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HomeMy WebLinkAbout1000-114.-11-5.?7 ~ ¥ Southold, N.Y. 11971 (516) 765-1938 December 23, 1986 Mr. Victor Lessard Executive Administrator Building Department Town Hall Southold, NY 11971 Re: Site plan for Paula Clark and Joseph Taormina Dear Mr. Lessard: Please let this confirm the following action taken by the Southold Town Planning Board, Monday, December 22, 1986. RESOLVED that the Southold Town Planning Board approve the site plan for the renovation of the former North Fork Video to a take-out restaurant located at Main Road, Mattituck for Paula Clark and Joseph Taormina. Survey dated as amended October 31, 1986. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary June 25, 1988 Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Site Plan for Joseph & Betty Hardy Mattituck, New York SCTM# 1000-114-11-05 Dear Sirs: On behalf of our clients, the following: Joseph and Betty Hardy, we submit herewith 1. Six (6) surveys of proposed site plan. Part I - Environmental Assessment Our check, in the sum of $100.00, Form. in payment of agenda for review, at Kindly place this matter on your possible date. Since~ e ly~,~/: ~ / ./ ,',~ _ ,/i .A'×/,tl~b' ....',~/22A~~- cc: Mr. and Mrs. Joseph Hardy Southold Town Zoning Board of Appeals your filing fee. your earliest PART I DIVISION OF REGULATORY AFFAIRS State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORMi! For UNLISTED ACTIONS Only Project Information (To be completed by Applicant or Proiect sponsor) " Applic~an[Jsponsar I 2. P~ Name New r~,~ Expansion ~ Modification/alteration Describe project briefly: [] Residential [] Jndusirial [] C ...... iai [] ASriculture [] ?arklandope. sp~ce E3 Other - [] Yes [] No If yes, list agency name and permit/approval type I CERTIFY THAT Tile INFORMATION PROVIDED ABOVF IS FRUE TO THE BEST OF MY KNOWLEDGE If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form betore proceeding with this assessment OVER Presubmission confer-~enc-~ SITE PLAN (Within .30 days of written request) Complete application received (Within 4 months of presub, conference) ApPlication reviewed at work session (Within I 0 days of receipt) Applicant a.dvised of necessary revisions (within a0 days of review)' Revised submission received Lead Agency Coordination SEQRA determination REFERRED TO: Zoning Board of Appeals (written comments within 60 days of request'j'~ Board of Trustees Sent:_ Received:__ Building Department (cert/fication) ' Suffolk County Department of Planning Department of Transportation -State Department of Transportation _ County Suffolk County Dept. of Health Fire Commissioners RECEIVED: Draft Covenants and Restrictions Fi/ed Covenants and Restrictions Landscape plan Lighting plan Curb Cut approval Health approval Drainage plan Re ~iewed by Engineer Approval of site plan -with conditions Endorsement of site plan Certificate of Occupancy inspection ~ne year review TOWN OF $OUTIIOLD 516'765'i801 o~~ ~ '26960 lJollars $ ~ ~ ~ ~ ~ .qNG BOARD MEMBERS t Orlowski, Jr., Chairman rge Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald (enneth L. Edwards ephone ~516) 765 1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HAR Supervisor Town Hall. 53095 M: P.O. Box 117' Southold, New York Fax (516) 765-1: January 21, 1992 Mr. and Mrs. Joseph Hardy 132 Fish Cove Road Southampton, New York 11968 Re: Proposed Site Plan for Hardy Plurabing & Heating $/S/o SR 25 opposite Wickham Avenue, Mattituck, SCTM ~ 1000-114-11-05 Dear Mr. and Mrs. Hardy: This office has not received a response to its December 10, 1991 letter, a copy of which is enclosed for your convenience. If you need assistance in determining how to proceed or if you have any questions, Valerie £copaz, Town Planner, will be able to assist you. Sincerely, Bennett Orlowski, Jr. Chairman Enc. cc: Gerard P. Goehringer, Chairman, Zoning Board of Appeals Victor Lessard, Principal Building Inspector SUBMISSION WITHOUT COVER LETTER SENDER: SUBJECT: SCTM~: COMMENTS: PLANNING BOARD YIEMBERS RICHARD G. WARD GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLLMM J. CREMERS KENNETH L. EDWARDS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 March li, 1997 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Joseph and Betty Hardy Hardy Plumbing and Heating 1654 North Highway Southampton, NY 11968 Re: Revocation of waiver and request for completed site plan for Joseph and Betty Hardy Main Road, Mattituck Zoning District: Hamlet Business (HB} SCTM# 1000-114-11-5 Dear Mr. and Mrs, Hardy: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, March 10, 1997: WHEREAS, the Southold Town Planning Board granted a waiver of site plan requirements to Angelo Toscano, owner of Mattituck Pizza, tenant of Joseph and Betty Hardy, for an expansion of restaurant dining area, on February 6, 1996; and WHEREAS, the conditions of this waiver were: Installation of rear parking area, placement of two information signs directing customers to the rear parking area and the provision for a rear entrance for customer access to the restaurant; and WHEREAS, the two information signs directing customers to the rear parking area have not been placed; and WHEREAS, the rear customer entrance has not been properly lighted and cleared of debris and is not used by the public due to the poor conditions existing at this location; be it therefore Page 2 Joseph & Belty Hardy March I 1, 1997 RESOLVED, to withdraw the waiver of the site plan; and be it further resolved that WHEREAS, the PIanning Board is the body charged by law with requiring, reviewing and approving site plans; and WHEREAS, Article XXV, Section 250 of the Southold Town Zoning Code grants the Planning Board the authority to require site plan approval when there is any change of use or intensity of use which will affect the characteristics of the site in terms of parking, access, drainage, open space or utilities; and WHEREAS, a site plan application was requested by the Planning Board and a site plan was filed on June 23, 1988 by Hardy Plumbing for additional on site parking, transition buffer, signs and other site plan elements; and WHEREAS, this application has not been diligently pursued for the past seven years. The PIanning Board has written nine letters requesting that the site plan be completed, and to date has not received a response; and WHEREAS, that the original reasons for requesting a site plan such as parking calculations and paved parking behind rear storage building, landscaped buffer area between the Hamlet Business zone and the Residential zone to the south, signs showing customer parking in the rear including a handicapped parking space still exist; and WHEREAS, due to the passage of time and change of use at the site, the 1988 site plan application is rejected as untimely, null and void; be it therefore RESOLVED, that a new site plan is required for the commercial uses at this site. Enclosed is a site plan application. If we do not receive a completed site plan by April 7, 1997, we wiJl be forced to issue violations. Please contact this office if you have any questions regarding the above. Sincerely, / . //' Bennett Orlowski, Jr. Chairman enc, cc: Laury Dowd, Town Attorney Edward Forrester, Town Investigator Ga~ Fish, Building Inspector Gerard P. Goehringer, Chairman, Board of Appeals Alice Hussie, Councilwoman Angeio Toscano, Mattituck Pizza August 23, 1996 STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION STATE OFFICE BUILDING 250 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, N.Y. 11788-5518 ,JOHN B. DALY COMMISSIONER Richard G, Ward, Chairman Town of Southold Planning Board Town Itall 53095 Main Road P.O, Box 1179 Southold, New York 11971 Your July 31, 1996 I,etter Curbing and Sidewalk Route 25 at 1tardy Plumbing and Heating Mattituck Dear Mr. Ward: This is in response to your letter requesting thc installation of curbing and sidewalk at the subject location. We will consider your requegt fbr the installation of curbing and sidewalk in a future project in the area. Such a project has not been scheduled to date. If you feel this is a high priority, thc Town of Soathold may install thc cnrbing and sidewalk under permit from this Department. If you wish to install curbing and sidewalk at this location, you should contact our Permit Enginccr, Mr. Vito Lena. at 952-6028. He will help you in securing the necesqary permits. Tlrank you tbr your interest in traffic safety. Very truly yours, 'JAMES O. Fi>,EIN RegiDnal Traffic Engineer JOF:JS:JS PLANNING BOA_RD YfEMBEI~ RICEL~RD G WARD Chairman GEORGE RITCHIE LATHAzM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (5[6) 765-3136 T~lephone (516) 765 1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 31, 1996 James O. Frein Regional Traffic Engineer New York State Department of Transportation Veterans Memorial Highway Hauppauge, NY 11788 RE: Hardy Plumbing and Healing S/s SR 25 and intersectien of Wickham Ave. Mattituck, NY SCTM# 1000-114-i[1-5 Dear Mr. Frein, Thank you for your letter of July 5, 1996, in which you indicate that the maintenance group will place an additional "No Standing Anytime" sign in front of the above noted Hardy Plumbing Building. With the recent expansion of the restaurant, the Board considers this location and parking situation so serious a hazard that we additionally request that the sidewalk, curbing and landscape island be required to be installed across the front of his property, in accordance with D.O.T specifications. Thank you for your assistance in this matter. If you have any questions please call. Mr. Robert Kassner, Site Plan Reviewer, at this Office. / ,Si'merdi % / :,7 '/- Chairman cc: Edward Forrester, Town Investigator Vito Lena, NYSDOT EDWARD J PETROU. P.E. REGIONAL DIREOTOR July 5, 1996 STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION STATE OFFICE BUILDING 250 VETERANS MENORIAL HIGHWAY HAUPPAUGE, N.Y. 11788-5518 JOHN B DALY COMMISSIONER Mr. Richard G. Ward Chairman, Planning Board Town of Southold Town Hall 53095 Main Street P.O. Box 1179 Southold, NY 11971 Your June 3, 1993 Letter Parking Route 25 ¢~), Wickham Avenue Mattituck Dear Mr. Ward: This is in response to your letter regarding parking in l~ont of ltardy Plumbing and Mattituck Pizzeria on Route 25 in Mattituck. Our investigation has shown a "No Standing Anytime" restriction currently exists at this location. However, we will add an additional "No Standing Anytime" sign at this location to prevent any confusion for motorists. Our Maintenance Group will install this sign as their work schedule permits. Thank you tbr bringing this matter to our attention. Very truly yours, JAMES O. FREIN Regional Traffic Engineer JOF:JS:BT 9 PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Odowski, Jr. Ma~ S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, New Yod<. 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 3, 1996 James O. Frein Regional Traffic Engineer New York State Department of Transportation Veterans Memorial Highway Hauppauge, NY 11788 RE: Hardy Plumbing and Heating S/s SR 25 and intersection of Wiekham Ave. Mattituck, NY SCTM# 1000-114-11-5 Dear Mr. Frein, The parking situation in front of the above referenced building, containing a plumbing office and a pizza restaurant, is extremely hazardous. Cars park perpendicular to the restaurant on the State's right-of-way and back out onto the east bound traffic lane of the road. There is ample parking available in the rear yard of the property. The Planning Board has requested the owner to install a rear entrance to the pizza restaurant and to place signs directing all parking to the rear yard. However, this has not resolved the problem. .. The Board would appreciale your review of this situation with the suggestion that a "No Parking No Standing" sign be posted in front. If you have any questions, or require additional information, please contact Bob Kassner of this office. Chairman Encls. cc: Vito Lena, NYSDOT This would help to assure not only the town but also the occupants of compliance and limitations under the ~fS Construction Code and other applicable rules and regulations at the time of new tenancy. The issuance of a Certificate of Occupancy for a change of tenancy may not, in our opinion, be disapproved unless there were an increase or expansion of the commercial areas (The Pre-C.O. issued April 10, 1980 indicated that there were retail stores in the front commercial building, it also made reference to the number "two," which was for two tenants or occupants within the s~e building complex. The .actual floor area of the stores have not lnoreased since 1957 to the best of our knowledge. And we all know that zoning may not be used to control ownership or tenancies.) 3. Your last question concerns the painting of two parallel parking spaces in front the .commercial building. In speaking with A1 Bachman, Engineer with the ~fS Department of Transportation, it [s his opinion that if the elimination of diagonal parking were agreeable by the owner, the NYS DOT would not be disagreeable since it would be an improvement. Mr. Bachman suggested that a copy of our decision, together with the map existing parking area be referred to the MiS Department of Transportation. (Alternatively, in the worst case scenario, the DOT would, of course, supercede the Planning Board or any other town agency.) Please keep in mind that the existing diagonal parking has been in existence for over 35 years, and with the owners' consent, will be improved by the elimination of backing-out onto the highway (at the least). To summarLze the a) require SEQRA) b) require above, this project wlli: amended site plans maps (should not affect compliance of the! "accessory building" which was improperly converted over the years c) require a variance as to setbacks of the proposed storage building d) require a referral by the Building Inspector to the NYS DOT pursuant to General ~unicipal Law, Section 239K e) require a Certificate of Occupancy in the name of the new tenant or occupancy for each unit in the commercial building certifying the use and any building alterations f) not be permitted to expand or increase the commercial building floor area in the future !unless variances are obtained) g) require a Certificate of Occupancy for the two-family dwelling, after compliance with the conditions imposed under Z.B.R. Appl. Nos. 3958 and 2959 dated September 12, 1991 h) require a Certificate of'Occupancy for the existing accessory building, afte~ removal of mhe kitchen and dwelling facilitLes Boa%d, whzch BoarO ,,~ st P than the conditions requiiementS k ~o an accesSo 7.~lLt~eS pl~bLng r~ to remain}; will be permitted office '¢~eb~reermitte~ rot gar~ off and shai~ ~ ~ntOd Ln front onlY; ~ ~n~ s~ces to be~%eling in an . -~et Par~-~ ~ ' ~ ~'-i~l~s ~ - a. ~ P. _ ~ullelng . ~e eaSt}, ~rlV direC- ~ ~t the r~on i., muE RE~- ~ A orintee szgn~i~ all realties ~ ~h~r , ='neSS bui!dAng d~ ~ ~nat~ of Occupa~2-inn the 4. S~zu~ ~t~nce an~ ~, ~e Board o~ . '-{o and -~er thereO~ - ~s Goehr znge ~rote o~ the Boar~- , ' mD,r~~ ~d ~r~ - reSOl,ltlon was duly adopted- v-tlla'..(Absent ,were ,4e~erS u ~. *~ Bull ~!,ANNING BOARD MEMBEr' RICHARD G. WARD Ehairman GEORGE RITCHIE KATHAM, JR. BENNETT ORLOWSKI. JR. WILLIAM J. CREMERS KENNETH I. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOI,D April 24, 1996 Joseph and Betty }lardy [lardy Plumbing and Heating :1654 North ltighway Southampton, NY 11968 RE: Site Plan for Joseph and Betty 1tardy Main Road, Mattituck Zoning District: Hamlet Business (HB) SCTM# 1000-114-11-5 Dear' Mr. & Mrs. Ilardy, The Planning Board finds that you ave in violation of the Zoning Board of Appeals Special Exception No. 3959 dated September 12, 1991. Twa of the conditions of this Special Exception are: 1. Site Plan appreval by the Soutbold Planning Board. 2. Two parallel parking spaces ta be painted in front of tile retail business building for vehicles traveling itl an easterly direction (to park facing tile east). 3. A printed sign to be placed in front of tile business building directing all vehicles to "PARK IN THE REAR". Recently this Board had granted a site plan waiver to your. tenant, Mattituck Village Pizza to expand into the middle store. This waiver was conditioned on a floor plan, sign sketch, and parking requirements suitable for tile restaurant in addition to a wall sign and two (2) additional signs directing customers to tile rear parking area. It also presupposed timt yau remained in conformance with your special Fxception approval. A recent inspection of the site indicated the parking for the restaurant has nol been striped and plumbing material is located in many of the parking spaces. Enclosed for your review are the Planning Board's letters to you of March 18, 1992 & August 4, 1992 requesting the status of your pending site plan. 'Fo date, you have not fulfilled Condition # 1 of your Special Exception If we do not have a resolution of this matter within the uext few weeks we will be forced to request action by the town investigator. /Si~ re, , / , / /l~i:nard G. Ward Chairman Encls. cc: Edward Forrester, Town Investigator Ti~omas Fisher, Senior Building Inspector Gerard P. Goehringer, Chairman, Board of Appeals Laury Dowd, Town Attorney Angelo Toscano, Mattituek Village.· Pizza PI.ANNING BOARD MEMBERS llcnncu Orlowski, J~ , Chairman Gco~c Ri[chic l.alham, ~ Richard G. Wind Mark S Mcl)omdd Kcnnedl L Edwards ]clcphlmc (51'~) 705 19~8 PLANNING BOARI) OFFICE TOWN OF $OUTHOLD TIIwn Hall, 53095 Main Road PO Box 1179 Soulhold, New York 11971 Pax (516) 765-1823 August 4, 1992 Joseph and Betty Hardy Hardy Plumbing and Heating 1654 North Highway Southampton, NY 11968 RE: Site Plan for Joseph and Betty Hardy Main Road, Mattituck Zoning District: Hamlet Business SCTM~ 1000-114-11-5 Dear Mr. & Mrs. Hardy: The Planning Board has not heard from you in response to the Board's March 18, 1992, request, (copy enclosed), for changes to your proposed site plan. Please indicate the current status of this project and, further, whether if you wish the Board to keep this application active. Very truly yours, Bennett Orlowski, Jr. Chairman Gerard P. Goehringer, Chairman, Zoning Board of Appeals Victor Lessard, Principal Building Inspector PI.ANNING BOAR[) MEMBERS Bcnncu OrlowskJ, h , Chairman George Ritchic l.alham, h Ricimld G Wind Mink S. McDonald Kenneth L. Edwmds Telephoto: (516) 76% I9]M PLANNING BOARD OFFICE TOWN OF SOUTIIOI,D SC(II? L HARRIS Supervisor Town ttall. 53095 Mare P.O Box 1179 Soufllold, New York 11971 (516) 765 182~ March 18, 1992 Joseph and Betty Hardy Hardy Plumbing and Heating 1654 North Highway Southampton, NY 11968 RE: Site Plan for Joseph and Betty Hardy Main Road, Mattituck Zoning District: Hamlet Business (HB) SCTM~ 1000-114-11-5 Dear Mr. & Mrs. Hardy: The Planning Board has received your revised site plans dated January 31, 1992. The following changes must be made to the site plan before the Board can proceed with its review: ///' 2. 3. The width of the entrance driveway must be increased to sixteen feet to permit two way traffic. Add Parking calculations to the site plan. Handicapped parking space must be shown using new American Disabilities Act (ADA) requirements. Parking space number nineteen (19) is unusable as it backs into the buffer area. Use of parking space nu~lber eleven (11) will create a conflict with the use of the overhead door entrance to tile storage building. 5. The Dumpster's locati, on should be noted. The percentage of landscaping shall be shown as well as a landscape plan. The southernmost Buffer area must show six foot evergreens ten feet (10') on center planted in a staggered row. (6') The plan must indicate the use of part of the front building for a fast food restaurant· o Show location of sign on front of the business building indicating that all parking is to be in the rear. 10. Show any proposed outdoor lighting. In addition to the above, you must obtain approvals from the Suffolk County Department of Health Services (Wastewater and Water Supply) and New York State Department of Transportation (Curb Cut). A variance is also required for the proposed storage structure. The proposed storage building has insufficient side yard setback for either an acc.essory or a principal building in this zone. Please contact this office if you have any questions regarding the above. cc: Very truly yours, Bennett Orlowski, Jr. Cha.% rman Gerard P. Goehringer, Chairman, Zoning Board of Appeals Victor Lessard, Principal Building Inspector PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S McDonald Kenneth 1, Edwards Tclephone {516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOIq' L HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Soulhold, New York 11971 Fax (516} 765 1823 A~lgust 4, 1992 Joseph and Betty Hardy Hardy Plumbing and Heating 1654 North Highway Southampton, NY 11968 RE: Site Plan for Joseph and Betty Hardy Main Road, Mattituck Zoning District: Hamlet Business (HB) SCTM~ 1000-114-11-5 Dear Mr. & Mrs. Hardy: The Planning Board has not heard from you in response to the Board's March 18, 1992, request, (copy enclosed), for changes to your proposed site plan. Please indicate the current status of this project and, further, whether if you wish the Board to keep this application active. cc: Very truly yours, Bennett Orlowski, Jr. / Chairman Gerard P. Goehringer, Chairman, Zoning Board of Appeals Victor Lessard, Principal Building Inspector PLANNING BOARD MEMBERS Bennett Orlowski. Jr. Chairman George Ritchie Latham. Jr. Richard G Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 76. 1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOOP L HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 1197 I Fax I516) 765-1823 March 18, 1992 Joseph and Betty Hardy Hardy Plumbing and Heating 1654 North Highway Southampton, NY 11968 RE: Site Plan for Joseph and Betty Hardy Main Road, Mattituck Zoning District: Hamlet Business (HB) SCTMJ 1000-114-11-5 Dear Mr. & Mrs. Hardy: The Planning Board has received your revised site plans dated January 31, 1992. The following changes must be made to the site plan before the Board can proceed with its review: The width of the entrance driveway must be increased to sixteen feet to permit two way traffic. , /.' 