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Home My WebLink About5211 eas± Enc�r5 , Pnc _ /aa 11 O Pa/Lac- 72-te_ 1444# 39 $S;it — Grp 05-k3 - acezef, Ce P //0 3 _ ° ta-rt c�¢� ✓ otcam. it . ' labo-snc(o n€ ELIZABETH A.NEVILLE ire G'y ; Town Hall, 53095 Main Road TOWN CLERK ti 2 P.O. Box 1179 REGISTRAR OF VITAL STATISTICS ,i Southold,New York 11971 MARRIAGE OFFICER ifi ` ,000 Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER � ®� e� S Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER -„ ��I southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: August 27, 2002 RE: Zoning Appeal No. 5211 Transmitted herewith is Zoning Appeals No. 5211 —East Enders Inc-Zoning Board of Appeals application for variance. Also included is notice of disapproval, copy of deed, applicant transactional disclosure, short environmental assessment form,project description, letter from Pat Moore, application for building permit, copy of survey, letter from Victor Lessard, copy of Building permit, and copies of Certificate of Occupancies _ FORM NO. 3' ~-_- TOWN OF SOUTHOLD a; -gr BUILQING DEPARTMENT !1\'‘ `AUG l`ig )2 SOUTHOLD,N.Y. `( NOTICE OF DISAPPROVAL DATE: August 16, 2002 TO Patricia Moore A/C Lisa Ciferelli 51020 Main Road Southold,NY 11971 Please take notice that your application dated February 12, 2002 For permit to make additions and alterations to a commercial building/single family dwelling at Location of property: 11160 Main Road,Mattituck, County Tax Map No. 1000 - Section 122 Block 3 Lot 9 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations to a non-conforming use, on a property measuring 10,890 square feet in the B District, is not permitted pursuant to Article X, Section 100-101. A window cleaning business/single family dwelling is not permitted in the B District. In addition, the proposed addition/alteration,is not permitted pursuant to Article XXIV, 100-243.A., which states, "A non-conforming building with a non-conforming use shall not be enlarged, reconstructed or structurally altered or moved, except as set forth below, unless the use of such buildings is changed to a conforming use." Total lot coverage, following the proposed construction is eight (8)percent. —4/pp . 411Fill Auth•, zed Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. Cc: ZBA, File � r TOWN OF SOUTHOL f ,_ 'ri �``_11 WI 1 ': ,: , BUILDING , \, MIT APPLICATION CHECKLIST BUILDING DEPARTM ly ` ; ;` j I. Do you have or need the following,before applying? TOWN HALL Ju i ;`U• 2 2002 s, `')I Board of Health SOUTHOLD,NY 11971 ` 3 sets of Building Plans TEL: (631) 765-1802 �" -"""-"'fILDG isErT�"�"'--1 Planning Board approval FAX: (631) 765-9502 '""," `"''_:.T L�D Survey www.northfork.net/Southold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined ,20 Contact: Approved ,20 Mail to: Disapproved a/c Phone: Expiration ,20 Building Inspector APPLICATION FOR BUILDING PERMIT Date , 20 INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets 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 or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall 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 what so ever until the Building Inspector issues a Certificate of Occupancy. f.Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing,the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances,building code, h sing co e, d regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name,if a corporation) •6/O ZO /fl m /7,, C,)d-tG ,28 6/ (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder Name of owner of premises c AAt a / , a Z- (cr rY y Lt sc ( F - - e ) (As on the tax roll or latest/deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which pr osed work will be done: 0/60 /1/(a in i' oadi /v1c- House Number Street Hamlet County Tax Map NO. 1000 Section /..Z2 Block 03 Lot C.) Subdivision Filed Map No. Lot (Name) • 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy b. Intended use and occupancy .3(iS int,S s 0 5-€s --tqa-e--f-eM//c-cl 3. Nature of work(check which applicable): New Building Addition Alteration )‹, Repair Removal Demolition Other Work ecfroi,z4, (Description) 4. Estimated Cost Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories ' 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories 9. Size of lot: Front Rear Depth 10. Date of Purchase 7/az Name of Former Owner c.D4..4,t;7/ C3- ict,re%I 11. Zone or use district in which premises are situated 4,5,..., „6 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded? YES NO Will excess fill be removed from premises? YES NO 14. Names of Owner of premises Address - Phone No. Name of Architect Address Phone No . , • Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO ° * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS. COUNTY OF75d-A,j Peau 4C 7O being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract) above named, (S)He is the Al • / (Co f actor,Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perfoLiu or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be perfolnied in the manner set forth in the application filed therewith. /, Sworn to before me this O'-- day of • 20 0 ,.� ' f. - �`i _. __.- .1.o/ Pu.lic Signature of Applicant JOYCE M.WILKINS Notary Public,'State of New York No.4952246,Suffolk County Term Expires June 12, 003 , 1 �e�� f /l2-GMK ,V2-0/622- /D:/D 0 j AS-tad ch? -&.- APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS p/yte �/f,� For Office Use Only Fee:$ Vb D Filed By: 71'4460r'2, Date Assigned/Assignment No. 5 &// VO Office Notes(t.t �i��a GO 92nr&ca_.d-ti, -- L/ido/ Parcel Location: House No.///60 Street MO l/) Road Hamlet Met fvC/t..- SCTM 1000 Section/22 Block, Lot(s) Lot Size/OO'8410 Zone District 8• I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: Applicant/Owner(s): L C2 S i E-r7C/c?/'1'" tl C- Mailing Address: /00 / //77 &7T Q-C / Al V /00/3 Telephone: C�0 f 4i /I7c 0i2- 766--- 4/336 NOTE: If applicant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative: p47-70/0/4 C /7)0012- - &-5Q Address: 6/02-0 /714-/s✓ fok/D cSOVTt%ULD AA/ //971 Telephone: 63/ - 763- 93 30 te : MS1- t-/ 3 Please specify who you wish correspondence to be mailed to,from the above listed names: �,� ` ❑ Applicant/Owner(s) ,$Authorized Representative ❑ Other: fid^ WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED , J.�j�1 �� -��`!OZ,O`� FOR: OP/ 6//G/oZ, Building Permit +al CICertificate of Occupancy ❑Pre-Certificate of Occupancy 71)) ❑ Change of Use ❑Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article,Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article )<'X V Section 100-2µ.3 Subsection A Type of Appeal. An Appeal is made for: A Variance to the Zoning Code or Zoning Map. ❑ A Variance due to lack of access required by New York Town Law-Section 280-A. ❑Interpretation of the Town Code,Article Section ❑ Reversal or Other A prior appeal's has❑ has not been made with respect to this property UNDER Appeal No. Year 2.002 . ( un, k�tt�ai,�a[ by � �'► bei A awk t-t r l\etLtlin y - Appeal Application, Continued Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood . or a detriment to nearby_propertieswig .' /98r /h -- iuL� Y-0 e rep ftz eci -i' Weed ft' sf✓uu"rrre •7r� ek-reulei �f /Leeg�pli rhoocf._ za/imess ane fa-rGe./• aajo c-o-�JWns .P-irrsfvty res het bvsiewdr &W3�e!, e, uv2 rS rn/eac ' fria rercuned, IVeSrct�h�c /0�vrctas a-lntic?6le rrn /'rrr r�5-1a n (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: - /z2Qc�ed 7cd /� / 7`rcu�� /90 5, 'ces card use a ' 1'�lisf y - /lbt/I✓?1ve/71e1? � refs riceo-n-1 -P' pry ..44/-6,/, rS G iovee_sci �r J /-2(77 con fo�.�riq �✓h'7r� 1 --onio �l3ai✓z/' a Vi (3) The amount of relief requested is not substantial because: 7 _ sy�ace. C4/,5}�jq Uses eancL �jc�� {ee t �r`e/72c7riic Ye-e (Sa/k-e L J,e c //occutt 7 f/ 6.0 /(4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: 15U6/ Z e/f,kj2. cc,' cf 1.;/n-e4-1-svnVvCricfe, Sul)" p may. N42C�ra�.zye �p of f�1�u�sced'esi'e,wrvor� s,c.fz.e' cenc1r/to.s- (5) Has th vat�iance been self-created? ( ) Yes, or X) No. If not, is the construction existing, as built? / ( ) Yes, or (X)No. 7ce.z e_ /5 6a...,7-77 ✓'e�J/accol — 06-aid de/neir.. 4c -11- is 11111 • t(6) Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (Please attach separate sheet.) • LC-f,a/reei t•s vnf y 60//t5- wrcft - yc -ds (eu-s ) a-l'e rna,4fzpi ed O 't°-e2c/sfc//k( iTcnro?F5n-� /.2q f-1 1c - /tea.&_ G`e/)/(er rngnt G1i/l ed-n/vru e mix/s/ y -c-efhctct c( 6,1/ ` This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions 8, 9, and 10 below if USE VARIANCE STANDARDS apply. (Please consult your attorney.) Otherwise,please proceed to the signature and notary area below. Part B: REASONS FOR USE VARIANCE (if requested): For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project is Located (please consult your attorney before completing): (7) The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). (8) The HARDSHIP relates to the property and does not apply to a substantial portion of the district or neighborhood because: (describe on a separate sheet). (9) The relief requested will not alter the essential CHARACTER of the neighborhood because: (describe on a separate sheet). The spirit of the zoning ordinance will be observed. The public safety and welfare will be secured and substanti• jus 'ce wine. Signature of Appall,nt or Authorized Age Sworn-to-i • e me this (Agent must submit Authorization from I • rer) ,f y o . .y' ,2002, PATRICIA C.MOORE /9 I arteuieRa /_ Notary Public,State of New York Illinntary Public) Suffolk County-No.4861668 ZBA App 08/02 Commission Expires June 16, \J 1 PROJECT DESCRIPTION (Please include with Z.B.A.Application) "'pp • Applicant(s): q ,, a c , _ i'1C i �i / Q, 1 i OCC ` aachdj I. If building is existing and alterations/additions/renovations are proposed: A. Please give the dimensions and overall square footage of extensions beyond existing building: Dimensions/size: Oa,0 $ moi C Z_O g /g) %2GLe:_t'.l t.— Square footage: 360 s7 �— riQ`c-s B. Please give the dimensions and square footage of new proposed foundation areas which do not l' it extend beyond the existing building: /� row Dimensions/size: 3 6, O s7.----3--- ( �0 X /s') —z- cera,w,ae 7 H ��, � ,/,, Square footage: ,3 6,p s f / ..'lam". ,t1 ' / II: If land is vacant: Affri yo; i ; : Y_ Please give dimensions and overall square footage of new construction: " ) Dimension/size: \ Square footage: Height: III. Purpose and use of new construction requested in this application: / C_ftyl/7ii'- e 6(/5//°eSs ,,,5(.447/0/- 'Iq — U'G7aZ a,ric/ i/,)c La- P-1-5/e4/1 fra-r V Fie-Ici5h2;73 (. .i,-,/,-;7 I'7c/ ,pa a/ G & c/) IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): - i gzre .9 0co�i-a7ii7 j i s/r� W�0 /7rr�i ire yr`c h 4 s(( . A) ,li- // Aye t? j 7fUreo A- i V. Please submit seven(7)photos/sets after staking corners of the proposed new construction. /?491P 0 A 7/02 Please note:Further changes, after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed, please contact our office, or please check with Building Department (765-1802) or Appeals Department (765-1809) if you are not sure. Thank you. ,„ .„ ZONING BOARD OF APPEALS - Town Hall Office 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Email: .Linda.KowalskiATown.Southold.ny.us or Paula.QuintieriTown.Southold.ny.us http://southoldtown.northfork.net (631) 765-1809 fax (631) 765-1823 (alt. 9064) TRANSMITTAL To: Je '!tLydia eorge, Ruth, and Vincent DATE: 7, - -5,200i REF: Hearing Date: 2_/ / Appl. of Octal- 2----77‘11--(-0 ( x ) Info attached for your information and review. ',�� ,je •E • (2497 mar Thank you. , Pages attached: . 7/fp3 e4f/ G4 �� 71x13 Re'stauiant & Apt. PEIX & MARCHETTI SK- 1 ARCHITECTS LLP Mattituck 1 9 WEST 21"ST N2401 NY NY 10010 30 MAY 03 Suffolk County, NY TEL,212 675 -1555 FAX 212 675-2255 P WOBSIGOIDRAWINGS529MAY03SdePlan dwg PARKING CALCULATIONS: TYPE OF USE REQ'D.NO.OF SPACES k SP1 ACCESSORY APT. 1 PER APT.IN ADDITION .1UN 2003 �. tie OVER STORE TO BUSINESS REQ'S. `-l' 7a RESTAURANT, 1 SPACE PER 100 SQ. 'o, EXCEPT DRIVE-IN FEET OF OF FLOOR Z9I' �g� P,C rin of Ap Q O �b� (SERVICE)SPACE TOTAL: 1 +(700/100)= 1 +7= 8 . (/'9' V cc: / r., /5 Oli (......S-# ....f'd*".''';"•14:GLAS4A44,,I\ '. ` C -%Q F t < t `• i ikt ,.�.� ,,, °.�� V L- -he State 6'.4 oa . /21-----,./.,,,,,,, 'o T A- N , , SIZE OF BUSINESS RELATED AREA 4� \,_ `4' / ��"" 1 rr NET AREA ON MAIN(ENTRY)LEVEL 3 \ y5 \ DELI-MAIN SPACE 680 SF X00 7 �y \4 7 0� •\ 0 DELI KITCHEN 195 S ?"Cr,-) / 4 ir. DELI BATHROOM 45 SF -7 �i �. 4\ SUPPLY STORAGE 30 SF • .0\ �' y ' a .` 33 TOTAL NET FLOOR AREA, MAIN LEVEL 950 SF �o-o / 5 % <0 �J, to Z `, NET AREA ON SECOND LEVEL / 6 1 1 "'t DEU -TORAGF= 600-SI'/o oD------/ 2ttk\ / X % ARI."'I-IVABLEARE/ 350SP/ \ 7 1� TOTAL NET FLOOR AREA,SECOND LEVEL 950 SF / 16 ,^ TOTAL NET AREA OF BUSINESS USE TOTAL NET FLOOR AREA,BOTH LEVELS I1T 'SF? \.. i,dr, TOTAL AREA OF BUILDING a„.�,i‘ BOTH LEVELS(MAIN&SECOND) 1900 SF / t,,,,,,,...• ,..,'• -1 .>, P-i SITE PLAN NORTH , 7 r • i SCALE: 1"=730'-0" CD -- 5 1 77V ►'ATRICIA C. MOORE 0 5 Attorney at Law -0 1 9 2003 51020 Main Road Southold,New York 11971 zoom , '�� Q� PPE�1� Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Secretary June 4, 2003 Lydia Tortora, Chairwoman Southold Town Zoning Board of Appeals 53095 Main Road Southold, NY 11971 , Bennett Orlowski, Jr. , Chairman � p M Southold Town Planning Board ly U 53095 Main Road Southold, NY 11971 JUN - 4 2003 Michael Verity Building Inspector Southold Town 53095 Main Road Planning Board Southold, NY 11971 (BY HAND) Re : East Enders Deli-Restaurant Dear Michael and Board members : Enclosed please find a revised plan for the parking configuration and location of the building. My client has agreed to call this use a "Deli-Restaurant" , a /A permitted use . I understand this use satisfies the Planning Board and the request for an interpretation from the Planning Board to the Zoning Board will not be pursued. I hereby request an amendment to the notice of disapproval to reflect the Deli-restaurant use . Furthermore the Town Code was amended on May 6 , 2003 by resolution 277 of the Town Board allowing apartment as an accessory use in a principal building. The notice of disapproval should reflect that the apartment is a permitted use . Area variances are still applicable . 1 1 The following changes were made to the site plan: 1 . The primary building in gross area is reduced to 1, 000 sq. ft . (the stairs are enclosed- the square footage of stairs 165 sq. ft . ) 2 . The building has been set back 11 feet from property line, to the Main Road is almost 19 ' ) 3 . 8 parking spaces (2 additional spaces can be land banked adjacent to John' s Road) ) 4 . John' s Road will be improved and widened to permit two way traffic 5 . We have proposed the traffic circulation into the property which prevents stacking up onto Main Road 6 . Parking meets code (16 ' isle width with angled parking) This plan incorporates the comments at the Zoning Board meeting and Planning Board recommendation. These changes are made in good faith and at great expense to my client . Their commitment to the beatification of the commercial corridor in Mattituck is evident from this modified plan. We thank you for your anticipated cooperation. Very trully yours, ,, _Pa:tricia C. Moore cc : East Enders ZONING BOARD OF API LS Town Hall Office 53095 Main Road- P.O. Box 1179 Southold, NY 11971-0959 Email: Linda.Kowalski(a,Town.Southold.ny,us or ,Paula.Quintieri(a�Town Southold nv us http://southoldtown.northfork.net (631) 765-1809 fax (631) 765-1823 (alt. 9064) TRANSMITTAL To: Jerry, Lydia, George, Ruth, and Vincent DATE: &/ a-3 /2003 REF: Hearing Date: 7/P4'/ 0 3 Appl. of ja/�L =teiSf_� (x ) Info attached for your information and review. • Thank you. Pages attached: 1 ` 1 . _ ii. )03 R Pe bt°4' iv`-idi° . , . ''';';.3 - 6".•:,ft. 4‘ ' s.t..' r . •- 4.1*.thk4 4.1. ' , .I,, ..fr.a Ari4 1 .-,-. ir:- 41 tk• il Of ?.?1"...-.."1 6. ..*4! AN a., . 'lib:: '. i 411P . .'• CirS . ' ' ' r ar.,...orre' .....II iltlit. , , p. .4. , it r atiqcsip, - , • ' .414 -• - --.19°. i 41;7' • -'N: i -: A ' -',AP i g'.."1*NI i 1 if.,..„....a,1 t. ? .../A"... '...', *... fil rt.': rsit* ....iallimi"•'••••••.W...„,„ -i' ' ' .... - - , - . tift. 00 • I, • • ''1't 0 e . DI D .. - ., .. ... „, .,., . .. I Li] - - V" • , _ -~. ^ ' 1.1011111111111 . - . ... . ~ . , . . , _' _ - . \ . iNi\)7 wiA\\ PATRICIA C. MOORE Attorney at Law ;11 R' 51020 Main Road `Ci Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski MelissaMcGowan Secretaries May 15, 2003 TO: Southold Town Zoning Board FROM: Patricia C. Moore Esq. Re : appeal 5211 for East Enders, Inc . 1000-122-3-9 In response to the Planning Board memorandum dated April 22,2003 : 1 . Since 1985 and continuing to this date the Building Department has identified the zoning of this parcel as Business (B-1) Attached herein is the pre-co dated May 7, 1985 issued by Building Inspector Victor Lessard (Exhibit A) This parcel has not been re-zoned and is developed as a Business zoned parcel . 2 . The building department is correct the Deli is not a restaurant and is a retail store which sells foods and beverages, it is a permitted use . Attached for your convenience is the definition of "Retail Store" which includes "take-out items , food and beverages" . (Exhibit B) A take out restaurant definition was legislated to address "Wendy' s" or "McDonalds" ; Formula Food is regulated in "Shopping Centers" 3 . We are aware of the need for Health Dept . and an application is pending. 4 . Access/Egress from , John' s Road is a deeded right-of- way which runs with this property. We will improve John' s Road to the extent necessary. We have the right as the user of the right-of-way, to make improvements and we have consent from the owner of the road Thomas Lanewski . 5 . Mr. Lanewki is one of the lot owners, has • c\ (04 Pta-Y C. applications for permits pending, and is pleased that East Enders will improve the road because, to his knowledge, none of the other homeowners who have use of the road have made any significant improvements . 6 . The access onto Rt . 25 is preexisting and the uses of the property have been both business & residential (refer to Pre-co dated 5/7/85) . 7 . We do not intend to have customers park on Rt . 25, we can post appropriate signs along Rt 25 and John' s Road. 8 . The proximity of the access on the subject property to the Hess Gas station could be alleviated on Hess' s site plan. The access to the property has been in existence since prior to zoning. 9 . Parking is calculated on Retail Sales- this is not a take-out restaurant . The isle width could be made to 22 ' if the space along John' s Road is reduced to move the parking closer to the property line adjacent to John' s Road (fencing could run along the property line to provide a screen for the neighbors) 100-191 (C) . . . "unless reduced for sixty-degree- angle parking, in which case the aisle space should not be less than sixteen (16) feet wide . " (Exhibit C) The traffic flow for the property will be one way- if the entrance is from John' s Road, with angle parking, with egress to Rt 25 the aisle width will be conforming. 10 . The entrance to the property is 13 . 10 ' is the existing location of building. Preexisting curb cut . The maximum driveway is provided, since it is only a one way access safety is not compromised by an access which is less than 15 feet . The access from John' s Road is 20 ' in width. 11 . Pedestrian access has been changed to enter from rear parking area. My client wishes to provide the safest possible entrance and by placing all the parking in the rear, pedestrian traffic is controlled. If the one-way is from John' s road, vehicles would see pedestrian traffic . 12 . The mixed commercial and residential use are preexisting. Great care has been taken to replace the square footage (like kind) . The residential use is moved to the second floor rather than the attached trailer home and to provide privacy from the commercial use on the first floor. 13 . We will submit non-jurisdiction determinations to Trustee and DEC upon completion of preliminary plan. 14 . Area Variances- SEQRA exempt . 15 . The apartment size is preexisting- if the Board wishes to grant permission to enlarge the apartment to 450 square feet my client will make the apartment conforming to the minimum size requirements in the code . 16 . Landscaping is planned with or without the Planning Board imposition. The proposed development will encourage community redevelopment along the South Side of Rt 25 in Mattituck. The properties and buildings are all preexisting and present a challenge for redevelopment . East Ender' s is interested in making a significant investment to this property and should be encouraged. This corridor has been the last to be revitalized due to the nature of the preexisting buildings and traffic pattern on Rt 25 . There is no reason why this area of Mattituck should not be as beautiful and revitalized as Love Lane. The Zoning Board' s help in revitalization of nonconforming buildings is respectfully requested. 3 / u4t 4w2 tm 111:15 6317659064 ZONINGAPPEALSBOARD - _ PAGE 01 �J �1d ' • MEMBERS tIFFO� owsss,.rpt. 1.1 t`�B �C► a �' �� P.O.Bax 1179 • ' .t1GIANp ; Town ball,63096 State Route 26 J.CFtEMER3 i Southold,New York 11971-0959 .._ - -/ - STH L.EDWARDB O. �� Telephone (631) 765-1938 iVZARTIN H. SIDo _'�I�1 ��;�, Fax(631) 765- jig 3136 / MEMORANDUM PLANNING BOARD OFFICE RECEIVED, WN OF SOUTHOLD APR 222003 Date: April 22, 2003 I, ZONgNa to To: Mrs. Tortora, Chairwoman of Zoning Board of Appeals ALs From: Bennett Orlowski, Jr. Chairman of Southold Town Planning nmg Board n0 . Re: Appeal#5211 for East Enders, Inc. 11160 Main Road Mattituck, N.Y. SCTM: 1000-122-3-9 In reference to the above, attached you will find a reply to your 27, 2003, requesting the Planning Board's (PB) comments. memo, dated March The PB held a work session on,April 9, 2003 with Pat Moore applicant. The PB discussed the project and has the following comments. Our review is based on a ' Esq" representing the datedcomments. 10/18/02, revisedev1s bas and received bye site planpre oard a ed by Youngrns and note that the applicant has not paid a fee— the pared by &Young, fre a. thus the PB does not have 3anla 3 Please application be1. There is some question as to what the site is zoned either" following comments are based on the BuildingDe dated 8/16/02, amended 12/6/02 and last amended B orwhich All the determined the zone as �.g.., If Department's disapproval, we will have add itional.concernsthe property zone is determ3nedto be "Ml", 2. The Building Department has determined this proposed ''i store. The PB considers the Deli use to be a ak -utestaur restaurant, retail food requires a special exception from the ZBA. interpretation of the Deli use. We request that the ZBA which 3. The proposed use will require Suffolk CountyZBA give an completion of the site plan process. Thea Health Department on 2/4/03 and assigned the reference number C10-03-0001, approval for application was submitted to SCHD application has not been reviewed. To date the 4. Access & egress to the parking in the rear is proposed on the west and a private right-of-way(ROW) p d via a narrow driveway claims legal access over the R_O_ ) on the east. The applicant determined whether this is sufficient and will need to co eT Was per attached deed. The PB has not wn Attorney. We will forward this to the Town Attorneyto consult with the legal determine the legal 29/2003 10:15 63176590E4 ZONINGAPPEALSBOARn . PAGE 02 71��L , . L-v� 6-061/7 . use of the private R O-W. The legal use on the private R-O-W is an issue c�i 27 because the proposed parking layout will result in patrons, delivery trucks and- sanitation trucks of the deli exiting onto a private R-O-W. The R-O-W will need to be improved to handle extra traffic 5. The R O-W acts as the sole access for the seven (7) residential homes and .r" four (4)vacant lots. � s�� 6. The proposed site plan shows access within +/-34'feet of the private R-O-W however the Town Code requires a minimum of 50' between access points. LA4 slz'� 7. The proposed nonconforming building front yard setbacks will preclude (�z� , patrons from parking in front of the building and eliminate any use of patron V,�� parking on the property along the R-O-W. The private R-O-W must not be V *car i it ,j4�% obstructed with patron vehicle parking. The R-O-W will need to L, I, accommodate two-way traffic for the residences. 0,A -o. 8. The driveway and private R-O-W appear to have limited sight distance onto �`a h� Route 25. The curb cut on Route 25 is proposed +/-5' apart from the adjoining Hess Station property curb cut. The Hess Station is petitioning the Town Board for a zone change to permit an expansion of the gas station use to include a convenience store. The traffic on Route 25 is heavyat this time, l `�''it and will be intensified with this proposed use (and possibly evemore ,,\X� �,, t dangerous). , .!\ V;1��i I,+,,�t,�tit� 9. The site plan proposes parking for 8 spaces the Town Code requires a " _ minimum of 8 spaces for shop or store and more spaces for a take-out w I" v,r ,,; liar restaurant. The site plan proposes aisle space of+/- 20'. The Town Code 1 ('.:3„I sy F "- requires a 22' minimum aisle per 100-191 ( c). The PB is not inclined to t,) � S I G waive the aisle width. 10.The site plan proposes an entrance of+/- 13.10' in width. The Town Code \( l7* Z' °r requires a minimum of 15' per4100=19M(b). , 0.) t2-to-k 3Sr' 11. Pedestrian access to the rear of the deli building is not clear from the proposed site plan and may present a safety issue, 12,The proposed deli and apartment represent an intensified use of the existing site. 13.Proposed site improvements are located within Trustee's and NYS DEC ke° jurisdiction. No applications have been filed with these agencies at this time. ?9 14.This proposed layout contains less the 4000 square feet of floor area thus is ,rul exempt from SEQRq \ 15.The accessory aplamenuis proposed at 407 square feet and is less the `'/.4.9'_ required minimum 450 squbre feet. � E.it VP 16.The PB will require-Fandsdaping in the fronts of the building. e�''�� -' - Please keep us up to date on the project. Please note the PB is currently reviewing a preliminary site plan for this project. The PB will require additional information before proceeding with the application. Thanking you in advance. Cc: file, vi, vs, pb, ZBA, MV (BD), GY(Town Attorney) Enc.: copy of ZBA request for comments, copy of deed. N O CI. r FIX L4NDnc I I •.... rF. 2/221,, " I S 7'11,� ABOVE �� STAIR EXTERUP 70 6�s_7S, 4'l f•I N • r�IORL SECOND:EVEL — — •r�Y • ' •4 Y i f +� r I ' '12 G?_.=2 1 In NEW AREA '� 5I' ' I 1.0 WAVSTAIR TO 1 (�f BASEMENT IIUP+pPccaimxel?' •—••� SJ'. p �� NRFI.OW' I13'0"s lu Ccor • _ E I I •-p RryL�•: N i -LI CHEN 12_� 2.2.45 sq. . SERVING COULTER I) 'III. DELI - MAIN SPACE REFRIGERATORS 751.56 sq.ft. -- 4-1 oll N _ ARRNAL s F3ATH r CASHIER \ 45.74sqirjr U - ro a " SIZE of BUSINESS RELATED AREA ` RA.+V JP •'LP AREAS ON MAIN(ENTRY)LEVEL _ X DELI-MAN SPACE 71156sq.1. .r DELI k17CHrN 25=::5 sq Y al DELI BATHROOM 45.74 yq.i• CL FLOOR TOTAL OR AREA,MAN LEVEL 1.019.75 sy 0. Q AREAALLOSECONDLEVPL PROPOSED PLAN: MAIN LEVEL N DELI 570R3LI & J8 . 116"=1'-0" `�. TOTAL F1 DOR ARttad LEVEL 642.IS sa.B. 29 April 2003 CSL ~ tSIMODIFIED TO ADDRESS �� TOTAL AREA of BU \ESS USE ENTRY BSAFETY OF EN 707AL FLOOR AREA_ 07H I FVELS 1,691 OS sc B. (k... -1• As.led 6.dimmsn"nl cc PI=B cPP afSmad Ler 1) • ' AP7 I IrARLE AREA 907.511 s ft TOTAL AREA of BUILDING 13001 LEVELS IMWN 8 SECOND) 2.099.11 ssn rl 720®2 12:22 FR CHAICAG ITLE 516 746 7074 TO 1 ' 8952900 P.20/32 TOWN F SOUT1IOL] OFl XCE 4F H, ILDING IN3i'ECTOrt TOWN BALL SCUTT-101OP, NEW YOP.K c ERTIFICA' tE OF OCCUPANCY 'NONCONPMING PREMISES ' II THIS IS TO CERTIFY that the i. 1't x/ Land Pre C.O. #- Z13416 / / Building(s) pa.ta- May 7 , 1985 6-c`:1 Us e(s) II located at _ 9 1 160 MAT,N ROAD•-K tpN ART GAi.LERY MATTITDCK Street Hamlet , shown on County tax mai* am Dietrie{ 1000. Section 322 , Block -ra---.__, I, Lot 9 . does(not)conform tole present Buildipg Zone Code of the Town oC Southold for the .rOliowing ringOne: ' Iiii�. Inhotticient total area. -Noo--stnfor:aing business. f K 1; On the baste of information preq:ented to the Building Inspector's Office, • ,c it has been determined that the abovJ nonconforming I tLand I"/Building(s) /x)(tJse(s) existed on tit- a:effective daltc the present Building Zone Code of the p Town of Southold. and may be contintied pursuant to and subject to the appli- cable provisions of said Code. , - r. • IT IS PURTHE1. CERTIFIED th k. based upon'information presented to - the Building Inspector's-Office. the 4x cupauoy and use for which this Certifi- cate is issued is as follo'vee . Pr ni*ty contains ono story dwelling•with . trailer addibion; deeagned. ror oth business & residential. Property - + - - . . . e Main - d• a stats malrltained hi..bway. Property zoned 6-1 The Certlfidate is issued to ALPb$D J. KRON &' MARIA KRON - ;(owner. �[4t� �[ pC]sk3$lEltdC - of the aforesaid building. - Suffolk County Department of Health .bpproval • N/A r- [3hDER1NRITERS CERTIFICATE xvQ•`; -N/A NOTICE IS HEREBY,GIVEN thatlThe owner of the above premises HAS NOT CONSNT$D TO AN INSPECTI ,N of the premises by the Building Inspec- tor to determine if the premises co ly with all applicable codes and ordin- ances, other than the Building Zona •ode. and therefore, no such inspection has been conducted, This Certificat . therefore, does not. and is not intended to mortify that the premises comply v ith all other applicable codes and regula- - tions. }' il )r— ( !:..1704.A cif-- 1 Building Spector Nflu e - '� ># Si V — --•• xYd zr: 11 zn1R r/91' § 100-13 ZONING § 100-13 RETAIL STORE— An enclosed structure where goods are offered for sale to the public as take-out items,' including hardware, drugs, food and beverages, furnishings, apparel and similar products. Minor repair services within the establishment may be undertaken as part of product sales. RETAINING WALL— A structure or barrier, the intended use for which is to separate and act as a barrier between two areas of earthen material. [Added 7-13-1993 by L.L.No. 14-1993] RIGHT-OF-WAY LINES— The boundary lines of land used or intended for use as streets, as shown on deeds, plats or the Master Plan, and from which yard and other requirements shall be measured. ROADSIDE FARM STAND or AGRICULTURAL STAND— A booth, stall or display area exceeding 50 square feet in area located on a farm from which agricultural products are sold to the general public. SEPTIC TANK— A watertight receptacle that receives the discharge of sewage from a building, sewer or part thereof and is designed and constructed so as to permit settling of solids, digestion of the organic matter and discharge of the liquid portion into a disposal area. SETBACK—An area extending the full width of the lot, described or a distance between the street right-of-way and building for the full required front yard depth within which no buildings or parts of buildings may be erected. SHOPPING CENTER— A group of retail and service businesses which have an integrated architectural and site design and which have an anchor tenant consisting of either a supermarket or a department store if the anchor tenant encompasses a minimum of 25,000 square feet of area. [Added 5-16-1994 by L.L.No.9-1994] SIGN— Any structure or part thereof, or any device attached to a building or painted or represented thereon, which shall display or include any letter, word, model, 10030.1 12_25_98 MEXBt2' B • - § 100-191 SOUTHOLD CODE § 100-191 Required Number of Type of Use Parking Spaces Wholesale business, including 1 per 1,000 square feet of gross lumber and other building prod- floor area ucts Wholesale/retail beverage distri- 1 space per 150 square feet of bution gross floor area Wholesale/retail nursery and/or 1 space for each 200 square feet sale of plants of gross floor area for retail use or 1 space for each employee, plus 3 spaces for wholesale use, with minimum of 4 spaces Yacht club Same as "marina" B. Areas computed as parking spaces. Areas which may be computed as open or enclosed off-street parking spaces include any private garage, carport or other area available for parking, other than a street or a driveway. However, a driveway within a required front yard for a one-family or two- family residence may count as one (1) parking space. C. Size of spaces. Three hundred fifty (350) square feet shall be considered one (1) space (to provide room for standing area and aisles for maneuvering). Aisles between rows of parking spaces shall be not less than twenty-two(22) feet'wide, unless,;; reduced for sixty-degree-angle parking,in which case the aisle,9 space should be not less than sixteen(16)feet wide':Entrance and exit lanes shall not be computed as parking space except for driveways for one-family and two-family residences. The minimum parking stall width shall be nine (9) feet, and the minimum length shall be nineteen (19) feet. D. Access. Unobstructed access to and from a street shall be provided. Such access shall consist of at least one (1) fifteen- foot lane for parking areas with more than four (4) spaces but less than twenty(20)spaces, and at least two (2) ten-foot lanes for parking areas with twenty (20) spaces or more. No entrance or exit for any off-street parking area shall be located within fifty (50) feet of any street intersection nor exceed a grade of six percent(6%) within twenty-five (25) feet 10110 2-25-89 < :11:!,3 11'1 a; APPEALS BOARD MEMBERS I. \",$UFFU��-c '' ��• S" OGy Southold Town Hall f \ dia A. Tortora, Chairwoman �' a 53095 Main Road Gerard P. Goehringer ti Z P.O. Box 1179 George Horning O 47:4; Southold,New York 11971-0959 �\ Ruth D. Oliva s" #4 ��0��,, ZBA Fax(631)765-9064 Vincent Orlando _ �,,s" Telephone (631)765-1809 http://southoldtown.northfork.net I BOARD OF APPEALS /°111)\/ TOWN OF SOUTHOLD .XINTER-DEPARTMENTAL TOWN MEMO \� TO: Mr. Bennett Orlowski, Jr., Chairman, Planning Board FROM: Lydia A. Tortora, Chairwoman, Zoning Board of Appeals DATE: June 13, 2003 SUBJECT: Site Plan Requirements (East Enders/Business Building at 122-3-9 As per the attached June 4, 2003 letter forwarded to Town Offices of Building, Planning and Zoning by Patricia C. Moore, Esq., would you please forward recommendations and comments on the proposed amended plan. Thank you. . O M► PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Secretary June 4, 2003 Asa Lydia Tortora, Chairwoman 0 ^% ;��. Southold Town Zoning Board of Appeals 7,p,/ , 53095 Main Road Southold, NY 11971 z®iify 7�2 2003 sAfo ©X63 � Bennett Orlowski, Jr. , Chairman 0 #45- Southold Town Planning Board 53095 Main Road Southold, NY 11971 Michael Verity Building Inspector 53095 Main Road Southold, NY 11971 (BY HAND) Re : East Enders Deli-Restaurant Dear Michael and Board members : Enclosed please find a revised plan for the parking configuration and location of the building. My client has agreed to call this use a "Deli-Restaurant" , a permitted use. I understand this use satisfies the Planning Board and the request for an interpretation from the Planning Board to the Zoning Board will not be pursued. I hereby request an amendment to the notice of disapproval to reflect the Deli-restaurant use . Furthermore the Town Code was amended on May 6, 2003 by resolution 277 of the Town Board allowing apartment as an accessory use in a principal building. The notice of disapproval should reflect that the apartment is a permitted use . Area variances are still applicable . 4110The following changes were made to the site plan: 1 . The primary building in gross area is reduced to 1, 000 sq. ft. (the stairs are enclosed- the square footage of stairs 165 sq. ft . ) 2 . The building has been set back 11 feet from property line, to the Main Road is almost 19 ' ) 3 . 