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HomeMy WebLinkAbout3682 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11cj71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS App]. NO. Application TO: Char]es 3682 Dated October 16, 1987 R. Cuddy, Esq. as Attorney for GEORGE L. 180 Old Country Road P.O. Box 1547 Riverhead, NY 11901 PENNY, INC. [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on November t8, 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 VIII , Section 100-80(B) [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for Application of GEORGE L. PENNY, INC./JERRY SHULMAN for a Special Exception to the Zoning Ordinance, Article VIII, Section lO0-80(B) for permission to use existing storage building for warehousing and storage of lumber and building materials and supplies, in conjunction with the existing lumberyard opposite Sound Avenue. Zone District: "C-Light Industrial." Location of Property: South Side of Sound Avenue (or North Road), Mattituck, NY; County Tax Map Parcel No. 1000-141-3-41. WHEREAS, a public hearing was held and concluded on November 10, 1987 in the Matter of the Application of GEORGE L. PENNY, INC./JERRY SHULMAN under Appl. No. 3682; 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. The property in question is identified on the Suffolk County Tax Maps as District 1000, Section 141, Block 03, Lot 41, consists of a total area of 10,688± sq. ft. with approximately 200 ft. frontage along the south side of Sound Avenue (a/k/a Old North Road), Mattituck, and is located in the "C-Light Industrial" Zoning District. 2. This is an application for a Special Exception to the Zoning Ordinance, Article VIII, Section lO0-80(B) for permission to establish and use a majority of the existing storage building for warehousing, storage, loading and unloading of lumber and building materials and supplies, in conjunction with the lumber yard operated by Penny Lumber directly across Sound Avenue (a/k/a (CONTINUED ON PAGE TWO) DATED: November 18, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 - Appl. No. 3682 Matter of GEORGE L. PENNY, INC. Decision Rendered November 18, 1987 Old North Road). 3. The subject premises is presently improved with the following structures, as shown by survey amended May 23, 1964 submitted with this application: (a) substantial frame storage building, partly encroaching along the front property line at its northeasterly corner, and (b) frame building situate at the northwesterly corner set back 3.5 feet at its nearest point from the front property line along the south side of Sound Avenue. 4. For the record, it is noted that there are prior actions of record: (a) under Appl. No. 3482 for a Special Exception rendered April 16, 1986 permitting the warehousing of building materials and office area (for use by the insulation company presently occupying the premises) at the west end of the premises, and (b) under Appl. No. 813 rendered November 10, 1965 to erect an addition to a nonconforming building to house trucks and loading and unloading of potatoes. 5. For the record, it is also noted that the following permits have been issued to date concerning these premises: (a) Certificate of Occupancy #Z-16390 dated November 13, 1987, (b) Certificate of Occupancy #Z-16385 dated November 10, 1987; (c) Certificate of Occupancy #Z-14445 dated May 30, 1986; (d) Certificate of Occupancy #Z6774 dated November 10, 1975, (e) Building Permit #14874Z dated May 12, 1986; (f) Building Permit #8119Z dated August 1, 1975; (g) Building Permit #2931Z dated November 16, 1965, (h) Town Planning Board Site-Plan Approval rendered May 5, 1986; (i) Town Planning Board waiver of October 9, 1987; (j) Town Board resolution adopted March 11, 1986 determining the uses to be consistent with those in the proposed "B-l" General Business Zoning District prepared by Raymond, Parish, Pine & Weiner. 6. In considering this application, the Board has deter- mined: (a) the uses proposed will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (b) the uses will not prevent the orderly and reasonable use of permitted or legally established uses in adjacent use districts; (c) the safety, health, wel- fare, comfort, convenience or order of the Town will not be adversely affected by the proposed use and its location; (d) the use will be in harmony with and promote the general purposes and intent of the zoning ordinance. The Board has also considered items (a) through (1) of Article XII, Section lO0-121(C)[2] of the Zoning Code. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, that the Application in the Matter of GEORGE L. PENNY, INC./JERRY SHULMAN, for a Special Exception as applied under File No. 3682 for permission to establish and use existing building for warehousing, storage, loading and unloading of lumber, building materials and supplies in conjunction with the lumber yard opposite Sound Avenue (a/k/a Old North Road) and in conjunction with those uses established and approved under Special Exception No. 3482 rendered Page 3 - Appl. No. 3682 Matter of GEORGE L. PENNY, INC. Decision Rendered November 18, 1987 April 16, 1986, BE AND HEREBY IS GRANTED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. No obstructions into the public street areas by vehicles loading, unloading, parking, etc. which may block access (along Sound Avenue)~ 2. No storage of materials outside of building (all materials must be contained inside of the existing building)~ 3. Any change of use (to other than that applied and granted hereunder) will require further application for consideration. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. lk GERARD P. GOEHRINGER, November 19, 1987 RECEIVED AND FILED BY THE SOUTHCLD TOVCN C'[FRK DATE /~/t~/~7 HOUR ~:~o Town Clerk, Town of Southold NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant co 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 TUESDAY, NOVEMBER 10, 1987 a~ the following times: 7:30 p.m. Appl. No. 3677 ROBERT MOHR. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of decks attached to dwelling with insufficient rear and front yard setbacks, and Article III, Section 100-32 for approval of accessory garage structure located partly in the sideyard area. Location of Property: West Side of Wabasso Street, Southold, NY~ County Tax Map Parcel No. I000-78-3-34.2. 7:35 p.m. Appl. No. 3675 RICHARD MULLEN, JR. Va.riance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, for permission to construct showroom addition with an insufficient frontyard setback from the north property line. Location of Property: Corner of Main Road and the East Side of Cottage Place, Southold, NY; County Tax Map Parcel No. 1000-62-3-20 and 19. 7:35 p.m. Appl. No. 3674 RICHARD MULLEN, JR. Special Exception to the Zoning Ordinance~ Article VII, Section 100-71, Bulk Schedule, for permission to construct addition for showroom use incidental to the existing car-sales business use in this "B-I" General Business Zoning District. Location of Property: Corner of Main Road and the East Siae of Cottage Place, Southold, NY,' 1000-62-3~]9 and 20. 7:45 o.m. Appl. No. 3684 WILLIAM AND VERA MOLCHAN. Variance to the Zoning Ordinance, Article III~ Section 100-32, for permission to locate accessory inground swimmingpool, decks, and fence enclosure in the frontyard area (in excess of 300 feet from the front property line) at premises located along the north side of Ruth Road (north of Sunset Drive), Mattituck, NY'; County Tax Map Parcel No. 1000-106-1-3. 