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HomeMy WebLinkAbout301931855 S.R. 25, Cutchogue ~,11/!8/82 construct retail store w/insuff, sideyard areas on this substandard parcel located in this B-1 Zoned District. 97-5-10 Town of Appeals MAIN EOAD- STATE EI3AD 25 SBUTHDLD. L.I,, N.Y. 1t971 ACTION OF THE ZONING BOARD OF A Appeal No. 3019 Application Dated July 28, 1982 TO: Mr. Gar~e~; ~_Strang~ as agent A. BODENSTEIN ~n Road, Box 1412 Southold, NY 11971 At a Me~ting of the Zoning Board the above appeal was considered, on your [ ] for [ ] Ix] of Appeals held on November 18, 1982 and the action indicated below was taken Request for Variance Due to Lack of Access to Proper~y New York Town Law, Section 280-a Request for Special Exception under the Zoning Ordinance Ar%icte , Section Request for Variance to the Zoning Ordinance Article VII , Section 100-?1 [ ] Request for The public hearing on this application was held on November 18, 1982. Upon application for A. BODENSTEIN and wife, by Garrett A. Strang,/ as agent, 54655 Main Road, Box 1412, Southold, NY, for a Variance to the , Zoning Ordinance, Article VII, Section 100-71 for permission to~nstruct retail s~ore with insufficient sideyard areas on this substandard parcel located in this B-1 Zoned District~ ~Location of Subject Parcel: 3tS55 S.R. 25, Cutchogue, NY; County T~ Map Parcel No. 1000-~7-5-1_~Q_0. The board made 5he followinq findin~.s and determination: By this application, appellants seek permission to build a one-story frame retail ssore (antique shop) in a B-1 Zoned District. The parcel ~n question has an area of approximately 13,267 square feet, with frontage along the Main Road of 80 feet. The proposed building will have approxi- mately 1,066 square feet (exclusive of ramp), and will be set back from the northwesterly side property line 10 feet at its nearest point and from the northeasterly side property line 24'6". For the record, it is noted that the adjoining parcel on the eas~ (presently of Mort) was granted a setback from its easterly side line ~o be no less ~han five feet [Appeal No. 2973, decision rendered May 7, 1982]. tt is the opinion of the board that the narrowness of the existing parcel lends itself to the difficulties in locating a building within the required buildable area, and the board agrees with the reasoning of appellants under the circumstances. In considering this appeal, the board determines that the variance request ~s not substantial; that the c~rcumstances are unique; that by allowing the variance no substantial detriment to adjoining properties will be created; that the difficulty cannot be obviated by a method feasible to ~ppellant other than a variance; that the relief requested will be in harmony with and promote the general purposes of zoning; and in view of the manner in which the difficulty arose and !n consideration of all the above factors, the interest of justicewill be served by allowing the variance. On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that the relief applied for in Appeal No. 3019, applica- tion for A. BODENSTEIN dated July 28, 1982, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: DATED: December 9, 1982. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3019 Matte~ of A. BODENSTEIN Decision Rendered November 18, 1982 subject to Planning Board approval; 2. Subject to review by the Suffolk County Planning Commission pursuant ~o Sections 1323, et seq. of the Suffolk County Charter. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent.) This resolution was unanimously adopted. MAIN ROAD-STATE RDAD 25 APPEALSBOARD MEMBERS GERARD P. GOEHRJNGER CHAIRMAN CHARLES GRIGONJS. JR. SERGE DOYEN, JR. ROBERT J. DOU~LASS ..,-~,t,J!