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HomeMy WebLinkAbout3151 Southold Town Board of Appeals MAIN ROAD- STATE: ROAD 25 SOUTHOLD, L.I., N.Y. 11g71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3151 Application 'Dated June 23, 1983 TO: Mr. Garrett A. Strang, as agent for RVSS, INC. d/b/a RAZMATAZ and DAVID SALAND P.O. Box 1412 Southold, NY 11971 (Public Hearing held July 28, 1983) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on September 13~ 1983 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article XI , Section 100-112(H) [ ] Request for The public hearing on this matter was held on July 28, 1983. Upon application for RVSS, Inc. (Razmataz), by Garrett A. Strang, Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-112(H) for permission to develop and use parking on adjacent (leased) property identified as County Tax Map Parcel No. 1000-125-01-19.1; 1000-122-06-36; and located at the north side of Main Road (S.R. 25), Mattituck, NY. The board made the following findings and determination: By this appeal, applicant seeks a variance from Article XI, Section 100-112(H) which requires parking "...spaces ...be in the same ownership as the use to which they are accessory... " The premises in question is located in a "B-1 General Business" District and is approximately one-half acre in size with 115' frontage along the Main Road. Existing on the premises is a two-story structure containing a square footage of approximately 1,136 and patio approxi- mately 26' by 42' which is the subject of the "leased parking." Upon information and belief, the building department has permitted a maximum occupancy for the building without the subject patio at 127 persons, and a maximum occupancy of the patio area at 70 persons. Applicant has proposed a total of 47 parking spaces, 19 spaces on the adjacent parcel now of Joseph Crenshaw (on the west), and the remaining 28 spaces on the applicant's parcel now of David Saland (1000-122-6-36). An agreement has been executed by both parties (Crenshaw and Buckinski, for Razmataz) for permission to use adjoining premises on the west for a period of 10 years commencing June 6, 1983 for the purpose of parking employee and/or customer vehicles. For the record, it is noted that the lot being leased for parking is Lot #4 of Minor Subdivision for Mattituck Holding Co., Map #274, approved by the Southold Town Planning Board in February 1983. Also, on July 11, 1983, the Planning Board approved the June 20, 1983 site plan herein with several conditions. In considering this application, the board determines: (a) that the relief requested will be in harmony with and promote the general purposes and intent of zoning; (b) that the plight of DATED: Form ZB4 (CONTINUED ON PAGE TWO) September 23, 1983. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS (rev. 12/81) Page 2 - Appeal No. 3151 Matter of RVSS, Inc. (RAZMATAZ) Decision Rendered September 13, 1983 the owner is due to unique circumstances; (c) that the use will not alter the essential character of the neighborhood; (d) that the use will not prevent the orderly and reasonable use of adja- cent properties or of properties in adjacent use districts; (e) that the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located, or of permitted or legally estab- lished uses in adjacent-use districts; (f) that no adverse effects will be produced on available governmental facilities of any increased population; (g) that the difficulty cannot be obviated by a method other than a variance; (h) that the safety, health, welfare, comfort, convenience and order of the town will not be adversely affected by the relief requested; and (i) that the interests of justice would best be served by allowing the variance, as indicated below. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3151, application for RVSS, INC. (RAZMATAZ), for permission to use adjoining premises for additional off-street parking for occupancy of the patio area, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That this variance shall be in effect only during the period of the agreement of parking; 2. That copies of renewed agreements, if any, shall be furnished for the departments of the: (a) building inspectors and (b) Zoning Board of Appeals, prior to the expiration of pending agreement~ 3. Planning Board action (fencing, egress, ingress, et cetera). Location of Property: North Side of Main Road, Mattituck, NY; County Tax Map Parcels No. 1000-125-01-19.1 and 1000-122-06-36. Vote of the Board: Ayes: Messrs. Doyen, Grigonis and Sawicki. Member Goehringer abstained. Member Douglass voted: Nay (Member Douglass felt the executed letter was not in its legal form.) This resolution was adopted by majority vote. iECEIVED AND FILED BY SOU 'HO D DATE/D ~/g_5 HOUR / ~ ~ CHARLES GRIGONI~, JR. CHAIRMAN PRO TEM September ~ , 1983 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2¢, SOUTHOLD. L.I,, N.Y. 11cJ71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONiS. JR. SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular' Meeting and the following Public Hearings will be held by the Southold Town Zoning Board of Appeals at the Southold Town Hall, Main Road, Southold, New York, on THURSDAY, JULY 28, 1983 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, to wit: Video Tape Rental and Equipment Sales, at premises located at 33260 S.R. 25 and 225.Eugene's Road, Cutchogue; Filla Minor Subdivision Map 72, Lot 1; County Tax Map Parcel No. 1000- 097-02-016.5. 