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HomeMy WebLinkAbout35957 Southold Town Board of Appeals MAIN R~3AD- BTAT£ ROAD 2.~ ~OUTHE]LD, L.I., N.Y. llCJ'71 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3595 Application Dated December ]9, ]986 TO: Mr. Donald J. Grim 475 Jernick Lane Southold, NY 11971 TELEPHONE (516) 765-1809 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on March 5~ 1987, 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 IX , Sectio~ ]00-93 (Sulk Schedule), ]00-9] [ ] Request for Application of DONALD J. GRIM for a Variance to the Zonin~ Ordinance, Article IX, Section TO-O-Z--90, 100'-93, Bulk Schedule, for permission to con- struct two-story building for office use incidental to principal use of the premises with an insufficient frontyard setback in this "C-I" Heavy Industrial Zoning District. Location of Property: Lot No. 2, Minor Subdivision No. 450; South Side of Oregon Road, Cutchogue, NY; County Tax Map Parcel No. lO00-83-O03-part of Lot 4.4. Containing 4.59 acres. WHEREAS, a public hearing was held and concluded on February 5, 1987 in the Matter of the Application of DONALD J. GRIM under Applica- tion No. 3491; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. This is an application for a Variance from the Provisions of Article IX, Sections 100-90 and 100-93, Bulk Schedule, of the Zoning Code for permission to locate and construct 30' by 40' wide building for office use incidental to the established commercial use of the premises. 2. The setbacks of the proposed building are: (a) 35 feet from ~he f~ont ~rop6rty?]ine [along Oregon Road]; (b) 40 feet from the west side property line, (at its closest points). 3. The premises in question is located in the "C-l" Heavy Industrial Zoning District, contains an area of 4.5913 acres (or 199,997 sq. ft.) with frontage along the south side of Oregon Road of 362.05 feet and is identified on the Suffolk County Tax Maps as District 1000, Section 083, Block 03, part of 4.4. The (CONTINUED ON PAGE TWO) DATED: March 5, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOW/q ZONING BOARD OF APPEALS 'Page 2 - Appeal No. 3595 Matter of DONALD J. GRIM Decision Rendered March 5, 1987 subject parcel is referred to as Lot #4 of Pending Minor Subdivision No. 450 of L.B. Glover before the Southold Town Planning Board. 3. Under Application No. 3491, a Special Exception was conditionally grnated by this Board on June 25, 1986 concerning the existing trucking business (Oak Street Trucking). 4. Article IX, Section 100-93, Bulk Schedule of the Zoning Code requires a minimum frontyard setback in this zoning district of 150 feet. In viewing the setbacks of existing p~incipal struc- tures in the immediate area, the board finds that a setback at fi6t less than 35 feet would not be unreasonable. It is understood that the use of this building will be~striCtly for t~6]office operation of the trucking establishment. 5. It is also project in question zoning code and will business other than #3491. the understanding of this board that the will not violate any other provisions of the not be used for a~'second&ry or unrelated that esta§lished under Special Exception In considering this appeal, the board also finds and deter- mines: (a) the relief requested is hot unreasonable; (b) the circumstances are unique; (c) the relief requested is not substantial in relation to those structures existing in the area; (d) there will be no substantial change in the char- acter of the area and the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town; (e) there will be no increase in population density resulting from the grant of this variance; (f) in consideration of the above factors, the interests of justice will be served by allowing the variance, as conditionally noted below. Accordingly, on motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that a Variance for permission to locate 30' by 40' building for office use incidental to the present use of the premises (as approved under Special Exception No. 3491), BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The building be no closer than 35 feet to the front property line [along Oregon Road]; 2. The building be no closer than 50 feet to the west property line; 3. The building be used for office use incidental to the existing principal business operation (now Oak Street Trucking) established under Special Exception No. 3491. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Douglass. (Member Sawicki was absent.) This resolu- tion was duly adopted. lk G~ERARD-~: '-1~0 Eqt R~I~N GER ] March 6, 1987 Town Cl:rk, S:c: n ::~ ~:c~:: .c!d NOTICE OF HEARINGS 1BOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold. the following publi, c hearings will be held by the SOUTi~IOLD ,~OW-N BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting: THURSDAY FEBRUARY 5~ [987 at the following times: 7:35 p. rs. Appeal ~ 3601 - MARGARET AND 3OSEPI~ BEST. Variance to the Zoning Ordinance. Article XI. Section 100-ll9.2 for permission to construct addition at the southerly side of existing dwellil~ § with an insufficient sethack from bulkhead along tidal water area. and to Section [00-31 ~ Bulk Schedule, for an insufficient setback from lhe rear property line~ at premises located along the south side of a private right-of-way (extending off the east side of Camp lV~ineola Road;, Ivlattituck. NY; County tax Map Parcel No. 1000- 123-06-17. ?:40 p.m. Appeal No. 3599 - SAMUEL S. COHEN. Variance to the Zoning Ordinance~ Article III. Section 100-32 for permission to construct accessory garage structure~ for storage and garage pur- poses~ in the front and side yard areas~ premises located along the south side of $ privale right-of-way (extending off the south side of Indian Neck Road) , Peconic, NY: County Tax Map Parcel No. [000- 98-5-18. 7:45 p.m. Appeal No. 3598 - DANIEL AND IRENE b/IcKASTY. Variance to constract swimmlngpool with fence enclosure and cabana within 75 feet of existing bulkhead along tidal water, requiring a lar~ance fo the Zonin§ Ordinance~ Article XI~ Sect'on [00-ll9.2. bpcat£(pn of Property: 13220 Main Road~ East Marion, NY~ County Tax Map Parcel No. 1000-31-~4-12. 7:50 p.m. AppealNo. 3595- DONALD J. GRIM. Variance ~he Zoning Ordinance~ Article IX Section [00-90~ 100-93. Bulk Schedule, for permission to construct two-story building foz office use incidental to principal use of the premises with an insufficient frontyard setback in this "C-l" Heavy Industrial Zoning District. Location of Property: Lot No. 2. Minor Subdivision No. 450; South Side of Oregon Road~ Cutchogue~ NY; County Tax Map Parcel No. 1000-83~ 3~ part of Lot 4.~. Containing 4.59 acres. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of February _5, 1987 ?:5 5 p.m. Appeal No. 3462 - HERBERT R. MANDEL. Variances to the Zoning Ordinance~ Article III~ Sections lO0-30A~ [OO-3l~ Column A-80~ resulting from this proposed three-lot Minor Subdivision "HighPoint at East iVfm~iO~)9 Section Three. Inc." for: (a) lots having insufficient lot area; (b) lots having insufficient lot depth; (c) Lot herin§ insufficient lot w~dth: (d) Lot 3 as proposed with structure havin9 an insufficient [rontyard setback; (e) Lots 2 and 3 as proposed each will contain structures that do not meet principal-use requil~ent for a single-family dwelling; (f) existing barns on Lots 2 and 3 as proposed will have insufficient setbacks from proposed frontya~d property line (and boundary [ine~ dividin9 Lots 2 and 3 runnin9 north and south~. Location of Property 9355 Main Road. East Marion: County fax Map Parcel No. 1000-031-03-ll.25. Containing 2. 918 acres. 8:05 p.m. Appeal No. 3590 - THO~X4AS J. AND CATHERINE ZII~MERMAN. Variance to the Zoning Ordinance. Article XI. Section 100-118E for permis- sion to construct addition to existing nonconforming structure which exceeds 50% of fair value of same as exists, at 265 Rochelle Place, Mattituck: NY; County Tax ~I~ht~a~rce[ No. 1000-144 ~04-09 and 08. Contairr~g ~0 an acre. 8:10 p.m. Appeal No. 3604 - ROBERT AND EILEEN VILLANI. Variance pursuant to New York Town Law, Section 280-a, for approval of ~ecess over private right-of-way (presently owned by Fi leen Villani)to other premises of the applicants identified as County Tax Map Parcels No. 1000-86-6-30 & 10. ~:lSl~.~n. Appeal No. 3596 - TARTAN Oil CORP. Special Exception to the Zoning Ordinance, Article VII. Section 100-70B(4 & 5) for permission to establish a partial self-service gas station in conjunction with full-serwce gas station approved 6/29/72 under ApF[. No. 1584. Location of Property: 32400 C.R. 48. Peconic. NY: County Tax ~4ap Parcel No. 1000-74-4-7.1 (6 & 7). 8:25 p.m. /~ppeal No. 3597 - ROBERT AND HELEN DIER. Special Exception to the Zoning Ordinance. Article III Section 100-30B for permission to estab- lish "Accessory Apartment" in existing garage area in accordance with the requirements of Subsection 15 thereof. Location of Property: 355 Terry Lane, Southold. NY; County Tax Map Parcel No. 1000-65-7-20. