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HomeMy WebLinkAbout3139Beckwith Ave. & Main Rd., Southold 7/28/83 UA-approval of insuff, area, width and sideyar~ se%backs of bldg. in this proposed 2 lot division. Southold Town Board of Appeals 1',4AIN ROAD- STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 119'71 TELEPHONE (516) 766-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3139 Application Dated May 25, 1983 (Public Hearing held July TO: Mr. Robert W. Gillispie III Paul Caminiti, Esq. 28, 1983) [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 VII , Section 100-71, Bulk Schedule [ ] Request for The public hearing on this application was held on July 28, 1983. Upon 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, South- old, NY; County Tax Map Parcels No. 1000-61-02-005, 006 and 007. The board made the following findings and determination: By this appeal, appellants seek to divide property, containing an area of 19,454 square feet approximately, into two lots: Parcel 1 to contain 10,954 square feet approximately, and Parcel 2 to contain 8,500 square feet approximately. Parcel 1 would have frontage along Main Road 53.01 feet and 200.54 feet along Beckwith Avenue, and Parcel 2 would have frontage along Main Road 42 feet. On June 1, 1983, the appellants purchased the subject premises, more particularly identified as Suffolk County Tax Map District 1000, Section 61, Block 02, Lots 5, 6 and 7, as shown by conveyance of deed at Liber 9372 cp 76. Prior to June 1983, the premises in question was owned by Joseph B. Hartranft, Sr. Existing on proposed Parcel 1 is a two-story frame structure with enclosed porch, which structure is set back approximately .70 of a foot from Beckwith Avenue, approximately seven feet from the easterly property line, and approximately 23' from the front property line along Main Road. Existing on proposed Parcel 2 are a one-story frame build- ing set back from the Main Road approximately nine feet, from the easterly property line approximately 1.8 feet, and an accessory structure in the rear yard set back approximately six feet from the proposed westerly line (division line) and nine feet from the easterly property line. The survey dated March 7, 1983, prepared by Roderick VanTuyl, P.C. shows a 15' right-of-way along the upper northerly sec- tion of proposed Parcel 1. For the record it is noted that the Site Plan dated June 1, 1983 shows 10 proposed parking spaces within an area of 3,500 sq. ft. for proposed Parcel 1. Also shown is a 10' driveway in the area of the above-noted right-of-way. No parking plan has been submitted for pro- posed Parcel 2. (CONTINUED ON PAGE TWO) DATED: August 23, 1983. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) ~age 2 Appeal No. 3139 Matter of Robert W. Gillispie III Decision Rendered August 11, 1983 Also for the record, it is noted that the proposed use of the building on Parcel 1 is as a professional building containing four separate business offices containing areas of: (a) 750 sq. ft., (b) 600 sq. ft.; (c) 400 sq. ft.; (d) 200 sq. ft. and has been renovated substantially for such occupancies. The proposed use of Parcel 2 is real estate sales office. [See minutes of July 28, 1983]. Article VII, Section 100-71, and Bulk Schedule, of the Zoning Code requires a minimum area of 30,000 square feet and a minimum lot width of 150 feet for parcels in the "B-1 General Business" District. The relief requested by this variance is substantial in the board's opinion, (approximately 65% of a variance from that required by the Bulk Schedule). Ail of the members of this board are familiar with the premises in question. In viewing the neighborhood, on the same block there are more lots larger than that proposed by this application. Directly across the street, there are parcels both larger and smaller than that proposed, also located in the "B-1 Business" and fronting along Main Road. In considering this appeal, the board determines, however, that the circumstances are unique; that by allowing the variance no substan- tial detriment to adjoining properties will be created; that the difficulty cannot be obviated by a method feasible for appellants other than a variance; and that the interests of justice will be served by allowing the variance, as indicated below. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3139, application of ROBERT W. GILLISPIE III, be and hereby IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That Parcel 1 shall contain no more than two separate (unrelated) professional businesses (or one non-professional business); 2. That Parcel 2 shall contain no more than one business~ (i.e. real estate), with accessory use only of existing barn building. Location of Property: Northeast Corner of Main Road (at intersection with Beckwith Avenue), Southold, NY; County Tax Map Parcel Nos. 1000-61-02-005, 006 and 007. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen was absent.) This resolution was unanimously adopted. RECEIVED AND /LED BY THE SOUTHOLD TOWN CT.mgK DATE~[~q/~ HOUR I~',~D~,';i August 23, 1983 "~'' ' I~AN Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 5OUTHOLD, L,h, N.Y. 11g71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3139 Application Dated September 12, 1983 (Rehearing request) TO: Stephen R. Angel, Esq. Esseks, Hefter, Cuddy & Angel 108 East Main Street, Box 279 Riverhead, NY 11901 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on December 19, 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 VII , Section 100-71, Bulk Schedule [ ] Request for The rehearing concerning this matter was held on October 27, 1983. Application of ROBERT W. GILLISPIE III, by Stephen R. Angel, Esq., 108 East Main Street, Riverhead, NY for a Variance to the Zoning Ordi- nance, Article VII, Section 100-71, 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 Main Road and Beckwith Avenue, Southold, NY; County Tax Map Parcel Nos. 1000-61-02-005, 006 and 007. The board made the following findings and determination: Appellants, under Appeal #3139, appealed a determination of the Building Inspector which denied Appellants' application to divide the subject premises into more than one parcel. On August 23, 1983, this board granted Appellants' appeal to divide the premises with insuffi- cient area and width, and with insufficient setbacks of existing buildings, subject to two conditions, to wit: (1) That Parcel 1 shall contain no more than two separate (unrelated) professional businesses [or one non-professional business]; (2) That Parcel 2 shall contain no more than one business; (i.e. real estate), with accessory use only of existing barn building. Appellants' application for a rehearing of Appeal No. 3139 was granted and a rehearing was held on October 27, 1983. At the rehearing, Appellants raised essentially two issues: (1) That the conditions imposed were improper, and (2) That the board did not render any determination with respect to Appellants application to construc% an addition to the principal building located on Parcel 2. There appears to be no dispute as to the facts in this appeal. They are fully set forth in the board's August 23, 1983 decision. With respect to the conditions imposed by the prior decision, it is Appellants contention that such conditions do not relate to the use of the subject premises, but to its ownership, since the uses are permitted uses under the provisions of the Code, and, but for the change in ownership, are allowed by the Zoning Code. Upon (CONTINUED ON PAGE TWO) DATED: December 20, Form ZB4 (rev. 12/81) 1983. CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 - Appeal No. 3139 Rehearing: Matter of Robert W. Gillispie Decision Rendered December 19, 1983 III reconsideration of this appeal, the board concludes that Appellants position has merit and, accordingly, rescinds the conditions imposed in its August 23, 1983 decision and substitutes in their place the conditions hereinafter set forth. The second issue raised on the rehearing of this appeal is that the board did not decide Appellants' request to erect an addition to the principal building on Parcel 2. The proposed addition, as shown on the plot plan filed with the board is to be 21 ft. wide from east to west and 28 ft. long from north to south, to be set back 10 feet from the east side lot line and 12 feet from the west side lot line, and to be attached to the rear of the existing principal build- ing. Permission to construct such addition is hereby granted, provided that the same does not exceed the above dimensions and complies with the above specified sideyard requirements. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3139, application of ROBERT W. GILLIS- PIE III and others, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS~ TO WIT: 1. The division line shall be as shown on the map entitled, "Map of Proposed Minor Subdivision made for Robert W. Gillispie III, Irwin R. and Ceil Kaplan, and Shirley and Paul Caminiti at Southold, Town of Southold, New York" prepared by Roderick VanTuyl, P.C. as surveyed on March 7, 1983; 2. That off-street parking for each parcel shall be provided and shall conform to the provisions of Section 100-112 of the Southold Town Zoning Code; 3. That the division of the premises be obtained by the Southold Town Planning Board as a setoff or subdivision; 4. That the Appellants obtain Site Plan approval for each parcel from the Southold Town Planning Board pursuant to Article VII, Section 100-70(A) and Article XIII of the Code; 5. That this determination be referred to the Suffolk County Planning Commission for its review, pursuant to the provisions of the Suffolk County Charter. Location of Property: Northeast corner of Main Road and Beckwith Avenue, Southold, NY; County Tax Map Parcel Nos. 1000-61-02-005, 006 and 007. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doug- lass and Sawicki. Member Doyen of Fishers Island was absent. This resolution was unanimously adopted. IiECEIVED AND F LED BY Cr; . souu o TOWN Town Cle~:k, Town of Southold GERARD P. GOEHRINGER, December 20, 1983 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 ~-5 SOUTHOLD. L.I.. N.Y. llCJ'71 TELEPF DNE (516t 765-1809 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, NY on Thursday, October 27, 1983 commencing at 7:30 o'clock p.m. and as follows: 7:30 p.m. Application of WILLIAM L. MUSSER, by Michael F. Doyle, AoI.A., as agent, 506 East 84th Street, New York, NY 10028 for a Variance to the Zoning Ordinance, Article III, Section 100- 32, for permission to construct detached accessory garage in the frontyard area at premises known as Lots 1 and 2 at Chocomount, located on a Private Road, at Fishers Island, NY; County Tax Map Parcel ID No. 1000-004-05-5.4, 7:35 p.m. Application of WARREN AND ELLEN HUFE, by Marcia Z. Hefter, Esq., 108 East Main Street, Riverhead, NY for a Variance to the Zoning Ordinance, Articles VII, Section 100-60, and VIII, Section t00-80(B) [1] for permission to establish a machine shop for manufacture of hardware, a use permitted in the "C-Light Indus- trial" Zone. The subject premises is zoned "B-Light Business" and is located at the South Side of C.R. 48, Southold, NY; County Tax Map Parcel ID No. 1000-59-10-005. 7:45 p.m. Application of WARREN AND ELLEN HUFE, by Marcia Z. Hefter, Esq., 108 East Main Street, Riverhead, NY for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80(B) for permission to establish a "C-Light Industrial" use in this "B-Light Business" Zone, at premises located at the South Side of C.R. 48, Southold, NY; County Tax Map Parcel ID No. 1000-59-10-005. 7:50 p.m. Application for GEORGE J. WIESER, by Garrett A. Strang as agent, Box 1412~ Southold, NY for a Variance due to lack of approved access, New York Town Law, Art. 16, Section 280-A, over a private right-of-way located at the East Side of Harbor Lane, Cutchogue, NY; premises in question: Cgunty Tax Map Parcel ID No. 1000-97-06-010. ~Page 2 - Legal Notice October 27, 1983 Regular Meeting and Southold Town Board of Appeals Public Hearings 7:55 p.m. Rehearing of Appeal No. 3139. Application of fROBERT W. GILLISPIE III, by Stephen R. Angel, Esq., 108 East Main3 ~Street, Riverhead, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71, 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 Main Road, and Beckwith Avenue, Southold, · ounty Tax Map Parcel Nos. 1000-61-02-005, 006 and 007. For additional information concerning the above matters, please contact Linda Kowalski, Secretary, Zoning Board of Appeals, at the Town Hall, 765-1809 (or 1802). DATED: September 29, 1983. BY ORDER OF THE SOUTHOLD ToWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN .................................. x Instructions to newspapers: Please publish once, to wit, Thursday, October 20, 1983 and forward one affidavit of publica- tion to: Southold Town Board of Appeals, Main Road, Southold, NY 11971, on or before October 26, 1983. (tel. 765-1809). Copies have been furnished to the following, on or about 10/14/83: Mr, Michael F. Doyle, A.I.A., 506 East 8~th Street, NY, NY 10028 Mr. William L. Musser, 167 East 82nd Street, NY, NY 10028 Marcia Z. Hefter, Esq., 108 East Main St, Box 279, Riverhead, NY 11901 for Warren and Ellen Hufe Mr. Garrett A. Strang, Box 1412, Southold, NY 11971, for George J. Weiser Stephen R. Angel, Esq., 108 East Main St, Box 279, Riverhead, NY 11901 for Robert W. Gillispie III, and others Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. Vic Lessard, Building Dept. Z.BoA. Members Supervisor W. Pell Individual ZBA files r~ ~ FORM NO' 3 /~ '~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Subdivision "~ ~ ~-- .... .--:. :,.~ ........Filed Map No ................. Lot No ....... ~,~. .. ~.~ ....... ~ ..