8 parking spaces (2 additional spaces can be land banked adjacent to John' s Road) ) 4 . John' s Road will be improved and widened to permit two way traffic 5 . We have proposed the traffic circulation into the property which prevents stacking up onto Main Road 6 . Parking meets code (16 ' isle width with angled parking) This plan incorporates the comments at the Zoning Board meeting and Planning Board recommendation. These changes are made in good faith and at great expense to my client . Their commitment to the beatification of the commercial corridor in Mattituck is evident from this modified plan. We thank you for your anticipated cooperation. Very truly yours, Patricia C. Moore cc : East Enders , —4110 f PEIX & MARCHET:TI 5K- 1 Restaurant & Apt. ARCHITECTS LLP Mattituck 19 WEST 21'*ST N2.401 NY NY 10010 30 MAY 03 Suffolk County, NY TEL 212 675 -1555 FAX 212 675-2255 P:IJOBSIGOIDRAWINGS129MAY03SitePlan dwg PARKING CALCULATIONS: 1 TYPE OF USE REQ'D.NO.OF SPACES G0P1 ACCESSORY APT. 1 PER APT.IN ADDITION �L OVER STORE TO BUSINESS REQ'S. Q''\��. ,� RESTAURANT, 1 SPACE PER 100 SQ. O 77,\\ 7�_ EXCEPT DRIVE-IN FEET OF OF FLOOR � (SERVICE)SPACE le% )2. TOTAL: 1 +(700/100)=1 +7= 8 , . . . c ` lig,•.I) �6 t'.• �1. � -°oi a�' ®v� Asp.0 1`' -o Z t i \ • \ . ' < Q 4 do .. Q . /2 �y,o" :C �'A SIZE OF BUSINESS RELATED AREA '� 4 / " \tA. �` r 3 9�. NET AREA ON MAIN(ENTRY)LEVEL y \ DELI-MAIN SPACE 680 SF „ o� \ rn DELI KITCHEN 195 SF 3-0�)(J( / 4 7- - �3' `' DELI BATHROOM 45 SF in' SUPPLY STORAGE 30 SF -a\ �YPo 5 _ q-o TOTAL NET FLOOR AREA,MAIN LEVEL 950 SF \/ ° • s 2 NET AREA ON SECOND LEVEL / 6 DELI STORAGE 600 SF '\ / 1 , APT.LIVABLE AREA 350 SF 7 *t / TOTAL NET FLOOR AREA,SECOND LEVEL 950 SF / $ TOTAL NET AREA OF BUSINESS USE aj i TOTAL NET FLOOR AREA, BOTH LEVELS 1550 SF ` /, /r1 ` . TOTAL AREA OF BUILDING +-r� -. `"--7/- BOTH `_,.%- BOTH LEVELS(MAIN&SECOND) 1900 SF < / `l_....,,.-” •1 i, P-1 SITE PLAN NORTH \ .6'U _ SCALE: 1"=30'-0" r • • I ,—PLANNING BOARD MEMBERS FFOL,1ENNETT ORLOWSKi,JR. CP.O. Box 1179 BChairman t Gy� Town Hall, 53095 State Route 25 - Southold, New York 11971-0959 RICHARD CAGGIANO ` ; Telephone (631) 765-1938 WILLIAM J.CREMERS O 1� Fax(631) 765-3136 KENNETH L.EDWARDS ` 4' Q. '11 MARTIN H.SIDOR i of * g,49, PLANNING BOARD OFFICE RECEIVE TOWN OF SOUTHOLD APR MEMORANDUM 4 2003 Date: April 22, 2003 ZONING BOARD OP APPEgLs To: Greg Yakaboski, Town Attorney From: Bennett Orlowski, Jr. Chairman of Southold Town Planning Board Re: East Enders, Inc. 11160 Main Road Mattituck, N.Y. SCTM: 1000-122-3-9 Dear Greg, Please review the attached information. The Planning Board will need to know if this lot has legal right to utilize the private R-O-W for the proposed Deli/apartment use. Thank You Cc: file, ZBA, GY(Town Attorney) Enc.: ZBA memo, deed - O 773 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski MelissaMcGowan Secretaries April 11, 2003 Southold Town Planning Board Southold Town Hall 53095 Main Road Southold, NY 11971 Re : East Enders, Inc . Site Plan Dear Chairman and Board: Enclosed please find a copy of my client' s title report which states that the property is conveyed together with a right-of-way. I have included a copy of the deed from a predecessor in title which clearly describes the use of the adjacent 25 ' right-of-way. I will discuss your other concerns with the owner and advise the Board accordingly. Ve .y' ruly yours, Patricia C. Moore cc : Zoning Board of Appeals w/encl . �n E UVJ APR 1 1 2003 Southold Town Planning Board • , 17 2002 12:20 FR CIPAGO TITLE 516 746 713740 12128952900 P.08/32 CHICAGO TITLE INSURANCE COMPANY SCHEDULE S-1 Title N4.: 3802-00683 The policy will not insure against toss or damage(and the Company will not pay Costs,attorneys'fees or expenses)which arise by reason of the following exceptions unless they are disposed of to our satisfaction: A Taxes,tax liens,tax Sales,water rates,sewer and assessments set forth in schedule herein. NOTE if the subject transaction Is one involving a sale subject to the mortgages)returned in this exception,end since marry S lenders now have the mortgage Instrument,state that the debt will become due and payable at the option of the mortgagee upon any transfer of title.h is recommended that the applicant examine the mongage document(s)as well as the note(e)and bond(s)end any agreement modifying said mortgage(e)or make Inquiry of the mortgagee of the current terms of such instrument(s)especisliy with respect to acceleration of the maturity data In case of a sere,Upon request,wo will obtain and jurrtch a copy of the recorded Mortgage(s)for cost. C My state of facts which an accurate survey might show_ or Survey exceptions set forth herein. D Rights of tenants or persons In possession. 1. MORTGAGE(S) ( NONE) AND ASSIGNMENTS) THEREOF AS DESCRIBED IN THE SCHEDULE ANNEXED. 2. SEARCH8S, INCLUDING BANKRUPTCY, HAVE BEEN RUN AGAINST THE NAME 111E0 MAIN ROAD, INC. AND RETURNS, IF ANY, APPEAR HEREIN. NOTHING FOUND ,(BANKRUPTCY HEREIN) 3. IN ADVANCE OF SCHEDULING THE CLOSING, THE COMPANY MUST BE ADVISED AS TO THE IDENTITY OF THE PROPOSED INSURED AND OTHER INTERIM GRANTEE(S) , IF ANY, AND ADDITIONAL EXCEPTIONS MAY TEEN BE ADDED. 4. PROOF OF PAYMENT OF FRANCHISE TAX ON 11160 MAIN ROAD, INC. FROM INCORPORATION TO DATE OF CLOSING IS REQUIRED. REPORT REQUESTED FROM STATE TAX COMMISSION. 5. RIGHT OF WAY TN LIBER 2528 CP 285 AND LIBER 4943 CP 90. (SIE COPY) F 6. NOTE: A REAL ESTATE TRANSFER TAX (EAST END TRANSFER TAX) AFFECTING CONVEYANCES OF REAL PROPERTY IN THE TOWN OF SOUTHOLD BECAME EFFECTIVE ON MARCH 1, 1999, AND GOES INTO EFFECT IN TEE TOWNS OF EAST HAMPTON, SOUTHAMPTON, RIVERHEAD AND SHELTER ISLAND ON APRIL 1, 1999. THE PECONIC BAY COMMUNITY PRESERVATION FUND FORM MUST BE COMPLETED AND THE TAX, IF APPLICABLE, MUST BE PAID AT THE CLOSING OF TITLE. 7. SURVEX MADE BY STANLEY J. ISAKSEN, JR. DATED 7/9/01 REDATED 8/9/01 SHOWS A 1 STORY BUILDING WITH AN ATTACHED MOBILE HOME AND WOOD PLATFORM. FENCE LIES 1.1 FEET WEST OF PART OF WESTERLY RECORD LINE, VARIATIONS BETWEEN FENCES AND THE LINES OF RECORD TITLE. POLICY WILL EXCEPT ANY CHANGES SINCE THE DATE OF ABOVE SURVEY. 8. FOR INFORMATION ONLY: ALL REQUESTED MUNICIPAL SEARCHES HEREIN, 9. DISHONORED CHECKS - FOR INFORMATION ONLY: BECAUSE OF PROBLEMS WE HAVE HAD WITH DISHONORED CHECKS, NO UNCERTIFIED CHECKS FOR $1,000.00 OR MORE WILL BE ACCEPTED UNLESS APPROVED EY MANAGER, ASSISTANT MANAGER OR COUNSEL. UNDER NO CIRCUMSTANCES WILL THIRD PARTY OR SELLERS CHECKS BE ACCEPTED TN ANY AMOUNT AT CLOSING. MOM • 7 2002 12:21 FR CH GO TITLE 516 746 707412128952900 ` P. 11/32 °" \ -.r1 .r- / _ .. 1 \J/r� \re:\\ .,� �tma � Vq \IS� ` °' . 1,i 16.0:. :a4cv \,,./ sa • !9 0 - A. . /so tb h 33 446 '•-` - I8 •Vv # Al P les SSTE'ia .1eg 4p \ 43 li$ ` ' ry�j ba ,�ti' 185 ti$ 41)1 r 33.) � ..... -. / 25.2 °' G9 65 4P/ !3, / 1.8A(c) 8 61 116 _ _.:�..... �1 f 16 74 CP.% # l� 5z 75 69. ,. to A\c 15.1 uis .153 - - v, 210:• 60Q • 310vill 9 0 60 \50 I . \ç \ fl55 ° 1.. ' 34.1 in , 11,1 ,F 12 120 27 28 29 30 31. 1, 120 . eQ 90 i 50 60 55 65 120 139 LEGION RD (5o1) 115 17, 36 \,..,:.. c.--- \—r...v.__v___r_____ , . , ..._ 3%,::21,2- — 40(0 % VZi I ood - 1,�~`� 3 — I / 1 };,` MATTITUCK CHAMBER OF COMMERCE ��._ (.!' P.O. BOX 1056 MATTITUCK, LONG ISLAND, N.Y. 11952 • �J• cof May 15, 2003 6\4 ( Ms. Lydia Tortora Chairperson Town of Southold Zoning Board Main Road Southold,NY 11971 Dear Ms. Tortora: I am writing this letter on behalf of the Board of Directors of the Mattituck Chamber of Commerce. Ms.Gail Dessimoz and Mr. Michael Racz the principals of East Enders, Inc. are about to open a high-end food establishment in Mattituck. The business that they plan to open is both a needed entity and a plus for the community. East Enders, Inc. has informed us that for the convenience of their customers they are building a parking lot and planning on paving the right of way, John Street, so their customers will have an easy in and out traffic flow to the Main Road. Their plans also include the redesign of the building's frontage on the Main Road, which is what is needed in that part of town. As you are well aware of the eyesore directly across the street. East Enders, Inc. will be hiring local people, enhancing the local economy. It is the opinion of the Board of Directors of the Mattituck Chamber of Commerce,that this business would be a welcome establishment to the Hamlet of Mattituck and we sincerely hope that you will work with them to achieve their goal of opening their business. Sincerely, sof George D. Solomon President 04/22/2003 03:33 7345625 CORAZZINI ASPHALT PAGE 01 17 / , / �� C P.O. =OX 1281 CUTCHOGUE, NEW YORK 11935 uv c, �` ►„� (631)734-5600 FAX(631)734 5625 C .v Vr ), A 6. 51)Cl°3 .(tic,h, PROPOSAL Apri :, 113 Gail Dessimoz and Michael Racz Re: Improvements to John's Road for proposed delicatessen and apartment on Route 25, Mattituck Work to be performed at the above location: • Fine grade and compact to assure proper drainage • Spread and compact 4” of RCA blend over entire surface • Pave 2" NYS 1-A Top Asphaltic Mix Approx. area: 210'x 15' $3,825.00 Alternative Method: • Fine grade and compact to assure proper drainage • Spread and compact 4" of RCA blend over entire surface • Cover with 2" of Crushed Bluestone Approx. area: 210.x 15' $2,600.00 cam' rr 1 _ 0 6-� 01,< !0RilI(,;; 03 P-0. � 5at f r PLANNING BOARD ME 4_ : RS °��• '� , ' °ere J'Jf p� BENNETT ORLOWSKI,JR. i Coe : L O. Box 1179 �v Chairman �i_$ 'f' Town Hall, 53095 State Route 25 p . - % Southold, New York 11971-0959 RICHARD CAGGIANO % y ' Z Telephone (631) 765-1938 WILLIAM J. CREMERS V �',1 Fax (631) 765-3136 KENNETH L.EDWARDS . �� 11 MARTIN H.SIDOR '-.N1 vi,, *"ill. PLANNING BOARD OFFICE MEMORANDUM TOWN OF SOUTHOLD Date: May 15, 2003 To: Zoning Board of Appeals From: Bruno Semon, Senior Site Plan Reviewer Re: Appeal # 5211 for East Enders, Inc. 11160 Main Road Mattituck, N.Y. SCTM: 1000-122-3-9 Zone: B The proposed use is for a Deli which the Webster Ninth New Dictionary defines "delicatessen 1: ready-to-eat food products (as cooked meats and prepared salads)" See attached copy from dictionary. 'S ec A'' The Town Code part 100-13 definitions "RESTAURANT, TAKE-OUT--Any establishment other than a formula food restaurant, whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state, usually served in paper,plastic or other disposal containers, for consumption within the restaurant building, elsewhere on the premises or for carryout for consumption off the premises. [Amended 5-16-1994 by L.L. No. 9-1994]" oss , ,e,/o The Restaurant Take-out definition refers to a principal business use is the sale of foods. The Local Law number 9 of 1994 gave a distinct use to restaurants. In addition the Local Law number 9 of 1994 changed the parking requirements of 100- 191 to recognize the restaurant take out use. 'ge,. c The Town Code part 100-13 definitions "RETAIL STORE --An enclosed structure where goods are offered for sale to the public as take-out items, including hardware, drugs, food and beverages, furnishings, apparel and similar products. Minor repair services within the establishment may be undertaken as part of product sales." The Retail Store definition does not refer to the principal business use as "Sale of Foods". Scc /' • • 0 1 \A ,/ 336 delayer • delivering riegottattons) <a ^ operation) N vi: t6 in skill or tact On a ^''position) eisonel naturea : SENSITIVE(that to a 1: PUT OFF,slowly;a o: tstop,cauldetain,or e.lay. for a time3 involving matters of a deeply p ,"matter.Could I possibly speak to you alone—Daphne Dtl.h ndli r) r moveynE act REAR; ,SLOW,: to SLACKEN,E ET I deean to n u dtoayingadJ ( 1 _ syn nin RETARD, DETAIN mean'a colds to be late or g) or arrival;RETARD applies'chiefly to of a difficult situate see 5: CE marked ebi great y adv sidn or sensitivity(a behind in Movement or•progress, DELAY implies•a holding back, usu. <moments of^'feeling) b: marked by care,skill,or tact , — 4g, motionby interference, fromecompletionduioninstrument) sy and suggests reduction rofe speed without actual often-suggest- 2delicate nn(15c): something delicateobs G know delikatessen),,pl-,of and SLACKEN both imply,also Ka N an easing up or relaxing of power o} del.•i1cartes•seti\,del-i-ka-'tes-'n\ n pl [ ingfrt;•deliberate intention,SLACKEN b up r!e'hcdtesse delicacy,fr.F deltcatesse,prob.fr Oft delicatezza, fr.de icato efforte•DETAIN implies a holding back beyond a reasonable or ap- delicate,, fr. L `delicates (1889) c?-=:-rearly=to=catzload=peoducts=(as pointed time. a�-- )] DELAY usu implies a putting off(as a ser((store a store'where delicatessen are sold ns[delicates.. Syn DELAY,PROCRASTINATE,LAG,LOITER,DAWDLE,DALLY•mean,.t0 move CQdkio�edi�lish-as\adj[ME, fr�MFSfrgLJ.delrciosusefr. L delle ae bact slowly so as to fall behindimplies blameworthy delay de•lt c \ t re': E- beginning p. hro torhrough, departure);-PROCRASTINATE apathy; LAGimplies esp. fhrougli,laziness or implies failure to maintain a delight,�r:•Ze1iapPealino lgg to]al4c) 1 :e of the bodilyft sensesaesp1eofutasteDor delaywhile in progress, smell—d'-:cioupel lady to onei•cious•ns n esp. red sw`walking, ,LOITER and DAWDLE imply of walking,but este delay clearly suggests aimlessillawasting De1i•ciouS•es or DeliciouS,(ca. 1903); an important`red of time; oALLYss is n suggests delay through trifling or vacillation when Deli yellow;pl or yellow market apple of American origin,that has a crown of,five promptness is necessary. of drain- delict \dt-'likt\"n [L delictum fault, fr. Deet of deltctus, pp Ide•le\d esp.fro vt de•led;matter [L,imper..�ing.of delete](1705): to rounded prominences at the blossom end deletee(18.from mark ,typesetindicatr beueth (1523): an offense against the law 2dele n(1821): a mark ind\adj that something ao ec dried . gg: extreme-satisfaction 2:'something that gives great pleasure 3 qr- 1` i tare to delight \di--'lek-tore at DE GH f(i5c)t'f1 Lhighlyapleasing : DE- ide•xtre \tit-lit\ n ion 1 mdehat of gratification : JOY,also TEUL ght — CIOre,at D 1 lek-ta-'bil-at-e\n—de- chaic: the power of affording pleasure9 p qf L c•ta•bl 2: DELICIOUS,—de•1CC•tal11l•i tY\, 2delight vb[ME deltten, fr.QF.delitier,fr.L delectare, fr.defects, p l electbbqq\-ble\adv' .. delicere to allure, fr de- !I- lacere to allure; akin to OE 1x1 switch]vi . de.lecta.tiO \,de-, : something that is delectable (13c)3keen totakegreat(a book ad in la i : t gjoy or sans• ''' ENJ YM N \,de-,lek-'ta-shan, tit-; ,del-ak-\ n (14c) 1 : DELIGHT 2 gie1 :enjoymento take pleasure certain to -- pla vt : • to giveo2: to �• ENJOYMENT faction to—de•light•er n leased—deli t ' lel•e•ga•ble\'del-i-ga-bol\adj(1660)`. capable of being delegated b d to adj(Ili 1 obs,: DELIGHTFUL 2: highly P. deG \- as\ l pl -cite es a bo 1 a : tae act Of delegating ed•ly adv—de•li_ght•ed•ness n leasin — de•li ht•ful+1' appointment of de•light•ful \di-ht fel\ ad (1530) highly p g g • ; y' I it ce Vdel i- delegaat n •ME de el gatdefr. ML delegatDus, fr, L, pp ideld•tega e dol-i-sedelegate, \ [ fa-faadv—de•light•ful'nesS n veryleasing: DELIGHTFUL 4. il (of 14c))l: a person o actingforfr. de- este to: send es representativemOCat a con-on] \ a venti : a orconference acting another.representative a: a a U.S.' r a in e De•Iplah\de\-'lit-sem\adJ(1500): P, ,-; ventiori b : a of aeUO.Sver house of the Icon tnhheabook of JudH�Del�iaer fit L delrmitare,fiand .dearayer Of-{- limitare,ti�i''-��" Hausa of Representatives Maryland,V c i, a member ot de•lim•it\di-lim-at\vt IF legislature -;f Maryland,-g Virginia,or West Virginia to entrust to limit,fr.limit-, limes boundary,limit—more at LIMB](1852): to fixdf•.;y; 2 another \-;gat\ vb -gat-ed;: t -apps in vt (on. 1530)p : vi: to define the limits of de•lim•i•ta•tion\di-,aim-a-to-shan,,de-\n - .'_'�i';•� another tut or 2: to appoint as one's representative del•e•ga•tee\,del-i-ga-'te\n—del- de•lim•it•er\di-'lin-at-ar\n.(ca. 1962) : a character that mar•ks theab a4- e.gassa.t responsibility deli , - authority— ginning or end of a unit of data(as on a magnetic tape) [L•dehneatus, pp. of.delJ;; or ebe-tarn del-d, -i-ga- n Deere, fr. de- -I- linea line] (1559) 1 a : to indicate or represent:by del•e•ga•tion\,del-t-'ga-shan\n(1612) 1: the act of empowering to act de•lin•eaCe \di-'lin-a-,5t\ vt -eat•ed; -eatingr l{ for another 2: a group of persons chosen torepresent others or the narrow streets) 2: to describe,portray,he stet forth be takenth au cr de•le•git•i•ma•tion\,de-la-,jet-a--'ma`shan\n(1968) : a decline in o�loss drawn_9r painted lines b : to mark the outline of (lights delineaUn K" e-of prestige or authoritytde-le of delete to wipe or,1n detail<^'a character in the story)<^ p2, r:- dout,destroy,f vt de• -/ere Eek n tog 1i deletes, pp government)—de•lin•ea•tor\-e-,atror\n - t=; de•1in•ea•tion\tit-,lin-e-'a-shan\ n (1570) 1 : the act of delineating" out, f i de-e s -1 ere(akin tool,cut to out,or erasing more at LIME] g something made by delineator 7int : the act of deline i .74 (15c): to eliminate esp eby- s\ adj tdeletingour. g 1`= [Gk deletertos, fr. de`lersthdt to hurt, di-'li -kwan-se,-'lin-\n,pl•cies.(1636) 1 a': a'8efi=�� Eakin toiLus erelto-'feel a pain adj q effects)(^-,to health) syn see quent act b: conduct that is out of accord with accepted behavio o akin L dolere to feel — more at CONDOLE] (1643) : harmful dthe law; esp:\JUVENILE DELINQUENCY 2 :.a debt on which payme#i�its�� often in a subtle or unexpected way(^ intiperson " "' ` PERNICIOUS—del•e•teri•ous•ly adv—'del•e•teLri•ous•ness n de•le•tion \di-'le-shaet n [L deletion-, deletio destruction, fr. defetus] overduer delinquere'itis.'?, 0 590) 1 a: something c deleted b (1): the absenceooal a seprocess re at 2fr,de- I delinquent-, to)leavdelinquent more aprp. of(1603) 1:•off ' genetic material from a chromosome (2):-the mutational process that 2den offend,fr, adj [L delinquent-, dela more, prp. resultst Vin a deletionn[D2: the act of deleting • chrome'decoration 2: a ceramic ment <a chmage account) by delinquency, relating or haractei7s,,r '#._ • delft\'delft\n{Delft, Netherlands](1723) 1: tin-glazed Dutch earth- ing by neglect or violation of duty or of law 2:'being overduetil�-•°'••'I — ware re emu ingeand white orpolychrome delinquentsy ware resembling or imitative oDutch delft delinquents \,del-t'kwes\•In -quested; -quesc•ing[L deliquescere;,P J' ,t 'deaf-twe(e)t, ,twe(e)t\n(1714): DELFT + liquescere,mcho:of hquere to be utd—more at the behavior of Ddelid _ deli Vdel- \ a i to exhibit deli ib•er.ate n,pidel-fs,r t\vb r DE-at-ed;LICATESSEN-at-ingori' ,.' ' Id isc •s issu sand decisionsisn u -,s,vt to(the): tob think about ly dissolve or melt away: 0,4 discuss issues and carefully ^�vt: think about deliberately substance b: to become soft or liquid with age—used of plan ; ,. i delres(as,mushr oma)-'nt\ adj [L deliquescent-, deliguescens, p,- : - Td often with formal discussion before reaching a:dectsion syn see tures es•cent \-kwe d' i THINK of deliberate to deliquescere] (1791) 1 : tending to melt or dissolve; esp : (41,0111:::, 2de•lfb•er•ate \di-'Iib-(a-)rat\ adj [L dehberatus, pp. undergo gradual dissolution and liquefaction by the attractioz`Vis: weighca in mind, ponder,resultingirreg. from de- + Bra scale, pound]consider-15c) `1 absorptioncompare ExCURRepe la—`d§i i.�l,';F : characterized by or careful awareness ofhthe const- branche <elmslare moisture from the air 2: having repeated divisto rte ' quencesn (a ,— decision) 2 : characterizedby awareness de•lir•f•ous\di-lir a-as\adj(1599) 1 : of, relating to, or ae�IalettM1 �=+allowing - time alsehoslow, unhurried, and steady as though ether\-n\di- n pae) for decisionon.each individualdaction involved (a ^ .:-:5 '•. �pace) syn see VOLUNTARY—de•lib•er•ate•ly adv—de•lib•er•ate•ness n a�delirium 1 r•i•ous•ness nd with or marked by delinum— • i f.,4:-44;.,-,,, „I,.,-f de•lib•er•a•tion\dt-,lib-a-'ra-shan\n(14c) 1 a: the act of deliberating _ group2;,s .t b: a and against andmeasure e2 : the qualityr oftate of being hdeliberate de —more at LEAN](cal 1563)fr el1: a mentalirare to be • .^ " for against a ized by confusion, disordered speech, and hallucinations , t : — de•lib•er•a Live\-'iib-a-,rat-iv, -'lib-(a-)rat-\adJ —dedib•er•a•tive•ly excitement (he would stride about his room in a ^'of joy- `'��•-''� adv ca de•Vdel-i-ka-e•ness n ,If g. def•bei•cy\'del-i-ka-se\q,pl-cies.(14c) 1 obs a: the quality or state Wolfe) of being luxurious b: INDULGENCE 2:-something pleasing to eat that delirium tremens \'ire-mann, -''rem-adz\ n [NL, lit., tremtil'1rr. i considered rare or luxurious (considered caviar a ^') 3- a : thebs m](1813) 13): a violent delirium lcuwith liquors trors that is inti ted ,e.`, ' • p: to quor state of being sudainty : FINENESS (lace of great ^) • M FRAILTY I 4,:,fineness or subtle expressiveness of touch(as in paint- de-list\(')de-'list\ vt(1933) : to remove from a list, es ��}••:. �" — -,,,, ;,-:1 5 a: orecise and refined perception and discrimination security) efrom the list of securities that maybe dealt in on ai_ • --•--..a. • aa.Ho.or.inn\-(a-)rii)�`� w - fl 1/0,14,- -OTS-01,41/0"-Ta PC/Code'book for,Windows RESTAURANT -- Any premises other than take-out or formula food restaurants where food is commercially sold for on-premises consumption to patrons seated at tables or counters. [Amended 5-16-1994 by L.L. No. 9-1994] RESTAURANT, FORMULA FOOD --A restaurant business required by contractual or other arrangements to offer standardized menus, ingredients, food preparation, decor, external facade or uniforms. [Added 5-16-1994 by L.L. No. 9-1994] RESTAURANT TAKE-OUT -- Any establishment other than a formula food restaurant, whose printipal-busin ess is-the sale of foods7, frozen desserts or beverages to the customer in ca.=ready=to nsumestate, usual-y sem ved paper,plastic or other disposal containers, for consumption within-thestuur=ant-building;elsewhere omthe=premi s�o—r fo rryout-for consumption off the premises. [Amended 5-16-1994 by L.L. No. 9-1994] RETAIL STORE --An enclosed structure where goods are offered for sale to the public as take-out items, including hardware, drugs, food and beverages, furnishings, apparel and similar products. Minor repair services within the establishment may be undertaken as part of product sales. 1 ;Town"of Southold PC/Codebook for:,Windoi-vs e�staU'rant,_drive rn__ cur�6�ser- 1 space per 2 seats or 1 `vice take=out oriformula f od> space per 50 square feet of [Amended 577. 1-90"C -- gross floor space, whichever L11. =199 1 is greater • Restaurant, except drive-in 1 space per 3 seats or 1 space per 100 square feet of floor space, whichever is greater Retail sale or rental of fishing, If separate use, see "retail diving or bathing supplies or shop"; if accessory use, 1 equipment; ship's loft or space for each employee, plus chandlery 2 spaces in addition to primary use 1 6- 02--€13 RECEIVED' "402)-- /0 MAY e 9 2003 zoNliva r ft) F6t6PA- teb,t-0 (La_ May 6, 2003 tir-p6,41.8 Dear Ms. Tortora, I have only been a resident of Mattituck for the past year but, after much research, decided to move here for its charm and beauty. I cannot express to you my dismay upon hearing that "East Enders, Inc." is intending to construct a two-story delicatessen with appartment and parking lot directly across from my new home. Route 25, in this immediate area, is already quite congested, especially in the summer, when people are heading to the bay beaches or to the two playgrounds located on Bay Avenue. I am amazed that this type of project would even be considered, seeing that one block down the road is a new delicatessen located next to the Half Shell Restaurant. Moreover, in the other direction is another delicatessen located in the "Handy Pantry", not to mention another one located on Love Lane. Having once lived across from this type of a store, I must alert you that this type of buisness with a parking lot does attract local teenagers till all hours of the night as well. I must add that if this two- story building is accepted, my master bedroom views of James Creek will also be destroyed. Now that we are trying to preserve the beauty of Southold, as well as to insure the picturesque quality it has, let us consider the ramifications of allowing just another two-story building to be erected for the sake of "filling in" another lot without serious consideration. Due to my work schedule, I will be unable to attend your hearing scheduled for May 15th but I nevertheless hope that my voice will be heard. Thank you very much for your time in this matter. Sincerely, eitgerlelk)5- c Jacques Savarese 11255 Main Road P.O. Box 544 Mattituck, N.Y. 11952 ,PLANNING BOARD MEMBERS /,,�®SUFFO`4 00 P.O. Box 1179 BENNETT ORLOWSKI,JR. /� 4. Chairman �•� �'�° ; Town Hall, 53095 State Route 25 ® Southold,New York 11971-0959 RICHARD CAGGIANO Telephone (631) 765-1938 WILLIAM J.CREMERS ® Fax (631) 765-3136 KENNETH L.EDWARDS MARTIN H.SIDOR * Mfr RECEIVED i. PLANNING BOARD OFFICE MEMORANDUM TOWN OF SOUTHOLD APR 2003 45?-1 1 fir'- cJ► c 0 ZONING S®ARD OF APPEALS Date: April 22, 2003 -----. To: Mrs. Tortora, Chairwoman of Zoning Board of Appeals From: Bennett Orlowski, Jr. Chairman of Southold Town Planning Board - Re: Appeal # 5211 for East Enders, Inc. 11160 Main Road Mattituck, N.Y. SCTM: 1000-122-3-9 In reference to the above, attached you will find a reply to your memo, dated March 27, 2003, requesting the Planning Board's (PB) comments. The PB held a work session on April 9, 2003 with Pat Moore, Esq. representing the applicant. The PB discussed the project and has the following concerns and comments. Our review is based on a two page site plan prepared by Young &Young, dated 10/18/02, revised 12/9/02, and received by the Planning Board 3/31/03. Please note that the applicant has not paid a fee—thus the PB does not have an application before it. 1. There is some question as to what the site is zoned either"B" or "Ml". All the following comments are based on the Building Department's disapproval, dated 8/16/02, amended 12/6/02 and last amended 2/26/03, which determined the zone as "B". If the property zone is determined to be "MI", - we will have additional concerns. 2. The Building Department has determined this proposed use to be retail food store. The PB considers the Deli use to be a Take-out restaurant, which requires a special exception from the ZBA. We request that the ZBA give an interpretation of the Deli use. 3. The proposed use will require Suffolk County Health Department approval for completion of the site plan process. The application was submitted to SCHD on 2/4/03 and assigned the reference number C10-03-0001. To date the application has not been reviewed. 4. Access & egress to the parking in the rear is proposed via a narrow driveway on the west and a private right-of-way (ROW) on the east. The applicant claims legal access over the R-O-W as per attached deed. The PB has not determined whether this is sufficient and will need to consult with the Town Attorney. We will forward this to the Town Attorney to determine the legal use of the private R-O-W. The legal use on the private R-O-W is an issue because the proposed parking layout will result in patrons, delivery trucks and sanitation trucks of the deli exiting onto a private R-O-W. The R-O-W will need to be improved to handle extra traffic 5. The R-O-W acts as the sole access for the seven (7) residential homes and four (4) vacant lots. 6. The proposed site plan shows access within +/- 34' feet of the private R-O-W, however the Town Code requires a minimum of 50' between access points. 7. The proposed nonconforming building front yard setbacks will preclude patrons from parking in front of the building and eliminate any use of patron parking on the property along the R-O-W. The private R-O-W must not be obstructed with patron vehicle parking. The R-O-W will need to accommodate two-way traffic for the residences. 8. The driveway and private R-O-W appear to have limited sight distance onto Route 25. The curb cut on Route 25 is proposed +/- 5' apart from the adjoining Hess Station property curb cut. The Hess Station is petitioning the Town Board for a zone change to permit an expansion of the gas station use to include a convenience store. The traffic on Route 25 is heavy at this time, and will be intensified with this proposed use (and possibly even more dangerous). 9. The site plan proposes parking for 8 spaces the Town Code requires a minimum of 8 spaces for shop or store and more spaces for a take-out restaurant. The site plan proposes aisle space of +/- 20'. The Town Code requires a 22' minimum aisle per 100-191 ( c ). The PB is not inclined to waive the aisle width. 10.The site plan proposes an entrance of +/- 13.10' in width. The Town Code requires a minimum of 15' per 100-191 (b). 11. Pedestrian access to the rear of the deli building is not clear from the proposed site plan and may present a safety issue. 12.The proposed deli and apartment represent an intensified use of the existing site. 13. Proposed site improvements are located within Trustee's and NYS DEC jurisdiction. No applications have been filed with these agencies at this time. 14.This proposed layout contains less the 4000 square feet of floor area thus is exempt from SEQRA. 15.The accessory apartment is proposed at 407 square feet and is less the required minimum 450 square feet. 16.The PB will require landscaping in the fronts of the building. Please keep us up to date on the project. Please note the PB is currently reviewing a preliminary site plan for this project. The PB will require additional information before proceeding with the application. Thanking you in advance. Cc: file, vl, vs, pb, ZBA, MV (BD), GY(Town Attorney) / Enc.: copy of ZBA request for comments, copy of deed. 7713 Jfn` MEMO TO: Planning Board FROM: Zoning Board of Appeals DATE: March 27, 2003 SUBJECT: Planning Board Application Review ZBA #5211 — East Enders, Inc. The Zoning Board of Appeals will be conducting a public hearing regarding above captioned application, which involves additions and alterations to this commercial building and single-family dwelling. Please furnish your comments at your earliest convenience. Thank you. Encs. CC: file #5211 Correspondence L. Tortora .7 PATRICIA. C. MOORE �� Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski MelissaMcGowan Secretaries April 11, 2003 Southold Town Planning Board Southold Town Hall 53095 Main Road Southold, NY 11971 Re : East Enders, Inc . Site Plan Dear Chairman and Board: Enclosed please find a copy of my client' s title report which states that the property is conveyed together with a right-of-way. I have included a copy of the deed from a predecessor in title which clearly describes the use of the adjacent 25 ' right-of-way. I will discuss your other concerns with the owner and advise the Board accordingly. Veryruly yours, CZ-7/ Patricia C. Moore cc : Zoning Board of Appeals w/encl . �n GE UVJ APR 1 1 2003 I Southold Town Planning Board . 17 2002 12:20 FR CHAP 10 TITLE 516 746 7074 T 2128952900 P.08/32 . • CHICAGO TITLE INSURANCE COMPANY SCHEDULE S-1 Title No.: 3802-00683 The policy will not insure against lose or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of the following exceptions unless they are disposed of to our satisfaction: A Taxes,tax liens,tax sales,water rates,sewer and assessments set forth in schedule herein. NOTE: if the subject transaction Is one involving a sale subject to the mortgage(s)returned In this exception,and since marry B lenders now have the mortgage Instrument,state that the debt will become due and payable at the option of the mortgagee upon any transfer of title.It Is recommended that the applicant examine the mortgage documents)as well as the note(e)and bond(a)and any agreement modifying said mortgage(e)or make Inquiry of the mortgagee of the current tame of such instrument(s)especially with respect to acceleration of the maturity data In case of a agile.Upon request,wo will obtain end iumlch a copy of the recorded mortgage(s)for cost. C My state of facto whleh an accurate survey might show_ or Survey exceptions set forth herein. D Flights of tenants or persons In possession. 1. MORTGAGE(5) ( NONE) AND ASSIGNMENTS) THEREOF AS DESCRIBED IN THE SCHEDULE ANNEM. 2. SEARCHES, INCLUDING BANKRUPTCY, HAVE BEEN RUN AGAINST THE NAME 11160 MAIN ROAD, INC. AND RETURNS, IF ANY, APPEAR HEREIN. NOTHING FOUND (BANKRUPTCY HEREIN) 3. IN ADVANCE OF SCHEDULING THE CLOSING, THE COMPANY MUST BE ADVISED AS TO THE IDENTITY OF THE PROPOSED INSURED AND OTHER INTERIM GRANTEE(S) , IF ANY, AND ADDITIONAL EXCEPTIONS MAY TEEN BE ADDED. 4. PROOF OF PAYMENT OF FRANCHISE TAX ON 11160 MAIN ROAD, INC. FROM INCORPORATION TO DATE OF CLOSING IS REQUIRED. REPORT REQUESTED FROM STATE TAX COMMISSION. 5. RIGHT OF WAY IN LIBER 2528 CP 285 AND LIBER 4943 CP 90. (SEE COPY) F 6. NOTE: A REAL ESTATE TRANSFER TAX (EAST END TRANSFER TAX) AFFECTING CONVEYANCES OF REAL PROPERTY IN THE TOWN OF SOUTHOLD BECAME EFFECTIVE ON MARCH 1, 1999, AND GOES INTO EFFECT IN TEE TOWNS OF EAST HAMPTON, SOUTHAMPTON, RIVERHEAD AND SHELTER ISLAND ON APRIL 1, 1999. THE PECONIC BAY COMMUNITY PRESERVATION FUND FORM MUST BE COMPLETED AND THE TAX, IF APPLICABLE, MUST BE PAID AT THE CLOSING OF TITLE. 7. SURVEY MADE BY STANLEY J. ISAKSLN, JR. DATED 7/9/01 REDATED 8/9/01 SHOWS A 1 STORY BUILDING WITH AN ATTACHED MOBILE HOME AND WOOD PLATFORM: FENCE LIES 1.1 FEET WEST OF PART OF WESTERLY RECORD LINE. VARIATIONS BETWEEN FENCES AND THE LINES OF RECORD TITLE. POLICY WILL EXCEPT ANY CHANGES SINCE THE DATE OF ABOVE SURVEY. 8. FOR INFORMATION ONLY: ALL REQUESTED MUNICIPAL SEARrHES HEREIN. 9. DISHONORED CHECKS - FOR INFORMATION ONLY: BECAUSE OF PROBLEMS WE HAVE HAD WITH DISHONORED CHECKS, NO UNCERTIFIED CHECKS FOR $1,000.00 OR MORE WILL BE ACCEPTED UNLESS APPROVED BY MANAGER, ASSISTANT MANAGER OR COUNSEL. UNDER NO CIRCUMSTANCES WILL THIRD PARTY OR SELLERS CHECKS BE ACCEPTED IN ANY AMOUNT AT CLOSING. mom - � 'ZONING BOARD OF APPEA1 f'r177 trerut Town Hall Office duX 53095 Main Road- - `k P.O. Box 1179 130 t? v(ip , Southold, NY 11971-0959 Email: Linda .Kowalski(a,Town.Southold.ny.us or Paula.OuintieraTown.Southold.ny.us http://southoldtown.northfork.net (631) 765-1809 fax(631) 765-1823 (alt. 9064) TRANSMITTAL To: Jerry, Lydia, George, Ruth,and Vincent DATE: ' r/ —46 /2003 REF: Hearing Date: 5 / 17 o 3 Appi-of CG (rite Asa 1/ 7 ( x ) Info attached for your information and review. '14013 A6,4, n D. b /60( • e� (1.0rAfi_ex.A.../.41-7 • Thank you. Pages attached: 9 `f Jo P,/).., -7(Psr— (1 • R , FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL RECEIVED APR 3 0 2003 DATE: August 16, 2002 AMENDED: December 6, 2002 ZONING�Q�� OF APPEALS AMENDED: February 26, 2003 AMENDED: April 22, 2003 AMENDED: April 28, 2003 TO Patricia Moore A/C Lisa Ciferelli 51020 Main Road Southold,NY 11971 Please take notice that your application dated February 12, 2002 For permit to make additions and alterations to a commercial building/single family dwelling at Location of property: 11160 Main Road,Mattituck County Tax Map No. 1000 - Section 122 Block 3 Lot 9 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations to a non-conforming building with a proposed conforming use and a proposed second non-conforming use on a property measuring 10,890 square feet in the B District, is not permitted pursuant to Article X, Section 100-101. Although the proposed deli is a permitted use, the second existing non-conforming use, a single-family dwelling, is not permitted in the B District. In addition, the proposed addition/alteration is not permitted pursuant to Article XXIV, 100-243.A., which states, "A non-conforming building with a non-conforming use shall not be enlarged, reconstructed or structurally altered or moved,except as set forth below, unless the use of such buildings is changed to a conforming use."And Article XXIV, 100-242, A, which states, "Nothing in this Article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use,provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings." • v The existing building, on two road fronts,has front yard setbacks of+1- 5 feet and+1- 6 feet, following the proposed additions and alterations, the building will have setbacks of 4.4 feet and 1.02 feet respectively. Therefore, the proposed additions and alterations are not permitted pursuant to the bulk schedule, �f' which requires front yard setbacks of 100 in the Business (B)Zone. Total lot coverage, following the proposed construction is eight(8) percent. This Notice of Disapproval was amended on December 6, 2002 and February 26,2003, to reflect changes in the scope of work. This Notice of Disapproval was amended on April 22, 2003 to correct an error. This Notice of Disapproval was amended on April 28, 2003, for clarifications. 