Loading...
HomeMy WebLinkAboutZBA-06/28/1995 SPECAPPEALS BOARD MEMBERS 9erard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio. Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road EO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 MINUTES-RESOLUTIONS SPECIAL MEETING WEDNESDAY, JUNE 28, 1995 7:00 - 7:15 p.m. Informal Work Session and review of pending files. No formal action was taken during this time. The Chairman called the Meeting to Order at 7:15 p.m. The Regular Session with Public Hearing were heId in the Court-Meeting Room of the Town Hall, 53095 Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman (from Mattituck) James Dinlzio, Jr., Member (from Greenport) Robert A. Villa, Member (from Peconic) Lydia A. Tortora, Member (from Mattituck) Serge Doyen, Jr., Member (from Fishers Island) Agenda Item I: 7:9.0 p.m. Continuation of Public Hearing carried over from June 7, 1995 in the Matter of: Appl. No. SE-49.46 - LKC CORP. (also referred to as Ocean City or Jasta, Inc.) This hearing is a continuation from June 7, 1995 and is pursuant to a determination of this Board of Appeals dated June 13, 1994, to consider the use and operation of the establishment known as "Ocean City" in which the Special Exception use will expire on July 31, 1995 for the previously requested drinking establishment under the provisions of the Zoning Code at Article XI, Section 100-101B, subject to additional specific conditions and requirements pertaining thereto. The premises is known as 6955 Main Road, Laurel (near the intersection of Bray Avenue, Old Main Road, and Main Road, Mattituck), and is located in the B General Business Zone District. Property ID No. 1000-122-6-26. Please see written transcript Of comments and questions during the public hearing which has been prepared under separate cover and filed for reference purposes with the Office of the Board of Appeals, and original with the Southold Town Clerk's Office. Frederick Meyer appeared as attorney for the owner. Following receipt of all testimony, motion was made by Chairman Goehringer, seconded by Page 2 - Minutes and Resolutions Special Meeting of June 28, 1995 Southold Town Board of Appeals Member Tortora, and duly carried, to conclude (close) the hearing, pending deliberations at a later time. This resolution was duly adopted. Agenda Item II. OTHER/RESOLUTIONS: A. Board resolution for response to Building Inspector's letter pertaining to Accessory food service establishment under SE# 4128 BREWER'S YARD AT GREENPORT, INC. in Greenport. Each Board Member received updated communications from Arthur Tasker, Esq. in his request for the Board to consider possible claim.g of improper use and claims of disturbance for the "Salamander Cafe" at the marina. The Chairman read Mr. Tasker's letter into the record. The Chairman indicated that an interpretation is necessary of the condition referring to "marina patrons." For interpretations, it is the policy and in the "rules of conduct of the ZBA" that a public hearing is required, and in the absence of an application, the board may opt to reconsider former action taken on its own motion. There was no application other than the letter from Mr. Tasker. Based upon Mr. Tasker's personal observances and information submitted, the Board took the following action: On motion by Member Villa, seconded by Member Doyen, it was RESOLVED, to advertise and hold a public hearing to consider all testimony regarding Mr. Tasker's claims in the Matter of SE Appl. No. 4128 BREWER'S YARD AT GREENPORT, INC., and that the same be advertised pursuant to law for a public hearing to be held on August 9, 1995 to consider and confirm use and its present operation (s). Vote of the Board: Ayes: Members