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Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHO/D, L.l., N.Y. llCJ?l ACTION OF THE ZONING BOARD OF APPEALS 9, 1986 (Public TELEPHONE (516) 765-1809 Appeal No. 349l Application Dated April TO: Mr. Donald J. Grim 475 Jernick Lane S0uth0]d, NY ]197] Hearing May 22, 1986) [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on June 25, ]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 [X] Request for Special Exception under the Zoning Ordinance Article IX , Section 100-90(A) [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for Application of DONALD J. GRIM for a Special Exception to the Zoning Ordinance, Article IX, Section 100-90 for permission to construct storage building and establish outside stockpiling of material uses in this "C-I" Heavy Industrial Zoning District. Location of Property: Lot No. 2, (Pending) Minor Subdivision No. 450 of L.B. Glover, south side of Oregon Road, Cutchogue; County Tax Map District lO00, Section 83, Block 3, Part of Lot 4.4, containing 4.59 acres. WHEREAS, a public hearing was held and concluded on May 22, 1986 in the Matter of the Application of DONALD J. GRIM under Application No. 3491; 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, at said hearing all those who desired to be heard were heard, and their testimony was recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board made the following findings of fact: 1. By this application, appellant requests a Special Excep- tion to the Zoning Ordinance, Article IX, Section 100-90 for permission to construct 40' by 60' garage/storage building and establish outside stockpiling of materials as shown on site plan dated March 10, 1986 prepared by Sealand Surveying. 2. The premises in question is located in the "C-l" Heavy Industrial Zoning District, contains an area of 4.5913 acres (or 199,997 sq. ft.) with frontage along the south side of Oregon Road of 362.05 feet and is identified on the Suffolk County Tax Maps as District 1000, Section 083, Block 03, part of 4.4. The subject parcel is referred to as Lot #4 of Pending Minor Subdivi- sion No. 450 of L.B. Glover before the Southold Town Plannin9 Board. (CONTINUED ON PAGE TWO) DATED: June 25, 1986. Form ZB4 (rev. 12/81) CHAIRFL~N, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 Appeal No. 3491 Matter of DONALD J. GRIM Decision Rendered June 25, 1 986 3. The proposed garage and storage building is shown on the March 10, 1986 site p~an to be set back 150 feet at its closest corner from the front property line and set back 50 feet from the westerly (side) property line. The area for stockpiling of materials (such as gravel, sand, etc.} is to be located 100 feet from the rear property line, and 50 feet from both side property lines. In considering this application, the board finds and determines that: (a) the use requested will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (b) the use will not adversely affect the safety, welfare, comfort, convenience or order of the town; (c) the use is in harmony with and will promote the general purposes and intent of zoning. The board has also considered subsections [a] through [1] of Article XII, Section 100-121(C)[2] of the Zoning Code. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, that a Special Exception for permission to construct 40' by 60' garage/storage building and establish stockpiling of materials, all as shown by Site Plan prepared by Sealand Surveying dated March 10, 1986, in the Matter of the Application of DONALD J. GRIM, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITION: That the area to be used for stockpiling be screened with stockade fencing of between 4 and 6 feet in height, or evergreens having a minimum height of four feet, along the road (north} and westerly sides. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen was absent.) This resolu- tion was duly adopted. lk GERARD P. July 10, GO~EHR I N/gER, CHAIRMAN 1 986 ECEIYED AN T}iE sOUTtlOLD TO~I~ CLE/LK 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 at 7:30 p.m. on THURSDAY, MAY 22, 1986 and as follows: 7:35 p.m. Appeal No. 3399 - JOSEPH AND ANN PACELLI. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area~ depth and width of three parcels referred to as Lots #1, 9 and 10, Map of Bayside Terrace, Southold, NY~ Lot #1 located along the south side of North Bayview Road, and Lots #9 and #10 located along the east side of Summer Lane; County Tax Map District 1000, Section ?8, Block 9~ Lots 1 and 16. 7:40 p.m. Appeal No. 3492 - JO¥CE TESE. Variance to the Zoning Ordinance, Article III~ Section 100-32C, for permission to loca~e accessory three-car garage in frontyard area, at 800 Jackson Street, New Suffolk, NY; County Tax Map District 1000, Section 117, Block 10, Lot 5. 7:45 p.m. Appeal ~o. 3498 - GREENPORT N.Y. CONGREGATION OF JEHOVAH WITNESSES. Special Exception to the Zoning Ordinance, Article III, Section 100-30(B)[2] for permission to constr~ct addition and establish same for religious, library use, at 1345 Indian Neck Lane (a/k/a 50 Spring Lane), Peconic, NY; County Tax Map District 1000, Section 86, Block §, Lot 1. 7:50 p.m. Appeal No. 3504 - GREENPORT HOUSING ALLIANCE. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to locate new single-family dwelling with insufficient total sideyards and insufficient northerly sideyard at 1300 Seventh Street, Greenpo~ ~ NY~ Map of Greenport Driving Park, Lot #369; County Tax Map District lO00,~'Section 48, Block 3, Lot 16. 7:55 p.m. Appeal ~o. 3500 - NORMAN REICH. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for permission to construct deck addition with insufficient rearyard setback at 655 Cedar Drive, East Marion, NY; County Tax Map Distr~ct 1000, Section 22, Block 2, Lot 41. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of May 22, 1986 8:00 p.m. ~ppeal No. 3482 PHILIP AND ELLEN BELLOMO. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission so locate accessory garage/storage building in frontyard area at 7455 Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 59, Block 6, Lot 8. 8:05 p.m. Appeal No. 3065 JOHN M. KERBS. Variance to the Zoning Ordinance, Article III~ Section lO0-31, Bulk Schedule, for approval of insufficient area of three parcels in this proposed four-lot minor subdivision located along the south side of Middle Road (C.R, 48), Southold, NY; County Tax Map Distric~ 1000, Section 55, Block 3, Lot 3. 8:15 p.m. Appeal No. 3418 GRETCHEN HEIGL (Recessed from April 3~ 1986). 8:20 p.m. Appeal No. 3493 WELLS PONTIAC-CADILLAC. Variances to the Zoning Ordinance, Article VI: (a) Section 100-60(C)[2](a) for permission to erect ground sign exceeding maximum 6'6" height requirement, and exceeding height requirement of 15'6" from ground to upper edge of sign~ and (b) Section 100-60(C)~2](b)[4] for permission to place wall sign with projection of more than one foot, at 42155 Main Road (a/k/a 20 Peconic Lane), Peconic, NY~ County Tax Map District 1000, Section 75, Block 1, Lot 14. ]8:25 p.m. Appeal No. 3491 - DONALD J. GRIM. Specia'l Exception~ f the Zoning Ordinance, Article !X, Section 100-90 for permission ~ construct storage building and establish outside stockpiling of/ aterial uses in this "C-l" Heavy Industrial Zoning District. cation of Property: Lot #2, (Pending) Minor Subdivision~#450 of .B. Glover, south side of Oregon Road, Cutchogue; County Tax Map istrict 1000, Section 83, Block 3, Part of Lot 4.4, containing .59 acres. 8:30 p.m. Appeal No.~3477 KATHERINE AND WILLIAM HEINS. Variance to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule for approval of insufficient area, width and depth of'two parcels in this proposed division located along the north side of Main Road, Orient, NY; County Tax Map Parcels No. 1000-19-2-5 and 6. 