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Home My WebLink About3350~/.s ,lain Rd. & E/s Depot La. #3322 L i ~e~ ~ k~, ao s~-p h~ ~[i~Za~ ~ /~5 3322~ Special. exception hearing~_to con.~en~e.con,- cerning establishment of ?cquetball/ p~iv'ate ~embe~sh~p "~'~ ~:'~/~ 3350 V, ariance to construct building ~f.or private ~N. membership with an insufficient s~tback ~ :u 5� Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3350 Application 'Dated March 26 , 1985 TO. Dr. Joseph J . Lizewski , D . D. S . -[Appellant (s) ] Main Road Cutchogue , 'NY 11935 At a Meeting of the Zoning Board of Appeals held on May 2 , 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 [X1 Request for Variance to the Zoning Ordinance Article III Section 10.0-.30.(B) [6] . . . . . . . . . . . . [ ]. . Request .for. .. . . . . . . . . . Application of. :.JOSEPH LIZEWSKI , "29205 Main Road , Cutchogue , NY for a Variance to the'"Zoning Or finance-, Article III , Section 100-30 (B) [6] for permission to construct building for private membership with an insufficient setback from the easterly property line . Location of Property : North Side of Main Road and East Side- of Depot Lane , Cut- chogue , . NY ; . " County." Tax - Map " Parcel No .. 1000-102-02-12 . 1 . WHEREAS, 'a .pu.blic hearing was held and concluded on April 11 , 1985 concerning the Matter of .the _Applicat.ion of. JOSEPH 'LIZEWSKI under Appeal No . 3350 ; and _ WHEREAS, the board members have personally viewed and are familiar witht he premises in question as we.11_ as. its surrounding area , and WHEREAS, the board has considered .all testimony and documentation entered into the record concerning this application , and WHEREAS , there has been no -opposition entered in the record up until the conclusion of .the public hearing , and WHEREAS , the board made the following findings of fact : 1 . The property in question is. located in a "B-Light Business " Zoning District pursuant to a change of zone granted" by the Southold Tow Board March 9 , 1982. 2 . The property in question fronts along the north side of the Main Road (State Route 25_) 147 . 39 (and. .116.:. 37-.) feet and is also situate With frontage along the east side of .Depot Lane_ 173 . 13 feet -.(and 233 . 7 feet ) , and is shown to contain an a,_rea __of a_pproximat_ely 1 . 5 acres and approximately 20 ,000± sq. ft. including the. one-family dwelling and lot at the corner of Depot Lane and Main Road, also owned .by the applicant . 3. The subject premises is improved as shown on the site plan dated April 6 , '1984 , .for one-family. residence and professional office (CONTINUED '.ON .PAGE 'TWO) DATED: May. 17 ,, 1985 .. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No . 3350 Matter of JOSEPH LIZEWSKI Decision R—endere.d May 1985 uses . 4 . By this application , applicant proposes to construct a 44 ' by 66 ' recreation building addition for a private racquetball membership club with a setback at its closest point from the east side line at 32 feet , which is 8 feet closer than the estab- lished sideyard setback of the existing principal structure . 5 . Article III , Section 100-30 (B) [6] permits annual membership clubs catering exclusively to members and their guests subject to the following requirements : (a ) No building or part thereof or any parking or loading area shall be located within one hundred (100 ). feet of any street. line nor within fifty (50 ) feet of any _1 ot. line . . _.. 6 . It is the opinion of the board that the easterly sideyard has been established at 40 feet .and the setback as proposed at 32 feet could be allowed for this addition if the special exception use for a racquetball club were not required by Section _.100-30 (B).[6] , that the relief requested is minimal and is. in harmony with the intent of the zoning ordinance . In considering this application , the board has determined that the relief as requested be granted since : (a ) the relief is not substantial ; . (b ) the relief will not be detrimental to . adjoining properties ; (c ) the relief will not adversely affect the character of the district; (d ) the practical difficulties are sufficient to warrant approval hereof ; (e ) the circumstances are unique since the property has residential structures existing as a nonconforming use since prior to the change of zoning from "A" to "B-Light." ; (f) in view of the manner in which the difficulties arose , the interests of justice will best be served by allowing same , as noted below. Accordingly , on motion by Mr . Goehringer , seconded by Mr. Sawicki , it was RESOLVED , that the relief requested under Appeal No . 3350 in the Matter of the Application of JOSEPH LIZEWSKI for an insufficient setback from the easterly sideyard at 32 feet for a proposed recreational club addition , BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING : Modification of the Site Plan by the Planning Board to include a minimum of 27 parking spaces ( inclusive of handicapped parking) . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . lk GERARD P . GOEHRINGER, C IRMAN May 17 , 1985 v 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 , MARCH 7 , 1985 ; and as follows : 7 : 30 p .m. Application of DOUGLAS A : '000PER , P .O . Box 16 , Mattituck , 'NY for a Variance to the Zoning Ordinance , Article III , Section 100-30 (A ) for permission to construct pole barn/stable accessory to keeping of .horses.•on .this 2 . 4± acre parcel located on a;:private right-of-way extending from the north side of Bergen Avenue , Mattituck , 'NY ; District 1000 , Section 105 , Block 01 , Lot 002 . 2 . 7 : 35 P .M. Application of JOSEPH J : 'LIZEWSKI , 29205 Main Road , Cutchogue ,. 'NY for a .Special Exception to the Zoning Ordinance, Article VI , Section -100-60 (B) [1 ] (a ) ; and Article III, Section 100-30(B)[6] for permission to establish recreational use (private racquetball membership club ) at premises located on the north side of Main Road and east side of Depot Lane , Cutchogue , NY ; District 1000 , Section 102 , Block 02 , Lot 12 . 1 (B-Light Business Zone ) . 7 : 40 p .m. Application of ALICE D..' CURRIE, 68 West Fenimore Street , Valley Stream , NY 11580 , for a Variance to the Zoning Ordinance , Article III , Section 100-31 to re-define and change lot lines of three parcels which contain insufficient area , depth .and width , located on the North Side of Soundview Avenue , Southold , NY ; District 1000 , Section 059 , Block 06 , Lots 18-19 . 7 : 45 p .m. Application of ANDREAS PALIOURAS , '37-17 20th Road , Astoria , NY 11105 , for a Variance to the Zoning Ordinance , Article XI , Section 100-118 (D) for permission to reinstate and restore dwelling structure to its original condition as a one-family residence located at 32570 -C . R. 48 , Peconic , NY ; District 1000 , Section 74 , Block 04 , Lot 009 . 7 : 50 p .m. Application of WILMA MEEHAN AND MARY 'LEONARDI , by Paul Caminiti , Esq . , Main Road , Southold , NY for a -Variance to o the Zoning Ordinance , Article III , Section 100-31 for approval L� proposed of two lots in this o osed re-division of land containing insufficient area , width and depth , located at Reydon Drive , u .a x Page 2 - Legal Notice Public Hearings of March 7 , 1985 Southold Town Board of Appeals Southold , NY ; Reydon Shores Subdivision Lots 29 through 35 ; District 1000 , Section 80 , Block 02 , Lot 015 . 7 :55 p .m . Application of 'ROBERT AND ALDONA NORKUS , by Richard J .-Cron , 'Esq . ; Main Road, Cutchogue , NY for a Variance to the Zoning Ordinance , Article III , Section 100-31 for approval of insufficient width of four proposed parcels located off Orchard Lane , approximately 450 feet easterly from Cedar Beach Road , Southold , NY ; consisting of Cedar Beach Park Subdivision Lots 35 , 36 ; 37 , . '38 , 47 , 48 , and part of 49 ; District 1000 , Section 89,_ Block 3 , Lots 8 . 1 , '9 , 10 , 11 . 1 , '6 , and 4 . 8 : 05 p .m. Application of JOHN 'AND FRANCES 'DiVELLO , by Wickham , Wickham & -B-ressler , 'P . C'. , Main Road , Mattituck , NY for Variances : (a ) to New York -Town Law , Section 280-A for approval of access over a private right-of-way known as "Meday" Avenue , " and (b ) . to the Zoning Ordinance , Article III , Section 100-31 and Bulk Schedule , for approval of insufficient area and depth : of parcels in this . proposed subdivi.sion . •. Location of Property : Meday Avenue and Westphalia : Road , Matti-tuck , NY ; 1921 Subdivision of "William B . Codl-ing" Lots 1 to 7 , 'inclustve ; District 1000 , Section 113 , . Block 9 , Lots 8 and 15 , containi'ng 4 . 38± acres . The Board of Appeals will at said . time and place hear all persons having interests and concerns of the above matters . Written objections may also be submitted prior to the conclusion of that. hearing . Dated : February 26 , 1985 . BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P . GOEHRINGER CHAIRMAN By Linda F. Kowalski , Secretary ( 5.16 ) 76571809 (alt . 1802 ) ----------------------------------------------------------------------x Instructions to Newspapers : Please publish THURSDAY ; 'FEBRUARY 28 , 1985 and forward 7 affidavits of publication on or. before March . 5th to Board of Appeals , Main :.� Road , Southold , NY 11971 . c, rn ----------------------------------------------------------------------x v l a 1 ZWM,';G B0A,PRD .:F AP PEA TGViN HALL M.AiN ROAD.:- ::S. R. 25 SOUTHOLD, N.Y._.11971 NOTICE IS HEREBY GIVEN , pursuant to Section 267 of the Town L•aw 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 , APRIL 11 , 1985 , and as follows : 7 : 30 p .m. EMILIA T . PIKE , by A. Wickham , Esq . , Main Road , Mattituck , - NY for a - Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule for approval of insufficient area of proposed Parcels 1 and 2 and insufficient lot width of Parcel 1 , located - at the North Side of Main Road , Mattituck , NY ; County Tax Map Parcel No . 1000-140-03=26 . 7 : 35 p .m. COLGATE DESIGN CORP . , by W . Esseks , Esq . , 108 East Main Street , Riverhead , NY for a Variance to the Zoning Ordinance , Article VII ' Section ,10071 for permission to construct accessory building within the westerly sideyard area . Location of Property : 7-11 Store , North Side of Main Road , Cutchogue , NY ; County Tax Map Parcel No . 1000-102-05-24 . 7 : 40 p .m . BAYVIEW DEVELOPMENT CORP./SAGE, by J . Forchelli , Esq . , 120 Mineola Blvd , Mineola , NY 11501 for a Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule and Article XIII , Section 100- 136A for approval of insufficient area of each lot in this proposed 19-lot cluster development or subdivision . and insufficient: setbacks . Location of Property : 67380 Main Road , Greenport , NY ; County Tax Map Parcel No . 1000-053-05-001 ,001 . 35 ,1.2 . 3; known and referred to as "Breezy Shores . " 7 : 55 p . m. JOSEPH LIZEWSKI , 29205 Main Road , Cutchogue , NY for a Variance to the Zoning Ordinance , Article III , Section 100-30 (B ) [6] for permission to construct building for private membership with an dinsufficient setback from the easterly property line . Location of Property : N/s Main Road and E/s Depot Lane , Cutchogue , NY ; County Tax Map Parcel No . 1000-102-02-12 . 1 . 8 : 00 p .m. JOSEPH LIZEWSKI - Special Exception hearing to )econvene concerning establishment of racquetball /private member- ship club . .. li : 8 : 05 p .m. TOMA3:•HIGGINS:; Ruch Lane , Southold , NY for a Variance to the Zoning Ordinance , Article III , Section 100-32 for permission to construct accessory garage in frontyard area , at 850 Ruch Lane , Southold , NY ; County Tax Map Parcel No . 