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HomeMy WebLinkAbout1000-122.-3-9 (2) WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Amended July 28, 2003 at 4:30 pm .SITE PLANS East Enders, Inc./Michael Serbes Office. 11160 Main Road Mattituck, NY SCTM# 1000-122.-3-9 Zoned B RE: 1) New submittal and request for a work session on 7/23/03, Change to an office use and will no longer seek a deli site plan approval. Warrex Terminals, Inc. 9945 Main Road Mattituck, NY SCTM# 1000-142.-1-27 Zoned B RE: 1) New site plan dated June 1, 2003 changix Silver Nail Vineyards, LLC. 46005 Main Road Southold, N.Y. SCTM: 1000-75-2-15.1 Representation: Ural Talgat Zone: AC RE: 1) Letter from NYS DOT dated July 17, comments or concerns? LOT LINE AI~ Petrolino & Graseck 435 North Bayville Road ext & 1580 Cedar D Southold, NY 11971 SCTM# 1000-78-8-16.2 & 17.2 Z6ne: RE: 1) New application for a lot line. /' g th~e~moved" one curb CUt. 1003. General, discussion on any issues LICXTION 'e .-40 Representative: Thomas McCarthy /' Mlscell~eous Oki-Do Representative = Pat MOore, PB discusse~l~tter from NPV dated July 28, 2003 for fee of $850.00, Ok to proceed and se~d letter to applicant q[ith copy of estimate. Mattituck Park District VS-Letter from concerned individuals. PB agreed BO would call applicant bs 7/29/03 REQUEST FOR INFORMATION OR ASSISTANCE Date: Name: Telephone: Mailing Address: SCTM# of site you are inquiring about: Query: (Please be specific about the information you need. Provide supporting documentation - surveys, maps, sketches - where possible.) JUL 2 g' 200S For Office Use Only: Routed to: FORM NO. 3 TOWN OF SOUTHOLD BU1LDING DEPARTMENT SOUTHOLD, N.Y. 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 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 a proposed conforming use (a 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. PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 MEMORANDUM PLANNING BOARD OFFICE TOWN OF SOUTHOLD Date: June 18, 2003 To: From: Re: Mrs. Tortora, Chairwoman of Zoning Board of Appeals Bennett Orlowski, Jr. Chairman of Southold Town Planning Board ~,~~ 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. 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. 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 youin advance. Cc: file, vi, vs, pb, ZBA, MV (BD), GY(Town Attorney) Enc.: copy of Pat Moore letter dated 6/4/03 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 Lydia Tortora, Chairwoman Southold Town Zoning Board of Appeals 53095 Main Road Southold, NY 11971 Bennett Orlowski, Jr., Chairman /' 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 JUN - 4 2003 S0uth01d 'f0wn Planninl 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. The following changes were made to the site plan: 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)) John's Road will be improved and widened to permit two way traffic 5 o We have proposed the traffic circulation into the property which prevents stacking up onto Main Road 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. ~ei~--'~-~y~ yours, ~ 9a'tricia C. Moore cc: East Enders !Restaurant & Apt. PEIX&MARCHETTI ARCHITECTS LL P Mattituck / ~o~v ~z& ~ ~ (SERVICE) SPACE NET AR~Y) LEXEL ~ SITE PLAN ~ SCALE: 1"=30'-0" Restaurant, drive-in, curb ser- vice take-out or formula food 5-16-1994 L.L. No. 9-1994] Restaurant, except drive-in Retail sale or rental of fishing, diving or bathing supplies or equipment; ship's loft or chandlery Retail shop or store, other than those listed herein 1 space per 2 seats or 1 space per 50 square feet of [Amended gross floor space, whichever is greater 1 space per 3 seats or :1 space per 100 square feet of floor space, whichever is greater If separate use, see "retail shop"; if accessory use, 1 space for each employee, plus 2 spaces in addition to primary use At least 1 per 200 square feet of gross floor area WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD June 16, 2003 at 4:30 pm .SITE PLANS Sea Tow 44075 Main Road Southold, N.Y. SCTM: 1000-63-2-30.1 Zone' LI Representation: Ms. Gail Wickham - ' RE: 1) Revised Site Plan and request for information from MISCELLANEOUS East Enders, Inc. ,fd~,~.~ ~: ZBA Reply - See proposed site pl~ ~d letter. (Withdraw applicat~ r~uesfto . ZBA for deli inte~retation.) Zupa Paradise Point Subdivision SCTM# 1000-81-1-16.7 Representation: Ms. Mary Zupa RE: Request from ZBA for information on parcel. MJ'ulf Station - : Sending a letter on curb issues and complaints. Inspection process and or heights. Ed' -~st Marion Fire District SCTM#1000-31-3-11.3 , RE: Letter to Agent on fee s? (see attached Town Board Resolution No. 322) MEMORANDUM Date: June 13, 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 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. 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 thelcommu, nity .,,-H~. ' 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 APPEALS BOARD MEMBERS Lydia A. Tortora, Chairwoman Gerard P. Goehringer George Horning Ruth D. Oliva Vincent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD INTER-DEPARTMENTAL TOWN MEMO Southold Town Hall 53095 Main Road EO. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net TO: FROM: DATE: SUBJECT: Mr. Bennett Orlowski, Jr., Chairman, Planning Board Lydia A. Tortora, Chairwoman, Zoning Board of Appeals June 13, 2003 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.r Thank you. PATRICIA C. MOORE A~torney at Law 51020 Main Road $outhold, New York 11971 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 Southold Town Planning Board 53095 Main Road Southold, NY 11971 2003 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. The following changes were made to the site plan: 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)) John's Road will be improved and widened to permit two way traffic We have proposed the traffic circulation into the property which prevents stacking up onto Main Road 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 Restaurant & Apt. PEIX&MARCHETTI ARCHITECTS LLP Mattituck ,, ,~ EST ,," ST ...o, .Y .~ ,oo,o 30 MAY 03 ~ ,~' ~ %~ RESTAU~NT, 1 SPACE PER 100 SQ. ~ ~o~v ~~ ~ ~ (SERVICE) SPACE SUPPLY STO~GH ~ TOTAL NET FLOOR AR~EVEE gS0 ~F SITE PLAN ~ SCALE: 1"=30'-0" Sender: Subject: Sttbmission Without a Cover Letter SCTM#: lO00- Date: ~_~/~ ~ Comments: a I like this parking solution best. It is the clearest. b Parking allows for landscaping between parking a_nd Hess & on island between property & Johns Road c Handicapped zone on One side of one space must be ok. d Parking safer since all the same. e This parking solution makes is more difficult to locate newly enclosed stair on the South. 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 Lydia Tortora, Chairwoman Southold Town Zoning Board of Appeals 53095 Main Road Southold, NY 11971 Bennett Orlowski, Jr., Chairman &,'/ 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. The following changes were made to the site plan: 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)) 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 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. cc: East Enders ver~ ~'~-~y~ yours, ( Patricia C. Moore Mattituck ,9 .~sT 2,.. sT N..o, ~ .~ ,oo,o 30 MAY 03 Suffolk County, NY / .~' ~ ~ RESTAU~T, 1 SPACE PER 100 SQ. / .~~' / ~.. ~. ., ~c~,w-,. ~o~o~ ~oo. ~ ~O~v ~~ ~ ~ (SERVICE) SPACE DEU - ~lN SPACE 680SF ' DELI BATHROOM 45 SF - ~us~o~ ~s~ ~ SCALE: 1 =30-0 FISH ENTR ES Peconic Bay scallops with Andouille Sausage Roasted Sea Scallops with Artichokes, Honey & Sherry Vinegar Salt & Pepper Shrimp with Lime Chili Dippin9 Sauce Roasted Lobster with Shell Fish Juice & Exotic Fruit Chutney Steamed Sea Bass with Apple Mango Chutney in Cardamon Sauce Striped Bass with Maple Sugar Sauce Mussels with Leeks, Fennel & Saffron in a Lobster Broth Salmon with a Blood Orange Glaze Scallops breaded in a Lemon Mustard Sauce Snapper Poached in an Asian Spiced Broth Seafood Paella MEAT ENTR ,ES Sugar Bar B Q Duck with Smoky Pantain Cream Herb Crusted Lamb with Spiced Local Cabernet Vinaigrette & Lamb Juice Braised Lamb Shanks Roasted Loin of Pork in Agresto Sauce (made {rom unripened grapes) Grilled Short Ribs with local Zin{andel Chili Sauce Veal Milanese {with Arugula, Tomato & Red Onion) Veal with Sage & Sweet & Sour Pead Onions Venison Loin braised with Cabba9e Duck Braised in Lon9 bland Merlot VEGETARIAN Artichoke Barigoule Curried Ginger Cauliflower APPETIZERS Steamed Long Island Clams in a Chorizo & Mint Broth Beef Roils with Parmesan, Pine Nuts Olives & Capers Peconic Bay Scallop Cerviche Parmesan Bread Custard with Balsamic & Prosciutto Salt Cod Fritters on local Arugula with Fiery Tomato Sauce Crab, Avocado, Grapefruit & Noodle Salad Shrimp Toasts Goat Cheese & Caramelized Onion Tart with Tapenade Croutons Wild Mushroom Tart with Gruyere, Spring Onions & Herb Salad Red & Yellow Pepper Terrine with Black Olive Vinaigret[e Wild Mushroom & Prosciutto Ragu on Creamy PoJenta Shrimp in a Ginger Bar-B-C2 Sauce Spicy Lamb & Rice Stuffed Apricots Local Long Island Duck with Confit of Onion Baked Blue Point Oysters in Moret Sauce Baked Oysters with Bacon with wilted Greens & Bread Crumbs SALADS Salad of Goat Cheese with Shallot Marmalade Crispy Smoked Salmon Skin Salad Crab Salad with Jicama, Mango in a Spicy Citrus Vinaigrette Thai Beef Salad PASTA Penne in a Tuscan Duck Sauce Penne Roasted with Local Tomatoe, Basil & Olive Oil Rigatoni in Pork Ragu Penne with Broccoli Rabe & Sweet Sausage Ravioli of Lobster in Lobster Broth Squash (or Pumpkin) Ravioli in Butter & Sage Sauce DUMPLI Shrimp DumPlirt~!~ Chicken Dum S SPRING Crab & Sweet Corn Moroccan Beef Spring Roll Tuna, Vegetables & Asian Summer Tuna Roils S APPETI Steamed Long Island Beef Rolls with Parmesan, PiRe Nuts C Peconic Bay Scallop Parmesan Bread Salt Cod Fritters on local Arug Crab, Avocado, Gra Shrimp Toasts Goat Cheese & Caramelized Onion Tar~ ~i~h Tapenade Croutons Wild Mushroom Tart with Gruyere, Spring Onions & Herb Salad Red & Yellow Pepper Terrine with Black Olive Vinaigrette Wild Mushroom & Prosciutto Ragu on Creamy Polenta Shrimp in a Ginger Bar-B-Q Sauce Spicy Lamb & Rice Stuffed Apricots Local Long slanc Duck with Con{it o{Onion Baked Blue Point Oysters in Morel Sauce Baked Oysters with Bacon, wilted Greens & Bread Crumbs PANINNI (Italian Style Sandwiches) Pancetta Bacon, Arugula & Tomato with Lemon Aioli on French Bag~Jette Smoked Salmon Croqu'e Monsieur Veal, Fontina Cheese & Asparaus with Marsala Sauce on Italian Bread Salami, Sopressata, Roasted Red Pepper & Balsamic Vinegar on Italian Ciabatta Bread Provencal Pan Bagnat- Tuna, Hard Cooked Eggs, Olives and Tomatoes on French Bread Brie Cheese, Pear & Watercress on Baguette Prociutto, Mozarella & Tomatoes with Arugula on Ciabatta Bread SOUPS Bouillabaisse Duck in Duck Broth with Asian Noodles Long Island Duck with Bok Cho¥ in Star Anise Broth Cream of Asparagus Pistou (Provencal Soup o{ Spring Vegetables) Scottish Lamb & Barley Soup Life a Picnic. A new style of food shop showcasing the fish, poultry, fruit and vegetables of the North Fork prepared so that their true flavors and quality come through. Designed to complement the North Fork wine explosion, East Enders will also creates picnic baskets and box lunches that are perfect for vineyard picnics, boating trips, or simply to take home and enjoy. delicate prob. fr. OIt '~elicatezza fr. dellcato delicate dainty tasty tr. L dellclae delight (fr. dellcere to allure + -osus -ose -- more at DELIOHT ] IL ~l .s affording great pleasure: D~LIOIST- ~l.at~ectte% ~thC~e~la.