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Home My WebLink About2863~-SOUTHOLD 'M~RI'NE~-CENTER-~L-ANI)-~ ~O-LDI-NG--COI~P-;- '~2 8~63~ South Side Main Rd., Southold 9/I7/8I CA-insuff. builda~le upland area, proposed east- erly lot will have existing bldgs, w/insuff. sideyards. /~ ~ ~',t / 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 Town Board of Appeals at Town Hall, Main Road, Southold, NY on Thursday, September 17, 1981 commencing at 7:15 p.m. and as follows: 7:15 p.m. Winter Street, for a Variance Application of James V. Righter Architects, 58 Boston, Mass. 02108 (as agent for Jeremiah Bogert) to New .York Town Law, Section 280-A for approval of access. Location of Property: Clay Point (private) Road, Fishers Island, NY; bounded north by F.!. Sound; west by Kelsey; south by Private Road; east by Bogert' and Vanatta; County Tax Map Parcel Item No. 1000-3-1-8 and 9. 7:20 p.m. Application of Patricia A./.Bailey, RR ~1, Box 114, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient road frontage of proposed Parcel No. 3 and insufficient area of proposed Parcel No. 2. Location of Property: Northwest side of Leslie Road and east side of Bay Ave., Cutchogue; bounded north by Nerone, Ficht and McCleery; west by Bay Ave.; south by Maly, Price, Price; east by Swiatocha; County Tax Map Parcel Item No. 1000-97-4-11, 12 and 17. 7:30 p.m. Application of Southold Marine Center Land Holding Main Road, Southold, NY (by Edward John Boyd V, Esq.) for a Variance fro~. the determination of the Building Inspector for: (1) insufficient buildable upland area; (2) proposed easterly lot will have existing buildings with insufficient side yards'; per Bulk and Parking Scheduled Section 100-81. Location of Property: South side of Main Road (S.R. 25), Southold, NY; bounded north by S.R. 25; west by O'Hara; south by Budd's Pond; east by Port of Egypt, Inc.; CountY Tax Map Parcel Item No. 1000-56-6-2 and 3. Page 2 ~' Legal Notice of Hearings - September 17, 1981 Board of Appeals 7:40 p.m. Application of John J. Lee, Lakeside Drive, Southotd, NY for a Special Exception to the Zoning Ordinance, Art. III, Section 100-30, Subsection (c) (6)(f), for permission to erect sign advertising off-premises information at the north side of Main Road (S.R. 25), Southold, NY [owner: H. Cardinal]; bounded north by L.I.R.R.; west by Krukowski; south by S.R. 25; east by Zitek; County Tax Map Parcel Item No. 1000-56-2-1. 7:45 p.m. Application of Southold Town Republican Committeet Sunset Lane, Greenport, NY for a Special Exception to the Zoning Ordinance, Art. III, Sec. 100-30, Subsection (c) (6) (f)~ for per- mission to erect ~ign advertising off-premises information a% the north side of Middle Road (C.R. 48), Southold, NY [owner: N. Aliano]; bounded north by Latham and Others; west.by Mudd and Morris; south by C.R. 48; east by Charnews and P~rotti; County Tax Map Parcel Item ~p. 1000-59-9-30.2. 7:50 p.m. Application of -Southold Town Republican Committee, Sunset Lane, Greenport, NY for a Special Exception to the Zoning Ordinance, Art. III, Sec. 100-30 Subsection (c) (6) (f) for permmssion to erect sign advertising off-premises information at the south side of Sound Avenue, Laurel, NY; bounded north by Sound Ave.; west, south and east by Reeve; County Tax Map Parcel Item No. 1000-120-3-7. 7:55 p.m. Application of Southold Town Republican Committee, Sunset Lane, Greenport, AY for a Special Exception to the Zoning Ordinance, Art. II~, Sec. 100-30, Subsection (c) (6) (f), for per- mission to erect sign advertising off-premises information at the north side of Middle Road, Peconic, NY; bounded north by Soundview Est; east by Sepenoski; south by Middle Road (C.R. 48); ~west by Rich and another; County Tax Map Parcel Item No. 1000-74-2-12.2. 7:55 p.m. Application of Southold Town Republican Committee, Sunset Lane, Greenport, NY for a Variance to the Zoning Ordinancet Art. VI, Sec. 100-60, Subsection (C) (2) (a), for permission to erec~ Page 3 ~ Legal Notice of Hearings - September 17, 1981 Board of Appeals sign in a "B" south side of Route 25, Greenport, NY; bounded north west by Fleet Lumber; south by L.I.R.R.; east by H.X. County Tax Map Parcel I~em No. 1000-46-1-2.1. Zone advertising off-premises information at the by S.R. 25; Construction; 7:55 p.m. Application of Southold Town Republican Committee, Sunset Lane~ Greenpor~, NY for a Variance to the Zoning Ordinance, Art. VI, Section 100-60, Subsection (C) (2) (a) for permission to erect sign in a "B" Zone advertising off-premises information at premises located near the intersection of CoR. 48 and Sound Avenue, Mattituck~ NY; bounded north by C.R. 48; west by C.Ro 48 and Sound Avenue; south by Sound Avenue; east by Gilles Est. and LILCO; County Tax Map Parcel Item No. 1000-121-2-2. 7:55 p.m. Application of Southold Town Republican Committee, Sunset Lane, Greenport, NY for a Variance to the Zoning ordinance, Article VI, Sec. 100~60(C) (2) (a) and Article VII, Section 100-70 for permission to erec~ sign advertising off-premises information at the south side of Route 25, Cutchogue, NY; bounded north by S.R. 25; east by Nolan; south by Cutchogue Fire District; west by Kaelin; County Tax Map Parcel Item No. 1000-102-6-7. 8:05 p.m. Applicatzon of Matthew McKiernan, 970 Gin Lane, Southold, NY for a Varmance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct new dwelling with an insufficient frontyard setback at premises located at the east end of Beachwood Lane~ Southold; bounded north and east by Beachwood Lane; south by Goose Creek; west by Meringold; County Tax Map Parcel Item No. 1000-70-10-60. Dated: September 3, 1981. BY ORDER OF THE SOUTHOLD TOWN ~ BOARD OF APPEALS Instructions to newspapers: Please publish oncef to wit, Thursday, September 10, 1981 and forward affidavit(s) of publication to: Board of Appeals, Town Hall, Main Road, Southold, NY t1971r on or before September 16, 1981. Legal Notice for September 17, 1981 Board of Appeals Meeting mailed on 9/4/81 to: James V. Righter Architects, for Jeremiah Bogert Pa%ricia ~. Bailey Edward John Boyd V, Esq. for Southold Marine Center Land Holding Corp. Mr. John J. Lee Southold Town Republican Con%mittee, c/o Mr. Fred E. Hulse, Jr. Mr. Matthew McKiernan Copies on 9/3/81 to: Supervisor Town Board Members Bulletin Board Z.B.A. files Building & Zoning Bulletin Wall FORM NO, 3 ~-~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLEKK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your a991ic,~/o~.dated . for permit to c~i~rFdc;....~..~:'.d.~ ,~2/.~-~:?'~7 .~d-'A'.~. .... G....~...t9../~.&.