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HomeMy WebLinkAbout3359 Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOI-D, I..I.. N.Y. llCJ'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3359 Application Dated April ]2, ]985 TO: Environment East, Inc. as Agent for THOMAS YASSO 3075 Indian Neck Lane Peconic, NY 11958 (Public Hearing June 13, 1985) [Appellant(s)] At a Meeting of the Zoning Board of Appeals h~ld on Ju]~ 18, ]985, 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 [ ] Request for Variance to the Zoning Ordinance Article , Section EX] Request for Variance Pursuant to ZBA Decision 5/22/75 under Appeal No. 2029 for Proposed Addition Application for THOMAS YASSO (Williston Beverage), by Environment East, Inc., 3075 Indian Neck Lane, Peconic, NY for a Variance pursuant to Z.B.A. decision rendered 5/22/75 under Appeal No. 2029 for a proposed addition which will exceed the restricted lot coverage for this "B-l" General Business zoned parcel located at the south side of Main Road, Mattituck, NY; County Tax Map Parcel No. 1000- 122-3-5. WHEREAS, a public hearing was held and concluded on June 13, 1985 in the Matter of the Application of THOMAS YASSO; and WHEREAS, the board members have considered all testimony and documentation entered into the record in this matter, including testimony in opposition during the public hearing; and WHEREAS, the board members are personally familiar with this property, its surrounding business and residential uses, and the hazardous traffic and parking situation in this area; and WHEREAS, the board made the following findings of fact: 1. By this application, appellant requests permission to construct a 7' by 15' addition to the present building for addi- tional refrigerated storage space as shown on the November 13, 1984 application for a building permit. 2. On December 3, 1984, the building inspector issued a Notice of Disapproval for same on the grounds that same would not be in conformity with the May 22, 1975 conditions of Zoning Board of Appeals decision under Appeal No. 2029 which limited an addition to a 64' by 30' size. 3. The premises in question is located on the south side (CONTINUED ON PAGE TWO) DATED: August 6, 1985. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 - Appeal No. 3359 Matter of THOMAS YASSO Decision Rendered July 18, 1985 of the Main Road (State Route 25), directly south of its intersec- tion with Pacific Street. 4. This parcel contains an area of approximately ll,O00 sq. ft. with frontage along the Main Road of 90.85 feet, with reductions in width to 26.80 feet along the rear (south) property line. 5. The subject parcel is improved with a one-story concrete block building with an attached one-story metal building, having minimal setbacks: (a) from the northerly [road property line at 15± feet (b) west side yard at 7+ feet (c) south rear yard at 18'9" (d) east side yard at 15'8" 6. In personally visiting the premises, the board finds a very hazardous situation for trafficking in the front of this property, as well as insufficient parking facilities, insufficient egress and ingress, traffic congestion, inefficient and unsafe circulation of vehicles and pedestrians. In considering this application, the board finds that: (a) the relief requested is not in the interest of the protec- tion and promotion of the public health~ safety, welfare; (b) the relief requested is substantial in relation to the zoning and off-street parking requirements; (c) by allowing the variance, there will be an adverse affect on adja- cent properties for their safe circulation of vehicles and pedes- trians since the applicant's available open area is being reduced; (d) the circumstances of a~plicant's difficulties are not unique; (e) in view of the manner in which applicant's difficulties arose, the interests of justice will be served by denying the variance, as noted below. Accordingly, on motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, to deny the relief requested under Appeal No. 3359 in the Matter of the Application of THOMAS YASSO (Williston Beverage). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members present. lk August 6, 1985 IRECEIVED AND FILED BY THE SOUTHOLD TOV~/~ C~PIK hATE ¢ HOUI / .' ~k, Town of South~l_d NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of ~outhold, the following public hearings will be held by the Southold Town Board-of Appeal~ at the Southold Town Hall, Main Road, Southold, NY a~ a-Regular Meet- ing, commencing at 7:3~p.m. on THURSDAY,-~JUNE 13~ 1'~85-~ -~nd as - follows: 7:30 p.m. Application for HELEN CONWAY, by R.H. Bruer, Esq., Main Road, Sou~hold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient lot area, width and depth of proposed parcel to be set off, located at the South Side of Chestnut Road, Southold: NY; County Tax Map Parcels No. t000-59-03-003 and 004. 7:35 p.m. Application for ALICE SZALA by Stanley Karanewski, P.O. Box 498, Cutchogue, NY 11935 for a Variance pursuant to New York Town Law, Section 280-A, for approval of access over a private right-of-way known as "Williamsburg Drive," located off the South Side of Main Bayview Road, Southold, NY, to premises identified on the County Tax Maps as 1G00-78-05-17. 7~40 p.m. Application for DR.t]JAY P?~A~D M. SLOTKIN, by A. Wickham, Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30, and as required by Z.B.A. Appeal No. 2932 for permission to construct addition to existing professional office known as 49725 Main Road (a/k/a 50 Ackerly Pond Road), Southold, NY; County Tax Map Parcel No. 1000-70-05-004. 7:45 p.m. Application for EUGENE DAVISON, 4300 Sound A~enue, Mattituck, NY for.a Variahce to the~Zohing O~dinan~6,~ Article III, Section 100-31, Bulk Schedule, for appnoval of lots of insufficient area a~d lot width in this proposed division of land (106-13) located at the South Side of Sound Avenue, Mattituck, NY County Tax Map Parcel No. 1000-121-3-5; containing 12.6+ acres. by~En 7:55 p.m. Application for THOMAS YASSO vironment East, Inc., 3075 Indian Neck Lane, Peconic~ NY for la Variance pursuant to Z.B.A. decision nendered 5/22/75 under Appeal No. 3189 for proposed addition which will exceed the i~estricted lot coverage for this ~'B-I" General Business zoned parcel located at the South Side of Main Road, Mattituck, NY; County Tax Map Parcel No. 1000,122-3-5. (Williston Beverage), Page 2 - LegaliNotice of Hearings Southold Town Board of Appeals Regular Meeting of June 13, 1985 8:00 p.m. Recessed Hearing of JEAN HOLLAND, by M. Hall, Esq. (from 5/23/85). Recessed Hearing of HOWARD L. YOUNG, My J~ DeReeder (from 5/2/85). The Board of Appeals will hear at said time and place 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: May 23, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By L. Kowalski, Secretary (516) 765-1809 (alt. 1802) Instructions to Newspapers: Please publish once, to wit: THURSDAY, JUNE 7, 1985, five (5) affidavits of publication by June llth to: Appeals, Main Road, Southold, NY 11971. and forward Board of Copies to the following on or about 6/3/85: Suffolk Times L.I. Traveler-Watchman Town Clerk Bulletin Board Z.B.A. Bulletin Board Rudolph H. Bruer, Esq., Attorney for Mrs. Helen Conway Mr. Stanley Karanewski, Four Sails Realty, as agent for Alice Abigail A. Wickham, Esq. as Attorney for Dr. and Mrs. Jay P. Mr. Eugene Davison Environment East, Inc. as agent for Thomas Yasso Szala Slotkin Z.B.A. Members Z.B.A. individual files Building Inspector TOI~W OF S@UTHOLD BUILDING DEPARTr~ENT TOBLN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ,-~. ........ .,v:..~ .... .,,&>.~.. .... PLEASE TAKE NOTICE that your application dated ....~..O.-'~. County T~x t~p No. '~000 Sectio, . ../d~ ...... ~look . OZ.: ....... ~t ,.O.~ ~.--. ..... Subdivision ................. Filed Map No ................. Lot No .................. Building Inspec%or RV 1/80 TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.' .~..~v,~ DATE ....... ..~.~/.~a ..... TO TH E ZONING BOARD O~F APPEALS, TOWN OF SOU~T. HOLD, N. Y. Environraent ~nst, Znc Ns agent ~o~~ 1, (We) gJ~Qz~.s.,.YP,.a~.Q ..................................... of ~0~.~ Indian Neck .~ one Name of Appellant Street and Number Pec ap. ia 7. ................................................................................................................................. APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO .................................. DATED .t,,1,/...1.,}./.