8:45 p.m. Appeal No. 3501 - NORTH FORK WELDING/SCHOENSTEIN. Variances to the Zoning Ordinance, Articles: (a) XI, Section Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of May 22, 1986 lO0-119.2(B) for permission to locate new building within the required 75' setback from wetlands area, (b) Viz Section 100-60 for permission to expand nonconforming use of welding business in this "B-Light" Business Zoning District located along the south side of Main Road, (S.R. 25), Greenport, NY; County Tax Map Parcels No. 1000-53-2-12, 13 and 15; Lots q72, 173, 174, Peconic Bay Estates Map #658, and Map #1124 as Amended. 8:50 p.m. Appeal No. 347t from May l, 1986). NICHOLAS TSIRKAS (Recessed 8:55 pl.m. Appeal No. 3497 MARJORIE D. PETRAS. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition in excess of maximum-permitted 20% lot coverage requirement, at 700 Koke Drive, Southold, NY; County Tax Map Parcel No. 1000-87-5-006. 9:05 p.m. Appeal No. 3507 NICK THEOPHILOS. Variance to the Zoning Ordinance, Article XI, Section 100-119.2(A) for permission to locate swimmingpool with deck and fence enclosure within lO0' of bluff area along Long Island Sound, at 2200 Sound Drive, Greenport, NY~ Lot #118, Map of Eastern Shores, Section 4; County Tax Map P~rcel No. 1000-33-1-16. 9:10 p.m. Appeal No. 3458 NORTH ROAD ASSOCIATES. Variance to the Zoning Ordinance, Article III, Section 100-31 Eor Article XIII, Section 100-136(E)] for ~pproYal of three parcels having insufficient area, and proposed Parcel #3 having insufficient depth, located o~ private right-of-way off the north side of Main Road (S.R. 25), Orients NY; County Tax Map Parcel No. 1000- 018-4-1 (1.1). The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above hearings. Written comments may also be submitted prior to the conclusion of the hearing in question~ For more information, please call 765-1809 (alt. 1802). Dated: April 16, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN ATTENTION NEWSPAPERS: Please publish Thursday, MaS 15, 1986 and forward two affidavits of publication on or before May 19th to: Board of Appeals, Main Road, Southold, NY 1t971. lk NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code o~ the Town of Southold, the following ~ublic hearings will be held in addition to those previously advertised by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Halls Main Road, Southold, NY at a Regular Meeting on THURSDAY~ MAY 22, 1986: - 8:10 p.m. Appeal No. 3506 - ARMANDO O. CAPPA/PORT OF EGYPT ENTERPRISES. Variance to the Zoning Ordinance, Article XI, Section lO0-119.2(B) for permission to locate attached deck and seafood holding tanks within 75' of high water and bulkhead, at 62140 Hain Road, Southold, NY; County Tax Map Parcel No. 1000-56-6-2; Lewis Homes Co., Inc.. Filed Map #535, Lots 1-9 inclusive. 8:50 p.m, Appeal No. 3509 - HOWARD AND JANET MALONE. Variances to the Zoning Ordinance, Article: (a) III, Section 100-31, Bulk Schedule, for permission to construct addition with an insufficient sideyard setback, and (b) XI, Section 100-119.2(B) for permission to locate addition within 75' of ordinary highwater mark and bulkhead, at 250 Blue Marlin Drive, Greenport, NY; Southold Shores Map #3853, Lot #3; County Tax Map Parcel No. 1000-56-07-21. Dated: April 16, 1986. GERARD P. GOEHRINGER, CHAIRMAN (516) 765-1809 ATTENTION NEWSPAPERS: Please publish Thursd~s~_H_~_y 15th two affidavits of publication on or before Hay 19th to: Appeals, Main Road, Southold, NY; (516) 765-1809. and forward Board of FORM NO. 3 - - ' TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL \ Date..~....~. ......... ,19~..~ ~o ~ ..x?~~.~.~. ~~ PLEASE TAKE NOTICE that your application dated.. ~ .... ~.. ..... , 19 .~.~. ~ Location o f Prop erty . . $'t~:e$ t ....................... t:'t$~[ei County Tax Map No. 1000 Section . ~.. ~.~. ...... Block . ~..~,~. ....... Lot~.//~.~r~..~.... Subdivision ................. Filed Map No. Lot No .................. is returned herewith and disapproved on the following grounds ............................... ..... ...7~ .... ~~~.~ ..... ~..~~~. ....................... ........ ~.'~.--_~.. ....... /. ~e .... 7.~.,.,4. ........................... eV ~/8o 'TOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: (Residence, House No. and Street) [Hamlet, State, Zip Code, ~e pn Number) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE , SECTION ~- 0~ , SUBSECTION for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): A. Statement of Dwnership and I~terest. Lr~ ~ C~L~) V~ ~- / ~-~(~l~ the owner(s) of property known ~fid referred to as '- L ~ ~ ' ~ ~ .... (House No., ~re~t~aml~t) ~ identif~d on.the Suffolk County T~Ma~ as District 'lO00,-Section ~ Block ~ot(s) ~.~ , whic~ ~(i~ .on a subdivision ~ap (Filed ~ ~ and has~ approved by the Southold Town Planning Board on ~iN~ as a ~ [Major] Subdivision). '-' The above-described property was acquired by the owner on ,,~,~. B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: Co [~/] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORKi ss.: The property which is the subject of this application is zoned i~ cmnsi~tent with the use(s) described in the Certificate of Occupancy being furnished herewith. is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): Sworn to before me this (NotarY Pdb!ic) ZB2 (rev. 2/6/86) day of gnatu~e~9 ~. - (~ ' H~ENF,.DEVOE NOTACffPUgUC, St. ateef~ew~ and 'OWNER I- STREET I ¥,~,~,~E foisT. COUNTY TAX MAP NO.' LAND IMP. TOTAL DATE REMARKS: ,' ,S~utbold Town Board of Appeals -8- November 18, 1982 Regular Meeting PUBLIC HEARING: Appeal No. 3054. Application of LEANDER B. GLOVER JR., Cox's Lane, Cutchogue, NY (by R.F. Lark, Esq.) for a Variance to tha Zoning Ordinance, Article IX, Section 100-93 for permission to set off property leaving a parcel with insufficient area and width in this C-1 Zoned District. Location of Property: Cox's Lane, Cutchogue, NY; County Tax Map Parcels No. 1000-083-03-004 and 004.001. The Chairman opened the hearing at 8:10p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIR{AN: I have a copy of a map indicating the 2.417 acres on Cox's Lane which is the subject of this application. I also have a copy of the Suffolk County Tax Map indicating this parcel and the surrounding properties in the area. Mr. Lark, would you like to be heard? RICHARD F. LARK, ESQ.: And the only thing you might not have...the arrangements with the Town is not only did Mr. Glover have to obtain a variance for the two-acre parcel that they're requiring to retain but also he had to obtain a set-off of the entire transaction under the current zoning regulations. And today's mail brought ~ letter where the Planning Board on November 8th has granted that approval and you might want to-- MR. CHAIRMAN: We have it...we were wondering if you got it. MR. LARK: Yeah, I just got it today. It's a rather unique appli- cation in the sense that although the Town does not have to conform to the zoning ordinance for their municipal purposes when they buy, the individual landowners do, and try as hard as he may, Mr. Glover did, who is here, can answer any questions that the board might have...the Town did not want to buy any more than what you see in Exhibit A...the 75' strip on Cox's Lane. He tried to sell them the whole thing because as you see on the Tax Map, it's clear that it left him with the 2.4 acres. They did not want to buy it. All they wanted to buy for their... for what they consider their immediate needs...was in essence a right- of-way and figured a 75' was a big enough buffer so they could move there...whether it be the public or town trucks or what, ih and out of there. And would too have access throughout the rear of it, otherwise they would be buying a land-locked piece...because as you can see the other piece that they didn't want is a 20-acre piece to the north which has road frontage both on Oregon Road and Cox's Lane. But they didn't want any part of that. This is all that they wanted. And so when they had their appraisals and pretty much ran the whole program of the negotiations...you know how that goes...and that's what they came up with buying this, and when I talked to the Town Atorney who has obvi- ously spoken to you people, we came upon the conclusion that in order for them to do that, since Glover would be left with property