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p72 DWA/c2: -7 { / 'K 77/'E /� //9 6-- L 0 I, Cr' KESTLER, F (B GOGGINS)5595 LT 142-2-16 ?tf- l/- 15-0(1 CONVERT SFD TO DENTIST OFS &A SY b "-' t --\ 11x,35 'Cf ( RD MA 'Z-/-)-1-- -�I�S E K�' 1 r ,- • ,l' ORA, APPEALS BOARD MEMBERS I,,� tk CO Southold Town Hall Ruth D. Oliva, Chairwoman �'= Gyp: 53095 Main Road Gerard P. Goehringer ti Z P.O. Box 1179 Lydia A. Tortora t Southold,NY 11971-0959 Vincent Orlando \ 44, Ot ��� Tel. (631) 765-1809 James Dinizio, Jr. = '91 * �►a,••' Fax (631) 765-9064 RECEIVED http://southoldtown.northfork.net /.D"'' 1 BOARD OF APPEALS DEC 1 2004 TOWN OF SOUTHOLD n FINDINGS, DELIBERATIONS AND DETERMINATIO Southold?own Clerk MEETING OF NOVEMBER 18, 2004 ZBA Ref. 5595— DR. FRANCIS KESTLER Property Location: 11535 Main Road and Pacific Street, Mattituck; CTM 142-2-16 Zone District: Residential-Office. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 22,406 sq. ft. parcel has 101.37 feet along the north side of Main Road (a/k/a State Route 25) and 217.14 feet along the west side of Pacific Street in Mattituck. The property is improved with a two-story main building and detached building, as shown on the September 24, 2003 survey prepared by Martin Donald Hand, L.S. BASIS OF APPLICATION: The applicant's original request was for a variance requesting approval for two uses on a lot having less than 40,000 sq. ft. of lot area, and for a Special Exception under Section 100-71 B, for an apartment use over professional or business office use. Also filed is the Building Department's June 30, 2004 Notice of Disapproval, amended October 27, 2004, citing Code Section 100-716(3) in its denial of a building permit application for alterations to convert the existing building to more than one use, and that the applicant is requesting a dentist office with apartment above. The Building Department's reasons include the code requirement that not more than one use shall be allowed for each 40,000 square feet of lot area, and also reiterates the code provision reference to 100-71B-3 and Section 100-91B4(a-f). However, Section 100-916(4), subsections (4-a- f) are not written into the zoning code. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on November 18, 2004 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE WITHDRAWN: During the November 18, 2004 public hearing, the attorney for the applicant withdrew the request for an area variance under Section 100-716(3), and confirmed their intention to proceed with one main use at this time. The applicant also requested confirmation that a Special Exception was not required under Section 100-71A(3) for a professional (dental) office. Page 2—November 18, 2004 d. File No. 5595—F. Kestler CTM Id: 142-2-16 CODE PROVISION: Section 100-71 reads as follows (emphasis added): USE REGULATIONS: In the Residential Office (RO) District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (1) One-family detached dwellings, not to exceed one dwelling on each lot. (2) Owner-occupied two-family dwellings. (3) The following uses are permitted uses subject to site plan approval by the Planning Board: (a) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (b) Buildings, structures and uses owned or operated by fraternal organizations and utilized for activities typically conducted by a fraternal organization, including but not limited to public meeting places, charitable and fundraising events, patriotic observances and catering for public and private functions. (c) Bed-and-breakfast uses as set forth in and as regulated by § 100-31 B(14). (d) Professional offices. (e) Churches or similar places of worship, parish houses, convents and monasteries. (f) Libraries, museums, art galleries, exhibit halls, artists'/photographers' studios and dance studios. (g) Small business offices such as insurance agencies, real estate agencies, computer software services, financial planning securities brokers and like-kind small business establishments excluding retail sales of any kind or nature and limited to overall floor space of 3,000 square feet. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Chairwoman Oliva, seconded by Member Orlando, and duly carried, to CONFIRM that, based on the withdrawal at this time of applicant's area variance application related to a requested apartment as a second use, that the remainder of applicant's proposal for a dental office, is a permitted use in this Residential-Office Zone District under Section 100-71A, without the need for a Special Exception. This action does not authorize or condone any current or future use, setback or other feature of the Page 3—November 18, 2004 File No. 5595— F. Kestler CTM Id: 142-2-16 subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman),{ (Goehringer, Orlando, and Dinizio. (Member Tortora was absent.) This Resolution�dolland 4 .NLZ Ruth D. Oliva, Chairwoman 11/30/04 Approved for Filing LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, NOVEMBER 18, 2004 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, NOVEMBER 18, 2004: 1:05 AM Frances Kestler #5595. Request for a Variance under Section 100- 71 B(3) for approval of more than one use on a lot having less than 40,000 sq. ft. of lot area, and for a Special Exception for Apartment use over professional or business office use in this Residential-Office Zone District, at 11535 Main Road and Pacific Street, Mattituck; CTM Parcel 142-2-16. Zone District: Residential- Office. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to call (631) 765-1809. Dated: November 1, 2004. BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski I '' ,., -,, .7 __:, , ,d ' 1 .10 4) ' (T' FORM NO. 3 NOTICE OF DISAPPROVAL __y LS;S \e') __1)..) DATE: June 30, 2004 AMENDED: October 27, 2004 TO: William Goggins A/C Kessler (�2 11535 Main Road L S LE- l Ef j", q - Mattituck,NY 11952 , OCT 282004 Please take notice that your application dated June 17, 2004 zomN_G 9°4PD of pi- For permit for alterations to an existing single family dwelling conversion to a dentist office w-itINALs accessory apai lment above at Location of property: 11535 Main Road, Mattituck County Tax Map No. 1000 - Section 142 Block 2 Lot 16 Is returned herewith and disapproved on the following grounds: The proposed construction requires special exception approval from the Southold Town Zoning Board of Appeals and approval from the Southold Town Planning Department. You may apply to these agencies directly. T•� • •• was amended on October 27, 2004, to omit errors. Alla li • - h• •.ed Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. Nib cak ptP-flu) Zn eLeatet o/-174 54 Qa xd ,I���o��OFFO�,�co % o H Z Town Hall,53095 Main Road O 0 Fax(631)765-9502 P.O. Box 1179y� 0 �/ Telephone(631)765-1802 Southold,New York 11971-0959 %-. ' * �`a,,� BUILDING DEPARTMENT OCT 2 $ 204 TOWN OF SOUTHOLD ZOMN1^a BOARD Op App AL3 MEMORANDUM TO: Ruth Oliva, Chairperson, Southold Town Zoning Board of Appeals FROM: Damon Rallis, Permit Examiner, Building Dep ent DATE: October 27, 2004 RE: Our discussion on October 26, 2004 Project: Kessler disapproval Location: 11535 Main Road, Mattituck,NY SCTM# 100— Section: 142 Block: 2 Lot: 16 As per our conversation, I have amended the Notice of Disapproval fro this project, dated June 30, 2004, after it was noted that it was issued incorrectly. Following a discussion with Michael Verity, Chief Building Inspector, we have amended the disapproval to note the need for special exception approval from the Zoning Board of Appeals. Article VII, Section 100-71B, states; "The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board, provided that not more than one use shall be allowed for each 40,000 square feet of lot area: (3) Apartments may be permitted over business and professional offices as regulated by § 100-91B(4)(a) through (f). It is apparent that the town code is incorrect in its references to 100-91B(4)(a) through (f), as that section does not currently exist in the town code. That section, which has now been removed from the code, addressed the specific requirements as to how a special s. Pr exception should be determined by the ZBA. The town attorney's office has been alerted to the error and is currently working to correct the code. However, the fact remains that the proposed apartment require special exception approval from the Zoning Board of Appeals. Furthermore, you had noted the statement, "provided that not more than one use shall be allowed for each 40,000 square feet of lot area..." It is the building department's determination that this regulation applies to the Zoning Board's determination in issuing a special exception approval for such projects and should be addressed by the ZBA rather than the building department. CC: File, Michael Verity I APPLICATION TO THE SOUTIIOLD TOWN BOARD OFA Mk. t 61 _ MC(c'`� For Office Use_0nly CtFiled B g AUG 2 3 2004 Fee.$ V� y; �]L,ned/Assi nment No. g GOGG NS)5595-L-T 1-42--2 16 I ESTLER-F'( TO DENTIST OFS &ACCY �- CONVERT SFD 11535 MAIN RD MATT RO ZOiNitin RoaPn_OF APPEALS j APT-APT USE 11535 Main Road Mattituck Parcel tion: •House No. • Street Hamlet SCTM 1000 Section 142 Block 2 Lot(s) 16 Lot Size .5 Acre Zone District RO I (WE) APPEAL THE WRITTEN D INATION,OF,T,HE BUILDING INSPECTOR DATED: • February 20, 2004 -‘1(1/0-4._ `"�( Applicant/Owner(s): Frances Kest ler Mailing c/o William C. GOggins, PO.Box 65, Mattituck, New York 11952 Address: Telephone: 631-298-4200 �/ y' 631-298-4214 • NOTE: II-applicant Is,not the owner,state if applicant Is owner's attorney,agent,architect,builder,contract vendee,etc Authorized Representative: William C. Goggins, Attorney Address: R.O. Box 65, 13105 Main ROad, Mattituck, New York 11952 Telephone: 631-298-4200 t 631-298-4214 Please specify who you wish correspondence to be mailed to, from the above listed names: 0 Applicant/Owner(s) lil Authorized Representative 0 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED February 17, 2004 FOR: ❑Building Permit El Certificate of Occupancy 0 Pre-Certificate of Occupancy ❑ Change of Use 0 Permit for As-Built Construction 0 Other: Use accessory apartment above office Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article VII Section 100- 71 Subsection ,too --t ii 6(3) Type of Appeal. An Appeal is made for: 1 L �'^ Variance to the Zoning Code or Zoning Map.41.11-R-- Nov• , �D`I� J '` r ^- ❑ A Variance due to lack of access required by New York Town Law-Section 280-A. 60111 ❑Interpretation of the Town Code,Article Section /F''" [Reversal or Other Use permitting special exception A prior appeal❑ has)151 has not been made with respect to this property UNDER Appeal No. Year • • f, ., Page 2 of 3 - Appeal Application Not Applicable to an application for use permitted by special exception. Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: • (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the variance been self-created? ( ) Yes, or ( ) No. If not, is the construction existing, as built? ( ) Yes, or ( ) No. (6) Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (attach extra sheet as needed) This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character or the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE STANDARDS. (Please consult your attorney.) Otherwls.e, please procee to he signature and notary area below. 26-"? Signature of Appellant or Authorized Agent Vworn to bettreoe this (Agent must submit Authorization from Owner) _ day •f .. . 200 . ( •ry Publi ZBA App 9/30/02 WILLIAM C.GOGGINS Notary Public,State of New York No.4963689,Suffolk County�y,� Commission Expires March 12, /v r r Page 3 of 3 - Appeal Application Residential Apartment over office Special exception requested for a Certificate of Occupancy for an apartment over an office pursuant to regulations set forth by Section 100-91B4(a)through (f) Jfo' - 7Ie. Part B: REASONS FOR USE VARIANCE (If requested): For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project is Located (please consult your attorney before completing): 1. Applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the property is located, demonstrated by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). 2. The alleged hardship relating to the property is unique because: 3. The alleged hardship does not apply to a substantial portion of the district or neighborhood because: 4. The request will not alter the essential character of the neighborhood because: 5. The alleged hardship has not been self-created because: 6. This is the minimum relief necessary, while at the same time preserving and protecting the character of the neighborhood, and the health, safety and welfare of the community. (Please explain on a separate sheet if necessary.) 7. The spirit of the ordinance will be observed, public safety and welfare will be secured, and substantial justice will be done because: (Please explain on a separate sheet if necessary.) ( ) Check this box and, complete PART A, Questions on previous page to apply AREA VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, please ,roceed to the signature and notary area below. /7/01:---71,r,vi>0 f Signature of Appellant or Authorized Agent Sworn to belpre,gie this (Agent must submit Authorization from Owner) I day of -m. .. .... ....... 