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Home My WebLink About2759 O O TOWN OF SOu'Jt'nOLD. NEW YORK ACTION OF 'x'~IE ZONING ~OAKD OF APPEALS Appe~No. 2759 Applicati0n Dated October 29, ]980 ACTION OF TH~ ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Kramer and DePetris Agency, Inc. 54985 Main Street Southold, NY 11971 Appellant November at a meeting of the Zoning Board of At)peals on was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance A r t. V I, ( ) 20, 1980, Sec. lO0-60C(2)(b) the appeal granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed beeanse Public Hearing: 7:45 p.m. Application of Kramer and DePetri$ Agency, Inc., 54985 Main Street, Southold, NY for a Variance to the Zon'ing Ordinance, Article VI, Section 100-60C(2)(b) for per- mission to place letters (identification signs) on side of building known as 54985 Main Street, Southold, NY; bounded north and east by Rich; south by S.R. 25; west by Ryan. County Tax Map Item No. 1000-62-1 -5. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties hardship because (SEE REVERSE SIDE) (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 (SEE REVERSE SIDE) (would not) 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. FORM ZB4 ZONING BOARD OF APPEALS O · After investigation and inspection, the Board finds and determines as follows: Appellant has appealed to this Board seeking a variance to place g" black letters on side of building identifying "insurance" and "haircutter". There were no existing ground signs on the subject premises. The Board finds and determines that the relief requested in relation to the Code requirements is not substantial; that if the variance is granted no substantial detriment to adjoining proper- ties will be created; that the interests of justice will be served by the granting of the relief requested; that no adverse effect is produced on available governmental facilities of any increased population; and that no substantial change will be produced in the character of the neighborhood. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that a variance in Appeal letters on the east application. Kramer and DePetri~ A~ency~ Inc. be granted No. 2759 for permission to place 9" black side of building as specified in the subject Location of property: 54985 Main Street, Southold, NY; bounded north and east by Rich; south by S.R. 25; west by Ryan; County Tax Map Item No. 1000-62-1-5. Vote of the Board: Ayes: Messrs. Douglass, Doyen, Goehringer and Sawicki. Absent was: Mr. Grigonis. ApPY, uVED RE 2EIVED AND FILED BY Tt'iE SOIIiiiOLD TO,TN C VLEBI~ DATE / ~/~D Town Clork, Town ~outholcl' L LEGAL NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following matters will be held for public hearings by the Board of Appeals, Town of Southold, at Town Hall, Main Road, Southold, New York on Thursday, November 20, 1980: 7:35 p.m. Application of Joseph and Amelia Smulcheski, Carole Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-32 for permission to construct garage in the front and/or side yard area. Location of property: Hass, east by Carole Road. 140 Carole Road, Southold, NY; bounded north Arshamomaque Pond, south by Hrebok, west by County Tax Map Item No. 1000-52-2-5. by 7:45 p.m. Application of Kramer and DePetris Agency, Inc., 54985 Main Street, Southold, NY for a Variance to the Zon_~in_~Q_~ Ordinance, Article VI, Section lO0-60C(2)(b) for permission to place letters (identification signs) on side of buil~iQg known as 54985 Main Street, Southold, NY; bounded north and east by Rich; south by S.R. 25; west by Ryan. County Tax Map Item No. 1000-62-1-5. 7:50 p.m. Application of Charles and Margaret Wells Avenue (Road), Southold, NY for a Variance Mebus, 2145 to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in side and/or front yard area at 2145 Wells Avenue (Road), Southold, NY; bounded north by Benson and West Hill Road; east by Benson; south Wells Road; west by Wells Road. County Tax Map No. 1000-70-4-21. by Edson and Item 8:05 p.m. Application of Jack J. Stukas, by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval LEGAL NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the Provi- sions of the Amended Code of the Town of Southold. the fol- lowing matters will be held for public hearings by the Board of Appeals, Town of Southold, at Town Hall, Main Road, Southold, New York on Thurs- day, November 20, 1980: 7:35 p.m. Application of Jo- seph and Amelia Smuleheski, Carole Road, Southold, NY for a Variance to the Zoning Ordi- nance, Article III, Sections 100~31 and 100-32 for permis- sion to construct garage in the front and/or side yard area. Location of property: 140 Carole Road, Southold, NY; bounded north by Rass, east by Arshamomaque Pond, south by Hrebok, west by Carole Road. County Tax Map Item No. 1000-52-2-5. ~!45 n.r/L ~on of ~r~mer an~DePetris Abeney~ -- '~ain Streei~'~uOn-~ -o~d ~Y for a Variance to the Zoning Ordinance, ~Artic~Vl, Section 100-60C(2}lbi for per-- mission to place letters ( ide -nl~_ -ification sizns)~n ~.id~' '~fil~{fik.k~gwn_~ 54985 Main~ Street, Southold, NY; bound~L_ 0orth and east by Rich; south . by S.R. 25; west by Ryaff. County Tax Map Item t 1~00-62-j -5. 