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HomeMy WebLinkAbout3137MOR~Ri S, OAI SM~N ........ %~3~ 3 '! 405 Kerwin Blvd., Greenport 7/28/83 ~. ~/~/~ D-store materials in open .area upon this parcel zoned "B-Light Business". Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 BOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3137 Application Dated May 20, 1983 (Public Hearing held 6/23/83) TO: [Appellant(s)] Rudolph H. Bruer, Esq. as attorney for Mr. Daysman Morris Main Road Southold, NY 11971 At a Meeting of the Zoning Board of Appeals held on July 28, 1983 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section Request for Variance to the Zoning Ordinance Article VI , Section 100-60(A & B) [ ] Request for The public hearing concerning this application was held on July 28, 1983. Upon application for DAYSMAN MORRIS, by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-60(A) & (B) to store materials in the open area upon this parcel, zoned "B-Light Business." Location of Property: 405 Kirwin Boulevard, Greenport, NY; County Tax Map Parcel No. 1000-53-02-006. The board finds and determines as follows: By this appeal, appellant seeks a variance to the provisions of Section 100-60 (A) & (B) of the Zoning Code to permit the use of property located in the "B-Light Business" District for the purpose of outside storage of cesspool rings, covers, cone tops, and related material and equipment. Ail of the members of this board have personally visited the site and are familiar with the property as well as the surrounding neighbor- hood. The property in question is shown on the Suffolk County Tax Map as District 1000, Section 53, Block 02, Lot 006. It comprises .802 of an acre and is bounded on the north by parcels most of which are improved with residences, on the west by Kirwin Boulevard and west of Kirwin Boulevard by parcels zoned "C-Light Industrial"; on the south by the L.I.R.R. and south of the L.I.R.R. by "A-Residential and Agricultural" Districts; and on the east by "A-Residential and Agri- cultural'' Districts. The subject parcel and parcels in the immediate area north of the L.I.R.R. are lots which have been created by the May 19, 1933 Subdivision of "Peconic Bay Estates." For the record, it is noted that the site in question is not improved. It is also noted that the parcel identified as County Tax Map District 1000, Section 53, Block 02, Lot 023 located across the bou3evard and catty-cornered from the subject site, was improved with a one-family dwelling pursuant to Appeal No. 2679, variance for Raymond and Anna Ciacia, dated April 10, 1980. Town records show that the premises was purchased on 12/3/80 in the amount of $5,000. Dollars and cents proof is necessary to show that the property in question can't yield a reasonable return and which has not been presented. (CONTINUED ON PAGE TWO) DATED: August 15, 1983. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3137 Matter for DAYSMAN MORRIS Decision Rendered July 28, 1983 Since this is a use variance, before this board may grant the same, it must be demonstrated that (1) the land in question cannot yield a reasonable return if used only for the purpose of the zone in which it is located; (2) that the plight of the owner is due to unique circumstances and not to the general conditions of the neighborhood which may reflect the unreason- ableness of the zoning ordinance itself; and (3) that the use to be authorized to be used for the variance will not alter the essential character of the neighborhood. In order for the Appellant to sustain his burden to prove the lack of reasonable return, he must demonstrate this lack of reasonable return by dollars and cents proof. No such proof has been presented in this case and, accordingly, the board must deny the variance applied for. On motion by Mr. Doyen, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3137, application for DAYSMAN MORRIS, be and hereby is DENIED. Location of Property: 405 Kirwin Boulevard, Greenport, NY~ Lots 165-167, inclusive, of Subdivision of Peconic Bay Estates; County Tax Map Parcel No. 1000-53-02-006. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. , ~GE N RECEIVED AND FILED ugust 15, 1983 / THE SOUTHOLD TO~;N CLERK .4' Fair n Southold Town Board of Appeals MAIN R❑AD - 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 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following Public Hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall , Main Road, Southold, New York, on THURSDAY, JUNE 23 , 1983 commencing at 7 : 30 p.m. and as follows : 7 : 30 p.m. Recessed Hearings: Appeals No. 3126 and 3125. JACK LEVIN. Variance for two-family dwelling status. South Side of C.R. 48 , Greenport. 7 : 35 p.m. Application of HANS H. RIEGER, 370 Harbor Road , Orient , NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to constructtin the frontyard area at 370 Harbor Road, Orient, NY; County Tax Map Parcel No. 1000-027-04-006 . . 7 :40 p.m. Application of BRUCE AND PATRICIA STEWART, School- house Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct garage addition to dwelling with an insufficient sideyard setback at 870 Schoolhouse Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-05-014. 7 :45 p.m. Application of PETER AND CALLIOPE PAPANTONIOU, 55370 C.R. 48 , Southold, NY for a .Variance to the Zoning Ordinance , Article III, Section 100-32 for permission to increase size of existing garage which is located in the sideyard area, at. 55370 C.R. 48 , Southold, NY; County Tax Map Parcel No. 1000-052-03-026 . 7 :50 p.m. Application of RICHARD AND DONNALEE RELYEA, 1060 Foxhollow Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building (horse barn) in the frontyard area of premises known as 1060 Foxhollow Road, Mattituck, NY; County Tax Map Parcel No. 1000- 113-006-023. 7 :55 p.m. Application of ALFRED J. TERP, 1435 Hobart Road, Southold, NY for a Variance to the Zoning Ordinance , Article III, Page 2-Legal Notice of Hearings Southold Town Zoning Board of Appeals Regular Meeting of June 23 , 1983 Sections 100-31 , 100-34 , for permission to construct bathroom addi- tion to dwelling leaving an insufficient sideyard setback, at 1435 Hobart Road, Southold, NY; County Tax Map Parcel No. 1000-064-002-012. 8 :00 p.m. Application of CUTCHOGUE FREE LIBRARY, Main. Road, Cutchogue, NY for a Special Exception to the Zoning Ordinance , Article VII, Section 100-70 (B) [1] to establish library use in the existing building in this B-1 District, at 28735 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-05-022. 8 :10 p.m. Application of CUTCHOGUE FREE LIBRARY, Main Road, Cutchogue , NY for a Variance to the Zoning Ordinance, Article XI, Section 100-112 (H) for permission to use accessory off-street park- ing area adjoining this premises for this proposed library. Loca- tion of Properties: North side Main Road, Cutchogue, NY; County Tax Map Parcels No. 1000-102-05-22 and 23. 8: 15 p.m. Application for KATHRYN REEVE, by Scott R. Albrecht, West View Drive, Mattituck, NY for a Variance to the Zoning Ordi- nance, Article III, -Section 100-32 for permission to construct accessory building (garage) in the side yard area, at 855 West View Drive, Mattituck, NY; County Tax Map Parcel No. 1000-139-01-019. 8: 20 p.m. Application of DOUG AND KARIN CONSTANT, 555 Village Lane, Orient, NY for a .Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with an insufficient rearyard setback, at 555 Village Lane , Orient, NY; County Tax Map Parcel No. 1000-25-2-5. 1. 8: 25 p.m. Application of MRS. GRACE E. KENNEY. 2020 East Gillette Drive, East Marion, NY for a Variance to the Zoning Ordi- nance , Article III, Sections 100-31 and 100-34 for permission to construct addition (two-car garage) with variation to the previous appeal, No. 3067, in the front and/or sideyard areas at 2020 East Gillette Drive, East Marion, NY; County Tax Map Parcel No. 1000= 038-03-020. 