HomeMy WebLinkAbout3300~/~ eoun~y ~d. 48 ~J
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Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3300
Application Dated October 23, ]984
TO: Rudolph H. Bruer, Esq. as Attorney
for JOHN BERIANI AND ALEXANDER KOKE
Main Road
Southold, NY 11971,
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on January 24, 1985,
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[×] Request for Variance to the Zoning Ordinance
Article VI, Section ]00-62(8)
[ ] Request for
Application of JOHN BERTANI, Colonial Road, Southold, NY for a Variance
to the Zoning Ordinance, Article VI, Section 100-62(B) for permission to
establish building containing more than one retail store, offices or similar
establishments in this "B-l" General Business Zoning District, at premises
located on the north side of C.R. 48, Southold, NY; County Tax Map Parcel
No. 1000-55-02-20; containing 31,024 sq. ft. in area.
The board made the following findings and determination:
This is an appeal from Article VI, Section 100-62(B) of the Zoning
Code requesting a variance from the 40,000 square-foot area requirement
for a building containing retail stores, merchantile establishments,
offices in this 'B-I" General Business Zoning District.
It is applicants' proposal to construct an 80' by 55' commercial
building with setbacks of: (a) 60± feet from the front property line;
(b) ~55+ feet from the westerly side property line; (c) 54± feet from
the easterly side property line; (d) a minimum of 35 feet from the
rear property line. It is the understanding of the board that there
will be a maximum of four establishments within this building, each
having a maximum of 700 sq. ft. of sales area, and will be those uses
permitted under Article VII of the zoning ordinance.
The site plan amended September 21, 1984 indicates 26 regular
parking spaces and two handicapped parking spaces for all four of
the proposed establishments. Article VI, Section 100-62(G) requires
a minimum of one parking space for each 100 s~. ft. of sales floor
area or office floor area, which would be a minimum of 28 parking
spaces, without provisions for the handicapped. Therefore, an
additional one handicapped parking space for each establishment
must be provided in this board's conditions.
In considering this appeal, the board has found: (1) that the
variation is not substantial being 22± percent of the requirements;
(2) there will be no effect, if the variance is allowed, of increased
population density thus produced on available governmental facilities;
(3) that there will be no substantial change in the character of
the neighborhood ora substantial detriment to adjoining properties
(CONTINUED ON PAGE TWO)
DATED: January 31, 1985.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 - Appeal No. 3300
Matter of JOHN BERTANI AND ALEXANDER
Decision Rendered January 24, 1985
KOKE
since the premises will be utilized as required under Article VII,
in this zoning district; (4) that the difficulty cannot be obviated
by some method, feasible for the applicants to pursue, other than a
variance; (5) that in view of the manner in which the difficulty
arose, justice will be served by allowing the variance, as indicated
below, by reasons of the foregoing.
Accordingly, on motion by Mr. Goehringer, seconded by Grigonis,
it was
RESOLVED, that the relief requested under Appeal No. 3300 in
the Matter of JOHN BERTANI for permission to establish up to four
"B-l" Business Uses, each having a maximum of 700 sq. ft. in retail
sales or office floor area, BE AND HEREBY IS APPROVED, SUBJECT TO
THE FOLLOWING CONDITIONS:
1. A minimum of 32 parking spaces, 28 regular and 4 handicapped
spaces;
2. A minimum planting area of 7,750 sq. ft. as requested and
shown on the subject site plan;
3. A maximum of 2,800 sq. ft. of retail sales or office floor
area, as requested and shown on the subject site plan;
4. Changes which would increase the maximum 700 sq. ft. of retail
sales or office floor area for each establishment will require
resubmission by formal application for reconsideration.
Location of Property: North Side of C.R. 48, Southold, NY; County
Tax Map Parcel No. 1000-55-02-20.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis
and Douglass. (Member Sawicki was absent.) This resolution was
adopted by unanimous vote of the members present.
lk January 31, 1985
Town
1 984 ,
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the
Law and the Provisions of the Amended Code of the Town of
Southold, the following public hea~ings will be held by the
Southold Town Board of Appeals at ~he Town Hall, Main Road,
Southold, NY at a Regular Meeting 6n THURSDAY, DECEMBER 13,
commencing at 7:30 p.m. and as fol'ows:
7:30 p.m. Application of K & L PROPERTIES, 6/o R.H.~IBruer,~sq.,
Main Road, Southold, NY for a Vari~'~nce for approval of access, New~
York Town Law, Section 280-A over ~ private right-of-way located at
the east side of Indian Neck Lane,~Peconic, NY, to premises known
as County Tax Map Parcel No. 1000-86-05-11!
7:35 p.m. Application of JOSEPH AND AR~NE LESTINGI, c¢o
David Kapell, 400 Front Street, Greenport, NY for a Variance to
the Zoning Ordinance, Article III,
to locate accessory garage in the
Sound Drive, Greenport, NY; County
7:40 p.m. Application of DES
43d Avenue, Bayside, NY 11361, fo
Article III, Section 100'3t, Bulk
Section 100'32 for permission
~rontyard area at premises, ll50
Tax Map Parcel No. 1000-33-04-001.
>INA'AND PETE MARKOPOULOS, 222-08
a Variance to the Zoning Ordinance,
chedule, for permission to locate
I100-62(B')
one retail
General Bu
side of C.
new dwelling with insufficient sid, yard setbacks at premises, Sound
Beach Drive, Mattituck, NY; CPt. K~dd Ests. Map 1672, Lot 31; County
Tax Map Parcel No. 1000-99~01-24.