7:40 p.m. Application for ORIENT-EAST MARION PARK DISTRICT, Garrett A. Strang, 54655 Main Road, Southold, NY for a Variance the Floodplain Management Law,~Chapter 46, Sections 46-7 ~nd by to 46-18B for permission to construct sanitary facilities with first floor below minimum required flood elevation level. Location of Property: North Side of main R~ad, East Marion, NY; County Tax Map Parcels No. 1000-017-05-006 and park of 007; 1000-023-2-part of 001 and 003. i7:45 p.m. Application for RVSS, Inc. (Razmataz), by Garrett A.> Main Road, Southold, NY fo----~2 Var----~'ance to 'the Z©ning Ordi- ~~' ang, ce, Article III, Section 100-112H for permission to aevelop and f~ parking on adjacent (leased) property identified as County Tax\ cet 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. ~a~e 2 - Legal Notice of Hearings Regular Meeting of July ~, 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 red~ction in rearyard setback at 900 Minnehaha Boulevard, Southold, near Laughing Waters; County Tax Map Parcel No. 1000-087-02-006. 8:05 pom. Application of SOUTHOLD EQUITIES, INC., 195 Youngs Avenue, Southold, NY for a Variance ~o 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 Haywaters 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., by A.A. Wickham,-- Esq., Main Road, Mattituck, NY, appealing a dec±sion of the building inspector to vacate Order to Remedy Violation, pursuant to Article XII, 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. 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 for permission to construct carpor~ 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 ~o 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 tl; 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 P~ge 3 - Legal Notice 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 construct deck addition with An insufficien5 155 East Road, Mattituck, NY; Cp~. Kidd's 111; County Tax Map Parcel No. 1000-106-03-009. 8:45 p.m. Application of HENRY AND VIRGINIA STEINBRECHE~, 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 806, 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 con~act Linda Kowalski a~ the Southold Town Hall 765-1809 (or 1802). Copies to the following on or about July 11, 1983: Mr. Alfred J. Terp Mr. Thomas Kennedy Mr. Garrett A. Strang Mr. Robert W. Gillispie, III Southold Equities, Inc. - Loretta DiMaggio, President, Street, Massapequa Park, NY 11762 Mr. and Mrs. David Pascoe AbSgail A. Wickham, 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 390 Rose FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL Fi~e No .... : ........................... Date ........ .... PLEASE TAKE NOTICE that your application dated ............ ~ .'..~. ....... 19 ..... Ho~e No. ~, ~ Street Co. nt~ ~x ~p No. ~000 S~ct~o. ...... ~ ~... ~o~k Subdzvzszon ................ Fged Map No ................ Lot No .................. Js returned herewith and disapproved on the follow~g grounds...~¢ ~..~ ¢{}~ .'~ '... ~4 B, uilding Inspector RV 1/80 ~ V~ TOWN OF $OUTHOLD, NEW YORK~ APPEAL FROM DECiSiON OF BUILDING INSPECTOR APPEAL NO. ~ /~-~/ DATE.... ~....--~...--...~'..~... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. (We) Garrett A. Stranq.~..A_r..c..,h_i..,t.~.q~.,of ....M...a_i.D....R.d ~.. ........ .......... 'i~;";~"~;i[ont Street and ................................... Number Southold ................................. New..York... HEREBY APPEAL TO Munidp(31ity State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. n~-r~r~ June 22, 1983 WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) David Saland & RVSS Inc. Nome of Applicant for permit of 6955 Main Rd. Laurel N.Y. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY (X) Permit for Parking 1. LOCATION OF THE PROPERTY 6955 & Adjoinin~ Main Road Laurel B-! Street Use District on Zoning Mop Map No. Lot No. 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- sect~or aha Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article 3 Section 100-112H 3 TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ~ ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous opoeol (~¢o~) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( . request for e special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (X) ( } REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that The Owner desires to develop parking on neighboring Property Leased for this purpose. Form ZB1 (Continue an other side) REASON FOR APPEAL Continued ¢']~ t: ~ I STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sar', HARDSHIP because The PrOperty to b~ developed for parking is not owned by the Business using same therby being zn violation of the referenced section of the code. Strict application would prohibit adequate parking for the proposed occupancy. 2 The hardsh ~ createa s UNIQUE and is not snarec by all aroDerties alike in the -mmediate vicinit, of this property and in this use district because The size of the lot necessitates parking be on adjoining properties which are not available for purchase but which have been leased. 3 The ar,ante would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The variance sought is for relief from the requirement that the adjoznlng parking be in one ownership. The parking would %xist regardless of ownership inasmuch as it is a B-i use District. STATE OFr' l ~,~.hE'W~YORK ) ~ / ..~,~.~) ss ..... COUNTY' ~ ) Signature Sworn to this .......... ~~ ........... day of ...........~~ ................... 1~ / ~Y ~Bd~ ~e of New No. 52.~125~50, Suffot~ Te~m ~pires ~atch 30, / OWNER FORMER OWNER STREET N .~'?o'~GE F:~'z ~ w BUILDI NG NDW NORMAL BELOW FARM Acre Volu~ Per Acre Tiilohie ] 2 ............. Tillable 3'~-- I ABOVE Value PROPERTY ~CORD CARD LOT /~ '-12.. TYPE OF BUILDING COMM. CB. MISC. Mkt. Value Woodland ]- FRONTAGE ON WATE. R Swampland Brushland FRONTAGE ON ROAD House Plot DEPTH OWNER STRE~-F VILLAGE FO~ME~ OV4NE~ N [_c E S W r<s ?