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HomeMy WebLinkAbout3726 Southold Town Board of Appeals MAIN ROAD-STATE ROAD 2S SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI ACTION OF THE BOARD OF APPEALS Appeal No. 3726 TO: Cliff and Phil's Lobster House, Inc. 50 North Sea Drive Southold, NY 11971 At a Meeting of the Zoning Board of Appeals held on June 9, 1988 the above appeal was considered, and the Action indicated below was taken on your Request for a Variance to the Zoning Ordinance, Article VI, Section 100-60C: Upon application of CLIFF & PHIL'S LOBSTER HOUSE for permission to erect off-premises-advertising sign for restaurant (previously Beachwood Cafe) {replacing previously existing off-premises advertising sign for premises identified as 1000-59-10-3). Location of new sign: South side of North Road or C.R. 48 at Peconic, NY; 1000-59-10-4. WHEREAS, a public hearing was held and concluded on June 2, 1988 in the Matter of the Application forCLIFF & PHIL'S LOBSTER HOUSE;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: ( CONTINUED ON NEXT PAGE) Page 2 - Appeal No. 3726 Matter of CLIFF & PHIL'S LOBSTER HOUSE Decision Rendered June 9, 1988 1. The property in question is identified on the Suffolk County Tax Maps as District 1000, Section 59, Block 10, Lot 4, containing a total area of 0.3263 acres with 54.21 ft. frontage along the south side of County Road 48, Southold, near Peconic. The subject premises is located in the "B-Light Business" Zone District. 2. By this application appellant requests a Variance to the Zoning Ordinance, Article VI, Section 100-60C for approval of the location of an 4 ft. x 6 ft. ground sign to be located a minimum of ten feet from the north property line and 15 feet from the easterly property line as more particularly shown on sketched survey of Edward F. Koster, Owner. The sign is proposed to advertise "Cliff and Phil's Lobster House" which is located at the end of Kenny's Road, Southold. This sign will replace a previously-existing off-premises sign of "Beachwood Cafe" which was located a few feet away to the east upon premises identified on the Suffolk County Tax Maps as District 1000, Section 59, Block 10, Lot 3. 3. It is the position of this Board that: (a) the relief requested is not substantial; area; (b) the project is not out of character with the general (c) the circumstances of the property are unique; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town; (e) there is no other method feasible for appellant to pursue other than a variance; (f) in view of all the above factors, the interests of justice will be observed by the grant of the variance. Accordingly, on motion by Messrs. Grigonis and Sawicki, seconded by Mr. Douglass, it was Page 3 - Appeal No. 3726 Application of CLIFF & PHIL'S LOBSTER HOUSE Decision Rendered June 9, 1988 RESOLVED, TO GRANT a Variance for the placement of an off-premises advertising sign for "Cliff and Phil's Lobster House" Restaurant as applied under Appl. No. 3726, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Size of sign shall not exceed 4' by 6'; 2. Sign shall not be lighted; 3. No other off-premises-advertising signs shall be permitted for this premises; 4. The setbacks of the proposed sign be not less than 10 feet from the front property line and not less than 15 feet from the side property line; 5. This approval shall be subject to all other applicable rules and regulations for ground signs as listed under Section 100-60C{2} of the Zoning Code, and federal, state, county, and other laws; 6. Any change of the wording of this sign for any other business or other activity shall require re-application and re-consideration. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. lk GERARD P. GOE~NGER, ~RMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK Town Cle:rk, Town of Southold NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Special Meeting a~ the Southold Town Hall, Main Road, Southold, New York, on THURSDAY, JUNE 2, 1988 at the foll6wing times: 7:30 p.m. Appl. No. 3718 - PATRICIA STEGNER. Variance to the Zoning Ordinance, Article XI, Section 100-119.2B for permission to locate new dwelling with an insufficient setback from existing bulkhead. Location of Property: 470 Private Road #12 (off the South Side of Main Bayview Road), Southold, NY; County Tax Map Parcel No. 1000-78-6-5 and 10.2 (now 10.3). 7:35 p.m. Appl. No~ 3723 - ANGE[O SPETSIOTES. Variance to the Zoning Ordinance, Article XI, Section 100-119.2B for permission to construct deck addition at rear of dwelling with an insufficient setback from existing bulkhead at Budd's Pond, 1045 Budd's Pond Road, Southold, NY; Willow Point Subdivision Lot #11; County Tax Map Parcel No. 1000-56-5-13.1 (or 13). 7:40 p.m. Appl. No. 3732 - ROBERT E. BIDWELL. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(14) for a Winery for the production and retail sale of wine produced from grapes primarily grown at the Bidwell_Vineyards, premises located at the South Side of C.R. 48, Cutchogue, NY; County Tax Map Parcel No. 1000-96-4-4.3 (prev. p/o 4.1). 7:45 p.m. Appl. No. 3717 FREDERICK KOEHLER, JR~ Variance to the Zoning Ordinance, Article XI~ Secti6n lO0~ll9.2B for per- mission to locate accessory structure ~lohg existing bulkhead at Cutchogue Harbor, premises known aa 575 ola Harbor Road, New Suffolk, NY; County Tax Map Parcel No. 1000-117-3-6. 7:50 p.m. Appl, No. 3729 GEORGE R. FURSE. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for: (a) approval of insufficient lot area of proposed Lot #2; (b) approval of insufficient lot depth of proposed Lot #2; (c) approval of yard setbacks as apply from the new division line to the existing dwellings. Location of Property: Right-of-way off Bell Hill Avenue, Fishers Island, NY; County Tax Map Parcel No. 1C00-009-03-002, containing 3.64± acres. Page 2 Notice of Hey~ngs Southbld Town Board o~Appeals Special Meeting - June 2, 1988 8:00 p.m. Appl. No. 3730 ESTATE OF DOROTHY RUSSELL. Variances to the Zoning Ordinances Article III, Section 100-31 Bulk Schedule for: (a) approval of insufficient lot area of proposed Lot #1 and Lot #2; (b) approval of insufficient lot depth of proposed Lot #2; (c) approval of insufficient yard setbacks as apply from the new division line to the existing dwellings. Location of Property: North Side of Beach Avenue and Wes~ Side of Heathulie Avenue, Fishers Island, NY; County Tax Map Parcel No. 1000-009-11-9.1 (prev. 9), containing 2± acres. 8:10 p.m. Appl. No. 3731 NORTH FORK COUNTRY CLUB. Variance to the Zoning Ordinance, Article III, Section 100-32 for approval of the placement of accessory gazebo structure in the frontyard area, premises known as 2§650 Main Road, Cutchogue~ NY; County Tax Map Parcel No. lO00-109-4-Lots 1, 3, 4, and 7.- 8:20 p.m. Appl. No. 3727 DOROTHY ABBOTT. Variances to the Zoning Ordinance: (a) Article III, Section 100-31, Bulk Schedule, and (b) Article XI, Section 100-119.2A, for approval of attached deck with an insufficient easterly sideyard setback and insufficient setback from top of bluff along the Long Island Sound, premises known as 380 Private Road No. 3 (extending off the West Side of Rocky Point Road), East Marion, NY; County Tax Map Parcel No. 1000-21-1-2. r 8:30 p.m. Appl. No. 3726 CLIFF & PHIL'S LOBSTER HOUSE.