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Home My WebLink About3801 Southold Town Board of Appeals . APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONiS, JR. SERGE DOYEN, JR. JOSEPH H. SAWiCKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Appl. No. 3801: Matter of WILLIAM BAXTER, JR. for a Special Exception to the Zoning Ordinance, Article XIII, Section 100-80B(1) for permission to utilize existing building and premises for assembly and manufacture of classic cars in this "C-Light Industrial" Zone District. Location of Property: North Side of Main Road and the West Side of Elijah's Lane, Mattituck, NY; County Tax Map District 1000, Section 108, Block 4, Lot 10. At a Meeting of the Zoning Board of Appeals held on January 12, 1989, the following action was taken: WHEREAS, a public hearing was held on January 12, 1989, under File No. 3801, filed November 14, 1988; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, applicant requests a Special Exception pursuant to the requirements of Article VIII, Section 100-80(B) for permission to assemble and manufacture classic cars in the existing building, all as shown on the Map prepared by Young & Young, L.S. revised October 12, 1988, under consideration. Page 2 - Appl. No. Matter of WILLIAM BAXTER, JR. Decision Rendered January 12, 1989 2. The property in question: (a) is located in the "C-Light Industrial" Zone District; (b) will contain an area of 1.7748 acres (or 77,312 square feet), and more particularly referred to as proposed "Lot No. 1" on the "Map of Alteration of Boundary Lines" and/or Minor Subdivision; (c) is improved with a 79.4 ft. by 119.9 ft. one-story concrete-block building, set back 67.9 feet from the easterly {front} property line along Elijah's Lane and 102.1 feet from the southerly {front} property line along the Main Road, at its closest points. (d) is identified on the Suffolk County Tax Maps as District 1000, Section 108, Block 4, part of Lot No. 10. 3. For the record it is noted that communications have been made a part of the record from Assistant Town Attorney Robert H. Berntsson dated November 4, 1988, from William J. Baxter dated November 2, 1988, from the Planning Board dated December 6, 1988 and from Wickham, Wickham & Bressler, P.C. dated November 17, 1988. 4. It is also noted for the record that applications are pending with the Southold Town Planning Board at this time not only for site plan approval but also for an "Alteration of Lot Lines in a three-lot Minor Subdivision." The parcel under consideration by this Board for a Special Exception use is referred to as Lot No. 1 on the pending Minor Subdivision Map proposal. 5. In considering this application, the Board has: (a) considered items {a} through {1} of the zoning code; (b) determined the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent-use districts; (c) determined the safety, health, welfare, comfort, convenience, and order of the town will not be adversely affected by the proposed use and its location; (d) determined that the use is in harmony with and will promote the general purposes and intent of zoning since this is a use permitted by legislative action and will meet the requirements of same under the zoning code, subject to actions by the Planning Board. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Dinizio, it was Page 3 - Appl. No. Matter of WILLIAM BAXTER, JR. Decision Rendered January 12, 1989 RESOLVED, to GRANT a Special Exception as applied and referenced above, in the Matter of the Application of WILLIAM J. BAXTER, JR. under File No. 3801, SUBJECT TO THE FOLLOWING CONDITIONS: 1. No outside storage (as regulated by Section 100-62 of the Zoning Code); 2. Actions by the Southold Town Planning Board. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Absent were: Member Sawicki {out-of-state} and Member Doyen of Fishers Island {due to poor flying conditions}). This resolution was duly adopted. iECE. IVED AND FILED BY THE SOUTt'iOLD TOWN C~ DATE //gq{%9 HOUR '5:~°F.~. Town Cle~:k, Town of Sou,.oi~d_~ lk GERARD P. GOEHRINGER, CHAIRMAN APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. $outhold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 119'71 TELEPHONE (516) 765-1809 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pu~'suant 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, JANUARY ~, 1989, at the following times: 7:32 p.m. Appl. No. 3809 - STEPHEN AND DONNA GRZESIK. Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to construct addition to dwelling with an insufficient rearyard setback. Location of Property: 62215 (309) North Road, Greenport, NY; County Tax Map District 1000, Section 40, Block 1, Lot 3. 7:35 p.m. Appl. No. 3810 - ANTHONY AND ROSEMARY BOLLETINO. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory tennis court, swimmingpool, and fence enclosure(s) in the frontyard area. Location of Property: North Side (#16705) Marion, NY; County Tax Map District 1000, Lot 14.6. Main Road, East Section 23, Block 1, Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of January 12, 1989 7:38 p.m. Appl. No. 3817 - DORIS K. BROWI~. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory building in the frontyard area. Location of Property: Private Right-of-Way located off the north side of Bergen Avenue, Mattituck, NY; County Tax Map District 1000, Section 112, Block 1, Lot 17. 7:43 p.m. Appl. No. 3816 - WILLIAM AND THERESA PARK. Variance to the Zoning Ordinance, Article III, Section 100-32, for approval of addition to accessory building with insufficient setbacks from property lines. Location of Property: Westerly Side of Bennett Lane and the South Side of Pine Neck Road, Southold, NY; County Tax Map District 1000, Section 70, Block 9, Lot 1. 7:48 p.m. Appl. No. 3820 - GUNTHER AND KAYLA STOTZKY. Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to construct addition at rear of existing dwelling with an insufficient rearyard setback. Location of Property: East Side of Osprey Nest Road, Greenport, NY; Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of January 12, 1989 7:53 p.m. Appl. No. 3802 - HOWARD LUCAS/ALICE HUSSIE. Special Exception to the Zoning ordinance, Article VII, Section 100-70B for permission to establish car dealership (and sign) in this B-1 General Business Zone District. Location of Property: West Side of Horton's Lane, Southold, NY; County Tax Map District 1000, Section 59, Block 3, Lot 32.1. 8:00 p.m. Appl. No. 3912 - PETER AND JANICE STEIL. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory swimmingpool in the frontyard area. Location of Property: East End Road, Fishers Island, NY; County Tax Map District 1000, Section 5, Block 2, Lot 7.4. 8:03 p.m. Appl. No. 3815 - ALFRED FALKOWSKI. Variance to the Zoning Ordinance, Article IX, Section 100-93, Bulk Schedule, for permission to locate new principal building in this C-1 General Industrial Zone District with an insufficient frontyard setback. Location of Property: 8595 Cox Lane and South Side of Oregon Road, Cutchogue, NY; County Tax Map District 1000, Section 83, Block 3, Lot 4.6. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of January 12, 1989 8:05 p.m. Appl. No. 3814 - RYCK KOKE. Variance to the Zoning Ordinance, Article III, Section 100-32 for approval of accessory swimming pool with fence enclosure in the sideyard area. Location of Property: 245 Kimberly Lane, Southold, NY; Paradise By the Bay Subdivision Lot No. 2; County Tax Map District 1000, Section 70, Block 13, Lot 20.2. 8:10 p.m. Appl. No. 3806 - DORIS PRICE MOELLER FOSTER. Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient lot width (frontage) of proposed Parcel No. 1 in this pending Minor Subdivision. Location of Property: West Side of Little Neck Road, Cutchogue, NY; County Tax Map District 1000, Section 103, Block 9, Lot 13. 8:15 p.m. JOSEPH AND BETTf HARDY. South Side of Main Road, Mattituck, NY; 1000, Section 114, Block 11, Lot 5: (a) Appl. No. 3747 - Special Exception to the Zoning Ordinance, Article VIII, Section 100-80B, for permission to construct wholesale storage building, accessory to plumbing use; and Location of Property: County Tax Map District Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of January 12, 1989 (b) Appl. No. 3746 - Variance to the Zoning Ordinance, Bulk Schedule, Article VIII, Section 100-81, for permission to construct wholesale storage building for plumbing business use. / 8:25 p.m. Appl. No. 3810 - WILLIAM J. BAXTER, JR. Special / /ception to the Zoning Ordinance, Article XIII, Section 100-80B / for permission to utilize existing building and premises for ~s~a~'~dz~u~t~f~nc~sP~p~:''c~tSide Main Road and West Side Elijah's Lane, Mattituck, NY; Proposed Lot No. 1 as shown on Map dated October 12, 1988; County Tax Map District 1000, Section 108, Block 4, Lot 10. 