~1 c~. ~ AGE N~N FARM TJll?h~ 1 'Til~oule 2 SEAS. VL FARM IMP. TOTAL DATE NORMAL [ BELOW ABOVE Tillable 3 ACR~ SUB. LOT REMARKS Woodland Swampland Brushland House Plot Total FRONTAGE ON.~ 'FRONTAGE ON ROAD DEPTH BULKHE~D DOCK Ext~ns~°fi~;~ Basemen~ E~tenslo~' ~, ~ ~ ~ ~ -~ Ext~ Walls Extension Fire Place ¢orSh Porch B raezeway Garage Patio Tot a ! i[Type Roof Driveway .- Bath -" Interior Finish i,, Heat : Rooms ]st Floor Rooms 2nd APPEALS BOA~R D MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, ROBERT J. DOUGLASS JOSEPH H. SAWlCKI TO: FROM: DATE: SUBJECT: Southoid Town Board of Appeals MAIN ROAD- BTATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 Judith T. Terry, Town CLerk Linda Kowalski, Secretary(~ October 24, 1985 Your Recent Request{s) Dated October 18, Local Law #14-1985 Waiver Application(s) 1985 In response to your recent inquiry, this will confirm that we do not have an application pending under .any of the following names and locations: Janet Geasa, on behalf of Joseph Crenshaw, relative to property located at 6865 Main Road, Mattituck, except the attached decision which was rendered September 13, 1983 with conditions for use b~ Razamataz, under Appeal No. 3151. (The premises is now or formerly of Joseph Crenshaw.) Rudolph H. Bruer, Esq. on behalf of Henry P. Smith relative to property on the S/s of Main Road, at Willow Hill, Southold. Attachment (1) JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 October 18, 1985 To: $outhold Town Planning Board , //~ Southold Town Board of Appeals/-,-/ Southold Town Building Department F rom: Judith T. Terry, Town Clerk Waiver Requests: Joseph Crenshaw~ Henry J. Smith Please submit all pertinent data in your files pertaining to the following waiver requests: Janet Geasa, on behalf of Joseph Crenshaw, relative to property located at 6865 Main Road, Mattituck, New York. Rudolph H. Bruer, on behalf of Henry P. Smith, relative to property on the south side of Main Road, at Willow Hill, Southold. Attachments (2) SHEPARD M. SCHEINBERG MURRAy B. SCHN~EpS EMI~. F. DE PETRIS RICHARD E. DE PETRIS JANET gEASA SCI-IEI2qBEttG, SCHNEPS, DE PETR~S & DE PETRIS RECEIVED 1 8, Town Cle~ Sauthold October 17, 1985 Ms. Judith Terry Southold Town Clerk Town Hall Main Road, Southold, New York 11971 Re: Application for a Waiver from the provisions of the moratorium imposed under Article XVI of the Southold Town Code. Dear Ms. Terry: Please be advised that by this letter I am hereby requesting a waiver on behalf of my client, Joseph Crenshaw from the provisions of the moratorium recently imposed by Article XVI of the Southold Town Code, as relates to his property located at 6865 Main Road, Mattituck, New York. It is my belief that the circumstances of Mr. Crenshaw's case warrant special consideration. In the year 1984 Mr. Crenshaw first applied for a building permit from the Town of Southold. Thereafter, he appeared before the Planning Board relative to obtaining site plan approval. At that time Mr. Crenshaw indicates that he was given verbal approval to proceed with his building. The Department of Health had granted their approval to the project and all the papers were, I believe, in order. After commencing his building, Mr. Crenshaw was advised that his next door neighbor RazzMa-Taz, claimed he was leasing parking space to them. In order to ascertain whether this was in fact so, Mr. Crenshaw was directed to stop work. That problem was resolved when Mr. Crenshaw advised the Board that he was not in fact leasing any space to RazzMa-Taz, and erected a fence between the property to prove same. Mr. Crenshaw then continued with his buildings, expecting the promised approvals to arrive forthwith. As you are no dpubt aware said approvals were not forthcoming and Mr. Crenshaw reapplied for his building permit on April 12, 1985. The matter of the Site Plan Approval was again scheduled before the Planning Board for a hearing on July 8, 1985. At that time the Board made several recommendations relative to approval of the Site Plan, which recommendations were minor in nature, yet fully complied with by Mr. Crenshaw. Ms. Judith Terry October 17, 1985 Page 2 Subsequent to that time Mr. Crenshaw received a notice of disapproval from the Building Inspector's Office which in- formed him'for the vecy first t£me'thrOu~hOut the entire course'Of Mr. crens~aw's deaiings With them that Mr. Crenshaw would require a special exception for the property from the Zoning Board of Appeals. In the interim, Mr. Crenshaw appeared before the Justice Court on various Town Code violations and duly agreed to pay a $1,000 fine for alleged violations. The Hon. Bill Price, with the approval of Dick Lark, special prosecutor for the Town of Southold and Curtis Horton of the Building Inspector's Department allowed Mr. Crenshaw a certain period of time within which to obtain the necessary variances and/or special exceptions for his property. I now have prepared an application for a use variance and special exception which cannot proceed due to the recent moratorium imposed. I have been informed that the moratorium affects not only new actions, but also actions which had been commenced p~ior to the effective date of the moratorium. This imposes a special burden on Mr. Crenshaw who has been seeking to obtain the~necessary town variances or approvals since 1984. This is especially true in light of the fact that Mr. Crenshaw is now under an obligation to proceed to obtain those approvals. I believe and I trust the Planning Board will agree that a special waiver should be granted to Mr. Crenshaw from the terms of the present moratorium in view of certain special circumstances of this case. Please refer this matter to the Town Planning Board