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Home My WebLink AboutFL-14Southold Town Board of Appeals I~AIN RDAD- BTATE RnAD 25 SOUTHOLD, L.I., N.Y. '13971 ACTION OF THE ZONING BOARD OF APPEALS TELEPHONE (516) 765-1809 Appeal No. FL-14 Application 'Dated June 10, 1983 (Public Hearing held 7/28/83) TO: Mr. Garrett A. Strang, as agent for [Appellant(s)] ORIENT-EAST MARION PARK DISTRICT 54655 Main Road Southold, NY 11971 At a Meeting of the above on your the Zoning Board of Appeals held on July 28, 1983 appeal was considered, and the action indicated below was taken [ ] 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 , Section [X] Request for Variance to the Floodplain Management Law Chapter 46, Sections 46-7 and 46-18B The public hearing on this application was held on July 28, 1983. Upon application for ORIENT-EAST MARION PARK DISTRICT, by Garrett A. Strang, 54655 Main Road, Southold, NY for a Variance to the Floodplain Management Law, Chapter 46, Sections 46-7 and 46-18B for permission to construct sanitary facilities with first floor below the minimum required flood elevation level. Location of Property: North Side of Main Road, East Marion, NY; County Tax Map Parcels No. 1000-017-05-006 and part of 007; 1000-023-02- part of 001 and 003. The board made the following findings and determination: By this application, applicant seeks permission to construct the first floor of the proposed sanitary building at an elevation of 6'-7" above mean sea level, at variation from the required 12 feet above mean sea level in this A-10 Flood Zone. The premises in question is located at the northerly side of Main Road, Orient. The ground elevation in the area of the proposed construction at approximately 6.5 feet as shown on survey prepared June 6, 1983 by Roderick VanTuyl, P.C. The building is to be located at the southwest corner of the premises, approximately 20' from the westerly side line and 40' from the front property line at its nearest point. The only improvements existing on the premises in question is a small "ticket booth." For the record, it is noted that applicant has received approvals from: (1) the N.Y.S. Department of Environmental Conservation on July 8, 1983, under Permit ~10-83-0681, and (2) the County Department of Health Services May 26, 1983 under Permit Ref. No. EM-9. In passing upon this application, the board has considered all technical evaluations; all relevant factors; all standards speci- fied in the Code; and all of the applicable factors contained in Section 46-15B, subdivisions (1) through (11), inclusive, of the Code. (CONTINUED ON PAGE TWO) DATED: Form ZB4 August 16, 1983. (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. FL-14 Matter of ORIENT-EAST MARION PARK DISTRICT Decision Rendered July 28, 1983 The board further finds and determines that: (t) there is a good and sufficient cause for the grant of this variance; (2) a failure to grant the variance would result in exceptional hardship to the applicant; (3) the grant of a variance will not result in increased flood heights, or additional threats to public safety, or extraordinary public expense, or conflict with existing local laws or rules or regulations. Now, therefore, on motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, that the ORIENT-EAST MARION PARK DISTRICT, applicant herein, be and hereby is GRANTED a Variance from the Provisions of the Flood Damage Prevention Law of the Town of Southold to construct the lowest (first) floor at 6'-7" above mean sea level at premises identified as County Tax Map District 1000, Section 017, Block 05, Lots 001 and 002 (combined); and located at the north side of Main Road, Orient, NY; and it is FURTHER RESOLVED, that pursuant to the provisions of Section 46-16F of the Code, the applicant is hereby given notice that the structure for which this variance is granted will be permitted to be built with the lowest floor elevation below the base flood elevation as requested and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation; and it is FURTHER RESOLVED, that the Secretary to this Board transmit copies of this determination to the applicant and to the Town Building Inspector. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. RECEIVED AND FILED BY THE SOUTHOLD TO¥~N CLERK ~.rk, To~ o~ Sou~hoX8 Southold Town Board o£ Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I., N.Y. 11cJ71 TELEPHONE (516) 765-1809 APPEALSBOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLESGRIGONI$.JR, SERGE DOYEN, JR. ROBERTJ. DOUGLASS JOSEPH H. SAW1CKI NOTICE IS HEP~EBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a:Regula~ Meeting and the following Public Hearings will be held by the Southold Town Zoning Board of Appeals at the Southold Town Hall, Main Road, Southold, New York, on THURSDA~~ commencing at 7:30 o'clock p.m. and as follows: 7:30 p.m. Recessed Hearing: Appeal No. 3138 - ALFRED J. TERP. 7:35 p.m. Application of THOMAS KENNEDY, 120 Log Road, Pat- chogue, NY 11772 for a Variance to the Zoning Ordinance, Article III, Section 100-30(A) for permission to use property for business pur- poses, ~o wit: Video Tape Rental and Equipment Sales, at premises located at 33260 S.R. 25 and 225 Eugene's Road, Cutchogue; Filla Minor Subdivision Map 72, Lot 1; County Tax Map Parcel No. 1000- 097-02-016.5. 