~SE~H H. SAWIC~K{ SOUTHOLD. L.I.. N.Y. 11~71 TELEPHONE [5'IOt 765,1809 NOTICE IS HEREBY GIVEN, pursuant to and the Provisions of the Amended Code of the Town of Southo!d, Regular Meeting and the following public hearings will be held the Southold Town Board of Appeals at a Town Hall, Main Road, Southold, NY on Thursday, November 18, 1982 commencing at 7:30 and as follows: Section 267 of the Town Law a by 7:30 p.m. Application of AGNES D. McGUNNiGLE, 52A North Road, Sou~hold, NY for a Variance to the Zoning Ordinance, Article Iii, Section 100-30A(1) for permission to create additional living unit within one-family residence located in an "A" Zone and more parti- cularly identified as 57185 C.R. 48, Greenpor%, NY; County Tax Map Parcel No. 1000-44-2-2. 7:35 p.m. Application for HOWARD HAMRE & wife, by Robert W. Gillispie III as agent, North Road, Box 1112, Southold, NY for a Variance for approval of access, New York Town Law, Section 280-a over a private right-of-way known as "Paradise Shores Road," Southotd. Location of Parcel in Question: 950 Paradise Shore Road, Southold; County Tax Map Parcel No. 1000-080-01-027. 7:40 p.m. Application of J & M REUTER CONSTRUCTION CORP., 9075 Main Bayview Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct new dwelling with insufficient front and rear yard setbacks at 2585 Gillette Drive, East Marion, NY; County Tax Map Parcel No. 1000-38-3-17. 7:40 p.m. Application of J & M REUTER CONSTRUCTION CORP., 9075 Main Bayview Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct new dwelling with insufficient front and rear yard setbacks at 2705 Gillette Drive, East Marion, NY; County Tax Map Parcel No. 1000-38-3-18. 7:50 p.m. Application of ALLEN OVSIANIK, Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article VII, Sections 100-70B{4) and 100-71 for permission to construct addition ~o the existing gas/service station with reduction in frontyard area in ~Page 2 - Legal Notic~ of Hearings Southold Town Board of Appeals Meeting to be held November 18, 1982 this B-t Zoned District. S.R. 25 and Eugene Road, No. 1000-097-02-015. Location of Subject Parcel: Corner of Cutchogue, NY; County Tax Map Parcel 7:55 p..m. Application of ALLEN OVSIANtK, Main Road, Cntchogue, NY for a Special Exception to the Zoning 0~dinance, Article VII, See~on~ 100,70B(4~en~l~0-~i for perm~m~D~i~%Jruc~ additio~ to the existing gas/service station with reduction in frontyard area in this B-1 Zoned District. Location of Subject Barce!: Corner of S.R. 25 and Eugeae Road, Cutchogue, NY; County Tax Map Parcel No. 1000-097-02-015. 8:00 p.m. Application for ANNETTE GOLDEN CARNES, 1445 Bay Shore Road, Greenpor~, NY (by A.W. Wickham, Esq.) for a Variance to the Zoning Ordinance, Bulk Schedule, Article III, Section 100-31, for approval of the existing pool and deck contamnzng lot coverage tn excess of the maxmmum-permitted 20%. Location of Subject Parcel: 1445 Bayshore Road, Greenport, NY; Subdivision Lots 22, 23 and part o~ 21 as shown on "Amended Map A of Peconic Bay Estates"; County Tax Map Parcel No. 1000-053-04-004. 8:10 p.m. Application of LEANDER B. GLOVER, JR., Cox's Lane, Cutchogue, NY (by R.F. Lark, Esq.) for a Variance to the Zoning Ordinance, Article iX, Section 100-93 for permission to set off property leaving a parcel with insufficien~ area and width in this C-1 Zoned District. Location of Property: Cox's Lane, Cutchogue, NY; County Tax Map Parcels No. 1000-083-03-004 & 004.001. ~ 8:15 p.m. Application of A. BODENSTEIN & wife, by Garrett A. Strang as agent,' 54655 Main Road, Box 1412, Southold, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 ~or permission to consmruct retail store with insufficient sideyard areas on this substandard parcel located in this B-1 Zoned District. Location of Subject Parcel: 31855 S.R. 25, Cutchogue, NY; County Tax ~ap Parcel No. 1000-97-5-10. 