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HomeMy WebLinkAbout3260Cond. Appr. to build adj. parking lot. Action Date: 9/13/84 ~ ~ ~/~/~ Southold Town Board o£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. 3260 Application Dated June ]8, ]984 (Public Hearing July 26, TO: Mr. David E. Kapel] as agent for JOHN GIANNARIS AND OTHERS (Hellenic Cabins) 400 Front Street Greenport, NY 11944 1984) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on SePtember ]3, ]984, the above appeal was considered, and the action indicat---~-~-~-i~-~ ~ 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 , Section Request for Variance to the Zoning Ordinance Article XI , Section ]00-]]2(H) [ ] Request for Upon application of JOHN GIANNARIS AND OTHERS, by D. Kapell, 400 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article XI, Section lO0-112(H) for permission to use adjacent easterly premises of the Village of Greenport of .765 acreage for parking acces- sory to the snack bar use existing on the parcel presently owned by the applicants also located at the north side of Main Road, East Marion; County Tax Map Parcel No. 1000-35-2-14 and No. 1000-35-2-15.1; see Site Plan revised 5/4/84 and 5/30/84(further amended 8/9/84). The board made the following findings and determination: This is an appeal from the June 15, 1984 Notice of Disapproval from the building inspector for permission to build a parking lot on property leased from the Village of Greenport to the applicants herein executed on the 10th of May, 1984. The leased premises consists of a parcel of land located at the north side of Main Road, abutting the "Hellenic Snack Bar" premises on the west side and containing an area of .765 acreage, and is located in the "A-Residential and Agricultural" Zoning District, fronting along the Main Road 120.81 feet. Article III, Section lO0-112(H) of the Zoning Code and the relief granted hereunder requires continued main~nance of the required number of spaces either through the existence of such use to which these are acces- sory, or until such spaces are provided elsewhere. The uses to which these parking spaces are accessory are shown on the Site Plan most recently revised 8/9/84, prepared by Kontokosta Associates. Since the parking lot to be leased by the applicants is not in the same ownership to the use to which it is accessory, it should be understood that in the event the lease is terminated, the applicant must return to the Planning Board for a new Site Plan submission and reconsideration thereunder. Also, in considering this application, it is the recommendation of this board that the existing ingress located at the easterly end of the snack bar, along the north side of the Main Road, should be relocated further to the east of the subject accessory parking lot, and that same should have a minimum width of 18 feet. This recommended relocation would be near the access area presently used by the Village and would extend through the Village parcel for parking. One of the board's concerns with the ingress proposed by applicant is customers walking from the parking area across the entrance route to the snack bar. Vehicles entering at that point may not see persons walking directly into them from the accessory parking area. (CONTINUED ON PAGE TWO) DATED: September 18, 1984. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3260 Matter of JOHN GIANNARIS, ET AL. (Hellenic Decision Rendered September 13, 1984 Snack Bar/Village of Greenport) The board members are each familiar with the sites in question as well as the surrounding area. It is also noted for the record that the Planning Board has granted conditional approval at its September 10, 1984 Meeting of the 8/9/84 Amended Site Plan, which has been made a part of this file. The Village of Greenport ten-year lease agreement has also been made part of this file. Now, therefore, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3260, in the matter of JOHN GIANNARIS, ET AL. for permission to build parking lot accessory to the Hellenic Snack Bar, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING: 1. Extension road or drive from rear of snack bar/restaurant be fenced along both sides with chainlink or split rail not to exceed four-feet in height (as a safety precaution); 2. A barrier be erected across the front of existing parking area at front of snack bar/restaurant approximately three feet inside front property line to eliminate parking in front of existing snack bar (with or without proposed improvements to building) and more particular depicted on survey marked in red ink initialed by the Chairman 9-13-84; 3. The recommendation to eliminate existing ingress between snack bar and subject parking lot by moving the ingress further to the east of said parking lot; 4. That the words "NO PARKING" be painted in the gutter area along the street pavement at the egress and ingress areas. Location of Property: North Side of Main Road, East Marion, NY; County Tax Map Parcels No. 1000-35-2-14 and No. 1000-35-2-15.1. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. lk "' FILED BY THE SOt,', ~ :) TOWN CLEiuL ~", ' Town ot GERARD P.~O,~HRI'NGE~, CHAIRMAN September 18, 1984~ (~NING BOARD OF APPEALS. TOWN HALL / MAIN ROAD - S.R. 25 ~OUTI-IOLD, N.Y..1197_L NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following matters will be held for Public Hearings by the Southold Town Board of Appeals to be held on THURSDAY, JULY 26, 1984 commencing at 7:30 p.m., at the ~uthold Town Hall, Main Road, Southold, NY, and as~follows: 7:35 p.m. Appl-ication of SOUTHOLD EQUITIES, INC., 195 Youngs Avenue, Southold, NY for a Variance to the Zoning Ordinance, Article VII, Section lO0-71 for approval of insufficient area of two proposed lots which contain existing buildings, the northerly lot having frontage along Traveler Street, and the southerly lot having frontage along Main Road, in the Hamlet of Southold; County Tax Map Parcel No. 1000-061-1-15.1 (15). 