Doyen, Villa, Goehringer and Tortora. Nay: Member Dinizio. This resolution was duly adopted (4-1). Agenda Item II-B: The Members reviewed recent documents submitted at the Hearing held June 7, 1995 and follow-up letter to applicants by Secretary or Chairman prior to reconvening on July 12, 1995. Re: Barbara Miller project at Paradise Point. No action was taken at this time. Page 3 - Minutes and Resolutions Special Meeting of June 28, 1995 Southold Town Board of Appeals Agenda Item II-C. On motion by Member Tortora, seconded by Chairman Goehringer, and duly carried, it was RESOLVED, that tile July Regular Meeting be and hereby is confirmed to be July- 12, 1995, and the August Regular Meeting confirmed for August 9, 1995. Vote of the Board: Ayes: All. (5-0) This resolution was duly adopted. Agenda Item II-D. On motion by Chairman Goehringer, seconded by Member Tortora, and duly carried, it was RESOLVED, to authorize advertisement of the following applications, once deemed complete by the Chairman and Secretary, as required by law, for public hearings to be held on July 12, 1995, 7:30 p.m. Appl. No. 4316 - OSCAR AND BETH BLEVINS. This is a Variance based upon the May 11, 1995 Notice of Disapl0roval issued by the Building Inspector for permission to relocate dwelling and garage addition which will have insufficient front and side yard setbacks, Article IIIA, Section 100-30A.3. Location of Property: 640 Haywaters Drive (and Mason Drive), Cutchogue, NY; County Tax Map Parcel No. 1000-104-5-23. Zone District: R-40. 7:35 p.m. Appl. No. 4319 - YOSHIMASA OSATO. This is a Variance based upon the May 18, 1995 Notice of Disapproval issued by the Building Inspector for permission to construct an addition to dwelling which will have an insufficient front yard setback at 35 Sunset Way and 3250 Cedar Beach Road, Southold. Zone District: R -40. 7:40 p.m. Appl. No. 4318 - HENRY RUTKOWSKI. This is a Variance based upon the Notice of Disapproval issued by the Building Inspector dated May 31, 1995 for permission to construct an addition which will have insufficient rear yard setback and which places accessory garage in a side yard, Article IIIA, Section 100-30A.3 and Section 100-30A.4 (ref. 100-33). Location of property: 18275 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-115-2-11. Zone District: R-40. 7:45 p.m. Appl. No. 4321 - FRANK PALUMBO, as Contracl Vendee (Owner: County of Suffolk/Mary Murphy). This is a Variance Page 4 - Minutes and Resolutions Special Meeting of June 28, 1995 Southold Town Board of Appeals based upon the June 15, 1995 Notice of Disapproval issued by the Building Inspector for permission to construct dwelling with an insufficient front yard sethaek and within 100 feet of the Long Island Sound bluff or bank. Also requested is a Variance under New York Town Law, Section 280-A for mirdmum improvements for access by fire vehicles over a private right-of-way or Easement Area: Commencing at a point along the north side of Oregon Road, Cutchogue, along the westerly side of lands of Bokina, over lands now or formerly Baxter and others identified as Lot 1.9, Block I, Section 72, thence ex-tending northerly approximately 1035 feet to a point, thence running in an easterly direction approximately 375 feet to the applicant's parcel of land identified as Lot 3.3, Block 2, Section 73, District 1000, all as shown by survey dated June 7, 1995 prepared for Frank and LoUise Palumbo. 