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Home My WebLink About3049Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SnUTHnLD, l.l., N.Y. 11g71 ACTION OF THE ZONING BOARD OF A] Appeal No. 3049 Application Dated October 12, 1982 TO: Mr. Allen Ovsianik Box 485, Main Road Cutchogue, NY 11935 RECEIVED AND FILED BY 'P ~$~ SOUTHOLD TOWN CLERK TO~ Clerk, Town of Southold At a Meeting of the Zoning Board of Appeals held on November 18, 1982 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 [X] Request for Special Exception under the Zoning Ordinance Article VII , Sections 100-71(B)[4] and 100-71 [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for The public hearing on this application was also held on November 18, 1982. Upon application of ALLEN OVSIANIK, Main Road, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article VII, Sections 100-70(B) [4 and 100-71 for permission to construct addition to existing gas/service sta- tion with reduction in frontyard area in this B-1 Zoned District. Location of Subject Parcel: Corner of S.R. 25 and Eugene Road, Cutchogue, NY; County Tax Map Parcel No. 1000-097-02-015. The board made the following findings and determination: By this application, appellant seeks permission to construct a 16' by 42' addition (exclusive of 2' concrete apron along west side of addition) for use as a shop area for the existing service station. The setback of the new addition at its nearest point with Eugene's Road is 15 feet (southwest corner). The existing service station building is set back at its northwest corner from Eugene's Road at 19.34 feet as indicated on site plan revised 10/2/82 submitted with this application. The premises is question contains an area of approximately 14,500 square feet, with frontage along Eugene's Road of 129 feet and along the Main Road of 136 feet. In considering this appeal, the board determines that the use applied for will not alter the essential character of the neighborhood; that the use will not prevent the orderly and reasonable use of adjacent properties or of property in adjacent use districts; that the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located, or of permitted or legally established uses in the district wherein the proposed use is to be located, or of permitted or legally established uses in adjacent-use districts; that the safety, health, welfare, comfort, convenience and order of the town will not be adversely affected by the proposed use and its location; and that the interests of justice will be served by allow- ing the variance conditionally as noted below. On motion by Mr. Sawicki, seconded by Mr. Doyen, it was RESOLVED, that the relief requested in Appeal No. 3049, application by ALLEN OVSIANIK for permission to construct addition with reduced (CONTINUED ON PAGE TWO) DATED: December 13, 1982. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD Page 2 - Appeal No. 3049 Matter of ALLEN OVSIANIK Decision Rendered November 18, 1982 frontyard setback at 15 feet, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the present use (service station functions) be continued for this new addition; 2. That at no time may premises be used for more than one business; 3. That storage of vehicles is limited to the east side and south rear yard areas [and in no event forward of the building into the frontyard); 4. If the rear or side yard areas of premises are used for storage of vehicles, then adequate screening shall be provided as required by the Zoning Board of Appeals for that purpose; 5. That this variance is subject to review by the Suffolk County Planning Commission pursuant to Sections 1323, et seq. of the Suffolk County Charter; 6. That this variance is subject to Southold Town Planning Board approval and requirements, if any. ..AocatioR, of.~Proper~y: S.R. 25~ and,Eugene Road, Cutchogue, NY; County Tax Map Parcel No. 1000-97-2-15. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent.) This resolution was unanimously adopted. ~ APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI $outhold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I. N.Y. llg?l TELEPHONE (516) 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 Board of Appeals at a Town Hall, Main Road, Southold, 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 III, Section 100-30A(t) 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, Greenport, NY; County Tax Map Parcel No. 1000-44-2-2. 7:35 p.m. Application for HOWARD HAVRE & 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," Southold. 