7:50 p.m. Application of Charles and Margaret Mebus, 2145 Wells Avenue (Road), Southold, NY for a Variance to the Zonin~nce, Article III, Section 100-32 for permis- sion to construct accessory building in side and/or front yard area at 2145 Wells Ave- nue IRoad), Southold, NY; bounded north by Benson and West Hill Road; east by Ben- son; south by Edson and Wells Road; west by Wells Road. County Tax Map Item No. 1000-70-4-21. 8:05 p.m. Application of Jack J. Stukas, by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article COUNTY OF SUFFOLK, 1 STATE OF NEW YORK, ? ss: J ...J.o..~.~..~.v.~..~.a.¥.~.o.n. .................. being duly Sworn, says that .~t~l.e..., is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper publ/shed at Greenport, in said county~ and that the notice, of which the t~exed is u printed copy, has been published in the sa/d Suffolk Weekly Times once in each week, tot ..... O..~.e. .................. weeks successively commencing on the .. (>~;h .................... dn,, of . .Eg?..e.m.b..e:g. ......... 19.,8.Q west ann sOUth by Wurmeweta Pond; east by O'Keefe. County ................................... ~'" · · ' · Tax Map ltem No. 1000-111:-14-m to before me this ...6..~.h. .... 29. 9:25 -p.m. Application of ~ . ~l. oy~Jll'~f~,l~.. 19. ~.0, J James Wheeler, by William H. ~ ..... Price, Jr., Esq., Front Street, .~..~. Greenport, NY for a Variance ...................... to the Zoning Ordinance, Art- icle III, Section 100-31 for approval of insufficient area. Location of property: South- east corner of Kenney's Road and Chestnut Road, Southold, NY; bounded north by Chest- nut Road; east by Diekerson, Wheeler, and Conway; south by Dioca, Pierre, and Price; west by Kenney's Road. Coun- tyTax Map Item No. 1000-59,3- 10 and 11. Dated: October 31, 1980. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS ITN6-3M7 HELEN K P£ VOE NOTARY PUBLIC, State ol New York No. 4707878, Suffolk Count,/ ~errn Expires March 30, LEGAL NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of South- old~ the following matters will be held for Public hearings by the Board of Appeals, Town of Southold, at Town Hall, Main Road, Southold, New York on Thursday, November 20, 1980: 7:35 p.m. Application for Joseph and Amelia Smul- cheski, Carole Road, Southold, NY ~for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-32 for permission to construct garage in the front and/or side yard area. Location of property: 140 ' Carole Road, Southold, NY; bounded north by Hass, east 'by Arshamomaque Pond, south by Hrebok, west by Carole Road. County Tax Map Item No. 1000-52-2-5. .. 7:45 p.m. Application__of ~ Kramer and DePetris Agency,__.~ --S~-i-E~F~; NY.fo.~ a_ yarianqe to~ ..... 9iT~-~-c~ion 100-60C(2) (b) fo ~ut .h0Ld~,~ ~N¥1b-°~u-n~du-~th ~--~lf~a~-~i _b.y_Ric~ south by S.R. 25; west by R_yan.__ ~--~--p.m. Application of Charles and Margaret Mebus, 2145 Wells Avenue (Road), Southold. ltY for a Variance to property: wunneweta POng; Nassau Point, Cutchogue, NY; bounded north, west and south by Wunneweta Pond; east by O'Keefe. County Tax Map Item No. 1000-111-14-29. 9:25 p.m. Application of James Wheeler, by William H. Price, Jr., Esq., Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article HI, Section 100-31 for approval of insufficient area. Location of property: South- east comer of Kenney's Road and Chestnut Road, Southold, NY; bounded north by Chest- nut R~ad; east by Dickerson, Wheeler, and Conway; south by Dioca, Pierre, and Price;' west by Kenney's Road. County Tax Map Item No. 1000-59-3-10 and 11. Dated: October 31, 1980 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS IT, 11/6/80 (8) COUNTY OF SUFFOLK STATE OF NEW YORK SS: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in. Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ............... I ........................ weeks successively, commencing on the ...... .~. ........................... Sworn to before me this '~7 day of Noliar~ Public CLEMENq' j. THO~¢P$ON NOTARY Pd~LIC, State of New ¥or~ ;!;, 52-~J21725 Msiding in S~olk ~uai~ ~ FOEM NO. 3 0 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................. Date ....................................................... ~ c~..