7:40 p.m. Application of JOHN SIMICICH, by Charles R. Cuddy, Esq., 108 East Main Street, Riverhead, NY for Variances (a) 'the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of parcel in this proposed two-lot subdivision (b) New York Town Law, Section 280-A for approval of access over a private right-of-way known as 'Camp M~neola Road" extending northerly from Kraus Road. Location of Property: West Side of Camp Mineola Road, Mattituck; County Tax Map Parcel No. 1000-122-05-3.3. ~' to' 7:45 p.m. Application of JOSEPH A. WANAT, by A. A. Wick- ham, Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient width of parcel to be set-off located on a private right-of-way at the north side of Bergen Avenue, Mattituck; County Tax Map Parcel No. 1000-112-01-016. ~;50 for approval p.m. R~C~Ssed'Hearin~: HENRY P. SMITH. Variance of two parcels with insufficient area and width in this B-1 Business Zoning-District, West Side of Peconic Lane, Pe~onic. 1000-7-4-5-2 and 3 (9.2). , 7:55 p.m. Application of JOH~"GIANNARI~ AND OTHERS, by ' ~ ~~, ~'. Kape]l,'4OO.Front Street, Greenport, NY for a V--~rianc-----~to the ~~Zoning Ordinance, Article X.I, Section lO0-112(H) for permission ea terl touse adjacen~prem~ses of the Village of of .765 Greenport acreage for parking:.acce§sOry to the snack bar use existing on the p~rcel ~presently owned by the applicants also located at the north side ~of Main Road, East Marion; County Tax Map Parcel No. 1000-35-2-14 '~,.~_and No. 1000-35-2-15.1; see Site Plan revised 5/4/84 and 5/30/84. P6ge 2 of 2 te~al Notice of Hearings Southold Town Board of Appeals Regular Meeting of July 26, 1984 8:00 p.m. Application of VINCENT GRIFFO, by I.L. Price, Esq. 828 Front Street, Gree~port, NY for a Variance to the Zoning Ordi- nance, Article III, Section 100-32 for permission to construct tennis court and pavillion, both accessory to a proposed one-family dwelling and both accessory buildings to be located in an area other than the required rearyard, at premises known as 3765 Robinson Road (West Side of Bridge or Briar Lane), Paradise Point Subdivision Lot 12 and part of parcel <nown as County Tax Map 1-000-81-1-16'~1. 8:05 p.m. Application of NICHOLAS ALIANO, 3800 Duck Pond Road, Cutcho§ue, NY for a Special Exception to the Zoning Ordinance, Article VI, Section lO0-60(B)[1](b), Article V, Section 10.0-50(B)[4], for permission to establish and build four two-story motel buildings containing 10 motel units for transient use, and an office building of 2,500 sq. ft. in area on this 3.721-acre parcel located on the South Side of Main Road, Greenport, NY. Zoning District: B-Light Business. County Tax Map Parcel No. 1000-46-01-002.1. 8:10 p.m. Application of THOMAS HIGGtNS, 48 Kenwood Road, Garden City, NY 11530, for a Variance to the Zoning Ordinance, Article III, Section lO0-31 for permission to construct deck addition to dwelling with reduction of frontyard setback from Cedar ~oint Drive East. 'Identification of Property: 80 Lakeside Drive (a/k/a 675 Cedar Point Drive East), Southold; Cedar Beach Park Subdivision Lot No. 81; County Tax Map Parcel No. 1000-90-03-014. 8:35 p.m. Recessed Hearing: ARTHUR R. TRUCKENBRODT, ~et al for a reversal of interpretation of Building Inspector~concerning property of D.I. Abbott and J.T. Swanson, Private Road No. 7 (a/k/a Diedericks Road), Orient; 1000-18-03-005. Those desiring to be heard may do so in person, in writing, or by attorney or other representati, ve. For additional information, please contact our office, 765-1809 (or 1-802). Dated: July 3, 1984. BY ORDER OF THE SOUTHOLD TOWN B.OAR~..OF ~PPEALS GERARD P. GOEHRINGER CHAIRMAN NOTICE TO NEWSPAPERS: Please publish Thursday, July 19, 1984, and~ forward nine affidavits of publication on or before July 24th to Board of Appeals-', Main Road, Southold, NY 11971. Thank you. ~ TO%,~ OF SOUTIIOLD BUILDING DEPAt~TMENT TOWN CLERK'S OFFICE SOUTHOLD, NOTICE OF DISAPPROVAL File No ................................ PLEASE TAKE NOTICE that your application dated ... ,~ ~/.~ ............. 19 .~ J.. for pe~it to constmc~ .... ~' ~k' ' ~ ............ at ~o,~tm of ~op~,~ .. ~.~. ¢~ ...... '... ~ ~.~ ....... ~. ~. ~ ~ ....... N~o~ No. Steer Nam/et County T~ M~p No. ~000 Section ... ;~.~. ~ .... Block .... .~. ~ ~t o.. ~.~.~,..~.. Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following gl'ounds . . ,{ .~. 7././. ~... (. ~.. ). ............ Building Inspector RV 1/80 TOWN OF $OUTHOLD, NEW YORK DECISION OF BUILDING INSPECTOR APPEAL NO, ......... ,,N.;~.; ........... HEREBY APPEAL TO~ State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING: INSPECTOR ON, APPLICATION DATED: 6/11/8~ FOR: Permission to build a pa~king 'lo~ WHEREBY THE BUILDING INSPECTOR DENIED TO ' ' John Giannaris ' ....... ......................... " Name of Applicant for aermit .of 400 Fro~ S~ree¢ Street and Number Municipality State ) PE~t~,~O USE :}~:_ PERMIT ~OR OCCUPANCY OF,-THE PROPER~h.,~.~9~.,.~ ~ Map No, Lot DATE ~ORCHAS~D: ~ .............. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Seation, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) XI , ~ction TYPE OF APPEAL Appeal is mode herewith for ) ~ VARIANCE to the Zoning Ordinance or Zoning Map ',A, VARt'ANGE due, to lack, off. acc;ess (State of New York Town Law Chap. 62 Cons. Laws ~; ~ArL,,[6 S,ec. 280A Subsectlon,,;~4~-:, .- ~ ' ~; ~ ~ ............ ~ .... ~:'.' ,t~ PREVIOUS APPEAL A previous appeal iF,2r~},(has not):been,~rb,ade:~witl~.respect ,t~ tbi~,¢e'e~ision of the Building Inspector or with respect to this aroperty. Such appeal was ( ) request for a special permit ( ) request For o variance and was mode in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A V~riance to Section 280A Subsection 3 (X) A Variance to. the Z.oning Ordinance is requested for the reason that we would like to build a parking lot for'~$8 cars on property which has been leased from the Village of Greenpor¢ for this purpose. The subject premises are zoned A-Agricultural-Residential and ~ticle XI, Sec~. -l~2(H) allows for this use ~nly with Approval fro~ t-he~ Zonin~ REASON FOR APPEAL Continued 1. STRICT APPL!CATION OF THE ORDINANCE would produce practical difficultie~'or unne~es- so~ARDSH[~because the applicant, John Oiannaris & Ors., _o the owners of the adjaceat parcel to the easc of the subject premises which is-knowm as the Hellenic Cabins and Snack Bar, plan to enlarge their restaurant and sufficient area does not exist on the Mellemic~property Lo. safely accompdat~ ~be p~iBg.~ea~e~ary for the proposed.expansion and to accomodate their existing clientele. 