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Home My WebLink AboutOvsianik BOARD MEMBERS r;, Southold Town Hall Leslie Kanes Weisman,Chairperson" 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes �' ,y Office Location: Gerard P.Goehringer �� Town Annex/First Floor,Capital One Bank George Horning °i1B 54375 Main Road at Youngs Avenue Kenneth Schneider " k "0j"rrt .1 Southold,NY 11971 Prb, http://southoldtown.northfork.net ZONING BOARD OF APPEALS11 A TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631) 765-9064 57ioi,�j Fo;;y, MEMO TO: Planning Board FROM: Leslie K. Weisman, ZBA Chairperson DATE: November 22, 2016 SUBJECT: Request for Comments ZBA#7017 — Ovsianik The ZBA is reviewing the following application, and enclosed copies of, ZBA application, and latest map. The Planning Board may be involved under the site plan review steps under Chapter 280 (Zoning), and your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. NAME TAX #I ZBA HEARING VARIANCE PLANS PREPARER ZONE DATE DATE— STAMPED OVSIANIK, 97.-2-15 #7017 1/5/17 Art. 111280-14 11/22/16 John C. ALLEN B Zone Bulk Schedule Ehlers 97.-2-16.5 R80 Zone Your comments are appreciated by one week prior to above hearing date. Thank you. Encls. FORM NO. 3 TOWN OF SOUTHOLD f BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ATE: August 30, 2016 November 6 William C. Goggins (Ovsiai ) Po Box 65 attitc , NY 11952 Please tae notice that your application dated J� e 9, 2016 For a permit for a lot line change at Location of property 32930 Route 25 &225 Eugene's Road, Cutchogue, County Tax Mapo. 1000- Section 97 Block 2 Lot 15 & 16.5 Is returned herewith and disapproved on the following os: p g p pursuant to Article III Section 280-14 which states, The ro ose lot line e is not permitted "No building or premises shall be used and no buildin or art thereof shall be erected or altered in the A-C, R-80m R..12Q..R-200 and R-400 Districts unless the same conforms to the BBulk Schedule and Parking Schedule[11 itico, orated into this chapter with the same force and effect-aseffect-as if such regulations were set forth herein ll." The minimum lot size required in the Residential w_-80 District. accord` to the bulls schedule, is 80,000 square feet. Asa result o ,te roposed lot line change, SCT # 97.-2-16.5 ITa nota- oblrtnin 1.5 acre lot will become more nonconforniin2 at 1.0699 acres. e s-o posed lot l�i�ne chan e will approyal l�o��I the Southold T �� Planning Board. _.�.1� 1 ._..mm . isca require apr ro Note to Applicant: Any change or deviation to the above referedii�liatmon �na -elol additional review from the Southold Town Buildingliepartin t. Vin w_----_-----. ..w__.- Authorized `signature �°�_ WILLIAM C. GOGGINS ATTORNEYAND COUNSELORAT LAW 13235 Main Road,P.O. Box 65 Mattituck,New York 11952 Phone (631) 298-4818 Fax: (631) 298-4214 gogginslawftmail.co WILLIAM C.GOGGINS Attorney at Law ANTHONY 11.PALUMBO November 17, 2016 Of Counsel DONALD MATES Southold Town Zoning Board of Appeals 9f Counsel 53095 Main Road DONNA M.PALMER Southold, New York 11971 Paralegal Re: Ovsianik; 32930 Route 25 and 225 Eugene's Road, Cutchogue; SCTM No. 1000-097.00-02.00-015.000 and 016.005 Dear Sir/Madam: Enclosed please find original and seven sets of the following: 1. Notice of Disapproval; 2. Variance application, Applicant's Project Description; 3. Transactional Disclosure Form; 4. Owner and Agent, Transactional Disclosure form; 5. ZBA questionnaire; 6. Photos of property; 7. Short Environmental Assessment; 8. Current Site Plan and Building Plan; 9. Lform; 10. AG Data form; 11. Assessors card; 12. Prior Certificates of Occupancy; 13. Owner Authorization; and 14. A check as and for the filing fee. If you have any questions, please do not hesitate to contact the undersigned, Veycloys, Williain C." s �108�i WCG\dmp enclosures Fee::$ .......m....._Filed By: Assignment No. APPLICATION TO TBE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE HOuse No.32930 Street Route 25 Hamlet Cutchogue SCT MI00OSection 97 Block 2 Lot(s) 15,16.5 Lot Size Zone I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED— 8130/16 BASED ON SURVEY/SITE PLAN AT 5/13/16 Owner(s). Allen Oysianik ailing Address: r10 willinm C. Goggins, ]?.Q. Box 65, Mattituck, New York 11952 Telephone: 631-298-4818 Fax: 631-298-4214 Email: gogginslaw @ gmail.com NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect, builder,contract vendee,etc.and name of person who agent represents: Name of Representative: William C. Goggins for(K)Owner( )Other: Address: P.Q, Box 65, 13235 Main Road, Mattituck, New York 11952 Telephone:631.