7:40 p.m. pplic tion OR NT-E S MAR 0 Garrett A. Strang, 5463'5 Main Road, Sou~hold, NY for a Varianc~ to the Floodplain Management Law,~Chapter 46, Sections 46-7 ~nd[ 46-18B for permission to construct sanitary facilities with first% ~ floor below minimum required fl~od elevation level. Location of ( %property: North Side of ~ain Road, East Marion, NY; County Tax IMap Parcels No. 1000-017-05-006 and part of 007; 1000-023-2-par~ 001 and 003. %-/ 7:45 p.m. Application for RVSS, Inc. (Razmataz), by Garrett A. Strang, Main Road, Southold, NY for a Variance to the Zoning Ordi- nance, Article III, Section 100-112H for permission ~o develop and use parking on adjacent (leased) property identified as County Tax Map Parcel No. 1000-125-01-19.1; 1000-122-6-36. 7:50 p.m. Application of ROBERT W. GILLISPIE III, Main Road, East Marion, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71, and Bulk Schedule, for approval of insufficient area, width and sideyard setbacks of building in this proposed two-lot division of property located at the northeast corner of Beckwith Avenue and Main Road, Southold, NY; County Tax Map Parcels No. 1000-061-02-005, 006, 007. Page 2 - Legal Notice of Hearings Regular Meeting of July ~f, 1983 Southold Town Zoning Board of Appeals 8:00 p.m. Application for RICHARD DeMARIA, by Garrett A. Strang, Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-34 for permis- sion to construct addition with reduction in rearyard setback at 900 Minnehaha Boulevard, Southold, near Laughing Waters; County Tax Map Parcel No. 1000-087-02-006. 8:05 p.m. Application of SOUTHOLD EQUITIES, INC., 195 Youngs Avenue, Southold, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-70 for permission to establish residential and studio use of an existing building in this "B-1 General Business" District, located along the south side of Traveler Street, Southold, NY; County Tax Map Parcel No. 1000-61-01-015. 8:10 p.m. Application of DAVID AND BONNIE PASCOE, 900 ~aywaters Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-119B for permission to erect 6' fence which would exceed the maximum-height requirement along the front yard, at premises known as 900 Haywaters Road, Cutchogue; Nassau Point Properties Map 763, Lot 11; County Tax Map Parcel No. 1000-111-03-06. 8:15 p.m. Application for ROKE'S MARINA, INC., Esq., Main Road, Mattituck, NY, appealing a decision inspector to vacate Order to Remedy Violation, pursuant to Article Section 100-121A. Provisions of the Zoning Ordinance Appealed: Articles I, 100-13; II, 100-23A; VIII, 100-80(B) [14] & [15]; XIV, 100-144~A) I2] (B); XI, 100-118. Location of Property: East Side of New Suffolk Road, New Suffolk, NY; County Tax Map No. 1000- 117-5-28 & 29. by A.A. Wickham, of the building XII, 8:25 p.m. Application of PHILIP FRUMENTI, 3825 Stars Road, East Marion, NY for a Variance to the Zoning Ordinance, Articl~ III, Section 100-32 for permission to construct carport in the frontyard area, at 3825 Stars Road, East Marion, NY; County Tax Map Parcel No. 1000-022-06-026. 8:30 p.m. Application of JACK AND LEE LEFKOWITZ, (F.J. Christie, ~nd wife, owners), 25 Downing Avenue, Sea Cliff, NY 11579 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct one-family dwelling with an insufficient frontyard setback, at premises located on a private right-of-way off the north side of Summit Drive, which premises also fronts along the south side of Sound Beach Drive, Mattituck, Cpt. Kidd's Estates Part of Lot 11; County Tax Map Parcel No. 1000-106-01-042.1. 8:35 p.m. Application of JOHN ANTONIOU, 155 East Road, Matti- tuck, NY for a Variance the Zoning Ordinance, Article III, Section Pa~ge 3 - Legal Not~ce of Hearings Regular Meeting of July ~f, 1983 Southold Town Zoning Board of Appeals 100-34 for permission frontyard setback, at Estates Map 1672, Lot to cons~ruc~ deck addition with &n insufficient 155 East Road, Mattituck, NY; Cpt. Kidd's 111; County Tax Map Parcel No. 1000-106-03-009. 