~tuer~s[lteheOf de~l!.r!um .(.~ muJte~ing4) aflell x.-\ n -s ID.del, fr. MD detle dllle gossip, frivolous zirL }~m fo?mwj/c~Veexrc)i e~n : t. endmg.~to !nduc~ ,dehrlum e,~p. in. the I 'del'laT~i'll"~ll ~ del~:krosk,n\ ad] ...... p D&C [AC- fle'_[~a.l.~L' X-ray\ n, vl flellrittrms \-mz\ also deltr.la :,academyofchaf)+E-anl la:of, relatlngto orresem. \ m~re[ , r. dehrare to be cra.zy, fr. de- 4- ?Ira furrow lrac? b ng ~he A¢cademm della Crusca or the llteraty style it b~u. tf~eSnzU~e~. associated with high r~ver toxemia or .... ado a-0ruscan V'\ n s ..... p D&C a member of the Ac- ret 1938 reticulate ent --M.J.t~e~omuis> 0 : abnorma~ retalmng In a I made in the l~akaie, or der acl~ment of (the habi~ q! chewing Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 162 WASHINGTON AVENUE, ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italica or underlining to indicate new matter. · tiSq~ Southold Town of .......................................................................................... Local'Law No ..................................... of the year l~-q.... Alocallaw In Relation to Formula Food Restaurants Town Board ]Be It enacted by the ......................................................................................... of the gRlt $outhold Town of .......................................................................................... as follows: INTENT. A formula food restaurant, by its nature, reflects a standardized format which is evident in its corporate appearance, food offerings, manner of presentation, and advertising, and which is at odds with the scenic rural nature of the Town of Southold. Formula food restaurants are intense land uses that typically are associated with suburban communities where they are located within strip commercial zones along major arterials. However, increasingly they are being located within, traditional business centers. This ordinance will limit such uses to the traditional business core of the Town. This ordinance is in keeping with the Goals and Objectives of the Town's Comprehensive Plan to encourage the economic vitality of the traditional hamlet centers while simultaneously protecting their unique local flavor and rural character. Accordingly, the special exception requirements are designed to ensure that the uniform, standardized, corporate format of formula food restaurants are modified to accord with the rural scenic character of the Town, including the development of the hamlet on a scale that is accessible for pedestrian access, and historiC:al architectural tradition. Section 100-13 (Definitions) of the Code of the Town of Southold is hereby amended as follows: 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.. (If additional space is needed, attac~h pages the sam,' size as this shect, and number each.) (~-,,. ?m) (I) RESTAURANT. FORMULA FOOD - A restaurant business required by contractual or other arrangements to offer standardized menus, ingredients, food preparation, decor. external facade or uniforms. R~k~l~aT.~ Eh~I-~E-~N- E)~ F~ST-F(N~)B- TAKE OUT - Any establishment other than a formula food restaurant, whose ~ ........ ti ...... -,, ,._J~. 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. 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 super.,~rket or a department store if the anchor tenant encompasses a minimum of 25.000 square feet of area. Section 100-91(A)(7) (Use Regulations) of the Code of the Town of Southold is hereby amended to read as follows: Restaurants, excluding formula food and take out restaurants. 1'y is hereby added to read as follows: (11) Take-out and formula food restaurants, subject to the following requirements: ao Adequate parking shall be provided in accordance with that required by the Parking and Loading Area Article of the Zoning Code. All parking spaces shall be located within reasonable walking distance of the site. or 300 feet whichever is less. The improvement or devel~)pment of municipal parking may be used to satisfy this requirement. The adequacy of municipal parking shall be determined by the Planning Board as part of its site plan review procedure by conducting a parking survey of the capacity of the existing municipal parking area to accommodate the projected increase in usage due to the introduction of the subject land use. An assessment of the potential traffic impacts of the proposed use must accompany the long environmental assessment form. The appropriate mitigation measures must be incorporated into the site plan. There shall be no counter serving outdoor traffic via a drive-in, drive-through, drive:up, drive-by or walk-up window or door. do Exterior signage shall conform in all respects to the Sign Article of the Zoning Code and. further, may not be lit from within. so Advertisements including trademark Iogos may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including waste disposal receptacles and flags. The physical design, including color and use of materials, of the establishment shall be compatible with and sensitive to the visual and physical characteristics of other buildings public spaces and uses in the particular location Section 100-101(B)(9) is hereby amended to read as follows: (9) Take out restaurants, provided that eating on the premises of the take out restaurant shall be permitted only inside the structure or in areas specifically designated and properly maintained outside of the structure and where minimum lot size for a freestanding structure is forty thousand (~,0.000) square feet. Section 100-101(B)(16) is hereby added to read as follows: (16) Formula food restaurants located within a shopping center in this zone, subject to the following requirements: ao There must be sufficient parking as provided for by the Parking and Loading area Article of the Zoning Code and such parking area shall be available within shopping center site to accommodate the use. The operation of the establishment shall not create traffic problems. There shall be no counter serving outdoor traffic via a drive-in, drive-threugh, drive-up, drive-by or walk-up window or door, Exterior signage shall conform in all respects to the Sign Article of the Zoning Code and. further, may not be lit from within. Advertisements including trademark Iogos may not be affixed, painted or glued onto the windows of the business or onto any exterior structure including waste disposal receptacles and flags, The signage must conform to the existing color . theme and signage style of the shoppin9 center. II. The existing exterior architectural style of the shopping center building may not be altered or modified in any way to accommodate the proposed use. ho The use must be located within the shopping center's main primary building complex, and may not be located within a single freestanding structure within the shopping center site. Section 100-191{A) (Off-street parking areas) is' hereby amended by changing the following to read as follows: TYPE OF USE REQUIRED NUMBER OF SPACES Restaurant. drive-in, curb service take out or formula food I space per 2 seats or I space per 50 square feet of gross floor space, whichever is greater This Local Law shall take effect upon its filing with the Secretary of State. (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, des~nated as local law No ............ .9. ...................... of 19--9-4- of the (O~6Yt~) .~)('rown)(~) of ::iouthold ' wa au .... ~' ' ................................................................. su ~y asseao tae Town Board Ma 16, 94 - · . .P. Y ................................................ on ...... Y. .......... 19 ....m accordance w~th the apphcable provts~ons of law. 2. (Passage by local legislative body with approval~ no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ...... of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the ............................................... on .................. 19 ---, and was (approved)(not approved)(repassed after (Name of Legi:lative aody) disapproval) by the .................................................. and was deemed duly adopted on .................. 19----, in accordance with the applicable provisions of law. 3. (Finai adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ...... of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the ................................................... on .................. 19-.--, and was (approved)(not approved)(repassed after disapproval) by the ................................................. on ................... 19 .....Such local law was submitted to the people by reasoti ora (mandatory)(permissive) referendum, and received the affirmative vote ora majority of the qualified electors voting thereon at the (general)(special)(annual) election held on .................. 19---- , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting ' referendum.) I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ...... of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the ................................................... on .................. 19.---, and was (approvcd)(not approved)(repassed after disapproval) by the .................................................. on .................. 19 .... Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of .................. 19---. , in accordance with the applicable provisions of law. Elective Chief Executive Officer means or inclt~des the chief executive officer of a county elected on a county. wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. (2) 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designatcd as local law No .................................... of 19 ...... of the City of ............................................. having bccn submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(gcncral) election held on ................... 19----, became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ...... of the County of .................................................... State of New York, having been submitted to the electors at the General Election of November ...................... 19----, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit- ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in- dicated in paragraph ........ 