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Home My WebLink About3631 Southold Town Board o£Appeals MAIN ROAD-STATE: ROAD Z5 SOUTHOLD, L.I., N.Y, 11g"/1 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 363] Application 'Dated April 30, ]987 TO: Mr. James L. Gray, Sr., President ~:lg~,~. Pudge Corp. 50800 Main Road, Box 1465 Southold, NY 11971 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on August 20, ]987, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article III, Section ]00-30 [ ] Request for Application of PUDGE CORP. Variance to the Zoning Ordinance, Article III, Section lO0-30(A) for permission to establish and con- struct 7500 sq. ft. building for industrial use in this "A" Residential and Agricultural Zoning District. Location of Property: North Side of C.R. 48, Cutchogue, NY; County Tax Map District 1000, Section 96, Block 1, Lot 20, containing 39,524± sq. ft. in lot area. WHEREAS, a public hearing was held and concluded on July 16, 1987 in the Matter of the Application of PUDGE CORP. under Appl. No. 3631, 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 premises in question is a described parcel of land containing a lot area of .895 of an acre, or 39,524 sq. ft., with frontage (lot width) of 150 ft. along the north side of C.R. 48, Hamlet of Cutchogue, is vacant, and is more particularly shown on the Suffolk County Tax Maps as District 1000, Section 96, Block l, Lot 20. 2. The subject premises is located in the "A" Residential and Agricultural Zoning District and is immediately adjacent to the Town of Southold Disposal Site at the north side. The premises immediately adjoining this property along the west side is also vacant and along the east side is a parcel of 6.29± acres with agricultural uses. 3. Town assessment records show the owner of the subject parcel to be John S. Wickham, although it is our understanding that there has been a recent conveyance to Pudge Corp. and/or James L. Gray, Sr. (No proof of such conveyance has been (CONTINUED ON PAGE TWO) DATED: September 3, 1987. CHAZRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) P~ge 2 Appl. No. 3631 Matter of PUDGE CORP. Decision Rendered August 20, 1987 submitted or found.) 4. By this application, appellant requests a Variance from the Zoning Ordinance to permit the construction of 100' wide by 75 ft. deep building for industrial use as more partiuclarly shown on Drawing #SK-1 premises by John A. Grammas and Associates April 29, 1987. 5. No evidence has been introduced as required by law that: (a) the land in question cannot yield a reasonable return if used only for the purpose of the zone in which it is located; (b) that the plight of the owner is due to unique circumstances and not to the general conditions of the neigh- borhood which may reflect the unreasonableness of the zoning ordinance itself; (c) that the use to be authorized will not alter the essential character of the neighborhood; (d) there is dollars and cents proof to substantiate the unnecessary hardship claimed. This Board is aware that the proposed new Master Plan Maps depict this property for LIO, Light Industry, which would permit this use by Special Exception approval, and does sympathize with petitioner's plight; however, the Board finds that the criteria set by the Courts has not been sufficiently met and therefore lacks authority to grant the relief as requested. Accordingly, on motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that the Variance requested under Appeal No. 3631 in the Matter of the Application of PUDGE CORP. BE AND HEREBY IS DENIED WITHOUT PREJUDICE. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was duly adopted. lk GERARD P. GOEltRINGER/~ CHAIRMAN August 20, 1987 J NOTICE OF HEARINGS NOT~CE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southoid Town Hall, Main Road, Southold, New York, on THURSDAY, JULY 16, 1987 at the following times: 7:35 p.m. App!. No. 3581 GEORGE D. DAMIEN. Variances to the Zoning-Ordinance, Article III, Section lO0-31, and Bulk Schedule, for approval of insufficient area, width and depth of two parcels in this pending set-off division of land located at the Corners of Jackson~ Fifth and Main Streets, New Suffolk, NY; County Tax Map District 1000, Section 17, Block 9, Lot 12~ containing a total area of 28,9!9± sq. ft. 7:40 p.m. Appl. No. 3639 - WILHELM FRANKEN. Variance to the Zoning Ordinance, Article Iii, Section 100-32, and Article XI, Section lO0-119.2~'for permission.~o locate 25' by 25' accessory building in sideyard area and with insufficient setback from existing bulkhead along Gull Pond Inlet. Location of Property: West Side of Osprey Nest Road, Greenport, NY; Cleaves Point Subdivision Section I, Map 2752, Subdivision Lots 14 and 15~ County Tax Map District 1000, Section 35, Block 6, Lots 22~ 23 and 24 (now 24.1). 7:45 the Zoning permission Residential Property: p.m. Appl. No. 3635 - ARTHUR V. JUNGE. Variance to Ordinance, Article IIt~ Section IO0-30(A) for to establish electrical shop use in this "A-40" and Agricultural Zoning District. Location of North Side of CoR. 48, Cutchogue, NY; County Tax Map District 1000, Section 96, Block l, Lot 19, containing 45,589± sq~ ft. in lot area. 7:S0 Appl. NO. 3631 - ~UD6~E ~R~P~ Yari~nce to the Zoning Ordinance~ Article I~I, Section IO0-30(A) for permission to establish.a~d construct 7500 sq. ft. bUilding for industrial ~Se in this A Residential and Agricultural Zoning District. Location of Property: North Side of CoR. 48, Cutohogue~ NY~ County Tax Map District 1000, Section 96~ Block l, Lot ntaining 39,524± sq. ft. in lot area. Page 2 Notice of Hearings Southold Town Board of Appeals Regular Meeting - July 16, 1987 7:55 p.m. Appl. No. 3638 JAMES AND MARY TYLER (continued from June 18, 1987). Special Exception modifying Appl. No. 3400 to permit vehicle doors to face street side as constructed. Location of Property: 6795 Main Road, Laurel, NY; Mattituck Holding Co. Minor Subdivision lot #3; County Tax Map District 1000, Section 125, Block 1, Lot 19.6. 