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Home My WebLink About3133 Southold Town Board of Appeals ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3133 Application Dated May 17, TO: Mr. Thomas Kennedy 120 Log Road Patchogue, NY 11772 1983 (Public Hearing held 7/28/83) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on August 11, 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 Request for Variance to the Zoning Ordinance Article III , Section 100-30(A) [ ] Request for The public hearing on this matter was held on July 28, 1983, at which time the hearing was declared closed pending deliberations. Upon application oi THOMAS KENNEDY, 120 Log Road, Patchogue, NY 11772, for a Variance to the Zoning Ordinance, Article III, Section- 100-30IA) for permission to use property for business purposes, 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. l; County Tax Map Parcel No. 1000-097-02-016.5. The board made the following findings and determination: By this appeal, appellant seeks a variance to the provisions of Article III, Section 100-30(A) of the Zoning Code to permit the use of property located in the "A-Residential and Agricultural" .Zone for the purposes of retail sales and rental of video tapes and equipment. The members of this board have personally visited the site and are familiar with the property as well as the surrounding neighborhood. The property in question is shown on the Suffolk County Tax Map as District 1000, Section 97, Block 02, Lot 016.5, and is more particular- ly known as Lot ~1 of Minor Subdivision of Filla, Map ~72. It comprises 65,610 square feet in area and is "L"-shaped, with 131.22 frontage along Main (S.R. 25) Road and 193.44 feet along Eugene's Road. The premises is surrounded on the north, southwest, south and east by parcels also zoned '~A-Residential and Agricultural"; and at the upper northwest corner of the premises are two parcels zoned "B-1 General Business." Across the Main Road northwesterly, of the subject parcel are parcels zoned "B-1 General Business" and directly across the Main Road opposite the subject parcel are parcels zoned "A-Residential and Agricultural." For the record, it is noted that the parcel ~n question and parcels to the south and east are not ~mproved. Since this is a use variance, before this board may grant the same, it must be demonstrated that: (1) the land in question cannot yield a reasonable return if used only for the purpose of the zone in which it is located; (2) that the plight of the owner is due to unique circumstances and not to the general conditions of the neighborhood which may reflect the unreasonableness of the zoning ordinance itself; and (3) that the use to be authorized will not alter the essential character of the neighborhood. In order for Appellant to sustain his burden to prove the lack of reasonable return, he must demonstrate this lack of reasonable return by dollars and DATED: August 22, 1983. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) (CONTINUED ON PAGE TWO) Page 2 - Appeal No. 3133 Matter of THOMAS KENNEDY Decision Rendered August 11~ 1983 cents proof. No such proof has been presented in this case, and accordingly~ the board must deny the variance applied for. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED~ that Appeal Noo 3133~ application of THOMAS KENNEDY, be and hereby is DENIED. Location of Proper%y: 33260 S.R. 25 and 225 Eugene's Road, Cutchogue; Filla Minor Subdivision Map #72, Lot ~1; County Tax Map Parcel Noo 1000-097-02-016.5. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis'~Douglass and Sawicki. (Member Doyen was absent.) This resolution was unanimously adopted. GEP~ARD P. C-O~HRINGER,,/CHAIRMAN "August 22, 1983 /~/ RECEIVED AND ~/LED BY T~ SOUTh-fOLD TO'~VN CLERK DATE ~/~/23 HOUa / /', ~ ~t;rk, To~~ld Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 ¢:FIUTHE]LD. L.I.. N,Y, 119'71 TELEPHONE (516 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERTJ. DOUGLASS JOSEPH H, SAWICKI 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 Regula~ Meeting and the following Public Hearings will be held by the Southold Town Zoning Board of Appeals at the ~~ Hall, Main Road, Southold, New York, on THURSDAY, commencing at 7:30 o'clock p.m. and as follows: 7:30 p.m. Recessed Hearing: Appeal