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of February S, 1987 The Board of Appeals will hear at said time and place all persons or representatives desiring To be heard in each of the above hearings. Each hearing will not start before the time allotted. Wri[]~en comments may be submitted prior to the conclusion of' the subject .hearing. For more informa- tion~ please call 765-I809. Dated: January 24~ 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda If own[ski, Board Secretary ~ Copies to the following 1/27/87: Peconic Development Corp. for the Bests, l~ox 594, Mattituck. NY 11952 Mr. William J. Jacobs, as Agent for Mr. Cohen, Depot La~ Cutchogue, NY 11935 Mr. and Mrs. Daniel McKasty, 368 Station Road, Bellport~ NY 11713 Mr. Donald3. Grim~ 475 JernickLane, Sonthold~ NY [1971 A.A. Wick:ham, Esq. as Attorney for Mr. Mandel, Box [424~ Mattituck. NY [1952 Mr. and lVlrs. T.J. Zimmerman, 39 Eric La. New Hyde Park, NY 11040 Mr. and Mrs. R.A. Villani. 189 Old Westbury Rd.. Old Westbury~ NY 11568 lg. D. Moore, Esq. as Attorney for Tartan Oil Corp., 370 Terry La., Southold, NY 11971 Mr. and Mrs. R. Dier. 355 TerryLane~ Southold, NY 11971 John Ivi. ~fagner, Esq. as Attorney for ( ) . Box 279. Riverhead. NY 11901 J. Kevin 1McLaughlin, Esq. as Attorney for A. Blair, 828 Front St., Greenporr~ NY 11944 Personal Delivery to: Suffolk Times and L.I. Traveler-Watchman Town Clerk Bulletin Board ZBA lVlembers ZBA Individual Files ZBA Office Bulletin Board TOWN OF SOUTHOLD BUILDING DEPARTMENT TOI4rN CLERK'S OFFICE SOUTHOLD, N,Y. NOTICE OF DISAPPROVAL File No ................................ ~o ~~.~..~....~ ......... ...~...~ ~..~... ........ ~~. ~..~ ,.t ~.~.~ ? ...... ~ PLEASE TAKE NOT1CE that your application dated..}~.. ~...~L-~t-..'. .]. ~ ........ 19 .~ ~.. for permit to construct.....(.(.~?~. . .cc~. ............................................. ar Location of Property .. }! .~...O~.......0,:~.. ~ ~......"~4- ..... . .... . .C.~...~./.~3. ........... County Tax Map No. 1000 Section ..-...o..~..~ .... Block ...... .C)..5... Lot . ?(.% .~'! .~. ..... Subdivision ................. Filed Map No ................. Lot No ................. is returned herewith and d,sapproved on the following grounds. . . .~..~. ~ ~ ~.-..~.~ -~. ~.~-~ .~.~ .~..-~.: .,. % .~.~. !l. ~.~ .... . ........... ............. ................................ Building Inspector RV 1/80 RECEIVED '~ '~ OE(~ t~} 1~6 TOWN OF SOUTHOLD, N~ YORK T~ ~'DECISION OF BUILDING INSPECTOR APPEAL NO. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. ,~e, ..~.:~:.~ ...... :.:..~.~.~ .......... o~ ...~TZ...~.:.~.k.....~. ................. ~ ~e ~pe ' '7 Street and Numar ................ ~: . ~r. ...... :....: .......................................... ~ ............. H~"~ ~ ~O Municipali~ Sta~ THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO .......... . ....... ................... Name of Applicant for permit o, ..... ..zZ..2~-' ....... .~£~::c.~ ........ ~.....&..-..C..~.~./d. ........................................... Street and Number Municipality () PERMIT TO USE ( ) PERMIT FOR OCCUPANCY State Street /Hamlet / Use District on Zoning Map DistrJct 1000 Sectionz~Bloc~zLot~z~,~. . . ......................................... ~ ......... .~. ....... ~.~.-.~.,~,,r~n~ ~,~r Mop No. Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED [Indicate the Article Section, Sub- Artic]eSeCtian and ,P, arpgraph/¥// Sect~ on°f the Zoning/(~)--C?~)Ordinance -/-bY number.//~)O Do______~°~u°te the Ordi.nance.) 3. .TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( 1/~ A VARIANCE to the Zoning Ordinance or Zonin~ Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cans. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous e~ppe~l ~ (hos not) been made with respect ta tHi~ decision of the Buildin; Insp~cor o~_wit~h respect to this property. Such ~ppeot wos (V') request for a speciol permit ( ) request for a variance one was made in Appeal No..~./~/ ...Z .......... Dated ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that O,S.E REASON FOR APPEAL Continued sory HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2 The hardship created is UNIQUE and is not snared by all properties alike in the immediate vicinity of this property and in this use district because CHARACTER OF THE DISTRICT because --- The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE COUNTY o~~I ss ................... ;i~ b;e ................... Sworn to this ........................................... day of ............... fi ...................................... 19o~ MARY ANN CYBULSKt NOTARY PUBLIC State of New ror~ Re$1dmg ~r, Suflolk County ~o 52-58~5~00 ~ TOWN: 0~: OWNER J STREET $OUTHOLD I VILLAGE I DIST. j COUNTY TAX MAP NO. LAND IMP. TOTAL DATE REMARKS: Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .~R. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI March 6, 1987 Mr. Donald J. Grim 475 Jernick Lane Southold, NY 11971 Re: Appeal No. 3595 (Variance) Dear Mr. Grim: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals, the original of which has this date been filed with the Office of the Town Clerk. If this project involves an application with the Planning Board, please be sure to return to their office for further processing. A copy of this determination is simultaneously being furnished to their office. In any event, please be sure to return to the Building Department for issuance of any permits or other approvals in writing as may be applicable. Please do not hesitate to call either our office (765-1809) or that of the Building Inspector (765-1802) if you have any questions. Yours very truly, Enclosure Copy of Decision to: Building Department Planning Board GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski SOUTHOLD TOWN BOARD OF APPEALS MATTER OF DONALD J. GRIM THURSDAY, FEBRUARY 5, 1987, PUBLIC HEARING 7:50 p.m. Appeal No. 3595 - Public Hearing commenced in the Matter of DONALD J. GRIM. Variance to construct two-story building with insufficient frontyard setback for office use incidental to principal use of the premises in this "C-i" Zone. S/s Oregon Road, Cutchogue. The Chairman read the legal notice and application for the record. CHAIRMAN GOEHRINGER: They have furnished us with a survey indicating an actual almost site plan for the piece on an ap- plication that we dealt with before. In this particular ap- plication we are dealing with a 35 foot setback from Oregon Road. The proposed building is 30 by 40 and adjacent to that is an asphalt paved parking lot for 5 cars. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Grim would you like to be heard? You said this was two-story. MR. GRIM: Yes. CHAIRMAN GOEHRINGER: Are both stories going to be utilized for office area or will one be storage? MR. GRIM: Probably both for offices. CHAIRMAN GOEHRINGER: You're not planning on living in this building in any way though? MR. GRIM: No. CHAIRMAN GOEHRINGER: And it would be a wood~ construction? MR. GRIM: Yes. CHAIRMAN GOEHRINGER: Will it have a full basement in it or will it be a slab? MR. GRIM: I'm not sure at this time. CHAIRMAN GOEHRINGER: Is there anytime in the future that you would be converting this to a house? MR. GRIM: Not that I know of, no. No. It's for if I'm work- ing in the back in the garage and I'm all like dirty and greasy and somebody comes up; instead of coming to me, they could see somebody up front and talk to them. And sometimes I'm not al- ways there and you have a person up front in the office. .Page 2 - Februar~_~o 1987 Public Hearing ~ald J. Grim Southold Town Board of Appeals CHAIRMAN GOEHRINGER: No part of this is being used as a garage area or anything of that nature? MR. GRIM: That is what the garage in the back is for. CHAIRMAN GOEHRINGER: You're not putting any bays in this build- ing? MR. GRIM: No. No. That's what the back one is for. CHAIRMAN GOEHRINGER: It's going to be properly insulated and itts going to be a year around building? MR. GRIM: Yes. CHAIRMAN GOEHRINGER: It's not a temporary structure is what I am saying. It's not a steel building or a butler building? MR. GRIM: No. No. CHAIRMAN GOEHRINGER: Because if that was the case, we would require screening. MR. GRIM: No. It's going to be wood and it's going to be nice looking because the guy next door is a real nice guy, Alex Zuhoski. CHAIRMAN GOEHRINGER: Alright. Thank you. Is there anybody else who would like to speak in favor of this application? Any- body like to speak against the application? Questions from Board members? Hearing no further questions, I make a motion closing the hearing and reserving the decision until later. Thank you very much for coming in. All in favor Aye. T LD Southold, N.Y. 11971 (516) 765-1938 February 11, 1987 Mr. Donald Grim 475 Jernick Lane Southold, NY 11971 Re: Site Plan for Donald Grim Dear Mr. Grim: Please let this confirm the following action taken by the Southold Town Planning Board, Monday, February 9, 1987. RESOLVED that the Southold Town Planning Board refer the site plan for Donald Grim located at Oregon Road, Cutchogue for construction of a two-story office to the Building Department for certification, site plan dated as amended December 5, 1986. Would you please forward three (3) of the above mentioned site plans to our office for 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 Building Department 25% By Diane M. Schultze, Secretary Southold Town Board of Appeals MAIN RrlAD-STATE RnAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS February 5, 1987 S.E.Q.R.A. GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRtGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3595 PROJECT NAME: DONALD GRIM This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the EnvironmeNtal Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Construct two-story building for office use with insufficient front yard setback LOCATION OP PROJECT: Town of Southold, County of Suffolk, more particularly known as: Oregon Rd., Cutc~ogue, ~Y 83103-p/o 4.4. 