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HomeMy WebLinkAbout2269 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2269 Dated April 19, 1977 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Frank Vanecek c/o Frederick Tedeschi, Esq. 403 Main Street Greenport, NY 11944 Appellant at a meeting of the Zoning Board of Appeals on May 12, was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property (X) Bequest for a special exception under the Zoning Ordinance ( ) Bequest for a variance to the Zoning Ordinance ( ) 19 7 7 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was detemined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 10:15 P.M. (E.D.S.T.) upon application of Frank Vanecek, c/o Frederick J. Tedeschi, Esq., 403 Main Street, Greenport, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 B (9) for permission to amend marina permit to include the sale of gasoline. Location of property: East side Narrow River Road, Orient, New York, bounded on the north by Hughes & others; east by Hallock Bay; south by Plain Land Realty; west by Narrow River Road. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because SEE REVERSE difficulties or unnecessary (b) The hardship created (is) (is not) umque and (would) (would not) be shared by ail properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because SEE REVERSE (would not) and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. -~--~/~'~ //7 0 ~ ZONING BOARD OF APPEALS FORM ZB4 ~~ ) be denied and After investigation and inspection, the Board finds that the applicant requests permission to amend marina permit to include the sale of gasoline, east side Narrow River Road, Orient, New York. The findings of the Board are that the original reasoning of the Board should be upheld. This reasoning is ably supported by addi- tional testimony taken at this public hearing. The Board feels that, if this application were granted, it would further open the doors to a business use in what is primarily a residential area. The proper action for the applicant to take is to apply to the Town Board for a change of zone for a commercial marina. The amounts that the applicant may take in from the sale of gasoline, soft drinks, ice and bait is fairly negligible when compared to the damage that might occur to the environment. The Board finds that the public convenience and welfare and justice will not be served and the legally established or permitted use of neighborhood property and adjoining use districts will be permanently or substantially injured and the spirit of the Ordinance will not be observed. THEREFORE IT WAS RESOLVED, Frank Vanecek, Narrow River Marina, Orient, New York, be DENIED permission to amend marina permit to include the sale of gasoline, east side Narrow River Road, Orient, New York. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. AND FILED BY SOUiiiOLD ........... ,~,.~ CLERK DATEg-3- 77 HOUR//.'DO,~.,~ T6wn Clerk, Town o~ Southolcl ~ ' LEGAL NOTICE Notice of Hearings Parsuan~,to Section 267 of the Town Law~ ~visieas of the Amell]~l~l.~ffiing Zone Ordinancd~o/'~ TO~ of Southold,~/ew ~ public hearings_~ [~by the Zoning ~ ~ ~ at the Town ~; ~ Road, appeals: :~ ~ 7:30P.M~ (E;I) D--Decision upon applicati~ {~licholas W. Ippolito .for avs /}{~e to divide' property with ~ buildings, south side North Road (CR27), Southold, New York.. 7:45 P.M. (E.D,$.T.)--Decision anon aoolication of Soe~cer W. Petty, III,. for a variance to divide property, west side Track Avonue, Cutchngue, New York. 8:00 P,~/, (E.D.S.T.) upon applicati4~ of Dr. Newton Fa,,Ikner/~i~au POint Road, Cutchngue, New York for a variance in acc~dance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in lrout yard area. Location of property: Nassau Point Read and Vanston Road, Cutchngue, New York; Lot No. 177 and No. 178, Nassau Point Properties. 8:10 P.M. (E.D.S.T.) upon application of Paul and Margaret Kayser, 1206 Main Street, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article IH, Section 1~0-30 and 100-31 B for permission to convert existing building into two-family dwelling. Location of property: East side Main Street, Green- pert, New York, bounded on the north by Grand Union Co.; cast by A. Bonkoski; south by DeRubio & others; west by Main Street. 8:20 P.M. (E.D.S.T.)upon application of Frank & Vora Scott, West View Drive, Mat- tituck, New York (Abigail Wickham, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: Northwest side of West View Drive, Mat- tittuck, New York, bounded on the north by Anchorage; cast by Woodcliff Drive; south by West View Drive and A. Boscomb; west by Mattitock Creek. 8:30 P.M. (E.D.S.T.) upon application of Robert & Vh'ginia Kroepel, 2360 Oaklawn Avenue, Southold, New York for a variance in acc~dance with the, Zoning Ordinance, Article III, Section 100-35 tor permission to construct tennis court with fence exceeding maximum height. Location of property: West side Oaklawn Avenue, Scuthold, New York, bounded on tho north by Southold School District and L. Baker; cast by J. Graves; south by Jockey Creek Drive; west by H. Arm. 9:40 P.M. (E.D.S.T.) upon application of William B. Smith a-c- R..V. Gehlmeyer, 220 Mechanic Street, Sonthold, New York for a special exception in accordance with the Zoning Ordinance, Article VI, Section 100-60 C (b) for permission to place side wall sign on existing building. Location of property: South side Middle Road (CR 27), Southold, New York, hounded on the north by CR27; .cas1 by Barzac, south by Bucci; west by Klein. 8:50 P.M. (E.D.S.T.) upon application of Dominic J. Catalano, 28 Joval Court, Brooklyn, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 & Bulk Schedule for permission to divide property with insufficient width and area. Location of property: Bay View Avenue and North Drive, Mat- tituck, New York; Lots 19 through 22 ~, Shore Acres. ' 9:00 P.M. (E.D.S.T.) upon application of Elizabeth Yaro. P.O. Box 1221, Minnehaha Boulevard, Scuthold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: Mienehaha Boulevard, Sonthold, New York, bounded on the north by Min- nehaha Boulevard; east by Laughing Water P~'operty Owners A~ssociation; south by Corey Creek; west by G. Moyle. 9:10 P.M. (E.D.S.T.) upon application of Constantine Vloutely, 605 Maple Lane, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct tower exceeding maximum height. Location of property: Maple Lane, Mat- tituck, New York, bounded on the north by Peconic Homes Sub- division; east by R. Brooks; south by Maple Lane; west by 9:20 P.M. (E.D.S.T.) upon application of Leslie Hart, Hart Hardware, Inc, Main Road, Southold, New York for a variance in accordance with the Zoning ordinance, Article III, Section 100-~0 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: Main Road and Jockey Creek Drive, Southold, New York, bounded on the north by jockeyCreek Drive; cast by Ellis Terry; south by Jockey Creek and Ulrich; west by Main Rcad. 9:30 P.M. (E.D.S.T.) upon application of Henry Stelzer & wife, Main Road, Pecodic, New York for a variance in ac- cordance with the Zoning Or- dinaare, Article HI, Section 100- 30 and Bulk Schedule for per- mission to set off lot with in- sufficient width and area. Location of property: North side Main Rcad, Peconic, New York, bounded on the north by A. Stelzer and M. R~rris;_ cast by Pilles; south by Main Road; west by F. Stelzer. 