8: 35 p.m. Application of FRANK MESSINA, Box 368 , Ronkonkoma, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct swimmingpool in the frontyard area, at 4355 Wunneweta Road, Cutchogue, NY; Nassau Point Filed Map, Lot 222; County Tax Map Parcel No. 1000-111-012-006 & 007. (William B. Smith, agent) 8 :45 p.m. Application for DAYSMAN MORRIS, by Rudolph H. Bruer, sq. , Main Road , Southold, NY for a Variance to the Zoning Ordinance rticle VI, Section 100-60 (A) & (B) to store materials in the open 1 Page 3 - Legal Notic,- if Hearings Southold Town Zoning Board of Appeals Regular Meeting of June 23 , 1983 area upon this parcel, zoned B-Light Business. Location of Propert : 405 Kirwin Boulevard, Greenport, NY; County Tax Map Parcel No. 1000-53-02-006. `J 9:00 p.m. Recessed Hearing; Appeal No. 3099. Application for DOROTHY REISE/RIAL REALTY CORP. , By Rudolph H. Bruer, Esq. , Main Road, Southold, NY - garage and tennis court on vacant parcel. East Hyatt Road, Southold, NY. 9: 15 p.m. Application for IRENE PAPADAKIS, by Michael J. Hall as attorney, Front Street, Greenport, NY for an Interpretation of "skin care clinic" as a home occupation under Article I, Section 100-13, Definitions. Location of Property: 26165 Main Road, Orient, NY; County Tax Map Parcel No. 1000-018-.03-23. Dated: June 10 , 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS BY GERARD P. GOEHRINGER CHAIRMAN For further information concerning the above hearings, please contact Linda Kowalski, Secretary of the Zoning Board of Appeals , at 765-1809 (or 1802) . ----------------------------------------------------------------------x INSTRUCTIONS TO NEWSPAPERS: Please publish once, to wit, Thursday, June 16 , 1983, and forward one affidavit of publication to Board of Appeals, Main Road, Southold, NY. -----------------------------------------------------------------------x Copies to the following on or about June 13 , 1983: Mr. Jack Levin, C.R. 48, Greenport, NY Mr. Hans H. Rieger, 15 Harbour Road, Orient Mr. and Mrs. Bruce Stewart, Schoolhouse Road, Cutchogue Mr. and Mrs. Peter .Papantoniou, 55370 C.R. 48 , Southold Mr. and Mrs. Richard Relyea, 1060 Foxhollow. Road, Mattituck Mr. Alfred J. Terp, 1435 Hobart Road (Box 64) , Southold Mr. William Peters, Chairman Cutchogue-New Suffolk Library, Box 935 , Cutchogue Mr. Scott R. Albrecht, West View Drive , Mattituck Mr. Kenneth Strachan, Builder for Karin and Doug Constant, Hog Pond Rd , Oriel Mr. and Mrs. Doug Constant, 555 Village Lane, Orient Mr. and Mrs. Robert Kenney, P.O. Box 392 , East Marion, NY 11939 Mr. William B. Smith, as agent for Frank Messina, 220 Mechanic St, Southold Mr. Frank Messina, P.O. Box 368 , Ronkonkoma, NY 11779 Rudolph H. Bruer, Esq. , as attorney for Mr. Daysman Morris and Rial Realty Corp. Anthony B. Tohill, Esq. , 6 East Main Street, Riverhead, NY (Re: Reise) . Hal-1 and Hall , Esgs. l Front Street, Greenport FORM NO. 5 Vo } cR 'o.a Co .N 7 7i L'co ion .l N 0 N .o7 f ,.O '�� T 0.i Z.i✓N 7 v TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ORDER TO REMEDY VIOLATION f� .. . �S3 Date :4:<................ 19....3 .................................. TO .. . ,� .�rs:�...... . . ................................... (own r or authorized agent of owner) Afq , I/j 1 (address owner or authorized agent of owner) PLEASE TAKE NOTICE there exists a violation of: Zoning Ordinance Other Applicable Laws, Ordinances-or Regulations ............................................ at premises hereinafter described in that .......Q7f.ic'�.^l/......4.� ..oil..........A� t''.. ...... (state character of violdion) Ile,..... ......yf......n..J./�.�...�/......`............ ........ -. ( 00 — � Gl �t inviolation of ...........:`:4 ..., :............................................... ..................................................... (State section or paragraph of applicable law, ordinance or regulation) YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and to remedy the conditions above mentioned forthwith on or before the ........................................................f............ 0 dayof ................................... f.:............. 19........ The premises to which this ORDER TO REMEDY VIOLATION refers are situated at County of Suffolk New York: -c2, Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. ....P................................. .../o Building Inspector 1 ' TOWN OF S0UTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 5`��p�/83 DATE -..c��./.----- TOTHEIZOw|NG BOARD OFAPPEALS,.TOWN OF SOUTHOLD N. Y. - - ' l, 'pvye>' Morris-'-_.^_.__ ...of ......37§U..l9a�ne.cott^Drive ______.`_ Name of oeUomt Straetond Nun�bar Southold 2J.Y~ ___________~__,____--------.