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HomeMy WebLinkAbout3463RI:lAD 25 ~:OLJTHI3LD. L.I_ N.Y. 1'J~71 TELEPHONE 15~C:~ 765-1509 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3463 Application Dated February 7:]986 TO: Gary Flanner Olsen, Esq. as Attorney for EDMUND PRESSLER Main Road, Box 706 Cutchogue~ NY 11935 (Public Hearing March 13, 1986) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on April ]6, ]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 [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article VII , Section 100-70(A)[l](d) [ ] Request for Application of EDMUND PRESSLER for a Variance to the Zoning Ordinance, Article VII, Section~, Bulk Schedule, and Article Vii, Section lO0- 70(A)[1](d), for permission to utilize premises of 68, 192 sq. ft. in area as a continuing no~conforming two-family dwelling and add two recall sales/office uses ~n this "B-l" General Business Zoning District. Location of Property: North Side of Main Road, Southold, NY~ County Tax Map Parcel No. 1000-63-3-26. WHEREAS, in the Matter 3463; and a public hearing was held and concluded on March 13, 1986, of the Application of EDMUND PRESSLER, under Appeal No. WHEREAS, the board members have personally viewed and are famitaar with the premises in question, its present use and classification in t~e '~B-t" General Business Zoning District~ and WHEREAS, the board nas considered all testimony and documentation submitted concerning this applicatio~ and WHEREAS, the board made the following findings of fact: 1. By this application, appellant requests a Variance from Article VII, Section 100-71, Bulk Schedule for permassion to utilize premises as a continuing nonconforming two-family dwelling, one retail store use (antique sales) and one business-office use within building as exists in this "B-I" General Business Zoning District. 2. The premises in question is situate along the north side of Main Road commencing at a point 329.70 feet east of Boisseau Avenue, with 95.44' frontage and average depth of 737.87 feet, and contains an areage of 1.582 acres. 3. The subject premises is improved with a two-story framed structure set back 31 from its front property 'line along the Main Road, 15' from the west side line, 16' from the east side line, and (CONTINUED ON PAGE TWO) DATED: May 6, 1986. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. ~3 MATTER OF EDMUND PRESSLER Decision Rendered April 16, 1986 with swimming pool in a fence enclosure set back not closer than three feet from the west side line and 15-+ feet from the east side line, all as shown by survey dated August 31, 1981 prepared by Roderick VanTuyl, P.C. 4. The Building Inspector, by Notice of Disapproval dated January 2, 1986, disapproved applicant's proposal as a shopping center (more than one business use) because a two-family use requires 160,000 sq. ft., one retail business use requires 30,000 sq. ft., and a shopping center (more than one business use) requires one acre [see Bulk Schedule and Article VII, Section lO0-70(A)[1](d)]. 5. "Store #1" is proposed for antique sales and would contain an area of 1,247 sq. ft., and "Store #2," proposed for rental as a business office use, would contain 630 sq. ft., both on the first floor. The west second-floor apartment contains 630 sq. ft. and east second-floor apartment contains 1,084 sq. ft. 6. For the record it is noted that there is a Certificate of Occupancy of record, No. Z-4897 dated November 7, 1972, which indicates that the use as a nonconforming two-family dwell.ing, with accessory doctor's office conforms to all the applicable provisions of law. It is the understanding of this board that the doctor's office was a home occupation use, accessory to the doctor-owner's principal residential use of one of the dwelling units, and not a separate principal business use. ~ 7. It is also noted for the record that a variance was approved under Appeal No. 1415 on April 15, 1971 (Genevieve Albertson) for permission to set-off this lot from an adjoining lot with existing dwellings with insufficient frontage (lot width) along the Main Road. 8. It is further noted that as of this date the site plan for this project is pending review and action by the Planning Board, which by letter dated March 5, 1986 has indicated that it has no ~bjections and the parking is suitable as proposed. 9. After investigation and in considering all the facts concern- ing the use of this property as, proposed and existing uses,,]the board agrees the use of this property and existing building, in conjunction with the existing two family dwelling uses on the second floor, is warranted for one retail business, additionally; however, it is the opinion of the board that the creation of a fourth use, such as the business-office use proposed herein, would not be within the spirit of the zoning ordinance and is not compatible with the land use pattern in this area or within the township. In considering this appeal, the board finds and determines that allowance of a third use as an antique shop, and denial of a fourth use for separate business purposes on this 68,912 sq. ft. parcel: (a) same is consistent with and will promote the general purposes of the zoning code and maps [and the Master Plan amendments as proposed]; (b) the circumstances are unique; (c) the antique shop use will not alter the essential character of the neighborhood; (d) the antique shop use will not prevent the orderly and reasonable use of this district or adjacent use districts; (e) the safety, health,.welfare, comfort, convenience and order of the town will not be adversely affected by the proposed business use and its location; (f) the interests of justice will be served by allowing the variance for the antique shop business use requested, in conjunction with the existing two-family dwelling use, and by denying the variance for Page 3 - Appeal No. 3463 Matter of EDMUND PRESSLER Decision Rendered April 16, 1 986 a fourth business use, as conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that a Variance for permission to establish an antique shop (retail store) in conjunction with existing noncon- forming tWo-family use, BE AND HEREBY IS GRANTED under Appeal No. 3463 in the Matter of the Application of EDMUND PRESSLER SUBJECT TO THE FOLLOWING CONDITIONS: 1. This variance shall be limited to one retail use plus the existing nonconforming two-family dwelling use, and does not permit a fourth business use; 2. There shall be no parking in the front areas; 3. There shall be no reduction of sideyard(s) to less than ~ eXists;ito~wit:~ t5! and 16' (see survey dated August 31, i961 4. Minimum width of egress/ingress to parking area shall be not less than 12 feet wide. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Douglass. (Member Sawicki was absent.) This resolution was duly adopted. lk ~'ERARD P. GOEHRIN6ER, CH~I/RMAN May 6, 1986 awn of Sou~hold NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following 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 au 7:30 p.m. on THURSDAY, MARCH 13, 1'986, and as follows: JOHN 7:30 p.m. Appeal No. 3432 Recessed Hearing in the AND JOYCE HOLZAPFEL. ~ Matter of 7:35 p.m. Appeal No. 3457 RALPH AND LUCILLE STOCKER for permission to construct new dwelling requiring Variances to the Zoning Ordinance: (1) Article III, Section 100-31, Bulk Schedule, for excessive lot coverage, and (2) Article XI, Section 100-119.2 for reduction in the required Setback from bulkhead and tidal waters to less than 75 feet. Location of Property: 1080 Maple Lane (a/k/a 55 Snug Harbor Road), Greenport; Clea'ves Point, Section 3, Map #4650, Lot 59; County Tax Map Parcel No. t000,35-05-28. 