2. The hardshi~ created is UNIQUE and is not shored by all Properties alike in the immediate vicinity of this property and in this use district because a basardous condition currentl'y exist~ ~:~ s~te-'~e ~o a curve ~h~:'Sta~e ~ig~ay at this location and the parking that eurremtly ~akes place om both shoulders of the highway by cust~ers of ..... ~:~al~}% ~ ~B~ ~is condition will be exacerbated by the propose~ '3.' The Variance would observe the spirit oft he O~dinance and wOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the use will be in harmony with and promote the gener~[ p~rposes of the Zoning Ordinance and the use w[ll cot prevent :h~ orderly and reasonable use of adjacent properties and the safety, hea~th, fare~ comfort and convenience and order of the Town will not be adversely af- fected~by the proposed use and its location. The character of ~he District is similar to the applicant's proposed STATE OF NEW YORK ) ~ y z~OUNT, OF Suffolk ) , -,. Notocy Public ; ;~ -TOWN OWNER OF PROP~¥Y VILLAGE SUB. LOT TY~'D OF BUILDING ~'.~&~ , s~s LAND IMP. VL, FARM TOTAL DATE COMM. MICS, ~ Mkt. Value AGE NEW 4-: NORMAL FARM Acre Tillable BUILDING; CONDITION BELOW ' -- --ABOVE Va'lu~ Per Acre FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meedowla~¢l DEPTH BULKHEAD DOCK House Plot Toto~ COLOR ,~ ~ ,C ~. .... ~rRIM Extension Extension Extension Co ~c.~. Bath Floors Porch ~,~ z~ ~ Interior Fihish ~reezewoy Heat Garage Patio O. B. Bosement Ext. Wails Fire Place Type Roof Recreation Room Dormer Dinette K. LR. Rooms:,l~- Floor BR, i ..... COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 November 1, 1984 Town of Southold Board of Appeals Applicant: Mun. File No.: S.C.P.D. File No.: John Giannaris & Others (Hellenic Cabins) #3260 SD-84-16 Gentlemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Subject to conditions set forth by the Zoning Board of Appeals in- cluding the maintenance of parking as per section 100-112 (H) of the zoning ordinance. GGN:Jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner 11788 Southold Town Board of Appeals HAIN ROAD- STATE ROAD 25 SDUTHOLD L.I. 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 Lhe fo]lowing to the Suffolk County Planning Commission: ~ Variance from the Zoning Code, Article %I , Section 100-112(H) Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3260 Applicant: JOHI~ GIANNARIS AND 0T~LERS (Hellenic . .Ca ins) . Location of Affected Land: ~/S ~aln ~d.~ ~as~ ~arion~ NY County Tax Map Item No.: 1000- 35-2-15.1 within 500 feet of: Town o~r Village Boundary Line ___ Body of Water (Bay, Sound or Estuary) ~¢;X_ State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally- Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area 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. was granted conditional COMMENTS: Applicant ~ permission to Copies of Town review. Dated: 9/19/8~ file and related documents enclosed herewith for your ~eft~p. Secretary, Board of~Appeals Southold Town Board of Appeals MAIN ROAD- ~TATI~ ROAD 25 SOUTHDLD, L.I., N.Y. 1'197'1 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S.E.Q.R.A. SERGE DOYEN, JR. ROBERTJ. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION 30SEPH H. SAW~CK~ Notice July 9, I984 of Determination of Non-Significanc~ APPEAL NO.: 3260 PROJECT NAME: JOHN GIANNARIS~ et al. (Hellenic Cabins). This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 Df 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: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance for accessory off-street parking facilities. LOCATION OF ~ROJECT: Town of Southold, County of Suffolk, more particularly known as: E/S "Hellenic Cabins", /~in Rd., East Marion, NY; County Tax Map Parcel No. I000-35-2-I5.I. REASON(S) SUPPORTING THIS DETER~INATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The property in question is not located within 300 feet of tidal wetlands or other critical environmental ~re~. 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 ~o the applicant or his agent and posted on the Town Clerk Bulletin Board. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CItARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI September 18, 1984 Mr. David E. Kapell 400 Front Street Greenport, NY 11944 Re: Appeal No. 3260 - John Giannaris, et al. 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 County Planning Commission GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary pr D Southold, N.Y. 11971 (516) 765-1938 September 12, 1984 Mr. David Kapell 400 Front Street Greenport, NY 11944 Re: Hellenic Snack Bar site plan Located at East Marion Dear Mr. Kapell: Please let this confirm the action of the Planning Board, Monday, September 10, 1984. RESOLVED that the Southold Town Planning Board, following a field inspection, approve the amended site plan of Hellenic Snack Bar located at East Marion for the parking area subject to: 1. Relocation of the telephone booth to the rear of the parking lot, or inside the restaurant. 2. Fence and landscaping in the front of the restaurant in order to obstruct any parking in this area. 3. Approval of the Zoning Board of Appeals for use of the adjacent property owned by the Village for parking. (100-112H) of Greenport 4. Receipt of the filing fee of $50. The Board also recommends widening the loop road to 18' in order to provide a better traffic flow. Please submit three (3) copies of the site plan indicating conditions one and two, and when we are in receipt of notice that the other conditions have been met, the Chairman will endorse the maps. If you have any questions, please don't hesitate to contact our office. Very trulv yours, , BENNETT ORLOWSKI, JR?, CHAIRMAN SOUTHOLD TO~FN PLANNING BOARD °ardef ppe Is EASE A REEME.T O! by and between the INCORPORATED VILLAGE OF GREENPORT, a municipal corporation organized and existing ~nder the laws of the State of New York, having its principal offices at 236 Third Street, County of Suffolk and State of New York, herein referred to as ' and H~LEN HARTOFELIS East Marion, lessor, and JOHN GIANNARIS,/residing at (no.~)Main Road~ /.. County of Suffolk, State of New York, herein referred to as lessee. 1. DEMISE, DESCRIPTION, AND USE OF PREMISES: Lessor leases to lessee and lessee hires from lessor, for the purpose of parking and ingress and egress for parking only and for no other purpose, those certain premises with the appurtenances, situated in the Vlllage of Greeflport, Town of Southold, County of'Suffolk and State cf New York, and more ~articulary described i~ the schedule attached hereto afld marked Ex~ibib 'A' and made a pa~t hereof. As used herein, the term mprem£ses' refers to the real property above described and to ~ny improvements located thereon from time to time during the term hereof. Lessee shall ha~e permission to erect signs for parking and He~enic Snack Bar. 2. TERM: The term of this lease shall be for ten (10) years, commencing on the let day of June 1984, and ending on the 31st day of ~lay , 19 9~. 