---- ---------.HERE8T APPEAL TO Municipality State THE ZONING BOARD OFAPPEALS FROM THE DECISION Of THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ------------ DATED ..........Feb. WHEREBY THE BUILDING INSPECTOR DENIED TO Daysman Morris ----------'^^^^---'--~^~'^^----- Non,e of Applicant for permit of 2700 Yeoueoc»t± Drive, Southold, N.Y. ~.......,...-..--------.--.--.-..-.........,..^.^..-.----. �troetond Number Munickpo|ity State (l{ ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ` l. LOCATION {}F THE- PROPERTY ....4O5 Kerwin Blvd. , zt .. "B" -------^^^^^^-'-~'^-'~---'^--^^^--^'`--- Street Use District on Zoning Mop Suffolk County Tax : lO0 -- 53 - 2 - 6 �.-,�------- 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Cm not quote the Onjinonce.) Article VI, Section 100-60 (A&8) ' 3. TYPE OF APPEAL /\0000| is mode herewith for (][X /\ VARIANCE tq the Zoning Ordinance or Zoning Mop ( ) �. /\ \/�R|/\��CE d�e to lack of access' (State(3tato of No York Town Low [hop. 62 Cons. Lows � _ . ' /\/t. 1.6 Sec. 28O/\ Subsection 3 ` ` z� ' pREV|OUS APPEAL /\ previous appeal (bwos) (has not) been made with respect tothis decision of the Building Inspector or with respect to this property. Such oppeo| was ( ) request for o special permit ( ) request for o variance and was made in /\ppoo| Nu. ----------'Doted .---,---.-_,_,,,_,_,,,____^. 'REASON FOR APPEAL ( ) /\ Variance to Section 280A Subsection 3 ( lI)� /\ \/ohonce to the Zoning Ordinance ( ) is requested for the mason that Appellant desires to store cesspool rings, oovazo and cone tops on the subject pzmozioeo. ' Form ZB1 (Continue on other side} REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Appellant would be unable to store the materials necessary to the continuance of his long-established business, and because Appellant purchased these premises believing that his intended use of the property was permitted in-this zoning district. 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 the property itself is unique, there being such a variety of districting in its immediate vicinity, to Wit:' "A"-zoned to the• 8outh -& East, "B -zoned to the North, and "C"-zoned to the West-(directly across the street).; these districts are accommodating such various commercial , operations as: a :fish, market, an asphalting business and a lumber yard. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the character of the district is so varied to begin with. Your Appellant is most agreeable to making any aesthetic improvements to the property as the Board may suggest. STATE OF NEW YORK ) , ss ... _ .. . ...................... COUNTY OF- SUFFOLK ) - J Signarure Ze Sworn to this ............../9. ................. day of...... MaY............:..................... 19 83 ...................... .............. ................................. Notary Public MARY DIANA FOSTER NOTARY PUBLIC, State of New York No. 52-4655242, Suffolk County Commission Expires March 30, 19 $ > �•r TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New.York 11971 November 27, 1984 , Mr. Daysman Morris 2760 Yennecott Drive Southold, New York 11971 Re: Property on Kerwin Blvd. Greenport, New York 11944 Dear Mr. Morris: As per your request, the Board of Trustees visited your property on Kerwin Blvd. , Greenport on November 23, 1984. The area near, the road contains no wetlands. Although, back near the gutter there is an area, from the gutter 75' up towards the road that would concern..the Trustees. The Board has no objection to placing these rings on your property as long as the 75 ' area near the gutter is not disturbed; also subject to the Town of Southold Zoning Regulations. Thank you for your concern. .Very truly yours, AE� AP- �r Hey P. Smith, President Board of Town Trustees cc: Trustees File Zoning Board Building Dept. � � r COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE E. KOPPELMAN DIRECTOR OF PLANNING August 22, 1983 Town of Southold Board of Appeals. Applicant: Daysman Morris Mun. File No. : 3137 S.C.P.D. File No. : SD-83-13 Gentlemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Appears inappropriate as sufficient information has not been sub- mitted to demonstrate compliance with applicable