200 . WILLIAM C.GOGGINS Notary Public,State of New York 9, No.4963689,Suffolk County ( o ary Pu C Commission Expires March 12, ZBA App 9130/02 :tC G§ 100-71. Use regulations. /u� rd ` In the Residential Office (RO) District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (1) One-family detached dwellings, not to exceed one dwelling on each lot. (2) Owner-occupied two-family dwellings. (3) The following uses are permitted uses subject to site plan approval by the Planning Board: (a) Buildings, structures and uses owned or operated by the Town of Southold, school districts,park districts and fire districts. (b) Buildings, structures and uses owned or operated by fraternal organizations and utilized for activities typically conducted by a fraternal organization, including but not limited to public meeting places, charitable and fundraising events,patriotic observances and catering for public and private functions. tcl Bed-and-breakfast uses as set forth in and as regulated by § 100-31B(14). ((�d) Professional offices. le) Churches or similar places of worship, parish houses, convents and monasteries. (f) Libraries, museums, art galleries, exhibit halls, artists'/photographers' studios and dance studios. (g) Small business offices such as insurance agencies, real estate agencies, computer software services, financial planning securities brokers and like-kind small business establishments excluding retail sales of any kind or nature and limited to overall floor space of 3,000 square feet. ICP Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board, provided that not more than one use shall be allowed for each 40,000 square feet of lot area: (1) Special exception uses as set forth in and regulated by § 100-31 B(1) through(7) of the Agricultural-Conservation District. Funeral homes. (3) Apartments may be permitted over business and professional offices as regulated by § 100- (4)(a)through (f), inclusive. (4) Restaurants, except fast-food or formula restaurants. (5) Custom workshops, provided that they shall not be all or part of a commercial center. C. Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Accessory uses as set forth in and regulated by § 100-31C(1) through(7) of the Agricultural- Conservation District and subject to the conditions set forth in § 100-33 thereof. (2) Accessory uses set forth in and regulated by § 100-42C(2) of the Hamlet Density Residential District. D. Additional standards. All permitted structures as set forth in this article, except for single- family dwellings, shall be subject to the following: • N MOO EG N0.141 ' S 9 'Y \ -Z-- n4, 411 .11 `�' y�. I . d 'N` <4594 S, 47 3 /174a- 2- i QFC4,14, Sl t� a" qfree • / 4,, //o, ti s /,fir p�- / / N PROPERTIESDISTRENOTICE , COUNTY OF SUFFOLK © K L, W141 114 T011 a SOUTHOLD SECTION NO NTENATCE,ALTERATION,SALE OR .. i.1°•-4, Red Property Tax Service Agency Y MACE a OISTRBUTION 6 ANY PORTON OF THE r3I. County Center Riverheo90 N Y 11901 lir ,a 142 SUFFOLK COUNTY TAX YAP IS FRO M° SCALE N FEET: M T Ap WITHOUT nefTEN PEW65ON OF TIE VA.7 _`, i.. A tw A A m fu TCF IO 1000 WEAK PROPOlfY TAX SERYICE'ACFFCY. .. .... .:....... ....._.,......_... .. _. . . ,._ :_,.._.. ... _ ,..yam ..._ PROPERTY MAP. �- t - ,sA.o_:-�,frte .... 81 I n /2. 7 COLOR to '�?C :����o� t0 NA4(.K�ral_ waetiJA,,:g . 1 pry LI o I--h a 9., TRIM ��. ?'cnil W4771C ', ry f iy vvA,kN .�gIdg. .r 2 9 X /, _ 4/9 3 - y - Foundation P o u A d C2 M•��Bath rfr- ��� � 2. :tension 2-� x l 0-6 l - .�13 /0 4 S 0 d ,S'0 3 O Basement `) 1/ Floors Se ca k dd ti K' /Yo. e//+ j-- cter�,�ron �' '/S. �� X 7 ' 70 Ext. Walls l'I' a d f';q4 Interior Finish (Si. 0 c4- LR. _ densi ,,pp ty -� \O tC 1? = t?o ��/D1°1 %m SIO Fire Place / o h Heat /4i` e le 0 fig'Cia ve,;f* i i.I O' � �> l o k t2.= t 2.o ��b) .cam (a0. 1.TY oof '� !7c:: 2 , ✓ Ga /� Rooms 1st Floor BR. a 1 .0 0 g y G Recreation Room Rooms 2nd Floor FIN. B. -rch /Z x /D = ii (1 242ete) ; Ao 4840 Dormer ,reezeway _ S SD n' t4 6g 8 arage 2....1-4.-.2 . +eine. f ,,, . rty44- 9G 46evei gRew4n �Oaei - Ale. ►‘� 4,a4,� 2 532$ CA .O� \e , *� 6414a4-4 ' aa. b .. 6--, l G5t f` dt,e0 X3 '1 1,' e*44%ef lm ‘al � GJ ot1 *w88 swN:\ w AD q i as roc. � LtTS„ ‘.0410.1 EA4Ax r�oPOvQJ'oal .'°' 61,651 ."' ' -.7."' -W. ‘'i'-: •111 2(20M)., Lei_o e _ 4,,/ , _ _ f TOS ,. ' OF SOUTHOLD P"OPEnTY RECORD Co4RD /�J, 21 C 1(NER STREET 115:3\5 VILLAGE DIST. SUB. LOT f9G 1 �eS I ter / a l � ,6 Id Gai 0 R . R{,, - Air-1.4' N AC R.� , f Y� -CthoE Actle:e_, 0.•55' C? l Iro 5 ILLI eS S W TYPE OF BUILDING s.. M. les�a- �G2� G( 114.5 S __ k R_ .(Q:, ' ,-.,0...,t. . E': , SEAS. VL FARM COMM. CB. MISC. Mkt. Value 74t7rTrr"tr7e�--�- LAND IMP. TOTAL DIE REMARKS ' I) 3 ct Uv tla ao . ...i4/7„..74.?,/ ilao g -L M©� c(I - �'J, lesk4 m,-/ester . / c_ C) i 0 c �-D '0 ., 1� -Z-IIba3Db- ivt, le5>�a -iv1nhard+ -to, 0oa o � ' r4-o o 1 al 17 9 - a"4 in -Etc: ooc q � � . j t$ � � 3 E3'P a? I a.a� R �� a� on �10�� g rt foo ��Qo 'Z�-o �`��°I�la1�195 3F) ;,13'1:;24�.' - 4�BoVe�r4PooL w .Mce cat- �-, aei 10s/as-L-.tI7ssf)spa- 4k-nharo(+ -h) I -nhareli- -Ai1c. AGE BUILDING CONDITION i'f,q �(ILn��� 7 NEW NORMAL BELOW ABOVE J Ola 1 1 Q3 6P* a9'gal (*aces g p .P 534Z_ 0© E;-1 FARM Acre Value Per Value Acre 10/SD/B a9 dgNg rC'.� t - a 1 _a- q, --- - ;-9. } _ •illable 1 t Li16003- L. a- • P b- . at • - s I ' - �5© D i 0. 'illable 2 illable 3 _ p f� •D„� • )-' 9✓oodland ., Cwt I-/ wamplond FRONTAGE ON WATER rushlandFRONTAGE ON ROAD /6*, _a, 7 ® d louse Plot DEPTH . / 11--.a BULKHEAD ^ktI � � *.• `.0 DOCK J .e• ._ ORIGINAL y ?OWN OF SOUTHOLD, NEW YORK ACCESSORY APARTMENT APPLICATION FOR SPECIAL EXCEPTION 651:r Application No. Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: I O , Frances Kestler of ' 11535 Main Road House No. ,and Street Mattituck New York 11952 • (Hamlet, State, .Zip Code) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE VII. , SECTION 100-71 ' SUBSECTION for the below-described property for the following uses and purposes: , Apartment use over office in RO Zone pursuant to •Southold Town Code Section 100-91 (B) 4 (a) through (f) ; Article VII Section 100-71 • • • • AUG 2 3 2004 / 95 L-T ZO G y'OAgO OF APPEALS as shown on the attached plan drawn to scale. A. Statement of Ownership and Interest. Frances Kestler is Care) the owner(s) of property known and referred to as 11535 Main Road', Mattituck, New York 11952 ,(.House No. , Street, Hamlet) identified on the,Suffolk County.'Tax Maps as District 1000, Section 142 Block. • 2 Lot 16 , which is (is -not) on. 'a--subdivis.ion map (Filed • "Map of " Filed Map No.. ) • • The above-described property was acquired by the owner 'on November 19, 2003 B. The applicant alleges that the approval of this exception would be' in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: The subject property is surrounded on two sides by public roads, one side by a Commercial Marine Use,iand one'tb. denb.yaad.re.sidence.. . There would be no adverse impact on the neighborhood. • C. In addition to meeting the standards prescribed by the zoning ordinance , the following requirements will be met: 1 . The accessory apartment will be located only in the principal building. 2. The owner of the existing dwelling will occupy one of the dwelling units as the owner's principal residence. The other dwelling unit which is part of this application shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years, which will be filed annually. 3. The existing one-family dwelling shall contain not less than sixteen-hundred (1 ;600) sq. ft. of livable floor area. (continued on page two) ' ' t' i '21 I 51 0 .. . Application for Special Exception • Page Two (continued) . C. 4. The accessory apartment shall contain not less than four-hundred fifty (450) square feet of livable floor area. 5. The accessory, apartment shall not exceed forty (40%) percent of livable floor area of the existing dwelling unit. 6. A minimum of three off-street (on-site) parking spaces shall be provided as shown on the attached plan. 7. Not more than one (l ) .accessory apartment will be on this parcel . 8. The accessory apartment will meet the requirements of a dwelling unit as defined in Section 100-13 of the Zoning Code. 9. The exterior entry to the, accessory apartment has not changed the existing exterior appearance of a one-family dwelling. 10. All exterior alterations to the existing building, except for access to the apartment, is made on the existing foundation as shown on the attached plans. 11 : I understand that the Certificate of Occupancy will terminate upon the transfer of title or upon the owner ceasing to occupy one of the dwelling units as the owner' s principal residence; and that in the event of the owner' s demise, the occupant of the accessory apartment may continue in occupancy until a new owner shall occupy the balance of the dwelling or one (1 ) year from date of said demise, whichever shall first occur. 12. This conversion shall be subject to inspection of the Building Inspector and Renewal of Certificate of Occupancy annually. 13. The existing building which is converted to permit this accessory apartment has, been in existence and has a valid Certificate of Occupancy issued prior to January 1 , 1984, and attached hereto. 14. The existing building, together with this accessory apartment, shall comply with all other requirements of Chapter 100 of the Town Code of the Town of Southold. 15. This conversion for the accessory apartment shall comply with all other rules and regulations of the New York State Construction Code and other applicable codes. D. The property which, is the subject of this application is zoned , -RD ' and [ x] has not changed since the issuance of the ,Certificate of- Occupancy attached. [ ] has changed or received Additional building permits, and Certify ates -of Occupancy for these changes are attached or w 11 be furni COUNTY OF SUFFOLK) oi,/. dir� . STATE OF NEW YORK) ss (Signature 9 Francis Kestler ✓✓k Sworn to before me thi s �� •ay of AMPI , xlx9 2004 . ./. i . . (Notary Public) / . . , ZB5 2/6/86 WILLIAM C.GOGGINS Notary Public,State of New York),04. No.4963689,Suffolk County Commission Expires March 12, . I b____ :2 ..,,. :: __, , :_ ____ __ SURVEY OF DESCRIBED PROPERTY SITUATE AT MATTI TUCK TOWN OF SOUTHOLD LAND NOW OR FORMERLY OF SUFFOLK COUNTY, NEW YORK LAND NOW OR FORMERLY OF EUGENE PACHOLK& MARTHA KENNELLY WENDY PACHOLK S.C.T.M. DIST. 1000 SEC. 142 BLK. 02 LOT 16 T�m$ _�� m z�m 9604' T 30 15 0 30 60 90 EI,:T z r QIJC,i1ON. N 53°3870"F _ _ CONC. . y SCALE: 1'=30' DATE:SEPTEMBER 24, 2003 m : .: 1 , 1 i .1 1 I nECE,TrO \ 3c)2 2..' = _ 55 "' n :. II li II' ii w- 1 x � pili I 173 - ! % ///// m . .. ' yA. /----P✓A v0 m00 F -* P 1 7. m mom. XI Cr) BRICK m HEDGE I I n, m cn 0 1 .8' PATIOWOOD m Zr n 1 i - 1./ . _PS ■ • , P p z' 1 sfoRY \ 7.41 T r- FRAME 7 BUILDING . fl -- =-- -_-- o. SITE DATA FF;EL.'15.9' o m ,' _ m m - A LOT AREA:22,406 SQ.FT. =0.506 ACRE z� ,," OVERH Es CURRENT ZONING:RO-RESIDENTIAL OFFICE - 1 '• / m x mm�N / y > - --m� OWNER OF RECORD: a> N G) MAR,YELLEN REINHARDT / MATTIT11535UCIc, NEW YORK, 11952 . o —> WoO�FENC• o f o , ok ._ 6.0' \;t1! t r- g Ulm?®AR IBIMOWED AEOPOOTIt YkV®RATK • II.'I'T•.II�•��1, V 1BK�6i1RHfOgl=p�p018 311 �'� 1 �l�l •:j///�1..�ET i rrekaIBIKMBArme 14.' •, •, / / ORpP LET wEior MIB®.A,OI�K E�'� / i.BiQadw,MMm�Mww / / �pAVE1�ENT EL:14.2' I011, 13 11711TU:XICK ii i Or OAD • ;NEWa i'•.�i/cF' EDGE ar,'�iAcle aaciaa r/ — EP'13 T MA1 'v ROAD ffll19iM/6V MA®Ya'D WIDTH) uir,sti Ill b,-- d (VARIAB WID Bl0®IJILBNiMXRm�✓® ' ,0 APAl09AlCPY. RODTE 25) •• ,aeimi7�1l019«LLBM '�OIY./OKI'BB70101MId K9/M!Y O MBIImAND d MlMIF.TOK i ITM[miMM DIOM%L1N"- p (STAT __ !M a®GtC AFZe MNTAMQ. . =GM CERTIFIED TO:FRANCIS A. KESSLER COUNTRY WIDE HOME LOAN HOME BUYER ABSTRACT SERVICES, LLC f JOB NO. 2003-397 MAP NO. ,/ -- .4„,. FILED: ,�q' 00 Y REVISIONS: 44o ' ` L� T , ti,,.. ,-, :9-4, 4 0 v, '•050365 cJ� 'LAND Sv LICENSE 'i. :::'';' HANDS ON SURVEYING - 46 NORTH ROAD ' HAMPTON BAYS, NEW YORK . .J' _ _. _ ____ __ .. ' 11946 �,� TEL:(631)-723-1954-FAX:(631)-723-1329 1 • MARTIN D. HAND L.S ar . ZONING BOARD OF APPEALS Office Location: Annex Building on Youngs Avenue • Mailing Address: 53095 Main Road, Box 1179 Southold,NY 11971-0959 ir Emails: Linda.Kowalski an,Town.Southold.ny.us or Jessica.Boger an,Town.Southold.n_y.us Web site http://southoldtown.northfork.net (631) 765-1809 ext. 1 (6R ke yPGu e), so//) fax (631) 765-9064 9cS.