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HomeMy WebLinkAbout2873CA:uSA- ~Xis't~fi~ bldg,' 'a.'S '~n' auto~biie re~ai~ ' TOWN OF SOUTHOLD, NEY,' YORK ACTIO~q OF THE 'Z0NI~'G BOARD" OF ~PPEA~S ~p~alNo. 2873 by application Dated August 19, 1981 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mr. Sonny Brown Box 473 Madison Avenue, Greenport, NY 11944 10/1/81 DATE ....................... Appellant at a meeting of the Zoning Board of Appeals on September was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X~ Request for a variance to the Zoning Ordinance Art. XI, ( ) Sec. 100-118D the appeal 1. SPFiq~.X~XFI~p~t~SJikBxI4IFR~~~~ Y. bigC~X ]C~ception ( ) be granted (' $ ~ d~ed~uant to ~ticle .................... Section .................... Subsection .................... para~aph decision of"~e BulldOg I~pect~ ~ ) be reV-ersed ( ) be · .L~...)~....~.~...~ ~' ~e ~ ~r~ance ah~~tHe "" - ' ' " -" ' :"~ ~ co~med'~a~ ~C ~ear~ng held 9/3/81: Applica~i°~ of Sonny Brown, BOX 4 ~ 3, MaSson ~e~ue ~Gre~po~t, N~:..for...a ::V~ria~c~. ~to .:~he .- 5oning OrdSnano. e, .~t.~:~I~ ~e.c, 100-118D fQ~ .pe~ssion ,tQ use-existing ,buil~ng ~s ~~mobi:~e repair-~shgp (and/or ree~tablish,.preexisting use :to ~pe~it~ ;as an ~automobile repair shop), at 73225 Main Road,. Greenpcrt;-~o,~e~ nOrth by Village of Greenport, west by Wardowski, south by Main Roa~, east by Rutkowski; County Tax Map Item No. 1000- 45-3-part of parcel 2. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical difficulties or unnecessary (SEE REVERSE SIDE) (b) The hardship created (is) (is not) unique ahd (would) (would not) be shared by all properties alike in the ipunediat~ .vicinity of. th.i~, property and in th~ same~ use district because (/t'"l "Th~ ~;);O ~'..4:. u'- .T:O'f'TC.%~' .TI variance e~) {does n. pt_)Lilbserve the, spbi~f 3he Or~tilmnce_arui ~(..w_oilld):.u.-gwould not) %--; ehaia~e the claara¢~¢i: of the district because, .. " ~,. ~¢'~ .. . :5 £' ...... ' ' ,'-:o ; <~. :, - . , "', " !. ': O~5' ' "' '' - .... 'ti,-. ' I:-<;C: 'IL; ~.~.~ ~ .~,' ¢¢¢:'. ~5.' .C¢ '.L':: -'-':> "! ,.~: ."5": ".' ' (SEE REV~.RS~. SIDE) CG: lk FORM ZB4 and therefore, it was further determined that the requested variance ( ) be granted ( that the pre~:c-.:~- ~::~:".cn: ,,f *~ R,,ildin~ Inspector ( ) be confirmed ( ) be reversed. RECEIVED AND FILED BY THE SOUTHOLD TOVCN ZONi DATE/0/J/ / ) be denied and ;G BOARD OF APPEALS Appellant by this appeal seeks permission to operate an automobile repair shop at premises located on the north side of State Route 25, Greenport and zoned B-Light Business. The premises in question con- tains an area of approximately 5.1 acres and is improved with a con- crete block building, a one-story frame building, and two small sheds. Thesubject premises fronts along the Main Road approximately 147.43 feet. It is the understanding of the Board that these premises have been recently utilized for lawn-mower and aUtomobile repairs and prior to that solely as an automobile repair shop. The Board agrees with the reasoning of the applicant. · In considering this appeal, the Board finds that the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; that the use will not pre- vent the orderly and reasonable use of permitted or legally estab- lished uses in the district wherein this 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 wil~ not be adversely affected by this proposed use and its location; and that the use will be in harmony with and promote the general purposes and intent of the code. On motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that a variance t0 the zoning ordinance as applied for in Appeal No. 2873, application of ~onny Brown, be granted to operate an automobile repair shop, SUBJECT TO THE FOLLOWING CONDITIONS: (1) That applicant or his successor shall conform with the following prior to the operation of this business: (a) No major repair work is to be done out in the open; (b) No automobiles or automobile parts, dismantled or damaged vehicles and similar articles shall be stored out in the open.. A. tl vehicles-to be~serviced must be stored in the side or rear yard area and be properly screened (fenced). This storage area may.not be forward, o{.-the front corner of this concrete building. There shall be no more than five vehicles in this screened storage area at one time. (c) Parking areas shall be laid out as to avoid the necessity of any vehicle backing Out across any public right-of-way and shall be located not less than ten feet from any property line. (d) Vehicle lifts or pits, diSmantled vehicles, other than such minor servicing such as changing tires, shall be conducted within the building. (e) No sales of gasoline, fuel or flammable oils are permitted. (f) No motor vehicle sales are permitted. (2) In the event it is found that the subject premises are being used in a manner other than that permitted by this appeal, or are in violation of these conditions or of the zoning ordinance, the Board of Appeals may automatically terminate the relief granted hereunder; and the subject premises would return to its. ori'gih~l~lawful uses. (3).