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HomeMy WebLinkAbout1000-141.-4-5PLANNING BOARD MEMBERS BENNETT ORLOWSICI, JR. Chairman WILLIAM g. CREMERS KENNETH L. EDWARDS GEORGE RITCI-IIE LATH.aM, JR. RICHARD G. WARD Town I-Iai1, 53095 ~Iain Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 10,1997 Robert H. Whelan, P.E. P.O. Box 590 Mattituck, NY 11952 Re: Request for site plan waiver for Charles Zahra - 1830 Pike St., Mattituck SCTM# 1000-141-4-5 Dear Mr. Whelan: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, June 9, 1997: WHEREAS, Charles Zahra is the owner of the property known and designated as SCTM# 1000-141-4-5 located at 140 Pike St. in Mattituck; and WHEREAS, a retail store is a permitted use in this Hamlet Business (HB) zone; and WHEREAS, apartments may be permitted over retail stores by Special Exception of the Board of Appeals; and WHEREAS, the Board of Appeals reinstated the Special Exception for the apartment on the second floor for single family occupancy on September 6, 1990, Application No. 3701, subject to the following conditions: 1. That the apartment not exceed 825 square feet in total floor area. That the apartment comply with all other codes, rules and regulations applicable thereto, including local and state fire construction codes; and Page 2 SAepian waNer~r ChadesZahra June 10,1997 WHEREAS, Town Code Article XlX, Section 100-191, off street parking areas, gives the Planning Board authority to waive on site parking in the Hamlet Business District where it shall find that municipal parking facilities are located within three hundred (300) feet of the proposed use will adequately serve the proposed use; and WHEREAS, municipal parking is located within three hundred (300) feet of the subject parcel; and WHEREAS, the proposed change in uses from a restaurant and apartment to a retail store and apartment will not be a more intensive use of this property; and WHEREAS, this waiver is subject to review by the Building Department which has jurisdiction to deal with building codes, and to review by the Board of Appeals which has jurisdiction to deal with zoning regulations; and WHEREAS, any violation of the conditions of this resolution may be grounds for rescinding this waiver; be it therefore RESOLVED, that the Southold Town Planning Board grant a waiver of site plan requirements. Please contact this office if there are any questions regarding the above. Sincerely, Bennett Odowski, Jr. Chairman cc: Building Department Zoning Board of Appeals Ed Forester, Town Investigator Lauw Dowd, Town Attorney Frank Yakaboski, Attorney Charles Zahra ,.~8 14.'97 09; -1.3 413. LORNA ~O01,'OU2 SMITH, FINKELSTEIN, LUNDBERG, ISLERAND YAKABOSKI ATTORNEYS AND COUNSELORS A? LAW 456 GRIFFING AVENOE, CORNER OF LINCOLN STREET P. O. BOX 390 RIVERHEAD, NEW YORK 11901-0203 (516) 727-4!00 FAX (516) 727-4130 FA~. COVER SHEET TO: FROM DATE: TELECOPY NO: NO. OF PAGES: (including cover sheet) RE: Zahra MESSAGE: Per our discussion. Bob Kasner Francis J. Yakaboski May 14, 1997 765-3136 (2) Thank you. IF THERE ARE ANY PROBLEMS WITH TRANSNIlSSION, PLEASE CALL (516) 727-4100 THIS TRA. NSMISSION IS INTENDED FOR THE USI~. OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESS, AND MAY CONYAIN CONFIDENTIAL INFORivLATION BELONGING TO THE SENDER WHICH IS PROTECT~'D lElY THE ATTORNEY.CLIENT PRIVILEGE OR OTHER DOCTRINE, IF YOU ARI~ NOT TIql~ INT£NDED RECIPIENT, YOU AAE HEREBY NOTIFIED THAT ANY DI$Ct. OSUR]~, COPYING DISTRIBUTION OR THE TAKINO OF AN'Y ACTION IN RELIANCE ON THI~ CONTENTS OF THIS INFORMATION IS STRICTLY PROHIBITED~ IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, IMMEDIATELY NOTIFY US BY TELEPHONE TO ARRANGE FOR ITS RETURN PLANNING BOARD MEMBE~C' RICI-IARD G. WARD GEORGE RITCI-IIE LATI-IAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS K~N~rETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 F~x (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: RE: Laury Dowd, Town Attorney Frank Yakaboski, Attorney Gerard P. Goehringer, Board of Appeals Gary Fish, Building Inspector Bennett Orlowsld, ' Chairman William Cremers, Planning Board Member Valerie Scopaz, Town Planner Robert G. Kassner, Site Plan Reviewer ~ Request for Site Plan Waiver Charles Zahra Property 1830 Pike Street, Mattituck SCTM# 1000-141-4-5 A meeting has been planned for Thursday, May 1, 1997, at 2 p.m. in the conference room at Town Hall to discuss the above request.