— 'fol/II FAX TRANSMISSION DATE /o/046 Y TO: 4...d_t_ta:,,,,t) C- j 43-1- ZBA File# 55l5' - Jr_ )404±12.0, Date of Building Inspector Notice of a Disapproval: d (o/a7/0 , v_ 6/3054 (X) The a plication is incomplete for the reasons noted below. Please furnish seven (7) sets of the fQ(lowing• .9 0.fir. � 0 c f- 2-9 -I--d ,1�2 adv-e-F ci -,4 - .vo v. /F-0-4-(e Y,-y . /(P ' Az_/6 i! ) - - _ ( ) Please furnish seven (7) sets of the following (within about 7 days, if possible in order that the application can be advertised for the public hearing calendar date of : ). The advertising deadline is 22 days before the meeting date. You may forward the information by fax at 765-9064, however, please send the original and six sets by mail or by hand. Thank you. ( ) The map submitted does not match the information on the Building Inspector's Notice of Disapproval. Please submit the amendments dated directly to the Building Department for review, and if an amended Notice of Disapproval is issued, please furnish seven (7) copies with a cover letter confirming that the amended relief that is being added or revised in your request for variance(s). Thank you. (-74 Missing information- 01\12.26A iu .ti, /-?a.kaD"..O(/-.)ezetai-41- Af_ 1- 4/ '` a) 2rccL ap 411 yi.'t5-v c' a�4 va a-,i q° T `IIS, (36° s'7� OTHER/INFORMATION RQUESTED,when posgible(7 sets with cover/transmittal sheet): ( ) Filing fee$ ; Check amount was: $ . Please contact our office(or send new check).Cao-7/8 C33J ( ) Available survey showing existing property/building details,with licensed surveyor information. ( 9 Architectural map or updated survey showing dimensions of existing and proposed new construction areas,setbacks to property lines, and building lot coverage calculations. ( ) Rough diagram or sketch with building height(#of stories and distance from ground to top/ridge detail (and mean height, if known); also landscaping proposed in the area of the construction. ( ) Letter confirming status and date of review by other involved agencies for presubmission comments,or copy of up-to-date agency action. ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section 100-23D-4), and copies of deeds dating back to creation of original lot lines for this property. (/) , / , ,J `, /i a_ d / ``// ...,_ 1 i _r.. , ,� - . ac4077.1.1'._......1111117 L 4 i - 0..., .-. 4'_-_ 1—JA. ,1/ � 1 Thank you. —,1 dt COUNTY OF SUFFOLK `r �IfNI STEVE LEVY SUFFOLK COUNTY EXECUTIVE f;a, THOMAS ISLES; JCP ,..it DEPARTMENT OF PLANNING f DIECTOR OF PLANNING ti LOS December 27, 2004 Town of Southold Zoning Board of Appeals Re: Application of"Dr. Francis Kestler", Town of Southold (#5595) Gentlemen: Pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application is/are not within the jurisdiction of the Suffolk County Planning Commission. Very truly yours, Thomas Isles Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc G:\CCHORNY\ZON ING\ZONING\WORKING\NON-JUR\2004\SD 108A.JUL LOCATION MAILING ADDRESS H. LEE DENNISON BLDG -4TH FLOOR ■ P 0 BOX 6100., ■ (63 1)853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1788-0099 TELECOPIER(63 I) 853-4044 '''�S�FF0L,' Office Location: ,,or0�0 CQ Mailing Address: ,4'1 Gym► Town Annex/First Floor,North Fork Bank ; y 53095 Main Road 54375 Main Road(at Youngs Avenue) ert,�� P.O. Box 1179 Southold, NY 11971 456 0 ,.l Southold,NY 11971-0959 Alp ol. �a,,,, http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax (631) 765-9064 December 21, 2004 Mr. Gerald G. Newman, Chief Planner Suffolk County Department of Planning P. 0. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Newman: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZB Ref. No. 5595 Action Requested: Convert Single Family Dwelling to Dentist's Office and Accessory Apartment; Special Exception Within 500 feet of: (X ) State or County Road ( ) Waterway (Bay, Sound or Estuary) ( ) Boundary of Existing/Proposed Village, County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Ruth D. Oliva, Chairwoman By: Enclosures OFFICE OF ZONINGBOARD OF APPEALS 53095 Main Road Southold, NY 11971 Email addresses: Linda.KowalskiATown.Southold.ny.us http://southoldtown.northfork.net (631) 765-1809 fax (631) 765-9064 FAX TRANSMISSION FAX# ATTN: -La AcQlrfib DATE: /L / / /2004 SUBJECT: / ••. MESSAGE: Please find attached copies for your information. • Please feel free to call if you did not receive all sheets between 8-4. Thank you. Pages attached: c . £ x,01 OFFOtir ; APPEALS BOARD MEMBERS ��iCZp`O 06, Southold Town Hall_ Ruth D. Oliva, Chairwoman d: 53095 Main Road Gerard P. Goehringer -t y Z P.O. Box 1179 Lydia A. Tortora 477$ �� Southold,NY 11971-0959 • p Vincent Orlando y ,, Tel. (631) 765-1809 James Dinizio, Jr. = "1 1 ! i Fax(631)765-9064 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD December 1, 2004 By Regular Mail and Fax Transmission William C. Goggins, Esq. P.O. Box 65 Mattituck, NY 11952 Re: ZBA Ref. 5595 — 11/18/04 Determination (Kestler) Dear Mr. Goggins: Please find enclosed a copy of the determination rendered by the Zoning Board of Appeals at its November 18, 2004 Meeting. Please be sure to contact the Building Department (765-1802) regarding the next step in the building and zoning review process. You may want to furnish an extra copy of the enclosed determination when submitting any other documents or amendments during the final review steps. r� Thank you. Very truly yours, Linda Kowalski Enclosure Copy of Decision 11/30/04 to: Building Department •- 9b0/0 ,� FORM NO. 3 PPS"CAM✓A"6, Vote, o, (PiejOe ,NOTICE OF DISAPPROVALt!D i D i /3.1), DATE: June 30, 2004 TO: William Goggins A/C Kestler r3...e.12044( `• F a ��.�y; 11535 Main Road 1,07,2_7p y. Mattituck,NY 11952 AUG 2 3 2004 Please take notice that your application dated June 17, 2004i 5 $ Cr • ZONING BOARD OF r•P 3;EALS For permit for alterations to an existing single family dwelling conversion to a dentist office with accessory apartment above at Location of property: 11535 Main Road, Mattituck County Tax Map No. 1000 - Section 142 Block 2 Lot 16 Is returned herewith and disapproved on the following grounds: Theproposed construction, on this non-conforming 23,958 square foot lot, in the Residential Office District, is not permitted pursuant to Article VII, Section 100-71.C. An apartment is not a permitted accessory use. In addition, the conversion requires approval from the Southold Town Planning Department. Allgere Authorize' Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. J�'LKESTL--ER-F-(B-GOGG INS)-5595-L-T-142-2-16---1 H CONVERT SFD TO DENTIST OFS &ACCY APT-APT USE 11535 MAIN RD MATT RO ILLIAM C. GOGGINS, P.C. ATTORNEY AND COUNSELOR AT LAW P.O.Box 65 13105 Main Road Mattituck, New York 11952 Phone(631)298-4200 Fax(631)298-4214 WILLIAM C.GOGGINS August 23, 2004 DONNA M.PALMER Southold Town Zoning Board of Appeals Paralegal 53095 Main Road Southold, New York 11971 Attn: Linda Kowalski Re: 11535 Main Road, Mattituck, New York; r 4;;:a,r,ti'A IF;M} Dr. Frances Kestler AUG 2004 Dear Ms. Kowalski: SS1 "e.d The following documents have previously been submitted: 1. New Variance application with six (6) copies; ,/2. Seven (7) copies of the current survey; A. Seven (7) copies of the Notice of Disapproval; 4. Short Form Environmental Assessment Form; 5. A check in the amount of$400.00; and A. Seven (7) copies of apartment floor plan. There was an oversight on the part of the Building Department that resulted in the issuance of a Notice of Disapproval dated February 20, 2004; a Notice dated March 17, 2004 voiding of the Notice of Disapproval'and a return of all ZBA submissions on April;21, 2004; and a new Notice of Disapproval dated June 30, 2004. If you,have any questions, please do,not hesitate to contact the undersigned. Thank you. Very truly your , !/ illiam C. ag;;t. WCG\ • enclosures WILLIAM C. GOGGINS, P.C. ATTORNEY AND COUNSELOR AT LAW P.O.Box 65 13105 Main Road Mattituck,New York 11952 Phone(631)298-4200 Fax(631)298-4214 WILLIAM C.GOGGINS September 22, 2004 DONNA M.PALMER Southold Town Zoning Board of Appeals Paralegal 3095 Main Road Soithold, New York 11971 Attic: Linda Kowalski Re:' 11535 Main Road, Mattituck, New York; Dr. Frances Kestler SEP 2 2 Dear Ms: Kowalski: 2004 Enclosed please find the following: kits 1: Seven (7) copies of existing certificate of occupancy; 2. Seven (7) copies of the first floor dental office floor plan; and 3. Original and Seven (7) copies of the Application for Special Exception; We are appealing the Notice of Disapproval dated June 30, 2004. Dr. Kestler seeks to be on the October 21, 2004 calendar. On September 20, we appeared at a work session with the Planning Board. The Board accepted our application, and will make its recommendation and comments to the Zoning Board Appeals on or before October 21, 2004. If you have any questions, please do not hesitate to contact the undersigned. Thank you. e r truly yo s illiam C. og.!.I WCG\ enclosures J ' ,1 • I ----,1— 1 v\ _. 2) srAff _ I _ Kr sgo,,,alt. [ ....., __.___„.___„„ . , _ 1 1 . - 1 I I-.I . . FIZ-6 LAO 1 - s E 1N 1 _ 4$-/6 % J c=:___ . imimmiommr i '1 I 1 r -‘,_ . .., hs_, . _ . 1 _ „. .. . - , , / I , As-ik _. • ... ,_ • • . 1- q- - —. . _. .. ., s 1 _ ., , . ,. ! •, . 1 SEP 2 2 2004 APPEALS . .. s•Z/NV b ., APPROVED . SCALE ibt.117 kJ 011 I DATE 5:-.0- 641 c' SCALE 'Ai. IL /...f 0 u APPROVED BY DRAWN BY r/./ ... DATE.I5---/0.-Ott . - . ..,...,..,-- ......_,...._ .),Q. F, Gs-i-celz - WS111,1 th/PlAfrtru4e. • 1 DRAWING NUMBER A '22 FLm - --r -rAL- 30 cr--7.14,.- _ 6L- , . .......d . . . • • • -.....- tic . (•••..-} • Ve C/:...., 1) 7, ...•- .r.,3 .. . -. .... 7 -P• .-. ..1 . . ._ ,,--: 13 trL , 11 . __. • 7_„„ •1 • 1 . . 1to . INIMMI111 .1 - - _, , . . . 0,• . _ • 1— ... , _ ... .---. ._... ....I , _ c.....,....*"................ 1 . &1 . __• Ni . . .. • I-- . . , -Dt........ . . —..., I .....-. . , 1 . . , .. ..o. 7 , . • ... . T___ -7---L------1 . . . • __ __ r f 10/27/2004 20:45 631765' '" ZBA PAGE 03 k as x • •Town Hall,53095 Main Etoad ;O �� Fax(631)765-9502 P.O.Box 1179 ;44, �ait et Telephone(631)765-1802 Southold,Now York 11971-0959 �� • NOV 1 2004 BUILDING DEPARTMENT @^f 27,1 TOWN OF SOU TOLD ZONING BO RD Os APPEALS MEMORANDUM TO: Ruth Oliva, Chairperson, Southold Town Zoning Board of Appeals FROM: Damon.Rallis, Permit Examiner, Building Dep exit DATE: October 27,2004 RE: Our discussion on October 26, 2004 Project: Kessler disapproval • Location: 11535 Main Road,Mattituck,NY SCTM# 100—Section: 142 Block: 2 Lot: 16 As per our conversation, ..have amended the Notice of Disapproval fro this project, dated • June 30, 2004, after it was noted that it was issued incorrectly. Following a discussion with Michael Verity, Chief Building Inspector,we have amended the disapproval to note the need for special exception approval from the Zoning Board of Appeals. Article VII, Section 100-71B, states; "The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board,provided that not more than one use shal.l..be allowed for each 40,000 square feet of lot area: (3) Apartments may be permitted over business and professional offices as regulated by § 100-91 B(4)(a)through(f). It is apparent that the town code is incorrect in its references to i00-91B(4)(a)through (f), as that section does not currently exist in the town code. That section,which has now . been removed from the code, addressed the specific requirements as to how a special 10/27/2004 20:45 6317659-- ZBA PAGE 04 V exception should be determined by the ZBA. The town attorney's office has been alerted to the error and is currently working to correct the code. However, the fact remains that the proposed apartment require special exception approval from the Zoning Board of Appeals. Furthermore, you bad noted the statement, "provided that not more than one use shall be allowed for. each 40,000 square feet of lot area..." It is the building department's determination that this regulation applies to the Zoning Board's determination in issuing a special exception approval for such projects and should be addressed by the ZBA rather than the building department. CC: File,Michael Verity " ~ - . . 444 . . ' , i � . ' ' ' . . ,) . ,, 4i/ill:. w=°v °_ .V-45.7Mata'-* ..:-.11411,11 .1.4,41tk 4iiitii.%4t‘0401. 1 itriTltvi , .. - - - ' ' - - _ - - ~' ' ' ' ' ' ' • WILLIAM C. GOGGINS, P.C. ATTORNEY AND COUNSELOR AT LAW P.O. Boz 65 13105 Main Road Mattituck,New York 11952 - Phone(631)298-4200 Fax(631)298-4214 - September 24, 2004 WILLIAM C.GOGGINS DONNA M.PALMER Southold Town Zoning Board of Appeals Paralegal 53095 Main Road Southold, New York 11971 Attn: Linda Kowalski h ' • ; ' Re: 11535 Main Road, Mattituck, New York; OCT 4 2004 Dr. Frances Kestler w PLALS Dear Ms. Kowalski: Enclosed please find the balance of the filing fee in the amount of$200.00, and a copy of the survey with a very rough sketch of the parking plan. If you have any questions, please:do:not hesitate to contact the undersigned. • Thank you. V truly yours, William C. Ogli WCG\ enclosures 25-5-3 rte. C!. tolt -AsE a:xnaeu5TS pazTa. 4h. DNI/ aH ''U111'Id XaW H E 0 8' O Z cera NOIZ\Ir1IZ253 mamma EO/LZ/oY TVZSLIT '0N aripiaimum FIVDINIDS'ThI V/N 'Ir AJOrtiddV EVIG 3Q Inawa2IKdda Ammo 1'IO tn9 •6uTpTTnq PTI3s0.7-0113 aga 10 (2iaNMO) ecLt Za�dHNIs2: NS115.X !W oa pansn1 ST aapoT;TqxaD �. •2IOs QaIZadti Sd oNI'1'l;3MQ IY7INY 8'IODiY,l Dismisixa Oa, saolvidam '3 NOssIa Y sT panseT sT eagoT3Taao GTua go'cgw xo3 Xauedn000 aqL 'M'et oua 3o suOTST„oxd oviceoTtdde aua 3o eauawaxTnb4Y aqa 3o rue cg suwaoguoo pue 'ponssT seen EOUZ tZ 21380 JC— Paa1ep Z-LZB6Z "011 ZTuaad 6uTptTua gpTipt oa auenexud £00Z. 'TZ 23350I.7o • Paa'eP aoT3ao siga 'uT PeTT; a=o�o�axau aTw ed SuTptTng xo; 11OTaeoTtddli aql oa A'Cte'Faueasghs swxopoo •OH aol O N duk paTT1 uo' aTATpgnB yY we' z NuoI zti'[ uopoas 688 b 'otz dew xEL £4W O (I,2 IKYR) (J alas) cc/a asnon) NOLIZIJ,ZftYI ICC23 N VW 5ESZ C =1C1-iod0ad 10 uoTp'eao'I SNOIJJK21 '9 'SN01 IIQQK sliTuranq wql Tecil sgulazoSI&L Z'[AfiZ�Z :ON 60TtE/0C =aanQ XONKd1L3DQ 30 aIVDldTIUR0 2•�. 