HomeMy WebLinkAbout3374Southold Town Board of Appeals
MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj'71
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3374
Application Dated June l], ]985 (Public
TO: Esseks, Hefter, Cuddy & Angel, Esqs.
as Attorneys for SOUTHLAND CORP.
108 East Main Street, P.O. Box 279
Riverhead, NY 11901
Hearing July 18, 1985)
[Appellant(s)]
At ~M~e~t~of t~hing Board of Appeals held on August 8, 1985,
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 XI , Section ]00-]]9.](a
[ ] Request for
Application of SOUTHLAND CORP. (7-ll) Variance to the Zoning
Ordinance, Article XI, Section 100-ll9.1(a) for permission to construct
fence in excess of height limitations in frontyard area at premises
identified as 56480 Main Road, Southo]d, NY; County Tax Map Parcel
No~ 1000-62--03-37. (B-1 Business Zoning District).
WHEREAS, a public hearing was held and concluded on July 18, 1985,
in the Matter of the Application of SOUTHLAND CORP., Appeal No. 3374;
and
WHEREAS, the board members have considered all testimony and
documentation entered into the record in this matter, and it is noted
for the record that there has been no opposition entered concerning
this appeal application; and
WHEREAS, the board members are personally familiar with the
premises in question and the surrounding properties; and
WHEREAS, the board made the following findings of fact:
1. By this application, appellant requests a variance from
the requirements of Article XI, Section lO0-119.1(a) for approval of
a six-foot high chainlink fence, with redwood slats through the links,
10' by 10' enclosure for the purposes of storage within the frontyard
area.
2. The 10' by 10' fence enclosure is shown at six feet from
the westerly front property line, set approximately 12 feet from
the west side of the principal building.
3. The parcel in question is located in the "B-l" General
Business Zoning District, contains an area of 17,954 sq. ft., with
150' frontage along the Main (State) Road and 125' frontage along
Locust Lane, a town road.
4. The premises is improved with a one-story masonry building
of a size 67' by 35' set back from the northerly front property line
(CONTINUED ON PAGE TWO)
DATED: August t3, 1985.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 - Appeal No. 3374
Matter of SOUTHLAND CORP.
Decision Rendered August 8,
1985
52 feet and from the westerly front property line 35 feet,and the
existing 10' by 10' fence enclosure in question.
5. The board members are in agreement with the appellant and
find that the height of the subject fence enclosure is necessary for
storage of garbage in portable garbage containers, provided that the
fence enclosure not be roofed, that the contents to be stored not exceed
the height of the fence at six feet, and there be no storage of flam-
mable or combustible materials.
In considering this appeal, the board has found that this
proposal should be granted as conditionally noted below since:
(1) the relief requested will not be detrimental to adjoining
properties; (2) there will be no substantial change in the
character of this district; (3) the relief requested will not
cause a substantial effect of any increased population density;
(4) the circumstances are unique; (5) the difficulty cannot
be obviated by some method feasible to appellant to pursue
other than variance.
Accordingly, on motion by Mr. Sawicki, seconded by
Mr. Goehringer, it was
RESOLVED, to GRANT the relief requested for a fence enclosure
within the frontyard area at a maximum height of six feet, as
applied under Appeal No. 3374 in the Matter of the Application of
SOUTHLAND CORP., SUBJECT TO THE FOLLOWING CONDITIONS:
1. The fence enclosure never be roofed;
2. The fence enclosure be maintained at all times in good
condition;
3. When necessary, redwood slats be replaced.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was adopted by
unanimous vote of all the members.
lk
August 13, 1985
RECEIVED AND FILED BY
THE $OUTHOLD TOWN Ct'.~.P..K
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, t~he following public
hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at
the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting
commencing at 7:30 p.m. on THURSDAY~ JULY 18, 1985, and as follows:
7:30 p.m. JOSEPH AND ARLENE LESTINGI Hearing to be
Permission to locate garage in frontyard area. 1150 Sound
Greenport.
reconvened.
Drive,
7:35 p.m. SOCRATES AND DAPHNE SPIRAKIS Variance to the Zoning
Ordinance, Article III, Section lO0-3t, Bulk Schedule~ for appr6val of
a garage addition to dw611ing'cosst~ted with an insufficient setback
from the northerly sideyard area at premises identified as 500 Teepee
Trail, at "N~nnak6ma W~ers," Southold, NY; County Tax Map Parcel
No. 1000-82-02-23.
7:40 pom. JOHN AND LORRAINE FABRY - Variance to the Zoning
Ordinance, Article XI, Section 100-119.2 for permission to construct
deck addition to dwelling with an insufficient setback from ex~tin§
highwater mark at premises identified as 3700 Deephole Drive~ Matti-
tuck, NY; County Tax Map Parcel No~ 1000-115-17-007.
7:45 p.mo ROBERT N. KENNEY Variance to the Zoning Ordinance,
Article I~Z, Section 100-31, Bulk Schedule~ for permission to con-
struct deck addition to dwelling with an insufficient rearyard
setback at premises identified as 2320 Gillette Drive, East Marion,
NY~ Marion Manor Subdivision, Filed Map 2038, Lot ll; County Tax
Map Parcel No. 1000-38-02-024.
7:55 pom.~ R.L. BERGEN OIL CO., INC.- Variance to the Zoning
Ordinance~ Article VI, Section 100-60 (100-80(C)[2]) for permission to erect
detached ground sign, the lower edge of which ~§~6posed to be
less than four feet above ground. Premises zoned "C-Light~' Indus-
trial and identified as 9275 Main Road, Mattituck, NY; County Tax
Map Parcel No. 1000-122-06-12.
