The URL can be used to link to this page

Home My WebLink About2634 Legal Notice of Hearings November 15, 1979 9:10 P.M. (E.S.T.) Upon application of Fishers Island Development Co., Fishers Island, New York for a Special Excep- tion to the Zoning Ordinance, Article III, Section 100-30 for permission to construct multiple dwelling with three units to house personnel. Location of property: Fishers Island, near Fishers Island Country Club, New York; more particularly known as part of suffolk County Tax Map ~1000-001-01-02 and part of County Tax Map ~1000-001-01'3.1. 9:25 P.M. (E.S.T.) Upon application of Gwynneconstruction corp., 163A Montauk Highway West, Hampton Bays, New York for a Variance to the Zoning ordinance, Article VII, Section 100-70 for permission to change use to include residential use in B-1 Zone. Location of property: 6355 Main Road, Laurel, New York; bounded north by Mattituck Holding Co., south by Maston, east by Main Road, west by Long Island Railroad. 9:40 P.M. (E.s.T.) Upon application of Vernon~ and Sally Jacobs, Gillette Drive, East Marion, New York, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition with insufficient sideyard. Location of property: 1165 East Gillette Drive, East Marion, New York; bounded north by Manor Grove Corp., south ~y Schmidt, east by Cedar Lane, west by East Gillette Drive. 9:55 P.M. (E.S.T.) Upon application of Lim-Con Enterprises, 1455 Veterans Memorial Highway, }{auppauge, New York for a Special Exception to the Zoning ordinance, Article VI, Section 100-60 for permission to construct sign exceeding height limitations. Location of property: Main Road & Factory Avenue, Mattltuck, New York; bounded north and east by Bethany Cemetery Association, south by Main Road, west by Factory Avenue and Ardprop, Inc. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS p~ease publi~ once November 8, 1979 and forward ~ affi- davits of publication to: Board of Appeals, Town Mall, Main Road, Southold, NY 11971 before November 15, 1979. LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Town Law, Sec- tion 267 and Provisions of the Amended Building Zone 0r- dinance of Soathold Town, New York, public hearings will be held by the Zoning Board of Appeals, Town Hall, Main Road, Southold, New York, on Thursday, November 15, 1979 on the following: 8:05 P.M. (E.S.T.) Upon application of Mattituck Hold- ing Co., Mill Road, Mattituck, New York for a Special Ex- ception to the Zoning Ordin- ance, Article VIII, Section 100-80(b) (15) for permission to construct a boat storage shed. Location of property: West Mill Road, Mattituck, New York; bounded north by Holmes & FABian, south by Foady, Ziegler & McGunnigle, west by Leo Grande and Inlet Lodge Inc., east by Mattituck Creek. 8:10 P.M. (E.S.T.) Upon application of Kiwanis Club of Southold, Box 150, Peconic, New York, for a Special Ex- ception to the Zoning Ordin- ance, Article III, Section 100- 30(b)(4) for permission to PmlaCe building for charity use a residential district. Loca- tion of property: Route 25 and Lower Road, Southold, New York; bounded north by Lower Road, south and west by Route 25, east by Goldsmith. 6:35 P.M. (E.S.T.) Upon application of Eileen M. Lem- beck, 447 Greene Avenue, Say- ville, New York for a Variance to the Zoning Ordinance, Art- icel III, Section 100-31 for permission to construct dwel- ling with insufficient front and rearyard setbacks. Location of property: Deerfeat Path, Cutchogue, New York; bound- ed north by Fitzpatrick, east by Deerfoot Path, south by Jester, west by Leskody. 8:45 P.M. (ES.T.) Upon application of Janet Halver- son, c/o A. Tyrrell, Box 14, Orient, New York for a Var- iance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct dwel- ling with insufficient side- yards. Location of property: Founders Path, Southold, filed map #83¢, lot #67; bounded north by Diana, south by Tempel, east by Shanks, west by Founders Path. 9:00 P.M. (E.S.T.) Upon application of Delmer NuMer, Cedar Drive, Southold, New York for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to divide property with insuf- ficient area and width. Loca- tion of property: 600 Cedar Drive, Soathold, New York; bounded north by Boggiano, south by Bloore & Thilborg, east by Summer Lane, west by Cedar Avenue. 