which is shaded in the blue here, as you have it on Exhibit B...he had to obtain (a) a variance from you and (b) a set-off from the Planning Board. So the Town Board, who negotiated this and were more or less stuck by their own device, chased the whole thing, we of sale. But he could not sort of speak, and that if they had pur- wouldn't even have to hold up the contract be left with what would be a nonconforming .' Sout~old Town Board of Appeals -9- November 18, 1982 Regular Meeting (Appeal No. 3054 - Leander B. Glover, continued:) MR. LARK continued: piece unless he got Board of Appeals' approval. And so the application, I think speaks for itself. I won't be long-winded on that, and those of you know that area. Historically, with the exception of the McBride piece, they're all undersized by our zoning standards of today. But apparently they weren't when they were put in initially and the zone change was passed by the Town years ago, but with the upgrading of the zone to a C-1 to 200,000, all of these pieces, with the exception of the McBride price which is a six-acre piece, was all rendered less than the 200,000 square feet...as I've indicated in the application. So considering that and the fact that this is an area variance, I don't think the requirement for the board to grant it is that substantial. Furthermore, keep in mind the other thing I tried to point out and I don't know that it came out that clear, Mr. Glover owns 2½', 225.44 on Cox's Lane now...that's the only road frontage in that area that he has for that lot. The Town wanted 75 feet, so by selling to the Town 75 feet, he leaves himself 150 feet which is under the required 300, but my point is, if he was under.~the 300 to begi~n with, and he's always going to have effectively, whoever owns that parcel 225 because the 75-foot strip being acquired by the Town is not as a building or won't be built upon...but will only be for a roadway to and from. So you still have the effective width requirement, which as I understand it, when it was passed, since industrial buildings are large in size they wanted to have a lot of lot width so you wouldn't be right on top of your neighbor, sort of speak. So you'll effectively have the same thing, he will only, or he doesn't develop it...his successor in interest would only have 150 feet, and again that's not outlandish because a lot of the other properties up on the westerly side there have less than that in there. I have really nothing further to add other than that the application-- or if the board has any questions, Mr. Glover is here because he does feel quite put upon by this whole thing and the Town is putting him in this position, where he didn't want it that way. But after I got with the attorney and after the agreements were made, this is what had to happen. But as you see the Planning Board has given him approval for the set-off and it should be pointed out that one of the parcels that you're involved with, or the only parcel that you're involved, the two-acre parcel, they're talking that the ingress and egress should be utilized for emergencies. I have no control over that what the Town is doing there, and number two, and the third condition that they would like a ... a recommendation, not condition...I stand corrected.., is that additional buffering on Cox's Lane to insure the residence on Matthews Lane of any harmful effects. All I can say there is, if the Town is going to use it as a main thorough- fare, they would be obliged to the neighbors in the area to provide suitable traffic control--buffering. ~lover has no control over that. MR. CHAIRMAN: Thank yo~, Mr. Lark. Is there anybody else that would like to be heard in behalf of this application? 'Southold Town Board of Appeals -10- November 18, 1982 Regular Meeting (Appeal No. 3054 - Leander B. Glover, continued:) MR. $CHILKE: Sir, I'm a member of the neighbors on Matthews Lane We have written a letter to the Town Planning Board and the Councilmen about our suggested recommendations in view of the nature of the landfill. One of the major concerns we are concerned about is the fact that we can see that there's a very good possibility that the town would consider in their planning an access road on this particular parcel, and we, in our letter that I've prepared for our neighbors, indicate that we would rather see that used as an access for emergency vehicles only. We're concerned of course about the safety of the general public, of our own families; we're concerned with the noise; we're concerned with other things which were in that letter. This is it here that Mr. Lark has, I believe. And in our thoughts of this, we would like to be considered as neighbors. And our concerns about the uses of it, we can see that it might be possibly used as an access, and we feel if Cox's Lane is used as a major access to go into that or as a secondary exit or entrance, it wouldn't be fair to the other neighbors. MR. CHAIRMAN: Can we have your name again, Sir? MR. SCHILKE: S-c-h-i-l-k-e. MR. LARK: Mr. Goehringer, Mr. Schilke did write a letter to the Planning Board, which they gave me a copy, and I can give you the one that they gave me, so you can have it as part of.your file. He did write a letter where he expressed some of those things of the people who live on that subdivision there on the easterly side of the road. MR. CHAI~{AN: Yes, if you wouldn't mind. We would like to have it before we close this public hearing. (Mr. Schilke presented three pages of comments that he had previously submitted to the Southold Town Board members and Mr. Henry Raynor of the Planning Board.) Thank you very much. Is there anybody else that would like to be heard in behalf of the application? MR. SCHILKE: I have one more question. MR. CHAI~N: Sure. MR. SCHILKE: I don't understand...but in this evening's paper, I happened to read a notice that there's a ... I'm not sure and I don't have any proof whether it's apparently true or not, but this piece of property...is this one of the pieces of property that's up for auction on December 9th? MR. CHAIRMAN: I have no knowledge of that. MR. SCHILKE: I can't tell by the write-up. It seems to be a piece of property for back taxes due...I'm not trying to embarrass anyone. MR. GLOVER (?): The taxes were paid, but they had to advertise prior to-- MR. CHAIRMAN: Thank you. Anybgdy else to be heard in behalf of the application? Anybody like to say something against the application? Any questions from any board members? (None) ~ Sou-tho. id Town Board of Appeals -11- November 18, 1982 Regular Meeting (Appeal No. 3054 - Leander B. Glover, Jr., continued:) MR. CHAIRMAN: Hearing no further comments, I'll make a motion closing the hearing and reserving decision. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to close the hearing and reserve decision in the matter of Appeal No. 3054, 'application for LEANDER B. GLOVER, JR. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent.) This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 3019. Application of A. BODENSTEIN and wife, by Garrett A. Strang as agent, 54655 Main Road, Box 1412, Southold, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permission to construct retail store with insuf- ficient sideyard areas on the substandard parcel located in this B-1 Zoned District. Location of Subject ~arcel: 31855 S.R. 25, Cutchogue, NY; County Tax Map Parcel No. 1000-97-5-10. The Chairman opened the hearing at 8:29 p.m~ and read the legal notice of hearing in its entirety and appeal application. MR. CHAI~N: I have a copy of a survey indicating this parti- cular property which is approximately 80' by 165' showing a proposed building and gravel parking area. We also have a copy of the Suffolk County Tax Map indicating this parcel and the surrounding properties. GARRETT A. STRANG: We have a lot that's not only inadequate in overall square footage but in width as well. We need to provide park- ing area which has already been presented to the Planning Board and access to that parking lot which is the driveway, and we deduct that width and put our building on it that leaves us with inadequate side yard. So consequently, we're filing for the variance for the sideyard. Well, I believe we're just filing for the sideyard variance; the front yard is the same as Mott. MR. CHAIRS~N: Could I have the size of the proposed building? MR. STRANG: The building is to be, the building is in width, which is the east-west dimension, 35' and then there's a six-foot covered porch that extends out beyond that. And in the north-south dimension, it's 20' wide and there's a six-foot porch on the south side of the building as well. MR. CHAIRMAN: Ok. Thank you. Was there anything else you wanted to say? MR. STRANG: Well, no, I think that pretty well covers it. If there are any questions, I'll try and answer them for the board. MR. CHAIRMAN: This is a one-story framed structure? -,' Southold Town Board of Appeals -24- November 18, 1982 Regular Meeti RESERVED DECISION from earlier this evening: Appeal No. 3054. Upon application of LEANDER B. GLOVER, JR., Cox's Lane, Cutchogue, for a Variance to the Zoning Ordinance, Article IX, Section 100-93 for permission to set off property leaving a parcel with insufficient area and width in this C-1 Zoned District. Location of Property: Cox's Lane, Cutchogue, NY; County Tax Map Parcels No. 1000-083-03-04 and 004.001. The board made the following findings and determination: By this appeal, appellant seeks permission to set off a 18.893-acre parcel to be conveyed to the Town of Southold, leaving a 2.417-acre parcel with a frontage along Cox's Lane of 150.44 feet. The premises in question is zoned "C-1 General Industrial." Upon inspecting the vicinity of the parcel in question, the board finds that a majority of the parcels in this C-1 District are less than the required area and road frontage of the recent provisions of the zoning code. Also, it is the understanding of the board that the Town has agreed only to purchase 18.893 acres from Mr. Glover having 75 feet along Cox's Lane, and does not intend to purchase the remaining 2.417 acres. Under the circumstances, the board is in agreement with the applicants. In considering this appeal, the board determines that the variance request is not substantial; that the circ%~stances are unique; that by allowing the variance no substantial detriment to adjoining properties will be created; that the difficulty cannot be obviated by some method feasible for applicantotherthana variance; the relief requested will be in harmony with and promote the general purposes of zoning; and in view of the manner in which the difficulty arose and in consideration of all the above factors, the interest of justice will be served by allowing the valance. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that the relief applied for in Appeal No. 3054, applica- tion for LEANDER B. GLOVER~ JR. to set off property leaving .a parcel with insufficient area and width, be and hereby IS APPROVED AS APPLIED. Location of Property: West side of Cox's Lane, Cutchogue, NY; County Tax Map Parcels No. 1000-083-03-04 and 04.001. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent.) This resolution was unanimously adopted. I I I -~ TOP SOIL ~ 1,, '~ ~ RANDY LOAM ~ GRAV£1 ~ ,~'~ ~.'.'~'~ S~HD ~ GRAVE~ S~ND NO W~TE~ Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOIITHOLD, L.I., N.Y. ~1g71 TELEPHONE {516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGON[S, .IR. SERGE DOYEN, JR. ROBERT 4. DOUGLASS JOSEPH H. SAWlCKI November 24, 1986 Mr. Donald J. Grim 475 Jernick Lane Southold, NY 11971 Re: Appeal No. 3491 (Special Exception) Your Letter Received 11/3/86 Dear Mr. Grim: This letter will confirm that the Board of Appeals has reviewed your-letter, dated November 2, ]986 with atta. Fhed Site Plan showing the evergreens and stockade gate screening (added 10/28/86) prepared by Sea]and Surveying & Engineering, P.C. The Board has accepted the site plan as to meeting the condition of the Board's June 25, 1986 decision; however, it should be understood that the "area for stockpiling materials, 'i.e. gravel, sand, etc." as depicted on the site plan shall not be expanded outside the 160' deep by 230' wide area (unless a new application is filed and reconsidered). A copy of this letter is being furnished to the Town Planning Board for their file. Yours very truly, cc: Planning Board GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski November 2, 1986 Donald J. Grim 475 Jernick Lane S outhold, NY 11971 Zoning Board of Appeals Town of Southold, Town Hall 53095 ~ain Road Southold, NY 11971 RE: Donald J. Grim Site Plan, Located Oregon Road, Cutchogue C1, Heavy Industrial Zone Dear Nembers: Concerning the above mentioned site plan, the board members asked me to place evergreen bushes or a stockade fence with a height of 4' to 6' on the north and westerly sides of the stockpiling area. As discussed with Gerard P. Goehringer, Chairman, Linda Kowalski, and Joseph H. Sawicki, I would like to request, as per attached, the bushes be placed on the west property line and on the north property line with a 100' setback. This would create a barrier more effectively for the entire site plan and not just the stock- piling area. Also, if I were to place the bushes where the board asked, it would make it very difficult to load trucks. This revision will not cause any increase in the stockpiling area unless further site plan approval is received, as well as Thanking you in advance for your cooperation. Sincerely yours, Donald J. Grim 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. 11~'71 TELEPHONE (516) 765-1809 July lO, 1986 Mr. Donald J. Grim 475 Jernick Lane SoUthold, NY 11971 Re: Appeal No. 3491 (Special Exception) Dear Mr. Grim: Enclosed please find a copy of the official findings and determination recently rendered by the Board of Appeals 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 their authoriza- tion of any new construction, or for other written documents as may be 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 GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary November 2, 1986 Donald J. Grim 475 Jernick Lane Southold, NY 11971 Zoning Board of Appeals Town of Southold, Town Hall 53095 Main Road Southold, NY 11971 RE: Donald J. Grim Site Plan, Located Oregon Road, Cutchogue C1, Heavy Industrial Zone Dear Members: Concerning the above mentioned site plan, the board members asked me to place evergreen bushes or a stockade fence with a height of 4' to 6' on the north and westerly sides of the stockpiling area. As discussed with Gerard P. Goehringer, Chairman, Linda Kowalski, and Joseph H. Sawicki, I would like to request, as per attached, the bushes be placed on the west property line and on the north property line with a 100' setback. This would create a barrier more effectively for the entire site plan and not just the stock- piling area. Also, if I were to place the bushes where the board asked, it would make it very difficult to load trucks. This revision will not cause any increase in the stockpiling area unless further site plan approval is received, as well as Z.8.A. Thanking you in advance for your cooperation. Sincerely yours, Donald J. Grim COX'S __LA NE 59o55~1'~ N/FL Y LOT P~OP I STY ~,~' STOR~G~ ~o BL DO ZAHOS~ N. 56 °48'26 'HIGH EVEPG~E CN/ / I I I I 513.96' / / / ,/ APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 Copies of the Notice of Hearings for May 22, 1986 to the following by mail on or about May 13, 1986: Hand Delivered to: Suffolk Times, Inc. L.I. Traveler-Watchman Mr. and Mrs. Joseph Pacelli, 1090 Cedar Drive, Southold, NY l1971 Mr. Donald A. Denis, A.I.A., P.C., Box 565, Aquebogue, NY as agent for MRS. JOYCE TESE Mr. Leo D. Russell, Greenport NY Congregation of Jehovah's Witnesses, Indian Neck Lane, Peconic, NY 11958 Greenport Housing Alliance, 18 South Street, Greenport, NY 11944 Mr. and Mrs. Norman Reich, Box 13, Main Road, Orient, NY 11957 Mrs. Noel P. Birkby, Architects as agent for MR. & MRS. PHILIP BELLOMO 155 West 19th Street, New York, NY lO011 Mr. John M. Kerbs, Middle Road, Southoid, NY l1971 Michael J. Hall, Esq.