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HomeMy WebLinkAbout1000-70.-2-15 PATRICIA C. MOORE A~torncy at Law 51020 Main Road Southold, New York 11971-4616 Tel: (631) 765-4330 Fax: (631) 765-4643 June 5, 2002 BY CERTIFIED MAIL RETURN RECEIPT REQUESTED Bennett 0rlowski, Jr., Chairman Southold Town Planning Board P.o. Box 1179 Southold, NY 11971 RE: Jim Grey/McQueeney "Pearl's Gallery of Old & New SCTM # 1000-70-2-15 Zone: R0 Dear Chairman Orlowski and Members of the Board: In response to your letter dated May 22, 2002, please be advised that my client is using the premises as an "art gallery" as proposed. Enclosed please find an advertisement for the gallery that will be printed in the June 6th edition of "The Suffolk Times". Also enclosed are ads that are being worked on for shows later in the summer. My client has been in contact with the landlord Mr. Grey regarding the resurfacing of the parking area and the installation of a handicapped sign. If you need anything else, please do not hesitate to contact me. very ~ulM yours, PCM/mr CC: Pearl's Gallery of Old & New Gregory F. Yakaboski, Esq., Town Attorney Edward Forrester, Director of Code Enforcement Michael Verity, Principal Building Inspectort Victor L'Eplattenier, Senior Planner 50300 Main Road, Southold, NY ~0800 50800 50~00 PLANNING BOARD MEMB~ BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR, RICHARD CAGGIANO P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3[36 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Via Certified Mail May 22, 2002 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Jim Grey/McQuenney "Pearl's Gallery of Old and New" SCTM#1000-70-2-15 Zone: RO Dear Ms. Moore: With regard to the above site, the Southold Town Planning Board has received new information regarding the intended use of the property and seeks clarification of several matters. A site visit was also conducted on this date and additional issues need to be addressed. The use described in your January 16, 2002 letter (and subsequently discussed at our Work Session), indicated the proposed use as an "art gallery". Subsequently, in public newspaper advertisements, the actual use appears to be more retail in nature, i.e.: the sale of country and formal furniture, baby items, and other gifts. Since retail sales are not permitted in the existing RO Zone, and the gallery use appears to be an intensive one, the Planning Board will need further clarification from your client to determine if a site plan will be required. Additional approvals from the Town of Southold may also be needed. Your prompt attention to this matter within two weeks of the date of receipt of this letter will be appreciated. Very truly yours, cc: Gregory F. Yakaboski, Esq., Town Attorney Edward Forrester, Director of Code Enforcement Michael Verity, Principal Building Inspector Victor L'Eplattenier, Senior Planner GREGORY F. YAKABOSKI TOWN ATTORNEY JOSHUA Y. HORTON Supervisor ~/~ Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1889 e-mail: greg,yakaboski@town,southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Memorandum To: From: Date: Re: Edward Forrester, Director of Code Enforcement Michael Verity, Principal Building Inspector Gregory F. Yakaboski, Esq. Town Attorney May 16, 2002 Pearl's Gallery of Old & New SCTM #1000-70-2-15 Ed and Mike: Regarding Pearl's Gallery of Old & New and memo of Valerie Scopaz dated May 14, 2002, that was sent to all of us, I believe the questions imposed by Gall Wickham, attorney for Jockey Creek residents, can be answered by either or both of you. If you should have any questions, please stop by to see me. G reg CC; Valerie Scopaz, AICP, Town Planner Planning Board Victor L'Eplattenier, Senior Planner Scott Hughes, Senior Environmental Planner S:~Attorney\GREG\MELANIE\GREG\memo (MCW).DOC ~lhf z~ 2UUZ *'~ Southold Town PL~ :ming Board PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHA2Vi, RICHARD CAGGIANO P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: From: Date: Gregory F. Yakaboski, Esq., Town Attorney Edward Forrester, Director of Code Enforcement Michael Verity, Principal Building Inspector Valerie Scopaz, AICP, Town Planner May 14, 2002 Subject: Pearl's Gallery of Old & New SCTM#1000-70-2-15 I am transmitting the attached letter to you for your review and comments to the Planning Board. VS:ck cc: Planning Board Victor L'Eplattenier, Senior Planner Scott Hughes, Senior Environmental Planner Law Offices WICKHAM, WICKHAM & BRESSLER, P.C. 10315 Main Road, ?.O. Box 1424 Mattituck, New York 11952 631-298-8353 Telefax no. 631-298-8565 Southold Town Planning Board Post Office Box 1179 53095 Main Road $outhold, New York 11971 May 9, 2002 Southold Town Planning Board Re: Pearl's Old and New: N/E Cor. Main Rd. and Jockey Creek Drive, Southold SCTM#1000-70-2-15 Gentlemen: We have been asked to contact you by residents of Jockey Creek Drive who are concerned about the usage of the property described above. We have been furnished with a copy ora letter dated January 16, 2002 to the Planning Board from Patricia Moore, Esq. and a copy of her affidavit with respect to usage and necessity for a site plan. The primary