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HomeMy WebLinkAbout4535Moore/McCarthy 70 Sp.EX.- /Offices -51020 Main Road 2 Southold, N.Y. 11971 8 #4535- P.H.-2/26/98 Q -124619g So b "I a�M � � 04 3- 3-oS 6P �3- 31 -oJ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF FEBRUARY 26, 1998 Appl. No. 4535 - WILLIAM AND PAT MOORE, CONTRACT VENDEES PARCEL ID: 1000-70-2-8 STREET & LOCALITY: 51020 Main Road, Southold DATE OF PUBLIC HEARING: February 26, 1998 REQUEST MADE BY APPLICANT: This is a request made by the applicants as contract vendees for a Special Exception to establish principal (primary) use of 877 sq. ft. of professional office floor area as shown on Plans dated February 4, 1998 prepared by Chorno Associates, Architects, Planners, Quakertown, PA. FINDINGS (PROPERTY DESCRIPTION): DESCRIPTION: This property is located in an RO Residential -Office Zone District, being situate on the easterly side of Main Road (a/k/a State Route 25), Southold. It contains a total lot area of 40,000 sq. ft. and is improved with a principal dwelling and accessory garage (ref. photocopy of survey prepared by Roderick VanTuyl, P.C. dated May 1984) submitted for consideration and made a part of the file. The February 4, 1998 Plan shows a total of seven parking spaces and two spaces in the accessory garage, for a total of nine parking spaces. A request is presently before the Planning Board regarding a possible waiver of the site plan requirements for this project, pending the outcome of the within ZBA determination. BASIS OF APPLICATION (CODE PROVISION): Chapter 100 "Zoning," under Article VII, Section 100-71B(2) which provides for principal professional office use by Special Exception issued by the Board of Appeals. REASONS FOR BOARD ACTION, DESCRIBED BELOW: 1. Professional offices and business offices are permitted in this R/O Residential Office District under Section 100-71B(2) of the Town Zoning Code, subject to special exception authorization of the Zoning Board of Appeals, and subject to the requirements imposed by such zoning ordinance to assure that the proposed use is in harmony with the zoning ordinance and will not adversely affect the neighborhood if such requirements are met. 11 1 Page 2 - February 26, 1998 Appl. No. 4535: 1000-70-2-8 (Moore) Southold Town Board of Appeals 2. 100-71B provides that not more than one use shall be allowed for each forty thousand (40,000) square feet of lot area. the principal use for professional and business offices with accessory storage are the only principal use proposed for the lot. The use and 40,000 sq. ft. lot size comply with the provisions of 100-71B. 3. The Board has considered the General Standards set forth under Section 1010-263 and finds that: A) The use will not prevent the orderly and reasonable use of adjacent properties in the adjacent R/O District, or in the R-40 to the east. B) The use will not prevent orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts; C) The safety, health, welfare, comfort, convenience, and the order of the town will not be adversely affected by the proposed use and its location; D) The use will be in harmony with and promote the general purposes and intent of the code; E) The use is compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regarding to visibility, scale and overall appearance. F) The structures, equipment and material will be accessible for emergency protection. 4. The Board has reviewed other matters to be considered under Section 100-264 and finds that no adverse conditions will result from this authorization. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Horning, it was RESOLVED, to GRANT the use requested in this Special Exception application SUBJECT TO THE FOLLOWING CONDITIONS: 1. The 15 -ft. driveway shall be designed and maintained to provide access and egress to Route 25 (Main Road) to prevent vehicles from backing out onto the Main Road. Page 3 - February 26, 1998 Appl. No. 4535: 1000-70-2-8 (Moore) Southold Town Board of Appeals 2. Site plan review, waiver or other authorization required by the Southold Town Planning Board. VOTE OF THE BOARD: TORTORA, HORNIN adopted (5-0). A S400 /Actions. all / 70- AYES: MEMBERS GOEHRINGER, DINIZIO, F 0 /etl' (°) LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, FEBRUARY 26, 1998 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, FEBRUARY 26, 1998 at the time noted below (or as soon thereafter as possible): 6:35 p.m. Appl. No. 4545 - RONALD J. YEDLOUTSCHNIG. Request for Variance regarding "as built" (existing) location of open deck addition for which an application for a building permit was disapproved by the building inspector on January 29, 1998 and which Disapproval reads as follows: "...under Article XXIV, Section 100-244B for non -conforming lots, the 'as built' deck addition will have a rear yard setback at 2716" +-. Lot areas of 20,000 to 39,000 sq. ft. require a rear yard setback of 50 feet. The existing dwelling has a present non -conforming setback of 42 ft. +-. Action required by the Board of Appeals...." Location of Property: 250 Jernick Lane, Southold. County Parcel ID 1000-70-3-17. Lot size: 20,586 sf. 6:40 p.m. Appl. No. 4546 - HERBERT SCANNELL and SARAH REETZ. Request for Variance based upon the February 2, 1998 Building 0 • Page a - Legal Notice Meeting of February 26, 1998 Southold Town Board of Appeals inspector's Notice of Disapproval (and Stop Work Order) regarding pending Building Permit No. 24471Z and reconstruction and replacement of single-family dwelling with nonconforming setbacks, Article XXIV, Section 100-242 (ref. setbacks under Section 100-244B) of the Zoning Code. Location of Property: 955 Cove Circle, Greenport; CTM #1000-49-1-16 and 17 (as one lot). Lot size: .69 of an acre. 6:45 p.m. Appl. No. 4538 - MICHAEL RAND. Request for Variances based upon the December 29, 1997 Notice of Disapproval regarding a building permit application to construct a three -car accessory garage, which reads as follows: "...Under Article IIIA, Section 100-30A.4 accessory buildings are to be located in the required rear yard. Since SCTM #1000-14-2-10 and #1000-14-2-11 also known as Petty Bight Subdivision Lets 12 and 13 have been merged as per owner's request, the proposed three -car accessory garage with storage above is located in the side