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HomeMy WebLinkAbout308662500 Main Rd., Souhhold ~ 3/23~7~ ~ ~/~/~ D-construct add. w/insuff, frontyard setback and to use proposed add6%tion for retail sales in this "CTL__ight Industrial" Zone. (i~_~ I%I~3~L~T~) PILED: 10/9/8~ ~ ' ?~'~'~'~'~'~{3~ ~':~ Southold Town Board of Appeals · MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y, 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3086 Application ~ated February 10, 1983 TO: Mr. George A. Cottrat Port of Egypt Enterprises, Inc. Main Road Southold, NY 11971 (Public Hearing held 3/23/83) [Appellant.(s)] At a Meeting of the Zoning Board of Appeals held on May 19, 1983 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ I Request for Special Exception under the Zoning Ordinance Article , Section Request for Variance to the Zoning Ordinance Article VIII , Section t00-80A [ ] Request for The public hearing on this application was held on March 23, 1983. Upon application for PORT OF EGYPT ENTERPRISES, INC., 62500 Main Road, Sou~hold, NY (by George A. Cottral) for a Variance to the Zoning Ordinance, Article VIII, Section 100-80A for permission to construct addition with an insufficient frontyard setback and to use proposed addition for retail sales in this "C-Light Industrial" Zone. Location of Property: .6250.0 Main Road, Southold, NY; County Tax Map Parcel ID No. 1000-056-06-006. The board made the following findings and determination: This is an appeal for a use variance on premises located on the south side of Rou~e 25 in the Hamlet of Arshamomaque located in the "C-Light Industrial" District. The premises is shown on the Suffolk County Tax Map as District 1000, Section 056, Block 06, Lot 006, and comprises approximately 4.2 acres, a portion of which consists of a dredged boat basin. It is proposed to add a 40' by 30' addition to an existing structure on the premises, which existing structure and the proposed addition thereto, is set back 20 feet fr~m New York Route 25 and/or Old Main Road. A portion of the structure is presently used and occupied as a gift shop. The appellant proposes 5o use a portion of such structure and the proposed addition for a retail fish market. The gift shop has a sales area of 276 square feet together with a storage area of 556 square feet. The proposed fish market will have a sales area of 400. square feet and a storage area of 800 square feet. Retail sales uses are not permitted uses in ~he "C" Industrial Zone. Th~ entire premises presently has the following uses thereon: A dredged boat basin; a marina; a large ~etal building used and occupied for boat storage purposes as well as boat and marine ~ales; a large restaurant; a fishing equipment sales facility and the above- mentioned gift shop. It must be stated that no variance has been granted for the gift shop use. It also should be noted that the proposed extension of the structure to house the fish market will eliminate several parking spaces. (CONTINUED ON PAGE TWO) DATED: May 25, 1983. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING ~OARD Page 2 Appeal No. 3086 Matter of PORT OF EGYPT ENTERPRISES, Decision Rendered May 19, 1983 INC. Since this is a use variance, before this board may gran~ the same, it must be demonstrated that: (1) the land in question cannot yield a reasonable return if used only for the purpose of the zone in which it is located; (2) that the plight of the owner is due to unique circumstances and not to the general conditions of the nelqbbor- hood which may reflect the unreasonableness of the zoning ordinance itself; a~d (3) that the use to be authorized to be used for the variance will not alter the essential character of the neighborhood. In order for the appellant to sustain his burden to prove the lack of reasonable return, he must demonstrate this lack of reasonable return by dollars and cents proof. No such proof has been presented in this case and, accordingly, the board mush deny the use variance applied for. Now, therefore, on motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that Appeal No. 3086, application for PORT OF EGYPT ENTERPRISES, INC. for permission to conduct retail sales in this "C-Light Industrial" Zone, BE AND HEREBY IS DENIED. Vote of the Board: Ayes: Messrs. Goehringer, Douglass and Sawicki. Members Doyen and Grigonis were absent. This resolution was unanimously adopted. RECEIVED AND FILED BY T~LE SOLr~IIOLD TOWN DATE~Y/~J~f~ / ~ HOUR' }} '~.~? ]. ~o,~ ~ ....... T o~,.