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HomeMy WebLinkAbout3644 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llg'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3644 Application Dated June 24, 1987 TO: Mr. Garrett A. Strang, R.A. Mr. Fred Wightman A. Roger Elston, Esq. [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on 0ct0ber 8~ ]987~ the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a Request for Special Exception under the Zoning Ordinance [ ] Article , Section [ ~ Request for Variance to the Zoning Ordinance Article III , Section 100-30(A) and Article XI, Section IO0-ll8(E) [ ] Request for Application of FREDERICK WIGHTMAN/DAVID FREY/JOSEPH REINHART. Variance to the Zoning Ordinance, Article III, Section lO0-30(A) Article XI, Section lO0-118(E) for establishment of business uses, and/or interpretation, to permit the following activities: retail sales and storage, business office, professional office, govern- mental office, contractor office, personal-service store r shop, as described for the "B-Light Business" Zoning District, Section 100-60(A)[2],[4],[8] inclusively, in conjunction with existing single-family dwelling unit on second-floor having a livable floor area of 900 sq. ft. Zone District: "A-40." Location of Property: North Side of Main Road, Peconic, NY; County Tax Map District 1000, Section 75, Block l, Lot 16, containing 1.0194 acres. WHEREAS, a public hearing was held on July 16, 1987 and continued on August 20, 1987, at which time the hearing was concluded, in the Matter of the Application of FREDERICK WIGHTMAN/DAVID FREY/JOSEPH REINHART under Appl. No.-3644, 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 PAGE TWO) (CONTINUED ON PAGE TWO) DATED: October 8, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 - Appl. No. 3644 ~tter of WIGHTMAN/FREY/REINHAR~ Decision Rendered October 8, 1987 1. The premises in question is a described parcel of land containing an area of 43,560± sq. ft., lot width (frontage) of 185± ft., lot depth of 240± feet, and is more particularly identified on the Suffolk County Tax Maps as District lO00, Section 75, Block 1, Lot 16. 2. The subject premises is improved with three buildings, all as depicted by sketch prepared by Garrett A. Strang, Architect and survey prepared by Peconic Surveyors and Engineers, P.C. dated November 8, 1986: (a) Building '~l," or barn structure, containing a total floor area of 2400+ sq. ft. and which at the inception of zoning in 1957 and for a number of subsequent years was used for potato storage and packing, a permitted agricultural use in this zoning district; (b) Building "2", a two-story brick and frame build- ing, containing a total first floor area of 1200 sq. ft., of which 450+ sq. ft. was used as office area, 464± sq. ft. for retail-sales area, and 286 sq. ft. storage area incidental to the retail and office uses. Both uses have existed as legal nonconforming uses continuously since before the inception of zoning until about 1977. During 1977, the westerly 286± sq. ft. portion of the building was converted from storage area to a car wash, and then back to accessory storage area. The second floor of this building contains a 900± sq. ft. single- family apartment, a legal conforming use in this Zone District. (c) Building "3", a one-story masonry building containing a total floor area of 1656± sq. ft. located approximately 24 feet from the east side of Building "2", is and has continuously been used as a storage garage, having received a Variance under Appeal No. 2210 on Novem- ber 4, 1976. 3. For the record it is noted that a carpentry wood- working shop existed in a portion of Building "1'~ and which received a conditional variance under Appeal No. 3515 on July 31, 1986. This use was vacated du~ing December 1986, and the prior variance has become void ~ts entirety, thereby reverting the use of Building "1" to the same use which existed previously, to wit: agricultural barn. 4. It is also noted for the record that Building "l" was partly converted from warehousing of potatoes to warehousing of antiques about 1978 and was discontinued during about 1985. No variances were found of record permitting the conversion from agricultural warehousing to commercial or wholesale-sales warehousing. 5. The property is nonconforming also as to lot area (having an area of less than the current two-acre zoning requirement), and is located in the "A-40" Residential and Agricultural Zoning District. The buildings were built prior to the enactment of zoning in 1957, and front along a State Highway. 6. No record has been found of the issuance of any building permits, Certificates of Occupancy, or Site Plan approvals by the Town concerning the premises, building conversions, and changes of uses since the inception of zoning in 1957. P~ge 3 App!. No. 3644 Matter of WIGHTMAN/FREY/REINHART Decision Rendered October 8, 1987 7. Article XI, Section lO0-118, Subsection Zoning Code provides that: E) of the "...A nonconforming building may not be reconstructed or structurally altered during life to an extent exceeding in aggregate cost fifty percent (50%) of the fair value of the building, unless the use of such building is changed to a conforming use .... " its Subsection (A) reads: "...The lawful use of a building or premises existing on the effective date of this chapter... may be continued although such use does not con- form to the provisions of this chapter, and such use may be extended through the building lawfully acquired to said date .... " 8. Appellants have requested a use variance to permit the expansion of "...preexisting, nonconforming business by nature of converting existing garage bays to business use and linking same via an addition to existing westerly building..." and/or interpretation on the term "use" verses "tenancy." 9. There are a total of three buildings upon the subject premises, and the buildings referred to in the preceding paragraph hereof are the two front buildings, Buildings ~'2" and ~'3". Accordingly, on motion by Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED, that this Board make the following deter- mination: (a) that the use referred to as "garage bays" existing in Building #3 is a use in conformity with the 1976 variance, rather than a preexisting nonconforming business use. (b) that only the first floor area of 1200± sq. ft. of Building "2" has continuously since before the enactment of zoning been maintained and used for retail and office areas, and (c) that the Town may permit expansion of such area as regulated by Section lO0-118(E) of the Zoning Code within stated limitations (also see Cordes vs. Moore 1955, 308 N.Y. 761), and that such an expansion would be permitted provided it does not exceed 50% of this 1200± sq. ft. area of Building "2" (d) that premises to certain has considered only buildings. the Town has not restricted the tenants or owners, and accordingly the area and use of the premises and (e) that such an expansion of the preexisting nonconforming use of Building "2" from 1200± sq. ft. to Page 4 Appl. No. 3644 Matter of WIGHTMAN/FREY/REINHART Decision Rendered October 8, 1987 1800± sq. ft. shall be permitted not require higher standards with and similar requirements [such as to those uses which will respect to yards, parking, restaurants, etc.], (f) that the existing use of the single-family 900+ sq. ft. dwelling unit on the second floor of Building "2" and the use of Building "l" for storage shall be permitted to continue and shall not be permitted to be converted to a nonconforming commercial use. (g) that the existing use of the garage bays for storage in Building #3 shall be permitted to continue and shall not be permitted to be converted to a nonconforming use [except that the storage use may be income-producing]. (h) that any portion of the square footage of the buildings may be utilized for the requested retail or office use provided same does not exceed the maximum permitted 1,800 sq. ft. [1200 sq. ft. existing plus 50% as permitted under lO0-118E of the Zoning Code] and provided further that the remaining portions of the buildings shall be permitted for the existing "garage bays," for commercial or accessory storage use, and any other uses permitted in this "A-40" Residential and Agricultural Zoning District. (i) That by the grant of this variance, this Board hereby revokes any other variance(s) which may have been previously granted for the use of these premises. (j) That a proposal to expand the nonconforming retail/office area in excess of that permitted by the Code should be via application to the Town Board for consideration on a change of zone or other legislative action since the extent of the use variances permitted on this property has been utilized to the maximum possible under our jurisdiction. (k) that there be no storage of vehicles, materials, or any other items in the open yard areas. Vote of the Board: Ayes: Messrs. Goehringer, Douglass, Grigonis, and Doyen. (Absent was: Member Sawicki.) This resolution was duly adopted. lk GERARD P. GOE~R~qNGER, C~RM,A~ October 30, 1987 RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE ,'°/3~/~7 HOUR Town Clerk, 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 Regular Meeting at the Southold Town Hall, Main Road, Southold, New York, on TH~R.S_~AY,'~GUST 20, 1~987 at the following times: 7~35 p.m. Appl. No. 3602 - MARGARET McNAMARA. Variance cient frontyard Gillette Drive ~a~ Map Parcel to the Zoning Ordi-nance, Article-X~, ~ection--lOO~ll9.2(B) for permission to construct wooden deck attached to e×isting dwelling with an insufficient setback from existing timber bul~khead and Peconic Bay. Location of Property: 640 Takaposha Road [Private Road #15), Southold~ NY; County-Tax Map Parcel No. 1000-87=06=10. ~ 7:40 p~m. Appl. No. 2646 - ROBERT AND NANCY MUIR. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct additions to dwelling wi~h an insufficient rearyard setback and insuffi- setback. Location of Property: Corner of and Cleaves~ Point Road, East Marion, NY; Gounty No~ 1~00-38-2-29. 7:45 p.m. Appl. No. 3643 EUGENE PERINO. Variance to the Zoning Ordinance, Article X}, Section 100~119.2 for permission to loca~e proposed dwelling with or -without deck addition withi~n 75 feet of nearest wetlands along the shore- ~ine of Mario~L~ke-. Location of Property: West Side of private right-of-way known as "~ruman's Path," East Marion, County Tax Ma~-Parcel No. 1000-31-12-16. ~:50 p.m. Appl. No~ ~644 - JOSEPH REINHART, FRED W~GHTMA ~nd DAVID FREY~ Reeessed hearing from.-July t6, i987 to be reconvened. -NY; 8:00 p.m. Appl. No. 3647 - JOHN AND JOAN WETZEL. Variance to the Zoning Ordinance, Article III, Section lO0-31 and Article XI, Section 100-1.19.2~ to construct additions to dwelling with reduc- tions in the sideya~,--and to construct addition landward of existing dwelling.structure 70± feet from the neares~ wetland edge or highwater mark along Eugene Creek. Location of Property: 4635 Pequash Avenue (Fleetwood Road), Cutcho§ue, NY; Fleetwood Cove Lot No. 12; County Tax Map Parcel No. 1000-137-04-006. Page 2 Notice of Hearings Regular Meeting August 20, 1987 Southold Town Board of Appeals 8:05 p.m. Appl. No. 3648 - FERUCIO FRANKOLA. Variance co the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct swimmingpool, deck and fence enclosure within 75 feet of wetland area along West Creek. Location of Property: 1900 Glenn Road, Southold: NY; West Creek Estates Lot No. 19; County Tax Map Parcel~ No. 1000-78-02-36, 8:10 p.m. Appl. No. 3655 ELI~EN HOPE DeMARIA~ Variance from Condition No. 1-rendered J~ly 8~ 1-965 under Appeal No. 785, and Article III, Section 100-32~ ~or- a[pproval of the construc- tion of accessory storage shed in fro~t-yard--area as shown on survey prepared by Roderick VanTuyl, P.'C. April 9, 1984. Location of Property: West Side of P~ivate Road (We~t View Drive), Orient, NY; County Tax Map Parcel No. 1000-13-3-3. 