Marion, County Ta~ Map No. 1000, Section 31, Block~, 12, Lot 10. 7:45 p.m. Appl. No. 3906-- CHARLES COLOMBO. Vari- ance to the Zoning Ordinance, Article XXIV, Section 100-244 B, as disapproved, for permis- sion to construct a deck addi- tion to existing dwelling, pro- posed construction will have in- sufficient sideyard setbacks. Property Location: 350 Oak Street, Cutchogue, County Tax Map No. 1000, Section 136, Block 1, Lot 48. 7:50 p.m. Appl. No. 3903~ LINDA DAMBASSIS. Variance to Zoning Ordinance, Article 1I!, Section 100-33, (Article XXIlI, Section 100-239.4 (A), as disapproved for permission to construct accessories' garage pool and additions to dwelling in .frontyard area. Property Location: 2430 Diguan's Road, Cutchogue, County .Tax Map No. 1000, Section 83, Block 2, Lot 7.2. 7:55 p.m. AppL No. 3912- EDWARD AND CORRINE BIRDIE. Variance to the Zon- ing Ordinance, Article IliA, Section 100-30A.3, for per° mission to construct additions to one family dwelling, pro- posed, construction will have in- sufficient side. yard setbacks. Property Location: 380 Parsons Boulevard, East Marion, Coun- ty Tax Map No. 1000, Section 037, Block 01, Lot 17.1. 8:00 p.m. Appl. No. 3911- WALTER RAFFERTY. Vari, ance to the Zoning Ordinance; Article XXIV, Section 241A,. (Article XXVlII, Section' 100-281 (3), as disapproved, for ~ permission to construct addi- tions and alterations to garage with apartment. Property Loca-, tion: East End Road, Fishers Is- land, County Tax Map No. 1000, Section 3, Block 7, Lot 5.~~ 8:05 p.m. Appl. No. 3924-- . MICHAEL HERBERF. Special Exception to the Zoning Ordi- nance, Article IX, Section 100-91 (B), for change of use from Bed and Breakfast to a three family dwelling in this Hamlet Business (HB) District. Property Location: 795 Pike Street, Mattituck, County Tax Map No. 1000, Section 140, Block 2, LOt 23. 8:10 p.m. Appl. No. 3918- JOHN AND CATHERINE SIMICICH. Special Exception to the Zoning Ordinance, Arti- cl.e I!I, Section 100-31, for per- nusslon to have a winery for production and winery sales. Property Location: 4250 Bersen Avenue, Mattituck, County Tax Map No. 1000, Section 121, Block 1, Lots part of 001. ~ 8:1.5 p.m. Appl. No. 3907-- /NICHOLAS ALIANO. ~ rVariance to the Zoning Ordi- ",,, nance, Article III A, Section I / / 100-30A.2 (Article XXV, Sec-/ / tion 100-2~3 A), as disapproved,[ ! for pennissinn to construct a re- tail office complex, proposed construction is not permitted in this R-40 Zone District. Pro- perry Location: 29950 Main Road, 30 Pequash Avenue, Cut- chogue, County Tax Map No. \ 1000, Section 102, Block 03, Lot Ol. ""--8:20 p.m. Appl. No. 3915- JORDAN'S PARTNERS. Vari- ance to the Zoning Ordinance, Article VII, Section 100-71, as disapproved for permission to construct office and ~ stores, proposed construct is not per- mitted use in this District. Pro- perty Location: 1000 Main Street and 160 Main Road, Greenport, County Tax Map No. 1000, Section 34, Block 2, Lot 1. 