HomeMy WebLinkAbout3506~/~PP. Xl , i~14.4,.d0 0
Southold Town Board of Appeals
ACTION OF THE ~oN~N.G, 'BOARD OF APPEALS
Appeal No. 3506
Application Dated May ], ]986
TO: Mr. Armando J. Cappa [Appellant(s)]
Main Road
S0uth0ld, NY ]]97]
At a Meeting of the Zoning Board of Appeals held on June 25, 1986,
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 XI , Section ]00-]]9.2(B)
[ ] Request for
X
Application of ARMANDO J. CAPPA/PORT OF EGYPT ENTERPRISES for a
Variance to the Zoning Ordinance, Article XI, Section ]00-119.2(B) for
permission to locate attached deck and seafood holding tanks within
75' of high water and bulkhead, at 62140 Main Road, Southold, NY;
County Tax Map Parcel No. 1000-56-6-2; Lewis Homes Co., Inc., Filed
Map #535, Lots 1-9 inclusive.
X
WHEREAS, a public hearing was held and concluded on May 22, 1986
in the Matter of the Application of ARMANDO J. CAPPA/PORT OF EGYPT
ENTERPRISES; 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. The premises in question is located in the "C-Light"
Industrial Zoning District along the south side of the Main Road
(State Road 25), in the Hamlet of Southold, and is identified on
the Suffolk County Tax Maps as District 1000, Section 56, Block
6, Lots 4, 6 (presently owned by Port of Egypt Enterprises).
2. The subject premises consists of a total area of 10.5±
acres (including land under water) with 600± feet frontage [lot
width]. Premises adjoining this property on the westerly side
is presently owned by C & L Realty, Inc. which was not made a
part hereof. Existing are numerous buildings, all as shown on
site plan mapped April 19, ]985, amended May 29, 1985, prepared
by Roderick VanTuyl, P.C. (see other pending applications of
Port of Egypt under Appeals No. 3524 and 3525, and 3494 and 3495).
(CONTINUED ON PAGE TWO!
DATED: June 25, 1986.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOW~ ZONING BOARD
OF APPEALS
Page 2 - Appeal No. 3506
Matter of ARMANDO J. CAPPA
Decision Rendered June Z5,
1986
3. By this application, appellant requests permission to
construct an "H"-shaped open deck area and two 4' by 6' seafood
holding tanks at the southerly area of the existing restaurant
building and extending to 'the inner edge of the existing bulk-
head, all as shown by plan prepared by Briarcliff Landscape
dated April 28, 1986. The widths of the deck areas are eight
feet with two lengths of 68 feet and the other 79 feet. The
center deck is proposed of a size 10' by 14'
4. Article XI, Section lO0-119.2(B) of the Zoning Code
requires all buildings and structures located on lots adjacent
to tidal water bodies other than the Long Island Sound to be
et back not less than seventy-five (75} feet from the ordinary
highwater mark of such tidal water body~ or not less than
seventy-five (175) feet fromt he landward edge of the tidal
wetland, whichever is greater.
5. It is the opinion of the board members that for the
best protection of the public (customers, employees, etc.), it
would be best if the eight-foot by 68-foot deck section along
the bulkhead be eliminated, allowing for a minimal setback of
eight feet.
In considering this appeal, the board finds and determines
that by locating the proposed deck and seafooo storage tanks
at a minimal distance of eight feet from the inner edge of
the existing bulkhead: (a) the variance will be the minimum
necessary; (b) the circumstances are unique; (c) the
practical difficulties are sufficient to warrant a granting
of this variance; (d) there will be no substantial change
in the character of the district; (e) the relief as granted
is not substantial; (f) the circumstances are not shared by
other properties generally existing in the neighborhood;
(g) that in view of the manner in which the difficulty arose
and in consideration of all the above factors, the interests of
justice will best be served by allowing the variance, as condi-
tionally noted below.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Sawicki, it was
RESOLVED, that a Variance for permission to construct
open deck area (not to exceed 8' by 79' and I0' by 14') and
two 4' by 6' seafood-storage tanks, within 75 feet of the
existing bulkhead and highwater mark, BE AND HEREBY IS APPROVED
in the Matter of the Application of ARMANDO J. CAPPA, Appeal
No. 35U6, SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the eight-foot by 68-foot (6' by 68') open deck
section be deleted, limiting this variance to permit the 8' by
79' and 10' by 14' sections;
2. That the proposed deck area and seafood-storage tanks
~o~ be located any further than 22 feet from the south (rear) of
the existing restaurant building.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Saw~cki. (Member Doyen was absent.} This
resolution was duly adopted.
ECEIVED AND FILED BY
THE SOUTHOLD TOWN
DATE 7/'l/'':v'''
GERARD P. GOEHRINGER,
NOT~CE OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code o{ the Town of Southold, the following public
hearings will be held in addition to those previously advertised
by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town H~ll~
Main Road, Southold, NY at a Regular Meeting on THURSDA¥~ MAY 22,
1986: -
ENTERPRISES. Variance to the Zoning Ordinance, Article ×I, S~ction
lO0-11g.2(B) for permission to locate attached deck and seafood
holding tanks within 75' of high water and bulkhead, at 62140iMain
Road, Southold, NY~ County Tax Map Parcel No. 1000-56-6-z; L~wis
H_~omes 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) ~II, Section lO0-31, B?lk
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 b~lkhead,
at 250 Blue Marlin Drive, Greenport~ NY; Southold Shores Map #~853,
Lot #3; County Tax Map Parcel No. 1000-56-07-21.