(Copy enclosed) Please make every effort to attend this meeting, or send a representative from your department who is familiar with this matter. Please contact the Planning Board office to confirm your attendance. Encl. Apnll, 1997 Southold Town Planning Board P.O. Box 1179 Southold, New York 11971 An: Robert G. Kassner Site Plan Reviewer Re: Request for Site Plan Waiver Mr. Charles Zahra 1830 Pike Street, Mattimck SCTM# 1000-141-4-5 Dear Mr. Kassner: Pursuant to your letter of September 17, 1996, copy attached, please find enclosed a copy of the proposed floor plans for the building at the above referenced location. A tenant has been selected for the first floor. The proposed occupancy is an Arts & Crafts Shop in accordance with section 100-91A(6) Retail Stores. The second floor occupancy will remain as before, namely a single bedroom apartmem. In addition to my request for a site plan waiver, I request a waiver of off-street parking spaces in accordance w/th Section 100-19IA, being that the facility, is within the Hamlet Bus/ness District and there are municipal parking facilities within three hundred (300) feet of the proposed permitted use. I trust the enclosed information will satisfy your requirements for this project. Thank you for your time and cooperation on this matter. If there are any questions relative to the above please do not hesitate to call. Yom; eric. cc: Mr. Charles Zahra A?PEALS BOARD MEMBERS Gerard R Goehringer. Chairman Serge Doyen James Dinizio. Jr. Lydia A. Tor~ora Maureen C. Oatermann BOARD OF APPEALS TOW.'N OF SOUTHOLD Southold Town Hall 53095 Main Road PO. Box II79 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765- 1809 REPLY MEMO '/'TO: Bennett Ortowski, Jr., PB Chairman FROM: Gerard P.. Goehringer, ZBA Chairman DATE: April 23, 1997 SUBJECT: PB Memo/Inquiry dated April 18, 1997 (141-4-5) There has been no change to our previous memo dated 'June 5, 1996 to the Planning Board, which was in response to your memo at that time regarding this property and existing building. After a waiver was granted by the Planning Board in 1988 (copy attached), the applicant was to have a building permit filed with the Building Department which would meet all fire, building and other codes. As you may recall, litigation was commenced while inspections were pending by the Building Department. The ZBA does not have an application or knowledge of any other possible quasi-judicial jurisdiction at this time. Since the ZBA's jurisdiction is quasi-judicial, it must be based upon an action or disapproval of the Building Inspector dated within the last 60 days. We are not aware of any such action by the Buildng Inspector at this time. The variance granted in 1990, and still valid, is for a second use for occupancy as an apartment on fhe second-floor of the existing building with a limited floor area of 825 sq. ft. (as expanded by approximately 100 sq. ft. - see floor plan and ZBA file if additional ir~ormation is needed). We hope that the attached copies of the ZBA approval will be of assistance to you in making a waiver determination. Parcels. zb/141-4-5/p2 ' :; 23 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 REPLY MEMO v/To: Bennett Orlowski,' Jr., PB Chairman FROM: Gerard P. Goehringer, ZBA Chairman DATE: April 23, 1997 SUBJECT: PB Memo/Inquiry dated April, 18, 1997 (141-4-5) There has been no change to our previous memo dated June 5, 1996 to the Planning Board, which was in response to your memo at that time regarding this property and existing building. After a waiver was granted by the Planning Board in 1988 (copy attached), the applicant was to have a building permit filed with the Building Department which would meet all fire, building and other codes. As you may recall, litigation was commenced while inspections were pending by the Building Department. The ZBA does not have an application or knowledge of any other possible quasi-judicial jurisdiction at this time. Since the ZBA's jurisdiction is quasi-judicial, it must be based upon an action or disapproval of the Building Inspector dated within the last 60 days. We are not aware of any such action by the Buildng Inspector at this time. The variance granted in 1990, and still valid, is for a second use for occupancy as an apartment on (he second-floor of the existing building with a limited floor area of 825 sq. ft. (as expanded by approximately 100 sq. ft. - see floor plan and ZBA file if additional information is needed). We hope that the attached copies of the ZBA approval will be of assistance to you in making a waiver determination. Parcels. zb / 141-4-5/p2 APR 2 3 I997 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen. Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hail 53095 Main Road P.O. Box 1179 Soudiold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 REPLY MEMORANDUM TO: Chairman and Members of the Planning Board Attn: Site Plan Reviewer ~ FROM: Jerry Goehringer//~ DATE: 'June 5, 199~,/' SUBJECT: PB Inqldry - Property ~1000-141-4-B (C. Zahm, Owner) In response to your memo/inquiry received today regarding the above, there is of record a conditional ZBA approval which is still in effect (copies furnished to you by Mr. Whelan with his letter to PB. ) Apparently the Planning Board g-ranted a waiver in 1986 based on that project indicating that the building was already existing and determined no site improvements were possible or required. It is our understanding that Mr. Whelan is trying to obtain a current building permit and other agency