~... , 19~ ....... ::::: .................... ========================== for permit to construct .................. ~ ........ ~ ........... ~t tNe premi~e~ located ~t .................................... Mop .................................... Block ............................................ Lot ................................................ is returned herewith and disapproved on the follow;ng grounds ...... ..~....(~.~....'f~.,.~ ..................... ~..~.~L:........~.......~......~..~..~......~....~.....~L...~ ............... .~.~........' ~ ....... ~.~.~.~ ....... ~......~.....~.....~.~ ...... ~.~....:...~.....~ .......... -" .~.~.....~..,~......~.~ ....... ~ .............. ~ ....... !.~L>.c..~..£.~.)...~ ......... Building Inspector 0 O TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~ '~"'~' DATE TO THE ZONING BOARD OF APP~E~LS, TOWN OF SOUTHOLD, N. Y. ~, (We).~.~...'Z~..~..~a~.~.~.~.~.~.~of ~...e..(...~.~.Z~.~.~ .............................. Name of Appell~t / / Strut a~ Numar .................. ........ .: ...................................... ........ Municipali~ 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 per.it / ~ of ....~..-~.~....~..~..... ~..,~.../...n......~./.~.. ................./('-"~ . .~.~..~ ....~........~...~/.... L/~.. Z/' ...... Street and Number Municipality Sta~d' ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ,. LOC^T,ON OF T~E PROPERW .~~..Z~.Z~...~.: ................... ~ ....... , ........................ Street Use District on ZOning Map ...... ./..o..~..0....-../,.~..-J....~..~.. ................................... 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.) 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 (4~s~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ) request for a special permit '~ ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~ Variance to the Zoning Ordinance ( ) is requested for the rea~on that ~t~ (,,t~l~'~/ ~'-~-o /~_ /¢~-~')~ ~',~.,~ Form ZB1 (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 prope~rty and in this use district because "~. ~::::/~/7~' ~ ~""~x~/' ' "' 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW...YORK ) couNw Sworn to this ................ ,~..,,~,....~. ..... day NOTARY PUBLIC, State (d New Yoit #o. 62-8125850, suffolk ~ TenT, Eatpirea Mardt 30, 19~-.(,,/ Board of Appeals Town of Southold COUNTY OF SUFFOLP · "' ~ J'?:':3 DEPARTMENT OF PLANNING (516) 360-5513 LEE £. KOPP£LMAN DIRECTOR OF P~.AHNING November 25, 1980 Pursuant to the requirements of Sections 1323 to ].332 of the Suffolk County Charter, the following applications which bare 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. Spplicant Joseph & Amelia Smulcheski Jack J. Stukas amer '& DePetris Agency, Inc. Municipal File Number 2741 2758 2759 CG~l:Jk Very truly yours, Lee E. Koppelman Director of Planning CH;Et: PLANNER O TOWN CLERK 7653783 Building Dept. Planning Bd. 765-2660 Board of Appeals 765-1809 TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the ...B.O..a.r.d..0..f..A.p.p..e.a.l.s. ............... of the town of .... S.o..u.t.h.o. ! ~ ................. (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ................ New and recodified zoning ordinance ................ Amendment to the zoning ordinance ................ Zoning changes Appeal No. 2759 Kramer & DePetris Agency, Main Road Southold, NY 11971 Inc, ................ Special permits ..~ ......... Variances Art.. VII Section 100650C(2) Location of affected land: ..5..~,~.~...~.~.~J.J~...R.0.~.d..,....~.~l.~.h.Q]..~.., .......l..0..0..q -...6..2..."..~..~..5. ............................. within 500 feet of: (check one or more) ................ Town or village boundary line, or shore line ..X...X. ......... State or county road, parkway or expressway S.R. 25 ................ State or county park or recreation area ................ Stream or drainage channel owned by the county or for which the county has established channel lines. ................ State or county owned parcal on which a public building is situated ~mme ~' Public Hearing and decision 11/20/80. or'~6tter signs on east side of building in applied for. Permission was granted 9" black letters as ll/J~//80 Date: ................................................... Date received by Suffolk County Planning Commission .................................................................................... File No ................................. So th Id To Bo rd Is ,( u 0 wn a SOUTHOLD' L. !., N. Y. TELEPHONE (516} 765-1809 APPEALS BOARD MEMBERS ROBERT W. Gl LLISPI E, JR., CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, JR. TERRY TUTHILC ROBERT J. DOUGLASS MINUTES Southold TOWn Board of Appeals May 3, 1979 A regular meeting of the Southold ToWn Board of Appeals was held at 7:30 P.M. (D.S.T.) Thursday, May 3, 1979, at the Town Hall, Main Road, Southold, New York~ There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Charles Grigonis, Jr.; Serge Doyen, Jr.; Terry Tut~ll and Robert J. Douglass. On motion by Mr. Gillispie, seconded by Mr. Douglass, it was RESOLVED, that the Southold Town Board of Appeals approve minutes for the March 12, 1979, meeting. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen, Tuthill and Douglass. On motion by Mr. Gillispie, seconded by Mr. Douglass, it was RESOLVED, that the South°ld Town Board of Appeals approve minutes for the March 19, 1979, meeting. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen, Tuthill and Douglass. PUBLIC HEARING: Appeal No. 2537 - Upon application of Wayne A. and Kathleen A. DePetris, residing at Clearview Avenue, Southold, New York, and John J. and Valerie Kramer, residing at 6 Klm Avenue, Smithtown, New York (Edward J. Boyd, V., Esq.) for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-71 and Bulk Parking Schedule for permission to divide property with insufficient area and width and for permission to construct a building with insufficient side yards. Location .'SOUTHOLD TOWN BOARD OIAPPEALS -2- ~y 3, 1979 of property: Main Road, Southold, New York, bounded on the north by Rich; east by Rich; south by Main Road (State Road 25); west by Scott Ben Corp. The Chairman opened the hearing by reading the application for a variance to the Zoning Ordinance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman'also read a letter from the Town Clerk that notification by certified mail had been made to: Frederick P. Rich and Scott Ben Corp. THE CHAIRMAN: The application is accompanied by a sketch giving a possible plot plan arrangement for the use of this property which is 50 feet by 150 feet, approximately 7,500 square feet. Is there anyone present who wishes to speak for this application? EDWARD J. BOYD, ESQ: Gentlemen you have in the papers that have been submitted the applicants' reasoning relative to this particular piece of property. As you can appreciate this a two step procedure we are going through. First, we must receive from you permission to set aside a parcel of property which was quite inadvertently joined in 1967 by the Ryan's who own a piece of property immediately to the west of the subject property. The second part of the application has to deal with the parcel does not have the required width or the required square footage area. THE CHAIRMAN: Excuse me. The phrase is often used "quite inad- vertently joined". I would like to know how Mr. and Mrs. Ryan would have separated the two parcels. ~ MR. BOYD: One way to do it is put to the two parcels in different names. THE CHAIRMAN: If they could have forseen that zoning would have been modified requiring 20,000 square feet for business zoning in a light busi- ness zone. MR. BOYD: they known. There are numerous ways they could have avoided that if THE CHAIRMAN: That is what you mean then. MR. BOYD: In 1967 people were not as atuned to that requirement. THE CHAIRMAN: We always get this argument on merged lots, and I think it is true that people did not realize what would h~ppen to two adjoining lots. MR. BOYD: I would be hard pressed to make that argument for someone who purchased property in the past couple of years. There have been so many cases of exactly this type. We are dealing with a 1967 purchase here. As I was saying the second part of the application has to do with the lot which if set aside is undersized for this business district. Colonial Village has plantings placed along the lot line where this property has (~ SOUTHOLD TOWN BOARD O~PEALS -3- by 3, 1979 set out. We have a survey of the property which shows the actual size of the property. THE CHAIRMAN: When we~were inspecting the property we saw the electrical pole and the fire hydrant. How are you going to cut the driveway around these things. We see that the driveway is going to go on the easterly side of the property. Is the Southold Fire Department going to help you with the fire hydrant? MR. BOYD: When the office building is actually constructed we will be dealing with the Greenport Water Department who will move the fire hy- drant to the west near the electrical pole. Now there are some plans for relocation of the LILCO poles on Main Street so