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HomeMy WebLinkAbout6447~o Lo~'c0 ~¢, 730 Love Lane Matt~tuek, NY 140 Diane & Frank Ammirati 18 9/23/8~ ~g~340~ permission .... ~ - ~ resl~ence,~ 140-2-18 C~ ~x~(~ ~ ---- BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 RECEIYED APR 2 5 2011 $outhold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 20, 2011 ZBA FILE No.: 6447 NAME OF APPLICANT: Mary Ann Price PROPERTY LOCATION: 730 Love Lane, Mattituck, NY CTM: 1000-140-2-18 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. 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 Jan. 11, 2011 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: Subject property consists of a 34,578 sq. ft. parcel in the HB Zone. The irregular northerly lot line measures 185 feet along an adjacent parcel located in the Residential Office Zone, the easterly lot line measures 211.23 feet along another adjacent parcel in the Hamlet Business Zone, the southerly lot line measures 187.64 feet along a parcel in the Hamlet Business Zone, and the westerly lot line measures 183.67 feet along Love Lane, with properties across the street located in the Residential Office Zone. The parcel is improved with a two story framed dwelling containing two apartments and a take-out food establishment named the Iron Skillet, as shown on the site survey prepared by Peconic Surveyors, PC, and dated May 11, 2000. BASIS OF APPLICATION: Request for a Special Exception per Code Section 280-45B(8) for the additional use of the property for seasonal, weekend/holiday, open-air antique flea market sales. RELIEF REQUESTED: The Applicant requests a Special Exception for seasonal weekend open- air "antique flea market" sales to be conducted by vendors during the months of April through December. The original application described the flea market "to consist of multiple vendors with a maximum of 28 individual spots to set up on the entire lawn area". Days of operation were originally proposed to be "weekends and holidays from dawn to dusk". On Feb. 14, 2011 the Page 2 - April 20, 2011 ZBA File#64a. 7 - Price CTM: 1000-140-2-18 Applicant submitted a revised site plan that proposed 18 vendors, admitted by reservations only, with "sales on Sundays and Holidays from 8:00am until 6:00pm, with setup starting at 7:30am". ADDITIONAL INFORMATION: The Applicant's parcel was granted a prior Special Exception variance in the Decision made under Appeal #3407, dated Dec. 5, 1985, for the second use of conducting a take-out food catering business. The Applicant's parcel was also granted another Special Exception variance in the Decision made under Appeal #4980, dated Aug. 28, 2001, for the third use of seasonal, open-air, antique sales by an unspecified number of vendors, and which would happen no more than one day per week. This variance was "time-limited", and did expire on Sept. 30, 2002, without a request by the Applicant for this Special Exception to be extended or renewed. The Board of Zoning Appeals requested comments from the Southold Town Planning Board and the Southold Town Code Enforcement Officer. The Planning Board responded on February 1,2011 noting that the proposed use is compatible within the downtown hamlet business district. However, they recommended that the proposal be reduced to fewer vendors than proposed because of the intensification of uses on the property, that the existing retail catering/restaurant be closed to the public during the hours of operation of the proposed flea market, restrictions on the days and times of operation, and appropriate conditions on the use, if granted. The hearing on this application was closed on March 3,2011 with the record being kept open to receive additional written comments from The Planning Board and Code Enforcement Officer and all concerned parties. On_April 1, 2011 the Planning Board wrote a memo to the ZBA stating that according to Town Code section 280-45B(8) the applicant must apply for site plan review and approval. The Code Enfomement Official responded to the ZBA's request in a memo dated Mamh l 0, 2011, in which he noted that the Iron Skillet is legally operating on the site and that the owner's need to obtain proper approvals to operate the flea market that is allowed in the HB Zone by Special Exception of the Board of Appeals. The record was closed on April 7, 2011. During the Public Hearings there were several people who reside on the North end of Love Lane near the proposed flea market who spoke against the application, based upon the negative impacts the operation of the flea market over the past years has had on their peace and quiet and right to privacy on their property. Several flea market vendors and local Love Lane businesses spoke in favor of the application, noting it's positive impacts on business. The Board also received several petitions that were submitted in favor of the application, and numerous letters in both support and objection. F1N~INGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 3,2011, and on March 3,2011, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: The Board has reviewed the General Standards governing Special Exception uses set forth in Section 280-142 and finds: A. That the third use of this property for seasonal, weekend, open-air antique flea market sales, with the conditions attached and further described below, will not prevent the orderly Page 3 - April 20, 2011 ZBA File#6447 - Price and reasonable use of adjacent properties or of properties in adjacent use districts, including the customary residential use permitted within the adjacent Residential Office Zone, and the customary uses permitted within all the other types of adjacent Zones. In delineating that the days of operation of the flea market be on one Saturday per month, rather than on Sundays, as requested by the Applicant, this Board expresses an intent to preserve the relative tranquility typical of a residential neighborhood during Sundays, such that does exist within the nearby Residential Office Zone, where there is a lower level of business activity conducted on Sundays than that which typically occurs during the rest of the week. B. That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the requested use is located or of permitted or legally established uses in adjacent use districts. C. That the safety, the health, the welfare, the comfort, the convenience or the order of the town will not be adversely affected by the proposed use and its location. By limiting the days and hours of operation to one Saturday per month from 7am to 4pm, and specifically, for the duration of One Year, as noted in the attached conditions, the Board provides a measure of protection, and a method of potential recourse through feedback to the Board, for those persons residing within the neighborhood who may be directly impacted by this new use. D. That the use will be in harmony with and promote the general purposes and intent of this chapter. While considering that this will be an additional use for this property, the Board recognizes that the use is permitted within the Hamlet Business Zone. E. That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance. The utilization of the parcel for the purpose requested by the Applicant is permitted by Town Code within the Hamlet Business Zone; pursuant to the grant of a Special Exception, and the Town Planning Board's site plan approval. The immediate neighborhood is comprised of a composite of various sized parcels in several Zones, including the Hamlet Business, Light Industrial, Limited Business, and the Residential Office Zones. There are many different permitted uses within these Zones. F. That all proposed structures, equipment and material shall be readily accessible for fire and police protection. With reference to proposed site plan drawings provided by the Applicant, the existing access as shown shall not be obstructed by the vendors, or their customers' vehicles. No structures will be constructed for the proposed open-air sales. BOARD RESOLUTION: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Horning, seconded by Member Goehringer, and duly carried to GRANT, a Special Exception permit for the limited operation of a flea market, Subject to the following conditions: Page 4 - April 20, 2011 ZBA File#6447 - Price CTM: 1000-140-2-18 1. The maximum number of vendors on site shall not exceed 10 during any sales days. 2. All vendors will be admitted on site by reservation only, and the Applicant shall maintain reservation records that provide details listing the number of vendors present each day. 3. Items sold by vendors shall consist of antiques, crafts, and collectables and shall not include typical yard sales items 4. The days of sales shall be limited to one Saturday per month only from May through October 31st. 5. Vendors shall setup al~er 7am, sales shall begin after 8am; sales shall close at 3pm, and all vendors will be packed to leave the site by 4pm. 6. Vendors will park only in designated parking in the rear of the property. No customer parking shall be permitted on site 7. Notices of on-site public restroom facilities will be posted on the property. 8. The take-out/catering food facilities shall be closed to the public during flea market sales hours. 9. Off-premises advertising signs are not permitted for this use. 10. No vendor box trucks are permitted for this use. 11. The Applicant will provide trash barrels for the vendors and their customers, and all ground litter will be removed by the end of each sales day. 12. Signs will be posted on the property stating that customers may not block the neighbor's driveways with their parked cars. 13. An evergreen hedgerow shall be planted and maintained along the northerly lot line of subject property to provide a buffer for the single-family dwelling located on the adjacent parcel which is located within the adjacent Residential Office Zone. 14. This variance shall be limited to the duration of one [1] year from the date of signing, and shall be subject to review and possible renewal by this Board, upon receipt of the applicant's request. 15. This Special Exception permit is granted subject to site plan approval by the Southold Town Planning Board 16. Violation in connection with the conditions listed herein will result in a Public Hearing before the Zoning Board of Appeals to consider the revocation of this Special Exception permit. Vote of the Board: Ayes: Members Horning, Goehringer, Schneider. Nays: Members Weisman(Chairperson), Dinizio. This Resolution was duly adopted 0-2). '~l~eslie Kanes Weisman, Chairperson ' Approved for filing /.~/~_J /2011 P.O. Box 241 730 Love Lane Mattituck, N.Y. 11952 March 10, 2012 Southold Zoning Board of Appeals Town Hall Annex Building 54375 Route 25 P.O. Box 1179 Southold, N.Y. 11971 BOARD OF AppEALS TO: SOUTHOLD TOWN ZON1NG BOARD FROM: MARY ANN Price Enterprises RE: LOVE LANE ANTIQUE FLEA MARKET - 730 LOVE LANE MATTITUCK I would like to request permission to continue the monthly Saturday flea market at 730 Love Lane from May through October for 2012. Thank you. Mary~J~Ann Price BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider March 19, 2012 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mary Ann Price 730 Love Lane PO Box 241 Mattituck, NY 11952 Dear Ms. Price, On March 13, 2012 our office received your letter requesting permission to continue your monthly flea market at your Love Lane property from May through October of 2012, as required by condition number 14 in the ZBA's Determination under file no. 6447 signed by me on April 21,2011. I placed your request on the agenda for the Special Meeting of the Board of Appeals on March 15, 2012. At that time the Board voted to grant your request, subject to the continuation of all of the conditions listed in the original Determination cited herein, including condition number 14. If you have any questions or we may be of further assistance please contact our office. Sincerelc/, Leslie Kanes Weisman Chairperson/Department Head cc: Heather Lanza, Planning Department Damon Rallis, Code Enforcement Michael Verity, Building Department WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY TO: PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM Leslie Kanes Weisman, Zoning Board of Appeals Chair Telephone: 631 765-1938 Fax: 631 765-3136 FROM: Martin Sidor, Planning Board Chair,q~ S ~\ DATE: April 1, 2011 RE: ZBA Application//6447: Mary Ann Price Flea Market - SCTM//1000-140-2-18 In response to your March 16, 2011 Request for Comments regarding the above subject, the Planning Board has reviewed ToWn Code Section 280 - 45 B (8): Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B (10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board: ...