approvals necessary to complete and occupy tile bnilding as provided by the codes, and wants to be sure the waiver given by the PB in 1986 is still in effect. One of the changes that involved the zoning since the previous litigation was that the zoning category name was changed in 1989 from B Business to Hamlet Business (without any sigmificant effect on the permitted uses under the previous zoning). A copy of this letter is being furnished to the building department for their information since the Building Department may be, or will be involved in the process at some point. cc: Building Department (with copies) Attn: Thomas Fisher, Sr. Building Inspector APPF. A/~ BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 September 21, 1990 Eric J. Bressler, Esq. Main Road P.O. Box 1424 Mattituck, NY 11952 Re: Appl. No. 3701 - Charles Zahra Dearer. Brushier= Transmitted for your records is a copy of the determination rendered by the Board of Appeals concerning the above application. Please be sure to. return to all involved agencies for approvals and permits as deemed necessary. Copies of this decision have simultaneously been transmitted to the Building Inspectors' Office for their files and update. Pours very truly, CHAIRMAN By Linda Kowalski Enclosure Copy ~fD~uisionto: Building Inspectors' Office Suffolk County Department of Planning y BOARD MEMBF. R~ t'. Goehringer, Chairman charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. =elephone (516) 765-1809 BOARD OF APPEALS TOWN OF sOUTHOLD ACTION OF ~ BOARD OF APPEALS SCOTT L. HARRIS $~-~or Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ~-Appl. No. 3701: Matter of the Application of CHARLES ZAHRA under Article XIV, Section 142 of the Zoning Code for a reversal of Building Inspector in his Revocation of Building Permit ~15428Z issued October 27, 1986. Location of Property: 140 Pike Street, Mattituck, NY; County Tax Map District 1000, Section 141, Block 4, Lot 5. Zone District: Hamlet Business (HB], previously ~ferred to as B-1 C~neral~usiness- At a Meeting of the Zoning Board of Appeals held on September 6, 1990 the following action was taken: WHEREAS, the Board has carefully considered all testimony and documentation submitted into the record concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and W~i~%S, the Board made the following findings of fact: 1.. By ~h~s apDlication, aDDlicant requests a rev~.rsal of ~e determination of the Building ~nspector of his Revocation of "Building Permit #15428Z issued October 27, 1986. The revocation was issued on November 5, 1987. The reasons stated on the building inspector's revocation notice read as follows: .... Your building permit no. 15428 Z issued October 27, 1986 is hereby revoked. Reason; not following plans, did not comply with a stop work order, in violation of 100-142-C & D... 2. The property in que?tio~n is located in the "B-l" · 0 0 £age 2 -Appl. No. 3701 App/ication of ?~4A~;T.R~ ZAHRA Decision Rendered September 6, 1990 Section 100-142-C & D, supra, (now Section 100-282C & D) of the zoning code regulations, provides as follows: ...Revocation of permit. The Building Inspector may revoke a building permit theretofore issued and approved .in the following instances: .-. C. ~Where he ~in~s that the work performed under the permit is not being prosecuted in accordance of the application, plans or specifi- cations... D. Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Building Inspector... 2. The property in question: (a) contains a total lot area of 3,800 square feet with 40.0 ft. frontage along the south side of Pike Street in the Hamlet of Mattituck, Town of Southold; (b) is identified on the Suffolk County Tax Maps as District 1000, Section 141, Block 4, 005; (c) is located in the Hamlet Business (HB) Zone District, as re-designated January 10, 1989 under the new Master Plan revisions; (d) is improved with an existing building which is nonconforming as to various setback requirements. 3. NumeroUS hearings were held by this Board, a//d on April 14, 1988, an interim decision was rendered. 4. In this record, it was found that factual and legal issues existed regarding the validity of the building permit under the nonconforming use section(s) of the zoning code (previously 100-118 and now Section 100-243), and the Board at its April 14, 1988 meeting set this matter down for a further hearing to be held on May 12, 1988. The applicants were asked to be prepared to present evidence regarding the factual issues concerning the nonconforming (residential) use of the building. 5. No hearing was held on May 12, 1988 since legal proceedings were commenced (May 11, 1988) by the applicant, and a hearing was to be continued on June 9, 1988, pending action by the Supreme Court. The property in question is located in the -u-~- ~ . :_ ~.