7:50 p.m. Appl. No. 3514 GEORGE P. SCHADE. Variances to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule, for approval of the proposed~.insufficient lot area and width of two parcels in this pending set-off division of land located along the west side of Cedar Lane (west of Summit Road), Southold, NY; County Tax Map Parcel No. 1000-78-7-42. Page 2 - ~otice of Hearings Regular Meeting November IO, Southold Town Board of Appeals 1987 7:55 p.m. Appl. No. 3673 - NICK MIHALIOS. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to locate inground sw~mmingpool, decks and fence enclosure with an insufficient setback from the top of bluff along the Long Island Souno. Location of Property: north side of The Strand, Lot #124, Map of Pebble Beach Farms, East Marion, NY; County Tax Map Parcel No. 1000-30-2-74. 8:00 p.m. Appl. No. 3680 - LEONARDUS AND MARIE VANOUDENALLENo Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct addition to dwelling with an insufficien~ setback from the closest point of arc along the front property line. Location of Property: North Side of Sailors Lane (a private road), approximately 147 feet west of Little Peconic Bay Road, Nassau Point, Cutchogue, NY; County Tax Map Parcel No. t000-1i1-14-7. 8:05 p.m. Appl. No. 3683 GEORGE L. PENNY INC. Variance to the Zoning Ordinance, Article XI~ Section lO0-119.1, for oermission to erect fence in the frontyard area at a height not to exceed 6½ feet. Location of Property: North Side of Sound Avenue (or North Road), aha the South Side of C.R. 48, (Middle Road), Mattituck, NY~ County Tax MaD Parcel No. 1000-141-3-38.1. 8:10 p.m. Appl. No. 3682 - GEORGE L. PENNY INC./JERRY SHULMAN. Special Exception to the Zoning Ordinance, Article VIII, Section 1QO-80(B) for permission to use existing storage building for war~housing and storage of lumber and building materials and supplies, in conjunction with the existing lumberyard opposite Sound Avenue. Zone District: "C-Light Industrial.' Location of Property: South Side of Sound Avenue (or North Road), Matti- tuck, NY; County Tax Map Parcel No. 1000-141-3-41. 8:15 p.m. Appl. No. 3678 - DAVID LaFRENIERE. Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, for permission to construct addition to existing building with an insufficient setback from the side (westerly) property line. Location of Property: Corner of Main Road and the West Side of Peconic Lane, Peconic, NY; County Tax Map Parcel No. 1000-75-5-10.. Zone District: "B-I" General Business. 8:20 p.m. Appl. No. 3671 - ANDRE AND THOMAS CYBULSKI. Variance to the Zoning Ordinance, Article III~ SectioW lO0-30(A) Page 3 Notice of Hearings Regular Meeting November 10, 1987 Southold Town Board of Appeals for permission to utilize premises for book publishing operations, wholesale book storage, and updated 280-A approval over the existing private right-of-way for such use. Zone District: "A" Residential and Agricultural. Lo:atlon of Property: West Side of Depot Lane, Cutcho§ue, NY; County Tax Map Parcel No. 1000-96-5-1.2 and part of 1.1. 8:35 p.m. Appl. No. 3679 ROBERT AND DOLORES SCHISSEL. Variance for permission to construct open deck addition with an insufficient setback from nearest wetlands per Article XI, Section 100-119.2. Location of Property: 710 West Shore Drives Reydon Shores Map, Lot 9 aha part oT 8, Southold, ~Y~ County Tax Map Parcel No. 1000-80-1-46. 8:45 p.m. Appl. No. 3564 JOHN DEMPSEY?ROBIN RAEBURN. Variances: (a) for final approval under New York Town Law, Section 280-A over the existing ~rivate right-of-way, and (b) for permission to locate proposed dwelling with an insufficient setback from top of bluff along the Long Island Sound, per Article XI, Section 100-119.2. Location of Propeety: Extending at the north end of a private right-of-way (traveled over lands of Bokina from the north side of Bridge Lane Extension and Oregon Road in a northerly direction) to the subject premises identified on the Suffolk County Tax Maps as District 1000, Section 73, Block 2, Lot 3.6 (p'rev. 3.4 and 3.5). 9:00 p.m. Appl. No. 3672. ANTHONY GAMBINO. Variance To the Zoning Ordinance, Article XI, Section 1.00-119.2 for approval of the construction of 5ew]a~elling with an insufficient setback from nearest tidal wetlands and/or ordinary highwater mark along Deep Hole Creek. Location of Property: East End of Lupron Point Road, Mattituck, NY; County Tax Map Parcel No. lO00oll5-tl-lO. 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 informa- tion, please call 765-1809. D~ted: October 26, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary Date. INSTRUCTIONS ,~ / "5' filled in by typewriter off in ink and submitted in triplicate to the BuiJding~ a. This application must be completely inspector, with 3 sets of plans, accurate plat plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets ~reas, and giving a detailed description of tayout ofproperty must be drawn on the diagram which is part of this application.\ c. The work covered by this applicatibn may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will.- issue a Building Permit to the applicant. Such permitt~' shall be kept on the premises available f~r inspection throughout the work. e. No building shall be occupied or used in whole or in port for any purpose whatever until a Certificate of Occupancy shall hove been granted by the Building Inspector.. APPLICATION IS HEREBY MADE to fl~e Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of[ Southold, Suffolk County, New York, and other applicable Laws, Ordinances or !Zegutations, for the construction of build[ngs, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all a~pplicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in buildings for necessary inspections. (Signature of appl~/ant, or name, if a corporation) (Address of applicant) agent, architect, engineer, general contractor, electrician, plumber or builder. State whether applicant is owner, lessee, if applicant is a corporate, sl-g~ature of duly authorized officer. (Name and title of corporate i officer) Builder's License No. /~'X~.,~..s..]...~,,-l.~,.,e.,~..,~kS. ......... /./..~.Z. J~-~'. Plumber's License No .................. 1 .............................. Electrician's License Ne .............. i .............................. Other Trade's License No. Leca,, o, ,and on State existing use and occupancy ~f pre~d, intended~/~ ~ nuse and oc~pancy of proposed construction: a. Exisiting use a~ ~cupancy .~....~~....~?.~ ........... ~ ....................................................... b [ntend~ use and ~cupancy . / ~_~d"'~o:~w°rk (chec~.':.which a2~li'~ble): New. Building.. ............... ~dit~on ..~ ........ ~lter°tiOn ~ .~:r .................. ~al . :.~ .....Demolition .................... Othe~ ark .................................................. / ~ ~. ~ ' ~ ~ (D~cription) '" /[stimat~ C~t .Z ........................................................ Fee ........................................................................ /~ ' ' (to be paid on filing this application) / 5. ...... If dwelling, number of ~elJing units ............................ Number of dwelling units on each floor ........ ~ ........ - ~?ideni~--addition to ~ara~ ~t potato packing' shea " If garage, n~mber of ~ ............................................................................................................................................. 6. If business, commercial or mixed joccupancy, specify nature and extent of each type of use ............................ 