3. RENT: The rental to be paid by the lessee hereunder sh&ll be as follows: $150.00 per month for the first five (5) years and $250.00 per month for the second five (5) years. 4. WARRANTIES OF TITLE AND Q~IKT POSSESSIO~z Lessor covenants t~t lessor is seized of the demised premises in fee simple ofld has JOHN J. MUNZEL · ATTORNEY AT LAW · 548 ROANOKE .~VENUE ,, RiVERHEAD. NEW YORK 11~01 full right to make this lease and that lessee shall have quiet and peaceable possession of the demised premises during the term hereof. 5. USES PRONIBITED~ Lessee shall not use, or permit the demised premises, or any part thereof, to be used, for any purpose or purposes other than the purpose or purposes for which the demised premises are hereby leased, and no use shall be made or permitted to be made of the demisedl,~r, emises, or acts done, which will cause a cancellation or increase in premium of any insurance policy maintained by the lessor. Lessee shall, at its sole cost and expense, comply with all requirements pertaining to the demised premises, of any insurance' organization or company, and necessary for the maintenance of insurance as herein provided, covering the land and any improvements the[eon. 6. WASTE AND NUISANCE PROHIBITED: Lessee shall not commit, or suffer to be com~£tted, any waste Oh"the demised premises, or any n ' ulsance. 7. SUBLETTING AND ASSIGNMENT: The lessee shall not sublet or assign the premises in whole or in part without the lessor's written consent, and a consent to an assignment shall not be deemed a consent to any subsequent assignment. Any assignments without such consent shall be void and shall at the option of the lessor terminate this lease. Neither this lease nor the leasehold estate of lessee nor any interest of lessee hereunder in the demised premises Or any building~ thereon shall be subject to involuntary assfgll~lent, transfer, or sale, or to assignment, transfer, or sale by operation of law in any manner whatsoever, and any such attempted involunt~lry assignment, transfer, or sale shall be void and of no effect and shall, at the option of lessor, terminate this lease. 8. NOTICES: Ail notices, demands, or ~=her writings in this lease provided to be given or made or sent, or which may be civen or made or sent, by either party hereto to the other, shall be deemed to have bewen fully given or made or sent when made in writing'and deposited in th~ United States mail, registered and postage prep&id, and addressed as follows: TO LESSOR: 236 Third Street, Greenport, New York 11944 TO LESSEE: 9. REPAIRS AND DESTRUCTION OF IMPROVEMENTS: Lessee sh&!l, throughout the terms of this lease, at its own cost, and wi-hour any exp~nse to lessor, maintain the premises and any improvements thereto, including sidewalks adjacent there[o, in-good, sanitary, and neat order, condition and repair, and, excel~t as specifically provided herein, restore ar~ rehabilitate any improvements of any kind which may be destroyed or damaged by fire, casualty, or any other cause whatsoever. Lessor shall not be obligated to make any repairs, replacements, or renewals of any kind, nature, or description, whatsoever to the demised premises or any buildings or improvements thereon. Lessee shall also comply with and abide by all federal, state, county, municipal, and other governmental statutes, ordinances, laws, and regulations affecting the demised premises, the improvements thereon or any activity or condition on or in such premises. 10. INDEMNIFICATION OF LESSOR: Lessor shall be liable for any loss, injury, death, or ~umage to persons or property which at 2y JOHN J. MUNZEL · ATTORNEY AT LAW · 548 ROANOKE AVENUE · RrVERHEAD, NEW YORK 11901 time may be suffered or sustained by lessee or by any p rson whosoever may at any time be using or occupying or visiting the demised premises or be in, on, or about the same, whether such loss, injur~, death, or damage shall be caused by or in any way result from or arise out of any act, omission, or negligence of lessee or of any occupant, subtenant, visitor, or user of any portion of the premises, or shall result from or be caused by any other.matter or thing whether of the same kind as or of a different kind thatn the matters or things, above set forth, and lessee shall indemnify lessor for damages Zo the improvements that are now 'on or hereafter placed or built on the premises and to the property of lessee in, on, or about the. premises, and for injuries to persons or property in or about the from any cause arising at any 2ime. The two preceding .senZences shall not apply to loss, injury, death, or'damage, arising by reason of the negligenc? or misconduct of lessor, its agents, or employees. 11. ATTDRNEY. S W.FEES= If any action at law or in equity, shall be brought to recover any rent under this lease, o= for or on..a~count of.any breach of, or to enforce or interpret any of the covenants, terms, or conditions of this lease, ~or for the recovery uf the possession of the demised premises, the prevailing party shall be entitled to recover from the other party as part of the prevailing partyts costs reasonable attorneys~ fee, the amount of whichMshsll be fixed by the court and shall decree rendered. 12. REDEL[VERY OF PREMISES: be made a part of any judgment or .Lessee shall pay ~he renZand all other sums required to be paid by lessee he=eunde~ in .the a~ounts, at the times, and in the manner herein provided, and shall keep and perform all the terms and conditions hereof on its part to be kept and per£ormed, and, at the expiration or sooner termination o£ this lease, peaceably and quietly quit and surrender to lessor the premises in good order and condition subject to the other provisions of this lease. In the event of the non-performance by lessee of any of the covenants of lessee undertaken herein, this lease may be terminated as herein provided. 13. INSURANCE~ Lessee shall maintain in ef[ect throughout the term of this lease personal injury l£ability insurance covering the premises and its appurtenances and the sidewalks fronting thereon in the amount of ONE MILLION DOLLARS ($1,000,000.00) for injury to or deat~ of any one person, and THREE MILLION DOLLARS ($3,000,000.00) for injury to or death of any number of p~rsons in one 'occurrence, and property damage liability insuranc~ in the same amount. Such insurance sh~ll s~ecificail~ insure lessee against all liability assumed by it hereunder, as well as liability imposed by law, and shall insure both lessor and lessee but shall be so endorsed as to create the same liabilit}, on the part of the insurer as though separate policies had been wr~.tten for lessor and lessee. 