7:50 p.m. Appl. No. 4317 - EDWIN and DONALD TONYES. This is a request for a Special Exception under Article IX, Section 100-9lB, for permission to convert existing building in this Hamlet-Business (HB) Zone District from single-family dwelling to multiple-dwelling, or alternatively two-family dwelling with retail store. The subject lot with existing house contains a total area of 10,615 sq. ft. and is identified as 1000-62-1-14. The applicants also have an interest in an adjoining lot identified as 1000-62~1-13 containing approximately 10,500 sq. ft. in area which is being offered in this project to increase the available land area. Both lots are located on the north side of the Main Road, Southold, and are in the HB Zone District. 8: 00 p.m. Appl. No. 4322 - WILLIAM GORDON. Variance based upon the May 24, 1995 Notice of Disapproval of the Building Inspector where applicant is requesting permission to construct garage and deck additions which will have insufficient front yard setbacks. Ref: Article IIIA, Section 100-30A.3. Location of Property: 1030 Broadwaters Road, Cutchogue; County Tax Map District 1000, Section 104, Block 9, Lot 1. 8:05 p.m. Appl. No. 4320 (Proposal A & B, or Proposal C & D). EAST WIND DEVELOPMENT CORP. as the current owner of property located on King Street between Third and Second Streets, New Suffolk, NY, identified as 1000-117-8-6, requesting approval of one of the following two proposals: PROPOSAL I: A. Special Exception, Articie IliA, Section 100-30A. 2, for permission to establish Accessory Apartment use in conjunction with principal single-family use as provided by Article III, Section 100-31B(13). Page 5 - Minutes and Resolutions Special Meeting of June 28, 1995 Southold Town Board of Appeals B. Variance under Article III, Section 100-31B (13-e) for permission to utilize existing floor area for the Accessory Apartment at a ratio of approximately 50-50% (instead of 40/60%) as livable floor area. OR, Proposal I], as follows: C. Special Exception, Article /II, Section 100-31B-1 for approval of a two-family dwelling and related accessory uses in an existing "former supermarket" building . D. Variance under Article IX, Section 100-92 (Bulk Lot Size Schedule) for approval of lot area as exists of 21,430 sq. ft. for two-family use in this HB Zone District. 8:15 p.m. Appeal No. 4314 - JAMES and BARBARA MILLER, Contract Vendees. (Owners]Sellers: Paradise of Southold, Inc. and Others). Continuation of hearing carried over from June 7, 1995. Location of Property: 580 Basin Road, Southold, NY, Paradise Point Section One, Filed Map 3761 filed 4/11/63; also known as 1000-81-1-16.7 (formerly part of 16.4). E. Resolution on the following Unlisted SEQRA Actions: Appl No. 4320SE-A & C: East Wind Development Corp. Special Exception for Two-Family Use or Accessory Apartment Appl. No. 4320-B & D: East Wind Development Corp. Variance for lot size, or variance to exceed limited size of living floor area. Variance for lot size. Appl. No. 4317 - EDWIN and DONALD TONYES. Special Exception in this HB Zone. Appl. No. 4323 - JOHN CZARTOSIESKI and WILLIAM QUIRK, JR. Special Exception for Accessory B & B. Vote of the Beard: Ayes: All. This resolution was unanimously adopted. Agenda Item II-F. The Board Secretary drafted and submitted the new form to be used for Special Events at winery locations. It was indicated that it would only be for winery events, and not other events as per Section 100-32 of the Zoning Code. The new Page 6 - Minutes and Resolutions Special Meeting of June 28, 1995 Southold Town Board of Appeals Form was distributed to Chairman Board Members with the instructions sheet (see Memo dated 6/21/95). This packet will apply to requests for events at wineries. It was also noted that charitable events are under the jurisdiction of the Town Clerk only, and that private or family-type events at places other than a winery do not require permits under Ch. 27. The Board Members agreed to the ~orm and instruction sheet to be used for now, and no objections were