7. Dimensions of existing st~ctures, if ~ny: Front ............................ Rear ................................ Depth .................... Height ........................ Number of Stories ................................................................................................................. Dimensions of same st~cture with 91terations or additions: Front .................................... Rear ............................ Depth ................................ Height k ........................... Number of Stories ................................ 8. Dimensions of entire new fonstructi~n: Front ................... , ................ Rear ............................ Depth ........................ Height .................... Nu~er of Stories .................................................................................................................... 2. size of lot: Front 10. Date of Purchase ............................ i 1. Zone or use district i~'~whJch premis, i2. Does proposed construction violate ............................ Rear .......................................... Depth ................................ ........................... Name oE Former Owner ........................................................ ere situated ..................................................................................................... ~y zoning, law, ordinance or regulation: ........................................................ -operty lines. Give street end block number hether interior or corner lot. / Will Ict be regraded ..~.,~... ............ ,.. '.. Will excess/all, be removcd,.f~to~ pre4nises: ( ) Yes ( ) No Name of Owner of pre ... t,..:.:...~... A . . Phone ....................... Name or Arch tect ~' Address "Ph,~n Name of Contractor ...................... : .................................... Address ................................ Phone No ....................... ' ], PLOT DIAGRAM Locate clearly and dJstinctJy all buildings, whether existing or proposed, and indicate oil set-back dimensions from or description according to deed, and show street names and indicate TATE OF NEW..,y. ORK - ~ ~-- aUNTY OF ..~.....~5.b ......... ~'~/~.~.~c~-.-~..~-~..f ........ ,~c~...[~r;~ ........................ being duly sworn, deposes and says that he is the a [icom (Name of individual signing contracO ' bore named. ~. (Contractor, agent, corporate officer, etc.) ~ said owner or owners, and is duly outharized to perform or hove per~ormed the said work and to make and file ~is oppllcotion; that oil statements contained in this application ore true to the best of his knowledge and belief; and · ,ar the work will b~ performed in the manqer set forth in the application filed therewith. worn to before me this .... 4- ......... of ....... ........... , , ,ota ,,_Pb ....................... ...... Coun .............................. .... ~. ~/q, ~ ,.q ~ ,~,--,~ f //~ / ' (Signature of applicant) No. 5~-slSssso. s~u,~c~,~.~ TOW~ OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION TO THE ZCNTNG BOARD OF APPEALS, SOUTHOLD, NEW YORK: Application No. '3 0 ~- Date Filed: I (We), hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL the ZONING ORDINANCE, ARTICLE VIII , SECTION 100-80 George L. Penny, Inc. of North Road (Residence', House No. and Street) Mattituck, New York 11952 (516)298-8559 (Hamlet, State, Zip'Code, Telephone Number) EXCEPTION in accordance with , SUBSECTION B(3) & (4) for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): property survey as annexed as Exhibit A. To use existing storage building for warehousing and storage of 1umber and building materials and supplies, in conjunction with the lumber yard operated by Penny Lumber directly across Sound Avenue (North Road), at Mattituck, New York A. Statement of Ownership and Interest. Jerry Shulman and Lilllan Shulman ~(are) property known and referred ~o as '(no#) Sound Avenee, MattituCk, NY ' (House No., Street, Hamlet) the owner(s) of 11952 identified on the Suffolk County Tax Maps as District 1000, Section 141 , Block 3 Lot(s) 41 ~, which is not (~ on a subdivision Map (Filed _~___L "Map of' Not AoDlicable "Filed Map No ....... and has been approved'by the Southold Town Planning Board on - .... as a [Minor] [Major] Subdivision). prior to1975, applicant is The above-described property was acquired by the owner on/contract - vendee B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: 1) That the proposed use is consistent with the present use of part of the premises for warehousing of building materials. 2) That the p~oposed use is similar to use of surrounding properties and, in fact, is an extension of the uses at Penny Lumber. C. The property which is the subject of this application is zoned "C" Light tndustria~nd [ X] ~.s.cmn$i~%ent with the ~se(s) described in the Certificate of Occupancy being [ ] [x] [ ] COUNTY OF SUFFOLK) STATE OF NEW YORKi ss.: Sworn to before me this/~day of ZB2 (rev. 2/6/86) furnished herewith. is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): and its use is consistent with permitted uses in that district. is vacant land. GEORGE L. PENNY, INC. ~jr.(Sign-a~u~e?~: Geoffrey L. Penny, V~ President ~r~.~ , / ~ ~/. ~' CHARLES R. CUDDY Notary Publi~ State of New York No. 5872225 co O~.aW. {ed_in Suff~ Courtly mrms~on r..~pires De~. 31, 1988 OWNER STREET VILLAGE SUB, LOT ACR. ~ TYPE OF BUILDINtD~'3 ~ ,; Mkt, Value LAND IMP. TOTAL DATE / REMARKS AGE } DUILDING CONDITION ND~ ~ NORMAL BELOW ABOVE FARM I Acre Value Per Value Acre Tillable 1 Tillable 2 ' Tillable 3 Woodland Swempbnd FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Piot' Totol .[ . - DEPTH , BULKHEAD DOCK Porch ;¢Rprch. (~arage Toto,~~ COLOR TRIM Fcc~ztndation ,~/.. Both Basement ~.,Walls Fire Place Recreation Room .~ 66 J Driveway Floors Interior Finish Roo___m~ lst__Floo~r Rooms 2nd Fl~r~ SUm/EY FOR dERRY SHULMAN 8~ LILLIAN SHULMAN AT MATTITUCK TOWN OF $OUTHOLD SUFFOLK CGUNTYo NE~ YOR~ YOUNG ~, YOUNG RI¥~,~HEAD. NEW YORK APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRiGONIS, JR. SERGE DOYEN. JR. ROBERT J, DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals I~AIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 December 3, 1987 Charles R. Cuddy, Esq. 180 Old Country Road P.O. Box 1547 Riverhead, NY 11901 Re: A~ppl. No. 3682 Appl. No. 3683 George L. Penny, Inc./Jerry George L. Penny, Inc. Shulman~ Dear Mr. Cuddy: Transmitted fo? y3ur records is a copy of the Suffolk County Department of Planning response in accordance with our referrals under the Suffolk County Administrative Code. Yours very truly, Enclosure GERARD P. GOEHRINGER CHAIRMAN Linda Kowalski DEPARTMENT OF PLANNING COUNTY OF SUFFOLK MICHAEL A. LOGRANDE SUFFOLK COUNTY EXECUTIVE 360-5206 LEE £. KOPPELMAN DIRECTOR OF PLANNING November 25, 1987 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Bente Snellenburg Gerard C. Keegan George L. Penny, Inc./Jerry Schulman George L. Penny, Inc. 3592 3668 3682 3683 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chi6f Planner DEPARTMENT OF PLANNING COUNTY OF SUFFOLK MICHAEL A. LOGRANDE SUFFOLK COUNTY EXECUTIVE 36O-52O6 November 25, 1987 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Bente Snellenburg oard C. Keegan rge L. Penny, Inc./Jerry Schulman George L. Penny, Inc. 3592 3668 3682 3683 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE. LI. NEW YORK 11788 (516) 360-5192 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS ~OSEPH H.