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Home My WebLink About6675 i9 I 7-350 mai i •2d . [L. 31 • j-1 b I c;, `rk.e 01 . in r) a AM Fo(k. 1350 !t-tato 121- Er- /l-a Gi m Stec-t, CCKC'hvt - e loc,.r_ .ek re S f a-u, �-�- CJS-f-- 2?/t d o at�vt eich op_a, pLl t ; -Z•t.sfivt.tct 7s3Cti l 1 ctvo o ¢�� -1/a$0-1({0/�- ,� , i��7113 Kit 3 , 9M/0) 142/ 3N /P�c - ,one fit «/i -f p1-I- ,L/1Ic - r /eP2L1JQ ;47.4-e.,nclnd. Gj tt.�rvn n ej ,v+- i t/I R l t c BOARD MEMBERS o•i OF Wok,- Leslie Kanes Weisman,Chairperson ��°�®�� ,, ySouthold Town Hall Q� \ 53095 Main Road•P.O.Box 1179 w O Southold,NY 11971-0959 Eric Dantes441 Office Location: Gerard P.Goehringer �` , Q nn Town Annex/First Floor,Capital One Bank George Horning I:"O' # a� �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider *lino lJri*v4-�� Southold,NY 11971 �.... S`t es http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD R€/. : ED 4 / 4i9 Tel.(631) 765-1809•Fax(631)765-9064 0 �� FINDINGS,DELIBERATIONS AND DETERMNO 2 4INATIO 41 2 4f,� - MEETING OF NOVEMBER 7,2013 = • f 1 MEETING NOVEMBER 19,2015(AMENDED DETERMINATI I•< uthold Town Clerk ZBA FILE No.: SE 6675 AMENDED NAME OF APPLICANT: 7850 Main Road,LLC d/b/a The Blue Inn at North Fork PROPERTY LOCATION: 7850 Main Road and Orchard Lane,East Marion,NY SCTM#1000-31-6-17.2 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions,without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated August 13, 2013 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject property is zoned Resort Residential (RR) and contains 60,842 square feet. It is improved with a two story hotel with attached decks and covered porch, a separate one story framed building with attached 1 '/2 story motel unit with attached shed, 20 unit concrete block motel, trailer, accessory framed garage and in-ground swimming pool. It is an irregular shape that has 113.15 feet of frontage on Main Road, 162.00 feet along the eastern property line, 245.72 feet along the northern property line, 148.83 of frontage on Orchard Lane(aka Old Orchard Road(Private Road), 294.98 feet along the southern property line, 146.73 feet along the western property line, 59.22 feet along the northern property line and 152.50 feet along the westerly property line as shown on the survey dated 12/28/2000, updated 4/9/2010 prepared by Pat T. Seccafico, PLS,PC. BASIS OF APPLICATION: Request for Special Exception per Article_VII Section 280-35(B) to expand the current restaurant use to include being open to the public, enclose the existing patio, and surround it with a 3 1/2 foot wall, located in a Resort Residential(RR)District. RELIEF REQUESTED: The applicant proposes to expand the existing seasonal accessory restaurant use to include being open to the public on a seasonal basis, enclose the existing raised concrete patio with temporary plastic and netting to protect custo ers from inclement weather and insects, and surround the patio with a 3 1/2 foot high temporary wood n wall to protect customers from falling off of the raised patio. • Page 2 of 6—November 19,2015 ZBA#6675—7850 Main Road,LLC SCTM#1000-31-6-17.2 ADDITIONAL INFORMATION: The prop sed restaurant use is allowable under the code by Special Exception permit from the Board of Appeals. On July 21, 2011 the Town of Southold and S muel Glass, the owner of the Blue Inn and the applicant in this request for a Special Exception permit, e tered into an Agreement with restrictions on the operation of the subject property as follows: 1.a. Alcohol will not be served at the icensed premises after 11:00PM. 1.b. No music, live or otherwise, will be permitted outdoors at the licensed premises after 9:00PM. 1.c.The noise level of the restaurant will not be heard outside the interior of the restaurant. 1.d.The exterior awning of the restauiJant will not be enclosed and all four sides will remain open. 1.e.The restaurant will continue to fu ction as an accessory to the motel use. 5. This agreement shall remain in eff ct so long as the owner maintains a liquor license issued by" the New York State Liquor Authority. The Zoning Board requested comments from the Southold Fire Marshall who replied in an email dated July 30, 2013 in which he stated: "I have no objections to this Special Exception..." Additionally, comments were requested from he Southold Town Planning Board. On August 6,2013,the Planning Board replied that the applicant sho Id request a site plan use determination from the Building Department. On August 28,2013,the Zoning :oard received a copy of a site plan use determination from the Building Department that stated: "Reques for Special Exception, for free standing restaurarit, Use is permitted by Special Exception; Site Plan is not required if they maintain the current occupancy/# of seats,which according to their plan—they are." On September 19, 2013 the ZBA received a emorandum from the Planning Board in response to,the Site Plan Use Determination (SPUD) deferrin: to the ZBA as to whether site plan approval is required in conjunction with the Special Exception pe it application. There was no objection to the raised knee wall proposed to protect the public from injury. Two letters were received by the Board from iAeighbors in favor of granting the Special Exception permit, along with several letters from neighbors ar.d the East Marion Community Association opposing the Special Exception request. Pictures were submitted by neighborhood residents showing many cars parked on State Road 25 during the hours the restaurant was open, which were not challenged by the applicant. The public record is replete with information regarding the egregious abuses of the previous owner of the subject property who operated the restaurant as a "bar scene" late into the night with excessively loud music, intrusive lighting, and traffic congestion that adversely effected the neighborhood and adjacent property owners. The Board also heard testimony that the current owner has been a quiet and respectful neighbor since he took over the operations two years ago, and that he has abided by his agreement with the Town. The Zoning Board of Appeals held a public h aring on this application on September 5, 2013 which was carried over to the Special Meeting of Septem er 19,2013 and the Regular Meeting of October 3,2013 to accept additional written comments. The heari g was closed on October 3,2013. At the public hearing the following statements were made by the applicant,Mr. Glass: 1. The restaurant will be open for the se ing of food and drink no later than 9 PM daily. 2. No excessively loud music will be permitted at the restaurant Page 3 of 6—November 19,2015 ZBA#6675—7850 Main Road,LLC SCTM#1000-31-6-17.2 3. Additional parking can be provided on site, by the use of a grassed area on the easterly side of the swimming pool. 4. There are 29 motel units on the premises,and approximately 27 existing parking spaces. 5. Mr. Glass indicated that the current legal capacity of a total of 48 seats (including indoors and outdoors) for the restaurant use would be maintained and that the existing,septic system was adequate for this number. If more patrons arrived at dinner time he would tell them to return at a different time for a,second seating. Afternoon lunches and morning breakfasts would also be offered to patrons of the motel/inn facilities and members of the public. 6. Occasional special events might be held at the restaurant such as birthday parties and lunches offered to tourist groups arriving by bus. 7. A parking attendant would be employed to direct patrons of the restaurant to park their cars on site rather than parking on Main Road(Rt. 25) or Orchard Lane. In a letter dated September 30, 2013 and received'by the Board of Appeals on October 2, 2013, the applicant, Mr. Glass, offered the following limitations on the operation of the proposed seasonal restaurant use: 1. The restaurant will only be open on Friday, Saturday and Sunday from the end of June until Labor Day. 2. The 3 '/2 foot high wood wall will be installed at the end of June and removed after Labor Day. 3. No signs will be placed on the property indicating that there is a restaurant on the premises. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on.this application on September 5,2013, at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: With Regard to the Proposed Expansion of the Existing Accessory Restaurant Use to be Open to the Public The Board has reviewed the General Standards governing Special Exception uses set forth in Section 280- 142 and finds: A. That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. The months, hours, and terms of operation of the seasonal restaurant use granted in this permit will be very limited by the conditions imposed herein to ensure the continued peace and tranquility of the adjoining residential properties and neighborhood. B. That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the requested use is located or of permitted or legally established uses in adjacent use districts. The Blue Inn is located on the Main Road near the ' general Hamlet Business Zone District of East Marion.A restaurant use is permitted in both the RR zone where the subject property is situate and in the HB zone by review and approval of the Board of Appeals who's Members may impose conditional approval to promote the orderly and reasonable use of the subject property relative to the residential zone which surrounds it. C. That the safety, the health, the welfare, the comfort, the convenience or the order of the town will not be adversely affected by the proposed use and its location. This limited Special Exception • Page 4 of 6—November 19,2015 ZBA#6675—7850 Main Road,LLC SCTM#1000-31-6-17:2 permit will continue to enforce the terms agreed to by the applicant and the Town of Southold which are designed to protect and promote the peaceful coexistence of the motel use with accessory restaurant and the residential properties in the neighborhood. _ D. That the use will be in harmony with and promote the general purposes and intent of this chapter. This Special Exception permit will be limited induration to provide the applicant with the opportunity to operate a seasonal restaurant open to the public on a limited basis while complying with the conditions imposed herein,where upon the Board of Appeals and the adjoining property owners and neighbors shall review said compliance through a public hearing process. E. That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance. The Blue Inn has existed in one form or another as a guest house/inn with informal snacks and meals available to guests and others since prior to zoning. No expansion of any of the existing structures is proposed or will be permitted by this Special Exception Permit. The Board of Appeals will require a full site plan review and approval by the Planning Board to create adequate onsite parking for both the inn/motel and limited seasonal restaurant use that will relieve parking congestion on local streets, and provide safe ingress and egress to/from the subject property, code compliant minimal signage and night lighting that does not intrude on adjoining properties F. That all proposed structures, equipment and material shall be readily accessible for fire and police protection. G. That the proposal shall comply with the requirements of Chapter 236, Storm water runoff management BOARD RESOLUTION: In considering all of the above factors,motion was offered by Member Dantes, seconded by Member Schneider, and duly carried to GRANT the request for a Special Exception Permit as shown on the survey dated 12/28/2000,updated 4/9/2010 prepared by Pat T. Seccafico,PLS,PC and on the hand drawing of a floor plan diagram prepared by Michael O'Brien, Sr. dated 7/26/13; SUBJECT TO THE FOLLOWING CONDITIONS: 1. All of the terms agreed to between the applicant, Samuel Glass, and the Town of Southold, on July 21,2011, as partially cited above, shall remain in full force and effect. 2. This Special Exception permit to operate a limited seasonal restaurant open to both guests and non-guest of the motel/inn, shall remain accessory to the principal motel/inn use and shall be null and void if the motel/inn use is discontinued at any time. 3. No enlargement of the existing footprint or the square footage of the as built restaurant building and/or the attached as built patio is permitted. 4. No more than a total of 48 patrons of the accessory restaurant may be present on the subject property at any one given time, including both guests of the motel/inn and members of the public, whether seated or standing,both indoors or outdoors, including people using any outdoor bar area or picnic tables. 5. Only registered guests of the motel/inn my use the in ground swimming pool. Page 5 of 6—November 19,2015 ZBA#6675-7850 Main Road,LLC SCTM#1000-31-6-17.2 6. No special tour groups arriving by bus may dine at the subject restaurant. 7. All parking for both guests of the motel/inn and the accessory restaurant shall be on site. 8. A parking attendant will be on site during the hours of operation of the accessory restaurant to direct restaurant patrons to park their cars on site rather than parking on Main Road (Rt. 25) or Orchard Lane. 9. No signs will be placed on the property advertising that there is a restaurant on the premises. 10. The restaurant will only be open on Friday, Saturday and Sunday from the end of June until Labor Day. 11. The temporary 3 1/2 foot high wood wall and temporary "plastic curtains" and netting will be installed at the end of June and removed after Labor Day. 12. This Special Exception Permit is subject to site plan review and approval by the Southold Town Planning Board. If the Planning Board determines that the subject property is inadequate to meet the parking, circulation, lighting and other required standards for both the motel/inn and accessory restaurant use,then this Special Exception permit shall be null and void. 13. This Special Exception Permit will expire one year from the date of this decision,at which time a public hearing will be scheduled by the Zoning Board of Appeals for further review,at the expense of the applicant, should he wish to request a renewal. If the Applicant requires additional time to obtain Site Plan approval,the Applicant shall submit such a request to the Zoning Board of Appeals in writing and must make a showing that it has diligently proceeded with the site plan process and good cause for such an extension. The Zoning Board of Appeals will consider a single extension of time not to exceed six(6)months. 14. The Special Exception Permit granted herein may involve a change in occupancy or a change in use or a change within a classification of the occupancy. Therefore, as a condition of approval, the applicant must contact the Building Department to make the determination whether or not a Building Permit is required and that changes will be NYS Code compliant. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued Any violations of the conditions, occupancy or other requirements described herein, may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception permit as granted herein. Vote of the Board: Ayes: Members Goehringer,Dantes,Horning, Schneider. Nay: Member Weisman (Chairperson) This Resolution was duly adopted(4-1). (Signe),dopted nd filed in riginal decision) 4-6.t.- Gkii-Metdatetn- . _ Les ie Kanes eisman, Chairperson Approved for Min- ' ' /2013 AMENDED DETERMINATION: ZBA FILE No.: SE 6675 AMENDED NAME OF APPLICANT: 7850 Main Road, LLC d/b/a The Blue Inn at North Fork PROPERTY LOCATION: 7850 Main Road and Orchard Lane,East Marion,NY SCTM#1000-31-6-17.2 Page 6 of 6—November 19,2015 ZBA#6675—7850 Main Road,LLC SCTM#1000-31-6-17.2 The Zoning Board of Appeals held a public hearing on this application on November 5,2015, upon the applicant's request pursuant to Condition#13, at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. No complaints are on file with the Town of Southold. 2. Applicant's agent stated no complaints were made directly to the applicant from any neighbors. - 3. Agent confirmed complete compliance to all the conditions stated above and received site plan approval. Be it resolved,that this Special Exception permit is properly in force and effect so long as the applicant continues to strictly adhere to conditions 1-11 cited in the original decision and listed above. BOARD RESOLUTION: In considering all of the above factors,motion was offered by Member Goehringer, seconded by Member Weisman(Chairperson), and duly carried to To remove Condition number 13,all other conditions shall remain, and Grant the Special Exception permit. Vote of the Board: Ayes: Members Weisman (Chairperson), Horning, Dantes, Schneider, Goehringer. This ' olution was duly adopted(5-0): P/Adtf b/12b624-4/L. Leslie Kanes Weisman, Chairperson Approved for filing f/ / /2015 /6-Atue AT NORTH F ORK ,4401916/5 SEP 4 2®15 ING 6OP (IFiAPPE �Q(�1 9/24/15 ZI3A file#6675 SE Name of Applicant: 7850 Main Road, LLC. d/h/a The Blue Inn at North Fork Address: 7850 Main Road East Marion, NY 11939 Dear Chairperson Weisman and Zoning Board members; This letter is to advise you there are no complaints against the property in the building department that I am aware of.We have met and maintained the following conditions; 1. All of the terms upon with the Town of Southold dated July 21, 2011 regarding our NYS liquor license. 2. We have not enlarged the existing footprint or square footage. 