41./ . A orized Si: .ture Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. Cc: ZBA,File TRANSMISSION VERIFICATION REPORT . y TIME : 04/30/2003 11: 34 DATE,TIME 04/30 11:33 FAX NO./NAME 7654643 DURATION 00:01:15 03 RESULT) OK MODE STANDARD ECM r 3. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 • Fax: (631) 765-4643 Margaret Rutkowski MelissaMcGowan Secretaries February 26, 2003 Southold Town Zoning Board of Appeals ',; Lydia Tortora, Chairwoman and Board Southold Town Hall k=EB 2 (=' 53095 Main Road Southold, NY 11971 Re : East Enders, Inc . variance Dear Chairman and Board: I am in receipt of a notice dated January 17, 2003 , in response to your request are the following: 1 . Notice of Disapproval dated August 16, 2002 , amended 12-6-02 and last amended on February 26, 2003 : In response to your letter, the Building Department has clarified their notice, they do not issue a notice of disapproval for a use which is "permitted" in the Zoning Code (Deli and/or other permitted use) . Their notice of disapproval has been corrected to identify two issues : A. (100-243 A) a residential use which is "not a permitted use" is being "reconstructed or _ structurally altered" by relocation to the second , story. Please note that the preexisting residential use is being reduced in size : in the existing building the residential use has a total square footage of 695 . 9 sq. ft . (157 . 5 sq. ft . + 414 .24 sq. ft . + 124 . 16 sq. ft . ) , the second floor apartment has only 407 . 58 sq. ft . The Board should find that we are not increasing the nonconforming use but reducing it . B. (100-242 ) We also need set back variances for the structure from two front yards . 3 . The deed is attached to the appeal submitted on August 20, 2002 , however, I have submitted another copy for your convenience. 4 . 7 prints of Young & Young survey with all dimensions shown (2 story structure Deli & Apartment) 5 . 7 sets of Architect' s plan of following: a. Second Level floor plan labeled drawing B b. First Level floor plan labeled drawing C c . Second Level floor plan with measurements labeled drawing D with elevations described d. Existing Building Area square footage calculations e. Overlay of existing and proposed structures 5 . Photographs of proposed addition to existing building 6 . Health Department Applications for sewage disposal and water supply system (SCWA) for commercial use submitted by Young & Young on February 4, 2003 . The application will take some time for the Health Department to review. This property is vacant and unsightly in the heart of Mattituck. We would respectfully request that this mater be placed on the calender as soon as possible, my clients are anxious to improve the property. Very—Er " yours, Patricia C. Moore cc : East Enders, Inc . 1 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: August 16, 2002 AMENDED: December 6, 2002 AMENDED: February 26, 2003 TO Patricia Moore A/C Lisa Ciferelli 51020 Main Road Southold,NY 11971 Please take notice that your application dated February 12, 2002 For permit to make additions and alterations to a commercial building/single family dwelling at Location of property: 11160 Main Road, Mattituck County Tax Map No. 1000 - Section 122 Block 3 Lot 9 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations to a non-conforming building with a proposed conforming use and a proposed second non-conforming use on a property measuring 10,890 square feet in the B District, is not permitted pursuant to Article X, Section 100-101. Although the proposed deli is a permitted use, the second existing non-conforming use, a single-family dwelling, is not permitted in the B District. In addition, the proposed addition/alteration is not permitted pursuant to Article XXIV, 100-243.A., which states, "A non-conforming building with a non-conforming use shall not be enlarged, reconstructed or structurally altered or moved, except as set forth below, unless the use of such buildings is changed to a conforming use."And Article XXIV, 100-242, A, which states, "Nothing in this Article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use,provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings." The existing building, on two road fronts, has front yard setbacks of 4.4 feet and 6 feet, following the proposed additions and alterations, the building will have setbacks of 4.4 feet and 1.02 feet respectively. . Total lot coverage, following the proposed construction is eight (8) percent. This Notice of Disapproval was amended on December 6 002 ani ebruary 26, 2003,to reflect changes in the scope of work. J thorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. Cc: ZBA, File k' a' �'. **541:04t -4.-46 ^`* s �"• NY005-E' end Sale Deed with Covenant against Grantor's Acts Individual or Col it(Single Sheet)(NYBTU 8002) �'ate ,", ' �a,; � 14 • CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY . NW ! aii ..,�w` 2nd Jul in the year 2002 � e ' THIS INDENTURE,made the day of Y , is rr r�i:ui,,. n � q t. 4 �`i BETWEEN • . ' n Vr'l �.-;a 11160 MAIN ROAD, INC, a New York Corporation, with offices at � 4 ,,I, ' . 11160 Main Road, Mattituck, NY 11952 ns- 44` party of the first part,and a . - -c, �' EAST ENDERS, INC., a New York Sub-S Corporation, with- offices at war a, r • ' n 100 Dam Street, New York, NY 10013 � . �� party of the second part, - �� , k�J' n1::- WITNESSETH,that the party of the first part,in consideration of Ten Dollars and other valuable consideration . paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or itahrr� r'+ =7, successors and assigns of thepartyof the second part forever, Y7 g '.1006'.s Vv ALL that certain plot,piece or parcel ofland,with the buildings and improvements thereon erected,situate,lying `��nil-f' and being g at Mattituck, in the Town of Southold, t*- ,sV-,- County of Suffolk and -,,,, , r 4,Yf;,,'. State of New York, bounded and described as follows: ,, BEGINNING at a monument set on the southerly side of Mair1 Road wa, H"',,t "„... (NYS Route 25) distant 150 feet east as measured along the ;,_,y.• �"i+`= - southerly side of Main Road, from the corner formed bythe �.�� --�-.;;.,-'r-= � Tax Map ' �W . ' Designation intersection of the southerly side of Main Road and the easterly ;'�I+T` side of Bay Avenue; Y., 1#j.Rr " t , %;'�°-' - Dist. RUNNING THENCE along the southerly side of Main Road, North 51 ” G ,.._' 1000 deg. 50 min. 00 sec. East, 50.0 feet to the land now or formerly of ,• '`a q,L Boucher; w �,y z_.- ,4,; ':.,:`4 See, RUNNING THENCE along said land South 23 deg. 29 min. 40 sec. _:• 122.00 East, 200.10 feet to the land now or formerly of P.W.K. Enterprises _ xIn Inc.; ay^,c �, ; __: Blk RUNNING THENCE along said land South 51 deg. 50 min. 00 sec. ,Npra 1r7,- 03.00 West, 50.0 feet; -, s ,i , RUNNING THENCE still along the land now or formerly of P.W,K. ,':, ,. Enterprises Inc. , and along the land now or formerly of Amerada :;�,�, ,r.•. •��-_ Lot(s) Hessrp i-,- 009.000 Corp. North 23 deg. 29 min. 40 sec. West 200.10 feet to the -*.; , 0;r-`, - southerly side of Main Road and the point or place of BEGINNING. 4P�' >=x,, SUBJECT TO all instruments of record. 'T1 ' BEING AND INTENDED TO BE .the same premises conveyed to Grantor rd�a,R,,. p 935. i ,"rrr;,, by deed dated 8/10/01 and recorded 9/26/01 in Liber 12143, cp k�'•-- - TOGETHER with all right,title and interest,if any,of the party of the first part of,in and to any streets and ;� ;v-,' , roads abutting the above-described premises to the center lines thereof; TOGETHER with the appurtenances f;,; '..,4' , and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD '' -"''"s' premisesgrantedparty p assigns of the party of ; ., ;;{`;,;•; -' the herein unto the a of the second art,the heirs or successors and the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby •"i .13-00-,,,r tr„ '- the said premises have been incumbered in any way whatever,except as aforesaid. ` '-l'' - AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the -• ;a• first part will receive the consideration for this conveyance and will hold the right to receive such consideration ' �' '`-4, as a trust fund to be applied first for the puipose of paying the cost of the improvement and will apply the same �'''�� PP PIP P Y g P PP Y t'l: first to the payment of the cost of the improvement before using any part of the total of the same for any other :. ,4114-• - the word"party"tshall be construed as if it read"parties”whenever the sense of this indenture so requires. s _ ,D•,,:i:, _h,f,;°it r _.3F,r ' , party partdulyday Y - 2.-,. . INWITNESS WFTER bF theof the first has executed this deed the and ear first above Y.y{, written. ,1 ;,r IN PRESENCE OF: . 11160 MAIN ROAD, INC. . _ '' by: IP CIFARELLI, P• S. +flL t 1Prr ' State of New Yorf _' �nty of Suffolk }ss. ,: State of corkCounty of •� Y'r •^•u VJ}4•. { ss- x' ' . On theoc day of u l y in the year 2002 On the uay of in the year before me,the undersigned,personally appeared . before me,the undersigned,personally appeared DAVID CIFARELLI , personally known to me or proved to me on the basis of satisfactory personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is(are)subscribed to the evidence to be the indiyidual(s)whose name(s)is(are)subscribed to the within instrument and acknowledged to me that he/she/they executed the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),and that by his/her/their signatmre(s)on same in his/her/their capacity(ies),and that by his/her/their signature(s)on the instrument,the individual(s),or the person upon behalf of which the the instrument,the individual(s),or the person upon behalf of which the individual(s)acted,executed the instrument individual(s)acted,executed the instrument /LI Not'ry Public MOLLY T.PEWCANE Notary Pubic,State of New York =: Suffolk County-4631730 CommIAalon Expires April 30,20 sn�� AalloWIEDGMDIrFORMFUR USE Win�vNEWYoRCSTAJEOnLY: AC Muo►VIEDGAmvrFORMFOR USE OUTSIDE NEW YOR TATEOn2r. t• (New York Subscribing Witness Acknowledgment Certificate) (Out of State or Foreign General Acknowledgment Certificate) State of New York,County of }ss.: }ss.: (Complete Venue with State,Country,Province or Municipality) 0n the day of in the year ' before me,the undersigned,personally appeared On the day of in the year before me,the undersigned,personally appeared the subscribing witness to the foregoing instrument,with whom I am personally acquainted,who,being by me duly sworn,did depose and personally known to me or proved to me on the basis of satisfactory say that he/she/they reside(s)in evidence to be the individual(s)whose name(s)is(are)subscribed to the within instrument and acknowledged to me that he/she/they { (if the place ofresidence is in a city,include the street and street number,if executed the same in his/her/their capacity(ies),that by his/her/their any,thereof); that he/she/they knows) signatdre(s)on the instrument,the individual(s),or the person upon behalf of which the individual(s)acted,executed the instrument,and' to be the individual described in and who executed the foregoing that such individual made such appearance before the undersigned instrument; that said subscribing witness was present and saw said in the execute the same; and that said witness at the same time subscribed (Insert the city or other political subdivision and the state or country dr his/her/their name(s)as a witness thereto. other place the acknowledgment was taken). .;f BARGAIN&SALE DEED WITH COVENANTS AGAINST GRANTOR'S ACTS t + TITLE No. DtsTxtcr SECTION 11160 MAIN ROAD, INC. BLOCK LOT TO COUNTY OR TOWN EAST ENDERS, INC. RECORDED AT REQUEST OF Fidelity National Title Insurance Company of New York RETURN BY MAIL TO FIDELITY NATIONAL TITLE INSURANCE Brown Raysman Millstein Felder ®;;0 OF COMPANYNEW YORK rt; & Steiner LLP INCORPORATED 1928 900 Third Avenue � Fidelity.14fivwar/' New York, NY 10022 Member New York State Land Siille Association 0 LL 0 is z cc 0 U cc LL 0 w to TC 0 u. w U C. C. CO V1 wcc ccF cc 9 frt fes _�,__ �� ^ ,,... ,� e 13‘3 s-• 0, , ,. ,,, • _`'__ �_. Ob int w 'I x-11 12'-6" 3' �::a ;y '' 0 __. �- DECK '_ , i`"�A y if_...... . .._ -I - ICITCI)ENE1 IE O DN _ E �• �a .- ~/n' • � I > 7 � Si,AFD _.......o _.___. ! aLL 2 1/2. in 15'-3" 1 IT � 1 .1 l) N CLOSET �� r e N a b APARTMENT LIVABLE AREA= Csd r N m .1 ▪ m 11 407.58 sq.ft. i DELI STORAGE 11 o N y M LIBATHmi. AREA=642.18 sq.ft. I 00 ' N z m g O o 11 ▪ I. C NZ.- 1-.3 /b yCI N rnx F''' 20'-8 1/2" cNv • NN t' 1-3 trJ o ry N O ELEVATION FOR THE • 15'-3" " © b '-' UPPER LEVEL ' -cc.•THE ROOF ABOVE THE in ��•— LINE DEMARKING THEMIIIIL SECOND LEVEL OF THIS '—p t J— BREAK BETWEEN THE i BUILDING WILL BE SLOPED, • LIVABLE AREA(APARTMENT) THE MEDIAN ELEVATION[the, I " AND THE DELI STORAGE half-way point between the cave , , I 12'—6 AREA). and ridge]OF THIS SLOPED [ • ' ROOF(OR ROOFS)WILL NOT 'EXCEED 34'11"ABOVE GRADE. ' J. 0 0PROPOSED6)-PLAN: SECOND LEVEL ' ` L. D i aes,f " , '' rN) m O u= if 0 GO I- PEIXa� MARCHETTI MAIN RD., MATTICITUCK ARCHITECTS L_LP 19 WEST -ST N2401 NY NY 10010 30 January 2003 TEL 212 67755 -1555 FAX 212 675-2255 12.6' 22'-3 5/8" Epi/JOBS/GO/Drawings/Plan for' Application II 5211] .... "7— \...L Ni 'n (V EXISTING Q SECTION 12.5'x 12.6"=157.5 sq.ft. . Q _ 45' tt� 2.io EXISTING R SECTION 03 22.3'x 18.8'=419.24 sq.ft. 12.6' • • R - - 'I. lf) T EXISTING TRAILER D7 Op 1 TO BE REMOVED cy 45'x 8'=362 sq.ft. I CO r 9:5' S Qj EXISTING S SECTION EXISTING BUILDING AREA 9.7'x 12.8'=124.16 sq.ft. .J 1 _ EXISTING SECTION Q = 12.5' x 12.6' = 157.50 sq.ft. 12.8' P I EXISTING SECTION R= 22.3' x 18.8' = 419.24 sq.ft. . 1 EXISTING SECTION S = 9.7' X 12.8' = 124.16 sq.ft. cjEXISTING118"=1PLAN EXISTING TRAILER T = 45' X 8' = 360.00 sq.ft. '-O" .: -.. JOBS/GO:::Plan for Application#5211.dwg].dwg] TOTAL EXISTING AREA= 1,060.90 sq.ft. ___..-...:-;-' .;.;). .0"''',,x3G 'S''‘'''N,. , \\ 1. ,; a r ` 4 , , —l't 1/(,. , •i z., ; , E „„,..., • _ _ Imo.:'. 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MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Melissa McGowan Secretaries August 20 , 2002 Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman and Board Southold Town Hall 53095 Main Road Southold, NY 11971 Re : East Enders, Inc . /2-2 _3_1 variance Dear Chairman and Board: Enclosed please find application for variance to make alterations to preexisting nonconforming structure and preexisting nonconforming use (residence) with accompanying documents . An application was submitted by Christopher Stress, '1 ta., Architect ( ) hy client purchasedfor the the owner propertysellerwithof tthee propertagreement. froMym Q- the seller that we would continue the application and � the hearing was to continue since my client intends to a.;,;', ,� make the renovations to the building. The Architect ( �Jl withdrew the application without my client' s knowledge Ay '�jt l or authorization. Please incorporate all documents V'' ) & 1 reviously submitted into this application. The Town Board is considering a change to the code Q' ' ,,;rto permit residential use in Business zoning, however, 4y regardless of the code change, this property has a ',' V \aa;, preexisting nonconforming residential use which will be �' , retained. Enclosed are certificates of occupancy for SZ.��}--5 t mixed business and residential use . � U_ r S Enclosed is my client' s check in the amount of $ ' 'o • If you have any questions, or request any additional documents please do not hesitate to contact me. Very;tftly yours, Patricia C. Moore cc : East Enders, Inc . — i ;-s!,}, .",,r NY005-Ba td Sale Deed with Covenant against Grantor's Acts Individual or Cog ,(Single Sheet)(NYBTU 8002) ' r s., ', us CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE,made the 2nd day of July ,in the year 2002 , BETWEEN 'i! I'r. • ' ` ;`,N t`'j k�-`- I,:�°° 1 �lr 1 ,1 6A MAIN ROAR INC. a r ,.1,, i' n' kr-- I,:, , r a , N New York Corporation, with offices at °r, i'i,="---='- ---- 1;111 6�0 Main Road, Mattituck, NY 11952 :,,, 1� 'i' r l F., AUG, 2 , )2 h �� " s.— ' }'t\ party of he first part,and • ' _ ____S EAST (ENDERS, INC., a New York Sub-S Corporation, with Offices at - - ' - - ""'•- 100 Dam Street, New York, NY 10013 „ ',,,':,t'_'' ',.' -,,. party of the second part, =ti° " .- WITNESSETH,that the party of the first part,in consideration of Ten Dollars and other valuable consideration 1' ,.,,r,'''.,,,;','„'.:r ` ° ' paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or fir.;''''-"',:'_ successors and assigns of the party of the second part forever ;fA- ,I,,'.,' '' , , ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying r•� ' !x,. r and being at Mattituck, in the Town of Southold, County of Suffolk and ` State of New York, bounded and described as follows: BEGINNING at a monument set on the southerly side of Main Road (NYS Route 25) distant 150 feet east as measured along the .'{ Tax Ma southerly side of Main Road, from the corner formed by the '1-' r F,'-='' ' Designation y intersection of the southerl side of Main Road and the easterly .y ' '•f side of Bay Avenue; 5 -4. ail RUNNING THENCE alongl) _,A. :'i' Dist.RUNthe southerly side of Main Road, North 51 :'-I .`�`''.7, ” - ' 1000 deg. 50 min. 00 sec. East, 50.0 feet to the land now or formerlyof Boucher; ,"I " RUNNING THENCE along said land South 23 deg. 29 min. 40 sec. s'9, ' Sec. 122.00 East, 200.10 feet to the land now or formerly of P.W.K. Enterprises • Inc. s- 4,,11 Blk RUNNING THENCE along said land South 51 deg. 50 min. 00 sec. c.j 03.00 West, 50.0 feet; r`;}„sr '•, + , ' RUNNING THENCE still along the land now or formerly of P.W.K. r ', ', •4-,W''' - Lot(s) Enterprises Inc. , and along the land now or formerly of Amerada '� ?.. :_ 009.000 Hess Corp. North 23 deg. 29 min. 40 sec. West, 200.10 feet to the l'•� southerly side of Main Road and the point or place of BEGINNING. iv ,t SUBJECT TO all instruments of record. j k �,.i - BEING AND INTENDED TO BE the same premises conveyed to Grantor 3z • by deed dated 8/10/01 and recorded 9/26/01 in Liber 12143, cp 935. '1 i" TOGETHER with all right,title and interest,if any,of the party of the first part of,in and to any streets and ,”"t " , roads abutting the above-described premises to the center lines thereof; TOGETHER with the appurtenances 1 and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD :_isC the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of 't i.; �( ,;,--,the second part forever. it ': ,t � ' , AND the partyof the first part covenants that theparty of the first part has not done or suffered anythingwhereby { the said premises have been incumbered in any way whatever,except as aforesaid, f' = AND the partyof the first part,in compliance with Section 13 of the Lien Law,covenants that the partyof the P i' first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same ;7 first to the payment of the cost of the improvement before using any part of the total of the same for any other ii, i, r.t the word','partAshall be construed as if it read"parties"whenever the sense of this indenture so requires. lk ''' 3 IN WITNESS aR 'Mk,the party of the first part has duly executed this deed the day and year first above i.*, il written. t' - IN PRESENCE OF: w '` ,1, C' s' 1 11 60 MAIN ROAD, INC. ' '' /-1 /47 i, pPb : . I: CIFARELLI, P• S. 'l' . I! it . ;,. — State of New York' my of Suffolk )ss.: State of] 'ork,County of L•. }ss 'I ' On the day of '- .2u1 y in the year 2002 On the day of in the year l' before me,the undersigned,personally appeared . before me,the undersigned,personally appeared t DAVID CIFARELLI , personally known to me or proved to me on the basis of satisfactory personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is(are)subscribed to the evidence to be the individual(s)whose name(s)is(are)subscribed to the within instrument and acknowledged to me that he/she/they executed the within instrumentand acknowledged to nie that he/she/they executed the same in his/her/their capacity(ies),and that by his/her/their signature(s)on same in his/her/their capacity(ies),and that by his/her/their signature(s)on the instrument,the individual(s),or the person upon behalf of which the the instrument,the individual(s),or the person upon behalf of which the individual(s)acted,executed the irrstrvrn t. individual(s)acted,executed the instrument. . Not!ry Public •` MOLLY T.PEWCANE Notary Public,State of New York 1 Suffolk County.4631730 Commission Expires April 30,20 ACKNOWLEDGMENT FORM FOR USE Wri NNEWYORK A7EOIVLN. AmrolITEDGIIEN 'FORMIOORUSE OUISDENEW YORESTA7EONLY: (New York Subscribing Witness Acknowledgment Certificate) (Out of State or Foreign General Acknowledgment Certificate) 't , State of New York,County of }ss.: }ss.: On the day of in the (Complete Venue with Stale,Country,Province or Municipality) year ' A 1 ` before me,the undersigned,personally appeared On the day of in the year before me,the undersigned,personally appeared the subscribing witness to the foregoing instrument,with whom I am , personally acquainted,who,being by me duly sworn,did depose and personally known to me or proved to me on the basis of satisfactory '.!,i say that he/she/they reside(s)in evidence to be the individual(s)whose name(s)is(are)subscribed to the within instrument and acknowledged to me that he/she/they (if the place of residence is in a city,include the street and street number,if executed the same in his/her/their capacity(ies),that by his/her/their :1 any,thereof); that he/she/they knows) signature(s)on the instrument,the individual(s),or the person upon 4behalf of which the individual(s)acted,executed the instrument,and' to be the individual described in and who executed the foregoing that such individual made such appearance before the undersigned ;s'' instrument; that said subscribing witness was present and saw said in the /i execute the same; and that said witness at the same time subscribed (Insert the city or other political subdivision and the state or country or f his/her/their name(s)as a witness thereto. other place the acknowledgment was taken). ,a i `•s 1 § BARGAIN&SALE DEED ,r,i• WITH COVENANT'S AGAINST GRANTOR'S ACTS TITLE N0. DISTRICT ] SECTION 11160 MAIN ROAD, INC:. BLOCK i LOT 1 TO COUNTY OR Town EAST ENDERS, INC. ;IIRECORDED AT REQUEST OF 9 Fidelity National Title Insurance Company of New York RETURN BY MAIL TO 41 FIDELITY NATIONAL TITLE INSURANCE Brown Raysman Millstein Felder kCOMPANY OF NEW YORK & Steiner LLP :4 INCORPORATED 1928 l 'CGft,. d4Fidelity-OA./ 900 Third Avenue Member New York State Land Tide Association New York, NY 10022 ;l '0 'i w I 0 u. ` O I= co z , ' l ¢ O $1 w ccO ',i w 1 Cl) , O 11 ' U a a l in I w i > , I w l Q `)1 ( a.� • • • ._. ,. • .41,w £C ►&Vnn IYLti14es-0020iNsA. 1❑ 416)802 VICTQ&UNSAID,ARD,£dsir ncifel e HANAIS,Svrier visor CIJ 'F;9 1iO1MDLCt� Sanicr , Southak!'Y4vm Hall vlNcs#�T it.WIZRRK,ordta.nce , r P.C.Box 1170,53095 MAN Road ROBERT EOM Assistant The 44. So++dson,New Ya.k 11971 Rvliateg iaepecton t ' ';: Fax{5I6) 65 1823 GARY PM HER. '1h*lac+kona(516)766.1600 OFFICE OP BUILDING INSP'ZODOVc TOWN OF SOUTHOLD Anri1 22. 1992 • • TO !Whom 3t may aoncerni Please be advised that t e property situated at 1160 Min Road, Mattituck, W.Y. Suffolk County Tax lap 111000-122-03.09 Is in a "b" Zoned nistritt, and has a One i7aoi•1y dwelling and business atrueture on said ptemmiaea. vow� tYu Tf3Q - X* SO LD • ��,BUILUI)G !!PT. )4,41 '14, : RAIL. victor i,saatd, PrinolPs1 building Xnapector VT,:gaz • \\ \\\ r tt a""'—• Z90Z-96Z-l£9 earl LAN Z£ :L LCOZ'L£�aqo-�C'Cepseupah,� LO'd • • t 1'rt4.1'I • -rp4r04.hvrLL s rr,urf PNU. • 44444fb.'1-54 T rtpr. rJG 1tvnl LG.14r1.1 r1 1 • Apt 02 01 03147p nharlti lavas t71.414Za-Born p• 11 a II rrr . 1fr.4 CNV 1 NMI KO.tr i' 'TOWN OP IOLITHOLO IDILDING D AritAiNT TOWN CII.iRX1 OM= m anilaD. N. Y. 61231 . nalnifk OMIT i 330;4.,. ' • (PHIS PERMIT MUST SE KEPI'•OW Th2 POMMES UNTIL FULL , caMaL!'rloN OF T141 weit!t AuY' o lzsrn • • N94815 • z • Deas•••.../•a..l...w.e.l►N•AVIA•.•... MAI 4,19.1.111•6 1I ' ' • Permission bile/NW drontsd tee ,--0.,7. • • —-..--:1•;-,* - .. .. iH114H114ttjv�11y`yrj�yT•{�i�.l�Tt •hiM1••.1...M,MH /11MIU.• MM111M•hN•MI`0.1IRIS+NMfI•MtM•••IIIMHIM/wM1111•MMMII• • • • I • r�••��`y �}q� Y.l-- +u_,y� ••MMn••••••••••••N•Y••�(•.�...,.. � , PS ••..••.tr*SI. ..04.111 «*..a •f t� 1..I ,.•1)4.�T1.(I1: M11LA AIF . 111MI.N•MIN IN.41•MIN.N PINS/� 1MW,111111•1.i,.1N.$. .1411 .14.1..i N.1....•••.•..•11 •• .. gt s Iacatad gt1t1 1 •NyM •N. ••N...• ..•11\,x� +• NNINM1t 11 MM/1H 11MI HM11N1111.w1N.I t.....Nr•••.•••.• ..•i .......NMelm.N••.••1..t.....w .,M itladr•t•I.3141311b•••• , 11041116. .4.11•••401.111410.01t•I 1,u•.•N••u..N pM.nN.N.•./.wI..NMw..n.•••uMINNeMwna.41111114'/N111M11P11h11111M11M111Mt11/1N1,M 11h1Mseg pm....t 111111.1.11 PtalU l,t tslldtttlan dat.d,«,..- •�1dd ' e., o er ........P.,�..,., I0:170.; aryl appEcwd by the aufding irzavrlctor. • -:r . L• ,1.14.1..•••\14E3R/daft ••.rN•.'.. N••MN•••..•I..N.. • .•• • •1 Buliettog i\V •" 1 '. c\lt\cG • . • '4'1 { I ra \ \' — o o ZO'd ! Z90Z=88Z-IL£9 nail VJV Z£:L. L00Z Ja l£ q 0'de Psou a p 1\1 11 ` J ',11 I• 1 r a ) , • r' I TOWN OF 5OU1KOLt! BUSLOING DE'ART 'v Of5co of dm building Inspector Town Ha southa14.N.Y. Certificate Of Occupancy. MiR ay ? ... .,... 9 . . Nct13h18 Dalt ,,. . '�3�$'>"lF1ES m ed ..,. . . M a tt i t u c , LOCstton t y Mott •flot 1 dNe�t 9, ...... ila c Mi� Block .Lot ,. Ooonty Tax�p No.1000 ........ ...Pilad Kip No. ........Let No. ' $uy�dit'lii+0t1..........•...••.. i„erctali�td S'ekd ht fide *Me*anted conte cut�nant tY 10 the Appflolioe for Building Wynn .............. . . S � ,;rrswat to which PenultAia2�?a t .I�gY,..t.4..,...,.,.. 4� ,p ofthe� tte 19 5 W14 igued,Ansi contour.:to till....►lqv�,,'G to . .., .. at the 1 W.1•ha occupancy(br wl+ich Ling tart%C1 dl Is sued ' Of kilt:�ppjkcbie ptpvi>tt� ... .8140.4.110.Ad4t •i.gA.'r,4 001044 t . .. .. The elrttneate le!swill to ,...Ag4jtier.0?f,AtIci?jonY"at+Y".�j 114t4t7t iQif X of tilt Anvoid buttdLnQ• .• ,,. .....�rA . Suffolk County of Iieelth AApr UNDERWRITERS ... t;RSCERT[FICAYC110. .. .... ...............til ....... .. • BniddSnt Impactor Ole•.Bret p d —! Z90Z'68Z 6£9 earl Wy Z£:l l, tCJOZ'Le 10gop0'Aeps®upa\ 4 \ 31 r`' l'il't\___r__---_ , • nfr uG u♦ �ro44op vno,•�es ♦evato- ..� 1'OAMI%6 TOWN OF SOUTOLO h(It CDNNO DEPARTMENT OCtice of the auadtng tnspectot Town Hall Southold,N.Y. Certificate Of Occupancy • No. .;1 . tutu +i x.7 ,,......19 5. TUtS CERTIFIES that the bulWltte(1d4 f t eu iccelenorf'topetlp 11160".Kd.•#P..t1Q,d Mattituck r#oentke .trout Hondo County Tax Map No, !Wu Section .??.'ti.,, ,, ,.dock 3 _...Lot 9 9ttbdtrieton , ,,.Flied Map No, Lot No. aenformt;a'sbstantt*+tt7 to the Ap$ilcatloh tot Betiding Fmk heretotore Ilte41 !o thtti office dated '''.41V,I,k,)9 , 198 .purroaut to which Eaildins htntit No, 1388 5 2 dtltdl At?r t.1 ?2 t "�,, $lnut4.and eanfotmt so ad of the taqulren,ente • of the$PPHwbie pta,Wats of the law.The occupancy for which thls ee?tifpc to Is katal to ion,.40.MAotinE,b .t.1ding The cettlfkatelsietued to a}f►`att .t. Kron ' P0rroer,7014 0/xt eitYii' of!I:e>stin old bulldint. Suffolk County Department°CHUM Approval ...N/.4.,, UNL RWR2TUS CPAT1FIGTi3 NO, • 4010.-4 Uulldtng tnspectar • e Y.tot • y�'d Z9047.-96Z-1•C9 e°fl W d Z£'L 6 LOOZ 'l£legoloo'Aepseupam • t� LfUI�. t 111-11 A I , � 1 I • TOWN Of SOUtHoLD IRMOt@IO IMPARTMENT OUMI H?FrFICE C1wPTIFICATE OF OCCUPANCY No. Z 1'621..,. .... Dere ..,. ..., ..... 17 ftt► THIS CERTIFIES that the buikiihq lecnrc jj of .. /�....j 1.A.I3ond...r.L� ' �..,.._ Strnr:l Mop 4o .,... ....,.Block Me. Lc* No. ?4T+......... .t.t tuekt colootout stkettentioHY to the Attt,llcdtier tet liulldino Permit korotdkte Med Its this offic0 dated OaAxcSslltl .. ..63 pureuent to which Dutldinp Permit No. ..,....21q x • staff i, ......�lAI? lobfl?E....P .., 14„ ..,wos-Issued.real conform(k all of the t♦ouirosxnents el the orrIkrySle ornvkiant at the luw, Tho ooe..o4,Mey la r.klah 4t+;4 sortl}Icata Is issued h ...... PrPA7.1 9,..QF4ft., 041.1.. r, ,?, ae..Cb3il,4 Ran„ ....... Tho cartliicote Is Issued to .... &�tu�ine...IQuL1Ay.,. . „ � • I<,wrrer, lessee or tenant? of 1h9 ofaret:etd bultetihg. thAtdlns tropaelvr • • c,�C'd ZOCZ-'d6Z'L£9 earl INV Z£'I.6 1.I0Z 'l£laqu,o0 'AepsaupaM, ��1 I f f!1;1.1' 1ci=1j 1 %71 1\J t L� - -� PROJECT I D NUMBER SEQR 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—Project Information(To be complete by Applicant or Project sponsor) 1.Applicant/Sponsor2.Project Name /45% 0.7ders / --Aux._ - 3.Project location: Municipality County // /(a 0 Mat tri P-490'61, fr1 a th .fig c% 4.Precise location(Street address and road intersections,prominent landmarks,etc.or provide map) - /000 -- , /aa - 3 — 9 5. Is proposed action: ( )NEW ( )EXPANSION (X)MODIFICATION/ALTERATION 6.Describe project briefly: AH-c.,,- .Qic(57-4-yic bvs//y ss 6(...f.....--/cki r�g A e4. cn/ted USS /Ses cle,� a-1 Use /_ yo�os�e/ �qis/a �trnen ( �vs�rrtr� l�j 2o�/rt<� �re�vl/YC(. ).7.Amount of land affected: Initially: /O/ y O acres; Ultimately: /0 O' ry 470 acres cCA(1e,o 8.Will proposed action comply with existing or other existing land use restrictions:A)YES ( )NO If No,descnbe bnefly: q6 B 0 5//1.1 c c 6 _ f,�r,rrn//CC/ uses - reg v/ el'it'a ✓a---/i(2.17« { er ,5brvcture 9.What is present land use in vicinity of project:(describe): ( )Residential ( )Industnal 9)Commercial ( )Agricultural ( )Park/Forest/Open Space ( )Other 10.Does action involve a permit approval or funding,now or ultimately from any other Governmental agency,(Federal,State or Local)? ( )YES 9Q NO If Yes,list agency(s)and permit/approvals: 11.Does any aspect of the action have a currently valid permit or approval? (X)YES ( )NO �Iff Yes,list agency(s)and permit/approvals: L C - � l/5//+iii! U//�il7 �G�G2C�EJL ked 4441-e . Pre- (7Df 12.As a result of proposed action,will existing permit/approval require modification? ( )YES ( )NO If Yes,list agency(s)and permit/approvals: that the information provided above is true to the best of my knowledge Applicant/Sponsor Name: /4,11." Date: O7 Signature: If the action is in the Coastal Area,and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: &S i Ehdeis - hy /14 (chacl Razz__ (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Change of Zone Approval of Plat Exemption from Plat or Official Map Other If"Other", name the activity: Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO • X If you answered"YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C)an officer, director,partner, or employee of the applicant; or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this /ii da f A/ VST 2D � o Signature: r Print Name: /vl(Mac/ i Town Of Southold . r P.O Box 1179 - Southold, NY 11971 - * * * RECEIPT * * * Date: 08/27/02 Receipt#: 3421 Transaction(s): Subtotal 1 Application Fees $400.00 Check#: 3421 Total Paid: $400.00 Name: East, Enders Inc 11160 Main Road Mattituck, NY 11952 Clerk ID: LYNDAB Internal ID:61958 _ p FORM NO. 3' --1.-\\ Fit,-71-2-7,„ TOWN OF SOUTHOLD BUILDING DEPARTMENT rg, SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL ---- -- --� b°3DATE: August 16, 2002 TO Patricia Moore A/C Lisa Ciferelli,c 51020 Main Road Southold,NY 11971 Please take notice that your application dated February 12, 2002 For permit to make additions and alterations to a commercial building/single family dwellin_gat Location of property: 11160 Main Road,Mattituck County Tax Map No. 1000 - Section 122 Block 3 Lot 9 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations to a non-conforming use, on a property measuring 10,890 square feet in the B District, is not permitted pursuant to Article X, Section 100-101. A window cleaning business/single family dwelling is not permitted in the B District. In addition, the proposed addition/alteration is not permitted pursuant to Article XXIV, 100-243.A., which states, "A non-conforming building with a non-conforming use shall not be enlarged, reconstructed or structurally altered or moved, except as set forth below, unless the use of such buildings is changed to a conforming use." Total lot coverage, following the proposed construction is eight (8)percent. Auth•, 'zed Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. Cc: ZBA, File TOWN OF SOUTHOL n 1 [ , 1r ; BUILDING PE— IT APPLICATION CHECKLIST BUILDING DEPARTM 111 , ;' t' Do you _ or need the following,before applying? TOWN HALL I J F` r 2 2002 ;t`� Board of Health SOUTHOLD,NY 11971 3 sets of Building Plans TEL: (631) 765-1802 M in_oG rcr Planning Board approval • FAX: (631) 765-9502`'¢ •a'f. `':'=:''-'-=.= DSurvey www.northfork.net/Southold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined ,20 Contact: Approved ,20 Mail to: Disapproved a/c Phone: Expiration ,20 Building Inspector APPLICATION FOR BUILDING PERMIT Date , 20 INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets 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 or areas, and waterways. c.The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a peiniit shall 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 what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize, in writing,the extension of the permit for an addition six months.Thereafter, a new permit shall be required. 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 Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances,building code, h sing co e, d regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name,if a corporation) 02-0 Mao' ��( c)62(-0, (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder 744fretr73'c-7-. Name of owner of premises /4 cCil a / �u Zz (r-fy-ou.,_67 Li sc C ce-i' c (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which prgposed work will be done: 0/60 &lam fLoad, /11 4r/016-- House Number Street Hamlet County Tax Map Nd. 1000 .Section /.• - Block 0 3 Lot C), Subdivision Filed Map No. Lot (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy b. Intended use and occupancy ZU5 mess 0 Se s-",--e t211-- `l 3. Nature of work(check which applicable): New Building Addition Alteration x Repair Removal Demolition - Other Work e e lace. 1--re � (Description) 4. Estimated Cost Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. • 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories ` 9. Size of lot: Front Rear Depth 10. Date of Purchase 7/oz Name of Former Owner („D (./-ed (31,j'`dl r 11. Zone or use district in which premises are situated 4u3tAe..7_, ,6 • ' 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded? YES NO Will excess fill be removed from premises? YES NO 14. Names of Owner of premises Address - Phone No. Name of Architect Address . Phone No i, • Name of Contractor Address Phone No. . 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF,S4o/(L) Pa2C-€4 C- 70Dr` being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract) above named, (S)He is the , • (Co (factor,Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have perfottued the said work and to make and file this application, that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this / day of . 