~H nn the (0 Page 3 - Appl. No. 3701 Matter of CHARLES ZAHRA Decision Rendered September 6, 1990 6. On November 17, 1988 the Supreme Court rendered a decision remanding the issue of the nonconforming apartment use back to the Zoning Board of Appeals and reinstated that portion of the building permit which relates to the permitted restaurant use. 7: On JanuaryTD, l~Bg, the subject premises was re-designated Hamlet Business (HBJ under the new Master Plan revisions. 8. During 1990, additional hearings were held by th/s Board, and ~timnnv'and documentation were recorded, "... concer6~'tS~status of the second floor apartment as a nonconforming use..." (as per the Supreme Court's decision rendered November 17, 1988, Index No. 7725-88). NOW, Tu=KEFOEE, on motion by Mr. Goehring~r, seconded by Mr. Dinizio, it was RESOLVED, that based upon the record and personal knowledge of the board, reinstatement is hereby GRANTED for the apartment use on the second floor for single-family occupancy, with renovations and new construction as exists and as furnished for the record, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That th~ apartment not exceed 825 sq. ft. in total floor area; 2. That the apartment comply with all other codes, rules and r~gulations applicable thereto, including local and state fire construction codes. Vote cf the Board: A~s: Messrs. Goehringer, ~rigonis, Doyen, and Dinizio. (Absent due to hospitalization was Member Sawicki.) This resolution was duly adopted. /-'GERA~D P. GOEHRINGER, ~IRMAN lk TOWN PLANNER ~& ~ ~ ~ r~ ~:¢ ~:~ ~ ~ ~.',t Southold, New York 11971 TO: FROM: OFFICE OF TIlE TOWN PLANNER , sou' oL , Thomas Fisher, Se~or Building Inspector Laury Dowd, Town Attorney Gerard P. Goehringer, Chairman, Board o~ appeals Robert G. Kassn~r, Site Plan R~*iew~ SUBJECT: Request for site plan waiver Charles Zahra Pike Street, Mattituck SCTM# 1000-141-4-5 DATE: June 4, 1996 The attached correspondence has been received from Robert H. Whelan, agent for Charles Zahr{, requesting, a waiver of site plan requirements. In light of the previous litigation on this project I would appreciate your comments on this request. 'RO'BERT H. Ft- LA P.E. ~ o 160 Bungalmt, l. an,e ~[httlitucl¢. g'Y 11952 ' 516-298-$770 ' I o°6 May :) , · Southoid Town Planning Board P.O. Box ll79 ' d 3outhol , New York 11971 Att: Richard G. Ward, Chairman Dear Mr. Ward: As a_oent ir'or Mr. Charles Zahra l would like to request a waiver of site plan requirements. The follow'i~ data is provtded tot the Planning Board's reme,,v: NalTlel Address: Phone: Tax Map ~: Project Location: Mr. Charles Zahra P.O. Box 1137, 1830 Pike Street. Mattituck, NY 11952 516-298-4091 lOt)O- 141-04-05 140 Pike Street. Mattituck. NY / 1952 . The project consists of the completion of alterations to the above referenced structure originally started in accordance with Building Permtt g 15428-7~. The contemplated occupancy is ~pe C I or C2 ['or the first level and a residential apartment on the second level· A waiver of the site plan is requested based on a previous waiver dated October ,5. 1986. copy attached and the prior issuance of a building permit. ZBA approval ['or the apartment is current, with stipulations posted in a determination rendered September 6. 1990. copy attached. Thank y~u for your time and cooperation on this matter. [f there are any questions relative to the above piease do not hesitate to cail. Charles 7_ahra N' ,~o~hold... ~'. ! t.gTt October 8, L986 Mr. Curtis Horton Building. Inspector Town Hall Southold, NY 11971 Re: Charles Zahra Dear ~r. Horton: The followin~ action was taken by the $outho[d ?own Board, Monday, October 6, !986. RESOLVED that the Sohthold Town Planning Board waive the requirement for formal site plan ~eview for the sits of Charles ~ahra located at Mat~ituck, since this is a pre- existing building and no site improvements could be made at this time. If any physical changes are made subsequent to ~his, however, it may need formal site plan consideration and should be reviewed by the Pkanninq Board. If you have any questions, please don't hesitate to contact our office. ---- Very truly yours, ~cnu ..... , Secretary Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1802 OFFICE OF THE BUILDING INSPECTOR TOWN OF SOUTHOLD TO: FROM: RE: Bennett Orlowski, Jr., Chairman Gary J. Fish, Building Inspector ~ Charles Zahra Property @1830 Pike St., Mattituck,NY Suff. Co. Tax Map #1000-141-4-5 DATE: April 22, 1997 Due to recent inquiry by your board, and considering the past history of this project, I believe it would be most beneficial to have a conference with at least a representative from the Planning Board, the Zoning Board of Appeals, the Town Attorney, Frank Yakaboski, Legal Counsel, and a Building Inspector. Please respond as soon as possible so a meeting can be scheduled in the near future. cc to: Laury Dowd, Town Attorney Gerard P. Goehringer, Chairman, ZBA Frank Yakaboski, Atty 0 ROBERT H. WHELAN, P.E. P.O. Box 590 o 160 Bungalow Lane Mattituck, NY 119.52 o .516-298-5770 Southold Town Planning Board P.O. Box 1179 Southold, New York 11971 Robert G. Kassner Site Plan