8:20 p.m. Application for EAST END SUPPLY CO., INC. by Irving L. Price, Jr., Esq. as agent, 828 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article VIII, Section 100-81, Bulk Schedule, for pemission ~o construct warehouse in this "C-Light Industrial" Zoned District with insufficient front, rear and side yards as shown on building plans accompanying the appeal applica- tion. Location of Property: South side of Corwin Street, Greenport, NY; County Tax Map Parcels No. 1000-48-2-2 & 3. Dated: October 30, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Gerard P. Goehringer Chairman By Linda F. Kowalski, Secretary TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTltOLD_ N.Y. NOTICE OF DISAPPROVAL Date .JO./: 19 PLEASE TAKE NOTICE that your application dated ...~JF_.-/.~...~.~ ............ 19 .~..d. for permit to construct..mPA~. ~'.~4 ~... ~. tZ. .................................... at Location of Property . .~./. ~.~-~.'- .. .~/~/. ~..~'~.'~'~. ....... .~~-.~./~ ~/.~ Nou~ No. Stmet ~ Nam~t ~ County T~ Map No. 1000 Section ....~ .... Block .. ~ ...... Lot ..~/~ ..... Subdivision ......... ~ ....... Filed Map No ..... ~ ....... Lot No .... . .~..~. ......... is returned herewith and disapproved on the following ~ounds .(~.....~(.r. ff. ~...7~...~. ~7: ~ .,.,..o..-.,.,..X.~)..~3...d~,,,:,&. ~..&~-:~./>,..~...,.::./... APPEAL FROM DECISION ...... N.., INSPECTOR '~ '~'~ " PPEAL TO , HE z-uN,N~ BOARD OF A S. TOWN O F SOUTHOLD, N. Y. ~, ~We~ .... ..~.~.~.~m,~.T.......~..:.....~r~..,<~.,of .....~...4:.~.T.=...'T..z~....:~.,...~...~.~...'..~..~<..'.~.~- Name of Appellant Street and Number .~.~.....~.....7~..~....~'...~.Z,2 ................................................... ..,~...~.: ....... HEREBY APPEAL TO .......... Municipality THE~ZONING BOARD OF APPEALS PROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..... .'~....~...~../........~..~....Z/.~....~....~=... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit o~ ,.~.-.~.~ ~.T~. Z......~.. ~..: .~.. ....... ..~...:~.~...~..~...~z.~ ~<.~.......~..-. z.~..~...~ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1 LOCATION OF THE PROPERTY ..... ..................... ..~.....~...../, Street Use District on 'Zoning Map '~'~"~i' ........................................ i;~'~"f~g: .............. 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Sectio~a~ Sub- section aha Paragraph of the Zoning Ordinance by number. Do nat quote the Ordinance.) ~ 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or ,Zoning Map ( i A VARIANCE due to tack of access ,State of New Vo~k Town Law ChaD. 62 'Cons. Laws Art. 16 Sec. 280A Subsection 3 4. ~REVtOUS APPEAL A previous aDoeal ~ (has not) been made with respect to this decision of the Building inspector or with respec~ ~o this ~roperty. Such a~DeaI was ~ ~ rec~Jest for a sDecia[ Dermit ( ) request for a variance aha was made in Appeal No ............................ Dated ...................................................................... ( is requested for the reaso~ that REASON FOR APPEAL A Variance to Section 280A SubsecTion 3 A Variance ro the Zoning Ordinance (Continue on other side) STRICT APPLICAT!ON OF THE ORDINANCE would produce practical difficuities or unneces- sor,. HARDSHIP because The hardsh o creoted is UNIQUE and is not shored Dy all r)roDertles alike in the immediate ',,~cmn. of this property and q this use district because 3 Ti,e variance would observe the solrit of the ~_, C<r~A~CTr_R OF T, ~E DISTRICT because Drdinc:nce ond WOULD NOT CHANGE THE S'T S. TE OF iNE.,V~ 'fORK )  ) ss COUNTY ) ~. Signature Sworn t~. this ......... ~.