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,,. Wrk~en_c~iRr . · ments may also be sUbmitted prior to the conclusion of the subject hearing. Each hearing will not start before time at- lotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: March 6, 1990 BY ORDER OF THE SOUTHOLD TOWN ' BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN by Domen Ferwerda 1X, 3/8/9O (28) oOT. ICE OF HEARLNGS CE IS HEREBY GIVEN. L~w ~nd t~ of S~o~, ~e foHow~s h~s w~ ~ held ~ ~ SOU~O~ ~OF~a Re~r M~t~g, et To~ H~ ~ R~d, NY 11971, on THURSDAY. ~CH 15, ~, ~ ~e f~ ~B~ HOME C~ V~- n~roved, for ~saion ~ I sign, ~d ai~ ~ ~ ~s ~s~t~fi~ ~O) Dis~ict. Pm~ 28455 Miin Road, Cutchogu~ 1~ RI~ ~ ~ 12.1. 7:35 p.m. AppL No. 39~ J~H CO~AC~.-V~ ~ I~33, ~ disarm, for shed ~ fr~tyard Area. Pr~e~y. ~cation: 835 K~mbcrly Southold, County Tax Map No., 1000, Section 070, Block 13, Lot 20.5. 7:40 p.m. Appl. No. 3916 ~.' GEORGE REI~HARDT. Variance. Section 100-31, as diske-,,;,,-'ed for. permission m com~mct deck addi~ ' permitted lot coverage and insufficient setbacks f~m line. Properly L.oc~tion: 1380 P,~. Roed # 3 Tnunard Path, East MMV- m, Ceunty Tax map No. 1000, Sec-- lice 31, Blo~ 12, Lot 10. 7:45 p.m. Appl. No. 3906 CHARLES COLOMBO: Variance to the ~oning Ordinance, Artinl¢ XXIV, Section 100-244 B, as dis. spproved, for permission to con- struct a deck addition to existing. hav~ insuffi~ent sideyMd setbacks.. Properly Location: 350 O~k Sm~,- Cutchogue, County Tax Map No.. 1000, Sec~on 136, Blod~ I, Lot 48.. 7:50 p.m. AppL No. 3903 -- LI~DA DAMBASSIS. Valance to Zc~ng Ordinance, Article m, Sec~ lira 100-33, (Afl~cle ~ Scrim. 100-239.4 (A), as disapproved for permission to consmlct nccessories~ garage pool and additions to dwelling in fmnt~ ar~a. Pmpe~' Location 2430 Dignan's Road, Culchogue, County Tax MaP No. 1000, Seetim 83, Block 2, LOt 7.2. 7:5:5 p.m. AppI. No. 3912 EDWARD AND CORRINE BIRDIE. Variance to the Zoning Ordinance, Aflinin III A, Section 100-30A.3, for permission to etruct additions to one family dwelling, pt~gmed connm~iat will have insufficient side ymd Property Location: 380 Parsons Map No. 1000, Seetie~ 037, Block 01, Lot 17,1. $:00 p.m. Appl. No. 3911 -- WALTER RAFFERTY. Varbnce to the Zoning Ordinance, Article XXIV, Section 241A, (Article X X'~fl L Section 100-281 O), as dis- approved, for permission to con- struct additions and alterations to garage with apartment. Property Location: East End Road, Fithen Leoal$... Mature, k, County T~ MOP No. 8:10 p.m. Appl. No. 3918 JOHN ~D CA~E S~- ~CH. S~cid Ex~p~ ~ ~e sales. Property ~: 4250. T~ MOP No. 1~, S~ 121~ B~I,~I. ~:15 p:m. A~l. No. 3907 ~O~ ~O. ~ ~7~ ~ A, Island, County Tax Map No. 1000, tion is mX permitted in this R-40 Seclion 3, Block 7, Lot 5. ' ........... ti ' ........ 