(8) Flea markets... Upon review of this Code section, the Planning Board has determined that an applicant for a flea market use must apply for site plan review and approval. In this ease, the applicant has an approved site plan for a different use, and therefore must apply to the Planning Board for an amended site plan. The Planning Board has reviewed the revised plan for the proposed flea market reducing the number of vendors from 28 vendors to 18. Our ability to provide complete comments is limited by (1) the fact that a site plan application has not yet been made to this Department, and (2) the lack ora drawing depicting all the proposed activity on the plan with accurate dimensions. The applicant should be encouraged to make a site plan application (amended site plan) at their earliest convenience. Upon review of this new plan for a flea market with 18 vendors, the Planning Board has the following preliminary comments: Zoning Board of Appeals, Price Flea Market April 1,2011 Page Two The parking shown for patrons appears to be inadequate, as only nine are proposed. A parking space appears to be shown too close to a fire hydrant. Parking issues might be mitigated by assessing whether there is ample parking in the nearby municipal parking lot. Knowing which nearby businesses rely on the municipal parking, how much parkingthey need, and also whether they are open on Sundays and holidays are all necessary factors which enable us to determine whether there is enough parking for this flea market. Alternatively, the applicant could be asked to identify some other additional parking that might be available for them to lease during the flea market days. 2. Identify which holidays the flea market will be operating, and which other businesses needing the municipal parking are also open on those holidays. 3. Are there adequate sanitary facilities on site? If Suffolk County Health Department has jurisdiction here, is their approval required? 4. Without accurate dimensions on the plan, it is difficult to determine whether this plan meets emergency access requirements. The southernmost driveway is not shown on the 1986 Planning Board approved site plan. Curb cuts on Town roads need to be approved by the Highway Department, and additional driveways into an already approved site plan require Planning Board review and approval. Although we have identified the above as issues that should be considered, it should be noted that the concept of bringing more and varied commercial uses that contribute to pedestrian traffic to the downtown area is supported by the Town's Comprehensive Plan. In particular, the Mattituck Hamlet Stakeholder Study calls for the Town to encourage uses that contribute to a vibrant downtown area. It seems that this proposed flea market use could potentially be a positive contribution to the area if the issues identified above are mitigated or corrected. The Planning Board concurs with Mr. Rallis that the current use of the site as the Iron Skillet is in keeping with the 1986 Planning Board site plan approval. Please feel free to contact us with any further questions. 3 I375 Main Road P.O. Box 117!} Soudlold, NY 11971-0!}59 P, UII,I)ING I)EI'AI/TMENT TOWN OF $OUTHOLD Tclci)honc (631) 765-1802 Fax (631) 76,3-95( RI~CEIVI~D IBOARD OF APPEALS MEMORANDUM TO: Leslie Weisman, Southold Town Zoning Board of Appeals Rallis, Zoning Inspector, Town of Southold Building Departm~ FROM: Damon DATE: March 10, 2011 RE: SCTM#1000-140.-2-18; Price/Iron Skillet As per your request: Upon investigation of the flea market violation, this office considered the "Iron Skillet" or "restaurant" use as noted in your request. The building department has historically allowed retail, take-out and catering food establishments to have up to 16 seats for patrons to eat on site. This number is in line with the Suffolk County standards. Once an establishment moves above 16 seats, the county defines it as a restaurant. Because the Iron Skillet has only 12 seats and is not considered a restaurant by the Suflblk County Health Department, it is my determination that the establishment is operating legally within its existing certificate of occupancy, as well as its previous Planning Board approval. Furthermore, it was my determination that although the proprietors are not currently offering a "take out" component, it does not automatically change the use of the property to a "restaurant." There would be no need for a new "SPUD" because it is my belief that they are not only in compliance with their original Planning Board approval, but by taking out the "take-out" component, the use is actually far less intense than the one first approved in 1986. RECEIVED Therefore: BOARD OF APPEALS ]No violation bas been issued for the "retail food establishment" because it is not in violation of town code or its current certificate of occupancy There is no need for the "retail food establishment" to be "re- considered" by the planning department as it already has a prior approval. In fact, even if we were to consider this to be a restaurant use, the building department could approve it without a new site plan because it is a less intense use based on our towns parking requirements. The property owners were issued a violation for operating a "flea market," a permitted use by special exception, without proper approvals. I have not issued a violation, nor will I acknowledge a previous ZBA variance because a flea market is allowed, as of right, as long as the applicant has the proper approvals. Therefore: The property has been issued a single use violation not in connection with any previous variances. ~ ~ '. / Chair / JAMES H.'RICH III ~ / DONALD J. MLCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals From: Martin H. Sidor, Chair Members of the Planning Board MAILING ADDRESS: P.O. Box 1179 Southold, NYl1971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 jr RECEIVED FEB 2 2011 BOARD OF APPEALS Date February 1,2011 Re: Request for Comments for Maryann Price - Flea Market SCTM#1000-140-2-18 ZBA# 6447 The Planning Board received your request for comments regarding the above- mentioned application for special exception consideration for a flea market. As you are aware, currently there is a 2 story mixed-use building certified for retail use and apartments by a special exception (ZBA# 3407) that allowed for a country store (selling take out prepared foods & catering only) and two dwelling units. The proposed special exception use is to have 28 individual vendors on a previously developed 34,578 sq. foot parcel, located on Love Lane in the Hamlet Business Zoning District. The above-mentioned has been reviewed for site development and the following comments are for the Zoning Board to consider. Number Of Uses & Parking Conceptually, the proposed use is a good use for the downtown hamlet of Mattituck however, based on the existing and proposed uses of the site, a concern of the Planning Board would be the flea market use is proposed to operate on weekends and holidays. Therefore, the potential impact to traffic and available on-site parking could be an issue. Based on the survey submitted by the applicant and a site inspection it would appear there are approximately 14 parking spaces for on-site parking along the rear property line however 2 parking spaces are for tenants of the building and additional spaces should be designated for the retail use as well leaving less on-site parking for the flea market use. ZBA #6447- Comments for Maryann Price P.2 As per the Parking schedule in the Town Code, there is not a parking calculation to apply to a proposed Flea-Market use but it should be noted that there is municipal parking at the train station and in close proximity to subject parcel. Summary With Recommendations: The most significant issues are the following: 1. Although the proposed mix-use development conceptually is in keeping with the intent of the Hamlet Business Zoning District and the Comprehensive Plan, the multi-use of the substandard parcel may need to be scaled back. It would be recommended that conditions be placed to limit the amount of venders and/or limit the retail use to days/hours of operation of when the flea market is in use. 2. On site parking seems to be a concern. The Zoning Board should consider limiting the number of venders to the number of parking spaces for each vendor due to the length of time a vendor would occupy any off site parking space. It should be noted that based on the survey submitted and provided the retail use was not in operation, 12 vendors could be accommodated on site for parking. Another alternative is that the applicant could essentially alternate weekends for their potential 28 vendors proposed. 3. Although there is municipal parking in close proximity, the flea market use may add to seasonal parking & traffic congestion. It is recommended that the Zoning Board consider limiting the retail use to hours/days of when the flea market is in use. It would be further recommend that should traffic/parking become an issue, the Zoning Board require a traffic control/parking plan or reserve the right to revoke the special exception. Based upon the above, the Planning Board would recommend that the special exception be granted, provided there are appropriate conditions placed on the use. 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. Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman, Chair COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE January 11,2011 RECEIVED JAN i 4 Z011 BOARD OF APPEALS THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 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-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicants Goggins, William C. and Donna M. Estate of Irene Rutkowski Price, Mary Ann Martocchia, Jerome and Sandm Municipal File Numbers #6444 #6445 #6447 #6449 TRK:ds Very truly yours, 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 POLICE DEPARTMENT TOWN OF SOUTHOLD Telephone Emergency Dial 911 CARLISLE E. COCHRAN, JR. Chief of Police MEMORANDUM TO: FROM: DATE: RE: Carol Hydell, Account Clerk Diane Lessard, Clerk Typist February 7, 2011 FOIL Request - dated February 4, 2011 Robert Hartz With reference to the above captioned FOIL request, we have reviewed our records over the past nine (9) years for motor vehicle accidents which have occurred on Love Lane, on Sundays, between April 1 and October 31. I am forwarding the one (1) accident report we have located. 41405 Route 25 * P.O. Box 911 * Pcconic, N.Y. 11958 Administrative (631) 765-2600/2601 * Fax (631) 765-2715  '~l~a ge of Pages New York State Department of Motor Vehicles I ~,c~ J/~L.~. / P~lIcE AccIDENT REPORTMv-lo4A (7/o~) e ~~ ~1 (~o ~ . ,. ~ '.' ~MvcoP~ VEHICLE 1 ~ VEHICLE2 ~ BICYCLIST ~ PEDESTRIAN ~ OTHER PEDESTRIAN * ~ Zip ~e Ci~ or TO~ St,t, Zip Code 22 B ~re than g5 inches wide; Q more than 95 I~hes ~de; C Boxl.Pointoflmpac` 1 ' ~ Boxl-Pointoflm~ct 11 ~ ~ L B°x2'M°stDamageI ~ ~ ,r b Box 2 ' Most DamageI 2. 14. UNDERCARRIAGE 17. DEMOLISHED ~ ~ ~ ~ g. 15. TRAILER 18. NODAMAGE~; ~8 I 18. OVER~RNED 19. OTHER ~ ~ ~, I ~ ~st of repaim ~ any one vehicle will be more ~ $1000. ~ , ~ ~Unknown~nableto Dete~ine ~Yes ~No ' Reference Ma~er Coordinates (ifa~ilaD/e) Place Where Acci~ Occurred: ; i ~ Latitude/No~ing: Coun~ ~ BCity ~Village ~Town of ~ · N Reviewed Troop/Zone RECF. ZVED DEC 2 3 2010 BOARD OF APPEALS SOUTHOLD TOWN BOARD OF APPEALS Phone (631) 765-1809 Fax (631) 765-9064 APPLICATION FOR SPECIAL EXCEPTION Application No. Date Files: 1 (,1/~) hereby apply to the ZONING BOARD OF APPEALS, Southold, New York for a SPECIAL ^. EXCEPTION in,~ccordance with the ZONING ORDINANCE, ARTICLE,S>{') , SECTION.~I::~i~Nl SUBSECTION ~ wv Owner~)(asapp~c_ant): _~t-/~"f ~/x//X/ ~O~l~.~ · Mailing Address: ~o. O, 15 OX ~--~1 :~'~0 t..-0~J~L~ Iq~ ~r?T-Ct'rtJOct Telephone: ~ 3 ! ---.~ ~ - I.~- ~ ~'~ - NOTE: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Authorized Representative: ~/~ Address: \~,~ ~ Telephone: i~' tt~ For the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): (attach separate sheets ifneeded) ¢~1. [qq0. lf~~'~- <O'~{~f-'~OlJ Statement of Ownership and Interest: and referred to as t-'] ~ 0 LDI]I~ IH;use No., Street, Hamlet) is ff~lae) the owner(s) of property known identified on the Suffolk County Tax Maps as District 1000, Section I t?t ~, Block t~ ~ Lot(,~) ~,/~ , which is not (is) on a subdivision Map (Filed , "Ma'p of "Filed Map No. , and has been approved by the Southold Town Panning Board on as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on /YI/or ~ ] ~ ! ,)--/fl ~. t~ B. 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 proper~ or persons in the neighborhood for the following masons: C. The property which is the subject of this application is zoned ~'~ ~ and ~<~I~is consistent with the use(s) described in the Certificate of Occupancy(copy attached). [ ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): [ ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORK) S~be fore me this 4 ~f day of'~) ~g (Notary Public) ZBA2 (rev. 2/06) (Signature) ,20/ 9 PATRICIA RICHERT Notary Public, State of New York No. 30-4741154 Qualified in Nassau / ~u..ffoJftCoufftie~ Commission Expires /~/,.~ RECE/VED DEC ~ ~l 2010 FLEA MARKET - ?30 LOVE, LANE BOARD OF APPEALS I am requesting a special exception for the following additional use of my Hamlet Business property at 730 Love Lane, Mattituck, N.Y. Antiques flea market to consist of multiple vendors with a maximum of 28 individual spots to set up on the entire front lawn area extending to the asphalt parking lot. Approximately 11,200 sq. ft. of lawn space is available. 