7:40 p.m. Appeal No. 3452 : PAUL FORESTIERI for Variances to~ the Zoning Ordinance;'A~ticle~ I'II, SectionClOO~3l,~Bulk Schedule for permission to locate new dwelling:with insufficient front and rear yard setbacks. Location of Property: East End of Sound View Avenue (South End of Fasbender Avenue), Peconic; Bailey Park Subdivi- sion, Lots l, 2, 3, 4, 5; County Tax Map ~arcel No. 1000-67-06-004. 7:45 p.m. Appeal No. 3470 - ATHANAS AND RUTH ZAMPHIROFF for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for permission to construct addition of 190± sq. ft. in area which will exceed the maximum-permitted the lot coverage requirement of 20%. Location of Property: 17195 Main Street (a/k/a 720 Second Street), New Suffolk, NY; County Tax Map Parcel No. 1000-117-08-13. 7:50 p.m. Appeal No. 3447 PUDGE CORP. for a Special Exception to the Zoning Ordinance, Article VIII, Section lO0-80(B) for permission to establish one or more of the following uses within the buildings proposed to be constructed as shown by site plan revised 7-9-85: professional offices; electrical contractor shop; plumbing shop; furniture repair shop; carpenter shop, cabinet shop; printing estab- lishment; food processing; packaging of machine parts to be shipped; such uses as. allowed in this ~.-1 Heavy Industrial Zoning District. Location of Property: East Side of Horton's Lane, Southold, NY; County Tax Map Parcel No. 1000-63-01-10. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 13, 1986 7:55 p.m. Appeal No. 3459 - 125-127 MAIN ST. CORP. (MILLS & CO.) for a Special Exception to the Zoning Ordinance, Article VIII, Section IO0-80(B) for permission to utilize premises and construct addition for the manufacture of sails, canvas products and related items, and office and storage area incidental thereto, in this "C-Light" Industrial Zoning District. Location of Property: 74100 Main Road, Greenport, NY~ County Tax Map Parcel No. 1000-45-06-006. 8:00 p.m. Appeal Ne. 3465 - VELIMIR AND HEDA VRANKOVIC for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for approval of the construction of second-story deck addition with an insufficient frontyard setback. Location of Property: 1625 Sandu Beach Road (a/k/a 55 Bay Road), Greenport, NY; County Tax Map Parcel No. 1000-43-04-45. 8:05 p.m. Appeal No. 3460 - MICHAEL J. PERLMUTTER, M.D. for a Variance to the Zoning Ordinance, Article III, Section lO0-30(C)[1](a) for permission to utilize premises and addition for accessory home occupation use (physician's office) in.excess of maximum-permitted 30% first floor area. Location of Property: 2035 Theresa Drive, Mattituck; Deep Home Creek Estates Filed Map 4256, Lot 59; County Tax Map Parcel No. 1000-115-16-15. 8:10 p.m. Appeal No. 3450 ROSALIE GOWEN for ~ac~ances~to~tbe~ Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of: (1) insufficient lot area, (2) insufficient lot width, (3) insufficient lot depth, of two parcels as proposed in this pending set-off division of land located at the corners of Zena Road, Cpt. Kidd Drive and Central Drive, Mattituck, NY; Cpt. Kidd's Estates Filed Map #1672~ Lots 134, 153, 154; County Tax Map Parcel No. 1000-106-02-32 and 43. 8:20 p.m. Appeal No. 3474 DAVID M. JOHNSON for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct addition with an insufficient sideyard setback and in excess of maximum-permitted 20% lot coverage. Location of Property: 385 Corey Creek Road, Southold, NY; County Tax Map Parcel No. 1000-87-5-13. 8:35 p.m.. Appeal No. 3463 - EDMUND PRESSLER for a Variance to Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, and Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 13, 1986 Article VII, Section lO0-70(A)[l](d), for permission to utilize premises of 68,912 sq. ft. in area as a continuing nonconformin§ two-family dwelling and add two retail sales/office uses in this "B-l" General Business Zoning District. Location of Property: 8:45 p.m. Appeal No. 3455 ~'KATHLEEN VARANO for a Variance to the Zoning Ordinance, Article XII, Section IO0-121(D)[1] for a clarification and/or correction of the interpretation of the Building Inspector of Condition in Appeal No. 3330 rendered by the Board of Appeals May 2, 1985 which allows no sleeping or living quarters in the accessory garage/apartment structure. Location of Property: 6600 (o'r 6~50) ]Indi]an Neck Road, Peconic, NY~ County Tax Map Parcel No, 1000-086-07-004. 8:55 p.m. Appeal No. 3421 JOSEPH ZIELONKA.to be reconvened. Recessed Hearing - ESTATE OF 9:05 p.m. Appeal No. 3451 z BEDELL WINERY/VINEYARDS for a Special Exception to the zoning Ordinance, Article III, Section lO0-30(B)[14] for permission to establish winery use from grapes grown on the premises, located at 36225 Main Road, Cutchogue, NY; County Tax Map Parcel NO~ 1000-85-02-10. 9:10 p.m. Appeal No. 3456 - RICHARD AND ANITA WILTON for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of proposed lots ~aving insufficient area, width and}or depth in this pending-division of land, located at the East Side of Queens Street, Greenport, NY; County Tax Map Parcel No. 1000-40-3-6. 9:20 p.m. Appeal No~ 3466 : GREGORY SIMONELLI for a Variance to the Zoning Ordinance, Article III, Section 100-3!., Bulk Schedule, for approval of proposed lots having insufficient area and width in this pending division of land, located at the East ~hd~So~th Sides of Grand Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-107-02-04. 9:25 p.m. Appeal No. 3475 -'JOSEPH H. SAWICKI, JR. for a Variance for approval of access pursuant to-New. York Town Law, Section 280-a, over a private.right-of~.way located off the South Side of Old North Road, Southold, NYz premises presently of Schaefer and identified on the Suffolk County Tax Maps as District 1000, Section 55, Block 2, Lot 4. 9:30 p.m. for a Variance Bulk Schedule, area and width Appeal No. 3453 z ~AMUEL K.C. and ELIZA PLIMPTON KOPPER to the Zoning Ordinance~~ Article Ii~, Section 100-31, for approval of proposed three lots having insufficient located along the west side of Indian Neck Road~ Peconic, Page 4 Notice of Hearings Southold Town Board of Appeals qegular Meeting of March 13, 1986 NY; County Tax Map Parcel No. 1000-86-4-1.2, consisting of a total acreage of 5.00. The Board of Appeals will hear at said time and place all persons or representatiyes desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the hearing i~ question. For more information, olease call 765-1809 (alt. 1802~.~ Dated: March 4, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN lk INSTRUCTIONS TO NEWSPAPERS: Please publish once, to wit: March 6, 1986 and forward affidavits of publication to: Board of ~ppeals, Main Road, Southold, NY 11971, on or before March ll, 1986. Copies to the following 3/4/86: Mr. and Mrs. John Holzapfel, 825 South Harbor Road, Southold, NY 11971 Mr. Garrett A. Strang, ArchiTect for Mr. and Mrs. Ralph Stocker, P.O. Box 1412, Southold, NY 11971 Mr. Paul Forestieri, 300 East 54tk Street, New York, NY 10022 Mr. and Mrs. Athanas Zamphi~off, P.O. Box 255, New Suffolk, NY 11956 Mr. James Gray, Sr., Pudge Corp., P.O. Box 1465, Southold, NY 11971 Mills & Co., 125-127 Main St. Corp., 125 Main Street, Greenport, NY 11944 William D. Moore, Esq. (c/o R.F. Lark, Esq.), P.O. Box 973, Cutchogue, NY for Mr. and Mrs. Velimir Vrankovic Michael J. Perlmutter, M.D., 2035 Theresa Drive, Mattituck, NY 119.52 Abigail A. Wickham, Esq. for Mrs. Rosalie Gowen, Box 1424, Mattituck 11952 Mr. and Mrs. David M. Johnson, Koke Drive, Southold, NY 11971 Gary Flanner Olsen, Esq., for Mr. Edmund Pressler, Box 706, Richard F. Lark, Esq. for Mrs. Kathleen B. Varano, Box 973, William W. Esseks, Esq. for Mrs. Odell and Katzenberg, Box Mr. John Wickham, for the Estate of J. Zielonka, Main Road, Mr. Merlon Wiggin, President, Peconic Assoc. for Bedell Winery P.O. Box 672, Greenport, NY 11944 Richard F. Lark, Esq. for RICHARD AND ANITA WILTON Gary Flanner Olsen, Esq. for GREGORY SIMONELLI Mr. Joseph H. Sawicki, North Road, Southold, NY 11971 Mr. John DeReeder as agent for MR. AND MRS. SAMUEL KOPPER Mr. and Mrs. Samuel K.C. Kopper~Plymouth St, Pemb~e, Town Clerk and Z.B.A. Bulletin Boards Supervisor, Town Board, Z.B.A., P.B., and Building Dept. Individual Z.B.A. files Cutchogue 11935 Cutchogue 11935 279, Riverhead Cutchogue 11935 11 MA 02359 TOWN OF SOUTHOLD BUILDiNG DEPARTMENT TOWN CLERK'S OFFICE SOUTHO LD, N.Y. NOTICE OF DISAPPROVAL To ............... ..... .o-...