HomeMy WebLinkAbout2269 TOWN OF SOUTHOLD, NEW YORK
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 2269 Dated April 19, 1977
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Frank Vanecek c/o Frederick Tedeschi, Esq.
403 Main Street
Greenport, NY 11944
Appellant
at a meeting of the Zoning Board of Appeals on May 12,
was considered and the action indicated below was taken on your
( ) Request for variance due to lack of access to property
(X) Bequest for a special exception under the Zoning Ordinance
( ) Bequest for a variance to the Zoning Ordinance
( )
19 7 7 the appeal
1. SPECIAL EXCEPTION. By resolution of the Board it was detemined that a special exception ( ) be
granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph
.................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be
confirmed because 10:15 P.M. (E.D.S.T.) upon application of Frank Vanecek,
c/o Frederick J. Tedeschi, Esq., 403 Main Street, Greenport, New York
for a special exception in accordance with the Zoning Ordinance,
Article III, Section 100-30 B (9) for permission to amend marina
permit to include the sale of gasoline. Location of property: East
side Narrow River Road, Orient, New York, bounded on the north by
Hughes & others; east by Hallock Bay; south by Plain Land Realty;
west by Narrow River Road.
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce practical
hardship because
SEE REVERSE
difficulties or unnecessary
(b) The hardship created (is) (is not) umque and (would) (would not) be shared by ail properties
alike in the immediate vicinity of this property and in the same use district because
SEE REVERSE
(c) The variance (does) (does not) observe the spirit of the Ordinance and (would)
change the character of the district because
SEE REVERSE
(would not)
and therefore, it was further determined that the requested variance ( ) be granted (
that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed.
-~--~/~'~ //7 0 ~ ZONING BOARD OF APPEALS
FORM ZB4 ~~
) be denied and
After investigation and inspection, the Board finds that the
applicant requests permission to amend marina permit to include the
sale of gasoline, east side Narrow River Road, Orient, New York.
The findings of the Board are that the original reasoning of the
Board should be upheld. This reasoning is ably supported by addi-
tional testimony taken at this public hearing. The Board feels
that, if this application were granted, it would further open the
doors to a business use in what is primarily a residential area.
The proper action for the applicant to take is to apply to the
Town Board for a change of zone for a commercial marina. The
amounts that the applicant may take in from the sale of gasoline,
soft drinks, ice and bait is fairly negligible when compared to
the damage that might occur to the environment.
The Board finds that the public convenience and welfare and
justice will not be served and the legally established or permitted
use of neighborhood property and adjoining use districts will be
permanently or substantially injured and the spirit of the Ordinance
will not be observed.
THEREFORE IT WAS RESOLVED, Frank Vanecek, Narrow River Marina,
Orient, New York, be DENIED permission to amend marina permit to
include the sale of gasoline, east side Narrow River Road, Orient,
New York.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse,
Grigonis, Doyen.
AND FILED BY
SOUiiiOLD ........... ,~,.~ CLERK
DATEg-3- 77 HOUR//.'DO,~.,~
T6wn Clerk, Town o~ Southolcl
LEGAL NOTICE
Notice of Hearings
Pursuant to Section 267 of the Town Law and the provisions
of the Amended Building Zone Ordinance of the Town of Southold,
New York, public hearings will be held by the Zoning Board of
Appeals at the Town Office, Main Road, Southold, New York on
Thursday, May 12, 1977, on the following appeals:
7:30 P.M. (E.D.S.T.) Decision upon application of Nichola:
W. Ippolito for a variance to divide property with existing
south side North Road (CR27), Southold, New York.
P.M. (E.D.S.T.) - Decision upon application of Spencer
west side
buildings,
7:45
W. Petty, III, for a variance to divide property,
Track Avenue, Cutchogue, New York.
8:00 P.M. {E.D.S.T.) upon application of Dr.
Faulkner, Nassau Point Road, Cutchogue, New York
in accordance with the Zoning Ordinance, Article
Newton
for a variance
III, Section
100-32 for permission to construct accessory building in front
yard area. Location of property: Nassau Point Road and Vanston
Road, Cutchogue, New York; Lot ~177 and #178, Nassau Point
Properties.
8:10 P.M. (E.D.S.T.) upon application of Paul and Margaret
Kayser, 1206 Main Street, Greenport, New York for a variance in
accordance with the Zoning Ordinance, Article tII~ Section
100-30 and 100-31 B for permission to convert existing building
into two-family dwelling. Location of property: East side
Main Street, Greenport, New York, bounded on the north by Grand
Union Co.; east by A. Bonkoski; south by DeRubio & others;
west by Main Street.
8:20 P.M. (E.D.S.T.) upon application of Frank & Vera Scott
West View Drive, Mattituck, New York (Abigail Wickham, Esq.)
for a variance in accordance with the Zoning Ordinance, Article
III, Section 100-30 and Bulk Schedule for permission to divide
property with insufficient width and area. Location of
Legal Notice -2-
Hearings: May 12, 1977
property: Northwest side of West View Drive, Mattituck, New
York, bounded on the north by Anchorage; east by Woodcliff Drive;
south by West View Drive and A. Boscomb; west by Mattituck Creek
8:30 P.M. (E.D.S.T.) upon application of Robert & Virginia
Kroepel, 2360 Oaklawn Avenue, Southold, New York for a variance
in accordance with the Zoning Ordinance, Article III, Section
100-35 for permission to construct tennis court with fence ex-
ceeding maximum height. Location o~ property: West side Oaklaw~
Avenue, Southold, New York, bounded on the north by Southold
School District and L. Baker; east by J. Graves; south by Jockey
Creek Drive; west by H. Arm.
8:40 P.M. (E.D.S.T.) upon application of William B. Smith
a/c R. V. Gehlmeyer, 220 Mechanic Street, Southold, New York
for a special exception in accordance with the Zoning Ordinance,
Article VI, Section 100-60 C (b) for permission to place side
wall sign on existing building. Location of property: South
side Middle Road (CR27),
by CR27; east by Barzac;
8:50 P.M. (E.D.S.T.)
Southotd, New York, bounded on the nort.
south by Bucci; west by Klein.
upon application of Dominic J. Catalano
28 Joval Court, Brooklyn, New York for a variance in accordance
with the Zoning Ordinance, Article III, Section 100-31 & Bulk
Schedule for permission to divide property with insufficient
width and area. Location of property: Bay View Avenue and
North Drive, Mattituck, New York;~Lots 19 through 22+, Shore
Acres.
9:00 P.M. (E.D.S.T.) upon application of Elizabeth Yaro,
P.O. Box 1221, Minnehaha Boulevard, Southold, New York for a
variance in accordance with' ~he Zoning Ordinance, Article III,
Section 100-30 and Bulk Schedule for permission to divide prop-
erty with insufficient width and area. Location of property:
Minnehaha Boulevard, Southold, New York, bounded on the north
by Minnehaha Boulevard; east by Laughing Water Property Owners
Association; south by Corey Creek; west by G. Moyle.