use variance criteria. Very truly yours, Lee E. Koppelman Director of Planning by GGN:jk Gerald G. Newman Chief Planner V T RANS MEMORIAL HIGHWAY HAUPPAUGE, L. I., NEW YORK 11788 Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 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: xx Variance from the Zoning Code, Article `71 , Section I00-60(A & B) Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No. : 3137 Applicant: DAYSMAN MORRIS Location of Affected Land: 4 1 05 Kirwin Blvd. , Greenport County Tax Map Item No. : 1000- 53-02-006 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 Existing or Proposed County, State or Federally- Owned Land Boundary of Existing. or Proposed County, State or Federal Park or Other Recreation Area Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. was denied COMMENTS: Applicant im permission to store materials in the open area upon this parcel, zoned "B-Light Business." Copies of Town file and related documents enclosed herewith for your review. Dated: August 1b, I983 �Jaaelyu Temp. 8ecret4ary, Board of Appeals �C.g s y Southold Town Board of Appeals MAIN ROAD - STATE: ROAD 25 SOUTHOLD, L.I., N.Y. 11971 ®� 6 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI August 16, 1983 Rudolph H. Bruer, Esq. Main Road Southold, NY 11971 Re: Appeal No. 3137 - Daysman Morris Location of Property: Kirwin Boulevard, Greenport Dear Mr. Bruer: Please find attached hereto copy of the official find- ings and determination rendered in the above entitled matter and filed this date with the office of the Town Clerk. Yours very truly, +.GERARDP. GOE RINGER N Enclosure cc: Building Department �r . Y Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11911 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS . GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI June 1, 1983 Rudolph H. Bruer, Esq. — Main Road Southold, NY 11911 Re : Appeal No. 3137 - Daysman Morris Dear Rudy: With reference to the above appeal application for Daysman Morris , please be advised that at a Regular Meeting held last Friday, the board has agreed ,to sch.ed.ule same for a public hear- ing to be held at our June 23 , 1983 Regular Meeting, provided that the requested site/sketch plan has been filed with our office by June 8th. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski , Secretary 74 h � J 0 �2Et7 o � w . e rki YAP n of ols ° o � e � v o i�I pj Town Hall, 53095 Main Road cp� 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 May 20, 1983 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 3137, application of Daysman Morris for a variance. Also included is Notice to Adjacent Property Owners, Letter relative to N.Y.S. Tidal Wetlands Land- Use Regulations, Short Environmental Assessment Form, Order to Remedy Violation from the Building Department . The Suffolk Times Road,Southold,New`York,;ori': No..1000139 O1-019. - STATE OF NEW YORK ) THURSDAY, JUNE 23, i63 8;20 p.m. Application of ) SS: commencing at 7:30 p.m. 4nd DOUG AND KARIN CON- ill as follows: _ :.. STANT, 555 Vage Lane, COUNTY OF SUFFOLK ) 7:30 p.m. Recessed Hear- Orient, NY for a Variance to ings: Appeals No. 3126 and the Zoning Ordinance,Article ;.3125. JACK LEVIN. Variance III, Section 100-31 for Karen Jean Rysko of Greenport, in for two-family. .`•dwelling permission to '--construct status. South Side of C.R. 4$, addition to dwelling with an said County, being duly sworn,says that be/she is Greenport.; : 'insufficient rearyard setback,': principal Clerk of THE SUFFOLK TIMES,a Weekly ;.'.7:•35 p.m. Application'of at 555 Village Lane; Orient, HANS H. RIEGER, 370•; :; NY; County Tax Map Parcel Newspaper, published at Greenport, in the Town Harbor Road,Orient,NY for a 'No. 1000-25-2-5:1. ;• ;.., of Southold, Countyof Suffolk and State of New Variance to 'the Zoning,. 8:25. p.m.