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Home My WebLink About2892 TOWN OF SOUTHOLD, NEW YORK DATE .12Y..iZ~i Appeal No. 2892 by ACTION OF THE ZONinG BOARD OF APPEALS application Dated September 16, 1981 ACTION OF T~rEZONING BOARD OF APPEALS OF THE TOWN OFSOUTHOLD To Mr. and Mrs. Peter Lenz 38350 Main Road Peconic, NY 11958 Appel/ant at a meeting of the Zoning Board of Appeals on October 15 ~ 1981 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 Of ) Request for a variance to the Zoning Ordinance Art. IIIt Sec. ( ) the appeal 100-35A 1. S~Ix~g~x~x-~:~gs~g~Xli~eX~KX~a~t~IX:~g::~aX~Xg~[~~ ( ) be ~a~ed ( ) be den~d pursuant to ~t~e .................... Section .................... Subsection .................... para~aph .................... of the Zoning O~inance and the decision ~ the Building Iurpector ( ) be reversed ( ) be co~ir~e Public Hearing 10/15/81: Application of Peter and Pat Lenz, Main Road, Peconic, NY for a Variance to the Zoning Ordinance Ar-~cle III, Section 100-35A for permission to construct gate and fence exceeding maximum height limitations at 38350 Main Road, Peconic, bounded northwest by L.I.R.R.; southwest by Otto Keil Florists; northeast by Cichanowicz; southeast by S.R. 25. County Tax Map Parcel Item No. 1000-85-2-17. (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 (SEE REVERSE SIDE) practical difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not~ (SEE REVERSE SIDE) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. CG: lk FORM ZB4 ZONING BOARD OF APPEALS By this appeal, appellants seek permission to erect an entrance gate with fence approximately 18 feet from the Main Road and with a height of approximately 18 feet. The premises in question contains an area of approximately 27 acres with 382.35 feet fronting the Main Road. It is the consensus of the Board that the structure as proposed and shown on the plans submitted with the appeal application will enhance the entire area. In considering this appeal, the Board determines that the variance request is not substantial; that the circumstances herein are unique and the practical difficulties have been shown; that by allowing the variance no substantial detriment to adjoin- ing properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increase¢ population; that the relief requested will be in harmony with and promote the general purposes of the zoning code; and that the interests of justice will be served by allowing the variance. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the relief applied for in Appeal No. 2892, application of Peter and Patricia Lenz be granted, SUBJECT TO REFERRAL TO THE SUFFOLK COUNTY PLANNING COMMISSION PURSUANT TO SECTIONS 1323, ET SEQ. OF THE SUFFOLK COUNTY CHARTER. Location of Property: 38350 Main Road, Peconic, NY; County Tax Map No. 1000-85-2-17. Vote of the Board: Ayes: ringer, Sawicki and Grigonis. adopted. Messrs. Doyen, Douglass, Goeh- This resolution was unanimously APPROVED RECEIVED AND FILED BY ~own C!e~k, Town o~ 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 the Southold Town Hall, Main Road, Southold, NY on Thursday, October 15, 1981 commencing at 7:15 o'clock p.m. as follows: 7:15 p.m. Application of Carl H. Kin~, 350 King Street, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in the frontyard area at 350 King Street, Orient; bounded north by Navy Street; west by Shaw and Nolan; south by King Street; east by Tyrrell; County Tax Map Parcel Item No. 1000-26-1-27. 7:20 p.m. Application of Pequash Recreation Club, Inc., Box 902, West Road, Cutchogue, NY (by Richard F. Lark, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-35 for permission to construct fence along frontyard area exceeding the maximum height requirements for fences. Location of Property: 205 West Road, Cutchogue; bounded northwest by Morris; southwest by Cutchogue Harbor; northeast by West Road; southeast by Cutchogue- New Suffolk Park District; County Tax Map Parcel Item No. 1000- 110-7-12. 7:30 p.m. Application of Virginia L. Wickham, 105 Old Harbor Road, New Suffolk, NY for a Variance for approval of access, New York Town Law Section 280A. Location of Property: 105 Old Harbor Road, New Suffolk; bounded north by Wickham; east by Cutchogue Harbor; south by Wickham; west by H. Wickham; County Tax Map Parcel Item No. 1000-117-3-1. 7:40 p.m. Application of Toba Laja Orro, 187 Berry Hill Road, Syosset, NY 11791, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to build new house with insufficient front and rear yard area at 435 Cleaves Point Road (a/k/a 1945 East Gillette Drive), Eas~ Marion, NY; Marion Manor Subdivision, Filed Map No. 2038, Lot No. 83; further Legal Notice - Page 2 Regular Meeting for October 15, 1981 identified as County Tax Map Parcel Item No. 1000-38-4-27. 7:50 p.m. Application of Toba Laja Orro, 187 Berry Hill Road, Syosset, NY for a Variance to the Flood Damage Prevention Law of the Town of Southold, Section 46-18 for permission to construct basement floor below the minimum base flood elevation requirements at 435 Cleaves Point Road, East Marion, NY; Marion Manor Subdivision, Filed Map No. tified as County Tax Map Parcel Rehearing. 2038, Lot No. 83; further iden- Item No. 1000-38-4-27. 7:55 p.m. /Application of Robert T. Bayley, 55 West 16th Street, New York, NY 10011 Robert W. Gillispie III as agent), for a Variance for approval of access, New York Town Law Section 280A. Location of Property: Right-of-Way off the east side of South Harbor Road, Southold, NY; bounded north by Stewart and Freund; west by Paul; .south by the bay; east by Ballenger; County Tax Map Parcel Item No. 1000-87-1-21. 