9:10 P.M. (E.S.T.) Upon application of Fishers Island Development Co., Fishers Is- land, New York for'a Special Exception to the Zoning Ordin- ance, Article III, Section 100- 30 for permission to construct multiple dwelling with three units to house personnel. Lo- cation of property: Fishers Island, near Fishers Island Country Club, New York; more particularly known as part of Suffolk County Tax Map #1000-001-01-02 and part of County Tax Map #1000-001-01- 3.1. ~_p~lication of Gwynne Con- Bh~s, NeVff~irb~k for a Van- ance to the Zoning Ordinance, Article VII, Section 100-70 for permission to change use to include residential use in B-1 Zone. Location of property: 6555 Main Road, Laurel, New York; bounded north by Mat- titock Holding Co., south by Maston, east by Main Road, west by Long Island Railroad. 9:40 P.M. (E.S.T.) Upon application of Vernon and Sal- ly Jacobs, Gillette Drive, East Marion, New York, for a Variance to the Zoning Ordin- ance, Article III, Section 100- 31 for permission to construct addition' insufficient side- yard. Lo,._.,na of property: 1165 East Gillette Drive, East Marion, New York; bounded north by Manor Grove Corp., south by Schmidt, east by Cedar Lane, west by East Gillette Drive. 9:55 P.M. (E.S.T.) Upon application of Lim-Con Enter- [TY OF SUFFOLK. ] prises, 1455 Veterans Memor- l/: OF NEW YORK. ~ ss: ial Highway, Hauppauge, New / York for a Special Exception to the Zoning Ordinance, Art- J0/~ C-TTST~-VS0~r icle VI, ~tion 1~ for ................................. ~ing duly Sworn, ~rm~sina to co~tmct sign ~hat .SUE. is Printer and Publisher of ~e SUFFOLK exc~ing height limi~tio~. ' ' ' L~afion of pro~y: Main ~LY TIMES, a news~per publish~ ~ Greenport, in said R~d & Facto~ Avenue, Mat- ~ck, N~ York; ~nd~ n~th and east by Bethany ~I and ~at the noti~, of which ~e ~e~ is a print~ Cemeto~ ~s~iation, south by Main R~d, w~t by Fac- ~s ~en published in the ~d Sufblk Week~ Times to~ Avenue and A~prup, Inc. BYO~EROF .n each w~k, for . .0~ ...................... w~ks T~ SOUTHOLD ~ i ~h ~h TOWNBOA~ ~sively commencing on ~e .......................... OF~PEA~ [ Novembe~ ..... 19 79 1TN~ Sworn to ~f~e m~ t~is' ..~ ..... :. I LEGAL NOTICE Notice of Hearings Pursuant to Town Law, Section 267 and Provisions of the Amended Zoning Ordin- ance of Southold Town, New York, public hearings will be held by the Zoning Board of Appeals, Town Hall, Main Road, Southold, New York, on Thursday, November IS, 1979 on the following: 8:3S P.M. (E.S.T.) Upon application of Eileen M. Lorn- beck, 447 Greene Avenue, Sayville, New York for a Variance to the Zoning Ordin- ance, Article IH, Section 100- 31 for permission to construct dwelling with insufficient front and rearyard setbacks. Loca- tion of property: Deerfoot Path, Cutchogue, New York; bounded north by Fitzpatrick, east by Deerfoot Path, sonth by Jester, west by Leskody. 8:45 P.M. (E.S.T.) Upon application of Janet Halver- son, c/o A. Tyrrell~ Box 14, Orient, New York for a Vari- ~ance to the Zoning Ordin- ance, Article III, Section 100- 31 for permission to construct dwelling with insuff~cient side- yards. Location of property: Founders Path, Southold, filed map //834, lot //67; bounded north by Diana, south by Tempel, east by Shanks, west by Founders Path. 9:00 P.M. (E.S.T.) Upon application of Delmer Nuhfer, Cedar Drive, Southold, New York for a Variance to the Zoning Ordinance, Article HI, Section 100-31 for permission to divide property with in- sufficient area and width. Location of property: 600 Cedar Drive, Southold, New York; hounded north by BOg- giano, south by Bloore & Thilberg, east by Summer Lane, west by Cedar Avenue. 9:10 P.M. (E.S.T.) Upon application of Fishers Isl~and Devciopment Co., Fishers Is- land, New York for a Special Exception to the Zoning Ordin- anco, Article III, Section 100- 30 for permission to construct multiple dwelling with three units to house personnel. Location of property: Fishers Island, near Fishers Island Country Club, New York; more particularly known as part of Suffolk County Tax Map #1000 -001-01-02 and part of County Tax Map #1000-001-01-3.1. 