Legal No%ice -3- Hearings: May 12, 1977
9:10 P.M. (E.D.S.T.) upon application of Constantine
Vloutely, 605 Maple Lane, Mattituck, New York for a variance in
accordance with the Zoning Ordinance, Article III, Section 100-
32 for permission to construct tower exceeding maximum height.
Locatio~ of property: Maple Lane, Mattituck, New York, bounded
on the north by Pecon~c Homes Subdivision; east by R. Brooks;
south by Maple Lane; west by Krupski.
9:20 P.M. (E.D.S.T.) upon application of Leslie Hart, Hart
Hardware, Inc., Main Road, Southold, New York for a variance in
accordance with~the Zoning Ordinance, Article III, Section 100-
80 and Bulk Schedule for permission to divide property with
insufficient width and area. Location of property: Main Road
and Jockey Creek Drive, Southold, New York,
by Jockey Creek Drive; east by Ellis Terry;
Creek and Ulrich; west by Main Road.
9:30 P.M. (E.D.S.T.) upon application
wife, Main Road, Peconic, New York
with
Schedule
and area.
New York,
bounded on tha north
south by Jockey
Zoning Ordinance, Article
for permission to set off
of Henry Stelzer &
for a varianee in accordance
III, Section 100-30 and Bulk
lot with insufficient width
Location of property: North side Main Road, Peconic,
bounded on the north by A. Stelzer and M. Harris; east
by Pilles; south by Main Road; west by F. Stelzer.
9:40 P.M. (E.D.S.T.) upon application of Joseph Vandernoth,
Osprey Nest Road, Gre%nport, New York for a variance in accord-
ance with the Zoning Ordinance, Article III, Section 100-30 and
Bulk Schedule for permission to construct addition with insuffi-
setback. Location of property: Osprey Nest
New York; Lot ~18, Cleaves Point Subdivision,
cient side-yard
Road, Greenport,
Section I.
9:50 P.M. (E.D.S.T.) upon application of Ralph W. Ellwood,
Oyster Ponds Lane and Main Road, Orient, New York for a variance
in accordance with the Zoning Ordinance, Article VI, Section
100-60 for permission %o construct dwelling unit on business
Legal Notice -4-
Hearings: May 12, 1977
building. Location of property: Main Road, Orient, New York,
bounded on the north by Main Road; east by Oyster Ponds Lane;
south by L. Zarzeski; west by G. Moon.
10:00 P.M. (E.D.S.T.) upon application of Isaac Edwards,
Main Roadf Orient, New York for a variance in accordance with
the Zoning Ordinance, Article III, Section 100-35 for permission
to construct fence exceeding maximum height. Location of prop-
erty: East side Rocky Point Road, East Marion, New York,
bounded on the north by Yanas; east by Howell; south by Muir;
west by Rocky Point Road.
10:15 P.M. (E.D.S.T.) upon application of Frank Vanecek,
c/o Frederick J. Tedeschi, Esq., 403 Main Street, Greenport,
New York for a special exception in accordance with the Zoning
Ordinance, Article III, Section 10D-30 B (9) for permission to
amend marina permit to include the sale of gasoline. Location
of property: East side Narrow River Road, Orient, New York,
bounded on ~he north by Hughes & others; east by Hallock Bay;
south by Plain Land Realty; west by Narrow River Road.
Any person desiring to be heard on the above appeals
should appear at the time and place above specified.
Dated: April 29, 1977 BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
PLEASE PUBLISH ONCE, MAY 5, 1977, AND FORWARD SIXTEEN (16)
AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS,
MAIN ROAD, SOUTHOLD, NEW YORK.
Copies mailed to the following on April 29, 1977:
Dr. Newton Faulkner
Paul and Margaret Kayser
Frank and Vera Scott c/o Abigail Wickham,
Robert and Virginia Kroepel
William B. Smith a/c Gehlmeyer
Dominic J. Catalano
Elizabeth A. Yaro
Constantine Vloutely
Leslie Hart
Henry S%elzer and wife
Esq.
Joseph Vandernoth
Ralph W. Ellwood
Isaac Edwards
Frank Vanecek c/o F.
Tedeschi
~ ' LEGAL NOTICE
Notice of Hearings
Parsuan~,to Section 267 of the
Town Law~ ~visieas of
the Amell]~l~l.~ffiing Zone
Ordinancd~o/'~ TO~ of
Southold,~/ew ~ public
hearings_~ [~by the
Zoning ~ ~ ~ at the
Town ~; ~ Road,
appeals: :~ ~
7:30P.M~ (E;I) D--Decision
upon applicati~ {~licholas W.
Ippolito .for avs /}{~e to divide'
property with ~ buildings,
south side North Road (CR27),
Southold, New York..
7:45 P.M. (E.D,$.T.)--Decision
anon aoolication of Soe~cer W.
Petty, III,. for a variance to
divide property, west side Track
Avonue, Cutchngue, New York.
8:00 P,~/, (E.D.S.T.) upon
applicati4~ of Dr. Newton
Fa,,Ikner/~i~au POint Road,
Cutchngue, New York for a
variance in acc~dance with the
Zoning Ordinance, Article III,
Section 100-32 for permission to
construct accessory building in
lrout yard area. Location of
property: Nassau Point Read and
Vanston Road, Cutchngue, New
York; Lot No. 177 and No. 178,
Nassau Point Properties.
8:10 P.M. (E.D.S.T.) upon
application of Paul and Margaret
Kayser, 1206 Main Street,
Greenport, New York for a
variance in accordance with the
Zoning Ordinance, Article IH,
Section 1~0-30 and 100-31 B for
permission to convert existing
building into two-family
dwelling. Location of property:
East side Main Street, Green-
pert, New York, bounded on the
north by Grand Union Co.; cast
by A. Bonkoski; south by
DeRubio & others; west by Main
Street.
8:20 P.M. (E.D.S.T.)upon
application of Frank & Vora
Scott, West View Drive, Mat-
tituck, New York (Abigail
Wickham, Esq.) for a variance in
accordance with the Zoning
Ordinance, Article III, Section
100-30 and Bulk Schedule for
permission to divide property
with insufficient width and area.
Location of property: Northwest
side of West View Drive, Mat-
tittuck, New York, bounded on
the north by Anchorage; cast by
Woodcliff Drive; south by West
View Drive and A. Boscomb;
west by Mattitock Creek.
8:30 P.M. (E.D.S.T.) upon
application of Robert & Vh'ginia
Kroepel, 2360 Oaklawn Avenue,
Southold, New York for a
variance in acc~dance with the,
Zoning Ordinance, Article III,
Section 100-35 tor permission to
construct tennis court with fence
exceeding maximum height.
Location of property: West side
Oaklawn Avenue, Scuthold, New
York, bounded on tho north by
Southold School District and L.
Baker; cast by J. Graves; south
by Jockey Creek Drive; west by
H. Arm.
9:40 P.M. (E.D.S.T.) upon
application of William B. Smith
a-c- R..V. Gehlmeyer, 220
Mechanic Street, Sonthold, New
York for a special exception in
accordance with the Zoning
Ordinance, Article VI, Section
100-60 C (b) for permission to
place side wall sign on existing
building. Location of property:
South side Middle Road (CR 27),
Southold, New York, hounded on
the north by CR27; .cas1 by
Barzac, south by Bucci; west by
Klein.