7:50 p.m. Application of JOH
NY for a Variance to the Zoning Or
for permission to establ
store, offices, or simi
siness Zoning District,
R. 48, Southold, NY; Cou
containing 3!,024 sq. ft. in-area~
7:55 p.m. ^pplication fQr ^RIO[D g~D ~^R¥ B[HR[R, '~/o ^~d Construc-
tion Corp.., Depot kane, Cutcho~ue, ~¥ for a Yariance to the Zonin§
Ordinance, grticle III, Section 100~32, for permission to locate
accessory §ara§e in the front~ard area at premises, 5730 Rassau Point
Road (aJs~frontin~ ~unneweta Road), Cutcho~ue, R¥; ~assau Point
Subdivision, kot 141 and part of 142; County Tax ~ap Parcel Ro.'lO00-
BERTANI, Colonial Road, Southold,
~inance, Article V.I, Section
ish building containing more than
ar establi·shments in this "B-l"
~t premises located on the north
~ty Tax Map Parcel No. 1000-55-02-20;
8:00 p.m. Application for MARGARETHE D. CLEMPNER, c/o Environment
East, Inc., 3075 Indian Neck Lane, Peconic, NY for a Variance to the
Zoning Ordinance, Article III, Section 100-32, for permission to locate
Page 2 Legal Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of December 13, 1984
accessory garage in the sideyard area at oremises, 1240 Inlet Lane
Extension, Greenport, NY; County Tax Map Parcel No. 1000-36-02-24.
8:10 p.m. Application of FRANK A. FIELD REALTY INC., Box 631,
Greenport, NY for ~ariances to the Zoning Ordinance, Article III,
Sections 100-31 and lO0-30(A)[1] for approval of the construction
of a one-story, two-family house, at premises known as~Lot~ 26 and
28 of "Greenport Driving Park" Subdivision, containing 11,262 s~.
ft. in area and lO0-foot lot width. Applicant proposes to remove
two.e~i~ti~g dwelling structures located partly on Subdivision
Lots 26~ 28, 60 and 59, and to retain an existing one-family trailer
and one-family, two-story house on Lots~60 and 59; premises identified
as County Tax Map Parcel Nos. 1000-48-03-20, 19, 8 and 9.
8:20 p.m. Application for ANTHONY AND SALLY PIRRERA, by ~a~hy
Haspel, Box llO0, 33 Anchor Way, Oak Beach, NY 11702 for a Variance
to the Zoning Ordinance, Article III, Section 100-32 for permission
to locate accessory storage building/carport in the frontyard area
at premises, 57305 C.R. 48, Greenport, NY; County Tax Map Parcel
No. 1000-044-02=003.
Persons'desiring to be heard may do so at the times indicated.
Communications in writing may be filed with.our office prior to or
during the~subje~t, hearings.
Dated: November 26, 1984. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
Notice to newspapers:
P~ease publish THURSDAY, NOVEMBER 29, 1984 and forward 8 affidavits
of publication to: Board of Appeals, ~Main Road, Southold, NY 11971,
before December 4th.
Copies to the follo~in9 11/26/84:
Rudolph H. Bruer, Esq. for K & L Properties~ Inc.
Mr. David Kapell, as agent for Joseph ~nd 'A.r~lene Lesting~
Mr. and Mrs. Pete Markopoulos
William Holden, Esq. for neighbor, II Orchard Places Huntington, NY 11743
Mrs. Agnes Holden, 12 Eagle Lane, Hauppauge, NY 11787
Mr. John Bertani, Colonial Road, Southold, NY 11971
Mr. William Jacobs, AWJ Construction Corp., Depot Lane, Cutchogue 11935
Dr. and Mrs. Arnold Behrer, Box 912, Cli~ton, N.C. 29325
Environment East, Inc., Indian Neck Lane, Peconic, NY 11958
Mrs. Margarethe D. Clempner, Inlet Lane Extension, Greenport, NY 119~4
Frank A. Field Realty~ Inc., Box 631, Greenport, NY 11944
Ms. Kathy Haspel for An%bony a~d S~lly Anne Pirrera, Box llO0~ Oak Beach
Mr. and Mrs. Anthony Pirr6~a, 38 ~6~mere Ave, Farmingville, NY 11738
Suffolk Times
L.I. Traveler-Watchman
Town Clerk Bulletin Board
TOWN OF SOUTI~OLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.
DATE ...~. .........
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
~, ~We) ...... .h..n.. .................................................... ~.Lo..~.:~.!...f<.~ ....... :. .......... ~..c. .....
im Name of Appellcmt Street and Number
................. ......................................................... ............. .ER BY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION DATED: / FOR:
WHEREDY THE BUILDING INSPECTOR DENIED TO
...... ................................
Name of Applicant for permit
Street and Number MuniciDali~ State
~) PERMIT TO USE
r ) PERMIT FOR OCCUPANCY
~ ~ PE~Z~ TO ~UZL~ ~il
] LOCAT,ON OF THE PROPERTY ...~f/.~.....G.~.m,
Streak ~d'~'4~'7'"'%'"'T'"". .......... ~3~a .....
MaD No. Lot No.
~ -/~-~ . .......
2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section Sub-
sectior aha Paragr0pn of the Zoning Ordinance by number. Do not quote the Ordinance
3. TYPE OF APPEAL Appeal is made herewith for
t ~ff/ A VARIANCE to the Zoning Ordin.ance or Zoning Map
A VARIANCE due to lack of access State of New York Town Law Chop. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREV OUS APPEAL A 2revious appeal mas/ asf~ been made with respect to this decisior
of the Building Inspecfor or with respect to tins property.
Such ~ppeal was ~ request for a specie oermit
) 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
)
requested for the reason that ~e ~ould ~±ke to
Form ZB1
(Continue on other side)
REASON FOR APPEAL
COntinued
1. STRICT APPLICATION OF THE ORDINANCE wouJd produce procticof difficulties or unneces-
sary HARDSHIP because ~c~.~''~ 0~L.k_C-C~C~- 2C)C~(~C\ O~ ~ ~ ~¢ ~0~
2 The hardship created is UNIQUE and is not shared by ali properties aJike q the immediGte
v~c~n~t~ of this property aha in this use district because
3 The Variance wouJd observe the soirit of the Ordinance and WOULD NOT CHANGE THE
Cn^RACTER O~ THE DISTRICT. ~ecouse ~,~ ~¢r~9~-~~ x-x c~x~:c~ ¢~m~
STATE OF NEW YORK
COUNTY 0 F ~-~--~/'~/'~'i~
SS
Signature
Sworn to this ................................~.;...~. ..... day of ..................... .~..~.~-~..~.~.~ ............. 19 c~=~
L
OWNER
FORMER OWNER
RES,
LAND
AGE
NEW
Farm
Tillable 1
Tillable 2
Tillable 3
Woodland
SEAS.
iMP.