9:25 P.M. (E.S.T.) Upon application of Gwynne Con- Struction' Corp., 163A~ M$n- 'ia~uk Ht~hwa}' West, Hampton ~s,~l~ew York for a Variance to the Zoning Ordinance, Article VII, Section 100-70 for permission to change use to include residential use in B-1 Zone. Location of property: 6355 Main Road, Laurel, New York; bounded north by Mat'ti- [tuck Holding Co., south by Mason, east by Main Road, west by Long Island Railroad. 9:40 P.M. (E.S.T.) Upon application of Vernon and Sally Jacobs, Gillette Drive, East Marion, New York, for a Variance to the Zoning Ordin- anco, Article IH, Section 100- 31 for permission to construct addition with insufficient side- yard. Location of property: 1165 East Gillette Drive, East Marion, New York; bounded north by Manor Grove Corp~, south by Schmidt, east by Cedar Lane, west by East Gillette Drive. 9:55 P.M. (E.S.T.) Upon application of Lira-Con Enter- prises, 1455 Veterans Memor- ial Highway, Hauppange, New York for a Special Exception to the Zoning Ordinance, Article VI, Section 100-60 for per- mission to construct sign ex- ceeding height limitations. Lo- cation of property: Main Road & Factory Avenue, Mattituck, New York; bounded north and east by Bethany Cemetery Association, south by Main COOhlTY OF SUFFOLK STAT~ OF NLm~V YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk CounW; 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 ~/ /3; Sworn to before me this ..... ~, ................ o0¥ ot Notary Public TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE $OUTHOLD, N. Y. NOTICE OF DISAPPROVAL /-/ ^ t~ ~'z-t~r,/ 7~n y.-c/ //~ "1'6 PLEASE TAKE NOTICE that your application dated ........................ ~' ........ ~', 1 ~Z'~ for permit to ~ ........................................~t the premises located at .................................... .~.~. ~.~......~.~.~ ........ ~q.~. ~. .......... Street A~U~L ~- ~ Block ~ Lot is returned herewith ~nd dls~ppr~ed_on the follow;ng grounds ....... ~.~..~..~..~. ...... ~ ....... ~.~.~...~..~.~.L.~..~.~/.'~ ....... ~zJ ........ ~.~.~.~ .................... ~.~.~...~.~.:? Building Inspector I,,15- I-- TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~ DATE ..?.,~ .o??..:....Z..0. :... ~ ? 9 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellant Street and Number Hem ton B.a~,s( Co~Ln.~. of Suffoa,k ....... ~ ............................................................................... ~.e..~....g.9.:..~. ........... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..~]~ml~..g.5....~3~ ................ WHEREBY THE BUILDING INSPECTOR DENIED TO (x) (x) ( ) GWYNNE CONSTRUCTION CORPORATION Name of Applicant for permit of . L6.~.~..t~,g~ ..~ ~,ghwng..Wn~ ~;, ..~n~r~.~n..~n,w, ..~n~..X~;~ ............................. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .6355./4aim.~a~..L~ure/~..~X..r.':~.~.':...C~L.D.u~.~%e.&.~ District Street Use District on Zoning MOp 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 (X) A VARIANCE to the Zoning Ordi~nce or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws Art 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~A)c.(bg~ .n~' b~en 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 (x) A Variance to ,the Zoning Ordinance is requested for ~d~~k permission to use the property for both residence and business purposes. The property with buildings and parking area as shown on a map of the premises by Burton & Hand, Engineers and Surveyors dated July 29, 1977, which is attached hereto as Exhibit A. Also attached hereto as Exhibit B is an excerpt of the Building Zone Ordinance Map of the Town of Southold for the subject premises. Porto ZB1 (Continue on 'other side) REASON FOR APPEAL O Continued O 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- ' sary HARDSHIP because your Petitioner, who has been in the custom home building business for 21 years in other areas of Long Island, in 1976 decided to erect a model home with ar office in Southold Town in order to show prospective customers in this area the nature and quality of your Petitioner's work. Your Petitioner built this model home and acces- sory storage shop building on the northerly side of Main Road, Laurel, New York, and re- ceived a Certificate of Occupancy dated August 29, 1977 for the use of san as a business building with accessory storage shop. On January 4, 1977 your Petitioner also received from the