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HomeMy WebLinkAbout3374Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3374 Application Dated June l], ]985 (Public TO: Esseks, Hefter, Cuddy & Angel, Esqs. as Attorneys for SOUTHLAND CORP. 108 East Main Street, P.O. Box 279 Riverhead, NY 11901 Hearing July 18, 1985) [Appellant(s)] At ~M~e~t~of t~hing Board of Appeals held on August 8, 1985, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article XI , Section ]00-]]9.](a [ ] Request for Application of SOUTHLAND CORP. (7-ll) Variance to the Zoning Ordinance, Article XI, Section 100-ll9.1(a) for permission to construct fence in excess of height limitations in frontyard area at premises identified as 56480 Main Road, Southo]d, NY; County Tax Map Parcel No~ 1000-62--03-37. (B-1 Business Zoning District). WHEREAS, a public hearing was held and concluded on July 18, 1985, in the Matter of the Application of SOUTHLAND CORP., Appeal No. 3374; and WHEREAS, the board members have considered all testimony and documentation entered into the record in this matter, and it is noted for the record that there has been no opposition entered concerning this appeal application; and WHEREAS, the board members are personally familiar with the premises in question and the surrounding properties; and WHEREAS, the board made the following findings of fact: 1. By this application, appellant requests a variance from the requirements of Article XI, Section lO0-119.1(a) for approval of a six-foot high chainlink fence, with redwood slats through the links, 10' by 10' enclosure for the purposes of storage within the frontyard area. 2. The 10' by 10' fence enclosure is shown at six feet from the westerly front property line, set approximately 12 feet from the west side of the principal building. 3. The parcel in question is located in the "B-l" General Business Zoning District, contains an area of 17,954 sq. ft., with 150' frontage along the Main (State) Road and 125' frontage along Locust Lane, a town road. 4. The premises is improved with a one-story masonry building of a size 67' by 35' set back from the northerly front property line (CONTINUED ON PAGE TWO) DATED: August t3, 1985. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3374 Matter of SOUTHLAND CORP. Decision Rendered August 8, 1985 52 feet and from the westerly front property line 35 feet,and the existing 10' by 10' fence enclosure in question. 5. The board members are in agreement with the appellant and find that the height of the subject fence enclosure is necessary for storage of garbage in portable garbage containers, provided that the fence enclosure not be roofed, that the contents to be stored not exceed the height of the fence at six feet, and there be no storage of flam- mable or combustible materials. In considering this appeal, the board has found that this proposal should be granted as conditionally noted below since: (1) the relief requested will not be detrimental to adjoining properties; (2) there will be no substantial change in the character of this district; (3) the relief requested will not cause a substantial effect of any increased population density; (4) the circumstances are unique; (5) the difficulty cannot be obviated by some method feasible to appellant to pursue other than variance. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the relief requested for a fence enclosure within the frontyard area at a maximum height of six feet, as applied under Appeal No. 3374 in the Matter of the Application of SOUTHLAND CORP., SUBJECT TO THE FOLLOWING CONDITIONS: 1. The fence enclosure never be roofed; 2. The fence enclosure be maintained at all times in good condition; 3. When necessary, redwood slats be replaced. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. lk August 13, 1985 RECEIVED AND FILED BY THE $OUTHOLD TOWN Ct'.~.P..K NOTICE IS HEREBY. ..GIVEN , pursuant to Section 267 of' the Town . . Law and the Code of the Town of Southold , the following public hearings will be held . by the SOUTHOLD. TOWN BOARD OF APPEALS at the Southold Town Hall , °Main Road , Southold , NY at a Regular Meeting commencing at 7 : 30 p .m . on THURSDAY , JULY 18 , 1985 , and as follows : 7 : 30 p .m. JOSEPH AND 'ARLENE LESTINGI - Hearing to be reconvened . Permission to locate garage in 'frontyard area . 1150 Sound Drive , Greenpor.t . 7 : 35 p .m. SOCRATES ,AND DAPHNE SPIRAKIS - Variance to the Zoning Ordinance , Article III , ,Section 100-31 ,` Bulk Schedule , for appr6val of a garage addition.,to dwe,11ing '-co6str6ct'ed with an insufficient setback from the northerly sideyard area at premises iden.tifie,d as 500 Teepee Trail , at; "Ndnnakoma Waters , " Southold , NY ; County Tax Map Parcel No . 1000-82-02-23 . 7 : 40 p .m. JOHN AND LORRAINE FABRY. - Variance to the Zoning Ordinance , Article XI , Section 100-119 . 2 for permission to construct deck addition to dwelling with an insufficient setback from existing highwater mark at premises identified as 3700 Deephole Drive , Matti - tuck , NY ; County Tax Map Parcel No . 1000-.115-17-007 . 7 :45 p .m. ROBERT N . KENNEY - Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for permission to con- struct deck addition to dwelling with an insufficient rearyard setback at premises identified as 2320 Gillette Drive , East Marion , NY ; .Marion Manor Subdivision ,, Filed Map 2038 , Lot 11 ; County Tax Map Parcel No . 1000-38-02-024. 7 : 55 p .m. ; R . L . BERGEN OIL CO . ; INC_ - Variance to the : Zoning Ordinance , Article VI , Section 10.07,60 , (1OO.-80.(.C ) [2.] ) for permission to erect detached ground sign , the lower edge of which ils- proposed to be . less than four feet above ground . . ..Premises zoned "C-Light" Indus- trial and identified as 9275 Main Road , , Mattituck , NY ; County Tax Map Parcel ' No . 1000-122-06-12 . 8 : 00 p .m. SOUTHLAND CORP . (7-11 ) - Variance to the, Zoning Ordinance, Article XI , Section 100=119 . 