~..~..,.2. ~ ................. ..... ~ .o.c,.z~./.~ .z,. e .,. ~.: .r-4/..././.7.7/ PLEASE TAKE NOTICE that your application dated ...~.~ ./OAQ?....'/~.'. .Ct/.....ZT. ..... I9 . .~... for permit to "-~__lk~..~... ~0, .~/?/./.~..~...., .C~.&~.~¥(.'~7..~... ................... at Location of Property/¢[~&~..O.~...'~......~..Zq. d O . .~.~.~tmet ~' ....... . ..~o.7-~.z~:..-?..~.: ~.- · Ham/et co~,~ty .T~× ~ap No. 1000 Section .. W...~. 7. ..... ~Iock ....O. ~ ....... Lot .O..Z<6. ...... Subdivision ....... '"W ......... Filed Map No ...... w: ......... Lot No .... ~ ........... lsretu~_d ~e e n d.sapp, o ed on &e ~o~lo l.=go n s~ ..... g ..... ~ .... . . . /.7. . . Building Inspector TG~/H OF: SOUTHOLD, NEW YORK DATE ~c.,~,.. ~Jg:, 1986 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ], ~gg~ ...l~dmund..P. ressl~-r ................................. of ..... (n~..~.~..ILr~.ve..g.r....S~t~o.l.d.,..~L..Y. ........... Name of Appellant Street and Number .................... ~u.~h~id ..................................... i ....................... N..X ................. HEREBY APPEAL TO MunicipaJity State THE ZONING BOARD OF APPEALS FROM '[HE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Name of Applicant for permit of ...... .(.n..o...~J..~.o..v..e....D...r... ................ .S...o..u&h...o.!.d., ........................... .N.y. ........................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY VARIANCE 1. LOCATION OF THE PROPERTY ..5..6..Qg.5...M..a.j,,O..J~.C[ ..... ~.0JJ.~L1Q.I, CL,.J)JY. ............ .B.r..I. ......................... Street Use District on Zoning Map D~..s..t.~.~g.~...[g.Q~)..~£.t~.o~..~3..B~o.cJf..3..i~).t~.2_6......Current Owner Albert W. Albert.~nn .~ Map No. Lot No. Donald B. K~z 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 VII Section 100-71 Bulk Schedule 3. TYPE OF APPEAL Appeal is made herewith for (X) 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 appeal (has) (has not) been made with respect to this decision Of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit (X) request for a variance and was made in Appeal No ................................. Dated ..................................................................... REASON FOR APPE~NL ) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) ~s requested for the reason that applicant seeks to uti li~e subject prernises as a continuing non conforming two family ~we111ng and two re~tlstores. Premises are shown on survey o~ Roderick Van Tuyl, ~ated August 31, 1981. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical diffcu tie~~]~f~T. sary HARDSHIP because appllcant is presentIy in contract to purchase the subject premises subject to the qranting of a variance to utilize the property as a two family dwelling and t~.ret~H stores.. The present use of a non con'forming two family dwelling and a doctoPs office was approve([ under building permit ~509-Z issued on January 2, 1972 to which certificate of occupancy # Z4897 was issued.. on November 7, 1972. The premises is now a non conforming use since the dweil- 1rig units were excluded from the B ~ general business district under local 1aw 5-96. It is respectively submitted that the non conforming two family use should continue due to the dire need for affordable housing within the ~ownshig of Southold. The additional two retail stores use is permitted and only requires 30~000 square feet and the subject premises has a 1or area of 68,912 square feet. 2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate vicinity of this property and in this use district because the two famiIy non conforming use already exists and the proposed tm retatt stores use ts permitted under the B 1 District. 3. The Variance would obse~e the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the two family use ts non conforming and the permitted retailer w11I use his permit under the B ~ District and accordtngIy the character of the neighborhood would not change. In the past the property has been used as a two family residence plus a doctors office as we11 as a two family residence and a ceramic business and accordingly the proposed use as two retail store~wouId not change the character of the neighborhood. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) Signature 0isen, Esq. Sworn to this ......J.0..~g,h. .................................. day of ....... J.a~uacy. ................................... 1986 -- z Notary Public ~OUTHOLD S LOT TYPE OF BUILDING RES. o S S. _VL:ToTAL LAND AGE NEW FARM Tillable 1 Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot Total IMP. NORMAL BELOW Acre Value Per Acre ~ARM DATE / //,o o ~ BUILDING CONDITION COMM. CB. MISC. Mkt, Value REMARKS ABOVE Value FRONTAGE ON WATER FRONTAGE ON ROAD )EPTH 3ULKHEAD DOCK M, Bldg, Extension Extension Extension Porch Porch Breezeway Garage O.B. Tota~ _COLOR ~ TRI,M l-~-- Foundation Basement Ext. Walls Fire Place Type Roof Recreation Room Dormer ~ Driveway Bath ~ , Interior Finish ~/¢;¢~ Heat /¢/, ¢¢/, Rooms 1st Floor Rooms 2nd Flora Dinette K, LR. DR. BR. FIN. B. 1 / / / / / -~' '- :- -.--~, - " ~ : ' . ' ~ : . - ~ ~? '~ ' -~'1: · '1 -- . - --. 2-~ '-' , ~, ' ".-.~,-'" -': f Article II1, Section 100-31, Bulk NOTICE OF HEARINGS Schedule, for approval of: (1) ni- NOTICEISHEREBYG1VEN, su~cient lot ertl, (2) insuffi- pursuant to Section 267 of the cientlotwidth,(3)insufficientfot ~own Law and the Code of the eazm~ will i~ held I0, in thizpemli~t-offdivi~aof' the 80UT~O/.D ;'FOWI~ land iocni~l at.the ~rner~ of r sD y, o. 'c ty,r" Map No: 7'~30 P m Appeni No 3432 Re~' 8:20 p~0. Appeal No. 3474 *- cesaed H~,,~,~ in ~' ~-~' DAVID M. JOHNSON f~ a ?'~35 p.m. App~ No. 3457 - ' 31, Bulk Schedule, for permi~ RALPH AND * LUCILLI~. 8iontoamstructadditionwithan S~r~R for ~ to i~su~cientsi~eyardset~orkand ing Varia~ to the ~20~ let coverage. . Location of siva 1o~ coverage, and (2) Article XI, Section 100-119.2 for reduc- t/o~ in the required setl~ from Snug Harbor Road), Oreenport; Cleaves Po/nt, Section 3, Map Ho. 4~50, Lot 59; County Tax Map Pardi No. 1000-35-05-28. 7:40 p.m. Appeal No. PAUL FORESTIERI for Vari ances to the Zoning Ordinance Article III, Section 100-31, Bull Schedule for permission to locato new dwelling w/th insufficient front and rear yard setbacks. cation of Proper~f. East End of Sound View Avenue (South End of Fasbender Avenue), Peconic; Bailey Park Subdivision, Lots 1, 2, 3, 4, 5; County Tax Map Parcel ?:~ p.m. Appeal No. 34?0 ATH_a~qA$ ~ RUTH PltlROI~ for a Varim~¢~ ~o the Zoning Ordinance, Articl~ BI, ~ion 100-31, Bulk Seh~lule for I~rmi~ion to con~tru~ ~ddi- tion of 100:1: ~q. fi.. in which will exceed the maximum- t~rmitt~l the lot eover~* quit~ment of ~.0~. Lo~tion of Prol~q2j: l?l~i h~in ~ k/a ?~0 So~ond Street), New No. County Tax Map parcel No. 100-31, Bulk Schedule, for ap- 1000-63-3-26. . - proval of proposed lots havingin- 8:45 p.m. Appeal No. 3455 - sufficient area, width and/or KATHLEEN VARANO for a depthin this pending divisiou of Variance to the Zoning Ordi- land, located at the East Side of name, Article XH, Section 100- Queens Street, Greenport, NY; 121(DX1) for a clarifigation and/ County Tax Map Parcel No. or correction~of the interpreta- 1000-40-3-6. tion of the Building Inspector of ComiitioninA~x~ealNo. 