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HomeMy WebLinkAbout1000-141.-4-5 (2)T $ I,D ¥ (516) 765-1938 ~. ~~C October 8, 1986 ~ Mr. Curtis Horton Building. Inspector Town Hall Southold, NY 11971 Re: Charles Zahra Dear Mr. Horton: The following action was taken by the Southold Town Planning Board, Monday, October 6, 1986. RESOLVED that the So%thold 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 site 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, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTIIOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary 3erard P. Goehringer, Chairman Omrles Grigonis, Serge Doyen, Sr. Joseph H. James Diniz~o, Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOLrFHOLD Town Hail. 53095 Ma~n Road P.O. Box U79 SouthoM, New York 11971 Fax C~16) 765-1823 Telephone (316) 765-1800 A_CTION OF THE BOARD OF APPEALS ;iApp1. NO. 3701: Matter of the Application of CHARLES ZAHRAunder Article XIV, Section 142 of the Zoning Code for a reversal of Building Inspector in his Revocation of Building Per, it %15428Z issued October 27, 1986. Location of Property: 140 Pike Street, Mattituck, ~; County Tax Map District 1000, Section 141, Block 4, Lot 5. Zone D~strict: ~amlet Business [HB}, ~reviously T~e~e~to as B-1 General~usinees. At a Meeting of the Zoning Board of Appeals held on September 6, 1990 the following action was taken: WHERF~S, 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 WHl~q~%s, the Board made the following ft~n~ings of fact: _~e ~ete~nation of the Bulling Inspector of his ~evocation of Building Pe~t %15428Z issued October 27, 1986. ~e revocation was issued on Nov~er 5, 1987. ~e reaso~ s~t~ on ~e ~tl~ing ~n~ector'~ r~cat~on notice read as fo11~s: ...Yo~ buil~n~e~it no. 15428 Z issued October 27, 1986 is here~ revoked. Reason;_ not following plans, did not comply with a stop work order, in violation of i00-142-C & D... Page 2 -App1. No. 3701 A~_l~-~f ~%~LESZAH~A 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 ~tnas ~=t the work~er~ormod 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 guestion: (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 /mproved with an ,Y(~(ng bUil~(ng which iS nonconforming as to various setback requirements. .Apri~ 1~, 1988, an interim decision was rendered. 4. In this record, it was found that factual and legal ~ssues existed regarding the validit~ 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 i2, 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 ~roceediugs were ~~ ~ay~l, ~9~ ~y ~h-a~plicant, and ~ hearing was to be continued on June 9, 1988, pending action the Supreme Court. ~ 3 -- a~_9/_ N~. 3701 ~atter of CHARLE~ ZAHPJk Decision Rendered September 6, 1990 6. On November I7, 1988 the Supreme Court rendered a decision r~nding 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. Dn Uanua~ 1D, %9B9, .=re-designated Hamlet Business ~:'revisions. t~e sub]ect prem~ses was (H~) under the new Master Plan ] .S. .During 1990f additional hearings were held by this oar~, an~ {~$timDny and documentation were recorded, ... concem[ng the status of the second floor apartment as nonconforming use..." (as per the Supreme Court's decision rendered November 17, 1988, Index No. 7725-88). NOW, T~n~w~PU~E, ~n~ti~nb~Mr. ~oehring~r, seconded b~ Mr. Dinizto, 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. ~at ~h- al~artmen= com~lywitha~l other cudes, rules x~ulations al~plicable thereto, tnclud~ng~local and state construction codes. --- ~ote of the Board: ~s: ~e~srs. ~oehringer, ~ri~onis, Doyen, and Dinizio. (Absent due to hospitalization was Member Sawicki.) This resolution was duly adopted. lk GOmmZNG , Planning Board Page 7 6/15/87 Mr. DiSpirto explained that he had no notice of the conditions which the Board were considering for the June 1, resolution. Mr. DiSpirto stated that an application for a one-family house would be permitted on this parcel without any need for an application to either the Planning Board or the Board of Appeals, however, he choose to apply for a two - family. He further explained that with a one-family house there would be no request for screening and he resented the thinking that because he is building a two-family instead of a one-family home it will be an eyesore to the community and will require screening. He explained that this will be his families home as well. Mr. DiSpirito had submitted photographs for the Board's review with legal two-familiy homes from Western Suffolk for the Board to get an idea of how a two - family would look. Mr. DiSpirito stated that he would incorporate the ideas of these homes with his own and build something that he felt would not be an eyesore. The other photographs' submitted indicated the existing screening on the properties adjacent to his. Mr. DiSpirto also stated that due to the elevation on the properties, any screening would not do much anyway. Mr. DiSpirto stated that in the furture he would landscape the property, however, he wished to do that at his own discretion. He also felt that two-family was a benefit to the community since it provided housing for people and was larger than an apartment yet did not require that people actually own the land and maintain same which could be costly. The Board concurred with Mr. DiSpirito's request and reasoning. On a motion made by Mr. Mullen, seconded by Mr. Edwards, it was RESOLVED that the Southold Town Planning Board amend the conditional resolution of approval of June 1, 198/ for the site plan proposal for Carmine and DonnaMarie DiSpirito to delete the condition requestingthat a landscape plan indicating a 10' buffer from the existing houses be submitted. The amended resolution will now read as follows: "RESOLVED that the Southold Town Planning Board approve the site plan for Carmine and Donna Marie DiSpirito for construction of a two-family dwelling' located at Young's Avenue, Southold, site plan survey dated as amended May 4, 1987, (tax map no. 1000-55-2-p/o 1)" Vote of the Board: Ayes: Orlowski,Mullen, Latham, Edwards Mr. DiSpirito expressed his thanks to Victor Lessard, Executive Administrator, to has helped him with this project. Zahra/Tabor Site Plan (ta~ map no. 1000-140-3-4) - Mrs. Pat Moore, Esq. was present for the Board's review of this site plan. This was not on the scheduled agenda, however, Mrs. Moore requested that the Board review this. Mrs. Moore stated that she had submitted an application to the Board for Mary Tabor who is proposing an under three-hour day care 0 0 Planning Board Page 8 6/15/87 on Pike Street in Mattituck. She stated that initially she had gone to the Building Department and it was determined that Planning Board approval would be required, the property is in a B~zone. Mrs. Moore stated that the facility would be a day care,nursery facility, however, the code right now does not allow for or specifically define nursery/day care center or even something similiar that could fit this catagory. Mrs. Moore stated that she believes personal service is the closest and most general definition that this use could fall under. This use is permitted in a business zone, and Mrs. Moore stated that she had hoped to get the Board to agree with this. She stated that this is a service provided to families who need someone to care for their children. She stated that the code does not anticipate someone not being able to do something with their property, common law allows you to do anything with your property and zoning restricts that, however, there are cases that are currently coming out that if the code does not specifically include a use it is not excluded. Therefore, Mrs. Moore felt that just because a use is not specifically excluded or does not fit into one of the sections in the zoning, this does not mean that it is not permitted in the code. Mrs.Moore asked that the Board make, on their own motion, a request to the Zoning Board to tell which classification this falls under and she requested that this be done on the Board's own motion so that a decision could be made on the determination of which catagory this falls under