1 (a ) for permission to construct fence in excess of height limitations in fronty'ard area at premises iden- tified as 56480 Main Road , Southold-,. .NY ; County Tax Map Parcel No . 1000-62-03=37 . (B-1 Business Zoning District ) .. 8 : 05 p .m. JOHN F . MARTIN - Variance to the Zoning Ordinance , Article III , Section 100=32 for permission to erect radio antenna tower- 'in excess df height limitations for accessory structures 6t premises identified as 815 Old Shipyard Lane , Southold , NY ; Founders Homesi; Subdivision . Lots 104 and 105 ; County Tax Map Parcel No . 1000-64-05-19. i a Page 2 - Legal Notice of Hearings Regular Meeting of July 18, 1985 Southold - Town Board of Appeals 8 :10• p.m- COMMUNITY CHRISTIAN FELLOWSHIP , INC . - Special Exception to' the Zoning Ordinance , Article III , Section 100-30 (B ) [2] for permission to establish and locate church for worship in this "A-80 " Residential and Agricultural ,Zoning District . Location of Premises : 11565 .C . R.. 48 (a/k/a 11565 Wickham Avenue ) , Mattituck , NY.; County Tax Map Parcel No . 1000-108-01 -003 . The Board of Appeals will hear at said time and place all persons desiring to be heard' in each of the above" matters . Written comments may also submitted prior to the conclusion of the hearing in question . (Tel . 765-1809 or 1802 ) . Dated: June 27 , 1985. BY ORDER OF THE SO'UTHOLD TOWN :BOARD. OF APPEALS GERARD P . GOEHRINGER' CHAIRMAN --------------------- --=------- ------------------- -----------------x Instructions to newspapers : Please publish once , to wit : THURSDAY , JULY 11 , 1985 and forward 7 , affid6vits o.f publication. to : Board of Appeals, Main Road , Southold ,, N.Y 11971 . - ---------------------------------------------------------.-------------x Copies to the following , on or ,about 7/8/85.; Mr . David Kape.11 as agent for Lestingi Mr . and Mrs . Socrates Spirakis , 139 Stratford Avenue., Garden City , NY 11530 Mr . John DeReeder , as agent Mr . and Mrs . John Fabry , 73-23 53rd. Road , Maspe,th , NY 11378 Mr . Robert . N . Kenney ,'' 2.320 Gillette Drive , Box 392 , East Marion 11939 Mr . Dale M.. Bergen , -Pres . , R .L . Bergen Oil Co . , Inc . , 9275 Main Road , Mattituck , NY 11952 Thomas J . Osborne , Esq . as attorney for Southland Corp . (7-11 ) Esseks , Hefter , Cuddy & Angel , 108 East Main St . ; Box 279 , Riverhead Mr . John F. Martin , 815 Old Shipyard Lane ,. Southold , NY 11971 Mr . Carl Daniel Reiter , Jr , as agent for Community Christian Fellowship , Inc . , 7980 Wickham Avenue (a/k/a 11565 C . R . 48 ) , Mattituck , NY 11952 P .O.. Box 780 , Mattituck , NY 11952 FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. , NOTICE OF DISAPPROVAL File No. Date . . . Gt. a0. . . . . . ., PLEASE TAKE NOTICE that your application dated . l. . . . . _, 19 � . . for ermit to construct . . • . '! r�. .JAL . . +'. . . . . . . . . . . . . . . . . . . . . . . . at P Q o�iw. .�!�. . �-`�h�".a Q U� Location of PropertyHouse No. Street Hamlet County Tax Map No. 1000 Section . . . . Block . . . . . Z. . . . . Lot . . . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . ... . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds . .PAAL.c�O� U QT Building Inspector RV 1/80 FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 1197.1 TEL.: 765-1802 :xamined . . . . . . . . . . . . . . . .. 19 . . . Received : . . . . . . . . . . , 19 . . . approved . . . . . . . . . . . . .. 19 . Permit No. . . . . . . . . . . . )isapproveda/c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Building Inspector) APPLICATION FOR BUILDING PERMIT Date . <?c!►. . . �' . . . ., 19 INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink anti submitted to the Building Inspector, with 3 •ts of plans,accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- ition. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit call be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a'Certificate of Occupancy call have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the uilding Zone Ordinance of the Town of,Southold, Suffolk County, New York, and other applicable Laws,Ordinances or egulations, for the construction of buildings, additions or alterations, or for 'removal or demolition, as herein described. fie applicant agrees to comply with all applicable laws, ordinances, builduig code, houpn ode, and regulations, and to unit authorized inspectors on premises and in building for necessary inspecti S. J../ (Signatp e*o*f"applicapt, or name, if corpo ation) ham, X/ 11 1 (Mailing addjCss of applicant) tate whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ame of owner of premises . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . ... . .. . . . . . ... (as on the tax'roll or latest deed) applicant its a corporation, signature of duly authorized officer. / l• (Name and title of corporate officer) Builder's License No. . . . . . . . . . . . . . . . . . . . . . . . . . Plumber's License No. . . . . . . . . . . . . . . . . . . . . . . . . Electrician's License No. . . . . . . . . . . . . . . . . . . . . . . Other Trade's License No. . . . . . . . . . . . . . . . . . . . . . Location of land on which proposed work will be done. . . . . . . . . . �. r v . . . . . !It^. A!4+?. . . . . . . . v - �t e.`0 . . . . . . . . . . . . . Ilouse Number Street Hamlet County Tax Map No. 1000 Section . . . . . . . . . . . . . Block ��. . . . . . . . :. Lot . . . . . .%'. . . . . .. . . . . . Subdivision . . . . . . C?c C44t w. li %iKy �. ) . Filed A1:ip No. Lot (Name) State existing use and occupancy of premises and intended use anti occupancy'of proposed construction: a. Existing use and occupancy . . .l. -/�/ . . c4�> b. Intended use and occupancy C- .` `�.�lf� . . :? ,'. '. . . . . . . . . . . . . . . 3: Mature of work (check which appli , e): New Buildingl . . : . . . Additi___ _ . . . . . . . . . Alteration . . . .. .. . . . . . Repair . . . . . . . . . . . . . . Removal . . . . . . . . . . . . . Demolition . . . . . . . . . . . . . . Other Work . . . . . . . . . . . . . . . (Description) 4. Estimated Cost . . . . . . ? .v. . . . . . . . . . . . . . . . . ... . . . . . Fee . . . . .