No. 3138 - ALFRED J. TERP. r 7:35 p.m. Application of THO___~_~S ~ENNED______~Y, 120 Log Road, Pat- chogue, NY 11772 for a Variance to the Zoning Ordinance, Article 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 LMinor 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. Strang, 54635 Main Road, Southold, NY for a Variance 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 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 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, Sou~hold, NY for a Variance to the Zoning Ordi- nance, Article III, Section 100-112H for permission to develop and use parking on adjacent (leased) property identified as County Tax Map Parcel No. 1000-125-01-19.1; 1000-122-6-36. 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. Pa~ge 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, Sou~hold; 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 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 decision of the building inspector to vacate Order to Remedy Violation, pursuant to Article ×II, 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 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, and 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 Pgge 3 - Legal Notice of Hearings Regular Meeting of July ~f~ 1983 Southold Town zoning Board of Appeals 100-34 for permission to construct deck addition with &n insufficient frontyard setback, at 155 East Road, Mattituck, NY; Cpt. Kidd's Estates Map 1672, Lot 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 fo~ 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 contact Linda Kowalski at the Sou~hold Town Hall 765-1809 (or 1802). Copies to the following on or about July 11, 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 Ablgail A. Wickham, Esq. for Rok~'s Marina Mr. Philip Frumenti Mr. and Mrs. Jack Lefkowitz Mr. John Antoniou Mr. and Mrs. Henry Steinbrecher Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. Supervisor Town Board Members Z.B.A. Members Building Department Planning Board Town Clerk Bulletin Board 1983: President, 390 Rose FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL RV 1/80 RECEIVF:~ TOWN OF SOUTHOLD, NEW YORK M,~¥ii'~ FROM DECISION OF BUILDING INSPECTOR Tew,~ Clerl~ TOTHE ZONING BOARD OF APPEALS. TOWN OF SOUTHOLD, N. Y. APPEAL NO. ,~ / ~ ~ Name of Appellant k Street and Number .......... '~fY'("~'~'"c~'"cU~'/'"'-~":~.'./-../,~..7.. ............................................ .~.~..~r~.. .......HEREBY APPEAL TO Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO .................................... DATED ..................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO t ) ( ) Name of Applicant for permit of ..... ................................ Street and Number Municipality State PERMIT TO USE ,~$ ~¢?"/91~. $?-¢~ PERMIT FOR OCCUPANCY 1 LOCATION OF THE PROPERTY ..~.~.&.-..~...~.¢..~,~.g. ,.~.,A¢..~._ .~zC.,.?....~..~.~.~;..q..~...~../~../~.....~.~...~.&....~.~.~*¢uE Street Use District on Zoning Map Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APP~LED (Indicate the Article Sectior, Sub- sectio~ OhO Porogrop~ of the Zor ng Ordinance by number. Do not quote the Ordi.nancej 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due ~o lack of access (State of New York Town Law Chop. 62 Cons. Laws Art. 16 Sec 280A Subsection 3 4 PREVIOUS APPEAL A previous appeal (has) (has.___not) been made with respect to this decision of rne Building inspector or with respec~ to this ~roperty. Such eppeal 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 ) ,s requested for the reason that ~/~¢~/(q-~/, t $ \ Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaJ difficu~¢[es or unneces- saw HARDSHIP because 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 distric~ because ~f~_ tc,~,~ b~ ?