8:45 p.m. Application of HENRY AND VIRGINIA STEINBRECHER, 1525 Haywaters Road, Cutchogue, NY for a Variance to the Zoning Ordi- nance, Article III, Section 100-31 for permission to construct addition with an insufficient frontyard setback, at 1525 Haywaters Road, Cutchogue, NY; Nassau Point Subdivision, Section D, Map 8~6, Lot 333; County Tax Map Parcel No. 1000-111-4-12. DATED: JUNE 30, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN For further information, please contact Linda Kowalski at the Southold Town Hall 765-1809 (or 1802). Copies to tne following on or about July Mr. Alfred J. Terp Mr. Thomas Kennedy Mr. Garrett A. Strang Mr. Robert W. Gillispie, III Southold Equities, Inc. Loretta DiMaggio, Street, Massapequa Park, NY 11762 Mr. and Mrs. David Pascoe Abigail A. Wickhara, Esq. for Rok~'s Marina Mr. Philip Frumenti Mr. and Mrs. Jack Lefkowitz Mr. John Antoniou Mr. and Mrs. Henry Steinbrecner Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. Supervisor Town Board Members Z.B.A. Members Building Department Planning Board Town Clerk Bulletin Board 11, 1983: President, 390 Rose FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE,OF DISAPPROVAL File No ................................ Date ... Locati~ of ~o~y ,~... ~.~..~ :~'....~./.. ...... ~!,. z~.~, .~,: County Tax Map No. 1000 Section ...... <:>/.~.x~d~.... Block Srr~r~ ~.~/d~...,/:.~. . . Lot ~, .~,.-~t~-a: :~..,t-?.O. ~' ~am/et./~/,3 TM Subdivision ....... -....% ..... Filed Map No ..... ~ ........ Lot No ........ ;- ......... .~... <~. ~......?¢~ .¢..z~... ~q.-..4 ¢...-.. ~.~.~.< .¢~..... (¢.¢0. :'.. x~.~.~?.,,¢~,¢..., 0..¢'....~. ::7..:'.. ¢;(~.: c~(...-~f~;:7..-~: .4 cz:. ~.~.,':~ ./T Building Inspector RV 1/80 RECEIVED ~ ~ I JUN 1 0 ]983 TOWN OF Sou'rH~D, NL~V~ YORK T0wD 81erl( R~,EAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) .~.~.;.,~.~...~,Z,~..~.~.~.~g. ....................... of ...... 5.4.~.~.~...~.~...~,.~ ..................................... Nome of' AppeII°nt Street and Number ................. .S.g.g.~..h..o...L.~......; ...................................................... ..~..e..~...I.¥..o..~..~....HEREB¥ APPEAL TO ~icip01ity State THE ZONING BOARD O~ AppEALs FROM THE DECISION OF TH£ BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...~..a.g....6..,...J..9..8..3.. ........................ wHEREBY THE BUILDING INSPECTOR DENIED TO Ga.r, rett A. Stran~ ~ ~/~ /~-~ Name of Applicant for permit of Same Street and Number Municil:~Jity State PERMIT TO USE PERMIT FOR OCCUPANCY (X) Permit to Construc% I. LOCATION OF THE PROPERTY ..N...L.S.....M...a.i.~....R.d..:..~.,...,~r.ip~ ........... .A.r.R..e,A~..d..,e.,n..t..~..a,..1' .... Street Use District an Zoning Map Tax Map ~ 1000-017=.05-6&p.,o.7x ]000-023-02-p.o.q&3 Map No. Lot No. 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.) Section 46-7 & 46-18B _ TYPE OF APPEAL Appeal is made herewith for A VARIANCE to the Zoning C~din~nce or Zon ~ng Map - Floodplain Managemen5 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 (~,)~l (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 2BOA Subsection 3 ( ) A Variance to the Zoning Ordinance (X) A Varianc~ to Floodplain Management Ordinance ~s requested for the reason that Conformance with required height above Sea Level would Render the building inaccessible. Elevation +6'-7" Proposed Elevation +12' Required ~'o~ ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties 6r Ui~ne~es- sory HARDSHIP be~use The building would have to be constructed six feet above existing grade making its facilities unavailable to Handicapped patrons. 2. The hardshia created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because Th~ building is a comfort station for use by Bathers at a Public Beach. It ~s no~ a residence and will be used only four months a year. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CttARACTER O}T TH~' DISTRICT because The building wilt be the only one of this nature -in ~th~ .;area. STATE OF NEW YORK ) ) ss COUNTY OF ~U~/c ) Sworn to this .. day of. x/~.'~- 19 ~rr'$ Notary Public NOTARY t~d~Ll~. Stc~t~ of ~ Yo~. No, 4730095 COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 August 23, 1983 Town of Southold Board of Appeals Applicant: Orient-East Marion Park District, FL #14 Gentlemen: Pursuant to Sections 1323 to 1332 of the Suffolk County Charter, the above referenced application is not within the jurisdiction of the Suffolk County Planning Commission. Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner GGN:jk Southold Town Board of Appeals MAIN I~OAD- BTATE I~OAD ~5 SOUTHOLD, L.I., N.Y. 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 , Section Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section __ Special Permit xx Variance from the Floodplain M~nagement L~w, and 46-I8B Appeal No.: FL-I4 Applicant: ORiENT-EAST MARION PARK DISTRICT Location of Affected Land: N/s M~in Rd., East Marion County Tax Map Item No.: 1000- 017-05-006p/007! I000-023-02p/00~ & 003 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 ~~ permission to construct s~nit~r¥ facilities below the minimum required flood elevation level. Chapter 46, Sections 46-7 Copies of Town file and related documents enclosed herewith for your review. Dated: August 'q , I983 ~ .