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HomeMy WebLinkAbout6322 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING DATE: OCTOBER 22, 2009 ZBA#6322: RICHARD EHRLICH, Applicant Property Location: 64755 Main Road, Greenport CTM Parcel: 1000-56-4-22 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Unlisted Action category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated July 31, 2009 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The applicant's property is situated in the Marine M-II Zone District with +/- 300 feet fronting along the Main Road and is improved with a single-story framed tavern building shown on the November 19, 1986 survey by Roderick Van Tuyl, P,C, BASIS OF APPLICATION: Request for a Special Exception for Restaurant Use in an existing building under Town Zoning Code Section 280-55-B(1). ADDITIONAL; INFORMATION: The existing building has been a restaurant since 1969 and described on the 1986 survey by Roderick VanTuyl and the Building Department records as a tavern. In 1985 the building was renovated and expanded and received a site plan re~iew and approval from the Planning Board on May 10, 1985 and a Certificate of,Occupancy (No. Z14501) from the Town Building Department and approval by the Suffoll~ County Department of Health. In 1994 the zoning map was amended and the property,was re-zoned from B General Business to Marine M-II. A Restaurant is a permitted use by Special Exception in the Marine M-II Zone. Because the restaurant operations were discontinued and the building vacated, the pre-existing, as of right restaurant usb was discontinued and the building fell into disrepair. A special exception permit is required to re-open the restaurant. Written comments were received by the Board of Appeals on August 18, 2009 from Martin Sidor, Chairman of the Planning Board regarding this application and confirming the 1985 site plan approval for the use Page 2 - Octdber 22, 2009 ZBA #6322 - RICHARD EHRLICH Property Location: 64755 Main Road, Greenport CTM Parcel: 1000-56-4-22 as a restaurant. FINDINGS OF FACT The Zoning ,Board of Appeals held a public hearing on this application on October 1, 2009 at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant REASONS FOR BOARD ACTION: After review of the requirements set forth pursuant to Chapter 280 -55-B1 governing restaurant uses by Special Exception review, and on the basis of testimony presented and personal inspection, the Board finds: 1. A restaurant is a permitted use in this Marine M-II Zone under Section 280-55-B(1) of the Town Zoning Code, subject to special exception authorization of the Zoning Board of Appeals. in this review the Board determines that a restaurant use is in harmony with the zoning ordinance and will not adversely affect the neighborhood when meeting the code requirements. 2. In addition, the Board has reviewed the General Standards governing Special Exception uses set forth in Section 280-142 and finds that: A) The use of the property as a restaurant in the proposed renovated building will not prevent the orderly and reasonable use in this zone district and adjacent districts. B) This use will not prevent orderly and reasonable use of permitted or legally established Uses in this zone district or adjacent use district. C) The safety, health, welfare, comfort, convenience, and the order of the town will not be adversely affected by the proposed use and its location. D) Thb' use will be in harmony with and will promote the general purposes and intent of the Code. E) The use is compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regarding to visibility, scale and overall appearance. F) The structures, equipment and material will be accessible for emergency protection. ~ RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman, seconded by Chairman Goehringer, and duly carried, to Page 3 - October 22, 2009 ZBA #6322- RICHARD EHRLICH Property Location: 64755 Main Road, Greenport CTM Parcel: 1000-56-4-27 GRANT the Special Exception for a Restaurant Use, as applied for, SUBJECT TO THE FOLLOWING CONDITIONS: .1. There shall be no increase in the number of seats or intensity of use as previously granted by the Planning Board. 2. There shall be no change to the site other than what was approved by the Planning Board. 