8:30 p.m. Appl. No. 3797 - FISHERS ISLAND UTILITY COMPANY, INC. Variances to the Zoning Ordinance, Article III, Section 100-31, for approval of insufficient area of two proposed parcels in this pending division of land. Location of Property: West Side of Crescent Avenue and North Side of Central Avenue, Fishers Island, NY; County Tax Map District 1000, Section 6, Block 6, Lot 20.4. Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of January 12, 1989 The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. For more information, please call 765-1809. Dated: January 3, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ..-~...~ ~..~:.~ ..... ~., ..... ~ ..... PLEASE TAKE NOTICE that your application dated .. ~.~..~......~ ....... 19 ;~... for permit to (D.~aeW~ .~...~. Oe~..3~ .~..... ~.~ ~.. ~ ......... at Location of Property ~=~ ~ V~' ~ ~C~- ~ ~ ~~. ......... ': ' .... " ............. ~ie3~ ' ' ' Hamlet House No. ' .... County Tax Map No. I000 Section ... [.~. $ ...... Block .... .~q ...... Lot ../.~ ......... Subdivision ................. Filed Map No. : ............... Lot No. ' is returned herewith and disapproved on the following grounds ./..a?.-: .~.9..'~. d_..)...~... ...'~...~.~....% ~,,~ ~...~.. c~:~...q .~.... ~'~... · :.,:~.~.~ .~,~..~. ¢~. ~.~..~.~¢.~..~ ~.. . .~__ _.~ ................................... . . . .............. Building Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: Application No. ~ ~0 Date Filed: /~//~ ~/~ ~/ I (We), William Baxter, Jr. of 1030 East Putnam Avenue, Greenwich, (Residence, House No. and Street) Connecticut 06830 (203)637-4559 (Hamlet, State, Zip Code, Telephone Numbe~) hereby apply to THE ZONING BOARD~.~.F,_~APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICL~ , SECTION /~-~0 , SUBSECTION for the below-described property for the following uses and purposes (and as shown on the attached plan drawn~.c~/~"~'~-)~t°~cale): ~ ~7~/~/~/- ~ ~z~2~c~'~'~/'~ A. Statement of Ownership and Interest. Wi1 lam Baxter. Jr. & Jane Bm×ret Goeller ~(are) the owner(s) of HR2uasde& E li]ah's Lane, Matt i tuck. New York property known and referred to as Main( NO., Street, Hamlet} identified on the Suffolk County Tax Maps as 'Dist'rict 1000, Section 108 , Block 4 , Lot~) . 10 , which is not (xinu) on a subdivision Map Of~tl( -- , The above-described property was acquired ~ the owner on May 1, 1961 B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use con~rms to the standards prescribed therefor in said ordinance and would not be~trimental to~ property or persons in the neighbo~ood for the following reasons: %/~~'i<~.~ C. The property which is the subject of this application is zoned"C" Light Industria~nd [X] iS cQnsis~ent with the use(s) described in the Certificate of Occupancy being furnished herewith. [ ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): [ ] is vacant land. STATE OF NEW YORKi ss.: (S%gn~l~'ure) ~ _,WILLIAM BAXTER,JR. Sworn to before me this~day of ~~ , 19~. (Notary Public)~ / /~~ ZB2 (rev. 2/6/86) TOWN OF SOUTHOLD ~"~OPERTY RECORD CARD "~ OWNER FORMER'OWNER LAND SEAS. IMP. / V o 0 STREET VL TOTAL ~-o oO-,k /2-7' oo: AGE BUILDING CON[ NEW NORMAL BELOW Farm Acre Value Per Acre rillable 1 -illable 2 -illable 3 Voodland wampland FARM VILLAGE DATE DISTRICT -5UB;' - (Pr r, ACREAGE ~ / TYPE OF BUILDING~ I CB. I MISC. LOT lest. Mkt. Value REMARKS ABOVE Value FRONTAGE ON WATER lrushland . . flouse Plot 'otal' L~ ~. -g_ ,p z i., L, /z?5~-! 4~2 Foundation i(~..tt~L~¢ Bath Extension i z ~ .: .) : c/~O' ~ ~5' '~/~/~ [Basement ~L~) Floors ExtensionI / JExt. Walls I '; Ir: ,"~lnterior Finish [ Fire P ace ~ Heat Extension ~ ~ [ : j Porch [Roof Type £.,//? /,~ I I Porch [Rooms Ist Floor Breezeway Patio Rooms 2nd Floor APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Origonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 May 7, 1992 Mr. William L. Lindsay P.O. Box 662 Mattituck, NY 11952 Re: Your Inquiry Received May 4, 1992 - Auto Parts Business Limited Business (LB) Zone District as of 1/10/89 Dear Mr. Lindsay: We are in receipt of your communications pursuant to contact you have had recently with the Planning Board or its staff and your proposed occupancy of the Baxter Bros. building at the westerly corner of Elijah's Lane and northerly side of Main Road in Cutchogue (1000-108-4-10. The subject premises is presently zoned LB (Limited Business). In checking with the Planning Board, we find that there was a conditional site plan approval rendered March 13, 1989 for an "as built" building layout (as of January 30, 1989) and upon which is noted the Special Exception granted under Appl. No. 3801 (for manufacture and assembly of classic cars). Based on the use granted in the Special Exception for assembly and manufacture of classic cars, and the fact that the Limited Business zone district permits auto parts wholesaling and warehousing, as well as motorcycle shop repairs and services, and retail uses supplemental to the above services, it is our position that an auto parts business is not prohibited. It is recommended that you file a written request for a waiver or for other approval before the Southold Town Planning Board since this requirement was imposed by them at the time of endorsing the site plan in 1989. Also, you will not be permitted to have outside storage in any manner and will be required to apply to the Building Department for appropriate certificate of occupancy/use as amended and/or building permits Page 2- May 7, 1992 To: Mr. William L. Lindsay Re: Auto Parts Business in LB Zone (1000-108-4-10) as may be deemed necessary based upon the nature of the work to be performed. Ver~3~rtrtyyours~>/.--~-L~ ::~ -,- ./_ .._/~-_ _/_ _/_ ...~ >: _-- /GER3~RD P. ~OEHR~G~R // ~ lk cc: Chairm~n and ~e~e~s of the Southold Town Planning Board BufldfnG Department (Attn: ~r. Lessard and ~r. Ffsher) DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 LEE E. KOPPELMAN DIRECTOR OF PLANNING January 26, 1989 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Stephen & Donna Grzesik ~illiam Baxter, Jr. William & Theresa Park Gunther & Kayla Stotzky 3809 3810 3816 3820 GGN:mb Very truly yours, Arthur H. Kunz Acting Director of Planning S/s Gerald G. Newman Chief Planner Southold MAIN ROAD-STATE ROAD 25' Town Board of Appeals SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI ~J±nJ~mes ,Din~ zi o, Jr. Pursuant to Board of Appeals the following to Article XIII of the Suffolk County Charter, the of the Town of Southold, New York, hereby refers the Suffolk County Planning Commission: Variance from the Zoning Code, ArticlexiIi, Section 100-80B Variance from Determination of SouthOld Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3810 Applicant: William Baxter, Jr. Location of Affected Land: N/s Main Rd., W/s Elijah Lane, Mattituck,NY County Tax Map Item No.: 1000- 108-4-10 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is and premises for assembly and manufacture of classic cars, Industrial Zone. requesting permission to utilize existing building in C Light Copies of Town file and related documenCs enc]osed for your review. Dated: January 24, 1989 tr APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 January 23, 1989 Karen J. Stretz, Esq. Wickham, Wickham & Bressler, P.C. Main Road, Box 1424 Mattituck, NY 11952 Re: Appl. No. 3801 - Special Exception (Baxter) Dear Ms. Stretz: Transmitted herewith for your perusal and file is a copy of the determination recently rendered by the Board of Appeals in the above matter. Copies of this decision have also been furnished to the Building Department Office and Planning Board Office to update their files. Please be sure to return for other permits which may be necessary. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Office of the Planning Board Office of the Building Inspectors Suffolk County Department of Planning WICKHAM, WICKHAM & BRESSLER, P.c. MAIN ROAD. R.O, BOX 14~4 MATTITUCK, LONG ISLAND NEW YORK II95~ 516-~98-8353 November 17, 1988 MORTGAGE OFfiCE 5i6-~98-5300 Board of Appeals Town of Southold Town Hall Main Road Southold, New York 11971 Re: Baxter Property, Corner of Main Road & E~ijah's Lane, Mattituck Suffolk County Tax Map #1000-108-4-10 Gentlemen: We enclose three (3) copies of the interior plans for the southerly portion of the building, which is where the proposed activity will take place. The northerly portion of the building will not house any of the classic cars, and will remain vacant until further notice. The building is 120' x 80', and the southerly portion contains 4,800 square feet. Of this area, the following breakdown is proposed: Lounge: Approximately 86 square feet, or 2% of the area. Bathrooms: Approximately 110 square feet, or 2.5% of the area. Boiler room: Approximately 72 square feet, or 1.5% of the area. Office space: Approximately 800 square feet, or 17% of the area. Manufacturin§ and Assembly space: Approximately 3,732 square feet, or 77% of the area. This information is intended to help the Board in making a decision on the special exception application, which was submitted on November 10, 