8:50 P.M. (E.D.S.T.) upon
application of Dominic J.
Catalano, 28 Joval Court,
Brooklyn, New York for a
variance in accordance with the
Zoning Ordinance, Article III,
Section 100-31 & Bulk Schedule
for permission to divide property
with insufficient width and area.
Location of property: Bay View
Avenue and North Drive, Mat-
tituck, New York; Lots 19
through 22 ~, Shore Acres. '
9:00 P.M. (E.D.S.T.) upon
application of Elizabeth Yaro.
P.O. Box 1221, Minnehaha
Boulevard, Scuthold, New York
for a variance in accordance with
the Zoning Ordinance, Article III,
Section 100-30 and Bulk Schedule
for permission to divide property
with insufficient width and area.
Location of property: Mienehaha
Boulevard, Sonthold, New York,
bounded on the north by Min-
nehaha Boulevard; east by
Laughing Water P~'operty
Owners A~ssociation; south by
Corey Creek; west by G. Moyle.
9:10 P.M. (E.D.S.T.) upon
application of Constantine
Vloutely, 605 Maple Lane,
Mattituck, New York for a
variance in accordance with the
Zoning Ordinance, Article III,
Section 100-32 for permission to
construct tower exceeding
maximum height. Location of
property: Maple Lane, Mat-
tituck, New York, bounded on the
north by Peconic Homes Sub-
division; east by R. Brooks;
south by Maple Lane; west by
9:20 P.M. (E.D.S.T.) upon
application of Leslie Hart, Hart
Hardware, Inc, Main Road,
Southold, New York for a
variance in accordance with the
Zoning ordinance, Article III,
Section 100-~0 and Bulk Schedule
for permission to divide property
with insufficient width and area.
Location of property: Main Road
and Jockey Creek Drive,
Southold, New York, bounded on
the north by jockeyCreek Drive;
cast by Ellis Terry; south by
Jockey Creek and Ulrich; west
by Main Rcad.
9:30 P.M. (E.D.S.T.) upon
application of Henry Stelzer &
wife, Main Road, Pecodic, New
York for a variance in ac-
cordance with the Zoning Or-
dinaare, Article HI, Section 100-
30 and Bulk Schedule for per-
mission to set off lot with in-
sufficient width and area.
Location of property: North side
Main Rcad, Peconic, New York,
bounded on the north by A.
Stelzer and M. R~rris;_ cast by
Pilles; south by Main Road; west
by F. Stelzer.
9:40 P.M. (E.D.S.T.) upon
application of Joseph Van-
dernoth, Osprey Nest Road,
Grccnpert, New York for a
variance in accordance with the
Zoning Ordinance, Article III,
Section 100-30 and Bulk Schedule
for permission to construct ad-
dition with insufficient side-yard
setback. Location of property:
Osprey Nest Road, Greonpert,
New York; Lot No. 18, Cleaves
Point Subdivision, Section 1.
9:50 P.M. (E.D.S.T.) upon
application of R~lph W. Ellwond,
Oyster Ponds Lane and Main
Road, Orient, New York for a
variance in accordance with the
Zoning Ordinance, Article VI,
Section 100-60 for permission to
construct dwelling unit on
business building. Location of
property: Main Road, Orient,
New York, bounded on the north
by Main Rcad; east by Oyster
Ponds Lane; south by L. Zar-
zeski; west by G. Moon.
10:00 P.M. (E.D.S.T.) upon
application of Isaac Edwards,
Main Rcad, Orient, New York for
a variance in accordance with the
Zoning Ordinance, Article III,
Section 100-35 for permission to
construct fence exceeding
.maximum height. Location of
property: East side Rocky Point
Road, East Marion, New York,
bounded on the north by Yanas;
east by Howell; south by Muir;
west by Rocky Point Road.
10:15 P.M. (E.D.S.T.) upon~
application of Frank Vanecek, c-
o Frederick J. Tedeschi, Esq., 403
Main Street, Greonport, New
York for a special exceptien in
accordance with the Zoning
Ordinance, Article III, Section
100-30 B (9) for permission to
amend marion permit to include
the sale of gasoline. Location of
property: East side of Narrow
River Rcad, Orient, New York,
bounded on the north by Hughes
& others; east by Hallock Bay:
south by Plain Land Realty; wes:
by Narrow River Road. ~
Any person desiring to be heard
on the above appeals should
appear at the time and place
above specified.
Dated: April 29, 1977
BY ORDER OF
THE SOUTHOLD
TOWN BOARD
OF APPEALS
1TM5--2696
... being duly Sworn.
isher of the SUFFOLK
.d ~t Greenport. in said
,~e annexed is u printed
Suffolk Weekly Times
~ (1)
fifth
,Iy commencing on the
..... ii. ......................
before me this ..... ~., .... I
..... · . . 771
........
NOTA;IY PUBLIC, ~la~e of New Y~
Hesi~ng in Su/fo~
C~ No. ~-~6~5 ~ ~.
With insufficient width and area.
Location of property: Mai'~ Road
and Jockey Creek Drive, South-
old. New York, bounded on the
north by Jockey Creek Drive; east
by Ellis Terry;'south by Jockey
Creek and Ulrich; west by Main
Road.
9:30 P.M. (E.D.S.T.) upon
application of Henry Stelzer &
wife. Main Road, Peconic, New
York for a variance in accordance
with the Zoning Ordinance. Art-
icle Ill. Section 100-,~0 and Bulk
Schedule for permission to set off
lot with insufficient width and
area. Location of property: North
side Main Road, Pecenic, New
York. bounded on the north by A.
Stelzer and M. Harris; east by
Pilles; south by Main Road; west
by F. Stelzer.
9:40 P.M. (E.D.S.T.) upon
application of Joseph Vender-
hath. Osprey Nest Road. Green-
port. New York for a variance in ,
accordance with thc Zoning Ordi*
nancc, Article Ill, Section 100.30
and Bulk Schedule for permission J
to construct addition with insuf-
ficient side-yard setback. Loca-
tion of property: Osprey Nest
Road, Greenport, New York; Lot
#18, Cleaves Point Subdivision,
Section 1.
9:50 P.M. (E,D.S.T.) upon
application of Ralph W. Ellwood,
Oyster Ponds Lane and Main
Road, Orient, New York for a
variance in accordance with the
Zoning Ordinance, Article VI,
Section 100-60 for permission to
construct dwelling unit on busi-
ness building. Location of proper-
ty: Main Road, Orient, New York,
bounded on the north by Main
Road; east by Oyster Ponds Lane;
south by L. Zarzeskl; west by G.
Moon.
10:00 P.M. (E.D.S.T.) upon
application of Isaac Edwards,
Main Road, Orient, New York for
a variance in accordance with the
Zoning Ordinance, Article 111,
Section 100-3S for permission to
construct fence exceeding max-
imum height. Location of proper-
ty: East side Rocky Point Road,
East Marion, New York, bounded
on the north by Yanas; east by
by Muir; west by
nt Road.