Building Inspector's Office of the Town of Southold a sign permit to construct a 32 square foot area identification sign. The portion of the building constructed as a model house contains 1,313 square feet of living space with an additional 400 square fee~ in an attached two car garage which is used as the office-showroom area. The living area of the model house contains three bedrooms, one and a half bathrooms, kitchen, dining room and living room with a fireplace. The one and a h~lf stozy frame_ barn on the rear of the premises contains 900 square feet and is used primarily for the storage of your Petitioner's building materials. Due to the economic conditions, in 1979 Petitioner's building business on the North For of Long Island came almost to a complete halt. Your Petitioner was forced to close the model home and office and seek alternative uses of this property. Since the spring of this year your Petitioner has been ~nable to either rent or sell the building as a busi- ness use because as previously indicated the structure was built as a model residential (CONTINUED ON ATTACHED SHEET UNDER %1) 2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate vicinity of this property and in this use district because the buildings are already erected on the property and due to its location are suited for beth a residential and business use. Further the subject premises contain the only model home in the Town of Southold which is located in a non-residential use. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the dwelling is already constructed on the premises, its use as both a business and residence will not affect the neighboring properties in that the neighborhood will stay basically tb~ same, In spite of the fact that the pro- perty is zoned "B-l" General Business District, the neighborhood is primarily one of a residential character because it is away from the main business area of both Laurel and Mattituck. The adjacent property to the west of Petitioner's property contains a wooden frame dwelling on the front portion of the property and a mobile trailer utilized as a resi- dence on the rear portion. The Long Island Railroad borders the property on the north, and to the east the land is zoned business but is vacant for a considerable distance along the easterly side of Main Road. Across the street on the south side of Main Road (State ~oute 25) the property is zoned "A" Residential and Agricultural and contains a large, two-story brick house. A residential/business use of your Petitioner's property will not increase the traffic on Main Road (State Route 25), and any customers for the business portion will use the already provided ample off-street parking area in the rear of the building. Due to your Petitioner's unique circumstances, the property's present (CONTINUED ON ATTACHED SHEET AS %3) STATE OF NEW YORK ) ) ss COUNTY OF $OPFOLK ) Sworn to this ................... Z.~.. .....................doy Everett Fuchs, Vice-President of ............ .°.qgP. -be.r. .............................. 19 79 MAltY LOU DORO~KI liOT~RY PUBLIC, State ef New Ye~'k ~. ~-1~ ~ff~k APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOID, N.Y. BY GWYNNE CONSTRUCTION CORPORATION REASON FOR APPEAL (Continued) continued: home. The property is presently zoned "B-1 General Business District" and the permitted uses such as those of an agricultural nature as provided for in the zoning ordinance, or a boarding or tourist house, or for that matter for any permitted use such as office space, retail store, bake shop, personal service store or any type of shopping area are not feasible due to the existing con- figuration of the buildings and the topography of the land. The costs of renovating the building to an office space or business use would be between $15,000.00 and $20,000.00 depending on the exact nature of the proposed busi- ness use, coupled with the existing costs of the property make it economically prohibitive to accomplish. To date the cost of the property, building and improvements is approximately $86,000.00 which is about equal to its fair market value. Currently the Petitioner has a $45,000.00 mortgage which is held by The North Fork Bank & Trust Company. The real estate taxes for the 1978-79 