1000-52-02-30 . FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL File No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . .�. . . ., 19 . To PLEASE TAKE NOTICE that your application dated . .D !/ . � . . . . . . . ., 19 for permit to construct . . . . !.1 . . . .C/!. . . . at Location of Property v� �?. .� . . . . . . L . . . . ��. . . . House No. 'tree County Tax Map No. 1000 Section . . .p.�. . . . . Block . . . . . . . . . . . Lot/. . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds . . .a ,�. oe /. . . . . . . . . . . . IX&2 . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector RV 1/80 / L j ; ` � ;`, • .�i, .� _• '•��s c)A[zu OF [iEnl,'rx '3 JS OF PLANS . . . . . . FORM NO. 1 S I L Y' •'TOWN OF SOUTHOLD CHECK . . . . . . . . . . ' *BOIL•DING DEPARTMENT SEPT r C. F O1it4 . . . . . . . . . . . . . TOWN HALL NOTIFY SSOUTHOLD, N.Y. 11971 TEL.: 765.1802 CALT. . . . . . . . . . . . . . . . . MA [T, TO . F_xamincd �g, 1W - - -_ Approve. . . . -3 ., M?. Pe I S 7 �^`� . it No. Q ( J Disapproveda/c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Bui ing Inspector) APPLICATION FOR BUILDING PERMIT Date . . . . . . . . . . . . . . . . . .. 19 . . . INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 Sets of plans,accurate plot plan to scale. ee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. 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 tile, applicant. Such permit shall be kept on the premises available fori spection throughout the work. e. No building shall be occupied or iced in whole or in part for any pm-pose wliatevcr until a Certificate of OCcup:incy shall 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 Building zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, liousing code, and regulations, and to admit autlorized inspecio'rs on premises and hi building for neccssaiy inspections. (Silrnature of applic:nit, or name, if a Corporation). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (mailing address of applicant) State whether applicant is owner, lessee agent, architect, engineer, general contractor, electrician, plumber or builder. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 'tU ). . . . . . . Na,ne of owner of premises . . . . .,,J a e. . . . . . : . . . . . �,.��'? Wit. -! G.�. .a� ,..i�d ) . . ..,•I• . 4�. . !S'-)/ L :t, (as on the tax roll or]aest deed j If applicant is a corporation,signature of duly authorized dfsficer. (Name d title of corporate officer) ALL CONTRACTOR'S MUST BE SUFFOLK COUNTY LICENSED Builder's License No. . . . . . . . . . . . . . Plumber's•License No.Electrician's License No. . . . . . . . . . . . . !,;i. t + {•. t ' T Other Trade's License No. . . . . . . . . . . . . 1 . Location of land on which proposed w rk will be done'. u'.i. . . . f"f.`: �. :: : .�. C.,. Q. . House Number . . . . . . . . . . . . . . . . . i Sheet . . . . . . . . . . . . . . . . . .' County Tax Map No. 1000 Section . . . . . . Block . . . . . .�. �.L . . . . . . Lot . . . 1.` .'. . . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Filed Mal) No. . . . . . . . . . . . . . . Lot . . . . (Nam ) ?. State existing use and occupancy of premiisseess and intended use and occupancy of proposed construction: a. Existing use and occupancy . . . . . . \ J"'`�'^. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b. Intended use and ocr••. -`incy \ ee!�^7. . NQ. . . . . . . . . . . . . . . . . . . . . . . . . . . . . I ork(check wh C�applic1r ..New Building . . . . . . . . . . Add�itiio', Alteration �7 demo al .®: Demolition . . Other Work . . . . . . . . . . . . . . . ® v �z�- "`�`L (Description) ;,mated Cost . . . . . . . . . . . . to be paid on filing this application) fi 1f dwelling,number of dwelling units . . . . . . . . . . . . Number of dwelling units on each floor . . . . . . . . . . . . . . . . If garage, number of cars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . If business, commercial or mixed occupancy, specify nature and extent of eacl type of use . . . . . . . . . . . . . . . . Dimensions of existnng structures, if any: Front . . . . . . .`ZO. . . . . hear i tlr • • • • • • • • . . . . . . . Height . . . .3L . . . . . . . . Number of S}ories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dimensions of same structure with alterations or additions: Front . . . . . . . . . . . . . . . . . hear . . . . . . . . . . . . . . . . . . Depth ':. . . . . . . . . . . . . . . . . . . . . Heigl}t . . . . . . . . . . . . . . . . . . . . . . Number of Stories . . . . . . . . . . . . . . . . . . . . . . Dimensions of entire new construction: Front . . . . . . . . . . . . . . . Rear . . . . . . . . . . . . . . . Depth . . . . . . . . . . . . . . . l leight . . . Number of S ories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .0 . . .. . . . . . . . . . . . Size of lot: Front . . . . v S�.. . . . . . . t . . . Rear . . . . . . .a: . 1 . . . . . . . . . I)cl�tl� '6.`. . . . . . . . . . . . . . Date of Purchase . . . . . . . . . . . . . . . . . ! . . . . . . . . . . . Name of Former Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Zone or use district in which premises ar situated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Does proposed construction violate any oning law, ordinance or regulation: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . will lot be regraded . . . .0. . . . . . . . . . . . . . Will excess fill be removed from premises: Yes No Name of Owner of premises . .So:-t A �� -��'S. . Address . . . . . . . . . . . . . . . . . . . Phone No. . . . . . . . . . . . . . . . Name of Architect . . . r. • . . . . Address . . . . . . . . . . . . . . . . . . . Phone No. . . . . . . . . . . . . . . . Name of Contractor . . . Spa . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . . Phone Nc7. . . is this property located withi �300 feet of a tidal wetland? *Yes . . . . . TQoL. :. . - -cif yes, Southold Town Trustees PermitRAM P M be LO DIAG required. 4 Locate clearly and distinctly all buildin s, whether existing or proposed, and.indicate all set-back dimensions frorn ;),.,ny lines. Give street and block number or description according to deed, and show street names and indicate whether rior or corner lot. i 7 TL OF NEW YORK, S.S 'NFY OF . . .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . being duly sworn, deposes and says that lie is the applicant (Name of individual signing contract) e named. tile . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �.� , ,.�. . . . . . . . . (Contractor, agent, corporate officer, etc.) iid owner or owners, and is duly authorized to perform or have performed the said work and to make and file this .cation; that all statements contained in this application are true to the best of his knowledge and belief; and that the will be performed in the manner set forth in the application filed therewith. rn to before me this j . . . . . . . . . . . . o� `l . . .day of. . . . . . . . . . .. 19 � iry Public, . . . . . . .—�- - aw. . . !! . ... . County 1 t- HElEN K DE VOE . . . . . . . . . . . . . . . • . . . . . NormYPUBLIC State of NewYA (Signature of applicant) No.410181f. .,tti0 }�nt Expires' t . RECOVEiu TOWN OF SOUTHOD, NEW YOI_,> sAI`[ $ APPPLICATION FOR SPECIAL EXCEPTION APPLICATION NO. �aa 1985' 8 g� DATE ......-.....-............. Town Mprk %Ijft og TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. Y. � f.... " .. . ...... 90Z . c.J ..I, (We) - .5, 1171 NAME STREET AND NUMBER ...................��T� r� ................................... .......................... ....157 :.......................................... MUNICIPALITY STATE hereby apply to THE.ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE ARTICLE ITT SECTION SUBSECTION THE SPECIAL EXCEPTION IS REQUESTED BECAUSE z O,V/.(J G /,U Ti��6 �Ge�ilJ •ca�2 A �A Cfj� [/�r'��-�L. .U6 �G./�iC .2 o 14 / -U/1-1D//c.J 6 6,4- 777"t5 yf 5 ZezJ)1' /E .-:4 1-176-5 1 STATE OF NEW YORK ) l ) SS ... ........ ..................................... COUNTY OF uo` ) SIGNAT E S orn to thi s ....8 +,. .....day of .............................. NOTARY PUBLIC ELIZABETH BUS80 :40TARY PUBLIC, State of New No. 4755734 Qualified in Suffolk Count 'Mnmission Expires March 30, Q.J& FORM ZB2 ` ' TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEALM ' DATE . TO THE ZONING BOARD OF APPEALS TOWN OF 3OUTH0LD N. Y. � / ~ ' l, (We) ..��—.��..�� —'of -- . ---------- Nome of Appellant Street and �umb r ............................. / ----'---- —...��'. ---..HEREBY APPEAL TO Municipality State THE ZONING BOARD Of APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: FOR- WHEREBY THE BUILDING INSPECTOR DENIED TO -----------..-----.....~,........--- Nome of Applicant for permit or �Z�� / .....o:'/n ��— --.�r��' __.��..�..�^___._ Stnaa+ ond Nunn6er ��unicipo|ity S+ohs ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( -''PERMIT TO BUILD Street and Hamlet Zone O��Il (S) :kAop No / ' 'o+ No. DATE PURCHASED: 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 Ondinoncej Article _� 3. TYPE OF APPEAL /\ooeo| is made herewith for ( —)-- /\ VARIANCE totha Zoning Ordinance or Zoning kAqp ( ) /\ VARIANCE due to lack of access (State of New.York Town Lovv [hop. 62 Cons, Laws Art. 16 Sec. 2O0/\ Subsection 3 4. PREVIOUS APPEAL /\ previous appeal (has) (has not) been made with respect to this decision ~== of the Building Inspector or with respect to this property. � ~~~~ Such appeal was ( �� request for o special permit ( ) request for ovariance and was made in Appeal No. — Dated -------____..______..___..`. REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( k' A Variance to the Zoning Ordinance ( ) is requested-for the reason that we would like to R 3 }��-0�^~ ' Foou zoz , (Continue on other side) ` ' - - � r ` ' REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 6 -n 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 w" 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because —a_,j STATE OF NEW YORK ) ss .. ..... .......... .......... ................................................ COUNTY OF Su�- o,A) .. LIS ignature \ 5 � Swornto this ..........................-................ day of.........p? .................................. 1985 r.(/ .... .t14/.Y..�.�....................... i Notary Public ELIZA? �TFL-,�-USSQ �-JTARY PUBLIC, State of Nor T-i- " No. 4755734 Qualified in Suffolk Cain,+ *A*nI l-6n Expires Mamb 21% 6: n of 'oar d- of Appeals B 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 October 9 , 1987 JOSEPH H. SAWICKI Charles R. Cuddy , Esq . 180 Old Country Road (Rte . 58 ) P . O . Box 1547 Riverhead , NY 11901 Re : Appl . Nos . 3350 and 3322-SE - Joseph J . Lizewski Location of Property : E/s Depot Lane and N/s Main Road , Cutchogue ; ' 1000-102-02- 12 . 1 Dear Mr . Cuddy : This letter is in response to your letter dated October 6 , 1987 concerning the above premises and circum- stances . As you are aware , the only Zoning District regulating setbacks for accessory buildings in the Zoning Code is in the "A" Residential and Agricultural District . In reviewing this matter , the following circumstances have been taken into account and relied upon : 1 . The subject premises is located in the " B-Light Business " Zoning District . 