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HomeMy WebLinkAbout3345 Southold Town Board of Appeals N1AIN ROAD- STATE ROAD 2,5 SOUTHOLD, L.I., N.Y. 11cj";1 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3345 Application Dated March 14, ]985 (Public Hearing May 2, ]985) TO: Mr. Bruce Vita]e [Appellant(s)] 622 Oak Street Copiague, NY 11726 At a Meeting of the above on your the Zoning Board of Appeals held on June ]3, ]985, appeal was considered, and the action indicated below was taken [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] IX] Request for Special Exception under the Zoning Ordinance Article , Section Request for Variance to the Zoning Ordinance Article VI , Section ]00-60 Request for Application of BRUCE M. VITALE, 622 Oak Street, Copiague, NY 11726, for a Variance to the Zoning Ordinance, Article VI, Section 100-60, for permission to operate a carpenter shop within existing building in this B-Light Business Zoning District. Property Location: South Side of Sound Avenue, Mattituck, NY; County Tax Map District 1000, Section 121, Block 5, Lot 2. WHEREAS, in the Matter at which time a public hearing was held and concluded on May 2, 1985, of Appeal No. 3345, in the Application of BRUCE VITALE, no objections were received for the record; and ~ WHEREAS, the board has considered all testimony and documentation in the record concerning this application; and and and WHEREAS, the board members are familiar with this and have inspected the premises in question the surrounding properties in the area, WHEREAS, the board made the following findings of fact: 1. The property in question is located at the south side of Sound Avenue (Middle Road), Mattituck, NY, contains a total area of 8.427 acres with a width at the building setback line of 242+ feet and frontage along Sound Avenue of 100 feet, and is located in a "B-Light" Business Zoning District; 2. By this application, appellant requests permission to operate a carpenter shop in an existing 60.3' wide by 160.2 feet deep building, set back 12.6 feet at its nearest point from the easterly side property line and ll.1 feet at its nearest point from the northerly property line (a distance 336 feet south of Sound Avenue). 3. Article VI, Section 100-60 does not list a carpenter shop as one of the permitted uses in the "B-Light" Business Zoning District, but does permit same in a "B-l" General Business Zoning District in accordance with Articles VII and XIII. (CONTINUED ON PAGE TWO) DATED: July 9, 1985. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3345 Matter of BRUCE M. VITALE Decision Rendered June 13, 1 985 4. On June 13, 1985, the requested floor plan of the exist- ing building in which the carpentry shop is proposed was submitted for consideration. There are presently eight bays, three of which are proposed at the present time for the carpentry shop, having a total area of 60' by 60', and then one for a garage repair shop, and four bays for rentals as may be permitted by Article VI. In considering this appeal, the board determines that the relief requested will not alter the essential character of the neighborhood and will be within the interests of justice, as noted below. Accordingly, on motion by Mr. Goehringer, seconded by Messrs. Grigonis and Sawicki, it was RESOLVED, that relief be GRANTED AS CONDITIONALLY NOTED BELOW concerning the Matter of the Application of BRUCE VITALE Under Appeal No. 3345: I. The carpentry-shop use as requested be limited to a maximum of four bays (20' wide each)to the southerly end of the existing building; 2. The uses of this parcel are limited to those uses as are permitted by Article VI for this zoning district (B-Light), or as approved herein; 3. The parking and site plan as considered and approved by the Southold Town Planning Board pursuant to the require- ments of Article XIII of the zoning code. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. lk j'GERARD P. GOEHJ~NGER,/CHAIRMAN /July 9, 1985 J RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE ~//~,f~, HOUR Town Clerk, Town of $oufholcl NOTICE IS HEREBY GIVEN, Law and the Code of the Town hearings will be held by the the Southold Town Hall, Main Meeting, commencing.at 7:30 follows: pursuant to Section 267 of the Town of Southold, the following public Southold Town Board of Appeals at Road, Southold, NY at a Regular p.m. THURSDAY, MAY 2, 1985, and as 7:30 p.m. Application for KIMON AND WOODENE RETZDS, by R.W~ Gillispie as agent, Main Road~ Southold, NY for a Variance pursuant to New York Town Law~ Section 280-a, for approval of access over private right-of-way to be located off the east side of Rocky Point Road along the southerly property line of land of Metropoulos and over land of Nowell Estate, to premises identified as County Tax Map District 1000, Section 31, Block 2, Lot 10; and more particularly Lots 2 and 3 of Minor Subdivision No. 81 (1973-Retzo~). 7:40 p.m. Applicat'ion of BRUCE M. VITALE, 622 Oak Street, Copiague, NY 11726, for a Yariance to the Zoning Ordinance, Article VI, Section 100-60 for permission to operate a carpenter shop within existing building in this B-Light Business Zoning District. Property LO~ation: South Side Sound Avenue, Mattituck~ County Tax Map District lO00, Section 121, BLock 5, Lot 2. 7:45 p.m. Application for ANN SABA (by P. SUjeski), 1000 Stillwater Avenue, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section i00-31, Bulk Schedule, for approval of insufficient area and width of lots in this proposed two-lot division located at the South (westerly)!Side of Stillwater Avenues Cutchogue, NY; County Tax Map District 1000, Section 103, Block 07, Lot 007. 7:50 p.m. Sound Avenue, Article III, insufficient land located County Tax Application for GUY SOBERING (by P. Cardinale, Esq.), Mattituck, NY for a Variance to the Zoning Ordinance, Section 100-31, Bulk Schedule, for approval of area of lots in this proposed two-lot division of on the North Side of Sound Avenue, Mattituck, Map District 1000~ Section 121, Block 01, Lot 3.1. 8:00 p.m. Application for MR. AND MRS. HOWARD L. YOUNG (by J: DeReeder), 28545 Main Road, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule, for approval of insufficient area of two lots in this proposed Page 2 - Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting of May 2, 1985 three-lot division of land located on the North the East Side of Browns Hill Road, Orient, NY; District lO00, Section 18, Block 06, Lot 24. Side of Main Road County Tax Map and 8:05 p.m. Application for JAMES PERICONI AND MARION C~MINI, 223 West 21st Street, New York, NY 10011 (by R. Bruer, Esq.) for'a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of lots in this proposed set-off division of land located on the North Side of C.R. 48, Peconic, NY; County Tax Map District 1000, Section 74, Block l, Lot 23. 8:10 p.m. Reconvene Hearing of BAYVIEW DEVELOPMENT CORP./SAGE for approval of insufficient area (and width) of lots in this proposed cluster development at 67380 Main Road, Greenport, NY; County Tax Map District 1000, Section 53, Block 5, Lots l, 1.3, t2.3 (at Breezy Shores). The Board of Appeals will hear at said time and place any and all persons desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Dated: April 17, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By L. Kowalski, Secretary (516) 765-t809 (alt. 1802) Instructions to Newspapers: Please publish once, to wit: THURSDAY, APRIL 25, 1985, and forward seven affidavits of publication by April 30th to: Board of Appeals, Main Road, Southold, NY 11971. TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR ,-TO,THE ZONING BOARD OF APPEALS,:TOWN~OF SO~THOLD, NJ Y: APPEAL NO. ~--~ D^t ...... Name of Appella,n,t Street and Number ................. C ~p.i~gu~ .......................................................... Municipality .... ~..ll2.2.6.....HEREBY APPEAL TO State THE ZONING BQARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED:g/28/84 FOR: Use of premises as carpenter shop A/HEREBY THE BUILDING INSPECTOR DENIED TO ) ( ) Nome of Applicant for permit of ..: ................ l~23..Q~k.CJ~r~.e.t .............. Capiagaa ................... ~/q,¥,.:L 1.72~6 ........... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD ]. LOCATION OF THE PROPERTY .... ;..~2l].0..,~.Qg~.ci,...~ze.n.~.~-'.M~/~..~..t. ti.~.q,q~. ....... ....!.....]..~ ..... Street and Hamlet Zone ......... 1.~1...0,5..2 ....................................................... OWNER(S): ]]ruce Vitale /v~ep No. Lot No. ....i. DATE PURCHASED: . 