'.M. (E.D.S.T.) upon
of Frank Vanecek, c/o
J. Tedeschi, Esq., 403
Main Street, Greenport, New
York for a special exception in
accordance with the Zoning Ordi-
nance, Article Ill, Section 100-30
B (9) for permission to amend
marina permit to include the sale
of gasoline. Location of property:
East side Narrow River Road,
Orient. New York. bounded on
the north by Hughes & others;
east by Halleck Bay; south by
Plain Land Realty; west by Nar-
row River Road.
Any person desiring to be
heard on the above appeals
should appear at the time and
place above specified.
Dated: April 29. 1977
BY ORDER OF
THE SOUTHOLD
TOWN BOARD OF
APPEALS
IT-5/S
COUNTY OF SUFFOLK t ss:
STATE OF NEW YORK I
Sherley KarT, being duly sworn, soys that she is on
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at $outho!d, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long !slond Traveler-Watch-
man once each week for ............ / .......................... weeks
successively, commencing on the ...... .~ ...............................
................ ~Z:~ ........ ;..: ...... : .........................................
Sworn to before me this ......... .~.. ........... day or
...... ...............
............... ..................................
Notary Public
ETHEL PALLADINa
NOTARY PUBLIC, State of New York
No 52-4628953
Qualified in SuffoJk County
Commis_~]cr, ~xpkes March 30 1978
FOR~ L~O. 3
TOWN OF SOUTHOLD
BUILDING ~£PARTMENT
TOWN CLERK~ OFFICE
SOUTHOL~ N.Y.
NO'I'ICE OF DISAPPROVAL
PLEASE TAKE nOTICE thai your application aatec .................. ~..~t~.'%....:...~ ........... , ]9..'~./...
c~¢,~' c..~ n c #. '
for plait to constru~ ........................................ at the premises located ot ....... ~.~ ......................
Mop .................. ~,~ ............. Block ........ , ................................... Lot ~ is
~~i~h~'akd disopprowd on the {ollow~ng grounds ...~.~.~ ......... ¢~....~ ......
..................... ~..~..,/~ ~ &"~ ~ ~ ~ ~1
OUltcrlng inspector
TOWN OF $OUTHOLD, NEW YORK
APPLICATION FOR SPECIAL EXCEPTIOBI
TO THE ZOI~ING BOARD OF APPEALS, SOUTHOLD, N. Y.
Name Street and Number
/. ·
,.03 Maid S~t~r~e,e,t, Greenport,
Munlc~pality State
~ereby apDly lo THE ZOi~I~G BOARD OF APPE~ff~S for a SPECIAL EXCEPTION in accordance with the
~o~IN* o~c~ ARTICLE Ii! S~T~O~ 100~0 (B) (9)~d ~o ~end ~ppe~ts
S~s~oN N~berad 1424 ~d 1732.
TPIESPECIALEXCEPTIONISREQUESTED BECAUSE Applicant alleges that the approval
of said exception would be in harmony with the intent and purpose of
~he zoning ordinance and would not be detrimental to property or persons
ih the neighborhood for the following reasons:
boa(a)t Gasoline and oil are now brought to the premises by the zndzvldual
owners who then pour sam~e into their vessels = '
oztlmes spillage occurs
into the boat ap~ the water creating a hazard. ~nis is also a gross
convenience to the boat o%mers.
If gasoline and oil were dispensed by the applicant under control-
ed cond.i~.ions i.e. - a c~ntraI gasoline tank of approved quality and
onstructlon and pr?p~r dispensing hoses and nozzles the fire and safety
~azards would be e!l~zna~ed and tSe safety and general welfare ~nd con-
Venience of the public aided and safe~uardedo
(b) ?ne sale of soft drinks, ice mmd bait has been requested time and
~ugain by the users of this marina who find it grossly inconvenient,
rdens~me and, onerous to cart in soft drinks, ice and bait.
(c) It would be in harmony with and consistent with the natural uses
and purposes of thismar_na~ and other marinas in the Township.
STATE OF NEW YORK )
)ss
COUNTY OF SL~FF(L_~
Swo~3~ thi~ ...~,~. ........ ~ da~ .......... ~.~,.,.~, 19~....~.~ .......
N~ry Public
FREDERICK 3. TED~SCHJ
NOTAR% PUBLIC, Stale of New York
No. 52-3945400
Qualified in Suffolk
~i~sion Expires Mcrch 30, ~
Signature
Frank Vanecek
FORM ZB2
Suffolk County Department of Planning
H. L~e Deh~ison Executive Office Building
veterans MEmorial HighWay
Hauppauge, New ~ork 11787
Town of Southold
~; May 25, 1977
Board of Appeals
Petitioner: Frank Vanecek
Mun. File No.: 2269
S.C.P.D. File No..'. SD-77-6
Gentlemen:
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk
County Charter, the above captioned application which has been referred'
to the Suffolk County Planning Comm. ission is considered to be a matter for
local determination. The decision of local determination should not be
construed ss either an approval or a disapproval.
Comments: With the understanding that a central gasoline tank and pump of
approved quality and construction, and proper dispensing hoses and nozzles will
be provided for the sale of gasoline only to the owners and operators of boats
launched or mo6red at the marina and that no additional accessory marina functions
will be permitted.
GGM:fp
by
Very truly yours,'
Lee E. Koppelman
Director of Planning
.;
0
TOWN CLERK 765-3783
Building Dept. f
Planning Bd. 765-2660
Board of Appeals
Town Of Southold
TOWN CLERK'S OFFICE
Main Road
Soufhold, N. Y. 11971
Pursuant to the General Municipal Law, Chapter 24, of the Consolldated Laws, Article 12-B, Sections 239-1
and m, the ....Board..of..AppealB ......... of the town of Southold, N. Y. hereby refers the following
(agency ~nvolveT:lI
proposed zoning action to Se Suffolk County Planning Commission:
(check one)
Frank Vanecek
c/o Frederick J. Te~eschi,
403 Main Street
Greenport, NY 11944
......... New nnd recodified zoning ordinance
............ Amendment to the zoning ordinance
............ Zoning changes
..... X.... Specbl permits
............ Variances
Location of affected land: ....~.~S...Narrow...P~L~er...P-~ad,..Orient,...NY ....................................
within 500 feet of: (check one or more)
............ Town or village boundary line
............ State or county road, parkway or expressway
............ State or county ,p~rk or recreation area
............ Stream or drainage channel owned by the county or for which the county has established channel
lines
............ S~te orcounty owned,~rcelon which a public buildingissituated
XZ Shoreline
Commen~:
The Board denied this application. The findings are that
if the appliuant wishes to do this, he should go to the Town
Board for a change of zone and have it made into a commercial
marina.
Esq.
Chairman
Tide
Date received by Suffolk County Planning Commission ..................................................................
File No .................................