9:40 P.M. (E.D.S.T.) upon application of Joseph Van- dernoth, Osprey Nest Road, Grccnpert, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct ad- dition with insufficient side-yard setback. Location of property: Osprey Nest Road, Greonpert, New York; Lot No. 18, Cleaves Point Subdivision, Section 1. 9:50 P.M. (E.D.S.T.) upon application of R~lph W. Ellwond, Oyster Ponds Lane and Main Road, Orient, New York for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-60 for permission to construct dwelling unit on business building. Location of property: Main Road, Orient, New York, bounded on the north by Main Rcad; east by Oyster Ponds Lane; south by L. Zar- zeski; west by G. Moon. 10:00 P.M. (E.D.S.T.) upon application of Isaac Edwards, Main Rcad, Orient, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 for permission to construct fence exceeding .maximum height. Location of property: East side Rocky Point Road, East Marion, New York, bounded on the north by Yanas; east by Howell; south by Muir; west by Rocky Point Road. 10:15 P.M. (E.D.S.T.) upon~ application of Frank Vanecek, c- o Frederick J. Tedeschi, Esq., 403 Main Street, Greonport, New York for a special exceptien in accordance with the Zoning Ordinance, Article III, Section 100-30 B (9) for permission to amend marion permit to include the sale of gasoline. Location of property: East side of Narrow River Rcad, Orient, New York, bounded on the north by Hughes & others; east by Hallock Bay: south by Plain Land Realty; wes: by Narrow River Road. ~ Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: April 29, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TM5--2696 ... being duly Sworn. isher of the SUFFOLK .d ~t Greenport. in said ,~e annexed is u printed Suffolk Weekly Times ~ (1) fifth ,Iy commencing on the ..... ii. ...................... before me this ..... ~., .... I ..... · . . 771 ........ NOTA;IY PUBLIC, ~la~e of New Y~ Hesi~ng in Su/fo~ C~ No. ~-~6~5 ~ ~. With insufficient width and area. Location of property: Mai'~ Road and Jockey Creek Drive, South- old. New York, bounded on the north by Jockey Creek Drive; east by Ellis Terry;'south by Jockey Creek and Ulrich; west by Main Road. 9:30 P.M. (E.D.S.T.) upon application of Henry Stelzer & wife. Main Road, Peconic, New York for a variance in accordance with the Zoning Ordinance. Art- icle Ill. Section 100-,~0 and Bulk Schedule for permission to set off lot with insufficient width and area. Location of property: North side Main Road, Pecenic, New York. bounded on the north by A. Stelzer and M. Harris; east by Pilles; south by Main Road; west by F. Stelzer. 9:40 P.M. (E.D.S.T.) upon application of Joseph Vender- hath. Osprey Nest Road. Green- port. New York for a variance in , accordance with thc Zoning Ordi* nancc, Article Ill, Section 100.30 and Bulk Schedule for permission J to construct addition with insuf- ficient side-yard setback. Loca- tion of property: Osprey Nest Road, Greenport, New York; Lot #18, Cleaves Point Subdivision, Section 1. 9:50 P.M. (E,D.S.T.) upon application of Ralph W. Ellwood, Oyster Ponds Lane and Main Road, Orient, New York for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-60 for permission to construct dwelling unit on busi- ness building. Location of proper- ty: Main Road, Orient, New York, bounded on the north by Main Road; east by Oyster Ponds Lane; south by L. Zarzeskl; west by G. Moon. 10:00 P.M. (E.D.S.T.) upon application of Isaac Edwards, Main Road, Orient, New York for a variance in accordance with the Zoning Ordinance, Article 111, Section 100-3S for permission to construct fence exceeding max- imum height. Location of proper- ty: East side Rocky Point Road, East Marion, New York, bounded on the north by Yanas; east by by Muir; west by nt Road. '.M. (E.D.S.T.) upon of Frank Vanecek, c/o J. Tedeschi, Esq., 403 Main Street, Greenport, New York for a special exception in accordance with the Zoning Ordi- nance, Article Ill, Section 100-30 B (9) for permission to amend marina permit to include the sale of gasoline. Location of property: East side Narrow River Road, Orient. New York. bounded on the north by Hughes & others; east by Halleck Bay; south by Plain Land Realty; west by Nar- row River Road. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: April 29. 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS IT-5/S COUNTY OF SUFFOLK t ss: STATE OF NEW YORK I Sherley KarT, being duly sworn, soys that she is on Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at $outho!d, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long !slond Traveler-Watch- man once each week for ............ / .......................... weeks successively, commencing on the ...... .~ ............................... ................ ~Z:~ ........ ;..: ...... : ......................................... Sworn to before me this ......... .~.. ........... day or ...... ............... ............... .................................. Notary Public ETHEL PALLADINa NOTARY PUBLIC, State of New York No 52-4628953 Qualified in SuffoJk County Commis_~]cr, ~xpkes March 30 1978 Legal Notice -4- Hearings: May 12 , 1977 building. Location of property: Main Road, Orient, New York, bounded on the north by Main Road; east by Oyster Ponds Lane; south by L. Zarzeski; west by G. Moon. 10 : 00 P .M. (E.D .S .T. ) upon application of Isaac Edwards, Main Road, Orient, New York for a variance in accordance with the Zoning Ordinance, Article III , Section 100-35 for permission to construct fence exceeding maximum height. Location of prop- erty: East side Rocky Point Road, East Marion, New York, bounded on the north by Yanas; east by Howell; south by Muir; west by Rocky Point Road. 10 :15 P .M. (E.D.S .T. ) upon application of Frank Vanecek, c/o Frederick J. Tedeschi, Esq. , 403 Main Street, Greenport, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 B (9) for permission to amend marina permit to include the sale of gasoline. Location of property: East side Narrow River Road , Orient, New York, bounded on the north by Hughes & others; east by Hallock Bay; south by Plain Land Realty; west by'Narrow River Road. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: April 29, 1977 BY ORDER OF THE SOUTHOLD TOWN- BOARD OF APPEALS PLEASE PUBLISH ONCE, MAY 5 , 1977 , AND FORWARD SIXTEEN (16) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS , MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on April 29, 1'977 : Dr. Newton Faulkner Paul and Margaret Kayser Frank and Vera Scott c/o Abigail Wickham, Esq. Robert and Virginia Kroepel William B. Smith a/c Gehlmeyer Dominic J. Catalano Elizabeth A. Yaro Joseph Vandernoth Constantine Vloutely Ralph W. Ellwood Leslie Hart Isaac Edwards Henry Stelzer and wife Frank Vanecek c/o F. Tedeschi FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL FileNo. ................................................................ .Date ....................f .. ............ ............ 19... To ... ................ . ... ..... ................. 'T .............. ................ ....... ...................................... PLEASE TAKE MOTICE that your application dated ......................./. ......... ................ 19........ for pprmi t to ........................................at the premises located at ....... ...................... ..................................................................... Street Map ...................................... Block ....... . .............................. Lot ................................................ is r -I J disapproved on the following grounds ...returne r1k——----- . ................. ..................................... ................................................................................ ................................................................................ ................ .......... . ....... ........ ....................................................... ell ............... Inspector TOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION APPLICATION NO. oG 0C 0/9 DATE .�/9(.." 7 TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. Y. I, ( ...........F.BANK....V.ANEGEK...................................of ..,jqIo...F'.rPd x;Lr ....J.,....T.ede.s.Ghi+...,A�t.torney Name Street and Number 403 Plain Street, Greenport, .................................................................................................... ..........................ork......11944 o...... ............................................................ Municipality State hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE ARTICLE III SECTION 100—30 (B) (9)and to amend appeals SUBSECTION Numbered 1424 and 1732. THE SPECIAL EXCEPTION IS REQUESTED BECAUSE Applicant alleges that the approval of said exception would be in harmony with the intent and purpose of the zoning ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: (a) Gasoline and oil are now brought to the premises by the individual boat owners who then pour same into their vessels oftimes spillage occurs into the boat and the water creating a hazard. This is also a gross in- convenience to the boat owners. If gasoline and oil were dispensed by the applicant under control- led conditions i.e. - a central gasoline tank of approvad quality and construction and proper dispensing hoses and nozzles the fire and safety hazards would be eliminated and the safety and general welfare and con- venience of the public aided and safeguarded. (b) The sale of soft drinks, ice and bait has been requested time and again by the users of this marina who find it grossly inconvenient, burdensome and onerous to cart in soft drinks, ice and bait. (c) It would be in harmony with and consistent with the natural uses and purposes of this marina and other marinas in the Township. STATE OF NEW YORK ) `o ss ' ... ........ .............................. COUNTY OF $UFFQL Signature Frank Vanecek , Swor .......... dY Apxil.... , is 7.7 ... ................. .;;J,. N ry Public FREDERICK J. TEDESCHI NOTARY PUBLIC, State of New York No. 52-3945400 Qualified in Suffolk County C=rnission Expires March 30. I= �7 '7 j FORM ZB2 Suffolk County Department of -Planning H. Lee Dennison Executive Office Building Veterans Mk?;rorial Higlixday Hauppauge; New York 11787 r Town of Southold Board of Appeals ;' May 25, 1977 r Petitioner: Frank Vanecek Mun. File No. : 2269 S.C.P.D. File No. :. SD-77-6 Gentlemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above captioned application which has been referred ' to the Suffolk County Planning Com_^+.i,sion is considered to be a matter for local determination. The decision of local determination should not be construed as either an approval or a disapproval. Comments: With the understanding that a central gasoline tank and pump of approved quality and construction, and proper dispensing hoses and nozzles will be provided for the sale of gasoline only to.the owners and operators of boats launched or moored at the marina and that no additional accessory marina functions will be permitted.. Very truly Lee E. Koppelman Director of Planning by V CL— GGN:fp TOWN CLERK 765-3783 O��FFQ�CO Building Dept. lj Planning Bd. } 765-2660 Board of Appeals ) Ln Town Of Southold TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-13, Sections 239-1 and m, the ....Board-of..Appeals......... of the town of Southold, N. Y. hereby refers the following (agency involved) proposed zoning action to the Suffolk County Planning Commission: (check one) ........I... New and recodified zoning ordinance Frank Vanecek Amendment to the zoning ordinance c/o Frederick J. Tedeschi, Esq.403 Main Street ............ Zoning changes Greenport, NY 11944 .....x.... Special permits ............ Variances Location of affected land: ....E,/.S...Narrow...River..R+Chad,...Orient.,...NY.................................... within 500 feet of: (check one or more) ............. Town, or village boundary line ............... State or county road, parkway or expressway ............ State or county park :or recreation area ............ Stream, or drainage channel owned by the county or for which the county has established channel. lines ............ State or county owned parcel on which a public building is situated XZ Shoreline Comments: The Board denied this appli.caition. The findings are that if the applicant wishes to do this, he should go to the Town Board for a change of zone and have it made into a commercial marina. Date: .....MaY...13.!.. 1.9 7 7 . ................. ................................................................................ (signed) Robert W. Gillispie, Jr._ Chairman' ................................................................................ Title Date received by Suffolk County Planning Commission ............................................................................ FileNo. ............:................... , srivt%"Old Ecord of Appeals scptember S. 1963 aait3tin any certain ti s� �e Supra Court i s rc:e�<_�d � 1te a decision t, jUji.li a certain nergb= of days in a zoning netfrer and t? .re is a lot to be said for your side, but accordin j to Mr, Tanker it can either be c1o€erred or died without prejudice tO Mr. Xing. g � ? cormayii-Ag that kiforrtatfon to the rest of tim ;c rd'arnd they can leave thO r00::3 an I -ego r, .ecutIve 808;jor. to ma e a decizicxn. 1 nave agreed to this ali:�y Myself from voulmg On this. record to sha-4 that tl.e authority upon rlich y:?u are basing Yrar coslclus'm cmie from i'€sbert 'maker'-'*W-1)0 is the ate.P-b�°0t%, c:r- 9� V!