8:10 p.m. Application of Nina S. Fischer, Indian Neck Lane, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to existing dwelling with an insufficient sideyard setback at 7130 Indian Neck Lane, Peconic; bounded northwest by Cukor; southwest by Hog Neck Bay; northeast and southeast by Prellwitz. County Tax Map Parcel Item No. 1000-86-7-8. 8:20 p.m. Application of Lenore Adamson, 55 Ships Drive, Southold, NY (by Thomas F. Day, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area for division of premises located at North Bayview Road and Ships Drive, Southold, NY; bounded north by North Bayview Road; west by Ships Drive; south by Mullen; east by Reese. County Tax Map Parcel Item No. 1000-79-3-9 & 10. 8:35 p.m. Application of Joseph L. Lizewski, Main Road, Cutchogue, NY (by William H. Price, Jr., Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-30 for permis- sion to construct prQ~essional office building 1]~ an A-Residential Legal Notice - Pag~ .~egular Meeting fol~gctober 15, Southold Town Board of Appeals 1981 and Agricultural Zone with existing dwelling use at 29325 Main Road (a/k/a 320 Depot Lane), Cutchogue; bounded northwest by Fogarty; southwest by Depot Lane; northeast by Dunne; southeast by Main Road. County Tax Map Parcels No. 1000-102-2-12.1 and 11. 8:50 p.m. Application of Dominick and Rose DeMaio, by William J. Jacobs as agent, c/o Box 199B, Depot Lane, Cutchogue, 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 areas at Cedar Point Drive West, Southold, NY; bounded north by Cedar Point West; west by Giordano; south by West Lake; east by Soverel; County Tax Map Parcel No. 1000- 90-1-4. 9:00 p.m. Application of Nicholas D. Yuelys, 56005 County Road 48, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building (garage) in the frontyard area at 56005 County Road 48, Greenport, NY; bounded north by L.I. Sound; west by Chudan; south by C.R. 48; east by Atway. County Tax Map Parcel Item No. 1000- 44-1-19. 9:15 p.m. Application of Victor L'Eplattenier, Box 361, Peconic, NY (by Rudolph H. Bruer, Esq.) for Variances: (1) for approval of access, New York Town Law Section 280-a and (2) to the Zoning Ordinance, Article III, Section 100-31 for permis- sion to build new dwelling with insufficient front and rear yard setbacks at Lake View Avenue and Dickinson Street, Peconic, NY; bounded by Dickinson Street; west by Lake View Ave.; south by Garrido; east by Garrido; further identified as Subdivision Lots No. 57 and 58, Peconic Shores Subdivision Filed Map 654. County Tax Map Parcel Item No. 1000-67-3-12. 9:25 p.m. Application of Alan A. Cardinale, Bridge Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article VII, Sections 100-70 and 100-71, Article VI, Section 100-62, tc construct drive-in roof addition and alteration with an insuffi- cient frontyard and further reduction of landscaped area, for Legal Notice - Page 4 Regular Meeting for October 15, Southold Town Board of Appeals 1981 bank use. Location of Property: North side of Main Road, Matti- tuck, NY; bounded west by Factory (Railroad) Avenue; south by Main Road; north and east'by Bethany Cemetery Association.. County Tax Map Parcel Item No. 1000-142-1-26. 9:30 p.m. Application of Warren E. Hufe, Jr. and Ellen Hufe, Wells Avenue, Southold, NY (by Rudolph H. Bruer, Esq.) for a Variance to the Zoning Ordinance, Article VII, Section 100-70 for permission to utilize B-1 General Business Zoned premises for manufacturing at 45655 C.R. 48 and Youngs Avenue, Southold, NY; bounded north by Harris and Dickerson; west by Youngs Ave.; south by C.R. 48; east by Edson. County Tax Map Parcel Item No. 1000-55-2-16. 9:35 p.m. Application of Warren E. Hufe, Jr. and Ellen Hufe (for Future Screw, Inc.), North Road, Southold, NY for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80(B) for permission to utilize the subject premises for Light Industrial Use. Location of Property: 45655 County Road 48 (a/k/a 3750 Youngs Avenue), Southold, NY; bounded north by Harris and Dickerson; west by Youngs Ave.; south by C.R. 48; east by Edson. County Tax Map Parcel Item No. 1000- 55-2-16. 9:35 p.m. Application of Warren E. Hufe, Jr. and Ellen Hufe (for Future Screw, Inc.), North Road, Southold, NY for a Special Exception to the Zoning Ordinance, Article XI, Section 100-1lSD to use existing two-story house for dwelling use in a B-1 General Business Zone. Location of Property: 45655 County Road 48 (a/k/a 3750 Youngs Avenue), Southold, NY; bounded north by Harris and Dickerson; west by Youngs Ave.; south by C.R. 48; east by Edson. County Tax Map Parcel Item No. 1000-55-2-16. p' 9:50 p.m. Application of Pete___~r and Pa__t Len__~z, Main Road, ~ econic, NY for a Variance to the Zoning Ordinance, Article III,/ Section 100-35A for permission to construct gate and fence ~ exceeding maximum height limitations at 38350 Main Road, Peconi~ bounded northwest by L.I.R.R.; southwest by Otto Keil Florists~ Legal Notice - Page 5 Regular Meeting for October 15, Southold Town Board of Appeals 1981 panOrtheastby Cichanowicz; by County Map southeast S.R. 25. Tax rcel Item No. 1000-85-2-17. 9:55 p.m. Application of Stanley J. Fliss, Jr. for Mattituck Air Base, 840 Bray Avenue, Mattituck, NY for a Variance to the Zoning Ordinance, Article VIII, Section 100-80 for permis- sion to construct addition to office building with an insufficient frontyard at 410 Airway Drive, Mattituck; bounded north by Bagshaw, Wickham; west by Peconic Corp.; south by Park Ave.; east by Wickham, Parkin, Tandy, Kujawski. County Tax Map Parcel Item No. 1000-123-1-2. 