$AWICKI 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 , Section Variance from Determination of Southold Town Building Inspector Special Exception, Special Permit Article viii Section 100-80(B) Appeal No.: 3682 Applicant:George L. Penny, Inc. Location of Affected Land: S/s Sound Ave., Mattituck, NY County Tax Map Item No.: 1000-141-3-41 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) XX State or County Road, Parkway, Itig~way, Thruway Boundary of Existing or Proposed County, State or Federally Owned Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area or Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Ilas Establi~;h~d ~hannel Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COIdMEr~TS: Applicant is req'uesting permission tO~e×is5ing_storag~ buildinq for warehousinq and storage of lumber an~d_ supplies¢ in con~unction with existinq_lumberyard opposite Sound Ave. Copies of Town file and related documen[s enclosed for your revi~w. Dated: Nov. 23, 1987 La~ Southold Town Board of Appeals MAIN El-lAD-STATE ROAD s'5 SnUTHE]LD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRtGONIS, JR. SERGE DOYEN, JR. RODERT J. DOUGLASS JOSEPH H. SAWlCKI November 19, 1987 Charles R. Cuddy, Esq. 180 Old Country Road P.O. Box 1547 Riverhead, NY ll901 Re: Appl. No. 3682 - Special Exception (George L. Penny, Inc.) Dear Mr. Cuddy: 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. 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: Buildi. ng Department Planning Board GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Suffolk County Planning Commission Mr. Jerry L. Shulman (as requested) TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF TUESDAY, NOVEMBER 10, 1987 Appl. No. 3682 Applicant(s) George L. Location~of Property: County Tax Map ID No. Penny/Jerry Schulman S/s Sound Avenue, Mattituck 1000-141- 3 -41 Board Members present were: Chairman Goehringer~P~ Goehringer, Members: Gringonis, Douglass, Doyen and Sawicki. Absent was: (None) also present were: Victor Lessard, Building Dept.) Linda Kowalski, Z.B.A. Secretary and approximately 20 persons in the audience. k'~The Chairman opened the hearing at 8:10 o'clock p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGERz I have a copy of a survey prepared by Young and Young. -The most recent date is April 17, 1986 indicating a framed building with several small additions and a small framed building toward the road side which does not appear to be connected to the garage/potato house building. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Would you again, like to be heard Mr. Cuddy? MR. CUDDY: This is property that's directly across from the existing George L. Penny Lumber Yard in Mattituck. The property is approximately 10,000 square feet. It contains a building that has been used in the past, for the storage and warehousing of po- tatos and other crops. The building that is the most westerly unit of this complex is now used by an ~nsu]ati0n company. This whole complex has a history before the Zoning Board starting in 1965. The Board approved the use of the property at that time and extended the complex that was there from small buildings and really the large buildings that now exist. In 1986, this par- ticular parcel was also before this Board as well as the Planning Board, and granted an approval for the westerly building to be used as an office and InSulation now in operation. The Planning Board at the present time, has granted us an exemption, a waiver as far as our application. Our application is simply to convert the use of the building from potato storage into the warehousing of lumber and equipment that's pertinent to the lumber operation which is currently conducted by Penny Lumber across the street. So we'd like to store our lumber and building materials in this particular building. There have been C.Oo'S issued for the par- ticular property in question in 1975. There was a c.o. issued for the potato storage and the grading operation that was conducted there. The property is owned by Mr. ~and Mrs. $ hulman. There's Page 2 - November 'Public Hearing - Southold Z~B.A. , 1987 .rge L. Penny/Jerry Schul~ MR. CUDDY (continued): a consent in your particular file from Mr. and Mrs. $ hulman. Mr. Penny, who is here tonight on behalf of George L. Penny, Inc~, is in the process of purchasing that property. The purchase, as I in- dicated in the application, is subject to your approval for the special exception use. In going through the ordinance, I don't believe that the special exception use will have any adverse ef- fect or any different impact on the neighborhood or the area with- in the operation that was presently conducted there a long time which is potato storage. Certainly, the operation that's proposed, will be in conjunction with the existing lumber yard. Essentially, what he wants to do is bring trucks in, store lumber there. The employees would essentially be employees that would be employed for the most part, 6n the other side of the road. I don't believe there will be a parking problem because the parkings%is ample, aqain with the existing lumber yard which is across the~street. Mr. Ren~y is here to answer any questions. I'm here to answer questions. CHAIRMAN GOEHRINGER: The only question was that; the thought of the Board was that when the specific building was used for potato storage, large 40 foot trailers were used and they were backed in to the east side of the building which then obstructed (to some de- gree) the ingress and egress down Sound Avenue. My question basical- ly is, would a situation like that reoccur? MR. CUDDY: There will be trucks that will go there. I mean that is part of the operation. I don't think that it's intended that truck after truck go there. I don't think that it's intended that trucks go out at Sound Avenue. There are two possibilities as far as unloading at that spot. One is; at the end of the triangle, the easterly end, there are two garage type doors which will allow access to the building. If those doors are used, We're~not sure exactly how good they are at this point. But if they're used, the trucks will essentially be off the road. If the middle door is used and there is a door about half way down~this~ntire comple~goi~ down North Road, the truck will probably stick somewhat out into the road. That happens presently when the insulation people are load- ing and unloading. This would be simply a temporary thing. It would not be a permanent regular 0ccurrence~ It would be maybe once or twice during the course of the day. I don't anticipate it being more than that. CHAIRMAN GOEHRINGER: And will you be keeping the insulation compa- ny on the west side of building? MR. CUDDY: Yes. I also have the cards to hand up, receipts. CHAIRMAN GOEHRINGER: Is there anybody else who would like to speak in favor of this application? Yes. MR. PENNY: I just wanted to clarify the delivery and the type of trucking that we deal with on a r~gular basis. And I'm fully aware because when Jerry $ hulman was there, he blocked it. You would have to pull half way into our yard to back his tractor trailers. And I have pictures here if you want to see exactly what we're talking about here because people haven't seen it. But the nature Page 3 - November ~, 1987 Public Hearing - ~rge L. Penny/Jerry Schulm. Southold Z.B.A. MR. PENNY (continued): of the trucking that we deal with nowadays is a lot shorter. We are dealing more with the van type trucking. When a tractor trail- er does come in, that would probably be on a very occasional basis. Maybe once or twice a month. The trucks that Mr. Cuddy has mentioned earlier, aur trucks have 16 foot bodies and are probably 26 or may- be 30 feet long and the van type trucks that are normal for the de- livery routes in our area to our industry, are not the tractor trailer type. So we're going to be using a lot shorter trucks. CHAIRMAN GOEHRINGER: I think by nature of the operation that existed prior, for some strange reason, that's where the potato trucks al- ways ended up. Always at that end of the building and that's the reason why most people recall that fact because the tractor trailers were out there all the time. MR. PENNY: Would you like these pictures? Would they be helpful? CHAIRMAN GOEHRINGER: Thank you. Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the application? Any questions from Board members. Hearing no further questions, I'll make a motion closing the hearing, reserv- ing the decision until later. Ail in favor - AYE. Southold, N.Y. 11971 (516) 765-1938 October 9, 1987 Mr. Charles R. Cuddy Attorney P.O. Box 1547 Riverhead, Ny 11901 Re: George L. Penny, Inc. Dear Mr. Cuddy; The Planning Board reviewed your correspondence of October 6, 1987, as well as, the approved site plan for Jerry and Lillian Shulman. Since the proposed use, as a storage building, is not a substantial change from the approved use, site plan review will not be required at this time. If at any time, however, this use changes, further site plan review may be required. CC: Board of Appeals Very "truly yours, TT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD ATTOHI~F~Y AT LAW 180 OD COUlqTHY ~OAD (HTE. 58) P. O. BOX 1547 October 6th, 1987 Planning Board of the Town of Southold Main Road Soutbold, NY 11971 Re: George L. Penny, Inc. Dear Sir o~Madam: I represent George L. Penny, Inc. in connection with an application to obtain a special permit for use of an existing building for storage of lumber, building materials and supplies. The building is located on the south side of North Road adjoining the Long Island Railroad and is identified on the tax map as Section No. 141, Block 03 and Lot 041. It is our understanding that you may review the application as part of the site plan review process. You will note that the building, in an industrial use district, has been in existence for many years, has previously been used for the warehousing, storage, grading and shipping (loading and unloading) of potatoes and, in part, is now being used to store insulation materials. With respect to the building and its prior use and present use we enclose the following: 1) 2) The use of continue· A copy of your site plan approval granted for conversion for part of the building under date of May 7, 1986; Certificate of Occupancy for an industrial building (potato grading and shipping) dated December tO~ 1985~ part of the premises by an insulating contractor will The proposed use under the special permit is a use to be made in conjunction with the existing Penny Lumber facility on the north side of the North Road. It will not involve any retail sales and will essentially change the use from storage of potatoes to storage of lumber, building materials and supplies. Under this circumstance we request that site plan review be waived and further that based upon the use of the building in conjuntion with the existing Penny Lumber facility, and the fact there will only be vehicle loading or unloading at the site, that parking requirements be waived. Page Two Letter to Southold October 6th, 1987 Planning Board As you are aware the applicant must appear before the Zoning Board of Appeals in order to secure special permit approval. Based upon the proposed use and the use that has been made of the existing buildings we submit that further review at this time is unnecessary. Very truly yours, CRC, cz enclosures SURVEY FOR ,JERRY SNUL. MAN ~ LILL. IAN SHULM/~N "APR. 17 ~l~J~ APR. 9,1986 AT MATTITUCK OATE: TOWN OF SOUTHOLD SCALE: ~": 30' SUFFOLK COUNTY~ NEW YORK NO. SS-~4~ MENTAL AKNCY ANO LF. NDINQ INSTITUTION LISTED I ,~ TO AOOITIOflAL INSTITUTIONS OR SUBSEQUENT ['4 pROPE'TY LINES ON FOR THE ERECTION OIr FENCES ~__~, ',~4~, j} 400~:~:)~TI~Mr~)E R A~E J YOUNG S YOUNG RIVERHEAD, NIrW YORK ALDEN W. YOUNG, PROFESSIONAL ENGINEER AND LANO SURVEYOR N.Y.S. UCENSE NO. HOWARO W. YOUNG, LAND SURYEYOR · N.Y. S. LICENSE N0.45895 NOTES: I. ·'- MONUMENT 2. SUFFOLK CO. TAX MAP DIST. I000 SECT. 141 BL.O~ LOT O~ ~. AREA '10688 $.F. , t NOTICE OF HEARINGS · NOTICE IS HEREBY ~I~- EN, pursuant to Section 2~'~ ~ the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD' TOWN BOARD O ~.PPEALS at a Rigular Meeting at th~ Southold Town Hall, Main Road, Sduthold, N~Y on~. ~Ov.~yj~:~.~ at the fn~lowing times: '7:30 p.m. Appl. NO. 3677- ROBERT MOHR. Variances to tl~e Zoning Ordinance, Artic e Il[l, Se,¢iion 100-31 Bulk S~hedul~ for approval of decks aftached to dwelling with insuf- !ient rear and front yard set- s, and Article Ill, Section 2 for approVal of accessory garage structure located partly in the sideyard area: Location of Property: West Side of Wabasso Street, Southold, NY; County Tax Map Parcel No. 1000-78-3:34.2. 7:33 p.m. Appl. No. 3675- RICHARD MULLEN, JR. Variance to the Zoning Or- dinance, Article Vll, Section 100-71, Bulk Schedule,for per~ mission to construct showroom addition with an insufficient frOntyard setback from the. north property lio6~ Lo~athah of ~ least ,Sicle~ Point. Cutchogue, NY, Coun- ty Tax Map Parcel No. 1000-111-14-7. 8:05 p.m. Appl. No. 3683- GEORGE L. PENNY INC~ Variance'to the Zoning Or- dinance, Article XI, Section 100-119.1, for permission to erect fence in the frontyard area at a height not to exceed 6V2 feet. Location of Property: North Side 'of Sound Avenue (or North Road), and the South Side of C.R. 48, (Middle Road), Mattituck, NY; County Tax Map Parcel No. 1000-141-3-38.1. ~'8:10 p.m. Appl. No. GEORGE L. COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for. / weeks successively, commencing on the ...................... .... Sworn to before me this ..................... day of ...... ..... Notary Public BARBARA FORBES Notary Public, State of New Yack Qualified in Su.t~olk Oo~nty Commission Expires~.~/ 19 ~c~F 100-80(B) for permission existing storage building lumber and building land supplies, in conjunction ~ with the existing lumberyard posite Sound Avenue. Distrig~: T~ROad), Mattituck, NY: Map Parcel -141-3-41. 8:15 p.m. Appl. No. 3678- LaF ~g® 34/The Suffolk Times/October 29, 1987 Ordinance, Article VII, Section r-egal Notices NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Ccde of the Town of Seuthold, the follow- ing hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular  t the Southold Town Road, Southold, New on TUESDAY, NOVEMBER' 10, 19~7 at the following times: 7.'~ p.m. Alii. No. 3677 - ROBERT MO~IL Variances to the.~eafilq ~ce, Article _ii~_ _~ ~00-31, Bulk s~'~ ~ of d~ ~ ~ m~ i~uf- r~ ~ ~ ~t. ~ ~. ~ of ~; ~ Side of W~b~ ~ ~ ~ld, ~; ~ty T~ ~ ~1 No. 1~7~3- 7:~ ~m. Appl. No.-3675 - ~ ~e ~, ~on 1~- 71, B~k ~ule, ~ ~i~ si~ M ~ ~m tion wi~ ~ /~ent ~n- ty~ ~ ~ ~e no~ pm~y line. ~fion of ~ e~y: ~ of ~ ~ ~d ~e E~t Side of ~ PI~, ~u~old, NY; Cowry T~ Map ~1 No. 1~2~-~ ~ 19. 7:35 p.m. Appl. No. 3674 - S~inl Ex~ption ~ ~ ~ning 100-71, Bulk Schedule, for per- mission to construct addition for showroom use incidental to the existing car-sales business use in this "B-l" General Business Zoning District. Location of Property: Corner of Main Road and the East Side of Cottage Place, Southold, NY, 1000-62-3- 19 and 20. 