Reviewer Re: Request for Site Plan Waiver Mr. Charles Zahra 1830 Pike Street, Mattituck SCTM# 1000-141-4-5 April 1, 1997 Dear Mr. Kassner: Pursuant to your letter of September 17, 1996, copy attached, please find enclosed a copy of the proposed floor plans for the building at the above referenced location. A tenant has been selected for the first floor. The proposed occupancy is an Arts & Crafts Shop in accordance with section 100-91A(6) Retail Stores. The second floor occupancy will remain as before, namely a single bedroom apartment. In addition to my request for a site plan waiver, I request a waiver of off-street parking spaces in accordance with Section 100-19IA, being that the facility is within the Hamlet Business District and there are municipal parking facilities within three hundred (300) feet of the proposed permitted use. I trust the enclosed information will satisfy your requirements for this project. Thank you for your time and cooperation on this matter. If there are any questions relative to the above please do not hesitate to call. enc. cc: Mr. Charles Zahra APR 2 199'T pLANNING BOARD MEMBERS RICHARD G. WARD Chairman GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM 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 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 17, 1996 Robert H. Whelan, P.E. P.O. Box 590 Bungalow Lane Mattituck, NY 11952 RE: Mr. Charles Zahra 1830 Pick Street, Mattituck SCTM# 1000-141-4-5 Dear Mr. Whelan, The planning Board has received your letter of September 10, 1996, in reference to a waiver of site plan requirements for the above referenced property. The Board will review your request for a waiver when a tenant has been selected and the use is known. If you have any questions, or require additional information, please contact this office. cc: Thomas Fisher, Senior Building Inspector Edward Forrester, Town Investigator R OBER T I-t. WI--IELAN, p.E. ~.. O. Box $90 . 160 Bungalow~ane il'[attituclq ~Vy 119ff2 · $16-298-$770 Southold Town Planning Board P.O. Box l 179 Southold, New York 11971 September 10, 1996 , Art: Richard G. Ward Chairman Re:~ Request for Site Plan Waiver Mr. Charles Zahra 1830 Pike Street, Mart/tuck SCTM# 1000-14 I-4-5 Dear Mr. Ward: I am in receipt of your letter of July I l, 1996 in which you request to know the specific Permitted use to which the first floor would be converted to. You a/so request a floor plan to determine the required number of parking spaces tbr the proposed use, in order to respond to request for a waiver of site plan. Since at th/s time it is next to impossible to determine what use a potential tenant mav require the follow/rig list of permitted uses are submitted to continue my effort for site plan waiver at this location. · I00-91A(4) · 100-91A(5) · 100-91A(6) · 100-91A(9) · 100-91^(10) · J00-gl^(ll) · 100-91^(13) · 100-91A(14) · 100-91A(15) Business, professional and governmental offices. Banks and financial institutions. Retail stores. Personal service stores and shops, includ/ng barbershops, beauty parlors, professional stud/os and travel agencies. Art, antique and auction gallehes. Artists' and craftsmen's workshops. Repair shops for household, business or personal appliances, including cabinet shops, carpenter shops, electr/cal shops, plumbing shops, furniture repair shops and bicycle and motorcycle shops. Custom workshops. ' . Bus or train stations. In addition, I request a waiver of off-street parking spaces in accordance with Section 100- being that the facility is within the Hamlet Business D/strict and there are municipal parkine facilities within three hundred (300) feet of the proposed permitted uses. I trust the enclosed information will satisfy, your requirements. Thank you for your time and cooperation on this matter. If there are any questions relative to the above please do not hesitate to call. ~ Yo~s; , Robert H. Whelan, P.E. cc: Mr. Charles Zahra ROBERT H. WHELAN, P.E. P.O. Box 590 · 160 Bungalmv Lane Mottltuck, NY 11952 o $16-298-5770 September 10, 1996 Southold Town Planning Board P.O. Box 1179 Southold, New York 11971 Att: Richard G. Ward Chairman Re: Request for Site Plan Waiver Mr. Charles Zahra 1830 Pike Street, Mattituck SCTM# 1000-141-4-5 Dear Mr. Ward: I am in receipt of your letter of July 11, 1996 in which you request to know the specific permitted use to which the first floor would be converted to. You also request a floor plan to determine the required number of parking spaces for the proposed use, in order to respond to my request for a waiver of site plan. Since at this time it is next to impossible to determine what use a potential tenant may require the following list of permitted uses are submitted to continue my effort for site plan waiver at this location. · 100-91A(4) · 100-91A(5) · 100-91A(6) · 100-91A(9) · 100-9iA(10) · 100-9IA(Il) · 100-91A(13) · 100-91A(14) · 100-91A(15) Business, professional and governmental offices. Banks and financial institutions. Retail