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HomeMy WebLinkAbout1000-122.-3-7 HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI. Jr. GEORGE RITCHIE LATHAM. Jr. William F. Mullen, Jr. Southold, N.Y. 11971 TELEPHONE 765- 1938 June 4, 1981 Mr. Ge6rge Fisher Senior Building Inspector Town Hall Southold, New York 11971 Dear Mr. Fisher: The following action was taken by the Southold Town Planning Board at a regular meeting held June 1, 1981. APPROVAL of the parking plan for the subject of Larry Suter's retail fish store. This approval is subject to a one year review. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Linda Kimmins, Secretary 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 SCOFF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 MEMOPJtNDUM TO: FROM: Victor Lessard, Principal Building Inspector Vincent Wieczoreck, ordinance Inspector Bennett Orlowski, Jr., Chairman and ~'lJ~ Members of the Town Board RE: Blue Water Cafe S/s SR 25, 300' E/o Bay Ave., Mattituck, N.Y. SCTM # 1000-122-3-7 DATE: October 6, 1992 At the direction of the Town Attorney, I am bringing this matter directly to your respective attention To date, the property owner has not taken any action to redress the violation. We would like to see enforcement action pursued. The attached copies of past memoranda are for your convenience. cc: Harvey Arnoff, Town Attorney HARVEY A. ARNOFF Town Attorney MATFHEW G. KIERNAN Assistant Town Attorney OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD SCOTF L. HARRIS 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: RE: MEMORANDUM Harvey A. Arnoff. Town Attor~~ September 4. 1992 Blue Water Cafe - Your memo of August 25. 1992 Since September 8, 1992 is a regularly scheduled meeting of the Town Board I doubt whether I will be able to attend your session between ~,:00 and 5:00 P.M., since my time on that date is quite limited. However, if the Board wishes for this office or the Building Inspector to take appropriate action under Section 100-253(G) of the Town Code, I would be pleased to do so. Bear in mind, however, in future correspondence should you wish to refer me to a section of the Code you need not recite it verbatim in your correspondence but, may merely refer to the section should you feel that to be necessary, as we also have a current copy of the Town Code here in our office. 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 I 1971 Fax (516) 765-1823 TO: FROM: Harvey Arnoff, Town Attorney Bennett Orlowski, Jr., Chairman RE: Blue Water Cafe S/s SR 25, 300' E/o Bay Ave., SCTM # 1000-122-3-7 Mattituck, N.Y. DATE: August 25, 1992 After discussing the above-referenced site with the Building Department, this Board has come to the conclusion that the site is being operated in violation of the site plan approval that was granted in 1981. The property owner was issued a Notice of Violation by the Ordinance Inspector in 1988. At a December 1991 meeting, the owner's attorney was reminded by the Building Inspector in the presence of the Assistant Town Attorney that the site remains in violation. Section 100-253. G. of the Zoning Code states that: "Upon recommendation of the Planning Board and approval of the Town Attorney, the Building Inspector may revoke an existing certiffcate of occupancy upon a showing that the subject premises is being occupied or used in violation of an approved site plan and may direct that such occupancy or use be discontinued. The Town Attorney is authorized to commence proceedings in a court of appropriate jurisdiction to restrain said use or occupancy." We would like to discuss this matter further, preferably at our next work session which will be held in our office between 4 and 5 P.M. on Tuesday, September 8, 1992. cc: Victor Lessard, Principal Building Inspector HARVEY A. ARNOFF Town Attorney MA'VrHEW G. KIERNAN Assistant Town Attorney OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD TO: FROM: DATE: RE: MEMORANDUM Victor G. Lessard. Principal Building Inspector Harvey A o Arnoff. Town~ August 24. 