Loading...
HomeMy WebLinkAbout3350~/.s ,lain Rd. & E/s Depot La. #3322 L i ~e~ ~ k~, ao s~-p h~ ~[i~Za~ ~ /~5 3322~ Special. exception hearing~_to con.~en~e.con,- cerning establishment of ?cquetball/ p~iv'ate ~embe~sh~p "~'~ ~:'~/~ 3350 V, ariance to construct building ~f.or private ~N. membership with an insufficient s~tback ~ Southold Town Board o£Appeals M~i~r'RO'~D--~BTATE: ROAD 25 SOUTHOLD. L.I.. N.Y. 11971 ACTION OF THE ZONING BOARD OF APPEALS TELEPHONE (516) 765-1809 Appeal No.3350 Application Dated March 26, ]985 TO: Dr. Joseph J. Lizewski, D.D.S. Main Road Cutchogue, NY 11935 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on May 2, ]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 [X] Request for Variance to the Zoning Ordinance Article III , Section 100-30(B)[6] [ ] Request for Application of JOSEPH LIZEWSKI, 29205 Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30(B)[6] for permission to construct building for private membership with an insufficient setback from the easterly property line. Location of Property: North Side of Main Road and East Side of Depot Lane, Cut- chogue, NY; County Tax Map Parcel No~ 1000-102-02-12.1. WHEREAS, a public hearing was held and concluded on April ll, concerning the Matter of the Application of JOSEPH LIZEWSKI under Appeal No. 3350, and 1985 WHEREAS, the board members have personally viewed and are familiar witht he premises in question as well as its surrounding area, and WHEREAS, the board has considered all testimony and documentation entered into the record concerning this application, and WHEREAS, there has been no opposition entered in the record up until the conclusion of the public hearing, and WHEREAS, the board made the following findings of fact: 1. The property in question is located in a "B-Light Business" Zoning District pursuant to a change of zone granted by the Southold Tow Board March 9, 1982. 2. The property in question fronts along the north side of the Main Road (State Route 25) 147.39 (and 116.37) feet and is also situate with frontage along the east side of Depot Lane 173.13 feet (and 233.7 feet), and is shown to contain an area of approximately 1.5 acres and approximately 20,000± sq. ft~ including the one-family dwelling and lot at the corner of Depot Lane and Main Road, also owned by the applicant. 3. The subject premises is improved as shown on the site plan dated April 6, 1984, for one-family residence and professional office (CONTINUED ON PAGE TWO) DATED: May 17, 1985. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3350 Matter of JOSEPH LIZEWSKI Decision Rendered May 2, 1985 uses. 4. By this application, applicant proposes to construct a 44' by 66' recreation building addition for a private racquetball membership club with a setback at its closest point from the east side line at 32 feet, which is 8 feet closer than the estab- lished sideyard setback of the existing principal structure. 5. Article III, Section 100-30(B)[6] permits annual membership clubs catering exclusively to members and their guests subject to the following requirements: (a) No building or part thereof or any parking or loading area shall be located within one hundred (100) feet of any street line nor within fifty (50) feet of any lot line ... 6. It is the opinion of the board that the easterly sideyard has been established at 40 feet and the setback as proposed at 32 feet could be allowed for this addition if the special exception use for a racquetball club were not required by Section 100-30(B)[6], that the relief requested is minimal and is in harmony with the intent of the zoning ordinance. In considering this application, the board has determined that the relief as requested be granted since: (a) the relief is not substantial; (b) the relief will not be detrimental to adjoining properties; (c) the relief will not adversely affect the character of the district; (d) the practical difficulties are sufficient to warrant approval hereof; (e) the circumstances are unique since the property has residential structures existing as a nonconforming use since prior to the change of zoning from "A" to "B-Light"; (f) in view of the manner in which the difficulties arose, the interests of justice will best be served by allowing same, as noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that the relief requested under Appeal No. 3350 in the Matter of the Application of JOSEPH LIZEWSKI for an insufficient setback from the easterly sideyard at 32 feet for a proposed recreational club addition, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING: Modification of the Site Plan by the Planning Board to include a minimum of 27 parking spaces (inclusive of handicapped parking). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. lk May 17, 1985 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL .~,..~..L..~?_; PLEASE TAKE NOTICE that your application dated ....~....~.o/~-7~... ~...~ ...... ...... ..... ~ . ~ ~'t~o~ ~ . ~ CountY Tax Map No. 1000 Section . .~... ~ ..... Block . .~ ......... Lot~. ~. ~ ~o SubdMsion ................. Filed Map No ................. Lot No ........... is returned herewith and disapproved on the follow~g ~o~ds ...~ .~.. Building Inspector RV 1/80 DATE NAME STREET AND NUMBER MUNICIPALITY STATE hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in ZO~rNO o~Dr~A~CE A~T~CL~ ~>~ sEcr~o~¢ /~C-,~ SUBSECTION THE SPECIAL EXCEPTION IS REQUESTED BECAUSE STATE OF NEW YORK ) counTY OFS~oXk I ss Sworn to thb ...~ day of ~O.., 19%~ NOTARY PUBLIC FORM ZB2 TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ...... Name of Appellant Street and Number ............................. ~,. ~':ff~',, ~ ................................ ...~,,..,,~,, .......... HEREBY Al: Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING APPLICATION DATED: FOR: WHEREBY THE BUILDING INSPECTOR IDENiED TO Name of Applicant for permit of ...... ~,~jz/4~ ~....'T....~.,,?.-~ ......... ~~..~.., ...... .~ ~ .............. Street and Number Municipa ity State / ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (~ERMIT TO BUILD 1. LOCATION OF THE PROPERTY ,:z/~z~4~ '~' Street and Hamlet - : .... .... M~p No, / ~ot No. . D~ ~O~~D~ .~.*.~. 2, PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Secti section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) ~ticle~ , ~tion ~-~-- ~ 3. TYPE OF APPEAL Appeal is made herewith for ( ~A VARIANCE rathe Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this of the Building Inspector or with respect to this property. Such appeal was ( ~request for a special permit ( ) request for a variance REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~A Variance to the Zoning Ordinance ( ) is requested for the reason that we Would like to 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 2. The hardship created is UNIQUE and is not shared by ali properties alike in the immediate vicinity of this property and in this use district because 3 The Variance would observe the spirit af the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) L~ COUNTY OF ~u~ot~ ss ........... ii ................................... Sworn to this ................ .~...~.. ....................... day of ......... ~<~...¢~ .................................. 19~:~ ~'~ Notary Public ~o. 47557s4 ZONING BOARD OF APPEA~ '~ C, Vv'i'~l HALL MA;[,I ROAD - S.R. 25 $OUTHOLD, N.Y...11971 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, APRIL 11~ 1985, and as follows: 7:30 p.m. EMILIA T. PIKE, by A. Wickham, Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for approval of insufficient area of proposed Parcels 1 and 2 and insufficient lot width of Parcel 1, located at the North Side of Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-140-03-26. 7:35 p.m. COLGATE DESIGN CORP., by W. Esseks, Esq., 108 East Main Street, Riverhead, NY for a Variance to the Zoning Ordinance, Article VII, Section lO0~l for permission to construct accessory building within the westerly sideyard area. Location of Property: 7-11 Store, North Side of Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-05-24. 7:40 p.m. BAYVIEW DEVELOPMENT COR~/SAGE, by J. Forchelli, Esq., 120 Mineola Blvd, Mineola, NY 11501 for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule and Article XIII, Section 100-136A for approval of insufficient area of each lot in this proposed 19-lot cluster development or subdivision and insufficient setbacks. Location of Property: 67380 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-053-05-001,001.3, :12.3; known and referred to as "Breezy Shores."  7:55 p.m. JOSEPH LIZEWSKI, 29205 Main Road, Cutchogue, NY r a Variance to the Zoning Ordinance, Article III, Section 100-30(B)[6] for permission to construct building for private membership with an ~lnsufficient setback from the easterly property line. Location of Property: N/s Main Road and E/s Depot Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-102-02-12.1. 8:00 p.m. JOSEPH LIZEWSKI - Special Exception hearing to reconvene concerning establishment of racquetball/private member- ship club. :~. 8:05 p.m. TOMAS HIGGINS, Ruch Lane, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory garage in frontyard area, at 850 Ruch Lane, Southold, NY; County Tax Map Parcel No. 1000-52-02-30. Page 2 Legal Notice of Hearings April ll, 1985 Regular Meeting Southold Town Board of Appeals 8:10 p.m. HAROLD CARR, Box 1416, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct deck addition with an insufficient rearyard setback, at 2045 Marratooka Road, Mattituck, NY; County Tax Map Parcel No. 1000-123-02-003. 8:20 p.m. DOMINICK VARANO, by R. Lark, Esq., Box 973, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule for approval of insufficient area of proposed Lot 3, at premises 6750 Indian Neck Road, Peconic, NY; County Tax Map Parcel No. 1000-86-07-004. 8:30 p.m. WILLIAM AND HELEN COSTER, by R. Lark, Esq., Box Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30(B)[13] for permission to establish and build one-story building as a ~uneral home business, at premises of Dalchet Corp., S/s Main Road and W/s Harbor Lane, Cutchogue, NY; County Tax Map Parcel No. lO00-97-6-part of 15; containing 2+ acres in area. 973, The Board of Appeals will at said time and place hear all persons interested in the above matters. Written comments may also be submitted prior to or during the he6ring in question. Dated: March 28, 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, APRIL 4, 1985 and forward nine affidavits of publication by April 9th to: Board of Appeals, Main Road, Southold, NY 11971. Copies of Legal Notice to the following on or about 4/2/85: Abigail Wickham, Esq., attorney for E. Pike W. Esseks, Esq., attorney for Colgate Design Corp. J. Forchelli, Esq., attorney for Bayview Development H. Raynor, Jr. Dr. Joseph Lizewski Mr. Tomas Hi§gins Mr. Harold Carr R. Lark, Esq., attorney for D. Suffolk Times (personal delivery) L.I. Traveler (personal delivery) Zoning Office Bulletin Board Town Clerk Bulletin Board Supervisor Victor Lessard ZBA members ZBA individual files Varano and W. Coster applications · FO~M NO. ~ · '~OWH OF SOUTNOLD .UILDING DEPARTM£NT TOWN HALL SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION. OF THE WORK AUTHORIZED) No 15716, Z Permission is hereby granted ~o: /~ · I · ...~~.~.....~.:~:.....u:~.:~.~.~. ......... ,o...~.......~..~.~....~....~..~...g~..~..~.~ .......... ~.:..~.~.q..~.. ............... at premises J~at~ at ......~..~..~ .......... ~/..~,....~.~ ....... ~:.~.~ Building Inspector, Building Inspector -Elcctrician's-L~censc No ............... ; V./. '; .'; ~ '~OAi(D BI" HEAl. TH ...... 'FORM NO. 1 ;TOWN ~)F SOUTHOLD '~01LDING DEPAR'I'M ENT TOWN HALL $OUTHOLD, N.Y. 119TI TEL.: 765.1802 CIIECK .......... SEPTlr' l'Oll;! ............. : NOT ] FY CAI.I. - ............... t-lAIl, 'lO: Approve~...o~..'~..'~. ., 19'~7. Permit No.t .~.~.7./.(?..~. , to::,' ~,\',,,' , Disapproved a/c ................................ ,, , ..... ............... (~uilding Inspector) APPLICATION FOR BUILDING PERMIT e l)at~ ................... 19.. INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to thc Building ln.xpcvtor, wifll :ets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings oil premises, relationship to adjoining premix,cz or puhlic strce ,or areas, and giving a detailed description of layout of property must be drawn on the diaglam which is part of this appi cation. c. The work covered by this application may not be commenced before i:;s,ance of Building Pcrn',;t. d. Upon approval of this application, the Building Inspector will issued a Buihling Permit t,o thc :q,?,lica~;t Such perm shall be kept on the premises available for inspection throughout the w`ork. e. No building shall be occupied or used ill whole or in part for auy purpose whatever mttil a Certificate of Occupant shall bare been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for thc issuance of a Builaing Permit pursuant to tl', Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and od~er applicable Laws. Ordinances < Regulations. for tile constructiou of buildings, additions or altcrati`ons, or for removal or demolition, as herein describer ]'lie applicant agrees to comply with all applicable laws, ordinances, Imiltli.g code. h`ousi.'