-se j;�l�$Y�t��€ in a.:2zi s ae�ci n questioning ttae titer to t1ke property. i.nfo=ed me tl� st tam .c t,ard Might poss,lbly race a decasiGn in Mr— r�;ng's favor .mcluding any, land tszt is mn r litigation. ma. mc�wxmIt r ve'n if t�my gTanted tI4 entire applications if the court divcatk3 fix. Tying of his t3tIO to the eP.0perty lie will also iorn titie to tie permit.. ne will be ejected from th,0 Cpropert'l. � tr, ka 3: t���, .t,3,, �'4g]�.9,,onIs,, . Do 'n, and ¢2� cast into F::�_ecutwe seesIion. ) HR. !WUS : i to re anyom present tc110 Wi6hos to spec, in opposi+:.i cri to tl-4is marina? (t `Oere was no response. ) r ter- f vesti:ation- and- ills cti.on ttae rsoardi finds trsat at present tiki,9 facility consists Of a rr:oorcd barqe, a considerable f,;D,o%age of piling, an area has been filled tj-,er L-y extendling vne land arca, under WF-liar ti..on, a simil bui.ding, ar4�.rp iar lam-nCIfisac�, ar`call boats, in additions to vari.oL;s .spills and atakes n€:ces:3ary to t'rre op-eration of a t�sinm, : a e area uzar�ar �p�licatSan is d sc-ri>cd in a tza'e:a•l er 04 1962 location mo for L-&C-i n ,. Fimj at orient, Nov, York l=par€.;i by OttO . Van 'IVYI � �©n, licensed carve-^ors. of Greenport, Ne7w 04-I . C r' sout:.aold Fora=n. Lsoard of Appoals -3- 5, 29G3 originally Mx. Y inq �applied for a chenQe of zono to the Tvmi n and can August 28, 19620 hcvaev r. this application for a clonge of zone was danied. At varloLLs times t;lie applicant 11'=nd himself in violation of Cne procures and pal,rrnits of t Ae To;m ars:ste0s, however it is our a n&_-rstanding that t°ero are. no violations at the present time. considerable, sum Of Wney has been expended by the applicant in Cannecti.on with this project. Our understanding I.P that this figure currently is in t,Ic nei.g3 borliood of $32.000. o2.9 several occas:ono a this ute arose cr.z.c.cf:13;Ln'q; the easterly bo=jdary of tkxea 3 r rty under application, t'ai18 of Which MAY 3:� found in the minutes of &qay 23, 1963, and duly 25, 1963. The card of tippezla uelayc-a ti e-er 4��cisio.I on t^?ii.s application in the hops t ounc ary lino could esta:blishcd on :ue easterly air of ule pMLerty elth r by cauprom se or Imeed"on the efforts of several individuals to discover Vie cor-MCC e aSterly lie 3xtwecn the pxopo. ty nal of €Ciri r forr"e:rly of aailoek, and the yxoperty of C,eoriaa rdiviards Estate and/or George Edwards Estate, F.' rard Vchmrds F,state and uatrhaniel Edwards Vstatc'. Trustees Core the t s..ate of c,eorge Edwards objected to the lime a-Z eete,L-lisiaea mj t:-ce east by C. tom-;e tan Fi•u.y2 location man, referred to earlier in this decision. C'oi. sidere);!1c, cvi.dence .vacs coffered by f€.ve subpow4naed witnesses on ti�� . > iji-,t of jcly 23. 1 3, 3aca ever the+ Boacrd w'as un�. to de eratina fray t'tt evidence exactly where tho easterly line P.ccordingly in view oaf the fact tint most: of Cage facilities oy t-tis macrina are to t"ae eat of the disputed ar�eaj +hand yatn ��t^e+he Uka�ing Ofcas�,q:ns'el for Mr. A ing,, qqin view w o he {���.1�,,9%� 'N'r�ls6:i�P Cie IR-0ci�a�i d 49:lt that.p , Est i,�.esciw�.�'.rd.�. n ;,,,- 'i.I S �.A .�i �'�l.A . ,lt Ki �.�L 'J �S {..'a �i� �"..K+ .tom. r A'1r f•Lir the from t-his m4rina) di€qualificd h1srself fro:. vOt.i.t. '�i�c� otZ�c r lour rr gi? errs of Beier& unanirno-osly voted to grarat t?;is appli- cation for a ru:rime; in a re zidential aroa. The apa l..cant, DI . i-itzc" is the Cr4nC'r of 21 its according to testita:;rty imat at tihe heal-ing. Many neighbors and sL?*a'.ner visi.tcrs have mooed and &K:kee their pleasure rats in C" e mrina e:Ytixc.!3y Ezee of cfaargo up to t:ks ti :C. "ono r°oar4 finds that t �exe jr, a real need dor C."s facility an trot t?.e e3.&xaCter of t;r,e raci�; � ,or Fc�.� will not be sub.-,j-antiaJI-%? ctia.nged .by this facility W . ic,i i.s 't o Yaa conducted as a non-cc�dX4:'z',. xciaal a rina. rEt3�c'.�,'G' � r.o c°t:J ction at any WE V: a bearin, s to the marina as such, OLJec:tiOnt s cf t .e T":t:stees of the C—cor e 2:ctwards L-state centered pri,rily On t3-xe matter of as easterly Looundary dispute. - South6ld "amn -,:�Oaxd Of -i-,qp.0cals 3 c-oard Unds V'114t the pu�:,Iic conven-iience- =4 'welftre and - mr jua-l-Aco wi,11 b-cL Bert"feel and t:he le,,�Zlly or ric aittc vac mr, Pro-perty 4-nd C.qdjoinin,�- use custrict's will riot p&m-aanently or substzritially injumea and t-he Spirit of t-ho O-Vaiz�ance will be on Mr*' z'Sujsc, e-ecmemd by Mr. Berk �3cnn- , wau blat; bo tz�;rznte-d a ar-pe-cJ2A exception to a ventur-e S-,) --rl. residential -,ditlons.- i.,"ith the full Cis t:!-,C- pt l ccrn"w r id:3ll V / rbena. o a . i prez�-ziscs, ho%%--ver Ln -=1*-fUtutc.--, rz k-USLnese thO v-<)Z,.Zd is Of Vle opin.'Lon tl�a-t V--Uu (.b.44.sh zrosc-L,-Io futv� C, activities. wbl ; are iv.-Stalled prirw-!'rily Lox tbAo c<;jjve-.jjcrce ot joc"m :cesidf.-nnts- rat-D.er -, ar 1-154 " for the vx0!,:it' 0:e Owner. cuostianm "-Visinq cosccnrnin..-4 ji1terprotation of --------------- anting V-te a c•: COLi--'-'-, action to dc!tcrmino mmernh-41-1 of part of prorxcrty �i.',Ach je, t)-t-C4 r atjo-� .1 tj- -.-1cm .. :,. s Of tl,,C-. appj- at , tp,-:�i-mizz mte. d.I- at c'n 2-Y to wh.jc*!i is. detcr.m:Lnec, 1;v C"otarIC etc th 110te 01": thc It-oaLmd.- I_%"0 1 S n, vuld :"".TM`. dic-qualific"a from Zn-U,,w, Neck La.vxv-, Peconric, kie-.W ','Otv; rlc..-,rd ot Appm. IS rc-liative to a r. ,Xoposed a- cat,lo�,j for. a vaziance to tj1c '2crjjrr, 0rCj2_na-,.jCC U-,-4LI - 4:'11-ti, - T-1, • . , or - -.::Io -.L 3(),0, *Wbacc,"l-ion 7 for to vmL)lUal-ro ail �c,ccnssory in Vac, fzont and siQ^0- yz=d. T)US -s In tl'-�G exc-cl.--ed and the 7Ruil4+i.in-�f 1-VsQv"Ct= isn-ue'd a t1le -c-'ard. z4vised that- it Is tliiia amAicat-14C.-I would he V'ranted a Xro,0- 10 c.-duended, I NORTH FORK ENVIRONMENTAL COUNCIL, INC. N �e��NBox 311, Sou+hold, New York 11971 C May 12, 1977 Town of Southold Zoning Board of Appeals Town Hall Main Road Southold, L. I . New York - 11971 Gentlemen: In reviewing this Application we find that on September 5, 1963, Application # 565; April 60 1965, Application # 68; May 6, 1971 Application # 1424; and the Application of March 8, 1973 the future activities for this Marina were limited, as set forth by this Board very clearly, We further find no changes in the existing conditions from then until the present, We feel that; 1® The fragile ecosystem in Narrow River and Hallock's Bay will not tolerate additional gasoline discharges, either directly or through seepage, 20 Further use by boats would endanger the marsh, wetlands, and marine life. 3. A permit for a gasoline dispensing pump being approved would encourage an influx of additional boats from other areas. 4• It would also increase both car and boat traffic on the Southold Town boat ramp, which is going to be limited by the Trustees of Southold Town as it is already overcrowded , 5• It would tend to encourage the proposal for dredging in the Pete Neck area, which we totally oppose. 6. The existing sanitary facilities provided by this Marina would be taxed heavily, as they Town of Southold Zoning Board of Appeals T own Ha 11 Main Road Southold, L. I. New York w 11971 Page 2 were set up to limited use of approximately a four month period, daylight hours onlys -and will not be capable of handling added use , We therefore urge you to deny this present application. Sincerely,, NORTH FORK ENVIRONMENTAL COUNCIL, INC. 9: Merlon E. Wigg President MEW/iw I . North Fork Audubon Society .