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HomeMy WebLinkAbout3256 0 .,~.~x_ava. ~ ~ ACTION DATA: 8/14/4 ~on.d:' 1. approval.~,,,t3 BOARD MEMBERS OF $~Vl Southold Town Hall Leslie Kanes Weisman, Chairperson yea HQ 53095 Main Road • P.O. Box 1179 l4 Southold, NY 11971-0959 Eric Dantes ~t ~ Office Location: Gerard P. Gcehringer G Q Town Annex /First Floor, Capital One Bank George Horning ~ ~ i~ 54375 Main Road (a[ Youngs Avenue) Ken Schneider lyC~~~ Southold, NY 11971 htt p: //sou[hol dtown. northfork .net ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD n ' I 08 Tel. (631) 765-1809 • Fax (631) 765-9064 U~4~ OCT 2 ~ 0~'""""' So~own Clerk ZBA FILE: 3256 AMENDED (October 17, dfl13) NAME OF APPLICANT: Southold Free Library PROPERTY LOCATION: 195 Youngs Avenue Southold, NY SCTM#1000-061-01-14, 15.1, 15.2 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION Subject parcel 1000-61-1-14 is improved with a two story brick library and a one & two story framed building with attached porch, parcel 1000-61-I-15.2 is vacant and used as a parking lot and parcel 1000-61-1-15.1 is improved with a two story framed house. All three parcels are owned by the Southold Free Library and are zoned Hamlet Business (HB). It has 117.76 feet of frontage on Traveler Street, 508.79 feet on the eastern property line, 115.03 on Main Street (SR 25) and 500.67 feet on the western property line as shown on the survey dated November 14, 2012, last revised January 31, 2013 prepared by John T. Metzger, LLS. BASIS OF AMENDED APPLICATION/ADDITIONAL INFORMATION• On October 7, 2013 the Zoning Board of Appeals received a Memorandum from the Southold Town Planning Board with a request to re-consider the conditions placed on the original 1984 variance relief granted to the owners of the subject property. At this time the Planning Board is processing a lot line change for the current property owners, the Southold Free Library, which would allow additional parking and access from Travelers Street to the library's existing parking ]ot on SCTM#1000-61-1-15.2. This lot is part of the original 1984 ZBA decision and subject to the conditions imposed therein which prohibit the proposed lot line change. These conditions were imposed when the property was zoned General Business (B-1) which mandated that each lot size have a minimum of 30,000 sq. fr. In 1989 the zoning on the subject property was changed to Hamlet Business (HB) which requires 20,000 sq, fr. per lot. FINDINGS OF FACT/ REASONS FOR BOARD ACTION• At the October 17, 2013 Special Meeting of the Zoning Board of Appeals, the Board reviewed the Planning Board Memo dated October 7, 2013, with attached documentation, requesting a re- . Page 2 of 3 -October 17, 2013 ZBA N3256AMENDED-Southold Equltles, Inc. SRMN3000-61-1-14, 15.1, 15.2 consideration of the conditions imposed in application #3256, Southold Equities, Inc., dated August 14, 1984. 1. Town Law &267-b(3)(b)(1). Grant of this request will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. These pazcels have existed in the current configuration since 1984. The new lot lines will allow the Library increased parking for patrons. In 1989, Local Law # 1 was approved which changed the zone of these parcels from B-1 to HB. 2. Town Law §267-b(3)(bl(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than relief from the conditions imposed in 1984. 3. Town Law §267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 23% relief from the code. However, parcel 15.2 (designated as parking azea) will be shy 4,503 square feet from the required 20,000 squaze feet of azea and the two other parcels will be conforming in area with the current zone (HB). 4. Town Law &267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 5. Town Law §267-6(3)(6)(5). The difficulty has not been self-created. In 1989 the property was subject of a zone change from B-1 (30,000 minimum area) to HB (20,000 minimum area) which therefore allows the parcels to be less than the original variance intended in 1984. 6. Town Law §267-b. Grant by Resolution of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a lot line modification while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. AMENDED RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman, Chairperson, seconded by Member Horning, and duly carried, to GRANT the request to remove the following two conditions from ZBA File No. 3256 (dated September 5, 1984): 1. No further front, side, and/or rear yard setback reductions which do not comply with the zoning code, bulk schedule requirements; 2. No further division or set-off within either parcel (which would further reduce the lot areas). Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature jor an a(teratian that does not increase the degree ojnonconjormity. Page 3 of 3 -October 17, 2013 ZBA M3256AMENDED-Southold Equities, Inc. SRMg1000.61-1-14,15.1, 15.2 Vote of the Board. Ayes: Members Weisman (Chairperson), Schneider, Horning, Dantes. (Absent was: Member Goehringer) This Resolution was duly adopted (4-0). /V' ` Leslie Kanes Weis an, Chairperson Approved for filing ~ /a~ /2013 ' MAILING ADDRESS: PLANNING BOARD MEMBERS 0~ OF SOVlOI P.O. Box 1179 DONALD J. WILCENSffi ~ y Southold, NY 11971 Chair ~ OFFICE LOCATION: WILLIAM J. CREMERS ~ ~ Town Hall Annex PIERCE RAFFERTY G Q 54375 State Route 25 JAMES H. RICH III ~ (cor. Main Rd. & Youngs Ave.) MARTIN H. SIDOR I~CQUry l , p~ Southold, NY 111, o Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD RECEIVED MEMORANDUM OCT 7 '-^i~ 1, To: Leslie Weisman, ZBA Chairperson BOARD OF APPEALS Members of the Zoning Board of Appeals From: Donald J. Wilcenski, Chairman•~6 Members of the Planning Board Date: October 7, 2013 Re: Request for Review on Proposed Lot Line Modification for Southold Free Library Located at 690 Travelers Street, Southold SCTM#: 1000-61-1-14 & 15.1 In light of the current zoning on the parcel, the Planning Board refers this application to you and requests that the Zoning Board of Appeals (ZBA) re-consider the conditions rendered on the August 14, 