-That this matter be referred-to, the Suffolk County Planning Commission pursuant to Section 1323, et seq. of the Suffolk County Charter , ~ Location of Property: North Side of State Route 25 (Main Road), Greenport, NY; County Tax Map Parcel Item No. 1000-45-3-part of parcel 2-.' Vote of the Board: Sawicki and Grigonis. Ayes: Messrs. Doyen, DouglasS, G , . LEGAL NOTICE OF HEARINGS 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 To,~n Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thursday, September 3, 1981 commencing at 7:15 p.m., as follows: 7:15 p.m Application of Michael A. LoGrande, 63 Pinedale Road, Hauppauge, I~f 11788 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for an insufficient frontyard setback for new dwelling at the east side of Stillwater Avenue. Cutchogue, ~f; bounded north by Madzelan, west by Chituk, south by Stillwater Avenue, east by Barlotta; County Tax Map Item No. 1000,136-2-4. 7:25 p.m. Application of Richard Posselt, 23 Fairmont Street, Huntington, ~ 11743, for a Variance to the Zoning Ordinance, Art. III, Sec 100-31 for approval of an insufficient rearyard setback for new dwelling at 3145 Ole Jule Lane, Mattituck, NY; bounded north by Allsopp, west by OleJule Lane. ~outh by 01d Jule L~e, east by Battersby; County Tax Map Item No. 1000-122-5-18. 7:30 p.m Application of ~emetrios and J0anne Joannide~,' 60 ~ Central Drive. Mattituck, ~ for a Variance to the Zoning Ordinance, Art. III, Sec 100-31 for permission to construct deck/addition to dwelling with an insufficient frontyard setback at 60 Central Drive (a/k/a 3905 Breakwater Road) Mattituck, Y~; b~unded north by Nolan, west by Tsounis? south by Central Drive, east by Luthers Road; County Tax Map Item No. 1000-106-3-17; (further known as Cpt. Kidd Estates Map No. 1672, Subd. Lot No. 114). 7:40 p.m. A~plication of Harry P. Fagan, Jr. and wife, 400 Betts Street, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec.~lO0-31 for permission to construct addition with an insufficient rearyard setback at 400 Betts Street, Cutchogue, NY; bOunded north by Dunn, west by Betts Street, south by Williams, east by Weiss; County Tax Map Item No. 1000-110-6-9. Page 2 Legal Notice of Hearings - Board of Appeals Regular Meeting 9/3/81 7:50 p.m Application o~ Th___oma~s and.Phyllis Maus, 6 Michele Ter- race, Massapequa Park, h~ 11762, for a Variance for Approval of Access, New York Town Law Sec. 280-a. Location of Property: 480 Oakwood Drive, (a~k~a 505 Lake Side Drive North), Southold, NY; bounded north by W~d ~ Drive, west by Clear View Road, south by Lakeside Drive, east b~= Haskins; County Tax Map Item No. '1000-90-&-3, (further known as ~edar Beach Park Map No. 90, Subd. Lot No. 67). ~ 7:55 p.m. Application of James Genovese, 620 Lake Drive, Southold, kW for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct deck/addition to dwelling known as 620 Lake Drive, Southold, hr~; bounded north, west, south by Dechiaro, east by Lake Drive; County Tax Map Item No. 1000-59-1-22. 8:05 p.m. Application of Jon C.-Kerbs, 510 Main Street, Greenport, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area and width of parcels-in a proposed sub division, and for permission to relocate building with insufficient yard setbacks, with yard determination on propose~ lot adjoining Stillwater Avenue. Location of Property: Pequash Avenue, Cutchogue, NY; bounded north and wcst by Fleet, south by Fleet Neck Road, east by Jezek; County Tax Map Items No. 1000-137-2-8, 18. 19. 8:20 p.m. Application of Mary Ray, 375 Factory Avenue, Mattituck, NY for a Variance to the Zoning Ordinance, Art. III, Sec. lO0-31 and 100-36 for permission to construct carport/addition with insufficient sideyard and rearyard setbacks at 375 Factory Ave., Mattituck; bounded north by Francis, west by Bergen, south, by Mills, east by Factory Avenue; County TaxMap Item No. 1000-122-6-6. 