~ of So~otd Southold Town Board of'Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N,Y. 11c:J'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI NOTICE IS HEREBY GIVEN, pursuant to Section 27~ of-the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals on WEDNESDAY, MARCH 23, 1983 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of JAMES AND DORIS IDLER, 27 Anoatok Drive, Huntington, NY 11743 for a Variance to the Flood Plain Management Law, Chapter 46, Section 46-7 for permission to utilize area below the eight-foot minimum-required elevation for placement of electrical utilities and equipment in this A-7 Flood Zone. Location of Property: 1010 Maple Lane, East Marion, NY; Cleaves Point Filed Map 4650, Subd. Lot 60; County Tax Map Parcel ID No. 1000-035-05-027. 7:35 p.m. Application of JOHN AND LINDA KOWALSKI, 404 Atlantic Avenue, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for a Certificate of-Occupancy of Lot No. 3 6f Minor Subdivision of Christine King, Map No. 117, with an adjustment of lot line between Lots 3 and 4, leaving insufficient road frontage for Lot No. 3 and leaving ~n insufficient sideyard setback from the existing dwelling on Lot No. 4. Each parcel contains an area exceeding one acre. Location of Property: West side of Ole Jule Lane, Mattituck, NY; County Tax Map Parcel ID No. 1000-114-12-013.3 and 013.4. 7:40 p.m. Application of JOHN AND FRANCES DiVELLO, Drawer 1402, Westphalia Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article VIII, Section 100-80A fo~ permission to construct one-family dwelling in this "C-Light Industrial" Zone. Location of Property: 605 Mary's Road (a/k/a 305 Hill Street), Mattituck, NY; County Tax Map Parcel ID No. 1000-140-02-032. 7:45 p.m. Application of ANN WYDEN and PEGGY HELLER, One Harris Court, Great Neck, NY 11021 for a Variance to the Zoning ordinance, Article III, Section 100-31 for permission to construct screen-porch addition with a reduced rearyard setback at 2015 Bay Avenue, East Marion, NY; County Tax Map Parcel ID No. 1000~31-17i002. Page 2 Board of Zoning Appeals Legal NOtice of Hearings Meeting to be Held 3/23/83 7:50 p.m. Application of CHESTER M. MAYER, 2265 King Street, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-35A for permission to erect fence exceeding the maximum height requirement of four feet within the frontyard area at 2265 King Street, Orient, NY; County Tax Map Parcel ID No. 1000-026-02- 043.2. 7:55 p.m. Application of ERNEST H. PRUSSNER, 910 Old Shipyard Lane, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct extension reducing the rearyard setback and exceeding the 20% maxi- mum allowable lot coverage at 910 Old Shipyard Lane, Southold, NY; Founders Estates Map 834, Subd. Lot 91; County Tax Map Parcel ID No. 1000-064-04-0022. 8:00 p.m. Application of NORTH FORK BAPTIST CHURCH, C.R. 48, Mattituck, NY (by Gerry L. Horton) for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of lot having insufficient area and frontage along Westphalia Road. Location of Entire Premises: C.R. 48 and Westphalia Road, Mattituck, NY; County Tax Map Parcel ID No. 1000-121-02-021.1. 8:05 p.m. Application for GEORGE AND SYBIL PENNY, By Skinny Dip Pools Inc., Box 108, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct swimmingpool and fence in the front and side yard areas at 9305 Soundview Avenue, Southold, NY; County Tax Map Parcel ID No. 1000- 59-6-21. 8:10 p.m. Application of FRANK AND BRENDA CICHANOWICZ, Lupin Drive and Skunk Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-32 and 100-35, for permission to construct accessory swimmingpool, detached garage, and fence exceeding the maximum-permitted four feet within the frontyard area at 255 Lupin Drive and 4135 Skunk Lane, Cutchogue, NY; Hickory Acres Map 3325, Subd. Lots 1 and 2; County Tax Map Parcel ID Nos. 1000-97- 9-15 and 16. 8:15 p.m. Rehearing in the matter of ANN O'SULLIVAN, by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance for approval of ~ccess pursuant to New York Town Law, Section 280A. Location of Parcel in Question: 5692 Main B~yview~ Road, Southold, County Tax Map Parcel ID NO. 5 p.m. Application NY; Page 3 - Board of zoning Appeals L~gal Notice of Hearings Meeting to be Held 3/23/83 62500 Main Road, Southold, NY (by George A. Cottral) for a Variance to the Zoning Ordinance, Article VIII, Section 100-80A for permissio~ to construct addition with an insufficient frontyard setback and to use p~oposed addition for retail sales in this'"C-Light Industrl 1 Zone. Location of Property: 62500 Main Road, Southold, NY; County Tax Map Parcel ID No. 1000-056-06-006. Any person wishing to be heard concerning the above matters should appear at the times and place above specified, or he may contact the Secretary at 765-1809 (or 1802). Dated: March 11, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN Instructions to Newspapers: Please publish once, to wit, Thursday, March 17, 1983 and forward affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971 on or before March 22, 1983. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ PLEASE TAKE NOTICE that your application dated ..... .~.~../7.~..~....~...?..., 19 for permit to construct .~.~..~'.'~./7.c'..c~. ~--7c~..~'. .fl...~. ~6'.~'...¥cf.~-....k~..?.?-----]( ./..~..-~.../.~.,~:. '... at Location of Property .o..~..~:'..,~..Q..C) ................... _ ........................... : . .: . County Tax Map No. 1000 Section ....O.. ~-~6'7. ..... Block ....O..'~.' ....... Lot . .O..O..~. ....... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds ~ .,~.,~'a t'3. C*.. z(.~. A4 ~t~..~.~.~ Building Inspector ' RECEIVED TOWN OF SOUTHOLD, NEW YORK PP ROM DECISION OF BUILDING INSPECTOR Town CJerl~ ~outh'old TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. DATE Name of Appella,nt Street and Number .... "~'~'~"~"~' ........................................... .~..:,.~..; ................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...~'.~J,~....,.../..,~./..,4.......~.. ................ WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of I ~.?f......5~..b.i, ~ 8~ ~~o~T Street and Number ~'~nici~;iJ~ .................... ~;[; ....... I .............. (~) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ~. LOC,T~O~ OF THE PaO~ERWY ~ ~ ~.~. ........... ~.~..~q.....G. ..................... Street Use District on Zoning Mop .~ .................................. ~.~ ....................... M~p No, Lot No. 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.) 3. TYPE OF APPEAL Appeal is made herewith for (~) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 PREVIOUS APPEAL A previous appeal (hos)~.~,,)) 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 ................................. Doted ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that /~K'7",~.'~..~.~ /_~ /d~'~ ~) ~dK~Tb~ ~)5~ Form ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2. The hardship created is UNIQUE and is not shared by ali properties alike in the immediate vicinity of this property and in this use district because 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~,u -Ch~ Imm~r~,'~n"~ v,'~,',v,'-Yy ~?-76,'~ ?gop~i~?~ -~.h~ STATEOF NEWYORK ) COUNTY OF-r'~ ss Sworn to this ...... ../...~. ...................... day of, :..~-~ ............ Notary Pub c//// ~/- TO ,,fiNI OWNF~P~ ' STREET FORMER OWN N S OF SO TI'IOLID SUB, ACR. ~G LOT RES. SFAS. VL. FARM LAND IMP. TOTAL DATE REMARKS Mkt. Value AGE NEW NORMAL BUll_DING CONDITION BELOW ABOVE FARM Acre Value Per Acre Value Tillable : FRONTAGE ON WATER Woodland ! FRONTAGE ON ROAD Meodowlar~d t Total ! I DOC K FORMER OWN S RES, LAND VE. IMP. TOTAL / E W. DIS~FRJCT SUB, ACREAGE [ LOT DATE REMARKS I CB, I MISC, Mkt. Value AGE NEW NOP,~L Form Acre Tillable Tillable THlab e 3 Woodland Swampland Brushland House Plot 'lot{al BUILDING CONDITION BELOW Value Per Acre ABOVE FRONTAGEONWATER Value FRONTAGE ON ROAD BUt. KHFAD DOCK COLOR TRIM Extension ~)y- ~./ Fire Place Roof tion Room Bath Flaors Interior Finish Heat Rooms ist Floor Rooms 2nd Floor OWNER STREET VJ LLAGE N E S W TOTAL ,AC~. CODE SUB, LOT DATE OF CONSTRUCTION Woodland ~teadowi~nd DEPTH House Plot ~otal FRONTAGE ON WATED, FRONTAGE ON ROAD BULKHF. JND OF STREET VILLAGE LOT N S IMP: ~ OTAL ACR, TYPE OF BUILDING W DATE J ~EA~ARKS s'~ ~,.~ - ~ "~ ~ ' ~ ~ ' ~.. ~ Tillable -'- Plot Totol FRONTAGE ON WATER FRONTAGE ON _.__ BULKH~D ~ZILLAGE DISTRIGT £UB. RES. . - SEAS. VL S LAND IMP. TOTAL FARM DATE TYPE OF BUILDING REMARKS NEW Fo rm NORMAL BELOW ABOVE Acre Value Per Acre Value Tillable l Tillobl~ 2 Tillable Woodland Swampland Brushlo.d. House Plot ..... :~,.~_~.~ - Total ~[r¢~ tz~ ~_Z/_~._.._ ~//~ h_~:_ FRONTAGE ON WATER FRONTAGE ON ROAD BULKHEAD DOCK OWNER STRE[T VILLAGE SU~, LO£ FARM W 'TYPE OF BUILDING CB. M~CS. /Mkt. 'Value LAND TOTAL DATE R~RK5 .) FRONTAGE ON WATER FRONTAGE ON ROAD DEPTN DULKHEAD OWNER STRE/F VIL~GE SUB. LOT FORMER OWNER RES. S -L~S. IMP, TiJlabJ~ FARM VL. TOT~L ACR. TYPE OF BUILDING ~odowland DEPTH Hou~ Plot BULKHEAD Total FL'0NTAGE ON WATER FRONTAGE ON ROAD COMM. CB. MICS. Mkt. Value FORMER oWNER ~: RES, . ' STREET VILLAGE D~$TR~CT LOT- ~' ( ~L/ , ~ ~ g ~ TYPE OF BUiLDiNG SEAS, VL FARM ~.