stores. Personal service stores and shops, including barbershops, beauty parlors, professional studios and travel agencies. Art, antique and auction galleries. Artists' and craftsmen's workshops. Repair shops for household, business or personal appliances, including cabinet shops, carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle and motorcycle shops. Custom workshops. Bus or train stations ! In addition, I request a waiver of off-street parking spaces in accordance with Section 100-19 lA, being that the facility is within the Hamlet Business District and there are municipal parking facilities within three hundred (300) feet of the proposed permitted uses. I trust the enclosed information will satisfy your requirements. Thank you for your time and cooperation on this matter. If there are any questions relative to the above please do not hesitate to call. Ve,,~,,-T-m~ Yours; / Rolsert H. Whelan, P.E. cc: Mr. Charles Zahra PLANNING BOARD MEMB~ RICHARD G. WARD Chairman GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLL~M 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 July II, 1996 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Robert H. Whelan, P.E. P.O. Box 590 Mattituck, NY II 952 P-~: Request for site plan waiver for Charles Zahra SCTM# Dear Mr. Whelan: The Planning Board has reviewed your letter of June 25th, the accompanying survey dated November 29, 1990 and the building deparu'r~nt's file for Building Permit # 15428-Z (wi~ich expired). Your letter requests a waiver for the proposed change of the first floor use from a restaurant to a C I or C2 type use (pursuant to Part 703, Subsections 703.2 and 703.3 of SubtitJe S: State Uniform Fire Prevention and Building Code). Some of the uses defined as CI or C2 types of uses are not permrCted within the Hamlet Business zone, which is the zoning of the subject property. In order for this Board to respond to your request for a waiver we need to know the specific permitted use to which the first floor would be converted to. Further, a floor plan, showing the square footage and usage of the floor space, would be helpful as it will determine the number of parking spaces that would be required by the proposed use. Sincerely, Richard G. Ward Chairman cc: Gary Fish, Building Inspector Laury Dowd, Town Attorney Gerard P. Goehringher, Chairman, ZBA L 0 ROBERT H. WHELAN, P.E. P.O. Box $9# o 160 B#n~alow Lan~ ~a~i~c~, NY 11952 · $16-29~-$770 Southold Town Planning Board P.O. Box 1179 Southold, New York 11971 Att: Robert G. Kassner Site Plan Reviewer Re~ Request for Site Plan Waiver Mr. Charles Zahra 1830 Pike Street, Mattituck SCTM# 1000-141-4-5 June 25, 1996 Dear Mr. Kassner: Pursuant to your letter of June 14, 1996 please find enclosed a copy of a survey by Young & Young of Riverhead, last revision November 29, 1990, for the above referenced parcel. Be advised the sanitary system proposed has not been installed as of this date but the building footprint reflects the current conditions. The building department has copies of the proposed floor plans for the building secured by Building Permit #15428-Z. The only major change to these documents is the proposed occupancy change on the first floor from a restaurant to either C1 or C2. I trust the enclosed information will satisfy your requirements for this project. Thank you for your time and cooperation on this matter. If there are any questions relative to the above please do not hesitate to call. enc. cc: Mr. Charles Zahra VA I.~gl~ SCOPAZ TOWN PLANNER Town Hall, 53095 Main Road P.O. Box 1179 Sou~hold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 OFFICE OF THE TOVfN PLANNER Tov~rN OF SOUTHOLD June 14, 1996 Robert H. Whelan, P.E. P.O. Box 590 160 Bungalow Lane Mattituck, NY 11952 RE: Request for site Plan waiver Mr. Charles Zahra 1830 Pike Street, Mattituck SCTM# 1000-141-4-5 Dear Mr. Whelan, The Planning Board has received your letter of May 30, 1996, requesting a site plan waiver for the above referenced property. The Planning Board cannot respond to your request because of insufficient information. In the Board's resolution of October 6, 1986, the Board indicated that if any changes are made to the site after the date of this resolution the Board would have to reconsider the waiver. Accordingly, the Board requests a current survey showing all uses and parking requirements. In addition, floor plans and any changes made to the building after October 6, 1986 are requested. If you have any questions, or require further information, please contact this office. ~o~e~r~7 ~assner Site Plan l~eviewer Gerard P. Goehringer, Chairman, Board of Appeals Laury Dowd, Town Attorney Thomas Fisher, Senior Building Inspector APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 REPLY MEMORANDUM TO: FROM: DATE: SUBJECT: Chairman and Members of the Planning Board Attn: Site Plan Reviewer Jerry Goehringer~ June 5, 19~ PB Inquiry - Property #1000-141-4-5 (C. Zahra, Owner) In response to your