150 sq. ft per vendor = 4,200 sq ft with 7,000 sq ft of pedestrian traffic space not including driveways. Note that many vendors occupy 80 sq ft or less. Charge currently for space rental will be $25-$30 per vendor. Days of operation would be Weekends and holidays from dawn to dusk with all merchandise being set up and removed on the day of the sale. Items to be sold would be antiques including antique furniture, lighting fixtures, old farm items, military, vintage linens and clothing, estate jewelry, bric-a-brac, collectibles, hand made items, north fork related items, memorabilia, nostalgic items, tools. Shoppers have been reluctant to follow instructions to park in the rear lot. In addition, traffic in and out of the driveway could pose a potential risk to pedestrians. The rear lot therefore is better suited to vendor parking as those vehicles will not be moved through the course of the day. Space for up to 13-14 vendor vehicles would be available for in the main parking lot as well as rear driveway with additional parking at the west end of the train station. The Sunday flea market in the past has proved to be a successful vehicle for bringing customers to the Love Lane business district and an outlet for both local residents and visitors alike. Thank you for your consideration. Respectfully, Mary Ann Price Property owner 730 Love Lane 187.64' S 45'05'00' W, N/O/F W~L~M ~ LONG ISLAND RAIL ROAD CERTIFIED TO" MARY ANN PRICE COMMONWEAL TN LAND TITLE INSURANCE coMPANY GREEN POINT MORTGAGE FUNDING, INC. SURVEY OF PROPERTY A T MA TTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NY. 1000- 140- 02- 18 SCALE: 1" = 40' SEPT. 25, 1985 MAY I, 2000 DEC 2 3 2010 ~OARD OF APPEALS AREA = 34,578 sq. ft. ANY AL TERA TION OR ADDITION TO THI~ b'URVEY I~ ~.~ OF ~C~ ~0~ OF T~ ~W YORK ~TA~ EXiT AS P~ SEC~ ?tO~ ' ~~_~EA~I~ N. Y.S. LIC NO. 49618 ~R_ qz~R TO: SOUTHOLD ZONING BOARD FROM: MARY ANN PRICE 730 LOVE LANE MATTITUCK, N.Y. DATE: FEBRUARY 14, 2011 The attached revised site plan includes the following: 18 vendor spaces 10 x 15 ft with 5-10 ft wide walkways for shoppers. Parking spots for 18 vendors on the property Parking spots for 2 owner vehicles and 2 extra visitor spots. One tenant parking spot (studio apt). Garbage receptacle. Sale would be Sundays and Holidays from 8:00 am until 6:00 with set up starting at 7:30 a.m. Once the vendors are set up and parked in the rear driveway, the front entrance of the driveway will be closed off which will provide additional parking spots on the street. Also both entrances to the main driveway would be closed off to vehicle use for additional customer safety and street parking. The gravel driveway would be for access to the rear parking lot by vendors, owner and tenant. Vendors will be directed where to park. Reservations for spots will have to be made in advance at which time vendors will be advised of the terms and conditions of the sale. Box trucks will be prohibited. A 3' high picket fence or hedges can be placed along the front of the property as well as taller shrubs along the north property line to obscure the view from residential neighbors. I hope that with this reduction in vendor spaces, provision of vendor parking, elimination of Saturday sale, supervision and monitoring of vendors and addressing privacy and safety issues that the zoning board will respond favorably to my request for the Sunday flea market special exception. -I i ~ ~ $0.00~ 45'05'00' 187.64' N/O/F ~V&I. IAM F. GASSER / LONG ISLAND RAIL ROAD CERTIFIED TO' MARY ANN PRICE COMMONWEAL TH LAND TITLE INSURANCE COMPANY GREEN POINT MORTGAGE FUNDING~ INC. SURVEY OF PROPERTY A T MA TTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NY. 1000- 140- 02- 18 SCALE, 1" = 40' SEPT. 25, 1985 MAY I~ ;ZOO0 ie AREA = 34,578 sq. ft. ~ OF' ~c~CTIGti 7~ 9 THE YC~K STATE EDUCATIDN La . .S. LIC. NO, 49618 ~ ~ ~~ ~~ ~ ~ k ~c ~o~s, P.C ~ ~ ~' ~'~H ~~0 FAX (631) 765 - 1797 PROJECT )O NUMEER PART 1 - PROJECT INFORMATION I 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM ~'or UNLISTED A~IONS Only ( To be completed by A~ ~tlCanl or Project SponsOr) 1. APPLICANT I SPONSOR PROJECT NAME 3.PROJECT LOCATtON: BOARD OF 6. DESCRIBE PROJECT BRIEFLY: FL A ^ P,k s T ?. AMOUNT OF LAND AFFECTED: 8.~L PROPOSED ACTION COMPLY V~qTH EXI~'flNG ZONING ~Yes ~o if no, riescribe briefly: OR OTHER Rt=STRIC~ftONS? g. WHAT iS PRESENT LAND USE IH V~OINIT't' OF PROJECT? (Cho~easmer~/asspply.) E]l~l$l*rl6al E]lndustflal r~omme~l~ g~Agri~ltere r~Par~/F~q~t/ope, Space g~] Obher (desc~be) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, ~ (Feder~d, State or LOcal) F--lYes ~No If yes, I,st agency rmme and penn# I apparel: NOW OR ULTiMATELy FROM ANY O~I]'IER GOVERNMENTAL II.[~:}ES ANY, NY~6PECT OF THE ACTION HAVE A CAJ~ENTL¥ ~IAI. JO PERMIT OR ARPR~)VAL? I I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEll' OF MY KNOWLEDGE ADplicantsJgi~ature ~/Sponsor Name &2~.-~L~ /./'~.~-~- Date: If the action lea Costal Area, and you are a state agency, complete the Coastal Aesessment Form before proceeding with this assessment PPEAI.~ QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION ~.ECE~ED DEC 2 3 2010 ~OARD OF APPEAL~ A. ls the su~t premises listed on the real estate market for sale? I es I lNo Are there any proposals to change or alter land contours? [~No [~'es, please explain on attached sheet. 1 ) Are there areas that contain sand or wetland grasses? ~'q 0 2) Are these areas shown on the map submitted with this application? ~l ,]/~ 3) Is the property bulkheaded between the wetlands area and the ~,~l~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? Ix//j~ Please confirm status of your inquiry or application with the Trustees: ~ / ~ ~-- and if issued, please attach copies of permit with con'dtt' ions and approved map. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? ~/~ (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: Do you or any co-owner also own other land close to this parcel? ~ ~) If yes, please label the proximity of your lands on your map with this application. Please list present use or operations conducted at this parcel ~, ~ -~ J~ IL 5 [ 0~e and proposed use _ 5,~ 'll)LiJ5 lDO/-~00~ (examples: existing: single-family; pro,posed: same with garage or pool, or other description.) 2/05;I/07 RECEIVED DEC 2010 APPLICANT TRANSACTIONAL DISCLOSURE FORM ~OARD OF APPEALS (FOR SUBMISSION BY OWNER andOWNER'S AGENT) [,~L~ L,t~-' 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 flame, middle initial, unless you are applying in the name of someone else or other emily, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check Tax Grievance Variance Special Exception If "Other", name the activity: Change of Zone [ Approval of Plat ~._ Exemption from Plat or Official Map L 1 Other L I all that apply.) 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. VESt I NO Complete the balance of this form and date and sign below 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): I ] 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 day of_ /I Signature: '~Jt//L,,'Lq~ ff,('~-a, fi/d/~t.~ PrintName: ~ ~ ~ At [k? 'P~[C~'~ PHOTOS 730 LOVE LANE ~ECE~VED DEC ~ ~ 2010 ~OARD OF APPEAL.~ 1) View of entire front lawn of property facing east taken from west side of Love Lane. 2) View of front lawn facing north, taken from extreme south end of property. 3) View of south side of front lawn, taken from Love Lane. 4) View of north side of front lawn, taken from Love Lane. 5) View of front lawn facing south, taken from extreme north end of property. No B TH! hocat~ count subdi confo filed $922 FO~ NO. 4 TOWN OF soUTHOLD BUILDING DEP~RTMENT office of the Building Inspector Town Hall Southold, N.Y- C~I~TIFIC~T~ OF ~ Date_ FEBRU~Y 10~ 200~ cERTIFIES that the building__ ~¢~V~D DEC 2 II ZOIO ~OARD OF APPEALS of property 730 LOV~ HouSe No. ~ax Map No. 1000 section 140 Block 2 Lot 18 _ ,~ion Filed Hap No. Lot No. i iubatantiall¥ to the Application for Building per, it heretofore this office dated ~_ag~ 5~ 1986 ._pureuant to which ~iI BuildL~ Pirmit No. 14780--1 dated ~/~tIL 2&r 1986 wal I~ld, and conforml to all of the requirementl of the prow i~onI of thi law. The occupancy for which this certificatI ii The tif£c&te ii iegued to F~_w~ & DT&I~ ~I~T~ATZ o~ mfo~em&id building. $ CERTIFICATION DATED ::THIS UPDATB~ ~Oi-14487 DATID .,TI 6, 1986 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD }FHEN TO USE THIS FORM: The form must be campleted by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property Within an agricultural district OR within $. ~0 feet of a farm operaiion iocated in agricultural distric~ .411 applications requiring an agricultural data s'tatem~nt must be referred 4o the Suffolk County Department of Planning in aqcordance with Sections 239- m and 239-n of the General Municipal Law. l) NameofApplicant: P?qd ' 2) Address of Applicant: :~-~C) ' ~ V~ ~ ~ ~ ~ ~ '~ C~ 3) Nme 0f ~d Owner (if other th~ applic~t): 4) Ad. Ss of ~d Owner: 5) Description of Propos~ Project: ~ ~ ~ 6) Location of Property (road and lax map numbe0: /~ O0 ~ ]~0 ~ ~- ) ~ 7) Is' the p~cd within an agricultural district? ~ No ~Yes If yes, ~cult~l Dis~et Number / ~ 8) Is ~s p~cet actively h~? ~ No ~Yes 9} Nme ~d address of ~y owner(s) 'of. land within the a~cult~ ~stdct containing active faro operation(s) located 500 feet of the boun~w of the pro.seal project. (~fomation may be available t~ou~ the Town Assessors Office, Town Hall l~ation (765-1937) or ~om ~y public ~mputer m ~e Town Hall locations by viewing the parcel numbem on the Town of Southold Re~ Prope~y Tax System. Name and Address 4o (Please u.s.e back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at .765-1938 or the Zoning Board of Appeals at 765-1809. Signature of Applicant Date Note: 1. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed acti6h on their farm operation. Solicitation will. be made by supplying a copy of tliis statement. 2. Cornments returned to the local board will be taken into consideration as part of the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board tO the property owners identified above. The cost for mailing shall be paid by the apl/licant at the time the application is submitted for review. Failure to pay a~ such time means the application is not completeand cannot be acted upon by the board. 1-14-09 OWNER. LAND OF SOUTHOLD PROPERTY RECORD CARD SEAS. VL. VILLAGE FARM SUB. ACR. LOT TYPE OF BUILDING CO/vluV~. CB. MICS. Mkt. Value IMP. 'l U i'AL' DATE R~RKS ~o o AGE N~¥ NORMAL Acre BUILDING CONDITION BELOW VoJue Per Ac re ABOVE FARM. Vaiue Tillable FRONTAGE ON WATER W,~a.d FRO~TAG~ ON ROAD ~eadowland · House Plot Total DEPTH BULKHEAD DOCK 140.-2-]~ 3/08 ,EXtensTon F-E~nslon Foundation ~¥, ~1~' Beth F~[/~ Floors ~L~ ,~ ~ ~' tntedor Finish  ~ Heat OIL+ ~ ~ms 2nd Floor Drivew~ ~rage ,? r Basement Exl', Wal[s Fire PJoce Type Roof Recre~tfon ' Root APPEALS BOARD MEMBERS Ger,~d E Goehringer, Chairman James Din~io, Jr. Lydia A. Tortora Lora S. Collins George HornJ. ng BOARD OF APPEAJ..~ TOWN OF SOUTHOLD Sou~otd Town Hall 53095 Main Road P.O, Box 1179 Southold, New York 11971-0959 ZBA Fax (63~.) 765-9064 Telephone (631) 765-1809 FINDINGS. DELIBERATIONS AND DETERMINATION MEETING OF AUGLL~T 28, 2001 Appl. No. ~80-~ MARYANN PRIQE STREET&LOCATION: ' 730 LoveLane; Maffituck Parcel: 1000440~248 DATE OF PUBLIC HEARING: August 28, 2001 Findinoa of Fact PROPERTY FACTS; The Subject. property.!s alot of 34,578 sq. fL with frontage of 18,3.~ f'eet, an £o~e ,Lane in Maffituck!and depth of 185'feat (Northwest) and 187.64 feet ('Sou~east) tts i~aroved wth a frad~e building containing two aaartments and'a small take-out food shop. BASIS'OF APPEAL: Building Inspector's NoJice of Disapproval dated May 12, 2001, denyin{~ a permit {~ conduct an antiques sales buginass on the property because this v~0uic[ be a third ~lSe requiting an additional 20,000 sq. fL of properly and a total of 80;(~00 Sq. fL u~der Coda section 100-92. AREA VARIANCE RELIEF REQUESTED: Applicant requests a variance authorizing the p~'0po~ a~flqfiffS sales use on the property one dayper Week, plus authorization to display' one or two tables Pf merchandise on other days in applicant's discretion. REASONS FOR BOARD ACTION, DESCRIBED BELOW; On the basis of testimony presented, materials subthitted and personal inspection, the Board makes the following findings: 1. Applicant, the new owner of the pmpany, has considerable experience in antiques sales, and wishes to conduct a similar business outdoors on the subject property, She exoects that dealers will set out their merchandise on a ~esignated day each week during toe warm weather, using lawn areas that total over 7,000 sq, ft. Applicant submitted a ~lan showing 11 ~arking spaces for customers of the take-out shoo and the a~fioues business, plus other parking for the shoo owners and residential tenants:. 