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 relief requested is a setback variance regulated as provided in Section 617.13 of the State Environmental Quality Review Act, 6 NYCRR. (3) The property in question is not located within 300 feet of tidal wetlands r ic i a ar a. .. FOR FURTHER I~A~, ~ ~:~ln~ Kowalskl, Secretary, Southold Town Board of Appeals,.Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to khe applicant or his agent and posted on the Town Clerk Bullefin Board. NOT~CE OF NOTICE~.~ L~.., EREBY GIVEN, pursuant to Section 267 of the Town Law and the Cods of. the Town of Southold, the follow- ing public hearings will be held by the I~OUTHOLD ~OWN' ; . BOARD OF APPEALS 'at the Southold Town Hall, Main Road, - Southold, NY at a Regular Meet- ing, THURSDAY, FEB- RUARY 5, 1987 at the fo!lowing times: ~.~ 7:35 p.m. Appeal No. 3601 .- MARGARET AND JOSEPH BEST. Variance to the Zoning Ordinance, Article XI, Section' 100-119.2 for permmslon to con- -' - --_._~__ struct, a diti_t_on_ ~t..th_e.~u_tberly side of existing dwelling with an ?,sufficient astba~k from bu[. Kheod alu-- tidal w ..... . _ l~ ~ y ne --~. ~,~cr ~, (alia booxid · - · . and to Section 100-31, Bulk t~*. o ~ ~ary I.me, d~vldmg · -~,o ~ anu o runlllng north and Schedule, for an insufficient set- asuthl. Location of Property: back from the rear property line, 9355 Main Road, East Marion; at premises located along the County Tax Map Parcel No. south side of a private right-of- 10004)31.03-11.25. Containing way (extending off the east'side 2.918 acrs~. of Camp Mineola Road), Mat- 8:05 p.m. Appeal No. 3590 tituck, NY; County Tax My Parcel No. 1000-123-06.17. TItOMAI{ j. AND CATHERINE ZIMMERMAN. 7:40 p.m. Appeal No. 3599 - Variance te tho' Zoning Ordi. SAMUEL S. COHEN. Vari. hartco, Article XI, Section I00- ance to the Zoning Ordinance, llBEforpermissiontoconstruct Article Ill, Section 100.32 for ~dditlon to existingnonconform. permission to conateuct acco~- lng structure which eacoods 50% sory garage structure, for stor~ of fair value of same as exists, at age and garage purposes, in the 265 Rochelle Place, Mattituck~ ~ront and side yard areas, prem- NY; County Tax Map Parcel No. lees located'along the south sid~ 1000-144-04.09 and 08. Contain; of a private fight-of-way (ax. ing.60oFanacre.' tending offthe south side of In. 8:10 p.m. Appeal No. 3604 .. dian Neck Road), Peconic, NY; ROBERT AND EILEEN VIL- County Tax Map Parcel No. LANI. VarianCe pursuant to 1000-98-5-18. ~ ' New York To.wn Law,'Sectiant~ 7:45 p.m, APPeal No, 3598 - 280'a, for approval ofaecasSover STATE OF NEW YORK ) ! SS: COUNTY OF SUFFOLK ) Carol Sqarl ara __ of Greenport, in said County. being duly sworn, says that he/she ia 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 the annexed is a printed 6opy, has been regularly published in said Newspaper once each week for O~e weeks successively, commencing on the ~_ 9 day of_ January 19~ 7__ DANIEL AND IRENE private right-of, way (presently · McKASTY. Variance to con.. owned by Eilsen Villanil to '~ --L:;~ ~ / struck' swimming pool with fence ' other premises of the applicants ~-~ enclosure and cabana with/n 75 identified as County Tax Map ' -- Feet of e isting along ' Parcels No. i000-86-6-30 & 10. Princ j~aI Cf ark tide] water, requiring a Vari- 8:15 p.m. Appeal No. 3596 .- ~nce .to the Zoning OrdinanCe, TARTAN OIL C.~wo. o_ . , Location of Property: 132~0 dlnanco, Article Mare Road East Marlo- Ivy ..... VII, SeCtwn ~ore me this County Tax Ma- Pa~'~i 'J"' luv-'/0B.(4 & 5} for permission d v of ~7~t J000-31-14.12 *' au. t°astsbhshapartialaslf, sarvice a_ ~,_. t~/~- __ 19 7:50 p.m. Appeal No 3595 fl · ~l with /~DONALD -~ ,~ .... L . ""~ ull-asrvlco gas stat on annroved / N0IAF{¥?iJ~}_[C State0tNewY0rl to thezon n'~.O~.~a.~_- va.r~, \ ?29/72 under Appl. N~1584 ~'/"~ ' '~e/~ Suflolk{]0, {yNo 4849 60 IX Section i~ ~'"~nnn-~g~n-'c,~,ele {' t~eation of Pcoperty. 32400 C ' / ' lcrm [xp,es Februa 19 ce use mciuenta{ to principal (' 8:25 p.m. Appeal No. 3597 - use.of the premiass with an inl '] ROBERT ANn HELEN su~hc~en! fcontyard setheck in DIER. ' -- - mg D strict Location of Pron- ~ o__.. ~ Y.-L~-manco Articie III, · . , .. oec~lon loO.30B for permission erty Lot No. 2, Minor Subdwl. to establish "Accessory Apart. sion No. 450; South Side of Ors- m "' · ant in ex stmggurage area in gun Road, Cutebegue, NY; accordance with the require- County Tax Map Parcel No. ments ~ I000-83, 3, part of Lot 4.4. Con. of Subcoction 15 thereof. Location of Property; 355 Terry '~ raining 4.59 acres. · Lane, SoUthold, NY county Ta~ 7:55 p.m. Appeal No. 3462 ..