8:30 p.m. Application of Gladys G. BayleM, c/o Flower Hill Build- ing Corp. as agent, CUtchog~e, NY for a Variance to the Zoning Ordinance, Art. III, Sec. lO0-30A for permission to construct addition ~d convert building with guest room to dwelling use. Location of Property: Smith Road (private) at Nassau Point, Cutchogue, h~; bounded north by Ahrens, Smith Road and Cook, west, south and east by the Bay; County Tax Map Item No. lO00-119-1-14, (further known as Nassau Point Subdivision Map No~ 156, Lot A). Page 3 Legal Notice of Hearings - Board of ~ppeals Regular Meeting 9/3/81 8:50 p.m. Application of Donald J. Finnerty, 1530 Fleetwood Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-32 for permission to construct addition to accessory build- ing in the frontyard area, located at 1530 Fleetwood Road and Betts Street, Cutchogue; bounded north by Hansen, west by Betts Street, south by Samios, east by Fleetwood Road; County Tax Map Item No. 1000-137-5-11 & 12. 9:05 p.m. Application of William and Ann Zoldessy, 1560 Pelham Parkway, Bronx, NY 10461, for a Variance t© the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area and width of two proposed parcels, located at the south side of Bergen Avenue, Mattituck; bounded north by Bergen Avenue, west by Vallely, south by Lindsay, east by Russell; County Tax Map Item No. 1000-113-7-4.1. /-'-~9:15 p.m. Application of Sonny Brown, Box 473, Madison Avenue, Greenport, NY for a Variance to the Zoning Ordinance, Art. XI, Sec. 100-118D for permission to use existing building as'an..automobile repair shop (and/or reestablish preexisting use to permit use as an automobile repair shop), at 73225 Main Road (S.R.i 25), Greenport;' bounded north by Village of Greenport, west by W-ardowski, south-by ~ Main Road, east by Rutkoski; County Tax Map Item No. 1000-45-3- rt of 2. ~y G. and Helen M. Nowachek, 'ue, NY (by Richard F. Lark, Esq.) ~e: (a) to construct ~ufficient frontyard setback 31; or (b) determining this the existing structure under : Corner of Pequash Avenue and rth by Fleetwood Road, west by ast by Schroder; Ravatone Realty Corp. Subd. Map No. 539, Section I, Lots No. 45 and northerly half of 44; County Tax Map Item No. 1000-110-4-1. Dated: August 21, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN Instructions to newspapers: Please publish once, to wit, Thursday, Aufust 27, 1981 and forward 12 affidavits of publication to: L. Kowalski, Board of Appeals, Town Hall, Southold, NY 11971, on or before September 2, 1981. page 4 - Legal Notice of Hearings Board of Appeals 9/3/81 Meeting Copies mailed on 8/21/81 to: Mr. Michael A. LoGrande~ Mr. Richard Posselt Mr. and Mrs. Demetrios joannides Mr. and Mrs. Harry P. Fagan, Jr. Mr. and Mrs. Thomas Maus Mr. James Genovese Mr. Jon C. Kerbs Ms. Mar7 Ray William Wickham, Esq. as attorney for Mary Ray Ms. Gladys G. Bayley, ¢/o Flower Hill Building Corp. Mr. Donald J. Finnerty Mr. and Mrs. William Zoldessy Richard F. Lark, Esq., attorney for Anthony G. Nowachek Mr. Sonny Brown ~ ~ · Mr. and Mrs. Anthony G. NoWachek Posted on Town Clerk Bulletin Board 8/21/81 Copies to the following on or about 8/~4/81:~. Supervisor Town Board Members Southold Town Planning Board Secretary Copies in each ZBA file. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OffICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To ...$.. ~..~..:'f .................. .. ?/~....~. ~ ?! ..................... ·..r,..~. ::~. ~...~.~ ~...~.~ ,~.e.~...~.~. PLEASE TAKE NOTICE that your application dated .............. :]..l:,]~.y .... (..3, 19 ~. I.. for permit to V~~-.C".~.'.~.T'5 ~...~.o.,.~. ?.,?! .S.. ?.op....~.. i .~..'.~.,-:.~..6. ?. p..*.q ....... at Location of Property '7.3 2Z 5 l"~ht~t ROt--) I.~ ~"~K~At i~l>K.'=i it3~ ~iK ....................... 'S'ti~i ...................... h~i,t · County Tax Map No. 1000 Section ..... ~...~. .... Block ...... ~ ...... Lot .'~'../a~?....Off..~_.. Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds...~u_~....~..O.~.. :-.. :~....~....~... (. ~?'.....~?....~...~k .~. ,..~'.~. ~..,:..~... ...... ~v..~... ~.....~.~~..../.~...~g. .... ~e..:. ~.....~.~...~.....z.?....- . ..a.?r.... _~ ....... ~..o9..-.,.l.~... ~ .............................................. RV 1/80 Building Inspector TOWN OF Sou'rHOLD, NLrW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellont Street and Number d ............/~'~ '4 ..................................................................... ' Municipality '~":)J~'~ ......  , .... HEREBY APPEAL TO THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..~....~/..~r~. ..... ./,.~....../.~.~../. ................ WHEREBY THE BUILDING INSPECTOR DENIED TO ...~.: .... .2..cc~..~ .......................................... Name of Applicant for permit ,.P...¢...~.~.~. ..... y.2~ ............... ..6..'m~.~ ....................... ~; .............. / Street and Number Municipality (1/1' PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) .7....~..~.~ .......... ~.o~:... .... ~..u...~,~..'.~c_...~....P..~....: ...... 1. LOCATION OF THE PROPERTY -- Street ...... 0]e"l~is~rict on Zoning t~ap ./.~ ~. ~......-.... ~..-;....-......s. ...... .-....,P...o..~...~.~...~. Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for ( ~ A VARIANCE to the Zoning Ordinance or Zoning 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 APPEAL A previous appeal (1~) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~ A Variance to the Zoning Ordinance ( ) is requested for the reason that b4J-~/ C4J ,',S ~ Form (Continue on other side) REASON FOR APPEAL O STRICT APPLICATION son/HARDSHIP because OF THE ORDINANCE would produce practical difficulties or unneces- 2. The hardship created is UNIQUE and is not shared vicinity of this property and in this use district because by all properties alike in the immediate CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK ) ) ss COUNTY OF ) Sworn to this ......... ' ..... Z~;. ...... day %'O?AKY PUILI¢, Stile al New Terk Town. of Southold Board of Appeals DEPARTMENT OF PLANNING (516) 360-5513 L~"£ £. KOPPELMAN DIRECTOR OF PLANNING October 9, 1981 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 Comm~ssioB 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 Agnes Dunn Joseph & Sara Woolston Donald Scott Peter & Helen Puric David Strong Perrie Pascucci Robert Ketcham Wilhelm Franken Herbert Hoffman Susan Trentalange Keith & Arden ScOtt McCamy Charles Bocklet Peconic Corporation Frank Battel Colonial Corners, Inc. Phebe Bridge Estate Peconic Bay Gardens Inc. Warren Sambach Margaret McGowan Kenneth & Judy McFall Gladys Bayles John Lee Sonny Brown~/ ~,nlcipal File N,,mher 2803 2814 2819 2821 2822 2823 2824 2825 2826 2829 2830 283'4 2835 2837 2839 2843 2845 2849 285'2 2853 2864 2865 2873 Very truly yours, GGN:]k Lee E. Koppelman Director of Planning Gerald G. NeWman Chief Planner VETERANS MEMORIAl HIGHWAY HAUPPAUGE, L.I..NEW YORK · .'11788 SoUthold Town Board o£Appeals MAIN RIDAD- BTATE RDAD 25 BDUTHEILD, 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 S0uthold, New York, hereby refers the following to the Suffolk County Planning Commission: ~_~__ Variance from the Zoning Code, Article XI , Section 100-Jl8D Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 2873 Applicant: Sonny Brown Location of Affected Land: 73225 Main Road~ Greenport, NY County Tax Map Item No.: 1000- 45-3-part of parcel 2. Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) XX State or County Road, Parkway, Highway, Thruway State Road 25 __~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. COMMENTS: Applicant is requesting permission to use exisT, in§ building as an 'automobJ. le repair shop (and/or reestablish _~reexisti~g use to permit use as an eutomobi!e repair shop). Public hearin~ h~ld q/~/~l. Copies of To~ file and related doc~ents enclosed herewith for your review. Dated: ~ ~' ¢~~ Secreta~, Board of Appeal~ Q APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SI,1'lUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 October 2, 1981 Dear Sir: Attached herewith is a copy of the formal findings and determination of the Board of Appeals recently rendered and filed with the office of the Town Clerk concerning your appeal. In the event your appeal was approved, please be sure to return to the Building Department for approval of any new construction or certificate of occupancy or use of the premises, as may be applicable in your case. If you have any questions, please do not hesitate to call either our office or that of the Building Inspector at 765-1802. Yours very truly, lk Enclosure CHARLES GRIGONIS, JR. CHAIRMAN By Secreta ~y~ The Board finds that the use will not prevent the orderly and reasonable use of adjacent properties or of properties 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 this 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 thisi.proposed use .and its location; and that the use will be in harmony with and promote the general purposes and intent of this chapter. On motion by Mr.~d~ , seconded bY Mr. /~ it is that ~ ~ RESOLVED, be granted a variance to the zoning ordinance, permitting the operation of an automobile repair shop, SUBJECT TO THE FOLLOW- ING CONDITIONS: (1) That applicant or his .successor shall conform with the following prior to the operation of this. business: (a) No major'repair work is"to be done out in the open; (b) No automobiles or automobile parts, dismantled or damaged vehicles and similar articles shall be stored out in the open. All vehicles to be serviced must be stored in the side or rear yard area and be properly screened (fenced). This storage area may not be forward of the front corner of this .concrete building. There shall be no more than ~-- vehicles in this screened storage area at one time. (c) Parking areas shall be laid out as to avoid the necessity of any vehicle backing out across any public right-of-way and shall be located not less. than 10 feet from any property line. ~ .