~/~-~/--~ Temp- Secre~ry, Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE: ROAD 2.5 E;OUTHOLD, L.I., N.Y. 11971 TELEPHONE t516) 765-1809 August 16, 1983 Mr. Garrett A. Strang 54655 Main Road Southold, NY 11971 Re: FL #14 - Orient-East Marion Park District 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. 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 B/~Linda F. Kowalski Secretary 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 Re applicable. PERMIT PERMIT NO. UNDER THE ENVII~ONMENTAL CONSERVATION LAW [] ARTICLE 15, (Proteclion of Water) [] ARTICLE 25, (Tidal Wetlands) U ARTICLE 24, (Freshwater Wetlands) [] ARTICLE 36, (Construction in Flood Hazard Areas) PERMIT ISSUED TO Orient-East Marion Park District by Strang ADDRESS OF PERMITTEE Route 25, Orient, I~ 11757 LOCATION OF PROJECT (Section of stream, tidal wetland, dam, building) Orient-East Marion Park (Truman's Beach), north s~de of Main Road, Long Island Sound, DESCRJ~J~ CJJJ3~IL~J. JJ~T Install new toilet facility 40' seaward of Main Road and sanitary disposal system 8' seaward of Main Road, both greater than 100' landward of mean high water. Ail activities as per supplied plan received 6/2/83. COMMUNITY NAME (City, Town, Village) East Hari~n JTOWN Southold GENERAL CONDITIONS 1. The permittee shall tile in the office ol the approwiate Regional Permit Administrator, a notice of intention to commence work at least 48 hours in advance of the time of commencement and shall also notify him promlXly in writing of the completion of the work. 2. The permitted work shall he subject to inspection by an authorized representative of the Department of Environmental Conservation who may order the work suspended if the public interest so requires. 3. As a condition of the issuance of this permit, the applicant has ac- cepted expressly, by the execution of the application, the full legal respon- sibility for alt damages, direct or indirect, of whatever nature, and by whon~ ever suffered, arising out of the ~oject described herein and has agreed to indemnify and save harmless the State from suits, actions, damages and costs of every name and description resulting from lhe said ~'oject. 4. Any material dredged in the prosecution of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of the waterway or flood plain or deep boles that may have a tendency to cause injury to navigable channels or to Ihs banks of Ihs walerway. 5. Any malerial to be deposited or dumped under this ~ermit, either in the walerway or on shore above high-water mark, shall be deposited or dumped at the locality shown on the drawing hereto attached, and, if so wescribed thereon, within or behind a 5ond and substantial bulkhead or bulkheads, such as will prevent escape of the material into the waterway. 6. There shall be no unreasonable interference with navigation by Ihs work herein authorized. 7. That if future operations by the State of New York require an alteration in the position of the structure or work herein authorized, m if, in the opinion of Ihs Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows 9r endanger the health, safety or welfare of the people of the State, or loss or destruction of the natural resources of the State, the owner may be ordered by the Depart- ment to remove m alter the structural work, obstructions, or hazards caused thereby without expense to the State; and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification ot the watercourse hereby authorized shall not be completed, the owners shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account ot any such removal or alteration. 8. That the State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may he caused by or result from future operations undei'takon by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shell accrue from any such damage. 9. That if the display of lights and signals on any work hereby authorized is not otherwise provided for by law, such lighls and sisnals as may be scribed by the United States Coast Guard shall be installed and maintained by and at the eaponse of the owner. 10. All work carried out under this permit shall be performed in accor- dance with established enRineertng Ixactice and in a workmanlike manner. 