in a timely fashion. Mrs. Moore felt that with the Board of Appeal's interpertation the Planning Board can be directed to approve or deny-this application. Mr. Orlowski stated that the Planning Board will have to consult with counsel prior to any decision. Mr. Orlowski felt that the Board did not have any objection to the application as it is proposed, however, it was now known how the Board could handle this proposal with the existing zoning. Mr. Orlowski questioned if this could be classified as a school and Mrs. Moore stated that it wouldn't fallunder the requirements of a school, it is in a sense a babysitting services. Mrs. Moore explained that this' does not fall under the social s~rvices law which is a requirement of a school which goes more than three hours. Mrs. Moore stated that this will be for pre-school children who will be cared for for under three hours. Mr. Orlowski stated that thi~can start as a day care and then be exp_~nd~d and the Board did not want to have any problems with regard to this. It was the consensus of the Board to refer to counsel and advise Mrs. Moore upon receipt of legal advice. The Breakers at Lands End (tax map no. 1000- 35-1-25): Mr. Henry E. Raynor, Jr. as agent, and Mr. Steve Hyman, project engineer were present for the Board's review and discussion of this propOsal for 350 condominium units located at Greenport. FORM NO, 3 TOWN OF $OUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIlOLD, N.Y. NOTICE OF DISAPI'ROVAL File No ................................ 'r .~..~... ~...~...~ , ?..~.:.c.. ~.~...~ ......... . .'~..~....~......~.*.~..,..u.~ ~ ~... PLEASE TAKE NOTICE that your application dated ,....~.~ .[..~ ......... 19 ~. ~.. for peT,it to const~ct . . . ~.. ~ .... ~.~. · .~.~ ............. at 1 ,,cation or I'ro.,erty ~ ~ ~ ~ ~.~.. County Tax MapNo. 1000Section ..'...t.~.~.... Block ..... O..~ ..... I.ol .~.~ ......... Subdivision ................. Filed,Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds..0~: .~.....X~L.... ?.' .a~.. 7 .]. ~ ~ .... · ~, ~-..2--~,~.. ~~'..o~,~,~..~ .w. ~..~...'k~.. ~ ...... Building Inspector FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certi[icate O[ Occupancy No...Z. 1./~ .19.6. ........ Date .. F.e.b.,. 3., ....................... 1986. THIS CERTIFIES that the building .... O £ fi.ce, fa.c J. ~. £.t.y. .......................... Location of Property .. 6 0 P.. P. $ g .e..~ .t C .e.e. ~. ....... H a t t ± t u c k House No. ' ' ' 'S'treei ....................... Hamlet County Tax Map No. 1000 Section .1./!..0 ........ Block . .q3. ........... Lot ..... p.0A ........ Subdivision ............................... Filed Map No ......... Lot No .............. conforms substantially to the Application for Building Permit heretofore filed in this office dated ·..d.u.n.~...~ 5 ........... , 19 .8.5. pursuant to which Building Permit No... ! .6.5.2. ! .Z ............ dated .... .1./.3.9 ................... 19 .8.6., was issued, and conforms to all of thc requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... .C ors.v.~ .r.~, .s.L. or.a.g~, ~ jXe. c]. p.f..qs $~.L.J, .rig..b.u..J_~..d.$ n. g..~.q. 9.f.f. J;c. ?..f..a..c .J..1.5.. ~ .i .e.s.. .... The certificate is issued to .......C.h.a.r~.e.s..Z.ah.v.a. & wife ............... of the aforesaid building. Suffolk County Department of Health Approval .......... N. [.& ............................ UNDERWRITERS CERTIFICATE NO .................. I~ ~B.c[5, Og ........................ Plumbers. Certificate Building Inspector Rev. 1/81 7 ehr , ChorlCS Danle~ C. Ross WICKHAM~ WICKHAM & BRESSLER, p.c. December 4, 1985 / Tow. Southold Town Building Dept. Main Road Southold, NY 11971 Re: Charles Zahra - Pike Street Property Gentlemen: As attorneys for the Matti~uck Park District~ we have been asked to advise you that the Park District determined at their meeting on October 29, 1985 it had no objection to the improvements being made to the building by Mr. Zahra. Sincerely yours, Abigail A. Wickham AAW:ab cc: Mattituck Park District Danle~ C. Ross WICKHAM, WICKHAM & BRESSLER, ~.c. 516-298-83S3 December 4, 1985 Southold Town Building Main Road Southold, NY 11971 Dept. Re: Charles Zahra - Pike Street Property Gentlemen: As attorneys for the Mattituck Park District, to advise you that the Park District determined at their meeting on October 29, 1985 it had no objection to the improvements being made to the building by Mr. Zahra. we have been asked AAW:ab cc: Mattituck Park District !;LDG. DEPT. ] t;WN OF SOUTHOI.