~/~£/t-p~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE. THE CHARACTER OF THE DISTRICT because -F~,~: ~b''~c~4'tAjr~ ~3r2~£~'c~( ~ ~'r'~g ;44;Z~ To: Bennett Orlowski,Jr., Chairman Victor Lessard, Building Department Administrator James A. Schondebare, Town Attorney From: Valerie Scopaz, Town Planner RE: Gas station on Southeast corner of State Route 25 and Eugene's Road, Cutchogue. SCTM ~1000-97-2-15. Date: May 31,1988 At the above-named site, a large steel-framed "Butler"-Type building has been erected alongside an existing gas station. There is no approved site plan on file for the construction of this building. Further, the site owner was not required to apply to the Zoning Board of Appeals for permission to expand a use that is permitted by Special Exception only. This situation has been discussed on several occassions, by all the above; however, no move has been made to require that an amended site plan be filed with the Planning Board's office. In order to protect the Town, it is essential that there be some consistency in requiring site plans. Otherwise, the Town is open to changes of being arbitrary and capricious in its application of the Town's Code. Furthermore, other owners of business property may decide to circumvent the procedure by applying for an accessar¥ building rather than filing a site plan to expand an existing building. If this happens, there is no point in having a site plan review procedure at ail. Consequently, the following recommendation is offered: that the property owner be required to file an amended site plan and that the amended plan be in compliance with the Code requirements. PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING Mr. Gerard P. Goehringer, Chairman Town of Southold Board of Appeals Southold Town Hall Main Road Southold, N.Y. 11971 Re: Application of "Thomas Kennedy" (#3133) Town of Southold (SD-83-14). Dear Mr. Goehringer: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the Suffolk County Planning Commission on September 7, 1983 reviewed the above captioned application and after due study and deliberation Resolved to disapprove it because of the following: 1. Sufficient information has not been submitted to demonstrate com- pliance with applicable "use variance" criteria; 2. It constitutes an apparent circumvention of legislative powers exclusively delegated to the Town Board; and It would tend to establish a precedent for further business develop- ment in the locale along N.Y.S. Rte. 25 inconsistent with the Town of Southold Development Plan which designates this area for suburban density single family residence development. Very truly yours, Lee E. Koppelman Director of Planning Chief Planner GGN:jk Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 ~OUTHOLD. L.h, N.Y. 11971 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: xx Variance from the Zoning Code, Article III , Sectioni00_30(A) Variance from Determination of Southold Town Building Inspector ~ Special Exception, Article , Section -- Special Permit Appeal No.: 3133 Applicant: THOMAS KENNEDY Location of Affected Land: ~5 Eugene's Rd., Cutchogue County Tax Map Item No.: 1000- 097-02-016.5 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. was denied COMMENTS: Applicant~~x~ permission to use property for business purposes, to wit: Video Tape Rental and Equipment Sales. Copies of Town file and related documents enclosed herewith for your review. Temp. gecre~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 SOUTHOLD, L.I., N.Y. 11g71 TELEPHONE (516) 765-1809 August 23, 1983 Mr. Thomas Kennedy 120 Log Road Patchogue, NY 11772 Re: Appeal No. 3133 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 GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary LIN[ SOUTHOLD TOWN BOARD OF APPEALS ATT: ~ARD ~. ~OEHRIN~R, Chairman Main Road- STATE ROAD 25 Southold, N.Y. 11971 Dear Mr. Goehringer: June 14, 1983 In answer to the request for additional information regarding A~peal No. 3133- Use Variance, t am sorry for the delay in answering. The section of the zoning code requested is ARTICLE-6 Retail Sales 100-60A(4) # 2 The ty~e of store I am contemplating is a VIDEO TAPE RENTAL AND ~QUIPMENT SALES and possible phonograph store. The contemplated square footage (A) retail sales area would be 1200 square feet. ($) storage auea would be 400 square feet. (C) The total building area would be 1,600 square feet. The number of ~arking spaces provided will be seventeen I have enclosed a Jo~y of the survay which indicates the ~roposed egress and ingress locations as well as footage applied for accessibility. The screening contemplated for adjacent residential properties will be with a fence of appropriate height. I hope I've answered your questions properly, If you have any further questions, please contact me