yard of the principal dwelling. Location of Property: 1275 Bight Road, Orient; County Parcel ID 1000-14-2-10 and 11. Lot size: 85,115 sf. 6:55 p.m. Appl. No. 4541 - RUTH LEONARD. Request for a Waiver under Article II, Section 100-26 based upon the Building Inspector's January 7, 1998 Notice of Disapproval which reads as follows: "...Both parcels being located in an R40 Zone: Tax Map #1000-78-07-38 and 1000-78-07-39 are merged. These parcels do not meet with the exceptions as specified under Article II 100-25C... See attached Page 3 - Legal Noti• Meeting of February 26, 1998 Southold Town Board of Appeals determination by Town Attorney...." Southold, NY. 755 and 795 Cedar Drive, 7:00 p.m. Appl. No. 4540 - MELISSA SPIRO. Request for a Waiver under Article 11, Section 100-26 based upon the building Inspector's January 6, 1998 Notice of Disapproval which reads as follows: "...Both parcels being located in an R40 Zone, Tax Map Numbers 1000-110-06-05 and 1000-110-06-11.2 are merged. These parcels do not meet with the exceptions as specified under Article 11, 100-25C... Note: See attached determination by Town Attorney which states that lots are not excepted ...." Location of Property: 340 Glenwood Road and 295 East Road, Cutchogue. CTM Lot 11.2 of 40,000 sf. has a 1979 approval under Board of Appeals #2554 (Moebious Asssociates Minor Subdivision) . 7:05 p.m. Appl. No. 4543 - ALICE KONTOKOSTA. Request for a Variance based upon the Building Inspector's December 24, 1997 Notice of Disapproval which states that "...application dated November 17, 1997 for a permit to replace an existing dwelling is disapproved on the following grounds: the existing nonconforming building containing a nonconforming use if damaged by fire or other causes to the extent of more than fifty percent (50%) of its fair value shall not be repaired or rebuilt unless such building is made substantialy to conform to the height and yard requirements of the bulk schedule, Article XXIV, Section 100-242B-1. (Ref. all setbacks under 100-244 and 100-239.4A). 0 Page �% - Legal Notice Meeting of February 26, 1998 Southold Town Board of Appeals Location of Property: 54155 C.R. 48, Greenport, NY; Parcel ID #1000-52-1-2. 7:15 p.m. Appl. No. 4537 - REQUEST BY SOUTHOLD TOWN BUILDING DEPARTMENT dated January 6, 1998 for "Generic Town -Wide Interpretation" with the following questions: "Is a sculpture a "building" under the Code Definitions at Section 100-13, since a sculpture does not have a roof and will not be intended for shelter, business, housing or enclosing persons. Also is a sculpture excepted under Section 100-230 under "Exemptions," or do the height limitations of Section 100-33 apply...?" 7:40 p.m. Appl. No. 4466 - HAY HARBOR CLUB, Fishers Island, continued hearing at request of applicant's attorney. 8:10 P.M. Appl. No. 4535 - WILLIAM and PATRICIA MOORE as contract vendees. Request for Special Exception under Article IX, Section 100-71B(2) for principal offices (professional and business) at 51020 Main Road, Southold, NY; 1000-70-2-8. Zone District: Residential -Office. 8:15 p.m. Appl. No. 4536 - INDEPENDENT GROUP HOME LIVING PROGRAM, INC. (Verbatim portion was concluded on 1/22/98. Proposed Resolution to close the written portion of this record. 51550 Main Road, Southold, NY; 1000-61-3-1. r Page 'D - Legal Notice Meeting of February 26, 1998 Southold Town Board of Appeals The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above application or desiring to submit written statements before the hearing ends. The hearing will not start earlier than designated. The file is available for review during Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call 765-1809. Dated: February 10, 1998. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman KA -H zppr'`fo�,..t�ir L::t,1 TOWN OF SOUTHOLD, NEW YORKf�O'"O�`" APPLICATION FOR SPECIAL EXCEPTION Application No. Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: William D. Moore Esq. I (We), Patricia C Moore _._Esq. Of?oth ld NY 11 71 est once, use No. and Street 765-0043 am et ,Sae, tp o e, a Fephone Number) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE,,ARTICLE IX , SECTION 100-71 , SUBSECTION B (2) Residential Office (RO) for the below -described property for the following uses and purposes (and as shown on the attached plan drawn to scale): Professional Offices and business offices survey attached A. Statement of Ownership and Interest. McCarthy is(are) the owner's) of property known and rLferred to as 1 1971 —51 SCTM# 1000-70-2-8 ouse o.,intreet, am �oa Rutet identified on the Suffolk County Tax Maps as District 1000, Section jamBlock �, Lot (s 8 which is not (is) on a subdivision Map (Filed "Map of " Filed Map No. , and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on December 1997 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 therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: The property is over one acre, adjacent to a Professional Office (Dentist) and in character with other business and professional offices in the neighborhood. The property is located on the Main Road with sufficient land for on-site parking. C. The property which is the subject of this application is zoned RO and L ] is consistent with the use(s) described in the Certificate of Occupancy being v furnished herewith. [ X] is not consist.�.nt with the Certificate of Occupancy being furnished herewith for the following reason(s): House was residence [ ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORK) ss.: hf—Dore u Sworn to before me this AA day of DE"e, , 199-7.riciZ'� / �- MARGARETC.RUTKOWSKI ZB2 (rev. 2/6/86) NoteryPu kstateotNewyork No. 4982528 OudW in SuM County Commission Ezpkes June 3, 19 k, TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT FORM R OWNER N :�� E ACR 1 -y — -)11V s C ca 140X" 0-50?_0 S t W TYPE OF BUILDING RES. !SEAS. VL. FARM COMM. CB. mics. Mkt. Value LAND IMP. TOTAL DATE REMARKS .0 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM :re Value Per Value Acre -7ckeecJT Tillable r FRONTAGE ON WATER Woodland FRONTAGE ON ROAD 7 -9 -F -P Meadowland DEPTH A L) Housoayllot� ouso�— BULKHEAD Total DOCK COLOR TRIM N ► . .t- ski HBc ��y ME m mill I MEN III slon Milo Exten milmll mom Foundation Both Basement Floors Breezeway— 'Fire Place 'Type Roof �x�:'iw..yIL�".:7;r�'�`•`f''��"�iA ap�l�?!!4?.