~g code. and rcguk~tions., :md: admit authorized inspectors on premises and h~ building for nccess;, y inspccli(ms, (Siga lltuc ol applicant, (~r m.,.:, il' a colporatJoll) (Maili.k; address of applicant) State whether applicant is owner, lessee, agent, architect, cu?ineer, geaeral contractt,r, clectrici;m, phu.13cr or buildc 775. (as on the tax .~1I or la'est ~lecdl ' ' Ir applicant is ~ co~oration, sisna~urc of duly authorizcd,~i ~' - '"' ...... ~ ........ (. .-~ . . ' , (Name ~d title of co,orate officer) · . r ,, AL~ CO~TRACYOR~S ~US~ B~ SUFFOLK COUNTY I, IC~NSI, I) at:5 ~., · . · Builder's License No Plumber's License No ..... ' I. Locaho~ofhndonw~ichproposedworkw betom .~a~+~t~'. . ~'. ....................... .... llouse Number Street l laml~} Subdivision ..................................... Filed M:Ii', No ............... l.ot ............. (Name) State existing use and occupancy of premises and intended use aad occupancy of Im)po'~,2d constrt~cli`ou: a. I?isting use and occupancy ........ ~P~ .................................................. b. Inlended use and oeo' · a,,cy . .~ ..... O.. .~ ......... .................. " f ..... ~,.mnwl "" Demc~lit on Other Wot!. ...... ~ ' ' ~ ~ ~'~ C;~'ts (Descriptioa) l ted Cost[ ..................... · -~. i~ .'..' ........ Fee ...................................... ~ ' . (to be paid on filing thi~ application) units....~g........ Numberofdwellingunitsoncad~floor ................ li. ng, number Of dwelling If garage, nmnber of cars .............. ~{"~¢ ......................................................... If business, commercial or mixed occupancy, ipecify nature and extent of carl/tEpt' of use ..................... . ~ (~; Dimensions of exis~ng structures, if any: Front ...... ~ ..... Rear .............. Deplh ~.~ ....... l leight .... ~. ........ Number of Stories ........................................................ l)imensions ofsame structure with alterations or additions: Front ................. Rear ................... Depth ...................... lleight ...................... Number of Stories ...................... Dimensions of entire new construction: Front ............... Rear ............... Depth .......... : .... l leight .... rdnt . ~. Nmnber of Stories: .............. ~ .a ...................... .' .-d.~- ........... si:¢ or:or: E' ............ ....... Z ......... D ,p:t, .... ............ Date of Purchase ............................. Name of Former Owner ............................. · Zone or use district in which premises are situated ..................................................... Does proposed construction Violate any zoning law, ordinance or regulation: ................ , ....... : ........ Will lot be regraded .... · .......... ~ .... ~ V: ..... Will excess fill bo removed from prc:nise~;: Yes No Name of Owner of premises . .~ ~ .~ ~:Oe~.. Address ................... l'hone No ................ Nam~ of Architect '... · ~ ..... y .... ]~ ...... Address ................... Phone No ................ N~e of Contractor .... ~... ~ ...... Address .............. , ..... Phone N9 .... .: ........... I$ this property located wttht~ 300 feet of a ttdal wetland? t¢~e~ ..... :'tf yes, Southotd To~ Trustees Permit maybe required. - PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimcnsLms from ?.trly lines· Give street and block number or description according to deed, and show street names and indicate nor or corner lot. ?/ I'E OF NEW YORK, S.S ............................................. being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) (Contractor, agent, corporate officer, etc.) ~, , ,c ,id owner or owners, and is duly authorized to perform or have performed the said work and to make and file this :cation; that all statements contained in this application are true to the best of his knowledge and belief; and that the · will be performed in the manner set forth in the application filed therewith. m to before me this ............ ;, ..... day or .................... . ,,y l'ublic,....~...~-~..ce-. ~.. ~ .~'. ~...R"~.' County. ~ ~ ~ ~ ~, ~ ~8tlC ?re ef ~e~ YDfk // COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 Town of Southold Board of Appeals 'May 31, 1985 Pursuant to the requirements of Sections 1323 to 1332 of thelSuffolk County Charter, the following applications which have been referred to the Suffolk County Planning Com~,~ssion are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Mpnicipal File Number Joseph Lizewski Helen & William Coster Joseph Lizewsk± 3322 3326 350 GGN:jk Ve~ truly yours,i, Lee E. 'Koppel~n~ DxrgctOr of Plann~ing ' Gerald~ G. Ne~an, ~ief Planner HAUP"AUG£.iL.'.. NEW YORK 11788 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 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: XXX. Variance from the Zoning Code, Article III , Section 100-30(8) Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit [6] Appeal No.:3350 Applicant: Joseph Lizewski Location of Affected Land: North Sdie of Main Rd. County Tax Map Item No.: 1000- 102-02-12.1 Within 500 feet of: XX E/s Depot Lane Cutc~:ogue Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, 'Boundary of Existing or Proposed County, Owned Land Boundary of Existing or Proposed County, or Other Recreation Area 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, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requestinq permission tgpermissi0n to construct building for private membership wi~h insufficient setback from the easterly propert~ line. Copies of Town file and related documents enclosed herewith for your review. ~ Dated: ~/~l%f- ~O~0w~- Secretary, Board of Appeals 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 25 SDUTHOLD, L.I., N.Y, 11971 TELEPHONE (516) 765-1809 ' May 17, 1985 Dr. Joseph J. Lizewski, Main Road Cutchogue, NY 11935 D.D,S, Re: Applications No. 3350 and 3322 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 applications~. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may Re applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to Building Department Planning Board" Suffolk County GERARD P. GOEHRINGER CHAIRMAN Secretary Planning Commission Southold Town Board of Appeals MAIN RI-lAD - ~TATE RI3AD 25 513UTHI3LD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWiCKI October 9, 1987 Charles'R. Cuddy, Esq. 180 Old Country Road (Rte. P.O. Box 1547 Riverhead, NY 11901 58) Re: Appl. Nos] 3350 and 3322-SE Joseph J. Lizewski Location of Property: E/s Depot Lane and N/s Main Road, Cutchogue; 1000-102-02-12.1 Dear Mr. Cuddy: This letter is in response to your letter dated October 6, 1987 concerning the above premises and circum- stances. As you are aware, the only Zoning District regulating setbacks for accessory buildings in the Zoning Code is in the "A" Residential and Agricultural District. In reviewing this matter, the following circumstances have been taken into account and relied upon: 1. The subject premises is located, in the "B-Light Business" Zoning District. 2. The. Provisions of Article VI regulating this Zone do not provide for setback limitations of proposed accessory buildings. 3. On May 2, 1985, Conditional Approvals were rendered by this Board under Special Exception No. 3322 and Variance .. Application No. 3350 concerning this site and based upon the April 6, 1984 Site Plan Map prepared by Garrett A. Strang, R.A. Z9e 2 - OctoberZ 1987 ~' ~..rle~ R. Cuddy, Esq. .~~PS._3_350-~nd §322 - Joseph Lizewski Location of Property: E/s Depot Lane, Cutchogue LOCa~lon O~ Property: E/s De 4. Subsequently, on June 3, 1985, the Building Inspector certified this project as to meeting all zoning regulations; and on July 19, 1985, the Chairman of the Planning Board endorsed the subject Map. It is our understanding that the project is in its final stage under the site-plan review process. 5. The subject 30± ft. by 60± ft. accessory structure was considered in the above Board approvals in the general location as now exists. 6. Permits have been issued concerning the new construction, as well as the re-positioning of the accessory building (provided for in Permit #15716Z issued 2/28/87). 7. The subject accessory structure is located at a distance in excess of 40 feet from the property line along Depot Lane and 20 feet from the northerly property line, more or less (although not yet placed upon a permanent base). It is the position of the Town that setbacks for acces- sory buildings in the commercial zoning districts, including the "B-Light Business" District, must not be less than that required for principal structures. The "B-Light" Zone requires a minimum of 35 feet from all front property lines. It is the position of this Board that since the subject accessory building: (a) is located in excess of this setback requirement, (b) shall continue to be used as an "accessory on this lot and customarily incidental to the permitted use[s] and not involving a separate business" per Article VI, Sectipn 100-60C[2] of the Zoning Code, and (c) will meet such con- struction code regulations as apply, [before the issuance of a final Certificate of Occupancy for th'i'~'building], a variance is not required for further interpretation, etc. It shodld be understood, however, that in the even~ an additional principal use is proposed by an expansion into this accessory building or otherwise on this site, further ''approvals will be necessary by both the Planning Board and the Building Department, as well as this Board, particularly if.such (new) principal use is in addition to those uses previously applied and approved. 3 October 9, 1987 Charles R. Cuddy, Esq. Appl. Nos. 3350 and 3322 Joseph Lizewski Location of Property: E/s Depot Lane, Cutchogue A copy of this letter is simultaneously being furnished to the Building Department for their files. lk CC: Yours very truly, ~ JGER~D P. GOE~RI~R Build,n§ Department GHAP,~,~.S R. GUDDY 1~,00~ Gou~I~¥ Ro~ (R~rm. 58) October 6th, 1987 Gerard P. Goehringer, Chairman Southold Zoning Board of Appeals Main Road Southold, NY 11971 / Dear Mr. Goehringer: i represent Joseph and Judy Lizewski. They own property at the Main Road, Cutchogue, identified by tax map number 1000-102-02-12.1. The property is the site of construction, which is virtually completed and which includes amongst other uses, Dr. Lizewski's dental office as well as a health club. A barn was located adjacent to the northwest corner of the newly constructed building. In order to eliminate a potential fire hazard the Lizewskis agreed to move that barn. In February, 1987, Joseph Lizewski obtained a permit to permit the barn to be moved to a new location on the same lot. Attached is a copy of the building permit, application form and a sketch showing the approximate location of the barn in its original position and a proposed new location. In fact, the barn was moved on a line which is nearly parallel to its former location. It is in excess of forty (40) feet from the street line and twenty (20) feet from the side line. It has come to my attention that, even though a building permit to move the barn was issued, that the building inspector is presently taking the position that the barn does not comply with the set back requirements. You will note that the land is presently zoned "B-Light". Either as a principal structure or accessory structure the barn will meet the requirements of the zoning code as to set back distances. At no time during the lengthy process involved in obtaining site plan approval or building permits was any mention made of the location of the barn as being inappropriate. However, at the urging of the building department the barn was moved. As noted this was accomplished with the consent of the building department and resulted in the issuance of a permit. Page Two Letter to Zoning Board of Appeals October 6th, 1987 A review of the Town Code indicates requirement for accessory buildings district. The facts and the law, I following: that there is no set back in the "B-Light" zoning use believe, establish the 1) The Lizewskis applied for and obtained a building permit to move the barn, and in reliance upon it expended thousands of dollars to relocate that structure; 2) The barn in its relocated position is at, or exceeds, back distances shown on the sketch plan accompanying the application; the set 3) Southold Town, has, through its building department, uniformally interpreted the Town Code where no set back require- ments are set forth to require the same set backs as required of accessory structures in the residential districts; 4) There is no set back requirement for accessary structures in the "B-Light" zoning use district; 5) The barn in its present location meets the set back requirements even for