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 to the existing gas/service station with reduction in frontyard area in Page 2 - Legal Notice of Hearings Southold Town Board of Appeals Meeting to be held November 18, 1982 this B-1 Zoned District. Location of Subject Parcel: Corner of S.R. 25 and Eugene Road, Cutchogue, NY; County Tax Map Parcel No. 1000-097-02-015. N~y f 7:55 p.m. Application of ALLEN OVSIANIK, Main Road, Cutchogue, or a Special Exception to the Zoning Ordinance, Article VII, ISections 10~0B(4) and 100-72 fur pe~issio,, t~c~ns~ct addition- to the existing gas/service station with reduction in frontyard area in this B-1 Zoned District. Location 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 coverage in excess of the maximum-permitted 20%. Location of Subject Parcel: 1445 Bayshore Road, Greenport, NY; Subdivision Lots 22, 23 and part of 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 insufficient area and width in th~s 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 for permission to construct 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 Map 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 permission to 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 Page 2 - List of Mailings Legal Notice for November 18, 1982 Southold Town Board of A~peals 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~ MrJ R~bert W~· Gil~isp.ie,-~l~ as agent fo~ Howard Hamre and ~ife - Mrs. Margery D. Burns Re: Howard Hamre Mr. Jerome Reuter, J & M Const. Corp., 9075 Main Bayview Rd, Sld. M r . Allen Ovsianik, Main Road, Box 485, Cutchogue, NY 11935 r. 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 Mr. 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 l~n Clerk South'oF~ GOWN OF SOUTHOD, NEW YOR~ APPPLICATION FOR SPECIAL EXCEPTION TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. Y. NAME STREET AND NUMBER MUNICIPALITY STATE hereby apply to THE ZONING BOARD OF~APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE ARTICLE ~ SECT/ON /oo - ?,~ ~ ~',/) SUBSECTION / ~ ~ Z/ THE SPECIAL EXCEPTION IS REQUESTED BECAUSE STATE OF NEW YORK ) COUNTY OF~,O~'~O~L-I ss ~wo~n ~o t~i~ ~a~ o~ 0~,~ SIGNATURE FORM ZB2 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ,,~7 ~,,/" RV 1/80 File No ................................ ..,~. x... ~../..y. .................... . PLEASE TAKE NOTICE that your application dated..~/Z~ for pe~it to construct .~( ~..~..~ ~f~ ~f~. ~/~~:.. at ~cation of Property...~(~..~..~~.. ~.~ ....... ~.~ f4~. Hou~ ~o. / Stmt /Ham/et County Tax Map No. 1000 Section .. ~.~ ~... Block ..... O. ~ .... ~t . .~.~T .... Subdivision ............... ~ .. F~ed Map No ..... ~ .... ... ~t No .................. is returned herewith and disapproved on the follow~g ~o~ds ~Z~e..(e..~~. ~' ~.. ~/...~.. ~ ;7. ~.. ~..~~. ~ee~.. ,3... MEMORANDUM To: Bennett Orlowski,Jr., Chairman Victor Lessard, Building Department Administrator James A. Schondebare, Town Attorney From: Valerie Scopaz, Town Planner RE: Gas station on Southeast corner of State Route 25 and Eugene's Road, Cutchogue. SCTM ~1000-97-2-15. Date: May 31,1988 At the above-named site, a large steel-framed "Butler"-Type building has been erected alongside an existing gas station. There is no approved site plan on file for the construction of this building. Further, the site owner was not required to apply to the Zoning Board of Appeals for permission to expand a use that is permitted by Special Exception only. This situation has been discussed on several occassions, by all the above; however, no move has been made to require that an amended site plan be filed with the Planning Board's office. In order to protect the Town, it is essential that there be some consistency in requiring site plans. Otherwise, the Town is open to changes of being arbitrary and capricious in its application of the Town's Code. Furthermore, other owners of business property may decide to circumvent the procedure by applying for an accessary building rather than filing a site plan to expand an existing building. If this happens, there is no point in having a site plan review procedure at all. Consequently, the following recommendation is offered: that the property owner be required to file an amended site plan and that the amended plan be in compliance with the Code requirements. COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE £. KOPP£LMAN July 15, 1983 Town of Southold Board of Appeals 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 Allen Ovsianik John & Frances DiVello George & Sybil Penny Roger L. Munz & Victor Catalano Roger L. Munz & Victor Catalano Charles & Sylvia DeLuca 3049 3088 3095 3100 3101 3105 GGN:jk Very truly yours, Lee E. Koppelman Director of Planning } ;/ _/ ,, . J Gerald G. Newman Chief Planner Southoid Town Board of Appeals MAIN ROAD- STATE ROAD ")S SOUTHDLD. L.I.. N.Y. 119'71 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: Variance from the Zoning Code, Article , Section Variance from Determination of Southold Town Building Inspector xx Special Exception, Article VII , SectionI00-7I(B) (4) and I00-7I Special Permit Appeal No.: 3049 Location of Affected Land: County Tax Map Item No.: Within 500 feet of: Applicant-. ALLEN OVI SNAK Corner of S.R. 1000-023-5-006 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 25 mnd EugeneS Ro~d Thruway 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, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. . w~s gr~ted . . COMMENTS: Applicant ~~perm~sslon to to existing g~s/service station with reduction construct ~ddition in fronty~rd ~re~ in this B-I Zoned District, Copies of Town file and related documents enclosed herewith for your review. Dated: July Jq , 1983 Temp. S of Appeals HENRY E. RAYNOR, Jr., Chairman JA~dES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAbl, Jr. WILLIAM F. MULLEN, Jr. TOS~N O~F:SOU~I~OL D Southold, N.Y. 11971 TELEPHONE 765-1938 November 16, 1982 Mr. Allen W. Ovsianik Box 485 Cutchogue, New York 11939 Dear Mr. Ovsianik: Our Board is unable to make a determination on your proposed site plan as submitted. As this area is in the B-1 District, a full site plan is required by this Board. We would request that you revise your site plan to include ingress and egress, proposed parking plan to be dust free, and proposed buffering for this area. Please refer to Chapter 100-130 of the Code of the Town of Southold. Please submit to our office three copies of the proposed site in- dicating the above, at which time we will schedule a presubmission conference with the Board for the next available Planning Board meeting. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN $OUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary cc: Zoning Board of Appeals/ APPEALS BOARD MEMRIFRS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS. JR SERGE DOYEN, JR ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 'PS c:OUTHOLD, L.It, N.Y. 11971 TELEPHONE t516) 765-1809 December 13, 1982 Mr. Allen Ovsianik Box 485, Main Road Cutchogue, NY 11935 Re: Appeal No. 3049 Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may be applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to Building Department Planning Board GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary LEGAL NOTICE 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 Board of Appeals at a Town Hall, Main Road, Southold, 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 III, Section 100-30A(1) for permission to create additional living unit within one-family residence located in an "A" Zone and more particularly identified as 57185 C.R. 48, Greenpart, NY; County Tax Map Parcel No. 100~ q~ 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,~l~iuthold. Location of Parc~ Question: 950 Parad~ Shore Road, Southold; County Tax Map Parcel No. 100~0~0-01.O27. 7:40 p.m: Apphoation 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 roi' permission to construct new dwelling with insufficient front and rear yard setbacks at 2585 Gillette Drive, East Marion, NY; County Tax Map Parcel No. 10(~-38-3-17. 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 27O5 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~nstruct addition to th~dsting gas/service stafl~'n with reduction in frontyard area in this B-I Zoned District. Location of Subject Parcel: Corner of S.R. 25 and Eugene Road, Cutchogue, NY; County Tax Map Parcel No. 1000-097- 02-015. ,,,,,"7:55 p.m. Application of ALLEN OVSIANIK, Main Road, Cutchogue, NY for a Special Exception to the~ Zoning Ordinance, ArticleVII, Sections 100-70B(4) and 100-71/ for permission to construct~ addition to the existing~ gas/service station with~ reduction in frontyard area in tills B-1 Zoned District. Loch- tion of Subject Parcel: Corner of S.R 25 and Eugene Road, Cutchogue, NY; County Tax ~,.,,015.