11. If granled under Articles 24 or 25, the Department reserves the right to reconsider this apb'oval at any time and after due notice and hearins to continue, rescind or modify this permit in such a manner as may be found to be just and equitable. If upon the expiration or revocation of this permit, the modification of the wetland hereby authorized has not been completed, Ihe applicant shall, without expense lo the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 12. This permit shall not be construed as conveying to the applicant any right to trespass upon the lands or interfere with the riparian rights of others to perlorm the permitted work or as authorizing the impairment of any rights, title or interest in real or personal properly held or vested in a person not a party to the permit. 13. The permittee is responsible for obtaining any other permits, ap- provals, lands, easements and rights-of-way which may he required for this project. 14. If granted under Article 36, this permit is granled solely on the basis of Ihe requirements of Article 36 of the Environmental Conservation Law and Part 500 of 6 NYCRR (Construction in Flood Plain Areas having Special Flood Hazards - Buildin5 Permits) and in no way signifies that the project will he free from flooding. 15. By acceptance of this permit the permittee agrees that the permit is contingent upon strict compliance with the special conditions on the reverse side. 95-~o-4 (9/75) (SEE REVERSE SINE) SPECIAL CONDITION5 See additional conditions A-J PERMIT ISSUE DATE July 8, 1983 cc: USACE IPERMITADMINIST~TOR ~J~ADDRESS Daniel J, Larkin NYDEC Bldg 40 SUNY Stony Brook NY NOTICE NOTICE IS HEREBY GIV- EN pursuant to Section 267 of, the Town Law and the Provi- sions of the Amended Code of the Town of Southold, & Regular Meeting and the following Public Hearings will be held by the Southold Town Zoning Board of Appeals a~ the Southold Town Hall, Main Road, Soathold, New York, on THURSDAY, ,JULY 28, 1983 commencing at 7:30 o'clock p.m. and as follows: 7:30 P.M. Recessed Hear- lng: Appeal No. 3138- AL- FRED ,J. TERP. 7:35 P.M. Application of THOMAS KENNEDY, 120 Log Road, Patchogue,' N.Y. 11772 for a Variance to the Zoning Ordinance, Article IH, Section 100-30(A) Tot permis- sion to use property for business purposes, to wit: Video Tape Rental and Equip- ment Sales, at premises locat- ed at 33260 S.R. 25 and 22~ Eugene's Road, Cutchogue; Filla Minor Subdivision Mal~ 72, Lot 1, County Tax Map Parcel No. 1000-097-02-016.5.% ~' 7:40 P.M. Application for~ / ORIENT - EAST MARION I PARK DISTRICT, by Garrett A. Strang, 54655 Main Road, Seuthold, N.Y. for a Variance to the Floodplain Management Law, Chapter 46, Sections 46-7 and 46-18B for permission to construct sanitary facilities with first floor below minimum required flood elevation level. Location of Property: North Side of Main Road, East Marion, N.Y.; County Tax Map Parcels No. 1000-017.05. 006 and part of 007; 1000-023:2 -part of 001 and 003. 7:45 P.M. Application for RVSS, Inc. (Razmataz), by Garrett A. Strang, Main Road, Southold, N.Y. for a Variance 195 Youngs Avenue, $outhold, N.Y. for a Variance to the Zoning Ordinance, Article VII, Section 100-70 for permission to establish residential and studio use of an existing building in this "B-1 General Business" District, located' along the south side of Travel- er Street, Southold,' N.Y.; County Tax Map Parcel No. 1000-61-01-015. 8:10 P.M.Application of DA- VID AND BONNIE PASCOE, 900 Haywaters Road, Cut- chogue, N.Y. for a Variance to the Zoning Ordinance, Article IH, Section 100-119B for per- mission to erect 6' fence which would exceed the maximum. height requh'ement along the front yard, at premises known as 900 Haywaters Road, Cut. chogoe; Nassau Point Proper- ties Map 763, Lot Il; County Tax Map Parcel No. 1000-111- 03-06. 8:15 P.M. Application for ROKE'S MARINA, INC., by A.A. Wickham, Esq., Mal~ Road, Mattituck, N.Y., ap- pealing a decision of the building inspector to vacate ' Order to Remedy Violation. . pursuant to Article XII. Sec- ~0 COUNTY OF SUFFOLK 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 /~' ~ Sworn to before me this ............... /....~.....-'-~.. ...... day of .......... .................. , Nota'~'~l~ii~"~ .... CLEMENT j. THOMPSON NOTARY PUBLIC, Sta~e of ~low York t~o. 52.932i 725 R~din~ in ~u.olk County ~m~n ~res March 30, 19 ~ LEGAL NOTICE i~ NOTICE IS GIVEN, pursuant to Sactiou~ 267 of the Town Law and the-' Provisions of the Amended~, Code of the Town of Southold,.~ a Regular Meeting and tho~, new oy the Sauthold Tow~.~ Zoning Board of Appeals the Sauthold Town Hall, Ma Road, Southnid, New York, on'~ THURSDAY, JULY 38. 1083~ coramencing at 7:30 p.m. and as follows: · 7:30 p.m. Recessed~ Hearing: Appeal No. 3138 :j~ ALFRED J. TERP. 7:35 p.m. Application THOMAS KENNEDY, 120 Lo~ Road, Patchogue, NY 11772 for a Variance to the Zoning Ordinance, Article III, Section 100-30(A) for permission to use property for business purposes, to wit: Video Tape Rental and Equipment Sales, at premises located at 33260 ~. 25 and 225 Eugene's d, Cutchogue; Fiila Minor Subdivision Map 72, Lot 1; County Tax Map Parcel No. 1000-097-02-016.5. / 7:40 p.m. Application for~ ~ORIENT-EAST MARION[ [~ARK DISTRICT, by Garrett ~ . Strand. 