1988. Very truly yours, Karen J. Stretz KJS:amm enc. JAMES A. SCHONDEBARE TOWN A~fORNEY ROBERT H. BERNTSSON ^ss,s~,,~-~o~,~ ,,~o~v RECEIVED 4 1988 Soui'hold Tow,, OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTtlOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1939 To: From: Date: Ref: Judith T. Terry, Town Clerk Robert H. Berntsson, Assistant Town Attorney November 4, 1988 Letter of William J. Baxter I have reviewed Mr. Baxter's letter of November 2, 1988. The subject property is located in the "C" Light Industrial District. Mr. Baxter indicates he has a tenant which proposes to assemble kit cars at the site. Pursuant to Section 100-80.B(1), industrial uses, including manufacturing, assemblying, etc. are permitted by Special Exception by the Board of Appeals and are subject to site plan approval. Thus, the assembly of kit cars appears to be a permitted use by Special Exception of the Board of Appeals and subject ~o site plan approval by the Planning Board. A WORLD ECONOMIC SERVICE SERVING INVESTORS SINCE 1924 November 2, 1988 Town of Southold Town Clerk's Office Southold, NY 11971 Gentlemen: I own the building on the corner of Elijah Lane and Main Road in Mattituck, Section 108, Block 4, Lots 9, 10 and 11. I have conducted a printing and mailing business on the premises since 1961. I have recently leased one-half of the building to a party that plans to assemble kit cars. These are fiber glass components. There is no painting. This is to advise you of a change of business at that address. It is my understanding that the new business is in compliance with current usage. Should there be some reason unbeknownst to me why this should not meet code, please advise me immediately as my tenants would like to commence business as soon as possible. Very truly yours, WJB:rs REGISTRAR Of- VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 November 4, 1988 William J. Baxter 1030 E. Putnam Avenue Greenwich, Connecticut 06830 Dear Mr. Baxter: In response to your letter dated November 2, 1988, I transmitted same to our Town Attorney for an opinion. Enclosed herewith is the opinion of Assistant Town Attorney Robert H. Berntsson with respect to the use of your building on the corner of Elijah Lane and Main Road, Mattituck. Very truly yours, ~h T. Terr~'~ $outhold Town Clerk Enclosure CC: Planning Board Building Department Board of Appeals~'~'~ ~~'~ Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. December 7, 1988 Karen J. Stretz, Esq. Wickham, Wickham & Bressler, P.C. Main Road - P.O. Box 1424 Mattituck, NY 11952 Re: Appeal No. 3801SE - William Baxter Dear Ms. Stretz: Please find attached communication received today from the Planning Board with reference to the above project. Yours very., tru~y~ / GERARD P. GOEHRINGER CHAIRMAN. tr Enclosure Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 TO: FROM: RE: DATE: PLANNING BOARD OFFICE TOWN OF $OUTHOLD Zoning Board of Appeals Planning Board December Calendar December 6, 1988 Marion Robins - ZBA Application No. 3787 SCTM#1000-103-10-2 The Planning Board is not in favor of this proposal as it is inconsistent with the proposed Master Plan which was adopted by the Planning Board. F.I. Utility Co. ZBA Appl. No. 3797 SCTM~1000-6-5-3&5 The Planning Board recommends that the building envelope for Lot No. 2 be designed so that it is setback at least 75 feet from the wetlands. The Board also is aware that this subdivision is to be for affordable housing. The Board thus recommends that a Covenant and Restriction be asked for which states that this is to be for affordable housing in perpetuity. Elizabeth McCance - ZBA Appl. No. 3798 SCTM#1000-6-5-3&6 It is the Planning Board's opinion that Lot No. 6-5-12 was merged with Lot No. 6-5-3. Research shows that both lots were purchased in the s~me name (McCance). The Board thus requests that the lot labeled as Assessor Map 6-5-12 be included in the subdivision as Lot No. 4. The Planning Board also requests that the lot line for Lot No. be designed to allow for frontage on Cottage Place (please see attached map). The west lot line for lot 6-5-12 should be changed (see map) to allow for setbacks from the existing garage. Alfred Falkowski -ZBA Appl. No. 3796SE The Planning Board is not in favor of the variance. The site is large enough to meet setbacks without a hardship. The granting of the variance will set an unnecessary precedent in this area. The surrounding properties are residential and this use should be protected by adhering to yard setbacks in accordance with the Town Code. ~/~illiam J. Baxter - ZBA Appl. No. 3801 The Planning Board requests that all storage be inside, and that no on site storage be allowed. The Planning Board also requests that the number of employees and uses of the building be described so as to calculate the number of parking spaces. Howard Luce (Lucas Ford) ZBA Appl. No. 3802 The Planning Board is requesting that the applicant use the same material for all four sides of the building. Also, the gable should continue around the rear of the building as it is visible from CR 48 as well as from Horton~s Lane. The Board is also requiring that the building be set back to allow for a 75 foot buffer on Horton's Lane. The Board also requests that parking be in the rear, and not in the front or side of the building. 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 2.5 BOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 November 30, 1988 Karen J. Stretz, Esq. Wickham, Wickham & Bressler, P.C. Main Road P.O. Box 1424 Mattituck, NY 11952 Re: Appeal No. 3801SE - William Baxter Dear Ms. Stretz: This letter will acknowledge receipt of your recent application before .the Board of Appeals., The Board members will be conducting field inspections and environmental reviews as may be required prior to scheduling your application for a public hearing. It is requested in the interim that you submit an appli- cation and/or your maps to the Planning Board in order th.at you may communicate with the Planning Board as to possible changes or alternatives to the g~peral layout as may affect the Planning Board's jurisdiction. Upon ~eceipt of a copy of the Planning Board's input, your variance application will be scheduled for the earliest available hearing date. Please keep us advised of developments, and feel free to call at any time if you have questions concerning the processing of your application. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN tr APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR, TO: FROM: DATE: SUBJECT: Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 INTERDEPARTMENTAL MEMORANDUM Southold Town Planning Board Chairman and Members Valerie Scopaz, Town Planner Board of Appeals November 21, 1988 Pending Subdivision Reviews Attached is a list of understand have been, office. several subdivision projects which we or are presently, under review by your Since we have, as of recent date, received applications concerning same, it is urged that if you wish to provide recommendations or comments concerning those elements affecting your jurisdiction, that you do so on or before December 7, 1988, and transmit a copy of your comments to the applicant or his attorney at the same time in order to keep Coordination up-to-date. If we do not receive your comments by December 7, 1988, we will assume that you have no objections to the general lot-line layout as submitted and accordingly proceed. Thank you for your cooperation in this coordination. lk Page 3 - Agenda Special Meeting - November 16, Southold Town Board of Appeals 1988 II. DELIBERATIONS/DECISIONS, continued: 9. Appl. No. 3782 - JOSEPH STOCKEN. Variance to the Zoning Ordinance, Article VIII, Section 100-80 for permission to convert existing building to retail (grocery) store, which is not listed as a permitted use in this "C-Light Industrial" Zone District, in addition to the existing sales use (of gasoline and diesel) and proposed new building for automobile servicing. South Side of Front Street, Greenport, NY. III. O~ER: A. Reminders: 1. Suffolk County Planning Seminar to be held 11/19. 2. SEQRA Hearing - Chris and William Connors - Town Trustees 11/17 at 7:30 p.m. 3. Thirty-day comment period ends 11/19 on the DEIS and supplements Re: Norris Estates, 28-acre site at Camp Mineola Road, Mattituck. 