~ Variance to the Zoning Ordinance, Article VI, Section lO0-60C / for permission to erect off-~remises-advertising sign for ! restaurant Cpreviously Beachwood Cafe). Location of Premises for Sign: South Side C.R. 48, Southold, NY; County Tax Map Parcel No. 1000-59-10-¢. (Owner: Edward F. Koster)~ 8:35 p.m. Appl. No. 3721 RUSSELL E. PLANITZER. Variances to the Zoning Ordinance, Article III, Section 100-32 for permission to locate pool, fence enclosure, pergola structure, and part of garden enclosure, in the frontyard area. Location of Property: Private Road, Wilderness Point, Fishers Island, NY; County Tax Map Parcel No. 1000-12-2-6.5, 6.9 (prey. 6.6). The Board of Appeals will hear at said time and place any and'all representatives or persons desiring to be heard in each of the above matter~. Each he~ring will no~ start before the time allotted. Written comments may be submitted prior to th6 conclusion of the subject hearing. For more information, please call 765-1809. DATEDi May 12~ 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda ~o.walski, Board Secretary TOWN CLERK'S OFFICE $OUTHOLD. N.Y. NOT~CE OF DISAPPROVAL Date .¢.J. ti .... ~... ~.~ ~2~. ~...~ ~.~.~.~. ... ~ ~.~.~. ~:/, ............. ~r~sE t~xE h'O~CE that your application dated ...... ~./II ............... , m ~'~. Coumy Tax ~ap No. ~000 Section ...... ~ .... Block ....... ~.... Lot .....~ ...... ., 19.B.~, Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and d/sappro ed on the following, grounds ...tdH.~.h~4~... ,~:.~ .~ .. ~ .......... . APPEAL FROM DECISION OF ~LLIDINGj~__i~ 'J~8~INSPECTOR APPEAL NO. 3 7,~Q ~ Name of Appella,nt Street and Number ............. · ~...6.-u'~..~.t~. ................................................................... iIL~.Y ........... HEREBY APPEAL TO Mun ic ipa Jity 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 Municipali~ (~ PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) ]. LOCATION OF THE PROPERTY .......... i~..",~J,,~.. ,~,.~.g'...~'..~,].~, ........... Street /Hamlet / Use Dis~;i;~";~"'~;;~i~"~ District 1000 SectionS~ Block/a Lot ~ Current ~ner ~D ~65Tg~ Map No. 'Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi.nance.) Article U~ Section 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (.t/)/ 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) !has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( )./A Variance to Section 280A Subsection ( vi A Variance to the Zoning Ordinance is requested for the reason that ~ Form ZB1 (Continue on other side) REASON FOR APPEAL Conytinued, STRICT APPLICATION OF THE ORDINAN~i:-would~.p~dUCe practical difficulties or unneces- 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 ~ O ~'~(~ .L~ ~;'~S i AJ~-~'~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~ ~.~¢~.'f}[/ ~:%mZ',~'7~.'~/~- ~/~7L2 ~ STATE OF NEW YORK ) COUNTY OF ) SS Sworn to this ................. ./....~.. ...................... day of ................,~..~ .......................... ~9y~T'- Notary Public · TOWN OF SOUTHOLD PROPERTY REGORD CARD OWN ER ~TREET Vi LLAGE- DIST? SU B. LOT FORMER OWNER N '~ ,~/:2, E ACR. ~:"-~:, ~ Y CoT H'~. ~ ( , S W TYPE OF BUILDING '-~: ....... VL. FARM CO~,,' CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS AGE ' BU~ING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre TfllmbIe FRONTAGE ON WATER Woodlend FRONTAGE ON ROAD ~emdowl~nd DEPTH COLOR TRIM u~.~ I,I ~?,,."ir M. Uldg, Extension Extension Extension Porch Porch Breezeway Garage Patio Total Foundation Ext. Wolls Fire Place Type Roof Recreation Room Dormer Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway DEPARTMENT OF' PLANNING oF SUFFO-,< :l PATRICK I~. HALl=IN SUFFOLK COUNTY EXECUTIVE 360-5206 July 12, 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 Cona~ission are considered to be a matter for local determination. A decision of local detemination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) ~clhn & Evelyn Keating iff & Phil's Lobster House, Inc. 37O3 3726 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, l.l., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, ROBERT .J. DOUGLASS .JOSEPH H. SAWICKI 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: ×× Variance from the Zoning Code, Article VI , Section iO0-60C Variance from Determination of South~ld Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3726 Applicant: Cliff and Phil's