~ ~ ~- (d) Vehicle-lifts or pits,...disma~tled vehicles, other thah such minor servicing such as change of tires shall be conducted within the building. No sales of gasoline, fuel or flammable oils (e) are permitted. -- (f) No motor vehicle sales are permitted. (2) In the event it is found that the subject premises are being used in..a manner other than that permitted by this appeal, ~ in violation of these conditions Or of the zoning ordinance, the Board of Appeals may automatically terminate the relief granted hereunder; and the subject premises would return to its original lawful uses. (3) That this matter be referred to the Suffolk County Planning Commission pursUant to the rules and regulations of the Suffolk County Charter. COUNTY OF SUFFOLK STATE OF NEW YORK ss: Potricia 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 ........ ..~...~.. ..................... LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY ~,IVUN nursuant t Ordinance, Art. c~i 100-31 for approval of an insufficient rearyard setback for new dwelling at 3145 Ole Jule Lane, Mattituck, NY; bounded north by Alisopp, west by Old Jule Lane, soUth by Old Jule Lane, east by Battersby; County Tax Map Item No. 1000-122:~-18~ 7:30 p.m. Application of Demetrios and Joanne Joan- hides,. 60 Central Drive, Mattituck, NY for a Variance' to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct deck/addition to dwelling with an insufficient frontyard setback at 60 Central Drive (a/k/a 3905 Breakwater Road) Mattituck, NY; l~ounded north by Nolan, west by T:-unis, south by Central Drive, east by Luthers Road; Courity Tax Map Item No. 1000-106-3-17; (further known as Cpt. Kidd l~states Map No. 1672, Subd. Lot No. 114). 7:40 p.m. Application of Harry P. Fagan, Jr. and wife, 400 Betts Street, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. IH, Sec. 100-31 for permission to construct addition with an insufficient rearyard setback at 400 Betts ';Street, 'Cut- chogue, NY; bounded north by Dunn, west by Betts Street,, south by Williams, east by Weiss; County Tax Map Item by Fleet, south by Fleet Neck Road, east by Jezek; County Tax Map Items No. 100-137-2- 8, 18, 19. 8:20 p.m. Application of Mary Ray, 375 Factory Ave- hue, Mattituck, NY for a Variance to the Zoning Ordi. nance, Art. III, Sec. 100.31-"- and 100-36 for a permission to construct carport/addition I with insufficient sideyard and rearyard setbacks at 375 Factory Ave., Mattituck; bounded north by Francis, west by Bergen, south by Mills, east by Factory Avenue; County Tax Map Item No. 1000-122.-6-6. 8:30 p.m. Application of Gladys G. Bayles, c/o Flower Sworn to before me this .......... ~ .................... day of ...~.--'~.... ............ , 19...'.~.k,,. Hill Building Corp. as agent, Cutchogue, NY by Richard F. 'Lark, Esq., for a Variance to the Zoning Ordinance, Art. III, I~I00-30A for permission to Pelham- Parkway, NY 10461, for a Variance to the Zoning Ordinance, Art. III, Sec 100-31 for approval of insufficient area and width of two proposed parcels, located at the south side of Bergen Avenue, Mattituck; bounded ,north by Bergen Avenue, west by Vallely, south by Lindsay, east by Rassell; County Tax Map Item No. 1000-113-7-4.1. 9:15 p.m. Application of Sonny Brown. BOX 47~, Madi- _son Avenue. Greennort. .for a Variance to the Zoning Ordinance~ Art. XIt Sec. _100-118D for permission to use ~xistinR building as an auto-- mobile repair shop (and/6? zeestablish preexisting use td . _permit use as an automobile- r~epair shop), at 73225 Main ~Road (S.R. 25)t Greenpgrt;~ b~ounded north by Village of- -Greenoort, west by WarOoW-- ct-i. ~a-th bv Main Road, ea~ by Rutkoski; County Tax Ma~- /tern No. 1000-45-3-part of 27 9:30 p.m. Application of- Anthony G. and Helen M. Nowachek, P.O. Box 355, Pequash Avenue, Cutchogue, NY for a Variance to the Zoning Ordinance: (a) to construct deck/addition to dwdlli~g with an insufficient frontyard setback pursuant to Article III, Section 100-31; or (b) determining this improve- ment not to be an addition to the existing structure under the ~ordinances. Location of Property: Corner of Pequash Avenue and Fleetwood Road, Cutchogue; bounded north by Fleetwood ROad, west by Pequash Avenue, south by Goldsmith, east by Schroder; Ravatone Realty Corp. Subd. Map No. 539, Section I,~ Lots No. 45 and northerly half of 44; County Tax Map Item No. 1000-110-4-1. Dated: August 21, 1981 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN 1T-8/27/81(103  attit~ck~ NY: bounded north y A~ west by Ole J~ie Lane;, sou[h~bY Ole Ju'le Lane, oosf by BattersOy; county Ta,x. MaP 'Item No. 1000-122-5- 18. .~. ~ .~ ~..- . . 