~.....¥]]... day of ............ ~ ...................... 19~ NOTARY PUBUO, ~te ~ N~ Y~ NO. 52 812585C, ~ff~k C~n~ OWNER FOR E is, 3 ? / s~s. [.AND ? IMP. TOTAL STREET FARM V]LLAGE DISTRICT SUB~ LOT COMM. J IND. ACREAGE ' ©,3OO TYPE OF BUILDING JcB, J Misc. DATE REMARKS AGE NEW Farm Tillable 1 Tilt~,,le 2 Tiltab[e 3 Woodland SwempJond Brushlond House Plot BUILDING CONDITION NORMAL BELOW Acre Value Per Acre ABOVE FRONTAGE ON WATER Value FRONTAGE ON ROAD .._?/_ BULKHEAD DOCK Southold Town Board of Appeals MAIN ROAD- STATE: ROAD 2c, c:OUTHOLD, L.I., N.Y, "11971 TELEPHONE (5'[6) 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 , Sectionl00-71 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3019 Applicant: Location of Affected Land: 31855 S. R. 25, County Tax Map Item No.: 1000-97-5-10 Within 500 feet of: XX or A. BODENSTEIN and wife Cutchogue __ Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, __Boundary of Existing or Proposed County, Owned Land Boundary of Existing or Proposed County, or Other Recreation Area Thruway (S.R. 25) State or Federally- State or Federal Park __ Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, Within One Mile of a Nuclear Power Plant __Within One Mile of An Airport. was granted COMMENTS: Applicant ~xsx~t~x~ permission to construct retail store with insufficient sideyard areas on this substandard parcel located in this B-1 Zoned District. Copies of Town file and related documents enclosed herewith for your review. Dated: July 7, 1983 ~m~. Secret~ry, Board of Appeals APPEALS BOARD MEMRFRS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR SERGE DOYEN. JR ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 50UTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 December 9, 1982 Mr. Garrett A. Strang Main Road, Box 1412 Southold, NY 11971 Re: Appeal No. 3019 - A. Bodenstein Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may be applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE E. KOPPi='LMAN Town of Southold Board of Appeals July 8, 1983 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number A. Bodenstein & Wife Augustine J. Gillen Charles & Beatrice Ward Alexander Gaston Douglas E. Murphy Cathy Wilinski 3019 3032 3039 3047 3058 3064 GGN:jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner GARRETT A. STRANG /An--,. ^. j. architect. .,~,,,,,, Main Road P.O. Box 1412 Southold N.Y. 11971 516- 765 - 5455 HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 TELEPHONE 765-1938 November 18, 1982 Mr. Garrett Strang Main Road P.O. Box 1412 Southold, New York 11971 Re: Bodenstein Site Plan Dear Mr. Strang: The following resolution was passed by the Southold Town Planning Board, Monday, November 8, 1982. RESOLVED that the Southold Town Planning Board approve the parkin9 of the site plan of A.J. Bodenstein for the construction of a retail store subject to the issuance of a certificate of occupancy being issued for the utilization of a clock and watch repair shop with the sale of some antiques and clocks as applied for, and Plan- ning Board consideration of a common curb cut with the parties of A.J. Bodenstein and Eugene & Patricia Mott. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD cc: Zoning Board of Appeals Building Department By Susan E. Long, Secretary NOTICE NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Provi- sions of tl~ Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at a Town Hall, Main Road, Southold, N.Y.o.n Thursday, November 18, 1982 commencing at 7:30 p.m. and as follows: · 7:30 p.m~. Application of AGNES D. McGUNNIGLE, 52A North Road, Southold, N.Y. for a Variance to the Zoning Ordinance, Article IB, Seetio~L10~-30.A (1) fo~p~erm'~- ~ sic property leaving a parcel with un insufficient area and width in de this C-~ Zoned District. Loca- an tion of/Property: Cox's Lane, fi~ Cutch~gue, N.Y.; County Tax pc Map Parcels No. 1000-083-03- P~ 004 & 004.001. /"8:15 p.m. Application of A.