Lobster House, Location of Affected Land: S/s C.R. 48, Peconic, NY County Tax Map Item No.: 1000- 59-10-3 Within 500 feet of: Town or Vii]age Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed Boundary of Existing or Proposed Other Recreation Area County, State or Federally Owned County, State or Federal Park or Land or Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to erect off-premises sign for restaurant Copies of Town file and related documents enclosed for your review. Dated: July 7, 1988 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWtCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 -q0UTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 July l, 1988 Cliff & Phil's Lobster House 50 North Sea Drive Southold, NY 11971 Re: Appl. No. 3726 Cliff & Phil's Lobster House (Variance) Gentlemen: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board ~f Appeals, the original of which has this date been filed with the Office of the Town Clerk. Please be sure to return to issuance of any permits or other be applicable. the Building Department for approvals in writing as may Please do not hesitate to call either our office (765-1809) or that of the Building Inspector (765-1802) if you have any questions. Yours very truly, Enclosure Copy of Decision to: Building ~epart~nt Suffolk bounty ymanning Commission GERARD P. GOEHRINGER CHAIRMAN ELKO MACHINE & TOOL CO., INC, INSTRUMENT COMPONENTS * EXPERIMENTAL * SHORT & LON~, RUN PRODUCTIONS 41150 NORTH ROAD · SOUTHOLD, N.Y. 11971 (516) 765-2892 April 6, 1988 Philip Karlin has permission to erect a restaurant on this company's property. sign for his Edward F. Koster President 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 RE]AD- -~TATIE RnAD 25 SOUTHDLD, L.I., N.Y. ~1~1~'7~1 TELEPHONE (516) 765-1809 May 18, 1988 Cliff and Phil's Lobster 50 North Sea Drive Southold, NY 11971 House, Inc. Re: Appl. No. 3726 - Variance (Sign) Gentlemen: This is sent as a reminder concerning the written authorization from the property owner, Edward F. Koster, which is required for the placement of the off-premises- advertising sign you are proposing at his premises along the County Road. Also, under same date hereof, we have forwarded to you a copy of the Legal Notice calendaring your hearing for 8:30 p.m. on Thursday, June 2, 1988. Please don't hesitate to call if you have any questions. Yours very truly, Linda Kowalski Southold Town Board of Appeals MAIN RnAD- STATE RDAD 25 5nUTHDLD, L.I., N.Y. 119'71 TELEPHONE (516) 766-1809 APPEALS BOARD MEMBERS June 2~ 1~88 GERARD P. GOEHRINGER, CHAIRMAN $.E.Q.R.A. CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION ROBERT J. DOUGLASS JOSEPFI FI. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3726 PROJECT NAME: CLIFF & PHIL'S LOHSTER HOUSE 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 similar project. TYPE OF ACTION: [ ,] Type II ~X] Unlisted [ ] DESCRIPTION OF ACTION: Variance for off-~remiges advertising sign for restaurant LOCATION OF PROJECT: particularly knQwn as: S/s 59-10-4 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessmen~t 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) The property in question is not located within 300 feet of tidal wetlands or other critical environmental area. Town of Southold, County of, Suffolk, more County Road 48, Southold, NY 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. (3) Information .has been submitted' 5y applicant or his agent- in- dicating that the project wil'l not involve the disturbance of wetland grasses 6r areas subject to flooding which may be considered wetlands. mc NOTICE OF HEAR , · R ~old Town H g. ' P'~' AppL ~ ~ msuffiei~. ~ dwelhne w~m ~nty Tax ~- . $outhol4 NE. eny: 470 p: ~oca~on of Pr~ ~°steO ~Wner: Edward ax~5 P-m ~n.l ~, ~iSSion to ~Cuon 100-32 for XI, Sece;~n~Ordinance a.,., fr~garden enclOSure ;~ .~d mat of dwe~. .~ecr addition rolm, Fishers Isl. ~' .