1992 Blue Water Cafe SCOFF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Kindly give me an update on the problem raised by the Planning Board with regard to the above-referenced matter. cc: Planning Board SOUTHOLD TO¥~IN INSPECTORS (516) 765-1802 VICTOR LESSARD, Principal CURTIS HORTON, Senior VINCENT R. ~ECZOREK, Ordinance ROBERT ~SHER, Assistant Fire Building Ins~ctors ~OMAS ~SHER GARY ~SH OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD SCOl'l 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: Harvey Arnoff, Town Attorney Victor Lessard, Principal Building Inspector Blue Water Cafe August 25, 1992 I will give you brief history of project, and we can proceed from there. Site Plan Approval - June 1st, 1981 (for parking) Building Permit - June 17, 1981 add and convert building to Fish Market, notarized letter from "George Newell" former owner stating son used the building for air conditioner and garage repair business. Noti6e of Disapproval June 15, 1981 starting without permit. Underwriters - July 15, 1981 New service and all new wiring inside. April 18, 1982 - sent letter using building without CO. CO - April 20, 1982 - Add and convert building to fish market. August 18, 1988 - Order to Remedy erecting tents and awning for restaurant without building permit. Page "2" Re: Blue Water Cafe Sept. 12, 1988 - Vinnie sent letter asking why no response to Order to Remedy. Sept. 16, 1988 - L. Suter met with Curt and was told to get papers in line in next two weeks. November 12, 1988 - Letter from H. Bagshaw sa~ing 15 Darking spaces available on Mattituck Auto Parts parking lot.' December 1991 - Met with Richard Alhers, Matt; Bob Kassner and myself. Notified his client in Florida, will act on it as soon as client returns. July 1992 - After Matt talking and writing to Alhers on a number of occassions, Alhers writes letter stating client does not wish to address problem at this time. VL:gar cc to: Planning Board/ DEPARTMENT OF HEALTH SERVICES COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE July 6, 1992 MARY E. H[BBERD, M.D., M.P.H. Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Town Hall P.O. Box 1179 Southold, NY 11971 Att: Ms. Valerie Scopaz Re: Blue Water Cafe Dear Mr. Orlowski: Enclosed, as per your request, is a copy of t~ PtANN{NG BOARD...~_./ sewage disposal system file on record for the above property as well as a copy of the current permit to operate a food establishment at the above site. Apparently, this department approved and inspected an installation of an enlarged sewage disposal system for Blue Water Seafood in 1981. The approval was for a retail fish store and limited cooking. The food bureau has informed me that the existing permit has been issued for five benches (twenty seats) on the exterior, for patron use. Since a recent inspection revealed that more seats exist than allowed under the current permit, the food bureau will follow up on the alleged violation. If you require any further information, please do not hesitate to call. · Associate Public Health Engineer, Chief Office of Water and Wastewater Management cc: Elizabeth Canal SUFFOLF~ coUN ~Y ~)c ,~ ~ tm~,'- NAME CE ESIABLISHMEN] ADgRESS OF ES1ABLtSHMEN! ESIABi iSHMEN] OWNER EXPIBATI.QN DA Ti?, F~£ pA'ID ,p ~:,(, OPERA] OR MAiL ADDRESS p©HTE 25 N.Y. 11952 / .... ~%AT'rI'IUC K pERMIT, SUBMITTED AT LEAST 15 DAYS pRtORTO THE ExPiRATION OF AN EXISTING ~GES: (SEE OTHER SIDE OF APPLICATION). ~ ), YEAR & MAK FOR MOBILE UNITS: vEH uc PLATE NO t THE FOOD EsTABLiSHMENT DESCRIBED HEREIN IN cOMPLIANCE CANT HEREBY AGREES TO oPERATE couNTY SANITARY cODES. REQUIREMENT~OFTH NEW YORK STATE AND suFFOLK , , TTLE'.../. .. ,',: A ..... ' t~LUE yd~TER SuAFOOD ~E .......... '-"' ~ .............. - ,' ROUTE 25 ,, ¢',; ¢ DATE ............ [,,~TTI~JCK AT T L, AWI-IENCii: P, SU3.'ER- ' ; IS YOUR BILL ,E CHECK PAYABLE TO THE ~ AND RETURN ~ OF OWNER OPERATOR ,,~ YOUR FEE merit must be-received on ,~r~tion date, ---> NOTICE (--- LAWRENCE P. SUTER-OWNER DBAI BLUE WATER SEAFOOD ROUTE 2~ MATTITUCK THE FEE PRINTED II~,~BYE I$ CORRECT ~D REFLECTS AN INCREASE. NY i19~2 [ DT BILLEDI 06/04/91] ~ MARK THiS BOX AND FILL iN NEXT PAGE IF OWNERSHIP OR ESTABLISHMENT NAME HAS CHANGED· PAGE I · I..~PA:< r~=uN .~ 0 ............................... ~-,. ~ ~.~ ............................ E~vat~on HE~ ~ERV~CES DEP~T~NT, ~ 2. ~pth S&G 3. Backfill Exca. Insp. approved by SI~ I~SPECTION WATER . une-tam~y nouse(~_).Co~rcial (~)~ 9. Public water line instali~' -- 5..Factl. to p.1. & to building ...... { ~ ~lO. gater line to edge of facilities( ) 6. Oist. to other wells & pools ...... (~) -= ....... ::--.:...:..~: .... 7. Covers.clear, walks & drives ...... {~ ........................ ll. Well location ~3. C~sing 8. Safe d~stance to surface wate~...(~ 12. Lateral line Dia. ~ SEPTIC T~IK INSPECTION 14. ~nufactu~r 17. Air space ~ 18. Nu~er of ~~gals.) lg. D~p tees ~ar~n~ lS. 20. ~anholes)~ 21. Traverse wal~ tank Mat'l ~g. Covers g3. Liq. level 24. To grade 25. Tank level 16. Waste line Size ' BLOCK AND PRECAST LEACHING-POOL INSPBCTION #1 POOL #2 POOL #3 POOL ~4 POOL #5 POOL 26. ~ sects./dia./top- Blks/course-# courses 27. Total leaching of each pool installed 28. Waste line size & type of material 29. Chimey provided 30.1Cove~ approved 3l. Distance to fin. grade REINSPECTION TOTAL SQUARE FEET ITEM NUMBERS OF LEACHING .-,-,., '.'b,,,, (,o: Date Supervisor Date ~spector S-7 Revised 8/72 18.180 /oo~ LLCt'fD W, . Li,,,,...-.~ , PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards 'Fclephone {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 June 15: 1992 Steven Costa, Director Wastewater Permit Division Suffolk County Department of Health Services County Center Riverhead, New York 11944 Re: Blue Water Cafe S/s SR 25, 300' E/o Bay Avenue, Mattituck, N.Y. SCTM # 1000-122-3-7 Dear Mr. Costa: I am writing in reference to the above-named restaurant. I would be most appreciative if you would provide this office with a listing of all approved Health Department permits on file for this property. If yoU need more information or have ql~estions, please do not hesitate to contact either Valerie Scopaz or Bob Kassner of this office. Sincerely, Bennett Orlowski, Jr. ~/' '/~ 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 SCOTI' L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 MEMORANDUM TO: Matthew Kiernan, Assistant Town Attorney FROM: Bennett Orlowski, Jr., Chairman RE: Blue Water Cafe S/s SR 25, 300' E/o Bay Avenue, Mattituck SCTM # 1000-122-3-7 DATE: April 21, 1992 This is to notify you that this office has not received any response from either Richard Ehlers, Esq. or his client, Lawrence Suter, regarding certain violations on this site that have been on record and unresolved since 1988. The violations involve the conversion of a retail fish store to a restaurant without building permits and operation of same without a Certificate of Occupancy. If you recall, a meeting to resolve this matter took place in December of 1991. This meeting was attended by Mr. Ehlers, yourself, the Principal Building Inspector and a member of my staff. At that time, it was agreed that Mr. Ehlers would respond to the Town after discussing the matter with his client who was in Florida for the winter. Given the lack of response in more than three months, it would be appreciated if you would pursue this enforcement matter. cc: Victor Lessard, Principal Building Inspector Curt Horton, Building Inspector Vincent Wieczoreck, Ordinance Inspector PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, .Ir. 