���':i����'j"�72vIn1.11��'.::�'?t, �`:.. R. .. 4-:n�:-ter-� - i 32 58 "6 IQ ------------- �NJ 5 Y iS•CQY � .- I J I ' m M J r'Li 1, 1 r Wlm i✓• 0 M ..�'.� m� sopm MY 'm��YIYLT- �m MrJm �Oa vll Y s�,� N. alw r cru o w �011M..q..1W.N .vM M f��ra wu.my r j y 5 i��� •_ PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. o Chairman H Z WILLIAM J. CREMERS • KENNETH L. EDWARDSJOl GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 17, 1998 MW 18:— Patricia C. Moore, Esq. P.O. Box 483 Mattituck, NY 11952 Re: Request for site plan waiver for Patricia C. Moore SCTM# 1000-70-2-8 Dear Ms. Moore: to Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, March 16,1998: WHEREAS, Patricia & William Moore are the contract vendees of the property known and designated as SCTM# 1000-70-2-8 located on Rt. 25 in Southold; and WHEREAS, a professional office is a permitted use, by Special Exception in this Residential Office (RO) zone; and WHEREAS, the Zoning Board of Appeals granted a Special Exception on February 26, 1998; and WHEREAS, the professional office would require nine parking spaces; and WHEREAS, provision has been made for nine parking spaces, including a handicapped space; and WHEREAS, the handicapped space will be paved and bumper stops will be installed in the parking lot; and WHEREAS, and examination has been made of all uses and the existing parking was determined to be adequate for all uses; and WHEREAS, any violation of the conditions of this resolution may be grounds for rescinding this waiver; be it therefore Page 2 Site pian waiver for Patricia Moore March 17, 1998 RESOLVED, that the Southold Town Planning Board grant a waiver of site plan requirements. Please contact this office if you have any questions regarding the above. Sincerely, Bennett Orlowski, Jr. Chairman cc: Building Dept. Zoning Board of Appeals Ed Forrester, Director of Code Enforcement COUNTY OF SUFFOLK ROBERTJ. GA SUFFOLK COUNTY STEPHEN M. JONES, A.I.C.P. DEPARTMENT OF PLANNING - DIRECTOR OF PUNNING March 10, 1998 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county -wide or inter -community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Sacker, Donald 4527 Pascale, Duane 4531 Shawn & Dawn 4532 I'lliams, Dore, William & Patricia 4535 Scannell (Herbert) & Reetz (Sarah) 4546 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G Newman Chief Planner GGN:cc C:1111CCIZONINMONING\WORKINGLDSVM %SD4527.MAR 1'10 RARRD ORIVF IS P.O. BOX 6100 0 HAUPPAUGE, LONG ISLAND, NV 11788-0099 0 (516) 853-5190 ■ FAX (516) 8534044 . gpff0(,��o 0 to Z oy Ol�� OFFICE OF BOARD OF APPEALS 53095 Main Road. Southold, NY 11971 (1-516) 765-1809 tel. 0 (1-516) 765-1823 fax .. 41•. .. . •1. . _ - . - W. - AR . • . . . -11 .. R. .. - .. • • 1• _1 1. ... •1111 Y 11 Variance from the Zoning Code, Article , Section Variance from Determination of Southold Town Building Inspector X Special Exception, Article IX Section 100-71B(2) Special Permit Appeal No:Applicant: William & Patricia Moore Location ofq Affected Land: 20 Main Road, Southold, N.Y. 11971 County Tax Map Item No.: 1bb�- 70-2-8 Within 500 feet of: Town or Village Boundary Line Body of 'dater (Bay, Sound or Estuary) X State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area . Existing or Proposed Right -of -Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission.. to RO Zone. S pecial _Fxna➢3on- Offices Copies of own rile and related documents enclosed for your review. Dated: Fohruary 5- . 1998 i APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning foC. SUFFOIA, co y� NZ 490" BOARD OF APPEALS TOWN OF SOUTHOLD FAX TRANSMISSION to 298-5664 Mr. and Mrs. Moore & Moore Mattituck, NY William Moore 11952 March 2, 1998 Re: Appl. #4535 - Special Exception Dear �,c a -md-Mr-IVIPs- re: LI Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Enclosed please find a copy of the Appeals Board's determination adopted at the Board's February 26, 1998 meeting. You may wish to return to the Building Department as a follow-up for a new Certificate of Occupancy for the new use. Best wishes to you in your new location! Very truly yours, c / e Linda Kowalski Attachment (2/26/98 Decision) Original Decision filed with Town Clerk's Office 4 06 Page 3 - February 201998 Appl. No. 4535: 1000-70-2-8 (Moore) Southold Town Board of Appeals 2. Site plan review, waiver or other authorization required by the Southold Town Planning Board. VOTE OF THE BOARD: TORTORA, HOR adopted (5-0). rsr►■ssr■s**rs*rs AS400/Actions . all AYES: MEMBERS GOEHRINGER, DINIZIO, Page 3 - February 2*998 • Appl. No. 4535: 1000-70-2-8 (Moore) Southold Town Board of Appeals 2. Site plan review, waiver or other authorization required by the Southold Town Planning Board. VOTE OF THE BOARD TORTORA, I adopted (5-0). ************** AS400/Actions : AYES: MEMBERS GOEHRINGER, DINIZIO, Tov n Ci ,-k, Yo"' -'n of ou.ti.oid �, ✓-IRK W/� S -IRa� le(delw�) if -r3 PIAV[ING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD =moo" OFFOUr OG C3 N Z l� Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516)765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD— FEB 2 5 ' TO: Zoning Board of Appeals �J FROM: Robert G. Kassner, Site Plan ReviewerA RE: Request for comments from the ZBA DATE: February 24, 1998 The Planning Board reviewed your request for comments at yesterday's work session. Please find the Boards comments in regard to the items scheduled on the Zoning Board's February 26, 1998, meeting below: R. Leonard SCTM# 1000-78-7-38 & 39 The Planning Board does not have any records on this property. M. Spiro & Others SCTM# 1000-110-6-11.2 & 5 The Planning Board has a file showing the approval on November 8, 1979, of a three lot minor subdivision. Lot # 11.2 is lot # 2 in this subdivision. T. McCarthy SCTM# 1000-70-2-8 The Planning Board had received a request of site plan waiver from the contract vendee, (Patrica & William Moore). The Board has agreed to the waiver request if the applicant will pave and mark the handicapped parking space and install bumper stops in the parking lot. a P A A 0 T. Petikas SCTM# 1000-35-1-8 6 The Planning Board has a file on this applicant. The file references a Zoning Board action of August 22, 1985 & Planning Board correspondence regarding a preliminary site plan. Tonyes Realty Corp. SCTM# 1000-61-4-23 The Planning Board does not have a site plan application for the proposed addition. This is a non -conforming use in the Hamlet Business (HB) District. The Zoning Code does not allow a non -conforming use to be enlarged. Section 100-241 (A.) of the Zoning Code specifically states that a non -conforming use may continue indefinitely, except that "(it) shall not be enlarged, altered, extended, reconstructed or restored... nor shall any external evidence of such use be increased by any means whatsoever." The Planning Board is not in favor of this request. Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing TO: FROM: DATE: SUBJECT: 0 11 BOARD OF APPEALS TOWN OF SOUTHOLD INTER -DEPARTMENTAL MEMORANDUM { X } Planning Board { } Building Department { } Town Trustees Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 J. Goehringer, Chairman, Board of Appeals February 23, 1998 Request for Confirmation of PB Action History and Preliminary Comments Please confirm whether there is any history of action(s) by the Planning Board for the property identified below, or any part thereof: 1000-78-7-38 and 39 currently of R. Leonard 1000-110-6-11.2 and 5 currently of M. Spiro and others 1000-70-2-8* currently of T. McCarthy 1000-35-1-8* currently of T. Petikas 1000-61-3-23* currently of Tonyes Realty Corp. Also, please furnish communications of record that applicants* may have had with respect to the general site plan layout and possible changes to parking location discussed or any other areas which would assist in this planning project. Thank you. Enclosures: Copies of preliminary maps for the above applicants*. ThorT� J. CCarthy Real Estate, Inc. 46520 Roufe 48, Southold, New York 1 1971 (516) 765-5815 (516) 765-5816 FAX Zoning Board of Appeals Southold Town Hall Main Road Southold, New York 11971 Re: Dear Chairman Goehringer: 51020 Main Road; SCTM #1000-70-2-8 In connection with the application filed by Patricia C. Moore and William D. Moore for Special Exception for a professional office/business office in an RO Zoning Use District for the above -referenced premises, please be advised that: 1) the undersigned are the owners of the subject property; and 2) Mr. and Mrs. Moore, as contract vendees, are authorized to file and pursue the above -referenced application. Inasmuch as the turnaround time for filing of deeds is approximately 6 weeks, and we took title approximately 5 weeks ago, we have not yet received the recorded deed. However, Cathy King at Commonwealth Title (727-7760) handled this transaction and is today faxing to me a copy of the deed as it existed at the time it was recorded. I will fax same to you immediately upon my receipt thereof. Kindly contact us if you require any further information from us in this matter. Thank you. Very truly yours, �J 0 J� Daniel T. McCrthy, Esq. Joseph P. McCarthy cc: Patricia C. Moore False ,v.ve Fvvelra.lve. waM 6•w.rrw Irw.t.riwrw..r e.a.a.TV rte. tea. illlg earrm"'W f1laas to N* ONSI LT YOU txwm faroat 516"No Tt1111 tte alrTaaraar' velite 22nd dyy of Deceaker . ninaraa hwW-6 and • at 2051 Rootg 7, after", Now Y LOU151 C. MCGORD. refitting 12502 /95re the he A red taonte t of We of p u cuwr d CIAMI ytytquSR, g/k/. Aubrey llm weYor 11 Tenn of Southold. Suffolk County. *fu TO m'natan hwdred rut "tasty a.an Of. died an W 2nd dry of March Pay d IM gat Pam and r •a tenant* JOSc►R Y. McGARTMY. THOMAS J. Mt'ARTHIado ANirlat. Mc0lk Mo.In tattoo", '6520 Route 65, Southold, Party d the .feed Part. later. VfgfN(b1' m that the PaeY d tht gar Pan, to to Su[ to is WAY, New Yark oaonasnsry �= head b the 5urrarte: Cosa. and mnlwtity civet in b saki I'm will Jana l7, 1517 and 6y yiaec d da Yawn an Attic' I3 d the yatalri. ut Of O and Tanta I . and in randdanuioa dg106. 760.00 and tp eaCafL a"d/ar b 1 ddlaa, one hundred sic thousand throe hundred n¢� dil tya maA pdg"f d d Pert. dal __- the asks, rt. aoda 0, ally d the toad prt. the drtrtbetap ate "'Ce"O's w pat forever, ""t arois pl t Vim or Parai 411" with the ►yndiftV and a P avtra N lytet fed tdeg rife r", Of lane, with t ALL chat ttartain Plot, Piaaa or 1 atg Irilq K lapreurasnU thereon aia f Satolk StAs"at, of14pYork, eW Todn of Southold. CotIIrtY Oat by lad of SWthold Oman Trs Su h fin, 73Y� of foorsarlY Of M wouiC; Std jlaat by 11a1i South tors or lees, the alnrsasid Pr Fry sKtletion ate air, particularly bmi teed and dssoribad as tollgrs• RLL Wt certain Plot, P1a0e or Parol of land. aftwts, the lbWa of SM"Old, county of aiffolk and stab of tier described As t0110": ptGISSIIab at a point an the eaateaasterlyrly d ride of Maid northerly wnr as fdld alone CM thsriy side of Jed forted by the intarseetton at err tear rho eptaffy aide of Win Road; iRJW4G TKVWZ ROrth 17 eAWM* 16 aiautes 00 ."tondo eget el "tart ai Win Sold 72;.57 feet to 1+md nou or forNOT1y Of rf"s; g*VC'R South 77 dagrae* 26 WrAitas 10 aatord e 4set elute" Ohs SCAM Iand , 712.68 f.et to laid nor of Tora"' of Mian %roe 5; TMBRLt Stwth .i ,"grana N limit*,* 10 net mit" Want ala" lett, 116.79 feat to 1anA rote or torfarly of oulllmrt; arta 26 anon" 10 Boards Wsat slag I iMnnd,r7 6r 69 fast th 78 " rho onstarly aide of Win Soda thetmiffltag bq,4 gram std M of the awed r grated. meat.. r buildings stat epuftld, In the dd lbrth by laird Sdool Distract; Stood, containing Rasp 21eft" "Ors JLwr andt einstmied an Usi ta 7.7.0 feet A from the cor"Of b creek Drive and t7n0 the sastsrly last sartiphal 1 Dietr-Ct 00 - last lentloned last eediOTrd nt. of plats Of FEIMG trA same premrees `*AM Yed by 6ltrabrtb S. Wriest, Carol Glover, and Core a. Stoll to Clayton W@Y%Mth by deed dated July 6, 1964, and reagfdad 1n t= Suffolk CM=y Clerk's office on July 19. 1964, in Ubwr 9602 of Seeds, pegs 264. 