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HomeMy WebLinkAbout3162 Southold Town Board of Appeals NAIN RI3AD-STATE RnAD 2,5 ~DUTHOLD, L.I., N.Y. 11cJ71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3162 Application Dated July TO: Mr. Robert Ketcham, T.J. LUKAS Truman's Path, Box East Marion, NY 28, 1983 (Public Hearing held 8/31/83) as agent for [Appellant(s)] 295 ~: 11939 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 VI , Section 100-60(C) [3] [a] [ ] Request for The public hearing on this application was held on August 31, 1983. Upon application for T.J. LUKAS, by R. Ketcham as agent, Box 295, East Marion, NY for a Variance to the Zoning Ordinance, Article VI, Section 100- 60(C) [3] [a] to erect an off-premises-directional sign upon premises of T.J. Lukas for the Puerto Verde Restaurant at 69700 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-045-05-002. The board made the following findings and determination: By this appeal, applicant seeks to erect an 8' by 3' directional sign for the Puerto Verde Restaurant, which is located on Manhanset Avenue in Greenport. The sign is proposed to be set back a minimum of five feet from the front property line (along the Main Road). The property in question is zoned "B-Light Business" and is located at the south side of the Main Road (S.R. 25) and contains approximately 7.5 acres in area. Article III, Section 100-30(C) [6] (f) permits those signs as may be authorized as a special exception by the Board of Appeals, and those signs which are permitted must be directional in the public interest as distinguished from advertising of services. Such signs would be condi- tionally permitted in an "A-Residential and Agricultural District." Article VI, Section 100-60(C) [2] permits only those signs advertising the business conducted on the subject premises. The premises in ques- tion is vacant land, except for one other directional sign for the Rhumbline Restaurant which is located at the most northeasterly corner of the premises. It is the opinion of this board that the relief requested is within the spirit of the zoning ordinance and agrees with the reason- ing of the applicant. In considering this appeal, the board determines: (1) that the variance request is not substantial; (2) that no detrimental effect to adjoining properties will be created; (3) that no adverse effects will be produced on available governmental facilities of any increased population; (4) that the circumstances are unique; (5) that the relief requested will be in harmony with and promote the general - purposes of zoning, and (6) that the interests of justice will be served by allowing the variance, as indicated below. The board also determines that the use will not prevent the orderly and reasonable (CONTINUED ON PAGE TWO) DATED: October 4, 1983. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3162 Matter of T.J. LUKAS Decision Rendered September 13, 1983 use of adjacent properties or of properties in adjacent use districts; that the use will not prevent the orderly and reasonable use of per- mitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts; that the safety, health, welfare, comfort, convenience and order of the town will not be adversely affected by the proposed use or its location; and that the character of the neighborhood will not be changed. On motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that Appeal No. 3162, application for T.J. LUKAS for permission to erect an off-premises-directional sign for the Puerto Verde Restaurant, BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Written permission of the property owner for sign erection. Said sign shall continue only as long as the property owner's consent is in effect. 2. The purpose of the sign must be directional in the public interest, and accordingly, shall bear the words as generally indicated in this application for the Puerto Verde Restaurant. If said wording is to be amended to change the purpose of the sign, written approval is required from this board. 3. Said sign shall not exceed the sign of four feet by six feet (4' by 6'). 4. Said sign shall not be less than five feet (5') from any property line; the bottom edge of said sign shall not be less than four feet (4') above ground. 5. Said sign shall not be illuminated. 6. Said sign permit hereby authorized shall be renewed annually in writing after sending a written request to this department no later than August 30th of each year and in accordance with all the conditions listed herein. 7. Said sign permit is subject to the Federal Highway Beautifica- tion Act and Funding Laws for Highways, when applicable. 8. Said sign permit shall be subject to receiving Suffolk County Department of Planning recommendations pursuant to Sections 1323, et seq. of the Suffolk County Charter. Location of Property: 69700 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-45-5-002. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. t' zCEIV=D AND FILED BY T~iE .5OiJ't'I~LD TOV~N CLERK DATE / ~//~5/~3 HOUR ~ '~ GERARD P. GO~E~RING~K, CHAIRMAN October 4, 1983 ~/ Southold Town Board of Appeals MAIN RrlAD- STATE ROAD 9.5 SI-I!JTHI3LD, L.I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGON[S, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH N. 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 Regular Meeting and the following Public Hearings will be held by the Southold Town Zoning Board of Appeals at the Town Hall, Main Road, Southold, New York, on WEDNESDAY, AUGUST 31, 1983 commencing at 7:30 o'clock p.m. and as follows: 7:30 p.m. Application of JOHN J. CLAVIN, Madeline Avenue, Fishers Island, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-32, for permission to locate accessory building in an area other than the required rear yard, at premises known as Lot ~2 of Minor Subdivision 9231, Fishers Island Utility Co., and more particularly known as County Tax Map Parcel No. 1000- 006-08-3.3. 7:35 p.m. Application of ELIZABETH SCHWIEGER and MARGARET MURRAY, Light House Road, Southold, Ny for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for ~pproval of three proposed lots, each having insufficient area, width and/or depth, and/or insufficient setbacks of existing buildings due to location of lot lines, located at the east side of Light House Road, Southold; County Tax Map Parcels No. 1000-51-02-001 and 002. 7:40 p.m. Application of RICHARD REUNIS, 1500 Beebe Drive, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30(C) for permission to locate tennis court with 10' high fence accessory to the principal structure (dwelling), known as 1500 Beebe Drive, Cutchogue; County Tax Map Parcel No. 1000-103-03-004. 7:45 p.m. Application of WILLIAM AND LINDA ZINGARO, P.O. Box 306, Cutchogue, NY for a Variance to the Zoning Ordinance, Article XI, Sections 100-119 (A & B) for permission to retain hedge height over four feet high along the frontyard along Pequash Avenue, Cutchogue~ at premises known as 55 Pequash Avenue (30100 Main Road), Cutchogue~ NY; County Tax Map Parcel No. 1000-102-03-007. Page 2 Legal Notice of Hearings Regular Meeting of August 31, 1983 7:50 p.m. Application for DIMITRIOS PAPGIANNAKIS, by D. Kapell, as agent, 400 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, to redivide two parcels, each having insufficient area and width and located off the west side of Stars Road, East Marion, NY; Stars Manor Subdivision Map ~3864, Lots 20 and 21; County Tax Map Parcels No. 1000-22-0~-001 and 002. 7:55 p.m. Application of CHARLES AND CLAIRE WOOLLEY, 520 Private Road ~12, Southold, NY for a Variance to the Zoning Ordinance, Article Iii, Section 100-32 for permission to build garage/storage building in the frontyard area at premises known as 520 Private Road ~t2 (near Bayview), Southold; County Tax Map Parcel No. 1000-078-06-006. 8:00 p.m. Application for A. DELANEY, by Environment East, Inc~, Indian Neck Lane, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for. permission to construct accessory garage/storage building in the frontyard area at premises located at the south side of Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-128-02-009. 8:05 p.m. Application for PETER LUHRS, by Michael J. Hall, _ _ Esq., 218 Front Street, Greenport, NY for a Special Exception to the Zoning Ordinance, Article VII, Section 100-70(B) [4] for per- mission to establish a public garage/repair station in this B-1 General Business District, premises known as 45845 North Road, Southold, NY; County Tax Map Parcel No. 1000-55-02-17 (Owner: L. P. Edson).  8:10 p.m. Application for ~-J__z' LUKA_____~S, by R. Ketcham, as gent, Box 295, East Marion, NY for a Variance to the Zoning rdinance, Article VI, Section 100-60(C) [3] (a) to erect an off-premises-directional sign upon premises of T.J. Lukas for the Puerto Verde Restaurant at 69700 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-045-05-002. 8:15 p.m. Application of CUTCHOGUE FREE LIBRARY, Box 935, Cutchogue, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, for permission to construct addition with insufficient rear and side yard setbacks, and small addition reducing the frontyard setback, at premises known as 28735 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-05-22 and part of 23. 8:20 p.m. Application of CUTCHOGUE FREE LIBRARY, Box 935, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article VII, Section 100-70(B) [1] (a) for permission to use proposed addition for library use at premises known as 28735 Ma~n Road, Page 3 Legal Notice of Hearings Regular Meeting of August 31, 1983 Cutchogue, NY; County Tax Map Parcel No. 1000-'102-05-22 and part of 23. 