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HomeMy WebLinkAbout322267576 Main Rd. Gre&nport Action - ~~ Filed' 2/2~/84 _.CA. use premises as_s business office formsrine contracting, w/accy, use for storage & repair of oontrac~or'-s ow~--ve-hi'cles& equipment. Approved ........ #3~ Re~ief.£~ c~ndi~i°n~ 7 & 8.0f #3222_ ~FILED: 9/11/8~ Action - Amended condition ? & 8~ 11/29/8~ Southold Town Board of Appeals MAIN ROAD- .STATE ROAD 2.5 .5OUTHOLD. L.I.. N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 32£2 Application Dated February 24, ]984 TO: Abigail A. Wickham, Esq., as for JOHN WICKHAM AND OTHERS Main Road, Box 1424 Mattituck, NY 11952, attorney [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on June 28, ]984, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article VI, Section ]00-60 [ ] Request for Upon application for JOHN WICKHAM, by Wickham, Wickham and Bress- ler, P.C., Main Road, Mattitu~ Variance to the Zoning Ordinance, Article VI, Section 100-60 for permission to use premises as a business office for marine contracting, with accessory use for storage and repair of contractor's own vehicles and equipment, at 67576 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-052-05-58. By this appeal, appellants seek a variance from Article VI, Section 100-60 for permission to use this premises as a business office for a marine contractor, with accessory use for storage and repair of that contractor's own vehicles and own equipment. The premises in question is identified on the Suffolk County Tax Map as District 1000, Section 52, Block 5, Lot 58, and contains an acreage of 3.5472, with frontage along the Main State Road of 584~37 feet and along Albertson's Lane of 596.81 feet. This premises is located in the "B-Light" Business District and is vacant. By this application, the following improvements are proposed: (a) two 30' by 60' buildings (b) fencing around the perimeter of the area of the requested use, all of which are indicated on the survey amended February 22, 1984 with pencil sketch. All of the members of this board are familiar with the property in question as well as the surrounding neighborhood. Premises to the west, the east and the south (across the Main Road) are also zoned "B-Light" Business. Premises across the Main Road to the southwest are zoned "C-Light" Industrial and are used for building materials sales and storage. For the record, it is noted that some of the uses permitted in this zoning district are: (a) business, professional, govern- mental offices, (b) banks, (c) financial institutions, (d) retail stores, (e) restaurants, (f) retail bakeshops, (g) laundromats and similar establishments, (h) personal service stores/shops, (i) marinas for noncommercial boats, including sale of fuel and oil for those boats accommodated at same. It is the opinion of the board that the use requested for a marine contractor business office, with accessory storage and repair of DATED: July 10, 1984. Form ZB4 (rev. 12/81) (CONTINUED ON PAGE TWO)~ ~j CHAIRI~N,$OU~HOLD TO~'N/ ~ OF APPEALS Page 2 Appeal No. 3222 Ma,~ter of JOHN WICKHAM and others Decision Rendered June 28, 1984 that contractor's own vehicles and own equipment, would be compatible with the surrounding commercial zoning districts, and that the granting of this variance would not alter the essential character of the locality. Also, the board determines: (1) that the use under this decision would not prevent the orderly and reasonable use of adjacent proper- ties or property in adjacent use district; (2) that the safety, health, welfare, comfort, convenience and order of the town will not be adversely affected by the proposed use and its location; (3) that the interests of justice would be served by allowing the variance, as further indicated below. Accordingly, on motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3222, application for JOHN WICKHAM for permission to establish a marine contractor business office, with accessory storage and repair of that contractor's own vehicles and equipment, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the use permitted by this application shall not exceed the 65,000 sq. ft. of area as proposed and submitted on the sketch plan; 2. Fencing as proposed shall not exceed 6'6" in height in all areas except fencing in frontyard not exceed four feet in height; 3. Said fencing shall be of a type that will not allow visibility from the streets and other areas outside of the fenced area; 4. Any storage of flammable materials shall be for applicant/ contractor's sole use; 5. No retail sales of flammable materials is permitted; 6. Entrance and exit driveways shall have an unrestricted width of not less than 12 feet and not more than 30 feet, and shall be located not less than l0 feet from any property line, and shall be laid out as to avoid the necessity of any vehicle backing out across any public right-of-way; 7. Vehicle lifts or pits, vehicles, dismantled or otherwise, and all parts or supplies, shall be located within a building; 8. All service or repair of vehicles/equipment of the contractor shall be conducted in a building; 9. The storage of gasoline or flammable oils in bulk for contractor's own use shall be located fully underground and not less than 35 feet from any property line other than a street line; 10. No gasoline or fuel pumps(for contractor's use)shall be located less than 15 feet from any street or property line; ll. Additional or other construction requirements an applica- tion for consideration to both the Zoning Board of Appeals and the Planning Board, for site and parking approvals. 12. Approval of the site and parking plans Town Planning Board in accordance with Article VI, and Article XIII for this proposal; by the Southold Section 100-60, 13. Referral of this action to Commission in accordance with Sections County Charter. the Suffolk County Planning 1323, et seq. of the Suffolk Location of Property: North Side of Main Road, and West Side of Albertson's Lane, Greenport, NY; County Tax Map Parcel No. 1000- 52-5-58. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. Member Doyen of Fishers Island was absent. This resolution was adopted by unanimous vote. ~iC.F,.IVED AND FILED BY ";~' $OUTHOLD TOWN ~'~'~'71/~ ~/. To~ Clerk, To~ of ~uth~ NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, May 17, 1984, commencing at 7:30 p.m. and as follows: 7:35 p.m. Application of VINCENT GRIFFO, 280 Basin Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in an area other than the rear yard, at 280 Basin Road, Southold, NY; County Tax Map Parcel No. 1000-081-01-019. 7:40 p.m. Application of JAMES ANDERSON, 16 Waverly Place, New York, NY for a Variance to the Zoning Ordinance, Article Section lO0-118(D) for permission to reinstate nonconforming dwelling use of building in this 8-1 Business District, 300 Moore's Lane (a/k/a Linden Ave.), Cutchogue, NY; County Tax Map Parcel No. 1000-109-03-008.  7:45 p.m. Application JO~H~ WII_C~K~, by Wickham, Wickham~ for Bressler, P.C., Main Road, Mattituck, NY for a Variance to the ng Ordinance, Article VI, Section 100-60 for permission to use ises as a business office for marine contracting, with accessory for storage and repair of contractor's own vehicles and equipment,I 7576 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-052-05-058. 7:50 p.m. Application of JOSE V. RODRIGUEZ, Box 113, Fishers Island, NY for a Variance to the Zoning Ordinance, Article VII, Sections lO0-70(A) and lO0-71, for permission to construct dwelling in this B-1 Business District. Location of Property: West Side of Fox Lane, Fishers Island, NY; County Tax Map Parcel No. 1000-012-01- 001.002. 