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HomeMy WebLinkAbout3387Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11g71 TELEPHONE {516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3387 Application Dated July 29, ]985 TO: Mrs. Alice Hussie P.O. Box 1045 Cutchogue, NY 11935 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on September 26, ]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 VII , Section ]00-70(8) [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for Application of ALICE HUSSIE - AGOP APIKOGLU & ANO for a Special Exception to the Zoning Ordinance, Article VII, Section lO0-70(B) for permission to establish tennis and recreational facilities in this 'B-I" General Business Zoning District located at the West Side of Horton Lane, Southold, NY, containing 4+ acres; Suffolk County Tax Map District 1000, Section 59, Block 3, Lot 32.1. WHEREAS, a public hearing was held and concluded 1985 in the Matter of the Application of ALICE HUSSIE No. 3387; and on September 12, under Appeal WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding area; and WHEREAS, the board has considered all testimony and documentation submitted concerning this application; and it is noted for the record that there has been no public opposition; and WHEREAS, the board made the following findings of fact: 1. This is an application for a Special Exception in accordance with Article VII, Section lO0-70(B) of the Zoning Code for permission to establish tennis and recreational faiclities in this "B-I" General Business Zoning District. 2. The premises in question is located at the west side of Horton Lane, Southold, and is identified on the Suffolk County Tax Maps as District lO00, Section 59, Block 3, Lot 32.1. 3. This parcel contains a total area of 181,945.50 sq. ft., or 4.1769 acres, with 370.08 frontage along Horton Lane, and is presently vacant. 4. Proposed by this application are as follow: (a) four indoor (CONTINUED ON PAGE TWO) DATED: Form ZB4 October 9, 1985. (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3387 Matter of ALICE HUSSIE Decision Rendered September 26, 1985 tennis courts within a 215' by 120' one-story building and 40' by 80' attached two-story building, to be set back 230 feet from Horton Lane, 26 feet from the northerly side line, 36 feet from the rear [westerly] property line, and 202 feet from the southerly side property line; (b) raised terrace attached along the southerly side of building (a), supra, containing an area of approximately 2,030 sq. ft.; (c) 240' by 60' exterior tennis court surface with 10' high fencing to be set back approximately 180 feet from Horton Lane and not less than 35 feet from the southerly side property line and not less than 25 feet from fthe westerly rear property line, as shown on the site plan amended August 20, 1985 prepared by Thomas Joseph Pirkl and Associates, West Islip, New York. 5. For the record it is noted that by letter dated August 28, 1985, the Southold Town Planning Board indicates they are in favor of this use and the buildings' setbacks and height as submitted. 6. It is further noted that the premises is proposed to remain General Business (B1) under the proposed Master Plan Maps. In considering this application, the board has: (a) considered items [a] through [1] of the zoning code; (b) determined the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (c) determined the safety, health, welfare, comfort, convenience and order of the town will not be adversely affected by the proposed use and its location; (d) determined that the use is in harmony with and will promote the general purposes and intent of zoning since this is a use permitted by legislative action and will meet the requirements of the zoning regulations and is subject to site plan approval by the Planning Board. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to GRANT the following Special Exception use applied for under Application No. 3387 in the Matter of ALICE HUSSIE and subject to the conditions as noted below: 1. Recreational facilities as shown on the August 20, 1985 site plan under consideration which includes the construction of the follow- ing buildings: (a) Two-hundred fifteen (215)-foot by 120-foot one-story building and 40' by 80' attached two-story building and raised terrace; (b) Two-Hundred Forty (240)-foot by 60-foot exterior tennis courts with ten-foot high fence enclosure; (c) Parking facilities as approved by the Planning Board; 2. No overhead lighting on outside courts are permitted; 3. Further extensions which may be proposed are subject to subsequent Special Exception application and approval and subsequent site plan approval from the Planning Board. 4. This project is also subject to final site plan approval from the Planning Board in accordance with the requirements of Article XIII of the zoning code. Vote of the Board: Ayes: Messrs. Goehringer, Douglass and Sawicki. (Members Doyen and Grigonis were absent.) This resolution was unanimously adopted with a quorum of the members present. lk ?~3ERARD P. GOEHR~INGERJCHAIRMAN / October 9, 1985 I~ECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE/o/?/~- Town Clerk, Town of Southo~l~d~ Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 BOUTHOLD, L.I,, N,Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CI';ARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY, at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, SEPTEMBER 12~ 1985, and as follows: : 7:35 p.m. ALICE HUSSIE - AGOP APIKOGLU & ANO. Special Exception to the Zoning Ordinance,-Article VII, Section IO0-7U(B) for permission to establish tennis and recreational facilities in this "B-I" General Business Zoning District located at the West Side of Horton Lane, Southold, NY, containing 4+ acres; Suffolk County Tax Map District 1000, Secti9n 59, Block 3, Lot 32.1. 7:40 p.m. RICHARD AND DIANE ALLEN Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for"permis- sion to construct new one-family dwelling with an insufficient rearyard setback. Location of Property: Private right-of-way located off the South Side of Indian Neck Road, Peconic, NY; County Tax Map District 1000, Section 98, Block 5, Lot 17.2; Lot #3 of Minor Subdivision No. 141 approved 11-27-78. 7:45 p.m. STEPHEN EGGERS - Variance to the Zoning Ordinance, Article XI, Section lO0-119.2(B) for permission to construct bath-storage structure with an,insufficient setback from the landward edge of tidal wetland (or ordinary highwater mark), at 6675 Nassau Point Road, Cutchogue, NY; Nassau Point Filed Page 2 - Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 12, 1985 Map No. 156, Lot 48; County Tax Map District 1000, Section lll, Block 15, Lot 7. 7:50 p.m. RUTH ENTERPRISES - C & D REALTY Variances to the Zoning Ordinance, Article VII, Section lO0-70(A) for: (1) permission to construct shopping center in this "B-l" General Business Zoning District containing less than one acre in area and less than 150 ft. lot width [Art. VI, Sec. 100-62(B)]; (2) permission to construct building with insufficient sideyards; (3) approval of less than 26 parking spaces as per Notice of Disapproval dated June 10, 1985. Location of Property: South Side of North Road (C.R. 48), Pecon'ic, NY; County Tax Map District lO00, Section 69, Block 4, Lot 3. 8:00 p.m. BARBARA D. SCHRIEVER Variance to the Zoning Ordinance, Article VI, Section 100-60 for permission to establish woodworking and metal shops, art studio, and apartment in existing building located in this "B-Light" Business Zoning District, at the West side of Tabor Road, Orient, NY; County Tax Map District 1000, Section 18, Block 05, Lot 12. The Board of Appeals will hear at said time and place all persons desiring to be heard in each of the above matters..