that might be moved to the west a few feet. We aren't sure about that. We have also corresponded with the County concerning a curb cut. That will also be handled at the time of construction. THE CHAIRMAN: What about parking? It states here you have room for 6 cars in the rear of the building to be constructed. MR. BOYD: Mr. Fisher is writing a letter to the Planning Board con- cerning that for us. We are scheduled for the Planning Board next Tuesday night at 9:30 P.M. THE CHAIRMAN: Is there anyone who wishes to speak against this application? (there was no response). After investigation and inspe'ction the Board finds that the applicants request permission to divide property with insufficient width and'area for a business zoned parcel of property. The applicant also requests permission to construct a small office building with insufficient side yard setbacks. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Gillispie seconded by Mr. Grigonis, it was' RESOLVED, that Wayne A. and Kathleen A. DePetris, residing at Clear- view Avenue, Southold, New York and John J. and Valerie Kramer, residing at 6 Kim Avenue, Smithtown, New York, be GRANTED permission to set off a lot with insufficient area and width and be GRANTED permission to construct an office building with insufficient side yard setbacks. Location of prop- erty: Main Road, Southold, New York, bounded on the north by Rich; east by Rich; south by Main Road (State Road 25); west by Scott Ben Corp, subject to the following: ~1) Approval of the Planning Board concerning adequate parking. (2) Suffolk County Planning Commission Approval. Notice of Hearings for 11/20/80: Published in the local and-official newspapers on 11/6/80. Copies of legal notice mailed to applicants or their agents on 11/7/80: Mr. and Mrs. Joseph Smulcheski Mr. John Kramer, Kramer & DePetris Agency, Inc. Mr. and Mrs. Charles Mebus Rudol. ph~J. Bruer, Esq., attorney for Mr. Jack J. Stukas Mr. William Hatfield, d/b/a Northeast Enterprises, Inc. Gary Flanner Olsen, Esq., attorney for Mr. Richard Anderson William H. Price, Jr., Esq., attorney for Mr. James Wheeler Southold Town Board of Appeals MAIN ROAD; STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11g'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS. JR., CHAIRMAN SERGE DOYEN. JR. T~';';,;;, ',' TUT'.::LL ROBERT J. DOUGLASS GERARD P. GOEHRINGER TYPE II ACTION DESIGNATION NEGATIVE DECLARATION Joseph H. SawickiNoTiCE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT Pursuant to Section 617.13 of the New York State Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Town Law of the Town of Southold, Section 44-4B, the Southold Town Board of Appeals has determined that the following project is classified as a Type II Action not having a significant effect on the environment and will not require any other determination or procedure~ under the N.Y.S. Environmental Quality Review Act. DESCRIPTION OF PROJECT Appeal No. 2759. Application of Kramer and DePetris Agency, Inc., b498b Main Street, Southold, NY 1197]. Location of Project: 54895 Main Street, S0uth0ld, NY. Permission Requested: To place letters (signs) on side of building known as 54895 Main Street, Southoid. Date .of Public Hearing: November 20, 1980 at 7:45 p.m. Documents on File: Appeal Application, Notice to Adjoining Neighbors, Affidavit Attesting to the Mailing of said Notice, surveys and/or sketches of the proposed project, Notice of Dis- approval from the Building Inspector, Legal Notice of ]{earing, Environmental Assessment in the Short Form, Section of the County Tax ~ap.showing the subject property, & other documents as may be requlrea. Person to Contact for More Information: Mrs. Linda Kowa'-ski, Secretary, Board of Appeals, Southold Town Hall, Main Road, Southold, New York 11971; tel. (516) 765-1809. Dated: October 31, 1980. O O ~K JUDITH T. TERRY · TOWN ~LERK R~G1STRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 October 30, 1980 TO; SouthOld Town Zoning Board of Appeals From: Judith T, Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2759 application of Kramer and Depetris Agency, ~nc. fera variance. Also included are notification to adjoining property owners as fellows: Frederick Rich, Colonial Village, Sguthold, N.Y. 11971; Renald & M~gnon Ryan, Main Street, Southold, N.Y. ~dith T. ~e~ry ToE Clerk ~TT/bn Enclosures FORI~ this short EAF it is assumed that the preparer v/ill 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 Environmental Assessment Form is necessary. (c) )f oil questions have been onsv/ered No it is likely that this project is not significant. . '.' (d) Environmental Assessment .. 