924 M~CHAEL HERBER~ S iai EX'- 29950 Main Road, 30 Pequash .... · ~..1~.. Avenue, Cutchogue, County Tax change of use fnxn Bed and Break~ fasttoaducetamuy~we.umgmtms ~'Yl~-t~iM,q pAJ~ThII;RS Vafianc~ Hamlet Business (HB) Dt rlct. to the Zoning Ordinance, Article See Legals, Next page vIL Seetlm 100-71, as di~,,~;ed: is mx peflnitted me in this Dimicr- Pmpefly Locetinn: 1000 Main Salem __ and 160 Main Road, oreenpm~ County Tax Ms~ N~ !000, Se~:, Th~ hoard d A,~ w~ et ~id net stmX befo~ time aEe~ed. Adel- be available, if needed. For mo~e BY ORDER OF THE $oUTHOLD ' TOWN BOARD OF APPEALS GE~t~D p. GOEHRINGER 6~-~O0-1TM8 ........ /~-/ :k, In cipal Iperl ity of ~lch din of ~nUllt~l~ UI, HEARINGS NOTICE IS HEREBY GIVEN, pursuant to the Section 267 of the Town Law and the ~ Code of the Town of Southold, the following hearings will be held by the SOUTHOLD iTOWN BOARD OF APPEALS at a Special Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on WEDNESDAY, MAY 30, 1990, "at the following times: , :7:30 p.m. Appl. No. 3920-- A. LIOS. Variance to the Zon- ing Ordinance, Article XXIV, Section 100-244, as disapproved, for permission to construct deck additions. Proposed construc- tion exceeds permitted lot cover- age, and will have insufficient side yard setbacks. Property Location: 310 Linda Road, Mat- tituck, County Tax Map No. t:1000, Section 106, Block 1, Lot 14. 7:35 p.m. Appl. No. 3933-- PAMELA VALENTINE. Vari- ance to the Zoning Ordinance, Article XXIII, Section 100-231 A, for permission to construct an 8 ft. fence in the front yard area. Fence in the front yard area not to exceed 4 ft. in height. Pro- perty Location: 34655 Main Road, Orient, County Tax Map Ho..1000, Section 019. Block 01, Lot 5 & 6. 7:40 p.m. Appl. No. 3914- EVA HALLA. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Article XXIV, Section 100-244, Bulk, Area and Parking, Article XXlll, Section 100-239.4, build- ing setbacks from water or wet-' lands, for permission to con- struct a one family dwelling. Property Location: 55 Glen Court, Cutchogue, County Tax Map No. 1000, Section 083, Block 01, Lot 01. 7:45 p.m. AppL 'No. 3895-- ROBERT AND ETHELLE SCHROEDER. Variance for re- versal of the building inspector for change of use of land and existing building without obtain- ing a Certfficate of Occupancy. Property location: 4380 Main · Road, least Marion, County Tax Map No. 1000, Section 35, Block 5, Lot 4. "~ ~N7:50 p.m. Appl. No. 3907-- ICHOLAS ALIANO. Variance to tbe Zoning Ordi- 'nance, Article III A, Section 100-30 A.2 (Article XXV, Sec- tion 100-253 A), as disapprov- ed, for permission to construct/ a retail/office complex, pro-~, posed construction is not per- mitted in this R-40 Zone Dis- trict. Property Location: 29950 Main Road, 30 Pequash Avenue, Cutchogue, County Tax Map ~No. 1000, Section 102, Block 03, ~Lot01. · .