4. Code Committee Meeting November 30, 1988 at 7:30 p.m. - Site Plan Section of the Zoning Code consideration. B. Resolution clarifying intent of Condition No. 2 of prior Z.B.A. decision under Appl. No. 3246 in the Matter of Carrig and McDonald dated July 3, 1984. (Copies attached for Board's reference, together with letter from Henry Raynor, Jr. agent.) as C. Resolution approving Minutes of the October 6, 1988 Meeting. D. New Application - Resolution determing same incomplete pending receipt of items per Chairman's Letter dated Nov. 2, 1988 in the Matter of PETER AND JANICE STEIL at Fishers Island. E. New Applications - Resolution to hold in abeyance temporarily for timely coordinated review and comments in the general lot-line layout jurisdiction before the Planning Board on the following applications: /~Appl. No. 3787 - Marion Robins - Little Neck Road, ---CUtchogue. Area variances for lots in proposed minor subdivision. ~ Appl. No. 3797 -Area variances for vacant land. F.I. Utility Co., Fishers Island. lots in proposed division of Page 4 - Agenda Special Meeting - November 16, Southold Town Board of Appeals 1988 III. E. New Applications for Coordinated Reviews, continued: aAppl. No. 3798 - Elizabeth McCance, Fishers Island. variances for lots in proposed division of land with existing dwellings/nonconformities. F. New Applications for Coordinated Reviews under Site-Plan Elements of Planning Board jurisdiction and general layout of proposed pagking and building placement: /~: Appl. No. 3796SE - Alfred Falkowski, Cox Lane, · Cutchogue. Proposed office and storage. .... 2~.. Appl. No. 3801 - William J. Baxter, N/s Main Road {./' and W/s Elijah's Lane, Cutchgoue. Proposed ~-~' conversion of use to allow manufacture of classic cars and related activities. ~3 Appl. No. 3802 - Howard Luce as Contract Vendee. ~ Special Exception for car dealership at W/s Horton Lane and N/s C.R. 48, Southold. B-1 Zone District. (Planning Board site-plan review has been pending.) IV. Resolution authorizing and directing advertisement of the following matters for public hearings to be held on THURSDAY, DECEMBER 8, 1988 commencing at 7:30 p.m., as follows: Appl. No. 3791 - James Bergeron - Riley Ave, Mattituck. Variance to rebuild nonconforming"second dwelling. Appl. No. 3793 - James Manos - Deck Addition with insufficient setback from wetlands. Lake Drive, Southold. Appl. No. 3794 - Jerry and Mary Georges - Soundview Avenue, Southold. Addition with insufficient setback from ~luff--along.~L_~ound ~Appl. No. 3734 - Kathryn · proposed Parcels #la-Wff~--~2. uI-O~PasturelnSuff±e±entRoad, are& of Cutchogue. Appl. No. 3795 - Peter and Dorothy Micciche, Windy Pt. Lane, SQ~thold_ Accesso~_~n__front yard. ppl. No. 3796SE - Alf.re.~ F~_~kowski~. Special Exception ~or on~-story Building for office~nd storage uses. 8595 Cox Lane, Cutchogue. Warren Sambach, As Agent. Southold Town Board of Appeals MAIN ROAD-BTATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765~1809 APPEALS BOARD January 12, 1989 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN S .E .Q .R.A. CHARLES GRIGONIS, JR. . SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significancp James Dinizio, Jr. APPEAL NO.: 3810 PROJECT NAME: WILLIAM J. BAXTER, JR. This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44~4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similbr project. TYPE OF ACTION: [ '] Type II Ix] Unlisted [ ] Exempt DESCRIPTION OF ACTION:PermissiOn to utilize existing building and premises ~or assembly and manufacture of classic cars in the "C-Light Industrial" Zone District LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly knpwn as: N/s Main Road and W/s Elijah's Lane, Mattituck, NY 108-4-10 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) This is an application concerning use of premises and is not directly related to new construction. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel 516- 765-1809 or 1802. ' ' Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. tr NOTICE OF HEARINGS NOTICE IS HEREBY c-31VEN, pursuant to Section 267 of the Town Law a~nd the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meetifig, at the Southold Town Hall. Main Road, Southold. N.Y. 11971. on THURSDAY. JANUARY 12, 1989. at the following times: 7.'r32 p.m, Appl. No. 3809-- STEPHEN AND DONNA GRZESIK. Variance to the Zon. lng Ordinance. Article Ill. Sec- tion 100-.tl, for permission to construct addition to dwelling wffh an:insufficient ~aryard set- bac'k. ~tion: of Proper y 62215 (309) North Road, Green- po~t2 bIX.;~Couqty Tax Map Dis- '~f~/.t~ Se~:t, on 40, B pek 7:35 'i~.m. App}. No. 3810- ANTHONY AND ROSE- 'nARY BOLL~T~No. Variance ~ln$ Ordinance, Arti- ~, . ,Section 100-32 for per- cnia J~Dll'lo locate accessory zen- his coort~ swimming pool, and i'enee ~FJl~'~s~refs) in the fi'om- ance to th~ Zom~fi-g Ordinance. Bulk Schedule, Article VIII, Section 100-81. for permission to construcl wholesale storage building for plumbing business 5 p.m. Appl. No 3810-- lAM J. BAXTER. JR. Special Exception to the Zoning Ordinance, Article XlII, Section 100-80B for permission to utilize existing building and premises for assembly and manufacture of classic cars in this "C-Light Industrial" Zone District. Loca- tion of Property: North Side Main Road and West Side Eli- jah's Lane, Mattituck, N.Y,; Pro- posed Lot No, I as shown on Map dated October 12, 1988 LCounty Tax Map District 000 Section....L08, Block 4, Lot l0 :30 p.m. AppL No. 3797-- FISHERS ISLAND UTILITY COMPANY, INC. Variances to the Zoning Ordinance, Article Ill, Section 100-31, Ibr approval posed parcel~ in Ihis pending Couut> Tax Map Dis r ct Secllon 6, Block 6, Lot 20.4. The Board ~f Appeals ~iH at m~nta may al~ b~ submitted prior td the conclusiofi Of the subject hefiring. Each hearing will not start before the time allotted. For more informalio~, ~Y ORDER OF THE $OUTHOLD ~ BOARD OF APPEALS GERARI~ p. GOEHRINGER CHAIRMAN By Linda Kowalski IX, I/5/88 (2) COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of IHE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ...................... ./.... weeks successively, commencing on the ........... ':~. ......... day of ~;~.'z~"~.'.'7 . 19 ..oQ~.. .... :7 i .... Sworn to before me this ..................... day of ........ ...... 9. Notary Public I! ;<Y [' iS', C, S~ata of New York Nc. 4808S46 Le__ oHces NOTICE ~ HEREBY GIVEN, imtsuant~l~.~ction 267 of the To~nM~w and the C~le of the Tovm ~ Secthold, the following hearings will be held by the SOUTltOLD TOWN' BOARD OF the Somhold Town Hall, Main Road, g,,,,&old, NY 11971, on THURSDAY. JANUARy 12, 1~9, 7'.32 p.m. Appl. No. 3809 -- Attlehi m', Sectiem 100-{I, for erty: 6221~ (30~) No,th Road, O'mmlXm, NY; C4mmy Tax Map 1, Let 3. 7..3{ p.m. AppL No. 3810 ANTHONY AND ROSEMARY BOLLETINO. Variance to the Zonlns Ordinance. Article Sec~on 100-32 f~ pennissinn to locate accessory tennis swlm~,$po~, and fence enclo- su~(s) in the fmmya~d a~a. t ~__. tton of Property: Noah Side (#1670~) ~ R~md, East Marion. NY; County Tax Map District 1000. Secfi~ 23, Block !, Lot 14.6. 7:38 p.m. AppL No. 3817 DORIS I~ BROWN. Variance to the Zm~a O~,ce, Article Set,on 100-32 fo~ i~nnisslem to mty: I~ivam Right-of-Way located ~f the noah side of Be~mi Av- ~p District 1000. Section 112, Block 1. Lot 17. 7:43 p.m. AppL No. 3816 ~ AND THHRESA PARK. Article I~. Section 100-32. for ..t,t~,,~al of addition to ac~sso~ hoildin$.with insufficient setbacks from l~operty lines. Location of Property: Weatedy Side of Be~meu Lane and ~ne South Side of Pine Tax Map Diet, et 1000. Section 70, Block 9. Let !. 7:48 p.m. Api~ No. 38~0 Variance to the ~ Artick 1TI. Section 100-$1, for pennisslon to conatmct addition at mar of exlstin$ dwelling with an insufficient rearyard setback. Ush 'car dealership (and siNn) in this B-I ~ene~ Busincs! ~s~ ~ m of P~y: West ~de ~ Ho~on's Lane, ~ld, NY; ~ T~ Map ~ 1~. S~ 59, BI~ 3, ~ 3~L ~:~ p.m. A~I. No. 3912 missi~ to lo~to aocesso~ s~n~ ~ ~ f~tya~ a~. ~fim of End ~, Fis~ ~d, ~n~ T~ ~ ~ 1~, ~ 5, B~ 2, ~ 7.4. 8:~ p.m. A~ No. 3815 ~ F~. V ~m 1~, B~ ~ f~ b~d~ ~ ~is C-I General mfim ~ ~: 8595 ~t~, ~; ~ t~, Se~ ~, BI~ 3, ~ 4.6. 8:05 p.m. A~I. No. 3814 RY~ KO~. Vlfi~ m ~ 1~-32 for a~ of ac~s~ s~g ~1 wi~ ~- ~fim ~ ~: 245 ~dy ~e, ~old, ~ By ~ Bay ~sim ~t No. 2; ~ty T~ Map ~stfi~ 1~, S~m 70, BI~ 13, ~ ~.~ ~al of ~s~i~t lot ~dth (f~e) ~ ~ ~ No. I ~ ~ ~g ~ Su~- ~ ~fi~ ~ ~ay: West Side of Litde Neck Road, ~ ~; ~ 1~, ~ 1~, BI~ 8:1~ p~. J~H ~ BH~ HARDY. ~ca~on of P~ay: ~ S~ of I~, ~ 114, Bilk 11. (a) A~L So. ~4~ -- S~ Hxc~ to 80B. f~ ~sai~ ~) A~. No. ~7~ ~ ~e ~S O~inan~. Bulk Schedule, A~e 1~-81, for ~ssion Locetleo of Property: Em Side of atmct whclesaie sto~aae hoildin$ ~ty T~ Map ~s~ 1~, ~8:~ p.m. A~I. No. 3810 mt.C~.rtyCarS in this "C-Light ~ : North Side Main f /~nd West Side Elijah's Mattimck, NY; Proposed Lot No~ I ~ shown mi Map de~d Octets{ 12~ 1988; County Tax Die,ct 1000, Section 108, Bhicl4 '~"~8:30 p.m. AppL No. 3797 -- t~n~o o[ MattJtuck' In FISHERS ISLAND UTILITY COM- PANY. INC. Variances to the Sworn, says that ho/she is Principal Zoning Ordinance, Article Section 100-31, for {q~provai of [ TIMES, a Weekly Newspaper, insufficient ~ea of two l~Oposed parcels in this pendin[ division of l,md. Location of Pmpe~/: West Side of C~scent Avenue and No~h Side of Central Avenue. Fithm Island. NY; County Tax Map District 1000. ~ 6, Block 6, Lot 20.4. The Board of Appeals will at said time and place hear any and siring to be heant in ~ of the conclusion of the subject heating. Each he. ting will not start before the time allotted. For mo~ infor- mation, please can 765-1809. Dasd: January 3, 1989. BY ORDER In the Town of Southold, County of York, and that the Notice of which :opy, has been r~ularly published in each week for 1 weeks cing on the 5 day of Principal Clerk OF THE SOUflIOI~ TOWN BOARD OF APPEAI~ , .