3. There shall be no changes to the (nonconforming) setbacks and height of the existing building. Minor changes to the roofline and the addition of a cupola are permitted so long as they that do not increase the height of the existing roof ridge (within the nonconforming setbacks). ' 4. All garbage generated by the restaurant shall be contained on-site in dumpster(s) that are visually screened and housed in a fenced in area with proper rodent control. '5. Evergreen privacy screening at a minimum of 4 or 5 feet in height shall be planted along the easterly and westerly property lines, not closer than 40 feet from the front property line adjacent to the road, and shall '~ be continuously maintained. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: M~ger/(CtlAirman), Weisman, Simon, and Schneider. (Absent wa~in.~g.)/,/~i/s, Re~ w/a~ duly adopted 4-0. // G~P. Goe~inger, Cha~ma~ /2009 . ~ppmved for Filing/ 10/3~ PLANNING BOARD MEMBERS L~ MARTIN H. SlDOR ~"/~ ~ $~/..-K Ch~ WILLIAM J, CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: Gerard P. Goehringer, ZBA Chairman Members of the Zoning Board of Appeals From: Martin H. Sidor, Planning Board Chairman Date Re: Members of the Planning Board August 17, 2009 Ehrlich, Richard (Main Road Group) SCTM#1000-56.00-4-22 ZBA# 6322 AUG 1 8 2009 D G--' Al;~?'.I, The Planning Board received your request for comments regarding the above application for a special exception permit to reopen a restaurant located at 64755 Main Road, Greenport in the M-II zoning District. Section 280-55B(1) "Uses permitted by special exception", Restaurants, excluding outdoor counter service, drive-ins or curbside service establishments: As you are aware, the restaurant use was reviewed in 1985 by the Planning Board and received site plan approval where the following comments are for the Board's consideration: 1. The property, which is subject of this applcaiton, is zoned Mil and the proposed use a restaurant is permitted by Special Exception. 2. According to building Department records the use of the site has been a restaurant prior to 1969. 3. The subject parcel was previously reviewed for the same use as currently proposed where the development of the site, use and parking where reviewed and approved by the Planning Board. ZBA# 6322 Ehrlich, Richard 4. Provided there is no change in the number of se; the Planning Board has no issue with the use. AUG 1 8 Last, provided there is no change to the site other than what was approved by the Planning Board, there is no issue. It should be noted that any future requested change to the site plan should include a copy of the relevant section the approved stamped site plan noting the location of the requested change to be reviewed by the Planning Board. We hope that the information provided to you is helpful. Should you have any questions or need additional information, please contact the Planning Department. Thank you. Planning Board Heather Lanza, Planning Director DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE BOARD OF APPEAl e THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING July 31, 2009 Town of Southold ZBA 53085 Main Road PO Box 1179 Southol4, NY 11971 Att: Gerard Goehringer, Chairman Dear Mr. Goeringer: Pursuant to the requirements of Sections A 14 14-23 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-communityimpact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Sokol, Marc & Deirdre Penny III Swing, Robert Ehrlich, Richard (Main Road Corp.) 6318 6319 6320 6322 Very truly yours, TRK:ds Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPiER (631) 853-4044 , ~~.. ~ .' JUL 0 ..... : ' BOARD OF APPEALS JUL 0 2 2009 ~//// SOUTHOLD TOWN ZONING BOARD OF APPEALS ~o, nb~" 02')0lY$ Phone (631) 765-1809Fax (631) 765-9064 --,o o,e4.o~4. APPLICATION FOR SPECIAL EXCEPTION ~ Application No. Date Filed: I (WE) hereby apply to the ZONING BOARD OF APPEALS, Southold, New York for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE _VlII~, SECTION 280-55 SUBSECTION ~ Owner(s)(as applicant): _Richard G. Ehrlich individually and as pres. of Main Road Inc., mailing Address: e/o Patrieia C.Moore Esq 51020 Main Road, Southold NY 11971 Telephone: __631-765-4330 NOTE: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Authorized Representative: Patricia C. Moore Esq. Address: 51020 Main Road, Southold NY 11971 Telephone: 631-765-4330 For the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): (attach separate sheets if needed) Statement of Ownership and Interest: Richard G. Ehrlich individually and as pres. of Main Road Inc is (are) the owner(s) of property known and referred to as 64755 Main Road, Greenport NY (House No., Street, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section 56__ Block 04 , Lot(s) 22 _, which is not (is) on a subdivision Map (Filed _, "Map of "Filed Map No. , and