NO~VIAL
BUILDING CONDITION
BELOW
Acre Value Per Acre
Brushland
House Plot
Total
ABOVE
Value
FRONTAGE ON WATER
DIS"FR1CT SUB.
'ACRE. AGE ,
TYPE OF BUILDING
DOCK
BULKHEAD
FRONTAGE
CB. [ MISC. [ Est. Mkt. Value
.~OUTHOLD
®
Town of Southold
Board of Appeals
COUNTY OF SUFFOLK
DEPARTMENT OF PLANNING
(516) 360-5513
LEE I~'. KOPP£LMAN
March 22, 1985
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter,
the following applications which have been referred to the Suffolk County Planning
Commission are considered to be a matter for local determinmtion. A decision of
local determination should not be construed as either an approval or a disapproval.
Applicant
John Bertani & Alexander Koke
Frank A. Field Realty, Inc.
Mr. & Mrs. Robert G. Norkus
Gary Doroski
Robert A. Celic
Estate of Louise Wilson
Joseph & Patricia Stiefler
Cutchogue Free Library
Cutchogue Free Library
Mr. Thomas Peri,lo
Mrs. Alice D. Currie
Municipal File Number
3300
3303
3305
3310
3311
3312
3314
3315
3316
3317
3321
GGN:jk
Very truly yours,
Lee E. Koppelman
Director of Planning
Gerald G. Newman
Chief Planner
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLO. L.I,, N.Y.
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, ,JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWiCKI
TO: Victor Lessard, Building Inspector-Administrator
FROM: Jerry Goehringer, Chairman
DATE: February 28, 1985
SUBJECT: Z.B.A. 1/24/85 Decision in Appeal No. 3300
Bertani~Koke Shopping Center Proposal
N/s County Road 48, Southold
This memorandum is in response to your inquiry today and we
hope that it will help to answer a few questions relevant
to Building Inspector Hindermann's letter of February 26th.
Although paragraph 3 of the letter is true in that the board's
requirements under Condition No. 1 is more stringent than the
N.Y.S. Fire Prevention-Building Code, it is a requirement to
be interpreted under the Town Zoning Code, which may be more
restrictive than any other code.
It has been the opinion and concern of this board
provisions have not been emphasized under Article
100-62(G) or 100-112, and that vehicles have been
parked in these areas where a variety of business
that handicapped
VI, Section
forced to be
uses, such
as shopping centers, exist. It is the board's opinion that
handicapped parking facilities were not meant to be included
into the regular parking~ but rather were meant to be extra or
addition 1 facilities.
Page
To:
Re:
February 28, 1985
Victor Lessard, Building Inspector-Administrator
Z.B.A. 1/24/85 Decision in Appeal No. 3300 (Bertani/Koke
Shopping Center Proposal C.R. 48, Southold
Article VI, Section 100-62(G) requires for shopping centers a m~nimunl,
in this case, of seven parking spaces for each 700'sq. It. of office
floor or sales area; and since this project is for a variety of
businesses with 2,800 sq. ft. of office floor or sales area, there
shall be a total minimum of 28 regular parking spaces, it is
also the opinion of the board that it was not the intent of the
zoning code to require one-half parking space for each business for
handicapped (which would be the two spaces for fQur businesses in
this case). Accordingly, one handicapped space for each business
in addition to the spaces required by 100-62(G) should be provided.
If only one business were to be established total, it would appear
that the more stringent requirement for handicapped parking then
falls under the N.Y~S. Building Code for a minimum of two spaces.
It is my understanding that recently the project may involve occupancy
of not more than two business establishments, and the handicapped
parking requirement of Condition No. 1 could be adjusted to provide
one for each.
Also, with reference to the last paragraph of the letter, it would
not appear that Section lO0-112(K) would apply in this case since
(a) the business district extends beyond the rear and side lines
and the property does not directly abut a residence district~ and
(b) there will not be over five spaces within 15' of an abutting
residence district.
TOWN OF $OUTHOLD
OFFICE OF BUILDING INSPECTOR
P.O. BOX 728
TOWN HALL
SOUTHOLD, N.Y. 11971
Feb.26,1985
TEL. 765-1802
Planning Board
Town of Southold
Main Rd.
Southold,N.Y.
11971
Subject:
Alexander Koke & John Bertani
site plan
Gentlemen:
The subject property is located in a B-1 Zoned district.
The proposed use as a shopping center is a permitted use in
accordance with Art VII, Sec 100-70 A. (1) (d) with refer-
ence to Sec 100-62 retail shopping centers. An area variance
was granted under appeal #3300 dated Jan. 24,1985 for this
use.
The proposed retail sales area of 700 sq. feet for each
store sets a minimum parking area requirement of 28 spaces
(Art VI Sec 100-62.) The New York State Uniform Fire Pre-
vention and Building ~ode, Part 1102, Sec 1102.4 requires
parking spaces for Physically Handicapped People in acc-
ordance with table 1-1102. As per table, where required
spaces total 26-50 a minimum of 2 accessible spaces are re-
quired. This does not imply that parking requirements are
over and above those required under zoning.
Under Appeal ~3300, condition #1, a minimum of 32
parking spaces were set, 28 regular and 4 spaces for the
handicapped. Based on the foregoing, this is a more strin-
gent requirement than set by the statute.
The property to'the north of this site is in a resident-
ial zone. Where a parking area of 5 spaces or more is within
15'-0" of a rear lot line abutting a residential district the
lot shall be screened as required by Art XI, Sec 100-112 K
(1.)
The parking requirements as set by the Board of Appeals
exceed those required by law. By removing the parking spaces
that fall within 15'-0" of the rear yard property iine, no
screening would be required and this site plan would qualify
for certification.
Yo, s tpu~y,~
Edward/Hih~ermann
Building Inspector
EH: dsm
§ 100-112
ZONING
§ 100-112
(4) No service of any kind shall be permitted to be ex-
tended to users of the lot, including automobile ser-
vice, repair or fueling, and no gasoline, off, grease or
other supplies shall be stored or sold in any such lot
in any garage on such lot. or
(5) Parking areas shall be screened by a substantial wall,
fence or thick hedge, approved by the Planning Board.