8:00 p.m. Appl. No. 3642 DINA MASSO. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 to construct accessory boathouse structure with deck at the foot of the bluff, and deck and new stairs along and at top of bluff areas, all landward of existing wood bulkhead along Peconic Bay, premises known as 5705 Nassau Point Road, Cutchogue, NY~ Lot 39, Amended Map A of Nassau Point Filed August 163 1922; County Tax Map District 1000, Section lll~ Block 13, Lot 04. 8:05 p.m. Appl. No. 3644 FREDERICK WIGHTMAN/DAV~D FRE¥: JOSEPH REINHART. Variance to the Zoning Ordinance, Article III, Section lO0-30(A), Article XI, Section IO0-118(E) for establishment of business uses, and/or interpretation, to permit ~ne following activities: retail sales and storage, business office, professional office, governmental office, contractor office, personal-service store or shop, as described for the "B-Light Business'~ Zoning District, Section 100-60(A)[2],[4],[8] inclusively, in conjunction with existing single-family dwelling unit on second-floor having a livable floor area of 900 sq. ft. Zone District: ~A-40." Location of Property: North Side of Main Road, Peconic~ NY~ County Tax Map District 1000, Section 75, Block 1, Lot 16~ con- taining 1.0194 acres. 8:20 P.m. Appl. NO. 3645 PAUL AND CHARLOTTE GALGAN. Variance to the Zoning Ordinance, Article XI, Section 100-119~2 for permission to construct additions ~o dwelling landward of existing construction and within 75 feet of existing bulkhead along Eugene's Creek, 4605 Stillwater Avenue, Cutchogue, NY; County Tax Map District 1000~ Section 137, Block 03, Lot 05. 8:35 p.m. Appl. No. 3496 FREDERICK KOEHLER, JR. Variance to ~ne Zoning Ordinance, Article XI, Section 100-t19.2 for permission to construct 38' by 16' beach pavillon and attached deck areas extending a length of 124± feet and width of 28 feet (exclusive of stairs), accessory and ~ncidental to Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting - July 16, 1987 the established single-family residential use of the premises~ not to be operated for sleeping or habitable purposes and not operated for gain, within'75 feet of ordinary highwater mark and/or landward edge of tidal wetland, along Peconic Bay, 575 Old Harbor Road, New Suffolk, NY~ County Tax Map District 1000, Section 117~ Block 03~ Lot 06. 8:40 p.m. Appl. No. 3592 - BENTE SNELLENBURG (Continued from April 20, 1987~.as requested). Variances to the Zoning Ordinance, Articles: (1) XI, Section lO0-119~l(B) for approval of eight-foot height of fencing along the easterly property line a length of 72± feet~ (2) XII, Section lO0-141, Appealing ~he November 6, 1986 Order to Remedy Violation which mandates a building permit for new fencing along the easterly property line. Location of Property: Private right-of-way extending off the east side of South Harbor Road (known as Private Road No. 10, or Old Woods Path), Southold~ NY~ County Tax Map District 1000, Section 87, Block 2, Lot 21. The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above matters. Each hearing will not start before the time allotted. Written comments may be submitted prior to the conclusion of the subject hearing. For more information~ please call 765-1809. Dated: June 30~ 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER~ CHAIRMAN Linda Kowalski, Board Secretary Notice to Newspapers: Please publish once, to wit: JULY 9TH, 1987 and forward two affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971,(on or before July 14th). Thank you. 765-1809. ~ .. ' · FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD. N.Y. NOTICE OF DISAPI'ROVAL File No ................................ PLEASE T^K E NOTICE that your application d~ted .. ~ .... ~.~ ......... 19 lbr pem~i/to construct...~ ~ ..... ~.~ ........................... at Ho~so No. ~treot ] Hoti~let County Tax Map No. I000 Section ..'. ~.~. ~ ..... Block ..... ~ .I ...... Lot ...~.~ ....... Subdivision ................. Filed Map No ................. Lot No .................. ~s ~et,r,~d ,,crc,v,,, ~,,d ~is~,,,,,rov~,, o,, ~ ~,,owi,~ ~o~,,,,i~. ~.~.~..~.~/~. =~ ~. .............................. ................. · ......... BuiMing Inspector RECEJV~ ~ TOWN OF SOUTHOLD, NEW YORK FROM DECISION OF BUILDING INSPECTOR DATE ........ i .................... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Pudge Corporation f50800 Main Road/ P.O. Box 1465 1, (We) .................................................................. o ............................................................................ Name of Appellont Street and Number Southold Municipality ?...e,.w.....Y..o..~.k. ....... ;.HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... ~xk ( ) ( ) WHEREBY THE BUILDING INSPECTOR DENIED TO James Lo Gray Sr. . . ?. .u. .d. . ~r.e. . . . ,C. . .°. ~ m,°. ~. .a. ~ ~. .°. .n. ....................................... Name of Applicant for permit of 50800 Main Road Southold New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY For permission to construct an industrial building I. LOCATION OF THE PROPERTY 22600 Ctg# 48 Cutchogue, New York Street /Ham]et / Use District on Zoning Map District 1000 Section 09~BlockolLot20 Current ................................................................................ OwnerJames L. Gray, Sr./Pudge Carp Map No. Lot No. Prior Ownedlohn S. Wickham 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordimance.) Article :~ Section / o~-~ 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (XX~ A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4, PREVIOUS APPEAL A previous oppeolx~ (has not) been made with respect to this decision o~ the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ..................................................... ~ ................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 .~x.'~x A Variance to the Zoning Ordinance ( ) is requested for the reason that T~ property is zoned residential and permission is sought to construct an industrial building. ~orm z~ (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce p~ctical difficulti~ or unn~es- sary HARDSHIP because all property north and west is zoned for industrial and ~his property is reconsidered for the same use on the proposed master plan. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because extreme shortage of industrial property and none available for th~ proposed business. 3. The Variance wouJd observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because all area around the land fill is zoned industrial. STATE OF NEW YORK ) ) ss Signature Sworn to this JD ~9~ day of,,,,.~.....<.'.~... ................................... 19~7 ......... ............ ............ Notary ~ublic MARY ANN ~,'~'BULSt~ ~%T~ARY 9UBMC S~te o~ Ne~ ~c~ ~ ~n Su~oik ~unt~ No 52-58~ FORMER OWNER TOWN OF $OUTHOLD PROPERTY RE(,"ORD CARD STREET VILLAGE ~-AN D AGE NEW FARM Tillable 1 Tillable 2 Tillable 3 iWa~dland NOPJ'~AL Ac re FARM DATE BUILDING CONDITION COMM.' CB: MISC. Mkt. Value 7 BELOW ABOVE Value Per Value Acre Swompl.ond FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plot DEPTH BULKHEAD Total DOCK PLANNING BOARD MEMBERS .............. Bennett Orlowski, Jr.. Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards ' Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCO'I'F L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 MEMORANDUM TO: F ROM: RE: Victor Lessard, Principal Building Inspector Bennett Orlowski, Jr., Chairman '~'/J~ Pudge Corporation Mini Storage Facility E/s Hortons Lane, Southold, N.Y. SC%AM $ 1000-63-1-10 DATE: September 24, 1991 ~n inspection of the above-noted property by Planning Board staff on August 28, 1991 revealed that the site has not been developed in conformance with the Zoning Board of Appeals' decisions and the Planning Board's site plan approval. The points of non-conformance are: The approved site plan and the Zoning Board's decisions of April 8, 1987 and September 10,.1987, refer to Building D as being of dimensions no greater than 50' by 140'. The building measures 50' by 144' 10". There is no provision on the approved site plan for an office. Neither of the 1987 decisions of the Zoning t~ Board on the Special Exception makes reference to an office, although the ZBA's February 1, 1991, decision .~ refers to this site as being used for a mini-storage and office use. ~ The February decision also stated that all prior ~0 ~~' conditions imposed by the ZBA in its previous determinations were to remain in full force and -- ' .'$ effect, and those decisions expressly prohibited the~ installation of electricity, and toilet facilities. Our inspection revealed that electricity and toilet ~,~{ . facilities have been installed. o Condition 2. of the February 1, 1991, variance issued by the Zoning Board requires the installation of screening. This screening has not been installed. The Planning Board recommends that the site owner be required to return to the Zoning Board to correct the record with regard to the increased length of Building D.; and, also, to ask for a ~evised Special ~xception for the office use along / with electriC~'ty and toilet facilities. If the applicant is able to obtain Zoning Board approval for the office use, then an application should be submitted to the Planning Board for approval of an amended site plan. The applicant will have to produce Health Department approvals for the toilet facilities and the water supply as part of the site plan application. Southold Town Board of Appeals MAIN RI-lAD- STATI~"RI-I~.D 25 SDUTH[3LD, L.I., N.Y. 11cj71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CRAiRMAN CHARLES GRIGONIS, JR. SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKt September 3, 1987 Mr. James L. Gray, Sr., President Pudge Corp. 50800 Main Road, Box 1465 Southold, NY 11971 Re: Appl.. No. 3631 Variance Dear Mr. Gray: Transmitted herewith for your records is a copy of the official findings and determination rendered in the above application. The Board Members were sympathetic and do agree that this parcel should be re-zoned to permit contractor's office uses. However, due to the limited jurisdiction of the Board of Appeals under these circumstances, we are without authority to grant the variance applied. A "denied without prejudice" clause has been added in the event a future application is needed to be filed before this Board for a Special Exception or other permit Under the newly proposed Master Plan Amendments. Yours very truly, lk Enclosure Copy of Decision to Building Department ~'/ 'Southold Town Board Southold Town Planning Board Suffolk County~?lanning Commission GERARD P. GOEHRINGER CHAIRMAN Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS July 16, 1987 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. S · E o Q . R · A · SERGE DOYEN, JR. ROBERTJ. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3631 PROJECT NAME: PUDGE CORP. 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: Establish and construct 7500 sq. ft. building for industrical use in this "A" Residentail .and Agricultural Zonin~ District LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: C.R. 48, Cutchogue, NY 1000-96-1-20 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, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; 765-1809 or 1802. Copies of this notice sent to the applicant or his agent on the Town Clerk Bulletin Board. mc Secretary, tel. 516- and posted We the undersigned object to the Pudge Corporation building a 7500 sq. ft. building for industrial use in "A" Residential and Agricultural zoned property located on the North side of County Road 48, Cutchougue. County Tax Map Dist. 1000. Section Block, Lot 20 on less then one acre of property. Name Address TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, JuLY 16, 1987 Appl,-No. 3631 Applicant(s): PUDGE CORP. Location of Property: N/s County Tax. Map ID No. 1000- C.R. 48, Cutchogue 96 -l -20. Board Members present were: Chairman Goehringer Members Grigonis, Doyen, Douglass and Sawicki. P. Goehringer, Absent was: (None) Also present were: and approximately 12 persons in the audience at this time. The Chairman opened the hearing at 8:10 o'clock p.m. read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER:' I have a ~opy of a plan dated 4/29/87 for a proposed building for James Gray ihdicating a very similar plan of a 7500 sq. ft. building placed somewhat toward the center of the property, and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody that would like to be heard in behalf of this application? On Pudge Corp. Anybody wishing to speak in behalf? Anyone against? Go ahead, Mr. Heinisch. Victor Lessard (Building Dgpt.), Linda Kowalski and BERNARD HEINISCH: My name is Bernard Heinisch. I reside on the North Road in Southold. I object to any industrial building being built on any residential zoned property. This can only lead to a copycat routine that can be built in anyone's backyard, frontyard or sideyard if this is allowed. I have a petition signed by 22 people, who all reside on the North Road, C.R. 48, all residents that also object to any industrial building being built in residential property. CHAIRMAN: Thank you very much. Is there anyone else wishing to speak against this application? (None) Questions from Board Members (None). I'll make a motion closing the hearing and reserving decision until later. The hearing was declared concluded at 8:15 p.m. nd~ . KoWaqski, Board Secretary APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN RE3AD- BTATE REiAD 25 [3nUTHI3LD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 May 27, 1987 Mr. James L. Gray, Pudge Corp. P.O. Box 1465 Southold, NY 11971 Sr., President Re: Appeal No. 3631 (Variance) Dear Mr. Gray: This letter will acknowledge receipt of your recent applica- tion. The Members o~ the Board of Appeals will be conducting field inspections and environmental reviews as may be required by State and Local Laws prior to their scheduling your application for public hearing. Although the earliest available date for public hearing at this time is on or about mid-July* , written confirmation will be sent to you within the next couple of weeks. A copy of the legal notice of hearings will be sent to you prior to publication in the Suffolk Times and L.I. Traveler-Watchman by our office. Please feel free to call if you have any questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski (*as agreed by you today.) Southold Town Board of Appeals MAIN ROAD- STATE: ROAD 25 5~OUTHOLO, L.I., N.Y. 11c371 ~'ELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: ×× Variance from the Zoning Code, Article III, Section 100-30 Variance from Determination of Southold Town Building inspector Special Exception, Article , Section Special Permit Appeal No.:3631 Applicant: Mr. James L. Gray, Pres. Location of Affected Land: C.R. 48, Cutchogue, NY County Tax Map Item No.: 1000- 96-1-20 Within 500 feet of: .... Town or Village Boundary Line I'udue Corp. XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, High~ay, Boundary of Existing or Proposed County, Boundary of Existing or Proposed County, Other Recreation Area Thruway State or Federally Owned Stat[! or Federal Park or Lan or Existing or Proposed Right-of Way of Any Stream Owned by the County or for Which The County Has Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. or Drd i rl,~'j~: Ch,tnne 1 Es tabl i ~; tll~(J Channel COMMENTS: Applicant is requesting permission to establish and construct 7500 sq. ft. building for industrial use in this "A" Residential and Agricultural Zoning District. Copies of Town file and related documen[s enclosed for your Dated:Sept. 8, !987 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE 'ROAD 25 SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 September 3, 1987 Mr. James L. Gray, Sr., President Pudge Corp. 50800 Main Road, Box 1465 Southold, NY 11971 Re: Appl.'