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HomeMy WebLinkAbout3774 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI James Dinizio, Jr. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 -~OUTHOLD, L.I., N.Y, llg?l TELEPHONE (516) 765-1809 ACTION OF THE BOARD OF APPEALS Application of H & S ASSOCIATES for a Special Exception to the Zoning ordinance, Article VII, Section 100-70B for permission to utilize proposed addition, maintaining the westerly yard setback, partly for sales of auto parts, added storage, and engine-rebuilding shop, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-2-24. WHEREAS, a public hearing was held and concluded on Thursday, October 6, 1988, in the Matter of the Application No. 3774SE; 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. This is an application pursuant to the requirements of Article VII, Section 100-70B for a Special Exception utilizing premises with a proposed addition partly for sales of auto parts, added storage and engine rebuilding. 2. The subject premises consists of a total area of approximately 19.60 acres, a portion of which is presently zoned P~ge ~ - Appl. No. 3774 Matter of H & S ASSOCIATES Decision Rendered September 16, 1988 "B-1 General Business" along the north side of the Main Road, in the Hamlet of Cutchogue, all more particularly identified on the Suffolk County Tax Maps as District 1000, Section 102, Block 2, Parcel 24. 3. Submitted for consideration are the July 23, 1988 Site Plan and Survey Map dated May 21, 1980 prepared by Roderick VanTuyl, P.C. depicting the proposed addition and the existing buildings. The addition as proposed is shown to be at the north (rear) section of the existing building extending a total of 110+- feet and maintaining the same nonconforming setback from the westerly (side) property line at approximately 18 feet, pursuant to the subject Site Plan Map. 4. It is noted for the record that reviews have been made and are pending by the Planning Board indicating their general acquiescence with the building and parking layout. 5. In considering this application, the Board finds and determines that: (a) the use requested will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent-use districts; (b) the use will not adversely affect the safety, health, welfare, comfort, con- venience or order of the Town; (c) the use is in harmony with and will promote the general purposes and intent of zoning. 6. The Board has also considered subsections (a) through (1) of Article XII, Section 100-121C(2) of the Zoning Code in making this determination. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Special Exception as applied for the auto parts sales, added storage, and engine rebuilding uses, as shown by the July 23, 1988 Site Plan Map submitted in the Matter of Application No. 3774 - H & S Associates. Doyen. illness. adopted. lk Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and (Member Sawicki was absent due to serious family Member Dinizio abstained.) This resolution was duly 'GERARD P. GOEHRINGER 6/ CHAIRMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN CL~K DATE I~/~/~' HOUB Town Clerk, Town of Sout~ld APPEALS BOARD MEMBERS GERARD P. GOEHR{NGER. CHAIRMAN CHARLES GRIGONIS JR. SERGE DOYEN. JR. JOSEPH H, SAWlCKI Southold ToWn BOard of Appeals MAIN R[3AD- STATE RE3AD 25 c~r'IUTH[3LD, L.I.. N,Y, 11g'71 TELEPHONE {516) 765-1809 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWI~ BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY~ OCTOBER 6, 1988 at the following times: Appl. No. 3765 - JOSEPH SPITALIERE for a Zoning Ordinance, Article III, Section 100-31 7:35 p.m. Variance to the for the placement of a new dwelling structure with a reduced setback from the front property line. Location of Property: Right-of-way located along the east side of Cedar Beach Drive, Southold, (just south of General Wayne Inn) and extending in an easterly and thence southerly direction to this parcel identified on the Suffolk County Tax Maps as 1000-90-4-14. 7:40 p.m. Appl. No. 3768 - FRANK AND SANDRA CURi~AN for a Variance to the Zoning Ordinance, Article III, Section 100-31 for construction of a pool with deck and fence enclosure with an insufficient frontyard setback and excessive lot coverage (over Page 2 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals 20 percent), at premises known as 780 Haywaters Road, Cutchogue, NY; County Tax Map Parcel No. 1000-111-01-016. 7:45 p.m. Appl. NOo 3763 JOHN J. JESSUP for a Variance to the Zoning Ordinance, Article III, Section 100-31 for construction of an addition at the westerly side of the e~isting dwelling with a reduction in the total known as 90 East Road, Cutchogue, NY; 1000-110-7-15. sideyards, at premises County Tax Map Parcel No. 7:50 p.m. Appl. No. 3759 TONY SCARMATOr INC. for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for approval of gazebo structure with an insufficient setback from an existing bulkhead along Peconic Bay, 235 Huckelberry Mill Road, East Marion, NY; Parcel No. 1000-31-16-9. at premises known as County Tax Map 7:55 p.m. Applo No. 3755SE - TIMOTHY COFFEY AND THE COVE AT SOUTHOLD~ INC. Special Exception to the Zoning Ordinance, Article III, Section 100-30C, for permission to erect Page 3 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals off-premises sign. Location of Property: Road, Southold, NY; County Tax Map Parcel (Recessed from Prior Meeting). South Side o~ Main No. 1000-75-06-7.3. 8:00 p.m. Appl. Noo 3758 THEODORE KUDLINSKI~ JR. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct open deck addition with an insufficient rearyard setback from existing dwelling, at premises known as 605 Highwood Road, "Highwood at Bayview" Subdivision Lot No. 8, Southold, NY; County Tax Map Parcel No. 1000-78-9-50. 8:05 p.m. ELSIE D. YOUNG. Appl. No. 3760SE Special Exception to the Zoning Ordinance for permission to establish Accessory Apartment in an existing dwelling structure in accordance with the requirements of Article III, Section 100-30B, subsection 15. Location of Property: 480 Grissom Lane, Southold, NY; County Tax Map Parcel No. 1000-78-1-10.3. Appl. No. 3761-V - Variance to the Zoning Page 4 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals Ordinance, Article III, Section 100-30B(15){M} to allow conversion of dwelling for Accessory Apartment with Certificate of Occupancy dated after January 1, 1984, although Affidavit of Building Inspector indicates dwelling met the requirements for a Certificate of Occupancy had application been made in a timely fashion. Location of Property: 480 Grissom Lane, Southold, NY; County Tax Map Parcel No. 1000-78-01-10.3. - 8:15 p.m. JOHN T. BEEBE - Variances to the Zoning Ordinance~ Article III, Section 100-31 for approval of insufficient area and width of two propDsed parcels in this proposed set-off division of land, located along Beebe Drive, Cutchogue, NY; County Tax Map Parcel No. 1000-103-3-part of Lot 5. 8:20 p.m. ROBERT AND DIANNA BAKER. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(16) for permission to establish Bed and Breakfast establishment in an existing dwellingf at premises known as 2900 Boisseau Avenue, Southold, NY; County Tax Map Parcel No. 1000-55-6-9. Page 5 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals 8:30 p.m. Appl. No. 3779 - PETER AND DESPINA MAP/~OPOULOS for a Variance to the Zoning Ordinance, Article III, Section 100-31 and prior Appeal No. 3623 rendered May 11, 1987 for approval of structure(s) with reduced sideyards, at premises known as Lot ~16, Captain Kidd Estates, along the south side of Sound Beach Drive, Mattituck, 1000-99-1-24. 8:40 p.m. Appl. GRISTINA VINEYARDS). NY; County Tax Map Parcel No. No~ 3769SE - CUTCHOGUE FARMS LTD. (a/k/a Special Exception to the Zoning Ordinance, Article III, Section 100-30B for permission to establish Winery, at premises located along the north sid~ of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-109-01-13. 