at either 289-8023 or if not home at 289-7227 which is a recorder. T~ you Si~e~ly, Thomas J. ~ennedy 120 Log Road, Patchogue, N.Y. 11772 lapp Southold Town Board o eals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1509 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI June 1, 1983 Mr. Thomas Kennedy 120 Log Road Patchogue, NY 11772 Re: Appeal No. 3133 - Use Variance Dear Mr. Kennedy: In reviewing your recent application for a variance to permit a retail store in this A Residential and Agricul- tural District, the board feels your application is vague and the following information is requested: 1. Which section of the zoning code is the use you are requesting? 2. What is the type of retail sales you are proposing? 3. What is tbe proposed square footage for each of the following: (a) retail sales area (b) storage (c) building area? 4. How many parking spaces are proposed at 350 square feet (Article XI, Section 100-112)? 5. Where will the egress and ingress be located and how much square footage will be applied for accessibility? 6. Will screening be provided for adjacent residential properties (Article XI, Section 100-112-K). Ail business uses in the Town of Southold are also subject to site plan approval of the Planning Board, and the above should be included in the site plan. Page 2 Mr. Thomas Kennedy Appeal No. 3133 If you have any questions, please do not hesitate to call. You~rs very trul~ ~ lk ~ ~ T L.-','~T g~ ,~,T C LJ TC 1~I ,:3 C'~ U ? 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, 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 Hear- ins: Appeal No. 3138- AL- FRED J. TERP. ~ 7:35 P.M. Application of /r THOMAS KENNEDY, 120 [ Log Road, Putchogue, N.Y.~ ~ 11772 for a Variance to the ~ Zoning Ordinance, Article IR, ~ ~ection 100-30(A) Tot permis. ~ sion to use property ford · business purposes, to wit:g · Video Tape Rental and Equip- ment Sales, at premises locat- ed at 33260 S.R. 25 and 22~ Eugene's Road, Cutchogue; Fills 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 Gasrett A. Strong, 54655 Main Road, Southold, N.Y. for a Variance to the Floodplain Management Law, Chapter 4~, 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 Garter A. Strong, Main Road, Southold, N.Y. for a Variance to the Zoning Ordinance, Article III, 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 III, Main Road, East Marion, N.Y. 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, N.Y.; County Tax Map Parcels No. 1000- 061-02-005, 006, 007. 8:00 P.M. Applicaton for RICHARD DeMARIA, by Gar- reft A. Strang, Main Road, Soothold, N.Y. for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and -.lO0-3~.~nrpe ' ' struet addition with rodUc~)o~t in rearyard setback at 900 Minnehaha Boulevard, South- old, near Laughing Waters; County Tax Map Parcel No. 10~04~7-02-006. 8:05 P.M. AppRC~'~°n COUNTY OF SUFFOLK SS: STATE OF NEW YORK PalricJo Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in. Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ....................... ../. .............. weeks successively, commencing on the ............. ./.,,/..7. ............. doy~ ......... :~ ....................... 19.....~-'~ ................ ' .... Sworn to before me this ............... ./..?....ff~.. ...... day of .......... .................. , CLEMENT d. ?HOMp,c ON NOTARy PUBLIC, State of R~d~' 52,9321 ?25 ' g in SUffolk ~mi~n ~res March LEGAL NOTICE NOTICE IS HEREE GIVEN, pursuant to sectie 267 of the Town Law and Provisions of the Amended Cede of the Town of Southold, a Regular Meeting and the following Public Hearings willi SouthoIgftLVY for a Variance tb the Fl~lain Management Law, C]{~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. 1000-017.0~006 and part of 007; 1000-023-2-part of 001 and 003. 7:45 p~m. Application for on a private right-of-way off RVSS, Inc. (RazmatazL by the north side of Summit Garrett A. Strang, Main Road, Drive, which premises also Southold, NY for a Variance to fronts ilong the south side of the Zoning Ordinance, Article Sound ' Beach Drive, ili, Section 100-112H for Mattituck, Cpi. Kidd's Estates permission to develop and :, Part of Lot 11; County Tax use parking on adjacent Map Parcel No. 1000-106-01- (leased) property identified as 042.1. · 1C0~5.~.~9.1M:alP( Parcel No. ~ :8:35 p.m. Application of - . 