-298-4818 FaxIQ31-298-4214 Email: gogginsla, @gmail.com Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), (X)Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SU /SITE PLAN DATE D.August 30,2016and DENIED AN APPLICATION DATEDJune 9, 2016FOR: Building Permit Certificate of Occupancy O Pre-Certificate of Occupancy, Change of Use Permit for As-Built Construction Other: lot line change Provision of the Zoning Ordinance Appealed. (indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: III Section: 280-14 Subsection: Type of Appeal. An Appeal is made for: �)A Variance to the Zoning Code or Zoning Map. A Variance due to lack of access required by New York To Law-Section 280-A. Interpretation of the Town Code,Article Section *see, below )Reversal or Other A prior appeal has, (X)has not been made at any time with respect to this pE2pe!:!y,UNDER Appeal No(s). Year(s). (Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File# Brewington #674 Ovsianik #1686 Ovsianik #3048 Ovsianik #3049 Kennedy #3133 Lot 16.5 Ovsianik #4196 REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: lot line change consistant with the present permitted us 2.The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance,because: location of exsisting buildings and use® 3.The amount of relief requested is not substantial because: The present uses will not change, only the lot line to make the properties consistant with their respective uses® 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: nothing will change, but the lot line 5.Has the alleged difficulty been self-created? { ) Yes,orfKlNo Why: The to issued a certificat of occupancy for a commercial building and is substantly located on residential land I Are there any Covenants or Restrictions concerning this land? kjNo I )Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community, it "Illf--" - Signature of Applicant or % orized Agent (Agent must submit written Autho auon from.Owner) Sworn to before me this I e'd, of No vembar.......NIL— No')gry Public APPLICANT'S PROJECT DESCRIPTION APPLICANT: Allen Ovsianik DATE PREPARED: November 16, 2016 1.For Demolition of Existing Building Areas Please describe areas being removed: N/A --........... 11.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: N/A Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed?If yes,:please provide height(above ground) measured from natural existing grade to first floor: III.Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: N/A ............--- Number of Floors and Changes WITH Alterations: IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage:......... Square footage of your lot:mm Percentage of coverage of your lot by building area: V.Purpose of New Construction: None VT.Please describe the land contours(flat,slope%,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): Flat, Dry Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZA APPLICATION A. Is the subject premises listed on the real estate market for sale? Yes X No B. Are there any proposals to change or alter land contours? X No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? No 2.)Are those areas shown on the survey submitted with this application" 3.)Is the property bulk headed between the wetlands area and the upland building area? 4.}If your ropertycontains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? „ E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? No Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? NA If yes,please submit a copy of your building penult and survey as approved by the Building Department and please describe: i G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? NO If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel commercial tire store, retail,m mmresidential and the proposed use same (ex: existing single family,proposed: same with rage,pool or other) her) Authorized s+rnde AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF OUT OL WTEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: Allen Ovsianik ........ 2. Address ofApplicant: _ao__W111jn— r`' t -N4? 3. Name of Land Owner(if other than Applicant)`—i4- s, P 0. &Q1, w York 11952 4. Address of Land Owner: 13235 Main Road,—MELt.ti-tuzk,, New--Yox1---LL952-- 5. Description of Proposed Project: lot line change 6. Location of Property: (road and Tax map number) 1000-097.00-02.00-015.000 and 016.005 7. Is the parcel within 500 feet of a fa rin operation? I ) Yes (KI No 8. Is this parcel actively farmed? I I Yes (KI No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office(765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 1000-097.00-01.00-001.000; Leonard Dank et al, 800 Cox Lane Cutchogue, New York- 3. 4. 5. 6. (Please us Ahe back of this age cll , ge if there are additional property owners) 16 Signature Applicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. AGENT IREPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Tom)n of Southohl's Code of Ethics prohihits conflicts of interest on the partof toA n officers and em low The purpose of this form is to provide information Ni hich can alert the town of possible conflicts of interest and allim it to take whatever action is necessary to avoid same. YOURNAME: William C. Goggins ............... (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION:(Check all that apply) Tax grievance Building Permit................................ Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) ......... Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the to officer or employee has even a partial ownership of(or employment by)a corporation in which the to officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold .............. Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) — A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) —B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) —C)an officer,director,partner,or employee of the applicant;or —D)the actual applicant DESCRIPTION OF RELATIONSHIP ............................... .......... ......... Submitted this., tday of, 20 16 r2fl Signature Print Name WILLIAM Q. GOGGINS APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM 1h'rown ofSouthold's Code of Ethics prohibits conflicts of interest on the part of tovn officers and emplovecs.1"he purpose of this form is to provide information which can alert the toAn of possible conflicts;of interestand allow it to take whatever action is necessary YOURNAME: Allen Ovsianik (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION:(Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring —----- Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the to officer'or employee has even a partial ownership of(or employment by)a corporation in which the to officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the To of Southold Title or position of that person ................ Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) —Q an officer,director,partner,or employee of the applicant;or —D)the actual applicant DESCRIPTION OF RELATIONSHIP ............ ........................................... .......................... Signature Submittedthil 16th day oMovember2016 _L16ke_4_ PrintName ALLEN OVSIANIK Board of Zo is AUTHORIZATION (Where the Applicant is not the Owner) A1_ len Ovsianik residing at 8490 Soundview Avenue, .......... (Print property owner's name) ( ailing Address) Southold, New York 11871do hereby authorize William C. Goggins (Agent) i to apply for variance(s)on my behalf from the Southold Zoning Board of Appeals. ---&-4� (Owner's Si.gri,-iture) ALLEN OVSIANIK (Print Owner's Name) Town of Southold L'"RP CONSISTENCY ASSESSNM NT FORM A. INSTRUCTIONS I All applicants for permits* including To of Southold agencies, shall complete this CC AF for proposed actions that are subject to the To of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a To of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). i 1 3. If any question in Section C on this form is answered "yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LVv`RP policy standards and conditions. If an action cannot be certified as consistent with the LVvTRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCT MI#- 97 - 2 - 15 and 16.5 The Application has been submitted to(check appropriate response): Town Board R Planning Dept. E Building Dept. F3 Board of Trustees I Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital R1 construction,planning activity,agency regulation, land transaction) (b) Financial assistance(e.g.grant,loan, subsidy) (c) Permit,approval, license,certification: Nature and extent of action: Lot line change Change of zone Location of action: 32930 Route 25; 225 Eugene's Road, Cutchogue, New York Site acreage: 1.8269 acres Present land use: Office, space, auto repair, storage and retail Present zoning classification: Business• R-80 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Allen Ovsianik ( ) Mailing address:cf William C, Gogin.s. P.O» .... w_13235 drain Road, Mattituck, New York 11952 (c) Telephone number:Area Code( )mmm631-298-4818 (d) Application number, if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? � Yes I 2 o If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure,makes beneficial use of a coastal location, and minimizes adverse effects of development. See L Section III-Policies; Page 2 for evaluation criteria. ElYes o Not Applicable Non waterfront Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See L Section III-Policies Pages 3 through 6 for evaluation criteria L' Yes 11 No FXI Not Applicable 617.20 Appendix B Short Environmental Assessment or Instructions for C LMglefing Part I-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part I based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. ..... ..................................... Part I-Project and Sponsor Information Name f Action or Project: Ovsianik Project Location(describe,and attach a location map): corner of 32930 Route 25 and Eugene's Road, Cutchogue, New York 11935 ..... .............................. Brief Description of Proposed Action: Lot line change ............. Name of Applicant or Sponsor: Telephone: Allen Ovsianik -E--Mail: Address: c/o P.O. Box 65 ................ . ........ City/PO: State: Zip Code: Mattituck NY 11952 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the envirom-nental resources that X may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: To Board, Planning Board X ................ 3.a.Total acreage of the site of the proposed action? 1.8269 acres b.Total acreage to be physically disturbed? —a, acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? ......®s acres 4. Check all land uses thatoccuron,adjoining and near the proposed action. 1:1 Urban 11 Rural(non-agriculture) El Industrial El Commercial 0 Residential(suburban) El Forest EJ Agriculture 0 Aquatic 0 Other(specify)- El Parkland ............. --- Page 1 of 4 5. Is thpe proposed action, NO a.A peritted use under the zoning regulations? Yes and No .................. YES N/A b.Consistent with the adopted comprehensive plan? X 6. Is the proposed action consistent with the predominant character of the existing built or natural lel YES landscape? X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: X 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X "7 b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES ....................... If the proposed action will exceed requirements,describe design features and technologies: 10. Will the proposed action connect to an existing public/private water supply? NO YES it ........... If No,describe method for providing potable water: X .............................. ........... 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: X 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic YES Places? b.Is the proposed action located in an archeological sensitive area? ........................ .. ......... 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: X .................... ...................... 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: 0 Shoreline 0 Forest 0 Agricultural/grasslands 0 Early mid-successional 0 Wetland 0 Urban 0 Suburban ......................... 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X . ............ 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? 0 NO 0 YES X b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: 0 NO 0 YES Page 2 of 4 ..................... 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO VES solid waste management facility? If Yes,describe- X 20.Has the site of theproposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: X ........................... ........... I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF My KNOWLEDGE Applicant/sponsor a e- Data: a a- Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part I and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?"' No,or Moderate small to large impact impact may may occur occur .......... 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 1 Will theproposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? - ..........- ......... L5 Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? .............. 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result inan adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small o large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The bead Agency is responsible fort the completion of Part3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environrnental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. _._ ........... ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. * Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer...................................... Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from ... Respoo nsible Officer) Page 4 of 4 . ....... Lo ............ I....... -01 Ln ou Al m -0 or- m mn tip- 7- .. .. ................... 'c: 40: 04 ZZ, Ica CA Pon 71 ASS ti Lj uuuu Ul ",owl ------�72" �..A MOM �,,,,�� fix•; ��-�, � � ow MR l 2M ,,.., l �60 < .r (D :-r CLn DD O 3 N I IIS O O O O I ...... _.I_.._.. �....,.. 0 O a CD -r r 0 fl 3 0 a' CDi o Zy- _.....� ....., C �...�. m�...,., 3 �I Ln6 O O S 7 --. 4 m i � I I , S ,it zal Q � m trt d X Z rn ;u N 71 X .. � d: s FTI rT O � n z '` mN rr _ D Q'! Q "u D 1 O z- Dk— Ln a C 6.. �i w W.hy fo 4 FORM NO,4 TOWN Of SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Miall Southold, N.Y. Certificate Of Occupancy No. . . . . . . . . . Date . . . .. August .�4. . » . . . . . . . . .. . .. l9 g.� THIS CERTIFIES that the building „ . . . .. . . . . . . . .. . . . .. . . . . . . . 15ageoeie Road Location of Property rip P . . . . . . . . . . .kjain l 9.d . . . .. . Cutchogue House No. Stmt r Hamle[ County Tax Map No. 1000 Section 99:3. . . , „,, ..Block . , C . , . . . . . .Lot .. . 01 S. . . . . . . . . . Subdivision- X . .. . . . . . . . . . . . . . . . . . .Filed Map No, x. . .Lot No. A. . . . . _ . . .. . Requirements for a two-bay garage built ppior to conforms substantially to the >tod'brdd o t e'd Certificate of Occupancy April 3. . . . . .. , 19 T pursuant to which Bt a'Peranit No. _Z11157 —.. .... . . dated . . . .Au ,u t 24 . . . . . . . . . . . . . 