Southold =own ~oard o£ Appeals
within any certain ttme~% The ~u~reme Court
~cis~n ~l~ a cex~ u~ o~ ~ In
14~. ~0~ Mc/4ANN, I w~uld l~ke the record to sho~ that
tt~e aut~orlty upon which ~u are basing l~ur conclus~m ca~e
fro~ ~obezt T~sker~*~ho is the s~p-b~othe~: of t~,e plaLntl£f ~n
this actic~ quest/o~ng the titl~ to the property.
~n o~o~ticn to th~s .~xlna?
(~ere wa~ no
present ~hte facility C~slste Of a ~ze4 ~e, m const~r~le
~e of pll~g, an area which has ~en ~llle~ the=eby extenaln9
~cessary tO ~e O~watl~ of a ~a. ~e area un~r application
s~yoxs of G=~n~rt, N~ 'fork.
Sou=hold T~wn E:oa~d of Api~als
-3-
Se~tembe: S, 1963
Originally Mr. ~lng applied for a change of --o~e to the Town
~oard on ~'~us~ 28, 1~ h~ ~ a~lAcatXon for a ~ge of
~. A ~sX~ab~e ~ of ~y b~8 ~n ~naed ~ the applicant
L~ f~nd ~ ~ mlnu~ of ~y 23, 1~3, ~d July 25, 1~3.
B~rd Of a~lo ~la~d ~eXz ~iS~n on ~is application ~ ~e
~ ~t a ~un~u l~e could ~ es~bllshed on the eaterl~
of ~e ~rty e~er by ~r~e or ~e~d'~n ~e efforts of
s~eral ~v~le ~ d~ec~r ~e correct ~terly l~ne ~t~en
~e ~o~rty n~ of K~,j, E~rXZ o~ ~lXo~, and ~e pxo~rty o~
~,e Van ~y~ 1~ ~p, xefferred ~ earlier ~ ~Xs
fr=n ~e ~l~nc~ ~c~y ~e~ ~e e~terly l~e ~Xl~. Accor~ngly
~ v~ of ~,~ fact ~t ~ of ~e facil~t~s of ~l~ ~r~ are to
t~ ~est of the d~m~t~d m~a and at ~he ~g of c~sel for Mr.
;:;~9, in view Of ~e lo~,u ~laf. ~e ~d felt ~at a ~clolon
~ould ~ zeache~ At ~%e r~eet Of ~un~el for ~. K~9
C'~n (who Propane ~ ~n pro~rty aerobe l;arr~ ~:tver ~d
from ~is ~rh~a') d~lified h~elf fr~ vot~,3. ~%e
{our ~,e=~ of tt~ ~r~ ~an~usly voted to grant thio
=he ap.ulicant, ~tr. King, is tl2e owner Of 21 ~ts ac'Cord~9
~ut~ly ~z~ of cha~e up ~ th~ ti~. ~e ~rd f~ndg
there ~ a real need mcr ~':~ ~cility ~d ~t ~%e ch~acter of
~,e ne~ghi~rh~d ~1 n~ ~ ~ubg~nt~lly ~ange~ by thX~ facility,
which Is ~ ~ c~cted as a ~-c~rc~l ~r~. ~ere~s
~oJectlo~ at any of ~e l~az~98 ~ the ~r~a ms much,
O~ t]~ ~Tuot~S of ~e ~rge E~r~ ~s~te centered ~r~rX1y
Southold ~own ~2.%~rd o£ ~4~als -4-
September 5, 1963
The Board finds %h~ the r~blXc conve,ntence aha wel~re and
~EEgL\~D t~t £~%~,..'-' ~ng b~ ~zanted a ~r~c~l exc~p~on to
~ard ~s act~ subject tO a ~ ~-~ti~ of a Supr~
~,~rs. !4argaret Cukor, Indian ~q~Ck ~n~, PeCOD~C, i~'
NORTH FORK ENVIRONMENTAL COUNCIL, INC.
Box ~11 I, Soutl~olcl, New Yo~'k 11971
May 12, 1977
Town of Southold
Zoning Board of Appeals
Town Hall
Main Road
Southold, L. I.
New York - 11971
Gentlemen:
In reviewing this Application we fin~ that on
September 5, 1963, Application # 565, April 6,
1965, Application # 68, May 6, 1971, Application
# 1424; and the Application of March 8, 1973
the future activities for this Marina were limited,
as set forth by this Board very clearly. We
further find no changes in the existing conditions
from then until the present.
We feel that:
The fragile ecosystem in Narrow River and
Hallockts Bay will not tolerate additional
gasoline discharges, either directly or
through seepage.
2. Further use by boats would endanger the
marsh, wetlands, and marine life.
A permit for a gasoline dispensing pump being
approved would encourage an influx of additional
boats from other areas.
It would also increase both car and boat
traffic on the Southold Town boat ramp, which
is going to be limited by the Trustees of
Southold Town as it is already overcrowded.
It would tend to encourage the proposal for
dredging in the Pete Neck area, which we
totally oppose.
6. The existing sanitary facilities provided by
this Marina would be taxed heavily, as they
Town of Southold
Zoning Board of Appeals
Town Hall
Main Road
Southold, L. I.
New York - 11971
Page 2
were set up to limited use of approximately
a foum month period, daylight houms only, and
will not be capable of handling added use.
We therefore u~ge you to deny this present
application.
Sincerely,
NORTH FORK ENVIRONMENTAL
COUNCIL, INC. ,
President
MEW/Iw
a chapter of National Audubon Society
BOX 973. MATTITUCK, L.I., N.Y. 11952
May 12, 1977
Zoning Board of Appeals
Town Hall
Southold, N. Y.
Mr. Chairman and Members of -the Board:
Our 400-member organization would like this letter road into the record on the
renewed Vanacek appeal to sell gasoline at their Narrow River Road marina.
You have turned this appoa] down three times in the recent [~st for good and
sufficient reasons. These reasons have included:
1) Hallock's Creek, on which the marina is located, is one of the few natura~
creeks remaining on the North Fork, and surely the only one between Orient and
New SuffoLk. Not having been roamed by the dredge, it is still the home of rich
marine plant and animal life (including a great quantity of scallops), a biota
now seldom found in such profusion.
2) Mr. Vanacek must have known when he bought the marina that the character of
the creek would oblige him to preserve it. This means that his operation must
essentially accommodate what it has accommodated since Mr. King first opened it --
shoal-draft boats, which are, in fact, mostly sailboats.
3) There has alroady been enough had environmental faith displayed, wittingly
or not, when the present owners obtained a Town building permit "to expand an
existing structure" and turned a snail outbuilding of about 72 square feet into
perhaps a 2000~quare foot home -- with its effluents bound to drain into the
creek itself.
4) Selling gasoline from the marina would not only further pollute the creek with
consequent petroleum spills and motor loakages, but be a step on .the ~ray toward
having to dredge even this remaining gem of an estuary so as to accommodate
inevitably larger gasoline-powered boats.
5) As two new and additional reasons against the request, we cite the coming
national policy of energy conservation, which will inevitably point away from
expanded gasoline distribution and usage. And we do not believe this is consonant
with the State's wetlands perservation act, either, which is aimed more at
enhancing than detracting from our productive marshlands.
As a result, because none of the basic reasons for granting this appeal have
changed, but at least two more have been added, it would surely seem to be in
the best interests of the community to deny it once more.