~. . GI~ARDP. OOI~fl~O~I . 'lO ~):-' ~ ~ 1'~'~' 6162-115 / ?~7/~-- , , ~,~.~ APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI ./AMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD- ¢~TATE ROAD 25 SOUTHOLD. L.I.. N.Y. 11971 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 recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. - Yours very truly, GERARD P. GOEHRINGER CHAIRMAN List of Mailing Notice of Hearings for 1/12/89 ,Southold Town Board of Appeals Copies to the following on or about January 3, 1989: Environment East, Inc., 3075 Indian Neck Lane, Peconic, NY 11958 for Stephen and Donna Grzesik. J. Kevin McLaughlin, Esq., 828 Front Street, Box 803, Greenport, NY 11944, for Anthony and Rosemary Bolletino. Mrs. Doris K. Brown, Box 915, Bergen Avenue, Mattituck, NY 11952 Mr. Joseph Brown, 536 East 15th St, Apt. 4, NY, NY 10028 Mr. and Mrs. William E. Park, Jr. 3500 Pine Neck Road, Southold, NY 11971 Mr. and Mrs. Gunther Stotzky 110 Bleecker Street, New York, NY 10012 Mr. Howard Tudisco, Gray Construction Corp. (picked up in person on 1/3/89) Mr. Howard Lucas, 437 Second Avenue, East Northport, (by mail) NY 11731 Ms. Terry S. Gingras, Office Manager, for P. & J. Steil Metcalfe and Thorne, Inc., 150 Main Street, Northampton, Massachusetts 01060 Mr. Warren A. Sambach, Sr., Box 1033, Cox Lane, Cutchogue, NY 11935 for Alfred Falkowski Rudolph H. Bruer, Esq., Main Road, as Attorney for: Ryck Koke Doris Price Moeller Foster Joseph and Betty Hardy Southold, NY 11971 Karen J. Stretz, Esq. for William J. Baxter, Jr. Wickham, Wickham & Bressler, P.C., Main Road P.O. Box 1424, Mattituck, NY 11952 Richard F. Lark, Esq. for F.I. Utility Company, Inc. Main Road, Box 973, Cutchogue, NY 11935 Suffolk Times, Inc. L.I. Traveler-Watchman Town Clerk Bulletin Board (Main Lobby)ZBA Office Bulletin Board ZBA Board Members (with file copies) JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATIST[CS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD 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: November 14, 1988 Transmitted herewith is Zoning Appeal No. 3801~: application of William Baxter, Jr, for a Special Exception. Also included is Notification to Adjacent Property Owners; Short Environmental Assessment Form; Certificate of Occupancy for Non-conforming Premises; survey of property; and any other attachments relative to this application. Judith T. Terry *' Southold Town Clerk WILLIAM WICKHAM ERICd BRESSLER ABIGAIL A WlCKHAM KAREN d STRETZ LAW OFFICES WICKHAM, WlCKHAM ~ BRESSLER, MAiN ROAD, P.O. BOX I424 MATTITUCK, LONG ISLAND NEW York MORTGAGE OFFICE 516-298-5300 November 10, 1988 Board of Appeals Town of Southold Town Hall Southold, New York 11971 Re: Baxter Property Corner of Main Road & Elijah's Lane, Mattituck Suffolk County Tax Map #1000-108-4-10 Gentlemen: We enclose the following in connection with the Special Exception application above cited: I. Notice of Disapproval 2. Application in triplicate 3. Original notice to adjoining property owners 4. Environmental Assessment form 5. ZBA Questionnaire 6. Copies of certificates of occupancy 7. Copies of deeds 8. Four (4) original prints of map 9. $150.00 filing fee Please advise if anything further is needed. Very truly yours, Karen J. Stretz ,KJS:amm enc. Southold Town Board of Appeals ~ TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONI$. JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, .IR, TRANSCRIPT OF HEARING REGULAR MEETING - JANUARY 12r 1989 SOUTHOLD TOWN BOARD OF APPEALS Appl. No. 3801 - WILLIAM J. BAXTER, JR. Special Exception to the Zoning Ordinance, Article XIII, Section 100-80B for permission to utilize existing building and premises for assembly and manufacture of classic cars in this 're-Light Industrial" Zone District. Location of Property: North Side Main Road and West Side Elijah's Lane, Mattituck, NY; proposed Lot No. 1 as shown on Map dated October 12, 1988; County Tax Map District 1000, Section 108, Block 4, Lot 10. Present were: Gerard P. Goehringer, Chairman; Charles Grigonis, Jr. and James Dinizio, Jr. Absent were: Serge Doyen of Fishers Island due to poor weather conditions, and Joseph H. Sawicki (out-of-state). Also present were: Linda Kowalski, Board Secretary, and approximately 35 persons in the audience at the beginning of the hearing. The Chairman opened the hearing at 9:04 o'clock p.m. and read the Legal Notice of this hearing for the record. CHAIRM3~N GOEHRINGER: I have a copy of a survey produced by Young & Young, most recent date 10/12/88 indicating basically a subdivision map of three lots, Lot No. 1 of 1.17748 acres; Lot No. 2 of 1.0341 acres; and Lot No. 3 of 1.3528 acres. The nature of this application is approximately -- really Lot No.1, and that is the nature of the Legal Notice that I have just read. And it includes or encompasses an one-story concrete-block building of approximately 79'4" by 119'9". It lies approximately 67.9 feet from Elijah's Lane and 102+- from the Main Road. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Who would like to be heard in behalf of this? KAREN STRETZ, ESQ.: Hi. I'm Karen Stretz from Wickham, Wickham & Bressler for Mr. Baxter. In order to understand what this assembly process entails, I think it would be beneficial at this point to introduce John Giovanelli, who, in the Special Exception application if approved will be the tenant in the Page 2 - Transcript of ZBA Hearing Matter of WILLIAM J. BAXTER, JR. #3801 Regular Meeting of January 12, 1989 MS. STRETZ, continued: building and will be running the business and assembly the classic cars. CHAIRMAN: Great. Thank you. JOHN GIOVANELLI: The assembly of the cars is just basically "kit." Ok. They're complete. It's just done with simple tools. You know, just the basic--any mechanic out of his garage would have. There's no other than necessary lubricants. There would be no hazardous materials at all. And I believe as far as production schedule is concerned, I can only produce since there will be only one employee, one per month. So, the parking area concerns, you know, would be nonexistent. There is -- the total production area would only amount to say a 500 sq. ft. That leaves me with plenty other space in the building, so. CHAIPaWL~N: Ail the storage would be inside? MR. GIOVANELLI: Yes. CHAIRMAN: How valuable are these cars? MR. GIOVANELLI: They're approximately anywhere from $28,000 to $35,000 apiece. CHAIRMAN: Now let's assume that you had developed a large inventory of them. Say twelve cars. They would all be stored inside the building until you sell them? MR. GIOVANELLI: Well, that wouldn't happen because of the fact that it's only one per month and I don't plan on -- the nature of the business is work that's being farmed out to me, so it wouldn't be any necessary for storing. They're actually sold before I produce them. CHAIRMAN: I understand. So it's all work in the process. Is there anything else you would like to tell the Board concerning this operation? MR. GIOVANELLt: No. That pretty much covers it all. CHAIPaWL~N: To what degree is the automobile complete before it comes to you? Is the body on it, or is it-- MR. GIOVANELLI: Yes. It's completely built and ready to run. The engines themselves I'm actually buying them. They've already been tested and everything else. They're just--It's just being assembled. That's it. Page 3 - Transcript of ZBA Hearing Matter of WILLIAM J. BAXTER, JR. #3801 Regular Meeting - January 12, 1989 CHAIRMAN: So you're basically placing the engine in the vehicle? MR. GIOVANELLI: Right. And then the only thing--it would be lowered on the back of the truck and then the owner would be responsible for filling up the tank of gas and actually driving the vehicle. CHAIRMAN: I see. Ok. I thank you very much. Did you have anything else, Karen. Mr. Baxter, How have you been? Good luck. how do you do? WILLIAM J. BAXTER: I'm fine. We've been operating in that building for over 20 years as a printing and mailing facility and I think this operation from what I gather is less intrusive than what we have been doing and we're set back quite a bit from the road. It seems like a very clean operation, just modest assemblying. There's no painting or anything like that. And it's a fire resistant or proof building with the cement block walls. Concrete composition, ceiling, and I don't think it would create a hazard in any way in connection with this operation. CHAIRMAN: Thank you. Is there anybody else to speak in favor of this application? Anybody like to speak against it? Questions from Board Members? Hearing no further questions, I'll make a motion closing the hearing and reserving decision until later. MEMBER GRIGONIS: Second. CHAIRMAN: Thank you very much for coming in. We hope to have a decision for you very quickly. ~A~INDA KOWAL~KI, BOARD SECRETARY FOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION Application No. Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: I (We), William Baxter, Jr. of 1030 East Putnam Avenue, G~eenwich, ' ('Residence, House No. and Street) Connecticut 06830 (203)637-4559 (Hamlet, State, Zip Code, Telephone Number) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE_~EZZ~- , SECTION /~,c2~0 , SUBSECTION for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): A. Statement of Ownership and Interest. William Baxter, Jr. & Jane Baxter Goeller ~&(are) the owner(s) of property known and referred to as Main Road & EllJah's Lane, Mattituck, New yOrk (House No., Street, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section'Q08 , Block 4 , Lot(~,x) 10 , which is not ~ on a subdivision Map ~ --, x~xx~ ~x~X~x~x~. , The above-described property was acquired by the owner on May 1, 1961 B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to~ property or persons in the neighborhood Xor the following reasons: ~ C. The property which is the subject of this application is zoned'C" Light Industrialand ~ ] iS cQnsis~ent with the use(s) described in the Certificate of Occupancy being furnished herewith. [ ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): [ ] is vacant land. COUNTY OF SUFFOLK) ' ~4__~ STATE OF NE~ YORKi SS.: //4X"~× ~ ., (S'Jqna~ure)' I~ILLIAM BAXTER, JR. Sworn to before me ~this ~f /~Zxl/,4./r~?-.,'-' , 19~5~V BOARD OF ~PEALS, TOWN OF SOUTHOLD In the Matter oT the Petitiga~.of~~ to the Board of Appeals of the Town of Southold NOTICE TO ADJACENT TO: Cornelius L. Maston, Elijah's Lane, Mattituck, NY 1195~OPERTY OWNER Sonja C. Hunter, 30 Perna Lane, Riverside, Ct. 06878, Joseph Neville, Box 952, Mattituck, NY 11952, Town of Southold, Town Hall, Main Road, Southold 11971 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [c±rcle cho±ce] ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribedasfoilows: N/W corner of Hain Road $ Eliiah~s Lane, bounded N/Maston, Hunter~ N/and W/Town of Southold, W/Nevi lie ~ That the prope;'ty, which is the subject of such Petition is located in the following zoning district: "C" L ght ndus[rlal 4. That by such Petition, the undersigned will request the following relief: Spec | al Exception to Light Industrial, zone to permit the manufacture and assembly of classic cars $. That the provi~ the Southold Town Zoning Code aEpligabl¢ to the relief sought by the under- signed are Article ~ Sectio'p. /~,~ ~"~ /_.~ // [ ] Section 280-A, New York Town Law for appr0va] of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road. Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 76'5-1809. 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. Petitioner, WI L[~ IA AXq'ER, JR. Owners NamesU-William Baxter~ d_r. g Jane Baxter Post Office Address Goel ler 1020 £aRt Putnam Avenue Greenwich, Connecticut 06830 Tel. No. (203) 637-4559 [Copy of sketch or plan showing proposal purposes.] to be at~LIr~c'c~onvenience NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS p 709 928'~=t~9~ RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVER~.GO PROVIGED NOT FOR INTERNATIONAL MAIL (See Reverse) sentt°Joseph Nevi 1 le i and NO. State and ZiP Code Matt ituck, NY 11952 Speoal Delivery Fee Restricted Delivery Fee t showing to whom and Date Delivered Receipt showing to whom, Dale, and Address of DeEvery TOTAL.P0s{~ge and Fees Postmark o¢ Oa~e .9o 892 P 709 9~7 IFIED MAI RECEIPT FOR CERTIFIED MAIL PROVIDED NO INSURANCE COVERAGE PROVIDED L MAIL NOT FOR INTERNATIONAL MAIL ,) (See Reverse) Ston 'ork 1 .9c Sentt°SoIlja C. Hunter Street and No :~0 Perna Lane P o, State and ZIP Code Riverside, Ct. 06878 Postage $ .2 ~ Cedified Fee .8~ Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Detivered .90 Return Recel howing to whom, TO~t' 'F ~j. i F(°"~tark °r '~O ) i 3 laAIL 1197 .85 .90 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.; , being duly sworn, deposes and says that on the /,/~'/'7 day of Z ~,~..-v~/~/' ,19 ~j;~_~, deponent mailed a true copy of the Notice set forth on the re- verse ~i~e he'eof, directed to each of th~'above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the currqn, t as~Issg~ent rail of ~q Town certifle (re~i'stered) m~i(. / Sworn to before me this /d~TZ'6 · ' NotaryLa.= ~l~blic J/ of Southold; that said Notices were mailed at the United States Post Of- ; that said Notices were mailed to each of said persons by (This side does not have to be completed on form transmitted to adjoining property owners.) JAMES A. SCHONDEBARE TOWN A~rORNEY ROBERT H. BERNTSSON ASSISTANT TOWN ATTORNEY RECEIVED lOV 4 1988 Southold l'ow~ OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1939 To: From: Date: Ref: Judith T. Terry, Town Clerk Robert H. Berntsson, Assistant Town Attorney November 4, 1988 Letter of William J. Baxter I have reviewed Mr. Baxter's letter of November 2, 1988. The subject property is located in the "C" Light Industrial District. Mr. Baxter indicates he has a tenant which proposes to assemble kit cars at the site. Pursuant to Section 100-80. B(1), industrial uses, including manufacturing, assemblying, etc. are permitted by Special Exception by the Board of Appeals and are subject to site plan approval. Thus, the assembly of kit cars appears to be a permitted use by Special Exception of the Board of Appeals and subject .to site plan approval by the Planning Board. (203) 637-4559 .~ A WORLD ECONOMIC SERVICE SERVING INVESTORS SINCE 1924 RECEI November 2, 1988 Town of Southold Town Clerk's Office Southold, NY 11971 Gentlemen: I own the building on the corner of Elijah Lane and Main Road in Mattituck, Section 108, Block 4, Lots 9, 10 and 11. I have conducted a printing and mailing Dusiness on the premises since 1961. I have recently leased one-half of the building to a party that plans to assemble kit cars. These are fiber glass components. There is no painting. This is to advise you of a change of business at that address. It is my understanding that the new business is in compliance with current usage. Should there be some reason unbeknownst to me why this should not meet code, please advise me immediately as my tenants would like to commence business as soon as possible. Very truly yours, WJB:rs REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 November 4, 1988 William J. Baxter 1030 E. Putnam Avenue Greenwich, Connecticut 06830 Dear Mr. Baxter: In response to your letter dated November 2, 1988, I transmitted same to our Town Attorney, for an opinion. Enclosed herewith is the opinion of Assistant Town Attorney Robert H. Berntsson with respect to the use of your building on the corner of Elijah Lane and Main Road, Mattituck. Very truly yours, Southold Town Clerk Enclosure CC: Planning Board Building Department Board of Appeals,/,~ PROJECT I.D. NUMBER 617.21e Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) SEQR 1. APPLICANT/SPONSOR 2. PROJECT NAME Will Jam Baxter, Jr. Special Exception - Baxter 3. PROJECT LOCATION: M[Inicipailty Matt ituck County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc,. or provide map) N/W corner of Main Road & Elljah's Lane, Mattltuck 5. IS PROPOSED ACTION: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY; Applicant seeks special exception to "C" Light Industrial zone to permit the manufactur( and assembly of classic cars. 7. AMOUNT OF LAND AFFECTED: Initially , 2.2~ acres Ultimately 2 · 25 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~ Yes [] NO If NO, describe briefly Yes, but requi?es special exception 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ~ [] Residential [] Industrial ![] Commercial [] Agriculture [] Park/ForesUOpen space [] Other Describe; Property in vicln'ity is zoned "A" Residential/Agricultural 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. STATE OR LOCAL)? [] Yes [] No If yes, list agency(s) and permit/approvals Southold Toan Planning Board - Site Plan Approval 11. DOES ANY ASPECT OF THE ACTION RAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If yes, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQU,RE MODIPICATION? [] Yes [] NO I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Apglicant/spons nam: ~1 LLIAH B, AXTEF~"~ J R. Date: q_ I If the action is in the Coastal Area. and you are a state agency, complete the I Coastal Assessment Form before proceeding with this assessment I OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by th~s board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) ~nvironmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? ~es X NO 2. Will there be a major change to any unique or unusual land form on the site? Yes X No 3. Will project alter or have a large effect on an existing body of water? ~Yes X No 4. Will project have a potentially large, impact on groundwater quality? Yes X No 5. Will project significantly effect drainage flow on adjacent sites? · Yes X No 6. Will project affect any threatened or endangered plant or animal species? Yes X No 7. Will project result in a major adverse effect on air quality? Yes X No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes X No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical envircnmental area by a local agency? .. Yes X__._No 10. Will project have a major effect on existing or future recreational opportunities? . Yes X No 11. Will project result in major traffic problems or cause a major effect to existing transportation · systems? .