2 . The Provisions of Article VI regulating this Zone do not provide for setback limitations of proposed accessory buildings . 3 . On May 2 , 1985 , Conditional Approvals were rendered by this Board under Special Exception No . 3322 and Variance Application No. 3350 concerning this site and based upon the April 6 , 1984 Site Plan Map prepared by Garrett A. Strang , R . A. Page 2 - October 9 , 1987 :,To : Charles R. Cuddy , Esq . Re : Appl . Nos . 3350 and 3322 - Joseph Lizewski Location of Property : E/s Depot Lane , Cutchogue, 4 . Subsequently , on June 3 , 1985 , the Building Inspector certified this project as to meeting all zoning regulations ; and on July 19 , 1985 , the Chairman of the Planning Board endorsed the subject Map . It is our understanding that the project is in its final stage under the site-plan review process . 5 . The subject 30± ft . by 60± ft . accessory structure was considered in the above Board approvals ' in the general location as now exists . 6 . Permits have been issued concerning the new construction , as well as the re-positioning of the accessory building (provided for in Permit #15716Z issued 2/28/87 ) . 7 . The subject accessory structure is located at a distance in excess of 40 feet from the property line along Depot Lane and 20 feet from the northerly property line , more or less (although not yet placed upon a permanent base ) . It is the position of the Town that setbacks for acces- sory buildings in the commercial zoning districts , including the "B-Light Business " District , must not be less than that required for principal structures . The "B-Light " Zone requires a minimum of 35 feet from all front property lines . It is the position of this Board that since the subject accessory building : (a ) is located in excess of this setback requirement , (b ) shall continue to be used as an "accessory on this lot and customarily incidental to the permitted use[s ] and not involving a separate business " per Article VI , Section 100-60C[2] of the Zoning Code , and (c ) will meet such con- struction code regulations as apply , [before the issuance of a.,final Certificate of Occupancy for this building] , a variance is not required for further interpretation , etc . It should be understood , however , that in the event an additional principal use is proposed by an expansion into this accessory building or otherwise on this site , further approvals will be necessary by both the Planning Board and the Building Department , as well as this Board , particularly if such (new) principal use is in addition to those uses previously applied and approved . Page 3 - October 9 , 1987 -To : Charles R. Cuddy , Esq . Re : Appl . Nos . 3350 and 3322 - Joseph Lizewski Location of Property : E/s Depot Lane , Cutchogue A copy of this letter is simultaneously being furnished to the Building Department for their files . Yours very truly , /WERP . GOEf R N • CHAIRMA I cc : Building Department o Ln Southold Town Board ®f Appeals MAIN ROAD a 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 TO : Judith T. Terry , Town .Clerk FROM : Southold Town Board of Appeal DATE : _ October 17 , 1985 SUBJECT : Your Memo Dated October 17 , 1985 Joseph Lizewski Main Road and Depot Lane , .Cutchogue In response to your recent inquiry , please be advised that we do not have an application or other written material of recent date concerning the above-noted premises . We do , however , have a conditional Special Exception which was granted for the establishment of a private racquetball club on May 2 , 1985 ; a copy is' enclosed . Also enclosed is a copy of the conditional variance granted May 2 , 1985 for a 32-foot setback from the easterly property line (at variance from the established 40 feet existing and unlimited sideyards .for other permitted uses in this B-Light Zone ) . CHART ES R. GUDD-Y ATTORNEY AT LAW 180 Oi.D CouNTRY RoAD(RTE. 58) �0/71f 7 P.O.BOX 1547 RIVERHA•a D'NY 11901 K� ADJACENT TO TELEPHONE 369-8200 MOTOR VEHICLE DEPARTMENT O C t O b e r -6 t h, 19 8 7 AHEA CODE 516 Gerard P. Goehringer, Chairman Southold Zoning Board of Appeals Main Road Southold, NY 11971 Dear Mr. Goehringer: I' represent Joseph and Judy Lizewski. They own property at. the Main Road, Cutchogue, identified by tax map number 1000-102-02-12. 1 . The property is the site of construction, which is virtually completed and which includes amongst other uses, Dr. Lizewski ' s dental office as well as a health club. A barn was located adjacent to the northwest corner of the newly constructed building. In order to eliminate a potential fire hazard the Lizewskis agreed to move that barn. In February, 1987 , Joseph Lizewski obtained a permit to permit the barn to be moved to a new location on the same lot. Attached is a copy of the building permit, application form and a sketch- showing the approximate location of the barn in its original position and a proposed new location. In fact, the barn was moved on a line which is nearly parallel to its former location. - It is. in excess of forty (40) feet from the street line and twenty (20) feet from the side line. .It has come to my attention that, even though a building permit to move the barn was issued, that the building inspector is presently taking the position that.- the barn does not comply with the set back requirements. You will note that the land is presently zoned "B-Light". Either as a principal structure or accessory structure the barn will meet the requirements of the zoning code as to set back distances. At no time during the lengthy process involved in obtaining site plan approval or building permits was .any mention made of the location of the barn as being inappropriate. However , at the urging of the building department the barn was moved. As noted this was accomplished with the consent of the building department and resulted in the issuance of a permit.. Page Two Letter to Zoning Board of Appeals October 6th, 1987 A review of the Town Code indicates that there is no set back requirement for accessory buildings in the "B-Light" zoning use district. The facts and the law, I .believe, establish the following: 1) The Lizewskis applied for and obtained a building permit to move the barn, and in reliance upon it expended thousands of dollars to relocate that structure; 2) The barn in its relocated position is at, or exceeds, the set back distances shown on the sketch plan accompanying the application; 3) Southold Town, has , through its building department, uniformally interpreted the Town Code where no set back require- ments are set forth to require the same set backs as required of accessory structures in the residential districts; 4) There is no set back requirement for accessary structures in the "B-Light" zoning use district; 5) The barn in its present location meets the set back requirements even for principal structures in the district; 6) As applied to this structure and to these facts there is no need for an interpretation of the Town Code, and the location of the barn does not violate the Code. I submit that the barn is appropriately positioned on the Lizewski parcel. I would appreciate your confirming that the set backs, as described, are proper and that the location of the barn does not violate the Southold Town Code. Thank .you for your consideration of this matter, and I am hopeful that you will be able to provide me with an early response. Very- truly yours, Charles R. Cuddy CRC: cz enclosures COUNTY OF SUFFOLK n 11^h�Y o DEPARTMENT OF PLANNING /�// /// /i (516) 360-5513 LEE E. KOPPELMAN DIRECTOR OF PLANNING May 31, 1985 Town of Southold Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number Joseph Lizewski 3322 Helen & William Coster 3326 Joseph Lizewski 3350 Very truly yours, Lee E. Koppelman Director of Planning by GGN:jk Gerald G. Newman Chief Planner pp VETERANS MEMORIAL HIGHWAY ■ HAUPPAUGE, L. L. NEW YORK • 11788 Southold Town Board of Appeals ��- MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 Ol �� TELEPHONE (516) 765-1809 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: Variance from the Zoning Code, Article , Section Variance from Determination of Southold Town Building In9pectbr _Xx Special ExCeption, Article III r Section 100-30 (B) [6] Special Permit Appeal No. : 3322 Applicant: Joseph Lizewski Location of AffeCted ..Land: N/side of Main rd . E/side of Depot La . County Tax leap ltem .No. : 1000- 102-02-12 . 1 Within 500 feet of : Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) XX State or County Road, Parkway, Highway, Thruway Boundary of tkisting or Proposed County, State or Federally- Owned Lance Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Existing or Propbsed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within .On6 Mile of a Nuclear Power Plant Within One Mile of An Airport, COMMENTS: Applicant is requesting permission to establish recreational use of (Private racketball membership club ) at premises Copies of Town filb and related documents enclosed herewith for your review. Dated: sl g I g� Secretary, Board of Appeals Southold Town Board ®f Appeals 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. D06GLASS JOSEPH H. SAWICKI May 17, 1985 .Dr. 'Joseph J .. Lizewski , Main Road Cutchogue , NY 11935 Re : Applications No . ' 3350 and 3�®® 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 applications,: 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 CHAIRMAN Enclosure Linda AeKko`w�als Copy of Decision to Secretary .Building Department Planning Board ' Suffolk County Planning Commission �00 Southold Town Board of Appeals 41 MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No 5 Application Dated March 26 , 1985 TO: Dr. Joseph J . Lizewski , D . D. S . [APPellant (s) ] Main Road Cutchogue , NY 11935 At a Meeting of the Zoning Board of Appeals held on May 2 , 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 [X] Request for Variance to the Zoning Ordinance Article I.II Section 10.0=30.(B) [6] [ .]. . .Request .for . . . . Application -of-;.JOSEPH LIZEWSKI , '29205 Main Road , Cutchogue , NY for a Variance to the Zoning _r- inance ,; Article - III , Section 100-30 (B) [6] for p-ermmimsssion to construct building for private membership with an insufficient setback from the easterly property line . Location of Property : North Side of Main Road and East Side,- of Depot Lane , Cut- chogue , .'NY ; - - County.- Tax - Map - Parcel No .. 1000-102-02-12 . 1 . WHEREAS, 'a public hearing was held and concluded on April 11 , 1985 concerning the-Matter of .the _Ap.plication of. JOSEPH 'L' IZEWSKI under Appeal No . 50 - and WHEREAS , the board members have personally viewed and are familiar witht he premises in question as we.11_ as its_ surrounding area , and WHEREAS , the board has considered .all testimony and documentation entered into the record concerning this application , and WHEREAS , there has been no opposition entered in the record up until the conclusion of .the public hearing , and WHEREAS , the board made the following findings of fact : 1 . The property in question is. located in a "B-Light Business " Zoning District pursuant to a change of zone granted_ by the Southold Tow Board March 9 , 1982, 2 . The property in question fronts along the north side of the Main Road (State Route 25) 147'.39 (and. 116: 37-.) feet and is also situate with frontage along the east' side of .Depot Lane_ 173. 13 feet ..(and 233 . 7 feet ) , and is shown to contain an area _of approximately 1 . 