~ 8:00 pom. SOUTHLAND CORP. (7-11) - Variance to the Zoning Ordinance,
~.Article XI, Section iO0-119.1(a) for permission to construct fence
in ~xcess of height limitations in frontyard area at premises iden-
tified as 56480 Main Road, Southold, NY; COunty Tax Map Parcel
(B-1 Business Zoning District).
No. 1000-62-03-37o
8:05 p~m. JOHN
Article III, Section
F. MARTIN ~ariance to the Zoning Ordinance~
100-32 for permission to erect radio antenna
tower in excess df height limitations for accessory structures at
premises identified as 815 Old Shipyard Lane, Southold, NY; Founders
Homes~SuDdivi~i6n Lots 104 and 105; County Tax Map Parcel No.
1000-64-05-19.
~g~ Notice OT ~learings
Regular Me,ting of July i8~ 1~85
Sout~old Town Board of Appeals
8:10 p.m. COMMUNITY CHRISTIAN FELLOWSHIP, !NC. Special
Exception to the Zoning Ordinance~ Article Ill, Section 100-30(B)[2]
for permission to establish and locate church for worship in this
"A:BO'~ Residential and Agricultural Zoning District~ Location of
?remises: 11565 C~R. 68 (a/k/a i1565 Wickham Avenue), Mattituck,
N¥~ County Tax Map Parcel No. 1000-108-0t-003.
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 submitted prior to the conclusion of the hearing
in q~estion. (Tel~ 765-i809 or 1802)~
BY ORDER OF THE SOUTHOLD TOWN
June 27~ 1985~
BOARD OF APPEALS
GERARD Po GOEHRINGER
CHAIRMAN
instructions to newspapers:
Please publish once~ to wit: THURSDAY, JULY !l, !985 and forward
7 affidavits of publication to: Board of Appea!s~ Main Road,
Southold~ NY 1!971~
Copies to the following on or abBot 7/8/85:
David Kape~~, as agent for Lesting[
Mr~ and Mrs° Socrates Spirakis, 139 Stratford Avenue, Garden City,
Mr. John DeReeder~ as ~>
Mr~ and Mrs~ John Fabry~ 73-23 53rd Road, Maspeth~ NY 11378
Mr. Robert No Kenney~ 2320 Gillette Orive~ Box 392~ East Marion 11939
~.a!e M. Bergen? Pres~ R~ Bergen Oil Co., inc., 9275 Main Road,
Mattit~ck~ NY ~1952
NY 11530
~nom~s J~ Osborne~ Esq~ as =~o.,=y for Southland Corp. (7-1i~
Esseks~ Hefter~ Cuddy & Angel~ 108 East Main sro, Box 279, Riverhead
~ ~ .M~ Jo. nn F~ Ma~+in~ ~ . 815 ~n~x Shipyard Lane, Southold~ NY 11971
Mr.
Daniel Reit.er~ Jr: as agent for Community Christian Fellowship,
lnc~ 7980 Wickham Avenue (~/k/a 11565 CDR. 48)~ Mattituck~ NY 11952
Box 780~ Ma~+~+~' ~c~ NY 11952
FORM NO. ;~
TOWN OF SOUTHOLD
BU[LD1NG DEPARTMENT
TO~FN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
File No ................................ Date ....-~.~ .~.%..~..O. ........ 19 .~.~.~.
To .'g~. X..~. · .~.. · ·...~..~'...'~.
..~.~.~.~.?~~ .......
. ~...~ .~5.~.~..~. :~., ............
PLEASE TAKE NOTICE that your application dated£w .~.~.../.~.~. .... 19
for permit to construct...(O. .... ~ .o,,,.~..~...~. ~..~..e_~.,, ........................ at
Location of Property ...~-.~..~..g.O. .... .~ ~...~,.o~ ..... .~.~...L--. .............
House No. Street Ho,Met
County Tax Map No. ~000 Section .... O.~..~,-.... Block .... .(~. ,~ ..... Lot ... ~.~ .......
Subdivision ................. Filed Map No ................. Lot No ..................
-.'-~.. ~re.~.-/~-~--~.~5. '~,,--~--~ -~:. ~-~-.
....~. ~.~.~..~...~.'~..~.g-. ......
Building inspector
RV 1180
FORM NO. 'l
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, N,Y. 11971
TEL.: 765-1803
~xamined ................. 19...
B)proved ................ ,19 . Permit No ............
)isapproved a/c .....................................
'Received' . ...... ,19...
(Building Inspector)
.I~PLICATION FOR BUILDING PERMIT
Date.. g.~. /~' 19
INSTRUCTIONS
a. This application must be completely filled in by typewriter 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
r areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli-
~tion.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the BUilding inspector will issued a Building Permit to the applicant. SUch permit
roll 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
~atl 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
uilding Zone Ordinance of the Town of~ Southold, Suffolk County, New York, and other applicable Laws, Ordinances or
egulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described.
he applicant agrees to comply with all applicable laws, ordinances, building code, housing ~;ode, and regulations, and to
imit authorized inspectors on premises and in building for necessary inspecfiolas, j jill ~ J / j /
· ~ (Mailing ad~ss of applicaht} ¢~' .....
tale whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plmnber or builder.
(as on the tax roll or latest deed)
· applicant is a corporation, signature of duly authorized officer.
(Name and title of corporate officer)
Builder's License No ......... ~ .............
Piumbe. s License No.
Electrician's License No .......................
Other Trade's License No ...... ':..' .............
Location of land on which proposed work will be done....5..' ./¢2 ./'.c.. d?'[.~:..~..~.~.,. ?...~.---~..q-.-ri ?..~.~i-~. ~-C ........