— . . . . . . . . . . . . . . . . . . . . . . . . (to be paid'on filing this application) 5. If dwelling, number of dwelling units . . . ./v!q. . . . . . Number of dwelling units on each floor . . . . . . . . . . . . . . . If garage,number of cars G. If business, commercial or mixed occupancy, specify nature and extent of each type of use �•z<<x!,f�,� '�rZ�+r 7. Dimensions of existing structures,if any: Front . . . . . . . . . . . Rear . . . .�>. ' . S . . . . . . Depth . . . .�. Height . . /. .. . . . . . . . Number of Stories . . . . . .C.�,�!: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dimensions of same structure with alterations or additions: Front . . ..0' ,YN : . . . . . . . Rear . . . . . . . . . . . . . . . . . Depth . . . . . . . . . . . . . . . . . . . . . . Height . . . . . . . . . . . . . . . . . . . . . . Numbcr of Stories . . . . . . . . . . . . . . . . . . . 8. Dimensions of entire new construction: Front . . . . ./'. `. . Rear ./. ? . . . .{ Depth `3 Height . . . ./. .. . . . . . Number of Stories . . . . . . . 9. Size of lot: Front . . l-4- . . . . . . . . . . . . . . Rear . . . . (. . . . . . . . . . . . . . . . . Depth l.'. . .. . . . . . . . . . 0. Date of Purchase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nam f Former Owner . . G%N cr+�_�:• .. . . . . . . . . . . . . . . . 1. Zone or use district in which premises are situated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. Does proposed construction violate any zoning law, ordinance or regulation: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' 3. Will lot be regraded . . . . . . ./.V9, , , , , , , , , , , , , , , , , Will excess fill be removed from premises: Yes Nc 4. Name of Owner ofpremises.S!,x7rL.+v,r Address 3�'4 I�i '' '�!t�r�'''t;':!%;Phone No. . . . . . . ... ... . Name of Architect . . . . . . . . . . . Address . . . . . . . . ;/ ' �� �+ Phonr, No. N:une of Contractor/.V,�eN r:;fir. ��<��: /t: YAddress/zz F.� ":,� : . �;.:�.+�:gPlione No. 's- ?.:C--J:? i PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and.indicate all set-back dimensions fron )roperty lines. Give street and block number or description according to deed, and show street names and indicate whethe. nterior or corner lot. 'FATE OF NEW YORK, S.S 'OUNTY OF . .�. .l. . . . . . . . . . . . being duly sworn, deposes and says that lie is the applicant (Name of individual signing contract) Bove named. c is the (Contractor, agent,corp6rate officer, etc.) . . said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this ,)plication; that all statements contained in this application are true to the best of his knowledge and belief;and that the ork will be perfonmed in the manner set forth in the application filed therewith. 'worn to before me this `�. .., . . . . . day of. '413,V e, 19 c. otary Public "' = >1�,4.se . .S`. �`{� County JAMES M. M. iMLY IiOTl.r'i i'UULIC 5L' ! t', MEW YQR'% . . . . . . `!fir�� ! / . . . . . . . . . . )ual,imi, ;,: „;;,�iM ;;,,unty (Signature of applicant) Commission Lxpc s %laic; 301 Oliy MOVED TOWN OF SOUTHOLD, NEW YORK �J u fJ _w MMM P APPEAL F°T ROM D�ION OF BUILDING INSPECTOR APPEAL NO. 3 �ty�q 1rr�$r Cfl[t, DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. �C.....Clldd ..# .....J:4$...E.... Main„Street...........................: . . Name of Appellant Street and Number •,..• Riverhead,.., •.• •..... ...New York••••.HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED Januarx,: 5, 1985 WHEREBY THE BUILDING INSPECTOR DENIED TO Judy Pascucci c/o Southland Cori. Nome.of Applicant for permit of 3.0.0 .nat=...P.arkw+ay. ...........Hauppaiige........................j9oW...S?Zk............. Street and Number Municipality State ( ) PERMIT TO USE i ( ) PERMIT FOR OCCUPANCY (X ) Permit For Construction . 1. LOCATION OF THE PROPERTY .�6.�$.R.. a. >I}..Road,,,•Southold 'L ................. ...... Street Use District on Zoning Map Tax... .R..�I4..... Q.Q-.6.2-. ...3.?........................ Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- P section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article XI Section 100-119 .1 (a) 3. TYPE OF APPEAL Appeal is made herewith for (X ) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ®tills (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No. ................................Dated .......................................................•.............. REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X) A Variance to the Zoning Ordinance . ( ) is requested for the reason that Southland Corp. owns and operates a 7-11 convenience store at the above address . A dumpstek is located on the west side of the building for the purpose of collecting and removing refuse generated by :store operations. The proposed chain link fence is intended to be built to enclose the dumpster and hide it from view. The dumpster is approximate-1 six feet high: Therefore, Southland Cvrp:. applies for a variance from the Zoning Ordinance allowing it to build a 6 " high chain link fence with Form ZBI redwood rpivacy slats placed through the links in order to hide the whole dempster from view. It is believed that erecting such a fence around the dumpster is the simplest and least expensive, yet effective, method of hiding the dumpster from view. N - �L• ppC:j: _ �c- E� :j?c J . � ,•:ki __ - "^\...` .,.._ .mot.,'`:,::-.; _ REASON FOR APPEAL Continued 1. STRICT APPLICATION OF.THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because It is Southland Corps. desire to make the premises as aesthetically pleasing as is reasonably possible. The dumpster next to the building is visible from the street, and is, one must agree, unattractivc The. dumpster is approximately six feet high, and cannot be hidden by a four foot high fence, the highest allowable in the front yard of any zoning district in the Town of Southold. The fence the Southland Corp. desires to place around the dumpster - a 6 foot high chain link fence with. red- wood slats placed through the links - will hide the dumpster from view, but may only be erected if a variance from the Zoning Ordinance is granted.