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 VI , Sectio~ 100-60 3. TYPE OF APPEAL Appeal is made herewith for ¢~x) A VARIANCE to the Zoning Ordinance or Zoning Map ( : A VARIANCE duc to lack;of access (Store of New York Town Law Chap. 62 Cons. Laws Art. 1~ Sec. 280A Subsectiof~ 3 : ~. PREMiOUS APPEAL A previous oppeal ~) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such oppeo! was ( ) request for a special permit ( ) request for a variance ond was mode in Appeal No ................................. Dated ...................................................................... ( ) (x~ ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that we Would like to existing building on the premises. operate a carpenter shop in the Form z~l (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical ~difficuities or unneces- sery HARDSHIP because the nature of the surrounding premises and area makes it economically unfeasible to try !o operate any of the uses allowed under Art. VI, Sec~ 100~60. 2. The hardship created is UNIQUE and is not shared by al! properties alike in the immediate vicinity of this property and in this use district because they are obviously zoned differently as heavy equipmenl is slot, ed agd usec~ in the vicinity. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CFtARACTER OF THE DISTRICT because the ordinance already allows many and varied "light" businesses to be operated. The operation of a carpenter shop is a "light" business as we are only planning to construct tables and sm 11 household furniture, The granling of this use variance will in no way affect the values of the adjacent properties and in no way will said use be detrimental to adjacent property owners, STATE OF NEW YORK ) COUNTY OF Su~£°lk ) Sianature ~ Bruce Vi/ale ' Sworn to this .............................................. day ........................................................ ]9 85 OWNER LAND IMP AGE Nib/V NOR~\,V~L BUILDING CONDITION BELOW ABOVE ACR. TYPE OF BUILDING FARM Tillable 2 Tillable 3 Acre Value Per Acre Woodland S'warnpl~nd FRON']'AGE ON WATER BULKH~xD .-¢ ~ O~ DOCK Legal Notices LEGAL NOTICE NOTICE IS HEREBy GIVEN, pursuant to Section 267 of the Town Law and the Cede of the Town of southold, the following public hearings will be held by the~outhold Town Board of Ap- peals at the Southold Town Hall, Main Road, Seuthold, NY at a Regular Meeting, commencing at 7:30 p.m. THURSDAY, MAY 2, 1~5, and as follows: 7:30 p.m. Application for KIMON AND WOODENE RE- TZOS, by R. W. Gillispie as agent, Main Road, Southo]d, NY for a Variance pursuant to New York Town Law, ~ction 280-a, for approval of access over pri- vato right-of-way to be located off the east side of Rocky Point Road along the southerly property line of land of Metropeulos and over land of Nowell Estate, to prem- ises identified as County Tax Map District 1000, Section 31, Block 2, Lot 10; and more par- ticularly Lots 2 and 3 of Minor Subdivision No. 81 (1973-Re- tz~). t~40 p.m. Application of g22 Oak {S~.~t, Copiague, NY 11726, for la V0riance to the Zoning Ordi- ! nance, Article VI, Section 100-60 ~for ~ermission to operate a car- l~pe.n,~r shop within existing ~ building in this B-Light Business [Zoning District, Property Loca- South Side So.nd Avenue, ~Mattituck; County Tax Map Dis- L~000, Section 121, Block 5, 7:45 p.m. Application for ANN SABA (by P. Sujeski), 1000 Still- water Avenue, Cutehogue, NY for a Variance to the Zoning Or- dthance, Article HI, Section 100. 31, Bulk Schedule, for approval of insufficient area and width of lots in this proposed two-lot divi- sion located at the South (wes- torly) Side of Stillwater Avenue, Cutehogue, NY; Co.nty Tax Map Dish/ct 1000, Section 103, Block 07, Lot 007. 7:50 p.m. ~cation for GUY SOBERIN..G~ p. Cardinale; Esq.), sound Avenue, M~ttituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for ap- proval of insufficient area of lots in this proposed two-lot division of land located on the North Side of Sound Avenue, Mattituck, NY; County Tax Map Dish/ct 1000, Section 121, Block 01, Lot 3.1. 8:00 p.m. Application for MR. AND MRS. HOWARD L. YOUNG (by J. DeReeder), 28545 Main Road, Orient, NY for a Variance to the Zoning Ordi- nance, Article III, Section 100- 31, Bulk Schedule, for approval of insufficient area of two lots in this proposed three-lot division of land located on the North Side of Main Road and the East Side of Browns Hill Road, Orient, NY; County Tax Map District 1000, Section 18, Block 06, Lot 24. 