~.? ......... RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR 'FO THE-ZONING 'BOARD OF, ~PPEAEg,~OWN.'JOD SOO~HOE. D, N', ~. 1, (We) ........................~',~.0, err- ~.~. .......................... Ul ~z~p e Name of Appellant Mumopal tZ THE ZONING'~O~RD'OF APPEARS F~OM ~E ~E~SION:DP~'~ BUILD'iNG.:I~Od~ON ................. L....L.: ......... n'Amnn : -- ~-: DA;:- 1'98~ -~ '~ ~ o APPLICATION FOR PERMIT NO. ~. -.o - ........................................................ WHEREBY THE BUILDING INSPECTOR DENIED TO Robert W. Gillispie III, Paul A. & Shirley Cnminiti & Irwin R. & Coil Kaplan Nome of Applicant .for permit of Main Road, East Marzon, New York &...1 .~8 ...G o~..t... S.t re.e.t.,.. Bro. akl;~n ,...N~.~ ..,YQ rJ~ ........................................ Street and Number Municipality State ( ) PERMIT TO USE ( ) ~ERMIT FOR OCCUPANCY ~ ) Permit ~,o divide property 1. ~I~OC~TIOikl OF~THE ~PROPE:R~Y;N/.~ Qorner qB~akwi~h Avenue ~ Mai.n Ro~8, Southold S¢~re~'f' Os6~'Distri~t on Zsnfhg' Map SCM # 1000-061-02;05~06 &~ 07 New York ' lv~ap No. ~ Lot NO. ' ~ B~¢l 2 PROVISION (S) OF THE ZONING ~RDINANCE%~PP/~AEED ('}n~Jicate the AFticle Section, Sub- of the Zoning Q*dmanc~.~y .umber. Do,~q~ quote the Ordj.nance.) section and Paragraph ' "n ~ ' ' _ A~ticl.e:' VZi, Secti0h~106-71 Bu]~k~-~h~edule ~ [.: ._ .. TYPE OF APPEAL Appeal is made herewith for A VARIANCE t~ the, Zoning Ordinan. ce 9.r Zoning Map ).._A VARIANCE dk~e to la~k of access (State o- Ne~v York Zown.zLaw: Chap 62. Cons. Laws 'Art. 16 Sec:~280A Sdbse~tion.'3 ' ' pCt~vious' qpptal (ha~ (bas not) been' made ,w,th respect to'thls dec soon ~f. th6 Bu MJag- inmector or wi~h respect.to: thi~ pFOpe~y,, : ' . o" o z : Z '~ rSu~h oppfbl wo~-( - ) request for a ,spfc ~1 per~ t, - : ~: * ( ) request for a vorionce and was maae in Appeal No ................................. Doted ...................................................................... ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance isrequested forthereasonthat the applicants wish to divide property formerly consisting of ~ lots (SCM # 1000-061-02-0~, 06 & 07) into. 2 lots, each fronting on Main Road, Southold, New York Form ZBI (Continue on other side) REASON FOR APPEAL Continued ]. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficuitiesorunneces- ~se~H6RDS~!pbecouse applicants C~miniti snd Kapt~n inte~ to use the building shown on Parcel I for a professional building° Applicant Gitlispie intends to use the buildings on Parcel II for a real estate brokerage _office and/or retail store~ ~zlzlspze also applies herein for an addition:to the primary bU~id~in~ o~ Par~ei II as shown on the attached sketch. Applicants wish to o~n ~arcals I and II seDa~a~ely~ Inasmuch as these buildings were separately owned in the past and over a period of at least ~O0 years were put to many dissimilar uses~ it would be an ~unecessary hardship ~d produce practical difficulties if the Board were to deny variances and separate ownership of Parcels I and II as shown° 2. The hardshipcreeted]s UNIQUE andisnotshared by aH prope~ies alike in the immediate vicinity of this property and in this use district because:; ~ ~in~e~ional merger has converte~ 3 lots into I lot. The applicants wish to divide the ~!?~ p~operty into 2 lots aa other ~imp~oved, business zone~ properties in the i~ediate vicinity are located on parcels with less frontage and/or area than the 2 proposed tots, notably:~ ~061~02-04 Albertson 60~x 98~ 5880 S.F~ + 06~--01-16 Lefferts P. Edson 26 x 153 3978 - -18 Southoid Pharmacy 47 x 165 7755 -19 Leo Schneider 35 x !00 3~00 -20 Marie Schlect 49 x 100 4900 -21 irving J. ~ohnson 83 x 82 ~806 061 -04-07 AlbertSb~ ~: ~c~sb~ 50 X t50:! 7500 3, The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the buildings located on the 2 proposbd parcels have existed virtually unchanged for at least 1~0 years ( see attached~erpt from "Guide to Historical Markers~' published by the Southold Historical Society~ 1960). It is propose8 to restore and maintain the buildings in their present architectural style and to construct an addition as shown to the primary building located on Parcel II. This addition will be in keeping with the style and architecture of the building. Thus~ the variances sought will maintain the character of the district and observe the spirit of the ordinance. STATE OF NE.~C, YORK ~ ~. ~-_,>. ~/~ ) ss ............ COUNTY OP~xk >' ~-, -:i .,~ : :, - Sig~d/ure to ' ~ ~ f ' ' ' ' , . ~OT~Y ~u~[,C, State ~ Ne~ ~ ~" -~s M~r~ 30. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHE)LD, L.I., N.Y. 119'71 TELEPHONE 516) 765-1809 APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. Si RGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Mr. Henry E. Raynor, Jr., Chairman Southold Town Planning Board Southold Town Hall Southold, NY 11971 February 8, 1984 Re: SEQRA Declaration Matter of the Area Variance for Robert Gillispie and others Dear Henry: A recent action by the Planning Board approved a set-off of premises of Robert Gillispie and others, located at Beckwith Avenue and Main Road, Southold, subject to a Negative Declara- tion from the Zoning Board of Appeals under the SEQRA law. Please be advised that on June 23, 1983, the Zoning Board of Appeals had declared an Environmental Declaration in the subject application reviewing only those areas within the jurisdiction of the Zoning Board of Appeals. Area variances are listed as Type II actions permitting limited procedures, and are frequently used in applications to our department. The Zoning Board of Appeals does not have jurisdiction or authority over SEQRA reviews concerning subdivisions or site plans. Please note that a clause concerning "limited jurisdiction and responsibility" has been incorporated in this board's resolutior, which is attached. Yours very truly, lk Enclosure cc: Mr. Victor Lessard Mr. Robert Gillispie III Paul A. Caminiti, Esq. GERARD P. CHAIRMAN GOEHRINGER Southold Town Board of Appeals -50- June 2. ]' 83 Regular Meeting (ENvironmental ations, continued:) APPEAL NO.: 3139 PROJECT N~IE: R.W. GILLISPIEf PAUL CAMINITI~ ESQ. & ANOTHER This notice is issued pursuant to Part 617 (and Locel Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. his board determines the within project not to have a significant e effect on the environment. Also, pleas-~-take notice that this ~ecla[ation should not be considered a detcrmination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: IX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Divide business premises into two parcels with existing buildings, requiring an area variance, Article VII Sec- tion 100-71. ' ~-~ , LOCATION OF PROJECT: 1'own of Southold, County of Suffolk, more particularly known as: N/E cornet of Beckwith Avenue and North Side of Main Road, Southold. 1000-06]-02-5, 6 and 7. REASON(S) SUPPORTING THIS DETErmINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which ~nd~cates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. (2) Subject premises is not located within 300 feet of tidal wetla. AP?EAL HO.: 3146 PROJECT NAME: RICHARD De,ARIA 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 fc~ the same or similar project[ TYPE OF ACTION: IX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: ~ Addition with reduction in rearyard. LOCATION OF PROJECT: Town of Southotd, County of Suffolk, more particularly known as: 900 Minnehaha Boulevard, Southold. 1000-87-2-6. REASON(S) SUPPORTING THIS DETErmINATION: (1) An Environmental Assessmen% 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. - -12- designation of lead agency pursuant to 617.7(f), no o~her involved agency may later require the preparation of an EIS in connection with the action or project. (h) All agencies involved in or interested in a jcpcsed action are strongly encouraged to make known their views on the action, particularly with respect to their s of expertise and jurisdiction. 617.4 Individual agency procedures to implement SEQR. (a) Article 8 of the environmental conservation law requires all agencies to adopt and publish, after public hearing, any additional procedures which may be necessary for them to implement SEQR. additional procedures, its governed by the provisions Until an agency implementation of of this Part. adopts these SEQR shall be (b) To the greatest extent possible, the procedures prescribed in this Part shall be incorporated into existing agency procedures. An agency shall vary the time periods established in this Part for the preparation and review of SEER materials and for the conduct of publ%c hearings in order to coordinate the SEQR environmental review process with other procedures relating to the review and approval of actions. Individual agency procedures to implement SEQR shall be no less protective of environmental values, public participation and agency and judicial review than the proce- dure$ contained in this Part. HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLiAM F. MULLEN, Jr. Southold, N.Y. 11971 February 7, 1984 TELEPHONE 765- 1938 Mr. Paul A. Caminiti P.O. Box 1045 Southold, NY 11971 Re: Set Off Caminiti and Gillispie Dear Mr. Caminiti: The following action was taken at the regular meeting of the Southold Town Planning Board on February 6, 1984. RESOLVED that the Southold Town Planning Board approve the set off of Caminiti and Gillispie located at Southold subject to Negative Declaration under the State Environmental Quality Review Act from the Zoning Board of Appeals. It was the conSensus of the Board that no public hearing would need to be held on this set off. Very truly yours, By Diane M. Schultze, Secretary cc: Mr. Robert Gillispie III ,~ Zoning 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 I~OAD 25 SOUTHOLD, L.I., N.Y. l~9?l TELEPHONE (516) 765-1809 December 21, 1983 Mr. Gerald G. Newman, Chief Planner Suffolk County Department of Planning Veterans Memorial Highway Hauppauge, NY 11787 Re: Appeal No. 3139 Rehearing in the Application of Robert W. Gillispie III Dear Mr. Newman: Please find enclosed a copy of the board's December 19, 1983 conditional approval in the matter of the rehearing for Appeal No. 3139, Robert W. Gillispie III, which decision is similar to the previous referral to your agency; only the conditions have changed. If you would like us to resubmit copies of the file, please let us know. We are enclosing copies of the minutes of the public hearing held October 27, 1983. Happy Holidays! Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosures 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 25 SOUTHOLD. L.I.. N.Y. 119'71 TELEPHONE /516) 7651809 December 20, 1983 Stephen Ro Angel, Esq. Esseks, Hefter, Cuddy & Angel 108 East Main Street, Box 279 Riverhead, NY 11901 Re: Appeal No, 3139 - Robert Dear Sir or Madam: Gillispie III and others 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 Mr. Robert W. Gillispie, Planning Board III GERARD P. GOEHRINGER RMAN ~ ~naa ~'. ~owa±skm Secretary Southold, N.Y. 11971 HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr, June 24, 1983 TELEPHONE 765-1938 Mr. Robert W. Gillispie, III North Fork Agency North Road Southold, New York 11971 Re: Kaplan/Gillispie Minor Subdivision Dear Mr. Gillispie: Please let this confirm our discussion and action on the above captioned application at our meeting of June 20, 1983. Prior to our meeting we made an on site field inspec- tion of this property. Our Board noted three lots existed for many years and have become merged. The two lots you propose are undersized; lot number one having an area of approximately 10,954 square feet and lot number two having an area of approximately 8,500 square feet. ~Our Board has no objection to the site plans as submitted, but do ques- tion the possibility of obtaining additional parking to the east of the property. The following action was taken by the Board: RESOLVED that the Southold Town Planning Board disapprove the subdivision application of Kaplan/Gillispie as each pro- posed lot is undersized, however, the Board sees no objection to the site plan as submitted. AS stated by the Board, a copy of this resolution will be forwarded to the Zoning Board of Appeals. Confirmation and prodecure for application to the Zoning Board of Appeals with regard to your proposal may be obtained by contacting the Build- ing Department. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary cc: Zoninc Board of ADueals~ S0uthold Town Board oeAppeals -14- Octobere7, 1983 Regular (Appeal No. 3177 GEORGE J. WIESER 280-A, continued:) MR. CHAIRMAN continued: going to have to bear with us at least the next week or s us to go back and reinvestigate. A house fire -- an ex so I was detained. I have no further questions. Let' anybody else that has any. Is there anyone else to this application? Anybody like to speak against Questions from board members? (None) Hearing no I'll make a motion closing the hearing and rese~ ing an inspection. allow actually if there ' s in behalf of questions, decision follow- On motion by Mr. Goehringer, seconded Mr. Grigonis, it was RESOLVED, to close the hearing and in the matter of Appeal No. 3177, decision until later of GEORGE J. WIESER. Vote of the Board: Ayes: Me~ Douglass and Sawicki. This Goehringer, Doyen, Grigonis, was unanimously adopted. TEMPORARY RECESS: On Grigonis, it was by Mr. Goehringer, seconded by Mr. RESOLVED, to reces temporarily for approximately five minutes, at which time the ~ Meeting will be reconvened. Vote of the Douglass and Sawi( Ayes: Messrs. Goehringer, Doyen, Grigonis, This resolution was unanimously adopted. RECONVE[ it was On motion by Mr. Douglass, seconded by Mr. Sawicki, RE. The to reconvene the Regular Meeting of this board. reconvened at 8:35 p.m. Doug[ of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, and Sawicki. This resolution was unanimously adopted. PUBLIC RE-HEARING: Appeal No. 3139. Application of ROBERT W. GILLIS-~ ~I~ ~ S~hen R. Angel, Esq., 108 East Main Street, Riverhead, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71, 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 Main Road and Beckwith Avenue, Southold, NY; County Tax Map Parcel Nos. 1000-61-02-005, 006 and 007. Southold Town Board )peals -15- Octobere7, 1983 Regular Meeting (Appeal No. 3139 - ROBERT W. GILLISPIE AND OTHERS, continued:) The Chairman opened the hearing at 8:36 p.m. and waived the reading of the legal notice, which was consented to by all inter- ested persons. STEPHEN R. ANGEL, ESQ. of Esseks, Hefter, Cuddy & Angel: of Riverhead, and I represent that applicants, who I believe you know. They're right here, Mr. Gillispie and Mr. Caminiti and Mr. Kaplan. I did not represent them in the first application before your board and at that hearing. What we have before you is a division of property on, I believe it was August the llth, 1983, you granted the division of property. The property is located I guess--the best way to describe it is the northeast corner at the intersection of Beckwith with Main Road. You granted a division of property subject to two conditions, and the two conditions were that Parcel #1 shall contain no more than two separate unrelated professional businesses, or one nonprofessional business, and that Parcel #2 shall contain no more than one business, i.e. real estate, with accessory use only of existing barn building. Now as you are all probably aware there are two separate structures on the property and these conditions refer to the-- the first set of conditions refer to Parcel #1, being with one parcel that they applied for with the large house that used to be a doctor's office and residence; and Parcel 2 is a small struc- ture that had been used for numerous things, I understand in the past. Now, I think I said, but if I didn't I'm going to repeat it-- the fact that the conditions were imposed is what lead us to come here tonight and which led them to retain me. The condition imposed on Parcel #1 that it not be used for more than two professional offices or more than one nonprofessional or one business use imposed a severe financial limitation on my clients. When they consulted with me it was my opinion that it was a condition that really should not have been imposed. As I analysed it and as I at least referred to it briefly in my letter requesting re-argument, it was my opinion that the board should have just granted the division as a matter of right, which I'll explain a little bit further in my statement here tonight. I wrote the letter to you on, I think it was September 12, 1983, requesting the rehearing, and I cited a whole series of reasons in that letter. With your permission, I'd like you to incorporate that letter by reference to the minutes of this hearing. Is that all right? MR. CHAIRMAN: Fine. The attached four-page letter dated September 12, 1983 is hereby incorporated and made a part of these minutes: S~uthold Town Board ~Appeals -16- Octobez (Appeal No. 3139 - R_OBERT W. GILLISPIE AND OTHERS, I' SSEK$, I-tEFTER, r..JUDDy & ANGEL RIVE]~HEAD, N Y 11901 September 12, 1983 1983 Regular Meeting continued:) Mr. Gerard P. Goehringer, Chairman and Members of Southold Town Board of Appeals Main Road - State Road 25 Southold, New York 11971 Re: Application of Robert W. Gillispie III Dear Mr. Goehringer and Members of the Board: We are the attorneys for applicant Robert W. Gillispie III and his partners, Irwin Kaplan and Paul Caminiti. On or about May 25, 1983 an application was made by Mr. Gillispie to divide into two parcels certain improved property located on the northeast corner of Beckwith Avenue and Main Road in Southold. A hearing was held by you on July 28, 1983. You made a determination granting the division, subject to condi- tions, at your meeting on August 11, 1983. This determination was filed by the Town Clerk on August 24, 1983. A copy of the determination is annexed for your convenience. We have been retained to request that the Zoning Board rehear this matter and give us the opportunity of appearing before the Board to present further testimony in support of the application. In our opinion, a rehearing should be granted for the following reasons: 1. By Imposing Conditions on This Division of Property~ the Board Is~ in Effect~ Controlling Ownership and Not Use of Property It is well established that zoning controls the use and not the ownership of real property. This principle was just confirmed Southold Town Board ~eals -17- 1983 Regular Meeting (Appeal No. 3139 - ROBERT W. GILLISPIE AND OTHERS, continued:) Mr. Gerard P. Goehringer, Chairman and Members of Southold Town Board of Appeals September 12, 1983 Page Two by the Appellate Division in the North Fork Motel case. The property in question is located in the B-1 zoning district. In our opinion, the applicant has the right to use the structures on the property for permitted B-1 purposes, without a variance from this Board. The Zoning Board, however, has limited the two-story structure to ~wo "professional" businesses or one non- professional business and further limited the one-story structure to a real estate office. These conditions, in effect, discrimi- nate solely against the form of ownership. Without the variance, the only limitations on use would be those contained in the zon- ing ordinance for the B-1 district. One owner of the entire parcel would be able to choose among all B-1 uses. On the division, the Board drastically limited the uses available for the property. The division does not change the structures, their location or the density of the property. We respectfully submit that the Zoning Board should simply have granted the division to reflect reality; that the uses of the property should be determined by what is permitted in the B-1 District. 2. The First Condition Does not Relate to the Actual Use of the Property. Condition 1 provides the following: "That Parcel 1 shall contain no more than two separate (unrelated) professional businesses (or one non-professional business)." The actual use of the property will not be limited by the number of different business establishments located within the structure. For example, assume that the property will be used by one medical and one dental office which would be permitted under this condi- tion. Both of these offices could be high-volume businesses. $outhold Town Board Deals -18- October 1983 Regular Meeting (Appeal No. 3139 - ROBERT W. GILLISPIE AND OTHERS, continued:) Mr. Gerard P. Goehringer, Chairman and Members of Southold Town Board of Appeals September 12, 1983 Page Three The dental office could be one that advertises in the newspapers and accepts full Medicaid assignments. The same could be true of the medical office. Under this circumstance, the property would be extensively used even though there would be only two unrelated professional businesses. On the other hand, the property could be divided into four or even more professional office suites, each occupied by professionals such as architects who have limited public interaction. Four architects may have one or two client visits a day whereas two medical offices may have more than 100 visits. Each medical office could have several doctors or dentists. The same is true if one limits the property to one non-professional business. We submit that this condition does not accomplish anything except impose a burden on the owners of the property. The proper limita- tion on use is the square footage of the building and the avail- ability of the rest of the area for parking spaces, not an arbi- trary determination that it should be used for one or two entities. 3. The Word "Professional" is Ambiguous. The first condition provides that there can be two separate "pro- fessional'' businesses. This term is not defined. Certainly the Board is aware that different people can disagree as to what is a "professional" business. 4. The The Second Condition is Ambiguous. second condition provides as follows: "That parcel 2 shall contain no more than one business, (i.e. real estate), with accessory use only of existing barn building." It appears, by reading this condition, that the Board intends to limit Parcel 2 to a real estate business. If this is the case, ~S©uthold Town Board ~ppeals -19- October 270983 Regular Meeting (Appeal No. 3139 - ROBERT W. GILLISPIE AND OTHERS, continued:) Mr. Gerard P. Goehringer, Chairman and Members of Southold Town Board of Appeals September 12, 1983 Page Four we submit that such a limitation is not justified. If it is not the case, the condition should be re-drafted in the following manner: Either (a) delete the words in parentheses, or (b) change the initials "i.e." to "e.g." 5. The Board Failed to Address the Portion of the Application Seeking an EnlarEement of the One-Story Frame Structure The application requested permission to expand the one-story frame structure but the Board failed to address this request in its determination. In summary, it is our opinion that the Zoning Board should grant the rehearing in order for us and our clients to present evidence and arguments in favor of the application. We will be pleased to provide additional information at your request. SRA/es Really submitted, S/~ep~,~n R. Ange 1~/? Encl. Southold Town Board ~ppeals -20- October~, 1983 Regular Meeting (Appeal No. 3139 - ROBERT W. GILLISPIE AND OTHERS, continued:) MR. ANGEL: Thank you. The first reason that I felt that the condition should not have been imposed was that -- this one happens to be the one that I think is the most important -- is that by imposing those conditions, you're in effect discriminating against the ownership of the property. For example, I think that under your ordinance, I believe it's Section 100-118 which involves nonconforming uses, you can convert a nonconforming building to a permitted use. So in this case we have a nonconforming building, which is the doctor's residence, that can be converted to a conforming use, we're in the "B-1 General Business District." There are a series of "B-i" permitted uses. I think it can be converted. Now, let's assume there were no division by this board or they would withdraw their application. Under those circumstances, they could not divide the property but convert that existing residence structure to one of the permitted "B-l" general uses, "B-1 Business District" uses--professional office, regular office building, restaurant, store--they have to meet building code regulations as they would apply to existing structure--but nevertheless the structure, I believe under your ordinance--that ordinance provision pertaihing to nonconforming uses would allow its conversion without an application to your board. So they're in the situation where, if they step back the point they were at before the application, or in effect give up their application before you, they would not have those conditions imposed the use of their building. They could use that building for what's permitted in the "B-1 Business District." Your conditions imposed additional limitations that are not inherent in the "B-l" commercial district. As I'll get into it in a little while, I think that that was incorrect. I think that what should have happened is that -- in position anyway -- that you should have just allowed him to divide the line so as not to change the permitted uses of the property. I mentioned a series of other things in that letter that the condition on Parcel One, which limits it to the use of two professional office buildings is not really related to any limitation on the use of the property and I use this as an example that you could have two high traffic high-intensity-type medical offices as opposed to maybe a few architect's offices that have very little traffic, so by limit- ing it to two professional offices, you don't necessarily limit the use or limit the intensity of the use. One office could be a very intensive use. Five offices, if they're just mail drops, could be virtually no intensity of use. I mentioned that professional was undefined. I believe your code doesn't include it as a definition of professional. I raised a question whether the condition that applied to the second parcel-- whether that was limited to its use as a real estate office, because you say, "...Parcel 2 shall contain.no more than one business, i.e. real estate .... " I read that to mean, that is, real estate. Limit- ing to real estate only. Not to the general retail or office uses permitted in the "B-1 District" and I wonder whether that was your intent. Southold Town Board of Appeals -21- Octobere7, 1983 Regular Meeting (Appeal No. 3139 - ROBERT W. GILLISPIE AND OTHERS, continued:) Mit. ANGEL continued: And finally I added that you may have failed to address the request for an extension of the one-story frame structure that was made along with the initial application. But as I said in the beginning, what we're really concerned about are those conditions-- that's why I'm here tonight. Now I understand from speaking to the clients, specifically in this case, Bob Gillispie, that the physician's home and his office has been used as a physician's home and office for many years. I also understand that the small structure to the east of it, which is the one that you refer to as Parcel 2, was also used as an inde- pendent entity for many years. It was a millinery shop. What else-- ROBERT W. GILLISPIE: An artist's studio. Insurance office. MR. ANGEL: Artist's studio. Insurance office. General store. And consistent with that, the town building inspector, based upon an affidavit issued by the