8:15 p.m. Appl. No. 3656 - NICHOLAS IPPOLITO. Variances to the Zoni-'ng-Ordinance, Article III, Section-lO0-31, and Article XI, Section 100-119.2, for permission so construct garage addition to ~well-ing with an insufficien~ southerly sideyard setback, insufficient total sideyards, insufficient setback from bulkhead ~long Arshamomaque Pond, and excessive lot coverage. -Location. of Property: 230 Carole Road, Southold, NY~ County Tax Map Parcel No. 1000~052~02-00~. 8:30 p.m. Appl. Noo 3653-'NORTH ROAD ASSOCIATES. Variance p~rsu-ant t-o-New York Town La~, Secti-on .280-a, for approval of access over p-rivate rig~ht-of-way extendin-g 170 feet from the north side-of Main Road-, Orient, NY; County Tax Map Parcels No. 1000-18-4-1.3 and 2. 8:40 p.m. Appl. No. 3592 - BENTE SNELLENBURG. Hearing recessed from July 36, 1987. 8:50 p.m. Appl. No. 3654 - WILLIAM MOORE, ESQ. and ~.ENJAMIN'HERZWE~G~E-SQ. ~Variance to the'Zoning Ordinance, Article' XI, Section 100-119.2 for permission to establish "building envelope" with setbacks of not less than 38 feet from nearest wetland along existing two-foot contour and not less than 30 feet from the front property line (as approved under Appl. No. 3412 June 30, 1987). location of Property: 675 Meadow Lane, Mattituck, NY; Mattituck Estates Lot No. 42; County Tax Map Parcel No. 1000~115-5-7. The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above matters. Each hearing will not start before Page 3 Notice of Hearings Regular Meeting - August 20, 1987 Southold Town Board of Appeals the time allotted. Written comments may to the conclusion of the subject hearing. please call 765-1B09. be submitted prior For more information, Dated: July 27, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowa]ski, Board Secretary Notice to Newspapers:- Please publish once, to wit': August 6th and forward two ~ffidav~.ts of.publication to: Board of Apoeals, _Main Road,. Southold, NY 11971. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL . .~'/F~ ~ r, ............................... .:..11 ~. ~.. ! ....... PLEASE TAKE NOTICE that application dated ...~.~. ............ , 19 ~ 7.. County Tax Map No. 1000 Section . . .~..~.. ~.'~ ...... Block .... .~. I ...... Lot . .. l ./~ ........ Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved c~n the following grounds . .~..'..~..~.~..~kt~ j.o.~..~./~ ~. ~ ~: ~~. ~..~ ~. ,..~.~..~.~.~., ~ ~.. Bu~iding Inspector RV 4 1-987 OD jo/y~ TOWN OF ~OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~ ~ DATE June 12, ~987 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~, (V~x.. gar.r.,e.t.t..A..: S.t. ra.n.g.~ . of Main Road, Southold, New York Name of Appellant Street and Number Municipality ............................ HEREBY APPEAL TO 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 (x) ( ( ) Garrett A. Stranq, Aqent for Wightman, Contract Vendee Nome of Applicant for permit of 1038 West Main Street, Smithtown, New York Street c~nd Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY I. LOCATION OF THE PROPERTY ....M..a...i..n..~.R..~...a..d.`~...P...e.~c.`9.~n.~i.`c..¢....N.`.e..w.~...Y..~..`r~k..~.A./..~.~.~.~i~a~ Street /Hamlet / U~e District on Zoning Map District 1000 Section 075Blockzq Lot 16 Current ............................................................................. ..... Owner Reinhart 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 Ordgnance.) ~rticle~,/~--Section I~-~ ~ox~ f/ 1~0- //~ 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) ( ) ' A'VARIANCE to the Zoning Ordinance or Zoning MeLD ( ) A VARIANCE due to lock of access (State of New York Town Law Ch~p. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 Interpretation an~/or Use Variance (x) 4, PREVIOUS APPEAL A previous appeal (I-~has not) been m~le 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 o variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance ( ~ Interpretation and/or Use Variance isr~uested forthe rea~nthotmy client's intentions are to expand upon pre- Existing, non-conforming business, by nature of converting existing garage bays to business use and linking same via an addition to existing westerly building. It is also my client's intention to improve upon of the entire structure. (Continue on o~erside) the overall appearance A building permit for the work based on his interpretation of was denied by the Building Inspector the term "Use" vs. ~enancy. REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicc~difficu~ti~socunnec~s- sory HARDSHIPbecau~ the Codes as written~ has no definition of "USE~' and therefore, does not define USE as a specific tenancy~ Subsection A of any of Code Articles II! through iX finds USE used in generic terms~ as opposed to specific tenancies° For example, I refer you to Section ~00-60~ Para~ in which permitted uses are listed as "Business, Professional and Government Offices" I believe this clearly indicates the intention of relate to specific tenants. Therefore, strict application as interpreted would certainly create unnecessary hardship~ to specific tenanus. Subparagraph 2~ the ~erm USE no% to ~n~ Building Inspector by by restricting my client 2, The hardship createdis UNIQUE ondisnotshared by ail prope~ies alike in the immediate vicinity ofthis pr~e~y and in this use district because of pre-existing, ~o~- conforming ~se. Conforming properties throughout the Town are not mandated to specific tenants. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the business use is pre-existing andL business use, regardless of specific business ~enant, Ls compatible w~th any other parcel ~!lowing buszness use. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) Signature GARRETT A~ STRANG 87 Sworn to this ................. 'J.~,,h, .......... day of ........ ~..q.~.,,~. ...................................... 19 Notary Public F(j~MER OWNER E ACR. LOT ~S , t ~-~ , W · ~, , TYPE OF BUILDING VL FARM ICOM~. 4 CB MISC Mkt Value ._: __._ _~. , i~:~.~ .. _ _ iRES. j SEAS. LAND IMP. AGE NEW BUILDING CONDITION FARM iZillable Tillable Tillable 3 ¢Vood~nd ]womplond ~rushland ~ouse Plat 'atal NORMAL BELOW Acre Value Per Acre ABOVE Value FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK i,E.xtension Parch Porch Breezeway Garage Total [Foundation ~ C~*'~[ Bath ' Basement Floors Ext. Walls Fire Place Type Roof Recreation Room Driveway Interior Finish Heat Rooms Ist Floor Rooms 2nd Floo RY SHOP $OUTHO£D STORAGE SL SC The following is a list of tenants that have occupied the property of A~nes Reinhart, Main Road, Peconic: 1987 Thomas Ball, warehouse rear of property John Murphy, apartment above stores Hoey's Coustom Canvas, store Town of Southold, garage east side of property 1986 North Fork Wood Products, warehouse in rear John Murphy, apartment Hoye's Coustom Canvas, store Town of Southold, garage Saul Millman, store 1985 Rick Anselmin Antiques, warehouse John Murphy, apartment Hoe¥'s Coustom Canvas, store east side Saul Millman Tray House, store west side Town of Southold, garage 1984 Rick Anselmin, warehouse John Murphy, apartment Hoey Coustom Canvas, store Town of Southold, garage 1983 Peconic Auction Gallery, warehouse John Murphy, apartment Hoey Coustom Care, store east side East End Car Care, store west side Town of Southold, garage 1982 Peconic Auction Gallery, warehouse Gordon & Diane Tyrer, apartment Hoey Coustom Canvas, store East End Car Care, store Town of $outhold, garage 1981 Peconic Auction Gallery, warehouse Gordon & Diane Tyrer, apartment East End Car Care, store west side Robert Kolyer, store east side Real Estate Town of Southold, garage 1980 Peconic AuCtion Gallery, warehouse Gordon Tyrer, apartment Hergureter, store cabinet maker East End Car Care, store Town of Southold, garage 1979 Peconic Auction Gallery, warehouse Gordon & Diane Tyrer, apartment Hergureter Cabinet, store Floyd King, Jr., store Real Estate Town of Southold, garage 1978 Eugene Moth, warehouse Apartment, no record of tenant (Pilone I think) Floyd King, store Town of Southold, garage 1977 Warehouse in rear rented to potato dealer, I think Joe Cassidy or Sayre Baldwin, both used building M. Pilone, apartment Peconic Liquor, store Town of Southold, garage 1976 Warehouse in rear rented to potato dealer Morton Zahler (I think) The building with the apartment and 2 stores was leased to Peconic Liquor and they sublet the apartment and 1 store County of Suffolk rented the garage 1975 Warehouse was used as potato packing plant Apartment & stores leased to Peconic Liquor Garage rented to County of Suffolk I have no records available prior to 1975. ! recall the apartment with the two stores was leased to Peconic Liquor business sometime in the early 1950's. Before the sale the apartment and the liquor store was occupied and managed by the owner Agnes Reinhart. The buildings were built about 1935-36, the Liquor Store started about 1939. The warehouse was used as a potato packing house by Joseph Reinhart. The garage was used as a gasoline service station and at one time as a John Deere dealership and for a while rented to a Marine Architect for boat building. I believe all this can be recalled by some of the residents of Southold but my records are long gone and my memory is failing. Howard Reinhart Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. February 6, 1989 William H. Price, Jr., Esq. 828 Front Street, P.O. Box E Greenport, NY 11944 Re: Appl. No. 3515 and No. 3644 - Wightman/Frey/Reinhart Location: 43385 Main Road, Peconic; 1000-75-1-16 Dear Bill: Attached are the photocopies requested by your letter dated February 3, 1989 concerning the above applications. Payment for same may be made through the Town Clerk's Office for 11 photocopies ($2.75). If additional photocopies are needed, please let us know. Yours very truly, Enclosures Linda Kowalski Board Secretary ATTORNEY AT LAW 828 FRONT STREET, P.O. BOX E GREENPORT, N.Y. 11944 P~o~z (516) 477-1016 February 3, 1989 Zoning Board of Appeal Town of Southold Southold Town Hall Main Road Southold, New York 11971 Re: Suffolk County Tax Map #1000-75-1-16 43385 Main Road, Peconic, NY Appeal #3515 Gentlemen: Please be advised that I represent the owner of the above-captioned property. He has received a letter from the Building Inspector's office stating that the presently existing use of the barn in the rear of the property is not permitted. I have noted in your Appeal #3644 that previous variances have been granted in respect to the subject property. In order to ascertain what the appropriate action on the part of my client should be, it would be necessary for me to see the petition and decision under your Appeal #3515. Please send copies of same to the undersigned. If there are any charges for same, please bill me. Thank you for your courtesy and cooperation in this matter. William H. Price, Jr. WHP/lg cc: Building Department ATTORNEY AT LAW 828 FRONT STREET. P.O. BOX E OREENPORT. N,Y. 11944, P.ONE {516) 477-1016 February 8, 1989 Judith T. Terry, Town Clerk Town of Southold Southold Town Hall Main Road Southold, New York 11971 Dear Mrs. Terry: Enclosed herewith please find my check in the sum of $2.75 to cover the fee for photocopies. Enc lq~sure cc: Linda Kowalski, Secretary-ZBA Very truly yours, William H. Price, Jr. WILLIAM H. PRICE. JR., ESQUIRE OFFICE ACCOUNT 828 FRONT STREET GREENPORT, NY 11944 TOTHE ORDER OF . Gr~n~o~t, NY 11944 1665 50-791 214 DOLLARS DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ~hCHAEL A. LOGRANDE SUFFOLK COUNTY EXECUTIVE 360-5513 LEE E. KOPPELMAN DIRECTOR OFPLANNING November 18, 1987 Town of Southold Zoning Board of Appeals Applicant: Frederick Wightman/David Frey/ Joseph Reinhart Mun. File No.: 3644 S.C.P.D. File No.: SD-87-29 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: With the understanding of acceptance of restrictions set forth in the determination rendered by the Zoning Board of Appeals on 10/8/87. Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERAN5 MEMOFtlAL HIGHWAY HAUPPAUGE. L.I,, NEW yORK 11788 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 50UTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI 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 III, Section 100-30(A) and Article XI. Section 100-118(E) Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.:3644 Applicant:Frederick Wightman/David. Frey/Joseph Reinhart k0catioR of Affected Land: Main Road, Peconic, NY County Tax Map Item No.: 1000-75_1_16 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) xx State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned La Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area or Existing or Proposed Right-of Way of Any Stream Owned by the County or for Which The County Has Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. or Drainage Channel Established Channel COMMENTS: Applicant is requesting permission Re for'establishment <~f ~,~ ......... and/or interpretation Copies of Town file and related documents enclosed for your review. Dated:Nov. 13, 1987 TRANSCRIPT OF HEARING SOUTHOLD TOWN BOA~ OF- APPEALS REGULAR MEETING OF THURSDAY, AUGUST 20, 1987 Appl.-No. 3644 Applicant(s): JOSEPH REINHART, FRED WIGHTMAN, AND DAVID FREY [0cati0n Of Property: N/s~Main Road, Peconic County Tax Map ID No. lO00- ~ Board-Members present were: Chairman Goehringer P. Goehringer, Members: Douglass, Doyen and Sawicki. Absent was: (None). Also present were: Mr. Victor Lessard (Building Dept.), Linda Kowalski, Board Secretary, and approximately 25 persons in the audience. The Chairman opened the hearing at 7:55 o'clock p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I would ask if there is anybody here represent- ing Joseph Reinhart or Fred Wightman. Yes. Would you like to use the mike? In the interim, we have (of course) received correspondence from your attorney concerning the issue of non-conformity which seems to be the main situation here. Is there anything you would like to add to that? MR. WIGHTMAN: I believe we've complied with all the requests that' you have made at the last meeting. The pre-c.o, had been issued during that time period. Again, we tried to work as close to the town's wants and desires with this project. And we had hoped that you could soon come to a conclusion that we may go forward. The sellor has been very patient with us, working along.~ith us. We just hope we can get something resolved in the near future. CHAIRMAN GOEHRINGER: I thank you for coming out here tonight really in the formality of just closing this hearing. We wanted to make sure that we had most of the information that we had asked for and we~ap- preciate it. We'll do the best we can to come up with some sort of amicable de~i§ion here. MR. WIGHTMAN: We are willing to w6rk with the town if there is al- ternatives which they wish to come back with us. We would be glad to work with the town to make it amicable for both of us. CHAIRMAN GOEHRINGER: I think in the last hearing I only briefly asked you if you were willing to give up anything concerning the construction of the front two buildings or the reconstruction of the front two build- ings. You did mention, I think you said 800 square feet was the only .Page 2 - August 20, ~7 Public Hearing - Jo~ Reinhart, Fred WightmanOavid Frey ~outhold Town Board o~-f Appeals CHAIRMAN GOEHRINGER (continued): actual retail area in the rear building rest of it would be storage. '~- Is that correct'? And ~he MR. WIGHTMAN: Yes. Storage. CHAIRMAN GOEHRINGER: Alright. We will kick it around and see what we can do here. We thank you. Is there anybody else who would like to speak in favor or against this hearing? Hearing no further questions, I make a motion closing the hearing reserving decision until later. Ail in favor - AYE. LAW OFFICES Southold Town Board of Appeals Main Road - State Road 25 Southold, L.I., New York 11971 August 4, 1987 Attention: Gerard P. Goehringer Chairman Re: Application No. 3644 Wri~htman/Fre¥/Reinhart Dear Mr. Goehringer: Pursuant to your request of the July 16, 1987 meeting, enclosed please find the memorandum of law concerning the proposed use of certain real property designated on the Suffolk County Tax Map as District: 1000; Section: 075; Block:21; Lot: 16; pursuant to the above captioned application. Very truly yours, DAVIES & ELSTON By: Irwin $. Izen ~ II:lv cc: Garrett Strang Frederick Wightman Ene, MEMORANDUM OF LAW THE ISSUE Main Road, 21, Lot 16, Reinhardt. Applicants, FREDERICK WIGHTMAN and DAVID FREY, are contracts vendees with respect to certain premises located on Peconic, New York, District 1000, Section 075, Block ("Premises") owned by the Estate of Agnes The "Premises" are located in an A-Residential Zone but have since the 1930's been used for commencial purposes and thus have acquired a nonconforming use status. The Applicants maintain that the Zoning Ordinance with respect to nonconforming use allows for a change of a use provided such change is in the same or higher classification as the prior use, with said classification being determined by the particular Zoning Ordinance. Thus, if the nonconforming use fell in the general business district category, the property owner would be permitted to use the property for any use allowed in a general business district. The Building Inspector has apparently taken a contrary position, in that he feels that once the actual use is discontinued, a substituted use could not be permitted and the "Premises" would lose its nonconforming use status, and therefor he denied Applicants a building permit to expand and improve the existing structure. Applicants now seek clarification of the Zoning Ordinance Article III, Section 100 A & B, and a directive to the building inspector to issue a permit as requested by Applicants. THE LAW Section 100 - A, B & E of the Town of Southold's Zoning Ordinance states: · the following provisions shall apply to nonconforming uses: A. The lawful use of a building or premises existing on the effective date of this chapter or authorized by a building permit issued prior thereto may be continued although such use does not conform to the provisions of this chapter, and such use may be extended throughout the buildin~ lawfully acquired to said date. (underscoring added) B. A nonconforming use of a building or premises may be chan~ed to a use of the same or hi~her classifiction according to the provisions of this chapter. (underscoring added) E. A nonconforming buiIding may not be reconstructed or structurally altered during its -2- life to an extent exceeding in aggregate cost fifty percent (50%) of the fair value of the building, unless the use of such building is changed to a conforming use. The term "nonconforming use" of land means a use which lawfully existed prior to the enactment of a zoning ordinance, and which is maintained after the effective date of such Ordinance although it does not comply with use restrictions applicable to the area in which it is situated - re Old Riverhead Road (1965) 264 NYS 2nd 162 Constitutional interests are the compelling instruments in the creation of a nonconforming use - re South of Ann Drive (1970, 2 Dept) 312 NY 2nd 66 and are constitutionally protected. Somers v Camareo (1955) 308 NY 537 Zoning Ordinances may specifically allow expansion within stated limitations see Cordes v Moore (1955) 308 NY 761 Commonly, zoning ordinances permit the alteration of a nonconforming building or structure subject to limitation as to the amount of the expenditures which maybe made for the alteration. Mercus v Mamaronak (1940) 283 NY 325 Reed v Board of Appeals (1966) 272 NYS 2nd 460. Within the Iimits set forth in the Zoning Ordinance, a property owner of a nonconforming building has a right to make -3- alterations not otherwise proscribed by building codes or other municipal ordinances. See Kovelman v. Plaut (1951) 105 NYS 2d 280. Where the zoning ordinsnce permits a change of use within a use classification, a change from one non- conforming use to another in an abandonment of the first. (1951) 101NYS 2d 792 the same class does not result in People v Sudierfi Reaty Corp. The Courts of this State have an Ordinance simiiar to the Southold change of use to that of a different different use was one allowed in the provided in the Zoning Ordinance. Incorporated Village of Thomaston position and is annexed hereto in held that the languages of Ordinance would permit the use provided such business district as The case of Biener et al v 470 NYS 2nd 16 follows this its entirety. CONCLUSION Applications should be granted permits as they are only seeking to by the existing Zoning Ordinance. the requested building do that which is permitted -4- Respectfully Submitted, DAVIES & ELSTON Attorneys for Applicant 33 Kings Highway Hauppauge, New York 11788 (516) 273-5555 -B- 470 NEW 'mORK SUPPLE3qENT, 2d SERIES lion as the prior use of the property, the Affirmed as modified BIENER x. INCORPORATED I'ILLAGE OF THOMASTON MEMORANDUM BY THE COURT judgment, defendant appeals from a judg- ment of the Supreme Court, Nassau Coun- ty in question to be a legal nonconforming use. and permanently enjoined defendant from prosecuung plaintiffs for their al- leged illegal operation of a ear wash Judgment modified, on the law, by delet- permanently enjoined d~fe~*dant from pros eeuting plaintiffs for the illegal operation of a car wash. As so modified judgment cleaning and polishing of ne'~ cars is per [Il The village comends that a property owner cannot substitute one noneonform lng use for another, and that tt~ zoning ordinance allo~s onl> for the substitution cf a conforming use for a nonconforming use Section 1 (subd [fl) of article IX of 470 NEW YORK SUPPLEMENT. 