2. The subject property is located on the same street as. and just north of a busy business district and the Long rsland RR station. The lawn area is large enough to accommodate the proposed sales activity without encroaching closely on the street. The sales activity w~l occur only one day per weak and will not constitute the addition of a full-time, permanent use on the property. For these reasons, the action set forth below will not produce ar' undesirable change in the character of the neighborhood or detriment to nearby propemes. Page 2 - August 28, 200 AppL No. 4980 - M Price 1000-1402-18 at Matfltuck 3, Although there is no evidence.that granLof the [equested variance will have an adverse effect or impact on physical or environmental conditions, the Board is concerned about the adequacy of on-site parking, For this rsason, the Board will impose a condition intended to prevent pardcipating antioues oaa~ers from parldng on the subject property. 4. Relative to the Code requirement for 20,000 sq. ft. of area for each use on the property, the requested variance is substantial. However, the prooosed use may prove to be a benef'mlal addition to the Mattituck business district a~d will be limited to one day per week. Consequentty. the Board will grant a time.limited variance authorizing the proposed use, so as to be able to review the ~mpacta of the operation after one year. 5. The action set forth below is the mimmum necessary to enable applicant to establish a limited antiques sales business while preserving and protecting the character of the neighborhood and the health, safety and welfare of the commudity. p. ESOLUTION/ACTION: On motion by ~ember Collins. seconded by Chairman G0ehringer. it was RESOLVED. to GRANT a vadance authorizing for one year the operation of an oean-air antiques sales business on the subject property, as described in materials submitted to the Board. subject to the following CONDITIONS: I The business may ope[ate only one day per week. and there shall be no merchandise displays of any sor~ on other days. 2. There shall be no permanent installations nor shal{ ~ny tents be erected Display tables, umbrellas, merchandise and all other materials and equipment shall be removed entirely at the end of each sales day. 3. A sign shall be posted at the entrance to the prope~ffy from Love Lane directing customers to the parking area designated as Area "C' in the materials submitted by applicant. Applicant shall direct the dealers displaying merchandise to park their vehicles in the nearby public parking areas, and shall diligently work to ensJre that they do not pa~k in tha Area "C" spaces, 4. This vadanse authorization shall expire on September 30. 2002. Applicant is free to apply in a timely manner for a further authorization b~ this Board. Appl. Nc 4gSO - M. Price This action does not author~e or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, ~ther than such uses. setbacks and other featuras as are expressly addrassed in this action. ~ote of the Boarc Ayes: Members Goehdnger (Chairman), Dinizio and Collins. This Resolution was duly adopted (3-0). (Member Horpi~-~as absent/excused; Member RECEIVED AND FILED "BY TiiE SOUTMOLD TOWN CLEI~ I KEY MA P SCALE I"= 200' LONG ISLAND RAIL ROAD Ivt,.~P OF PROF~ERTY A T M~A TTtTUCK. TOWN OF $OUTHOLD SUFFOLK COUNTY, 1000 - /40 ~ SC.,ALE~ SEPT. 25, Southold Town Board of Appeals ACTION OF THE ZONING SO~ OF ~P~S Appeal No. 3407 Applic~tion 9ated September 23, 1985 TO: Mr. aha Mrs. Frank Ammirati 730 Love Lane, Box 288 Hattituck, NY 11952 (Public Hearing 11/14/85) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on November 26~ 1985, the above appeal was considered, and th~ action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [X] Request for Special Exception under the Zoning Ordinance Article VIII , Section ]00-80 [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for Application of FRANK AND DIANE AMMIRATI - Appeal No, 3407 - Special Exception to the Zoning Ordinance~ Article VIII, Section 100-80 for per- mission to ~stablish a retail food store in conjunction with a single- family residential use at premises located in this "C-Light Industrial" Zoning District, known aa 730 Love Lane, Mattituck, NY; County Tax Map District 1000, Section ]40, Block 2, Lot 18. WHEREAS, a public hearing was held on November 14, 1985 in the Matter of the Application of FRANK AND DIANE AMMIRATI under Appeal N0~ 3407; and WHEREAS, the board members have personally viewed and are familiar with the premises in question and the surrounding area; and WHEREAS, the board has considered all testimony and documentation submitted concerning this application, including testimony from an adjoining property owner and to which reference is made for the record; and WHEREAS, the board made the following findings of fact: 1. The property in question is located in a "C-Light Industrial" Zoning District at the east side of Love Lane, Mattituck, New York, consists of an area of 34,578 sq. ft. with frontage (lot width) of 183.67 feet along Love Lane; end is identified on the Suffolk County Tax Maps as District 1000, Sectinn 140, Block 2, Lot 18. 2. This is an application for a Special Exception in accordance with Article VIII, Section lO0-80(B)[13] for permission to establish a "country store selling take-out prepared foods and specialty items" including a catering-service business and in conjunction with the owners' primary single-family residence use on the second floor and separate single-family apartment use existing on the first floor along the east side nf the existing structure as shown on survey dated September 25, ]985 prepared by Peconic Surveyors & Engineers, (CONTINUED ON PAGE TWO) December 5, 1985. (rev. 12/81) CHAIP~AN, $OUTHOLD TOWN ZONING BOARD OF APPEALS DATED: Page 2 - Appeal No. 3407 Matter of FRANK AND DIANE AMMIRATI Decision R~dere'd November 26, 1985 3. The premises is presently improved with: (al a two-story three-family dwelling constructed of wood with twa porches; i ~ (b) an accessory storage shed, all as indloated by the Pre-Certificate of Occupancy issued under #Z-13881 dated September 25, 1985.~ 4. It is noted for the record that a Waiver under th~ provi- sions of Article XVI, Section 100-160 was granted on October 8, 1955 by the Southo!d Town Board to the extent of permitting these uses, and on November 18, !985, the Southold Town Planning Board'indica~i~g'~ts position of no objection to this proposal, 5. it is the opinion of the board that applicants~ request to discontinue one apartment dwelling use at the west side of the existing structure in order to establish the take-out prepared food and specialty items services within theL470 sq. ft. floor area as outlined on sketch received November 14~ 1985, will be consistent with the intent of Article VIII of the Zoning Ordinance. In considering this application, the board has: (a) considered items [a] through [I] of the zoning code; (b) determined the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (o) determined the safety, health, welfare, comfort, convenience and order of the town will not be adversely affected by the proposed use and its location, (d) determined that the use is in harmony with and will promote the general purposes and intent of zoning since this is a use permitted by legislative action and will meet the requirements of the zoning regulations. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to GRANT a Special Exception use as applied under Appeal No. 3407 in th~ Matter of the Application of FRANK AND DIANE AMMIRATI to establish a "country store selling take-out prepared foods and specialty items including a catering-service business" within the westerly half of the first-floor area as exists of 470 sq. ft. SUBJECT TO THE FOLLOWING CONDITIONS: 1. Any further expansion of the business'use of these premises for more than 470 sq. ft. floor area as applied will require a new application to this board for consideration; 2. The business use granted shall be only for the selling of take-out prepared foods and specialty items including a catering service which is limited to the westerly half of the existing building of 470 sq. ft. as applied; 3. The dwelling uses of the subject premises shall be reduced from three to two single-family dwelling units, one on the first floor and the other on the second floor. 4. This project shall receive all approvals from the Suffolk County Department of Health Services and other agencies as may be required by law. Vote of the Board: Ayes: Goehringer~ Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent due to weather conditions.) This resolution was adopted by unanimous vote of four of the members present. December 5, 1985 Town of Southold P.O Box 1179 Southold, NY 11971 Date: 12/27/10 * * * RECEIPT * * * Receipt~: 95320 Transaction(s): 1 1 Application Fees Reference Subtotal 6447 $400.00 Check#: 1025 Total Paid: $400,00 Name: Price, Mary Ann 42 South Forest Avenue Rockville Centre, NY 11570 Clerk ID: CAROLH internal ID: 6447 ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville January 3,2011 Zoning Appeal No. 6447 Transmitted herewith is Zoning Appeals No. 6447 of Mary. Ann Price - the Application to the Southold Town Zoning Board of Appeals for Special Exception. Also enclosed is the Applicant's Short Environmental Assessment Form, Questionnaire, and Transactional Disclosure Form, Letter from Mary Ann Price Describing Request for Special Exception, Letter Explaining Where Photos were Taken, 5 pages of Photos of Property, Copy of Updated Certificate of Occupancy No. Z-26922 for Renovations to Existing Building Dated February 10, 2000, Deliberations & Determination No. 4980 Dated August 28, 2001, Action of the Zoning Board of Appeals No 3407 for Special Exception under the Zoning Ordinance Dated September 23, 1985, Copy of Survey Showing Parking Spots and Lot Spots, BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southotd, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 MEMO Date: March 16, 2011 To: Heather Lanza, Director, Planning Department Martin Sidor, Chairman, Planning Board 14 2011 From: Leslie Kanes Weisman; Chairperson, ZBA RE: ZBA Application #6447 Mary Ann Price, Request for additional comments [/-1t 0 ~ .3 - I ~ At the March 3,2011 Regular Meeting of the Zoning Board of Appeals, the Board reviewed an amended application/site plan on the above referenced application and closed the hearing, leaving the record open for written comments only. The Board is requesting clarification from the Planning Board as to whether or not, pursuant to section 280-45B(8), of the code, the applicant must also apply for site plan review and approval. Additionally, we request comments on the applicant's amended plan, attached herein for your review. Finally, On March 9, 2011, the Zoning Board requested information from Damon Rallis r~garding the history and status of the property, specifically related to the current operation of a retail catering/restaurant on the subject premises.. Attached is his response dated March 10, 2011 for your review. Thank you for providing the Zoning Board with comments at your earliest convenience. Att.: Copy of the code section noted Applicant's amended site plan and written proposal Memo from Damon Rallis to the ZBA To: Southold Town Zoning Board of Appeals: Re: Print of notes read at March 3, 2011 meeting. The 730 Love Lane Special Exception Request should rightfully be studied to see if conforms to the current Southold Town Master Planning. About this Plan, Mark Terry, is quoted as saying, "Residents don't want their hamlets to turn into hodge-podges of corporate bustle." Yard sales and Flea Markets are nothing but hodge-podges of bustle. I believe this is why they have been severely restricted in Southold Town to once-a-year per property, and require a permit. In the Suffolk Times on-line edition shortly after the February Hearing a comment was posted comparing the Love Lane sales to the Strawberry Festival and the Mattituck Street Sale. This is a good comparison only the Festival and Street Fair occur once a year, not every week. Under "Mattituck Hamlet", the Southold Town Master Plan is especially sensitive to Mattituck. They now realize that driving into Mattituck's Business corridor on Route 25 is a visitor's first impression of Southold lown. What was relegated to this stretch in year's past is not so inviting now. Under Section IV - Specific Hamlet Improvement Recommendations: 1. Commercial Sprawl must be prohibited. 4. Provide Pedestrian connection across Route 48 to Love Lane. ...reestablish Mattituck as a destination for transient boaters. ...attract transient boaters. ...bring visitors without adding automobile traffic and parking problems. Mattituck Hamlet on Love Lane has created the ambience to attract a TV company. Let's not junk up Southold Town and Mattituck, in particular. I strongly urge the Town to find another location for a continuous Yard Sale/Flea Market and the wonderful vendors. (Note: Such sales need to be away from a residential setting. They need to be where there is appropriate room that vendors and customers will not congest street and destroy the Sunday peace of a residential neighborhood.) Margaret Ashton Mattituck, NY 11952 March 5, 2011 Page 1 of 1 Toth, Vicki From: Cacy49@aol,com Sent: Thursday, Mamh 03, 2011 12:25 PM To: Toth, Vicki ~ Subject: [SPAM] - 2:00 PM - MARY ANN PRIC To Whom it May Concern, We are Chris and Ann Young owners of the property next door to Mary Ann Price on Love Lane. The legal address of our property is 870 Love Lane, Mattituck. Tax map number 73889 140.