8:50 p.m. Appl. No. 3764 - DENIS O'BRIEN for Variances to the Zoning Ordinance, Article III, Section 100-31 and Article XI, Section 100-119.1 for permission to erect tennis court with 10-ft. high fencing and gazebo structure in an area other than the required rearyard, at premises identified on the Suffolk County Tax Maps as District 1000, Section 3, Block 3, Lot 3.5, along Private Road, Fishers Island, NY. Page 6 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals 8:55 p.m. Appl. No. 3778 - BRETT AND JANET KEHL- Variance to the Zoning Ordinance, Article III, Section 100-32 and removal of Conditions rendered under Appeal No. 3641 on June 18, 1987 order to allow conversion of the subject building as livable area in proposed reconstruction plan of dwelling, at premises known as 5500 Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-4-32. ~ 9:05 p.m. Appl. No. 3774SE - H & S ASSOCIATES Special Exception to the Zoning Code, Article VII, Section 100-70B for permission to construct addition to existing building, (maintaining the westerly yard setback)~for use partly for sales of auto parts, added storage, and engine-rebuilding shop, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map ~Parcel No. ~1000-102-2-24. 9:15 p.m. Appl. No. 3776 HOWARD AND MARGARET BRODIS. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(15) for permission to establish Accessory Apartment in a proposed addition to existing dwelling, at premises known as 435 Eastward Ct., Mattituck, NY; County Tax Map Parcel No. 1000-115-7-9. Page 7 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals 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: September 16, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GER3LRD P. GOEHRINGER, CHAIRMAN By Linda Kowalski Notice to Newspapers: Please publish the above Legal Notice once, to wit, Thursday, September 29, 1988 and forward 11 Affidavits of Publication to: Board of Appeals, Main Road, Southold, NY 11971. TOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL~L~ TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N~ .... (~es~dence',' '~ouge ~o. and 5tr~ - . (Hamlet~ Co~e, Telephone" Numbe~ hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTZON'in accordance with the ZONING ORDINANCE, ARTICLE ~// , SECTION /~--70~, SUBSECTION for the below-described property for the following uses and purposes (and as shown on the attached plan drawn :o scale): A. Statement of Ownership and Interest. /~5 /½£$ ~ r~--~,~-~- i s Qthe owner (s) of property known ~ referred co as ~ c---~g//-~c~ ~c)'~o "' (House No., Street, '.Bam'let) identified on the Suffolk County Tax Maps as Dis't'rict lO00, Section]Lm_~ Block Lot(s) ~5z , which is not (~ on a subdivision Map (Filed "Map of "Filed Map 'No. and has been approved oy the Soht-~-~Td Town Planning Board on as a [Minor~ [Major] Subdivision). ~/1 / The above-described proper~y was acquired by the owner on B. The applicant alleges that the approval of this exception would be in harmony with the intent ~sd purpose of said ~oning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: C. The property which is the subject of this application is zoned /~--/ and ] ~iS cQns ~%e.n& with the use(s) described in the Certificate of Occupancy being furnished herewith. is not consistent with the Certificate of Occupancy being furnished herewith fob the following reason(s): COUNTY OF SUFFOLK) STATE OF NEW YORKi ss.: No, 52-6306770 ZB2 (rev. 2/6/86) QuaJified~nsUffo~kcounty Comm~ssbn Exp~re~ ~2,31.~ OF~SOUTHOLD ~ PROPERTY i RECORD CARD SUB. LOT ACR. -TYPE OF'BUILDING LAND , · . /~ .... . - - - . _ . . ATE, . REMARKS ~' ~v,', ~:,. '1~ I0~ :~ ~ ~ '~ ' ~ -. ~,ORMER OWNE TOTALs:; 5OUTHOLD PROPERTY RECORD CARD SUB. LOT FARM DATE REMARKS 3,::"?: MISC.~ ? Mkt, Value TYPE'OF BUILDING ~d ION ABOVE FRONTAGE ON WATER FRONTAGE ON ROAD BL M. Bldg. Porch Deck Garage Foundation Basement Ext. Walls Fire Place Poo I Patio Floors Heat - Attic Rooms list Floor Rooms 2nd F M. Bldg. Extension Extension Porch Porch Breezeway Garage Total Foundation S Fire Place Room Driveway Interior Finish Rooms 1st F Southold Town Board of Appeals MAIN ROAD- STATE ROAD Z=, SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ~amSEPH H,. SAWIC~.I es UlnlZlO ~ October 7, 1988 H & S Associates, Inc. P.O. Box 915 Cutchogue, NY 11935 Re: Appl. No. 3774 - Special Exception Gentlemen: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals. A copy of same has also been furnished with the Building Inspectors' and Planning Board Offices for their files. Please be sure to return to the Planning Board, Building Department, and any other agencies for issuance of appropriate approvals and permits which are deemed necessary pursuant to law. 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 Planning Commission Page 2 - Appl. No. ~ ~ Matter of H & S ASSOCIATES Decision Rendered September 16, 1988 "B-1 General Business" along the north side of the Main Road, in the Hamlet of Cutchogue, all more particularly identified on the Suffolk County Tax Maps as District 1000, Section 102, Block 2, Parcel 24. 3. Submitted for consideration are the July 23, 1988 Site Plan and Survey Map dated May 21, 1980 prepared by Roderick VanTuyl, P.C. depicting the proposed addition and the existing buildings. The addition as proposed is shown to be at the north (rear) section of the existing building extending a total of 110+- feet and maintaining the same nonconforming setback from the westerly (side) property line at approximately 18 feet, pursuant to the subject Site Plan Map. 4. It is noted for the record that reviews have been made and are pending by the Planning Board indicating their general acquiescence with the building and parking layout. 5. In considering this application, the Board finds and determines that: (a) the use requested will not prevent the orderly.and reasonable use of adjacent properties or of RECEIVED AND FILED BY THE SOUTHOLD TOWN CT.k'3~,K DATE /~,/~/~j~ HOUR ~ :3z)~.~ Town ~erk, To~ of Sou~?d j TOWN OF SOUTHOLD ZONING BOARD OF APPEALS REGULAR HEARING OF THURSDAY, OCTOBER 6, 1988 Appl. No.: 3774SE Applicant(s): H&S ASSOCIATES Location of Property: N/s Main Road, Tax Map ID No.: 1000- Cutchogue October 6, 1988 Regular Meeting Present were: Chairman Gerard P. Goehringer; Member Charles Grigonis, Jr.; Member Serge Doyen, Jr.; Member James Dinizio, Jr. Absent was: Member Sawicki (due to serious family illness). Also present were: Board Assistant Linda Kowalski, and approximately 40 persons in the audience. The Chairman read the Legal Notice for this hearing, as published in the suffolk Times and L.I. Traveler-Watchman, Inc. CHAIRMAN GOEHRINGER: I have a copy of a site plan produced by the applicants dated 7/23/88 indicating an addition to the rear of the building of, ~ can read the square footage but it's off, but they really... Unless you see the site plan. A proposed engine rebuild- ing shop of 32,164 square feet and a proposed storage area of 1,636 square feet and an enclosed portico joining the two buildings that exist now which appear to be Cutchogue Auto Parts. Would you like to be heard Mr. Freeman concerning this application. MR. FREEMAN: I think it's self explanatory. CHAIRMAN GOEHRINGER: Is there anybody else that would like to speak in favor of the application? Anybody like to speak against the application? While I have you here, how important is it to maintain that westerly sideyard? MR. FREEMAN: So that we can maintain the ample parking provisions on the other side, on the east side. CHAIRMAN GOEHRINGER: Thank you. Any questions from Board members? No questions from anybody concerning this application? I'll make a motion approving it as applied for. Ail in favor - AYE. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I.. N.Y. ~1'1971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI James Dinizio, Jr. Pursuant to Article XII! 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: Variance from the Zoning Code, Article , Section Variance from Determination of South~ld Town Building Inspector XX Special Exception, Article vii , Section lO0-70B Special Permit Appeal No.:~74SEApplicant: H & S Associates Location of Affected Land: N/s Main Road, Cutchogue, NY County Tax Map Item No.: 1000- 102-2-24 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) X× State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Boundary of Existing or Proposed County, State or Other Recreation Area Federally Owned Federal Park or Land Existing or Proposed Right-of Way of Any Stream or Drainage Channe! 