- U itten comments may also be submitted prior to the conclusion of the hearing in question. For more information, please call the Office of the Board of Appeals at 765-1809 (alt. 1802). Dated: August 22, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Instructions to newspapers: Please publish once, to wit: THURSDAY, SEPTEMBER 5~ 1985 and forward five affidavits of publication to: Board of Appeals, Town Hall, Main Road, Southold, NY 11971, on or before 9/10. Page 3 - Legal Notice of Hearings Southold Town Board of Appeals September 12~ 1985 Regul_~? Meeting Cop~e$ Of Pp. 1 & 2 of Legal Notice to the following 9/3/85: Mrs. Alice Hussie, P.O. Box 1045, Cutchogue, NY 11935 Mr. and Mrs. Richard Allen, 500 Daly Lane, Southold, NY 11971 Mr. and Mrs. Steven Eggers, P.O. Box 1152, Cutchogue, NY 11935 Mr. Joseph C. Cornell, 325 Willow Point Road, Southold, NY 11971 Charles R. Cuddy, Esq. as attorney for Barbara Schriever Box 279, 108 East Main St, ~Riverhead, NY ll901 Town Clerk Bulletin Board 8/30/85 ZBA indiVidual files ZBA member boxes Building InSpector (Vic) ZBA Bulletin Board (office) Del~¥ered to L.I. Traveler-Watchman 9/2/85 p.m. (door drop) Delivered to Suffolk Times 9/3/85 a.m. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date ........ . .~-53. . ~ ~ .1. 9. I .~ ............. · .':v~.~J'c,~:].,.,,_,..~....~,. !.1.~.~7 .... PLEASE TAKE NOTICE that your application dated ... for pe~it to ~c~ ~ .~ ~x ~ ~ at Location of Property .. ~ ..... 25~ ............................ ~¢us~ ~o. Street Hamlet . c . ....... '.)~ ...... Lot ...~.'.1 County Tax Map No. 1000 Section . .~.~. J. · Block ....... Subdivision ................. Filed Map No ................. Lot No~ ................ is returned herewith and disapproved on the following grounds ~C~ c~ ~. ............. ( .................................................................... B~i ~g Inspector RV 1/80 OF 8OUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. Y. Name S~eet and N~ber ................. .................................................................. ..................................... Municipality Sta~ hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE ARTICLE V I T SECTION 10 0-.7 0-B SUBSECTION THE SPECIAL EXCEPTION IS REQUESTED BECAUSE The proposed use is not a permitted use for the B-1 district in which the premises is located. The statute requizes a special exception for a tennis and recreational facility which we propose to develop at the following location, 3245 Horton Lane, Southold, Suffolk County Tax Map Number 1000-59-3-32.1. STATE OF NEW YORK ) / ~ ~) ss Sworn to~th/s ......... ./.~....~..'.. day of ......~..~..*Z .......... 19 ~ / ~ Notary Public Signature FORM ZB2 ~aL NONCE N NOTICE IS HEREBY GIVE ; ~[li~mmmmat ~ ~on ~ ~ ~e ~the~ ~ ~~e foll~ ~uthol~ ~, ~[ M~ ~n~ at 7:~ .m. on ~DAY, ~R ~ 1~, ~d 7:~ 9.m. ~CE ~ial E~n ~ ~e ~ng ~, ~, ~, ~ion 1~7~) f~ ~lon t" ~ B~m~ ~ l~a~ at the W~ S~de ~ Horn ~, ~ut~ld, ~n~i~ 4+ a~ S~lk ~unty T~ ~p ~ 1~, ~ion 59. Bilk 3, ~ 32.1. ~:40 p.m. ~C~ ~ ~N - V~ the ~ning ~n~, ~le III. ~ion 1~1. Bulk ~h~ule, for ~i~ion m ~n- stru~ new on~f~ly dwelling with ~ i~cient ~back. ~tion of ~Y: ~ ~-way 1~ off ~e ~h Side d ~a~, P~nic. ~; ~ T~ ~p Di~ 1~ ~ion 98. BI~ 5. ~t 17.2; ~t ~3 of~ ~nor ~sion stornge * ficient setlmek ~ the lan- award e~e_ 0f tidel ~rdami (o~ ordinary highwate~ marld, at 6675 Nassau Point Road, Cut- Tax Map District 10oo, Sectio~ 111, Bleck 15, Lot 7. __ Variances to the Zomng . dinance, Article VII, Sect]on~ COUNTY OF SUFFOLK l'm Weekly .on8 desiring to be heard ~ ~' ~the Town of the above matters., ~' ' comments may al,o be,~i tO of New ted prior to the conclu~i~:dr~~ hearing in question. F~ ?.~f~ pnsxed Is information, please call t~_ 0~- dlshod in fi,, of the ~o~ ~ ~pp~. ? ~ ' 765-1809 (alt. 1802). 