has been approved by the Southold Town Panning Board on Subdivision). The above-described property was acquired by the owner on The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefore in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: The building has been a restaurant since prior to 1969 (building dept. records describe use as tavern). In 1985 the restaurant was completely renovated and expanded with site plan approval and properly issued certificate of occupancy. In 1994 the zoning map was amended and the property re-zoned from B to M-II. Restaurant is a permitted use, by Special Exception. Due to personal circumstances the restaurant use was not continued and the pre- existing, as of right, restaurant use discontinued. A special exception permit is required to re-open the restaurant. The applicant is the owner of the Sea Food Barge, their lease is due to expire and the business must relocate. The owner wishes to reopen his business at this site without any interruption of business and loss of jobs to his employees, therefore, immediate and expedited review of the application and a special exception approval is requested. The property which is the subject of this application is zoned M-II__ and [ X ] is consistent with the use(s) described in the Certificate of Occupancy(copy attached). A building permit was issued in 1969 for addition to existing tavern (permit#4533) and permit #13918 issued 1985 for remodel and addition to existing restaurant [ ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): _. [ ] is vacant land. COUNTY OF SUFFOLK) (Signature) Sw~efore me this~~ day of ~//ZBA2 (rev. 2/06)~ {~' ~ ,200 01/01/2006 22:04 FAX ~006 FORM NO, tt TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold~ N.Y. Certificate Of Occupancy ADDITION -~D REMODELING THIS CERTIFIES that the building ................................................ LocatiorlofPropetty .... ~..47.5.5' .I~.~.~.E ROAD GR]$ENPORT Houae lye. gtt'aat Hamlet County Tax Map Ne. 1000 Section ., ,0.5.~. ...... Block ...... 0,.4 ....... Lot .,, ,2.2. ........... Subdivision ............................... Filed Map No ......... Lot No .............. conforms substantially to the Application for Building Permit heretofore filed in this office dated ..................RpF.~.% 3 198..5 pursuant to whJch Building Permit No ................... 13918Z ... dated . ?..ay. 7 O..5 - ...................... 19. , was lssued~ and conforms to all o£ the requirements of the applicable prOvtsio m et the law Tire occupancy for which this certificate is issued is ......... AND ADDITION 'gO E,XISTI,NG RE, S.T,A. URANT .. tL~O.P .~b ......... · The certificate isissued to vIOLET AND LARRY TUMINELLO ..................... ?oyn'~'r,y.V.~y,~RX .................... of the aforesaid buildiag. Suffolk County Department of He~ltA ApprovaJ .. $:-~3. reh... [;t.,, .;t 9 I~. .............. :... UNDERWRITERS CERTIFICATE NO, .N. 7 ([,6.5.5, Q.-.air...c,o,n.d.i..e,i,o.n.i, .rig. ,N, 7 ,S.$.5.q 7..o.%h.e.r. ,W, Qrk PLUMBERS CERTIFICATION 7/1/86 Rev. 1181 t of' Constructed Wo~ks H, ',, 5-<~$ 01/01/2006 22:06 FAX ~015 8outhold, N,Y, 11971 765-1958 June ll, 1986 and Mrs. Larry~'Tu~linello Sh'ip s- -Dr~Ve Southold, NY 11971 Site Plan for Larr~ and Violet Tuminello Dear Mr. and Mrs. Tuminello: The following action was taken by the Southold Planning' Board, Monday,June 9, 1986 at tha regular me~%ing. RESOLVED that the Southo].d Town Planning Board, having made a field inspection of the site, recommend to the Building Depart~ent that a certificate of occupancy be issued for th9 restaurant of Larry and Violet Tumlnello located at Main. T6ad, Arshamomaque subject Sgo: 1. Removing.the existing asphalt in front of the building. Ti%is mu~t completed prior to opening. ~:~ 2. Completing the requi~d, landscaping~ This is subject to a six-month review~,. ~iea~h contact this office ifyou have any questions. .,~ Very truly yours, ~ .3 '~ BENNET~ ORLOWSKI, JR., C~AIRMAN '" '.' SOUTHOLD TOWN PLANNING BOARD By Diane M. $chultze, Secretary Building Department APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: ~n~/ ~-~.~ ~/, I. For Demolition of Existing Building Areas Please describe areas being removed: Date Prepared: dUL 0 2 200 t~oneo or.npp~nt,s II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: Iii. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary)- Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: ff'~Q.4'/ Number of Floors and Changes WITH Alterations: IV. Calculations of bailding areas and lot coverage (from surveyor): . Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by building area: V. Purpose of New Coustruction: VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION 4'6,3 RECEIVED o~.~ JUL 0 2 2009 t~o~t~o or ~ppt:,4~ ls the subject premises listed on the real estate market for sale? [3 Yes ,J~No Are there ~,y proposals to change or alter land contours? [] Yes ~No 1) Are there any areas that contain wetland grasses? 2) Are the wetland areas shown on the map submitted with this application? 3) Is the property bulk headed between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? /~/o . (If not applicable, state "n/a".) Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? ,0 ~ (If none exist, please state Do you have any construction talcing place at this time concerning your premises? 7'~t5 O If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. G. Do you or any co-owner also own other land close to this parcel? ,Ara If yes, please explain where or submit copies of deeds. H. Please list present use or operations conducted at t)~is parcel ~( / ~-'f,~'~ ~------a~~ and proposed use ~ r~vt2~ ~ . Authorized Signature and Date PROJBCTI.D NUMBER 617.21 Ap£endL~ C State Environmental Quality Review SHORT ENVIRONMENTAL A~SESSMENT FORM ' ' For UNLISTED ACTIONS Only PART I - project IMormation (To be complete by Applicant or Project spomor) 1. Applicant / Sponsor 2. Pmject Name 3. Project location: Municipality County 4. Precise location (St/eel address and road intersections, prominent landmarks, etc. or pmvlde map) 5. Is proposed action: ( )NEW ( ( 6. Describe project bflefly: 7. Amount of land affected: Initially;.. . . ?.-f' acres; Ultimately: . ~_j..- acres 8. Will proposed action comply with ex,sting or other existing land use resbtctions:( ) YES ( ) NO If No, describe bflefly: 9. What is present land use in vicinity of project: (describe): ( ) ResidenUal ( ) industrial ~ Commercial ( ) Agricultural ( ) Park/Forest/Open Space ) Other 10. Does action Invo vea permit approval or funding, now or ultimately from any other Governmental agency (Federal Stale or Lccal)? )YES ( ) NO if Yes, list agency(s) and permit/approvals: '1. Does any aspect of the action have a currently valid permit or approval? ) YES ( ) NO If Yes, list agency(s) and permit/approvals: 12. As a result of proposed action, 'Mil exisling permtiJapproval require modification? I(~) YES ( ) NO if Yes, list agency(s) and permit/approvals:  lnfon'nation provided above is ~'ue to the best of my kn, owledge Appllcant/SponsorName: (' '-~-----~/~" ~ ~ Date 7 Signature: If fha action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this Ao Town of Southold LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action wilt be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board &Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-56-4-22 AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees [] Zoning Board of Appeals I-l_ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) [] (b) Financial assistance (e.g. grant, loan, subsidy) [] (c) Permit, approval, license, certification: [] Type: __ Town of Southold LWR~ Consistency Assessment Form 1 Nature and extent of action: reopen existing restaurant Location of action: 64755 Main Road, Greenport Site acreage: 1.2 acres Present land use: existing restaurant- commercial use Present zoning classification: M-II If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Richard Ehrlich (b) Mailing address: e/o Patricia C. Moore 51020 Main Road, Southold, NY 11971 (c) Telephone number: (631 ) 765-4330 (d) Application number, if any: __ Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [] If yes, which state or federal agency: __ DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): economic development The existing restaurant will be reopened- promote Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): Disturbed property with no historical archeological resources Policy 3. Enhahce visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section Ili- Policies Pages 6 through 7for evaluation criteria Yes [] No [] Not Applicable [] Town of Southold LWRP Consistency Assessment Form 2 Discussion (if appropriate): Main Road existing restaurant has no visual impact- north · 'nt~/~0 side b'T NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See L WRP Section III - Policies Pages 8 through 16for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): the existing building will be renovated and reopened Policy 5. Protect and improve water quality and supply in the Town of Southold. See L WRP Section 111 - Policies Pages ! 