1984 ZBA decision Southold Equities, Inc., Appeal No. 3256. In 1984, the ZBA granted an area variance which allowed SCTM#1000-61-1-15 to be subdivided into two parcels (SCTM#1000-61-1-15.1 & 15.2). The following are the ZBA conditions placed on the property: 1. No further front, side, and/or rear yard setback reductions which do not comply with the zoning code, bulk schedule requirements; 2. No further division or set-off within either parcel (which would further reduce the lot areas). The Planning Board is currently processing a lot line change that is subject to the above referenced conditions. This lot line change will re-locate 4,491 sq. ft. from SCTM# 1000-61-1- 15.1 to SCTM#1000-61-1-14 to allow the Southold Library to create additional access from Traveler Street to its existing parking lot on SCTM#1000-61-1- 15.2. Southold Free Library Pa4e Two October 7, 2013 Lot 15.1 is part of the existing 1984 ZBA decision and is subject to the above conditions. These conditions prohibit the proposed lot line change from occurring. The Planning Board is requesting a re-consideration of this application because the above-referenced conditions were rendered when the property was zoned General Business (B-1) in 1984, mandating that each lot size have a minimum area of 30,000 sq. ft. Currently, the zoning on this property is Hamlet Business (HB). Local Law #1, approved in 1989, altered the properties zoning district from B-1 to HB, therefore allowing the property to be less than the original ZBA variance intended in 1984. The file is available at your convenience. Thank you for your cooperation. BOARD MEMBERS OF $~V Southold Town Hall Leslie Kanes Weisman, Chairperson O~~ Ty~l 53095 Main Road • P.O. Box 1179 ti O Southold, NY 11 97 1-095 9 Eric Dantes #t * Office Location: Gerard P. Goehringer G Q Town Annex /First Floor, Capital One Bank George Homing ,c ~ 54375 Main Road (at Youngs Avenue) Ken Schneider lyC~~~ ~ Southold, NY 11971 http://southold[own. northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 MEMO To: Donald J. Wilcenski, Chairman, Members of the Planning Boazd From: Leslie Kanes Weisman, Chairperson, Z Date: October 18, 2013 RE: ZBA Application #3256, (Southold Equities, Inc.) Southold Free Library At the October 17, 2013 Special Meeting of the Zoning Boazd of Appeals, the Board reviewed your memo dated October 7, 2013 requesting a re-consideration of the conditions imposed in application #3256, Southold Equities, Inc., dated August 14, 1984. Based upon a change in zoning from General Business (B-1) to Hamlet Business (HB) in 1989, which now allows the property to be less in size than the original intent of the Boazd's 1984 determination, the Members of the Zoning Boazd of Appeals passed a Resolution, by unanimous vote, to amend decision #3256 to remove the two conditions previously imposed therein. A signed copy of the amended decision is attached. - _ ~o5~EF0(K~~ Southold Town Board of Appeals ~ ~ MAIN ROAD - STATE ROAD 25 SOLITHOLD, L.1., N.Y. 11971 ~1 ~ r~ TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3256 Application Dated June 4, 1984 (Public Hearing held July 26, 1984) TO: Mrs. Loretta DiMaggio [Appellant(s)] Southold Equities, Inc. 195 Youngs Avenue Southold, NY 11971 At a Meeting of the Zoning Board of Appeals held on August 14, 1984 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 Por Special Exception under the Zoning Ordinance Article Section [X] Request for Variance to the Zoning Ordinance Article VII Section 100-71, Bulk Schedule [ ] Request for Upon application of SOUTHOLD EQUITIES, INC., 195 Youngs Avenue, Southold, NY for a Variance to t e Zoning r lnance, Article VII, Sec- tion 100-71 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). The board made the following findings and determination: By this appeal, applicant seeks a variance to the provisions of Article VII, Section 100-71, Bulk Schedule of the Zoning Code, for approval of the proposed lot area of each of two parcels in this division of land. The most northerly parcel will contain an area of 24,495± sq. ft. and is presently improved with a one-story frame building. The southerly parcel will contain an area of .356± acreage and is presently improved with three buildings: (1) one-story stucco building set back 6± inches from the southerly property line; (2) an accessory garage/storage building located along a concrete retain- ing wall on the west side; (3) a one-family, two-story frame house to the north of the garage/storage building. The subject premises is located in the "B-1 General BEUSiness" District, and it is noted for the record that a prior application has been made and conditionally approved as noted in Appeal No. 3145, decision rendered June 17, 1983 for a residential use of the most northerly building along Traveler Street. The board members have visited the site in question and are familiar with the surrounding parcels, which are similar in size or smaller than that proposed by this application. Also, in consider- ing this appeal, the board determines: (a) that the relief requested is not substantial since the lots will conform with the character of the neighborhood; (b) that a substantial change will not be produced that would detriment adjoining properties inasmuch as the buildings have existed since the enactment of zoning; (c) that the difficulty cannot be obviated by some method feasible for the applicant to pursue other than a variance; (d) that no effect will be produced on available governmental facilities of increased population; and (e) (CONTINUED ON PAGE TWO) DATED: September 4, 1984. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3256 Matter of SOUTHOLD EQUITIES, INC. Decision Rendered August 14, 1984 that in view of the manner in which the difficulty arose and in consideration of all the above factors, the interest of justice will be served by allowing the variance, as indicated below. Now, therefore, on motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that the application applied for in Appeal No. 3256, SOUTHOLD EQUITIES, INC., for approval of insufficient area of two parcels in this proposed division of land, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. No further front, side, and/or rearyard setback reductions which do not comply with the zoning code, bulk schedule requirements; 2. No further division or set-off within either parcel (whibh would further reduce the lot areas). Location of Property: North Side Main Road and South Side Traveler Street, Southold, NY; County Tax Map Parcel No. 100061-1-15.1 (15). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. 'LiER RD GO~~H INGER, IR ~N RECEIVED AND FII;ED BY ~ September 5, 1984 THE SOUTHOLD TOWN CLLi3K DATE 9~5`/~y HOUR /y>' a G ~I Town Clerk, Town of Southold '~IdING BCARD QF APPEALS • " ` T01'1N HALL MAIN ROAD S. R. 25 SOUTHOLD, N.Y..11971 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 Southold Town Hall, Main Road, Southold, NY, and as follows: 7:35 p.m. Application of SOUTHOLD EQUITIES, INC., 195 Youngs Avenue, Southold, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 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 to•~ (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 Mineola Road" extending northerly from KrausyRoad. Location of Property: West Side of Camp Mineola Road, Mattituck; County Tax Map Parcel No. 1000-122-05-3.3. 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. Z:50 p.m. Recessed Hearing: HENRY P. SMITH. Variance 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 JOHN•GIANNARIS AND OTHERS, by D+. Kape11,,400 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article XI, Section 100-112(H) for permission to use adjacee~ terl~r ~prem ses of the Village of Greenport of .765 acreage for parking accessory 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. Page 2 of 2 • 'Legal 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, Greenport, 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 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](b), Article V, Section 100-50(6)[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 HIGGINS, 48 Kenwood Road, Garden City, NY 11530, for a Variance to the Zoning Ordinance, 1 Article III, Section 100-31 for permission to construct deck addition N ~ ~ to dwelling with reduction of frontyard setback from Cedar point ~ a ui,; Drive East. 'Identification of Property: 80 Lakeside Drive (a/k/a ~ = o Z 675 Cedar Point Drive East), Southold; Cedar Beach Park Subdivision c Lot No. 81; County Tax Map Parcel No. 1000-90-03-014. il _ Z ~ ~ 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 representative. For additional information, please contact our office, 765-1809 (or 1-802). Dated: July 3, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD,..OF APPEALS GERARD P. GOEHRINGER .CHAIRMAN -------------------------------------------------------------------------x 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. -------------------------------------------------------------------------x . FORM N0.3i TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE 50UTHOLD, N.Y. NOTICE OF DISAPPROVAL File No. Date . ~ g 19...1.. PLEASE TAKE NOTICE that your application dated . , , a 9 19 ~..y. forget . , -,'•n ..~n.. ~-~•uU-:". ! ~-~,c~ . . Location of Property . . . . . ![I, ¢;oy~ • le.d, ~ HauseNo. II~ Street Hamlet County Tax Map No. 1000 Section ~.4u. ~ , ...Block ......Lot .~.5:.(..... Subdivision Filed Map No. . Lot No . is returned herewith and disapproved on the following grounds loo-7•1...x-.-.~...~~~-:..~Q,~,~, ~'at-~u;..~. . , Y•,cc .0..c d(_........ . Building Inspector RV 7/80 /v% f~ ~ 4 - RK~IVED ~ • UUN 0 41984 TOWN OF SOUTHOLD, NEW YORK Tom PAL_FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~ o~) 9d~Thdd DATE TO THE Z(/ONING BOARD~-OF APPEALS, TOWN OF SOUTQHOLD, N. Y. 1, (We1J~-GL~~6~L ~t~2.L.~~.C....of....:'..Z.s~~©.":`.~~.~... pF N~/ame of ellant c7 Str~eef~t and Number ...~l~.u:,I,IR~~G{,.......N.` .P.:..Y.l..~.~.6 .x.v t....HEREBY APPEAL TO Munic alit $tate~ THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED~:~b,!~ lYF4 FOR: Suddi?/SidM Scj-DFF WHEREBY THE BUILDING INSPECTOR DENIErrD TO ~ ~ / Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCC ANCY QQ (?j PERMIT TO ~~hn l vtCjaOGL{r(~ S ~~G (S ion 1. LOCATION OF THE PROPERTY ..Y•.~..G~..l`~.........~......`..~~rf~Y~.'f.Q.~!?( Street and Hamlet n Zone I ~ I I OWNER(S): e;9cc-IWO~GY....... cc~f[¢S~~C- ~ - / Mep No. Lot No. 6. D DATE PURCHASED• .l•• 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article I/~i .Section iv°-~~ ~~U'i,`i,~C 'rh" ~ i°~C "~G 'vi`Uir~F - 3. T E OF APPEAL Appeal is made herewith for -l J~iZr~ (VARIANCE to the Zoning Ordinance or Zoning Mop /~U~~ U c~i e~"u/e. /OQ ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 7~ ` r SCL3~' ~Qa2ctc,.~~ l~o`~-vaS /2Cl SIc~~Ir4/rl ~UiSto~ 4. PREVIOUS APPEAL A previous appe (h (has not) been mode 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 o variance -ri 3~ and was made in Appeal No......3/~5 ..............Dated .......~.kn!~,...~7i.~.9~:3.............................. REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Varia~ncpe to the Zoning Ordinance q 7~ ~~j w~ ~~~v~~1 c~nq Boar-af'SJ~C(5loti ~ v( S cc (3 ~/v( Sloes is requested for the reason that we would like to C`~/Ui c%. pYe~t1)S Pg /4 S slto~~ ~'ue~~;~r~a s««,~y H~~s Fm7n zs1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because tip /I ~ ~ ^ 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 , ~ ~ ~ 3. ITie ariance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CFIARACTER OF THE DISTRICT because /7 ~ ~J~D ~~,e r-~ ~ ~ s ( ~ ~L ~~"D ~ ~ C r4'i'-e a- ~ Y' ~ S rvi a l ~e ~ ~f ~n ~ o ~ r f 1 STATE OF NEW YORK ) ss .................l. COUNTY OF ~ct~.P~Z~) Signature Sworn to this .....V.......J~.~ day of........Y/1..... 19 q I ...............~ZKP~.~ ot~...Pu1J~ V NoYa~ 4E~prfc'3 Nab h ~b'~I° York ~t~ y ~ ~ ~ - TOWN OF SOUTHOLD PROPERTY RECORD CARD ~ ^ , ~ . OWNER STREET VILLAGE DIST. SUB. LOT FORMER OWNE N ~ ~ E ACR. 0. ~ , ; ~ , S W TYPE OF BUILDING r~ RES. 2~. OO SEAS. VL. FARM COMM. CB. MISC. Mkt. Value ~E'm w- ~ 9 K LAND IMP. TOTAL DATE REMARKS ~+Q~lu ,~R f~c~5- . r T ?RAJe °n _ _ ~^7J / frG'/ ~ -~e ~ ~ o~ frd.