8:00 p.m. Application of JOSEPH FISCHETTI, Hobart Road, Southold, NY for a Variance to the Zoning Ordinance, Article V, Section lO0-50(C)[1] for permission to erect sign with less than four-foot clearance from ground, at 52800 C.R. 48, Southold~ NY; County Tax Map Parcel No. 1000-051-05-002. 8:05 p.m. Application of ROBIN E. CARR, 811 Roanoke Avenue, Riverhead, NY for a Variance to the Zoning Ordinance, Article II1, Section 100-32 for permission to construct inground swimmingpool in the sideyard area, at 315 Brown Street, Greenport, NY; County .Page. 2 - Legal Notice Hearings Southold Town Board of Appeals Regular Meeting of May 17, 1984 Tax Map Parcel No. 1000-048-03-042.3. 8:10 p.m. Application of ROBERT W. GILLISPIE, III, Box lll2, Southold, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-60(C) for permission to erect sign with insufficient setback from the front (street) property line, at North Side of Main Road, Southold, NY; County Tax Map Parcel No. 1000-061-02-07 and part of 05. 8:15 p.m. Application for GOLDSMITH & TUTHILL, INC. by R.F. Lark, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article IX, Section 100-93 for permission to construct office building with an insufficient frontyard setback, at 1515 Youngs Avenue, Southold, NY ("C-l" General Industrial Zone); County Tax Map Parcel No. 1000-60-1-6. 8:25 p.m. Application for GOLDSMITH & TUTHILL, INC. by R.F. Lark, Esq., Main Road, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article IX, Sections 100-90, 100-91, and Article VIII, Section lO0-80(B) for permission to construct office and storage building in this "C-l" General Industrial District, at 1515 Youngs Avenue, Southold, NY; County Tax Map Parcel No. 1000-60-1-6. 8:35 p.m. Application for GERTRUDE M. ALI by R.F. Lark, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct new dwelling which places accessory storage building in the frontyard area. Location of Property: South Side of East Road, Cutchogue, NY; County Tax Map Parcel No. 1000-110-07-018. 8:45 p.m. Application for KATHRINE FARR by S.S. Corwin, Esq., 634 First Street, Greenport, NY for a Variance to the Zoning Ordinance, Article VIII, Sections lO0-80(B) and 100-81, building for marina office in this "C-Light 1100 Manhanset Avenue, Greenport, NY; County 1000-034-05-021. for permission to construct Industrial" District, at Tax Map Parcel No. 8:55 p.m. Application for KATHRINE FARR by S.S. Corwin, Esq., First Street, Greenport, NY for a Special Exception to the Zoning Ordinance, Article VIII, Sections lO0-80(B) and 100-81 for permission to construct building for marina and brokerage office use in this "C-Light Industrial" District, at llO0 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. llO0 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-034-05-021. 9:00 p.m. Application of KEVIN AND LESLEY MILOWSKI, Box 134, Cutchogue, NY for a Variance to New York Town Law, Article 16, Section 280A, for approval of access over a private right-of-way at .Page. 3 - Legal Notice Hearings Southold Town Board of Appeals Regular Meeting of May 17, 1984 the west side of Cox Neck Road, Mattituck, NY; (now or formerly W. Chudiak); County Tax Map Parcel No. lO00-113-7-part of 12. 9:05 p.m. Application for BERTRAM AND MARGERY WALKER, by R.T. Haefeli, Esq., Box 757, Riverhead, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, for: (a) an inter- pretation that the existing cottage and garage are valid p~eexisting, nonconforming uses and structures; (b) approval of a wooden deck as an accessory structure in the sideyard; (d) approval of a reduc- tion of livable floor area of a proposed dwelling conversion to 500 sq. ft. and approval of insufficient sideyards. Premises located at Edgemere Park, MacDonald's Path off Peconic Bay Boulevard, Laurel; County Tax Map No. 1000-.145-4-014. Persons having an interest in any of the above matters may appear and be heard at the time and place specified above. For additional information~ please contact our office, 765-1809 (or 765-1802). Dated: May 4, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN NOTICE TO NEWSPAPERS: Please publish once, to wit: May 10, 1984 and forward 14 affidavits of publication to: Board of Appeals, Town Hall, Main Road, Southold, NY 11971; (516) 765-1809, on or before May 15, 1984. Copies to the following May 7, 1984: S.J. ?erricone for V. Griffo Mr. V. Griffo Mr. James R. Anderson A.A. Wickham, Esq. for John Wickham R.F. Lark, Esq. for J.V. Rod,'iguez for ~l~'~th & Tuthill for G.M. Ali Mr. Jose Rodriguez Mr. Joseph Fischetti Mr. Robin E. Carr Mr. Robert U. Gill]spie III S. S. Corwin, Esq. for Kathrine Farr Mrs. Kathrine Farr Mr. and Mrs. Kevin Milowski R.T. Haefeli, Esq. for Mr. and Mrs. B. Walker Mr. and Mrs. Bertram Walker L.I. Traveler-Watchman, Inc. Supervisor Suffolk Times, Inc. Town Board Planning Board Town Attorney Building Inspectors FORM r, Jo. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ House No. Street Subdivision ...... : .......... Filed Map No ..... ...-7z77.. .......Lot No. is returned herewith and disapproved on the following grounds .Z~.~'~.~t~--/!'~.~_---f.~... r_:_-,.~_...~.~,<...d..,-~.~,-.,-r,~.c~Tn .~._>....~,~,c~....:~ .?. ~,,.~,'n...,.~. .... .(:..... ./-.4cf,.,'.T.. Boildin 'g Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DEcIsION OF BUILDING INSPECTOR APPEAL NO. ~_~c~2~c:~- DATE ~,.,e.b.?..~.~7....2...~.:... 1984 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, }ObY~X .......... John...W±cKham .......................... of ....~..~.i..n....KQ.a...d. .................................................. Name of Appella.nt Street and Number Cutchogue New York ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED:2/17/84 FOR: permission to change permitted use of premises WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ......... M...r..:...J.o_hn...Wi.~kh~m ................................. Name of Applicant for permit of ..X..a..i...q .. ~ .o.a...d..,. ........................... c...u..t..c..b .o~ .u..e.., ........... .N..e...w... ! .o..r...k' .......................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ( ) PERMIT TO BUILD 1. LOCATION OF THE PROPERTY Street and Hamlet Zone John W'c ~ an~ ~99~.~9.~./.9~.~9~ .................................. OWNER(S): ....... ~.~ m .... P~P. Mop No. Lot No. DATE PURCHASED: .................... · 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) ArticleVI , Section 100-60 3. TYPE OF APPEAL Appeal is made herewith ~or (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 Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~'~) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 0~. ) A Variance to the Zoning Ordinance ( ) is requested for the reason that we would like to sell the premises to a party for use as a business office for a marine contractor, with accessory use for storage and repair of the contractor's own vehicles and equip- ment. Form lB1 (Continue on other side) REASON FOR APPEAL Continued ]. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because applicants have been unable to sell the property for many years and have therefore been unable to obtain a reasonable return on their investment. They have finally obtained an offer from a marine contractor who requires a location to house and repair his vehicles and equipment. Since the property is not on the water, the actual marine contracting business would not be engaged in upon the premises, but would serve merely as a smmll business office, which is permitted in B-zone, with an accessory use solely for owner's vehicle and equip- ment storage and repair. Therefore, the additional hardship is that the proposed use is not considerably different from or offensive to permitted B uses, but is prohibited by the literal provisions of the Code. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because this is a parcel on the main highway opposite lower uses. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the property immediately across the street is C-zoned and B zoned. Moreover, since this is a large parcel and contains considerable vegetation and trees, the ir~rovements and equip- ment can be shielded from neighboring properties; a natural fringe can be left as a buffer. Since this is a triangular parcel with two sides on the road, only one side abuts other property. Finally, the proposed use is not offensive or incompatible to permitted uses for the reasons stated above. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK) SS Sworn to this .....2.4~. ............................... day of.....F~br.uar, y ................................ 19 84 Notary Public ~ M. ~ ~~¥~ ~,ea~l~i~ r=~l~ ~,~ 3o, l~<x~, COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 Town of Southold Board of Appeals Applicant: John Wickham Mun. File No.: #3222 S.C.P.D. File No.: SD-84-17 November 1, 1984 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 Coumty 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 appropriate screening to adequately protect adjoining/nearby lands in the "A" Agricultural & Residential District. GGN:jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner 11788 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, I_.1., N,Y. 119'71 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: Variance from the Zoning Code, Article VI , Section 100-60 Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section Special Permit Appeal No.: 3222 Applicant: JOI{N WICEI4JL~ Location of Affected Land: 6?5?6 Main Rd.: Greenport, NY County Tax Map Item No.: 1000- 052-05-058 Within 500 feet of: __ Town or Village Boundary Line __ Body of Water (Bay, Sound or Estuary) xx~ 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. COMMENTS: Applicant is requesting permission to use pr0mises as a business office for marine contracting, w~th accT. use for sto~a~e and repair of contractor's o%m vehicles & equip. ~u~lic Hearin~ MaI 17: 198~. (Conditional. approval 6/28/84 attached.). Copies of Town file and related documents enclosed herewith for your review. Dated: Sept. 7, 198~ '~i~]iK. ~(.~--~ Temp ~ecretary, Board of ~ppeals APPEALS BC~RD MEMBEFm GERARD P. GOEHRINGE~,CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 September 6, 1984 Mr. John Wickham Main Road Cutchogue, NY 11935 Re: Appeal No. 3222 Dear Mr. Wickham: After having recently received a legal opinion concerning Conditions 7 and 8 of the June 28, 1984 decision discussed at our August 24th conference, I have been advised that no action may be taken by the Z.B.A. without a re-application and re-hearing. It is recommended, however, that if a re-application is sought, that you re-apply to the building inspector for his direction. We are sorry that there is no easier way to assist in this matter. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 July lO, 1984 Abigail A. Wickham, Esq. Main Road, Box 1424 Mattituck, NY 11952 Re: Appeal No. 3222 - John Wickham and others Dear ~r 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 ~ applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802 Yours very truly, Enclosure Copy of Decision to Building Department Planning Board' Suffolk County Planning GERARD P. GOEHRINGER CHAIRMAN , ~y',.~naa F. Kowalski Secretary Commission Southold Town Board of Appeals -5- May 17, 1984 Regular Meeting (Appea~ No. 3239 - JA~ES'~ND~RsoN, continued:)~ MR. ANDERSON: Ok. Thank you. MR. CHAIRMAN: Is there anybody else that would like to speak on this application? Against? Questions from board members? (None) Hearing no. further comments, I~l! make a motion closing the hearing and reserving decision pending deliberations. MEMBER GRIGONIS: Second. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, t~ cl6§~'~e'h~ari~g and~r~§e~e decision"pending deliberations in ~a-~-{e~ of JAMES A'~DERSON, Appeal No. 3-~-~-~-~. Vote o~ the Board: Ayes: M~ssrs. Goehringe~ D~yen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote of ~ll the members of the board... PUBLIC HEARING: Appeal No. 3222: JOHN WICKHAM, by Wickham, Wickham and Bressler, P.C., Main Road, Matti%uck, NY fQr a Variance to Article VI, Sectiop 100-60 to use premises as a business office for marine contracting, ~ith accessory use for storage and repair of contractor's.own vehicles and equipment,.at 67576. Main Road, Greenport, NY; County Tax Map Parcel]No.,lO00-052-05~058. The Chairman opened the hea~ing ~t 7:4~ p.m. ~nd'reaU the legal notice of this hearing in its entirety and appeal application. MR. CHAIRMAN: I have a copy of a survey ~re~areU'by Roderick VanTuyl, P.C. on October 21, 19.73 ~ndicating ~he. pencilled-in areas and approximate loca~iops of where the equipment would be stored, a building of ~pproximate]y 30' by 60' and parking spaces, parking lot, and so on ~Dd so for%h. And. I have a copy of the Suffolk County Tax Map indicating this and surroundi.ng, properties in the area. Would you like to be heard in behalf of this application, Miss. Wickha~? ABIGAIL WICKHAM, ESQ.: Thank you. I would j~st like to briefly start by saying that this ~pplication.is being made on the b~sis of a hardship primarily tha~ the property has been unproductive and a dra~n, on resources for a number of years and has not been able to be sold. The buyer currently interested in the property is the first bonafide offer that's been available probably in.about 15 years, and he is here tonight, Mr. Melrose, to answer any questiops you may have. I've already given ~he board a fairly~extensive description. I won'~ repeat tha. t if we Southold Town Board Appeals -6- May 17, 84 Regular Meeting (Appeal No. 3222 JOHN WICKHAM, continue~:) MISS WICKHAM: could have that stand in the record, but if you do have any questions we can answer them. Also, I've asked John Wickham to come~ He owns a minor portion of the property which ~s owned by five different people now, and I'd like him to discuss the exac~ nature of the hardship. Before I have him come up, I do just want to mention that the proposed use is not something that would be out of character with the types of uses in the area. The main point is that the vehicle that would be here would be the owner's.own vehicles. They would not be for public repair or ingress and egress by the publiC in general. A B-1 zone allows a public garage. Certainly this. is a much less offensive use than that type of zoning would allow. And I don't, think it's going to inhinge at all on the values of the neighboring properties. John? JOHN WICKHAM: John Wickham; I'm a l~ce~sed real estate broker. I've also been engaged in zoning and planning for almost 30 years, 28 to be exact, and am curren'tly on the L,I. Regional Planning Board. ! mention this because %his vehicle, a variance with special exception by the Board of Appeals is one which the Planning Board in. previous years has recommended to developers and builders as a means of controlling the use. If it is ~own- zoned, than any use in the lower zone can be hazardous as a matter of right. If i~ is a Specia) Exception, then only those exceptions a~lowed by Zoning Board of Appeals can be used. You have really rigid control. This praticu~ar case I feel that screening is one of the impor%ant things, and in this regard, the adjacent property owners, Cassidy, came to me--I didn't g~ to them--and they said, "We understand that this is going to