1_..., above. CI~ o'f lhe Coualv legislalive body, CitY, Tow~Village Clerk or officer designated by local legislative body Judith T. Terry, Town Clerk (Seal) Date: May 17, 1994 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK .COUNTY OF Suffolk I, the undersigned, hereby certify that the foregoing ~ocal law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed h~ ~ · I-aury L. Dowd, Town Attorney Title ~Y of Town Date: Southold May 17, 1994 (3) ' ' l hagt, P.O. BOX 1281 CUTCHO(]UE, ~,I£W YORK 11935~ (631) 734-5600 FAX (631) 73,~-5625 April 18~ 2003 PROPOSAL 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' Alternative Method: · Fine grade and compact to assure proper ~ainagc · Spread and compact 4' of RCA blend over entire surface · Cover with 2~ of Crushed Bluestone Approx. area: 210'x 15' $2,600.00 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 May 15, 2003 TO: Southold Town Zoning Board FROM: Patricia C. Moore Esq. Re: appeal 5211 for East Enders,Inc. 1000-122-3-9 Margaret Rutkowski MelLqsaMcGowan Secretaries In response to the Planning Board memorandum dated April 22,2003: Since 1985 and continuing to this date the Building Department has identified the zoning of this parcel as Business (B-i) 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 o 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".(Exhiblt B) A take out restaurant definition was legislated to address "Wendy's" or ~'McDonalds"; Formula Food is regulated in ~Shopping Centers" 3 o We are aware of the need for Health Dept. and an application is pending. 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 Lanewskio 5. Mr. Lanewki is one of the lot owners, has 9 o 10. 11. 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. 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). We do not intend to have customers park on Rt. 25, we can post appropriate signs along Rt 25 and John's Road. 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. 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. 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. 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. ZONINGAPPEALSB~RD.: PAGE 81 P.O. Box 1179 Town Hail, 63095 State Route 26 Southold, Now York 12971.0959 Tdephone (631) 765-1938 Fax (681) 765-3136 MEMORANDUM Date: To: From: Re: April 22, 2003 Mrs. Tortora, Chairwoman of Zoning Board of Appeals Bennett Orlowski, Jr. Chairman of Southold Town Planning Board(~ Appeal # 5211 for East Enders, Inc. 11160 Main Road Mattituck, N.Y. SCTM: 1000-122-3-9 PLANNING BOAI{D OFFICE TOWN OF SOUTHOLD in reference to the above, attached you wll~ 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 12J9/02, and received by the Planning Board 3/31/03. Please nOte that the applicant has not paid a before it. fee - thus the PB does not have an application 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.~2./6/02 and last amended 2/26/03, Which determined the Zone as . If the property zone is determined we will have additional COncerns. to be "MI", 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 3. interpretation of the Deli Use. The proposed use will require Suffolk County Health Depadment approval for COmpletion of the site plan process. The application was submitted to SCHD on 2/4/03 and aesigned the reference number C10-03-0001. To date the 4. application has not been reviewed. Access & egress to the parking in the rear is proposed via a narrow drivewa on the west and a private right-of-way (ROW) on the east. The applicant Y 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 wilt forward this to the Town Attorney to determine the legal 29/2003 10:i5 B3i7659064 ZONZNGAPPEALSBf : PAGE 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 bucks 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 ~,owever the Town Code requires a minimum of 50' between access points. 7. rune proposeo nonconforming budding front yard setbacks will preclude patrons from parldng 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 dnveway and private R-O-W appear to have hm~ted s~ght 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 a, nd will be intensified with this proposed use (and possibly even more dangerous). )4, 9. The s~te plan proposes parking for 8 spaces the Town Code requires a ~'~,~ min. lmum of 8 spaces for shop or store and more spaces for a take-out ' ~ res[aurant. T.he site plan proposes aisle space of +/- 20'_ The Town Code ! req. uires 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~1~eS~lS,1~(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 ap,,af{m~t~is proposed at 407 square feet and is less the "/~; _ required minimum 450 squ~are feet. 16. The PB will require-la~dsdaping in the fronts of the building. ~--¢~c/ /~,~/~:~ ~/~ 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. DELI - ~' SPACE ~ro~ 751.56 sq.ff. , of BUS.ESS RELATED AREA SIZE TOTAL AIEEA of BUILDING PROPOSED PLAN: MAIN LEVEl 1/8"=1'-0" 29 April 2003 MODIFIED TO ADDRESS SAFETY OF ENTRY 748 7074 T~ TOWN )F SO~J~HoI%D ~T~IO~' ~ O~ O~CUP~ 'NONCON~C IMIN~ TH~ ~ T0 ~RTI~Y ~ ~aud P~e C.O. ~-Z1341~ [ / ~Ulld~g(;) Da~-- Ma~ 7, 1985 -.In~a~tclent. [otai ~es,..N~n-c~n~Oemt~g, ,,.. , buminem~'. . On the b~sie it ~s bee~ detect.ed I~e(e) ext~ed on ~e:effeetire d~en ~e present ~utld~ ~e C~e of ~e To~ o~ So.old. ~ m~ be ~ontin~ and ~u~ect 'to pco~sions o~ uGid ~ode. ~ . ~!tunt~ ~ c~e.Maln .~; n e~m~ ~al~Lned h~aF. Frope~ zoned ~-1 The Ce~t~ieate ~ ~sued to ~LF~ED J. KflON &' MARIA KRON Suffolk County De~ent o~ He~ ~-pp~o~ N/A ~DE~ITE~S CERTIFICATE NO. ' '~/A tom to determine ~ ~e p~mlses corn ~ with al% applicable Codes and ord~- § 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 fuil 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 squase 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 l~-z~-~ § 100-191 SOUTHOLD CODE § 10~191 Type of Use Wholesale business, including lumber and other building prod- ucts Wholesale/retail beverage distri- bution Wholesale/retail nursery and/or sale of plants Required Number of Parking Spaces 1 per 1,000 square feet of gross floor area 1 space per 150 square feet of gross floor area 1 space for each 200 square feet of gross floor area for retail use or I space for each employee, plus 3 spaces for wholesale use, with minimum of 4 spaces Yacht club Same ss "marina" B. Areas computed ss 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 space should be not less than sixteen (16) feet wide. Entrance and exit lanes shall not be computed ss 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. Ne entrance ,r exit for any off-street parking area shall be located within fifty (50) feet of any street intersection nor exceed a gr'ade of six percent (6%) within twenty-five (25) t'eet 10110 2- zs- s~ Page 1 of 1 file://H:~d3mno S~Digital Photo'sb4-21-03~IMAGE009.jpg 4/21/03 Page 1 of 1 file://H:XBrunoS~Digital Photo's\4-21-03~[MAGE011 .jpg 4/21/03 Page l of 1 file://H:~BrunoS~Digital Photo's~4-21-03~vlAGE013.jpg 4/21/03 file://H:~runoS~Digital Photo's~4-21-03~MAGE007.jpg 4/21/03 Page 1 of 1 file://H:~BmnoS~Digital Photo'sX4-21-03~IMAGE005.jpg 4/21/03 Page 1 of 1 file://H 5BrunoS~Digital Photo's~4-21-03~IMAGE008.jpg 4/21/03 East Enders, Inc. 11160 Main Road Mattituck NY 1000-122-3-9 PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICIIARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN II. SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 MEMORANDUM Date: May 15, 2003 To: From: PLANNING BOARD OFFICE TOWN OF SOUTHOLD Zoning Board of Appeals Bruno Semon, Senior Site Plan Reviewer 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. ~ ~e- ,4 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 c .agyout for consumption off the premises. [Amended 5-16-1994 by L.L. No. 9-1994]" '~ce ~ t~ 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. ~e-,- ¢ ~' 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" 336 delayer · delivering 2: to stop detain, or hinder for a t~mc ~,vt: t~ I: PUT OFF,.P.OSTP. O~qE · tn aause delay de. lay.er n -- de.la.y.?g ~d! $.yll DELAY, RETARD, SLOW, SLACKEN'.~D?'Ay im~ es a holdifig back, usu. behind in movement or pro. g~-~ss w~ ~.,_, V~EX~RD aoplies chiefl to by nterference, from c. I~. , ~.o~n 'thout ac ual'stopp~ng;$ ,ow -~ bath imolv also a l'eductmn of speed, ,LO,W often sugg .~ in deliberatelntent?n'SL. AC.K.?r~a~f..~°';.~.,~r-d a reasonable or ap- pointed time. ST NATE LAD LOITER DAWDLE, DALLY mean-t°.~mtt°sVae syll DEL~AY,.PROCRA.o f~ll b~hin~i bELAY u~a. implies a pntnn~ Ottd[eai~. or act Slowly so as · . ' ........ inl,qies blameworthy uc · esp. throygh l.az~ness nr__a.P..a~t~,vT~[£'irn'ply delay while m progress, esp, in wal~ing, but . . ;t..^_~h ~,4flln~ or vacillation when · ' volvin matters F r ¢ ' (3~, In g sibl s eak to you alone --Daphn..Du ,Mau,n..er) ~ matter. Could I .ps Y P re skill, or tact k~ nanmmg (moments of ~ le?i,$) ~b: ma~keeddbbyy~Crae~; orec sion or sensitivity of a difficult sltuatmn? ~: mar~ , {~.~to.lv~a.4¥ :delicate n (15c): sometmng delicate, L de ciosus, fr, L deliciae I great pleasure: DE- senses esp. of taste or LIOHTFUI n ' ' smell ~ 1903) I an important'~'$<l De that has a crown of five .ro.u.n~.ed~.p,,:~... ;, r~ dellctum fault, fr. neut. o1 dehctus, pp. of dehn- rom mess is necessary. . · ~,-r ~in~ Df del~re] (1705): to roniinences at the · Id~P.fe \~g-(,)lE\ vt de.ledl de.le.lllg fL, lml~ ......... - °~le~}j}~l~}:\; t°z~,f~en~se 'a~g.aj~sth:~h~ ~ree 6f gratificatio.: JoY, hatc the owerofaffordngp are fr ~eectus ' (13c) I: ? [~ta}nto~)'~¢t: to give joyor n 2: highly pleased d~.li~6 DELIGHTFUL 4el.e.ga.ble \ del-l-ga-ba ~ a~,/~s ~tu~,~c~.{ 1 ~ a · the act 6[ delegating b del.e ga.cy ygo-seN ~, p~.-cl~a <~d" of delegates ' BOARD : ~ppo p -,- . -. ~atX n [ME de ega fr. ML delega .~ of delegate to delegate,?, ae-.T '~. a · ~ renresentative ia a con- (1~}: a persop acting ~r. ~n~}¢~tativ~ ~f ~rU.S. territory ~q tpe House of Re r~entauves ~ ~ a ~u%,r .":~ Iow legislatureof~aryland, .g -: ~., (.~ 30) : to entrust to zdd.e.gate k-,~t5 v9 :ga~e°i2~;~t~s~[~.~ep~esJntat!ve ~ ~' :. t~ e~ga.torX'del-i-,~t;ofX~ -~t~612~ 1' the act of empowedng to act del.e.ga.tion X,del-I- ga-snop~)~.o ~hoS~n to represent others. for another ~: a g~p~p ~*P<l~:~hanX . 0968): a decline in or lOSS de le.gitd.ma.tmn X a~-,a'dh'a' '"-' ..... of prestige or authqm~y .... · ~ r. dele us .n of delete tO wipe d~ lete Xdi-'letX vt ae.letea; ~e.,et.lns. t~ ~ ~'~ ~ more at LIME] (15C) to ehm nate~p. ~Y bJott?~k dg~t~rios fr d~teistha to hurt; del.9.te.r,.ous X[del-a-t,~e~n aaj ~re at CON%L~] (1643) : bagful often in a subt e or une3p~t~ ~ay x. ~s~i ~us.ness n PERNICIOUS dele&e ~. ~ .... dklet o dest?uction, fr. d~letusl de le tion %d -'le-sh~nX n L~ - ....... -. x the bsence of a sect on al (1590) I a: someth [ .... f2~ · the murat anal process that genetic,material .from a cn?m~s;}'~elAi;; result~ tn a deletion 2 tneact etherlands] (1723) 1: t n-glazed Dutch ~rth delft Xdelf~Delfi,~.~.h: .... ol~chrome decoration 2 . a ceramic delit.~areXdelf',twa~a/r' -,twexa/~x . · del del-~X n, pi del.is (1964) DELICAT~SEN · '.' ' . - rat vb -at,ed .at.lng vi (1~): to think about or ~de.l~.er.ate Xd~ l~b:a ~ X~ carefully ~ vt to think abou~ deliberately zde,lib.er.ate Xdi-'hb-(a-)r?tX ace t~ u_ ,.a~ sc~l~ found] (15c) 1 weigh in ~ind, .ponde~e:~;~rg~ ~r;}~i~and thC;ouCh : w unhurfi~, and steady as though quences (~ falsehood). ,3 ~ ~1~ '-d v dua action inwlved allowing time for aeoSton m~,e,lv adv ~ de.lib.er.ate.nes~ n Dace) syB see VOLUNTA~ ~ u~...o;~-~; [ ~ ' the act of deliberating .'