3330re- 9:20 p.m. Appeal No. 34~6 - mlered by thal~l of Appeals GREGORY SIMOI~ilLL! for a Ma,/ 2, 1985 which allows nO Variance to the Zo~i~ Ordi- slec,~gorlivia~qmu-I~rsinthe nsnee, Article ~I, Sectloa 100- acc~sory ~age/apartmmit 31, Bulk Schedule, for aMmwal structure. L~ation of Pmpe~. of pro~d Iota having immffi- 6600 (or 6750) l~di~n Neck Road, cient area and wklth in thlz peri. Peconic, NY; C~mty Tax Map lng division of land, located at Parcel No. 1000.08&07.004. the E~st and South Sides of ,~ Grand Avenue, M~it~k, NY; 8~Sp.m. Appeal.No.~421-Re- County Tax Map Pardi No. ceased Hearing - JO~tEPH ~IRIOIq~A to be re: ~onvened. 9:25 p.m. Appeal No. 34'/5 Sour.hold, NY; County Tax 1~1%~ · ' ; _ f JOli~PH H. SAWICKI, JIL f~ Parcel No. 1000-87-5-13. ~.05 p.m. Ap~al No. 3451 - aVariance, forapl~ovalof~ 8:35 p.m. Appeal No. 3463 ~'~ BEDELL WINERY/VIN- pursuant to New Yvrk Town DMUND PRE~SLER for a } EYARD~ for. a ~ Excep- Law, Sec~on 280-a, over a pvi-: Vm to the Zonin~ Ordi~ / liontoth~Zoui~'OrdinsnCe, A~'- vate ri~ht-of-way locat~doffth~ .~,~, Art/cie VI~ Section 100- ] fide I~, ~ 100410{BX!4} South S/de of Old N~ Road, 71, Bulk Sthednie, and Arficl® / for pe~i~ion ~toblish win- Southold, NY; pr~nises pre- ~VII, Soot/on 100-70(AX1Xd), for~-~ ery use from ~grown e~ the~ senfly of ~er and/~mUfied Ipermis~/on to ut/li~ pr~ai~s ,.o~ \ pr~nises, l~ato& a~ 3622~ Main on the Suffolk County Tax Ms.ns. 6~,912sq. fi..inareaasaconllnu. \ Road, Cnicho~ue, HY; County as Distric~ 1000, fi~-tion 55, /n~ no~ro~mlnE two-family ~ Tax Map Pa-.~l No. 1000-85-02- Bloek 2, Lot 4. dwll~a~laddt~o.~.~ I ~0. office uses in this'B-1 ~ { 9:10 p.m..Appeal No. ~ - 9:30 p.m. Appeal No. ~ - Business ZoninE District. I.~a- ~ RICHARD AND ANITA W~- SAMUEL K.C. AND tion of ~ North Side of~J TONforaVar/am~totheZoni~E PLIla~I~)N KOPPER' for a Article III, Section 100-31, Bulk Schedule, for approval of prop- osed three lo~ having cient ~xea- and width keat~l along the we~t ~/de of N~k p.~,,l, Peconic, NY; County 'Pax Map Parcel No. 1000-86-4- Tha Boa.-d of Appeals will hear ~-~,~ tn em::h of the ahave mat- sion of the ~ in qu~tion. For mom information, please call 76~-1809 (alt. 1802). D~*~ Mor~h 4, 1986 BY ORDER OF BOARD OF A~AI~ GERARD P. GOEHRINGER, CHAHtMAN 1TM6-5179 STATE OF NEW YORK ) ) SS: iCOUNTY OF SUFFOLK ) Mary K. Degnan of Greenport, in said Count,/, being duly sworn, says that he/she ia Principal Clerk of THE SUFFOLK TIMES, e Weekly Newspaper, publiahed at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed la a printed copy, has been regularly published In said Newspaper once each week for weeks successively, commencing on the, day of P =_ _~ h 1 / PrI~pa, Clark ~' ,?~-' Ar4N I',1. ABATE Sw~orn to before~i~ e. this ~TA~'r PL;EL C State e r'"w York COUNTY OF SUFFOLK STATE OF NEW YORK SS: Patricia Wood, being duly sworn says that she is the Ed tor, 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 ........... .~'...~.'. ...... :'~ ....Z.. ~. ........ .C.~.~. ~: .~..~.....~. :~: Sworn to before me this ~ ..................... day of ............... ......... Notary Public BARBARA FORBES b/otary Public, State of New York No, 48068,J 6 Qualified.in Suffolk County Commission Expires z't'.~ .3 / 19 J'~ NOTICE-- ~onstruction of sec~Kd::~tg~--$¥~RY/VINEYARDS for NOTICE IS HEREBY GIV- EN, pursuant to S~ction 267 of the Town Law and the Code of the Town of Southold, the following public heatings'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, MARCH 13, 1986, and as follows: 7:35 p.m. Appeal No, 3432- Recessed Hearing in the Matter of JOHN AND JOYCE HOLZAPFEL. 7:35 p.m. Appeal No. 3457- RALPH AND LuCILLE STOCKER for permission to construct new dweUh~ requiring Variances to the Zoning Or- dinance: (1) Article III, Section 100-31, Bulk Schedule, for ex- cessive lot coverage, and (2) Ar- fide XI, Section 100-119.2 for reduction in the required set- back from bulkhead and tidal waters to less than 75 feet. Loca- tion of Property: 1080 Maple Lane (a/k/a) 55 Snug Harbor Road), Greenport, Cleaves Point, Section 3, Map No. 4650, Lot 59; County Tax Map Parcel No. 1000-35-05.28. 7:40 p.m. Appeal No. 3452- PAUL FORESTIERI for Variances to the Zonin~g Or- Jinance, Article III, Section ~00-31, Bulk Schedule, for per- nission to locate new dwelling *ith insufficient front and 'earyard setbacks. Location of aroperty: East End of Sound .liew Avenue (South End of :asbender Avenue), P~onic; ~ailey Park Subdivision, Lots t, ~-, 3, 4. 5, County Tax Map )arcel No. 1000-67-06-004. 7:45 p.m. Appeal No. 3470- . kTHANAS AND RUTH ~AMPHIROFF for a Variance o the Zoning Ordinance, Arti- :lc III, Section 100-31, Bulk ;chedule for permission to con- truct addition of 190.+ sq. ft. in trea which will exceed the naximum-permitted the lot overage requirement o_,f 20 per- deck additi,~ with an insuffi- cient fro~ setback. Loca- tion of Pr'/~rty: 1625 Sandu Beach Road (a/k/a 55 Bay' Road), Greenport, NY; County Tax Map Parcel No. 1000.43-04-45. 8:05 p.m. Apl~fl No. 3466- MICHAEL J. PERLMWITER, M.D. for a Variance to thc Zon- ing Ordinance, Article III, Sec., tion 100-30 (C)[ll(a) for permis-, sion to utilize premises and ad- dition for accessory home oc- ~upetion use {physidan's office) in excess of maximum-pe~nitted 30 percent fa'st floor area. Loca- tion of Property: 2035 Theresa Drive, Mattituck; D~p Home Creek Estates Filed Map 4256, Lot 39, County Tax Map Parcel No. 1000-115-16-15. 8:10 p.m. Appeal No. 3450- ROSALIE OOWEN for Variances to the Zoning Or- dinance. Article III Section 100-31, Bulk Schedule for ap- proval of: (1) insufficient lot area, (2) insufficient lot width, (3) insufficient lot depth, of two parcels as proposed in this pen- ding set-off division of land located at the corners of Zena Road, Capt, Kidd Drive and Central Drive, Mattituck, NY; Capt. Kidd's Estates Filed Map No. 1672, Lots 134, 153, 154; County ~ Map Parcel No. 1000-106-02-32 and 43. 8:20 p.m. Appeal No. 3474- DAVID M. JOHNSON for a Variance to the Zoning Or- dinance, Article III, Section 100-31, Bulk Schedule, for per- mission to construct addition with an insuffident sido/ard set- back and in excess of maximum- permitted 20 percent lot coverage. Location of Pwperty~ 385 Corey Creek Road, Southold, NY; County Tax Map Parcel No. 1000-87-5-13. _ /' 8:35 p.m. Appeal No. 3463- '~ /EDMUND PRESSLER for a { ~Variance to the Zoning Or-[ ~dinance, Article VII, Section ~ ~100-71, Bulk Schedule, and At- ~ }ricle VI1, Section ]100-70(A)[l](d), for permission J__to utilize premises of 68,912 sq. ~, ft. in area ns a continuing non-, torming two-family dwelling 1 add two retail sales/office · in this "B-I' General Bu- ~ss Zonina District. Location f Prop~'ty: North Side of Mai~ ,Gad, Southold, NY; County~ hx Map Parcel No.~ 000-63-3-26. 8:45 p.m. Appeal No. 3458- (ATHLEEN VARANO for a. Variance to the Zoning' Or, dinance, Article XII, Section. 100-121(D)[1] for a clarification and/or correction of the inter. prrtation of the Building Insl~:- tor of Condition in Appeal No, 3330 renden~l by the Board of · --~ May 2, 1985 which Special Exception to the Zoning Ordinance, Article lII,~on 100-30(B)[14] for permislJl~ to establish winery use from grapes grown on the premises, located at 36225 Main Road, Cut- chngue, NY; County Max Map Parcel No. 1000-85-02-10. 9:10 p.m. Appeal No. 3456- RICHARD AND ANITA WILTON for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of proposed lots having insufficient area, width and/or depth in this pending division of land, located at the East Side of Queens Street, Gr~nport, NY, County Tax Map Parcel No. 1000-40-3-6. 9:20 p.m. Appeal No. 3466- GREGORY SIMONELLI for a Variance to the Zoning Or- dinance. Article Ill, Section 100-31, Bulk Schedule. for ap- proval of proposed lots having insufficient area and width in this pending division of land, located at the East and South s/des of Grand Avenue, Mat- tituck, NY; County Tax Map , Parcel No. 1000-107-02-04. 