3. We have signs posted in the restaurant noting the maximum people allowed at one time as 448. 4. No outside guests accessed the swimming pool. 5. No tour groups dined at the restaurant. 6. All parking was on-site. 7. A parking attendant directed patrons of the parking area and the gate on Orchard Lane was closed on weekends. 8. The restaurant is only open July-Labor day to outside guests and there is no signage advertising the restaurant. 9. The temporary wood wall, plastic curtain and netting have been removed. 10. We are actively pursuing the completion of our building permit and final site plan approval so we can obtain our CO. We are aware we will have to re-mail and re-post the property prior to the public hearing.Thank you for your consideration. Sincerely, Mary O'Brien General Manager 7850 Main Road,East;v1arion,NY 11939 Phone' 831-477-2RU0 Fax-631-477-1272 E-Mail'frontdesl4theblueinn cam www TheBlUelnn.CCOm AT. , QL,7- A, A4,,,,, _9--. NORTH FORK (PL91t RECEIVED SEP 2,4 2015 ZONING BOARD OF APPEALS September 15`h, 2015 ABA FILE No. : SE6675 NAME OF APPLICANT: 7850 Main Road, LLC d/b/a The Blue Inn at North Fork PROPERTY LOCATION: 7850 Main Road and Orchard Lane, East Marion, NY SCTM#1000-31-6-17.2 Dear Chairperson and Board Members; I respectfully request the above notice of special exception be renewed. Please schedule a public hearing on your next available calendar. A check in the amount of$750.00 is attached to this letter. Sincerely, Mary O'Brien General Manager 7850 Main Road, East Marion, NY 11939 Phone. 631-477-2800 Fax• 631-477-1272 E-Mail frontdesk@theblueinn corn www.TheBluelnn corn BOARD MEMBERS ,,t*OF$0- 9p(%j= Southold Town Hall Leslie Kanes Weisman,Chairperson ,�� 4 53095 Main Road•P.O.Box 1179 '� !O . Southold,NY 11971-0959 Eric Darites * * Office Location: Gerard P.Goehringer G ; _Town Annex/First Floor,Capital One Bank George Homing ,�a�� et 54375 Main Road(at Youngs Avenue) • • Kenneth Schneider �irCOU @1`�`,°. Southold,NY 11971 http://southoldtown.northfork.net RECEIVED ZONING BOARD`OF APPEALS 3 •,a[L TOWN OF SOUTHOLD SE - $ 014 T Tel.(631)765-1809•Fax(631)765-9064 Q ,..Odes outhold town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 4,2014 ZBA FILE No.: SE 6675—AMENDED DECISION NAME OF APPLICANT: 7850 Main Road,LLC d/b/a The Blue Inn at North Fork PROPERTY LOCATION: 7850 Main Road and Orchard Lane,East Marion,NY S CTM#1000-31-6-17.2 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions,without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the • Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated August 13, 2013 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject property is zoned Resort Residential (RR) and contains 60,842 square feet. It is improved with a two story hotel with attached decks and covered porch, a separate one story framed building with attached 1 '/2 story motel unit with attached shed, 20 unit concrete block motel, trailer, accessory framed garage and in-ground swimming pool. It is an irregular shape that has 113.15 feet of frontage on Main Road, 162.00 feet along the eastern property line,245.72 feet along the northern property line, 148.83 of frontage on Orchard Lane(aka Old Orchard Road(Private Road), 294.98 feet along the southern property line, 146.73 feet along the western property line, 59.22 feet along the northern property line and 152.50 feet along the westerly property line as shown on the survey dated 12/28/2000,updated 4/9/2010 prepared by Pat T. Seccafico,PLS,PC. BASIS OF APPLICATION: Request for Special Exception per Article VII Section 280-35(B)to expand the current restaurant use to include being open to the public, enclose the existing patio, and surround it with a 3 1/2 foot wall,located in a Resort Residential(RR)District RELIEF REQUESTED: The applicant proposes to expand the existing seasonal accessory restaurant use to include being open to the public on a seasonal basis, enclose the existing raised concrete patio with temporary plastic and netting to protect customers from inclement weather and insects, and surround the Page 2 of 6—September 4,2014 AMENDED DECISION#6675—7850 Main Rd.(The Blue Inn) SCTM#1000-31-6-17,2 patio with a 3 1/2 foot high temporary wooden wall to protect customers from falling off of the raised patio. ADDITIONAL INFORMATION: The proposed restaurant use is allowable under the code by Special Exception of the Board of Appeals. On July 21, 2011 the Town of Southold and Samuel Glass,the owner of the Blue Inn and the applicant in this request for a Special Exception permit, entered into an Agreement with restrictions on the operation of the subject property as follows: 1.a. Alcohol will not be served at the licensed premises after 11:00PM. l.b. No music, live or otherwise, will be permitted outdoors at the licensed premises after 9:00PM. 1.c.The noise level of the restaurant will not be heard outside the interior of the restaurant. 1.d.The exterior awning of the restaurant will not be enclosed and all four sides will remain open. 1.e.The restaurant will continue to function as an accessory to the motel use. 5. This agreement shall remain in effect so long as the owner maintains a liquor license issued by the New York State Liquor Authority. The Zoning Board requested comments from the Southold Fire Marshall who replied in an email dated July 30,2013 in which he stated: "I have no objections to this Special Exception..." Additionally, comments were requested from the Southold Town Planning Board. On August 6,2013,the Planning Board replied that the applicant should request a site plan use determination from the Building Department. On August 28, 2013,the Zoning Board received a copy of a site plan use determination from the Building Department that stated: "Request for Special Exception, for free standing restaurant, Use is permitted by Special Exception; Site Plan is not required if they maintain the current occupancy/# of seats,which according to their plan—they are." On September 19, 2013 the ZBA received a Memorandum from the Planning Board in response to the Site Plan Use Determination(SPUD) deferring to the ZBA as to whether site plan approval is required in conjunction with the Special Exception permit application. There was no objection to the raised knee wall proposed to protect the public from injury. Two letters were received by the Board from neighbors in favor of granting the Special Exception permit, along with several letters from neighbors and the East Marion Community Association opposing the Special Exception request. Pictures were submitted by neighborhood residents showing many cars parked on State Road 25 during the hours the restaurant was open, which were not challenged by the applicant. The public record is replete with information regarding the egregious abuses of the previous owner of the subject property who operated the restaurant as a "bar scene" late into the night with excessively loud music, intrusive lighting, and traffic congestion that adversely effected the neighborhood and adjacent property owners. The Board also heard testimony that the current owner has been a quiet and respectful neighbor since he took over the operations two years ago, and that he has abided by his agreement with the Town. The Zoning Board of Appeals held a public hearing on this application on September 5, 2013which was carried over to the Special Meeting of September 19,2013 and the Regular Meeting of October 3,2013 to accept additional written comments.The hearing was closed on October 3, 2013. At the public hearing the following statements were made by the applicant,Mr. Glass: ,r rt Page 3 of 6—September 4,2014 AMENDED DECISION#6675—7850 Main Rd.(The Blue Inn) SCTM#1000-31-6-17.2 1. The restaurant will be open for the serving of food and drink no later than 9 PM daily. 2. No excessively loud music will be permitted at the restaurant 3. Additional parking can be provided on site,by the use of a grassed area on the easterly side of the swimming pool. 4. There are 29 motel units on the premises,and approximately 27 existing paiking spaces. 5. Mr. Glass indicated that the current legal capacity of a total of 48 seats (including indoors and outdoors) for the restaurant use would be maintained and that the existing septic system was adequate for this number. If more patrons arrived at dinner time he would tell them to return at a different time for a second seating. Afternoon lunches and morning breakfasts would also be offered to patrons of the motel/inn facilities and members of the public. 6. Occasional special events might be held at the restaurant such as birthday parties and lunches offered to tourist groups arriving by bus. 7. A parking attendant would be employed to direct patrons of the restaurant to park their cars on site rather than parking on Main Road(Rt.25)or Orchard Lane. In a letter dated September 30, 2013 and received by the Board of Appeals on October 2, 2013, the applicant, Mr. Glass, offered the following limitations on the operation of the proposed seasonal restaurant use: 1. The restaurant will only be open on Friday, Saturday and Sunday from the end of June until ' Labor Day 2. The 3 '/2 foot high wood wall will be installed at the end of June and removed after Labor Day 3. No signs will be placed on the property indicating that there is a restaurant on the premises. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on September 5,2013-,-at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: With Regard to the Proposed Expansion of the Existing Accessory Restaurant Use to be Open to the Public The Board has reviewed the General Standards governing Special Exception uses set forth in Section 280- 142 and finds: A. That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. The months, hours, and terms of operation of the seasonal restaurant use granted in this permit will be very limited by the conditions imposed herein to ensure the continued peace and tranquility of the adjoining residential properties and neighborhood. B. That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the requested use is located or of permitted or legally established uses in adjacent use districts.The Blue Inn is located on the Main Road near the general Hamlet Business Zone District of East Marion.A restaurant use is permitted in both the RR zone where the subject property is situate and in the HB zone by review and approval of the Board of Appeals who's Members may impose conditional approval to promote the orderly and reasonable use of the subject property relative to the residential zone which surrounds it. Page 4 of 6—September 4,2014 AMENDED DECISION#6675-7850 Main Rd.(The Blue Inn) SCTM#1000-31-6-17.2 C. That the safety, the health, the Welfare, the comfort, the convenience or the order of the town will not be adversely affected by the proposed use and its location.This limited Special Exception permit will continue to enforce the terms agreed to by the applicant and the Town of Southold which are designed to protect and promote the peaceful coexistence of the motel use with accessory restaurant and the residential properties in the neighborhood. D. That the use will be in harmony with and promote the general purposes and intent of this chapter. This Special Exception permit will be limited in duration to provide the applicant with the opportunity to operate a seasonal restaurant open to the public on a limited basis while complying with the conditions imposed herein,where upon the Board of Appeals and the adjoining property owners and neighbors shall review said compliance through a public hearing process. E. That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general,particularly with regard to visibility, scale and overall appearance. The Blue Inn has existed in one form or another as a guest house/inn with informal snacks and meals available to guests and others since prior to zoning. No expansion of any of the existing structures is proposed or will be permitted by this Special Exception Permit. The Board of Appeals will require a full site plan review and approval by the Planning Board to create adequate onsite parking for both the inn/motel and limited seasonal restaurant use that will relieve parking congestion on local streets, and provide safe ingress and egress to/from the subject property, code compliant minimal signage and night lighting that does not intrude on adjoining properties F. That all proposed structures, equipment and material shall be readily accessible for fire and police protection. G. That the proposal shall comply with the requirements of Chapter 236, Storm water runoff management BOARD RESOLUTION: In considering all of the above factors,motion was offered by Member Dantes, seconded by Member Schneider,and duly carried to GRANT the request for a Special Exception Permit as shown on the survey dated 12/28/2000,updated 4/9/2010 prepared by Pat T. Seccafico,PLS,PC and on the hand drawing of a floor plan diagram prepared by Michael O'Brien Sr.dated 7/26/13; SUBJECT TO THE FOLLOWING CONDITIONS: 1. All of the terms agreed to between the applicant, Samuel Glass,and the Town of Southold,on July 21,2011,as partially cited above,shall remain in full force and effect. 2. This Special Exception permit to operate a limited seasonal restaurant open to both guests and non-guest of the motel/inn,shall remain accessory to the principal motel/inn use and shall be null and void if the motel/inn use is discontinued at any time. 3. No enlargement of the existing footprint or the square footage of the as built restaurant building and/or the attached as built patio is permitted. 4. No more than a total of 48 patrons of the accessory restaurant may be present on the subject property at any one given time, including both guests of the motel/inn and members of the public, r1 Page 5 of 6--September 4,2014 AMENDED DECISION#6675-7850 Main Rd.(The Blue Inn) SCTM#1000-31-6-17.2 whether seated or standing,both indoors or outdoors, including people using any outdoor bar area or picnic tables. - 5. Only registered guests of the motel/inn my use the in ground swimming pool 6. No special tour groups arriving by bus may dine at the subject restaurant 7. All parking for both guests of the motel/inn and the accessory restaurant shall be on site. 8. A parking attendant will be on site during the hours of operation of the accessory restaurant to direct restaurant patrons to park their cars on site rather than parking on Main Road (Rt. 25) or Orchard Lane. 9. No signs will be placed on the property advertising that there is a restaurant on the premises. 10. The restaurant will only be open on Friday, Saturday and Sunday from the end of June until Labor Day 11. The temporary 3 '/2 foot high wood wall and temporary "plastic curtains" and netting will be installed at the end of June and removed after Labor Day 12. This Special Exception Permit is subject to site plan review and approval by the Southold Town Planning Board. If the Planning Board determines that the subject property is inadequate to meet the parking, circulation, lighting and other required standards for both the motel/inn and accessory restaurant use,then this Special Exception permit shall be null and void. 13. This Special Exception Permit will expire one year from the date of this decision,at which time a public hearing will be scheduled by the Zoning Board of Appeals for further review,at the expense of the applicant,should he wish to request a renewal. If the Applicant requires additional time to obtain Site Plan approval,the Applicant shall submit such a request to the Zoning Board of Appeals in writing and must make a showing that it has diligently proceeded with the site plan process and good cause for such an extension. The Zoning Board of Appeals will consider a single extension of time not to exceed six(6)months. 14. The Special Exception Permit granted herein may involve a change in occupancy or a change in use or a change within a classification of the occupancy.Therefore,as a condition of approval, the applicant must contact the Building Department to make the determination whether or not a Building Permit is required and that changes will be NYS Code compliant. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued This Special Exception permit cannot be transferred to new owners. Any violations of the conditions, occupancy or other requirements described herein, may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception permit as granted herein. Vote of the Board: Ayes:Members Goehringer,Dantes,Horning,Schneider. Nay:Member Weisman (Chairperson) This Resolution was duly adopted(4-1). (signed in original decision dated November 7,2013) Leslie Kanes Weisman,Chairperson Approved for filing / /2013 Page 6 of 6—September 4,2014 AMENDED DECISION#6675'-7850 Main Rd.(The Blue Inn) _ SCTM#1000-31-6-17.2 AMENDED CONDITION: The Zoning Board received a letter from the applicant, dated August 21, 2014, requesting the utilization of a one-time, 6-month extension pursuant to the terms of Condition #13. The applicant is currently before the Planning Board and is diligently working towards site plan approval. To date, the subject restaurant has not been open to the publicand will not be during the period of the extension, unless the applicant receives final site plan approval. Since the subject use has not been made,the Board is unable at this time to make a determination as to whether there would be an adverse impact to the community. BOARD RESOLUTION: In considering all of the above factors, motion was offered by Member Weisman(Chairperson),seconded by Member Goehringer,and duly carried to 13.This Special Exception Permit will expire on November 14, 2015,at which time a public hearing will be scheduled by the Zoning Board of Appeals for further review, at the expense of the applicant, should he wish to request a renewal. Vote of the Board: Ayes:Members Weisman(Chairperson),Schneider,Horning, Goehringer,Dantes. .This Resolution was duly adopted(5-0). /IA. enneth Schneider,Acting C airperson Approved for filing '/ 3 /2014 • ,.