54655 Main Rend Southdi~ for a Variance t~ the Fh~iath Management Law, Ch~ter 46, Sections 46-7 and 46-18B for permission to construct sanitary facilities with first floor below minimum required flood elevation level. Location of~ Property: North Side of Main~ Road, East Marion, NY; County Tax Map Parcels No. 1000-017.O5.O06 and pert of 007; lO00-023-2-~a,,rt of 001 and 003~ , - ~ ..*o p~m. Applicatloll-lor RVSS, Inc. (Razmataz), by Garrott A. Strang, Main Road, Southold, NY for a Variance to County Tax Map P~I~ No. 3:30 P.m. Applicai]on of JACK AND LEE LEFKOWITZ, (F. J. Christie, and wife, owners), 25 Downing Avenue, Sea Cliff, NY 11579 for a Variance to the Zoning Ordinance, Article HI, Section 100-31 for permission to construct one-family dwelling. · with an insufficient frontyard setback, at premises located on a private right~of-way off the north side of Summit Drive, which premises also fronts along the south side of the Zoning Ordinance, Article Sound Beach Drive, iii, Section 100-112H for Mattitock, Cpt FJdd'sEstatos permission to develop and il Part of Lot 11; County Tax use parking on adjacent Map Parcel No. 1000-106-01- (leased) property identffied as ~' 042.1. · County Tax Map Parcel No. i~:~ ~ ~ S:35 p.m. Application of .1000-125.O1-19.1; 1(}~0-122-6-36. ;~ JOHN ANTONIOU, 155 East 7:50 p.m. Application of ~ ! Road, Mattituck, NY for a ROBERT W. GILLISPIE III, ;;/ Variance to the Zoning Main Road, East Marion, NY . Ordinance, Article III, Section for a Variance th the Zoning Ordinance, Article VII, Section 100-71, and Bulk Schedule, for approval of insufficient area, width and sideyard setbacks of building in this proposed two-lot division of property located at the northeast corner of Beckwilh Avenue and Main Road, Southold, NY; County 100-34 for permission to construct deck addition with an insufficient frontyard setback, at 155 East Road, Mattituck, NY; CpL. Kidd's Estates Map 1672; Lot Ill; County Tax Map Parcel No. 1000-106-03-009 .; 8:45 p.m. Application of HENRY AND VIRGINIA. STEINBRECHER, 1525 Hay- Tax Map Parcels No. 1000-061- waters Road, Cutchogue, NY 02-0~, 006, 007. for a Variance to the Zoning 8:00 p.m. Application for Ordinance, ArticlelII, Saction RICHARD DeMARIA, by 100-31 for permission to GarrettA. Strang, MataRoad, . construct addition with an Southold, NY for a Variance to insufficient frontyard setback, the Zoning Ordinance, Article at 1525 Haywaters Road, III, Sections 100-31 and 100-34 · .Cutchol~e NY Nassau Point for permission to construct . Subdivision, Section D, Map addition with reduction in . 806, Lot 333; County Tax Map rearyard setback at 900 ParcelNo. 1000-111-4-12. Minnehaha Boulevard, DATED: JUNE 30, 1983. Southold, near Laughing BYORDEROF Waters; County Tax Map THE SOUTHOLD TOWN Parcel No. 1000-087-02-006. ' BOARD OF APPEALS 0:05 p.m. Application of GERARDP. GOEHRINGER SOUTHOLD EQUITIES. INC., CHAIRMAN 195 Youngs Avenue, Sauthold, Fo~' further information, NY for a Variance to the pleasecontactLindaKowalski Zoning Ordinance, Article VII, at the Sauthold Town Hall 765- Section 100-70 for permission 1809 (~r 1862). to establish residential and 1TJy14-4297 studio use of an existing . building in this "B-1 General Business" District, located ~ along the south side of Traveler Street, Soulhold, NY; County Tax Map Parcel No. 1000-61.O1-015. 0:10 p.m. Application of DAVID AND BO~NIE PASCOE, 900 Haywaters STATEOFNEWYORK ) Road, Cutchogue, NY for a ) SS: Variance to the Zoning Ordinance, Article III, Section COUNTY OF SUFFOLK ) 100-119B for permission to erect 6' fence which would exceed the maximum-height ,.]'Oal'~ ¥/. C-HS~a¥~OP. of Greenport, in requirement along the front said County, being duly sworn, says that I~/sho is yard, at premises known as 900 Haywaters Road, Principal Clerk of THE SUFFOLK TIMES, a Weekly Cutchogue; Nassau Point Newspaper. published at Groonport, in the Town Properties Map 763, Lot 11; - County Tax Map Parcel No. of Southold, County of Suffolk and State of Now 10~o-111-o3-06. 8:15 p.m. Application for York, and that the Notice of which the annexed in ROKE'S MARINA, INC., by a printed copy, has been regularly published in A. A. Wickham, Esq., Main Road, Mattituck, NY, said Newspaper once each week for o1~.0 appealing a decision of the weeks successively, commencing on the building inspector to vacate Order to Remedy Violation, day of July 19 83 pursuant to Article XII, Sacli°n 100-12IA' Provtsi°ns °f L ~ ' [~E ¥0£ the Zoning Ordinance ~Et Appealed: Articles I, 100-13; IRY PUBLIC. Sta~e 0t Iqew work II, 100-23A] VIII, 100- · 80(B)[14] & [15]; XIV, 100- .4?07878 Suttolk Co' et,/ ~ Principal Clerk 144(A)[2](B); XI, 100-118. ~o [xp~res Uarch 30, Location of Property: East Side of New Suffolk Road, Sworn to before mo this 1 New Suffolk, NY; County Tax Map No. 1000-117-5-28 & 29. 