principal structures in the district; 6) As applied to this structure and to these facts there is no need for an interpretation of the Town Code, and the location of the barn does not violate the Code. I submit that the barn is appropriately positioned on the Lizewski parcel. I would appreciate your confirming that the set backs, as described, are proper and that the location of the barn does not violate the Southold Town Code. Thank you for your consideration of this matter, and I am hopeful that you will be able to provide me with an early response. Very truly yours, Charles R. Cuddy~ CRC:cz enclosures TOWN OF SOUTI~OLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 TEL. 765-1802 June 3,1985 Planning Board Town of Southold Main Rd. Southold, N.Y. 11971 Subject: Dr. Joseph Lizewski Racquet Ball Courts Cutchogue, N.Y. 11935 Gentlemen: The subject premises is located in a 'B' Light Business Zone district. The proposed use is permitted for this zone by special ex- ~ ception by the Zoning Board of Appeals. (Art. VI Sec. 100-60 B (1)(2)) A special exception was granted under Appeal # 3322 dated May 2,1985, in view of this, this site plan qualifies for certifi- cation in meeting zoning regulations. EH:dsm Yours Truly, Building Inspector ZBA April 11 , 1985 Page 3 3322 #3350 - At 8:00 p.m. a Public Hearing was held in the matter of JOSEPH LIZEWSKI for a variance to construct a building for private membership with an insufficient'setback from easterly property li~e- north side of Main Road and Depot Lane, Cutchogue. h C airman/r~ad ~egal notice and appeal application in their entirety for the record, since hearings were recessed from prior meeting. MR. CHAIRMAN: Doctor, can I ask you a couple of questions on your site plan here? What is the building in question, here that we are referring to? J. LIZEWSKI: These setbacks here are supposed to be as per Town Code. Both of these buildings are within 50'. This is the new section that is to be built. MR. CHAIRMAN: And it has this mismatched effect to it? What is the purpose of that? J. LIZEWSKI: To keep the corner of the present which will be removed. close to this building. building away from the This came straight, too MR. CHAIRMAN: Basically, we are talking about an addition 34 x 26 to 46 x 44. J. LIZEWSKI: Yes, I had to have it redesigned in order to keep the distance from the corner of this one. MR. CHAIRMAN: Would this have locker rooms? J. LIZEWSKI: Yes, a locker room and 2 racquet ball courts, you have to have locker rooms. MR. CHAIRMAN: And how high did you say this building was? J. LIZEWSKI: It is one floor. It is being built subteranneously and it is 10 feet below the ground. MR. CHAIRMAN: How far will it protrude out of the ground? J. LIZEWSKI: It is a One story building. It will keep the same roof height as the rest of the buildings, so it looks nice. I have been working down to it as I built. MR. CHAIRMAN: Thank you very much Is there anybody else who would like to speak on behalf of Dr. Lizewski's proposed recreation buildi~ Against the application? Questions from Board members? Hearing no further questions, I will make a motion closing the hearing reserving decision until later. Thank you very much for coming. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOI-D, L.I., N.Y. 11cj'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS March 28, 1985 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S oE.Q.R.A. SERGE DOYEN, JR. ROBERTJ. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significanc~ APPEAL NO.: ~%0 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. . Please take further notice that this declaration should not be considered a determination made for'any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [~] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance to Qonstructbuildi~ for priva~ membership with an insufficent setback Irom the easter£y property ±lne LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: N/s Main Rd. and E/s Depot_Lane Cutchogue 1000-102-02-12.1 REASON(S) SUPPORTING TH~S 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 relief requested is a setback or lot line variance. p t q o cared wzthln 300' w~a~ ~ ~t~r ~8~e~a~ ~r~. ' ' of tidal 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. JUDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 October 17, 1985 To: From: Re: Southold Town-Planning Board Southold Town Board of Appeals Southold Town Building Department Judith T. Terry, Town Clerk Requests for Waivers: Joseph Lizewski 125-127 Main Street Corp. Please submit all pertinent data in your files pertaining to the following waiver requests: Garrett A. Strang, on behalf of Joseph Lizewski, proposed racquetball facilities, Main Road and Depot Lane, Cutchogue. Garrett A. Strang, on behalf of 125-127 Main Street Corp., premises at 6q5 Ninth Street, Greenport. Attachments (2) GARRETT A. STRANG October 14, 1985 MAIN ROAD, P. O. BOX 1412~ SOUTHOLD, NEW YORK li971 516-765-5455 Supervisor Frank Murphy and Members of the Town Board Town of Southold Main Road Southold, New York 11971 Re: Proposed Racquetball Facilities, Joesph Lizewski, Main Road and Depot Lane, Cutchogue, New York Dear Supervisor Murphy and Members of the Board: The Building Department has advised me that they will take no further action on the above matter, because of the present moratorium. Please be advised that the above application received Planning Board approval on June 24, 1985 and that to the best of my know- ledge, is in keeping with the proposed master plan. I respectfully request a waiver of the moratorium and ask that the Board notify other Town departments of same. Thank you for your courtesy and cooperation in this matter. Very truly yours, GAS/b Garrett A. Strang, R.A. cc: J. ~izewski (3ARRETT A. STRANG ARCHITECT October 14, 1985 MAIN ROAD, P, O. BOX 1412 $OUTHOLD, NEW YORK 11971 Supervisor Frank Murphy and Members of the Town Board Town of Southold Main Road Southold, New York 11971 Re: Premises, 645 Ninth Street, Greenport, New York Dear Supervisor Murphy and Members of the Board: The Building Department has advised me that they will take no further action on the above matter, because of the present moratorium. Please be advised that application for Building Permit was made on September 23, 1985, for an addition to an existing business use, for which it is my understanding, no Planning Board approval was necessary and to the best of my knowledge, is totally in keeping with the proposed master