9:25 p.m. Appeal No. 3475- JOSEPH H. SAWICKI, JR. for a Variance for approval of ac- cess pursuant to New York Town Law, Section 280-a, over a private right-of-way located off the South Side of Old North Road, Southold, NY; premises presently of Schaefer and galen- tiffed on the Suffolk County ~ Maps as District, 1000, Section 55, Block 2, Lot 4. 9:30 Appeal No. 3453- SAMUEL K.C. and ELIZA PLIMPTON KOPPER for a Variance to the Zoning Or- dinance. Article III, Section 100-31, Bulk Schedule, for ap- proval of proposed three lots having insufficient area and width located along the west side of Indian Neck Road, Peconic, NY; County ~ Map Parcel No. 1000-86.4-1.2, con- sisting of a total acreage of 5.00. The Board of Appeals will hear at said time and place all persons desiring to be heard in e. ach of the above matters. Writ- ten comments may also be sub- mitted prior to the conclusion of the hearing in question. For more information, please call 765-1809 (alt. 1802). Dated: March 4, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN IT-3/6/86(10) ~' is the :HMAN, County; ~d copy, ,tchman weeks r) day of APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN Rr~AD- STATE RrlAD 25 5nUTHOLD, L..I., N.Y. TELEPHONE (516) 765-1809 TO WHOM IT MAY CONCERN: Please find enclosed herewith copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, L.I. Traveler-Watchman, Inc. and Suffolk Weekly Times, Inc. indicating the time and date of your recent application with the Board of Appeals. Someone should appear in behalf of the applicant at the public hearing in the event there are questions from board members or persons in the audience. If you have any questions, please do not hesitate to call our secretary, Linda Kowalski, at 765-1809 (or if no answer, 765-1802). Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk Enclosure COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 May 12, 1986 Town of Southold Board of Appeals Applicant: Mun. File No.: S.C.P.D. File No.: Edmund Pressler 3463 SD-86-7 Gentlemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, 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: Inclusion of a fourth use for business purposes appears inappropriate as sufficient information has not been submitted to demonstrate compliance with applicable variance criteria. Very truly yours, Lee E. Koppelman Director of Planning by. Gerald G. Newman Chief Planner 11788 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southoid Town Board of Appeals MAIN ROAD- STATE RDAD 25 SOUTHDLD, L.h, N.Y. ]]9'7] TELEPHONE (516) 765-1809 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: XX Variance from the Zoning Code, Article VII , Sectionl00-70(A) (1) (d) ~Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section __ Special Permit Appeal No.: 3463 Applicant:EDMUND PRESSLER Location of Affected Land:North side of Main Rd., Southold, N.Y. County Tax Map Item No.: 1000-63-3-26 Within 500 feet of: __ Town or Village Boundary Line __ Body of Water (Bay, Sound or Estuary) XX State or County Road, Parkway, Highway, Thruway __ Boundary of Existing or Proposed County, State or Federally- Owned Land --Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area __ Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant __ Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to utilize premises of 68, 192 sq. ft. in area as a continuing nonconforming two-family dwelling and add two retail sales/office uses in this "B-i" General Business Zoninq Dictrict. Copies of Town file and related documents enclosed herewith for your review. Dated: May 8, ]~6 ---. ~. Secre%ary, Boar~of Appeals Southold Town Board of Appeals MAIN ROAD- $'TATE ROAD 25 SOUTHDLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI May 6, 1986 Gary Flanner Olsen, Main Road, Box 706 Cutchogue, NY 11935 Esq. Re: Appeal No. 3463 - Edmund Pressler (Variance) Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may Re applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or~ that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to Building Department Planning Board' Suffolk County Planning GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary Commission JUDITIt T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 7, 1986 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted h0rewith is Zoning Appeal No. 3463 application of Edmund Pressler for a variance. Also included is Notice to Adjacent Property Owners; copy of resolution granting waiver request; COs by Building Department; Short Environmental Assess- ment Form; letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice o£ Disapproval from the Buildi~r~g*' Department; plans and survey. . · .... , ' Judith T. Terry Southold Town Clerk 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 RnAD- BTATE RnAD 25 SOUTH;3LD, L.I., N.Y. TELEPHONE (516) 765-1809 January 27, 1986 Gary Flanner Olsen, Main Road, Box 706 Cutcho§ue, NY 11935 Esq. Re: Moratorium Relief of October 8, 1985 Edmund and Joan Pressler Location of Property: Main Road, Southold, NY Dear Gary: Please find enclosed response received from the Town Clerk which is self-explanatory. It is our understanding that the resolution as worded does not permit our office to accept a variance for any other consideration at this time. Yours very truly, Enclosure GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski I[IDITtl T TERRY TOWN ('[IRK REGISTRAR OF ¥II^L STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 January 22, 1986 Southold Town Board of Appeals SouthOld Town Hall Southold, New York 11971 Gentlemen: In response to your memorandum of January 13, 1986 with respect to the Moratorium Relief Waiver of Edmund and Joan Pressler, the Board reviewed the file, minutes and resolution. It was the intention of the Board to permit an apartment on the second floor, and the first floor of the premises for an antique shop. Very truly yours, Judith T. Terry Southold Town Clerk APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRtGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO: FROM: DATE: SUBJECT: Southold Town Board of Appeals MAIN ROAD' STATE ~= ROAD 25 SDUTHOLD. L.I,, N,Y. 'l'l=J?l TELEPHONE (516) 765-1809 Southold Town Clerk's Office Board of Appeals January 13, 1986 Moratorium Relief Waiver - Edmund and Joan Pressler In reviewing the provisions of Local Law #14-1985, "finds the applicants propose to premises for an antique shop and apartment purposes." resolution granted on October 8, 1985 under it is noted that the Board use the first floor of the second floor therefor for the On January 2, 1986, the building inspector issued a Notice of Disapproval requiring an application to the Board of Appeals for the establishment of the retail store. Gary Flanner Olsen, Esq. wishes to file an application with our office for a variance for a retail store in conjunction with two apartments on the second floor upon this premises located in the B-1 Zoning District. May we have a clarification as to whether the variance applica- tion submitted by Mr. Olsen for the continuance of two apartments on the second floor and establishment of a retail store is in conformance with the waiver granted on October 8, 1985, thereby authorizing us to accept the variance application as submitted for filing. lk 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 JOSEPH H. SAWlCKI S.E.Q.R.A. March 13, 1986 NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3463 [~ROJECT NAME: EDMUND PRESSLER 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 IX] Unlisted [ ] DESCRIPTION OF ACTION: Variance to utilize premises of 68,9]2 sq. ft. in area as a continuing nonconforming tw0-fami]y dwelling and add two retail sales/office uses in this "B-I" General Business Zone. LOCATION OF PROJECT: Town of Southold, County of S~ffolk, more particularly known as: North Side of Main Road, S0uth0]d; ]000-63-3-26. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been [;ubmitted which indicates that no significanb adverse effects to Lhe environment are likely to occur shou]d this project be imple- mented as planned; %) The relief requested is not directly related to new construc- tion t rather uses of existing structure. (3) The premises is not located within 300 feet'of tidal wetlands. FOR FURTIIER INFORMATION, PLEASE CONTACT: Linda Kowalski, 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 ~3n the Town Clerk Bulletin Board. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11c~'71 TELEPHONE (516) 765q809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI February 21~ ]986 Gary Flanner Olsen, Main Road, Box 706 Cutchogue, NY 11935 Esq. Re: Appeal No. 3463 Edmund Pressler (Variance) Dear Gary: This letter will confirm that the Board of Appeals, at a Special Meeting held February 14, 1986, authorized the placement of this matter on the March 13, 1986 calendar for a public hearing provided that comments are received from the Planning Board concerning adequate parking for these four uses. It is our understanding that a response would be referred to us prior to our advertising deadline. Yours very truly, L1 n~a Kowal~s~'~' Secretary Southold Town Board of Appeals . APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAW[CKI February 10, 1986 Mr. Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall Southold, NY 11971 Re: Appeal No. 3463 - Application Filed Edmund Pressler (Variance) February 6, 1986 Dear Ben: At our Regular Meeting held Thursday, February 6, 1986, the Board of Appeals reviewed the application of Mr. Edmund Pressler for a variance to utilize the premises in question, known as 56025 Main Road, Southold, New York, as a continuing nonconforming two-family dwelling and newly established antique shop and additional retail store (or contractor's office). We would like to rece'ive your input on the off-street parking and egress~ingress areas anticipated for these four uses. The. public hearing on the variance application is proposed for our March 13, 1986 calendar. May we receive your comments by our advertising deadline, February 27th? Thank you for your assi~stance. Yours very t~uly.~ . _ GERARD P. GOEH~INGER d? CHAIRMAN TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, ~Y,~ ...Edmund..Rr. essler. ................................. of .....(ng../Ll..c:.m.ve..D.~....SaztJz~L~,..Jl..¥. ........... Name of Appellant Street and Number .................... ~H.t,h~J,~J .............................................................. N...~ ................. HEREBY APPEAL TO Municipality 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 ( ) ( ) Name of Applicant for permit of ...... .(.n..o... ~)... §.?.o..v..e....D...r... ................ .~..o..u..~.h...oJ..~., ........................... .N..~. ........................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY (X) VARIANCE 1. LOCATION OF THE PROPERTY .56Q25..B~.Jm.gd ..... 5~u~h~d,..~K ............ ~:1 ......................... Street Use District on Zoning Map Dis%~i~%..l~gg..Se£ZigD..63..B.lg£%..3..Lg~.2_6.....Current Owner Albert W. Aihert~nn & Map No. Lot No. Donald B. Ka~z 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 VII Section lO0-7l Bulk Sch~_dul~ 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit (X) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance ( ) isrequested for the reason that applicant seeks to utttize subject premises as a continuing non conforming two family dwelling and two retail stores. Premises are shown on surveyQf Roderick Van Tuyl, dated August 31, 198l. Form ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because applicant is presently in contract to purchase the subject premises subject to the qranting of a variance to utilize the property as a two family dwelling and t~oret~ii stores. The present use of a non conforming two family dwelling and a doctoFs office was approved under building permit #509-Z issued on January 2, 1972 to which certificate of occupancy # Z4897 was £ssued on November 7, 1972. The premises is now a non conforming use since the dwell- ing units were excluded from the B 1 general business district under local law 5-96. It is respectively submitted that the non conforming two family use should continue due to the dire need for affordable housing within the Township of Southold. The additional two retai! stores useJs permitted and only requires 30,000 square feet and the subject premises has a lot area of 68,912 square feet. 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 the two family non conforming use already exists and the proposed t~oretail stores use is permitted under the B 1 District. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the two family use is non conforming and the permitted retailer will use his permit under the B 1 District and accordingly the character of the neighborhood would not change. In the past the property has been used as a two family residence plus a doctors office as well as a two family residence and a ceramic business and accordingly the proposed use as two retail stores would not change the character of the neighborhood. STATE OF NEW YORK ) SS COUNTY OF SUFFOLK ) Garx~'FlanRer 01sen, Esq. Sworn to this ..... .l.0...t.h. ......................... ; ........ day of ....... Jla. i~ualty .................................. 19(36 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals ofthe Town of Southold TO: Long Island Railroad - M T A Mr. and Mrs. Lester Albertson Mr. and Mrs. Irwin Thompson NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) Variance to construct two retail stores and two family residentia! use. ). 2. That the property which is the subiect of the Petition is located adiacent to your proper~y and is des- cribed as follows: North Dy Lonq Island R~lroaci. East bY Mr. and Mrs. Lestef~ Albertson. South by Main Road and West b_v Mr. and Mrs. Irwin Thompson. 3. That the property which is the subject of such Petition is located in the following zoning district: B ! 4. That by such Petition, the undersigned will request the following relief: TO uti ! ize the oremises as a non-conforming tw~ family re~id~n~.i~! ~nd ~wn r~t~il ~n~ 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Ar~cle VII Section. 100-71 Bulk Schedule [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-wcly. 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 fi.~.'a'~prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck W~'~hm~n, ~ewspapers pub, lished in the Town of Southold and designated for the publication of such notices; th~ you or)/our representative have the right to appear and be heard at such hearing. GARY FLA.,/,.~ ~, ~z RI~II:I,'F'UL:),~fl,~-bL~.,, Attorney ror Dated: February' 6, 1986 . '"'~///Z~~ Petitioner /,'Edmund Pressler Owners'Names: Albert W. Albertson & Donald Post Office Address B. Ka--t-f P. O. Box 706, Main Road Cutchoeue, N.Y. 11935 PROOF OF MAILING OF NOTI('F ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Long Island Railroad - M T A R 115 Jamaica Station, Sutphin Blvd. & Archer Ave. Jamaica, New York 11431 Mr. & Mrs. Lester Albertson Main Road, Southold, NY 1197! Mr. & Mrs. Irwin Thompson 82 Topping Drive, Riverhead, New York ]1901 PS Form 3800, Feb. 1942 ~ * U.S.G.P.O. 1983-403-517 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS. ~ Lorraine Mauro , residing at 2140 Delmar Dr. Mattituck, N,Y, 11952 , being duly sworn, deposes and says that on the 6th day of February ,19 86 , 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- ficeat Cutchogue. N.Y. (certified) (registered) mail. Sworn to before me this 6th d~¥ of February ,1986 Notary Public ; that said Notices were mailed to each of said persons by (This side does not have to be completed on form transmitted to adjoining property owners.} JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD Town ttall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 October 10, 1985 Gary Flanner Olsen, Esq. P. O. Box 706, Main Road Cutchogue, New York 11935 Dear Gary: Enclosed herewith is a certified resolution of the Southold Town Board granting Edmund and Joan Pressler a waiver of the provisions of Local Law No. 14 - 1985. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure cc: E. & J. Pressler Southold Town Planning Board JUDITIt T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD Town Halt, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT~A REGULAR MEETING HELD ON OCTOBER 8, 1985: WHEREAS, Gary Flanner Olsen, on behalf of Edmund and Joan Pressler, has requested that this Board waive the provisions of Local Law No. 14 - 1985 with respect to their application presently pending before the Southold Town Planning Board for site plan approval, and WHEREAS, Edmund Pressler appeared before this Board and explained the nature of the uses for which he proposes to use the premises in question, and WHEREAS, this Board funds that the applicants propose to use the first floor of the premises for an antique shop and second floor thereof for apartment purposes, and WHEREAS, this Board deems such use consistent with the uses in a Hamlet Business District as proposed by Raymond, Parish, Pine, & Weiner, Inc.'s Master Plan Update Zoning Code revisions, NOW, THEREFORE, BE IT RESOLVED that the applicants be and they hereby are granted a waiver of the provisions of Local Law No. 14 - 1985 to the extend of permitting such uses on said premises as set forth in their application presently pending before the Southold Town Planning Board for site plan approval, subject, however, to the applicants obtaining any and all permits and approvals required by all Town and other governmental agencies having jurisdiction thereof. Judith T. Terry Southold Town CleFk JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT~A REGULAR MEETING HELD ON OCTOBER 8, 1985: WHEREAS, Gary Flanner Olsen, on behalf of Edmund and Joan Pressler, has requested that this Board waive the provisions of Local Law No. 14 - 1985 with respect to their application presently pending before the Southold Town Planning Board for site plan approval, and WHEREAS, Edmund Pressler appeared before this Board and explained the nature of the uses for which he proposes to use the premises in question, and WHEREAS, this Board funds that the applicants propose to use the first floor of the premises for an antique shop and second floor thereof for apartment purposes, and WHEREAS, this Board deems such use consistent with the uses in a Hamlet Business District as proposed by Raymond, Parish, Pine, & Weiner, Inc.'s Master Plan Update Zoning Code revisions, NOW, THEREFORE, BE IT RESOLVED that the applicants be and they hereby are granted a waiver of the provisions of Local Law No. 74 - 1985 to the extend of permitting such uses on said premises as set forth in their application presently pending before the Southold Town Planning Board for site plan approval, subject, however, to the applicants obtaining any and all permits and approvals required by all Town and other governmental agencies having jurisdiction thereof. Judith T. Terry Southold Town Clerk Pa~je 3- Town Board the surrounding area as far as business is concerned. Mr. Cornell stated there are old sheds and an office trailer on the premises which will be removed when the new building is constructed.--In reviewing the proposed updated zoning ordinance, it was determined that an electrical business would not be allowed in a Limited Business District, since there will be warehouse storage areas in the building.---The Board will seek more information from the Planning Board, Board of Appeals and Building Depart- ment before making a decision. Edmund Pressler: Mr. Pressler explained that he had been scheduled to appear before the Planning Board for site plan approval on October 7th, for a parking plan for existing retail store and apartments at Main Road, $outhold. The present zoning is "B" Light Business and the proposed new zoning is to be Hamlet Business. He plans to relocate his present antique business two doors away to this new site, which Is opposite Cottage Place. Antiq~ue businesses are provided for in Hamlet Business and the Board is agreeable to grant this waiver - see resolution No. 25, Edmund and Joan Pressler. Frank and Diane Ammirati: Mr. and Mrs. Ammirati explained that they had just purchased a house on Love Lane, Mattituck, which is presently zoned "C-1" General Industrial, and is proposed to be Light Industrial. They presently have applications before the Planning Board for site approval and the Board of Appeals for a special exception, because it ~s a three-family house. They are living upstairs and would like to change the downstairs into a country store retail gourmet food store, catering business. After further discussion the Board agreed to a waiver - see resolution No. 29. Joseph Stocken: Mr. John deReeder appeared on behalf of Joseph Stocken who is involved in a transfer of premises and will need at least site plan approval from the Planning Board. The property is in Mattituck, on the south side of Route 25, presently being used as a furniture/bicycle store, opposite Wickham Avenue. There will be a different retail use which will require renovations to the building. The property is presently zoned "B-I" General Business and the new proposed zoning will be Hamlet Business. Whereas the proposed use will continue to be retail, the Board agreed to a waiver - see resolution No. 30. Walter and Marilyn Gatz; No one appeared. Proposed retail and professional offices at County Route 48 and Sound Avenue, Mattituck. Presently zoned "B" Light Business, proposed new zoning to be Limited Business. Certification has ,been received from the Building Department and they are pending Planning Board approval. Retail stores is not permitted in the proposed zoning. The Board will seek more information from the Planning Board, Board of Appeals and Building Department before making a decision. Sterling] Idea Ventures: No one appeared. Proposed professional offices at Main Road, Mattituck. Present zoning "B-I" General Business, proposed new zoning Limited Business. Pending before the Planning Board and Building Department. The Board agreed to a waiver - see resolution No. 26. 12:19 P.M. - Mr. James Bitses appeared before the Board requesting them to adopt a resolution establishing a Southol~l Electric Authority to give people talking to the Governor's Office some legal authority.--The Board will consider this after meeting with Wallace Duncan on October 15th. 12:15 P.M. - Assessor_Chairman Charles C. Watts appeared before the Board request- ing the employment of Janet Gilbert as a part-time Clerk Typist in the Assessor's Office. (See resolUtion No; 21.) 12:19 P.M. - Recess for lunch. · Pa~e 25- Town Board 10#O5 enhance the value of the Town and it's a necessity. I'm sorry that it's gotten off on a tangent and there's been such a delay. I think that the longer it goes on the longer these things fester and I would like to see a decision made before election time. I think that if it's possible it should be done. Thank you. SUPERVISOR MURPHY: Thank you, Alvah. Is there anyone else would like to address the Town Board? (No response.) If not I would like to entertain a motion to recess to finish the audit of the bills and to write up the final resolutions. Thank you for your patience. Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was RESOLVED that this Town Board meeting be and hereby is recessed at 8:55 P.M. Vote of the Town Board: Ayes: Councilwoman Cochran, C~uncilman Schondebare, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. 8:58 P.M. - The Board audited the remaining outstanding vouchers. 