~_Yes X No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? ~Yes X No 13. Will project have any impact on public health or safety? ~Yes X No 14. Will project affect the existing come, unity by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes X NO period or have a major negative effect on the charact~ of the community or neighborhood? 15. Is there pubAic controvDrsy concerni~he ZBA 9/75 ' Date: QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED YOUR APPLICATION FO,~4S TO TIIE GOARD 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- rich. 1. Are there any proposals to change or alter land contours? 2.a)Are there any areas which ~onc~in wetland grasses? (Attached is a list of the Wetland grasses defined by Town Code, Ch. 97 for your reference.) b)Are there any areas open to a waterway without bulkhead? 3. Are there existing structures at or below ground level, such as patios, foundations, etc? ~oundat|on to e×ist~n§ bu~ ld~n§ 4. Are there any existing or proposed fences, c~ncrete barriers, decks, etc? If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. N/A Yes Yes ~ Yes Yes ~ Yes No e e If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ' ft. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit # and Nature: Yes ~ Do state whether or not applications are..pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board, Site Plan Approval Town Board Town Trustees County Health Department Village of Greenpor% N.Y.S.D.E.C. Other Yes Yes Yes Yes Yes Yes No 10. 11. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from cQntract) Is new construction proposed in the area of contours at 5 feet or less as exists? N/A Yes Yes 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made app%ication to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? N/A Yes No 13. Please list present use or operations conducted upon the subject property at this time vacant bul]ding and proposed Manufacture G Assembly of classic cars Please submit photographs ~or ti~e record· I certify that the above statements are true and are being submitted for r~lian;c~ /b~ ,t~ ~oa~ of Appeals in considering my application. Signature ~P~opdrty Owner) (Authorized Agent) 1/88 WETLANDs [Amended H-2C,-7t; by L.L. No. 2-1976: 85 by L.L. No. 6-19851: A. TIDAL WETLANDS: (1) All lands generally cove,'ed or iutermittently cov- ered w/th. or whict~ bord~r on. ti(Iai waters, or lands lying beneath tidal waters, which at mean Io~v title . are covered by tidal waters to a maximum depth of five (5) feet. including but not limited to banks. bogs. salt marsh. Swamps. meadows, flats or other Iow lying lands subject to tidal action: (2) All banks, bogs. moadmvs, flats and tidal marsh subject to such tides and upon whicil grows or may grow some or any of the following: salt hay. black grass, saltwort& sea lavender, tall cordgrass, high bush. cattails, groundsel, marshmallow and low march cordgrass; ami/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A~2) and lying within seven- ty-five (75) feet lamtward of the most landward edge of such a tidal wetland. FRESItWATER WETLANI)S: (1) "Freshwater wetlands" as defined in Article 2,1, Ti- tle l, § 24-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a"freshwater wet- !and," as defined in Subsection B(1) ami lying w/th- an seventy, five (75) feet land,yard of the most land. ward edge of a "fl esh~ater wet aud." 9705 NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY THIS CERTIFIES that the building located at ..,bl~-{.t%.,~rl.~..E,~[~l~?.-~..,~L ............... Street Map No.....~1~.. ............ Block No .......... ~ ...... Lot No...3~1~ ......... ~r-,a-t,t;~..tl~.le,.....~t.~e ............. conforms substantially to the Application for Building Permit heretofore filed in this office dated .......................................... ~.e1~.....9 ....... , 19.6~... pursuant to which Building Permit No. ~..~. doted .............................. ~.eb.....~. ......... , 19..~..., was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ........ ........... Bus.t.ne ss~..building...... ......................................................................................................... The certificate is issued to ..... WmoP~cter...Jr...&...Other.a ................... ~e,~s. ........................... (owner, lessee or tenant) of the aforesaid building. FOB~ I~0~ 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY No...Z....1..I...0..4. ........ Date ............................. A~ .!~....a..t.....1..~........, 19...6...1. ~att/.tuck TI-HS CEBTiFIJ<S that the building located at F.J.;J. JJ~h.~.~...Y~&, .~. ~,~;,....~.~.~ ...... Street Map No ..... .?.?.~. ............ Block No ............ ~..*..?......Lot No. ~ confo~ws substantially to the Application for Building Permit heretofore filed in this office dated ............ ~y.....2..~ ....................... 19....~..1_ pursuant to which Building Permit No ....... Z....~..4~.7 dated .......... ][~..~....2..~ ........................ 19..6...1..., wa.~ issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is BUB~I~S~ BU]~DXN/~ This certificate is issued to w:~lliam ,~. Baxtel:, ,~z',, & ,~ane P. Gollel:, ownel:~ (owner, lessee or tenant) of the aforesaid building. .j Jr. J.y. ~ of the f~ ~ a~d WILLIAM J. BAX".'~.~, residing at ~ F~F,A~$, N~ ~b~l and JA~E P. GOF~E~R, Birch Lane, Greenwich, Conn. Recorded on May 2, 1961 in Liber 4980 at page 507 party of the second part, . .WT~. $~, that the party of the ~ part, in consideration of Ten Dollars and other valuable co~- _a?_e~on .p~.d b,y ~e party of the sec?d ~art, d.oe? hereby .g~ant and release unto the pma*y ~ the · econo par~, me nears or ancce~aors ano assigns o~ the party of the second part louver, AIA. that certain plo~, piece or ~ of land, w~th.the, bu~. clings ~ impr~v~nenta thereon erected. *Atuate, lying and being ~n the P. amlet of Matticuc~, sn the 'z'own o~ ~outhold~ County o! S~ffolk and State ~f New YorK, ~oumded end ~escribed as foll~wst BEGIN~iNG at a monument set i~ the ground at the intersection of the northerly line of Main State ~o~d, with the westerl~ line of EliJah's Lane; running 'T~EECE along t~e said northerly line of Main State Road north 54 degrees 45 ~i~utem 40 seconds west 395.38 feet to a monument set in the ground at am angle in ~aig line of Main State Road; ~CE still along ssi8 northm~ly line ~f Main State Road north §5 degrees 36 minutae 30 ee"mds west 31.49 feet to the easterly line of land of John j. McMa~us! THE~O~ alone land of ~td '.~m V. McManus, north 17 9egr*es 07 m~nu:.es GO seco~s west ldl.f9 feet ~o the southerly line of l~-d of Martin THE~E alon~ said southerly line of land of Martin Fills north T7 de,tees 06 minutes GO seconds east 357.46 feet to a monument set in the ~round on tae westerly line of Elijah's L~ne; and Along the westerly line of klijah's Lane south 25 de~rees 09 minutes 10 seconds east 320.50 feet to the ~oint or place of beginning. _ ..~ _ . t premt?es, nave ~een encumoereo tn any way wnatever, except as A.N.p ,the party of. the &.rst par~ m c.omp .'.l~nce wi.,t~. Section 13 of the Lieu Law, co .ven.~. ts that the party ot m.e. nrst part wiH recesve the eunstde?.tion for this conveyance and will hold the right to receive-such consta.e, ration as a tru~t fund to be applied first for the purpose .o! paying the cost o~ the improvement .a,nd..w~l, al~.i~,y tbs ? first t~.. the payment ~ the co~t of the improvement be. tm using any p~t me zoza~ oz me same zor any omer ~ The.word "pa,-x'~ shall be conatru'ed ~ it it read 'parties" whenever the ~ense of ~ in~i. I.