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 requesting permission to utilize proposed addition, mm~nfm~ni~? the westerly vard setback, partly for sales of auto parts, added storage and engine-rebuilding shop Copies of Town file and related documents eHclosed for your review. Dated: October 13, 1988 Southold Town Board of Appeals MAIN ROAD-STAT[ ROAD 25 SOUTHOLD, L.I., N.Y. ]197] TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. September 21, SERGE DOYEN, JR. JOSEPH H. SAWlCKI TO: Southold Town Planning Board Mrs. Valerie Seopaz, Planner 1988 RE: Matters Involving P.B. October Calendars For your convenience below is a list of our upcoming applications, some of which have been reviewed by your office, (or will involve Planning Board jurisdiction) for subdivision or site plan projects. If you choose to submit written co~ents on any of these files, please transmit same to our office no later than October 5th. In the event that no response from you is received on or beforeOctober 5th, we will assume that you have no objection to the general layout of the project. & S Associates 1000-102-2-24 (B-1 Zone Addition, etc.) Robert and Diana Baker 1000-55-6-9 (Bed & Breakfast-see 100-30B for site-plan review) John Beebe 1000-103-3-5 (Subdivision) Cutchogue Farms Ltd. a/k/a Gristina Vineyard 1000-109-1-13, 1000-101-2-8 (Winery Proposal). (We understand that maps were previously submitted to you. Please feel free to review our file at any time if necessary for your response to this coordination.) lk Southold Town Board of Appeals MAIN RnAD- -¢ITATE ROAD 25 BrlUTHE]LD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD October 6, 1988 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN S . E . Q . 1~ . A . CHARLES GRIGONIS, JR. . SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Siqnificanc~ APPEAL NO.: 3774 SE PROJECT NAME: H & S ASSOCIATES 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 simil&r project. TYPE OF ACTION: [ j Type II ~ ] Unlisted [ ] Exempt DESCRIPTI6N OF ACTION:Construct addition to existing building, main- taining the westerly nonconforming yard setback, for use partly for'sales of auto parts, storage and engine-rebuilding shop LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Main Road, Cutchogue, NY ' 102-2-24 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. mc GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEAl S at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY I1971, on THURSDAY, OCTOBER 6, 1988, at the following times: 7:35 p.m. Appl. No. 3765-- JOSEPH SPITALIERE for a Variance to the Zoning Ordi- nance, Article 111, Section 100-31 for the placement of a new dwelling structure with a re- duced setback from the front property line. Location of Pro- perty: Right-of-way located along the east side of Cedar Beach Drive, Southold, (just south of General Wayne Inn) and extending in an easterly and thence southerly direction to this parcel identified on the Suffolk County Tax Maps as 1000-90-4-14. 7:40 p.m. Appl. No. 3768-- FRANK AND SANDRA CUR- RAN for a Variance to the Zon- ing Ordinance, Article Iii, Sec- tion 100-31 for construction of a pool with deck and fence en- closure with an insufficient frumyard setback and excessive lot coverage (over 20 percent), at premises known as 780 Hay- waters Road, Cutchogue, NY; County Tax Map Parcel No; 1000-111-01-016. 7:45 p.m. AppL No. 3763-- ~ for a Vari. anco to thc Zoning Ordinance, Article Ill, Section 100-31 for construction of an addition at the westerly side of the existing dwelling with a reduction in the total sidcyards, at premises known as 90 East Road, Cutch- ogue, NY; County Tax Map Par- cel No. 1000-110-7-15. 7:50 p.m. AppL No. 3759-- TONY SCARMAiO. INC. for a Variance to the Zoning Ordi- nance, Article XI, Section 100-119.2 for approval of gazebo structure with an insufficient~,' setback from an existing bulg~ head along Peconic Bay, at pre- mises known as 235 Huckelberry Mill Road, East Marion, NY; County Tax Map Parcel No. 1000-31-16-9. 7:55 p.m. Appl. No. 3755SE --TIMOTHY COFFEY AND THE COVE AT SOUTHOLD INC. Special Exception to the Zoning Ordinance, Article Ill, Section 100-30C, for permission to erect off-premises sign. Loca- tion of Property: South Side of Main Road, Southold, NY; County Tax Map Parcel No. 1000-75-06-7.3. (Recessed from Prior Meeting). 8:00 ~. Appl. No 3758-- JR. Variance to the Zoning Ordinance, Article Ill, Section 100-31 for permission to con- struct open deck addition with an insufficient rearyard setback from existing dwelling, at pre- mises known as 605 Highwood Road, "Highwood at Bayview" Subdivision Lot No. 8, Southold, NY; County Tax Map Parcel No. 1000-78-9-50. 8:05 p.m. ELSIE D. YOUNG. Appl. No. 3760SE--Special Exception to the Zoning Ordi- nance for permission to estab- lish Accessory Apartment in an existing dwelling structure in ac- cordance with the requirements of Article I11, Section 100-30B, subsection 15. Location of Pro- · petty: 480 Grisson Lane, Southold, NY; County Tax Map Parcel No. 1000-78-1-10.3. Appl. No. 3761-V--Varian.ce to the Zoning Ordinance, Arti- cle I11, Section 100-30B(15)[M] to allow conversion of dwelling for Accessory Apartment with Certificate of Occupancy dated after January 1, 1984, although Affidavit of Building Inspector indicates dwelling met the requirements for a Certificate of Occupancy had application been made in a timely fashion. Location of Property: 480 Gris- son Lane, Southold, NY; Coun- ty Tax Map Parcel No. 1000-78-01-10.3. 8:15 p.m. JOHN T. BEEBE-- ~ Variances to the Zoning Ordi- nance, Article I11, Section 100-31 for approval of insuffi- cient area and width of two pro- posed parcels in this proposed set-off division of land, located along Beebe Drive, Cutc~Ogiae, NY; County.Tax. Map Parcel No. 100Oq03-3-part of Lot 5. 8:20 p.m. ROBERT AND DI- ANNA BAKER. Special Excep- tion to the Zoning Ordinance, Article Ill, Section 100-30B(16) for permission to establish Bed and Breakfast establishment in an existing dwelling, at premises known as 2900 Boisseau Ave- nue, Southold, NY; County Tax Map Parcel No. 1000-55-6-9. 8:30 p.m. Appl. No. 3779-- PETER AND DESPINA MAR- KOPOULOS for a Variance to the Zoning Ordinance, Article Ill, Section 100-31 and prior Appeal No. 3623 rendered May I1, 1987 for approval of struc- ture(s) with reduced sideyards, at premises known as Lot #16, Captain Kidd Estates, along the south side of Sound Beach Drive, Mattituck, NY; County Tax Map Parcel No. 1000-99-I-24. 8:40 p.m. Ap~pl. No. 3769SE--~ D RI- ~. Special Exception to the Zoning Ordi- nance, Article Ill, Section 100-30B for permission to estab- lish Winery, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-I09-01-13. 8:50 p.m. Appl. No. 37i,4 - DENIS O'BRIEN for Variances to the Zoning Ordinance, Arti- cle 111, Section 100-31 and Ar- ticle Xl, Section 100-119.1 for permission to erect tennis court with 10-ft. high fencing and gazebo structure in an area other than the required rearyard, at premises identified on the Suf- folk County Tax Maps as Dis- trict lO00, Section 3, Block 3, Lot 3 5 along Private Road,. Fishers Island, NY. 8:55 p.m. Appl. No. 3778~ BRETT AND JANET KEHL-- Variance to the Zoning'~rdi- nance, Article Ill, Section 100-32 and removal of Condi- tions rendered under Appeal No. 3641 on June 18, 1987 in order to allow conversion of the subject building as livable area in proposed reconstruction plan of dwelling, at premises known as 5500 Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-4-32. _ ,9:05 p.m. Appl. No.'~ r 3774SE--H & S ASSOCIATES f Special Exception to the Zoning Code. Article VII. Secrion1 100.70B for permission to con-~] struct addition to existing't' building, (maintaining the west- erly yard setback) for hse part- ly for sales of auto parts, added storage, and engine-rebuilding shop, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map Parcel No. I,,,~,.~-102-2-24. ',~ 9:15 p.m. Appl. No. 3776-- ,H, OWARD AND MARGARET BRODIS. Special Exception to the Zoning Ordinance, Article Ill, Section 100-30B(15) for per- mission to establish Accessory Apartment in a proposed addi- tion to existing dwelling, at pre- . mises known as 435 Eastward Ct., Mattituck, NY; County Tax Map Parcel No. 1000-115-7-9. 