••,•.��___ MAILING ADDRESS: 'PLANNING BOARD MEMBERS ,i ��03 SO(7,,; P.O.Box 1179 4 �; Southold,NY 11971 • DONALD J.WILCENSKI ,,�,�$ Chair ; OFFICE LOCATION: WILLIAM J.CREMERSua Town Hall Annex PIERCE RAFFERTY �p� �, 54375 State Route 25 JAMES H.RICH III O �� (cor.Main Rd.&Youngs Ave.) MARTIN H.SIDOR =l"COUN1 '.. Southold,NY •Telephone:631 765-1938 • www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 18, 2014 AP4 Mr. Samuel Glass 62 Nichols Court, Suite 302 Hempstead, NY 11550 Re: Approval: Site Plan for The Blue Inn • 7850 NYS Rt. 25, ±250'w/o NYS Rt. 25 & Old Orchard Lane, East Marion SCTM#1000-31-6-17.2 Zoning District: RR— Resort Residential Dear Mr. Glass: The following resolutions were adopted at a meeting of the Southold Town Planning Board on November 17; 2014: WHEREAS, this proposed Amended Site Plan is to expand a current±1,070 sq. ft. restaurant use to include being open to the public pursuant to ZBA File SE6675. Also on site are an existing motel and inn on 1.37 acres in the Resort Residential (RR) Zoning District; and WHEREAS, on November 7, 2013, the Zoning Board of Appeals issued a decision for File #SE6675, granting a Special Exception for a restaurant in an RR Zoning District with fourteen (14) conditions. These conditions are included on the Site Rah as follows: 1. All of the terms agreed to between the applicant, Samuel Glass, and the Town of Southold, on July 21, 2011, as partially cited above, shall remain in full force and effect; 2) This Special Exception Permit to operate a limited seasonal restaurant open to both guests and non-guests of the motel/inn, shall remain accessory to the principal motel/inn use and shall be null and void if the motel/inn use is discontinued at any time; 3) No enlargement of the existing footprint or the square footage of the as-built restaurant building and/or the attached as-built patio is permitted; 4) No more than a total of 48 patrons of the accessory restaurant may be present on the subject property at any one given time, including both guests of the motel/inn and members of the public, whether seated or standing, both indoors and outdoors, including people using any outdoor bar area or picnic tables; 5) Only registered guests of the motel/inn may use the in-ground swimming pool; 6) No special tour The Blue Inn • [2] November 18, 2014 // groups arriving by bus may dine at the subject restaurant; 7)All parking for both guests of the motel/inn and the accessory restaurant shall be on site; 8) A parking attendant will be on site during the hours of operation of the , accessory restaurant to direct restaurant patrons to park their cars on site rather than parking on Main Road (NYS Rt. 25) or Old Orchard Lane; 9) No signs will be placed on the property advertising that there is a restaurant on the premises; 10)The restaurant will only be open on Friday, Saturday and Sunday from the end of June until Labor Day; 11) The temporary 3'/2 foot high wood wall and temporary"plastic curtains" and netting will be installed at the end of June and removed after Labor Day; 12)This Special Exception Permit is subject to Site Plan review and approval by the Southold Town Planning Board. If the Planning Board determines that the subject property is inadequate to meet the parking, circulation, lighting and other required standards for both the motel/inn and accessory restaurant use, then this Special Exception Permit shall be null and void; 13)This Special Exception Permit will expire one year from the date of this decision, at which time a public hearing will be scheduled by the Zoning Board of Appeals for further review, at the expense of the applicant, should he wish to request a renewal. If the Applicant requires additional time to obtain Site Plan Approval, the Applicant shall submit such a request to the Zoning Board of Appeals in writing and must make a showing that it has diligently proceeded with the Site Plan process and good cause for such an extension. The Zoning Board of Appeals will consider a single extension of time not to exceed six (6) months; 14) The Special Exception Permit granted herein may involve a change in occupancy or a change in use or a change within a classification of the occupancy. Therefore, as a condition of approval, the applicant must contact the,Building Department to make the determination whether Or not a Building Permit is required and that changes will be NYS Code compliant; and WHEREAS, on April 8, 2014, Samuel Glass, Owner, submitted an application for Site Plan review; and WHEREAS, at a Work Session held on April 21, 2014, the Planning Board formally accepted the application for review; and WHEREAS, on April 29, 2014, the Planning Board, pursuant to Southold Town Code §280-131 C., distributed the application to the required agencies for their comments; and WHEREAS, the Southold Town Planning Board, pursuant to State Environmental Quality Review (SEQR) 6 NYCRR, Part 617.5, has determined that the proposed action is a Type II Action as it falls within the following description for 6 NYCRR, Part 617.5 (c) (7) "construction or expansion of a primary or accessory/appurtenant, non-residential structure or facility involving less than 4,000 square feet of gross floor area and not involving a change in zoning or a Use Variance and consistent with local land use controls, but not radio communication or microwave transmission facilities", therefore, not subject to SEQRA review; and • The Blue Inn [3] November 18, 2014 • WHEREAS, on May16, 2014, the Southold Town Fire Inspector reviewed the proposed C" Site Plan and determined that there was adequate fire protection and emergency access for the site; and WHEREAS, on May 28, 2014, the Southold Town Engineering Inspector reviewed the proposed Site Plan to Chapter 236 and required no additional information due to the fact that no construction of impervious surfaces or expansion of a footprint was proposed on the Site Plan; and WHEREAS, on May 30, 2014, the East Marion Fire Commissioners reviewed the proposed Site Plan and determined that there was adequate fire protection but required some site work from the Applicant to improve emergency access for the site. The Planning Board required specific tree trimming and access improvements which were completed by the Applicant; and WHEREAS, on June 2, 2014, a public hearing was held for the above-referenced application and kept open; and WHEREAS, on July 7, 2014, the public hearing continued for the above-referenced application and was closed; and WHEREAS, on July 16, 2014, the Town of Southold LWRP Coordinator reviewed the above-referenced project and determined the proposed project to be consistent with Southold Town LWRP Policies; and WHEREAS, on November 14, 2014, the Southold Town Chief Building Inspector reviewed and certified the proposed use of a restaurant as a permitted use in the RR Zoning District by Special Exception pursuant to ZBA File#SE6675; and WHEREAS, at their Work Session on November 17, 2014, the Southold Town Planning Board determined that all applicable requirements of the Site Plan Regulations, Article XXIV, §280— 130 Site Plan Approval of the Town of Southold, have been met; therefore be it RESOLVED, that the Southold Town Planning Board has determined that this proposed action is consistent with the policies of the Town of Southold Local Waterfront Revitalization Program; and be it further RESOLVED, that the Southold Town Planning Board grants Approval with Two (2) Conditions to the survey for SCTM#1000-31-6-17.2 entitled "The Blue Inn at North Fork Site Plan", with hand drawn features by Mary O'Brien, dated September 2, 2014 and last revised October 2, 2014. The Chairman is hereby authorized to endorse the Site Plan. Conditions: 1. The subject site must maintain compliance with all noise ordinances within the Town Code; • The Blue Inn [4] November 18, 2014 '1<1 2. Access to Old Orchard Lane isp rohibited Friday—Sunday while the restaurant is in operation. The existing gate shall be closed during these times and used for emergency purposes only. Please also note the following requirements in the Southold Town Code relating to Site Plans: 1. Any outdoor lighting shall be shielded so the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. 2. All storm water run-off from grading, driveways and gravel areas must be contained on site. 3. Proposed storm water run-off containment systems must be inspected by the Town Engineer at the time of installation. Please call the Southold Town Engineer prior to beginning this work. 4. Approved Site Plans are valid for eighteen months from the date of approval, within which time all proposed work must be completed, unless the Planning Board grants an extension. 5. Any changes from the Approved Site Plan shall require Planning Board approval. 6. Prior to the issuance of a Certificate of Occupancy, the Planning Board must inspect the site to ensure it is in conformity with the Approved Site Plan, and issue a final site inspection approval letter. Should the site be found not in conformance with the Approved Site Plan, no Certificate of Occupancy may be issued unless the Planning Board approves the changes to the plan. A copy of the Approved Site Plan is enclosed for your records. One copy will also be sent to the Building Department and the Town Engineer/Highway Department. If you have any questions regarding the above, please contact this office. Very truly yours, Donald J. Wilcenski Chairman Encl. cc: Building Dept. w/map Town Engineer w/map The Blue Inn [5] November 18, 2014 By signing this letter, the applicant acknowledges that there are Town Code requirements and conditions, including those listed above, that must be satisfied prior to the issuance of a Certificate of Occupancy. 4Adsa Print name: lac-1 Dns l est , Applicant/Agent Signature: � rp eLs\-5-0-4/\. Date: \k\\4\ I • TeIle eZen ILkc-k h c1sc s;#e P1ano SURVEY OF DESCRIBED PROPERTY Nona d,mlon /law 's by n1a�yp'(3`;� Q_a_\� SITUATED AT / « ..a '� O �. EAST MARION, total 14 w6g TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C.T.M. 110. 1000-031-6-17.2 �.TN RO� AREA = (0,643 SQ. FT./1.4 ACRES �+ WOO. K.,�o.Alf POP MOM.00 S= DS„n,aoio,Rvr IRPI.a Lia RR 51.�eRMS 10 PC I.Wi1„6 , Mr ION 0113.10 ROWE NO UM 119:10701(PM ROT 11010003 10 MON 11O MOM el OM.MOM NOS POOLS PPSIOS IMMO MEM N MOO ROfT1 'c,�,k( 0,MI mono VO OMR COSINTSPcn a 1 x kY MC MO.nlro..r .a m.mo. 'MY c.v WOOOOPOSIO AWAY 7 II OW SI LORI 90 moms IAL MOO a IIS 1011.IMP iil' THE UNDERSIGNED,PURSUANT TOSONHOID TOWNCOUEEECIIOIt •oM WOW IS A 1OL411011 OF l DS LVA*1 OW.tawxR AM lm,tea MOOD 1011.ONO ,y L9PIOAASE IUEETR:9S IIATTH RESOLUTION 01,THE SPE PLAN ICY r mm0RP A Mt OW os PAIR 00•E 1 i Al 7 A�PROVALaaEE[{/DRTH EN THE RESOLUTION OP APPRO\AL DATED .{�pl�![�p (L/LNOJII A=A`CCCE,.PTED(SEE/C/ONDITIONS ON RESOLUTION). W brl Ns 0 s31 pORO 1 ' ♦+ ,I PLPASEPRNTTTNANEMIC OOCier CERTIFIED•O.DENISE BURS -to N S""-�, r L Polm 11• COMMONIL MI LAND 77Th INSU14NCE COMPANY t + NnetA un 6p vici NATIONWIDE COURT SRVICES INC. RsfWRiti;^I + Avow SIGNATURE TaLE . DATE SPERRY AS OCIITts FEDERAL Cltmf7•maw •• :,�y nw.nronm.wA.wommra..s p APPROVED-Y P 3T•O i,3l n 'yy A. -IO1NN O'`:SO4T101D PLNTTNG SCAM r,....wrwll.a uar.rrn..ru.K iii _ i'A°. If - C`�K�9 �4 __ �, y ...MOO.,••Lull b,++.a•,�.,ati.,a.n .- c A. li •:�� L QIAIRP[ IGWTIiE GATE N .awpowelOalro.00Mmooloyodolw N .avx Y,w..W :"..ilzl.,.w., ,�.0` `4 . y lJ' noTTi Tb tlt i,,��eel1oall��eeWW T� clefts 1 ^ .w,,,IR, ax. .w�,r�r,,TM�„aw✓a.,w�n..w It 1 wRTow 1 , I O ' ,(T' +I:PPe 1••*a be kr ed dl It , i'P 11� i��`y Oil ewbGom l'�. fir.n,.. twr`Am.,�w 'r*.. 29.9' -7.110.. p1E RT ,... ......,.......•,........m.,,....-. .+•. 24.7. * * * RECEIPT * * * Date: 09/25/15 Receipt#: 193651 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6675 $750.00 Total Paid: $750.00 Notes: Payment Type Amount Paid By CK#2413 $750.00 7850, Main Road LIc Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: 7850, Main Road LIc 62 Nichols Ct., Ste 302 Hempstead, NY 11550 Clerk ID: SABRINA Internal ID:6675 BOARD MEMBERS ,iieolf Southold Town Hall Leslie Kanes Weisman,Chairperson �� 1 �'®4 -$®U��®� 53095 Main Road•P.O.Box 1179 °® ® • Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer % Town Annex/First Floor,Capital One Bank George Horning �'® ,��a®�� 54375 Main Road(at Youngs Avenue) Kenneth Schneider ��L'QU �� i�� Southold,NY 11971 ... S•', http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, NOVEMBER 5, 2015 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, NOVEMBER 5, 2015: 10:20 A.M. - 7850 MAIN ROAD, LLC d/b/a THE BLUE INN at NORTH FORK #6675 — Re- Hearing per Board Resolution based on Condition #13 in ZBA amended decision dated September 4, 2014 - Request for Special Exception per Article VII Section 280-35(B) to expand the current restaurant use to include being open to the public, enclose existing patio and surround with a 3 1/2 foot wall located in a Resort Residential (RR) District, located at: 7850 Main Road and Orchard Lane (aka Old Orchard Road) East Marion, NY. SCTM#1000-31-6-17.2 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office .at (631) 765-1809, or by email: Vicki.Toth(cTown.Southold.ny.us Dated: October 5, 2015 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 NCiTICE OF HEI1RIN The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold: NAME 7850 MAIN ROAD LLC, d/b/a THE BLUE INN at NORTH FORK #6675 MAP # 31 .-6- 17 .2 VARIANCE SPECIAL EXCEPTION- RE- HEARING REQUEST EXPANDED RESTAURANT USE DATE : THURS , NOV. 5 , 2015 10 :20 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. V) 10110 (3 Br.)ARD -Towlo OF SOIITHOLD 765 - 1809 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net Qctober 5, 2015 Re: Town Code Chapter 55 -Public Notices for Thursday, November 5, 2015 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before Ocotber 19th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your-ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than October 26th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later October 28th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before November 3, 2015. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. zr f/y/-) 0)) TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS . (Name of Applicants) - . SCTM Parcel# 1000- COUNTY OF SUFFOLK STATE OF NEW YORK • I, residing at • •New York, being duly sworn,deposes and says that: • On the day of ,20 , I personally mailed at the United States PQst.Office in . , New York, by CERTIFIED MAIL, RFS`/M R ECEIPT R FQUEST$D,_a ze-copy-of-the-attached-Legal-Noose-in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the( }Assessors,or( ) County Real Property Office for every property which abuts and is across a public or private street, • or.vehicular right-of-way of record,surrounding the-applicant's prope . • :• C .t: tore) Sworn td before me this day of , 20 (Notary Public) . PLEASE fist on the back of this Affidavit or on a sheet of paper, the lot numbers next - •to the owner names and addresses for which notices were mailed. 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(—fl 1( M lti City State, +�Cee�i � (�� \-e�tr�� Stre tand lA�)Pt Na,orP o`, \'c1-cX�s �1.- h"��S t , tate,ZIP+4i — IC I" 1 l 'GV :o-. a PSN 7530.02-000-9047 Q , f•pg � ��c aleatto I72@gegtfill 3800, i 7530-02-000-9047 l ' Illa Postal ' ROo Postal - agalitHED, MAIL° NIEMPV ©CS[ `l�!]FIED MAI[�� ' m Cn� ( E'PT' r ` � x L o• ° Zmdeelsivteicryt?formC)natIron, 0 visit' r-a ftp^r delivery information, ` all r- E(www usps:com% I f� @L�pwebsite .. •- ;l I (- ' - EAST !9A-IOM NY 1i 939. www.usps comms I tti r ;RIO�i t�Y.,ii939 f°� I I�!� �• � � ��- _ _ � _�� 3 '� ' � f<�_ Certified Mail Fee $3.45 ru ru $ (y Extra Services&Fees(checkbox,add lea'. 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Sent To ! • 1� _J• r' rl �� O SttanndApt o.,or PO oxI D Street and Ant N or Po ,00 o.�s— r- = "n�t�_4JC � Ciry�stat�e,ZlP+4° Ct rate ZP+4® C� LES �'%cam Ns...* • 1 ) a, o r ., \36.5- ...................................... .`]� gni - X13 - ,Ir�it3800, '•ni MS7530-02-000-9047 0 - "--"' '�eC1 -X{7530-02-000-•047 @l2i9fDat..,.,,.; -SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELLVERY ■ Complete items 1,2,and 3. A Signature , Q,�O N N 1'1 III ent�� , • Print your name and address on the reverse x / l f''i_' i i Addressee ' so that we,can return the card to you. I__ g • Attach this card to the back of the mailpiece, B. Received by(Pig. •filam-) I ate�fi el or on the front:if space permits. plkl o rt R<)yJJ R,�l 2 2 V "►"• , 1. Article Addressed to: D. Is delivery address•rO: ( • -. • - «}µ,ms SENDER: COMPLETi )S SECTION COMPLETE THIS SECTIO. N DELIVERY • Complete items 1,2,and 3. A. Sign. a Print your name and address on the reverse X �p ❑Agent so that we can return the card to you. at - P L �' 0 Addressee • Attach this card to the back of the mailpiece, a eived by(Pri 41 Name) C. Date of Delivery ` or on the front if space permits. � P - I.E G 'A) —2(—LT J ,.. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes �v If YES,enter delivery address below: El No 9-o . (cpfC ass �N •, tm ice Type Mall Express@ 111111111 111111111 Il I II IIII II II II 11111 III II III ❑dultrSignature Restricted Delivery 0 Registered Mail Restricted` 0 Certified Mail@ Delivery 9590 9403 0693 5196 1990 72 ❑Certified Mail Restricted Delivery 0 Return Receipt for ❑Collect on Delivery Merchandise °2._Article-Number_(Transferfrom_service label) CI Collect on Delivery Restricted Delivery 0 Signature ConfirmationTM 1 E 1] ,Insured Mail , • . 0 Signature Confirmation 7 15 0640' 00049279' 70'92 i • 0 Insured Mall Restricted Delivery ! Restricted Delivery -- '— _ I (over$500) ` , PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt : SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY i • Complete items 1,2,and 3. A:Sign.L re f • Print your name and address on the reverseX P CI Agent so that we can return the card to you. II 'Y' ❑Addressee • Attach this card to the back of the mailpiece, B. Received 0(Printed Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes ��\�_ If YES,enter delivery address below: ❑No ��-� �r�=4 a e.0 ��.` QCT li 1�c� C�� f \\3 -)5 1` /' 0 ? �� ( 111 11111IIII IIIIIIIIII 1111 11 111111111111 11 III ❑0 Adult Adult Signature Restricted Delivery 0 Re 3. Service Type `+ ,J"? C3 =0 Priority Mall Express@ gisteredMallMallRestricted j ❑Certified Mall@ Delivery 9590 9403 0693 5196 1991 19 ❑Certifled Mail Restricted Delivery 0 Return Receipt for 1 ❑Collect on Delivery Merchandise 0 Collect on Delivery Restricted Delivery 0 Signature ConfirmationTM i 2. Article Number(Transfer from Sen ice label) _ -i—, n Insured Mail i i , 0 Signature Confirmation 7 015 064000014 ' 19279 7054 ' - ilnsured.Mail Restricted Delivery I Restricted Delivery I (over$500) PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt , SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY .'11' i ■ Complete items 1,2,and 3. Vr��✓ l i 0 Agent • Print your name and address on the reverse �Ai o t-L- As, 0 Addressee so that we can return the card to you. p B. Rece d 'mfed.N_amel� C. Date of Delivery • Attach this card to the back of the mail iece, �`• O\� or on the front if space permits.- c.. 1. Article Addressed to: • D. Is delivery.z— ffereht�ft9tn item 1? 0 Yes . n` �� If Y`�e'n�t ac-fl�i'y lres-s7'below: ❑No SG�c\ :`I�'�, N \�� 1135 3. Service Type ❑Priority Mall Express@ 111111111411111111111111111111111111 I ❑Adult SiMau gr Restricted Delivery 0 Regi stere Mail Restricted, 0 Certified Mail Restricted Delivery 0 Return Receipt for 9590 9403 0693 5196 1991 02Merchandise . . 0 Collect on 0,Collect on Delivery.Restricted Delivery 0 Signature Conflrmatign?"" ivery 2=Article lumber(In3nsferJfOm_seLVice labeD ;t ;- (j Insured Mail;, ; !i � ❑Signature Confirmation `" s - Restricted Delivery 015 06110 00041.979-7061'2 T• ❑'Insured Mail Restricted Delivery (over$500) t �, .. _ PS.Form 3811,April 2015 PSN 7530-027 000;90531 ;�.`' mstic{Retuis°Receipt i -(. ; I is I I , , ; i , i ; l i � i , i , , i ;,-1.-,,,,,-. ( �� AY f/ 1) OC' � TOWN OF SOUTHOLD ZONING BOARD OF APPEALS • SOUTHOLD, NEW YORK • - AFFIDAVIT • OF In the Matter of the Application of POSTING • (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel#1000- COUNTY OF SUFFOLK) STATE OF NEW YORK) - \J\ 0 1, N, lD rt ce,ij residing at . ,New York, being duly sworn, depose and say that: On the day of • , 201 , I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or right-of- way(driveway entrance)—facing the street or facing each street or right-of-way entrance,* and that • • I hereby confirm that the Poster has remained in place for seven(7)days prior to the • .date of the subject hearing date, which hearing date was shown to be . • .- Pr CO 0 ignature) Sworn to before me this i 0,3 Day of Q , 2013 VICKI TOTH Notary Public State of New York • No.01`f06190696 .Nc(-,ckic �j� /� Qu8lified In Suffolk County_ Commission Expires July 28,20_1�J (Notary Public) * near the entrance or driveway entrance of my property, as the area most visible to passerby. I, .- SENDER: COMPLET(._ )ISSECT/ON COMPLETE THIS SECT'!DELIVERY • Complete items 1,2,and 3. A. Sign.� l 0 Agent t • Print your name and address on the reverse X a m/'ddressee so that we can return the card to you. B. R oeiv by(Printed Name) C. Date of Delive ( • Attach this card to the back of the mailpiece, �g`o2 P , or on the front if space permits. J , J 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: 0 No TCckit , 6.3\-0-0--t\--C):3' t--"°' tqq. \\ci 3. Service Type 0 Priority Mail Express® t Ell illi 11111111111111 II 1111IIII II I III III 0 Adult Signature 0 Registered10 Adult Signature 1 CertifiedMall® Delivery Delivery 0 Registered MailMaRestricted Delivery 9590 9403 0693 5196 1990 34 ❑Certified Mail Restricted Delivery 0 Return Receipt for I ❑Collect on Delivery Merchandise i ❑Collect on Delivery Restricted Delivery 0 Signature ConfirmationTM 1 ' Article Numher_ITransfer from service label) 0 Signature Confirmation ❑Insured Mad Restricted Delivery it i5 0640 6 0004 9279 7023 Jj ❑Insured Mail Restricted Delivery (over$500) PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt I i ii iitisi ii: it ! ( till i ii SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY - ■ Complete items 1,2,and-3. - A. Sig z S. • Print your name and address on the reverse X .. 0 Addressee so that we can return the card to you. �l B. ceive• • (Printed Name C. Date of Delive i • Attach this card to the back of the mailpiece, --- r/ ? - or on the front if space permits. r, • _ i3 ( g. /c/�i - 1. Article Addressed to: D. Is delivery address different from item 1? 0yes If YES,enter delivery address below: EI/No -].56-3s CL* ,S i\./ v r i Cid mac, 1 3. ervice Type ❑Priority Mail Express® III ill/III 111111/II/1 IIIIII/III I I i i1I ' ❑ dult Signature ❑Registered Mail R Adult Signature Restricted Delivery ❑Registered Mail Restricted ertified Mail® Delivery 9590 9403 0693 5196 1990 41 grtified Mail Restricted Delivery 0 Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery 0 Signature ConfirmationTM 0 Insured Mail 0 Signature Confirmation tion lbi 6 XDLO ct 1 S ❑Insured Mail Restricted Deliveryover$500) Restricted Delivery PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3. A. Signature - -- ■ Printour name and address on the reverse c rr •ent Y X k i�� /' - II Addressee so that we can return the card to you. • Attach this card to the back of the mailpiece, B. Received by(Printed ame) 'j71.9 of•eh��p or on the-front if space permits. NGf "'�tU-h1i 1. Article Addressed to: D. Is delivery address differen r m item 17 r:l- If YES,enter delivery addr s below: e, ``. A 'p.. SQa119tV—hl c:5,c\-.\_ r L 5��;c c\ �''( - S \\G 3 1 3. Service Type 0 Priority Mail Express® ~ i 111111111/III IIIII I I I II/III II II II/III I IIIII III 0 Adult Signature 0 Registered MallTm ❑Adult SignatureI�`Restricted Delivery 0 Registered Mail Restricted l ❑Certified Mail® Delivery 1111 9590 9403 0693 5196 1991 26 0 Certified Mail Restricted Delivery 0 Return Receipt for 1 ❑Collect on Delivery Merchandise 0 Collect on Delivery Restricted Delivery 0 Signature ConfirmationTM ___2._Article Number(Transfer from service label) ❑_Insured Mail 0 Signature Confirmation - 7015 0640 0004 9279 7 0-4 7 fired Mail Restricted Delivery Restricted Delivery jr$500) r PS Form 3811',April 2015 PSN 7530-02-000=9053 i --Domestic Return Receipt #12475 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 29th day of October, 2015. LEGAL NOTICE '''i. 1 //:-/In-C---- SOUTHOLD TOWN ZONING Principal Clerk BOARD OF APPEALS THURSDAY NOVEMBER 5,2015 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, t pursuant to Section 267 of the Town Law and Town Code Chapter 280 me this dayofV 2015. (Zoning),Town of Southold,the fol- lowing public hearings will be held 10:40 A.M.-RICK NAPPI#6828 ' by the SOUTHOLD TOWN ZON- - Re-Opened by Board Resolu- n ING BOARD OF APPEALS at tion - Request for Variances from , /( the Town Hall, 53095 Main Road, Article XXIII Section 280-124 and ___,./,P.O Box 1179, Southold, New York Article XXII Section 280416B and (______-)11971-0959, on THURSDAY NO- the Building Inspector's December VEMBER 5.2015. 3, 2014,AMENDED September 22, 9:30 A.M.-ANTHONY and LISA 2015 Notice of Disapproval based CHRISTINA VOLINSKI SANNINO#6882-(Adjourned from on an application for building per- September 3,2015)Request for Vari- mit for to NOTARY PUBLIC-STATE OF NEW YORK ante under Article III Code Section Demolition of existing single family No. 01V061 0 5 050 280-13A(4) and the Building Inspec- dwelling and construction of a new 0llQllifla l In Suffolk County tor's June 17, 2015, amended June single family dwelling, at; 1) less 23, 2015 Notice of Disapproval for than the code required front yard My Commission Exitiltos F'bruary 28, 2016 a building permit to construction of setback of 35 feet,'2) less than,the a winery/tasting room, at:1) winery code required minimum single side 1:30 P.M. - ADE VENTURES, 2:15 P.M. - SOUTHOLD FARM located on a parcel less than the code yard setback of 10 feet,3) less than LLC. #6850 - Request for Varianc- and CELLAR, INC. (MEADOR) required minimum of at least 10 acres the code required'bulkhead setback es from Article XV, Sections 280- #6861 - (Adjourned from 8/20/15) devoted to vineyard or other agri- of,75 feet, located at: 5218 Peconic f 64B&C and 280-63 and the Building Request for Variances under Article cultural purposes, located at: 15975 Bay Boulevard(adj.to Great Pecon- Inspector's June 9, 2014, renewed III Code Section 280-13A(4) & 14, County Route 48(aka Middle Road) is Bay) Laurel, NY. SCTM#1000- February 23, 2015, amended Febru- and Article XXIII Section 280-124 and 7495 Alvah's Lane Cutchogue, 128-2-22 ary 26, 2015 Notice of Disapproval and the Building Inspector's April NY.SCTM#1000-101-1-14 6&14.4 11:00 A.M.-JUJAX PARTNERS, based on an application for building 9, 2015, amended June 19, 2015 10:00 A.M. - STEVEN and AN- LLC. #6891 - Request for varianceAMENDED September 10, 2015 DREA KOLYER#6860-(Request to q permit to constructna aommercial ( q from Article II Section 280-9A&B building for an electrical aontrac- Notice of Disapproval for a building WITHDRAW by letter dated October and the Building Inspector's Notice tor's yard, at; 1) less than the code Permit for conversion of an existing 2,2015 by the applicant) (Adjourned of Disapproval dated September 8, required average front yard setback building to a tasting room and con- from September 3,2015) (Re-opened 2015 based on a building permit ap- of 16 feet,2) less than the code re- struction of a new winery building, by Board Resolution due to error inplication for lot recognition, at; 1) quired minimum rear yard setback at:1)(winery building)less than the Notice of Disapproval) Request for `1 subject parcel is not a recognized of 70 feet,3)proposed structure with code required minimum setback of Variances under Article III Code lot, located at: 1975 Sound View more than the code allowed maxi- 100 feet from a major road,located Section 280-14 and the Building In- Avenue (adj.to Long Island Sound) mum of 60 linear feet of frontage ; at: 860 Old North Road Southold, spector's March 9,2015,Revised July ' Mattituck,NY.SCTM#1000-94-1-11 on one street,located at:620 Corwin NY.SCTM#1000-55-1-7&8.3 20,2015 Notice of Disapproval for a 11:15 A.M. - PAUL ROMANFL- The Board of Appeals will SCTM#1000- building permit for a subdivision, at: Street Greenport, NY. SCTM#1000- allpersons or their representatives, willhear Proposed Lot 1- lot 10)-1)less than 48-2-44.2 P ( ) fir. .CONTRACT-VENDEE (ROB- 2:00 P.M.-ALLISON LATHAM desiring to be heard at each hearing, the code required minimum lot size of ERT and "CAROL BOHN) #6892 f 8 -This is a request under Sec- and/or desiring to submit written 80,000 sq.ft.,2)less than the code re- q statements before the conclusion of quired minimum lot width of 175 feet, This is a request under Section tion 280-146D for an Interpretation- each hearing. Each hearing will not Proposed Lot 2-(lot 9)-1)less than 280-146D for an Interpretation of of the Town Code,Article III, Sec- start,earlier than designated above. the code required minimum lot size of the Town Code,Article VIII,Section tion 280-14, "Bulk Schedule", ap- Files are available for review Burin 80,000 sq.ft.,2)less than the code re- 280-38A, "Permitted Uses", appeal- pealing the Building Inspector's g ing the Building Inspector's Septem- September 10,2015 Amended Notice regular business hours and prior to quired minimum lot depth of 250 feet, per 15,2015 Notice of Disapproval; Disapproval regarding number of the dayof the hearing. If you have located at:4075 Paradise Point Road pp of g g (adj. to a boat basin) Southold, NY. applicant's business "Suffolk Secu- uses proposed on property located questions, please contact our of- rity" is not a contractor's business, at: 860 Old North Road Southold, flee at, (631)765-1809, or by email: SCTM#1000-814-10.1located at:50300 NYS Route 25(aka NY.SCTM#1000-55-1-7&8.3 Vicki.Toth@Town.Southold.ny.us. --10:20 A.M.- 7850 MAIN ROAD, ' p.LC d/b/a THE BLUE INN at' Main Road) (corner Jockey Creek Dated:October 5,2015 Drive) Southold, NY. SCTM#1000- ZONING BOARD OF APPEALS per l FORK#6675Resolution -Re-Hearing 70-2-15 LESLIE KANES WEIS- per Board Resolution based on Con- 11:30 A.M. - PAUL ROMANEL- MAN, - CHAIRPERSON dition#13 in amended decision T I CONTRACT VENDEE (ROR- -BY:Vicki Toth dated Septemberper 4,2014 - Request RRT and CAROL BOHN) #6890 54375 Main Road(Office Location) for Special Exception per Article - Request uest for variance from Article 53095 Main Road (Mailing/USPS) VII Section 280-35(B) to expand VIII Code Section 280-38A (Per- P.O.Box 1179 the current restaurant use to include mitred Uses), and the BuildingSouthold,NY 11971-0959 being open to the public, enclose In- 12475-1T 10/29 existing patio and surround with a spector's September 15,2015 Notice -_.- ------ 3 1/2 foot wall located in a Resort of Disapproval based on an applica- Residential (RR) District, located tion for building permit to convert at: 7850 Main Road and Orchard an existing legal non-conforming Lane (aka Old Orchard Road) East real estate agent office to a contrac- Marion,NY. SCTM#1000-31-6-17.2 tor's business, at; 1) contractor's -- business is not a permitted use,lo- - cated at: 50300 NYS Route 25 (aka Main Road) (corner Jockey Creek Drive) Southold, NY. SCTM#1000- 70-2-15 xRlUU(•• tee(f.• . W .- 11-00.03 64. 032O0I .. ao-lsa, m 1150 .., ° e. .•••%• 25.02 9 ,. 19e "' -22-02 :. y0 �� c1p 90' , M a.. 51.15 100::,„c," At 1�0.{M" V� P i 03-22.00 % w. < F ' Dom" 0�0., 1040.03 . .,r, : , 06@2-04 1114 . 11111111. v o it 13 g . IA" t low-o4 50.1 F •1,3-42 A _ .112 v 10-03gisk..'O I 11 14: **44;fr" 6 • 17 , •. Mn 11% 'g /, . * 77 . 11 11� A •10. 6 • 11 4 �J y1PLd M as 1O 4. 0 15.64 SUFFOLK COUNTY t1 Mat ils. WATER AUTHORITY osyd /rmaR GJ�. 11.31 -� 'lSa.' 10'4 =i 0 AOA ear 7 FOR PCL MO SFE 6EC.1iO, 0 if+ " t 0.10.OSou g �� ,ram I11 .1 1171,:..1.,_4:2A,I. : .. : .. .....it: ,Iilit?4 ,..4111111\a.. , , ,. .." 441.,;‘. t a. I s.t \% I I. 1 • II° iii.ril* Ci• i + 444 0 +. 4 000;I § gNii 0 3-10 2.14 0 4 \ to iiil si co 7 SA . ' .* ' #\40 ,, % .40'S 4,1, .. \, 4 ' - ',\XO 20 3 \.''. .ale , 4 g 1 w MARK II are, �.o. ,, ta+ccl 44?-8 f' i+oR 1 CL MO 286 4(e' s 14* *s di' 63002-1 BD�t �. rourrrarsuivax de.9OI719Y1' , Sr r..i:: 18. � 14 • 14 244 1 �i73•47 )14/n-rile AML) go Ab 414., 4-7-L4`y►w/�/0//-- i 7, ,.:�. : : A) — hrr.W _- -- I3i 0 /.3 _ . . . �--�- -•-- ,�i. 61,-7 - / 3(1 -02; . -3/, a -a 31, & b11 i� Southold Town Hall BOARD MEMBERS �� OF SOOT Leslie Kanes Weisman,Chairperson rr� �� yp ` 53095 Main Road•P.O.Box 1179 rrr ,�O !O Southold,NY 11971-0959 Eric Dantes k * ilig% Office Location: Gerard P.Goehringer % G ,�' Town Annex/First Floor,Capital One Bank •George Horning �� o � 54375 Main Road(at Youngs Avenue) Kenneth Schneider ' CO(jjM A�I/ Southold,NY 11971 001 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 November 20, 2015 Mary O'Brien, General Manager The Blue Inn at North Fork 7850 Main Road East Marion,NY 11939 Re: ZBA Application#6675 Dear Ms. O'Brien: Transmitted for your records is a copy of the Board's November 19, 2015 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for interpretation. If you have any questions,please call the office. Sincerely, Vicki Toth Zoning Board Assistant Encl. Cc: Building Dept. Tedi) /nib° 1e0 b , �,,// a! �/,6/�9' E� '0 ' 1)087-h Ge !o P‘51) /V1 rL) k„0„4--b l7.02 E 41 , _i .6 kES i!-FJILA10 / -3 fv w fra_ /4)-Qo0L7 1o, 77 , pi-161/51/3 i ViVi3 ; 10/l/13 °.166 9//y- Amended co�01#/.� pu c. '-�d -{�rn�t tri 3 4-0 '1/pV, 1') BOARD MEMBERS "0�s��F S E _ Southold Town Hall Leslie Kanes Weisman,Chairperson oto A 07yo ` 53095 Main Road •P.O.Box 1179 " Eric Dantes ,I0 4 : Southold,NY 11971-0959 * ; Office Location: Gerard P.Goehringer cis Town Annex/First Floor,Capital One Bank George Homing �` ,�., 11 54375 Main Road(at Youngs Avenue) Kenneth Schneider =<ireO � '��6i�� Southold,NY 11971 ,,•0' http://southoldtown.northfork.net RECEIVED ZONING BOARD OF APPEALS / Ii 3 •,aC L TOWN OF SOUTHOLD SERI - 8 014 T Tel.