2d SERIES Virginia BURGOS. Appellanl. The CITY OF NEW YORK. Respondent. Supreme Court. Appellate Divi;ion, final disposition itself Affirmed Where it appeared from bill of particu- lars in negligence action that plaintiff was defeat defense :hat. having applied for and FEDERAL DEPOSIT INS. CORP. v. RICHMAN 19 FEDERAL DEPOSIT INSURANCE CORPORATION. Reapondenl. Federal judgment creditor, follouing docketing of federal judgment in Supreme ('our~ and failure of judgment debtor to appear for scheduled examination, com- menced civil contempt proceeding The Su- preme Court Suffolk County, I.'llderwood, TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, JULY 16, 1987 Ap~l,-~O. 1~44 Applicant(s FREDERICK WIGHTMAN/DAVID FREY/JOSEPH REINHART Location of Property: N/s Main Road, Peconic County Tax~ Map ID No. 1000- 75 - 1 16_. Board Members present were: Chairman Goehringer P. Goehringer, Members Grigonis, Doyen, Douglass and Sawicki. Absent was: (None) Also present were: Victor Lessard (Building Dept.), Linda Kowalski, Board Secretary, and approximately 20 persons in the audience. The Chairman opened the hearing at 8:27 o'clock p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of survey dated T1/8/86 indicating specific changes to this piece of property, of which there has been at least one application before this Board over the period of years, of which I have a copy, and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Go ahead, sir. ROGER ELSTON, ESQ.: Roger Elston, Davies and Elston, 33 Kings Highway, Hauppauge, NY. I represent the Contract Vendeers, Frederick Wightman and David Frey, who are under contract to purchase the property from the Reinhart Estate. And if I may give you jsut briefly the background of the history of this property. Some time in the mid-'3Os, 1935 or 1936, the buildings were erected there Agnes Reinhart, now deceased, and it was for a period of time used as a liquor store, and I believe there was an apartment there and so forth, and over the course of years there were many different uses put to the property. And I do have a list that was prepared by Mr. Reinhart going back the last 10 years, and I'm sorry, ! just have the one. I can't give all of you a copy but I would lika to provide you with this copy that I have here. (Submitted three page list signed by Howard Reinhart.) CHAIRMAN: Thank you. MR. ELSTON: The property is presently being used as a canvass shop for the purchase of manufacturing and retailing canvass goods. There is a plumbing business there for storage. Business office. The Town has a municipal storage of equipment vehicles there. And there is the apartment upstairs. Now it's Page 2 - Appeal No. 3644 - WIGHTMAN/FREY/REINHART Public Hearing Transcript - Z.B.A. Regular Meeting held July 16, 1987 MR. ELSTON (continued): basically our position that the Town Zoning Laws, Section lO0-118(B) provides that a nonconforming use of a building or premises may be changed to a use of the same or higher classification. According to the provisions of this chapter. And I believe that the use of the premises that~it,s presently being put to consists of those which would be consistent with General Business or Light Business. And it's our position that the owners of the property, or pros- pective owners, will have the right to make certain improvements to the premises following the 50% rule as to modifications to the building~ to continue to use the building for various purposes consistent with that which has been put to use since 1935. An application has been made to the Building Department and those applications have been rejected, and the reasons for that were not.quite clear because we feel that the applications are proper and that they do conform to the requirements of the Town. Now, Mr. Strang, who you gentlemen are certainly familiar with, has been working with us on this~ and he is prepared to explain to the Board just what the prospective purchasers intend to do. And we feel that what is going to be done there is going to be only an improvement to the structures that are there, and it will be an asset to the community and certainly in no way detrimental, and they intend to put a structure there that will conform to the character of the community, and Mr. Strang will make that presentation. GARRETT A. STRANG, R.A.: I think that by the Site Plan that's been submitted we tried to clearly define what is going on there. There is two separate and distinct exi§ting buildings on the site Z-the westerly building is approximately 1360 sq. ft. on the first floor. That's the building that presently houses the canvass shop, and has had various and assorted retail business establishments in it in the past. Thehe's also the approximately 1600 sq. ft. structure to the east which is being used as the housing facility for the Town plowing vehicles and maintenance vehicles. The intention is basically to link those two structures together with an addition that's approximately 450 sq. ft. and to convert the what is now garage, if you will, into retail business uses In addition to that in the rear of the property, there is another building, a barn-type building, that has had in the past various and assorted uses, some of them farm related, and some of them business related, of various sorts. Again, we intend to maintain that use: part.of the building will be used for storage and part of the buiTding will be used for business Page 3 - Appeal No. 3644 - WIGHTMAN/FREY/REINHART Public Hearing Transcript - Z.B.A. Regular Meeting held Ju.ly 16, 1987 MR. STRANG (continued): be it retail,office, or whatever, would be allowed under the definitions of the Code. The square footages of the required uses have been clearly depicted on the site plan,'developed and presented to the Planning Board. The parking was in compliance with the zoning, and the site plan was submitted to the or referred to the Building Department for certification. It's since that particular step has happened that we've gotten routed to come before this Board. Again, I'm somewhat confused or at a loss as to why we are here. I don~t know that it's absolutely necessary. I also think of the position that what we are doing is within the realm of the code~ the definition and intent of the code. So I guess, initially we need either a clarification as to what it is why we are here, and then proper action can be taken accordingly. CHAIRMAN: Can we assume that these buildings were all built in 1932, or-- MR. REINHART:All about 1935. CHAIRMAN: All about 1935. SECRETARY: Could I have his name please. MR/!.'ELSTON: This is Mr. Reinhart. Mrs. Agnes Reinhart's son. MR. REINHART: I think the buildings were all built in 1935. Between 1935 and 1936. We lived in the apartment up above. We had a gas station downstairs on the one side, and we used the office for the produce business. The building in the back was a potato house for many years. We raised more potatoes that year. And then the liquor store was opened about the start of World War II, and she sold the liquor store in I guess it was the '5Os. I can't remember the man's name, now. I have it in the papers at home on it, but he leased that building and we rented the apartment out and he rented the store next door out. There were various real estate offices in there, and there was an accountant in there, and he kept the liquor store--was sold once or twice. Once from one owner to the other. And maybe about 10 years ago moved down to the Shopping Center in Cutchogue, his lease had run. Snce since that time there has been two or three real..estate people in there. The Tray House was in the store. And the Canvass Store was in there. Tidy Car was in one part for a while. And we've had various tenants upstairs. Page 4 Appeal No. 3644 WIGHTMAN/FREY/REINHART Public Hearing Transcript Z.B.A. Regular Meeting held July 16, 1987 MR. REINHART (continued): Baglivi had the back barn for his antique business. There are plumbers in the back barn now. That's about all I can tell you. CHAIRMAN: In 1957, which was the inception of zoning, would you say at that particular time that what existed in the buildings were the liquor store, and in the easterly part of the front building leased to the County or Town at that time for purposes of storage. ~MR. REINHART: liquor store at next door, and Garage was leased to the County. There was a that time. And I think there was an accountant it was the same man. CHAIRMAN: In the same building as the liquor store? MR. REINHART: In the same building as the liquore store. two stores there. There's CHAIRMAN: Do you remember the accountant's name? MR. REINHART: liquor store. It was the same man that owned the operated the Now in the shopping center in Cutchogue. MEMBER SAWICKI. Grebe. MR. REINHART: Different tenants for upstairs. He had at that time when he bought the liquor store, he leased the whole buil'ding, and he sublet the two parts. His lease ran out and he went to larger quarters and then we got different tenants. CHAIRMAN: Ok. Thank you for giving us that historical background. Is there anybody else that would like to speak in behalf of this application? MR. ELSTON: I would just like to reiterate to the Board the point that Mr. Strang pointed out, and that is the question "What are we doing here." I think what we're really doing here is asking the Board to give its approval that we have or we feel we have the right to do, but to get clarification as to the statute so that the Building Department will recognize all that we're doing is permissive. Thank you. Page 5 Appeal No. 3644 - Public Hearing Transcript - Z.B.A. Regular Meeting held July 16, 1987 WIGHTMAN/FREY/REINHART CHAIRMAN: Who else would like to speak in behalf of this application? Anyone against this application? (None). ! think to only briefly answer your question, sir, I think it's extremely difficult to superimpose what preexisting uses were there other than the fact that Mr. Reinhart said concerning the liquor store at the time of the inception of zoning, and the storage use by either the County or Town Highway Department in the easterly building. And whatever -- MEMBER GRIGONIS: And antique store. CHAIRMAN: Yes, and antique store in the rear building. And I know Mr. Baglivi held auctions. I don't know who was there prior to he, and I believe Mr. Grigonis to my left here said the building in the rear was also used for grating potatoes, which is an agricultural use. So I don't know how much farther we can go on that issue at this point. MR. ELSTON: What I'm suggesting, sir, is that the owners of the property should be permitted to use the premises for anything that is consistent with the General Business purpose, as long as it's in the same category. Now if an antique store or plumbing supply store was within the General Business category, then the owner should be permitted to use the premises for general business purposes as long as it's consistent with the type of businesses previously used. All higher cla§sification as to the zoning ordinance provides for. And it's for that purpose, we are saying if you want to go to the Building Department and do something with this building, that's consistent with its prior use, then we should be allowed to do that. CHAIRMAN: Ok. Thank you. Any other comment, Mr. Strang, before I close the hearing? MR. STRANG: The only thing I would like is when the decision is made and that the Board make it clear enough, going into assump- tion that the decision is favorable, that in the event there were to be a change of occupant or tenant if you will at some future day, we would not have to find ourselves before the Board again. I think that's what has been presented here. That anything that's compatible and continuous with the General-Business classification can happen, so that we have a liquor store today, and we want to put an accountant in there tomorrow, we don't Page 6 - Appeal No. 3644 - Public Hearing Transcript Z.B.A. Regular Meeting held July 16, 1987 WIGHTMAN/FREY/REINHART MR. STRANG (continued): have to come back to the Board again for another decision. CHAIRMAN: As you know, Mr. Strang, we have been discussing situations like this many, many times. My question basically to the Contract Vendees or applicants are, are they willing or have they thought about taking any specific nonconforming use away so as to reinstitute the possibility of that type of situation? In other words, are they willing to use only the rear part of the building for storage, without retail use, thereby allowing the reconstruction of the front part? MR. STRANG: You're making reference to the barn building in the rear of the separate buildings? CHAIRMAN: Yes. MR. STRANG: I don't know-- MR. WIGHTMAN: I ft. for retail back-- think in the Site Plan it has it's only 850 space, which is a very small amount in