~ ~ Patricia Wood, being duly sworr 5%': ;hzt s~: ia the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for .................... ./. ..... weeks successively, commencing on the Sworn to before me this .......... F~..Y'..~.~ ..... day of .......................2;b Notary Public 7:55 p.m. Appl. No. 3915- JORDAN'S PARTNERS. Vari- ance to the Zoning Ordinance, Article VII, Section 100-71, as disapproved for permission to construct office and retail stores. Proposed construction is not permitted use in this District. Property Location: 1000 Main -Streekand .160 Main Road, Greenport, County Tax Map No. 1000, Section 34, Block 2, Lot 1. The Board of Appeals will at said time and place hear any and ~.persons or representatives stung to be heard in each of the above matters~ Written com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allot- ted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809 Dated: May 21, 1990 BY ORDER OF '~- THE SOUTHOLD TOWN BOARD OF APPEALS .GERARD P. GOEHRINGER :~,' ' ,~ ~ ~ 'CHAIRMAN .: ;; By Doreen Ferwerda .... "'"'-" .-~., ..... IX, 5124190 (7) BARBARA A. SCHNEIDER .,.,! I :JPL!C,, State 0f New York -*,~,J,~, 6 S~cuon of South · s ~ be he. id by the ~e~rm__S.s... ~. TOW~ 8OASD oF ~ Southold town ,- p,e~d, Soum~_."'..'.'G'.t~ 1990, W~DNESDA~, M~ · 7:30 p · tion 100-30 A.3, Arti¢l'¢ Section 100-244, Bulk, A~e~, ~nd ~Xl p a~_iu ~, A 100-239-4, buildl~ sctl water or wc~ands, ~o~ s~ct a ~c ~ERT AND o{ ~e build~g i~ector f~ buildlug wi~out obtaining ' ' ~te of O~' ~: 43~0 ~ R~d, ~t ~ty T~ Map ~o. ~ , to ~c ~8 ~ VII, Section ~ittg use in ..... ~ of ~e a~ be submitted p~r oq.L S, TE O; NEWYO. ss: COUNTY OF SUFFOLK} Yvonne Lieblein of Mattituek, In said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at MattRuok, in the Town of Southold, County of Suffolk and State of Mew York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for ] weeks successively, commencing on the 24 day of May 19 90 ~./ ~l~ineipal Clerk Sworn to be~_re me ~ ~ ., v, ~ ~ /~ 19/~ NOTARY P~E~C, St~t~ o~ N~w Yo~,~ Sufiolk County No 4G~G60 'form Exp,res Februa~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : Nicho]as Aliano : to the Board of Appeals of the Town of Southold : TO: John Elliott Dawson Fleets Neck Road Cutchogue, NY 11935 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 5outhold to request a (~](0(a~CK~(~.