8:30 p.m. Application for MARJORIE CLUST (SMITH), by Patricia L. Blake, as agent, Box 166, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to re-divide four subdivision lots which have become merged, into two separate half-acre lots located at the west side of Summer Lane and the east side of Cedar Ave. (Lane), Southold, and more particularly identified as Bayside Terrace subdivision Map %2034, Subdivision Lots 4, 5, 13 and 14; County Tax Map Parcels No. 1000-78-09-4, 5, 12, and 13. 8:40 p.m. Application for EDWARD J. and HAZEL K. BOYD, 3880 Robinson Road, Southold, NY, by E.J. Boyd V, Esq., for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory garage/storage building in the frontyard area of premises known as 3880 Robinson Road, Southold, NY; County Tax Map Parcel No. 1000-081-03-009. Dated: August 17, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN For further information concerning the above hearings, please contact Linda Kowalski, Secretary for the Zoning Appeals Board, at 765-1809 or 1802, Southold Town Hall, Main Road, Southold, New York. .......................... ,, ........................................ end of notice-- Instructions to newspapers: Please publish once, to wit: Thursday, August 25, 1983 and forward one affidavit of publication to: Board of Appeals, Main Road, Southold, NY 11971, on or before August 30th. Copies to the following on or about 9/19/83: Mr. John J. Clavin Ms. Elizabeth Schwieger and Margaret Murray Mr. Richard Reunis Mr. and Mrs. William Zingaro Mr. David Kapell, as agent for D. Papgiannakis Mr. and Mrs. Charles Woolley Environment East, Inc., as agent for A. Delaney Michael J. Hall, Esq, for Peter Luhrs Mr. Robert Ketcham, as agent for T.J. Lukas and Puerto Verde Rest. Mr. William B. Peters, Cutchogue Free Library Mrs. Patricia L. Blake, as agent for M. Clust (Smith) Edward J. Boyd V, Esq. for Mr. and Mrs. E.J. Boyd Town Clerk Bulletin Board Supervisor & Town Board Members Southold Town Planning Board & Z.B.A. Members Posted on Z.B.A. Bulletin Board 8/19/83 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No. To /.~.-.~..r....~:..~./o.~ ......... . .~5~ y....~.7.~ .................... ·..~z:. ~.~: ¢~.:. ~ .,..7... ,,','.7...~ PLEASE TAKE NOTICE that your application dated .... '~.~..~.~. forpermit to construct .... ~..Gf/,-/./~....~...,~K,/ LocationofPrope~y ~ ~aa ~//~. ~.. .~ ..... / o~. . ........................ Street County Tax Map No. 1000 Section .... ~.~ .... Block ...~ ...... ~t .O~ ....... Subdivision.. ' ~ Filed Map No. --' Lot No .................. is returned herewith and disapproved on the fonow~g gro~ds. ~~. ~ff~..~W~ ./~ ........ , ............................... ~ ~ .~.. ~/.~ Bu~dNg Inspector RV 1180 Examined ................. 19... FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1803 Approveff ................. 19... Permit No ............ Disapproved a/c ..................................... Received .......... ,19... (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be complstely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according ro schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is parr of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit slial/be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in parr for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all apphcable laws, ordinances, !~/lding code, h~u~ing code, and regulations, and to admit authorized inspectors on premises and in building for necessar~l~s/p~cti~__.n~. ' State whether applicant is owner, lessee architect, engineer, general contractor, electrician, plumber or builder. ~ arne of owner of premises . (as on the ta× roll ;; i/t;;t' Ji) ......................... If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder s License No .......................... Plumber's License No ......................... Electrician s L~cense No ....................... Other Trade's License No. 1. Location of land on which~roaosed w~fll ;v, tll be done ......... '2/'/ ............. 'ff ..................... House Number Street ........... : ....... County Tax Map No. 1000 Section ..... .<~>..~7~.-7. ...... Block ............... C~4''''''~ Lot. -<D l' '~- "'-~2o ~ Subdivision ..................................... Filed Map No ............... Lot (Name) ................ 2. Stateexistinguseand~ccupancy~f~isesan~t~-~.`and~ccupancy~fpr~p~sedc~nstructi~n:. . . a. Existing use and occupancy ...~:ff~, W'-X' '~--A~'~----.// ........... b- Intended use and occupancy .~~~...~..~. ~.~.~."''' ....... 3. Nature of work (check which app,._able): New Building ......... : AddiL ~n. ......... Altemtio~0/~:/ .; ..... Repair .............. Removal .............. Demolition .............. Other Work .a~gf/~ ..... / -(Degcfiption) 4. Estimated Cost .... ~ ~ ............................ Fee ...................................... (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ................ If garage, number of c~s ........................................................................ 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ..................... 