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 com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time al- lotted. For more information, please call 765-1809. Dated: September 16, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski I~,'~ IX, 9/29/88 (50) ! ICOUNTYOFSUFFOLK STATE OF NEW YORK SS: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Travels-Watchman once each week for ........................... weeks successively, commencing on the ......... ~-,~ '~ .... Sworn to before me this . c:~C~ ~ .......... day of .... ~ ..... 19. ~°° Notary PJ~olic KA~N W. t, OERGE$$ON NOT,C, EY PUBLIC, State of New York No. 4842180 Main Road, Southold, ~N.Y; i. south side ot ~ouna ~eacn , _egal Notices NOTICE OF HEARINGS NOTICI~ IS HF~REBY' GIVEN, ~u~suant to Seak~'"~7 O~e To~ ~w~d~of~eT~of ;~oM, ~e foH~g ~gs ~ A~g ~ &e ~old To~ H~, 'H 6 ~ ~e foHo~ ~es~ 7:35 p.m. A~I. No. 3765 ~ ~wdw~g s~ ~ a~ a ~s~y ~d ~ce south~y ~e S~ C~n~ T~ M~s as 7:~ p.m. A~I. No. 3768 ~ ~vemge (over ~0 ~rc~t}, at 7:45 p~. A~I. No. 3763 ~ )~ L ~ESSUp f~ n Vafi~ m tdi6on at ~ w~mdy side of ~e . ~ ~st R~d, Cutchogue, ~; ~ty T~ Map Pam~ No. 1~- nance, Article I~. See~i~,-100-30C, for permissiont~[~ee off=premises sign. Loceeion~Propeny: South Side of Main R~d, Somhold~ NY: County Tax Map Parcel No. 1000- 75-06-7.3 (Recessed from Prior Meeting). 8:00 p.m. Appl. No. 3758 ~ THEODORE KUDLINSKL Variance to thc Zoning Ordinance, A.rfi~in I~ Section 100-31 for per. nuss~on to construct open deck addi- back from existing dwelling, at premises known as 605 Righwood Road, 'Highwood at Bayview" Subdivision Lot No. 8, Southold, NY; County Tax Map Parcel No. 1000-78-9-50. s.~5 p.m. ~ Appl. No. 3760SE -- Special Exc~on to the Zoning Ordinance for pem~rion to cmthlish Accessop/ ApeFtment in an existing dwclOn§ qui~menta of Afllcle ]~. Section 100-30B, sobscedon 15. Location Property: 480 Grissom Lane~ Southold. NY: Coneey Tax Map: Parcel No. I000-78-1-10.3. AppL No. 3761-V- Ya~nce to the Zo~ng Ordinance. Afl, ch III. Section 100-30B(15){M} to allow co~version of dwelling foF ACCC~sop/ Apamnent with Ce~¢ata of Occu- pancy detad a~er J~uuary 1, 19~4, al= dmugh Affidavit of Buildin8 Inspo:tor quiremenu for a Cet~'icata uf Occu- Map Parcel Ne. 1000-55-6-9. 8:30 p.m. Appl. No. 3779 .--.~ TER AND DESPrNA M/ ~=O_I,L~O~ for a Variance tow Z0aing Ordinance, Article III, Section 100-31 and prior Appeal No. 3623 readered May 11, 1987 for approval · :~ stmc, to~s) v,~ min~ sideyards, .it premises known as Lot #16, Captain Kidd Estates, along south side of Sound Beach Drive, Matt/tuck, NY; County Tax Map Parcal Ne- 10(J0-99-1-24.- 8:40 p.m. Appl. No. 3769SE m CUTCHOGUE FARMS LTl}. (a/k/a GRISTINA VINEYARD,S, Special Exception to the Zoning Ordinance, A.~id.e ~ Section 100-30B forper- mtsston to establish Winery, at pr~mises located along th~ north side of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000- 109-01-13.' 8:50 p.m. Appl. No. ~764 -- DI~RS-QXIRIT~ for Variances to ~ 100-~1 and A~icle X~, Section I00- 119..1 for pemtission to ex,ct tennis /..4~con~ with IO-ft. high fencing, and gazebo stmgtom in an area other than the required maryard, at premises identified oa the Suffolk County Tax Mal~ as District I000, Section 3 Block 3, Lot 3.5, along Private Roa~ Fishers Island, NY. 8:55 p.m. Appl. No. 3778 -- BRETF AND JANET KEHL- Variance to the Zoning Ordinance Article IH, Section 100-32 and re- pency had application been mad~ in a/~'$ moval uf Coflditions rendered under timely faction. Location uf Pr~y: Appeal No, 3641 on June 18, 1987 480 Orissom Lane, Southold, NY; County Tax Map Parcel No. 1000- '/8-01-10.3. 8:15 p.m. JOHN T. BEERS -- Variances to the Zoning Ordinance, Article Ill, Section 100-31 for ap- hi order to allow conversion of the subject bui/d/ng as livable area in proposed reconstruction plan of dwelling, at prer~ises known as 5500 Main Bayvinw Road, Southold. NY: County Tax Map Parcel ID No. n~:e n~:o of Mattltuek, In ry mom, says that he/she Is Principal ~LK TIMES, · Weekly Newspaper, ~, In tho Town of SouthoM, ~ounly of mw York, and that tho Notice of which copy, has been regularly punished In ,'o each week for 1 weeks racing on tho 29 day of Principal Clerk NOTARY PUBLIC, State ot New York Suffolk County ho r~rm Ex~ires 0-7-15. proval of insufficient area and width 1000-78-4-32. ~e ...... .. of two prope~ed nnrcals in this ,~ro .~'~ 9:05 p.m. Appl. No. 3774SE -- H ~vO Po~nA~pp~I~.~NO~,,3,,759 -- posedsei-uffdivi~i~ofland, l~c~ .-~ &S' ASSOCIATES Special ~ for a along Be~be Drive, Cutchogue, NY; )~' (~'p~On to the Zoning Cede, A~icle nicle~,t°~tn_e. '~.~8..°_ra_m.ance, County Tax Map Parcel No. 1000- / · VI~ Section 100-70B for permission~ --"u'ae~aon t~n~'lW'~IoraP"ff~9 103-3-partofLotS. ; ~;/-to construct addition to existing/ sOuVf~s _.o_f_.ga~bo ,ee.mctore wi,th .an 8:20 p.m. ~ F building, (maintaining the westerly. dkhead along Peonnic Bay, at . - ?.~,?pecinlE~ceptt~to/ ~uto---/~'~-' 'p) ytor~sa~es[ dl Road, East Marion NY Count Section 100-30B(16) for permission [ ~n - g shop, at premises 1o-~ ~x Ma- Parce' xT ,~.o,'.,~.^ y to establish Bed and Breakfast es~ab- [ cared along the no~ side of the Main 7:55~.m. ~p~. ~.-- lishm~t 111 an eyastmg dwelh~lg, at~ ~R,o_a_d~Cut~ch.~og~?,~N~.,..~C_o~n!y Tag ~oTH¥ COEEE¥ ANn T.E ~m,se,~%~_,,.~?00 Eo.~e.u~,._ --~=_.,o~-.,y~-~2.~ .' SO T.O Spe= ounty Tax ' ' '~ ~--~-~.~-~.~.~s~ ..... ' ..... BRODIS. Special Except/on to the Zoning Ordinance, At6cle I~, Sectioa 100-30B(15) for permission to estab- lish Acc~ssor~ Apartment in a pro- ~'e~ge$ kno~'n as 435 Eastward Ct., Matdtuck, NY; County Tax Map Parcel Ne- 1000-115-7-9. The Board of Appeals will at said time and p~ace hear any and all per- mitred prior to the c~ncinsion of the subject hearing. Each hearing will nol start before thc time allotted. For more ip. formation, pleas~ call 76.5- 1809. Dated: September 16, 1988. EY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER, CHAIRMAN By Linda ICowalski 6071-1TS29 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD-STAT£ ROAD 25 SDUTHDLD, L,I,, N.Y. llcJ'7] 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. : Someone should appear in your behalf during the public hearing. Questions may arise from Board Members or persons in the audience during the hearing. Your hearing is expected to start at the time advertised in the Legal Notice, and you will not be required to appear earlier. Please feel free to call our office prior to the hearing date if you have any questions or wish to review your file. Yours very truly, GERARD P. GOEH~INGER CHAIRMAN lk APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI James Dinizio, Jr. Southold Town Board of Appeals MAIN ROAD- STATE: ROAD 25 SI-IUTHI3LD, L.I., N.Y. '1'1971 TELEPHONE (516) 765-1809 ACTION OF THE BOARD OF APPEALS Application of H & S ASSOCIATES for a Special Exception to the Zoning Ordinance, Article VII, Section 100-70B for permission to utilize proposed addition, maintaining the westerly yard setback, partly for sales of auto parts, added storage, and engine-rebuilding shop, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-2-24. WHEREAS, a public hearing was held and concluded on Thursday, October 6, 1988, in the Matter of the Application No. 3774SE; 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. This is an appliqation pursuant to the requirements of Article VII, Section 100-70B for a Special Exception utilizing premises with a proposed addition partly for sales of auto parts, added storage and engine rebuilding. 2. The subject premises consists of a total area of approximately 19.60 acres, a portion of which is presently zoned Page 2 - Appl. No. 3774 Matter of H & S ASSOCIATES Decision Rendered September 16, 1988 "B-1 General Business" along the north side of the Main Road, in the Hamlet of Cutchogue, all more particularly identified on the Suffolk County Tax Maps as District 1000, Section 102, Block 2, Parcel 24. 3. Submitted for consideration are the July 23, 1988 Site Plan and Survey Map dated May 21, 1980 prepared by Roderick VanTuyl, P.C. depicting the proposed addition and the existing buildings. The addition as proposed is shown to be at the north (rear) section of the existing building extending a total of 110+- feet and maintaining the same nonconforming setback from the westerly (side) property line at approximately 18 feet, pursuant to the subject Site Plan Map. 4. It is noted for the record that reviews have been made and are pending by the Planning Board indicating their general acquiescence with the building and parking layout. 