[ Map Parcel No. 1000-097-02-,~- 6:00 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 coverage in maximum-p Location of S 1445 Bays Greenport, N Lots 22, 23 ar shown on "Ant Peconic Bay l ty Tax Map 1: o~3~o4. ~aJd County, 8:1o p,m. LEANDER B"S, a weekly Cox's Lane, · ,- (by R.F. La[1OKI, county Variance t°~D¥ that has Ordinance, Ar -- 100-93 for pern each week property leavi ~/~ day insufficient ar' ............. this C-1 Zoned Uon of Proper/'} / CutchogUe, IV-,' __ ~O ~-~ Map Parcels ~ 8:15 p.m.A ~J BODENSTEI Garrett A. St 54655 Main R Southold, NY f the Zoning Or~ VII, Sectio~ permission to store with sideyard substandard in this B-1 Zo~ cation of Subjt NOTICE NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Provi- sians of the 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.' 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, N.Y. for a Variance to the Zoning Ordinance; Article III, Section 100-30A (1) for permis- sion to create additional living unit within one-family resi- dence located in an "A" Zone and more particularly identi- fied as 57185 C.R. 48, Green- port, N~Y.; County Tax Map Parcel No. 1000-44-2-2. 7:35 p.m. Application for HOWARD HAMRE & wife, by Robert W. Gillispie HI as agent, North Road, Box 1112,, Southold, N.Y. for a Variance for appr~val~of ~ss, New York Town Law, Section 280-a ~over a pri,v,a, te right-of-way //known as Paradise Shores ~Road," Southold. Location Of ~' Parcel in Question: 9~S0 Para- dise Shore Road, Southold; County Tax Map Parcel No. 1000-080-01r027. ~:40 p,m. ApPlication of J&M REUTER CONSTRUC- TION CORP., 9~.75 M~in Bay- view Road, Southold, N.Y. for a Varianc~ to the Zoning Ordinange, Article IH, Section 100-31 for permission to con- struct new dwelling with insuf- ficient l~ont.and rear yard set- Map Parcel . - - 5. 8:00 p.m. Application for ANNETTE GOLDEN CAR- NES. 1445 Bay Shore Road, Greenport, N.Y. (by A.W. ¥/ Wickham, Es~.)for a Variance to the Zoning Ordinance, Bulk Schedule, Article HI, section 100-31, for approval of the existing pool and deck contain- ing lot coverage in excess of the maximum-permitted 20%. Location of Subject Parcel: 1445 Bayshore Road, Green- port, N.Y.; Subdivision Lots 22, 23, and part of 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, N.Y. (by R.F. Lark, Esq.) for a Variance to the Zoning Ordin- 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, t~as been published in said Long Island Traveler-Watch- / ma,~ once each week for ........................................ weeks 5~ccessively, commencing on the .................................... Sworn to before me this ................................ day of ............... ........ , Southold Town Board of Appeals MAIN RnAD- BTAT~E RnAD 25 5nUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMRERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR S.E.Q.R.A. October 21 SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE DECLARATION JOSEPH H. SAWlCKI Notice of Determination of Non-Significance 1982 APPEAL NO.: 3049 PROJECT NAME: Allen Ovsianik This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: IX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Special Exception to construct addition to existing gas/service station in a business zone. LOCATION OF PROJECT: Town of ~outhold, County of Suffolk, more particularly known as: South side of State Route 25 at its intersec- tion with Eugene Road, Cutchogue, NY. 1000-097-02-015. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. (2) The premises in question is not located within 300 feet of tidal wetlands or other critical environmental area. FOR FURTHER INFORMATION, PLEASE CONTACT: Mrs. Linda F. Kowalski, Secretary, Southold Town Board of Appeals, Main Road, Southold, New York 11971. Telephone: (516) 765-1809. Copies of this notice sent to the applicant(s) or agent(s) and other involved agencies [if any] and posted on the Town Clerk Bulletin Board. JUDITH T. TERRY TOV~N CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 October 12, 1982 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Cle_r~ Transmitted herewith is Zoning Appeal No.~ application of Allen Ovsianik for a special exception. 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. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals 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 to request a (Variance) ~cep~on~ (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: ~/~ ~'~'~//~,~ ,'*'~/~','~' ~ ~ ~~ ~. 3. That the property which is the subject of such Petition is located in the following zoning district: ~-/ ~a~ DI~c~. ~,~,~' -7~ ,~,nF. /~,~F~7-~--Ol~- 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 ~cicle 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island 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 ri~tt to appear and be heard at such hearing. Dated:' ~-~ F~- ~£ ~ /~£ ~ Petitioner Post Office Address~,./~ L NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P03 2514 95 RECEIPT FOR CERTIFIED MAll. NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) ETA , residing at , P03.25!46,98 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) .