- ~- a chapter of National Audubon Society BOX 973 • MATT I T U C K, L.I., N.Y. 11952 May 12, 1977 Zoning Board of Appeals Town Hall Southold, N. Y. Mr. Chairman and Members of -the Board: our 400-member organization would like this letter read into the record on the renewed Vanacek appeal to sell gasoline at their Narrow River Road marina. You have turned this appeal down three times in the recent past for good and sufficient reasons. These reasons have included: 1) Hallock's Creek, on which the marina is located, is one of the few natural. creeks remaining on the North Fork, and surely the only one between Orient and New Suffolk. Not having been reamed by the dredge, it is still the home of rich marine plant and animal life (including a great quantity of scallops) , a biota now seldom found in such profusion. 2) Mr. Vanacek must have known when he bought the marina that the character of the creek would oblige jiim to preserve it. This means that his operation must essentially accommodate what it has accommodated since Parr. Ding first opened it shoal-draft boats, which are, in fact, mostly sailboats. 3) There has already been enough bad environmental faith displayed, wittingly or not, when the present owners obtained a Town building permit "to expand an existing structure" and turned a small outbuilding of about 72 square feet into perhaps a 2000-iquare foot .home _o with its effluents bound to drain into the creek itself. 4) Selling gasoline from the marina would not only further pollute the creek with consequent petroleum spills and motor leakages, but be a step on ,-the way toward having to dredge even this remaining gem of an estuary so as to accommodate inevitably larger gasoline-powered boats. 5) As two new and additional reasons against the request, we cite the coming national policy of energy conservation, which will inevitably point away from expanded gasoline distribution and usage. And we do not believe this is consonant with the State's wetlands perservation act, either, which is aimed more at enhancing than detracting from our productive marshlands. As a result, because none of the basic reasons for granting this appeal have changed, but at least two more have been added, it would surely seem to be in the best interests of the community to deny it once more. incerelyAL*S*�, 4AC4" Virginia Bennett Moore, Conservation Committee Memorandum from JoANNA AspmGm MAY 10 REII AMI 1.1f At ,1114upcle ilexo /s ant o,7`4i/a Z40 0 pAL IV rl�A zo, hrm Mlze- �M/s /-0 Alf wlz And If w Flow -If 0- awekrli oft, s O"Cl/ Male a-- 141 a/10 A JA� A4 ,07qee kj. O Z. Memorandum`from JOANNA ASPERGER 4 ,0 61 iva a0w P. I xewn it ve K11,14,el-IwA*I/I? Z., AR e mmmj A , wvz -•...�� mot' �M �►� 12 �=' 1r� ea.,c�+�� ", ' w�1.�4r Ark.: i � w•.c�¢r Sao VN ®.5 �. . moo. b,c rrpc SC- 5 o,+�•c bc,..e�" � � � �oo.� s t,.aoi r U c- 2- J �re-SSo b 1 C%-C.t.e- g � l w% Slr d•Sc7\,� • (pt V �,` O�r� O v�l' GQ CSC Q'^rXa� S� c �l�v� "�Cr Ov C • Of i S V •�S .�Owe- % t• T Vo e Oc�e,�ar fv� MAY 11 REC'D ml � � LA.— CL- ie� C17- a. o r5 cam f 0�ti �� MAY 11 REC'0 � = �- -Age q� v �ji,a�.�C�'v'-.`-.-✓Yv-� 'tom / c:�:+L L`L ...���� rL2,`7�-�-�-� �-✓-�. °��. r f , /� �.�:--L. (: /�•"/t'-t'-� %1.c_...-G-(�-c-'.r_.j- Gi�� �?lal''�/�,G�'";�cJ -L�=-�•_- _ �r'�-� �v,--� ��;j G/•r'��-cam i' ,/.�--�•�<-.-y /L f/'v L�..a�=� /lam �-C-"I/"�:o�-t.,L•� 'i'._�)+v+.--i�t-� / _. y---• _ /i%�.i '^fC./✓'�''Y�-% �-L'ZG�� "7""—Z.=r�C� � �r✓ L''-2� �t� C _ - el f 0, 63�X �$ l �2iL:rvT"j itU � //9�7 FREDERICK J. TEDESCHI ATTORNEY AT LAW 403 MAIN STREET GREENPORT. NEW YORK 11944 TELEPHONE 516-477-2048 May 10, 1977 Mr. Robert W. Gillispie, Jr. Chairman Zoning Board of Appeals Town of Southold c/o Town Clerk Main Road Southold, New York 11971 Re: Application of Frank Vanecek Public Hearing on May 12, 1977 Dear Mr. Gill• spie: I enclose herewith in support of the above-captioned ap- plication the following: 1. My Memorandum in Support of the instant application. Five copies o: same are enclosed being one for each Board member. 2. Two (2) sets of petitions totalling 104 signatures signed by residents, neighbors, owners of real property and boat owners. One set contains 68 signatures and the other set contains 36 signatures. Thank you for your consideration. Very truly yours, Frederick Tedeschi Attorney for applicant, Frank Vanecek FJT/a Enclosures P.S. Also enclosed is letter dated April 30, 1977 signed by Robert DeMaria and Ellen DeMaria in support of the Application. MEMORANDUM IN SUPPORT OF THE APPLICATION OF FRANK VANECEK FOR A SPECIAL EXCEPTION IN ACCORDANCE WITH ARTICLE III , SECTION 100-30 (B) (9) AND TO AMEND APPEALS NUMBERED 1424 AND 1732. Point I �The permission sought herein is primarily or the convenience of locai rest ern s rather than for the pro it ot the owners. Under Appeal number 1424 this Zoning Board of Appeals stated: "-----in determining what constitutes a business activity the Board is of• the opinion that this condition should be interpreted to distinguish possible future activities which are installed pri- marily for the convenience of local residents rather than for the profit of the owner." Submitted herewith are a minimum of 104 signatures of local residents, neighbors and owners of real property in the area and neighborhood of the applicant' s Marina (68) and owners of pleasure bo,tts (36) who use the facilities of the applicant' s Marina. I would like to point out that several of the persons who signed-' in favor of the applicant this time were among those who were against it in Appeal 1732 in the year 1973. It is respectfully submitted that the convenience of these persons will best be served by granting the applicant' s application as requested for the convenience of the persons who signed their approval and request for same. The permission requested herein while of a commercial and/or business nature is not truly a commercial and/or business activity in the full sense of those words. Commercial has to do with: "made or done or operating primarily for profit, designed to have a wide popular appeal. " ZWebster' s New World Dictionary - ; World Pu is ing Co. Both commerce and business generally implk, ; activity on a scale large enough to make a profit. The operation contemplated by this application may produce a small profit in the very long run but certainly is not designed w to have a wide popular appeal. The potential number of customers is limited to 75 the maximum number of pleasure boats permitted. Accordingly, it is respectfully submitted that the requested activities are to be installed primarily for the convenience of local residents rather than for the profit of the applicant as mandated in Appeal No. 1424. Point II To grant the approval herein would be in harmony; with the intent and purpose of the Zoning Ordinance and would not be detrimental to property or persons in the neighborhood. At the present Lime, it