'L`w premlew are not In an Agricultural d,ntrict end the parcel is entirely oaud by the tramterrors. A TOGEIMM sigh all right, title and isteroe, if any, at the PINY al the first psi he and is my frR" and • ndM admitting the above dnaribd pranisn to the teeter linea dwreol, TOGfTMM wide gen appurtwnen, and also all IN a", wahh it, said dwedeae had a the Nae Of deeadme, Math in said pflnisn, and also the "late therein. whkh the party Of the dna pact has an has power in MM m deposit of, 0.6her helividvaDy. or by Anus of read will or otherwise, TO HAYL AND TO HOLD the premise, hem" gnnrad unto the parry d IN seI WL IM diestobaaas or r.eeseoee rnd see rem a1 ON pang of %M eteaad per brevet. AND IN part/ el she Mat par earanem• the% tlw bony of IN it., yaw Iw net dant or suffered anyrhing wlwrclq' the said p rmiva lues been Ineum%ered in arp way wNt..r. meant u sfarewd. AND nta psry a1 *K hnl p+n, its eompGan v win Seainw 13 of she Lien law, N,ongau Ilia% the party of Jw :veer pan will raeeiv r the nm%identlon for Im. eanveyante and will hold the rlghe to twelve tach aeluidnatioe ... a %.w., awed to is applivl first for, she pnpose al M).lpg the cap of IM ,mpeasaraent and wig apply the Own fir" to rhe peynwnt of the Inert of she appeavewwtn before osis( my pan al the need a1 the same ler any .that plrpao. 'rlw wird "fanj - slop he Nnntrued as If It read "police' whem"t the mw of this lndmtnn eo reev6ea Ire WRTf W VAjERgW• be parry of the lint Mn hu duly e.,.I d this dead the day and Petr first above ,velatn. In var!app sir i - LOUISC C. Ma GaaD. CWIN la 112�11L N7 11: J. 'OS1U ilii nib ' � i1V 9111gJ{Yl atATa a Maw soteb Comore of Dbtcbese r As rye , Q ne6j at December 19 97, bdmn use 9aasaeY bale 7.Oulse C. McCord, Individually and as executrix and the 9190%1 Of Clayton Veyeouth a me !semen to be the ia6rldal dmtvibed in ad .he doomed the IanFlet vWWoot, and atlmonddted tun ,he execoed the os pt,Tle m MOn114en Mmaary Petl.e. Tu14 n 41w 4'e Na a7tb07e rnrm- Qe,1NMd •n ONen.a t/Nx4aAen limns Jvh )a • ,L:.'U 4Tdw a taM Tom calmly Of r b the day of 19 , tebee as Personally tae tow baamR wba, brat by a ddy tome, did dooms and my do he taidem at N !hot he Is the d . the mtpwTtlsa dgt+ad Is ud *a s ulestd the f umbo t d ou*I ow tot ed to saw the ed t old e)rtlwadal dei the matt'"!Road aadrmxe � d weo a e scom td a ee mat- Vas. ^d dim be dpod b aims &a Ito by bu order. extador'9 acro Tarts No. 9aofsm C. McCord. 9aaeutrim of the estate of Clayton Veyeaath m Josapb P. McCarthy, Ttls o J. McCarthy, and Denlel T. McCarthy, n tehants to caaaen LdL I a7dMI A emw AM6 tDenmiT a We Oa do day of 19 , hdan m pamady am a and hope w be da ib"dual tldtvn a ad -100 se d ttma ettnetdfetvt dW iaetremehC bbd mmomm STAN a Maw Tom ieteen a ea Oa the Ly of 19 . bdm a petwn2y, mat time wbw,,* rlwnre to dw to I bmwewb I'M bg soots. did depme rd q � twtbna�t N a dul� tiet be home, a be gee bffiv" described is ad oho utsattM as twetaloi ttWata; dei be. aid toburaie9 d®S oda yelam and deo damaged the wom ad Use bd. mid oieq M gee most doe mmrihed b sass sa alta ansa aanud ,sora ode abwen a Ibbs Awunm a At tltsmM el tata9M R mad To Joseph P. MaCarsity, Dantel T. McCarthy and Tbeae J. McCarthy 46122 events N sovthola, art 11971 ho Nom. FOLLOW-UP and UPDATI? FOR YOUR RECORD: TO: All ZBA Members FROM: ZBA Chairman via ZBA Office DATE: j a� . 1 O 1999 Attached is an (original) of (new information added to the original Town ZBA file) re: Pending Application of P. t 13. ;YW m-�--"�" Other Comments: p # of Pages Attached: �3 ) Placed in Members' office mail boxes for update on l 16/09 by Board.Trans 1 ' I J. I I I � I �I 1 l I b h i zc4oe" 6C + 10 1 a` b 0 � a P a IM /A/ RaoD b L r. ,y w;ae „a ry k! t i j1 f d� w � ct.otlCr v } ,.: }Ysf b L r. ,y w;ae „a ry k! h OiFiCE Fb PElcn:i-v e SECOA.o Fl-loo,2, �Vb1% OFFICE FG PG,c�titiW <? __ F/asT FGm,e. 0 V h A Lr X f � � h cbNFCRENCE "i ia'A%�•h Af h if eeri u 4 V ti: ip €F s x rk 9 i r rE , i y wa 70 s� SECRETdRj <? __ F/asT FGm,e. 0 ti 15r -doe 1 V h A Lr X f h �� 5d i 1 y t� yr3 t+ d V ti: €F s x rk 9 i r rE , i ti 15r -doe 1 O 6 M /A/ 0 0 BY HAND PATRICIA C. MOORE Attorney at Law 315 Westphalia Road P.O. Box 483 Mattituck, New York 11952 Town of Southold Zoning Board of Appeals Southold Town Hall 53095 Main Road Southold, New York 11971 7 Tel: (516) 298-5629 `' z Fax: (516) 298-5664 February 25, 1998 Re: William D. Moore and Patricia C. Moore Hearing: February 26, 1998 Dear Ladies/Gentlemen: Enclosed please find the following for the above referenced matter: 1. Affidavit of Mailing with five receipts for Certified Mail and three Return Receipt cards 2. Affidavit of Service by Hand 3. Affidavit of Posting If there is anything else you require, please do not hesitate to contact me. Very truly yours, ?riciaC. Moore PCM/mr Encls. i BOARD OF APPEALS:TOWN OF SOUTHOLD In the Matter of the Application AFFIDAVIT of William D. Moore and Patricia C. Moore (Name of Applicants) -------------------------- --------t - AFFIDAVIT OF MAILING AND POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore, residing at Terry Lane, Southold, New York, being duly sworn, depose and say that: 1) On the day of , 1996, I personally mailed, by certified mailreturn receipt requested, a true copy of the attached Legal Notice, addressed to Baca of the following named persons at tae addresses .set opposite their re.,spective names, that the addresses listed below are those shown on the current assess- ment rolls of the Town of Soutilold; that said Notices were mailed at the United States Post Office to each of said persons by c_r rLea mail, return receipt requested: Name of Surroun ; LC Property Owner _ailincr Address 2) On the / 3r(- day of R_U__`v _0 , I perscnally posted the prover__, ideaefied as District 1000, Seccon 70 - Block 2 Lot 8 by piacing rye '7_'own's oil tial pester ten (10) _eet or CiOSer, :rOm the pronerf7 lice I3Ci1g the S�.uct (or facing the ^_g1t-oI-way) , and that i lave checked to be Sure the poster has remained in place for seven '•nil days prior to the iieid date of 'We pubdc hearing (date of heanln-a noted the -p to - Feb. 26, 1998). -w n to bef re me this (Sig anY-e) � or_ � - c /3TH day of FE6 • _ 9 . NOiar. _'_zz,' MARGARETC.RUTKON„Rl Notary Pd)k Slate of New Vor!c No. 4982528 ojdW in Suffolk County Commission Expires Jura a, 19 9 9 Or .he cE..ce c- 3cz:c -= 3=teals wren c=cr:ec_ • i § 58-1 NOTICE OF PUBLIC HEARING § 58.1 Chapter 58 NOTICE OF PUBLIC HEARING §58-1. Providing notice of public hearings. [HISTORY: Adopted by the Town Board of the Town of Southold 12-27-1995 as LL. No. 25-1995. Amendments noted where applicable.] § 58-1. Providing notice of public hearings. Whenever the Code calls for a public hearing this section shall apply. Upon determining that an application is complete, the board or commission reviewing the same shall nz a time and place for a public hearing thereon. The board or commission reviewing an application shall provide for the giving of notice: A By causing a notice giving the time, date, place and nature pf the hearing to be published in the official newspaper within the period prescribed by law. B. By requiring the applicant to erect the sign provided by the town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application abuts, giving notice of the application, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than ten (10) feet from the property line. The sign shall be displayed for a period of not less than seven (7) days immediately preceding the date of the public hearing. The applicant or his/her agent shall file an affidavit that s/he has complied with this provision. C. By requiring the applicant to send notice to the owners of record of every property which abuts and every property which is across from any public or private street 158-1 SOUTHOLD CODE § 58-1 from the property included in the application. Such notice shall be made by certified mail, return receipt requested, posted at least seven (7) days prior to the date of the initial oublic hearing on the application and addressed to the owners at the addresses listed for them on the local assessment roil. The applicant or agent shail file an affidavit that slhe has complied with this provision. BOARD OF APPEALS: TOWN OF SOUTHOLD ----------------------------------------------------X In the Matter of the Application Of AFFIDAVIT FEB 2 6 William D. Moore and Patricia C. Moore ------ ---____--- ---------------------------- —--------- X STATE OF NEW YORK . COUNTY OF SUFFOLK : ss.: I, Patricia C. Moore, residing at Terry Lane, Southold, New York, being duly sworn, depose and say that: On the 13th day of February, 1998, at 2:20 pm at 315 Westphalia Road, Mattituck, New York, I personally hand delivered a true copy of the attached Legal Notice, to David Pascoe and Bonnie Pascoe. atricia C. Moore Sworn to before me on the 13th day of February, 1998 MARGARET C. RUTKOWSKI Notary Pubk State of New York No.4982528 Cualillad in Suffolk County Commission Expires June 3.19` el 3OARD OF APPLILS:TOWN OF SOUTHOLD In the Matter of the Application of William D. Moore and Patricia C. Moore (Name of Applicants) AFFIDAVIT 2 6 AFFIDAVIT OF ? AILING AND POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Margaret Rutkowski, residing at Theresa Drive, Mattituck, New York, being duly sworn, depose and say that: 1) On the 12th day of February , 1998, I personally mailed, by certified mail. return receipt reauested, a true copy of the attached Legal Notice, addressed to each of the following named persons at the addresses .set opposite their respective names, that the addresses listed below are those shown on the current assess- ment rolls of the Town of Southold; that said Notices were mailed at the United States Post Office to each of said persons by certified mail, return receipt requested: Name of SurroundinZ Property Owner 14ailin�C address Jane Franke P.O. Box 174, Southold, NY 11971 John Mavrovic 151-72 21st Avenue Whitestone NY 113.57 Mr. & Mrs. Best 265 Jasmine Lane, Southold, NY 11971 Mr. & Mrs. Anasagasti P.O. Box 414, 360 Jasmine Lane, Southold, NY 11971 Southold School District 420 Oaklawn Ave., Southold, NY 11971 2) Ca the day of 199 , I personally -cs:ed the proper=, idennsied as District 1000, Section , Block Lot by piac_ng the Town's official poster ten (10) feet, or ^_:oser, from the proper77 line facing the street (or facing ttie rigilt-of-way) . and that I have checked to be sure the poster has remained in place for seven full days prior to the date of t::e public hearing (date of �hear•:nz noted therson to be heid =007)• / _ L /f% /1 A Sworn to before me this ILsi7 at re 13th 2': of Feb. otary ?'.tzlc (?!ease =e=_ a c?:= e c: _::e N0agPdit9MMd!MwY&k SulfotCounty-Na IM1A69 OewiaN�bn 6pin� Nuw 14 1 9 g 3card _. ?-ceals wren cc=le=ad. 1 '98 10:50 SOUTHOTOWN ACCOUNTING Page -/- Legal Notice Meeting of February 26, 1998 Southold Town Board of Appeals Location of Property: 41000-52-1-2. r] L 54155 C.R. 48,, Greenport, NY; 7:15 p.m. Apel. No. 4537 " REgUEST BY SOUTHor n TOWN BUILDING DEPARTMENT dated January 6, 1998 for "Generic To Irate retortion" wn-ode with the following questions: "Is a sculpture a "biding" under the Code Definitions at Section 100-13, since a sculpture does not have a roof and win .not be intended for shelter, business, housing or enclosing persons. Also is a sculpture excepted under Section 100-230 under "FF.xemptions," or do the height limitations of Section 100-33 apply,,,?tr 7:40 P.m. Apps. No. 4466 - 11AY HARBOR CLUB Fishers Island, continued hearing at request of appiicmnt's attorney. L51028:10 p,m. Appl. No. 4535 - WILLIAM and PATRICL9 MOORE as o ntract vendeial es. Request for SpecException under Article IX, ction 100-71B(2) for principal offices (professional and business) at Main Road, Southold, NY; 1000-70-2-8. Zone District: sidential-Office. 8:15 p.m., Appl. No. 4536 - INDEPE.'ViiE V'I' C ;iG[;P HOME LIVING PROGRAM INC. (Verbatim portion was concluded on 1/22/98. Proposed R esolution to •Close the written portion of this record. 51550 Masa Road, Southold, NY; 1000-61-3-1, A r 0 OFFICE OF BOARD OF APPEALS 53095 Main Road Southold, NY 11971 (1-516) 765-1809 tel. (1-516) 765-9064 fax. ++++++++++++++++++++++++++++++++t+++++++++++++++++++++t++++++++++t++++ February 10, 1998 Mr. and Mrs. William D. Moore 370 Terry Lane Southold, NY 11971 Re: Application for Special Exception Hearing Date: February 26, 1998 Dear.andsMoare— Pease find enclosed a copy of the Legal Notice which will be published by our office in the next weekly issue of the Long Island Traveler. Under the requirements of Chapter 58 of Town Law, we are requesting that notice of the hearing be sent at this time by certified mail, return receipt requested, to the all surrounding property owners. These mailings should be postmarked by 2/16 and forwarded to all owners of vacant or improved land across streets and along sides abutting the subject land. Please also post the sign (enclosed under separate cover) within 10 feet of the front property line facing the street, for a period of seven (7) days, starting 2/18 or earlier. If the sign is worn or removed due to adverse weather conditions, please stop by to pick up another sign. The sign is required by code to remain for a full seven days. Once you have received the green cards, please return the following: a) completed Affidavit of Mailing and Posting: b) postmarked receipts from the post office showing the date you mailed the notices by certified mail; c) green signature cards once they have been received (you may return these to us during the hearing, or before) . Page 2 - February 10, 08 Re: February 26, 1998 Notice If you have questions, please feel free to call. Very truly yours, Office of the ZB4 Enclosures (legal notice by fax) lnag.98/appl.ln Fax and Regular Mail 11(?f-5-/'&'/- NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code LEGAL NOTICE SOUTHOLD TOWN j BOARD OF APPEALS lowing applicationwill be held THURSDAY, forpublichearing by the FEBRUARY 26,1998 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the fol- lowing applicationwill be held forpublichearing by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold,' New York 11971, on i THURSDAY. FEBRUARY 26. 1998 at the.time noted below (or i as soon thereafter as possible): e RONALD'J.py DLOUT-'`-three-car accessory garage'; SCHNIG. Request for Variance which reads as follows. ".:.Un- regarding "as built" (existing) der Article IIIA, Section 100 - location of open deck addition 30A.4 accessory buildings are to for which an application fora be located in the required rear building permit was disapproved yard. Since SCTM #10000 -14 - by the building inspector on 2-10 and #1000-14-2-11 also January 29,1998 and which Dis= known as Petty Bight Subdivi- approval reads as follows: "... un- sion Lots 12 and 13 have been der Article XXIV, Section 100- 111er'ged as per owner's request, 244B for nonconforming lots, the proposed threecaraccessory the 'as built' deck addition will garage with storage above is lo - have a rear yard setback at catedinthe side Yard oftheprin- 27'6"+-. Lot areas of 2.0,000 to cipal dwelling. Location ofProp- 39,000 sq. ft. require a rear yard erty: 1275 Bight Road, Orient; setback of 50 feet. The existing CountyParcel ID 1000-14-2-10 dwelling has a present noncon- and 1 L Lot size: 85,115 s.f. forming setback of42 R +-, Ac- 6:55 P.M. Appl. No. 4541- tionrequiredbythe Board ofAp- RU THLEONARD Requestfor peals..." Location of Property- a Waiver under Article H, Sec - 250 Jernick Lane, Southold. tion 100-26 based upon the . County Parcel ID 1000 70-3-17. Building Inspector's January 7, Lot size: 20,586s.f. . 1998 Notice of Disapproval 6:40 P.M. Appl. No. 4546- which reads as follows: "...Both HERBERT SCANNELL and parcels being located in an R40 SARAH REETZ Request for Zone: Tax Map #1000-7"7-38 Variance based upon the Febru- and 1000-78-07-39 are merged ary 2, 1998 Building Inspectors These parcels do not meet with Notice ofDisapproval (and Stop Work Order) regarding pending the exceptions as specified un - der Article IL 100-25C... See at - Building PermitNo. 24471Z and tached determination by Town reconstruction and replacement Of single -fancily dwelling with Attorney..." 755 and 795 Cedar Drive, Southold, NY.. nonconforming setbacks, le XXIV, Section 100-242 (ref. set- 7:00 p.m. APpL, No. 4540- MELISSA SPLA. Request for backs under section 100-244B) a Waiver under Article II, Sec- of the Zoning Code. Location of tion 100-26 based upon the Property: 955 Cove Circle, building Inspector's January 6, Greenport CTM #1000-49-1-16 1998 -Notice of Disapproval and 17 (as one lot). Lot size: .69 which reads as follows: ".:.Both of an acre. parcels being located in an R40 6:45 p.m. Appl. No. 4538- Zone, Tax Map Numbers 1000 - MICHAEL RAND Request for .110-06-05 and 1000-110-06- Vanances based upon the De- 11.2 are merged These parcels cember 29, 1997 Notice of Dis- do not meet with the exceptions approval regarding a building as specified under Article II, Permit application to Construct a 100-25C... Note: See attached 0 COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia C. Lollot, being duly sworn, says that she is the Production Coordinator, of the TRAV- ELER WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the no- tice of which the annexed is a printed copy, has been published in said Traveler Watchman once each week for / ........................................................../..weeks 1•1r.+mmPnrin¢ nn the ....(C-1 acWminanon by Town Attorney which states that lots are not ex. cep ted..",Location of Property: 340 Glenwood Road and 295— 12 oof 0,000 s £�hasCa 19791 approval under Board of Appeals #2554 (Moebious Associates MinorSubdivigin i i:v.) P.M. Appl. No. 4543- ALICE KONTOKOSTA.' Re- quest for a Variance based upon the Building Inspector's Decem-: ber 24, 1997 Notice of Disap proval which states that"...appli- cation dated November 17,1997 for a per to replace an exist- ing dwelling is disapproved on, the following grounds: the exist ing nonconforming bur7diag con_ twining a nonconforming use if damaged by fire or other causes to the extent of more than fifty percent (50"/6). of its fait value shall not be repaired or rebuilt unless such building is made sub- stantially to conform to the height and yard requirements of the bulk schedule, Article XXIV, Section 100-242B-1. (Ref. all setbacks under 100-244 and 100- 239.4A). Location of Property: 54155 C.R. 48; Greenport, NY; Parcel ID #1000-52-1-2. 7:15 p.m. AppL No. 4537 REQUEST E! SOUTHOLD TOWN BUILDING DEPAR NT T- MEdated January 6, 1998 for "Generic Town -Wide Inter- pretation" with the following questions: "Is a sculpture a "building" under the Code Defi- nitions at Section 100-13, since a sculpture does not have a roof and will not be intended for shel- ter, business, housing or enclos- ing Persons: Also is a sculpture excepted under Section 100-230 under "Exemptions," or do the height limitations of Section 100-33 apply.?" 7:40 p.m. Appl. No. 4466- HAYHARBORCLI Fishers Island, continued hearing at re- quest ofapplicanes attorney. - 11 8:10 p.m. Appl. No. ,4535 - WILLIAM and PATRICIA MOORE as contract vendees Request for Special Exception under Article IX, Section 100- 71B(2) forprincipal offices(pro- ) ffices(pro- ) at 51020 Main Road, Southold, NY - 100 -70-2-8. Y;1000-70-2-8. Zone District: Reside5ntid-Office. , " gdp.m. Aool: No: 4536- INDF.`0* 3d -T,., r.Dnrrn was 00710non to cl the written 4 o on of this; recd .51550 Road,SoalhoKWY;1000- 61-3-1 . . TheBoaidofAppeah willatsaid time and place hearnay an all per saw or represenagim desiring to behandintbeabove licationor deshigb�wril� before the hearing ends. The hear- ing will not stat earlier than desig- noted The Se it available for re. view during Town Hal busum hours (84 pm.). Ifyow have ques- tiaas, please do not hesitue to call 765-1809. - ' Dated: February ry 10; 1998. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS - GERARD P. GOEHRINGER, Chairman 1X-2/12/98(19) Ko ZogE NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, • Southold, New York, concerning this property. OWNERS OF RECORD: T Mc aiert4 (C,, �uc�' eC5 U� VCM W. + P. �,� D KE -I DATE OF PUBLIC HEARING: • I o IM If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF APPEALS •TOWN OF SOUTHOLD 9 (516) 765-1809 0 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER y tl 0 CA Z E OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 4535 DATE: DECEMBER 26, 1997 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax(516)765-1823 Telephone (516) 765-1800 Transmitted is application for a special exception submitted by William D. Moore E Patricia C. Moore together with Disclosure Form; and Short Environmental Assessment Form. Judith T. Terry Southold Town Clerk 0 PATRICIA C. MOORE Attorney at Law 315 Westphalia Road P.O. Box 483 Mattituck New York 11952 Tel: (516) 298-5629 Fax: (516) 298-5664 December 23, 1997 BY HAND Zoning Board of Appeals Southold Town Hall Main Road, Southold NY 11971 Re: 51020 Main Road, Southold SCTM #1000-70-2-8 Dear Chairman Goehringer; Margaret Rutkowski Seaetary 1, 5 y We are contract vendees for this building. Enclosed please find an application for Special Exception for a professional officelbusiness office in an RO Zoning Use District, also enclosed are the following:: 1. 2. 3. 4. 5. Copy of a Survey of the property. Applicant Transactional Disclosure Form Authorization from client - , ,.-') Environmental assessment form Check in the amount of $400 for the Special Exception. 6. A drawing of the proposed parking and site improvements will be submitted on or before the application is noticed for public hearing ( the architects are preparing the document). Please place this matter on your February Callander, the sellers are anxious to have us proceed 0 E expeditiously through the special exception application process. If there is anything else you need please do not hesitate to contact me. Very truly yours, Patricia C. Moore cc: Daniel T. McCarthy INSTRUCTICNSf Y •. r - '^ :r.u(Ji♦MiiaLr .....,.G.iu}Y..YYi.� SHORT ENVIRONMENTAL ASSESSMENT FOW4 (a) In order to answer the questions in this short EAP is is assumed that the pre.parer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studiee, reeearch or other investignt.ions will be undertaken. (b) If any quention han been answered Yes the project may be significant and a ecmpleted Envirorn:ental Assessment Form is necessary. (c) If all quartions have been answered tic) it is likely that this project is not significant. (d) Kavironrr,,nr.al Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? . . . . . . . . . . • . Yes do 2. Will there be a major change to any unique or unusual land form found on the site? . . . . . Yes ^_ No j• Will rioJj ct alter or have a large effect on an existing body of water? . . . . . . . . . . Yen -_. do En 4. Will pr^ject have a potentially largo impact. on / groundwatcr quality? • . . . . . . . . . ♦ Yos ✓ No qq _— off„ Ln ,.* 5. Will pro,!cct significantly_eftect drainage flow / (L N r1, on ndjacent sites? . . . . . . . . . . . . Yes ✓ No ,L JCrE 6. Will pa-ojeet affect any thrent,:ned or endangered / O .t V; -plant or anti -al species? . . . . . . . . . . • Yes No z � a `✓ 7. 'Alli p^'J ject result in a tea jar advnt'se effect On 3)o air q'.:ality? • ♦ • • . • • • • • • . Yes No • IJ— It O 9• Will project have a major effect, cn visual char - J ncter of' the community or scenic views or vistas ZIIo z O known to be important to the currunity? . . . Yes --" 0. Will pr -;fact adversely impact any site or struct, uro of hiutorlc, pro -historic, or pnloontologlcal Importance or any site designated as a critical environmental area by it local agency? . Yon No 10. Will project have a major effect or. existLig or future recreational opportunitios2 . . . Yes No 11. Will project result in major traffic problems or cause a major effect to existing t.rnnsportation / . . . . . . . . . . . . Yes V No 12. Will project regularly cause objectionable odors, noise., Clare, vibration, or electrical disturb- .= ante as a result of the project's operation? . Yes ,/ tic 13. Will project have any impact on public health or / v safety'' . . . . . . . . . . . . Yes ✓ Vo 'Q 14. Will project affect the existing community by - directly causing a growth in permarrent papula - LL tion ct' more than 5 percent over a one-year / period or have a major negativ., effect un the ✓ character of the comununity or neighborhood" . Yes No 15. Is thr.re publi con overs ,rernrn,; the project? Yes No PREPAP.ER'S SIOt1AT1.RE: TITLE: P.EPRESE ITI'1C: DATE: 0? -o q 9/I/7e 0 0 APPLICANT TRANSACTIONAL DISCLOSURE FORM YOUR NAME: Patricia C. Moore and William D. Moore (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NATURE OF APPLICA'T'ION: (Check all that apply.) Tax grievance Variance Change of zone Approval of plat Exemption from plat or official map Other x Special Exception (If "Other," name the activity.) Do you personally (or through your company, spouse, sib.li.ng, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES X NO If you answered "YES," complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Elected Town Board Title or position of that person OyNC Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply), A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); A) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the X applicant; or D) the actual applicant-. DESCRIPTION OF RELATIONSHIP William D. Moore CavnE44cY ycyngE4E Submitted th s/_ZU da of.DEe 199'7 oe Signature Print name_ 6VILL14,112 b M47 T k 01 N9 0 Fr Q RZ U Y O O � 3y z < Z F< �OCrJ Q mO OIa W U W ul _ I--� COA_ U cc T k 01 N9 0 Fr Q U Y O O � 3y z < Z F< �OCrJ Q mO OIa W U W ul _ I--� COA_ U cc 0pp�Oa O p Z o G (r cc W ci ///Z```��� Zcn < Q U w O EE J_ LL 0 N O aa �n