come before the board and we want you to know that we do not oppose it so long as there is screening." To get to the point a~ far as this case is concerned, this was part of my grandfather's estate. My grandfather was an attorney,.rather interesting, he was district attorney for four different terms. He did in 1881 without leaving a will, and this estate has really never been settled. It. was divided by the courts at that %ime, and it hasn't been settled; a~d as long as it could be farmed and the Rempe's-across the road on the o~her side rented ~t for agricultural land for a good many years-but when they could no longer farm it; of course, they have since sold it; it became a hardship. There are Gail said five owners, and we have had absolutely no income on it for the past several years. About 15 or more years ago, we were holding it for $70,000. We had no takers at all. At that time, Bill Wickham, who was then one of the owners, suggested that we change the back part to '~B" so the ~entire parcel would be "B." Previously it had ~nly'300' depth. Which was done and still no takers, and we have had. in all the years since, we have had no real ~nquiries. We had good bites, but no real inquiry. I hate to Southold Town Boar~of Appeals -7- May 17, (Appeai No. 3222 - JOHN WICKHAM, continuedi) MR. WI~KHAM, continued:" Regular Meeting think of what would happen if a few of us were to meet our demise at this time because, two of us are well past 70 and it would be even more entangled. And it seems to me that lO0+ years to settle an estate is about all one could ask. And we would really appreciate serious consideration by your board. I would be glad. to answer any questions. MISS WICKHAM: I wonder if I could direct a couple of questions to you. MR. WICKHAM: Certainly. MISS WICKHAM: You sta~d that about 15 years the property had been offered for about $70,000. And I believe in abou. t 1974 .~t was rezoned for business for the entire piece, Was the same, price conti~nued since it wa~ in that zone?. MR. WICKHAM: I can't tell you exactly, Gall, but very soon thereafter we put the price %p $75,000 MISS WICKHAM: And is it currently'listed at that price? MR. WICKHAM: No. It is currentiy iisted at $100,~00. It was in my opinion 'as a real estate broker a.very, very reasonable price. In v~ew. of the fact that we just sold a piece of~property that.was in my wife's name in Cutchogue which was~,only two acres for $75,000. MISS WICKHAM: So you feel the price of $70,000 during the period of about'1969 or 1970 until ~t was raised some time in the last. '70s was reasonable for a 3½-acre parcel of property? 'MR. WICKHAM: Yes. Wi~h '3~ acres, and a good many h~ndred feet of highway frontage, this is, or at least part of it Qn Route 25. M~SS wICKHAM:' Now the current offer t'~at we have now, can you tell us what the price of that is? MR. WICKHAM: Well, '~t was based on $100,000. Actually, Mr. and Mrs. Melrose, Sr, have been friends of ours,~friends,~f a lot of people'in Southold Town for many, many,years, 'and as usual in thi~ sort of a deal,you simply take off the commission. There will be no commission paid OD a straight deal for actually $90,000 in this case. MISS WICKHAM: Is that the contingent arrangement? MR. WICKHAM: Gail, I can't tell you. I think it is, don't ~ign the papers., but I 'Southold Town Boar~f Appeals (Appeal No. 3222 - JOHN ~CK~AM, -8- May 17 Regular Meeting continued:) MISS WICKHAM: You mention that the property has been unproductive and isn't currently having any income since the. Rempes left farming. MR. WICKHAM: We had one othe'r piece of income and this again bears out the point that it was lis~ed with the real estate brokers. The Wetmore Agency had an office on that property for some years which went pretty.well towards paying the. taxes,.but when they that office, off, we have had no income at all. MISS WICKHAM: I would just like to confirm that the one offer that is now before us that has been the first in 15 years since the property has been on the market is contingent upon getting the variance. They cannot use the property without, it. So the hard- ship is ~hat unless this property is s. pld according to this deal, we will be unable to settle the .estate and distribute the property that has been going on since 1881. I'd also just like to give the board copies of ta~ bills. I. went back as far as 1979, '80. At that tim~ the ~axes were about $600 a year. They are now $800 or $900 a year, and that has been the .constant outflow in addition to the survey and filing expenses for the rezoning and there has been very little incpme~to offset that leaving the property totally unproductive. MR. CHAIRMAN: Thank you. MISS WICKHAM: If the board has any questions, we'll be glad to try and answer' them. MR. CHAIRMAN: Is there any reason why the area on Albertson's Lane was selected as opposed to the Main Road frontage? . MISS WI~KHAM: Weli, first of all, I'll let Mr. Melrose see if he has anything to ad~, .Well that location ~n the rear is probably the least obstrusive location in the property. It would also I suppose at some future %ime leave the frOntage but that would have to be subject~lto a further application. MR. CHAIRMAN: Are you asking for a variance to use this particular entire piece of property or just that area slated? MISS WICKHAM~ ~t would be the property ~ut you had asked for a site plan and this is on that property is ~he actual operation of the business that would occur.. MR. CHAIRMAN: So then you wouldn't have any objection that if there was futare use or any future expansion that a restriction be placed on it that they would have to come back to conform to another application? ' ' Southold Town Boa f Appeals -9-~ May 984 Regular Meeting (Appeal No. 3222 - JOHN WICKHAM, continuedi) ''MI~S WICKHAM: In terms of something other than a "B" Zone? MR. CHAIRMAN: Right. Or an expansion of the original, of this original application? MIS~ WICKHAM: I think he understands that. I'll agree to that condition then. (Mr. Melrose Sr. was present.) MR. CHAIRMAN: The other questionstwill be of Mr. Melrose concerning fences and such. Thank you. MISS WICKHAM: Ok. BOB MELROSE, SR.: My name is Bob Melrose, and I'm a Vice President of Melrose Marine Service Corporation. 'We!velbeen in business since 1968, and we do marine construction work, docks, bulkheads, marine railways and underwater structures. We operate along the North Shore of Long Island, essentially College Point, to Greenport. My son, James Melrose is President and Owner of the company and .I work for him. We both live in Greenport, and we would like. to. set up a site here where we could establish, a business office and have space to do maintenance and repair work on our land-based equipment. We currently.rent space at Jacobson's (?) Shipyard in Oyster Bay where our floating equipment is ~ocated. But we have very l~ttle land scape there, and we have no facilities for doing maintenance work. And this is what's holding us back right ,now. So.we would like you to consider the change in zoning to permit us to use the property in this way. If you have any further questions, I'll be glad to try.and answer.them. MR. CHAIRMAN: The building you are going to use as an office--you have two buildings here slated. 30' by 601. Would one of those build- ings be an accessory building and the other an .pffice? . MR. MELROSE: W~ll, ther~'ll be an office in' ~hat first 30' by 60' building and eventually we would plan to build another 30' by 60' building. MR.'~HAIRMAN: For the purpose of storage? MR. MELROSE: For the purpose of'storag~ and inside space where we can work on equipment. MR. CHAIRMAN: Ann what kind of fencing would you be entertaining, stockade type or-- MR. MELROSE: Well we were thinking of to keep people, especially kids out of th.