- 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because No other property in the immediate vicinity needs onuses a 6 ' tall dumpster in which to collect the refuse generated on the premises . Southland Corps. store requires a dumpster of this size because of the amount of refuse generated by its business . Therefore, no other property owner in the vicinity would have even. the need to build a 6' high fence in the front yard area of their property, making the Southland Corp' s . hardship unique. 3. The Variance would observe the spirit of the Ordinance and 'WOULD NOT CHANGE THE. . CHARACTER OF THE DISTRICT because Section 100-.119 .1 is intended, upon information and belief, to limit the height of fences in order to keep the properties visually attractive. -For instance, a ten foot high brick wall running along the frontyard line would be highly unattractive and create a fortress-like atmosphere, whereas a 4' - high wall would not. Southland Corps. main reason for wanting a 6' high fence is to pre- serve and enhance the aesthetics of -its premises . Since this would. serve the purpose and spirit of the ordinance,.. the variance should be granted. Doing so would help preserve the- character of the area . 9 STATE OF NEW YORK ) cS���o��C � ss .............. :........ COUNTY OF ......................J. ... ignature j Sworn to this .................. .11.......- ........ da of................. .NL ................. . _ y ..... .. 19�s �. . ......Notary Public .. . . .. �3ENE VtEVEWOES p Y oNftryPublic, blc,S11Now i 4f auslifled in Suffolk County Commission E01res March 30.188d j-o �r .E- L . 5• a L' K• !y; s L- }:1 -�-..�ti:•:%� o-ter 'i F.« 14 TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT ' FORMER OWNER , N E ACR. j TYPE OF BUILDING RES. SEAS. VL. FARM COMM. ) CB. MISC. Mkt. Value P LAND IMP. TOTAL DATE REMARKS �� D 4�8 o ��- 7lv ,SAIe R/ee?l A..s�/ -- Soa'7hvl�,�acc,r/r9l/P COP c '� t �,� dZ �( q �+ / . J L - 8.?Jz_ !a�� er / J 3 z—o Z/� Tr� 'sl L Z .7- / cS 66 .r 2� f�U�?. �.�'_- O ►J ( l�A' S' Q I �A. -T,, . -7l7 io7 j� G C.' F 9/ /� �c��� �- _ d,�6 �7'rr c 41 Zc, F,S'a i-T- /tea<r/s 6, /cn zn Z G ;) �� 7� ci (7 9'2 .�,� %/ Ga,af'�/1/0 ~�G.3 S RQ nrTar _7; e , -T- Sp u 7i A./c< <Va rz,� o7K 16606 /D-�z �G �� ,�'/�� r.T4/i971z 10w• ate rc Q�r AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable 1 Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plot DEPTH BULKHEAD Total DOCK 4 Southold Tow* n.Boardaf App'eals MAIN ROAD-STATE ROAD 25 .SOUTHOLD, .L.I.,' N.Y. 11971 -- TELEPHONE (516) 765-1809 APPEALS BOARD• June 27 , 1985 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN.. S.E.Q.R.A. CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION ROBERT J. DOUGLASS' JOSEPH H. SAWICKI .:Notice of Determination of Non-Significance APPEAL NO. : 3374 PROJECT NAME: Southland Corp . This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local - --Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that. this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or ' similar. project. TYPE OF ACTION: [ ] Type II [XA. Unlisted [ ] DESCRIPTION OF ACTION: Variance for fence exceeding 4 ' in LOCATION OF PROJECT:. Town of Southold, County of Suffolk,' more• particularly known as: Main Road , Sguthold REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur. .should this project be imple- mented as planned; (2) The property in question is not located within 300 feet of tidal wetlands or other critical environmental area - FOR FURTHER INFORMATION,_ PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals•,._ Town Hall, Southold, NY 11971; tel. . 516- 765-1809 or 1802.. Copies -of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. COUNTY OF SUFFOLK Y .Department of Planning 360-5206 LEE E. KcIPPELMAN DIRECTOR OF PLANNING August 22, 1985 Town of Southold Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter .for local determina- . tion. A decision of local determination should not be construed as either an approval or a disapproval. Ap,plicant(s) Municipal File Number(s) Mr. & Mrs. Socrates Spirakis 3364 Mr. & Mrs . John Fabry 3368 Southland Corp. 3374 Very truly yours, Lee F. Koppelman Director of Planning; b Gera zi G. Ne�mian Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE.L.L.NEW YORK 1 1 783 o 9LA- Southold Town. Board MAIM ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN August 15, 1985 CHARL_ES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOLIGLASS JOSEPH H. SAWICKI Pursuant to Article XIII of the Suffolk County Charter , the Board of Appeals of the Town of Southold , New York , hereby refers the following to the Suffolk County Planning Commission : XX Variance from the Zoning Code , Article XI , Section 100-119.1a Variance from Determination of Southold Town Building Inspector Special Exception , Article ,. Section Special Permit Appeal No . : 3374Appl'icant : Southland Corp. Location of Affected Land : 65480 Main Road, Southold County Tax Map Item No . : 1000- 62— 03-37 Within 500 feet of : Town or Village Boundary Line Body of Water (Baja , Sound or Estuary) XX State or County Road , Parkway , Highway , Thruway Boundary of Existing or Proposed County , State or Federally Owned Lana Boundary of Existing or Proposed County , State or Federal Park or Other Recreation Area _ Existing or Proposed Right-of :Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines , or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport . COMMENTS: Applicant is requesting permission to construct fence_in front. yard area at premises identified above Copies of Town file and related documents enc:l sed for your review. Dated . ecretary , Board of—Appeals F Our ; : o5uthold MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI August 13 , 1985 Esseks , Hefter , Cuddy & Angel , Esqs . 