-2-17. We submit for consideration to the town of Southold our opinion of the above matter Ms Price is requesting. We are vehemently against a Flea Market being held on this property. The occasional yard sale rules provided for in the town codes should be followed in our opinion. Our property is vacant at them moment, however our investment is important to us and should the town grant this varience weekly Flea Markets during the warmer seasons will be not only an inconvience but also an interruption in the peace and serenity our property enjoys at this time, therefore decreasing the value of our investment. From the information available to us at this time Ms Price has no fesilble plan or submited any studies or data to support her ability to keep Love Lane the charming country lane is has always been. Expecting Love Lane residents to deal with noise, and foot and traffic congestion each weekend of prime weather season is in our opinion a burden we the tax payers in the town should not have to tolerate. Please let the record reflect we are opposed to the approval of this varience. Thanks You for the consideration. Ann and Chris Young 631-727-8986 3/4/2011 To Southold Town Zoning Board of Appeals: With regard to Ms. Price's Request for Special Exception for her property at 730 Love Lane, Mattitock NY, I feel compelled as a resident of Love Lane to address the pertinent history oftbe accepted legal uses already set in place as per Southnld Town's documented decisions. -The premises in question was granted a Special Exception variance (to Frank and Diane Ammirati, ZBA #3407, 11~26/85) to "establish a country store selling take-out prepared foods and specialty items including a catering-service business and in conjunction with the owners' primary single-family residence use on the second floor and separate single-family apartment use existing on the fa'st floor". This multi-use zoning was granted while subjected to certain conditions among which were noted (and "on motion by Mr. Goehringer, and seconded by Mr. Sawicki"): "Resolved, to GRANT a Special Exception use... SUBJECT TO THE FOLLOWING CONDITIONS: ... 2. The business use granted shall be only for the selling of take-out prepared foods and specialty items including a catering service 3. The dwelling uses of the subject premises shall be reduced fi.om three to two single-family dwelling units, one on the first floor and the other on the second floor." The Board also made the following "findings of fact" including the "property in question is located in a "C-Light Indnst~ial' Zoning District" during a time period where the surrounding properties were also zoned harmoniously. Surrounding properties do not all retain that zoning at the present time. It is noted that the Board "in considering this application" in 1985 "determined that the use is in harmony with and will promote the general purposes and intent of zoning" at a time when the northern end of Love Lane was similarly zoned as C-Light Industrial. The current population on the northern end of Love Lane is mainly residential and was re-zoned eliminating many C-Light Industrial zoning. An updated Certificate of Occupancy (No. z-26922, February 10, 2000) confirms the issued use of the property for these two uses as stated above. I would submit that the current use of the space for a sit-down restaurant is outside the scope of the exception that Southold Town had granted in ZBA No. 3407 and would benefit from a re-examination by the board as its specific business use was a condition oftbe Special Exception granted at the time for the second use on this property. Ms. Price signed a questionnaire with her Z.B.A. application(received 12/23/10) that lists" the present use or operations conducted nt this parcel" as a "retail store/2-family" and gave the proposed use as the "same plus outdoor flea market". A "retail store" does not accurately define the current use as a sit-down restaurant. -Application No. 4980 for the same premises (August 28, 2001) was submitted due to a "Building Inspector's Notice of Disapproval" denying a permit for a "third use (antiques sales) requiring an additional 20,000 sq. fl. of property and a total of 60,000 sq. fl. under Cede section 100-92." 730 Love Lane was referred to at the February 3, 2011 hearing as a substandard lot with 34,578 sq. f~. It appears seriously deficient in square footage requirements. The Findinus of August 28, 2001 included '"using lawn areas that total over 7,000 sq. ft. Applicant submitled a plan showing 11 parking spaces for customers of the take-out shop and the antiques business". The Board indicated it was "concerned about the adequacy of on-site parking. For this reason, the Board will impose a condition intended to prevent participating antiques dealem from parking on the subject property." This was done so that the "action set forth"... "will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties." The "Resolution/Action: On motion by Member Collins, seconded by Chairman Goehringer" included: "3. A sign shall be posted at the entrance to the property fi.om Love Lane directing cnatomem to the parking area designated as Area "C" in the materials submitted by the applicant. Applicant shall direct the dealers displaying merchandise to park their vehicles in the nearby public parking areas, and shall diligently work to ensure that they do not park in the Area "C' spaces. "4· This variance authorization shall expire on September 30, 2002. Applicant is flee to apply in a timely manner for a further authorization by this Board." -A current request for Special Exception for a third use on the property (ZBA #6447) received comments of concern fi.om the Planning Board Chair, Martin H. Sidor in a memo from February 1,2011. Specifically" Number of Uses & Parking" were cited. There is an assumption that a restaurant does not operate on the premises." As you are aware, currently there is a 2 story mixed-use building certified for retail use and apartments by a special exception (ZBA #3407) that allowed for a conntxy store (selling take out prepared foods & catering only) and two dwelling units." A concern for "two parking spaces are for tenants of the building and additional spaces should be designated for the retail use as well leaving less on-site parking for the flea market use." Scaling back and limiting the amount of vendors seems to be of paramoant concern i~ this memo. "Although there l~J~[~anicipal parking in close proximity, the flea l~/et use may add to seasonal parking & traffic congestion." Mr. Sidor recommends reserving" the right to revoke special exception". These are the facts of the chronological progression of the zoning and variance requests for this property. Aside from an apparent disregard for the legally certified use for indoor retail space on this property which undoubtedly affects parking requirements for customers in light ora third requested use of the property, the proposed use for a flea market is on a scale too large to harmoniously exist within a primarily residential section of Love Lane. The size of the lawn space available has jumped from 7,000 scI. fi. (August 2001) to 11,200 sq fl (Dec. 2010). A map of the property submitted in 2001 shows a setback from Love Lane of 20 feet before proposed vendor spaces were to be set up. No setback appears on the current proposal. The old gravel driveway shown on the property map is currently overgrown as well. Parking for the current proposal is referred to as "for the vendors", while the temporary variance in 2001 demanded "on-site customer parking" and all vendors parking in the municipal lot. The need for 5 parking spaces alone just for 2 owner vehicles, tenant and 2 exlra guests greatly reduces what is logistically available for on-site parking in the current request. The Ammiratis received the approval for a second use on this property while downsizing from 3 dwellings to 2 units, maintaining one as a primary residence. The current owner has a notarized letter on file noting her residential address as Rockville Centre. The Ammiratis were our neighbors, 24/7. They were invested in our neighborhood 24/7. Their request was for a use that accommodated ' the neighborhood and was respectful of the neighborhood. There was no constant parade of cars and doors slamming as their customers parked in the lot at the back of their property. It is my understanding that the Zoning Board of Appeals adheres to criteria of standards that considers the impact and harmony within a community. For example Code 280-143 addresses the issue of "overcrowding and undue population." While an evergreen buffer and fencing is an appealing start, it would appear that "less is more" as far as vendors and parking. Sundays in residential neighborhoods are thought of as a day of relaxation and recharging for the work week. A little respect for those neighbors would go a long way. I pemonally would have welcomed meeting my neighbors in a different manner. I didn't know who lived there until they were identified at the hearing. A little dialogue prior to this would have been beneficial I'm sure for all involved. There is no animosity. I only request respect for the process and allow us as citizens and neighbors to voice oar concerns in a forum for which it is acceptable to speak up and not have fear of retribution or intimidation. To the Board 1 would respectfully request a review of the current uses on this property and whether a third use is likely to be adhered to as directed by the town or even be appropriate in light of the size lot and nature of oar neighborhood on the northern end of Love Lane. If a third use is deemed appropriate I would hope the number of vendors would be greatly reduced so that parking, traffic congestion and noise is not as disruptive as it has been in the past year on Sundays. It appears Ms. Price might have stayed under the radar longer had she continued with only 5-8 vendors as she had prior to about a year ago, as also noted by our neighbor, Sharon Tuthill. Also a starting time of 10 am would be more respectful of our neighborhood on a Sunday morning. We live on Love Lane year round and love a lazy Sunday morning just like the rest of the North Fork. Thank you, Margaret Stranb 795 Love Lane Mattituck, NY 11952 F~EC~ED ~ MAR 3 2011 At the last'~b[ifi~o¥ fhi~ b~8~,~ere were statements made by Mrs. Margaret Ashston which are now in the record in written form. Her statements were at best exaggerated and specious, and at worst untrue. I feel it necessary to respond for two reasons. First there should be another written record of rebuttal for anyone who might review these minutes in the future. Second I simply can't allow spurious allegations to go unanswered. I'm going to address five points. All are in answer to Mrs. Ashton's statements. The first four are total hearsay. Only the last can be refuted with fact, and when the level of exaggeration on this point is considered, it becomes clear how much credence should be given to the first four. First there is the matter of the alleged excessive noise created by the arrival of vendors in the morning. There is absolutely no basis in truth to this allegation. Since we are expected to take the word of an overzealous neighbor in her desire to stop something she opposes, offering no evidence but hearsay, I contend that her description of the alleged noise is untrue. Also, the earliest that any vendor has ever arrived was 6:45 AM, not earlier than 6:00, as untruthfully presented. I've also contacted several of the core vendors and asked directly if they'd ever had a complaint from any neighbor. They all answered in the negative. I can offer no better evidence than she, but my statement is truthful, hers is not. Mrs. Ashton, with whom was this conversation had? Second there is the issue of dog poop. In the summer many, many boaters travel with pets. They frequently walk from the Mattituck marina into town. Obviously they must then walk back to the marina. Since there's no sidewalk on our side of Love Lane they usually walk on the west side of the street. There is plenty of opportunity for some inconsiderate pet owner to fail to clean up after a dog. Contending that the people at the sale are the cause is plain nonsense. There is no evidence to prove or disprove that, and its even being brought up in this forum is inappropriate. Third the suggestion that the sale produces litter is ridiculous. All the vendors are aware that we do not have municipal trash pick up in Mattituck. All of them police their own trash and have done so scrupulously for years. As the matter of beer cans is concerned, in nine years I have never once witnessed a single instance of alcohol being consumed by either vendors or customers .There is never anything left behind, and again, the allegation is being made with absolutely no corroboration. In our revised site plan, however, note that we've included a 30 gallon trash container. It will be placed on the lawn in the morning and removed after the sale. We're doing this only to try to be agreeable, not because there's any actual issue. Fourth, if anyone should have a complaint about their driveway being used as a means of making u-tums it should be us. People make them in our driveway seven days a week, not just on Sundays. This is a reality of living on Love Lane. Also, for years Mrs. Ashton ran a preschool out of her residence. There were constantly people coming and going and I couldn't even begin to count the number making such tums in our driveway. I invite all of you to come by and see for yourselves the damage that's been done to our lawn because of this. I would also like to point out that there are regular deliveries made to Mrs. Ashton's residence. The track that makes them is a ten wheeler that's likely in the RECEIVED MAR 2 2011 eight to ten ton range. I think a cause and e~g_3:p ~th3g th~l,xp(g~kof this truck and the driveway damage ~s more probable than an occamonal u-turn. 