~... ' .......... at / / Location of Property ............................................................... House No. Street Hamlet Counw Tax Map No. 1000 Section ...... ~9 .~-..~. Block ...... G ..... Lot ...-?: .?..~. .... Subdivision ................. Filed Map No ................. Lot No .................. ~s returned herewith and d~sapprove~n the following grounds ...................... ,~4.. ·.: · - .,~ ...................... . ...~ ..... ~ ................ - ......... ; .................... ........... u "," ' ; '; ..... ~ ....... ~' i ~' ",' ~ .... j .... p "JJ ' z~PIZ~' ' ~'~ .... ~ ................. . ....... = ....... i ....... ~ .... . .... -/&' " ..... ............ /~..~?~./~ · RV 1180 TOWN OF:$OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APP A NO. DATE Aug,. 3, 1981 TO THE ZONING BOARD OF APPEALS., TOWN OE SOUTHOLD, N. Y. Sduthold ~arine Center Land Holding Corp., of (no ~) Main Road, -Name of Appella,~ Street and Nm'nber Town of Southold ..N..e..~..;:~,9.~,k......j..'.HEREBY A:PPEAL~TO Municipality State THE'.ZON)NG BO~D OF APPEALS FP. OM THE DECISION GF THE- .BUILD.lNG INSPECTOR ON . . ...................... DATED'- June 12, lg81 APPLICATION FOR-PE~VktT NO ~A~HEREB¥ THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit (no .~) Main Road, Town of Southold, New York of Street and Number Municipality ( ~ PERMIT TO USE ( ) PERM1T FOR OCCUPANCY (x) Permit to divide property ,in "C'[ Zone. ] LOCATION OF THE PROPERTY fi./,_s__~.i.,.n....~.9..a,.a..:...~..°-u...t.~-°..Z-d.. ..................... S.C.;:. ................ Street Use District on Zoning Mx3p I000; 056.00; 06.00; 002.000 & 003.000 Mop No. Lot No, 2 PROVISION (S) OF' THE ZONING ORDINANCE APPEALED' (Indicate the Article Section, Sub- section aha Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Bulk & Parking Schedule - Section 100-81 3 TYPE OF APPEAL Appeal is made herewith for fx ) 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 ~. PREVIOUS APPEAL. A previous appeal ~ (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was f ) request fbr o spec~o permit ( ) request for a variance and was mode in Appeal No ....................... Dated_. .................... ' ................................................. REASON FOR APPEAL r ) A Vcrionce to Section 280A Subsection 3 (x) A Vcdance to the Zoning Ordinance ( ) ,s requested for the reason that such vari.a_~g~ is a necessary prerequsi%e.--%~ sale of a portmon of the proper~ty. In addition--to-' the mecesslty for t~'V~k~a-h~ceF:-~t-~m~st'~]5-e-'-n~'~d~ %hat time is of the essence with regard to this Appeal since the contract vendee has a mortgage commitfc, ent which zs time limited and any dela~ would result in an inability of t~e vendee to purchase the property from the applicant corporation. Form z]~t (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicatdifficultiesorunneces- sory HARDSHIP becau~ the property in question is owned by a corporation~ the majority of Whose stock is owned by the Estate of Michael J. Morr!s~ deceased, which Estate must sell a portion of its holdings in order to pay New York State and Federal Estate ~axes. Due to the laroe size of the propert~ and ~the complex nature of the businesses involved~ it has been impossible since 1978 to find a single purchaser for the en~mre par- 'cel~ but finally an agreement has been reached with Charles E. Witzke of Albertson's Marine for the westerly portion of the property and the ma- rina business located thereon. If the requested Variance is not granted not only witl Albertson's Marine lose its much~needed waterfront business location but the applicant corporation will be unable to satisfy the es- tate tax liabilities imposed by the State and Federal Governments and will in all likelihood lose ownership of the property due to unpaid taxes. 2. The hardshipcreated is UNIQUEandisnotshared by all prope~ies alike q the immediate vicinih of thispropert~ and in this use districtbecause the property for'which division ms sought ms already fully developed with buildings and other structures fixed in positions thay have occupied for years. The proposed division line cuts the property into the only two possible logical business areas~ i.e.~ marina business and wholesale/retail fish b~siness. Any further movement of the proposed line so as to smmght!y increase or decrease square footage areas or side ~ards would result in an arbitrary split of the property which would be unworkable for the parties involved. 3 The Variance would observe the ~irit of the Ordinance :nd WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT-because no appreciable change to the area would sult from the proposed division. All structures and businesses involved would remain the same with only ownership of a portion of the property being changed. Indeed, prior to 1972~ the property was held as two sep- arate parcels, the dividing line being approximately 75 feet to the east or,the line which is the sub3ect o~ 'this application. The present pro- posal would split the area nea~ly in half with each half possessing the required frontage on ~ain Road. Furthermore, although ~he business usages of the two parce~would be the same as at present~ a division Of respon- sibility and ownership would result in an infusion of funds for the re- pair of certain buildings and structures on the property and in a sub- stantial ne% gain in the attractiveness of the area. STATE OF ~EW YORK COUNTY OF SU-FFOLK SS Signature Edward John Boyd V~ Esq., for Applicant Sworn to this 5th dave' August 1981 ........ Notary Public f/ ' ~RIKA TAGGAI~T Page 6 - Appeal No. 3770 Matter of PORT OF EGYPT ENTERPRISES, Decision Rendered May 1~ 1990 RESOLVED, to GRANT the relief requested for a setback from the easterly sideyard at 15 feet and for a setback from the existing bulkhead at its ~losest point at 38 feet, as applied under Appeal No. 3770 in the Matter of the Application of PORT OF EGYPT ENTERPRISES, INC., SUBJECT TO THE FOLLOWING: 1. That the building be used as applied for boat storage only; 2. That the size of the proposed building be not larger than as applied (203' by 125'); 3. That the lot coverage not exceed thirty (30%) percent, for all buildings for the entire marina-restaurant site, excluding concrete slabs at 6" or less from ground level; 4. That the parking plan included all properties owned jointly and/or separately to provide for additional parking (specifically the parcel located along the north sid~ of the Main Road in which the applicant has an interest as well as those parcels described, supra). 5. That it is recommended that the building be of a color neutral to th~ aquatic surroundings so as to blend in(with the surroundings.) .