7. Dimnsions of existing structures, if any: Front ............... Rear .............. Depth ............... Height ............... Number of Stories ........................................................ D~ensions of same structure with alterations or additions: Front ................. Rear .................. Depth ...................... HeiSt ...................... Number of Stores ...................... 8. Dimensions of entire new construction: Front ............. Rear . ./ ........ ~ .l - Depth ............... Height ............... Number of Stoties ......... : ....... ~/. v~g-~ .......... i .......... Size of lot: Front ...................... Re~ ............... J ..... ~ D~th ...................... Date of Purchase ........... Name of F~er Owner ....... ~, y-,-,' · 2~' ~ ........ . .'~ .... . ..... . '" . ~, t ~ tC~ 'D~¢~'~,~¢.C..~ ...... Zone or use district m which premises are slruarea ................... ~ ~> ................. Does proposed construction violate any zonin~ law, ordinance or regulation: .......................... : ..... Will lot be regraded . .. ~ · ~ ./~ , ~ Will excess fill be r~ov~d from premisesr XYes No ' ~ ..... 2~t t ' ~ ] } ~" Xddress~ O -~7 FJ~t ~- Phone No/~/~)7~ ~ Nme of Owner o~ premises'r";'/'" · ~-' ~m~' Address ~ ~'~ ~ ' z~o'~'~u ~' Phone No--t" ........ '/ ~' ' .... 'A'Z~' Nme of Mchitect ...~ ..... 7,--s ........... ~'~7'~' ~ Ad ss u ~ ~ Phone No~ N~e of Contractor ~~ dre ....... ~ ~ .............. q'//'oo PLOT DIAG~ Locate cle~ly ~d distNctly ~1 bu~dNgs, whe~er exist~g or proposed, ~d~ indicate ~1 set-back d~ensions from [o deed, ~d show street n~es ~d Ndicate whe~er property lines. Give street and block interior or comer lot. ~A STATE OF NEW YORK, S S COUNTY OF/f~ ...... ........ ! (Name of individual signin= conrracti .......... bern= duty. sworn, deposes and says that he is the applicmnt above named. He is the ................................. ~~i~' '~ ..... i't ........... (Contractor, a=eltt, corporate officer, e~c./ of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file t_his application; that ali statements contained in this application are true to the best of his imowleage and belier and that t e work will be performed in the manner set forth in the application filed therewith. Sworn to before me this ........................ day of ..................... ,19... Notary P_ublic, . .......................... ~ ...... County (Signature of applicant) ~JUL ~8 '~3 TOWN OF SOUTHOLD, NEW YORK ~ ~, .. -- ~ .~ ~/~N~e of Appellant ~ ' Street a~'~umbe~ .......................... .......... ' .................................. Number ( ~ PEEMITTO USE ~ '" ( ) PERMIT FOR OCCUPANCY ~ o~...:.....-. .......................... ~.~ ........ ~ ............... M~ ~o, ~, 2. ;ROVIS]ON (S) OF THE ZONING ORDINANCE APPEALED (Indicate the/Article Sector, S~ of,h by nu r. o o~quote the 0rdinance) 3., ~E OF APPEAL Appea is made herewith for ( ~ A VARIANCE to.the Zoning Ordin.ance or Zon ng Map A VARIANCE due to lack of access (State of ~ew York Town Law Chap. 62 Cons. Laws Art. 16 Sec 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (hos)/(~as not)~..~,een maae with respect to this decision of the Building Inspector or with respect to this pr~ 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 Variance to the Zoning Ordinance ) ~s requested for the reason that ~ze wott].c~ Form ~.31 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE wouJd produce practica~ difficuJties or unneces- 2. The hardship created is UNIQUE and is not shared by ali properties aiike in the immediate vicinity of this property and in this use district because 3 The Variance would ob~e~e ~he spirit of the OrdinanCe and WOU~D NOX CHANGE CHARACTER OF T~E D[SXRICT because COUNTY O ) ~OTARY PUBLIO, ~ate ~ New ~o. 52-8i258~, Surfak Term Expires March 30, COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 Town of Southold Board of Appeals October 18, 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 M,,n~cipal File Number Richard Reunis William & Linda Zingaro Charles & Claire Wooley A. Delaney Peter Luhrs ,T~_~..~kas --~--.... John J. C!avin Edward & Hazel Boyd 3155 3156 3158 3160 3161 3162 3164 3165 GGN:jk Very truly yours, Lee E. Koppelman Director of Planning Gerald g. Newman Chief Planner Southold Town Board of Appeals HAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 1~1971 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 VI , Section 100-60(C) [3] (a) __ Variance from Determination of Southold Town Building Inspector ~ Special Exception, Article , Section __ Special Permit Appeal No.: 3162 Applicant: T.J. LUKAS Location of Affected Land: 69700 Main Road County Tax Map Item No.: 1000-45-5-2. Within 500 feet of: XX (S.R. 25), Greenport or Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally- Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, ~ Within One Mile of a Nuclear Power Plant __Within One Mile of An