13. WAIVER= The waiv:~r c~ lessor of, or the failure of lessor to take action with respect, i-u &ny breach of any term, covenant, o~ condition herein contains' .~!1 not be deemed to be a wa~.v~ of such term, covenant~ or col '.?ion, or subsequent breach of '~he ~ame~ or any other t~rm, coven~.: subsequent acceptance of r to be a waiver of any prece- ~ ..... n of this leas~. · therein contai~%d~ Th~ .essor shall not b~ se~ of any term~ coy ?~ failure ?[ lessee t~; the particular rental so accepted, regardless of lessor's knowledge of such preceding breach at the time of acceptance of such rent,_ IN WITNESS WHEREOF, the parties have executed this lea~e~_on t~ day and year first above written. -- PO HUBHARD, Mayor ~ --- ~ GIANN-ARIS HELEN HARTOFE~'IS STATE OF NEW YORK COUNTY OF SUFFOLK SS..' On the/~ day of ~7~- , 198/, before me personally came GEORGE HUBB.ARD to me known a~d known to to be the individual described in and who executed the foraging instrument,~nd STATE OF NEW YORK - /~CYWC00K COUNTY OF SUF SS.: ~.~.4735151~. On the/~ day of/~//~ , 198~ before .. personally came JOHN GIANNARIS to. me known 'and known;to me to be the individual described ~n 'and 'who executed the acknowledged that he executed the same. STATE OF NEW YORK IOUNTY OF SUFFOLK SS.: On ~he / day of 1984, before ~ue p~:rsona~_?.y :.:~ ' · .~nN HART ELIS to me known and knowu .._ ne to ~,~, u*l~ I. ' :~ ~. ],,described in and who executed ':~,~. fore~ ,~. :n*s~.~ .... .~ :~ foregoing in s t,~e~, and .No tar/~b i ~ c i[ac?<now!edged that she exec~oJ ,.:~ ~_~ All that certain tract or parcel of land situate, lying a~M~ being at East Marion in the Town of Southold, County of Suffolk and State of New York, and bounded and described as follows~ BEGINNING at a point on the easterly side of the Main R..ad at the southeasterly corner of land formerly of Daniel F. Brow~ and now or formerl~ of Hattie Brown, and RUNNING THENCE along lands of Brown North 33°17' West 265.80 feet to a concrete monument at the southerly side of land now or formerly of W.C. Brown; THENCE along lands of W.Co Brown North 60° 00' East 123.60 feet to a concrete monument on the ~aster~y line of'other property of the Village Qf Greenport; THENCE along lands of the Village of Greenport South 32"15' East 283 feet to a concrete monument set on the northerly line of the Main Road; THENCE along the northerly line of the Main Road on a curve to the right whose radius is 1009.0 feet a distance of 120.81 feet to the point or place of BEGINNING. JOHN J. MUNZEL · ATTO,WNEYAT £AW · 548 ROANOKE AVENUE · RIVERHEAD, NEW YOqK 11901 Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 SOUTHOI. D, /.I., N.Y. 11=J'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO: Southold Town Planning Board FROM: Southold Town Board of Appeals DATE: September 10, 1984 SUBJECT: Hellenic Cabins (a/k/a John Giannaris, et al. ) As you may be aware, a public hearing was held by the Z.B.A. on July 26, 1984 concerning the variance for permission to use adjacent Village of Greenport property for additional parking for the restaurant/snack bar use. At that time, Mr. Kapell indicated he had an appointment to meet with the Planning Board July 30th concerning the amended site plan and changes in the ingress and egress. The public hearing was closed, and the comments of the Planning Board are requested to this board in order that the time period for a Z.B.A. decision does not expire. This matter will be deliberated upon for a decision Thursday, September 13th. May we have your comments before then. KAPELL REAL ESTATE, INC. 400 Front Street Greenport, New York 11944 516-477-9403 REAL ESTATE ENTERPRISES CONSULTING SERVICES Hr. Gerard P. Goehringer Cahirman Sountold Town Board of Appeals Hain Road SouChold, N.Y. 11971 August 17, 1984 Dear Gerry: I enclose, herewith, 4 copies of a revised site plan for the parking lot at the Hellenic Snack Bar property in East Marion. These revisions are a result of the conference which we had with the Planning Board on July 30, 1984. erely, Page 3 Legal Noti~ Public Hearings for~'L~uly 26, 1984. Copies of the Legal Notice to the following 7/16/84: Mrs. Loretta DiMaggio, Southold EQuities, Southold Charles R. Cuddy, Esq., Esseks, Hefter, Cuddy for Mr. John Simicich Abigail A. Wickham, Esq. for Joseph Wanat Philip J. Ofrias, Jr., Esq. for Henry J. Smith Mr. David Kapell for Giannaris and others Irving L. Price, Jr., Esq. for Vincent Griffo Mr. Nicholas Aliano, Cutchogue Mr. Thomas Higgins, Garden City Howard E. Pachman, Esq. for Truckenbrodt and others William W. Esseks, Esq. for Abbott and Swanson ZBA board members Town Clerk Bulletin Board Suffolk Times, Inc. for publication July 19th L.I. Traveler-Watchman, Inc." " " " Individual files for reference & Angel Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 1197] TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS July 9, I984 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S .E. Q. R.A. SERGE DOYEN, JR. ROBERT J. OOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWlCKI Notice of Determination of Non-Significance APPEAL NO.: 3260 PROJECT NAME: JOHN GIANNARIS~ et al. (Hellenic Cabins). 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: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance for accessory off-street parking facilities. LOCATION OF RROJECT: Town of Southold, County of Suffolk, more particularly known as: E/S "Hellenic. Ca~ins", Main Rd., East Marion, County Tax Map Parcel No. I000-35-2-I5.I. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The property in question is not located within 300 feet of tidal wetlands or other critical environmental ~re~. 