~ 6. That ~h~ setbacks not be ~duc~ to less than 15 ~eet a~ ~ne easterly side Property line and not less than 38 feet to the bulkhead (to the south) at its closest points at any time. 7. Ail roof runoff be retained in leaching basins. : Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, Grigonis and Sawicki. Absent was: Member Doyen of Fishers Island. This resolution was duly adopted by unanimous vote of all members present. $OU.THDLD TOWN ~OAR~ OF New York State Department of Environmental Conservation Reg~latoz"y Affairs Unit Bldg. 40, SUNY--Pocrn 219 Stony Brook, NY 11794 (516) 751-7900 October 23, 1981 Charles Grigonis, Jr., Chairman Southold Town Board of Appeals Main PDad: State Road 25 Southold, NY 11971 Robert F. Flacke Commissioner oi Sautha!fl RE: So,..~th?~d~ Marine Center 'r.,.and Holding Corp. Appeal No. 2863 Dear Mr. Grigonis: advised that this Depazbtent re~res application for a New York State Tidal ~tlands Pezmit for any subdivision of land into two or ~ore lots within 300' of a wetland. I am forwarding a copy of 6NYCRR, Part 661, T~B~I ~tland Land Use Regulations for your reference. If further information is required, please call me at 751-7900. Sincerely yours, Associate Environmental Analyst DD:cz Enclosure Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWlCKI October 26, 1981 Edward John Boyd V, Main Road Southold, NY 11971 Esq. Re: Appeal No. 2863 - Southold Marine Center Land Holding Corp. Dear Mr. Boyd: Please find enclosed photocopy of correspondence received this date concerning the above property from the N.Y.S. Depart- ment of Environmental Conservation. Yours very truly, CG:lk Enclosure CHAR~ES GRIGONIS, JR. CHAIRMAN New York State Department of Environmental Conservation Regulatory Affairs Unit Bldg. 40, SUNY--Boom 219 Stony Brook, NY 11794 (516) 751-7900 Robert F. Flacke Commissioner October 23, 1981 Charles Grigonis, Jr., Cb~r~an Southold Town Board of App~ls M~n Road: State ~oad 25 Southold, NY 11971 Boar l ol App alf oi RE: Southold Marine Center Land Holding Corp. Appeal No. 2863 Dear Mr. Grigonis: In response to your inquiry with regard to the above, pl~e be advised that this Depa~h~nt requires application for a New York State Tidal Wetlands Permit for any subdivision of land into two or mDre lots within 300' of a wetland. I s~n forwarding a copy of 6NYCRR, Part 661, TiS~] Wetland Land Use Regulations for your reference. If further information is required, please call me at 751-7900. Sincerely yours, David l~Ri~ Associate Environmental Analyst DD--cz Enclosure HENRY E. RAYNOR. 3'r., Chairman ,lAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, ,Ir. William F. Mullen, Jr. Southold, N.Y, 11971 TELEPHONE 765 - 19,38 October 20, 1981 Mr. George Fisher Sr. Building Inspector Southold Town Hall Southold, New York 11971 Dear Mr. Fisher: At a regular meeting of the Southold Town Planning Board, Monday October 19, the following action was taken: RESOLVED that the Southold Marine Center Land Holding Corp. located at Southold, be processed as a single lot set off, 106-13. Yours very truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary EncsJ P D LD Southold, N.Y. 11971 HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr, GEORGE RITCHIE LATHAM, Jr. William F. Mullen, Jr. TO: Mr. Charles Grigonis, Jr. Southold Town Board of Appeals FROM: Southold Town Planning Board DATE: October 2, 1981 SUBJECT: Southold Marine Center Holding Corp. 106-13 TELEPHONE 765-1938 At a regular meeting of the Southold Town Planning Board, Monday September 28, 1981 the following action was taken: RESOLVED that the ZBA referral of Southold Marine Center Holdin~ Corp. be processed as a new subdivision. Yours very truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By~S u an~E/L~e~c~r~a ry COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 Town of Sodthold Board of Appeals September 28, 198i Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number Southold Marine Center Land Holding Corp. 2863 GCN:Jk .xt, Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner 11788 Southold Town Board of Appeals h4AIN RFIAD- STATE ROAD 25 SI:3UTHFILD, 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 , Section XX Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 2863 Location of Affected Land: County Tax Map Item No.: Within 500 XX Applicant:~'~ou~.hcld,,- · 14arine Center Land Hol__~i__ng_Corp. Southold North ar:d Seuth Sides of Route 25, 1000-56-4-15. Thruway State or Federally- or 1000- 56-6-.2 & 3; feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Owned Land Boundary of Existing or Proposed County, 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, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport.' COMMENTS: Applicant is requesting permission to divide premises with insufficient buildable upland area and leavinq insufficient side yards of two existing buildings, per Bulk and Parking Schedule, Art. VIII, Section 100-81. Copies of Town file and related documents enclosed herewith for your review. Copies of minutes of public hearing~~,~-~rd~d ~cr cc~rs~e Dated: September 24, 1981.Mcr~etary, Board of Appeals ~ Southold Town Boar~of Appeals -9- Se~mber 17, 1981 MRS. BAILEY: Well on this one, the building is right up against it. MEMBER DOYEN: Every determination that we have to make requires an accurate survey certifying the dimensions and area. It's not just this case, but every case, and I don't think-- MRS. BAILEY: I still don't know what-- (remainder of statement was inaudible.) MEMBER DOYEN: It does have to be accurate and the only way we can be sure of that is to have it certified by a sur- veyor. MRS. BAILEY: This is pretty accurate. MEMBER DOYEN: Pretty accurate, yes, but it has to be 'accurate. Especially when it's part of the record. It has not been done arbitrarily in this case. It's every case we require that an accurate survey for the land in question be made. MRS. BAILEY: I still would appreciate it if I could have a copy of the law, because I still don't know why the law would be retroactive. It's beyond me. MEMBER GOEHRINGER: Let me give you a copy of the "Excepted list." MEMBER DOYEN: When they update the zoning laws, that in effect is what they're doing, for practically every part of the ordinance -- we can understand where you are coming from. We appreciate what you're saying. MRS. BAILEY: Thank you (Member Goehringer gave applicant a copy of the excepted list of subdivisions from the Code). (A resolution was unanimously passed earlier in the evening that this hearing be closed and decision reserved. PUBLIC HEARING: Appeal No. 