tax year were $1,329.04. The monthly carrying charges for interest and amortization are $469.92 plus $211.00 monthly for taxes and fire insurance. The utility charges for oil and electricity average $110.00 per month bringing the total monthly carrying charges to $790.92 or a per annum total of $9,491.04. The property in its present form is not rentable and does not yield any income to your Petitioner. To stay within the conformity of the zoning uses of this district the property in its present form cannot yield a reasonable economic return. It will not set a precedent to allow a residential use as the building is already in existence as a house. There is no business justification for keeping the property as a model home, and your Petitioner has been unable to find a purchaser to use the building solely as a business use because of the high cost of renovation. Petitioner has found a purchaser who is willing to purchase the property in an "as is" condition for the sum of $90,000.00, providing the purchaser can utilize the living area of the house as a personal dwelling. The proposed purchaser is a Paul Gaydos, who operates Paul's Pine Place presently located on Love Lane, Mattituck, New York. This business sells small, unpainted articles of pine furniture and acces- sories. The Petitioner's building is ideal for this use and would require no renova- tion. The two car garage will be used as a showroom/office space, and the garage at the rear of the property will be used for storage of his p~oducts. The purchaser and his family will use the living portion of the model home as their residence. Economi- cally, this makes sense and would justify the cost of the property in relationship to both its business and residential use. Although the premises are vacant at the present time it is not economically feasible for your Petitioner to move the dwelling on to a residential site and the only other alternative your Petitioner would have would be to board the premises up which is not only unsightly, but invites vandalism. By allowing the property to be used as both a residence and a business purpose, it can be maintained in its present condition and would be an asset to the community. #3 continued: use solely for a business purpose will definitely not allow a reasonable economic return. To allow the building to remain vacant and subsequently boarded up will contribute to the decline of the neighborhood in general. The residential use being requested for these premises is compatible with the area and will not effect the over-all development plan of the Town of Southold. GWYNNE CONSTRUCTION CORPORATION Everett Fuchs, V~ce21~resident Town of Southold 'Board of Appeals 0 COUNTY OF SUFFoLP DEPARTMENT OF PLANNING LEE E. KOPPELMAN *DIRECTOR OF PLANNING November 21, 1979 Pursnant to the'requirements of Sections 1323 to 1332 of the Suffolk Cotmty 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 appr6val or a ~isapproval. Applicant Municipal File Number *Mattituck Holding Co. Fishers Island Development 'Co. Gwvnne ConstructioB Corn. Lim Con Enterprises 2615 2632 9~qA '2636 GGN:jk Very truly yours, Lee E. Koppelman Director of Planutng C[l;l'f PLANNER APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR. SERGE DOYEN, JR. TERRY TUTHI LL. ROBERTJ. DOUGLASSw Acting Chairman Southold Town Board of Appeals SDUTHOLD, L. I., N.Y. 119'71 TELEPHONE (516) 765-1809 December 12, 1979 Richard F. Lark, Esq. Main Road Cutchogue, NY 11935 Re: Gwynne Construction Corp. Appeal No. 2634 Dear Mr. Lark: At a regular meeting of the Southold Town Board of Appeals held December 6, 1979, please be advised that the following resolution was adopted amending Condition (1) in the subject appeal: On motion made by Mr. Douglass, seconded by Mr. Doyen it was RESOLVED, that regarding the Decision of this Board rendered November 15, 1979, in the matter of Gwynne Con- struction Corp., Main Road, Laurel, New York, Appeal No. 2634, Condition (1) shall be amended to read as follows: (1) That if the model home living area is used for residential purposes, then any business conducted on the premises must be conducted by the person(s) residing thereon. Vote of the Board: Ayes: Messrs. Douglass, Grigonis, Tuthill and Doyen Sincerely yours, Linda F. Kowalski Secretary BUILDING PERMIT SIGE (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL PULL COMPLETION OF THE WORK AUTHORIZED) 566 N? 9029 Z ~o,~ &n ~+ ..................................................... 