'p'[oganoS 1 teH umos aoaoadeuI 6t,rptTng aua 3o aoT3;0 JMWf[Kasa mamma c FIOE:110S 3O NMOL 200/t00'd . 01217010:01 LZbb BIZ tE9 Nt1210J�lOQ WO�Id ;70-:2TX002-b0-nON • ii'0/2742004 20:45 ,63176590 ZBA �� PAGE 02 r'ECiP. p FORM NO. 3 NOV 1 2004 NOTICE OF DISAPPROVAL 7.01.1 NG BOARD OF APPEALS DATE: June 30, 2004 AMENDED: October 27, 2004 TO. William Goggins A/C Kessler 11535 Main Road _4 Mattituck,NY 11952 Please take notice that your application dated Tune 17, 2004 For permit for alterations to an existing single family dwelling conversion to a dentist office with. _ _ , accessory apartment above at Location of property: 11535 Main Road,Mattituck County Tax Map No. 1000 Section 142 Block 2 Lot 16 Is returned herewith and disapproved on the following grounds: The proposed construction requires special exception approval from the Southold Town Zoning Board of Appeals and approval from the Southold Town.Planning Department. You may apply to these agencies directly, Thi s •rm was amended on October 27,2004, to omit errors. • • II, ' .ed Signature - Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. WILLIAM C. GOGGINS, P.C. ATTORNEY AND COUNSELOR AT LAW P.O.Box 65 13105 Main Road Mattituck,New York 11952 Phone(631)298-4200 Fax(631)298-4214 Hand Dekivered WILL, C.GOGGINS RECENED DONNA M.PALMER November 1, 2004 NOV 1 2004 Paralegal Southold Town Zoning Board of Appeals ZONINC, DCO.F1D Of: APPEALS 53095 Main Road Southold, New York 11971 Attn: Ms. Linda Kowalski Re: 11535 Main Road, Mattituck, New York; Dr. Frances Kestler Dear Ms. Kowalski: Enclosed,please find seven (7) copies of the Notice of Disapproval dated October 27, 2004 and::rimemorandum from Building Department. Dr. Kestler is applying for area variance to Article VII, .Section 100-71B (3) in-that not more than one use shall be allowed for each 40,000 square feet of lot area. - Thank you. Very ' y yours, William C. Goglitr WCG\ enclosure (1) No outdoor storage or display of any kind shall be permitted. (2) All permitted buildings and other structures shall be visually residential in character, the visible architectural features of which shall be consistent and compatible with the architectural styles of the existing structures in the immediate neighborhood. (3) Store fronts of any kind whatsoever shall not be permitted. § 100-72. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereofshall be erected or altered in the Residential Office (RO) District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter, with the same force and effect as if such regulations were set forth herein in full.EN '%•TICLE VIII, Limit-. : iness (LB)Distri . dded 1-10-1989 • • L. No. 1-1989EN; amended 5'-9- N9 by L.L. No 6-1989, 8-1-1989 by .L. No -1989; 11- -1994 L.L. No. 26 994; ' - 1995 b L. No. 1995; 8-22 95 by L . No. 11-19' • I '-1999 by L. . No. 14 999] § 100-80\,j•• e. The purpos. of the Limited Business (LB)Di- 'ct is to provide an opportunity to accommodate limited busine activity along highway corn••rs, but in areas outside the hamlet central business areas, that is co .istent with the rural and hi oric character of surrounding areas and uses. Emphasis will be placed on -view of design features .o that existing and future uses will not detract from surrounding uses. •e additional uses mu generate low amounts of traffic and be designed to protect the residentia . d rural character of the area. § 100-81. Use regulatio i s. In the LB District, no b iding or pre, ises shall be used and no building or part of a building shall be erected or altered which 's arrang:•, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The fol w' g uses are permitted uses. All permitted uses except single- family and owner-occupied two-1: ily residences require site plan approval. (1) Any permitted use as se o+h in and regulated by § 100-31A of the Agricultural- Conservation District except w eri-.,which shall be as set forth in Subsection A(9) below. (2) Retail businesses co element: to the rural and historic character of the surrounding area, limited to the following: (a) Custom workshop and machine .hops. (b) Wholesale or reta• sale and acces •ry storage and display of garden materials and plants, including nursery opera ons,provided that he outdoor storage or display of plants and materials does not obstruct pedestrian flow or vehicul.. traffic and does not occur within three feet of the property line. (c) Libraries or useums. (3) Profession. and business offices. (4) Funeral h;,mes. (5) Restaur. ts, except drive-in restaurants or .•rmula restaurants. (6) Repair : ops for household, business or per'•nal appliances, including cabinet shops, carpenter sho,s, electrical shops, plumbing shops, 'ture repair shops and bicycle and motorcycle shops, land aping and other service businesses. (7) Ho-1s. (8) R; ail uses supplemental to the service business e tablishment. (9) ineries which meet the following standards: ri r • PROJECT DESCRIPTION (Please include with Z.B.A. Application) Applicant(s) Frances Kestler - I If building is existing and alterations/additions/renovations are proposed. N/A A Please give the dimensions and overall square footage of extensions beyond existing building: Dimensions/size: • Square footage: B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: N/A Dimensions/size: Square footage: II. If land is vacant: N/A Please give dimensions and overall square footage of new construction. Dimension/size: Square footage: Height: III. Purpose and use of new construction requested in this application: N/A • IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s) N/A • V. Please submit seven (7)photos/sets after staking corners of the proposed new construction. VI. Applicant seeks approval of apartment over office in accordance with the 7/02 guidelines set forth by section 100-91B(4) (a)through (f) t /00 _-71 • Please note:Further changes, after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed, please contact our office, or please check with Building Department (765-1802) or Appeals Department (765-1809) if you are not sure. Thank you. QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? DYes lINo B. Are there any proposals to change or alter land contours? 'II Yes f]No C. 1) Are there any areas that contain wetland grasses? No 2) Are the wetland areas shown on the map submitted with this application? No 3)Is the property bulk headed between the wetlands area and the upland building area? No 4) If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? N/A D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N/A (If not applicable, state"n/a") E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? No (If none exist, please state "none") F. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and map as approved by the Building Department. If none,please state. G. Do you or any co-owner also own other land close to this parcel? No If yes, please explain where or submit copies of deeds. H. Please list present use or operations conducted at this parcel Off ice and proposed use Apartment over Office Authorized Signature and Date QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached. ) FRANCES KESTLER B. Is the subject premises listed on the real estate market for - sale or being shown to prospective buyers? ( ) Yes ( X) No. (If Yes, please attach copy of "conditions" of sale. ) C. Are there any proposals to change or alter land contours? f } Yes (X) No D. 1. Are there any areas which contain wetland grasses? No 2. Are the wetland areas shown on the map submitted with this application? No 3 . Is the property bulkheaded between the wetlands area and the upland building area? No 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? No E. Is ,there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No (If not applicable, state "N.A. ") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? No If none existplease state "none. " G. Do you have any construction taking place at this time concerning your premises? No If of your building permit and mapyes, please submit a copy as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? No If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel Office propose. use Apartment over Office and 4 (4,4 1- -6C, Authorized Sign t e and Date / 3/87 , 10/901k - APPEALS BOARD MEMBERS SUFFO(�- (\... O C�Gy�` Southold Town Hall Gerard P. Goehringer. Chairman 5095 Main Road Serge Doyen, Jr. � x P.O. Box 1179 James Doyen., Jr. • r Southold, New York 11971 Robert A Vlla ..7 -t±-,9'�! . �. , Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD QUESTIONNAIRE Accessory Apartment or' Bed and Breakfast with Owner-Occupancy T Names of Individuals or Parties Having an Interest in the Subject Premises and a description of their Interests• Frances Kestler Name of the Applicant( s) and his/her Residence: Frances Kestler, P.O. Box 604, Shelter Island Heights, NY ' 11965 Names of Current Residents/Occupants of the Subject Premises: NonE Current Occupants are: (please check one or more boxes) ( } Tenants with Written Lease ( } Tenants without Written Lease ( ) Current Owner ( ) Contract Vendees ( ) Proposed Occupants/Residents under the Subject Application • ( ) Residents NOTE: By not checking one or more of the above, it is assumed that the current Occupants are not tenants with a written or without a written lease, are not current owners, re not a . contract vendees, are not Proposed Occupants/Residents under the Subject Application, and/or have a different residence. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? ( ) Yes ( X No. i /(77.1( IfiLiii 4 . . A ?- — A horl..,.d Signature -nd�, Date 2f d 1 I • ,, . • j - f ' PROJECT I.D. NUMBER ,SEQR 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—Project Information(To be complete by Applicant or Project sponsor) 1 Applicant/Sponsor 2. Project Name Frances Kestler • S 3. Protect location: Municipality County Southold Town Suffolk County 4.Precise location(Street address and road Intersections,prominent landmarks,etc.or provide map) 11535 Main Road. Mattituck New York 11952 5. Is proposed action: ( )NEW ( )EXPANSION ( )MODIFICATION/ALTERATION Special Exception 6. Describe project briefly: - Apartment use over office • 7.Amount of land affected: •Initially: acres; Ultimately: acres r 8.Will proposed action comply with existing or other existing land use restrictions:(s( )YES ( )NO If No,describe briefly: 9.What Is present land use in vicinity of project:(describe): ( )Residential ( )Industrial ( )Commercial ( )Agricultural ( )Park/Forest/Open Space ( )Other Office 10.Does action involve a permit approval or funding,now or ultimately from any other Governmental agency,(Federal,State or Local)? ( )YES (X)NO If Yes,Ilst agency(s)and permit/approvals: 11 Does any aspect of the action have a currently valid permit or approval? ( )YES (X)NO If Yes,list agency(s)and permitapproval's: • 12.As a result of proposed action,will existing permit/approval require modification? ( )YES (X)NO If Yes,list agency(s)and permit/approvals: I certify that the information pr. Id /above Is true to the bes of my knowledge A� ' Applicant/Sponsor Name: 1��/,. (/t.. �' / Date: 2D;rif / Signature; If the.action Is In the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessmei ) APPLICANT TRANSACTIONAL.DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Frances Kestler (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company If so, indicate the other person or company name) NATURE OF APPLICATION• (Check all that apply.) Tax Grievance Variance Change,of Zone Approval of Plat Exemption from Plat or Official Map Other If"Other", name the activity: Special exception for Apartment use Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares YES NO X If ybu answered"YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold. Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer 'or employee or his or her spouse, sibl ng, parent, or child is (check all that apply) A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C)an officer, director, partner, or employee of the applicant, or D)the actual applicant. DESCRIPTION OF RELATIONSHIP •• Submitted this 1 1 4 Signature: Print Name Frances Kest -r i/ro 0004 00 ELIZABETH A.NEVILLE i �; Town Hall, 53095 Main Road TOWN CLERK y g ; P.O. Box 1179 Prt REGISTRAR OF VITAL STATISTICS O Southold, New York 11971 MARRIAGE OFFICER ;y;* 0. 011 Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER — '1 * 4%00 Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER �,,,,,.•�� southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: August 26, 2004 RE: Zoning Appeal No. 5595 Transmitted herewith is Zoning Appeals No. 5595—Francis Kestler- Zoning Board of Appeals application for variance. Also included is a letter from William Goggins regarding enclosures;building department disapproval dated June 30, 2004; copy of property card; application to the Zoning Board of Appeals; Area variance reasons; reasons for variance use; application for special exception-accessory apartment; project description; ZBA questionnaire (two pages); Accessory apartment questionnaire; short environmental assessment form; transactional disclosure form; application for building permit dated January 16, 2004; property survey and one drawing. Town Of Southold , P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 08/25/04 Receipt#: 2511 Transaction(s): Subtotal 1 Application Fees $400.00 Check#: 2511 Total Paid: $400.00 Name: Kessler, Frances 11535 Main Road Mattituck, NY 11952 Clerk ID: BONNIED Internal ID:99872 s TOWN 011 SOUTHOLDA BU1LD1N MIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following,before applying TOWN HALL Board of Health SOUTHOLD, NY 11971 3 sets of Building Plans TEL: 765-1802 Survey PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined ,20 Contact: Approved ,20 Mail to: Disapproved a/c 42.,* ISO Phone: 111111111111rdillilk Building Inspector R+91rt�1f APPLICATION TOR BUILDING PERMIT Date January 16, , 20 04 INSTRUCTIONS a.This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans, accurate plot plan to scale.Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterways. c.The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what-so-ever until a Certificate of Occupancy is issued by the Building Inspector. • APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws, Ordinances or l Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws, ordinances,building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. • (Signature of applicant or name, if a corporatin) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Attorney for applicant Name of owner of premises Francis Kestler (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) • Builders License No. • Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: 11535 Main Road, Mattituck House Number Street Hamlet County Tax Map No. 1000 Section 142.00 Block 02.00 Lot 016.000 Subdivision Filed Map No. Lot (Name) " I z. 2. State existing use and occupancy raises and intended use ant occupy y of proposed constriction: a. Existing use and occupancy residential �. b. Intended use and occupancy 3. Nature of work(check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work expansion of parking lot (Description) 4. Estimated Cost Fee (to be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories ',.. • Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories 9. Size of lot: Front Rear Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated residential office 12. Does proposed construction violate any zoning'l :,ordinance or regulation: No 13. Will lot be re-graded Will excess fill be removed from premises: YES NO X 14. Names of Owner of premises Francis Kestler Address Phone No.c/o 298-4200 Name of Architect Address Phone No Name of Contractor Address Phone No. 15. Is this property within 100 feet of a tidal wetland? *YES NO X • IF YES, SOUTHOLD TOWN TRUSTEES PERMITS MAY BE REQUIRED Is this property within 300 feet of tidal wetland? NO 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF Suffolk) William C. GOggins being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract) above named, (S)He is the Attorney (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to pefore me this / (71 .!. /(./ 'day of January 2004 ‘ V 4 Notary Public Signatur. of Ape t William C. Goggins E1PM T.71,1-71 Etbyn,V, nIV kik Ccrtxga Euw Pa:g.9. Town Of Southold - P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 10/05/04 Receipt#: 2553 Transaction(s): Subtotal 1 Application Fees $200.00 Check#: 2553 Total Paid: $200.00 Name: Kestler, Frances 11535 Main Road Mattituck, NY 11952 Clerk ID: BONNIED Internal ID: 101054 ' . —( �Lc o ``�. W e�.L 41010u# �� f )C I 1o ,0 FFOLj MAILING ADDRESS: PLANNING-BOARD MEMBERS l,s��� 4; P.O. Box 1179 • JERILYN B.WOODHOUSE ; C d ; Southold, NY 11971 Chair y Z V, OFFICE LOCATION: RICHARD CAGGIANO �� ��� Town Hall Annex WILLIAM J.CREMERS .y 0.of 54375 State Route 25 KENNETH L.EDWARDS O'� - '� ,.' (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM Date: November 17, 2004 To: Ruth Oliva, Chairwoman, Zoning Board of Appeals From: Jerilyn B. Woodhouse, Planning Board Chair71,4j Re: ZBA Appeal number 5595 Kestler, Frances 11535 Main Road, Mattituck, NY SCTM# 1000-142-2-16 Zone RO In response to your request for comments, the Planning Board (PB) reviewed the afore noted appeal at its November 15, 2004 work session and has no additional comments to offer at this time. The PB is currently reviewing a site plan application dated August 25, 2004 with a site plan prepared by Martin Donald Hand dated 9/24/04. For your information attached you will find comments we received from the Town Engineer and Mattituck Fire District. The complete site plan file is available in the Planning Boards Office for review as needed. Thank you in advance. Cc: file E-r 9 . “ rip 1'��og�f F0[,rCoG` • Pb JOSHUA Y. HORTON s' JAMES A. RICHTER, R.A. SUPERVISOR y ` TOWN OF ENGINEER YORx 11971 TOWN HALL - 53095 MAIN ROAD ; v. Fax. (516)-765-1366 aQ`'�� Tel:(516)-765-1560 �o 1 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Jerilyn B. Woodhouse October 26, 2004 Chairperson - Planning.Board Town Hall, 53095 Main Road -- Southold, New York 11971 ',i r Re: Francis Kessler Site Plan 1 Pacific Street, Mattituck, New York 2 7 SCTM #: 1000-142-02-16 tJ Dear Mrs. Woodhouse: $ol:irr..t, As per a request from your office, I have inspec ed the site and reviewed the above referenced project with the Town Highway Department. Please be advised that the existing sidewalk may need repair or replacement to accommodate the proposed new parking areas and development of the site. - Also, the existing road drainage located adjacent to the North Easterly corner of the site has failed and is in need of repair or replacement. The site plan also indicates the presence of a "CISTERN" adjacent to the potential location for a ne=w parking lot entrance. All of these items indicated herein should be addressed by the new site an that will be submitted by the applicant. Please keep in mind that this is nota complete review of the Site Plan. This review has been prepared in an effort to minimize any potential impact that the above referenced items may create. If you have any questions regarding this Preliminary Site Plan Review, please contact my office. erely, 41.-Y• A - es A. Richte , R.A. CC: Peter Harris (Superintendent of Highways) rA)TTITUCK FIRE DIST P ' PO BOX 666, PIKE STREET MATTITUCK, NEW YORK 11952-0666 Commissioners MARTIN L.GRIFFIN,SR.Chairman John A.Keogh,Secretary Barbara Dickerson,Treasurer Norman A.Reilly,Jr.,Vice Chairman James D.Roache Greg N.Tyler Jerome Zuhoski ' -----7-1 . • :::•, \\ ‘,\, k.,,,_1 ; , ' SC Vri-;• —•1 ------ ' ' \ -------- , October 29 7, 2004 ,. , ,,,. V.,.' -,'N,.\ W1/4)\.1 Mr i. A Bruno Semon ,, :: , Senior Site Plan Reviewer ,::: Southold Town Planning Board P 0 Box 1179 Southold, NY 11971-0969 Dear Mr Semon;. . . At the Regular meeting of the Board of Fire Commissignars;the property of Francis Kessler site plan (SCTM# 1000-142-2-16):was review/0 and they make the following recommendations , - • That as the scWA:41a0placed a hydraritOWS'Abad'26, within 1000 of tha,pro09,0ed site plan to the MattituCkfire District specification*Opt,rip4OclitioriOhydrqr0 or went wilt)*required. Thank you in advance kit your cOoperetiort:#1.,fh0.,i1141ter /, /.. ' , - l 8incerey, _2......_____ ---- ,, C Harrison , , Fire District Manager , ' . . ' . • . • Office (631) 298-8837 Facsimile (631) 298-8841 , 1 es OFFICE OF P ZONING BOARD OF APPEALS 53095 Main Road Southold, NY 11971 Email: Linda.KowalskiATown.Southold.ny.us http://southoldtown.northfork.net (631) 765-1809 fax (631) 765-9064 1 . .2-9 4201 COVER SHEET FOR TRANSMITTAL ATTN: AV rco �y DATE: 8 / /7 /2004 SUBJECT: M x.5.3—9 5� MESSAGE: Please find attached copies for your information: e ./!•vi` -7/V Z13A /2./ AyeA4 • Please call us at 765-1809 if you did not receive all sheets. Thank you. Pages attached: . LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, NOVEMBER 18, 2004 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, NOVEMBER 18, 2004: 1:05 AM Frances Kestler #5595. Request for a Variance under Section 100- 71 B(3) for approval of more than one use on a lot having less than 40,000 sq. ft. of lot area, and for a Special Exception for Apartment use over professional or business office use in this Residential-Office Zone District, at 11535 Main Road and Pacific Street, Mattituck; CTM Parcel 142-2-16. Zone District: Residential- - Office. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please d6 not hesitate to call (631) 765-1809. Dated: November 1, 2004. BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski APPEALS BOARD MEME Southold Town Hall 13) Ruth D. Oliva, Chairwoman P.O. Box 1179 Gerard P. Goehringer Southold, New York 11971-0959 Lydia A. Tortora Telephone (631) 765-1809 `7 Vincent Orlando ZBA Fax (631) 765-9064 j\ ti James Dinizio http://southoldtown northfork.net BOARD OF APPEALS TOWN MEMO TO: Planning Board FROM: Ruth D. Oliva, Chairwoman, Zoning Board of Appeals DATE: November 1, 2004 SUBJECT: Coordination for Comments The ZBA is reviewing the following application for an advertised November 18, 2004 public hearing. Enclosed is the October 27, 2004 amended Notice of Disapproval and copy of the ZBA application with map. The Planning Board may be involved regarding a pre-submission review under the site plan regulations of the Zoning Code, and your comments are requested at this time. The file is available for review of additional documentation at your convenience. NAME TAX#/ ZBA BD NOD VARIANCE PLANS PREPARER ZONE DATE/S DATE STAMPED KESTLER, 142-2-16 5595 10/27/04 100-71B(3) 10/4/04, Martin D. DR. RO Zone More than one ALSO Hand, LS FRANCES Use; also Spec. 9/24/03 Exception for SURVEY Apartment over Office Your comments are appreciated by November 12, 2004. Thank you. • I/. %////0 (( PAI 6-515- OS�FFO14'0; MAILING ADDRESS: PLANNING BOARD MEMBERS '� .r� �r/y P.O. Box 1179 JERILYN B.WOODHOUSE i O Southold, NY 11971 Chair ` O r l- y PP,_ t OFFICE LOCATION: RICHARD CAGGIANO ', Town Hall Annex� � lr , WILLIAM J.CREMERS \'4'' sf°' 54375 State Route 25 1 KENNETH L.EDWARDS (cor. Main Rd. &Youngs Ave.) 1 MARTIN H.SIDOR '� Southold,NY Telephone: 631 765-1938;RECRVEDF : 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLDMEMORANDUM OCT 2 0 2004 Date: October 19, 2004 ZONit'VC ?Yi11.,:p or APPEALS To: Ruth Oliva, Chairwoman, Zoning Board of Appeals From: MartySidor, PlanningBoard Member �-w� jici.191�a Re: ZBA Appeal number 5595 Kestler 11535 Main Road, Mattituck NY SCTM# 1000-142-2-16 Zone RO In response to your request for comments, the Planning Board (PB) reviewed the afore noted appeal at its October 4, 2004 work session and determined the following: -The PB is currently reviewing a site plan application dated August 25, 2004 with a site plan prepared by Martin Donald Hand dated received August 25, 2004. -The PB performed a review of the site plan with four members present. The PB members chose not to comment on the appeal application and will follow the decision from the ZBA. -However, the PB would like to point out that location of the proposed parking must be contained on the property. For your review attached is a copy of a preliminary sketch. The patron access from the parking lot will need to be on the interior of the lot. The complete site plan file is available in the Planning Boards Office for review as needed. Thank you in advance. Cc: file, pb '' l VFFO( $ tC MAILING ADDRESS: PLANNING BOARD MEMBERS '���.r�� OGy P.O. Box 1179 JERILYN B.WOODHOUSE ; = ; Southold, NY 11971 Chair y Z ry, OFFICE LOCATION: RICHARD CAGGIANO Town Hall Annex WILLIAM J CREMERS \ �`,/ 54375 State Route 25 � KENNETH L.EDWARDS =_ ' .' i (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR ....•• Southold, NY MEMORANDUM Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Date: October 20, 2004 To: Southold Town Zoning Board of Appeals Southold Town Building Department • Southold Town Engineer Suffolk County Department of Health Services Suffolk County Water Authority From: Bruno Semon, Senior Site Plan Reviewer Re: Agency Referral requests required under Southold Town Code Article XXV 100-254 Review Procedure part C the Planning Board refers this site plan for concerns, Comments and Jurisdiction requirements if applicable. Dear Reviewer: The status is currently a New Active Site Plan and pending Town Zoning Board of Appeals relief approval. Attached is a copy of the site plan application information pertaining to the listed project: Kestler, Francis This site plan is for conversion of a single family dwelling as follows; 1st floor to a dentist office, 2nd floor residence/apartment and a cottage on 0.501 acres parcel in the RO Zone located at n/w intersection of NYS Road 25 and Pacific Street in Mattituck. SCTM# 1000-142.-2-16 Please respond on your agency's position of the above action. Thank you in advance. cc: File ry PLANNING BOAN,D M ERS is,OFFOL :=. :> - BENNETT ORLOWSki,JR. „e��, CD ; P.O. Box 1179 1- Chairman ,O %�\• , . Town Hall, 63096 State Route 1- RICHARD CAGGIANO eei) _ ,� Southold, New York 11971-095 WILLIAM J.CREMERS �' �� Telephone (631) 765-1938 KENNETH L.EDWARDS ,. , • N-00, Fax.(631) 765-3136 MARTIN H.SIDOR : ?i * �� iii ' Date Received .,,,.