2863. Application of Southold Marine Center Land Holding Corp., Main Road, Southold, NY (by Edward John Boyd V, Esq.) for a Variance from the deter- mination of the Building Inspector for: (1) insufficient buildable area; (2) proposed easterly lot will have existing buildings with insufficient sideyards, per Bulk and Parking Schedule, Section 100-81. Location of Property: South side of Main Road (S.R. 25), Southold, NY; bounded north by S.R. 25; west by O'Hara; south by Budd's Pond; east by Port of Egypt, Inc.; County Tax Map Parcel Item No. 1000-56-6-2 and 3. The Chairman read the legal notice and the appeal application pertaining to reasons for this appeal. Southold Town Board of Appeals -10- September 17, 1981 MR. CHAIRMAN: Do you have anything' further to add, Mr. Boyd? EDWARD J. BOYD V, ESQ.: I think I stated the application very correctly. There's really not an awful lot that I can add. You have in front of you a copy of the map that's been drawn for this property with the proposed dividing line. I think you'll find that the dividing line does much more nearly divide the property into two equal portions than where the initial property line was when Mike Morris and Mary Morris owned the premises as individuals. The property was all joined together in 1972 when they formed a corporation for business purposes. What we are seeking to do now is to get permission from you gentlemen to sell off the westerly portion of the property to Mr. Wifsky of Albertson Marine. As you have probably noticed over the last couple of months, Mr. Wifsky has been in possession of it through a lease arrangement. I think you noticed there have been some rather improvements down there as well as some improvements on the Fishing Station portion of the property. It certainly looks more attractive than it has for many years, and I'm hoping that if we get permission to make this split,.we will be able to con- tinue to improve it; and the entire area will become a credit to the Town. Quite a number of organizations are awaiting decision of this Board -- Chemical Bank is rather heavily committed, very, very anxious to find out what's going to happen. They are the people who have given us the mortgage commitment, and plus the commitment is going to expire in a couple of days. We don't have an awful lot of time to waste with regard to this particular application. If there are any specific questions that any of you have concerning what we propose to do, I would be happy to address those questions at this time. MEMBER GOEHRINGER: Can you clear up-- MR. BOYD: Sure. MEMBER GOEHRINGER: for me a couple of areas, Mr. Boyd. Number one, we have what appears to be multiple-dwelling units. MR. BOYD: That's right. MEMBER GOEHRINGER: Do you have any idea how many units are in there? MR. BOYD: Uh- MEMBER GOEHRINGER: Maybe you could find out for us. It's not particularly necessary-- MR. BOYD: Twenty in each, I believe. I think it's 40 rooms if I'm not mistaken. May I add, all of this preexisted zoning in Southold Town. The motel units, the fish business, the marina business~ The only thing that has come in since the zoning in Southold Town is the large storage building across the way. This building, this property will be sold with the westerly portion of the premises. All of this is going off to Albertson Marine. ~outhold Town Board OAppeals -11- Sep~er 17, 1981 (Mr. Boyd continued): Southold Marine Center Land Holding Corporation is retaining every- thing over this way. MEMBER GOEHRINGER: What about this -- MR. BOYD: That's not a motel. That's a scallop house. It has not been a motel for many, many years. MEMBER GOEHRINGER: And this is a showroom up here? MR. BOYD: That is a showroom, well the westerl~ portion of it is used as a repair ~acility for the outboards. The easterly portion is a showroom for outboard boats and motors. MEMBER GOEHRINGER: May I ask you one other question? Why was the division drawn in this particular manner so that really there is very little access. There is actually no road access to this particular part, of this part of the subdivision? MR. BOYD: Because this particular building, what's labeled "two-story frame motel" on the map is necessary to the retail and wholesale fish business. This is the scallop house (referring to southwesterly structure), and this must go with this (referring to retail fish shop). So the dividing line had to go behind, or to the west of the scallop house, so that the scallop house would remain, the remainder of the fish business. MEMBER GOEHRINGER: Could you also find out how many boats are in berth in this particular area here, because again, I-- MR. BOYD: This, in this tail of land? MEMBER GOEHRINGER: Yes. MR. BOYD: There are no boats berthed on the land itself. MEMBER GOEHRINGER: Some of it's underwater, is it not? MR. BOYD: Not ~his. MEMBER GOEHRINGER: No? MR. BOYD: No. This is, what you see here is your ordinary highwater mark. There's bulkheading along here. This is above, this is all above. You've got approximately 32,000 square feet upland on the site. You've got another 45,000 square feet in the basin, which gives you about 77,000 square feet all total. MEMBER GOEHRINGER: 32,000 square feet for this piece over here then? MR. BOYD: Mm-hmm. Southold Town Board of Appeals -12- September 17, 1981 MR. BOYD: No, there is nothing berthed here. It is used for some winter storage of stakes, for trap fisherman, and miscellane- ous storage, but that's what was being done when Mr. Morris operated it. I think Mr. Wifsky will probably use it a little bit more aesthetically, if nothing else. As you can see from the map, the former property line cut the piece into much more unequal sections than we have there now. MEMBER GOEHRINGER: What's the present zoning on this? MR. BOYD: Business. C. MEMBER GOEHRINGER: C. Light Commercial. MR. BOYD: Light Commercial. Excuse me. I would also like to state that there is really nothing that can be done to · further develop the area. You have the maximum usage of the buildings there right now. We can't add anything more here. We can't add anything more on the strip between the marina and the Main Road, and certainly on the part across the way with the large storage building-- that's fully developed. Really, the only thing that this Board is doing is granting approval to sell off a portion of the premises, but you're not changing its usage in any way. MEMBER GOEHRINGER: Again my concern is though, how does one get to this part? MR. BOYD: That is very--it's taken care of at the present time in the lease between Albertson Marine and my client, Southold Marine Center Land Holding