Generally, such screening shall not be less than three
(3) feet nor more than eight (8) feet in height.
K. Regulations for parking spaces adjacent to lots in any
residence district.
(1) W.herever a parking area of over five (5) spaces abuts
or ~s within fifteen (15) feet of the side or rear lot line of
a lot in any residence district, the said parking lot
shall be screened from such adjoining lot by a sub-
stantial wall, fence or thick hedge, approved by the
Planning Board. Generally, such screen shall be not
less than three (3) feet nor more than eight (8) feet in
height.
(2) Whenever a parking area of Over five (5) spaces is
located across the street from other land in any
residence district, it shall be screened from the view of
such land by a thick hedge, wall or fence, approved by
the Planning Board, located along a line drawn
parallel to the street and a distance of twenty (20) feet
therefrom, such screening to be interrupted only at
points of ingress and egress. Generally, no such
screening shall be less than three (3) feet nor more
than six (6) feet in height. The open area between such
screening and the street shall be landscaped in har-
mony with the landscaping prevailing on neighboring
properties fronting on the same street. Two (2)
identification and directional signs located on the
Street side of such screening shall be permitted;
however, they shall not exceed an area of three (3)
Square feet each.
L. Driveways. No driveway shall provide access to a lot
located in another district, which lot is used for any use
prohibited in the district in which such driveway is located.
10047
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
Southold Town Board o£Appeals
MAIN ROAD- ~:TATE ROAD 25 SOUTHmLD, L.I., N.Y. 11g71
TELEPHONE (516) 765-1809
t
January 31, 1985
Rudolph H. Bruer, Esq.
Main Road
Southold, NY 11971
Re: Appeal No. 3300 John Bertani
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,
Enclosure
Copy of Decision to
Building Department
Planning Board'
Suffolk County Planning
GERARD p. GOEHRINGER
CHAIRMAN
Dy Llnda -F. Kowalski
Secretary
Commission
JUDITH T TERRY
TOWN CLERK
REGISfRAROI VIFALSI \IISIICS
OFFICEOFTHETOWNCLERK
TOWN OFSOUTHOLD
October 23,
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
1984
To:
Southold Town Zoning Board of Appeals
From:
Judith T. Terry, Southold Town Clerk
Transmitted herewith is Zoning Appeal No. 3300 application of
John Bertani for a variance. Also included is letter relative
to N.Y.S. Tidal Wetlands Land-Use; Short Environmental Assess-
ment Form;
Notice to
Notice of Disapproval from the Building Dept.;
Adjacent Property Owners; and site plan.
Judith T. Terry
Southold Town Clerk
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SnUTHOLD, l.l.. N.Y. 11971
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 follc/ing to the Suffolk County Planning Commission:
XX Variance from the Zoning Code, Article VI, Section
Variance from Determination of Southold Town
Building Inspector
-- Special Exception, Article , Section
__ Special Permit
100-62(B)
Appeal No.: 3300 Applicant:
Location of Affected Land: N/$
County Tax Map Item No.: 1000-
Within 500 feet of:
XX
JOHN BERTANI AND ALEXANDER KOKE
C.R. 48, Southold
55-02-20
__ 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 requesting permission to
__with fnur establishments with less than 40.000
in this B-1 General Business Zoning District.
establish building
sq. ft. size parcel
Findings enclosed
and determination granting conditional approval.
Copies of Town file and related docu~nents enclosed herewith for your
review.
Dated: February 8, 1985.
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- BTATE ROAD 25 BOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
January 15, 1985
Mr. David Emilita, Planner
Southold Town Planning Board
Town Hall
Southold, NY 11971
Re: Appeal No. 3300 John Bertani and A1 Koke
Location of Property: N/S C.R. 48, Southold
Gentlemen:
As you may be aware, a public hearing was held in the
above matter on December 13, 1984 for permission to establish
multiple uses (four) on a parcel of land located in the B-1
General Business District.
It is the applicants' position that the parking and site
plan elements are sufficient, and that once we have rendered
a decision, certification and approval by you would be in order.
May we have your comments on the site plan, which we
understand has been reviewed in detail, and recommendations
as to whether or not a parcel in a business or commercial
zoning district should be restricted as to a number of uses
if all other site plan and parking requirements have been met?
If possible, please reply before February 5th.
Yours very truly,
cc: Building Department
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
oo~
PERMIT UNDER SECTION 136 of ARTICLE VI of HIGHWAY LAW
WHEREAS, a certain highway known as the Middle Road C.R. No. /-+8
has been improved and is on the Suffolk County Road System and
Alexander Koke & John Bertani
WHEREAS,
Colonial Road, Southold, New York 11971
requests permission to
build (1) 25' asphalt access ramp, pave shoulder area, restore R.O.W. All per S.C. Specs
& Typical Sections. On the n/s/o Middle Road, C.R. 48, 920_+' e/o Railroad Avenue,
as per sketch °r map attached' Hamiet of Southold, Town of Southold.
NOW, THEREFORE, permission is hereby granted to said
Alexander Koke & John t~a~ork upon the following conditions:
CONDITIONS AND RESTRICTIONS
1. When concrete is removed, cut concrete with concrele saw two feet outside the limits of the proposed
excavation and for the full panel width. When the cut Is made in pavement within I0 feet of the panel Joint, the
pavement shall be removed for full panel width from the cut on the far side of Ihe excavation to the panel joint.
2. Backfill and Ihoroughly compact fill using POWER TAMPER, placing soils so that various types of soil are in
same relative position as before excavating. Grade lo original surface.
3. Replace pavement, sidewalk or surface same as existing; if concrete, replace using 1:1 3/4:3 1/2 mix stone
mix concrete; if bituminous material, replace using same type as removed.
4. If concrete curb is removed, replace with similar curb 1:1 3/4:3 1/2 mix.
5. Edge of Jacking Pits or any other excavation shall be not less lhan 5 feet from Edge of Pavement. No
undercutting allowed in Pit.
6. Nolify the Department al Yaphank924.3451 when theworkis to begin so that aninspeclion can be made of
Ihe operation.