8:25 p.m. Application of PHILIP FRUMENTI, 3825 Stars Road, East Marion, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 {or permission to construct carport in the frontyard area, at 3825 Stars dayof ,T~='I y 19 8~ JUDITH T. TERRY TOWN CLERK RI:GIS'FRAR O1. VII'AL $I \IISIICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 10, 1983 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southo!d Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Trasnmitted herewith is ' ~ ~ 19 application of Garrett A. Strang for Orient-East Mar~on Park District for a variance. Also included is notifica- tion to adjacent property owners; Short Environmental Assessment Form; Letter relative to N,y,s. Tidal Wetlands Land-Use; Notice Of DiSapproval from the Buildign Department; survey. RECEIVED !,JUN 1 O lg83 ~OWN OF SOUTNm. D, NJW YaCK Town Cie[J( ~aoutljalJ~PEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. ¥. Name of A, pl:mllon~ Street and Number ................ · ~'~'~')~"~' ............................................................. .~I~.~..~.~'~,...HEREBY AI~EAL TO N~tctpality Stot~ THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....M..~.:~...{~....1..~..~.:~. ........................ WHEREBY THE BUILDING INSPECTOR DENIED TO ................ Name of Applicant for permit of Same Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) Permit to Construct I. LOCATION OF THE PROPERTY N/.~ M~i.~. ~d, ~ Macinn A-Residential Street U~e District on Zoning Map Tax Map ~ 1000-017'05-6&P.O.7 000-023- - .o. ............................................................... ~......].. 02 p 1 &3 Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. D~ not quote the Ordinance.) Section 46-7 & 46-18B 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map - Floodplain Management ( ) A VARIANCE due to lack of access (State of New York Tov~ Law Chop. 62 Cans. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (~) (has nat) been made with relfmct to thil 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 (X) A Variance to Floodplain Management Ordinance is requestedfortherealonthat Conformance with required height above Sea Level would Render the building inaccessible. Elevation +6'-7" Proposed Elevation +12' Required (Continue on other side) REASON FOR APPEAl. 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP be~a~ The building would have to be constructed six feet abo~e, ex.is, ting grade making its facilities unavailable to Handicapped patrons, 2. The hardship created is UNIQUE and is not shored by all properties alike in 'the immediate vicinity of this property and in this use district because The building is a comfort station for use by Bathers at a Public Beach, It is not a residence and will be used only four months a year, 3. The Variance would observe the spirit of the Ordinance.and WOULD NOT CHANGE THE CHARACTER Q~c TkLE DISTRICT because The buil~ding will' be the only one of this nature ST^TE OF NEW YORK ) ) ss COUNTY OF~'~-~'~ ) Sworn to this .............................................. day of ........................................................ 19f~ BOARD OF APPEALS TOWN OF SOUTHOLD In the Matter of the Petition of : ,Garrett A. Strang,Architect · f iet s Mar' a . TO: Stephenson Beach Inc. P.O.Box 1112 Southold, N.Y. 11971 Att. Mr. Bob Gillispie 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 Southold to request a (Variance) (Special Exception) (Special Permit) (the following relief: Reduction in first floor elevation required by Floodplain Manaqement Chapter of Code ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribedasfollov~: North side of Main road. East Macinn. N.Y_ TRUMAN S BEA~ 3. That the property which is the subject of such Petition is located in the following zoning district: · A' Residential 4. Th~ bysuchPetition, theunde~igned willrequ~tthefollowingrelief: Reduction of Required finish floor elevatio~ to 6'-7- above M.S.L. from 12'-Q" $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article 4~ Sectic~j 46-7 & 46-18B 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. (516) 765-1809. 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: June 10. 1983 Garrett A. Strand, Architect Petitioner Post Office Address P.O.Box 1412 ~971 PROOF OF MAltING OF NOTICF ATTACH CERTIFIED MAIL R~CEIPTS ADDRESS , ~, Mr. Bob Gillispie Stephenson Beach Inc. P.O.Box 1112, Southold, N.Y. 11971 STATE OF NEW YORK ) COUNTY OF SUFFOLK), ss.: · , residing at Ma An ~n.