000-122-6-36. i~.:,~ JOHN ANTON1OU, 155 East 7:50 p.m. Application of '~: ~ Road, Mattituck NY for a ROBERT W. GILLISPIE !1I, ~! 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, Section 10o-71, and Bulk Schedule, for approval of ' insufficient area, width ~nd sideyard setbacks of bnilding in this proposed two-lot division of property located at the northeast corner of County Tax Map P~I No. 9:30 p.m. Applica-[ion 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 III, Section 100-31 for permission to COnstruct one-family dwelling. with an insufficient frontyard setback, at premises located Southold, near Laughing Waters; County Tax Map Parcel No. 10~0.087.02-006. 6:05 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 ainng the south side of Traveler Street, Southold, NY; County Tax Map Parcel No. 1000-61-01-015. 6:10 p.m. Application of DAVID AND BOI~NIE 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 construct deck addition with an insufficient frontyard setback; at 106 East Road, Mattituck, NY; Cpi. Kidd's Estates Map 1672, Lot 111; County Tax Map Parcel No. 1000-106-03.009. 8:45 p.m. Application of Beckwith Avenue and Main HENRY AND VIRGINIA. Road, Southold, NY; County ' STEINBRECHER, 1525 Hay- Tax Map Parcels No. 1000061- waters Road, Cutchngue, NY 02-006, 006, 007. ~. . for a Variance to the Zoning 6:00 p.m. Application for , ~ Ordinance, Article III, Section RICHARD DeMARIA, by 100-31 for permission to Garrett A. Strang, Main Road, ~ .~'~.Construct addition with an ~So~e ~ol.d, ~ f.o.r a Varia. nen to . insufficient frontyard setback, ,~ aoo~..ng or.~?~_nce,.Article at 1525 Haywaters Road, · ~, otcuOns luv-31 an~l 100-34 ,. Cutcho~e, NY Nassau Point for permission to construct . ' Subdiwsion, Section D, Map addition with reduction in . 806 Lot 333; County Tax Map rearyard setback at 900 Parcel No. 1000-111.4-12. Minnehaha Boulevard, DATED: JUNE 30, 1983. ~ · ' ~-~'~BYORDEROF .. · THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER Fo~' further information, please contact Linda Kowalski at the Southold Town Hall 765- 1809 (dr 1802). ' ITJy14-4297 900 Haywaters Road, Cutchogue; Nassau Point Properties Map 763, Lot 11 be held by the Southold Tow~. .- County Tax Map Parcel No. Zoning Board of Appeals af~ 1000-111.03.06. the Southold Town Hall, M~ 8:15 p.m. Application for Road, Southold, New York, on~; ROKE'S MARINA, INC., by THURSDAY. JULY 28, 1983 A.A. Wickham, Esq., Main commencing at 7:30 o'clo~{~ ,Road, Mattituck, NY, p.m. andas follows: <.i_~ appealing a'decision of the 7:30 p.m. Receese~ building inspector to vacate Hearing: Appeal No. 3138~ Order to Remedy Violatiou, Al F~r~ ~ m.~.,,~, · ~ . pursuant to Article XII, e'- 7:35 p.m. Application ~ Section 100-121A Provisions of THOMAS KENNEDY, 120 LO~ ~ the Zoning ' Ordinance Road, Patchogue, NY 11772 ~ Appealed: Articles I, 100-13; for a Variance to the Zoning ! II, 100-20A: VIII, . 100- Ordinance Article llI, sacti~n 180(B)[14] & [15]; XlV, 100- I100-30(A) for permission t9 ] 144(A)[2](B); XI, 100-118. use property for businesi [ Location of Property: East purposes, to wit: Video Tape ~ Side of New Suffolk Road, Rental and Equipment Sales, / New Suffolk, NY; County Tax at premises located at ~2_,~. [ MapNo. 1000-117-5-28&29. [S.R. 25 and 225 Eugene's ~ 8:25 p.m. Application of Road; .Cu!chogue; Filla Minor ! PHILIP FRUMENTI, 3825 p Nq~' for a Variance to the Zoning ~,~000-097.02-016.5. Ordinance, Article III, SecUon 7:40 p.m. Application f~r 100-32 ior permission to ORIENT-EAST MARION construct carport in the PARK DISTRICT, by Garrott frontyard area, at 3825 Stars STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) ,ToRll W. C-11;5~;a'¢;5oI1 of Greenport, {n said County, bein9 duly sworn, says that I~/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for oIle weeks successively, commencing on the 1 ~cl'i day of ,.Tu].y 19 8~ incipal Clerk Sworn to before methis 1 4~h dayof .T~C~ ~ 19 ~} JUDITH T TERRY REGISFRARO[ VIIALS) I \II'4[ICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 1 i971 TELEPHONE (516) 765-1801 May 17, 1983 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3133 application of Thomas Kennedy for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from th~ Building Department; and survey. ~ VJudith T. Terry .