Airport. COMMENTS: Applicant ~X~~X~~X~ was qiven conditional approval to erect an off-premises-directional siqn. Premises i~ zoned "B-Liqht." Copies of decision and minutes are enclosed fQr your record. Copies of Town file and related documents enclosed herewith for your review. Dated: October 12, 1983. Secretary, Board of Appeals Southo!d Town Board of Appeals MAIN ROAD STATE ROAD ~.5 SOUTHOLD, L.I., N.Y, 33¢37] TELEPHONE (516)765-~ 809 APPEALS BOARD MEMBERS GERARD P. GOEHEINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI October 4, 1983 Mr. Rob~rt-KetcEa~ ....... Truman's Path, Box 295 East Marion, NY 11939 LUKAS 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 766-1809 ~602, Southold LegalNOtices ToweHaIl~ Main Road, LEGAL NO~CE ~m~ion ~ ~ct a~- ~u~old, N~ York. NOTICE IS HEREBY ~ ~ garage/storage ~l~ng 1T~ GIVEN, pursuant to Section In the frontyard area at ~ of ~e To~ ~w and ~e P~ l~a~ at ~e ~u~ Provisions of the Amended side of Great Peconic Bay } SS: C~e ~ ~ To~ of Sou~old, Boulevard, Laurel, NY; COUN~ OF SUFFOLK ) a Regular Meeting and the Co~ty Tax Map Parcel No Zonin- ~ ..... {o~ 8:05 p.m. Application for the T~"~I°k~2~s ~t PE~R L~RS, by Michael,, WEDNESDAY, AUGU~ ~ Hr~n~rt, ~ for a S~elal ~ · ~xceptinn to the Zoning I~SS commencing at-~:~0 O ' o' 1~ n.m. and~=t~n · rth~ance, Arhcle VII c k~ .... ows. Sechun 100-70(B)[41 fo~ tips o,f lot lines, located at the east s~de of Light Hot/se Road, Southold; County Tax Map Parcels No. 1000-51-02-001 and 002. 7:40 p.m. Application of RICHARD REUNIS, 1500 poeebe Drive, Cutehngue, NY r a Variance to the Zoning Ordinance, Article II!, Sec- tion 100-30(C) for permission to locate tennis court with 10' high fence accessory to the principal structdre (dwel- ling), known as 1600 Bnebe Drive, Cutehogun; County Tax Map Parcel No. 1000-103-08- 7:45 p.m. Application of WILLIAM sad LINDA ZINGARO, P.O. Box 306, Cutehngue, NY for a Variance 7:30 p.m. Applicatidn of permission to establish a JOHN J. CALVIN, Madeline public garage/repair station Avenue, Fishers Island, NY in this B-1 General Business for a Variance to the Zoning ' District, premises known as Ordinance, Article III, · 46846 North Road, Southdid, Sections 10031 and 100-22, for NY; County Tax Map Parcel permission 'to locate No. 1000-56-02-17 (Owner: L. accessory building in an area p. Edson). other than tho required rear / 8:10 p.m. Application ~or T yara, at premises known as /J~ LUKAS, by R. Ketcham aZ ~ Lot #2 of Minor Subdivision ~,agent, Box 295, East Ma[i'~n //231, Fishers Island Utility [' NY for a Variance to the Zen-' Co., and more particularly ~, lng Ordinance, Article VI, , known as County Tax Map ) Section 100-60(C)[3](a) to · Parcel No. 1~3 3 ~ erect an off nremises ,~i~,, ' and MARGARET MIIRnA~~ [ a,.. as for the Puerto Verde . . _ ............ I nestaurant at 69700 Main ~q~h.t aonse..R .o~d, Sou. tho. Id, ! _Road, Gresnport, Ny; County ~or a varmnce ~o me I~ Tax MaP Parcel No 1000-045- Zon~g Ordinance, Article III, ~ 0~-002. ' ~_S~tion 100-~.l,..B. ulk Schedule., ~. 6:15 p.m. Application mr approval m mrenproposed CUTCHOGUE FREE LI- laOrt~e~,eawc.h..h,av,ng.~,nsuff.ici~nt : BP, ARY, Box 9~5, Cutchogue, , mm aaa/or aepth, NY for a Variance t~ the Zun- an~.oriasuffielent setbacks of lng Ordinance, Article VII, existing buildings due to loc~- Section i00-71, Bulk Schedule, for_~, rmission to construct addition with insufficient rear and side yard setbacks, and small addition reducing the front~,ard setback, at premmes known as ~8735 Main Road, Cutehogue, NY; County .To6.a~ Map Parcel No. 1000-102- ~ andpart of 23.. 8:20 p.m. Application of CUTCHOGUE FREE LI- BRARY, Box 935, Cutehngue, NY for a Special Exception to the Zoning Ordinance, Article VII, SectiOn 100-70(B)[I] (a) for permission to use proposed addition for library use at · premises known as 28735 Main TaR~ad, Cotchogue, NY; County x Map Parcel No. 1000-102- ~-22 andpart of 22. 8:60 p.m. Application for to the Zoning Ordinance, 'MARJORIE CLUST ArticleXI, Sectionsl00-119(A .(SMITH), by Patricia L. & B) for .l~er~m. ission to retain Blake, as agent, Box 166, hedge height over four feet Southold, NY for a Variance to high along the frcntyard along the Zoning Ordinance, Article Pequnsh Avenue, Cotchngue, .. III, Section 100-31 for at premises known as 55 kPermissinn to re-divide four Pequnsh Avenue (30100 Main ~ ,Subdivision lots which have Road), Cutchogue, NY; :;become merged, into two '~ ~-q~ny~. ~ 5 at the west side of Summer 7:60 p.m. Application for Lane and the east side of DIMITRIOS PAPGIANNAH- Ce~a. r Ave. (Lane), Southold, L% by D. Kapeli, as agent, 400 aaa more particularly Front Street, Grnenport, NY Mentifled as Bayside Terrace for a Variance to the Zoning Subdivision Map //2034, Ordinance, Article III, Section Subdivision Lots 4, 6, 13 and 100-31, Bulk Schedule, to 14; County Tax Map Parcels redivide two parcels, each No. 1000-78-09-4, 5, 12 and 