~ a habit ~f.~hrowing rock~.through windows. terms of anchor-post fencing property because they have Southold Town Board of Appeals -9-~ May 17, 1984 Regular Meeting (Appeai No. 3222 - JOHN WICK~AM, continued:) 'MR. CHAIRMAN: I don't know, you know, what type--if that would suffice to completely obstruct whatever view might occur here con- cerning the stacking.of the types of materials that you've enter- taining. What types of materials would you be placing within this area? MR. MELROSE: I would say at this time that we're not considering the storage of any significant amount of materials. It's mainly the. equipment--in.fact we store very little material now in our operations. We have the material brought in.to the job, and we maintain a very small inyentory. The only materials we buy are things we need for overhauling and repairing.our equipment. MR.'CHAIRMAN: In going bac~ b~iefly to the fencing, Mr. Melrose. I have no basic objection. I don't know how the board, feels about a chainlink fence. ! just that, however, there may be something in the decision if the board so sees to grant this particular application that some sort. of stop gap measure, that if one person, an adjoining property, was upset with what they were looking at, then you might have to slat this fence to make it in some way a little more aesthetically oriented. MR.MELROSE: Actually, on this par~icul.ar property, one of the th~ngs that has attracted us to it is the. fact that there are a lot of tKees growing up on this property, and what'we would propose to do is to leave as many of the small trees there as possible, add within a very short t~me they are going to surround the area ~hat we intend to use. And that's one of She things we liked about this piece of property. And I can assure you that it's our plans to make this an attractive place. MR. CHAIRMAN. The only other thing that I, in drawing up any type of findings, We would have a little difficulty in stating the actual dimensions. Somewhere within the next two or three weeks, I don't know if you were sitting here WHEN I was talking to the prior appli- cants, because we will not entertain this for at leas~ two or three weeks because of the lengthy meeting tonight--could you just give us some idea of area tha~ you'~e talking about here,.in~reference to square footage? MR. MELROSE: I have a drawing that I made myself that shows the dimensions.and I can leave a copy of that. MR. CHAIRMAN: Oh, that would be good. I just want to know if we're talking about-- You're going to send us something? I'm just looking for an approximate area. MR. MELROSE: It would be approximately one acre. MR. CHAIRMAN: That you're Jntertaining? One last relation to the fences. ~Are you entertaining anything question in over 6'6"? Southold Town Boar~of Appeals -10- May 17,~1984 Regular Meeting (Appeal No. 3222 JOHN WICKHAM,'continue~:) MR. MELROSE: No. We're up to keep small children or and it would have a gate on mainly interested in putting the fence people from coming in on the property, it add be closed off. MR. CHAIRMAN: SO you wouldn't be going over 6'6"? MR. MELROSE: I don't see a reason to, no. MR. CHAIRMAN: Thank you very much. You've been very helpful. Is there anybody else that would, like to speak in behalf.of this application? Anybody like to speak against the application? Ques- tions from board.members? (None) Hearing no further questions, I'll make a motion closing the hearing an~ reserving decision until later. On motion by Mr. Goehringer, seconded by Mr. it was RESOLVED, to close the hearin9 and reserve decision until later, pending deliberations in the. Matter of Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. Th~s resolution was adopted by unanimous vote of all the members. PUBLIC HEARING: Appeal No. 3225: JOSE V. RODRIEGUEZ, Box ll3, Fishers Island, NY for a Variance to construct dwelling in this B-1 General Business District at the West Side of Fox Lane, Fishers Island, NY; 1000-012-01-001.002. The C~airman opened the hea~ing at 8:08 p.m. and read the legal notice of this hearing in its entirety and appeal application. MR. ~HAIRMAN: I have a copy of a survey, last date appears to be revised 2/28/80, and a copy.of ~ Suffolk County'Tax Map indicat- ing this and surrounding properties in.the area, and a picture indicating the existing building. Mr. Lark, would you like to be heard in behalf of this application? RICHARD F. LARK, ESQ.: I thank you, Mr. Goehringer. I'm not sure that the board is aware of the history of this. The property as well as the surrounding property as you.read in the application is zoned "B-l." Back in 1980 the FIDCO, the prior owner,.decided to get rid of some of their holdin9s over on the Island. There was a need for, what Mr. Rodrieguez runs is an-upholstery business--so originally he had been there with a very small building.and they decided to sell him what was at that time really a postage stamp piece of property. But the Planning Board is splitting that off AT k I I I I I 1 ' t W~ LL~AM WICKHAM ERIC J. BRESSLER WICKHAM, WICKHAM & BRESSLER, p.e. MA~N ROAD, P.O. BOX 1424 MATTITUCK LONG ISLAND NEW YORK 11952 516-298-8353 May 21, 1984 Southold Town Board of Appeals Town Hall - Main Road Southold, NY 11971 Re: Application of John Wickham for Variance; Main Rd., Greenport Appeal No. 3222 Gentlemen: The actual area to be used for the purposes stated at the hearing on the use variance is approximately ~ square feet. This area is roughly shown on the site plan submitted to you and is located in the north- west corner of the property. There would be a frontage of about ~ feet on Albertson's Lane, with a depth of up to ~ feet at the east line. Very~ truly ~vours, AAW:emu WICKHAM, WICKHAM & BRESSLER, p.c. MAIN ROAD, P.O. BOX 1424 March 15, 1984 Southold Town Board of Appeals Town Hall -MainRoad Southold, NY 11971 Re: Application of John Wickham A~al #3222; Main Rd., Greenport Gentl~nen: In response to your request for a stat6~ent regarding the activities and uses on the parcel, the prospective purchaser is engaged in marine construction and needs a shore facility to maintain and store its land-based equilanent. This consists of trucks, diesel engines, a crane, c~t%>£essors, pumps, and related equila~ent. The collEk3~y has a business location on the water sc~e distance away where its principal bus/ness is conducted. However, the owner would like a shore facility closer to his residence so he can store and work on the land-based ~lli~ment without traveling so far. The plan is to initially erect one 30' x 60' building for storaqe Q~ t,h~ Vehicles and ecn~Hnn~nt, and tcnls, n~r%s and -,~olcl'ina eouirx~ent and to nrevide space for overhaul work. There will also be a screened ~n~t-in area outside of the bui ltl(hq fnr ~nrsoP of ~_cnHnn~nt awaiting overhaul or equilm~nt not currently being used. Room outside the building but inside the fence will also be provided for occasional ,storaqe of one or more trucks and a cran~_. All vehicles and equila~ent will ~]nno to the QwDer. Repair and storaqe of other's vehicles and ~qui~nent will not occur. ' The buildin~ will also contain a small office for the company. An additional 30' x 60' building is planned for future expansion if necessary. Since the property consists of three and one-half acres and is fairly level, adequate roc~ for parking, setbacks and other site plan requir~nts is available. In s~n~ary, the use will consist of repair and storage of vehicles and equiExnent end a small office. It will not extend to repair