~ H' {BODENSTE1N & wife, by R_ [Garrett A. Strang as agent, al [54655 Main Road, Box 1412, S ISouthold, N.Y. for a Variance f( J the Zoning Ordinance, Article I '~ VII, Section 100-71 for permis- or I sion to construct retail store k with insufficient sideyard ar- 1~ ieas on this substandard parcel t located in this B-I Zoned c~ District. Location of Subject ( Parcel: 31855 S.R. 25, Cut- ~ chogue, N.Y.; County Tax " ~..p Parcel No. 1000-97-5-10.~ [ p.m. Application 8:20 for EAST END SUPPLY CO., ~q INC. by Irving L. Price, Jr., ~q Esq. as agent, 828 Front Street, Greenport, N.Y. for a Variance to the Zoning Ordin- ance, Article VIII, Section 100-81, Bulk Schedule, for permission to construct ware- house in this "C-Light indus- trial" Zoned District with in- sufficient front, rear and side yards as shown on building ~ plans accompanying the ap- peal application. Location of I property: South side of Corwin Street, Greenport, N.Y.; County Tax Map Parcels No. 1000-48-2-2 & 3. -- Dated: October 30, 1982 BY ORDER OF THE -- SOUTHOLD TOWN BOARD OF APPEALS ,~ Gerard P. Goehringer. -u Chairman o! By Linda F. Kowalski, ~I~ Secretary lTd 1/4/82(126) COUNTY OF SUFFOLI/~ ss: STATE C'F NEW' YORK Patricio Wood, being du!y sworn, says that she is the Edffor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold. in Suffolk County; and that the notice of which tee annexed is o printed copy, has been published in said Long Island Traveler-Watch- / men once each week for ..................................... ,..weeks suc:essivoly, commoncing on the .................................... Sworn to before me this ................................ day of NY' Subdivision EAST END sUPPLY CO., LEGAL NOTIC . . Greenport, , in L. Price, Jr., EREBY Parathse Shore tion in front ard area in and art of 21 as INC, by ltv g · o-~ ~'rn t NOTICE IS H . . Tax Map reduc . . Lots 22, 23 P as a em, o~ .... n GIVEN, pursuant to Sectl.on S_outh.°.l.d, .C,~°un~tY~l.027 this B-1 Z~on.e~ .D~is_t_rj~c~t,. shown on .Amended ,M, ap~A°..f ~E~s~q,~,, Gr~Inoort NY for a f the Town Law and the ~arceal~o. ~.~y,.,:?~..... · Location of ~un~ec~ r~. Pecomc Bay Estates ; ~ou.- ~'~ ' Zoning ~7,~isions f the Amended 7:40 p.m. Apphcatio~_o_f.J.~& rner of S R 25 and Eugene *~ 'rax Man Parcel No 1000 Varmnce to. _t.h_.e_~ tar Meetin and the Tlo~ ~ · Tax Map Parcel ~ · - ~.10 n m Appficauo ..... ct a Regu g. · ' d Southold NY ~' =' ' for ermissmn m cons~ru · blic heann vail Baywew Rna , · 02-015 DEB B GLOVER, JR., P . . foll.ow. Ln~ pu.~_ ~,.,,,hnl~Tow r a Variance to the Zomng ~. ~ . m Aunlication of L~E~N .... ~.tc gue NY warehouse m this. beneluoym~ ..... ;--_ n ~_r.~ ...... Article III, Section "~.,~"X~.'~%~ Main ~;oxs ~. .... .;__c~l~o~, ~^. o Industrial" Zonea ~lall, Main-Road, Southold, 100-31 for perm~ ........ V~riance to the Zomng w~m ~,~ NY on Thursday, November 18, 1982 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of AGNES D. McGUNNIGLE, 52A North Road, Southold, NY for a Variance to the Zoning Ordinance, Article Ill, Section 100-30A(1) for permission to create additional living unit within one-family residence :i more particularly identified as 57185 C.R. 48, Greenport, i NY; County Tax Map Parcel : No, 1000-44-2-2. ~ 7:35 p.m, Application for i HOWARD HAMRE & wife, by Robert W. Gillispie lI1 as ! agent, North Road, Box 1112, i Southold, NY for a Variance for approval of access, New York Town Law, Section 280-a over a private right-of-way construct new dwelling with insufficient front and rear yard setbacks at 2585 Gillette Drive, East Marion, NY; County Tax Map Parcel No. 1000-1~-3-17. 