Dated: April 16, 1986. GERARD P. GOEHRINGER, CHAIRM~N
(516) 765-1 809
ATTENTION NEWSPAPERS: Please publish Thursday, May 15th and fobward
two affidavits of publication on or before May lgth to: Board ~f
Appeals, Main Road~ Southold, N¥~ (5!6) 765~1809.
NOTICE OF HEARINGS
NOTICE IS NEREBY 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 a~ 7:30 p.m. on THURSDAY, MAY 22, 1986 and
as follows:
7:35 p.m.
to the Zoning
for approval
referred to
NY; Lot #1
and Lots #9
County Tax Map District
Appeal No. 3399 JOSEPH AND ANN PACELLI. Variance
Ordinance, Article III, Section 100-31, Bulk Schedule,
of insJfficient area, depth and width of three parcels
as Lots #1, 9 and lO, Map of Bayside Terrace, Southold,
located along the south side of North Bayview Road,
and #10 located along the easthside of Summer Lane~
lO00, Section 78, 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
locate 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 No. 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 5, Lot I.
7:50 p.m. Appeal No. 3504 - GREENPORT HOUSING ALLIANCE.
Variance to the Zoning Ordinance, Article III, Section lO0-31 for
permission to locate new single-family dwelling with insufficient
total sideyards and insufficient northerly sideyard at 1300 Seventh
Street, Greenport, NY; Map of Greenport Driving Park, Lot #369;
County Tax Map District lO00, 'Section 48, Block 3, Lot 16.
7:55 p.m. Appeal no. 3500 - NORMAN REICH. Variance to the
Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule for
permission to construct deck addition with insufficient rearyard
setback at 655 Cedar Drive, East Marion, NY; County Tax Map
District 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. Appeal No. 3483 PHILIP AND ELLEN BELLOMO. Variance
to the Zoning Ordinance, Articl.e III, Section 100-32 for permission
to 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 100-31, 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 District 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 lO0-60(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 l, Lot 14.
8:25 p.m. Appeal No. 3491 DONALD J. GRIM. Special Exception
of 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 #2, (Pending) Minor Subdivision #450 of
L.B. Glover, south side of Oregon Road, Cutchogue; County Tax Map
District 1000, Section 83, Block 3, Part of Lot 4.4, containing
4.59 acres,
8:30 p.m. Appeal No. 3477 - KATHERINE AND WILLIAM HEINS.
Variance to the Zoning Ordinance, Article III, Section 100'31~ 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 ~earings
Southold Town Beard of~Appeals
Regular Meeting of May 22, 1986
lO0-119.2(B) for p~ermisslon to locate new building within the
required 75' setbac'k from wetlands area, (b) VI, 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; Cou~nty Tax Map Parcels
No. 1000-53-2-12, 13 and 15; Lots 172, 173, }-74, Peconic Bay
Estates Map #658, and Map #1124 as Amended.
8:50 p.m. Appeal No. 3~71
from May 1, 1986).
NICHOLAS TSIRKAS (Recessed
8:55 p~m. Appeal No. 3497 MARJORIE D, PETRAS. Variance to
the Zoning Ordinance, Article III, Section lO0-31 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 Parcel 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 For Article
XIII~ Section 100-136(E)] for approval 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), Orient, 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, May 15, 1986 and
~rward two affidavits of publication on or before May 19th to:
Board of Appeals, Main Road, Southold, NY 11971.
lk
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
?
NOTICE OF DISAPPROVAL
PLEASE TAKE NOTICE that your application dated.../~.....~..fiT....~...(~. .... -.~., 19~..
Hoose No. Street Hamlet
County Tax~p No. 1000 Sectio~ . .~.~ ..... Block . .~ ....... ~t . ~.~ . ....
Subdivision~ ~.~ Map No ..... ~.~. .... Lot No...(.7. ~ ........
is returned herewith and disapproved on the follow~g grounds..~~. ~7~~
. .~.. ~T~L~..~..~/~....~ ~.~.'7... ~~~.. ~
, ~,.~,. ~.,., .~.~.. ~ ~~ ... ~ ~.~.. ~. ~ ....
. ~. zo.o: zz.%. ~.~...~... ~. ~...~/~<c~.. ~/:..z~.
RV 1/80
'FORM NO. 1
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, N.Y. -11971
TEL.: 765-1802
retained ................ ,19 ...
Received - 19
pproved ......... : ....... 19 ... Permit No ............
[sapproved a/c ............. ' .................