~ ND. CB, ~ MISC. LAND IMP. TOTAl_ DATE REMARKS Tillable I Tillable 2 Tillable 3 Woodland NORMAL Acre ~-~Swarnpland Value DEPARTMENT OF PLANNING (516) 360-5513 LE:E: Ir. KOPPIELMAN June 20, 1983 Town of Southold Board of ApPeals Applicant: 'Mun. File No.: S.C.P.D. File No.: Port of Egypt Enterprises, Inc. 3086 SD-83-8 Gentlemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Appears inappropriate as sufficient i~'Formation has not been submitted to demonstrate compliance with applicable use variance criteria. GGN:Jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner 11788 Southold Town Board of Appeals HAIN ROAD- STATE ROAD 25 SOUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: XX Variance from the Zoning Code, Article VIII , Section 100-80A Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3086 Applicant: PORT OF EGYPT ENTERPRISES, INC. Location of Affected Land: 62500 Main Road, Southold, NY County Tax Map Item No.: 1000~56-06-006. Within 500 feet of: __ Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) Budd's Pond State or County Road, Parkway, Highway, Thruway __ Boundary of Existing or Proposed County, Owned Land Boundary of Existing or Proposed County, 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 Estab- lished Channel Lines, Within One Mile of a Nuclear Power Plant __Within One Mile of An Airport. State or Federally- State or Federal Park or COMMENTS: Applicant ~~ permission to construct addition with an insufficient frontyard setback and to use proposed addition for retail sales in this "C-Light Industrial" Zone. Copies of Town review. Dated: June file and related documents enclosed herewith for your , 1983 Secretary, Board of Appeals Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWiCKI May 26, 1983 Mr. George A. Cottral Port of Egypt Enterprises, Inc. Main Road Southold, NY 11971 Re: Appeal No. 3086 - Port of Egypt Enterprises, Inc. Dear Mr. Cottral: For your records, please find enclosed the recent decision of the board in the above matter which was filed this date with the office of the Town Clerk. Yours very truly, Enclosure cc: Building Department Planning Board GERARD U. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary v~outhold Town Board Appeals -22- March 23, ~83 Regular Meeting (Appeal No. 3085 - ANN O'SULLIVAN, continued:) MR. CHAIRMAN: Thank you, Mr. Bruer. Unfortunately, our pictures didn't come out as nice. Hearing no further comments, I'll make a motion closing the hearing and reserving decision until later. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to close the hearing and reserve decision until later in the matter of Appeal No. 3085, ANN O'SULLIVAN. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen was absent.) This resolution was unani- mously adopted. PUBLIC HEARING: Appeal No. 3086. Application for PORT OF EGYPT ENTERPRISES, INC., 62500 Main Road, Southold, NY (by George A. Cottral) for a Variance to the Zoning Ordinance, Article VIII, Sec- tion 100-80A for permission to construct addition with an insuffi- cient frontyard setback and to use proposed addition for retail sales in this "C-Light Industrial" Zone. Location of Property: 62500 Main Road, Southold, NY; County Tax Map Parcel ID No. 1000-056-06-006. The Chairman opened the hearing at 8:57 o'clock p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of sketch dated 12/20/79 indicating the existing retail sales area of approximately 26' by 32' which is No. 1, and a proposed retail sales area with addition, of a variable 40' by 30' Store No. 1 having a sales area of 276 square feet and a storage of 556 square feet. Store No. 2 having retail sales area of 400 square feet with a storage area of 800 square feet. And I have a copy of the Suffolk County Tax Map indicating this property and the surrounding properties in the area. Would you like to be heard in behalf of the application? (Nodded negatively.) MR. GEORGE COTTRAL was present. MR. CHAIRMAN: Would anybody else like to speak in behalf of the application? Anybody like to speak against the application? (No one). It is my understanding that retail sales No. 1 is going to remain as it is now? MR. COTTRAL nodded affirmatively. MR. CHAIRMAN: Sales No. 2 would be what kind of business? MR. COTTRAL: It's proposed to be a retail fish market. MR. CHAIRMAN: Would there be extensive tanks and such in the storage area? MR. COTTRAL: No. ~'Southold Town Board Appeals -23- March 23,~983 Regular Meeting (Appeal No. 3086 - PORT OF EGYPT ENTERPRISES, INC., continued:) MR. COTTRAL: We're not proposing to go large scale. MR. CHAIRMAN: Ok. Any questions from any board members? (None) Hearing no further questions, I'll make a motion closing the hearing and reserving decision until later. MEMBER SAWICKI: Second. On motion by Mr. Goehringer, seconded by Mr. RESOLVED, to close the hearing and reserve decision until later in the matter of Appeal No. 3086, application of PORT OF EGYPT ENTER- PRISES~ INC. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen was absent.) This resolution was unani- mously adopted. APPROVAL OF MINUTES: On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to approve the minutes of the meetfngs of this board held: February 4, 1983 Regular Meeting, February 19, 1983 Special Meeting February 25, 1983 Regular Meeting March 12, 1983 Special Meeting. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen was absent.) This resolution was unani- mously adopted. RESPONSE TO INQUIRY: Appeal No. 2098, Decision Rendered February 5, 1976 for William Jacobs application, with conditions. Edward Hindermann, Building and Housing Inspector, and Mr. Costello have requested a clarification of the subject appeal. Member Grigonis, being a voting member in that decision, informed the secretary that the relief granted was for two dwelling units in the barn, in addition to the existing one-family dwelling use in the principal residence, making a total of three dwelling units on the subject parcel (213 acres). CLOSED SESSION FOR DELIBERATIONS: On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to recess this Regular Meeting temporarily for the purpose of "deliberating in closed session"; and at the end of deliberations, the board will reconvene this Regular Meeting. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen was absent.) NOTICE NOTICE 1S HEREBY GIv- l~q, pumuant to Section 276 o~ tim Town l~tw and the Provi- sions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Seuthold T°wn ~ of Appeals on WED- NESDAY, MARCH 23, 1983 COmmencing at 7:30 p.m. arid as follows: 7:30 p.'m. Application of JAMES AND DORIS IDLER, 27 Aneetok Drive, Huntington, N.Y. 11743 for a Variance to the Flood Plain Managemen~ for ~alun to utilize ~ below the eight-foot minimtun.~' required elevation for place- ment of electrical utilities and equipment in this A-7 Flood~ Zone. location of Property: 1010 Maple Lane, Fast Mar- ion, N.Y.; Cleaves Point Flied Map 4650, Subd. Lot 60; County Tax Map Parcel ID NO. 1000-0~.~-0~.0~7. 7:35 p.m..~ppHeation of JOHN AND LINDA KOWAL. SKI, 404 Atlantic Avenue, 8:10 p.m. Application of FRANK AND BRENDA CI- CHANOWlCZ, Lupin I~'ive and Sktmk Lane, Cutchogue, N.Y. for a~ Variance' to the Zoning Ordinance, Article III, perlnlSslon to COnstruct acces~ sory swimmingpool, detache~0°l~ garage, and fence exceeding at the maximum-permitted four feet within the frontyard area at 255 Lupin Drive and 4135 Skunk Lane, Cutchogne, N.Y.; ):( Hickory Acres Map 3325, Subd. Lots 1 and 2; County aq~ Tax Map Parcel ID Nos. 1000-97-9-15 and 16. 8:15 p.m. Rehearing in the matter of ANN O'SULLIVAN, i by Rudolph H. Bruer, Esq., ~ Main Road, Seutbold, N.Y. for ;E:( a Variance for approval of access pursuant to New York Town I~w, Section 280A. Location of Parcel in Question: ~q.. 5692 Main Bayvicw Road, no( Southold, N.Y.; County Tax Map Parcel ID No. 1000-78-4- 41.2 p.m. Applica~i0~ ~ ~o~.c ~eorse A. Cottral) for a Variance to the Zoning Ordin. race, Article VIII, Section ~ d 100-80~ ~ pemtb$ion to con- ~zo street ~n ~th an insuf-I flcieut f~mtyard ~:back audi to use !~,~o~1 edditiou for retail sales in this "C-Light ~o~ xld industrial" Zone. Location of Peoperty:'fs2~0 Main Road, ~f N~Y~; County Tax SouthoM, ~Map Parcel ID No. 1000-056- -- ~dloq Any person wishing to heard concerning the above/~ matters should appear at the times and place above spec'i- fled. or he may contact the Secretary at 765-1809 (or 1802). Dated: March 11. 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER a\ CHAIRMANU 1T-~,~ COUNTY OF SUFFOLK STATE OF NEW YORK Potricio Wood, being du!y sworn, soys that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for .......................... ./. ............ weeks successively, commencing on the ............ ./..~ ................... day ~./~ ~..~...~..~. ..................... 19...~.?... C) Sworn to before me this / ~ day of ............ ................. , 27 Anoatok Driv( NY 11743 for a V. Flood Plain for permission t I for placement [ Diloendsble Service utilities and equ Property: 1010 -ast Marlo., /oo-aaO0 Paint Filed Ma I. Lot 60; Couw Parcel ID No. 1, 7:35 p.m~I JOHN KOWALSKI, Avenue, Greenl Variance to Ordinance, Arts 100-3! for a ( Occupancy of Minor Subdivisi King, Map No adjustment of 1, %ors 3 and insufficient ro~ Lot No. 3 an insufficient sit from the existi Lot No. 4. Contractors TWIN FORK SIDING CO. NEVER PAINTAGAIN Kr.4J, MA'I'~, I UCK,N.Y. Aluminum & Vinyl Siding, Trim, Roofing, Leaders and Gutters. Remodeling, Home Improvements, Blown Insulation. - .ZR£EEgITMA~ contains an a one acre. ADDITIONS '($16) Property: W~ RENOVATIONS Jule Lane MROOFING 765-3120 County Tax 1~ No. BOB 7:40 p.m. ~ ~ JOHN AN[ DiZ.