~ Map Parco No. 1000-65.7-20. HERBERT R. MANDEL. The Board of Appeals will Variances to the Zoning Ordi- , hear at said time and place all nance, Article III, Sections 100. persons or representatives desir. 30A, 100-31, Column A-80, ~- ihff to be heard in each of the suiting From this proposed throe- above hearings. Each hearing lot Minor Subdivision "High will not start before the time Point at East Marion Section lotted. Written comments may Three, lnc." for: ia lots having be submitted prior to the conclu. insufficient lot area; b) lots hay- . Sion of the subject hearing. For mg insufficient lot depth; Icl Lat' more information, please call having insufficient lot width; i'd) 765-1809. ,' Lot 3 as proposed with structure . Dated: January 24, 1987. ha ring an insufficient frontyard . BY ORDER OF setback; lei Lots 2 and 3 as prop. THE SOUTHOLD TOWN used each will contain eteuctures]'p BOARD OF APPEALS hat do not mast principal.use GERARD p. GOEHRINGER, 'equirement for a' single.family CHAIRMAN {welling; (~ existing barns on LindaKowalski, ave nsulllcient setbacks fr~hf ~i~J~9:~90 - ~ Town L~w 4~l~h~ Code of the Town held by th~,~ ~BRUARY ~ 1987~' ~ foO~i~ 7:3~ p.~ Ap~ N~ 3~1- ~AR~RET AND JOSEPH UEb~L V~ ~ thc ~nin~ 1~119.2 for ~sion to ~n- stroc~ addiUon at the ~uthcH~ side of ~st~ d~ insufficient setback from bulkh~ ~o~ ~d to ~on 1~31; Bulk ~h~u~ for at premiss I~ ~o~ the ~uth side of a p~ ~ht~f- ~y (~ten~ off ~e ~t ~de of C~p Mln~ ~), Mat~. ~tock, ~; ~unty ~ Map 7:~ p.m. Ap~ N~ cie II!, ~ion 1~32 mission to ~ns~ ~e ~ for s~ ~d g~e p~ ~ front ~d STATE OF NEW YORK ss: 1000-31-14-12. o7:50 p.m. Appeal No, t_Qo the Zoning~)~dinance, A~tl. cie IX, SeCtion 100-90, 1.00-~{;~ Bulk Schedule, for o construct two-story build~i r office use inddental to insuffiden this "C-I" Heavy Zoning District. division No. 450, South side Oregon Road County Tax Map 1000-83, 3, part of LOt. 4.4~ Co,m ~tnining 4.59 a~es. ! ."!' ~ '-- 7:55 p.m. Appeal HERBERT R. to dinnnce, Article I11, 100-30A, 100-31, Column A-~ ~$ulting from this throe-lot Mino~ "Hi~hPoint at. East Section Three. lnd' for:. having insufficient lot area; Co)' lots having insufficient lot" depth; (c) Lot havin$ insuffi- cient lot width; (d) Lot 3 as pro, posed with structure having .~.., insufficient frontYard ~kt'back~ (e) Lots 2 and 3 as'~,Pruposed!' 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 day ~x-~-~ side y~rd areas, premiss along the ~outh side of a private right-of.w~y (extending offthe ! ceeds 50% of falr vniue of same south side of !Bali.an NeCk.i i '" as existS, at~265 Rochelle Place~ ..l~ad):.l~.m.'.c, NY; County ~i , ~, Mattituck, NY; County, map rate. el No. 1000-95-5-1~L ~:: Map Parcel No. 1000-1~ 7:45 p.m.A...~ NO. ;35~ ,, ~ ~a~d 08 Containia~ .60 an acre~ ' DANIEL AND '/; IRENE. i ::, ii: 8:lOp.m; Appeal No, 3604~ ~cKASTY. Var~= to con, i= ?.; aOBERT AND EIrEeN str~..ct s ".~. I wi~ fence ~ ~i~y}L .L~. _~' va~oce pursuant lo= enelo~ure~um~manawlfl~l?~.' ,~!~!~ York Town LaW~ Scgtion f.e~.t of existin~ bdik.h, ead. niO/~, y ' y~ :for apP.ruvni of acceSs, ticlal water, requ/rin~ a ~ ~Ver private right. Of. Way t.o the Zo .n/~ Ordinance, A~tir flPtesently owned, by. ~ileen ~.l~e XI,. ~S~ction 100-119.2. Lo~aj - i~} ~/illani)nlong theeast sideoflm on ot Property:. 13220 M~,a~q. ~ 'dian NeCk Road, Peconic, to Road, East Marion, NY; Co~: , other pmntises of the appl/cants' ty Tax Map Parcel o.;' ~i Identified as County Tax Map ' · ParcelSN0/1000-86-6-Z0 & 10. Sworn to before me this ~! ~ ~ ..................... day of : ~?~.'os~m, A ....... 9 ..... ~ ~, to ~e .~ Or-,~, ',~=~{m" ~fifion to ~it~on, ' Notary . · 8:15 p.m. Appeal N°, 3596: { ~.~cep~on to the Zoning Or- ~n_a~ce, Artic!~.Vll,' Section. ~i~00-70B (4 & 5) for permission. ~tO eStabflsh a partial self. servicer ~'~ station in conjunCqon With full'serviCe,gas station appmv-, 6/29/72 ?rider' App!, No.. ~_$S4~ 'L6catlon of PrOperty:' z400 ¢.R~ 4~ PacOnic, .NY; Parcel No.' I DIER. with, the re- each will contain structures that. I also be submitted,prior to the do not meet princiPaEuse ~..' ~ conclusion of the subject hear. quirement for a sin~l~L}~n~ly. ! lng. For -more '.information, dwelling; (0 Lots 2 and have insufficient set_ba, cks from'.[ ' BY ORDER OFTHE proposed frontyard !~rOperty?