'Tli~s ~s just another self serving exaggeration with facts conveniently omitted. Lastly, the one complaint which can be addressed with real data, not hearsay, is the issue of the so called dangerous traffic situation posed by the sale. In this case there are records kept. I went and filed a freedom of information request with the Southold PD. I asked for all records of accidents on Love Lane, on Sundays, between April and October, for the past nine years. The search produced only one accident report, and the incident occurred on the south end of Love Lane, nowhere near our venue. I've made a copy of this lone report for the ZBA record. There is no problem with traffic. I made it abundantly clear that there has never been any sort of traffic related mishap or accident. Obviously I was correct. The apparent exaggeration about the "nightmare" traffic issue should be extrapolated to the first four non-documentable points raised by Mrs. Ashton. Their over blown tone should be taken for what it is; self serving and spurious! Like it or not, Love Lane has grown as a business district and will continue to do so regardless of the outcome of this hearing. Progress can't be stopped. If residents in the area are incapable of seeing that, maybe it's time for them to adjust their thinking instead of trying to keep a status quo which will inexorably change with time. In closing I would like to commend Mrs. Sharon Tuthill for her letter to this board. She acknowledged Mary Ann Price, and by extension myself, personally and as business people. While she felt it necessary to express her concerns, she did so in a pointed, thoughtful, objective, and non-confrontational manner. I'd suggest that Mrs. Ashton use this model as a tutorial in respectful debate and neighborly behavior. Bob Hartz BOARD OF APPEALS I would like to address Ms Straub's complaint that I continued to hold yard sales beyond the one year allowed in the original variance request. When I met with the Board back in 2001 my property was zoned Hamlet Business, not residential business or light industrial. A flea market was an allowable use of the property. I was renting the commercial space out at the time and the needs of that business had to be taken into consideration. The Board felt the flea market would be good for business on Love Lane but with no history they felt they wanted to see it in action and make a determination. At the hearing the board suggested a one year period of operation to then be reviewed. I received the results of the heating with the allowance for the one year and various stipulations I had to meet. it was never made clear how this was going to be reviewed. I had submitted all the necessary paperwork on my end. I wrote to the board in September 2002 to request starting the sale in 2003 as I was unable to get vendors to participate the first season. For the next five years there were never more than 4 or 5 vendors and many weeks 1 or 2 and sometimes none. I was certainly not trying to hide anything and felt if the zoning board had an objection it would be brought to my attention. ! live on Love Lane and have accepted the fact that I have deli bags and paper cups and soda cans and candy wrappers, cigarette boxes, flyers etc that I have to pick up offmy lawn regularly. I also have vehicles making u-turns in by driveway on a daily basis when they can't find a parking spot down the block or have just gone too far and have to turn around. I have had buses and cars make u-tums on the lawn. I have now filed all the same paperwork and drawn new site plans and taken the necessary steps with a proven history of no complaints to the town until this past September. I do not want to cause my neighbors distress but Mrs. Ashton has blown things out of proportion. The right thing to do would have been to bring these concerns to my attention. Because of her actions a number of vendors who depend on this sale as a livelihood were put out of business, t~d(q~,~ RECEIVED MAR $ ~UO~.I~EP~OLLECTIBLE SALES AT 730 LOVE LANE ON NDAYS MIGHT BE IN JEOPARDY. THERE HAS APPARENTLY BEEN A COMPLAINT OF SOME SORT, AND OUR ORIGINAL VARIANCE MAY BE RESCINDED BY THE TOWN. THESE SALES HAVE BECOME A REAL DESTINATION FOR LOCALS AND VISITORS ALIKE. WE'VE BEEN SPONSORING THIS WEEKLY EVENT FOR OVER EIGHT YEARS. 1T BRINGS LOTS OF PEOPLE TO LOVE LANE, AND AFTER ALL, LOVE LANE IS A BUSINESS DISTRICT. LOGICALLY, TRAFFIC AND ADDED CUSTOMERS ARE WHAT ALL LOCAL VENDORS WISH TO PROMOTE. IF YOU'RE IN FAVOR OF THE CONTINUANCE OF THESE SALES, PLEASE ADD YOUR NAME & ADDRESS TO THIS PETITION. AS WE PURSUE THE MATTER WITH THE TOWN, WE HOPE TO PRESENT SIGNATURES SHOWING A LOCAL GROUNDSWELL. THANK YOU!!!! NAME ADDRESS ilqOl -k /~ ..... ~'- '~'~ r' / RECEIVED MAR ~ 2011 THE ANTIQUE AND COLLECTII~~J~0~0~[bVE LANE ON SUNDAYS MIGHT BE IN JEOPARDY. THERE HAS APPARENTLY BEEN A COMPLAINT OF SOME SORT, AND OUR ORIGINAL VARIANCE MAY BE RESCINDED BY THE TOWN. THESE SALES HAVE BECOME A REAL DESTINATION FOR LOCALS AND VISITORS ALIKE. WE'VE BEEN SPONSORING THIS WEEKLY EVENT FOR OVER EIGHT YEARS. IT BRINGS LOTS OF PEOPLE TO LOVE LANE, AND AFTER ALL, LOVE LANE IS A BUSINESS DISTRICT. LOGICALLY, TRAFFIC AND ADDED CUSTOMERS ARE WHAT ALL LOCAL VENDORS WISH TO PROMOTE. 1F YOU'RE IN FAVOR OF THE CONTINUANCE OF THESE SALES, PLEASE ADD YOUR NAME & ADDRESS TO THIS PETITION. AS WE PURSUE THE MATTER WITH THE TOWN, WE HOPE TO PRESENT SIGNATURES SHOWING A LOCAL GROUNDSWELL. THANK YOU .... NAME ADDRESS :..: RrccrclNED .~ Z///~/-~ BOARD OF APPEALS THE ANTIQUE AND COLLECTIBLE SALES AT 730 LOVE LANE ON SUNDAYS MIGHT BE IN JEOPARDY. THERE HAS APPARENTLY BEEN A COMPLAINT OF SOME SORT, AND OUR ORIGINAL VARIANCE MAY BE RESCINDED BY THE TOWN. THESE SALES HAVE BECOME A REAL DESTINATION FOR LOCALS AND VISITORS ALIKE. WE'VE BEEN SPONSORING THIS WEEKLY EVENT FOR OVER EIGHT YEARS. IT BRINGS LOTS OF PEOPLE TO LOVE LANE, AND AFTER ALL, LOVE LANE IS A BUSINESS DISTRICT. LOGICALLY, TRAFFIC AND ADDED CUSTOMERS-ARE WHAT ALL LOCAL VENDORS WISH TO PROMOTE. IF YOU'RE IN FAVOR OF THE CONTINUANCE OF THESE SALES, PLEASE ADD YOUR NAME & ADDRESS TO THIS PETITION. AS WE PURSUE THE MATTER WITH THI~ TOWN, WE HOPE TO PRESENT SIGNATURES SHOWING A LOCAL GROUNDSWELL. THANK NAME ADDRESS RECEIVED - MAR 3 Z~ F~OARD OF APPEALS THE ANTIQUE AND COLLECTIBLE SALES AT 730 LOVE LANE ON SUNDAYS MIGHT BE IN JEOPARDY. THERE HAS APPARENTLY BEEN A COMPLAINT OF SOME SORT, AND OUR ORIGINAL VARIANCE MAY BE RESCINDED BY THE TOWN. THESE SALES HAVE BECOME A REAL DESTINATIQN FOR LOCALS AND VISITORS ALIKE. WE'VE BEEN SPONSORING THIS WEEKLY EVENT FOR OVER EIGHT YEARS. IT BRINGS LOTS OF PEOPLE TO LOVE LANE, AND AFTER ALL, LOVE LANE IS A BUSINESS DISTRICT. LOGICALLY, TRAFFIC AND ADDED CUSTOMERS ARE WHAT ALL LOCAL VENDORS WISH TO PROMOTE. IF YOU'RE IN FAVOR OF THE CONTINUANCE OF THESE SALES, PLEASE ADD YOUR NAME & ADDRESS TO THIS PETITION. AS WE PURSUE THE MATTER WITH THE TOWN, WE HOPE TO PRESENT SIGNATURES SHOWING A LOCAL GROUNDSWELL. THANK YOU!!!! ADDRESS RECEIVED MAR 3 2011 BOARD OF APPEALS THE ANTIQUE AND COLLECTIBLE SALES AT 730 LOVE LANE ON SUNDAYS MIGHT BE IN JEOPARDY. THERE HAS APPARENTLY BEEN A COMPLAINT OF SOME SORT, AND OUR ORIGINAL VARIANCE MAY BE RESCINDED BY THE TOWN. THESE SALES HAVE BECOME A REAL DESTINATION FOR LOCALS AND VISITORS ALIKE. WE'VE BEEN SPONSORING THIS WEEKLY EVENT FOR OVER EIGHT YEARS. IT BRINGS LOTS OF PEOPLE TO LOVE LANE, AND AFTER ALL, LOVE LANE IS A BUSINESS DISTRICT. LOGICALLY, TRAFFIC AND ADDED CUSTOMERS ARE WHAT ALL LOCAL VENDORS WISH TO PROMOTE. IF YOU'RE IN FAVOR OF THE CONTINUANCE OF THESE SALES, PLEASE ADD YOUR NAME & ADDRESS TO THIS PETITION. AS WE PURSUE THE MATTER WITH THE TOWN, WE HOPE TO PRESENT SIGNATURES SHOWING A'LOCAL GROUNDSWELL. THANK YOU .... NAME ADDRESS .- P, ECE]VED MAR 8 20!1 F3OA~llltD, gN-~ffi~,.~ND COLLECTIBLE SALES AT 730 LOVE LANE ON SUNDAYS MIGHT BE IN JEOPARDY. THERE HAS APPARENTLY BEEN A COMPLAINT OF SOME SORT, AND OUR ORIGINAL VARIANCE MAY BE RESCINDED BY THE TOWN. THESE SALES HAVE BECOME A REAL DESTINATION FOR LOCALS AND VISITORS ALIKE. WE'VE BEEN SPONSORING THIS WEEKLY EVENT FOR OVER EIGHT YEARS. IT BRINGS LOTS OF PEOPLE TO LOVE LANE, AND AFTER ALL, LOVE LANE IS A BUSINESS DISTRICT. LOGICALLY, TIT~AFFIC AND ADDED CUSTOMERS ARE WHAT ALL LOCAL VENDORS WISH TO PROMOTE. IF YOU'RE IN FAVOR OF THE CONTINUANCE OF THESE SALES, PLEASE ADD YOUR NAME & ADDRESS TO THIS PETITION. AS WE PURSUE THE MATTER WITH THE TOWN, WE HOPE TO PRESENT SIGNATURES SHOWING A LOCAL GROUNDSWELL. THANK YOU!!!! NAME ADDRESS MAR ~] 2011 c~ p / ~dx-~ March 3, 2011 To the Southold Town Zoning Board of Appeals: t~CEIV~D M4R 3 2011 BOARD OF APPEALS Being a resident on the North side of Love Lane, I feel obligated to voice my concerns about the current request for Special Exception variance to the property at 730 Love Lane, Mattituck, NY. I would like to state that the requested use of the property to be used as a Flea Market will alter the essential character of the neighborhood. The North side of Love Lane is primarily a residential area in nature as contrasted by the South side that is highly commercial. The Commercial side of Love Lane is set up to be used for commercial use. There is adequate parking, public trash receptacles, sidewalks, crosswalks, etc. that facilitates the commercial nature. The North side of Love Lane is simply not equipped to handle the large scale commercial operation of a Flea Market on weekends and holidays. During the summer months, thousands of people flock to Mattituck and the surrounding towns. This causes a lot of automobile traffic as well as pedestrian traffic. As witnessed by me over the past two summers, when the Flea Market is in operation, the North side of Love Lane becomes a virtual parking lot and fair ground. Cars are parked on both sides of the street and yes sometimes blocking access to driveways. The use of my driveway in particular as a turnaround is a constant occurrence. Pedestrians trying to walk to the Flea Market have to walk mainly in the street or across people's property because of the lack of sidewalks on the Eastern side of Love Lane. The property at 730 Love Lane is simply not large enough to accommodate vendor space, vendor autos and customer parking. Thus creating a dangerous situation due to lack of adequate space. The Flea market also causes a considerable volume of unwanted noise on Sunday. Vendors arrive as early as 5:30 am to set up. There are doors slamming, tables being erected, tents being assembled, loud talking and even music playing on occasion. My wife had to ask a vendor one Sunday morning to please try to be more quiet as people were still sleeping. Ms. Pryce may know the vendors that she is collecting a fee from, but she does not know the clientele that visits the Flea Market. Some, not all use Love Lane like it is a parking lot and fair ground. Every Sunday night there is litter on my property that has to be cleaned up. There were some customers hav~n~ a picnic on the property adjacent to 730 Love Lane. One visitor to the Flea Market even found it necessary to relieve himself behind the bushes. Based on my comments and first hand observations I ask you to take into consideration what I have stated and witnessed. The Flea Market does in my opinion, alter the essential character of the neighborhood and causes Love Lane to become a serious safety issue. Sincerely, Love I'aZn~ 2/18/2010 Sonthold Zoning Board of Appeals 54375 Ronte 25 P.O. Box 1179 Southold, NY 11971 Dear Board Members, This is in response to the article posted in the Suffolk Times dated 2/10/2010. My name is Melissa Senatore and I live in Riverhead. I own an antique/collectible shop, Tantalizing Treasures, on the Main Road in Jamesport. I attended the Iron Skillet Antique Sale every Sunday at 8:00 as a few early dealers were setting up their areas. I have never witnessed loud speaking, radios blasting or any other noise fxom vehicles while I was there. After reading the article about your last meeting in the Suffolk Times, I recognized the name of the person against this sale. Margaret Ashton mn her own business, a nursery school, on the north side of Love Lane, out of her house almost 20 years ago as my son attended her school. She ran this