of, boats{ which will be left at the waterfront location. I had planned to present an explanation of the proposed use at the hearing, and the purchaser will be there to answer any of your questions which are not covered by the testimony. I understand that Planning Board approval of the site plan will be required, but I do not understand how the Planning Board can review the site plan unless the Board of Appeals has granted a use variance. In the absence of such a variance, the Planning Board would be reviewing a Southold Town Board of Appeals Page 2 March 15, 1984 site plan for a use which is not currently peI~itted on the property. I w~uld therefore request that you schedule the matter for the variance hearing with the understanding that if it is granted, it will be subject to site plan approval and such other conditions as the Board may i~se. Very truly yours, Ab~ail A. Wickham Southold Town Board of'Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI March 7, 1984 Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, Main Road, Box 1424 Mattituck, NY 11952 P.Co Re: Appeal No. 3222 John Wickham Location of Premises: Main Road, Greenport Dear Gall: Pursuant to our telephone conversation with Ellen today, this will confirm that upon receipt of a statement certifying the activities and uses to be conducted on this parcel and the extent thereof, and application to and comments from the Planning Board on the Site Plan (Article VI, Section lO0-60[A]), the sub- ject variance application would be scheduled for public hearing. Please keep us informed. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski cc: Building Department Planning Board Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLO, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO WHOM IT MAY CONCERN: Concerning your recent application filed with our office, please find enclosed a copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, the Suffolk Times and the L.I. Traveler-Watchman indicating the date and time of your public hearing. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the public hear- ing and in order to prevent any delay in the processing of your application. If you have any questions, or if you would like to review your file prior to the hearing, please do not hesitate to either stop by our office at the Southold Town Hall, or by calling our secretary, Linda Kowalski, at 765-1809 (or, if no answer, 765-1802). Yours very truly, Ik Enclosure GERARD P. GOEHRINGER CHAIRMAN Icontracting, with accessory~ line for storage and repair ofI /~ontractor's own vehicles and[ [equipment, at 67576 Main] IRoad, Greenpert, ~; CountyI 7:~ p.m. Application Of JOSE V. RODRIGUEZ, Box Avenue, Gre~nport, NY; County Tax Map Parcel No. 8:55 p.m. Application for KATHRINE FARR by S.S. Co,Win, Esq., First Street, Greenport,- NY for a Special ExCeption to the Zoning Ordinance, Article VIII, 113, Fishers Island, NY for a Sections 10~80(B) and 100-81 Variance to the. Zonin~ for permission to construct OrdinanCe, ArtiCle VI~ buildin~ for .marina and Secfiens 100-70(A) and 109-71, brakerage office use in this for permission to cOnStruct "C-Light Industrial" District, dwelling in thig B-1 Business at 1100 Manbanset Avenue, District. Location of Property: West Side of FoX-- Lane, FisherS Island, NY; County Tax Map Parcel Ne. 1000-012-01-001.002. 8:00 p.m. ApplicatiOn Of JOSEPH F1SCHETTI, Hobart Road, Sonthnid, NY for a Variance to the Zoning Ordln~nce, Article V, Section 100-50(C)[1] for permission to erect sign with less than four- foot clearance from ground, at 52800 C.R. 48, Southold, NY; County Tax Map Parcel No. 8:05 p.m. Application of ROBIN E. CARR. 811 Roanoke Avenue, Riverbead, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct in,round area, ~-~St~ebt, Greenport, NY; County Tax Map Parcel No. 1000-048-03- 8:10 p.m. Application of ROBERT W. G1LLISPIE, II1, Box 1112, Southold, NY for a Variance to the Zoning 100-60(C). for permission to erect sign with insufficient setback from the front (street) property line, at North Side of Main Road, Southold, NY; County Tax Mae parcel No. 1000-06i-0~07 Edgemer~ Park, and Dart of 05 MacDonald s Path off Peconic 5:~-~.m~ ~pplication for Bay Boulevard, Laurel; GOLDSMITH /* TUTHILL* County Tax Map No. 1000-145. INC. by R.F. Lark* Esq., Main 4014. . . Road, Cutchogue, N~ for a persen~..havi~.g an rote_rest Variance to th~ ZOning in any o! me aoove matters Ordinance, Article IX, Section may appear and be heard at NOTICEO~'~ 100-93 for permiusion to the time and place specified PUBLIC HEARINGS construct o~iee Imlldtng with above. For additional ~tn'l't~. t'~ u~uv an insuffic~ ~r0~yard information, Please contact "~z ............. setback at 1515 Y~in~s our office, 765-1809 (or 765' GIVEN, pursuant to Section , . ~,7, .~, 1802) Avenue Sonthold, NY ( C-I . 267 of the Town Law and the · . ~ ' ' * ~ *~- Amended General Industrial Zone), Dated. May4,1984. ,rovision ...... County Tax Map Parcel No BYORDEROF Code of the Town of Sou .t~.!d, 1000-60-1-6 ' ~ SOUTHOLD TOWN a Regular Meeting anu me · · ...... 8'~5 n m Amqicatton for BOARD OF APPEALS Board of Appeals at the Town ua , '~'~ "~'=' *~'~s"~m"~" ~ 1TM10-4564 Hall, Main Head, Sonthnid, ~'~'~".' ."%%~ .. . -- ............. Special Exception to commoncm~ at -~:~v p.. . as follOV~' Sechous 100-90, 100-91, and 7:35 p~m. Application of VINCENT GRIFFO, 280 Basin Road, Southold, NY for a Variance to the Zoning Ordi- nance, Article IH, SecUon 100- 3~ for permission to construct accessory building in an area other than the rear yard, at Article VIII, Section 100-80(B) for permission to construct office and S~ indl~n-~ in District, at LM5 Youngs AvenUe,~kuthold, NY; County Tax Map Parccl No. 1000-60-1- 6. 280 Basin Eoad Sonthold NY' 8:35 p.m. APPlication for ~ ' - ~':' Parcel N~'. GERTRUDE M, ALI by R F ~ounty Tax map · ' ' ~,w~o~a Lark, Esq. Main Road, ......... . . Cu~,NY for a Variance 7'40 p m Application of .. ~ · ~' '~'~u~N 16 to me ~on!ng Ordinance, for a variance to the ~oning . r~,~i~m~ Arti~eXI Section dwelling which places ~',~-~'~'/~'~' r~r ~rm~Ssion to accessory sterne bnildin~ in '~T. ........ ~' 'n the frontyard area Location reinstate nonconformi g ° - ert So ~1~ "ide of ~"~"~.~. ~ ~' ~n~',=~'~ * 300 East Road, Cutchngue, NY; , County Tax Map Parcel No Moore s Lane (a/k/a Linden Ave.), Cutchngue, NY; County 1000-I10-07-018. Tax Map parcel No. i000-109- 034108. ~'7:45 p.m. Application for*' JOHN WICKHAM, by Wickhem, Wickham and Bressler, P.C., Main Read, Mattiinck, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-60 for permission to ese premises aS a business office for marine 8:45 p.m~ Appligation for KATHRINE FARR b~ S.S. Corwin, Esq., 634 First Street, Groonport, NY for a'Varia~ee to the Zoning Ordinance, Article VIII, Sections 100- 80(B) and 100-81, for ~euilrmission to construct ~ for marina office in this "C-Light Industrial" District, at 1100 Manhanset Gre~npert, NY; County Tax Map Parcel No. 1100 Manbanset , Avenue, Greenport, NY; County Tax MaP Parcel No. 1000-034~05- ~1. · 9:00 p.m~ Application of KEVIN AND LESLEY MILOWSKI. Box 134, Cidcbe~me, NY for a Variance to New.York; Town Law, Article !6, Section ~80A, for approval of access over a private right-of-way at the west side of Cox Neck Road, Mattituck, NY; (now or formerly W. Chudiak); County Tax Map Parcel No. 1000-113-7-Part d 12. 