5 acres and approximately 20 ,000± sq. ft. including the_ one-family dwelling and lot at the corner of Depot Lane and Main Road, also owned .by the applicant. 3. The subject premises is improved as shown on the site plan dated April 6 , 1984 , .for one-fam ily residence and professional office (CONTINUED. '.ON 'PAGE. TWO) DATED: . May. 17 ,. 1985 .. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No . 3350 Matter of JOSEPH LIZEWSKI Decision Rende.re.d May . , 1985 . uses . 4 . By this application , applicant proposes to construct a 44 ' by 66 ' recreation building addition for a private racquetball membership club with a setback at its closest point from the east side line at 32 feet , which is 8 feet closer than the estab- lished sideyard setback of the existing principal structure . 5 . Article III , Section 100-30 (B ) [6] permits annual membership clubs catering exclusively to members and their guests s..ubject to the following requirements : (a ) No building or part thereof or any parking or loading area shall be located within one hundred (100 ). feet . of _any stre.et. line nor within fifty (50 ) feet of any, lot. line . . _ 6 . It is the opinion of the board that the easterly sideyard has been established at 40 .feet and the setback as proposed at 32 feet could be allowed for this addition if the special exception use for a racquetball club were not required by Section _.100-30 (B) [6] , that the relief .requested is minimal and is_. in harmony with the intent of the zoning ordinance . In considering this application , the board has determined that the relief as requested be granted since : , (a ) the relief is not substantial ; (b) the relief will not be detrimental to adjoining properties ; (c ) the relief will not adversely affect the character of the district; (d) the practical difficulties are sufficient to warrant approval hereof ; (e ) the circumstances are unique since the property has residential structures existing as a nonconforming use since prior to the change of zoning from "A" to "B-Light." ; (f) in view of the manner in which the difficulties arose , the interests of justice will best be served by allowing same , as noted below. Accordingly, on motion by Mr . Goehringer , seconded by Mr. Sawicki , it was RESOLVED , that the relief requested under Appeal No . 3350 in the Matter of the Application of JOSEPH 'LIZEWSKI for an insufficient setback from the easterly sideyard at 32 feet for a proposed recreational club addition , BE AND HEREBY IS APPROVED SUBJECT TO 'THE FOLLOWING : Modification of the Site Plan by the Planning Board to include a minimum of 27 parking spaces ( inclusive of handicapped parking) . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . ,Co! lk GERARD P . GOEHRINGER , CRAIRMAN May 17 , 1985 fppeals Southold Town Board o *. MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 72� Application Dated January 8, 1985 TO: Dr. Joseph J . Lizewski , D . D. S . [Appell.ant (s) ] Main Road Cutchogue , 'NY 11935 At a Meeting of the Zoning Board of Appeals held on May 2 , 1985 , the above appeal was considered, and the action indicated below was taken on your [ j Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ X] Request for Special Exception under the Zoning Ordinance Article III Section -100-30 (B) [6] j ] Request for Variance to the Zoning Ordinance Article , Section . . . . . . . . . . . .[. .]. . Request. for . . . . . . Application of JOSEPH LIZEWSKI , 29205 Main Road , Cutchogue , NY for a �ecia�lEx�cetion _to t e Zoning Ordinance -, Article III , Section 100-30- (b I , Section 100-60 (B) [.1 ] (a ) for permission to establish recreational use (priv.ate racquetball membership club ) at premises located on the north side of Main Road and east side of .Depot Lane , Cutchogue , NY ; . .Di.str.i.ct .1.000 ,. .Secti.on .1.02 ,. .Bl.ock .02 , Lot-.12 . 1 . (B-Light Business Zone ) WHEREAS , a public hearing was held initially March 7 , 1985 and was conclUded on April 11 , 1985 concerning the Matter of JOSEPH LIZEWSKI under Appeal. No . 3�_ and W-HE.REAS , the board members have personally viewed and are familiar with the subject premises as well as its surrounding area , and .::... ..:.WHEREAS, the board has considered all testimony and documentation entered into the record in this matter , and WHEREAS , there has been no opposition entered in the record up until the conclusion of the public hearing , and WHEREAS , the board made the following findings of fact : 1 . The property in question is located in a "B-Light Business" Zoning District pursuant to a change of zone granted by the Southold Tow Board March 9 , 1982 . 2 . The property in question fronts along the north side of the Main Road (State Route 25 ) 147 . 39 (and 116 . 37 ) feet and is also situate with frontage along the east side of Depot Lane 173. 13 feet (and 233 . 7 feet) , and is shown to contain an area of approximately 1 . 5 acres and approximately 20 ,000± sq . ft . including the one-family dwelling and lot at the corner of Depot Lane and Main Road , also owned by the ..applicant . 3 . The subject premises is improved as shown on the site plan dated April 6 , 1984, for one-family residence and professional office uses . 4. This is an application for a Special Exception by which applicant proposes to construct a 44 ' by 66 ' recreational addition for use as a private racquetball membership club with a setback at (CONTINUED ON PAGE TWO ) DATED: May 17 , 1985 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Application No . 3322 Matter of JOSEPH LIZEWSKI (Special Exception ) Decision Rendered May _2 , 1985 32 feet from the easterly side property line . 5 . Article III , Section 100-30 (B) [6] permits annual membership clubs catering exclusively to members and their guests after receiv- ing a special exception from this board and site plan approval from the Planning Board in accordance with Section 100-134 of the Code . 6 . For the record it is noted that conditional approval has been made simultaneously herewith to grant an insufficient sideyard setback from the easterly property. line at' 32 feet under Appeal No . 3350 .. " In considering this application , the board determines : (1 ) the use w.i,ll not prevent the o.r_derly and. r.easona.ble use of adjacent properties or_ of .properties in-- adjacent use districts ; (2 ) that the safety , healt_h, . :welfare , comfort, convenience and order of the town will not be adversely affected by the proposed use and its location ; (3) the use is in harmony_ with and will promote the _general purposes and intent of zoning .since it is _a permitted use . In passing upon this application , the board has also considered items (a ) through_ (1 ) of .Article XII , Section 100-121 (C) [2] of the Zoning Code _ Accordingly, on motion by Mr . Goehringer , seconded by Mr . Sawicki , it was _. RESOLVED, that a Special Exception as requested under Appeal No . 3322 in the Matter of the Appl._ication of. ..JOSEPH LIZEWSKI at premises known and identified on the Suffo.l_k• ._County. Ta_x Map as District . 1000 , . Se.ction 102 ; Block . 02 , Lot. 12 . 1 ; BE 'AND HEREBY 'IS APPROVED ; SUBJECT _ TO THE FOLLOUI.NG. _ Modification of the Site .Plan by. the ,Planning Board to include a minimum of .27_:park 'ng spaces. ( inclusive of handicapped parking.) . _. Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . .04 1 k ER 'RD O R NG C MAN May 17 ,_,..1 98 5 7- v' `' 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 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 22, 1985: WHEREAS, Garrett A. Strang, on behalf of. Joseph Lizewski, has requested that . this Board waive the provisions of Local Law No. 14 - '.1985 with respect to his application presently pending before the Building Inspector, and WHEREAS, Garrett A. Strang appeared before this Board and explained the nature of the uses for which he proposes to use the premises .in question, and ; WHEREAS, this Board funds that the applicant proposes to construction a racquet- ball facility, and WHEREAS, this Board deems such use consistent with the uses in the R-40 District as proposed by Raymond, Parish, Pine 8 Weiner, Inc.'s Master Plan Update, Zoning Code revisions, NOW, THEREFORE, BE IT RESOLVED that the applicant be and he hereby is granted a waiver of the provisions of Local Law. No. 14 - 1985 to the extent of permitting such uses on said premises as set forth in his application presently. pending before the Southold Town Building Inspector for a building permit, subject, however, to the applicant obtaining any and all permits and approvals required by all Town and other governmental agencies having jurisdiction thereof. Judith T. Terry Southold Town Clerk WHEREAS, a petition was heretofore filed with the Town Board of the Town of Southold by ...........• . Joseph J.....Li.zewski. . . ......... . ...... .... .... ................................ requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps made a part thereof by chang- "A" Residential "B" Light Business ing from .a-nd•••Aga c•ul•tura-1•••• District to ............................................ District the property described in said petition, and WHEREAS said petition was duly referred to the Planning Board for its investigation, recommendation and report, and its report having been filed with the Town Board, and thereafter, a public hearing in relation to said petition having been duly held by the Town Board on the ...9th..........day March 19,82,,, and due deliberation having been of .............................................. . had thereon NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said petition be, and it hereby is GRANTED for the . following reasons: 1. This is a logical extension of the business district. 2. The neighborhood is' comprised of mixed non—residential uses. 3. The uses allowed in a "B" Light Business District would not be out of character with the existing uses in the neighborhood. DATED: March 23, 1982. - JUDITH T. TERRY SOUTHOLD TOWN CLERK Or P 11A1I�I�i�'BO'A;RD T(�W' 1 OI SOU OLD a S I!OIK NCO. TY Southold, N.Y. 11971 (516) 765-1938 April 4 , 1985 Joseph J. Lizewski,-D.D.S . Main Road Cutchogue, NY.. 11935 Re: 'Site plan for recreation building Dear Dr. Lizewski: Please let. this confirm the action taken by the Board, Monday, April 1, 1985 . RESOLVED that the Southold Town Planning Board is in favor of the site plan for Dr. Lizewski for two racquetball courts located at Cutchogue with the following recommendations: 1.' Indicate the type of curbing and drainage for roof and parking area, as well as the capacity of the drainage basins . 