20 61-- - ,.v ' A. - "� ___ '',o/ Puelic Signature of Applicant JOYCE M.WILKINS Notary Public,State of New York No.4952246,Suffolk County Term Expires June 12, C..)U? - r - • . • I ...... , .. , r , , "t :� R „.., .._ „„,,,,k , .,0 _ ,_ . ....,,, , , 3 vas t ; t � ifb'i �� C. { , 6- • .- _.., ,,,„...,,,ii,.....„:„.,,,,..,„.....,„.... V i "Nt _ ' .„2.1, 40 _.4:.„V:'.;'',,-,-'1,*-.":.,!-,t, !7:'''''' ''''''-''''':V.,K;..,-"T,'',7.,3:-7. , ... . . , .. • . t., ; ,,„, _ .,. . ,s, .........__...;,....„.....,„ „,_„...,..,,,,, ,___. , v , ..„,„;_..„ ,___..,..4,,.,..,,,,,,,,.„,..„, _ .. .. . F. .c,1',=,'4,..;-/- ,. .4: ) 't-,"t'\.L,-,-.-.-3t-,..,,.... ..„ , ii 'p4 it , 5 - ,S. .. ^`-.. .bb:.e--, =-.:,'•`.v;:: '-3 r. f+' 1 lam. ` % ` 1, ,c '-- R s i I rfga�r ( 1 1 t -� %”' i N` a^- r' • ,fit- .. `........_� a PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Melissa McGowan Secretaries April 11, 2003 Southold Town Planning Board Southold Town Hall 53095 Main Road FC F,POT1) Southold, NY 11971 APR 1 5 2003 Re : East Enders, Inc . Site Plan ZONING BOARD OF APPEALS Dear Chairman and Board: Enclosed please find a copy of my client' s title report which states that the property is conveyed together with a right-of-way. I have included a copy of the deed from a predecessor in title which clearly describes the use of the adjacent 25 ' right-of-way. I will discuss your other concerns with the owner and advise the Board accordingly. Very truly yours, Patricia C. Moore cc : Zoning Board of Appeals w/enc1 - - -I ,_g:,==M 7 2002 12:20 FR CHAI 10 TITLE - 516 746 7074 T 2128952900 . P.08/32 CHICAGO TITLE INSURANCE COMPANY SCHEDULE B-1 Title NO.: 3802-00683 The policy will not insure against loss or damage land the Company will not pay costs,attorneys'fees or expenses)which arise by reason of the following exceptions unless they are disposed of to our satisfaction: A Taxes,tax liens,tax sales,water rates,sewer and assessments eat forth in schedule herein. NOTE: If the subject transaction Is one involving a sale subject to the mortgage(s)returned In this exception,end since many f3 lenders now have the mortgage Instrument,state that the debt will become due and payable at the option of the mortgagee upon any transfer of tide.It Is recommended that the applicant examine the mortgage document(a)as well as the note(e)and bonds)and any agreement modifying said mortgage(e)or make Inquiry of the mortgagee of the current terms of such instrument(s)especially with respect to acceleration at the maturity data In case of a sale.Upon requaet,wo will obtain and jurotch a copy of the recorded ' mortgage(e)for cost. C My state of facts which an accurate survey might show. or Survey exceptions set forth herein. D Rights of tenants or persons in possession. 1. MORTGAGES) ( NONE) AND ASSIGNMENT(S) THEREOF AS DESCRIBED IN THE SCHEDULE ANNEXED. 2. SEARCHES, INCLUDING BANKRUPTCY, HAVE BEEN RUN AGAINST THE NAME 11160 MAIN ROAD, INC. AND RETURNS, IF ANY, APPEAR HEREIN. NOTHING FOUND (BANKRUPTCY HEREIN) 3. IN ADVANCE OF SCHEDULING 'THE CLOSING, TEE COMPANY MUST BE ADVISED AS TO THE IDENTITY OF THE PROPOSED INSURED AND OTHER INTERIM GRANTEE(S) , IF ANY, AND ADDITIONAL EXCEPTIONS MAY THEN BE' ADDED. D 4. PROOF ,OF PAYMENT OF FRANCHISE TAX ON 11160 MAIN ROAD, INC. FROM INCORPORATION TO DATE OF CLOSING IS REQUIRED. REPORT REQUESTED FROM STATE TAX COMMISSION. 5. RIGHT OF WAY IN LIBER 2528 CP 285 AND LIBER 4943 CP 90. (SEE COPY) F' 6. NOTE: A REAL ESTATE TRANSFER TAX (EAST END TRANSFER TAX) AFFECTING CONVEYANCES OF REAL PROPERTY IN THE TOWN OF SOUTHOLD BECAME EFFECTIVE ON MARCH 1, 1999, AND GOES INTO EFFECT IN THE TOWNS OF EAST HAMPTON, SOUTHAMPTON, RIVERFHEAD AND SHELTER ISLAND ON APRIL 1, 1999. THE PECONIC BAY COMMUNITY-PRESERVATION FUND FORM MUST BE COMPLETED AND THE TAX, IF APPLICABLE, MUST BE PAID AT THE CLOSING OF TITLE. • 7. SURVEY MADE BY STANLEY J. ISAKSEN, JR. DATED 7/9/01 REDATED 8/9/01 SHOWS A 1 STORY BUILDING WITH AN ATTACHED MOBILE HOME AND WOOD PLATFORM: FENCE LIES 1.1 FEET WEST OF PART OF WESTERLY RECORD LINE. VARIATIONS BETWEEN FENCES AND THE LINES OF RECORD TITLE. POLICY WILL EXCEPT ANY CHANGES SINCE THE DATE OF ABOVE SURVEY. 8. FOR INFORMATION ONLY: ALL REQUESTED MUNICIPAL SEARCHES HEREIN. 9. DISHONORED CHECKS - FOR INFORMATION ONLY: BECAUSE OF PROBLEMS WE HAVE HAD WITH DISHONORED CHECKS, NO UNCERTIFIED CHECKS FOR $1,000.00 OR MORE WILL BE ACCEPTED UNLESS APPROVED BY MANAGER, ASSISTANT MANAGER OR COUNSEL. UNDER NO CIRCUMSTANCES WILL THIRD PARTX OR SELLERS CHECKS BE ACCEPTED IN ANY AMOUNT AT - CLOSING. CINHWBt ,/1 2002 12:21 FR CHAI!' °,0 TITLE 516 746 7074 T 2128952900 P. 11/32 . ��' -1 i `� / .- r a ` { - - .. J r C',./c.)\--,< \'-iCV . 1 ; ), �/ N ��, l ,hti� ASO tb' lie ".`' -• les •at �ti 119 le ti !'s �-, �8 sds ri 455 485 ,5 '1 119 ' ~$ ^ti_ V # 'y' 442 ?, las ,e-V, r` .,, les. 4?-41;‘;4k. 44 . \.413d; 14sA. Al. 33.) $ �01 �'� 183 N 0 . . , , r' '�� ~ eco .. r...., Q7.` _. a5 / 25.2 s 6g B5 . , > ►�� r 3,� / 1,8A(c) 61 tta• . _.ry..•{ r - ISD 52 75 x9 . 16 74 tib' '` .�� '"'- -fib •. .. - ._. • 15.1 - ills Vili • • • �, • 210• 60¢ iS3 Vii* p u� . �' 34.1 S11 r r �� rr - N`b ,• `�'r 1�5 ` F 12 13 14 26 �, _. 120 - :27 28 29 30 31 a, 120 • 9Q` ' 90 . 50 0 55 65 120 -- 3.3° � _ Eo LEGION RD. (501) 36 • X02- 00� �' - !c' I OQ� ^ n---0., '3 --- I FROM : RDA FAX NO. : 212229800 Mar. 19 2003 02:26PM P1 aa �� Eastenders, lnc. Q 15 �j �`�k1o3 P.O. Box 1739 u ria75) Mattituck, New York non TO: Members of the-Zoning Board of Appeals FROM: ('fail Dessimo-r (DATE: March 19, 2003 RE: Application Number 521() 11160 Main Road Mnttltuek,New York 11952 The above application has been filed with the Zoning Board of Appeals. We will endure a severe financial strain if the business looses this summer's season Therefore,we respectfully request that this application he expedited in order For us to he up and running beginning this summer. Many thanks fat ,your attention to this matter. Sincerely, Michael Racz /Gail Dcssimoz i. � • rN GO PEIX & MARCHETTI l _ r ARCHITECT S LLP MAIN RD., MATTICITUCK 19 WEST 21"ST Na401 NY NY 10010 • TEL 212 675 -1555 FAX 212 675-2255 30 Jan a 2003 12.6' 22'-3 5/8" 13.21' Cps/JOBS/GO/Drawings/Plan for Application # 5211] A -r- N..L d- —r 10 • EXISTING Q SECTION .-• 12.5'x 12.6"=157.5 sq.ft. Qor ir , _._,_ EXISTING R SECTIONitilv.ri: iiiiii 45' �/ 22.3'x 18.8'-419.24 sq.ft. 12.6' :: . .:..::.... ..:......•..'.:'.'. .:. ...:....... .'' .::. '.. ' #y". .. .•....'•.... . ...... .•','.£}EISTH IO TRAII:ER:• .:.:.:.::.:.:'.. :,..... o / ;' . I O•BE REIvIO�ED, .'. ... 9.5' - ;- •_ '''N, s --t- /,'S r,-,- ....z.-..„,S 3 <7; EXISTING S SECTION 4v0,vv h 9.7'x 12.8' 124.16 sq.ft. '''' i --; Q c..,�' ^ 12.8 l t_: . I ii ,� EXISTING FOOT PRINT NOT TO BE ENLARGED k-4 ,,,,,,,„ ',,.,,, e i „..e. I 4 ===== . REMOVE EXISTING SPACE T [45' X 8'] = -360.00 sq.ft. 0 . A ADD SPACE A [9.7' x 12.6'] =+122.22 sq.ft. AREA EXCHANGE �� ADD SPACE B [13.21' x 18'] _ + 234.78 sq.ft. [path;sorer/)OHS/GO Plan for Application#5211.dwg]dwg] TOTAL ADDITIONAL SPACE +360.00 sq.ft. NET CHANGE IN GROUND FLOOR FOOT PRINT= 0 sq.ft. • _ _ `t\ •--. f. ., I '(h.71, ... 10 • j • rDECK j=1—{ „z ' i. KITCENETIE ' . .---- DN i T HALL E U -j -so ab APARTMENT r py (11 CL N H I ay xUI N y to r f� BATH STORAGE - �' t 0 `^4 U x o , b ni o n rb L 1=_ ri I1N x W N N ch Z J '` til U r H I U 0o r y ELEVATION FOR THE U o ro )-4 UPPER LEVEL THE ROOF ABOVE THE SECOND LEVEL OF THIS BUILDING WILL BE SLOPED. V=k -' THE MEDIAN ELEVATION[the half-way point between the cave and ridge]OF THIS SLOPED ROOF(OR ROOFS)WILL NOT CA EXCEED 34'11"ABOVE GRADE. ,Sse O PROPOSED PLAN: SECOND LEVEL \-\"-r sOva o z • y clN m0 BO 3 w 4- *f 0 . iii a - - G it - ,, \\ •-... ,bi,'?' s-,' (. •i, ., . :-• , ..: c) • i. J' 0 II II j • II : , — EXTERIOR y �] STAIR UP TO 1t' ,`, ,'\ ,' 1 f SECOND LEVEL • ,. '' ,'( . 7 LANDING • _ `- 1- F- l` , ABOVE • _ E -k„,.,.. ��`. _t„...,-,v,// n 1\ .UP approximately —•. $ ='•e ->"6 rr+ I I I Is'floor to floor �f?Itry -' 1 NEW AREA ` •— - WAY STAIR TO < BASEMENT ' BELOW • It--5I `' yb m 775.25 sq.'. ELI'KITCHEN o a H (I x SERVING u N x COUNTER 228.76 s .ft. Ell q . U H REFRIGERATORS • Inx Iz ab •n > CI It---1=-3--,===-- ......QC0,11 N 10z)3ATH . N- z x til 45.74 s1. ..1 rH NN O O r ,_i SIZE of BUSINESS RELATED AREA CASHIER U 1•0 AREAS ON MAIN(ENTRY)LEVEL ---- < RAM11{JP 'UP DELI-MAIN SPACE 775.25 sq.8. DELI KITCHEN 228.76 sq.f. .. DELI BATHROOM 45.74 sq.ft p ' TOTAL FLOOR AREA MAIN LEVEL 1,049.75 sq ft \ AREASSECOND PROPOSED PLAN: MAIN LEVEL o DELI STORAGETORAGE 642.18 sgfi TOTAL FLOOR AREA,Tad LBVEL 642.18 sq ft• 1/8"=1'-O" r - , C_ TOTAL AREA ofBUSINESSUSE o D TOTAL FLOOR AREA,BOTH LEVELS 1,691.03 Rt. H Z , Cl As ooted8'dimmsionedon Pim B- O • (Proposed Plea of Second Level) ... APT.LIVABLE AREA 407.58 sq.ft. Y. N m O TOTAL AREA of BUILDING - Q BOTH-LEVELS(MAIN 4SECOND) 2,099.11 sq.R 3 (A Q. sZ 03 Q I FT k • ,-9_, -r... M riv 6-77 Z. Atii.d/774AMI-6 /91ei.--1 I , - 1 6.3 0 --; - > ,- Co T c .., L'� I Ii ' 0 eiDev ,7"e' ,/lefv_S . -t V ‘ J., ... - N r /'S� X • O n.XL. . u 'T' Iy..�' -a 22'-3 5/8" 13 21' x - H 1 '0 � fro i 12.0' 11 �� Z{ r ►�+ J. • `t� 0 1.17:-"I X pa �.�' �Ik` t N 3 1 : "' izS1NG o sEci:ox n N I25'z]16'-1573 s}R I 7 xi rt 'y' vs...+a . „iYi; 45' CF f - EMSTINCr R SKI IONS ,r t r J' .._ i V�. /".r:' /� it7 e • // T, EXISTING T(Zili=R ' ''il; I(< 6p /` 1 TO BE REMOVED I�co 7' I, / / � f'� 1 b'c 8'—242 soft A /moi"�f ,;.l !...-.,:r.../.1...... .„.., ....-...._._._ate.__,. 1 /�/i�,//1 I.a j/ / .. ............ .. 9.5' / .• r% ��. N �./ >/�/,%;' ,/ N 01 / n ` 6 EXISTING S SF.GTI•:" It�M yt�� 11 `� 9.7 c 72.g'=:IL-I6 aq•9. I' 7 (J1 pri- t 9 0 4' / — ��/// EXISTING FOOT PRINT NOT TO BE ENLARGED al (j I 128' I r I III fi `t � 1 t EDi i1411;f I viill/11 ' C77_J REMOVE EXISTING SPACE T [45r X 8'] _ -360.00 sq,ft. PI 044 =23 ADD SPACE A [9.T x 12.6'] =+122.22 sq.ft. Z' w�Ari ADD SPACE B [13.21' x 18'] _-234.78 sq.fl. ti AREA-0EXCHANGE �,o TOTAL ADDITIONAL SPACE = +360.00 sq.ft. o ie-sillil ' [vc•'cr.,-..MS-'W •I'hn f..pp.al•.m+52 1.lwgl J.g; N - NET CHANGE N GROUND FLOOR FOOT PRINT=0 sq.ft.J • PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Melissa McGowan Secretaries February 26, 2003 iII 1 1 Southold Town Zoning Board of AppealisEB 2 6 0j Lydia Tortora, Chairwoman and Board Southold Town Hall ` L 53095 Main Road Southold, NY 11971 Re : East Enders, Inc . variance Dear Chairman and Board: I am in receipt of a notice dated January 17, 2003 , in response to your request are the following: 1 . Notice of Disapproval dated August 16, 2002, amended 12-6-02 and last amended on February 26, 2003 : In response to your letter, the Building Department has clarified their notice, they do not issue a notice of disapproval for a use which is "permitted" in the Zoning Code (Deli and/or other permitted use) . Their notice of disapproval has been corrected to identify two issues : A. (100-243 A) a residential use which is "not a permitted use" is being "reconstructed or structurally altered" by relocation to the second story. Please note that the preexisting residential use is being reduced in size : in the existing building the residential use has a total square footage of 695 . 9 sq. ft . (157 . 5 sq. ft . + 414 .24 sq. ft . + 124 . 16 sq. ft . ) , the second floor • 4 , apartment has only 407 . 58 sq. ft . The Board should find that we are not increasing the nonconforming use but reducing it . B. (100-242 ) We also need set back variances for the structure from two front yards . 3 . The deed is attached ' to the appeal submitted on August 20 , 2002 , however, I have submitted another copy for your convenience . 4 . 7 prints of Young & Young survey with all dimensions shown (2 story structure Deli & Apartment) 5 . 7 sets of Architect' s plan of following: a. Second Level floor plan labeled drawing B b. First Level floor plan labeled drawing C c . Second Level floor plan with measurements labeled drawing D with elevations described d. Existing Building Area square_footage calculations e. Overlay of existing and proposed structures 5 . Photographs of proposed addition to existing building 6 . Health Department Applications for sewage disposal and water supply system (SCWA) for commercial use submitted by Young & Young on February 4, 2003 . The application will take some time for the Health Department to review. This property is vacant and unsightly in the heart of Mattituck. We would respectfully request that this mater be placed on the calender as soon as possible, my clients are anxious to improve the property. .ary-t r y, yours, (.... atrriic'ia C. Moore cc : East Enders, Inc . • 6 j=�'�_ �r��i��"�`.�� s NY005-Bargain and Sale Deed with Covenant against Grantor's Acts Individual or Corporation(Single Sheet)(NYBTU 8002) 441, `h,of `. CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY - n1 THIS INDENTURE,made the 2nd day of July ,in the year 2002 z� 'R=. BETWEEN 1 3:Fro.^ - ".st: , { * ;..,� 11160 MAIN ROAD, INC. a New York Corporation, with offices at le,40.f4--U:---3:f,t • 11160 Main Road, Mattituck, NY 11952 i, f 4.0.1,-;;;12, party of the first part,and "�'• ''i' EAST ENDERS, INC., a New York Sub-S Corporation, with offices at P r re , i';. ,...' 100 Dam Street, New York, NY 10013 ----,,,,,4-Y-,-- - . party of the second part, �� .-,.; � �'.,� ,, �'��-.�- WITNESSETH,that the party of the first part,in consideration of Ten Dollars and other valuable consideration paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or -, �r1' =.`t�•_ successors and assigns of the party of the second part forever, ;r_ w ,54, ALL that certain plot,piece or parcel ofland,with the buildings and improvements thereon erected,situate,lying M ,. ',-.'".','--'.;.- and being at Mattituck, in the Town of Southold, County of Suffolk and sWfw, ,. . State of New York, bounded and described as follows: rr� :1;•,mak'~- ., BEGINNING at a monument set on the southerly side of Main Road ` , • VV (NYS Route 25) distant 150 feet east as measured along the _ s1y r formed he Wit# - ` '''-'- Tax Map intersectionofotheasoutherl fsidem tof Maine Road and they t • Designation Yeasterly is , ,j: '+{r:_ - side of Bay Avenue; -t ;' - -• RUNNING THENCE along the southerly side of Main Road, North 51 Afi 's*�':.. '%'- 1000 deg. 50 min. 00 sec. East, 50.0 feet to the land now or formerly of ,is 04- Boucher• �'.t'. i.-:', i a : SeC• RUNNING THENCE along said,land South 23 deg. 29 min. 40 sec. 122.00 East, 200.10 feet to the land now or formerly of P.W.K. Enterprises E x�u . ��r' Znc.; , ` '- 4 `4 Elk. RUNNING THENCE along said land South 51 deg. 50 min. 00 sec. g44n,,;WaWW,;,'' 03.00 West, 50.0 feet; OftOf RUNNING THENCE still along the land now or formerly of P.W,K. ;�Y� : ' ``` Enterprises Inc. , and along the land now or formerly of Amerada „• • s Lots) `rt-',,i- Hess orth 23 de 29 min. 40 sec. West 200.10 feet to the ifi' . .1-- 009.000 Corp.rP• g• -,,r; ::;',` - southerly side of Main Road and the point or place of BEGINNING- f `. V-'5,:; SUBJECT TO all instruments of record. BEING AND INTENDED TO BE the same premises conveyed to Grantor . ' `;{, bydeed dated and recorded / / Liber 12143, cp ' 8/10/01 9 26 01 in 935'. �t =• TOGETHER with all right,title and interest,if any,of the party of the first part of,in and to any streets and a '., '~:� -�;,.sz'r, roads abutting the above-described premises to the center lines thereof; TOGETHER with the appurtenances .mss ;, _ • t-, and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD r ' the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of : `'" " the second part forever. IV Z ''�ri''t'• AND theof the firstpart covenants that theof the firstpart has not done or suffered anything whereby (1 party party ythin t,f;1,'= '.. the said premises have been incumbered in any way whatever,except as aforesaid. • ai t' L'- AND the party of the first part,in compliance with Section 13 of the Lien Law covenants that the party of the = .%4;,ti''_ first part will receive the consideration for this conveyance and will hold the right to receive such consideration z, ca+'; . as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same ` '=-r'f :,=; ; first to the payment of the cost of the improvement before usinganypart of the total of the same for anyother :; P Ym P - ,▪ '' y.. Ishe word-,arty ishall be construed as if it read parties whenever the sense of this indenture so requires. Vim-^§ii ;:. V.;:',4;=" ' IN WITNESS WIrEREbi' theof the firstpart has dulyexecuted this deed the dayand year first above ▪ ',fir-`,'- + party ''a: written. , p•••'''X',,' IN PRESENCE OF: ;0rt2 i,I��;' 11160 MAIN ROAD, INC. ,• s„ . by: s' ICIFARELLI, P' S. State of New York,County of Suffolk }ss.: State of New York,County of V,A,y V14e. r`` On theA day of July in the year 2002 On the day of in the year , _,�1 before me,the undersigned,personally appeared before me,the undersigned,personally appeared DAVID CIFARELLI -s, { } personally}mown to me or proved to me on the basis of satisfactory personally}mown to me or proved to me on the basis of satisfactory ';� evidence to be the individual(s)whose name(s)is(are)subscribed to the evidence to be the individual(s)whose name(s)is(are)subscribed to the _l within instrument and,acknowledged to me that he/she/they executed the within'insttumentand ackho ledged to me that he/she/they executed the Ory same in his/her/their capacity(ies),and that by his/her/their signature(s)on same in his/her/their capacity(ies),and that by his/her/theirsignature(s)on the instilment,the individual(s),or the person upon behalf of which the the instrument,the individual(s),or the person upon behalf of which the individual(s)acted,executed the instnunept individual(s)acted,executed the instrument 'a Not:'ry Public k MOLLY T.PEWCANE rA Notary Public,State of New York ' Suffolk County-4631730 Commission Expires April 30,20 ® AvOWLEDGME T FORM FOR USE WTIH1NNEWYOB'CSTA7EOrvcr. _ ActrAvIVIEDG EVTFORtrFORUSEOUIsmENEWYORKSTANEOndr, (New York Subscribing Witness Acknowledgment Certificate) (Out of State or Foreign General Acknowledgment Certificate) State of New York,County of }ss.: }ss.: (Complete Venue with State,Country,Province or Municipality) _ On the day of in the year f, before me,the undersigned,personally appeared On the day of in the year ' i , before me,the undersigned,personally appeared " x the subscribing witness to the foregoing instrument,with whom I am , personally acquainted,who,being by me duly sworn,did depose and personally known to me or proved to me on the basis of satisfactory '' say that he/she/they reside(s)in evidence to be the individual(s)whose name(s)is(are)subscribed to 'as the within instrument and acknowledged to me that he/she/they -; (ifthe place of residence is in a city,include the street and street number,if executed the same in his/her/their capacity(ies),that by his/her/their any,thereof); that he/she/they know(s) signatures)on the instrument,the individual(s),or the person upon .. behalf of which the individual(s)acted,executed the instrument,and' ,,- ii to be the individual described in-and who executed the foregoing that such individual made such appearance before the undersigned instrument; that said subscribing witness was present and saw said in the 'I! execute the same; and that said witness at the same time subscribed (Insert the city or other political subdivision and the state or country dr -. his/her/their name(s)as a witness thereto, other place the acknowledgment was taken). 4. BARGAIN&SALE DEED WITH COVENANTS AGAINST GRANTOR'S ACTS :F TITLE'No. DISIZucr SECTION , 11160 MAIN ROAD, INC-, BLOCK LOT TO COUNTY OR TOWN EAST ENDERS, INC. RECORDED AT REQUEST OF Fidelity National Title Insurance Company of New York ' , RETURN BY MAIL TO • ' FIDELITY NATIONAL TITLE INSURANCE Brown Raysman Millstein Felder COMPANY OF NEW YORK & Steiner LLP ® INcoRPORATEDI928 900 Third Avenue 'cf 4,Fide[ity.2 /' New York, NY 10022 Member New York State Land Title Association Si U , LL ' 0 O Z 0 0 U w LL , 0 w . co 0 cC0 LL w U Q 0- L0 1 N I F , W > CCW W V • ' 3 �A®�®A)/ /94'7'S '�. m - a o el2 item 69De22 701 ',le wre)..S V ‘ L-, , •-.1 La N f ~ X IA. ' s-1%..1, CI) Z1 t..., X rm 0 7: > ! '0 22'-3 5/8" 13 21' r: 11 '"� c; ID 1 12,0' 1 lc� II '= r_ s 'r+ J, r., .4 X rd r-1T , ,..., ,...; - 0� tN ` • '-j pa I Nik:STIVG o SECT:OK Fr• n 13.5x72.6'-IS'i set ,.,� 3 s ID l-y/e girl./ �i ;��,r j/.^. L'f .__ 2XSSTItiCr R��CIIGV r ..... x IH -=19.24 a, ""�'+��. MI r sq.. fr" .(�� R —._._. / • h.USTIK(i TRRIicaT -� �� 1n k f ,. ,. , T TD BE REMOVED c /j/ /,+ i 1 .15'x8'=}62 scft :'...(61:/;1:,/f;::::,4:;:::"',1,%",,I.'4'" S !0.% �f 5Z0,-_ cn s Nc .6 EXISTING S SECTION ; K �% II a� If �� `i cri 9-:.t12.8'=:bs-I6.g9- - ,F P N �� 1I . 12$, 1 EXISTING FOOT PRINT NOT TO BE ENLARGED cn �t 1 & 1 t� /S C—'73 REMOVE EXISTING SPACE T [45r X 8'] = -360.00 sq.ft. r1 SrSA ., v l war.. ADD SPACE A [9.7'x 12.6'] =+122.22 sq.ft. 4' ii�� ADD SPACE B [13.21' x 18'] =—234.78 sq.ft. AREA EXCHANGE () ft.,. TOTAL ADDITIONAL SPACE = +360.00 sq.ft. . 1113-=V-0" 1. ,0 txr_•senC-_Vfl dS:Lc) - an f+•..p,+capnn : 52 I041Jcg, - _!NET CHANGE IN GROUND FLOOR FOOT PRINT=0 sq.ft.j 2. (( ' s / 1 •--..i DECK — \r F °�P .� `� ,; " • KITCHENETTE pN ` ' ERUPE:i I Z jS. C7 N 4 .,..........: HALL j 1 -1 - ab APARTMENT CL N 7ZI til . M t7 H N N a -I I'BATH STORAGE 'Iyn " '-i `� 0 " a "' 0 . y o 0 IlLt 1=L' t - z En ZN -< „ z tri JI, rN O No L H ELEVATION FOR THE " o t '-' UPPER LEVEL THE ROOF ABOVE THE SECOND LEVEL OF THIS .C..BUII DING WILL BE SLOPED. THE MEDIAN ELEVATION[the half-way point between the save and ridge]OF THIS SLOPED ROOF(OR ROOFS)WILL NOT CA EXCEED 34'1 l"ABOVE GRADE. ,sO PROPOSED PLAN: SECOND LEVEL �°cr ) .0 O 1/8"=1'-0" N _�• ,� ci0 i p O .. 3 r (J., 1 m ---...-- •—.•—.......—. •`• .F to,' t.J t,,..) •+. ' -t", •`.•`• t ` r' ,/_` •gip ,r„ ` •71.a( �`Y r� 44) F .� ' . f: •, . (,� ic, II II EXTERIOR ..` £ r', •,4 • ^/! STAIR UP TO 6 .+, t „'y'•`, dI lly•1�{'--- SECOND LEVEL •�, _ Iii �,< �� LANDING I Ii 1 .`. \ <` °t: 'L J:� =i ABOVE •�..` .tray �'�.�:ws,,,e,,':J� s.-'n/ I�1 1 1 I •UP approximately A � pkb : �, I I I I l I 15'floor to Boor "LLm -,per E IIIIIII NEW AREA ••".•. . WAY STAIR TO C BASEMENT • BELOW L2 i r9 b D . _ .L_ ;:: :._. tr1 775.25 sq. 14 r tri E n " SERVING ELI'KITCHEN roi[1 _m y kcoUNTER 228.76 sq.ft. IA x R. to H REFRIGERATORS en -1 L , --4 N x Ell 0' x)3ATH • x 45.74 s � '` tri • uu ,n r H No r ARRIVSIZE of BUSINESS RELATED AREA CASHIER& b '—' AREAS ON MAIN(ENTRY)LEVEL (--- 7 ' MPDELI-MAIN SPACE 775.25 sq.ft. � � DELI KITCHEN 228.76 sq.ft DELI BATHROOM 45.74 sq.ft. g TOTAL FLOOR AREA,MAIN LEVEL 1,049.75 sq.ft. ` ARE SECOND LEVEL PROPOSED PLAN: MAIN LEVEL W o DELILI STORAGE 642.18 sq.ft. TOTAL FLOOR AREA,2nd LEVEL 642.18 sq.ft. (� 1/8"=V-0" Q LEM -0 TOTAL AREA of BUSINESS USE \4•O o > TOTAL FLOOR AREA,BOTH LEVELS 1,691.03 sq.ft - . N Z As noted&dimensioned on Plan B CI -- 0 (Proposed Plan of Second Level) - / - .,- APT. rAPT.LIVABLE AREA 407.58 sq.ft. ..," C.; co O �l TOTAL AREA of BUILDING F. -o O BOTH LEVELS(MAIN&SECOND) 2,099.11 sq.& %;; j - (.J4 . • O. .i r0 D o E 12—6 3 DECK — • — a O f •' iJ KITCHENETTE O DN. > – –•– •• ''ti. O!2;• ry.,0 I -- 11 r SAILED O —'--—. ALL _ 1/2" in 15'-3" In O-- .� o • —I— I CLOSET NAPARTMENT i )7/N � ,.0.- 9 LIVABLE AREA= , CB N � f-I 407.58 sq.ft. \ „ .- O k DELI STORAGE oI,, 11111UBATH \ AREA=642.18 sq.ft. t 010 U >M ?—T 0 j o n r 1.11t 8' _N z r 20'-8 1/2" N N , ri ti.,r H NNOroy ~''ELEVATION FOR THE 15'-3" • UPPER LEVEL ,. co I THETHE ROOF ABOVE THE 111 --•—BREAK BETWEELINE N THE SECOND LEVEL OF THIS I =•--7-----i=11.--=... __ LIVABLE AREA(APARTMENT) BUILDING WILL BE SLOPED. AND THE DELI STORAGE THE MEDIAN ELEVATION[the I AREA). half-way point between the cave • ' I 12'—6" .and ridge]OF THIS SLOPED I • ROOF(OR ROOFS)WILL NOT W EXCEED 34'11"ABOVE GRADE. ,`�. O 0 PROPOSED PLAN: SECOND LEVEL \-\°cLIS D 1/8"=1'-0" GI o s. v O f. ° G.1 1 I >i GO PEIX & MARCHETTI MAIN RD., MATTICITUCK ARCHITECTS LLP 19 WEST 21"ST 1,111401 NY NY 10010 30 January 2003 TEL 212 675 -1555 FAX 212 675-2255 12.6' 22'-3 5/8" Cp:/JOBS/GO/Drawings/Plan for Application # 5211] ••1 --r- ‘...L t4) T 'n EXISTING Q SECTION 12.5'x12.6"157.5 sq.ft. Q 45' -a EXISTING R SECTION - 4 22.3'x 18.8'=419.24 sq.ft. 12.6' R -- EXISTING TRAILER oi T TO BE REMOVED N 45'x 8'=362 sq.ft. i .03 4 9.5' S -- EXISTING S SECTION EXISTING BUILDING AREA 9.7'x 12.8'0 124.16 sq.ft. 4 EXISTING SECTION Q = 12.5' x 12.6' = 157.50 sq.ft. 12.8' -I EXISTING SECTION R= 22.3' x 18.8' =419.24 sq.ft. EXISTING SECTION S = 9.7' X 12.8' = 124.16 sq.ft. EXISTING PLAN EXISTING TRAILER T = 45' X 8' = 360.00 sq.ft. 0 ,,, „,d[pgth: JOBS/GO:::Plan for Application#5211.dwg].dwg] � TOTAL EXISTING AREA = 1,060.90 sq.ft. �i9 P...�uG. AS ti,, s 4O� i. t 'om 2 '� 1..' ftir�'4 GO PEIX & MARCHETTI ARCHITECTS LLP 1?__. MAIN RD., MATTICITUCK 19 WEST 21"ST Na401 NY NY 10010 30 Jan g Q , 2003 TEL 212 675 -1555 FAX 212 675-2255 22'-3 5 8" ' Cps/JOBS/GO/Drawings/Plan for Application # 5211] 12.6' 13.21 ri ' • EXISTING Q SECTION CN 12.5'x 12.6"=157.5 sq.ft Q i/ ..„„4.4,,,„,,,,,,,,,,/,. EXISTING R SECTION �� _ 4'5' 22.3'x18.8'm419.24sq.ft. �® %///12.6' Alm .'•:•:'•.'•:•:.'•:'•:':.: '..'..::'::'.'.'::..'...'.'.'............ • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • elf � �► • 3RRIL•ER'... .........'.'.'.'::.'. ' pj ••••••.•••••• .• �• TO•BB REIv1Uli5D• :S7 .4,4,- A A . ................................ f- 9.5 I ../ -... Y., ,V, °1d� S , ? v, �+' C"1'A S - EXISTING S SECTION 4.( ) 3( ' 171 \:1.;t it! . 9.Tx12.8'=124.16sq.ft. `;`. ' 12.8' ► 4#11 i � 2:3 �d .�j �,� EXISTING FOOT PRINT NOT TO BE ENLARGED „........._____:____ _4: ® `' • REMOVE EXISTING SPACE T [45' X 8'] = -360.00 sq.ft. #4 ADD SPACE A [9.7' x 12.6'] = +122.22 sq.ft. OAREA EXCHANGE w-mm ADD SPACE B [13.21' x 18'] _+ 234.78 sq.ft. 1/8•=1'-O" ' [peth:server/JOBS/co:::Plan for Appllcadootf521l.dwg].dwg] TOTAL ADDITIONAL SPACE = +360.00 sq.ft. 8 Y NET CHANGE IN GROUND FLOOR FOOT PRINT= 0 sq.ft. a `s? ...... _ _. . 4-- NifIl. 4,... - -.....—•—...-m.... '......Mt .m. --- I . i,' _ _ __ _ _ . 1 .. v.i i -; j • ' 1 ..:....,....,r- or ---. 4440441••••••••••••- ...---,... _ ..........._. .-- -—- -— tie - ..... • . . Ail% •. .z----- - •._— A. . • t.r't-'.. . . . A .,. / ... 4.. , . . ' I 111 ill . / ... . I I ....R.:...._.......'"'"0...-•' • . .... . ..... . in, ,. .1•14, I 1 I........ .......-. , ....e. MI , I i 1....11,-.H."... .. • la., 41.111116,_ •_. , •-I•I•as illepok •, • I . ..... . . • . _ . .. . ...... ,_ .....: ... _... . . ... _..... 711 ,. - ,. .... --..... ,.. . . 1:..4. ' lift. .• . . ".• ,..,_- : .8.. 'i. • . '. ''' 8 ..... . . ......--- ...No"' Er---- :1'----- -........ ................ ....---; __............111r _ ....7—... -......11. ...." - --:•••••-'---v-- --.---- , 4111 a r f _ ____ __ ‘, r _ _ _ Ir.— - ____ --- _ ........- 41.11110' IIIIIIII r. ,r • . i - ___ _. . ____ ..... .... _ - All. r. -' _ _.......- --. --, * . .. - lt, II r--- _ ... 11 , IIII . . 11 5,414,6 .10 , I ' ''. — .. . p, ,romil. . :: --- Is ----1L----- ____ , .. .. . - _ ik . 464 __ • -- II i I _._•• • — -s-, ,,-- - 1 -, _-;- - '( ----p —.7' •, - t _ 0 5- ' - ." • • :.S1:t. ' g.' ' 3" I i - .. '- • ...1, V"14 It# 4.• . .t• .. Mk k •*4- -. ' . 1 . . le:-s,r- -- s , 1 • i • • 10041- '.'""' '. j:‘'‘‘' • , .. , 0 L 0... : ; O ,.4 ,,.` „Iva „lilt, :.,,,A., 4„,,, A.„.- . _ . . , _ , , .....111 __ .. _ _,,„..„ _______. ,,,,,_______. lit IN" i0 up 1_ s 11w... 11 - — '---443/0: 1 1 1 f i'l ' -, 'F i 1 Al i 4.,'• jr'= ', . — - 4,soir:f4 ,� , li-fir r M 0. ... V -: . '7 :„........ ----,—..../ MOM �■■ .00•0 1r- , iimiiir 4 s __oat.:1 ■M■ ■E■ i+ , , Ok,A.1 I. . .. ...... „,,,‘, ,rk r , 0 r i . ' p`—. . /6 + M 4.0....... --,,fM r , Aro h M .i . •— •? - ml. .'w..4�"��,; - . '-' 3*; ', r .. A: ,_- mon ±1 .-�- �_. lion L: ili1 � r.._ i I lw • r�Y�i I � 1 A ` I . 7b3•� r i / • IOW _ , _ err , , }. . , & ('- „ t. .i .,,, ,i _/ ,, _ - . ,__,. 7. ... .Mik_- • silk. ° ir , 1. , - - . %. ..,A . 7:i • 41- Jr "”' i',' ....*:". `' *! yew„ n err • 4'- t - � -v ! - , ..P1. 4410 Stir • .iiiikkiii, l r Onom • 4 . . ., 0 . jt „4 ONN eft a ..f AI!' ., 1414,r-:,-, ' 11.. 4. l .;- "SI tel , r` N II , .._ s::...... R ti,01; .v � � - Ir., 1,4: . ,: OP O.' .„... . 1" a ity . -_ 'ate r f- - PATRICIA C. MOORE , !'0 1DEC ® c Attorney at Law k' 51020 Main Road Southold,New York 11971 1---- - — — Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Secretary December 6, 2002 Southold Town Zoning Board of Appeals Gerard P . Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Re: East Enders Inc. Appeal #5210 Dear Chairman and Board members : In response to your memo. dated August 26, 2002 enclosed please find 7 prints of a floor plan for the first and second floor prepared by Peix & Marchetti, Architects . Also enclosed are seven prints of the survey and site plan for the structure prepared by Young & Young,, surveyors . I ''have submitted the latest plan to the Building Department for their review and a amended notice of disapproval was issued today. Based on the amended notice of disapproval I have submitted an amended application which addresses all the issues raised in the amended notice. If there is anything else you need please do not hesitate to contact me . Very- trul yours, C—PaEricia C. Moore r APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS ' For Office Use Only Fee $ Filed By. Date Assigned/Assignment No. Office Notes: Parcel Location: House No. 11160Street Main Road Hamlet Mattituck SCT1VI 1000 Section 122 Block 3 Lot(s)9 ' Lot Size10890 Zone District B— General Busine I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: 8/16/02 AMENDED 12/6/02 Applicant/Owner(s): Patricia C. Moore Esq. East Enders, Inc./Lisa Ciferelli (formerly Applicant' s Attorney Mailing Address: c/o 51020 Main Road, Southold NY 11971 631-765-4330 Telephone: NOTE: If applicant is not the owner,state if applicant is owner's attar ney,agent,architect,builder,contract vendee, etc. Authorized Representative: Patricia C. Moore Address: above Telephone: Please specify who you wish correspondence to be mailed to, from the above listed names: ❑ Applicant/Owner(s) IN Authorized Representative ❑ Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 8/2/02 amended FOR: Itl Building Permit ❑ Certificate of Occupancy ❑Pre-Certificate of Occupancy ❑ Change of Use ❑ Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XXIV & X Section 100- 243 Subsection A 100-101 Type of Appeal. An Appeal is made for: 100-242 (A) 6 A Variance to the Zoning Code or Zoning 1VIap. ❑ A Variance due to lack of access required by New York Town Law-Section 280-A. 0 Interpretation of the Town Code,Article Section 0 Reversal or Other A prior appeal Ckhas 0 has not been made with respect to this property UNDER Appeal No. 9910 Year 02 . I Reason for Appeal Continued Zoning Board of Appeals #5210 re : East Enders Inc . formerly Ciferelli Pursuant to Town Law section 267b-3 the Southold Town Zoning Board of Appeals is to analyze and assess the personal benefits anticipated by the applicant against the potentially deleterious effects that a grant of the relief requested would have on the health, safety and welfare of the effected neighborhood or community. In performing this balancing test, the Zoning Board is charged with the responsibility to consider the five factors enumerated in Town Law Section 267b-3 (b) . The variance should be granted for the following reasons : 1 . No undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties, if the variance is granted. The existing structure has a certificate of occupancy for a mixed use, this property has been used for residential and business. The owners wish to renovate the existing structure, remove the trailer and construct the same square footage with wood frame. In addition the residential use will be relocated to the second floor. The residential portion of the property will be a small efficiency apartment that could be used by a single or couple (no children) or the business operator. The first floor will be renovated and used for a permitted commercial use, my client has a deli which may be interested in this location. All intended commercial uses are conforming and the Town Board has discussed and had public hearing on residential uses over businesses to provide more rental space. 2 . The benefit sought by the applicant can not be achieved by some method, feasible for the applicant to pursue, other than an area variance . The existing building predates zoning setbacks and the structure is being renovated. The unsightly trailer will , be replaced. If the residential use is not relocated to the second floor then it would be extended towards the rear and reduces the area available for parking and vehicular circulation. The plan makes sense to add a second floor to the existing structure. 3 . The area variance is not substantial The application of the balancing test weighs in favor of the grant of the variance . The commercial zoning district has areas with 0 lot lines (Love Lane, Down Town Cutchogue and Southold) The only setback encroachment, beyond the existing structure, is for the exterior staircase. The staircase provides safe and unrestricted egress for the second floor apartment. It is best to have the access on the outside (rather than inside the structure) for fire emergency. 4 . The variance will , have no adverse effect or impact on the physical or environmental conditions in the neighborhood or district . The adjacent property use is a gas station and this property has a deeded right of way through John's Road. This provides good traffic circulation and provides ample room for parking and buffers. Behind the property is a Marina and boat storage but the water_ is more than 100 feet from this property. The applicant wishes to make a picturesque location which customers can enjoy the view of the Marina 5 . The alleged difficulty was not self-created. The property is small (@10, 000 sq. ft. ) and the structure is preexisting so any change would result in the need for a , variance. The trailer is unsightly, unsanitary and architecturally not is character with the area. Mattituck Hamlet has worked very hard to improve and this structure must be upgraded and renovated in order to meet the goals of the community. 