.............. ..... a ......................
1 .~ouse Num bet Street Hamlet
County Tax Map No. 1000 Section . ..~ro.."~-.. .......... Block ...... ~ ............ Lot..'..) ..........
Subdivision ..........~..~.~.=4' .c.~..,~. :~? ................. ~ ). Filed Map No ............... Lot ...............
(Name)
State existing use and occupancy of premises and intended use and oc&~pancy of proposed construction:
a. Existing use and occupancy ... ~"~. 7./.~...~.,q~.,.0.¢"4, ~. ~.fi.q-. .......................................
b. Intended use and occupancy ~.-~;'d~'¢~'~.}~.'..~.'/.;:'.d55: ..............
3: ,~ature of work (check which applk Ae): New Build/nd ..: ~... Additk, ............ Alteration ...: ......
Repair .............. Removal, ............. Demolition .............. Other Work ...............
· : ,g~/,~-- o___~ (Description)
4. Estimated Cost ...... <~..D..0 ......................... Fee ..................................... ~
(to be paid on filing this application)
5. If dwelling, number of dwelling units .... ./~.: .~. ...... Number of dwelling units on.each floor ...............
If garage, number of cars ..................................................... , ..................
6. If business, commercial or mixed occnpancy, specify nature and extent of each type o,f use .(.;;~.%:~.r. J'~.,.~.
7. Dimensions of existing structures, if any: Front .... C-', i,.>. ~ ..... Rear .... ~,. ~. ...... Depth ...'/~.(.' .......
Height ../..Y'. J ........ Nomber of Stories ..... .c.), .'¢.~4--. ...........................................
Di~nensions of same structure with alterations or additions: Frout ... J7,-~¢..~-¢ ....... Rear .................
Depth ...................... Height ...................... Number of Stories.... ..................
8. Dimensions of entire new construction: Front .... ./~ ~.: ...... Rear ..... /..~..' ...... Depth .... (.cC..'. .....
bIeight .../.~: ....... Number of Stories ..... O/.~.~:T ............................................
9. Size of lot: Front .. d.4 .'P.: .............. Rear .... ./'..~.~. ~ ............ Depth .../.~.}. ,t ............
0. Date of PUrchase ........................... Name of Former Owm:r . . &~,~..,c<?...~:,.~ ......... 2 ......
1. Zone or use district in which premises are sitnated .... ./~.. 7 ./ ...........................................
2. Does proposed con,ruction violate any zoning law, ordinance or regulation: ...............................
3. Will lot be regraded ....... ./~'..,0 ................. Will excess fill be removed froln premises: Yes Nc
4. Name of Owner of prem:ses-~i~.~.7~4,v~..~:-~??. .... Address ~.~,P,.-~.':?.:,,~./.~ :~ ./~,'-Phone No. ~/-
Name of Architect .................. :, ......... Address ................... Phone No.. '.'/....
Name o£ Contractor X .:4',20, ~,t~: .~',~w.('~ ~ ~,. yr./Ce. -~ Address .... q-'. · . · ~ ..... .*.. Phone No..2' ..... 6 d ......
PLOT DIAGRAM
Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions fron
~roperty lines. Give street and block number or description according to deed, and show street names and indicate whethe
nterior or corner lot.
'fATE OF NEW YORK, , - S .
..... ' J L ~.~ J.) [t~.% L[ .C .(.( .t ............ being duly sworn, deposes and says thor he is the applicant
(Name of individual signing contract)
(Contractor; ageut, co'ate officer, etc.)
f said owner or owners, ~d i$ duly authorized to perform or have performed the said work and to m~e and file tiffs
.*ptication; that all statements contained ~ this application are true to the be~t of his knowledge and belief; and that the
ork will be perfo~ed in the m=ner aet forth in tim application flied therewith.
worn to before me this
TOWH OF SOUTHOLD, NEW' YORK
APPEAL F~PLg~M.~,D~ION OF BU.~LDING INSPECTOR
DATE ..............................
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
J~ (We)E.8.~p_,,k~.,...~C~£.~;~r.,....C~l, Cly....~...~.O.g.e..~f .....%..O..8...i.~..,..,.~...a..~...~....$.~..e..e...'g. ...........................
Nome of Appellant Street and Number
.......... .?,.~..~..e..~..~.e...a..d. ............................................................. ~...,N..e...w....Y...°..r..,k......HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING iNSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ..,~..a...~..g,.a.~Z..'..t:5..C..~..9..8...5. ..........
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
(X)
Name of Applicant for permit
,of
3.Q ~.. i~J~ ~:z;~.. ~.a~.k~a ~. ........... ~a.upp~ge. .................... ;..~f~...~.9.~ .............
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
Permit For Construction.
LOCATION OF THE PROPERTY .5.6~.8.0.,./~.¢~.~..~....~,o.,a.~.,....$.g.g..~..b..9.,];.ct. ............................. ;..;. .....
Street Use District on Zoning Mop
Map 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 not quote the Ordinance.)
Article XZ Section 100-ll9ol(a)
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 Chop. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4, PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such ~ppeaJ was ( ) request for o special permit
( ) request for a variance
and was made in Appeal No ................................. Doted ......................................................................
( )
(X)
( )
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A V~'iance to the Zoning Ordinance
is requested forthereasonthat Southland Corp. owns and operates a 7-11 convenience
store at the above address. A dumpster is located on the west side of the
building for the purpose of collecting and remo~ing refuse generated by
store operations. The proposed chain link fence is intended to be built
to enclose the dumpster and hide it from view. The dumpster is approxima~i
six feet high~ Therefore, Southland Corp~ applies ~ a variance from the
Zoninq ordinance allowing it to build a 6" high chain link fence w~h
Forn%
redwood rpivacy slats plac~d through the links in order to hide the whole
dempster from view. It is believed that erecting such a fence around the
dumpster is the simplest and least expensive, yet effective, method of
hiding the dumpster from view.