7:45 p.m. Appl. No. 3684 - WILLIAM AND VERA MOL- CHAN. Variance to the Zoning Ordinance, Article III, Section 100-321 for permission to locate accessory inground swim- mingpeol, decks, and fence en- closure in the frontyard area lin excess of 300 feet from the front property line) at premises lo- cated along the north side of Ruth Road (north of Sun~et Drive), Mattituck, NY, County Tax Map Parcel No. 1000-106-1- 3. 7:50 p.m. Appl. No. 3514 - GEORGE P. SCHADE. Vari- ance~ to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of the propezed insufficient lot area and width of two parcels in this pending set-off division of land located along the west side of Cedar Lone (west of Summit Road), Southold, NY; County Tax Map Parcel No. 1000-78-7- 42. 7:55 p.m. AppL No. 3673 - NICK M1HALIOS. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permis- sion to locate inground swim- mingpool, decks and fence enclo- sure with an insuffcient setback from the top of bluff along the Long Island Sound. Location of Property: north side of The Strand, Lot #124, Map of Pchble Beach Farms, East Marion, NY; County Tax Map Parcel No. 1000-30-2-74. 8:00 p.m. Appl. No. 3680 - LEONARDUS AND MARIE vANOUDENAI.LF.N. Vari- ance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to con- struct addition to dwelling with an insufficient setback from the closest point of arc along t!:~ front property line. Location of property: North Side of Sailo~ Lane (a private road), approxi- mataly 147 feet west of Little peconic Bay Road, Nassau point, Cutchogue, NY, County ,Tax Map Parcel No. 1000-111- 14-7. 8:05 p.m. Appl. No. 3683 - GEORGE L. PENNY INC. Variance to the Zoning Ordi- nance, Article XI, Sect/on 100- 119.1, for permission to erect fence in the frontyard area at a height not to exceed 6~i feet. Lo. cation of Property: North Side of Sound Avenue (or North and the South Side of C.R. 48, ance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, for permission to con- ~truct addition to existing build- mg with an insufficient setback from the side (westerly) property hne. Location of Property: Corner of Main Road and the West Side of Peconic Lane, Peconic, NY; County Tax Map Parcel No. 1000-75-5-10. Zone District: "B-l" General Busi- 8:20 p.m. Appl. No. 3671 - ANDRE AND THOMAS CYBULSKL Variance to ;,he Zoning Ordinance, Article IH, Section 100-30lA) for permission to utilize premises for book pub- lishing operations, wholesale book storage, and updated 280-A approval over the existing pti. rate right-of-way for such use. Zone District: "A' Residential and Agricultural. Ix~cation of Property: West Side of Depot Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-96.5- 1.2 and part of 1.1. (Middle Road), Mattituck, NY, 8:35 p.m. Appl. No. 3679 - County Tax Map Parcel Nla ROBERT AND DOLORES 1000-141-3-38.1. ~ SCHISSEL Variance for per- ~ 8:10 p.m. App]. No. 3682 - ~ mission to construct open deck GEORGE L. PENNY INCJ ] addition with an insufficient est. JERRY SHULMAN. Spec/al / back from nearest wetlands per Exception to the Zoning Ordi-/ hanes, Article VIH, Section 100~ Article XI, Section 100-119.2. Location of Property: 710 West t 80(B)f°rpermissi°nt°useexist-] Shore Drive, Reydon Shores lng storage building for wareh-\ Map, Lot 9 and pert of 8, Seuth- ocaing and storage of lumber \ old, NY; County Tax Map Parcel and building materials and \ No. 1000-80-1-46. supplies, in conjunction with the ~ existing lumberyard opposite I 8:45 p.m. Appl. No. 3564 - Sound Avenue. Zone District: I JOHN DEMPSEY/ROBIN "c-Light Industrial." Location of ] RAEBURN. Variances: la) for property: South Side of Sound ] final approval under New York Avenue (or North Road), Mat- / Town LOw, Section 280-A over tituck, NY; County Tax Mal~ the existing private right-of- k,~arcel No. 1000-141-3-41. / way, and lb) for permission to lo- 8:15 p.m. Appl. No. 3678 - cate prope~ed dwelling with an DAVID ~NIERE. Vari- insufficient ~ethack from top of bluff along the Long Island Sound, per Article XI, Section 100-119.2. Location of Property: Extending at the north end of a private right-of-way (traveled over lands of Bokina from the north side of Bridge Lane Exten- sion and Oregon Road in a northerly direction) to the sub- ject premises identified on the Suffolk County Tax Maps as Dis- trict 1000, Section 73, Block 2, Lot 3.6 (prey. 3.4 and 3.5). 9:00 p.m. Appl. No. 3672 - ANTHONY GAMBINO. Vari- ance to the Zoning Ordinance, Article XI, Section 100-119.2 for approval of the construction of new dwelling with an inaufficient ~etback from nearest tidal wet. lands and/or ordinary highwater mark along Deep Hole Creek. Location of Property: East End of Lupton Point Road, Mat- tituck, NY; County Tax Map Parcel No. 1000-115-11-10. The Board of Appeals will hear at said time and place all lng to be heard in each of the above matters. Each hearing lotted. Written comments may be submitted prior to the conclu- sion of the subject hearing. For more information, please call Dated: October 26, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretory 5756-1TO29 Southold MAIN RnAD- STATE APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR.. SERGE DOYEN, .JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Town Board of'Appeals RnAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 TO WHOM It MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel fra'e to 'call our office, 765-1809. Yours_ very CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk (]HAIl.LES 1:~.. ~UDDY 180 OD C~OUNTRY ROD (R~, 58) RI~R~, ~ 11901 October 14th, 1987 Southold Town Zoning Board of Appeals Main Road Southold, NY 11971 Re: George L. Penny, Inc. Dear Sir or Madam: Enclosed please find, on behalf of George L. Penny, Inc. an application for special exception at its property at Sound Avenue (North Road), Mattituck, New York and in this connection enclosed is: 1. Application in triplicate; 2. Notice to adjacent property owners form; 3. Short EAF form; 4. Zoning Board of Appeals questionnaire; 5. Four (4) prints of a survey of the subject property showing existing structures; and 6. A copy of a letter from the Planning Board with reference to waiving site plan approval; 7. Consent to applicati~by owner of premises (applicant is contract - vendee); and 8. A check in the sum of $150.00. CRC:cz enclosures Very truly yours, P.S. - Also enclosed please find the New York State Title Wetlands form. ,D Southold, N.Y. 11971 (516) 765-1938 October 9, 1987 Mr. Charle~ R. Cuddy Attorney P.O. Box 1547 Riverhead, NY 11901 Re: George L. Penny, Inc. Dear Mr. Cuddy; The Planning Board reviewed your correspondence of October 6, 1987, as well as, the approved site plan for Jerry and Lillian Shulman. Since the proposed use, as a storage building, is not a substantial change from the approved use, site plan review will not be required at this time. If at any time, however, this use changes, further site plan review may be required. CC: Board of Appeals Very truly yours, TT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD In the Matter of the Application of GEORGE L. PENNY, INC. The undersigned, owners of certain real property known as (no#) Sound Avenue, Mattituck, Town of Southold, County of Suffolk, New York, more particularly described as Suffolk County Tax Map No. 1000-141-3-41. Hereby consent to the application of George L. Penny, Inc. for a special exception permit for use of said premises for the storage of lumber, building materials and supplies, and further consents to