.No. 3631 Variance Dear Mr. Gray: Transmitted herewith for your records is a copy of the official findings and determination rendered in the above application. The Board Members were sympathetic and do agree that this parcel should be re-zoned to permit contractor's office uses. However, due to the limited jurisdiction of the Board of Appeals under these circumstance~, we are without authority to grant the variance applied. A "denied without prejudice" clause has been added in the event a future application is needed to be filed before this Board for a Special Exception or other permit ~der the newly proposed Master Plan Amendments. Yours very truly, lk Enclosure Copy of Decision to: Building Department ~/ Southold Town Board Southold Town Planning Board Suffolk County~lanning Commission' GERARD P. GOEHRINGER CHAIRMAN DEPARTMENT OF PLANNING COUNTY OF SUFFOLK MICHAEL A. LO(~RANDE SUFFOLK COUNTY EXECUTIVE 360-5513 September 16, 1987 Town of Southold Zoning Board of Appeals Applicant: Pudge Corp. Mun. File No.: #3631 S.C.P.D. File No.: SD-87-23 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Appears inconsistent with applicable use variance criteria. A change of zone application is necessary. Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner HAUPPAUGIE. L.I., NEW YORK t 171~8 360-5192 Legal Notices NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Secti6n 267 of the Town Law and the Code of the Town of Seuthold, the follow- lng hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Seuthold Town ]tall, Main Road, Seuthold, New York, on THURSDAY, JULY 16, 1987 at the roi]owing times: 7:35 p.m. Appl. No. 3581 - GEORGE D. DAM1EN. Vari- ances to the Zoning Ordinance, Article Ill, Section 100-31, and Bulk Schedule, for approval of insufficient area, width and depth of two parcels in this pend- ing set-off division of land 1o, cared at the Corners of Jackson, Fifth and Main Streets, New Suffolk, NY; County Tax Map District 1000, Section 17, Block 9~ Lot 12, containing a total area of 28,919± sq. ft. 7:40 p.m. Appl. No. 3639 - WILHELM FRANKEN. Vari- ance to the Zoning Ordinance, Article IlL Section 100-32, and Article XI, Section 100-119.2, for permission to locate 25' by 25' accessory building in sideyard area and with insufficient set- back from existing bulkhead along Gull Pond Inlet. Location of Property: West Side of Osprey Nest Read, Greenport, NY; Cleaves Point Subdivision Sec- tion 1, Map 2752, Subdivision Lots 14 and 15; County Tax Map District 1000, Section 35, Block 6, Lots 22, 23 and 24 (now 24.1). 7:45 p.m. Appl. No 3635-AR- THUR V. JUNGE. Variance to the Zoning Ordinance, Article IlL Section 100-30(Al for per- mission to establish electrical shop use in this "A~40" Residen- tial and Agricultural Zoning District. Location of Property: North Side of C.R. 48, Cutch- ogue, NY; County Tax Map Dis- trict I000, Section 96, Block 1, Lot 19, containing 45,589± sq. ft. in lot area. fp7:50 ~p.m. Appl. No. 3631 UDGE CORP. Variance to the Zoning Ordinance~ Article lIl, Section 100-30(Al for per- mission to establish and con- struct 7500 sq. ft. building for in- dustrial use in this "A" Residen- tial and Agricultural Zoning District. Location of Property: North Side of C.R. 48, Cutch- ogue, NY; County Tax Map Dis- trier 1000, Section 96, Block 1, Lot 20, containing 39,524± sq. ft. in lot area. 7:55 p.m. Appl. No. 3638 - JAMES AND MARY TYLER (continued from June 18, 1987). Special Exception modifying AppL No. 3400 to permit vehicle doors to face street side as con- structed. Location of Property: 6795 Main Road, Laurel, NY; Mattituck Holding Co. Minor Subdivision Lot #3; County Tax Map District 1000, Section 125, Block 1, Lot 19.6. 8:00 p.m. Appl. No. 3642 - DINA MASSO. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 to construct accessory boathouse structure with d~ck at the foot of the bluff, and deck and new stairs along and at top of bluff areas, all landward of existing wood bul- khead along Peconic Bay, prem- ises known as 5705 Nassau Point Road, Cutchogue, NY; Lot 39, Amended Map A of Nassau Point Filed August 16, 1922; County Tax Map District 1000, Section 111, Block 13, Lot 04. 8:05 p.m. Appl. No. 3644 - FREDERICK WIGHTMAN/ DAVID FREY/JOSEPH REINHART. Variance to the Zoning Ordinance, Article III, Section 100-30(Al, Article Section 100-118(E) for establish- meat of business uses, and/or in- terpretation, to permit the fol- lowing activities: retail sales and storage, business office, pro- fessional office, governmental office, contractor office, per- sonal-service store or shop, as described for the "B-Light BuM- ness" Zoning District, Section 100-60(A)[2I, [4], [8) inclusively, in conjunction with existing single-family dwelling unit on second-floor having a livable floor area ofgO0 sq. ft. Zone Dis- trict: "A-40." Location of Prop- erty: North Side of Main Road, Peconic, NY; County Tax Map District 1000, Section 75, Block 1, LOt 16, containing 1.0194 8:20 p.m. AppL No. 3645 - PAUL AND CHARLOq'rE GALGAN. Variance to the ZOn- lng Ordinance, Article XI, Sec- tion 100-119.2 for permission to construct additions to dwelling landward of existing construc- tion and within 75 feet of exist- ing bulkhead along Eugene's Creek, 4605 Stillwater Avenue, Cutchogue, NY; County Tax Map District 1000, Section 137, Block 03, LOt 05. 8:35 p.m. Appl. No. 3496 - FREDERICK KOEHLER, JR. Variance to the Zoning Ordi- nance, Article XI, Section 100- 119.2 for permission to construct 38' by 16' beach pavilion and at- tached deck areas extending a length of 124 ± feet and width of 28 feet (exclusive of stairs), ac- cessory and incidental to the es- tablished single-family residen- tim use of the premises, not to be operated for sleeping or habit- able purposes and not operated for gain, within 75 feet of ordi- nary highwater mark and/or landward edge of tidal wetland, along Peconic Bay, 575 Old Har- bor Road, New Suffolk, NY; County Tax Map District 1000, Seaction 117, Block 03, Lot 06. 