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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 -3- SEE SEC NO. Ot8 -06-009 67.0 A (c) 2A A{c) 3.3 A(c ) ~1 3,8 j % 6 .SA(c)