- Application of, :Ordinance,Article III,Section ' ::,;.MRS. GRACE E:KENNEY," York, and that the Notice of which the annexed is 100-32 for permission ;-to:,r;;: .2020 East Gillette Drive,,East construct accessory garage in=:: sMarion, NY for a Variance to a printed copy, has been regularly published in the frontyard area at 370 the Zoning Ordinance, Article said Newspaper once each week for one Harbor-Road, Orient,•NY;' III, Sections 100 31 and 100-34 16th County Tax Map Parcel No ._ for permission to construct weeks successively, commencing on the 1000-027-04-006. , < \Laddition (two-car garage)' day of June: 19 ".7:40 p1m. Application of with variation to the previous �6^;B11UCE AND* PATRICIA ' ,'JaPPeal, No. 3067, in the front �STEWART, Schoolhouse _:and/or sideyard areas at 2020 IiELEN K.DE VOE Road, Cutchogue, NY for a East Gillette Drive, East ,'.Variance_ to•-.the Zoning Marion,NY; County Tax Map PUBLIC,State�f New York ' Article III S Parcel No.1000-038-03-020. 17273,Suffolk'Cunt p ci al Clerk Ordinance, Section Y 100-31 for permission to 8:35.p.m. Application of xpires March 30, 19L� p :.construct garage addition to. 5 .FRANK.MESSINA, Box 368, dwelling with an insufficient Ronkonkoma, NY_ .:for a 1 6th sideyard setback at 870 Variance to the Zoning Ordin- Sworn to before me this Schoolhouse Road,Cutchogue, .. ance, Article.III, Section 100- day of June 19 83 NY; Count Tax Ma Parcel 32 for permission,to construct No.1000-102-05-014 P :,• swimmmgpool ':r,m 'the %� /� `a front and area, at -435.5 �A/� F� 7:45 p.m. Application of P_aWunneweta Road, Cutchogue; :'PETER AND CALLIOPE PA- Nassau Point Filed Map; PANTONIOU, 55370 C.R. 48,: '.,': _,�9. Southold,NY for a Variance to _'_:;;;:::Lot 222;..County Tax Map Paarcel No. 1000 111-012-006 &. the,Zoning Ordinance, Article=: (William B.Smith,agent) .Section 100-32 ;;for: 8;45 p pp m. Application for to increase size of rmission DAYSMAN -MORRIS, - by .._existing garage which is ;J;Rudolph.Ii,Bruer;Esq.,Main located in the sideyard area, Road, ;Southold;= NY- for;a. at 55370 C.R.48,Southold,NY, ,;; `County Tax Map Parcel No Variance":.to . the Zoning 1000-052-03-026. 'Ordinance.'Article-VI,:Section p.m: Application`of r``:` rT00=60 (A)_& (B)`to store RICHARD'AND.DONNALEE materials in the.open area ` R CHARD ND Foxhollow.. upon this parcel, zoned B- of Road, Mattituck, NY for 2-6, Light Business. Location in Variance -to the Zoning =Property::::;:(405-. .._Kirwin Ordinance,Article III,Section. -CBoulevard,.Greenport, NY;.. 100-32 for permission to + ounty Tax•Map ParceI No. construct accessory building.:. 000 53 02 006 (horse barn) in the_frontyard 900 p.m. ecessed' Hearing; Appeal,No. 3099., area of premises known as 1060 Foxhollow. . Road, .'.Application for:DOROTHY' ':'Mattituck, NY; County Tax ;: :_:';RFISE/RIAL :REALTY Map Parcel No..1000-1137006- CORP.,By Rudolph H.Bruer Esq.; Main Road, Southold, 7:55 p.m. 'Application of ``�NY—garage and tennis court ..;'ALFRED J. TERP, 1435- Von vacant parcel. East Hyatt Hobart Road, Southold, NY .' .Road,Southold,NY. for a Variance to the Zoning ^'` 9:15 p.m, Application for : : '; ` Ordinance, Article ::III;'". -> IRENE .PAPADAKIS, by Sections 100-31 100-34, or ''j T Michael J. Hall_as-attorney, permission + to= construct 'N rFront Street, Greenport ,'NY bathroom addition to dwelling �-,for an Interpretation of:"skin i `leaving. an insufficient ',>-:care,,clinic", as. a_:'home sideyar •�d setback, at 1435 �_;.occupation under Article I, :,Hobart Road, Southold, NY; ' :Section 100-13, Definitions.. <::'County Tax Map Parcel;No...'' 'kLocation of.Propertyr?6165 Main Road,' Orient, ,NY, 1 g:0000-0p4p m�lApphcation Of County Tax Map Parcel No CUTCHOGUE -'FREE LI- °1000-018-03 23 •"" BRARY, : Main . Road, Dated June 10,1983 ?. Cutchogue, NY for a Special '' BY ORDER OF Exception to the Zoning HE SOUTHOLD TOWN BOARD OF APPEALS Ordinance, Article VII, 3;BY 'Section 100-70(B)[Il to estab- 'GERARI7P GOEHRINGER . _dish library use in the existing ,. CHAIRMAN building in this B-1 District,at `For further .information Main Road, Cutchogue, T NY; County Tax Map Parcel concerning the :;'above No.1000-102-05-022. hearings, .please :contact 8:10 p.m. Application of 'p� Linda Kowalski, Secretary of CUTCHOGUE FREE 'Ll:- 13KtheZonihgBoard of Appeals; BRARY, Main Road, Ii at765-1809(or 1802). Cutchogue,NY for a Variance ( 1TJ16 4276 :_ '-- e Zoning .Ordinance,/., LEGAL NOTICE NOTICE IS HEREBY 'GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public Hearings will be held by the Southold Town Board of Appeals at ,the