7:30 p.m..Apphcahon, of Demetrios'm~d Joanne Joan- parcels, in a proposed sub division; and for permission to relocate building with insuffic- ient yard setbacks, with yard determination on proposed lot adjoining Stillwater Avenue. Location of Property: Pc. quash Avenue, Cutchogue, nides, 60 Central Driv~,:.Matti- NY; bounded north and west ' tuck,~ NY foFa va~ to the by Fleet, south by Fleet Neck _Zoning. O '_tM~mn~e, ! Art;". III~ ~ -- . ROad, east by Jezek; County '~'C.. 100~31 .'~ ~saion to: . . Tax Map Items No. 1000-137-2- construct 'i cb~ck/aclditton ... to' /' ,/8, 18, 19. dw6Hing With an ~Cient - 8:20'p.m. APplication of frontyard setba~..k ~t 60 Ce~.-' -' Mary Ray, 375 Factory Ave- tral Drive ('a/k/a3~05 Break: ' nue, Mattituck, NY for a Var- water Rood) Matfituck, NY; .. iancetothe Zoning Ordinance, bounded north by N~an,-west Art. III, Sec. 100-31 and 100-36 by Tsounis; south:by- _{7~n] tral Drive, east -by .Luth~ril ~R0ad; County Tax Map Ite/~ No, 1000-106-3.17 ;.."( fuiiher known as Cpt. Kidd. Estates Map No. i~or .permission to construct carport/addition with insuffic- . ien/ $ideyard and rearyard 'setbacks at 375 Factory Ave., Mattituck; bounded north by 1672, Subd. Lot'No. 114}~ Francis, west by Bergen, 7:40 p.m. APplicat~.n of -~ is, ooth by Mills, east by Fac- Harry P. Fagan, ~Ir. ~at~d wife; . i-.tory Avenue; County Tax Map 400 Betts Street,-OUtchogue, ~. ' ,Item No. 1000-122-6-6 NY for a VarianCe. ~,;. the '~ i' 8~30 p.m. Application .of Zoning Ordinance, 'Art.[. i~I, 'Gi~lys G. Bayles, c/o Flower Sec. 100-31 for .p~.}rai~on tb . ". Hiil Building Corp. as agent, construct add/tidi!./Wi'th ..an -~. · Cutchogue, NY, (Richard F. insufficient reary~pd'Setbad~: ~.': . Lark, Esq.) for a Variance to at 400 Betts Street~Cu~? ;. the Zoning Ordinance, Art. NY; bounded,.n0~ bSD~nn, III, Sec. 100-30A for petrols- west by Betts StreeL ~'by sion to construct addition and Williams, east b~.~W~isg; convert building with guest County Tax Map ~No~ room to dwelling use Location 1000-110-6-9. 7:50 p.m. Application of Thomas and Phyllis Maus, 6 Michele Terrace, Massapequa Park, NY 11762, for a Variance for Approval of Access, New York Town Law Sec. 280-a. Location of Property: 480 Oak- wood Drive, (a/k/a 505 Lake Side Drive North), Southold, NY; bounded north by Wood' Drive, west by Clear View Rood, south by Lakeside Drive, east by Haskins; Coun- ty Tax Map Item No. 1000-90- 4-3, (further known as Cedar Beach Park Map No. 90, Subd. Lot No. 67). 7:55 p.m. Application of James 'Genovese, 620 Lake Drive, Southold, NY for a · Variance to the Zoning Ordin- ance, Art. III, Sec. 106-31 for permission to construct deck/ addition to dwelling known as 620 Lake Drive, Southold, NY; bounded north, west, south by Dechiaro, east by Lake Drive; County T~x Map Item No. 1000-59-1r22. 8:05 p.m. Application of Jon C. Kerbs, 510 Main Street, of Property: Smith Rood (pri- vate) at Nassau Point, Cut- chogue, NY; bounded north by Ahrens, Smith Rood and Cook, west, south and east by the Bay; County Tax Map Item No. !000-119-1-14, (further known as Nassau Point Subdi- vision Map No. 156, Lot A). 8:56 p.m. Application of Donald J. Finnerty, 1530 Fleet- wood Rood, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-32 for permission to construct addition to accessory building in the frontyard area, located at 1530 Fleetwood Rood and Betts Street, Cutch&gue; bounded north, by Hansen, west by Betts Street, south by Samios, east by Fleetwood Rood; County Tax Map Item No. I000-137-5-11 & 12. 9:05 p.m. Application of William- and Ann Zoldessy, 1560 Pelham Parkway, Bronx, NY 10461, for a Variance to the Zoning.. Ordinance, Art. III. Sec. 100-31 for approval of insufficient area a~d width of two proposed parcels, located Greenport, NY for a Variance at the south side of Bergen to the Zoning Ordinance, Art. Avenue, Mattituck; bounded III, Sec. 100-31 for approval of , north by Bergen Avenue, west insufficient area and width.of by Vallely, south by Lindsay, east by Russell; County Tax Map Item No. 1000-113-7-4.1. ~15 p.m. Aoniication , of ~onnv Rr~wn_ Box q'lal Ma(ll,- ~son Avenue, Greenport, lor a Varian~ ~ rf~e nad for ~rmi~i~ to exmtmE ~i!' mn~' an an ~oDile rpnnir short ~mit ~ as an au~Smo~e r~pir snoph at '~o~o na~ north oy w~m~e ~-~n~rt, .w~t by f~i, aoum by gain'~o, ~ ium~ti; County ~ ax ~ap Anthony G. and Helen M. Nowaehek, P.O. Box ~5, P~ quash Avenue, Outehegue, for a Variance to ~e Zoni~ Ordinance: (a) to coat,et deck/addition to dwelling with , an imuffieient frontyard set- back pursuant :to Article III, S~tion 1~31; or (b) determ* ining this improvement not to be an addition to the existing struet=e under ~e ordin- ance. L~ation of Proprty: Corner of P~uash Avenue and rl~tw~ R~d, Cut- ehogue; bound~ nor~ by rl~tw~ R~d, w~t by P~- q=sh Avenue, sou~ by ~ld- smith, east by Sehr~er; ~v- atone Realty Corp. Su~. ~ap No. ~9, S~tion I, ~ No. 45~ and northerly half of a; Coun- ty Tax Map Item No. 1~11} ~1. Dat~: Aught 21, 1~1. BY O~ER Or THE SOUTHO~ TOWN BOA~ Or ~PEA~ CHARLES GRI~NIS, JR., O~IR~N IT~*~ duly Sworn. 