~.:..~. .............................. of WHEREBY THE BUILDING INSPECTOR DENIED TO ,. .................................................. Name of Applicant for permit ~r~l~' Indi Feck L n~, }' ' '~ 119~ Street and Number Municipality State ) PERMIT TO USE ) PERMIT FOR OCCUPANCY Permit toBuzld' LOCATION OF THE PROPERTY ll%PO ,'nih Rood So~ ~erci~l Street Use District on Zoning Map ...... ~,0..OP.......,.%~... I~.% ..~lk ..~. 3.....A{;.t... 0.O~ .... Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub- sechon and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) - ~re-~_! '~? ch~.nse previous Fqom~. z~o~,~ Dead,ion of ~,/2Y'./7~ 3. TYPE OF APPEAL Appeal is made herewith for (~) A VARIANCE to the Zoning Ordin.ence or Zoning Map ( ) A VARIANCE due to lack of access ~State of New York Town Law (~hap 62 Cons. Laws Art t6 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not' been 'made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special oermit (X) request for a vanance and was made in Appeal No ....... ~.0.~ ................. Dated ..3/.S~'...7.~. ................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance (X) ~ Variance ~e',~re,vio0. s dacis ion is requested fo~'the r~ason that ~11 vaitabl6 with the sv, orage an~ sorting bins ~c the new "Bot%ie Bill" Form (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sery'HARDSHIPbecause New flem~nds or] o~:~-~.atin~- ~ocedure ~'~'aire~ additional refrigePation space an~~ the internal snace originally ~lanned for this coolin~ s~ora~e h~s been va-eh ~ by the of the new Bottle Bill". 2. The hardship created is UNIQUE end is not shared by all properties alike in the immediate vicinity of this property and in this use district because on].7 the, beverage business b. as to deal ~ith the i~re,~sed storage space no~ ~ec~ired by the new "Bottle Bill". 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICZ~because The area ~o 'ne ut±]ized £o? ~h2s smaTL~ (~0 Sq Ft) ~ddition ~s a come:~ created bv adjoining b~i~dln~s s~nd involves no changes in any tperatin? ?roeeUu~eso It does s~fect nar~.ing, ingress, emress or ,~r~ea~ance. it is i~ ~,ffecz un- Usable ~p,~ce at present. STATE OF NEW YORK ) ) ss COUNTY OF ) Sworn to this .............................................. any o ...~ ............................................ ~9~c~-- Notary Public OWNER OWNER SEAS. YL 'FARM .P , t~. t TOTAL DATE REMARKS VILLAGE LO¥ TYPE'OF BUILDING ...... AGE NE'W NORMAL FAR/~^ Acre Tillable Woodland Meodowbnd DEPTN BUILDING CONDITION/ BELOW ABOVE Value Per Acre Value .FRONTAGE ON W/%TER FRONTAGE ON ROAD ..... MIC~.. /.~.kt, Volu¢ Town of Southold Zoning Board of Appeals COUNTY OF' SUFFOLK DEPARTMENT OF PLANNING (516) 360-5.513 Applicant: Zoning Action: Mun. File No.: S.C.P.D. File ~o.: l~]omas Yasso 3359 SD-85-12 LE:E E~. KOPP[LMAN August 19, .~985 Board of Appeals To,,: n ol Southold Gentlemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Appears inappropriate as sufficient information has not been submitted to demonstrate compliance with applicable variance criteria. GGN:jk Very truly yours, Lee E. Koppelman Director of Planning by Gerald G. Newman Chief Planner 11788 Southold Town Board of Appeal MAIN ROAD- STATE RnAD 25 SOliTHOLD. L,I., N.Y. 11971 TELEPHONE 15161 76b Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the fo]lowing to the Suffolk County Planning Commission: Variance from the Zonin~ Code, Article , Section Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Request for VarianCe Pursuant to Z.B.A. decision rendered under Appeal No. 2029 Appeal No.: 3359 Applicant: Thomas Yasso Location of Affected Land: Main Road Southold,NY County Tax Map Item No.: 1000-122-3-5 Within 500 feet o£: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) XX~ State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally- Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Existing or Proposed Right-of-Way of Any Stream or Drainage ---- Channel Owned by 'the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant Within One M~]e of An A~rport. COMMENTS: Applicant is requesting pe~nission to will wxceed the restricted lot coverage for %~'is B zone limits set under Appeal 2029 5/22/75 add an addition which Copies of Town file and related documents enclosed herewith for your review. Dated: ,.