for review at their next Board Meeting. Thank you. Sincerely, JG:ey cc: Mr. Joseph Crenshaw APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN R{3AD- STATE RrlAD 2.5 SDUTHi-ILD, L.I., N.Y. 11971 TFI FP~ONE (516) 765-1809 October 3, 1983 Mr. Gerald G. Newman, Chief Planner Suffolk County Department of Planning Veterans Memorial Highway Hauppauge, NY 11787 Re: Appeal No. 3151 S.C.P.D. File No. SD- Dear Mr. Newman: For your records, we are enclosed herewith a copy of the decision recently rendered by the Board of Appeals in the above matter. Thank you for your consideration. Yours very truly, Enclosure(s) GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Secretary Southold Town Board o£Appeals MAIN ROAD- $TATE: ROAD 25 SOUTHOLD, L.I., N.Y. 11S71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOF'HRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWiCKI September 23, 1983 Mr. Garrett A. Strang P.O. Box 1412 Southold, NY 11971 Re: Appeal No. 3151 - RVSS, Inc. (Razmataz) 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, Enclosure Copy of Decision to Building Department Planning Board GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary JOSEPH CRENSHAW Sound Avenue Mattituck, New York 11952 June 6, 1983 Razmataz Main Road Mattituck, New York 11952 Attention: Ronald Buchinski Dear Mr. Buchinski: This letter will confirm our agreement whereby I give you permission to use my property which adjoins your club on the west, for the purpose of parking employee and/or customer vehicles, for a period of five years commencing as of the date hereof. It is further understood that all vehicles parked on my said property are done so at no risk to me. Kindly countersign at the bottom of this letter to indicate your acceptance of this agreement. Y.Q~urs v~/~,~ruly ,/~~ JOSEPH CRENSHAW Accepted by: RAZMATAZ RONALD BUCHINSKI § 100-112 ZONING § 100-112 two-family residence may count as I one (1) parking space, other than on a corner lot. C. Size of spaces. Three hundred fifty (350) square feet shall be considered one (1) parking space (to provide room for standing area and aisles for maneuvering). Entrance and exit lanes shall not be computed as parking space except for driveways for one-family and two-family residences. The minimum parking stall width shall be ten (10) feet and the minimum length shall be twenty (20) feet. D. Access. Unobstructed access to and from a street shall be provided. Such access shall consist of at least one (1) ten- foot lane for parking areas with less than twenty (20) spaces, and at least two (2) ten-foot lanes for parking areas with twenty (20) spaces or more. No entrance or exit for any off-street parking area shall be located within fifty (50) feet of any street intersection. E. Drainage and surfacing. All open parking areas shall be properly drained within the premises and ail such areas shall be provided with a dustless surface, except for parking spaces accessory to a one-family or two-family residence. F. Joint facilities. Required parking spaces, open or enclosed, may be provided in spaces designed to serve jointly two (2) or more establishments, whether or not located on the same lot, provided that the number of required spaces in such joint facilities shall be not less than the total required for all such establishments. G. Combined spaces. When any lot contains two (2) or more uses having different parking requirements, the parking requirements for each use shall apply to the. extent of that use. Where it can be conclusively demonstrated that one (1) or more such uses will be generating a demand for parking spaces primarily during periods when the other use or uses is not or are not in operation, the Planning Board may reduce the total parking spaces required for that use sth the least requirement. ~. ocation and ownership. Required accessory parking aces, open or enclosed, shall be provided upon the same 10045 100-112 Jo (2) (3) SOUTHOLD CODE § 100-112 lot as the use to which they are accessory or elsewhere, provided that all spaces therein are located within two hundred (200) feet walking distance of such lot. In all cases, such parking spaces shall conform to all the regulations of the district in which parking spaces are located, and in no event shall such parking spaces be located in any residence district unless the use to which the spaces are accessory is permitted in such residence district or upon approval by the Board of Appeals. Such spaces shall be in the same ownership as the use to which they are accessory and shall be subject to deed restriction, approved by the Board, binding the owner and his heirs and assigns to maintain the required number of spaces available either throughout the existence of such use to which they are accessory or until such spaces are provided elsewhere. Lots divided by district boundaries. When a parking lot is located partly in one (1) district and partly in another district, the regulations for the district requiring the greater number of parking spaces shall apply to all of the lot. Parking spaces on such a lot may be located without regard to district lines, provided that no such parking spaces shall be located in any residence district unless the use to which they are accessory is permitted in such district or upon approval of the Board of Appeals. Parking regulations in multiple-dweliing or attached- dwelling developments. (1) Wherever space is provided for the parking of five (5) or more vehicles in the open, such spaces shall be individually identified by means of pavement markings. No parking space shall be located in any front yard nor within ten (10) feat of any lot line in side or rear yards. The parking of motor vehicles is prohibited within fifteen (15) feet of any wall or portion thereof of a two- or-more-family dwelling, which wall contains windows (other than bathroom or kitchen windows) with a sill height of less than eight (8) feet above the level of the said parking space. 