~ Southold Town Clerk RECEIVED TOWN OF SOUTHOLD, NEW YORK ~/IA¥.].~I:~ FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. DATE .., .S, ~./~. ~' "~//~..~., ......... zZ Name of Appellaht Street and Number .......... .~..~......q..~.O.~z.~.~:...~.,. .................................................... .~...~..~.~ ......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Street and Number Municipality-- State )PERMIT TO USE ) PERMIT FOR OCCUPANCY ( ) ]. LOCATION OF THE PROPERTY g..g..~ ..~.~..~ ,Nzd.& ;-f I.~.~. ~....+..,,~..~.?...,~;...?......~./.;.d./~b ¢%T..~.f/o6q~ Street Use District on Zoning Mop · .... 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.) 3. TYPE OF APPEAL Appeal is made herewith for (~") A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has n._~_~ot) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ,s requested for the reason that /~0 ~Z.~'T~ ~'orm Z~! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ~'/~ jD~o~/vq?,~ ,&-~'~ou/t~0,~ 7~o ~ ~2~ 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 ~T~[ (~ ~t~t~L) 'l.c o,,O /t,tA //° ¢7;q'T£ ,~o,4~ ~o,~.-c£ ;~.q-, ,oC_~'-r- 'ro p~p~/vr;r.-( ~,,~c~, ,~- I 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~ ~o~RMI 6 Signature C~ Sworn to this .......... --' './..~ ....................... day of ....... ~ ............................. 195 / [LIZAOETH ANN NEV[LL~ ~OTARY PUBLIC, State of New York No. 82-8125850, Suffolk ~un~ MAYi 1 7 1983 BOARD OF APPEALS, TOWN OF SOUTHOLD TovA1 I~IBIK 1~OUtllol~! In the Matter of the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE 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 ~ (Special Exception) (Special Permit) (the following relief: 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: ~:~,£/dE~ Ai~ ~Ok ~.~-[~ /~/I-'l~) ~. ~e~..~,~- Co.~ ~) -~- ~ 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: C',~-I~J~;~ O-~c~' ~'~. ~/--c) Co/~'~'/~(~ I ~/-- - I'~ T,,,Az ,' ,,.17o 5. That the provisions of the $outhold Town Zoning Code applicable to the relief sought by the under- signed are: ~ ~ ~ ~---~g ~,00-- ~ .~ · 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. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the 8oard 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 To~n ef Seutbold and desigv, a~d for the publication of such notices; that you or your representative have the right to al~ an~l be heard at such hearing. Da~t ed: '~r~//"~ / L~"...~ Petitione~ Po~t Office I /I77~- NAME PROOF OF MAILING OF NOTICE ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) c drK ,belngdulysworn, depo~ndstysihatonth% I~ day of ~ - - ' ~ ' , 19 ~% , deponent mailed a true copy of the Notice ~t fo~h on therre- verse side here~f~directed to each of the ~bove-named persons at the address~ set opposite thor respective name; that the addresses set opposite the names of said persons are the addr~ses of said persons as shown on the current assessment roll of th~ Town of Southold; that said Notices were mailed at the United States Post rice at / ~ ~/~ ~ ~ / ~ ;that said Notices were mailed to each of ~id persons by (certified) ~register~d~' ~ail. Sworn to b~ore me this )~ ~ dayof ~ _11 ,'19~ ~ Notary Public EL~AB~H ~N ~RY PUBLIC, State of N~ (Today's Data) Suu=~.o_d Town Board of ~_~r~ls · f!ain Road Southo!d, NY 11971 Re: Appeal Application of Location of Property: 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 La~..;, please be advised that the subject prcperty iQ the within appeal application: (please chic:< one box) [ ] ~Iav be ~ =~ ' ' / . ,oc~d w!tnin 300 feet of tidal wetiands; hc~¢ever, constructed along the water-lying edge of tn!s p=c_~e~~3 is a bulkhead in very good condit~cn and at le~s~ 100 feet in length.* [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this properay is a bulkhead in need of (minor) length. ~epal_s, and approximately feet in [ ] 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 nc bulkhead or co ~=~ · 'on the premises, n~__~e wall ex~sting 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, ~o-9naUura ~5iease) o[~ NOTE: If proposed project falls wit4lin 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. SHORT ENVIROh'MENTAL ASSESSMENT FORM 0 .C 0 O INSTRUCTIONS: (a) In order to answer the questions in this short gAF is is assumed that the preparer will use currently available infor?