Virginia Bennett Moore, Conservation Committee
Memorandum frora JOANNA
Otto,ar, I~. y.
0 0
MAY ] 1 REC'D
FREDERICK J. TEDESCHI
ATTORN~-~ AT LAW
May 10, 1977
Mr. Robert W. Gilltspie,
Chairman
Zoning Board of Appeals
Town of Southold
a/o Town Clerk
Main Road
Southold, New York 11971
Re: Application of Frank Vanecek
Public Hearin~ on May 12~ 1977
Dear Mr. Gillispie:
I enclose herewith in support of the above-captioned ap-
plication the following:
My Memorandum in Support of the instant application.
Five (~) copies of same are enclosed being one for
each Board member.
me
Two (2) sets of petitions totalling 104 signatures
signed by residents, neighbors, owners of real property
and boat owners. One set contains 68 signatures and
the other set contains 36 signatures.
Thank you for your consideration.
Very truly yours,
Attorney fdr applicant,
Frank Vanecek
FJT/a
Enclosures
Also enclosed is letter dated April 30, 1977
signed by Robert DeMaria and Ellen DeMaria in
support of the Application.
MEMORANDUM IN SUPPORT OF THE APPLICATION OF
FRANK VANECEK FOR A SPECIAL EXCEPTION IN
ACCORDANCE WITH ARTICLE III, SECTION 100-30
(B) (9) AND TO AMEND APPEALS NUMBERED 1424
AND 1732.
Point I
The permission sought herein is ~rimarily
for the convenience o~ local reszden~6
rather than ~or the pro,it o~ the owners.
Under Appeal number 1424 this Zoning Board of Appeals stated:
" ..... in determining what constitutes a business activity the
Board is of the opinion that this condition should be interpreted
to distinguish possible future activities which are installed pri-
marily for the convenience of local residents rather than for the
profit of the owner."
Submitted herewith are a minimum of 104 signatures of local
residents, neighbors and owners of ~eal property in the area and
neighborhood of the applicant's Marzna (68) and owners of plea§ute
boats (36) who use the facilities of the applicant's Marina. I
would like to point out that several of the persons who signed'in
favor of the applicant this time were among those who were against
it in Appeal 1732 in the year 1973.
It is respectfully submitted that the convenience of these
persons will best be served by granting the applicant's application
as requested for the convenience of the persons who signed their
approval and request for same.
The permission requested herein while of a commercial and/or
business nature is not truly a commercial and/or business activity
in the full sense of those words.
Commercial has to do with:
"made or done or operating primarily for profitf designed to have
a wide popular appeal." (Webster's New World Dictionary - lM/Z;
World Publishing Co.)
Both commerce and business generally imply activity on a
scale large enough to make a profit.
The o~eration contemplated by this application may produce
a small profzt in the very long run but certainly zs not designed
to have a wide popular appeal. The potential number of customers
is limited to 75 the maximum number of pleasure boats permitted.
Accordingly, it is respectfully submitted that the requested
activities are to be installed primarily for the convenience of
local residents rather than for the profit of the applicant as
mandated in Appeal No. 1424.
Point II
T? grant ~he approval herein would be in harmony.
wzth the zntent and purpose of the Zoning Ordinance
and would not be detrimental to property or persons
in the neighborhood.
At the present lime, it is a common practice for the in-
dividual boat owners to bring gasoline and oil to the premises
in cans and other vessels. It is then poured by the boat owners
into the boat's gas tank. Spillage occurs into the boat and
water creating a fire hazard.
This is certainly a gross inconvenience to all concerned.
In addition, the minimal availability of soft drinks, ice and
bait have been requested time and again by the users of this
marina. It would not only be for their convenience but would
make life a little easier for all concerned.
Although, there is sufficient hardship shown here it
should be pointed out that a Special Exception is not a variance
and can be issued without proof of hardship. Reed v. Board of
Standards and Appeals, 255 N.Y.126, 174N.E.301.
Point III
To grant the approval herein would be in
harmony with and consistent with the natural
uses and purposes of this Marina and other
marinas in the Town of Southold.
It should be remembered that applicant seeks permission
to sell gasoline, oil, soft drinks, bait and ice only to the
owners and operators of the boats using the marina and not the
general public or passing vessels.
Under no stretch of the imagination can this very limited
permission and operation be a big profit producer for the ap-
plicant. It is strictly a convenience situation primarily.
It is respectfully submitted that the granting of this re-
quested permission would be in the spirit of the Zoning Ordinance
to promote the welfare and convenience of the residents of this
Town by eliminating a burdensome, onerous and inconvenient re-
striction on their boating pleasure.
Accordingly, it is respectfully requested that this Board
act favorably on the instant application.
May 10, 1977
Greenport, New York
Respectfully submitted,
Frederick J. Tedeschi
Attorney at Law
403 Main Street
Greenport, New York 11944
(516) 477-2048
TO THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD~ NEW YORK
We, the undersigned residents, neighbors and owners of
real property in the area and neighborhood of the marina located
on the east side of Narrow River Road, Orient, New York, owned
and operated by FRANK VANACEK do hereby signify our approval of
his request for permission to.sell gasoline, soft drinks, o~,bait&~
to the owners of the boats using the faclllty and we do hereby
request the Zoning Board of Appeals to act favorably upon this
Application.
NAME
ADDRESS OR PROPERTY
THE ZONING BOARD OF APPEALS OF ~l~- TO~ OF SOUTHOLDI N~. YORK...
~e, the undersi~ned residents, neighbors ~d owners of .
real property in the area and neighborhood of th~ m~rina located
on the east side of Narrow River Road, Orient, New York, owned
and Operated by FRANII V.ANACEK do here~y signify our approval of
his request for permission to sell gasoline, soft drin~e, oi,b~t~&l~
to the owners of the boats using the facility and we do hereby
request the Zoning Board of Appeals to act favorably upon this
Application.
NAI~ ADDRES~ OR PROPERTY
7/,
real property in the area and neighborhood of the ~arlna £ocau. ea
on the east side of Narrow River Road, Orient, New York, owned
and ouerated by FRANK VANACEK do hereby signify our approval of
his r~ uest for permission to sell gasoline, soft
.... q ....... ~ the boats usin~ the facility ~d we do her~y
Application.'
! -
ADDRESS OR PROPERTY
" O
TO THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD! NEW YORK
We, the undersigned residents, neighbors and owners of
real property in the area and neighborhood of the marina located
on the east side of Narrow River Road, Orient, New York, owned
and operated by FRANK VANACEK do hereby signify our approval of
his request for permission to sell gasoline, soft drinks, o~,kait&~e
to the owners of the boats using the facility and we do hereby
request the Zoning Board of Appeals to act favorably upon this
Application.
OR PROPERTY
NAME ADDRES£
TO THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTH , NEW YORK
RE: APPLICATION OF FRANK VANECEK
We, the undersigned owners of pleasure boats who use the
facilities of Frank Vanecek located on the east side of Narrow
River Road, Orient, New York, (Former King Marina), hereby
request the Board to act favorably upon the application of
FRANK VANECEK for permission to sell gasoline, soft drinks, oil, bait
and ice to the owners of the boats using the facility.