%LO, ] i H~TATEOFN~wYORX !) Il ~C~UNTYOTF~UFFOL:( ) Ilsi,i4 e ........ o,Green~., in .id ~unty, ~ s"'~y~/she is a representative of THE SUFFOLK TIMES, a w~kly ~[ Box~newspaper, published at Green~, in the Town of ~uthold, ~unty ~f Sulfolk, State of New York, and annexed is a print~ ~py that has been regularly publish~ in ~id newspa~r once in each week ~ for.......A~A ...... week(s) successively, commencing the...]..~,~.~ day ~lor~ me thi~..J..T~ .......................... ................ No. 470787& Suffolk Term £x~,eSMarch 3~. i9,-~..~ - LEGAL NOTICE · NOTICE IS HEREBY GIVEN, pursuant to Section 276 of the Town Law and the Provisions of the Amended Code of the Town of Southold, / a Regular Meeting and the following public hearings .will be held by the Southold Town ~ Board of Appeals Da WEDNESDAY, MARCH 23, 1983'commencing at 7:30 p.m. andasfollows: a;,~:7:50 p.m. Application of 7:30 p.m.. Application of ~CHESTER M. MAYER, 2265 JAMES AND DORIS IDLER. ~ King Street, Orient,.NY for i 27 Anoatok Drive, Huntington, ' ~ Variance to the Zoning NY 11743 for a Variance to the ~ Ordinance Article III Section Flood Plain Management ,iF'100-35A for permission to erect Law, Chapter 46, Section 46-7 ~ fence exceeding , the for permission to utilize area,,. '~-~aaximum height requirement below the .eight-foot ~.~:of four feet within the minimum-required elevation ~:frontyard area at 2265 King for placement of electrical utilities and equipment in this A-7 Flood Zone· Location of Property: 1010 Maple Lane, East Marion, NY; Cleaves Point Filed Map 4650, Subd. Lot 60; County Tax Map Parcel ID No. 1009-035-05-027. 7:35 p.m. Application of JOHN AND LINDA KOWALSKI, 404 Atlantic Avenue, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for a Certificate of Occupancy of Lot No. 3 of Minor Subdivision of Christine King, Map No. 117, with an adjustment of lot line hatwee~ %ots 3 -and 4, leaving insufficient road frontage for Lot No, 3 and leaving an insufficient sideyard setback from the existing dwelling on Lot No. 4. Each parcel contains an area exceeding one acre. Location of Property: West side of Die Jule Lane Mattituck, NY; County Tax Map Parcel ID No. 10~0-114-12-013.3 and 013.4. 7:40 p.m. Application of JOHN AND FRANCES DiVELLO, Drawer 1402, Westphalia Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article VIII, Section 100-80A for.~ permission to construct one~ family dwelling in this "C- Light Industrial" Zone. Location of Property: 605 Mary's Road (a/k/a 305 Hill Street), Mattituck, NY; County Tax Map Parcel ID No. 10~0-140-02-032. 7:45 p.m. Application of ANN WYDEN and PEGGY HELLER. One Harris Court, Great Neck, NY 11021 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct screen-porch addition with a reduced rearyard setback at 2015 Bay Avenue, East Marion, NY; County Tax Map Parcel ID/ NO. 1000-31-17-r~ i!~Street Orient, NY County ~ Tax Map Parcel ID No. 1000- 02602-043.2. !: 'J 7:55 p.m. Application of ERNEST H. PRUSSNER, 910 Old Shipyard Lane, Southold, NY for a Variance to the Zoning Ordinance, Article III, · Section 100-31, Bulk Schrdul.e~d~ ~for permission to construct extension reducing the rearyard setback- and exceeding the 20% maximum allowable lot coverage at 910 Old Shipyard Lane, Southold,. NY; Founders Estates Map 834, Subd. Lot 91; County Tax Map Parcel ID No. 1009-0644~ g:00 p.m. Application of~ NORTH FORK BAPTIST Drive and 4135 Skunk Lane, : Cutchogue, NY; Hickory Acres Map 3325, Subd. Lots 1 and2; County Tax Map Parcel : ID Nos. 1000-97-9-15 and 16. 0:15 p,m. Rehearing in the matter of ANN O'SULLIVAN, by Rudolph H. Bruer, Esq., }lain Road, Southold, NY for a i~)'Variance for approval of . access pursuant to New York Town Law, Section 280A. , Location of Parcel in Question: 5692 Main Bayview ~ Road, Southold, NY; County ~ Tax Map Parcel ID No. 1000- 5 p.m. Application for~' PORT OF EGYPT ENTER- ~ PRISES, .INC., 62500 Main[ ~Road, Southuld, NY (byJ ~eorge ~. Cottral) for ak /Variance to the Zoning1 Ordinance, Article VIII, ] ~ Section l~0-80A for permission ] ~to construct addition with an ] ~.insuffinient frontyard setback ~ !:and to use proposed addition / for retail sales in this "C-Light ~lndustrial" Zone.