'ie SUFFOLK uport, in said t is ~ printed ~eekly Times ...... weeks Southold 'TOwn Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHOLD, L.I., N.Y. 119'7] TELEPHONE (516) 765-1809 APPEALS BOARD' MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. NOTICE OF DECLARATION ROBERT J. DOUGLASS PURSUANT TO GERARD P. GOEHRINGER Joseph H. Sawicki N.Y.S. ENVIRONMENTAL QUALITY REVIEW ACT Appeal No. 2873. Application of: Sonny Brown Location of Property in Question: 73225 Main Road (S.R. 25), Greenport, NY. County Tax Map Item No. 1000- 45-3-part, ~of parcel 2. Project Proposed by Appeal Application: To use existing building as an automobile repair shop land/or reestablish preexisting use to permit use as an automobile repair shop). ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed herein is hereby classified as a Type II Action not having a significant adverse effect upon the environment for the following reason(s): An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. The project proposed does not appear to be located within 300 feet of tidal wetlands area. This declaration should not be considered a. determination made for any other department or agency which may also be. involved, nor for any other project not covered by the subject appeal appli- cation. Dated: August 21, 1981. Copies to: Applicant(s) Town Clerk Bulletin Board [Original in ZBA file] B~ ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 August 19, 1981 TELEPHONE (516) 765-1801 To: Southold Town Board of Appeals From· Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 2873, application Of Sonny Brown for a variance. Also included is: Notice to Adjacent Property Owners: Village of Greenport, Stacia Mary Rutkoski, Mary Twardowski, Short Environmental Assessment Form, Letter relative to N.Y.S. Tidal Wetlands Land-Use, Notice of Disapproval from the Building Department, and Surveys of the Property. i'RUCT I ObIS: .-~-T~-~ ordt:r to ans~'ler the questions in this short EAF it ~s assumed the preparer %-~ill use currently available information concerning the project and the li[:cly imp~cis of ~he action. ~ is no~ expected additional studies, research or o~her investigations will be uDder%oken. (b) If any question has been answered Yes ~he project ma~ be 5i~nificon% and o completed ~nvironmen~ol Assessment ~orm is necessary. (c) If all questions hove been answered [qo i% is likely %ha% %his projec~ i5 no~ (d) Ehvironm~ntal Assessmen~ " " 1. %'/i1'1 project resul'~-in a large physical change , '' ~o ~he pro joe% site' or physically al~er more ~h~.]n 10 acres of lanai? ........................ 2. %'1ill ~cre bca major change ¢o any unique or · unusual land fo~m found on ~he si~e? .......... %'1ill projec~ al~er or have a large' ef~ec~ on -- existing body of water? ....................... Yes~ No 4. %'1ill projeci J]ave a polen'tially large impact . .. on groundwater quality? ....................... Ye~~ No flat, on adjacent sites? ..................... ~... Y No 6. %'/ill project a~fecl amy lJlreaicned or endangered plant or animal .species? ............ ~es~ No 7. %'/ill project result in o major adverse on air quality? ............................. .'.. Ye'~ 8. %';ill projecl have o major cf fact on visual character of tile cornmuni'ty or scenic vic%rs or . vis'Los known ia'be imporloni ~o the communily? 'Ye ~s~'~o %'Jill project adversely impact any sile or siruclure of historic, preJlistoric or . ' paleontological importance or any site ' designated as a cri~ic¢]l environmental area by a local agency? ............ ~:...~-;..v....-.~--~..~L Yes~No %Vill project have a major c~fect on exislihg or future recreational opporiunities? ......... Ye~ No %'Jill project result in major lra[fi'c problems o~ cat,~e o major cf f ecl ~o ex,isling transportation sM s'[ cm.% ? ....................... No %'/ill projecl .regularly cause objeclionable odors, noise, glare, vibration, or electrical . disturbance os a result o~ the project's ~ . operotiorl? ......... · ........................... Yes~ No %'Jill 'projccl have an), impact on public health or.safety? .................................... Yes~ No %'Jill p~oject a~fcci ihe existing community bM directl~ causing o growth in permoneni population of more than 5 percent over o one year period or have o major negative effect lO. 11. 12. 13. 14. 