~: Maj..titular, , being duly sworn, ~eposes and says that on the ,1 0 day - of June ] ' . ,19 ~3 ' , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, dirtied to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said pe~ons are the addresses of said persons as shown on the current aJ~s~m~flt ro~l of ~ Town of Southold; that said Notices were mailed at the United States Post Of- fice at Southold ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this day of / Notary Public .SHORT ENVIROh~NTAL ASSESSMENT FOP~ INSTRUCTIONS.' (a) In order to answer the questions in this short gAF is is assumed that the preparer will use currently available information conce~ning the proJec: and l~ely ~cts of the action. It is not e~ected t~t additional s:udies~ research or other investigations w~l be ~dertaken,' (b) If any question has been answered Yes the projec~ ~y be si~ificant and a completed Enviro~ental Assessment Fo~ is necessa~/, (c) If all questions have been answered No it Is l~ely t~t this project is no~ significant, (d) ~viror~ental Assessment 1, W~i project res~t in a large physical change to the Droject site or physically alter more t~n 10' acres of land? .......... , Yes ~ No 2. W~I there be a ~Jor change to any ~ique or unusual land fo~ fo~d on the site? · · · · Yes X No 3. W~i project alter or ~ve a large effect on an existing body of water? . , , , , · · · · Yes . ~ No &, W~i project have a~potentially lares ~ on · · · · Yes X NO ~, W~i proJe~ si~ifican~ly effec= drayage ~ on adJacen~ sl~es? ' ' · · · · · · · · · Yos X No 6, Will proJec~ affec~ any t~ea~ened or endangered plan~ or anal species? . , . , , , · · · · -- Yes .~ 7, W~I proJ.c= res~ in a major adverse effect on air quality? · · · · · · · · · · · Yes X No 8. W~I project have a major effect on visual c~ ac%er of ~he co~uni~y or scenic views or vis.as kn~ :o be ~por~an~ ~o ~he co~uni:y? · · · , Yes ~ No 9. Will proJec~ a4versely ~pac% any si~e or st~c~ ute of his~oric, pre-nis~oric, or paleon:ological impor%ance or any site desi~a~ed as a critical enviro~en~l area by a local agency? · · · Yes ~ No 10. W~i proJec~ have a ~Jor effec~ on exis~g or fu%ure recrea:ional oppor~ies? · · · .. Yes ~ 11. Will project result in ~Jor traffic problems or cause a major effec~ %o exis%ing %ranspor~a%ion sys:ems? · · · · · · · · · · · · Yes X No 12. Will projec~ reg~arly cause ObJec%ionable odors, noise, glare, vibration, or electrical dis~ur~ ance as a reset of %he proJec%'s opera%ion? . Yes X No 13. Will projec~ have any impac% on public health or l&. Will proJec% iffec% %he exis%ing co.unity by direc%ly causing a ~row~h in permanent pop.e- tlon of more than 5 percen% o~er a on.year period o~ have a major negative effec% on charac%er of ~he com.~uni%y c~ neighborhoodS.. Yes ~ 15. Is ~here p~ *ncernin& the project? Yes ~ No REPRESENTING: Orient/E.M.Park D~$t, DATE: June ~, lqRq June 9, 1983 "(Today's Date) To: Re: Southo!d Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of Garrett A. Stran9 for Orient/E.M. Park Dist. Location of Property: North side Main Road. East Marion Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property iQ the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal we~iands; ho~vever, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* [ ] May b~ ·located within 300 feet of tidal wetlands; ho%.;ever, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing 'on the premises. o[ ] Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.C.D.E.C.] Sincerqly your> .~~ (o±gna~uz e please) NOTE: If proposed project falls witg~in D.E.C. jurisdiction, approval must be received an.d submit{Sd to our office before your application can be.scheduled for a public hearing. "It should be noted that si,ce tills property is located in un agricultural area, the possibility exists t~-~ot the water supply may contain trace amounts of pesticides and/ar nitrates. Special onalys~ requ. lred. Contact this Department prior to son,piing". ~ ~ SUFFOLK OOU.IT¥ DEPAi~TMENT OF HEALTH SERVICES'''~' For Construction O,~ly H.D. Ref. No. ~l"~-(~ This, app'ovaf is,~ranted for the coqstr~tion of th~ sewage dis;osal and w3:er supply facilities tor~ and is not an exp'essed nor imp!ied ap~o~ discharge ,~ p~ h~s bu~;,~n ,~). T,~,s approval expir~ one year from ~he da~p,o,~ ~ ~ ~1 DATE . CHIEF OF GENERAL ENGINEERING SERVICES architect Main Road P,O, Box 1412 Southold N.Y. 11971 516- 765 - 5455 Main Road P.O. Box 1~12 Southold N,Y. 11971 Main Road P.O. Box 1412 Southold N,Y. 11971 'i J Brchitect MaJn Road P.O. Box 1412 Southold N.Y. 11971 516- 765 - 5455 TITLE ~0'~¢-~-'~ ~(~-O~'i~O0/A fACI~ITI~I SCALE REVISE~ Main Road P.O. Box 1412 Southold N.Y. 11971 =~ .=~= ~,.= .~ 516 - 765 ' 5455 0.,~.,~ - .'',-. .. ,~.'~ . . ~ ,.:~ ,.. GARRETT A. STRANG architect Main ~oad RO. Box 1{1~ Soulhol~ H.~. 516 ~ 765 ' 5455 L :',,' Bo~d Town of Sou{ hold ~A~ETT A, ST~AN~ ~T-~~o~ architect Main Road RO. Box 1412 Southold N.Y. 11971 516- 765 ' 5455 Brchitect Main ~oad RO. Box 1~12 Southold 516- 765 ' 5455