memo/inquiry received today regarding the above, there is of record a conditional ZBA approval which is still in effect (copies furnished to you by Mr. Whelan with his letter to PB.) Apparently the Planning Board granted a waiver in 1986 based on that project indicating that the building was already existing and determined no site improvements were possible or required. It is our understanding that Mr. Whelan is trying to obtain a current building permit and other agency approvals necessary to complete and occupy the building as provided by the codes, and wants to be sure the waiver given by the PB in 1986 is still in effect. One of the changes that involved the zoning since the previous litigation was that the zoning category name was changed in 1989 from B Business to Hamlet Business (without any significant effect on the permitted uses under the previous zoning). A copy of this letter is being furnished to the building department for their information since the Building Department may be, or will be involved in the process at some point. ce: Building Department (with copies) Attn: Thomas Fisher, Sr. Building Inspector VALERIE SCOPAZ TOWN PLANNER Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 OFFICE OF THE TOWN PLANNER TOWN OF SOUTHOLD TO: Thomas Fisher, Senior Building Inspector Laury Dowd, Town Attorney Gerard P. Goehringer, Chairman, Board of appeals FROM: Robert G. Kassner, Site Plan Reviewer~.~ SUBJECT: Request for site plan waiver Charles Zahra Pike Street, Mattituck SCTM# 1000-141-4-5 DATE: June 4, 1996 The attached correspondence has been received from Robert H. Whelan, agent for Charles Zahra, requesting a waiver of site plan requirements. In light of the previous litigation on this project I would appreciate your comments on this request. ROBERT H. }VHELAN, P.E. __~ .~-~ ' - .... p.()-~. Bo~.~ 590 *~160 Bungalow Lane ~*Iattituck. ~'Y 11952 ' 516-298-57711 May 30. 1996 Southold Town Planning Board PO. Box 1179 Southold, New York 11971 Att: Richard G. Ward. Chairman Dear iv[r. Ward: As agent for Mr. Charles Zatwa 1 would like to request a waiver of site plan requirements, The following data is provided tbr the Planning Board's review: Address: Phone: Tax Map #: Project Location: Mr Charles Zahra P.O Box 1137, 1830 Pike Street, Mattituck, NY 11952 516-298-409 I 100t)- 141-04-05 140 Pike Street, Mattituck, NY 11952 The project consists of the completion of alterations to the above referenced structure originally started in accordance with Building Permit # I ~4_8-Z. The contemplated occupancy is typ~ C I or C2 for the first level and a residential apartment on the second level. A waiver of the site plan is requested based on a previous waiver dated October 6, 1986. copy attached and the prior issuance {>fa building permit. ZBA approval for the apartment is current, with stipulations posted in a determination rendered September 6, 199t), copy attached. Thank you for your time and cooperation on'this matter. If there are any questions relative to the above please do not hesitate to call. enc. cc: Mr. Charles Zahra . Southoid. N.'f. I l.gT~. / .fc~.,~ c-~ ct- October 8, z98~ Mr. Curtis Horton Building. Inspector Town Hall Southold, NY 11971 Re: Charles ~ahra Dear Mr. Horton: The following action was taken by ,.n_ Southold Town Plantin~ Board,Monday, October 6, 1986. RESOLVED that the So%]thotd Town Planning Board waive the requirement for formal site plan review for the site of Charles Zahra located at Mattituck, since this is a pre- existing building and no site improvements could be made at this time. if any physical changes are made subsequent to this, however~ it may need formal sits plan consideration and should be reviewed by the Planning Board. If you have any questions~ please don't hesitate to contact our office. __. Very truly yours, BEN~ETT ORLOWSK i j~. C ~ ~ 9 ~/C~ · , .HA~ RMAN SOUT[IOLD TOWN P[,ANNI~IG !3OARD By Diane , ~e~r__ary .%ra~ p. Goehringer, C'aairman Charles Grigonis, Ir. Serge Doyen, Ir, Joseph H. Sawieki /ames Dinizio. Ir. Telephone (5t6) 765-1809 BOARD OF APPEALS TOWN OF $OUTHOLD ACTIOW OF T~E BOARD OF APPEAL.q Town Ha~. 53095 Ma/n Road P.O. Box 1179 Southold. blew York 11971 F~x Gl6) 765-18/3 Tetepho~; (516) 765- 1800 ::'-Appl. ~to. 3701: Hatter of the Application of CF-AB~LES ZA~IRA under Article XIV, Section 142 of the Zcning Code for a reversal of ~ ~ ~ Bu_,ding Inspector in his -~evocation o£ Building Permit 915428Z issued October 27, 1986. Loca=ion of Property: 140 Pike Street, Mattltuck, NY; County Tax Map District 1000, Section i41, Block 4, Lot 5. Zone District: ~amiet Business (~BJ, Brevio~sly. r~f~-r~d to a~ B-1 ~ener~l Business. At a Meeting of the Zoning Board of Appeals held on September 6, 1990 the following action was taken: WHEP~EAS, the Board has carefully considered all testimony and documentation submitted into the record concerning this application; and W~S, the Board Members have personally viewed and ar~ familiar with the premises in