plan. I respectfully request a wai~er of the moratorium on behalf of my client, 125-127 Main Street Corp., and ask that you notify other Town departments of same. Thank you for your courtesy and cooperation in this matter. Very truly yours, GAS/b G~ R.A. Southoid Town Board of Appeals MAIN ROAD- $TATE ROAD 25 SOUTHOLD, L.I., N.Y, 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI TO: Judith T. Terry, Town Clerk FROM: Southold Town Board of Appeal~ DATE: October 17, 1985 SUBJECT: Your Memo Dated October 17, 1985 Joseph Lizewski Main Road and Depot Lane, Cutchogue In response to your recent inquiry, please be advised that we do not have an application or other written material of recent date concerning the above-noted premises. We do, however, have a conditional Special Exception which was granted for the establishment of a private racquetball club on May 2, 1985; a copy is enclosed. Also enclosed is a copy of the conditional variance granted May 2, 1985 for a 32-foot setback from the easterly property line (at variance from the established 40 feet existing and unlimited sideyards for other permitted uses in this B-Light Zone). Southo!d Town Board of Appeals MAIN ROAD STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3322 Application Dated January 8, ]985 TO: Dr. Joseph J. Lizewski, D.D.S. Main Road Cutchogue, NY 11935 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on May 2, ]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 III , Section 100-30(B)[6] _ [ ] Request for Variance to the Zoning Ordinance Article , Section · [. ] Request for Application of JOSEPH LIZEWSKI, 29205 Main Road, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30- (b)[6] and Article VI, Section lO0-60(B)[1](a) for permission to establish recreational use (private racquetball membership club) at premises located on the north side of Main Road and east side of Depot Lane, Cutchogue, NY; District lO00, Section 102, Block 02, Lot 12.1. (B-Light Business Zone) WHEREAS, a public concluded on April ll, Appeal No. 3322, and hearing was held initially March 7, 1985 and was 1985 concerning the Matter of JOSEPH LIZEWSKI under WHEREAS, the board members have personally viewed and are familiar with the subject premises as well as its surrounding area, and WHEREAS, the board has considered all testimony and documentation entered into the record in this matter, and WHEREAS, there has been no opposition entered in the record up until the conclusion of the public hearing, and WHEREAS, the board made the following findings of fact: 1. The property in question is located Zoning District pursuant to a change of zone Tow Board March 9, 1982. in a "B-Light Business" granted by the Southold 2. The property in question fronts along the north side of the Main Road (State Route 25) 147.39 (and 116.37) feet and is also situate with frontage along the east side of Depot Lane 173.13 feet (and 233.7 feet), and is shown to contain an area of approximately 1.5 acres and approximately 20,000± sq. ft. including the one-family dwelling and lot at the corner of Depot Lane and Main Road, also owned by the applicant. 3. The subject premises is improved as shown on the site plan dated April 6, 1984, for one-family residence and professional office uses. 4. This is an application for a Special Exception by which applicant proposes to construct a 44' by 66' recreational addition for use as a private racquetball membership club with a setback at DATED: May 17, 1985. Form ZB4 (rev. 12/81) (CONTINUED ON PAGE TWO) CHAIRMAN, SOUTHOLD TOW~N ZONING BOARD OF APPEALS Page 2 - Application No. 3322 Matter of JOSEPH LIZEWSKI (Special Decision Rendered May 2, 1985 Exception) 32 feet from the easterly side property line. 5. Article III, Section 100-30(B)[6] permits annual membership clubs catering exclusively to members and their guests after receiv- ing a special exception from this board and site plan approval from the Planning Board in accordance with Section 100-134 of the Code. 6. For the record it is noted that conditional approval has been made simultaneously herewith to grant an insufficient sideyard setback from the easterly property line at'32 feet under Appeal No. 3350. In considering this application, the board determines: (1) the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (2) that the safety, health, welfare, comfort, convenience and order of the town will. not be adversely affected by the proposed use and its location; (3) the use is in harmony with and will promote the general purposes and intent of zoning since it is a permitted use. In passing upon this application, the board has also considered items (a) through (1) of Article XII, Section 100-121(C)[2] of the Zoning Code. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that a Special Exception as requested under Appeal No. 3322 in the Matter of the Application of JOSEPH LIZEWSKI at premises known and identified on.the Suffolk County .Tax Map as District 1000, Section 102, Block 02, Lot 12.1, BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING: Modification of the Si~ Plan by the Planning Board to include a minimum of 27 parking spaces (inclusive of handicapped parking). Vote of the Board: Douglass and Sawicki. of all the members. Ayes: Messrs. Goehringer, This resolution was adopted Grigonis, Doyen, by unanimous vote lk May 17, 1985 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 ROAD- STATE ROAD 25 SOUTHOLD, L.h, N,Y. 11971 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). Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk Enclosure JUDITH T. TERRY TOWN CLERK REGISTRAROI VITAL$1AIIS OFFICE OFTHE TOWN CLERK TOWN OF SOUTHOLD March 26, 1985 Town Hail, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Zoning Board of Appeals, Southold Town From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3350 application of Joseph Lizewski for a variance. Also included is Notice to Adjacent Property Owners; Short Environmental Assessmen~ Form; letter relative to N.Y.S. Tidal Wetlands Land-Use; and proposed plans. Judith T. Terry Southold Town Clerk TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPFJ~L NO..~.~-5~ DATE .....>:ZT.....~...~. ~.'../.?~'s- TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,, ~We).~-~.../..v.......d....../z..~../.. ........ o, ....~....~....~.. ................................... Name of AppellantStreet and Number · ~..~.-.~....,~/,,-~. ............ ~....~...-- ......