concern is that the property be used in conformity with the Zoning Code, as it is located at the entrance to a well established residential neighborhood. We understand that the property is zoned "Residential Office", which does not permit retail sales or outdoor displays, and must maintain an outward residential appearance. We are concerned that the "Gallery" of "old and new" items be held to strict compliance with these requirements. The advertisement in today's Suffolk Times, copy enclosed, clearly contemplates retail sales. In fact, it appears to be the primary business. It is described as an antique and gift shop. The ad does not even mention an art gallery. Ms. Moore's letter of January 16, 2002, describing the use as an "art gallery" is clearly inaccurate in light of this advertisement. Moreover, her justification for not needing site plan review is not correct. She compares a gallery to an "auditorium" for parking purposes. The two uses are not the same. It also strikes me as odd that the attorney's affidavit is used to establish the absence of a requirement for a site plan. Has the Planning Board issued a letter to the Building Department, or has the Building Department made an independent evaluation of the site plan requirement? Moreover, a change in use is proposed from a professional service office (medical, physical therapy) to a completely unrelated use. It would seem that a site plan review, based on documented parking availability, use criteria, etc., be in order even if this were in fact an art gallery. The facts appear to constitute a complete change in use to retail sales, which is not permitted by the Code. Please give this matter your immediate attention, as it should not be permitted to damage the residential character of this area. Thank you for your consideration. Ver7 truly yours, ~bigail A. Wickham Cc: Southold Town Building Department Southold Town Code Enforcement Patricia Moore, Esq. ,~'2002 ~, The Suff~l COLLECTIBLES AND QUALITY ANTIQUES. [~Treasures from far and wide at affordable prices ,200-square-fee.t of countrF and formal furniture as well as special room devoted to baby items. []Prints and original paintings including signed Norman Rockwelllithographs. [New items will be introduced biweekly to accommodate the overflow of inventory that I have accruedover the years. []Drop by to see the new itemsl []Pearl's is full of something for everyone and we also buy and sell unusual items. []Remember to visit our cottage located behind th~ stor~ ~ Pearl's is air conditioned and has ample parking. [~Ifyou are looking for a unique gift or to furnish your home, we have itl SERVICES Clocks guaranteed from one year of purchase FREE Delivery from Riverhead to Orient. Other deliveries at your convenience for a reasonable price. Free gift wrapping and cards CASH, CHECKS, MASTERCARD/VISA AND LAYAWAY AVAILABLE Well behaved children are welcome. Open Mon., Thurs., Fri., Sat. & Sun. - 10 a.m. - 6 p.m. 5300 Main Road, Southold 765-9514 Law Offices WICKHAM, WICKHAM & BRESSLER, P.C. 10315 Main Road, P.O. Box 1424 Mattituck, New York 11952 631-298-8353 Telefax no. 631-298-8565 Southold Town Planning Board Post Office Box 1179 53095 Main Road $outhold, New York 11971 May 9, 2002 Southold Town Planning Board Re: Pearl's Old and New: N/E Cor. Main Rd. and Jockey Creek Drive, Southold SCTM# 1000-70-2-15 Gentlemen: We have been asked to contact you by residents of Jockey Creek Drive who are concerned about the usage of the property described above. We have been furnished with a copy ora letter dated January 16, 2002 to the Planning Board from Patricia Moore, Esq. and a copy of her affidavit with respect to usage and necessity for a site plan. The primary concern is that the property be used in conformity with the Zoning Code, as it is located at the entrance to a well established residential neighborhood. We understand that the property is zoned "Residential Office", which does not permit retail sales or outdoor displays, and must maintain an outward residential appearance. We are concerned that the "Gallery" of "old and new" items be held to strict compliance with these requirements. The advertisement in today's Suftblk Times, copy enclosed, clearly contemplates retail sales. In fact, it appears to be the primary business. It is described as an antique and gift shop. The ad does not even mention an art gallery. Ms. Moore's letter of January 16, 2002, describing the use as an "art gallery" is clearly inaccurate in light of this advertisement. Moreover, her justification for not needing site plan review is not correct. She compares a gallery to an "auditorium" for parking purposes. The two uses are not the same. It also strikes me as odd that the attorney's affidavit is used to establish the absence of a requirement for a site plan. Has the Planning Board issued a letter to the Building Department, or has the Building Department made an independent evaluation of the site plan requirement? Moreover, a change in use is proposed from a professional service office (medical, physical therapy) to a completely unrelated use. It would seem that a site plan review, based on documented parking