is a common practice for the in- dividual boat owners to bring gasoline and oil to the premises in cans and other vessels. It is then poured by the boat owners into the boat' s gas tank. Spillage occurs into the boat and water creating a fire hazard. This is certainly a gross inconvenience to all concerned. In addition, the minimal availability of soft drinks, ice and bait have been requested time and again by the users of this marina. It would not only be for their convenience but would make life a little easier for all concerned. Although, there is sufficient hardship shown here it should be pointed out that a Special Exception is not a variance and can be issued without proof of hardship. Reed v. Board of Standards and Appeals, 255 N.Y. 126, 174N.E.301. Point III To grant the approval herein would be in harmony with and consistent with the natural uses and purposes of this Marina and other marinas in the Town of Southold. It should be remembered that applicant seeks permission to sell gasoline, oil, soft drinks, bait and ice only to the owners and operators of the boats using the marina and not the 2 - C ' general public or passing vessels. Under no stretch of the imagination can this very limited permission and operation be a big profit producer for the ap- plicant. It is strictly a convenience situation primarily. It is respectfully submitted that the granting of this re- quested permission would be in the spirit of the Zoning Ordinance to promote the welfare and convenience of the residents of this Town by eliminating a burdensome, onerous and inconvenient re- sttiction on their boating pleasure. Accordingly, it is respectfully requested that this Board act favorably on the instant application. May 10, 1977 Respectfully submitted, Greenport, New York Frederick J. Tedeschi Attorney at Law 403 Main Street Greenport, New York 11944 (516) 477-2048 3 - ' t - ' TO THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, NEW YORK We, the undersigned residents, neighbors and owners of real property in the area and neighborhood of the marina located on the east side of Narrow River Road, Orient, New York, owned and operated by FRANK VANACEK do hereby signify our approval of his request for permission to sell gasoline, soft drinks, ofl,bait&ice, to the owners of the boats using the facility and we do hereby request the Zoning Board of Appeals to act favorably upon this Application. NAME ADDRESS OR PROPERTY 4Z 2 1 L(241- . Vr Aqw LLa-'-E Cr- 4 J r I , .a f, TO THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, NEW, YORK . We, the undersigned residents, neighbors and owners of real property in the area and neighborhood of the marina located on the east side of Narrow River Road,. Orient, New York, owned and operated by FRANK VANACEK do hereby signify our approval of his request for permission to sell gasoline, soft drinks oS btit&j=1 to the owners of the boats using the facility and we do hereby request the Zoning Board of Appeals to act favorably upon this Application. NAME ADDRESS OR PROPERTY 06o,-- / , l 441 ZZA) k)r) 6. 1 1 e ti; S A AI �vr � ��• � �C /mil, �i oo AWL? �� � a'. TO THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, NEW YORK We, the undersigned residents, neighbors and owners of real property in the area and neighborhood of the marina located on the east side of Narrow River Road, Orient, New York, owned and operated by FRANK VANACEK do hereby signify our approval of his request for permission to sell gasoline, soft drinks of baitOw. to the owners of the boats using the facility and we do hereby request the Zoning Board of Appeals to act favorably upon this Application.- NAME ADDRESS OR PROPERTY VO r 1 r 44 V �C �, , 'A"Itz) ��7P - 12! 2 i TO THE ZONING BOARD OF APPEALS OF THE TOUT OF SOUTHOLD, NEW YORK We, the undersigned residents, neighbors and owners of real property in the area and neighborhood of the marina located on the east side of Narrow River Road, Orient, New York, owned and operated by FRANK VANACEK do hereby signify our approval of his request for permission to sell gasoline, soft drinks, oi,"bait& ice to the owners of the boats using the facility and we do hereby request the Zoning Board of Appeals to act favorably upon this Application. NAME ADDRES`' OR PROPERTY - r TO THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, NEW YORK RE: APPLICATION OF FRANK VANECEK f We, the undersigned owners of pleasure boats who use the facilities of Frank Vanecek located on the east side of Narrow River Road, Orient, New York, (Former King Marina) , hereby request the Board to act favorably upon the application of FRANK VANECEK for permission to sell gasoline, soft drinks, oil , bait and ice to the owners of the boats using the facility. We respectfully call your attention to the fact that up to 75 pleasure boats may use this facility at one time and the lack of availability of gasoline, soft drinks and ice for use of the boats is an extreme hardship to us. NAME ADDRESS 1l cater l vl/ �T t Eti - � At7 7 . Mz- r 41. 1 o TO THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, NEW YORK RE: APPLICATION OF FRANK VANECEK We, the undersigned owners of pleasure boats who use the facilities of Frank Vanecek located on the east side of Narrow River Road, Orient, New York, (Former King Marina) , hereby request the Board to act favorably upon the application of FRANK VANECEK for permission to sell gasoline, soft drinks, oil , bait and ice to the owners of the boats using the facility. We respectfully call your attention to the fact that up to 75 pleasure boats may use this facility at one time and the lack of availability of gasoline, soft drinks and ice for use of the boats is an extreme hardship to us. NAME ADDRESS / A-V L M N KDALE, L.I. DOWLING COLLEGE TOELEPHONE:'(SE6) LOT9,6100 April 30, 1977 Zoning Board of Appeals Southold Town Gentlemen: We febl that permission should be granted to Mr. Frank Vanacek to have a gas. pump at Narrow River Marina for the convenience of finis customers. We are convinced that such a pump and tank can do no harm to the environment and will be a distinct advantage .to boatowners with gasoline engines. We do not believe that the availability of a little gasoline will attract larger boats into such a local marina. Sincerely Robert DeMaria Ellen DeMaria Formr'rh ADELPHI SUFFOLK COLLEGE r - Southold Town Board of Appeals - 18 - March B. 1973 i f of a lot of the people who wrote letters. The Vanecek's might be interested to know that when they bought the marina these same people who wrote, were terribly glad because they all thought that they were a nice couple and they felt they would not spoil the marina. 