- - n I-ees[14c) I oas a: the quality or state del,i.ea.ey Xde[ I ka sen , p ~<c~ * somethin~ p easing to eat that ofbeln$1uxurlous b:.tND~'~n;~;red caviar a ~) 3 a: the · bern da nty : FINENESS (lace of great ~) b qua ,ty or story ,yJ~.~ ~r subtle expressiveness of to~c~ (a~ · highly pleasing de.light.ful,l~, (1530) . .~ very pleasing DELIGHTFUL ;;~ the mistress and betrayer o Sam ~r. L de imitare, fr. de- + limitar~d~ tit -- more at LIMB] (1852): to fi~ 0 .de-\ n that marks de.lira.it.er \d~-'lim-at-or\ ~ a netic ta e) ' . · dofaunitc tasona~ g P ' ginning or e~ .. . +.aa..eat.in~ fL dehneatus, pp. of gs~ernment>~ _~ '. F ' ti'5~O) I · the act of delineati j . -kw~n-s~,-~in'X n,p -cies (1636) I a: de,lin-quen c~ Xd t~.~.."~t is out of accord with accept.e~ beh~vl~ 'de'lin'quentX;~Tnt} ~J2~o~i- delmauens, prp. of delm~u[re t~ ~d~linquent aaj t~. ue""~3~Sve ~ore at LOAN] (1603) I: violation of duty or of law 2 being overdue lng by neglec[o[ .... ntx 3: of, relating to, or ch~racted~l m?t <a T c~[~ei~nquencv ~ dedin.q~?t;l~.aav d ':S .cho O[ quOe to be fluid-- more. O~ dissolve or melt away: a 1.}o c~E~ with a"e used of plan~ll mushrooms) ue l )~[es (as · -'kwes *ntX adi [L deliquescent-, ~eh~ . t}~1 branches ( ~ of delirium 2: affected with or maraca y adv de.lir.i.ous.n~s n ' ized by confusion, d~sord?red ~p ~: raom in a ~ of joy ~l excitement (he would str~de avout ms .~ ~11 Wolfe) , - , .... ~nzx n [NL, lit., trem,~l dehnum ire.mens.X; tre?~P.~2~t"~ tremors that is mduc~/ -' v 1933): o remove r ' ' RESTAURANT -- Any premises other than take-out or formula food restaurants where food is commercially sold for on-premises consumption to patrons seated at tables or counters. [Amended 5-16-1994 by L.L. No. 9-1994] RESTAURANT, FORMULA FOOD -- A restaurant business required by contractual or other arrangements to offer standardized menus, ingredients, food preparation, decor, external facade or uniforms. [Added 5-16-1994 by L.L. No. 9-1994] R.F,,$.T,&I,,IIt,,&~To~4~i~OI, IT -- Any establishment other than a ~t~, ~~ tho ~o~ ,,c e,,,~d_.~_ 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 promises or for can'yout for consumption offthe 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, drags, food and beverages, finuishings, apparel and similar products. Minor repair services within the establishment may be tmdertaken as part of product sales. 5-16-1994 L.L. No. 9-].994] Restaurant, except drive-in Retail sale or rental of fishing, diving or bathing supplies or equipment; ship's loft or chandlery i space per 2 seats or 1 space per 50 square feet of fAmended gross floor space, whichever is greater I space per 3 seats or 1 space per 100 square feet of floor space, whichever is greater If separate use, see "retail shop"; if accessory use, 1 space for each employee, plus 2 spaces in addition to primary use PI~ANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 MEMORANDUM PLANNING BOARD OFFICE TOWN OF SOUTHOLD Date: April 22, 2003 To~ From: Re: Mrs. Tortora, Chairwoman of Zoning Board of Appeals Bennett Orlowski, Jr. Chairman of Southold Town Planning 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 "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 "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 youin advance. Cc: file, vi, vs, pb, ZBA, MV (BD), GY(Town Attorney) Enc.: copy of ZBA request for comments, copy of deed. MEMO TO: FROM: DATE: SUBJECT: Planning Board Zoning Board of Appeals March 27, 2003 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 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 Southold, NY 11971 Re: East Enders, Inc. Site Plan Dear Chairman and Board: Enclosed please find a report which states that together with a right-of-way. copy of my client's title the property is conveyed 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. CC: ~y~_.g)rul y yours, ~--~-~Patricia c. Moore Zoning Board of Appeals w/encl. ~ 5~ ,~? 2002:~2::20 FR CH~ ~AGO T~'TLE ?0?4 P.08/~ CHICAGO TR'LE INSURANCE COMPANY SCHEDULE Title No.: 3802-00683 '~te pol|~/will not ineufe ugh]nd to~ Of damage (and the Company will cot p~y ~oste, ~tomeys'feee or exp~nse~) which raise by mason of the following ~pt;on8 un~u me¥ me disposed of to our A T~Xee, t~x lien% tax selas, waler mt~s, sewer and ~esessment~ eet for~ in ~¢hedule heroin. NOTE: If th~ subled b'~eL~on I~ one invoMng. ~e eubJ~ m ~e mo~e(~) ~e~m~ In ~le ex~p~, end sln~ m~ ~em ~ h~ ~e ~e In.mere, ~m ~ ~e debt ~1 ~me due ~d pa~bl~ M ~e o~on of ~e mo~age~ ~on ~ny U~de~ ~ ~. ~ I~ ~m~nded ~ ~e appl~t ~1~ me mongage Uo~ment{~) ~ ~ ~ ~ ~te(e) ~d bond~) ~d ~y ag~ement m~ng ~ld mo~e~) or m~a Inqu~ of ~ modgagee of ~e ~u~ant ~ ~f su~ h~u~nt(~) ~ ~p~ to a~le~on ~ ~e ~ da~ In ~ ~ a amc. U~n mquem~ we wgl o~ln ~d.[u~leh = mW af ~e ~e~rded mo~aga(;) for ~. C Any stMe of ~¢te whlah an ;',~sJ rg. to smvey might ehow. 8urvay exoep~o~s ~t fc~'th he~Wn. D Rlght~ of ten.nfs ar pe~of~s in MOI1T~AG~(E) (NOX~) i~ A~SIGNM~NT(S) TI~I~OF A~ DESCRIBED IN TI~ SUa~DULE ANNFJf~D. SF2~RCHES, INCLUDING BANKRUPTCY, HAVE BE~N RUN AGAINST THE NAME 11160 MAIN ROAD, INC. ~ P.~u-u~NS, IF ANY, APPEAR H~REIN. NOTHING FOUND (BANKRUPTCY H~REIN) IN ADVANCE OF SC]~DULING 'l'~ CLOSING, THE COMPANY MUST BE ADVISED AS TO THE IDENTITY OF THE PROPOSF~D INSURED AND O'x'k~R INTERIM GRANTP.]~(S), IF ANY, AND ADDITIONAL EXCEPTIONS MAY TH~N BE ADDED, PROOF OF PAYMENT OF FRANCHISE TAX ON 11160 MAIN ROAD, INC. FROM INCORPORATION TO DATE OF CLOSING IS REQUIRED. R~PORT I%EQU~STED FROM STATE TAX COMMISSION. RIGHT OF WILY IN LIBER 2528 CP 285 ~%ND Li~ER 4943 C~ 90. (SEE COPY) NOT~: A PEAL ESTATE TRANSF'~ TAX (~AST ~ND TP~%NSr~ TAX) AFFEOTING CONVEYANCES OF REAL PROPERTY I/~ THE TOWN OF SOUTHOLD BECAME EFFECTIVE ON MARCH 1, 1999, ~ GOES INTO EFFECT IN '£~u~ TOWNS OF EAST HAMPTON, SOLTTHAMFI~N, RIV~P/LEAD AND SHEL%~ ISLAND ON APRIL 1, 1999. THE PECONIC BAY COMMUNITY PRESERVATION FUND FORM MUST BE COMPLETED AND TH~ TAX, IF A]?PLICA~LE, MUST BE PAID AT THE CLOSING OF TITLE. SUR~;EY MADE BY STANLEY J. ISAKSEN, JR. DATED 7/9/01 REDATED 8/9/01 SHOWS A 1 STORY BUILDING WITH AN ATTACE~D MOEILE HOME AND WOOD PLATFORMi FENCE LIES 1.1 FE~T WEST OF ~ART OF WE.~'£PwLY ~C0~D LINE. VARIATIONS BETWeeN FENCES AND THE LINES OF RECOED TITL~. POLICY WIL~ EXCEPT ANY CHANGES SINC~ TH~ DAT~ OF ABOVE SURVEY. FOR INFORMATION ONLY: ALL REQUBSTED MUNICIPAL SF~:H~S ~REIN, DISHONORED CHECKS - FOR INFORMATION O~Ly: BECAUSE OF PROBLEMS W~ ~L~VE ~ WI~ DIS~0~O~ ~C~, NO ~RTIFI~ ~C~ ~R $1,000,00 0R MO~ WILL BE ACCEPTED ~SS ~PRO~ BY ~AGER, ~SZST~ ~A~R OR CO,EEL. ~R NO CIR~ST~S WILL THI~ P~ OR SELL~ ~C~ BE ACCEP~ ~ ~ ~0~ AT Febrt~ry, ,~,'i~zetee~ H~zpdred a~d County, New York, with r~h~ of su~vorehip, ~oth ree$~ln~ ~t ~tt~tuok~ ~foroseid, ~ / i par~ te8 o[ ttw ~eco~ par~, ~ht ~ ~cd-.-~ ................................... (/GO0,O0 ) ~u~u~ money vi t2e 5'~it~d Stat~s, . . . . ' pard by ~t~e partieo vf tl~ seco~d pa~t, ~oes ~erzoF grant a~ rel~ee unto the partte s o~ ~he eeco~? part,, the IF a~ asai~n~ ~OrL~, ali the~ t~sot o~ ~rcel of situate at Eatt~tuo~, ~ the To~ of Scuttle, CoUuty of Su~o~k ~n~ ~tate of t;ew York, hau~de~ on the I~or~h by tho ~.M~n H~hw~y feet~ ~ the E~t bi other land 'of the party of the first p~rt 200 foet~ on the ~ut~ ~y other land~cf ta~ part~ of ~ho first part ~eet en~ on ~e l~'est by ~ei~ 200 fee~. · ~ w~th the uuo of a strip of lan~ to the ~ast of ~E~ ~ ~D~D TO'~E a portion of the ~909 conveyed by · ~gE W~ wOOeR B~U~R ~o th~ party of the first p~t, deed dato~ tb~ 2lot d~y of ~o, 1941 ~d recorded in the Off~c~ of the Suffolk County In ~lbor ~519 of Deedo~ ~age 82 2002 12:21FR CHA ~GO TITLE ~ · · \ 15.1 51G ?4G ?0?4 / _ / 25.2 / 1,8A(C) so \ 12128952900 RD. mo'> P. I 1/52 16.0A: 34.1 PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 MEMORANDUM Date: April 22, 2003 To: From: Re: PLANNING BOARD OFFICE TOWN OF SOUTHOLD Greg Yakaboski, Town Attorney Bennett Orlowski, Jr. Chairman of Southold Town Planning Board 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 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 report which states that the property together with a right-of-way. client's title is conveyed 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. CC: Zoning Board of Appeals w/encl. ~~ ~ i~ ]AGO TITLE 51G 74G 7074{ 12120952S00 CHICAGO TITLE INSURANCE COMPANY SCHEDULE B-1 Title No.: 380,2-00683 The policy will not lneum against Io~, of damage (and ~e C~npany wlU not pm/costs, attorneys' fooe or expenses) which arlee by reason el the fallowing m~ep~on$ unles~ they are disposed of ~o our sa~t~oflon: A Taxee, tax 118n% tax ~al~, water mtee, sewm' and ae~essment~ eet follh In .~hedule heroin, NO1F_: I~ Ifle subje~l ttarmm~lon I~ one ievoMng a ~e eubJ~ ~ ~e mo~e~) ~ In ~1~ exmp~, ~d ~n~ m~ ~ete ~ h~ ~e ~e In~me~, ~ta ~ ~e debt ~ ~ d~ ~ pa~bl~ ~ ~e o~on el ~e m~ u~ any ~r ~ ~.. ~ Is ~ded ~ ~e appl~ ~ ~e mon~ge do~ment(~) ~ ag~eemem ~n9 ~ld mo~e~) or m~ Inq~ of ~ modg~ee of ~e ~ent ~ ~p~ ~ s~le~on ~ ~e m~ da~ In ~ ~ a s~e, U~n mquem~ we will o~ln ~d ~u~l~ C ~'~y state of facts which an aocufe, te suwey might ahow. Survey a~pttons ~ fo~lh herel~. D Nght~ ~f tenant~ or per~ofls In posse,~io~. P. 0B/32 ANNEXED. SEARC~EB, [NCLUD][~G BANKRUPTCY, ~A~E BEEN RUN AC4%INST T~ NAME Zl160 MAI}; ROAD, INC. AND P~-i'u~NS, IF ANY, APPEAR H~P~IN. NOTHI}~H FouND (BANKRUPTCY H~REIN) IN ;%DVANCE OF SCHEDULING 'l'~u~ CLOSINH, 1'~w. COMPANY MUST BE ADVISED AS TO THE IDENTITY OF THE PROPOSED INSURED AND OT~ER I~T~RIM GRANTES(S), IF ANY, AND ADDITIONAL EXCEPTIONS MAY T~ BE ADDED. PROOF OF pAYMENT OF FRANCHISE TAX ON 11160 MAIN ROAD, I_NC. FROM INCORPORATION TO DATE OF CLOSING IS REQUIRED. I~PORT REQUESTED FROM STATE TAX COF~4ISSION. RI(IHT OF WAY IN LIBER 2528 CP ,285 ~ LIBER 4943 CP 90. (SEE COPY} NOT~ A P~AL ESTATE TIU~NSFSR TAX (EAST END TRANSF~ TAX) ~G CO~S OF ~ PROPER~ ~ 1~ TO~ OF SO~O~ BE~ EFFECTI~ ON ~ 1, 1999, s~ IS~ ON ~RIL 1, 1999. ~ P~CO~C ~Y ~ ~S~VATION ~ FO~ ~ST BE COMPLET~ ~ ~ T~, IF ~PLI~, ~ST BE 9~ AT ~E OF TITLe. SURV~ MADE BY BT~-LE~ J. ISAKS~, JR. DATED 9/9/01 ~T~ 8/9/01 ~OWS A 1 ~ORY BUI~ZN~ WI~ ~ A~Ac~ MOBILE ~O~ ~ W~D P~TFO~: ~ LIE~ 1.1 ~ ~ST OF P~T OF ~S~Y ~CO~ L~. V~TIONS ~ ~CES ~ ~ L~S OF ~ TITLE. POLICY WILL EXCEPT ~ CHA/~GES SINCE TH~ DATS OF A~OVE SURVEY. FOR INFOPd~ATION ONLYI ALL REQUNSTED MUNICIPAL SHAR(:-K8 HEREIN, DISHONORED C/']ECKS - FOR INFORMATION O~L¥= BECAUSE OF PROBI~F~ W~ ~ ~ WI~ DIS~0NO~ ~C~, NO ~RTIFI~ ~C~ ~R $1,000.00 0R MO~ WILL BE ACCEP~ ~S~ ~O~ BY ~AG~, ~Z~T~ ~AG~R OR CO~S~. ~R NO . CIR~ST~ WiLL THI~ 9~ OR Sg~ ~ BE AC~Pr~ ~ ~ ~ AT BPX01~ *** BUILDING ~RMIT APPLICATION *** 4/15/03 13:57:44 TAXID: 473889 122.-3-9 PERMIT#:~ APPLY#: 1939 OWNER: THEODORE & GLORIA ADDR: 610 THE ~TRAN~ EAST MARION NY 11919 APPLY DATE: 0/00/00 VERIFIED BY: USE CODE: 484 USE: SUBDIVISION RO#: ZONING DISTRICT: YARDS SETBACK FRONT: PERMIT OWNER/AGENT: ADDRESS: CITY: DESCRIPTION: MAGEN LOC: HAMLET MATTITUCK PERMIT DATE: 0/00/00 VERIFY DATE: 0/00/00 i OCCUPANT SM STRUCTURE MAX HGT: PLOT SIZE: SIDES: m MAP: LOT: 11160 MAIN RD THEODORE & GLORIA 610 THE STRAND EAST MARION DENY DATE: 0/00/00 EXPIRATION: 0/00/00 BUILDING#: Q OF: AREA: REAR: STATE: NY ZIP: 11939__ WETLANDS Y/N: TRUSTEES APPROVAL DATE: -0/00/0Q PLANNING DEC APPROVAL DATE: 0/00/00 FLOOR AREA: ~ VALUE OF WORK: .