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sa~HARDSHtPbecouse It is Southland Corp'So desire to make the premises as -
aesthetically pleasing as is reasonably possible. The dumpster next to
the building is visible ~rom the street, and is~ one must agree,unattractivq
The du~pster is approximately six feet high, and cannot be hidden by a four
foot high fencer the highest allowable in the front yard of any zoning
district in the Town of Southold. The fence the Southland Corp. desires
to place around the dumpster - a 6 foot high chain link fence with red-
wood slats placed through the links - will hide the dumpster from viewf
but may only be erected if a variance from the Zoning Ordinance is granted.
2. The ha~shipcreated;s UNIQUEand[snotshared by all properties alike in the immedia~
vicinity ofthisprope~y andinthisuse district because No other property in the immediate
vicinity needs or uses a 6' tall dumpster in which to collect the refuse
generated on the premises. Southland Corp's. store requires a dumpster
of this size because of the amount of refuse generated by its business.
Therefore~ no other property owner in the vicinity would have even the
need to build a 6' high fence in the front yard area of their property,
making the Southland Corp's. hardship unique.
3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because Section 100~119.1 is intended, upon
informatIon and belief, to limit the height of fences in order to keep
the properties visually attractive. For instance, a ten foot high brick
wall running along the froDtyard line would be highly unattractlve and
create a fortress-like atmospheret whereas a 4' high wall would not.
Southland Corp's. main reason for wanting a 6" high fence is to pre-
serve and enhance the aesthetics of'its premises. Since this would
serve the purpose and spirit of the ordinance~ the variance should be
granted. Doing so would help preserve the character of the area.
STATE OF NEW YORK )
COUNTY OF "~'~'eA/~
) ~ignature
Sworn to this .................... /Z. ....................~lay of ................. .~.....~.. ,/~/..~. .......................
...... ~~~~...
Notary Publk
OWNER
~:ORM[~R OW, NER,
STREET VILLAGE
RES. SEAS. VL FARM
LAND IMP. TOTAL DATE
7(, 6 o
AGE BUILDING CONDITION
NEW NORMAL BELOW ABOVE
FARM Ac re Va l ue
'Tillable 1
~ Tillable 2
Tillable 3
~Woodland
Swampland
;Brushland
REMARKS
ACR. ~
House Plot
Value Per
Ac re
SUB, LOT
: TYPE OF BUILDING
Mkt. Value
FRONTAGE ON WATER
/./??
FRONTAGE ON ROAD
DEPTH
BULKHEAD
DOCK
Total
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
June 27, 1985
GERARD P. GOEHRINGER, CHAIRMAN S .E .Q .R.A.
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION
ROBERT J, DOUGLASS
JOSEPH H. SAWICKI Notice of Determination of Non-Significance
APPEAL NO.: 3374
PROJECT NAMe: S0uthl~d Corp.
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Q~ality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southo~d=
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 similbr
project.
TYPE OF ACTION: [ ] Type II [X~ Unlisted [ ]
DESCRIPTION OF ACTION: Variance for fence exceeding 4' in
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: Main Road, Squth6]d
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
FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowals~i,
Southold Town Board of Appeal~,..Town Hall, Southold, NY 11971;
765-1809 or 1802.
Secretary,
tel. 516-
Copies of this notice sent to the applicant or his
on the Town Clerk Bulletin Board.
agent and posted
Town of Southold
Board of Appeals
COUNTY OF' SUFFOLK
Department of Plannin~
360-5206
August 22, 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)
Municipal File Number(s)
Mr. & Mrs. Socrates Spirakis
Mr. & Mrs. John Fabry
Southland Corp.
3364
3368
3374
Very truly yours,
Lee E. Koppelman
Director of Planning
Chief Planner
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Southold Town Board of Appeals
MAIN RDAD- BTATI=' RDAD 25 BOUTHDL. D, L.I., N.Y.
TELEPHONE (516) 765-1809
August 15, 1985
Pursuant to Article XI[I 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:
~2~ Variance from the Zoning Code, Article Xi , Section lO0-119.1a
Variance from Determination of Southold Town Building Inspector
Special Exception, Article , Section
Special Permit
Appeal No.: 3374Applicant: Southland Corp.
Location of Affected Land: 65480 Main Road, Southold
County Tax Map Item No.: 1000- 62- 03-37
Within 500 feet of:
Town or Village Boundary Line
Body of Water (Bay, Sound or Estuary)
State or County Road, Parkway, Highway,
Boundary of Existing or Proposed County,
Thruway
State or Federally Owned Lan(
Boundary of Existing or Proposed
Other Recreation Area
County, State or Federal Park or
Existing or Proposed Right-of Way of Any Stream or Drainage
...... Owned by the County or for Which The County Has Established
Lines,
or Within One Mile of a Nuclear Power Plant
Within One Mile of An Airport.
COMMENTS: Applicant is requesting permission to construct fence
yard area at premises identified above
Channel
Channel
in front
Copies of Town file and related documents enclosed for your review.
Dated: ~/ "~..~.~.~. ~ ,{~[.~) ..
' /~l.~J ~6-cretary, Bdard of'-Appeals
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWtCKI
Southold Town Board of Appeals
MAIN ROAD-I~TATE RnAD 25 Sl3UTHrlLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
August 13, ~1985
Esseks, Hefter, Cuddy & Angel,
108 East Main Street
P.O. Box 279
Riverhead, NY ll901
Esqs.