13. having insufficient area and 0:40 p.m. Application for width and located off the west EDWARD J. and HAZEL K. side of Stars Road, East BOYD, 2280 Robinson Road, · Marion, NY; Stars Manor Southold, NY, byE. J. BoydV, Subdivision Map//3864, Lots 20 Esq., for a Variance to the and 21; County Tax Map Zon/n~Ordinance, Articlelll, Parcels No. 1000-22-/14-001 and'- Section 100-32 for permission · · . to construct accessory :00~ $$ p.m. Application of ~arage/storage building in the frontyard area of premises known as 3880 Robinson Road, CHARLES and CLAIRE WOOLLEY, 520 Private Road //12, Southold, NY for a Variance to the Zoning Ordinance, Article HI, Section 100-32 for permission to build garage/storage building in the frontyard area at premises known as 520 Private Road//12 (near Bayview), Southold; County Tax Map Parcel No. 1000-078-06-006. 8:00 p.m. Application for A. DELANEY, by Environment East, Inc., Indian Neck Lane, Peconic, Ny for a Variance to Sodthold, NY; County Tax Map'Parcel No. 1000-081-03- 009. . Dated: August 17, 1983. BY ORDER OF -~' THE SOUTHOLD TOWN BOAHD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN For~ further information concerning the above hearings, please contact Linda Rowaiski, Secrctsry for ,.Toall '~. Gzlstav$on of Greenport, in said County, being duly sworn, says that J~,/she is Principal Clerk of THE SUFFOLK TIMES, s Weekly Newspaper, published et Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is · printed copy, has been regularly published in said Newspaper once each week for one weeks successively, commencing on the 2 dayof Augus~ 19 83 HEL[FI K. DE VOE ~ ~~ ?Y PUBUC, St~te. ol New ~'ork ~//, 4107878. SulloI~ C~unlv - m E~p~res Ma ch 20. 19[~ ~ Principal Clerk Sworn to before me this 25th dayof A~l~tlst 19 8} NOTICE IS HEREBY GIV- EN, pursuant to ~ection 267 of ' the Town Law and the Pro- visions of the Amended Code of the Town of Southold, a Regular Meeting and the following Public Hearings will be held by the Sonthold Town Zoning Board of Appeals at the Town Hall, Main Road, Southold, New York, on WED. NESDAY, AUGUST 31, 1983 commencing at 7:30 o'clock p.m. and as follows: 7:30 p.m. Application of JOHN J. CLAVIN, Madeline Avenue, Fishers Island, N.Y. for a Variance to the Zoning Ordinance, Article RI, Sec- tions 100-31 and 100-32, for permission to locate accessory building in an area other than the required rear yard, at premises known as Lot #2 o~ Minor Subdivision #231, Fish- Ers Island Utility Co., and more particularly known as County Tax Map Parcel No. 1000-006-08-3.3. 7:35 p.m. Application of ELIZABETH SCHWIEGER and MARGARET MURRAY, Light House R6-ad, Southold, N.Y. for a Variance to the Zoning_Ordinance, Article IB, Section 100-31, Bulk Schedule, for approval of three proposed lots, each having insufficient area, width and/or depth, and/or insufficient setbacks of existing buildings due to loca- tion of lot lines, located at the east side of Light House Road, Southold; County Tax Map Parcels No. 1000-51-02-001 and'002. ~ . · . - RICHARD REUNIS, 1500 Bee- be Drive, Cntchogue, N.Y. for a Variance to the Zoning Ordinance, Article III, Section 100-30(C) for permission to locate tennis court with 10' high fence accessory to the. principal structure (dwelling), known as 1500 Beebe Drive, Cutchogue; County Tax Map Parcel No. 1000-103-03-004. 7:45 p.m. Application 'of WILLIAM AND LINDA ZIN- GARO, P.O. Box 306, Cnt- chogue, N.Y. for a Variance to the Zoning Ordinance, Article XI, Sections 100-119 (A&B) for permission to retain hedge height over four feet high along the frontyard along Pe- quash Avenue, Cutchogue, at premises known as 55 Pequash Avenue (30100 Main Road), Cutchogue, N.Y.; County Tax Map Parcel No. 1000-102-03- 007. 7:50 p.m. Application for DIMITRIOS PAPGIANNAKIS, by D. Kapell, as agent, 400 Front Street, Greenport, N.Y. for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, to re- divide two parcels, each hav- ing insufficient area and width and located off the west side of Stars Road, East Marion, N.Y.; Stars Manor Subdivision Map #3864, Lots 20 and 21; County Tax Map Parcci~ No. "i 1000-22-04-001 and 002.. 7:55 p.m. Applicnti0h of CHARLES AND CLAIRE WOOLLEY, 520 Private Road #12, Southold, N.Y~ for a Variance to the Zoning Or- dinance. Article III. Section 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 thct the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ......................... ../. ............ weeks successively, commencing on the ........ .............. Sworn to before me this .............. ~....5~. ............ day of 19..~....~. DIMII'RIOS PAPGIANNAKIS, by D. Kapell, as agent; 400 Front Street, Greenport, N.Y. for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, to re- divide two parcels, each hav- ing insufficient area and width and located off the west side of Stars Road, East Marion, N.Y.; Stars Manor Subdivision Map #3864, Lots 20 and 21; County Tax Map Parcels No. 1000-22-04-001 and 002. 