an application for a parking variance in connection with the use of said premises; the undersigned having entered into a contract of sale for said premises, which is conditioned upon obtaining the special exception use and variances above set forth. LILLIAN S~LMAN September ~ m , 1987 SCHEDULE A Purchaser, George L. Penny, Inc. Contract Js subject to obtaining approva! for Specia! with this app!ication. Exception in accordance DISCLOSURE AFFIDAVIT STATE OF NEW YORK) ) COUNTY OF SUFFOLK) SS.: GEORGE L. PENNY, IV, being duly sworn, deposes and says that: I am President of George L. Penny, Inc., an applicant before the Zoning Board of Appeals of the Town of Southold for a variance to permit construction of a fence over four feet in height in the front yard of the applicant's lumber yard at the North Road, Mattituck, New York. That I reside at Sound View Avenue, Southold, New York. That I understand that this affidavit is required by Section 809 of the General Municipal Law. That I am a member of the Town Board of the Town of Southold and as such am an officer or employee of the Town of Southold. That as a shareholder and officer of the applicant, I have an interest in obtaining the relief requested. That no other officer, director or shareholder of the applicant is an officer or employee of the State of New York of any municipality in the State of New York. or That the only person receiving any payment or benefit, other than the applicant in connection with this application is the attorney representing the applicant's corporation. GEORGE L. PENN~-~INC. Swo~ to before me this /~' ~ day of October, 1987 -- ,~otary~?ubl~ cHAIIL~:R R, ¢UODY ~ Pub#~, ~ al New York ~ hl SUffOlk County ~lltmi~ion Expires Dec. 31, 1988 Southold Town Board of Appeals MAIN RnAD- -~TATE RnAD 25 SnUTHOLD, L.l., N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD November 10, 1987 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S.E.Q.R.A. SERGE DOYEN, .IR. ROBERTJ. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPHH.$AWICKI Notice of Determination of Non-Significancn APPEAL NO.: 3682 PROJECT NAME: GEORGE L. PENNY, INC./JERRY SHULMAN This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8. of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse_effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II ~ Unlisted [ ] DESCRIPTION OF ACTION:Permission to use existing storage building for warehousing and storage of lumber and building materials and supplies, in conjunction with the existing lumberyard opposite Sound Ave. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: S/s Sound Ave., ~attituck,_NY 1000-141-3-41 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- ' mented as planned; (2) This is an application concerning use of premises and is not directly related to new construction. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, Secretary, Southold Town Board of Appeals, Town Hall Southold, NY 11971- tel. 516- 765-1809 or 1802. ' ' Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. mc JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October ltl, 1087 Town Hall, 53095 Main Road P.O. Box t179 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.3682 , application of George L. Penny, Inc.for a Special Exception. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Certificate of Occupancy for Non-conforming Premises; and survey of property. Judith T.Terry Southold Town Clerk BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter o~ the Petition of Georoe L. Penny. Inc. to the Board of Appeals of the Town of Southold TO: Mr. & Mrs. Jefferson Stovall P.O. Box 422 Mattttuck, NY 11952 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 :~0~(~x~e~) (Special Exception) ~r~t;ke~J~:e:ilx)xRgo(t~::~ [ circle choice] 1. 2. That the property which is the subiect of the Petition is located adiacent to your property and is des- cribed as follows: pr~mi~ inrlnd~ng existino storage building, in part. pr~mntly used by an insulation contractor, identified b), Suffolk Count.y Tax Map # 1000-14~- 03-41. 3. That the property which is the subject of such Petition is located in the following zoning district: "C" Light Industrial 4, That by such Petition, the undersigned willrequestthefollowingrelief: To use existing ~tnragp building for warehnlJ~ing and qtnraom nf 1,,mhm~ a~d building mat~riRl~ and s,Jpp!!es. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article VIII ~e~t.t(~ 100-80 ~($) & (4) [ ] 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: October 15th. 1987 George L. Penny, Inc. Petitioner Owners'Names: George L. Penny, Inc. Post Office Address Main Road, Box 57, Greenport, NY 11944 PROOF OF MAILING OF NOTI(~F ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Mr. & Mrs. Jefferson Stovall - P.O. Box 422, Mattituck, New York 11952 P 429 502 340 ~ ~]M Jefferson Stova ~ _P,9. Box 422 ~attl~CUCk, NY 11952 i 1.67 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: Christine Zaweski , residing at Ostrander Ave., Riverhead, NY , being duly sworn, deposes and says that on the 1 5th day of ~)c,.oh~r , 19 87 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- flceat Riverhead, New York (certified) (registered) mail. Sworn to b~ day of , ; that said Notices were mailed to each of said persons by Notary Public (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of George L. Penny, Inc. to the Board of Appeals ofthe Town of Southold TO: LONG ISLAND RAILROAD Sutphin Blvd. Jamaica, New York 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 (~aKia~/[e:X(Special Exception) (;~Jal~Rflt:)XX(:~_~9 [circle choice] 2. Thatthe property whichisthesubjectofthe Petitionislocated adjacentto your property andisd~- cribed ~ follows: premises includinq existino storaoe buildinQ, in part oresentlv used by an insulation contractor, identified by Suffolk County Tax Map #1000-141- 03-41. 3. Thatthe property whichisthesubjectofsuch Petitionislocatedinthefollowingzoningdistrict: "C" Liqht Industrial 4. Thatbysuch Petition, the undersigned willrequestthefollowingrelief: TO use exi~t~no ~t~r~n~ h~Hld~ng for warehousino and storage of lumber and building materiaTs and gupplies. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article VIII Sectic~ 100-80-B(3) [ ] 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 5outhold 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: October 15th. 1987 George L. Penny, Inc. Petitioner Owners'Names: George L. Penny, Inc. Post Office Address Main Road, Box 57, Greenport, New York ]]944 PROOF OF MAILING OF NOTI6F ATTACH CERTIFIED MAIL RECEIPTS Long Island Railroad - Sutphin Blvd., Jamaica, New York P 429 503 743 RECEIPI FOR CERIlFIEE~ Long I_sland Railroad Sut4~inin Blvd. Jamaica, NY STATE OF NEW YORI(~*) COUNTY OF SUFFOLK ) Christine Z~wesk! ,residinBat Ostrander Ave.~ Riverhead~ NY , being duly sworn, deposes and says that on the 15th day of October -,- ,19 87 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Sou~hold; that said Notices were mailed at the United States Post Of- flceat. Rtverhead, New. York ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to b.