8:40 p.m. Appl. No. 3592 - BENTE SNELLENBURG (Continued from April 20, 1987 as requestedl. Variances to the Zoning Ordinance, Articles: XI, Section 100-119.1(B) for ap- proval of eight-foot height of fencing along the easl~!rly prop- erty line a length of 72* tibet; (2) XII, Section 100-141, Appeal- ing the November 6, 1966 Order to Remedy Violation which man- dates a building permit for new fencing along the easterly prop- erty line. Location of Property: Private right-of-way extending offthe east side of Seuth Harbor Road (known as Private Road No. 10, or Old Woods Path}, Seuthold, NY; County Tax Map District 1000, Section 87, Block 2, Lot 21, ~ .... The Board of Appeals will hear at said time and place all persons or representatives desir- ing to be heard in each of the above matters. Each hearing will not start before the time al- lo~ted. Written comments may ¥0~ b~ submitted prior to the conclu- sion of the subject hearing. For more information, please call 765-1809. Dated: June 30, 1987. BY ORDER OF TIlE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEIIRINGER, CtIAIRMAN IAnda Kowalski, Board Secretary tTJy9-5658 ~'~CE OF HEARINGS.' NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of · the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF. APt.SSS at a Regular Macring at the Southold Town Hall, Main Road, Southold, New York, on THURSDAY JULY 16, 1987, at 7:35 p.m. Appl. No. 3581- GEORGE D. DAM1EN. Variances to the Zoning Or- diannce, Article 111, Section 100-31, and Bulk Schedule, for apprOval of insufficient area, width and depth of two parcels in this pending set-off division of land located at the Corners of Jackson, Fifth and Main Streets, New Suffolk, NY; County Tax Map District 1000, Section 17, Block 9, Lot 12 con- taining a total area of 28,919:1: sq. ft. 7:40 p.m. Appl. No. 3639- WILHELM FRANKEN. Variance to the Zoning Or- dinance, Article 111, Section 100-32, and Article XI, SeCtion 100-119.2, for permission to locate 25 ' by 25' accessory building in sideyard area and with insufficient setback from existing bulkhead along Gull Pond Inlet. Location of Proper- ty: West Side of Osprey Nest Road, Greenport, NY; Cleaves Point Subdivision Section 1, Map 2752, Subdivision Lots 14 and 15; County Tax Map District 1000, Section 35, Block 6, Lots 22, 23 and 24 (now 24.1). 7:45 p.m. Appl. No. 3635- ARTHUR V. JUNGE. Variance to the Zoning Ordinance, Arti- cle 111, Section 100-30 (A) for permission to establish electrical shop use in this "A-40" Residen- tial and Agricultural Zoning District. Location of Property: North Side of CR 48, Cut- chogoc, NY; County Tax Map District 1000, Section 96, BloCk ~"~ 7:~0 p.m. Appk NO. 3631- ~ PUI~,E coRP. Variance to the Zoning Ordinance, Article 111, Section 100-30(A) for permis- sion tO establish and construct ,7500 sq. ft. building for in- dustrial use in this"A" l~iden- rial and Agricultural Zoning District. Location of PrOperty: North Side of CR 48, Cut- chogue, NY; County Tax Map District 1000, Section 96, Block 1, Lot 20, containing 39,524* sq. ft. in lot area. 7:55 p.m. AppL No. 3638- JAMES AND MARY TYLER continued from June 18, 1987). Special Exception modifying Appl. No. 3400 to permit vehi- cle doors to face street side as constructed. Location of Pro- perty: 6795 Main Road, Laurel, NY; Mattituck Holding Co. Minor Subdivision Lot No. 3; County Tax Map District 1000, Section 125, Block l,Lot 19.6. 8:00 p.m. Appl. No. 3642- DINA MASSO. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 to construct accessory boathouse structure wiih deck at the foot of the bluff, and deck and new stairs along and at top of bluff areas, all landward of existing wood bulkhead along Peconic Bay, premises known as 5705 Nassau Point Road, Cutchogue, NY; Lot 39, Amended Map A of Nassau Point Filed August 16, 1922; County Tax Map District 1000, Section 111, Block 13, Lot 04. 8:05 p.m. Appl. No. 3644- FREDERICK WIGHTMAN/DAVlD FREY/ JOSEPH REINHART. Variance to the Zoning Ordinance, Arti- cle 111, Section 100-30(A), Arti- cle XI, Section 100-118(E) for establishment of business uses, and/or interpretation, to permit the following activities: retail sales and storage, business of- fie& prOfessional office, govern- mental office, contractor office, personal-service store or shop, as described for the "B-Light Business" Zoning District, Sec- tion 100-60(A)[2], [4], [8], in- clusively, in conjunction with ex- isting single-family dwelling unit on second-floor having a livable floor area of 900 sq. ft. Zone District: "A-40:' Location of 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 pubic, ':" e New York No. Qua,m,d xn ~:uilo~ Con,mission Expires APPEALS BOA'RD MEMBERS Gt RARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J DOUGLASS )(]SEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 FELEPHON[ (516) 765 1809 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time and daL~ of the public hearing concernin9 your recent application i,; a copy of the Legal Notice as published in the L.]. Travel,~'r- Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear in your behalf during t. he public hearing in the event there are questinns from board members or persons in the audience. Please be assured th, t: your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel fr.(. to call our office, 765-1809. Euclosure LiHda Kowal ski Secret. ary and Board Clerk TOWN OF SOUTHOLD, NEW YOItK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. -~' ~ / TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. (We) Pudge Corporation ~f50800 Main Road/ P.O. Box 1465 Name of Appellant Street and Number Southold Municipality ?...e.~...~?..