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. ZONING BOARD OF APPEALS TOWN HALL MAIN ROAD-S.R.25 SOUTHOLD, N.Y. 11971 COUNTY OF SUFFOLK STATE OF NEW YORK NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Provi. siGns of the Amended Code of the Town of S~uthold, the following matters will be held for Public He~ring~ by the Southold Town Board of Ap- pea~ to be held on THURS- DAYt JULY 26~ 1984 c0m- m~uc~ag at ?:301~m., at the Southold Town Hall, Main Road, Southold, N.Y. and as follGws: 7:35 p.m. Application of ..SOUTHOLD EQU1TIESt INC, 195 Youngs Avenue, Southold, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for approval of insuff~cient area of two pro- posed lots which contain exist- lng buildings, the northerly lot having frontage along Traveler St~et, and the southerly lot having frontage along Main Road, in the Hamlet of South. old; County Tax Map Parcel No. 1000-061.1.15.1 (15). 7:40 p.m. Application of JOHN SIMICICH, by Charles 'R. Cuddy, Esq., 108 East Main Street, Riverbeed, NY for a Variances to (a) the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of parcel in this pro- posed two-lot subdivision. (b) Now York Town Law, Section 280-A for approval of access over a private right-of-way known as "Camp Mineola Road" extending northerly from Kraus Road. Location of Prope~: West Side of Camp 'Mineola ~Read~ ? '_,:Mattituck; 1000-122-05-3.3. 7:45 p.m. Application of JOSEPH A. WANAT, by A.A. Wickham, Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Ar- ticle III, Section 100-31, Bulk Schedule, for approval of insufficient width of parcel to be set-off located on a private right-of.way at the north side of Bergen Avenue, Mattituck; County Tax Map Parcel No. 1000-112-01-016. 7:50 p.m. Recessed Hear- in.g: HENRY P. SMITH. Var- lance for approval of two parcels with insufficient area and width in this B-1 Business Zoning District, West Side of Peconic Lane, Peconic, 1000. 74-5-2 and 3 (9.2). 7:55 p.m. Application of OHN GIANNARIS AND~ THERS~ by D. Kapell, 400[ Front Street, Greenport, NY~ for a Variance to the Zoning Ordinance, Article XI, Section I00-112(H) for permission to use adjacent easterly premises ~of the Village of Greenport of .765 acreage for parking aeces~ )sery to the snack bar use~ existing on the parcel present. ly owned by the applicants also located at the north side of Main Road, East Marion; County Tax Map Parcel No. 1000-35-2.14 and No. 1000-35. 2-15.1; see Site Plan revised ~ 5/4/84 und 5/30/84. 8:00 p.m~ Application of VINCENT GRIFFO~ by I.L. Price, Esq.. 828 Front Street, Grecnport, NY for a Vnriance to the Zoning Ordinance, Article IH, Section 100-32 for permission to construct tennis court and pavillion~ both cassory to a proposed one- family dwelling and both cessery buildings to be located in an area other than the required rearyard, at premises known as 3765 Robinson Road (West Side of Bridge or Briar Lane), Paradise Point Sub- division Lot 12 and part of parcel known as County Tax Map 1000-81-1.16.1 8:05 p.m. Application of NICHOLAS ALIANO~ 3800 Duck Pond Road, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article VI, Section 100-60 (B)[1]Co), Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in, Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ......................... ./.. ........... weeks successively, commencing on the .............. ...~..7...~. ............ day f .............. ' ........................ , 19 ........ ............................... Sworn to before me this -~' ~ ................................ day of ................ ............... , Notary Public BARBARA FORBES Notary Public, St~t~ of ~Xe.v York No. 48V6846 Qualified in Suffolk C~unty Commission Expires March ;;,,, 19 ~g LoOM Notices :' .. _~ (b) NeW YorkTown Law, ~:tion ~O-A for al~p~ovfil of /. parking neeessory to the ~U~NOT~Ci~ : ~ pmsenuy, owned by the G~N, p~t ~ ~on ~Y~"~P~ a~ ~ ~a~ at ~ ~ ~ ~ To~ ~ ~d ~Y ~ad" ~en~g no~erlx- ~onl C~ Ta~ Map ~visio~'~ ~ ~end~ ~~d. ~ ~No.l~14~No. 8:10 p.m. Application ~ ~ ~ ~ ~ ~ ' ~: ~ ~'~'.~'~ 1~2-15 I; s~ Site Plan ~HOM~ HIGGINS, A · ~ m '~ppllea~o~ et . ~tl n p~ ~ ~ ~la ~ ' ' P' · " ' ' ~ ~URSDAY. JULY ~. 1~ J~W~AT,~A.~ ' · ~ ~c~ at ~.~ p.m., at Wt~, ~ ~ R~d~ to ~e ~m~ O~ian~: ~eHmg SOUTHOLD EQUITIES, ~ ~c~~ ~ ~, f~--~ell~*~ "~ INC., 1~ Y~s Av~ue, ~~a~va~ a~O~ '~n~*' ~' ~ ~Id;~ · , . - ~- · . . __ ~ -~.~:.- --~ . . of ~o pro~ lo~ w~ch 7.~ ~ p.m. . Ree~s~ Bndee er BNa- T.,~ HearSt: ~TH~ ~~,~ -' ~L~YP' ~- Pa~tse Peat Su~v~'[- no~ly ld ~ f~n~ v~a~ ~r~ ~ ~o ~ ~ and ~rt of ~rc~ a~!~.a~: ~~Pi~L~ ho~ as County Tax Map ~tneriy l~ ~ t~nmge ~ ~.~ ~' ~ 1~1-1-16.I. , .- . ~rty along Main R~o, in the ~.s~,c,,--~o~ue~ - 8:~ p.m. ApplicaUon of J.T. Swans6n, Privat~R~d Hamlet of Southold; County P~ome ~ne, P~omc. 1~ NICHOLAS ALIANO. ~ No. 7 -(a/~a Di~e~ck~ T~ Ma~ P~ No. 1~1- 7~2 ~ 3 (9.2). . ~ck Pond ~d, ~t~h~, .~d), ~t; 1~1~. 1-15.1 (15). 7:40 p.m. Application of JOHN SIMICICH. by Charles R. Cuddy, Esq., 108 East Main Street, Riverhead, NY for Variances to (a) the Zoning Ordinance, Article HI, Section 100-31, Bulk Schedule, for approval of insuffietant area and width of parcel in this / 7:55 p.m. Application of JOHN GIANNARIS AND OTHERS, by D. Kapetl, 400 Front Street, Greenport, NY for a Variance to the Zoning 10/P112(H) for permission to use adjacent easterly / premises of the Village of-/ Greenpor~ of .~ acreage for / NY for a Special Exception to the Zoning Ordinance, Article VI, Section 100-60(B)[l](b), Article V, Section 100-~(B) [4], for permission to establish and build four two-stor~ motel btlildings coniaii~ 10 motel units for transient use, and an area on this 5.Til-acre located on the South Side of" Main Road, Greenpert, NY. Zoning District: B-Light. Business, County Tax Map. Parcel No. 100~1~01-00~. 1 : Thee desiring to be heard may do so in person, in writing, or by attorne~ or other representative. For additional information, plebe contact our office, 765-1809 (or 1802L Dated: July 3,1984. BY ORDER OF THE SOUTHOLD TOWN STATE OFNEWYORK ) '/ ) SS: 'i DUNTYOFSUFFOLK ) ''' ~USAN W. ALLAN of Greenport, in ..id County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York. and that the Notice of which the annexed is a printed copy. has been regularly published in said Newspaper once each week for one weeks successively, commencing on the 19th dayof July 1984 Principal Clerk Sworn to before me this 19th dayof July 19 84 JUDITH T. TERRY TOWN CLERK REGIS FRAR O[: VITAL SI ,\11SI ICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 18, 1984 Town Hall, 53095 Main Road P.O. Box 728 $outhold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry~ Southold Town Clerk Transmitted herewith Ks Zoning Appeal No. 3260 application of Kapell Real Estate~ Inc. a/c John G~nnar£s & Others for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey. w Judith T. Terry ~ Southold Town Clel'k RECLqVED JUN 1 8 1984 TOWN OF SOUTHOLD, NEW YORK API~It.C~[i~ISION OF BUILDING INSPECTOR THE ZONING' BOARD OF APPEALs, TOWN OF SOUTHOLD, N. Y. ' John Giannaris & Ors. Name of Appellant - Street and Number Municipality ......... .N..:~.: ........... HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: 6/11/84 FOR: Permission to build a parking lot WHEREBY THE BUILDING INSPECTOR DENIED TO John Giannar is David g. Kapell, as agent Name of Applicant for permit of 400 Front Street ....................................................... g.