2 . The Board also requested a' landscape plan for the site and and architectural rendering of the proposed building. If you have any questions , please don' t hesitate to contact our office. V ry truly yours, l f CL BENNETT ORLOWSKI, JR. , C IRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary cc:�Zoning Board of Appeals � South -u,dd Town Board ®f Appzals 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 TO : Office of the Planning Board (Attn : Diane ) FROM: Office of the Zoning Board of Appeals (Attn : Linda ) DATE : March 18 , 1985 SUBJECT: Applications Pending with Z . B .A. and Planning Board To bring you up-to-date and to request your comments or recommenda- tions , the following matters have been filed since our last memorandum to you dated February 8 , 1985 , ,and will require action by the Planning Board : Matter of Tentative ZBA Hearing Dominick Varano , by R. Lark April llth as req . Briden Machine March 28th William and Helen Coster by R. Lark April llth as req . seph Lizewski �� (3, a"G ,_-!c� April 11 th 11�0 Colgate Design (7-11 , Cutch . ) W. Esseks May 2 Saba/Kislow/Sujeski May 2 Howard L . Young & Wf . May 2 Sobering by P . Cardinale , Esq . May 2 or 23 Vitale May 23 P . Reinhart , R. Bruer , Esq . May 23 H . Conway , R. Bruer , Esq . May 23 or June 13 Perricone & Cimini , R. Bruer , Esq . June 13 Pindar Winery June 13 or 20 Peconic Vineyards June 13 or 20 Cliffside Assoc . /Tetaldi /Tide Mark June 13 or 20 Linda; The Planning Board reviewed the following items on 3/18 , however have no _ recommendations until the field inspections are made. These proposals will be discussed on .the agenda for 4/1 following the field inspections . oseph Lizewski William and Helen Coster Briden Machine Southold Town Board ®f Appeals 4i i 4 y , S F7✓ar ra' �� 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 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) . Yours very truly , GERARD P. GOEHRINGER CHAIRMAN lk Enclosure r; Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD,. L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS March -28 , 1985 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGON IS, JR. S.E.Q.R.A. SERGE DOYEN, JR.. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO. : 33a� PROJECT NAME: n 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: [ J Type II [x]. Unlisted [ ] DESCRIPTION OF ACTION: Special Exception hearubg to reconvene concerning establishment of racquetball/private membership LOCATION OF PROJECT: Town of Southold, County of Suffolk, . more particularly known as: N/s Main Rd , and E./s Depot Lane Cutchogue 1000-102-..02-12 . 1 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 ques.tionis not located within 300 ' of tidal wetlands or other critical enviromental 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. C, Vu e Smuthdd Town ®f Appeals r •v`+ti` " MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 s,lq by, i TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS ' March 28 , 1985 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S.E.Q.R.A. SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO. : PROJECT NAME: 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-7 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 [x] Unlisted [ ] DESCRIPTION OF ACTION: Special 'Exception hearubg to reconvene concerning establishment of racquetball/private membership LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: N/s Main Rd . and E•/s Depot Lane Cutchogue 1000-102-02-12 . 1 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 questionis not located within 300 of tidal wetlands or other critical enviromental 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. i Southold Town Board c„ Appeals -26- February 1 , 1985 Regular Meeting (Environmental Declarations , continued : ) I S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3322 . . . . . PROJECT NAME: JOSEPH 'LIZEWSKI This notice is issued" piarsuant 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 �F ACTION: [ j Type II [X ] Unlisted [ ] DESCRIPTION OF ACTION: Specia•l• Exception to establish private racquetball club at premises zoned B-Light Business . LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: Main Road and _De_pot Lane , Cutc4ogue . 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 premises in question is not located near .ti.dal wetlands or in an envi-ronmentally sensitive area . (3 ) The str. uctur.e _. i'or the proposed use is existing . M1y faur Southold ® Board of Appeals MAIN ROAD o STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIQONIS,JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI January 16 , 1985 Joseph J . Lizewski , D. D. S . RR #2 , 29205 Main Road Cutchogue , NY 11935 Re : Appeal No . 3322 - Application for Special Exception Dear Doctor Lizewski : This letter will confirm that your recent application was reviewed by the Board of Appeals at our January 10 , 1985 Regular Meeting . i The public hearing on this matter is expected on or about February 28th , following field inspections , and notice of same as published in the newspapers will be forwarded to you as early as possible . i In the interim , it is suggested that an application for site plan approval be made with the Planning Board in order that we may coordinate review with their office . If at any time you have questions , please do not hesitate to call our office or that of the Planning Board (76.5-1937 ) . I Yours very truly , GERARD P . GOEHRINGER CH IRMAN y 1L nda Kowalski cc : Building Department Planning Board .3outhold Town Board of Appeals MAIN RQA® ® STATE RC3AD 25 S®UTHOL®, L.I., N.Y. 11971 I TELEPHONE (516) 765-1809 i APPEALS BOARD MEMBERS I GERARD P. GOEHRINGER, CHAIRMAN I' CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS j JOSEPH H. SAWICKI TO : Southold Town Planning Board FROM: Jerry Goehringer , Z . B .A . Chairman DATE : January '16 , 1985 I SUBJECT: Special Exception Application of Joseph Lizewski Location of Property : N/S Main Road , Cutchogue i f I Dr . Lizewski has filed an application for a special exception i for permission to construct a 44 . 6 ' by 55 . 3 ' recreational building at his premises located at the easterly side of Depot Lane and the northerly side of Main Road , Cutchogue . I I i The applicant has been requested to, file an application with you for site plan approval as required by Article VI , Section 100-60 (B ) in order that we may coordinate review with you . When you have received same , may we have your comments or suggestions? s Legal Notice of Hearings Regular Meeting of March 7 , 1985 Southold Town Board of Appeals Copies have been furnished to the following 2/26/85 : Mr . and Mrs . Douglas A. Cooper , Box 16 , Mattituck 11952 Dr. and Mrs . Joseph J . Lizewski , Box 200C, Depot La , Cutchogue 11935 Mrs . Alice D . Currie , 68 West Fenimore St , Valley Stream 11580 Mr . Andreas Paliouras , 37-17 20th Road , Astoria , NY 11105 Mr . George Ko.kkinos , Box 229 , Peconic , NY 11958 Paul A. Caminiti , 'Esq . , Box 992 , Southold - for MEEHAN 'AND 'LEONARDI Richard J . Cron , 'Esq . , Main Rd , Cutchogue - for 'ROBERT '& ALDONA NORKUS Abigail A. Wickham , Esq . ,. Box 1424 , "Mattituck - for JOHN 'DiVELLO Mr . and Mrs . John C. DiVello , 'Box- 1402 , Mattituck 11952 Town Clerk Bulletin Board Board of Appeals Bulletin Board (Office ) Building Inspectors',_L'essard and Hindermann Supervisor and Town Board Individual ZBA files Suffolk Times hand delivered 2/26/85 12 : 15 p .m. L . I . Traveler Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TowN CLERK (516)765-1801 REGISTRAR OP VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 8, 1985 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning..-Appeal No. 3322 application of Joseph Lizewski for a special exception. 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 Department ; and survey; . and plot. plans. Judith T. Terry Southold Town Clerk iECLqVED TOWN OF SOUTHOD, NEW YOI_.— (JAN $ APPPLICATION FOR SPECIAL EXCEPTION APPLICATION NO. 1-32-202� 1985 /_g_ OCT DATE ............................ Tollm rrp,.{ Pnfttft0jdP TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. Y. I, (We) JQ .. � ��. ............... of ..�.X.z......" P05...." ;L//j .7?_0• ........ NAME STREET AND NUMBER .............C'vT ......................................... .............................. v 1k.. ..................................... MUNICIPALITY STATE hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE ARTICLE SECTION SUBSECTION THE SPECIAL EXCEPTION IS REQUESTED BECAUSE �E.e67-T!O�A�L 16 No �X/5 T7,(JG zo.u�ilJb iti Tom' TdcJ� $ .vo a,e Pe4ll*715 G4-vR STATE OF NEW YORK ) . c, ) ss ............ .. ....WIG�NAE ........................ COUNTY OF S.%o1 ) Sworn to this ....S7`.....day of ;�R.0....... 19.8ti. � � ...................... NOTARY PUBLIC ELIZABETH BUSS* NOTARY PUBLIC, State of New No. A755734 Qualified in Suffolk Coun' - r•+.rntnission Expires March.306"96 FORM ZB2 Copies of Legal Notice to the following on or about 4/2/85 : Abigail Wickham , Esq . , attorney for E. Pike W. Esseks , Esq . , attorney for Colgate Design Corp . J . Forchelli , Esq . , attorney for Bayview Development H . Raynor , Jr. Dr . Joseph Lizewski Mr. Tomas Higgins Mr . Harold Carr R . . Lark , Esq . , attorney for D. Varano and W. Coster applications Suffolk Times (personal delivery ) L . I . Traveler (personal delivery ) Zoning Office Bulletin . Board Town Clerk Bulletin Board Supervisor Victor Lessard ZBA members ZBA individual files ,-y 1 REGULAR MEETING SOUTHOLD TOWN BOARD OF APPEALS March 7 , 1985 #3325 At 7 : 35 p.m - Public Hearing was held in the matter of DOUGLAS A. COOPER fot approval to construct pole barn/stable on ROW, north side Bergen Avenue , Mattituck. Chairman read legal notice of hearing in its entirety and appeal application for the record. MR. COOPER: I think you know the facts. CHAIRMAN GOEHRINGER: Okay. I have to ask you and you are aware when we are dealing with these buildings on individual pieces of property. I will make you aware, okay, that we like to put restric- tions on them that -they don' t become houses , that they remain as buildings for the purposes of housing the -.animals and we do that for the simple purpose that they are not built to normal specifi- cations that a house would be built to. So that' s why we place these restrictions on them. You have no objection to any of those? MR. COOPER: None. CC CHAIRMAN GOEHRINGER: I have not gone over this with the Board, so I am not asking for a vote at this particular time, but we will discuss it after the meeting tonight. You are welcome to call our office to- morrow morning . MR. COOPER: Thank you. CHARIMAN GOEHRINGER: Is there anybody else who would like to speak on behalf of this application? Against the application? Questions from Board Members? You will be getting a building permit on this , right? That is assuming we approve it. MR. COOEPR: Yes. CHAIRMAN GOEHRINGER: Hearing no further questions , I make a motion closing the hearing reserving decision until later. -------------------------------------------------------------------- #3332 At 7 : 40 p.m. a Public IIearing was held in the matter of JOSEPH LIZEWSKI , for a Special Exception to construct private raquetball club on north side Main Road, Cutchogue , New York. Chairman read legal notice of hearing .in its entirety and appeal application for the record. r� DR. LIZEWSKI : After that map was submitted , we had to go back to `�. the Planning Board , and we did a survey on the property. I have a survey to make sure the building was in the ;-ight proportion on the map, and it turns out that the building is actually about 3 ' from the property line. I can move it up to s ' or 6 ' or 7 ' , but ZBA 3/7/85 Page 2 . JOSEPH LIZEWSKI HEARING - Continued DR. LIZEWSKI - continued: it doesn' t fall within the normal limits that the Town Building Code comes within, in order to put this- up and that would have to be taken into consideration at this time. The building is actually, and I had to change . . . I went to the Building Department and the Planning Department—the building to more a 40 x 60 shape, rather than the 55 x 40 shape, in order to put in the 20 x 40 racquetball courts and