-Location of ~'Property: 62500 Main Road, CHURCH. C.R. 48, Mattituck, Southold, NY; County Tax NY (by Gerry L. Hortea) for a Map Parcel ID No. 10004)5606- Variance to the ,.Zoning , 006. · h~: ~.:,r,~-i ~ , Ordinance, Article III Section Any person Wishing to be 100-31 for approva~ ~of lot heard concerning the above having insufficient area and matters should appear at the frontage along Westphalia times and place- above Road. Location of Entire~ specified, or he may contact Premises: C.R. 46 and the Secretary at 765-1809 (or 'Westphalia Road, Mattituck, 1~02). ~ '.: NY; County Tax Map Parcel ~ Dated: March 11,1683. ID No. 1000-121-02-021.1. r ' ' 8:05 p.m. Application for GEORGE AND '$YBIL PENNY, by Skinny Dip Pools Inc., Box 10~, Matt/tuck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct swimmingpeol and fence in the front and side yard areas at 9305 Soundview Avenue, Southold, NY; County . Tax Map Parcel ID No. 1000~ 59-6-21. ~ 0:10 p.m. Application of .FRANK AND- BRENDA CICHANOWICZ, Lupin Drive/ and Skunk Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, ~ections 100-32 and 100-35, for permission to construct accessory swimmingpool, detached garage, and fenc~ exceeding the maximum. ~rormitted four feet within the BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER ~] 1TMi7.4192 CHAIRMAN Legal Notice of He~ings for March 23, 1983 ~ Copies to the following on or about March 14, 1983: Mr. and Mrs. James Idler, 27 Anoatok Drive, Huntington, NY-11743 Mr. and Mrs. John Kowalski, Jr., 404 Atlantic Ave, Greenport, NY 11944 Mr. and Mrs. John DiVello, Drawer 1402, WEstphalia Rd, Mattituck 11952 Ann Wyden and Peggy Heller, One Harris Court, Great Neck, NY 11021 Ann Wyden and Peggy Heller, 2015 Bay Avenue, East Marion, NY 11939 Mr. Walter Gaipa (builder), Box 247, East Marion, NY 11939 Rudolph H. Bruer, Esq., attorney for Chester M. Mayer Abigail A. Wickham, Esq., attorney for Ernest H. Prussner Mr. Gerry L. Horton, (builder) for North Fork Baptist Church New Suffolk, NY 11956 North Fork Baptist Church, C.R. 48, Mattituck, NY 11952 Mr. and Mrs. George Penny IV, Soundview Ave (#9305), Southold 11971 Skinny Dip Pools, Inc., Box 108, Mattituck, NY 11952 (Hand given 3/14) Mr. and Mrs. Frank Cichanowicz, Lupin Drive, Cutchogue 11935 Rudolph H. Bruer, Esq., attorney for Mrs. Ann O'Sullivan Mr. George A. Cottral (builder), for Port of Egypt Enterprises Greenport, NY 11944 Port of Egypt Enterprises, Inc., Main Road, Southold, NY 11971 Mr. Scott Thomas, 138 Sterling Avenue, Greenport, NY 11944 L.I. Travler-Watchman Suffolk Times, Inc. Town Clerk Bulletin Board Supervisor Town Board members Town Attorney Planning Board Victor Lessard, Building Dept. Z.B.A. individual files (personal delivery) (personal delivery) Page 3 - Board of Zoning Appeals Legal Notice of Hearings Meeting to be Held 3/23/83 62500 Main Road, Southold, NY (by George A. Cottral) for a Variance to the Zoning Ordinance, Article VIII, Section 100-80A for permission to construct addition with an insufficient frontyard setback and to use p~oposed addition for retail sales, in this'"C-Light Industrial" Zone. Location of Property: 62500 Main Road, Southold, NY; County Tax Map Parcel ID No. 1000-056-06-006. Any person wishing to be heard concerning the above matters should appear at the times and place above specified, or he may contact the Secretary at 765-1809 (or 1802). Dated: March 11, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN Instructions to Newspapers: Please publish once, to wit, Thursday, March 17, 1983 and forward affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971 on or before March 22, 1983. -3- JUDITIt T. TERRY ToWN CLIRK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 February 10, 1983 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3086 application of Port Of Egypt Enterprises, Inc. for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Lane-Use; Notice of Disa~proval~_~o~ .~ Building Department; and survey. ~_~. ~~ Judith T. Terry~ Southold Town Clerk RECEIVED TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR Town 01e~k Southo[d TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. DATE ~' ~.~ ~ "~ Name of Appellant Street and Number ......~.U~...~..I~ ................................................................ ..~..:..~..- ................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ......~...~,.~..~.~...~ .............................. WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit Street and Number Municipality State (~) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .~.~'.~..~...~....~.~.:.~.,....~..~...~.Z~ .............. ..~'....O...~'....,~..._~. ............... Street Use District on Zoning Mop Mop No. Lot No. 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.) 3. TYPE OF APPEAL Appeal is made herewith for (~') A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has)~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 ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that ;,o .Zoru£ CC) Form ZB1 Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3, The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATEOF NEWYORK ) OFe' '''' '''0~)"~ '') ss ..... COUNTY Signature Sworn to this /~ ~ day of.