~'.~, Secretary, Board of Appeals Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHOLD, L,I,, N.Y. 11cj'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRiNGER, CHAIRMAN CHARLES GRtGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI August 6, 1985 Environment East, Inc. 3075 Indian Neck Lane Peconic, NY 11958 Re: Appeal No. 3359 - THOMAS YASSO Dear Peter: Transmitted herewith for your records is a copy of the board's findings and determination in the above matter. Yours very truly, Enclosure Copy of Decision to: Town Building Department County Planning Commission Town Planning Board GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski JIJDITII T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 12, 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 Zoning Appeal No. 3359 application of Thomas Yasso for a variance, with Environmental East as agent. Also included is Notice to Adjacent Property Owners; Notice of Disapproval from the Building Department; letter relative to N.Y.S. Tidal Wetlands Land-Use; Short Environmental Assessment Form; and survey. ~ ~Judith T. Terry// Southold Town C~erk LEGAL NOTICE 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 Ap- poals at the Southold Town Hall, Main Read, Southold, NY at a Regular Meeting, commencing a~ 7:30 p.m. on THURSDAY, JUNE 13, 1985, and as follows: 7:30 p.m. Application for HELEN CONWAY, by R.H. Bruer, Esq., Main Road, South- old, NY for a Variance to the Zon- ing Ordinance, Article III, Sec- tion 100-31, Bulk Schedule, for approval of ins~ficient lot area, width and depth of proposed par- cel to be set off, located at the South Side of Chestnut Read, Southold, NY; County Tax Map parcels No. 1000-59-03-003 and 004. 7:35 p.m. Application for ALICE SZALA by Stanley Karanewski, P.O. Box 498, Cutchogue, NY 11935 for a Vari- ance pursuant to Iqew York Town Law, Section 280-A, for ap- right-of-way known as "Will- iamsburg Drive," located off the South Side of Main Bayview Road, Southold, NY, to premises identified on the County Tax Maps as 1000-78-05-17. 7:40 p.m. Application for DR. JAY P. AND M. sLOTKIN, by A. Wickham, Esq., Main Read, Mattituck, NY for a Variance to the Zoning Ordinance, Article 1II, Section 100-30, and as re~ quired by Z.B.A. Appeal No. 2932 for permission to construct addi- tion to existing professional of- fic~ -own as 49725 Main Road 50 Ackerly Pond Read), Soumold, NY; County Tax Map Parcel No. 1000-70-05-004. 7:45 p.m. Application for EUGENE DAVISON, 4300 Sound Avenue, Mattituck, NY for a Variance to the Zoning Or- dinance, Article III, Section 100- 31, Bulk Schedule, for approval of lots of insufficient area and lot width in this proposed division of land (106-13) located at the South Side of Sound Avenue, Mattituck, NY County Tax Map Parcel No. 1000-121-3-5; con- taining 12.6 + acres. :55 p.m. Application for OMAS YASSO (Williston Beverage), by Environment East, Inc., 3075 Indian Neck I Lane, Peconic, NY for a Variance pursuant to Z.B.A. decision re- ndered 5/22/75 under Appeal No. 1189 for proposed addition which 'ill exceed the restricted lot )verage for this "B-I' General ,usiness zoned parcel located at · e South Side of Main Read, ~Iattituck, NY; County Tax Map 'arcel No. 1000-122-3-5. 8:00 p.m. Recessed Hearing of JEAN HOLLAND, by M. Hall, Esq. (from 5/23/85). 8:10 p.m. Recessed Hearing of HOWARD L. YOUNG, by J. De- Reeder (from 5/2/85) The Board of Appeals will hear at said time and place all persons desiring to be heard in each of the above matters. Written com- ments may also be submitted prior to the conclusion of the sub: ject hearing. Dated: May 23, 1985. BY ORDER OF THE SOIITHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By L. Kowalski, Secretary (516) 765-1809 (alt. 1802) 1TJ6-4909 STATE OFNEWYORK ) ) SS: COUNTY OF SUFFOLK ) ANNA LEKKAS of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published et 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 Newspaper once each week for one weeks successively, commencing on the 6 dayof June 19 85 Principal Clerk Sworn to before me this 6 day.