= Youngs Avenue, Southold for GRETCHEN HEIGL 6ha Its ' Ri~ he~d -GLOR~ North Shore Neon Sign Co.~ 698 L.I. Ave, Deer Park, NY agent for WELLS PONTI^C-CADILLAC Wells Pontiac-Cadillac, Main Road, Peconic, NY 11958 11729 as Mr. D~naid J. Grim, 475 Jernick Lane, Southoid, NY 11971 Anthcny B. Tohili, Esq., 6 E~st Main St, Box 744, Riverhead, NY for MR. AND MRS. WILLIAM HEINS Mr. and Mrs. William Heins, Main Road, Orient~ NY 11957 11901 Peconic Associates, One Bootleg Alley, Green;)ert~ NY 11944 as a§en.~ for NORTH ~ORK WELDING Rudolah H. Bruer, Esq., Atcn: .,irs. P. Moore, Main Road, for MA~JORIE D. ~.ETRAS Southold Copies of the Notice of Hearings (continued) for May 22, 1986 also to the following bY mai, 1 May 13, 1986: Mr. Arthur Siemerling, as agent for NICK THEOPHILOS, Box 108, Mattituck, NY 11952 Mr. John DeReeder, for NORTH ROAD ASSOCIATES, 240 Wampum Way, Southold, NY 11971 Mr. Edward A. Linker, Ref: North Road Associates, opposing 985 Soundview Drive, Orient, NY 11957 Mr. Armando J. Cappa, Main Road, Southold, NY 11971 Mr. a~d Mrs. Howard Malone, 250 Blue Marlin Drive, Greenport, NY Town Clerk Bulletin Board ZBA Bulletin Board (in office) ZBA Members ZBA Individual Files Building Department Planning Board Supervisor's_Office Town Board Members Town Trustees~ Clerk JUD[T[t T TERRY TOWN CII'RK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 April 9, 1986 ?o: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3491 application of Donald J. Grim for a special exception. Also included is Notice to Adjacent Property Owners; Notice of Disapproval from the Building Department; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; and proposed site plan. Judith Ti Terr~ Southold Town Clerk 5/22/86 WELLS PONTIAC CADILLAC HEARING - Continued CHAIRM~N GOEHRINGER: There is a question and we will be back to you in one second. Do you have any idea how much lighting this will create in illumination factor? MIKE-COLANUSI: Well, I am assuming there are approximately 8 lamps of 40 watt light bulb. It is not as bright because of the plastic being in front of that, it basically dims down. I think if the Board would like to get a good idea of what the impact of this sign would be, looking at the one right around the corner is identical. As far as trying to say how many watts compared to a light bulb or fixture, it is pretty hard to generalize it like that. Flashing signs that detract more from the look of the surrounding area than the actual illumination of a sign. CHAIRMAN GOEHRINGER: I thank you. MIKE COLANUSI: As Mr. Wells says, his present sign is probably brighter than the sign that would be going up. CHAIRMAN GOEHRINGER: You told us how many tubes are in it. That is what we are looking for,. Thank you. Is there anyone else eithe for or against this application? We thank you gentlemen for coming in. Hearing no further comment, I make a motion closing the hearin. reserving decision until later. #3491 - At 8:54 p.m. a Public Hearing was held in the matter o~ DONALD J. GRIM for a special exception to construct storage building and establish outside stockpiling of material uses in "C-l" Industrial Zone. Lot #2 of pending minor subdivision #450, Southside Oregon Road, Cutchogue. Chairman read legal notice and appeal application in their entirety for the record. CHAIRMAN GOEHRINGER: Is there someone who would like to be heard? DONALD GRIM: If you have any questions, please...; CHAIRMAN GOEHRINGER: Okay, the building is going to be used for what, offices? DONALD GRIM: Storage of trucks and payloader and tires parts, etc. ZBA 5/22/86 Page 17 DONALD GRIM HEARING - Continued CHAIRMAN GOEHRINGER: Is the rear stockpiling area going to be screened at all, from the surrounding farm area. Are you going to plant any bushes around it, a fence up, or anything? DONALD GRIM: We would like bushes. CHAIRMAN GOEHRINGER: You are open on that? Well, you are being so nice, people usually fight us on this. DONALD GRIM: The piece behind me is in contract with a pers©n in excavation. He is going to have some heavy equipment there. I cannot see any reason for putting any bushes between me and him. CHAIRMAN GOEHRINGER: Let's see what develops. Is there anybody who also would like to speak in favor of this application? Against the application? Questions from Board Members? Hearing...wewill see how the Board feels concerning the issue of screening. You will find out in the decision, when we get to it; okay? We thank you for coming in. Hearing no further questions, I make a motion closing the hearing, rese'rving decision until later. ~ #3477 - At 8:58 p.m. a Public Hearing was held in th9 matter of KATHERIN~ HEINS and WILLIAM HEINS for a variance to approve insuf- ficient grea, width and depth of 2 parcels. Northside Main Road, Orient. Chairman read legal notice and appeal application for the record in their entirety. A. TOHILL: I am an attorney and I represent Mr. and Mrs. Heins with offices at 12 First Street, Riverhead. The property needs a series of area variances, including lot area, width on a new lot and depth on an old lot. The facts however, are somewhat unique than you are customarily presented with on the run of the mill application. What happened here is that there was a building permit issued on March 22, 1985 for the construction of a single family residence and the building permit was revoked on December 23 1985 and received by the applicants on Christmas Eve, 9 months after its issuance. Nine months after its issuance, but also nine months during and after an expensive fruit tree and orna- mental bush collection on the lot which is the vacant lot of 18,984 sq. ft., had been removed. The trees that had been remoyed included all fruit bearing trees; including 60 peach trees, 150 spruce trees,;250 boxwood bushes; 20 booseberry bushes; 6 currant bushes, this sounds like a Christmas song, I know, but I don't intend it that way, I am reading my notes... 1 plum tree; 2 pear trees...fair warning is fair warning.., and 5 grapevine. Additio- nally 5 working beehives were removed from the property. Southold Town Board of Appeals MAIN RnAD- STATE RI'lAD 2S SI-lUTHrlLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD May 22, 1986 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. .S · ]3 . Q . R . A . SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Si~nificanc~ APPEAL NO.: 3491 PROJECT NAME: Donald J. Grim This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II [X~ Unlisted [ ] DESCRIPTION OF ACTION:Special Exception to construct storage build- ing and establish outside stockpiling of material uses."C-l" Heavy Industrial Zone. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Lot #2 of pending Minor Subdivision #450. S/s Oregon Rd., Cutchogue, N.Y. 1000-83-3 Part of Lot 4.4 containing 4.59 acres REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to thc environment are likely to occur should this project be imple- mented as planned; (2) The property in question is not located within 300 feet of tidal wetlands or other critical enviro~ental area. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town }{all Southold, NY 11971; tel. 516- 765-1809 or 1802. ' Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. Southold, N.Y. 11971 (516) 765-1938 May 7, 1986 Mr. Donald Grim 475 Jernick Lane Southold, NY 11971 Re: Site Plan for Storage Garage Dear Mr. Grim: The following action was taken by the Southold Town Planning Board, Monday, May 5, 1986. RESOLVED that the Southold Town Planning Board refer the following comments to the Southold Town Board of Appeals with regard to the application of Donald Grim located at Cutchogue: 1. The Planning Board has no objections to this proposal for construction of a storage garage and stockpiling located at Oregon Road, Cutchogue. Please contact our office if you have any questions. /Board of Appeals Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary Norlc,ns iiY. 0iV.. EN, pUrSuant tO ~'tion 267 ot the Town Law and the Code of~ the Town of Southold, the fonow~ pubik hcarin~ win ~ held by the $OUTHOLI~ TOW~ aoAy~ oF ~,~I{ALS' at ~ Southoid Town H~II, 7:30 p.m. on THURSDAY, MAY 22, 1986 and as follows: 7:35 p.m. Appeal No. 3399- JOSEPH AND ANN PACELLL Variance to the Zon- ing Ordinance, Article III, Sen- tion 100-31, Bulk Sdledule. for appt~'al of insufficient area, depth and width of three parcels referred to as Lots No. 1, 9 and 10, Map of Bayslde Terra~ Southold, NY;, Lot No. ] Io~ted nion{ the lo6th 'side .of North' of Summer Lan/,; .County Map Distri~ 1000. ~ecsion 78~ Block'9, Lots 1 and 16.. '*' 9:40 p.m. AplJenl No. 34~2; JOYCE TESE. Variance toO~. Zon~nn Ordinnne~ Al'ricie Ill, section 10o-32C, for permission to incate s~.essory garage in fmntyard asea, at ~ Jackson Street, New Suffolk,' NYi County Tax Map District 1000, Section 117, Block 10, LOt 5. 