raised. One or two of the Board Members wanted to discuss it again at another time. DRAFT PROPOSAL: LOt Mergers and Lot Creation. The Board Secretary notified all board members of the Work Shop with necessary town hall staff persons and recommended Board Members' attendance if possible. The newest draft was distributed (since the June 7, 1995 meeting at which a similar draft was also distributed. ) OTHER UPDATES GENERALLY: A. San Simeon - PB letter of 6/15/95 was distributed to Board Members which indicates a variance is required to expand parking for the facility. The Building Department confirmed they have not received the site plan for certification under the pending site plan reviews but would like to be given the opportunity (he may not totally agree depending on the layout of the plan and location of the parking spaces). (There was no change on the present procedure and rules of conduct which require an action of an administrative official charged with enforcing the zoning ordinance, for variances and other types of appeals. ) B. Carryover from June 7, 1995 Agenda Item D ref: Firearms Dealers. Gun Hobbies. The Board Members did not submit a proposed draft change in the present law which prohibits sates of guns in residential areas, or any laws pertaining to personal "hobbies." The present interpretation_ which prohibits sales of any type in certain zone districts therefore would remain unchanged at this time. (Also see memo from Town Attorney addressed to Ruth OHva and Jerry Goehringer dated December 20, 1994 indicating Town Board status. ) DELIBERATIONS/DECISION: Appeal No. SE-4246 . LKC Corp. (continued on next page): APPEALS BOARD MEMBERS Gerard P. Goehringer,'Chairman Serge Doyen..Ir. 1ames Difff='o. Ir. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF T1TE BOAR~3 Ob' APPEAr,.~ Soudmld Town Hail 53095 Main Road P.O. Box 1179 SouthokL New York 11971 Fax (516) 765-t823 Telephone (516) 765- I809 Appl. No. 4246. ,Appli_eatio~ of LKC CORP. (also r~-e~_wred to a~ Oc~n. City or 4asia? me,) Thl.q heazKug is purs'n:~,t: to resolutions of the Board of Appeals adopted on June 13, 1994 and on May 15, 1995 to calendar and con-~der time use and operalion of the establl-qhnl~21t ;r'nOWXt as "OC~Ul Ci't~tm and plll'S~t to Condition No. 6 of ZBA Deei.~on rendered Ju~e 13, 1994 ia which a Speo~t Exception use wffi expire on July 31, 1995 for said d_wi~lrln~, ~-.~t. abii.qhmeja.t and for which ,~,~id SpooSal ¥.~'cep~l~on :~ li.q'l:~:[ a~ an allowable use undel- the provisions of the Zonin~ Code at Art/cie XI, Section 100-101B, subject ~o specific cond~tion.~ and l'eq,,'_r~ments pel-t~inln~ %he,to. Th~_ p~-eml.q~ is ~nOwll as 6955 Main Road, La~trel (near the iat2rsee~ion of Bray Avenue, Old i~in Road, and Main Road, M~ttituck), and is located in the "B" General Business Zone Disrrie~. l>roperty ID No. 1000~I22-fl-26. WI~FREAS, the Board of Appe~l~ ~-nder~d a conditional determination on J~e 8, i9~ thor ~ new ~n~ng ~b~hm~t ~ sub~ ~d ~ p~d to be ooemt~ met ~e smnd~ on J~e 13, ~994 p~d~ ~der S~n 100-2~ A th~ p, ~ive, ~d ~e ~e p~~ of ~e ~, Sec~on 101-B of ~e ~u~old To~ Zonin= C . ~e fo~ a ,~n~n~ ~b~hment" ~ ~mply; and WtlF]IEAS, pursuant to Condition No. S of the Speoi, t Exception the Sp~i~l ~pdo~ - pe~t wo~d con~n_ue ~ J~y 31, 1995 ~b]ect to ~lisnce ~ ~ of ~e ~n~ons es~blf~hed ~ ~e J~e 8, 1994 determinn~on; ~d ~~, on J~e 24, 19~4, L~C Co~om~on endo~em~t of ~e ~n~-I ~ve~ dared Ap~ 19, 1994 ~d J~e 20, 1994 by ~e Sou~old To~ Plmnnin~ B~d Ch~man ~cha-d G. W~d; ~d WHERF. AS, a~ a meeting held on Mav 3, 1995, ti/is file was reviewed by the Chairman and Members ~f the Boa_rd of A'opeal-q and a resolution was adopted ro calendar tbi~ project for a P~u~e 2 - ApPl. No. ~246 Matter of LKC Comp. Decision Rendered June 28, 1995 public hearin~ to be held on or about July 12, 1995, lu order meet the req,,iwement of Con~fion No. 6 ~ stored "foe a public h~ mud ~ew~ of ~ ~e June 13, 1994 con~fio~ of ~e Special Pe~t ~nd zon~u~ code ~,~i~men~; WTF~REAS, on Mmy 11, 1995, amd subsequently by telephone, written notice was forwarded to the appli~nts, l'-,ndlord n~d teu-nt included; and W~k~REAS, on May 15, 1995, a resolution was adopted to -mend the date of the hearing to J,~ue ?, 1995, in order to allow more Hue for reviews and proces.