~{~a~9~X (Other) [circle choice] ~ tl~ R~c~ption ). ~ 2. That the property which is the subiect of the Petition is located adjacent to your property an,d is des- cribed as follows: south west corner of Main Road & Pequash Avenue, Cutcnogue, 3. That the property which is the subject of such Petition is located in the following zoning district: AR40 4 lhat h~ such Petition, the undersigned will request the following relief: _up~rade existinq metal shop to retail/office complex 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article IIIA Section 100-30A.2 [ ] Section 280-A, New York Town Law for appr0va] of access over right(s)-0f-way. b. That within five da~s from the date hereof, a written Petition requesting the relief specified above will he filed in the $outhold Town Clerk's Office at Main Road Southold, New York and you ma), then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Oated: Petitioner ~enr¥ Owners ' Names :Nicholas Aliano Post Office Address Main Road~ P. O. Drawer A ~l~m~ ~ , Tel. No. ( 516 ) 298-8420 [Copy of sketch or plan purposes.] showing proposal be' at~tachbd f159 convenience p 054 413 452 ~ohn EllioCC DawSOn ~.~ tW~ Neck Road ~ut c~O~ u~,,c~.Ny 11935 p 054 41~ 451 9,h.ilip MarCO & paZc ic ia j2hil£ips 37 Riverside Drive NeW ~Y6ck, NY 10023 PROOF OF MAILING OF NOTICF aTTACH CERTIFIED MAIL RECEIPTS ADDRESS CT, jO of verse s~de her · being duly sworn, deposes and says that on the /,h~ day Sworn to.~c me this /~' ' Notary/ublic 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- rice at ~%p0 ~/ ' ;that said Notices were mailed to each of said persons by (certified) (r~'gistered~mail. (This side does not have to be completed on form transmitted to adjoining property owners. N/F PHILIP B PATR/CA PHILLIPS MARCO MAIN ROAD ¢'6 N28'/2'30"E 40' P..~_OPOsED i s~opy M.~SON~y ~UILDING N/F JOHN ELLIOT LAWSON PLAN I"= 20' (N Y.S. RTE. 25) HAND/CAP TO MEET PA VEMEN T FL USH L OCA T/ON MAP GENERAL NOTES 1. THE APPLICANT FOR THIS PROJECT IS ALIANO REAL DUCK POND ROAD. CUTCHOGUE, NEW YORK 11935. 2. THE SUFFOLK COUNTY TAX MAP NO. ~S 1000-102-3-1, 3. THIS PARCEL CONSISTS OF 0.960 ACRES. 4, ALL SURVEY DATA PROVIDED BY BIENSTOCK, LUCCHESI AMITYVILLE, NEW YORK. ALL SURVEY DATA IS IN THE U.S.C. & G.S. DATUM. ESTATE - 3800 &ASSOC. - P.C. :'~ 6. ALL CONSTRUCTION SHALL CONFORM TO THE STANDARDS AND ~ S~ECIFICATI'ONS OF THE TOWN OF SOUTHOLD. ~.. 7. THE CONTRACTOR IS RESPONSIBLE FOR LOCATING ALL EXISTING UTI,L, ITIES IN THE FIELD PRIOR TO ALL CONSTRUCTION. PARKING CALCULATIONS GROSS RETAIL FLOOR SPACE (UNITS 1,2,4,6, & 7) ........ 3992 SF STALLS REQUIRED (3992 SF / 200 SE/STALL) ............. 20 STALLS GROSS OFFICE FLOOR SPACE (EXISTING BLDG.) ............ 564 SF GROSS OFFICE FLOOR SPACE (UNITS 3 & 5) ............... 1426 SF TOTAL OFF~CE FLOOR SPACE (564 SF + 1426 SE) .......... 1990 SF STALLS REQUIRED (1990 SF / 100 SE/STALL) ............. 20 STALLS TOTAL STALLS REQUIRED (20 + 20) ...................... TOTAL STALLS PROVIDED ............................... HANDICAP STALLS PROVIDED ............................. 