Southold Town Hall, Main NOTICE IS HEREBY GIV- I COUNTY OF SUFFOLK EN,pursuant to Section 267 of STATE OF NEW YORK ss the Town Law and the Pro. visions of the Amended Code of the Town of Southold,'a w Regular Meeting and the *TJ following Public Hearings will Patricia Wood, being duly sworn, says that she is the be held by the Southold Town Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, Board of Appeals at the Southold Town Hall, Main a public newspaper printed at Southold, in Suffolk County; Road, Southold,New York,.on SDAY JUNE 23 1983 and that the notice of which the annexed is a printed copy, rnmmenctng at 7: P.M. an has been published in said Long Island Traveler-Watch- as follows: man once each week for ...........weeks -NW/35 Main Road ` / , Cutchogue, successively, commencing on the .................................... N.Y.; County Tax Map Parcel"- No. 1000-102-OS-022. , day .........G .................. 19..: 8:10 .. P.m. Application .of -CUTCHOGUE. FREE;;' .LI_ BRARY,. Main Road. ... .. ......... ;., Cut- chogue,N.Y.for a Variance to the Zoning Ordinance, Article I' M,Section 100-112(H)for per.. — 8:25 p.m. Application of MRS. GRACE E.. KENNEY, Swornto before me this 'j L 2020 East Gillette Drive, East •••••••••••••• day of Marion,N:Y.for a Variance to 4 19... 8� the Zoning Ordinance, Article III, Sections 100-31 and 100-34 for permission to construct. addition (two-car garage)with .'variation to the.previous ap- peal, No. 3067, in the front and/or sideyard areas at 2020 o ary Public East Gillette Drive, East Mar- ion, N.Y.; County Tax Map Parcel No 1000-038-03-p20,; 8:35 p.m.. Application o€} FRANK MESSINA,,Box 368, Ronkonkoma, N.Y. for a.Var= 2 r I fiance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct swim- mingpool. in the frontyard area, -at 4355 -Wunneweta Road, Cutchogue, N.Y.; Nas- sau Point-Filed MaP, Lot 222;.. County Tax Map Parcel No. 1000-111-012-006&007. (WU- liam B. Smith, agent). :45 p.m. Application for DAY,SMAN MORRIS, by Ru- dolph H. Bmer, Esq., Main Road, Southold, N•Y: for at Variance to the Zoning Ordin- ance Article VI,.Section 100- ,�Z r _ �" 3 '{ 60(A) &(B)to store materials in the open area upon this parcel, zoned B-Light Busi- ness.Location of Property:405 Kirwin Boulevard, Gr ep Parcel N.Y.; County P No. 1000-53-02-006:' 9:00 p.m. Recessed Hear- -"jug; Appeal No. 3099• Appli "' :cation for DOROTM REISE/ RIAL REALTY CORP-, By Rudolph H.Bruer,Esq•.Main. -.,-.Road, Southold, N.Y: garage,: :ate:;tict�t:le court on vacant a a y Ian �.at !#yatt `Nrr"A , 6y'htt� I "'t,a mq,Front .!yttitlpacl'NY:for tati an.'Gn' k skin care as'd h occupation �� ' ome occu P , ade1;F Article;•I, Section 100- 13 Definitions. Location..of. Property: 26165 Main":Road, Ottat,N.Y.;Cou City Tax Map Parcel'No. 1000-018-03 23 �;,: g Dated June 10, 1983 r zt° 7t3 l� BY ORDER OF THE n SOUTHOLD TOWN BOARD OF gppEALS GERARD P.GOEHRINGER, { CHAIRMAN '` 1T=6/.16%83(30) r :;; BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of ; DAYSMAN MORRIS 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 intention of the undersigned to petition the Board of Appeals of the Town of Southold. to request a (Variance) (Special. Exception) (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: 405 Kerwin Blvd. , Greenper t, N.Y. Suffolk County Tax Map No. :. 1000-53-2-6 3. That the property which is the subject of such Petition is located.in the following.zoning district: "B" — Light Business 4. That by such Petition, the undersigned will request the following relief: a variance to the Zoning Ordinance permitting the storage of cesspool rings, covers and cone tops on the subject premises. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under: signed are Article VI Section 100-60 A & 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. Dated: Petitioner Rudolph H. Bruer, •Attorney. for Petitioner Post Office Address Main Road, P.O. Box 1047 Southold, N.Y. 11971 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Stephanie M. Waldron 2 Second Street ` Scottsville, N.Y. 14546 Mr. & Mrs. Harry Breese 219 Broad Street - Greenport, New York 11944 Randolph Cowan 605 Third Avenue New York, New York 10158 M.T.A. LIRR 1700 Broadway New York, N.Y. 10019 STATE OF NEW YORK ) COUNTY OF SUFFOLK) ss.: Mary Diana. Foster residing at (No number) McCann Lane, ar6e`nport, N_Y_` , being duly'sworn, deposes and says that on the day of May , 19 83 , deponent mailed a true copy of the Notice set forth"on the re- ' verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice-at Southold, N.Y. ;that said Notices were mailed to each of said persons by (certified)`(XjgU=Vd) mail..' Mary Vana Foster Sworn to before me this day of May 19 83 �tl�f�SL Notary Public SUZANNE GILDRIDE NGTARY PUBLIC,State of New York No.4502666,Sul 0 County. Term Expires March 30,19 L5 `f. - 5//�/83 (Today ' s Date) To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re : Appeal Application of Daysman Morris Location of Property: 405 Kerwin Blvd. , Greenport, N.Y. Suff. Co. Tax Map: 1000-53-2-6 Dear Sirs : In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject . property in the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length. * ( ] May be "'located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs , and approximately feet in length. ( ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in .length. ( ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. - [ X ] Is not located within 300 feet of tidal wetlands to the best of my knowledge. * (Starred items ' (*) indicate your property does not appear to fall within the jurisdiction of the N .Y.S . D.E.C. ] Si er ly yours natur please) R d 1ph H. Bruer, attorney for App61lant, Daysman Morris �fd SFiO;;'f IVIROi;!.;Fi; It;L ASSESSH-1I JNSTRUCTIOP1S o In order to answer the questions in this short EAT it is assumed diet the preparer will use currently ovai..lable information concerning the project and the likely impacts 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 co.m{�leted Environmental Assessment Form is necessary . (c ) If all questions have been answered No it is likely that this project is not 5i9'n5f`icant :" (d) Environmental Assessment .1. . V/i 1` project result in a large physical change to the project site or physically alter more than 10 acres of -land? . . . Yes X ..No 2 . Will there 'be a major change to any unique or ~- -unusual land form found on the site? . . . . . . . . . . Yes X No 3 . Will project alter or hove a large effect* on existing body of water? . . . . . . . Yes X No 4.. Will project have a potentially large impact on ground rater quality? - . . . . . . ... Yes X ' No 5 . Will project significantly .-effect drainage _ . . flog on _adjacent sites? ..::. . . : . .. . . . - Yes X No 6 . Will project affect any threatened or endangered plant or animal species? . . . . . . . Yes X No . ` 7 . Will project result in /a major adverse effec t on air quality? . . . . . . . . . . Yes X No " S . Will project have a major effect on visual character of the community or scenic views or. vistas known to : be important to the community? ' Yes X No 9 . Will project. adversely impact any site or st.r"ucture of historic, prehistoric or paleontological importance or any site designated as a critical environmental area bya- local agency,? . . . . . . . . . . . . .: . . . . . . . . . Yes X No 10 . �'lill ..project have a major effect on existing . • or future recreational opportunities? . *. . . . . . . . Yes X No ll . Wi11 project result in major traffic problems or ca„us.e a major effect to existing transportation systems? . . . . . . .. . . . . . . Yes X No 12 . Will pr,bject regularly cause objectionable odors, ..;noise,' glare, vibration, or electrical . ---- disturban,ce as. a result of the pr. oject ' s a peraii"o'n • ? . . Yes X : No 13 . L'lill ' project . have any impact on public hea lt h . or .safety? . • • . • Yes X No lfr . vill proj'ectaffecttheexistingcommunityb ' diiectly' causing a grot•rth in permanent populotian of more than 5-percent over a one year period or have. a mojor . negative effect � . on the character of the community or ncighbor.hood? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes X No 15 . . Is there public controversy concerning the project? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes X No RREPARER ' S SI GNAT URC REPPESENTI•NG Daysman Morris DATE 5//9/83 7. R A r'