~~ '~ .............. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southoid TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~ (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the ,Petition is located adjacent to your property and is de~ cribedasfollows:C~LO ..~.<~R, oo¥'.~, boic~o~JG t-c~C4'~arO (~0 ~OoRT~R~'T 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: "~O lq-C,(,~c~ ~'o~ C~) 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~ Section_ ~00 - ~ ~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be flied 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. (5].6) 765-].809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: dc~(~ Petitioner Post Office Address NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 270 196 084 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ~'-~-- ~ , residing at ~_-~--D ,L,~ ,,~;./2~ ~U~.'.'.'.'.'.'.'.'.'~ - , being duly sworn deposes and says that on the c~ day of ~_.-7~ ;~. ,19 /~"~ , deponent malted a true copy of the Notice set forth on the re- verse side hereof, d~rected to each of th~ ~bove-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- (registered)- mail. ; that said Notices were mailed to each of said persons by Sworn ~b, efgre me this / Notary P,~/k~/ CD o o o c~ o 0 0 o o © :~ 'rusTRUCT]ONS: · 2 ~ order fo answer the questions in this shor~ EAF if is assume( '~ thai the preparer ¥~ill use currently available information concerning %he project end the likely impacts of ihe oclio'n. It is mot expected additional studies, research or other in\,es~igotion$ will be undertokeo. (b) If uny queslion has been ons',~ered Yes the project may be significant (]nd o completed 5nvironmen%al Assessment Form is necessary. (c) If oll questions hove been answered ~qo it is likely 1h0% ~his project is not significant. . . '.. (d) 5nvironmental Assessment . I. %'Jill project resufi in o torge physical change to the project site or physically oller more . lhon 10 ecres of lend? ....................... Yes 2. %'/ill lhere be o major change fo uny unique or -unusual lend form found on the si%e? ....... Yes 3. %'/ill project oiler or hove o lmrge' effect on existing body of water? .................... Yes. 4. %';ill project hove ¢] potentially large impact on groundwater quality? .................... Yes~: No_ 5. %'/ill project significcolly effect drainage flay/ on adjacent sites? ..................... .o. Yes 6. %';ill projecl effect uny threatened or endangered plant or onlmol SpEcies? ...... Yes ~ No 7. W ll projec resol in o major oaverse on air quail±y? ............................., , Yes. 8. Will pro3ect hove o major effect on visual character of the community or scenic views or vistas known fo'be imporlont fo the comrnunity? Yes~ 9. %'fill projecl adversely fmpoct uny site or .. sfruciure o[ historic, prehistoric or .. paleonfolo~icol impatience or uny site dcsignofed os o crilicol environmental oreo by o local o~enc¥?. .-.- ...-~- ~ ......... Yes 10. %'1ill project hove o major effect on existing or fulure recreational opportunities? ......... __¥es'~ No 11. %'/ill projecf result in.major tre[fic problems oK cause o major effeci to exisling transportation systems? ........................ Yes. ~ No 12. %'7ill project ..regulorly cause objectionable odors, noise, glare, vibrofion, or elec'Lricol disturbance cs a result of %he project's operolion? ......... ' ............................ Yes~No' 13. %';ill project have uny impact on public health or.safcly? ..................................... 14. %'/itl p~oject o[~ect lhe existing community by directly ceusing o growlh in permanent populo%ion of more then 5 perccgt over o one ycor pcriod pr hove a ~,ojor negafive effect on iht choracler o[ the cornmuni{y or X neighborhood? ................................. Yes. No 15. Is there public controversy concerning project? ......................... ............. Yes No (Tod~y'~ Date) To: Southold Town Board of Appeals ~Iain Road Southold, NY 11971 Re: Appeal Application of ~,/ O~~ Location of Property: ~,~ ~ Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation La%.~, please be advised that the subject property io the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetiands; hc~ever, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* [ ] May b~ located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] not appear to May be located within 300 feet of tidal wetlands; .and there is no bulkhead or concrete wall existing on the premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does fall within the jurisdiction of the N.Y.S. D.E.C.] Sincerely yours, [__-2