1 ' Dated: August 22, 1985,*- 5 th BY ORI~R OF THE SOUTHOLD TOWN BOARD OF ~ GERARD P. GOEHRINGF~R, Section 69, Block 4, Lot 3..; 8:00 p.m. BARBARA n. 8CHRIEVER - Vm-iance to the Section 100-60 ~ permission ta~ establish woodworking and metal shop~, ar~ studio, and apartment in existing building located in this "BLight" Business Zoning District. at the West side of Taber Road, Orient, NY; Coimty 'lax Map District 1000, Section 18, Block 05, Lot 12, TheBoard of Appeals will hear at said time and place all per- ':*.? · Town of Southold Board of Appeals COUNTY OFSUFFOLK Department of Planning 360-5206 October 11', 1985 Pursuant to the requirements of Sections 1323 to 1332 of'the Suffolk County Charter, the following application(s) which have beem referred to the Suffolk Coonty 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) Mumicipal File Number(s) Alice Hussie - AGOP APIKOGLU & ANO 3387 Very truly yours,' Lee E. Koppelman Director of Planning Chief Planner Southold Town Board of Appeals HAIN RDAD-BTATE ROAn 25 5nUTHI3LD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN October 9, 1985 CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERTJ. DOUGLASS JOSEPH H. SAWICKI 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: __ Variance from the Zoning Code, Article , Section ~ Variance from Determination of Southold Town Building Inspector XXX Special Exception, Article VII, Section 100-70(8) __ Special Permit Appeal No.: 3387 Location of Affected Land: County Tax Map Item No.: Within 500 feet of: Applicant: Alice Hussie-AGOP APIKOGLU & ANO W/side of Horton's Lane, Southold,NY 1000- 59-3-32.1 -- Townio~ Village Boundary Line __ Body of Water (Bay, Sound or Estuary) ×X× 'State or County Road, Parkway, Highway, __ Boundary of Existing or Proposed County, Owned Land Boundary of Existing or Proposed County, or Other Recreation Area or Thruway State or Federally- State or Federal Park 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, Within One Mile of a Nuclear Power Plant within One Mile of An Airport. COMMENTS: Applicant is requesting permission to establish ten~is and recreational faciliteis in this B-1 zone Copies of Town file and related documents enclosed herewith for your review. Dated: 0ct0ber 10 ]985 I S~cretary, Board of~ApDeals S°uthold 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, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI October 9, 1985 Mrs. Alice Hussie P.O. Box 1045 Cutchogue, NY 11935 Re: Appeal No. 3387 (Special Exception) 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 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, GERARD P. GOEHRINGER CHAIRMAN Enclosure By Linda F. Copy of Decision to Secretary Building Department Planning Board Suffolk County Planning Commission Kowalski Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 ~qouTHoLD, L,I', N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS September 12, 1985 GERARD P. GOEHRINGER, CHAIRMAN $. E. Q. R. A. CHARLES GRIGONIS, .IR. SERGE DOYEN, .IR. NEGATIVE ENVIRONMENTAL DECLARATION ROBERT J. DOUGLASS " JOSEPHH. SAWICKI Notice of Determination of Non-Significance APPEAL NO. :3387 PROJECT NA~: Alice Hussie-AGOP APIKOGLU & ANO. This notice is issued pursuant to Part 617 of thc 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 n.0~ to have a signifi- cant adverse effect on the environment for the reasons indJ. cated below. ~lease 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: Permission to establish a tennis and recreational facilities in this "Bi" zone LOCATION OF PROJECT: Town of Southold, County of S~ffolk, particularly known as: West side of Horton Lane, Southold,NY more kEASON(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) This is a use variance 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 th~ applicant or his agent and posted on the Town Clerk Bulletin Board. $outhold. N.Y. 11971 (516) 765-1938 August 28, 1985 MS. Alice Hussie P.O. Box 1045 Cutchogue, NY 11935 Re: Site Plan for Tennis and Racquetball facility Dear Ms. Hussie: The following action was taken by the Southold Town Planning Board, Monday, August 26, 1985. RESOLVED that the Southold Town Planning Board refer the following recommendation to the Board of Appeals for their review regarding the special exception application. ~ The Planning Board reviewed the site and are in favor f~ o~ the proposed use for the area. The setbacks are in excess~ of what is allowed, therefore, the proposed building is set [ back far from the road, and the height and use would not be ~ ~ detriment to