the sq. CHAIRMAN: I understand. MR. WIGHTMAN: And that would pretty much be for a showroom, maybe for a manufacturer, such as a plumber, plumbing and Heating, or window shop. SECRETARY: May I have your name please for the record? MR. WIGHTMAN: Fred Wightman. CHAIRMAN: Thank you. All right. We'll toss it around and see what we can do. We thank you very much for coming in, and for your courtesy. VICTOR LESSARD, BUILDING DEPT. ADMINISTRATOR: If I could clarify the position of the Building Department. The gentleman wants to know what they are doing here. The nonconformity the way the Law is written according to the Building Department, who interprets these laws by the way, says a nonconformity at the time of the inception of zoning will remain, ok, but if it remains dormant for two years, you lose the nonconformity. Now that means that nonconformity is exactly what you are doing at the time of zoning. Page 7 Appeal No. 3644 WIGHTMAN/FREY/REINHART Public Heari.ng Transcript - Z.B.A. Regular Meeting held July 16, 1987 MR. LESSARD (continued): It doesn't mean that you're going to pass decision:"Well a retail store or liquor store is the same as..." That goes to the Board of Appeals to make that decision. If Mr. Reinhart could prove every time he changed a nonconformity that there was no dormancy of two years in between--that's No. 1. And No. 2, that he get the proper OK from the Board of Appeals to classify the changes he was making. Ok? That's the position of the Building Depart- ment. We haven't got the latitude to allow it. That's the way the law is written. That is why you are here with the Board of Appeals and ask for a carte blanche to do whatever you want in the residential zone, well that's up to the Board of Appeals. MR. ELSTON: With all due respects, the Case Laws have held where there is a nonconforming use that that use may be'put to a different use as long as it's within the same category of use. Thus, if it's General Business and you have an antique shop in there, there is no prohibition to put in a pharmaceutical business. MR. LESSARD: Who made that decision, sir? MR. ELSTON: The Case Law of the State of New York has said that. MR. LESSARD: Who makes a decision that what you're changing to is of the same nonconforming status? MR. ELSTON: Well, sir, then you would have to look to the classification of the Town Zoning. For example, if the Town says in a General Business use--you start off, let's say you have a liquor store to begin with. And that liquor store falls within the General Business category. Then as a nonconforming use, you would then be permitted to use that building for any- thing that would fall into that category, thus if the liquor store falls in General Business category and General Business permits a grocery store or provides a veal store, or anything of that nature, that it would fall into that category and you wouldn't be changing the nonconforming use as long as you maintain that same category and then we would have to look to the statute or the zoning laws to see what are the categories or permitted uses within that particular zoning regulation. MR. LESSARD: If that is so, and I'm assuming that you know more about it than I dos I'm no lawyer--but it also states Page 8 - Appeal No. 3644 - Public Hearing Transcript - Z.B.A. Regular Meeting held July 16, 1987 WIGHTMAN/FREY/REINHART MR. LESSARD (continued): that it requires an Amended Site Plan. None of this stuff is happening. That has nothing to do with this but-- CHAIRMAN: That's a Planning Board issue. What I would like to ask you, sir, is that you supply us with some of that case law that you're referring to. And secondly, it's my understanding that only a C.O., Pre-C.O. for these buildings have been applied for--so as a matter of formality, I'm going to ask this hearing be recessed until the next regularly scheduled hearings so I have everything that's complete. It's merelY a formality, and I'll be in receipt of your particular case law at that point hopefully, and we will also have,the Pre-C.O. from the Building Department so we know what we have and what we might need. And if I close the hearing, I can't ask for anything else, and I might need something else. MR. ELSTON: I will be happy to supply whatever they wish. CHAIRMAN: Thank you. MR. ELSTON: Now as to the question of the continuous use, again, we have Mr. Reinhart present, and if you would like to inquire as to the uses, he would be happy to try and answer them. CHAIRMAN: There was a question, Mr. Reinhart, raised by myself and the Building Inspector concerning the possibility of lapse of time in between these businesses in and out of these buildings. MR. REINHART: There has always been business in those buildings. There hasn't been any lapse of time--no where near two years. They've been empty four months, changed tenants, but there has always been somebody in that building and always somebody in the barn. MEMBER SAWICKI: I also am very well familiar with the territory. And there has always been a business in there. CHAIRMAN: Thank you very much. Ok. Hearing no further questions, I'll make a motion recessing the hearing until the next regularly scheduled meeting. SECRETARY: August 20th? CHAIRMAN: For August 20, 1987. Page 9 - Appeal No. 3644 WIGHTMAN/FREY/REINHART Public Hearing Transcript - Z.B.A. Regular Meeting held July 16, 1987 Member Sawicki: Second. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. Respectfully submitted, Linda F. Kowalski, Board Secretary GARRETT A. STRANG ARCHITECT MAIN ROAD, P. O. BOX 1412 July 2, 1987 Mr. Gerald Goehringer, Chairman Southold Zoning Board of Appeals Main Road Southold, New York 11971 Re: Premises, Main Road, Peconic SC Tax Map ~1000-075-21-16 Dear Mr. Goehringer: Please be advised that the barn building situated on the north side of the above property, is presently being used by a plumbing and heating contractor. Approximately 200 sq. ft. of this his business office and 800 sq. ft. materials. building is used for for storage of his If the Board has any additional questions, please feel free to contact my office. Best regards. Very truly yours, GAS/b APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. iSERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.~ ¢=OUTHI"ILD, L.l., N.Y, 11g'71 TELEPHONE (516) 765-1809 June 25, 1987 Mr. Garrett A. Strang, R.A. Main Road, P.O. Box 1412 Southold, NY 11971 Re: Appeal No. 3644 - Fred Wightman/Joseph Reinhart Dear Garrett: This letter will acknowledge receipt of your applica- tion pending before the Board of Appeals in the above matter. The Board Members will be conducting field inspections and environmental reviews as may be required by State and local laws prior to the public hearing. It is requested in the interim following documentation as early as that you furnish the possible: 1. Copy of all persons or parties having an interest in the subject premises and a copy of the terms and condi- tions of the Contract of Sale [Questionnaire Form, Item #10]. (~oW~,\pending upstairs Copies of Certificates of Occupancy, Pre-C.O., and Building Permit concerning these premises for the record; Confirmation as to the ~'vable,~floor area of the apartment for the record; i 4. Confirmation as to the layout of Building 2 (use of the first floor, retail area, storage area, total square footage) for the record; ~ O~t~([~d 5 Confirmation as to the present use since December of Buiiding 1, if any (It i~ s our understanding that the carpentry shop vacate~ the premises during December 1986.) 6. existing 1st Sketch or map indicating the placement and size of sign. ..~.,~ '-~ ~. ~m. Page 2 June 25, 1987 To: Mr. Garrett A. Strang, R.A. Re: Appeal No. 3644 Fred Wightman/Joseph Reinhart In order to meet the newspaper's advertising deadline for our July 16th hearings calendar, we must request the above on or before July 2nd. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk 8outhold. N.Y. 11971 (516) 765-1938 April 15, 1987 Mr. Garrett Strang Architect P.O. Box 1412 Southold, NY 11971 Re: Frey and Whitman site plan at Peconic Dear Mr. Strang: Please let this confirm the following action taken by the Southold Town Planning Board, Monday, April 13, 1987. RESOLVED that the Southold Town Planning Board refer the site plan for Frey and Whitman for construction, of a connecting link between existing buildings and conversion of an existing building to a retail use to the Building Department for certification. Presmises are located at Main Road, Peconic, site plan dated as revised April 3, 1987. Would you please forward three (3)isite plans for our referral to the Building Department. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary cc: Building Department D T( ~ ¥ Southold. N.Y. 11971 (516) 765-1938 May 18, 1987 Mr. Garrett Strang Architect P.O. Box 1412 Southold, NY 11971 Re: Frey and Whitman Site Plan Dear Mr. Strang: We are in receipt of yours of May 12, 1987. As per the Executive Administrator's memorandum of April 29, 1987, the Planning Board cannot proceed with this application unless a change of zone is received from the Town Board. We will hold this application in abeyance until we hear from you on how you will be proceeding. If you have any questions, please don't hesitate to contact our office. Very truly ~ours~,, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD enc. By Diane M. Schultze, Secretary cc: Victor Lessard TEL. 765-1802 TOWN OF SOUTHOLD i ~ .... OFFICE OF BUILDING INSPECTOR ~F)R 9 198Z P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 April 29, 1987 TO: FROM: Bennett Orlowski Jr. Chairman, Planning Board Victor Lessard ~ Executive Administrator SUBJECT: Frey and Whitman Site Plan at Peconic The proposed shopping center is situated in the A-Residential-Agricultural Zone. The present use of this property is being used as a pre-existing non-con- formity and can be used only for those non-conformities. The applicant will have to apply to the Town Board for a change of zone, if the applicant wishes to pursue this application further. VGL/rm CC: Town Board Legai Notices . ance Lo the Zoning Ordinance, NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the follow- ' lng hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Seuthold Town Hall, Main Road, Seuthold, New ~York, on THURSDAY, AU- GUST 20, 1987 at the following 7:35 p.m. Appl. No. 3602 - MARGARET McNAMARA. Variance to the Zoning Ordi- nance, Article XI, Section 100- 119.2(B) for permission to con- struct wooden deck attached to existing dwelling with an inauf- ticient ~etback from existing timber bulkhead and Peconic Bay. Location of property: 640 Takaposha Read (Private Road #15),.Southold, NY; County Tax Map Parcel No. 1000-87-06-10. 7:40 p.m. Appl. No. 3646 - ROBERT AND NANCY MUIR. Variances to the Zoning Ordinance, Article lit, Section 100-31, Bulk Schedule, for per- mission to construct additions to dwelling with an insufficient rearyard setback and insuffi- cleat frontyard setback. Loca- tion of Property: Corner of Gil- lette Drive and Cleaves Point Road, East Marion, NY: County Tax Map Parcel No. 1000-38-2- 29. 7:45 p.m. Appl. No. 3643 - EUGENE PERINO. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for petrols- sion to locate proposed dwelling with or without deck addition within 75 feet of nearest wet- lands along the shoreline of Marion Lake. Location of Prop- arty: West Side of private right- Path," East Marion, NY; County Tax Map Parcel No. 1000-31-12- 16 7:50 p.m. Appl. No, 3644 - JOSEPH REINHART, FRED WIGHTMAN, and DAVID FREY. Recessed hearing from July 16, 1987 to be reconvened. 