~,r/derness s l~msufE_ ax Map Pare , ,-' Y, County 104~ ~ ~- ~ · ~prev. 6.6). S~cial ~;e~Tm the t,me nile,ted. 3732 _ il, Section 100 _a Winery for the nrc al the Bi~ ~p. es Primarily C.R. 48,eUC~ttth. e South Side Tax Map p cn.ogne, Ny; Steel No. 1000- led prior to the COnc/u · subject hear/no F Sion of the redden, leas 8. or more infer- DATED?Mae .c. all 765-1809. · y 12, 1988. ~Y ORDER OF THE SCUT/fOLD TOgs,4 BOARD OF APPEA GF-RARD p. GOEHRiNG~ER~, L/nda Kowalski B ~ . Oard Secreta~ STATE OF NEW YORK} COUNTY OF SUFFOLI ~hri ~l-i ns Contento of MatUtuck, h .aid County, being duly .worn, ~ that he/she b Prlnclpa: Cle~ of THE SUFFOLK TIMES, a Weekly New~paper, publbbed et Mettltud~ In the Town of Soutbeld, County o Suffolk and State of New Yetis, and that the Netine of w~leh the annexed h e printed oo1~, ha~ been rngub~ publ~had h- said New~paper once each week for 1 weeks successlvePA commencing on the 2 6 day o NOTICE OF HEARING§, NOTICE IS HEREBY OIV- EN, pursuant.to Section 267 of the Town Law and the .Code of the Town of South01~.f/the following h~inl~s will ~ held by the SOU~OLD ~WN BOARD ~-~ at a, Sped~ M~ ~old Town Hall," Msin Road, Southold, New York, on THURSDAY~ at the following times: 7:30 p.m. Appl No. 3718- PATRICIA STEG~R. Variance to th~ ~ning Or- dinance, Article ~, Section 1~119.2B for ~ission to locate n~ d~lling with an in- sufficient setback f~m ~isting bulkhead. ~cation 0f Proper- ty: 470 Private Road No. 12 (off the South Side of M~n ~i~ Road), ~uthold, NY; County T~ Map ~1 No. 1~78-&5 and 10.2 (now 10.3)~ 7:35 p.m. Appl. No. 3723- AN' . . Variance to the ~ning Or- West Si~e of Rocky Point ~ad), ~t M~ion, ~; Coun- ty Tax Map Parcel ~o. ~ ~ v~mn~ to thc ~e~mi~vertis~n~ ~or ~uth ~t~o~, ~ ~ ~9~. (Ow~r: RUSSELL ~. PLAN1TZ~Rt Variances ~o the ~nin~ Or- ~J~a~c~ A~icle Ill, ~tlon 1~-32 for permission to locate pool, fence enclosu~ pergola enclosur~ in the fmnty~ ~a. ~tion of Pro~y: P~vate Road, Wilderness ~int, Fish~ lsla~, NY; County ~ Map Parcel No. 1~-12-2-~.5, ~.9 (prey. 6.~). The Bo~ of Ap~s will hear at sai~ time an~ pla~ any an~ ~1 rep~sentatives or ~r- sons desMn~ to ~ h~ in ~ch of the above mat~. ~ch h~- in~ will not s~ ~fo~ the time allotted. W~tten ~ents may ~ suhmitt~ prior to the dusion of the su~j~ hearing. For more ~n~ormatlon, ple~e call Dated: May 12, 19~ BY ORDER OF TH~ SOUTHOLD BOARD OF APPEALS G~RARD p OO~HRING~R, CHAIRMA~ COUNTY OF SUFFOLK STATE OF NEW YORK 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 Traveler-Watchman once each week for ....................... '(... weeks successively, commencing on the ......... . .~C.~.~'. .~ ...... Sworn to before me this ............ day of ...... ........... .... .................. /L~....*~. .................... Notary Public BARBARA FORBES Notary Publie, ~tat~ ~ New York APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board o£ Appeals MAIN ROAD- STATE ROAD 25 SDUTHDLD, L.I., N.Y. 11cj71 TELEPHONE (516) 765-1809 TO WHOM It MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel fre'e to 'call our office, 765-1809. Yours very tr~ly_~, ~ ~ G'I~RA,~D P. GOEHR~-NGER ~ CHAIRHAN Enclosure Linda Kowalski Secretary and Board Clerk Copies mailed to the following 5/18/88: Mrs. Patricia Stegner, 91 Laurel Drive, Smithtown, NY 11787 Mr. Angelo Spetsiotes, 1045 Budd's Pond Road, Southold, NY 11971 Mr. Robert E. Bidwell 27 Montrose Place Melville, NY 11747 Mr. James Gray, Sr., P.O. Box 1465, Southold, NY 11971 (as Agent for Mr. Frederick Koehler) Stephen L. Ham, III, Esq. Matthews & Ham, 45 Hampton Road, Southampton, NY 11968 as Attorneys for George R. Furse and Estate of D. Russell Richard F. Lark, Esq., P.O. Box 973, Main Road, Cutchogue, NY 11935 John M. Wagner, Esq., Esseks, Hefter & Angel, P.O. 108 East Main Street, Riverhead, NY 11901 as Attorneys for Dorothy Abbott Box 279, Cliff's and Phil's Lobster House, Inc., 50 North Sea