'They were delighted to have them here. THE CHAIRIAN: We have had this same situation before where people speak against something ,although they are clients. In your case, we find that your two points of view don't conflict. MISS MOORE: We should buy sail boats in preference to power. boats and be very careful of what we put into the water. i MRS. VANS'CEK: I would probably be the one to pump the gas. I am a school teacher, I teach 7th grade . It was only under the pressure of a lot of people last summer that I came to you. I really don't care about selling gas. It was not that important. Perhaps I should learn to sail.. When they need a rescue I' ll try to help out• MR. WILLIA.M TERRY: I just learned -,hat the Suffolk County Department of Health has refused a cesspool to a home nearby the marina (to the west of the marina) unless the ground level is r,.. raised 6 feet. l THE CHAIRMAN: Do they have to approve the water system on the house the Vanecek's built? MR. HOWARD TERRY, Building Inspector: That was approved a long time ago. After investigation and inspection the Board finds that applicant requests permission to add a gasoline dispensing pump at a non-commercial marina located on the east side of Narrow River Road, Orient, New York. The Board finds that Edward H. King,, -de-ceased, obtained permission to operate a residential marina on the premises under application on September 5, 19630 Appeal No. 565. On April 6, 1965 the King Marina became a non- conforming use by reason of Amendment # 68 limiting the number of boats to six. The Board finds, further; that on May 6, 1971, concerning the same premises, Rudolph & Edna Koubek, Appeal No. 1124, were limited as to future activities, as follows : 1. All operations must conform to existing law. 2. Permission is granted to remove the old barge and replace with floats. 3. Sale of gasoline, soft drinks, and ice is prohibited. 4. All commercial or business activity, including vending machines is prohibited. 5. Storage of boats other than those of the owner is prohibited. 6. Use of these facilities by commercial fishermen or party boats is prohibited . 7. The number of pleasure boats which may use this facility is limited to no more than 75. Concerning Appeal No. 1732, Frank Vane6ek, March 9, 1973, to amend and modify, the action of the Southold Town Board of Appeals on Appeal No. 1IE24, the Board is in agreement that the decision on Appeal No. 1424 should be upheld. Y Southold Town Board of Appeals - 19 - March 8, 1973 The Board finds that the public convenience and welfare and justice will not be ' served and the" legally established or permitted use of neighborhood property and adjoining use districts will be permanently or substantially injured and the spirit of the Ordinance will not be observed. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED, Frank Vanecek, Orient, New York, be DENIED permission to amend and modify the action of the Southold Town Board of Appeals on Appeal No. 1424, as applied for, and the Board of Appeals reaffirms its decision as described. Vote of the Board: Ayes : - Messrs: Gillispie, Grigonis, Hulse. PUBLIC HEARING: Appeal No. 1722 - 9: 15 P.M. (E.S.T . ) , upon application of Xenophon Damianos to amend Board of Appeals action No. 1394 and variances according to Building Zone Ordinance , Article X, Section 1008; Article XII, . Section 1204 and Bulk Schedule. Location of premises: Ma of Greenport Homes, Main Road (Route 25 or West Front Strset� and 9th Street, Greenport, New York. The Chairman opened the hearing by reading the application to amend Board of Appeals action and variances on Appeal TIo. 1394, legal notice 'of hearing, affidavits attesting to. its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: There was a previous hearing held on February 15, 1973, which was recessed to tonight with the thought that more accurate plans could be worked out. THE CHAIRMAN: - Is there anyone present who wishes to speak for this application? GEORGE E. LECHTRECI�ER, ESQ..: I am here to speak for the : application, and Dr. Damianos is also here. THE CHAIRMAN: Do you, own the property nowt MR. LECHTRECEER: We are under contract. THE _CHAIRMAN: Our thinking was that the former Resolution would have to be modified in order to be of interest to Dr. Damianos . An engineer was to consult with our building inspector. We are hero now to listen to your proposal. i FREDERICK J. TEDESCHI ATTORNEY AT LAW 403 MAIN STREET GREENPORT. NEW YORK 11944 TELEPHoNe 516-477-2048 April 21, 1977 Town Clerk Town of Southold Main Road Southold, New York 11971 Attention: Mrs. Betty Neville Re: Application of Frank Vanecek for Special Exception Dear Mrs. Neville: I enclose herewith photocopy of survey of the subject premises to be filed with the captioned application hereto- fore filed on April 20, 1977. Thank you. Very truly yours, Frederick J Tedeschi FJT/a Enclosure OFE ® W�N� IRK O T 4 F ISOU O JUDITH T.TERRYQ TELEPHONE Town CLERK i� 765-3783 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 April 20, 1977 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Re : Application of Frank Vanecek for a special exception-Appeal No. 2269 udith T. Terry Town Clerk JTT/bn BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of , NOTICE FRANK VANECEK to the Board of Appeals of the Town of Southold TO: Plainland Realty Corp. c/o Morris X."�',_D,e Nardo One Elmont Road"", Elmont, New 'Y&& 11003 Barbara P. Hughes Solsville Road, Madison, New York.'11003 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Towt of Southold to request a (°VIar ee) (Special Exception) Sr,,,vial-P it) (the followingg relief: the action oI thi Board of Ape s ox� peal No 14Z4 n o or Br- and operators of the boats using the non-commercial marina. .,11hat the property which is the subject of the Petition is located adjacent to your property and is des- cribed'as fol ows: E/s Narrow River Road, Bounded n/Aa' rbAra-_P,-_'Hughes,__, E Halleck Bay, S/`-Plainland Realty Corp. , W/ Narrow River Road, Orient, New York. 3. That the property which is the subject of such Petition is located in the following.zoning district: A RP`Gi'd nti a.l and Agri-cultural District. 4. That�.by such Petition, the undersigned will request the following relief: Permission to sell gasoline, 'soft drinks, oil, bait and ice to the owners and operators of the boats using the marina. 5. That.t_he provisions of the Southold Town Zoning rode applicable to the relief sought by the under- signed are: III, Section 100-3.4 �t3)._ 9 and to amend appeals lumbered ::Art. ,1.424 and 1732. 6. Thant within five days from the date hereof, a written Petition requesting the relief specified above will il. 11 be filed in the,Southold Town Clerk's Office at Main Road, Southold, New York and you rrmav then and there examine the samerduring regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals;that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Travel er-Mattituc k Watchman, newspapers published in the Town of Southold and designated for the publication of such notices;that you or your representative have the right to appear and be heard at such hearing. Dated: April l/, 1977 . Petitioner Frank Vanecek c/o Frederick J. Tedeschi Post Office Address 403 Main Street Greenport, .New York 11944 516 477-2048 PROOF OF MAILING OF NOTICE NAME ADDRESS Plainland Realty Corp. c/o Morris J. De Nardo One Elmont Road, Elmont, New York 11003 Mrs. Barbara P. Hughes .Solsville Road, Madison, New York 13402 RECEIPT FOR CERTIFIED MAIL_3Qyti (plus postage) SENT TO POSTMARK 00 Plainland Realty Corp. OR DATE IY• �. STREET AND NO. C/o Morris J. DeNard 0,4 P.O., STATE AND ZIP CODE qjF.1 Trion ��� �, y`u•;.