2. Add Parking calculations to the site plan. Handicapped parking space must be shown using new American Disabilities Act (ADA) requirements. o Parking space number nineteen (19) is unusable as it backs into the buffer area. Use of parking space number eleven (11) will create a conflict with the use of the overhead door entrance to the storage building. 5. The Dlzmpster's location should be noted. The percentage of landscaping shall be shown as well as a landscape plan. The southernmost Buffer area must show six foot evergreens ten feet (10') on center planted in a staggered row. (6') o The plan must indicate the use of part of the front building for a fast food restaurant. Show location of sign on front of the business building indicating that all parking is to be in the rear. 10. Show any proposed outdoor lighting. In addition to the above, you must obtain approvals from the Suffolk County Department .of Health Services (Wastewater and Water Supply) and New York State Department of Transportation (Curb Cut). A variance is also required for the proposed storage structure. The proposed storage building has insufficient side yard setback for either an accessory or a principal building in this zone. Please contact this office if you have any questions regarding the above. cc: Very truly yours, Bennett Orlowski, Jr. Chairman Gerard P. Goehringer, Chairman, Zoning Board of Appeals Victor Lessard, Principal Building Inspector PETER M MOTTI' LISA C KOMBRINK MARY C. CRONIN JOAN C HATFIELDD MICHAEL A. SIRIGNANO · Ny. CT & FL BARS T~¥OMEY, I~A'I'HA~I, SIIEA ~ KELI~EY December 12, 1991 9 NORTH MAIN STREET EAST HAMPTON, NY 11937 516 324-1200 Ms. Valerie Scopaz Town Planner Town of Southold Main Road Southold, New York 11971 Re: Application of Joseph and Betty Hardy Dear Valerie: This office is no longer handling the Hardy matter pending before the Town Planning Board. Please send all correspondence directly to the applicants at Hardy Plumbing and Heating, 1654 North Highway, Southampton, New York 11968. Thank you PER:JML for your cooperation. Very truly yours, ~'. E~ward Reale , OEC 17 199!J":' i SOL;THO[ B T0¢,'N ~ PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Soulhold, New York 11971 Fax (516) 765-1823 December 10, 1991 P. Edward Re&le, Esq. Twomey, Latham, Shea & Kelley 33 West Second Street P.O.Box 398 Riverhead, New York 11901 Re: Proposed Site Plan for Joseph & Betty Hardy S/S/o SR 25 opposite Wickham Avenue, Mattituck, SCTM ~ 1000-114-11-05 Dear Mr. Reale: At its public meeting on December 9, 1991, the Planning Board adopted the following resolution. BE IT RESOLVED that the Planning Board takes Lead Agent. BE IT FURTHER RESOLVED That the Planning Board finds that it is unable to make a determination of significance because of additional information that has been brought to the Planning Board's attention during the coordinated review: to wit, The site plan shows the use of the accessory garage as an apartment, which use has been denied by the Zoning Board in the last appeal before it. The site plan must be revised to show a proposed use other than an apartment. A variance is needed for the proposed structure. The proposed storage building has insufficient side yard setback for either an accessory or a principal building in this zone. The Planning Board hereby requests that the applicant provide a corrected site plan and sufficient information for this Board to complete the environmental review. Please submit eight copies of the revised site plan and any additional information that may be applicable to this office. If there are any questiolns, Valerie Scopaz, Town Planner, will be able to assist you. Sincerely, Enc. cc: Bennett Orlowski, Jr. Chairman Coordinating Agencies: Gerard P. Goehringer, Chairman, zoning Board of Appeals Victor Lessard, Principal Building Inspector Judith T. Terry, Town Clerk Vito Minei, Suffolk County Department of Health Services Commissioner Jorling, NYS Dept. of Environmental Conservation John Falotico, NYS Dept. of Transportation Applicant APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTr L. HARRIS, 4 Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: SUBJECT: iNTER-DEPARTMENTAL MEMORANDUM Bennett Orlowski, Jr., Chairman Southold Town Planning Boa[d Jerry Goehringer /~ '// ~ November 18, 1~91 Your Informal Inquiries Received November 1, Project Reference: Hardy Plumbing & Heating SCTM g1000-114-11-5 at Main Road, Mattituck Zone District: Hamlet Business 1991 (NOTE: This response shall be used in the Matter of Joseph and Betty Hardy at Mattituck, only. Parcel ID g1000-114-11-5.) Your inquiries concerning 'the above project have been received. Since its submission, Mrs. Hardy was again today referred to the Appeals Office by both the Building Inspector (Curt Horton) and Planning Board Office (Valerie Scopaz). Mrs. Hardy has not been able to receive answers to the following questions: (a) does she need a building permit to make interior alterations for a proposed third tenant as a Boutique Shop? (b) does she need a Certificate of Occupancy for each new tenant of the front building if the occupancy or use changes? Both her questions and yours will hopefully be answered on the following pages, taking into account the following notations: 1. The proposed building as shown on the August 4, 1989 plan on file with the Planning Board and pending at this time (as prepared by Peconic Surveyors & Engineers, P.C.) was deleted from the Z.B.A. plans as authorized by Mr. R~ale, attorney for Mr. and Mrs. Hardy, and therefore was withdrawn from consideration. 2. The maps before you are not appropriate for processing since they do not show the uses as recently approved and Pi~e 2 - November 18, To: Planning Board Re: Hardy Project at Mattituck Zone District: HB modified by the ZBAo The area shown for retail occupancies do not appear to be incorrect, and the store dimensions and front building setbacks are believed to be preexisting of zoning. 3. Also to our knowledge, the nonconforming use of the front yard area for parking is also pieexisting of the zoning code. 4. The size of this parcel is 21,906 sq. ft. The square footage of the front building has not structurally changed, and is, to our knowledge, validly preexisting. The tenants and occupants of the internal portions of the building have changed several times over the last 35 years (i.e. retail stores, luncheonette, pizzaria, personal service shop, business office, and others uses permitted under the code at that time). With reference to question ~1 of your memorandum: It is apparent that the proposed building does not meet the setback requirements of the Code (accessory or principal). Therefore the site plan should either be revised to delete this storage building from consideration by the Planning Board, or be held in abeyance until such time as the appeal process begins (i.e., the Building Inspector should issue, a Notice of Disapproval - a copy of the building permit application was filed with the Building Department on April 4, 1989; copy attached for reference). Each department should require as part of their files a construction diagram to determine conformity with height provisions of the Code. Since a variance is needed for setbacks, we will request this information at the time of filing of the variance, if you prefer. Other questions concerning its use, as it relates to the accessory or principal use provisions, should also be asked. (The building permit and site plan applica- cations should be revised to include these questions.) o Today Mrs. Hardy delivered to the Building Department an application for a building permit (copy attached) for minor interior changes to the center store. The ZBA does not believe it would be appropriate for any department (other than the Building Department) determine whether or not a building permit is required for minor interior alterations within a building. This is within the purview of the Building Inspector. We have in the past understood that permits were required in the past for placements of counters and the like for safety reasons under the NYS Construction Code. A new Certificate of Occupancy should also be required for each new tenant/occupant. Pa~e 3 - November 18, 19~ To: Planning Board Re: Hardy Project at Mattituck Zone District: HB This would help to assure not only the town but also the occupants of compliance and limitations under the NYS Construction Code and other applicable rules and regulations at the time of new tenancy. The issuance of a Certificate of Occupancy for a change of tenancy may not, in our opinion, be disapproved unless there were an increase or expansion of the commercial areas (The Pre-C.O. issued April 10, 1980 indicated that there were retail stores in the front commercial building. It also made reference to the number "two," which was for two tenants or occupants within the sa/ne building complex. The actual floor area of the stores have not increased since 1957 to the best of our knowledge. And we all know that zoning may not be used to control ownership or tenancies.) 3. Your last question concerns the painting of two parallel parking spaces in front the commercial building. In speaking with A1 Bachman, Engineer with the NYS Department of Transportation, it is his opinion that if the elimination of diagonal parking were agreeable by the owner, the NYS DOT would not be disagreeable since it would be an improvement. Mr. Bachman suggested that a copy of our decision, together with the map existing parking area be referred to the NYS Department of Transportation. (Alternatively, in the worst case scenario, the DOT would, of course, supercede the Planning Board or any other town ~gency.) Please keep in mind that the existing diagonal parking has been in existence for over 35 years, and wit'h the owners' consent, will be improved by the elimination of backing-out onto the highway (at the least). To summarize the above, this project will: a) require amended site plans maps (should not affect SEQRA) b) require compliance of the "accessory building" which was improperly converted over the years c) require a variance as to setbacks of the proposed storage building d) require a referral by the Building Inspector to the NYS DOT pursuant to General Municipal Law, Section 239K e) require a Certificate of Occupancy in the name of the new tenant or occupancy for each unit in the commercial building certifying the use and any building alterations f) not be permitted to expand or increase the commercial building floor area in the future (unless variances are obtained) g) require a Certificate of Occupancy for the two-family dwelling, after compliance with the conditions imposed under Z.B.A. Appl. Nos. 3958 and 2959 dated September 12, 1991 h) require a Certificate of Occupancy for the existing accessory building, after removal of the kitchen and dwelling facilities P~ge 4 - November 18, 190 To: Planning Board Re: Hardy Project at Mattituck Zone District: HB i) be subject to a determination by the Building Inspector as to the requirement for a building permit under the NYS Construction Code and other laws for any and all occupancies of the buildings. GG:lk 2xamincd ................. 19... FORM NO. 1 TOWN OF: SOUTHOLD BUILDING DEPARTMENT TOWN ttALL :;OUTttOLD, PLY. 11971 TEL.: 765-1802 Approved ................ , 19... Pennit No ............. Disapproved a/c ..................................... NOTIFY CALL ~ HAIL TO: (Building Inspector) APPLICATION FOR BUILDING PERMIT Date. INSTRUCTIONS a. Tiffs application must be completely filled in by typewr/ter erin ink and submitted to the Building Inspector, :ts of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buiidings~ on premises, relationship to adjoining premises or public streets :r areas, andotVm="' ' ~, a detailed description of layout of property must be drawn on the diagram which is parr of this appld- :aden. c. The work covered by ti'tis application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit :hall be kept on the premises available for inspection throuvhout the ~vork. e. No building shall be occupied or used in whole or~n part for any purpose whatever until a Certificate of Occupancy :hall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the fuilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws. Ordinances or Zegulations. for the construction of bui/dings, addit ons or alterations, or for removal or demolition, as hereto described. iite applicant agrees to comnty w th all applicable laws. ordinances, buildine code, housing code, and regulations, and to :dmit authorized inspectors on premises and in building for necessary inspectit~ns. IL (S~gnature oi' applicant, or name, if a corporanon) .w.,/.,....,..//24¢ ...... (Mailin=~ addrTe's~ of appiic~t) ..... ;tate whether applicant is owner, lessee, agent, architect, engineer_~ral contracto_.~, electrician, plumber or builder. f fp 7amc o mvner o remises ................................. / ........... ¢,.,~ ....... 7-': ................. (as on the tax roll or latest deed) 'r a;~:~signature' ~'/'~'~~~ ~ ;.- of duly au~ officer. (Name and title of corporate officer) Builder's License No..~..~W. Plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ...................... Location of land on which proposed work will be done. ' ... ' ...................................................... House Number Strc. et~ Hamlet ' ' ' County Tax Map No. I000 Section // Subdivision ..................................... Eilcd Map No. Lot (Name) ............................. S~ate existing use and occupancy of premises and intended use and occupancy of proposed constrnction: b. Intended use and occupancy .......... 7 ...................... :~. ~?~q.~,~&c~ ........ ,\]Icra[zon (Dcscr]pHo~ t~, fl rxccs~; fill L c rem?'od lrom .v. remises' Yes , ," <.2''~'''t '':,''-YVPa°neNo- .~.~$~. · ,a:h~'~;s~ . . Phone No ~.. PLOT DIAGRAM x~ ...... e, o..d, and indicate all set-back d~ensions so t:et d, and show street n~es and ~dicate wheth FORM NO. 1 TOWN OF SOUTHOLD BUILDING DI--PARTMENT TOWN ttALL SOLJTHOLD. N.Y. 11971 TEL.: 765 1802 Examined ................. 19... \pproved ................ , 19... Permit No ............ '}isapproved a/¢ ..................................... BO,\~D OF H£ALTII ......... SETS OF ?LA?tS ......... SURVEY ................... CIIECK .................... S£PT[C F 0 R,'I .............. CAi. L .................... HAlL TO: (Building inspector) APPLICATION FOR BUILDING PERMIT Date .... .,/J./l ~ ....... , 19 ~./. INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, wits 2ts of plans, accurate plot plan to scale. Fee according to schi:dule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets r areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appLi- ation. c. The work covered by this application may not be cbmrnenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit ~ail 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 ,vhatever until a Certificate of Occupancy mil have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the uilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other apphcable Laws, Ordinances or egulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. I,;e .applican? ag[ees to comply with aU apl~licab.le !aws. ordinances., buildipg code, hous ng code and regulations, and to ~mlt authorized mspectors on premises and m buddmg for necessary lnspectlons. '~ (Mailing address of applicant) tare wbetber applicant is mvner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ........ ..................................................... . ....................... :amc of owner of premises . .J 0.$ ~..~.f{ . ~..'~..g. UT'. 1.. ~ A.~h.~. .......................................... (as on the tax roll or latest deed) ;' applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No. ' Plumber's License No ........ t .' ............... Electrician's License No ....................... Other Trade's License No ...................... Location of land on which proposed work ,rill be done.. llouse Number Street Hamlqt County Tax Map No. i000 Section ......... l/..q ...... Block .... I.t ..... ' Lot....05 ' Subdivision ..................................... Filed Map No ............... Lot (Name) ............... State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy . . .T. fi. .'fTO0 . .-"~.u. S It'O.£E~,~ ........... :t-' ........... : ...................... b. Intended use and occupancy S.x'O.~ IE. ......... .:I. .t.~,.~. . iJthcr \York (Description) Dupth P! OT D!,\C;R,kM , , says that he is the applicant and to make alld £ilc this *: ~<,;vlcdat, and belief; and that the m*: 487950.~ , 'x ,.',Z 7,/7/;/ (SJgn~ f applicant) OFFIp ~- l=iPo ~3 ~ ." .5 '-.D~,o ~ ~/e Ty /.3 ~ O0 [ I Gerard P. Gochrmger, Chairmi: Charles Grigoms, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD S[ipcrv~sor Jwn Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 iNTER-DEPARtmENTAL MEMORANDUM TO: FROM: DATE: SUBJECT: Bennett Orlowski, Jr.., Chairman Southold Town Planning Board Jerry Goehringer November 18, 1991 Your Informal Inquiries Received November 1, Project Reference: Hardy Plumbing & Heating SCTM ~1000-114-11-5 at Main Road, Mattituck Zone District: Hamlet Business 1991 (NOTE: This response shall be used in the Matter of Joseph and Betty Hardy at Mattituck, only. Parcel ID ~1000-114-11-5.) Your inquiries concerning the above project have been received. Since its submission, Mrs. Hardy was again today referred to the Appeals Office by both the Building Inspector (Curt Horton) and Planning Board Office (Valerie Scopaz). Mrs. Hardy has not been able to receive answers to the following questions: (a) does she need a building permit to make interior alterations for a proposed third tenant as a Boutique Shop? (b) does she need a Certificate of Occupancy for each new tenant of the front building if the occupancy or use changes? - Both her questions and yours will hopefully be answered on the following pages, taking into account the following notations: 1. The proposed building as shown on the August 4, 1989 plan on file with the Planning Board and pending at this time (as prepared by Peconic Surveyors & Engineers, P.C.) was deleted from the Z.B.A. plans as authorized by Mr. R~ale, attorney for Mr. and Mrs. Hardy, and therefore~Was withdrawn from consideration. , 2. The maps before you are not appropriate for processing since they do not show the uses as recently approved and modifiied ~, is, to our knc ~[edg~: , ' ; ~cltR:? Parle 3 -November 18,~91 To: Planning Board Re: Hardy Project at Mattituck Zone District: HB This would help to assure not only the town but also the occupants of compliance and limitations under the NYS Construction Code and other applicable rules and regulations at the time of new tenancy. The issuance of a Certificate of Occupancy for a change of tenancy may not, in our opinion, be disapproved unless there were an increase or expansion of the commercial areas (The Pre-C.O. issued April 10, 1980 indicated that there were retail stores in the front commercial building. It also made reference to the number "two," which was for two tenants or occupants within the same building complex. The actual floor area of the stores have not increased since 1957 to the best of our knowledge. And we all know that zoning may not be used to control ownership or tenancies.) 3. Your last question concerns the painting of two parallel parking spaces in front the commercial building. In speaking with A1 Bachman, Engineer with the NYS Department of Transportation, it is his opinion that if the elimination of diagonal parking were agreeable by the owner, the NYS DOT would not be disagreeable since it would be an improvement. Mr. Bachman suggested that a copy of our decision, together with the map existing parking area be referred to the NYS Department of Transportation. (Alternatively, in the worst case scenario, the DOT would, of course, supercede the Planning Board or any other town agency.) Please keep in mind that the existing diagonal parking has been in existence for over 35 years, and with the owners' consent, will be improved by the elimination of backing-out onto the highway (at the least). To summarize the above, this project will: a) require amended site plans maps (should not affect SEQRA) b) require compliance of the "accessory building" which was improperly converted over the years c) require a variance as to setbacks of the proposed storage building d) require a referral by the Building Inspector to the NYS DOT pursuant to General Municipal Law, Section 239K e) require a Certificate of Occupancy in the name of the new tenant or occupancy for each unit in the commercial building certifying the use and any building alterations f) not be permitted to expand or increase the commercial building floor area in the future (unless variances are obtained) g) require a Certificate of Occupancy for the two-family dwelling, after compliance with the conditions imposed under Z.B.A. Appl. Nos. 3958 and 2959 dated September 12, 1991 h) require a Certificate of Occupancy for the existing accessory building, after removal of the kitchen and dwelling facilities the buildinqs GG:lk APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 ~ .,2...- ~.~ ::'. ' .-,;!'* BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE EOARD OF APPEALS Appl. No. 3959-SE (as AMENDED by January 10, 1991 letter from the applicants' attorney). Application of JOSEPH AND BETTY HARDY for a Special Exception to the Zoning Ordinance as authorized by Article XXIX, Section 100-91B(2) to grant approval for a multiple dwelling. Location of Property: 13500 Main Road, Mattituck, NY; County Tax Map No. 1000-114-11-5. Zoning District: Hamlet-Business (HB). WHEREAS, a public hearing was held on August 15, 1991, and at said hearing, all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, applicants request a Special Exception for conversion of the existing dwelling structure to a two-family dwelling use (from single-family status), located in the "two sty fr. house" depicted on the survey prepared by Peconic Surveyors & Engineers, P.C. dated July 29, 1988. 2. The premises in questic, n is located along the south side of the Main Road (State Route 25) in the Hamlet of Mattituck, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 114, Block 11, Lot 5. 