5. In considering this application, the Board finds and determines that: (a) the use requested will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent-use districts; (b) the use will not adversely affect the safety, health, welfare, comfort, con- venience or order of the Town; (c) the use is in harmony with and will promote the general purposes and intent of zoning. 6. The Board has also considered subsections (a) through (1) of Article XII, Section 100-121C(2) of the Zoning Code in making this determination. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Special Exception as applied for the autoparts sales, added storage, and engine rebuilding uses, as shown by the July 23, 1988 Site Plan Map submitted in the Matter of Application No. 3774 - H & S Associates. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Doyen. (Member Sawicki was absent due to serious family illness. Member Dinizio abstained.) This resolution was duly adopted. GERARD P. GOEHRINGER CHAIRMAN lk Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1609 APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARLESGRIGONIS, JR. SERGE DOYEN, JR. ~JOaSEPHI'[..SAWIC~I mes U1RIZIOs Jr. October 7, 1988 H & S Associates, Inc. P.O. Box 915 Cutchogue, NY 11935 Re: Appl. No. 3774 - Special Exception Gentlemen: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals. A copy of same has also been furnished with the Building Inspectors' and Planning Board Offices for their files. Please be sure to return to the Planning Board, Building Department, and any other agencies for issuance of appropriate approvals and permits which are deemed necessary pursuant to law. 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 Planning Commission Mr. Gerald Goehringer Chairman Zoning Board of Appeals Town of Southold Town Hall Main Road Southold, N. Y. 11971 Re: District Section Block Lot Dear Mr. Goehringer and Members of the Zoning Board of Appeals: The undersigned are the owners of premises located 'on the northerly side of the Main Road, Cutchogue, New York, adjacent on the west to property of Pinewood Perenial Gardens (H. Reinecker and Sandy Freeman). We understand that our neighbor aforesaid has made application to your Board for a variance to place certain structures close to our westerly lot line. Please be advised that our home is on our property and my family and the undersigned reside thereon. We strongly object to any variance relative to side line or lot line set backs being reduced beyond the limits allowed in the Southold Town Zoning Code. Very truly yours, -Jo/h~ G. Scott, III Sahara ~o Scott / DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 LEE E. KOPPELMAN DIRECTOR OF PLANNING October 14, 1988 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) &on T. Beebe eph Spitaliere S Associates 3739 3765 3774 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE, EL, NEW YORK I 1788 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: DATE: RE: Southold Town Board of Appeals Southold Town Planning Board ~ October 4, 1988 H & S Associates, Robert and Diana Baker, John Beebe, Cutchogue Garms LTD. a/k/a Gristina Vineyard & S Associates (Rienecker and Friemann) 1000-102-2-24 Please see correspondence to Mr. Friemann from Planning Board dated 10/4/88 which recommends that he pursue a Special Exception to expand a non-conforming use. Robert and Diana Baker 1000-55-6-9 The Planning Board has no jurisdiction John Beebe 1000-103-3-5 The Planning Board has no comments, however, would like to note that this is located within the approved subdivision Moose Cove at East Cutchogue, which contains predominantly half acre lots. Cutchogue Farms Ltd. a/k/a/ Gristina Vineyard 1000-109-1-13 The Planning Board finds the plan dated as amended 8/16/88 acceptable. Please see colored map submitted by the applicant which locates the existing vegetation to be supplemented with an evergreen buffer. JAMES A, SCHONDEBARE TOWN ATTORNEY ROBERT H. BERNTSSON ASSISTANT TOWN A'i'fORNEY OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box I 179 Southold, New York 11971 TELEPHONE (516) 765-1939 TO: FROM: DATE: REF: Supervisor Murphy Robert H. Berntsson, Assistant Town Attorney Sept. 26, 1988 Rienecker and Friemann You have inquired as to the required setback for the expansion of a building which preexists zoning and does not meet the required minimum setbacks of the Bulk and Parking Schedule. Since the existing building did not meet the minimum requirements, the same is a nonconforming structure. Any enlargement or expansion at less than the minimum requirements would be an expansion of a nonconformity. Such expansion requires approval by the Zoning Board of Appeals. Please feel free to contact me if you have any questions. cc: Planning Board ng Department RHB:jas VICTOR LESSARD EXECUTIVE ADMINISTRATOR (516) 765-1802 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD September 27, 1988 TO: Zoning Board of appeals FROM: Building Department SUBJECT: Side yard set-backs Your ~eque~CN 2-~ee~-ago--~-~n the Building Department's position with reference to side yard set-backs is, and has been since zoning was established, as follows: Any building that existed prior to zoning and not conforming to present Bulk and Parking requirements, (which have been changed periodically by Town Board resolutions) are non-conformities. The policy and procedures followed by this department, since the inception of Zoning, has been to allow the applicant to add on or extend structures, within that non- conforming set-back, provided they do not further encroach on the side line set-back. This is very prevalent in the Business and Residential areas. I trust this clarifies the present position of the Building Department. VGL:hdv Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFIC~ TOWN OF SOUTHOLD 09/17/88 NEGATIVE DECLARATION Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act and 6NYCRR part 617, Section 617, Section 617.10 and chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board, as lead agency for the Unlisted action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The site plan for Henry Rienecker & Sanford Friemann located on the Main Road at Cutchogue. SCTM #1000-102-2-24. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Further information can be obtained by contacting Jill M. Thorp, Secretary Southold Town Planning Board, Main Road, Southold, NY 11971. Copies mailed to the following: Suffolk County Department of Health Services Suffolk county Planning Commission NYS Department of Environmental Conservation Thomas C. Jorling, DEC Commissioner Town Board Judith Terry, Town Clerk Building Department Board of Appeals Board of Trustees Applicant Planning Board JAMES A. SCHONDEBARE TOWN A~rORNEY ROBERT H. BERNTSSON ASSISTANT TOWN ATTORNEY OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box l 179 Southold, New York 11971 TELEPHONE (516) 765-1939 TO: FROM: DATE: REF: Gerry Goehringer, Chairman, ZBA James A. Schondebare, Town Attorney August 22, 1988 Pending Site Plan Applications A retail store is allowed in a B-1 district under Section 100-70 A.(1)(c), which refers back to Section 100-60 A(2) to (9) of the B-Light Business District. Section 100-60 A(4) allows as a permitted use, retail stores. Hence, retail store is a permitted use in the B-1 zone, subject only to site plan approval. The Code specifically states that an auto repair shop is a principal use allowed in the B-1 zone by special exception of the Board of Appeals under Section 100-70 B(4). This Section mentions "public garages". The term is specifically defined in Section 100-13 as follows: Garage, Public - A building, other than a private garage, used for housing or care of gasoline or other power-driven vehicles, or where such vehicles are equipped for operation, repairs, or kept for remuneration, hire, or sale. I concur with your opinion that the creation of an auto repair shop would be a second principal use on the premises, and not accessory. Also, the establishment of an auto repair shop needs a special exception by the Board of Appeals. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. 3OSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE RrlAD 25 r::rlUTHr'ILD. L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 INTERDEPARTMENTAL MEMORANDUM TO: FROM: DATE: SUBJECT: James A. Schondebare, Town Attorney Jerry Goehringer, Z.B.A. Chairman August 18, 1988 Pending Site-Plan Application Sanford H. Frieman d/b/a H & S Associates Auto Parts Store, N/s Main Road, Cutchogue B-1 Zone District The attached inquiry was recently received by our office. It is our understanding that the Planning Board has a site-plan application pending for a substantial addition to the auto parts store, and the uses of the addition are varied. We feel that although the auto parts store was permitted for retail use, without the necessity of a special exception, that the creation of the engine repair shop constitutes a second principal use (rather than an accessory use in part of the principal building). Such use does appear to fall within the category of Section 100-70B(4) or (6), both of which require Special Exception approval by the Board of Appeals. Before confirming the above with Mr. Friemann, we ask your position concerning same. AugustlO, 1988 Southold Town Z.B.A. To Whom it May Concern: A proposed site plan is presently before the Town Planning Board, awaiting approval for a proposed addition to Cutchogue Auto Parts. The intended use for this addition which is 48'x100' is as follows: approximately 1/3 or 48'x32' for added storage for the auto parts store, and 48'x68' or 2/3 for an engine repair shop, where all work will be done on the inside of the building. Presently starterS, generators and alternators are being repaired on this site, which is located on the corner of Sterling Lane and RTE 25 in the hamlet of Cutchogue, and is zoned B-1. The intended use of this new additon will be within the permitted use of B-1 property zoning. The Suffolk County tax map # is 1000-102-24. We would appreciate your checking this situation for us and give us a letter stating that the above is in fact within the allowable course of business within the B-1 zoning laws, so that we can proceed with our proposed addition without further delay. Sanford ~. ~rieDa~n H & S Associates Box 915 Cutchogue, NY 11935 734-6911-6912 RECEIVED 2 4 lg88 ~.sh,~!~ ?~.,,.,~ ClArk STARKIE BROTHERS CUSTOM LANDSCAPING INC. 721 MAIN STREET FARMINGDALE, NEW YORK 11735 516-293-7148 August 22, 1988 SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, NY 11971 Re: Special Exception For "H & S" Associates, P.O. Box 915, Cutchogue, NY 11935:: To Whom It May Concern; Please let the record show that John & George Starkie, owners of adjacent property (1750 Sterling Lane) to the above, have no objections. Thank you for your cooperation. Sincerely, George H. Starkie cc: H & S Associates GHS/ch Copies to the following on or about 9/21/88: Mr. Joseph Spitaliere (picked up personally 9/21/88) Environment East, Inc. as Agent for Frank and Sandra Curran as Agent for John J. Jessup 3075 Indian Neck Lane Peconic, NY 11958 J. Kevin McLaughlin, Esq. as Attorney for Tony Scarmato, Inc. 828 Front Street, Greenport, NY 11944 Mr. Wilbur Klatsky, The Cove at Southold, 5044 Expressway Drive South, Ronkonkoma, NY 11779 Mr. and Mrs. Alvan Terry, Box 35, Main Road, Peconic, NY 11958 Re: The Cove at Southold - Sign Mr. Theodore S. Kudlinski, Jr. 605 Highwood Road, Box 1052, Southold, NY 11971 Mrs. Elsie D. Young 480 Grisson Lane, Southold, NY 11971 Abigail A. Wickham, Esq. as Attorney for John T. Beebe Main Road, Box 1424, Southold, NY 11971 Mr. and Mrs. Robert Baker 2900 Boisseau Avenue, Southold, NY 11971 Mr. and Mrs. Peter Markopoulos 605 Sound Beach Drive, Mattituck, NY ~1951 Richard F. Lark, Esq. as Attorney for Cutchogue Farms Ltd. Main Road, Box 973, Cutchogue, NY 11935 J. Kevin McLaughlin, Esq. for Petrol Stations Re: 828 Front Street, Box 803 Greenport, NY 11944 as Attorney Cutchogue Farms Ltd. Mr. Allan P. Shope as Architect for Denis O'Brien 18 West Putnam Avenue Greenwich, CT 06830 Mr. and Mrs. Brett Kehl 5500 Main Bayview Road Southold, NY 11971 Mail List continued for October 6, 1988 Legal Notice: ~p & S Associates .O. Box 915 Cutchogue, NY 11935 Mr. and Mrs. Howard Brodis 435 Eastward Court Mattituck, NY 11952 Suffolk Times, Inc. Main Road Mattituck, NY 11952 L.I. Traveler-Watchman, Traveler Street Southold, NY 11971 Inc. Individual ZBA files ZBA Members Building Department (V. Lessard) Supervisor and T.B. Members Town Attorney Town Clerk Bulltin Board (west side) Z.B.A. Bulletin Board (east side) JUDITH T. TERRY To; F rom: Dated: OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD Southold Town Zoning Board of Appeals Judith T. Terry, Southold Town Clerk August 30, 1988 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 Transmitted herewith is Zoning Appeal No. 3774 application of H & S Associates 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 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold torequesta (Variance)~j~ecial E~xception~gJ~Special Permit) (Other) [circle choice] ). 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: 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: $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article ~//! ~e~t~.c~ /~O ~ "?0 r~ [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-wRy. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 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 mu~t be published at least five days~pl'ior to the'date of such hearing in the Suffolk Times andin 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: Petitioner Owners' Names Post Offic~ddress Tel. No. [Copy of sketch purposes.] or plan showing proposal to be attached for convenience NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 976 706 367 RECEIPT FOR CERTIFIED MAIL STATE OFNEWYORK) COUNTY OF SUFFOLK) P 976 70~ 368 RECEIPT FOR CERTIFIED MAIL P 976 706 133 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MA~L (See Reverse) ~ r~o~ / ~, //~ ~ . bein~ duly sworn, d~ and ~ys that on the /~day of ~p~ ,19 ~ , deponent mailed a true copy of the Notice ~t forth on the re- verse side hereof, directed to each of the above-named ~rsons at the addres~ set opp~ite thor rm~tive name; that the addresses set opposite the names of said persons are the addr~ of said ~ons as shown on the current ass~sment roll of the Town of Southold; that said Notic~ were mailed at the United Stat~ Post rice at ~w~6o~ . ~. //9 ~ ~ ; that saidwere~a~Notices were ailed to each of ~id persons by (certified) (registered) mail. ' Sworn to.fore me this ~ot~r~ Public ~o. 52-68067~0 Quolified in 8u~ol~ (This side does not have to be completed on form transmitted to adjoining property owners.} PROJECT I.O. NUMBER "~ / 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) ~. APRL,C~,T/SPO.SOR . 2. PROJECT NAMB 3. PROJECT LOCATION: 4. PRECISE LOCATION (Street address and road intersections, prominent'land~arks, etc., or provide map) SEQR 5. IS PROPOSED ACTION' New ~-r..x p a n slo n [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately WIL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? es [] NO If NO, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial ~Commercial Describe: r~Par~ForestlOpen space []Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMBNTAL AGENCY (FEDERAL, STATE OR LOCA~ [] Yes ~No If yes, list agency(s) and permit/approvals 1 t. DOES ANY ASPAS_P.~T OF THE ACTION HAVE 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 REQUIRE MODIFICATION? [] Ye, 'l~i~N o CERTIFY THAT THE iNFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment 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 this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order ~o 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) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? 