8:10 p.m. Reconvene Hearing of BAYVIEW DEVELOP- MENT CORP./SAGE for ap- proval of insufficient area (and width) of lots in this proposed cluster development at 67380 Ma~n F, oa~t, tJreenpert, NY; County Tax Map District 1000, Section 53, Block 5, Lots 1, 1.3, 12.3 (at Breezy Shores). The Board of Appeals will hear at said time and place any and all persons desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Dated: April 17, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMAN By L. Kowalski, Secretary (516) 765-1809 (alt. 1802) 1TA25-4868 STATE OF NEW YORK COUNTY OF SUFFOLK ANNA LEKKAS of Greenport, in ·aid County, being duly sworn, says that he/she ia Principal Clerk of THE SUFFOLK TIMES, a Weekly New~paper, 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 been regularly published In said Newapaper once each week for one weeks successively, commencing on the 2 5 dayof April 19 85 A ~ _~ ~1'~ ,%~ ~ Principal Cl~rk Sworn to before me this 2 5 dayof ~ri ] 19 R5 ~ ~ONING BOARD MAIN ROAD .~, ~ ~LD, NEW YORK OF HEARINGS NsRsBY nt to section 267 of he ~ L~w and the Code of the Town of Southold. the following public hearings will be held by the Seuthold Town Board -of appeals at the S0athold T~,m Hall, Main Road, Southold, NY at a R~alar 'Meeting, commenc- ing ut 7:30 p.m. THURSDAY, MAY 2, 19~5 and as follows: 7:30 p.m~ Application for KhMON AND WOODENE RET/DS, by R.W. Gillispie as agent, M~iin Road, Southold, NY for a Variance pursuant to New york Town Law, Section 280-u, for approval of acces~ over private right-of-way to be located off the east side of Rocky Point Road along the southerly property line of land of MetropoUlos and over land of Nowell Estate, to premises identified as County Tax Map District 1000, Section 31, Block 2, Lot 10; and more particUlar- ly Lots 2 and 3 of Minor Subdivision bio. 81 (1973-Ret- / 7:40 p.m. Application of ,622 Oak Street, Copingue, NY 11726, for a Variance to the Zoning Ordinance, Article Vl, Section 100.60 for permission to oper- ate a carpenter shop within existing building in this B- light business Zoning District. property Location: South Side Sound Avenue, Mattituck; kCounty Tax Map District 1000, n~mcti°~ 121, ~lo~k 5, .Lot T. 7:45 p.m. Applicution for ANN SABA Coy P. Sujes~i), 1000 Stillwater Avenue, C'ut- cho~ue, NY for a Variance to the Zoning ordinance, Article HI, Section 100-31, Bulk Sch- edule, for approval,of insuff- icient area andwidth of lots in this proposed two-lot division located ut the South (westerly) Side of Stillwater Avenue, Cutchogue, NY; County Tax Map District 1000, Section Block 07, ~t 007. for Card- COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ..................... ./ ..... weeks successively, commencing on the .......... ?...'~. ~.~. ...... ..... , Sworn to before me this .......... ~.~..~-~ .~. ..... day of ......... . /. ........ 9 . . ?. . Notary Public BARBARA FOR~FS Notary Public, State ot No. Quali£ied in Commission Expires Southold Town Board of Appeals MAIN ROAD- STATE if~OAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS t Apr i'J '[1, 1985 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S.E o Q.R.A. SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significanc~ APPEAL NO.: 3345 PROJECT NAME: Bruce Vita]e This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within-project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [' ] Type II ~ Unlisted [ ] DESCRIPTION OF ACTION: Variance to operate a carpenter shop in the existing building. LOCATION OF PROJECT: Town of ~outhold, County of Suffolk, more particularly known as: 7280 Sound Ave. Mattituck, ~Y SCTM#1000-121-05-2 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The property in question is not located within 300 feet of tidal wetlands or other critical environmental area. (3) The relief requested is not directly related to new construction, FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowals~i, 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 on the Town Clerk Bulletin Board. COUNTY OF SUFFOLK Department of Planning 360-5206 Town of Southold Board of Appeals July 12, 1985 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determina- tion. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) M%micipal File Number(s) Bruce Vitale #3345 Very truly yours, Lee E. Koppelman Director of Planning Ce r~/~f' G. Newman Chief Planner Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .JR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI July 10, 1985 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: XgC~ Variance from the Zoning Code, Article VI , Section 100-60 Variance from Determination of Southold Town Building Inspector Special Exception, Article ,' Section Special Permit Bruce Vitale Sound Ave. Mattituck 1000- 121-5-2 Appeal No.: 3345 Applicant: Location of Affected Land: County Tax Map Item No.: Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Boundary of Existing or Proposed County, State or Other Recreation Area Federally Owned Land Federal Park or or Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to operate a carpenter shop within existing building in this B-light Business Zoning District Conditional approval was granted 6/19/85 (attached) Copies of Town file and related documents enclosed for your review. Dated: 7/10/85 ".~3C~ ~L~'~ Secretary, Board of Appeals Southold Town Board of Appeals .~';~ ~AIN RnAD- ~TATE ROAD 25 ~nUTHOLD, 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 July lO, 1985 Mr. Bruce Vitale 622 Oak Street Copiague, NY 11726 Re: Appeal No. 3345 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 inda F. Kowalski Secretary Commission To whom it may concern: The building and properties of 7280 Sound Ave. now zonet B light,, if approved, will fall under the restrictions of B1. Any future plans for these properties will conform to that code. Bruce M. Vitale June 13, 19~5 Copies of the Notice of Hearings to the following on or about 4/18/85: L.I. Traveler-Watchman Suffolk Times Town Clerk Bulletin Board Robert W. Gillispie III as agent for Retzos Joseph Levorchick, Esq. for Retzos Mr. Bruce Vitale, 622 Oak Street, Copiague, NY 11726 Mrs. Ann Saba, 93-23 Shore Road, Brooklyn, NY 11209 Mrs. Patricia Sujeski, 1000 Stillwater Avenue, Cutchogue Philip J. Cardinale, Esq., Drawer W, Jamesport, NY for Sobering Mr. Guy Sobering, Sound Avenue, Mattituck Mr. John F. deReeder, 240 Wampum Way, Southold as agent for H. Young Mr. and Mrs. Howard L. Young, Main Road, Orient Mrs. Margaret Young, sister-in-law of applicant Joseph Forchelli, Esq. for Bayview Development/Sage (personally 4/18) ZBA individual files ZBA members ZBA Bulletin Board (office) V. Lessard H. Raynor for Bayview Development/Sage Southold Town Board of Appeals MAIN ROAD- STATI~ ROAD 25 SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS April 11, 1985 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. S. E. Q. R. A. SERGE DOYEN, JR. ROBERTJ. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Si~nificanc~ APPEAL NO.: 3345 PROJECT NA~LE: Bruce Vitale This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [' ] Type II ~ Unlisted [ ] DESCRIPTION OF ACTION: Variance to operate a carpenter shop in existing building. the LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 7280 Sound Ave. Matt~tuck, ~Y SCTM#1000-121-05-2 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The property in question is not located within 300 feet of tidal wetlands or other critical environmental area. (3) The relief requested is not directly related to new construction. FOR FURTHER 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 on the Town Clerk Bulletin Board. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLD, L.I., N.Y. 11g'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO: Office of the Planning Board (Attn: Diane) FROM: Office of the Zoning Board of Appeals (Attn: Linda) DATE: March 18, 1985 SUBJECT: Applications Pending with Z.B.A. and Planning Board To bring you up-to-date and to request your comments or recommenda- tions, the following matters have been filed since our last memorandum to you dated February 8, 1985, and will require action by the Planning Board: Matter of Tentative ZBA Hearing Dominick Varano, by R. Lark April llth as req. Briden Machine March 28th William and Helen Coster by R. Lark April llth as req. Joseph Lizewski April llth Colgate Design (7-11, Cutch.) W. Esseks May 2 Saba/Kislow/Sujeski May 2 Howard L. Young & Wf. May 2 Sobering by P. Cardinale, Esq. May 2 or 23 ~tale May 23 P. Reinhart, R. Bruer, Esq. May 23 H. Conway, R. Bruer, Esq. May 23 or June 13 Perricone & Cimini, R. Bruer, Esq. June 13 Pindar Winery June 13 or 20 Peconic Vineyards June 13 or 20 Cliffside Assoc./Tetaldi/Tide Mark June 13 or 20 J UDITtl T. 'FERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD ~4arch 14, 1985 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 herewith is ZoningAppeal No 3345 application of Bruce Vitale for a variance. Also included is notice to adjacent property owners; Short Environmental Assessment Form; letter relative to N.¥.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey. Judith T. Terry Southold Town Clerk TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. ~ ~ ~' ~'' D^TE ...... Name of Appellant Street and Number ................. .Cnplng~ ............................................................. ~.Y..,1,,J.'/.2.6.....HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED:9/28/84 FOR: Use of premises as carpenter shop WHEREBY THE BUILDING INSPECTOR DENIED TO ................. Bruce...V.[~a~e ...................................... Nome of Applicant for permit of ................... ~2J~.Q&k S.t feet .............. C opia~ue .................... JN.Y..! 1.7.2.6 ........... Street and Number Municipality State ( :y~ PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) PERMIT TO BUILD 1. LOCATION OF THE PROPERTY ........ ]~SO ~O.l~Ud ~.¥ft~u,e,...~¥[~l,t;.~t~,C~. ...................... ~ ....... Street and Hamlet Zone !21~05 2 OWNER (S) - ~y~qq ¥~t~i~. Map No. Lot No. U/~.l~ D~ ~U~C~A$~D: ............ 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 Vi , Section 100-60 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 Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ,~l~) (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 ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (x:Z A Variance to the Zoning Ordinance ( ) is requested for the reason that ~e would existing building on the premises. like to operate a carpenter shop tn the Foden Zl]Z (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the nature of the surroundln~ premises and area makes it economically unfeasible to try to operate any of the uses allowed under Art. VI, Sec. 100-60. 2. The hardship created is UNIQUE and is not shared by afl properties alike in the immediate vicinity of this property and in this use district because they are obviously zor~ed differently as heavy equipment is stored and used in the vicinity. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE ~CHARACTER OF THE DISTRICT because the ordinance already allows many and varied 'light" businesses to be operated. The operation of a carpenter shop is a "light" business as we are only plannin~ to construct tables and sns II household furniture. The grantin~ of this use variance will in no way affect the values of the adjacent properties and tn no way will said use be detrimental to adjacent property owners. STATE OF NEW YORK ) ) ss COUNTY OF Suffolk ) ]~ruce Sworn to this ~-~-'~ day of ........................................................ 19 Rfi NOTARY PUBLIC, b~:~ ~i N*~w York ~o. E2-~,742.503 QuJ~Jed Ill Sllffot~ County BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matt the Petition 'o : Bruce Vitale : to the Board of Appeals of the Town of Southold : TO: 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~ (F~FF4~$~%T4~$~La~a~f%gLq~9~f) (Other) [circ le choice] ~ from Ariicle VI, Section 100-60 of Town of Southoid Code ).