business for many years. I believe she also ran a business, making and selling baked items, out of her home. She also had cars parked in fxont of her home while running her businesses not only one day a week but for 5 days a week. I would like to also add that in my dealings with her, I felt she was rather an abrasive person. I refused to send my other son to her school. I loved going to the antique sale before I opened my store on Sundays. I hope you see fit to work with the owners of the "Iron Skillet", Bob and Mary Ann, and allow them to cont'mue this sale as it does "fit the character of the neighborhood". Sincerely, //~ Melissa Senatore February22,2011 RECE][VED FEB 2011 BOARD OF APPEALS To: The Southold Town Zoning Board of Appeals: There are few residences on Love Lane north of the railroad tracks and Route 48, but Southold Town believed it important enough to preserve the residential atmosphere of this neighborhood by rezonin§ the properties from light industrial to residential-office in the Fall of 1999. In reviewing the Variance Standards of Town Law, it states that the Variance request will not alter the essential character of the nei§hborhood. The request by Price & Hartz clearly changes the character of the nei§hborhood. Another Variance Standard requires a buffer on front, sides and back of property requesting variance. Even if a buffer had been provided, the essential character of the neighborhood is altered irrevocably by continuous yard sales. To trace the history of property requestin§ the variance at 730 Love Lane, this property was the old Mattituck Hotel built to provide rooms for tourist visiting the area. When I moved into 795 Love Lane in June 1969, the 730 Love Lane property was owned by the MacMillan family. Rooms had been combined to create about 4 apartments. Parking was available in the back for those renting. The MacMillan family sold to the Ammirati family. The Ammiratis obtained a permit to turn the front main floor apartment into a food store and tiny restaurant, and later turned to catering from this establishment. The opposite half of the main floor remained a 2 room apartment. The second floor apartments were combined to make it a one family home. Parking was available in the rear. They did extensive landscaping enhancing the residential feeling of their property. The Ammiratis sold to Price & Hartz. I suspect that when the Ammiratis requested a variance to cover a food store and restaurant, there was not that much to choose from in the way of variances. Hamlet business covered it. I am now requesting that this zoning be capped to include only the food store/restaurant with on-site parking, not yard sales and flea markets. This is a residential neighborhood. Possibly, Price & Hartz might consider the right to sell on consignment a few of the antiques inside their home/business. This would not create the bedlam they are now creating. It would not have attending noise, create irrational driving from the gawkers, and illegal parking in front of their neighbors' driveways, nor would it induce littering, dog poop, and as it was once seen, a man relieving himself in bushes on the adjacent property during the yard sale. Town records would show that the people in Southold Town generally have one yard sale per property per year on Saturday. There is a reason for this. Sunday for many of its citizens is a day of worship, a day of rest and/or a day to be spent with family. Again, this yard sale business respects none of that for the residents of Love Lane. I respectfully request that Zoning Board defend the rights of residential neighborhoods. RECE~{VED BOARD OF APPEALS Sincerely, Sharon Tuthill 745 Love Lane, P.O. Box 645 Mattituck, New York 11952 (631) 298-4273 February 3,2011 5outhold Town Zoning Board of Appeals 54375 Main Road Southold, New York 11971 Re: Public Hearing - Mary Ann Price #6447 To $outhold Town Zoning Board of Appeals: I am not able to personally attend this Public Hearing for application #6447 (Mary Ann Price) but do wish to voice my opinion on this matter. First let me say that I am all for local business and recognize and support Miss Price's right to earn income on her property. Miss Price has always been a good neighbor and she runs her restaurant well. I do believe that Miss Price has the best intentions to keep the flea market a small town experience with quality vendors. However, I do have some concerns about what this could potentially turn into or become in the future should ownership change, without any limitations attached or put into place. My main areas of concern are the following: Operation on both weekend days (all day) when we are typically at our residence. This is our primary residence and quite honestly a flea market with 200-300 or so customers would not be my first choice for a neighboring business. Our residence is set back off of Love Lane and is not as affected by the early morning noise of venders setting up as our other neighbors could be, but we do feel the impact of the additional traffic and parking issues. Already, we do have some issues with having our driveway partially blocked making it difficult to pull in and out of our driveway. Operation on a larger scale or at the proposed full capacity of 28 vendors would be a significant increase to the regular 5-8 vendors that have typically been present this past summer. This increase could mean a dramatic increase to noise, traffic congestion and parking issues. I don't see any way that proper parking could be controlled or regulated throughout the day. Types of vendors/goods being sold. Having frequented Miss Price's Sunday sales, the vendors have typically seemed to be individuals for whom collecting and selling antiques and assorted one of a kind items is a hobby. I am concerned that if the sale is expanded without some limitations, it has the potential to become more commercial and less charming. I do enjoy shopping at local annual events such as Mattituck Sale Days and the Lion's Club Strawberry Festival but I wouldn't want to see this turn into something of that type. Love Lane is a unique area in that it comprises both business and residential properties. Unfortunately, what may be good for Love Lane businesses may not be good for Love Lane homeowners. My concerns on this issue deal mainly with what potentially can occur by expanding and enlarging the current situation. I appreciate the Board hearing my reservations regarding this application and I do hope they will be taken into consideration when reviewing and acting on this matter. Thank You, Sharon Tuthill The rezoning of Love Lane, Mattituck, NY to acco~odate weekly yard sales and/or a Flea Market is contrary to the plans made for the Northern half of Love Lane in the Fall of 1999. The Supervisor, Jean Cochran, rezoned several properties from light industrial to residential-office. My property where I have resided since June 1969 at 795 Love Lane was so rezoned. The purpose of this rezoning was supposedly to retain a residential feeling in the Town of Southold. I went along with this rezoning because Love Lane is a historical location. A Flea Market or an eternal yard sale is not residential in nature, nor can it be considered an office, nor does it conjure up the romantic setting of a lover's lane. The location of the intended market or sale is the old Mattituck Hotel. The squalor every Sunday is jarring in the sight of this grand old building. The North side of Love Lane in no way resembles the South side. It was the Town's intention to preserve a residential, not a business atmosphere North of the train tracks. The South side is business but should not be allowed to sprawl out in any direction destroying the all-over non-commercial feeling of the Town and I might add, the North Fork. Love Lane has become a heavily travelled road connecting the double highway with the Main Road. Traffic from the North Road often comes onto Love Lane exceeding the posted speed limits. During the summer weekends, the traffic is constant both ways. Added to this on a Sunday with the "Yard Sale", vehicles are parked on both sides from Rte. 48 to the train tracks often bring traffic down to one lane. Getting out of our driveway has been impossible on at least 5 occasions. At other times we have to aim carefully to not hit cars partially blocking our driveway. And then there is the constant problem of people using our driveway to turn around. It's a clam shell driveway. We are put to the trouble and expense of filling it in with the excessive use. Sundays on Love Lane have been destroyed by the "Yard Sales". Because windows are open in the sun~ertime and thanks to the vendors' arrival before 6AM, vans parking, vendors calling to one another, and a steady irritating level of the noise setting up, sleep is impossible. The noise continues all day. The nosey folks walk into our yards. One family had a picnic where the residents weren't home. Come Sunday evening we have the task of cleaning up after the "yard Sale" folks who litter with abandon: beer cans, soda cans, coffee cups, wrappers, and, yes, the dog poop. Love Lane is also the walkway from the docks to town for our Boating visitors. It is inevitable that a collision or pedestrian will be injured in this whole melee if all this continues. Our "Yard Sale" neighbors have had complaints. We complained directly to t-~4~m~. Obviously they did not bring this to your attention. I would suggest that our neighbors be allowed one yard sale a year like everyone else in this town. Either that or let everyone get in on the act. A very bad precedent is being set here. This is not the place for weekly yard sales, or a Flea Market. Unpopulated large empty lots, or shopping mall parking lots are usual venues for such things. This has been a nightmare. STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen 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 17Ih day of February, 2011. Principal Clerk Sworn to before me this LE~G AL NOTICE sOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY MARCH 3, 2011 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of thc Town Law and Town Code Chapter 280 (Zoning),Town of Southold, the following public hear- ings wig be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, BO. Box 1179, Southold, New York 11971-0959, on THURSDAY MARCH 3, 2011: 10.'00 a.m.- PIERCE RAFFERTY ~6451 - Request for Variance Irom Ar- ticle XXIII Code Section 280-124 and the Building Inspector~s January 7, 2011 Notice of Disapproval based on an ap- plicatinn for building permit to construct an addition to a single family dwelling at 1) rear yard setback of less than the code requi~ed 35 feet, 2) lot coverage of less than the code required 20%~ at; Avenue~ B Fishers Island, NY. SCYM#1000-6-2- . 10:.15 a.m. - IOYCE BARRY g6453 - Applicant request a Special Exception under Section 280-13B(14). ~he Appli- cant is the owner requesting authoriza- tion to establish an Accessory Bed and Breakfast, accessory and incidental to the residential occupancy in this single- family dwelling, with three (3) bedrooms for lodging and serving of breakfast to the B&B casual, transient roomers. Lo cation of Property: 1855 Depot Lane Cu- 10'30 a.m. -STERLING HARBOR, INC. g6448 - Request for Variance from Code Article Ill Section 280-15 and the __/day of Building Inspector's December 9, 2010 Notice of Disapproval based on an ap- plication for building permit to construc lion an accessory garage 1) proposed ga- rage location is other than the code re- quired rear yard; at: 2404 Camp Mineola Rd. Ext., Mattituck, NY. SCTMg1000- 122-9-7.20. 10'.50 a.m. - J~ROME and SANDRA MARTOCCHIA, SR. g6449 - Applicant requests a Special ExCeption updar Ar- ticle III, Section 280-13B(13). The Ap- plicant is the owner requesting authori zatinn to establish an Accessory Apart- ment in an accessory structure at; 67795 CR 48 Greenport, NY. SCTM#1000-33 11:15 a.m. - GEORGE and RUBY GAFFGA #6438 - Request for Vari- ance from Code Sections 280-13 (A)(1) and 280-18 and the Binlding Inspector's October 26, 2010 Notice of Disapproval based on an application for building permit to demolition and construct a new second single family dwelling at; 1) more than the code required one fam- ily detached dwelling, 2) less than the code required rear yard setback of 50 feet, at: 175 Laurel Ave., Southold, NY. SCTM#1000-56-24~.L 11:45 ann. - DAVID $. VERITY S6~52 - Request for Variance under Article II Section 280-9 and the Building Lnspec- tor's November 17, 2010 updated Janu- ary 19,2011 Notice of Disapproval based on an application for Lot Recognition, which states the identical lot was created by deed recorded in the Suffolk Cognty Clerk's Office on or before June 30,1983 and the lot conformed to the minimum lot size set forth in Bulk Sebedule AA as of date of lot creation. Proposed lot is less than the code required size and said deed was recorded after the code required date at; 865 Nokomis Rd. (Hiawatha's Path), Southold, NY SCTM#1000-78-3-26. Carryover Hearings, continued f~om prior meetings and pending additional information; Adjourned from Public Hearing Jan- usry 6, 2011: 1:0~ p.m.-TK ALPHA, LLC. g~437 · 1:30 p.m.