This permit shall not be assigned or transferred without the written consent of the Commissioner of Public Works,
The work authorized by this permit shall be performed under the supervision and to the satisfaction of the Commissioner of Public
Works or his representative.
Particular attention is called to the necessity of thoroughly compacting the back fill, which will be required by the Comm;ssJoner of
Public Works.
The Commissioner of Public Works shall be given one week's notice by said applicant of the date when it intends to begin the work
authorized-by this permit, and prompt notice of its completion.
The said applicant hereby agrees to hold the State, County and Town harmless on account of damages of any kind which may arise
during the progress of the work authorized by this permit or by reason thereof
Applicant certifies all persons concerned with actual work under this permit are duly covered by Workmen's Compensation insurance
and the State, County and Town shall be herd harmless on account thereof.
The Commissioner of Public Works reserves the right to at any time revoke or annul this permit should the said applicant fail to comply
with the terms and conditions upon which it is granted,
The applicant agrees to pay all necessary expenses incident to supervision and inspection by reason of the granting of such permit as
certified by the Commissioner of Public Works, such payment to be made within ten days from the rendering of the certified account.
Work under this permit to be commenced within thirty days from the date of permit and continued in an expeditious manner.
The applicant shall submit a detailed plan of structure to be built, with a description of proposed method of construction.
It is understood that should future changes in the alignment or grade of the highway require changes in the work covered by this
application and permit, the applicant shall on reasonable notice from the Commissioner of Public Works make such necessary changes at
his own expense within the time so specified in notice
Traffic shall be maintained by the applicant on this section of the highway while the work is in progress and until its final completion,
A Certified Check . the sum of $ .......................... payable to the County Treasurer of Suffolk County is
Bond Cash ~n ............
on file
deposited assecurity that the highway will be restored to its original condition where disturbed at the expense of the applicant, as soon as
the work has been completed, and the said Commissioner of Public Work s is hereby authorized to expend all ores much of such deposit as
may be necessary for that purpose, should the said applicant neglect or refuse to perform the work
In consideration of granting this permit the undersigned accepts it subject to conditions described
Date
TO AVOID SERIOUS DAMAGE TO VITAL UNDERGROUND FACILITIES, PLEASE CALL LONG ISLAND LIGHTING COMPANY AT
JUNIPER 2-9000 OR FOR TELEPHONE FACILITIES CALL N.Y. TEL. CO. FLORAL PARK 2-OFFICIAL 25 BEFORE STARTING THE
WORK AUTHORIZED BY THIS PERMIT
CC: Town of Southold
Form P-136
42-107:1/83
(
TO~ 01~ ~SOU~'~OLD
Southold, N.Y. 11971
(516) 765-1938
August 21, 1984
Mr. John Bertani
Colonial Road
Southold, NY 11971
Re: site plan of Bertani and Koke
located at Southold
Dear Mr. Bertani:
Please let this confirm the action of the Planning Board,
Monday, August 20, 1984.
RESOLVED that the Southold Town Planning Board refer the
site plan of Alexander Koke and John Bertani located at
$outhold for retail establishments to the Building Depratment
for certification subject to receipt of six (6) copies
of the site plan with the indicated changes made.
If you have any questions, please don't hesitate to contact
our office.
Very truly yours,
cc: Building ~partment
Alexander Koke
BENNETT ORLOWSKI, JR., CHAIRMAN
iane M. Schultze, Secretary
TOI~N OF SOUTH~O~
OFFICE OF BUILDING INSP£CTOR
P.O. BOX 728
TOWN HALL
SOUTHOLD, N.Y. 11971
Planning Board
Town of Southold
in Rd.
uthold,N.Y.
11971
TEL. 765-1802
0ct.16,1984
Subject:
Site Plan Koke & Bertani
Southold,N.Y.
Gentlemen:
The subject property is located in a B-1 Zone and
the proposed use is permitted for this Zone.
The building as proposed shows a possible tenancy
of four stores. Under Art VI see 100-62 this is class-
ified as a shopping center. Under sub-section B of this
article an acre of land is required for this purpose.
This site contains an area of 31,024 sq. feet.
In view of this; this site plan can not be certified
in meeting Zoning Violations.
Yours Truly
Edward F. Hindermann
Building Inspector
EFH/dsm
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
PLEASE TAKE NOTICE that your application dated...~.~.. ..... .~../ ............ 19 . .~..%/.
for permit to .~/~.~. ~. · · .~'~ .'~,~. ....................................... at
Location of Property ~/~.d.~. ..... .~.~.C,?~.~. ~.....~......~..~.. ........ ~d7 .~...d-..~.~.A,. ~'
· Stroat Hamlet
County Tax Map No. 1000 Section . .0...~.~. ....... Block ...C7...a~. ....... Lot . .~.'.~..C) ........
Subdivision ~ Filed Map No. - Lot No.
is returned herewith and disapproved on the following grounds . .~....f~.C~.~...O...,~...,~.......~_~..~.. ~
.... . . . o .......... ........
RV 1/80
LEGAL NOTICE
NOTICE IS HEREBY GIVEN,
pursuant to Section 267 of the
Town Law and the Provisions of
the Amended Code of the Town
of Seuthaid, the following public
hearings will be held by the
Southold Town Board of Appoais
at the Town Hail, Main Road,
Seuthold, NY at a Regular Meet~
tog on THURSDAY, DE-
CEMBER 13, 1984, colmnenc-
lng at 7:30 p.m. and as follows:
7:30 p.m. Application of K &
L PROPERTIES, c/o R.I-I.
Bruer, Esq., Main Road, South-
old, NY for a Variance for ap-
proval of access, New York Town
Law, Section 280-A over a pri~
vate right-of-way located at th~e~v
east side of Indian Neck Lane,
Peconic, NY, to premises known
as County Tax Map Parcel No.
1000-86-05-11.
7:35 p.m. Applicaii~n of
JOSEPH AND ARLENE LES.
TINGI, c/o David Kapoll, 400
. Front Street, Greenpert, NY for
a Variance to the Zoning Ordi-
nance, Article HI, Section 100-32
for permission to locate accessory
garage in the frontyard area at
premises, 1150 Sound Drive,
Greenport, NY; County Tax Map
Parcel No. 1000-33-04-001.