~ FEE CODE: __ ADD/CHG/DEL: CHANGE Fl=Next Permit F2=Summary F3=Exit F7=Reprint F8=CO COASTAL EROSION Y/N: BOARD APPROVAL DATE: 0/00/00 ZBA APPROVAL DATE: 0/00/00 FEE: .00 F9=Denial F12=Clear 473889 122--3-9 ~NUMB~R# DATE TYPE 0/00/00 PERMIT 0/00/00 PERMIT 2193 9/24/63 PERMIT 0/oo/oo 0/00/00 0/00/00 CO # 13417 OWNER: MAIN ROAD IhLC 11160 USE/DESCRIPTION · ~ 9CCUPANT SM STR93CTURE i OCCUPANT SM STRUCTURE ADDITION ADDITION ~ Fl=More F7=Permit Detail F8=Co Detail F9=Preco F12=New Swis/Parcel F3=Exit FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate O~ Occupancy THIS CERTIFIES that the buildingA, d. d..i.t.l.q9 ....................................... Lo~t;,~nofPro~o,~,, 11160 Main Road Mattituck ~ou~,~vo. ' ' ~t' ............................ County Tax Map No. 1000 Section . ) ~.2. ....... Block ....3 ........... Lot .... 9. ............ Subdivision - · . ..... Fired Map No ......... Lot No .............. conforms substantially to the Application for Building Permit heretofore fded in this office dated .... A. p ~,.i.[...1 ~ ......... 198..5. pursuant to wlfich Bu/lding Permit No .... 1.3..8.8.5.Z. ........... ..... ~ ...................... 198.~.., was issued, and conforms to all of the requirements of the applicable provisions of the ]aw. The occupancy for which this certificate is issued is ......... .... ~d~itio~ .to. ~xis ~3~ng. b~il~ ......................................... ..................... io'~',;,~f~,~ k'x'X ................. of the aforesaid building. Suffolk County Department of Health Approval UNDERWRITERS CERTIFICATE NO ........... .~././{ ................................... Building Inspector TOWN OF SOUTHOL~ BUILDING DEPARTMENT TOWel HALL SOUTHOLD, N. Y, BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) NO 13885 Z ~t, .....~...~.% .................. 19.~.~ Permlssiarl is ~reby gmnt~ ~: ...... ~.~...~.~ .~ .............................. ~ p~im I~te m ....LLJ..~......~...~..~...~.~.~ ......................... ..... ........................................................................................................ ........... ~.....~......&.,....E ~ ............................................................. ~,~ T~x ~ ~o. ~ ~,~ ......t.~ ........ a~k ....... ~ ........... ~ No. ~ ~,t ~ o~ ~ ......... ~....L~ .................... ~9~.~., ~ app~ ~ ~e 8ulldl~ In--or. F~ ~..~..: ........... Rev. 6/30/80 'FORM NO, 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL ~OUTHOLD, N.Y. 11971 TEL.: 765-1803 ~ Disapproved a/c ..................................... (Building Inspector) APPLICATION FOR BUILDING PERMIT Received ........... ,19... INSTRUCTIONS a. This application must be completaly fiiled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee accordth~ to schedule. b. Plot plan showing location of lot and of buildingr on premises, relationship to adjoining premises or public str=els or areas, and/lying a detailed description of layout of property must be drawn on the diagram wh/ch is part of this appli- cation. c. Thc work covered by this appBcation may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kep.t 9n thc ~remises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the 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, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspg~tions. ($fgnature of appbcant, or name, if a corporation) .... (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, onglneer, general contractor, electrician, plumber or builder. ~s o~ the ta× roll o~ l~test d~ed) t~, amc and title of corpfrate officer) BuilderI License No ..... ~.1i~'7 ................ Electrician s, License No.. - J~l./~. .............. Other Trade s License No .... ~.[.~ ............. 1. Location of land on which proposed work wi/l be doiae .................................................. .... ...................... '.) ...... ........................... ouse Num bet Street( Hamlet County Tax Map No. i000 Section .... .]~..~'. ......... Block .... -~ ............. Lot....~. .............. ........... ]']/(]~'a~).-. - ................ Filed Map No ............... Lot ............... Subdivision 2. State existing use and occupancy oi' premises and intanl/¢d use and occupancy ofprgposed construction: a. Existing use and occupancy [)~1.~7~.. ~..~.~..4.t~..,.~..~).R??./I,.~.~,...~..~...~.l.~..t?~...r~ ............ b. Intended use and occupancy . .~.~ r .................. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF' OCCUPANCY THIS C£RTIFIES that the building located at .,J~.....~lL,~.~l~......(~,~.). ............ Street Mop No. ~ ~k No ......... ~.... Lot No. ~. .~.~.~k, ~.~' conforms substantially ~ the Application for Building Permit heretofore filed in this office dated .......................................... ~-~-~ ~...~ pursuant to ~ich Building Permit No ......... ~ dated ...................... ~.....~.., 19..~., was i~ued, and confor~ to oil of the r~uirements of the applicable pr~isi~s of the law, The occupancy for which this ce~iflcate is issued is ........ ~...9~ .~.~. ~.~ ~ bu~nesa ~e X~ ne~ed The ce~ificate is i~d to ....~..~tX~ ~ (owner, Ieee or te~t) of the aforesaid buildi~. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE $OUTHOLD, N, Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N.° 2193 z Date ................... ~.~ pt emilio....... ~.r~..... 19.~..~.. Permission is hereby granted to: .......... ~att~.tuek ................................................ to '-~ f~ 3~1" &n"~d~l&$,;[~..en,..a~.-~$t ~s~--t~u~-nwlj~-.h~. [~n~ ................................. at premises located at ..~/.~,,.,,~,a-J..n-.~o~H~ ......................................................................................... ................................................ ~t ;~ ~tek. y .....l~...~. .......................................................................... pursuant to application doted .......................... ~te~.....~ .................. 19.63.., and approved by the Building Inspector Fee $.~,. .................. Building Inspector( PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765 -4643 Margaret Rutkowski MeIissa IvlcCowm Secretaries April 11, 2003 Southold Town Planning Board Southold Town Hall 53095 Main Road Southold, NY 11971 Re: East Enders, Inc. Site Plan Dear Chairman and Board: Enclosed please find a copy of my report which states that the property together with a right-of-way. client's title is conveyed I have included a copy of the deed from a predecessor in title which clearly describes the use of the adjacent 25' right-of-way. I will discuss your other concerns with the owner and advise the Board accordingly. cc: very ~ruly yours, Q-~-~t~icia C. Moore Zoning Board of Appeals w/encl. 2002 12:20 FR CHR]~GO TITLE 51G ?~G ?074 T~12125952900 P.08/32 CHICAGO TITLE INSURANCE COMPANY SCHEDULE B-1 Title No.: 3803-00653 The po!~y will not Inau~e against Io~ o~ damage (ettd the ~o~lrlparly wi[} ilot pay ~osta, a~tomey~' feee or e~pense~) which m~ee by reason of ~ fo[}owtr~l mc~apgon~ unles~ they me disposed of ~o our A Taxes, tax [}uns, fax t~le~, v, at~r rote-, sewer and ~es~mente eof f~th in ~eclute heroin. NOTE: If Iht subjed l~u~enc-tion Is one inveidng a sale ~ubJeet to ttte mortgage(s) tetume~ m thb .xc~ptim~. end s~no~ many lendete now ha~u the mo~gage Inatmment. stain that Ihe debt will become due snd payable at the Option of tim mollgnge, upon any transfer of ~e. It is m<~mm~ded that the applicant nxamine ~e me, gage document(s) ne v,e[} ss tim note (e) .nd bond(s) .nd any a~memant madifyin9 enid mo~gage (e} ~ maim Inqub/of the mortgagee of the ~n~ent tem~ of such Inelsument(s) espe~ia~y WIEI tl~pe¢~ to m:x~lera~on of Ihe m~Jdty data In ~aee of a lale, Upen ~equem, we w|ll obt=~ln and.~u~Ol~-h n copy of the meorded m~gage(s) for eeet. C ~ sbde of f~cte which an m3~urate suwey might ehow. Survw e~eptlons set forth hem~. D Rlgh~ of tenants or pGF~.%$ In posseselofl. S~A~un~S, INC~JDIN~ Z~RK~UPTC~, ~A~/E BE~N RUN A~AINST TH~ ~ 11160 NAIN ROAD, AND R~zu~TS, IF ANY, Ai~P~AR H~REIN. NOTHINg FOUND (BANXRUPTCY HEREIN) IN ADVANC~ OF SCHZDULING '~'~ Ch0.qIN~, 'j.'-~ COMPAre' t-iUb~Z BE ADVISED AS TO IDEW['ZTY OF THE PROPOSED Z~SUR.ED ~D ~ IZ~T~RIM GT. ANT~(S), IF ANY, AND ADDITIONA~ EXCEPTIONS MAY TH~N z~z~ ADD~D, P~OOF OF PAZMZNT OP i=RANCHISE TAX ON 11160 MAIN ROAD, INC. FR0~ TO DAT~ OF CLOSIN~ IS P. EQ~IKED. ~PORT ~Q~gTED F~OM STATE TA~ COYb~ISSION. RIGHT OF WAY ~ LiBER 2528 CP 285 AND LI~ER 4943 CP 90. (SM COPY) NOT~: A R]~.L ESTATE T~ANgFER TAX (~T OF ~ PROP~ ~ ~ ~ OF SOuI~O~ ~ES I~ E~CT ~ '~ ~S OF ~T ~N, SO~, S~.~ IS~ ON ~L 1, 1999. ~ ~ BE ~L~'~'~ ~ ~ T~, IF ~PLI~, OF TI~E. SU~VE~ MADE BY STANLEY J. ISAKSEN, J~. DATED 7/9/01 P~ATED 8/9/01 $]/OWS A 1 STOaY ~UILDING WITH AN ATTAt.;zu~U MOEILE HOME AND WOOD PLATFOPuM~ FZ~NCE LI~ 1.1 FEb'T W~ST OF RA~T OF WES'Z'~m. LY P~CO~ LTh'~. VARIATIONS BETWEEN FENCES AND LINF~ OF ~COP. D TITLE. POLICY HILL ]~](CEPT ANY CHAN~ES SINCE TH~ DATS OF ABOVE SUKVEY. FOR ]2~T~ORMATION ONLY: ALL ~E~T~STED MUNICIPAL PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Me~ssa~ Secretaries March 31, 2003 Southold Town Planning Board Southold Town Hall 53095 Main Road Southold, NY 11971 Re: East Enders, Inc. Site Plan Dear Chairman and Board: Please review the enclosed, requested a recommendation due area variances and relocation //~o~ver, application amount of renovat ions, the Zoning Board has to an application for of residential use to second floor. This project may not need site plan because the owners are renovating an existing building and providin~dditi°~-~R~g~d~dr~g~- ~.~_ ~3~ ~ .... if you request a site plan enclose~{s.~ an for site plan approval and my check in ~t-~h~ My clients therefore, your ~ppr~ci~d~ ~ ~ ~ - ' Also enclosed are the Zoning Board of Appeals: are anxious to begin the cooperation is greatly documents submitted to the dated August 16, 2002, 1. Notice of Disapproval amended 12-6-02 and last amended on February 26, 2003: a Deli is a permitted use, the residence is relocated from first floor to second floor and it constitutes a nonconforming use. Please note that the preexistinq residential use is beinq reduced in size: in the existing building the residential use has a total square footage of 695.9 sq.ft. + 414.24 sq. ft. + 124.16 second floor apartment has only 407.58 Board should find that we are not nonconforming use but reducing it. sq. ft. (157.5 sq. ft.), the sq. ft. The increasing the (100-242 )We also need set back variances structure from two front yards. for the 2. The deed is attached to the appeal submitted on August 20, 2002, however, I have submitted another copy for your convenience. o Seven prints of Young & Young survey with all dimensions shown (2 story structure Deli & Apartment) 4. One set of Architect's plan of following: ao Second Level floor plan labeled drawing B First Level floor plan labeled drawing C Second Level floor plan with measurements drawing D with elevations described Existing Building Area square footage calculations Overlay of existing and proposed structures labeled Copy Photographs of proposed addition to existing building 6 o The Health Department Applications for sewage disposal and water supply system (SCWA) for commercial use was 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 ~ruly yours, ~ '~'a C. Moore cc: East Enders,Inc. , PI~NNING BOARD 1S~EMBE BENNETT ORLOWSKI, JR. Cha~rmar~ W/LLIAM J. CREMERS ~NNETH L. EDW~S GEORGE RITCHIE ~, JR. RIC~RD G. W~ PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 Date Received Date Completed Filing Fee APPLICATION FOR CONSIDEP. ATION OF A SITE PLAN New Change of Use Re-use Extension Revision of Approved Site Plan Name of Business or Site: SCTM#: Location: Address: ~000- /'~ Tr7 TI/(~(--.. Name of Applicant: Address of Applicant: Telephone: Owner of Land: Agent or Person responsible for application: Address: Telephone: Site plans prepared by: License No. Address: Telephone: / / / Page 3 Planning Board Site Plan Application ~/.