Drive, Southold, NY 11971 Robert A.M. Stern Architects, 211 West 61st Street, NY, as Agents for Mr. Russell Planitzer Mr. Charles Kadushin, 242 West lO1 St., NY, NY 10025 NY 10023 Suffolk Times, Inc., P.O. Box F, Greenport, NY 11944 L.I. Traveler-Watchman, Traveler St., Southold, NY 11971 (Board'Members with copies of files 5/19/88) Building Dept., Planning Board, Bulletin Board JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: April 14, 1988 Transmitted herewith is Zoning Appeal No. 3726 , application of Cliff & Phil's Lobster House~ Inc. for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form letter relative to NYS Tidal Wetlands Land Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry ,a BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter of the Petition of roche Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. T~%t it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance__ (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property whic, t) is the subiect of the Petition is located adiacen,~.t to your property and is des- cHbed as follows: ~ .5';9'/~7// FI'~.Z~/-/!.;U/~ ~o2 /_,~r,~/.;~-~~ ,~-/-- 3. Tha~ 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: ,~ L//:;[ ~)d ~tJ~f~' '--~d3 $. That the provisions of the $outhold Town Zoning Code applicable to the relief sought by the under- signed are Article %/; Section / ~ O -- ~/ G [ ] Section 280-A, New York Town Law for approval of access .over r~ght(s)-of-wa~v. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the S0uthold Town Clerk's Office at Main Road, Southold, New York and you ma), 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 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. ,a,.d: ~A~/~/ Petitioner 0wne s',ames.' ,- Post Office Addrt~s Tel. No. ( [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAME PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS p 933 3,59 646 RECEIPT FOR cERTIFIED MAIL ~ed Fee p 933 159.645 !RECEIPT FOR CERTIFIED MAIL NO iNSIIRANCE COVERAGE PROVIOE~ NOT FOR iN~ERNATLONAL ~A~L (See Reverse) Fee Fee o t~d , being duly s~orn, deposes and s~ys that on the /~' day of ~ I / , 19 ~, deponent mailed a true copy of the Notice set forth on ~e re- ve~ s~de hereof, directed to each of the above-named persons at the addresses set opposite thor res~t~ve namm; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assmsment roil of the Town of Southold; that said Notices were mailed at the United Stat~ Prat ~- rice at .~-/~ (certified) (registered) mail. Sworn to before me this day of ~ . Notary Public ; that said Notices were ~:~~id persons by No, 4707878,~ ~ 'Y Term Expires l~mh 30, tL-,.~ ! (This side does not have to be completed on form transmitted to adjoining property owners.} FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date .qt./.!! .................... , 19 .~.~. .... ~... ~.o ~.t~. ~a~...~ R.~.0.~. ....~ ,.~t ~.,. ~:/, ............. PLEASE TAKE NOTICE that your application dated ...... f.//[ ................ 19 ~. ...... .~..~ ..... ~.~ ........................ LocationofProperty qll~ Mo, RO [~ ~f.). ~°~4° ~D County Tax Map ~o. 1000 Section ...... ~ .... Block .......Z~ ....~t ..... .~ ...... S~bdivisio~ ................. Filed ~a~ ~o ................. Lot No .................. , turn dh r w,th ndd, p rov don h o,,o ,n ,round . ..... ...... RV 1/80 IPROJECT I.D. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) SEQR 1. APPLICANT/SPONSOR 2. PROJECT NAME 3. PROJECT LOCATION: Municigallty County 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 5. IS PROPOSED ACTION: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] NO If NO, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PR JECT? [] Residential []industrial ~t~ercial Describe: /'~ 4~, ~ l~l.} ~' ,..