6 through 21 for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): addition does not require additionalmeasures- Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): not waterfront Policy Z Protect and improve air quality in the Town of Southold. See L WRP Section lll - Policies Pages 32 through 34for evaluation criteria. See Section III - Policies Pages; 34 through 38for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): Existing use reopened Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section 1II -Policies; Pages 34 through 38for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): no impact- existing use Town of Southold LWRP Consistency Assessment Form 3 PUBLIC COAST POLICIES t~°&~° Policy 9. Provide for pub~ lic access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): promotes and supports recreational uses WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section II1 - Policies; Pages 47 through 56for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): accross from water dependent uses Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See L WRP Section II1 - Policies; Pages 57 through 62for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): __ No impact Policy 12. Protect agricultural lands in the Town of Southold. See L WRP Section III - Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): no impact Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section 1II - Policies; Pages 65 through 68for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): no impact *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 4 T~SACTIONAL DISCLOSURE FORMO APPLICABLEWO OWNER, CONTRACT VENDEE AND-AGENT: The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees2 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 ~re applying in the name of sor~eone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Variance Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance *If "Other" name the activity: Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO 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, agent or contract vendee) 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 lt'Ol~ NO. D TOWN OF $OUT~OLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. JUL 0 8 ZO0~ ~°~o o~ ~t,~L~ BUILDING PERMIT (THIS PEPJ~IT MU~'I' BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N~ 13918 Z Permission is hereby granted t~ .... · ..i~ ............. ..~ ........ .~...'-z.l... ot..~,,. ,~oted ................... .... ~~ ....... County Tax ~op No. ~000 SecUon ...... .C)..~..~..... mock ...... ..~.~ ....... Lot No.......~.~'. ........... pursuant to application dated ..... ~.....~ ........................ , 19.~..'~Tond approved by the Building Inspector. Building Inspector Rev. 6/30/80 Richard G. Ehrlich and Main Road, Inc. By Richard G. Ehrlich, as President 64755 Main Road Southold NY 11971 July 2, 2009 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Dear Ms. Moore: I, Richard G. Ehrlich, individually and as president of Main Road, Inc., of 64755 Main Road, Southold, New York, hereby authorize you to make any and all applications and appear on my behalf to the Southold Town Board, Southold Town Zoning Board of Appeals, Sotuhold Town Board of Trustees, New York State DEC and any other necessary agencies on my behalf regarding property located at Main Road, Southold, New York (formerly known as Hollisters Restaurant), sctm: 1000-56-4-22. Ve~ly yours, ~ ^ROAD, INCj/~ PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 July 2, 2009 Attn: Gerard Goehringer, Chairman Zoning Board of Appeals Main Road Southold NY 11971 RE: SPECIAL EXCEPTION APPLICATION Richard G. Ehrlich/Main Road Corp. PREMISES: 64755 Main Road, Greenport SCTM: 1000-56-4-22 Dear Mr. Goehringer: With reference to the above, enclosed please find 7 sets of the following: 1. Application with authorization. (With one copy of the LWRP since it is not waterfront property) 2 Environmental Assessment form 3. ZBA Questionnaire 4. Existing Survey 5. Transactional Disclosure Form 6. Project Description 7 Town property card 8. 1986 Planning Board Resolution 9. Building diagrams 10. Planning Board approved site Plan from 1986 11.C.O. 12 My client's check payable to the Town of Southold for the filing fee The applicant is the owner of the Sea Food Barge which lease is due to expire. The owner wishes to reopen his business at this site without any interruption of business and loss of jobs to his employees, therefore, immediate and expedited review of the application and a special exception approval is requested. Please place this on your earliest available calendar. Thank you and if you should have any questions, please give me a call. PCM/bp V~e[y..t _r~/~ou rs, Di~'r. SUB. JUl fl ! :Acre ~ Per L 6//4 F RON' DEPTH BULKHE&D DOCK ~'.