10:05 p.m. Application of Katherine Ebert for Mattituck Holding Corp., Mattituck, NY (by Norman A. Reilly as agent), for a Variance for approval of access, New York Town Law Section 280A. Location of Property: Right-of-Way off West Mill Road, Mattituck, NY; bounded north by Mill Road and Killian; west by Leogrande and Cox Neck Road; south by Chudiak, McGunnigle, Zeigler, DeMaula and North Drive; east by Mattituck Creek; and near Boscola. County Tax Map Parcel Item No. 1000-106-6-part of 13.3. 10:25 p.m. Recessed hearing of Matthew McKiernan. Dated: October 2, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Instructions to newspapers: Please publish once, to wit, Thursday, October 8, 1981 and forward affidavits of publication to L. Kowalski, Secretary, Boaid of Appeals, Town Hall, Main'Road, Southold, NY 11971. On i0/6/~1, Legal Notices mailed to each applicant or his agent listed as follows: Mr. Carl H. King (c/o Judy) Richard F. Lark, Esq. as attorney for Pequash Recreation Club Pequash Recreation Club Virginia L. Wickham Toba Laja Orro Robert T. Bayley and Robert W. Gillispie III, North Fork Agency Nina S. Fischer Lenore Adamson and Thomas F. Daly, Esq. Joseph L. Lizewski William H. Price, Jr. as attorney for Lizewski Dominick and Rose DeMaio and William J. Jacobs as agent Nicholas D. Yuelys Rudolph H. Bruer, Esq. as attorney for L'Eplattenier Victor L'Eplattenier Alan A. Cardinale Rudolph H. Bruer, Esq. as attorney for Future Screw, Inc. (Hufe) Mr. and Mrs. Warren E. Hufe, Jr. Mr. and Mrs. Peter Lenz Mr. Stanley J. Fliss, Jr. for Mattituck Air Base Katherine Ebert for Mattituck HOlding Corp. Mr. Norman A. Reilly as agent for Mattituck Holding Corp. Mr. Matthew McKiernan Copies of the Legal Notice were forwarded to Suffolk Times and L.I. Traveler on 10/5/81. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ Date ......................... ,19 ..... PLEASE TAKE NOTICE that your application dated .... . .~...~...~.../.~ ......... 19 . .~./.. for permit to construct.. ~.~_.~-..~.....~..A</.~-L~.t-~. .A~.~.. -~... f,. ............... at Loc~tionofPrope~y ~ ~/~ ~ ~~'~' h~6s~ ~o~ ...................... ~/e~i ................. h~/~i -- County Tax Map No. 1000 Section ...~ .... Block ...0 ~ ...... Lot ...O r 7 ..... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds ~/~X)/AJ.~2. .~.~(M. ~.~-~.Q?j-~5 /.4~.... · /..~.....~./..q.~r...~..~..,~.....~./~.: ...................... ...... .... ....... -. ............................. ........ Building Inspector RV 1/80 TOWN OF $OUTHOLD, NEW APPEAL FROM DECISION Of BUILDING INSPECTOR APPEAL NO. O~ oCDFO~ DATE ........ TO THE ZONING BOARD OF APPEALS, TO, WN OF SOUTHOLD, .N..Y. / ................ ........... ................... , ........... ........ ...................................... Name of Appqllont Street and Number ............................... ~/.~ ............................................. ~ .......... .EREBY ^PPEAL To MunicipalityState THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ................... ....................... Name of Applicant for permit Street and Number Municipality State ( ~' PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ...... ,Z~/.~.....~...~...~...~'.. ................ ...~..('~...~./...~............... Street Use District on Zoning Map ........... /.~,::.~...~...~.',.~,.-:...!..-1. ........................... 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 ~umber._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 (has) (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 ............ ..-2~.....~ ....... Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (/,~Y' A Variance to the Zoning Ordinance ( ) is requested for the reason that l~'orm Z~! (Continue on other side) REASON FOR APPEAL Continued ,. 1, STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ) ss Sign ........ ......... Notary Public . ' ELIZABETH ANN NEVILLE NOTARY PUBLIC, State of New York No. 52-8125850, Suffolk Term Expires March 30 ....... COUNTY OF SUFFOLK: ~£PARTM£NT OF PLANNIN{-~ Town of Southold Board of Appeals (516) 360-5513 LEE E. KOPPELMAN December 7, 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 Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant M,3n{cipal File Number Michael A. LoGrande Richard Posselt Donald J. Finnerty Toba LaJa Orro Lemore Adamson Alan A. Cardinale Mr. & Mrs. Warren Hufe, Jr. Peter & Patricia Lenz 2854 2855 2861 2882 2888 2889 2890 2892 GGN:Jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chlef Planner Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: Variance from the Zoning Code, Article III , Section J00-35 A Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section __ Special Permit Appeal No.: 2~92 Applicant: Peter & Pa~ricia Lenz Location of Affected Land: ~50 ~4sin Road~ Peconic County Tax Map Item No.: 1000-~5_2_J7 Within 500 feet of: Town or Village Boundary Line __ Body of Water (Bay, Sound or Estuary) ~_~v State or County Road, Parkway, Highway, Thruway $~ate ~oa~ 2~ __Boundary of Existing or Proposed County, State or Federally- Owned Land ~ Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area __ Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant __Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to ~u~ ~ ~ ~,~ exceedi~ maxi~uln he~gh~ lin~i~ation~. Public he~rin.~ ~!