108 East Main Street P .O . Box 279 Riverhead , NY 11901 Re : Appeal No . 3374 - Southland Corp . Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved , please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may be applicable. If you have any questions , please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802) . Yours very truly, GERARD P. GOEHRINGER CI-i .IRMAN Enclosure y Linda F. skiL Copy of Decision to Secretary Building Department Suffolk County Planning Commission q P � $D y Southold, N.Y. 11.971 (516) 765-1938 July 31 , 1985 Mr. William Esseks Attorney at Law 108 E. Main Street Riverhead, NY 11901 Re: Seven Elevens at Southold, Greenpor_t and Cutchogue Dear Mr. Esseks: The following actions were taken by the Southold Town Planning Board, Monday, July 29, 1985 . RESOLVED that the Southold Town Planning Board approve the site plan of Seven Eleven located at Southold for the construction of a storage building; plan dated as last revised 11/1/84 and certified by the Building Department. RESOLVED that the Southold Town Planning Board approve the site plan of Seven Eleven located at Greenport for the construction of a' storage building; plan dated ll/1/84 and certifie' d .by the Building Department. RESOLVED that the Southold Town Planning Board approve the site plan of Seven Eleven _located at Cutchogue for the construction of a storage building; plan dated 3/14/84. and certified by the Building Department. Subject to the conditions of the Board of Appeals regarding variance No. 3323 . If you have any questions , please don' t hesitate to contact _ our office . Very truly yours , r G BENNE!'T ORI�OWSKI, JR. ,CHA)_RMAN SOUTHOLD TOWN PLANNING BOARD j By Diane M. Schultze , Secretary cc: Building Department an Board of Appeals o Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765 180 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO WHOM IT MAY CONCERN: Please find enclosed herewith copy of the Legal Notice as published in the local and official newspapers of the Town of Southold , to wit , L. I. Traveler-Watchman, Inc. and Suffolk Weekly Times , Inc. indicating the time and date of your recent application with the Board of Appeals. Someone should appear in behalf of the applicant at the public hearing in the event there are questions from board members or persons in the audience. If you have any questions, please do not hesitate to call our secretary, Linda Kowalski , at 765-1809 (or if no answer , 765-1802) , or Barbara Rudder . Yours very truly , GERARD P. GOEHRINGER C 11A I RMAN lk Enclosure Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 11, 1985 To: Southold Town Zoning Board of Appeals From: Judith .T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3374 application of the Southland Corporation for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Dept. ; Application for Building Department; and surveys. Judith T. Terry Southold Town Clerk ���� TOWN OF SOUTHOLD, NEW YORK i - APP t��° _ F SION OF BUILDING INSPECTOR APPEAL NO. DATE ............................. . E TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. > (We)E.$SekS.,... .ft� ,....�udY..&...?�nge.�f .. 1Q$...E Main Street .... ........... ... . ............................. Name of Appellant Street and Number Riverhead New York ...... HEREBY APPEAL TO........................ h Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON F APPLICATION FOR PERMIT NO. ........... DATED 1985 .............. WHEREBY THE BUILDING INSPECTOR DENIED TO Judi Pascucci c/o Southland Corp. Name of Applicant for permitFr of 3.0.0...Ma tar...P.arkway. ............Hauppau.ge........................jIQW.. 'ork..:.......... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X ) Permit For Construction . 1. LOCATION OF THE PROPERTY .56.�#$.Q.. ?an„R9ad, Southold ...... ..... Street Use District on Zoning Mop T4�c..Ma.P...NQ.,...1,00,0-.Q2-3-3.7........................ Map No. at No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) ' Article XI Section 100-119 .1 (a) rk 3. TYPE OF APPEAL Appeal is made herewith for P r (X ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap, 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal �> (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No. ................................Dated ...................................................................... Pr REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X) A Variance to the Zoning Ordinance ( ) is requested for the reason that Southland Corp. owns and operates a 7�ge/nerated onvenience store at the above address . A dumpster is located on the ede of the building for the purpose of collecting and removing refuse by store operations . The proposed chain link fence is intended to be built to enclose the dumpster and hide it from view. The dumpster is approximate?16 six feet high. Therefore, Southland Corp:, "applies for a variance from the Zoning Ordinance allowing it to build a 6 " high chain link fence with Form ZBT redwood rpivacy slats placed through the links in order to hide the whole dempster from view. It is believed that erecting such a fence around the dumpster is the simplest and least expensive, yet effective, method of hiding the dumpster from view. i REASON FOR APPEAL Continued r i 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because It is Southland Corp' s , desire to make the premises as aesthetically pleasing as,-,,is reasonab]y possible . The dumpster next to the building is visible from the street, and is, one must agree, unattractive The. dumpster is approximately six feet high, and cannot be hidden by a four foot high fence, the highest allowable in the front yard of any zoning district in the Town of Southold. The fence .the Southland Corp. desires to place around the dumpster - a 6 foot high chain link fence with, red- wood slats placed through the links - will hide the dumpster from view, but .may only be erected if a variance from the Zoning Ordinance is granted. e 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because No other property in the immediate _ vicinity needs or .uses a 6 ' tall dumpster in which to collect the refuse generated on the premises . Southland Corp' s . store requires a dumpster of this 'size because of the amount of refuse generated by its business . Therefore, no other property owner in the. vicinity would have even the need to build a 6 ' high fence in. the front yard area of their property, making the Southland Corps. hardship unique . 