~ wl~.ls$ WHnlO~. the party of the f~t p~t ha~ du~y executed this deed the ~ ~[~ns-~Nt '-. ~IENT SHOULD BI USED BY LAWYERS ONLY. CONSULT YOUR L&WyIrB( E SIGNING YHES INSTRUMENT ~ THIS T~S ~E~ made the ~O~h day of 0 c ~ ob 9 :~ ~neteen hundred and s~ty-n~ne, BE'i'w/~EN Suffolk County, New York, party of the first part. and WILLIAM J. MARTIN FILLA, residing at Mattituck, Town of Southold, BAXTER, JR. and PATRICIA BAXTER, his wife, as tenants by the entirety, holding a one-half undivided interest, both residing at Nassau Point Road, Cu.tchogue, New York, and ROBERT A. GOELLER~'nd JANE P. GOELLER, his wife, as tenants by the entirety, holding a one-half undivided interest, both re- siding at Naywaters Road, Nassau Point, Suffolk County, New York, party of tile second part, WITNESSET['I. that the party of the first part. itl consideration of Ten and 00/100 . · ·. ($10.00) . donars, other lawful money of the United States, and/good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or snccessors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being ~ at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument on the westerly line of Elijah's Lane distant 320.50 feet northerly from a monument at the intersection of the westerly line of Elijah's Lane and the northerly line of Main Road; THENCE from said point of beginning the following seven (7) courses and distances: 1. South 770 06' 00' West 417.46 feet along lands of William J. Baxter, Jr., et ano., and McManus to a monument; 2. South 20° 44' 00" East 164.41 feet along said lands of McManus to a monument situate on,he northerly line of Main Road; 3. North 85° 30' 40" West 69.74 feet along the northerly line of Main Road to lands now or formerly of Joseph Neville; 4. North 23° 08' 10" West along said last mentioned lands 161.95 feet to a po~t and lands now or formerly of Anjef Associates, Inc.; 5. North 23° 52' 10" West along said last mentioned land 101.47 feet to the northwest corner of the premises herein described; 6. North 70° 30' 50" East 475;60 feet along lands of Anjef Associates, Inc., and Maston to a pipe situate on the west- erly line of Elijah's Lane at the northeast corner of the premises herein described; 7. Thence South 25° 09' 10" East along said westerly line of Elijah's Lane 175.50 feet to the monument at the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises and more conveyed to Martin Filla by deed from Ralph W. Tuthill and Laura F. Tuthill his wife, dated September 7, 1954, and recorded September 8, 1954, in the Office of the Clerk of the County of Suff~l% in Liber 3754 cp 249. 5:37 'rO(;E',I'H~,:~ with all rights, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGE'I'I:I~I~. with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AI~D the party of the first part covenants that the party o£ the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. ~ the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyauce and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improventent before using any part of the total of the same for ahy other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. ~ WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. ( Martin Filla STATE OF NEW YORK, COUNTY OF SIJi~OLIr, s~ STATE OF NEW YORK, COUNTY OF On' the 10th day of OCt o b'e r 19 69 ,betore me personally came MARTIN FILIA to me known to be the individual described in and who executed the tore[~ i.sm~.~nt, and~ar pubic m '"5 County STATE OF NEW YORK, COUNTY OF On the day o! 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order ot the board of directors of s~id corpora- don, and that he signed h n,me thereto by like order. · argai, ani ale Beei With Covenant Against Grantor's Acts Title No. ~'J~ ? t~ 0 MARTIN FILLA TO WILLIAM J. BAXTER, JR. and ux, ROBERT A. GOELL~ and ux INTER.COUNTY TITLE GUARANTY and MORTGAGE COMPANY J~ IN NEW ¥O~K CHARTERED 1927 and On the day d 19 , before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows ; to be the individual described in and who executed the foregoing instrument: that he, said subscribing xvitness, was present and saw execute the same: and that he, said wimess, at the same time subscribed h name as wimess themo. SECA'ION BLOCK LO? COUN"TY OR TOWN William Wickham, Esq. Main Road Mattituck, N. Y. 11952 c 2-03 tESTER M. ALE, ER~,~ON 11~ ~.~r~ amde ~ $~ day o! November , -inetnen hundred and seventy Ba~ JOS~ D~.TON Pwr~J.IPS, Admtnfstratrix c.t.a., d.b.n., of the goods, chattels and credits of John J. EcManus, deceased, residing at q718 Lincoln Avenue, Northampton, Pennsylvania, party of the first part. and W'rT,T,TAM J. RAY~, JR., residing at ~l Hob.f. gan Road, Larcbmont, New York, party of the second part, ~l:ll~[..q~:'rH, that the party of the first part, in consideration of and O0/lO0 ~lawful money of the United States, One Thousand Nine H~udred ($~, 900.O0) ..... ~,~rs, p~d ¥ by the party of the second ~rt, dnes hereby grant and release unto the party of the second ~, the heirs or suc~smrs and assi~s of the pa~y of the s~ond part ~rever, ~ t~t ce~ain plot, pi~e or panel of land, with the buildings and improvements tMreon er~ted, sit~te, lying and ~i~J~l~[ at ~latti'lYo. ck~ ::i.D. the Town of Southold, O0'R.~3.'~r of Suffolk and State of New York, bounded and described as foll~s: ~G~G at a concrete mon~ent, set ~ the greed on the No,hotly l~e of the ~ or State Road, said mon~ent befng located ~26.87 feets Westerly from the Westerly l~e of ~i~'s ~e, as the same ~tersect~ the said No~he~y side or l~e of ~n or 8ta~e Road; ~n~t~g thence along the No~herly l~e of said ~ or 8tate Road, No~h 85~ 36' 30" West 60.0 feets to a concrete mon~ent set ~ the greed ~d berg the Easterly l~e of l~d fo~erly o~ed by Olaren~e ~t~ll ~d~lph~t~ll$ ~f~ thence No~herly~d along s~d ~ l~d fo~er~ of 01arence ~t~ll ~d ~lph ~th~ll Nor~ 20° ~' 00" West ~.~ feet to a Concrete mon~ent set ~ the g~d$ ~ntng thence Easterly ~d still alo~ l~d fo~e~y of Olarence ~t~ll ~d ~lph ~t~ll No~h 77e 06' 00" Eas$ 60 feet to a concrete monm- merit set ~ the gr~d ~d l~d n~ or fo~e~ly of Willism L. 8t~ck- 1~ ~nfng thence Southerly ~d alo~ the Westerly l~e of l~d now or fo~e~y of said Willi~ L. Stric~d South ~9e 07' 00" East ~8~.79 feet to a concrete mon~ent set ~ the gr~d, s~d po~t berg the No,beVy l~e of said ~ or Stage Read, ~he pe~g er place of beg~fng. ~his ~eed is ma~e pursuant to an Or,er of the Burrogate of ~ueens Oounty ~ate~ October ~, ~970. T~ with all~S~t, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOC~IHER with th~ ~purtenauces and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the h~ira or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anythin~ whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 1,1 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the Same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indeniure so requires. IN ~ WHF,,,[~.OI:', the party of the first part has duly executed this deed the day and year first above written. ~osel~h.~e Dillon Phlllt/ps JOI~ DTT,T,ON PHTT,T.I~PI5 to me known to be the individual described in and who executed the foregoing instrument, and ~c~wledged that 19 , before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged tl~t state 5f P---=ylv~.i~, } Count~ of Northmpton, ~..'~. ',~.:~.' ,~-' moa Ple~, in and for said County, do hereby certi~, that saki Court m~ R~m~l- That ............................................... --'~" whoee ~,,~ Is subecrlbed to the cert~ie or proof oi ',, ~ro~ t~ ~ ~~~ ........................ '' " Janu~ ~ ~2 . tN TESTIMONY WHEREOF, I have hel~unto set_my hand and affixed the seal of _~!4 office at F, aston, this ._~tk. %VITN COVENANT AGAINST ~RANTOR'S ACTS No. 7 JOBEPWTNE DTT,T~)N i~rTT,T,IPS SECTION BLOCK LOT COUNTY OR TOWN of Southold .I ! TO %~rLY,TAM J. RAY'Tq~fI~, JR. Recorded At Request ol The Title Guarantee Comps! RI~TU~ BY MAIL TO: FHE TITLE GUARA.NTEE COMP, tNT William Wickham, Esq. Matn Road Hattituck, New York ZipN~1952 AIN~OO NOS.r' N ~31S31 @ OEC 2 1970 t TYPICAL SEWAGE DISPOSAL SYSTEM FINISHED GRADE gROUND WATER TYPICAL WELL DETAI~L pROpERTY LINE ROAD TYPICAL PLOT PLAN N.SS°; N.8§: ~EDGE OF PAVEMENT' ROAD 25 ~-OCATiON MAP SCALE; I"= 60d MAP OF ALTERATION OF BOUNDARY LINES PREPARED FOR WILLIAM d. BAXTER, dR. 8, ET AL AT MATTITUCK THE WATER SUPPLY B SEWAGE DISPOSAL FACILITIES FOR ALL LOTS IN THIS DEVELOPMENT SHALL COMPLY WITH THE STANDARDS AND REQUIREMENTS OF THE SUFFOLK COUNTY DEPARTMENT OF HEALTH AT THE TIME OF CONSTRUCTION, HOWARD W. YOUN~~, N.Y.S.L.S. LIC. NO. 4§SSS "IHERESY CERTIFY THAT THIS MAP WAS MADE BY ACTUAL SURVEYS COMPLETED SEPT. 1.1988 AND THAT ALL CONCRETE MONUMENTS SHOWN THUS: · ACTUALLY EXIST AND THEIR POSITIONS ARE CORRECTLY SHOWN AND ALL DIMENSIONAL AND GEODETIC DETAILS ARE CORRECT. THiS IS TO CERTIFY THAT THIS SUBDIVISION PLAN HAS BEEN APPROVED BY THE PLANNING BOARD OF THE TOWN OF SOUTHOLD BY RESOLUTION OF APPROVAL DATED BY_ DATE Tt~E LOT LINES OF SUBDIVISION MAPS AS FILED, CANNOT BE ALTERED WITHOUT PERMrSSlON FROM THE PLANNING SOARD~ AND LOTS MUST BE SOLD AS SHOWN ON THE SUBDIVISION MAP NOTE: I.SUFFOLK COUNTY TAX MAP DIST I000 SECT. lO8 BL.4 LOTS 9,10~11 ~..TOPOBRAPHY ~HOWN HEREON IS FROM "TOPOGRAPHIC MAP - 5 EASTERN TOWNS" PREPARED FOR THE SUFFOLK COUNTY DEPT, OF PUBLIC WORKS. S.TOTAL AREA = 4.1617 AC, 4 ZONING USE DISTRICT~ ~C~ LIGHT INDUSTRIAL OWNER: WILLIAM J, BAXTER~dR ~ ET AL C/O WICKHAM, WICKHAM 8~ BRESSLER MAiN RD.~ P,O. BOX 1624 MATTITMCK~ N,Y. 11952 TOWN OF SUFFOLK SOUTHOLD COUNTY , N.Y. YOUNG & YOUNW 400 OSTRANDER AVENUE, RIVERHEAD, N,Y, ALDEN W. YOUNG, N,Y.S, P.E. S L.S. LIC. NO, 12845 HOWARD W, YOUNG, N,Y,S, L,S. LIC. NO. ,~'5893 THOMAS C. WOLPERT~ N,Y.S, P,E. LIC. NO, 6]48S