7:45 p.m. Appeal No. 3498. ORE£NPORT N.Y. CON- OR~GA~ION OF JEHOVA~ WIT~mSSE~ Sp~" tlon to the Zonin_~ Ordinallce, Article III, Section 100-30 (B)[2] for permission to construct ad- dition and establish same for religious, library use, at 1345 In- dian Neck Lane (a/k/a 50 Spring Lane), Peconic, NY; County Tax Map District 1000, Section 86, Block 5, LOt 1. 7:50 p.m. Appeal No. 3504- GREENPORT HOUSING AL.LIANCE. Variance to the Zoning Ordinance, Article ili, Section 100-31 for permission to locate new single-f~mly dv, v. ilin$ with insufficient total sideyards and insufficient northerly sideyard at 1300 Seventh Street, Orecnport, NY; Map of port Driving Park LOt No. ~ County 'i~ Map District 10~ Section 48, Block' 3, LOt 1~,, 7:55 .p.m. A~upenl No. 3500- NORMAN ,REICH. Vadan~ t[~ Zonil~ Ord!nnnce, Art~. III, Section 100.31, l~lk~ Schedule for permission to ton- struct deck addition with inenf. ficient rearyard aetback ut688 Cedar Drive, East Marion, NY; County Tax Map District 1000, Section 22, Block 2, Lot 41;' ina Ordindnce;:Artlci~lllf S rion 100-32 for permission to. locate accessory ~qmse/stot'~ building in frontyard areal 7455. Soundview Avenu~ Southold~ NY; County Tax M~ District ~000, Section 59, Block 6, Lot 8 8.~ p.m. Appeal No. ~0~ JOHN M, KERBS. Veriance the Zoning Ordinance, Article III, .S~'tion 100~31, Bulk Sched- ,ile, for approval of insufficient area of throe pameis in this pro- posed four-lot minor subdivi- sion located along the south side. of Ivlrddie Road (C.R. Southold, NY; County ~ District 1000, Section 55, Block ,.3, Lot 3. COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that sh~ Editor, of THE LONG ISLAND TRAVELER-WATC a public newspaper printed at Southold, in Suffolk ~ and that the notice of which the annexed is a printe has been published in said Long Island Traveler-Wa once each week for ................. ~ ........ successively, commencing on the ........ /'3.'-. ~' ..... ' C Sworn to before me th s ......... .e-~ .D ........ ~ {rio p.m. Ai~ No. 3506- ~l~ CAI'PA/POlO' ' Variance to the Zoul~ Or' dinnnce~ Article XI~ Section 100~119.2 (B) for permission to . · l~¢~.te attached deck and Notary Dub[ic s~food holdin~ tanks within 7~' ~f ~ wates and bulkhexd, at 62140 Main Road, Southold, NY; County lhx Map Parcel No. 1000-56-6.2; Lewis Homes CO., In~ Filed Map No. 535, LOt 1-9 8:i5 p.m. Appeal No. 3418- G~N HEIOL (Recessed from April 3, 1986). 8'.20 p.m. Appeal No. 3493- WELLS PONTIAC- CADILLAC. Variances to the Zoning Ordinance, Article VI: ~(a) Section 100-60(C)[2](a) for permission to erect ~round sign ~ding maximum 6'6" he~ht .requirement, and exceeding height, requirement of 15'6" from ground to upper edge of sl~h~ and (b) Section 100-60(C)[21Co)[4] for permis- stofi to place wall si~n with pro- je~lon of more tlum one foot, · at'42155 Main Road (n/k/a 20~ ~nic Lane), Peconi~ ix'~,~ .2.y Tax Map District 1000, n 75, Block 1, Lot 14. _ p.m. Appeal No. 3491.~' I t XINALD J. GRIM. Special ~ctiOn of the Zoning Or- e' Article IX, Section 100-90 for permission to con- Sl~ll~l storage building and esUibllmh outside stockpiling of tlMsierial uses In this "C-I" Henvyl~dustrialZoningDist rict. {2~idon of Property: LOt No. ~ ~mehding) Minor Subdivision 1~.~0 of L.B. Olover, south side of Oregon Road, Cut- chOSue; County Tax Map DbUict 1000, Section 83, Block 3; Pm't of Lot 4.4, containing 4.S~ st:re. tO the Zo.},~_n Ordinance, Arti- cle III, Section 100-~l, Bulk S~hedUle for approval of insuf- ficient aren, width and depth of twu parcels in this proposed division located along the north side of Mnin Road, Orient, NY; mty Tax Map Parcels No. 19-2-5 and 6. BARBARA FORBES Iot~ar~ Publle, State of New York No. 48068.16 Qualified in Suffolk County ~mmission Expires % 3' t 19 ~ 8:4~ p. mf ApiCal 'No. '~01- NORTH FORK WELDINO/SCHOENSTEIN. Variances to the 'Zoning Or- dinance, Ankles: (a) XI, Section 100-119.2 (B) for permission to locate new buildin{ within the required 75' setback from wetlands area, (b) VI, Section 100-60 for permission to expand nonconforming use of welding business in this "B-Light" Business Zooing District located along the south side of Main Road, (S.R. 25), Greenport, NY; County Tax Map Parcels No. 1000-53-2-12, 13, and 15; Lots 172, 173, 174, Paconic Bay Estates Map No. 658, and Map No. 1124 as Amended. 8:50 p.m.- Appeal No. 3471- NICHOLAS TSIRKAS (P.~cess; ed from May 1, 1986). 8:50 p.m. Appeal No. 3509. HOWARD AND JANET MALONE. Variances to the Zoning Ordinance, Article: (a) III, Section 100-31, Bulk' Schedule' for permission to con- struct addition with an insuffi- cient sideyard setback, and (b) XI, Section 100-119.2 (B) for permission to locate addition within 75' of ordinary hi~hwater mark and bulkhead at 250 Blue Marlin Drive, Greenport, NYI Southold Shores Map No. 3853, Lot No. 3; County 'Pax Map Parcel No. 1000-56-07-21. 8:55 p.m. Appeal No. 349% MARJORIE D~ PETRAS. Variance to the Zoning Or- dinance' Article III, Section 100-31 for permission to con- struct addition in excess of maximum-permitted 20 percent lot coverage requirement at 700 K~ke Drive, Southold, NY; County Tax Map Parcel No. 1000-87-5-006. 9.'05 p.m. Appeal No. 3507- ' NICK THEOPHILOS. Variance to the Zoning Ordinance, Arti- cle XI, Section 100-119.2(A~ for permission to locate swimming pool with deck and fence enclosure within 100' of bluff area along Long Island Sound, at 2200 Sound Drive, Grcenport, NY, Lot No. 118, Map of Eastern Shores, Seciion 4, County Tax Map Parcel No. 1000-33-1-16. 9:10 ~p~ml. Aji~peal No. 3458- NOI~I~I i~(JA~ ASSOCIATES. Varia~'~ to the Zoning Or- dinance, Articie III, Section 100-~l [or Article XIII, Section 100-136(~)] for approval of tin~ parcels having insufficient area, and proposed Parcel No. 3 hav- ing insuffigient depth, located on private right-of-way off the north side of Main Road (S.R. 25), Orient, N.Y.; County ~ Map Parcel No. 1000-018-4-1 (I.1). The Board of Appeals will hear at s~id time and place all persons or r~pres~nl~tiv~ desir- ing to be heard in each of the above hearings. Written com- ments may also b~ submitted prior to the conclusion of the hearing in question. For more information, please call 76~-1509 (alt. 1802). Dated: April 16, 1986. BY ORDER O~ THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN IT-$/15/86(12) NOTICE,ISHEKEBY · Town Law and the CodfJ;bf Town of Southold, the following public hearings will be held by the gOUTHOLD ~OWN BOARD OF APPEAI~ at thz Southold Town Hall, Mni~ Road, ~outhold, NY at o Regular Meet- THURSDAY M,A.,Y ~ !~6, 7'35 pm. Aonsal 11~'~-*~ ~' (b) Section 100-60{C12)(b)(4) for JO~EP~ '~/n' i. AN!q ..' permission to place wall sign PACELLI. Variance ~o the Z~n- with projection of more than one lng Ordinance, Article III, See- ' foot, at 42153 Main Road (a/Ma tion 100-31, Bulk Schedule, for 20 Pocanic Lane), Peconic, NY; approval of insufficient area, depth and width of thr~ parcels' referred to as Lot~ No. 1, 9 and 10, Map of Boyside Terrace, Southold, NY; Lot No. 1 located along the south ~ etr North Bayview Road, and Leto ns. 9 and no. 10 located along the east side of S,mmer Lane; Cotmty Ta~. Map District 1000, Section 78~ Block 9, Leto l and 16. 