~ 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 79. R0 ~r~,md Av~nl~: ~V[n~'t{~lc, k: Nx~ See Schedule A 3. That the property which is the subject of such Petition is located in the following zoning district: B - Light Business District 4. That by such Petition, the undersigned will request the following relief: Permission to use premises as carpenter shop $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare ~ticle VI Sec~ion 100-60, 100-70 [ ] Section 280-^, New York Town Law for approva] of access over ri§ht(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing inthe Suffolk Times and i~i'the Long Island Traveler-Mattituck Watchman, newspapees published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: Bruce Vitale Petitioner Owners ' Name s: same Post Office Address 79.9 ~ Rtrp~, CoDta~%le, NY PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS William W. V~r_t~t~ ~ Steve James M. Michael Ad 666 Lake Shore Drive, Chicago, Illinois 1930 Leeward Drive, Southo[d, NY 11971 Cedar Place, Glen Cove, NY 140 Adams Boulevard, Farmingdale, NY Zl.g'~0t.gg~& 'O'd'O'S'N ~ ~86L 'qed '00g~ tuJod Sd STATE OF NEW YORK ) COUNTY OF SUFFOLK) Russell A. Weber , residing at 7 Unqun Plnaa: Arni~'~r!ll~. ~JV , being duly sworn, deposes and says that on the ~z'~ day of me e-c~ ,19 85 , 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- fice at ~ ~., t r~,~c ~'/ ; that said Notices were mailed to each of said persons by (certified) (r.e~ib~m:e~ mail. Sworn to before me this ~r ~- dayof mR~c_ Pr ,19~ ~otary Public (This side does not have to )erty owners.) be completed on form transmitted to adjoining BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Bruce Vitale to the Board of Appeals of the Town of Southold TO: William W. Wirtz 666 Lake Shore Drive Chicago, Illinois 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~~:dxfx~X~ ,an~, ~,~) (Other) [circle chancel f · . . '~"-~ // rom Article VI, Section 100 60 of Town of Southold Code -~////× f/. ). 2. That the property which is the subject of the Petition is located adjacent to y~erty and is des- cribed as follows: 7280 Sound Avenue, Mattituck~ NY See Schedule A 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: Permission to use premises as carpenter shop $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article VI Sect/on 10D-R0:100-70 [ ] 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) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated Bruce Vitale Petitioner Owners ' Names: Post Office Address fi22 C)nk Ri, re, et CoPia~ue~ NY same TITLE NO. 8408-090261 SCHEDULE A -- Description ALL that cereaJn plot, piece or parcel of land situate, lying and being in the Town of Southold, at Mattituck, Suffolk County, New York, bounded and described as follows: BEGINNING at a mDnu~_nt on the southerly side of Sound Avenue about 380 feet westerly along said southerly side f~u the point where it would be intersected by the direct extension southerly of the westerly side of Cox Neck Road, said point of beginning being the the northwest corner of land of ' Papish, frc~ said point of beginning thence along said land of Papish, two courses, as follows: (1) south 21 degrees 49 minutes 20 seconds east 325.0 feet to a mon%m~nt; (2) north 68 degrees 10 minutes 40 seconds east 176.20 feet to a nun~uant and land of Sepko; thence along said land of Sepko, south 19~degrees 52 minutes 20 seconds east 1524.14 feet to land of Price; thence along said land of Price north 56 degrees 19 minutes 20 seconds west 382.45 feet; thence along land formarly of Sacks, now of Norris north 21 degrees 49 minutes 20 seconds west 1571.46 feet to a mon~u~nt on said southerly side of Sound Avenue; thence along said Southerly side of Sound Avenue south 89 degrees 13 minutes 40 seconds ~st 100 feet to the point or place of beginning. TAX MAP DESI(~ATION: Dist: 1000 See: 121.00 Blk: 05.00 Lot: 002.000 DESCRIPTION FORM NO, 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ .~. PLEASE TAKE NOTICE that your application dated .., .~,~{I~.-~'~'....~.-....2..~, ..... 19 for pe~it to construct.. ~ ~.-- .%~ .................. · .................. at Location of Property qq~O ~ ~ .~~~ County Tax Map No. 1000 Section ... ~. ~ .I ...... Block ..... ~ .~ .... ~t . , ~ .......... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds..~"q~. V . .~ .... .~.~ :.~. ?., .2 .~. p,~ .'~...~k,~..~.~-~..~. ~ :.~..~. ~., .~..q~ .~¢. ~.~.. ?~ ,.'~.~, ~ ~. ..... ..... ~ Bulldog Inspector RV 1/80 The ;;.Y.S. [L'~v~ronmen[al Quality i<~:v,,::w ;..ct. ruq~r(~.s sub- mission of thi~form, and alt envir'onmen[q~review will be made by this board before any action is t~BFen. INST~t~TIC5 S.