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 December 5, 1991 Richard A. Ehlers Ehlers & Ehlers 456 Griffing Avenue P.O. Box 387 Riverhead, New York 11901 RE: Blue Water Cafe S/s State Route 25, approximately 300' E/o Bay Avenue, Mattituck, N.Y. SCTM ~ 1000-122-3-7 Dear Mr. Ehlers: This is to note for the record the discussion that was held on Thursday, December 5, 1991 at the Southold Town Hall. Present at the meeting were Matthew Kiernan, Assistant Town Attorney; Valerie Scopaz, Town Planner; and yourself. You were joined later by Victor Lessard, Principal Building Inspector. There were two purposes for the meeting. First the Planning Board wished to inform Lawrence Suter of a unified development concept for some of the commercial area between Bay Avenue and the North Fork Beverage site. While implementation of Mr. Suter's portion of this proposal would require the cooperation of the neighboring property owner to the east, nevertheless, it represents another development option for Mr. Suter. The second purpose of the meeting was to discuss the fact that Mr. Suter does not have a Certificate of Occupancy for the restaurant portion of the business. In order to obtain a Certificate of Occupancy for the restaurant, an amended site plan approval has to be obtained from the Planning Board. Your client's cooperation in correcting this violation would be appreciated. I have enclosed a copy of the site plan application and of the unified development concept for your convenience. If there are any questions, please do not hesitate to contact Valerie Scopaz. Sincerely, Bennett Orlowski, Jr. ~ ~ Chairman Encls cc: Matthew Kiernan, Assistant Town Attorney 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) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTI' L. HARRIS Sup~:rvisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 November 18, 1991 Richard A. Ehlers Ehlers & Ehlers 456 Griffing Avenue P.P.Box 387 Riverhead, New York 11901 RE: Blue Water Cafe S/s State Route 25, approximately 300' E/o Bay Avenue, Mattituck, N.Y. SCTM # 1000-122-3-7 Dear Mr. Ehlers: This is to confirm the rescheduling of the Thursday, November 21, 1991 meeting to Thursday, December 5, 1991 at 9 o'clock in the morning. As before, the meeting will be held in the Conference Room at the west end of the building. Your cooperation in rescheduling this meeting is appreciated. Sincerely, Bennett Orlowski, Jr. Chairman cc: Harvey Arnoff, Town Attorney Matthew Kiernan, Assistant Town Attorney 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) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 November 7, 1991 Richard A. Ehlers Ehlers & Ehlers 456 Griffing Avenue P.P.Box 387 Riverhead, New York 11901 RE: Blue Water Cafe S/s State Route 25, approximately 300' E/o Bay Avenue, Mattituck, N.Y. SCTM # 1000-122-3-7 Dear Mr. Ehlers: This is to confirm that a meeting has been set to discuss zoning violations at the aforenoted site. The meeting will be held on Thursday, November 21, 1991 at 3:30 P.M. at Town Hall, in the Conference Room at the west end of the building. I look forward to resolving this situation. cc: Sincerely, Bennett Orlowski, Jr. Chairman Harvey Arnoff, Town Attorney Matthew Kiernan, Assistant Town Attorney Victor Lessard, Principal Building Inspector RICHARD A. EHLERS ALIX THORNTON EHLERS LAW OFFICES EHLERS & EHLERS 456 GRIFFING AVENUE P.O. BOX 387 RIVERHEAD, NY 11901 (516) 369-1155 KAREN HEPPNER, SECRETARY October 15, 1991 Planning Board Town of $outhold P. O. Box 1179 Southold, NY 11971 Re: Blue Water Cafe, Lawrence Suter SCTM: 1000-122-3-7 Gentlemen: Please be advised that this firm represents Lawrence Suter. He has referred the letter of Bennett Orlowski, Jr., dated September 12, 1991, to me for response. I would like to meet with you at a convenient time to discuss this matter. Please have your clerk call to arrange a meeting. Thank you for your cooperation in this matter. CC: Lawrence Suter Harvey Arnoff, Town Attorney Matthew Kiernan, Asst. Town Attorney Victor Lessard Vincent Wieczorek Curt Horton Sincerely, RICHARD A. EHLERS 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 