6 . The variance requested is the minimum variance practicable given the personal benefits anticipated by the applicant . The applicant has not increased the footprint of the existing structure in usable area, only the access results in a change to the nonconforming setback. A 3 ' stoop is generally an acceptable encroachment into a front yard (two front yards- Main Road and John's Road) ; Since the stairs are the primary access to the second floor a wider stairway and landing is recommended by the architect to make the stairs more comfortable to use. We respectfully request that the appeal be granted, together with any further relief that is deemed necessary and reasonable. signature State of New York ) ss County of Suffolk ) r Sworn to this tto dayUcAvn/,�, c20Z'9 Ak Notary Public PATRICI .MOM( Notary ic, taa w York Su olkS.oun - 0.4861668 Comm' ro fres June 16, MELISSA McGOWAN Notary Public,State of New York No.4995913 Qualified in Suffolk County Commission Expires May 4,20.Q' QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? ❑Yes M No B. Are there any proposals to change or alter land contours? ❑Yes t]No C. 1) Are there any areas that contain wetland grasses? not on premises 2) Are the wetland areas shown on the map submitted with this application? L10 3) Is theopropertybulk headed between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? no Marina behind property D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no (If not applicable, state"n/a".) E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? no (If none exist, please state "none") F. Do you have any construction taking place at this time concerning your premises? no If yes, please submit a copy of your building permit and map as approved by the Building Department If none, please state G. Do you or any co-owner also own other land close to this parcel? no If yes, please explain where or submit copies of deeds. H Please list present use or operations conducted at this parcel vacant/ awaiting renovation andproposeduse permitted business uses 1st floor/ apt. on 2nd / Aphorized Signature and Date PROJECT DESCRIPTION (Please include with Z.B.A. Application) Applicant(s) East Enders Inc. I If building is existing and alterations/additions/renovations areproposed A. Please give the dimensions and overall square footage of extensions beyond existing building Dimensions/size: stairway to 2nd floor/ replace trailer with wood frame Square footage _ • . . — . ' • • • , _ • rr rr, • _ - oat-age 3E. B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimensions/size: irregular- see Alignment plan of Young & Young Square footage: @600 sq. ft. add second floor apt (@300 sq.ft. ) and storage II If land is vacant: Please give dimensions and overall square footage of new construction Dimension/size Square footage: Height III. Purpose and rise of new Construction requested in this application: existing building to be renovated with replacement of trailer, second floor efficiency apartment and storage added IV Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s) existing structure predates zoning setbacks, mixed use continued but noncenfor • . -• _ ' =l use moved to second floor V. Please submit seven (7) photos/sets after staking corners of the proposed new construction 7/02 Please note• Further changes, after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans If additional time is needed, please contact ow office, or please check with Building Department (765-1802) or Appeals Department (765-1809) if you are not sure, Thank you. • Y • _ i • r , }14.16-4 1/871—Text 12 PROJECT I.O.NUMBER 617.21 SEAM Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Prolect sponsor) 1. APPUCANT/SPONSOR I 2. PROJECT AM East Enders Inc. Eastnc�ers INc. J. PROJECT LOCATION: Main Road MunicipalitySuffolk Snnf.hnl d County 4. PRECISE LOCATION(Street address and road Intersections,prominent landmarks,etc.,or provide map) • 11160 Main Road, Mattituck SCTM#1000-122-3-9 • 5. IS PROPOSED ACTION: ❑Naw ❑Exoanslon DModlllcatlon/alteratlon relocate residence to 2nd floor 6. DESCRIBE PROJECT BRIEFLY: renovate existing 11oncQnformillg S LL uc LuLe Existing structure is mixed use residence and commercial, renovation of commercial structure and relocation of residence to 2nd floor as apartment 7. AMOUNT OF LAN()AFFECTED: Initially 10.000 Sq.ft-acres Ultimately 10,000 Sq.ft acres a. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LANO USE RESTRICTIONS? ❑Yes INo If No,describe briefly expansion of nonconforming residential use— j and expansion of nonconforming structure (setbacks) stairway 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Residential 0 Industrial 13JSCommerciai 0 Agriculture ❑Park/Forest/Open space G Other Describe: . Mattituck Commercial District 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING.NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL STATE OR LOCAL)?? • rx�,� ❑Yes [No If yes,list agency(s)and permit/approvals 11. DOES ANY ASPECT OF THE ACTI;,V HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? ®Yaa OW It yep list agency name and permit/approval preexisting C.0 for commercial and residential use 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REOUIRE MODIFICATION? ❑Yes 1No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Pa ici,a ;G. Moore APPlicant/sponsor."name; j, -' Date Signalure; i ` •.•,`vim`i/'�� II the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment - • • OVER • • 1 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: August 16, 2002 AMENDED: December 6, 2002 TO Patricia Moore A/C Lisa Ciferelli 51020 Main Road Southold,NY 11971 Please take notice that your application dated February 12, 2002 For permit to make additions and alterations to a commercial building/single family dwelling at Location of property: 11160 Main Road,Mattituck County Tax Map No. 1000 - Section 122 Block 3 Lot 9 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations to a non-conforming use, on a property measuring 10,890 square feet in the B District, is not permitted pursuant to Article X, Section 100-101. A window cleaning business/single family dwelling is not permitted in the B District. , In addition, the proposed addition/alteration is not permitted pursuant to Article XXIV, 100-243.A., which states, "A non-conforming building with a non-conforming use shall not be enlarged, reconstructed or structurally altered or moved, except as set forth below,unless the use of such buildings is changed t:; ? innfni-min(r''5� "Az A Article XXIV, 100-242, A, which states, "Nothing in this Article shall be deemed to prevent the remodeling,reconstruction or enlargement of a nonconforming building containing a conforming use,provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings." The existing building, on two road fronts, has front yard setbacks of 4.4 feet and 6 feet, following the proposed additions and alterations, the building will have setbacks of 4.4 feet and 1.02 feet respectively. Total lot coverage, following the proposed construction is eight (8)percent. This Notice of Disapproval was amended on December 6, 2002 to reflect changes in the scope of ' work. Authorized ignature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. Cc: ZBA, File 9 - •_ O II 1I EXTERIOR II II STAIR UP TO l SECOND LEVELLAND 1 ABOVEGI� � I -' c I I I UP . 89sIZRN 1 1 1 1 1 1 pRopER R 11, I I I D I\ .s'••-. =' ' NEW AREA _ .. WAY STAIR TO ' CI C• , BASEMENT BELOW N ERVINGD -I _ !1„,.. 't I: j KITCHEN 1 1i. en s N X R. . y . N M H ri REFRIGERATORS U `^ a x hi _I > o CC 1 Nx Hn BATHROOM•. �+ z CA ^ O t U n. • ARRIVAL& N O r ,...3V, r H O b H CASHIER (----.' IC RAbIP UP UP API - -- .1/0>/ r O�G a, ak, PROPOSED PLAN: MAIN LEVEL I-"X Ill . (1 I i_..,-,§\.: i't '.1 St-ii ), M N.) o rs in ?L ; 223 re 3 O the•,ate o 3 i a ro C1 O DECK xircx�srra H ' �.._��'PRop•tk 7�Lpyy '[. • • i ra �d APARTMENT N E , tri f _ � - ..."-•s.... HALL .....-..) °' x 2. izp �Bnrx STORAGE a H ` 0 '^ Z til P > P a2 �+_ N x y C) ax rri .1 '` r No ry . .1 N r In O b H l may. LI 1, 10 �` A Nf 4 '� , >: PROPOSED PLAN: SECOND LEVEL ,\'�� % N C 4 vi 2r: Ci g f0 0 „�,...,...�. �. Bo N Fhm ate - a 0 4-/:307: ,...61/,21:2 a a , • TOWN OF SOUTHOLD PROPERTY RECORD CARD • OWNER STREET i, / / r VILLAGE DIST. SUB. LOT 1 If LA 4 ‘11 .001. . ' L• , /1"',414_,AdA---' ,Af -71,k\a/ - .-'-')--', , _, FORMER OWNER lL1.Ltge4 4 ' N E ALIT—1 mi o k . r G d- t. t.; . .i a .- • S ' I -'"`''4''.-e ' ' — ` ''': S // W,' f TYPE OF BUILDING .F Yd7 .4 RES s SEAS. VL. FARM --- COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE i > REMARKS #„ a 4./09 en24 is°-.2'. 1 _ /I/ / "A 3 xf ciL-- '7 P io b' ( 2, Pe A4N,"142-•11 9(.? 947 2-O i)0 cl e4d.' t - _ LI-19-6, / • / 7 a e' v!r € / ;.' A /' 2 - z 4/`/6//4s e'-2,02-11, 7 �/c /5,,i 7tyea (. / Go .1-4-t-La/ Ott ' ;:) .#: Ar y - r / 4a0 0.274/63"7 0d, //d 8/7/ �6 ,r.._r 7,, AGE BUILDING CONDITION -S 3 5 1.._9`) ' f 8,{ L` NEW NORMAL BELOW ABOVE -472 2_/6S \ P4 - ADDRT ,L5 7U Dc .._i-c-i 1Q3C 1=aSex.,o, --- FARM fFARM Acre Value Per Value 1 p ' Acre 5/l a3/q 2.i ,(130-qe4fer- Magma 4 - X94 006 Tillable 115,coal R/ion®I-Lt a►if3pg36-7-i ay4. , ' 40 t Ilk) n tecedpk. Tillable 2 Tillable 3 ( Woodland Swampland FRONTAGE ON WATER r 6 ter. I Brushland FRONTAGE ON ROAD L% t• House.Plot DEPTH /a 0 ��,---. BULKHEAD Totals • ' „ , . • DOCK oarmornmenritor •61 s _ .1.11111111 IMMIIIIII.111.1.111111111.111111.11 S .2.3� •�-, ' 4`5 -.1 1'-.2` !$ 4: CLORar �5 i ■ ■■■■11■■■■■■■■■ 1111 111 1 �+ a \\ + _ '''''A. •; _ S, �aV+, g111111! !HhIHUhIIIIIIIIII �� - Fl�JlUll t�'111111111111111111 • _______ r t—^ `.'' '1 - I[N I'. I•� h� �: Mliii__liIIlIlIlllHhlllIIIll ____ ___ __ __ _ __ _ _ _ _ ___ _ - -- 1111111Brialult ill_. ■■■II ■■ ■■■■■■■■■■■■■■■■■■■■ S t tc„t Jerry-, iir 1 M. Bldg. /..2.. x /4--_...: /et) Foundation Bath Dinette Basement ,-•� F- ' Floors Sr.f /fir K. Extension f' ��, J �� — Extension f �i ::- �p Ext. Walls (x� A'\ Interior Finish - LR. Extension 6 0 �) Fire Place {„ �; Heat ( ) � C..0 DR. Type Roof ,„ '`*1.t- Rooms 1st Floor BR. - Porch Recreation Roorr Rooms 2nd Floor FIN. B. _ _ Porch Dormer Breezeway Driveway Garage Patio 71?/q /LER.. -/F7 ._o. B. 8x '71V = Ng P ° ° 7°,1 Total 76,E • ' 1,.., 0 RevIsions 5 09-II 96 8 6 10-09-97 g SEE SEC No.114 8 II-12-9) a xm,00 W MATCH _______z_ ME SEE SEC.NO 114 f g v \� HATCH LNE ,i N I O.° ,0 /Alas�n s a a, 22 Vdg ah re 17 Sllc) -J 7. 11 OAlcl Sp0 N B e " AVEIlk T "; w 4 y .S'' A ll " as ' •F. AlAW1 r n dE]I11E rya'•° �'a� a ..d•O 1 , sAillOkylIM 1A 'SEM * 9G�� m m 6 u� k141 F--11-----11111‘ 1 T 4B L I I M116P 6 9 n s'12dfc1 122//A//Ict- • 9 „I FOR PARCEL No N k% c SL�„ d / 0... 1111141k � 9' ,N SEE SEC N0. G / ••'' _ 121-05-0os 1 Y s 19A 4 9 Y YB � V '1y n' 4 �. h'S'1' '!: - % lit*.^ '''::k%"1". / S '' 1 d kr , • ,,,,,44. 0 , it1/4. •.,/ ., , . /4too ® i, 4,)/// os N ` 'Pe: of ,f e zs �• / 1 I RATER KOTNORIFOLK TY Ys/ ® u' /, e�<J. _- n111100.4t 'c) / ,dad ` / 1 ].1 v.eM=1 9 0/. raex OF UTHOLD SC219 .g.%, hJ iii, .."4,1'. p•'�y ''N..wrocn maiC/04.-4.. • /- f2F 20 BA e9 4•'•4•'• + FOR PARCEL N0, 5 R SEE SEC.N0. ,..)3., 6 6 a 121-05-0051 .P s•d d A - ' '�Y:'oe 6.8 1.OA(c1 6 O ilSu, ��d ^CYC .11140,..,,..,...g. cy Ff. l 4 4,.'" S 2NPF•T .,,.I'6 ' 6.6 5.1 221c1 .R. •S M1 c'�v a 0-\ %bid` ,q A95\ • FOR PARCEL NO 6 - • sEE SEC N0. A „ :„MD _�� .fid 8 MATCH -� LW pF.N� fzs os— w �. LME ,�y Co��G SEE SEC,NO 126 vy 4" PE NOTE,AN APPARENT OVERLAP 6ONDITIOE EXISTS WITHIN BLOCK 06 BETWEEN PARCELS]5A6]5 B / c L Prow Ir c n I,. sea.NaR Iia R,. na H„w irx Pnkl iE. - E 0..,„‘„,..„„, Nm•. -- —• $.1 -- — lem W„el�.--N-- MESS ORI9H . ILL OPERREs G. ___,._ _„,. (21) �� 2 0020219012 -- -- ,u.WIMx -- —_ E •1TH21 THE FOLLOMG °CISTRICTS� NOTICE © COUNTY OF SUFFOLK y 111�,�, E xxiA __ Owl"'"'N" O ,m.21001. --.—_ 8•121“1,1•14‘1.—NST—_ ,F�°tl4t x9'ER ^• 1MNIENANCF,Al1ER.11AN,SLLEOF Real Property Tax Service Agency r N "® A --- LN2 M,kl 1ti -- -- A 2,4,2240 1,.--R.—_ L',,',.: MIR dstReuTEN 1 INV FORMS,6 IRE County Center Riverhead,N Y 11901 1x1 D ro,.rin z] 1z 1 A1E1 0r 1230. 0wn1lF, —__— . e,Il. P__ 7x — POVSE, SUFFOLK COUNTY l0.%VAP 5 PR11®ITEO M H. IWNIN4 11.10112. 90X001 NLITEN PURISM OF DE En.snry 4n 12171cl Res.1n, ------ F.n,,awls,is, --s-- 1.11.•,...0,./In—9e-- RELL KIPERIY l0.%salvitE AGENCY SCALE Nigh ' ° '� A us xes - Southold Town Board of Appeals -6- October' 28, 1 1965 The Board finds that- Strict application of th= ' rdinance will produce practical difficulties or 'unnecessar • rdship; the hardship created is unique and would not be : ed by all properties alike in the immediate vicinity of - is property and in the-\same use district; and the variance d s observe the- spirit- o - the Ordinance and Will not -cha •e/ he character of the distric On motion by' • ►. , Gillispier secondee by . Hulse, it was RESOLVES that Velma-r 'Homes, Inc., 6156- Sunrise .Highway, Bayport, New-.York, a/c' • -tin H. Ge .:ine•„- Colonial and. Ed4s. Road, Southold, New York, given p-rmisaion to construct a dwelling-with insufficient, etba ' a -•as amended at. the hearing, on property located e:st i e'Edz s'Road, Southold, New York, subject to the follow . conditions: 1. The house shall be -lop-ted -t least- sixteen feet-4164) from the westerly property 2. The house shall- o = located at east twekty--five feet 4253) from the easterly property line. 3. The house s :11 be located at leas ' -ten feet (103) from the southerly •roperty line. 4. The -ho -e shall be located at least fif-' -en feet- UV) ' from the nor • erly property line. Vote, "0f the Board:Ayes:Mr. Ga.11ispie, Mr. Berge-, -Mx. Hulse. * * * ' PUBL'IC 'HEARING: Appeal No. 811 - 8:20 upon application ,of•Katherine E.• Nutley,. Main-Road,''Mattituck, New Yo'ki for a variance in accordance with the Zoniing Ordinance,- Article =I, Section 303, for. permission to erect an addition to an, existing building with insufficient side yard on -a corner lot. . Location of property: 'south side Main Road, Mattitudk, New York, bounded'north by-Main Road, ' east by 'Right-of-way„ south by-John Klein$ Test by Q:C," Hurdle. Fee paid $5. 00 . • -Southold Town Board of:Appea.ls -7- October 28,- 1965 The- Chairman opened the hearing by reading application for a •variance:. legal notice of hearing= affidavit attesting to its publication in the official newspaper, and notice to the applicant. THE CHAIRMAN: Is there anyone present Who wishes to speak in favor of this application? MR. BERGEN: I .was there to get the present-building dimensions which weren-l't on the application. THE CHAIRMAN: The living room is 103 'by 12g. The rest of the house is 183' by 221' -. :(Mr. Terry/ Building InspectOpt -pointed out- on the sketch of the house the previous addition and the proposed addition.} THE CHAIRMAN: As far as I can seer this addition to the house will not harm the district. MR. BERGEN: It wilf improve the building. THE CHAIRMAN: By •chaniAng this building from ar, .office to• a residence the area is being up-graded. The change will also reduce -the amount of traffic. is there anyone present who wishes to speak in opposition to this application? - ,tThere was no, response.) - After investigation and inspection the Board finds that the applicant request permission- to erect an addition to an existing building with insufficient- sideyard-on a corner lot. Tlie Board finds that the proposed addition will' be five feet by twelve feet. ,The 13oard finds that 'risibility to the west from the private right--of way of Boucher will not be reduce by this 'proposed addition. The Board points out that•the -change in use of this building from -an' office to- a residence will up- grade the area and further reduce -any traffic hazard. In general, the Board agrees with the reasoning •of the applicant - as presented in the •application to the ,Board of Appeals. i Y ` - Southold Town Board of: Appeals -8- pctober ' Z8, 1965 The Board finds that -strict-application of the Ordinance will produce practical difficulties or' unaecessary hardship; the- hardship created is unique and would not be, stAred by all properties- alike in the immediate vicinity of this property and in the `same use district; and the variance does 'observe the spirit-of the Ordinances- and will not change the character ' of the district. On motion by Mr. Bergen, ,seconded by Mx. Hulse, At-was ' RESOLVED ,that Katherine E. Nutley,,- Main ,Road, Mattitucks New Yorks. be granted permission to erect• an addition 'to an • existing building'with insufficient side yard on a corner lot. Location of property: south side Main:Road, Mattituok, New York. Vote of the Board:Ayes:-Mr., Gillispie1 Mr. Bergen, Mr. Hulse. Mr.. Jer • 'Shulman appeared before the Board to req/ -st permission to . .d onto the A.&P Potatoe House in Ma.ttituf The present buil: 'ng is a non-conforming building whir is over the property 'ne and partly in the-highway. Mx - Shul- man request..this add ion in order to keep the true - under- cover so -they may-work 'n the cal : weather. The B.-rd advised Mr. Shulman 'to fill out , e necessary applicatio forms. • On motion by Mr. Gillispie, seconded •y Mr. Bergen, it was 'RESOLVED that -the' Southold .To :.ard of'Appeals set 7:40 At the Town Office,. Mat,NaRoad,• Southold, ,New York, on ggEdne0a 'y,•November- 10, 1965, as the- time and palace of hearing upon -appiiCation 'of George'Wetmo 'e, Gra-.port, New Yorke a/c E.I-Lionel -P.av-1o',. 530 Fifth Ave e, New -Ye• € News York. for a variance in accordance with . e Zoning Ordi an-ce,- Ar-(icle III, - Section 303, Article K . Sec-ion •1000A, for- p-. mission 'to divide property. _ Location of pr• •erty: west side Bay ore:Road,. lots NO. 148, 3:49, 1501, and •rth a of 151 a.n' Peconie ;ay-Estates, Greenport, New- York. // Vote of the B rd:Ayes:Mr. Gillespie, Mr. Berge-,-,Mr. Hulse. r 1 � / v+ ` - Southold Town Board of-Appeals -9-- October 28, 1965 On motion by Mr. Bergen}.,.seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 7:45 P.M; (E.S.T.) 1 Wednesday, November 10; 1965, at the Town Office, Main Road, Southold, New York, as time and place of bearing upon application of Jerry Shulman and Wife, Belle Terre Road, P(ort Jefferson,, New York, for a variance in accordance with the Zoning Ordinance: Article IV,• Section 410 ;(hg),- Article X,. , Section 1007 (e) ,, for permission to erect an addition to. an non-conforming building. Location of property: south side 'Sound•Avenue,,, Mattitutli, New York,, bounded north by, Sound Avenue, east-and south by-Long Island Railroad,, west by Jefferson Stoval. Vote of the Board:Ayes:Mr. Gillispier Mr. Bergen, Mr., Hulse. On motion by Mr. Hulse, seconded by Mr. Gillispie, it was RESOLVED that the minutes of the Southold Town Board of 'Appeals dated October 14: 19650 be app*ved as submitted'. Vote of the Board: Ayes:Mr. Gillispier Mr. Bergen, Mr. Hulse. The next-meeting of the SoutholdTown Board of Appeals will be held on Wednesday,, November 10, 19651 at-7:30 P.M. ,, at the Town Office: Main Road, Southold, New York. The meeting was adjourned at 9:15 P.M. Respectfully submitted, • + Barbara -C. Dittmann,- Secretary AI 1 , -Southold Town Board of Appeals ,c;V•tifire047 110 woofft40,-.- Ch' :ate . o _c. r 106 May 15, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MR. MELHADO: It's a worm drive winch that doesn't require any ratcheting down, and because of the worm mechanism, the, you don't need the locket. It's naturally locked because of the mechanical advantage of the worm drive. MEMBER HORNING: And you unlock it, and it will just telescopically... MR. MELHADO: Just turn the handle and it will go down by itself. It's own weight will bring it down. MEMBER ORLANDO: No other questions. CHAIRWOMAN: The only, only, this could be operated at anywhere between 24' and 54'? MR. MELHADO: Oh yes. CHAIRWOMAN: So that would be totally flexible for you to operate it? MR. MELHADO: In general, I would seek to operate it at it's full, extended height. Because that's where I get the advantage of it. But in an emergency, it could be lowered, and CHAIRWOMAN: Any further questions? Is there anyone in the audience who would like to speak for or against the applicant? Seeing no hands, I'll make a motion closing the hearing reserving the decision until later. PLEASE SEE MINUTES FOR RESOLUTION. 2:52 p.m. East Enders/11160 Main Road, Inc. (formerly Cifarelli) #5211. Based on the Building Department's August 16, 2002 Notice of Disapproval, amended February 26, 2003, applicants request Variances under Sections 100-101, 100-242A, and 100-243A: (1) to add a second use on a nonconforming lot, and (2) to construct additions and alterations to an existing building located in the B-General Business Zone District, at 4.4 feet to the front lot lines at its closest point. The second use is proposed on a lot containing less than 60,000 sq. ft. (30,000 sq. ft. for each use), at 11160 Main Road, Mattituck; Parcel 1000-122-3-9. CHAIRWOMAN: Is someone here who would like to speak on behalf of the applicant? PATRICIA MOORE, ESQ: Patricia Moore, 51020 Main Rd., Southold. And I have with me the owners of the property, and owners of the business, which would be Michael Racz, and Gail Dessimoz. They are here. I also, very kindly,Tom Luniewski is the owner of the road, who I know very well because he's a client. He offered to come to put on the record his support for the application. But most importantly, the fact that he is the owner of the road, and consents to any improvements that are to be made on this road. • �I Page 106 of 13( 107 May 15, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing CHAIRWOMAN: Can we have the spelling on that name please? MS. MOORE: Come on up. MR. LUNIEWSKI: L-U-N-I-E-W-S-K-I CHAIRWOMAN: Thank you very much. MS. MOORE: Tom, for the record, are you the owner of the road? MR. LUNIEWSKI: Yes, I am. MS. MOORE: And you've reviewed this proposal? • MR. LUNIEWSKI: Yes. MS. MOORE: And are you in support of it? MR. LUNIEWSKI: Yes I am. MS. MOORE: Later on, as we go through,well I'll do it right now. We have a proposal from Corazzini Asphalt with respect to two alternatives. One is an asphalt mix. And the other is a crushed stone mix with respect to the improvements to the road for a dimension of 15 and by 210'. So the whole length of the road that is adjacent to East Enders property will be improved to the extent that the Planning Board, or the town, or you felt appropriate. We have two proposals, and we submit them both. And I've shown them to Mr. Luniewski. He is amenable to either proposal. And, certainly, I think,you might want to state, for the record that, are you happy that we're doing this? MR. LUNIEWSKI: I'm very happy. I was going to do it anyway. MS. MOORE: He's building a house behind, down John's Road, and,because he's the owner of the road,it's considered a long access road, long driveway for him. But recognizing the condition of the road the way it is, he knew he was going to have to make improvements for himself, for his own personal access. And certainly the fact that East Enders is going to do it is a plus for him. So, I'll put this on the record. MEMBER GOEHRINGER: Could we just hold this hearing up for one second, Lydia? We need to address the one special exception in Fisher's Island, because George is going to be leaving in the very near future. BOARD SECRETARY: We have a few minutes. CHAIRWOMAN: At 3:15, George? - 4 Page 107 of 136. 108 May 15, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MEMBER HORNING: I've got to be out of here at 3:15. CHAIRWOMAN: So we'll continue. - - MS. MOORE: Keep going? You just tell me when you want us to stop. MR. LUNIEWSKI: I've got to make some phone calls. MS. MOORE: I think we're done. Do you have any questions of Mr. Luniewski? Because he's heading back to a job, and I don't want to hold him up. I took him completely out of order of what I was,my presentation. MEMBER GOEHRINGER: Do we have a copy of that either or situation? MS. MOORE: I just put it on the record. MEMBER GOEHRINGER: You just put it on the record. MS. MOORE: Yes, Corazzini, I have another one if you want it. MEMBER GOEHRINGER: Yes, I'd just like to study it. MS. MOORE: To make sure I got the right one. BOARD SECRETARY: Do you have any extras,Pat, for the other members? MS. MOORE: Let me see how many I have, yes. As I said, do you have any questions for Tom, before I hold him up? I was pleasantly surprised he was here in person. MEMBER GOEHRINGER: The one question I have is that you own the last lot on the right hand side? MR. LUNIEWSKI: Going down the road 400' from the Main Road, I own the last lot on the water over there. MEMBER GOEHRINGER: On the water. So that's at the dead end? MR. LUNIEWSKI: It's a dead end past my house. The road goes another 600' past my house. MS. MOORE: If you just hold off for a second. I have, I don't know if this is the last version, but, I'll need this back, but I have my notes on it from Trustee's meeting,but I'll submit it. Just make a copy of it, and call me to pick it up. Page 108 of 13$\ 109 May 15,2003 Southold Town Board of Appeals Regular Meeting Public Hearing ---) MEMBER GOEHRINGER: I just want to see it one second. So this is the lot that's right after the bend. Is that correct? MR. LUNIEWSKI: It's on the bend, it's adjacent to Village Marina. Village Marina where they end is where my property begins. MEMBER GOEHRINGER: So you're going to improve,just to that site? MS. MOORE: Well, they are going to improve 210' of it. He's going to improve up to the end of his property, or where his driveway... MR. LUNIEWSKI: If my neighbors want to improve more, I'll do the whole road. If everybody wants to chip in, or whatever... MEMBER GOEHRINGER: That's what got my thoughts going when you were talking 400' or something of that nature. MS. MOORE: Well he's about 400' away. MR. LUNIEWSKI: I'm 400' away, they want to improve 200',halfway to my property. So I'm up for that,because it saves me a few thousand. _ 4 MR. MOORE: And then to the extent that the rest of the neighbors,particularly the ones down at the end, if they want to contribute towards whatever difference it would be for Corazzini to do the balance. It would seem to me that's the appropriate time. But we obviously can't force anybody to make improvements to the road. CHAIRWOMAN: One thing we would like you to do is just stake that ROW. MR. LUNIEWSKI: I think it's staked right now. CHAIRWOMAN: Is it staked right now? Because when I was down there on Thursday it wasn't. Unless something happened, and I missed something. MS. MOORE: I will check. Either through you or East Enders, we can do it. Young&Young is the surveyor on both projects. MEMBER GOEHRINGER: Who did you buy the property from? MR. LUNIEWSKI: I bought it from Cardinale. CHAIRWOMAN: Okay. Continue. 1 MS. MOORE: Can Mr. Luniewski be excused? J Page 109 of 131i. 110 May 15, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing { MR. LUNIEWSKI: Cell phone, 455-9721. MS. MOORE: Why don't you put it on the record? MR. LUNIEWSKI: (631... MS. MOORE: Is anybody writing this down? CHAIRWOMAN: The tape is rolling. MR. LUNIEWSKI: (631) 455-9721. MS.MOORE: Okay. Sony, I kind of went out of turn because of the way, his showing up. We have an application before you for the area variances to make renovations to the existing building. And you have, in your, in your file the dimensions of the existing building. Certain issues,just so you know, the timing of this,we made the application to this board. And I also submitted an application to the Planning Board (PB). The PB site plan application is in the process of preliminary review, in order to resolve issues before their time frames begin to run. Because from the time that a formal submission is made, they have to undertake a review within strict time frames. During that process, I met with the PB, and they were not very receptive, to say the least, and then after that, we received a copy of a letter that came as a memorandum to this board which raised certain questions or issues. I'd like to discuss those issues because it makes sense to go through. It will touch most of the points that I want to make with respect to this application. And what I've done is I put a memorandum together, which has the points numbered in my response in accordance with the numbered points that the PB makes. And I_ have some exhibits to support my position. The first point that they raise is the zoning of this parcel. As far as the town, the Building Department (BD), is concerned, this parcel is BI zoning. My client, I'll refer back to a pre-CO that was issued back 1985,back in 1985 the zoning has, to my knowledge,has not changed in this area. It referred to this property as BI. So when my client approached the BD before buying this property, did some due diligence,he was advised that it was a B zoning, B zoned,parcel. There was a pre-CO from '85 that reflected a B zoned parcel. And that's the position that the BD has taken in review of our application. And we concur with that. So, as to the first issue they raise. They then discuss the issue before this board about whether the use is permitted. What I did was I reviewed the definitions in the code. And the BD has taken the position for the past, to my knowledge, at least 12-15 years... CHAIRWOMAN: I'm going to stop you right here. Because we are going to, the PB has indicated that they are going to request a formal interpretation of a deli take out. So we will conduct a hearing on that application. We are not going to do an ad hoc,though. You are free to say whatever you want. I'm just giving you a heads up that there will be a separate, a separate hearing on that issue, at the request of the PB. Page 110 of 131\ 111 May 15, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing ) MS. MOORE: That's their prerogative to make that request. I would hope that's made in writing and given in due course. Because in all fairness to my client, they are coming up with this, really, they do not like, there have been numerous delis that have opened up in business zoning. This is the first time they raised this issue before this board. I find it in bad faith to begin with, and certainly objectionable. It's a delay tactic and the prior owner, Cifarelli, was put through the mill. This piece of property is a difficult piece of property, it's a small piece of property,but a pre-existing piece of property. And they've make every effort to sterilize this property through every owner/applicant that's come before this board or their board. So I find it very objectionable. But... CHAIRWOMAN: I understand your objections, they're noted. However, as you know, if a, any board or body, or official of the town would request and apply for an interpretation of this board, we're... MS. MOORE: That's fine,but you should propose the time restrictions on them so that we are not left 6 months waiting for, certainly they have the prerogative to make the application. They, they sent a memo back April 22 requesting it. To what extent you're asking of them a formal application so be it. But get it in right away. Because it's just unconscionable to punish a applicant based on a theoretical disagreement with the way the BD has chosen to interpret the code for the past 15 years. I just point out the position, pardon me? Okay. The position we take is that,if you look at the clear language of retail store, it specifically includes, it includes take out items, food and beverages. So what, I don't believe the BD has been in error with respect to the point because that's precisely what a food establishment, a deli, a deli is very broad definition. In Europe, you have delis that are anywhere from high-end to, to a sandwich on the street. There's a wide range of definitions for delis. That also applies, for the most part, in Southold. You've got a wide range of food retailers. I think that the code specifically addresses restaurants. This is not a restaurant. We obviously don't have room to make this a restaurant. That's where the difference falls in whether or not this is a special exception take out restaurant. I think you have to start with the basic definition in the code, which is take our restaurant. If you don't have a restaurant, you don't have a take out restaurant. That's what we have here. That's why the BD has been consistent and accurate in their interpretation. We'll go on the next point, because if I have to argue this all over again at a secondary hearing, I'll come in with additional paperwork,but you have my arguments here. And, in particular, in the '90's, I believe, the code was revised. It was to address the applications that were coming in, Wendy's and McDonalds. And that was the target, they couldn't, they wanted to avoid equal protection problems by targeting just those franchises. But, for the most part, that was the take out restaurant. Again, a restaurant is what was focused on. The third point is the fact that we need Health Department (HD). But we know that, we made an application, and the HD is about 6-8 weeks behind in just processing intakes. So, we have an application there, and it will be reviewed in due course. The access is certainly something that we are trying very hard to address. John's road, they question whether we had legal right. Well, I gave them a copy of a deed. It clearly stated that we had a ROW. It appears both in my client's title. It comes, I gave a copy of the deed. I think it's just intentionally trying not to read language to imply that we don't have a ROW. We have a ROW. Mr. Luniewski was here, fortunately, and he's in agreement,he's the owner, and he has no Page 111 of 13k 112 May 15,2003 Southold Town Board of Appeals Regular Meeting Public Hearing objection to the proposed improvements. The issue of the access of, onto, excuse me, let me make sure, the access off of the ROW. That's an old road. There are certain homes that are there. I don't know,to be precise,how many, I don't want to question whether it's 7 or 4,you know, 7 residences and 4 vacant lots. It doesn't look that many,but we can look into that more carefully. Nonetheless,it's an existing road. And we have a right over it. And I makes sense to use it, to mitigate some of the traffic patterns that are created through a commercial use. CHAIRWOMAN: Let me understand something. Access to the parking lot to the rear then is proposed via John's Road? MS. MOORE: We have a plan that has a one-way ingress, egress. The choice is up to, if the PB wanted to be helpful, they would look at this plan and say, "given our expertise,we believe that you should go in through John's Road, and go out through the access on this property". That is one suggestion that was a possibility that we had internally. That could be the traffic flow. Could it go the other way? And I've spoken to two neighbors now that say, you know it seems that their experience living on that road, that they thought it would make more sense to come in on the property through the access of the property on the property itself, and go out John's Road. My client is amenable to either traffic pattern. It's really a question of site plan. And maybe the DOT may tell us which they think is the more appropriate through their engineering. So we are providing the access, the best possible access, given the nature of the size of the property. Let's see,the access onto Rt. 25 is,I'm sorry the 34' wide ROW, I think it's 35',but more or less,we are willing to improve the 15' or more,whatever is appropriate, to get John's Road to a certain level of access and specifications. Then we get into some of the technical issues. One point they make is the proposed non-conforming building setbacks will preclude patrons for parking in front of the building, and eliminate any use of patron parking on the property along the ROW. We have no problem, we will put signage. The reason we have got as much parking in the back as we do,is we want to make our customers be comfortable to come in and find it inconvenient to park anywhere else. The layout of the building right now, takes all pedestrian traffic, all the traffic from the parking area into the building right from the entrance on the side. We are, I don't think you have a door on the front. No,there is no door on the front of the building. And it's possible we'll have some fencing along John's Road. So if anybody parks on Main Road, they are going to have to walk all the way down the driveway to come in. Or if they park on John's Road, they are going to have to walk either to the front, or all the way in the back, it's going to be very inconvenient. You are only going to do it once, and find out that's it's better to park in the parking lot than it is to park anywhere else. And that's all you can ask whereas to train your clientele and teach them that the way you set it up is the best way. MEMBER GOEHRINGER: Lydia, excuse us, George has got to leave. CHAIRWOMAN: We are going to have to take a break for 2 seconds. Going back to the AT&T wireless application. Everybody comfortable with what we heard today on the entire file and presentation? Okay George,I'll second that motion. Mr. Horning,have a wonderful trip back on the ferry, and I wish we were all going with you. Page 112 of 13 , 113' May 15,2003 Southold Town Board of Appeals Regular Meeting Public Hearing MEMBER GOEHRINGER: It's going to rain tomorrow. CHAIRWOMAN: Well, we could fly back tonight. Thank you, George. I'm sorry to interrupt you? MS. MOORE: Do you want me to continue? CHAIRWOMAN: Okay. MS. MOORE: We're going to get to some of the issues with respect