~~s'YI l~dl%.°. /?l,~;i^ c J 'TtY:, S~ir-.~T'' 1 ~S 5to.~ AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value r"f+,~e~a~~az~ "s="=s~^^"'f Acre , i' - ~ Tillable 1 ~ - Tillable 2 , 3uo u ~e~e - 'Tillable 3 A~-ro Woedland ~ ~ ! , , , ti l le' c~ ~ S i/o Swampland _ R / _ _ Brushland FRONTAGE ON ROAD ' 'n ° ~ i r ~ House Plot DEPTH C BULKHEAD I Tctal ~ I DOCK ~ _ _ ~-F ~ ~ ~ ~:r °r ~1- i _ ~ _ _ COLOR i I I _ ~ ~ -I - ~ II If I i ~ i TRIM I ~ I i 1 i f f ~ I i ~ 1 I i i I. M. Bldg. ~ - . • ~ I Foundation ' Bath v Dinette ~~17 oZ Ob /v0 ! ~-E--. Extension ~ _ 0 y 'Basement Floors ~yL~~tc y. K. Extension ~ Ext. Walls ~ Interior Finish ~ C.:--r LR. Extension Fire Place ~ Heat ^T'` DR. (Type Roof Rooms 1st Floor BR. Porch Recreation Roo Rooms 2nd Floo FIN. B. Porch Dormer. Breezeway Driveway Garage - / ~ . 7.7 1 ~ Y~ I Patio O. B. I ' Total ~ O ~ s~ a _ _ _ W' Q f y g 9~ ? s 5,~ r. ~ a r, • ' r \ SZ s ' 1 J~ V~~ • t ~ i • + s • ar b Jd ~ C ~ s • O~,yJ ~ •4 . spy 4, • r ` p ~Y Y ' i 6 O~ s f • • tiNaye~ ~ y • • ~ • • papa. ~ 0F'C~'~\S 6 O ~ ~ . r• y ~ is ~Hp~.. ~ s Y' r ~ Pp. atl-p , • o a , • ~J,S .'i W ' • O < O Yf i^' ~ z SJ • C'yJ •i. K s • 4 to 6 9j Y y4 n, 1 yd v1 ~ . ~ J 7 • Of , ,5 .9 p`~' • ,a . '4 P A { tl i b • . ~~y1 ~ •1 ? ~6 ~ ~ .a Y ` P~1 ~ yw ; oPW - / Pt0~5 No r ~ ~ r t C t Mem~ndum from Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 Date: 10/10/85 To: Memo for the Record From: In discussing "shopping centers" today with Vic, he indicated that the "old Post Office Deli" and "pizza parlor" businesses at the old post office, Main Road, Southold, is not nequired to return to ZBA for a shopping center variance because he merged the two lots when the property was sold even though a variance was granted for insufficient area with the post office on the property. The reason he said he merged the two lots was so the two businesses would have 40,000 sq. ft. and not require variance for a shopping center. fWo site plan approval was required by the Building Department from the Planning Board for the change or increase of uses. c~ ~ ~ ~ U 7,~S,G-a.Q cem~v.~La.e..~.r`~ ~ ,.-L a~sc. . lk cQatz~ ~ • f `f COUNTY OF SUFFOLK n Dgr DEPARTMENT OF PLANNING ($16) 360-5513 LEE E. KOPPELMAN DIRECTOR OP PLANNING Sep_te_m~be-rJ12, 198/4/ Town of Southold ~~~2'~/ 9'"~7-`~ Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number Southold Equities, Inc. 3256 John Simicich 3261 Very truly yours, Lee E. Koppelman Director of /Planning by GGN:jk Gerald G. Newman Chief Planner V[T[RAMS M[MORIALNIQNWAY • HAYPPAYD[. L. L, M[W YORK - • 11788 ~ S~FFOL,(~co~ oy ® ~ Southold Town Board of Appeals .~fol ,~~0 MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUG LASS JOSEPH H. SAWIC KI - September 5,-1984 Mrs. Loretta DiMaggio Southold Equities, Inc. 195 Youngs Avenue Southold, NY 11971 Re: Appeal No. 3256 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 be 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, GERARD P. GOEHRINGER CH IRMAN Enclosure 1n a~Is`Tc"i Copy of Decision to Secretary Building Department Planning Board' (Also to applicant at Massapequa address) 1 Southold Town Board o~Appeals -4- July 26, ~4 Regular Meeting PUBLIC HEARING: Appeal No. 3256: Upon application of SOUTHOLD EQUITIES, INC., 195 Youngs Avenue, Southold, NY for a Variance to t~ing~r3inance, Article VII, Section 100-71 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. 1000-061-01-15.1 (15). The Chairman opened the hearing at 7:37 p.m. and read t~e legal notice of this hearing in its entirety and appeal applicatio . MR. CHAIRMAN: We have a copy of the Suffolk County Tax Map indicating this property and the properties in the area. I have a copy of the survey dated August 17, 1978, copied from Appeal File 3145 of 1983, from Roderick VanTuyl, P.C. indicating the northerly lot, which contains the old Town Hall building of 24,495 sq. ft., and the south proposed piece which consists of the present post office, two-story frame house and garage, of .35 acres, .356 acres. Mrs. DiMaggio, would you like to be heard in behalf of your application? LORETTA DiMAGGIO: I am here to answer any questions you might ask. MR. CHAIRMAN: Could you use the mike--I'm not sure if that one was turned on. MRS. DiMAGGIO: Testing--can you hear me? MR. CHAIRMAN: Yes. Do you have anything specifically you'd like to say before I ask you some questions? MRS. DiMAGGIO: I'm just here to answer any questions you might have. MR. CHAIRMAN: All right. In your application you indicated that you were unable to sell this property as one piece. What do you mean by that? MRS. DiMAGGGIO: The property goes from Main Street through to Traveler Street, and the parcel is rather large for one buyer. MR. CHAIRMAN: And it has been on the market for a certain amount of time? MRS. DiMAGGIO: Yes. We have a great deal of interest in the front parcel; however, the interest for the rear parcel has not been too phenominal. Southold Town Board oT Appeals -5- July 26 ,84 Regular Meeting (Appeal No. 3256 - SOUTHOLD EQUITIES, continued:) MR. CHAIRMAN: From this map, you indicate that the rather-- how deep does the business zoning go in that area? MRS. DiMAGGIO: It's throughout the entire street as I under- stand it, from Beckwith to Horton and Traveler to Main Street. MR. CHAIRMAN: Will there ever come a time when you would ask for a division where the present post office building is from the house and the garage area, or do you intend to sell that as one parcel? MRS. DiMAGGIO: No. I intend to sell it as one parcel. It wouldn't lend itself to that position. The post office area would be too confined. MR. CHAIRMAN: On the right-of-way situation, it appears that that present driveway which was used as ingress and egress to both the post office and to the dwelling. It appears to be shared with the next door neighbor. Is that correct? MRS. DiMAGGIO: Yes. It's shared with, I believe Edson is still the owner of the property