7:40 p.m. Appeal No. 3492- JOYCE TESE. Variance to the Zoning Ordinance, Article HI, Section 100-32C, for permission to locate accessory thrso-car gar- age in fcontyard aces, at 800 Jackson Street, New Suffolk,. NY; County Tax Map District 1000, Section 117, Block 10, Lot 5. 7:45 p.m. App~d No. 3498 - GREENPORT N.Y. CONGRE- GATION OF JEHOVAH WIT- NESSES. Special F~ceptio~ to the Zoning Ordi,Anc~, Article III, Section 100-30(B)(2) for per, mission to censtruct addition and establish same for religious, Ii* brary tree, at 1345 Indian Neck Lane (a/k/a 50 Spring Lane), Peconic, NY; County Tax Map District 1000, Section 86, Block 5, Lot 1. 7:50 p.m. Appeal No. 3504 GREENPORT HOUSING AL- LIANCE. Variance to the Zon- ing Ordinance, Article III, Sec- tion 100-31 for permission to cato new single-family dwelling' with insufficient total sideyards and insufficient northerly sideyard at 1300 Seventh Street, Greenport,. NY; Map of Green- port Driving Pork, Lot No. 369; County Tax Map District 1000, Section 48, Block 3, Lot 16. 7:55 p.m. Appeal No. 3500 - NORMAN REICH. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for permission to coo- strnst deck addition with insuffi- cient rearyard setback at 655 Cedar Drive, East Marion, NYI County Tax Map District I000, Section 22, Block 2, Lot 41. 8:00 p.m. Appeal No. 3483 PHILIP AND EL{.~.N BEL- LOMO. Variance to the Zoning Ordinance, Article III, Section 100-32 for p~rmlssion to locate. acde~ory garage/storage build- lng in frontyard area at 7455 Soundview Avenue, Southold, NY; County Tax Map District ] 000, Section 59, Block 6, Lot 8. 8:05 p.m, Appeal No. 3065 JOHN M. KERBS. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insuff- ~ clent area of thcee parcels in this. propo~-d four-lot minor eubdivi- sion located along the south ~ide of Middle Read (C.R. 48), South- old, NY; County Tax Map Dis- t~ict 1000, Section 55, Block Lot 3. 8:10 p.m; Appeal No. 3506 - ARMANDO J. CAPPA/PORT OF EGYPT ENTERPRISE&' Variance to the Zoning Ordi- nonce, Article XI, Section 100- 119.2(B) for permission to locate attached deck and seafood hold- ing tanks within 75' of high water and bulkhead, at 62140 Main Road, Seuthold, NY; Cotmty Tax Map Parcel No. 1000-56-6-2; Lewis Homes., Inc. Fi{e~ Map no. 535, Leto 1-9 incin- County Tax Map District 1000, tion 75, Block 1, Lot 14. :25 p.m. Appeal No. 3491 - NALD J. GRIM. Special Ex- tion of the Zoning Ordinance, Article IX, Section 100-90 for ~ permission to construct storage I~uilding and establish outeide [ stockpilIng of material uaei in, ~ this ~C-1' Heavy Industrial Zen; lng District. Location of Prop- erty: LOt No. 2, (Pending) Minor Subdivision No. 450 of L.B. Glover, south side of Oregon Road, Cutehogue; County Tax Map District 1000, Section 83, Block 3, Part of Lot 4.4, contain- ~,,_in~o 4.59 acres. 8:30 p.m. Appeal No. 3477 - HEINS. Variance to the Zoning , Ordinance, Article III, Section 100-31, Bulk Schedule for ap- proval of insufficient area, width and depth of two parcels in this prolx~ed division located along the north side of Main Road, Orient, NY; County Tax Map Parcels No. 1000-19-2-5 and 6. 8:45 p.m. Appeal No. 3501 NORTH FORK WELDING/ ~CHOEN~I'EIN. Variancee to the Zoning Ordinance, Articles: (a) XI, Section 100-119.2(B) for permission to locate new build- ing within the required 75' set- back from wetlands area, (b) VX; Section 100-60 for permission to expand nonconforming use of welding business in this "B- Light" Business Zoning District located along the south side of Main Road, (S.R. 2§), Greenpert, NY; County Tax Map Parcels No. 1000.53-2-12, 13 and 15; Lots 172, 173, 174, Peconic Bay Es- tatos Map No. 658, and Map No. 1124 a~ Amended. 8:50 p.m. Appeal No. 3471 - NICHOLAS TSlRKAS (Reces- sod from May 1, 1986). 8:50 p.m. Appeal No. 3509 HOWARD AND JANET MALONE. Variances to the Zoning Ordinance, Article: (a) IH, Section 100-31, Bulk · Schedule, for permission to con- struct addition with an irmuffi- cient sideyard setback, and (b) XI, Section 100-119.2(B) for per- mission to locate addition within 75' of ordinary hlghwater mark and bulkhead, at 250 Blue Mar- lin Drive, (~reenport, NY; South- old Shores Map No. 3853, Lot No. 3; County Tax Map Parcel No. 1000~56-07-21. 8:55 p.m. Appeal No. 3497 - I%~.RJ'ORIE D. PE'I['RAS. Variance to the Zoning Ordi-' nonce, Article IIl, Scetion 100-31 for permi~ion to construct addi-~ mired 20 percent lot covernge re- quirement, at 700 Koke Drive, Seuthold, NY; County Tax Map Parcel No. 1000-87-5-008. 9:05 p.m. Appeal No. 3307. NICK THEOPHILOS. Vori- once to the Zoning Ordinance, Article XI, ~-q~ioa 100.119.'~/AI for permi~io~ to lo~to ,wire- ming pool with d~k and fence an*loom within 100 of bluff m'ea along Long Ialand Sound, ot 2200 Sound Drive. Greenport.~ NY; Lot No. 118, Map of Eastern, P~ - Section 4, County Tax; 1. ,eel No. 1000-33-1-16. NORTH ROAD .~S- SCC~TI~S. Variance la STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) Heather Cusack ofGroenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has bean regularly published in said Newspaper once each week for on~ weeks successively, commencing on the ~ 5 day of May 19~8_6 Principal Clerk Sworn to befor.,e me this ~ ~ ////~ ~"//~ MARY K. DEGNAN / / //~'~/~/~.~F-~,~ ~ ~ NOTARY PUBLIC, State of New Yo~k ff.,~-.// ~- / J Suffolk County No. 4849860~,~ / .C, Southold Town Board of Appeals ~ (5161 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN, CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT .j. DOUGLASS .JOSEPH H. SAWICKI TO WHOM IT MAY' CONCERN: Concerning your recent application filed with our office, please find enclosed a copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, the Suffolk Times and the L.I. Traveler-Watchman indicating the date and time of your public hearing. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the public hear- ing and in order to prevent any delay in the processing of your application. If you have any questions, or if you would like to review your file prior to the hearing, please do not hesitate to either stop by our office at the Southold Town Hall, or by calling our secretary, Linda Kowalski, at 765-1809 (or, if no answer, 765-1802). Yours very truly, Ik Enclosure GERARD P. GOEHRINGER CHAIRMAN TOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: Date Filed: (Residence, HouseNo. and Street) (Hamlet, State, Zip hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE ~ , SECTION/~)-~O- , SUBSECTION /~ for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): A. Statement of Ownership and Interest. Lb ~ ~L~) V~ F~ , ~_~(,a~ the owner(s) of property known ~d referred to as' L ~ ~ _ _ (House No., ~re~t~,~aml~t) identif~d on.the auffolk County T~Ma~ as Distric~ 'lO00,~Sect~on Lot(s) ~ ~.~, which is no~O~ .on a subdivision Map (Filed "Map of ~~ ~.~~ "File~Map~ and has been approved by the So~thold Town Planning B~d on _~N~N~ ' as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on _ ~. B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to p mo p~ c~ ~s ~ ~ ~ nh o~do~h,~ f~ 11~ i ~ ~ ~ Co [J] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORKi SS. The property which is the subject of this application is zoned __ E~I is cQnsis%ent: with the use(s) described in the Certificate of Occupancy being furnished herewith. is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): Sworn to before me this (Notary Public) ZB2 (rev. 2/6/86) day of HELEN & DE VOE NOTARY PUbliC, Stele of No 4'blJi~, Seffolk term £x~u~ ~rch 30, 19 and BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter OT the Petition of to the Board of Appeals of the Town of Southold TO: ~.. ~i~. ~ .CC) f~Lc~ ~e~ ~.., NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the ~dersigned to petition the Board of Appeals of the Town of Southold to request a (Variance)~Special Exception~ (Special Permit) (Other) [circle choice] I. 2. That the pro~r~y~,~ J;~c,~ 9 ,the subje~.