7:55 p.m. Application of CHARLES AND CLAIRE WOOLLEY, 520 Private Road #12, Southold, N.Y. for a Variance to the Zoning Or- dinance, Article IH, Section 100-32 for permission to build garage/st6rage building in the frontyard area at premises known as 520 Private Road #12 (near Bayview), Southold; County Tax Map Parcel No. 1000-078-06-006. 8:00 p.m. Application for A. DELANEY, by Environment East, Inc., Indian Neck Lane, Peconic, N.Y. for a Variance to the Zoning Ordin- ance, Article III, Section 100- 32 for permission to construct accessory garage / storage building in the frontyard area at premises located at the south side of Great Peconic Bay Boulevard, Laurel, N.Y.; County Tax Map Parcel No. 1000-128-02-009. 8:05 p.m. Application for PETER LUHRS, by Michael_ J. ,Hall, Esq~ 2~l.8~F. ront.~St~'e~t, Greenport, ~.N.Y. for a Special Exception to the Zoning Ordin- ance, Article VII, Section 100-70 (B)[4] for permission to establish a public garage/re- pair station in this B-1 General Business District, premises known as 45845 North Road, Southold, N.Y.; County Tax Map Parcel No. 1000-55-02-17 (Owner: L.P. Edson). 8:10 p.m. Application for' IT.J. by Ketcham, LUKAS, R. as agent, Box 295, East Marion, N.Y. for a Variance to the Zoning Ordinance, Article VI, Section 100-60 (C)[3](a) to erect an off-premises-direc- tional sign upon premises of T.J. Lukas for the Puerto Verde Restaurant at 69700 Main Road, Greenport, N.Y.; County Tax Map Parcel No. 1000-045-05-002. 8:15 p.m. Application of CUTCHOGUE FREE LI- BRARY, Box 935, Cutchogue, N.Y. for a Variance to the Zoning Ordinance, Article VII, Section 100.71, Bulk Sched- ule, for permission to con- struct addition with insuffi- cient rear and side yard set- hacks, and small addition reducing the frontyard set- back, at premises known as' 28735 Main Road, Cutchogue, N.Y.; County Tax Map Parcel No. 1000-102-05-22 and part of 23. 8:20 p.m. Application of CUTCHOGUE FREE LI- BRARY, Box 935, Cutchogue, N.Y.for a Special Exception to the Zoning Ordinance, Article Vll, Section 100-70 (B) I1](a) for permission to use proposed addition for library use at premises known as 28735 Main Road, Cutchogue, N.Y.; Coumv Tax Mai, Parcel No. 8:30 p.m. Application for MARJORIE CLUST (SMITH), by Patricia L. Blake, as agent, Box 166, Southold, N.Y. for a Variance to the Zoning Ordin. ance, Article III, Section 100~ 31 for permission to re-divide four subdivision lots which have become merged, into two separate half-acre lots located at the west side of Summer Lane and the east side of Cedar Avenue (Lane), South- old, and more particularly identified as Bayside Terrace Subdivision Map #2034, Sub- division Lots 4, .5, 13 and 14; County Tax Map Parcels No. 1000-78-09.4, 5, 12, and 13. 8:40 p.m. Application for EDWARD J. and HAZEL K. BOYD, 3880 Robinson Road, Southold, N.Y. by E.J. Boyd V, Esq., for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory garage/ storage building in the front- yard area of premises known as 3880 Robinson Road, South- · old, N.Y.; County Tax Map Parcel No. 1000-081-03-009. Dated: August 17, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMAN 1T-8/25/83(94) Southold Town Board of Appeals MAIN RnAD-STATE RDAD 25 SnUTHDLD L.I., N.Y. 11~71 TELEPHONE (516) 765-1609 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S. F~. Q o R. A. SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3162 PROJECT NAME: T,J. LUKAS This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance for off-premises-advertising. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 69700 Main Street, Greenport, NY. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. (2) Project is not located within 300' of critical environmental area. Dated: July 28, I983. FOR FURTHER INFORMATION, PLEASE CONTACT: Mrs. Linda F. Kowalski, Secretary, Southold Town Board of Appeals, Main Road, Southold, New York 11971. Telephone: (516) 765-1809. Copies of this notice sent to the applicant(s) or agent(s) and other involved agencies [if any] an~ posted on the Town Clerk Bulletin Board. JUDITH T. TERRY RIGISIRAROI VI[Ak S 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 July 28, 1983 Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appel1 No, 3162 application of Robert Ketcham a/c Thomas J, Lukas for a variance, Also included is notification of adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey. T, Terry Southold Town Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD to the Board of Appeals of the Town of Soutfiold : I NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. T~tention of the undersigned to ~etition the Board of Appeals of the Town of Southold to request ~Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the prop~erty/Tw~L~h is the subject of the petition~71oRated adj~g~nt to your property cri~bed as follows: /~' ~/ /~'~ /~ /~.