adjacent to us. It gives him access to his limited parking area in the rear. MR. CHAIRMAN: In the rear. Oh that's directly in back of his building then on that. MRS. DiMAGGIO: Right. MR. CHAIRMAN: We had originally had an application, I believe, that you had brought in last year concerning the old town hall building. Nothing ever became of that, I assume? MRS. DiMAGGIO: No. We had the use--it had been granted. We are still talking to our tenant; however, his presentation as to financial ability has not yet suited me. We need a little more indication that he will indeed perform as we require. MR. CHAIRMAN: I thank you very much. MRS. DiMAGGIO: You're welcome. Thank you. MR. CHAIRMAN: Is there anybody else that would like to be heard in behalf of this application? Anybody like to speak against the application? (No one). Questions from board members? (None). Is there anything else you would like to say before I close this hearing? MRS. DiMAGGIO: No. MR. CHAIRMAN: I did not read the handwritten part of the applica- tion. I don't know if you wanted me to. Southold Town Board . Appeals -6- July 26, •84 Regular Meeting (Appeal No. 3256 - SOUTHOLD EQUITIES, continued:) MRS. DiMAGGIO: I don't know if if I'm sort of out of line, please stop me. I don't want to take anybody's time. But we lost three sales on the front half of this property because we cannot subdivide; and I would like the opportunity to sell it, so a subdivision would certainly help it. And that's all I add to it. MR. CHAIRMAN: Just quickly, you presently have a C/0 on the post office building? MRS. DiMAGGIO: Yes, I do. MR. CHAIRMAN: A C/0 on-- MRS. DiMAGGIO: I believe it was prior to a C/0 being required. MR. CHAIRMAN: Ok. A Certificate of Use you would call it-- MRS. DiMAGGIO: Yeah, it dates back to 1850, I think. So I don't know that we have a C of 0, but I know that when I bought it, he said all the papers were in order and I'm sure they were. MR. CHAIRMAN: And you had one on the one-family dwelling? MRS. DiMAGGIO: I think that also was in existence prior to the time a CO was-- MR. CHAIRMAN: Did you get one on the old town hall when you moved it there? MRS. DiMAGGIO: Yes. MR. CHAIRMAN: Ok. Thank you. Hearing no further questions, I'll make a motion closing the hearing and reserving decision until later. MEMBER DOUGLASS: Second. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to close the hearing and reserve decision in the matter of the application of SOUTHOLD EQUITIES, Appeal No. 3256 until later. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted by all the members. ~5~fF0(K~, • Southold Town Board of A eals o PP ~ MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 ~ TELEPHONE (516) 765-1609 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: xx Variance from the Zoning Code, Article VII, S tsulknS~~8a1~I~ Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No.: 3256 Applicant: SOUTHOLD EQUITIES, INC. Location of Affected Land: Main Rd. &Traxreler St., Southold, NY County Tax Map Item No.: 1000- 061-1-15.1 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) 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 Gnhrliv~dP lo. non- tainin~ existin~buildin.;gs. Copies of Town file and related documents enclosed herewith for your review. Dated: 9/10/84 ~`'OC'~ Temp. Sec etary, Board of ppeals s ~ Southold Town Board of Appeals ~,~'j~,_ ~_lC~~" MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 ~ V TELEPHONE (516) 7651809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUG LASS JOSEPH H. SAWICKI T0: Southold Town Planning Board FROM: Jerry Goehringer, Board of Appeals DATE: August 15, 1984 SUBJECT: Actions Involving Planning Board Rendered by Z.B.A. August 14, 1984 ZBA Special Meeting July 26, 1984 ZBA Regular Meeting This letter will confirm that the following matters have been approved as noted below by the Board of Appeals at its recent meetings: Southold Equities, Inc. - Appeal No. 3256 - Approved 8/14/84 two lots in this Business District as applied and subject to the following conditions: (1) No further front, side, and/or rear yard setback reductions which do not comply with the zoning code- bulk schedule, and (2) No further division or set-off of either parcel. As you are aware, John Simicich, Appeal No. 3261 for insufficient area and width and 280-A, has been approved as applied on 7/26/84. Also, Patrick Carrig, Appeal No. 3246, was given conditional approval on 7/3/84, a copy of which was supplied for your file. Other matters which are pending with your office are on our September 13, 1984 agenda for public hearings and we will keep you advised. ,^,c~,~FFO(,Y P ~N ~ D T U~ ~ p ~ D S L ~~0~~ ~ y vy~~ ~ ~ _ Southold, N.Y. 11971 (516) 765-1938 May 23, 1984 Mrs. Loretta DiMaggio 390 Rose Street Massapequa Park, NY Dear Mrs. DiMaggio: The following action was taken by the Southold Planning Board at the regular meeting of May 21, 1984. RESOLVED that the Southold Town Planning Board disapprove the subdivision of Loretta DiMaggio located at Southold due to the ixtsufficient area of the lots. The Board also questions the use of the house and garage in the future. If you have any questions, please contact this office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN OUTHOLD TOWN PLA"NN~IN'G B ARD By Diane M. Schultze, Se etary cc: Zoning Board of Appeals ZONIIVG BOARD OF APPEALS TO WN HALL MAIN ROAD-S.R.25 COUNTY OF SUFFOLK SOUTHOLD,N.Y.1t971 STATE OF NEW YORK NOTICE IS HERESY GIV, EN, pursuant to Section 267 of the Town Law and tha Provi•. sions of the:Amendsd Code of Patricia Wood, being duly sworn, says that she is the _the Towa of $q~t¢p}d, theme Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, following mattea,a{~ be held for Palilic.Headnga by,, the o public newspaper printed of Southold. in Suffolk County; Southold Towa-BoaM of Ap- and that the notice of which the annexed is a printed copy, peals: to be held on ~'f(!UR$- DAY. JULY,, 26._1984 com- has been published in said Long Island Traveler-Watch- m s< 3:30pm., et .the man once each week for ~ .weeks Southold Town Hall. "Main ~ ~ Road, Southold, N.Y. and es successively, commencing on the " follows: ;7:35 p.m. Appllcatlon ~y SOUTHOLD day o ~f- / 19........ 