~ Copies of Town file and related documents enclosed herewith for your review. Secretary, Board of Appeal~ Southold MAIN ROAD- STATE ROAD Town Board of Appeals SOUTHOLD, L.I., N.Y. 11g'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONI$, .JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. $AWlCKI December 3, 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, CHARLES GRIGONIS, JR. CHAIRMAN · Secreta~ lk Enclosure Today's Date: 'b'Iembers Absents if any: Agenda Item/b'latter of: Trpe of Variance or Appea : Resolution made by: (~/) ' Seconded by: ( ) ( ) ( ) (v/) ( ) A ction: (-/) Approve as applied for ( ) Deny as applied for ( ) Deny ( ) Oeny without prejudice ( ) Withdrawn without Prejudice ( ) ( ) Approve with the following conditions: (%f) Sub,iect to County Plannin,q referral ( ) Subject to Plannin9 Board approval ( ).Sub,iect to D.E.C. req_ulations ( ) Other: Findings of the Board are as follows: Other: ( ) Not Within the Character of the Neighborhood Variance is Substantial in Relation to Code Not .in ha~_._o, ny _with purposes of the Code Hardship not suflicient Circumstances are. NOt Unique ~ 1~/ill set a precedent in the neighborhood Area is already very congested Interests of justice served by denying Vote of the Board: Ayes: (~/) CG (~ SD Nay: ( ) ( ) Abstain: ( ) ( ) Absent: ( ) . ( ) Notes: (~)z RD ( ( ( Granting the Relief Requested is wighin spirit of the zoning code Relief is not substantial Burden of hardship or difficulty shown Circumstances are unique Variance will not change character of the neighborhood ) Interests of Justice served by 9rantinc~ ) Other; for Special :ExcepEions () () () () () '() 'iuI 'P'd u!~q 1.01. xo~3 · poJ!edeH pue ~ueis,(S J~I~M ' ' lipa ileM LEGAL NOTICE NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Provi- sions of the Amended Code of the Town of Southold, a regular meeting and the fol- lowing Public Hearings will be held by the 5outhold Town Board of Appeals at the Southold Tow Hall, Main Road, Southold, N.Y. on Thursday, October 15, 1981 commencing at 7:15 o'clock P.M. as follows: 7:15 p.m. Application of Carl H. King, 350 King Street, Orient, N.Y. for a Variance to the Zoning Ordinance, Aticin York, N.Y. 10011 (Robert W. Gillispie HI as agent), for a Variance for approval of ac- 'cess, New York Town Law Section 280A. Location of Property: Right*of-Way off the east side of South Harbor Road, Southold, N.Y.; bound- ed north by Stewart and Fretmd; west by Paul: south by the bay; east by Ballenger; County Tax Map Parcel Item No. 1000-87-1-21. 8:10 p.m. Application of Nina S. Fischer, Indian Neck Lane, Pecenic, N.Y. for a Variance to the Zoning Ordin- ance, Article HI, Section 100- 31 for permission to construct addition to existing dwelling with an insufficient sideyard setback at 7130 Indian Neck Lane, Poconic; bounded north= west by Cukor; southwest by Hog Neck Bay; northeast and southeast by Prellwitz. County .Tax Map Parcel Item No. 1000-86-7.8. 8:20 p.m. Application of Lenore Adamson, 55 Ships Drive, Southold, N.Y. (by Thomas F. Day, Esq.) for a Variance to the Zoning Ordin- ance, Article HI, Section 100- 31 for approval of insufficient area for division of premises located at North Bayview Road and Ships Drive, Southold, N.Y.; bounded north by North Bayview Road; west by Ships Drive; south by Mullen; east by Reese. County Tax Map Parcel Item No. 1000-79-3-9 & 10. 8:35 p.m. Application of Joseph L. Lizewski, Main Road, Cutchogue, N.Y. (by WiHinm H. Price, Jr., Esq.) for a Variance to the Zoning Ordinance, Article HI, Section 100-30 for permission to con. struet professional office building in an A-Residential and Agricultural Zone with existing dwelling use at 29325 Main Road (a/k/a 320 Depot Lane), Cutchogue; bounded northwest by Fogarty;. south- west by Depot I~ne; northeast by Dunne; southeast by Main Road. County Tax Map Parcels Nc. 1000-102-2-12A and 11. 8:50 p.m~ Application of Dominick and Rose DeMalo, by William J. Jacobs as agent, e/o Box 199B, Depot Lane. Cutchogue, NY for a Variance HI, Section 100-32 for permis- to the Zoning Ordinance, sion to const~ ~accessory Article Ill Section 100-31 for building in the ~'ontyard area -. y permission to construct new at 350 King street, -orient~ ' ': dwelling with inanfficient frunt bounded north by Navy Street; and rear yard areas at Cedar west 'by Shaw and Nolan; sOuth by King Street; east by -Tyrreil; County Tax Parcel Item No. 1000-26-1.27. 7:20 p.m. Application of Point Drive West. Southold, N.Y.; bounded north by Cedar Point West; west by Giordano; south by West Lake; east by Soverel; County Ta'x Map sion to utilize B-I General Business Zoned premises for manufacturing at 45655 C.R. 48 and Youngs Avenue, South- old, N.Y.; bounded north by Harris and Diokerson; west Youngs Aven.; south by C.R. 48; east by Edson. Map Parcel Item No. ~00p-55-) 2-16. · . . 9:35 p.m. Applieution of Warren E. Hufe, Jr. and EHen Hufe (for Future Screw, Inc.), North Road, Southold, N.Y. for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80(B) for permission to utilize the sub- ject premises for Light Indus. trial Use. location of Property: 45655 County Road 48 (a/k/a 3750 Younps Avenue), South- old, N.Y.; oounded north by Harris and Dickerson; west by Youngs Avenue; south by C.R. 48; east by Edson. County Tax Map Parcel Item No. 1000-55- 2-16. 