~/ /"~ ~ and is des- t~. T~hat ~/ne pr~e~y~w~ich is l:h~e subject ~ such Pe,i,ion ,, leca,ed in the followin~ zoning dis,ric,: 5. That the provisi~he Southold Town Zoning Code_applicabl~to ~e r~ti~s~ht by the under- signed,are ~cle'- ~//~ _ /~ -- ~ ~( [~ ) ~ ~ ~ 6. That within five days from the date hereof, a written Petition requiting the relief s~cified above will be filed in the Southold Town Clerk's ~ice at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 76~1809. 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 pu~blished at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the rightDated:t°' N././.~U~earf andc~ be~.~hear~d a~u:hc~/~- -~' hearing..~ P~titioner - ' ' Post Office Address ~,~// NAME PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 270 194 780 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROV~DEG-- NOT FOR INTERNATIONAL MAIL (See Reverse) P ~70 lq~ 77q , P T/0 194 783 RECEIPT FOR CERTIFIED MAIL P 270 lqA 782 P 270 194 781 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) ND FEES STATE OF NEW YORK ) IF SUFFOLK ) SS.: ys that 19 J~' ~de;onent malle~t a tr~e copy df the Notic. e se.t forth on .t.he of to each '~f the~bov'e-named Person~:~it the ad~esse~ set ~pp.os..ite tl~e~r resp. ecuve ~:~ee~; that the addresses set ~-I~site the names of said persons are the ai::ldresses of sa,d persons as Shown on the current assessment roll of.the To~n registered} mail. of Southold; that said Notices were mailed at the United States Post Of- ,; that said Notices were mailed to each of said persons by Sworn to before m,e this ~t-~ .. day of ~-'~ /.~ -- , 19,~ '___. ~ / Notary Public ' [ ~IZAB~H ~N N~I~ N~ARY PUBLIO, ~ate ~ N~ Y~ ~. 52.81258~, Suffolk ~ T~ ~1~ March 30, 19. THOMAS J. LUKAS Attorney at [~w (212) 728-2772 (212) 728-2773 32-21 ~roadmag tong Island £i1§, ~.~11I~5 JUly 19, 1983 Mr. Robert Ketcham East Marion, NY 11939 Dear Mr. Ketcham: This is to authorize Ketchtm~Signs, agent, to erect a directional sign for the PuertoVerde Restaurant of ~reenportonmyproperty on Route 25 opposite Chapel Lane in ~reenport, New York. The undersigned is to receive the st~ of 5WO HUNDRED ($200) DOLLARS per year for said sign. This agre~m~nt shall be cancellable by will of the parties. The sign to be erected is to OhL~ly with all Southold Town laws. TJL/ps 0 0 0 0 0 0 0 ,SHORT ENVIROh~ENT.~L ASSESSMENT FOP~M .INSTRUCTIONS: (a) In order to answer the questions in this short EAF is is assumed that preparer will use currently available iufor~ation concer~ing the project and the likely impacts of %he action. It is not ex~oected that additional studies~ research or other investigations will be undertaken.' (b) If any question has been answered Yes the project may be sig~lifieant and a ccmpleted Environmental Assessment Form is necessa~/. (c) If all questions have been answered No it is likely that this project is no.._~t significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than l0 acres of land? ....... Yes No 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 impac~ on groundwater quality? · , · · · o · Yea 5. Will project significantly effect drainage flow on adjacent sites? · · · · · · · Yes~' No 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? · · · · · . . . Yes Z/No 8. Will project have a mmJor effect on visual char- known to be important to the community? · · · Yes 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? · · · Yes -- 10. Will project have a major effect on existing or future recreational opportunities~ . · · Yes 11. Will project result in major traffic problems or cause a major effect to existing transportation v No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? . Yes ~'~N° project have any impact on public health or safety? ......... · . . Yes l&. Will project Affect the exisuing 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 %he come, unity ~r neighborhood?. . Yes No To: Re: Dear Southo!d Town Board of Appeals ~.lain Road Southotd, NY 11971 Location of ProDer~y: Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New ~ Yo-x State Environmental Conservation Law, please be advised that the subject property iD the within appeal applzca=.on. (please check one box) [ ] May be located within 300 feet of tidal wetiands; however, constructed along the water-lying edge of this properny 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 wate_~-ly_n~ ~ edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in le..gtn. [ ] 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 concrete wall existing 'on the premises. Is not located within 300 feet o'f tidal wetlands to the best of my knowledge.* [Starred items (*) inditate your property does not appear to fall wi{bin the jurisdiotion of the NJY.S. D.E.C.] Sincerely yours, i- 3-u~e'' NOTE: If proposed project falls wit~kin D.E.C. jurisdiction, approval must be received an~ submit~&d to our office before your application can be.scheduled for a public he~rin~. Legend