(631)765-1809•Fax (631)765-9064 outhold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 4,2014 ZBA FILE No.: SE 6675 —AMENDED DECISION NAME OF APPLICANT: 7850 Main Road,LLC d/b/a The Blue Inn at North Fork PROPERTY LOCATION: 7850 Main Road and Orchard Lane, East Marion,NY SCTM#1000-31-6-17.2 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions,without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated August 13, 2013 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject property is zoned Resort Residential (RR) and contains 60,842 square feet. It is improved with a two story hotel with attached decks and covered porch, a separate one story framed building with attached 1 V2 story motel unit with attached shed, 20 unit concrete block motel, trailer, accessory framed garage and in-ground swimming pool. It is an irregular shape that has 113.15 feet of frontage on Main Road, 162.00 feet along the eastern property line, 245.72 feet along the northern property line, 148.83 of frontage on Orchard Lane(aka Old Orchard Road(Private Road), 294.98 feet along the southern property line, 146.73 feet along the western property line, 59.22 feet along the northern property line and 152.50 feet along the westerly property line as shown on the survey dated 12/28/2000, updated 4/9/2010 prepared by Pat T. Seccafico, PLS,PC. BASIS OF APPLICATION: Request for Special Exception per Article.VII Section 280-35(B)to expand the current restaurant use to include being open to the public, enclose the existing patio, and surround it with a 3 1/2 foot wall, located in a Resort Residential(RR)District RELIEF REQUESTED: The applicant proposes to expand the existing seasonal accessory restaurant use to include being open to the public on a seasonal basis, enclose the existing raised concrete patio with temporary plastic and netting to protect customers from inclement weather and insects, and surround the Page 2 of 6—September 4,2014 AMENDED DECISION#6675—7850 Main Rd.(The Blue Inn) SCTM#1000-31-6-17.2 patio with a 3 1/2 foot high temporary wooden wall to protect customers from falling off of the raised patio. ADDITIONAL INFORMATION: The proposed restaurant use is allowable under the code by Special Exception of the Board of Appeals. On July 21, 2011 the Town of Southold and Samuel Glass, the owner of the Blue Inn and the applicant in this request for a Special Exception permit, entered into an Agreement with restrictions on the operation of the subject property as follows: 1.a. Alcohol will not be served at the licensed premises after 11:00PM. 1.b. No music, live or otherwise, will be permitted outdoors at the licensed premises after 9:00PM. 1.c. The noise level of the restaurant will not be heard outside the interior of the restaurant. 1.d. The exterior awning of the restaurant will not be enclosed and all four sides will remain open. 1.e. The restaurant will continue to function as an accessory to the motel use. 5. This agreement shall remain in effect so long as the owner maintains a liquor license issued by the New York State Liquor Authority. The Zoning Board requested comments from the Southold Fire Marshall who replied in an email dated July 30, 2013 in which he stated: "I have no objections to this Special Exception..." Additionally, comments were requested from the Southold Town Planning Board. On August 6, 2013,the Planning Board replied that the applicant should request a site plan use determination from the Building Department. On August 28, 2013,the Zoning Board received a copy of a site plan use determination from the Building Department that stated: "Request for Special Exception, for free standing restaurant, Use is permitted by Special Exception; Site Plan is not required if they maintain the current occupancy/# of seats,which according to their plan—they are." On September 19, 2013 the ZBA received a Memorandum from the Planning Board in response to the Site Plan Use Determination (SPUD) deferring to the ZBA as to whether site plan approval is required in conjunction with the Special Exception permit application. There was no objection to the raised knee wall proposed to protect the public from injury. Two letters were received by the Board from neighbors in favor of granting the Special Exception permit, along with several letters from neighbors and the East Marion Community Association opposing the Special Exception request. Pictures were submitted by neighborhood residents showing many cars parked on State Road 25 during the hours the restaurant was open, which were not challenged by the applicant. The public record is replete with information regarding the egregious abuses of the previous owner of the subject property who operated the restaurant as a "bar scene" late into the night with excessively loud music, intrusive lighting, and traffic congestion that adversely effected the neighborhood and adjacent property owners. The Board also heard testimony that the current owner has been a quiet and respectful neighbor since he took over the operations two years ago, and that he has abided by his agreement with the Town. The Zoning Board of Appeals held a public hearing on this application on September 5, 2013which was carried over to the Special Meeting of September 19, 2013 and the Regular Meeting of October 3, 2013 to accept additional written comments. The hearing was closed on October 3, 2013. At the public hearing the following statements were made by the applicant,Mr. Glass: Page 3 of 6—September 4,2014 AMENDED DECISION#6675-7850 Main Rd.(The Blue Inn) SCTM#1000-31-6-17.2 1. The restaurant will be open for the serving of food and drink no later than 9 PM daily. 2. No excessively loud music will be permitted at the restaurant 3. Additional parking can be provided on site, by the use of a grassed area on the easterly side of the swimming pool. 4. There are 29 motel units on the premises,and approximately 27 existing parking spaces. 5. Mr. Glass indicated that the current legal capacity of a total of 48 seats (including indoors and outdoors) for the restaurant use would be maintained and that the existing septic system was adequate for this number. If more patrons arrived at dinner time he would tell them to return at a different time for a second seating. Afternoon lunches and morning breakfasts would also be offered to patrons of the motel/inn facilities and members of the public. 6. Occasional special events might be held at the restaurant such as birthday parties and lunches offered to tourist groups arriving by bus. 7. A parking attendant would be employed to direct patrons of the restaurant to park their cars on site rather than parking on Main Road(Rt. 25)or Orchard Lane. In a letter dated September 30, 2013 and received by the Board of Appeals on October 2, 2013, the applicant, Mr. Glass, offered the following limitations on the operation of the proposed seasonal restaurant use: 1. The restaurant will only be open on Friday, Saturday and Sunday from the end of June until Labor Day 2. The 3 '/2 foot high wood wall will be installed at the end of June and removed after Labor Day 3. No signs will be placed on the property indicating that there is a restaurant on the premises. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on September 5,2013,at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: With Regard to the Proposed Expansion of the Existing Accessory Restaurant Use to be Open to the Public The Board has reviewed the General Standards governing Special Exception uses set forth in Section 280- 142 and finds: A. That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. The months, hours, and terms of operation of the seasonal restaurant use granted in this permit will be very limited by the conditions imposed herein to ensure the continued peace and tranquility of the adjoining residential properties and neighborhood. B. That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the requested use is located or of permitted or legally established uses in adjacent use districts. The Blue Inn is located on the Main Road near the general Hamlet Business Zone District of East Marion. A restaurant use is permitted in both the RR zone where the subject property is situate and in the HB zone by review and approval of the Board of Appeals who's Members may impose conditional approval to promote the orderly and reasonable use of the subject property relative to the residential zone which surrounds it. Page 4 of 6—September 4,2014 AMENDED DECISION#6675-7850 Main Rd.(The Blue Inn) SCTM#1000-31-6-17.2 C. That the safety, the health, the welfare, the comfort, the convenience or the order of the town will not be adversely affected by the proposed use and its location.This limited Special Exception permit will continue to enforce the terms agreed to by the applicant and the Town of Southold which are designed to protect and promote the peaceful coexistence of the motel use with accessory restaurant and the residential properties in the neighborhood. D. That the use will be in harmony with and promote the general purposes and intent of this chapter. This Special Exception permit will be limited in duration to provide the applicant with the opportunity to operate a seasonal restaurant open to the public on a limited basis while complying with the conditions imposed herein,where upon the Board of Appeals and the adjoining property owners and neighbors shall review said compliance through a public hearing process. E. That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance. The Blue Inn has existed in one form or another as a guest house/inn with informal snacks and meals available to guests and others since prior to zoning. No expansion of any of the existing structures is proposed or will be permitted by this Special Exception Permit. The Board of Appeals will require a full site plan review and approval by the Planning Board to create adequate onsite parking for both the inn/motel and limited seasonal restaurant use that will relieve parking congestion on local streets, and provide safe ingress and egress to/from the subject property, code compliant minimal signage and night lighting that does not intrude on adjoining properties F. That all proposed structures, equipment and material shall be readily accessible for fire and police protection. G. That the proposal shall comply with the requirements of Chapter 236, Storm water runoff management BOARD RESOLUTION: In considering all of the above factors, motion was offered by Member Dantes, seconded by Member Schneider, and duly carried to GRANT the request for a Special Exception Permit as shown on the survey dated 12/28/2000, updated 4/9/2010 prepared by Pat T. Seccafico,PLS,PC and on the hand drawing of a floor plan diagram prepared by Michael O'Brien Sr. dated 7/26/13; SUBJECT TO THE FOLLOWING CONDITIONS: 1. All of the terms agreed to between the applicant, Samuel Glass, and the Town of Southold, on July 21, 2011, as partially cited above, shall remain in full force and effect. 2. This Special Exception permit to operate a limited seasonal restaurant open to both guests and non-guest of the motel/inn, shall remain accessory to the principal motel/inn use and shall be null and void if the motel/inn use is discontinued at any time. 3. No enlargement of the existing footprint or the square footage of the as built restaurant building and/or the attached as built patio is permitted. 4. No more than a total of 48 patrons of the accessory restaurant may be present on the subject property at any one given time, including both guests of the motel/inn and members of the public, Page 5 of 6—September 4,2014 AMENDED DECISION#6675-7850 Main Rd.(The Blue Inn) SCTM#1000-31-6-17.2 whether seated or standing,both indoors or outdoors, including people using any outdoor bar area or picnic tables. 5. Only registered guests of the motel/inn my use the in ground swimming pool 6. No special tour groups arriving by bus may dine at the subject restaurant 7. All parking for both guests of the motel/inn and the accessory restaurant shall be on site. 8. A parking attendant will be on site during the hours of operation of the accessory restaurant to direct restaurant patrons to park their cars on site rather than parking on Main Road (Rt. 25) or Orchard Lane. 9. No signs will be placed on the property advertising that there is a restaurant on the premises. 10. The restaurant will only be open on Friday, Saturday and Sunday from the end of June until Labor Day 11. The temporary 3 '/2 foot high wood wall and temporary "plastic curtains" and netting will be installed at the end of June and removed after Labor Day 12. This Special Exception Permit is subject to site plan review and approval by the Southold Town Planning Board. If the Planning Board determines that the subject property is inadequate to meet the parking, circulation, lighting and other required standards for both the motel/inn and accessory restaurant use,then this Special Exception permit shall be null and void. 13. This Special Exception Permit will expire one year from the date of this decision,at which time a public hearing will be scheduled by the Zoning Board of Appeals for further review, at the expense of the applicant, should he wish to request a renewal. If the Applicant requires additional time to obtain Site Plan approval,the Applicant shall submit such a request to the Zoning Board of Appeals in writing and must make a showing that it has diligently proceeded with the site plan process and good cause for such an extension. The Zoning Board of Appeals will consider a single extension of time not to exceed six(6)months. 14. The Special Exception Permit granted herein may involve a change in occupancy or a change in use or a change within a classification of the occupancy. Therefore, as a condition of approval, the applicant must contact the Building Department to make the determination whether or not a Building Permit is required and that changes will be NYS Code compliant. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. This Special Exception permit cannot be transferred to new owners. Any violations of the conditions, occupancy or other requirements described herein, may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception permit as granted herein. Vote of the Board: Ayes: Members Goehringer,Dantes,Horning, Schneider. Nay: Member Weisman (Chairperson) This Resolution was duly adopted(4-1). (signed in original decision dated November 7, 2013) Leslie Kanes Weisman, Chairperson Approved for filing / /2013 3 Page 6 of 6—September 4,2014 AMENDED DECISION#6675—7850 Main Rd.(The Blue Inn) SCTM#1000-31-6-17.2 AMENDED CONDITION: The Zoning Board received a letter from the applicant, dated August 21, 2014, requesting the utilization of a one-time, 6-month extension pursuant to the terms of Condition #13. The applicant is currently before the Planning Board and is diligently working towards site plan approval. To date, the subject restaurant has not been open to the public and will not be during the period of the extension, unless the applicant receives final site plan approval. Since the subject use has not been made, the Board is unable at this time to make a determination as to whether there would be an adverse impact to the community. BOARD RESOLUTION: In considering all of the above factors, motion was offered by Member Weisman (Chairperson), seconded by Member Goehringer, and duly carried to 13. This Special Exception Permit will expire on November 14, 2015, at which time a public hearing will be scheduled by the Zoning Board of Appeals for further review, at the expense of the applicant, should he wish to request a renewal. Vote of the Board: Ayes:Members Weisman(Chairperson), Schneider, Horning, Goehringer, Dantes. This ppResolution was duly adopted(5-0). /V' 4 . i Kenneth Schneider,Acting C airperson Approved for filing ')/ 3 /2014 V RECEIVED AUG 2 1 2014 BOARD OF APPEALS 7850 Main Road LLC 7850 Main Road East Marion,NY 11939 August 21,2014 Town of Southold Zoning Board of Appeals 54375 Main Rd, Southold,NY 11971 RE:The Blue Inn at North Fork Dear Sir(Madam): We are due for a review in November,2014 of our restaurant activity. Since the determination of this department that allowed us to serve to the public subject to planning board approval our restaurant has not been open to the public and we only used the restaurant for guests for three days. We are currently working with the planning board for their approval and need additional time to comply with their instructions and requirements. The Planning Board suggested we appriseyour department that we will need an extension. We are requesting an extension of the review by your department that is due during November 2014. We understand that the standard extension is six months;that would take us to May 2015.We have not been open to the public at any time after the determination ofyour department and will be closed through late fall and winter only to open to the public sometime in late May and/or June We are askingyou to extend our time for review until November 2015 so thatyou have an appropriate time frame to make a review of what has transpired during this period of time We would greatly appreciate this consideration to reschedule the review from November,2014 until November,2015 C Sincerely, Mary O'Brie General Manager �' _.___� BOARD MEMBERS I,,, Southold Town Hall �4 SO(/Tg. ;` 53095 Main Road•P.O.Box 1179 Leslie Kanes Weisman,Chairperson • Southold,NY 11971-0959 Eric Dantes * #t 1 Office Location: Gerard P.Goehringer ` G Q ,.` Town Annex/First Floor,Capital One Bank George Horning %20 ^ai(�t� 54375 Main Road(at Youngs Avenue) Ken SchneiderN.IYCQu \1�`tits Southold,NY 11971 ;soRE EIVE http://southoldtown.northfork.net 3 '0 ZONING BOARD OF APPEALS Nov 1b 2 1, "'- TOWN OF SOUTHOLDeziattio Tel.