40 STALLS 40 STALLS 2 STALLS DA TE REVISION CUTCHOGUE, P£QIJA $tt COMMONS TOWN OF SOUTHOLD, NEW YORK ~tZ~Iz~,H ,[ J~l~t~! A$~'I~Ci~t~,$ (516) 737-3378 cons~ltino engineers 3505 Wterans Memorial Hwy., Suite M / Ronkonkoma, N. E 1177~ SCALE~s SHOWN PRO J, NO.' 87G4 DATE'JuNE 1589 ~ SHEET DIMENSIONAL SITE PLAN I OF 4 NIP PHILIP 8 PATRIOA PHILLIPS MARCO MAIN ROAD {ASPHALT PAVEMENT / CONCRETE BASE) PROPOSED WATER SUPPLY WELL \ ~c $~oo\ \ TC 32.10 \ N £8'12'$0" E TO BE RELOCATED ~.aO TC 30. 75 DW-2A DW-2 \ LEACHING POOL / ~'~. SEPTIC TANK PROPOSED CDNc~E ' ' TE SIDEWALK UNIT ~ UNI~ ~ CONCRETE WA L KWA Y DW-SA I I I / / / TEST i HOLE \\ sari / r ~.XISTINO WELL TO BE ABANDONED TEST HOLE TC 3~ 70 N/F JOHN ELLIOT LAWSON PLAN VIEW SCALE,' I" / / / I I CONCRETE CURB MEET EX/STING CURB CURB 8 GUTTER. CONSTRUCT NEW CONCRETE GUTTER TO MEET EX/STING FLUSH · BOTH ENDS LEGENg SPOT ELEVATION CONTOUR ...................... FLOW ARRO~ ................... CJSNCRETE CURB ................ CATCH BASIN .................. DRYWELL / CONC. COVER ........ DRYWELL / COMB. INLET ........ ROOF GUTTER & LEADER ......... SANITARY LiNE ................ SANITARY LEACHING POOL ....... WATER SUPPLY LINE ............ UTILITY POLE ................. EXISTING J PROPOSED w · DATE IREV/SION '~ ASSUME: DRAINAGE CALCULATIONS STORE 2' OF RUNOFF IN 10' DIA. DRYWBLLS FOR ROOF AND PAVEMENT, C - 1.00 FOR LANDSCAPED AREAS, C ~ 0.17 SYSTEM 1: ROOF / PAVEMENT LANDSCAPED AREA STORAGE REQUIRED USE 1 DRYWELL I 3980 SFx 1.00 x 2/12' - 663.33 CF 980 SFx 0.17 x 2/12' 27.77 CF = 891.10 CF DEEP (STORAGE CAPACITY - 752 CF) SYSTEM 2: ROOF / PAVEMENT , LANDSCAPED AREA : STORAGE REQUIRED : 9090 SP x 1.00 x 2/12' = 1515.00 CF 430 SFx O.17 x 2/12 12.16 CF = I527.18 CF USE 2 DRYWBLLS 12' OEEP (STORAGE CAPACITY = 1641 CF) SYSTEM 3 ROOF PAVEMENT LANDSCAPED AREA STORAGE REQUIRED 9640 SFx 1.00 x 2/12' - 1607,00 CE 1200 SFx 0.17 x 2/12' 34,00 CF = 1641,00 CF USE 2 DRYWELLS 12' DEEP (STORAGE CAPACITY = 1642 CF) SYSTEM 4 ROOF PAVEMENT : LANDSCAPED AREA : STORAGE REQUIRED : 5360 SFx 1.00 x 2712' = 893.33 CF 1840 SFx O.17 x 2/12' 52.13 CF 945.47 CF USE 1 DRYWELL 14' DEEP (STORAGE CAPACITY - 957 CF) DRAINAGE STRUCTURE SCHEDULE STRUCTURE NO. TOP ELEVATION EFFECTIVE DEPTH INVERT ELEV DW-1 TC 31.40 11'- 0' - ..... DW-2 TC 30.65 12'- 0" 26.40 DW-2A GR 30.45 12'- 0' 26.30 DW-3 TC 30.75 12'- 0' 26.50 DW-3A GR 30.75 12'- 0' 26,40 DW-4 TC 31.70 14'- O' - ..... SANITARY SYSTEM DESIGN TOTAL ALLOWABLE FLOW FOR SITE : 0,B6 AC. x 300 GPD/AC. - 258 TOTAL PROPOSED FLOW FOR SITE: USER FLOOR SPACE USAGE FLOW FLOW FACTOR GPD EXISTING BUILDING 575 SF OFFICE SPACE 0.06 35 GPD UNIT 8 & 5 1426 SF OFFICE SPACE 0.06 86 GPD UNIT 4 710 SF WET RETAIL 0.05 36 GPD UNIT 1 & 7 1663 SF DRY RETAIL 0.03 50 GPD UNIT 2 & 6 1620 SF DRY RETAIL 0.03 49 GPD TOTAL PROPOSED FLOW 256 GPD PROPOSED FLOW m 256 GPD < ALLOWABLE FLOW - 258 GPD ; THEREFORE OK ALTHOUGH PROPOSED FLOW IS 254.1 GPD, USE MINIMUM ALLOWABLE FLOW OF 450 GPD FOR SYSTEM DESIGN AS PER THE REQUIREMENTS OF THE