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: FOR: WHEREBY THE BUILDING INSPECTOR DENIED TO ............... ........ Name of Applicant for permit ../..~.~: ~.:..z....~z...c~ ~:~,'.~.~ ...... .~....~.. Street and Number Municipality State of ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) PERMIT TO BUILD Street and Hamlet Zone .~ ./z....../.~..:~<!.../.~.z.....~ ~ .~, ,.O~ER (~): .~.~.~p/.f:.....Z/..~..~-~. ~/. Mop No. 7 Lot '1~o.' .... 'X/.~/Z ~.~..~..~,~/.../.~'..../..~/..~../.. DATE PURCHASED: 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub~ section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article i ,/77~ , Section /~?c~-~d2- ~ 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 (ha__.~.s) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( I/)/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 (/,4/A Variance to the Zoning Ordinance ( ) is requested for the reason that O{ q7~ ~ we would like to ~ a ~ ~ ~o~n ZB~ (Continue on other side) REASON FOR APPEAL Continued sary HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- vicinity of this property and in this use district because The hardship created is UNIQUE and is not shared by alt properties alike in the immediate 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE CflARACTER OF THE DISTRICT because THE STATE OF NEW YORK ) ) COUNTY OF ~u~-~k ) SS Sworn to this .................. .,~.....-:~. .................. day ' (~ Notary Publi~'''~' .............. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ..~f.Z~.~....~.?..: ../ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. (we) ....... .... of ............. ....................... Nome of Appellant Street and Number ...................... ~:..7~,~...~,.~ ..................................... ~.. ,,~... ........HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: FOR: WHEREBY THE BUILDING INSPECTOR DENIED TO .............. ............ Nome of Applicant for permit Street and Number Municipality State () PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (~ PERMIT TO BUILD 1. LOCATION OF THE PROPERTY ...v///'~_./~_....~/~.. ............. ~..~.../F_.,..L~..~.~.........,/~-// Street and Hamlet Zone Mop 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 ~Z~, Section /~ - ~- ,~/__~ 3. TYPE OF APPEAL Appeal is made herewith for ( .-4""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 (ho~s) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeol was ( t'~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 A Variance to the Zoning Ordinance ,s requested for the reason that we would like to ' Form ZBt (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 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 6'~. 3 CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE S~^TE OF NEW ~ORK ) COUNT,,' oF .~,.,~o/kl ss .................................. Sworn to this ................ ~.~...~ .................. day of ....... ~.~.~ 19 QUESTIONNAIRE 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 Conservation, Environmental Analysis Unit, Building 40, S.U.N.Y., Stony Brook, NY 1179~,, (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 5tony 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. I ] ~. [ ] 5. [ ] 6. [ ] 7. Waterfront without bulkheading Waterfront with bulkheadin9 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 mol'e 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 Law and to prevent any unnecessary delays in processing your application(s). ~re~r w~ use cc~n~ly a~able ~o~on conc*~ the p~Jec~ ~d CAe ~el~ ~ccs of ~he acci~. I~ ~ no~ e~oc~ed ~ ad4~2o~ s~ud~ef~ ~earch or o~r ~ea~ac~ ~1 be ~de~en. (b) ~ ~ ~uescicn ~s been an~e~d ~es ~he prcJec~ ~y be si~icanc ~d a (c) ~ ~1 quesCl~ ~ve been ~d (d) ~en=al Assess~nt 2, V~ ~he~ he a ~J~ c~e Co ~ ~ique or W~ p~Jec~ ~vi a ~, W~ p~JecC si~2c~7 effect ~ ad~acen~ sloes? , . · · · · · · · ·ee ~ YeS ~O ~, W~l p~cJec~ ~ve a Mj~ effec~ on v~ c~ W~I proJec~ adversel~ ~c~ ~ cf historic, p~s~ric, or palecn~ologlc~ ~o~ce or ~7 sl~e desi~ed as a c~i~lc~ W~ prcJec~ ~ve a ~Jor effec~ on e~c~ fu~ rec~acl~ ~po~i~!es~ , . , -- Yes ~o 11, W~l proJec~ rest= cause a ~Jcr 12,W~i proJec= rs~ar~y cause cbJec~lc~hle ~cr~ ance as 13, W~! p~Jec~ ~ve .,,"' W~l proJec~ Affe=~ d~ec=ly caus~g a ~h ! ! ZONING BOARD OF APPEALS Town Hall Main Road - S.R.~ Seuthold, N.Y. 11971 COUNTY OF SUFFOLK STATE OF NEW YORK ss: NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Code of the Town of Southoid, the following public hearings will be held by the Southold Town Board of Appeals at the Seuthold Town Hall, Main Road, Seuthold, NY at a Regular Meeting, commenc- ing at 7:30 p.m. on THURS- DAY, APRIL 11r 1985~ and as follows: 7:30 p.m. EMIL1A T. PIKE, by A. Wickham, Esq.,-Maln Road, MaRituck, NY for a Variance to the Zoning Ordin- ance, Article IH, Section 100- 31, Bulk Schedule for approval of insufficient area of pro- pesed Parcels I and 2 and insufficient lot width of Parcel 1, located at the North Side of Main Road, Mattitack, NY; County Tax Map Parcel No. 1000.140-03-26. 7:35 p.m. COLGATE DE- SIGN CORP., by W. Esseks, Esq., 106 East Main Street, Riverhead, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permission to construct acces- sory building within the west- eriy sideyard area. Location of Property: 7-11 Store, North Side of Main Road, Cut- cbogue, NY; County T~x Map Parcel No. 1000-102-05-24. 7:40 p.m. ~ VELOPMENT CORP./SAGE, by J. Forchem, Esq., 120 Mineola Blvd., Mineola, NY 1150~ for a Variance to the Zonin~ Ordinance, Article IH, Sectio~a 100-31, Bulk Schedule and/~rticie XIII, Section 100- 136A for approval of insuffi- cient area and width of oach lot in this proposed 19-lot cluster development or subdivision and insufficient setbacks. Lo. cation of Property: 67380 Main Road, Grcenport; NY; County Tax Map Parcel No. 1000- 053-05-001,001.3, 12.3; known and referred to as "Breezy Shores." //~7:55 p.m. JOSEPH LIZEW~'N SKI, 29205 Main Road, Cut- choguc, NY for a Variance to the Zoning Ordinance, Article HI, Section 100-30(B)[6] for ~ermission to construct build- ~g for private membership ith an insufficient setback ~m the easterly property ..e. Location of Property: N/S ' Main Road and E/S Depot , i Lane, Cutchogue, NY; Count ~ / I Tas Map Parcel No. 1000-.