owner, issued a certificate of occupancy for both buildings--one certificate of occupancy referring to both buildings which reads that the use of the building on Parcel #1 for a residence -- well-- here it is: "Building parcel #1 nonconforming residence & doctor's office. Building on parcel #2 office, studio or retail store .... " And that certificate of occupancy was issued to a predecessor in title. And I'd like that to submit that to the board and be considered part of the record. (Certificate of occupancy dated 5/16/83 #zl1668 was submitted and made part of the record.) Now, in addition, I understand also that until just a couple years ago, the two parcels in question were owned as three separate parcels and the Suffolk County Tax Agency's maps reflect that. There was a merger of those parcels into one ownership within the last couple of years. Consistent with that, the Town of Southold has treated the parcels as three separate lots for tax purposes, and I have copies of the, I guess, current tax bills 1982-83 which apply to the year we're in right now and ending in a month showing the three separate parcels. And I'd like that also to be submitted for the record. (One photocopy was submitted showing the three separate tax bills for 1982-83 for Parcels 1000-61-2-5, 1000-61-2-7, 1000-61-2-6 in the name of Joseph B. Hartranft.) Now it was owned in the past as three separate parcels and it was treated by the town as separate parcels, and it was shown on the tax map as separate p~rcels. There are separate buildings on each one of the parcels. We're not concerned about the barn. We're not concerned about dividing into three parcels. But there are separate buildings on both of the two parcels we have before you. It seems uncontroverted that they have been used separately--the little building, at least not within recent memory, was not accessory to the big building, and I think if it's not divided they can be used separately and I think in this situation you should grant the divi- sion so as not to discriminate against the form of ownership. Southold Town Board of Appeals -22- Octobere7, 1983 Regular Meeting (Appeal No. 3139 - ROBERT W. GILLISPIE AND OTHERS, continued:) MR. ANGEL continued: I've prepared a short Memorandum of Law, we're really up on this issue--and there's a case in it that was decided in New Jersey by one of the New Jersey Appellate Courts that is very close to the facts of this case, except it didn't involve commercial structures--it involved bungalows. In that case which is cited in here, a New Jersey community on the shore dealt with a bungalow colony. They had five bungalows on a very small parcel of land. Each one of the bungalows was usable by one family--you know, it had kitchen facilities and bathroom~facilities and they were rented to individual families for cottage uses. Well, the owner wanted to divide, in effect subdivide the property so he could sell each one of these bungalows but the lots that they were going to create by the division would be very small; much smaller than was currently permitted under the zoning ordinance. And the New Jersey equivalent of the Planning Board denied the subdivision, and the people went to court and the New Jersey Appellate Court held that by denying this subdivision what they were doing is really dis- criminating against the ownership of the property, that if it were going to be used by one family as a rental unit and continue to be used by one family as an owner-occupied unit, the use as far as zon- ing did not change and that it was an abuse of discretion on the part of this New Jersey board to deny that division. I think that the same logic applies to this case. That zoning does not control an ownership of property. That our client should not be discriminated against because they want to divide the property. We're not asking you to increase the uses-- we're not asking you to give them permission to do something that they're not already permitted to do in the "B-1 District." Ail we're asking you to do is to reflect the reality that there are two independent uses on that parcel, and which reality was reflected in the fact that they owned as separate parcels of them until just a couple of years ago. By the way, the New York Courts, though they haven't grappled with this particular issue, have dealt with a lot of situations where they expressed that same view point that zoning controls the use of property, not the ownership of the property. And a lot of those cases as you people are very well aware are involved in the coop or condominium situation when there's quite a bit of law now in New York State involving control by zoning over use as opposed to owner- ship. Now, I don't expect you people to read this, but I have it here and let me give this to you, Mr. Goehringer, and I have prepared a copy for everybody [board members]. (Mr. Angel submitted a copy of the Memorandum of Law containing six pages and exhibits for the record.) The xerox machine is very helpful. And that cites with some particu- larity the case in New Jersey that I was talking about which is the Beers Case, and quotes from some portions so that you can understand. Of course, if you feel that you'd like to read the entire decision, I can get it for you. It's not as easy as it would be in a New York Southold Town Board of Appeals -23- October 1983 Regular Meeting (Appeal No. 3139 - ROBERT W. GILLISPIE AND OTHERS, continued:) MR. ANGEL continued: case because we don't keep the New Jersey Reporters in the office, but it's available in the Supreme Court Library in Riverhead, where I can run off the copies. I think that we have a situation very similar to that case, and I think that by imposing those conditions and limiting the use of the property in the "B-1 District", what you've really done is you've discriminated against the ownership as opposed to the use. You've discriminated against ownership. You put the people in a position where they're wedded-together in order to get the maximum use out of that property. But, you know, there has to be a wedding because without the variance, if they walk away from your variance they could say-aWell, you know, we can do this as a matter of right." They still would have to go to the Planning Board for site plan approval if there's a division. As I read your ordinance, it's a little questionable. All permitted uses in the "B-1 District" require site plan. It doesn't distinquish between a conversion of one use if it's nonconforming to a use that's permitted. It may be that the Planning Board will exercise jurisdiction. They have been before the Planning Board initially on their proposed site plan which was, I don't think officially approved but I think you've all seen the letter. It's in the file, I think, that says that the Planning Board didn't see any problem with the site plan although they denied the subdivision, which I think they did properly because I don't think they have the authority to grant the subdi- vision where the lots being created are less than 30,000 square feet--your board has that. By the way, I just went through the building, and there's been some substantial repair work done inside. They really did a nice job. They've resided the building. You know, it's not like we're asking for an expansion of use of the property where people have restored the exterior of the building so that it's beneficial in downtown Southold--it looks good. I respectfully request that you reconsider ration, and simply draw the line and don't impose the condition that makes the ownership of the building, especially Parcel #1 onerous financially. Now, if you have any other questions, everybody's here. MR. CHAIRMAN: During the time of the granting of the rehear- ing and tonight, I've had several people approach me. I would just like for the purpose of the public to have Mr. Caminiti again, or Mr. Kaplan, tell us again who's going to be using this building; how many--he doesn't have to specifically state the size of the suite, if you want me to call it that; but what approximate number of professionals will be using it assuming this application is granted? MR. ANGEL: Do you mean, what's their present intentions? MR. CHAIRMAN: Yes. Southold Town Board ~ppeals -24- October )83 Regular Meeting (Appeal No. 3139 - ROBERT W. GILLISPIE AND OTHERS, continued:) PAUL CAMINITI: I have no problem. The ground floor is divided presently into two suites-- the left suite on the west side of the building which is four rooms, which will be occupied by myself as a law office. The right side is the east side consisting of three rooms--that's vacant at the present time. The second floor is presently under a lease agreement to a fellow by the name of Lance Larsen, who is a real estate appraiser which would be a sole occupant. The right side is under the same agreement with a single proprietor by the name of Fred Miner, who is a graphic designer. Right now the building has three tenants--three individuals. The vacant office right now I have no idea who that would be rented. I would like very much to have a stock broker in which would involve more than one person, but it would be one business entity. MR. ANGEL: I would point out that I think some of this was discussed a little bit at the last hearing-- MR. CHAIRMAN: Yes, it was. MR. ANGEL: And also from my look through the place it is my understanding, and conversations with Mr. Caminiti tonight, they haven't added any rooms to the building, and it's just basically a division of the existing rooms in the building, is that correct? MR. CAMINITI: That's right. FiR. CHAIRMAN: The reason why I asked that is because there are certain people that are present tonight that were not present at the first hearing. MR. ANGEL: Oh, ok. MR. CHAIRMAN: Going to Mr. Gillispie for a moment, the same question Mr. Gillispie has spoken at some great deal at the last hearing concerning his proposed use of the Parcel #2, and we need it again stated. ROBERT W. GILLISPIE III: Our present intention is to operate a real estate office, but I would not like to be precluded from renting the building under the allowed use in the "B-i" Zone. MR. CHAIRMAN: What about the proposed addition? MR. GILLISPIE: I would like the board to consider granting the proposed addition. I do not plan to build it this year, but I felt originally that I should apply for it that it would possibly save coming to the board a second time. MR. CHAIRMAN: Thank you. Is there anybody else that would like to speak in behalf of this application? Anybody like to speak against the application? Any questions from board members? (None) Hearing no further comments, I'll make a motion closing the hearing and reserving decision. We will however be going out on a tour of another Southold Town Board of Appeals -25- October 2~, 1983 Regular Meeting (Appeal No. 3139 - ROBERT W. GILLISPIE AND OTHERS, continued:) MR. CHAIRMAN continued: application on tonight, and we may ask possibly next Saturday and we'll give Mr. Gillispie a call-zmaybe we could take a tour of the building again. Since we'll be out looking at another one in Southold, it would be rather convenient for us as long as it's convenient for you. And we'll give you a call before. It'll probably be between 10:00 and 11:00, but we'll give you a call before. MR. ANGEL: This coming Saturday? MR. CHAIRMAN: No, the following Saturday. MR. ANGEL: A week from this Saturday. MR. CHAIRMAN: Right. MR. ANGEL: I'm sure there's no problem. MR. CHAIRMAN: Ok. I don't think I asked for a vote. MEMBER DOUGLASS: Second. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to close the hearinq and reserve decision until later in the matter of Appeal No. 3139, ROBERT W. GILLISPIE III AND OTHERS. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. APPROVAL OF MINUTES OF PREVIOUS MEETINGS: On motion by Mr. Douglass, seconded by Mr. Grigohis, it was RESOLVED, to approve the Minutes of the following Meetings held by this Board, to wit: September 29, 1983 Regular Meeting September 13, 1983 Special Meeting August 31, 1983 Regular Meeting October 11, 1983 Special Meeting. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. ZONING BOARD OF APPEALS TONN OF SOUTHOLD : STATE OF NE~ YORK Application of ROBERT W. GILLISPIE, PAUL CAMINITI and IRWIN KAPIAN M~ORANDUM OF LAW SUBMI'-~£mo IN BEHAI.v OF APPLICANTS ~l~Br- ESSEKS, HEFTER, CUDDY & ANGEl- RIVE!RH£AD, N.Y. 1 19OI ZONING BOARD OF APPEALS TOWN OF SOUTHOLD : STATE OF NEW YORK Application of ROBERT W. GILLISPIE, PAUL CAMINITI and IRWIN KAPLAN PRELIMINARY STATEMENT This memorandum of law is submitted in behalf of applicants, Robert W. Gillispie, Paul Caminiti and Irwin R. Kaplan, who are the owners of property located at the north- east corner of Beckwith Avenue and Main Road in Southold. The property was the subject of a hearing and determination and is now before the Board on a re-hearing. The property has three structures located on it: a 2-story frame house, a 1-story frame building and a barn, all as shown on the survey made by Roderick Van Tuyl, P.C. last dated March 7, 1983. Applicant~ sought a division of the property, which the Board granted, but conditioned the division as follows: "1. That Parcel 1 shall contain no more than two separate (unrelated) professional businesses (or one non- professional business); 2. That Parcel 2 shall contain no more than one busi- ness (i.e. real estate), with accessory use only of existing barn building." Applicants contend that it was not proper for the Board to condition the division of property in this case and that they are entitled to the division as a matter of right. It should be noted, however, that subsequent to any determin- ation by this Board, applicants will have to receive site plan approval from the Planning Board in connection with the use of both of these parcels. ARGUMENT The 2-story frame house on parcel 1 and the 1-story frame building on parcel 2 have been employed as separate uses for many years, certainly for longer than the period of time Southold has had a zoning ordinance. As such, the structures can be used independently even though they are on a small par- cel of land. In other words, the small frame structure can be employed for independent use, not accessory to the 2-story frame house. The house can also be used independently. It is our opinion that, based upon the fact that both of the structures can be used independently, the Board should have granted a division into two parcels without con- ditions. To refuse such a division is to control ownership rather than the use of property, which is impermissible under zoning law. For example, assuming the Board has the power to control the division of this property, applicants could simply withdraw their application and use the structures independently without complying with the conditions imposed by the Board. The applicants could enter into long term leases of the structures for independent uses without complying with the conditions of the Board. The applicants could even create a condominium or cooperative to divide the ownership and not comply with the conditions imposed by the Board. As can be seen from the examples set forth i~m~ediately above, the use of the property is not controlled or dependent upon the Zoning Board. The only thing applicants seek is an imaginary line permitting a division of ownership of the property. This division of ownership would not affect use. The properties could not be used any differently than they can now be used under one ownership. The Zoning Enabling Act specifically provides that zoning ordinances and regulations shall be concerned with use, not ownership. Section 261 of the Town Law provides, in part, as follows: "...For the purpose of promoting the health, safety, morals, or the general welfare of the community, the town board is hereby empowered by ordinance to regulate and re- strict the height, number of stories and size of buildings and other structures, the per- centage of lot that may be occupied, the size of yards, courts, and othe= open spaces, the density of population, and the location and use of buildings, structures and land for trade, industry, residence or other purposes... In numerous decisions involving the attempt of municipalities to control ownership by virtue of zoning regulations, the courts have held that such attempts are invalid. For example, in Dexter v. Town Board of Gates, 36 NY 2d 102, 365 NYS 2d 506 (1975), the Court of Appeals held that a Town Board could not condition a change of zoning on the requirement that the property be developed by a specific developer. In Weinrib v. Weisler, 33 AD 2d 923, 307 NYS 2d 603 (2nd Dept), aff'd 27 NY 2d 592, 313 NYS 2d 407 (1970), a section of the Village's building code which prohibited the assignment of building permits was held by the court to be an illegal attempt to control the ownership and trans- ference of property rather than its use. See, also, United National Sylvan Corp. v. Town of Beekman, Supreme Court, Dutchess County, 11/5/73, a copy of which is annexed to this memorandum. Research has not indicated any New York cases directly in point. The New Jersey courts, however, have dealt with this precise factual situation, i.e., the request to divide already improved property. In Beers v. Bd of Adjustment of Wayne Township, 75 N.J. Super 305, 183 A.2d 130 (Super.App. Div. 1962) the applicant sought to divide property that was improved prior to zoning with five bungalows. The Board of Adjustment refused his request even though the buildings were valid, non-conforming uses. The court found that a difference in ownership which would ultimately result from the subdivison would not cause a change in use and therefore the Board could not prohibit subdivision. The court stated the following (183 A.2d 130, 136): '~efendants [Bd. of Adjustment] do not even suggest, nor do we believe they properly could, that owner-occupation of a dwelling is a dif- ferent use of the property in a zoning sense from tenant-occupation, the actual occupancy of the residence in either case being by a single family. As recently stated by this court, 'The test [of nonconforming use] is 'use' and not ownership or tenancy.' Arkam Machine & Tool Co. v. Lyndhurst Tp., 73 N.J. Super, 528, 533, 180 Ao2d 348, 350 (App Div 1962). The combined effect of the actions of the municipal agencies in this case, if approved, would in our judgment be to impair the statutory iL~LL~nity of the nonconforming use of the property in question. (citation omitted)" "The defendants' attitude toward plaintiff's program is seen actually to come down in essence to dictation of combined as against separate ownership of the dwellings. As indicated, we do not regard a mere change from tenant occu- pancy to owner occupancy as an extension or alteration of the previous nonconforming use of the dwellings." See, also, MacLean v. Planning Bd. of Buck Tp., 94 N.J. Super 288, 228 A.2d 85 (Superior App.Div. 1967), where the princi- ples in the Beers case were applied to four bungalows on an oceanfront tract. There the court found that the Planning Board's authority was limited to making sure that adequate roads or driveways were installed to service all four bungalows. The same issue has been dealt with in cases where towns, their Zoning Board or their Planning Board have attempted to regulate co-ops or condominium conversions of non-conforming uses. This was the main issue addressed in North Fork Motel, Inc. v. Grisonis, (App Div., 2nd Dept., April 25, 1983) which involved this Board. A copy of the determination is annexed. Courts in other jurisdictions have held, in the case of such condominium or cooperative conversions, that zoning does not give a municipality the right to control changes in ownership. See, for example, Bridge Park Co. v. Borough of Highland Par~, 113 N.J. Super 219, 273 A. 2d 397 (App Div 1971) Maplewood Village Tenants Assn. v. Maplewood Village, 116 N.J. Super 372, 282 A.2d 428 (Superior Ct. N.J. Chancery Div. 1971). City of Miami Beach v. Arlen King Cole Condom~ni,~m Association, Inc., 302 SO 2d 777 (Dist. Ct. of Appeals, Fla. 3rd Dist. 1974). Graham Court Assoc. v. Town Council~ etc. 281 S.E. 2d 418 (N.C. App. 1981) Kaufman and Broad~ Inc. v. Board of Supervisors, 340 A. 2d 909 (Pa. Cmwlth 1975) Beers v. Board of Adjustment of Township of Wayne, 75 N.J. Super 305, 183 A. 2d 130 (App Div 1962). Claridge House One~ Inc. v. Borough of VeronA, 490 F. Supp 706 (Dist. Ct. N.J. 1980) aff'd 633 F. 2d 209 (3rd Cir. 1980). It should be noted that the Appellate Division, Second Department, in North Fork Motel~ Inc. cited most of the out-of-state cases set forth above in support of its determination. CONCLUSION Applicants respectfully submit that they are entitled to division of this property as a matter of right; that to deny such a division would be to control ownership and not the use of property. Respectfully submitted, Of Counsel: Stephen R. Angel ESSEKS, HEFTER, CUDDY & ANGEL Attorneys for Applicants 108 E. Main Street (P.O. Box 279) Riverhead, New York 11901 TOWN OF SOUTHOLD OFFICE O%BJ~ DiH~LGLiNS pE C T O SOUTHOLD. NEW YORK CERTIFICATE OF OCCUPANCY NONCONFORMING PREMISES No. Z11668 5/16/83 THIS IS TO CERTIFY that the IX_--/ Land /X ! Building(s) 1-/ Use(s) 54075 & located at 50 & 54125 Main Road Beckwith Avenue Street Southold Hamlet shown on County tax map as District 1000, Section 061 Block 02 005 , 006 , & ' · Lot 007 · does'~not)conform to the present Building Zone Code of the Town of Southold for the following reasons: premises is located in a B-1 Zoned District. Buildings fronting on the Main Rd. & Beckwith Ave. do not CO--resent setback for front & sideyards for this Business Zone. Use of building on Parcel #1 for residence is not permitted in this Zone. Use of building on parcel #2 is per mitted for this Zone. Art. VII, Sec. 100-70 A & 100-71 Bulk Schedule. On the basis of information presented to the Building Inspector,s Office, it has been determined that the above nonconforming /-~/Land /!! Building(s) /i/Use(s) existed on the effective date the present Building Zone Code of the Town of Southold, and may be continued pursuant to and su.bject to the appli- cable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to the Building Inspector's'Office, the occupancy ~d use for which this Certifi- cate is issued is as follows: Building parcel #1--non-conforming residence .& Doc%or's office. Building parcel #2--office, studio, or retail store. The Certificate is issued to JOSEPH B. ~HARTRANFT, JR. of the aforesaid building. (owner, Suffolk County Department of Health Approval , ho record UNDER~VRITEI~S CERTIFICATE NO. 'no record NOTICE IS HEREBY GIVEN that the owner of the above premises H_iS NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine if the premises Comply with all applicable codes and ordin- ances, other than the Building Zone Code, and therefore, no such inspection has been conducted. This Certificate, therefore, does not, and is not intended to certify that the premises comply with all other~'~pticablf~/~, and regula- tions. , Building ~nspector ..... FORM NO. 6 ~ ' TOWN OF SOUTHOLD Building Depertment Town Hall Southold, N,Y. 11971 APPLICATION FOR CERTIFICATE OF OCCUPANCY Instructiuns A. This application must be filled in typewriter OR ink, and subn:~it~.ed in duplicate to'the Buiiding Inspec- tor with the following; for new buildings or new use: 1. Final sunzey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 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 Unden,,/riters. 4. Commercial buildings, Industrial buildings, Multiple Residences and similar bui=dings and installa- tions, a certificate of Code compliance from the Architect or Engineer responsible for the building. 5. Submit Planning Board approval of completed situ 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 end unusual natural or topographic features. 2. Sworn statement of owner or previous owner as to use, occupancy and condition of buildings. 3. DJte of any housing code or safety inspection of buildings or premises, or other pertinent informa- tion required to prepare a certificate. Fees: 1. Certificate of occupancy $5.00 J 2. Certificate of occupancy on pre-existing dwelling o~' 3. Copy of certificate of occupancy S1.C0 ! land u se'~'lS'/S5.00 Date M~y 2, 1 983 New Building ............. Old or Pre-existi;lg Bu;Iding(X) . _.X._.. ~/Vacant Land ............ Location of Property ...... n/e corner Beckwith Ave & Rt 25, Southold House No. Street Ham/et Joseph B. Har~branft, Jr. Owner or Owners of Property .......... County Tax Map flo. 1000 Section 061 Block 02 - 05, 06 & 07 ............................. LOt ................ Subdivisioo ................................. Filed Map No ........... Lot No .............. Perrr, it No ........... Date of Permit .......... Applicant .................................. Health Dept. Approval ........................ Labor Dept. Approval ...................... ,. · Underwriters Approval ........................ Planning Board Approval .................. . '.' Request for Temporary Certificate ..................... Final Certificate ................. Fee Submitted S .5,0¢) ........................ Construction on above described building and per~,~eet~a[I ap~odes and Applicant ., .... ~ ......... Joseph B. Har by Rev. 10-~0-78 Mr. Hartranft does not consent to as agent & an inspection of the buildings, contract vendee Notary Public: All structures herein described were built before Aoril 23, 1957. No structural changes have been made since that date. '-, November 5,1983 Main Road cor. Beckwith Ave. P. O. Box 992 $outhold, N.Y. 11971 Telephone: (516) 765-1401 N.Y.C.: (212) 643-1800 Hon. Gerard P. Goehringer Chairman, Southold Town Board of Appeals Main Rd.- State Rd 25 Southold, N.Y. 11971 RE: Appeal # 3139 Application of Robert W.Gillispie,III Dear Mr. Chairman: At the re-hearing of the above application of October 27,1983 the Board directed us to be at the subject premises on Saturday November 5,1983, between 10:00 A.M. and 11:00 A.M.so that the members of the Board could conduct an inspection. Pursuant thereto the applicants were at the premises from 9:00 A.M. until 1:30 P.M.,without the members of the Board having appeared. If the Board still desires said inspection, please call my office to arrange for same at your convenience. Thank you for your courtesy herin. PAUL A~TI cc: Stephen R. Angel, Esq. ~ ' NOTICE IS HEREBY GIVEN, pursuant to Section :~.267 of the Town Law and the ~ ~ Provisions of the Amended .~ Code of the Town of Southeld, · '.:'rn Regular Meeting and the following l~blic hearings will · be held by the Soutbeld Town Zoning Board of Appeals at *'the Town Hall, Main Road, .~qouthuld, NY on Thursday, i ~October .~,., 1983 commencing · at 7:30 o clock p.m. and as ~. follows: · · ?:30 p.m. Application Of WILLIAM L. MUSSER, by Michael F. Doyle, A.LA., as agent, 506 East 84th Street,, New York, NY 10028 for a.~ Variance to the Zoning Ordinance, Article III, Sec- tton 100-32, for Permission to garage in the frentyard areola _ at premisea known as Lots 1 and 2 at Cbeeamonat, located Parcel ID No. 1000-004-05-5.4. w~,P.m. Application of EN AND ELLEN by Marcia Z. Hefter, Esq., 108 East Main Street, Riverhead, NY for a Variance to the Zoning Ordinance, Articles VII, Section 100-60, and VIII, Section 100-80(B)[1] for permission to establish a ~t machine shop for/ manufacture of hardware, a use permitted in the "C-Light Industrial" Zone. The subject ~remises is zoned "B-Light usiness" and is located at the South Side of C.R. 48, Southold, NY; County Tax Map Parcel ID No. 1000-59-10- 7:45 p.m. Application of WARREN. ';'AND ELLEN HUFE, by Marcia Z. Hefter, Esq., 108 East Main Street, Riverhead, NY for a Special Exception to the Zoning Ordinance,. Article VIII, Section 100-80(B) for per- mission to establish a "C- Light Industrial" use in this "B-Light Business" Zone, at,,/~ premises located at the South Side of C.R. 48, Southeld, NY; County Tax Map Parcel ID No. 100059-10-005. . .