We respectfully call your attention to the fact that up
to 75 pleasure boats may use this facility at one time and the
lack of availability of gasoline, soft drinks and ice for use
of the boats is an extreme hardship to us.
NAME
ADDRE S S
TO THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, NEW YORK
RE: APPLICATION OF FRANK VANECEK
We, the undersigned owners of pleasure boats who use the
facilities of Frank Vanecek located on the east side of Narrow
River Road, Orient, New York, (Former King Marina), hereby
request the Board to act favorably upon the application of
FRANK VANECEK for permission to sell gasoline, soft drinks, oil,
and ice to the owners of the boats using the facility.
We respectfully call your attention to the fact that up
to 75 pleasure boats may use this facility at one time and the
lack of availability of gasoline, soft drinks and ice for use
of the boats is an extreme hardship to us.
bait
NAME
ADDRESS
DOWLING
COLLEGE
April 30. 1977
Zoning Board of Appeals
Southold Town
Gentlemen~
We fe~l that permission should be granted to ~r. Frank
Vanacek to have a gas pump at Narrow River ~arina for the
convenience of ~is customers. We are convinced that such
a pump and tank can do no harm to the environment and will
be a distinct advantage to boatowners with gasoline engines.
We do not believe that the availability of a little gasoline
will attract larger boats into such a local marina.
SinceEely, ~
Robert De,aria
Ellen De,aria
O
Southold Town Board of Appeals
18 - March 8, 1973
of a lot of the people who wrote letters. The Vanecek~s might be
interested to know that when they bought the marina these same
people who wrote~ were terribly glad because they all thought that
they were a nice couple and they felt they would not spoil the
marina. They were del.ighted to have them here.
THE CHAIRMAN: We have had this same situation before where
people speak against something~although they are clients. In your
case, we find that your two points of view dontt conflict.
MIS~ MOORE: We should buy sail boats in preference to power
boats and be very careful of what we put into the water.
MRg. VAN~CEK: I would probably be the one to pump the gas.
I am a school teacher, I teach 7th grade. It was only under the
pressure of a lot of people last summer that I came to you. I
really don~t care about selling gas. It was not that important.
Perhaps I should learn to sail. When they need a rescue I'll try to
help out.
MR. WILLIAM TERRY: I just learned that the Suffolk County
Dep~tment of Health has refused a cesspool to a home nearby the
marina (to the west of the marina) unless the ground level is
raised 6 feet.
THE CHAIRMAN: Do they have to approve the water system on
the house the Vanecekts built?
MR. HOWARD TERRY, Building Inspector:
long time ago.
That was approved a
~fter investigation and inspection the Board finds that
applicant requests permission to add a gasoline dispensing pump
at a non-comn~rcial marina located on the east side of Narrow
River Road, Orient, New York. The Board finds that Edward H.
King, deceased, obtained permission to operate a residential
marina on the premises under application on September 5, 1963,
Appeal No. 565. On April 6, 1965 the King Marina became a non-
con£ormiug use by reason of A~endment # 68 limiting the number
of boats to six. The Board finds, further, that on May 6, 1971,
concerning the same premises, Rudolph & Edna Koubek, Appeal No.
1424, were limited as to future activities, as follows: 1. All
operations must conform to existing law. 2. Permission is granted
to remove the old barge and replace with floats. 3. Sale of
gasoline, soft drinks, and ice is prohibited. 4. All commercial
or business activity, including vending machines is prohibited.
5. Storage of boats other than those of ~he owner is prohibited.
6. Use of these facilities by commercial fishermen or party boats
is prohibited. 7. The number of pleasure boats which may use
this facility is limited to no more than 75. Concerning Appeal No.
1732, Frank Vane~ek, March 8, 1973, to amend and modify the action
of the ~outhold Town Board of Appeals on Appeal No. ~24, the Board
is in agreement that the decfsion on Appeal No. 1424 should be
upheld.
O O
Southold Town Board
of Appeals - 19 March 8, 1973
The Board finds that the public ~onvenience and welfare and
justice will not be served and the legally established or permitted
use of neighborhood property and adjoining use districts will be
permanently or substantially injured and the spirit of the Ordinance
will not be observed.
On motion by ¥~. Gillispie, seconded by P~. Hulse, it was
RESOLVED, Frank Vanecek, Orient, New York, be DENIED permis~ion
to amend and modify the action of the Southold Town Board of
Appeals on Appeal No. 1424, as applied for, and the Board of
Appeals reaffirms its decision as described.
Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse.
PUBLIC HEARING: Appeal No. 1722 - 9:15 P.M. (E.S.T.), upon
application of Xenophon Damianos to amend Board of Appeals action
No. 1394 and variances according to Building Zone Ordinance,
Article X, Section 1008; Article XII, Section 1204 and Bulk
S~chedule. Location of premises: Ma~ of Greenport Homes, Main
Road (Route 25 or West Front Street~ and 9th Street, Greenport,
New York.
The Chairman opened the hearing by reading the application
to amend Board of Appeals action and variances on Appeal No. 1394,
legal notice of hearing, affidavits attesting to its publication
in the official newspapers, and notice to the applicant.
THE CHAIRMAN: There was a previous hearing held on February
15, 1973, which was recessed to tonight with the thought that
more accurate plans could be worked out.
THE CHA]IqMAN: Is there anyone present who wishes to speak
for this application?
GEORGE E. LECHTRECKER, ESQ.: I am here to speak for the
application, and Dr. Damianos is also here.
THE CHAIRMAN: Do you own the property now?
MR. LECHTRECKER: We are under contract.
THE CHAIRMAN: Our thinking was that the forme~ Resolution
would have to be modified in order to be of interest to
Dr. Damianos. An engineer was to consult with our building
inspector. We are here now to listen to your proposal.
3UDITH T. TERRY
TOWN CL~K
R~GISTRAR OF VITAL STATISTICS
Southold, L. I., N. Y. 11971
TELEPHONE
765-3783
April 20, 1977
To:
Southold Town Zoning Board of Appeals
From: Judith T. Terry, Town Clerk
Re:
JTT/bn
Application of Frank Vanecek for a special exception-Appeal No. 2269
Town Clerk
FREDERICK J. TEDeSCHI
Town Clerk
Town of Southold
Main Road
Southold, New York 11971
Attention: Mrs. Betty Neville
Dear Mrs. Neville:
April 21, 1977
Re: Application of Frank Vanecek
for Special Exception
I enclose herewith photocopy of survey of the subject
premises to be filed with the captioned application hereto-
fore filed on April 20, 1977.
FJT/a
Enclosure
Thank you.