Corp. There will be in the deed granted access right-of-way to this portion. It will be speci- fically deeded. There are reasons for that. This portion is important to Mr. Wifsky's operation. It is also important that the small portion here remains with Southold Fishing & Marine Center. We intend to be able to unload fishing boats, not only on the easterly side there but also on the westerly side. So we will have to have access into this, vehicular traffic, and Budd's Pond Marina, Inc., Mr. Wifsky's operation needed vehicular traffic in here for his patrons to be able to. load and unload and to service boats which may be berthed along the bulkhead line. So this has already been addressed in the documents between the two corporations, and when a deed is drawn there will be a deeded right-of-way guaranteeing access at all times for vehicular traf- fic to this and also pedestrian traffic along the side of the marina itself. That's already been taken care of. MEMBER GOEHRINGER: Thank you. MR. BOYD: Any other questions? MR. CHAIRMAN: Bob, did you have any? (Negative) Thank you, Mr. Boyd. Is there anyone else to speak for this? Anyone to speak against the application? (None) If not, I'll offer a Southold Town Boa~of Appeals -13- Se~ember 17, 1981 (Mr. Chairman continued): resolution closing the hearing and reserve decision until a little later on. ~ MEMBERS SAWICKI AND GOEHRINGER: Second. MR. CHAIRMAN: It's been regularly moved and seconded, all in favor? (All ayes) On motion by Mr. Grigonis, seconded by Messrs. Sawicki and Goehringer, it was RESOLVED, to close the hearing and reserved decision in the matter of Southold Marine Center Land Holding Corp., Appeal No. 2863. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goehringer, Sawicki and Grigonis. APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWiCKI Southold Town Board of Appeals HAIN ROAD- STATE ROAD 25 SOMTHOLD, L.h, N.Y. llg?l TELEPHONE (516) 765-1809 September 4, 1981 Mr. David DeRidder, Associate Env. Analyst N.Y.S. Department of Environmental Conservation Building 40 ~ Stony Brook, NY 11794 Re: Southold Marine Center Land Holding Corp. Appeal No. 2863 Location of Property: South side of Route 25, Southold Dear Mr. DeRidder: At a regular meeting of the Board of Appeals held last evening, it was requested that you review the proposed project and determine whether or not same would be within your juris- diction. Enclosed are photocopies of related documents. Thank you for your assistance. Yours very truly, CG:lk- Enclosures CHARLES GRIGONIS, CHAIRMAN JR. Committee, Sunset Greenport, N.Y~ for a Special Exception to the Zoning Ordin- ance, Art. III, Sec. 100-30 [ .Subsection (c)(6)(t) for permis- sion to erect sign advertising off-premises information at the south side of Sound Avenue, Laurel, N.Y.; bound- ed north by Sound Avenue; west, south and east by Reeve; County Tax Map Parcel Item No. 1000-120-3-7,. 7:SS p.m. Application of ~'~ Southold Town Republican Committee, Sunset Lane, Groenport, N.Y. for a Special Exception to the Zoning Ordin- ance, Art. III, Sec. 100-30, Subsection (c)(6)(f), for per- mission to erect sign advertis- ing off-promises information at the north side of Middle Road, Pecan!c, N.Y.; bounded north by Soundview Est.; east by Sepenoski; south by Middle Road (C.R. 48); west by Rich and another; County Tax Map Parcel Item No. 1000-74-2- 12.2. 7:SS p.m. Application of Southold Town Republican Committee, Sunset Lane, Greennort. N.Y. for a Vnriuno,, 7:30 mm. A-nnii6ati6~-'offS.'~'fiew dwelling with an insuffi- Southold Marine Center Land cient frontyard setback at Holding Com.. Main Road, premises located at the east ~;outbold~ N.Y. {b.y Edward end of Beachwood Lane, John Boyd V. Esq.) for a Southold; bounded north and V~ri~nv~ ~rom thc determina- east by Beachwood Lan% tion of the Buildinn Inspector south by Goose Creek; west by for: (1) insufficient buildable~. Mering°ld; County Tax Map~ pnland area: {2) nronosed ParcelItem No. 1000-70-10-60, ~.a~t~rly lot will 'have existinn Dated: September 3, 1981 .buildings with inm~fficient sideC BY ORDER OF THE yards: l>er Bulk and Park!ne' SOUTHOLD TOWN eat!on of Property: South side of Main Road (S.R. 25}, Southold, N.Y.; bounded north ,by S.R. 25i west by O'Hara; ' .south by Budd's Pond; east by Port. of Eevnt. Inc.: Copnty Tax Man Parcel Rcm No; 7:40 p.m. Application of John 3. Lee, Lakeside Drive, Soutbold, N.Y. for a Special Exception to the Zoning O~- dinance, Art~ III, Section 100- 30, Subsection (c)(6)(0, for permission to erect sign adver- tising off-premises informa- tion at the north side of Main Road (S.R. 25), Southold, [owner: H. Carding. II; bounded north by L.LR.R.; west by Krukowski; south by S.R. 25; east by Zitek; County Tax Map Parcel Item No. 1000-56-2-1. 7:45 p.m. Application of BOARD OF APPEALS 1T-9/10/81(4) und -uns '~I~e° ~npuoa Xlaapaos! :a~q uoldm~qlnoS 'saapu~[:l u! aaa~ -ap!s e ua ~uldaolS 1o pas aO~ se~ peaqao^!}l ~o 'L~ 'uos.n eqD .f ue!lnf uoouJage ,~psoni t N uoldmeH u! lo! gu!t:~d ua [Vii ~uD{ sql 1' aldood ~to d COUNTY OF SUFFOLK Lane, STATE OF NL%V YORK ss: Patricio Wood, being duly sworn, says that she isthe Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, o public newspaper printed at Southo[!J, in, Suffolk County; and that the notice of which the annexed is o printed copy, has been published in said Long Island Traveler-Watch- man once each week for ............. .N.. ........................ week3 successively, commencing on the ....~..c~ .......................... Sworn to before me this ........ ~..k,. .................. doy of ....... ...... , CLEMENT J. THOMPSON NOTARY PUBLIC, ~ of Nee Y(H"k r~ 52-9321725 P.4dd~ in Suflak Crabby Legal Notices LEGAL NOTICE OF HEARING8 NOTICE HEREBY GIVEN, .pUrsuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Seathold, a Regul~ar Meeting and the following public hearings will be held by the Southold Town Board of Appeals at Town Hall, Main Road, Southold, NY on Thursday, September 17, 1981, commencing at 7:15 p.m. and as follows: 7:15 p.m. Application of James V. Righter Architects, 58 Winter Street, Boston, Mass. 02108 (as agent for Jeremiah Bogert) for a Var- iance to New York Town Law, Section 280-A for approval of access. Location of Property: Clay Point (private) Road, Fishers Island, NY; bounded north by F.I. Sound; west by Kelsey; south by Private Road; east by Bogert and Vanatta; County Tax Map Parcel Item No. 1000-3-1-~ and 9. 