Re: Appeal No. 3374 Southland Corp.
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 ~pproval of any new construc-
tion in writing, or for other documents as may b~ 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
Suffolk County Planning
GERARD P. GOEIIRINGER
?t~/IRMAN ,~ / ,
w~y Llnaa ~. ~owa±s~z
Secretary
Commission
Y
Southold, N.Y. 11971
(516) 765-19,~8
July 31, 1985
Mr. William Esseks
Attorney at Law
108 E. Main Street
Riverhead, NY 11901
Re: Seven Elevens at Southold,
Greenport and Cutchogue
Dear Mr. Esseks:
The following actions were taken by the Southold Town Planning
Board, Monday, July 29, 1985.
RESOLVED that the Southold Town Planning Board approve the
site plan of Seven Eleven located at Southold for the construction
of a storage building; plan dated as last revised 11/1/84 and
certified by the Building Department.
RESOLVED that the Southold Town Planning Board approve the
site plan of Seven Eleven located at Green~ort for the construction
of a storage building; plan dated 11/1/84 and certified by the
Building Department.
RESOLVED that the Southold Town Planning Board approve the
site plan of Seven Eleven located at Cutchogue for the construction
of a storage building; plan dated 3l~4/84 and certified by the
Building Department. Subject to the conditions of the Board
of Appeals regarding variance No. 3323.
If you have any questions, please don't hesitate to contact
our office.
cc:
Very truly yours,
BENNETT ORLOWSKI, JR.,CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
~// By Diane M. Schultze, Secretary
Building Department and Board of Appeals
NOTICE IS HEREBY GIV-
EN, pursuant to Section 267 of
the Town Law and the Code of
the Town of Southold, the fol-
lowing public hearings will be
held by the SOUTHOLD
TOWN BOARD OF APPEALS
at the Southold Town Hall,
Main Road, Southold, NY at a
Regular Meeting commencing
at 7:30 p.m. on THURSDAY,
JULY 18, 1985, and as follows:
7:30 p.m. 3OSEPH AND
ARLENE LESTINGI- Hearing
to be reconvened. Permission
to locate garage in frontyard
area. 1150 Sound D r i v e,
Greenport.
7:35 p.m. SOCRATES AND
DAPHNE SPIRAKIS- Vari-
ance to the Zoning Ordinance,
Article lB, Section 100-31,
Bulk Schedule, for approval of
a garage addition to dwelling
constructed with an insuffL
cient setback from the norther-
ly sideyard area at premises
identified as 500 Teepee Trail,
at "Nunnakoma Waters,"
Southold, NY; County Tax
Map parcel No. 1000-82-02-23.
7:40 p.m. $OHN AND LOR-
RAINE FABRY- Variance to
the Zoning Ordinance, Article
XI, Section 100-119.2 for per-
mission to construct deck addi-
tion to dwelling with an insuf-
ficient setback from existing
highwater mark ut premises
identified as 3700 Deephole
Drive, Mattituck, NY; county
Tax Map Parcel No. 1000-115.
17-007.
7:45 p.m. ROBERT N. KEN-
NEY- Variance to the Zoning
Ordinance, Article Ill, Section
100.31, Bulk Schedule, for per-
mission to construct deck addi-
tion to dwelling with an insuf-
ficient rearyard setback at pre-
mises identified as 2320 Gil-
lctte Drive, East Marion, NY;
Marion Manor Subdivision,
Filed Map 2038, Lot 11; Coun-
ty Tax Map Parcel No. 1000-
38-02-024.
7:55 p.m. R.L. BERGEN
OIL CO., INC.- Variance to the
Zoning Ordinance, Article VI,
Section- 100-60 (100-80(C)[2])
for permission to erect detach-
ed ground sign, the lower edge
of which is proposed to be less
than four feet above ground.
Premises zoned "C-Light" In-
dustrial and identified as 9275
Main Road, Mattituck, NY;
County Tax Map Parcel No.
000-122-06-12.
8:00 p. m. SOUTHLAND Co?p.
Ir-Il)- Variance to the Zoning
dinance, Article Xl, Section
00-119.1(a) for permission to
~onstruct fence in excess of
~cight limitations in frontyard
~rea at premises identified at
56480 Main Road, Southold,
NY; County Tax Map Parcel
No. 1000-62-03-37. (B-1 Bust-
ness Zoning District).
d8:05 p.m. JOHN F. MAR-
Variance to the Zoning
inance, Article HI, Section
100.32 for permission to erect
radio antenna tower in excess
of height limitations for acces-
sory structures at premises
identified as 815 Old Shipyard
Lane, Southold, NY; Founders
Homes Subdivision Lots 104
and 105; County Tax Map
Parcel No. 1000-64.05-19.
8:10 p.m. COMMUNITY
CHRISTIAN FELLOWSHIP,
INC.- Special Exception to the
Zoning Ordinance, Article III,
Section 100-30(B)[2] for per-
mission to establish and locate
church for worship in this
"A-80" Residential and Agri-
cultural Zonin~ District. Loca-
tion of Premises: 11565 C.R.
48 (a/k/a 1156.5 Wickham Av-
enue), Mattituck, NY; County
Tax Map Parcel No. 1000-108-
01-003.
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 conclu-
sion of the hearing in question.
(tel. 765-1809 or 1802).
Dated: June 27, 1985.
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
COUNTY OF SUFFOLK
ss:
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 ......... ././. ..........
.....
/\/- '_.. / c,
...... ..... >. .....