~ ......... HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO James L. Gray Sr. ..~.u..d..ff.e.....C...°.AP..°..r...q.t..~...°..n.. ...................................... Name of Applicant for permit of 50800 Main Road Southold New York Street and Number Municipality State PERMIT TO USE f~xk ( ) ( ) PERMIT FOR OCCUPANCY For permission to construct an industrial building 1 LOCATION OF THE PROPERTY 22600 Cts.# 48 Cutchogue, New York Street /Ham]et / Use District on Zoning Map District 1000 Section 09d~lockolLot20 C rrent ................................................................................ · LI OwnerJames L. Gray, Sr./Pudge Carp Mop No. Lot No. Prior OwneWohn s. Wickham 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article Section 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (XX~ 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 appealx~J¥~ (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ~XX)X A Variance to the Zoning Ordinance ( ) is requested for the reason that Ti~ property is zoned residential and permission is sought to construct an industrial building. (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulti~ or unn~es- sary HARDSHIP because all property north and west is zoned for industrial and this property is reconsidered for the same use on the proposed master plan. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because extreme shortage of industrial property and none available for this proposed business. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF /HE DISTRICT because all area around the land fill is zoned industrial · COUNTY O ) Sworn to this ............. ..~...~....z/~,,. ..................... day of ........................................... 19 o~7 MARY ANN CYBULSKi NOT~Y PUBLIC State of New Yor~ Residing m Suffolk County No 52-5895900 ~mm~ss~on ,~xp~es April 30 ~ BOARD OF APPEALS. TOWN O!: SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold TO: Mr. Francis J. Hurph~ Supervisor C/O 53095 Hain Road Southold, New York 11971 NOTICE TO ADJACENT PROPERTY OWNER YOU AR NOTICE: ~ 1. That it bt_he il~m~lem;ef/be undersigned to petition the Board of Appeals of the Town of Southol to request a I~~E~on) (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* cribedasfoliows: 2_26@O'Count~ Road #48 Cutcho~Tue, New York 3. That the property which is the subject of such Petition is located in the following zoning district: Propert~ zoned for residential use. 4. That by such Petition, the undersigned will request the following relief: TO construct an industrial building $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~/77-- Sectio.n 1 0 0 - 30 - A [ ] Section 280-A, New Yor`k 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, Southoid, 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: April 27, 1987 Pud~e Corporation Petitioner Owners'Names~ames PostOfficeAddress P.O. Box 1465 L. Gray, SRJ Presiden. Southold, New York 11971 (516) 765-1850 N__AAME ~NOT ATTACH ~ ~ ~CEIPT:; p 677 29& 324 INSURANCE cOVERAGE pROViDED NONoT FOR iNIERNATIONAL N~AIL (See Reverse) ) .KJ SS.: Y rn, deposes and-says that on the ~ day mailed a true copy of the Notice set forth on the re- f, directed to each of the above-named persons at the addresses set opposite their respective names; lhat the addresses set opposite the names of sald persons are the addresses of said persons as shown on thecurrem,:assessment roll of the Town of Soufh r~_ce~...t '--_~t~..z~ ~ -~;JL'~ ,, . old; that said Notices were ma ed at the United States Post Of- . ~-- - ~ y//c.~., that said Notices were mailed ro each of said persons by (L~r tlfme-'d~(regls tered ~ mail. Sworn to be~fpre me this day of __ ~ Notary Public MARY ANN CYBULSKI NOTARY PUBLIC, State of New York Residing m Suffolk County No 525895900 ~ E. xp.e~ A~.130 l~f.~ (This side does not have to be comp]eted on form transmitted to adjoining property owners.) BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southold TO: Mr. Albin Pietrewicz Cox Lane Cutchogue, New York 11935 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is theintention 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: 22600 Countg Road #48 Cutcho~ue, New York 3. That The property which is the subject of such Petition is located in the following zoning district: Property zoned for residential use. 4. That by such Petition, the undersigned will request the following relief: TQ construct an industrial building $. Thai the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~ Section. lO0- 30-a [ ] 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 may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing 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: April 27, 1987 PudFe Corporation Petitioner 0wners'Names~ames PostOfficeAddress P.O. Box 1465 Gray, SRf Presiden Southold, New York 11971 (516) 765-1850 NAME PROOF OF MAIl, lNG OF NOTI(:J' ATTACH CERTIFIED MAIL REcEiPt:; ADDRESS P 677 298 323 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVtDED NOT FOR INTERNATIONAL MAiL (See Reverse) S t to Str and No. P. , St and ZIP Code ~ertlfied Fee Special Delivery Fee Restricted Delive~ Fee Return Receipt Showing to whom and Date Delivered Return receipt showi Date, and AdOre~ TOTAL POSt a~Yees STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ~ ~ ~" ,19 '~-- de ~n 8 ulysworn, deposesan~,says that on the ~(.~ day verse side'hereof d' ~ ,,~ ..~. _; .~_ _,-?~., p _ent mailed a true copy of the Notice set forth on the re- , Irecte., ,u ~l~,, u, mc anove nameo 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 currenJTassessment roll of the Town of Soutbold that ' · fi~ce a~t ~.