(~ ~BTATE.AN D ~P CODE ~. RESTRICTED DELIVERY SHOW TO WHOM AND ~ AND ADDRESS OF - ~uwnv ~DRESS OF DELIVERY WfTH RESTRICTED OEUVERY ;: -~'c-'~"~'~z,:¢*~ : ',4.,,-y~. ..... :, being d'uly sworn, deposes and says that on the ' day of ,19 __, 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- e~ (registered) mail. Sworn to_before me this day of ,.~',,-~'~- ,1~- Ne. 52- 4~1~7~0 Quollfied in 5~i~ Ca~ aD, ; that said Notices were mailed to each of said persons by ]IISTRUCTIONS SI-107, T EHVIP~Ok',H[£NTAL ASSESSh~L:I~I ~ (a) ~ order to answer the questions in this short EAF it is assumed that the preparer wi}l use. currently avoLlab}e information concerning ~he project and the }Lkcly impacts of the action. It is not expected tha~ additional studies, research or other investigat£ons wil~ be undertaken. (b) If any question has been answered Yes the project may be s~gn±£~cont and o comp}eted EnvLronmen¢ol Assessment Form is necessary. (c) IF all questions hove been answered No i~ is likely that th&s pro,oct is not s~gni£icant. (d) Env±ronmental Assessment ~. ~'ILLL pro,oct result in a large physical change to the pro~ect site or physically alter more /N than 10 acres of iand? ........................ Yes, 2. ¥1±ll there be o major change to an7 unique or -unusual land fo~m found on ~he slt~? ..... Yes, ~ NO 3. Y/ill pro3ec~ o~ter or hove o }orge' efFec~ ~'" existing body of water? ...................... Yps, ~ 4. ¥till project have a potentially large impact , on groundwater.quality? .... ;~;~;.j-~i~g; ..... __Yes No 5. ¥/ill project szgnificon~ly r e Yes No flow on adjacent sites? ...................... ,. . 6. ¥/ill project affect any threatened or endangered plant or animal species? .......... ... Yes /No 7. ¥/ill project result in o major adverse effect Yes u/ No on air quality? ........ character of the community or scenic views or vistas known to:be important to the community?. YeSlP/~o 9. Y/ill project adversely impact any site or .' structure off historic, prehistoric or paleontological imporlonce or any site designated os a critical environmental area by o local agency?............ -.-.. ..-.-~-.~..-.-~. .......... YesI /No 10. ¥7ill project have a major e~£ecf on existing or future recreational opportunities?. ......... 11. ¥/ill project result in .major traffic problems oK cause o major effect to existing transportation systems? ....................... Yes,/No 12. ¥till project .regularly cause objectionable odors, noise, 91ore, vibration, or electrical disturbance os a result of the project's Yes / No' operotlon? .... ' .......... safety? Yes /No 14. ¥;ill p~oject affect the existing community by directly causing o growlh in permoneni population of more than 5 perceg% over o one year period o._~_r have a major negative effect on the character of the community or neighborhood? ................................. . Yes 15. Is there public controversy concerning the Yes /No pro,oct? .................. PREPARER'S SIGHATURE REPRESENTING ~z_-/=. DATE (Today's Date) Scuthc!d . ~-~s =~,.;n Board of App-~ ~.:ain Road Scutho!d, NY 11971 Dear Sirs: re-_.e..c~ to the New Yo=x State Tidal Wetlands Land-Use ........ ~ .... s, 6 N.m..=~, Part 6bi, anc Article 25 of the New York S~"~--~ ~n';~cn~=~=~-~-.~-- Ccnservation Law, please be advised rna= the subj~- D~ ~, ' .~~e_~y iQ the within ~2 -~ ~o ~==~ · (please check one box) %~m~nzn 300 feet o= tidal wetlands; co,~s ...... ~ a±ong the water-lying edge of this -~ p~re_=y is a bulkhead in very gccd condition and an least 100 feet in le..==h.* [ ] ~!av ' ' ' ' ~ -e=~ ,, ..... n 300 of tidal wetlands; of this prcparuy i~= a ~uR'~'~=~ ........... ~ need of (major) resairs, and ...... {-=e=l- =~ · lenguh. [ ] ~!ay be ]~ ~ ~ ' ' ' ~C--t~I- w~thln 300 feeE of tidal wetlands; however, constructed alenc~ ~h== wate~-ly~n- -- g edge of this Drcperty is a bul.,_~ad less than 100 feet in length. [ ] May be located , '~' ' _. .,;~n~n 300 fe=~ of tidal wetlands; and '' '~'~ is bu~'<he~ or co~=e= wall Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Sn .... d ~tems (*) indicate your p,ope_~ does not appear to fall within the jurisdiction of the N.Y.S. D.E.C.] S in/c~rely yours, / / f "~--~----:-- .................................. .4Z~- 0" Fl O0£ PLAN - P£OPOS£D ADD/