3. The Variance would observe the spirit of the Ordinance and 'WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because Section 100-119 .1 is intended, . upon information' and. belief, to limit the height ,of fences in order to keep the properties visually attractive . ,For instance, a ten foot high brick wall running along the froiityard line would be highly unattractive and create a fortress-like atmosphere, whereas a 4 ' - high wall would not. Southland Corp' s . main reason for wanting a 6 ' high fence is to pre- serve and enhance the aesthetics of its premises . Since this would serve the purpose and spirit of the ordinance,. the variance should be granted. Doing so would help preserve the character of the area . I STATE OF NEW YORK ), COUNTY OF�G(��o��C � ss s.. ignature .......... J. ... Sworn to this .................... .// J L /f...................... day of........................,/.V.......................... 19,95 r Notary Pu ....................... blic GENEVIEVEWOEIf'R Notary Public.State of Now York No.4,811488 Oualifled in Suffolk County Commission Expires March 3%1988 IpARD OF APPEAL5. 1OWN OF SOU OLD In the Matter or the Petition of • NOTICE to the Board of App als of the Town of Southold TO ADJACENT TO: Mr. & Mrst. John Hunter PROPERTY OWNER 56600 Main Road Southold, New York 11971 i YOU ARE HEREBY GIVEN NOTICE: ° 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) [circle choice] r 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: —_56480 Main Road, Southold, New York f Tax Man 11000-62-3-37 - 3. That the property which is the subject of such Petition is located in the following zoning district: B-2 General. Business District 4. That by such Petition, the undersigned will request the following relief:.. A, t�ar,'an�P -, --�--T • �r om Article XT Section 100,119 1(a) to CQns.truct a 6 foot high chain link fence in a front yard area 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are- Article XL Section-_ 1 M-.11 9 '1 (a) I 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 may then and there examine the same during regular office hours. (516) 7�5-1809. 7. That before the relief may sought be g y 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 Suffolf '701qgs and In th9 l 9hS Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold itj , Ipated f®r,9W publication of such notifes; that you or your representative have the right to appear ar d b at such hearing. . - Dated: • f E'sseks Heuer CuddyN & Angel. Petitioner t s' Attorneys Post Office Address O Riverhead; New York 11901 q ari1.1 �i t1,1lj u(,�•3yy}v�, df 93 T"171 i l PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTSNAME " k ADDRESS Mr . & Mrs . John Hunter 56600 Main Road, Southold, N .Y. 11901 i I I i I j STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.' Genevieve Woessner residing at (NO) # Sound Avenue Matt i - lick, N_v_ being duly sworn, deposes and says that on the 10 th day of , un„ , 19 _85 , 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- fice at =Ri vPrhead ; that said Notices were mailed to each of said persons by (certified),irpj�mkmail. Sworn to before me this i nth day of 19 R i N ary Public THOMAS J.OSBORNE Notary Public,State of New York' No.4812430 Qualified in Suffolk County Commission Expires March 30,1986' PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Mr. Albertson & Mr . Katz Colonial Corners, Main Road, Southold, N.Y. 1s01 t STATE OF NEW YORK ) COUNTY OF SUFFOLK ). ss': Genevieve Woessner residing at (No) # Sound Avenue, of N v being duly sworn, deposes and says that on the 10th day junP , 19 85 , 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- fice at Riverhead ; that said Notices were mailed to each of said persons by (certified) (ccgb a mail. �uu Sworn to before me this 10th day of _ Tun Q , 19 _8 5 � rn *ary Public THOMAS J.OSBORNE Notary Public,State of New York No.4812430 Qualified in Suffolk County . Commission Expires March 30,1988 i BOAR"I` APECALS.TOWN O�7'F#�l n In the (Matter of the Petition of NOTICE to the R and of AypSals of the Town of Southold TO ADJACENT TO: Mr. Albertson PROPERTY OWNER Mr. Katz Colonial Corners Main Road Southold, New York 11971 YOU ARE HEREBY GIVEN NOTICE: I. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) XIWMXX( g31X [circle choice] r 2. That the property which is the subject of the Petition is located adjacent to your propt�rty and is des- cribed as follows: 9648D i n Road Southold New- York Tax Map 11000-62-3-37 — 3. That the property which is the subject of such Petition is located in the following zoning district: Te ;r,o ili t iCt 4. That by such Petition, the undersigned will request the following relief: A variance.. from Article XT Bart•;on 100-119 1(a) to construct a 6 foot high chain link fPnnA J n n frnnt v+arrl S. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article 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 may then and there examine the same during regular office hours. (516) 7�5-1809. 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 Suffo�! 