9:05 p.m. Application for BERTRAM AND MARGERY WALKER, by R.T. Haefeli, Esq., Box 757, Riverhead, NY for a Variance to the Zoning Ormrm~ce, Article HI, SecUon 100-31, for: (a) an interpretatinn that the existing cottage and garage are valid preexisting, nonconforming uses and structures; (b) approval of a wooden, deck as an accessory structure in the sideyard; (c) approval of a reduction of livable flOOr area of a proposed dwelling conversion in 500 sq. ft. and .approval. of insufficient siaeyarus. Premises located at STATEOF NEWYORK ) ) SS: COUNTY OF SUFFOLK ) ,~rT~AN ~_ AT,T,A~ of Greenpo~, in said 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 10th day of Ma!/ 1984 Principal Clerk Sworn to before me this 1 Q th dayof Hay 19 84 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Pro- visions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals .at the Town Hall, Main Road, Southold, N.Y. on Thursday/, Ma), 17, 1984, commencing at 7:30 p.m. and as follows: 7:35 pan. Application of Road, Seuthold, 1~' for:-a V~a~e to t~e z0n~g Ordn- ance, Articie~.HI, ]~ectlon 100. 32 for permission to construct accessory building in an area other than the rear yard, at 280 Basin Road, Southold, NY; County Tax Map Parcel No. 1000-081-01-019. 7:40 p.m. Application of JAMES ANDERSON~ 16 Wav- erly Place, HewYork, NY for a Variance to the Zoning Ordin- ance, Article XI, Section 100- 118(D) for permission to rein- state nonconforming dwelling use of building in this B-I Business District, 300 Moore's Lane (a/k/a Linden Ave.), Cutchogue, NY; County Tax Map Parcel No. 1000-109.03- 008. r"7:45 p.m. Application f?r JOHN WICKHAM by Wick- ham, Wickham and Bresslor, P.C.. Main Road, Maftituck, NY for a variance to the zoning Ordinance, Article VI, Section 100-60 for permission to use premises as a business office for marine contracting, with acce~,ssor~ use for storage and repal~ of c~ontractor's ow~ vehicles and' equipment, al 67576 Main Road, Greonpert, NY; County Tax Map Parcel ' No. 1000-052~)5-058. 7:50 p.m. Application of JOSE V. ~ Box 113, Fishers Island, NY for a Variance to the zoning Ordin- ance, Article VII, Sections 100-70(A) and 100-71, for permission to construct dwell- ing in this B-I Business Dis- trict. Location of Property: We~t side of Fox Lank Fishers Island, NY; gonnty Tax Map Parcel No..1000-012-01-001. 8:00 ~'p!m. Applolation of JOSEPH FI$CHETTI, Hobart Road, Southold, NY for a ~ariance to the zoning Ordin- ance, Article V, Section 100- 50(C)[1] for permission to erect sign with less than four - foot clearance from ground, at 52800 C.R. 48, Southold. NY; County Tax Map Parcel No. 1000.051.05- 002. 8:05 p.m. Application of ROBIN E. CARR 811 Roan- oke Avenue, Riverhead, NY for a Variance to the Zoning Ordinance, Article IH, Section 100-32 for permissiqn to con. struct ingro~nd swimmingpool in the sidoyard area. at 315 Brown Stre6t, Oreenport, NY; Coanty Tax Map Parcel No. 1000-048-03-042.3. 8:10 p.m. Application of ROBERT W. GILLISPIE~ IH, Box 1112, Southold, NY for a Variance to the Zoning Ordin- ance, Article VI, Section 100- 60(C) for permission to erect sign with insufficient setback from the front (street) property line, at North Side of Main Road, Southold, NY; County Tax Map Parcel No. 1000-061. 02-07 and part of 05. 8:15 p.m. Application for GOLDSMITH & TUTHILL, INC. by R.F. Lark, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordin- ance, Article IX. Section 100- 93 for permission to construct office building with an insuf- ficient frontyard setback, at 1515 Youngs Avenue, South- old, NY ("C-I" General Indus- trial Zone); County Tax Map Parcel No. 1000-60-1-6. 8:25 p.m. Application for GOLDSMITH & TUTHHI. INC. by R.F. Lark, Esq., Main -Road, Cutchogue, NY for a Special Exception to the Zon. COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at 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 day/~ ~ I/~'"'~ ...... /. ....................... 19 ........ . C~)_~ Sworn to before me this .............. ../.~...~'.. ........ day of .............. ..................... , Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRiNGER, CHAIRMAN 1 5 1 984 CHARLES GRIGONIS, JR. S .R.Q.R.A. mpr, , SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRONNENTAL DECLAP~TION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPF~L NO.: 3222 PROJECT NA~IE: JOHN WICKH^M 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 to permit sma]] office for marine contractor with accessory storage use with repair of contractor's own vehicles and equipment. LOCATION OF PROJECT: Town of Southold, particularly known as: 67575 Main 1000-52-5-58. County of Suffolk, more Road (and Albertson Lane), Greenport; REASON(S) SUPPORTING THIS DETEP~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 premises in question is not located within 300' of an estuary or critical environmental area. FOR FURTHER INFOP~TION, PLEASE CONTACT: Linda Kowals~i, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. JUDITH T. TERRY TO'~q CLFRK REGISTRAROI VITALSI'MISIICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765q801 February 24, 1984 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3222 application of John Wickham for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to New York Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey. Southold Town Clerk WICKHAM, WICKHAM & BRESSLER, P.e. 516-298-83S3 March 2, Southold Town Board of Appeals Town Hall Main Road Southold, NY 11971 1984 Re: Application for Use Variance - John Wickham Gentlemen: Enclosed are copies of the plot plan in connection with the above application. The location of one 30 x 60 building is shown and also the location of a future building, to- gether with storage location for equipment, driveway, yard and parking. No sales will be conducted from the premises. Very truly yours, Ab~'g/ail A. Wickham A~W:emu encls. WlCKHAM, WlCKHAM & BRESSLER, MAIN ROAO, P.O, BOX 142~ MATT[TUCK ~-ONG ISLANO February 24, 1984 Southold Town Board of Appeals Town Hall Main Road Southold, NY 11971 If any additional us as soon as possible. Re: Application for Use Variance - John Wickham Gentlemen: Enclosed are the following in connection with the above application: 1. Application, in triplicate; 2. Notice of Disapproval from the Building Inspector; 3. Questionnaire; 4. Original Notice to Adjoining Owners with Affidavit of Service thereon; 5. Five prints of the survey; 6. Short Environmental Assessment Form; 7. Application fee of $50.00. information is required, please contact /emu encls. Very truly yours, Abigail A. Wickham TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE~..e..b...rt~.....z:~.....2..~ .; ...108~I TO THE ZONING BOARD OF APPEALS, TOWN OF 5OUTHOLD, N. Y. Neme of Appellon~ Street end Number C~c~o~ Be~ ~o~k ......................................................................................................................... HEREBY APPEL TO Municipeli~ Stere THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED:2/17/84 FOR: l)ezl~issioll to challge permitted rise ~C ) ( ) ( ) Name of Applicant for permit of Hain Road, .................................................. ......... .......................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD Street and Hamlet Zone John 14ickham 8CTM~1000/052/05/0§8 OWNER (S): .................... /v~cp No. Lot No, DATE PURCHASED: ........... 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Articl~I , Section 100-60 3. TYPE OF APPEAL Appeal is made herewith for ~ ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal 4) (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 ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ~ ) A Variance to the Zoning Ordinance ( ) f~rrequested for the reason that we would like to le].], the premtlee use for storase and repair of the contractor's o~n vehic[ee and equip- Foden zs~ (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because applicant8 ~ve been uneble to Ilell the property for ~ny ye~s ~d ~v~ ~e~o~e been ~b~e co ob~ a ~as~ab~e ~ ~r ~ves~n~. T~y ~ve ~lly ob~a~d ~ o~er from a con~rac~or ~o requires a loca~ ~o h~s~ and repair h~s vehicles ~d equ~p~n~. B~ce ~ proper~y ~s not on ~ ~ter, ~ ~rin~ conCracCi~ bus.ess would no~ be en~a~ed in ~on the but ~ld se~e ~rely as a s~ll bus.ess oif~ce, ~ch ~s pe~ed ~ B-z~e, w~h ~ accesso~ use so,ely[or o~ar's vehicle ~d equ~p- mn~ ~orage ~d repair. ~era[ore, ~ add~o~l ~rdsh~p ~s ~ pr~osed use ~s no~ c~s~rably d~[[eren~ Erom or o~fens~ve pe~ed B u~s, bu~ ~ prohibited by ~ l~ral provisions o~ Co~. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because this is a p&z'cel oil t['~ nmin highway opposite lover uses. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the property :[nll~diately e~z'osl the street is C-zoned and B z~ed. ~reover, s~ce this is a lar~ parcel and c~a~l considerable ~e~a~on ~d ~real, ~he i~rove~n~s and uip- ~t can be shiel~d ~r~ nei~hbor~ properties~ a ~t~al fr~e c~ be left as a b~f~r. S~ce this is a tri~l~ parcel with two si~s ~ the r~d, only ~e si~ abuts other property. Finally, t~ proposed use is not offensive or ~co~atible ~o pe~t=ed uses for t~ reasons stated above. STATE OF NEW YORK ) ) COUNT'( OF SI)~?OLK ) SS //Signature ' ,]'Ot~ Sworn to this .....2.~.th. ............................... day of....[~b.~:~CYt ................................ 19 8fl Notary Public N ELLEN M.-.I~R~8,N ~ Pubflc, 8tats of New Yo~k No. 4688534. Suffolk Coun ~cmmission Expires March 30, ~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of JOHN WICKHAM totheBoardofAppealsoftheTownofSouthold TO: Mr. Andrew Cassidy 1815 Albertson Lane Greenport, NY 11944 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southolc~ to request a ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribedasfollows:SCTM~/1000/052/05/058 - 67575 Main Road, Greenpnrt; M~w Ynrk 3. That the property which is the subiect of such Petition is located in the following zoning district: "B" Light Business District 4. That by such Petition, the undersigned will request the following relief: Permit to use B-zoned premises for C-zoned uR~ 5. That the provisions of the 5outhold Town Zoning Code applicable to the relief sought by the under- signed are ~t-tcle VI Section 1 flO -60 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (53.6) 765-3.809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: February 24. 1984 . ~ ~~, Petitio(a~, ,.T~ WICK/{AM ~' ~ Post ~ce Addr~s ~in Road Cu:chogue. ~ 119~ Andrew Cassidy PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS 1815 Albertson Lane Greenport, NY 11944 P 529 759 789 RECEIPT FOR CERTIFIED MAIL NO ~NSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) sl~t.° Andrew Cass~dv ~J~'l.~d ~lbertson La. P.O., State and Z~P Code Greenpor t, NY 11944 Postage $ .20 Certified Fee , 7-5 Special Delivery Fee Restricted Delivery Fee Return Receipt Showing ID whom and Date Delivered .60 Return receipt showing to whom, Date, and Address of Delivery TOTAL Postage and Fees $]- · 5 5 Postmark or Da~t~ ~ '~ 'j ~ STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.; ELLEN M. URBANSKI , residingat 309 Fannin~ Blvd. ~4~ Riverhead, NY 11901 , being duly sworn, deposes and says that on the 24th day of February ,1984 , 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 assessmentroll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Mat tituck, New York ; that said Notices were mailed to each of said persons by (certified) Sworn to before n~' this 24th day of:~ebrua~y/ ~ ,1984 N;tary Public JOAN HINDERMANN NOTARY PUBUC, State of New York No. 52.6905650.-Suffolk County ,9,, Commission Expires March :30, 19-~ ELLEN M. URBANSKI 0 .SHORT ENVIROh~-~ENTAL ASSESSMENT FORUM INSTRUCTIONS: (a) In order to answer the questions in this short gAF is is assumed that the preparer will use currently available information concer~ing the project and the likely impacts of the action. It is not ex-oected t~hat additional studies, research or other investigations will be undertaken.' (b) If any question has been answered Yes the project may be significant and a ccmpteted Environmental Assessment Form is necessa~/. (c) If all questions have been answered No it is likely that this project is no~ significant. (d) Enviror_mental Assessment 1. Will project result in a large physical cbmnge to the project site or physically alter more than l0 acres of land? · ..... · 2. Will there be a major change to any uni9ue or unusual land form found on the site? 3. Will project alter or have a large effect on an existing body of water? . . . . . d. Will ~roJect have a potentially large impact on gro,ana.~rater quality? · · · · · o . 5. Will project significantly effect drainage flow on adjacent sites? . . . . . . . 6. Will project affect any threatened or endangered plant or animal species? . . . . . . 7. Will project result in a major adverse effect on air quality? o . . o o . o 8. Will project have a mm Jot effect on visual char- acter of the com~muni%y or scenic views or vistas known to be important to the community? · ° 9· Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? · · ° 10. Will project have a major effect on existing or future recreational opportunities? . . ll. Will project result in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? . 13. Will project have any impact on public health or safety? 1L. Will project ~ffect the existing community by directly causing a ~rowth in ~ermanent popula- tion of more than 5 percent o~er a one-yeaP period o__r have a ma~or negative effect on the character of che com.~unity or neighborhood?. 15. Is there public controversy concernlng the project? PREPkRER' S SIGHATLqRE: .... Abigail A. WicKnam R.PR~S.,;TLG. John ~J~ ~'-khmri] DATE: TITLE: Atty. Yes / No Yes /No Yes 7 No Yes J No Yes ~ No Yes 7 No Yes J No ¥ Yes No Yes '/ No Yes ~/ No Yes ~ No Yes J No Yes. ~/ No Yes No Yes No for Applicant February 24, 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, S.U.N.Y., Stony Brook, NY 11794, (tel. 516-751-7900), if you have checked Box #1 and/or Box #6 below. Please either call their office or personally visit them at their Stony Brook office for instructions and application forms. Once you have received written notification of approva please provide our office with a copy (with the conditions) as early as possible in order that we may continue processing your Z.B.A. application. [ ] I. [ ] 2. [/~'] 3. [ ] 4. [ ] [ ] Waterfront without bulkheading Waterfront with bulkheading in good condition [ ] the full length of the property [ ] at least 100' in length Not located within 300' of waterfront or wetlands area May be located within 300' of waterfront or wetlands area; however, the following structure separates my property from this environmental area: [ ] 50' existing road [ ] existing structures [ ] bluff area more than 10' in elevation above mean sea level 5. This proposed addition/expansion of an existing building will be more than 75' from the landward edge of tidal wetlands/waterfront areas. 6. This proposed addition/expansion of an existing building will NOT be more than 75' from the landward edge of tidal wetlands/waterfront area. [ ] 7. Please be aware that any and all subdivisions and new dwellings will also require an application to the N.Y.S. Department of Environmental Conservation for their review and approval. If you are able to provide them with recent photographs of the project and wetland areas, it would help expedite the processing of your applica- tion. This questionnaire is made to explain the requirements of this State Law and to prevent any unnecessary delays in processing your application(s). 10/831k ~J AL,