•�'� Date Copleted PLANNING BOARD OFFICE Filing Fee TOWN OF SOUTHOLD APPLICATION FOR CONSIDERATION OF A SITE PLAN . New Change of Use Re-use Extension Revision of Approved Site Plan • D kl Name of B I, l • • usiness or Site: Kestler ” = " ' SCTM#: 1000- 14 .00 _ 02.00 - 016.000 / Sout cid To•vn Location• 1153 5f Main Road p�,;�i;r}Rc'!' -- zr Address: Mattituck, New York 11952 = i Name of Applicant: Frances Kestler Address of Applicant: 40 Westmorehead Drive, Shelter Island Heights, New York•11965 Telephone: William C. Goggins— 631-298-4200 Owner of Land: Frances Kestler Agent or Person responsible for application: William C. Goggins,, P.C. Address: • ; : 13105 Main Road, P.O. Box 65, Mattituck, New .Xork 11952 . , Telephone. 631-298-4200 • Site plans prepared by. • Hands on surveying (Martin D. Hand) License No. 050363 Address: 46 North Road, Hampton Bays, New York Telephone: (631) 723-1954 r , s Page2 Planning Board Site Plan Application • APPLICANTS AFFIDAVIT STATE OF NEW YORK COUNTY OF SUFFOLK WILLIAM C. GOGGINS being duly sworn, deposes and says that he resides at is attorney for the Applicant with office at 13105 Main Road, Mattituck In the State of New York, and that he is the owner of the above property, et=t t l4e4stY-4a- of the (Title) (Specify whether Partnership or Corp.) which Is hereby making application; that there are no existing structures or improvements on the land which are not shown on the Site Plan; that the title to the entire parcel, including all rights-of-way, has been dearly established and is shown on said Plan; that no part of the Plan Infringes upon any duly filed plan which has not been abandoned both as,'to lots and as to roads; that he has examined all rules and ) regulations adopted by the Planning Board for the filing of Slte Plans and will comply with same; that the / plans submitted, as approved, will not be altered or changed In any manner without the approval of the Planning Board; and that the actual physical Improvements will be Installed In strict accordance With the plans submittll. Signedf//aq* , / (Owner) Signed (Partner or Corporate Officer and Title) Swo'r�to me this /L vim` day of 1,1541."1,7 41/ten— 2004 (Notary Public) • • • • FORM NO. 3 NOTICE OF DISAPPROVAL DATE: February 20, 2004 TO: William Goggins A/C Kestler 11535 Main Road Mattituck,NY 11952 Please take notice that your application, dated February 17, 2004 For permit to construct accessory apartment above an existing office at Location of property: 11535 Main Road, Mattituck,NY County Tax Map No. 1000 - Section 142 Block 2 Lot 16 Is returned herewith and disapproved on the following grounds: The proposed construction, on this parcel in the RO District, is not permitted pursuant to Article VII, Section 100-71, which states, `B. Uses permitted by special exception by the Board of Appeals.. (1) Apartments may be permitted over business and prbressional offices as regulated by § 100-91B(4)(a) through (f), inclusive. Structures shall be set back at least one hundred (100)feet from the right-of-way" Special exception approval is required. The proposed expansion of the existing parking lot is not subject to site plan review. agr Autho •zedi�gn�ature 12- 1 Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. CC: file, Z.B.A., Planning Department ) '4' Page 3 -- a) • Planning Board Site Plan Appl n • 22,406 Total Land Area of Site (acres or square feet) RU Zoning District Existing Use of Site residence Proposed Uses on Slte. Show all uses proposed and existing. Indicate which building • will have which use. If more than one use Is proposed per building, indicate square footage of floor area that will be reserved per use. Use as a first floor Dentist Office and second floor residence and office • 1800 sq f tOross Floor Area of Existing Structure(s) 1800 sq ftGross Floor Area of Proposed Structure(s) 10% Percent of Lot Coverage by Building(s) 10% Percent of Lot for Parking (where applicable) Percent of Lot for Landscaping (where applicable) Has applicant been granted a variance ancVor,speclal exception by No . Board of Appeals- Case # &date No Board of Trustees - Case # &date • No NY State Department of Environmental Conservation - Case # &date No Suffolk County Department Health Services- Case # & date Case Number Name]-Of Applicant �l • Date/of Decision Exp/ration Date j Other No Will any toxic or hazardous materials, as defined by the Suffolk County Board of Health, be stored or handled at the site? If so, have proper permits been obtained? Name of issuing agency Number and date of permit Issued. NO ACTION(EXCAVATION OR CONSTRUCTION)MAY BE UNDERTAKE*/UNTIL APPROVAL OF SITE PLAN BY PLANNING BOARD. VIOLATORS ARE SUBJECT TO'PROSECUTION. • y APPEALS BOARD MEMBERS Southold Town Hall 53095 Main Road Ruth D. Oliva, Chairwoman P.O. Box 1179 Gerard P. Goehringer Southold,New York 11971-0959 Lydia A. Tortora Telephone (631) 765-1809 Vincent Orlando ZBA Fax (631) 765-9064 James Dinizio http://southoldtown.northfork.net BOARD OF APPEALS TOWN MEMO TO: Planning Board FROM: Ruth Oliva, Chairwoman, Zoning Board of Appeals DATE: August 24, 2004 SUBJECT: Request for Comments Presently, the Board of Appeals is reviewing the following application for an October 21, 2004 public hearing. Enclosed please find the ZBA application. The Planning Board may be involved regarding a pre-submission review under the site plan regulations of the Zoning Code. The file is available for review at your convenience. NAME / REP TAX #/ ZBA BD NOD VARIANCE SITE PREPARER ZONE DATE/S PLAN /SURVEY KESTLER / 142-2-16 5595 6/30/04 ALTERATIONS TO 9/24/03 MARTIN W. RO EXISTING SINGLE DONALD, GOGGINS FAMILY DWELLING SURVEYOR CONVERTING IT TO A HANDS ON DENTIST OFFICE WITH SURVEYING ACCESSSORY APARTMENT ABOVE FLOOR PLAN: 8/23/04 TM ZBA STAMP Your comments are appreciated. Thank you. . [ 46/9-3.1.6 40 6-6-95--- 6 •- ,44---va;t1-R,L) -.5- _,'1 -9.69S_ALsai A CONVERSATION LOG PERSON/GROUP '0 0 r" . ADDRESS I 1 N- . , NAMES A • A A .41 4 DATES Cit_ti- 2-‘4_ )).--P-i/AA)) MET eripa •-• • • TIME/ . ... DATE. DISCUSSED REQUESTED.PROMISED FOLLOWMITATES 4rivii__ . .Ai 9/2.). 2.-. .1 I. A 0 , 0...- /.0/. - At ••• - .// 3. 4. ... 7A2d/e V . „a. 4 , -- i , ir , --- ‘ . • / "IN iire4 11- 1 I7 piA y a-,ez-t- --.6-4i . a,/ a--met____ ,.. 2. 4. y.tivi, _iyzef - / a_Lti-L-f,-o / 3 i , A_ea.4, 14 /2-Lg aa_,2.47-L, eili-ew IT./.1.2$7_,, 2. 7 / a • •• , .6 ,, : i.,, ,..:g, ;,,,, ,,,,,,!..L., ,-.,y ii. . th;; A,! .:,;iii" .._ ....41 ,- .•,, , -:::,:.,. • ,.z.•;,-;: :.,.::-,;: i.. .. , v443.-',-4.4-44tic Te-i3-?-,zir7. - e.,:-.7:- -...z,:. ;. :.,;,, 2. • '' ' ' -.'•: - "," , ,i,71- .: ,-;.;'.:s...:,'.: .•;e7(iii -,i: =\: w ,:i ;_ IV.: .•4: ,; ,,.:,i.:_:. ,,, „. '• t _.,:4.',;? ;ci.. ;:.:::4 ci:..,.. .7b-Y1,fii7F,.::',..1 •'', 74.S*44,,Wilft ./itit., C / ),,45, -•,:-.-- :44n;IF i'-' ':.'f:.'. :' 3. 4. -' 1e2:-4441 ij-tg 4 i 0, A10:41 51-;.) .. i / e ,r ) 1. 2. 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N OFFICIAL USE ONLO) rILKES.T.LER,_F_(B_GOGGINS.)-5595-LT 142-2-16 E- _ CONVERT SFD TO DENTIST OFS &ACCY / LABEL (4) I APT-APT USE 11535 MAIN RD MATT RO /cTY TAX MAP (8) NEIGHBORS CIRCLED (RED) AND TAX #'S WRITTEN /ASSESSORS CARD (7) PULL NOD FROM BD - 1 ON FLDR RT SIDE RUEA RC H PRIORS (6) (0V11/ INDEX CARD - MAKE NEW OR ATTACH /ADD ON TO OLD IF PRIOR SOIL & WATER LTR: PARCELS ON LI SOUND- Mail ASAP • PB MEMO: GET COMMENTS FROM CHAIRPERSON (COMMERCIAL / SUBDIVISION / LOT LINE / SCENIC BYWAY) / INSPECTION PACKET _ V pSIGN (S) / MAILINGS: CVR LTR, SIGN, AFFS SIGN PSTG & MLG, LN COUNTY PLANNING LTR UPDATED: NEW INFORMATION: ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF MAIN OFFICE: North Fork Bank Building, 1st Fl. ' Corner of Main Road & Youngs Avenue, Southold • October 27, 2004 Re: Chapter 58 — Public Notice for Thursday, November 18, 2004 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Long Island Traveler-Watchman newspaper. 1) Before NOV. 5th: Please send the enclosed Legal Notice; with both a Cover Letter including a contact person and telephone number, and a copy of your Survey or Site Plan filed with this application which shows the new construction area, CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall (631 765-1937) and the County Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability and to confirm this in either a written statement, or at the hearing, with the returned letter. AND by NOV. 10th: please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and return it with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board at the hearing and return it when available. These will be kept in the permanent record as proof of all Notices. 2) By NOV. 10th: please make arrangements to place the enclosed poster on a signboard such as plywood or similar material, posting it at your property for at least seven (7) days. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please also deliver your Affidavit of Posting at the meeting (or earlier if possible). If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Ends. J (CV `\\ ZONING BOARD OF APPErilS Office Location: Annex Building on Youngs Avenue g Mailing Address: 53095 Main Road, Box 1179 Southold, NY 11971-0959 - Emails: Linda.Kowalski(a,Town.Southold.ny.us or Jessica.Boger(Uown.Southold.ny.us Web site http://southoldtown.northfork.net (631) 765-1809 ext. 1 fax (631) 765-9064 029 a/ fL TRANSMITTAL To: ,), . . DATE: /1 I / /2004 REF: Hearing Date: 1/ 1 /t1 6 Appl. of it i;1r,t.62,J (x ) Info attached for your information and review. Lite;/(11 06-lezi Co- eiv-0-.. AT t} /L ' .., .u�AzIa,t, : Si. ,.....xs.„,_ r. . Thank you. Pages attached: 3 . *-b4 4 02-,_..a '`1-------P . /9a - d- / l- / s / 7 I ; a.-3 6 NUTk4LUF Jt�► ;FNS A public hearing will be held by the Southold Town Appeals Board at Town Hall , 53095 Main Road , Southold, concerning this property: NAME : DR . F . KESTLER # 5595 REQUEST : LOT SIZE FOR MORE THAN ONE USE (VARIANCE ) PROJECT : SP . EXC ./APARTMENT over OFFICE ; RO ZONE : 142-2- 16 DATE : THURS NOV 18TH 1 : 05 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between the hours of 8am and 3pm . ZONING BOARD - TOWN OF SOUTHOLD - 765- 1809 • r�. NEW YORK STATE DEPARTMENT OF STATE Local Law Filing 41 SPATE STREET,ALBANY.NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. County City Town of SOUTHOLD 4444.. Ofjy- Leet AW NO. 10 _ 2003 ,-01- ‘* 66xv- l (1) ,"k '` \ - TOWN OF SOUTHOLD A Local Law entitled, "A Local Law in relation to the Hamlet Business(HB) District in Chapter 100 of the Zoning Code of the Town of Southold" BE IT ENACTED by the Town Board of the Town of Southold,as follows: I. Purpose-To provide alternative uses for business properties, and to provide the community with alternative housing opportunities within the hamlet centers. II. _ •. .ter 100 of the Zoning Code of the Town of Southold is hereby amended as follows: § 110-91. se regulations. In th- -i= •istrict,no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged,intended or designed to be used, in whole or in part, for any uses except the following: A. [Amended 5-9-1989 by L.L. No. 6-1989; 5-16-1994 by L.L. No. 9-1994; 2-7-1995 by L.L.No. 3-1995] Permitted uses.The following are permitted uses and, except for those uses permitted under Subsection A(1), A(2) and A(20)hereof, are subject to site plan approval by the Planning Board: (1) One-family detached dwelling, not to exceed one (1) dwelling on each lot. The dwelling must be occupied by the owner of the property. (2) Two-family dwelling, not to exceed one (1) dwelling on each lot. The dwelling must be occupied by the owner of the property. (3) Buildings, structures and uses owned or operated by the Town of Southold, school districts,park districts and fire districts. (4) Boardinghouses and tourist homes. (5) Business,professional and governmental offices. (6) Banks and financial institutions. (7) Retail stores. (8) Restaurants, excluding formula food and take-out restaurants. [Amended 5-16-1994 by L.L.No. 9-1994] (If additional space is needed, attach pages the same size as this sheet,and number each.) DOS-239(Rev 11/99) 1 - (9) Bakeshops(for on-premises-retail sale). ' (10) Personal service stores and shops, including barbershops,beauty parlors,professional studios and travel agencies. (11)Art, antique and auction galleries. (12)Artists' and craftsmen's workshops. (13) Auditoriums or meeting halls. (14) Repair shops for household,business or personal appliances,including cabinet shops,carpenter shops, electrical shops,plumbing shops, furniture repair shops and bicycle and motorcycle shops. (15) Custom workshops. (16)Bus or train stations. (17) Theaters or cinemas (other than outdoor). (18) Libraries or museums. (19) Laundromats. (20)Bed-and-breakfast uses as set forth in and as regulated by§ 100-31B(14). (21) Multiple dwellings. B. Uses permitted by special exception by the Board of Appeals.The following uses are permitted as a s cial exception by the Board of Appeals as hereinafter provided, subject to site plan approval by the Planning Board: .