~ Jun~ ~ 19o~ GARY FLANNER OLSEN DV~ / COUNSELLOR AT LAW ,~/;//~)/ (~,~,',~ P. O. BOX 706 · HAiN ROAD , CUTCHOGUE, LONG ISLAND, NEW YORK 11935 · PHONE 516 734-7666 June 13, 1985 Gentlemen: Re: Application of Thomas Yasso by Environment East- Tax Map #1000-122-03-005 Please be advised that I represent the Estate of Hedwig Kander, aka Hedwig Kinder, the owner of premises to the east of the subject premises, and submit this letter in opposition to the application of Thomas Yasso by Environment~ East, to add an addition to the existing building. This applicant has already made an application to the Zoning Board of Appeals to construct an addition back in March of 1975 (AppeaI #2029). The Zoning Board, in its decision dated May 22, 1975, granting the variance, specifically made such approval subject to the condition "that applicant shall be limited to a 64' x 30' addition". It is respectfully submitted that since the applicant raised no objection to the Board's condition and never filed a Notice of Appeal from same, that the Board's condition at this date should not be changed or altered. As I am sure the Board is well aware, there is a serious traffic control problem with the existing buildings and any further construction increasing the size of the existing buildings would only further aggravate an already extremely difficult and dangerous situation. There is no basis on which the Board should change its mind and nothing new has been shown by the applicant as to why the decision of May 22, 1975 should at this late date be modified - to the contrary, the traffic control problem has only become worse since 1975 and to increase the size of the building and operation of this business on such a small parcel of property, would not be in the bes%i: interest of the Town of Southold or surrounding properties and would adversely affect the public welfare and safety of the community. Accordingly, I urge the Board Lo deny the applicant permission to increase the size of its existing building and to abide by its deci,s, F6'ff~of May 22, I975 (Appeal #2029). / Very t ru/~,~you rs// GfO:mew Southold Town Zoning Board of Appeals Main Road Southold, NY 11971 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SClUTHOLD, L.I., N.Y. 11971 . TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS May 23, 1985 GERARD P. GOEHRINGER, CHAIRMAN S.E.Q.R.A. CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION ROBERT J. DOUGLASS JOSEPH H. SAWIOKI Notice of Determination of Non-Significance APPEAL NO.: 3359 PROJECT NAME: Thomas Yasso 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: variance pursuant to ZBA decision rendered 5/22/75 under Appeal 3189 for addition which will exceed lot coverage for "B-l" non 1 . ~C~ OF PROJECT. Town of Southold, County of Suffolk~ more particularly known as: South Side of Main Road, Mattituck, NYC F~122-3-5 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' of tidal wetlands or other critical environmental area. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, 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 o£ Appeals MAIN RCIAE)- STATE ROAD 25 sOUTHOLD, L.I., N.Y. 1lc:J?l TELEPHONE (516) 765.1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKi May 13, 1985 Environmental East 3075 Indian Neck Lane Peconic, New York Re: Appeal No: 3359 Matter of Thomas Yasso Dear Sirs: This letter will acknowledge receipt of your recent applica- tion. The Members of the Board of Appeals will be conducting field inspections and environmental reviews as may be required by State and Local Laws prior to their scheduling your application for public hearing. Although the earliest available date for public hearing at this time is on or about early July, written confirmation will be sent to you within the next couple of weeks. A copy of the legal notice of hearing will be sent to you prior to publication in the Suffolk Times and L. I. Traveler-Watchman by our office. Please feel free to call if you