19 q?. ,was issued,and conforms to all of the requirements of the applicable provisions of the law.The occupancy for which this certificate is issued is . . . . . . . . . . . . . .4. twowPAY 68, Nu�x !I. . . . . .. .. .. , ry . , . .. . . . , .. .. . . . a The certificate is issued to . Ranald A. HCCallum . . . , . . . . (owner,IaalOo�orhfnsnN of the aforesaid building. Suffolk County Departxnent of Health Approval . . . n/r. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . .n/r,, Building Inspector Rev.1181 E®/T0 39Vd S-1d3dddd0G99NIN0Z b90699LTC9 bO:bT 5TOZ/5T/90 FORM IYO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold,N.Y. Certificate Of Occupancy No. .. . .G1k52. . . . . . bate . . . .. . . . . . . . . Y, 30a . a . . , . . . . 1 .6 . TfIIS CERTIFIES that the building . . . . . .add,ition . . . . Location of Property . . ?9. . . . . . s Y .•11d• . . . . . . . utoho ue# , . , Hausa No. Srr6or County Tax Map No. 1000 Section . .. . . . 9.7. . . .Block . .. . . . .. .2 . . . . .Loc . . . . . . .. . . . . . . Subdivision . . ... . . . . . . . . �. . . . . . . . . . . . . . . . .1~iled NMp No. . . .. . .X. .. . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated . _ .SAP t�?In b e r. ?A - . . , 19 AZ pursuant to which Building Permit No. . . . . 1 A 0�9 2. , , _ . . „ . dated . . .. . ..J4IIAV Y. 1,1, . . . , . . . . . 19 . Al was issued, and conforms to all of the requireinents of the applicable provisions of the law. 'Ihe occupancy for which this certificate is issued is The certificate is issued to , „ .. . . . .. A LL!4 J. Y , ovS IA N ZK owner�ig�� +� of the aforesaid building. Suffolk County Department of l4ealth Approval! ., . , , /A. . , . ... , . . . . . . . . , . , . UNDERWRITERS CERTII?'ICATB NO. . . . . . . . . .. . . . . . . r . 02 6 5€ A . Building Inspector Rev.MI E0/Z0 SSVd S-1VEddVA0G99NIN0Z b90699LTE9 b0:tbT 5TOZ/5T/90 FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy Date .,7u1 6, 1988 . THIS CE TIkTES that the building ., „ , CIC S SORY . . . . . . . . . . . . . . „ . , . . . . 52930 Main Rd & . Location of Property l5 Eugenes Road cu.tchogue , N .Y .,youso 1Vo. . . . . . . �. . , , , n . . . . . . . . . . . . . . . . .Hamler County Tau Map No. 1000 Section , . . ?. . . .. ..Block _2. I . . „ . . . . . .Lot . . . 15- - 11 . 1 - 1 . Subdivision . .. . . . . . . . . .. . . . . . . . . . .. . . . . . . .Filed Map No. . , . . . . . .Lot No. . .. , . , . . . . . confosxns substantially to the Application for Building Permit heretofore filed in this office dated January 29 , 1988 16740 Z ,pursuant to which Building Permit No. . . . . . . . . . . . , .. . . ,. . . dated . ,F e b r u a.r , 1 1,. 198,8 . was issued,and conforms to all of the requirements of the applicable provisions of the law. The,occupancy for which this certificate is issued is . . . . . . . . . ACCESSORY BUILDING TO MAIN BUILDISC ,AS APPLIED FOR The certificate is issued to . . . . . . _ . 'ALLEN W. OV91ANIR of the aforesaid building. I � Suffolk County Department of Health Approval. . . . . . . .N/A , . . . . . . , . . . . . . . UNDERWRITERS CERTIFICATIS NO,PENDING _ June 23,,# . 1988 . PLtiMBRRS CERTIFICATXON DATED: N/A Building Inspector Rev.1181 �O/EO SOt�d S-1d3dddd0GE9NIN0Z b90699LTE9 tbO:t T STOZ/51/90 i� l � J /�, �� , %% ;, ,, !i i/ ,�!�;� ,i � � � l io ��%y��» % �; �r <�/%�� , ��, �t a ,'i ,( ,'f ,, rf �1��;, �,r� Y� 1� , ,f �� ,o�y�r� _,�r f �, ,,w,�I" �� , a ,�� ' �� ,,, ,,�� ,w; ,� � ,�, �� / � V J w / yy �J�� Ir ifm' l y r >j of ;Jut�I r ,; ✓'�Ypp1; 'py�� 11��1�;�lJl l��J f� if "f�� I a �r �a �r J �Ow�r ^f ;lm""""'k / !1(fIf(� Y71Jfj(91JIf, 1i J /1l: Fr tif(�l t f�.� i r 1 f J Il;�at )I f i�l f i J r� � ^,i ��a�l ^°�;1 � ,. I" �Ab��I �(°.I iJ^`r(�� J� i�f.; !I� %,_ ��iJ�/1J/� /:: J� `• 3 Ilre I � I /� yYl�dl JJ I 1 m iI uuuuu illi «, j uuu ii II , I uuuii ,r lr h illo rf In , Ir i /Fri r; r9 f the/ r r NI nV my �. /f N r�Ntil �d lY9 I r °r. i D J v / /'�%�� ,rr�✓ /� a I. i l JJJJJJ �� lZ TOVVN OFF SOUTHOLD, NEW YORK APPLICATION FOR SPECLAL EXCEPTION APPLICATION NO. DATE May 15.9 1964 To THE ZONING BOARD OF APPEALS, SOUTHOLD, N. Y 1, (We) James Brewing ton ..........................of 7,33--ftin-20-0........................... Narac Stpeet and Number ........... . ...... ...... ....... Municipality State Hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accardance with the ZONING ORDINANCE ARTICLE IV SECTION 400 SUBSECTION 9 THE SPECIAL EXCEPTION IS REQUESTED BECAUSE: I wish to sell used cars in connection with my service station located at South side of main road, east side of Eugene road, Cutchogue. This service station has been in this location for many years, and from time to time changed managment and opera tiors$ the station had been closed for some time before I took it over, We offer the usual services found in gasoline stations and have recently obtained a licence to sell cars from the state of New York. I am making the request as required under the zoning ordinance Article IV, section 1+00 subsection 9 as ammendedg there is sufficient area on our lot to provide sapce for the few cars we may have at one time. STATE' OF NEW YORK SS COUNTY OF Suffolk) Signature Sworn to this day of .........................k�.. ............ Notany ftblic, FORM Z132 TOWN OF SOUTHOLD, NEW YORK DATE ..�QV.....2i 1972 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1686 Dated October 16, 1972 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Allen W. Ovsianik and Roland W. Bollman Appellant Little Neck Road Beebe Drive Cutchogue, N. Y. Cutch?pe N. Y. at a meeting of the Zoning Board of Appeals on November 2, 1072 the appeal was considered and the action indicated below was taken on your ( ) Request for variance i due to lack of access to property (X) Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance 1. SPECIAL EXCEPTION. $y resolution of the Board it was,determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed, because 9115 Fw,M. (L.S.T. ) # upon application of Allen W. Oeianik, Little Neck Road,, Cutohogue, New York, and Roland W. Ball no Beebe 'Drive, Cutchogue, Now York, for a special exception in accordance with the honing Ordinance, , Article VII, Section 700, Subsection B-4. for permission to operate a used car lot. Location of propertys southeast corner of Bugenels Road and Main Road, Cutchogue, New York, bounded north bjt Main Road (Route 25) ; east by F. Abatelli; south by M. Filla; west by Eugene 's Road. Fee paid $15.00. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the'Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SSE RTVERSE .............. (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SSE RMRSF (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SLS RLVSRSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REV ME L 1 ZONING BOAR 3. OF APPEALS FORM Z334 �7 I A � q ; .....-- ;^� f„r "r ,�”, // ' ®.(. rJorie` MoDermott, Secretary .0 Southold Town Board of Appeals After investigation and inspection the Board finds that applicant requests permission to operate a used car lot on premises located on the southeast corner of Eugene's Road and Main Road, Cutchogue, New York. The Board finds that according to the Ordinance there is a bulk requirement under pB-le Business of 30000 square feet and the area of the property under consideration is approximately 25,000 square feet. Also, according to the Ordinance there shall be no used car lots located within 300 feet of any residence district. The Board finds that this would, in effact, be thecreation of two businesses on one under-sized plot (service station and used car lot) , and would constitute unwarranted proliferation-of strip zoning. The Board finds that the public convenience and welfare and Justice will not be served and the legally established or .permitted use of neighborhood property and adjoining use districts will be permanently or substantially injured and the spirit of the. Ordinance will, not be observed. THEREFORE IT WAS RESOLVED Allen W. Ovsianik, Little Neck Road, Cutchogue, New York, and Roland W. Bollman., Beebe Drive, Cutchogue, New York, be denied permission to operate a used car lot on the southeast corner of Eugene 's Road and Main Road, Cutchogue, New York, for the reasons stated. Vote of the Board,,, Apes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. ��' 31 �_ . Southold Town Board of Appeals eals MAIN ROAD - STATE ROAD 25 SOUTHOLD. L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPE RECEDED AND FILED B` Appeal No. 3048 THE SOUTHOLD TOWN CLERK Application Dated October 12 , 1982 DATE " TO: Mr. Allen Ovslanik , 71 - , Box 485, Main Road Cutchogue, NY 11935 Town Clerk, Town of Southold At a Meeting of the Zoning Board of Appeals held on November 18 ,. 1982 the abov6 appeal was considered, and the action indicate e ow 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 VII , Sections 100-70 (B) [4] and 100-71 [ ] Request for The public hearing on this application was also held on November 18 , 1982. Upon application of ALLEN OVSIANIK, Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article VII, Sections 100-70 (B) [4] and 100-71 for permission to _construct addition to existing gas/service station with reduction in frontyard area in this B-1 Zoned District. Location of Subject Parcel: Corner of S.R. 25 and Eugene Road, Cutchogue, NY; County Tax Map Parcel No. 1000-097-02-015. The board made the following findings and determination: By this application, appellant seeks permission to construct a 16 ' by 42' addition (exclusive of 2 ' concrete apron along west side of addition) for use as a shop area for the existing service station. The setback of the new addition at its nearest point with Eugene' s Road is 15 feet (southwest corner) . The existing service station building is setback at its northwest corner from Eugene' s Road at 19.34 feet as indicated on site plan revised 10/2/82 submitted with this application. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances are unique; that by allowing the variance no substantial detriment to adjoining properties will be created; that the difficulty cannot be obviated by a method feasible to appellant other than a variance; that the relief requested will be in harmony with and promote the general purposes of zoning; and in view of the manner in which the difficulty arose and in consideration of all the above factors , the interest of justice will be served by allowing the variance. On motion by Mr. Sawicki, seconded by Mr. Doyen, it was RESOLVED, that the relief requested in Appeal No. 3048 , application by ALLEN OVSIANIK for permission to construct addition with reduced frontyard setback at 15 feet, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: (Continued on Page Two) DATED: December 13, 1982. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3048 Application of ALLEN OVSIANIK Decision Rendered November 18, 1982 1. That the present use (service station functions) be continued for this new addition; 2. That at no time may premises be used for more than one business; 3. That storage of vehicles is limited to the east side and south rear yard areas [and in no event forward of the building into the frontyard) ; 4. If the rear or side yard areas of premises are used for storage of vehicles, then adequate screening shall be provided as required by the Zoning Board of Appeals for that purpose; 5. That this variance is subject to review by the Suffolk County Planning Commission pursuant to Sections 1323, et seq. of the Suffolk County Charter; 6. That this variance is subject to Southold Town Planning Board approval and requirements, if any. Location of Property: S.R. 25 and Eugene Road, Cutchogue, NY; County Tax Map Parcel No. 1000-97-2-15. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent. ) This resolution was unanimously adopted. ROVED Chairman Board of APKals Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOU THOLD, L.I., N.Y. 11971 ACTION OF THE ZONING BOARD OF A , PRECEVM AND FILED BY SOUTHOLD TOWN CLERK Appeal No. 3049 DATE Application Dated October 12, 1982 � ` HOUR 1--,3o TO: Mr. Allen Ovsianik `` Box 485, Main Road Cutchogue, NY 11935 Town Clerk, Town of Southold At a Meeting of the Zoning Board of Appeals held on November 18 1982 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 [X] Request for Special Exception under the Zoning Ordinance Article VII , Sections 100-71 (B) [41 and 100-71 [ ] Request for Variance to the Zoning Ordinance Article , Section [ j Request for The pub lic hearing on this application was also held on November 18 , 1982. Upon application of ALLEN OVSIANIK, Main Road, Cutchogue, NY for a Special Exception to the Zoninq Ord�na.nce, Article V11, Sections 100-70 (B) [4 and. 100-71 for permission to construct addition to existing gas/service sta... Of Su orl wt.h reduction in frontyard area in this B..1 Zoned District.. Location Subject parcel : Corner of S. R. 25 and Eugene Road, Cutchogue, NY; County Tax Map Parcel No. 1000-097-02-015 . The board made the following findings and determination: By this application, appellant seeks permission to construct a 16 ' by 42 ' addition (exclusive of 2 " concrete apron along west side of addition) for use as a shop area for the existing service station. The setback of the new addition at its nearest point with Eugene' s Road is 15 feet (southwest corner) . The existing service station building is set back at its northwest corner from Eugene' s Road at 19.34 feet as indicated on site plan revised 10/2/82 submitted with this application. The premises is question contains an area of approximately 14 ,500 square feet, with frontage along Eugene' s Road of 129 feet and along the Main Toad of 136 feet. In considering this appeal, the board determines that the use applied for will not alter the essential character of the neighborhood7 that the use will not prevent the orderly and .reasonable use of adjacent properties or of property in adjacent use districts; that the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located , or of permitted; or legally established uses in the district wherein the proposed use is to be located , or of permitted or legally established uses in adjacent-use districts; that the safety, health, welfare, comfort, convenience and order of the town will not be adversely affected by the proposed use and its location, and that the interests of justice will be served by allow- ing the variance conditionally as noted below. On motion by Mr. Sawicki , seconded by Mr. Doyen, it was RESOLVED, that the relief requested in Appeal No. 3049, application by ALLEN OVSIANIK for permission to construct addition with reduced (CONTINUED ON PAGE TWO) DATED: December 13, 1982. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3049 Matter of ALLEN OVSIANIK Decision Rendered November 18, 1982 frontyard setback at 15 feet, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS : 1. That the present use (service station functions) be continued for this new addition; 2. That at no time may premises be used for more than one business; 3. That storage of vehicles is limited to the east side and south rear yard areas (and in no event forward of the building into the frontyard) ; 4 . If the rear or side yard areas of premises are used for storage of vehicles, then adequate screening shall be provided as required by the Zoning Board of Appeals for that purpose; 5. That this variance is subject to review by the Suffolk County Planning Commission pursuant to Sections 1323, et seq. of the Suffolk County Charter; 6 . That this variance is subject to Southold Town Planning Board approval and requirements, if any. •Location, of.LProperty: S.R. 25, and•.Eugene Road, Cutchogue, NY; County Tax Map Parcel No. 1000-97-2-15. Vote of the Board: Ayes : Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent. ) This resolution was unanimously adopted. APPROVED 4' of, Amall � ,p Southold Town Board of MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3133 Application Bated May 17, 1983 (Public Hearing held 7/28/83) TO: Mr. Thomas Kennedy [Appellant(s) ] 120 Log Road Patchogue, NY 11772 At a Meeting of the Zoning Board of Appeals held on August 11, 1983 the above appeal was considered, and the action indicated below was taken on your [ I Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ I Request for Special Exception under the .Zoning-Ordinance Article , Section [A Request for Variance to the Zoning Ordinance Article III , Section 100-30 (A) [ I Request for The public hearing on this matter was held on July 28, 1983, at which time the hearing was declared closed pending deliberations. Upon application of THOMAS KENNEDY, 120 Log Road, Patchogue, NY 11772, for a Variance to the: Zoni-ng Ordinance, Article III, Section- -- 100-30 (A) for permission to use property for business purposes, to wit: Video Tape Rental .and Equipment Sales, at premises located at 33260 S.R. 25 and 225 Eugene' s Road, Cutchogue; Filla Minor Subdivision Map 721 Lot. 1;. 'Cou.nty Tax, Map Parcel No. 1000-097-02-016.5. The board made the 'following findings and determination: By this appeal, appellant seeks a variance to the provisions of Article III, Section 100-30 (A) of the Zoning Code to permit the use of property located in the "A-Residential and Agricultural" Zone for the Purposes of retail sales and rental of video tapes and equipment. The members of this board have personally visited the site and are familiar with the property as well ,as the surrounding neighborhood. The property in question is shown on the Suffolk County Tax Map as District 1000, Section 9.7, Block 02, Lot 016. 5, and is more particular- ly -known articular-ly known as Lot #1 of Minor Subdivision of .Filla, Map #72. It comprises 65,610 square feet in area and is "L"-shaped, with 131. 22 frontage along Main (S.R. 25) Road and 193. 44 feet along Eugene' s Road. The premises is surrounded on the north, -southwest, south and east by parcels also zoned ='A-Residential and Agricultural"; and at the upper northwest corner of the premises are two parcels zoned "B-1 General Business. " Across the-Main Road. horthwesterly- of the subject parcel are parcels zoned "B-1 General -Business and directly across the Main Road- opposite the subject parcel are parcels zoned "A-Residential and;.Agricultural. " For the record, it is rioted that the parcel in question. and parcels to the south and east are not improved. Since this is a use variance, before this board may grant the same, it must be demonstrated that: (1) the land in question . cannot yield a reasonable return if used only for the purpose of the. zone in which it is located; (2) that the plight of the owner is due to unique circumstances and not to the general conditions of the neighborhood which may reflect the unreasonablene-asiof the zoning ordinance itself; and (3) that the use to be authorized will not alter the essential character of the neighborhood. In order for Appellant ;to sustain his burden to prove the lack of reasonable return, he must demonstrate-this lack of reasonable return by dollars and DATED: August 22, 1983 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) (CONTINUED ON PAGE TWO) Page 2 - Appeal No. 3133 Matter of THOMAS KENNEDY Decision Rendered August 11, 1983 cents proof. No such proof has been presented in this case, and accordingly, the board must deny the variance applied for. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that Appeal No. 3133, application of THOMAS KENNEDY, be and hereby is DENIED. Location of Property: 33260 S.R. 25 and 225 Eugene' s Road, Cutchogue; Filla Minor Subdivision Map #72, Lot #l; County Tax Map Parcel No_. 1000-097-02-016. 5. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,-` Douglass and Sawicki. (Member Doyen , was absent. ) This resolution was unanimously adopted. GERARD P. GOEHRJ�3GEIZ. . CHA R August 22, 1983 RECEIVED AND 'FILED BY TIM sCUIMOLD TOVM CLERK DAA� �� HOU!" 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