~ ~7~ ~- Total Land Area of Site (acres or square feet) ~r/v~ ~)- Zoning District Exstng Use of Site ~t¢/~r'd- 'Proposed Uses on Site. Show all uses proposed and exist rig. Indicate which bulldl,g will have which use. If more than one use Is proposed per building, Indicate square footage of floor area that will be. rese~ed per use. /0'~), GO Gross Floor Area of Existing Structure(s) ~,. o~0- q~ Gross Floor Area of Proposed Structure(s) .~'¢ /2/~*-- Percent of Lot Coverage by Building(s) ¢.~q./2/~,_~ Percent of Lot for Landscaping (where applicable) Has applicant been granted a variance and/or special exception by Board of Appeals - Case # & date ._~¢¢-~ o Board of Trustees - Case # & date ,Nih 'NY State Department of EnvlronmentalConservatlon - Case # & date Suffolk County Department Health Services - Case # & date ,2-'-/~ Case Number Name of Applicant Date of Decision Expiration Date Other Will any toxic or hazardous materials, as defined by the Suffolk County Board of Health, be stored or handled at the site? If so, have proper permits been obtained? Name of Issuing agency Number and date of permit issued. NO ACTION (EXCAVATION OR CONST£UCTION) MAY BE UNDE£TAI(EN UNTIL APP£OVAL OF SITE PLAN BY PLANNING BOA£D, VIOLATO££ APE SUBJECT TO P£OSECUTION, Site Plan Applications Public Hearings Under the current site Plan application procedure, the process for reviewing a site plan application is: a public hearing is not scheduled and held by the Planning Board until after, among other things, the site plan has received a stamped Health Department approval. The applicant shall now have the following options: 1. To follow the established procedure, or To have the Planning Board schedule and hold a public hearing on the site plan application and have the Planning Board vote on the proposed conditional site plan prior to the applicant receiving Health Departn,~ent approval subject to the following conditions: The applicant hereby agrees and understands that if the site plan which receives stamped-Health Department approval differs in any way from the proposed conditional site plan on which the Planning Board held a public hearing and voted on, then the Planning Board has the right and option, if the change is material to any of the issues properly before the Planning Board, to hold a public hearing on this "revised" site plan application and review its conditional approval. The applicant agrees not to object to a new public hearing and Planning Board review of the revised application. Applioant Agreement on Site Plans The applicant is aware of the terms of this approval and certifies to these terms by his/her signature below. Re: ~rdSr SCTM#: 1000- Applicant Date 2 How much natural rock, earth, etc.) will be removed site? ~ tons/cubic yards 3. Wiil disturbed areas be reclaimed? E]Yes J~.No ~,N/A a. If yes, tot what intended purpose is the site being reclaimed? ....... b. Will topsoil be stockpiled for reclamation? COYes (:]No c~ will upper subsoil be stockpiled for reclamation? C]Yes C]No 4 How many acres of vegetation (trees, shrubs, ground covers) will be removed-from site? _ ~ _ acres. 5 Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? [3Yes ~No 6. If single phase proiect: Anticipated period of construction I~ months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated ~ (number) b Anticipated bate of commencement phase1 _ ~:~ ___month ~year, (including demolition). c. Approximate completion date of final phase ? month , '~A'~t~ ~;'Z _ year. d. Is phase 1 functionally dependent on subsequent phases? E3Yes C]No 8. Will bias.ting occur during construction? C]Yes ~o 9. Number of jobs generated: during construction _ ; after project is complete 10, Number of iobs eliminated by this project 11. Will project require relocation of any projects or facilities? [:]Yes ~l~No If yes, explain 12. Is surface liquid waste disposal involved? EYes ~1o a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? ~j~.Yes r'lNo Type 14. Will surface area of an existing water body increase or decrease by proposal? rlYes ,J~o Explain 15. Is project or any portion of project located in a 100 year flood plain? [3Yes · 16. Will the project generate solid waste? lj~Yes [3No a. If yes, what is the amount per month tons -' b. If yes, will an existing'solid waste facility be used? '[~Yes [3No ' c. If yes. give name ~£~tqq.fCLO .TI2,4g&f'~"l~ ~-[?rrl~; location d. Will.ny wastes not go into a sewage disposal system Or into a sanitary landfill? [=]Yes ,~: e. If ~es, explain ~17, Will the project involve the disposal of solid waste? a, If yes, what is the anticipated rate of disposal? b. If yes, what is the anticipated site life? 18. Will project use herbicides or pesticides? [3Yes I~es ~No years. tons/month. 19. Will project routinely produce odors (more than one hour per day)? [3Yes (~o 20 Will project produce operating noise exceedin~ the local ambient noise levels? [~Yes 21. Will project result in an increase in energy use? [:]Yes [~No If yes , indicate type{s) 22. It water supply is from wells, indicate pumping capacity gallons/minute 23. Total anticipated water usage per day gallons/day. 24. Does project involve Local, State or Federal funding? I-lYes ~0,J'qo If Yes, explain ~[~.N o 25. Approvals Required: Submilta[ Type Date City, Town, Village Board ~Yes [~No City. Town, Village Planning Board [~Yes DNo City, Town Zoning Board '~Yes City, County Health Department '~Yes Other Local Agencies E]Yes E]No Other Regional Agencies [Yes E]No State Agencies [Yes Federal Agencies E]Yes [~No C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? ~Yes E]No If Yes, indicate decision required: ~zoning amendment ~oning variance Clspecial use perm t C]subdivision C]site plan I-lnew./revision of master plan []resource management p~an []other 2. What is the zoning classification(s)of the site? 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 4::~Wbat is,the proposed zoning of the site? ~I~No' ~1 - $. What-is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. Is the~,proposed action consistent with the /ecommended uses in adopted local land use plans? /l~Yes 7. What,are the predominant/l~d use(s) and zon~g classifications within a % mile radius of proposed action? E]No 8. Is the proposed action compatible with adjoining/surrounding land uses within a % mile? 9. If the proposed action is the subdivision of land~ how many lots are proposed? ~/~ a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ~(Yes [3No I-lYes ..~1~o 11. Will,the proposed action create a.dema~dtfor any, community provided ,ser¥ices (recreation; :education, police, fire protection)? aYes a. If yes, is existing capacity sufficient {o handle projected demand? [3Yes [3No 12. Will the proposed action result in the generation.of traffic significantly above present levels? [3Yes a. If yes, is the existing road network adequate to handle the additional traffic? C3Yes C]No // ~ // 1/ D. Informational Details Attach any additional information as may be needed to clarify your project If ti~ere are or may be any adve~e impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the infor ation~~.~' ~ b ~ is true to the best of my knowledge. Applicant/Sponsor Name r~_._?/.!~.·, ~-*¢~ ~ Date Signature If the adlon Is In the Coastal Area, and you are a state agency~ complete I~e Coastal Assessment Fo~m before proceeding with this ~se~sment. D. INFORMATIONAL DETAILS AND WATER SUPPLY NARRATIVE REQUEST Attach any additional informatipn as may be n.eed.ed to q!arify your, p[oject. If th~er.e are or may be, any adverse impacts associated with your proposal, please mscuss SUCh tmpacts and the measures which you propose to mitigate or avoid ~em. 1. Provide explanation of existing site use, occupancy, structures, sanitary flow, water use; compare to proposed use, occupancy, structures, sanitary flow, water use. 2. Indicate the source of water supply, nearest public water main, nearest public well field, and adjacent private wells (if known). If publi~ water snpply is proposed, indicate the ability of the water utility to provide water sapply to the project. Provide letter of water availability or detailed explanation of status of review by water utility. If private water supply is proposed, indicate the well specifications, water quality based on on-site water quality data. Provide Suffolk County Department of Health Services approval or detailed explanation of status of review by agency. Indicate proposed water conservation measures that will mitigate for unavoidable adverse impacts (If any). Conservation measures should include, but not be limited to: a. The use of drought tolerant plants for landscaping. b. The preservation of existing native vegetative buffers. c. The conservation of existing open space areas. d. The implementation of "natural" stormwater management practices (grass swales, filter strips, created wetlands, etc...). E. VERIFICATION I certify that the information provided above is true to the best of my knowledge. Applicant/Spo~ £~/q-'ST ~---~'t~C'-¥d.-':-, --~cPa,'r.z- Date Signature Q' ~5~/,¢-/~// ~_ Title If the action Is in the Coastal .A. rea, and you are a state agency, complete the Coastal Assessment Form before proceeding with th~s assessment. 