3. The subject premises is improved with the following structures: (a) one-story concrete block building with retail occupancies by three tenants (pizza parlor, personal service, and office area for Hardy Plumbing & Heating). This building preexists zoning and has nonconforming setbacks in the front and side yards; 'Page 2 - Appl. No. ~J5 Matter of JOSEPH AND BETTY HAthDY Decision Rendered September 12, 1991 (b) accessory 20.4 ft. by 30.3 ft. garage/storage structure, located in the rear yard area, which was renovated in or about 1988, without permits and proper approvals, to a pet-grooming (personal service)l use and shortly thereafter converted, again without town permits and all proper approvals, into a dwelling; (c) two-story frame house, which is connected to the front business building by a deck. 4. It is noted that the front building and two-story frame house structure (now attached to the front building by a deck) was on April 10, 1980 issued a Preexisting Certificate of Occupancy (~Z9919) showing both structures and land to be used for single-family dwelling use and two retail occupant usesr respectively, which are shown to have been existing prior te the enactment of zoning in April 23, 1957. 5. The parcel is nonconforming in total lot area for the multiple (mixed) uses in this nonresidential zone district, as well as substandard parking and screening. The nonconformi- ties for the total lot area are appropriated as follows for clarification: (a) the total lot area of this parcel is 21,906 sq. ft., of which one of four units may be authorized or in conformity, to wit: 20,000 sq. ft. per dwelling unit or per nonresidential unit. (b) since more than one unit has existed, that is, one established single-family dwelling at 20,000 sq. ft. without community water or sewer and three~ '(3~ business and/or office units at 20,000 sq. ft. minimum pe~-~nit; the total required occupancies are 80,000 sq. ft. of lot area. (See for these four "Density and Minimum Lot Size Schedule for Nonresidential Districts"); (c) the total area required for four legally established occupied units, plus-this single dwelling unit [five units total} is 100,000 sq. ft. (20,000 sq. ft. x 5 units); (d) the increase in the degree of nonconformance is 20,000 sq. ft. over the existing legally established nonconformities of area and density (the sixth unit for the accessory dwelling/cottage structure in the rear would further increase the nonconformity). The accessory building in the rear may be permitted only as an accessory building and may be used only customarily incidental and subordinate to the main use on this lot, and not as a dwelling unit with cooking or housekeeping facilities. (For the record, it is noted that by separate application, also this date, this Board denied the area and use variance requested for conversion from an accessory Page 3 - Appl. No. ~959~E Matter of JOSEPH AND BETTY HARDY Decision Rendered September 12, 1991 storage/garage structure to a sixth principal unit (for dwelling occupancy). 6. Article XXIX, Section ~100-91(B2) of the Zoning Code authorizes by Special Exception approval from this Board and site plan approval from the Planning Board the following: ...B,..2. Multiple dwellings and townhouses. 7. Article XXIX, Section 100-92, Bulk, area and parking regulations permits such use only when the same conforms to the Bulk Schedule and Parking and Loading Schedules (of the Zoning Code) with the same force and effect as if such regulations were set forth herein in full, and in this Hamlet-Business (HB) Zone District, a minimum of 20,000 sq. ft. is required per dwelling unit and per business or office unit. The total uses, together with this Special Exception for a second unit over the existing dwelling unit, amounts to five, inclusive of one existing retail; one existing business; one existing office; one existing dwelling; for five total units or 100,000 sq. ft. (20,000 sq. ft. x 5 units). Simultaneously herewith, this Board has granted alternative relief for this second dwelling unit in the two-story dwelling structure, in an area variance application made by the applicants. The alternative relief limits the amount of the variance approval up to 20,000 sq. ft. in order to authorize this single dwelling unit. (The relief requested by the applicants was for two additional units, and the relief as requested was denied by the Board.) 8. In considering this application, the Board also finds and determines: (1) the proposed use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (2) the use will not adversely affect the safety, welfare, comfort, convenience, or order of the Town; (3) the use is in harmony with and will promote the general purposes and intent of zoning. The Board has also considered subsections (A) through (P) of Article XXVI, Section 100-264 of the Zoning Code. Accordingly, on motion by Mr. Villa, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Special Exception, authorizing the addition of a second dwelling unit in the existing two-story frame house, (commonly referred to as a "two-family dwelling") in this Hamlet-Business (HB) Zone District, and subject to the following CONDITIONS: 1. Compliance with the following zoning code requirements: · P~ge 4 - Appl. No. Matter of JOSEPH AND BETTY HARDY ~Decision Rendered September 12, 1991 la) Site Plan approval by the Southold Town Planning Board, which Board may require more stringent parking requirements than the conditions stipulated below concerning the Special Exception; ~ (b) accessory structure must revert back to an accessory use with removal of all cooking and housekeeping plumbing facilities ~electrical utilities for lighting purposes will be permitted to remain}; (c) accessory structure shall not be permitted for office use or any business or separate rental/profitable use, and shall be permitted for garage and/or dead storage purposes only; 2. Two parallel parking spaces to be painted in front of the retail business building for vehicles traveling in an easterly direction (to park facing the east); .~ ~-~ ~, ,~ 3. A printed sign to be placed at the front of the business building directing all vehicles to "PARK IN THE REAR." 4. Before issuance of a Certificate of Occupancy or other documentation, acceptance and final inspection concerning the above conditions shall be made by the Board of Appeals, or member thereof. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa. (Absent were Members Doyen and Grigonis.) This 'resolution was duly adopted. lk Examined ................. 19... FOFtM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN Fl,ALL SOUTHOLD, N.Y. 11071 TEL.; 765-1802 .\pproved ................. 19... Permit No ............ }isapproved a/c ..................................... :,\LTIt .......... suRveY ...... ~< .... ~ .... cn~cK .... c.P.m&..'~.., ~. . SEPTIC FORM ..~ ........... NOTIFY CALL MAlL TO: (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. Tlds application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, w~,h 3 :ts of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan shoxving location of lot and of buildings on premises, relationship to adjoining premises or public streets :r areas, and giving a detailed description of layout of property must be drawn on the diagram which is pan of this appti- 'ation. c. The work covered by ti'ds application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit hall 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 whatever until a Certificate of Occupancy hall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the !uilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or ~egutations. for the construction of buildings, ad. ditions or alterations, or for removal or demolition, as herein described. 7he applicant agrees to comply with all applicable laws. ordinances, building code, housing code, and regulations, and to :-amit authorized inspectors on premises and in building for necessary__25r~ m-Wa~jainspecti°ns' ~--/-/'~5 .., .,, ....... , ..Z-x/c ..... , .............. (Signatur~ o~ applicant, or name, if a corporanon) ...-~.'.~..,~...~,..4'.. 7-'- . · :- !./7.4 .a' .......... ' (Mailing addi'ess of applicant) : ~ate whether applicant is owner, lessee, agent, architect, engineer.~general~ contractor~, electrician,~ plumber or builder. (as on the tax roll or latest deed) .. ~-~....-7~..~ ~',oapplicant i~ c~rporatior3,,signature of duly authoriz.e¢i, officer.. (Name and title of_ corporate Builder's License No..~..~. Plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ...................... Location of land on which proposed work will be done ' }louse Number Street. Hainlet ?? 5/' ~' ~ -- -' '~- ·.-ount~ .a.~ ,~,ap ~o., ~ ~¢ct,o, .................. muck ..... .............?' Lot .. .v.q.s..~. ... ... Subdivision ..................................... Eilcd Map No ............... Lot .. ............. (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: · ......... $- Natureofwork(checkv,-bichar~,.,cable): New Building ..~ .... Addilion . ..~5~...'..:' Alteration ...... Repa/r .............. Removal .............. Demolition ............. t re'- ......... ~ (D 4. Estimatc'd Cost .... cscnpt ~ .... ' ......................... Fee... (to be p?id on filing this application) 5. If dwelling, number or dwelling units ............... Number o f dwelling units on each floor. ' If garage, hum bet of cars .............. · ......... Dimensions of same structure with alterations or additions: Front ' ' ........ Depth ,, · . - · - - · ..... Rear .... ...................... ~lc~t ............ Number .... 8. D~mensmBs of entire new construct o-' w.- . ~ ...... ~,~ of Stones ................ Si- ~, 2 ...... ,:M'~umqer°lStones. ./. · ~' ......... 9. ~emmt:eront ~,/~ ~. . ' ..... >'; ..... '; ........................... I0. ' ..... r .......... lqear .~ /7 ' ' ...... .... - ~7 '' ': ..... ~: ..... Depth ...~.... 11. Zone or use dis~.;-* ~ .... - , '''. ...... : ....... .,. mame of ~omer Owner ~.. . ~ ..... D ..... ' ....... ,,)mn ~rcm~ses are s~tuated . ~. ~<~.~ .W~ . . ' .............. 12. ~ ~roposea Construction vmtate any zoning law, ordinance or regulation: .M. 2... 13. Will lot be regraded ............................ Will excess fill be removed from remises: Yes 14. N~e of Owner of ~remises ~,, .~)~ ....... Address f~5~..~: ~)~;ne No. N~e of Architect .... J ............ .~ ....... Address~ ..... Phone No. Nme °f Contractor~rWdo0 ~x .,. o,,7 ;/W.' '~,'" ~: ....... 1~;[5 th~s ~roperty located ~ithin,O0 feet of a ti~;'l hb'.'...' ~ yes, aouthold To~n Trustees Permit may be required. PLOT DIAG ~M Locate cle~ly ~d dist~ctly ~I bugd~gs, whether existing or proposed, ~d. indicate ~I set-back d~ension~ fro prope~y hnes. Give street ~d block number or desehption according to deed, ~d show street nines and ~dicate wheth interior or Comer lot. ~;T,\TE OF NEW~YOj~tL cOUNTy s.s (Namc of individual signing contract) being duly sworn, deposes ~d says that he is the applicant (Contractor agent corporatc officer ) .............. , , , etc. said owner or owners, ~d is duly author/zed to perform or bare performed the said work and to m~e and file tiffs Pplic~tion: that all statements contained in this application are Iruc ~o thc best of his knowlcdgu and belief; and that IBc :ork will be perfo~md in the m~ner set forth in the application filed therewith. 'worn to belore mc this .......... ........... ' .?0~ $2-4655242. SUF[OtK (Signature of applicant) FOFIM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 7G5 1802 :xamincd ................. 19... '~pproved ................ , 19 . . . Permit No ............ )isapproved a/¢ ..................................... BOAF~O OF HEALTII 3 SETS OF PL,IH~ .......... SURVEY ................... CIIECK .................... SEPTIC FO [rtl .............. CALL ................... HAIL TO: (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, wit? ) ~ts 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 r areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appLi- qtion. c. The work covered by this application may not be cbmmenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit ~ail 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 whatever until a Certificate of Occupancy roll have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the uilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or egulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. he applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to ~mit anthor/zed inspectors on premises and in building for necessary inspections. ~ / , / ' ' (Sig~nature of applicant, o0 name, if fl-efft¢oratlqm4--7~-~ (Mailing address of applicant) ;tare whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ......... ....................................................................... ...... . ' ~ame of owner of premises . .JO.$~..~J~ .......................................... ¢-- .~g, .1T~. J ........ (as on the t.a% roll or latest deed) :' applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No ' Plumber's License No. ' ' Electrician's License No ....................... Other Trade's LicenSe No Location of land on which proposed work will be done.. ~..~.~. (3.. . ~.~ IlO..'-~ h ~) . ~ ~ '-'L"~"I.'T~C]~i. [Q.~ yo. . Ilouse Number Street Hamlqt Cotmty T~× Map No. 000 Section ............... Block ........ Lot .............. SubdMsion ..................................... Filed Map No ............... Lot ............... (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ...T. fi..-U'.O~..""~.u..5.et,1 ~-S,,% ....................................... b. Intended use and occupancy . .~.TO~ F-. ...... gq I.q].t..[~.~2. ........... L. 3. Naturc ofwork (check which applicable): New Building .......... Addition Alteration ...~..... Repair .............. Removal .............. Demolition .............. Other Work ............. 4. Estimated Cost ...~.4.Q~..~....dY.~. (Description) 5. If dwelling, number of dwelling units -- (to be paid on filing this application) ............... Number of dwelling units on each floor. · If garage, numberofcars ..7 ........... ' ............. If business, commercial or mixed ocCUpancy, specify ............................. nature and extent of each type of use /~h'-/:-.,gU... ~..'CO~... 7: Dimensions of existing structures, it- any: Front. .. · ' · tt~ght ............... Nnmbcr ot- Stories .... ' ....... Rear .............. Depth .............. DLmcnsions of same structure with alterations or additions: Front ....................................... Depth ........ . ................ Rea .............. .............. lfeight ...... ..-- 8. Dimensions of entire new construction: Front ................ Number of Stories ........ ' ........... Height ............... Rear .......... Depth ............... Number of Stories ...... ' .................. 9. Size of lot: Front ....... ...................... Rear .......................................... 10. Date of Purchase /q~'~r ...................... Depth .......... 11. , · ' ...... ~' ................... Name of Former Owner .C.HA/~..&,~.. 2~B~.. Zone or use district in which premises are situated....~J./~ ............................................. 12. Does proposed construction violate any zoning laxv, ordinance or re-t latmn /5] . 13. Will lot be re-raded ,4Jo ~ ' iD... NNz; oo~ AO~lT~:[ .......................... Vlll excess fill be removed from premises: Yes Name of Contractor dnff~.~' '~t' ":i:~e~ ......... --- ;,.'Z ' ' ' ;- .... - ........ Phone No ............... ..... , ........ ^(~aress maq,9 Kk... ~alrltaCKPhon No . .. 15. Is this property within 300 feet of a tidal wetland* '*Yes · No ~. ] '. .......... · If yes, Southold Town Trustees Permit may be required. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or comer lot. FATE OF NP~OI~/q~. / - 5s -- · ......... ,~'-~' '~ .... ~'f~ ( ~'~ ......... being duly sworn, deposes and says flmt he is the applicant (Name o~ nd v dual signing contract) : iS the - 3 .~ ~ ...................... "' ' (Contractor, agent, corporate officer, etc.) ...... ~aicl owner or owners, and is duly authorized to per£orm or have perforated the said xvor~ ~nd to m~e and file this ~Iica~ion: ~h~t all statements contained in this application are lrue to Ihe best oFhis knowledge and belief; and that the ~rk will be performed m tJ~e manner set forth in the applicalion filed therewitli. om to before me Ibis 7 ~'~ ............... l'''wr'., ~O~iyd / No~wPublc StatoofNewYo / ~- / / ~. S 5 PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 1197 t Fax (516) 765-1823 December 10, 1991 P. Edward Reale, Esq. Twomey, Latham, Shea & Kelley 33 West Second Street P.O.Box 398 Riverhead, New York 11901 Re: Proposed Site Plan for Joseph & Betty Hardy S/S/o SR 25 opposite Wickham Avenue, Mattituck, SCTM # 1000-114-11-05 Dear Mr. Reale: At its public meeting on December 9, 1991, the Planning Board adopted the following resolution. BE IT RESOLVED that the Planning Board takes Lead Agent. BE IT FURTHER RESOLVED That the Planning Board finds that it is unable to make a determination of significance because of additional information that has been brought to the Planning Board's attention during the coordinated review: to wit, The site plan shows the use of the accessory garage as an apartment, which use has been denied by the Zoning Board in the last appeal before it. The site plan must be revised to show a proposed use other than an apartment. A variance is needed for the proposed structure. The proposed storage building has insufficient side yard setback for either an accessory or a principal building in this zone. The Planning Board hereby requests that the applicant provide a corrected site plan and sufficient information for this Board to complete the environmental review. Please submit eight copies of the revised site plan and any additional information that may be applicable to this office. If there are any questions, Valerie Scopaz, Town Planner, will be able to assist you. Sincerely, Enc. cc: Bennett Orlowski, Jr. Chairman Coordinating Agencies: Gerard P. Goehringer, Chairman, zoning Board of Appeals Victor Lessard, Principal Building Inspector Judith T. Terry, Town Clerk Vito Minei, Suffolk County Department of Health Services Commissioner Jorling, NYS Dept. of Environmental Conservation John Falotico, NYS Dept. of Transportation Applicant Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Supervisor ~wn Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: SUBJECT: iNTER-DEPARTMENTAL MEMORANDUM Bennett Orlowski, Jr., Chairman Southold Town Planning Board _ Jerry G oehringer November 18, 1991 Your Informal Inquiries Received November 1, 1991 Project Reference: Hardy Plumbing & Heating SCTM 91000-114-11-5 at Main Road, Mattituck Zone District: Hamlet Business (NOTE: This response shall be used in the Matter of Joseph and Betty Hardy at Mattituck, only. Parcel ID 91000-114-11-5.) Your inquiries concerning the above project have been received. Since its submission, Mrs. Hardy was again today referred to the Appeals Office by both the Building Inspector (Curt Horton) and Planning Board Office (Valerie Scopaz). Mrs. Hardy has not been able to receive answers to the following questions: (a) does she need a building permit to make interior alterations for a proposed third tenant as a Boutique Shop? (b) does she need a Certificate of Occupancy for each new tenant of the front building if the occupancy or use changes? Both her questions and yours will hopefully be answered on the following pages, taking into account the following notations: 1. The proposed building as shown on the August 4, 1989 plan on file with the Planning Board and pending at this time (as prepared by Peconic Surveyors & Engineers, P.C.) was deleted from the Z.B.A. plans as authorized by Mr. R~ale, attorney for Mr. and Mrs. Hardy, and therefore'was withdrawn from consideration. ~ 2. The maps before you are not appropriate for processing since they do not show the uses as recently approved and Page 2 - Nove! ~r 18, 1991 To: Plannin9 Board Re: Hardy Project at Mattituck Zone District: HB modified by the ZBA. The area shown for retail occupancies do not appear to be incorrect, and the store dimensions and front building setbacks are believed to be preexisting of zoning. 3. Also to our knowledge, the nonconforming use of the front yard area for parking is also preexisting of the zoning code. 4. The size of this parcel is 21,906 sq. ft. The square footage of the front building has not structurally changed, and is, to our knowledge, validly preexisting. The tenants and occupants of the internal portions of the building have changed several times over the last 35 years (i.e. retail stores, luncheonette, pizzaria, personal service shop, business office, and others uses permitted under the code at that time). With reference to question ~1 of your memorandum: It is apparent that the proposed building does not meet the setback requirements of the Code laccessory or principal). Therefore the site plan should either be revised to delete this storage building from consideration by the Planning Board, or be held in abeyance until such time as the appeal process begins (i.e., the Building Inspector should issue a Notice of Disapproval - a copy of the building permit application was filed with the Building Department on April 4, 1989; copy attached for reference). Each department should require as part of their files a construction diagram to determine conformity with height provisions of the Code. Since a variance is needed for setbacks, we will request this information at the time of filing of the variance, if you prefer. Other questions concerning its use, as it relates to the accessory or principal use provisions, should also be asked. (The building permit and site plan applica- cations should be revised to include these questions.) Today Mrs. Hardy delivered to the Building Department an application for a building permit (copy attached) for minor interior changes to the center store. The ZBA does not believe it would be appropriate for any department (other than the Building Department) determine whether or not a building permit is required for minor interior alterations within a building. This is within the purview of the Building Inspector. We have in the past understood that permits were required in the past for placements of counters and the like for safety reasons under the NYS Construction Code. A new Certificate of Occupancy should also be required for each new tenant/occupant. Pa~e 3 - November 18, 14 To: Planning Board Re: Hardy Project at Mattituck Zone District: HB This would help to assure not only the town but also the occupants of compliance and limitations under the NYS Construction Code and other applicable rules and regulations at the time of new tenancy. The issuance of a Certificate of Occupancy for a change of tenancy may not, in our opinion, be disapproved unless there were an increase or expansion of the commercial areas (The Pre-C.O. issued April 10, 1980 indicated that there were retail stores in the front commercial building. It also made reference to the number "two," which was for two tenants or occupants within the same building complex. The actual floor area of the stores have not increased since 1957 to the best of our knowledge. And we all know that zoning may not be used to control ownership or tenancies.) 