~ation concerning the project and the likely impacts of the action. It is not exoected that additional studiee~ rossarch or other investigations will be undertaken.' (b) If any question has been answered Yes the project may bs significant and a ccmpteted Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is not significant, (d) Envirornuental Assessment Will project result in a large physical cbmnge to the project site or physically alter more than 10 acres of land? . · . . . . . 2. Will there be a major change to any unique or unusual land form found on the site? Yes 3. Will project alter or have a large effect on an existing body of water? . . . . . Yes Will project have a potentially large lmpac~ on groundwater quality? · .... · · Yes 5, Will project significantly effect drainage flow on adjacent sites? · · · · , · · Yes 6. Will project affect any threatened or endangered plant or animal species? . o · , · , Yes 7. Will project result in a major adverse effect on air quality? · o · · · . . Yes 8. Will project have a mmJor effect on visual char- acter of the community or scenic views or vistas kno~ to be important to the community? . . . 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? . . . 10.Will project have a major effect on existing or future recreational opportunitiee~ . . . ll. Will project result in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause objectionable odors~ noise~ glare~ vibration~ or electrical disturb- ance as a result of the project's operation? 13. Will project have any impact on public health or Will project &ffect the existing community by directly causing a growth in oermanent popula- tion of more than 5 percent o~er a one-year period o__r have a major negative effect on the character of the com.~unity cr neighborhood?. 15. Is there pu?.~c controversy concerning the project? Yes REPRESENTI~G: Yes ~f No No h No k No k No Yes ~ No Yes _~__ No ., Yes ~( No Yes /~ No Yes /~f No Yes / No Yes ?~ No FORM NO. 6 TOWN OF SOUTHOLD Building Department Town Hail Southold, N.Y. 11971 APPLICATION FOR CERTIFICATE OF OCCUPANCY Instructions A. This application must be filled in typewriter OR ink, and submitted in duplicate to the Building Inspec- tor with the following; for new buildings or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic featu res. 2. Final approval of Health Dept. of water supply and sewerage disposal-(S-9 form or equal). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa- tions, a certificate of Code compliance from the Architect or Engineer responsible for the building. 5. Submit Planning Board approval of completed site plan requirements where applicable. B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of peoperty showing all property lines, streets, buildings and unusual natural or topographic features. 2. Sworn statement of owner or previous owner as to use, occupancy and condition of buildings. 3. Date of any housing code or safety inspection of buildings or premises, or other pertinent informa- tion required to prepare a certificate, C. Fees: 1. Certificate of occupancy $5.00 2. Certificate of occupancy on pre-existing dwelling er land use ~¢/o/,~5.00 3. Copy of certificate of occupancy $1.00 /' Date .. /('~._'~ 1t¢ I~ New Building ............. Old or Pre-existing Building(Z) ........ = ZVacant Land~ .... c~'~-/'¢~//~5'E~......... House N .o~ ........ '/' ...... 'S'tr'e;t .............. ~'~-R~rnlet-- . . . . C . . ' Owner or Owners of Property .. County Tax Map No. 1000 Section .... (~..c~..7. ....Block .._ .~..~2 ........ Lot..~./..~'-.-.~..'~. ..... Subdivision.../~...~'~...'..C~:~.. ~./~. ............... Filed Map No.~--,~..~..~. ....Lot No.../. .......... Permit No ........... Date of Permit .......... Applicant ..... ; ............................ Health Dept. Approval ........ .Z,:', .~./.~,.'. ......... Labor Dept. Approval ...,~, .~.~..: .............. Underwriters Approval ........ /'. ~'.(~. ............ Planning Board Approval . Request for Temporary Certificate ..................... Final Certificate ~ - Fee Submitted $ ............................. Construction on above described building and pe~t'meets al! ap~cable_,codes and regulations. APplicant. ,, ..,~..~ _~_..~,_,~,j~ ,~.' ....................... Rev. 10-10-78