7:40 p.m. Application of J & M REUTER CONSTRUC- TION CORP.. 9075 Main Bayview Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct new dwelling with insufficient front and rear yard setbacks at 2705 Gillette Drive, East Marion, NY; County Tax Map Parcel No. 1000-38-3-18. 7:50 p.m. Application uf ALLEN OVSIANIK, Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article VII, Road, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article VII, Sections 100-70B(4) and 100-71 for permission to construct addition to the existing gas/service station with reduction in frontyard area in this B-1 Zoned District. Loca- tion of Subject Parcel: Corner of S.R. 25 and Eugene Road, Cutchogue, NY; County Tax Map Parcel No. 1000-097-02- 015. 8:00 p.m. Application for ANNETTE GOLDEN CARNES, 1445 Bay Shore Road, Greenport, NY (by A. W. Wickham, Esq.) for a Variance to the Zoning Ordinance, Bulk Schedule, Article III, Section 100-31, for approval of the existing pool and deck containing lot Ordinance, Article IX, Section 100-93 for permission to set off property leaving a parcel with insufficient area and width in this C-1 Zoned District. Loca- tion of Property: Cox's Lane, Cutchogue, NY; C°unty Tax Map Parcels No. 100iP083.03- & 004.001. :15 p.m. Application of A.'~ DENSTEIN & wife, by rrett A. Strong as agent, 55 Main Road; Box 1412, Southold, NY for a Varianc~ the Zoning Ordinance, Arhc VII, Section 100-71 for permission to construct retail store with insufficient sideyard areas on this substandard parcel located in this B-I Zoned District. Lo- cation of Subiect Parcel: 31855 and side yards as shown on building plans accompanying the appeal application. Location of Property: South side of Corwin Street, Greenpert, NY; County Tax Map Parcels No. 1000-48-2,2 & 3. Dated: October 30,1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Gerard P. Goehringer Chairman By Linda F. Kowalski, Secretary Page 2 List of Mailings Legal Notice for November 18, 1982 Southold Town Board of Appeals Copies to the following on or about Monday, November 1, 1982: Mrs. Agnes D. McGunnigle Peter Costigan, Esq. for Mrs. McGunnigle, 105 Main St, Port Jf Sta 1177~ Mr.- R~bert ~;' Gii~ispie,~'l~I as a~e~a fo~ Howard Hamre and wife Mrs. Margery D. Burns Re: Howard Hamre Mr. Jerome Reuter, J & M Const. Corp., 9075 Main Bayview Rd, Sld. Mr. Allen Ovsianik, Main Road, Box 485, Cutchogue, NY 11935 Mr. Lance Larsen, North Road, Southold, NY 11971 Mrs. Annette Golden Carnes, 1445 Bayshore Road, Greenport, NY 11944 Abigail A. Wickham, Esq. as attorney for Mrs. Carnes ... Mr. Leander B. Glover, Jr., Cox's Lane, Cutchogue, NY Richard F. Lark, Esq. as attorney Garrett A. Strang as agent for A. Bodenstein and wife Box 1412, Southold, NY Mr. Walter H. Burden, Jr., Front St., Greenport, NY (East End Supply) Irving L. Price, Jr., Esq., 828 Front St., Greenport, NY 11944 Mr. Victor Lessard (Building Department) Town Clerk Bulletin Board Suffolk Times (personal delivery) L.I. Traveler-Watchman (personal delivery) ZBA board members ZBA individual files Southold Town Board of Appeals MAIN RDAD- STATE RDAD 2~S =:DUTHOLD, L.I., N.Y. 11S71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT .I. DOUGLASS JOSEPH H. SAWICKI August 2, 1982 Mr. Garrett A. Strang 54655 Main Road P.O. Box 1412 Southold, NY 11971 Re: Appeal No. 3019 Application for A.J. Bodenstein Construction of Retail Store Dear Mr. Strang: Please be advised that the following action was taken at a Regular Meeting of this board held last Thursday, July 29, 1982 concerning the above application: RESOLVED, that Appeal No. 3019, application for A.J. Boden- stein, be