3. Your last question concerns the painting of two parallel parking spaces in front the commercial building. In speaking with A1 Bachman, Engineer with the NYS Department of Transportation, it is his opinion that if the elimination of diagonal parking were agreeable by the owner, the NYS DOT would not be disagreeable since it would be an improvement. Mr. Bachman suggested that a copy of our decision, together with the map existing parking area be referred to the NYS Department of Transportation. (Alternatively, in the worst case scenario, the DOT would, of course, supercede the Planning Board or any other town ~gency.) Please keep in mind that the existing diagonal parking has been in existence for over 35 years, and with the owners' consent, will be improved by the elimination of backing-out onto the highway (at the least). To summarize the above, this project will: a) require amended site plans maps (should not affect SEQRA) b) require compliance of the "accessory building" which was improperly converted over the years c) require a variance as to setbacks of the proposed storage building d) require a referral by the Building Inspector to the NYS DOT pursuant to General Municipal Law, Section 239K e) require a Certificate of Occupancy in the name of the new tenant or occupancy for each unit in the commercial building certifying the use and any building alterations f) not be permitted to expand or increase the commercial building floor area in the future (unless variances are obtained) g) require a Certificate of Occupancy for the two-family dwelling, after compliance with the conditions imposed under Z.B.A. Appl. Nos. 3958 and 2959 dated September 12, 1991 h) require a Certificate of Occupancy for the existing accessory building, after removal of the kitchen and dwelling facilities Page 4 - Nove ar 18, 1991 To: Planning Board Re: Hardy Project at Mattituck Zone District: HB i) be subject to a determination by the Building Inspector as to the requirement for a building permit under the NYS Construction Code and other laws for any and all occupancies of the buildings. GG:lk MEMORANDUM TO FILE RE: Hardy Plumbing & Heating Mattituck, N.Y. DATE: October 31, 1991 Ail correspondence shall be sent to Edward Reale at the firm of Twomey, Latham, Shea & Kelley. Although Mr. Rudolph Bruer made the application on Mr. HArdy's behalf, he no longer represents Mr. Hardy. PLANNING BOARD MEMBERS Bennett Orlowski, Jr.. Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 MEMORANDUM TO: FROM: RE: Gerard P. Goehringer, Chairman Zoning Board of Appeals Bennett Orlowski, ~r.-~ Proposed Site Plan for Hardy Plumbing & Heating S/s/o SR 25 opposite Wickh~m Avenue, Mattituck, N.Y. SCTM # 1000-114-11-5 ZBA Appeals No. 3959-SE As Amended on 1-10-91. DATE: October 31, 1991 On OCtober 21, 1991, the Planning Board started the environmental coordination for this project. However, the enclosed memorandum from the Building Department raises some questions which should be answered before the Planning Board proceeds with the environmental and site review. It would be most helpful if your Board could provide a detailed response to the points raised in the attached memorandum that pertain to matters under your jurisdiction, specifically, whether the proposed storage building should be considered a principal use or an accessory use (and structure); whether the third retail business can be issued a Certificate of Occupancy based on the September 12, 1991 decision on Appeal 3959-SE or a prior decision of the Zoning Board; In addition to the questions raised in the attached memorandum, one concern of the Board is that Condition #2 of the decision on Appeal 3959-SE requires the striping of two parallel parking spaces in front of the retail stores. Part of the property in the front yard lies within the right of way for State Route 25. Implementation of this condition will require a coordinated review, environmental and otherwise, with the New York State Department of Transportation. If our past experience with the State is any indicator, it will not be possible to obtain State permission to designate parking spaces within the right of way for SR 25. After we have received your response, we will ask the applicant to provide suitably revised site plans. The environmental coordination started on October 21, 1991. However, these questions must be addressed before the Board can reach a determination. Encl. cc: Victor Lessard, Principal Building Inspector INSPECTORS Victor Lessard Principal Building Inspector Curtis Horton Senior Building Inspector Thomas Fisher Building Inspector Gary Fish Building Inspector Vincent R. Wieczorek Ordinance Inspector Robert Fisher Assistant Fire Inspector Telephone (516) 765-1802 sco~Fr L. HARRIS, Southold Town Hall P.O. Box 1179, 53095 Main Road Southoldl New York 11971 Fax (516) 765-1823 Telephone (5 I6) 765-1800 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD TO: FROM: SUBJECT: DATE: PLANNING BOARD VICTOR LESSARD, BUILDING DEPARTMENT ~/. SITE PLAN FOR JOSEPH & BETTY HARDY OCTOBER 23, 1991 Pre-Co done for Nickolas Kouros on April 10, 1980 indicates property contained a one family dwelling and two (2) retail stores. Action to correct third (3) store required. Violation still exists on conversion of accessory garage to habitable quarters. Application to legalize same has just been denied by Zoning Board of Appeals. Proposed Building of 2400 square feet has insufficient sideyard set-back and requires favorable action from Zoning Board of Appeals to remain. Property's of over 20,000 square feet require a side yard of 5'-0 up to a 39,990 square foot property. ZBA should determine if main or accessory building. Ail these conditions should be addressed before proceeding with the site plan. VL:gar cc to: Zoning Board of Appeals/ OCT 2 3 i991 SOUTHOLD TOWN PLANNING 80ARD RAYMOND L. JACOBS SUPERINTENDENT OF HIGHWAYS 765-3140 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD JAMES A. RICHTER ENGINEERING INSPECTOR 734-5211 TO: FROM: SUBJECT: DATE: MEMORANDUM Bennett Orlowpki, Jr. Chairman, Planning Board James A. Richter Short Environmental Assessment Forms J6seph & Betty Hardy - S~TM # 1000-114-11-5 October 25~-1991 As per your request, enclosed please find the short environmental 'assessment forms for the above referenced projects. Please be advised that Part III of this form still requires your signature and related information. If you have any questions please do not hesitate to call. eric. DIVISION ' PROIECT LD, NUMBER NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION OF REGULATORY AFFAIRS State Environmental Quality Review i~C':']VFg ~¥ SHORT ENVIRONMENTAL ASSESSMENT ~ '~'" FORM i!j!~i~:i~ ' ~'~ ~'~" ~ For UNLISTED ACTIONS Only ~ ~ ' '; ~ ' PART I Project Information (To be completed by Applicant or Project sponsor) 2. prowLS, Name Municipali~ ' Counff ~Li 4. Is proposed action: 6 Precise location (road intersections, prominent landmarks, etc. or provide map) 7. Amoun~ of land affected:~ ~ Initially ~ ~ acres Ultimately ~ acres ~ Yes ~ No H No, describe briefly ~ Residential ~ Indust,iaJ ~ Commercial ~ Agriculture ~ Parkland/open space 10. Does ac ion involve a permit/approvaL or funding, now or ultimately from any other governmental agency (Federal. state or local [] Yes [] No If yes, list agency name and permitJapprova[ type I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS [RUE TO THE BEST OF MY KNOWLEDGE If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II--ENVIRONMENTAL ASSESSMENT (To be completed by AF B. WILL ACTION RECEIVE COORO[NATED REV,EW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYORR. PART 617.6? C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwnnen. Il !egible C3. Vegetation or fauna, fish, shellfish or wildlife species, significant haDitats, or threatened or endangered species? Explain briefly: No NO C6. Long term, short term, cumulative, or other effects not identified in C1-C57 Explain briefly. ¸No C7. Other impacts (including changes ~n use of either quantity or type of energy)? Explain brielly. NO O. IS THERE. OR IS THERE L KELY TO BE. CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS'~ Elves If Yes, explain bRefly PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether il is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibilily; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevanf adverse Impacts have been identified and adequntely addressed. [] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. ~Check this box H' you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: INSPECTORS Victor Lessard Principal Building Inspector Curtis Horton Senior Building Inspector Thomas Fisher Building Inspector Gary Fish Building Inspector Vincent R. Wieczorek Ordinance Inspector Robert Fisher Assistant Fire Inspector Telephone (516) 765-1802 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD SCOrl L. HARRIS, Supervisor Southold Town Hall P.O. Box 1179, 53095 Main Road Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: SUBJECT: DATE: PLANNING BOARD VICTOR LESSARD, BUILDING DEPARTMENT~,. SITE PLAN FOR JOSEPH & BETTY HARDY OCTOBER 23, 1991 Pre-Co done for Nickolas Kouros on April 10, 1980 indicates property contained a one family dwelling and two (2) retail stores. Action to correct third (3) store required. Violation still exists on conversion of accessory garage to habitable quarters. Application to legalize same has just been denied by Zoning Board of Appeals. Proposed Building of 2400 square feet has insufficient sideyard set-back and requires favorable action from Zoning Board of Appeals to remain. Property's of over 20,000 square feet require a side yard of 5'-0 up to a 39,990 square foot property. ZBA should determine if main or accessory building. Ail these conditions should be addressed before proceeding with the site plan. VL:gar cc to: Zoning Board of Appeals/ SOUTHOU) TOWN Pt.qNNING BOARD PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 October 22, 1991 P. Edward Reale, Esq. Towmey, Latham, Shea & Kelly 33 West Second Street P.O. Box 398 Riverhead, NY 11901 RE: Site Plan for Joseph and Betty Hardy SCTM# 1000-114-11-5 Dear Mr. Reale: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, October 21, 1991. BE IT RESOLVED that the Southold Town Planning Board start the coordination process on this unlisted action. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jrt/ Chairman PLANNING BOARD MEMBERS Bennett Orlowski, Jr.. Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 RE: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you ill your respogse. Project Name: ~.~.~3 ' ~./~.~' SEQ~ Classification: ( ~ Type I ( ~ Unlisted (510)-765-1938 ' The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: ( ~TThis agency wishes to assume lead agency status for this action. ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other. ( See comments b~low). Comments: Please feel free to contact this office for further information. Sincerely, /~ ~ bennett Orlowski, Jr. ~ Chairman cc: Board of Appeals ~Building'Department Southold Town Board ~Suffolk County Dept. of Health Services NYE DEC~Br~k ~/~YSDEC - Albany F,-_C. D~?~ of--P~b~-i~ Wer-k~-~ ~N.Y.S. Dept. of Transportation * Maps are enclosed for your review Coordinating agencies '' PART I Project Information [To be completed by Applicant or Project sponsor) S. Describe proiect briefly: · [PROJECT I,D, NUMBER NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVISION OF REGULATORY AFFAIRS State Environmental Quality Review ~{.-'~]\!E~ SHORT ENVIRONMENTAL ASSESSMENT FORM~LJ]~0L~ ::~ ' "" ' For UNLISTED ACTIONS Only ,' [] Modification/alteration [ [] Yes [] NO If NO, describe briefly [] Residential [] Industrial [] Co .... cial [] Agriculture [] Parkland/open space [] Other [] Yes [] No If yes, list agency name and perml~approval type If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PLANNING BOARD MEMBERS Bennett Orlowski, .Ir.. Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box tl79 Southold, New York 11971 Fax (516) 765-1823 MEMORANDUM TO: FROM: RE: James Richter, Road Inspector Bennett Orlowski, Jr., Chairman~'} Review of Short Environmental Assessment Form Proposed Site Plan for Joseph and Betty Hardy SCTM$ 1000-114-11-5 DATE: October 8, 1991 Please complete part two of the attached SEAF. The applicant has received variances from the Zoning Board of Appeals, (copies attached). If you have any questions, please contact Robert Kassner of this office. Enc. cc: Raymond Jacobs, Highway Superintendent PARTI PROIECT I.D. NUMBER NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION · DIVISION OF REGULATORY AFFAIRS State Environmental Quality Review I~[C~]\/[D SHORT ENVIRONMENTAL ASSESSMENT :,,,t~:,r,:. ~, -~,,~, FORM ~,,:~,,~ ,.,,{ ~,~;&~ For UNLISTED ACTIONS Only ~ jjj~~ ~' ¢' Project Information (To be completed by Applicant or Project sponsor) ' ' ' ~/~rE 1. Applicant/sponsor J 2, Pro~..~. Name r acres Ultimately · [] Yes [] NO If No, describe briefly [] Agriculture [] Parkland/open space [] Other .. 11 Does any aspect oJ the action have a currently valid permit or approval~ [] Yes [] NO If yes, list agency name and permit/approval type If tho action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II--ENVIRONMENTAL ASSESSMENT (To be COmpleted by C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOW NG: (Answers may be bandWrll en le Irate C3. Vegetation or fauna, fish, Shellfish or wildlife specms, significant habitals, or lhreatened or endangered species2 Exp[aln brlehy: C5. Growth, Subsequent development, or related activities likely to be induced Dy the proposed action? Explain bre y C6. Long term, short term, cumulative, or other effects not i'dentified in Ct C$'~ Explain brmSy. C7. OIher impacts (including changes in use of either quanbt¥ or type of energy)? Explain briefly. O. IS THERE, OR IS THERE LIKELY TO DE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? E} Yes [] No If Yes, explam b~ieSy PART III--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, )arge, imporlant or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (bi probabib~y of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (fi magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanalions contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. [] Cheek this box if you have identified one or more potentially large or significant adverse *mpacts which MAY occur. Then proceed directly to the FULL EAr and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons Supporting this determination: 2 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOT'I' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE EOARD OF APPEALS ' Appl. No. 3959-SE (as AMENDED by January 10, 1991 letter from the applicants' attorney). Application of JOSEPH AND BETTY HARDY for a Special Exception to the Zoning Ordinance as authorized by Article XXIX, Section 100-91B(2) to grant approval for a multiple dwelling. Location of Property: 13500 Main Road, Mattituck, NY; County Tax Map No. 1000-114-11-5. Zoning District: Hamlet-Business (HB). WHEREAS, a public hearing was held on August 15, 1991, and at said hearing, all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, applicants request a Special Exception for conversion of the existing dwelling structure to a two-family dwelling use (from single-family status), located in the "two sty fr. house" depicted on the survey prepared by Peconic Surveyors & Engineers, P.C. dated July 29, 1988. 2. The premises in question is located along the south side of the Main Road (State Route 25) in the Hamlet of Mattituck, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 114, Block 11, Lot 5. 3. The subject premises is improved with the following structures: (a) one-story concrete block building with retail occupancies by three tenants (pizza parlor, personal service, and office area for Hardy Plumbing & Heating). This building preexists zoning and has nonconforming setbacks in the front and side yards; Page 2 - Appl. J. ~9-SE Matter of JOSEPH AND BETTY HARDY Decision Rendered September 12, 1991 (b) accessory 20.4 ft. by 30.3 ft. garage/storage structure, located in the rear yard area, which was renovated in or about 1988, without permits and proper approvals, to a pet-grooming (personal service)l use and shortly thereafter converted, again without town permits and all proper approvals, into a dwelling; (c) two-story frame house, which is connected to the front business building by a deck. 4. It is noted that the front building and two-story frame house structure (now attached to the front building by a deck) was on April 10, 1980 issued a Preexisting Certificate of Occupancy (~Z9919) showing both structures and land to be used for single-family dwelling use and two retail occupant uses, respectively, which are shown to have been existing prior to the enactment of zoning in April 23~ 1957. 5. The parcel is nonconforming in total lot area for the multiple (mixed) uses in this nonresidential zone district, as well as substandard parking and screening. The nonconformi- ties for the total lot area are appropriated as follows for clarification: (a) the total lot area of this parcel is 21,906 sq. ft., of which one of four units may be authorized or in conformity, to wit: 20,000 sq. ft. per dwelling unit or per nonresidential unit. (b) since more than one unit has existed, that is, one established single-family dwelling at 20,000 sq. ft. without community water or sewer and three (3) business and/or office units at 20,000 sq. ft. minimum per unit; the total required for these four occupancies are 80,000 sq. ft. of lot area. (See "Density and Minimum Lot Size Schedule for Nonresidential Districts"); (c) ~the total area required for four legally established occupied units, plus this single dwelling unit {five units total} is 100,000 sq. ft. (20,000 sq. ft. x 5 units); (d) the increase in the degree of nonconformance is 20,000 sq. ft. over the existing legally established nonconformities of area and density (the sixth unit for the accessory dwelling/cottage structure in the rear would further increase the nonconformity). The accessory building in the rear may be permitted only as an accessory building and may be used only customarily incidental and subordinate to the main use on this lot, and not as a dwelling unit with cooking or housekeeping facilities. (For the record, it is noted that by separate application, also this date, this Board denied the area and use variance requested for conversion from an accessory Page 3 Appl. No. ~)59 Matter of JOSEPH AND BETTY HARDY Decision Rendered September 12, 1991 storage/garage structure to a sixth principa[~ unit (for dwelling occupancy). 6. Article XXIX, Section i100-91(B2) of the Zoninq Code authorizes by Special Exception approval from this Board and site plan approval from the Planning Board tile fol2towing: · ..B...2. Multiple dwellings and townhouses. 7. Article XXIX, Section 100-92, Bulk, area and parking regulations permits such use only when the same conforms to the Bulk Schedule and Parking and Loading Schedules (of the Zoning Code) with the same force and effect as if such regulations were set forth herein in full, and in this Hamlet-Business (iHB) Zone District, a minimum of 20,000 sq. ft. is required per dwelling unit and per business or office unit. The total uses, 'together with this Special Exception for a second unit over the existing dwelling unit, amounts to five, inclusive of one existing retail; one existing business; one existing office; one existing dwelling; for five total units or 100,000 sq. ft. (20,0(]0 sq. ft. x 5 units). Simultaneously herewith, this Board has granted alternative relief for this second dwelling' unit in the two-story dwelling structure, in an area variance application made by the applicants. The alternative relief limits the amount of the variance approval up to 20,000 sq. ft. in order to authorize this single dwelling unit. (The relief requested by the applicants was for two additional units, and the re]fief as requested was denied by the Board.) 8. In considering this application, the Board als() finds and determines: (1) the proposed use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (2) tlhe use will not adversely affect the safety, welfare, comfort, convenience, or order of the Town; (3) the use is in harmony with and will promote the g~neral purposes and intent of zoning. The Board has also considered subsections (A) through (p) of Article XXVI, Section 100-264 of the Zoning Code. Accordingly, on motion by Mr. Villa, seconded Mr. Dinizio, it was RESOLVED, to GRANT a Special Exception, authorizing the addition of a second dwelling unit in the existing two-story frame house, (commonly referred to as a "two-family dwelling") in this Hamlet-Business (HB) Zone District, and subject to the following CONDITIONS: ' 1. Compliance with the following zoning code requirements: ~Page 4 - Appl. ,o. ~}959-SE Matter of JOSEPH AND BETTY HARDY Decision Rendered September 12, 1991 {a) Site Plan approval by the Southold Town Planning Board, which Board may require more stringent parking requirements than the conditions stipulated below concerning the Special Exception; (b) accessory structure must revert back to an accessory use with removal of all cooking and housekeeping plumbing facilities {electrical utilities for lighting purposes will be permitted to remain}; (c) accessory structure shall not be permitted for office use or any business or separate rental/profitable use, and shall be permitted for garage and/or dead storage purposes only; 2. ~o parallel parking spaces to be painted in front of the retail business building fcr vehicles traveling in an easterly direction (to park facing the east); 3. A printed sign to be placed at the front of the business building directing all vehicles to "PARK IN THE REAR." 4. Before issuance of a Certificate of Occupancy or other documentation, acceptance and final inspection concerning the above conditions shall be made by the Board of Appeals, or member thereof. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa. (Absent were Members Doyen and Grigonis.) This resolution was duly adopted. lk APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN ~F SOU~OLD SCOTT L. HARRIS Supervisor Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. NO. 3958: Application of JOSEPH AND BETTY HARDY for a Variance to the Zoning Ordinance as authorized by Article IX, Section 100-92 for permission to increase the degree of nonconformance of the lot ar~a for the establishment or approval of a second dwelling unit in an existing dwelling structure and for the establishment or approval of a third dwelling unit in the rear accessory building, both in conjunction with multiple business uses and existing single-family residental unit of this parcel. Location of Premises: 13500 Main Road, Mattituck, NY; County Tax Map No. 1000-114-11-5. Zoning District: Hamlet-Business (HB). The subject parcel is nonconforming in this Hamlet Business (HB) Zone District containing approximately one-half acre of total lot area. WHEREAS, a public hearing was held on August 15, 1991, and at'said hearing, all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board ~ade the following findings of 1. By this application, applicants request area variances: fact: (a) for approval of conversion of the existing two-story dwelling structure as a two-family dwelling {by the addition of a second dwelling unit located over the existing dwelling unit}, and (b) for approval of use of the rear 20 ft. x 30 ft. one-story (accessory) building as a single family dwelling, in conjunction with the existing one retail business unit, one personal service unit, one office use, one dwellng unit, and proposed second dwelling unit, for a total of six occupied units. ~age 2 - Appl. No. %~95 8 V Matter of JOSEPH AND BE'i"±'Y HARDY Decision Rendered September 12, 1991 2. The premises in question is located along the south side of the Main Road (State Route 25) in the Hamlet of Mattituck, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 114, Block 11, Lot 5. 3. The subject premises is improved with the following structures: (a) one-story concrete block building with retail occupancies by three tenants (pizza parlor, personal service (tatoo application), and office area for Hardy Plumbing & Heating). This building preexists zoning and has nonconforming setbacks in the front and side yards. ; (b) accessory 20.4 ft. by 30.3 ft. garage/storage structure, located in the rear yard area, which was renovated in or about 1988 without permits and proper approvals into a pet-grooming (personal service) use and shortly thereafter converted, again without town permits and proper approvals, into a dwelling; (c) two-story frame house, which is connected to the front business building by a deck. 4. It is noted that the front building and two-story frame house structure (now attached to the front building by a deck) was on April 10, 1980 issued a Preexisting Certificate of Occupancy (~Z9919) showing both structures and land to be used for single-family dwelling use and two retail occupant uses, respectively, all of which are shown to have been existing prior to the enactment of zoning in April 23, 1957. 5. The parcel is nonconforming in total lot area for the multiple (mixed) uses in this nonresidential zone district, as well as substandard parking and screening. The nonconformi- ties for the total lot area are appropriated as follows for clarification: (a) the total lot area of this parcel is 21,906 sq. ft., of which one of four units may be authorized as a conformity, to wit: 20,000 sq. ft. per dwelling unit or per nonresidential unit; (b) since more than one unit has existed, that is, one established single-family dwelling without community water or sewer at 20,000 sq. ft., and three (3) business and/or office units at 20,000 sq. ft. minimum per unit; the total required for these four occupancies are 80,000 sq. ft. of lot area.(See "Density and Minimum Lot Size Schedule for Nonresidential Districts,,). Matter of JOSEPH AND BET'£f HARDY Decision Rendered September 12, 1991 5o (c) the total area required with the four legally established occupied units, plus the two proposed units, is 120,000 sq. ft. (d) the increase in the degree of nonconformance is 40,000 sq. ft. over the existing nonconformities of area and density, or 20,000 sq. ft. for each of the two additional proposed dwelling units. (Ref. Density and Lot Area Schedule as applies to the HB Zone). 6. For the record, it is also noted that accessory buildings are defined under Section 100-13 of the Zoning Code to be: ...A building or structure detached from a principal building located on the same lot as and customarily incidental and subordinate to the principal building... Although there is no record of a valid building permit or certificate of occupancy for this 20' x 30' rear building, the building as exists may be permitted only as an accessory building and may be used only customarily incidental and subordinate to the main use on this lot, and not as a dwelling unit with cooking or housekeeping facilities. A use variance is also being requested for the conversion of an accessory use to a principal dwelling use. 7. The conversion of the accessory building to a principal dwelling is not permitted by Special Exception as noted in the above paragraph and is not a multiple dwelling or townhouse, and also is not an apartment over a retail store or business office. {For the record, Article XXIX, Section 100-91(B2 & 4)) of the Zoning Code authorizes by Special Exception approval from this Board and site plan approval from the Planning Board the following: ~ office, ...Bi..2. Multiple dwellings and townhouse; 4. Apartments over retail stores and business subject to conditions (a through f).} 8. Under same date hereof, this Board has authorized by Special Exception with conditions, conversion of the main two-story dwelling structure from single-family to two-family use. (See decision under Appl. No. 3959-SE). 9. Article XXIX, Section 100-92, Bulk, Area and Parking regulations permit these uses only when the same conform to the Bulk Schedule, Parking and Loading Schedules (of the Zoning Code) with the same force and effect as if such regulations were set forth herein in full. It is clearly provided that in the Hamlet-Business (HB) Zone District, a minimum of 20,000 sq. ft. ' ~ 4 - Appl. o. 3~58-V /cter of JOSEPH AND BETTY HARDY .~ecision Rendered September 12, 1991 of land area is required per dwelling unit and per business or office unit. The allowable uses, together with the Septem- ber 12, 1991 conditional Special Exception permit for a second unit over the existing dwellin~ unit, amount to five (inclusive of one existing retail; one existing business; one existing office; one existing dwelling; for five total units or 100,000 sq. ft.) {20,000 sq. ft. x 5 units}. 10. In considering the variances requested for the two additional units, it is the position of the Board that: (a) it is the burden of the landowners to prove that the area restrictions as applied to their land imposes "significant economic injury"; and the burden of proof has not been substantiated; (b) the relief requested for a variation of 40,000 sq. ft. of land area for the two requested units is substantial in relation to the requirements, being a variance of 300% of the requirements, and more than 100% of a variance over the existing lot area/density nonconformities; (c) the difficulties claimed are not sufficient to warrant a grant of the relief requested; (d) there will be an adverse effect of increased dwelling density produced on available governmental facilities by the creation of two dwelling units, in addition to those uses legally established; (e) there will be an adverse effect on the character of the neighborhood and the grant of the variances requested will in effect establish a zone district at odds with all other zone districts provided for in the zoning code; (f) the variances, if granted as requested, will in turn cause a substantial effect on the~afety, health, welfare, comfort, convenience, and order of the town; (g) in view of the manner in which the difficulty arose and in consideration of all the above facts, the interests of justice will be served by denying the variances as requested. ACCORDINGLY, on motion by Mr. Villa, seconded by Mr. Dinizio, it was RESOLVED, to DENY the variance for increased dwelling unit density and insufficient lot area applicable for each of the two units, as requested; and BE IT FURTHER -~'~ ~age 5 - Appl. No. 3958t V Matter of JOSEPH .~ID BETT~ HJ~RDy Decision Rendered September 12, 1991 RESOLVED, to GRANT alternative relief for the additional one dwelling unit in the existing two-story dwelling structure, for establishment of a two-family dwelling use, subject to the following CONDITIONS: ~ 1. Compliance with all zoning code requirements, including but not limited to the following: (a) Site Plan approval by the Southold Town Planning -~ Board, which Board may require more stringent parking · requirements than the conditions stipulated below concerning the Special Exception; (b) accessory structure must revert back to an accessory use with removal of all cooking and housekeeping plumbing facilities {electrical utilities for lighting purposes will be permitted to remain}; . (c) accessory structure shall not be permitted for office use or any business or separate rental/profitable use, and shall be permitted for garage and/or dead storage purposes only. 2. Two parallel parking spaces to be painted in front of the retail business building for vehicles traveling in an easterly direction (to park with vehicles facing e~st); 3. A printed sign to be placed at the front of the business building directing all vehicles to "PARK IN THE REAR." 4. Before issuance of a Certificate of Occupancy or other documentation, acceptance and final inspection concerning the above conditions shall be made by the Board of Appeals, or member thereof. Vote of the Board: . Ayes: Messrs. Goehringer, Dinizio and Villa. (Absent were Members Doyen and Grigonis.) This resolution wag duly adopted. lk GERARD P. GO,E~HRINGER, ~CHAI~-~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN O~ SOUTHOLD SCOTt L. HARRIS l~ Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 September 25, 1991 P. Edward Reale, Esq. Twomey, Latham, Shea & Kelley 33 West Second Street P.O. Box 398 Riverhead, NY 11901 Re: Special Exception No. 3959-SE and Variance No. 395~ Applications for Joseph and Betty Hardy Dear Mr. Reale: Please find attached for your records copies of each of the above determinations rendered by the Board of Appeals at our September 12, 1991 Meeting. Very truly yours, Linda Kowalski Enclosures Copies of Decisions to: Southold Town Building Department Southold Town Planning Board,/ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN O~ SOUTHOLD SCOT!~ L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 3959-SE (as AMENDED by January 10, 1991 letter from the applicants' attorney). Application of JOSEPH AND BETTY HARDY for a Special Exception to the Zoning Ordinance as authorized by Article XXIX, Section 100-91B(2) to grant approval for a multiple dwelling. Location of Property: 13500 Main Road, Mattituck, NY; County Tax Map No. 1000-114-11-5. Zoning District: Hamlet-Business WHEREAS, a public hearing was held on August 15, 1991, and at said hearing, all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, applicants request a Special Exception for conversion of the existing dwelling structure to a two-family dwelling use (from single-family status), located in the "two sty fr. house" depicted on the survey prepared by Peconic Surveyors & Engineers, P.C. dated July 29, 1988. 2. The premises in question is located along the south side of the Main Road (State Route 25) in the Hamlet of Mattituck, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 114, Block 11, Lot 5. 3. The subject premises is improved with the following structures: (a) one-story concrete block building with retail occupancies by three tenants (pizza parlor, personal service, and office area for Hardy Plumbing & Heating). This building preexists zoning and has nonconforming setbacks in the front and side yards; Page 2 - Appl. No. 395~E Matter of JOSEPH AND BETTY HARDY Decision Rendered September 12, 1991 (b) accessory 20.4 ft. by 30.3 ft. garage/storage structure, located in the rear yard area, which was renovated in or about 1988, without permits and proper approvals, to a pet-grooming (personal service)l use and shortly thereafter converted, again without town permits and all proper approvals, into a dwelling; (c) two-story frame house, which is connected to the front business building by a deck. 4. It is noted that the front building and two-story frame house structure (now attached to the front building by a deck) was on April 10, 1980 issued a Preexisting Certificate of Occupancy (#Z9919) showing both structures and land to be used for single-family dwelling use and two retail occupant uses, respectively, which are shown to have-~%~n'~xistlng prior ~o the enactment of zoning in April 23, 1957. 5. The parcel is nonconforming in total lot area for the multiple (mixed) uses in this nonresidential zone district, as well as substandard parking and screening. The nonconformi- ties for the total lot area are appropriated as follows for clarification: (a) the total lot area of this parcel is 21,906 sq. ft., of which one of four units may be authorized or in conformity, to wit: 20,000 sq. ft. per dwelling unit or per nonresidential unit. (b) since more than one unit has existed, that is, one established single-family dwelling at 20,000 sq. ft. without community water or sewer and thre~ ~3)_bus~ss and/~o~rgf~fi~c~ units at 20,000 sq. ft. minimum per unit; the total required for these four occupancies are 80,000 sq. ft. of lot area. (See "Density and Minimum Lot Size Schedule for Nonresidential Districts"); (c) the total area required for four legally established occupied units, plus this single dwelling unit {five units total} is 100,000 sq. ft. (20,000 sq. ft. x 5 units); (d) the increase in the degree of nonconformance is 20,000 sq. ft. over the existing legally established nonconformities of area and density (the sixth unit for the accessory dwelling/cottage structure in the rear would further increase the nonconformity). The accessory building in the rear may be permitted only as an accessory building and may be used only customarily incidental and subordinate to the main use on this lot, and not as a dwelling unit with cooking or housekeeping facilities. (For the record, it is noted that by separate application, also this date, this Board denied the area and use variance requested for conversion from an accessory Page 3 - Appl. No. 395~-SE Matter of JOSEPH AND BETTY HARDY Decision Rendered September 12, 1991 storage/garage structure to a sixth principal unit (for dwelling occupancy). 6. Article XXIX, Section I100-91(B2) of the Zoning Code authorizes by Special Exception approval from this Board and site plan approval from the Planning Board the following: ...B...2. Multiple dwellings and townhouses. 7. Article XXIX, Section 100-92, Bulk, area and parking regulations permits such use only when the same conforms to the Bulk Schedule and Parking and Loading Schedules (of the Zoning Code) with the same force and effect as if such regulations were set forth herein in full, and in this Hamlet-Business (HB) Zone District, a minimum of 20,000 sq. ft. is required per dwelling unit and per business or office unit. The total uses, together with this Special Exception for a second unit over the existing dwelling unit, amounts to five, inclusive of one existing retail; one existing business; one existing office; one existing dwelling; for five total units or 100,000 sq. ft. (20,000 sq. ft. x 5 units). Simultaneously herewith, this Board has granted alternative relief for this second dwelling unit in the two-story dwelling structure, in an area variance application made by the applicants. The alternative relief limits the amount of the variance approval up to 20,000 sq. ft. in order to authorize this single dwelling unit. (The relief requested by the applicants was for two additional units, and the relief as requested was denied by the Board.) 8. In considering this application, the Board also finds and determines: (1) the proposed use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (2) the use will not adversely affect the safety, welfare, comfort, convenience, or order of the Town; (3) the use is in harmony with and will promote the general purposes and intent of zoning. The Board has also considered subsections (A) through (P) of Article XXVI, Section 100-264 of the Zoning Code. Accordingly, on motion by Mr. Villa, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Special Exception, authorizing the addition of a second dwelling unit in the existing two-story frame house, (commonly referred to as a "two-family dwelling") in this Hamlet-Business (HB) Zone District, and subject to the following CONDITIONS: 1. Compliance with the following zoning code requirements: Page 4 Appl. No. 395!~E Matter of JOSEPH AND BETTY HARDY Decision Rendered September 12, 1991 (a) Site Plan approval by the Southold Town Planning Board, which Board may require more stringent parking requirements than the conditions stipulated below concerning the Special Exception; ~ (b) accessory structure must revert back to an accessory use with removal of all cooking and housekeeping plumbing facilities {electrical utilities for lighting purposes will be permitted to remain}; (c) accessory structure shall not be permitted for office use or any business or separate rental/profitable use, and shall be permitted for garage and/or dead storage purposes only; 2. Two parallel parking spaces to be painted in front of the retail business building for vehicles traveling in an easterly direction (to park facing the east); 3. A printed sign to be placed at the front of the business building directing all vehicles to "PARK IN THE REAR." 4. Before issuance of a Certificate of Occupancy or other documentation, acceptance and final inspection concerning the above conditions shall be made by the Board of Appeals, or member thereof. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa. (Absent were Members Doyen and Grigonis.) This resolution was duly adopted. lk APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, .Ir. Serge Doyen, .Ir. .lames Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN C~F SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS APpl. No. 3958: Application of JOSEPH AND BETT~ HARDY for a Variance to the Zoning Ordinance as authorized by Article IX, Section 100-92 for permission to increase the degree of nonconformance of the lot area for the establishment or approval of a second dwelling unit in an existing dwelling structure and for the establishment or approval of a third dwelling unit in the rear accessory building, both in conjunction with multiple business uses and existing single-family residental unit of this parcel. Location of Premises: 13500 Main Road, Mattituck, NY; County Tax Map No. 1000-114-11-5. Zoning District: Hamlet-Business (HB). The subject parcel is nonconforming in this Hamlet Business (HB) Zone District containing approximately one-half acre of total lot area. WHEREAS, a public hearing was held on August 15, 1991, and at said hearing, all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, applicants request area variances: (a) for approval of conversion of the existing two-story dwelling structure as a two-family dwelling {by the addition of a second dwelling unit located over the existing dwelling unit}, and (b) for approval of use of the rear 20 ft. x 30 ft. one-story (accessory) building as a single family dwelling, in conjunction with the existing one retail business unit, one personal service unit, one office use, one dwellng unit, and proposed second dwelling unit, for a total of six occupied units. Page 2 - Appl. No. 3958~¥ Matter of JOSEPH AND BE'I~'y HARDY Decision Rendered September 12, 1991 2. The premises in question is located along the south side of the Main Road (State Route 25) in the Hamlet of Mattituck, Town of Southold, an~ is identified on the Suffolk County Tax Maps as District 1000, Section 114, Block 11, Lot 5. 3. The subject premises is improved with the following structures: (a) one-story concrete block building with retail occupancies by three tenants (pizza parlor, personal service (tatoo application), and office area for Hardy Plumbing & Heating). This building preexists zoning and has nonconforming setbacks in the front and side yards. ; (b) accessory 20.4 ft. by 30.3 ft. garage/storage structure, located in the rear yard area, which was renovated in or about 1988 without permits and proper approvals into a pet-grooming (personal service) use and shortly thereafter converted, again without town permits and proper approvals, into a dwelling; (c) two-story frame house, which is connected to the front business building by a deck. 4. It is noted that the front building and two-story frame house structure (now attached to the front building by a deck) was on April 10, 1980 issued a Preexisting Certificate of Occupancy (#Z9919) showing both structures and land to be used for single-family dwelling use and two retail occupant uses, respectively, all of which are shown to have been existing prior to the enactment of zoning in April 23, 1957. 