Very truly yours,
'Frederick J//Tedeschi
BOARD OF APPEALS, TOWN OF SOUTHOLD
:
In the Matter of the Petition of :
:
FRANK VANECEK :
t® the Board of Appeals of the Town of Southold :
NOTICE
TO:
Plainland Realty Corp.
c/o Morris J. De Nardo
One Elmont Road
Elmont, New York 11003
Barbara P. Hughes
Solsville Road, Madison, New York 11003
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 (~ari-a~'e) (Special Exception) (S~a~it) (the following relief: tn arn~nd ~d mnd~ fy the
action of thi~Board~of Appeals~o~ Appeal. No. 1~424 an~ No, ~7~2 for pe~~',
and operators of the boats using the non-commercial marina.
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: E/s Narrow River Road. Bounded n/~vh~r~ .p. Md.~hea. E/ Hallec!
Bay, S/ Plainland Realty Corp., W/ Narrow Rzver Road, Orient, New York.
3. That the property which is the subject of such Petition is located in the following zoning district:
A Ra.q~dontlal and Agrlc_ultural District.
4. That by such Petition, the undersigned will request the following relief:
gasoline~ soft drinks~ oil~ bait and ice to the owners
Permission to sell
and operators of the
5. That the provisions of the ?outho'd Town Zoni~,~ Cede al~Dlicable to the relief sought by the under-
signed are: Art. lII, Section' 100~2,0_~B). (~9) And to amend--appeals ~umbered
1424 and 1732.
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 rnav 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: April t~/ 1977 . ~ y~,
Petitioner Frank Vanecek
c/o Frederick J. Tedeschi
Post Office Address
403 Main Street
Greenport.. New York 11944
516 477-2048
PROOF OF MAILING OF NOTICE
NAME
ADDRESS
Plainland Realty Corp.
c/o Morris J. De Nardo
One Elmont Road, Elmont, New York 11003
Mrs. Barbara P. Hughes
:~°lsville Road, Madison, N~:~_~rk
FOR CERIIFIED MAIL--$O¢ {plus
Plainl~d Rely Co~. .~,~
STRE~TAND NO, C/O Morris J.
P,0., STATE AND ZIP CODE
SERVICES ADDITIONAL FEES
13402
PS Form NO INSURANCE COVERAGE PROVIDED-- (See other
Apr. 1971 3800 NOT FOR INTERNATIONAL MAIL ~ G~o: ]er~ o-
RECEIPT FOR CERTIFIED MAIL--30 (plus
SENT TO POSTMARK
Mrs. Barbara P. Hughes ORDATE
STREET ANO N0.
Solsville Road
P.O,, STATE AND ZIP COOE
)rk 13402
FOR ADDITIONAL FEES
RETURN ~ 1. Shows to whom and date delivered ...........
P
With delivery to addressee 0nly ............
PS Form
Apr. 1971 3800
STATE OF NEW YOgK )
COUNTY OF SUFFOLK ) ss.:
NO INSURANCE COVERAGE PROVIDED--
NOT FOR INTERNATIONAL MAIL
Frederick J. Tedeschi ~ residing at Greenport. New York
, being duly sworn, deposes and says that on the20th day
of April, ,19 7 7 , 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 Town of Southold; that said Notices were mailed at the United States Post Of-
rice at GreenporC, New York ; that said Notices were mailed to each of said persons by
(certified) (:~a~lerett~ mail.
Sworn to before me this ~
day~--~7~_Ap~Ll~, 11~ 7~..,~,
Notary Public
DONALD W. DEALE
II~y PUBLIC. State of New Y0r~
~ No. 52-4600772
I~ualified in Suffolk CouIIty__~,
[er~l [xpJres March 30, 19./~,~
Frederick J~ Tedeschi
MEMORANDUM IN SUPPORT OF THE APPLICATION OF
}'RANK VANECEK FOR A SPECIAL EXCEPTION IN
ACCORDANCE WITH ARTICLE III, SECTION 100-30
(B) (9) AND TO A~END APPEALS NUMBERED 1424
AND 1732.
Point I
rather than ~or the protlt o~ the o~ners.
Under Appeal number 1424 this Zoning Board of Appeals stated~
" ..... in determtninswhat constitutes a business activity the
Board ii o~the opinion that this condition should be interpreted
to distinguish possible future activities which are installed pri-
marily for the convenience of local residents rather than for the
profit of the owner."
Submitted herewith are a minimum of 104 signatures of local
residents, neighbors and owners of real property in the area and
neighborhood of the applicant's Marina (68) and owners of pleasure
boats (36) who use the facilities of the applicant's Marina. ~
would like to point out that several of the persons who signed'in
favor of the applicant this time were among those who were against
it in Appeal 1732 in the year 1973.
It is respectfully submitted that the convenience of these
persons will best be served by granting the applicant's application
as requested for the convenience of the persons who signed their
approval and request for same.
The permission requested herein while of a commercial and/or
business nature is not truly a commercial and/or business activity
in the full sense of those words.
Comn~er¢ial has to do withi
"made or done or operating primarily for profit, desi ed to have
~" (Webster's New World Dic onary - ,
Both come. rcs and business generally impl~ activity on a
scale large enough to make a profit.
The operation contemplated by this application may produce
a small profit in the very long run but certainly is not designed
to have a wide popular appeal. The potential number of customers
is limited to 75 the maximum number of pleasure boats permitted.
Accordingly, iC is respectfully subatttted Chat the requested
activities are to be installed primarily for the convenience of
local residents rather than for the profit of the applicant as
~andated in Appeal No. 1424.
Point II
~t~rant the approval herein would be in harmony
the intent and purpose of the Zoning OrdiD~nce
and would not be detrimental to property or persons
in the neighborhood.
At the present lime, it is a common practice for the
dividual boat owners to bring gasoline and oil to the premises
in cans and other vessels. It is then poured by the boat owners
into the boat's gas tank. Spillage occurs into the boat and
water creating a fire hazard.
This is certainly a gross inconvenience to all concerned.
In addition, the minimal availability of soft drinks, ice and
bait have been requested time and a~ain by the users of this
marina. It would not only be for their convenience but would
m~ke life a little easier for all concerned.
Although, there is sufficient hardship shown here it
should be pointed out that a Special Exception is not a variance
and can be issued without proof of hardship. Reed v. Board of
Standards and Appeals, 255 N.Y.126, 174N.E.301.
Point III
'Io grant the approval herein would be in
~armony with aha consistent with the natural
uses aha purposes of this Marina and other
marinas in the Town of Southold. , ....
It should be remembered that applicant seeks permission
to sell gasoline, oil, soft drinks, bait and ice only to the
owners and operators of the boats using the marina and not the
- 2-
general public or passin~ vessel=.
Under no stretch of the imagination can this very liaited
pemission and operati?n b~ a big profit producer for the ap-
plicant. It is strictly a convenience situation primarily.
It is respectfully submitted that the granting of this re-
quested pe~aissionwould be in the spirit of the Zoning Ordinance
to promote the weifare and convenience of the residents of this
Town by eliminating a burdensome, onerous and inconvenient
striction on their boating pleasure.
Accordingly, it is respectfully requested that Chis Board
act favorably on the instant application.
May 10, 1977
Greanport, New York
Respectfully submitted,
Frederick J. Tedeschi
Attorney at Law
403 Main Street
Greenport, New York 11944
($16) 477-2o48
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SEE SEC NO. Ot8
-06-009
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