have any questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Barbara Rudder 7; ~r~ DETAIL I0 '= l" E. ~K[UMENI' 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 RDAD 25 E;[3UTHDL,D, L.I., N.Y, TELEPHONE (516) 765 1809 TO WHOM IT MAY CONCERN: Please find enclosed herewith copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, L.I. Traveler-Watchman, Inc. and Suffolk Weekly Times, Inc..indicating the time and date of your recent application with the Board of Appeals. Someone should appear~in behalf of the applicant'at the public hearing in the event there are questions from board members or persons in the audience. If you have any questions, please do not hesitate to call our secretary, Linda Kowalski, .at 765-1809 (or if no answer, 765-1802). lk Enclosure Yours very truly, GERARD P. GOEHRINGER CHAIRMAN , LEGAL NOTICE NOTICE I5 HEREBY GIV- EN, 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 Soutbold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting, commenc- ing at 7:30 p.m~ on THURS- DAY, JUNE 13, 1985, and as follows: 7:30 p.m. Application for HELEN CONWAY, by R.H. Brunt, Esq., Main Road, Soathold, NY for a Variance to the Zoning Ordinance, Article HI, Section 100-31, Bulk So~edule, for approval of insufficient lot area, width and depth of proposed parcel to be set off, located at the South Side of Chestnut Road, South- od, NY; County Tax Map p~r- :'els No. '1000~59~03-003 and 7:35 p.m. Application for ALICE SZALA by Stanley Kacanewskt, P.O,' Box 498, Cutebogue, NY ll~r3S for a Variance pursuant to New York Town Law, Section 280- A, for appreval of nee'ess over a private right-of-way known as "Williamsburg Drive," lo- cated off the South Side of Main Bayview Road, Southold, NY, to premises identified on the County Tax Maps as 1000-78-05-17. 7:40 p.m. Application for DR. JAY P. AND M. SLOT- KIN, by A. Wickhum, Esq., Main Road, Mattituek, NY for a Variance to the Zoning - Otdioance, Article HI, Section 100-30, and as requited by Z.B.A. Appeal No. 2932 for permission to constt~ct addi- tion to existing professional or, ce known as 49725 Main Road (a/k/a .50 Aekeriy Pond Road), Southold, NY; County Tax MaP Parcel No. 1000-70-. 05-004. 7:45 p.m. ApplicatiOn for EUGENE DAVISON, 4300 Sound Avenue, Mattituck, NY for a Variance to the Zoning Ordinnnca, Article HI, Section 100-31, Balk Schedule, for appreval of lots of tnsut~eient area and lot width in this proposed division of land (106- 13) located at the South Side of Sound Avenue, Matittuck, NY County Tax Map Parcel No. 1000-121.3.5; containing 12.6+ acres. ~/TH70:55 p.m. AppliCation for MAS YASSO (Williston ~Bevorage), by Environment ~East, Inc., 3075 Indian Neck ~Lane, Peconic, NY for a ~ Variance pursuant to Z.B.A. ? decision tendered 5/22/75 un- : der Appeal No. 3189 for i ~ proposed addition which will ~ exceed the restricted lot covet- Rage for this "B-I" General ~Business zoned parcel located ~at the South Side of Main i Road, MattRuck, NY; County ~ Tax Map Parcel No. 1000-122. 8:00 p.m. Recessed Hearing of JEAN HOLLAND, by M. Hall, Esq. (Prom 5/2,3/85). 8:10 p.m. Recessed Hearing of HOWARD L. YOUNG, by J. DeReeder (from 5/2/85). The Board of Appeals will hear at said time and place all persons desiring to be heard in each of the above matters. Written comments tony also be submitted prior to the con- clusion of the subject heating. Dated: May 2~, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEAgS GERARD p. GOEHRINGER, CHAIRMAN By L. Kowalski, Secreta~ (516) 765-1809 (Alt. 1802) IT-6/6/85(8) 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 ....... .......... , Notary Public BARBARA FORBES Notary Public, State of New York No, 48(~M6 Qualified in Su£foik County Commission Expires March 3~, 19 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2:5 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 1985 APPEALS BOARD ~'~y , MEMBERS GERARD P. GOEHRINGER, CHAIRMAN S · E · Q · R .A . CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION ROBERT J. DOUGLASS JOSEPHH. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3359 PROJECT NAME: Thomas Yasso 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 withiq project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that ~his declaration should not be considered a determination made for any other department or agency ~%ich may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II [X] Unlisted [ ] DESCRIPTION OF ACTION: variance pursuant to ZBA decision rendered 5/22/75 under Appeal 3189 for addition which will exceed lot coverage for "B-l" z°n~c~8~loF PROJECT: Tow~ of Southold, County of Suffolk, more partiCularly known as: So~th Side of Main Road, Mattituck, NYC~M~122-3-5 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant ~dverse 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' of tidal wetlands or other critical environmental area. 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. TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. '-~ 3,5 ~ DATE ...Q.,,/..Q.~./.~.~;.~.. ~- lsd- ~-_~ " TO THE ZONING BOARD O.I: APPEALS, TOWN OF SOUTHOLD, N. Y. Enviro~?~nt ~st, I~c os s~ent for ...... ~.s ........... a ..................................... of ~0~ I~dzan ~eek lane ~ ~, (w~)'?~ ..... '~ ...... ~.~ .......... i ........ i ........................................... Nome of Appellant Street and Number ': ~ c c: ni c .... ti?!...~.%~:.....HEREBY APPEL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .1..1,/..1.,3/.~.~. .................................. WHEREBY THE BUILDING INSPECTOR DENIED TO Envi?o~me~t ' ,~, i~o ns ~'~nt e~ .. ! if. 2:1 :: .%_..[% ~ .~.9. .................................................. Nome of Applicant for permit 3.~l.~...~L.d..%%~...::~m%!:....~,~S~.,...~.~ ?.r:..~.~.....L..~{.....~!~a:~ .............................. Street and Number Municipality State () PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) iermit to Buz],d 1. LOCATION OF THE PROPERTY .ll.~.~2.0...k.?..~B...(.t.o..n.cl. ....................... ~..o. Dp..f;.C..q.z..?.~ .................. Street Use District on Zoning Map Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do nat quote the Ordinance.) (X ( 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 (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit (~) request for a variance and was made in Appeal No ....... ~.0.~57 ................. Dated ..3/..3~.Z.5. ................................................... ( ) ( ) (X) is requested for the reason that wilh %he a~or~e t~e n,r "Bottle REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance i Vqrianne tc ~reviews der'ision §1! vsil~ble nwl snrtin7 bins :I ] . ir~iernal spsce }::.~s be, eh taken up to yroperty fleet the requirments of Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Few ~e~n~s on oy~.atin~· ~rocedure r~'~Jire~X~ a~dition~ refrigeration s~ce an~ the internal space o~i~ina!]y p]~ne~ for this coo!in~ stor,~ge ~as been ta~'en ~p by the ~e~s of the new "BoOtie Bill". 2, The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because o~r t~ ~ev~_'2~'o bt~$~e~s h.n~ t,'~ ?e~l with the iv'tt~e se~ stors~e space now recurred h r tl~e ne~,? " Bottle Bi]].". 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The ~re~ ¢o be u~]]ized £o~, this sr~al[ (120 Sq Ft) ~dditien is a cor~o~ created by adjoi'~i~ b~i~din?s eud involves no ch~n~es ~ an2; of~erating Frocedures. It does not e~f~ct ?r iud, [nfress, e~r~ss or r~ea~ance. It is ir~ ~ff,~ct un- usable sv,ce at ~rese~t. STATE OF NEW YORK ) ) ss COUNTY OF ) Sworn to this /02 ~ day of ........ ~ 19 ~f~'~--- BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. Thane intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~¥~a.[ianc~£~c[.~--Ex~epti~! p~,ml,} {,h~ f~lLe,¥!ng-Fetief: I. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- 3. That the property which is the su~ct of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: s~s~e~ ~s r~m~ired b~ zonin~ ~oavd of ~v~e~,ls Dec~sion 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: ~.~ t~c~e:; ~ ~ec ~ on;,: /~) - ,DO 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 may then and there examine the same during regular office hours. 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: LL/?