a few bathrooms and things that were necessary to go into the front. CHAIRMAN GOEHRINGER: Do you have a site plan before the Planning Board now? DR. LIZEWSKI : Yes , I do. There is a site plan before the Planning Board at this time. CHAIRMAN GOEHRINGER: So you will furnish us with a copy of that? DR. LIZEWSKI : Sure. I haven' t changed this- map after the appli- cations. were made because I applied for the Planning Board and they didn' t .like what I presented, so I had to go back and make another change, but I did not furnish you with that particular map, no. I will get you that tomorrow -morning , if you would like. ti CHAIRMAN GOEHRINGER: Okay, just let me ask one technical question. We are probably going to have to recess this hearing, doctor , because we have to get a determination from the Town Attorney, to see if affects the way we advertise it, if it is definitely a setback problem, then we are going to have to readvertise it for the next meeting. You will have to make another application for this variance , which would be the , restrictive sideyards that we are talking .about. DR. LIZEWSKI : Is there another set of forms to fill out? CHAIRMAN GOEHRINGER: Yes , they are a little more lengthy. DR. LIZEWSKI: I can leave this set the way they are and give you another set. CHAIRMAN GOEHRINGER: Right. What we would do then is open the hearing for the variance and reconvene the meeting for the Special Exception at the next meeting , whenever we hear it, the next meeting or the meeting after that. DR. LIZEWSKI : I have the Planning Board in between now and then, they will even do it concurrently, hopefully. ' CHAIRMAN GOEHRINGER: Is the building still contiguous to the office building? ZBA 3/7/85 Page 3 . JOSEPH LIZEWSKI HEARING - CONTINUED DR. LIZEWSKI : It' s part of , yes . It will be built with the Codes as far cis the separation by cement block, etc , etc . CHAIRMAN GOEHRINGER: Is this a subterranean building, or is this an above, the ground building? DR. LIZEWSKI : Well , in order to keep this building , one of the things that worried me was that a 20 ' building above the ground is very homely and one of the things that I wanted to do with this building is build the bottom 10 ' -- a racquetball court is 20 ' high, 20 ' wide and 40 ' long. So, in order to make this building look decent within my professional complex, 10 ' of it will be below the ground. Racquet- ball courts have no doors , they are complete square buildings and the doors are actually flush. They have no windows and I can' t see any reason why 10 ' of it can' t be below the ground, especially for appearances . It' s like a barn above the ground, and I want to carry the exact same roof line. I have already dug my cellars in the other buildings to meet this . CHAIRMAN GOEHRINGER: Could you give this Board some indication, be- tween the next meeting , what type of rules and regulations you would have on this , what type of membership? DR. LIZEWSKI : I know already. First of all , a club like this doesn ' t appeal to everybody. We have had certain groups of people in the Town who have tried to -build these before and not get together because the financial situation of putting 120 people together , but it would have limited membership, mostly for racquetball players , for a fee of let' s say, $200 for A people and then they would use the racquetball courts and pay a token fee of $5 . 00 per hour for use of them and that would be just about it. Eight people at the most could be in this building to be playing. CHAIRMAN GOERHINGER: Is there any maximum membership? DR. LIZEWSKI : Yes , between 125 and 200 members . CHAIRMAN GOEHRINGER: Would you be advertising this actively? DR. LIZEWSKI : :I _don' t have to. No, I don' t .have to, Gerry, if I get it it' s built. I think there will be a waiting list. I don' t think I will have to advertise it. I have already had so many in- quiries because people know I am interested in doing it. I don' t think it would be adverse to the Town to do this in this manner . ` I like the idea of coming before the ZBA for something like this , I because I don ' t think these things should be built haphazardly; the problem was not having this type of zining in the Town plans . ( The only other way it can be done is having the councilmen pass an amendment, to the zoning code. By doing that you open up an awful lot of things , you should know, you can do anything you want once it is in there. At this point, everybody should have to come before you ZBA 3/7/85 j� Page 4 . JOSEPH LIZEWSKI HEARING - CONTINUED DR. LIZEWSKI : continued: frorn anything from a pool parlor to any- thing down the road and you won' t have the problems you have in Riverhead. CHAIRMAN GOEHRINGER: I am assuming the site plan will indicate where the parking area is? DR. LIZEWSKI : Oh, yes , the site plan does. You don' t need a lot of parking for this because at the most 8 people will be using this so you figure 8 or 10 cars . It' s not meant to be a public facility. CHAIRMAN GOEHRINGER Do you have any plans in future of elongating it, putting in tennis courts? DR. LIZEWSKI : I am not planning on inside tennis courts . If this turns out to be fairly successful and I move the big barn that' s on my property , I would :ome back to you possibly in the future for an o.lympic sized swimming pool and I would like to put in a 75 ' x 40 ' heated indoor swimming. pool as part of this complex. That would be my next step and I would end with that. But I would have to move those barns , provide much more parking and change an' awful lot on that property in order t do that. That is in my mind, yes . But at this point no, because an indoor swimming pool of that size costs a quarter of a million 'dollar:; to build properly in a commercial fashion. We really don ' t have a commercial swimming pool on the north or south forks built for public use in the right fashion. All recreational pools put indoor areas , 7-Z ' s and the Omni basically have homeowners ' pools with homeowners ' equipment for public use. If I did it I would want to put it in for commercial use-; you could have swirl--75 ' pool is Olympic sized and it could be used by schools . You could have swim clubs with your schools or anything at all. But I am waiting to see what the !'own does , also. We had that questionnaire, you know, does the Town. want to have a swimming pool. I certainly wouldn ' t bother putting up cone if they did. CHAIRMAN GOEHRINGER: All right, I thank you very much. We will see -- if there are comments from the audience and then I will recess this hearing. Is there anybody who would like to speak oil behalf of this application? Anybody like to speak against the application? Questions from Board Members? Hearing no further questions , I make a motion recessing the hearing . Dr . Lizewski , excuse me , what: is your time limit on this? Do you have to get going on this , assuming you get all the approvals by the Boards? DR. LIZEWSKI: Yes , I would like to break ground this Spring and have it finished by September . I have everybody structurally, lined up . If I get it I will go. I think I can have it completed by September 1 ZBA 3/7/85 Page 5 JOSEPH LIZEWSKI HEARING - CONTINUED CHAIRMAN GOEHRINGER: I will recess this hearing until the April 11th meeting . Thank you very much. Thank you for coming in. ---------------------------------------------------------------------- #3321 At 7 : 53 p.m. a Public Hearing was held in the matter of ALICE D. CURRIE for a variance to redefine and change lot lines of three parcels , north side Soundview Avenue, Southold. Chairman read legal notice of hearing in its entirety and appeal application for the record. CHAIRMAN GOEHRINGER: Mr. 'Currie, would you like to be heard? MR. CURRIE: I don ' t have anything to add to what you read off there , except that I would like to point out, you did point out that there would be one waterfront lot instead of two, and I would think that would lessen the impact on the lakefront and the waterfront lot is large but it' s large because of so many requirements because of set- backs . CHAIRMAN GOEHRINGER: Okay, what way would you be entering the property assuming this application was approved? First of all, I should ask you to put that mike on. I don' t think the button is on. What way would you be entering this property? Is there an existing right of wall over the driveways? MR. CURRIE: The existing right of way would be extended into lot 4r2 . CHAIRMAN GOEHRINGER: Okay, you would be required to have approved ac- cess over that, which means you would have to continue that road and some maintenance of that to go into this other proposed lot. Is there any specific reason, other than the' fact that requirements today by Suffolk County Health and DEC and so on, why you have chosen to divide it or redivide it in this manner? MR. CURRIE: There is no other reason than that, except that the small lot would be very hard to build a house on with the Health Department requirements . CHAIRMAN GOEHRINGER: How big was that lot? Originally, when it was granted? MR. CURRIE: I believe it was , sorry I don' t have my old map, but I believe it was 10 ,000 some odd square feet. CHAIRMAN GOEHRINGER: So, now it would be 29 , 000 square feet? MR. CURRIE: Yes , that particular one would be. There is really not much change in the lot, except we turned the lines around a bit. ZDA 3/7/85 Page 6 ALICE D. CURRIE HEARING - CONTINUED CHAIRMAN GOEHRINGER: I thank you very much. Is there anybody else who would like to be heard on behalf of this application? Against the application? Questions from Board Members? I have one letter in the file from an adjacent property owner that is against this particular application. Hearing no further comments , I will make a motion closing the hearing reserving decision until later . I don ' t know if we will get to it tonight, but .I have not discussed, nor_ have I seen the Board since the last meeting, so we will kick it around after this . That ' s rather a jargon phrase, but we will start the deliberation process after this meeting, okay, and we will have a decision for you in the near future. MR. CURRIE: But I better nor wait for one tonight. CHAIRMAN GOEHRINGER: You are very welcome to do that. ------------------------------------------------------------------------ #3319 - At 8: 00 p.m. a Public Hearing was held in- the matter of ANDREAS PALIOURAS for permission to reinstate and restore second dwelling structure to . its orig:inal. condition as a one-family structure. Chairman read the legal notice of hearing in its entirely and appeal. application for the record. GEORGE KOKKINOS: We have nothing to say. You have read everything . CHAIRMAN GOERHINGER: When a house has lost its, in this particular case, non-conformance, we usually require the house to be brought up to 850 square feet. Now, I am asking that question, because I was wondering if you willing to do that? GEORGE KOKKINOS : That ' s the requirement, yes . CHAIRMAN GOEHRINGER: Would you be renting this blouse, or would you be using .it for family members? GEORGE KOKKINOS: We are using it for family mernbers . — - CIAIRMAN GOEHRINGER: Would you be putting its own separate well and septic system in the house, in lieu of hooking up to the other? GEORGE KOKKINOS: Yes . The house has running water . CHAIRMAN GOEHRINGER: Any application before a Board usually entails when we grant