195 Yoangs~',' thold, ~ ~ ~ . -v _ NY for -a "VftrLnx fo the Zoning Ordinance. Arflde VII. ~J _ Section 100.71 foX apptovaF of insutficienl,,area,pt trro pro- posed lots Which contain eaat- ing buildings,"the northerly lot ~ hat~ingftonta~e~lon4Trsveler Swom to before me this doy of Strcet, and the southerly lot having frontages alopg Mafia Road. inahe Haml~,of.South- °°~°°••L•••••••°°°•°~ 19.....f.. old; Counfy Ts: Mtip Petrel No. 1000.061-1.1;5.1,(15). 7:40 p.m: AppBcation of JOHN SIMICICH. by Charles 'R. Cuddy, Esq.,108 East Main ~ Street, Riverhead, -NY for ~a Notary Public Variances to (a) the Zoning Ordinance, Article ID, Section DARBARA FORBES 100.31, Bulk Schedule, for Notary Public, State of New York approval of insuffident area No. 4806846 and width of parcel in this pro- Qualified in Suffolk County posed two-lot subdivision. (b) Commi,sum Expires March 30, 19 New York Town Law, Seaton 280-A for approval of access over a private tightof-way known as "Camp Mineoh~ Road" ertending northerly from Ktau3 Road. Location of Property: West Side of Cam(f: "Mineola' Road; ;~;idae9;1,.,.e Countq `Tan' Iv1ap' p'e[rcel 'ivil." 1000-122-OS-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-offlocated on a private right-of-way at the north side of Bergen Avenue, MatNtuck; County Taa Map Parcel No. 1000-112-O1-016. 7:50 p.m. Recessed Hear- in: HENRY P. SMITH. Var- _ fiance for approval of two . parcels with insufficient area and width in this B-1 Business Zoning District, West Side of _.ge_conic.Lane, ]'eewnic, 1000- Noficps Proposed two-lot subdivision parking accessory to the (b) New York Town Law, s~cg bar use ~ the located on the South Side of BOARD OF APPEALS .III LEGAL NOTICE Section 280-A for approval of ~ owned ~ the Main Road, Greenport, NY. GERARD P. GOEHRINGER NOTICE IS HEREBY access over a private rightof- applicants also located at the Zoning District: B-Light CHAIRMAN GIVEN, pursuant to Section way known as "Camp Mineola north side of Main Road, East Business. County Tax Map iTJyi9-06xi 267 of the Town Law and the Road" extending nortberly Marion; County Tax Map PercelNo.1000-46.01-002.1. Provisions of the Amended from Kraus Road. Location of parcel No. 3000.35-2-14 and No. 8:10 p.m. Application of Code of the Town of Southold, Property: West Side of Camp 1000-35-2-15.1; see Site Plan THOMAS HIGGINS, 48 the following matters will be Mineola Road, Mattituck; Kenwood Road, Garden Ci ~ of Greenport, in held for Public Hearin s b County Tax Map Parcel No. rew.ced5/4/84and5/30/84. ty, g y 8:00 p.m. Application of NY 11530, fora Variance to the lulysworn,saysthathe/she is the Southold Town Board of 1000-122-05.3.3. VINCENT GRIFFO, by I.L. Zomng Ordinance, Article III, Appeals to be held on 7:45 p.m. Application of price, Esq. SE8 Front Street, Section 100-31 for permission IE SUFFOLK TIMES, a Weekly THURSDAY, JULY 26, 1984 JOSEPH A. WANAT, by A. A. Greenport, NY for a Variance to construct deck addition to ed at Greenport, in the Town commencing at 7:30 p.m., at Wickham, Esq., Main Road, to the Zoning Ordinance, dwelling with reduction of the Southold Town Hall, Main Mattituck, NY for a Variance Article III, Section 100-32 for frontyard setback from Cedar ~ of Suffolk and State of New Road, Southold, NY, and as to the Zoning Ordinance, permission to construct terms Point Drive East. lotice of which the annexed is follows: Article III, Section 100.31, court. and pavillion, both Ident~cation of Proppeerty: 80 7:35 p.m. Application of BuIIFSchedule, for approval of accessory to a proposed one- Lakeside Drive (a/k/a 675 ~ been regularly published in 30UTHOLD E@UITtES, insufficient width of parcelto family dwelling and both Cedar Point Drive EasU, nce each week for one INC., 195 Youngs Avenue, be ~ f Waaated on a private accessory buildings to be Southold; Cedar Beach Park 19th Southold, NYfora Variance to ~'o Y at the north side located in an Brea other than Subdivision Lot No. 81; County commencing on the the Zoning Ordinance, Article of eo Avenue, Mattituck; the required rearyard, at Tax Map Parcel No. 1000.90- t9$~ VII, Section 100-71 for Co ty Tax Map Parcel No. premises known as 3765 ' 03-014. approval of insufficient area 101201-016. Robinson Road (West Side of 8:35 p.m. Recessed of two proposed lots which 7% p.m. Recessed Bridge or Briar Lane), Hearing: ARTHUR R. \ contain existing buildings, the H g: HENRY P. SMITH. paradise Point Subdivision TRUCKENBRODT, et al fcr a \ ~ ~ northerly lot having frontage V ce for approval of two Lot 12 and part of parcel reversal of interpretation of ~ along Traveler Street, and the with insufficient area known as County Tax Map Building Inspector concerning I, southerly lot Having frontage ~ m this B-1 Business 100051-1-16.1. property of D.I. Abbott and Principal Clerk along Main Road in the District, West Side of 8:05 p. m. Application of J T. Swanson, Private Road Hamlet of Southold; County P c Lane, Peconic. 1000- NICHOLAS AL[ANO, 3800 No. 7 (a/k/a Diedericks 7 - and 3 (9.2). Road), Orient; 1000-18-03-005. this 19th Tax Map Parcel No. 1000-061- Duck Pond Road, Cutchogue, i-15.1(15). P•m. Application of NY for a Special Exception to Those desiring to be heard Ig 84 7:40 p.m. Application of J , GtANNARIS AND the yqn~ Ordinance, Article may do so in person, in JOHN SIMICICH, by Charles O RS, by D. Kapell, 400 VI, Section 100-60(B)[1)(b), writing, or by attorney or R. Cuddy, Esq., 108 East Main Sweet, Greenport, NY Article V, Section 100-50(B)[47, other representative. For Street, Riverhead, NY for fo Variance to [he Zoning for permission to establish additional informafion, please Variances to (a) the Zoning Article XI, Section and build four two-story motel contact our office, 765-1809 (or Ordinanrn, Article III, Section 1 12tH) for permission to buildings containing 10 motel 1~)• i 100-31, Bulk Schedule, for adjacent easterly uti(s for transient use an Dated: July 3,1984. approval of insufficient area P . tees of the Village of office building of 2,500'sq. ft. in BY ORDER OF and width of parcel in this ~ •76;+ acreage for area on this 3.721-acre parcel T~ SOUTHOLD TOWN ~~~'~FFO~c~ • Southold Town Board of A eals ~o ~ PP ~l/1 ~ ~~0~ MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE 1516) 765-1809 APPEALS BOARD MEMBERS July 9, I984 GERARD P. GOEH RINGER, CHAIRMAN CHARLES GRIGONIS, JR. $ . E . Q . R. A. SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Si nificance APPEAL NO.: 3256 PROJECT NAME: SOUTHOLD EQUITIES 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 insufficient area of lots in this proposed division of property. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Main Rd., Traveler St., Southold, NY; County Tax Map Parcel No. 1000-6I_I-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 area. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, 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. • ~ c~~EFOI/~CO~` 0 Town Hall, 53095 Main Road ~?0 ~ P.O. Box 728 '~1 ~`a~ Southold, New York 1 1971 JUDITH T. TERRY ~ TELEPHONF, TOWN CLERIC (516) 765-1801 RecisTRnR a~ VITAL Srn ris~ncs OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 4, 1984 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3256 application of Southold Equities 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. Yeudi~,l~rth iT. Terry v ~outhold Town Clerk Page 3 - Legal Not • Public Hearings for m y 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 & Angel 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 Hig ins, Garden City Howard E. Pachman, Esq. for Truckenbrodt and others William W. Esseks, Esq. for Abbott and Swanson ZBA board members n Town Clerk Bulletin Board • J w Suffolk Times, Inc. for publication July 19th ~ N ~ L.I. Traveler-Watchman, Inc. " ,y ~ Individual files for reference V < u' a: ? ~ z ¢i0° ~ o c = zr Z ~ ti Z Q N e ` ~ ~ G,~ ~m~~ ~A~ e~`~ r • "`yam' ~~<f'~.lLii~ v ~ - ~e ~ ~ ~ ~ . • • . REClIVED ~ • UUN O 4 X984. TOWN OF SOUTHOLD, NEW YORK APPEAL F~l~l11AO~A OF BUILDING INSPECTOR APPEAL NO. ~ ~~5 DATE TO THE Z(/ONIN_.GyJBOARD~-OF APPEALS, TOWN OF SOUlTpHOLD, N. Y. 1, iWe)J~!!'1.O~G~C% A,tf~C~„f.~~.C....of....:1..1.~..~.~r.~r.~g.~...~J~ Name of ppellont Street and Number ...~~.u.'~o.(cP........N.~..Y:..<..Lq.7.~ .........zU :~lt.....HEREBY APPEAL TO Munic oli Stat THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON ~`"c ~ SuBai?/~sioni Sci-oFF APPLICATION DATED: ~t l9Fy FOR: WHEREBY THE BUILDING INSPECTOR DENIED TO ~ t -,n~_4 ..................SO.~t;~~n..~.........~.~~..`~::~~I:PS / 1~Ct Name of Applicant for permit of _ F Y................................................... Street and Number Munici alit State ( ) PERMIT TO USE ( ) PERMIT FOR OCCJ,),(?A~N~ Y~ Q (,/f PERMIT TO RR-YtgYtk I, (~Nh (~q`~jparG~C S ~~G(S ran 1. LOCATION OF THE PROPERTY ../..'./.Nl..l ~.........~......:...~Q7.4f.`~.I!?Q.l Street and Hamlet Zone l(~' ~ ~ ~ ~ I OWNER(S) c:9 a-~O~v~.....:.~ju.~Y-teS~~C- Mep No. Lot No. 6-~~- D.~ DATE PURCHASED• 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article V~1 ,Section iao-~~ ~~Uilv~uu< 7nM~°<'~~dIZ "fd~~1c~Uir~e_/~Ytral~t~~r~ 3. Tyf'E OF APPEAL Appeal is made herewith for ~J A~17-~ `.r A VARIANCE to the Zoning Ordinance or Zoning Map 13u~,¢ r~ ~lpo'Lt~e /00 ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ` ~ S(~T 1 i/) ~ ~~~P~ ~ Y GI G2 c1 [ l~ D Q- P C~~ ~ P C ( S i 0 °1 r9 a1 17~1[t Sl ~ v1 4. PREVIOUS APPEAL A previous oppeo~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property, Such cppeol was ( )request for a special permit ( ~equest fat a variance ~ ~i rr7~ and was mode in Appeal No......3/ ..............Dated ......1.~.K.!Y.t`.-...I..7i.~.~I..!f:3.............................. REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Varian~cpe to the Zoning Ordinance 11 "O~~ ~ ~d w c v~ q `C~ocrr ~S 1'` C' 1 S ~ o ~n ©t~ S a 6~ 1 S 1 ~a ~ (vY / is requested for the reason that we would like to Cli%b/ c%, ~/~e Rats S (4 S s~to~.Jn ~n ~-/,e ~~'u6NCi IrPd ~SU~?ey ,~-tads . Form zst (Continue on other side) , REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP becaus-e ,,_p /h,,,, ~ n „ ~L„ , C~~LC-2~C~ L'~- i~ 7. The hardship created is UNIQUE and is not shared by all properties olike in the immediate vicinity of this property and in this use district because ~ ~ ~ ' 3 '~,e~~riance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE c. CHARACTER OF THE DpISTRICT because /1 / ~~D ~ e 5 l ~ It {i~-O Gc K ~C ~ w 5' ~ Q/7Q r ~ S nil a l ~e l~ ~n c2 O ti r r~~ STATE OF NEW YORK ) ) ss COUNTY OF 3u~Ie.~~) Signature Sworn to this day of.......~..... 19 NELEN iC. DrE VOE . ~......~Q:.... dt.- NOterm f plie'i Mauectf ~d °Iw YarM Notary Public Jg~ BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter of the Petition of NOTICE TO to the Boud of Anneals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold torequesta (Variance) (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of a Petition is located adjacent to your property and is des- cribed as follows: So . S ~ ~o ~ ~ fi~ ~v ¢ 1 S'1~~-'1`~ ~o ud~o ~ 3. That the property which is the subject of such Petition is located in the following zoning district: 1 ~ccS NeSS 4. That by such Petition, the undersigned will request the following relief: / O J~ E~ D ~7'- j ~ ~ o~ C~Opn ta--~t /I r h ~P 3 ~ r~ S'_ S,r, ~d2-o wr ~ , l / f~ 5. That the provisions of the Southold Town Zoning Code applicable to the relief soyygght by [he under- signed are Article k (1 Section- f 0 O - rJ~ Brc / h' ScGt e cYu. ~ 2. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7Ei5-1809. : 7. That before tfie relief sought may be granted, a public hearing must be held on the matter by the s`'Boaid of Appeals; that a notice of such hearing must be published at least five days prior to the date of such 4;earing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the •,~own of Southold and designated for the publication of such notices; that you or your representative have the t y'ti~t to appear and be heard at such hearing. , ted. -c ~ a~~~.r~-~Qm' a Petitioner ~ it z. - Post Office Address /1~ x ,l~L~, J©GL B ~ l/~ r ~/I"~ °y VJ. l 4*i . i ~ ~ ~ ~JJ ~a. a br ~ s : } . 