~ore, m,e this /,:r': day of Notary Public (This side does not have to be completed on form transmitted to adjoining property owners.) (a) ~n order %0 answer tho quastion'J in tht'o nhort £AF is la assumed that tho ~roparer will uso c~rrontly &vailablo tnfOmn~tion coeco~7~tng tho pFoJ~ct and tho ~o~y ~pac~s Of ~ho actfo~, It is not e~ected that addttio,ml scudioe, rocoarch or o~hor invos~igations w~l be ~dortaken. {b} If any question has boon answor(,d Yes the project ~my be :~ignificont and a cc~plo~od Envlro~ental Assessment Fo:~ is neccss~/. (c} ~f all quos~ion~ have been answered No it is likely tfm~ this p~oject po~ ~ignifican~, (d) ~viro~entnl 1. W~I project ros~c la a laige phi~lcal clmngo to the project sit~ or physically alter more ~han 10 acres of land? , · · , · · · , Ye~ X 2, Will thoro be a ~Jor change to any unique or unusual land fo~ fo~d on tho sltcY Yea X ~. W~i ~rojec~ alter or have a large effect on X am exis~in~ body of wa~e~? , , · , . ..... ~cr~ No &, W~I proJec~ have a pot~ntially largo ~p~c~ on gro~dwa~er quali~y? · · , , , · · Ye~ X ~. W~I proJcc~ sl~iflcantly, effect drainage fl~ on adjaccn~ oi~os? · · · · · . · Yo~ X ~, Will project affect any tl~ea~unod or endangered '-plan~ or anL~ll species? , . · · · · _ Ye,, X 7, W~I proJe~ reset In a ~raJcr adww'~m effect on Will proJec~ advoFaoly tmpac~ any $it~ oF importance or any site dosi~ated as a critical onvironmen~l area by a local agency? , · , Yon ._~ 10, W~i project have a ~Jo~ effect on oxl~t~g or future recreational opport~itius'~ · · · Yes ...~..~ No 11. Will project.result'in ~ar traffic problems or ~ cause a maJo~ offecu to existing ~:rannportotion systems? · · · ......... 7,~s X 12, Will ~oJec~ rog~arly cause objectionable noise, glare, vibrat~an, or elcc~rical disturb- anco as a rem~: of the project's operation? . Yes X Will proJoc~ have any impact on public health or safety? · · ......... , 're:; X IL, Will project ~ffoct tho exiuting co~un~:7 by ~lrectly causing a ~rowth ~n perm. r:ent F~pL~ln- tiaa ef mor~ ~han 5 p~rcent over a cne,-year period o~ have a major negative effect ua the character of the co~unity ~r nuighbornocd':'. , .~ Yc~ _~_ ~5. l~ there publlc~c~ntrov~rny concern~n,~ ~ho pre?ct? ---- 'ie~ .~__ No October 15th, 1987 (Today's Date) To: $outhold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of ~°~'O~u Location of Property: ~6)~t-?-~ Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York - State Environmental Conservation Law, please be advised that the subject property iQ the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetiands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* [ ] May b~ ·located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. ( ] not appear to May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing 'on the premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items'(*) indicate your property does fall within the jurisdiction of the N.Y.S. D.E.C.] NOTE: approval must be received an~ submitted to our office before your application can be scheduled for a public hearing. Sincerely yours, GEORGE L. PENNY, INC., y. ~eo~rrey L. ?enny~ v. ice, President If proposed project falls wi .t~}in D.E.C. jurisdiction, ~UESTIONNAIRE 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~ · . - . ' Yes 2.a) *b) 3. Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by ~n Code, Ch. 97 for your reference.) Yes there any areas open to a waterway without bulkhead? Yes Are there existing structures at or below ground level, such as patios, foundations, etc? Yes 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 average ground level? State total: ft. Yes e If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ft. Yes Are there other premises under your ownership abutting this parcel? If.yes, please submit copy of deed. Yes Are there any building permits pending on this parcel (or abutting land under your ownership,'if any)? State Permit # and Nature: Yes Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning. Board Yes Town Board Yes Town TrUstees Yes County Health Department Yes Village' of Greenport Yes N.Y.S.D.E.C. Yes Other Yes 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers ~ a~d ~qn~i~i~ns of ~qle..(from contract) bee bcneoule A annexeonere~o. ' ll. Is new construction proposed in the area of contours · at S feet or less as exists? ~- Yes 12: If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under Yes ~ the requirements of Ch. 97 of the Town Code? 13. Please list present use or operations conducted upon the subject pr9perty at this time insulation busines~ and proposed · Please submit photographs for the record. I certify that the above statements are true and are being submitted for reliance by the Board of Appeals in consider~_Dj~_.my application. ~ignaCure (~Apv~l ~ ;(~fX~ X ;O(.X~ ~ ~ ~ut ~ori z~d ~gent) U By: Geoffrey L. Penny, Vice President 3/8~ lk · § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- Tho Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-19841 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-28- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or-lands lying beneath tidal waters, which at mcan low tide are covered by tidal watcr~ 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, fiats anti tidal marsh : subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundso], marshmallow and low march cordgrass; and/or (3) All land immediately adjacent to a tidal we, ti;md os defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the mn:it landward edge of such a tidal wetland. FRESHWATER WETLANI~S: (1) "Freshwater wetlands" as defined in Article 2,1, Ti- tle 1, § 2,1-0107. Subdivisions l(a) to l(d) inclusive, of tho Environmental Couscrvation Law of tho State of New York: and (2) All land immedlate]y adjacent to a"freshwatcr wet- land," as defiI~cd in Subsection I~(1) and lying with- in seventy-five (75) feet landward of thc most land- ward edge of a "freshwater wetland." 9705 '.T.O,.WN .0~ $OUTItOI,D BUILDING DEPARTMENT Town Clerk's Office $outhold, N. Y. Certificate Of Occupancy No. Z.6.~.~'.~ ...... Date .............. N.c~¥ .... 1.0 ...., 19 .?~. THIS CERTIFIES that the building located at . $/9..$otwAd. A~'.e ............ Street Map No. Xx ......... Block No. xx ....... Lot No..xx .... Platti~;nck.. I~,Y ........ · conforms substantially to the Application for Building Permit heretofore filed in this office dated ........... ~l~.g .... 1..., 197.~.. pursuant to which Building Permit No. 81.1.gZ. · dated ........... Allg ....% ..., 19.F.~., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is Indus.trial .building..(potato .grading & .shi.pping.) .............. The certificate is issued to . Jerry..Schula~m ........... 0~nel, .................... (owner, lessee or tenant) ,4 the aforesaid building. Suffolk County Department of Health Approval N..F,, ............................... UNDERWRITERS CERTIFICATE No..E.:R. ~ ....................................... HOUSE NUMBER ... 11.9~0 ..... Street . .$our~l .~e.,,. l~att ~ t~ck,. ~.Y, ........ '' Building in~p;~t~'/ ..... / · J'O~ NO. 2 · 'FOWN OF $OUTHOLD BuiLDING DEPARTMENT 'TOWN CLERK'S OFFICE SOUTH*OLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL cOMPLETION OF THE WORK AUTHORIZED) Permission is hereby granted to: at premises Iocoted ot ....~.0.1~*....~t.*.l~l. ~l~[ ~J~eB., ......................................................................... ldattltuek ............................................. pursuont to opplication doted ............................... .~Bg ....... 1 ......... , 19..~.~.., and approved by tk.e Building Inspector. Fee $~,,a .. ~0 .......... Building Insp~S~tor ( ~0~D ~O NI) ~.~ I:. N T PLACED POST FOUND · SURVEY FOR JERRY SHULMAN ~ LILLIAN MATT1TUCK TOWN OF SOUI'HOLD v'SUFF. CO., N.Y. SCALE : !" APR. 27, SUl~=Y FOR JERRY SHULMAN 8~ LILLIAN SHULMAN AT MATTITUCK "IGV/N (}ir SOUTHOLD SUFFOLK COUNTY, NEW YORK