9:10 P.M. - The Board reviewed and formulated resolutions for the following waiver applications under Local Law No. 14 - 1985: Edmund and Joan Pressler (reso ~]'~-~-~- No. 25), Garrett A. Strang, on behalf of Sterling Idea Venters (resolution No. 26), James F. Homan (resolution No. 27), Richard Fo Walsh, Vice President of W.B.W. Corp. (resolution No. 28), Frank and Diane C. Ammirati (resolution No. 29), John F. deReeder, on behalf of Joseph Stocken (resolution No. 30), Michael and Joy Domino (resolution No. 31). 9:40 P.M. - Regular Meeting reopened. Moved by Councilwoman Cochran, seconded by Councilman Townsend, it was RI=SOLVED that the following audited bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $39,606.01; General Fund Part Town bills in the amount of $21,950.96; Highway Department bills in the amount of $46,016.69; Fishers Island Ferry District bills in the amount of $6,652.25; Federal Revenue Sharing bills in the amount of $731.75; Southold Wastewater Treatment Plant bills in the amount of $139,630.05. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. 25. Moved by Councilwoman Cochran, seconded by Councilman Schondebare, WHEREAS, Gary Flanner Olsen, on behalf of Edmund and Joan Pressler, has requested that this Board waive the provisions of Local Law No. 14 - 1985 with respect to their application presently pending before the Southold Town Planning Board for site plan approval, and WHEREAS, Edmund Pressler appeared before this Board and explained the nature of the uses for which he proposes to use the premises in question, and WHEREAS, this Board funds that the applicants propose to use the first floor of the premises for an antique shop and secbnd floor thereof for apartment purposes, and WHEREAS, this Board deems such use consistent with the uses in a Hamlet Business District as proposed by Raymond, Parish, Pine, & Weiner, Inc.'s Master Plan Update Zoninc~ Code revisions, . FORM NO. 4 TOWN o1,' ,':,O1TTII()I,I) lJllll,I)l~(; I)l.~l'/~ I,IT~II,~T 'l'm~ n Ch'tlC, (Ifil,'4' Sm~lln,l,I. N. Y. Certificate Of Occupancy THIS CERTIFIES that the building located at N/8. Ma~.n. Road ......... Street Map No...X~ ....... Block No...Y,-x ..... Lot No. X:Xx ..Sou, thold...N,¥., .......... conforms substantially to the Application for Building Permit heretofore filed tn this office dated .......... Jan ~..., 19.72. pursuant to which Building Permit No.. ~6.90Z. ..d~ted .......... ~an...~ ..... , 19.72., was issued, and conforms to all of the require- meats of the applicable provisions of the law. The occupancy for which this certificate Is issued is . .Prl~.a~;e..two. f.am$1y..dvelllng ~. with. ~octo~.s. off. ice ............ The certificate is issued to . 14m,. I{,. Donlan. MD ..... Owner .......................... (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval . ~;i~ r .............................. UNDERWRITF. RS CERTIFI('ATF No .... pending . Buildin~ Inspector -- TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No..Z~..1.t.. ..... Date ............ !~e~...9 ........ , 19. THIS CERTIFIES that the building located at . }I/19...P, al~ .Soa~ ......... Street Map No.. ~ ....... Block No.~ ...... Lot No . .~ .... $9~9~..$..X~ ....... conforms substantially to the Application for Building Permit heretofore fil~ in this office dated .................. A~, ~.. 7~ pursuant to which Building Pe~it No. dat~ .......... ~...~ ...... , 19.7~, was, issued, ~d conforms to ~1 of the req~ ments of the applicable provisions of the law. The occup~cy for which ~is certificate ~sued ~ Private s~ poo~ v~th fence ~ aceesso~s The certificate ~ issued to Dr W~11~ Do~:lan (owner, lessee or ten~t) of the aforesaid building. Suffolk County Department of Health Approval .N ,~. ........................... UNDERWRITERS CERTIFICATE No. ~ 83626 HOUSE NUMBER ... ~602~ Street ~in Road 8outho~d Building Inspector view will be ihe ~i.¥.b. LnvlroR:n~,ll~.ul (/UJI ILy H~VIC'W mission of thi ,~rm, and an environmenta made by this d before any action is .S. HORT ~NVII!O~.;ENTAI, AFSF.GS~'ENT INSTg!~TZC~.S; (a) In order to answer the questions in this short EAF is is assl:med that th9 preFarer will use currently available Info~tlcn concer-ntng the project and ]Ikely im~cts of the acc!on, It is not e~ect~d that additional Dtudlo~ or other lnvestlgation~ w~i be ~dortaken. ~b) ~f any Que~c~on ha~ be~n answered Ye9 the proJec~ m~y be ~i~l/lcan% and a ccmp!eted Environmental Assessment Fo~ i~ necu~;sar/. (c) If all qums%lon~ have been an~wermd No i% 1~ lik,ly ibm% thi~ project 1. Will project re~% tn a large physical to the project ~ito or physically alt~r moro %b~an 10 acres of land? , , , ...... Ye~ ~ · 2. Will there be a ~Jor change to any ~que or unusual land fo~ found on the site? , -- Ye~ . ~ 3. W~i project alter or ~ve a larg, effect on an existing body of wa%er? . , , ' · .. Yom . .X &. W~l proJcc% h~ve a poton%lally large L~ on ~o.~dwater quality? ' ' ' ' ' ' · Yes X 5, W~! proJec% si~lflcantly effect drainage ~ 6. Will project affec~ any t~ea%ened or endangered plan% or anLr~l ~pecics? .... , , , ... Yes X 7, W~l project rem~t In a major advorm, effect on air quality? ' · ' , · · · · · Yes X 8, W~i proJec= have a major effect on visu,1 9. Will project adversely ~pac% any mite or ute of historic, pre-historic, or pal6ontologlcul importance or any sito desl~a~od a~ a critical envlro~en~l area by a local agency? · · · .. Yes X 10. W~l project have a mm Jot effec~ on exist~g or future recreational opport~qitios? · · · .... Ye~ . ~ No 11. Will project result in mm Jot traffic problem~ or cause a major effect to exls%lnE transports%ion systema? , · · · · · , · · , · , Ye~ X No 12. %{111 project reg~arl7 cause objectionable anco a~ a r~s~t of the project':; operation? . Ye~ X No ill projec~ have any impact on public heal%h or 1L, Will project Affect ~he existing co.unity by d!reccly causinC a ~rowth in Fermanent pop%~a- ticn of mor~ than ~ over a ~n~y~ar ' ~or ne~mtlve effect On the '[~1 cc~cer'nzng the projectO Y~ X No ~ress!er DX?~: 1/10/86 period c__r have IS there PubT ~: r~--s:..-,.,-. GaCrf January 10, 1986 (Today's Date) To: Southo!d Town Board of Appeals blain Road Southold, NY 11971 Appeal Application of Location of Property: Edmund Presster 56025 Main Rd., Southold, NY 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 Environ:nental Conservation Law, please be advised that the subject property i.n the within appeal application: (please check Crae bo:<) [ ] bl,v/ be located within 300 feet of tidal wetland..3; however, constructed along the water-lying edge of this property is a bulkhead in very good ondl~lon and at le~.~st 100 feet in length. ~ [ ] Msv b'e '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 we~!ands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. May be located within 300 feet of tid~i wetlands; and there is no bulkhead or concrete wall existing 'on the premises. ° [ X ] Is not located within 300 feet of tidal wetlands to the best of my knowledge * ' [Starred items (*) [ndicate-~our ~- .... ~ lUj n ~'e please) NOTE: If proposed project falls wit~n D.E.C. jurisdiction, approval must be received an~] submittdd to our office before your application can be scheduled for a public hearing. 777.~ '4 NO?ESL 1. Al! Plat lnfo~mation from a survey by R. Vaatuyl (Dated August 31, 198l}. 2. ~ui[ding shall be used as retail stores with apartments above (existing). 3. ~lectrtc power is by LILCO. 4. Wator Supply is via Gree~port Water Co~pany.. 5. Sanitary Waste Disposal shall be the e::~sting system. 6. Paving shall be crushed stono over 6 inches of sandy loam for pervious areas and 1 1/2 of hot asphalt over 2' of stone blend for hard surfaces. Paved areas shall be graded as shown on the drawing. 8. E~:cept for blacktopped aroas, drainago sha~l be via natural perculation. 9. Plantings shall be as shown. RECEIVED BY '1' I I add:hon to fh's document is ~ violation of seruon 7209 ot