~ Foundotion ~l'dtal ,, · Kec. eeat~on ......... ::" Roo~'lst Floor ' ~ · R~ms 2nd ELIZABETH A. NEVII J.E, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: July 13, 2009 RE: Zoning Appeal No 6322 Transmitted herewith is Zoning Appeals No. 6322 Of Richard G. Ehrlich (Main Road Corp.) the Application to the Southold Town Zoning Board of Appeals for Special Exception, Also enclosed is the Questionnaire, Applicant's Project Description, Short Environmental Assessment Form, LWRP Consistency Assessment Form, Transactional Disclosure Form, Certificate of Occupancy Dated July 2, 1986, Building Permit Dated May 7, 1985, Authorization Letter from Richard Ehrlich to Patricia Moore to represent him in this matter Dated July 2, 2009, Letter from Patricia Moore to ZBA regarding Special Exception Application Dated July 2, 2009, Copy of Property Record Card (2 Pages), Copy of Tax Map, Copy of Survey Dated November 19, 1985 and revised February 4, 1986, Letter from Town Planning Board to Mr. And Mrs. Tuminello Dated Junel 1, 1986, 4 Pages of sketches, Site Plan 1 page. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 07/13/09 * * * RECEIPT * * * Receipt#: 54608 Transaction(s): 1 1 Application Fees Reference Subtotal 6322 $400.00 Check#: 1024 Total Paid: $400.00 Name: Ehrlich, Richard 320 Beachwood Lane Southold, NY 11971 Clerk ID: CAROLH Internal ID: 6322 RE: Richard Ehrlich #6322 Request for a special Exemption for Restaurant use 9/24/2009 To Whom It May Concern: My name is Joseph Mitrani, I own and reside at 64725 main road Southold, which is adjacent to the east side of the above mentioned property. In general ! do not have an objection to the request for special exemption for restaurant use as long as it is in keeping with, and is similar to Mr. Ehrlich's existing restaurant, "The Seafood Barge". Any major deviation would be a concern for me and my family. Unfortunately, we will be away when the hearing on this request is scheduled to take place, I would therefore like to state for the record the three concerns we have regarding this property based on past experience. 1. We would like the zoning board to insure that there will be sufficient parking spaces for the business, enough to avoid overflow parking with the inevitable noise and garbage that goes along with it. 2. We would like the zoning board to ensure that the septic system is adequate for the business. 3. We would like anybody's assurance that the garbage from the restaurant is dealt with as securely as possible to avoid the explosion in the rat population that we have experienced in the past when other restaurants occupied this building. I feel that the above concems are minor and trust that they will be dealt with, we are somewhat familiar with Mr. Ehrlich and "The Seafood Barge". We appreciate Mr. Ehrlich's obvious professionalism and the fact that his existing business has been an asset to our community for many years. We look forward to the board granting this request and having Mr. Ehrlich as our new neighbor instead of the eyesore that exists there now. Thank you very much, Joseph Mitrani 64725 Main Road Southold, NY 11971 Established 1897 Edwin shel Tuccio LICENSED REAL ESTATE BROKER NYS Licensed Appraiser #33483 193 Griffing Avenue Riverhead, New York 11901 (631) 727-6644 Fax (631) 369-2727 www. TuccioRealEstate.com September 16, 2009 Town of Southold Board of Appeals 53095 Main Road, Box 1179 Southold, NY 11971 Re: Richard Ehrlich//6322 To whom it may concern, SEP '1 7 I am in receipt of you letter in regard to the above. As an adjacent property owner, I have no objections to the special exception for a restaurant, but I would like to see proper screening along the adjacent property lines. Edwin Tucm-~O ~ CC: Patricia Moore Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD MEMO TO: FROM: Tel. (631) 765-1809 Planning Board Gerard P. Goehringer, ZBA Chairman Fax (631) 765-9064 DATE: July 6, 2009 ~__.. SUBJECT: Request for Comments ZBA # 6322-Ehdich, Robert G. ( Main Road Grodp) ,./" As confirmed with your office, the ZBA is reviewing the following application. Enclosed are copies of the Building Departments Notice of Disapproval, ZBA application, and current map on file. The Planning Board may be involved under the site plan review steps under Chapter 280 (Zoning), and your review and comments are requested at this time. NAME TAX # ZBA # Code Request Date of PREPARER ZONE DIST Section Stamped OF PLANS Ehdich, Robert G 56.