10046 JOSEPH CF~ NSHAW Sound Avenue Mattituck~ N.Y. 11952 June 6j 1983 Razmataz Main Road Mattituck, New Yor~ 11952 Attention: Ronaid Buchinski Dear Mr. Buchinski: This fetter wilt confirm our agreement whereby I give you permission to use my property which adjoins >,our club on the west for a period of= ten years commencing as of the date hereof for the purpose of' parking employee and/or customer vehicles. It is further understood that ail vehicles par~ed on my said property are done so at no risk to me. Kindly countersign at the bottom of this letter to indicate your accept- ance of this agreement. Very t~uly yours, Accepted by: Bo- d ot Ap;ma{ Town ot COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE; E, KOPPELMAN Town of Southold Board of Appeals August 23, 1983 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 Alfred J. Terp Robert W. Gillispie III Southold Equities, Inc. Richard DeMaria Jack & Lee Lefkowitz Razmataz 3138 3139 3145 3146 3150 3151 GGN:jk Very truly yours, Lee E. Koppelman Director of Planning by - W-~,~. ,"~.,~/. Gerald G. Newman Chief Planner Southold Town Board of Appeals HAIN ROAD- STATE ROAD 25 c:;OUTHOLD, L.I., N.Y, llCJ'71 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: xx Variance from the Zoning Code, Article III , Section I00-II2H __ Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section Special Permit Appeal No.: 315I Applicant: RAZMATAZ Location of Affected Land: N/s Main Rd., Laurel County Tax Map Item No.: 1000-I25-0I-I9.I; I000-I22-6-36 Within 500 feet of: __ Town or Village Boundary Line __ Body of Water (Bay, Sound or Estuary) xx State or County Road, Parkway, Highway, Thruway __ Boundary of Existing or Proposed County, State or Federally- Owned Land __ Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area __ Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or __ Within One Mile of a Nuclear Power Plant __Within One Mile of An Airport. COMMENTS: Applicant k~~x~ permission to develop and use parking on adjacent (leased) property. Copies of Town file and related documents enclosed herewith for your Dated:review. ~ ~~ August I9 , I983 ~r ~/~- ' Temp. SE d of Appeals :eeeeeoAeA~f~peeeeeeeeeq, t · ' CONSULT YOUR lAWYER IIFORI SIGNING THIS INSTR¥1dINT · THIS INS~'IUJMINT SHOULD Il USED BY Ti'~IS INDENTURE, n~de Them 26 th da.,,' of May , nineteen hundred and eighty-three BETWEEN MATTITUCK HOLDING COMPANY, a partnership, having its princLpal place of business at 370 Oakwood Road, Huntington Station, New York, party nf the first part, and JOSEPH CRENSHAW, Rural Route #l, Box 260B, Matt/tuck, New York, party of thc second part, WlTNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, (Joes hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second pa. rt.fo[~v.~r~ ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying aod being at Laurel in the Town of Southoldt Suffolk County~ New York, being more particularly bounded and described as follows: BEGINNING at a point on the northerly line of Main Road where the same is intersected by the westerly line of land now or formerly of Saland. From said point of BEGINNING, running thence along the northerly line of Main Road in a westerly direction, the following two courses and distances: South 52 degrees 39 minutes 00 seconds West a distance of 34.31 feet; South 52 degrees 56 minutes 30 seconds West a distance of 116.50 feet Thence running North 25 degrees 52 minutes 30 seconds West a distance of 405.14 feet to the southerly line of land of the Long Island Railroad; : Running thence Easterly atong the said Southerly line of land of the Long Island Railroad North 45 degrees 27 minutes 30 seconds East a distance of 155.09 feet; Running thence South 26 degrees 00 minutes 30 seconds East a distance of 425.37 feet to the moint or place of BEGINNING. Being and intended to be a portion of the premises conveyed~ to the party of the first part by Deed dated October 16th, 1974 and recorded in the Suffolk County Clerk's Office on December 12th, 1974 in Liber 7765 at Page 190. TOGETHER with ail right, title and interest, if an>. of the party of the first part in and to any streets and roads abuttin~ the abo,.e descriln:d premises to the center lines thereof: TOGETI 1 ER with the appurtenances and all the estate an,l riglus of the party of Ibc fi:st part in and ta said premises; TO HAVE AND TO tlOI.l) thc premis~LS herein grained tlnto th~* part} of th~., ~-t*c.od part, the heirs t,r successors and assigns of AND the party of the fir~t part covenants that the party of the first part has not done or suffered anything whereby the said prenlises have been t. ncumbered in any wa3, 'ahatever, except as aforesaid. AND thc party of the first part, in compliance with Section 13 of the Lien I.aw, covenants that thc party of t}~{' fir, t part v, ill rece ye the conshtcration for this Conxcvaocc and will boht th,.! right to rt-ceive such consid- t ration as a trust fund to be applied iitst for the pt rpo~e of pa)' g the cost of he improvement anti will apph: tilt, same first I~) Iht payment c~[ the cost of thc impr.ven..nt before using any part of the total of the same for The wnrd "part..,'" shall be ctmstrt~ed as if it' et'ad "parties" whenever the sense of this indent.nrc ~o requires. IN WITNESS WHEREOF, the party o£ the first part has duly executed this deed the day and ...ear first abos~e IN PRESE'NCE OF. . ' %L MATTITUCK HOLDING COMPANY WILLIk.M L. On the day of 19 , before me p~rsonally came STATI Of NIW T$!lg, COUNTY OF On the day of 19 , before me personally came to me known to be the individual described in and who executed the foregoing instrument, and ackn,'wledged that executed the same. STATE OF i/]~%~' YORK, , ,, ,r ~ On the 26th d~y of 1,~y, 19U3, before ac personally came Willi&m L. P~pe, i~taoz', te mt knowe te be +~he individual described in mhd who executed the foregoing ~strma~nt~ a~d ~eknewler~ed tl~t he executed the s~e ~s the act and deed e£ i,~ttituck HoldtnS dem!