something of this nature , it usually states that it not that it conform to all side yard and rear yard restrictions as to zoning on a particular parcel , so therefore we would not, assuming we grant yut.i this application , allow you to come in closer to the right of wa7, the property on the one side. Any building construction would have to be to the rear of that, to the rear of the existing building. j j BOARD OF APPEALS, TOWN OF SOUTHOLD < In the Matter or the Petition of 'J J NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That_it is the intP rn ion-o_ f the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) Special E'xceptian , (Special Permit) (Other) _ [circle choice] 2. That the property which is the subject-of the Petition is located adjacent to your property and is des- cribed as follows: —. I AC �—Ci �T- Ty I� �f:--e t Sri ) �a-r-- �-c r 1�� ! i1 l s, bT- /--4 A- 3. That the property wh•ch is the subject of such Petgtion is located in the following zoning district: 15T i Dnn 1 7 t `Z NLR-S 4. That by such Petition, the undersigned will request the following relief: 7_?ePnnl r) `1� I ,9 _PR I VAS KOO IF "� 5. That the provisions of the Southold Town Zoning Code a plic ble to the relief sought by the under- signed are Article l� Section 100 -,30- B& 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 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. Dec'-Dated: • I g 19 e . �J o -5AFF44 -J . L I ZLZc)*,L- Petitioner Post Office Address fox zocpg_ 1� '0� 1 A-LE e - J�_ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS a14Zl ate' — - ,_. P 637 467 926 P 637 467 925 RECEIPT FOR CERTIFIED MAIL i --IEtEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL i NO INSURANCE COVERAGE PROVIDED { (See Reverse) NOT FOR INTERNATIONAL MAIL (See Reverse) A «1 ^ Sent tpf nco a0 Stree and No. ` c Street o w P.O., ate an IP C^o�e 0°D, C P.O State an ZIP Code /f c7 P tage $ d vi i q Postage $ 7, Certified Fee 7 {� Certified Fees Special Delivery Fee Special Delivery Fee Restricted Delivery Fee j Restricted Delivery Fee Return Receipt Showing I to whom and Date Delivered r © Return Receipt Showing w g to whom and Date Delivered 1 Return receipt showin to whom, Co Date,and Address of Delivery Return receipt showing to whom, ( ai Date,and Address of Delivery d TOTAL Postage and Fees $ f � ® TOTAL Postage a $ 1 ua c Postmar r Da o Postmark o Co o E C: E Cj Nr 'L '� a.. n a _ U. >lr, STATE OF NEW YORK ) ~^� COUNTY OF SUF-FOLK ) ss : 44 I residing at h!_� being duly swornj deposes and says that on the day of SC-GJA 16vm_ , 19 P 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 curren_t assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at' 'La ; that said Notices were mailed to each of said persons by (certified) (registered) ail. Sworn to before me this Q-3 day of "�EC, , 19 Notary Public ELIZABETH BUSSO NOTARY PUBLIC, State of Now I W No. A755734 Qualified in Suffolk Court/. rnisslon Expires March ., ►� Z. Town Hall, 53095 Main Road �, O� P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE Town CLERK (516)765-1801 eecisrRnR of viral srarIsrIcs OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 25, 1985• To: Southold Town Planning Board / - Southold Town Board of Appeals!/ Southold Town Building Department From: Judith T. Terry, Town Clerk R Re: Waivers granted by Town Board on October 22,. 1985 Attached hereto are the following waivers of the provisions of Local Law No. 14 - 1985 which were granted by the Southold, Town Board at their October 22., 1985 regular meeting: Ruth Enterprises Walter and Marilyn Gatz Joseph Lizewski 125-127 Main Street Corp. Alfred M. Citelli, Jr. , DDS & Vincent M. Claps, DDS Robert A. Celic Also attached is the resolution denying a waiver to "280 North Road", and a letter to Dynasty Packing Inc. relative to the Board's inaction on their waiver request. Attachments �� u' - 'T Town Hall 53095 Main Road 0, 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 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 22, 1985: WHEREA Joseph..Clifford Cornell, on behalf of Ruth Enterprises, has requested that this\Board waive the provisions of. Local Law No. 14 - 1985 with respect to his application presently pending before the Planning Board and the Building Inspector,�and WHEREAS, Joseph Clifford Cornell appeared before this Board and explained the nature of the uses for which he proposes to use the premises in question, and WHEREAS, this Board finds that the applicant proposes to construct a new build- ing to househ1s 'Board- hree business offices, and WHEREAS, tdeems such use: consistent with the uses in a Limited Business District as pr osed by Raymond, Parish, Pine E Weiner, Inc.'s Master Plan Update Zoning Code r visions, NOW,.. THEREFORE, BE IT RESOLVED that the applicant be and he hereby is granted a waiver- of the provisions of Local Law. No. 14 - 1985 to the extent of permitting such uses on said premises as set forth in his application presently pending before the Southold .Town Planning Board for a site plan and the Southold Town Building Inspector for a building, permit, subject, however, to the applicant obtaining any and all permits and approvals required by all Town and other governmental agencies having jurisdiction thereof. Judith T. Terry Southold Town Clerk I z Q10, 3 Town Hall, 53095 Main Road 4�`® P.O. Box 728 �UU� Southold, New York. 1.1971. JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL:STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD ;theuse TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE D TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 22, 1985: , Garrett A. Strang, on behalf of Walter and Marilyn Gatz,has requested Board waive the provisions of Local Law No. 14 - 1985 with respect to ation presently pending before the Southold Town Planning Board and - own Building Inspector, and , Garrett A. Strang appeared before this Board and explained the nature e for which he proposes to use the premises in question, and WHEREAS, 'this Board finds that the applicant proposes to construct a restaurant and busines� offices, and WHEREAS, this Board deems such use consistent with the uses .in a: Limited Business District_ as proposed by Raymond, Parish, Pine 8 Weiner, Inc.'s Master Plan Update Zoning _Code revisions; NOW, THEREFORE, BE IT RESOLVED that the applicant be and he hereby. is granted a waiver of the provisions of Local Law No. 14 - 1985 to the extent of permitting only that which is .allo ed in the Limited Business District on said premises as set forth in his application presently pending before the Southold Town Planning Board for site plan approval and `Southold Town Building Inspector for a building permit, subject, however, to the applicant obtaining any and all permits and approvals required by all Town and other governmental agencies having jurisdiction thereof. XK;dith T. Terry Southold Town Clerk l oS�VFW L_�o . QzS , v' Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE _ TOWN CLERK (516)765-18_01 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 22, 1985: WHEREAS, Garrett A. Strang, on behalf of. Joseph Lizewski, has requested that this Board waive the provisions of Local Law No. 14 - '1985 with respect to his application presently pending before the Building Inspector, and WHEREAS, Garrett A. Strang appeared before this Board and explained the nature of the uses for which he proposes to use the premises in question, and ; WHEREAS, this Board funds that the applicant proposes to construction a racquet- ball facility, and WHEREAS, this Board deems such use consistent with the uses in the R-40 District as proposed by Raymond, Parish, Pine S Weiner, Inc.'s Master Plan Update Zoning Code revisions, NOW, THEREFORE, BE IT RESOLVED that the applicant be and he hereby is granted a waiver of the provisions of Local Law. No. 1:4 - 1985 to the extent of permitting such uses on said premises as set forth in his application presently pending before the Southold Town Building Inspector for a building permit, subject, however, to the applicant obtaining any and all permits and approvals required by all Town and other governmental agencies having jurisdiction thereof. v Judith T. Terry Southold Town Clerk i 1 1 cn 3.1 �, Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11.971 JUDITH T.TERRY TELEPHONE TOwta.CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD. ON OCTOBER 22, 1985: .WHEREAS, Garrett A. Strang, on behalf of 125-127 Main Street Corp. , has requested that this Board waive .the provisions of. Local Law. No. 14 - 1985 with respect to his application presently pending before the Building Inspector, and WHEREAS, . Garrett .A. Strang appeared before this Board and explained the nature of the uses for which he proposes. to use the premises in question, and ' - WHEREAS, this Board finds that the applicant proposes to constructing a warehouse building with an office, and WHEREAS, this Board deems such use consistent with the uses in a Light Industrial District as proposed by Raymond, Parish, Pine & Weiner, Inc.'s .Master Plan Update Zoning-Code.. revisions, NOW, THEREFORE, BE IT RESOLVED that the applicasnt"1e and 'he hereby is granted a waiver of the provisions of Local. Law No. 14 - :1985 to the extent of permitting such uses on said premises as set forth in' his application presently pending before the Southold Town Building Inspector for a building permit,. subject, however, to the applicant obtaining, any and all permits and approvals required by all Town and other governmental agencies having jurisidiction thereof. udith T. Terry Southold Town Clerk 1 , Ln a;. 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 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 22, 1985: WHEREAS, Alfred M. Citelli, Jr., D.D.S.. and Vincent M. Claps, D.D.S. have requested that this Board waive the provisions of Local Law No. 14 - 1985 with respect to their application presently pending before the Southold Town Planning Board fors.site plan approval, and WHEREAS, this Board finds that the applicant proposes to construct professional office buildings, and WHEREAS, this Board deems such use conssitent with the uses in a Light Business District as proposed by Raymond, Parish, Pine 8 Weiner, Inc.'s Master Plan Update Zoning Code revisions, ' NOW, THEREFORE, BE IT RESOLVED that the applicants be and they hereby are granted a waiver of the provisions of Local Law No. 14 - 1985 to the extent of permitting such uses on said premises as set forth in their application .presently pending before the Southold Town Planning Board for site plan approval, subject, however, to the applicant obtaining any and all permits and approvals required by all Town and other governmental agencies having jurisdiction thereof. 