-4-22 Mil 6322 280-55B(1) Special exception 3/13/1985 Penny Lumber & (Main Road permit to re-open 3/12/1985 Van Tuyl Group) restaurant Your comments are requested within 30 days of this letter. If desired, the file is available for review of additional documentation. Thankyou. Encls. ..~_ t)~"~'~ Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 July 6, 2009 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6322 Owner/Applicant: Ehrlich, Richard G (Main Road Corp.) Action Requested: Within 500 feet of: Special exception permit needed to re-open restaurant in Mil zone. (X) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gera)~?. Goehrin. ce_~/, By: [_j~~ ~ Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown,northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailin~ Addre~s: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 TO: FACSIMILE TRANSMITTAL SHEET /,400 e TOTAL NO. OF PAGES iNCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT []AS REQUESTED [] NOTES/COMMENTS: Please find attached copy/copies of the following: u,r. x%/ ThaDk you. Sender's hfitials: ~ ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.norflffork.net September 1, 2009 Re: Town Code chapter 55- Public Notices for Thursday, October 1, 2009 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published inthe next issue of the Times Review newspaper. 1) Before September 14th Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction~Farea or other request, by CERTIFIED. MAIL, RETURN RECEIPT REQUESTED, to alJ owners of property (tax map with propertY numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the ToWn Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If .~ you know of another address for a neighbor, you may want to send the notice to that addrc~ss as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arran,qements were made in either a written statement, or durinfl the hearinq, providinq the returned I.e. tter to us as soon as possible; AND not later tha~I September 16th: Please either mad or deliver to our office your Affidavit of Mailin.q (form enc ~sed) with parcel numbers, names and addresses noted, and furnish to our office with th~ green/white receipts postmarked by the Post Office. When the green signature cards ar~i returned to you later by the Post Office, p ease mail or deliver them to us before the scheduYed hearing. If any signature card is not returned, please advise the Board during the hearing ~nd provide the card (when available). These will be kgpt in the permanertt record as proof of all Notices. 2) Not Later Sept6mber 22rd: Please make arrangements to place the enclosed Poster on a signboard such asL'cardboard plywood or other material, posting it at your property for seven (7) days (or more)~ until the hearing is held. Securely place the sign on your property facing the street, no more~;~than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver or mail your~Affidavit of Postin,q for receipt by our office before September 29, 2009. If you are not able ~ meet the deadlines stated in this letter, please contact us promptly. Thank you for your coopei~tion. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, OCTOBER 1, 2009 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 260 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971.0959, on THURSDAY, OCTOBER 1, 2009: 11:15 A.M. RICHARD EHRLICH #6322. Request for a Special Exception for Restaurant Use in an existing building under Town Code Section 280-55-B(1). Location of Property: 64755 Main Road, Greenport; CTM 1000-56-4-22. Zone District: Marine M-II. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. The above hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1609, or by email: Linda. Kowalski@Town.Southold.ny.us. Dated: September 10, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Kamn Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, In the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 17t~ day of Seotember. 2009. ? ~ Sworn to before me this Principal Clerk day of . 2009. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: Ehrlich, R (Main Rd Corp) # 6322 MAP #: 56.-4-22 VARIANCE: SPECIAL EXCEPTION- Mil ZON REQUEST: RESTAURANT (RE-OPEN) DATE: THURS, OCT 1, 2009 11:15 AM If you ar.e interested in this pro!ect, you may review the file(s) prior to the heanng dunng normal bus~ness days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765~,330 Fax:: (516) 765-4643 September 14, 2009 Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: EHRLICH #6322 SCTM: 1000-56-4-22 HEARING DATE: THURSDAY, OCTOBER 2009 Dear Chairman: With reference to the above, enclosed please find affidavit of mailing, copy of letter to neighbor and postal receipts. Thank you. Very truly yours, Patricia C. Moore By Betsy Perkins LA · bp encls. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of RICHARD EHRLICH (Name of Applicant) SCTM Parcel #1000-56-4-22 COUNTY OF SUFFOLK) STATE OF NEW YORK) RECEzvED S£p 1 ? 2O09 80ARD OF AppEA AFFIDAVIT LS OF MAILINGS I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the day of September, 2009, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office ., for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (~'ignature) -/) / ,BETSY PERK~,_~ ~ Sworn to before me this/~ day of September, 2009. (' (N6~ary Public) MARGARET C. RUTKOWSKI Notary public, State of New York No. 4982528 uallfied in Suffolk County,~ ,~ ~ / Q 3 ~" '"~ ri Commission Expires June , .__..--. PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. EHRLICH NEIGHBOR LIST SCTM: 1000-56-4-22 RECE~VED Robert L. Mitrani Joseph r. Mitrani 64275 Rte 25 Southold NY 11971 sctm: 1000-56-4-23 Edwin F. Tuccio Stephen Patterson 193 Griffing Ave. Riverhead NY 11901 sctm: 1000-56-4-24 Richard Saetta PO Box 2047 Greenport NY 11944 sctm: 1000-56-4-21 Principi Properties LLC 8595 Cox Lane Cutchogue NY 11935 sctm: 1000-56-7-4.1 Principi Properties LLC 8595 Cox Lane Cutchogue NY 11935 sctm: 1000-56-7-5 RECEIPT 7192 6463 31 ~0 0oo0 4957 FROM: P^TRICIA C MOORE ESQ RE: EHRLICH ZBA HEARING SEND TO: Re,ed L Mi[rani RECEIPT 71926463311000004964 FROM: PATRICiA C MOORE E$O SEND TO: FEES: TOTAL $ 5.54 Restricted TOTAL $ 5.54 POSTMARK OR DATE pOSTMARK OR DATE S£p 1 7 2005 ~OARD OF AppEALs RECEIPT 7192 6463 3110 o9oo 4971 FROM: PATRICIA C MOORE ESQ RE: EHRLICH ZBA HEARING SEND TO: FEES: Postage g 44 TOTAL $ 5.54 POSTMARK OR DATE RECEIPT 7192 6a~3 3110 0000 4995 FROM: PATRIC IA;C MOORE ~=~(;1. RE: E~ICH Z~A HEAF~G FEES: Postage 044 TOTAL $ 5.54 POSTMARK OR DATE RECEIPT 7192 64~3 3110 (3000 4988 FROM: PATRICIA C MOOREESQ SEND TO: FEES: Postage 0 44 TOTAL $ 5.54 POSTMARK OR DATE PATRICIA C. MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 PATRICIA C- MOORE ESQ. 51020 MAIN ROAD SOU?HOLD NY 11971 ZIp ,~ 4 Code 4, Restricted Delivery? · Ser~io~-'~Y~-e ~- ~r 2, Article Number J J 7192 6463 3~U QQQn 4957 J 7192 6463 3110 0000 4957 1. Article Addressed To: ROBERT L- MI?RANI JOSEPH R. MITRANI 64275 RTE 25 SOUTHOLD NY 11971 4. Restricted Delivery? Ja. Sew~e Type (Extra Fee) [] Yes~ CERTIFIED 2. Article Number 7192 6463 3110 0000 4971 7192 6463 3110 0000 4971 1. Article Addressed To: RICHARD SAETTA PO BOX 2047 GREENPORT NY 11944 PATRICIA C. MOORE ESQ- 51020 MAIN ROAD SOU?HOLD NY 11971 7192 6463 3110 0000 4988 Article Addressed TO: PRINCIPI PROPERTIES LLC 6595 COX LANE CUTCHOGUE NY 11935 PATRICIA C- MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 (Extra Fee) [] Yes ' cERTIFIED ' 4. Restricted Delivery? 3. Service Type 2. Article Number 7192 6463 3110 0000 4964 7192 6463 3110 0000 4964 1. Article Addressed To: EDWIN F- TUCCIO STEPHEN PATTERSON 193 GRIFFING AVE. RIVERH£AD NY 11901 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of RICHARD EHRLICH AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-56-4-22 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore, residing at 370 Terry Lane, Southold, New York 11971 being duly sworn, depose and say that: On th~;~E;~ray of September 2009, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, October 1, 2009. Potr,~ Moore . Sworn to before me this ~.2 ti day of September, 2009 ary Pu *near the entrance or driveway entrance of the property, as the area most visible to passersby. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork, net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 November 2, 2009 Regular Mail and Fax Transmission 765-4643 patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: ZBA # 6322 - Application by Richard Ehrlich Dear M~s..~'re: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at the October 22, 2009 Meeting. Please be sure to follow-up with the Building Department for the next step in the zoning review and building permit application process. Before commencing constructioni activities, other agency approval(s) would be necessary, at which time you rday want to furnish a copy of the enclosed to supplement other documentat!~n requested of the Building Department. Than~. you. Encl. Copy of DeciSion to: Building Department Plann!ng Board Very truly yours,