Sworn to before me this ..................... day of
Notary Public
BARBARA FORBES
Notary Public, State of New York
No. 48C~846
Qualified in Suffolk County
Commission Expires March 39, 19
~I~ll 1t, 1985
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 hekrings will be held by
the SOUTHOLD TOWN
BOARD OF APPEALS at the
Southold Town Hail, Main Read,
Southold, NY at a Regular Meet-
lng commencing at 7:30 p.m. on
THURSDAY, JULY 18, 1985,
and as follows:
7:30 p.m. JOSEPH AND AH-
LENE LESTINGI - Hearing to
be reconvened. Permission to lo-
cate garage in frontyard area.
1150 Sound Drive, Greenpert.
7:35 p.m. SOCRATES AND
DAPHNE SPIRAKIS - Vari-
ance to the Zoning Ordinance,
Article IH, Section 100-31, Bulk
Schedule, for approval of a gar-
age addition to dwelling con-
structed with an insufficient set-
hack from the northerly sideyard
area at premises identified as
500 Teepee Trail, at "Nun-
nakoma Waters," Southaid, NY;
County Tax Map Parcel No.
1000-82-02-23.
7:40 p.m. JOHN AND LOR-
RAINE FABRY - Variance to
the Zoning Ordinance, Article
XI, Section 100-119.2 for permis-
sion to construct deck addition to
dwelling with an insutY~cient set-
back from existing highwater
mark at premises identified as
3700 Deephole Drive, Mattituck,
NY; County Tax Map Parcel No.
1000-115-17-007.
7:45 p.m. ROBERT N. KEN-
NEY - Variance to the Zoning
Ordinance, Article III, Section
100-31, Bulk Schedule, for per-
mission to construct deck addi-
tion to dwelling with an insuffi-
cient mm'yard setback at prem-
ises identified as 2320 Gillette
Drive, East Marion, NY; Marion
Manor Subdivision, Filed Map
2038, Lot 11; County Tax Map
Parcel No. 1000-38-02-024.
7:55 p.m.R.L. BERGEN OIL
CO., INC. - Variance to the Zen-
lng Ordinance, Article VI, Sec-
tion 100-60 (100-80(C)[2]) for
permission to erect detached
ground sign, the lower edge of
which is proposed to be less than
four feet above ground. Premises
zoned "C-Light" Industrial and
identified as 9275 Main Read,
Mattituck, NY; County Tax Map
Parcel No. 1000-122-06-12.
~8:00 p.m. SOUTHLAND
I'CORP. (7-11) - Variance to the
Zoning Ordinance, Article XI,
Section 100-110.1la) for permis-
sion to construct fence in excess
)f height limitations in frontyard
·rea at premises identified as
56480 Main Read, Southold, NY;
County Tax Map Parcel No.
11000-52-03-37. lB-1 Business
Zoning Dis~:rict).
8:05 p.m. JOHN Ii'. MARTIN
- Variance to the ~oning Ordi-
nance, Actiele III, Section 100-32
for permi~ion to erect radio an-
tenna tower in excess of height
limitation8 for aece~ory struc-
ture~ at premises identified as
815 Old Shipyard Lane, South-
old, NY; Foundem Homes 8ub-
divicion Lat~ 104 8nd 105;
County Tax Map Parcel No.
1000~14.05~19.
8:10 p.m.
CHRISTI/~ I~ILLOWSItIP,
INC. - Special Rxception te the
Zoning Ordinance, ~rticle III,
Section 100-30lB)[2] for permi~-
sion to establish and locate
church for worship in this
Residential and Al~'iculturai
Zoning District. Location of
Premises: 111565 C.R. 48
11565 Wicklmm Avenue), Mat-
titack, NY; County Tax Map Par-
c~l No. 1000q08-0L003.
The Board of Appeals will hear
at &qid time and place all pemons
desiring to be heard in each of
the above matter~. Written com-
ments may also be submitted
prior to the conclusion of the
hearing in question. (Tel. 765-
1809 or 1802).
Dated: June 27, 1985.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P: GOEHRINGER
CHAIRMAN
STATE OFNEWYORK )
! SS:
COUNTY OF SUFFOLK )
AN~ I,EgF:~,q 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 end 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 ] 1
dayof July 19
Principal Clerk
Sworn to before me this
Jul
day of__ 'Y
APPEALS BOARD
MEMBERS
GERARD P, GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR,
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 2.5 SDUTHOLD, L.I., N.Y. llg?l
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), or Barbara Rudder.
Yours very truly,
GERARD P. GOEHRINGER
C HA I RMAN
lk
Enclosure
JUDITII T. TERRY
TOWN CLFRK
REG]STRARO} VITAl S[\IISI]('S
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
June 11, 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. 3374 application of the
Southland Corporation for a variance. Also included is notification
to adjacent property owners; Short Environmental Assessment Form; Letter
relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from
the Building Dept.; Application for Building Department; and surveys.
Judith T. Terry
Southold Town Clerk
J~ ~]~ !g~5 TOWN OF SOUTHOLD, NEW YORK
^PP~ FIShy. SION OF BUILDING INSPECTOR
DATE ..............................
TO THE ZONING BOARD OF APPEALS, TOWN Of SOUTHOLD, N. Y.
1'~ (We)'~.~.eJ~.,...~,~.C.C~..,....(~.'~:~,~.y....&...~..~.cj.e.?ef .....~-.q.8.....~..,....M...~..$..n...,$.,~.?..~..9..~. ............................
Name of Appellant Street and Number
Riverhead New York I-I~:I~IzR¥ APPEAL TO
Municipality State
THE ZONING BOARD Of APPEALS FROM THE DECISION Of THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ...~..a...z}.u...a.~....~..5./.....]:..9..8...5. ............
