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Home My WebLink About3482Southold Town Board of Appeals MAIN Rr'IAD- ~TATE RQAD 25 ~I~UTHI~LD, L.I., N.Y. 11cj'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3482 Application Dated March ]2, ]986 (Public Hearing April 3, ]986) TO: Mr. Jerry Shulman [Appellant(s)] P.O. Box 41 Port Jefferson Station, NY 11776 At a Meeting of the Zoning Board of Appeals held on April 16, ]986, 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 IX] Request for Special Exception under the Zoning Ordinance Article IX , Section ]00-90 [ ] Request for Variance to the Zoning Ordinance Article ., Section [ ] Request for Application of JERRY SHULMAN for a Special Exception to the Zoning Ordinance, Article IX, Section 100-80 for permission to change use of a portion of existing building to building-material storage, in conjunction with existing agricultural storage and agricultural office, at premises referred to as 11950 Sound Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-141-03-41. WHEREAS, a public hearing was held and concluded on April 3, 1986, in the Matter of the Application of JERRY SHULMAN under Appeal No. 3482; and WHEREAS, the board members have personally viewed and are with the premises in question, its present use as an agricultural building with agricultural office, and its surrounding area; and familiar storage WHEREAS, the board has considered all submitted concerning this application; and it no public opposition has been received; and testimony and documentation is noted for the record that 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' frontage along the south side of Sound Avenue (a/k/a Old North Road), Mattituck, New York, and is located in the "C-Li9ht Industrial" Zoning District. 2. By this application, appellant requests a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80(B)[3] for permission to convert part of existing potato-storage building for warehousing of building materials and office incidental thereto, and limited to the most westerly structures depicted "frame building" and "block and frame building-28' by 45'" as shown on survey mapped May 23, 1964 by Alden W. Young. No outside storage of any materials is proposed by this application. 3. The subject premises is presently improved with the follow- ing structures, as shown by survey amended May 23, 1964 submitted CONTINUED ON PAGE TWO~ DATED: April 29, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOW~N OF APPEALS ZONING BOARD Page 2 Appeal No. 3482 Matter of JERRY SHULMAN Decision Rendered April 16, 1986 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' at its nearest point from the front property line along the south side of Sound Avenue. 4. For the record, it of record under Appeal No. 813 an addition to a nonconforming and unloading of potatoes. is noted that there is a prior appeal rendered November 10, 1965 to erect building to house trucks and loading 5. It is also noted for the record that the Southold Town Board by resolution adopted March ll, 1986 determined that the change of use as proposed herein is consistent with the uses in the proposed "B-1 General Business" Zoning District prepared by Raymond, Parish, Pine & Weiner. In considering this application, the board has determined: (1) the uses proposed will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts, (2) the uses will not prevent the orderly and reasonable use of permitted or legally established uses in this district, or of permitted or legally established uses in adjacent use districts; (3) the safety, health, welfare, comfort, convenience, or order of the town will not be adversely affected by the proposed use and its location; (4) 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 100- 121(C)[2] of the zoning code. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the Application in the Matter of JERRY SHULMAN for a Special Exception as applied under File No. 3482, for permission to convert part of existing storage building for warehousing of building materials and the office area incidental thereto, in conjunction with present potato-storage use, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: I. Storage of building materials and office space incidental therewith shall be limited to the westerly buildings, as applied; 2. Parking shall be on-site to the best of the users' abilities (3 spaces suggested as a minimum). Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Grigonis. (Members Douglass and Sawicki were absent.) This resolution was duly adopted. lk ERARD P. GOEH~'INGERfCHAIRMAN April 29, 1986 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Ccde of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, APRIL 3, 1986, and as follows: 7:3§ p.m. Appeal No. 3396 GARY DOROSKI for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2(B) for permission to locate oroposed pool with decks and fence enclo- sure within 75 feet of wetlands and higqwater mark, at 425 Monsell Lane, Cutchogue, NY~ Norwald Subdivision Filed Map No. 1275, Lots 31-35 inclusive; County Tax Map Parcel No. '000- 97-08-27. E7:40 p.m. Appeal No~ 3482 - JERR~ SHULMA~ for a Special xception to the Zoning Ordinance, Article IX, Section 100-90 for permission to change use of a portion of existing building to building-material storage, in conjunction with existing agri, cultural storage and agricultural office, at premises referred to as 11950 Sound Avenue, Mattituck, NY~ County Tax Map Parcel No. 1000-141-03-41. 7:45 p.m. Appeal No. 3473 - JOSEPH A. CASSIDY, JR. for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of 58,484 sq. ft. parcel with 135' frontage along Reydon Drive, set off from oremises to the north presently of J. Rich of 55,831 sq. ft. ~n area and 135' frontage (lot width). ProDerty identification: County Tax Map Parcel Nos. 1000-79-05-23.1 and 22.1~ located along the west side of Reydon Drive, Southold, NY. 7:50 p.m. Appeal No. 3451 BEDELL WINERY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30- (B)[14] to establish winery use from grapes grown on the premises, 36225 Main Road, Cutchogue; 1000-85-02-10. (Recessed from 3/13/86). 8:00 o.m. Appeal No. 3476 ROBERT AND CHARLOTTE WISSMAN for a Variance to the Zoning Ordi[ance, Article XII, Section 100-12i to seek relief from ccnditions placed by prior 2ppeal Page 2 - Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 3, 1986 No. 2006 in the Name of Claire Brody and Others dated February 27, 1975, whiEh conditionally granted use of lot for mooring dock and storage building (Article III, Section 100-30(B)[9]) and insuffi- cient lot area and width IBulk Schedule), to allow the construction of a single-family residence. Location of Property: 715 Gull Pond Lane, Greenport, NY; County Tax Map No. 1000-36-04-007.6 (referred to as Lot "C' ). 8:10 p.m. Appeal No. 3481 PORT OF EGYPT ENTERPRISES, INC. for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80 for permission to install/relocate marine fuel storage tanks in this "C-Light" Industrial Zoning District, at 6230 Main Road, Southold, NY; County Tax Map No. 1000-56-6-3.2, 3.3, 4, 6, 6.1. 8:15 p.m. Appeal No. 3472 MICHAEL HERBERT for a Variance to the Zoning Ordinance, Article III, Section lO0-30(A) for permission to establish "Bed and Breakfast"-type use, or "an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than nine persons." Location of Property: 795 Pike Street, Mattituck, NY; County Tax Map Parcel No. 1000-140-2-23. Zoning District: A-Residential and Agricultural. 8:20 p.m. Appeal No. 3418 - GRETCHEN HEIGL for a Variance to: (a) the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for approval of insufficient lot area and width in this proposed division of proper~y, and (b) New York Town Law, Section 280-a for approval of access to proposed Lot #1 over a private right-of-way located along the easterly side of the subject premises. Location of ?roperby and Right-of,Way tn Question: North Side of Sound View Avenue, Southold, NY; County Tax Map Parcels No. 1000-68-1-14 and 15.1. 