~ ~0 [] Agriculture [] Park/Forest/Open space [] Other 10. DOES ACTION INVOLVE ~PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? / [] Yes [~No If yes, list agency(s) and permit/approvals DOES ANY AS~SP~T OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVALS. [] Yes [~No If ye~, list agency name and permit/approval 11. 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes [] No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Date: 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.$. Environmental Quality Review Act requires submission of this form, and an enviro-nmental 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 E~ 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? 3. Will project alter or have a large effect on an existing body of water? 4. Will project have a potentially large impact on groundwater quality? 5. Will project significantly effect drainage flow on adjacent sites? 6. Yes ~ __Yes ~No Yes ~ Will project affect any threatened or endangered /No plant or animal species? Yes Willair quality? project result in a major adverse effect on Yes ~o 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological 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 cause a major effect to existing transportation systems? Yes 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? __Yes 13. Will project have any impact on public health or safety? Yes 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 period or have a major negative effect on the charact~ of the community or neighborhood? 15. Is there p~blic co~ov~ncer~g the proje~~//~ ' Yes ZBA 9/75 / QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED ~TH YOUR APPLICATION FORMS 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 N__q_o 2.a)Are there any areas which contsin wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) b)Are there any areas open to a waterway without bulkhead? Yes ~ Yes No 3. Are there existing structures at or below ground level, such as patios, foundations, etc? Yes No Are there any existing or proposed fences, concrete barriers, decks, etc? Yes No, If project is proposed for an accessory building or structure, i~ total height at more than 18 feet above average ground' level? State total: ft. Yes No If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ft. Yes NO Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes No Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit # and Nature: Yes No Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other Yes Yes Yes Yes Yes Yes Yes 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Yes 11. Is new construction proposed in the area of contours at 5 feet or less as exists? Yes 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have 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 13. Please list present use or operations conducted upon the subject property at this time ~gaC~,/~ ~/3 and proposed /'~/~d///,~ ~ .~#~ ' Please submit photographs for the recoz~d. I certify that th~above statements are true and are being submitted re lianc?q~h~J~.rd ~ Appeals in considering my application. S i~r~tur~ (P rQ~er ty~gwner) (Authorized Agent) ~No No No No for 1/88 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mcan low title are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swaml~s, meadows, flats or other low lying lands subject to tidal action: (2) All banks, bogs, meadows, fiats and £idal marsh subject to such tides aud upon which grows or may grow some or any of tho following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection At2) and lying within seven. fy-five (75) feet landward of the most landward edge of such a tidal wetland. FRESIIWATER WETLAN1)S: (i) 'Freshwater wet ands" as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions l(a) to ltd) inclusive, of the Environmental Conservation Law of the Sta~c of New York: and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection I3(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "fi'eshwater wetland." 9705