held in abeyance pending review and comments by the Southold Town Planning Board for this proposed retail store in this "B-l" District. Also, in checking with the Planning Board secretary, I was informed that the Planning Board will not be reviewing the application prior to our next meeting, August 17th. If you have any questions, please do not hesitate to call. Yours very truly, cc: Planning Board GERARD P. GOEHRINGER C~IRMAN /q / , ~By Linaa F. KOwalski, Secretary JUDITH T TERRY TOWN CLERK REGISYRAROI VITALSI \IIS[ICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 28, 1982 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, Town Clerk JTT/bn Enclosures Transmitted herewith is Zoning Appeal No. 3019 application of Garrett A. Strung 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 Buidling Department; and survey. ~l~d' T~r~cle~ BUILDING INSPECTOR APPEAL NO. k,,,~//')7 APPEAL FROM DECISION OF DATE ..... x,.. .................... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. (we) ..... Name of Appellant Street and Number ............ ..................................................... ..w...,.../.,. ......... NEeE.Y APPEAL TO Municipality St'ate THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION [OR PERMIT NO ..................................... DATED .......... k.~.....:~..~....~'...~..~..../~.. WHEREBY THE BUILDING INSPECTOR DENIED TO of ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY Name of Applicant for permit Street and Number Municipality '§i;i; ...................... 1. LOCATION OF THE PROPERTY .......................... ~ .............................. ~ .............~...~'..~.~.^..../~)..,,,,~/a'.~.~ Street Use District on 'Zoning Map Mop No Lot No. ! ~ ' ~77 ~ - / ~ 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- sectio,~ and Paragraph of the Zoning Ordinance by number. Do nat quote the Ordinance.) 3 TYPE OF APPEAL Appeal is mode herewith for (~) A VARIANCE to the Zoning Ordinance or ,Zoning Map ( ) A VARIANCE due tq lack of access (State of New York Town Law Chop. 62 Cons. Laws Art 16 Sec. 280A Subsection 3 4 PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such cppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... is requested for the reason that REASON FOR APPEAL A Var,once to Section 280A Subsection 3 A Variance to the Zoning Ordinance Form (Continue on other side) 1 STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because The hardship created is UNIQUE and is not shared by all oroperties alike in the immediate vlCm~ of this property and in this use district because 3 Thr~ VAr;once would observe the spirit of the Ordinonce and WOULD NOT CHANGE THE CIIAI,'ACTER OF THE DiST. RICT becouse ) ss COUNTY ~'"' ) S!gnoture N~ARY PUBLIC, ~ ~ ~ ~ No. 52 8125850, Surfak ~/ Term -x?ires F,iarch 30, BOARD OF In to the Board of Ao~eals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold torequesta~'f'. .... . :.....!'~, , .:..:7 .... ,--~- ~ . [circle choice] ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed asfollows: L~, T' ,:~ ~ ~ ' rS?" I ~ m-~ ~/~,~r'~ ~'..~ ~' 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~ Section / ~ - -7/ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road. Southold, New York and you ma), then and there examine the same during regular office hours. (516) 7~5-~809, ?. 