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
Name of Applicant for permit
of
3.D.0...M,~ tz~z: ...P. ar.k~a .y. ........... ~aztppau. ge ........................ ~.W.....~.Q ~:~ .............
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
(X) Permit For Construction.
LOCATION OF THE PROPERTY .,~.6.~.8.0...k~.a.~.~.....R..o..~.~.,...S..o..~...t..~...o..1..d,. ........................... i ...........
Street Use District on Zoning Mop
T...~ ;f...M.~p...~ .0. ,... ,l.~ .0.0. r..(~..2..-..3, r..3.7. ........................
Iv~ap 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 not quote the Ordinance.)
Article XI Section 100-119.1(a)
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 ~ (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) A V~iance to the Zoning Ordinance
()
isrequestedforthereasonthat Southland Corp. owns and operates a-~,,,~°nvenience
store at the above address. A dumpster is located on the~west_~side of the
building for the purpose of collecting and removing refus~'~nerated by
store operations. The proposed chain link fence is intended to be built
to enclose the dumpster and hide it from view. The dumpster is approxima~.l
six feet high. Therefore, Southland Corp; applies ~ a variance from the
Zoninq Ordinance allowing it to build a 6' high chain link fence with
Fo~ ZB~
redwood rpivacy slats placed through the links in order to hide the whole
dempster from view. It is believed that erecting such a fence around the
dumpster is the simplest and least expensive, yet effective, method of
hiding the dumpster from view.
¸_4
~I~EASON FOR APPEAL
Continued
]. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficulti~ orunneces-
sary HARDSHIP becau~ It is Southland Corp's. desire to make the premises as
aesthetically pleasing as is reasonably possible. The dumpster next to
the building is visible from the street, and is, one must agree,unattractiv~
The dumpster is approximately six feet high, and cannot be hidden by a four
foot high fence, the highest allowable in the front yard of any zoning
district in the Town of Southold. The fence the Southland Corp. desires
to place around the dumpster - a 6 foot high chain link fence with red-
wood slats placed through the links - will hide the dumpster from view,
but may only be erected if a variance from the Zoning Ordinance is granted.
2. The hardship createdis UNIQUEond isnotshared by all properties alike in the immediate
vicinity ofthis pr~e~y andinthis use district because No other property in the i~mediate
vicinity needs or uses a 6' t'all dumpster in which to collect the refuse
generated on the premises. Southland Corp's. store requires a dumpster
of this size because of the amount of refuse generated by its business.
Therefore, no other property owner in the vicinity would have even the
need to build a 6' high fence in the front yard area of their proDerty,
making the Southland Corp's. hardship unique.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because Section 100-119.1 is intended, upon
information and belief, to limit the height of fences in order to keep
the properties visually attractive. For instance, a ten foot high brick
wall running along the fro~ yard line would be highly unattractive and
create a fortress-like atmosphere, whereas a 4' high wall would not.
Southland Corp's. main reason for wanting a 6' high fence is to pre-
serve and enhance the aesthetics of its premises. Since this would
serve the purpose and spirit of the ordinance, the variance should be
granted. Doing so would help preserve the character of the area.
STATE OF NEW YORK )
COUNTY OF
Sworn to this ........................................ day of ................. ,~.....~.../~/...~.. ......................
Notary Public
A~ALS. TOWN OF SOUTHOLD
et' the Petition of
te ~ '---.~ ef ,a...~.!~ of the Town of ~outhold
TO: Mr. & Mrs. John Hunter
56600 Main Road
Southold, New York 11971
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. Thai it is the Inlentlon of the undersigned to petition the Board of Appeals of the Town of Southold
to req~l a (Variance) (~lS~k~~~ [circle choice]
2. That Ihe property which is the subject of the Petition is located adjacent to your property ~nd is des-
crihadMfollows: 56480 Main Road, Southold, New York
Tn~ Map $)1000-62-3-37
3. That the I~'operty which is the subject of such Petition is located in the following zoning district: -2~eral Busines s._p_i_%!~ict
4. That by ~uch Peli6on. the undersigned will request the following relief: A
- · ~ i ~0-11 .1 a to r c 6 f ot'hi' h ~ain li~k
zenee zn a %ront y~r~ area
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article :~T :k.~ction I (]O- ]lg. 1 (a~
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in Ihe Somhotd Town Clerk's Office at Main Road, Southo d, New York and you ma)' then and there
examine the same do, inI regu ar office hours. (516) 765-1809.
7. That befMe L, he relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; thai & notice of such hea~ing must be published at least five days prior to the da~e of such
hearthI in the Suffol.~i ,'~ and in lhe LonI t.sland Traveler-Mattituck Watchman, newspa ers ubllshed i
Town d Smahold ' ted f .... · P p n the
~_ _ __ ~ ~a~llJ_ L~ ,IIM .? ,t.h~ publication of such no,ces; that you or your representative have the
nle~ lo appe~ ann IW./1~% g at SUCh M~v~n1.