~u~ but 8~]So for the to plmn its ~.bm'i~i~ll WhiCtl wot~ld s~ppo~ the upcom~u~ review of this permit; and W~EREAS, on June ?, 1995 a public hemring was held, due nofi~ ~ ~1,~:: by ~w ~ ~e o~1 mewspapem of ~e m~, ~d~e appH~ att~d~, ~u~ng ad~b~ ~me to ap~ ~ ~ a~o~ey; ~d WH]~, . after receiving tesMmony f~om app[icauts mud other interested1 persons, the public hearing was recessed as requested bY appli~uts, mud after additioumi notice in the of~-.'ml newspaper oCr the town, the hearing was reconvened, and all persoum who desired to be he'~_~,~l were h_e~rd mud their tes~mony recorded for the record again on June 28, 1995; and -N~EAS, the B~cI Members have eareD, Ily c~sidered ail te$~mony and documen~tion submitted concecnin~ application; ~MEREAS, the Boal~l Membe~-s ~ f~mi]~, with ~e pz'emi-~es in question, its peesen~ zoning, and the surrounH~n~ varied zouiu~ t~se d~.~ict~; ~nd WREI%EAS, the Board mmde the following ~lIldin~ Of fact: 1. The subject premises iS known as 6955 ~-a{n Road, rmuret near ~%{attituck, Town of Southotd, New York, ~md contm~n-~ a total lot area of 20,000+- sq~-~e feet, and was conveyed to Kenneth Coudre¥ on Sep(ember 7, 1988, and 'later to ht~ coz-potation T,KC Corp. on October 27, 1992. 2. For the record; ii is noted that the subject prem{-~es is [oc~ed in the "B" General Business Zone District since the Master piton smendmenm in gmuuary 1989, and for sever-al gears prior to ~he Summer of i994, the b~,flcLing was vaoan~ and ,, noccupied. Page 3 - Appl, No. 4246 Matter of LKC Corp. Decision Rendered June 28, 1995 3. The widest portion of the subject parcel is along the Mn;n Road '(New yO~K State RoUte _95) wi{h 1i5 ft The property un-rows down fi~m the f the prope~qr to 75 feet. spaces, appli~nt conditionni including Beard The recomi shows a For a area with 22 ~f 24: ' The applied to ~'. H~I~ ~d ~v~ app~ for a 75 p~on ~~ (~m,,m), ~ ~ ~t ~ for If added, addi~.'onn! on-line under the by the eon-~idersd in site p~n ;s¢{ledule of the sit~ plnn an open of the Sperm- ! and fk'm T'J/e establishmeu( ~ec~- ~ved. a estab~.~bment as the Ut)on ~the} applicants! a~Teement ~ to the Town of the ~ollowiug eondi~io"~: a) The owner andlo~ operator will provide parking attendants - (espe~inll¥ £or evening events) appropriate par 'ki~g on thC.c: parcel and to pa .'ce (o: the w~t; and with ail efforts taken iu avoiding 'hazardous or un~fe coati{t/ohs to the eusrnmers? the traveling Public, nod adjoining pro,petty owners in the:area; and b);, ~. ~ owners 'COnfirmed 'the/'- understandin~ of ~e ~qui~ent Oc~p~ of 75 pe~on~to~'at ~e p~m~ at '~y one ~,~e, ~d 'a~t ~hnt it ~ not po~s~le~to ~m~l ~e oc~cy for thi~ ~e ~d es~b~hment; e) ,Ore.ow p~ must be or.able On ~ adjoining ~ln~~_to ~e ~en ~o-y~ [~e fop ove~o~ d) Owner and opera,or are (and were) ~equired to furni-~i~ a wr/tten de,a/led s]:a~:emen[, under oath, as to the number of persons occupying the premL~es a~ any one lime during thi.~ 10-month period be[ween June 1994 and Ju~e 1995; and Page 4 - Appl. No. 4246 Matter of LKC Corp. Denisio~ Rendered J~,ne 28, 1995 e) The occup-ncy at this site sb-ll be Hmit~d so 75 person-~, m.