~ /,o102-02-12.1. ' 8:00 p.m. ~ SKI, Special Exception hear- ing to reconvene concerning establishment of racquetball/ private membership club. 8:05 p.m. THOMAS H1G- GINS~, Ruch Lane, Southold, NY for a Variance to the Zoning Ordinance, Article m, 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 lq'ot~J.y Public, State of New York No, 480~846 Qualified in Suffolk County C~mmission Expires March 3~, 19 , ',LEG~L NOTICE NOTICE IS HEREBY GWEN, pUrSuant to Section 267 of the Town Law and the Code of the Town of Southold, %he following imblic hearings will be held by the Southold To~n Board of AP. peals at the Southold Town Hall, Main Road, o .thold, NY at a Regular Me ~, commencing at 7:30 p.m. on THURSDAY, APRIL 11,1985, and as foll0~w s: 7:30 p.m. EMILIA T. pIKE, by A. Wickham, Esq., Main Road, Mattltuck, NY for a Vari- ance to the Zoning Ordinance, Article IH, Section 100-31, Bulk Schedule for approval of insuffi- cient area of proposed parcels 1 and 2 and insufficient lot width of Parcel 1, located at the North Side of Maih Road, Mattituck, NY; County Tax Map Parcel No. 1000-140-03-26. 7:35 p.m. COLGATE DE- SIGN CORP., by W. Esseks, Esq., 108 East Main Street, Riverhead, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permis- sion to construct accessory build- lng within the westerly sideyard area. Location of Property: 7-11 Stere, North Side of Main Ro~d, C*utehogue, NY; County Tax Map parcel No. 1000-102-05-24. 7:40 p.m. RAYV1EW DE- VELOPMENT CORP./SAGE, by J. Forchelli, Esq., 120 Minepin Bird, Mineola, NY 11501 for a Variance to the Zoning Ordi- nance, Article III, Section 31, Bulk Schedule and Article XIII, Section 100-136After ap- proval of insufficient a~ea and width of each lot in this ip~oposed 19-lot clu~tor developn~ent or subdivision and insufficient backs. Location of property: 67380 Main Road, Gree- NY; County Tax Map Parc~ o. 1000-053-05-001,001.3, 12.3~ known and referred to as "Breezy ,× 7:55 p.m. JOSEPH \ LIZEWSKI, 29205 Main Road Cutchogue, NY for a Variance to the ~oning Ordinance, Article : III, Section 100-30(B)[8] for per- ~ m~ss~on to constr~ct build ng for private membership with an in- sufficient setback from the eas-~ terly property hne. Location o \ Property: N/s Ma n Road and E/s Depot Lane~ Cu~chogue, NY; County Tax Map Parcel No. 1000-102-02-12.1. ~-~ 8:00 p.m. JOSEPH LIZEWSKI - Special Exception hearing ~ reconvene concerning e~tablishment of racquetha!l/pri- vate ~nembership club. 8:05 p.ro~ 'lOMAS HIGGINS, Ruch Lane, BouthSld, NY for a Variance to the Zoning Ordi- hence, Article HI, Section 100-32 for permisslon to construrt acces- sory ~arage in frontya:rd area, at 850 Ruch Lane, Southold, NY; ~ounty Tax Map Parcel No. 1009-52-02-30. 8:10 p.m. HAROLD cARR, Box 1416, Mattituck, NY for a Variance to the Zoning Ordi- nance, Article HI, Section 100-31 for perlnission to construct deck addition~with a~ iv. sufficient rearyard setback, at 2045 Mar- ratooka Road, M~ttituck, NY; County Tax Map Parcel No. 1000-123-02-003. 8:20 p.m. DOMINICK VAR- ANO, by R. Lark, Esq., Box 973, Cutchogue, NY for a Variance ta the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for approval of insuffi- cient area of proposed Lot 3, at premises 6750 In, lan Neck Road, Peconic, NY; County Tax Map Parcel No. 1000~86-07-004. 8:30 p.m. WILLIAM AND HELEN COSTER, by R. L~rk, Esq., Bpx 973, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Ar$icle III, Sc~tion 100-30(B){13] for permission to '~establish and build one-story building as a funeral home busi- ness, at premises of Dalchet Corp., S/s Main Road and W/s Harbor Lane, Cutchogue, NY; County Tax Map parcel No. 1000-97.0-part of 15; c~ntaiuing The Board of Appeals will at said time' an~ place hear all per- sons interested in the above mat- ters. Written comments may also be submitted prior to or during the hearing in question. Dated: March 28, 1985. BY ORDER OF BOARD OF APPEALS GERARD ~. GOEHRINGER CHAIRMAN By L. Kow~lski, Secretary (516) 765-1809 (alt. 1802) 1TA4~856 STATE OF NEW YORK COUNTY OF SUFFOLK :~ r.mW~AS of Greenport, in said County, being duly sworn, says that ho/she is Principel Clerk of THE SUFFOLK TIMES, e Weekly Newspeper, published et Greenport, in the Town of Southold, County of Suffolk snd State of New York, end thet the Notice of which tho annexed is e printed copy, hes been regularly published in said Newspaper once each week for 1 weeks successively, commencing on the 4 dayof A.p:i 1 1985 Principal Clerk . Sworn to before me this 4 April 19 85 ANNM. ABAIE , ~/'~ /I NOTARY PUBLIC, State of New Yor~ / [/ /~ _ 77' Suffolk Co~mty No 4742183 ~ Term Exp.'~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT the Petition of : 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.~ (Special Exception)~_Special Permit) (Ot~h~rt) --~irc~e choice] 2. That the property which is the subject of the Petition is.J. ocated adjacent to your property and is des- ,? ) 3. That the property which is the sub}ect of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~ Section /~::2~ - ~,~ ,~ [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: Petitioner ~ 1 Post Office Address ,/ 2 i ' " / NAM~ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 623 399 338 RECEIPT FOR CERTIFIED MAIL NO tNSURANCE COVERAGE PROVIDEO NOT FOR INTERNATIONAL MAIL (See Reverse) P 623 399 339 RECEIPT FOR CERTIFIED MAIL NO LNSURANCE COVERAGE PROVIDED NO'[ FOR INTERNATIONAL MAiL (See Reverse) Ppstage Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered to whom, Date, and Address TOTAL Postage and Fees Postmark o STATE OF NEW YORK COUNTY OF SUFFOLK ~ ~ Code · Postage 0 $, -t, Certified Fee , being duly sworn, deposes and,says that on the -'~.~.0. day of / /._ ~ ~_~"~ zo-~/...~ ,19 ~¢'::- , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, direr/ted 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 roil of the T_own of Southold; that said Notices were mailed at the United States Post Of- rice at ( '~._ ~/.~ /~t~ ~. J~ ; that said Notices were mailed to each of said persons by (registered} maiL/j Sworn to before me this c~ d ~ day of ~/l~-rC// ,19 0~- L/// Notary Public (This side does not have to be completed on form transmitted to adjoining property owners.) FORM NO, 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL RV 1/80 Building Inspector ...~,.~.~.,.,,_..,. ~.~:...I..%~..~ .... PLEASE TAKE NOTICE that your application dated ...... for pe~it to ~~.~~. · ~ ............. at ~cation of Property ............................................................... House No. Street Hamlet County Tax Map No. I000 Section .............. Block .............. Lot .............. Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the follow~g grounds..~~.~. ~~.. t.~ ., .~.~ { ~ ~ .). .~.~~. ~:~.~, ~~~:. ~. . .