9:35 'p.m. Application ' Of Warren E. Hufo, Jr. and Ellen Hufo (for Future Screw, Inc.), North Road, Southold, N.Y. for a Special Exception to the ,. Zoning Ordinance, Artide XI, Section 100-118D to uso exist- ing two-story house for dwell- ing use In a B-1 General Business Zone. Location of Property: 45655 County Road 48 (a/k/a 3750 Youngs Av- enue), Southold, N.Y.; bound- ed north by Harris and Dicker- son; west by ¥oungs Avenue; south by C.R. 48 east by Edson. County Tax Map Par- cel Item No. 1000-55-2.16. j ~ 9:50 p.m. Application of ~P. eter and' Pat ['~"=i Main J Road, Pecodic, N.Y. for Variance to the Zoning Ordinl ~ ance, Article HI, Section 100- 35A for permission to con- struct ~ste and fence exceed. in~ maximum height limita: ~fions at 38350 Main Road, _Peconic; bounded northwest by L.1.R.R.: southwest by Otto Keil Finrists; northeast by Cichanowicz; southens~ ~S.R. 25. County Tax Map _Parcel Item No. 1000-85.2.17. 9:55 p.m. Application of Stanley J. Fliss, ~Ir., for Mattituck Air Base, 840 Bray Avenue, Mattituck, N.Y. for a Variance to the Zoning Ordin- ance, Article VIII, Section 100-80 for permission to con- struct addition to office build- lng with an insuffident front yard at 410 Airway Drive. Mattituck; bounded north by Bagshaw, Wickhem; west by Pecenic Corp.; south by Park Avenue; east by Wickham,' Purkin, Tandy, Kujawski. County Tax Map Parcel Item ,~ouash Rec=rention Clu~, Parcel No. 1000-90-1-4. No. 1000-123-1-2. COUNTY OF SUFFO ,~ ,~: 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 noti~:e'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 ...... ..<~.. .......................... 19...~..~.. S~_7 ~_~efore me this ......... ~.~..~ ..... day of ............ ................. Notary Public/./ EDITH A, GUY NOTAry ~U~LIC, State ef N~ tqe. 52- 4002497 ,Q,.,:lihed in Suifelk C~n~ Comm~:s~an Expires March 30, 3-9 & 10. ~ 8:35 p.m. ApplicaUon of Joseph L. Lizewskl, Main Rood, Cutchogue, NY (by WH- Piled Map 654. County Tax Map Parcel Item No. 1000-67- 3-12. ty:' 45655 County Rood 48 (a/k/a 3750 Youngs Avenue), ~°UH~a~di., NY; bounded north Y s and Dickerson; west · 9:25 p.m. Application of liam H. Price, Jr., Esq.) for a Alan A. Cardinale, Bridge Variance to the Zoning Ordi:/ · ' nance, ArticlellI, Sectionl002 ,L, an~, Cutchogue NY for a byYoongsAve.;$oothbyC,R. var ance to the Zoning Ordi- 48; east by Edson, County Tax 30 for permission to construct ounce, Article VII, Sections Map Parcel Item No. 1000-55- professional office building in 100-70 a ~an A-Residential and Agri o .. nd 100-71, Article VI, 2-1 mraJ Zone with nv e~ ,,~.~ CU!- oecuon 100-62 to c^no, .... 17 lng Use at 29325" ' h _ drJve- n roof addition and al- p..,~ }: ,~' Apohcati0n of (a mum l-~ooa teration with a ' . . ~r a ~ Pat Lenz · _,./k/a 3.20 Depot Lane), Cut- f...., ...... n ~?suffic~ent ReDa, i-', noir .... , Mam~ Fogarty; southwest h,. ~"~ ~'~ ?on et landscaped area for Xrt,o,:",' ' qonmg Ordinance, Lane; northoos* ~,.-%Eepo~ eank use. Location of pr~- _--'_'--w ~ seetmn lo,.ann southeast by ~I~n r~u~nt~e~; fy: North aide of Ma n h~ ~,~.,~m[s.s, tn eo.~*,-u~t County Tax Map Parcels {vt, ~ ~ tt_ituck, NY; bounded west Jmum h ..... ~_ee~i. jn~ max · 1000-102-2-12 1 and 11 -'7' oy v'actory (IRa rood) Ave- -/ ~ · 8.50 p.m. Application ^t nuej, south by Mmn Rood ~round~ Roa~. PeqomcA- · Domintck and Res- r,~,~, ~o, norm and east by Bethan v normwest L c/o De--, a.g nt, Parce Item .ortheaq Cutehogue, NY'for; L.¥ 000- a+ 5. ' ~ to toe gomng Ordinan~.,, -~':F" 9:30 p,m. Appl cation of ~.~_,~: ~:nj_mtv ~ ~cle III, Section 100-31 fo:; . . eLn.,E.: Hufe, Jr. and Ellen 9'55 n m ~. ~,.0~-~.. 2-17. d ' · ,~--uct new NY (b , ,~,~,,,ey., FHss Jr f , welhngwRhins.tt~.: ..... - Y Rudolph H Bruer ....... or Multi- androoryardarea.~nto_., . ~ q:) for ~ Varmnce to the .,.~ ~ .....,, 840 Bray Ave. ., Point Drive ?'ngOrd naece, ArticleVn NY for a ~ NY, bounded north b,, ~-~ ' . .~n 100-70 for permission ......... Zomng Ordt- Point West' woo~ ~-- ~yeu. ar .Jo utilize B-1 General Busi,~o :'~,-.~,. aruc~e .VIII, Section Ni9e;~laPs'r~ yAuPeP]~:,ati°~60~5f ~:n~d' °~)~cn~eer~s::[thwbYestHar~' ~:k.;~ou~aYnoYt~JVb~ Co- · ~ ' zoongs Ave; south hv C '~ ~". ,wmkham; west b · N~n~t.Y..on.cl. ~, Greenport, 48; east by E~Json (~u~'~ '-~' Pecomc Corp.; south by Par°~ oni;;'O&Z?an?e.to the:. arcei gt m'N east by Wiek m, Park- Secti;; l~0'~.~2't~' ~errt~Ises/ilo~ ' 246, .,..,,~,-oo- ~;xT~?, _KujawskL County' to construct accesso,-,, b.na 9:35 p.m. Application of 1000-1 3-~2 Farce/ Item No · g . -., ,~.u- Warren E. Hufe Jr 2 ~o~(g.a~r~a.g~e) m the frontyard time ~tor e'm. '..' and Ellen 10:05 P.m, Annlien*i,,,. t · ~reenport, NY; boo'ed~,'~= -.~ ~norm t~ooo, Soothold, NY for Ho~,:=.--~ ~oen tor Mattituck by L,I. Sound; west ~vvn~,,m/ ~Spefia!ExceptioototheZoo. (b~jm~vgo~,.orp., ~Maltituck NY dan; sooth bvc~ .,o ".'~?'~' mg ordinance Article v.r ..~_ ,,~.:.,an n. Reilly as Y x Map Par- s on to ,, pe approval of access, New ce/Item No, 1000-44-1-19 ~., . utihze the subject Town ~ ~ - -. York 9:15 p m An,~i,,~-' -- .-~, *~,.. premmes for Light IndusC-:-, . ..--" ...~w oec~ton 280A. Loca. tier L Eplattemer ,,.. ~e~ ne~ tine of Prooertv. · w~, ...., !P~.~ y' RJght-of- omc, NY (by Rudolnh I4'- . .... .~.~ .. y Rood 48 (a/k/a'.. tia,.~.T ...... d, Mat- .. Bruer, Ese ) fo; w-,-;~- --' ' ~,ou ~oungs Avenue) So.,k.* ,. ~';~,~ ,~!, oounaed north 280-a and (2) tn'~"~ ~ua uy~oungsAve.;southi~vCg' ~.._,~_~,~ .~oum n,y c;hudiak, Mc- . Ordthanc~, a--Z;. ;';;' ~o~..ng , 48; east by Edson Cou ..... ,..unmg~e, ZeJgler, DeMaula ' . 100-~, ~^=-L-~-'~-c'e "~' ~ection Map Parcel Item'No ~nt~x and North Drive. ea - ~'.."- {,~rmmston to bui{d 2~m ..... .,.,~55- Mattitu,,t. c,.~_,. ' _st by ~ .new aweiling with insufficien~ ~'~ . . / Bo~cola~,_._~_~; a.n.o, near ' ,~r~-, ,. _~."