6 and in the Lori Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold.l!9 OOignated fof'tht;pubiication of such notifes; that you or your representative-have the right to appear acid tb¢,heard at such hgaTing. . ' fir 1i Datid: S v..r-� i 1�•9 Petitioner's Attorneys I Pose Office Address 108 E. Main Street P .O . Box 279 ' I R�VP}_hPa�r N N Ynrk 1 1 Q01 I - i J i ..,���4.:.�' +�i�`}=�'?d s!�- irk t,:;N {}g t,!,• 'o� , The N . Y . S . 1-rivironmental Qualicy Ie••/ i (,- fact re(ii., ; res 'u1) ( „ mission of thi form, and an env ironinentia Ieview v! i I i tie made by this board before any action is td,"•KUr) : SHORT .NViROTMENTAL A.`3 S;7 ENT FOR14 I;!STF?'_'CT'_C";S s (a) In crler to answer the questions in this sh;;rt EAF in is assured that the preparer will use currantlY available inforr:ar-ion r_or;corning the project and the likely impacts of the act;on. It is not expected that additional stulier., ruccerch or cther investigations will be undertaken. (b) If any c,ucsLion has been anowered Yes the project m,y Le significant and a ccmpieted Environmental Assessr.ent Form is necer;;nr;r. (c) If all que!:tion3 have been answered No it is lileely thct this project 19 nc: significant. (d) Environmental Anses9rre.nt 1. Will project result in a large ' hysicr,l chiange to the project site or physically alter more than 1C dCr?9 Of land? Yes ?vtO 2. Will there be a major change to arq unique or unusual lani fain fouid on the cite? • Yes Will PT-C'er.•t; alter or have a largo affect on • an ex-isting body Of Water? • • • • . • . • • , - Y a I 7!U 4. W'41 p: c jest have a potentially J arge impact, on groundwater quality? • • . . . . . • • • . . Yer. 5. Will project sip;nificantly effect drainage flaw on adjacent sites? . • . • • . • • • • . • Yes NO 6. ri ll project affect any threatened cr endar;gervd plant or arLG:-al species? . • . . • . . • v . . ��• Yes 7. Will pz•c;,ect.result in a major adverso effect on _._. � t:o air quality" . . . . a . . . . . . •leg e. Will project have a major effect on vi.nual char- acter of tY.e co%, ,nunity or scenic vi.^ws or vistcu known to be Important to the ccm.nunity? • . . •w­ Yes sL NO 9. Will project adversely impact any site or struct- ure of historic_, pro-nistoric, or p,kieor,tolc,Fical lmport.3nce or any site designated as a critical envircnnental area by a local agoncy? . . . Yea iic7 10. ` 111 project have a rr:A jor affect on existing Cr future recreational. opportunities? . . •�_ Yes i!o 11. Will prejee: result in major traffic problems or cause c, major effect to existing; traribportaticn systems? • • • • • • • • • • . . Yes X No 12. Will project regularly cause objectionable odors:, noise, glare, vibration, or eleci.ricai disturt.- ance as a result of the project.'!; operri,tion? 13• Will protect have any impact, on public li,:alth ar• safety" r ® . Yes � Nc 1L. Will project -0flcct the existing comr.un :,y by directly causing a growth in perm.an;:nt popr.la-- Lion of more trran 5 percent over a one year period or have a major negative ef:'ect or, tr:e character of the cor.munity :r r•ei,.OiLorhocd? . N Yes _ NO 15. Is there public controversy ccnccrrr,ng tiro pro,-.cct? Y•.s FgtEFLj�:a'S SIG;laTL'FtEse Jul ___ _ TITLE: ..�} RESE.ITING: �- BATE: �� _._ 1 _ 9 /!/78 QUESTIONNAIRE TO BE COMPLETED AND FILED WITH APPLICATION TO THE Z.B.A. The. New York State Tidal Wetlands and Use Regulations, 6 NYCRR, Part 661, requires an application to the N.Y.S. Department of Environmental Conservation, Environmental Analysis Unit, Building 40, S.U.N.Y., Stony Brooli, NY 117941, (tel. 516-751-7900) , if you have checked Box #1 and/or Box #6 below: Please either call their office or personally visit them at their Stony Brook office for instructions and application forms. Once you have received written notification of approva please provide our office with a copy. (with the conditions) as early as possible in order that we may continue processing your Z.B.A. application. [ ] L. Waterfront without bulkheading [ ] 2. Waterfront with bulkheading in good condition [ ] the full length of the property [ ] at least 100' in length ] 3. Not located within 300' of waterfront or wetlands area [ ] 4. May be located within 300' of waterfront or wetlands area; however, the following structure separates my property from this environmental area: [ ] 50' existing road [ ] existing structures [ ] bluff area more than. 10' in elevation above mean sea level ( ] 5. This proposed addition/expansion of an existing building will be more than 75' from the landward edge of tidal wetlands/waterfront areas. [ ] 6. This proposed addition/expansion of an existing building will NOT be more than 75' from the landward edge of tidal wetlands waterfront area. [ ] 7. Please be aware that any. and all subdivisions and new dwellings will also require an application to the N.Y.S. . Department of Environmental Conservation for their review and approval. If you are able to provide them with recent photographs of the project and wetland areas, it would help expedite the processing of your applica- tion. This questionnaire is made to explain the requirements of this State Law and to prevent any unnecessary delays in processing .your applications) . NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the fol- lowing public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, JULY 18, 1985, and as follows: 7:30 p.m. 3OSEPH AND ARLENE LESTINGI- Hearing to be reconvened. Permission to locate garage in frontyard area. 1150 Sound D r i v e, Greenport. 7:35 p.m. SOCRATES AND DAPHNE SPIRAKIS- Vari- ance to the Zoning Ordinance, Article lB, Section 100-31, Bulk Schedule, for approval of a garage addition to dwelling constructed with an insuffL cient setback from the norther- ly sideyard area at premises identified as 500 Teepee Trail, at "Nunnakoma Waters," Southold, NY; County Tax Map parcel No. 1000-82-02-23. 7:40 p.m. $OHN AND LOR- RAINE FABRY- Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for per- mission to construct deck addi- tion to dwelling with an insuf- ficient setback from existing highwater mark ut premises identified as 3700 Deephole Drive, Mattituck, NY; county Tax Map Parcel No. 1000-115. 