5 _ S ~ t~ ~ uii eye i ,,.jrry®y^zessA£:... .2A< ~ % e ~ - OTICE CEIPTS { ~ ~ o ~ ~ r` o o~ ~ P 565 484 971 ~ W iiC ~ ~ "'z „ ~ or ~ r~'o ~ ~ •t o m ~ 19~ j RECEIPT FOR CERTIFIED MAIL a c~ m' a a n ~ v W C d LL ;p c LL NO INSURANCE COVERAGE PROVIDED v1 g cWiZ _ LL ~ N m ii NOT FOR INTERNATIONAL MAIL -~-V z tq c { J ~ a m n_° " ~ .ti ~ (See Feverse) 1 1~ ^ Sent t I ~ ~ Street d _ ~ o ,D ~ 14 P.o,~~e tl z~ c 3~ N n S ~ W ~ ~ a Postage $ .oZO b = S ~ O ~ a g d '119 « Cenified Fee ~ m> o ~ i'- ~ ~ ~m ~ ~ m m Special Delivery Fee v ~ u1 ~ r ¢ c~ c° m ~3 I Z m < < I~ Restrictetl Delivery Fee ~ j ~ N Q ~ ~ O. ~ ° ~ v ~ v ~ y°a 6 (V Return Receipt Showing p a ~ ~ 8+ ~ E ~,o ~ ~ ~ to whom and Da Delivered q ` ~ ~ i~ c ~ I H ' n ~ Return r -n om, ~ in a ~ m n a ~ ; ' ^ 'a' ~ ~ Date, ss of VUr3 a U u) ¢ o vm p a° ~ x LL9.60pgPoL'O'd'D'S'D+ ¢o ao TOT s[ag^ es f S ~b ZBBL 'qej 'OOBE tu~oj Sd ~ a ~ E ~ ¢ Po ~ or D ~ C aSi ~i x \ m ; 191 0 t ~ ~ ~ LL y RE'C'D t l LL r to a Q 4 _ j y~ s ~ O a m ? ~ mTl « O Qv ' if8 ~ IZ LL y ~ N ~ y _ ~O N m C v a ~3 r s, o O W N d a° U m° ¢ ¢ o ~ n ZSBL 'qed `DOSE mmj Sd LL9•EOtBBBt'O'd'D'S'D ATE OF NEW YORK) ss.: LINTY OF SUFFOLK) ~ ~/2eT/f}_,__ /~OTI) .residingat ~ ~~GL !~c ~.~'~'2~©Gc~(~j~~f being duly sworn, d oses and says that on the o2r day 19 deponent mailed a true copy of the Notice set forth on the re- ~Yerse side hereof, directed to each of the above-named persons at the addresses se[ opposite their respective 'Y~`:names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on :'y~f•tlfe current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fiee c~ n l ;that said Notices were mailed to each of said persons by 1~'" Mified (registered) mail. r ~ s. X r 4~ Sworn to before me this 3 4~- day of Lt'I n.µ , 19 EJ~.IIe~ Notary Public qy„ ; NELEN K. DE VOE NOTARY PU01.If.. Stave of Neer York ~ No, 4707878. BuUnik CuurtT ~ ,U. Term E><pucs h1xrch 30 19~ 3;,; 'l i, 'pi. a `£,7' .f _ The ~1,Y.S, i;nv~ronmental Quality itevir:w het req~fires suh- • ~ mission of thi~orm> and an envirunaienlal~vicw will be made by this b d before any action is to .iHCRT EN'!L'tOtr~:ENT.4L ASS-5S!•SE."1T FC2M INSTRLCT?O~St (a) In order to answer the questions in this short EAF Sa is assumed that the pre parer will use c~~rrcntly available Srfor.-ation concerning the project and the lively impacts of the action. It is not expected that additional studiae, roaeareh or other investlgstions will be undertaken. (b) If any question has been answered Yes the project may be significant and a ccr..pleced Envlron:ental Assessment Form is necessary. (c) If all yuestlons have been answered No it is likely that this project is nc• significant. (d) Fnvircr_^ental Assessment 1. W111 project result in a large physical change to the project site or physically alter more than 10 acres of land? Yes No 2. Will there be a major change to any unique or unusual land form Sound on the cite? . Ysa = No Will project alter or have a large affect on an existing body of water? • Yes ~ Na 4. Wi'1 project have a potentially large impact. on. groundwater quality? • • • • • • • • • • . . ~ Yee / NO 5. Will project significantly effect drainage flow on adjacent sites? Yes ~ No 6• Will project affect any threatened or endangered plant or animal species? Yes / No 7• Will pro act result in a major adverse effect on air qual~ty? Yea ~ No B. Will project have a vsjor effect on visual char- . aster of the community or scenic views or vistas known to be lmnortant to the cormunlty7 • . Yea l No 9. Will project adversely Sr.:pact any site or struct- ure of historic, pre-historic. or paleontological importance or any site designated as a crltlcal environmental aroe by a local agency? Yea ~ No 10. '8111 project have a major effect on exlating or future recreational opportunitios7 . . Yea ~ No 11. Will project result in major traffic problems or cause a major effect to existing transportatlcn systems? Yas ~ Nc 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes ~ No 1J. W111 project have any impact on pub].Sc hzalGh or safety? Yes ~ No 1L. 14111 project affect the existing community by direc-..ly causing a erowth in permanent popula- tion of more than 5 pzrcent over a one year period or have a major negative effect on t!,e / character of the community or r,ei~nborhooa?. Yes ! No 15. Is there pub 1~ nt versy concerns q the project?~ Yes ~ No C P9EP,L~EE'S SIONATLRE: TIT.LS: R:.PRESS'ITINC: ~ e~ DATE: p/'~2'ti_~ ~/~~L~__ 9irne QUESTIONNAIRE TO BE COMPLETED AND FILED VYITH APPLICATION TO THE Z.B.A. The New York State Tidal Wetlands and Use Regulations, G NYCRR, Part 6GI, requires an application to the N.Y.S. Department of Environmental Conservation, Envirenmental Analysis Unit, Building 40, S.U.N.Y., Stony Broolc, NY 11794, (tel. 516-751-7900), if you have checked Box #I 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. [ J 1. Waterfront without bulkheading [ ] . 2. .Waterfront with bulkheadiny in yuod condition [ ] .the full length of the property [ ] at least 100' in length [ ]~]/3. Not located within 300' of waterfrc.r3t or wetlands area [ ] 4. May be located within 300' of waterfront or wetlands area; however, the following structure separates my property from this environmental area: [ ] 50' existing road [ ] existiny structures [ ] bluff area more than 10' in elevation above mean sea level [ ] 5. This proposed addition/expansion of an existiny 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. I ] 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 end approval. If you are able to provide thorn with recent photographs of 4he project and wetland areas, it would help expedite the processing of your applica- tion. This questionnaire is made to explain the requiremr_nts of this State L_aw and to prevent any unnecessary delays in processing your application(s). loiaalk ~ J i ~,l ~ Q~', .1 A4,, t ~7~* _ S~i'~ ~ ~ ~ 1 y. • ~i , ,