S.C.D.H.S, consulting engineers 3505 Veterans Memorial Hwy., Suite M / Ronkonkoma, N. 1177! SCALE: A$ $HOWN PROJ. NO.' 8764 DATE: JUNE/989 SHEET 2OF 4 GRADING AND DRAINAGE PLAN DIA. PVC (SDR $5) -- CAMPBELL MANHOLE FRAME a COVER CAT, Nm. 1104A SOLID PRECAST DOME GROUNDWATER 8ACKFILL CLEAN SAND 8 GRAV? PRECAST SANITARY RINGS SANITARY LEACHING POOL L._ J PLAN No. 4 RE'BARS G" O/C EACH WAY 2J-~ 9 m i,I ~k --LJ -- 6x6,, lO/lO :LWW MESH ~ SECTION CAMPBELL PATTERN No. 1104 A MANHOLE FRAME 8 COVER fTYP.) MORTAR SHIM AS REQUIRED OUTLET - 4" ~lA. PVC (SDR 35) 900 GALLON SEPTIC TANK SLAB PLAN t 'ROPOSED (SEE STRUCTURE SOLID RING ~ lO'O"MA. .J ~' ~4ND a GRAVEL COLLAR ~4LL AROUND. NOT,~. ~' *diN. TO -- G~WATER SECTION DRYWELL W/TH TRAFFIC SLAB N. T,~ SECTION DE T,4 /L "Al" DE T,4/I. "~ " CONCRETE SIDE WA L K SEE PLAN ~ ALL CONCRETE SHALL H~VE AN AVERAGE COMPRESSIVE BTRENGTt~ ~ /IV ~8 D~ ,~ SI~4LL ~ AIR ENTRA/NE~ EXP~NE/ON J~IVT~ OF ~' O~ CUf~flTU~ SIDEWALK- CURB-PAVEMENT DETAIL 9,. CONCRETE CURB DETAIL N T.~ j ~A J pA PLAN CURS P~dVEMENT ~ - R~MP _ EDGE PLUSh, BMOOT~ SIDE~'AL~ tRANSItION ~ t ~ SECTION A-A CURS SIDE ~ RAMP~- SIDE -~ /SURFACE I FLARE j ELAREL /, SECTION B-B SIDEWALK RAMP - TYPE A N.T.~. MAIN ROAD PROPOSED WATER SUPPLY WELL SUBJECT PROPERTY '~"= THE REQU/RED HORIZONTAL SEPARATION BETWEEN WELL AND LEACHING POOLS ~ (NYS RTE, 25) PROPOSED SANITARY SYSTEM WELL / SANITARY SYSTEM CLEARANCES SCALE../'L-lO0' WELL / SANITARY SYSTEM NOTES 1. A TEST WELL IS PRESENTLY BEING iNSTALLED ON-SITE IN TNB LOCATION SHOWN AND IN ACCORDANCE WiTH THE 'STANDARDS AND pROCEDURES FOR PRIVATE WATER SYSTEMS. 2. AT THE APPROPRIATE TIME, THE S.C.D.H,S. SHALL BE CONTACTED TO PERFORM THE NECESSARY ANALYSIS, 3. THE LOCATIONS OF THOSE WELLS AND CESSPOOLS SHOWN FOR THE ADJACENT PROPERTIES HAVE BEEN DETERMINED FROM INFORMATION PROVIDED BY THE ADJACENT PROPERTY OWNERS. THIS FIRM HAS REPEATEDLY TRIED TO CONTACT THE REMAINING PROPERTY OWNERS VIA SITE ViSiTS, LETTERS, AND PHONE CALLS, TO OBTAIN THE BALANCE OF iNFORMATION BUT WAS UNSUCCESSFUL TO DATE. HOWEVER, : THROUGH LIMITED FIELD INVESTIC~TION, IT IS OUR BEST APPROXIMATION THAT THE REMAINING CESSPOOLS AND WELLS ARE LOOATED ', BEYOND THE REQUIRED 150' BOUNDARY. AS SHOWN ON THE PLANS, THE EXISTING WELL IN THE EXISTING OFF~CE BUILDING SHALL BE ABANDONED. THE NEW WELL SHALL SUPPLY WATER TO BOTH BUILDINGS. SEE THE TWENTY (20) SCALE S~TE PLAN (SHEET 2) FOR CLEARANCES FRCM OTHER STRUCTURE TO WELLS, SUCH AS DRAINAGE DRYWELLS, CATCH BASINS, ETC. SANITARY SEWER NOTES 1. ALL SANITARY SEWER PIPE SHALL BE SDR 35 UNLESS OTHERWISE SHOWN ON THE PLANS. ALL PIPING EXITING THE BUILDINGS SHALL BE XH CAST IRON FOR A DISTANCE OF FIVE (5) FEET BEYOND THE FOUNDATION WALL. 2. CONSTRUCTION OF THIS SANITARY SEWAGE DISPOSAL SYSTEM SHALL BE WITNESSED BY A PROFESSIONAL ENGINEER LICENSEO TO PRACTICE tN THE STATE OF NEW YORK. THE ENGINEER SHALL BE REQUIRED TO CERTIFY TO THE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES (S.C.D.H.S.) THAT THE SANITARY SYSTEM HAS BEEN CONSTRUCTED IN ACCORDANCE WITH THE APPROVED PLANS. 