~, reconi~,·. ~or~ (~,r~ w~,~"~;~ ~..L,_- 10:25p,m. Recezsedh~nrln,~ ~'t~-~et.O°~v~,..by.D.ickins°n --~x'~ ~'~'~k:e~ ~ ' 0~IMatthewMeKleroao ..... "' Ave ~ooth~..°Yr,~"a?.e Viewi' ..iag._J ~ '~r't,,.~~ ~L'V, ~ated:October2,1981.' by Gamd0; further identifi~,~ .. in,/,,, ~ ~"" -" 'rl~ ...... ?RDER Ob" . .... ,,,,~ ~ u fin a~. ri_.. - '~ o~,~.rdJ OF AP ' 58, Ppcomc Shores Subdivision ..Bess' ]~ Loc ene.]~_ B :l , 1T08-3787 PEALS -J . said ated imes eeks COUNTY OF SUFFOLI(o ] [ SS: STATE OF NEW YORK, j Troy Gustavson .................................... being duly Sworn, soys that . .. he., is Printer and Publisher ~f the SUFFOLK WEEKLY TIMES, a newspaper published ~t Greenport, in said county: and that the notic~, of which the annexed is ~ printed copy, has been published in the ~aid Suffolk Weekly Times once in each week, far one ........................... weeks successively commencing on the .... 8..~.h. .................. day of.., .0.c..~ber .... Sworn to before me this .I..~... day of .0.o~.o.b~. ......... 19. ~. H£[EN K. DE VOE IIOTARY PUBLIC, State of New York No 4707878, Suffolk Cou~t~ Southold Town Board of Appeals MAIN RI-lAD- !~TATE RnAD 2.5 E;DUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1609 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR, CHAIRMAN SERGE DOYEN, JR. ~NOTICE OF DECLARATION T-'-~,,~Y TUT:::LL ROBERT J. DOUGLASS .~PURSU. ANT TO GERARD P.'OOEHRINGER N:Y:S. ENVIRONMENTAL QUALITY REVIEW ACT ,,Joseph H. ~Sawicki ~ ...... .: ~ . 2892 /%pPlica~ion,of: Peter and Pat Lenz Location of'Property in Question: 38350 Main Road, Peconic, NY. County Tax Map Item No. 1000- ~5-2-17 Project Proposed by Appeal Application: To erect gate and fence in frontyard area exceeding maximum height limitations. 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 Environmenta'l 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;in question ~ is not located within 300 feet of tidal wetlands; [ ] may be located within 300 feet of tidal wetlands but separating the property from the wetland area is a road or other type of barrier labeling this matter outside the jurisdiction of the N.Y.S. Department of Environmental Con- servation and therefore correspondence was not solicited. 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 applica- tion. Dated: Sept. 23, 1981. By Order of the Southold Town Copies to: ApPlicant/Agent Board of Appeals Town Clerk Bulletin Board Appeal File K JUDITH T. TERRY TOWN CLERK REGISTRAR O1' VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 September 16, 1981 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2892 application of Peter & Patricia Lenz for a variance. Also included is notification to adjoining 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 of the property. Town Clerk . t) SHO~,T E~VIRONNiENTAL 'ASSES$14~NT · -~' I).__~ST~UCTION$,: (o) In order to answer the questions in this short EAF it isossumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and o completed 5nvironmental Assessment Form is oecessory. (c) If all questions hove been answered No it is likely that this project is not significant. . (d) Ehvironmen~al Assessment '' ' ~'. ' Will project result in o large physlcol change to the project site or physically alter more~ than 10 acres of land? ........................ Yes 2. ~'/ill there be o major change to any unique or -unusual land form found on the site? .......... 3. %'till project alter or have a large' effect'on existing body of water? ....................... Ygs 4. %'1ill project have o potentially large impact on groundwater quality? ....................... 5. Will project significantly effect drainage flOW on adjacent sites? 6. %';ill project affect any threatened or endangered plantar animal species? ............ Yes,~/No. . pro ec resu n o mo or o verse e e on air quality? .............. ............... ~.. o 8. %'/ill project hove o major effect on visual character of the community or scenic views or vistas known to:be important to the communlty?... '¥es.~No. ~. Will project adversely impact any site or .. structure of historic, prehistoric or paleontological importance or any site designated os o critical envlronmentol oreo by o local ogency?. · · ................ ~ Yes 10. %?ill project have a major effect on existihg or future recreational opportunities? ......... Yes/.-~No, 11. %qill project result in .major trofffC problems oE cause o ma~or effect to ex-isting transportation systems? ....................... Yes 12. %~ill project .regularly ¢ouse objectionable odors, noise, glare, vibration, or electrical. disturbance as o result of the project's operation?.. . ' or.safety? ................................... .., yes./-'/No 14. Will p~oject affect the existing community by directly causing o growth in permanent population of more than 5 percegt over 0 one year period or have a major negative effect on tile choro~-~er of the community or neighborhood .................................. Yes No 15. ls there public controversy con..~e~ning the ' (Today's Date) To: Southold Town Board of Appeals Re: Main Road Southold, NY 11971 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 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 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. [ ] 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.* not appear to [Starred items (*) indicate your property does fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours,_/? ~nature pl~se) ~ TOWN OF SOUTHOLD, NEW APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,,,,,, ...... ...... ................ ................................................ Name of Appellon~ Street and Number Municipali~ State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ............... ................... Name of Applicant for permit~. ~ .~ Street and Number Municipality State (~"~ PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY .............................................................. .~..~...*~'~ Street Use District on Zoning Map ....... .............................. Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinanc~e by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is mode herewith for (/) A VARIANCE to the Zoning Ordinance or Zoning Map [ ) A VARIANCE due to lock of access (State of New York Town Law Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (hee)-(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 ......................... ~i ...... Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection (~"'I~ A Variance to the Zoning Ordinance ( ) is requested for the reason that C orxS~'r F~rrn ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would prOduce practical difficulties or unneces- sary HARDSHIP because 2, The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because Sworn to this .............../~V~I....--......... ............... day of ........................ ~...~... ............. 19 ~ / ELIZABETH ANN ~EVI~E N~A~ PUBLIC, ~e of New Y~k No, 52-812~, Suffolk ~ Term ~i~ Mar~ 30, TOWN OF SOUTHOLD ~ Petition of : the Town of $outhold : YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appealspf th~.Town of Sou, thold to request a (Variance) (Special Exception) (Special Permit) (the following relief: 2. That the property which is the subject of~the Petition Js located adjacent Lo your, prooertv and is des- cribed as follows: . 7~ _--~,~"~ <;'~ /~...~/'.~ .~,'~ /~,,~..~//c"~, ./~. Y.,~._~/.~/.7_? 3. That the property which is the subje~;~;)f such Petition i,s located in the following zoning district: 4. That by such Petition. the undersigned will request the following relief: / / 5. That the provisions of th~'~q~h~Z~ning Code applicable t,~the relief sought by the under- signed are: / 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. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: :--/c~ - c~,'~ . , ' Petitioner Post Office Address NAME 9£61 'adV '008£ ~uao~ Sd ) STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ,,~xj.~ :: )'~.t~, ~/~r , being duly sworn; dep~ and Sa~ tha~on the -)~ day of ~ ~~'~ . ,1~, deponent mailed a true copy of the Notice ~t forth on the~e- verse ~Of, directe~to each of the abOve-named persons at the addr~ses set opposite thMr respective nam6; that the address ~t opposite the nam6 of said pe~ons are the add~ of said pe~ons as shown on the current ass~ent roll of the Tow~ S~uthold; that sai~ Notic~ were mailed at the Unite~ost ~- ~ce at ~~~, ~]..~ ;that said Notic~ were mailed to each o~id persons bY ~ce~ified) {r~t~ed) ~ail. ~.~,. ~~~ , ~o~ t~e ethis '~1~ ~RY PUBLIC, ~ate of N~ Y~ T~ ~pir~ March aO, 19, 1 · ~u~hold Town Board of Appeals (~ppeal No. 2891 - Warren E. Hufe, Bruer consented. -44- October 15, 1981 Jr. and Ellen Hufe, continued:) On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to close the hearin~ in the matter of Appeal No. 2891, application of Warren E. Hufe, Jr. and Ellen Hufe. Vote of the Board: Ayes: Grigonis, Doyen, ringer and Sawicki. Douglass, Goeh- PUBLIC HEARING: Appeal No. 2892. Application of Peter and Pat Lenz, Main Road, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Section 100-35A for permission to con- struct gate and fence exceeding maximum height limitations at 38350 Main Road, Peconic, NY; bounded northwest by L.I.R.R.; southwest by Otto Keil Florists; northeast by Cichanowicz; southeast by S.R. 25; CTM Parcel No. 1000-85-2-17. The Chairman opened the hearing at approximately 10:36 p.m. by reading the appeal application in its entirety, legal notice of hearing and affidavits attesting to its publication in the local and official newspapers, Notice of Disapproval from the · Building Inspector, and letter from the Town Clerk that notifica- tion to adjoining property owners was made; fee paid $15.00. PETER LENZ: Ladies and gentlemen, I'm Peter Lenz. I don't know you are familiar with the property but we can down here two years ago and established a vineyard and we are coming to the phase now which is producing the wine. I don't know if you're familiar with the property. It is to the sense of what it looked before, but we have gone through quite some construction and we went through the extreme of hiring a very known architect in designing us an overall design. Since not only the product is the. ~ine. obviously the marketing and the selling of the product · s as ~mportant. So obviously the character and the look of the place has to be of a certain nature and this is what we are try- ing to pursue. And the product design was a gate which is nearly constructed out of posts, treated lumber posts which we are using pretty much as posts for the vineyard. We have those posts the posts are near to all the rest of the buildings as basically a trellis. And what we are trying to do is basically overgrowing all those trellises with different varieties of vines so that actually it will eventually all overgrown. It is pretty customary in Europe as well as here in vine growing areas that the formal entrance to a winery is done through a gate. Since the property here runs very narrow and long, and we don't