~f t~.i~etition is Ioc~c~t~9[~rty and is des- cribed as foljows~ (']1/~/~ //~ J ~ 1~(~ /,3. ~hat ~e pr.o,p~.zy which is the subject of such Petition is located in the following zoning district: 4. Th~a~ by s~clh Petition, t,~he undersi~gned ~i~l regu~est the following relief:~'~/~'~ ~I,~Z $. That the prov[ '~%¢'the Southold Town Zoning/~/~ap~pli~_~a/~t~..e relief sought by the under- signed are ArtJ.cle [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 765-].809. 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 b~r,,heard at such hearing. Dated: ,~--C~ ~)~~J/-- . Petitioner Owners' Name Post Office Add~e~s~7T'-~ NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 329 226 123 P 329 2.=~.~6_ 124 RECEIPT FOR CFRT ,~E~? ~¢A ~ STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: _r' I T&OI& !lU/ [! ~., , being duly sworn, deposes and says that on the ¢ day of /l~V?. l-I . ,19 ~a--~, deponent mailed a true copy of the Notice set forth on the re- verse side here-~f, ~tirected to each of the above-named persons at the addresses set opposite their respective names; that the addresses se! opposite the names of said persons are the addresses of said persons as shown on the current asst'~s~ten~ll ot~ t~le Town of Southold; that said Notices were mailed at the United Stales Post Of- fice at ."'~l/! ~ / (~L ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this f dayo . ~-~..~ ,19~ Notary Public (This side does not have to property owners ) be completed on form transmitted to adjoining The N,Y.S, Environmental Quality Ituview Act requires sub- mission Of t~ form, and an environmen~l review will be '-,, made by this~Foard before any action is~ken. ' "'~"; "' I,'ISTPUCTZC.~, S." .. ;,: ,,A~ ~, ..... ": (~) ~n order ~o answer ~he ques~ion~ fn thi~ ~hort ~A~ 1~ 1~ a~e~ ~ha~ ~h~ l~ely ~cta of the ac:~on, It ~m no~ e~ec:ed ~ additional ~tud~em~ roeearch' ~ · · . " or ether lnve~t~gat%ons w~l be ~dertaken. · ,.~:.' ,, ... [~,i[.~ . - :,,,. lb) IF any qued.ton ham been answered fe~ th~ proJec~ ~y be a&~&ftca~t and a -.~ ',[;.':Jccm. p~et~d EnvCrc~enta~ A~e~men: ~o~ &~ necessary. ,., ~;,~,, ~' ~ .,"q", , . (c) If all que~tlon~ have been answered ~o &. ~ likely that tht~ project ~ ,'~. (d) ~vironmenta: Am~e~ment . Will project reeult in a large physical c~nge to the project cite or physically alter more th~n 10 acrea of land? , , · , . . . . . Will there be a major change to any unique or unusual land forth found On the site? · . 5. 6. 7. 8* m lO. ll. 12. W~ll project alter or have a large effect on an existing body of water? . . . , . . , . Will project h~ve a potentially large Lmpacb on gro,~ndweter quality? . . . . . . . . . . WLll project significantly 'effect drainage ~1~ on adjacent eitcs? ., . , , ~ , , , . . Will project affect any threatened or endangered plant or anLv.~l ~pecles? . . . , , , , , , WLll project result in a major adverse effec~ on air quality? , , , , , , , . , , Will project have a m~Jor effect on visual char- Will project adversely ~..pact any site or seruct~- ute of historic, pre-historic, or pal~ontologicul importance or any szte doelgnated as a critical environmental area by a local agency? . . . ~ill project have a m~Jor effect on exieting or Will project result in major traffic problems or Will project regularly cause objectionable odor:, noise, glare, vibration, or electrical disturb- Will project have any impact on public health or Will project Affect %he existing community by directly causin~ a growth in ~ermancnt popt~a- tlon of moro than 5 percent over a one-year period or have a major negative ~ rRESE,gTI:iC: the project~ TIT~S: ~fes~/ ~o , , Yes ~/ Yes ', Ye", V · Yes V ~o .... OATE: (rod:~y,s betel To: Southo!d Town Board of Appeals Main Road Re: Appeal Application of Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Reguiations, 6 NYCRR, Part 661, and Article 25 of the New York State. Environmental Conservation La%~, please be advised that the subject property iQ the ~¢ithin appeal application: (pleas~ check cmo box) [ ] May be located Within 300 feet of tidal wetlands; hc%vever, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 fee~ in length.~ [ ] May b~ 'located within 300 feet of tidal wetlands; however, constructcd along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed al'ohS the water-lying edge of this property is a bulkhead less than 100 feet in length. May be located within 300 feet of tiddi wetlands; and there is no bulkhead or -o ~,. c nc .... wall e:~is~ng 'on the premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [:;tarred items'(*) ' ~ ' · - · n]lcate your property does not appear to fall withi~x the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, ] S ~tur ~ p!o~)~ NOTE: If proposed project falls %~it~kin D.E.C. jurisdiction, approval must be received an.d submit~6d to our office before your application can be scheduled for a public hearing. TOWN OF:SOUTHOLD SUEFOEK CO U'I~TiY Southold, N.Y. 11971 ItENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIA~M F. MULLEN, Jr. TELEPHONE 765-1938 November 15, 1982 Mr. Richard Lark Attorney at Law Main/Road Cu~hogue, New York 11935 /~e: Glover/Town of Southold Dear Mr. Lark: The following action was taken by the Southold Town Planning Board, Monday, November 8, 1982. RESOLVED that the Southold Town Planning Board approve a set off (106-13) on the property of Leander B. Glover, located at Cutchogue, with the following recommendations: 1.The entire parcel abutting Cox's Lane to be set-off and purchased by the Town of Southold. 2.The ingress and egress to be utilized for emergency use. 3. If necessary, additional buffering on Cox's Lane to insure the residents on Matthews Lane from any harmful effects. If you have any questions concerning the above, please feel free to contact our office. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD cc: Zoning Board of Appeals By Susan E. Long, Secretary May 22, 1986 ... Notice of disclaimer to anyone interested in this file: Please be advised that Celic Realtors is currently holding my Real Estate License. At the time of filing this application and the period of time that it takes to hold a public hearing and reach a decision, I have no interest in this application. I further state, that I have -no- knowledge of an existing active listing with the above Real Estate office. This statement is signed with the complete understanding of the information stated above ..... t/Gerard P. GOehringer TO WHOM IT MAY CONCERN: I wish to disclose the following statement in the event the property in question should be pending a rea~ estate activity with Celic Estate Agents, Inc., who holds my conditional salesperson's license: I have no interest whatsoever in the sale of this property and am not a part. of any other pending real estate activity of a business or professional nature which might be a conflict with my secretarial duties as Stenographer/Secretary of the Board of Appeals of the Town of Southold. Linda Kowal ski TYPICAL WELL DETAIL n DRAINAGE LEACHING POOLS 6O 900 GAL SEPTIC TANK KEY ~A_~P PROPOSED SITE PLAN FOR DONALD GRIM SITUATED AT CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK OWNER: DONALD GRIM TAX MAP DESIGNATION: PREPARED BY: seolond ,/il purveying 8~ ~ engineering, pc. ilo west main street riverhead, new york I]901 (516) 369-1717 1000-08~- 05- P/O d. d 1%60' AREA: /9~,~Tsq. ft or 4 59/$ Acre$ ZONING: c / GENERAL INDUSTRIAL NOTE; ~zc~SUANT T~-~FO£K COUNTY SANITARY CODE A~TICLES 7 AND /2, / ~ HE~EB7 CERTIFY THAT THE~E WILL NOT ANY INDUSTRIAL WASTES 0~ OTH~ NON-S~I~Y WASTES DISCHARGED F~O~ THE BUILDING AND THE~E WILL B~ NO TOXIC O~ MATERIALS ST~ED AT THE S/~E UNLESS SPeCIfIC P~MITS EX~PTIONS A~E G~ANTED PURSUANT TO THOS~ NOT~' ELETATIONS REFER TO MEaN SEA LEVEL PARKING' rs) PA~XlN~ spaces ~Eou/~o FIvETHREE(5} PARKING SPACES PROVIDED ~- ,~ GAR. ~ STORAGE BLDG z 2400 5q ft 2~00sq H X 004 ~/s~ft. = 9~ G PD. ~OVIDE MIN SYSTEM. ONE (I) ~0 GA&, SEPTIC TANK ONE (I) B MA.(I2 DEEP) LEACHING POOL DRAINAGE D~SIG~' IMPERVIOUS SU~F~CES' ~BO0 s~ft X k 0 X 2/1~ = I 15~ ~c~ft ~MAINING ~RE~: 195~200s~ft X050 X ~/1~=~0 C~ft. TOTAL = 1079~ CuFt LEACHING POOL VOLUME ~ X 5~ X I~ = I0~7~.~/I, 2~.6~7 = ~9 LEACHING POOLS REQUIRED ~OVIDE 9 P~LS~ I0' DIA.~IG'DEEP