~ - 7:50 p.m. Application for ' GEORGE J. WlESER, by Garrett A, Strang aS agent, Box 1412, Southold, NY for a Variance due to lack of approved access, New York Town Law, Art. 16; Section ~80-A, over a private right-of- way located at the East Side of Harbor Lane, Cutcho~Ue, NY; · rax Map Parcel ID 97-06-010. of ROBERT ' I!i, by Stephen R. Angel, Esq., 108 East Main · Street, Riverhead, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, for approval of insufficient area, ~]dth and sideyard setbacks of building in this proposed two-tot division of property located at the northeast corner 'of Main Read, and Bockwith Avenue, Southold, NY; COUntY Tax Map Parcel Nos. 1000-61-0~[ 005, 006 and 007.: For additional jnformation Dealen, Cereing the abeve matters p ease contact Linda Kowalski, Secretary, Zoning Board of Appeals, a~ the Hall, 765-t809 (or 180Z). DATED: Soptember 29; i983: , BY ORDER OF ?i ' BOARDOFAPPEALS ~,~EP,~W P. GOEm~,mGER STATE OF NEW YORK ) COUNTY OF SUFFOLK '~'O~Mi--C~a~V.I,.,~.D. ZL~ _ of Greenport in said County, being duly SWorn, says that he/she is Principal Clerk of THE SUFFOLK TIMEs, a ~/eekly Newspaper, published at Grennport, 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 o~e (~ weeks successively, Commencing on the ~ dayof October 19_83 Principal Clark SWorn to before me this ~ . d,yof 0e held by the Southold Town Zoning Board of Appeals at the Town HaH, Main Road, Southold, N.Y. ~ Q~tober 27~ 198.} commencing at 7:30 o'clock p.m. and as follows: 7:30 p.m. Application of WILLIAM L. MUSSER, by Michael F. Doyle, A.I.A., as. agent, 506 East 84th Street, New York, N.Y.10028 for af variance to the Zoning Ordin- ance, Article HI, Section 100- 32, for permission to construct detached accessory garage in the frontyard area at premises known as Lots I and 2 at Chocomount, located on a Private Road, at Fishers Is- land, N.Y.; County Tax Map Parcel ID No. 1000-004-05-5.4. 7:35 p.m. Application of. ' WARREN AND ELLEN HUFE by Marcia Z. Hefter, Esq., 108 East Main Street, River- head, N.Y. for a Variance to the Zoning Ordinance, Ar. ticles VII, Sectiofl 100-60, and VIII, Section 100-80(B)[1] for permission to establish a ma- chine shop for manufacture hardware, a use permitted in the "C-Light Industrial" Zone. The subject premises is' zoned. "B-Light Business" and is located at th~ South Side of .C.R.~ 48 Southold, N.Y.; County Tax Map Parcel ID No. 1000-59-10-005. ~7:45 .P.m.' Applicati0h' Of WARREN AND ELLEN HUFE, by' Marcia Z. Hefter, Esq., 108 East Main Street, Riverhead, N.Y. for a Special Exception to the Zoning Or. dinance, Article VIII, Section 100-80(B) for permission to establish a "C-Light Indus. trial" use in this "B-Light Business" Zone, at premises located at the South Side of/ C.R. 48, Southold, N.Y.; County Tax Map Parcel ID N°. 1000-59-10-005. 7:50 p.m. Application for GEORGE J. WIESER, by Garrett A. Strang as agent, Box 1412, Southold, N.Y. for a Variance due to lack of ap- proved access, New York Town Law, Art. 16, Section 280-A, over a private righii-of- way located' at the East Side of Harbor Lane, Cutchogue, N.Y.; premises in question: County Tax Map Parcel ID No. -1000-9~1~-. ,~. ~..~,~ Appeal No. 3139. Application of ROBERT W. GILLISPIE III,, by Stephen R..angel, ESq.~ 108 F..~t Main Str~t, Riv~r'~-- holed, N.Y. for a Variance to tho Zoning Ordinance, Ar'tlele VII, Section 100-71, Bulk Sehedule, for approval . of insufficient ~r~a, width and sldeyan:l setbacks of building in this proposed two-lot divi. sion of property locatod at tho northeast comer of Main Road, and Beckwith Avenue, Soothold, N.Y.; County Tax Map Parcel Nos. 1000-61-02- ~II05, 006 and 007. For additional information concerning the above m~dters, please contact IAnda Kowalski, Secretary, Zoning Board of Appeals, at the Town Hall, 765-1809 (or 1802). ... M DATED: September 29, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEAI~ Editor, of THE LONG ISLAND~TRAVELER-WATCHMAN, .. a pubiiz newspaper printed at ~lthold, in Suffolk County; arid that the notice of which the annexed is a printed copy, hc, s been published in said Long Island Traveler-Watch- man once each week for ........................... ./. ........... weeks successively, commencing on the ............. ;.~.' ................... of/'--'"- ........ ............... Sworn to before me this -~,z~ day of APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals HAIN RDAD- STATE ROAD 25 SDUTHI3LD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 TO WHOM IT MAY CONCERN: Concerning your recent application filed with our office, please find enclosed a copy of the Legal Notice aB published in the local and official newspapers of the Town of Southold, to wit, the Suffolk Times and the L.I. Traveler-Watchman indicating the date and time of your public hearing. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the public hear- ing and in order to prevent any delay in the processing of your application. If you have any questions, or if you would like to review your file prior to the hearing, please do not hesitate to either stop by our office at the $outhold Town Hall, or by calling our secretary, Linda Kowalski, at 765-1809 (or, if no answer, 765-1802). Yours very truly, Ik Enclosure GERARD P. GOEHRINGER CHAIRMAN Southold Town Board of Appeals MAIN RnAD- BTATE Hr'lAD 25 BE3UTHI~LD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI October 3, 1983 Stephen R. Angel, Esq. Esseks, Hefter, Cuddy & Angel 108 East Main Street, Box 279 Riverhead, NY 11901 Re: Appeal No. 3139 Rehearing - Robert W. Gillispie, et al. Dear Mr. Angel: Please be advised that the public rehearing in the above-entitled matter has been changed from Thursday, October 20, 1983 to Thursday, October 27, 1983. A copy of the legal notice as published in the local newspapers will be forwarded to you in the near future. Yours very truly, By Linda F. Kowalski Secretary GERARD P. GOEHRINGER CHAIRMAN cc: Mr. Robert W. Gillispie, III Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONiS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H, SAWlCKI September 21, 1983 Stephen R. Angel, Esq. Esseks, Hefter, Cuddy & Angel 108 East Main Street, Box 279 Riverhead, NY 11901 Re: Appeal No. 3139 - Robert W. Gillispie, et al. Request for Rehearing Dear Mr. Angel: This letter will confirm that at a Special Meeting of the board held on September 13, 1983, a rehearing of Appeal No. 3139, application of Robert W. Gillispie, III and others, was unanimously granted; and the date for the rehearing has been tentatively scheduled for Thursday, October 20, 1983. You will be notified as to the exact time. If you have any questions, please do not hesitate to call our office. Yours very truly, lk cc: Mr. Robert W. Gillispie, III ESSEKS, HEFTER, CUDdY & ANGEL September 12, 1983 Mr. Gerard P. Goehringer, Chairman and Members of Southold Town Board of Appeals Main Road - State Road 25 Southold, New York 11971 Re: Application of Robert W. Gillispie III Dear Mr. Goehringer and Members of the Board: We are the attorneys for applicant Robert W. Gillispie III and his partners, Irwin Kaplan and Paul Caminiti. On or about May 25, 1983 an application was made by Mr. Gillispie to divide into two parcels certain improved property located on the northeast corner of Beckwith Avenue and Main Road in Southold. A hearing was held by you on July 28, 1983. You made a determination granting the division, subject to condi- tions, at your meeting on August 11, 1983. This determination was filed by the Town Clerk on August 24, 1983. A copy of the determination is annexed for your convenience. We have been retained to request that the Zoning Board rehear this matter and give us the opportunity of appearing before the Board to present further testimony in support of the application. In our opinion, a rehearing should be granted for the following reasons: 1. By Imposin8 Conditions on This Division of Property, the Board Is~ in Effect~ Controllin8 Ownership and Not Use of Property It is well established that zoning controls the use and not the ownership of real property. This principle was just confirmed Mr. Gerard P. Goehringer, Chairman and Members of Southold Town Board of Appeals September 12, 1983 Page Two by the Appellate Division in the North Fork Motel case. The property in question is located in the B-1 zoning district. In our opinion, the applicant has the right to use the structures on the property for permitted B-1 purposes, without a variance from this Board. The Zoning Board, however, has limited the two-story structure to two "professional" businesses or one non- professional business and further limited the one-story structure to a real estate office. These conditions, in effect, discrimi- nate solely against the form of ownership. Without the variance, the only limitations on use would be those contained in the zon- ing ordinance for the B-1 district. One owner of the entire parcel would be able to choose among all B-1 uses. On the division, the Board drastically limited the uses available for the property. The division does not change the structures, their location or the density of the property. We respectfully submit that the Zoning Board should simply have granted the division to reflect reality; that the uses of the property should be determined by what is permitted in the B-t District. 2. The First Condition Does not Relate to the Actual Use of the Property. Condition 1 provides the following: "That Parcel 1 shall contain no more than two separate (unrelated) professional businesses (or one non-professional business)." The actual use of the property will not be limited by the number of different business establishments located within the structure. For example, assume that the property will be used by one medical and one dental office which would be permitted under this condi- tion. Both of these offices could be high-volume businesses. Mr. Gerard P. Goehringer, Chairman and Members of Southold Town Board of Appeals September 12, 1983 Page Three The dental office could be one that advertises in the newspapers and accepts full Medicaid assignments. The same could be true of the medical office. Under this circumstance, the property would be extensively used even though there would be only two unrelated professional businesses. On the other hand, the property could be divided into four or even more professional office suites, each occupied by professionals such as architects who have limited public interaction. Four architects may have one or two client visits a day whereas two medical offices may have more than 100 visits. Each medical office could have several doctors or dentists. The same is true if one limits the property to one non-professional business. We submit that this condition does not accomplish anything except impose a burden on the owners of the property. The proper limita- tion on use is the square footage of the building and the avail- ability of the rest of the area for parking spaces, not an arbi- trary determination that it should be used for one or two entities. 3. The Word "Professional" is Ambisuous. The first condition provides that there can be two separate "pro- fessional'' businesses. This term is not defined. Certainly the Board is aware that different people can disagree as to what is a "professional" business. The Second Condition is Ambiguous. The second condition provides as follows: "That parcel 2 shall contain no more than one business, (i.e. real estate), with accessory use only of existing barn building." It appears, by reading this condition, that the Board intends to limit Parcel 2 to a real estate business. If this is the case, Mr. Gerard P. Goehringer, Chairman and Members of Southold Town Board of Appeals September 12, 1983 Page Four we submit that such a limitation is not justified. If it is not the case, the condition should be re-drafted in the following manner: Either (a) delete the words in parentheses, or (b) change the initials "i.e." to "e.g.". 5. The Board Failed to Address the Portion of the Application Seekin8 an Enlarsement of the One-.Story Frame Structure The application requested permission to expand the one-story frame structure but the Board failed to address this request its determination. in In summary, it is our opinion that the Zoning Board should grant the rehearing in order for us and our clients to present evidence and arguments in favor of the application. We will be pleased to provide additional information at your request. SRA/es ReSpectfully submitted, S~ep~n R. Angel/~ Encl. Southold Town Board of'Appeals MAIN ROAD- STATE ROAD 2S SOUTHOLD. L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS & Appeal No. 3139 Application Dated May 25, 1983 (Public Hearing held July TO: Mr. Robert W. Gillispie III 28(1983) [Appellant(s)] Paul Caminiti, Esq. 