[ SOUTHOLD TOWN line (and boundarvI line)~,! ~ BOARD OF APPEALS dividing Log 2 and j~anning{t{ GERARD p. GOcEHRiNGER, north and soUth), ~fl6n'ojC{ , HAIRMA, N Property: 9355 Main ~,,'En~ L nda K~ - ' Marion; County ~ M~p Pardi - L. Board ' NO. 1000-031-03dl.28. ~, South61d, NY; Map Parcel No. The Board of Appeals will t~me and place al r :~ or reprcSentative~ dresi~ ~ ~, f~ th~{ ~.';. start allotted. Written comments may BARBARA FORBES Not,°xy Pubti,-, State of New York Qaa}ified in ~quffolk C~unty CostaL:sion Expire~d-7 3/ 19 'sc $outhoid Town Board of Appeals MAIN ROAD- BTATE RE]AD 25 E;DUTH[3LD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS ~,(.h'ARD P. GOEHRING[R, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. FOBERT J. DOUGLASS JOSFPH 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 appQar in youc behalf during the public hearing in the event there are quesLions 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 ~U/~,~_ ~' GtRARD P.'GOEHR~'NGER ~r CItAIRMAN Enclosure Linda .Kowalski Secretary and Board Clerk JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 December 19, 1986 TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3595 , application of Donald Grim 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 DFC *[9 1~ TOWN OF SOUTHOLD, NEW YORK ~1~~ DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,, (we)..~.~...L.....b. .......... ~.~/..~ .......... o,...~7~../,J~:.y..:.d.(......$~. ................. Name of Appellant Street and Number ................ ~z~.~../...~. ..................................................... ./.~ ............. ..EBY ^.P~LTO MunicipalityState THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO .......... ....... .................... Name of Applicant for permit of ~' N ..... .~.9.~ ....... d~.~...t.¢..~. ........ &....&~.U.~ ............................................ Street and Number Municipality () PERMIT TO USE ( ) PERMIT FOR OCCUPANCY State 1. LOCATION OF THE PROPERTY ...... /~..~'.~.~ ............ ~,...~..~C~,..~,.. ......... ,~'l'l~........~.~..Z.~.~..~..~...,.~? Stre,t /Hamlet / Use District on Zoni;~ ~,?. ~j ~.. ?~..,~.~ ~.~.].~,~.~ ~.~.~lCurre n t ~ner ~ Mop No. Lot No. Prior Owner ~ 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- Art1 cleSeCti°n endx/P.arpgraphsectionOf the Zoning/~-~)'~Ordinance "/-bY number./(~)(~) Do ~,~uote_-- the Ordinance.) 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) ( V~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous epical h~ (has not) been made with reSl:~Ct to this decision of the Building Insp~Cor or_witch respect to this property. Such appeal was (V) request for a special permit ( ) request for a variance REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (/ A Variance to the Zoning Ordinance is requested for the reason that ~.1~ ~/",-~/-'/ / ~ bO mU~ Con inue~n o er si~ REASON FOR APPEAL Continued SI' f ,;~ _.~'~U 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this ~roperty and in this use district because [5' /'S, CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK COUNTY OF~) ss Sworn to this .......... ../'_[..-t~--~M. ........................ day Notar~Public MARY ANN CYBULSKI NOTARY PUBLIC State of New Yon Residing ,n Suffolk County flo 52-5895~00 ~omm~mon E~pl~es April ~O 19 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southoid TO: NOTICE ~'"'"' TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Tha~ ~;~.~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~ (Special Exception) (Special Permit) (Other) [circle choice] ). :2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribedasfollows: ¢/~/~ ~'¢~_d tl;[~ f/~:~/h-rl~¢~/~ 7~ ~~ 3. That the pro~.~which is the subject of such Petition is located in the following zoning district: 4. That ~ sucl'%.P-ctiti~n~, the unders'l~aed will request the_following ~elief: 7"'4 7 ' ' $. That the provisi1:~-~ the Southold Town Zoning/~ap_/pl~/~ t~o,~relief sought by the under- signed are A~Lcle I ~. ~e~t_Lo~ [ ] Section 28(~,' 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:~'~' Petitioner : ~/~LD ~//~ Owners' Names . Post Office Addres~¢~-- PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS p 2~.:9~J~.S9 695 RECEtPT FOR CERTIFIED MAIL STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ~T~/~ -- , , being duly sworn, deposes and says that on the __ day of .~--/~ ,19 , deponent mailed a true copy of the Notice set forth on the re- ve~ side hereof, d~ected to each of the above-named persons at the addresses set opposite thor respective name; that the addres~ set opposite the namm of said persons are the addresses of said persons as shown on the current assms~t r~f ~Town of Southold; that said Notices were mailed at the United Stat~ Post ~- rice at ~/I ~DI~ ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn t~rore me this day of ~]~cl~t . ', 19 F -Notary Pub~i~ MARY ANN CYBULSKI NOTARY PUBLIC State of New York Reading m Suft01k County No 52-5895900 ~ Commls~on F~psres AI~i130. 19~.o MARY ANN CYBUL3~: NOTARY PUBLIC State ~! Ne~ ': No 52-58~9~ (This side does not have to be completed on form transmitted to adjoining property owners.