7:40 'p.m. Application or DE-
SPINA AND PETE MAR.
KOPOULOS, 222-08 43d Ay-
enue, Bayside, NY 11361, for
Variance to the Zoning
nance, Article HI, Section 100-
31, Bulk Schedule, for permis-
sion to locate new dwelling with
insufficient sideyard setbacks at
premises, Sound Beach Drive,
Mattituck, NY; Cpt. Kidd Ests.
Map 1672, Lot 31; County Tax 1TN29-4725
Map Parcel No. 1000-99-01-24.1
J 7:50 p.m. Application o]~
· JOHN BERTANI, Colonial·
Read, Seuthold, NY for a Vari- ~
ance to the Zoning Ordinanc~
Section 100-62(B) fow
atablish buildir r
ents in this B~I Gener~
siness Zoning District,
raises located on the nort]
of C.R. 48, Southold, NY
unty Tax Map Parcel Nc
0-55-02-20; containi~
Ik31,024 sq. l~. in area.
'~ 7:55 p.m. Application for A~
NOLD AND MARY BEHRE!
c/o AWJ Construction Ca.'p.,
Depot Lane, Cutohogue, NY for
a Variance to the Zoning Ordi-
nance, Article IH, Section 100-
32, for permission to locate acces.
sory garage in the frontyard area
at premises, 5730 Nassau Point
Road (also fronting Wunneweta
Read), Cutchogue, NY; Nassau
Point Subdivision, Lot 141 and
part of 142; County Tax Map par.
cel No. 1000-111-12-2.1.
8:00 p.m. Application for
MARGARETHE D. CLEM'P-~
I~IR, ~o Environment East,5
Inc., 3075 Indian N~ek L~ne,
Peconi¢, NY for a Yariance to the
Zonin~ Ordinance, Article I11,
~tion 100-32, for portal,sion to
lo~to ~ee~s~ory gmmge in the
sideyard area at premises, 1240
Inlet Lane Extension, Greenport,
NY; County Tax Map Parcel No.
1000-36-02-24.
8:10 p.m. Application o~/
INC., Box 631, Greenport, NY
for Varianoeo to the Zoning Ordi*
nance, Article HI, Sections 100-
31 and 100-30(A)[1] for approval
of the construction of a one-story,
two-family house, at premise~
known as Lots 26 and 28 of
"Greenport Driving Park" Sub-
division, containing 11,262 sq. ft,/
in area and 100-foot lot width.
Applicant proposes to remove
two existing dwelling structure~
located partly on Subdivision
Lots 26, 28, 60 and 59, and to
retain an existing one-family
trailer and one-family, two-story
house on Lots 60 and 59; pram-
ises identified as County Tax
Map Parcel Nos. 1000-48-03-20,/
19, 8 and 9.
8:20 p.m. Application for AN-
THONY AND SALLY PIRR-
ERA, by Kathy Haspel, Box
1100, 33 Anchor Way, Oak
Beach, NY 11702 for a Variance
to the Zoning Ordinance, Article
IH, Section 100-32 for permission
Persons desiring to be heard
or during the subject hearings.
BY ORDER OF~~
THE SOUTHOLD TOWN
BOARD OF APPEALS
CHAIRMAN
STATE OF NEW YORK )
) SS:
COUNTY OF SUFFOLK )
ANNA LEKKAS of Greenport, in
said County, being duly sworn, says that he/she is
Principal Clerk of THE SUFFOLK TIMES, e Weekly
Newspaper, published st Greenport, in the Town
of Southold, County of Suffolk and State of New
York, end that the Notice of which the annexed is
a printed copy, has been regularly published in
said Newspaper once each week for ~N~
weeks successively, commencing on the 29th
dsyof November 19 84
Principal/Clerk
Sworn to before me this 2 9 th
day o~N°vember 198 4
NOTICE
NOTICE 1S.HEREB~ GIV-
EN, pursuafit to Secti°n 267 of
the Town I.~w and the Provi-
sions of the'Amended Code of
the Town of Southold, the
following :public h~arings will
be held by the S~uth01d Town
Board of Appeals'bt the Town
Hall, Main Road~ Southold,
NY at a Regular Me~ting on
THURSDAY . DECi~MBI~R
13~ 1984~ comlm~'cing at 7:30
p.m. and as fo~lows:
7:30 p.m. 'Application of
K&L PROPERTIES~ c/o R.H.
Bruer, Esq., Main Road,
Southold, NY .~or a Variance
for approval of access, New
York Town l~bY, Section 280-A
over a ~private right-of-way
located at :the east side of
Indian Necl~'Fi~ne~ Peconic, NY
to pl~emises I~wn as County
Tax Map Parcel No. 1000-86-
05-11.
7:35 p.m. Application of
JOSEPH AND ARLENE LES-
TINGI, c/o David Kapell, 400
Front Street, Greenpoct, NY
for a Variance to the Zoning
OrdInance, Article HI, Section
100-32 for permission to locate
accessory garage in the front-
yard area at premises, 1150
Sound Drive, Greenport, NY;
County Tax. Ma~ Parcel No.
1000-33-04-0(11.
7:40 p.m. Application of
DESPINA AND PETE MAR-
KOPOULOS, 222-08 43rd Av-
enue, Bayside, NY 11361, for a
Variance to the Zoning Ordin-
ance, Article HI, Section 100-
31, Bulk Schedule, f~ permis-
sion to locate new ~elling
with insufficient sideyard set-
backs at premises, Sound
Beach Drive, Mattituck, NY;
Cpt. Kidd Ests. Map 1672, Lot
31 ;County Tax Map Parcel No.
1000-99-01-24.
O 7:50 p.m. Application ~
HN BERTANI~ . Colonial,
Road, Southold, NY for aB
Variance to the Zoning Ordin-J
~nce, Article VI, Section 100J
~2(B) for permission to esta~
~lsh building Containing mo~
than one retail store, office~
[Ir similar establishments i~
l ~his "B-I" General Busine~
] Zoning District,. at ~'~mise!