availability, use criteria, etc., be in order even if this were in fact an art gallery. The facts appear to constitute a complete change in use to retail sales, which is not permitted by the Code. Please give this matter your immediate attention, as it should not be permitted to damage the residential character of this area. Thank you for your consideration. Very truly yours, '~-woi~ail A. Wickham Cc: Southold Town Building Department Southold Town Code Enforcement Patricia Moore, Esq. MaC ~- ,~ The Suff~)l COLLECTIBLES AND QUALITY ANTIQiUES. {~Treasures from far and wide at affordable prices 1,200-square-fee.t of country and formal furniture as well as a special room devoted to baby items. ~Prints and original paintings including signed Norman Rockwell lithographs. ~New ite.m, s will be introduced biweekly to accommodate the overflow of ~nventory that I have accruedover the years. i~Drop by to see the new items! ~Pearl's is full of something for everyone and we also buy and sell unusual items. ~Remember to visit our cottage located behind th~ store. ~ Pearl's is air conditioned and has ample parking. ~Ifyou are looking for a unique gift or to furnish y0urhome, we have it! SERVICES. Clocks guaranteed from one year of purchase FREE Delivery from Riverhead to Orient. Other deliveries at your convenience for a reasonable price. Free gift wrapping and cards CASH, CHECKS, MASTERCARD/VISA AND LAYAWAY AVAILABLE Well behaved children are welcome. Open Mon., Thurs., Fri., Sat. & Sun. - 10 a.m. - 6 p,rn. 5300 Main Road, Southold 765-9514 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, N.Y. 11952 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Melissa McGowan Secretaries January 16, 2002 Bennett Orlowski, Jr., Chairman Southold To~vn Planning Board Town Hall 53095 Main Road P.O.Box 1179 Southold, NY 11971 (BY HAND) ~ ~ R~ Jim Gray/McQueeney ~'xSCTM#1000-70-2-15 Dear Mr. Orlowski: ~ . ../ I represent Jim Gray and the prospecffVei~nant who _uA4~es to occupy the building on the corner of Jockey Creek Drive and Main Road. This property has been occupied by a Real estate office, a medical office/physical therapy. My client wishes to operate an" Art Gallery" which is a permitted use. I have enclosed a copy of the survey. Mr Gray intends to do some minor improvements to the parking area ( re-grade and add blue stone/gravel), re-shingle the roof, as well as some nonstructural cosmetic improvements to the building. The building has a handicap ramp. It is my understanding that the tenant could use the building without exterior modifications. We do not believe that site plan is required given the previous uses to the building. A Gallery is a much less intensive use then other permitted uses in the Zoning Code. We confom~ to parking requirements ( "gallery" see "auditorium" 1 per 50sq ft of seating area, 1 per 4 seats) - generally no seating area in a gallery. I recall several cars comfortably parked in the lot. If site plan is required, this tenant may not be interested in spending the thousands of dollars and time delay required for approval to operate a gallery. I have asked to meet with your board at the next work session, if you wish to discuss this further, prior to the meeting, please do not hesitate to contact me. Very truly yours,~ Patricia C. Moore ~ ~F ,~. 20. 4' I ~a / t ) ' ~"-° JOCKEY z TOPOGRAPHICAL SURVEY OF PROPERTY AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, N.Y. 11952 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Md/ssa McGowan Secretaries January 16,2002 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall 53095 Main Road P.O.Box 1179 Southold, NY 11971 J ~ (BY HAND) ~ ~ N R~ Jl~n Gray/McQueeney N h Dear Mr. Orlowski: ~ // I represent Jim Gray and the prospecn-Veimamt whoz~q%s to occupy the building on the comer of Jockey Creek Drive and Main Road. This property has been occupied by a Real estate office, a medical office/physical therapy. My client wishes to operate an "Art Gallery" which is a permitted use. I have enclosed a copy of the survey. Mr Gray intends to do some minor improvements to the parking area ( re-grade and add blue stone/gravel), re-shingle the roof, as well as some nonstructural cosmetic improvements to the building. The building has a handicap ramp. It is my understanding that the tenant could use the building without exterior modifications. We do not believe that site plan is required given the previous uses to the building. A Gallery is a much less intensive use then other permitted uses in the Zoning Code. We conform to parking requirements ( "gallery" see "auditorium" 1 per 50sq ft of seating area, 1 per 4 seats) - generally no seating area in a gallery. I recall several cars comfortably parked in the lot. ' If site plan is required, this tenant may not be interested in spending the thousands of dollars and time-de-lay required for apProval to operate a gallery. I have asked to meet with your board at the next work session, if you wish to discuss this further, prior to the meeting, please do not hesitate to contact me. ¥~r~.Xal~ yours, ~,---}.-' ?atricia C. Moore / S. 77° 46' 50"E, WOO0 - 97' N 79o00' 50"W. JOCKEY 200.00' % , TOPOG ( TOW~