- OPTION Y �`" L SERVICES FOR ADDITIONAL FEES RETURN t. Shows to whom and date delivered ............ 15 j 7 RECEIPT With delivery to addressee only............ 50 SERVICES 2. Shows to whom,date and where delivered.. PQ With delivery to addressee only............85_ Y . DELIVER TO ADDRESSEE ONLY '...................................................... 504 ® SPECIAL DELIVERY It7�►1 (extra fee required).................................... PS Form 3800 NO INSURANCE COVERAGE PROVIDED— (See other side) Apr..1971 NOT FOR INTERNATIONAL MAIL *GPO:1972 0-460-743 RECEIPT FOR CERTIFIED MAIL-304 (plus postage) SENT TO POSTMARK i Mrs. Barbara P. Hughes n OR DATE + STREET AND NO. ` 0 RT Solsville Road P.O., STATE AND ZIP CODE A(� d' on NSewFOR York 13402 u Cj�) OPTIONAL S RVICE ADDITIONAL FEES 1977 1. Shows to whom and date delivered ............ 0 RETURN RECEIPT With delivery to addressee only............ 6 11 0 2. Shows to whom,date and where delivered.. 35 SERVICES With delivery to addressee only............850 DELIVER TO ADDRESSEE ONLY ...................................................... 500 ® SPECIAL DELIVERY (extra fee required).................................... PS Form 3800 NO INSURANCE COVERAGE PROVIDED—- (See other side) Apr. 1971 NOT FOR INTERNATIONAL MAIL r GPO:1972 0-460-743 , STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) Frederick J. Tedeschi , residing at Greenport, New York being duly sworn, deposes and says that on the20th day of April, , 19 77 , 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 Greenport, New York ;that said Notices were mailed to each of said persons by (certified) (Mgl mail. % �y Frederick J Tedeschi Sworn tb before me this day ' 1 , 1 Notary Public DONALD W. DEALE KOMRY PUBLIC, State of New York z No.52-4600772 QU8]ified in Suffolk County, for i Expires March 30, 1W ; . MEMORANDUM IN' SUPPORT. OFe'THE' .APPLICATI'ON'-OF,-- CRANK .VANECEK, FORA _SP-ECIAL: EXCEPTION- IN: ` ACCORDANCE :WITH.ARTICLE III,. SECTION. 100-30 (B) (9) . AND TO 'AMEND.::APPEALS'.NUMBERED- �1424 AND 17,32,. Pofiit :. . ' The�ermission:`sou ht herein is erUaarily Corr ,the convenience of-local- res enc nts 'rat er--t an... or the proft t o t e owners: .. 'Under. Appeal number._ 1'424 this 2oning, Board of Appeals stated: " - ---in- determining what constitutor a=business activity the Board is . Af,the opinion that -this condition .should. ,be interpreted : to' dietinguish possible:-future ,activities .which are" installed �pri- marily f o.r. the convenience of -local :res,idents,.rather than for the Prof i� ; the, owner.' Submitted herewith are` a`m3.nimum''of 104 ..signatures_,of `local -residents, neighbors,-'and.'owners of `real° property ,in, the area' and neighborhood- of the applicant' s �Marina (6$) and; owners of pleasure -- boats (36). who use. the .facilities' o,f the applicant' s Marina.' I� . would:, like ,,to .point out that` :several of ,the. persons--who .signed'in favor;of. the applic-ant this,-time,w,ere, among , those who"were_ against' it` in, Appeal - 17.32 in. the ;year _ It is:- respectfully :submitted-'that; the ,convenience of these persons ,will -best. be, served by ..granting .the .applicant'.s_ application . as requested ,for the. convenience ;of.,,the':.persons who 'signed ,their, . approval and request for same. The,'.permission requested ,herein. while. of a°commercial and/or : .business nature is not trulya °commercial' :and/or .business,. activity: . in: the full:. sense of those _words. . Coir iercial ha's:-tc do with: off: 'cAcae.` or operatin primarily for profit, designed :to have a wide popular -appeal-."" .". Zmebster' s_ New World Dic io`nary - , or a Publishing Co. ti Both commerce and, business. generally implg' activity -vn a scale large enough to make,, prof it. The operation contemplated .by, this application ;may produce a.small profit in the; very ,:,long run but certainly 'is, no;t- designed to 'have a wide . popular,=appeal. The potential number of customers, : is 'limited to , 7,5 the maximum number of pleasure boats permitted. Accordingly, it:-is..respectfully submitted , that the requested activ3,t,ies are to. be ixstalled�.primarily_ _for.1the convenience of. 'local residents `rather, than ..for ,the .profit _of -the applicant as mandated;An Appeal. No 1`424. Point hI. To grant the approval,,here .n Mould be .in haimony,', ; with 'the. .intent and purpose of the Zoning �- Ordinance, and would.- of .be .detrimental to .property; ,or persons lii .the- neighborhood: At ttie:.pr�s erit lime," it 'is`;a couraon..practice for the an- . dividual' boat::,o`,ners : o.:bring gasoline and,:oil to; the, premises 'in -cans and other .vessels. I t i s then 'poured .by the ,boat owners ,'. into; .the boat' s gas .tank:. . Spillage occurs•.into the:boat and water .creating';,a-fire hazard.. This"'is certainly a gross inconvenience, to .�a11 concerned. In addition,.: the minimal'; availability of soft _to, rinks,' ice -arid '.' bait..have been requested time. and again_.:by the. users of this marina.- ` . I't "would not .only be :for their .convenience but would make life, a: little, easier for all concerned. Although,, there is suffic ent..hardshi shown here it p :. should:.be .pointed.-out that, a Special -Exceptiori_ is not a, variance and 'can be--issued' without :proof -of. hardship. '.- Reed .v. .� oard of Standards arid. Appeals,: 255 N:Y, 126,.. 174NA. 301, Poirot.'I1I` . .. . o .grant. ,t.:ze -approval,.herein would .be in . harmony. wi�ziz`and :consistent with_ the -natural uses aric pu•i-p'os;es- of` this..Marina and other, marinas in the Town.-of-Southold: it should be. remembered .that appl cant, 'seeks permission : to-.sell gasoline, -oih, soft drinks, bait and; ice only.'.:to- .the owners,- and ,o 6rdtors of the,boats .using the marina and not ..the . general pubic or .passing„vessels. Under no stretch of the imagination"';can 'this very limited permission :and •operation be a big profit producer "for .the ap-, ' tis tritl1anience, situation: primarily.plicant. scy n It .is. respectfully submitted that the granting of this re quested permission would- be;in... the :spirit of' .the :Zoning Ordinance to_-,promote the`:weffare and convenience of ;the-. residents, of thi's Town',by eliminating-.a-.burderisome; onerous and inconvenient re- .'.their boating pleasure.,- Accocdngly.; . it is s.respectfully requested. that this. Board act .favorably' on the °instant 'application. may, 10, .1977 ' Respec`tfully submitted,=. :Frederick ,J.. Tedeschi : Greenport, New;Yorke Attorney at' Law , • 403 IKain. Street Greenport,: New.- York 11944 , 477-2448. 3 ---- f,IATCH LINE _ . : _ .�---- IN 339400 FOR PARCEL NO. FOR PARCEL NO. FOR PARCEL N0. 0 SEE. SEC. NO.018 SEE SEC. NO.018 SEE SEC N0.018 "067009 -06-013 06-014. 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