~ny a partnership. ~,O'TARY PUBL C NOT~ PUBLIC~ St~ of ~ y~ No. ~-72~035, Suffolk ~ Term Expi~ March 30, 1~ STA?E OF Hl[W YORK. COUNTY OF SS: On the day of 19 . before me personaXy came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he'knows to be the individual described ill and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. largain anll ale *i~rrH COVENANT AGAINST GRANTOR'S ."~CFS MATTITUCK HOLDIMG COMPA':]Y TO JOSEPH CRENSHAW Distributed by C II~l ICA. GO T I'*l'~ IN~URANC~ COMPANY SECTION BLOCK LOT COUNTY OR TOWN Shepard M. Scheinberg, Esq. 220 Roanoke Avenue · Riverhead, New York Zip No. 11901 RECEIVED $ D PE~rL EST~ TE SUFFOLK STATE OF NEW YORK County of Suffolk I, ARTHUR J. FELICE, Clerk of the County of Suffolk and Clerk of the Supreme Court of the State of New York in and for said County (said Court being a Cour,t of Record) DO HEREBY CERTIFY that I have compared the annexed copy of ,~: ~', and that it is a just and true copy of such or gna 42~('~,-w~. and of the whole thereof. IN TE STIMONY WH E RE OF, I have hereunto set my hand and affixed the seal ofsaidCountyandCourtthis / (~, dayof (/~.~f- 19 ~_3 n No. 104 IZ.]{}9 NOTICE NOTICE IS HEREBY GIV- EN pursuant to Section 267 of.. thc 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 at the Southold Town Hall, Main Road. Southold, New York, on THURSDAY, JULY 28, 198,3 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) Yor permis- sion to use property for business purposes, to wit: Video Tape Rental and Equip- ment Sales, at promises locat- ed 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. Application for ORIENT - EAST MARION PARK DISTRICT, by Garrett A. Strong, 54655 Main Road, Southold, 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 roquired 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. t 7:45 P.M. Application for~ RVSS, Inc. (Razmataz), by Garrett A. Strong, Main Road, Southold, N.Y. for a Variance to the Zoning Ordinance, Article HI, Section 100-112H for permission to develop and use parking on adjacent (leas- ed) 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 HI, Main Road, East Marion, N.Y. for a Variance to the Zonin$ 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, N.Y.; County Tax Map Parcels No. 1000- 061-02-005, 006, 007. 8:00 P.M. Applicaton for RICHARD DeMARIA, by Gar- rett A. Strong, Main Road, Southold, N.Y. for a Variance to the Zoning Ordinance, Article IH. Sections 100-31 and _ .100-3~ stl~ct addition with rodu~io~ in rearyard setback at 900 Minnehaha Boulevard, South- old, near Laughing Waters; County Tax Map Parcel No. %T,J'C rHO'LlY~II fJ'IF-.~, ~0 COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in. Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ....................... ../. .............. weeks successively, "commencing on the /,v' ~ doy~ ......... .~ ....................... 19..~-.~--'~ Sworn to before me this ............... ./.?....-~.. ...... day of .......... ................... , CLEMENt j. THOMP~cON NOTARY PUBLIC. State at t~w York No. 52-9321725 ' R~din~ in Su~olk ~unty ~mi~n ~r~s March ~0, ]9 P~ LEGAL NOTICE NOTICE IS GIVEN, pursuant 207 of the Town Law a Provisions of the Am, Code of the Town of ! a Regular Meeting and following be held by Zoning Board of Appeals the Southold Town Hall Road, Southold, New York, off' THURSDAY, JULY 28, I883, commencing at 7:30 o'clo'~c~ p.m. and as follows: 7:30 p.m. ' ReceSse~ Hearing: Appeal No. 3138~ ALFRED J. TERP. 7:35 p.m. Application 0[ THOMAS KENNEDY, 120 Lo~ Road, Patchngue, NY 11772 for a Variance to the Zoning Ordinance, Article III, Section 100-30(A) for permission tO use property for businesJ purposes, to wit: Video Tape Rental and Equipment Sales, at premises located at 33260 S.R. 25 and 225 Eugene's .Ro;a~ d, Cutchogue; Filla Minor subdivision Map 72, Lot 1; County Tax Map Parcel No. I000-097-02.016.5. 7:40 p.m. Application for ORIENT-EAST MARION PARK DISTRICT, by Garret/ A. Strand. 54655 Main Rnnd SouthoJll~NY for a Variance t~ the Fl~flain Management Law, Cl~ter 46, Sections 46-7 and 46-180 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. 1000-017.06.0~6 and pert of 007; l~[~2-part of 001 and 003.~ ~'~7:45 p.m. Application for'Y~ RVSS, Inc. (Razmataz), by Garrett A. Strang, Main Road, Southold, NY for a Variance ~I the Zoning OrdinnnCe, Article III, Section 100-112H for permission to develop and use parking on adjacent (leased) property identified ns County Tax Map Parcel No. ~ 1000-125-01-19.1 1000-122-6-36. ~ ~' 7:50 p.m. Application--"&r County Tax Map No. 1000-022-06-026. 8:30 p.n!. Application of JACK , AND LEE LEFKOWITZ, (F. J. Christie, and wi/e, 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/long the south side of Sound Beach Drive, Mattituck, Cpt. Kidd's Estates Part of Lot 11 County Tax ~'Map Parcel No. 1000-!06-01- = 8:35 p.m. Application of JOHN ANTONIOU, 155 East 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 to the Zoning 100-34 for permission to Ordinance, Article VII, ~ construct deck addition with Section 100-71, and Bulk an insufficient frontyard Schedule, for approval of 'setback, at 155 EaSt Road, insufficient area, width ~nd Mattituck, NY; Cpt. Kidd's sideyard setbacks of building Estates Map 1672~Lst 111; in this proposed two-lot County Tax Map Parcel No. division of property located at the northeast corner of Beckwith Avenue and Main Road, Southold. NY; County Tax Map Parcels No. 1000-061- 0:00 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 permission to construct addition with reduction in rearyard setback at 900 Minnehaha Boulevard. Southold, near Laughing Waters; County Tax Map Parcel No. I000-0~-02.006. 