17-007. 7:45 p.m. ROBERT N. KEN- NEY- Variance to the Zoning Ordinance, Article Ill, Section 100.31, Bulk Schedule, for per- mission to construct deck addi- tion to dwelling with an insuf- ficient rearyard setback at pre- mises identified as 2320 Gil- lctte Drive, East Marion, NY; Marion Manor Subdivision, Filed Map 2038, Lot 11; Coun- ty Tax Map Parcel No. 1000- 38-02-024. 7:55 p.m. R.L. BERGEN OIL CO., INC.- Variance to the Zoning Ordinance, Article VI, Section- 100-60 (100-80(C)[2]) for permission to erect detach- ed ground sign, the lower edge of which is proposed to be less than four feet above ground. Premises zoned "C-Light" In- dustrial and identified as 9275 Main Road, Mattituck, NY; County Tax Map Parcel No. 000-122-06-12. 8:00 p. m. SOUTHLAND Co?p. Ir-Il)- Variance to the Zoning dinance, Article Xl, Section 00-119.1(a) for permission to ~onstruct fence in excess of ~cight limitations in frontyard ~rea at premises identified at 56480 Main Road, Southold, NY; County Tax Map Parcel No. 1000-62-03-37. (B-1 Bust- ness Zoning District). d8:05 p.m. JOHN F. MAR- Variance to the Zoning inance, Article HI, Section 100.32 for permission to erect radio antenna tower in excess of height limitations for acces- sory structures at premises identified as 815 Old Shipyard Lane, Southold, NY; Founders Homes Subdivision Lots 104 and 105; County Tax Map Parcel No. 1000-64.05-19. 8:10 p.m. COMMUNITY CHRISTIAN FELLOWSHIP, INC.- Special Exception to the Zoning Ordinance, Article III, Section 100-30(B)[2] for per- mission to establish and locate church for worship in this "A-80" Residential and Agri- cultural Zonin~ District. Loca- tion of Premises: 11565 C.R. 48 (a/k/a 1156.5 Wickham Av- enue), Mattituck, NY; County Tax Map Parcel No. 1000-108- 01-003. The Board of Appeals will hear at said time and place all persons desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclu- sion of the hearing in question. (tel. 765-1809 or 1802). Dated: June 27, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ................... ./. ...... weeks successively, commencing on the ......... ././. .......... ..... /\/- '_.. / c, ...... ..... >. ..... Sworn to before me this ..................... day of Notary Public BARBARA FORBES Notary Public, State of New York No. 48C~846 Qualified in Suffolk County Commission Expires March 39, 19 ~I~ll 1t, 1985 Legal Notices LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Cede of the Town of Southold, the following public hekrings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hail, Main Read, Southold, NY at a Regular Meet- lng commencing at 7:30 p.m. on THURSDAY, JULY 18, 1985, and as follows: 7:30 p.m. JOSEPH AND AH- LENE LESTINGI - Hearing to be reconvened. Permission to lo- cate garage in frontyard area. 1150 Sound Drive, Greenpert. 7:35 p.m. SOCRATES AND DAPHNE SPIRAKIS - Vari- ance to the Zoning Ordinance, Article IH, Section 100-31, Bulk Schedule, for approval of a gar- age addition to dwelling con- structed with an insufficient set- hack from the northerly sideyard area at premises identified as 500 Teepee Trail, at "Nun- nakoma Waters," Southaid, NY; County Tax Map Parcel No. 1000-82-02-23. 7:40 p.m. JOHN AND LOR- RAINE FABRY - Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permis- sion to construct deck addition to dwelling with an insutY~cient set- back from existing highwater mark at premises identified as 3700 Deephole Drive, Mattituck, NY; County Tax Map Parcel No. 1000-115-17-007. 7:45 p.m. ROBERT N. KEN- NEY - Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for per- mission to construct deck addi- tion to dwelling with an insuffi- cient mm'yard setback at prem- ises identified as 2320 Gillette Drive, East Marion, NY; Marion Manor Subdivision, Filed Map 2038, Lot 11; County Tax Map Parcel No. 1000-38-02-024. 7:55 p.m.R.L. BERGEN OIL CO., INC. - Variance to the Zen- lng Ordinance, Article VI, Sec- tion 100-60 (100-80(C)[2]) for permission to erect detached ground sign, the lower edge of which is proposed to be less than four feet above ground. Premises zoned "C-Light" Industrial and identified as 9275 Main Read, Mattituck, NY; County Tax Map Parcel No. 1000-122-06-12. ~8:00 p.m. SOUTHLAND I'CORP. (7-11) - Variance to the Zoning Ordinance, Article XI, Section 100-110.1la) for permis- sion to construct fence in excess )f height limitations in frontyard ·rea at premises identified as 56480 Main Read, Southold, NY; County Tax Map Parcel No. 11000-52-03-37. lB-1 Business Zoning Dis~:rict). 8:05 p.m. JOHN Ii'. MARTIN - Variance to the ~oning Ordi- nance, Actiele III, Section 100-32 for permi~ion to erect radio an- tenna tower in excess of height limitation8 for aece~ory struc- ture~ at premises identified as 815 Old Shipyard Lane, South- old, NY; Foundem Homes 8ub- divicion Lat~ 104 8nd 105; County Tax Map Parcel No. 1000~14.05~19. 8:10 p.m. CHRISTI/~ I~ILLOWSItIP, INC. - Special Rxception te the Zoning Ordinance, ~rticle III, Section 100-30lB)[2] for permi~- sion to establish and locate church for worship in this Residential and Al~'iculturai Zoning District. Location of Premises: 111565 C.R. 48 11565 Wicklmm Avenue), Mat- titack, NY; County Tax Map Par- c~l No. 1000q08-0L003. The Board of Appeals will hear at &qid time and place all pemons desiring to be heard in each of the above matter~. Written com- ments may also be submitted prior to the conclusion of the hearing in question. (Tel. 765- 1809 or 1802). Dated: June 27, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P: GOEHRINGER CHAIRMAN STATE OFNEWYORK ) ! SS: COUNTY OF SUFFOLK ) AN~ I,EgF:~,q of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published et Greenport, in the Town of Southold, County of Suffolk end State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for one weeks successively, commencing on the ] 1 dayof July 19 Principal Clerk Sworn to before me this Jul day of__ 'Y