~. (a} In order to answer the questions in this short gAF is is assum, ed that the preparer wi!! use currently available lnforr, aticn concerning the pro Jet: and l~ely ~c%s of the ac[ion, IC is no= e~ec%ed ~= addi:ional s[udie~ or o%her tnves:igations w~i be ~derta~en. (b) If any qued%ion has b~en answered Yes the pro~ec~ ~y be ~i~ifican~ and cc~p!eted Environmental A~seszment Fo~ i~ necesoary. (c) If all questions have been answered No 1% ia l~ely t~[ this project ,n9% significant. (d) ~viro~mental Assessment l. W~l proJec: reset in a larse physical to the project site or physically al%er more =~n 10 acres of land? · · · · · · · · · · · · Tea X No 2. Will there be a ~Jor change ~o any ~lque or unusual land fo~ fo~d on ~he sl~e? · , , . Yes . ~ No 3. W~l ~roJec~ alter or ~ve a lar&e effsc~ on an existing body of wa%er~ · · · , · · , , , Y~s X &, W~I proJec~ have a potentially large ~ on ~o,~dwa%er quality? , , . , . , . , · · · YeS X ~. W~I projec~ si~ificantly effec~ drayage ~ on ad~ace~ sites? · · · , · · · · · · · YeS ~ NO 6, Wi!l project affect any t~eaDened or endangered plan~ or anal species? , , , , · · · , , , -- Yes X 7, W~I projec~ rest% in a major adverse effect on air quality? , .... , . , , , , Y~s X 8. W~I pro Jet: hays a major ~ff~C~ On visual at,er of the con, unify or sc~nlc views or vistas kno~ ~o be ~por~an~ %o the uom.muni~y? , · · Yes X No 9, Will pro Jet: adversely ~pac~ any si:e or s=~c~ ute of his:oric, pre-~is~oric~ or paleon:ological importance or any site desl~a~d as a crl:%=al X envlro~en~l area by a local a~ency? . · · Yes---- No 10. W~I 9~o]ac~ have a ~]o~ effec= on exis~ O~ fu~ure recrea~ional oppor%~i%l~ . . , Yea .,,~ NO 11. Will projec~ resul~ In ~Jor %raffle pro$1ems or cause a maJoF effect to existing eye=ems? , , ~ , , , . . , , . , Yes..X 12. Will proJec~ reg~arly cause objectionable noiue, glare, vibration, or electrical dis%ur~ ante as a rest% of the project's operation? · Ye~ ~ 13. Will project have any imqac% on 9ub].ic health or safety? . . . . . . . . . . , . Yes..X No l&. Will projec~ Affec% %he exis:ing co~uni~y by directly causing a ~rcw=h in permanent ..on of more than 5 percen% over a one--year period er have a ma3or negative effecL on the charac~e~ of the com.~unity ~r neighborhood?.. Yes X,, ~o [5. Is %here public con=rovers7 concerting the project? .... Yes ~ No ~ruce v l[a[e REPRESENTING: DATE: JESTIONNAIRE TO BE COMPLETED AND FILED WI'FH APPLICATION TO THE Z.B.A. The New York State Tidal Wetlands and Use Regulations, 6 NYCRR, Part 661, requires an application to the N.Y.S. Department of Environmental Conservation, Environmental Analysis Unit, Building 40, $.IJ.N.Y., Stony [3rook, NY 1179q, (tel. 516-751-7900), if you have checked Box #1 and/or Box #6 below. Please either call their office or personally visit them at their Stony Brook office for instructions and application forms. Once you have received written notification of approva please provide our office with a copy (with the conditions) as early as possible in order that we may continue processing your Z.B.A. application. [ ] I. [ I 2. [ ] 4. D(] 5. [ ] 6. [ ] 7. Waterfront without bulkheading Waterfront with bulkheading in good condition [ ] the full length of the property [ ] at least 100' in length Not located within 300' of waterfront or wetlands area May be located within 300' of waterfront or wetlands area; however, the following structure separates my property from this environmental area: [ ] 50' existing road [ ] existing structures [ ] bluff area more than 10' in elevation above mean sea level This proposed addition/expansion of an existing building will be more than 75' from the landward edge of tidal wetlands/waterfront areas. This proposed addition/expansion of an existing building will NOT be more than 75' from the landward edge of tidal wetlands/waterfront area. Please be aware that any and all subdivisions and new dwellings will also require an application to the N.Y.S. Department of Environmental Conservation for their review and approval. If you are able to provide them with recent photograpi~s of the project and wetland areas, it would help expedite the processing of your applica- lion. This questionnaire is made to explain the requirements of this State Law and to prevent any unnecessary delays in processing your application(s). ,POA O (C ~ 27,4) YOUNG & YOUNG 4'30 (.P~TR~,NDER AV~_t~U['r P, IVEEHEAD, ?.JEW SURVEY FOR,' JOSEPH MEGLIO I~ DOLORES MEGLIO MATTITUCK oF SOUT,HOLD SUFFOLK CO., N Y