want to use a multi- tude of signs indicating to the clientale or to the passerby that this is a vineyard and we're trying to attract a person into our premises; we feel this gate is unique enough and presents our sign and attracts enough attention for people to look us up. The sign is such that it will be part of our label of the wine and feel it's not offensive to anybody. It's very attractive. It's from a natural design and once overgrow~ we feel will very much blend in $outhold Town Board of Appeals -45- October 15, 1981 (Appeal No. 2892 Peter and Pat Lenz, continued:) MR. LENZ continued: with the overall area and trees. MR. CHAIRMAN: How high will the fence be? MR. LENZ: Well actually it's really not a fence. Ail we want to do is put up a gate. The gate is about an overall span, I don't know, do you have the whole thing there? MR. CHAIRMAN: Well we have this. MR. LENZ: Well, yes, I guess it pretty much indicates it. It's pretty much as you can see there it's very very baron and simple. It is, as I said, round treated l%Imber posts. It's I think about 30-foot wide. We have to build it high enough so that trucks can get in underneath it. Something else I forgot to mention. Obviously, since we're living on the premises and this sort of, we have a problem already now, a lot of people will drive into the premises at any time and the gate will at the same time provide us a way to close off the property at times when we are not open for business. Rather than just going to a regular simple gate, this is really in the form of our time. MEMBER GOEHRINGER: May I ask a question. MR. CHAIRMAN: Go right ahead. MEMBER GOEHRINGER: Mr. Lenz, although we were down there. We looked at the site and it's very hard to determine exactly where the gate is going to start and stop. I have a figure, we have a figure of 18 feet. Is that going to be in back of the large trees that are on the -- MR. LENZ: the drawing. It's right, well perhaps I should show you on MEMBER GOEHRINGER: You're not going to remove any trees, are you? MR. LENZ: Oh no. Heavens no. MR. LENZ: This is the new road we just put in. And it will be right from here to here. I think there's an electric pole here from the Long Island LILCO right here. So it would go from here and I think the first tree is somewhere here, maybe a little bit closer somewhere around here. This is basically already fenced up with a natural split-rail fence type thing. We have no intention in really fencing the property, per se. As a matter of fact as you look at the building, this is.the continuation, it's the same construction as those posts here and everywhere around. MEMBER DOYEN: What's the area of the vineyard the vines? MR. LENZ: Totally unplanted right now. We have 20 acres planted and we plan another five. .Southold Town Board of Appeals -46- October 15, 1981 (Appeal No. 2892 - Peter and Pat Lenz, continued:) MEMBER GOEHRINGER: Now this east line, or the east side here... the stanchion for the gate in question would be almost even with the split-rail fence that exists there? MR. LENZ: Yeah. MEMBER GOEHRINGER: Ok. And the other side will be just pulled back a little bit farther like this. MR. LENZ: It will be pretty much in line of what the split rail fence is now on both sides. It will basically continue and go to the split rail fence. MR. CHAIR~AN: Anyone else to speak for this? JIM McGARRY: Good evening. I'm Jim McGarry, and filled out the application for the variance. Having worked on this project since the beginning, I would say that the gate becomes a very impor- tant part of it. It ties the whole thing together. It not only gives a trademark to the land but it brings every into prospective at this time. It just seems it's empty without the gate, and it would be a qreat improvement for the area. I think it's a very important part of this project. Thank you. MR. CHAIRMAN: speak against it? applied for. Anyone else to speak for this? Anyone to I'll offer a resolution granting this as MEMBER GOEHRINGER: Second. The board made (see next page the following findings 47) and determination: .... Southold Town Board of Appeals -47- (Appeal No. 2892 - Peter and Pat Lenz, October 15, 1981 Regular Meeting continued:) By this appeal, appellants seek permission to erect and entrance gate with fence approximately 18 feet from the Main Road and with a height of approximately 18 feet. The premises in question contains an area of approximately 27 acres with 382.35 feet fronting the Main Road. It is the consensus of the Board that the structure as proposed and shown on the plans submitted with the appeal application will enhance the entire area. In considering this appeal, the Board determines that the variance request is not substantial; that the circumstances herein are unique and the practical difficulties have been shown; that by allowing the variance no substantial detriment to adjoin- ing properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of the zoning code; and that the interests of justice will be served by allowing the variance. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the relief applied for in Appeal No. 2892, application of Peter and Patricia Lenz be granted, SUBJECT TO REFERRAL TO THE SUFFOLK COUNTY PLANNING COMMISSION PURSUANT TO SECTIONS 1323, ET SEQ. OF THE SUFFOLK COUNTY CHARTER. Location of Property: 38350 Main Road, Peconic, NY; County Tax Map NO. 1000-85-2-17. Vote of the Board: Ayes: ringer, Sawicki and Grigonis. adopted. Messrs. Doyen, Douglass, Goeh- This resolution was unanimously ./