2. Will there be a major change to any unique or unusual land form on the site? __Yes 3. Will project alter or have a large effect on an existing body of water? Yes ~/No 4. Will project have a potentially large impact on groundwater quality? Yes 5. Will project significantly effect drainage flow on adjacent sites? . Yes C/No 6. Will project affect any threatened or endangered plant or animal species? Yes ~/No 7. Will project result in a major adverse effect on air quality? Yes ~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 com~nunity? Yes U~No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologiual importance or any site designated as a critical envirc~mental area by a local agency? Yes 10. Will project have a major effect on existing or future recreational opportunities? Yes 11. Will project result in major traffic problems or systems? cause a major effect to existing transportation Yes /No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? __Yes ~No 13. Will project have any impact on public health or safety? Yes &/No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes ~No period or have a major negative effect on the - charact~ of the community or neighborhood? 15. Is there public ~roversy Concerning the project? // ~,f Yes Preparer' s ZBA ~/75 LOT · (:ON~ULI' YOUP. LAW~'I~R I~llfQfl ?IGNINO Till] IHSTRUMIflT · TIll? IHST~UUIHT ~IIOULD Il UIID IY LAWYI~? ONLY THIS INDEN~R[, made the 17 ~h day of June , nineteen hundred an~igh~y BETWEEN WILLIAM B. STERLING, residing at (no #) Harbor Lane, Cutthogue, New York pa~yofthefirstpart, and Sanford H. Friemann, residing at (no #) Pinewood Ro~ Cutchogue, New York and Henry F. Rienetker, residing at (no #) East- wood Road, Cutchogue, New York, as tenants in common, each as to an undividec 1/2 interest. party of the second part, WITI~F.~$ETI-t, that the party of the first part, in consideration of ......... TEN ..... ~ ..................... JUN ~ 0 $980 TR~,N~SI~R TAX SqJFPOLK COUNTY dollars, lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and asslgns 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 Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point in the northwesterly side of Main Road and the southwesterly corner of land of S & E Realty Company; RUNNING THENCE South 51° 28' 10" West along tile northwesterly side Main Road 132.0 feet; THENCE along land of Scott (1) North 43° 17' 50" West 1,320.0 feet; (2) North 51° 28' 10" East 132.0 feet; (3) North 43° 17' 50" West 556.0 feet to land of Paul Orlowski; THENCE North 47° 11' 10" East along land of Paul Orlowski 544.42 feet; THENCE South 43° 38' 30" East along land of Lmbrtano 1,240.19 feet to land of New York Telephone Company; THENCE along land of New York Telephone Co; and land of S- & E Realty Company South 47° 06' 20" West 551.90 feet; thence along land of S & E ~ealty Company South 43° 17' 50" East 635.08 feet to the northwesterly side of Main Road, the point or place of BEGINNING. TOGETHER with a right of way 11 fee~ in width over land of G. T. Billard Estate and partly along other land of Sterling along the' northeasterly line of the premises extending from the Main Road northwesterly .770.08 feet; SUBJECT TO a right of way 11 feet in width adjoining said land of G. T. Billard EsBate along the northeasterly line of said premisos and extending from the Main Road northwesterly ad istance of 635.08 feet and continuing along other land of Sterling 135.0 ~eet; and cc 'tinuing northwesterly at a width of 22 feet a distance of 549.92 fe and continuing further northwesterly at a width of 11 feet a distan of 556.0 feet. SUBJECT TO' rights of way of o~hers in 22 foot right' of way as shown on survey of ~an Tuyl & Son dated July .6, 1971. ? STATE OF NEW YORK, GOUNMmlI~F Suffo'l k ss, O. the 17thdny of June 1~0 , before me ~rsonally ~me Willi~ B. Sterling to me known to be the individual described in and who executed the foregoingAnstrument, and acknowledged that he executed the same. ....... ' ..... Notary Public NOTARY PUBLIC, State of New Yom No. S2-~1~11 r Quc]lified in Suffolk Couh~ Term Expires March 30, STATE OF NEW YORK, COUNTY OF SS: On the day of 19 , before me personally came to me known, who, being b7 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 of the board of directors of said corpora- tion, and that he signed h name thereto by like order. STATE OF % YORK, GOUHTY OF Suffolk SSi On the 17th day of June 1980 , before me ~earSOr~ally Came nzord H. Friemann and Henry F..RteneckeT.- to mc known to be the individualS described in and wllo executed the foregoing instrument, and acknowledged that they executed the -~'"'~~NotazT Pub STATE OF NEW YORK, COUNTY OF SS: 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 N'o. ; that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. Bargain attil l ale Deell WITH COVENANT AGAINST GRANTOR'S ACTS 'rlTLE NO. WILLIAM B. STERLING TO SANFORD F. FRIEMANN and HENRY H. RIENECKER I1 STANDARD FORM ........ Il _ ff NEY/YORK BOARO OF TITLE UNBLIIWRITERS Recorded By: II'MFE TITLE INSURANCE Company of New York 127 W, Main Street Riverhead, N.Y, 11901 SECTION BLOCK LOT COUNTY OR TOWN Recorded at Request o! Return by Mail to Richard Cron, Esq. Hain Road Cutchogue, N. Y. 11935 Zip No. QUESTIONNAIRE TO BE COMPLETED AND SUB~IITTED ~TIt YOUR APPLICATION ~.'0~.'1S TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes ~ 2.a)Are there (Attached Town Code, b)Are there any areas which contain wetland grasses? is a list of the wetland grasses defined by /~ Ch. 97 for your reference.) Yes any areas open to a waterway without bulkhead? Yes 3. Are there existing structures at or below ground level, such as patios, foundations, etc? Yes Q Are there any existing or proposed fences, cDncrete barriers, decks, etc? If project is proposed for an accessory building or structure, is total height at more than 18 f~et above average ground-~l? State total: /~-" ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ft. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit # and Nature: Yes Yes ~ Yes ~ Yes Q Yes ~ Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other No NO Yes No Yes No Yes No Yes No Yes No 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) 11. Is new construction proposed in the area of contours at 5 feet or less as exists? 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes Yes ~ Yes 13. Please list present use or operations conducted upon the subject property at this .time ~)~6Z~.~ and proposed ~o~,~6z~i ~ ~/~,~ Please submit photographs for the record. I certify that the above statements are true and are being submitted reliance by the Board of Appeals in conquering my a~pl~ication. Signature (Property Owner) ~/u~or~Vzed Agent%/ for 1/88 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976 3-26- 85 by L.L. No. 6-1985]: A. TIDALWETI,ANDS: (1) All lands generally covered or intermittently cov- ered with, or wbicb bord~,r on, tidal waVars, or lands lying beneath tidal waters, which at mean Iow title are covered by tidal waters to a maximum depth of five (5) feet. including but not limited ~ banks, bogs, salt marsh, swamps, meadows, flats or other Iow lying lands subject to tidal action: (2) All banks, bogs, mead~ws, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt bay, black grass, saltworts, sea lavender, tall eordgrass, high bush, cattails, groundsol, marshmallow and low march cordgrass; and/or (3) All land immediately adjucent to a tidal wetland as defined in Subsection At2) and lying within seven- ty-five (75) feet landward of the mast landward edge of such a tidal wetland. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 2,1, Ti- tle 1, § 24-0107, Subdivisions 1(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- land," as defined in Subsection B(1) and lying' with- in seventy-five (75) feet landward of the most land- ward edge of a "fi eshw: ter we£land.' 9705 (516) 765-1802 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD TO: Bennett Orlowski, Planning Board Chairmal~ FROM: Victor Lessard, Executive Administrator SUBJECT: Rienecker/Frieman 102-02-24 DATE: August 1, 1988 Revised site plan now indicates machine shop instead of all storage, and must be considered a shopping center(100-62). This requires Special Exception from the Zoning Board of Appeals. If the new structure does not encroach any more than the present structure, variances would not be required for bulk & parking. A S.E.Q.R.A. determination would have A Right-of-Way and the drainage needs least to the north end of the parking area. could be designed in the new rear parking area to satisfy any Water problems from the Right-of-Way. to be made. to be addressed, at Possibly a drain A revised site plan is required.VL/lmr Town Hall, 53095 Main Road P.O. Box 1179 $outhold, New York 11971 TELEPHONE ($16) 765-1938 PLANN~G BOARD OFFICE TO~ OF SOUTHOLD MEMORANDUM TO: FROM: RE: DATE: Victor Lessard Planning Board Rienecker/Friemann, SCTM# 1000-102-2-24 July 29, 1988 Enclosed please find a copy of the proposed plan for the above mentioned site plan. We have been notified by the applicant that he has received verbal notification from Jerry Goehringer of the ZBA that an automotive engine machine shop falls within the B-1 zoning requirements. This was in response to the Board's request that the applicant apply for a Special Exception to expand the use. See the attached note from you regarding this. Before the Planning Board proceeds with its review, they would like to receive a written interpretation of what steps the applicant must take. enc. Map Southold, N.Y. 11971 (516) 765-1938 July 18, 1988 Sanford H. Friemann Main Road Cutchogue, NY 11935 RE: Rienecker/Friemann Proposed site plan amendment SCTM ~1000-102-2-24 Dear Mr. Friemann: The Planning Board reviewed the above mentioned file as per your request at their last work session. The Plan as submitted is inadequate and needs to be improved before the Board can continue with their review. Under .previous cover, on March 9, 1988, you were sent a list of necessary revisions along with a site plan checklist. Enclosed please.find a copy of a similar site plan which illustrates the information the Board is looking for on a site plan. In addition, the Board would like a detailed grading and drainage plan for the site. In answer to your question about the parking area, the Board is in agreement with using blacktop covered with bluestone. If you have any questions, please do not hesitate to contact this office. ly yours, CHAIRMAN $onthold, N.Y. llgT1 (51fi) March 9, 1988 Sanford H. Friemann Main Road Cutchogue, New York 11935 RE: Expansion of existing site formerly known as Pinewood Nurseries. SCTM 9 1000-102-2-24 Dear Mr. Friemann: The above referenced site plan (amended and signed by Laurence M. Tuthill on 12/17/87) was reviewed by the Planning Board. The following changes to the plan are requested: 1. Show on-site drainage for all parking areas, existing and proposed; 2. show parking and drainage calculations as per Town standards; show proposed landscaping including street trees, type of lighting (height of fixture, space type), well head, electric service, location of sanitary system. 4. show property boundaries (metes and bonds) and zoning line. o state proposed use(s) of existing and proposed building area (include breakdown by number of businesses, type of business, square footage per business). 6. topographic information; existing and proposed grades and building elevation. 7. elevation drawings of proposed structure. Upon receipt of six copies of a revised, complete site plan, the Planning Building will proceed with its review. The enclosed check list may be useful in drawing up the site plan. Very truly yours, BENNETT ORLOWSKI , J~ CHAIRMAN~ SOUTHOLD TOWN PLANNING BOARD jt ¢ P~I~D Southold, N.Y. 11971 (516) 765-1938 February 25, 1988 Mr. Sanford Friemann Main Road Cutchogue, NY 11935 RE: Proposed expansion of Rienecker & Fr±emann Site Plan SCTM # 1000-102-2-24 Dear Mr. Friemann: The Town Attorney's office has just notified this office that more information is needed regarding the two (or three) rights of way on your property. Specifically, they have requested the following: 1. all property deeds relating to the rights of way, 2. any surveys depicting the rights of way, 3. any metes and bounds descriptions of said rights of way. Your property deed refers to a survey of the rights of way prepared by Van Tuyl & son on July 6, 1971. A copy of same should be submitted also. Please send the above noted information to my office, so that I may respond to the Town Attorney's office. Enc: c~: Planning Board jt Sincerely, Town Planner JAMES A. SCHONDEBARE ROBERT H. BERNTSSON ASSISTANT TOWN ATTORNEY 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 MEMO To: Valerie Scopaz, Town Planner From: Robert H. Berntsson, Assistant Town Attorney Date: February 24, 1988 Subject:Henry Rienecker & Sanford Friemann Sit Plan You requested an opinion with regard to the above mentioned site plan. Specifically, the question was whether the Planning Board could grant site plan approval of the proposed expansion of the existing site where access is over two rights of way. In order to give an opinion, it is necessary to have additional information regarding the rights of way. Please supply any and all deeds relating to these rights of way. Also include any surveys depicting the rights of way and any metes and bounds descriptions. If you have any questions, please contact me. TO: DATE: SUBJECT: ( c PINEWOOD Main Road Cutchogue, New York 11935 734-6911 734-6912 Dec. 14, 1987 ValeriE Scopaz Southold Town Planner After reviewing the amendments which you relayed to me from the board, I feel there are two areas which I would ask you to reconsider. 1. Although ~ere is much merit in the establishment of one are~for ingress and egress, I feel that in this situation, because of the narrowness of the State Highway and the many accidents that occur at the entrance to King Kullen Shopping Plaza, we by adding a concentrated inlet/outlet, would compound an existing problem. However we would be willing to establish separate ingress/ egress openings to smooth~and efficiently allow the flow of traffic off and onto State Highway Rte. 25. 2. The pre-exissting parking areas are constructed with . bluestone blend and therefore provide adequate per- culation of surface water. We feel that astheticly the spot addition of blacktop parking areas and drive- way to proposed building addition will not only detract from surrounding area but will create an unecessary surface water problem and add an unecessary expense. With construction of dry wells for roof run-off water, drainage and run-off will be contained. 3. The right of way is privately owned. Should you have any further questions pretaining totthis site feel free to get in touch with me. I would make myself availabe to you at any time. Respectful~y~ Submitted, Sidney B. Bowne, P.E.. L.S. (1922-1959) Chester C Kelsey. P.E., kS, Alexandre W. Mercil. P.E. Robert A. Stanton. P.E. Robert W. Brown. L.S. George A. Style, PE. Jerry D. Almont, P.E. George L Fagan. Jr.. Ph.D., P.E. Thomas R. Pynchon. ES. SIDNEY B. BOWNE & 45 Manor Road Smithtown, N.Y. 11787 (516) 724-0611 August 17, 1988 Roland Ar~ders Frank Capobianco Roger L Cocchi Francis J Lynch Philip Schlolzhauer Joseph F Stegman Paul F Stevens Mr. Bennett Orlowski, Jr., Chairman TOWN OF SOUTHOLD Planning Board 53095 Main Road - Southold, New York-- 11971 Re: Site Plan for Rienecker & Friemann Cutchogue, N.Y. S.C.T.M. 1000-102-02-24 Dear Sir: We have reviewed the drainage design on the above referenced site plan. Our comments and recommendations are as follows: 1. Connect the 2 drainage pools in the existing parking area. 2. The parking area in front of the proposed machine shop should have a minor swale to direct runoff to the drainage pool at the north end of the site adjoining Sterling Lane. More grades should be provided. -- Contact our o~fice if you have any questions regarding this matter. Very truly yours, SIDNEY B. BOWIE & SON CONSULTING ENGINEERS ~dHN W. KOHN . ' JWK:rp c.c.Ray Jacobs Ray Dean SBB # 87331 MINEOLA · SMITHTOWN · NEW YORK CITY · CLEARWATER TO: FROM: ADDRESS: Signature JAMES A. SCHONDEBARE TOWN ATTORNEY ROBERT H. BERNTSSON ASSISTANT TOWN A"[TORNEY 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: Supervisor Murphy Robert H. Berntsson, Assistant Town Attorney Sept. 26, 1988 Rienecker and Friemann You have inquired as to the required setback for the expansion of a building which preexists zoning and does not meet the required minimum setbacks of the Bulk and Parking Schedule. Since the existing building did not meet the minimum requirements, the same is a nonconforming structure. Any enlargement or expansion at less than the minimum requirements would be an expansion of a nonconformity. Such expansion requires approval by the Zoning Board of Appeals. Please feel free to contact me if you have any questions. cc: Planning Board Z~~ngDepartment RHB:jas ,gl s~l. 90 T~I_,.~-?IqONt~ ',.7-.C,: -/ 'I