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 $outhold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: J4,'~/' Z~' /~:/~'~-" ~ Petitioner ~:'~r~- ~', ~-~a~'f'. ~'.A. Post Office Address PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS J PS FORM MAY 1976 3817 MAY SE USED F_OR DOMS~$~IC AND,,~N~I'SRNATIONAL MAII~ DOES NOT PROVIDE PS FORM MAY 1976 3817 U.S. GOVERNHENT PRINTING OFFICE: 1979-752-$24 STATEOFNEWYORK) COUNTY OF SUFFOLK) , being duly sworn, deposes and says that on the ~. day of -/~-'~- ~ ,1 9 ~ Z , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-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 persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at (certified) (~ mail. Sworn to I:~d;~.e mp th is day of · "~ ~'/ .19 ~ N;tarY Public NOT~Y ~BLIO, ~t~ of New Y~k NO, 52-812~, ~tf~k Cm~/ / ; that said Notices were mailed to each of sai~ersons by / SiiORT E~,,I ,Or,,,:, I kL ASSESSLtENI ui~14 IHSTRUCT IOtIS: . ------ (o) In order to answer ttie questions in this short EAF it is'assumed that the preparer will use currently av6iloble information concerning the project and the likely impacts of the action. ~t is not expected that odd±liana1 studies, research or other investigations Y~$11 be undertaken. (b) ~f any question has been ans~ered Yes the project may be s±gnificont and o completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that thls project is not significant.''" ~ .-. ... (d) Environmental Assessment .... 1. Will project result in o large physical change to the project site 6r physically alter more than l0 acres of land? ........................ 2. ¥lill there'be a major change to any unique or -unusual land {arm found on the site? .......... 3. Will project alter or have a large effect'on existing body of water~ 4. ¥~ill pro~ect have o potentially large impact on ground'.'rater quality? ........................ ' 5. YJill pro~ect Significantly effec.t_dra~nege....;;. fto~ on adjacent sites? 6. Will project affect any threatened or endangered plant or animal species? ........... 7. Will pro~ect result in/o major adverse eff.,ec:~- air quality? - ' 8. Will project have e major effect on visual character of the community or scenic views vistas known to:be important to the community?. 'Ygs. XNo 9. Will project adversely impact any site or .. . structure of historic, prehistoric or paleontological importance or any site designated as a c~iticol environmental area ~0. Will project have a major effect on existihg or future ~ecreationol opportunities?.' ....... Yes.~No 11. Will project resolt in.majo~ traffic prob&ems ' o~ cause a major effect to ex&sting . transportation systems? .............. · .......... Yes./YNNo' 12. Will project .regularly cause objectionable odors, noi~e, g!are~ vibration, or elec'bricaI. ozs~urbance os a result of the pro act's opera, ion? ..... .... ; .......... : ................ ~ y 13. W±ll project have an), impact on public health ' or.safety? .................................... _ Yes ~No 1~. Will' project affect the existing community by. ' ' '. directly causing o grog'rib in permanent " population of more than 5 perce~t over a one year period or hove a major negative effect on the character of the community or neighborhood? ................................. Yes )(,No 15. Is there public controversy concerning the '' project? ....................................... Yes )(No." Yes XNo (Toda~ s Date) To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of Location of Property: Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property i~ the within appeal application: (please check one box) [ ] b~ay be located within 300 feet of tidal wetiands; ho~gever, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* [ ] May b'e 'located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] not appear to May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing 'on the premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items(*) indicate your property does fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, (Signature please FOR PARCEL NO. SEE SEC. NO, ~03 Legend