~m,~m totml (b~{n~ ~d ou~de ~$~) ~ to ~-d ~~ by ~e appH~n~ ~ 1994 and w~ch ac~* to s~em~ d~ ~e pubic h~s, ~clud~n~ appH~t~ten.nt, S"~ony, it ~ ao~owle~ ~e occupmn~ d~s ~d 75 p~O~ ~,~min~ ove~wdgn~ and ~n~o~ for ~n~. oc~nc~, no~e lev~, ~per ~d ~euve~b~, ~d ~e~ b-m not b~ snf~emt p~f bF f). Paring is llm~te~I to thim site and the adjoinjn~ Crenshaw parcel to the west without i. parkizg alon~ the shoulder of the ~{~ R~ad or other ,,nmuthorized Off-site areas. ~) ~_ tot. l floor of the bmq~fn~ is 2800 sCi,~-~e feet i~clud~nc ~ mezz~nine Ievel, and when procacd/ng with, ~ site plan be{o~e ~the p~..ning .B~ m ,I~3, ~e occupy ~ ~li~ted ,a! ~4 pe~ ~m~ ~ :W~ of 75 ~nC ~c~ (~ pt,nhlng B~ le~r of October to ~e appH~nt-t~t). ~te~, p~ded i6 apply ~ ~e S~o~ fo~ an ~cu~n~ ~nd ~ ~ ~ ~ [ not he ~ occup~y.4ev~ above 75 peak-mt ~Y one. zppH~ ~d ~ ~d o~e~d' ~e oVe~w ~. C~hmw 6. The Board Members ~nd t/zat ~the conditions of the Special w~xcept/0~z h~Ve been violated in the:: period from June 1994 to J%~le 1995, as follows: a) "SUfficient off-street p~rkin~ has not been p~ovided ~nd ~e n~i~bo~ ~ ~ve b~n b~en~ ~ ex~ve p~ ~m ~him of ~ b) OvererOw~ and excessive oqcup~ncy wtt~ over 75 persons at the premiSeS h~_~ been confirmed through pez-sonm! knowledge of the building ~n-~pector, police offic-ers, board members, and ~t~lffmomy'irecei~zed f~m the tenant during the 1995 public hearings as well as Others; c) Coudition '~3 has ao~ been complied with during the period of question, since applir"mnt disCont~nued~ thc lease with Crenshaw prov/ding for the requested overIqow pazrking a_rzd kb/ch ~ resulted in si~Fic~m[ d~.~z~zp tiozz to neighbors whose Page 5 - Appl. No. 4246 Matter of LKC Corp. Deni-~ion Rendered June 28, 1995 property /s used by the applicants' patrons Sot parkin~ w-ithou~ the owners' con-~e~ts. ~ d) Statememts under ~ath were not f~n~ahed to ~e To~ by oc~n~ Con~on No. 4 mot b~ ~h~nt. e) been submitted '~o show thes~ and no ev/dence ~ lesse e/te~n-~ overflow pa~{ci,~ spaces o~' make any otJ~er accommodation for overfloW pazq~n~; waadaltsm to private p~ope.rty:, and trash, ,~n-,zthorized tr~spamm obstruc~om crowds, otJ~er act~Vi~S for a n~Cht club - wktch w~$ not ~ques~ed by appH~ (or aurora) ~ ~e 1994 Spe~-I ~p~on. g) Te~mony ~ b~n ~b~, ~der ~, thnt mte~e~ ~ ~e ~e ~mn~ ~) ~ ~~ ~d soda bo~, of ve~, "~ter ho~" ~eMn~ of 7. A.r~c/e XXVI, Sect/on 100-262C; : provides thru% w...~]1 cond/t/onm approval of limited d~0m .... 8. Articie XXVI, Section 100-263 of the Zoninc Code states that (emph. S~ add~ ~etow): ~No. spe~l.~xc~p~0n approval shah be ~n~ed unless th,~ &omnc 5oar,'of ~mDeaiS s~eeifica~lv ~ds and de~.ee~les the follows: A) Thmt the use ~11 m~ ~vent the orde~{v'and reasonable us~ of ad~cem[ oro]~er~es o'r of Droue~-ties in adja~nt Use ~s~rict~. ' ' ' The ~ c!~ty shows t~t .~e adjacent p~per~es b,,ve b~n p~vented f~m o~eriy ~d ~o~bie usa of ~ei~ p~pe~y Page 6 - Appl- No. ~z46 Matter of LKC Corp- Deni-~ion ~endered June 28, 1995 created by the overcrowding and .d!~r~t~ptiwe, d~mturbing actions of the establishment's patrons and visitors. B) That the use will not prevent the orderly anH reasonable use of permitted or le~o-ally established Ltses the district wherein tke 'orobosed use is re be located or of permitted or teg"~Jly esta61iShed Use in th~ 'adiacen[ Use districts. C) That the safety, the healthz the welfare~ the comfort? the convent's-nee or ~he order of the ~own ~rill nor be adversel.v affected b.v the proposed use and i~s lncaLiOrz. The record c/earty shows that the safet'~', hea~th, we]faze, com¢ort, convenience and order of the town have been ai~turbed ~ a de which is virt~mily and ected to g-i-ee t~e testimon~Z of the Sontho~d To~a Po.ace Of~ice~s , t~n¢c~t of June 28, 1995 and sut~portiug doe~' rn~_n ration) t D) That the use v~ill