~.~.~R.~.~.,..;~., X.,.... k1~.4.4 .............................. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY x) pERMIT TO BUILD -1!-~: .LOCATION OF THE PROPERTY ...I~¢.~..~.9.R4.~..,~.a-~.~....H~'...r..i..°..n...; ................. ~.-..~.~.c.%.l.urR.1- .Ees idential u ~. ,..~ ,~: , Street and Hamlet - . ._.:. Zone D~;~Ct~.C.. ~0.,.. S~.t....~35 ,.. ~Lock..02 ,..got;..0]:~' ...... Incb~or~ted' Village 'of Oreenport Mep No. Lot No. DATE PURCHASED: .Z/~../.~8. . . · 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article XI , Section 100-112(H) Sub- 3. TYPE OF APPEAL Appeal is made herewith for (X) 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 ~" SuSsection 3 Art 16 Sec. 280A 4. PREVIOUS APPEAL A previous appeal I?a~) (has not)been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal waS ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ) X) ) REASON FOR APPEAL A Voriance to Section 280A Subsection 3 A Variance to. the Zgning Ordinance ~s requested for the reason that we would like to build a parking lo~ for.58 ca~s on property which has been leased from the Village of Greenport for this purpose. The subject premises are zoned A-Agricultural-Residential and Article XI, Sect. 100-112(H) allows for this use only with Approval from the Zoning Board of Apppeals. Fo~n ZB~ ' ' (Continue on other side)' ' REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sar~ARDSHIP'because ~h~ applicant, John Giannaris & Ors., . the owners of the adjacent parcel to the east of the subject premises which is known as the Hellenic Cabins and Snack Bar, plan to enlarge their restaurant and sufficient area does not exist on the Hellenic.property to safely accomodat~ the. parking. Becces~ary for the proposed expansion and to accomodate their existing clientele. 2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate vicinity of this property and in this use district because a hazardous condition currently exists :,:-.-a~,~the site-due to a curve in, the State Highway at this location and the parking that currently takes place on both shoulders of the highway by customers of the Hel.len3%~:. ~,9~ack. Ba~, THis condition will be exacerbated by the proposed expansion 3. The Var ce would observe the spirit of the Ordinance and wOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the use will be in harmony with and promote the general purposes of the Zoning Ordinance and the use will not prevent th~ orderly and reasonable use of adjacent properties andthe safety, health, wel- fare, comfort and convenience and order of the Town will not be adversely .. fected:~by the proposed use and its location. The character of the District is s~milar to the applicant's proposed use. STATE OF NEW YORK ) COUNTy OF Suffolk ). c .... 12th, .. day oft .1June ...................... ~1984 ~ --~ ~i Sworn"to mis-. ........ .,..~ ..................... ~ ..... , - · .... .' BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or' the Petition of : John Giannaris & Ors. ~)~¥id E. ~aoell. as a~e~{t ~ ' : to the Board.of. Appeals of the Town-of Southold : TO: Ployd F. Kin/, Jr. - Islands End Golf & Country Club, Inc. ¥illage of Greenport Stanley Rutkowsk~ YOU ARE H~REBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER I 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of $outhold to request a (Variance) ( ' ' ~n6Xy,-~x~tXy~ to allow construction of a ~arkin~ lot &m th~ Aoi~tiaultutal-Residentlil llt~rrier. ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: North Side of Main Rnad: Rant' Mnrinn; N.Y. nl~o identified ~n t'h, Suffolk County Tax Map as: District 1000, Section 035, Block 02, Lot 015.1. 3. That the property which is the subject of such Petition is located in the following zoning district: A-A~r icul tura 1-Re s ideut iai. 4. That by such Petition, the undersigned willrequestthefollowingrelief: permission to conntruat a parkin~ lot in the A-A~ricultural-Residential District sublect to Article XI. Sect. 100-112(H) of the Southold Town Zoning Ordinance. 5. That the prclvisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ' 7[I Section lO0-112(H) 6. lhat within five days from, the date here~f, a written Petition request~g the relief specified above will be filed in the Southold lown Clerk s Office at M~n Road. Southold, New ¥o~ and you m~y then and there examine the same during regular office hours. (516) 765-1809. - 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Bo,]r~ of Appeals; that a notice of ~Hfh hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in ~h~e Long Island Traveler-Mattitu~k Watch~an, newspai~i~fs'l~'t~'bli~hed i~ the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: June 12~ 1984 Pe~oner- John Gianna~s ~& O~s. - o' ~ David i. ~pell, as agent -_ Post Office Address 400 Front Street, Greenport, N,X, 119~4 / / NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Floyd F. King, Jr. ;.,Y. Orient, N.Y. Islands End Golf & Country Club, Inc. Village of Greenport Greenport, N.Y. L19~ 236 Third Street, Greengort, 11944 Stanley Rutkowski Pc310 634 099 EIPT FOR CERTIFIED MAll NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) SENT TO POSTAGE RESTRICTED OELi~/ERY TOTA~ POgTAGE AND FE~S STATE OF NEW YORK ) COUNTY OFSUFFOLK) 34-15 74 Street, Jack. soq Height. a, N.Y. 11372 'P-310 634 10"'1 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) POSTMARK OR DATE 310 634 102 :EIPT FOR CERTIFIED MAlt NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) ~STAGE CERTIFIED FEE SPECIAL DELIVERY RESIN CTED D~LIVERv SHOW TO WHOM DATE AN{] : OR DATE B]lv'~d~rEYtl[Mu1~'! Etleen M. [aoell .residing at 400 Front Street, ~reenport, N,Y, 11944 , being duly sworn, deposes and says that on the 1~) day of .,Tune ,19 ~4 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at-the United States Post Of- ficeat Oreenport, N,¥, 11944 (certified) (f~) mail. :~ L Sworn to before me this day of /Jhne__ , 19 8~ ~ y Public ; that said Notices were mailed to each of said persons by t PS Form 3800, Apr. 1976 - ..