5. The parcel is nonconforming in total lot area for the multiple (mixed) uses in this nonresidential zone district, as well as substandard parking and screening. The nonconformi- ties for the total lot area are appropriated as follows for clarification: (a) the total lot area of this parcel is 21,906 sq. ft., of which one of four units may be authorized as a conformity, to wit: 20,000 sq. ft. per dwelling unit or per nonresidential unit; (b) since more than one unit has existed, that is, one established single-family dwelling without community water or sewer at 20,000 sq. ft., and three (3) business and/or office units at 20,000 sq. ft. minimum per unit; the total required for these four occupancies are 80,000 sq. ft. of lot area.(See "Density and Minimum Lot Size Schedule for Nonresidential Districts"). Page 3 - Appl. No. 395 ¥ Matter of JOSEPH AND BETTf HARDY Decision Rendered September 12, 1991 5o (c) the total area required with the four legally established occupied units, plus the two proposed units, is 120,000 sq. ft. (d) the increase in the degree of nonconformance is 40,000 sq. ft. over the existing nonconformities of area and density, or 20,000 sq. ft. for each of the two additional proposed dwelling units. (Ref. Density and Lot Area Schedule as applies to the HB Zone). 6. For the record, it is also noted that accessory buildings are defined under Section 100-13 of the Zoning Code to be: ...A building or structure detached from a principal building located on the same lot as and customarily incidental and subordinate to the principal building... Although there is no record of a valid building permit or certificate of occupancy for this 20' x 30' rear building, the building as exists may be permitted only as an accessory building and may be used only customarily incidental and subordinate to the main use on this lot, and not as a dwelling unit with cooking or housekeeping facilities. A use variance is also being requested for the conversion of an accessory use to a principal dwelling use. 7. The conversion of the accessory building to a principal dwelling is not permitted by Special Exception as noted in the above paragraph and is not a multiple dwelling or townhouse, and also is not an apartment over a retail store or business office. {For the record, Article XXIX, Section 100-91(B2 & 4)) of the Zoning Code authorizes by Special Exception approval from this Board and site plan approval from the Planning Board the following: office, ...B...2. Multiple dwellings and townhouse; 4. Apartments over retail stores and business subject to conditions (a through f).} 8. Under same date hereof, this Board has authorized by Special Exception with conditions, conversion of the main two-story dwelling structure from single-family to two-family use. (See decision under Appl. No. 3959-SE). 9. Article XXIX, Section 100-92, Bulk, Area and Parking regulations permit these uses only when the same conform to the Bulk Schedule, Parking and Loading Schedules (of the Zoning Code) with the same force and effect as if such regulations were set forth herein in full. It is clearly provided that in the Hamlet-Business (HB) Zone District, a minimum of 20,000 sq. ft. Page 4 - Appl. No. 3958 Matter of JOSEPH AND BETTY HARDY Decision Rendered September 12, 1991 of land area is required per dwelling unit and per business or office unit. The allowable uses, together with the Septem- ber 12, 1991 conditional Special Exception permit for a second unit over the existing dwelling unit, amount to five (inclusive of one existing retail; one existing business; one existing office; one existing dwelling; for five total units or 100,000 sq. ft.) {20,000 sq. ft. x 5 units}. 10. In considering the variances requested for the two additional units, it is the position of the Board that: (a) it is the burden of the landowners to prove that the area restrictions as applied to their land imposes "significant economic injury"; and the burden of proof has not been substantiated; (b) the relief requested for a variation of 40,000 sq. ft. of land area for the two requested units is substantial in relation to the requirements, being a variance of 300% of the requirements, and more than 100% of a variance over the existing lot area/density nonconformities; (c) the difficulties claimed are not sufficient to warrant a grant of the relief requested; (d) there will be an adverse effect of increased dwelling density produced on available governmental facilities by the creation of two dwelling units, in addition to those uses legally established; (e) there will be an adverse effect on the character of the neighborhood and the grant of the variances requested will in effect establish a zone district at odds with all other zone districts provided for in the zoning code; (f) the variances, if granted as requested, will in turn cause a substantial effect on the~fety, health, welfare, comfort, convenience, and order of the town; (g) in view of the manner in which the difficulty arose and in consideration of all the above facts, the interests of justice will be served by denying the variances as requested. ACCORDINGLY, on motion by Mr. Villa, seconded by Mr. Dinizio, it was RESOLVED, to DENY the variance for increased dwelling unit density and insufficient lot area applicable for each of the two units, as requested; and BE IT FURTHER Page 5 - Appl. No. 395 V Matter of JOSEPH AND BETTf HARDY Decision Rendered September 12, 1991 RESOLVED, to GRANT alternative relief for the additional one dwelling unit in the existing two-story dwelling structure, for establishment of a two-family dwelling use, subject to the following CONDITIONS: ~ 1. Compliance with all zoning code requirements, including but not limited to the following: (a) Site Plan approval by the Southold Town Planning Board, which Board may require more stringent parking requirements than the conditions stipulated below concerning the Special Exception; (b) accessory structure must revert back to an accessory use with removal of all cooking and housekeeping plumbing facilities {electrical utilities for lighting purposes will be permitted to remain}; (c) accessory structure shall not be permitted for office use or any business or separate rental/profitable use, and shall be permitted for garage and/or dead storage purposes only. 2. Two parallel parking spaces to be painted in front of the retail business building for vehicles traveling in an easterly direction (to park with vehicles facing east); 3. A printed sign to be placed at the front of the business building directing all vehicles to "PARK IN THE REAR." 4. Before issuance of a Certificate of Occupancy or other documentation, acceptance and final inspection concerning the above conditions shall be made by the Board of Appeals, or member thereof. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa. (Absent were Members Doyen and Grigonis.) This resolution was duly adopted. lk /x/GERARD P. GO~9~rRINGER, ,~HAIRMAN MEMORANDUM FROM: RE: DATE: James Richter, Road Inspector Bennett Orlowski, Jr., Chairman Review of Short Environmental Assessment Form Proposed Site Plan for Joseph and Betty Hardy SCTM~ 1000-114-11-5 October 8, 1991 Please complete part two of the attached SEAF. The applicant has received variances from the Zoning Board of Appeals, (copies attached). If you have any questions, please contact Robert Kassner of this office. Enc. cc: Raymond Jacobs, Highway Superintendent Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNIIqG BOARD OFFICE TOWN OF SOUTHOLD September 29, 1989 Rudolph Bruer P. O. Box 1466 Southold, NY 11971 RE: Joseph & Betty Hardy SCTM# 1000-114-11-5 Dear Mr. Bruer: The Planning Board has reviewed your letter of September 21, 1989 and comments as follows: 1.The increase in non-conformity referred to in the Planning Board's letter of September 9,1989, refers to the percentage of landscaping. The code calls for 25% landscaping. The proposed site plan shows approximately 10% landscaping. The parking spaces required are a function of the uses of the buildings. The apartment in the former garage is not an allowed use. The two story, single family residence presently housing multiple families, is also not an allowed use. The Rlanning Board therefore cannot advise you of the parking spaces required. The Planning Board refers you to its letter of September 9, 1989, in which it states that all amendments must be in conformance with the Town Code If you need further assistance, or have any additional questions please don't hesitate to contact this office. CC: rkg Joseph Hardy James A. Schondebare, Victor Lessard Vicent Wieczorek Very truly yours, Bennett Orlowski Jr. ~- Town Attorney FOR~! NO. 5 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. OCi - 6 , ORDER TO REMEDY VIOLATION Date OCTOBER 6 89 JOSEPH & BETTY BARD¥ (owner or authorized agent of owner) (address of owner or authorized agent of owner) PLEASE TAKE NOTICE there exists a violation of: ' CHAPTER I00 Zoning Ordinance ,~. . ........................................... Other Applicable Laws, Ordinances.'or Regulations ............................................ at premises hereinafter described in that ~O..(...2.)...D...~...L..L..I..N.O UNITS EXIST ON A SINGLE (state character of violation) LOT AND A BUILDING PEP, HIT OR CERTIFICATE OF OCCUPANCY HAS NOT BEEN APPLIED FOR. in violation of ARTICLE IX. IO0-91A; ARTICLE .u. vIII 100-281 & 100-284 (State section or paragraph of applicable law, ordinance or regulation) ........ YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and to remedy the r conditions above mentioned IHHEDIATEL¥ The premises to which this ORDER TO REMEDY VIOLATION refers are situated at 13500 HAIN ROAD, MATTITUCK, ................................................................................. Caunty of Suffolk, New Yark. SUFFOLK COUNTY TAX HAP # I000- 114- I I- 05 Failure to remedy the conditions aforesaid and to comply wilh the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. (Cert.) VINCENT R. I,/IECZOREK PEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN O~ SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 September 25, 1991 P. Edward Reale, Esq. Twomey, Latham, Shea & Kelley 33 West Second Street P.O. Box 398 Riverhead, NY 11901 Re: Special Exception No. 3959-SE and Variance No. 395~ Applications for Joseph and Betty Hardy Dear Mr. Reale: Please find attached for your records copies of each of the above determinations rendered by the Board of Appeals at our September 12, 1991 Meeting. Very truly yours, Linda Kowalski Enclosures Copies of Decisions to: Southold Town Building Department Southold Town Planning Board~ / APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN (iF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS APpl. No. 3958: Application of JOSEPH AND BETTY HARDY for a Variance to the Zoning Ordinance as authorized by Article IX, Section 100-92 for permission to increase the degree of nonconformance of the lot area for the establishment or approval of a second dwelling unit in an existing dwelling structure and for the establishment or approval of a third dwelling unit in the rear accessory building, both in conjunction with multiple business uses and existing single-family residental unit of this parcel. Location of Premises: 13500 Main Road, Mattituck, NY; County Tax Map No. 1000-114-11-5. Zoning District: Hamlet-Business (HB). The subject parcel is nonconforming in this Hamlet Business (HB) Zone District containing approximately one-half acre of total lot area. WHEREAS, a public hearing was held on August 15, 1991, and at said hearing, all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, applicants request area variances: (a) for approval of conversion of the existing two-story dwelling structure as a two-family dwelling {by the addition of a second dwelling unit located over the existing dwelling unit}, and (b) for approval of use of the rear 20 ft. x 30 ft. one-story (accessory) building as a single family dwelling, in conjunction with the existing one retail business unit, one personal service unit, one office use, one dwellng unit, and proposed second dwelling unit, for a total of six occupied units. P~ge 2 Appl. No. ~95 8 - V ' Matter of JOSEPH AND B~TTf HARDY Decision Rendered September 12, 1991 2. The premises in question is located along the south side of the Main Road (State Route 25) in the Hamlet of Mattituck, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 114, Block 11, Lot 5. 3. The subject premises is improved with the following structures: (a) one-story concrete block building with retail occupancies by three tenants (pizza parlor, personal service (tatoo application), and office area for Hardy Plumbing & Heating). This building preexists zoning and has nonconforming setbacks in the front and side yards. ; (b) accessory 20.4 ft. by 30.3 ft. garage/storage structure, located in the rear yard area, which was renovated in or about 1988 without permits and proper approvals into a pet-grooming (personal service) use and shortly thereafter converted, again without town permits and proper approvals, into a dwelling; (c) two-story frame house, which is connected to the front business building by a deck. 4. It is noted that the front building and two-story frame house structure (now attached to the front building by a deck) was on April 10, 1980 issued a Preexisting Certificate of Occupancy (#Z9919) showing both structures and land to be used for single-family dwelling use and two retail occupant uses, respectively, all of which are shown to have been existing prior to the enactment of zoning in April 23, 1957. 5. The parcel is nonconforming in total lot area for the multiple (mixed) uses in this nonresidential zone district, as well as substandard parking and screening. The nonconformi- ties for the total lot area are appropriated as follows for clarification: (a) the total lot area of this parcel is 21,906 sq. ft., of which one of four units may be authorized as a conformity, to wit: 20,000 sq. ft. per dwelling unit or per nonresidential unit; (b) since more than one unit has existed, that is, one established single-family dwelling without community water or sewer at 20,000 sq. ft., and three (3) business and/or office units at 20,000 sq. ft. minimum per unit; the total required for these four occupancies are 80,000 sq. ft. of lot area.(See "Density and Minimum Lot Size Schedule for Nonresidential Districts"). Pa~e 3 - Appl. No. 3~58 Matter of JOSEPH AND BE'£T~ HARDY Decision Rendered September 12, 1991 5. (c) the total area required with the four legally established occupied units, plus the two proposed units, is 120,000 sq. ft. (d) the increase in the degree of nonconformance is 40,000 sq. ft. over the existing nonconformities of area and density, or 20,000 sq. ft. for each of the two additional proposed dwelling units. (Ref. Density and Lot Area Schedule as applies to the HB Zone). 6. For the record, it is also noted that accessory buildings are defined under Section 100-13 of the Zoning Code'to be: ...A building or structure detached from a principal building located on the same lot as and customarily incidental and subordinate to the principal building... Although there is no record of a valid building permit or certificate of occupancy for this 20' x 30' rear building, the building as exists may be permitted only as an accessory building and may be used only customarily incidental and subordinate to the main use on this lot, and not as a dwelling unit with cooking or housekeeping facilities. A use variance is also being requested for the conversion of an accessory use to a principal dwelling use. 7. The conversion of the accessory building to a principal dwelling is not permitted by Special Exception as noted in the above paragraph and is not a multiple dwelling or townhouse, and also is not an apartment over a retail store or business office. {For the record, Article XXIX, Section 100-91(B2 & 4)) of the Zoning Code authorizes by Special Exception approval from this Board and site plan approval from the Planning Board the following: office, ...B...2. Multiple dwellings and townhouse; 4. Apartments over retail stores and business subject to conditions (a through f).} 8. Under same date hereof, this Board has authorized by Special Exception with conditions, conversion of the main two-story dwelling structure from single-family to two-family use. (See decision under Appl. No. 3959-SE). 9. Article XXIX, Section 100-92, Bulk, Area and Parking regulations permit these uses only when the same conform to the Bulk Schedule, Parking and Loading Schedules (of the Zoning Code) with the same force and effect as if such regulations were set forth herein in full. It is clearly provided that in the Hamlet-Business (HB) Zone District, a minimum of 20,000 sq. ft. Pa~e 4 - Appl. No. 3~58-V · Matter of JOSEPH AND BETTY HARDY Decision Rendered September 12, 1991 of land area is required per dwelling unit and per business or office unit. The allowable uses, together with the Septem- ber 12, 1991 conditional Special Exception permit for a second unit over the existing dwellin~ unit, amount to five (inclusive of one existing retail; one existing business; one existing office; one existing dwelling; for five total units or 100,000 sq. ft.) ~20,000 sq. ft. x 5 units}. 10. In considering the variances requested for the two additional units, it is the position of the Board that: (a) it is the burden of the landowners to prove that the area restrictions as applied to their land imposes "significant economic injury"; and the burden of proof has not been substantiated; lb) the relief requested for a variation of 40,000 sq. ft. of land area for the two requested units is substantial in relation to the requirements, being a variance of 300% of the requirements, and more than 100% of a variance over the existing lot area/density nonconformities; (c) the difficulties claimed are not sufficient to warrant a grant of the relief requested; (d) there will be an adverse effect of increased dwelling density produced on available governmental facilities by the creation of two dwelling units, in addition to those uses legally established; (e) there will be an adverse effect on the character of the neighborhood and the grant of the variances requested will in effect establish a zone district at odds with all other zone districts provided for in the zoning code; (f) the variances, if granted as requested, will in turn cause a substantial effect on the~afety, health, welfare, comfort, convenience, and order of the town; (g) in view of the manner in which the difficulty arose and in consideration of all the above facts, the interests of justice will be served by denying the variances as requested. ACCORDINGLY, on motion by Mr. Villa, seconded by Mr. Dinizio, it was RESOLVED, to DENY the variance for increased dwelling unit density and insufficient lot area applicable for each of the two units, as requested; and BE IT FURTHER Page 5 - Appl. No. ~J58 V · .Matter of JOSEPH AND BBTTf HARDY ' Decision Rendered September 12, 1991 RESOLVED, to GRANT alternative relief for the additional one dwelling unit in the existing two-story dwelling structure, for establishment of a two-family dwelling use, subject to the following CONDITIONS: ~ 1. Compliance with all zoning code requirements, including but not limited to the following: (a) Site Plan approval by the Southold Town Planning Board, which Board may require more stringent parking requirements than the conditions stipulated below concerning the Special Exception; (b) accessory structure must revert back to an accessory use with removal of all cooking and housekeeping plumbing facilities {electrical utilities for lighting purposes will be permitted to remain}; (c) accessory structure shall not be permitted for office use or any business or separate rental/profitable use, and shall be permitted for garage and/or dead storage purposes only. 2. Two parallel parking spaces to be painted in front of the retail business building for vehicles traveling in an easterly direction (to park with vehicles facing east); 3. A printed sign to be placed at the front of the business building directing all vehicles to "PARK IN THE REAR." 4. Before issuance of a Certificate of Occupancy or other documentation, acceptance and final inspection concerning the above conditions shall be made by the Board of Appeals, or member thereof. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa. (Absent were Members Doyen and Grigonis.) This resolution was duly adopted. lk GERARD P. GO~2~RINGER, ,~HAIRMAN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN O~ SOUTHOLD ACTION OF THE BOARD OF APPEALS SCOTFLHARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 3959-SE (as AMENDED by January 10, 1991 letter from the applicants' attorney). Application of JOSEPH AND BETTY HARDY for a Special Exception to the Zoning Ordinance as authorized by Article XXIX, Section 100-91B(2) to grant approval for a multiple dwelling. Location of Property: 13500 Main Road, Mattituck, NY; County Tax Map No. 1000-114-11-5. Zoning District: Hamlet-Business (HB). WHEREAS, a public hearing was held on August 15, 1991, and at said hearing, all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, applicants request a Special Exception for conversion of the existing dwelling structure to a two-family dwelling use (from single-family status), located in the "two sty fr. house" depicted on the survey prepared by Peconic Surveyors & Engineers, P.C. dated July 29, 1988. 2. The premises in question is located along the south side of the Main Road (State Route 25) in the Hamlet of Mattituck, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 114, Block 11, Lot 5. 3. The subject premises is improved with the following structures: (a) one-story concrete block building with retail occupancies by three tenants (pizza parlor, personal service, and office area for Hardy Plumbing & Heating). This building preexists zoning and has nonconforming setbacks in the front and side yards; 'Page 2 - Appl. No. ~F59-SE Matter of JOSEPH AND BETTY HARDY Decision Rendered September 12, 1991 (b) accessory 20.4 ft. by 30.3 ft. garage/storage structure, located in the rear yard area, which was renovated in or about 1988, without permits and proper approvals, to a pet-grooming (personal service)l use and shortly thereafter converted, again without town permits and all proper approvals, into a dwelling; (c) two-story frame house, which is connected to the front business building by a deck. 4. It is noted that the front building and two-story frame house structure (now attached to the front building by a deck) was on April 10, 1980 issued a Preexisting Certificate of Occupancy (#Z9919) showing both structures and land to be used for single-family dwelling use and two retail occupant uses, respectively, which are shown to have been existing prior to the enactment of zoning in April 23, 1957. 5. The parcel is nonconforming in total lot area for the multiple (mixed) uses in this nonresidential zone district, as well as substandard parking and screening. The nonconformi- ties for the total lot area are appropriated as follows for clarification: (a) the total lot area of this parcel is 21,906 sq. ft., of which one of four units may be authorized or in conformity, to wit: 20,000 sq. ft. per dwelling unit or per nonresidential unit. (b) since more than one unit has existed, that is, one established single-family dwelling at 20,000 sq. ft. without community water or sewer and three (3) business and/or office units at 20,000 sq. ft. minimum per unit; the total required for these four occupancies are 80,000 sq. ft. of lot area. (See "Density and Minimum Lot Size Schedule for Nonresidential Districts"); (c) the total area required for four legally established occupied units, plus this single dwelling unit units total} is 100,000 sq. ft. (20,000 sq. ft. x 5 units); {five (d) the increase in the degree of nonconformance is 20,000 sq. ft. over the existing legally established nonconformities of area and density (the sixth unit for the accessory dwelling/cottage structure in the rear would further increase the nonconformity). The accessory building in the rear may be permitted only as an accessory building and may be used only customarily incidental and subordinate to the main use on this lot, and not as a dwelling unit with cooking or housekeeping facilities. (For the record, it is noted that by separate application, also this date, this Board denied the area and use variance requested for conversion from an accessory Page 3 - Appl. No. ~59-SE Matter of JOSEPH AND BETTY HARDY Decision Rendered September 12, 1991 storage/garage structure to a sixth principal unit (for dwelling occupancy). 6. Article XXIX, Section I100-91(B2) of the Zoning Code authorizes by Special Exception approval from this Board and site plan approval from the Planning Board the following: ...B...2. Multiple dwellings and townhouses. 7. Article XXIX, Section 100-92, Bulk, area and parking regulations permits such use only when the same conforms to the Bulk Schedule and Parking and Loading Schedules (of the Zoning Code) with the same force and effect as if such regulations were set forth herein in full, and in this Hamlet-Business (HB) Zone District, a minimum of 20,000 sq. ft. is required per dwelling unit and per business or office unit. The total uses, together with this Special Exception for a second unit over the existing dwelling unit, amounts to five, inclusive of one existing retail; one existing business; one existing office; one existing dwelling; for five total units or 100,000 sq. ft. (20,000 sq. ft. x 5 units). Simultaneously herewith, this Board has granted alternative relief for this second dwelling unit in the two-story dwelling structure, in an area variance application made by the applicants. The alternative relief limits the amount of the variance approval up to 20,000 sq. ft. in order to authorize this single dwelling unit. (The relief requested by the applicants was for two additional units, and the relief as requested was denied by the Board.) 8. In considering this application, the Board also finds and determines: (1) the proposed use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (2) the use will not adversely affect the safety, welfare, comfort, convenience, or order of the Town; (3) the use is in harmony with and will promote the general purposes and intent of zoning. The Board has also considered subsections (A) through (P) of Article XXVI, Section 100-264 of the Zoning Code. Accordingly, on motion by Mr. Villa, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Special Exception, authorizing the addition of a second dwelling unit in the existing two-story frame house, (commonly referred to as a "two-family dwelling") in this Hamlet-Business (HB) Zone District, and subject to the following CONDITIONS: 1. Compliance with the following zoning code requirements: · Page 4 - Appl. No. 59-SE Matter of JOSEPH AND BETTY HARDY Decision Rendered September 12, 1991 (a) Site Plan approval by the Southold Town Planning Board, which Board may require more stringent parking requirements than the conditions stipulated below concerning the Special Exception; ~ (b) accessory structure must revert back to an accessory use with removal of all cooking and housekeeping plumbing facilities {electrical utilities for lighting purposes will be permitted to remain}; (c) accessory structure shall not be permitted for office use or any business or separate rental/profitable use, and shall be permitted for garage and/or dead storage purposes only; 3. A printed sign to be placed at the front of the business building directing all vehicles to "PARK IN THE REAR." 4. Before issuance of a Certificate of Occupancy or other documentation, acceptance and final inspection concerning the above conditions shall be made by the Board of Appeals, or member thereof. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa. (Absent were Members Doyen and Grigonis.) This resolution was duly adopted. lk 2. Two parallel parking spaces to be painted in front of the retail business building for vehicles traveling in an easterly direction (Go park facing the east); ,~,~ ?~,' ,/ September 21, 1989 Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Joseph & Betty Hardy - SCTM~ 1000-114-11-5 Dear Sirs: We are in receipt of your letter of 9/9/89, response thereto: and offer the following in The proposed accessory building does not represent an increase in non-conformity, as it is a permitted use in this HB Zone under Article IX, Section 100-91 C(1) of the Town code. Our letter and enclosures to you of August 11, 1989 (copy enclosed) address each of the site plan modifications requested in the Planning Board's May 22, 1989 letter. My legal assistant and our client met with Assistant Planner, Bob Kastner, on two separate occassions (June 16, 1989 & August 17, 1989) and specifically addressed the requested site plan modifications, including Items 1, 2, 3 & 5: a) Item 1: The revised site plan (8/11/89) increases on-site parking by 8 spaces, for total of 19 parking spaces. We have yet to be advised as to the actual number of spaces the Town will require. b) Item 2: "Area for planting" is indicated on the revised site plan and our client has agreed that it will be in keeping with the front yards of the adjoining business properties. c) Item 3: Our client's agreement to comply with this request is set forth in our letter to you of 8/11/89. d) Item 5: Elevation drawings and location of overhead door on site plan were also submitted on 8/11/89. width of access to parking areas (except where restricted by existing structures) meets that required by the Town code under Section 100-191D. We would appreciate the Board's issuance of a determination on this site plan. Sing~e~-~l~, /~ · R~dblph H~ Bruer RHB/df Encs. cc: Mr. and Mrs. Joseph Hardy August 11, 1989 Southold TOWn Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Site plan for Joseph & Betty Hardy Main Road, Mattituck SCTM #1000-114-11-5 Dear Sirs: In response to your letter of 5/22/89 and pursuant to the recommendations made at our 6/16/89 meeting with Planning Assistant, Robert Kastner, we enclose herewith six (6) survey prints of revised site plan, as well as the elevation drawings you requested. The revised site plan includes: 1. Relocation of the proposed building site 2. Increased parking (19 spaces) 3. Landscape area in keeping with neighboring business properties 4. 15' buffer at rear of property 5. Location of overhead door on proposed building 6. Height of proposed building 7. Square footage calculations for both the retail stores and the proposed building. 8. indications of access widths (min. 15 ft.) and parking aisle widths (min. 22 ft.) as per Article XIX, Section 100-191 of the Southold Town Please be advised'that both the portable storage building and the dumpster have been or will be removed from the property. We will call the Planning Board office to schedule an informal meeting to review this application and determine its compliance with the Board's recommendations. Sincerely, Rudolph RHB/df Encs. CC: Mr. H. Bruer and Mrs. Joseph Hardy Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SEPTEMBER 9, 1989 Rudolph Bruer P. O. Box 1466 Southold, NY 11971 RE: Joseph & Betty Hardy SCTM~ 1000-114-11-5 Dear Mr. Bruer: The Planning Board has reviewed the site plan submitted on August 11, 1989, and offers the following comments: The Board is not receptive to increasing the degree of non-conformity in the pre-existing non-conforming use of the property. The proposed amendments should be in conformance with the Town Code. The existing apartment (formerly a garage) is building. in the one story building an illegal, use of this Reference is made to the Planning Board's previously requested site plan modifications contained in its letter of May 22, 1989. (A copy is inclosed for your use). Items 1, 2, 3, & 5 have not been addressed. Upon receipt of revised site plans, the Planning Board will proceed with its review. If you have any .~uestions, please do not hesitate to contact this office. Very truly ygur~, ~ ",?. '' .. ~: BENNETT ORLOWSKI, JR. '~' CHAIRMAN rgk cc: Victor Lessard, Building Department James A. Schondebare, Town Attorney August 11, 1989 Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 AUG II 1989 Re: Site plan for Joseph Main Road, Mattituck SCTM #1000-114-11-5 & Betty Hardy Dear Sirs: In response to your letter of 5/22/89 and pursuant to the recommendations made at our 6/16/89 meeting with Planning Assistant, Robert Kastner, we enclose herewith six (6) survey prints of revised site plan, as well as the elevation drawings you requested. The revised site plan includes: properties 1. Relocation of the proposed building site 2. Increased parking (19 spaces) 3. Landscape area in keeping with neighboring business 4. 15' buffer at rear of property 5. Location of overhead door on proposed building 6. Height of proposed building 7. Square footage calculations for both the retail stores and the proposed building. 8. Indications of access widths (min. 15 ft.) and parking aisle widths (min. 22 ft.) as per Article XIX, Section 100-191 of the Southold Town Code. Please be advised that both the portable storage building and the dumpster have been or will be removed from the property. We will call the Planning Board office to schedule an informal meeting to review this application and determine its compliance with the Board's recommendations. Sincerely, R/U/~~r ue~r ~ RHB/df Encs. cc: Mr. and Mrs. Joseph Hardy Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) '765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 22, 1989 Rudolph Bruer P.O. Box 1466 Southold. NY 1.1971 RE: Joseph & Betty Hardy $CTM #1000-114-11-5 Dear Mr. Bruer: The site plan for Joseph and Betty Hardy was reviewed and an inspection of the premises was made. The Planning Board reco~ends the following modifications of the site plan: 1. There is insufficient parking on site for the intended uses as per Southold Town Code. The Board recom~nends that either the one story frame building (garage) be removed to create additional on site parking or the proposed building be reduced in size. 2. The area north of the concrete walk (asphalt area) should be land scaped with grass and street trees on both sides oi the sidewalk, in keeping with the front yards of the adjoining business properties. 3. The portable storage building must be removed and the dumpster relocated to the rear oi the proposed building. 4. A fifteen foot (15') buffer is required in the rear o£ the property between the Hamlet Business District and the Residential R-40 District to the South of the property. This buffer should be planted with a staggered row of evergreens such as Douglas fir or native Cedars. 5. Location of over head door or other entrance to the proposed building should be shown on the site plan together with its height. Please include elevation drainings of all four sides. The proposed side yard of 17' is of insufficient width for two cars to pass safely in moving to and from the parking area. Upon receipt of revised site plans, the Planning Board will proceed with its review. If you have any questions, please do not hesitate to contact this office. BENNE~ ORLOWSKI, JR. ~ CHAIRMAN RK/jt FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N.Y. Certificate Of Occupancy !o ...... Z9R19 ...... Date ....A~.r..i.]...1.0. .................... 19 .~) THIS CERTIFIES that the building ................................................ ,ocation of Property .. ? .3.5.0.0...&..1.~.~.59..M..a.i.n..R.O..a.d. ............... .M.a.t.t..i.t~..qk.,..N...Y... House No. Street Ham/et iounty Tax Map No. 1000 Section .... .1.1.~. .... Block .... ~..1 ......... Lot ..... .0.0.~. ........ ubdivision ............................... Flied Map No. ........ Lot No. requirements for reeidential and commercial'~i~'~' onforms substantially to the -- ' ~ uilt prior to Certificate of Occupancy .Apt. il. Z~ ......... ,1~.7.. pursuant to which ~41IKh~M${~I~$ .......... Z9.9.~.9 ...... ated ..... April..10 ............. 19 ~.0. , was issued, and conforms to all of the requirements f the applicable provisions of the law. The occupancy for which this certificate is issued is .a.. $.i.l~.g .lc family. 0,~elling .plx:s..two. .re.t.a~,l.. $.t.o .r.e.~. ........................... ...... he certificate is issued to ........ .N. 3, .c.ko.1..a.s..K.o..ur..o.s. ........................... ..... (owner, ~ f the aforesaid building. :uffolk County Department of Health Approval ........... [~/1~, ........................... TNDERWRITERS CERTIFICATE NO ................... N/I~, ........................... Building Inspector ;ev 4/79 40'-0' OUI/O~} ~EO SYEEL 12'-0' ENDWALL FRAM] NO AT L ~ NE "1 " SIDEWALL FRAMING · LINE "A" 20' -0' TO: FROM: ADDRESS: DATE: SUBJECT: ! Signature Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 22, 1989 Rudolph Bruer P.O. Box 1466 $outhold, NY 11971 RE: Joseph & Betty Hardy SCTM %1000-114-11-5 Dear Mr. Bruer: The site plan for Joseph and Betty Har6y was reviewed and an inspection of the premises was made. The Planning Board recoK~ends the following ~o~ifications of the site plan: 1. There is insufficient parking on site for the intended uses as per Southold Town Code. The Board recommends that either the one story frame building (garage) be removed to create additional on site parking or the proposed building be reduced in size. 2. The area north of the concrete walk (asphalt area) should be land scaped with grass and street trees on both sides of the sidewalk, in keeping with the front yards of the adjoining business properties. 3. The portable storage building must be removed and the d~upster relocated to the rear of the proposed building. 4. A fifteen foot (15') buffer is required in the rear of the property between the Hamlet Business District and the Residential R-40 District to the South of the property. This buffer should be planted with a staggered row of evergreens such as Douglas fir or native Cedars. 5. Location of over head door or other entrance to the proposed building should be shown on the site plan together with its height. Please include elevation drainings of all four sides. The proposed side yard of 17' is of insufficient width for two cars to pass safely in moving to and from the parking area. Upon receipt of revised site plans, the Planning Board will proceed with its review. If you have any questions, please do not hesitate to contact this office. BENNETT ORLOWSKI, JR. CHAIRMAN RK/jt April 12, 1989 Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Joseph & Betty Hardy SCTM# 1000-114-11-5 Dear Sirs: Enclosed please find copy of Notice of Disapproval from the Town Building Department. A request for site plan approval was submitted to your office on June 23, 1988, and amended site plan maps (in accordance with your instructions) were submitted on August 8, 1988. At that time, this property was designated as "C"-Light Industrial and the proposed construction required action by the Zoning Board of Appeals. This is no longer the case as, by virtue of the 1/10/89 amendments to the Zoning Code, the property's current zoning designation is Hamlet Business (HB) District and the proposed construction is a permitted accessory use therein. We ask that you now reactivate our application for site plan approval and advise us, as field soon as possible, of the results of your review and inspection. Sincerely, Encs. cc: Mr. and Mrs. Joseph Hardy Southold Town Board of Kppeals FORM NO. 3 TOVv~ OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL '~/~-~v-~</~..~ ~: !,~..~ ...... · ' PLEASE TAKE NOTICE that your application dated . , ~ ~ , , 19 '~ c~ for permit to .~0" ~ ~t~ ~o ~ 0~- . Streer Ham/e t Co~ty z~ ~ap ~o. ]ooo s¢ctio. .... L/. ~. ...... mo~ ...... ~ ~ ...... ~ot ... ~.~ ..... Subdivision ................. Filed Map No ................. Lot No. e is xeturned herewith and disapproved on the follow~g grounds..~.~..~. ~ ~.~.. _ ~~ ~.~ ~~ ~~ ~ .~..'~.~ ~.~. ~ .~ ............................................................ Building Inspector RV 1/80 Town Hall, 53095 Main Road P.O. Box I 179 Southold, New York 11971 TELEPHONE (516) 765-1938 PI~,NNING BOARD OFFICE TOWN OF SOUTHOLD November 22, 1988 Rudolph Bruer P.O. Box 1466 Mattituck, NY 11971 RE: Joseph & Betty Hardy SCTM #1000-114-11-5 Dear Mr. Bruer: The Planning Board can not refer the plan for certification until the Zoning Board of Apppeals has acted on your client's application. At this point, the Planning Board has advised the ZBA of its position and its comments on the site plan. The comments are on file in this office and with the ZBA office. Sincerely, Valerie Scopaz Town Planner VS/jt November 17, 1988 Southold Town Town Hall Main Road Southold, N.Y. Planning Board 11971 Att: Valerie Scopaz, Town Planner Re: Site Plan for Joseph & Betty Hardy Mattituck, New York SCTM #1000-114-11-05 Dear Ms. Scopaz: We are informed that the Building Department is not in receipt of the above-referenced site plan for certification. Our understanding of procedure is that this referal is to be made by the Planning Board. Please advise. Sincerely, ~'/~'~p~ ~.~B r~u e r'/'' R~B/df -- VICTOR LESSARD EXECUTIVE ADMINISTRATOR (516) 765-1802  Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 OFFICE OF BUILDING INSPECTOR r TOWN OF SOUTHOLD TO: FROM: SUBJECT: DATE: GERARD GOEHRINGER, CHAIRMAN ZONING BOARD OF APPEALS TMENT~.)/,~ VICTOR LESSARD, BUILDING DEPAR SITE PLAN OF HARDY PLUMBING & HEATING CO. OCTOBER 19, 1988 At this point in time, the building department has not received the site plan for certification, so I will have to comment on Planning Boards memo to your department. Property contains the following:- Three stores pre-existing but not non-conforming in my opinion. There is a two story one family residence that is pre-existing and non-conforming. Also there is a converted garage being used as a pet grooming facility. The present owner has been informed this is in violation of zoning and he will have to cease its operation. I find nothing in the code, that restricts the use of commercial property to only one use. I would further state, it would probably be considered, by ZBA; when an application for Special Exception is addressed as to the extent of reasonable density would be permitted. Obviously, on most pre-existing developed commercial properties today's set-back requirements cannot be met. I would suggest that this condition, as it has always been, will be addressed by ZBA and a functional result will be reached. I am a bit confused on paragraph (4) of the memo, where M-1 sideyard is referred to. Also the proposed Master Plan. At any rate, I see no wrong in using the proposed Master Plan, for comparison to see if this proposal fits, but not influence the final decision. This should be decided on its own merits. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: From: Re: MEMORANDUM Gerard Goehringer, Chairman Zoning Board of Appeals Bennett Orlowski,Jr. Chairman Planning Board and Valerie Scopaz, Town Planner Proposed Site Plan for Hardy Plumbing & Heating Co. SCTM ~1000-114-11-5 Appeal No. 3746(V) and 3746 (SE) Date: October 17, 1988 The Planning Board has reviewed the enclosed site plan. It offers the following observations: There are three separate uses of the site. Of these uses it appears that the residence and the retail stores may be legal nonconforming uses. But the pet-grooming use does not appear to be either an allowed use or a legal non-conforming use. Further research may be needed on these points. It is felt that adding a fourth user would be an overintensifaction of the overall use of the property. Ordinarily each industrial property would be intitled to one use. The proposed yard setbacks are not in conformance with the Zoning Code, further, because of the shape of the lot, probably, cannot be met under any circumstance. However, the proposed M-1 side yard is not sufficient to allow safe passage of two vehicles side by side; nor does it provide adequate back-up space if an overhead door is placed there elevation drawings were not submitted therefore this Board cannot comment further on the building or the layout of the parking. 5. The site plan is not complete. The graphic scale should be 1" = 20', not 1' = 30'. The square foot age of existing uses are not shown and the parking calculations not shown. The proposed building should be scaled down to 30' width to allow for adequate screening on the west and at least 20' of aisle for vehicular access. Retail and other uses except the residence should be removed so as to reduce degree of non- conformity and bring site closer to intended uses for property for this zone. Further, all parking should be directed to the rear of the site. This is a dangerous stretch of road near the Wickham Avenue intersection. It would be in the best interest of traffic safety if the front paved area, were required to be landscaped and all parking remanded to the rear. Under the proposed master plan, this property will be zoned Hamlet Business. This zone allows, under permitted uses, the retail stores, the plumbers shop, and the residential use. However, since the norm is one use per parcel, the site should be reduced to two uses- the plumbing shop and the residence to bring the site closer into conformity with the proposed code. In no case should the proposed use be allowed in addition to the three existing uses. jt Southold Town MAIN RE]AD-STATE RI-lAD APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. ~Ugl~st SERGE DOYEN, JR. JOSEPH H. SAWICKI TO: Southold Town Planning Board Mrs. Valerie Scopaz, Planner RE: Matters Involving P.B. September Hearings Calendar )9 Attached for your convenience is a list of our upcoming applications, some of which will involve Planning Board site-plan review. If you choose to submit written comments on any of these files, please transmit same to our office no later than September 8th. Your cooperation is appreciated. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 New Applications Under Review and Calendared for Hearings: Appl. No. 3746(V) - JOSEPH HARDY AND OTHERS. 1000-114-11-5 Also requires site-plan review by Planning Board. Input not received. 100-31. Appl. No. 3746(SE)- JOSEPH HARDY AND OTHERS. 1000-114-11-5 Also requires site-plan review by Planning Board. Input not received. C-Light Zone District. Uses by Special Exception. Appl. No. 3758 - THEODORE KUDLINSKI. Addition to dwelling. A Zone. 1000-78-9-50 Appl. No. 3759 - TONY SCARMATO, INC. 100-119.2. Residential Zone. 1000-31-16-9 Appl. No. 3760(SE) - ELSIE D. YOUNG. 100-30B(15). Special Exception for Accessory Apartment. Residential Zone. 1000-78-1-10.3. Appl. No. 3761(V) - ELSIE D. YOUNG. Does not require P.B. review for Variance. Residential Zone. 1000- 78-1-10.3. Appl. No. 3762(SE) - ROBERT AND DIANNA BAKER. Does require P.B. review for Bed and Breakfast Use. 100-30B(16). Residential Zone. 1000-55-6-9. Boisseau Avenue, Southold. Appl. No. 3763 - JOHN J. JESSUP. Addition at East Road, Cutchoque. 100-31. Residential Zone. 1000-110-7-15 Appl. No. 3764 - DENNIS O'BRIEN by Allan Shope. 100-32 and 100-119.2. Residential Zone. 1000-3-3-3.5 Appl. No. 3765 - JOSEPH SPITALIERE. Residential Zone. Frontyard setback variance. 1000-90-4-14. Appl. No. 3767 - DAVID STRONG d/b/a STRONG'S MARINA. Interpretation of extent of uses. (P.B. review not required.) 1000-122-9-6.2 (6.1 and 3) and 44.2 Page 2 ~ New Applications Under Review and Calendared for Hearings Appl. No. 3768 - FRANK AND SANDRA CURRAN. Residential Zone. Variance under 100-31. 1000-111-01-016 Appl. No. 3769 - CUTCHOGUE FARMS LTD. (GRISTINA VINEYARDS). Residential Zone. Special Exception for Winery. Also required~'~ P.B. review for site-plan approval. 1000-109-01-013. 48.343 acres on Main Road, Cutchogue. Port of Egypt - S/s Main Road, Southold. Special Exception and ~ Variance for substantial new boat-storage building is held in abeyance pending appropriate filing fees, filing with P.B. and Trustees for appropriate department reviews. Appl. No. 3708 - DAVID WALKER and TURTLE ASSOCIATES. Residential j/ Zone. 1000-115-3-18.3, 18.4, 18, 18.1. 100-31 as to insufficient area of lot as exists and divided without Planning Board approval. Single-and-separate search is part of Z.B.A. file. (J. Kevin McLaughlin, Esq. met with Planning Board office prior to filing with Z.B.A.) August 8, 1988 Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Site Plan for Joseph & Betty Hardy Mattituck, New York SCTM# 1000-114-11-05 Dear Sirs: In accordance with your letter of June 24, 1988 (copy enclosed for your reference), we submit herewith six (6) survey prints with the required site plan elements, as per your checklist. Kindly advise us of the results of the Board's review and field inspection. Si~'~rely, ~ ,,~ ~/Qd~lp~ H. Bruer RHH/df cc: Mr. and Mrs. Joseph Hardy Southold Town Zoning Board of Appeals Southold, N.Y. 11971 (516) 765-1938 June 24, 1988 Rudolph H. Bruer P.O. Box 1466 Southold, NY 11971 RE: Proposed site plan of Joseph & Betty Hardy Main Road, M~ttituck SCTM #1000-114-11-5 Dear Mr. Bruer: The above referenced site plan has been reviewed and found to be incomplete. Enclosed please find a marked checklist with the required site plan elements. Upon receipt of completed plans, the Planning Board will proceed with its review. Also, for your information I've enclosed our new application form for site plans. If there are any questions, please contact this office. Sincerely, Valerie Scopaz Town Planner enc: August 8, 1988 Southold Town Zoning Board Town Hall Main Road Southold, New York 11971 Att: Linda Kowalski, Secretary Re: Appeal No. Dear Linda: of Appeals 3747SE & 3746V - Joseph Hardy In accordance with your letter of July 19, 1988 (copy enclosed for your reference), we enclose herewith the following: 1. Copy of Pre-CO No. Z9919. 2. Four (4) prints of map depicting all current uses and all required site plan elements. We understand that your office will submit this map to the Building Inspector for preliminary certification. Should you require anything further prior to scheduling a public hearing, we would appreciate your immediate advice. Sincerely, Rudolph H. Bruer RHB/df Encs. cc: Mr. and Mrs. Joseph Hardy Southold Town Planning Board/ SLaY Southold, N,Y. 11971 (516) 765-1938 June 24, 1988 Rudolph H. Bruer P.O. Box 1466 Southold, NY 11971 RE: Proposed site plan of Joseph & Betty Hardy Main Road, M~ttituck $CTM 91000-114-11-5 Dear Mr. Bruer: The above referenced site plan has been reviewed and found to be incomplete. Enclosed please find a marked checklist with the required site plan elements. Upon receipt of completed plans, the Planning Board will proceed with its review. Also, for your information I've enclosed our new application form for site plans. If there are any questions, please contact this office. Sincerely, Valerie Scopaz Town Planner enc: Southold, N.Y. 11971 (516) 765-1938 TO: FROM: RE: DATE: MEMORANDUM FILE Valerie Scopaz, Town Planner Hardy Plumbing and Heating SCTM# 1000-114-11-05 May 19, 1988 Yesterday Victor Lessard and I met with Mr. and Mrs. Joseph A. Hardy, their attorney Rudolph Bruer and his assistant Mary Diana Foster. Bruer, Foster and the Hardy's were told that the property currently enjoys two non-conforming uses in the "C" Industrial Zone. There is a third use proposed for the site - an office and storage warehouse for the Hardy's Plumbing and Heating Business. The Planning Board will review the application indepth because it is not clear whether in the first place, the Hardy's are entitled to add a third use when only one use is customarily allowed per property. If they wish to pursue the matter, Victor said he would have to deny their building permit application and send them to the ZBA for a Special Exception for the third use and for a variance for the yard setback reductions. cc: Planning Board Building Department Zoning Board of Appeals Town Attorney jd AREA = 21, 906 SCI. FT. z FE N, ?T" 3T 6,7' Z KEY MAP SOLJTHOLD TOY,IN SITE PLAN OF PROPERTY IOO0 AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y. 114 11 - SCALE 1" = 20' APR. 2, 1987 JUNE 29, 1987 APR. 21, 1988 05 z o~ , AREA = 2,400 Iq ft, N I 0 I F RAYMOND F, NINE BUILDING ZONE DISTRICT' SCHOOL DISTRICT, FIRE DISTRICT, HB 30 MATTITUCK 9 MATT[TUCK OWNER & DEVELOPERS HARDY PLUMBING & HEATING CO, JOSEPH A, HARDY 1654 NORTH HIGHWAY SOUTHAMPTON~ N,Y..96B CERTIFIED TO, CHICAGO TITLE INSURANCE CO. NORTH FORK BANK & TRUST CO. HARDY PLUMBING & HEATING CO. JOSEPH A. HARDY DRAINAGE CRITERIA NEW PAVEMENT AREA= 5300 SQ'FT._+ ROOF AREA - 2400 SQ FT._* 7700 SQ. FT 7700x0.17 x 0.9: 1178 1178/4224= 28 V.FT. PROVIDE 7- 4'-G' DIA. LEACHING RINGS PrJpo~ld in ~co~nem whh ~ ile~lqlm 87 ' 263 B AREA = 21, 906 SQ. FT. ^,s~ eD 6~J?' Z Z 0 Z FRAME BLDG. KEY MAP SITE PLAN AOTF PROPERTY MATTITUCK lOOO TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y. 114 11 SCALE 1" = 20' APR. 2, 1987 JUNE 29, 1987 APR. 21, 1988 May 14, 1991 SEPT. 4,1991 JAN. ~1~ 1992 (revision O5 (516] P. O. BC MAIN ROAD SOUTHOLD, N,Y. 11971 LIC. NO. 496 I;8 P.C. Z AREA = 2,400 lq. ft. 401 S 77 o. NINE N I 0 I F RAYMOND F. BUILDING ZONE DISTRICT, SCHOOL DISTRICT~ FIRE DISTRICT' HO 30 MATTITUCK 9 MATTITUCK OWNER & DEVELOPERS HARDY PLUMBING & HEATING CO. JOSEPH A. HARDY 1654 NORTH HIGHWAY SOUTHAMPTONt N.¥,196B CERTIFIED TO, CHICAGO TITLE INSURANCE 60. NORTH FORK BANK & TRUST CO. HARDY PLUMBING & HEATING CO. JOSEPH A. HARDY DRAINAGE CRITERIA NEW PAVEMENT AREA= 5300 SG'FT.-+ ROOF AREA = 2400 SQ. FT,-+ 7700 SQ. FT 7700xOJ7 x 0.9= H7B IP78/42.24= 2B V.FT. PR0VIDE 7- 4'J8' DIA, LEACHING RINGS LOT COVERAGE AREA COVERAGE STORES~ HOUSE~OECKiFR. BLDC~STAIRS~ ETC. 5080/21,906 = 23% LOT COVERAGE 87 - 263 B 5060 sq. TOWN CLERK TOWN OF SOUTHOLD ,~ -~ . __ C, ounly. New York. 516- 765-1801 N.0 2 , 0.~ Southold, N. Y. 11971~s49 ? 19 , Judith T. Ter~, Town Clerk Cash [] Ch~ ~ B ~ ~ ,~ TO: :.FILE FROM: Valerie Scopaz, Town Planner DATE: ~ NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATIOn/ l PROJECT I.D. NUMBER . DIVISION OF REGULATORY AFFAIRS State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I Project Infomlatlon (To be completed by Applicant or Project sponsor) NOV,~ 79'86 [] New [] Fxponsion ~ion/alteration S. Describe project briefly: 6. Precise location (road intersectibns, prominent landmarks, etc. or provide mapJ 7. Amount of land affected: Initially ' acres Ultimately ~e briefly 8 Wdl proposed ac on comply w~th ex~stmg zoning or other existing land use restrictions~ 9. What is present land t~ use in vicinity of project? [] Residential [] Industrial Commercial Describe: ~on involve a ermWapproval, or funding, now or ultimately, from [] Yes a'~No If yes. ~ist agency(s} and permit/approvals any other governmental agency (Federal state or Iocal}T [] Agriculture [] Parkland/open space [] Other 11, Does any aspect of e action have a currently valid permit or approvaU ~o If yes. list agency name and permit/approval type se:oaction will existing permit/approval require modificationf I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS [RUE TO THE BEST OF MY KNOWLEDGE If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form betore proceeding with this assessment ' OVER  D T, LD $ Y Southold, N.Y. 11971 (516) 765-1938 December 1, 1986 Mr. Victor Lessard Executive Administrator Building Department Town Hall Southold, NY 11971 RE; Joseph Taormina and Paula Clark site plan at Mattituck Dear Mr. Lessard: Please let this confirm the following action taken by the SOuthold Town Planning Board, Monday, November 24, 1986. RESOLVED that the Southold Town Planning Board refer the site plan of Joseph Taormina and Paula Clark for renovation of the former North Fork Video to a take out pizzeria located at Main Road, Mattituck to the Building Department for certification. This survey is dated as amended October 31, 1986. Enclosed are three surveys for your review under certification. If you have any questions, please don't hesitate to contact our office. Very truly yours, T ORLOWSKI, JR. , CHAIi~AN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary ~IREQUIREMENTS FOR SITE PLAN ELEMENTS & CERTIFICATION SECTION-BLOCK-LOT TAX MAP NUMBERS !iNAME & ADDRESS OF OWNER OF RECORD iiNAME & ADDRESS OF PERSON PREPARING MAP iDATE'~ NORTH POINT AND WRITTEN & GI~-~PHIC SCALE DESCRIPTION OF PROPERTY & INFORMATION TO DEFINE BOUNDARIES LOCATIONS, NAMES & EXISTING WIDTHS OF ADJACENT STREETS & CURBS I iLOCATION & OWNERS OF ALL ADJOINING LANDS, AS SHOWN ON TAX RECORDS '!LOCATION & PURPOSE OF ALL EXISTING AND PROPOSED EASEMENTS iiCOMPLETE OUTLINE OF EXISTING DEED RESTRICTIONS APPLYING TO PROPERTY I EXISTING ZONING :!AREAS SUBJECT TO FLOODING OR STORM WATER OVERFLOWS ,WATER COURSES, MARSHES, WOODED AREAS, TREES 8" IN DIAMETER OR MORE IANY BUILDING WITHIN 100' OF PROPERTY ~iPAVED AREAS, SIDEWALKS, VEHICULAR ACCESS TO PUBLIC STREETS iIEXISTING SEWERS, CULVERTS, WATERLINES WITHIN OR ADJACENT TO PROPERTY PROPOSED BUILDINGS OR STRUCTU L IMPROVEMENTS OUTDOOR LIGHTING OR PUBLIC ADDRESS SYSTEMS OUTDOOR SIGNS' 239K SIDEWALKS LOCATIONS WIDTHS: SIZE OF WATER AND SEWER LINES 6 U~V~' YED ~0~ O, TOWN ~ OWNER .......... ]STRFET I VILLAGE .... FORMER OWNER OF SOUTHOLD PROPERTY RECORD CARD DIST.i SUB. ACR. TYPE OF BUILDING LOT · ~/'~'-_5' SEAS. VL. FARM LAN D ,. IMP. TOTAL DATE NORMAL Acre BUILDING CONDITION BELOW ABOVE Value Per Acre Volue ~'~OMM.~ CB. MICS. · Mkt. Value REMARKS FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK AGE NEW FARM Tillable Woodland Meadow!and House Plot Total COLOR TRIM M. Bldg. Extension Extension Extension Porch Porch Breezeway Garage Patio Total iBosement JExt. Walls Fire Place porrmer Bath :loors nterior Finish Heat Rooms 1st Floor ,.~ jDinette · ]IR Rooms 2nd Floor ~/vpe Roof Recreation Room iFIN. B ,Drivewoy Site plan elements cont. (§100-134) Any proposed grading, screening and other landscaping including types and locations of proposed street trees. The location of all proposed waterlines, valves and hydrants and of all sewer lines or alternate means of water supply and sewage disposal and treatment. An outline of any proposed deed retrictions and/or covenants, Any contemplted public improvements on or adjoining the property. If the site development plan indictes only a first stage, a supplementary plan shall indicate ultimate develoment. Any other information deemed by the Planning Board necessary to determine conformity of the site plan with the intent and regulations of this chapter. L~~Y ~ Southold, N.Y. 11971 (516) 765-1938 3. ~cEnvironmental Assessment, Procedure: 1. 2. SITE PLAN REQUIRED DOCUMENTS AND PROCEDURES Required documents: Six surveys with all site plan elements, see attached list Filing fee of $100 Part I see attached The above items are submitted to the Planning Board The application is placed on the agenda for the Board's review. 3. Field inspection made 4. Inspection report at next meeting 5. Recommendations on revisions or Board can forward site plan to the Building Department for Certification 6. If certified, the Planning Board can take final action on the site plan 7. If approved, the Chairman endorses the surveys when any conditions have been met. SITE PLAN ELEMENTS~ §100-134 Town Code Lot, block, and section number, tax records Name and address of the owner of record Name and address of the person preparing the map Date, North arrow and written and graphic scale if any, or the property taken from Sufficient description or information to precisely define the boundaries of the property. All distances shall be in feet and tenths of a foot. Ail angles shall be given to the nearest ten seconds or closer. The error of closure shall not exceed one in ten thousand. The locations, name, and existing width of adjacent streets and curblines The location and owners of all adjoining lands, as shown on the latest tax records Location, width and purpose of all existing and proposed easements, setbacks~ reservations, and areas dedicated to public use withinor adjoining property. A complete outline of existing deed restrictions or covenants applying to theproperty Existing zoning Existing contours at intervals of five or less, referred to a datum satisfactory to the Board Approximate boundaries of any areas subject to flooding or stormwater overfl~ Location of existing watercourses, marshes, wooded areas, rock outcrops isolated trees with a diameter of eight inches or measured three feet above the base of the trunk and other significant existing features. Location of uses and outlines of structures, drawn to scale on and within one hundred (100) feet of the lots. Paved areas, sidewalks~ and wehicular access between the site and public streets Locations, dimensions, grades and flow direction of existing sewers, culvert: and waterlines as well as other underground and above ground utilities within and adjacent to the property. Other existing development, including fences, landscaping and screening The location of proposed buildings or structural improvement The location and design of all uses not requiring~tructures such as off street parking and loading areas. ~O~Jf~.~. The location, direction, power and time of use of any proposedO outdoor lighting or public address systems. The location of, and plans for, any outdoor signs The location and arrangement of proposed means of access and egress, including sidewalks, driveways or other paved areas; profiles indicating grading and cross sections showing width of roadway, location and width of sidewalks and lcoation and size of water and sewer lines. OVER... AREA = 21, 906 SCl. FT. .m MON. 40' 40' rq z Z Z 0 Z m Z KEY MAP SITE PLAN OF PROPERTY AT MATTITUCK TOWN OF SOUTHOLD SUUFFOLK COUNTY, N. Y. 1000 114 11 05 SCALE 1" = 20' APR. 2, 1987 JUNE 29, 1987 APR. 21, 198 BUILDING ZONE DISTRICT, SCHOOL DISTRICT, FIRE DISTRICT, 3O MA TTITU.CK 9 MATTITUCK OWNER & DEVELOPERS HARDY PLUMBING & HEATING CO. JOSEPH A. HARDY 1654 NORTH HIGHWAY SOUTHAMPTON~ N.Y.,96R CERTIFIED TO, CHICAGO TITLE INSURANCE CO. NORTH FORK BANK & TRUST CO. HARDY PLUMBING & HEATING CO. JOSEPH A. HARDY s~oO~ 6B.17' S. 77' 57' 30" Vi . N I 0 I F RAYMOND F. NI N.Y.S. LIC, NO, 49668 PECONIC SURVEYORS & ENGINEERS~ (516] 765 - 5020 P . O. BOX 909 MAIN ROAD SOUTHOLDi N.Y. 11971 PRELIMINARY 87 - 263 B AREA ~ '21, 906 SQ. ~' i"~ ill ZONE DISTRICT :'C' FIRE DISTRICT : 30 SCHOOL DISTRICT: 9 MATTITUCK MATTITUCK KEY MAP OWHER ~ DEVELOPERS HARDY PLUMBING ~ HEATING JOSEPH A HARDY '1654 NORTH HIGHWAY SOUTHAMPTON N.Y. CO. ,7~37 ~1ol~ SITE I000 PLAN OF. PROPERTY AT MATTI TUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 114 Il 05 SC,ALE I" 30' .APR. 2 ,1987 JUNE 29 , 1987 SOUTHOL D , N.Y. N.Y.S. LIC. NO. 49668 Bi ENGINEERS, P.C. CERTIFIED TO . CHICAGO TITLE iNSURANCE COMPANY NORTH FORK BANK & TRUST CO. HARDY PLUMBING ~ HEATING CO JOSEPH A. HARDY 87 AREA = 21, 906 SQ. FT. SOUTHOLD, N.Y. .S. LIC. NO. 496l'8 ~& ENGINEERS~ P,C. 1971 Z /xtN p. OAO Z KEY MAP PLAN OF PROPERTY SITE MA T -i[iTUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000 114 11 05 SCALE 1" = 20' APR. 2, 1987 JUNE 29, 1987 APR, 21, 1988 .RECEIVED B~ JUN 2 198 _ BUILDING ZONE DISTRICT, "C" SCHOOL DISTRICT~ 30 MATTITUCK FIRE DISTRICT, 9 MATTITUCK OWNER & DEVELOPERS HARDY PLUMBING & HEATING CiO' JOSEPH A' HARgY 1654 NORTH HIGHWAY SOUTHAM~TON~ N,Y, ;968 (®) '-- CERTIFIED TO' CHICAGO TITLE INSURANCE CO. NORTH PORK SANK & TRUST CO. HARDY PLUMBING & HEATING CO. JOSEPH A, HARDY 6B.tT' S, 77' 57' 30" W . N I 0 I F RAYMOND F, NINE DRAINAGE CRITERIA NEW PAVEMENT AREA= 5300 Sg'FT._+ ROOF AREA = 2400 SCi, FT._~ 7700 SG. FT 7700x0.17 x 0.9= 117B PROVIDE 7- 4'-8' DIA. LEACHING RINGS "'"' I 87 = 263 B AREA = 21, 906 SQ. FT. Z m z z WAlL ROAD z KEY MAP Z Z Z 0 Z rq SITE PLAN OF PROPERTY AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000 - 114 11 05 SCALE 1" = 20' APR. 2, 1987 JUNE 29, 1987 APR. 21, 1988 NINE RAYMOND F. BUILDING ZONE DISTRICT, SCHOOL DISTRICT, FIRE DISTRICT, 30 MATTITUCK 9 MATTITUCK OWNER & DEVELOPERS HARDY PLUMBING & HEATING CO. JOSEPH A. HARDY 1654 NORTH HIGHWAY SOUTHAMPTON~ N,Y. ;968 CERTIFIED TO' CHICAGO TITLE INSURANCE CO. NORTH FORK BANK & TRUST CO. HARDY PLUMBING & HEATING CO. JOSEPH A. HARDY DRAINAGE CRITERIA NEW PAVEMENT AREA= 5300 SQ'FT._* ROOF AREA = 2400 SQ FT.-* 7700 SQ. FT 7700x0.17 x 0.9= 1178 PROVIDE 7- 4'-B' DIA. LEACHING RINGS 'I f.S, llC. NO, 49618 RS & ENGINEERS~ P,C, 16] i 0 BOX 909 lin ROAD UTHOLD~ N,Y, II971 87 - 263 B Z 2 o ~ o g HOUSE- PORCH LIGHT- ON AT DWELLER'S DISCRETION. =ET GROOMIN6 ENTRANCE ~'ROPOSED BUILDING HP. SODIUM FLOOD- PROJECTED DOWN, for such use by The New York Stale Land zm J AREA F '7 o 57' 50" "N , SITE PLAN I000 KEY MAP _./ DRAINAGE NEW ROOF ROOF B400 SQ. FT. PAVEMENT 6680 SO, FT. PROVIDE 4- ff DIA. l~' DEEP L.PS. ~'~/ ' EXI~TINB ELEVATION' ~ ~ PAOPOSED ELEVATION PARKING STALLS PROVIDED fl OF~ PROPERTY AT MATTI TeC K TOWN OF SOUTHOLD SUFFOLK COUNTY, SCALE ~" = 30~ APR. 2 ,1987 , dUNE 29 , 1987 JULY 29, /988 ZONING DISTRICT C FIRE' DISTRICT 30~MATTITUCK SCHOOL DISTRICT 9:MATTITUCK OWNERS & DEVELOPERS HARDY PLUMBING & HEATING CO. JOSEPH A. HARDY 1654 NORTH HIGHWAY SOUTHAMPTON, N.Y. .Y,S,__ LIC, NO, 49668 ENG,NEERB, P O. RO BOX 909 MAIN ROAD - SOUTHOLD ,N.Y. ll971 CERTIFIED TO CHICAGO TITLE INSURANCE COMPANY NORTH FORK BANK & TRUST CO. HARDY PLUMBING B HEATING CO. JOSEPH A. HARDY 87 -26.~ AUG- 8 1~88 I~1 S0UIHBLD TOWN PLANNING BOARD AREA- - 'SOUTHOLD~ 21, go8 SQ. FT. LIC, NO. 496 P.C. N.Y. 1197] z z o o N, 77' Z KEY MAP WALL MON. 2 3 SITE PLAN F PROPERTY MATTITUCK 3~Z:6'~'> ~ TOWN OF SOUTHOLD ff"fe ~ ~. SUFFOLK COUNTY, N Y. z 1000 - 114 11 05 rq SCALE 1" [] 20' APR. 2, 1987 JUNE 29, 1987 APR. 21, 1988 May 14, 1991 FR,4I, I£ ~ SEPT. 4,1ggl BLDG. . dAN. 31, 1992 (revision) FEB-7 1992 SOUTHOLD TOWN PlaNNING BOARD HB ~ S. 77 , : NINE N I 0 I F RAYMOND F, BUILDING ZONE DISTRICT. SCHOOL DISTRICT. 30 MATTITUCK FIRE DISTRICT~ 9 MATTITUCK OWNER & DEVELOPERS HARDY PLUMBING & HEATINB CO. JOSEPH A, HARDY 1654 NORTH HIGHWAY SOUTHAMPTON~ N.Y. 196~ CERTIFIED TO' CHICAGO TITLE INSURANCE CO. NORTH F'ORK BANK & TRUST CO. HARDY PLUMBING & HEATING CO. JOSEPH aA. HARDY DRAINAGE CRITERIA NEW PAVEMENIT AREA= 5300 SQ'FT._+ ROOF AREA = 2400 SO. FT._+ 77~0 SQ. FT 7700xQ.17 x QLg= 1176 11-'76/"~'2,G4r- 2~B ~.FT: PROVIDE 7- 4'-8' DIA, LEACHING R~NGS LOT COVERAGE AREA COVERAGE STORES, HOUSE,DECK1FR. BLDG~STAIRS, ETC. 5080/2l~906 = ~3% LOT COVERAGE 5080 87 - 263 B