- BENALI, LLC g6422 O~ARY pttBLIC*S~ATE OF NEW YORK No, 01 NO6105050 ~.~olifie~ ~ ~uffoik county Adjourned from Public Hearing Feb- ruary 3, 2011: 2:00 p.m. - MARY ANN PRICE #6447 The Board of Appeals will hear all persons or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. It you have questions, please contact our office at (63~.) 765-1809, or by e-ma0: Vigki.Tot hL~Town. S out hold.nv, us. Dated: February 7, 2011 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIR- PERSON BY: Vlcki Toth 54375 Main Road (Omce Location) 53095 Main Road (Mailiag/USPS) Ea. Box 1179 Southold, NY 11971-0959 ~ 38-LT ~,7, BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road ° P.O. Box 1179 Southold, NY I 1971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork,net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 3, 2011 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (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 TH URSDAY~ FEBRUARY 3~ 2011: 9:30AM - MARY ANN PRICE #6447 - Request for Special Exception under Chapter 280- 45B(8). Owner requests authorization to operate a flea market at: 730 Love Lane Mattituck, NY. SCTM#1000-140-2-18. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki. Toth~.Town. Southold.ny.us · Dated: January 10, 2011 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 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.northfork.net January 7, 2011 Re: Town Code Chapter 55 -Public Notices for Thursday,February 3, 2011 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before January 17th: 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 area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al__~l 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 Southold Town Assessors' Office, 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 address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arranqements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than January 24th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later January 26th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not 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 supplied for posting on both front yards. Please deliver or mail your Affidavit of Postin.q for receipt by our office before February 1, 2011. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF MAILINGS 6Name of Applicants) SCTM Parcel # 1000- COUNTY OF SUFFOLK STATE OF NEW YORK I, l,q'}J4-1P--"(/ /dr/x/tV /D)Q-i(Z~''~ residingat New York, being duly sworn, deposes and says that: Onthe /6] ~' day of .)/~-b&t~l~,2Ol(, I personally mailed at the United States Post Office in )~J~¢t(_v ? l( ~' C~cr, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the (~ 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. ~/~(Signature) Sworn to before me this t~ dayof ~ ,2010 (Notar~ Public) / CHRISTIAN ROBERT GOURDIN Notary Public, State of New York No. 01006214239 Qualified In Nassau County Commission Expires Nov. 30, 2013 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. ,Pb--[-, ~l,[ [~-~ Aliz. Restdcted Deliven/Fee (Endorsement Required) Total Postage & Fees Certified Fee Return Receipt Fee (Endorsement Required) U SE 01119/2011 Fa 05?0 $2.80 04 -- Postmark $ $5.54 0111912011 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of (Name of Applicants) AFFIDAVIT OF POSTING Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- /~/~ ~ COUNTY OF SUFFOLK) STATE OF NEW YORK) ~T ~ ~/~ , New York, being duly sworn, depose ~d say that: On the~.day of, / ~4 ttlY . ~ t'2 ~ , 201 ~, I personally placed the Town's O~cml Poster, w~th the date of hearing and nature of my application noted thereon, securely upon my propeny, 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 (7) days prior to the date of the subject hearing date, which hearing date was shown to be ~I ~'~ I)x°5. /7l~ 3 Sworn to before me this ~of ~ ,201/ (Notary Public) (Signature) PATRICIA RICHERT Notary Public, State of New York No. 30-4741154 Qualified in Nassau / Suffolk Co~ti(~ Commi sio * near the entrance or driveway entrance of my property, as the area most visible to passerby. $2.80 $0.44 $2.80 Postmark Here Return Receipt Fee (Endorsement ReqCred) $21~ Here Return Receipt Fee Restricted Delivery Fee (Endorsement Required) ~ ,~ Restricted Del~e~ Fee ~ {Endorsement R~uired) ~0=~ Total Postage & Fees $ $5.~ Ol/19/~H TO~I Postage & Fees . $ $5,~ 01/19/~11 eet, Apt No.; ........................... · ............. r --, 1 .......................... J · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. · Pdnt your name and address on the mveme so that we can ratum the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. X nt D. Is del - - )m~m 17 ~Yes ~ R~I~ ~ R~m R~]~ ~r Memh~di~ D In~ M~I ~ C.O.D. 1. ArficleAddresued to: 4. Restricted Delivery? (Extra Fee) [] Yes 2. .~'l~cle Number 7010 1670 0002 1228 6212 PS Form 3811, Februaw 2004 Domestic Return Receipt · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery la desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, ~[ on the front if space permits 1. Article Addressed to: [] Agent [] Addressee Delivery D. Isdalivery~ ? [] Yes If YES, e~ [] No 3. Set,ce Type [] C.,e~iffed Mail [] Express Mail r'3 Registered [] Retum Receipt for Memhandlse r-i Insured Mall I-I C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number 7010 1670 0002 1228 6205 , Ps Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 i · Complete items 1, 2, and 3. Also complete item 4 If Restrfcted Delivery Is desired. · Prfnt your name and address on the reverse so thet we can return the card to you. · Attach this card to the back of the rsailpiece, or on the front if space permits. A. Signature X?~ ~j~(~ r-lAgent I~l'~R~ceived by~)fnte~ N~e) lC. D~e ~ ~live~ 3. Se~lce Type [] Certified Mall [] Express Mall r'l Registered I-I Ratum Receipt for Memhandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (F--xtra Fee) [] Yes 2. Article Number Cr, ar, s~?~,m 7010 1670 0002 1228 6182 PS Form 3811, r-eDruary ZUU4 Domestic Return Receipt · Complete items 1, 2, and 3. Also complete ~ 4 if Rest~cted Delivery Is desired. · Print your narse and address an the reverse so that we can return the ~ to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: IVD A. Signature g. R~ceived by ( ~m~ N~e~ ~ ~ I C. ~te ~ Deliv~ 3. Service Type [] Registered [] Insured Mall [] Express Mall [] Ratum Receipt for Merchandise [] C.O.D. 4. Restricted Delivery? (Extra F~e) 2. Article Number (Transferfroms~ 7010 1670 0002 1228 6199 PS Form 3811, February 2004 Domestic Return Rsceipt []Yes 10101 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen 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 20th day of January1 2011. Principal Clerk Sworn to before me this LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY FEBRUARY 3, 2011 PUBLIC HEARINGS NOTICE IS HEREBY G1VEN, put'- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southotd, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road. Re. Box ]179, Southold, New York 11971-0959, on THURSDAY FEB- RUARY 3, 2011: 9.30 A.M.- MARY ANN PRICE 06447 Request for Special Exception under Chapter 280 45B181. Owner re- quests authorization to operate a flea market at: 730 Love Lane Mattituck,NY. SCTM#1000 140 2 18. 9'50 A.M.- WILLIAM C. GOGGINS and DONNA M. GOGGINS //6444 Applicant requests a Special Exception under Article III, Section 280-13B(131. The Applicant is the owner requesting authorization to establish an Accessory Apartment in an accessory structure at: 8755 New Suffolk Road (Fifth Street) (adi. to Great Peconic Bay) Ncw Suffolk. 10:10 A.M.- IRENE RUTKOWSKI ESTATE g644.~ This is a request for a Waiver under Code Article II. Section 280-10A. to unmerge land identified as SCTM #1000 115 2-13. based on the Building Inspector's November 16. 2010 Notice of Disapproval citing Zoning Code Section 280 ffiA, which states that the nonconforming lots merged until a total lot size con0mns to the current day of bulk schedule (minimum 40,000 square feet in this R 40 Residential Zone Dis trico this lot is merged with lot 12 to the west. at: 18525 and 18375 Route 25 Mattituck. NY. SCTM#1000 115-2-13 and 12. 10-,30 A.M.- $ EFF ANDRADE (adj. from I/6/1 lPH)Request for Vari- ance from Code Section 280 13 and 280 15 and the Building Inspector's Septem- ber 29,2010 Notice of Disapproval based tin an application for building permit to construction an accessory structure 11 proposed building is not accessory to existing structure, 2) accessory structure exceeding the maximum 750 sq. ft. al {owed per code: at: 43850 Main Rd. (SR 25 ), Peconic, NY. SC71'M#1000-75-6-4. 10'.50 A.M.- NANCY D. ARNZEN IRREVOCABLE TRUST 06446 - Ap- plicant requests a Special Exception under Article III, Section 280-13B(131. The Applicant is the owner requesting authorization to establish an Accessory Apartment in an accessory structure at: [45 Wavecrcsl Lane, Maffituck. NY. I 1:15 A.M.- JOHN and DANIELLA VENEIIS #6313 (Re-opened by Res olution to clarify the record) Requests for variances under Sect. 280-1161B) and 124. based on the Building Inspector's August 17, 2009 Notice of Disapproval concerning an application for demolition and a building permit for a new single family dwelling at; 11 less than the code required minimum setback of 75 feet from a bulkhead. 2) less than the code required front and rear yard setback of 33 feet, 3) less than thc code required combined side yards of 25 feet. 4) more than the code required 2{)% lot coverage (buildable area), 5) 280-a access, at: 2600 Takaposha Road, (adj. to Corey ffarbor) Southold: CTM 1000-87 6 4 11:15 A.M.- JOHN and DANIELLA VENETI$ #(096 (Re Opened by Res- olution to clarify the record) Requests for Variances under Sections 280-1 ffi-B and 280-124. based on the Building In spector's April 20, 2010 No0ce el Disap- proval concerning an application for re- construction and second floor addilion, which new construction will be: 1 ) less than the code-required minimum of 75 teet from the bulkhead, 2) less than 35 "-' CHRISTINA VOLINSKI NOTARy PUBlIC-STATE OF NEW NO. 01~V06105050 Qualified ~,-~ Suffolk County feet from the front lot line, 3) less than 35 feet from the rear lot line, 4) less than 25 feet for both (combined) minimum side yard setbacks, 5) exceeds the code limitation of 20% maximum lot cr}vcv age (building area). Location of Prop o ty: 2600 Takaposha Road, (adj. to Cotcy Harbor) Southold; CTM 10t10-87-6-4. 1:00 P.M. - REGINA'S GAR' DEN LLC 06388 - (Re opened from I0/21/10PH) Request for Variance from Code Sections 280 13 and 280-14, based on an application for building permil to operate a farm office in a non conlorm lng building, and the Building lnspec- toFs March 10, 2010, Notice of Disap prove] stating that the proposed usc. on this parcel in the AC zone is not per- mitted and exceeds the code permitted number of uses per the Bulk schedule. Location: 1150 Sound Ave., Maffituck. Adjourned from Public Hearing lan LANE HOLDINGS #6443 office at 16311 765 1809, or by cmaib 54375 Main Road {Office Lo~:ation) 53095 Main Road (Mailing/USPS) P.O. Box 1179 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME MARY ANN PRICE #6447 MAP # 140-2-18 VARIANCE SPECIAL EXCEPTION REQUEST BUSINESS USE AS FLEA MARKET DATE: THURS, FEB. 3, 2011 9:30 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 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 SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 MEMO TO: FROM: DATE: Planning Board Leslie K. Weisman, ZBA Chairperson December 27, 2010 SUBJECT: Request for Comments ZBA # 6447 PRICE, MaryAnn 1000-140-2-18 DEC 30 As confirmed with your office, the ZBA is reviewing the following application. Enclosed am copies 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 Variance Dateof PREPARER ZONE DIST Section Stamped OF SURVEY Survey PRICE, Mary Ann 140-2-18 6447 280-45B 8 Flea Market Sept 25, John Metzger 1985, May for Peconic 1, 2000 Surveyors, P.C. and revised May 11, 2000 Your comments are requested within 30 days of this letter. If desired, the file is available for review of additional documentation. Thank you. Encls. 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 December 27, 2010 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: ZBA File # 6447 Action Requested: Within 500 feet of: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Owner/Applicant: PRICE, MaryAnn Flea market in entire front lawn area. (X) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing er Proposed County, State, Federal land. (X) Boundary of Agricultural District (X) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Leslie ~ ZBA ~ BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 April 21,2011 Mary Ann Price P.O. Box 241 Mattituck, NY 11952 Re: Special Exception #6447 Dear Ms. Price: Transmitted for your records is a copy of the Board's April 20, 2011 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for a Special Exception. Before commencing any activities, final site plan approval is necessary. Please be sure to submit a copy of this determination to the Planning Department. If you have any questions, please call the office. Sincerely, Vicki Toth Encl. Cc: Planning, Building Dept.