197,7 Permission is hereby granted to: 1 63A 14ontauk tiwy W. Hampton ~ays erect and' maintsin ~round tO ...................... ; .................... ~...9....; ........... ~2.~.. ~.~ ~ p~s I~a~ at /o ~'~a~n Road ........................... .: .... Laurel Dist 1 1 [~ . ~nt ~ a~lkati~ ~t~ Jan ~ 19.~.~.., a~ approv~ by the ~:~'¥ 8 ~ ~ $.~ ....... ; ............. TOWN OF SOUTHOLD BUH,DING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy THIS CERTIFIES that the building located at . ~/S. ~Min. Raad..(RT2.~). Street conforms substantially to the Application for Building Permit heretofore filed in this office dated ! ~/J.2.~?.6..&.. ~ J~.~3/, 19 .~.~. pursuant to which Building Permft No. 9.0. dated ...... D.ec.: ..2.8 ....... , 19.7..6., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval . .M~.,~?.~....A.u.g..] .~..~.9.??...b.y..R.,...V~[la UNDERWRITERS CERTIFICATE No, ~333~6.7.... Apr. 19... ~ 9~.~. ................. HOUSE NUI~BE2 .... 63~. .... Street ... F~.tn.Road ..... Building Impeetorl JUDITH T. TERRY - TOW~ CLERK REGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 October 11,1979 JTT/bn cc:file Enc./ To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is iZoning Appeal No. 2634 application of Gywnne Construction Company for a variance. Also included are notification to adjoining property owners as follows: Long Island Railroad MTA, Jamaica Station, New York 11431; Mattituck Holding Company, Inc. c/o F.H. Pape, President, 370 Oakwood Road, Huntington, New York 11743; Bertha Maston, Mattituck, N.Y. 119521. Town C~udith Tie~r~ RICHARD F. LARK October 10, 1979 Mrs. Judith T. Terry Southold Town Clerk Town Hall Southold, New York 11971 RE: Petition of Gwynne Constructioh Company for Variance Dear Mrs. Terry: In connection with the above-captioned matter I enclose the following: 1. Application for Variance in triplicate. 2. Exhibit A: Map of premises dated July 29, 1977 by Burton & Hand, Engineers & Surveyors. 3. Exhibit B: Excerpt from the Building Zone Ordi- nance Map of the Town of Southold. Notice to Adjacent Property Owners with proof of mailing together with certified mailing receipts attached thereto. 5. Notice of Disapproval from the Building Inspector. 6. My check payable to the order of the Town of Southold in the amount of $15.00. If all is in order, please place this matter before the Board of Appeals so a date may be set for a public hearing. RFL/mld Enclosures JAMES Z. SCHWARTZ BUILDER CIRCA DESIGNS CUSTOM HOMES 163 A Montauk Hwy. W. Hampton Bays, N.Y. 11946 728-9221 P.O. Box 765 6355 Main Road Mattituck, N.Y. 11952 2984407 EVERETT J. FUCHS September 24, 1979 Town of Southold Building De~tment Main Road Southold, N.Y. 11971 RE:Model Site Certificate of Occupancy # Z 7861 Building Dept. #-90182 , 90192, 90292 Gentlemen, The Model site regarding above Certificate of Occupancy is closed and we are in the process of selling same.. We have a buyer who wishes to use the property both for business and residence. They wish to live in the model which contains 1300 square feet of living area. Would you issue a Certificate of Occupancy for a mixed residence and business use for the above p~ptg~y. Attached is a survey of said property. EJF/rs encl. Ver~ruly yours, ~ Everett J. F~c[~s - -- Vice President O TOWN CLERK 765-3783 Building Dept. Planning Bcl. 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 . .~.O.~...r.~..o.~..~_p~o..~..~.1.s. ................ of the town of .... ~(~.~,~Q~-~ ................. (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ................ New and recodified zoning ordinance I{~.; ................ Amendment to the zoning ordinance ................ Zoning changes ................ Special permits .~ ......... Variances Art. VTT, Section '100-70 Gwynne Construction Corp. 163A Montauk Highway West Hampton Bays, NY 11946 Appeal No. 2634 Location of affected land: ~!~j:~-~;~a-~-~:~e~?~-- ............................................ within 500 feet of: (check one or more) ................ Town or village boundary line, or shore line ..Z.X. ......... State or county road, parkway or expressway ................ 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 parcel on which a public building is situated Comments: Applicant was granted permission to include residential use in B-1 zone, subject with the condition that the business owner is the person occupying the residential portion. Date: N, .,O...V.e. ~e. ,r....,1..9. ~ ,,, ]:..9,.7.. 9. :.. (,si~ned) Linda F. Kowalski Secretary, Board of Appeals Title Date received by Suffolk County Planning Commission .................................................................................... File No ................................. O O P T( LD HENRY E, RAYNOR,~.,Chairm~ FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKI, ~, GEORGE ~TC~E LATHAM, Jr. Southold, N.Y. 11971 November 14, 1979 TELEPHONE 765- 1938 Mr. Robert Douglass, Acting Chairman Southold Town Board of Appeals Southold, New York 11971 Dear Mr. Douglass: It has come to my attention through a legal .n~tice in the paper that the Gwynne Construction Company a/k/a Circa Designs has applied to the Board of Appeals for a use variance. Enclosed please find minutes from our board meeting dated December 6, 1976 pertaining to this property. Yours tr~/~ HER/mt Enclosure Planning Board O -5- O December 6, 1976 Gwynn Construction Co. a/k/a circa Desiqns. Mr. Schwartz and Mr. Fuchs appeared. This is a site plan for a proposed model home in Laurel in. business property. The gentlemen presented a letter from the Department of Transportation. The following letter under date of November 23, 1976 to the Planning. Board was read: Gentlemen: Attached please find plot Plan for business building, to be located on northerly side of Main Road (Rt.25), Laurel, near the westerly end of the "B-l" zone which ends near the railroad over pass. - The lot meets the width and area for a business lot in the "B-i" zone. The Health Depto has given approval for well and cesspool etc. - ~MA27, Nov 19, 1976. The proposed use - a model home to be disPlayed and real estate sales conducted therefrom and a garage-storage accessory building from which materials and equipment will be stored and used, is compatible with the "B-l" section of the ordinance. The applicant for building permit is Gwynne Construction Corp., 163A Montauk Highway, West, Hampton Bays, L. Io, 11946. We are holding the application.for permit, Health Dept. approval and fee pending your approval of the site plan. /s/ ~oward Terry Building Inspector Among items mentioned in a Department of Transportation letter under date of April 17,1976 w-as three copies of prints showing "two 20' curb cuts, as shown, installation of concrete sidewalk, installation of enter and exit signs, "one-way do not enter" signs at termination of entrance drive, show grades in driveway and'means of containing all drainage on site." The gentlemen presen%ed~? revised copy of the site plan. They stated they were not involved with Mattituck Holding Corp., just buying a piece of property from them. Mr. Raynor said it would be necessary that the Planning Board have topography layout; front, rear and side profiles of the building; planting schedule for the shrubbery; a buffer will be required; exterior lighting must be shown to the board's qualifications. All exterior lighting must be maintained on the property so it wouldn't go to the neighbor's houses. The gentlemen said there would be no sales of real estate, just houses. Mr. Raynor explained that two months ago, .the Town of Southold had a change in the zoning ordinance. We have gone from cumulative to non-cumulative zoning° What it says is if you have a piece Planning Board O -6- ~ December 6, 1976 of business property that complies with B-1 use, should you at any ~ime decide that you have found yourselves the wrong location and you want to sell this as a building lot, it would not be acceptable to the Town of $outhold because it is under 40,000 square feet. The men said they understood and were very much aware of the fact realizing that it is business zoned and does not meet wish residential requirements. They said that at no point, at the present time, would they consider it being residential. They were told that they need a