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 VII , Section 100-71, Bulk Schedule [ ] Request for The public hearing on this application was held on July 28, 1983. Upon application of ROBERT W. GILLISPIE III, Main Road, E~st Marion, NY, for a Variance to the Zoning Ordinance, Article VII, Secti~h 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, South- old, NY; County Tax Map Parcels No. 1000-61-02-005, 006 and 007. The board made the following findings and determination: By this appeal, appellants seek to divide property, containing an area of 19,454 squgre feet approximately, into two lots: Parcel 1 to contain 10,954 square feet approximately, and Parcel 2 to contain 8,500 square feet approximately. Parcel 1 would have frontage along Main Road 53.01 feet and 200.54 feet along Beckwith Avenue, and Parcel 2 would have frontage along Main Road 42 feet. On June 1, 1983, the appellants purchased the subject premises, more particularly identified as Suffolk County Tax Map District 1000, Section 61, Block 02, Lots 5, 6 and 7, as shown by conveyance of deed at Liber 9372 cp 76. Prior to June 1983, the premises in question was owned by Joseph B. Hartranft, Sr. Existing on proposed,Parcel 1 is a two-story frame structure with enclosed porch, which structure is set back approximately .70 of a foot from Beckwith Avenue, approximately seven feet from the easterly property line, and approximately 23' from the front property line along Main Road. Existing on proposed Parcel 2 are a one-story frame build- ing set back from the Main Road approximately nine feet, from the easterly property line approximately 1.8 feet, and an accessory structure in the rear yard set back approximately six feet from the proposed westerly life (division line) and nine feet from the easterly property line. The survey dated March 7, 1983, prepared by Roderick VanTuyl, P.C. shows a 15' right-of-way along the upper northerly sec- tion of proposed Parcel 1. For the record it is noted that the Site Plan dated June 1, 1983' shows 10 proposed parking spaces within an area of 3,500 sq. ft. for proposed Parcel 1. Also shown is a 10' driveway in the area of the above-noted right-of-way. No parking plan has Seen submitted for pro- posed Parcel 2. (CONTINUED ON PAGE TWO) DATED: August 23, 1983. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS (rev. 12/81) P~ge 2 Appeal No. 3139 Matter of Robert W. Gillispie III Decision Rendered August.Il, 1983 Also for the record, it is noted that the proposed use of the building on Parcel 1 is as a professional building containing four separate business offices containing areas of: (a) 750 sq. ft., (b) 600 sq. ft.; (c) 400 sq. ft.; (d) 200 sq. ft. and has been renovated substantially for such occupancies. The proposed use of Parcel 2 is ~eal estate sales offioe.~ [See minutes of July 28, 1983]. Article VII, Section 100-71, and Bulk Schedule, of the Zoning Code requires a minimum area of 30,000 square feet and a minimum lot width of 150 feet for parcels in the "B-1 General Business" District. The relief requested by this variance is substantial in the board's opinion, (approximately 65% of a variance from that required by the Bulk Schedule). Ail of the members of this board are familiar with the premises in question. In viewing the neighborhood, on the same block there are more lots larger than that proposed by this application. Directly across the street, there are parcels both larger and smaller than that proposed, also located in the "B-1 Business" and fronting along Main Road. In considering this appeal, the board determines, however, that the circumstances are unique; that by allowing the variance no substan- tial detriment to adjoining properties will be created; that the difficulty cannot be obviated by a method feasible for appellants other than a variance; and that the interests of justice will be served by allowing the variance, as indicated below. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3139, application of ROBERT W. GILLISPIE III, be and hereby IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That Parcel 1 shall contain no more than two separate (unrelated) professional buSinesse~ (or one non-professional business); 2. That Parcel 2 shall contain no more than one bus_ness~ (i.e. real estate), with accessory use only of existing barn building. Location of Property: Northeast Corner of Main Road (at intersection with Beckwith Avenue), Southold, NY; County Tax Map Parcel Nos. 1000-61-02-005, 006 and 007. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen was absent.) This resolution was unanimously adopted. RECEIVED AND F/LED BY T zs SOUTHOLD TOWN CUmK DATE ~/~q;83 HOUR II',~r---~.~, ~" Town Clerk, Town of Sg~hold GERARD P. GOEHRINGEI~'~ CHATR.MAN August 23, 1983 ~ APPEALS BOARD MEMBERS GERARD P. GOENRINGER, 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. 11c~"71 TEl FPHONE (516) 765-1809 August 24, 1983 Mr. Gerald G. Newman, Chief Planner Suffolk County Department of Planning Veterans Memorial Highway Hauppauge, NY 11787 Re: Appeal No. 3139 - Robert W. Gillispie III 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 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT .1. DOUGLASS JOSEPH H. SAWICKI Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L,I., N.Y. 11971 TELEPHONE (516) 765-1809 August 24, 1983 Mr. Robert W. Gillispie III North Road, Box 1112 Southold, NY 11971 Re: Appeal No. 3139 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 Paul A. Caminiti, Esq. GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 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. ~plicant M,,n~ cipal 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 .! Gerald G. Newman Chief Planner Southold Town Board of Appeals NAIN ROAD- STATE RnAD 25 SDUTHI3LD, L.I., 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 VII , Section I00-7I __ Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section -- Special Permit Appeal No.: 3139 Applicant: ROBERT W. GILT.TSPIE III Location of Affected Land: ~with Ave.. Southold County Tax Map Item No.: ±uuu-061-02-005,006,007 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 granted COMMENTS: Applicant k~~permission to with insuff, area, width, and sideyard setbacks. subdivide property Copies of Town file and related documents enclosed herewith for your review. Temp. Secretly, Board of Appeals 3387 IC ~ ~08- 788 AX .'qAP -:IGNA FION 1000 061.00 02.0C 005.000 006.000 007.000 CO~SU~T YOUR TH~ ~DF-~ made ~e / ~" day of BETgVEE~ JOSE/~I B. HARTRANFT, Box 3347, Eastport, Maryland June , rJnctecn hundred and Eighty-three, ~R., residing at 312 Severn Street, 21403, ~ fmrty of the fir tO an undivided one- third interest, residing at (no number)Main Road, East Marion, New DISTRICT SECT I ON BLOCK LOT $ED DC'ED TO York 11939; PAUL A. CAMINITI and SHIRLEY CAMINITI, his wife, as to an undivided one-third interest~ residing at 950 Waterview Drive, Southold, New York 11971; and IRWIN R. KAPI~LN and CEIL ¥~PLAN, his wife, as to an undivided one-third ~nterest, residing at 114 Remsen Stre~t~ Brooklyn, New York party of the second part, V~I"N~H, that the party of the first part, in consideratkm of ........... ...... TEN AND 00/100 ($10.00) ............ dollars, lawful money o{ the l$nited States, and other good and valuable consideration paid by the party of the second part, does hereby grant and release nnto thc part)' of the second part, the heirs or successors and assigns of the pa~y of the second part forever, ~ that certaln plot, piece or parcel of land. with the buildings and improvements thereon erected, situate, lylngandbelng i¢~4A~ at Southold, in the Town o£ Southold, County of Suffolk and State of New York, being more particularly bounded and described as roi. lows: BEGINNING at the corner formed by the intersection of the north- erly side of the Main Road (N.Y.S. Route 25) with the easterly side of Beckwith Avenue; THENCE North 17 degrees 04 minutes 40 seconds West along the easterly side of Beckwith Avenue 200.56 feet to land now or formerly !of Albertson; THENCE North 71 degrees 47 minutes 40 seconds East along last mentioned land 97.79 feet to land now or formerly of Riverhead Auto Parts; THENCE South 16 degrees mentioned land 50.70 feet; ~ltENCE South 16 degrees last mentioned land 152.19 26 minutes 30 seconds East along last 15 minutes 10 seconds East still along feet to the northerly side of the Main Road; THENCE South 73 degrees 10 minutes 00 seconds West along the northerly side of the Main Road 95.01 feet to the point or place of beginning. RECEIVE.~ RcA- EST~.~ '.'~4; JUN ~ ~ T~.< ~SFER 1~ SUFFOLK COUN~ ARTHUR I. [ELICE TO~N OF-SO~,OED s.O VoLs-'tc Cq $2r. Y Southold, N.Y. 1 1971 HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Mr. Robert W. North Fork Agency North Road Southold, New York June Gillispie, III 11971 24, 1983 TELEPHONE 765-1938 Re: Kaplan/Gillispie Minor Subdivision Dear Mr. Gillispie: Please let this confirm our discussion and action on the above captioned application at our meeting of June 20, 1983. Prior to our meeting we made an on site field inspec- tion of this property. Our Board noted three lots existed for many years and have become merged. The two lots you propose are undersized; lot number one having an area of approximately 10,954 square feet and lot number two having an area of approximately 8,500 square feet. tOur Board has no objection to the site plans as submitted, but do ques- tion the possibility of obtaining additional parking to the east of the property. The following action was taken by the Board: RESOLVED that the $outhold Town Planning Board disapprove the subdivision application of Kaplan/Gillispie as each pro- posed lot is undersized, however, the Board sees no objection to the site plan as submitted. As stated by the Board, a copy of this resolution will be forwarded to the Zoning Board of Appeals. Confirmation and prodecure for application to the Zoning Board of Appeals with regard to your proposal may be obtained by contacting the Build- ing Department. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD cc: By Susan E. Long, Zoning Board of AoDealsl Secretary Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI June 1, 1983 Mr. Robert W. Gillispie, III Main Road East Marion, NY 11939 Re: Appeal No. 3139 - Main Road, Southold Dear Mr. Gillispie: Please be advised that the following action was taken by the board at a Regular Meeting held May 27, 1983 concern- ing the above application: RESOLVED, that Appeal No. 3139, application of Robert W. Gillispie, III, et al. be held in abeyance pending receipt of comments or approval from the Southold Town Planning Board for the proposed subdivision. This resolution was unanimously adopted. Yours very truly, cc: Building Department Planning Board GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary 0 , ~3.ol L ~; '/ , , . , ii~ - I 42.0 Southold Town Board o£ Appeals MAIN ROAD- ~TATE ROAD 2S SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-180g APPEALS BOARD MEMBERS GERARD P. GOEHRING£R, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAW~CKI 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, 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, Southold, 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. E~ast 7:50 Application of ROBER_____~TW__. GILLISPI________~_EII___~I, Main Road,~ p.m. Marion, NY for a Variance to the Zoning Ordinance, Article VII / :ection 100-71, and Bulk Schedule, for approval of insufficient are ~, ,idth and sideyard setbacks of building in this proposed two-lot ~ < ~ivision of property located at the northeast corner of Beckwith ~venue and Main Road, Southold, NY; County Tax Map Parcels No. 1000-061-02-005, 006, 007. Page 2 - Legal Notice of Hearings Regular Meeting of July ~, 1983 Southold Town Zoning Board of Appeals 8:00 p.m. Application for RICHARD DeMARIA, by Garrett A. Strang, Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-34 for permis- sion to construct addition with reduction in rearyard setback at 900 Minnehaha Boulevard, Southold, near Laughing Waters; County Tax Map Parcel No. 1000-087-02-006. 8:05 p.m. Application of SOUTHOLD EQUITIES, INC., 195 Youngs Avenue, Southold, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-70 for permission to establish residential and studio use of an existing building in this "B-1 General Business" District, located along the south side of Traveler Street, Southold, NY; County Tax Map Parcel No. 1000-61-01-015. 8:10 p.m. Application of DAVID AND BONNIE PASCOE, 900 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 XII, Section 100-12iA. 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 Page 3 - Legal Notice of Hearings R~gular 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 ~n insufficient 155 East Road, Mattituck, NY; Cpt. Kidd's 111; County Tax Map Parcel No. 1000-106-03-009. 8:45 p.m. Application of HENRY AND VIRGINIA STEINBRECHER, 1525 Haywaters Road, Cutchogue, NY for a Variance to the Zoning Ordi- nance, Article III, Section 100-31 for permission to construct addition with an insufficient frontyard setback, at 1525 Haywaters Road, Cutchogue, NY; Nassau Point Subdivision, Section D, Map 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 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 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 390 Rose 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 Soothold, 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- 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) l~or petrols- sion to use property for business purposes, to wit: Video Tape Rental and Equip- ment Sales, at premises Iocat- 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. Strung, 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 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 Garrctt A. Strung, Main Road, Southold, N.Y. for a Variance to the Zoning Ordinance, Article m, 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~ BERT W. GILLISP1E Ill, ain Road, East Marion, N.Y. a Variance to the Zoning. inance, Article VII, Section -71, and Bulk Schedule, for proval 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 fo RICHARD DeMARIA, by Gar- rett A. Strung, Main Road, Southold, N.Y. for a Variance to the Zoning Ordinance, Article III, Sections 100:31 and struct a'm~lition with redu~ioo in rearyard setback at 900 Minnehaha Boulevard, South- old, near Laughing Waters; County Tax Map Parcel No. 1000-08%02-006. 