8:25 p.m. Appeal No. 3477 WILLIAM AND KATHERINE HEINS for a Variance to the Zoning Ordinance, Article III, Section -00-31, Bulk Schedule for approval of insufficient area, width and depth of two parcels ~n this proposed division located along the north side of Main Road, Orient, NY; County Tax Map Parcels No. 1000-19-2-5 and 6. Page 3 Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 3, 1986 8:35 p.m. Appeal No. 3488 WILLIAM KREITSEK for a Variance to the Zoning Ordinance, Article III, Section 100-32 (and/or Section IO0-30A) for permission to locate private, fenced-in Tennis court together with 12' by 12' gazebo on stilts on vacant premises adjacent to residence of the aoplicant and referred to as 9030 Soundview Avenue, Southold, NY; George Penny IV Filed Subdivision dated April 11, 1974; County Tax Map Parcel No. 1000-5g-07-27.2 and 27.1. 8:40 p.m. Appeal No. 3471 NICHOLAS TSIRKAS for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2(A)[1] for permission to construct single-family dwelling with an insufficient setback from edge of bank~ along the Long Island Sound. Location of Property: North Side of Sound Avenue, Greenport~ NY; Eastern Shores Subdivision Map 4586, Lot 113~ County Tax Map Parcel No. 1000-33-01-11. 8:50 p.m. Appeal No. 3469 - WARREN AND MARY BRADY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory barn in the frontyard area, at premises referred to as 3500 Private Road #13, off the north side of Bergen Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-105-01-5. 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. Written comments may also be submitted prior to the conclusion of the hearing in question. For more information, please call 765-1809. Dated: March 13, 1986. BY ORDER OF THE SOUTHDLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CNAIRMAN lk INSTRUCTIONS FOR NEWSPAPERS: Please publish Thursday, March 27, 1986 and forward two affidavits of publication on or before April 1st to: Board of Appeals, Main Road, Southold, ~Y 11971. FORM NO. 3 TOWN OF SOUTHOLD BUILDi2qG DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated ....~..0.~%..~....~ ......... 19 fl..~.. for permit to 0~...°r~..~.~.. ~ .... ~.~.~.. ?...L~.. ~..~. ~ .......... at Ho~e No. Street Hamlet County Tax Map NO. 1000 Section .../.q/ ....... Block ... ~.~ ...... Lo~ .. ~. l ....... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the, following grounds , ~.~ ... ,,. ~. :. ~.~. . .. . .~. . .~z,~. . e ~. .~ . . ~.~ . ~ . . r~ .~ . ~ :..~....~..~.~. :....~....~.. ~..~..~.~ ....... : ~...fl..~r~.~ ................ : ....... .~ ........... : ........ Building Inspector RV 1/80 ~,~/OWN OF SOUTHOD, NEW APPPLICATION FOR SPECIAL EXCEPTION APPLICATION NO. ~-~4z~ ..... .... TO THE ZONING BOARD OF APPF. AI~, SOUTHOLD, N. Y. NAME STREET AND NU}/iBER Port Jefferson Station MUNICIPALITY New York 11776 STATE hereby~pply to THE ZONING BOAR0~ ~O~F APPEALs for a SPF~IAkJf F~CEPT~ON in accordance with the ZONING ORDINANCE ARTICLE ~-±J- SECTION ~ UU-yU SUBSECTION THE SPECTALEXCEPTION IS REQUESTEDBECAUSE I wish co continue using the buildingsfor potato~arehousing and office space. I am requesting the use of ~.~8~area located in the Cement Block building (dimensions of which are 28'X45'X30'X60') for warehousing of building materials. The property is loaated at 11950 Sound Ave., Nattituck, N. Y., County Tax Nap No. 1000, Section 141, Block 03, Lot 4I. The size of the office building within the Cement Block building is 12'X12'X8'X20'X20'X52' and will be used by the building material company. The potato office in the large frame building and is 6'X12'. If variance is not granted, full utilization of the buildings cannot be accomplished and this will be a burden and expense to me. STATE OF NE~YORK ) (~~ /~,~.~.~_~_ ,o .... NOTARY PUBLIC FORM ZB2 NOTES= I.I=MONUMENT 2. SUFFOLK CO. TAX MAP DIS~ IOOO SEC~BL.~.~._LOT_O~. ;5. AREA =10688 S.E SURVEY FOR ,JERRY SHULMAN 8~ LILLIAN SHULMAN AT MATTITUCK TOV/N OF SOUTHOLD SUFFOLK COUNTY, NEW YORK DATE: SCALE: NO. APR. 9,1986 86 - ;541 AVENUE YOUNG & YOUNG ALDEN W. YOUNG, PROFESSIONAL ENGINEER AND LAND SURVEYOR N.Y.S. LICENSE NO. HOWARD W. YOUNG, LAND SURVEYOR N.Y.S. LICENSE N0.45893