~.<.4.~ -'~?.,~., '7, ...-~ _ . said Notices were mailed at th- ,1--: ~registered) m~il. · ~ ~-'~'/~"(- ;that sa,d NotKes were mailed to Sworn to before me this ~ ~ day of ~ ,19 ~' Notary Public . MARY ANN CYBULSKI NOTARY PUBUC, State of New Y~ Resadm~ m Suffolk Comity No 52-5895600 (Thisproperty side owners.) does not have to be completed on form transmitted to adjoining BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of 5outhold : TO: Mr. Arthur V. Junge 6880 Nassau Point Road Cutchogue, New York 11935 : 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 ~ (Special Exception) (Special Permit) (Other) [¢±r¢le cho±ce] ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribedasfollows: 22600 Count~t Road #48 CutohoFue, New York 3. That the property which is the subject of such Petition is located in the foUowing zoning district: Property zoned for residential use. 4. That by such Petition, the undersigned will request the following relief: To construct an industrial building $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~ Section l O 0- 3 0- A [ ] Section 280-A, New York Town Law for approva] of access over ri§ht(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: April 27, 1987 Pudge Corporation Petitioner 0wners'Namesgames Post Office Address P.O. Box 1465 L. Gray, .SRJ Presiden[ Southold, New York 11971 (516) 765-1850 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OFSUFFOLK) ss.: (~ ~ ~/~'~_~ _ , being duly sworn, deposes and ~s that on the ,3 ~ day of -/"'~--~-'~. ~=.~ ~/, 19 ~o,~-~ , deponent mailed a verse ~'~de hereof, directed to each of the above-named persons at the adc names; that the addresses set opposite the names of said persons are the the current ~ssessment roll.of the Town of Soulhold; that said Notices rice at~/~..~.~;;~---~/ ~ ~-F//~-- ;that said Notices (certified) (registered) mail. Sworn to b.e~f~re me this '~ ~ day of ~c",~ , 19 ~ Notary Pubti~ MARY ANN CYBULSKI NOT~Y PUBLIC. State of New York Re,ding m Suffolk County No 52.589~900 COlllmmmon Ex,mre~ April 30 (This side does not have to property owners.) be completed on form 92E ~62 669 d ~HO~? £NVIROI~I,~ri'i'AL ASSESSHEIIT ~ro~re~ will uae cu~ontly available ~fo~t~on =onco~n& tho project and ~ha or other tnvas:~gat~ona w~l ba ~dortakon, (b) If any question baa been answered Yes ~he project ~ny bo ~flcon~ and a ec=pleted Env~ro~enta~ Assessment Fo~ ~ nece=sar/, (c) If all questions have been an=wered Ilo {d) ~qviro~entnl As~nus~ent ~l project, rea~: In a laFSe phy~2cal C~nge to the proJec~ si~e or phya2cully alte~ more t~n 10 acrea of land? · · · , · · . ~. ~1~ :hero be a m Jot chnn&e :o an7 ~miquo or unusual land fo~ fo~d on ~he ~lte't . . . . . Ye= XX Xo ].W~I project alter or ~ve a large uffoct on an oxis%in& body of wa~er? . . · . &. W~i proJec~ have a potentially larlo ~pacb on 5, ~1 ~roJec~ ~i~ifican:ly. effec: drayage on ad~acen~ a~oa? , · · · · · · 6. ~111 pro~ect affect any t~ea%unod or endangered --plan~ or anL~l specien? , . · · · 7,W~I proJec~ res~ in a ~a~or adwrue effect on air qualt~y? · · , · · · Be W~I proJec~ h~ve'a ~Jo~ effect cn visual char- acter of the co~i:y or scenic viewa or 9, Will proJec~ adveraely ~pac~ any ai:e or ufo of hi~:oric~ pro-~ia:orlc~ or paleontological importance or any site damixa:ed no a critical enviro~en~l a~a by a local agency? , · , 10,W~i project have a ~Jor effect on exl~t~g or future recreational opport~iti~o~ · · W~I proJect.reault'tn ~or :raffle problem~ or cause a ma~or effect to exi=:ing 12. Will ~ro~ec~ re~2arly c~u~e obJect~onabte ~O~SeI ~larlI v~brat~on, or elec=r~cal ante as a res~: of the proJect'u operation? ; Ye~XX ~o 13, W~ll pro]ec~ have any ~npac% on public health or safetT? · · · . · . · · · · · . Ye~xx Ho li. Will pro~oc~ iffoc~ :h~ ella:in& co,unity by directly cau~ln~ a &row~h in per~anen~ t=upula- tton cf oore :has ~ percent over a cn~e~r period or have a major negative effect on the characce~ cf oho co.unity or nelKhborhood?.. the project? TITLE: DATE= YeoXX I1o Ye= xx No qUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATION FORMS TO THE BOARD O~ 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 seaward of area under construction? Yes Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) Yes ~ 3. Are there existing structures at or below ground level such as patios, foundations, etc? ' Yes ~ 4. Are there any existing or proposed fences, concrete barriers, decks, etc? Yes N~ 5. 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 ~ If project is proposed for principal building or structure, is total height at more than 35 feet above average ground~l? 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 ~our ownership, if any)? State Permit # and Nature: Yes ~ 10. 11. 12; 13. 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 TrDstees Yes Yes County Health Department _- Village of Greenport Yes N.Y.S.D.E.C.' ' Yes Other Yes Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of'sale.(from contract). Yes Is new construction proposed in the area of contours at 5 feet or less as exists? Yes If new construction is proposed in an area within 75 feet of wetland grasses, or land area at a~ eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under Yes the requirements of Ch. 97 of the Town Code? Please list present use or operations conducted upon the subject property at this time ~aoa~ and proposed for an industrial building I certify that the above statements are true and are being submitted reliance by the Board of Appeals in considering my. application. FS~gnature (~r') (Authorized Agent} for 3/87 1 k