Esseks, Heft. er~ Cuddy & Angel
Petiti°ner~s Attorneys
PostOffice Address
]~R ~ Main Str~t. P.O. Box 279
Riverheadi New York 11901
PROOF OF MAILING OF NQTI~F
ATTACH CERTIFIED MAIL RECEIPTS
Mr. & Mrs. John Hunter
56600 Main Road, Southold, N.Y. 11901
~86L 'qe:~ 'o08g m]od Sd
STATE OF NEW YORK )
COUNTY OF SUFFOLK)
Genevieve Woessner , residing at (NO) # Sound Avenue
r~ ~-~-~ ~-~r-]c: T~. y. , being duly sworn, deposes and says that on the lOthday
of .7,m~ , 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
(certified)
Sworn to before me this ] ~-h
day of :~ .... 19 ~
~'Fary Public
; that said Notices were mailed to each of said persons by
THOMAS J. O~BORNE
Notary Publ~ State of New YoW'
No. 4~124~0
Qualified in Suffolk Count~
Cornmission Expires March 30, I~8~
BOARD OF APPEALS, TOWN, OF SOUTHO[D
In ~he M~tte~ or the Petition of
Io the Board of AD--lit of the Town pf ~Quthold
TO: Mr. Albertson
Mr. Katz
Colonial Corners
Main Road
Southold, New York 11971
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. That il is the intention of the undersigned to petition the Board of Appeals of the Town of Soutl-
to request a [Variance)(~_M_y~~y~X [circle choice]
2. That the property which is the subject of the Petition is located adjacent to your property and is,
cribed as follows: 56/,g0 Main Road, Southold, New York '
T~w Map ¥~1000-62-3_37
3. That the p~ope~ty which is the subject of such Petition is located in the following zoning district:
B-2 ~en~ral Business District
4. ThatbysuchPelition, theundersignedwillrequestthefollowingrelief: A variance from
Art~]~ %I ~t~on 100-119.1(a) to construct a 6 foot high chain link
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the unde
signed are Article ×T Section '1
6. That within five days from the date hereof, a written Petition requesting the relief specified above
be filed in the Southold Town Clerk's Office at Main Road, Soutbold, New Yo~k and you may then and ther.
examine the same durinI regular office hours. (5].6) 765-1809.
7. That before ~hc relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; thai & oolite of such hearing must be published at least five days prior to the date of such
hearing in the Su~ol.~i .'~?.' and in the Lonl Island Traveler-Mattituck Watchman, newspapers published in !
Town of Somhold ~,~lnared for ~l~Publicatton of such no,kcs; tha~ you or your representative have th
ri~t~t to appear and Ilql,~d a~ such he~.jn~. .
EssaYs: H~fter~_~uddy & AnEa]
Petitioner'S Attorneys
PostOffice Address
108 E. Main Street, P.O.
Riv.rh~af~, N~w York 11901
Box 279
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
Mr. Albertson & Mr. Katz
Colonial Corners, Main Road, Southold, N.Y.
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
Genevieve Woessner , residing at (No) # Sound Avenue,
~.~,.ttit'ack; N.¥- , being duly sworn, deposes and says that on the 10th day
of .3, m~ ,1985 , 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 Riverhead ; that said Notices were mailed to each of said persons by
(certified)
-
Sworn to before me this 10th
da~of,~ ,Tlm~ , 19 85
f~ary Public
Tile ~I.Y.S. [nvironmcntal Qua]icy I~'w Act rcqnlFes
mission of [hi for,i, and an e.vl[onm[;:l[,~ 'eview will
made by this board before uny actio~ is takt~n:
SHORT '"NV~ROY~,!EITi?L A .... ,-,,.M,, IT
(a) In cra. er ~o ~nswer the ques~t~nm in th~ .~h.rt £A? ~ ~ ~e~ t~at th~
preFarer ~t.. use currontl7 a;atlablo infum.~ion ccrc~ralnK the ~roJ*ct ~n~ t~.
cr a%ker !nvestt~atl,]nq w~i b~ ~dertaken.
(b) If any quc~Llon ha~ been answered Yes ~he project ~? he ~i~ificant and ~
(c) If all questions have been answered No It is likely t~t this project 1~
(d) .~v krcnmental A,%e e ssr~,~, n t
&,
6.
7.
~,~.1 F.(J.c. result in a large ,hysleal c)'~n2o
to the pFcJect site or PhT~lcal~y alter more
t,~n i0 acrc~ of land? ...... , .
'Will there be a ma ~r chanKe to at.,), ~unique or
Yes __~ No
Will p~cject alter or l.av. a larEc ~I'fact cn
~otlnd~z~ter q,JalJ, ty? . . . , . . .
Will project significantly effect dr~lt~ag~ fl~
WL!I pr~.jec% a;'fect a~7 t~e~ttene2 cr
W~! pr-eject result In a maJcr ad'/orso eff,>ct on
9. W~ll project adversely [apact any site or
envircnmen~i area by a lecky a~oncy? · . * .... Yes ~
10. Will project have a ~AJor eff~ct on exiotLni cr
future recreational, oppor~unitlesv , · · Yes .~. No
11. Will project result in ~Jo~ traffic problems or
12. Will pruJec~ reg~arl7 cause objectionable
~olse~ glare, vibr ..... m, or elerLrlcal distur~
ante as a rcsul~ cf the FroJect,~ operation? , ?t'~
1). Wily project h..ve a:r/ impact c,n pubJ [c hda~th or
1L. Will preJec~ ~ffect %he e~l~lng com'~unic7 by
directly causing a ~rc~th in pc..a~ ,.L~
-
.... Yes ~ Ko
QUEST!ONNAIRE TO BE COMPLETED AND FILED WITH APPLICATION TO THE Z.B.A,
The New York State Tidal Wetlands and Use Regulations, G NYCRR, Part 661, requires
an application to the N.Y.S. Department of Environmental Conservation, Environmental
Analysis Unit, Building q0, S.U.N.Y., Stony 13rook, NY 11794, (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.
[ ] 2.
[ ]
[ ] 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/waterfro~t
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 photographs of the
project and wetland areas, it would help expedite the processing of your applica-
tion.
This questionnaire is made to explain the requirements of this State Law and to
prewnt any unnecessary delays in processing your application(s).
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