the area. ~ Please note, that the the above recommendation is regarding the proposed use only and if the special exception is granted, you must return to the Planning Board for site plan approval. If you have any questions, please don't hesitate to contact our office. ~c-'/Board of Appeals BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary APPEALS BOAR [;I MEMSISRS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Town Board o£ Appeals MAIN RDAD- STATE RDAD 25 BDUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 TO WHOM IT ~b~l,f 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 boazd members or persons in the audience. If you have any questions, please do not hesitate to call our secretary, Linda Kowa!ski, at 765-1809 (or if no answer, 765-1802). Yours very truly, GERARD P. GOEHRINGER C }'~A I RMAN lk L closure NOTICE ~ put~nnt to ~ ~7 T~w~d~e ~ R~ M~ .~en~a at 7:~ p.m; on ~U~DAY, S~ER !2, 19~, ~d ~ p~. ~ HUSSI~ S~ F~i~ m ~e ~n- ~, A~cle ~n 1~-70 (B) ~ ~- ~ ~blish ~nni~ and ~ea~onal f~i~s ~ "B-I' ~ne~l Bus~e~ ~n- ~ Dis~ I~t~ ~ the W~t Sl~ ~H~ ~e. ~uthold~ ~, ~n~ng 4~ ~s~ Suf- fo~ ~ T~ Map 1~, 5~on 59, B~k 3, D~ ~- V~ to · e ~ng ~, A~icle ~, S~on 1~-31, ~hedule f~ ~si~ to ~ n~ one-f~y dwe~mg ~ ~ ~nt ~a~ar~ serbS. ~ ~: ~va~ ~ted ~ ~e ~u~ si~ of ~ Neck R~, Pe~nic, ~; Co~ T~ Map 1~, S~ion ~, BI~ 5, ~t 17.2; ~t ~3 ~ M~or Sub- ~i~ No. 141 a~ 11- 27-~8. 7:45 p.m, S~PHEN GERS- Va~ to ~e ~n~g ~ce, A~icle ~, Se~on 1~-119.2 (B) for ~ission ~ns~ b~th-s~ s~c- turn wi~ ~ ~u~ent set- b~ ~m the landwa~ edge ~ ~ wetl~d (or o~ highwa~r ma~), at ~75 N~- sau Point Road, Cutcho~e, ~; N~sau Po~t Vfl~ Map No. 156, ~ ~; Coun~ T~ Map ~ 1~, ~on 111, ~I~ 15. ~t 7. 7:~ p.m. R~ E~- P~- ~D ~- Vnr- ~s to ~e '~g ~in- ~ns~ sh~S~r ~s~ ~'B~I~ ~n~ Bushes ~ one a~e ~ ama ~d less ~ 1~ R. lot ~d~ ~. ~. 1~2~)]; (2) ~tssi~ ~ ~ns~ buHd~g ~ s~ent sMey~; (3) ap- ~val ~s ~ 26~g s~s ~ ~r Nofi~ ~ ~p- ~v~ ~ted June 10, 1~. ~a~on ~ ~: ~u~ side ~ N~ R~d (C.R. ~), P~ic, NY; Cowry T~ Map ~ 1~, ~on ~, Bi~ 4, ~t 3. 8:~ p.m. BA~A~ D. SCH~E~R- Vafian~ to ~e ~n~g Ord~ce, A~cle ~ion 1~-~ for ~ssion m es~blish w~work~g and me~ shops, ~ studio, ~d ap~ment in ex~fing bu~g I~d in ~ "B-Light" Bus- ~ess ~ing ~, at the West side ~ Ta~r ~ent, ~; Coun~ T~ M~ ~ 1~, ~on 18, Bilk ~, ~t 12. ~e ~d ~ Ap~als he~ at said ~ ~d pla~ ~ons des~g to be he~ ~h ~ ~e above ma~. W~n ~mmen~ may ~so be submiRed prior to ~e . ~ ~ ~e h~g ~ qu~- ~n. F~ ~ ~,' p~ ~ ~e ~ ~ ~e~ ~ ~ A~ ~ 7~-1~ 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 Southoid, 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 ._G successively, commencing on the ........ b. ............. Sworn to before me this ........... ./ ......... day of Notary Public BARBARA FORBES Notary Public, State of New York No. 4806846 Qualified in Suffolk County Commis*ion Expires March 30, 19 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J, DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN RI-lAD- ~TATE Rr'IAD 25 SI;3UTHE]LD, L.I., N.Y. llCJ'T1 TELEPHONE (516) 765-1809 August 12, 1985 Mrs. Alice Hussie P.O. Box 1045 Cutcho9ue, NY 11935 Re: Appeal No. 3387 Dear Mrs. Hussie: In reviewing your Special Exception application filed July 29, 1985, the Board of Appeals has requested input, recommendations or approval from the Southold Town Planning Board concerning this proposed project, Article VII, Section lO0-70(B) and Article XIII (Site Plan). Upon receipt of same, the board will then schedule your application for a public hearing as early as possible. Yours very truly, cc: Planning Board GERARD P. GOEHRINGER CHA~IRMAN APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southoid Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 August 2, 1985 Alice Hussie P.O. Box 1045 Cutchogue, New York 11935 Re: Appeal No. 3387 Dear Ms. Hussie: 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 August 22 , written confirmation will be sent to you within the next couple of weeks. A copy of the legal notice of hearings will be sent to y6u prior to publication in the Suffolk Times and L.I, Traveler-Watchm~n by our office. Please feel free to call if you have any question's. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Barbara Rudder JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 29, 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 Trans~Litted herewith is Appeal No. 3387 application of Alice Hussie for a special exception. 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; survey; and plans. Judith T. Terry Southold Town Clerk Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11g71 TELEPHONE (516) 765-1809 APPEALS BOARD September MEMBERS GERARD P. GOEHRINGER, CHAIRMAN $. E. Q. R. A. CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION ROBERT J. DOUGLASS ' Notice of of JOSEPH H. SAWlCKI uetermlna~] o_n ~?_n-_~lgn~ r lcance 12, 1985 API~EAL N0.:3387 ?ROJECT NA~: Alice Hussie-AGOP APIKOGLU & ANO. 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 othbr department or agency which may also have an application pend%ng for the same or similhr project. TYPE OF ACTION: [ ] Type II [X~ Unlisted [ ] DESCRIPTION OF ACTION: Permission to establish a tennis and recreational facilities in this "Bi" zone LOCATION OF PROJECT: Town of Southold, County of Sbffolk, more particularly known as: West side of Horton Lane, Southold,NY kEASON(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~shculd 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) This is a use variance 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 th~ 'applicsnt or his agent and posted on the Town Clerk Bulletin Board. OF $OUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION APPLICATION NO. TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. ¥. Name Street and Number Cutchogue New York, 11935 Municipality State hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE ARTICLE VII SECTION 100-70-B SUBSECTION TIlE SPECIAL EXCEPTION IS REQUESTED BECAUSE The proposed use is not a permitted use for the B-1 district in which the premises is located. The statute requi~es a special exception for a tennis and recreational facility which we propose to develop at the following locat%on, 3245 Horton Lane, Southold, Suffolk County Tax Map Number 1000-59-3-32.1. STATE OF NEW YORK ) i , ,) ~ ~otar7 Public Signature FORM ZB2 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter o~' the Petition of : Alice Hussie : 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 (Variance) (Special Exception) (Special Permit) (Other) [circle cho±¢e] ). 2. Thattheproperty whichisthesubjectofthePetitionislocatedadiacenttoyourpropertyandisdes- cribedasfollows: 4 acres, west side of Horton's Lane, Southold known as 3245 Horton's Lane 3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict: B-1 General Business 4. That by such Petition, the undersigned will request the following relief: Article III, Section 100-?O B $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Sectic~ ~00-70~ [ ] Section 280-A, New York Town Law fo~' 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 may 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 thedate of hearing in the Suffolk Times and in Se Long Island Traveler-Mattituck Watchman, newspapers Town of Southold and designated for the publication of such notices; that you or your representative have right to appear and be heard at such hearing. Dated: 7-3-85 Petitioner Owners'Names: PostOfficeAddress P.O.Box 1045 Cutcho~ue, N.Y. 11935 Pi pi. RECEIPT RECEIPT NO tNSU~ NO INSUR~ NOT F~ NOT FO ~- Sent to Sent to ~ ~ Street and N ~ Street and No ~ Postage Certified Fa, ~ Special Deli Special Deliw ricted E ricted De Return Rec~ Return Receil whom an whom and Return recei ~ Date, And A ~ Date, and Ad< P 61 RECEIPT F NO INSURAI NOT FOR (. Street and NO. and Postage ified Fee Restricted Del Return ReceIF ,whom and Date, and Ad( P 676 285 904 P 6 RECEIPT I RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NO INSUR,~ NOT FOR INTERNATIONAL MAiL NOT FO~ (See Reverse) Sent tO ~ Sent tO Street and No. Street and NO. Rostage Postage Certified Fee ~, Certified Fee )ecial Deliver) f Fee Restricted Delivery Fee Restricted Deli~ Return Receipt Showin~ Return Receipt to whom and Date Delivered to whom and D~ Return receipt st Return receipt showing to whom, STATE OF NEW YORK COUNTY OF SUFFOLK SS.: t~l,C~ /¢~E, 51~. , ,residingat ~a~ ~'~T#o flu ~' ~ , being duly sworn, deposes and says that on the Z~ day of JQ L~ / , 19 ~ , deponent mailed a. true copy of the Notice set forth on the re- ve~ side hereof, directed to each of the above-named persons at the addresses set opposite thor respective name; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assmsment roll of the Town of Southold; that said Notices were mailed at the United States Post ~- rice at ~ ~C~O ~ ~ ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this day of ~ ,19 Notary Public (This side does not property owners.) have to be completed on form transmitted to adjoining QUEST!ONNAIRE TO BE COMPLETED AND FILED WITH 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 Conserva_tion, Environmental Analysis Unit, Building 40, $.U.N.Y., Stony Brook, 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. 3. [ ] [ ] [ ] 6. [ ] 7. Waterfront without bulkheadlng 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 ~,~y 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 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 l. aw and to prevent any unnecessary delays in processi~g your application(s). The ,t.¥.S. [nvirnnmenLal (l,i~iir~y It~virw Act mission of Lhis t~r~a an e.vironme. Lul revi will be made by this boaro ~o ~ny actio, i,; Lake.: SNORT. ~'NViP, O~.',EtlT.~L A,,~,' ~,.M,, ;T .... (a) i'm or,er to answer the questions in this sh~rt £AF !5 t~ a~t:~e~ t~at the preFarer will u~, currontl7 a;allab!~ !nfcm.%~ ion ce~;('umn~nK the project an~ t~e ]~ely ~:~ct3 of the acsion, it is not ex, coted that additional ~tud!~, r~earch or other investigatlon~ w~i b~ ~er~aken. (c) If all que~tions have been answered No ~r. Z~ likely t~t thi~ project i~ %~n iC acreg of land? · · , · · · · · 'dill there be a meier change to an/ ~miqua o:- an exigt'-ng body of water? ~. preC.:ct have a potentially large lmpacb on ~roundwater Q.al...y. o , · · · . · ~, Wi~l uro~e~ stgnificar, tly effec~ dr:~l~ag~ fl~w 6. Will project ,.,f__. any tarentenec cr e:lcangered ~lant or anL.,.u%! sp'ecie~? · · , · · , · 7. Will prcsect result in a maJcr adverse ef£,~ct on Will prcsect have a ~aJor effect on vim:al e Will project adversely impact any ~i:e or 10. Will project have a ~mjor effect on exi~tkng er 11. Will prejeee result in major traffic problems or 12. Will project regu~a:'17 cause objectionable ~ol~e~ glare, vibrati.~n, or ele~tr'Icai di~turt- ance as a result cf the project's; opera[ion? , 13. Will project h,~ve ant impact on pu]~J [C health or safety" · * , * · · · . , , , , fe~ .... Yes -- ~No Will pre, eot gff'.!ct the exist, in/4 {om'n,mLt7 by directly causing a erc~th in · ...... ' Is there pk~blic c?gtrovers7 ccnc~ rnlnZ Ln¢ proSect': ...... ~,'RESENTI:;G: ___ ~ hATE; _~..~$., 125 WEST [SLIP ROAD ~,..~O(~.*"~ ~'~OCLC~' WEST ISLIP, NEW YORK 11795 ~' PROJECT , DRAWING ~ DRAWN BY These plans are an In.tru- I~,1 =i4~-~' ~,~, = 4.]'/~'~ ~~;~'E~'~' meat of ~mrvlce and are the CHECKED BY property of the architect. / "~C~ E~,~t~,,~. (;~"l.) Infdngement~ will be pro- ~ i: t~=~-~-.. '-f~-~ = ~r].c~ MI~, PROJECT ,~.~.c~r¢p secured. ~l~E ~'~"~'~ ~'~'l-Ol~ 1~111,..I, Contractor shall verify all , DATE field condition, and dlmen- .Ion. and be responsible · ~ ,~v°~'ikJ~-'~ for field fit and quantity of . ~,, ~t;:~ ~l:~- ~]~. ,c~::,Jp.~ SCALE Z:,~.t~l:~:. wink. 1-. %. '~ c~°° I~" 2.o" q DATE JlSSUED TO THOMAS JOSEPH PIRKL & ASSOCIATES, ARCHITECTS 125 WEST ISLIP ROAD WEST ISLIP, NEW YORK 11795 PROJECT DRAWING DRAWN BY CHECKED BY PROJECT CG-¢4~ DATE SCALE ~o~O ment of .ervlce mhd are the property of the architect. Infringements will be pro- Secuted. Contrmctor .hall verify field condition, and dim.ri. .lone and be reiponslble for field fit and quantlly ol DRAWING No.