6 Page 2 Planning Board SiZe Plan Application APPLICANTS AFFIDAVIT STATE OF NEW YORK COUNI¥ OF SUFFOLK ~,~'~/E ~[: f/4 tz¢ /~/f~ being duly sworn, deposes and says that he resides at in the State ¢ New York, and that he Is ~e owner ¢ the above properW, or ~at he is the retie) ~ (Specify whether ~ne~hlp or Corp,) which is hereby making application; that there are no existing structures or Improvements on the land which are not shown on the Site Plan; that the title to the entire parcel, including all rights-of-way, has been clearly established and is shown on said Plan; that no part of the Plan Infringes upon any duly filed plan which has not been abandoned both as to lots and as to roads; that he has examined all rules and regulations adopted by the Planning Board for the filing of Si~ Plans and will comply with same; that the plans submitted, as approved, will not be altered or changed in any manner without the approval of the Planning Board; and that the actual physical improvements will be Installed in strict accordance with the plans subml~ Signed (Partner or Corporate Officer and Title) Sworr~ to me this day of (Notary Public) MELISSA McGOWAN Notary Public, State o! New Yi3rll No. 4995913 Qualified in Suffolk Cour~ ~. Commission Expires May 4, 2bOb' 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. (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 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 mom than 5% of the shams. YEs NO 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 Signature: Print Name: 14~6-2 (9/95)- 7c 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM SEQR Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may nqt be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a proiect or action. Full EAF Components: Tim full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any Impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions Identity the Portions of EAF completed for this project: I'-I Part 1 [] Part 2 I~Part 3 Upon review of the information recorded on this EAF (Part~ 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. [] B. Although the project coUld have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because Se mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* f-I C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. * A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) Date PART 1--PROJECT I'NFORM~ION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether tile action proposed may have a significant eflect on the enviroqment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the fuel EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION LOCATION OF ACTION (Include Street Address, Municipality and County) NAME OF APPLICANT/SPONSOR BUSINESS TELEPHONE I ) ADDRESS JSTATE J Z!p,COCE BUSINESS TELEPHONE CITY/PO STATE ZIP CODE DESCRIPTION OF ACTION ,q no c ,' cl /'/'oar Please Complete Each Question-Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both' developed ~nd undeveloped areas. 1. Present land use: r'lOrban 1-11ndustrial II'Commercial I-IResidential (suburban) C]Rural (non-farml rlForest ~Agriculture r'lOth¢: 2. Total acreage of project area: ~ ~' '] ?5~f f? acres. , APPROXIMATE ACREAGE PRESENTLY A COMPLETION Meadow or Brushland (Non-agricultural) (~) acres acres Forested (",) acres ~) acres Agricultural (Includes orchards, cropland, pasture, etc.) ~ acres ~ acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) (~ acres __ ~ acres Water Surface Area L~ acres (~ acre~ ~) acres i~ acres Unvegetated (Rock, earth or fill) _~//7Z~"~),~/:'./,--acres ~.~) .~ acres Roads, buildings and other paved surfaces - - Other (indicate type) acres acres 3, What is predominant soil type(s) on project site? a. Soil drainage: ~J~WeJl drained !0~ % of site E3Moderately well drained % of site C)Poorly drained % of site b, If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the N'~ hand Classification System~' acres. (See 1 NYCRR 370), 4. Are there bedrock outcroppings on project site? E]Yes ~,No a What is depth to bedrock? (in feet) 2 S Approximate percentage of proposed proiect site with slopes O0-10% % O10-15% _ · O15% or greater % 6. Is project substantially contiguous to, or contain a buildin§, site, or district, listed on the State or the National Registers of Historic Places? OYes ~j~No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? I~Yes 8 What is the depth of the water table? (in feet) 9. Is site located over a primary, principal, or sole source aquifer? '~Yes [3No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? OYes 11; Does project site contain any species of plant or animal life that is identified as threatened or endangered? C]Yes '1~o According to Identify ea,ch species 12 Ale there any unique or unusual land forms on the project site? tie, cliffs, dunes, other geological formations) OYes '"[~N o Describe 13. Is the project site presently used by the community or neighborhOod as an op~ space or recreation area? OYes ~No If yes, explain 14. Does the present site include scenic views known to be important t0 the c0mmunit~,? [:]Yes 15. Streams within or contiguous to project area: A,~'/~/~, - a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name '~'~'1,~4~. L~¥,~/~_ b. Size (In acres) 17. Is the site served by existing public utilities? ~,Yes I-]No a) If Yes. does sufficient capacity exist to allow ~onnection? I~Yes ~]No b) If Yes, w I improvements be necessary to allow connection? E]Yes I~o 18. Is tl~e site located in an agricultu a~ district certified pursuant to Agriculture and Markets Law, Article Section 303 and 304? ~lyes I~No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 I-lYes ~t~No ' 20. Has the site ever been ~,sed for the disposal of solid or hazardous wastesi' E]Yes I-1No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by protect sponsor ~ b. Project acreage to be developed: ~6,'7 ~' ~:~'~',~,~'= InL~Jly; c. Project acreage to remain undeveloped ~ acres. d. Length of project, in miles: '"' (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed ~/~4~J.~,¢~/%; f. Number of off-street parking spaces existing O ; proposed '~ ~ g. Maximum vehicular trips generated per hour · (upon' completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Initially / Ultimately / ~ i, Dimensions (in feet) of largest proposed structure height; width; j. Linear feet of frontage along a public thoroughfare prolect will occupy Is? ft. 3 acres~ acres ultimately. Condominium length, Total lot coverage, following the proposed construction is ei?dht (8) percent. This Notice of Disapproval was amended on December 6/2~02 a~ t~Februarg 26~ 2003~ to reflect changes in the scope of work. ~ ~~ ~ ...... 7~2 ~horized 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 1000 122o00 03~00 ~ot(9 009.000 80O2) COSSULT YOUR LAWYER BEFORE SIGNINe Tels INSTRUMENT - THIS INSTRUMENT SHOULD nE USED BY L~WYER~ ONLY THIS INDENTURE, madethe 2nd dayof July ,intheyear 2002 BETWEEN 11160 MAIN ROAD, INC. a New York Corporation, with offices at 11160 Main Road, Mattituck, NY 11952 padyof~efi~tpast, and EAST ENDERS, INC., a New York Sub-S Corporation, with 6ffices at 100 Dam Street, New York, NY 10013 pady of the second part, WITNESSETH, that the party of the flint part, in consid~ation of T~ Dollam and o~er valuable consideration paid by the party of the second part, does hereby gr~t md release unto the party of the second pad, the heirs or ~cceaso~ md assigns of the party of the second part ~rever, ALL that ~rtain plot, piece or panel oflmd, wi~ tSe buildings and improvements th~eon erected, siesta, lying ~dbe~g at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monumen~ set on the southerly side of Main Road (NYS Route 25) distant 150 feet east as measured alon~ the southerly side of Main Road, from the corner formed by the intersection of ~he southerly side of Main Road and the easterly side of Bay Avenue; RUNNING THENCE alo~ the souther%y side of Main Road, North 51 de~. 50 min. 00 sec. East, 50.0 feet to the land now or formerly of Boucher; RUNNING THENCE alon~ said land South 23 de~. 29 min. 40 sec. East, 200.10 feet to the land now or formerly of P.W.K. Enterprises Inc.; RUI~NING THENCE alon~ said land South 51 de~. 50 min. 00 sec. Wes~ 50.0 feet; RUNNING THENCE still alon~ the land now or formerly of Enterprises Inc., and alon~ t~e land now or formerly of Amerada Hess Corp. North 23 de~. 29 min. 40 sec. West, 200.10 feet to the southerly side Qf Main Road and the point or place of BEGINNING. SLr~JECT TO all instruments of record. BEING AND INTENDED TO BE the same premises conveyed to Grantor by deed dated 8/10/01 and recorded 9/26/01 in Liber 12143, cp 935. TOGETHER with all fight, title and inte~st, if any, of the party of the flint pa~ o~ in and to my s~ceB md roa~ abusing the abov~-dcscfibed p~miscs to the c~t~ IMes thereofi TOGETHER with thc a~u~anmees ~d all ~e ~tatc and dgh~ of ~e pa~y of the ~st part in ~d to said p~cmism; TO HAVE AND TO HOLD the premises heroin granted unto the party of the second pa~, the heirs or successom and assigns of the party of thc second pa~ ~rcver. AND the party of the f~'st part covenants that the pady of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the fn'st part, in compliance with Section 13 of the Lien Law, covenants that the party of the f~rst part will receive the consideration for this conveyance and will hold the fight to receive such ennsideration as a t~'ust fund to be applied first for the purpose of paying the cost of the improvement md will apply the same first to the payment of the cost of tbs improvement befoire using any part of the total of the same for any other 'J'he w.0rd :!~pa.t~y',tshatl be co~straed as if it read "parties" whenever the sense of th s indenture so requires. IN WITNESS :Wl~Jg~.~l~', the party of the first pad has duly executed this deed the day and ye,ar in'st above written. 11160 MAIN ROAD~ INC. b~.~L~I~'~IFARELLI, P~S. State of New ¥~oun~ of SRf folk } Onm~ dayo~ July intheye~r 2002 ~fo~ ~ ~e md~ ~y DAVID CIFARELLI ~ ~ ~c~of~U ~ ~ ~ ~wl~g~ · e ~ ~e ~(s), or MO~y 8~k ~. ~1~ {N~ York ~u~criblng Witnes~ Ac~owled~ent Cen~cate} State of New Yor~ Coun~ of On ~e day of ~ ~e ye~ 5efo~ me, ~e ~darsi~ed, personally append the subsc~b~g wi~s to ~e foregoing ins~ment, wi~ whom I pe~nally acquain~d, who, ~ing by ma duly sworn, did depos~ and say ~ha~ hWsh~ey reside(a) (~the place of ~idence ~ in a ci~, include th~ streef and steer number, any, tbereo~; that h~sh~they ~ow(s) to b~ ~e ~dividua] des~bed in ~d who executed ~e foregoing ~s~ment; ~at said s~bs~bing wimess was present and saw said exe~te ~e same; ~d that said wi~ess at the same time ~bse~bed hi~er/~eir nam~s~ ~ a wimess ~eto. State ~v York, County Onth~ ~day of ~ ~t~d ~]~g~ · e ~mt ~ ~(s~ ~(s) ~ ~ ~ Aanm~,f~Gna~wr ~w U,~ Ot o'~ A.'S~ Yv~I'Sr.O~ O~z~. ~ ~c day of in ~e ye~ before me, ~e ~dersi~, ~onally appe~cd evldenee to ~ ~e ~divldual(s) whose names) is (~) subscribed to executed ~e s~e in hi~/~c~ eapaei~(ies), ~t by hi~er/~eir si~a~(s) on ~c ~s~ment, ~e ~dividual(s), or ~e p~n u~n behalf of which ~e individufl(s) ae~d, execut~ ~e in~mcnt, ~d~ in ~e TO EAST ENDERS, INC. FIDELITY NATIONAL TITLE INSURANCE ,,COMPANY OF NEW YORK COUNTY OR TOWN R,~CO,~D£O .4r ;~(2uEsr o;~ Fidelity National Title Insurance Company of New York Brown Raysman Millstein Felde [/ & Steiner LLP 900 Third Avenue New York, NY 10022 $ GOIXI3 PEIX~MARCHETT.I X MAIN ""., MATTICITUCK ^RC~IT~CTS Lz.P Q ~ ~ · .~ ....... '.'.'.'.'.'.':~'.'.'.'~'~'.'.'.'.'.'.'.'.-.-.-.'.-.-.'.'.-.-.'.'.-~. v:... O ~ ~D SPACE A [9.7' x 12.6'] = +122.22 sq.ff. AREA,~.~,,~. EXCHANGE ~ ~D SPACE B [13.21'x 18'J = + 234.78 sq.R. I~r C~o~ ~ ORO~ FLOOR FOOT P~T ~ 0 sq.a.