(Building Inspector)
APPLICATION FOR BUILDING PERMIT
INSTRUCTIONS
a. This application must be completely filled in by Wpewriter or in ink and submitted to the Building Inspector, with 3
ts of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on premises relationship To adjoining premises or public streets
areas, and giving a detailed description of layout of property must be drawn on the diagram w~ch is part of t~Js appli-
tion.
c. The work covered by this application may not be commenced before issuance 3f Building Permit.
d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit
~ be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy
all have been granted by the Building Inspector.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
filding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws. Ordinances or
guiations, [or the construction of buildings, additions or alterations, or for removal or demolition, as herein described.
~ ~...u.~+ aar~c~ to comply ~'ith all applicabl~ laws, ordinances, building code, housing code, and regulations, and to
mit authorized inspectors on premises and in bttilding for necessary inspections/7 ~ ~ -
(Signature of applicgllt, or name, if a corporation).
(Marling address of applicant)
:ate whether applicant is owner agent, architect, engineer, general contractor, electrician, plumber or builder.
(as on the tax roll or latest lteed) / /
applicant is a corporation, signature of duly authorized officer.
(Name and title of corporate officer)
Builder's License No.
Plumber's License No ........................
Elecmclan s License No ........................
Other Trade'~ License No ......................
Location of land on which proposed work wilt be done ..................................................
House ......................................................... Number Street (' '/'ha:l;; ...............
county Tax MaP No. 1060 Section ..............
Subd,v,slon~:Y/~..'~'~.../~.~.~ ./~. ~.~..'.~.' .~./.~. ::... Filed Map No. ~g~'---. ......... Lot '
./:.Z .........
(Nme)
State existing use and occup~cy of premises and intended use and bccupancy of proposed construction:
.... .... ; ........................... .......
3, N~.,u..e of work (check which appli~ e): New Building .......... 'Additio; ....... Akerat]on
Repair Removal "~- Demolition Other Work
-'~ (Description}
4. Estimated Cost .' T~ .......
' '~ (to be p~d on fiing this application}
5. If dwe!~g~ number of dweE~g units ............... Number of dwe~ing units on each floor
If garage, number of ca~ .........................
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use
7. Dimen~ons of existing stmctures~ if any: Front ............... Rear .............. Depth
HeiSt ............... Number of Stories .. ~ .................................
DLmensions of same structure with ~terations or additions: ~rgnt ................. Rear ..................
Depth HeiSt ~'~ Number of Stories
~ 8. Dimensioas of eh'tire new construction: Front ' Rear ... D~th- ... ~ '
Heic3at ............... Number of Stories
9 Size ef lot: ~r~nt Rea- . ................ Depth
10. Date of ~urchase ............................. Nme of Fomer Omer
1 t. Zone or use district in which premises are situated .....................................................
12. Does proposed construction violate any zoning law, ordinance or regulation: ................................
~ 3. Wilt lot be regraded ............................ Will excess fffli be removed from premises: Yes No
14. N~me of Owner of premises .................. Address ................... Phone No
Name of A~chitec, ........................... Address ................... Phone No
Name of Contractor .......................... Addrea ................... Phone No ................
PLOT DIAGRA~M
Locate clearly and distinctly ail buildings, whether existing or proposed, and, indicate all set-back dimensions from
property lines. Give street and block number or description according to deed, and show street names and indicate whether
interior or corner lot.
/
/
ST~TIE OF NEW YORK, S.S
COUNTY OF .................
being duly sworn, deposes and says that he is the applicant
(Name of individual signing contract)
above named.
He is the .........................................................................................
(Contractor, agent, corporate officez, etc.)
of said owner or owners, and is duty authorized to perform or have performed the said work and to make and rifle this
application; that all statements contained in this application are true to the best of his knowledge and belief; and that the
work will be performed in the manner set forth in the application filed therewith.
Sworn to before me this
........................ day of ...................... 19 _..
Notary Public, . ................................ Cou
/ . . .... .<:?. . . /o . . . . o .
~_~ :/ (Si~ature of applicant)
TOWN OF $OUTHOLD, NEW YORK
~'0g~' ~ P~L FROM DECISION OF BUILDING INSPECTOR
APPEAL NO
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
Name af A};};;iion* ............... o Street and Number '"
~unicipelit~ ..................... S~te
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 Applicd~nt for permit
of
/' Street and Number Municipality State
(,~) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
( )
Street Use District on Z~"~
Map No. Lot No. ' ....
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section aq~d ,Para,~raph. of the Zoning Ovrd, inance by number. Do not quote the Ordinance.)
3. TYPE OF APPEAL Appeal is made herewith for
(//~)~A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Low Chop. 62 Cons. Lows
Art. ]6 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (has)~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
( ) request for a variance
and was made in Appeal No ................................. Dated ...........................................................
REASON FOR APPEAL
( )~ Variance to Section 280A Subsection 3
'/fA
( Variance to the Zoning Ordinance
( )
is requested for the reason that
~'orm z]3! (Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or?dnneees
sary HARDSHIP because
/
2. The hardship created is UNIQUE and is not shared by all properties alike in the immea'ote
vicinffy of this property and in this use,district because _ ~
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CkIARACTER OF THE DISTRICT because
STATE OF NEW YORK
COUNTY OF