~ located on th~ north side of
~ C.R. 48, Southold, NYI County
· Tax Map Parcel No. 1000-55-
~.02-20; containing 3!,024 sq. fi]
'n area. ,'
p.m. Appl,.c, ion d
A'I~NOLD AND MARY BEH-
RER, c/o AWJ Construction
Corp., Depot Lane, Cut-
chogue, NY for a Variance to
the Zoning Ordinance, Ar-
ticle III, Section 100-32, for
permission to locate accessory
garage in the frontyard area at
premises, 5730 Nassau Point
Road (also fronting Wunne.
weta Road), Cutchogue, NY;
Nassau Point Subdivision, Lot
141 and part of 142; County
Tax Map Parcel No. 1000-
111-12,2.1.
8:00 p.m. Application for
MARGARETHE D. CLEMP-
NER, c/o Environment East,
Inc., 3075 Indian Neck Lane,
Peconic, NY for a Variance to
the .Zoning Ordinance, Ar-
ticle III, Section 100-32, for
permission to locate accessory
garage in the sideyard area at
pre/nises, 1240 Inlet Lane
Extension, Greenport, NY;
, County Tax Map Parcel No.
1000-36-02-24.
8:10 p~m. Application of
FRANK A. FIELD REALTY
1NC., Box 631, Greenport, NY
tar Variance~ the ~,~ning
Ordinance, Article ~II, Sec-
tions 100-31 and 100-30(A)[1]
for approval of the construe.
tiaa of a one-story, two-family
house, at premises known as
Lots 26 and 28 of "Greenport
Driving Park" Subdivision,
containing 11,262 sq. ft. in
area and 100-foot lot width.
Applicant proposes to remove
two existing dwelling struc-
tures located partly on Subdi-
vision Lots 26, 28, 60 and 59,
and to retain an existing
one-family trailer and one-
family, two-story house on
Lots 60 and 59; premises
identified as County Tax Map
Parcel Nos. 1000-48-03.20, 19,
8 and 9.
COUNTY OF SUFFOLK
STATE Of: NEW YORK
Potricia Wood, being duly sworn, say~ that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
o public newspaper printed at Southold. in Suffolk County;
and that the notice of which the annexed is o printed copy,
has been published in said Long Island Traveler-Watch-
man once each week for ........................ ./. .............. weeks
successively, commencing on the .............. ?..f ..................
Sworn to before me this ............. : .................. day of
. ....
Notary Public
BARBARA FORBES
Hotary Pab~ic, State of New York
i'4o. 4806846
Qualified In Suffolk County
Commission Expires March 3~, 19 ~F~/
Southold Town Board of Appeals
N1AIN RDAD- r~TATE RDAD 2.5 SDUTHI3LD, L.I., N.Y. 11971
TELEPHONE (516) 766-1809
APPEALS BOARD
MEMBERS
October 25, 1984
S.E.Q.R.A.
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERTJ. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION
JOSEPH H. SAWICKI
Notice of Determination of Non-Significance
APPEAL NO.: 3300
PROJECT NAME: JOHN B£RTANI
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: [ ] Type II [X] Unlisted [ ]
DESCRIPTION OF ACTION: Area of ]0t 3],000± sq. ft. is in excess of
requirement for B-1 Business parcel bu.t is less than 40,000 sq. ft. required
for a "shopping center."
LOCATION OF PROJECT: T~wn of Southold, County of Suffolk, more
particularly known as: North Side C.R. 48, S0uthq]d, NY.
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned; .
(2) The property in question is not located near tidal wetlands
or other critical environmental area,
FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowals[i, Secretary,
Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516-
765-1809 or 1802.
Copies of this notice sent to the applicant or his agent and posted
on the Town Clerk Bulletin Board.
Southold Town Board of Appeals
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
TO WHOM IT MAY CONCERN:
Concerning your recent application filed with our office, please
find enclosed a copy of the Legal Notice as published in the local and
official newspapers of the Town of Southold, to wit, the Suffolk Times
and the L.I. Traveler-Watchman indicating the date and time of your
public hearing.
Please have someone appear in your behalf at the time specified
in the event there are questions brought up during the public hear-
ing and in order to prevent any delay in the processing of your
application.
If you have any questions, or if you would like to review your
file prior to the hearing, please do not hesitate to either stop by our
office at the Southold Town Hall, or by calling our secretary, Linda
Kowalski, at 765-1809 (or, if no answer, 765-1802).
Yours very truly,
Ik
Enclosure
GERARD P. GOEHRINGER
CHAIRMAN
Southold Town Board of Appeals
MAIN ROAD- STATE 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
Notice of Determination of Non-Significance
October 25, ]984
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
APPEAL NO.: 3300
PROJECT NAME: JOHN B[RTAN!
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: Area of ]0t 3],000± sq. ft. is in
requirement for B-I Business parcel but is less than 40,000 sq.
for a "shopping center."
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: North Side~C.R. 48, S0uth01d, NY.
excess of
ft. required
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The property in question is not located near tidal wetlands
or other critical environmental area,
FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, Secretary,
Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516-
765-1809 or 1802.
Copies of this notice sent to the applicant or his agent and posted
on the Town Clerk Bulletin Board.
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.s3C)c~
DATE .~~ ........
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
,, (We) ....... ~..e..a../~r...~.i ....................... o,....c...°.!?..~.:~./..../.(~,..g.~.~..~o...~.~. .................
~ame of Appellant Street and Number
~/(/
Municipality
St~ate
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
·
APPLICATION DATED: / FOR: ~r)~btqcf-~ CL~C~{--
WHEREBY THE BUILDING INSPECTOR DENIED TO
.......... ................................
Name of Applicant for permit
...........................................................Street and Number MUmciPaJ'"'~-i-'--'ity .................... ~;~""r ................
() PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
,.
-' .......... ~;;~'"~'"~i~'i ...... '3'""~ ..... : ........ '~ .....
/'~'~-~, o~ ~ - ' o o~s~. ~,~.~.~.~
..... ~.~., ............ . .......... ,~,.;~.~.~ ........ ~ .............. a .............
Map No. Lot No.