to the site plan. They make a point that the access off of, I'm sorry. They make a point that with respect to the access out of Hess gas station, and the fact they are making a change of zone application, somehow impacts us. I think quite the contrary. If, in fact, there's a change of zone application that they consider a Hess, a change to the Hess site plan, it would be the opportune time to correct what was obviously not considered. Because we have and have had a road cut on this property. I mean it's there now, you can see it. It's a pre-existing curb cut. If Hess is a problem, deal with Hess. We have a certain size property,we can't move it anywhere else. And we have a pre-existing curb cut. I hope that Hess does come in and get sit plan review so that they can address some of the traffic circulation that is from Hess gas station. Now as far as the parking and the aisle width. This made me because the aisle width supposedly has to be 22' in size. CHAIRWOMAN: The aisle width in parking? I MS. MOORE: The aisle width is the distance that is when a car backs out, there's a concern in the code, and it's codified, that when you back out you have sufficient, you have 22'. So there's room for another car. So it doesn't get hit obviously when you are backing out. We have the abilities to provide for a 22' aisle width if we just merely push the parking area closer to the property line. And we left a buffer area that could be vegetated. But given the design of John's road, you could put up a fence. And actually it would be better because it blocks the light even for car vehicles, excuse me,vehicle lights. It might work with a nice,you know, it doesn't have to be a tall fence, 4' high fence, something just to block the light from the vehicle. And we can push as close to the property line as you or the PB would like us to go. That is to comply with a 22' aisle width. There is a second paragraph under that same provision. And what I did is I attached it as exhibit C to the documents. And it says "unless reduced for a 60 degree angle parking, in which case the aisle space should be not less than 16' wide". Well, all it is,is we have a 1-way access. All we have to do is angle the parking in whichever direction the town decides we should go, whether it's through John's or through the Main Road. I'll set the parking on an angle and you've got more than 16'. You've got 22 probably if not somewhere inbetween. So we could meet the code again if there was an effort here to assist the applicant in providing a good site plan, not to obstruct the development of the property. And I'm not directing this to Bruno,because Bruno and I get along really well. And this has nothing to do with him personally. So... CHAIRWOMAN: Okay. You were kind of focusing on the site plan issues. Page 113 of 136, 114 May 15, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MS. MOORE: Site plan issues, yes. _ _ CHAIRWOMAN: And that's fine. I would like to go over the variance issues. - MS. MOORE: The area variance? CHAIRWOMAN: Yes, the variance issues. Let's take them one by one. MS.MOORE: Well, we've got... CHAIRWOMAN: There's some confusion between the board members and myself, so let's get right to that. MS. MOORE: Let's get to the questions, then... CHAIRWOMAN: Pardon me? MS. MOORE: Did you want to ask me specific questions? CHAIRWOMAN: Yes. As far as the second use on the property? MS. MOORE: What we are doing here is, and I attached, again, that the pre-CO that was attached for multiple reasons of the zoning,but also to establish that we have a mixed use here. It's been,prior to zoning, it's been both residential and commercial use. The trailer is primarily a residential use. And what we have tried to do is to make one for privacy so you don't have the commercial and residential so close together. You move the same square footage, and the square footage was like 3, I'm sorry, 407, I think it was. Whatever the square footage of the trailer, 360, pardon me, 360. We move the 360 sq. ft. from the trailer, and just put it onto the 2"d story of the building. So we're not changing,we're not adding uses. We are merely relocating the uses, which the board has, on numerous occasions, looked at and considered given the circumstances and appropriateness. CHAIRWOMAN: Why not just have it as an accessory apartment? MS. MOORE: Well,because for one, it's a permitted existing use. So, an accessory apartment I think is a special permit,right Al? In this zoning district? I think it might be. Off the top of my head, I'd have to look. But the accessory apartment law has,has some caveats and conditions to it. CHAIRWOMAN: Minimum size. MS. MOORE: Yes,minimum size. Now,we have no problem enlarging the apartment to meet the minimum size requirements. But we were trying to do a like kind exchange, a like for like. Page 114 of 136\ 115 . May 15, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing � 4 Taking the same square footage without an increase,because we thought maybe we could persuade the BD that, you know,we're not increasing the size of the nonconforming, and therefore just moving it. But since we were here anyway, they prefer to include it all in one. BOARD SECRETARY: Excuse me, there's no special exception to that,right? MS. MOORE: No, no, no, no. She asked me the question, why wouldn't we make it as an accessory apartment. We actually waited,we waited to resubmit until the Town Board thought about the accessory apartment law. Because they had a public hearing on it, they thought about it. But because of the master plan, the study that's going on, they didn't want to approve it, separate and distinct from the planning study that's being undertaken. CHAIRWOMAN: I thought it was approved. MS. MOORE: No, it didn't get approved. You have an accessory apartment law on the books. No, I mean I know, for sure, it was tabled. Because I waited to see if they approved it that night, I was going to come into the BD. They had no problem with it. But because it wasn't approved, they tabled it. I had to proceed with a nonconforming, you know,the relocation of the nonconforming use to the 2nd floor. CHAIRWOMAN: A couple of things, as far as the second use on the property, you're looking 7- for a quick pro quo. And what I'm saying is you have a couple of options in handling that. You ) can handle that as an area variance to the area of special exception. In that you don't need it, it's 450', what's the minimum requirement? I don't know. MS. MOORE: 450' is the minimum. What I'm saying is there is no special permit, there is no need for an application if you have a pre-existing non-conforming. The use itself is... CHAIRWOMAN: Those are a couple of the options. MS. MOORE: Sure, if we did not have a pre-existing non-conforming,we could have made an application separate and distinct. Pretend that the mixed use wasn't there. We could have come in on a special exception application for an accessory apartment. Did I answer your question, then? CHAIRWOMAN: Yes. I understand. The other thing is we do have the maps that you had presented,you know, the original survey. What is very difficult to see though,because I have these little maps. These little blueprints. Excuse me, the little 8 '/2 x 11 maps, showing the proposed construction and the existing construction,but it's kind of rough to see that in, I know on the engineers whether on the survey. The survey does not show us what's existing. I wish we could just see something that shows us... MS. MOORE: I might be able to explain it very simply because it is very simple here. You have, existing, along the front property line, 15.2. If you add the 8., or the, I'm sorry, 6.8, I'm i c- Page 115 of 136,, 116 May 15,2003 Southold Town Board of Appeals Regular Meeting Public Hearing looking at it upside down. 6.8, that jog behind the front, there's like a front box, then there's a middle box, then a side box. The front,what they did is, for purposes of, they said for purposes of, they said,well, if I have to come in for a variance, why don't I square it off and just square _ off where the existing front box is 15,we're asking for 22.2. It's the, tell me if I'm right, 6.8 plus 15.2, what's that add up to? 22 something. CHAIRWOMAN: I have 9.7 and 12.5 on this plan. MS. MOORE: Which plan are you looking at? Because I'm looking at the architect original. I'm sorry, I just didn't have the other one open. Okay, 12.5 was the existing Q section, right? CHAIRWOMAN: Correct. Then you're showing a new section that is 9.7. MS. MOORE: Right,right,what they did is they boxed in the 6.8. These numbers don't match What it is, I have an architect that did Christopher Stress. I don't know if it's accurate. I'm going to stick to the one that we know, Mr. Pike... CHAIRWOMAN: The one, the architects the 8 %2 x 11, architects plans are showing... MS. MOORE: Right. That's the one I have in front of me. e CHAIRWOMAN: It's showing a new section that measures 9.7x12.6. MS. MOORE: Correct. That would be a squaring off of the front of the building. CHAIRWOMAN: That also brings you closer to the front yard. Because you're doing that. MS. MOORE: Because the building is on an angle. That's the only addition to the structure itself,but then the stairway to the second floor, the architect recommended an exterior staircase because you have a kitchen in the building. You want to try to keep a separate and clear access pass, that's why the stairway goes and it pushes all the way to 1' off the property line,because it's just the stairway, an exterior stairway to the 2nd floor. And the exterior staircase actually does not show on the plan by Mr. Pike. It's shown by the surveyor. And what it does is the stairway just, the 3.4, it's 3', the stairway is 3'. The 3' stairway with a platform up at the top so it gives the chance for the door opening out and clearance for the open door. CHAIRWOMAN: Let me ask you a question on all the proposed additions,why not put everything to the back. Why encroach on the 5 which are practically at 0 lot lines and in toward the road? MS. MOORE: Well, to begin with the kitchen is in the back. And we can't mix, we have to segregate the kitchen with fire-rated materials around it. So the way that this has been designed is the retail portion is in the front, and that kind of pushes,kind of forces the situation a bit because it makes the retail area,trying to square off the retail area. To make it,because it's a Page 116 of 136 117 May 15,2003 Southold Town Board of Appeals Regular Meeting Public Hearing very small building. Obviously it's a very small building. What we thought, I mean we did try to think on our feet as far as how we could improve upon this. And the reason we have the existing setback to the front is because we are trying to take the pre-existing structure expanding upon that, and that's what creates the greater encroachment to the front. I asked my client, even though it's, would cost more in construction. Could we move the building back some? We have some 5', certainly less than 10', but we certainly have 5'. We could push the building back 5', but it would require your kind of, as alternate relief,because the variance, you know, we've got existing setbacks. CHAIRWOMAN: Let's get to another point. When I went down and looked at the building, and I'm definitely no engineer, it really does look like it does need a lot of work. And structurally, I have to say that if it was my own house, or if I was thinking of buying it, I would have to, I would want to get an engineers certification that the existing structure could support... MS.MOORE: Well,we have the architect here. You're, you're right. CHAIRWOMAN: I'm talking about engineer's certification. Because what I don't want to see here, and what the board doesn't want to see here, is construction going on, and oh my gosh, look,it's not structurally sound down to the foundation. Oh gee, we have our footprint, and it's going up again. It's not. Period. So, a couple of things, ideas, it's a very tough spot. It's a very though spot. It's very small. I think everyone would like to see it improved. It's right on the road. How do we get it off the road? First of all, we can knock off that 12' existing section. The first thing to do, and I'm very serious, the first thing to do is get engineers certification that the existing structure, the integrity of the existing structure is strong enough to support a second floor. That's the first thing I want to say. MS.MOORE: Right. It's essentially going to be renovated. So to the extent that it needs foundation work. It needs additional structural supports. It needs, you know, fire rated materials around the kitchen. So you're going to see, to the extent that you keep the walls up, there's going to be a lot of construction to bolster everything that's there. So it's not going to be a bulldozer tear down. But it is going to be the way that we preserve pre-existing setbacks here is to retain, to the extent you can,with structural elements to add to the existing wall. And we are definitely... CHAIRWOMAN: That's what I'm saying, we're not going to preserve a pre-existing setback because right now, you need a variance for it. Right now there's a lot of concern about the location in terms of long term planning, in terms of the PB. You said it yourself. It's going to be a long hoe. So rather than trying to preserve the existing setback, why not think about moving the whole dam thing back? You know a lot of that work is going to come down. You know a lot of the structure is going to come down. So let's talk about that. MS.MOORE: That's fine. We can talk about, let me show you a different,we looked at that, we looked at a rectangular plan. And I have it just as a working drawing because it's just... s Page 117 of 13N 118 May 15,2003 Southold Town Board of Appeals Regular Meeting Public Hearing CHAIRWOMAN: No, this is the time to do it. This is the time to... MS. MOORE: That's why we are here. We are here for that reason as well. CHAIRWOMAN: The board secretary, having a better memory than me on something, the local law with respect to apparent apartments, accessory apartments has been adopted. BOARD SECRETARY: It was adopted on May 6th and it was certified to us on resolution number 277 of the Town Board. MS. MOORE: Accessory apartment law? BOARD SECRETARY: Yes. For the B zone. MS. MOORE: Oh, got that far back on the table. Okay, sorry, that's good. We still have,it's still the same conditions here because... BOARD SECRETARY: There are different conditions. It's a little different. MS. MOORE: Can I get a copy of that? BOARD SECRETARY: It is also with the Town Clerk's office. MS. MOORE: It doesn't change the fact that we have a pre-existing here. So, is it as of right? Or is it by special permit? BOARD SECRETARY: Subject to conditions and BD review. MS. MOORE: Okay,but it's not a special permit. BOARD SECRETARY: It's not a special permit. MS. MOORE: I knew that was coming in, that it was an improvement on what was there. So okay. BOARD SECRETARY: But it also says it can't be more than 40% of the principal building. So there are other limitations on it. CHAIRWOMAN: Well you can review that. MS. MOORE: Yes, I'll, I'll look at that. Okay. What we have is Young&Young trying to come up with an alternative here that takes kind of the same square footage,but in this instance, obviously, we have not pushed the building back. We could. We agreed that it was not a problem. We didn't want to push, I mean you have Hess right there. You've got Hess's sign. Page 118 of 136,,, 119 May 15,2003 Southold Town Board of Appeals Regular Meeting Public Hearing ) You've got the best place for the parking is the back. Wouldn't you agree? You wouldn't want to have all the parking in the front. It's just, the traffic circulation makes sense to have the parking the way it is. Whether we demolish and rebuild, either way. But certainly, we could push the building back. CHAIRWOMAN: You could push the building back, get rid of the stairs on the landing, incorporate that into, so that it's not so close from the property line. Instead of trying to have the building... MS. MOORE: Well we were kind of hamstrung, I agree we were hamstrung by the fact that the pre-existing structure is where it is,but there is still a recognition of a pre-existing structure. CHAIRWOMAN: It's recognized,but so what? MS. MOORE: Well... CHAIRWOMAN: In practical terms... MS. MOORE: Well put it this way... CHAIRWOMAN: In practical terms if you can't get approvals for it, or if you're not going to -\ get approvals for it, an expansion in the existing footprint... MS.MOORE: Well we try to be reasonable as well. Certainly business zoning requires 100' setback. CHAIRWOMAN: I don't think you're going to make it. MS. MOORE: No,we wouldn't do that anyway. It wouldn't make sense. You'd be cutting the property in half and the parking would be bisected. You also have a nonconforming lot provision that is applicable here, and you have a front yard setback of 35'. So that's... CHAIRWOMAN: What's the nearest setback on the, you have Hess on,what's the nearest on the east? MS. MOORE: East? On the other side of John's road is a house, the brown house with a stairway that goes up to the second floor. The owner is right here as a matter of fact. CHAIRWOMAN: What's the setback on that? MS.MOORE: How far are you from the road? ROBERT MILLER: Front edge? Page 119 of 136r� • 120 May 15,2003 Southold Town Board of Appeals Regular Meeting Public Hearing i ) MS. MOORE: Yes, it's pretty far back. Yes, it's very far back. But your property is very big. BOARD SECRETARY: I can't hear, and we don't have a name. MS. MOORE: Sorry. LUCK MILLER: My name is Luck Miller. MS. MOORE: Luck Miller is the owner of the brown house. BOARD SECRETARY: What was your answer? MS. MOORE: It's very far back. MS. MILLER: 40? MS. MOORE: It's more than that. No, it's at least 60' back. BOARD SECRETARY: Sorry, I didn't want to forget you either. What's your name,please? ROBERT MILLER: Oh, I'm Robert. CHAIRWOMAN: I think what we really need to think about here is creating a building envelope. Not how can we tack on to something that, quite frankly,unless you can prove it to me through an engineers report that says we're not going down to every wall, or let's look at a building envelope that's going to give a very reasonable setback from 25. Wipe out that angle that creates the 2' setback. MS.MOORE: Well, to a certain extent,because it should parallel the Main Road. I mean visually... CHAIRWOMAN: Pat, some of the most beautiful designed buildings, architects are very creative. MS. MOORE: I agree. CHAIRWOMAN: Let's look at that. It looks like a long-range plan that will be workable, and won't severely impact traffic, or the neighbors, or something else. MS. MOORE: Okay. Well... CHAIRWOMAN: That's pretty much where I'm coming from. • Page 120 of 13k May 15,2003 Southold Town Board of Appeals Regular Meeting Public Hearing ) MS. MOORE: We will listen to whatever recommendations, again, I'm frustrated because the Planning Department could be so helpful here. And they're not,no offense,Bruno. Young& Young is a very good engineering firm. They have come up with, I think a site plan that looks good. The placement of the building obviously is up to us. And we have room to push it back. _ It's at least 20', I think. If I'm reading the, if 24 is the width of this, that's got to be at least 20. So, not pushing it back to the first parking lot. CHAIRWOMAN: If you look at the space, I don't have a ruler with me but I think you can come back to get a setback on that property of at least 40'. MS. MOORE: You're going to eliminate parking. You don't want to do that. CHAIRWOMAN: Take a look at where, I don't have a scale with me. I wish I had. MS. MOORE: That's why, no, I was looking, look at the size, the width of the building is 24. If you just... CHAIRWOMAN: Look behind the building. Directly behind the building. On the new plan that you just showed me. MS. MOORE: Yes, it has a handicapped parking space there. CHAIRWOMAN: That's quite a distance back. MS. MOORE: Right, and that measurement is about 20'. That's what I'm saying. CHAIRWOMAN: Is that what you're saying? MS. MOORE: Yes, that's what I'm saying. And we have no problem pushing it back as far as possible so we still retain that parking space that should be close to the building anyway. That's the area we could push back. CHAIRWOMAN: And the parking spaces that you are showing would be for retail, or take-out restaurant, or under what? MS. MOORE: Pardon me? It's retail. I mean you see the inside, the layout of the unit. It's not a restaurant. That's, no, we could work out that. Now do we,well we'll talk to Planning about maybe it's appropriate to put parking in the front so that people on the Main Road are not. I don't know. CHAIRWOMAN: Jerry, do you have any thoughts on this? You and I are usually on the same page on stuff like that. Page 121 of 136,, 122 May 15,2003 Southold Town Board of Appeals Regular Meeting Public Hearing ) MEMBER GOEHRINGER: No I actually want to study the idea of another building. But I have big problems with the use of John's Road as either ingress or egress. I'd like to see you use the same existing driveway as ingress and egress, and push the building over as close to possible. If _it's utilized at all. I just think that road impacted is a heck of a problem. But that's my opinion. MS. MOORE: We would obviously respectfully disagree that one-way traffic might work best here. MEMBER GOEHRINGER: I couldn't agree with you more,but the availability of that driveway... MS. MOORE: What driveway, I'm sorry. MEMBER GOEHRINGER: Johns Road. I suggest it only be used for emergence access for particular reasons. Similar to what we did with McDonalds. MS. MOORE: What? No, the use of Johns Road was crucial to the purchase of this property. Without the easement, they wouldn't have bought this property. Because they knew that circulation is important to have it the way it's been designed. Plus also their agreement to improve Johns Road is to use Johns Road. If you're only going to use it for emergency access, well, one it's going to create a problem because people aren't going to realize it's just for emergency access. And secondly,you know,you're not going to improve a road to be used as a ) primary access just for emergency vehicles. That's just not reasonable to expect of anyone. Plus you'd have to have a circulation. A turning, turning with inside the property that is going to just create traffic problems inside the property as well. Let me go into what this,because maybe we're getting an idea of what the use is here that's going to be much more intensive than, respectfully, to my client,which they'll actually have. They have, they have, their idea,their dream child here is to do something like Citerella's or a very high end, very, I'm not going to say limited in it's menu,because it's a very diverse menu. But it's not standard fare. And what I asked them to do, and they did a beautiful job of a menu. Now this menu has everything they could possibly make, obviously. So on a particular day, they'll have a selection of items from this menu. But when you look at this, you will see that it is not,not Wayside Market, it's not Grateful Deli, it's not Apple Tree, whatever deli. It's very exclusive. It's very different. They think there is a need for it in Southold. Obviously they wouldn't invest... MEMBER GOEHRINGER: Okay, you've got to give that to Linda. - _ _ -- MS. MOORE: I'm sorry, I didn't give you enough. I only have a few. I think what we are visualizing is much more traffic than what I think would actually be at the site. CHAIRWOMAN: How many seats were you planning? Page 122 of 136,-_ 123 May 15, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MS. MOORE: Pardon me? CHAIRWOMAN: How many seats were you planning? MS. MOORE: Seats? There are no seats. Counter, a couple, like 4 or 5, counter,maybe like stools. Maybe if there's room. CHAIRWOMAN: We were talking about if we were to do something similar to what we did with Dickerson, which was to create a, say here's the property, and let's look at a reasonable building envelope on the property. Because there's a possibility that the whole building may not be there, or whatever. MEMBER ORLANDO: Relocation. CHAIRWOMAN: So, we're talking about... MS. MOORE: I gave you a plan that Young&Young prepared. MEMBER ORLANDO: The rectangle. MS. MOORE: I'm sorry, I didn't know... __.) MEMBER ORLANDO: But the rectangle's kind of just boxing off the whole thing existing. We already addressed that. MS. MOORE: No, no, no. Taking that, let's assume we take that or something close to it,yes, straighten and push back. There is about 20' of green area behind the building that is before you get to the handicapped parking space that gives us room to push back. That would make certainly a lot of sense. MEMBER ORLANDO: What is the'minimum width of the asphalt driveway? MS. MOORE: Which side, I'm sorry. MEMBER ORLANDO: West side. MS. MOORE: Well,we have here, it varies, I mean, you have, from the ramp... MEMBER ORLANDO: Is 10' the minimum required? MS. MOORE: For a driveway? MEMBER ORLANDO: On that side of the building. S" Page 123 of 1316. 124 May 15, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MS. MOORE: I don't know if there is a minimum to be honest. We have 12,it's a variance from 13, almost 14 to 12 to 14.6. CHAIRWOMAN: But that's what's existing. That's not to the property line. In other words, to the property line... MS. MOORE: I'm sorry. I misunderstood you. There might be a few feet more to go right to the property line. Yes, if you straighten it out and you blacktop right to the property line. You could actually squeeze a lot more out of it. CHAIRWOMAN: You can also turn that around. MS. MOORE: Turn what around, I'm sorry. Yes, straighten the building. CHAIRWOMAN: Yes. MEMBER ORLANDO: Because now when the person comes down the stairs, they don't trespass off,I mean you come down those stairs basically on the ROW. MEMBER GOEHRINGER: The stairs should be in the back of the building. MS. MOORE: We tried that,but it's right where the kitchen is. And you can't put egress for an apartment over a kitchen. MEMBER GOEHRINGER: Then put it internally into the building. MS. MOORE: That's a consideration, sure. CHAIRWOMAN: Okay, what I think we'd like to do then is to look at some other plans. Get the engineers report... MS. MOORE: What engineers report? CHAIRWOMAN: The engineers certification so that we all know what's there and what's coming down. MS. MOORE: We'll concede that we'll take it down and build back. I don't want to waste their time or money on getting reports when we will orally amend our application to rebuild in an area within the original footprint,but pushed back. CHAIRWOMAN: Let's start from this. Let's really think about getting this as far back from Rt. 25 as possible. That's the first priority. Look at, think about this in terms of it being a brand new, virgin piece of property. And here's what you want to do. And here's what we can do that Page 124 of 13C_ 12S May 15,2003 Southold Town Board of Appeals Regular Meeting Public Hearing ) will work in the neighborhood that will respect the setbacks, the guidelines, the concerns of the neighbors, concerns of the PB, and look in that direction. Does that sound reasonable? MS. MOORE: If I knew, yes, I'll work on it. But we'd like to keep, I think, the parking and the _ layout the way it is. Because, again, it's a very narrow property. And Young &Young took an awful long time to squeeze what they got here. Could we push the asphalt over? If you don't have curbing on the asphalt,you could go right to the property line. Or maybe even curve up to the property line. You have Hess that's kind of sloppy over there anyway. So we could certainly take the asphalt... CHAIRWOMAN: It kind of drops, is what it does. The parking lot is like this. MS. MOORE: Yes, there's a grade change,right. CHAIRWOMAN: And then this property... MS. MOORE: So we might actually have a small retaining, it's really a curb,partial retaining wall, curve that goes along your property line that opens up the access as much as we can. Also straightening out the building to a certain extent will expand that area, the entrance by, certainly, I think, a good foot. We'll look at the stairway, eliminating it as an exterior staircase, okay. CHAIRWOMAN: What's shown on the ROW now, on the Johns Road? Is that the actual way it appears on the... MS. MOORE: Yes. CHAIRWOMAN: It is. It's irregular like this? MS. MOORE: Pardon me? CHAIRWOMAN: It's irregular shaped? MS. MOORE: Yup. It kind of meanders back and forth because there are some trees. So I think that, you know,we asked Corazzini to improve 15',blacktop 15'. CHAIRWOMAN: What's the total width of the ROW? MS. MOORE: 35, I think. CHAIRWOMAN: And when they improve the ROW, are they improving it? Are they going to improve it in the middle of the ROW to one side of the property line, ever? Is that something that's been discussed? MEMBER ORLANDO: The real property line east,probably. Page 125 of 131 126 May 15,2003 Southold Town Board of Appeals Regular Meeting Public Hearing )k MS. MOORE: Yes, I mean if there's a large tree, and you don't want to remove the tree. You may want to,you know, respect some of the vegetation that's there to the extent that it gets pushed in one direction another. As long as you're within the 30' ROW, there's flexibility there. Corazzini, I think, to a great extent,uses kind of intuition as he goes through and paves. We can have Young &Young try to draw it in,but I don't want to delay it. We will improve it within that area and we can agree that's it's going to be improved to a width of, well we'll have to double check, if we can improve it to a width of 15'. But that's what we're paying for Corazzini to do. So, to the extent that there isn't any obstruction on the road that would be an impediment. CHAIRWOMAN: Why don't we give people in the audience a chance to voice their concerns. Is there anyone in the audience who would like to speak for or against the applicant? FRANK MILOWSKI: My name is Frank Milowski. I own 2 properties on John Road. I've lived there a little over 35 years. And as far as the width and getting out on that roadway in the summertime is quite awesome. The width of that ROW is 25'. And it runs back another 100'. And then it opens to 33'. Like I say, I've lived there over 35 years. Mr. Luniewski, or whatever his name is, claims to, all of a sudden, own this. He's bought a piece of property there. He doesn't have a home there. I have 2 pieces of property, and 2 homes there. And I think whatever a deli would do would impede, god forbid my house was on fire, and there's traffic from the deli holding up the emergency vehicles. And basically that's it. I don't see how Mr. Luniewski can claim the ownership of the ROW, and say"it's okay, go and do what you want with it". CHAIRWOMAN: We will ask for proof of fee title. MS. MOORE: Fine. I can do it. CHAIRWOMAN: We'll ask for proof. MS. MOORE: You have a survey also that the surveyor actually,he takes a description of the property based on title. So that's why I gave you the survey, the Luniewski survey that includes the fee title. MR. MILOWSKI: He's gonna, he'll probably benefit from this also with the paving of the road because he bought the property. The property, from my estimation, is unbuildable, that he purchased. And he also took an excess road 33', which went to the rear lots, to put his house setting on, so he could pass with the DEC. And his sewer lines would run on this ROW,his waterway, or his fresh water system would be across from the 33' ROW,which is, to me, it's taking a lot of advantage of something, I don't know what. So, if you can show me, or the attorney can show me how all of a sudden he owns all this stuff by buying the last lot in the area from Cardinale who couldn't build on it himself. And the lot's been existing for quite a few years. Page 126 of 13 .. 127 May 15,2003 Southold Town Board of Appeals Regular Meeting Public Hearing CHAIRWOMAN: You're talking about his lot, not... MR. MILOWSKI: Mr. Luniewski's lot,yes. CHAIRWOMAN: Not the lot in question. MR. MILOWSKI: It's not the lot in question,but the idea is, you know, he's saying"the ROW is mine". "I don't live there, I don't care, go ahead,pave it, do whatever you want, you know, that'll help me." I've lived there for 35 years. I've done well without having a paved road. And the traffic is horrendous in the summertime. So to add to the impact of the traffic with a deli being right in my driveway. And, certainly, with these people saying they bought that with the idea that they had the ROW also which I believe is false. That's why the previous owner put up a hedge. CHAIRWOMAN: They do have a deed saying they have the right to use the ROW. We do have that in the file. MR. MILOWSKI: I'd like to have a look at that,please. CHAIRWOMAN: You're more than welcome, sir, anytime you want to come and look. (Th MR. MILOWSKI: Okay because I was just there with some other. I haven't seen it. Thank you. CHAIRWOMAN: Is there anyone else? Yes sir. JOHN SAWICKI: Ladies and gentlemen, board of appeals, Ms. Moore. John Sawicki, I own the property right across the street from this gentleman's proposed whatever he's going to make here. I wish you all the luck. However, I don't see how this man is going to survive in business. We have so much traffic in this little area. It's probably the most congested area in Mattituck. You know, you have one of the main arteries for the east end. You have Bay Avenue, Legion Avenue. You've got a bank on one side, Hess gas on the other side. You have my office, which I've been there for 35 years. And if there's not an accident a week in the summer,you know, there's 2. Most of your deli traffic, unless you're going to have a special clientele that comes in at not peak hours, are going to be coming from the east. And coming from the east early in the morning, coming from the west,All right. You're going to have to stop,make a left turn, get into his place, Johns Road. No matter how he cuts the cake up front and the back, they still have to cross the road. You're going to back up traffic either way. You are going to have people coming out of the Hess gas station. You are going to have people, Legion Avenue, all over the place. And what his restaurant, or whatever he's going to have, is going to do, is going to congest the traffic on the Main Road more and more. Now you can't extend the size of the road to accommodate him or anyone else in that area. This is a core building area. And, I guess, local people look to outsiders to sell something off in hope that they are going to make a success out of it. I wish you well,but I'm telling you it's going to cause more of a major problem then we Page 127 of 13 128 May 15, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing already have. It's not even summer yet, and you can't make a left turn any place down there. I wish him luck. I've seen businesses come and go. And mostly they go. So,my concern and my neighbors concern, you might have a couple of written statements, it's not a good thing. It might be a very nice thing, the best thing in the world for Mattituck. But the location, I don't think is - proper, for the people of Southold Town,not just us local people. Thank you very much. CHAIRWOMAN: Is there anyone in the audience who would like to speak for or against the applicant? Yes,Bruno. BRUNO SEMON,TOWN SITE PLANNER: On behalf of the Planning Board, I'm Bruno Semon. I'm a Site Planner. And I want to submit something to the ZBA. Good afternoon ZBA. CHAIRWOMAN: Thank you very much. MR. SEMON: This is just, I was asked by the PB to address the use of a restaurant, take-out. And I realize you are going to have a public meeting, so it's not necessary to go. MEMBER GOEHRINGER: Could you find out when that's going to happen, Bruno? CHAIRWOMAN: Yes, because the real tricky kind of issue we are getting into here is that if there's, you know,if we are going to do an interpretation, we have to advertise it. So there is no !