proposed paving schedule to the building inspector's specifications. There must.be planting around the perimeter. They intend to put plantings about every five feet around the perimeter. The signs will have to meet with the building inspector's specifi- cations. Hill Crest Estates. Ernest Wilsberg appeared. Mr. Raynor showed Mr. Wilsberg a map where he had drawn in the road location. The park an~ playground should be in Section 1. Mro Wilsberg thought they would bring it in all at once instead of in sections. There can be no access on the State Road and it should be so stated on the map. There was a question as to whether or not the lots on the Sound had 150 feet frontage. Mro Wilsberg was told to have the surveyor cut in the ~ui'lding line. The County requires 100 feet ~ack from the bluff for the building line, Mr. Gordon stated. C. E. Allen and Peter Kreh minor subdivisions. Mr. Kreh appeared° There was a small area on the creek that Mr. Kreh wants to give to the buyers of Lots A,B,C and Do He wanted to sell them each a section of it. It was suggested that he might be ~etter off to sell,it to all of them in one piece° Mr. Kreh thought there might ~e a problem in maintenance or if only one person w~nted to put in some sort of dock° The Board advised him to consult his attorney, ~ut he should call it park and playground on the map° It should be noted on the map that the lots cannot be further subdivided and it will ~e necessary to file covenants and restrictions with the Co'unty Clerk° BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of GWYNNE CONSTRUCTION CORPORATION to the Board of Appeals of the Town of Southold TO: Long Island · Railroad/~TA Mattituck Holding Company, Inc. Bertha Maston NOTICE ~';OU~'~RE HEREBY GIVEN NOTICE: C 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (~l[~:~lltf,.xi~]{~o]f~lll~gell]fJ~k(the following relief: For permission t;~ b~ able to use property for both residence and business purposes. ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: North by Lonq Island Railroad; East by Mattituck Holding Company, Inc.; South bv Main Road (State Rout~ 25~ 3. That the property which is the subject of such Petition is located in the following zoning district: "B-l" General Business District 4. That by such Petition, the undersigned will request the following relief: For permission to be able to use property for both residence and business purposes. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Article VII, Section 100-70 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be flied 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 Tow~ot~outhold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. GWYNNE CONSTRUCTION COMPANY Dated:_ ~_October .!~ 1979 Petitioner Everett Fuchs, Vice-President Post Off, ce Address 163A M~n~a~3k Hi~_hway W~ Hampton Bays, yew York 11946 NAME PROOF OF MAILING OF NOTICF ADDRESS Long Island Railroad/MTA Mattituck Holding Company, Mrs. Bertha RECEIPT FOR CERTiFiED MAiL Inc. Jamaica Station, Jamaica, New York 11431: c/o F. H. Pape, President, 370 Oakwood Road, Huntington, New York 11743 701 RECEIPT FJ~TIFIED MAiL NO iNSURANCE COVERAGE NOT FOR iNTERNATIONAL MAiL (See Reverse) STREET AND NO. P.O., STATE AND ZIP Mattituck, Ne_w~York 11952 _ ~--. 3738725 3738726 RECEIPT FOR CER~II~IEo MAiL NO t NSU R Af~'~'ti~_ _, .GE pRO¥~OEO~ NOT FOR iNTERnATioNAL MAIL STATE OF NEW YORK ) COUNTY OFSUFFOLK) SS.: Rarhara nia~h,,n , residing at S~.hno] Rou~ Road. Cntchoaue, ~ ¥"""'~ , being duly sworn, deposes and says that on the //~ day of OeO-ObiT ,19 79 , deponent mailed a true copy of the Notice set forth on the re- verse side h~reof, 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 ~he Tqwn of S~outhold; that said Notices were mailed at the United States Post Of- fice at ' Cutchocn~e i New Yor']~ ~ ~ ' ; that said Notices were mailed to each of said persons by (certified) (~telli~te~ mail. Sworn to before me this dayof :October I~OT~R¥ PUBLIC, 8late Barbara Diachun BU. ILDER'$ 'JOB NO../.~,-.":-~ TITLE NO. SEE SEC ND. 121 MATCH LI NE TOWN OF $OUTHOLD CAMP MALLOY ROMAN CATHOLIC DIOCESE OF ROCKVILLE CENTER ' ' ~ ' ' ' 14 $1.7 A(c) ~ATCH FOR PARCEL NO. SEE SEC. NO. 21 9.2 I$ 4.$ A(.C) 5T. 9A \ \ \ 24 \ \ \ \ \ \ \ ®\ 22 53.2 ~(c) z