be in harmony with and pm,mote the genera/ purposes ~u~d intent of this chao~er. The ~ecerd clearly shows that the. use is no~ as requested in 1994 for a dr~i~kd~ esl'mb~Ltshment with a mm'~m,,m OCCUpanCy of 75 persons, and ex-tends beyond such. special exception use (see tes~mony of June 7, 1995 amc[ June ~8, 1995 ~nd~record). E) That the use will be compatible with its surr,,undings and with ~he character =of ~he neighborhood and (~g the with [o ~he eal~iice. F) Thai ail orooosed szruczures~ equipment and ma~erMi shall be readily ~ccessib[e for fire and police prcrection. 9. In conmidera~ion of the items lis~ed under Section 100-264, this Board ~mds, for rea~on-~ noted above, ~hnt the applica~ ~ uo~ satis~ed these areas, specifl~'nlly those below: C. The effect that the lo(ration of the proposed use amd the ioc~tion rhnt en~l~nn~-es and ex/t~ ~ay have upon the creatio~ or undue increase of veb/cu~mw :t-raffie congestion om public- streets? h~hwa.v$ or side~~]~-~ ~o assu~e the public safetY. D. The avm{]mbilit'v of adequate and proper public or Dr/vale water supulv mhd facilities for the Page ? - Appl. No. 4246 Matter of LKC Corp. De~imion Rendered J~ne 28, 1995 removal or di.~charge of sewage, refuse or other (:ffluent (whether liq,u_id, solid~ ,gaseous or othe_wwise) that may b~ caused or created by- oz- as a result of~ the use ta~ to of USeS a~d ~ use and m~zde for tho 10. a) 100-2~2 p,~'0~rides thmC "....-.nll app~oval uses generally eom ~ue to apply, ~ess of ~h~e~ ~y such wem~ exp~ssly ~co~o~te~ ~to the sp~ exception a-pp~v~..:.'; u,~d SubsecTion C-2 of Section om spec/al by thi.~ P~ge 8 - Appt. No. 9246 Matter of LKC Corp. Denision Rendered June 28, 1995 b) Subsections 2 -nd 3 of Section 100-262 ~.ads as follows :. (2) Noncompliance with the re'runs nnd conditions of such approval: fnilure of the applicant-permittee to comply with any conditions or term¢ of the, approval. (3} Activity. beyond such approval: exeeea~ the scope of the activity ~ use or project as the s-~me warn descl~'bed in the applic~ti0m..." 11. The ZBA ffmds tb.t the g~"nt of ~he Spe-~l EX.priori ~ ~on~ on app~t ]~n~ ~ thmn' .20 ~om-{ p~n~ s~ for u~e by ~e aPp~ pa~ms. ~By.;,~e app~nt-tenmnt's o~ admim~on, appH~ let ~e ~e h~e e~d~ced ~ ~e t~m0ny- 12. The grant of' the spe~-~m{ exception wa~ ~L~o comditiom'ed on appH~t ~et ~ e~ that pa~ used ~e app~n~'S complied with tee condition Applicant ~tnimm thnt~ .he has indicates thnt - thL~ . is patronm park ozz ad}mc-ant private and d~trbnnces with ~ppljr~uts ~esidenfi-l a_-ea$, , ~affic' th.e~ts to safer7. , valet but me ~r~deuce 25¸ amd The g-z-mm~ of the sp~ e~ception wa~ couciitioned ',on appliemmtm' Hm~ng the n,,mber of Patrons' occupancy to 75. Applicants clnlm thmt they ~nnO[ cont-~ot the number' of pains emte~ing, and there is evidence violated by the p~esence of occ~ion~. F~u~ c~wd-con~l 'pm~i~ ~t ~ c ~e~ and we~ ':of ~e p~s~g moco~ ~d pedes~mnm. Page 9 - Appl. No. 4w.46 Matter of LKC Corp. Dee~mion Rendered June 28, 1995 14. The Z~A therefore der'ermines that the special exception for a dr~nl~ establishment ~nt~ to LKC Co~. om J~me 13, 1994 ~ he. by ~vok~ on ~e ~ that app~ have f~d ~ ~mpty ~ ~e ~ ~d co~o~ of ~e app~v~. RESOLV~]3, ~:o DENY the renewal of the Special YxcegCion Permit, and be it further tLESOL~q~3, that the Spenim~ ~ception per~zit issued on J, me 13, 1994 ~mder Appl. No. 4246 by the Sour_hold Town BC~L~i of Appeals ia: the Matter of the Application of LKC Corp., BE AND HEtL~BY IS REVOKED, for the reasons stated above. (continued on page 10) Matter of L~C Corp.~ Decimion ~te,~e_-~d J~ 28, 1995 with the Offic~ of the Town Clerk. Vote of the Board: Ayes: Messy. Goers, Doyen, D/1~4~, VCda and Tcn~o~a. Th/s resolution was duly adopted.