8:00 p.m. Appl. No. 3647 JOHN AND JOAN WETZEL. Variance to the Zoning Ordi- nonce, Article III, Section 100- 31 and Article XI, Section 100- 119.2, to construct additions to dwelling with reductions in the sideyard, and to construct addi- tion landward of existing dwell- lng structure 70-* feet from the nearest wetland edge or highwa- ter mark along Eugene Creek. Location of Property: 4635 Pequash Avenue tFleetwood Road), Cutchogue, NY; Fleet- wood Cove Lot No. 12; County Tax Map Parcel No, 1000-137- Ar~Xl Section 100-119.2 for pe~liion to construct swim- min~pool, deck and fence enclo- sure within 75 feet of wetland area along West Creek. Location of Property: 1900 Glenn Bead, Southold, NY; West Creek tares Lot No. 19; County Tax Map Parcel No. 1000-78-02-36. GeZ'~Py Pa~'l J.~PO of Greenport. in 8:10 p.m. Appl. No. 3655 ELLEN HOPE DeMARIA. said County, being duly sworn, says that he/she is Variance from Condition No. 1 rendered July 8, 1965 under Ap- peal No. 785, and Article [11, Section 100-32, for approwd of the construction of accessory storage shed in frontyard area as shown on survey prepared by Roderick VanTuyl, P.E. April 9, 1984. Location of Property: West Side of Private Road (West View Drive), Orient, NY; County Tax Map Parcel No. 1000-13-3-3. 8:15 p.m. Appl. No. 3656 - NICHOLAS IPPOLITO. Vari- ances to the Zoning Ordinance, Article III, Section 100-31, and Article XI, Section 100-119.2, for permission to construct garage addition to dwelling with an in- sufficient southerly sideyard set- back, insufficient total sideyards, insufficient setback from bulkhead along Ar- shamomaque Pond, and exces- sive lot coverage. Location of Property: 230 Carole Road, Southold~ NY; County Tax Map Parcel No. 1000-052-02-007. 8:30 p.m. Appl. No. 3653 - NORTH ROAD AS- SOCIATES. Variance pursuant to New York Town L~w, Section 280-a, tbr approval of access over private right-of-way extending 170 feet from the north side of Main Road. Orient, NY; County Tax Map Parcels No. 1000-18-4- 1.3 and 2. 8:40 p.m. Appl. No. 3592 - RENTE SNELLENBURG. Hearing recessed from July 16, 1987. 8:50 p.m. Appl. No. 3654 - WILLIAM MOORE, ESQ. and BENJAMIN HERZWEIG, ESQ. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to es- tallish "building envelope" with setbacks of not less than 38 feet from nearest wetland along existing two-foot contour and not less than 30 feet from the t~ont property line (as approved under Appl. No. 3412 June 30, 1987). Location of Property: 675 Meadow Lane, Mattituck, NY; Mattituck Estates Lot No. 42; County Tax Map Parcel No. 1000-115-5-7. The Board of Appeals will hear at said time and place all persons or representatives desir- ing to be heard in each of the above matters. Each hearing will not start before the time al- [otted~ Written comments may be submitted prior to the conclu- sion of the subject bearing. For more info~mation, please call 765-1809. Dated: July 27, 1987. By ORDER OF THE SOUTi tOLD TOWN BOARD OF APPE _A. LS STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) Sworn toA:/ofor~._~mo this 19// / a/f~ ,/ /[./ [~ NOIhRY PURl lC. Slate 0~ flew York Principal Clerk of THE SUFFOLK TIMES. a Weekly Newspaper. published at Greenport. in the Town of Southold. County of Suffolk and State of New York, and that the Notice of which tho annexed is a printed copy. has been regularly publisl~ed in said Newspaper once each week for ~o - weeks successively, commencing on the August _ . oay OT FERUCIO FRANKOLA.Y° NOrlCE ~lS HEREBY GIV- EN, pursuant to Section 267 of the Town Law ar[~ th,e, Code of the Town of So~l~"~tfle'~ following hcarin~ ~.~dl ~e!heqd by the SOUTHODD TOWN a~ a Regular Meeting at the Southold Town Hall, Main Road, Sou(hold, New York, on THURSDAYI AUGUST 20I 1987, at the following times: 7:35 p.m. Appl. No. 3602- MARGARET McNAMARA. Variance to the Zoning Or- dinance, Article XI, Section 100-i19.2(B} for permission to construct wooden deck attach- ed (o existing dwelling with an,-' insufficient setback from ex- isting timber bulkhead and Peconic Bay. Location of Pro- perty: 640 Takaposha Road (Private Road No. 15), Southold, NY; County Tax Map Parcel No. 1000-87-06-10. 7:40 p.m. Appl. No. 3646- ROBERT AND NANCY MU. IR. Variances to the Zoning Ordinance, Article Ill, Section 100-31, Bulk Schedule, for per- mission to construct additions to dwelling with an insufficient rearyard setback and insuffi- cient frontyard setback. Loca- tion of Property: Corner of Gillette Drive and Cleaves Point Road, East Marion, NY; Coun- ty Tax Map Parcel No./ 1000-38-2-29. 7:45 p.m. Appl. No. 3643- EUGENE PERINO. Variance to the Zoning Ordinance, Arti- cle XI, Section 100-119.2 for per- mission to locate proposed dwelling with or without deck addition within 75 feet of nearest wetlands along the shoreline of Marion Lake. Loca- tion of Property: West Side of private right-of-way known as "Truman's Path7 East Marion, NY; County Tax Map Parcel No. 1000-31-12-16. jH.7:50 p.m. Appl. No. 364.4- OSEPH RESNHART~ FRED TMANI AND DAVID Recessed hearing from uly 16, 1987 to be reconvened.f/ 8:00 p.m. Appl. No. 3647- JOHN AND JOAN WETZEL, Variance to the Zoning Or- dinance, Article Ill, Section 100-31 and Article XI, Section 100-119.2 to con~lruct additions to dwelling with reductions in the sideyard, and to construct addition landward of existing dwelling structure 70+ feet from the nearest wetland edge or , highwater mark along Eugene Creek. Location of Property: 4635 Pequash Avenue (Fleet- wood Road), Cutchogue, NY; Fleetwood Cove Lot No. 12: County Tax Map Parcel 1000-137-0~-006. iance to the Zoning Or- nee, Article XI, Section 119,2 for permission to con- struct swimmingpool, deck and fence enclosure within 75 feet of wetland area along West Creek. Location of Property: 1900 Glenn Road, Sou(hold, NY; West Creek Estates Lot No. 19; County Tax Map Parcel No. Ss: 1000-78-02-36. 8:10 p.m. Appl. No. 3655- ich the annexed is a printed copy, ,F~,~,~.a.~.=_~OPE DeMARIA. d Long Island It tveicr-%atchrnan Variance from ~ · ~ ...... weeks rendered July 8, 1965 under Ap- ' ........... peal No. 785, and Article II1, Section 100-32, for approval of on lhe '~' ' the construction of accessory storage shed in frontyard area as tc .~ , shown on survey prepared byl ..... 19 . !. ~'. Roderick VanTuyl, P.C. April 9, 1984. Location of Property: West Side of Private Road (West View Drive), Orient, NY; Coun- ty Tax Map Parcel No. 1000-13-3.3. 8:15 p.m. Appl. No. 3656- NICHOLAS IPPOLITO. Variances to the Zoning Or- ~ ........... dinance, Article Ill, Section 100.31, and Article XI, Section . . . 100-119.2, for permission to con- struct garage addition to dwell- ing with an insufficient souther- ly sideyard setback, insufficient ~ ~, total sideyards, insufficient set- back from bulkhead along Ar- ~LL/'.<N. shamomaque Pond, and ex- m~ry Public cessive lot coverage. Location of ~ Property: 230 Carole Road,,r// BAI~!!~,I(A Sou(hold, NY; County Tax Map ~)'Y Parcel No. 1000-052-02-007. ::,,. ,~ :, ; 8:30 p.m. Appl. No. 3653- NORTH RQAD ASSOCIATES. Variance pursuant to New York Town Law, Section 280-a, for approval of access over private right-of-way extending 170 feet from the north side of Main Road, Orient, NY; County Tax Map Parcels No. 1000-18-4-1.3 and 2. 8:40 p.m. AppL No. 3592- BENTE SNELLENBURG , Hearing recessed from July 16, 1987. 8:50 p.m. Appl. No. 3654- WILLIAM MOORE, ESQ. and ~ENJAMIN HERZWEIG,. ESQ~ Variance to the Zoning?" Ordinance, Article XI, Section 100-119.2 for permission to establish "building envelope" with setbacks of not less than 38 feet from nearest wetland along existing two-foot contour and not tess than 30 feet from the front property line (as approv- ed under Appl. No. 3412 June 30. 1987). Location of Proper- ty: 675 Meadow Lane, Mat- tituck, NY; Mattituck Estates Lot No. 42; County Tax Map P~rcel No ~000d15-5-7. ~ The of Appeals will hear a~ .... c and place all July sworn, says that she is the LAND 7RAVELER-WA-fCHMAN, d al Sou(hold, in Suffolk County; Southold Town Board of Appeals MAIN ROAD- STATE EOAD 25 fi0UTHO . . APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLAS$ JOSEPH H. SAWICKI 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 free to call our office, 765-1809. Yours very GCRA~D"P. 'GOEHRCNGER CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk Page 4 - List of Mailing Notice of Hearings August 20, 1987 ZBA Regular Copies to: Suffolk Times L.I. Traveler-Watchman Town Clerk Bulletin Board Meeting Mr. Mr. Mr. Mr. Mr. Mrs. Kevin McLaughlin, Esq. for McNamara and Mrs. Robert Muir, 14 Robin Road, Dix Hills, NY 11746 and Mrs. Eugene Perino, 132 Bayview Avenue, East Islip, NY and Mrs. John Wetzel Ferucio F~ankola, P~O. Ferucio Frankola, 901 Box 630, Southold, NY 11971 138th Place, Malba, NY 11357 Ellen Hi DeMa~ial06 Vineyard Place, Port Jefferson, Gary Flanner Olsen, Esq. for N. Ippolito Mr. and Mrs. Joseph Smulcheski, Carole Road, Southold, Patricia C. Moore, Esq. for North Road Associates Mr. Edward Linker, Box 791, Orient, NY 11957 Mrs. Joseph Snellenburg Cardinale, Esq. ld Dean William D. Moore, Esq. ZBA Members by mail Individual ZBA files ZBA Office Bulletin Building Department Planning Board Supervisor F.J. Murphy Board Administrator V. Lessard 11730 NY 11777 NY 11971 Southold Town Board of Appeals HAIN RDAD-BTATE ROAD 25 SOUTHnLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD July 16, 1987 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLESGRIGONIS, JR. S.E Q.R.A. SERGE 00YEN, JR. ' ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLAt~ATION JOSEPH H. SAW~CK~ Notice of Determination of Non-Significance APPEAL NO.: 3644 PROJECT NAME: FREDERICK WIGHTMAN/DAVID FREY/JOSEPH REINHART 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 ally other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II EX] ~nlisted [ ] DESCRIPTION OF ACTION: Use Variances for Limited Business(es) and/or Interpretation of activities permitted ~under Pre-C.O. uses LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Main Road, Peconic, NY ~000-75-1-16 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) The property in question is not located within 300 feet of tidal wetlands or other critical envirenmental area. (3) This is an application concerning use of premises and is not directly related to new construction FOR FURTHER INFO~MATION, PLEASE CONTACT: Linde Kowals~i, 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 on the Town Clerk Bulletin Board. and posted mc Legal Notices NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the follow- ins hearings will be beid by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Itall, Main Road, Southold/New York, on THURSDAY, JULY 16, 1987 at the following times: 7:35 pm. Appl. No. 3581 - GEORGE D. DAMIEN. Vari- antes to the Zoning Ordinance, Article II1, Section 100-31, and Bulk Schedule, for approval of insufficient area, width and deptb of two parcels in this penal- :ns set-off division of land cared at the Corners of Jackson, I.'fftb and Main Streets. New 5uflolk, NY; County Tax Map District 1000, Section 17, Block 9, l~t 12, containing a total area of 28,919-+ sq. R. 7:40 p.m. Appl. No. 3639 - WILHELM FRANKEN. Vari- ance to the Zoning Ordinance, Article II1, Section 100-32, and Article XI, Section 100-119.2, for permission to locate 25' by 25' accessory building in sideyard area and with insufficient set- back from existing bulkhead along Gull Pond lnlet. Location of Property: West Side of Osprey Nest Road, Greenport, NY; Cleaves Point Subdivision Sec- tion 1, Map 2752, Subdivision Lots 14 and 15; County Tax Map District 1000, Section 35, Block 6, Lots 22, 23 and 24 (now 24.11. 