/,'; E'~virommmot -~st, inc as [~ent Petitioner Post Office Address · ~, ~eck Lane fec~ nic, '-'Z 119~8 NAME PROOF OF MAILING OF NOTICE ADDRESS P 270 194 05: RECEIPT FOR CERTIFIED I NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) REET AND NO POSTAGE P 270 194 RECEIPT FOR CERTIF NO iNSURANCE COVERAGE PR, NOT FOR INTERNATIONAL (See Reverse) P 270 194 057 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAOE PROVIGED-- NOT FOR INTERNATIONAL MAIL (See Reverse) SENTTO POSTAGE =i STATEOFNEWYORK) COUNTY OFSUFFOLK) SS.: , being duly sworn, deposes and says that on the I ~ day of ~ ,19 %~ , deponent mailed a true copy of the Notice set forth on the re- verse s of, directed to each of the above-named persons at the addresses set opposite thor respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the curre~smen~ roll of the ~own of Southold; that said Notices were mailed at the United States Post Of- rice at re? ~ ~. c' ~.~ ~ ; that said Notices were mailed to each of said persons by (certified) (registered)~il. ~~~~~- _/- . Sworn to before.me this /~ ~ day of ~3/L~C ,19 fS~ ~, / Nofary Publi? (T0'd~ ~s Date) To: Southold Town Board of Appeals Main Road $outhold, NY 11971 Appeal Application of~nv~:~om~.~ Location of Property= ~i~0 .~i u ~r~rt Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the ~bjeot property in the withi~ appeal application: (please check one box) ] May be located within 300 feet of tidal, wetlands~ however, constructed along the water-lying edge of this property ~s a bulkheadin very good condition and at least 100 feet in length.* May be located within 300 feet of tidal wetlands~ however, constructed along the water-lying eOge 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 along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does no= appear to fall within the jurisdiction of the N.Y.S.D.E.C.] p( o.ur s, t ~'GVi PON~lOmt ~] S . SHOkT ,.~ . . VIRONktENTAL ASSESSt~ENT FO,~!4 ~ ~N~TRU~TIONS: ' '~' '-~ -'----(o) In order %o answer tile questions in this short EAF it is assumed 'f ~hot the preparer will use. currently ova%table information concerning the project and the likely impacts of the action. It is not expected that. additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) If all questions have been ans~vered No i% is likely thai this project is not significant. (dj Environmental Assessment '' 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? ........................ Yes XNo 2. Will there be a major change to any unique or -unusual land form found on %he site?. .......... Yes,~No 3, Will project alter or have a large effect on existing body of water? ....................... Y95.~ N~ 4. Will project have a potentially large impact Yes 2( an groundwater quality? ....................... 5. Will project significantly effec% draSnage flow on adjacent sites? ........................ ..Yes. ~ No. 6. Will project affect any threatened or endangered plant or animal species? ........... Yes F No 7. Will projeci result in a major adverse effe6% ali%y? Yes ,~' No on air qu .............. - ................. ... . , 8. ~'lill project have a major effect on visual character of the communiiy or scenic views or. ¥istos known to:be important %0 the community?, Yes, ~No ~. %'till project adversely impact any site or .- structure of his%or%c, prehistoric or paleontological importance or any site designated as o critical environmental area by 1 1 y? ................. . Yes. ~ N lO. %~ill project have a major effect on existing or Future recreational opportunities?. ......... . Yes.~No 11. %?ill project result in.major traffic problems o~ cause a major effect to existing transportation systems? ....................... Yes.~ ,N° 12. %~ill project .regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project's operation? ..................................... ' YeseS, ,N° 13. %?ill project have any impact on public health or.safety? .................................... Yes, ~ No 14. %~ill project affect %he existing community by directly causing o grot'%ih in permanent population of more %hah 5 percegt over a one yeer period or have o major negative effect on tile character of the community or neighborhood? Yes ~No 15. ]s there public controversy concerning the Yes No rREr~RER'S