0:05 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 Haywaters Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section .100-1190 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. by A. A. Winkham, Esq., Main , Road, Mattituck, NY, appealing a'decision of the building inspector to vacate Order to Remedy Violation, pursuant to Article XII, 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)[2](B); XI, 100-118. Location of Property: East Side of New Suffolk Road, New Suffolk, NY; County Tax Map No. 1000-117-5-2~ & 29. 0:25 p.m. Application of PHILIP FRUMENTi, 3825 Stars Road, East Marion, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 ior permission to construct carport in the froutyard area, at 3~25 Stars 1000-106-03-009 .... ;.. . . 8:45 p.m. Application of HENRY AND VIRGINIA. STEINBRECHER. 1525 Hay- waters Read, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to ~ .construct addition with an insufficient frontyard setback. at 1525 Haywaters Road, . Cutchosqe, NY; Nassau Point Subdivision, Section D, Map 806, Lot 333; County Tax Map Parcel No. 10~0-111-4-12. DATED: JUNE 30, 18~3. ~ BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER For further information, please contact Linda Kowalski at the Southold Town Hall 765- 1809 (or 1~02). ~ . ~i 1TJy14-4297 STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) Joa~ W. Gustavson of Greenport, in said County, being duly sworn, says that I~/she ia Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk end State of New York, end that the Notice of which the annexed ia n printed copy, has been regularly published in said Newspaper once each week for one weeks successively, commencing on the 1 ~th day of July 19 83 ,'¥ PUBLIC, State o New vmk · 41oz87a iulfOIk Ce ]!li'[ ~ Principal Clerk ~ Expires Marc~ 30, I9~ Sworn to before me this 1 4th dayof .%~1y 19 R3 JUDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 June 23, 1983 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3151 application of Garrett A. for David Saland & RVSS, Inc. (Razamataz) for a variance. Also included notification to adjacent property owners; Short Environmental Assessment Letter relative to N.Y.S. the Building Department; Strang is Form: Tidal Wetlands Land-Use; Notice of Disapproval from and survey. T. TerrJudith Southold Town Clerk HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE I~THAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 TELF~HONE 765-I938 July 13, Mr. Garrett A. Strang P.O. Box 1412 Southold New York 11971 Re: Director's Seat/Razmataz Site Plan Dear Mr. Strang: 1983 Following an on site field inspection and discussion of same at our regular meeting, Monday, July 11, 1983, the fol- lowing action was taken regarding the above. RESOLVED that the Southold Town Planning Board approve the site plan "Razmataz", dated June 20, 1983, subject to the following conditions: The area leased from Joseph Crenshaw to be fenced or guarded off so that ingress and egress will not be from the westerly access and solely on the easterly portion of applicant's property. (1) (2) Existing sign to be removed. (3) Approval from the Zoning Board of Appeals. (4) One year review by the Planning Board. Site plan approval expires when lease ex- pires. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD (5) cc: By Susan E. Building Department Zoning Board of Appeals/f Long, Secretary p,.ECJ, IYED~ TOWN OF SOUTHOLD, NEW YORK -APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ..... ~....T.~....~..Z.~... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) G...a.~..e..t...~...~:.....S.~..~'..a..~..C.l.,..A.~.c.h.~.~.e..q~..of ,...~.c~.~.D...J~.c;t,^ ...................................................... Nome of Appellant Street and Number Southold New )~o k ......................................................................................................... ~ ............ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..... .J...u..n...e.....2..2..~....1.,.9..8..3. ................. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) David Saland & RVSS Inc. Nome of Applicant for permit of 6955 Main Rd. Laurel N.Y. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit for Parking 1. LOCATION OF THE PROPERTY 6955 & Adjoinin~ Main Road Laurel - Street Use District on Zoning Map 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.) Article 3 Section 100-112H 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (l~mm) (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 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 is requested for the reqlon that The Owner desires to develop parking on neighboring Property Leased for this purpose. (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP becaus~ The Property to be developed for parking is not owned by the Business using same therby being in violation of the~referenced section of the code. Strict application would prohibit adequate parking for the proposed occupancy. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because The size Of the lot necessitates parking be on adjoining properties which are not available for purchase but which have been leased. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The variance sought is for relief from the requirement that the adjoining parking be in one ownership. The parking would exist regardless of ownership inasmuch as it is a B-1 use District. STATE OF NE~YORK ) ~'~ ~/'~--~~ OF.~~ ) ss ...................... COUNTY ) Signaturer Sworn to this .............. ~ ...... day of ............... ~~c .................. 19 ~ ~.LIZABEIH ANN NEVILLE NOTARY PUBLIC, State of New York Ne. 52-8125850, Suffolk Coupt~',~ Term Expires Mm'ch 30, ]. ~9~.~'S~ / BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of Garrett A. Strang for D. Saland to the Board of Appeals of the Town of Southold TO: Southold Town Zoning Board of Appeals Main Road Southold, New York 11971 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) ~]~:4~-~Reao~Z~k~o~R4k~)~:~¢~~ [circle choice] From Article 3 section 1QQ-112H 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribed as follows: 6955 Main Road , N.Y.S. Rt 25, Laurel N.Y. 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: Adjoining property for off street parkinq be in one ownership 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article 3 Sectio~ 100-112H 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 ?J:aveler-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. Petitioner ~arrett A. Strang for David Saland P~tOfficeAddr~s P.O.Box 1412, Southold New York Dated: June 22, 1983 . 11971 PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Mattituck Holding Co. Inc. Mr. Robert G. Lauriguet Mill Road, Box 1408, Mattituck N.Y. 11952 Box 101Mattituck, New York 11952 ~TE OF MAll. lNG Southold, New York Mr. Robert G. Lauriguet Box 101 MAY BE USED FOR DOMESTIC AND tNTERNATIONAL MARL, Sworn to bede me this ~ day of ~ ,-T9 ~ Notary Public ~LIZAg~I'H RHN N[VILT,.~ ~ ~pr~ March ~, ; that said Notices were mailed to each of sai~persons by STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: Garrett A. Strang ,~'~ld~t~t~!'~a'~ R~d ~lattltuck N.Y. ' , bei.t 611l~.,~d~ePo~L~ ~nd ~ that on the 2 3 day of _ Ju~e _ __ ,1~ . ~depo~nt~a~a~copy'0ftheNotice'~tfoflh~here. ve~e side hereof, directed to each of the abov~a~d ~omat the addres~ ~t opposite thor r~pective name; that the addresses set opposite the nam~ of ~id ~ a~ t~ addr~ of said ~o~ as shown on the current ass~sment roll of the Town of Southold; t~t~ Notic~ were mailed at the United Stat~ Post ~- riceat Southold, New York (certified) (registered) mail. 0 0 r~ .SHORT ENVIRON~ENTkL ASSESSMENT FOI~ INSTRI~T!ONS; (a) In order to answer the questions in bhis short gaf is is assumed tha~ preparer will use currently available information concerning ~he pro,sc: and l~ely ~c%s of the action, I% is not e~ec~ed ~= addl:ional s~udSes~ o~ o%he~ inves=iga~ions w~l be ~der%aken.' (b) If any ~ues~ion has been answered Yes ~he pro3ec~ ~y be si~iflcan~ and a completed Enviro~en%al Assessmen~ Fo~ is necessa~;, (c) If all questions ~ve been answered No it is l~ely t~t this pro~ect no~ sl~nificant, (d) ~viror~ental Assessment 1, W~i pro3ec= reset in a large physical ~o %he pro3ec= site oF physically al~eF more ~n 10 acres of land? . . . . . . , , , . . , . Yes X No 2, W~i %here be a ~3or change ~o any ~lpue or unusual land fo~ fo~d on ~he sl~e? . , , . . Yes X 3. W~i project alter or ~ve a larE~ ~ec~ on an exis~g body of wa~er? . . . . . ~ . . . . Yes X No &. W~i proJec~ have a potentially la~Ee ~ on ~o~d~:er quali~y? · ' · ' ~ · · · · · · · Yes X 5. W~i proJec~ si~ificantly effect drayage ~ on adJacen: si~es? ' ~ ' ' ' · · · · · · · Yes, X 6. Will project affec~ any t~ea~ened or endangere~ plan~ or anal species? . . . . . . ~ . ~ ~ . Yes X No 7. W~I projec~ rest% in a major a~verse effect on air quali~y? ' · · · · · · · · · · · Yes X No 8. W~i proJec~ have a mmJor effec~ 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? · · · -- ~es X No 9. Will proJec~ adversely ~pac~ any si~e or s~c~ ute of hia:oric, pre-historic, or paleon~ological importance or any si~e desi~a~ed as a critical enviro~en~l area by a local agency? · · · Yes _~ 10. W~i proJec~ have a ~Jor effect on exis~g or future recreational oppor~ities? · · · .,. Yes ..~ No 11. Will projec~ result in ~Jor ~raffic problems or cause a major effect ~o existing transpor%a~ion systems? · . . . . . . . . . . ~ Yes ~ No 12. Will projec~ reg~arly cause objectionable odors, noise, glare, vibration, or electrical dis~ur~ ance as a rest% of ~he project's opera.ion? . Yes .,,.X No 13. Will project have any impact on public health or safety? ~ · · . · · · ~.* · · · Yes X No 1L. Will project Affect ~he existin~ co.unity by directly causin~ a ~row~h in nermanen~ pop.a- period o~ have a major negative effect on character of ~he com.~uni%y cF neighborhood?.. Yes ~ No 15. Is there.publ~~rs~ project? Yes ~ No PREP~RER'S SIGNATb~E~~~TI~E: Architect-AGent for owner R-PR.S. iTIJG. David Saland &Rvss inC.DATE: June 22; 1983 June 22, 1983 (Today's Date) To: Southold To%¢n Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of Location of Property: property David Saland 6955 Main Rd. by Garrett A. Stranq Laurel and adjacent Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Pa_~ 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 wetiands; ho~ever, constructed along the water-lying edge of this proper=y is a bulkhead in very good condition and at least 100 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 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. -Ix] 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.S.D.E.C.] Sincerely yours, NOTE: If proposed project falls witgkin D.E.C. jurisdiction, approval must be received an.d submit{~d to our office before your application can be. scheduled for a public hearing. ../ f CO. f I /AAa b · GARRETT A. STRANG, J : ~,,~,.~:. _~',,"-.:..~,,.'T',,~7 .. i 516- 765 - 5455 ~