~ Sincerely yours, Abigail A. Wickham Danle~ C. Ross WICKHAM, WICKHAM & BRESSLER, MATtITUCK LONG ISLAND NEW YORK 516-298-8353 December 4, 1985 OEC-5 985 !]LDG, DEPT, TC;WN OF $OUTHOLI~ Southold Town Building Dept. Main Road Southold, NY 11971 Re: Charles Zahra - Pike Street Property Gentlemen: As attorneys for the Mattituck Park District, we have been asked to advise you that the Park District determined at their meeting on October 29, 1985 it had no objection to the improvements being made to the building by Mr. Zahra. Sincerely yours, Abigail A. Wickham AAW:ab cc: Mattituck Park District SZOP-..AG E- AREA XITC EN STORE .5TOI~ E ~_ zd' I1'10" hu~' ~,.~cl~ L,f~.~,.) b~rh bd~ooms, STORE FLOOR PLAN $-[OP-._A G E- ~£A 0',/'£ I~ I.i £~,D ~d ~ ~F %tess For ~¢. 6-~m ~e · 5TORE R '. 5TOP._ E ?_ ~ STO~E i FLOOP~ PLAN HENRY E. RAYNOR, Jr., C/uu'rman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 TELEPHONE 765-1938 October 26, 1983 Mr. Charles Zahra P.O. Box 1137 Mattituck, New York 11952 Re: Site Plan Dear Mr. Zahra: The following action was taken by the Southold Town Planning Board, October 24, 1983. RESOLVED that the Southold Town Planning Board approve the site plan "Charles Zahra at Mattituck". Please forward the application fee in the amount of $25 to our office at your earliest convenience. Thank you. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD cc: Building Department By Susan E. Long, Secretary HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. SL ~r~~~Y $outhold, N.Y. 11971 TELEPHONE 765-1938 October 12, 1983 Mr. Edward F. Hindermann Building and Housing Inspector Southold Town Hall Southold, New York 11971 Re: Charles Zahra Site Plan~. Dear Mr. Hindermann: Regarding your certification dated September 22, 1983, please advise our Board if it is necessary for the applicant to apply to the Zoning Board of Appeals for a use variance for the second floor. We will hold this application in abeyance pending your response. Thank you for your assistance. Very truly yours HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan 'E. Long, Secretary HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILl.lAM F. MULLEN, Jr. Southold, N.Y. 11971 TELEPHONE 765-1938 October 12, 1983 Mr. Edward F. Hindermann Building and Housing Inspector Southold Town Hall Southold, New York 11971 Re: Charles Zahra Site Plan~_ Dear Mr. Hindermann: Regarding your certification dated September 22, 1983, please advise our Board if it is necessary for the applicant to apply to the Zoning Board of Appeals for a use variance for the second floor. We will hold this application in abeyance pending your response. Thank you for your assistance. Very truly yours HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 TEL. 765-1802 SEP £ 3 REC'D September 22, 1983 Plannning Board To~n of Southold M~in Road Southold, NY Subject: Certification of Site Plan Charles Zahra, Mattituck, NY Gentlemen: The above premises is located in a B-1 General Business District. The use of building for retail stores is permitted in this district. The residential second floor apartment is a non-conforming use for this zone, Art. VII, Sec. 100-70 A (1)(c), The lot area and building set backs are non-conforming for this district as required under Bulk and Parking Schedule Art. VII, Sec. 100-71. There that would additional off-street is public parking facilities adjacent to this lot no doubt provide off-street parking for the proposed store in this building. The lack of parking and loading areas is a non-conforming condition. This certification is made in accordance with Art. XIII, Sec. 100,133 C, for Zoning requirements. Yo~s truly, / Edward~ F. Hindermann Building & Housing Inspector EFH:ec Attch. HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 TELEPHONE 765-19~ September 20, 1983 Mr. Victor Lessard Building Administrator Southold Town Hall Southold, New York 11971 Re: Charles Zahra Site Plan at Mattituck Dear Mr. Lessard: The following action was taken by the Southold Town Planning Board, Monday, September 19, 1983. RESOLVED that the Southold Town Planning Board refer the site plan "Charles Zahra at Mattituck" to the Building InspectOr's Office for certification. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD Attch. Site Plan (3) By Susan E. Long, Secretary ~. 6~°-qS ~O"W.--qO.O -R.dol,~ q:b.~lq~q ~T ~T ~ ~AppROVED BY pLANNiNG BOARD TOWN OF ?oUTHQLD ,~enl~andum from... BUILDING INSPECTORS Old. iCE TOWN OF SO~FfHOLD Tows HALL, ,~OWrHOLD, N. Y. 11971 765-1802 1' ,/ FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To.~./.,¢~.~ ~.../.-'7.../-.~/-/~..~ ..... .. ~.~.:...~ ...... .-~? ...... ·..~7~.7. ~.c-~t. ./~....~... PLEASE TAKE NOTICE that your application dated ./~/./~. .... ~.. ........... ,19~.. . . ~ . ,- /_ · ~ co..e=,t to co.,t~¢t ~.~X/~... C..C~T~..~ ...... ~ ...... at t. House No. St~t ~amtet cou.tv ~ ~p ~o. ~000 s=~tio.../.~q ...... mo=k .. ....... ~t . .~ ...... Subdivision. ' FQed Map No. ~t No .................. ,, ~e,u=,, ~,,~ a...,,app~ove~ o. t.. ~o.o.in, ~o.n,, ~~...~ .... ~.~...re~.~z .... ~...~Z~.. ~~ ................ Building Inspector RV 1/80 LEFFERTS P. EDSDN ~UDOLPH H. BRUER MAI N ~OAD May 19, 1987 Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Att: Diane Schultze, Secretary Re: Zahra/Taber 600 Pike Street Mattituck, N.Y. SCTM# 1000-140-3-4 Dear Diane: Enclosed please find my 5/19/87 letter to Mr. Orlowski, Chairman of the Southold Town Planning Board, six (6) prints of Zahra site plan, and authorization letter from Mr. Charles Zahra to Mrs. Mary Taber. Thank you in advance for your assistance in this matter. Sincerely, Patricia C. Moore, Esq. PCM/df Encs. May 19, 1987 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Zahra/Taber 600 Pike Street Mattituck, N.Y. SCTM# 1000-140-3-4 Dear Mr. Orlowski: This office represents Mary Taber, who intends to lease the above referenced premises, owned by Charles Zahra, for the Children's Training Program. The Children's Training Program is a program in which children are cared for in either a day or afternoon session. The sessions are under 3 hours a day, therefore Mrs. Taber is not required to comply with State Social Services Requirements. Pursuant to the attached notice of disapproval issued by the Town Building Inspector on May 13, 1987, we respectfully request that the Board waive the amended site plan requirement. Enclosed are six (6) prints of the previously approved site plan for the Zahra building renovations. Please note that the site plan will remain the same. Mrs. Taber merely intends to change the use of the property from the current use as a law office and banking facility to the Children's Training Program. The proposed use of the property will be less intensive than its current use, in that only one to three employees will care for the children, therefore the proposed use will create a minimal impact on the adjacent parking facility. Under similar circumstances, the Board has exercised its discretion by waiving the amended site plan requirement, ie. Robert's Jewelers and North Fork Clothing Co. In light of the above factors, we request that you waive the amended site plan review process and direct the Building Inspector to issue a permit to operate the Children's Training Program. ~/~~ruly yours, ~\ Patricia C. Moore, Esq. PCM/df Encs. MEMORANDUM TO: FILE FROM: Valerie Scopaz, Town Planner ~r APPROVED BY PLANNING BOARD Unauthonzed alteration or addition to this document is a v~olation of section 7209 of the New York State Education law. Copies of this document not bearing the engineeFs inked seal or embossed seal shall not be considered valid copies.