7:45 p.m. Appl. No 3635 - AR- TltUR V. JUNGE. Variance to the Zoning Ordinance, Article IlL Section 100-30(A} for per- mmsion to establish electrical shop use in this,l~.-40" Residen- tim and Agr ral Zoning District. Loca~of Property: North Side of C.R. 48, Cutch- ogue, NY; C,ounty Tax Map Dis- trict 1000, Section 96, Block i, Lot 19, containing 45,589± sq. ft. in lot area. 7:50 p.m. Appl. No. 3631 - PUDGE CORP. Variance to the Zoning Ordinance, Article III, Section 100-30IA) for per- mission to establish and con- struct 7500 sq. ~. building for in- dustrial use in this "A" Residen- tial and Agricultural Zoning District. Location of Property: North Side of C.R. 48, Cutch- ogue, NY; County Tax Map Dis- trict 1000, Section 96, Block 1, Lot 20, containing 39,524~+ sq. ft. in lot area. 7:55 p.m. Appl. No. 3638 - JAMES AND MARY TYLER (continued from dune 18, 1987L Special Exception modifying Appl. No. 3400 to permit vehicle doors to face street side as con- structed. Location of Property: 6795 Main Road, Laurel, NY; Mattitnck Holding Co. Minor Subdivision Lot #3; County Tax Map District 1000, Section 125, Block 1, Lot 19.6. 8:00 p.m. Appl. No. 3642 - DINA MASSO. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 to construct accessory boathouse structure with dqck at the foot of the bluff, and deck and new stair~ along and at top of bluff areas, all landward of existing wood bul- khead along Peconic Bay, prem- ise$ known as 5705 Nassau Point Road, Cutchogue, NY; Lot 39, Amended Map A of Nassau Point Filed August 16, 1922; County Tax Map District 1000, Section 111, Block 13, Lot 04. AVID FREY/JOSEI~[ EINIIART. Variance to, oning Ordinance, Article tion 100-30IA), Article [ ~ection 100-1 tS(E) for establish- meat of business uses, and/or in- terpretation, to permit the fol- Iowiag activities: retail sales and storage, business office, pro- fessional o0]ce, governmental office, contractor office, per- sonal-service store or shop, as described for the "B-Light BuM- ness" Zoning DJ,strict, Section i00-60(A}[21, 14l, 181 inclusively, in conjunction with existing single-family dwefling unit on second-floor haviag a livable floor area of 900 sq. ft Zone Dis- trict: "A-40." l~cation of Prop- erty: North Side of Main IOmd, Peconic, NY; County Tax Map District 1000, ,Section 75, Block ~ 8:20 p.m Appl. No. 11645 - PAUl, AND CHARLOTFE GALGAN, Variance to the Zon- ing Ordinance, Article XI, Sec- tion 100-119.2 for permission to construct additions to dwelling landward of existing construc- tion and within 75 feet of exist- ing bulkhead along Eugene's Creek, 4605 Stillwator Avenue, Cutchogue, NY; County Tax Map District 1000, Section 137, Block 03, Lot 05. 8:35 p.m. Appl. No. 3496 - FREDERICK KOEHLER, JR. Variance to the Zoning Ordi- nance, Article XI, Section 100- 119 2 for permission to construct 38' by 16' beach pavilion and at~ tached deck areas extending a length of I24 ± feet and width of 28 feet (exclusive of stairs), ac- cessory and incidental to the es- tabiished single-family residen- along Peconic Bay, 575 Old Ilar- bet Road, New Suffolk, NY; 8:40 p.m. Appl, No. 3592 - BENTE SNELLENBURG Zoning Ordinance~ Articles: (11 XI, Section 100-119.1(B) for ap- fencing along the easterly prop- erty line a b!ngtb of 72 t feet; lng the November 6, 1986 Order to Remedy Violation which man- nffthe east side of South Harbnr No. 10, or ()Id Woods I'atbl, The Board of Appeals will Io~ted. Written comlnents may sion of the subject hearing. For more information, please call 765-1809. BY ORDER OF TIlE SOUTHOLD TOWN BOARD OF APPEALS CItAIRMAN Board Secreh~.ry 1TJy9-5658 NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Code of the Town ot~ Southold, the following hea~rifi~S Will be held by the SOUTHOLD TOWN BOARD OF APPEALS-'~'~a Regular Meeting at the Southold Town Hall, Main Road, Southold, New York, on THURSDAYr JULY 16, 1987, at the following times: 7:35 p.m. Appl. No. 3581- GEORGE D. DAMI~EN. Variances to the Zoning Or- dinance, Article I11, Section 100-31, and Bulk Schedule, for approval of insufficient ama, width and depth of two parcels in this pending set-off division of land located at the Corners of Jackson, Fifth and Main Streets, New Suffolk, NY; County Tax Map District 1000, Section 17, Block 9, Lot 12 con- taining a total area of 28,919± sq. ft. 7:40 p.m. Appl. No. 3639- WILHELM FRANKEN. Variance to the Zoning Or- dinance, Article I11, Section 100-32, and Article XI, Se~:tion 100-119.2, for permission to locate 25 ' by 25' accessory building in sideyard area and with insufficient setback from existing bulkhead along Gull Pond Inlet. Location of Proper- ty: West Side of Osprey Nest Road, Greenport, NY; Cleaves Point Subdivision Section 1, Map 2752, Subdivision Lots 14 and 15; County Tax Map District 1000, Section 35, B 0ck 6, Lots 22, 23, and 24 (nOw 24. i). 7:45 p.m. AppL No. 3635- ARTHUR ¥. JUNGE. Variance to the Zoning Ordinance, Arti- 1922; County Tax Map District 1000, Section 111, Block 13, Lot 04. p.m. Appl. No. HCK to the Z cie II1, Section 100-30(A), Arti cie XI, Section 100-118(E} fo] establishment of business uses and/or inte~rctation, to permii the following activit es: retail sales and storage, business of- rice, professional office, govern- mental office, contractor office, personal-service store or Shop, as described for the "B-Light Business" Zoning District, Sec- tion 100-60(A)[2] [4], [8], in- clusively, in conjunction with ex- isting single-family dwelling unit on second-floor having a livable area of 900 sq. ft. Zone "A-40:' Location of Side of Main NY; County Tax Map District 1000, Section 75, Block 1, Lot 16, containing . 1.0194 acres. 8:20 p.m. Appl. No. 3645- PAUL AND CH A R lyO-~'~ O&LGAN. Variance to the Zon- ing Ordinance, Article XI, Sec- tion 100-119.2 for permission to construct additions to dwelling landward of existing construc- tion and within 75 feet of ex- isting bulkhead along Eugene's Creek, 4605 Stillwater Avenue, Cutchogue, NY; County Tax Map District 1000, Section 137, Block 03, Lot 05. 8:35 p.m. Appl. No. 3496- FREDERICK KOEHLER~ JRt. COUNTY OF SUFFOLK SS: 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 ....................... da-' of ~ t ~47~-~ ~ f '7 ~:': ZZ'. ......................... - ............ ' dC/ Sworn to before me this ............. ./~. ..... day of .................. ~,r :~.4- ~-5. ~c> ~*,..; ~ . '7 . . ~ ........... Notary Public BARBARA FORBES Notary Pub;lc, Sit, Lc of New York No. 4806~6 Qm~!;fie 1 in [;al{:olk ~o~nty C,~mmisslon ]Lxpires ~ ~fi. fld Southold Town Board of Appeals MAIN ROAD- ~TATE ROAD 25 SOUTHOLD, L.I., N.Y. TELEPHONE (516) 165-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI ~',~ 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 fr~e to call our office, 765-1809. Yours_ very tr~uly~ ~ ~ G~RA~D P. GOEHR~'NGER ~/ CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk P.S. Please be sure to bring copy of Pre-C.O.before or during.the public heari.ng for the record and copy of conditions of sale. Thank you. NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, New York, on THURSDAY, JULY 16, 1987 at the following times: 7:35 p.m. Appl. No. 3581 GEORGE D. DAMIEN. Variances to the Zoning Ordinance, Article III, Section 100-31, and Bulk Schedule, for approval of insufficient area, width and depth of two parcels in this pending set-off division of land located at the Corners of Oackson, Fifth and Main Streets, New Suffolk, NY; County Tax Map District 1000, Section 17, Block 9, Lot 12, containing a total area of 28,919± sq. ft. 7:40 p.m. Appl. No. 3639 - WILHELM FRANKEN. Variance to the Zoning Ordinance, Article III, Section 100-32, and Article XI, Section 100-1t9.2, for permission to locate 25' by 25' accessory building in sideyard area and with insufficient setback from existing bulkhead along Gull Pond Inlet. Location of Property: West Side of Osprey Nest Road, Greenport, NY; Cleaves Point Subdivision Section I, Map 2752, Subdivision Lots 14 and 15; County Tax Map District 1000, Section 35, Block 6, Lots 22, 23 and 24 (now 24.1). 7:45 p.m. Appl. No. 3635 - ARTHUR V. JUNGE. Variance to the Zoning Ordinance, Article III, Section lO0-30(A) for permission to establish electrical shop use in this "A-40" Residential and Agricultural Zoning District. Location of Property: North Side of C.R. 48, Cutchogue, NY; County Tax Map District 1000, Section 96, Block 1, Lot 19, containing 45,589± sq. ft. in lot area. 7:50 p.m. Appl. No. 3631 PUDGE CORP. Variance to the Zoning Ordinance, Article III, Section lO0-30(A) for permission to establish and construct 7500 sq. ft. building for industrial use in this "A" Residential and Agricultural Zoning District. Location of Property: North Side of C.R. 48, Cutchogue, NY; County Tax Map District 1000, Section 96, Block l, Lot 20, containing 39,524± sq. ft. in lot area. Page 2 Notice of Hearings Southold Town Board of Appeals Regular Meeting - July 16, 1987 7:55 p.m. Appl. No. 3638 - JAMES AND MARY TYLER (continued from June 18, 1987). Special Exception modifying Appl. No. 3400 to permit vehicle doors to face street side as constructed. Location of Property: 6795 Main Road, Laurel, NY; Mattituck Holding Co. Minor Subdivision Lot #3; County Tax Map District 1000, Section 125, Block l, Lot 19.6. 8:00 p.m. Appl. No. 3642 DINA MASSO. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 to construct accessory boathouse structure with deck at the foot of the bluff, and deck and new stairs along and at top of bluff areas, all landward of existing wood bulkhead along Peconic Bay, premises known as 5705 Nassau Point Road, Cutchogue, NY; L6t 39, Amended Map A of Nassau Point Filed August 16, 1922; County Tax Map District 1000, Section lll, Block 13, Lot 04. SEPH REINHART. Variance to the Zoning Ordinance, Article III, ) Section lO0-30(A), Article XI, Section lO0-118(E) for establishment of business uses, and/or interpretation, to permit the following / activities: retail sales and storage, business office, professional office, governmental office, contractor office, personal-service store or shop, as described for the "B-Light Business" Zoning District, Section 100-60(A)[2],[4],[8] inclusively, in conjunction with existing single-family dwelling unit on second-floor having a livable floor area of 900 sq. ft. Zone District: "A-40." Location of Property: North Side of Main Road, Peconic, NY; County Tax Map District 1000, Section 75, Block 1, Lot 16, con- taining 1.0194 acres. ....... 8:20 p.m. Appl. No. 3645 PAUL AND CHARLOTTE GALGAN. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct additions to dwelling landward of existing construction and within 75 feet of existing bulkhead along Eugene's Creek, 4605 Stillwater Avenue, Cutchogue, NY; County Tax Map District 1000, Section 137, Block 03, Lot 05. 8:35 p.m. Appl. No. 3496 - FREDERICK KOEHLER, JR. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct 38' by 16' beach pavillon and attached deck areas extending a length of 124± feet and width of 28 feet (exclusive of stairs), accessory and incidental to Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting July 16, 1987 the established single-family residential use of the premises, not to be operated for sleeping or habitable purposes and not operated for gain, within 75 feet of ordinary highwater mark and/or landward edge of tidal wetland, along Peconic Bay, 575 Old Harbor Road, New Suffolk, NY; County Tax Map District 1000, Section 117, Block 03, Lot 06. 