8:05 P.M. Application 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 ............. ./...fi. ff.. ............. do,¥ ......... ....................... ....... ............... Sworn to before me this ............... ./...~...5 ...... day of .......... .................. , CLEMENT j. THO~'JPS Ot, I NOTARy PU~LIg, State of Ue~v York R~d[~' ~2-9321725 ' 8 m Suffolk County ~m{~o ~res Uarch 30. 19 ~ LEGAL NOTICE 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 wilii be held by the Southold Towr~ Zoning Board of Appeals att the Southold Town Hall, Main~ Road, Southold, New York, oa~ THURSDAY, JULY 28, 1883 commencing at 7:30 o'clo~cl p.m. and as follows: · 7:30 p.m. Recasse~ Hearing: Appeal No. 3138~ ALFRED J. TERP. ~ 7:35 p.m. Application' 'd THOMAS KENNEDY, 120 Road, Patchogue, NY 11772 for a Variance to the Zoning Ordinance, Article III, Section lO0-30(A) for permission to use property for businessi 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 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. Strand. 54655 Main SouthoJf[B~lY for a Variance t~ the Fll~Jlain Management I.,~w, Cl~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. 1000-017-06-006 and pert of 007; 1000-023-2-part of 001 and 003. 7:45 p~m. Application for RVSS, Inc. (Razmataz), by Garrett A. Strang, Main Road, Southold, NY for a Variance to fronts along the south side of the Zoning Ordinance, Article Sound Beach Drive, III, Section 100-112H for . Mattituck, Cpt. 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. . County Tax Map Parcel No..~ i~: ~ 8:35 p.m. Application of 1000-12501-19.1; 1000-122-6-36. i JOHN ANTONIOU, 155 East ~'~7:50 p.m. Application of',~ Road, Mattituck, NY for a · ROBERT W. GILLISPIE III, Variance to the Zoning Main Road, East Marion, NY Ordinance, Article III, Section for a Variance 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 q setback, at 155 EaSt Road, insufficient area, width and Mattituck, NY; Cpt. Kidd's sideyard setbacks of building . Estates Map 1672, Lot 111; in this proposed two-lot County Tax Map Parcel No. division of property located at 1000-106413-009 the northeast corner of 8:45 p.m. Application of Beckwith Avenue and Main HENRY AND VIRGINIA Road, Southold, NY; County STEINBRECHER 1525 Hay- Tax Map Parcels No. 1000-06,~,,~ waters Road, Cutchngue, NY ~02-005, 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 GarrottA. Strang, Main Road, .construct addition with an Southold, NY for a Variance to insufficient frontyard setback, the Zoning Ordinance, Article at 1525 Haywaters Road, III, Sections 100-31 and 100-34 ~ Cutcho~e, NY; Nassau Point for permission to construct Subdivlston, 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, 19~3. Southold, near Laughing BYORDEROF Waters; County Tax Map THE SOUTHOLD TOWN Parcel No. 1000.0~7-02-006. BOARD OF APPEALS 8:05 p.m. Application of GERARDP. GOEHRINGER SOUTHOLD EQUITIES, INC., CHAIRMAN 195 Youngs Avenue, Southold, For further information, NY for a Variance to the pleasecontactLindaKowalski Zoning Ordinance, Article VII, at the Southold Town Hall 765- Section 100-70 for permission 1809 (or 1802). to establish residential and 1TJy14-4297 studio use of an existing building in this "B-I General Business" District, located along the south side of Traveler Street, Southold, NY; County Tax Map Parcel No. 1000-61-01-015. 0:10 p.m. Application of DAVID AND BOlqNIE 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. 0:15 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 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. 1(1(10-117-5-28 & 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 ~Ior permission to construct carport in the frontyard area, at 3825 Stars County Tax Map P~i~I No. 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 STATE OFNEWYORK ) ) SS: COUNTY OF SUFFOLK ) Joan Wo C-iisi;arson of Greenport, in said County, being duly sworn, says that I~lb/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 one weeks successively, commencing on the 1 4t;11 day of July 19 83 HEtEN g. DE VOE ~tY PUBLIC, State of New · 4707878, 3~ffolk incipal Clerk Sworn to before me this 141;h dayof .T~ y 19 83 JUDITII T. TERRY TOWN ('LI. R K RI:(;ISrRAROI VITAI, S[XlI511CS OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD May 25, 1983 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3139 application of Robert W.Gillispie, III & Others for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey. TOWN OF SOUTHOLD, NEW YORK AY, 2 5 1983 APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. DATE ,..~..e. ~.. ~....1..?. ~....3 Name of Appellant Street and Number .................... .E...a..~.~...~..a.?..i.,,o.,n. ............................. N~?.....Y..o..,r..~ ......................... i..HEREBY APPEAL TO Municipality Stale THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO .............. :: ........... : ......... DATED ....i.~.a.~.:.?...~.,....1..0..[},,3.L.[..:.....:~ .... WHEREBY THE BUILDING INSPECTOR DENIED TO Robert W. Gillispie lIl', Paul A. & Shirley Caminiti & Irwin R. & Ceil Kaplan Name of Applicant for permit of Main Road, East Marion, New York & ...3...~8 ...Co~tr..t,.. S.t re.e .t. ~.. Br o.o kl~'~ ~...N~.~.. ~Q r.k ........................................ Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (x) Permit to divide property 1, LOC,~TION Of THE PROPERTY · Street Use District on Zoning Map SCM # 1000-061-02-05,06 & 07 New Yo~k Map No. Lot No. B-1 2 PROVISION (S) OF THE ZONING ORDINANCE 'APPEALED (Indicate the Article Section, Sub- section end Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article VII, Section 100-71 Bulk schedule 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 APJ~EAL A previous appeal (has) (has not) been made with ~es'j~ect to thi~ decision of the Building Inspector or with respec.t to this prope[ty. 1~ I ' ) , SuCh oppebl was ( ) request for a spec'iai 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 isrequested forthereasonthat the applicants wish to divide property formerly consisting of 3 lots (SCM # 1000-061-O2-05, 06 & 07) into 2 lots, each fronting on Main Road, Southold, New York Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sory H~RDSHIPbecause applicants Caminiti and Kaplan intend to use the' building shown on Parcel I for a professional building. Applicant Gillispie intends to use the buildings on Parcel II for a real estate brokerage office and/or retail store. Gillispie also applies herein for an addition to the primary building oh Parcel II as shown on the attached sketch. Applicants wish to own Parcels I and II separately. Inasmuch as these buildings were separately owned in the past and over a period of at least 100 years were put to many dissimilar-uses, it would be an unnecessary hardship and produce practical difficulties if the Board were to deny variances and separate ownership of Parcels I and II as shown. 2. The hardshipcreated is UNIQUE and isnot shared by all properties alike in the immediate vicinity of this property and in this use district because an ~n. intentional merger has converted 3 lots into 1 lot. The applicants wish to divide the property into 2 lots as other improved business zoned properties in the immediate vicinity are located on parcels with less frontage and/or area than the 2 proposed lots, notably:... 061-02-04 Albertson 60'x 98 5880 S.F. + 06~..01-16 Lefferts P. Edson 26 x 153 3978 -- -18 Southold Pharmacy 47 x 165 7755 -19 Leo Schneider 35 x 100 3500 -20 Marie Schlect 49 x 100 4900 -21 Irving J. Johnson 83 x 82 6806 061-04-07 Albertson & J~ckson 50 x 150 7500 (split) 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the buildings located on the 2 proposed parcels have existed virtually unchanged for at least 120 years ( see attached exc. erpt from "Guide to Historical Markers" published by the Southold Historical Society, 1960). It is proposed to restore and maintain the buildings in their present architectural style and to conltruct an addition ss shown to the primary building located on Parcel II. This addition will be in keeping with the style and architecture of the building. Thus, the variances sought will maintain the character of the district and observe the spirit of the ordinance. ) ss COUNTY 0,~-~[,? '.. NOTARY PUBLIC, State of New Yolk No. 52-8125850, Suffolk C=m~ Term Ex~ires March 30, h9. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of Gillispie, Caminiti & Kaplan to the Board of Appeals of the Town of Southold TO: Jesse H. Jackson & Wife Baywoods Aquebogue, New York 11931 (Mrs.) Alice Albertson Horton's Lane Southold, New York 11971 YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [¢±r¢].e 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: n/e corner Beckwith Avenue & Main Road~ Southold~ New York 3. That the property which is the subject of such Petition is located in the following zoning district: B-1 4. That by such Petition, the undersigned will request the following relief: ?ermission to divide property 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article VII Section 100-71 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. (5].6) 765-].$09. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: May 24' 1983 ~ ~ Petitioner RobOt W. Gillispie III Post Office Address P.0.Box 1112 Southold, New York 11971 NAME PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 270 194 607 RECEIPT FOR CERTIFIED MAIL NO IHGURARCE COVERAGE PROVIDEO-- NOT FOR INTERNATIONAL MAIL (See Reverse) SENTTO STREET AN POSTAGE ~ERT~FIED FEE ¢ ~ RESTRICTED DELIVERY SHOW TO WHOM AN9 ¢ ~ SHOWIOWUOM DATE ~ ~ AND ADDRESS OF ¢  DELIVERY TOTAL POSTAG~ P 270 194 608 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAOE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: , being duly sworn, deposes and says that on'the ~ day of ./V~ .19 ~-~ , deponent mailed a true copy of the Notice set forth on the re- verse side'hereof, cl~rected to each of the a~ove-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said ~ersons as shown on the current as. se~sment roll of the Town of Soutbold; that said Notices were mailed at the United States Post Of- rice at ~ ~ ~~ , ~ _~ , ;that said Notices were mailed to each of said persons by (certified) (registered) mail. /~~ ~~/, ~h Notary Public 7 May 2h, ~ 983 (?cday's Data) To: S~u~no!d Town Boarc of ~als Main Road Southo!d, NY 11971 Re: Appeal Application of Gillispie~ Csminiti & Kaplan Location of P~op-~~y. n/e corner Beckwith Avenue M.~n Rn,d~ Southold 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 S~a~e ~nv~ronmental Conservation Law, please be advised that the wz~h~n appeal application: subject property iQ the '~ ~ (please check one box) [ ] May. be loc~_d=~o within 300 feet of tidal wetiands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at le_s~ 100 feet in length.* [ ] May b~ 'located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this~ro~e~n~,~ _ ~ is a bulkhead _..~ need of (ml..o_)~ ~ (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 wa]~ ~ '~ -- -Xl ..... g on the premises. 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, proposed project ~( Sw~'gt n-~ UnU~ NOTE: If fall ~ D.E.C. 3 ur~sdiction, approval must be received an~ submitted to our office before your application can be scheduled for a public hearing. 0 SHORT ENVIROS~NT.&L ASSESSMENT FO.~M INSTRUCTIONS: (a) In order to answer the questions in this short EAF is is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not ex-peered that additional studies, reeearch or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a ccmpteted EnviroNmental Assessment Form is necessa~/. (c) If all questions have been answered No it is likely that this project is no% significant. (d) Enviror~ental 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 nnique or unusual land form found on the site? Will project alter or have a large effect on an existing body of water? . . . . . . Will project have a potentially large impac~ on gro,~ndwater quality? , , . , . . . 5. Will project significantly effect drainage flow on adjacent sites? . . . . . . . 6. Will project affect any threatened or endangered plant or animal species? ...... 7. Will project result in a major adverse effect on air quality? Will project have a mmJor effect on visual char- acter of the community or scenic views or vistas know~ to be important to the cor~munity? . . . Will project adversely ~npact 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 opportunities? . . . il. 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 IL. Will prcject &ffect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year period or have a major negative effect on the character of the com. munity or neighborhood?. . Yes X No Yes X' No Yes X No Yes X No X Yes No Yes X No Yes X No Yes X No Yes X No Yes X No Yes X No Yes X No Yes X No X Yes 15. Is there pub.~c/~controversy,~~concern~ng th] project? Yes X PREPkRER'S SIGNATL-RE: ~.ITLE: Contract vendee REPRES'Z:JTI:;O:Gillispie, Cami~ti & Kapian DATE: ~2~-~ 9/1/78 NO FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ Date....~...~..~....~. ~. ........... ,19 .~..~.. PLEASE TAKE NOTICE that your application dated . ./~..~....7/. (~.~1'~.).., 19~...-~... for pe~it to censtn~c~ .~..~.~. ................................... at ~cation of Property .. ~..~.~..~~ ~ ~n~ ~ ..... ~/~. .ou~ IvO. St~t ] ~ / Ham/et Subdivision ....~ ........ F~=d Map No...~ ....... Lot No. ~ ..... RV 1/80 I --L Nor'Hq