[ PEIX~MARCHETTI ~ ARCHITECTS LLP MAIN RD., MATTICITUCK ,.wE..,,,.,...4o, NYNY 10olo 30 January 2003 12.6' 22'-3 5/8" [p,/JOBS/Gn/Dr'~wlngs/Pl~n For AppUc~tlon # 5~11] Q 45' 12.6' R 9.5~ S ~ .~,XI~IlqO$$I~'TION EXISTING BUILDING AREA EXISTING SECTION Q = 12.5' x 12.6' = 157.50 sq.ft. 12.8' [ EXISTING SECTION R = 22.3' x 18.8' = 419.24 sq.ft. I. I EXISTING SECTION S = 9.7' X 12.8' = 124.16 sq.ft. O EXISTING EXISTING TRAIl.ER t = 45' X 8' = 360.00 sq.ft. PLAN 118"=1'..~.----.,-.~ ~,,,,'&,~.,~:::,~,,1,,~ ,~x TOTAL EXISTING AREA = 1,060.90 sq. ft. STORAGE ELEVATION FOR UPPER LEVEL and sidle] OF TH~ SLOPED ROOF (OR ROOFS) WIlL NOT ~) PROPOSED PLAN: SECOND LEVEL 1/8"= 1 '-0" 0 0 ...... ~ I · - 228.76 sq.R. S~E of BUS.SS ~LA~D ~A ~ ~ ~ ~o~~ ~ o~ 8~o~ ~ .=~. ~,,~ i~ PROPOSED P~N: MAIN LEVEL 12.6' 22'-3 5/8' R 12-W 1321' EXISTING FOOT pRINT NOT TO BE ENLARGED REMOVE EXISTING SPACE r [45' X 8'] = -360.00 sq,tt, 1777771 ADD SPACE A [9.7'x 12.6'] W"?';""]"/~ ADD SPACE B (13.21' x 18'1 TOTAL ADDiTiONAL SPACE = +122.22 sq.ff. = - 234.78 sq.ff. = +360_00 · INET CHANGE IN GROL.rND FLOOR FOOT PRINT = 0 sq.ft] 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 XXW, 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 de~ee 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. MEMO TO: FROM: DATE: SUBJECT: Planning Board Zoning Board of Appeals March 27, 20~ Planning Bj;~rd Applicatio~iew ZBA #521~,~.st Ende~ 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 Cor~spondence L. To~ora FORM NO. 3 TOVV2'q 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 Block3 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, '2qothing 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 00~2 an changes in the scope of work. / / ~ l~February 26~ 2003~ to reflect Note to Applicant: Any change or deviation to the above referenced application, may reqnire further review by the Southold Town Building Department. Cc: ZBA, File 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 Block3 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 XX1V, t 00-242, 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 an,/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 6Z2/~02 a; ~F~, 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 4,8A M&TC~ 34 ~ ® NOTICE OF SUFFOLK (~) Tax Service Agency SOUTHOLD SECTION NO 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 Southold Town Zoning Board of Appeals Lydia Tortora, Chairwoman and Board Southold Town Hall 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: 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 identify two issues: has been corrected to no (100-243 A) permitted structurally story. residential a residential use which is ~not a use" is being ~reconstructed or altered" by relocation to the second Please note that the mreexistinq use is beinq 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. Bo (100-242 )We also need set back variances for the structure from two front yards. The deed is attached to the appeal submitted on August 20, 2002, however, I have submitted another copy for your convenience. 7 prints of Young & Young survey with all dimensions shown (2 story structure Deli & Apartment) 5. 7 sets of Architect's plan of following: ao Second Level floor plan labeled drawing B First Level floor plan labeled drawing C Second Level floor plan with measurements drawing D with elevations described Existing Building Area square footage calculations Overlay of existing and proposed structures labeled Photographs of proposed addition to existing building 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. ~./,V e~~ yours, ~--P~ricia C. Moore cc: East Enders,Inc. !ARCHITECTS LLP MAIN RD., MATTICITUCK i ,,-,.,..,.,.,-:...,.,-,,,,,,,o.,,,v,,,-,,,oo,o 50 don 2003 s %'"~- '~'-, .... 7", --'?~/ ~ REMOVE EXISTING SPACE T [45' X 8'] = -360.00 sq.ft. O ~ ADD SPACE A [9.7' x 12.6'] = +122.22 sq.ft. ^Rl=^,,8.=,..o. F:XGH^~GE ~ ADD SPACE B [13.21' x 18'] = + 234.78 sq.ft. ~.*:.~,~o.~,m:::~,,~,~.,,.~,o~ TOTAL ADDITIONAL SPACE = +360.00 sq. fl. X INET ~CHANGE IN GROUND FLOOR FOOT PRINT = 0 sq.ft.[ DECK ELEVATION FOR THE UPPER LEVEL STORAGE I ' ~ 3 ' ' ELI' ~TC~N 228.76 sq.~. 5.74 S~E of BUS.SS ~LA~D ~A ~ON~~ P~N: MAIN LEVEL 12.6' 22'-3 5/'8' 1321' Q R N 45' 1 d' ~AREA EXCHANGE S 12.8' EXISTING FOOT pRINT NOT TO BE ENLARGED I"-'"~"] REMOVE EXISTING SPACE T [45' X 8'] = -360,00 [777771 ADD SPACE A [9.7'x 12.6'] P?7'd'"d~ ADD SPACE B [13,21' x TOTAL ADDiTiONAL SPACE = +122.22 sq.ff. = - 234.78 = +360.00 sq.ff. NET CHANGE IN GROUND FLOOR FOOT PRINT = 0 sq.l~.~ ~ MEMO TO: FROM: DATE: SUBJECT: Planning Board Zoning Board of Appeals March 27, 2003 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. To~ora 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 Patnc~a Moore A/C Lisa Clferell 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 Block3 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 deb 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~'~02 a~ l~,,ebruary 26~ 2003~ to reflect changes in the scope of work. / / ~/~ ~ thonzed 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 LASER FICHE FORM Planning Board Site Plans and Amended Site Plans SPFile Type: Proiect Type: Site Plans Status: Incomplete Application - In Active SCTM #: 1000 - 122.-3-9 Project Name: East Enders, Inc. Address: 11160 Main Road, Mattituck Hamlet: Mattituck Applicant Name: East Enders, Inc. Owner Name: East Enders, Inc. Zone 1: B Approval Date: SCANNED OCT 7 2008 / / Records Managetnent OPTIONAL ADDITIONAL INFORMATION End SP Date: Zone 2: Location: SC Filin.q Date: C and R's: Home Assoc: R and M Agreement: A date indicates that we have received the related information Zone 3: SCAN Date: LOCATION MAP SCALE I "= GO0' 4 5TONE BLEND PAVEMENT NTB CONCRETE HEADER NTB ASPHALT PAVEMENT BECTION NTB N N S CONCRETE CURB CHEAD ./ ./' '\ ® PENB'CL N~kfl 31 2003 L f Young ¢ Young SITE DATA TOTAL AREA = 9,679 Sq. ft.. E GENERAL LEGEND ENGINEER'S CERTIFICATION f SU RVEYOR'5 CERTIFICATION OWNER GAlL DE551MOZ ¢ MICHAEL RACZ too VANDAM STREET SECOND FLOOR DELICATESSEN ¢ APARTMENT GAlL DE551MOZ ¢ MICHAEL RACZ AL Mat. t¢.uck, Town of 5o¢:hold Suffolk Count;y, New York County Tax Map D,,trTct I OOO s.ct,o. 122 al*ok 03 Lot D ALIGNMENT PLAN I MAP PREPAPM:D DEC 9, 2002 NOV 27,2002 OCT, I~, 2002 SCALE I''= 20' J JOB NO 2002 0302 DWG LOCATION MAP &CALE ,, N 1580 GAl- GREASE TRAP N S "e C©NC(T) X A?P, ON 8 DO* 1200 GAL. SEP~C TANK DIS~IBU~ON POOL LEACHII~ POOL DRAINAGE DESIGN CRITERIA ,~ CALCULATIONS V AP.C PAVEMENT INFILTRATOR SYSTEM DETAIL N %5. FLUSH INLET CATCH BASIN NT5. UTILITY LEGEND Young ¢ Young 400 051:randcr Awnu~, R:verh~ad, N~w York I 190 I G3 1-727-2303 Alden W, Youn0, P.E. ¢ L,5. (I 90~5- 1994) Howard W. Young, Land 5urwyor Thomas C, WolpeH:, Prof¢55~onal Robert C. Task, Architect ,,, SITE DATA TOTAL AREA = D,G7D Sq. Pt;. GRADING ¢ DRAINAGE LEGEND +9 50 +9,50 SANITARY DESIGN CRrTERIA ¢ CALCULATIONS DENDI~ CALCULATION 1560 GAL 15DO GAL ENGINEER'5 CERTIFICATION SURVEYOR'S CERTIFICATION OWNER GAlL D~DSIMO2 ¢ MICMA~L R, ACZ NEW YORK, NEWYORK 10013 DELICATESSEN ¢ APARTMENT GAlL DED5IMOZ ¢ MICHAEL RACZ Al; Mat;~:lt;uck, Town of Soul. hold Suffolk Count;y, N~w York GRADING ¢ DP--.AINAGE PLAN 2 '\/' PROPOSED FRONT ELEVATION PROPOSED LEFT ELEVATION HURRICANE CLIPS (2) 2×4 SHOE 2x6-1B" Dc CEILING ,JOISTS (2) 1-~" x 9-}'2" LVL GIRDER BOXED TO DOVER COLUMN CAPS 12" DIA HB&O PERMACAST COLUMN PROVIDE CONTINUOUS TIE ROD. FROM CONCRETE WALL THROUGH FIBERGLASS COLUMN TO OVER THE TOP OF GIRDER FOR CONTINUOUS T~E DOWN CONTINUOUS RIDGE VENT 12 2×10 RIDGE BEAM --J5' 2×6-16 DC RAFTERS ~" CDX ROOF SHEATHING 15# FELT 25 YEAR ARCHITECTURAL GRADE ROOF SHINGLES 2xB SUB FASCIA w/ 1~8 PRIMED PtNE FASCIA 12" SOFFIT -- VENTED 2x6 / 2x4 STRONG BACK BUILDING CONSTRUCTION NOTES: CODE C0~LIANCE: GENERAL NOTES: CROSS SECTION A 00~ 0~0 VERIFY ALL DIMENSIONS AND CONDITIONS PRIOR TO COMSTRUC TION FIELD M£ASUREMENTS WERE PERFORMED PRIOR TO REMOVAL OF tN FERIOR WALLS 756-2000 CMA 06-22-01 DEMOLITION PLAN lof5 EXIS13NG CONCRETE STORAGE PLATFORM EXISTING STORAGE EXISTING STORAGE EXI~'rtNG STORAGE EXISTING LOADING DOCK LOADING DOCK RAMP EXISTING OFFICE SPACE EXISTING OFFICE SPACE r~-.-.- ..... EXISTING STOP, AGE EXISTING OFFICE SPACE EXISTING OFFICE SPACE EXISTING OFFICE SPACE EX]STING OFFICE SPACE ,I EX[STING OFFICE SPACE EXISTING FLOOR PLAN EXISTING OFFICE SPACE: 4,207 ~q EXISTING STORAGE sFAcE! 4,333 EXISTING CONCRETE STORAGE PLATFORM EXISTING STORAGE EXISTING STORAGE EXISTING STORAGE F~XISTING LOADING DOCK E,X~TING LOADING DOCK RAMP ABOVE LARA'S O~VICE ESTIMATING ' STORAGE AN~ ENTRY EXISTING STORAGE RRAN T'S OFFICE NEW BAIHROOM EXISTING OFFICE SPACE RENOVATED FLOOR PLAN PROPOSED OFFICE SPACE: 4,158 sq ft 0 7 0~ Ii F"K' I~ I 0z 7 VERIFY ALL DIMENSIONS AND CONDITIONS PRIOR TO CONSTRUCTION. FIELD MEASUREMENTS WERE PERFORMED PRIOR TO REMOVAL OF iNTERIOR WALLS. 7~-~000 CMA 06-Z2-0l SCALE: INTERIOR OFFICE LAYOUT 2of5 J i 7'-t Fq II DEMOLITION FLOOR PLAN EXISTING R~MOVED /_L_I 0 7 NOTE: VERIFY ALL DIMENSIONS AND CONDITIONS PRIOR TO CONSTRUCTION, FIELO MEASUREMENTS W~RE PERFORMED PRIOR TO REMOVAL OF INTERIOR WALLS, 756-2000 CMA 06-22-01 DEMOLITION PLAN 3of5 NEW PARTITION WALL IS TO BE A "FIRE WALL" WITH A MINIMUM OF TWO HOUR RATING. PROVIDE TWO LAYERS OF 5/8" FIRE RATED SHEETROCK ON EACH SIDE OF FRAMED WALL WALL. WALL IS TO TERMINATE AT ROOF WITH SMOKE TIGHT JUNCTION. PROVIDE A MINIMUM OF 15" NON-COMBUSTIBLE SURFACE AT EACH SIDE OF FIRE WALL. ESTIMATING Ld IN EXISTING WINDOW EXISTING STORAGE SHOP & TOOL STORAGE JIM'S OFFICE DOOR EXISTING STORAGE Z REMOVE EXISTING CUT THROUGH CONCRETE FLOOR AND PROVIDE NEW STAIRS TO BASEMENT, ~TORAGE NEW 5068 BYPASS DOOR NEW 5068 BYPASS DOOR (4) NEW 5068 DOOR ( NEW 5068 DOUBLE POCKET DOOR AND BREAK AREA (4) NEW 3068 DOOR (STA~ONARY) NEW 5068 DOUBLE POCKET DOOR BATHR~'~M J, WOMEN S ~'ATHROOM EXISTING LOADING DOCK RAMP EXISTING WINDOW EXISTING WINDOW EXISTING OFFICE SPACE EXISTING STEPS TO 4'-0'* WIDE ? BRANT'S OFFICE ;DOOR NEW 5068 DOOR w/ 5066 SIDELITE NEW 5068 DOOR v CONFERENCE ROOM RECEPTIONIST w/ 18' PLAN ROOM BYPASS DOOR NEW WINDOWS SET O 6'-8" WAITING ROOM J~NTRY ~ AIR LOCK NEW 5068 DOOR 3068 DOOR 5056 DOOR w/ (2) 30~8 SlDELITE w/ (2) 5068 ~IOELITE EQUIPMENT & MAIL (FUTURE OFFICE) LARA'S OFFICE -4' WINDOW ~NDOW R~OVE EXIS~NG ~NDOW NEW NEW EXISTING HANDICAP RAMP NEW SET 0 g'-O" PROPOSED FLOOR PLAN F. XtSTIlqG I ' I xo __ MASONRY PORCH ~ WRAP AROUND STEPS w/ HANDRAIL AS REQUIRED BY NYS CODE, 12" DIA. HB&G PERMACAST COLUMNS (2) 1-~4" x 9-~~ LVL GIRDER ON EACH SlOE BOXED TO COVER COLUMN CAPS 2x6-16" oc CEILING JQISTS T MASONRY PORCH & WRAP AROUND STEPS w/ HANDRAIL AS REQUIRED BY NY$ COgE, 12" DIA. HB&GPERMACAST COLUMNS (2) 1-~" x 9-,~" LVL GIRDER ON EACH SIDE BOX£D ¥0 COVER CO~.UMN CAPS, 2x6-16"o<: CEILING JOISTS 2x6-15' ocRAF?ERS lx8 FASCIA ~ RAKE BOARDS tx4 FREEZE BOARD LEVEL ALL FLOORS AS REQUIRED. WINDOW AND DOOR HEIGHTS ARE BASED FROM NEW LEVEL FLOOR HEIGHT. Z~ On-' Z 06-22-01 PROPOSED FLOOR PLAN 4of5 /Iii ELECTRICAL SYMBOL LIST: F PROPOSED FLOOR PLAN Z FIELD MEASUREMENTS WERE PERFORMEO PRIOR ?O REMOVAL OF INTERIOR WALLS. 756-2000 CMA 06-22-01 EMERGENCY LIGHTING & EXIT SIGN PLAN 5of5