1. Will projec~ resuit'"in o large physical change to the project site or physically alter more than l0 acres of: land? ........................ 2. Will there'be a major change to any unique or -unusual land ~orm found on the sit~? .......... Yes, J 3. Will project alter or have a large: effect on . existing body of water? ....................... , ¥~s 4.. Will p~oject have o potentially large impact . Yes on groundwater quality? ....................... . 5. Will pro']ec~ significantly effect drainage flo~,l on adjacent sites? ........................ ,,¥es~-~ ~. Will project affect any threatened or endangered plant or animal species? ........... , 7. Will project result in o major adverse on air quality? .............. ' ................. 8. Will p~ojec~ hove o mojo~ e~fec~ on visual cho~octe~ o~ ~he communi~ o~ scenic views o~ vis~os known to:be important ~o the communi~?. 'Yes ~o ~. Will project adve~selv ~mpac~ any si~e o~ .' s~ructu~e o~ his¢o~ic~ p~ehis¢o~ic or paleontological importance o~ any si~e designated as o c~i~ico} environmental o~eo by y? .................... o }oeo1 agent ....... ' ............... ~. Yes }0. W~}~ p~o~ec~ have a mo]o~ e~fec~ on ex~s¢$hg Yes o~ future recreational opportunities? ......... o~ cause o mo~o~ e~ec¢ ~o ex-~s~ng Yes ~onsporta~on systems? ....................... , }2. W~}} p~o~ec~ .~egu~a~}y cause objectionable odo~s/ no,seI' g}a~e~ v~bra{~on~ o~ e}ec~co~ d~sturbonceos o result o[ the p~o]ec¢~s opera¢$on? ' Yes 13 Willproject have any impact on public heallh or.safely? ....... ... · ' di~eclly causing o grovilh ~n permonen¢ populolion of mo=e thom 5 percegl ove~ a one ~ea~ period o~ have o mo]of negalive e~ec~ on lhe characler o[ lhe communily o~ neighborhood? ................................. .. ,. ..Yes 15. ls ihe~e public conlrov~sy conce~nlng ihe · PREPARER'S SIGNAT~RE~~ ~~ (Today ' s ~at~) To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of ~7~r~. ~/--r~ 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 ati: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.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : : NOTICE : to th~e~n_a~r_d~of Appeals of the Town of Southold : 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~ ~-xcct~t~aT.) (Special Permit) (the following relief:-7-& 2. That the property which is the subject of ]tJ~,e Petition is located adjacent to your property and is des- 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: 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: Petitioner Post Office Address NAME PROOF OF MAILING OF NOTICE ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ~ ~--, ,//r~,':~'~.~.-..-- , residing at ,/~ ./',~ ,~ ~ ~ ~ ~ , being duty sworn, deposes and says that on the ~ day of ~ ~ ,19 _~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite thor respective name; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the curren~ss~ol~the Town of Southold; that said Notices were mailed at the United States Post Of- (certified) (r~ail. day of ~ ~ ~ ~9 ~ ~ ho~arv-~i~ v - - - RUDOLPH H. BRUER Notary Public, State of New Yo~k No. 52-0465530 QuaEfied in Suffolk County Commission Ex~ires March 30. 1981 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of NOTICE to the Board of Appeals of the Town of Southold T O: 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 re~,uest a tx~-.; .... ~ tc,,~,--i~! F~xcep,q~n (Svecial Permit) (the following relief: 7~//~,q~ 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: ~ ~ ~ I q --~ 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief:~l-o /,,ir I--, . 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the tinder- signed are: 6. That within five days from the date hereof, a written Petition requesting the relief specified above will he filed in thc Southold Town Clerk's Office at Main Road, Southold, New York and you may 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 nthe Lon8 Island Traveler-MattituckWatchman, newspapers published in the Town of $outhold and designated for the publication of such notices; that you or your representative have the ri~bt to appear and be heard at such hearing. Petitioner Post Office Address PROOF OF MAILING OF NOTICE NAME ADDRESS STATE OF NEW YORK ) COUNTY OFSUFFOLK) SS.: ~ ~o ~,-~ , being duly sworn, deposes and says that on the ~ ~ day of ~:~ ~_.~,"-'- ,19 ~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the currer~z,~ssessment ro~Lof the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ~3 c-<-~f~7~O L ~ (certified) (re'~a~L~d) mail ; that said Notices were mailed to each of said persons by I. 2 A Legend ---.p- ~ J Pa,cci No '~:' 23 ,~ Deed A~ee ,,