1��9J-udith T. Terry Southold Town Clerk ,I r c� r Town Hall, 53095 Main Road -..IRS w... � P.O. Box 728 lfl �b� 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 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD. ON. OCTOBER 22, 1985: WHEREAS, Robert A. Celic has requested that this Board waive the provisions of Local Law No. 14 - 1985 with respect to his application pending before the.Southold Town Planning Board and Southold Town Building Inspector, and WHEREAS, this 'Board finds that the applicant proposes to construction an extension to his real estate office building, and WHEREAS, this Board deems such use consistent with the uses in a B-1. District as proposed by Raymond, Parish, Pine 8 Weiner, Inc.'s Master Plan Update Zoning Code revisions, NOW,-.THEREFORE, BE IT RESOLVED that the applicant be and he hereby is granted a waiver of the provisions of Local Law NO. 14 - .1985 to the extent of permitting such uses on said premises as set forth in his application presently pending before the ,Southold Town- Planning Board for site plan approval and the Southold Town Building Inspector for a building permit, subject, .however, to the applicant obtaining any and all permits and approvals required by all Town and other governmental agencies having jurisdiction thereof. Judit zh T. Terry Southold Town Clerk t . Q�o5�FF0(,��oG a 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 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 22, 1985: WHEREAS, John C. Tsunis, Esq., on behalf of "280 North Road", has requested that this Board waive the provisions of Local Law NO. 14 - 1985 with respect to his applica- tion presently pending before the Southold Town Planning Board, and 3. WHEREAS, this Board finds that the applicant proposes to construct a retail shopping center, and WHEREAS, this .Board deems such us inconsistent with the uses in the R-O. District as proposed by Raymond, Parish, Pine 8 Weiner, Inc.'s Master Plan Update Zoning Code revisions, NOW, THEREFORE, BE IT RESOLVED that the applicant be and he hereby is denied a waiver of the provisions of Local Law No. 14 - 1985 with respect to his application presently pending before the Southold-Town Planning Board for site plan approval. Judith T. Terry Southold Town Clerk I n, y a o 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 October 25, 1985 Capt. John M. Dulemba, Pres. C,.E.O. Dynasty Packing Inc. Box 699 Mattituck, New York 11952 R Dear Mr. Dulemba: The Southold Town Board at their regular meeting held on October 22, 1985 failed to take action on your application for a waiver of the provisions of Local Law No. 14 - 1985 in, light of the fact you made no application .to any Town" agency prior to the enactment of Local Law No. 14 - 1985. Very truly yours, Judith T. Terry Southold Town Clerk 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 crook, NY 11794, (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. [ ] I. Waterfront without bulkheading N [ ] 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. I ] 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) . lo/831k The ;i' . Y . 5) . Environmental quality Rev i (:w trot r•e(Ili ires .U))- mission of this �r�t>> and an envir•un;tieriLa1 !view will be d made by this b( d before any action is ta . i . SHORT SN'1L't01�':Et�TAL ASSFSSKENT GC'RIM INSTPUCT'_CN-Ss (a) In order to answer the questions in this short EAF is is assumed that thi preparer will use currently available information concerning the project and the likely i=pacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a ccr4pleted Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is , nc. significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? . . Yes ---No 2. Will there be a major change to any unique or unusual land forte found on the site? • . Yes ✓ No 3• WLI-1 project alter or have a large effect on an existing body of water? • • Yes ----'No L• Will project have a potentially large impact on groundwater quality? Yes -'No 56' Will project significantly effect drainage flow on adjacent sites? . . . • . . . . ., . . • Yes ✓No 6. Will project affect any threatened or endangered plant or animal species? . . • • . . . • • • • Yes 'No 7• Will project result in a major adverse effect on air quality? • • • . • . . • . • Yes ✓Ho B• Will project have a trAjor effect on visual char- actor of the community or scenic views or'vistas known to be important to the cor-nunity? • . Yee _,/ No 9• Will project adversely impact any site or struct- ure of historic, pro-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? Yes _—__�No 10• Will project have a major effect on existing or Yes ✓ future recreational opportunities? . • . No 11. Will project.result in major traffic problems or cause a major effect to existing transportation systems? Yes ✓No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the. project's operation? Yes No 13• Will project have any impact on public health or safety'' . . Yes No 1L. Will project affect the existing community by directly causing a growth in permanent popula- tion of :core than 5 percent over a one-year period or have a major negative effect on t�.e character of t .e cor..munity ;r r,ei„hborh000? . Yes ,/ No 15. Is there pt lic c n overly co erning the project'. Yes ✓ No C PREPA3ER'S SIGNIATI E: TITLE: o4t.)A REPRESE`ITING: r DATE: /Z—/8 " 8� 9/1/J8 ZONING BOARD OF APPEALS Town Hall Main Road - S.R.~ Seuthold, N.Y. 11971 COUNTY OF SUFFOLK STATE OF NEW YORK ss: NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Code of the Town of Southoid, the following public hearings will be held by the Southold Town Board of Appeals at the Seuthold Town Hall, Main Road, Seuthold, NY at a Regular Meeting, commenc- ing at 7:30 p.m. on THURS- DAY, APRIL 11r 1985~ and as follows: 7:30 p.m. EMIL1A T. PIKE, by A. Wickham, Esq.,-Maln Road, MaRituck, NY for a Variance to the Zoning Ordin- ance, Article IH, Section 100- 31, Bulk Schedule for approval of insufficient area of pro- pesed Parcels I and 2 and insufficient lot width of Parcel 1, located at the North Side of Main Road, Mattitack, NY; County Tax Map Parcel No. 1000.140-03-26. 7:35 p.m. COLGATE DE- SIGN CORP., by W. Esseks, Esq., 106 East Main Street, Riverhead, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permission to construct acces- sory building within the west- eriy sideyard area. Location of Property: 7-11 Store, North Side of Main Road, Cut- cbogue, NY; County T~x Map Parcel No. 1000-102-05-24. 7:40 p.m. ~ VELOPMENT CORP./SAGE, by J. Forchem, Esq., 120 Mineola Blvd., Mineola, NY 1150~ for a Variance to the Zonin~ Ordinance, Article IH, Sectio~a 100-31, Bulk Schedule and/~rticie XIII, Section 100- 136A for approval of insuffi- cient area and width of oach lot in this proposed 19-lot cluster development or subdivision and insufficient setbacks. Lo. cation of Property: 67380 Main Road, Grcenport; NY; County Tax Map Parcel No. 1000- 053-05-001,001.3, 12.3; known and referred to as "Breezy Shores." //~7:55 p.m. JOSEPH LIZEW~'N SKI, 29205 Main Road, Cut- choguc, NY for a Variance to the Zoning Ordinance, Article HI, Section 100-30(B)[6] for ~ermission to construct build- ~g for private membership ith an insufficient setback ~m the easterly property ..e. Location of Property: N/S ' Main Road and E/S Depot , i Lane, Cutchogue, NY; Count ~ / I Tas Map Parcel No. 1000-.~ /,o102-02-12.1. ' 8:00 p.m. ~ SKI, Special Exception hear- ing to reconvene concerning establishment of racquetball/ private membership club. 8:05 p.m. THOMAS H1G- GINS~, Ruch Lane, Southold, NY for a Variance to the Zoning Ordinance, Article m, 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 .......... '. ........... Sworn to before me this ..................... day of Notary Public BARBARA FORBES lq'ot~J.y Public, State of New York No, 480~846 Qualified in Suffolk County C~mmission Expires March 3~, 19 , ',LEG~L NOTICE NOTICE IS HEREBY GWEN, pUrSuant to Section 267 of the Town Law and the Code of the Town of Southold, %he following imblic hearings will be held by the Southold To~n Board of AP. peals at the Southold Town Hall, Main Road, o .thold, NY at a Regular Me ~, commencing at 7:30 p.m. on THURSDAY, APRIL 11,1985, and as foll0~w s: 7:30 p.m. EMILIA T. pIKE, by A. Wickham, Esq., Main Road, Mattltuck, NY for a Vari- ance to the Zoning Ordinance, Article IH, Section 100-31, Bulk Schedule for approval of insuffi- cient area of proposed parcels 1 and 2 and insufficient lot width of Parcel 1, located at the North Side of Maih Road, Mattituck, NY; County Tax Map Parcel No. 1000-140-03-26. 7:35 p.m. COLGATE DE- SIGN CORP., by W. Esseks, Esq., 108 East Main Street, Riverhead, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permis- sion to construct accessory build- lng within the westerly sideyard area. Location of Property: 7-11 Stere, North Side of Main Ro~d, C*utehogue, NY; County Tax Map parcel No. 1000-102-05-24. 7:40 p.m. RAYV1EW DE- VELOPMENT CORP./SAGE, by J. Forchelli, Esq., 120 Minepin Bird, Mineola, NY 11501 for a Variance to the Zoning Ordi- nance, Article III, Section 31, Bulk Schedule and Article XIII, Section 100-136After ap- proval of insufficient a~ea and width of each lot in this ip~oposed 19-lot clu~tor developn~ent or subdivision and insufficient backs. Location of property: 67380 Main Road, Gree- NY; County Tax Map Parc~ o. 1000-053-05-001,001.3, 12.3~ known and referred to as "Breezy ,× 7:55 p.m. JOSEPH \ LIZEWSKI, 29205 Main Road Cutchogue, NY for a Variance to the ~oning Ordinance, Article : III, Section 100-30(B)[8] for per- ~ m~ss~on to constr~ct build ng for private membership with an in- sufficient setback from the eas-~ terly property hne. Location o \ Property: N/s Ma n Road and E/s Depot Lane~ Cu~chogue, NY; County Tax Map Parcel No. 1000-102-02-12.1. ~-~ 8:00 p.m. JOSEPH LIZEWSKI - Special Exception hearing ~ reconvene concerning e~tablishment of racquetha!l/pri- vate ~nembership club. 8:05 p.ro~ 'lOMAS HIGGINS, Ruch Lane, BouthSld, NY for a Variance to the Zoning Ordi- hence, Article HI, Section 100-32 for permisslon to construrt acces- sory ~arage in frontya:rd area, at 850 Ruch Lane, Southold, NY; ~ounty Tax Map Parcel No. 1009-52-02-30. 8:10 p.m. HAROLD cARR, Box 1416, Mattituck, NY for a Variance to the Zoning Ordi- nance, Article HI, Section 100-31 for perlnission to construct deck addition~with a~ iv. sufficient rearyard setback, at 2045 Mar- ratooka Road, M~ttituck, NY; County Tax Map Parcel No. 1000-123-02-003. 8:20 p.m. DOMINICK VAR- ANO, by R. Lark, Esq., Box 973, Cutchogue, NY for a Variance ta the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for approval of insuffi- cient area of proposed Lot 3, at premises 6750 In, lan Neck Road, Peconic, NY; County Tax Map Parcel No. 1000~86-07-004. 8:30 p.m. WILLIAM AND HELEN COSTER, by R. L~rk, Esq., Bpx 973, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Ar$icle III, Sc~tion 100-30(B){13] for permission to '~establish and build one-story building as a funeral home busi- ness, at premises of Dalchet Corp., S/s Main Road and W/s Harbor Lane, Cutchogue, NY; County Tax Map parcel No. 1000-97.0-part of 15; c~ntaiuing The Board of Appeals will at said time' an~ place hear all per- sons interested in the above mat- ters. Written comments may also be submitted prior to or during the hearing in question. Dated: March 28, 1985. BY ORDER OF BOARD OF APPEALS GERARD ~. GOEHRINGER CHAIRMAN By L. Kow~lski, Secretary (516) 765-1809 (alt. 1802) 1TA4~856 STATE OF NEW YORK COUNTY OF SUFFOLK :~ r.mW~AS of Greenport, in said County, being duly sworn, says that ho/she is Principel Clerk of THE SUFFOLK TIMES, e Weekly Newspeper, published et Greenport, in the Town of Southold, County of Suffolk snd State of New York, end thet the Notice of which tho annexed is e printed copy, hes been regularly published in said Newspaper once each week for 1 weeks successively, commencing on the 4 dayof A.p:i 1 1985 Principal Clerk . Sworn to before me this 4 April 19 85 ANNM. ABAIE , ~/'~ /I NOTARY PUBLIC, State of New Yor~ / [/ /~ _ 77' Suffolk Co~mty No 4742183 ~ Term Exp.'~