(631) 765-1809•Fax (631)765-9064 Southold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 7,2013 ZBA FILE No.: SE 6675 NAME OF APPLICANT: 7850 Main Road, LLC d/b/a The Blue Inn at North Fork PROPERTY LOCATION: 7850 Main Road and Orchard Lane, East Marion, NY SCTM#1000-31-6-17.2 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated August 13, 2013 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject property is zoned Resort Residential (RR) and contains 60,842 square feet. It is improved with a two story hotel with attached decks and covered porch, a separate one story framed building with attached 1 V2 story motel unit with attached shed, 20 unit concrete block motel, trailer, accessory framed garage and in-ground swimming pool. It is an irregular shape that has 113.15 feet of frontage on Main Road, 162.00 feet along the eastern property line, 245.72 feet along the northern property line, 148.83 of frontage on Orchard Lane (aka Old Orchard Road (Private Road), 294.98 feet along the southern property line, 146.73 feet along the western property line, 59.22 feet along the northern property line and 152.50 feet along the westerly property line as shown on the survey dated 12/28/2000, updated 4/9/2010 prepared by Pat T. Seccafico, PLS, PC. BASIS OF APPLICATION: Request for Special Exception per Article VII Section 280-35(B) to expand the current restaurant use to include being open to the public, enclose the existing patio, and surround it with a 3 1/2 foot wall, located in a Resort Residential (RR) District RELIEF REQUESTED: The applicant proposes to expand the existing seasonal accessory restaurant use to include being open to the public on a seasonal basis, enclose the existing raised concrete patio with temporary plastic and netting to protect customers from inclement weather and Page 2 of 6—November 7,2013 ZBA#SE6675—7850 Main Road,LLC d/b/a The Blue Inn at North Fork SCTM#1000-31-6-17.2 insects, and surround the patio with a 3 '/2 foot high temporary wooden wall to protect customers from falling off of the raised patio. ADDITIONAL INFORMATION: The proposed restaurant use is allowable under the code by Special Exception of the Board of Appeals. On July 21, 2011 the Town of Southold and Samuel Glass, the owner of the Blue Inn and the applicant in this request for a Special Exception permit, entered into an Agreement with restrictions on the operation of the subject property as follows: l.a. Alcohol will not be served at the licensed premises after 11:00PM. 1.b. No music, live or otherwise, will be permitted outdoors at the licensed premises after 9:00PM. 1.c. The noise level of the restaurant will not be heard outside the interior of the restaurant. 1.d. The exterior awning of the restaurant will not be enclosed and all four sides will remain open. 1.e. The restaurant will continue to function as an accessory to the motel use. 5. This agreement shall remain in effect so long as the owner maintains a liquor license issued by the New York State Liquor Authority. The Zoning Board requested comments from the Southold Fire Marshall who replied in an email dated July 30, 2013 in which he stated: "I have no objections to this Special Exception..." Additionally, comments were requested from the Southold Town Planning Board. On August 6, 2013, the Planning Board replied that the applicant should request a site plan use determination from the Building Department. On August 28, 2013, the Zoning Board received a copy of a site plan use determination from the Building Department that stated: "Request for Special Exception, for free standing restaurant, Use is permitted by Special Exception; Site Plan is not required if they maintain the current occupancy/# of seats, which according to their plan—they are." On September 19, 2013 the ZBA received a Memorandum from the Planning Board in response to the Site Plan Use Determination (SPUD) deferring to the ZBA as to whether site plan approval is required in conjunction with the Special Exception permit application. There was no objection to the raised knee wall proposed to protect the public from injury. Two letters were received by the Board from neighbors in favor of granting the Special Exception permit, along with several letters from neighbors and the East Marion Community Association opposing the Special Exception request. Pictures were submitted by neighborhood residents showing many cars parked on State Road 25 during the hours the restaurant was open, which were not challenged by the applicant. The public record is replete with information regarding the egregious abuses of the previous owner of the subject property who operated the restaurant as a "bar scene" late into the night with excessively loud music, intrusive lighting, and traffic congestion that adversely effected the neighborhood and adjacent property owners. The Board also heard testimony that the current owner has been a quiet and respectful neighbor since he took over the operations two years ago, and that he has abided by his agreement with the Town. The Zoning Board of Appeals held a public hearing on this application on September 5, 2013which was carried over to the Special Meeting of September 19, 2013 and the Regular Meeting of October 3, 2013 to accept additional written comments. The hearing was closed on October 3, 2013. Page 3 of 6—November 7,2013 ZBA#SE6675—7850 Main Road,LLC d/b/a The Blue Inn at North Fork SCTM#1000-31-6-17.2 At the public hearing the following statements were made by the applicant, Mr. Glass: 1. The restaurant will be open for the serving of food and drink no later than 9 PM daily. 2. No excessively loud music will be permitted at the restaurant 3. Additional parking can be provided on site, by the use of a grassed area on the easterly side of the swimming pool. 4. There are 29 motel units on the premises,and approximately 27 existing parking spaces. 5. Mr. Glass indicated that the current legal capacity of a total of 48 seats (including indoors and outdoors) for the restaurant use would be maintained and that the existing septic system was adequate for this number. If more patrons arrived at dinner time he would tell them to return at a different time for a second seating. Afternoon lunches and morning breakfasts would also be offered to patrons of the motel/inn facilities and members of the public. 6. Occasional special events might be held at the restaurant such as birthday parties and lunches offered to tourist groups arriving by bus. 7. A parking attendant would be employed to direct patrons of the restaurant to park their cars on site rather than parking on Main Road (Rt. 25)or Orchard Lane. In a letter dated September 30, 2013 and received by the Board of Appeals on October 2, 2013,the applicant, Mr. Glass, offered the following limitations on the operation of the proposed seasonal restaurant use: 1. The restaurant will only be open on Friday, Saturday and Sunday from the end of June until Labor Day 2. The 3 ''A foot high wood wall will be installed at the end of June and removed after Labor Day 3. No signs will be placed on the property indicating that there is a restaurant on the premises. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on September 5,2013, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: With Regard to the Proposed Expansion of the Existing Accessory Restaurant Use to be Open to the Public The Board has reviewed the General Standards governing Special Exception uses set forth in Section 280-142 and finds: A. That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. The months, hours, and terms of operation of the seasonal restaurant use granted in this permit will be very limited by the conditions imposed herein to ensure the continued peace and tranquility of the adjoining residential properties and neighborhood. B. That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the requested use is located or of permitted or legally established uses in adjacent use districts. The Blue Inn is located on the Main Road Page 4 of 6—November 7,2013 ZBA8SE6675—7850 Main Road,LLC d/b/a The Blue Inn at North Fork SCTM#1000-31-6-17.2 near the general Hamlet Business Zone District of East Marion. A restaurant use is permitted in both the RR zone where the subject property is situate and in the HB zone by review and approval of the Board of Appeals who's Members may impose conditional approval to promote the orderly and reasonable use of the subject property relative to the residential zone which surrounds it. C. That the safety, the health, the welfare, the comfort, the convenience or the order of the town will not be adversely affected by the proposed use and its location. This limited Special Exception permit will continue to enforce the terms agreed to by the applicant and the Town of Southold which are designed to protect and promote the peaceful coexistence of the motel use with accessory restaurant and the residential properties in the neighborhood. D. That the use will be in harmony with and promote the general purposes and intent of this chapter. This Special Exception permit will be limited in duration to provide the applicant with the opportunity to operate a seasonal restaurant open to the public on a limited basis while complying with the conditions imposed herein,where upon the Board of Appeals and the adjoining property owners and neighbors shall review said compliance through a public hearing process. E. That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general,particularly with regard to visibility, scale and overall appearance. The Blue Inn has existed in one form or another as a guest house/inn with informal snacks and meals available to guests and others since prior to zoning. No expansion of any of the existing structures is proposed or will be permitted by this Special Exception Permit. The Board of Appeals will require a full site plan review and approval by the Planning Board to create adequate onsite parking for both the inn/motel and limited seasonal restaurant use that will relieve parking congestion on local streets, and provide safe ingress and egress to/from the subject property, code compliant minimal signage and night lighting that does not intrude on adjoining properties F. That all proposed structures, equipment and material shall be readily accessible for fire and police protection. G. That the proposal shall comply with the requirements of Chapter 236, Storm water runoff management BOARD RESOLUTION: In considering all of the above factors, motion was offered by Member Dantes, seconded by Member Schneider, and duly carried to GRANT the request for a Special Exception Permit as shown on the survey dated 12/28/2000, updated 4/9/2010 prepared by Pat T. Seccafico, PLS, PC and on the hand drawing of a floor plan diagram prepared by Michael O'Brien Sr. dated 7/26/13; SUBJECT TO THE FOLLOWING CONDITIONS: 1. All of the terms agreed to between the applicant, Samuel Glass, and the Town of Southold, on July 21, 2011, as partially cited above, shall remain in full force and effect. Page 5 of 6—November 7,2013 ZBA#SE6675—7850 Main Road,LLC d/b/a The Blue Inn at North Fork SCTM#1000-31-6-17.2 2. This Special Exception permit to operate a limited seasonal restaurant open to both guests and non-guest of the motel/inn, shall remain accessory to the principal motel/inn use and shall be null and void if the motel/inn use is discontinued at any time. 3. No enlargement of the existing footprint or the square footage of the as built restaurant building and/or the attached as built patio is permitted. 4. No more than a total of 48 patrons of the accessory restaurant may be present on the subject property at any one given time, including both guests of the motel/inn and members of the public, whether seated or standing, both indoors or outdoors, including people using any outdoor bar area or picnic tables. 5. Only registered guests of the motel/inn my use the in ground swimming pool 6. No special tour groups arriving by bus may dine at the subject restaurant 7. All parking for both guests of the motel/inn and the accessory restaurant shall be on site. 8. A parking attendant will be on site during the hours of operation of the accessory restaurant to direct restaurant patrons to park their cars on site rather than parking on Main Road (Rt. 25)or Orchard Lane. 9. No signs will be placed on the property advertising that there is a restaurant on the premises. 10. The restaurant will only be open on Friday, Saturday and Sunday from the end of June until Labor Day 11. The temporary 3 %] foot high wood wall and temporary "plastic curtains" and netting will be installed at the end of June and removed after Labor Day 12. This Special Exception Permit is subject to site plan review and approval by the Southold Town Planning Board. If the Planning Board determines that the subject property is inadequate to meet the parking, circulation, lighting and other required standards for both the motel/inn and accessory restaurant use, then this Special Exception permit shall be null and void. 13. This Special Exception Permit will expire one year from the date of this decision, at which time a public hearing will be scheduled by the Zoning Board of Appeals for further review, at the expense of the applicant, should he wish to request a renewal. If the Applicant requires additional time to obtain Site Plan approval,the Applicant shall submit such a request to the Zoning Board of Appeals in writing and must make a showing that it has diligently proceeded with the site plan process and good cause for such an extension. The Zoning Board of Appeals will consider a single extension of time not to exceed six(6) months. 14. The Special Exception Permit granted herein may involve a change in occupancy or a change in use or a change within a classification of the occupancy. Therefore, as a condition of approval, the applicant must contact the Building Department to make the determination whether or not a Building Permit is required and that changes will be NYS Code compliant. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. This Special Exception permit cannot be transferred to new owners. Any violations of the conditions, occupancy or other requirements described herein, may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception permit as granted herein. Page 6 of 6—November 7,2013 ZBA#SE6675—7850 Main Road,LLC d/b/a The Blue Inn at North Fork SCTM#1000-31-6-17.2 Vote of the Board: Ayes: Members Goehringer, Dantes, Horning, Schneider. Nay: Member Weisman(Chairperson) This Resolution was duly adopted(4-1). C� Leslie Kanes Weisman, Chairperson Approved for filing // //,"Z /2013 • SURVEY OF DESCRIBED PROPERTY _I SITUATED AT EAST MARION, TOWN OF SOUTHOLD I SUFFOLK COUNTY, NEW YORK , . IN gOAD AREA = 60,843 SQ.OFT./1.47 .2 MAACRES / GUARANTEES OR CERIMSHOWN:UJO 5 ARE NOT LOCA FR S.A NYAET AROUW)GUARANTEED UFRJIWS FA42fTSE NOT SHOWN NO u1ILTYHER POLE LOCATORS.ARE NOT TO ME PR DIE FFRSET DIMENSION PW SHOWN HEREON FROM DIE STRUCTURES ID THE PRGME LYES ARE FOR SPECIFIC S, RETAINING .4tl USE RlOOLSRE ARE NOT I MENDED in GAME THE EMMONY OF FENCES, REINNNG WALLS. TRUCTI PATIOS PLANJP,O AREAS ADUIMN 10 BUILDINGS AND OTHER CONSIRUCiILW. THE EORIENLY OF RICHT • I_ .r E OA 1IV, G`-WAYS. N£ILWOS AND/OR EASEMENTS OF RECORD IF ANY. NOT SHOWN D ARE NOT CUMMNIEID LWAOnMMTEO N.TEIMOW OR AMNRIN m TNS SURVEY 5 A MOUTON OF ODI. SECTOR 7200 OF THE NEW YORK STATE EDUCATION la. COPES of INIS SURVEY IPP WIBEARING THE :AND SURVETG•tS SIGNATURE ANO RED INK OR EMBOSSED SEAL SINAL WOO La. 113.15' Par +' NOT BE CONSIDERED A TME V41t COPY N 41'19.p0^ °H BPNIR Ras h y�/,,r_ J CERTIFIED TO: DENISE BURL _ ail- 0��r 11 VIAL �� A LYW COMMONWEALTH LAND TITLE INSURANCE COMPANY NATIONWIDE COURT SERVICES INC. ram, 4' Cdr �-^ SPERRY ASSOCIATES FEDERAL CREDIT UNION Oa 'P 'a a Aserraff RECEIVED '= .. .ASPBALT - 4\ gi DErvEWAY DRIVEWAY ,� nO ...-- JUL.I� O 0 2,.+ ;, 'L6,, 2 0 2013 0 2 SFV. `B e_ FR_ R°1a' " 1 'IA■�� I BOARD OF APPEALS ci A, 27.Exa0' to ,ate.,• FQ COR. lit.C94813 19 2 71 1.• $ 29.9' - -140141/42i N y u � m 218 srr. A. �y., q °i S�Ili■Il it_.0 OVHG y U.P. .�., iNn s'rr. s v • e CSC- 24.7' t+r` e _ ••`11 0 LSN OVMC �_a�III IIIA CONC- I°U x I; o f � p w �*°°F g FINAL MAP rIMraiREVIEWErot BY ZBA sign �, d D°m'e urmNulas°r r or K �v1 SEE DECISN 1p(PTS bo a.°° P DATEDI I _NB l r9,a )� Ca FIIcoR Edra 0.1'd. = ro , - e 3.0.111.Dlf.c°�' L24'�. as = 2. xSOSO 7z' MaN. i1.2 S' "2C N 45'22'90WE 245. _ SHED 3.2'E. 20.2 0 Nm�Fs. to LO 1 1 1/2 5'rt lit M A IA MOM mei a FD. MON. q O� /LoSs. _ inn o:° ry' 59.22' K as ,a.a _ Piaci'1 io(No_ y •�^�� Lc I --�FE.cop., S 48'20'50' a+D1mDIm y ppt �iAri \r' neefiec r, .� r r pp [5� "moi m 'Wer > > . ue Hl. lY.cO�gy. � ( ( d Ei I ` ' u pp 0.28 O Er a (coven) f dt IIS I .h i SIZED V ,,a 3.9 N. >.9 a C0 r4 a +,2 ``1 o Ido ..�., o m � 10 J1#�, Pi ' nPHALr DIBIVEWAY ao o4 o ; COWOOD S>EPS .p EAmi. 1-. ii /-\ w �jy` °' b I 'Vint 1 r ! i c°Nc. I 11 ss.z o Cg , U•-___- OOD �IIIIIIIIIII I i ,�,fT:Rt/Iw-� 4 lLRIGE .. I.�-i-- yIli_I , SRNs. GONG. 1' ss.