__ , DAVID E. KAPELL 400 Front Street Greenport, New York 11944 516-477-9403 REAL ESTATE ENTERPRISES CONSULTING SERVICES Ms. Linda Kowalski Zoning Board of Appeals Hain Road Southold, N.Y. 11971 June 13, 1984 Dear Linda: I enclose, herewith, an application for a variance on behalf of my clients, John Giannaris & Ors., owners of the Hellenic Cabins and Snack Bar:in East Marion. This application is for permission to build a parking lot on pro-. petty adjacent to the Hellenic property. As we discussed on Monday I am delivering the application in hopes of having a public hearing on the matter at the Board's July meeting. The ex- isting parking situation at the Hellenic property represents a serious traf- fic hazard which we believe will be completely eliminated by the proposed project. My client is anxious to begin work so as to eliminate this condi- tion. I thankyou in advance for your help in expediting this important mat- ter. E. Kapell gent HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jn GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 February 17, 1984 TELEPHONE 765- 1938 Mr. David E. Kapell 400 Front Street Greenport, NY 11944 Re: Hellenic Snack Bar East Marion Dear Mr. Kapell: Please let this confirm the action taken by the Southold Town Planning Board at the regular meeting of February 13, RESOLVED that the Southold Town Planning Board approve the site plan of Hellenic Snack Bar located at East Marion for the expansion of the Hellenic Snack Bar. If you have any questions, please contact our office. 1984. cc: Building Department Very truly yours, HENRY E. RAYNOR, JR. , CHAIRMAN SOUTHOBD TOWI~LANNING BOARD 'By Dia~M. Schultz~, Secretly -[he ;;.Y,$. E~vlronmentaI qualit, y i{eview /,ct l'e~i~J~r(~s sub- misston of thts ~orm, and ~n envlrom~er~L-~l ,*eview will be made by this bo, ] before any action is tak .. INSTRt~TICSS~. (a) In order to answer the questions in this short gAF is ia aasu~ed that the preparer will use currently available lnforr..ation concerning the project and the likely impacts of the action, It is not ex-p. ected that additional atudise~ raeearch Or other investigations w~li be undertaken, (b) If any Question has been answered Yes the project may be significant and ccmpleted Enviro~mental Assessment Form is necessary, (c) If all questions have been answered No it is likely that this project is net significant. (d) =_nvircr~ental Assess,mgnt 1. Will project result in ~ large physical to the project site or ~hysically alter more t.han 10 acres of land? , · · · · · , · · · Yea X No 2, Will there be a mmJor change to any unique or unusual land form found on the site? , · · .. Yes ~,,. Nc 3, Will project alter or have a large effect on an existing body of water? · , · · · · · · Yes X No &. Will project have a potentially large lmpac~ on gro,~dw~ter quality? , , , , , , , , , , . Yes X No ~. Will project significantly effect drainage flow on adjacent sites? . , . , , . . , , , Yes X No 6, Wi!l project affect any tkreatened or endangered plant Or an~J~al species? . · , · · · · , . . Yes--X No 7. Will pre3ect result in a major adverse effect on air quality? , , , ..... , , Yes X No 8, Will project have a =m Jot effect on visual char- acter of the co~munity or scenic views or ¥istae kno~n to bm important to the com.munity? , , , Yes .X. No 9. Will project adversely impact any site or struct- ure of historic, pre-histor!o~ or paleon~ological importance or any site decimated aea critical environmental area by a loca~ agency? , , . Yes----X No 10. Will project have a major effect on existing or 11. Will project result in major traffic problems or cause a major effect to existing transportation Yes . 12. Will project regularly cause objectionable OdOrs, noise, glare, vibration, or electrical disturb- ance an a result of the project's operation? · Yes .~. · No 13. Will protect have any impact on public health or safety? ' , o , o . . , , . o , , .-.- Yes X l&. Will project Affect the existing community by directly causing a ~rowth in permanent popula- tion of more than 5 percent ever a Chi--year period or have a major negative effect on the Yes X No ~5. ~ there p~b~ controvers~concern~ng the project? Yes X No PREP~ER'S S!G~IATL~E: x TI.L.. A~eng { .._PR ..... iTL.G, ohn giannaris & Ors. DATE: June 11; 1984 QUESTIONNAIRE TO BE COMPLETED AND FILED WITH APPLICATION TO THE Z.B.A. The New York State Tidal Wetlands and Use Regulations, 6 NYCRR, Part 661, requires an application to the N.Y.S. Department of Environmental Conservation, Environmental Analysis Unit, Building 40, $.U.N.Y., Stony [3rook, NY 11794, (tel. 516-751--7900), if you have checked Box #1 and/or Box #6 below. Plea';e either call their office or personally visit them at their Stony Brook office for instructions and application forms. Once you have received written notification of approva please provide our office with a copy (with the conditions) as early as possible in order that we may continue processing your Z.B.A. application. [ ] I. [ ] 2. Ix] 3. [ ] 4. [ ] 5, [ ] [ } 7. Waterfront without bulkheading Waterfront with bulkheading in good condition [ ] the full length of the property [ ] at least I00' in length Not located within 300' of waterfror~t or wetlands area May be located within 300' of waterfront or wetlands area; however, the following structure separates my property from this environmental area: [ ] 50' existing road [ ] existing structures [ ] bluff area more than I0' in elevation above mean sea level This proposed addition/expansion of an existing building will be more than 75' from the landward edge of tidal wetlands/waterfront areas. This proposed addition/expansion of an existing building will NOT be more than 75' from the landward edge of tidal wetlands/waterfront area. Please be aware that any and all subdivisions and new dwellings will also require an application to the N.Y.S. Department of Environmental Conservation for their review and approval. If you are able to provide them with recent photographs of the project and wetland areas, it would help expedite the processing of your applica- tion. This questionnaire is made to explain the requirements of this State t_aw and to prevent any unnecessary delays in processing your application(s). 10/831k O~ ~r 5 J P'LLgf'~ll k4(~, KONTOKOSTA ENGINEERS, &: ARCHI'TI 43 WEST 54,TH ~$'~REE"r NEW YORi( CJ'TY, NEW, 'YORK; ' 110019.