7:20 p.m. Application of Patricia A. Bailey, RR gl, Box 114, Cutcbogue, NY for a Variance to the Zoning Ordin- ance, Art. III, Sec. 100-31 for approval of insufficient road frontage of proposed Parcel No. 3 and insufficient area of proposed Parcel No. 2. Loca- tion of Property: Northwest side of Leslie Road and east side of Bay Ave., Cutcbogue; bounded north by Nerone, Ficht and McCleery; west by Bay Ay, f,-; south by Maly, Price,~ce; east by Swia- tocha;~l~nty Tax Map Par- cel item No. 1000-97-4ql, 12 and 17. of M~in Read (S.R. 25l. South- old. NY: h~mded earth bvL gouth bv Budd's Pand: east bv Port of Eevnt. Inc.: Ceantg Tax Man Parcel Item No~ )000.56-6-2 and 3. 7:40 p.m. Application of John J. Lee, Lakeside Drive, Southold, NY for a Special Exception to the Zoning Ordi- nance, Art. III, Section 100-30, Subsection (c)(6)(f), for per- mission to erect sign advertis- lng off-premises information at the north side of Main Read (S.R. 25), Southold, NY [owner: H. Cardiuaf ]; bound- ed north by L.I.R.R.; west by Krukowski; south by S.R. 25; east by Zitek; County Tax Map Parcel Item No. 1000-56- 2-1. 7:45 p.m. Application of Southold Town Republican Committee, Sunset Lane, Greenport, NY for a Special Exception to the Zoning Ordi- uance, Art. III, Sec. 100.30, Subsection (c)(6)(f), for per- mission to erect si~ilvertis lng off-premises il~l~atiolr..~,~,-~ at the north side ot Middl¢~. ~s~33oe Read (C.R. 48), Southo]d, NY n [owner N. Aliano]; bound~ north by La,am and othe~;'~ south by C.R. ~; ~st by~ C~rnews and Perotti; County ~ ...a~ Tax Map Parcel Item No. 7:~ .m. Apphcation of _ ve~eco~ Commit~e, Sunset ~ne, Gr~n~rt, NY for a S~cial Exception to the Zoning Ordi nance, Art. III, Sec. 100-30 Subsection (c)(6)(f) for per- mission to erect sign advertis- ing off-premises information at the south side of Sound Avenue, Laurel, NY; bounded north by Sound Ave.; west, south and east by Reeve; County Tax Map Parcel Item No. 1000-120-3-7. 7:55 p.m. Application of Soutbold Town Republican Committee, Sunset Lane, Greenport, NY for a Special Exception to the Zoning Ordi- nance, Art. III, Sec. 100-30, Subsection (c)(6)(f), for per- mission to erect sign advertis- ing off-premises information at the north side of Middle Road, Peconic, NY; bounded north by Seundview Est; east by Sepennski; south by Middle Road (C.R. 48); west by Rich and another; County Tax Map Parcel Item No. 1000-74-2-12.2. 7:55 p.m. Application of Southold Town Republican Committee, Sunset Lane, Greenport, NY for a Vari- ance to the Zoning Ordinance, .... ~,, permission to erect sign in a "B' Zone advertising off-premi~es in- formation at premises located near the intersection of C.R. 48 and Sound Avenue, Mattituck, NY; bounded north by C.R. 48; west by C.R. 48 and Sound Avenue; south by Sound Ave- nue; east by Gilles Est. and LILCO; County Tax Map Par- cel Item No. 1000-121-2-2. 7:55 p.m. Application of Southold Town Republican Committee, Sunset Lane, Greenport, NY for a Variance to the Zoning Ordinance, Art- icle VI, Sec. 100-60(C)(2)(a) and Article VII, Section 100-70 for permission to erect sign advertising off-premises in- formation at the south side of Route 25, Cutcbogue, NY; bounded north by S.R. 25; east by Nolan; south by Cutchngue Fire District; west by Kaelin; County Tax Map Parcel Item No. 1000.102-6-7. 8:05 p.m. Application of Matthew McKiernan, 970 Gin Lane, Southold, NY for a Var- EDWARD UOHN BOYD ~ ATTORNEY AND COUNSELLOR AT LAW SOUTHOLD, NEW YORK 11971 ilo or peel of September 22~ 1981 Zoning Board of Appeals Town Hall - Main Road Southold, New York 11971 Re: Southold Marine Center Land Holding Corp. Gentlemen: EJB/bv Encs. Pursuant to a request from the secretary to the Zoning Board of Appeals~ please find enclosed the following: 1) Copy of first page of Contract of Sale be- tween Southold Marine Center Land Holding Corp. and Budd's Pond Marina, Inc. showing reference to recip- rocal easements contained in Paragraph 32 of lease agreement and demonstrating that such easements will be part of the deed and mortgage as finally drawn. 2) Copy of Paragraph 32 of lease agreement (attached to Contract of Sale for convenience). 3) Copy of survey made for Budd's Pond Marina, Inc. showing property to be conveyed and demonstra- ting that the southerly portion of such property is indeed attached to northerly portion and that pedes- trian access is guaranteed by the continuous owner- ship of lands to the west of the dividing line by the prospective grantee, Budd's Pond Marina Inc. As stated in the hearing on this application and as shown by the enclosed Contract of Sale, it is the definite intention of the parties that free access for vehicular traffic to the southerly portion of the property be granted to the prospective grantee through deed. This easement for access shall run with the land and will guarantee for all time that the southerly portion of the property will be available for unrestricted use by its owner. truly yours, / Edward John Boyd V NOTE, FIRE LO~ES. This form of contract contains no express provision as to risk of loss by fire or other casualty before delivery of the deed. Unless express provision is made, the provisions of Section 5-1311 of the C~n~ral Obligations Law will ~pply. This section also places risk of loss upon purchaser if title or possession is transferred prior to clorio~. TI'iI~ AGREEMENT, made the day of nineteen hundred and eighty-one BETWEEN ' ' SOUT~0LII I~INE CEN'~'~:R LAND HOLDIHG CORP., a domestic corporation havins its principal office at (no ~) Hain Road, Southold, Ney York 11971. berelnaher described as the sdler, and BUDD'S PO~fl)}l~RI~, INC., a domestic corporationhavin$ its prin- cipal office and place of business at (no ~) Hain Road, Southold, N~wYork 11971. bereina~r de~gbed ns ~e purche~r, I&'ITN~i'~s that abe seller agrees to ~11 and con~y, and the purcha~r agrees to purcha~, all that ce~ain plot. ~ece or parcel of land. ~th abe buildings and improvements tbereon crated, situate, lying and being ~ at Southold s Town of Southold, County of Suffolk, and State of New York, and described as the westerly portion of Seller's property lyin~ south of Hain Road (Rou~e 25) and all of Seller's property lyin~ north of Hain ~oad (Route 25), accordin~ to a certain map prepared by Roderick Van Tuyl, P.C., which map is annexed hereto and made a part hereof as Exhibit "A", tosether with ouch docks and other moor- lng facilities as may presently exist on the premises. The reciprocal easements contained in Paragraph 32 of the lease asreement dated March 20, 1981, which is annexed hereto and made a par~ hereof as Exhibit "B" will continue and be incorporated tn the deed and mortgages. 