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.--~ , Section /00 ~&~q~
3 TYPE OF APPEAL Appeal is made herewith for
( v~ A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (has (haY,,~_~) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
REASON FOR APPEAL
) A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
)
~s requested for the reason that ~e ~o~ld l±ke
Form ZBI
(Continue on other side)
REASON FOR APPEAL Continued
STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because L~nc~._f~ O._U-C'~c-~'¥' "~a'O~,~..~ ant~ oQ~ ~
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
3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
O AR ,CTER OF THE DISTRICT because
STATE OF NEW YORK )
COUNTY OFS
SS
Signature
Sworn to this ............................. ...-~.....:~... ...... day of ............................... C)~-~.i~p~.,. 19 ~
!
/
BOARD OF APPEALS, TOWN OF SOUTHOLD
:
In the Matter of the Petition of :
to the Board of Appeals of the lown of Southold :
10:
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. Thee intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request ~,~ananc~ (Special Exception) (Special Permit) (Other) [circle choice]
2. That the property which is the subject of the Pe~tition is located adjacent to your property and is des-
3. That the property which is~the, subject of such Petition is located in the following zoning district:
4. That by such Petition, the undersigned,will request, the following relief: ,
t'JL~i~ld, r~_.~Lr.~;I ~)rOr'o~ on ~n.~u'~cFie-,~n-I-'
5. That the provisions of the Southold Town Zoning Code aRplicable to the relief sought by the under-
signed are .z~'~.cle ~ ~ectic~ I(~ - ~o~--~2~
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.
?. 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.
Petitioner
Post O~ice Address
p 637 497 287
RECEIPT FOR CER~IED MAiL
NO INSURANCE COVERAG~PROVIDED
NOT FOR INTERNATIONA~ MA~L
(See Reverse)
PROOF OF MAILING OF NOTICF
,,iCH CERTIFIED MAIL RECEIPTS
ADDRESS
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
SS.:
, ~ ~, ~k'~J~d~L~ /%/w_~, L~ O r~ . being duly sWOrn, deposes and Says that on the ~mH day
of ~ ~0~ ~ ~ , 19 ~, ~eponent mailed a true copy of the Notice set forth on t~re-
ver~ si~ 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 a~msment roll of ~he Town of Southold; that said Notices were mailed at the United States Post Of-
rice at ~ ~ ~ ~ [ ~ ~ ~e ~ ~ that said Notices were mailed to each of said persons by
(certified) (registered) mail. ~ ~ ~
Sworn to before me this ~ ~
day of ~, 19 ~ .
The N.Y.S. [nvtronmental Qualil;.y Review Act requi[es sub-
mission of this iFil'm, and dn erivtron,,er,[al iew will be
made by this boa~before any action is ta
SMORT, ENVLRON%:ENTAL ,,6SSE$S,WE.NT FC~
IIIST~tTTICNSI
(a) In order to answer the questions in this short EAF is ia assumed %hat ths
preparer will use currently ·v·il·ble lnfor?.ation concerning the project and the
likely impacts of the action, It is not exTected tha~ additional studise~ research
or o$her investigations will be undertaken.
(b) If any 9use%ion has besn answered Yes the proJec~ may bs significant and ·
cc~pleted Environmental Assessment Form is necessary.
(c) If all 9uestions have been ·nswered No l% is liksly that ~his project is
significant.
(d) Envirornsntal Asse~.nt
1. Will project result in a largs physical change
to the project site or physic·lly alter more
me
&.
6.
7.
10.
11.
12.
PREPAqER' $ $IGNATt.~E:
REPRESENTING:
91t/78
Will there be a major change to any unique or
unusual land form found on the site? · · · .
Will project alter or have · large effec~ on
an existing body of water? . . · . . · · · ·
Will project have · poteutially large lmpac~ on
groundwater quality? , , , , , , · · · · ·
Will proJec: significantly effect drainage flow
on adjacent sites? . · . . . · · · · · ·
Will project affect any threatened or endangered
plant or animal species? · . . o . . · . · ·
Will project result in a major adverse effect on
Will project have a major effec~ on visual char-
attar of the conmunity or scenic views or vistms
known to be important to the community? · · ·
Will proJec: adversely impact any site or struck-
ute of historic, pre-historic, or paleontological
importance or any site design·ted as · critical
environmental area by a local agency?
Will project have a major effect on existing or
Will project result in major traffic problems or
cause a major effect to existing transports%ion
Will project regularly c·use objectionable odorz,
noise, glare, vibration, or electric·l disturb-
Will project have any impact on public health or
Will project Affect the existing community by
directly causing a ~rowth in permanent popula-
tion of mots t~an 5 percent over a one-year
period or have a major negative effect on
character of the com.~unity ~r nei~hbOrhOOO?, ,
Is there public contr~vermy concerning the project?
TIT~E:
DATE:
Yes ~/No
Yes / No
Yes J No
Yes V/ No
~as ~ No
Yes V/No
Yes ~/ No
Yes Y__ No
Yes V/ No
Yes ~/ No
Yes / No
Yes
Yes . No
OUESTIONNAIRE 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 m0, S.U.N.Y., 5tony 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 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 ] I.
[ ]
3.
[ ]
[ ] 5.
[ ] 6.
[ ] ?.
Waterfront without bulkheading
Waterfront with bulkheading in good condition
[ ] the full length of the property
[ ] at least 100' in length
Not located within 300' of waterfront or wetlands area
May be located within 300' of waterfront or wetlands area; however°
the following structure separates my property from this environmental
area:
[ ] 50' existing road
[ ] existing structures
[ ] bluff area more than 10' in elevation above mean
sea level
This proposed addition/expansion of an existing building will be more
than 75' from the landward edge of tidal wetlands/waterfront areas.
This proposed addition/expansion of an existing building will NOT be
more than 75' from the landward edge of tidal wetlands/waterfront
area.
Please be aware that any and all subdivisions and new dwellings will also require an
application to the N.Y.S. Department of Environmental Conservation for their review
and approval. If you are able to provide them with recent 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 5tare Law and to
prevent any unnecessary delays in processing your application(s).
Io/831k
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GARRETT A, STRANG
archite:ct
Main Road RO. Box 1412 ,,a~l)hold N.Y. 11971