8:40 p.m. Appl. No. 3592 - BENTE SNELLENBURG (Continued from April 20, 19871 as requested). Variances to the Zoning Ordinance, Articles: (1) XI, Section lO0-119.1(B) for approval of eight-foot height of fencing along the easterly property line a length of 72± feet; (2) XII, Section 100-141, Appealing the November 6, 1986 Order to Remedy Violation which mandates a building permit for new fencing along the easterly property line. Location of Property: Private right-of-way extending off the east side of South Harbor Road (known as Private Road No. 10, or Old Woods Path), Southold, NY; County Tax Map District 1000, Section 87, Block 2, Lot 21. The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above matters. Each hearing will not start before the time allotted. Written comments may be submitted prior to the conclusion of the subject hearing. For more information, please call 765-1809. Dated: June 30, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary Notice to Newspapers: Please publish once, to wit: JULY 9TH, 1987 and forward two affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971,(on or before July 14th). Thank you. 765-1809. Notice of Hearings - July 16, 1987 Southold Town Board of Appeals Copies on or about July Suffolk Times L.I. Traveler-Watchman 2, 1987 to the following: Mr. George D. Damien, 4015 West Fairview Heights Avenue, Tampa, FL 33616 Mr. George D. Damien, Box 626, New Suffolk, NY 11956 Mr. John H. Geideman, as Agent for Mr. Wilhelm Franken, Box 416, East Marion, NY 11939 Mr. Wilhelm Franken, Osprey Nes~ Road, Greenport, NY 11944 Mr. Arthur V~ Junge, 68~0 Nassau Point Road, Cutchogue, NY 11935 Mr. James L. Gray, Sr., Pudge Corp., Box 1465, Southold 11971 Richard F. Lark, Esq., Box 973, Main Road, Cutchogue, NY 11935 as Attorney for Mr. and Mrs. James Tyler Mr. Garrett A. Strang, R.A., as Agent For Dina Masso and Fred Wightman Main Road, Box 1412, Southold, NY 11971 Mr. William Jacobs, Builder, as Agent for Mr. and Mrs. Paul Galgan Depot Lane, Cutchogue, NY 11935 Mr. and Mrs. Paul Galgan, 4605 Stillwater Ave, Cutchogue, NY 11935 Mr. Henry E. Raynor, Jr. as Agent for Mr. Frederick Koehler P.O. Drawer A, Jamesport, NY 11947 Philip J. Cardinale, Esq. as Attorney for Mrs. D. Dean P.O. Drawer W, Main Road, Jamesport, NY 11947] Mrs. Donald E. Dean, 9 Yorke Road, Mountain Lakes, NJ 07046 Mr. and Mrs. Socrates Spirakis, 139 Stratford Ave, Garden City,NY Justice and Mrs. J. Snellenburg, Private Road, Southold, NY 11971 11530 Individual Board members with maps for on-site Town Clerk Bulletin Board 7/1/87 ZBA Office Bulletin Board 7/1/87 Building Department (Vic) Planning Board Office inspections/reviews. JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 24, 1987 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 Transmitted herewith is Zoning Appeal No. 3644 , application of Garrett Strang for a variance. Also included in notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. 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 Southold Town Clerk GARRETT A. STRANG MAIN ROAD, P. O. BOX 1412 $OUTHOLD, NEW YORK 1 lg71 June 12, 1987 Mr. Gerald Goehringer, Chairman Southold Town Zoning Board of Appeals Main Road Southold, New York 11971 Re: Wightman Property, Main Road, Peconic Dear Mr. Goehringer: The enclosed application is being made initially as a request for an interpretation of the Code, with respect to pre-existing, non-conforming "Use". In the event that the Board were to interpret the definition of use as certain, specific tenancies, I would ask that it act on this application, granting relief from limitation of specific tenancies, to broader business use, as is my understanding of the spirit and intention of the Code. Thank you for your courtesy and cooperation in this If you have any questions, please contact my office. GAS/b Enc. matter. Very truly yours, Garrett A. Strang, R.A. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : Garrett A. Strang for Wiqhtman.:, Contract Vendee 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 to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] Interpretation and/or Use Variance 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: Main Road~ Peconic ~ New York 1000-75-1-16 3. That the property which is the subject of such Petition is located in the following zoning district: A-Residential 4. That by such Petition, the undersigned will request the following relief: permission not to be limited to specific tenancies 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 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. Dated: June 12, 1987 Petitioner Garrett A. Strang, Architect for Owners'Names: Fred Wigh~man. PostOfficeAddress 1038 West Main Street Southold , New York 11~71 PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS North by: Frank Cichanowicz III Main Road, Peconic, New York 11958 South by: Main Road East by: Frank Chichanowicz III Main Road, %180, Peconic, New York 11958 East by: Curt Meyhoefer P.O. Box 317, Main Road, Southold, New York 11971 West by: .... l~ki 60rton Drive, E. J Garrett A. Str ~-- ~ J · · 2v"' ocrang ~ ~ US~ ~ra~k ChLcha~owLcz III ~ aain Roadt :$d80 Peconic~ N~ York 11958 curt Meyh0efer Box 317. Main Road .qnuthnldr New York 11971 MAY BE U~ED FOR DOMEET~C AND INTERNATIONAL MAIL, DOEE NOT PROVIDE PS FORM MAY 1976 3~117 ~GPO: 1977-750-851 ~l±-lan GOzelski 60rton D..r. ive ~East Northport, New York 11731 MAY EE U~ED FOR DOMESTIC AND ~NTERNATIONAL MAIL, DOES NOT PROVIDE PE FORM MAY 1976 3~!7 OGPO: 1977-750-851 Northport, New York 11731 ~ Road, Mattituck~ New York ,, deposes and ~ays that on the 12th day le copy of the Notice set forth on the re- addresses set opposite their respective he addresses of said persons as shown on ~ were mailed at the United States Post Of- :es were mailed to each of said persons by INOI. al y r uu~,[ NOTARY PUBLIC. SI.La of New No, 473009~ Quol/fi~d i~ Suffolk C~o~h, de does not have to be completed on form transmitted to adjoining owners.) ~IIOI'IT £NVIRONMEI;?AL ,/,S~i~::]SH~:IIT l:'Olll4 ,~llsTRu~T'ION $~ (a) Jn order %o an~,wor tho que~tion~ in this nhort £AF i8 l~ o~n~d th~ tho ~roparer v~ll u=~ currently av~ilablo ~fo~,~tton eonco~ln~ tho project ~oly ~pac~ et ~ho ac~oR~ l~ L~ no~ o~oc~ed ~h~t ~dd~t~on~tl ~ud~oe, roeo~rch Or o~hor Znvos~ZSat~onn ~l bo ~dor~kon, (b) If any question has boon anowore~ Yes the project ~? bo ~flconc and a cc~ploted EnvZro~enta~ Asso9smon~ Fo~ ~ ~o thc proJoc~ ~o or phy~tc~lly niter 2, ~11 ~horo bo a ~Jor chnn~o to any,unique o~ ununuul land fo~ fo~d on ~ho oLcu ~ * · · · ]. W~i projec~ oL~or or have a largo .ff.ct on x ~, W~i proJec~ h~ve a potentl.lly lnr~o ~p.c~ on ~. W~I project s~f~c~ntly, affuct dre~nngo 6, Will project affect any tJ~oatunu,l or endangered 7. W~I proJec~ reset Ina ~raJor ~dw~r~m effect on 8. W~I proJec~ h~vo'a r~Jor effect cn vimml chef.. actor of tho con. unify or scenic views or kno~ ~o bo ~portan~ ~o tho co~r.~uni~y? . . . --~ Yes ~ ?Jo Will projoc~ ~dvorsol~ ~poc~ ~nF site or struct- ure of h&suoric~ pro-his~orlc, or p~loontologic~l onv~ronmon~ uro~ by a locnl o~oncy? · · · Yon .-~ lO. ~1 proJoc~ have e ~Jor effect on oxl~t~g or future recreational opport~itie~'~ . · · Yen, ~ No W~ll proJect.r~nult'in ~Jor traffic problems oz cause a major offec~ to oxtsting ~ransportation 12, ~ill proJoc~ ro~rly cause ob.lection~ble odor~, noise, gl'~re, v/br~tzon, or electrical ante as a res~ o~ ~he project's cperac/on? ; ,.. Ye= x 11o l~. ~t~ proJoc~ have any b~pact on publlc bea~th or l&* Will project Affect tho exiu~ing co~,m~ty by ~on ef nero ~h~n percent over a unc~.ye.r perio~ or h~ve ~ major negative eI'~ect un ctmrac~e~ of oho co. unity ~r nel,:hb~rno~?.. ~n=~=.~,..,..___.~....,..~. ~Fred Wi~htman, Contract ~ee June 12,_ 1~7 _: qUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH 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~ · : . ' ~Zh~ No 2.a) *b) 3. Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Y~s No Town Code, Ch. 97 for your reference.) Are there any areas open to a waterway without bulkhead? _V_e_s No Are there existing structures at or below ground level such as patios, foundations, etc? ' Yes -No- 4. Are the~e any existing or proposed fences, concrete barriers, decks, etc? Yes If project is proposed for an accessory building or structure, is total height at more than 18 feet above NA 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 ~l? State total: 27 ft. YP s -I~o Y-~ No 7. Are there other premises under your ownership abutting this parcel? If.yes, please submit copy of deed. 8. Are there any building permits~penaing oW this parcem ~z' (or abutting land under your ownership,'if any)? State Permit # and Nature: addit±on add alteration Yes No Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Site Plan Approval Planning Board Town Board Town TrUstees County Health Department Village of Greenport N.Y.S.D.E.C. Other NYs DOT Curb Cut Is premises pending a sale or conveyance? If yes, please submit copy of nam_es 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 a~ 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? 13. Please list present use or operations conducted upon subject property at this time b,,.~ and proposed same *Please submit photographs for the record. I certify that the above statements are true and are being reliance by the NA Si gravure Yes ~a ~a& No ~a& No Ye& No Ye~ No ~e~ No Yes ~ Yes /Iz Yes Nc Y-e-s- N( submitted for the Board of Appeal ' ' ' plication. (Property Owner) (~~~ 3/87 1 k § 97-13 WETLAN/)S § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 6-5.84 by L.L. No. 6-1984] 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 mean low tide are covered by tidal water~ to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other Iow lying lands subject to tidal action; (2) All banks, bogs, meadows, fla~s anti tidal marsh eubject to such tides and upon which grows or may grow some or any of tbe following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundscl, marshmallow and Iow march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet bunlward of thc moat htndward edge of such a tidal wetland. B. FREStlWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 2.1.25- tlc 1, § 24-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Cooscrvation Law of thc State of New York; and (2) All land immediately adjacent to a "freshwater wet- land," as defiocd in Subsection B(1) and lying with- in seventy-five (75) feet landward of tho most land. ward edge of a "freshwater wetland." 9705 - LETTER OF AUTHORIZATION - TO WHOM IT MAY CONCERN: I, Prederick A. Wightman , authorize Garrett A. Strang, Architect, to act on my behalf in making application to the New York ~tate Department of Environmental Conseruation, and any other State or local agency, with regard to this project. Sworn to before me this , 198'~ N. 49° 54' CARPENTRY SHOP CUSTOM CANVAS HOEY'S SHOP ON STREET LEVEL~ APARTMENT UPSTA IRS. TOWIV OF SOUTHOLD STORAGE BUILDING N/O/F LAND OF G, BERv, oSKI 188, / ~tor'/ b/dF. ;- (~ brtb. k, ~ sforY bld9 N 4Zo 0© 16Z ' RO L p,-~g. SURVEY FOR FREY 8~ WIGHTMAN, P. C. AT PECONiC TOWN OF SUFFOLK N.Y. I000 SOUTHOLD COUNTY 0 75 OI SCA LE NOV. 8, 1986 - 16 86 - 668 /~____ /~....~ AREA= 1.0194 ACRES ® ® r CARPENTRY SHOP HOEY'S CUSTOM CANVAS SHOP ON STR£ET LEVEL, APARTMENT U~STA/~S. d~'~ ~ '~'.) TOWN OF~OUTHOLD STORAGE BUILDING N/O/F LAND N oF G. BER~OSK~ / ~tory ~. 8,0h° 188. .60 SURVEY* FOR FRE¥ 8~ WIGH'I'MAN, iR, C. AT PECONIC TOWN OF SUFFOLK SOUTHOLD COUNTY* N. Y. IOOO 0 7'5 OI - 16 SCA LE I" = 20' NOV. 8, 1986 i ~/~IN ROAD LIC. NO. 49668 ENGINI~,ERS, P.C. AREA= 1.0194 ACRES ;I '2 f I ~[-CTIO# TNI~OU6H CUR~ GARRETT A. STRANG Main Road P.O, Box 1412 Southold N.Y. 11971 516' 765 ' 5455