3. CAST IRON COVERS SHALL BE SET APPROXIMATELY TWO (2) INCHES HIGHER THAN THE GRADES ESTABLISHED ON THESE PLANS TO ALLOW FOR SETTLEMENT, IN ACCORDANCE WITH THE S.C.D,H.S. REQUIREMENTS. r DATE REVISION PEOl. lA $tt COMMONS CUTCHOGUE. TOWN OF SOUTHOLD, NEW YORK consulting engineers 3505 Veterans Memorial H~., Suite M / Ronkonkoma, N. ~ 11779 SCALE: PROJ. NQ.: DATE: SHE~ AS SHOWN 8764 JUNE 1989 3 OF4 DE~S ROAD -- - s2 - - - -- - dy 29 '44 '00" E 2Z55' N/F PHILIP 8 PATR/CA PHILLIPS MARCO · 3~45 TOPSOIt $ N 28'I2'30" E ~. ?OPOS~D I STo~y M,~SON~y BUILDING (IV.. Y.S. RTE, 25) 41c I EXIS TING A SPHAL T. FILL AS REQUIRED. TOPSOIL 8 SEED ~z~ ~ N/F JOHN SITE LIGHT (TYP,) ELLIOT LAWSON MWC LIGHTING CO. SAN JUAN SERIES SHARP CUTOFF L UMINAIRES, "~"- TYPE MOUNTING ON 18' POL~, LAMP SHALL BE XOOW METAL HALIDE, IPOV WITH MEDIUM BRONZE ANODIZED FINIS~ 48Fi POP. Gq, THIS PLAN IS FOR LIGHTING AND LANDSCAPING ONLY, FOR GRADING, DRAINAGE, 8 SANITARY SEWER INFORMATION, SEE SHEETS 2 E. ~. ?. §. U, ABL PLANT ItATERIALS TO BE FRESH DUG HIGHEST QOALIT¥ LANI~CAPE STOCK. CONTRACTOR TO CHECK LOCATION OF ALL UTIhlTIEB FOR ANY CONFLICTS WITH LA!IBI~CAPING PRIOR TO EXCAVATION ~OR PLANTINGS. ALL PLA~T PITS TO BE BAC~FILLED WITH TOPSOIL HIX~D NITR O-SO-O FERTILIZER AT TB~ RATE OF FIVE (5) POUNI~ PER Y~RD. ALL TREE PITS AND SHRUB BEDS TO BE H~LCH, WiTH 3" DEEP SIfl~EDDED BARK ~ULCH. ~L ~gD AND 50D ~g~ TO RECEIVE FOUR (4) I~C~ DEEP CLEAN TO.OIL. ~L 5EKD ~D/OR 50D ARK~ TO H~CEIVE TEN (10) PODN~ 0-20~0 P~R lOOO SEED MIl(TURK SHALL BE 40 % RED FE~CUE, 40 % TALL ARD S0 E KENTUCKY BLUE GRASS. ALL PL~IiT lt~TERIALS TO BE GUARANTEED FOE A PERIOD OF ONE (1) YEAR AFTER A~OEPTANCR BY OWNER. IF ANY DISCREPANCY EXISTS BETWEEN PLANT LIST AND THE PLAN, T~]~ PLAN SHALL GOVERN. PLANT LIST QUANTITY KEY BOTANICAL NAME COMN'ON NAME SIZE REMARKS 2 Ck CORNUS KOUEA KOREAN DOGWOOD 8' - 10' Hr. B & B, F & D, WB 5 TI TILIA CORDATA LITTLE LEAF LINDEN 2 1/2' - 8' Cal. B & B, WB 122 Jt JUNIPERUS SABiNA TAM TAM JUNIPER 15' - 18° Spd. 3 GAL CONTAINER, F & D 3 Tc TSUGA CANADENIS CANADIAN HEMLOCK 4' - 5' Bt. B & B, F & D 2E lc ILEX CRENATA CONYEXA CONVEX LEAF JAP. HOLLY 24' - 30' Spd. ~ GAL CONTAINER, F & D 48 Fi FORSYTHIA INTEBMEDIA BORDER FORSYTHIA 3' - 4' Hr. B & B, F & D, WB Bt, - height Bpd - spread Cal. = caliper ~ 4' from ground B & ~ - ball and burlap F & D = full and dense WE = well branched DATE REVISION CUTCHOGUE, P£QUA SN COMMONS TOWN OF SOUTHOLD, NEW YORR consulting engineers 3505 Veterans Memorial Hwy,, Suite M / Ronkonkom~ N. ~ 11779 PROd. NO.: DATE: SCALE: I"= 20' 8764 dUNE 1989 LANDSCAP/NG AND LIGHTING PLAN SHEET 4 OF4