15. on the character of the community or neighborhood? .... .............. Yes~ No Is there public controversy concerning the s~ project? ...................................... ~e No d (TOday'. s D~te) To: Re: Southold Town Board of Appeals Main Road / Southo !d, NY 11971 Location of Property: 7~' ~ ~,t~ ~ ~.~? Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Pa~t 661,. and Articlg'.25 of the New York.. State Environmental Conservation La~, please be advised that the subject property in the within appeal application: (please check one box) [ ] [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* May be located within 300 feet of tida! 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. May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. ' Is nO·t 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, (Signat~ please) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of y to the Board of Appeals of the Town of Southold YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ?ROPERTY O~ER 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Spe ~: - : ' - '_ -- ) (the 2. That the property which is the sul~iect o_f the Petition is l~ocated adjac, qnt to your property and is des- cribedasfollows: ~l/f. I/,'/1¢~,~ ~ ~' ~O~f~ ,~C)~ ~- ,J~ , ~ ~; g,~ - 3. That th~roperty 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: $. That the provisions of the Southold Town Zoning Co. de applicable to the relief sought by the under- signed are Article ..~Li/r r ~~ /0 ~ -- ff~ ~l ) , _ 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 matterby 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: ~'"-- /a6''- ~/ ! Petitioner Dst Office Address PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS P34 6283811 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDE _ NOT FOR INTERNATIONAL MAIL D P34 6283809 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL SENT TO (See Reverse) ADDRESS P34 6283810 RE~CEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) 9 ~/ , deponent mailed a ~rue copy of the Notice set forth o,n the re- the above-named pe~ons at the address~ set opposite thor respective e the nam~ of said persons are the addr~ses of said Persons as shown on ~wn o~ Southold; that said Notic~ were mailed at the United States Post ,,~m'-~ '-~ r ; that said Notices were mailed to each of said persons by Sworn to,b~fore me this /~_ _ - dayo/ ~¢ ~ ,19ac}/ // No~ Public ,tv,, ,. ,ous~ NOTARY PUBLIC, Sla~e of New Yo~ NO. 4674306 · Suffelk Count,/ COlliSiOn Southold Town Board of Appeals Main Rd. Southold, NY 11971 Gentlemem: Please be advised that the follewing matter is listed ~ by the office that I ara connected: gPg Very tr~ . ~Goe~Inge~ Member of Sou%hold ~BA After investigation and inspection, the Board finds that the applicants are requesting a Special Exception as lessees with an option to purchase the subject parcel, which has become merged with its northerly adjoining property, because of same ownership. The application for a Special Exception is within reason. The Board'agree,~.with th~"~asoning:of the applicants. 'The Board ~inds that stridt application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Douglass, seconded by Mr. Grigonis, ~t was RESOLVED, that REICH Front Street, Greenport, New York 11944, (William H. Price, Jr., · Esq. as agent)', as Lessees be GRANTED a Special Exception to the Zoning Ordinance, Article IX, Sections 100-90 and 100-91,' for permission to .operate an automotive repair shop, SUBJECT to the following CONDITIONS: (a) .That the apPlicants 'conform with the .rules. and':~'egula- tions of the Southold Town Board of Appeals including:.. ~.~t'.'. " '- (1)' No maj,or repair work to be done in the open; (2) No automobiles or automobile parts, dismantled 6r damaged vehicles and similar- articles shall be stored in the open; and 'no~parking 'of vehicles other than-those~ being serviced (b). That. the apPlicants-conform with the Southold Town .-- Building. Code, including but' not limited to, Article VII, Sec- /~. (c)/ Th~at when a c,o~yance is a~i~ipated/of\this parcel .~ ~_ate~ from ~e n~rtherly~dj_~ining ~ar.c_~, approval /is required/from\ the' ~..a.r.d. / as re~est~.in ~e w~thin a~plica~ion an~f~m othe~ 'depart-i ~ /ments ~s 'i~ deeme~.c, es'sary; ~ ~' '. .... ' ".' .'-. ~'. ~3:1~"" That when 'a'~"C°n~nce is ~t~clpated of th~arc~l . '. t.o' Se~a_ra~e 'sa~rom th~ n~r%herly~d~oinin~p~rcel,/.ap~rov~ ~~-fr~m t_.~e..S0u/thold '~Town ~lan~ing ~oa~d an~ the~ .... Board-of A~e~s f~' it~ 'subdivi~si~n ana'.o-t~er Dkoc~dures\a~ \ .['.'/. may bec°me'n~e~essar~ '. ' . ....~ . ;.~ ' '. Location of property: Rocky 'Point Road, East 'Marion,-New York; bounded north by Edwards, east by Estate of Nowell, south by Muir, west by. Rocky Point Road. · Vote of t~e Board: Ayes: Messrs. Douglass, Grigon~s', Tuthill and Doyen. · 5. I A(,c) 15.4 A(c)