Certified Mail: September 12, 1991 Lawrence Suter 22B Peconic Bay Boulevard Mattituck, New York 11952 Re: Blue Water Cafe S/s SR 25, Mattituck SCTM # 1000-122-3-7 Dear Mr. Suter: This is with regard to an outstanding violation since 1988 regarding a change of use from a retail fish store to a restaurant. The site plan approval in our files is for a retail fish store, not a restaurant. It is suggested that you apply for an amended site plan approval so as to bring your site into compliance with the Town's Zoning Code. An application is enclosed for your convenience. If a response is not received within a month of the date of this letter, this matter will be turned over to the Town Attorney's office and the Ordinance Inspector for enforcement. If there are any questions about the site plan application procedure, please contact this office for assistance. cc: Very truly yours, Chairman Harvey Arnoff, Town Attorney Matthew Kiernan, Assistant Town Attorney Victor Lessard, Principal Building Inspector Vincent Wieczorek, Ordinance Inspector Curt Horton, Building Inspector TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ORDER TO REMEDY VIOLATION Date ...A...U.q.O...S.?....,3..0.., ........... : ................... , 19..8...8... HR. LAWRENCE SUTER (owner or authorized agent of owner) 22B Peconlc Bay Blvd. ~ & ~-T.I :~.U ~K ,..i't., .Y. ,....J..l 2..~ 2 .......................... !dress of owner or authorized agent of owner) PLEASE TAKE NOTICE there exists o violation of: Zoning Ordinance · CHAP. 100 Other Applicable Laws, Ordinances'or Regulations ............................................ at premises hereinofter described in that (1) Tents and awning were erected for dinln (state character of violation) without a Building Permit or necessary change of use approval. (2) Oper- ating a business (restaurant) without a Certificate of Occupancy. in violation of .6,KT....x..I.~L...,¢.JJA.~...J,~O:..I.3.(~, AR.T X.I.V..C..H. AP 00- 4 & 00- 44 (State section or paragraph of appl'icable law, ordinance or regulation) YOU ARE THEREFORE DIRECTED AND ORDERED to Comply with the Iow and to remedy the conditions above mentioned IMMEDIATELY The premises to which this ORDER TO REMEDY VIOLATION refers ore situated at 11400 MAIN ROAD, MATTITUCK ..... : .......................................................................... County of Suffolk, New York. $1IFFOLK COUNTy T~ M~ # 1000-122-03-07 Failure to remedy the conditions aforesaid and to comply with the applicable provisions of Iow may constitute an offense punishable by fine or imprisonment or both. Building Inspect~'"~ .................. VINCENT R. WIECZOREK VICTOR LESSARD EXECUTIVE ADMINISTRATOR (516) 765-1802 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD Mr. Lawrence Suter 22B Peconic Bay Blvd. Mattituck, NY I1952 Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 September 12, 1988 SUFFOLK CO. TAX # 1000-122-03-07 Re: NOTICE OF VIOLATION Dear Mr. Surer: You recently received a Notice of Violation. To date you have not responded to that notice. If you do not remedy this situation immediately, you will have to appear in Court to answer criminal charges for violat- ing the Southold Town Code. Please contact the Building Department of the Town of Southold at 765-~802 upon receipt of this letter. Very truly yours, Vincent R. Wieczorek Building Inspector VRW: smw LASER FICHE FORM Planning Board Site Plans and Amended Site Plans SPFile Type: Approved Project Type: Site Plans Status: Final Approval SCTM #: 1000 - 122.-3-7 Project Name: Blue Water Seafood Caf6 1981-1997 Address: NYS Route 25, Mattituck Hamlet: Mattituck Applicant Name: Owner Name: Lawrence Suter Zone 1' Approval Date: 6/1/1981 SCANNED JUN 2 5 2007 Records Management OPTIONAL ADDITIONAL INFORMATION End SP Date: Zone 2: Location: SC Filin,q Date: C and R's: Home Assoc: R and M Agreement: A date indicates that we have received the related information Zone 3: SCAN Date: