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HomeMy WebLinkAbout3959 APPEAL~ BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCO2T L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 3959-SE (as AMENDED by January 10, 1991 letter from the applicants' attorney). Application of JOSEPH AND BETTY HARDY for a Special Exception to the Zoning Ordinance as authorized by Article XXIX, Section 100-91B(2) to grant approval for a multiple dwelling. Location of Property: 13500 Main Road, Mattituck, NY; County Tax Map No. 1000-114-11-5. Zoning District: Hamlet-Business (HB). WHEREAS, a public hearing was held on August 15, 1991, and at said hearing, all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, applicants request a Special Exception for conversion of the existing dwelling structure to a two-family dwelling use (from single-family status), located in the "two sty fr. house" depicted on the survey prepared by Peconic Surveyors & Engineers, P.C. dated July 29, 1988. 2. The premises in question is located along the south side of the Main Road (State Route 25) in the Hamlet of Mattituck, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 114, Block 11, Lot 5. 3. The subject premises is improved with the following structures: (a) one-story concrete block building with retail occupancies by three tenants (pizza parlor, personal service, and office area for Hardy Plumbing & Heating). This building preexists zoning and has nonconforming setbacks in the front and side yards; Page 2 - Appl. No. 3959-SE Matter of JOSEPH AND BE'l"i'f HARDY Decision Rendered September 12, 1991 (b) accessory 20.4 ft. by 30.3 ft. garage/storage structure, located in the rear yard area, which was renovated in or about 1988, without permits and proper approvals, to a pet-grooming (personal service) use and shortly thereafter converted, again without town permits and all proper approvals, into a dwelling; (c) two-story frame house, which is connected to the front business building by a deck. 4. It is noted that the front building and two-story frame house structure (now attached to the front building by a deck) was on April 10, 1980 issued a Preexisting Certificate of Occupancy (#Z9919) showing both structures and land to be used for single-family dwelling use and two retail occupant uses, respectively, which are shown to have been existing prior to the enactment of zoning in April 23, 1957. 5. The parcel is nonconforming in total lot area for the multiple (mixed) uses in this nonresidential zone district, as well as substandard parking and screening. The nonconformi- ties for the total lot area are appropriated as follows for clarification: (a) the total lot area of this parcel is 21,906 sq. ft., of which one of four units may be authorized or in conformity, to wit: 20,000 sq. ft. per dwelling unit or per nonresidential unit. (b) since more than one unit has existed, that is, one established single-family dwelling at 20,000 sq. ft. without community water or sewer and three (3) business and/or office units at 20,000 sq. ft. minimum per unit; the total required for these four occupancies are 80,000 sq. ft. of lot area. (See "Density and Minimum Lot Size Schedule for Nonresidential Districts"); (c) the total area required for four legally established occupied units, plus this single dwelling unit {five units total} is 100,000 sq. ft. (20,000 sq. ft. x 5 units); (d) the increase in the degree of nonconformance is 20,000 sq. ft. over the existing legally established nonconformities of area and density (the sixth unit for the accessory dwelling/cottage structure in the rear would further increase the nonconformity). The accessory building in the rear may be permitted only as an accessory building and may be used only customarily incidental and subordinate to the main use on this lot, and not as a dwelling unit with cooking or housekeeping facilities. (For the record, it is noted that by separate application, also this date, this Board denied the area and use variance requested for conversion from an accessory Page 3 - Appl. No. 3959-SE Matter of JOSEPH AND BETTf HARDY Decision Rendered September 12, 1991 storage/garage structure to a sixth principal unit (for dwelling occupancy). 6. Article XXIX, Section 100-91(B2) of the Zoning Code authorizes by Special Exception approval from this Board and site plan approval from the Planning Board the following: ...B...2. Multiple dwellings and townhouses. 7. Article XXIX, Section 100-92, Bulk, area and parking regulations permits such use only when the same conforms to the Bulk Schedule and Parking and Loading Schedules (of the Zoning Code) with the same force and effect as if such regulations were set forth herein in full, and in this Hamlet-Business (HB) Zone District, a minimum of 20,000 sq. ft. is required per dwelling unit and per business or office unit. The total uses, together with this Special Exception for a second unit over the existing dwelling unit, amounts to five, inclusive of one existing retail; one existing business; one existing office; one existing dwelling; for five total units or 100,000 sq. ft. (20,000 sq. ft. x 5 units). Simultaneously herewith, this Board has granted alternative relief for this second dwelling unit in the two-story dwelling structure, in an area variance application made by the applicants. ~ne alternative relief limits the amount of the variance approval up to 20,000 sq. ft. in order to authorize this single dwelling unit. (The relief requested by the applicants was for two additional units, and the relief as requested was denied by the Board.) 8. In considering this application, the Board also finds and determines: (1) the proposed use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (2) the use will not adversely affect the safety, welfare, comfort, convenience, or order of the Town; (3) the use is in harmony with and will promote the general purposes and intent of zoning. The Board has also considered subsections (A) through (P) of Article XXVI, Section 100-264 of the Zoning Code. Accordingly, on motion by Mr. Villa, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Special Exception, authorizing the addition of a second dwelling unit in the existing two-story frame house, (commonly referred to as a "two-family dwelling") in this Hamlet-Business (HB) Zone District, and subject to the following CONDITIONS: 1. Compliance with the following zoning code requirements: Page 4 - Appl. No. 3959-SE Matter of JOSEPH AND BETTY HARDY Decision Rendered September 12, 1991 (a) Site Plan approval by the Southold Town Planning Board, which Board may require more stringent parking requirements than the conditions stipulated below concerning the Special Exception; (b) accessory structure must revert back to an accessory use with removal of all cooking and housekeeping plumbing facilities {electrical utilities for lighting purposes will be permitted to remain}; (c) accessory structure shall not be permitted for office use or any business or separate rental/profitable use, and shall be permitted for garage and/or dead storage purposes only; 2. Two parallel parking spaces to be painted in front of the retail business building for vehicles traveling in an easterly direction (to park facing the east); 3. A printed sign to be placed at the front of the business building directing all vehicles to "PARK IN THE REAR." 4. Before issuance of a Certificate of Occupancy or other documentation, acceptance and final inspection concerning the above conditions shall be made by the Board of Appeals, or member thereof. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa. (Absent were Members Doyen and Grigonis.) This resolution was duly adopted. lk RECEIVED AND FILED BY THE SOUTHOLD TOWN CL RK DATE / HOUR PLANNING BOARD M~EMBERS RICHARD G. WARD GEORGE RITCHIE LATHAM, BE1NNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 11,1997 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 ,~,e~h06;'(51~) 765-1938 Joseph and Betty Hardy Hardy Plumbing and Heating 1654 North Highway Southampton, NY 11968 Re: Revocation of waiver and request for completed site plan for Joseph and Betty Hardy Main Road, Mattituck Zoning District: Hamlet Business (HB) SCTM# 1000-114-11-5 Dear Mr. and Mrs. Hardy: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, March 10, 1997: WHEREAS, the Southold Town Planning Board granted a waiver of site plan requirements to Angelo Toscano, owner of Mattituck Pizza, tenant of Joseph and Betty Hardy, for an expansion of restaurant dining area, on February 6, 1996; and WHEREAS, the conditions of this waiver were: Installation of rear parking area, placement of two information signs directing customers to the rear parking area and the provision for a rear entrance for customer access to the restaurant; and WHEREAS, the two information signs directing customers to the rear parking area have not been placed; and WHEREAS, the rear customer entrance has not been properly lighted and cleared of debris and is not used by the public due to the poor conditions existing at this location; be it therefore § 100-91 ZONING § 100-91 i ~.~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, subject tn site plan approval by the Planning Board: (1) Any special exception use set forth in and as regulated by § 100-31B(3) to (6) and (14) and (15) of the Agricultural Conservation District. Multiple dwellings and townhonses. (3) Motel and hotel uses as set forth in and regulated by § 100-61B(4) of the P~sort Residential (RR) District, except that minimum lot size shall be three (3) acres. [Amended 7-31-1990 by Ord. No. 16-1990] [Amended 12-12-89 by L.L. No. 23-1989] Apartments may be permitted over retail stores and business, professional and governmental offices, subject tn the following requirement~ (a) The explicit written approval of the Town Fire Prevention Inspector shall be obtained for the design, location, access and other s~fety-related elements of every such almrtment. No apartment shall be permitted over filling stations, stores retailing flammable or fume-producing goods, restaurants or other businesses with kitchens or other facilities producing intense heat or any other establishment which the Fire Prevention Inspector determines to pase a greater-than-average built-in fire risk. (b) The habitable floor area of each apartment shall be at least four hundred fifty (450) square feet, but in no case more than seven hundred fifty (750) square feet. The apartment shall not be ]oeated on the first floor of the building, and the apartment shall contain all services for safe and convenient habita- tion, meeting the New York State Uniform Fire Prevention and Building Code and the Sanitary Code. 10077 ~. ~- ~o § 100-91 (c) (d) (e) SOUTHOLD CODE § 100-91 There shall be no more than three (3) apartments created or maintained in any single building. Each apartment, or common hallway servicing two (2) or three (3) apartments, shall have a separate access to the outside of the building, which must be distinct from the access to uses on the first floor. Each apartment shall have at least one (1) on-sits off- street parking space meeting the standards of this chapter, conveniently located for access to the apartment. Only the owner of the building in which it is proposed to locate the apartment~s) may apply for this special permit The Board of Appeals shall require that such applicant execute such agree- merits, contracts, easements, covenant, deed restric- tions or other legal instruments running in favor of the town as, upon recommendation of the Town Attorney, the Board shall determine to be necessary to ensure that; [1] The apartment, or any proprietary or other interest therein, will not be sold to the tenant or any other party, except as part of a sale of the entire building in which the apartment is located. [2] The apartment is made available for year- round rental. [3] The apartment is properly constructed, main- tained and used, and unapproved uses are excluded therefrom. [4] Any other condition deemed reasonable and necessary to ensure the immediate and long- term success of the apartment in helping to meet identified housing needs in the community is complied with. 10078 9- 2~- 9o Town of Scut~ald Density and Minimum Lot Size Schedule for Nonresidential Distr~ts~ [Added 1-10-89 by L.L N~,1-1989] LB lib R (xii) LIO man numerals refer te the appllcable column in the l~s dent al Bulk Schedu e ~r multiple dwelling, hotel, motel and/or conference uses (where permitted) this table refers to m n mum ots ze per unit. l?efer to the Residential Bulk Schedule for total lot s~ze. ~earu and setback thmens*ons for the &ppl~cab]e dlstricL unless more-restrictive requirements are indicated in the text of the chater. (Amended 8-l-89 by LL No. 14-1989) P 10-25-89 TOWN CLERK ~ fluffolk couTnIOy,W/~/eOwFy~S~rOkUTIt(~)- 765-1801 ~,.0. i,~' ~ ~. ~ ~* TOWN OFSOUTHOLD PROPERTY RECORD CARD foo o - //,/-//-~ OWNER STREET VILLAGE DIST. SUB. LOT FORMEI~ OWN. ER ~t~ ~t ~ ' N f E ACR,~ .... S W TYPE OF BUILDING LAND . I~P. TOTAL DATE REMARKS - . AGE BUILDING CONDITION N~ NOeL BELOW ABOVE FA~ Acre Value Per Value Acre Tillable FRONTAGE ON WATEE W~lond FRONTAGE ON EOAD ~" ' ~ ~ ' :' / 7 >: Meodowlond DEPTH ~r~ ~ ' ~ Hou~ Plot BULKH~D COLOR TRIM M. Bldg. Extension Extension Extension ~ Porch i: Porch Breezeway · Gamge · Poi-ia Total Walls Fire Place Doff net I/-~o I /Z/~ --//&/ .: ~'pe Roof ~ecreation Room ~, Both CB - b,,'~: Floors Interior Finish Heat Rooms 1st Floor P. Ooms 2nd Floor Driveway Dinette K. DR. To: Pla a Re: Hardy Project at Mattituck Zone District: HB i) be subject to a determination by the Building Inspector as to the requirement for a building permit under the NYS Construction Code and other laws for any and all occupancies of the buildings. GG:lk Pa~e 3 - November 1~91 To: Planning Board Re: Hardy Project at Mattituck Zone District: HB This would help to assure not only the town but also the occupants of compliance and limitations under the NYS Construction Code and other applicable rules and regulations at the time of new tenancy. The issuance of a Certificate of Occupancy for a change of tenancy may not, in our opinion, be disapproved unless there were an increase or expansion of the commercial areas (The Pre-C.O. issued April 10, 1980 indicated that there were retail stores in the front commercial building. It also made reference to the number "two," which was for two tenants or occupants within the same building complex. The actual floor area of the stores have not increased since 1957 to the best of our knowledge. And we all know that zoning may not be used to control ownership or tenancies.) 3. Your last question concerns the painting of two parallel parking spaces in front the commercial building. In speaking with A1 Bachman, Engineer with the NYS Department of Transportation, it is his opinion that if the elimination of diagonal parking were agreeable by the owner, the NYS DOT would not be disagreeable since it would be an improvement. Mr. Bachman suggested that a copy of our decision, together with the map existing parking area be referred to the NYS Department of Transportation. (Alternatively, in the worst case scenario, the DOT would, of course, supercede the Planning Board or any other town ~gency.) Please keep in mind that the existing diagonal parking has been in existence for over 35 years, and with the owners' consent, will be improved by the elimination of backing-out onto the highway (at the least). To summarize the above, this project will: a) require amended site plans maps (should not affect SEQRA) b) require compliance of the "accesSory building" which was improperly converted over the years c) require a variance as to setbacks of the proposed storage building ~ d) require a referral by the Buildihg Inspector to the NYS DOT pursuant to General Municipal Law, Section 239K e) require a Certificate of Occupancy in the name of the new tenant or occupancy for each unit in the commercial building certifying the use and any building alterations f) not be permitted to expand or increase the commercial building floor area in the future [unless variances are obtained) g) require a Certificate of Occupancy for the two-family' dwelling, after compliance with.the conditions imposed under Z.B.A. Appl. Nos. 3958 and 2959 dated September 12, 1991 h) require a Certificate of Occupancy for the existing accessory building, after removal of the kitchen and dwelling facilities Pa~e 2 - Nove!F}r~, 1991 To: Planning-Bo~ Re: Hardy Project at Mattituck Zone District: HB modified by the ZBA. The area shown for retail occupancies do · .~'not appear to be incorrect, and the store dimensions and front "building setbacks are believed to be preexisting of zoning. 3. Also to our knowledge, the nonconforming use of the front yard area for parking is also preexisting of the zoning code. 4. The size of this parcel is 21,906 sq. ft. The square footage of the front building has not structurally changed, and is, to our knowledge, validly preexisting. The tenants and occupants of the internal portions of the building have changed several times over the last 35 years (i.e. retail stores, luncheonette, pizzaria, personal service shop, business office, and others uses permitted under the code at that time). With reference to question ~1 of your memorandum: It is apparent that the proposed building does not meet the setback requirements of the Code (accessory or principal). Therefore the site plan should either be revised to delete this storage building from consideration by the Planning Board, or be held in abeyance until such time as the appeal process begins (i.e., the Building Inspector should issue a Notice of Disapproval - a copy of the building permit application was filed with the Building Department on April 4, 1989; copy attached for reference). Each department should require as part of their files a construction diagram to determine conformity with height provisions of the Code. Since a variance is needed for setbacks, we will request this information at the time of filing of the variance, if you prefer. Other questions concerning its use, as it relates to the accessory or principal use provisions, should also be asked. (The building permit and site plan applica- cations should be revised to include these questions.) Today Mrs. Hardy delivered to the Building Department an application for a building permit (copy attached) for minor interior changes to the center store. The ZBA does not believe it would be appropriate for any department (other than the Building Department) determine whether or not a building permit is required for minor interior alterations within a building. This is within the purview of the Building Inspector. We have in the past understood that permits were required in the past for placements of counters and the like for safety reasons under the NYS Construction Code. A new Certificate of Occupancy should also be required for each new tenant/occupant. Gerard P. Goehrmger, Chair Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 TO: FROM: DATE: SUBJECT: BOARD OF APPEALS TOWN OF SOU~OLD iNTER-DEPARTMENTAL MEMORANDUM Bennett Orlowski, Jr., Chairman Southold Town Planning Board Jerry G oehringer ~~~ November 18, 1991 3 upervlsor (.~wn Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 [---- Your Informal Inquiries Received November 1, Project Reference: Hardy Plumbing & Heating SCTM 91000-114-11-5 at Main Road, Mattituck Zone District: Hamlet Business 1991 (NOTE: This response shall be used in the Matter of Joseph and Betty Hardy at Mattituck, only. Parcel ID $1000-114-11-5. Your inquiries concerning the above project have been received. Since its submission, Mrs. Hardy was again today referred to the Appeals Office by both the Building Inspector (Curt Horton) and Planning Board Office (Valerie Scopaz). Mrs. Hardy has not been able to receive answers to the following questions: (a) does she need a building permit to make interior alterations for a proposed third tenant as a Boutique Shop? (b) does she need a Certificate of Occupancy for each new tenant of the front building if the occupancy or use changes? Both her questions and yours will hopefully be answered on the following pages, taking into account the following notations: 1. The proposed building as shown on the August 4, 1989 plan on file with the Planning Board and pending at this time (as prepared by Peconic Surveyors & Engineers, P.C.) was deleted from the Z.B.A. plans as authorized by Mr. R~ale, attorney for Mr. and.Mrs. Hardy, and therefore'was withdrawn from consideration. , 2. The maps before you are not appropriate for processing since they do ndt show the uses as recently approved and Please submit eight copies of the revised site plan and any additional information that may be applicable to this office. If there are any questions, Valerie Scopaz, Town Planner, will be able to assist you. Sincerely, Enc. cc: Bennett Orlowski, Jr. Chairman Coordinating Agencies: Gerard P. Goehringer, Chairman, zoning Board of Appeals Victor Lessard, Principal Building Inspector Judith T. Terry, Town Clerk Vito Minei, Suffolk County Department of Health Services Commissioner Jorling, NYS Dept. of Environmental Conservation John Falotico, NYS Dept. of Transportation Applicant PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 P. Edward Reale, Esq. Twomey, Latham, Shea & Kelley 33 West Second Street P.O.Box 398 Riverhead, New York 11901 December 10, 1991 Proposed Site Plan for Joseph & Betty Hardy S/S/o SR 25 opposite Wickham Avenue, Mattituck, SCTM ~ 1000-114-11-05 Dear Mr. Reale: At its public meeting on December 9, 1991, the Planning Board adopted the following resolution. BE IT RESOLVED that the Planning Board takes Lead Agent. BE IT FURTHER RESOLVED That the Planning Board finds that it is unable to make a determination of significance because of additional information that has been brought to the Planning Board's attention during the coordinated review: to wit, The site plan shows the use of the accessory garage as an apartment, which use has been denied by the Zoning Board in the last appeal before it. The site plan must be revised to show a proposed ~use other than an apartment. A variance is needed for the proposed structure. The proposed storage building has insufficient side yard setback for either an accessory or a principal building in this zone. ~ The Planning Board hereby requests that the applicant provide a corrected site plan and sufficient information for this Board to complete the environmental review. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chai~an George Ritchie Lmham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Mr. and Mrs. Joseph Hardy 132 Fish Cove Road Southampton, New York January 21, 11968 Re: SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Proposed Site Plan for Hardy Plumbing & Heating S/S/o SR 25 opposite Wickham Avenue, Mattituck, SCTM # 1000-114-11-05 Dear Mr. and Mrs. Hardy: This office has not received a response to its December 10, 1991 letter, a copy of which is enclosed for your convenience. If you need assistance in determining how to proceed or if you have any questions, Valerie Scopaz, Town Planner, will be able to assist you. Sincerely, Bennett Orlowski, Jr. Chairman Enc. ~ cc: Gerard P. Goehringer, Chairman, Zoning Board of Appeals Victor Lessard, Principal Building Inspector 2~24/97 Bob Kassner Re: Inquiry by Alice Hussie on Enforcement Matters. The Hardy file was reviewed (1991 ZBA reeorcls.) md for invalidity -~als? The remedy /s default in the g to compel the with the appliea- ed subdivision ocess of subdivi- elsewhere.4 But fits in a tempo- vel legislatures abling statutes d villages., The ' to rely upon e gains official ~tions, a subdi- ~ to develop it, ance with the his plan was ilding permits ~s which may ~e lots shown or more new pproved by a ,ve plats, and tre protected ~r dimension ear, or front per can, for ~c. v Johngon, p). SUBSTANTIVE LIMITATIONS § 5.16 · ',e period limited in the statutes, rely on the regulations which btain when his plat is filed. The iimitation on municipal power to impose more restrictive ?~des on approved plats extends for one to three years, depend- ing upon the exact zoning and planning situation which exists 'vhen the plat is filed. If the municipality has a zoning ordinance :~.d a planning board with authority to approve subdivision :~ars, the period of limitation extends 3 years from the date on ~ich the plat was filed. If the municipality has a zoning :~cdinance but no planning board with plat approval authority, ,,r it the municipality lacks a zoning ordinance but has a ~ianning board with the requisite authority, the period is 2 .,ears. If the municipality has neither a planning board with plat ~pproval authority nor a zoning ordinance, the period of limita- ~on is one year. All of these ,£ . . limitations are imposed irrespective other prowslons of the several enabling acts. ~'~ 5.16. Conflict with state law. Cities, towns, and villages possess only those zoning powers v~hich are delegated to them by statute? These delegated powers do not include the authority to enact regulations which conflict with the general law of the state. In the event of a conflict, the state law will prevail unless some special provision is made. to resolve the conflict. The village,0 and town" ~nabling statutes provide that where the zoning regulations require a greater width or size of yards or Courts, a lower height of building or fewer stories, or a smaller percentage of lot occupancy, or Impose other higher standards than are required by "any other statute or local ordinance or regulation," the zoning regulations shall govern. If' the zoning regulations are less stringent, then it is provided that the more severe restrictions shall be applied. Similar provisions for application of the more severe rules may be found in some statutes." Where such provision to resolve apparent conflict is made by statute, there is no conflict which invalidates the local ordinance. The state statute simply pre- 9. §§ 2.04-2.09, supra. 12. 444 East 57th Street Corp. v 10. Village L §7-716. Deegan, 226 AD 507, 235 NYS 11 11. Town L § 269. (1929). 189 5.16 NEW YORK ZONING scribes the rule which shall be applied.:: Where the state law in issue is a special act, a local law which is inconsistent may supercede it.:4 Real conflic~ have occurred, however, and these have been resolved in favor of the state law. Where a state law authorizes a town to establish a park, the town may establish the park in a village although the village zoning laws prohibit such parks in the location selected by the town. The village ordinance,' in such a case, must yield,l~ A municipality may prescribe the business 13. Where a locally enacted sani~ village where the subject property is tary landfill ordinance complies with within 300 feet of a town or village Department of Environmental Conser- vation (DEC) regulations, it will not be invalidated on the grounds that the state has preempted the field, even if the ordinance imposes greater restrictions than the DEC regulations. Monroe-Livingston Sanitary Landfill, Inc. v Caledonia, 72 AD2d 957, 422 NYS2d 249 (1979, 4th Dept), app den, motion to dismiss app den 49 NY2d 738, 426 NYS2d 269, 402 NE2d 1170. In an action to enjoin a town from interfering with a city's right to oper- ate vehicles on the public state high- ways in the town for the purpose of transporting refuse and from enforc- lng an ordinance prohibiting such ac- tivities, the court held the ordinance invalid in that it exceeded the power of the town to regulate traffic. We're Associates Co. v Bear, 35 AD2d 846, 317 NYS2d 59 (1970, 2d Dept), affd 28 NY2d 981, 323 NYS2d 838, 272 NE2d 338. Section 136 of the General Munici- pal Law relating to junkyards does not apply to a municipality which has adopted junkyard regulations. A sub- section of Section 136 does not apply in such a municipality notwithstand- lng that the local ordinance does not ha~e a similar provision. Islip v Serio, 105 Misc 2d 1078, 430 NYS2d 541 (1980). Section 1608 of the Nassau County Charter gave the Planning Commis- sion an absolute veto over an at- tempted change of zone by a town or 190 boundry. § 239-m of the General Mu- nicipal Law does not give the Plan- ning Commission an absolute veto over such zoning changes. The legisla- tive history of § 239-m and the clear inconsistency of § 239-m with § 1608 of the charter show that § 239-m was intended to supersede § 1608. Roches- ter v Rush, 67 MISc 2d 328, 324 NYS2d 201 (1971), affd 37 AD2d 795, 324 NYS2d 888 (4th Dept) and motion den 71 Misc 2d 451, 336 NYS2d 160. The provisions of the Conservation Law relating to water resources do not so preempt this area as to pro- hibit a municipality from regulating the grading of land within its terri- tory. Gordon v Reid, 43 Misc-2d 175, 250 NYS2d 603 (1964). Local laws must never supersede, modify or be inconsistent with a gen- eral statute--unless the Legislature gives its permission. 1970 Ops St Compt 70-694. 14. Sections 451 and 452 of the Administrative Code are not reconcil- able with Section 239m of the Gen- eral Municipal Law. As the former is a special act it supercedes the latter in Westchester County. Bloom v Town Bd. of Yorktown, 80 AD2d 823, 436 NYS2d 355 (1981, 2d Dept), later app 88 AD2d 895, 450 NYS2d 603 (2d Dept). 15. Lloyd Harbor v Huntington, 4 NY2d 182, 173 NYS2d 553, 149 NE2d 851 (1958). i t iquo law in mt may ve been thorizes ark in a ~arks in in such )usiness operty is ,r village eral Mu- he Plan- ute veto e legisla- he clear h § 1608 ~)-m was Roches- ;28, 324 )2d 795, ! motion d 160. ~rvation rces do to pro- .~ulating s terri- 2d 175, )ersede, a gen- slature )ps St of the 'concil- Gen- rner is latter Town 3, 436 ~r app ~3 (2d NE2d SUBSTANTIVE LIMITATIONS § 5.16 uses which are permitted in particular business districts, but to orohibit the sale of intoxicating beverages where such sale has keen licensed by the state is to infringe upon the power of the state? This result, in the event of a conflict between a zoning regulation and the power of the state to regulate the sale of liquor, was forecast by the state comptroller in 1955/' and confirmed by court decision during the same year? Local zoning ordinances which exclude or limit restaurants are valid provided that they apply to all such establishments regardless of whether they dispense alcoholic beverages.'~ Hav- lng permitted the operation of a restaurant or other public eating place in a retail district, a village is without authority to interfere with its regulation by the State Liquor Authority? Billiard parlors are licensed and regulated by the state. Ac- cordingly, it is not within the province of a board of zoning appeals to exclude them on the assumption that they will not be properly managed or policed. They are a lawful business which may not be entirely excluded. To exclude them entirely would be to impose a restriction in conflict with state law2 But a zoning ordinance is not invalid for conflict with the general law of the state simply because it excludes the practice of dentistry, a profession licensed by the state, from certain residential dis- tricts.2 See Kinsman Hall Can Operate as Resident Self-Help Center for Drug Addicts, New York State Planning News, vol 34, no 4, p 4 (1970). 16. Onondaga v Hubbell, 8 NY2d 1039, 206 NYS2d 820, 170 NE2d 231 (1960). A zoning ordinance which requires restaurants which serve alcoholic bev- erages to obtain a special permit is in conflict with state statutes which preempt control over such beverages and their sale. Cannon v Syracuse, 72 Misc 2d 1072, 340 NYS2d 944 (1973). Annotation: Zoning regulations in respect of intoxicating liquors. 9 ALR2d 877. 17. 1955 Ops St Compt 364. 18. Grundman v Brighton, 1 Misc 2d 860, 150 NYS2d 326 (1955). A person with a state license to hawk is not authorized to sell Christ- mas trees from his own premises where such business is'not permitted by a local zoning ordinance. 1959 Ops St Compt 466. 19. Fenton v Tedino, 78 Misc 2d 319, 356 NYS2d 397 (1974). 20. Tad's Franchises, Inc. v Pelham Manor, 35 NY2d 672, 360 NYS2d 886, 319 NE2d 202 (1974). 1. G. B. Billiard Corp. v Horn, 42 Misc 2d 673, 248 NYS2d 757 (1964). 2. Cerbene v Pelham Manor, 39 Misc 2d 320, 240 NYS2d 523 (1963), affd 20 AD2d 627, 245 NYS2d 1003. A village may prohibit the practice of a licensed profession in a residen- tial district. 163 Ops St Compt 947; citing, Anderson, Zoning Law and Practice in New York State, § 10.06. 5.16 NEW YORK ZONING A zoning ordinance which excludes from a municipality a powerline authorized by state law is invalid. It operates to contravene state policy? An ordinance which purports to exclude schools from the territory of the municipality will not be en- forced.4 And an ordinance which excludes from the municipality institutions for the treatment of tuberculosis will not be en- forced against a corporation seeking to establish such a use, because the regulation conflicts with the public health law? But a zoning ordinance which imposes off-street parking require- ments and location restrictions on drug addict rehabilitation centers authorized by state law, but does not totally exclude such centers, is not in conflict with the Mental Hygiene Law.6 Closely related to this problem of conflict, and overlapping it at some points, is the amenability of the state and its institu- tions to local zoning regulations. This is discussed in Section 11.05, along with other issues relating to particular uses. § 5.17. Territorial limitations. A municipality is without power to impose zoning regulations upon lands outside its territorial limits. A city is empowered to "divide the city into districts."7 A village is authorized to "divide the village into districts.''6 And a town "may divide that part of 3. Consolidated Edison Co. v Briar- cliff Manor, 208 Misc 295, 144 NYS2d 379 (1955). 4. Union Free School Dist. v Hew- lett Bay Park, 198 Misc 932, 102 NYS2d 81 (1950), affd 278 AD 706, 103 NYS2d 831. 5. Jewish Consumptives' Relief Soc. v Woedbury, 230 AD 228, 243 NYS 686 (1930), affd 256 NY 619, 177 NE 165. Annotation: Applicability of zoning regulations to governmental garages and hospitals. 61 ALR2d 970, 989. 6. Ibero-American Action League, Inc. v Palina, 47 AD2d 998, 366 NYS2d 747 (1975, 4th Dept). 7. Gen City L § 20, subd 25. 8. Village L § 7-702. A municipality has no power to impose zoning regulations upon land beyond its territorial boundaries. Sie- gel v Tange (1978, 2d Dept) 61 AD2d 57, 401 NYS2d 269. Sections 1606 and 1607 of the Nas- sau County Charter which authorize the towns of Nassau County to exer- cise zoning jurisdiction in unincorpo- rated towns, although they may be incorporated after a specified date, do not offend Art III, Sec 17 of the New York Constitution. Atlantic Beach v Hempstead, 27 AD2d 556, 276 NYS2d 4 (1966, 2d Dept), arid 19 NY2d 929, 281 NYS2d 337, 228 NE2d 395. A village in Nassau County which adopted zoning regulations prior to the enactment of Section 1607 of the County Government Law of Nassau County may continue to zone its terri- tory, including land which is subse- quentiy annexed to such village. Mut- tontown v Friscia, 60 Misc 2d 1014, 304 NYS2d 664 (1969), affd (2d Dept) § 5.13 NEW YORK ZONnVO Augenblick v Cortlandt, · -Dep0. 104 AD2d 806, 480 _ Augenblick v Co-~, - 363, 488 NE2d 109.~mndt was revd in 66 NY2d 7:, ~T$2d ~v~h.A town ordinan .... ~hiTnOW~ooO~f~ ~ofe~s invalid as incon · , re it prohib, its ~l~e~w~th ,~. '~ ~2of an indastnal nn.~ ~. ood ~: :~rages ordinance is to/m,~ ........ ~ne cOmmerc/al dis,,~A~.~ aU~erent rest.~,:_ ~ ;ch an Car/eton TenniS',~ m .violation of t~an.s, on NYS2d 90t~ r~ a~,~xss°c~atos, Inc ~, ~ un]Iormity . ,~ of a ~ ,-ooo~. · - ~,~ay, 131 Misc ~ment. A zoning amendment · . - '.~ 500 beverages within 1000 ~hic~h prohibits the a_new zoning distri-, ~? o~ an ind-~, · · o~ -o~r~al park ot the Town Law ~ aaa is invalid as a ' ,~t and each dist,~, ,~ .which re~uir~ .~ - v~olation of, ' ~ate '~. ~arleto ~ ~ ~nar · n 262 2d 52~. ~,~ .~- n Tennis ^ _ . ~regu_lat~ons --, ova ~YS2d 908 (1985) '~aocmtes, inc, v ~,~ ' .'m in · · ~nent whic coo, p. erat~ve use ,~ - h prohibi in u ts not m conflic~ .~,~ resort and ~,o~._~ era~on to r, dential operative co~.:..~? provisions of t~r~r°nt business .AD~ 2d 531, 4'~sVe~i.°.n_s: Catham R~tvn~_mesa L~aw NYS2d 624, 46j~r~d 36 (1983, 2d ~--~°, rPL v a°utha,.U ! m. 97 ~'~r~Zd 164. "~'~, attd 62 NY2d, q, 477 A local law which power to .~_ purpo~o ,_ fac' ' ueny an a . .-.~ ~o reserve 1Hty w · PPI/cat, on .. to the mu ' ; · in :_ h~re it ma for the sltm __ n~ pa4ty cons~ten · Y affect the g of a m ' ~ ,~ ~ ~ with th ..... general eco a$o~ power ~. ~ne Fablic Servio~fo~prenensive nlo- :logy of the are:~ or Z' major stoam ei;;t .?TMpreempts .is, invalid. Artic~a ~,~ rxoo/~, 60 lVvo.] ..~,~mg Plants. C,.~,.~^~;~r "" s~t/ng (1983). -·-~u ur, 468 NV.qo~ ~'Jov~aated Edison ~, ~oo l~E:?d 487 An /linminatod b//lbeard erected on a concrete p/iht ~eased from Conrail is not exempt from s/ga re provisinn which exempts subways, tunnelsglllation by a charter has no functional r Sa!tzman, 126 Nii~- ~'e. latinn to the - , and br/dges The -' A ~c za 6 exem · ~lgn Which provldo ~lnlC£ With .q~.: a~u o~ rrustee~ ^r '.7."' u~ a 40 ---es rot an appeal~°n .7-712 of -t-h~e u~,.a.,v~lage, -~ =ne bOard of- ~ ,vnmge Law appeals. 134 Main u § 5.16 ~EW YORK ZONB~G Woods, Inc. v Stony Point NEAPS380 (1987). , 70 ~2d 735, 51~ · ne Min~ L~a ~ . o ~X~2d 9~, 514 power of a m,~-~ ~1~ation Law ~- _ · uses. ~ew ~,.~Pm~Y ~ de.tm' ~ "~ no~. Pr~m t th 524 ~ ;;~'5 ~ravel PrMu m-.th~ l~t~on o ~e .-, · o~u zo, 518 ~, Inc. v C f g Section 1501 of the Non-~ . · ~ ~revent abuses or profit ~r ra ' · . zoning n . .... ~ by ?me~ o o~ ~ ~t~on ~w erly Hil~ ~f~m~pant~ ~ it rel~ n0~ preempt the (1988, A~o Di~'~_ ~' v Putna~ ~ff?, ~ '~e~ries Bev- The ~ --,--~ept) '" *~ey, 024 Nyo;; . . ~wer of '.. "For the PU~ses s~tod here~, t~s title shall su~rsede -nmng law W~ch other s~te ~d l~ laws relating to the extractive m/n~g ~dust~; pro~d~, however, that noth~g ~ th~ title shall construed ~ prevent any 1~ government from e zop~g ore.ces or otb · mm~d land rec :~_ ~r ~ la~ , .nactmg loc~ NE2d 859 (1986, 4th Dent~' Inc. v Ca~oll, 125 ' -.~oza ~5, 518 NE2d "A loc~ ~ 1 :~ ... -~ may oe struck do aw ~ ~ ~ found t ~ ~ in pro~bited by ~ ~ the 1~ law ..... cons~s~nt ~th 5~ NY~ ~.;"Z omm law" K~'~~ an action (19~, 2d Dept). orktown, 141 AD2d 60~ The No'For-Profit ~rporation Law A~ 15 do the ~ning autho~t of · pro.ct the ~ hl~ ~ a mumcina ;~.. r. es not preem ro _u .... from a ~ 1.~. ~ w~ · pt P ~ct cemet~-- buses by .... desk. od am Vail · Beverl- -. .... ~ O~ers n ~. . ey, 136 ~oa .... ~ ~lllS ~mat~- ~ ' a~d, a ~u oo~, 5~ ~'Y ~rp v p o, . PP den 72 ~2a .... ~S2d 47 (]gan oa ~ ' u~ om~ law~ --, ~. ~u ozo, 530 Nvqo~ --~ .... , ~u t~_ o -~mrzng to ~.u__ ~ -~a 047, 526 N~oa ~g" - ~w~ may ~ - ~,~way ~n ....... -u oo. ~urpoeee. ~b~v ~ct ~ fee on bu~ft~em~t the area, and ,72, 547 Nveo~ ~_rea ~uilde~ A ~ ~rm~ for -~u oz¥ ~o. v G ' , ghway ,546 NE2d 920 (1989). U~derl~d, 74 ~ ~emorandum opinion by the Federal si § 100.100 SOUTHOLD CODE § 100-101 ARTICLE X General Business (B) District [Added 1-10-89 by L.L. No. 1-1989~o] The purpose of the General Business (B) District is to provide for retail and wholesale commercial development and limited office and industrial development outside of the hamlet central business areas, generally along major highways. It is designed to accommodate uses that benefit from large numbers of motorists, that need fairly large parcels of land and that may involve characteristics such as heavy trucking and noise. § 100-101. Use regulations. In the B District~ no building or premises shall be used and no building or part thereof shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:. A. [Amended 5-9-89 by L.L. No. ~'1989] Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) hereof, are subject to site plan approval by the Planning Board: (1) Any permitted use set forth in and regula~:t by § 100- 31A(2) and (3) of the Agricultural-Conservation District. (2) Any permitted use set forth in and regulated by § 100- 91A(3) to (18) of the Hamlet Business District, (3) Wholesale businesses, warehouses and building material storage and sale, but excluding storage of coal, coke, fuel oil or junk. (4) Building, electrical and plumbing contractors' businesses or yards. C 10080 m- 2s- ss § 100-101 (~) ~ONING § 100-101 Cold storage plants, baking and other food processing and packaging plants that are not offensive, obnoxious or detrimental to neighboring uses by reason of dust, smoke, vibration, noise, odor or effluent. (6) Wholesale or retail sale and accessory storage and display of garden materials, supplies and plants, including nursery operations, provided that the outdoor storage or display of plants and materials does not obstruct pedestrian flow or vehicular traffic and does not occur within three (3) feet of the property line. (7) Wholesale/retail beverage distribution. (8) Funeral homes. (9) 3¥ain or bus stations. (10) Telephone exchanges. 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, subject to site plan approval by the Planning Board: (1) Any special exception use as set forth in and regulated by § 100-31B(2) to (13), except wineries are not required to be in connection with a vineyard. [Amended 8-1-89 by L.L. No. 15-1989] (2) Hotel or motel uses as set forth in and regulated by § 100-61B(4) of the Resort Residential (RR) District, except that the minimum lot size shall be three (3) acres. [Amended 8-13-1991 by L.L. No. 19-1991] (Cont'd on page 10081) 10080.1 9- 25- 9~ § 100-101 (s) ZONING § 100-101 Bed-and-breakfast enterprises or boarding and/or tourist homes as set forth in and regulated by § 100-31B(15) of the Agricultural-Conservation District, except that no site plan approval is required. (4) Tourist camps as regulated by Chapter 88, Tourist and Trailer Camps, of the Town Code. (5) P~search design or development laboratories, provided that any manufacturing shall be limited to prototypes and products for testing. (6) Fully enclosed commercial recreation facilities, including but not limited to tennis clubs, skating rinks, paddle tennis, handball and squash facilities, dance halls, billiard parlors, bowling alleys, health spas and clubs and uses normally accessory and incidental to commercial recrea- tion, such as locker rooms, eating and drinking facilities and retail sale of goods associated with the particular activity. (7) Laundry or dry-cleaning plants, subject to the following conditions: (a) All processes and storage shall be carried on within an enclosed building. (b) All fluids used in processing shall be recycled, and the overall facility shall be designed, located and operated to protect surface waters and the ground- water reservoir from pollution. (8) Fraternal or social institutional offices or meeting halls (nonprofit). (9) Fast-food restaurants, provided that eating on the premises of the fast-food restaurant shall be permitted only inside the structure or in areas specifically desig- nated and properly maintained outside of the structure and where minimum lot size for a freestanding structure is forty thousand (40,000) square feet. (lO) (11) Drinking establishments. Automobile laundries. 10081 2 - 25 - 89 § 100-101 SOUTHOLD CODE § 100-101 (12) Public garages, gasoline service stations, new and used motor vehicle lots, vehicle sales and rental, including the sale of recreation vehicles and trailers and boat sales, with accessory repair facilities, all subject to the following requirements: (a) Entrance and exit driveways shall have an unre- stricted width of not less than twelve (12) feet and not more than thirty (30) feet and shall be located not less than ten (10) feet from any property line and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-way. (b) Sale of used vehicles or boats shall be conducted only as accessory to the sale of new vehicles or boats. (c) Vehicle lifts or pits, dismantled automobiles, beats and vehicles and all parts or supplies shall be ]eeated within a building. (d) All service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in a building. (e) The storage of gasoline or f]ammab]e oils in bulk shall be located fully underground and not less than thirty-five (35) feet from any property line other than the street line. No gasoline or fuel pumps or tanks shall be located less than fifteen (15) feet from any street or property line. (g) Outdoor area lighting shall be that generally required for security purposes and shall be re- stricted to the front one-third (1/3) of the lot depth. All outdoor lighting shall be located at a height of not more than fourteen (14) feet above ground level and so directed that illumination should not extend beyond lot lin~. (h) No gasoline service or repair shops or similar businesses are to be located within three hundred 10082 2- ~- s9 () () § 100-101 ZONING § 100-101 (300) feet of a church, public school, library, hospital, orphanage or rest home. (13) Partial serf-service gasoline service stations, subject to all of the provisions of § 100-101B(12) herein and the following additional requirements: (a) Each partial self-service gasoline facility shall have a qualified attendant on duty whenever the station is open for business. It shall be the duty of the qualified attendant to control and operate both the console regulating the flow of gasoline to the dispensing equipment thereafter to be operated by the customer at the self-service pump island and the dispensing equipment on the other pump islands. (b) Gasoline shall at no time be dispensed without the direct supervision of the qualified attendant. A control shall be provided which will shut off the flow of gasoline to the dispensing equipment at the self- service pump island whenever the qualified atten- dant is absent from the control console for any reason whatever, including when he is operating the dispensing equipment on the other pump islands. (c) The console regulating the flow of gasoline to the remote dispensing equipment thereafter operated by the customer at the self-service pump island shall be situated in such a manner as to give the qualified attendant controlling said consele an unobstructed view of the operation of said remote dispensing equipment. (d) The self-ser~qce pump island shall have controls on all pumps that xvil] permit said pumps to operate only when a dispensing nozzle is removed from its bracket on the pump and the switch for this pump is manually operated. (e) The self-ser~5ce pump island shall be protected by an automatic fire-protection system in the form of an approved system of dry powder release which will act as an automatic fire extinguisher. 10083 7-za-89 § 100-101 SOUTHOLD CODE § 100-101 (fl No customer shall be permitted to dispense gasoline unless he shall possess a valid motor vehicle operator's license. (g) There shall be no latch-open device on any self- service dispensing nozzle. (14) Private transportation service, including garage and maintenance facilities. C. [Amended 5-9-89 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Accessory uses set forth in and as regulated by § 100- 31C(1) through (8) of the Agricultural-Conservation District, subject to the conditions set forth in § 100-33 thereof. (2) Wall signs as set forth and regulated in § 100-81C(2Xb) of the Limited Business District. (3) Freestanding or ground signs. Where the building is set back twenty-five (25) feet or more from the street, one (1) sign, single- or double-faced, not more than twenty-four (24) square feet, the lower edge of which shall be not less than four (4) feet above the ground, unless attached to a wall or fence and the upper edge of which shall not extend more than fifteen (15) feet above the ground shall be permitted, which sign shall be set back not less than fifteen (15) feet from all street and property lines and shall advertise only the business conducted on the premises. As used in this subsection, the word "premises" sha}l mean all contiguous property in common ownership. (4) Open storage of materials or equipment, provided that such storage shall be at least twenty-five (25) feet from any lot line, not be more than six (6) feet high and be suitably screened by a solid fence or other suitable means of at least six (6) feet in height. 10084 7- sa- s9 § 100-102 ZONING § 100-111 § 100-102. Bulk, area and parking requirements. No building or premises shall be used and no building or part thereof shall be erected or altered in the B District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulation were set forth herein in full.21 ARTICLE XI Marine I (MI) District [Added 1-10-89 by L.L. No. 1-1989~2] § 100-110. Purpose. The purpose of the Marine I (MI) District is to provide a waterfront location for a limited range of water-dependent and water-related uses, which are those uses which require or benefit from direct access to or location in marine or tidal waters but which are located within the town's tidal creeks or natural coves. § 100-111. Use regulations. In an MI District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. [Amended 5-9-89 by L.L. No. 6-1989] Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection Afl) hereof, are subject to site plan approval by the Planning Board: (1) One (1) one-family detached dwelling per single and separate lot of record in existence as of the date of adoption of this Article. 21 Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking and I~adlng Schedules are in ~ 100~191 and 100-192. 22 Editer'~ Note: This local laxv also repealed former Art. XI. General Regulations. ~s amended. 10085 7-25-89 Town of Southold Bulk Schedule for Busine~,& Office and Industrial Districts [Added 1-10-89 by L.L. No. 1-1989] LIO LB HB B Light Industrial LI Limited Hamlet General M-I M-II Park/Planned Light Dk~tricl Business Busines8 Business Marine I Marine I1 Office Park Industrial Minimum requirements for busines~, office, indus- trial or other nonresidential u~~ Lot size (square feet) 80,000 20,000 30,000 40,000 80,000 120,000 40,000 Lot width (feet) 175 60 150 150 150 200 100 LOt depth fleet) 250 100 150 150 150 300 150 Front yard I feet) 60 15 50 85 35 75 50 Side yard (feet) 20 10 25 20 25 30 20 Both side yards (feetl 45 25 50 45 50 60 40 Rear yard (feet) 75 25 35 25 25 75 70 Landscape area (percent) 35 25 35 25 20 35 25 For minimum requirements for residential uses, refer first to E~ensity and Minimum Lot Site Schedule for Nonresidential Districts and then to appropriate indicatt~l column in thc Bulk Schedule for Residential Uses. In the Marine I and Marine I1 Districts, only land above mean high water shall qualify for area 2- 25- 89 Town of Southold Density and Minimum Lot Size fiehedule for Nonresidential Distrlets~ [Added 1-10-89 by L.L. No. 1-1989] LIO LB HB B Light Industrial LI Limited Hamlet General M-I M-II Park/Planned Light Business Business Business Marine I Marine Il Office Park Industrial 2 family dwelling with community water NA 40,000 (ii) NA NA NA NA NA Pa~man numerals refer to the appliealde column in the Residential Bulk ~hedule. For multiple dwellln~, hotel, motel ami/or con&~rence ust's (where pvrmitt~l), this table refers to minimum lot size per unit, Refer te the Residential fiulk Schedule for total lot size. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 ~ ~ ~ ~ ? SCOWL. HARRIS ~' .~ *, j~ Town Hall, 53~5 Main Road ~ ~:~"~' P.O. Box 1179 Southold. New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Fax (516) 765-1823 December 10, 1991 P. Edward Reale, Esq. Twomey, Latham, Shea & Kelley 33 West Second Street P.O.Box 398 Riverhead, New York 11901 Re: Proposed Site Plan for Joseph & Betty Hardy S/S/o SR 25 opposite Wickham Avenue, Mattituck, SCTM ~ 1000-114-11-05 Dear Mr. Reale: At its public meeting on December 9, 1991, the Planning Board adopted the following resolution. BE IT RESOLVED that the Planning Board takes Lead Agent. BE IT FURTHER RESOLVED That the Planning Board finds that it is unable to make a determination of significance because of additional information that has been brought to the Planning Board's attention during the coordinated review: to wit, The site plan shows the use of the accessory garage as an apartment, which use has been denied by the Zoning Board in the last appeal before it. The site plan must be revised to show a proposed use other than an apartment. A variance is needed for the proposed structure. The proposed storage building has insufficient side yard setback for either an accessory or a principal building in this zone. The Planning Board hereby requests that the applicant provide a corrected site plan and sufficient information for this Board to complete the environmental review. Please submit eight copies of the revised site plan and any additional information that may be applicable to this office. If there are any questions, Valerie Scopaz, Town Planner, will be able to assist you. Sincerely, Bennett Orlowski, Jr. Chairman Enc. cc: ~oordinating Agencies: ¥/Gerar~ P. Goehringer, Chairman, zoning Board of Appeals Victor Lessard, Principal Building Inspector Judith T. Terry, Town Clerk Vito Minei, Suffolk County Department of Health Services Commissioner Jorling, NYS Dept. of Environmental Conservation John Falotico, NYS Dept. of Transportation Applicant APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD iNTER-DEPARTMENTAL MEMORANDUM SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: Bennett Orlowski, Jr., Chairman Southold Town Planning Board FROM: Jerry Goehringer DATE: November 18, 1991 SUBJECT: Your Informal Inquiries Received November 1, 1991 Project Reference: Hardy Plumbing & Heating SCTM 91000-114-11-5 at Main Road, Mattituck Zone District: Hamlet Business (NOTE: This response shall be used in the Matter of Joseph and Betty Hardy at Mattituck, only. Parcel ID $1000-114-11-5.) Your inquiries concerning the above project have been received. Since its submission, Mrs. Hardy was again today referred to the Appeals Office by both the Building Inspector (Curt Horton) and Planning Board Office (Valerie Scopaz). Mrs. Hardy has not been able to receive answers to the following questions: (a) does she need a building permit to make interior alterations for a proposed third tenant as a Boutique Shop? (b) does she need a Certificate of Occupancy for each new tenant of the front building if the occupancy or use changes? Both her questions and yours will hopefully be answered on the following pages, taking into account the following notations: 1. The proposed building as shown on the August 4, 1989 plan on file with the Planning Board and pending at this time (as prepared by Peconic Surveyors & Engineers, P.C.) was deleted from the Z.B.A. plans as authorized by Mr. Reale, attorney for Mr. and Mrs. Hardy, and therefore was withdrawn from consideration. 2. The maps before you are not appropriate for processing since they do not show the uses as recently approved and Page 2 - NoVembe~ 18,~T991 To: Planning Board Re: Hardy Project at Mattituck Zone District: HB modified by the ZBA. The area shown for retail occupancies do not appear to be incorrect, and the store dimensions and front building setbacks are believed to be preexisting of zoning. 3. Also to our knowledge, the nonconforming use of the front yard area for parking is also preexisting of the zoning code. 4. The size of this parcel is 21,906 sq. ft. The square footage of the front building has not structurally changed, and is, to our knowledge, validly preexisting. The tenants and occupants of the internal portions of the building have changed several times over the last 35 years (i.e. retail stores, luncheonette, pizzaria, personal service shop, business office, and others uses permitted under the code at that time). With reference to question ~1 of your memorandum: (i) It is apparent that the proposed building does not meet the setback requirements of the Code (accessory or principal). Therefore the site plan should either be revised to delete this storage building from consideration by the Planning Board, or be held in abeyance until such time as the appeal process begins (i.e., the Building Inspector should issue a Notice of Disapproval - a copy of the building permit application was filed with the Building Department on April 4, 1989; copy attached for reference). Each department should require as part of their files a construction diagram to determine conformity with height provisions of the Code. Since a variance is needed for setbacks, we will request this information at the time of filing of the variance, if you prefer. Other questions concerning its use, as it relates to the accessory or principal use provisions, should also be asked. (The building permit and site plan applica- cations should be revised to include these questions.) Today Mrs. Hardy delivered to the Building Department an application for a building permit (copy attached) for minor interior changes to the center store. The ZBA does not believe it would be appropriate for any department (other than the Building Department) determine whether or not a building permit is required for minor interior alterations within a building. This is within the purview of the Building Inspector. We have in the past understood that permits were required in the past for placements of counters and the like for safety reasons under the NYS Construction Code. A new Certificate of Occupancy should also be required for each new tenant/occupant. ~age 3 - NoVember 18, To: Planning Board Re: Hardy Project at Mattituck Zone District: HB This would help to assure not only the town but also the occupants of compliance and limitations under the NYS Construction Code and other applicable rules and regulations at the time of new tenancy. The issuance of a Certificate of Occupancy for a change of tenancy may not, in our opinion, be disapproved unless there were an increase or expansion of the commercial areas (The Pre-C.O. issued April 10, 1980 indicated that there were retail stores in the front commercial building. It also made reference to the number "two," which was for two tenants or occupants within the same building complex. The actual floor area of the stores have not increased since 1957 to the best of our knowledge. And we all know that zoning may not be used to control ownership or tenancies.) 3. Your last question concerns the painting of two parallel parking spaces in front the commercial building. In speaking with A1 Bachman, Engineer with the NYS Department of Transportation, it is his opinion that if the elimination of diagonal parking were agreeable by the owner, the NYS DOT would not be disagreeable since it would be an improvement. Mr. Bachman suggested that a copy of our decision, together with the map existing parking area be referred to the NYS Department of Transportation. (Alternatively, in the worst case scenario, the DOT would, of course, supercede the Planning Board or any other town ~{gency.) Please keep in mind that the existing diagonal parking has been in existence for over 35 years, and with the owners' consent, will be improved b¥ the elimination of backing-out onto the highway (at the least). To summarize the above, this project will: a) require amended site plans maps (should not affect SEQRA) b) require compliance of the "accessory building" which was improperly converted over the years c) require a variance as to setbacks of the proposed storage building d) require a referral by the Building Inspector to the NYS DOT pursuant to General Municipal Law, Section 239K e) require a Certificate of Occupancy in the name of the new tenant or occupancy for each unit in the commercial building certifying the use and any building alterations f) not be permitted to expand or increase the commercial building floor area in the future (unless variances are obtained) g) require a Certificate of Occupancy for the two-family dwelling, after compliance with the conditions imposed under Z.B.A. Appl. Nos. 3958 and 2959 dated September 12, 1991 h) require a Certificate of Occupancy for the existing accessory building, after removal of the kitchen and dwelling facilities ~age 4 - November 18,~'I991 To: Planning Board Re: Hardy Project at Mattituck Zone District: HB i) be subject to a determination by the Building Inspector as to the requirement for a building permit under the NYS Construction Code and other laws for any and all occupancies of the buildings. GG:lk _ PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 ........ Fa~-(516~)65-1823 MEMORANDUM TO: FROM: RE: Gerard P. Goehringer, Chairman Zoning Board of Appeals Bennett Orlowski, ~r.--"~'l~ Proposed Site Plan for Hardy Plumbing & Heating S/s/o SR 25 opposite Wickham Avenue, Mattituck, N.Y. SCTM # 1000-114-11-5 ZBA Appeals No. 3959-SE As Amended on 1-10-91. DATE: October 31, 1991 On OCtober 21, 1991, the Planning Board started the environmental coordination for this project. However, the enclosed memorandum from the Building Department raises some questions which should be answered before the Planning Board proceeds with the environmental and site review. It would be most helpful if your Board could provide a detailed response to the points raised in the attached memorandum that pertain to matters under your jurisdiction, specifically, whether the proposed storage building should be considered a principal use or an accessory use (and structure); whether the third retail business can be issued a Certificate of Occupancy based on the September 12, 1991 decision on Appeal 3959-SE or a prior decision of the Zoning Board; In addition to the questions raised in the attached memorandum, one concern of the Board is that Condition ~2 of the decision on Appeal 3959-SE requires the striping of two parallel parking spaces in front of the retail stores. Part of the property in the front yard lies within the right of way for State Route 25. Implementation of this condition will require a coordinated review, environmental and otherwise, with the New York State Department of Transportation. If our past experience with the State is any indicator, it will not be possible to obtain State permission to designate parking spaces within the right of way for SR 25. After we have received your response, we will ask the applicant to provide suitably revised site plans. The environmental coordination started on October 21, 1991. However, these questions must be addressed before the Board can reach a determination. Encl. cc: Victor Lessard, Principal Building Inspector ' INSPECTOI~S Victor Lessard Principal Building I~pector Curtis Horton Senior Building Impector Thomas Fisher Building Inspector Gary Fish Building Inspector Vincent R. Wieezorek Ordinance Inspector Robert Fisher Assistant Fire Inspector Telephone (516) 765-1802 OFFICE OF BUILDING INSPECTOR :- - TOWN OF SOUTHOLD < SCO ri' L. HARRIS, Supervisor Southold Town Hall P.O. Box 1179, 53095 Main Road Southold; New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: SUBJECT: DATE: PLANNING BOARD VICTOR LESSARD, BUILDING DEPARTMENT~.. SITE PLAN FOR JOSEPH & BETTY HARDY OCTOBER 23, 1991 Pre-Co done for Nickolas Kouros on April 10, 1980 indicates property contained a one family dwelling and two (2) retail stores. Action to correct third (3) store required. Violation still exists on conversion of accessory garage to habitable quarters. Application to legalize same has just been denied by Zoning Board of Appeals. Proposed Building of 2400 square feet has insufficient sideyard set-back and requires favorable action from Zoning Board of Appeals to remain. Property's of over 20,000 square feet require a side yard of 5'-0 up to a 39,990 square foot property. ZBA should determine if main or accessory building. Ail these conditions should be addressed before proceeding with the site plan. VL:gar cc to: Zoning Board of Appeals/ OCT 2 3 i @1 SOUTHOLD TOWN PLANNING BOARD APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1.809 BOARD OF APPEALS TOWN O~: SOUTHOLD SCO'IT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 3958: Application of JOSEPH AND BETTf HAi~DY for a Variance to the Zoning Ordinance as authorized by Article IX, Section 100-92 for permission to increase the degree of nonconformance of the lot area for the establishment or approval of a second dwelling unit in an existing dwelling structure and for the establishment or approval of a third dwelling unit in the rear accessory building, both in conjunction with multiple business uses and existing single-family residental unit of this parcel· Location of Premises: 13500 Main Road, Mattituck, NY; County Tax Map No. 1000-114-11-5. Zoning District: Hamlet-Business (HB). The subject parcel is nonconforming in this Hamlet Business (HB) Zone District containing approximately one-half acre of total lot area. WHEREAS, a public hearing was held on August 15, 1991, and at said hearing, all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has Carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, applicants request area variances- (a) for approval of conversion of the existing two-story dwelling structure as a two-family dwelling {by the addition of a second dwelling unit located over the existing dwelling unit], and (b) for approval of use of the rear 20 ft. x 30 ft. one-story (accessory) building as a single family dwelling, in conjunction with the existing one retail business unit, one personal service unit, one office use, one dwellng unit, and proposed second dwelling unit, for a total of six occupied units. .Page 2 - Ap~l. Nd. 395~ - V Matter of JOSEPH AND BE'Err HARDY Decision Rendered September 12, 1991 2. The premises in question is located along the south side of the Main Road (State Route 25) in the Hamlet of Mattituck, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 114, Block 11, Lot 5. 3. The subject premises is improved with the following structures: (a) one-story concrete block building with retail occupancies by three tenants (pizza parlor, personal service (tatoo application), and office area for Hardy Plumbing & Heating). This building preexists zoning and has nonconforming setbacks in the front and side yards. ; (b) accessory 20.4 ft. by 30.3 ft. garage/storage structure, located in the rear yard area, which was renovated in or about 1988 without permits and proper approvals into a pet-grooming (personal service) use and shortly thereafter converted, again without town permits and proper approvals, into a dwelling; (c) two-story frame house, which is connected to the front business building by a deck. 4. It is noted that the front building and two-story frame house structure (now attached to the front building by a deck) was on April 10, 1980 issued a Preexisting Certificate of Occupancy (#Z9919) showing both structures and land to be used for single-family dwelling use and two retail occupant uses, respectively, all of which are shown to have been existing prior to the enactment of zoning in April 23, 1957. 5. The parcel is nonconforming in total lot area for the multiple (mixed) uses in this nonresidential zone district, as well as substandard parking and screening. The nonconformi- ties for the total lot area are appropriated as follows for clarification: (a) the total lot area of this parcel is 21,906 sq. ft., of which one of four units may be authorized as a conformity, to wit: 20,000 sq. ft. per dwelling unit or per nonresidential unit; (b) since more than one unit has existed, that is, one established single-family dwelling without community water or sewer at 20,000 sq. ft., and three (3) business and/or office units at 20,000 sq. ft. minimum per unit; the total required for these four occupancies are 80,000 sq. ft. of lot area.(See "Density and Minimum Lot Size Schedule for Nonresidential Districts"). Page 3 - Appl. No. 3958 - ¥ Matter of JOSEPH AND BETTf HARDY Decision Rendered September 12, 1991 5. (c) the total area required with the four legally established occupied units, plus the two proposed units, is 120,000 sq. ft. (d) the increase in the degree of nonconformance is 40,000 sq. ft. over the existing nonconformities of area and density, or 20,000 sq. ft. for each of the two additional proposed dwelling units. (Ref. Density and Lot Area Schedule as applies to the HB Zone). 6. For the record, it is also noted that accessory buildings are defined under Section 100-13 of the Zoning Code to be: ...A building or structure detached from a principal building located on the same lot as and customarily incidental and subordinate to the principal building... Although there is no record of a valid building permit or certificate of occupancy for this 20' x 30' rear building, the building as exists may be permitted only as an accessory building and may be used only customarily incidental and subordinate to the main use on this lot, and not as a dwelling unit with cooking or housekeeping facilities. A use variance is also being requested for the conversion of an accessory use to a principal dwelling use. 7. The conversion of the accessory building to a principal dwelling is not permitted by Special Exception as noted in the above paragraph and is not a multiple dwelling or townhouse, and also is not an apartment over a retail store or business office. {For the record, Article XXIX, Section 100-91(B2 & 4)) of the Zoning Code authorizes by Special Exception approval from this Board and site plan approval from the Planning Board the following: ...B...2. Multiple dwellings and townhouse; 4. Apartments over retail stores and business office, subject to conditions (a through f).} 8. Under same date hereof, this Board has authorized by Special Exception with conditions, conversion of the main two-story dwelling structure from single-family to two-family use. (See decision under Appl. No. 3959-SE). 9. Article XXIX, Section 100-92, Bulk, Area and Parking regulations permit these uses only when the same conform to the Bulk Schedule, Parking and Loading Schedules (of the Zoning Code) with the same force and effect as if such regulations were set forth herein in full. It is clearly provided that in the Hamlet-Business (HB) Zone District, a minimum of 20,000 sq. ft. .Page 4 - Appi. No~ 3958-V Matter of JOSEPH AND BETTY HARDY Decision Rendered September 12, 1991 of land area is required per dwelling unit and per business or office unit. The allowable uses, together with the Septem- ber 12, 1991 conditional Special Exception permit for a second unit over the existing dwelling: unit, amount to five (inclusive of one existing retail; one existing business; one existing office; one existing dwelling; for five total units or 100,000 sq. ft.) {20,000 sq. ft. x 5 units~. 10. In considering the variances requested for the two additional units, it is the position of the Board that: (a) it is the burden of the landowners to prove that the area restrictions as applied to their land imposes "significant economic injury"; and the burden of proof has not been substantiated; (b) the relief requested for a variation of 40,000 sq. ft. of land area for the two requested units is substantial in relation to the requirements, being a variance of 300% of the requirements, and more than 100% of a variance over the existing lot area/density nonconformities; (c) the difficulties claimed are not sufficient to warrant a grant of the relief requested; (d) there will be an adverse effect of increased dwelling density produced on available governmental facilities by the creation of two dwelling units, in addition to those uses legally established; (e) there will be an adverse effect on the character of the neighborhood and the grant of the variances requested will in effect establish a zone district at odds with all other zone districts provided for in the zoning code; (f) the variances, if granted as requested, will in turn cause a substantial effect on the ~fety, health, welfare, comfort, convenience, and order of the town; (g) in view of the manner in which the difficulty arose and in consideration of all the above facts, the interests of justice will be served by denying the variances as requested. ACCORDINGLY, on motion by Mr. Villa, seconded by Mr. Dinizio, it was RESOLVED, to DENY the variance for increased dwelling unit density and insufficient lot area applicable for each of the two units, as requested; and BE IT FURTHER .... Page 5 - Appl. N~. 395~ V Matter of JOSEPH AND BETTY HARDY Decision Rendered September 12, 1991 RESOLVED, to GRANT alternative relief for the additional one dwelling unit in the existing two-story dwelling structure, for establishment of a two-family dwelling use, subject to the following CONDITIONS: ~ 1. Compliance with all zoning code requirements, including but not limited to the following: (a) Site Plan approval by the Southold Town Planning Board, which Board may require more stringent parking requirements than the conditions stipulated below concerning the Special Exception; (b) accessory structure must revert back to an accessory use with removal of all cooking and housekeeping plumbing facilities {electrical utilities for lighting purposes will be permitted to remain}; (c) accessory structure shall not be permitted for office use or any business or separate rental/profitable use, and shall be permitted for garage and/or dead storage purposes only. ~Two parallel parking spaces to be painted in front of t~r~tail business building for vehicles traveling in an easterly direction (to park with vehicles facing east); 3. A printed sign to be placed at the front of the business building directing all vehicles to "PARK IN THE REAR." 4. Before issuance of a Certificate of Occupancy or other documentation, acceptance and final inspection concerning the above conditions shall be made by the Board of Appeals, or member thereof. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa. (Absent were Members Doyen and Grigonis.) This resolution was duly adopted. lk GERARD P. GO.,SH'RINGER, ~HAIRMAN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Origonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 iNTER-DEPARTMENTAL MEMORANDUM TO: FROM: DATE: Bennett Orlowski, Jr., Chairman Southold Town Planning Board Jerry Goehringer f~~/~ L November 18, 1991 SUBJECT: Your Informal Inquiries Received November 1, 1991 Project Reference: Hardy Plumbing & Heating SCTM #1000-114-11-5 a% Main Road, Mattituck Zone District: Hamlet Business (NOTE: This response shall be used in the Matter of Joseph and Betty Hardy at Mattituck, only. Parcel ID #1000-114-11-5.) Your inquiries concerning the above project have been received. Since its submission, Mrs. Hardy was again today referred to the Appeals Office by both the Building Inspector (Curt Horton) and Planning Board Office (Valerie Scopaz). Mrs. Hardy has not been able to receive answers to the following questions: (a) does she need a building permit to make interior alterations for a proposed third tenant as a Boutique Shop? (b) does she need a Certificate of Occupancy for each new tenant of the front building if the occupancy or use changes? Both her questions and yours will hopefully be answered on the following pages, taking into account the following notations: 1. The proposed building as shown on the August 4, 1989 plan on file with the Planning Board and pending at this time (as prepared by Peconic Surveyors & Engineers, P.C.) was deleted from the Z.B.A. plans as authorized by Mr. Reale, attorney for Mr. and Mrs. Hardy, and therefore was withdrawn from consideration. 2. The maps before you are not appropriate for processing since they do not show the uses as recently approved and Page 2 - November, 1991 To: Planning Board Re: Hardy Project at Mattituck Zone District: HB modified by the ZBA. The area shown for retail occupancies do not appear to be incorrect, and the store dimensions and front building setbacks are believed to be preexisting of zoning. 3. Also to our knowledge, the nonconforming use of the front yard area for parking-is also preexisting of the zoning code. 4. The size of this parcel is 21,906 sq. ft. The square footage of the front building has not structurally changed, and is, to our knowledge, validly preexisting. The tenants and occupants of the internal portions of the building have changed several times over the last 35 years (i.e. retail stores, luncheonette, pizzaria, personal service shop, business office, and others uses permitted under the code at that time). With reference to question #1 of your memorandum: It is apparent that the proposed building does not meet the setback requirements of the Code (accessory or principal). Therefore the site plan should either be revised to delete this storage building from consideration by the Planning Board, or be held in abeyance until such time as the appeal process begins (i.e., the Building Inspector should issue a Notice of Disapproval - a copy of the building permit application was filed with the Building Department on April 4, 1989; copy attached for reference). Each department should require as part of their files a construction diagram to determine conformity with height provisions of the Code. Since a variance is needed for setbacks, we will request this information at the time of filing of the variance, if you prefer. Other questions concerning its use, as it relates to the accessory or principal use provisions, should also be asked. (The building permit and site plan applica- cations should be revised to include these questions.) Today Mrs. Hardy delivered to the Building Department an application for a building permit (copy attached) for minor interior changes to the center store. The ZBA does not believe it would be appropriate for any department (other than the Building Department) determine whether or not a building permit is required for minor interior alterations within a building. This is within the purview of the Building Inspector. We have in the past understood that permits were required in the past for placements of counters and the like for safety reasons under the NYS Construction Code. A new Certificate of Occupancy should also be required for each new tenant/occupant. Pgge 3 - November' 18, )91 To: Planning Board Re: Hardy Project at Mattituck Zone District: HB This would help to assure not only the town but also the occupants of compliance and limitations under the NYS Construction Code and other applicable rules and regulations at the time of new tenancy. The issuance of a Certificate of Occupancy for a change of tenancy may not, in our opinion, be disapproved unless there were an increase or expansion of the commercial areas (The Pre-C.O. issued April 10, 1980 indicated that there were retail stores in the front commercial building. It also made reference to the number "two," which was for two tenants or occupants within the same building complex. The actual floor area of the stores have not increased since 1957 to the best of our knowledge. And we all know that zoning may not be used to control ownership or tenancies.) 3. Your last question concerns the painting of two parallel parking spaces in front the commercial building. In speaking with A1 Bachman, Engineer with the NYS Department of Transportation, it is his opinion that if the elimination of diagonal parking were agreeable by the owner, the NYS DOT would not be disagreeable since it would be an improvement. Mr. Bachman suggested that a copy of our decision, together with the map existing parking area be referred to the NYS Department of Transportation. (Alternatively, in the worst case scenario, the DOT would, of course, supercede the Planning Board or any other town ~gency.) Please keep in mind that the existing diagonal parking has been in existence for over 35 years, and with the owners' consent, will be improved by the elimination of backing-out onto the highway (at the least). To summarize the above, this project will: a) require amended site plans maps (should not affect S EQRA ) b) require compliance of the "accessory building" which was improperly converted over the years c) require a variance as to setbacks of the proposed storage building d) require a referral by the Building Inspector to the NYS DOT pursuant to General Municipal Law, Section 239K e) require a Certificate of Occupancy in the name of the new tenant or occupancy for each unit in the commercial building certifying the use and any building alterations f) not be permitted to expand or increase the commercial building floor area in the future (unless variances are obtained) g) require a Certificate of Occupancy for the two-family dwelling, after compliance with the conditions imposed under Z.B.A. Appl. Nos. 3958 and 2959 dated September 12, 1991 h) require a Certificate of Occupancy for the existing accessory building, after removal of the kitchen and dwelling facilities Page 4 - November, 1991 To: Planning Board Re: Hardy Project at Mattituck Zone District: HB i) be subject to a determination by the Building Inspector as to the requirement for a building permit under the NYS Construction Code and other laws for any and all occupancies of the buildings. GG:lk ~ INSPECTORS Victor Lessard Principal Building Inspector Curtis Horton Senior Building Inspector Thomas Fisher Building Inspector Gary Fish Building Inspector Vincent R. Wieczorek Ordinance Inspector Robert Fisher Assistant Fire Inspector Telephone (516) 765-1802 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD SCOt! L. HARRIS, Supervisor Southold Town Hall P.O. Box 1179, 53095 Main Road Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: SUBJECT: DATE: PLANNING BOARD VICTOR LESSARD, BUILDING DEPARTMENT SITE PLAN FOR JOSEPH & B~"£fHARDY OCTOBER 23, 1991 OCT 2 3 , Pre-Co done for Nickolas Kouros on April 10, 1980 indicates property contained a one family dwelling and two (2) retail stores. Action to correct third (3) store required. Violation still exists on conversion of accessory garage to habitable quarters. Application to legalize same has just been denied by Zoning Board of Appeals. Proposed Building of 2400 square feet has insufficient sideyard set-back and requires favorable action from Zoning Board of Appeals to remain. Property's of over 20,000 square feet require a side yard of 5'-0 up to a 39,990 square foot property. ZBA should determine if main or accessory building. All these conditions should be addressed before proceeding with the site plan. VL:gar cc to: Zonln§ Boar4 of Appeals PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 scow "ARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York I 1971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Fax (516) 765-1823 RE: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assLst you i~ your respoDse. Project Name: .dd'~f 7/),/~.~, ./.~ ~,3~_.C.,.~ Requested Action: SEQRA Classification: ( ) Type I (~) Unlisted Contact Person: 5 1~)2 7~6 .ff,~ F ('~.-'r' ( }- 65-1938 ' The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: ( ~TThis agency wishes to assume lead agency status for this action. ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other. ( See comments bslow). Comments: Please feel free to contact this office for further information. Sincerely, cc: ~oard of Appeals ~cf ~ ~'Building'Department Southold Town Board ~Suffolk County Dept. of Health Services NYSDEC-- ~//NYSDEC - Albany ~~ ~f P~b~ic Wo~4es-- ~N.Y.S. Dept. of Transportation Bennett Orlowski, Jr. Chairman * Maps are enclosed for your review Coordinating agencies SHORT ENVIRONMENTAL ASSESSMENT FORM,.~: ..,T, UL~J ,';~,i ~,,l~,;~,~a, ~, ~,., For UNLISTED ACTIONS Only · PART I Project Information (To be completed by Applicant or Project sponsor) r. ( ~ ' ° PROJECT LD. NUMBER NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION · DIVIS ON OF REGULATORY AFFA RS State Environmental Quality Review ..'~ ,'-: C'c_ .._,~/r.:r~, ~--~ 5. Describe project briefly: 6. Precise location (road intersections, prominent landmarks, etc. or provide map) Amount of land affected: __ 7~. ~__..~. [] Yes [] No If No, describe briefly What is present land use in vicinity of project[ [] Residential [] Industrial [] Commercial Describe: [] Agriculture [] Parkland/open space [] O~her 10. Does a ion involve a perm tjapprova or fund n& now or u t mately from any other governmental agency (Federal, state or Iocal)~ ~Yes '~' : NO If yes, list agency(s) and perm tJa~or'ovals , ' [] Yes [] No If yes, list agency name and permiUapprovai type I! the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Jaraes Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 October 1, 1991 P. Edward Reale, Esq. Twomey, Latham, Shea & Kelley 33 West Second Street P.O. Box 398 Riverhead, NY 11901 Re: Appl. Nos. 3959SE & 3958 - Joseph and Betty Hardy Dear Mr. Reale: Transmitted herewith for your information and file is a copy of the determination from the Suffolk County Department of Planning in response to our referral under Section A14-23 of the Suffolk County Administrative Code. Very truly yours, Enclosure Linda F. Kowalski COUNTY OF SUFFOLK PATRICK G, HALPIN SUFFOLK COUNTY EXECUllVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ CdR~CTOR OF ~t.~NNING Torn of Southold Zoning Board of Appeals September 26, 1991 Applicant: Joseph & Betty Hardy Mun. File No.: 3958 & 3959S;. S.C.P.D. File No.: SD-91-17 Gentlemen: Pursuant to ~he requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application vhich has been submitted to the Suffolk County Planning Comed~ston ts considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Co.=ants: Use of the accessory structure for residence purposes appears inappropriate as sufficient in~ormationhaa not been submitted to demonstrate compliance ~th applicable variance/special exception criteria. A~ternative relief appears varranted as set forth. Very truly yours, Arthur H. Kurtz Director of Plavn~n$ GCN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio. Jr. Robert A. Villa Telephone (516) 765-1809 BOARD, OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: Variance from the Zoning Code, Article , Section Variance from Determination of Southold Town Building Inspector, X Special Exception, Article IX , Section 100-91B(2) (4) Special Permit X __ Boundary of ExiSting or Proposed Other Recreation Area Appeal No.:3959SEApplicant: Mr. &Mrs. Joseph Hardy Location of Affected Land: 13500 Main Road, Mattituck County Tax Map Item No.: 1000- 114-11-5 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway,'Highway, Boundary of Existing or Proposed County, County, Thruway State or Federally Owned Land State or Federal Park or 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 nr ~pcond dwellin9 unit requesting peFmission to permit accessory apart~n.6nt over stores or permit multiple dwelling use. Copies of Town file and related documents enclosed for your review. Dated:September 25, 1991 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, .Ir. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN O~ SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 September 25, 1991 P. Edward Reale, Esq. Twomey, Latham, Shea & Kelley 33 West Second Street P.O. Box 398 Riverhead, NY 11901 Re: Special Exception No. 3959-SE and Variance No. 3959 Applications for Joseph and Betty Hardy Dear Mr. Reale: Please find attached for your records copies of each of the above determinations rendered by the Board of Appeals at our September 12, 1991 Meeting. Very truly yours, Linda Kowalski Enclosures Copies of Decisions to: Southold Town Building Department Southold Town Planning Board APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 3959-SE (as AMENDED by January 10, 1991 letter from the applicants' attorney). Application of JOSEPH AND BETTY HARDY for a Special Exception to the Zoning Ordinance as authorized by Article XXIX, Section 100-91B(2) to grant approval for a multiple dwelling. Location of Property: 13500 Main Road, Mattituck, NY; County Tax Map No. 1000-114-11-5. Zoning District: Hamlet-Business WHEREAS, a public hearing was held on August 15, 1991, and at said hearing, all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, applicants request a Special Exception for conversion of the existing dwelling structure to a two-family dwelling use (from single-family status), located in the "two sty fr. house" depicted on the survey prepared by Peconic Surveyors & Engineers, P.C. dated July 29, 1988. 2. The premises in question is located along the south side of the Main Road (State Route 25) in the Hamlet of Mattituck, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 114, Block 11, Lot 5. 3. The subject premises is improved with the following structures: (a) one-story concrete block building with retail occupancies by three tenants (pizza parlor, personal service, and office area for Hardy Plumbing & Heating). This building preexists zoning and has nonconforming setbacks in the front and side yards; P~age 2 - Appl. No. W59-SE Matter of JOSEPH ANU BETTY HARDY Decision Rendered September 12, 1991 (b) accessory 20.4 ft. by 30.3 ft. garage/storage structure, located in the rear yard area, which was renovated in or about 1988, without permits and proper approvals, to a pet-grooming (personal service)~ use and shortly thereafter converted, again without town permits and all proper approvals, into a dwelling; (c) two-story frame house, which is connected to the front business building by a deck. 4. It is noted that the front building and two-story frame house structure (now attached to the front building by a deck) was on April 10, 1980 issued a Preexisting Certificate of Occupancy (9Z9919) showing both structures and land to be used for single-family dwelling use and two retail occupant uses, respectively, which are shown to have been existing prior to the enactment of zoning in April 23, 1957. 5. The parcel is nonconforming in total lot area for the multiple (mixed) uses in this nonresidential zone district, as well as substandard parking and screening. The nonconformi- ties for the total lot area are appropriated as follows for clarification: (a) the total lot area of this parcel is 21,906 sq. ft., of which one of four units may be authorized or in conformity, to wit: 20,000 sq. ft. per dwelling unit or per nonresidential unit. (b) since more than one unit has existed, that is, one established single-family dwelling at 20,000 sq. ft. without community water or sewer and three (3) business and/or office units at 20,000 sq. ft. minimum per unit; the total required for these four occupancies are 80,000 sq. ft. of lot area. (See "Density and Minimum Lot Size Schedule for Nonresidential Districts"); (c) the total area required for four legally established occupied units, plus this single dwelling unit units total} is 100,000 sq. ft. (20,000 sq. ft. x 5 units); ~five (d) the increase in the degree of nonconformance is 20,000 sq. ft. over the existing legally established nonconformities of area and density (the sixth unit for the accessory dwelling/cottage structure in the rear would further increase the nonconformity). The accessory building in the rear may be permitted only as an accessory building and may be used only customarily incidental and subordinate to the main use on this lot, and not as a dwelling unit with cooking or housekeeping facilities. (For the record, it is noted that by separate application, also this date, this Board denied the area and use variance requested for conversion from an accessory P%ge 3 - Appl. No. ~9-SE Matter of JOSEPH AND BETTY HARDY Decision Rendered September 12, 1991 storage/garage structure to a sixth principal unit (for dwelling occupancy). 6. Article XXIX, Section ~100-91(B2) of the Zoning Code authorizes by Special Exception approval from this Board and site plan approval from the Planning Board the following: ...B...2. Multiple dwellings and townhouses. 7. Article XXIX, Section 100-92, Bulk, area and parking regulations permits such use only when the same conforms to the Bulk Schedule and Parking and Loading Schedules (of the Zoning Code) with the same force and effect as if such regulations were set forth herein in full, and in this Hamlet-Business (HB) Zone District, a minimum of 20,000 sq. ft. is required per dwelling unit and per business or office unit. The total uses, together with this Special Exception for a second unit over the existing dwelling unit, amounts to five, inclusive of one existing retail; one existing business; one existing office; one existing dwelling; for five total units or 100,000 sq. ft. (20,000 sq. ft. x 5 units). Simultaneously herewith, this Board has granted alternative relief for this second dwelling unit in the two-story dwelling structure, in an area variance application made by the applicants. The alternative relief limits the amount of the variance approval up to 20,000 sq. ft. in order to authorize this single dwelling unit. (The relief requested by the applicants was for two additional units, and the relief as requested was denied by the Board.) 8. In considering this application, the Board also finds and determines: (1) the proposed use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (2) the use will not adversely affect the safety, welfare, comfort, convenience, or order of the Town; (3) the use is in harmony with and will promote the general purposes and intent of zoning. The Board has also considered subsections (A) through (P) of Article XXVI, Section 100-264 of the Zoning Code. Accordingly, on motion by Mr. Villa, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Special Exception, authorizing the addition of a second dwelling unit in the existing two-story frame house, (commonly referred to as a "two-family dwelling") in this Hamlet-Business (HB) Zone District, and subject to the following CONDITIONS: 1. Compliance with the following zoning code requirements: ~ge 4 - Appl. No. O9-SE Matter of JOSEPH AND BETTY HARDY Decision Rendered September 12, 1991 (a) Site Plan approval by the Southold Town Planning Board, which Board may require more stringent parking requirements than the conditions stipulated below concerning the Special Exception; I (b) accessory structure must revert back to an accessory use with removal of all cooking and housekeeping plumbing facilities {electrical utilities for lighting purposes will be permitted to remain}; (c) accessory structure shall not be permitted for office use or any business or separate rental/profitable use, and shall be permitted for garage and/or dead storage purposes only; 2. Two parallel parking spaces to be painted in front of the retail business building for vehicles traveling in an easterly direction (to park facing the east); 3. A printed sign to be placed at the front of the business building directing all vehicles to "PARK IN THE REAR." 4. Before issuance of a Certificate of Occupancy or other documentation, acceptance and final inspection concerning the above conditions shall be made by the Board of Appeals, or member thereof. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa. (Absent were Members Doyen and Grigonis.) This resolution was duly adopted. lk GERARD P. GOEHRIN~GER, CHAIRI~AN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN C~F SOUTHOLD ACTION OF THE BOARD OF APPEALS ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 APpl. No.~ Application of JOSEPH AND BETTY HARDY for a~5~r_~a~a to the Zoning Ordinance as authorized by Article IX, SedT'I"~I'U~-92 for permission to increase the degree of nonconformance of the lot area for the establishment or approval of a second dwelling unit in an existing dwelling structure and for the establishment or approval of a third dwelling unit in the rear accessory building, both in conjunction with multiple business uses and existing single-family residental unit of this parcel. Location of Premises: 13500 Main Road, Mattituck, NY; County Tax Map No. 1000-114-11-5. Zoning District: Hamlet-Business (HB). The subject parcel is nonconforming in this Hamlet Business (HB) Zone District containing approximately one-half acre of total lot area. WHEREAS, a public hearing was held on August 15, 1991, and at said hearing, all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of 1. By this application, applicants request area variances: fact: (a) for approval of conversion of the existing two-story dwelling structure as a two-family dwelling {by the addition of a second dwelling unit located over the existing dwelling unit}, and (b) for approval of use of the rear 20 ft. x 30 ft. one-story (accessory) building as a single family dwelling, in conjunction with the existing one retail business unit, one personal service unit, one office use, one dwellng unit, and proposed second dwelling unit, for a total of six occupied units. Page 2 - Appl. No. 8 Matter of JOSEPH AND BE'rrf HARDY Decision Rendered September 12, 1991 2. The premises in question is located along the south side of the Main Road (State Route 25) in the Hamlet of Mattituck, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 114, Block 11, Lot 5. 3. The subject premises is improved with the following structures: (a) one-story concrete block building with retail occupancies by three tenants (pizza parlor, personal service (tatoo application), and office area for Hardy Plumbing & Heating). This building preexists zoning and has nonconforming setbacks in the front and side yards. ; (b) accessory 20.4 ft. by 30.3 ft. garage/storage structure, located in the rear yard area, which was renovated in or about 1988 without permits and proper approvals into a pet-grooming (personal service) use and shortly thereafter converted, again without town permits and proper approvals, into a dwelling; (c) two-story frame house, which is connected to the front business building by a deck. 4. It is noted that the front building and two-story frame house structure (now attached to the front building by a deck) was on April 10, 1980 issued a Preexisting Certificate of Occupancy (#Z9919) showing both structures and land to be used for single-family dwelling use and two retail occupant uses, respectively, all of which are shown to have been existing prior to the enactment of zoning in April 23, 1957. 5. The parcel is nonconforming in total lot area for the multiple (mixed) uses in this nonresidential zone district, as well as substandard parking and screening. The nonconformi- ties for the total lot area are appropriated as follows for clarification: (a) the total lot area of this parcel is 21,906 sq. ft., of which one of four units may be authorized as a conformity, to wit: 20,000 sq. ft. per dwelling unit or per nonresidential unit; (b) since more than one unit has existed, that is, one established single-family dwelling without community water or sewer at 20,000 sq. ft., and three (3) business and/or office units at 20,000 sq. ft. minimum per unit; the total required for these four occupancies are 80,000 sq. ft. of lot area.(See "Density and Minimum Lot Size Schedule for Nonresidential Districts"). Page 3 - Appl. No. - ¥ Matter of JOSEPH AND BE'rTZ HARDY Decision Rendered September 12, 1991 5. (c) the total area required with the four legally established occupied units, plus the two proposed units, is 120,000 sq. ft. (d) the increase in the degree of nonconformance is 40,000 sq. ft. over the existing nonconformities of area and density, or 20,000 sq. ft. for each of the two additional proposed dwelling units. (Ref. Density and Lot Area Schedule as applies to the HB Zone). 6. For the record, it is also noted that accessory buildings are defined under Section 100-13 of the Zoning Code to be: ...A building or structure detached from a principal building located on the same lot as and customarily incidental and subordinate to the principal building... Although there is no record of a valid building permit or certificate of occupancy for this 20' x 30' rear building, the building as exists may be permitted only as an accessory building and may be used only customarily incidental and subordinate to the main use on this lot, and not as a dwelling unit with cooking or housekeeping facilities. A use variance is also being requested for the conversion of an accessory use to a principal dwelling use. 7. The conversion of the accessory building to a principal dwelling is not permitted by Special Exception as noted in the above paragraph and is not a multiple dwelling or townhouse, and also is not an apartment over a retail store or business office. {For the record, Article XXIX, Section 100-91(B2 & 4)) of the Zoning Code authorizes by Special Exception approval from this Board and site plan approval from the Planning Board the following: office, · ..B...2. Multiple dwellings and townhouse; 4. Apartments over retail stores and business subject to conditions (a through f).} 8. Under same date hereof, this Board has authorized by Special Exception with conditions, conversion of the main two-story dwelling structure from single-family to two-family use. (See decision under Appl. No. 3959-SE). 9. Article XXIX, Section 100-92, Bulk, Area and Parking regulations permit these uses only when the same conform to the Bulk Schedule, Parking and Loading Schedules (of the Zoning Code) with the same force and effect as if such regulations were set forth herein in full. It is clearly provided that in the Hamlet-Business (HB) Zone District, a minimum of 20,000 sq. ft. 'Page 4 - Appl. No. ~8-V Matter of JOSEPH AND BETTY HARDY Decision Rendered September 12, 1991 of land area is required per dwelling unit and per business or office unit. The allowable uses, together with the Septem- ber 12, 1991 conditional Special Exception permit for a second unit over the existing dwelling unit, amount to five (inclusive of one existing retail; one existing business; one existing office; one existing dwelling; for five total units or 100,000 sq. ft.) {20,000 sq. ft. x 5 units}. 10. In considering the variances requested for the two additional units, it is the position of the Board that: (a) it is the burden of the landowners to prove that the area restrictions as applied to their land imposes "significant economic injury"; and the burden of proof has not been substantiated; (b) the relief requested for a variation of 40,000 sq. ft. of land area for the two requested units is substantial in relation to the requirements, being a variance of 300% of the requirements, and more than 100% of a variance over the existing lot area/density nonconformities; (c) the difficulties claimed are not sufficient to warrant a grant of the relief requested; (d) there will be an adverse effect of increased dwelling density produced on available governmental facilities by the creation of two dwelling units, in addition to those uses legally established; (e) there will be an adverse effect on the character of the neighborhood and the grant of the variances requested will in effect establish a zone district at odds with all other zone districts provided for in the zoning code; (f) the variances, if granted as requested, will in turn cause a substantial effect on the~afety, health, welfare, comfort, convenience, and order of the town; (g) in view of the manner in which the difficulty arose and in consideration of all the above facts, the interests of justice will be served by denying the variances as requested. ACCORDINGLY, on motion by Mr. Villa, seconded by Mr. Dinizio, it was RESOLVED, to DENY the variance for increased dwelling unit density and insufficient lot area applicable for each of the two units, as requested; and BE IT FURTHER Page 5 - Appl. No. ~8 Matter of JOSEPH ~'£Tf HARDY Decision Rendered September 12, 1991 RESOLVED, to GRANT alternative relief for the additional one dwelling unit in the existing two-story dwelling structure, for establishment of a two-family dwelling use, subject to the following CONDITIONS: ~ 1. Compliance with all zoning code requirements, including but not limited to the following: (a) Site Plan approval by the Southold Town Planning Board, which Board may require more stringent parking requirements than the conditions stipulated below concerning the Special Exception; (b) accessory structure must revert back to an accessory use with removal of all cooking and housekeeping plumbing facilities {electrical utilities for lighting purposes will be permitted to remain}; (c) accessory structure shall not be permitted for office use or any business or separate rental/profitable use, and shall be permitted for garage and/or dead storage purposes only. 2. Two parallel parking spaces to be painted in front of the retail business building for vehicles traveling in an easterly direction (to park with vehicles facing east); 3. A printed sign to be placed at the front of the business building directing all vehicles to "PARK IN THE REAR." 4. Before issuance of a Certificate of Occupancy or other documentation, acceptance and final inspection concerning the above conditions shall be made by the Board of Appeals, or member thereof. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa. (Absent were Members Doyen and Grigonis.) This resolution was duly adopted. lk GERARD P. GO~4RINGER, ~HAIRMAN 4 Appl. No. ~9-SE .er of JOSEPH AND BETTY HARDY 3ision Rendered September 12, 1991 (a) Site Plan approval by the Southold Town Planning Board, which Board may require more stringent parking requirements than the conditions stipulated below concerning the Special Exception; ~ (b) accessory structure must revert back to an accessory use with removal of all cooking and housekeeping plumbing facilities {electrical utilities for lighting purposes will be permitted to remain}; (c) accessory structure shall not be permitted for office use or any business or separate rental/profitable use, and shall be permitted for garage and/or dead storage purposes only; 2. Two parallel parking spaces to be painted in front of the retail business building for vehicles traveling in an easterly direction (to park facing the east); 3. A printed sign to be placed at the front of the business building directing all vehicles to "PARK IN THE REAR." 4. Before issuance of a Certificate of Occupancy or other documentation, acceptance and final inspection concerning the above conditions shall be made by the Board of Appeals, or member thereof. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa. (Absent were Members Doyen and Grigonis.) This resolution was duly adopted. lk ~GERARD P · GOEHRIN~GER, CHA~- RECEIVED AND FILED BY THE SOUTHOLD TOWN C~.~ ~ Town Clerk, Town of Sout~ld FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N.Y. Cerfi[icate O[ Occupancy No ...... : 9R19 ...... Date ....Ap.r..:[.1..1.0 .................... 19 .~0 THIS CERTIFIES that the building ................................................ Location of Prnn°rt'~ 15500 & ~15550 Main Road Matti~uck N.Y ~, ~ -% ........................................................ I* ..... ~ House No. Street Ham/et County Tax Map No. 1000 Section .... .1.1./4: .... Block .... 1. .1 ......... Lot ..... .0.0.5. ........ Subdivision ............................... Filed Map No. ........ Lot No .............. requirements for residential and commercial buildings conforms substantially to the ' ' built prior to Certificate of Occupancy · .Apt. il. ~ ......... , lffS~, pursuant to which ~ .......... :~99!9 ...... dated ..... April..10 ............. 19 ~0., was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is .a...8.i.~.g .le · famlly~ ~i~ell;Lng. PLUS..t-w.o.. re.t.a.~!, la. t0 .r.e~. ................................. The certificate is issued to ........ .~.~O.l.$.S..KQ .1¢~..O.8. ................................ (owner, ~ of the aforesaid building. Suffolk County Department of Health Approval ........... ~/R ........................... UNDERWRITERS CERTIFICATE NO ................... ~/R ........................... Rev 4/79 Building Inspector 9 NORTH MAIN STREET EAST HAMPTON, N,Y. 11937 516-324-1200 PETER M. MOTTt HERMON J. BISHOP LISA C. KOMBRINK- MARY C. CRONIN JOAN C, HATFIELDC3 . MICHAEL A, SlRIGNANO Gerard Goehringer, Jr., Chairman Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 September 6, 1991 ~, 7-7- Re: ADDlication of JoseDh and Betty Hardy Mattituck, New York Dear Mr. Goehringer: Enclosed please find two prints of the survey showing the lot coverage calculation that was requested at the public hearing on the above-referenced application. If you require anything further, please call. Very truly yours, P. Edward Reale PER:JML Enclosures Page 27 - August 15, 1991 Public Hearing - Lawrence Cerv0n Southold Z.B.A. MR MCDERMOT, cont'd: also made the buildings existing and proposed pi they Would not exceed the 20% all if construction which~ were considered I th~ about And I am cramped taste is the however, it Mr. Samuels our future plans may be his opinion. have an effect. improve the value good gentlemen something the beauty of that no more than 35 to 40% of in any event built be pu.' CHAIRMAN anybody furthe that the Cervon would not, states site coverage. But, at the south end of the very likely that would cover south end of the property. addition would contribute to a no matter how good the and design could be fine, to the limit. Now point four, addition should have no effect on or value property. Well that opinion is the opposite. It would lo states that the addition would sting properties. Well, I'm sure you it a little thought, perhaps, line Joyce Killman. Something about tree. Wel assure you at least for me, no matter fine it is, would satisfy me at the ba~ you gentlemen. Thank you ~._McDermot. Is there who would like to spe~gainst this Any questions from BoaR Members? Hearing no I make a motion clos~g the hearing decision until later. Ai~ in Favor - AYE. Appl. No.: 3958, 3959 Applicant(s): Mr & Mrs Joseph Hardy Location of Property: 13500 Main Road, Mattituck, County Tax Map No.: 114-11-5 NY The Chairman opened the hearing at 8:55 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey indicating produced by John T. Metzker, land surveyor the most recent date I have it as May 14, 1991 indicating the cement block building with approximately three stories, two used for retail use, one an office, business office, a house with two apartments, a framed cottage in the rear that with an apartment in it. I should mention for the record ~hat this Board did view these premises last year and we and I would ask the attorney for the applicant. Would you like to be heard? MR REALE: Good evening Members of the Board. My name is Ed Reale, attorney for the applicants, Joseph and Betty Hardy. Page 28 - August 15, 1991 Public Hearing - Mr & Mrs Joseph Hardy Southold Z.B.A. MR REALE, cont'd: As Mr. Chairman had mentioned this property is located in the town's hamlet business district. It's on the south side of the Main Road just to the east of the large turn in the middle of Mattituck. It's in probably the most intensely developed part of maybe the whole Town of Southold. All of this is clear from the record that's in front of you and it's on the survey. All of the buildings that are currently on that site from which you've seen all pre-exist zoning in the town. There's a certificate of occupancy that indicates that all these structures were there prior to 1957 when zoning was enacted in the Town of Southold. CHAIRMAN GOEHRINGER: The structures, but not the uses in the structures. MR REALE: Yes, that's correct. CHAIRMAN GOEHRINGER: Okay. MR REALE: The buildings themselves. Nothing new has been built. CHAIRMAN GOEHRINGER: Nor was the nature of this application that storage building in back is that correct? MR REALE: That's correct. CHAIRMAN GOEHRINGER: Sorry. MR REALE: The reason we're here tonight is the Hardy's are seeking permission to essentially legitimize the continued use of the house which has two apartments in there and the cottage structure that's in the back in the rear of the property which is a small apartment as well. It's a residence, a one bedroom residence. The reason we have a special exception application in as well as a variance is that in this hamlet district under provisions of 91B4 of the town code we have a special exception that is permitted from the town for apartments above stores or above offices. This application would meet all of those requirements as set forth as you know special exception, a special permit all is necessary for the applicant to do is to meet the standards in order to be granted that permit. In that department, we qualify for the special permit, we are not detached by the few feet it is from the store, it's in fact directly behind the store, which is the only thing that raises a question whether it can be the special exception permit or not. Where as the apartment just moved over the store or is connected it would meet the special exception requirements for that part Page 29 - August 15, 1991 Public Hearing - Mr & Mrs Joseph Hardy Southold Z.B.A. MR REALE, cont'd: of it. The apartment in the back rather the cottage that's in the back is also it's been there for many, many years pre-existing zoning. The I'll have Mr. Hardy is here tonight explain %o you further what's been done to the cottage and some history of the cottage but prior to that again, I make it very clear that this pre-exists zoning, it was already there. It was separate water disposal sewage system for each structure for separate well systems for both the cottage and the two apartment house that's in the front. As far as what surrounds this property, I'm sure everyone here is familiar with what's on the Main Road it's for everyone to see to the, immediately to the west of this property there's quite a large office retail complexes, it appears to me to cover the entire lot with either parking or a store is quite a larger bigger than the subject application. Immediately to the east is a southwestern restaurant it's a house that's converted to a restaurant with an apartment above it. Across the street there's a liquor store and some offices and dry good other business uses, business type uses. The entire area is very intensely developed. I submit one copy of the town zoning code that from that area that indicates the sizes of the lots and intensely developed it is. This lot is not really any different than any of the other lots there as far as the size and the amount of development in the area. CHAIRMAN GOEHRINGER: Thank you sir. MR REALE: So in effect there's not going to be any problem with the neighbors here it's not a situation where having some business uses in an area that's going to impinge upon a residential district. Additionally as far as the special exception concept goes I think it's very clear that the spirit and the intend that the town had in creating that was to make some rental housing available without the need for developing land. I think this fits very nicely into that. They're two small apartments into both each one bedroom. You have the floor plans in the file. It's certainly within the spirit of that. It doesn't create any new structures, it's not anymore intensely developed then if you had a large family, one family house. I think that's very much with keeping with the concept of this special permit for an apartment. The cottage in the back is also very small it's a one bedroom upstairs, it's two stories, but it's a'bedroom upstairs and just a living space down below. CHAIRMAN GOEHRINGER: Are all three structures rented, are they being used now, I mean the Hardy's were kind enough to take us in the, actually we went in all three at one time last year when, I think there was even snow on the ground Page 30 - August 15, 1991 Public Hearing - Mr & Mrs Joseph Hardy Southold Z.B.A. CHAIRMAN, cont'd: that day, I don't remember if it was this year or last year it doesn't really make any difference but one of the apartments was not rented at the time. But they are all rented now? ~ MR REALE: Yes. Furthermore on the survey that's in the file you will note that there's an area that hasn't all been some of it's open in the back. It's all been out there for parking, there's certainly more than enough off street parking to accommodate the small structure, the small residential structures as well as the stores and office that are there. According to our surveyor there's room for 19 cars on the lot. That's more than adequate for three small apartments, it's certainly more than the code calls for. For three small apartments as well as the stores that are there. I'd like to ask Mr. Hardy to tell you a little bit about the history of the house, application that you have. MR HARDY: Good evening. CHAIRMAN GOEHRINGER: How do you do? MR HARDY: I have some pictures of the existing structures before we started that I'd like to present here. CHAIRMAN GOEHRINGER: Approximately, was this just after you purchased the property Mr. Hardy? MR HARDY: Yes. I purchased that from Charlie Zahra in 1987. At the time, I was told that there would not be a problem getting a c/o on the cottage. I went to the Building Department, got a building permit explained to Mr. Lessard exactly what we were going to do with the property. He advised me that I was going to have to come before the Board to get an approval on the cottage. And I ended up investing over $200,000 in the property and set up the apartments and what I understand the zoning had changed from single family to two family during that time I think in 1988, so we made an apartment upstairs and between the mortgage and the taxes and everything else I kind of structured it so that I would break even on the property. As far as interior, as you know, we redid kitchens, carpeting, the whole outside of the little buildings, new roofs, roof on the front building, new heating systems, new cesspools, and whatever site work needed to be done. CHAIRMAN GOEHRINGER: Is there presently a c/o on the main dwelling? Not that, for what a one family house? MR HARDY: Yes. Page 31 - August 15, Public Hearing - Mr Southold Z.B.A. 1991 & Mrs Joseph Hardy MR REALE: Here's the current c/o. CHAIRMAN GOEHRINGER: MR REALE: Yes. That's a copy for us? Thank you. CHAIRMAN GOEHRINGER: Is there anything, sorry Mr. Hardy, is there anything else you would like to add? MR REALE: No. What was, was there a two family in the .... MR HARDY: Originally from what Charlie had told me it was, there were two families in there before two families were legal and I think there was a complaint or something about it and the Board or somebody went in and he had a kitchen upstairs and a kitchen downstairs but he rented to one family at that time. When I purchased the property there was a pet grooming which was commercial and I was advised by the Building Department that that was definitely not legal and I should have them move to another location. MR REALE: And that was in the cottage. MR HARDY: Right. That's correct. MR REALE: Now what was the cottage structure like then when you bought it? MR HARDY: The cottage was set up as an apartment. The pet grooming just left it as an apartment with a refrigerator, kitchen, cesspool, well and fully carpeted. And we just went inside and did renovations to the structure. CHAIRMAN GOEHRINGER: And you're asking us again to legitimize three retail, quasi business retail stores and three apartments, is that correct? MR REALE: Well. CHAIRMAN GOEHRINGER: Two in the house and the rear one? MR REALE: Currently there's a c/o for the three retail stores, that's not an issue. CHAIRMAN GOEHRINGER: I understand. No I'm not making it an issue, but I'm just trying, it being all encompassing anyway. Okay, go ahead. MR REALE: Yes ultimately what we'd like is approval for the second apartment in the house and the cottage in the back Page 32 - August 15, Public Hearing - Mr Southold Z.B.A. 1991 & Mrs Joseph Hardy MR REALE, cont'd: which was apparently a cottage many years ago as well. Mr Hardy, whom I know is a plumber, tells us that the plumbing in that cottage is about 20 years old or older. So that was used as anlapartment, he bought it as such to legitimize that as well I think that, to obtain approval so that can be used as a residence. So there would be one residence in the back and a two family house and a special exception however the Board wants to look at that. That the second apartment was in the house. Now this doesn't require adding anything to the house. As it has always been configured, just a wasted item inside, internally. As you can see from those photographs, there's been enormous improvement that piece of property, I stopped by there again tonight to look at it. It's a big improvement over what use to be there and I think it actually adds a little something to part of the town, part of Mattituck it's kind of marginal. I mean there's some vacant pieces there and there's a piece next door that's been cleaned up. It looks nice. I think it actually adds something to that area. As you know very often you find when that happens it has a domino effect. There are some other pieces there aren't looking quite so good I think this has a positive impact. I don't see how it would have any effect on the neighbors or on the neighborhood in general other than positive effect. The Hardys were presented with this as kind of a given assuming that this all could be taken care of, it was all there. The yard was adequate, septic was adequate, the water. I don't see any reason why request to get a building permit. CHAIRMAN GOEHRINGER: I'll see if the Board has any questions. Do you gentlemen have any questions on this applicant? MEMBER VILLA: What's the percentage of lot coverage? CHAIRMAN GOEHRINGER: I don't know if it was calculated, Bob, hamlet business district. Let's see. It's not shown on, let's see, I don't see it indicated here. It doesn't appear to be, do you have it? MR REALE: I don't want to take a guess but I can have the surveyor supply you with that. CHAIRMAN GOEHRINGER: Supply us with that. This is a very difficult situation in the respect that we, there's no doubt you have spent a lot of money on this property, Mr. Hardy, we had discussed this the day that we met with you. I mean we're aware of that situation. Having lived in Mattituck most of my life, summers, coming out here since 1948, I was a year old and certainly well aware of what existing there and Page 33 - August 15, 1991 Public Hearing - Mr & Mrs Joseph Hardy Southold Z.B.A. CHAIRMAN, cont'd: how Nick Kouros built it and what existed prior to Charlies first, before Charlie Zahra owned, Gene Gioni owned, along with the tavern next store and then he sold it to Charlie Zahra and then Charlie Zahra sold it to you. For the life of me and for the record I never new that back cottage to have anything more in it then Mr. Kouros was in the camera business and the back cottage to my knowledge or that back garage which I new to be a peck room was simply was a dark room and he used it for his camera supplies. The store he had was relatively small and that was my knowledge that he used that for. I had no idea how the second apartment got into the front house or to what degree it got in. All I can tell you is the Kouros were a fairly small family and I didn't think they utilized that entire house themselves. And that's all I can pretty much tell you about it. But I remember since the late 50's early 60's. I've been living out here permanently since 1964, 65 and spent a lot of time every week at the Bohack of course is the building to the west side which is now the bicycle shop, the insurance agency and so on and so forth and that's all I can pretty much tell you. But we'll see what we can do for you that's all we can do. We appreciate you coming in. MR HARDY: Okay. I appreciate it. CHAIRMAN GOEHRINGER: We appreciate all your help and we thank you Mr. Reale. MR REALE: Okay. Thank you very much. CHAIRF~%N GOEHRINGER: Pleasure meeting you sir. Is there anybody else who would like to speak concerning this application? Seeing no hands I make a motion closing the hearing reserving decision until later. Ail in Favor - AYE. So,hold Town P~n~ng Bo~d Town H~ So,hold, NY 11971 Joseph & B~y Hardy 132 Fishcove Rd. Southampton, NY 11968 August 16, 1991 Dear Membe~ of the Board: We are ~ting t~is lette~ to thank you for your ,6,~e and kind consideration at the August 15th meeting wherein our property at 13500 Main Road, M~ek ~ reviewed. We understand and appreciate your concerns about this situation. There are a few points concerning the prope~y that we fecl it necessary to ~abor~e on and hope th~ you will a~ weigh these point~ before rendering your decision. As you are ~e, when we purchased th~s property .from Mr. Zah~e in 1987, the buildings and grounds were in dire need of renovation. The house ~s an unkept roaeh infested dump occupied by at least five u~elated adults. The cottage was being u~ed as a pet grooming pa~lor. By securing an equity loan on our home in excess of $125,000.00, we w~e able to make the much needed improvements on the stores, the house and the cottage. In doing so, not o~ly have we made a positive impact on the area but also provided three exceptionally nice living spaces at reasonable rental rates, in an area where decent affordable apartments are not easily obtained. Car~ently, there is a young couple residing in the eot~ge, a single man in the downsta~ of the house, and a single man in the upst~ of the house. All are established and content in clean well- kept apartments. we p~dz o~ctves on mai~aining t~ property to the utmost, and to this point have spared no expense in doing so. Improvements were made o~ly to struc~es th~ were ex~ting and in use at the t~e of our purchase of the property. We were led to believe that these were legitimate and acceptable uses. The extent of oar expend~e for improvement, s was based on projected rental income produced by ~ pre-existing dwellings. It was never our intent to over- step any zoning or usage rest~ctions. Our intent was simply to invest in a piece of real estate, improve it to the benefit of all concerned, break even on the expenses for the t~e being and hopefully, down the road, see it build some equity for our family's future. Live the "Old American Dream" as they say. As it stands now, our mortgage payment, equ~y loan payment, taxes and maintenance fees total $63,000.00 plus per year. The rental income for the three stores and the three apartment~ total $53,000.00 per year providing there is fall occupancy as we have c~ently. Therefore, to lose even one rental would seriosly jeopardize os abil~y to carry what ~ already a heavy financial burden. We sincerely hope that, aft~ careful co~ideration and review of the before and~t~.~ho~g~(included herewi~) of the property as w~ll as the fa~t~ presented at the hea~ing along with our c~ent financial situation and sentients expressed in t~is letter, you will grant our applic~on for the uses requested. Thank you kindly. Sincerely, Joseph and Betty Hardy THOMAS A. TWOMEY. JR. STEPHEN B. LATHAM JOHN F. SPIEA. III CHRISTOPHER O. KELLEY LAWRENCE M. STORM' TV(O.~IEY, LATHAM, SHEA & KELLEY ATTORNEYS AT LAW September 13, 1990 Gerard P. Goehringer, Chairman Zoning Board of Appeals $outhold Town Hall 53095 Main Road Southold, New York 11971 Re: Application of Joseph & Betty Hardy Main Road. Mattituck. New York Dear Mr. Goehringer: Pursuant to request made by the Board, enclosed please floor plans for buildings located at the above address. find Now~hat~chis Tinalsubmissi~nhas~eendelivere~wewould ask that the matter be placed on the hearing calendar. Please contact me so that we can arrange to have someone available to assist 1=he Board in its site inspection. Very truly yours, PER:mp Encs. P. Edward Reale APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio. Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 June 4, 1991 P. Edward Reale, Esq. Twomey, Latham, She & Kelley 33 West Second Street, Box 398 Riverhead, NY 11901 Re: Appl. Nos. 3958V and 3959SE - Joseph and Betty Hardy Dear Mr. Reale: This letter is a follow-up to our telephone confirmation today with your secretary, Joan. The above applications have been calendared for public hearings to be held before the Board of Appeals at our next hearings calendar (mid-July). In the interim, the square footage calculations of each dwelling unit should be furnished for the record as early as possible, together with a copy of all town building permits and/or certificates of occupancy for the subject garage, which was converted to pet-grooming and later converted to dwelling use. ~lso, please be aware that the "proposed building 18' high, building area 2,400 sq. ft." is not the subject of these pending applications and therefore has been deleted from the map and reviews by the Board. Should a permit be applied for in the future for the "proposed building" and a variance be necessary, ~a separate application will be required. Confirmation of the time and date will be sent to you by way of a copy of the Legal Notice, as published by our office in the L.I. Traveler-Watchman and Times-Review newspapers. You should feel free to call our office at any time to update your file on other possible developments. Very truly yours, GOEHRINGER GERARD P. CHAIRMAN TWOMEY~ I~ATHAM~ ~HEA ~ KELLEY 516-727-2180 TELEFAX: 516-727-1767 May 23, 1991 Gerard Goehringer, Jr., Chairman Southold Town Zoning Board of Appeals Town Hall Main Road' Southold, New York 11971 Re: Application of Joseph and Betty Hardy Mattituck, New York Dear Mr. Goehringer: Enclosed please find seven copies of the survey map depicting the structures on the property together with their current uses as requested by your Board. Since I believe this is the only remaining information that your Board requires, please let me know when the matter will be scheduled for public hearing. Thank you for your cooperation and assistance in this application. Very truly yours, P. Edward Reale PER:JML Enclosures APPEALS BOARD MEMBER~ Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOFF L. HARRIS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 September 27, 1990 P. Edward Reale, Esq. Twomey, Latham, Shea & Kelley 33 West Second Street P.O. Box 398 Riverhead, NY 11901 Re: Appl. No. 3958V and 3959SE Application of Mr. and Mrs. UTM 91000-1t4-11-5 Joseph Hardy Dear Mr. Reale: Thank you for your recent letter with sketches of the floor plan layouts of the front business section, two dwelling unit areas, and rear cottage. Please confirm as to whether the board may conduct an on-site inspection 9f the buildings and premises on Saturday, October 20, 1990 at approximately 10:00 a.m. Also, in reviewing the file, it w~s noted that the survey su]mnitted depicts a pet grooming use in the existing accessory building and also depicts a proposed building further to the rear of the premises. It is requested that Jm the interim sJ-x prints of a corrected map be furnished ~or appropriate reviews and processing which show the existing buildings and label the uses of each. Please do not hesitate to contact us in the event the above date is not convenient. Thank you. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski APPEALS BOARD MEMBERS Gerard P. Goehfinger, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765 - 1800 February 28, 1991 P. Edward Reale, Esq. Twomey, Latham, Shea & Kelley 33 West Second Street, Box 398 Riverhead, NY 11901 Re: Appl. Nos. 3958V and 3959SE - Joseph and Betty Hardy Dear Mr. Reale: This letter will acknowledge receipt on February 15, of your recent letter with amended appeal application and amended neighbor notice forms. 1991 This will also confirm that you have authorized, by telephone to me this week, a modification under Paragraph #2 of the appeal form (ZB1) to Section 100-92 (instead of 100-192). As mentioned to you, these applications will be placed on the hearings calendar for the March 22, 1991 Regular Meeting, provided we receive seven prints of amap with the required use information by March 6, 1991. In the event you are not able to furnish the maps by this advertising deadline, we will carry the subject applications to the next calendar of hearings. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski APPEALS BOARD NIEMBERS Gerard P. Gochringcr, Chairman Charles Grigonis, Jr. Serge Doyen, ir. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD scoTr L. HARRIS Town Hnll, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fnx (516) 765-1823 Telephone (516) 765-1800 October 24, 1990 P. Edward Reale, Esq. Twomey, Latham, Shea & Kelley 33 West Second Street P.O. Box 398 Riverhead, NY 11901 Re: Appl. No. 3958V and~ Applications for Joseph Hardy Dear Mr. Reale: During the on-site inspection, it was noted that several uses exist at the site, both retail-business and residential. As you know, the premises is located in the Hamlet-Business Zone District and contains a total area of 21,906 sq. ft. In reading the applications on file for the Special Exception and the Variance, it appears that th? requests made therein were taken from the March 8, 1990 Notice of Disapproval from the~ · , _. ,_ Building Inspector. There are other areas which were not included in the March 8, 1990 determination, and it would be appropriate to address these areas prior to our publication in the local newspapers and provide you with an opportunity to amend your application accordingly. Sections 100-91B(2 & 4) as applied in the Special Exception are requests "to permit second accessory apartment over stores or alternative multiple dwelling" as applies to the HB Zone District. Section 100-91B(2) authorizes multiple dwellings by Special Exception, and the Bulk Schedule requirement (100-92) for the HB Zone District limits the permitted number of such uses to the extent of 20,000 square feet of lot area per unit. Based on the square footage of this parcel at 21,906 sq. ft, the additional (two) residential uses will require variances as to insufficient lot area. Page 2 - October 24, 1990 To: P. Edward Reale, Esq. Re: Appl. Nos. 3958V nd 3959SE - Hardy Section 100-91B(4) authorizes accessory apartments over retail stores and business by special exception subject to those requirements listed at Subsections (a) through (f). The accessory apartment request is not located over a retail store or business. The Special Exception application does not appear to be appropriate in this project. You may, if you wish, re-submit your application under the same file numbers (for which filing fees were paid), or in the alternative, you may request a refund for both applications since no hearings have been held at this point. Should you prefer the Board to proceed with a hearing, after proper notice, we would do so, without the benefit of a refund should the outcome be unacceptable. Please let us know how you wish to proceed, and if you are re-submitting the application forms, please be sure to provide o the maps with the existing buildings and existing uses labeled r each building. We are enclosing copies of the zoning provisions above referred for your convenience. Very truly yours, CHAIRMAN lk Enclosures § 100-91 ZONING § 100-91 //~)Uses permitted by special exception by the Board of Appeals. (~ The following uses are permitted as a special exception by the - Board of Appeals ~s hereinaf~r provided, subject to sito plan approval by the Planning Board: (1) Any special exception use set forth in and as regulated by § 100-31B(3) to (6) and (14) and (15) of the Agricultural Conservation District. ~((/~Multiple dwellings and townhouses. -'(3) Motel and hotel uses as set forth in and regulated by § 100-61B{4) of the Resort Resident/al (RR) District, except that minimum lot size shall be three (3) acres. [Amended 7-31-1990 by Ord. No. 16-1990] //~-'i [Amended 12-12-89 by L.L. No. 23-1989] Apartments ~ ~' may be permitted over retail stores and business, professional and governmental offices, subject to the following' requirements: (a) The explicit written approval of the Town Fire Prevention Inspector shall be obtained for the design, location, access and other safety-related elements of every such apartment. No apartment shall be permitted over filling stations, stores retailing flammable or fume-producing goods, restaurants or other businesses with kitchens or other facilities producing intense heat or any other establishment which the Fire Prevention Inspector determines to pose a greater-than-average built-in fire risk. (b) The habitable floor area of each apartment shall be at le~t four hundred fifty (450) square feet, but in no case more than seven hundred fifty (750) square feet. The apartment shall not be located on the first floor of the building, and the apartment shall contain all services for safe and convenient habita- tion, meeting the New York State Uniform Fire Prevention and Building Code and the Sanitary Code. 10077 ~. 2~- so § 100~91 sOUTHOLD CODE § 100-91 (c) There shall be no more than three (3) apartments created or maintained in any single building. (d) Each apartment, or common hallway servicing two (2) or three (3) apartments, shall have a separate access to the outside of the building, which must be distinct from the access to uses on the first floor. (e) Each apartment shall have at least one (1) on-site off- street parking space meeting the standards of this chapter, conveniently located for access to the apartment. (f) Only the owner of the building in which it is proposed to locate the apartment(s) may apply for this special permit. The Board of Appeals shall require that such applicant execute such agree- ments, contracts, easement~ covenants, deed restric- tions or other legal instruments running in favor of the town as, upon recommendation of the Town Attorney, the Board shall determine to be necessary to ensure that~ [1] The apartment, or any proprietary or other interest therein, will not be sold to the tenant or any other party, except as part of a sale of the entire building in which the apartment is located. [2] The apartment is made available for year- round rental. [3] The apartment is properly constructed, main- rained and used, and unapproved uses are excluded therefrom. [4] Any other condition deemed reasonable and necessary to ensure the immediate and long- term success of the apartment in helping to meet identified housing needs in the community is complied with. 10078 s- a~- so Town of Scuthold Denalty and Minimum Lot Size Schedule for Nonresidential Distrlete~ [Added 1-10-89 by LL.~No. 1-1989] LB lib B Marine 11 MINIMUM LOT SIZE (Uluaxe feet~ Busimzs. office, industrial or other nonresidential l-family detached dwelling Residential unit without utilities 80,000 (iii) 20.000 (v~i) NA 40.000 40.000 (vii) NA NA I JO /.~oman numerals refer to Lhe applicable column in the Residential Bu k Schedu e. ~'~ multiple dwelling, hotel, motel and/or conference uses (where permitted), th~s table reters to mm~mum lot s~e pe~L_u_n, it, Refer to the Residential Bulk Schedule for total lot size, yard and setback dimension~ for the applicable district, unle~ more-restr ct ~e requirements are indicated in the text of the chapter. ~ [Amended 8-1-89 by L.L. No. 14-1989] I0 - 25 ~ 89 THOMAS A. TWOMEY, JR. STEPHEN B. LATHAM T%VO.~IEY, LATHAM, SHEA ~ KELLEY ATTORNEYS AT LAW 3,3 WEST SECOND STREET RIVERHEAD. NE%V YORK 11901 PETER M. MO'lq'* HERMON J. BISHOP LISA C. KOMBRINK September 13, 1990 Gerard P. Goehringer, Chairman Zoning Board of Appeals South~ld Town Hall 53095 Main Road Southold, New York 11971 Re: Application of Joseph & Betty Hardy Main Road. Mattituck. New York Dear Mr. Goehringer: Pursuant to request made by the Board, enclosed please find floor plans, for buildings located at the above address. Now that this ~inal submission has been delivere~wewould ask that the matter be placed on the'hearing Calendar. Please contact me so that we can arrange to have someone available to assist~he Boardin its site inspection. Very truly yours, PER:mp Encs. P. Edward Reale t APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box !i79 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 July 12, 1990 P. Edward Reale, Esq. Twomey, Latham, Shea & Kelley 33 West Second Street P.O. Box 398 Riverhead, NY. 11901 Re: Appl. No. 3958 & 3959 - JOSEPH HARDY Dear Mr. Reale, This Board has received the above captioned applications regarding the property located at 13500 Main Road, Mattituck. We require the following information to complete your file: (a) A floor plan layout of proposed apartment. (b) A floor plan layout of proposed apartment in the 20' X 30' building. Also, please notify this office at 765-1809 at your earliest possible convenience to schedule an inspection on this particular parcel on a Saturday between 9:30 - 10:30 a.m. Very truly yours Gerard P. Goehrigner Chairman ZBA/df APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SE~RA UNLISTED ACTION DECLARATION Appeal No. 3959 Project Name: Mr. & Mrs. Joseph county Tax Map No. 1000- 114-11-5 Location of Project: 13500 Main Road, Mattituck Hardy SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 August 15, 1991 Relief Requested/Jurisdiction Before This Board in this Project: Accessory apartment or second dwelling unit over stores. This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. {,~} this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. { } this Board refers lead agency status to your agency'since the. Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews.' The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume . you have waived same, and we will be required to proceed as Lead Agency.) For further information, please contact the Office 9f the Board Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. tr of APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigorfis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARID OF APPEALS TOWN OF SOUTHOLD SEQRA UNLISTED ACTION DECLARATION Appeal No. 3959 Project Name: Mr. & Mrs. Joseph County Tax Map No. 1000- 11 4- 11 - 5 Location of Project: 13500 Main Road, Mattituck Hardy SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 August 15, 1991 Relief Requested/Jurisdiction Before This Board in this Project: Accessory apartment or second dwelling unit over stores. This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to krticte 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. {~} this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or a. This application does not directly relate to new construction or on-site improvements. { } this Board refers lead agency status to your agency'since the. Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews.' The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume . you have waived same, and we will be required to proceed as Lead Agency.) For further information, please contact the Office of the Board Appeals, Town Hall, Main Road, Southold, NY 11971 at (516i 765-1809. of SU.OLK Clerk of THE SUFFOLK TIMES, m Weekly Mewlplpi~, publ~hed at Mattltue~ In the Town of ~uth~M, ~un~ Qf Suffolk and Stote of New Yo~ 3aid Newspaper once em~h week for / wiiks su~ces;Ively, commencing ~n the ~ day of Principal CIork i~OTICE OF NOHCE IS EEREBY GIVEN. Law and t~e Code of the Tow~ of Sou~old, ~ bUo~n$ matin w~ Legal... See Legals. ,nexl p~ge NOTICE OF HEARINGS NOTICE 1S HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF AppEALS at the Southold Town Hall, 53095 Main Road, Southold, NY 11971, on THURSDAY, AUG- UST 15, 1991, commencing at the times specified below: 7:30 p.m. Appl. No. 4043-- JOHN H. AND GAYLE BIRK- MIER. Special Exception to the Zoning Ordinance, Article III, Section 100-308(16) for permis- sion to establish "Bed and Breakfast Useg' an owner-oc- cupied building, other than a hotel, where lodging and break- fast is provided for not more than six casual, transient t' roomers, and renting of nnt~ more than three rooms on the second-floor of the existing dwelling structure. Location: 48850 Main Road, Southold, NY; County Tax Map No. 1000- 70-07-10. 7:35 p.m. Appl. No. 4044-- WILLIAM, AILEEN AND JOHN, PARROTT. Variance to ! the Zoning Ordinance, Article i XXIlI, Section 100-239.4B and i Article XXIV, Section 100-244B, for approval of deck construc- tion at less than :/5 feet from the bulkhead and in excess of the 20% lot coverage limitation for: all structures. The subject par-~ cci is substandard in size and is located in the R-40 Zone Dis- trict. Location of Property: 2435 [ Cedar Lane, East Marion; County Tax Map No. 1000-37- 4-9. 7:40 p.m. Appl. No. 4045--t0 GLORIA LOWERY. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4(B) for permission lo construct open- deck addition to dwelling struc- ture with a setback at less than 75 feet from the bulkhead. The subject parcel is substandard in size and is located in the R-40 Zone District. Location of Pro- perty: 650 Oak Avenue, Southold, NY; County Tax Map No. 1000-77-1-2. Also referred to as Lot Nos. 285, 284, 283, 282, and part of 281 on the Map of Goose Bay Estates (1934). 7:45 p.m. Appl. No. 4045-- MR. AND MRS. THOMAS M. McKEON. Variance to the Zon- ing Ordinance, Article XXIV, Section 100-244B for permission to construct addition with breezeway and garage which will be in excess of the 20% lot coverage limitation. The subject narcel is substandard in size and''t is located in~,~ R-40 Zone Dis~ trier. Loca,l~__f Property: 415 Fisherman'~each Road, Cut- chogue; also referred to as LOt 7 on the Map of Peconic Bay Properties, Inc. (1931); CountyI Tax Map No. 1000-111-1-26. 7:53 p.m. Appl. No. 4048--! BURT LEWIS, JR. Variance to the Zoning Ordinance, Article: liT, Section 100-32 and Articlel XXIV, Section 100-243 for ap- proval of office addit on result- ing in an expansion of the exist- lng nonconforming use and in- creasing the degree of noncon- formance of the building set- back in the front yard area. T~e subject parcel is substandard in size and is located in the Agri- cultural-Conservation (A-C) Zone District. Location of Pro- petty: 6920 Main Road, Laurel, NY; County Tax Map N~a[ 1000-126-01-4.1; also referred~[6 as Lot Nos. I & 2 on the Map of George I. 'Ihthill (1929). 8:15 p.m. Appl. No. 4041--] DONALD AND JEANNE' GRIM. Amendment to Special Exception approval under Appl. No. 3491, in this Light Industrial (LI) Zone District for permis- sion to authorize recycling and salvage facility, excavation and drainage yard (pursuant to Town Board Resolution adopted Apri 9, 1991, to be used in conjunc tion with those uses conditional- ly permitted under Special Ex- ception No. 3491 (ZBA resolu- tion adopted June 25, 1986) for. outside stockpiling of material and related offices. Location of Property: LOt No. 2 on the Minor Subdivision Map No. 450 of LB. Glovar; 11910 Oregon Road, Cutchogue, NY; County Tax Map No. 1000-83~3-part.of 4.4, containing 4.59 acres.~'~ 8:20 p.m. Appl. No. 4042-- LAWRENCE CERVON. Vari- ance to the Zoning Ordinance, Article XXIII, Section 100-239.48 for permission to construct addition to dwe ling with a setback at less than 75' feet from the bulkhead. Loca-, tion of Property: 8460 Peeonic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-126-11-21. The subject par- cel is substandard in size and is located in the R-40 Zone District. 8:30 p.m. AppL No. 3959-- MR. AND MRS. JOSEPH HARDY. Variance to the Zon- ing Ordinance, Article IX, Sec- tion 100-92, for permission to increase the degree of noncon- formance of the lot area for the establishment or approval of a second dwelling unit in an exist- . lng dwelling structure and fcic the establishment or approval of COUNTY OF SUFF( STATE OF NEW YORK ss: Patricia Wood,' being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has heen pul)lisl~ed in smd Long Island Traveler-Watchman once each week rot ...................... /. .... weeks successively, commencing on the ...................... Swo,'n rtl befo,'e me this .. ........ '..~.~? ....... day of Notary Public BARBARA A. SCHNEIDER a third dwelling unit in the rear accessory building, both in con- junction with multiple business uses and existing single-family residential unit of this substan- dard parcel. Location of pre- mises: 13500 Main Road, Mat- tituck, NY; County Tax Map ID No. 1000-114-11-5. The subject pamel is nonconforming in this Hamlet Business (HB) Zone District containing approximatel one-half acre of total lot area. 8:40 p.m. Appl. No. 3959-- MR. AND MRS. JOSEPH HARDY. Special Exception to the Zoning Ordinance, Article IX, Section 100-91B(2)(4) to permit either an accessory apartment or second dwelling unit over stores, or alternatively to permit multiple dwelling use within the existing mixed busi-, ness/residential structure. LocaO~ tion of premises: 13500 Main Road, Mattituck, NY; County Tax Map ID No. 1000-114-11-5. The subject parcel is noncon- forming in this Hamlet Business (HB) Zone District containing approximately one-half acre of total lot area. 8:50 p.m. Appl. No. 4039-- CLIFFS1DE ASSOCIATES. Appeal for an Interpretation under the Definition Section of NOTARY PUBUC, St?le ol New York No. 4806846 QualiOed in Suffolk Cot~nty~ Commission Expires the Zoning Ordinance, Article l-- Section 100-13 as noticed to the adjoining property owners, as pertains to dwelling and/or motel .uses, and the installation of cooking faciliites. Location of Property: 61475 County Road 48, Greenport, NY; County Tax Map Parcel ID 1000-045-01-001 and 002 (2.1), containing ap- proximately 7.5 acres. Zone Dis- tric.~: Resort Residential (RR). ¢~l'he Board of Appeals will at said time and place hear any and all persons or representatives de- siring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hear- ing. Each hearing will not start before the times designated above. For more information, please call 765-1809. Dated: ~luly 25, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski IX, 8/8/91 (5) APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN C~F SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought uD during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy, is always appreciated. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, Enclosure GEP~kRD P. GOEHRINGER ] % :CHAIRMA/~ By Linda Kowalski NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town. Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, NY 11971, on THURSDAY AUGUST 15~ 1991, commencing at the times specified below: 7:30 p.m. Appl. No. 4043 - JOHN H. AND GAYLE BIRKMIER. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(16) for permission to establish "Bed and Breakfast Use," an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms on the second-floor of the existing dwelling structure. Location 48850 Main Road, Southold, NY; County Tax Map No. 1000-70-07-10. 7:35 p.m. Appl. No. 4044 - WILLIAM, AILEEN AND JOHN PARROTT. · Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B and Article XXIV, Section 100-244B, for approval of deck construction at less than 75 feet from the bulkhead and in Page 2 - Legal Noti of Hearings Regular Meeting of August 15, 1991 Southold Town Board of Appeals excess of the 20% lot coverage limitation for all structures. The subject parcel is substandard in size and is located in the R-40 Zone District. Location of Property: 2435 Cedar Lane, East Marion; County Tax Map No. 1000-37-4-9. 7:40 p.m. Appl. No. 4045 - GLORIA LOWERY. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4(B) for permission to construct open-deck addition to dwelling structure with a setback at less than 75 feet from the bulkhead. The subject parcel is substandard in size and is located in the R-40 Zone District. Location of Property: 650 Oak Avenue, Southold, NY; County Tax Map No. 1000-77-1-2. Also referred to as Lot Nos. 285, 284, 283, 282, and part of 281 on the Map of Goose Bay Estates (1934). 7:45 p.m. Appl. NO. 4046 - MR. AND MRS. THOMAS M. McKEON. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to construct addition with breezeway and garage which will be in excess of the 20% lot coverage limitation. The subject parcel is substandard in size and is located in the R-40 Zone District. Location of Property: 415 Fisherman's Beach Road, Cutchogue; also referred to as Lot 7 on the Map of Peconic Bay Properties, Inc. (1931); County Tax Map No. 1000-111-1-26. 7:53 p.m. Appl. No. 4048 - BURT LEWIS, JR. Variance to the Zoning Ordinance, Article III, Section 100-32 and Article XXIV, Page 3 - Legal Noti~of Hearings Regular Meeting of August 15, 1991 Southold Town Board of Appeals Section 100-243 for approval of office addition resulting in an expansion of the existing nonconforming use and increasing the degree of nonconformance of the building setback in the front yard area. The subject parcel is substandard in size and is located in the Agricultural-Conservation (A-C) Zone District. Location of Property: 6920 Main Road, Laurel, NY; County Tax Map No. 1000-126-01-4.1; also referred to as Lot Nos. 1 & 2 on the Map of George I. Tuthill (1929). 8:15 p.m. Appl~ No. 4041 - DONALD AND JEANNE GRIM. Amendment to Special Exception approval undler Appl. No. 3491, in this Light Industrial (LI) Zone District for permission to authorize recycling and salvage facilitiy, excavation and drainage yard (pursuant to-Town Board Resolution adopted April 9, 1991, to be used in conjunction with those uses conditionally permitted under Special ExceptionNo. 3491 (ZBA resolution adopted June 25, 1986) for outside stockpiling of material and related offices. Location of Property: Lot No. 2 on the Minor Subdivision Map No. 450 of L.B. Glover; 11910 Oregon Road, Cutchogue, NY; County Tax Map No. 1000-83-3-part of 4.4, containing 4.59 acres. 8:20 p.m. Appl. No. 4042' - LAWRENCE CERVON. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct addition to dwelling with a setback at less than 75 feet from the bulkhead. Location of Property: Page 4 - Legal NotJ ~ Hearings Regular Meeting of August 15, 1991 Southold Town Board of Appeals 25235 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-126-11-21. The subject parcel is substandard in size and is located in the R-40 Zone District. 8:30 p.m. Appl. No. 395~ - MR. AND MRS. JOSEPH HARDY. Variance to the Zoning Ordinance, Article IX, Section 100-92, for permission to increase the degree of nonconformance of the lot area for the establishment or approval of a second dwelling unit in an existing dwelling structure and for the~establishment or approval of a third dwelling unit in the rear accessory building, both in conjunction with multiple business uses and' existing single-family residential unit of this substandard parcel. Location of premises: 13500 Main Road, Mattituck, NY; County Tax Map ID No. 1000-114-11-5. The subject parcel is nonconforming in this Hamlet Business (HB) Zone District containing approximately ~ne-half acre of total lot area.  :40 p.m. Appl. No. 3959 - MR. AND MRS. JOSEPH HARDY. Special~ ception to the Zoning Ordinance, Article IX, Section 0-91B(2)(4) to permit either an accessory apartment or second dwelling unit over stores, or alternatively to permit multiple dwelling use within the existing mixed business/residential structure. Location of premises: 13500 Main Road, Mattituck, NY; County Tax Map ID No. 1000-114-11-5. The subject parcel is nonconforming in this Hamlet Business (HB) Zone District ~containing approximately one-half acre of total lot area. Page 5 - Legal Noti~ ! Hearings Regular Meeting of August 15, 1991 Southold Town Board of Appeals 8:50 p.m. Appl. No. 4039 CLIFFSIDE ASSOCIATES. Appeal for an Interpretation under the Definition Section of the Zoning Code, Article I, Section 100-13 as noticed to the adjoining property owners, as pertains to dwelling and/or motel uses, and the installation of cooking facilities. Location of Property: 61475 County Road 48, Greenport, NY; County Tax Map Parcel ID 1000-045-01-001 and 002 (2.1), containing approximately 7.5 acres. Zone District: Resort Residential (RR). The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more information, please call 765-1809. Dated: July 25, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski TO: Times-Review Delivered 8/5/91 L.I. Traveler-Watchman For Publication Copies of legal notice for August 15, 1991 hearings were mailed to the following 8/6/91: Mr. and Mrs. John H. Birkmier 48850 Main Road Southold, NY 11971 Mr. John L. Parrott Creative Retirement Planning, Inc. 30 Rockefeller Plaza, Suite 4336 New York, NY 10112 Mr. Burt G. Lewis, Jr. P.O. Box 983 Cutchogue, NY 11952 Gary Flanner Olsen, Esq. P.O. Box 706 Cutchogue, NY 11935 (Re: McKeon) Mr. and Mrs. Thomas McKeon 17 Massachusetts Blvd. Bellerose Village, NY 11701 Mr. and Mrs. Donald Grim P.O. Box 300 Cutchogue, NY 11935 Mr. Thomas C. Samuels (Re: Cervon) Samuels & Steelman 25235 Main Road Cutchogue, NY 119~35 P. Edward Reale, Esq. (Re: Twomey, Latham, Shea & Kelly P.O. Box 398 Riverhead, NY 11901 Hardy) Richard T. Haefeli, Esq. (Re: 184 Main Street P.O. Box 1112 Westhampton Beach, NY 11978 Mr. Robert Coady Mr. James £. Fitz§era]d, Jr. 250 Oak' Avenue Proper-T Services .Southold, NY 11971 P.O. Box 6]7, Cutch0gue, NY ]]935 I (included copy of map of deck & I neighbor notice Re: Lowery) Cliffside) and Mr. Kenneth Tedaldi 130 Jessup Ave. Quogue, NY 11959 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY. SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 3959, JOSEPH & BETTY HARDY DATE: JULY 5. 1990 Transmitted is application for special exception submitted by P. Edward Reale from Twomey, Latham, Shea & Kelley on behalf of JOSEPH & BETTY HARDY together with notification to adjacent property owners; Notice of Disapproval from the Building Department; short environmental assessment form; Zoning Board of Appeals Questionnaire form; survey of property; copy of Deed; and survey of property. Judith T. Terry Southold Town Clerk TWOMEY, LATHAM, SHEA ~ KELLEY ATTORNEY6 AT LA~ HIVEHHEAD, I~EW YOHK 11901 516-727-2180 TELEFAX: 516-727-1767 Gerard P. Goehringer, Chairman Zoning Board of Appeals Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: ADDlication #'S 3958V and 3959SE AmDlication of JoseDh and betty Hardy Dear Mr. Goehringer: Enclosed please find a revised zoning variance application for the above-referenced applicant which has been amended pursuant to your suggestion. The revised application requests dimensional variances from Section 100-192 for insufficient lot area to permit the continued use of the additional apartments. With respect to the special exception requested, since the applicant is requesting ~hat the Board grant approval for the multiple dwelling permitted in the HB distric~, we wish to proceed on the application for special exception fg~ multiple dwelling, while seeking variances for the dimensional ~imitations. As stated in your letter, we are resubmitting this application under the same file numbers for which filing fees have already been paid and would ask that you proceed with your review and a hearing · on the matter. Gerard P. Goehringer, Chairman January 10, 1991 ~ Page Two Thank you for your cooperation and assistance in this matter. PER:db Encs. Very truly yours, P. Edward Reale ItECEIVED JUL 0.5 1990 TO THE ZONI. NG BOARD OF APPEALS, TOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION SOUTHOLD, NEN YORK: Application No.'~ Date Filed: ~ (We), Joseph & Betty Hardy 0f13500 Main Road, (Residence, House No. and Street) Mattick, New York 11952 (Hamlet, State, Zip Code, Tel6phone Number) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE 100 , SECTION 91 , SUBSECTION for the below-described property for the fol]owin9 uses and purposes (and as shown 6n the attached plan drawn to scale): 13500 Main Road, Mattituck: To permit second accessory apartment over stores or alternative multiple dwelling. A. Statement of Owners~i~p and Interest. Joseph & Betty Hardy property known and referred to as Ax(are) the owner(s) of 13500 Main Road, Mattituck, N.Y. (House No., Street, Ham]et) identified on the Suffolk County Tax Maps as District 1000, Section 114 Block 11, Lot(s) 05 , which is not ~x on a subdivision Map. (Filed ~ , "Map of ~ "' p o. , and has been a r o own Planning Board on The above-described property was acquired by the owner on 4/20/87 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: property is in mixed used area: special exception is permitted use by the Town Code. C. The property which is the subject of this application is zoned "HB" [ x] iS consistent with the use(s) described in the Certificate of Occupancy being furnished herewith. [ ] 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 YORKi ss.: Sworn t~ before me this day of Z¢2 (rev. 2/6/~6) ~-Sig~Ju[et990.JOSEPH HA~l~)Y JULIA H. LUL Nota~--~~ of New Yo~k No. 4872284 Ouslified in Suffolk Counb/ OA and BOARD OF APPEALS, TOWN OF SOUTHOLD In the Mailer ct the Petition of JOSEPH & BETTY HARDY to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 13500 Main Road, Mattituck, New York _~S._~C.~T_.M_._d~.signation: 1000-114-11-05 .... =.S_~._e_ art t a c~h9 d~_s i t e plan- 3. That the property which is the subject of such Petition is located in the following zoning district: 4 ]hat h,~ such Pctitiun, thc undersigned will request the following relief: permission to continue use of second residence on the parcel. 5. ]hat the provisions of the Southold Town ~Zoning Code applicable to the relief sought by the under- signedare Article IX Section ]00-U1 (A)(T)(2) [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. lhat within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the SouthoJd Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (5].6) 765-1809. 7. [hat before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals: that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at ~uch hearing. Dated: March 16, 1990 Petitio~eJ ~ Owners'Names: Joseph & Betty Hardy PQs]; Q_ffjce Ad, dress 13bUO Main Road Mattituck, New York 11952 Tel, No. ( ) [Copy of sketch purposes.] or plan showing proposal to be a t t a c he d *'~ 0'~] ~.~?~5~ e PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Allbobrick Realty Corp. Main Road, P.O. Box Mattituck, New York 54 11952 Diane Giannone Sunset Drive Mattituck, New York 11952 Raymond Nine Mattituck, New York 11952 Southampton Lumber Corp. Powell Avenue Southampton, New York 11968 STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.: Diane Breitenbach ,residing at Union Avenue, AquRboguR: New York 11 931 , being duly sworn, deposes and says that on the 5th day of Jun~ ,19 90 ,deponent mailed a true copy of the Notice set forth on there- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresse~ of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Riverheadf New York (certified) 5th Sworn to before me this day of June , 19 90 // Notary Public ; that said Null, e~ere mailed to each of said persons by ~ihne ~r~itenbach Cemmkmkn Exliee~kJgusl 3'1.1901 (This side does not have to be completed on form transmitted to adjoining property owners.) P 932 580 523 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDEd NOT FCR INTERNATIONAL MArL (See Reverse) Diane Giannone Sunset Drive Mattituck, NY 11952 P 932 580 521 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDEO NOT FOR iNTERNATIONAL MAIL (See Reverse) s"~uthampton Lumber C¢ ~owe~l Avenue Sou~;~ampton, NY 1196~ P 932 580 524 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDEd NOT FOH INTERNATIONAL ~AIL (See Reverse~ se~lbobrick .Realty Co]'p. ~.~. BOX 54, Main Ro~.d PO S~ te a~d ZiP C de M~UC~, NY 11952 Postage I s Postma,~ OF Dale ~.~ P 932 580 522 RECEIPT FOR CERTIFIED MAIL No INSURANCE COVERAGE PEOV[OEO NOT FOR INTERNATIONAL MAiL (See Reverse) Raymond Nine New Suffolk Avenue P O S/ale and ZIP Code Mattituck, NY 11 95: Postage ~l SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the "RETURN TO" Space on the reverse side· Failure to do this will prevent this card from being returned to you. The return receipt fee will provide you the name of the person delivered to and the date of delivery. For additional fees the following services are available. Consult postmaster for fees and check box{es) for additional service(s) requested. 1. [] Show to whom delivered, date, ar~.addressee's address. 2. [] Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: 4. Article Number P932 580 524 Allbobrick Realty Corp. Type of Service: Mai'n Road [] Registered [] Insured P.O. BOX 54 ~]Certified r--~COO Return Racet t Matituck r New York 11952 [] Express ~ [] for Merchan~se Always obtai~nature of addressee or agent and DATE DELIVERED. 5. Si~ne~J~e -- Addressee 8. Addressee's Address (ONLY ~ requested and fee paid) 7.~te of Delivery PS Form 3811, Apr. 1989 *U.S.G.RO. 1989-238-815 DOMESTIC RETURN RECEIPT SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. The return receipt fee will provide you the name of the person delivered to and the date of delivery. For additional fees the following services are available. Consult postmaster for fees and check box{es) for additional service{s) requested. 1. [] Show to whom delivered, date, and addressee's address. 2. [] Restricted Del)very (Extra charge) (Ettna charge) ~ Article Addressed to: Southampton Lumber Corp. Pow~ll Avenue Southampton, NY 11968 5. Signature -- Addressee X 6. S~a~u)e -- Agegt/ , ,~ 7. Date/of Delivery PS Form 38 1 1, Apr. [989 *U.S.G.EO. 19a~23~lS 4. Article Number P 932 580 521 Type of Service: [] Registered [] Insured !~i~rtified [] COD ~xpress Mail ~%~oert ~: r cR~aCne D~tse ~l~/ays obtain slgnaT~r~ ~f addressee or agent and DATE DELIVERED. DOME~4~ RECEIPT :R: Complete items 1 and 2 whenn~dltional services are desired, and complete items fdress in the "RETURN TO" Space on the reverse side. Failure to do this wlll prevent this card returned to you. The return receipt fee will provide you the name of the person delivered to and f delivery. For additional fees the fo~owing services are available. Consult postmaster for fees ~ box(esi for additional service(s) requested. Iow to whom delivered, date, and addressee's address. 2. [] Restricted Delivery (Extra charge) (Extra charge) ,~eAddressed to: ~£ane Giannone unset Drive attituck, NY 11952 gnature A~ddressee :m~e~- Agent )ate of Delivery ~ c ~ ~.~.~ 4. Article Number P 932 58O 523 Type of Service: [] Registered [] Insured [] Certified [] COD Expr...Ma,, ways obtain signature*of addressee or agent and DATE DELIVERED. 8. Addressee's Address (ONLY requested aM fee paid) rm 3811, Apr. 1989 *U.S.a. EO. 1989-238-815 DOMESTIC RETURN RECEIPT SENOER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you, The return receipt fee will provide you the name of the person delivered to and the date of delivery. For additional fees the fottowing services are available. Consult postmaster for fees and check box(esi for additional service(si requested. 1. I~ Show to whom delivered, date, and addressee's ad~lress. 2. [] Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: 4. Article Number P 932 580 522 Raymond Nine Type of Service: Ne~ Suffolk Avenue [] Registered t~{~ [] Insured Certified .~%~i [] COD Mattituck, New York 11952 [] Express Mall [] Return Receifor Merchan~set Always obtain signature of addressee or agent and DATE DELIVERED. 5. Si~ure -- Addr~s/~ //? 8. Addressee's Address (ONLY if X~j/~y~ requested and fee paid) 6. Si~6at6r'e r--- A~6nt · X 7. Dateof Delivery PS Form 3811, Apr. 1989 *~S.G.RO. 19~9-238-8tS DOMESTIC RETURN RECEIPT FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL 19 ~.O.. To ~....~....~. ~..a,.~. ~...~..e~ · .~.~. ~..~E...~.,.~;..~-a~tT:.. .... ~~..~ :~ .... ~.~ ~ ~ ...... ~L~ns~ Tn~ NOTICE t~at ~o.~ .pp~tio. d~ted ...~ .~. ~. ......... m ~.~.. Location of Property /~ ~ ~ . County Tax Map No. I000 Section ... }/.~ ....... Block ..... I/~ ....... Lot .... ~ ...... Subdivision ............ , .... Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds..(~... ~ ].--~.....~.*.~./..o~.: .~l ~. ?~. ~..~ ~~.~:. ~~ ~,. ~,.~ ~. ~.~.~. %~.~.. ~~.~'-- .c~.~:'~,..~~ .~. ~. ~. ' ~ ~ ' ~ ' L ' ' ..~...~, .... }~,~.~...,..a~...~ ..... o - -~ ..... x .......... ~ ~ ....................... Building Inspector RV 1/80 For UNLISTED ACTIONS Only PART I--PROJECT INFORi'JATIQN (To be com~:leted bV ADDHcant or Proiect sponsor) ,h Hardy . ~ ~' PRO~c~ NAME :' ~RO~cr~cC~noN: Main ~ Joseph & Betty Ha~dy u~.,~,~.,~ Mattituck cou.,v Suffolk 617.21% Appendi State Environment llty Review SHORT EN~/IRONMENTAL ASSESSMENT FOR~I Main Road, Mattituck, directly, across from Wickham Road PROJECT aRIEFU¥: '------------------___ Perm±t continued use of accessory building [] Pa,lgFores~lOi3em si,ace ~] Othe~ Southold Town Zoning Board of Appeals-Variance approval/Special Exception Southold Town Planning Board:Site Plan CERTIFy THAI' THE /NFORMAi'IOht PROVtOED ADOVE IS TI1UE TO THE BEST OF My KNOWLEDGE Josep~ D. Hardy A ~he t.,o,3,~tal ATe,]..311d '/ou Co3sIal Assessment Form berate raceedinn OVER 1 (Continued on re;,,erse side} ~]ec= and the likely imoact- - EA~ it is ass~ed "~=~onal s~ud~es, researca ~r°~t inves~igation~ Will b~ Undertaken. (d) Envircnmen~tai 8. Will pro]~c= have a major effect on ViSual char-' Yes 12. Will prO~ect regUlarly cause objectionable odora, . IS there public controver=y CO~cernieq the Pro]ect? QUESTIOlhNAIRE TO BE CONPLETED AND SUBMITTED ~',ITl{ Yt)UR APPLICATION FO?J1S TO TIiE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes ~ 2.a)Are there any areas which contain wetland grasses? (Attached is a list of tile wetland grasses defined by Town Code, Ch. 97 for your reference.) Yes ~_Mp3 b)Are there any areas open to a waterway without bulkhead? Yes 3. Are there existing structures at or below ground level, such as patios, foundations, etc? ~ No 4. Are there any existing or proposed fences, concrete .~.. barriers, decks, et~? ~ No 5. If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. Yes If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ft. ' Yes ~ 7. Are there other premises under your ownership abutting parcel? If yes, please submit copy of deed. Yes ~ this 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? Yes N~ State Permit # and Nature: Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Site Plan Approval Y~ No Town Board Yes No Town Trustees Yes No County Health Department ~-~ No Village of Greenport Yes No N.Y.S.D.E.C. Yes No Other Yes No 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Yes 11. Is new construction proposed in the area of contours at 5 feet or less as exists? 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes ~ 13. Please list present use or operations conducted upon the subject property at this time 3 stores 2 houses and proposed storaqe building Please submit photographs for the record. I certify that the above statements are true and are being submitted for reliance by the Board of Appeals in considering my applicatio~. Signature (Property ~erI (Authorized~gent) 1/88 WETLANDS [Amemled 8-26-7~; by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (1)All lands generally covered or intermittently cov- ered with, or which hardier on, tidal waters, or lands lying beneath tidal waters, which at mean Iow tide are covered by tidal waters to a maximum c~epth el 'five (5) feet. including but not limited to banks. bogs. salt marsh, swamps, me,qdows, flaL~ or other low lying lands subject to tidal actlan: (2) : All banks, bngs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sca lavender, tall cordgrass, high bush. cattails, gronndsel, marshmallow and Iow march cordgrass; and/.r (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet lamiward of the most landward edge of such a tidal wetland. FRESHWATER WETLANI)S: (I) "Freshwater wetlands" as defined in Article 2,1, Ti- tle 1, § 2,1-0107, Subdivisions l(a) to lid) inclusive, of the Environmental Conservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet- land." us defined in Subsection B(1) :tad lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 z- z,~. ~s DISTRICT 1000 SECTION 114.00 BLOCK 11.00 LOT 005.000 0305 P 346 agoza THIS INDEH'I1JRE, made the 20th day ot April , nineteen hundred and Eighty=Seven , nETWEEN CllARI~S ZAIIEA & Jgt~l T. Z~ItI~ his wife, both residing at 1215 Pike Street, Mattituck, New York 11952, party of:he first part, and & BE't-£t A. HARDY~ his wife, both JOSEPH I tARDY, /residing at 1654 North Highway, Southampton, New York 11968, party of the second part, Wi'I'NE.~ETIL that the ratty of the first raft, in consideration of ten dol¼rs and other whable considera~? paid by the-~'t~, of the s~cona part, does hereby grant and. release unto the party of the second pan, the helm or successors and assigns of the party of the second part forayer, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being i mt he at Mattituck, Town of Sou:hold, County of Suffolk and State of New York, and more particularly bounded and described as follows: BEGINNING at a concrete monument located on the southerly side of Main Road, Mattituck, New York, and the division line between the westerly side of the subject premises and the easterly side of lands now or formerly of Kendall; RUNNING THENCE North 77° 37' 30" East, 68.17 feet along the southerly line of Main Road, Mattituck, New York to a concrete monument; THENCE South 3° 47' 00" East 325.00 feet along ~ands now or formerly of Glover to a concrete monument; THENCE South 77° 37' 30" West 68.17 feet along lands now or formerly of Nine to a concrete monument; THENCE North 3° 47' 00" West 325.00 feet along lands now or formerly of Nine and Kendall to the point or place of BEGINNING. BEING and intended to be the same premises conveyed to the parties of the first part by deed dated 5/18/84, recorded 5/24/84 in L~ber 9568, Page 262. "RECEIVED'' .... APR lCJ 7. TRANSFER TAX SUFFOtK COUN'IY, TOGETIIER with all right, title and interest, if any, of the party of the first part in and to any stree~.s and roads abuuing tile above described premises to the cea:er lilies thereof; TOGETHER wi~h the appurtenances and all the estate aud rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second path the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the fir~ part has not doue or suffered anything whereby the said premises have been encumbered in any way whatever, except ss aforesaid. AND the party of d~e first part, in compliance with Section 13 of the Lien Law, covenants that the party of .the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for ~he purpose of paying the cost of the improvement and will apply the same first to the payment (si the cost of the improvmnent before using any part of the total of the same [or any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense o{ this indenture so requires. IN WFFNE.~ WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN pReSENCE OF: /~/~ / / d~ On the 20thday of April ~987 , before me personally came ~LES ~A~ & ~ T. Z~ to me known to be the individual e descrihed in and who executed the foregoing instrument, and acknowledged that they executed the same. STATE OF NEY/ YOIIK, COU~/TY OF ss: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of ...... , the corporation described STATE OF NEW YORIMBGOUNTY OF ss: On the day-~F 19 , before me personally came to me known to he tbe individual descrihed in and who executed the foregoing instrnment, and acknowledged that executed the same. Not~ry P&.~E4ic, ,~tato of New Yotll No. 52-4642971 - Suffolk Counly,4s~ Commi~ion Expi~ea,~30, 19-~L7 STATE OF NEW YORK, COUNTY OF ss: On tbe day of 19 , before me personally came .the subscribing witness to the foregoing instrument, with whom I am personally acqoaiuted, who, being by me duly sworn, did depose and say that he resides at No. ; 4hat he knows in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed I described in arid who executed ?he foregoing instrument: to said instrument is such corporate seal; that it was so [that he, said subscribiug witness, was preseot and saw affixed by order of the board of directors of said corpora-'[ · :~ execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. [ at the same ti~e subscribed h name as witness thereto. STANDARD FORM Of nLs~t fORK IOARD Of TITLE UNDERWaiStS , D~te~buted b.~ SECURITY TIIT.~ AND GUARAN'~Y COJi4~°.41VY I IN NEW YORK SECTION BROCK LOT COUNTY OS TOWN RETURN BY MAlL TO: ROBERT ~OOKgR, ESQ. 1380 Roanoke Avenue Rtverhead, New York 11901 Zip No. Z J0 ~lJ3'lO y~?h i~"~ ~!m'!fir ~ILDING DEPARTMENT TOI'fN OF SOUTHOLD, N. Y. HOUSING CODE INSPECTION REPORT Location lZ5OO Main Road (number & street) Subdivision .Map No. (Municipality) Lot(s). Name of Owner(s) Nickolas Kouras Occupancy R(~ype) Admitted by: Mr. Kouras Key available Source of request Rudolph H. (owner-tenant] Accompanied by: Mr. Kouras Suffolk Co. Tax No.1000-114-11-5 Bruer~ Esq. Date April 7, 1980 DWELLING: Type of construction Foundation brick Total rooms, 1st. F1 Bathroom(s) Porch, type Breezeway Type Heat Fireplace(s) Domestic hotwater Wood framed #stories 2 4 Cellarpartial Crawl space 2nd. F1 4 3rd. F1 Toilet room(s). X glassed in Deck, type. Garage ' Warm Air No. Exits yes Patio, type Utility room Hotwater X 2 Airconditioning Type heater tankless Other ACCESSORY STRUCTURES: Garage, type const. Storage, type const. Swimming pool Guest, type const. Other Barn converted to a 2 car garage VIOLATIONS: Housing Code, Chapter 52 Location Description Art. Sec. Barn Garage doors III 52-30-A Remarks: Curtis Horton Date of Insp. April 9,1980 Time start 10:00 end 10:30 Location ILDING DEPARTMENT TO¥~ OF SOUTHOLD, N. Y. HOUSING CODE INSPECTION REPORT 13550 Main Road (number & street] Mattituck~ N.Y. (Municipality) Subdivision Name of Owner(s) Occupancy Admitted by: Key available Source of request Map No. Nickolas Kouros not(s) R '-3 (type) ME. Gionnone unoccupied [owner-tenant) Accompanied by: Mr. Gionnone Suffolk Co. Tax No. 1000-11~-11-005 Rudolph H. Bruer, Esq. Date April 7, 1980 D~fELLING: Type of construction Foundation cement block Total rooms, 1st. F1 ~ Bathroom(s) Porch, typ~ Deck, Breezewa~ Garagq (USED TO BE "PUB 75") cement block #stories I Cellar partial Crawl space 2nd. F1 3rd. F1 Toilet room(s). & type Patio, type.__ Utility room X Type Heat gas Fireplace(s) Domestic hotwater Other Warm Air X Hotwater No. Exits 3 Airconditioning yes Type heater gas ACCESSORY STRUCTURES: Garage, type const. Swimming pool Other Storage, type const. Guest, type const. VIOLATIONS: Housing Code, Chapter 52 .Location Description Art. Sec. Restuarant is bein~ chan~d ~ ~w~ businesses - extensive work is now bein& done Re...arks.m · Inspected by: p~.,~. ~t-~C]~' _Date of Insp. Aoril q. 'qSO Curtis Hortcn Time start 10:00 end 10:30 ~ILDING DEPARTI~-ENT TOWN OF SOUTHOLD, N. Y. HOUSING CODE INSPECTION REPORT Location 13500 Main Road (number & street) Subdivision Mattituck, N.Y. Map No. (Municipality) Lot(s) Name of Owner(s) Nickolas Kouros Occupancy R-3 (type) Admitted by: self tenant (owner-tenant) Accompanied by: self Key available Suffolk Co. Tax No.1000-114-11-5 Source of request Rudolph H. Bruer, Esq. Date April 7, 1980 DWELLING: Type of construction Foundation cement Total rooms, 1st. F1 1 Bathroom(s) Porch, type Breezeway Type Heat Mas Fireplace(s) Domestic hotwater yes Other TRAVEL AGENCY cement block #stories Cellar Crawl space ind. F1 3rd. F1 Toilet room(s) Deck, type Patio, type Garag~ Utility room Warm Air X Notwater No. Exits 2 Airconditionin~ Type heater ACCESSORY STRUCTURES: Garage, type const. Swimming pool ~Other Storage, type const. Guest, type const. VIOLATIONS: Housing Code, Chapter 52 Location Description Art. Sec. Roof Simas of small leaks ITT 52-31-C Remarks: :__/'~.._~ ~ .'~---~"~'~ Date of Insp. April 9,1980 Inspected by Curtis Horton Time start 10:30 end 10:45 THOMAS A. TWOMEY. JR STEPHEN S. LATHAM JOHN f SHEA, III CHRISTOPHER D. KELLEY LAWRENCE M STORM' MAUREEN T LICCIONE TWOMEY, LATHAM, SHEA (~ KELLEY ATTORNEYS AT LAW 33 WEST SECOND STREET PO BOX 398 516'727-2180 TELE fAX: 516'727'1767 9 NORTH MAIN STREET EAST HAMPTON, NY 11937 516'324'1200 PETER M MO~* HERMON J BISHOP LISA C. KOMBRINK · ALSO ADMITTED IN CONNECTICUT AND FLORIDA Mr. Victor Lessard Building Department Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 March 6, 1990 Re: Hardy Property-13500 Main Road, Mattituck, New York Dear Mr. Lessard: Enclosed please find application for Certificate of Occupancy for 13500 and 13550 Main Road, Mattituck (SCTM#1000-114-11-005). As we discussed with you, Mr. Hardy is seeking a Certificate of Occupancy to permit the continued use of a tWO~fami~y-~wel~i~g and for a Certificate of Occupancy for the_apartment_that is now in what is denominated as the garage building in the rear. I have enclosed a copy of the survey map for your reference. We understand that a special exception for an apartment would be required for the two-family use in the main building and that a variance would be required to permit the accessory building to obtain a Certificate of Occupancy for the barn building. However, as you are aware, we are required to obtain a letter of denial from your office in order to make application for the variance. Mr. Lessard March 6, 1990 Page Two If you have any questions about this matter, please call the undersigned directly. Thank you for your attention and assistance in this matter. PER:db Enc. Very truly yours, P. Edward Reale FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N.Y. Certificate Of Occupancy No ...... zgR!9 ...... Date ....A~.~. $.1..!0. .................... 19 .~0 THIS CERTIFIES that the building ................................................ 13500 & 13550 Main Road Mattituck, N.Y, Location of Property ..... . ......................... ._...: .......................... House ~vo. ~'treer Ham/er County Tax Map No. 1000 Section .... .1.1.~. .... Block .... ~..1 ......... Lot ..... .0.0~. ........ Subdivision ............................... Filed Map No. ' ........ Lot No .............. requirement-- for reaidential and commercial buildings conforms substantially to the ' ' _ built prior to Certificate of Occupancy 1 · ·Ap=il. 2.3 .......... 1~.. pursuant to which ~ .......... zgR .9 ...... dated ..... Apri~L .'10 ............. 19 ~0., was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is .a...8.l. ng .le .f_~mJ_ly. d~ellLug, plus..tw.o..r~.t.a.l!. .r.e.s. ................................. The certificate is issued to ......... 1~'~..c.k.o.I..as..I[o..1~. p.8. ...........................' ..... [owner, ~ of the aforesaid building. Suffolk County Department of Health Approval ........... [q'/R ........................... UNDERWRITERS CERTIFICATE NO ................... ['¥R ........................... Building Inspector Rev 4/79 FORM NO. '6 ' .. TOWN OF SOUTHOLD Building Department Town Hall southold. N.Y. 1'1971 765- 1802 APPLICATION FOR CERTIFICATE OF OCCUPANCY Instructions This application must be filled in typewriter2~'R ink. and subm,tted m ~ to the Building Inspec- tor with the following; for new buildings or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 2. Final approval of Health Dept. of water supply and sewerage disposal--(S.9 form or equal). 3. Approval of electrical installation from Board of Fire Undem,vriters. 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa- . tions, a certificate of Code compliance from the Architect or Engineer responsible for the building. · 5. Submit Planning Board app,'oval of completed site plan requirements where applicable. B. For existing buildings {prior to April 1957), Non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of pZOperty showing all property lines, streets, buildings and unusual natural or topograph ic features. 2.Sworn statement of owner or previous owner as to use, occupancy and condition of buildings. 3. Date of any housing code or safety inspection of buildings or premises, or other pertinent informa- tion required to prepare a certificate. C. Fees: 1. Certificate of occupancy $25.00 -- BU$[N£$S $50.00 ACCESSORY $10.00 2. Certificate of-occupancy on pre-existing dwelling $ 50. O0 3'C°pY°fcertifica~e°f°ccupanc¥ $ 5.00, over 5 years $I0.00 4.Vacant Land C.O. $ 20.00 c.o. o.oo Da e .......... NewConstruction ...... Old or Pre-existing Building %/( ......... Vacant Land ............ House No. .gtreet Ham/et Owner or Owners of Property ...... County Tax Map No. mOO Section . ! f C/ , ~3 mock . ./. ,L' db Lo,. Subdivision ..... -- · · Fil Health Dept. Approval ................... Labor Dept. Approval ...... Underwriters Approval " ..... · ..... Planning Board Approval Reques: for Temporary Certificate ..................... Final Certificate ....................... Fee Submitted S . Construction on above described building an.~rmit meets all aonl)c~e codes and regulations. Applicant ...~...~ ................... n~,. 10.10-78 THOMAE A. TWOMEY. JR. STEPHEN B. LATHAM JOHN F. SHEA. III PETER M. MOTTI' HERMON J. BISHOP LISA C. KOMBRINK TWOMEY, LATHAM~ SHEA ~ KELLEY 1/IVERHEAD, NEW ¥OHK 11901 516-727-2180 TELEFAX: 516-727~1767 Gerard P. Goehringer, Chairman Zoning Board of Appeals Town of Southold Town Ball 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Application #'s 3958V and 3959SE Ammlication of Joseph and Betty Hardy Dear Mr. Goehringer: Enclosed please find a revised zoning variance application for the above-referenced applicant which has been amended pursuant to your suggestion. The revised application requests dimensional variances from Section 100-192 for insufficient lot area to permit the continued use of the additional apartments. With respect to the special exception requested, since the applicant is requesting that the Board grant approval for the multiple dwelling permitted in the BB district, we wish to proceed on the application for special exception for multiple dwelling,' while seeking variances for the dimensional limitations. As stated in your letter, we are resubmitting this application under the same file numbers for which filing fees have already been paid and would ask that you proceed with your review and a hearing on the matter. Gerard P. Goehringer, January 10, 1991 Page Two Chairman Thank you for your cooperation and assistance in this matter. PER:db Encs. Very truly yours, P. Edward Reale TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAl NO. DATE .......2. ~. .5. /. . .9. .0. .......... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. X%, (We) ..... JQa~P.h...&..Be.~k.y...Ha~y ............. of ....16.5~..l~omth..Kighwa~. ............................. Nome of Appellant Street and Number Southampton, NY 11968 ...... ......................................................................................................................... M~K~UY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... gx) ~x) ( ) WHEREBY THE BUILDING INSPECTOR DENIED TO P. Edward Reale a/c Joseph Hardy Nome of Applicant for permit of 33 W. Second Street, Riverhead, New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY 13500 Main Rd.. Mattituck "HB" Street /Hamlet / Use District on Zoning Map District lO00 Section Block Lot ............................................................... Current Owner Joseph & Betty Hardy The property is located in the "HB" zone. The District premits a broad range of uses including two family dwellings, multiple dwellings, boarding houses, office and restaurants. The area surrounding this parcel contains commercial and mixed uses and is intensibly developed. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) $5 ......................... Notory Public R EDWARD REALE Notary Public, State of New Yor:; No. 4720709. Quill, In Suffolk County Commission Expires June 30, 1 ~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of JOSEPH & BETTY HARDY to the Board of Appeals of the Town of Southold TO: NOTIC£ TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southoid to request a (Variance) (Special Exception) Jflp]t~ad:~elclti:t)x (~Z~X~ [circle choice] ). 2. That the property which is the subiect of the Petition is located adiacent to your property and is des- cribed as follows: 13500 Main Road, Mattituck, New York S.C.T.M. designation: 1000-114-11-05 -See attached site plan - 3. That the property which is the subject of such Petition is located in the following zoning district: "HB" NAM~ Allbobrick Realty Corp. Diane Giannone Raymond Nine Southampton Lumber Corp. PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Main Road, Mattituck, Sunset Drive Mattituck, New York New Suffolk Avenue Mattituck, New York Powell Avenue Southampton, P.O. Box 54 New York 11952 11952 11952 New York 11968 P 932 580 29& RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIO~D NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to Southampton L~]mh~r ~r Street and NO. Powell Avenue P O, State and ZIP Code Southamoton? ~Y 1196 Postage S .29 ce.,,,ed Fee Specsal Delivery Fee Restricted Delivery Fee Return Receipt showing / to whom and Date Delivered Return Receipt sho TOTAL POSta~ ~!~ ~S._ Postmark or,ale i/~: j / D~ane Breitenbach ,residlngat Box 711, Aquebogue, NY 11931 , being duly sworn, deposes and says that on the I 4thday of February ,19 91 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Sou[hold; that said Notic~es w/ere mailed at the United States Post Of- fice at Riverhead, NY ; that said Not~-es"were mailej~to each of said persons by (certified) (registered) mai[. \ ' /X ' bIANE ~REITENBACH Sworn to before me this 1 4th day of February , 19 91 Notary Public (Th~s s~de does not have to be property owners.) completed on form trans~ed to adjoiningi APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio. Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCO'FI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 October 24, 1990 P. Edward Reale, Esq. Twomey, Latham, Shea & Kelley 33 West Second Street P.O. Box 398 Riverhead, NY 11901 Re: Appl. No. 3958V and 3959SE Applications for Joseph Hardy Dear Mr. Reale: During the on-site inspection, it was noted that several uses exist at the site, both retail-business and residential. As you know, the premises is located in the Hamlet-Business (HB) Zone District and contains a total area of 21,906 sq. ft. In reading the applications on file for the Special Exception and the Variance, it appears that the requests made therein were taken from the March 8, 1990 Notice of Disapproval from the Building Inspector. There are other areas which were not included in the March 8, 1990 determination, and it would be appropriate to address these areas prior to our publication in the local newspapers and provide you with an opportunity to amend your application accordingly. Sections 100-91B(2 & 4) as applied in the Special Exception are requests "to permit second accessory apartment over stores or alternative multiple dwelling" as applies to the HB Zone District. Section 100-91B(2) authorizes multiple dwellings by Special Exception, and the Bulk Schedule requirement (100-92) for the HB Zone District limits the permitted nu~er of such uses to the extent of 20,000 square feet of lot area per unit. Based on the square footage of this parcel at 21,906 sq. ft, the additional (two) residential uses will require variances as to insufficient lot area. Page 2 - October 24, 1990 To: P. Edward Reale, Esq. Re: Appl. Nos. 3958V nd 3959SE - Hardy Section 100-91B(4) authorizes accessory apartments over retail stores and business by special exception subject to those requirements listed at Subsections (a) through (f). The accessory apartment request is not located over a retail store or business. The Special Exception application does not appear to be appropriate in this project. You may, if you wish, re-submit your application under the same file numbers (for which filing fees were paid), or in the alternative, you may request a refund for both applications since no hearings have been held at this point. Should you prefer the Board to proceed with a hearing, after proper notice, we would do so, without the benefit of a refund should the outcome be unacceptable. Please let us know how you wish to proceed, and if you are re-submitting the application forms, please be sure to provide the maps with the existing buildings and existing uses labeled for each building. We are enclosing copies of the zoning provisions above referred for your convenience. Very truly yours, lk Enclosures § 100-91 ZONING § 100-91 //~i 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, subject to site plan approval by the Planning Board: (1) Any special exception use set forth in and as regulated by § 100-31B(3) to (6) and (14) and (15) of the Agricultural Conservation District. 3 '~Multiple dwelling~ and townhouses. Motel and hotel uses as set forth in and regulated by § 100-61B(4) of the Resort Residential (RR) District, except that minimum lot size shall be three (3) acres. [Amended 7-31-1990 by Ord. No. 16-1990] /47 ' [Amended 12-12-89 L.L. No. by 23-1989] Apartments may be permitted over retail steres and business, professional and governmental offices, subject to the following requirement~ (a) The explicit written approval of the Town Fire Prevention Inspector shall be obtained for the design, location, access and other safety-related elements of every such apartment. No apartment shall be permitted over filling stations, stores retailing flammable or fume-producing goods, restaurants or other businesses with kitchens or other facilities producing intense heat or any other establishment which the Fire Prevention Inspector determines to po~ a greater-than-average built-in fire risk. (b) The habitable floor area of each apartment shall be at least four hundred fifty (450) square feet. but in no case more than seven hundred fifty (750) square feet. The apartment shall not be located on the first floor of the building, and the apartment shall contain all services for safe and convenient habita- tion, meeting the New York State Uniform Fire Prevention and Building Code and the Sanitary Code. 10077 ~- 2~- 90 § 100~91 (c) (d) (e) SOUTHOLD CODE § 100-91 There shall be no more than three (3) apartments created or maintained in any single building. Each apartment, or common hallway ser~cing two (2) or three (3) apartments, shall have a separate access to the outside of the building, which must be distinct from the access to uses on the first fleer. Each apartment shall have at least one (1) on-site off- street parking space meeting the standards of this chapter, conveniently located for access to the apartment- Only the owner of the building in which it is proposed to locate the apartment(s) may apply for this special permit. The Board of Appeals shall require that such applicant execute such agree- ments, contracts, easements, covenants, deed restric- tions or other legal instruments running in favor of the town as, upon recommendation of the Town Attorney, the Board shall determine to be necessary to ensure that: [1] The apartment, or any proprietary or other interest therein, will not be sold to the tenant or any other party, except as part of a sale of the entire building in which the apartment is located. [2] The apartment is made available for year- round rental. The apartment is properly constructed, main- tained and used, and unapproved uses are excluded therefrom. [4] Any other condition deemed reasonable and necessary to ensure the immediate and long- term success of the apartment in helping to meet identified housing needs in the community is complied with. 10078 9. a~. 9o MINIMUM LOT SIZE (square feet}: Town of ~outhold [Added 1-10-89 by L.L. N~ 1-1989] 150.000 40.000 (ii) NA NA NA NA NA (xii) NA 40,000 (ii) NA NA NA NA NA .LRoman numerals refer 1o the applicable column in the P~sidential Bulk Schedule. ~or multiple c?eUtnR, hotel, motel and/or conference uses (where permitted this tab e refers to m nimum lot size per un' l~fer to the ' ' Bulk Schedule for total lot size. yard and setback d~mensians for the app cab · d strict, unlee~ more-te~trictlve uirem . . . - tL Res~dentlal ~ [Amended 8-1-89 by L.L. NO. 14-1989] req ents are znd~c~tt~d in the t~xt of the chapter. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James DiniT~o, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN O'F SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 3959-SE (as AMENDED by January 10, 1991 letter from the applicants' attorney). Application of JOSEPH AND BETTY HARDY for a Special Exception to the Zoning Ordinance as authorized by Article XXIX, Section 100-91B(2) to grant approval for a multiple dwelling. Location of Property: 13500 Main Road, Mattituck, NY; County Tax Map No. 1000-114-11-5. Zoning District: Hamlet-Business WHEREAS, a public hearing was held on August 15, 1991, and at said hearing, all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, applicants request a Special Exception for conversion of the existing dwelling structure to a two-family dwelling use (from single-family status), located in the "two sty fr. house" depicted on the survey prepared by Peconic Surveyors & Engineers, P.C. dated July 29, 1988. 2. The premises in question is located along the south side of the Main Road (State Route 25) in the Hamlet of Mattituck, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 114, Block 11, Lot 5. 3. The subject premises is improved with the following structures: (a) one-story concrete block building with retail occupancies by three tenants (pizza parlor, personal service, and office area for Hardy Plumbing & Heating). This building preexists zoning and has nonconforming setbacks in the front and side yards; P~ge 2 - Appl. No. 3959-SE Matter of JOSEPH AND BETTY HARDY Decision Rendered September 12, 1991 (b) accessory 20.4 ft. by 30.3 ft. garage/storage structure, located in the rear yard area, which was renovated in or about 1988, without permits and proper approvals, to a pet-grooming (personal service)~ use and shortly thereafter converted, again without town permits and all proper approvals, into a dwelling; (c) two-story frame house, which is connected to the front business building by a deck. 4. It is noted that the front building and two-story frame house structure (now attached to the front building by a deck) was on April 10, 1980 issued a Preexisting Certificate of Occupancy (#Z9919) showing both structures and land to be used for single-family dwelling use and two retail occupant uses, respectively, which are shown to have been existing prior to the enactment of zoning in April 23, 1957. 5. The parcel is nonconforming in total lot area for the multiple (mixed) uses in this nonresidential zone district, as well as substandard parking and screening. The nonconformi- ties for the total lot area are appropriated as follows for clarification: (a) the total lot area of this parcel is 21,906 sq. ft., of which one of four units may be authorized or in conformity, to wit: 20,000 sq. ft. per dwelling unit or per nonresidential unit. (b) since more than one unit has existed, that is, one established single-family dwelling at 20,000 sq. ft. without community water or sewer and three (3) business and/or office units at 20,000 sq. ft. minimum per unit; the total required for these four occupancies are 80,000 sq. ft. of lot area. (See "Density and Minimum Lot Size Schedule for Nonresidential Districts"); (c) the total area required for four legally established occupied units, plus this single dwelling unit units total} is 100,000 sq. ft. (20,000 sq. ft. x 5 units); {five (d) the increase in the degree of nonconformance is 20,000 sq. ft. over the existing legally established nonconformities of area and density (the sixth unit for the accessory dwelling/cottage structure in the rear would further increase the nonconformity). The accessory building in the rear may be permitted only as an accessory building and may be used only customarily incidental and subordinate to the main use on this lot, and not as a dwelling unit with cooking or housekeeping facilities. (For the record, it is noted that by separate application, also this date, this Board denied the area and use variance requested for conversion from an accessory P~ge 3 - Appl. No. 3959-SE Matter of JOSEPH AND BETTY HARDY Decision Rendered September 12, 1991 storage/garage structure to a sixth principal unit (for dwelling occupancy). 6. Article XXIX, Section 100-91(B2) of the Zoning Code authorizes by Special Exception approval from this Board and site plan approval from the Planning Board the following: ...B...2. Multiple dwellings and townhouses. 7. Article XXIX, Section 100-92, Bulk, area and parking regulations permits such use only when the same conforms to the Bulk Schedule and Parking and Loading Schedules (of the Zoning Code) with the same force and effect as if such regulations were set forth herein in full, and in this Hamlet-Business (HB) Zone District, a minimum of 20,000 sq. ft. is required per dwelling unit and per business or office unit. The total uses, together with this Special Exception for a second unit over the existing dwelling unit, amounts to five, inclusive of one existing retail; one existing business; one existing office; one existing dwelling; for five total units or 100,000 sq. ft. (20,000 sq. ft. x 5 units). Simultaneously herewith, this Board has granted alternative relief for this second dwelling unit in the two-story dwelling structure, in an area variance application made by the applicants. The alternative relief limits the amount of the variance approval up to 20,000 sq. ft. in order to authorize this single dwelling unit. (The relief requested by the applicants was for two additional units, and the relief as requested was denied by the Board.) 8. In considering this application, the Board also finds and determines: (1) the proposed use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (2) the use will not adversely affect the safety, welfare, comfort, convenience, or order of the Town; (3) the use is in harmony with and will promote the general purposes and intent of zoning. The Board has also considered subsections (A) through (P) of Article XXVI, Section 100-264 of the Zoning Code. Accordingly, on motion by Mr. Villa, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Special Exception, authorizing the addition of a second dwelling unit in the existing two-story frame house, (commonly referred to as a "two-family dwelling") in this Hamlet-Business (HB) Zone District, and subject to the following CONDITIONS: 1. Compliance with the following zoning code requirements: page 4 Appl. No. 3959-SE Matter of JOSEPH AND BETTY HARDY Decision Rendered September 12, 1991 !a) Site Plan approval by the Southold Town Planning Board, which Board may require more stringent parking requirements than the conditions stipulated below concerning the Special Exception; ~ (b) accessory structure must revert back to an accessory use with removal of all cooking and housekeeping plumbing facilities ~electrical utilities for lighting purposes will be permitted to remain}; (c) accessory structure shall not be permitted for office use or any business or separate rental/profitable use, and shall be permitted for garage and/or dead storage purposes only; 2. Two parallel parking spaces to be painted in front of the retail business building for vehicles traveling in an easterly direction (to park facing the east); 3. A printed sign to be placed at the front of the business building directing all vehicles to "PARK IN THE REAR." 4. Before issuance of a Certificate of Occupancy or other documentation, acceptance and final inspection concerning the above conditions shall be made by the Board of Appeals, or member thereof. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa. (Absent were Members Doyen and Grigonis.) This resolution was duly adopted. lk GERARD P. GOEHRIN~ER, CHA~ © COUNTY OF SUFFOLK Im..~, _~OUTHOLI) ~ Real Properly Tax Service Agencyl,,~m __ ~.700 800 6,?00 8.800 1~800 8.800 6.400 700 6,400 600 600 600 5.800 ' ?00 5,800 210 210 210 210 210 210 1 210 1 210 1 210 1 210 1 210 611 8 6.600 ?00 6.900 ?00 6,200 700 7,500 700 6,600 700 7,300 ~0.700 30,700 1,&O0 ?,200 13,000 AREA : 21, 906 SQ. FT. Z m z 4 ROAO 0,4' C Z Z 0 KEY MAP lOOO SITE PLAN Of PROPERTY AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y. 114 11 SCALE 1" = 20' APR. 2, 1987 JUNE 29, 1987 APR. 21, 1988 05 19' BUILDING AREA = 2,400 gq. fi, S. 77' 57' 30" ~ ' N I 0 I F RAYMOND F. NiNE BUILDING ZONE DISTRICT, SCHOOL DISTRICT, FIRE DISTRICT, HB 30 MATTITUCK 9 MATT~TUCK OWNER & DEVELOPERS HARDY PLUMBING & HEATING CO. JOSEPH A. HARDY 1654 NORTH HIGHWAY BOUTHAMPTON~ N.Y..968 CERTIFIED TO' CHICAGO TITLE INSURAiNCE CO. NORTH FORK BANK & TRUST CO. HARDY PLUMBING & HEATING CO. JOSEPH A, HARDY DRAINAGE CRJTERIA NEW PAVEMENT AREA= 5300 SO'FT._* ROOF AREA - 240(0 SQ FT.z 7700 SO, FT 7700×0.17 x 0.9= li78 IP78/4224= 28 V.FT PRO2IDE 7- 4'-8' DtA LEA~CHING RINGS 65 - 5020 BOX 909 iROAD IIOLD, N.Y. N.Y.S. LIC. NO. 49618 & ENGINEERS, P.C. T 87 - 26;5 B AREA : 21, 9O6 SQ. FT. LIC. NO. 49618 S & ENGINEERS~ P.C, I516] 765 - 5020 P . O. BOX 909 MAIN ROAD SOUTHOLD~ N,Y. ll971 2.90. 59' o r. -I Z _ KEY MAP m z Z BUILDING AREA = 2.400 eq. ft. z Z RAYMOND F. NINE SITE PLAN 1000 OF PROPERTY AT MATTITUCK TiOWN OF SOUTHOLD StUFFOLK COUNTY, N. Y. 114 11 SCALE 1" = 20' APR. 2, 1987 JUNE 29, 1987 APR. 21, 1988 May 14, 1991 BUILDING ZONE DISTRICT~. SCHOOL DISTRICT, FIRE DISTRICT, HB 30 MATTITUCK 9 MATTITUCK OWNER & DEVELOPERS HARDY PLUMBING & HEATING CO, JOSEPH A, HARDY 1654 NORTH HIGHWAY SOUTHAMPTON~ N,Y.,968 CERTIFIED TO, CHICA60 TITLE INSURANCE CO. NORTH FORK BAN~,& TRUST CO. HARDY PLUMBING ~ HEATING CO. JOSEPH A. HARDY DRAINAGE CRITERIIA NEW PAVEMENT AREA= 5300 SQ'FT.`+ ROOF AREA = 2400 SQ FT._+ 7700 SQ. ET H-78/4224= 28 V.FT. PROVIDE 7- 4'-B' DIA, LIEACHING RINGS 05 87 - 263 B AREA = 21, 906 SO. FT. 15~6] 765 - 5020 P . O. BOX 909 MAIN ROAD SOUTHOLD~ N.Y. UC. NO. '496J8 & ENGINEERS~ P.C. 68.¢/" 77' 37' i-- 0.4' Z KEY MAP m z z Z SITE PLAN OF PROPERTY AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 10o0 114 - 11 05 SCALE 1" = 20' APR. 2, 1987 JUNE 29, 1987 APR. 21, 1988 May 74, 1991 SEPT. 4,1991 40' BUILDIHG AREA = 2,400 sq. It, / N I 0 I F RAYMOND F. NINE BUILDING ZONE DISTRICT,_ SCHOOL DISTRICT, FIRE DISTRICT, HB .;50 MATTITUCK 9 MATTITUCK OWNER & DEVELOPERS HARDY PLUMBING & HEATING CO. JOSEPH A. HARDY 16§4 NORTH HIGHWAy SOUTHAMPTON, N.Y. 1968 CERTIFIED TO,=. CHICAGO TITLE'iNSURANCE CO. NORTH FORK BANK & TRUST CO. HARDY PLUMBING & HEATING CO, JOSEPH A, HARDY DRAINAGE CRITERIA NEW PAVEMENT AREA-- 5300 SQ'FT._~ ROOF AREA = 2400 SQ. FT._* 7700 SQ. FT J1~8/42.24= 28 V.FT. PROVIDE 7- 4'-8' DIA, LEACHING RINGS LOT COVERAGE AREA COVERAGE STORES~ HOUSE~DECKTCOTTAGE~STAIRS~ ETC. 5080/rP1~906 ~- 23% LOT COVERAGE 5080 sq. ft. 87 "263 B 50" E AT DWELLER'S DISCRETION. ENTRANCE HOURS PROJECTED b/~7· o KEY MAP AREA'i'Z1,906 SQ ~I~IK COUNTY DEPARTMENT OF HEALTH SERVICES APPROVED FOR CONSTRUCTION ONLY HS. REF NO ~g"~-~-~' -~(o~:~ FlOWeD 7 ot the Suffolk County Sam~ary Code and ~s not an exp:~ssed structure(s) shown IHIS APPROVAL EXPIRES TWO FROM THE DATE BELOW APR 0 ~ lgBg DATE - ( ~&~VATFON ,m ~ = PROPOSED ELEVAF ON ~ PROPOSED 20% ~ SITE I000 ZONING DISTRICT C FIRE' DISTRICT 3Q, MATT/TUCK SCHOOL D)STRICT 9, MATTITUCK ' ¢0~ J PLAN OF~PROPERTY AT MATT) TU C K TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. - 114 II 05 SCALE I" = APR. 2,/987 JUNE 29, 1987 JULY 29, 1988 OWNERS & DEVELOPERS HARDY PLUMBING g HEATING JOSEPH A. HARDY 16,54 NORTH HIGHWAY SOUTHAMP?ON,'N.Y. ~°?}?I?"; ,.-',"~~~ ,-me'e , CHICAGO TITLE INSURANCE CO.PAHY ~J HARDY PLUMB NG B HEATING CO ~[ a ~I~/~Y/~ fl]Il '~y.~. .... Ll~. NO, 49668 JOSEPH A. HARDY Pre,r~ ia ~cordanee with fhe minimum