} .S.HORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short gAF is is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a ccmpleted Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change ~N/0 to the project site or physically alter more than 10 acres of land? . . o o . . o . , · ° . Yes 2. Will there be a major change to any unique or ~.// unusual land form found on the site? · · . . . Yes No 3- Will project alter or have a large effect on / an existing body of water? . . . . . . . . . . Yes ~/ No &. Will project have a potentially large impaCe on ~roundwater quality? · , · · · · · · · · · · . Yes~__ No 5. Will project significantly_ effect drainage flow on adjacent sites? · ° · , , , ° · · , , , Yes'~No 6, Will project affect any threatened or endangered plant or animal species? , , , , , . . , , , , YesVNo 7. Will project result in a major adverse effect on air quality? · · · · · , , , , o · ° Yes~/ No 8. Will project have a major effect on visual char- acter of the community or scenic views or vis,as / known to be important to ~he community? · · · --. Yes%/ No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological / importance or any site designated as a critical environmental area by a local agency? · · · -- Yes_~_ No 10. Will project have a major effect on existing or future recreational opportunities? · . · Yes%/ No 11. Will project result in major traffic problems or / cause a major effect to existing transportation systems? · · · · · , · · · , · · Yes o 12. Will project regularly cause objectionable odors~ l//N noise~ glare, vibration, or electrical disturb- ance as a result of the project's operation? . Yes 0 13. Will project have any impact on public health or safety? , · · · · , , · , · · ° -- yes No 1k. Will project Affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year period o__r have a major negative effect on the character of the community cr neighborhood?· o Yes ['~O/N PREPARER'S $IGNATt~: (J~~ ~.~z,O'~ TITLE: 9/1/78 TO: Re: $outho!d Town Board of Appeals Main Road $ou~hold, ~;Y 11971 Appeal Application of Location of Property: Dear Sirs: In reference to the New York State Tidal Wetlands Land-Us Regulations, 6 NYCRR, Part 661, and Article 25 of the ~le:.~ York $=a=e. Environmental Conservation La%~, please be advised that t. ,uu]ect proper~y i,n the within appeal appl~c.~_o.~. '(please check one box) ' [ ] May bo !ocatad .within 300 feet of tidal wetlandz heY;ever, constr~ctcd along the %zater-ly~n~; of this property ', - 1~ a bulkhead in very good --- condition and at least 100 feet in ,'length. ~ [ ] ~a,! b'e 'located %~i::hin 300 feet of -~.~ - t_~a_ wet!and~ however, constructed along the ~ate'r-iyin? edge of thi~ property is a bulkhead in need of (minor] (major) repairs, and aoorTximate~v feet in length. ' ' '- - [ ] May be located within 300 feet of tidal wetlands; hewer.er, constructed al'on, thc %;ater-lying edge T~ this p%'operty is a bul~head less than 100 feet length. [ ]' May be loc",ted within 300 feet of tlc4a~ wetlands: and there is no bulkhead or -, .... · con ..... ~al! . [/] on the prcmisea. Is not located within% 300 feu~ of tidal Wetlands to the best of my knowled¢3e., [~arred items (*) indicate your uro:~ert: - - / no~ appear to fall within the jurisdiction of thc II.y.s. D.E.C. Sincerely ~:OT'S: If prooosed project fall . E approval must be received an~! suhm~tt6d to our office befoce your application can be scheduled ~o~ a public hca:.'ing. NO DRAINAGE E4 SANITARY CALCULATIONS FOR PROPOSED OFFICE BUILDING TYPICAL WELL DETAIL DRAINAGE LEACHING POOLS % 60¸ 900 GAL. ,SEPTIC TANK SANITAt~Y LEACHING POOL .KEY MAP PROPOSED SITE PLAN FOR DONALD GRIM SITUATED AT CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK OWNER: DONALD GHIM 475 JERNICK LANE SOUTHOLD~ AI X 11971 TAX MAP DESIGNATION' SCALE' PREPARED BY; sealand /11 Lsurveying & {--L engineering, pc. 110 west moin street riverheod, new york 11901 (516) 369-17[7 IOOO- oa3- 0~- PlO ~. 4 AREA: 199~sBPsq. ft or 45913Acres ZONING: c- i GENERAL INDUSTRIAL NOTE: P,,b~SUANT TO--B~FFO£K COUNTY SANITARY CODE ARTICLES 7 AND 13, I {/~HAI~ ~J-~/Yl , HEREBY CERTIFY THAT THERE WILL NOT BE ANY INDUSTRIAL WASTES 0~ OTHE~ NON-SANITArY WASTES DISCHARGED FROM THE BUILDING AND THE~E WILL BE NO TOXIC OR HAZARDOUS MATerIALS S?O~ED AT THE SITE UNLESS SPECIFIC PERMITS EXEMPTIONS A~E G~ANTED PURSUANT TO THOS~ ABTICLE~ PA~KING: THREE (~) PA~KING SPACES ~IVE (~] PA~KING SPACES P~OVIDED SANITARY DESIGN: GA~, ~ STO~AGE B~D~ : 24OO sq. f~ PNOVIDE MIN. SYSTEM: ONE (I) ~,~0 GA~,, SEPTIC TANK ONE [I) B DI~,(12 DEEP) ~EACHING DBAINAGE DESIGn' IMPERVIOUS SURFACES; ~BOOs~ft X LO X ~/12= TOTA~ LEACHING POOL VOLUME: ~ X 5~ X 16 = 10~7~.33/1~25~63~= ~5~ LEACHING PO0~S