�1, public notice (at this time). t. BOARD SECRETARY: You'll need to submit a form, and then there's a hearing procedure that follows. CHAIRWOMAN: We will take this from you,but to take testimony from you, at this point. MR. SEMON: I figured it was premature. I was requested to come down, so I'm doing that. CHAIRWOMAN: What we would ask is that if, you know, you come down, and just file an application with the board. The minute you file the application, we can get you calendared for a hearing. MR. SEMON: I'll address that tomorrow. CHAIRWOMAN: And what we will do is we'll keep this, and put this as part of the hearing record. At which point you can come back and testify. But we have to advertise it. Okay? MR. SEMON: And just on behalf of the board, I think the PB would like to see this property develop. I think the concern is just safety in a general sense, and making sure that what is finally accomplished is something that's going to be long term and beneficial to the neighborhood environment and so forth. There's no roadblock on behalf of the PB. We have an incomplete application. It is going to be incomplete. It could take on some other submittals if the building Page 128 of 130(, 129 May 15, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing changes and the site plan is submitted. So we can review it, and hopefully come up with some input. CHAIRWOMAN: Maybe that's a good direction for you to head in,because I think we are on the same track that we've tried to create a building envelop and flow pattern that makes sense. Rather than just saying,there's what's there, let's try to tack on. So, I think that would be good. MR. SEMON: It sounds like a great idea based on what Pat had testified. It seems like the majority of the building may have to be taken down and rebuilt, or structurally rehabbed. So it makes sense to reconfigure it for the best of the property. Thank you. MS. MOORE: I just have a couple more things that I haven't yet put on the record. It will be quick. Mattituck Chamber of Commerce(MCC) looked at this, and they have a letter in support of the application. Can I read it or, do you want to? It's very short, do you mind? CHAIRWOMAN: Go ahead. MS. MOORE: I know because not everyone's had a chance to hear it. I'm writing this letter on behalf of Board of Directors, MCC. Ms. Gail Dessimoz, and, Mr. Micheal Racz the principals of East Enders, Inc. are about to open a high-end food establishment in Mattituck. The business that they plan to open is both a needed entity and a plus for the community. East Enders, Inc. has informed us that for the convenience of their customers they are building a parking lot and planning on paving the ROW, John Street, so their customers will have an easy in and out traffic flow to the Main Road. Their plans also include the redesign of the building's frontage on the Main Road, which is what is needed in that part of town. As you are well aware of the eyesore directly across the street. East Enders, Inc. will be hiring local people, enhancing the local economy. It is the opinion of the Board of Directors of the MCC, that this business would be a welcome establishment to the hamlet of Mattituck and we sincerely hope that you will work with them to achieve their goal of opening their business. So that was signed by George Solomon, President. I'll put that on the record. I also wanted to give you an idea,the building that they do plan to propose, and that's why I suggested that it would make sense pushing it back a little bit. The architect designed this. It obviously has to go to architectural review,but they are really putting an enormous amount into this building, so just to give you, here's the letter. CHAIRWOMAN: It's very nice. MS. MOORE: It is an enormous community development project for this area. Yes, and, that was really all of our reactions, imagine pushing it back 10',you know whatever we can accomplish. Pardon me? CHAIRWOMAN: (inaudible) MS. MOOORE: Well,we have only 20. So to the extent we can massage it into there, again, not losing parking spaces, that's crucial. But pushing it back some. _ i S Page 129 of 13. 130 May 15, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing CHAIRWOMAN: Is this the minimum parking spaces that are required, Bruno? MR. SEMON: Excuse me? CHAIRWOMAN: Bruno? MS. MOORE: Does it meet the parking, Bruno? CHAIRWOMAN: The parking spaces that are on this plan,is that what would be required under retail, the retail category they are under now? MR. SEMON: Depending on the configuration,it's going to meet most of the requirements. It's slightly shy, so that would have to be a waiver because of the accessory apartment, and possibly where housing. So depending on the way the space is configured, it could be under, it may just make it as retail only. Definitely not anywhere near restaurant. MS. MOORE: Right. It's not a restaurant. But for sanitary reasons too, the Health Department (HD), we're not making this a restaurant. So consistent with all our applications, we are doing it as a... MR. SEMON: Actually, Mr. Orlando, you had asked about a question about access. It's in the Town Code, you need 15' for access. That is the town requirement. MS. MOORE: For the roadway? MR. SEMON: Well, the driveway, this driveway coming in. CHAIRWOMAN: That's the driveway. MEMBER GOEHRINGER: That's ingress or egress. MR. SEMON: Either or, it's minimum access, 15' wide is what's required, so we're shy on that, as... MS. MOORE: But keep in mind, we have a pre-existing curb cut that doesn't meet it now. CHAIRWOMAN: But what they are showing now doesn't go MEMBER GOEHRINGER: That's ingress and egress? MS. MOORE: One... MEMBER GOEHRINGER: One in or one out? • 2 Page 130 of 131 131 May 15,2003 Southold Town Board of Appeals Regular Meeting Public Hearing • MS. MOORE: 15' in or out. It's one way, it's ingress, egress. One road, 15'. MEMBER GOEHRINGER: Let me just ask you, you know, Mr. Milowski, is a friend of mine in the back. I've known him for 35 years myself, okay? And I have to say that the only way this is going to work, the only, physical way this is going to work is if you widen Johns road, and you move this building over closer to Hess. And you create an ingress and egress on the mouth of Johns Road. You raise the elevation of the property, you don't have this downward slope going in, and it's the only way it's going to work. So that you immediately make a right into their parking lot from Johns Road. And you improve the entire situation of what you have. This in and out on the same situation of a circular motion is definitely not going to work. It can't work. MS. MOORE: Okay, so your opinion would be to actually pick up the building, move it over towards Hess, a little bit back, not too much. Take the parking area,make it merge to the Johns Road access. MEMBER GOEHRINGER: As only single, after... MS. MOORE: Parking,where does your parking, your parking goes in. You come in from Johns Road... '`h MEMBER GOEHRINGER: You make an immediate right in back of the building, and you go ,Y into their parking lot. That's the only way it could work. At the end of that, at the end of their property, a sign has to be posted that this is private property, and that no one is to go any farther than this. Because regardless of who owns it, it's a housing development. Okay, it doesn't house businesses. And that's the situation. MS. MOORE: Why don't you draw it right here? MEMBER GOEHRINGER: No, no,no. The PB is much better versed in doing that, and I get in all kinds of trouble in doing these things. MEMBER ORLANDO: Is Johns Road a private road? MS. MOORE: Yes. MS. MOORE: It's privately owned. MEMBER ORLANDO: Do you have to dedicate that road if you improve it like this? MS. MOORE: No. It remains private. Luniewski will own the road. We have ROW. So to the extent our ROW uses,you know, any part of that, we're allowed to. In and out of Johns Road. Page 131 of 13¢C 132 May 15,2003 Southold Town Board of Appeals Regular Meeting Public Hearing 7--) MEMBER GOEHRINGER: It would come in and out on Johns Road, they would go in and out of your parking lot at the same point. It would be an in and out. None of this circular stuff. And the problem we have is we have a very nice lady who's lived there also for 25 or 35 years, so I've known her son for I don't know how long. And the same situation. MS. MOORE: You're essentially reversing, you're reversing the parking, moving, the building could be centered, or where ever because you're eliminating the access on the Main Road. CHAIRWOMAN: But you're accomplishing two things. You're getting it back, and you're getting it so you don't have to worry about the two accesses. MEMBER GOEHRINGER: The only problem you have is an impact on the neighbors. CHAIRWOMAN: The real issue here is... MEMBER GOEHRINGER: I've studied this... CHAIRWOMAN: You've got a lot of options. MEMBER GOEHRINGER: I've studied this access for as long as I've been a fireperson, and I have to tell you the access is a problem. And that's the problem. MS. MOORE: Okay. MR. SEMON: It's possible with the configuration,just mention that there will be additional parking, which would also make more sense by moving it. CHAIRWOMAN: You've come up with some creative ideas. MS. MOORE: I'll give you one of these. You red line it. MS. SEMON: You'll have to come in, and we'll address it. MS. MOORE: Oh we can do it together. CHAIRWOMAN: Yes why don't you do that. MS. MOORE: We just don't want this to be an inordinately long process because unfortunately, not your fault,but the original application was withdrawn and threw us months back. MEMBER GOEHRINGER: Pat,it's all predicated on the PB filing this interpretation. MS. MOORE: Maybe you withdraw your interpretation request, and we move forward. It's up 1, to you. Page 132 of 13k 133 May 15,2003 Southold Town Board of Appeals Regular Meeting Public Hearing MR. SEMON: I think with respect to actually doing the site plan, a design professional, your design professional should configure it and come up with some ideas. And we can just do preliminary stuff. Bring it in, real sketchy,preliminary, and we can address it from that point. CHAIRWOMAN: Okay, sounds good. MS. MOORE: Do we have a time frame on this application for the interpretation? CHAIRWOMAN: We really need to get that application in from you. MR. SEMON: It's beyond my control,but I'll my best to start it tomorrow. CHAIRWOMAN: All you have to do is come down and,because it's the PB,we'll only charge you double. MS. MOORE: Put it this way, if they do not get it in, then you have to proceed with our application, and we'll, I don't see how they can come to a different interpretation. MS. SEMON: It would be a good idea to, the PB would prefer it be town wide and just deal with this issue at hand. CHAIRWOMAN: Okay, time frame wise, what are we looking at here? MS. MOORE: What we are going to try to do, to move this along, Lydia, excuse me. What we are going to try to do is Pike, Mr. Pike is the architect. He could probably take this and since we are in the preliminary stages of the layout, do it relatively quickly for us. Because obviously Young &Young takes much longer time. So we can work with the configuration and then give it to Young&Young for site plan details,you know, the tweaking that the PB will then need. CHAIRWOMAN: I think the problem is that we are not going to be able to go too much further with anything until we get the interpretation. Because that has to do with... MS. MOORE: Well I have the BD that hasn't given an interpretation. CHAIRWOMAN: I understand that. But until the board looks at that, that will determine the number of parking spaces, correct, Bruno? MS. MOORE: Well you'd be overturning what the BD has been doing for at least 15 years. CHAIRWOMAN: We're not having a hearing now. MS. MOORE: No,I understand that. Page 133 of 13#C 134 May 15,2003 Southold Town Board of Appeals Regular Meeting Public Hearing CHAIRWOMAN: We're not having the hearing... MS. MOORE: I understand that, but if there's disagreement, there's a legislative branch. CHAIRWOMAN: It's late in the day. MS. MOORE: There's a legislative branch. CHAIRWOMAN: We will ask you to get that to us so we can calendar it. MR. SEMON: Certainly, I will ask about it. MS. MOORE: I would hope expedite a review for the PB, otherwise I end up waiting 4 months for my hearing. CHAIRWOMAN: Actually since it's going to be the PB application, I think we'll delay it for 10 or 15 years. What's a reasonable date to look at for a public hearing, Linda? BOARD SECRETARY: I would say if the PB application is filed tomorrow, we can advertise that Interrupted) CHAIRWOMAN: As part of this packet? For June? BOARD SECRETARY: No it's a separate application. MS. MOORE: It's a continuation of our hearing. • BOARD SECRETARY: Actually,my thought is to get that done first. Because you need to have that finished before you can really respond to this application. CHAIRWOMAN: But we could have the PB's hearing in June, and then... BOARD SECRETARY: July 1st at the special meeting. CHAIRWOMAN: Want to carry it to July 1St? BOARD SECRETARY: You wouldn't have a determination in writing until July anyway. MS. MOORE: For us, July is not, you know, it's a delay,but it's not too inordinate. CHAIRWOMAN: By July,we wouldn't even have a decision on it. BOARD SECRETARY: July 24th we could. Page 134 of 13 135 May 15,2003 Southold Town Board of Appeals Regular Meeting Public Hearing _ CHAIRWOMAN: July 24th,because by that time we will have had the hearing on the interpretation, and rendered a decision on it. But it's not going to happen before that because we don't even have an application yet from them, to calendar it. MS. MOORE: We appreciate you trying to move it along. But let's put a time frame on them. Because if they don't put it on, then they can ask for an interpretation until they are blue in the face,but we want to proceed under the BD's analysis. If you overturn the BD, that's, we'll deal with that later. CHAIRWOMAN: Bruno, I'd really appreciate it if you'd come down and get that application tomorrow. We go out for legal notices to the paper,Tuesday. We are going to do a resolution to adjourn this hearing until July 24th at 1pm. SEE MINUTES FOR RESOLUTION. ***** (Prepared by Jessica Boger from tape recordings) r 1 / l Q- 1' Page 135 of 1 h" • l OPFICE OF '/� 7r BOARD OF APR v. � Southold Town Hall 1100457/17)71- 7701K ?/1/ 53095 Main Road ��R� "''� Southold, NY 11971 ei---ALaii'vvt-e-ara-0_ /7 65-1809 tel. 765-9064 ZBA fax. *********.Tris******AAA A Ak*********irk***** ***AAAAAA****A***k*******kk***YMkntrkAA** ***********-** REPLY FORM Dated: ?-9-- TO: cCez,c4 F n/a Pay_t.e c C 11U-114, . V)--Your application is incomplete for the reasons noted below. ( ) It is requested that the following be forwarded as soon as possible(within about 7 days, if feasible). The advertising deadline is 22 days before the meeting date and the information is necessary for review and advertising purposes. You may forward the information by fax at 765- 9064, however, please send the original by mail. Thank you. (J) The appeal was not filed within 60 days of-the decision of the Building Inspector. p} Missing information-please see missing information checked below. Please submit all the documentation,together with information noted below. If you have any questions, please call us at 765-1809. Thank you. Information requested: i!/)- Notice of DisapprovalAssued by the Building Inspector after his/her review of this . particular project map. j.Q.LS ( / ax Q-ich2e/,44•5101) ( ) Check payable to the Town of Southold totaling $ ad` (Signature and notary public information are needed. bl'J o---rn-ctded e e-4 -farm, w- A P —6-4£ct.od,12A-+1 .11•-etA2ACt uw a�"Ltd a-.t Ps pI0 1 Or,tL,tcC( 7/013/53) ( ) An original and six prints of the map were not included. (Preparer's name and date of preparation to be shown.) 4 Setbacks must be shown for the subject building to all property lines,witli preparers name. .&-fie /1 a--L) a-71 , 00--Six(6) sets of a diagram showing the doors, number of stories, and average height (from natural grade). ,�' ckad j ( ) Ownership Search back to April 23, 1957 for the subject parcel and all adjoining parcels, certified by a title insurance company, and insuring the Town for$25,000. ( ) Copies of all current deeds and tax bills of the parcels back to (X)( Other: Six sets of photos, after staking corners of new constructioi areas . Thank you . ,a4-eyti tot-L 9k4,3 fruda_t_c_ 7 ,Q. °c:� / €3-ti . • . 1 . , or r 11111' SOUTHOLD TOWN BOARD OF APPEALS Phone:631-765-1809 Fax:631-765-1823(or alt.Fax 9064) INSTRUCTIONS FOR VARIANCE APPLICATIONS Please su it seven(7)colla ed sets of the following,by mail or hand delivery. iy. .#,-�1/ cti° of 7-013-23 v G..)NOTICE OF DISAPPROVAL'from the uilding Inspector dated within the ;y last 60 days,together with copies of permit application file. If your project is amended which changes the variance relief area,it will be necessary for you V' to obtain a new or amended disapproval based on the new or amended plan. (Building Department 765-1802). 2. JAPPLICATION typed or neatly written,signed by the property owner and �notarized,with information completed on the attached form w HIes ` re dltS o r tome a_r a. If applicant is not an owner,please furnish written consent for you a_yi)e,yt otad. to sign and submit this application. b. Please be prepared to address the standards of Town Law applicable to your type of application. (Attached are"area variance standards" or use variance standards for reference.) 3. If your project is other than a setback or lot line variance,please complete the attached short ENVIRONMENTAL ASSESSMENT FORM. 4. Z.B.A. QUESTIONNAIRE,to be completed and sinned. `' D�, / Sketch of BUILDING OR FLOOR PLAN with height of new structure;'-1—"*" i 1 location of entrance doors,etc. (new construction projects). 6. )Original SURVEY showing all setbacks of existing and proposed structures, v patios,driveways,wetland areas,square footage and dimensions of lot, dimensions of new construction,fences,tanks,overhangs,chimneys,etc. (If your project involves total lot coverage at more than 20% of the area of the lot,please provide lot size and size of all building areas.) 7. For NEW constructions,please FLAG outside corners for on-site inspections as early as possible. (*Photographs of flagged construction areas to be submitted for the hearing-or before if possible.) If wetlands are nearby, please give distance between new proposed construction and nearest wetland grass. 8. Filing fee CHECK(non-refundable)payable to"SOUTHOLD TOWN CLERK." (List of fees is enclosed. Requests for refunds may be made prior to the advertised date.) After the Board has reviewed the application and calendared your application for a public hearing, we will confirm the date,place and time of the hearing,and provide a letter for your use regarding notice steps to surrounding owners. Please note: Further changes,after submitting thetbove information,must be placed in writing to the Board of Appeals clarifying the changes. Changes may also require a new Notice of Disapproval to address the changes. If you are not sure,please contact'the Appeals Office staff at 765-1809,or please check directly with Building Department(765-1802). Thank you. ZBA ORIGINAL forms must be included with a cover letter indicating the name,telephone number, and address of the contact person for our department correspondence and follow- up): To Applicants: Service of a copy of this appeal application upon the Building Department is necessary under New York Town Law. Please include a statement with your cover letter indicating when a copy of the appeal application was mailed or delivered to the Building Department. Thank you. Effective: September 200i FORM NO. 3 df 1 JULZ TOWN OF SOUTHOLD 2003 0\1 txR BUILDING DEPARTMENT SOUTHOLD,N.Y. -•• 1"F NOTICE OF DISAPPROVAL DATE: August 16, 2002 AMENDED: December 6, 2002 AMENDED: February 26, 2003 AMENDED: April 22, 2003 AMENDED: April 28, 2003 AMENDED: June 19, 2003 AMENDED: July 23, 2003 TO Patricia Moore A/C Lisa Ciferelli 51020 Main Road Southold,NY 11971 Please take notice that your application dated July 23, 2003 JUL 2 4 2003 f- For permit to make additions and alterations at = --r Location of property: 11160 Main Road, Mattituck o��`_'�:_ �' -. F APP ,Ls County Tax Map No. 1000 - Section 122 Block 3 Lot 9 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations to a non-conforming building with a proposed conforming use fa business office) on a property measuring 10,890 square feet in the B District, is not permitted pursuant to Article XXIV, 100-242, A, which states, "Nothing in this Article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings." The existing building, on two road fronts,`has a front yard setbacks of 6.1 feet from the right of way, following the proposed additions and alterations, the building will maintain that 6.1 foot setback. Therefore, the proposed additions and alterations are not permitted pursuant to the bulk schedule, which requires front yard setbacks of 100 in the Business (B)Zone. Total lot coverage, following the proposed construction is eight(8)percent This Notice of Disapproval was amended on December 6,2002 and February 26, 2003, to reflect changes in the scope of work. 1 , This Notice of Disapproval was amended on April 22,2003 to correct an error. This Notice of Disapproval was amended on April 28, 2003, for clarifications. This Notice of Disapproval was amended on June 19, 2003, to reflect changes to the code that allow the proposed accessory apartment in this particular zoning district. This Notice of Disa s s royal was amended on Jul 23 2003 • ges m. le b the applicant. / I Au s orized igna e Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. Cc: ZBA, File , • 'Lev 7 l?'ff O 3 e l wry►) si''S,nfug,-A4 504t VFF04 - PLANNING BOARD MEMBERS ��,®�® ° ' BENNETT ORLOWSKI,JR. P.O.Box 1179 Chairman ® ; Town Hall, 53095 State Route 2' ti Z ; Southold, New York 11971-0959 RICHARD CAGGIANO l ;ut. rrt /, Telephone (631) 765-1938 WILLIAM J.CREMERS4.ie • ®��i�� Fax(631) 765-3136 _KENNETH L.EDWARDS MARTIN SIDOR ®'` it��0 �FiECEg� � #7 I MEMORANDUM PLANNING BOARD OFFICE JUN 1 9 2003 TOWN OF SOUTHOLD APPEALs Date: June 18, 2003 To: Mrs. Tortora, Chairwoman of Zoning Board of Appeals From: Bennett Orlowski, Jr. Chairman of Southold Town Planning Board -0 , ' Re: Appeal # 5211 for East Enders, Inc. 11160 Main Road Mattituck, N.Y. SCTM: 1000-122-3-9 In reference to the above, attached you will find comments to a new revised site plan submitted by Patricia Moore dated 6/4/03. The Planning Board (PB) held a work session on June 16, 2003 and would like add comments and concerns. 1. Please note that the applicant has not paid a fee—thus the PB does not have an application before it. 2. The use proposed as a "Restaurant" is permitted and more appropriate then a "retail store". We would like to respectfully withdraw the interpretation request for a "Deli" from our previous memo dated 4/22/03 at this time. 3. The access & egress to the parking is via the private right-of-way (ROW) on the east, which will affect the residential community that uses this access to SR 25. This is their sole access to SR 25. Use of this private ROW raises the question as to whether the Town would be setting a precedent by allowing commercial public access over private roads? 4. The parking as proposed will not meet the requirements of the Town code. Please keep us up to date on the project. Please note the PB is currently reviewing a preliminary site plan for this project. The PB will require additional information before proceeding with the application. Thanking you in advance. Cc: file, vI, vs, pb, ZBA, MV (BD), GY(Town Attorney) Enc.: copy of Pat Moore letter dated 6/4/03 = FORM NO. 3 R y , „#.11f tax �� TOWN OF SOUTHOLDr.. BUILDING DEPARTMENT • JUN i 9 2003 SOUTHOLD,N.Y. i 'gel,p NOTICE OF DISAPPROVAL DATE: August 16, 2002 AMENDED: December 6,2002 AMENDED: February 26, 2003 AMENDED: April 22,2003 i AMENDED: A.ril28 2003 • r DED: June 19, 2003 TO Patricia Moore A/C Lisa Ciferelli 51020 Main Road Southold,NY 11971 Please take notice that your application dated February 12, 2002 For permit to make additions and alterations at Location of property: 11160 Main Road, Mattituck County Tax Map No. 1000 - Section 122 Block 3 Lot 9 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations to a non-conforming building with proposed conforming uses (a deli-restaurant and accessory apartment) on a property measuring 10,890 square feet in the B District, is not permitted pursuant to Article XXIV, 100-242, A,which states, "Nothing in this Article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use,provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings." The existing building, on two road fronts, has front yard setbacks of+/- 5 feet and+/- 6 feet, following the proposed additions and alterations, the building will have setbacks of 4.4 feet and 1.02 feet respectively. Therefore, the proposed additions and alterations are not permitted pursuant to the bulk schedule., which requires front yard setbacks of 100 in the Business (B) Zone. • Total lot coverage, following the proposed construction is eight (8)percent. This Notice of Disapproval was amended on December 6, 2002 and February 26,2003, to reflect changes in the scope of work. , This Notice of Disapproval was amended on April 22, 2003 to correct an error. This Notice of Disapproval was amended on April 28, 2003, for clarifications. This Notice of Disapproval was amended on June 19, 2003, to reflect changes to the code that allow the proposed accessory apartment in this particular zoning district. Pie uthori•ed Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. Cc: ZBA,File 1r.-' `1 , ;/ iFORM NO. 3 h TOWN OF SOUTHOLD BUILDING DEPARTMENT k i-)1 SOUTHOLD,N.Y. ' Q.) ) NOTICE OF DISAPPROVAL � a/4 DATE: August 16, 2002 AMENDED: December 6, 2002 AMENDED: February 26, 2003 TO Patricia Moore A/C Lisa Ciferelli , 51020 Main Road Southold,NY 11971 Please take notice that your application dated February 12, 2002 For permit to make additions and alterations to a commercial building/single family dwelling at Location of property: 11160 Main Road,Mattituck County Tax Map No. 1000 - Section 122 Block 3 Lot 9 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations to a non-conforming building with a proposed conforming use and a proposed second non-conforming use on a property measuring 10,890 square feet in the B District, is not permitted pursuant to Article X, Section 100-101. Although the proposed deli is a permitted use, the second existing non-conforming use, a single-family dwelling, is not permitted in the B District. In addition,the proposed addition/alteration is not permitted pursuant to Article XXIV, 100-243.A., which states, "A non-conforming building with a non-conforming use shall not be enlarged, reconstructed or structurally altered or moved, except as set forth below,unless the use of such buildings is changed to a conforming use."And Article XXIV, 100-242, A, which states, "Nothing in this Article shall be deemed to prevent the remodeling,reconstruction or enlargement of a nonconforming building containing a conforming use,provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings." The existing building, on two road fronts,has front yard setbacks of 4.4 feet and 6 feet, following the proposed additions and alterations, the building will have setbacks of 4.4 feet and 1.02 feet respectively. i ,. _, _ , I i . / lir , Total lot coverage, following the proposed construction is eight (8) percent. This Notice of Disapproval was amended on December 6 002 ani ebruary 26, 2003, to reflect changes in the scope of work. thorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. Cc: ZBA, File 414 „ , i., v ioip � ,,,,,,,,,,, %R,D MEMBERS ,i� ' gUFFOlit OWSKI,JR. �•��,0 CD n ��,�`r Gy�; P.O.Box 1179 o Town Hall, 53095 State Route 25 �OGIANO y Southold, New York 11971-0959 .J.CREMERS �y',�t Telephone (631) 765-1938 ..6TH L.EDWARDS MARTIN H.SIDOR Fax (631) 765-3136 'tlp1 ��0,(o, r - PLANNING BOARD OFFICE RECEIVED MEMORANDUM TOWN OF SOUTHOLD APR 2 2 2003 ' Date: April 22, 2003 '''fr ZONING 90gR ------. QF�4_�:' ALS To: Mrs. Tortora, Chairwoman of Zoning Board of Appeals From: Bennett Orlowski, Jr. Chairman of Southold Town Planning Board Re: Appeal #5211 for East Enders, Inc. 11160 Main Road Mattituck, N.Y. SCTM: 1000-122-3-9 In reference to the above, attached you will find a reply to your memo, 27, 2003, requesting the Planning Board's (PB) comments. dated March The PB held a work session on April 9, 2003 with Pat Moore, Esq. representing the applicant. The PB discussed the project and has the following concerns and comments. Our review is based on a two page site plan prepared by Young & Young, dated 10/18/02, revised 12/9/02, and received by the Planning Board 3/31/03. Please note that the applicant has not paid a fee—thus the PB does not have an application before it. 1. There is some question as to what the site is zoned either"B” or "MI". All the following comments are based on the Building Department's disapproval, dated 8/16/02, amended 12/6/02 and last amended 2/26/03, which determined the zone as "B". If the property zone is determined to be "Ml", we will have additional concerns. 2. The Building Department has determined this proposed use to be retail food store. The PB considers the Deli use to be a Take-out restaurant, which requires a special exception from the ZBA. We request that the ZBA give an interpretation of the Deli use. 3. The proposed use will require Suffolk County Health Department approval for completion of the site plan process. The application was submitted to SCHD on 2/4/03 and assigned the reference number C10-03-0001. To date the application has not been reviewed. 4. Access & egress to the parking in the rear is proposed via a narrow driveway on the west and a private right-of-way (ROW) on the east. The applicant claims legal access over the R-O-W as per attached deed. The PB has not determined whether this is sufficient and will need to consult with the Town Attorney. We will forward this to the Town Attorney to determine the legal use of the private R-O-W. The legal use on the private R-O-W is an issue because the proposed parking layout will result in patrons, delivery trucks and sanitation trucks of the deli exiting onto a private R-O-W. The R-O-W will need to be improved to handle extra traffic 5. The R-O-W acts as the sole access for the seven (7) residential homes and four (4) vacant lots. 6. The proposed site plan shows access within +/- 34' feet of the private R-O-W, however the Town Code requires a minimum of 50' between access points. 7. The proposed nonconforming building front yard setbacks will preclude patrons from parking in front of the building and eliminate any use of patron parking on the property along the R-O-W. The private R-O-W must not be obstructed with patron vehicle parking. The R-O-W will need to accommodate two-way traffic for the residences. 8. The driveway and private R-O-W appear to have limited sight distance onto Route 25. The curb cut on Route 25 is proposed +/- 5' apart from the adjoining Hess Station property curb cut. The Hess Station is petitioning the Town Board for a zone change to permit an expansion of the gas station use to include a convenience store. The traffic on Route 25 is heavy at this time, and will be intensified with this proposed use (and possibly even more dangerous). 9. The site plan proposes parking for 8 spaces the Town Code requires a minimum of 8 spaces for shop or store and more spaces for a take-out restaurant. The site plan proposes aisle space of +/- 20'. The Town Code requires a 22' minimum aisle per 100-191 ( c ). The PB is not inclined to waive the aisle width. 10.The site plan proposes an entrance of+/- 13.10' in width. The Town Code requires a minimum of 15' per 100-191 (b). 11. Pedestrian access to the rear of the deli building is not clear from the proposed site plan and may present a safety issue. 12.The proposed deli and apartment represent an intensified use of the existing site. 13. Proposed site improvements are located within Trustee's and NYS DEC jurisdiction. No applications have been filed with these agencies at this time. 14.This proposed layout contains less the 4000 square feet of floor area thus is exempt from SEQRA. 15.The accessory apartment is proposed at 407 square feet and is less the required minimum 450 square feet. 16.The PB will require landscaping in the fronts of the building. Please keep us up to date on the project. Please note the PB is currently reviewing a preliminary site plan for this project. The PB will require additional information before proceeding with the application. Thanking you in advance. Cc: file, vI, vs, pb, ZBA, MV (BD), GY(Town Attorney) Enc.: copy of ZBA request for comments, copy of deed. 411. ;fff k • fi vg viev -,;•0x 1 MEMO TO: Planning Board FROM: Zoning Board of Appeals DATE: March 27, 2003 SUBJECT: Planning Board Application Review ZBA#5211 — East Enders, Inc. The Zoning Board of Appeals will be conducting a public hearing regarding above captioned application, which involves additions and alterations to this commercial building and single-family dwelling. Please furnish your comments at your earliest convenience. Thank you. -AEncs. CC: file #5211 Correspondence L. Tortora `'• ..• -to, 1v1YLLLitucx; rarcel ""r• • ""-s"'" '"'""` -�""" lents 1000-141-2-13. (cam, ver) - Mansion House nded 11:10 a.m.Nick Bruno#5309. Dri Wishers Island, Parcel 6- is a Based on the Building 5-1 / ender Department's November 19, 1:10 p m AT&T Wireless the #5311. This is a request fora ` it at See Legals next page/ Special Exception under . Section 100-162 fora public ' utility wireless telecommumca-! COUNTY OF SUFFOLK tion facility with antennas at the, STATE OF NEW YORK ss: site of Our Lady of Grace' Church, Oriental Avenue,. Lise Marinace, being duly sworn, says l Fishers Island;Parcel 1000-9-7-I that she is the Legal Advertising 1:25 p.m. VIHOLD CORP Coordinator, of the Traveler Watchman, and J & C Holdings, Contract, a public newspaper printed at Southold, Vendee #5313. Based on the Building Department's February in Suffolk County; and that the notice of 6, 2003 Notice of Disapproval, which the annexed is a printed copy, has applicants request a Variance been published in said Traveler under Section 100-239.4A.1 to construct a new dwelling at less . Watchman once each week than 100 feet from the-top of the for ./ week( successively, bank or bluff of the Long Island Sound, after removal of the. comme�I}..ng on the > day of existing dwelling. Location of, ,/li ., 2003. Property: 19625 Soundview; 4 Avenue, Southold; Parcel 1000-i de///e/(/ 51-1-22.2. l 4p 51-1-22.2. L. 1:40 p.m. George Giannaris,i John Giannaris, and. ' Others/Hellenic Cabins #5019.1' Based on the Building! Department's March 13, 2003 Swot' to before me this r day of amended Notice of Disapproval, r /�pd' applicants request Variances! V V la • 2003. under Section 100-244B to con-, ' struct hotel units in this Limited / Business (LB) Zone District, , after removal of the existing, _ cabin structures. The new hotel units are proposed to be located Notary Public at less than 20 feet on a single. side yard, less than 45 feet for, both side yards (total), and less Emily Hamill than 75 ft. rear yard, at 5145' NOTARY PUBLIC,State of New York Main Road,East Marion;Parcel No.01HA5059984 1000-35-2-14. Qualified in Suffolk County 2:00 p.m. Warren Melhado Commission expires May 06,2006 — 1 #5287. Based on the Building .,, , y Department's December 13, second use issprond.on a lint 2002 amended Notice of '-LegalsfrQm,precedingp age `con in`ing-les"s'than', ,000 sq: t >_,�. r.4 30 000Fs : ft`for each°use); Disapproval, applicant requests x'-:'nrr;;_�---„;,1 <a`" '`i"°�''`'0`'-' f3 ( qr a Variance under Section 100- 2002_rNotice=�f`Disapproval; af`1`l.l`60;IvlauiRoad,Ivlattitiick; to truaa liaMi re itestSya,Variance parce1;1000=122-3-9. an amateur urref 10radio)tower sin a uncle ltSection's-' 00 242 1;ar d :Ilie Board,Off `Appeals 1 will z front yard at a height exceeding X06.239:4$-to l,con§tr-uOlan heai'all:persons;*br,their11:9,01,_- the r pre= the code limitation of 18 feet as •! ttd?a` nt`-'lesst tlian-75:tfbet sentatives, desiring to be heard an accessory structure .00-th-tl e btt`lkh`atand less„t1�a`ti at'reach,hearing, and7or,desiring Location of Property: 165 Woodl 35 feet from the`:froiit and real to su-bmit written statements Southold; 1000-86-6-2.3. , p?'opei litle's;'at=1l'S'Suri Tine, before,_the conclusion Rof_each 2:Lane, p.m. East Enders/11160` SoiYthtild;;pafce1,=1000-76` , hearing:�;Each,ieanpg--will not' Main Road, Inc. (formerly ' '''' n. r d..TVIn_11Clatre,.i.'