��(1) Any special exception use set forth in and as regulated by§ 100-31B(3)to (6) and(13)and(14) of the Agricultural-Conservation District. (2) Motel and hotel uses as set forth in and regulated by§ 100-61B(4) of the Resort Residential (RR) District, except that minimum lot size shall be three(3) acres. [Amended 7-31-1990 by L.L. No. 16-1990] (3) Boarding and/or tourist homes as set forth and regulated by § 100-61B(5) of the Resort Residential (RR) rr' rstrict. [Amended 2-7-1995 by L.L. No. 3-1995] 4 Fraternal or social institutional offices or meeting halls. (5) Drinking establishments. (6) Public garages. (7) Funeral homes. (8) Flea markets. [Added 10-17-1995 by L.L.No. 21-1995] (9) [Added 5-16-1994 by L.L.No. 9-1994] Takeout and formula food restaurants, subject to the following requirements: (a) Adequate parking shall be provided in accordance with that required by Article XIX,Parking and Loading Areas, of this chapter. All parking spaces shall be located within reasonable walking distance of the site or three hundred (300) feet,whichever is less.The improvement or development of municipal parking may be used to satisfy this requirement. The adequacy of municipal parking shall be determined by the Planning Board as part of its site plan review procedure by conducting a parking survey of the capacity of the existing municipal parking area to accommodate the projected increase in usage due to the introduction of the subject land use. (b) An assessment of the potential traffic impacts of the proposed use must accompany the long environmental assessment form.The appropriate mitigation measures must be incorporated into the site plan. (c) There shall be no counter serving outdoor traffic via a drive-in, drive-through, drive-up, drive-by or walkup window or door. (d) Exterior signage shall conform in all respects to Article XX, Signs, of this chapter and, further,may not be lit from within. (e) Advertisements, including trademark logos,may not be affixed,painted or glued onto the windows of the business or onto any exterior structures,including waste disposal receptacles and flags. (f) The physical design,including color and use of materials,of the establishment shall be compatible with and sensitive to the visual and physical characteristics of other buildings,public spaces and uses in the particular location. 2 c .) ZONING BOARD OF APPEALS Office Location:;;Annex Building on Youngs Avenue .q if9A1►/ I Mailing Address: 53095 Main Road, Box 1179 r0 Southold,NY 11971-0959 Emails: Linda.Kowalskina Town.Southold.ny.us or Jessica.BogerATown.Southold.nv.us Web site http://southoldtown.northfork.net (631) 765-1809 ext. l (ik7PA6/1 ) fax (631) 765-9064 FAX TRANSMISSION DATE: YL/x21/0 TO: WI iL1'C2/4_ C. Gaayinss, PSCC _ (Z9 i- `f111 F2x) ZBAFile# 556'5- - 5Ef ,4PP&/91L C /Pr Prvp�� Date of Building Inspector Notice of Disapproval: ( The application is incomplete for the reasons noted below. Please furnish seven (7) sets of the following: /D (1() Please furnish seven (7) sets of the following (within about 7 hays, if possible in order that the application can be advertised for the public hearing calendar date of : N v . l8 ). The advertising deadline is 22 days before the meeting date. You may forward the information by fax at 765-9064, however, please send the original and six sets by mail or by hand. Thank you. ( ) The map submitted does not match the information on the Building Inspector's Notice of Disapproval. Please submit the amendments dated directly to the Building Department for review, and if an amended Notice of Disapproval is issued, please furnish seven (7) copies with a cover letter confirming that the amended relief that is being added or revised in your request for variance(s). Thank you. ('} Missing information- Rease atin see g-7791/m sHf ET7 OTHER/INFORMATION REQUESTED,when possible(7 sets with cover/transmittal sheet): cl 1) ( )C) Filing fee$X0, Check amount was: $ t'oo . Please contact our office (or send new check). F31 seta,yD/119,i-let.Ti v ro , (fip R_ *(dpp -/- -0.1 ( ) Available survey showing existing property/building details,with licensed surveyor information. It) ( 9 Architectural map or updated survey showing dimensions of existing and proposed new construction areas,setbacks to property lines,and building lot coverage calculations. ( ) Rough diagram or sketch with building height(#of stories and distance from ground to top/ridge detail (and mean height, if known); also landscaping proposed in the area of the construction. (c,—Letter confirming status and date of revle by other involved agencies for presubmission comments, or copy of up-to-date agency actio w ,era r 1-D 14- -0 -e-,071.7 61/1/61 " 'a IV A i up-to,-date Cf/ 7'a ,9/v D -dJie/72.c ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section 100-23D-4), and copies of deeds dating back to creation of original lot lines for this property. (V) 67T-Acii 64) 5118- 7-) Thank you. { T ATTACHMENT TO ZBA NOTICE OF INCOMPLETE APPLICATION: Re: Appeal and SE#5595 —Frances Kestler Applications CTM 142-2-16 > Special Exception form attached for your use in requesting Apartment use over business and professional office (instead of the application form submitted for an Apartment as an Accessory to an Existing Residence). 0..111;V➢ (7) Diagram of the floor layout with use of all rooms identified for each occupancy, on alll floors. (Rough diagrams will be accepted for initial reviews.) � 1� Pj (7) copies of CO for the existingoffice use noted inyour application, and copyof PreCO of ll`�' p PP G record, for all buildings. ➢ (7) copies of a site diagram showing the entrance and exit areas, and parking for the uses 141'(.0\.6 I/ and existing, with name of preparer, scale and date prepared for reference; also please note use of both buildings, and area of proposed apartment and office use. ➢ Reasons for Appeal do not match the information in the Building Department's file last 6e- / updated June 30, 2004; the February 2004 Notice of Disapproval is not in effect as per ctjo/a-'21 information received from the Building Department. Please attach basis of the Appeal with 6/3616 y determination of the Building Department and copies of all submissions and responses from AL n the building inspector relative to building permit or other town application. The appeal is /� required to be complete before the appeal may be prepared and noticed for a public hearing. • TOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION Application No. Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: I (We) , of (Residence, House No. and Street) (Hamlet, State, Zip Code, Telephone Number) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE , SECTION , SUBSECTION for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): A. Statement of Ownership and Interest, property known and referred to as is(are) the owner(s) of (House No. , Street, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section , Block , Lot(s) , which is not (is) on a subdivision Map (Filed "Map of " Filed Map No. and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on B. The applicant allegesthat the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: C. The property which is' the subject of this application is zoned and [ ] is consistent with the use(s) described in the Certificate of Occupancy being furnished herewith. [ ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s) : [ ] is vaunt land. COUNTY OF SUFFOLK) STATE OF NEW YORK) ss. : TSignature) Sworn to befpre me this day of 19 (Notary Public) ZB2 (rev. 2/ /86) • • r. AN ORIGINAL AND SIX COPY SETS OF YOUR INITIAL APPLICATION AND ALL FUTURE DOCUMENT SUBMISSIONS, INCLUDING A COVER LETTER, ARE NECESSARY FOR A TOTAL OF SEVEN (7). WE THANK YOU IN ADVANCE FOR YOUR UNDERSTANDING. Effective: September 2001. F 765-1809 SOUTHOLD. TOWN BOARD OF APPEALS INSTRUCTIONS FOR SPECIAL EXCEPTION APPLICATIONS Please submit the following, by mail or hand delivery: 1. Application, typed or neatly written, signed by the property owner and notarized to include a description of the use and activities requested in this Special Exception. 2. Environmental Assessment Form (Short or Long Form) completed and signed. The "long form" may be requested after inspection of the property. 3. Z.B.A. Questionnaire. {If "yes" box is checked, please add additional information.} Please complete and sign. Attach copy of contract of sale if • one is in effect. 4. Copies of: (a) sketch/building floor plan with height of new structure and location of entrance doors; (b) up-to-date Certificate of Occupancy of record issued by the Building Inspector; (c) current deeds are necessary for subdivision projects or projects on vacant land. ' 5. Original survey and six duplicates (Other sketches may be acceptable for setback projects); showing all setbacks of existing and. proposed structures, patios, driveways, wetland areas, square footage and dimensions of lot, dimensions of new construction, fences, tanks, overhangs, , etc. (If your project involves total lot coverage at more than 20% ofearea of the lot, please provide lot and building square footage calculationd.) + 6. For new construction, please flag outside corners for on-site inspections as early as possible. *Photographs of flagged construction areas to be submitted at least 14 days before the expected hearing date. If wetlands are nearby, please give distance between new proposed construction and nearest wetland grass, and delineate on maps. 7. $400.00 Filing fee check payable to the "Southold Town Clerk." for refunds may be made prior to the advertised hearing date.} {Requests A copy of the hearing notice published by our office will be forwarded to you approximately 12 days before the hearing date. At that time you will :be requested to send copies by certified mail, return receipt requested, to all surrounding property owners. Also PLEASE NOTE - if your project: 121 involves freshwater or saltwater wetland areas, please be sure to file applications with the Town Trustees and N.Y.B. Department of Environmental Conservation {subdivisions included} and provide proof of filing or a copy of the SEQRA determination from the Town Trustees; when available; abuts other property you own, please provide us with copies of all /deeds {a single-and-separate title search for substandard lots may be,requested if / all deed copies are not submitted}; 121 involves an increase in density. or IIeL construction in a commercial;zone, please be sure to submit your maps'gand/or file an application with the Planning Board in order that you may make whatever changes are necessary to your plans before the hearing on the variance. ATTN: If your plans are amended after the ZBA determination and which amendment affected the size of the building, or a modified use, you may,be required to file the new, amended plan with the Z.B.A. and submit an amended applicatien.• Your early review with, and written comments from the Planning Board on your "final" plan would prevent this from occurring - particularly when the size of a buil increased. ding is later Rev. 1/88, 5/13/91, 11/1/93, 3/97 • • SPECIAL NOTE: If your project involves a lot which is substandard. in size, it is our understanding that the Building Inspector will 1:10,i•requiring a .variance for the reason that an additional use is being • added to the property (example: apartment and new business office y non-residents}.. 'Please apply to the Building Inspector's .office: • for a Notice of Disapproval as the first step. • .,„ imp Q • SS ou.inoi.„„ yonit• 0 , - ,AOTION;OF TF,DNING.IIOARD. OF APPEALS- AN 2714 • Dated 6/24/80' • ACTION:OF•THE"4.offffig BOARD'OF APPEALS-OF nth TOWN OF SOUTHOLD • • _ . • Twin )i'ork''Tir0) • Appellant 'JOP.0 Box L33, Sonnd Arenueatitick .• amitte.,t4i4 f t ; ç :. oAppeais on ,4ulg 24,. 198Q- the appeal coraticlere**Eirki,tlia,aciicei'indiO44.beiOw was'taken on your .( 1,111%110st:if& iOlpisigcod:116-0-1.1/4F,of,aci7t?s;,to property ' .• *Citig#tor a specal exception Under the.Zoning Ordinance • - 06-Reohest thr variiiribekt•thideidiag;OrdinaneeArt. Vi, 'Section, 100-30C .1. . . 1.1:g**(200001.1dimitizit0y44iiiiikOPtacwwrra it was dete.riiiined that a special exception ( ) be granted dented.:purstiant to Article Section Subsection • paragraph ......•Of'<the Toning-cirdiikanee'and..the-decitioh of'the Ettiiirling-•Inspector. .( j be.reversed ( )• be cokirtned*KtiugAr -Application of Twin FOrk Tire, Sound -Avenue, Matti- tuok, New.-:Yorkfora Variance to• the- oiling.-Ordinance, Article VI, SOtion I•Qi". .6()C for Permiss-ion to ere-ct :sign, advertising off-the- p:r.eniteesibnsineSs-, Location of propety.: Main Road Road and Pacific S7.-.reet, 3Niattituak, New York; :hounded north hy-Rysw.yk,and O'Neil, west 10y :p.itzta.x,eil.i, Solith by'Main AOad, east by Pacific Street; COunty Taa.r-.1,4ap Item No. .1000.-r142-2-1:6.. :(SEE REVEgSE SIDE) ' 2. • • • . • • . . . • • . • VAELLANCEi By Teiolution,of the'Board--It was determined that (a) Strict appliCatioñ.of the Ordinance i(would) (would not) produce Practical difficulties or. unnecessary bgirdshity,because (SEE REVERSE' SIDE); , (b.) The hardship.created (I.) (is.not) unique.and (would) (would not) be.shared by all Properties 'alike in the Immediate vicinity of this property and'in the same use district:because .(SEE REVERSE_SIDE) (c) The variance (does) (does not) 'Observe- the spirit of the Ordinance and (wOuld) (would not) change the character of the district beim*. ' (SEE. EVERSE SIDE) " ',Oct therefore;it was,further determined that the irequested variant*.•( ) be granted .( ) 'be denied and ' that the previous decisions of the Building Inspector ) be confirmed ( ) be reversed. • -ZONING' BOARD OF APPEALS i• FORBUTO34 . cX.,;(44f..).iWee-111743'41/ • 7 „_. • • _ _ • . investigation and personal in on, the Board finds that appli . s requesting permission to ere t a sign on property of Joseph Mileska, located on the north side of Main Road (State Route 25) , Matti- tuck, fot :direotiOnal purposes of Twin Pork Tire. The Board finds that - the subject property is' 'zoned in whichSigns advertising on-the-Premises business normally are permitted. The Board finds and determines that the Use permitted herein; (a) will not prevent the orderly and reasonable use of adjacent properties ot of properties in'adjacent use districts; (b) will not prevent the orderly and reasonable use of permitted or legally estab- lished;uses in the district whereinthe ptOPosed use is to be located., or of permitted or legally-established uses' in adjacent use districts; (0) will not adversely affect the safety, health, welfare, comfort, convenience or order of the town; (d) will be in harmony with and promote the general purposes and intent of thezoning, ordinance of the' TOWn Of Southold; (e) will not Change, the character of the , ' neighborhood: On motion by Mr. Grigonis, seconded by. Mr. Goehringer, it was RESOLVED, that TWIN FORK TIRE, Sound AVenue, Mattituck, New York, be GRANTED .a Variance to the Zoning Ordinance, Article VI, pection. .16940C fok' petMission to erect 'an 'Off-the-premises-directional sign, OBJECT 'TO THE FOLLOWING CONDITIONS1. Said sign shall continue- only as long as the Property owner's consent is in effect. 2. Said sign permit is terminable at once at the :direction of the_Bbatdof Appeal . 3. 'The'purpose of said sign must be directional in the.'public interest as distinguished from advertising of products or services. 4. Said sign shall not exceed the size of four feet: by six feet (4E-x 6') . 5. Said sign shall not be erected Prior to receiving Suffolk C.Ounty 'Rlahhing Commission recommendations, if any.. 6. Said sign shall not be less than five feet (5') from any property line; the bottomedge of said"si4n shallnot'be less than four feet (4') above ground. 7„ Said sign shall not be illuminated, O. Said. sign permit hereby authorized shall in no event be in effect for more than three 'years except by approval of this Board - after receiving a formal written request thereafter, and provided said sign. Complies with all the conditionherein. 9. Said sign shall comply with the rulesand regulations, of the Federal Highway Beautification Act and Federal Funding Laws for. Highways, when applicable under the' circumstances. Location of property: North side of Main Road (State Route and west side of Pacific Street, Matti-tuck, New York; bounded north by Ryswyk-and O'Neil, west by Pizzarelli, South by Main Road, east by Pacific Street; County Tax' Map Item No, 1000,142-2-16. Vote of the Board: AYeal Messrs. Grigonis, Doyen, Tuthill, Dou.lass .. A4; 4 • RECEIVED. AND FILED BY * •,7.,Zw• .APPROVED THE'SOUTHOLD lowN CLERK ir DA HOUR hairrria n.Ooirtir: Appea- • t!, SPA kvag . .41 • ---- 3.0. /' 74,41** /0 ./ • . - ; ••• Town.Clerk, Town of Southold . . AFPEALIS BOARD MEMBERS Southold Town Hall Ruth'b. Oliva, Chairwoman 53095 Main Road_ Gerard P. Goehringer P.O. Box 1179 Lydia A. Tortora Southold, NY 11971-0959 Vincent Orlando Tel. (631) 765-1809 James Dinizio, Jr. Fax 765-9064 http://southoldtown.northfork.net • BOARD OF APPEALS TOWN OF SOUTHOLD REPLY FORM DATE: '`fb 9/b 4aiao.d y /� ` C 4 TO: �rZiLQ— C'. 9li>v% l�� o2 gra-4/au , P-fd-,)-1 3 o x 4 ZBA File# N/,4 - , > _ � � � ! _.__`AY ,off � • - V Date of Building Inspector otice of •isapproval: mar' ,q y /. xs•t on O.el ter .t,9ts2 ec�.(//uy4.✓. (VI The application is incomplete for the reasons noted below. Please furnish seven (7) sets of the following: ( )Tease furnish seven (7) sets of the following (within about 7 days, if possible in order that the application can be advertised for the public hearing calendar date of : ). The advertising deadline is 22 days before the meeting date. You may forward the information by fax at 765-9064, however, please send the original and six sets by mail or by hand. Thank you. ( ) The map submitted does not match the information on the Building Inspector's Notice of Disapproval. Please submit the amendments dated directly to the Building Department for review, and if an amended Notice of Disapproval is issued, please furnish seven (7) copies with a cover letter confirming that the amended relief that is being added or revised in your request for variance(s). Thank you. T (/Missing i formation–: � C EE. C Ct Q '424C--. • OTHER/INFORMATION REQUESTED,when possible(7 sets with cover/transmittal sheet): ( ) Filing fee$ ; Check amount was: $ . Please contact our office(or send new check). ` � (4-0a-r.�-L, - ( V) Available surveylshowing existing property/building details,with licensed surveyor information. ( ) Architectural map or updated survey showing dimensions of existing and proposed new construction areas, setbacks to property lines, and building lot coverage calculations. ( ) Rough diagram or sketch with building height(#of stories and distance from ground to top/ridge detail (and mean height, if known); also landscaping proposed in the area of the construction. ( ) Letter confirming status and date of review by other involved agencies for presubmission comments, or copy of up-to-date agency action. ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section 100-23D-4), and copies of deeds dating back to creation of original lot lines for this property. ( ✓) .lelt-at cit*v - ` 'S - Acr.a.�. 4 ,5 -.40-0 Ino-�� .rC4l o.a • .P) a • e ,AWAIINMWAraZinrill _ - Thank you. g"c4s!0.) y)624,,LivicL • - � 2.t3r9 • • 410 • AN ORIGINAL AND SIX COPY SETS OF YOUR INITIAL APPLICATION AND ALL FUTURE DOCUMENT SUBMISSIONS, INCLUDING A COVER LETTER, ARE NECESSARY FOR A TOTAL OF SEVEN (7). WE THANK YOU IN ADVANCE FOR YOUR UNDERSTANDING. 61/4? Effective: September 2001. • sp&-c4 41- GNit= scPrr43ctsi"re4c Zz)ne✓�s) 1. Application FomAtyped or neatly printed. {Your application will be read during the hearing.) Include the following information: a. House#and Street,Hamlet,Subdivision Name and Subdivision Lot Number(if any),County Tax Map District,Section,Block,Lot Numbers. b. Please indicate Zone District(from Town Zoning Map). c. Please include current owner's name and address(if different from applicant). 1f applicant is not one of the owners,you must furnish written authorization to act as the owner's agent,and written Disclosure showing your interest and any others,in thesubject property. 4t a date in the near future,you will receive a letter asking that the next step for"Notice to Surrounding perty Owners" under Ch. 58 of the Town Code be followed. You may wish to confirm current landowners' mailing addresses according to the assessment/tax records (located either at the County Center Real Estate Office in Riverhead, or Southold Town Assessors Offices. The list of names should include landowners(vacant or improved land)located across your street, right-of-ways,and opposite all sides of your property. 3. Please submit one copy of your Certificate of Occupancy of existing land and structures lee Jentismult#4,84,together with a copy of the current Deed of the premises showing proof of owners. The Rc4a1t FLGoe 4. An original and six prints(total 7)ofisilding plans of existing dwelling drawn to scale and signed by preparer showing: a. square footage of dwelling floor areas; and b. livable floor area of proposed apartment(must be not less than 450 sq.ft. and �o i r c. Apartments may not be added to separate buildings and must be in the main�v 1iing 9 d. if cottages or separate rentals exist on the property, please furnish copies of C.O.'s for all structures. 5. Original and six(6)prints(total 7)of available survey showing all setbacks of existing structures and uses of all structures,together with parking area with at least three spaces(minimum size: 9 ft.x 18 ft.for each space). 6 . $400.00 filing fee(payable to Southold Town Clerk). Please either mail or drop off your application forms. Your filing receipt will be mailed later to you after review and acceptance by ZBA representatives. After reviewing your documentation,notification will be sent to you by mail or fax confirming the expected date and time of the public hearing (at which one property owner-resident must attend). A notice for posting of the hearing date will also be available for pick up about 2—3 weeks before the hearing. ZBA ice may call for an appointment to see the layout of your home. Please be aware that an Accessory artment Permit is not transferable toa future owner, and the future owner must reapply. An annual iewal and inspection is required by the Building Department. Please feel free to call either 765-1809 or the Building Dept.at 765-1802 if you have any questions concerning these procedures. eT r r „it %1 Town Hall,53095 Main Road y � �y. rrr Fax(631)765-9502 P.O. Box 1179 l�,,l, Telephone(631)765-1802 �� Southold,New York 11971-0959 ,Gy.Q1 * BUILDING DEPARTMENT TOWN OF SOUTHOLD MEMORANDUM R ECEWED TO: The Southold Town Planning Department Staff MAR 1 7 2004 The Southold To. Zoning Bo d of Appeals Staff ZOf' NG BOARD or APPEALS FROM: Damon Rallis, Permit Examiner, Building Department DATE: March 17, 2004 IMPORTANT NOTICE Project: Kestler Location: 11535 Main Road, Mattituck,NY SCTM# 100—Section 142 - Block 2—Lot 16 Please be advised, the attached Notice of Disapproval is incorrect and has been deemed null and void. Upon filing, the applicant gave false or inaccurate information about the referenced property. Please do not accept any applications regarding this property without a new Notice of Disapproval from this office. Thank you for your time and consideration. D. s on Rallis 4111) 00\1 a q FORM NO. 3 13 135A/L 0� NOTICE OF DISAPPROVAL ept\ DATE: February 20, 2004 TO: William Goggins AIC Kestler 11535 Main Road I Mattituck, NY 11952 illiEC2 "4 En Please take notice that your application, dated February 17, 2004 2004 FEB 2 0 19 For permit to construct accessory apartment above an existing office at Southold Town Location of property: 11535 Main Road, Mattituck,NY Planning Board County Tax Map No. 1000 - Section 142 Block 2 Lot 16 Is returned herewith and disapproved on the following grounds: The proposed construction, on this parcel in the RO District, is not permitted pursuant to Article VII. Section 100-71, which states, "B. Uses permitted by special exception by the Board of Appeals... (1)Apartments may be permitted over business and professional offices as regulated by § 100-91B(4)(a) through(f), inclusive. Structures shall be set back at least one hundred (100) feet from the right-of-way" Special exception approval is required. The proposed expansion of the existing parking lot is not subject to site plan review. Autho e6 Signature ray.. `"P__141-za.i5 Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. CC: file, Z.B.A., Planning Department Y . 2\ . . J 1 \( 1 Cr L sTPrFf . A--5-15, i ./..\ H As -is 7„..)v..._... , ( f.'' s g 49(.>0'7- EA 3_6,F 1I ' 3z i , c .. LAO �.� s F!SES �, . I 01 r Y t � y , alai ii-i.-18-111 . II. _j\ . ' _, I t y ~ .,45-/6 /, . \---r- , C -'S• C - • 4, . • . , r S r----------=_ ...,._______I , , H 1 _....... . . . . . . .. _ . , SEP 2 , 2004 SCALE: 714'1= /tO it APPROVED BY: DRAWN BY i�4 I %� DATE: oy 7,n; ; X4-5--Lek. DRAWING NUMBER 06. ' 11110111111. SITE DATA ._ .- -___-___ SLIRVEY O ' LOT AREA:22,406 SQ.FT. =0.506 ACRE 250125 O 250 560 750 1000 1250 1500 1750 DESCRIBED. PROPERTY CURRENT ZONING:RO-RESIDENTIAL OFFICE S!TUA T i' T SOUND AVENtJ� KEY MAP (A., PARKING CALCULATIONS: REQUIRED 5 STALLS/DENTIST(1 HANDICAP STALL INCLUDED) .I tUTA TTl TUCK APARTMENT: 1 STALL j ; SCALE: 1"=5G0' c, k' COTTAGE : 1 STALL t TOWN OF SOUTHOLD TOTAL: 7 STALLS ;r SUFFOLK COUNTY, NEW YORK PROVIDED: 7 STALLS(1)HANDICAP STALL INCLUDED i , — iS.C.T.M. DIST. 1000 SEC. 142 BLK. 02 LOT 16 10 5 0 10 20 30 40 50 60 70 80 90 ��G``�a'�°" SCALE: 1"=20' DATE: SEPTEMBER 24, 2003 s . /,‘ ; 1 �cr CPQ 1. L s / `rte nP\��" OWNER OF RECORD: -\, MARYELLEN REINHARDT 11535 MAIN ROAD MATTITUCK, NEW YORK 11952 ` , CREEK Fi i. ,I Sr--Ec�ti - __ ; 1,x ti ROqD I m b m 1:+ z iii 1 ?: i;W,i ;1 , i i '. •i , . f\ 0 oi l' r ; 'C'Isk,\°\'PGXp� �-` �A �� °z :\ Z GAO' �'" , o0, 3orSID ' C�� \ nti 2 �\ 7, °It co-,-4::::r1A,z, C&C.‘st''' .0 O. �;Pmoy � O s, 0 /p4� � Z 0 LP ' fi/ '-`2 c5` Vcn. �G � . _ . ty \'-- _�E,- 1'/' ,o p`.rO� . !' o perk) '�sem -\ �O-' ' ' 9�.,''" cP \ �� -0- P,o �9� j ��.- \ `.,. 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MAP NO. ,,_ ' r JFILED: C;'.; P Q REVISIONS ::b`'% r....� ..�e.,a. sh ,(t.1`/c-0 I' 0�� h� ` - ' or\G i l' ` 0 \ !\N- • • ' i \\T',„‘' •\c a • ,' 4. \ar r r,,..',f, I l �1 e/�•A "- LICENSE NO. 050363 HANDS ON SURVEYING 46 NORTH ROAD • HAMPTON BA YS, NEW YORK vi- 4.f 11946 ` TEL:(631)-723-1954-FAX:(631)-723-1329' ' MARTIN D. HAND L.S 1 . .. . j