32nd. Throughout the term of this Agreement, Tenant and its successors in interest, if any, shall have the right to pass on and over lands retained by Landlord so as to have free and unrestricted access to all docks, lands, space and businesses leased and/or operated by Tenant. Similarly, Landlord shall have the right to pass on and over such of the demised prem- ises as may be necessary in connection with the maintenance and repair of structures on lands retained by Landlord. If Tenant elects to exercise the option contained in Paragraph 31st, supra, the aforementioned easements shall be incorpo- rated in any documents of title passing between Landlord and Tenant. 1. Th/s ~1~ includes ell right, title and interest, if any. of the seller in end to any l~d lying in the had of any street, road or avenue o.~n~l or proposed, in front of or adjoining said premires, to the center line thereof, and all right title and interest o; th~ sdler m and to any award made or to be made n lleu thereof and in and to any unpaid award for damage ~o said .~.~iyl¥~mises by reason of ch. an.~ of grade of any street; and the s~ller will execute and deliver to the purchaser, on closing of ~, or thereafter, on d .nd. all proper instruments for the conveyance of such title and the assignment and collection of any such award. " " f ..... / :C. '· HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. William F. Mullen, Jr. $outhold, N.Y. 11971 TELEPHONE 765 - 19,38 TO: FROM: DATE: SUBJECT: Appeals Board Planning Board September 23, 1981 Southold Marine Center Holding Corp. This did not make our September 14, meeting, but is scheduled for our September 28 meeting. APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki TO: FROM: DATE: SUBJECT: Southold Town Board of Appeals MAIN ROAD- STATE RrlAD 25 SE}UTHE]LD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 September 9, 1981 Mr. Henry E. Raynor, Chairman Southold Town Planning Board Southold Town Board of Appeals September 9, 1981 Determinations pursuant to Chapter A106-13 Dear Henry: Pursuant to Chapter A106-13 of the Town Code, your determinations concerning the matters listed below are requested. If it is the Board's determination that any of these matters will require pro- cessing as a new subdivision, please do not hesitate to give us your comments or recommendations on the layouts as proposed herein. Thank you for your cooperation. Matter of Southold Marine Center Hold- ing Corp. Location of Property s/s Main Road, Southold, 1000-56-6-2 & 3. Insufficient buildable upland area; proposed easterly lot will have existing buildings with insufficient side yards; said easterly lot w/ existing buildings & use may be without the required off street parking for that use. Thank you for your anticipated cooperation. Yours very truly, CHARLES GRIGONIS, ~R. ~ CHAIRMAN CG:ec P.S. This matter is scheduled for public hearing for September 17; 1981. If this matter could be considered for your 9/14/81 agenda, it would be greatly appreciated. Copies of application, survey, & County Tax Map are enclosed. ~ order to answer the questions in this short EAF i~ is assumed the p~eporor w~]] uso cu~on~]~ over,able ~n[o~ma~on concerning ~ projec~ end the ~ihe~y impoc'Is of the ac[ion. ]~ is no~ expected ~ho~ additional studies, research or olher invest{gallons will be undertaken. (b) ][ any question has been onswc, red Yes the project may be :~ignlficon~ and o compleled [{nvlronmental Assessmeni Form is necessary. (c) If oi~ questions hove been answered J~o if is likely that ibis pro joel ~5 not significant. (d) Environm~niot ' . .... ~ ' ~. ¥[~1] Drojec[ result--in o large physical change ~o ihe projec[ site or p~ysico%ly oiler mare thr. m ~0 acres of land? .................. Yes X No .u:~usuol land fo~m found on t~e site? ....... Yes X No 3. ¥1ill pro~cc~ ol~er or hove a large' e{{ec~ ~ "' existing body of wo~er? ...................... Y~s X No 4. ¥/ill p;'ojL~ct have a potentially largo impoc~ on groundv, ater quality? ................-- --- . Yes X'No f~ow on adjacent s~tes? ..................... Yes ~ No 6, ~',~}~ pro,oct of[ect any threatened or endangered plan{ or animal .~pecies? ...... ._~_: Yes X No ¥/ill project result in o majer advcrsa effg~.{ on air quality? ........... .................. Yes X No %'Iill prnject have o major effect on visuai '' - character of the community or scenic views or vislos known io~be {roper{on{ {o lhe community?.. Yes. X No Will project adversely i=poc[ any site or .. siruclure of historic, prehistoric or paleontological importance or any site designc~ied os a critical environmeotol oreo by a local agone),? : ...... : ........ Yes X No 10. ¥~ill project hove o major affect on existing or fu[urc recreational opportunities? ......... YesX No 11. W.ill project result in ,major froffic problems' - oK coL, se a major cf feel ia existing 12. Will projecf .regularly cause ob~ecfionoble odors, noise, glare, vibration, or disturbance os a resulf of fhe project's [for,? .'. YesX No opera ................................... 13. ¥/ill pro jeer have any in, pact on public heolfh- or safe'fy? YesX No 14. l'lill p~ojeci affect the existing community by- directly cousin9 o 9ro',vtN in permanent population of more than 5 percc{~t over o one year period or have o major neg~ilve effect on the character of th~ community or 15. I~ there pu~ controvcrs7 concern~ project?..~ .................... ~ ......... .... PRnPAkE~'S I~HATU 'Edw'ard JbhH-~ V~ Esq., for REPRESENTING Sou{hold Marine Center Land Holding Cor~ATE August 3~ 1981 August 3, 1981 (Today's Date) To: Re: Southold Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of Southold Marine Center Land Holding Corp. Location of Property: South side of Main Road~ Southotd~ New York; County Tax Map District 1000, Section 056.00, Block 06.00, Lots 002.000 & 003.000. Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New ¥~rk 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.* Ix] 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) ~ repairs, and approximately 400 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.:] (Signature please) Edward John Boyd V~ Esq. K JUDITH T. TERRY · TOWN CLERK REGISTRAR OF VIIAL STATISTICS TELEPHONE (516) 765-1801 Southold, L.l., N.Y. 11971 August 5, 198 1 To: Southold Town Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 2863, application of Southold Marine Center Land Holding Corp. for a variance. Also included is: Notice to Adjacent Property Owners: Philip O'Bara & Others and Port of Egypt Enterprises, Inc., Short Environmental Assessment Form, Letter relative to N.Y.S. Tidal Wetlands Land-Use, Notice of Disapproval from the Building Department, Surveys of the Property. ?OWN OF SOUTHOLD, NL~V APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.~F~_~,.~ DATE Aug. 3, 1981 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Southold Marine Center Land Holding Corp., of (no ~) Main Road, Nome of Appellant Street and Number Town of Southold ............................................................................................. . .N..e..w.....~...o. ~..~. ........ HEREBY APPEALsTO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....~.u,.,~..e,....Z.~.~.....1..g..8,.,Z. .................. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Name of Applicant for permit of (no ~) Main Road, Town of Southold, New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to divide property in "C" Zone I. LOCATION OF THE PROPERTY s/s Main Road, S.o.u..t..h...o.~.d. .................. C Street Use District on Zoning Map 1000; 056.00; 06.00; 002.000 & 003.000 Mop 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.) Bulk & Parking Schedule - Section 100-81 3. TYPE OF APPEAL Appeal is made herewith for (x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPE,~L A previous appeal ~ (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 o variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance isrequest~dforthereosonthat such variance is a necessary prerequsite to a sale of a portion of the property. In addition to the necessity for the Variance, it must be noted that time is of the essence with regard to this Appeal since the contract vendee has a mortgage commitment which is time limited and any delay would result in an inability of the vendee to purchase the property from the applicant corporation. Form ZBI (Continue on other side) REASON FOR APPEAL Co~tinued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the property in question is owned by a corporation, the majority of whose stock is owned by the Estate of Michael J. Morris, deceased, which Estate must sell a portion of its holdings in order to pay New York State and Federal Estate Taxes. Due to the large size of the property and the complex nature of the businesses involved~ it has been impossible since 1978 to find a single purchaser for the entire par- cel, but finally an agreement has been reached with Charles E. Witzke of Albertson's Marine for the westerly portion of the property and the ma- rina business located thereon. If the requested Variance is not granted not only'will Albertson's Marine lose its much needed waterfront business location but the applicant corporation will be unable to satisfy the es- tate tax liabilities imposed by the State and Federal Governments and will in all likelihood lose ownership of the property due to unpaid taxes. 2, The hardship created is UNIQUE and isnotshared by all properties alike in the immediate vicinity of this property and in this use district because the property for which division is sought is already fully developed with buildings and other structures fixed in positions thay have occupied for years. The proposed division line cuts the property into the only two possible logical business areas, i.e., marina business and wholesale/retail fish business. Any further movement of the proposed line so as to slightly increase or decrease square footage areas or side yards would result in an arbitrary split of the property which would be unworkable for the parties involved. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because no appreciable change to the area would re- sult from the proposed division. Ail structures and businesses involved would remain the same with only ownership of a portion of the property being changed. Indeed, prior to 1972, the property was held as two sep- arate parcels, the dividing line being approximately 75 feet to the east of the line which is the subject o~ this application. The present pro- posal would split the area nearly in half with each half possessing the required frontage on Main Road. Furthermore, although the business usages of the two parce]s would be the same as at present, a division of respon- sibility and ownership would result in an infusion of funds for the re- pair of certain buildings and structures on the property and in a sub- stantial net gain in the attractiveness of the area. STATE OF NEW YORK COUNTY OF SUFFOLK SS Signature Edward John Boyd V, Esq., for Applicant Sworn to this 5th day of August 1981 ERIKA TAGGART NOTARy PUBLIC, State ef New ¥o~ No. 472~283 Qulllified in Suffolk ~unty Cemmlssion Eapir~ ~rch 3C 19 ~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of SOUTHOLD M~kRINE CENTER LAND HOLDING CORP. to the Board of Appeals of the Town of Southold TO: Philip O'Hara & Others 140 Remsen Street Brooklyn, New York 11201 NOTICE Port of Egypt Enterprises, Inc. Main Road Southold, New York 11971 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (~ I,~.~ (~ ). 2. That the property which'is the subject of the Petition is located adjacent to your property and is des- cribed as follows: South side of Main Road, Southold, New York; County Tax Map District 1000, Section 056.00, Block 06.00~ Lots 002.000 & 003.000. 3. That the property which is the subj.ect of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: Permission to divide one lot into two approximately equal parts so as to permit sale of same. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Bulk and Parking Schedule, Section 100-81. 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; t~a~ou or your representative have the right to appear and be heard at such hearing. ~ Petitioner Edward John Boyd V, Esq. ~ for Southold Marine Center Land Holding Cor Post Office Address 54655 Main Road Southold, New York 11971 (516) 765-1555 NAME Philip O'Hara & Others PROOF OF MAILING OF NOTICE ADDRESS 140 Remsen Street, Brooklyn, New York 11201 Port of Egypt Enterprises, OL6~ '~aV '00~f ~o3 Sa ;uthold, New York 11971 EDWARD JOHN BOYD V , residing at (no ,~) Cedar Beach Road, Southold, New York 11971 , being duly sworn, deposes and says that on the 5th day of August ,19 81 ., deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the lown of Southold; that said Notices were m~3~Jed at the United States Post Of- ficeat Southold, New York 11971 ;thatsa~idpersonsh~ (certified) (~lelf6~) mail. Edward John Boyd Sworn to before me this 5th day of August ,19 Notary Pu~' ERIKA TAGGAI~ N~TARy I~UILiC, Stere hie. 472~2~3 (~uelified in Suffelk 7 15,6 A(c) tO Eudd s Pona 28 2.5~ (c) 225 RD SEE SEC NO 33 LiNE ,FF SEC ND 3~6 Reajf N. 67' 04-' ZO" t~. l 9'7.09 Kogo N.68' 3I' i rUATE AT UTHOLD F .SOUTNOLD, 'SUoo,$ , PO/vD GUAEANTEED TOTNE U.S. LIFE TITLE INSOI~ANCE CCMPAkI¥ AND TO THE VAN TUYL Ltl L,. 0 vi o