.L'. start ear1i`er ,tlian!:'designated Cifarelli) #5211. Based on the - Building Department's August 16,2002 Notice of Disapproval, amended February 26, 2003, applicants request Variances under Sections 100-101, 100- 242A,and 100-243A: (1)to add a second use on a nonconform- . ing lot, and (2) to construct additions and alterations to an ' existing building located in the B-General Business Zone District, at 4.4 feet to the front lot lines at its closest point. The • F ( MAY - 9 2003 ZONING ,BOARDA,��F,F LS TOWN Q . �_- � •: 1._W YORK ------ x In the Matter of the Application of East Enders AFFIDAVIT OF (Name of Applicants) MAILINGS CTM Parcel#1000- 122 - 3 - 9 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Melissa McGowan residing at 555 Marlene Lane, Mattituck , New York, being duly sworn, depose and say that: On the 3rd day of May , 200 2 I personally mailed at the United States Post Office in Southold , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (x) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of- way of record, surrounding the applicant's property. Zke., a 7 P ow tj (Signature) Melissa McGowan Sworn to before me this 5th day of May , 200 3 otary Public) MARGARET C. RUTKOWSId Notary Public,State of New York No. 4982528 Qualified in Suffolk County Commission Expires June 3, PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. t-' S ° t C � c Subject - 1000-122-3-9 1000-142-2-21 Mr. and Mrs . John V. Sawicki P.O. Box 602 Laurel, NY 11948 1000-142-2-20 Jack Savarese 23 Poppy Avenue Franklin Square, NY 11010 1000-122-3-25 . 2 Mr. and Mrs . Thomas Luniewski 19 Edwin Street Bay Shore, NY 11706 1000-122-3-10 Amerada Hess Corporation One Hess Plaza Woodbridge, NJ 07095 1000-122-3-15 . 1 PWK Enterprises Inc . c/o William H. Kope Jr. Inc . 3000 Marcus Avenue Lake Success, NY 11042 , . PATRICIA. C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Secretary May 2, 2003 BY CERTIFIED MAIL RETURN RECEIPT REQUESTED Neighbors Re : East Enders/11160 Main Road, Inc . (formerly Cifarelli) 11160 Main Road, Mattituck, NY SCTM# 1000-122-3-9 Dear Neighbor: I represent East Enders/11160 Main Road, Inc. (-formerly Cifarelli)with regard to the property located at 11160 Main Road, Mattituck, NY. They are seeking variances under Sections 100-101, 100-242A, and 100-243A. Enclosed is the Notice of Hearing and the applicable portion of the survey. The hearing on this matter has been scheduled for , Thursday, May 15, 2003 at 2 : 15 p.m. at Southold Town Hall . If you have any questions, or you wish to support this application, please do not hesitate to contact me . Very truly yours, Patricia C. Moore PCM/mm Enclosures CP-t/L7/LGCJJ 1.4:e4 6317659064 ZONINGAPPEALSBO_A_RD : PAGE 02 1 4 , NOTICE OF PUBLIC HEARING THURSDAY, MAY 15, 2003 SOUTHOLD TOWN BOARD OF APPEALS NOTICE is HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, May 15, 2003, at the time noted below (or as soon thereafter as possible): 2:15 p.m. East Enders/11160 Main Road, Inc. (formerly Cifarelli) #5211. Based on the Building Department's August 16,2002 Notice of Disapproval, amended February 28, 2003, applicants request Variances under Sections 100-101, 100-242A, and 100-243A: (1) to add a second use on a nonconforming lot, and (2) to construct additions and alterations to an existing building located In the B-General Business Zone District, at 4.4 feet to the front lot lines at its closest point. The second use is proposed on a lot containing less than 60,000 sq. ft. (30,000 sq. ft. for each use), at 11160 Main Road, Mattituck;Parcel 122-3-9. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to call (631) 765-1809. Dated: April 28, 2003. Lydia A. Tortora, Chairwoman Board of Appeals / /, 4�P SP�Sv / '. /./ / /• ` i ° / f / / �1 / / i,; /, i / i, 4'; cFi' ri /' / i/ E'/ / °I+ / / / // a' J ii /`; // / / //?� ." .A /iN/' .�/ / r� SFS /'' J / / °,(QP S'X /'.a / j' '. / °G,' i.i\r'l,z,\.„--„ - �eoa FFys-' /'' (�'J//; / / /Pye�' '/ � `J / / /;�,,Y{,e°GQ SP',c / 1\� ASPH(N1� / r '' jc,)(: 97 0 o�Pea / / /CCURB /� / \/ /� / / CSWK5' /' / / /// APRON / / ,\ \ ri/ // . Fj3• 222 Zy ,`\ 2 0* 42 7sr , V Z // \•. 13\0 a •�j 73 \ c //J e Q \ n1‹. o P NEW i BOLLARDS 8'1 . ` T ' ♦ n CHEM) \ I 4 0. ��\�� ticT. �t-I, \ F 9e- \ •, 1,\ 2 ` •I� \ LA. LP \ ,�V3 CS, �\ o.•o\ O o c n \ n O Ns N \\ "a • Mecc � ``\ CBCURB \ 5BP \ \ SBP `\ / ----• \ 10E ��`yr\ Z . f aC r;0\ O FEN5'CL X0, 0 fi o Con ''" C. \ -6 O 151ON % • • 4. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK -------------------------------------------------x In the Matter of the Application of AFFIDAVIT East Enders OF (Name of Applicants) MAILINGS ' CTM Parcel #1000- 122 - 3 - 9 . COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Melissa McGowan residing at 555 Marlene Lane, Mattituck , New York, being duly sworn, depose and say that: On the 5th day of May , 2003, I personally mailed at the United States Post Office in Southold , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current ' assessment roll verified from the official records on file with the (x) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of- way of record, surrounding the applicant's property. 7'/LL ‹ca. 721Atwa.A._- (Signature) Melissa McGowan Sworn to before me this 5th . day of May , 200 3 Y'eel ?)- (Zt -A -. (' otary Public) MARGARET C. RUTKOWSKI Notary Public,State of New York No. 4982528 Qualified in Suffolk County O 0 r7 I si n Expires June 3. PLEASE list, on the back of this Affidavit F°ow'a shee?of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. Flt dt r WED MAY ® 9 2003 Subject - 1000-122-3-9 1000-122-3-8 Luck Miller P.O. Box 593 Mattituck, NY 11952 1000-122-3-16 Maynard Palmer P.O. Box 651 Mattituck, NY 11952 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631) 765-4643 Margaret Rutkowski Secretary May 2 , 2003 BY CERTIFIED MAIL RETURN RECEIPT REQUESTED Neighbors Re : East Enders/11160 Main Road, Inc . (formerly Cifarelli) 11160 Main Road, Mattituck, NY SCTM# 1000-122-3-9 Dear Neighbor: I represent East Enders/11160 Main Road, Inc . (formerly Cifarelli) with regard to the property located at 11160 Main Road, Mattituck, NY. They are seeking variances under Sections 100-101, 100-242A, and 100-243A. Enclosed is the Notice of Hearing and the applicable portion of the survey. The hearing on this matter has been scheduled for Thursday, May 15, 2003 at 2 : 15 p.m. at Southold Town Hall . If you have any questions, or you wish to support this application, please do not hesitate to contact me . Very truly yours, Lv 7c�G Patricia C . Moore PCM/mm Enclosures aUNINGAPPEALSBOARD : PAGE 02 NOTICE OF PUBLIC HEARING THURSDAY, MAY 15, 2003 SOUTHOLD TOWN BOARD OF APPEALS NOTICE is HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, May 15, 2003, at the time noted below (or as soon thereafter as possible): 2:15 p.m. East Enders/11160 Main Road, Inc. (formerly Cifarelli) #5211. Based on the Building Department's August 16, 2002 Notice of Disapproval, amended February 26, 2003, applicants request Variances under Sections 100-101, 100-242A, and 100-243A: (1) to add a second use on a nonconforming lot, and (2) to construct additions and alterations to an existing building located in the B-General Business Zone District, at 4.4 feet to the front lot lines at its closest point. The second use is proposed on a lot containing less than 60,000 sq. ft. (30,000 sq. ft. for each use), at 11160 Main Road, Mattituck;Parcel 122-3-9. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate-to call (631) 765-1809. Dated: April 28, 2003. Lydia A. Tortora, Chairwoman Board of Appeals 4 o T S NOISI ` vQ ‘ 1. o c- ` \ 17.SN34 �DO Oca • , ) O \� �2 \'i\ 3T 1 J 2 Vb 3�NaAYN"woo..-- . t. �' \ d9S \ \ d9S \, t\ 921f1S97 \\ '00 % ,- \ Q A c � ,, 4 S O,-O \ ` CA 2 ,` '01 19 \ •11. \ n \ ink \ o aa4 o /4",e \ O`d314S L O �Z y SO?JH1109 y0 >� \ O 1 \:3N 0 7i0 j \ QG \. / ; \ r Z 20 l'c' d �o� „'/ OI \ •S-- \ ..,,, -. ,p. ,044 /"' .• hZ '' 222 O0C 4•/ '/; /. \ / NO?Jdd ♦• (yONO�r / \ / •• ti 9 � '\ ' �a °, / -��' (lN)NdSb \.....\1 ar •� / oo / /' / 7/ -' -�tiy, ,so� /'' ; /- ��oa •'' / ,, / `. "�s aaa� ' /'/ I, /' /' rcia /' / /' �� l /J }a ye' _'' / ��`' /�' 2,,ti ) 1 -// / -' / ..).X, \>: Li /' / / / I/ , /O\ �O0 /' 1 /! '/ ,/ �'Jo /' NN 1'f ` RECEIVED MAY - 9 2003 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK ZONING BOARD OF APPEALS x In the Matter of the Application of AFFIDAVIT East Enders OF SIGN (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- 122 - 3 - 9 COUNTY OF SUFFOLK) STATE OF NEW YORK) IPatricia C. Moore residing at 370 Terry Lane, Southold , New York, being duly sworn, depose and say that: On the Le- day of May , 200 3, I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10)feet or closer from the street or right-of-way (driveway entrance) -facing the street or facing each street or right-of-way entrance;*and that I hereby confirm that the Poster h remai -• i• 'lace for seven days prior to the date of the subject hearing ate, tLia;• date was shown to be May 15, 2003. (Sigqnature) Patricia�'C"Moore Sworn to before me this 7 day of May , 200'3. MELIS Natal-Palk,S4State of New York (Notary Public) No.4995913 Qualified in Suffolk County Commission Expires May 4,20.0 *near the entrance or driveway entrance of my property, as the area most visible to passersby. PATRICIA C. MOORE Attorney at Law 51020 Main Road ECFniFo Southold,New York 11971 Tel:(631)765-4330 MAX m 9 2003 Fax::(631)765-4643 ZONING BOARD OF APPEALS May 8 , 2003 Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 RE: East Enders/11160 Main Road, Inc . Premises : 11160 Main Road, Mattituck, NY SCTM: 1000-122 . 00-03 . 00-009 . 000 Dear Sir or Madam: Enclosed please find two (2) Affidavits of Mailing, seven (7) Certified Mail Receipts, the Affidavit of Posting and six (6) signed Return Receipt Cards for the above referenced matter. We will forward the balance of the signed Return Receipt Cards to you upon our receipt of same . Very truly yours, it-LC(48:0(2U Patricia C. Moore By: Melissa McGowan, Secretary /mm Enclosures APPEALS BOARD MEMBERS' ,io OSOFFOL,�c 0Gy• Southold Town Hall Lydia A. Tortora, Chairwoman , c < 53095 Main Road Gerard P. Goehringer P.O. Box 1179 George Horning O .F�� Southold,New York 11971-0959 Ruth D. Oliva =y110 a0��'� ZBA Fax(631)765-9064 Vincent Orlando 1 jig �;.''� Telephone(631)765-1809 "",,� http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD INTER-DEPARTMENTAL TOWN MEMO TO: Mr. Bennett Orlowski, Jr., Chairman, Planning Board FROM: Lydia A. Tortora, Chairwoman, Zoning Board of Appeals DATE: April 18, 2003 SUBJECT: Site Plan Requirements — Proposed Business Building for Deli & Apartment (122-3-9 at S.R. 25, Mattituck) The Board of Appeals has received an application (Appl. No. 5211), based on a Notice of Disapproval amended February 26, 2003 (copy enclosed). A December 9, 2002 site plan submitted to our Department on February 26, 2003, showing a proposal by the applicants to construct a two-story building with deli and apartment uses on a preexisting nonconforming business-zoned lot, with reduced front yard setbacks and for a second use on an undersized parcel. Would you please forward comments or suggestions on the building layout or site issues that may be of concern to the Planning Board under the site plan or subdivision jurisdiction reviews. By way of a copy of this letter, we are also asking the applicants to contact your Department regarding this coordinated review process. Thank you. cc: East Enders, Inc. do P. Moore, Esq. (by telephone and mail) ti • MEMO TO: Planning Board FROM: Zoning Board of Appeals DATE: March 27, 2003 SUBJECT: Planning Board Application Review ZBA#5211 — East Enders, Inc. The Zoning Board of Appeals will be conducting a public hearing regarding above captioned application, which involves additions and alterations to this commercial building and single-family dwelling. Please furnish your comments at your earliest convenience. Thank you. Encs. CC: file #5211 Correspondence L. Tortora FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: August 16, 2002 AMENDED: December 6, 2002 AMENDED: February 26, 2003 TO Patricia Moore A/C Lisa Ciferelli 51020 Main Road Southold, NY 11971 Please take notice that your application dated February 12, 2002 For permit to make additions and alterations to a commercial building/single family dwelling at Location of property: 11160 Main Road, Mattituck County Tax Map No. 1000 - Section 122 Block 3 Lot 9 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations to a non-conforming building with a proposed conforming use and a proposed second non-conforming use on a property measuring 10,890 square feet in the B District, is not permitted pursuant to Article X, Section 100-101. Although the proposed deli is a permitted use, the second existing non-conforming use, a single-family dwelling, is not permitted in the B District. In addition, the proposed addition/alteration is not permitted pursuant to Article XXIV, 100-243.A., which states, "A non-conforming building with a non-conforming use shall not be enlarged, reconstructed or structurally altered or moved, except as set forth below,unless the use of such buildings is changed to a conforming use."And Article XXIV, 100-242, A, which states, "Nothing in this Article shall be deemed to prevent the remodeling,reconstruction or enlargement of a nonconforming building containing a conforming use,provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings." The existing building, on two road fronts, has front yard setbacks of 4.4 feet and 6 feet, following the proposed additions and alterations, the building will have setbacks of 4.4 feet and 1.02 feet respectively. Total lot coverage, following the proposed construction is eight (8) percent. This Notice of Disapproval was amended on December 6 002 ani ebruary 26, 2003, to reflect changes in the scope of work. jthori ,�zed Signature r Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. Cc: ZBA, File • NOTICE OF PUBLIC HEARING THURSDAY, MAY 15, 2003 SOUTHOLD TOWN BOARD OF APPEALS NOTICE is HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, May 15, 2003, at the time noted below (or as soon thereafter as possible): 2:15 p.m. East Enders/11160 Main Road,, Inc. (formerly Cifarelli) #5211. Based on the Building Department's August 16, 2002 Notice of Disapproval, amended February 26, 2003, applicants request Variances under Sections 100-101, 100-242A, and 100-243A: (1) to add a second use on a nonconforming lot, and (2) to construct additions and alterations to an existing building located in the B-General Business Zone District, at 4.4 feet to the front lot lines at its closest point. The second use is proposed on a lot containing less than 60,000 sq. ft. (30,000 sq. ft. for each use), at 11160 Main 'Road, Mattituck;Parcel 122-3-9. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to call (631) 765-1809. Dated: April 28, 2003. Lydia A. Tortora, Chairwoman Board of Appeals OFFICE OF 411. ZONING BOARD OF APPEAL 53095 Main Road a., ' P.O. Box 1179 Southold, NY 11971-0959 Emails: Linda.Kowalski(afTown.Southold.nv.us or Paula.Quintieri(afTown.Southold.ny.us Jessica.BogeraTown.Southold.ny.us (631) 765-1809 fax (631) 765-9064 April 29, 2003 Re: Chapter 58 — Public Notice for Thursday, May 15, 2003 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Long Island Traveler-Watchman newspaper. 1) Before May 5th: Please send the enclosed Legal Notice, CERTIFIED MAIL, RETURN RECEIPT REQUESTED, with both a letter including your telephone number and contact person, and a copy of your map filed with this application which shows the new construction area, to all owners of land (vacant or improved) surrounding yours, including land across any street or right-of-way that borders your property. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. 2) Before May 7th: Please make arrangements to place the enclosed poster on a sign board such as plywood or similar material, posting it at your property for seven days; the sign should remain up until the day of the hearing. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. (If you border more than one street or roadway, an extra sign is available for the additional front yard.) If you need a replacement poster, please contact us. 3) Before May 7th, please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers noted for each, and return it with the white receipts postmarked by the Post Office. (Also, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing, if possible.) If any signature card is not returned, please advise the Board at the hearing and return it when available. These will be kept in the permanent record as proof of all Notices. 4) By May 14th, please file your Affidavit of Posting with our office to show proof that the sign has been posted for seven (7) days. If you do not meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Enclosures Zoning Appeals Board and Staff NOTICE OF HEARING A public hearing will be held by the Southold Town Appeals Board at Town Hall, 53095 Main Road, Southold, concerning this property APPLICANT: s et_ -r EJ1JpcaS TAX MAP #: 02 - 3 - 7 LoT REQUEST: VA)RIANcEs - NaN CoN ►=40Qn'1Wc /uNOiRsizFo . goo a " USE. a - PtooN ‘s p--r y. y ' to f--2oNT c.oT uA)cs TIME & DATE: -nz MAY IS, aoo3 a :15 oM If you are interested in this project, you may review the Town file(s) prior to the hearing during normal business days between the hours of 8am and 3pm. ZONING BOARD 'TOWN OF SOUTHOLD • 631 -765-1809' OFFICE OF 3: BOARD OF APPEALS \ U11'1\ Southold Town Hall 53095 Main Road Southold, NY 11971 765-1809 tel. 765-9064 ZBA fax. ******************************************** ** ******** *** *AAAA** nfrkir REPLY FORM Dated: 774/ 2 0_4724W/dad - Sa/d TO: f A ricera 74joo �� 64 Your application is incomplete for the reasons noted below. ( ) It is requested that the following be forwarded as soon as possible (within about 7 days, if feasible). The advertising deadline is 22 days before the meeting date and the information is necessary for review and advertising purposes. You may forward the information by fax at 765- 9064, however, please send the original by mail. Thank you. ( ) The appeal was not filed within 60 days of the decision of the Building Inspector. (S Missing information - please see missing information checked below. Please submit all the documentation, together with information noted below. If you have any questions, please call us at 765-1809. Thank you. Information requested: ( ) Notice of Disapproval issued by the Building Inspector after his/her review of this • particular project map. ( ) Check payable to the Town of Southold totaling $ ( ) Signature and notary public information are needed. i✓om OI e T1- {)4_An original and six/prints of the map were not included. (Preparer's name and date of preparation to be shown.) Fferi6us fewea6 CHs wi-I-/c:lcaz.). Q'/ err-el/rear ?or erfr-Aee//i' ,9ivO 41e n/or ,94-'- AvaaRELC. P/e743ce 511,614/1- L, G®rneLeT 2)&iaiaac 23Fm-1M�Ps, '(J)—Setbacks must be shown for the subject building to all property lines, with preparersname. � LAJes d -',ope- /tee ( ) Six (6) sets of a diagram showing the doors, number of stories, and average height (from natural grade). ( ) Ownership Search back to April 23, 1957 for the subject parcel and all adjoining parcels, certified by a title insurance company, and insuring the Town for$25,000. ( ) Copies of all current deeds and tax bills of the parcels back to ;Ie-, /%�� /e afe z� ( - Other: fi;47c v T /P�-u)// Fuad, P104 Sig/cl --761-2 i7 4 'fel,' //"W Ad /3LCSiness 4)IeaS — fro P&.sere aap ec,v • ANSMISSION VERIFICATION REPORT TIME : 08/26/2002 15: 39 DATE,TIME 08426 15:38 FAX NO./NAME 7654643 DURATION 00:00:41 PAGE CS} 01 RESULT OK MODE STANDARD ECM FOR OFFICIAL USE ONLY CHE KLIST FOR NEW PROJECTS LABEL APPL# • �.` ASSESSORS CARD (7 COPIES) NAME / w CTY. TAX MAP (7 COPIES + 1) CTM# oZR- -' INDEX CARD (ATTACH OLD) TOWN NJ LIST ALPHA BOOK ✓ RESEARCH ALPHA „l COPY PRIORS SIX COPIES INSPECTION PACKETS COMPLETE • REF: UPDATED NEW INFORMATION ., - Southold Town Board of Appeals -6- October- 28, - 1965 The Board finds that strict application of thqrdinance will prduae practical difficulties or unnecessar, hardship; the hardship created is unique and would not be : ed by all properties alike in the immediate vicinity of ris property and in the same use district; and the variance do s observe the spirit of •the Ordinance and will not cha •e '..he character of the distric On motion by Gillispie, seconde. by , . Hulse, it was - RESOLVEO that Velm r Homes, Inc., 615,6 Sunrise Highway, Bayport, New York, a'/fc'A tin H. Germ-ine,- Colonial 'and Ed 's ,- Road,, Southold, New York, given irrmisaion to construct a dwelling with insufficient setback„/as amended at.the hearing, on property located e stiside- Ed, Southold, New York, subject to the follow g/conditions: 1. The house shall be loc'=ted -t least sixteen feet-L,.(161) from the westerly property ' e. / - 2, The house shall b- located at east twenty-five feet .(253) from the easterlyproperty line. 3. The house s :1l be located at leash ten feet l09 from the southerly •roperty line. 4, The ho -e shall be located at least fif'-en feet (151) ' from the nort- erly property line. Vote/:f the Board:Ayes:Mx, Gillispie, Mr, Berge Mr. Hulse. ' P_UBLIC 'HEARING: Appeal No. 811 -- 8:20 P:M®',(EsD,S.-T.) , upon application of Katherine E. Nutley,, Main- Road, Mattituck, New York, for a variance in. accordance with the Zoning Ordinance,- Article III, Section 303, for permission to erect an addition to an existing building with insufficient side yard on a corner lot. . Location of property: south side Main Road, Mattituck, New York; bounded-north by Main Road, east by Right-'o-f--way,, south by John Klein,, west by Q.C, Hurdle. Fee paid' $5. 00 - = ,{ r l - - Southold Town Board of:Appe ,ls -7- October 284,- 1965 The-' Chairman opened the hearing by reading application for a variance{ legal notice of hearings affidavit attesting to -its publication in the official newspaper, and notice to the applicant. THE CHAIRMAN: Is there anyone present Who wishes to speak in favor of this application? MR. BERGEN: I was there to get the present-building dimensions which werengt on the application. THE"CHAIRMAN: The living 'room is 10?-by 12% The rest of the house is l8* by 22,1 1Mr. Terry; Building Inspect04s pointed outonthe sketch of the house the previous addition and the proposed addition.)" THE CHAIRMAN: As far as I can see, this addition to the house •will' not harm the district. MR. BERGEN: It-will improve the building. THE CHAIRMAN: By charging this building from an office to• a residence the area is being up-graded. The change will also• reduce the amount of traffic. Is there anyone present who wishes to speak in opposition to this applicatbn? - (There was no, response.) - After investigation and inspection the Board finds that the applicant request permission to erect an addition to an existing building with insufficient- sideyard"on a corner lot. The Board finds that the proposed addition will be five feet by twelve feet. ,The Board finds that visibility to the west from the private right-of-way of Boucher will not be reduce by this proposed addition. The Board points out that the -change in use of this building from an' office to• a residence will up- grade the area and further reduce any traffic hazard. In generals the Board agrees with the reasoning of the applicant as presented in the application to the Board of Appeals. - , - - Southold Town Board of- Appeals -8- october .28, 1965 The Board finds that -strict-application of the Ordinance will produce practical difficulties or unnecessary hardship; the- hardship created is unique and would not be, Bred by all properties alike in the immediate vicinity of this property and in the `same use district; and the variance does 'observe the spirit- of the Ordinance, and will not change the character of the district. On motion by Mr. Bergen, seconded by Mr. Hulse, :at was • RESOLVED that Katherine E. Nutley, Main Road, Mattituck, New Yorks- be granted permission to erect• an addition •to an existing building with insufficient side yard on a corner lot. Location of property: south, side Main Road, Mattituck, New York. .- Vote of the Board:Ayes:-Mr. Gillispie, Mr. 'Bergen, Mr. Hulse. * * • * - Mr. Jer Shulman appeared before the Board to reg1 -st permission to ; .d onto the A&P Potatoe House in Ma.ttitu, . The present-buil: 'ng is a non-conforming building whicr is over the property 'ne and partly in the highway,. Mr- - Shul- man request. this add ion in order to keep the tru,c under- cover so -they may work n the col [ weather. The B.-rd advised Mx. Shulman to fill out e necessary applicatia forms. On motion by Mr. Gillispie. seconded .y Mr. Bergen, it was RESOLVED that the' Southold To :•ard of-•Appeals set 7:60 ' ' P.M.j(E.Sa-iT.) s At the Town Offices, Ma: ' Road, Southold, , New York, on :Wg,dnejday,November- 10,, 19652 as ,the time and place of hearing upon••.application of George'Wetmo e, Gre-R�port,, New York, a/c -E. 1-Lionel Pavlo, 530 Fifth Ave e, New Yo l , New: Yorks for a variance in accordance with e Zoning Ordi ance,- Article III, - Section 303•, Article X,. Sec ion 1000 A, for- pe mission -to divide property. - Location of pr erty: west side Bay .ore,Road, lots No. 148, 149, 1502,, and Orth % of 151 in' Peconic ay Estates, Greenport, New- York. Vote of t7Bo rd:Ayes:-ice'. Gillispe,, Mr. Berge,n„ Mr. Hulse. r - Southold Town Board of-Appeals --9-- October 28, 1965 On motion by Mr. Bergen,, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 7:45 P.M. (E.S,-T.) 3 Wednesday, November 10t 1965, at the Town Office, Main Road, Southold, New York, as time and place of hearing upon application of Jerry Shulman and Wife, Belle Terre Road, Pert Jefferson, New York, for a variance in accordance with the Zoning Ordinances Article SV, Section 410 ,(g) ,- Article X, Section 1007 (e)3 for permission to erect an addition to an non-conforming building. Location of property: south side Sound•Avenue,, Mattitd , New York,, bounded north by, Sound Avenue, east-and south by-Long Island Railroad, west by Jefferson Stoval. Vote of the Board:Ayes:--Mr. Gillispie, Mr. Bergen, Mr.• Hulse. On motion by Mr. Hulse, seconded by Mr. Gillispie,,, it was RESOLVED that the minutes of the Southold Town Board of 'Appeals dated October 14, 1965, be approved as submitted-. Vote of the Board: Ayes:Mr.- Gillispie, Mr. Bergen, Mr. Hulse. The nextmeetingof the SoutholdTown Board of-Appeals will be held on Wednesday,, November l0, 1965, at-7:30 P.M. , at the Town' Office„ Main Road, Southold, New York. The meeting was adjourned at 9:15 P.M. Respectfully submitted, ; "Y'e'ti G i'�F/(./" "_{ e. \Au Barbara C, Dittmann,- Secretary A , Southold Town Board of Appeals lifftie 100„PrOolil,; - _ f 4-a3t "6f5� ' .Gn--- TOWN ,OF SOUTHOLD PROPERTY RECORD CARD `2 C /Gan — /2 - 3 - q OWNER STREET )/ / Le_?D VILLAGE DIST. SUB. LOT 1 7 1 A►rl -Q0a0, t C L. - `' '-. a 4 Avrt----- 7___ -L'l_ FORMER OWNER Mages? 4 OAP N E ACR. V‘r. .)fri J Dam ye-Wer V./it.a(A/v1, 4,d- Me 4 Lid ea.,1,-. , ,BSO 1 ' y �, : ,� S W,' TYPE OF BUILDING -7.----(4,,,••• 44%4.-__:.---..--'- �r-v�J-o�� 7�'G�� Ys f�)' • ,� 0-1-11.„,": RES,', SEAS. VL. FARM • `-COMM. JCB. MISC. Mkt. Value • ND IMP. TOTAL DATE t 5 REMARKS . j/t- e/T -#-- ,i'26 9 is / i x/03 d a® o /4; ee. 2-19 2-000 a--dqf , 1.- ) 13 a 4, . / 7 a G 1� ,-v ;,,V 2 2. 4//R6As Zi, ; 74 �x , 7 d -C 176' 0 Z. D--obil /,V.. (----7-r....- 4-4-4-2-4.--/ ) Pfrit"t9415-9-- ft 0:a0 2t-Vaa grVa6 It‹, 7 a ir, . „ � f ' Lme t- . 'd_a , 7,/ AGE BUILDING CONDITION ,.S3�5'. L9 a a - f< ' \i''' �OJc X NEW NORMAL BELOWABOVE _4/2 2./SS \ PP 1" K:; 5" ►A QaTczaks7 _i_LA a.)C; 1=C..Scc.30, -- FARM Acre Value Per Value - ' Acre 0 3 f cI f .1-1I %p13o-\)e+feK 40 Maser 4 ►o-(- 9 'Oozs Til 1 B),ofo1- L( RILpOC 5 -I tay's/I t vo.4 4o IIIb Maly) eced itk. Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER ., / 6 a U Brushland FRONTAGE ON ROAD p 0 r '-- House Plot - DEPTH /a a BULKHEAD Total, • • - „ • . • DOCK .., • .1 i. !- - ' ''. 1 . /•: S•-• : •••••••tzp.;•-lv'%.; 4..• ki,.4.4-.,--.., . ,, ,-:--, ,,,, \,,,: ,, : -:,- I . ' 7 _ i ? •-• •f,„;ti fi,;' ,1i1.'firAi - i - ,,,N .....7' 1• -- `-•%ice,•,,•••%40,-47-1-..:4i . , 1 -s:r • r.:±;:.M..)04 .ZV,.!,11,`Virivittn I , iintON:',4".WAYAP COLOR , --,-,--. , ,,,,,:;,;:. .i....,,,,..A.4,-4,;„31•.;:i,_ 4.7, --,,;:44,t, 4 •if,632;,„„e.,,,,,!t trYikviti 0 il pi 1 ,::: ' tl,sa, A.7 ... ,—----4.ja1P--, .,r's • 1-,N.di .4!-', 1.:;),,i,;--; '4,14.-:..,,••,---",41 I ;,,t. 'Izg4/.0 - z\ ."".," -'' ,,,1z,k•kla,07,,,, ,;:i,\I V,t II r..g,---tiN',t,-, • II 4T-Z4t.1%.Z41,a.-"-''-• :.1,47 ,-.'.`-;',..:,f,',-,-,:-.:'---',-' b 111)4"--— i km I Of/ f7,- / _ .--' ''`.-44V'°':-77--';-'----. 1 rol h 1 11 li 4•0, n;',:iit„,1 ,'.f',11.,kr i';.!:0,41.su ! VArt.tb- )," --"4- -. . 77---------___1_:± +fill ‘1..il, I,I;,1 i',M1,4 lilvdi ,•I'„`s,' P'",' •‘1,43rig 1.j 1/ ---- - - . • 10 i ' Lit k 1 ! IF-.11,y11 ; ..;- - - . .,, -1,7,,,;;;,4„. ;,;;-,:;,, ;:,. •.., ; ;;;:.._ ;-., 1; ;—; , ),....).- ....,. , ' • 4., 1 a , ,-4 ,-,,,,_.. f , -- _ -._,,:, „ , ."7"t-'''. .01.` .„. -..,:,.., ,-,;‘, . ...„.,.".. . *,,-.,„' „,'-,-,illi P,,..il: ..•.,: i . __.:. f:.r.7.4o- .. •.1.'r,;.W..„'.,,,,,/ .r,,,,,t','„.:`1%,,<",`Ay, ?..'V” '4"4-Z '''.. 4'.17'-'-''' ...',41.-i t 1 i to . .i , ,,,...; ,-..,. ....s _ - -,- ' .' -':"---'-`,,1,',`:',X8,, ' ) I.4 1 -. • 1 . ' M. Bldg. -----, /.2. x As-LI /el) Foundation /,5 Bath - Dinette Extension .... - / -.:':.--,,---y---.=_3 7 4/ Basement :0 oee iy ,---.. • Floorsr f /‘:.'.- K. Extension N /..._. IA --f--f, L) :: /Lo , Ext. Walls ,, ,Ati Interior Finish -A7'- A ' 1....- LR. _ . t Extensiont3 o 0 2....e.), 7 Fire Place Heat ( ) /1 u..) 4 i v DR. Type Roof pt,„„..,..tc. Rooms 1st Floor BR. • Porch Recreation Roon- Rooms 2nd Floor FIN. B. Porch Dormer Breezeway Driveway Garage Patio /r7 O. B. /I-e R._ - ,/ Total . . . „,..., . . .. .. , ... - .. ,- , - t . . ..*Ns Young tt- Young 400 Ostrander Avenue, Riverhead, New York 1 1901 G31-727-2303 Alden W. Young, P.E. $ L.S. (1 905-1 994) z.-'• ,., N Howard W. Young, Land Surveyor IMThomas C. Wolpert, Professional Engineer • Robert C. Tast, Architect . ., ----------1'7" ----------- i,%,!,r? 11‘11\411_ ---P WO*Wip . W ----j''. .- E . SITE DATA 60 i . 0 TOTAL AREA = 9,679 Sq. Ft. VIVO* e c'601111111411 400'4" s / W t'" . . -.0-- 7-3b1.111r. lik`i,*- 11111., le • ZONING USE DISTRICT = INDUSTRIAL'A' 111 ,a S 7 • VERTICAL DATUM = N.G.V. DATUM (M.S.L. 1929) _. w - ----"-- - E . - •,, I • EXISTING TRAILER TO BE REMOVED = 353 5.F. VIP V\--itA4 t-9 erinV71',0 osid OCU5 4100P I. 114111111 11) 1 S , . ,, „ ,- „ z„, /[0:to„/ z ,- -- - • TOTAL PROPOSED ADDITION PARKING: = 353 S.F. DELICATESSEN: I,093 S.F. @ I STALU200 S.F. OF GROSS FLOOR AREA= APARTMENT: 1 STALL/APARTMENT TOTAL = C STALLS REQUIRED = I STALL REQUIRED = 7 STALLS REQUIRED . 0 . t 41111 Illialliiiiii•AD :?, , .•' - -• , . / 8 STALLS PROVIDED , 011111111111110iii - ,, 6 pf° / / ‘‘‘,:° ,--- .. - wit / ,-• .,-' " GENERAL LEGEND ,, 4„ •.f'" 7 . 11111, sottoAc.s . =NEW ASPHALT PAVEMENT 111.111.1*#1"..iillMV1-...iii --. ,./ ... . — ..• / ASPH(T) ASPH(NY) =NEW TOWN SPECS. ASPHALT PAVEMENT =NEW NYDOT SPECS. ASPHALT PAVEMENT V 01° OW P 0 B° 1117 ,'Z X\ -/ .- .% ,.. .. / ASPH(SC) BE3CURB =NEW SCDPW SPECS. ASPHALT PAVEMENT =-NEW BELGIUM BLOCK CURB WWII 01 - JAMES CREEK, ‘/Z , .- / „ ' "Z B1TUM =NEW BITUMINOUS PAVEMENT , - / / DRI K =NEW BRICK PAVEMENT gdp, • , ..--"Z" ,,/ /,,, ' CBCURB =NEW CONCRETE BUMPER.CURS ,,-/ Zr CCURB =NEW CONCRETE CURB W4'; ,/ ." 094' ,/-• ' ' , CHEAD 1 =NEW CONCRETE HEADER \ 7 / / \•\--613' /* /. „/ . / q4 , ' ,- ., / .c•<" 4 CHLK =CHAIN LINK ; 6 ,.... , .. „AV^ ,, Q r .., „."' . , -' e'1,1t CONC(T) =NEW TOWN SPECS. CONCRETE PAVEMENT , / \ . / . / e- , -' o ' CONWAL =NEW CONCRETE WALL ' - i';fli-S . .,,, / / / C5WK4' =NEW CONCRETE SIDEWALK 4 WIDTH / .• ‘-' ./ ,, ' • ,./ , / FEN5'CTILK =NEW FENCE, HEIGHT 4 TYF'E 1•:-IF,'.+' .• ., . ,. , / .. . - . •-(0‘65 HANDI =NEW HANDICAP RAMP , LOCATION MAP ,- .,-- . ,./-.. ,-." ,7 \-, / HAND1-SIGN =NEW HANDICAP SIGN • / /• .--/ ..,' A** ,, SCALE I"=G00' ,-' 7- . y .. ..- P5510 =NEW PAINTED PARKING STALL$QUANTITY / ./ , ,' • •` N.It / RCA NEW RECYCLED CONCRETE AGGREGATE ' .fc ,- , . ... ./ .,,,, ss,Np / 5BP4" =NEW STONEBLEND PAVEMENT t DEPTH ' „e- • d CI\ 5E3L =SETBACK LINE , . • - / <.,(9t V. N•I'''' ../ . / . ,•'•- z• t,, , SIGN = NEW SIGN , ...) . ,,,,,- • , ' 7 • STNWAL = NEW STONE WALL , / .‘••• ., ,/ .. 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Ui \ / ," Z ../ . .e-• (2- -5" \ . ENGINEER'S CERTIFICATION Oi::.1 6'SOIL STABILIZED ,im / Gk.° ..-- ,- - (,04'. 1>•'°' \ .--, SUBBASE 1/4-IA, • • Zr tO . • '' 2'. STONE BLEND PAVEMENT 4_ ts ... / , 0 /' . . ., ',. / 4 .',-/,„-• k...) \ \ - 0 c... NTS c' 0 k..,A\ • ...-- ,,, . ,. v \ 3 \ - ..,..... -,- ,--- •,,, - --, . ,.- .- . , . ' , ..- . . . ‘ , , b(), ititdad r.... 1_0 .40 Q7,414,1 . . ,c45 o 1000000A CHEAD,,..,: . , ---1,----"•t'6,-,.,••,.. ..• .... e•c') , . , . . HOWARD W.YOUNG, N.Y.S. L.5. NO.45593n (..)• d'd \'1\''c-- %Ce..301. 2'0" . ' • . C. "ic..,:., as 1-3 \ THOMAS C. WOLPERT N.Y.S. P.E. NO. G1483 , .<N 61485 (<71 0 to..1._ . .• /'•' A, • X' \ 1 .• , -- ,.. i ..„ , . ••,. c, •i.,, ,:„.„ ,,,,,„, -.,011 ,. 0... 01 \ IIIVAIIIIIIIIIIPSIF dfri • .-- - • ,.. . .tt. ... rhr.Av Um_ 11111°P,,,r, \ ' A.- . '-',, ->,'4,i,r1, .. t."1 ....> 11‘ % 9 i." cu: 0` k 7,, SURVEYOR'S CERTIFICATION ==_I I 17-_-_--1 I IE-El I l'=-111==-111E1 I I -• ., -„ ,t.' : ' -'...2;:--I-1?- ,.: - . 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'Pe'' , „ „ DELICATESSEN $ APARTMENT i T.) 0.(56. , .;:, m\ s,/ , , ,, • Ln \ . 4" • 0 . ' ; '\ ` • • . . 4 At 6*RECYCLED CONCRETE BASE t.0..A FEN5CL • „ GAIL DESSIMOZ $ • <,• - 0....G . - 4 ' • _ -n 36 . 0 0 ‘\, -'4)-0. 0 M ICI-IAEL IACZ o - . -E-111—=111=-111=--:111=-111=111=-111 IQC••\ 111-1E-111-E-111=-T111=11 1=-11 1= = 6'STABILIZED SOIL BASE 0 ",‘ <A- --, , 1 <,,c0 * ' N „ At Mattituck, Town of Southold ., „. Suffolk County, New York CONCRETE CURB 4000 PSI EXPANSION :.- s\„ k..S\ (p JOINTS 20'O.C. (% --'% -N. S - „ \. County Tax Map District I 000 Section I 22 Block 03 Lot 9 V- cN ASPHALT PAVEMENT SECTION CONCRETE CURD \ NTS . N.T.S. , . ALIGNMENT PLAN DEC. 9. 2002 • NOV. 27, 2002 MAP PREPARED - OCT. 18, 2002 1 i SCALE I" = 20' JOB NO. 2002 0302 El -• MONUMENT SET II ... MONUMENT FOUND A .. STAKE SET A - STAKE FOUND \.... DWG. 2002_0k2_,3Iignment I • - -- ---- -------•-•-• -------