question its present zoning and Wn~tEAS, the Board made the following fi~ings of fact: ~etmrmlnatlon of the Building Inspector of hi ~evocation of Building Permit ~15428Z issued October 27, 1986. The revocation ~a~ %~sued on November 5, 1987. The reasons stated on ~um~ulng in~ctur'~ r~cation nctic~ r~ad as .... ~our buildin~r'pemit no. 15428 Z issued October 27, i986 is ~er~by revoked. Reason;_ not following plans, did not ccmpl! with a SZOD work order, in violation of 100-L42-C & D.. Page 2 -Appl~ No. 3701 Decision Rendered September 1990 Section 100-142-C & D, supra, (now Section 100-282C & D) of the zoning code reg~!ations, provides as follows: ...Revocation of permit. The Building %nspector may ~evoke a building permit t_heretofore issued and approved in the following instances: ... C. Where be finds ~t the work performed under the permit is not being prosecuted in accordance of the application, plans or specifi- cations... D. Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Building Inspector .... 2. The propert't in ~uestion: (a) contains a total lot area of 3,800 square feet with 40.0 ft. frontage along the south side of Pike Street the Hamlet of Mattituck, Town of Southold; (b) is identified on the Suffolk County Tax Maps as District 1000, Section 141, Block 4, 005; (c) is located in the Hamlet Business (HB) Zone District, as re-designated Janua~f 10, 1989 under the new Master Plan revisions; n~nc~nfurming is improved w±~h an mz4-~ting builM{ng wh/~h is as to various s~tback requir?ments. Apri~i 14, 1988, an interLm decision was rendered. 4. In this record, it was found that factual and legal issues existed regarding the validit? of the building permit under the nonconforming use section(s) of the zoning code (previously i00-!18 an~. ~cw Section 100-243), and the Board at its April 14, 1988 meeting set this matter down for a further hearing to be held on May ~2, ~988. The applicants were asked to be prepared to present evidence regarding the factual issues concerning the nonconforming (residential) use of the building. 5. No hearing was'held on May 12, 1988 since legal proceedings were cmos_nc_ed ~a¥3.1, 3.~SS) ~y ~h~upplicant, and a hearing was to be continued on June 9, 1988, pending ack-ion b~ the Supreme Court. r~~ P~e 3 -- A~l. No- 3701 ~atter of C~E~ ZAlq/~A Decision Rendered September 1990 6. On November 17, 1988 the Supreme CoUrt rendered a decision remanding the issue of the nonconfor~t~ng apartment use back to the Zoning Board of Appeals and reinstated that portion of the building permit which relates to the ~ermitted restaurant use. ~. ~ ~anuar7 TD, %9~9, t~e subject pr~mises was re-designated Hamlet Business (HB) under the new Master Plan ~Srrevisions. 8. During 1990, additional hearings were held by this nonconforming use-.." (as per the Supreme Court's decision rendered November 17, 1988, index No. 7725-88). N~W, Tnm--w~u~,cn motion b~ ~r. Gcehring~r, seconded Mr. Dinizio, it was RESOLVED, that based upon the record and personal knowledge of the board, reinstatement is hereby. G~NTED for the apartment ,:se on the second floor for single-fan%ily occupancy, with renovations and new construction as exists and as furnished for the record, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the apartment not exceed 825 sq. ft. in total floor area; 2. TiLer t/le apart_merit comply with a~l other cudes, ~nd r~lation~ a_~91icable ther~to, including~lccal and Ttate fire construction codes. ~ote of the ~oard: A~s: ~e~srs. Goehringer, ~r~gonis, -~oyen, and Dinizio. (Absent due to hospitalization was Member Sawicki.) This resolur-~cn was duly adopted- /.~E.R3~RD P. GOEHt~!NGE~q, !k p~ Box 590 · 160 Bungalo~ Lan~ Ma~it#ck, NY 11952 · 516-29#-$770 0 ROBERT H. WHELAN, P.E. May 30, 1996 Southold Town Planning Board P.O. Box 1179 Southold, New York 11971 Att: Richard G. Ward, Chairman Dear Mr. Ward: As agent for Mr. Charles Zahra I would like to request a waiver of site plan requirements. The following data is provided for the Planning Board's review: Address: Phone: Tax Map #: Project Location: Mr. Charles Zahra P.O. Box 1137, 1830 Pike Street, Mattituck, NY 11952 516-298-4091 1000-141-04-05 140 Pike Street, Mattituck, NY 11952 The project consists of the completion of alterations to the above referenced structure originally started in accordance with Building Permit #15428-Z. The contemplated occupancy is ~ C1 or C2 for the first level and a residential apartment on the second level. A waiver of the site plan is requested based on a previous waiver dated October 6, 1986, copy attached and the prior issuance of a building permit. ZBA approval for the apartment is current, with stipulations posted in a determination rendered September 6, 1990, copy attached. Thank you for your time and cooperation on this matter. If there are any questions relative to the above please do not hesitate to call. enc. cc: Mr. Charles Zahra ' ~ %[]"' ' SCALE' F'- 6~' ,...~-~e~o ~. ,4o.oo' SUFFOLK COUNTY N Y