+' 81.9' ¢P. 0 0 I E.M.g g w 9 IV A o IrS.00Ri. D. 4 .0 N CO nom?. e F°"° PAT T. SECCAFICO S mRelt „W 294.98 CONC. D"" PROFESSIONAL LAND SURVEYOR, P.C. nogg S 1 N9� � .r ° — SUCCESSOR TO — DONALD TASE, LS. �� FE.coR. MICR• �� 1°�' RICHARD WILHELM AND ASSOCIATES NORTHSTAR SURVEYING, P.C. 0.43 ROBERT LOW. Dr # PAUL TGOOD GROUND SURVEYORS P.C.ST, LS. 328A Main Street Hampton Atrium Unit 0-4 Center Moriches, NY 11934 186 W. Montauk Highway Hampton Bays, NY 11946 Phone: (631) 878-0120 Phone: (631) 728-5330 Fax: (631) 878-7190 Fax: (631) 728-6707 UPDATE: 04/09/2010 UPDATE: 111(1/2003 0 N.Y.S. LIC. NO. 049287 FILE NO. T6328 SCALE: I " = 30' DATE: 1 /C/ COPYRIGHT — 2010 PAT T. SECCAFlCO P.LS.. P.C. r -, - SS/ Srr —___— - - I I A I ! i I S S LI 8 ?If? '4? & ‘7, El I I r RECEIVE') JUL 262013 BOARD OF APPEALS } 't i lc 4 N 1 —I— i 1 1— ,, co +,_\,, t eS /w _ FINAL MAF \\L za, REVIEWED BY ZB&- I SEE DECISION # ((P7c DATED /i 17 1 l3 Nia_ A 1 -- , -.. - f �( nec i1. c ,',, F ' rte , ilacp1 . ,�90 RECEIVED��,, I�t. ' I 0 Zak L1/4C:ti> SEP. 0\ �( FOR INTERNAL USE ONLY ic \p, CfARD OF APPEALS ,�( SITE P= USE DETERMINATION oft ,r, initial Determination U'; AUG 252013 1:"/ a8 13 I Date Sent: r Date: I as I i3 - - FG, rd Project Name: UE �ine—B CvJu 9 ` -ex_ Project Address: ��--6D p tv, t• . 1 1.--r V • Suffolk County Tax Map No.:1000-_ ._. J•ZZoning District: — Request: (Note: Copy of Building permit Application and supporting documentation as to proposed use or uses should be submitted.) Initial Determination as to whether use is permitted: C la 0,‘ tea• • - - �-�- �1 _ n rrD+ Initial Determination as to whether site plan is required: _ CLC) tb. at-O S _ al. • f Signature of Building Inspector Planning Department(P.D.) Referral: �/. 2 Date of Comment P.D.Date Reeeived:_�___/� �-� A Me (Ol Comments: Tiesx&-- is a)..... 4 Signature of Planning Dept.E aff Reviewer Final Determination Date: I I Decision: • • ,,,,,•,•-.__ MAILING ADDRESS: PLANNING BOARD MEMBERS r�,,,, Wu P.O.Box 1179 DONALD J.WILCENSHI rtrrr�O# Ate Southold, NY 11971 Chair 1 * OFFICE LOCATION: WILLIAM J.CREMERS ; Town Hall Annex PIERCE RAFFERTY G �r�,; 54375 State Route 25 JAMES H.RICH HI MARTIN H.SIDOR ,_Te� A‘ rrr (cor.Main Rd. &Youngs Ave.) (red Southold,NY Telephone: 631 765-1938 Fax:631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 66 RECEIVED MEMORANDUM SEP 1 9 2013 BOARD OF APPE To: Michael J. Verity, Chief Building Inspector ALS From: Donald J. Wilcenski, Chairman 77g Date: September 19, 2013 Re: The Blue Inn Located at 7850 NYS Route 25, East Marion SCTM#1000-31-6-17.2 In response to the Site Plan Use Determination (SPUD), dated September 19, 2013, the Planning Board does not recommend a site plan review solely for the construction of a knee wall on the existing patio. On the issue of the Special Exception restaurant use, the Planning Board, based on the limited information submitted, will defer to the Zoning Board of Appeals as to whether site plan is necessary. cc: Damon Rallis, Building Dept. ZBA vT / • b Pc ,,,�, - MAILING ADDRESS: 1 P NING BOARD MEMBERS �l"1 $ SOU/ - _ P.O. Box 1179 v o ALD J.WILCENSKI �f� al 0 Southold, NY 11971 Pill„lIh Chair ;�� l � i OFFICE LOCATION: WILLIAM J.CREMERS co Town Hall Annex PIERCE RAFFERTY �` �0��,1 54375 State Route 25 JAMES H.RICH III �� ,M ,�I (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR -_�CoUtl l,�`..l Southold, NY Telephone: 631 765-1938 \VI� I Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 4F10•w176 RECEIVED 1 MEMORANDUM AUG 7 2013 BOARD OF APPEALS To: Leslie Weisman, Chairperson, Zoning Board of Appeals Members of the Zoning Board of Appeals From: Donald J. Wilcenski, Chairman Members of the Planning Board Date: August 6, 2013 Re: Request for Comments for The Blue Inn Located at 7850 NYS Route 25, East Marion SCTM#1000-31-6-17.2 ZBA #6675 Thank you for this opportunity to provide comments on the application referenced above. At this time, the Planning Board recommends that the Zoning Board of Appeals require the applicant to request a use determination and a site plan determination from the Building Department. This written documentation will provide the applicant with clear direction regarding the approvals necessary to proceed, and will allow the applicant the opportunity to submit the Zoning Board of Appeals and the Planning Board applications concurrently— a time saver when approvals from both boards are necessary. Please contact the Planning Department with any questions. • • y4 or COUNTY OF SUFFOLK RECEIVED , Jr 44" M ( \ AUG 19 2013 • x`/` . S\ BOARD OFAPPEALS X11' Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Division of Planning Deputy County Executive and Commissioner and Environment August 13, 2013 Town of Southold ZBA 53095 Main Road P.O. Box 1179 Southold,New York 11971 Ms. Leslie K. Weisman, Chair Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Marsilio, Frank 6674 7850 Main Road LLC, d/b/a The Blue Inn at North Fork 6675 Brenner, Steven 6676 William C. Goggins of 13200 Main Road Corp. 6677 Blattner, William 6678 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein TRK:mc Senior Planner H.LEE DENNISON BLDG • 100 VETERANS MEMORIAL HWY,4th Fl • P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■(631)8534191 4111 RECEIVED ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK JUL 2 6 2013 Phone(631)765-1809 (631)765-9064 APPLICATION FOR SPECIAL EXCEPTION ApplicaticN#RD OF APPEALS Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD,NEW YORK: Applicant(s),78.16 ` Luc. of Parcel Location: House No.l$5C� Street ')„(\ Boad. Hamlet -- recxci0 11 Contact phone numbers: t( p - SCTM 1000 Section rat-OODBlock(Slo,bO Lot(s)d:74 Lot Size\4(y>nnZone District KR hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE,ARTICLE also , SECTION t,U C, ,SUBSECTION A- for the following uses and purposes: .f)0 Q as shown on the attached survey/site plan drawn to scale. Site Plan review [ I IS or [ ] IS NOT required. A. Statement of OwnershipandInterest: SI:Mite\ --111.. (_p1gCj5 is(are) the owner(s)of property known and referred to as MC l?>\Ut- (1(\ 0.A- kCc •ClL— (House No., Street, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section 33\ CO Block 0(rQ7) , Lot 7. ,and shown on the attached deed. ;^� r�3\ The above-described property was acquired by the owner on q Iabt N B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefore in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: "� C. The property which is subject of this application is zo •. j�V ••, t A-land[ ] is consistent with the use(s)described in the CO(attach copy),or [ ] is . ith the CO being furnished herewith for the following reason(s): ' [ ] is vacant land. COUNTY OF SUFFOLK) ss.: STATE OF NEW YORK) ignature) Sworn to before me this a day of M. ,20 [3 . NANCY 5 BARTOW (Notary Public Notary Public -State of New York NO. 018/4E246841 Qualified in Suffolk ouni My Commission Expires _t C S- (.9e,o7C RECEIVED ZONING BOARD OF APPEALS JUL 2 6 2013 TOWN OF SOUTHOLD,NEW YORK Phone(631)765-1809 (631)765-9064 APPLICATION FOR SPECIAL EXCEPTION BOARD OF APPEALS Application No. Date Filed: "1 , a co\ \3 Page 2 General Standards, please answer the following as it pertains to your project: A. The use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts BECAUSE: \ ° ' CLvVd, juvastAruak,c0 o.,vcl ,z-o, B. The use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the requested use is located or of permitted or legally established uses in adjacent use districts BECAUSE: ilDG`a • i t re.-6 C — [Q.5v Ck rd > nol C. The safety, the health, the welfare, the comfort, the convenience or the order of the town will not be adversely affected by the proposed use and its location BECAUSE: C o-vzs> L SA Nv=-F a %Q - D. The use will be in harmony with and promote the general purposes and intent of Chapter 280-142 BECAUSE *p 7�CNt-'v „ E. The use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance BECAUSE: 'x)a c r n.. (l o vc � rOA. ur�9 9 ne-A U .a s2 b-Orn AV\-R QNB F. All proposed structures, equipment, and material shall be readily accessible for fire and\� police protection BECAUSE: � w- 4 as l� JJ rlo-N �CD x-'et/ &4 G. The proposal shall comply with the requirements of Chapter 236, Stormwater Management BECAUSE: 09.6 cianci � • • 0 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: R 50 I t r Rd. L LG Date Prepared: c-2\ \ AtP"Gl I. For Demolition of Existing Building Areas n l " �5 Please describe areas being removed: ►V ►td- r RECEIVFD I ILL. a : II. New Construction Areas (New Dwelling or New Additions/Extensions): BOARD Dimensions of first floor extension: Ot= hr fr,.AL S Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height(above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary)- Please describe building areas: nn Number of Floors and General Characteristics BEFORE Alterations: ...1�}`nsk\1 k e('c14, 31 arr 1zicc;eC acou.nd ouicstde 9C1L`1-10 , LO W\ Q CaatS uoi tato mm 4np nP tact ec tb -1-fl9 C11.nUns riknecin - Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by building area: V. Purpose of New Construction: t to psy tkosa t-1ne- M o Voc the. p� l"t� t�.VOK�l(N% taCG1cient- r 4 t-°Li(� c A\'i"is t)( ' (h�;c� c1 - a ' - _ . to a e 4 �._ A. . ' -• t it • (\t dCLOfl. VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): rrli;;r\ Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 • QUESTIONNAIRE " RECEIVED '"'i FOR FILING WITH YOUR ZBA APPLICATION !JUL 2 6 2n+2 A. Is the subject premises listed on the real estate market for sale? Yes x No BOARD ; APPEALS B. Are there any proposals to change or alter land contours? J No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? 2.)Are those areas shown on the survey submitted with this application? ( ,)0 3.) Is the property bulk headed between the wetlands area and the upland building area? IvO 4.)If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? (vf Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? MO E. Are there any patios,concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? k10 Please show area of the structures on a diagram if any exist or state none on the above line. • F. Do you have any construction taking place at this time concerning your premises? N6 If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: (I Please attach all pre-certificates of occupancy and ce ificates of occupancy for the subject premises. If any are racking, please apply to the Building Department o either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? (\,),C) If yes, please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel -0k-e_\ I \esimucb.ltc and the proposed use MO CA-,a cs . (ex:existing single family,proposed:same with gar:.. I sa /3 . , Aut d sig Ve and Date / • • v0 Wrb C RECEIVED t- AGRICULTURAL DATA STATEMENT 'JUL. 2 62013 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD BOARD OF APPEALS WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit,site plan approval, nse variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural district AU applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with sections 239- m and 239-n of the General Municipal Law. 1)Name of Applicant: -1 S-56 ennZ,n R(30A LLC 2)Address of Applicant: 1$5d (`fli r\ O.C.Nd. Eft i c'n IA . 11`1 3 9 3)Name of Land Owner(if other than applicant) : "1$5p MG1 n Roar-1 LLC 4)Address of Land Owner. _(pR 3 ;GA'n S Cour--C 1 Neons:ern: d &`( ' '5O 5)Description of Proposed Project: pet. Cerka 1h PA . 6)Location of Property(road and tax map number):i$6n ma} n RenA ; ()al.b( DLO.Co 0(-0'6C) 7)Is the parcel within an agricultural iiiro y Yes If yes,Agricultural District Number 8)Is this parcel actively farmed? Filo DYes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address 1, 1- Ckn Se.Qros14 c2I. 1 4Cypb.nt Read. ,easi(Y1ac-;on N.Y . itRZ9 2. 6t.,ls,n I�azrrl�au.m 1oo.6Cecnlltr,.f , FoC4s-r \A.,1\s toy I13)S- 3. St_t -,1\. Cinun-k1 Wake.0 AtIA-Nnnc',i-V 466n Suneis� F1wq (kill\-e Ny. 4: 111 VI-Ono 5. . 6. (Please use back side : ge if 'i.re than six property owners are identified.) The lot num.- ./y�',F . .b ed,in. .vane, when requested from the Office of the Planning Board at 765- 1938orthe Zoy,yr ',o-.d ,..p •.sat765-1809. s A._ I, a , 13 sign 70 .plicant Date Note: 1.The local board will Solicit comments froth the owners of land identified above in order to consider the effect of the proposed action on their farm operation Solicitation will be made by supplying a copy of this statement 2.Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. The clerk to the local board is responsible for sending copies of the completed Agricultural Data Statement to the property owners identified above.The cost for mailing shall be paid by the applicant at the time the application is submitted for review.Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 • /RECEIVED Lb tows JUL 2 6 2013 PROJECT ID NUMBER 617.20 APPENDIX C BOARD OF A9 ALS STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART I-PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1.APPLICANT 1 SPONSOR 2.PROJECT NAME 1 -aci (Yla'InRcna t-C- PNe \cAutcbst\ 3.PROJECT LOCATION: Municipality SenV11Thn\r Touj!�1 County (� \Y.-1 4.PRECISE LOCATION: Street Adders and Road Intersections. Prominent landmarks etc -or pnrvTde map SSS) ma'tn Q)Cca enaG;on Ny. \\q 39 S.IS PROPOSED ACTION: El New OEupansion 'Madpication/alteration 6.DESCRIBE PROJECT BRIEFLY: p . o 13L-X; u a 3 Y a wa�.1 acbusyj coscto Loc' s 'e+ `r'r a, To ecec A 0. 1-cchppeCos ne} pri ray a (1-3"'"° to W�tr� I r - k 3 . T'a e.Per's as, teenpab'acy P\cis G mct ec cob' Ec "WC k of Oaw Yhic�huj'CScsScS. 0 :n• . To Q �t ct{s'�e cs test s to cone. e* c--e3Acxucn ct. 6 . "0, 01/4\\o cS(WA\c evenS coc-ou*s,ae c gists, (.)S' �9 p m 7.AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8.WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? f J I Yes 64 No If no,describe briefly: See le c*ec c c et " tzAh cpullc\-\°\`1:74:Xic 9.%4f AT IS PRESENT LAND USE I VICINITY OF PROJECT? (Choose as many as apply) �IYrW/Residential D Industrial Commercial 11l 1Aaricrilture Paik I Forest/Open Space 0Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal. Stets or Local) Eyes J-No If yes, list.agency name end penial approval: 11. r 6 S ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID-PERMIT OR APPROVAL? r4 Yes ONo It yes, pat agency name and permit/ approval: Su. v\Vcacd off' hcVAT\ .- t_ai+e>—cx6'.ecrnenrt W +h oc SouWo\c1 A I,je JLT OF PROP.- r ACTT JON WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? es (_3(yp I CERTIFY HA E 4jj/ cB5cj,mo ' PROVIDED ABOVE IS TRUE1� TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor ams ,\ n 1ZOctot t- LG �7✓" infer a--a/> fee Ile, j If the a, "'A a Costal Area,and you are a state agency, complete the Co 1'rI Assessment Form before proceeding with this assessment PART II- IMPACT ASSESSMENT(To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617.47 If yes,coordinate the review process and use the FULL EAF. 0 Yes pro B. WILL ACTION'RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,-PART 617.6? If No,a negative declaration may be superseded by another Involved agency. El Yes fA^,-I/ .', C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,if legible) Cl, Existing air quality, groundwaterce or quality or quantity,noise levels,existing traffic pattern.solid Waste pnwucson or disposal, potentim for a drabness or flooding problems? Explainbriefly: NO Cl Aesthetic,agrlealtural,archaeological,historic,or other natural ora tit ai resources:or=an tstky or nelghbodnopd character?Explain baefiy; C3. qr teuna,trash,0107K100 a ANSI;Peck's,significant habitats,of threatened or endangered species/&plain briefly. 100 C4.A111f oonsauNiyk Molina Piens or alsas oMcletly sdapied,ore change in use or intensity Mute it lender ether natural recourses?Explain Melly: nt CS. Giowth,subsequent development or related divides gkely to be Inducted the I byProposed acbon7 Explain bdefty _ _.. . .. MC) Ca. Long terns,short tens,cu short oMar effects not identified in C,-CS? Exple n briefly: _ ... .. .. & C) C7. Omer Impacts.(including g changes in use of either quantity or type of energy? Weer Wee - .. . D WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL Ehp/IRONMENOL AREA ? a - - ,.:In brie : El Yes (lgC`II No E. to THERE,OR 16 THERE LIKELY TO SE,CONTROVERSY/MATED TO POTENTIAL AOYERSE ENVIRONMENTAL'IMPACTS? N yes explain: Q Yes [IANoI PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) . INSTRUCTIONS: Foreachadverseefect identified above,detmninewhether kis substantial.large,important or Aha wisesignifcant Each effect Stradd be assessed In connection with Its(a)selling(i.e.urban or runt):(b)Wakabekyof:occurring:(o)duration:(d)krevessibiity:(e) gacpraphic Eeope:and(f)magnitude. If necessary,add attachments or ratereru e/supporting matelaki. Ensure that explanations contain suficientdetail lo show that all relevant adverse impede have been identified and adequatelyaddressed. Ifqu esget d of part ivies checked yes,the detsrn*raIkmofsignirrcencemust evaluate the pdandempattoftheprgpossdaic6pn oaths enviromnental dsractedsgcscite CEP,. Checkhes If have Identified one or more potentially large orabdpmrdadverseimpacts which-MAY door.ThenpreceedOrectlyto the FULL EAFr prepare a posithe declaration. Check this box[(you have determined,based on the information and analysis above and any suppodhg documentation,that the proposed eceer WILL NOT result in any significant adverse environmental impacts AND provide,on Madinat*as:necessary,the reasons suppodkrg this detannlnadon. Name of Lead Agency Date Print or Type Name df Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer In Lead Agency Signature of Preparer(if different from responsible officer) • APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.Thepurpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. - YOUR NAME: C_ \ass `ne ue1 Z (Last name,first nam4,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat -Mooring Exemption from plat or official map Planning Other (If"Other",name the activity.) Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest."Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO �( If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicanUagentrepresentative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. • The town officer or employee or his or her spouse,sibling,parent,or child is(check all tha pply): n A)the owner ofarca F:r. (j2(OI�J greater than 5%of the shares of the corporate stock of the applies (when the applicant is a corporation); (� B)the legal or beneficial owner of any interest in anon-corporate entity(when the "'IJ�. 2 6 ?f)t j applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or 80 D)the actual applicant. APpr A R[� t)t Az DESCRIPTION OF RELATIONSHIP • Submitted this v/ .ay 4f 4_ 20(1 3 Signature All /14/ Print Name % j gq.. ' 4 •` Form TS AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. I� YOUR NAME • /�/�_ C \P � l , 11 1o1/4--N F+ (Last name,first name,middle initial,unless you are applyingfin the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone ✓ Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest.`Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If you answered "YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or RECEIVED /_/ D)the actual applicant y U/(Ot JUL 2 6 2013 DESCRIPTION OF RELATIONSHIP N i ./1 BOARD OF APPEALS Submitted this day of ,20f Signature Print Name Mcsicl (-6C� eS\ g 631 397& ?27 „ _ ”'f • • Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) I S el eA \.0,ss residing at GD OS N);t^ihol5 Ci-. 1�e-1Y1 e� 1, (i,m 115 (Print property owner's name) (Mailing Address) }emPSt 0. 1155Ddo hereby authorize mn.-.1 d \e-� (Agent) Q,3, ail -0,299 9 to apply for variance(s) on my behalf from the Southold Zo g % sard .f Appeals. _,:d1 . ger IAwner's Signature) (Print Owner's Name) ,ail b r RECEIVED JUL.26 2013 BOARD OF APPEALS • • Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and-adverse-ffec strpon-heeoastal-area-(whieh-inc-ludes-alhof Southold-Town), 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office,the Planning Department, all local libraries and the Town Clerk's office. 1 B. DESCRIPTION OF SITE AND PROPOSED ACTION RECEIIiFI; juc sCTM# 3 t - (o - �� BOAC , The Application has been submitted to(check appropriate response): Town Board Planning Dept. ❑ Building Dept. ❑ Board of Trustees ❑ 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital ❑ construction,planning activity, agency regulation, land transaction) ❑ (b) Financial assistance(e.g. grant, loan, subsidy) (c) Permit, approval, license,certification: ❑ Nature and extent of action: Location of action:Ig'rjQ C Q\f Ren Epi mossn, lo.\(. 1 tq s / Site acreage: lke.`c5 Present land use: \\('7\-eA 1 ('a\Cat\ Present zoning classification: 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: S(xenu e 1 i-, (kc1.SS (b) Mailing address: ( g 3O mat; {\ RQ' t QST�(1Qc c\ Nsi - \ \Cj R (c) Telephone number: Area Code ( (p - (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes No If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. Yes ❑ No ❑ Not Applicable ipteol✓ RECEIVED JUL 26 201 f BDARD OF APPEALS Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria 0 Yes 0 No ❑ Not Applicable -!aP0..•6114': 1`601 4,.., - ,,,3,,,„,.. . .,;.,., I.,4L,..,3,4110 ...,r, A!! 'a1 .v. it tj. • IfY ,. � • .7 g. $11 ..._,, , irl 0._ , .-,'A ., 11 .i, ....: ,,,. -- ''t • h •.A , , .. .. . .. ...„.„....,,,A.......„.„ . . . . • .. . ` , • • • / • „....__ ,.__„_____. ,,_: , ,., w: mo •J \:1 RECEIVED I, fesII JUL 2 6 2013 .. .., lg :. B r ya.. OARD OFAPPEALS V ry 1 . Q . N 0l k •f ,,) ;' •1 Ft 45 1_ . 0: ' • 1 _ a . . . , / 1I r” • .. ',tl �� - 1 ,, f,,,,„,7„.,.,,,;,, ,„ _.. ..... rt .,•iiii •,..,,,„ ......: _—� minim.... :+_ 1 II I i- 1 !Ili! ..... : 1 YR: 1›,, ":1,;-:.'....:S/4'2:".....:1'''' ' ` tAy . • RECEIVE r6Z03 JUL 2 6 2013 BOARD OF APPEALS AGREEMENT THIS AGREEMENT,made and entered into as of the a(S4—day of July, 2011,by and between 7850 Main Road, LLC, a New York limited liability company with a principal address at do Samuel Glass,62 Nichols Court, Suite 302,Hempstead,New York 11550(hereinafter referred to as"Owner"),and the Town of Southold,a municipal corporation of the State of New York, with a principal address at 53095 Main Road, P.O. Box 1179, Southold,New York 11971 (hereinafter referred to as"Town"). WITNESSETH: WHEREAS, Owner is the owner of the property located at 7850 Main road,East Marion, New York and its improvements (hereinafter referred to as"Property"); and WHEREAS,Owner wishes to continue the operation of a motel and accessory restaurant • as a pre-existing non-conforming use on the property; and WHEREAS, Owner has an application pending before the New York State Liquor Authority to serve alcohol at the restaurant and the Town has submitted a letter of objection to • said application; and WHEREAS,the Owner and the Town desire to identify and agree to the parameters of the pre-existing nonconforming use of the property so that the property maintains its status as such and that the health, safety and welfare of the Town is preserved in accordance with the terms and provisions hereof. NOW,THEREFORE, for and in consideration of the mutual promises and covenants herein contained,and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties hereto agree as follows: 1. Owner agrees to operate the property in the following manner,in keeping with the pre-existing use of the property and to protect the health,safety and welfare of the surrounding community: a. Alcohol will not be served at the licensed premises after 11 pm. b. No music,live or otherwise,will be permitted outdoors at the licensed premises after 9 pm. c. The noise level of the restaurant will not be heard outside the interior of the restaurant. d. The exterior awning of the restaurant will not be enclosed and all four sides will remain open. e. The restaurant will continue to function as an accessory to the motel use. 2. In the event that Owner is notified of any violation of the conditions set forth in paragraph 1(a)—(e)above, Owner will take immediate steps to cure said violation. In the event that a violation(s)of paragraphs 1(a)-(e)are not immediately cured or,in the event of a subsequent or continuous violation, Owner agrees to forego its right to serve alcohol or play music at the licensed premises. Owner agrees that an uncured violation of this agreement shall constitute irreparable harm to the Town sufficient to warrant the imposition of provisional relief by a court of competent jurisdiction. 3. The Town shall withdraw its objection to the Owner's application for a liquor license, however the Town reserves the right to renew said objections upon application by Owner for a renewal of its liquor license in the event of a violation of this agreement. 4. The Owner shall file a copy of its liquor license upon receipt with the Town • Attorneys' office. 5. This agreement shall remain in effect so long as the owner maintains a liquor license issued by the New York State Liquor Authority. All notices,demands and other communications required or permitted to be given hereunder(a"Notice") shall be in writing and shall be deemed to have been properly given if delivered by hand,by a recognized overnight carrier with receipt of delivery,or by certified mail, return receipt requested,with postage prepaid, addressed as follows: rr- IF TO OWNER: 7850 Main Road, LLC RECEIVED do Samuel Glass 62 Nichols Court JUL 2 6 2613 3 Suite 302 Hempstead,New York 11550 ` : ?D OF APPEALS IF TO TOWN: Martin D. Finnegan,Town Attorney Town Attorneys Office 53095 Main Road P.O. Box 1179 Southold,New York 11971 Any party may,by written notice given in accordance with this paragraph,designate a different address for Notices. A Notice shall be deemed given on the date that same is delivered if by hand or by overnight courier,or three days after same is sent by certified mail,return receipt requested. 6. In the event of the institution of an action or proceeding for any legal or equitable remedy relating to this Agreement,or for the enforcement of any of the terms, covenants and conditions herein,the prevailing party shall be entitled to recover its reasonable attorneys'fees, in addition to all other costs,disbursements,and �. allowances provided by law. 2 7. The provisions of this agreement shall not supersede the provisions of the Town Code and shall not be asserted as a waiver of the Towns right to enforce any current or subsequently enacted local law that may be applicable to the premises. 8. This Agreement may be executed in several counterparts,each of which shall be deemed an original and all of which counterparts together shall constitute one and the same instrument. A facsimile copy of any party's signature to this Agreement shall be binding upon that party and shall be deemed an original . all purposes. IN WITNESS WHEREOF, the parties hereto ha set - . . s as of the day and year first above written. OWNER: 7850( ain R. By: Samuel Glass,Member TOWN: Town of Southold By: 4 Scott A.Russe 1 , Supervisor 7 ia • RECEIVED 'JUL. 2 6 7013 BOARD OF APPEA: 9 3 RECEIVED 1111111101111111 11111011111fillinni JUL 2 6 2013 IIIIIII11111111IIIIIIII BOARD OF APPEpLS SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 02/23/2011 Number of Pages: 4 At: 12:53:51 PM Receipt Number : 11-0020529 TRANSFER TAX NUMBER: 10-15033 LIBER: D00012652 PAGE: 076 District: Section: Block: Lot: 1000 031.00 06.00 017.002 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $2,020,000.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $20.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA-STATE $250.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $0.00 NO RPT $30.00 NO Transfer tax $8,080.00 NO Comm.Pres $37,400.00 NO Fees Paid $45,830.00 TRANSFER TAX NUMBER: 10-15033 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County ED Number of pages y p.ECE • �UL26 2013 This document will be public - record.Please remove all �v (*) APPEALS 1 _'+:. Social Security Numbers " ' prior to recording. SOP �Ts 15-1`U.3.` Deed/Mortgage Instrument Deed/Mortgage Tax Stamp cording/Filing Stamps 3 111.1.1111111.1.1.11.120 SIM el,1 Page/Filing Fee - Mortgage Amt. — Handling 20. 00 - 1.Basic Tax _ TP-584 )' 2. Additional Tax Sub Total Notation . Spec/Assit. EA-5217(County) or Sub Total EA-5217(State) Spec./Add. TOT,MTG.TAX — R.P.T.S A. U r,,,,; Dual Town Dual County _ Held for A7pointmen ,n Comm.of Ed. 5. 00 4 LiI x Transf Affidavit • rel ` 'a PY - .. - The property covered by this mortgage is Certified Co — or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total Other 3 ) v n , YES or NO Grand Total If NO, see appropriate tax clause on (y I ^ page n__of this Instrument.) 7 4 Dista 11003991 loon 03100 0600 017002 InL 5 Community preservation Fund Real Property RPT A - Tax Service IT-FEB-1 Considerate• • .,ount$ )'C,}Uf t)•3Y f Verification \ CPP Tax[Zue .��1 v Agency {/ 3-) �l O, 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address Improved 1./ RECORD&RETURN TO: �� VG Amiss-yVacant Land ,\_'\ �' est TD ID 6'AZ /moi.4+104 at/Ai-Svi 4- 3°i TD Ile tyflee a /y-/ /inn' TD Mail to:Judith A. Pascale, Suffolk County Clerk 7I. 310 Center Drive, Riverhead, NY 11901 Title Company Information www.suffolkcountyny.gov/clerk 11 co.Name U.t.�, ��Xt C��G. Titles -r4 b.ry B Suffolk County Recordin & Endorsement Page This page forms part of the attached °; by made ��,/s/ (SPECIFY TYPE OF INSTRUMENT) 4oC, The premises herein is situated In ai-eA/GIit/ (52'.4 74 alge. •- SUFFOLK COUNTY,NEW YORK ,,�� // lest /�,//y,�� TO In the TOWN of .56 vEAo/d / h eI O,4d' /I-L In the VILLAGE or HAMLET of 4,442.*0;" BOXES 6 THROB MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) • • ;#13-19 J-7,-- THIS INDENTURE,made the 3m day of February,2011 \•ti asoma BETWEEN Sperry Federal Credit Union,with a place of business at 2400 Jericho Turnpike,New Hyde Park,New York, 11040 party of the first part,and 7850 Main Road LLC with offices at 62 Nichols Court,Suite 302,Hempstead,New York 11550 party of the second part; WITNESSETH,that the party of the first part,in consideration of Ten Dollars and No Cents ($10.00),lawful money of the United States,paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever; ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected, situate,lying and being at 7850 Main Road,East Marion,County of Suffolk, State of New York,more particularly described in Schedule A attached: TOGETHER with the appurtenances and all the estate and 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 part,the heirs or successors and assigns of the party of the second part forever. SAID premises also known as 7850 Main Road,East Marion, New York 11939. THE premises being and intended to be the same premises as conveyed to the grantors herein by deed dated January 23,2009 and recorded in the Office of the Suffolk County Clerk on February 3,2011, in Liber ,Page AND the party of the first part,covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the 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 consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. DISTRICT: 1000 SECTION:031.00 • BLOCK: 0 6.00 i(� 4-7:03— OI7,00� RECEIVED 282013 BOARDJUL OF APPEALS First('trican Title Insurance Company of New it SCHEDULE A DESCRIPTION OF PREMISES ALL that certain plot piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and being in East Marion,Town of Southold, County of Suffolk and State of New York,known and described as follows: BEGINNING at a point where the Northwest corner of premises about to be described herein and the Northeast corner of land now or formerly of Peterson intersects the southerly side of Main Road; RUNNING THENCE along the southerly side of Main Road North 41 degrees 19 minutes 00 seconds East 113.15 feet to land now or formerly of A.G.Doyle; "THENCE along land now or formerly of A.G.Doyle South 40 degrees 24 minutes 30 seconds East 162.0 feet to a point; THENCE North 45 degrees 22 minutes 30 seconds East 245.72 feet to the center line of a private road known as"Orchard Lane"; THENCE along said center line South 39 degrees 06 minutes 00 seconds East 148.83 feet to land now or formerly of G.Arnold; THENCE along land now or formerly of G.Arnold South 45 degrees 49 minutes 00 seconds West 294.98 feet to land now or formerly of Brown; THENCE along land now or formerly of Brown the following two courses and distances: I) North 39 degrees 18 minutes 50 seconds West 146.73 feet; 2) South 46 degrees 20 minutes 50 seconds West 59.22 feet to land now or formerly of Peterson THENCE along land now or formerly of Peterson,North 41 degrees 30 minutes 40 seconds West, 152.50 feet to the southerly side of Main Road and the point or place of BEGINNING. TOGETHER with and subject to a right of way known as Old Orchard Road along the easterly side of premises as contained in Liber 2791 Page 465. The policy to be issued under this report will insure the title to such building and improvements erected on the premises which by law constitute real property. FOR CONVEYANCING ONLY: TOGETHER with all right,title and interest of the party of the first part,of,iv and to the land lying in the street in front of and adjoining said premises. DESCRIPTION 7 "641 RECEIVED JUL. 2 6 2013 • • BOARD OF APPEALS 4111 The word"party'shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the fust part has duly executed this deed the day and year first above written. �r ors Cammarata, eneral Counsel Sperry Federal Credit Union IN PRESENCE OF: STATE OF NEW YORK )ss.: COUNTY OF NASSAU On the 3"1 day of February,2011,before me,the undersigned,personally appeared James Cammarata, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity,and that by his signature on the instrument the individual,executed the instrument. Notary Public YONIT ROSE NOTARY PUBLIC Slate of taw York No.01R66022524 Quaked hi Nassau County 'p13 Cornmleion Expires August 13, DEED District 1000 Title No.JM25045 SectionQ31.00 Block G 6.00 Sperry Federal Credit Union Lot euVIST 017.00'D, To County or Town East Marion 7850 Main Road LLC Street Address 7830 Main Road Return By Mail To: Samuel I.Glass,Esq. 62 Nichols Court,Suite 302 Hempstead,NY 11550 / RE JUL2620131,00-5 • CEIVED BOARD OF APPEALS SUPERVISOR'S OFFICE TOWN CLERK'S OFFICE lb South Street Main Street Greenport, N. Y. BUILDING DEPARTMENT Soutold, N. Y. Tel. Greenport 7-0550 Tel. Southold 5-3783 TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. /i( RECEIVED BUILDING INSPECTOR'S OFFICE . e CERTIFICATE OF OCCUPANCY JUL 2 6 2013 a,.at�eee' 1.lc s.J.see ECe.$ Southold, N.Y. (WAIN DWELLING) BOARD OF APPEALS No. nit Date October 37 1959__ THIS CERTIFIES that the building located at Sift Loin soak, ?deet of poetry Po+o+ Ra-d Street, Map No. XM , Block No. sssi , Lot No. 3a East Karina, r Y— in the Town of Southold, conforms substantially to the approved plans and specifications heretofore filed in this office with Application for Building Permit dated Sapt--)tsr23 19 _, pursuant to which Building Permit No. 191 , dated rat n 1959—, was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is Multiple residence. Three apartments 4 4 roots for tourists This certificate is issued to Athan afna Spinthysstrakia (owner) (owner, lessee or tenant) of the aforesaid building. Building Inspector (The Certificate of Occupancy will be issued only after the Building Inspector is convinced of the completion of the construction in compliance with the Multiple Residence Law and with other laws, ordinances or regulations effecting the premises, and in conformity with The approved glens and specifications.) • • SUPERVISOR'S OFFICE TOWN CLERK'S OFFICE Ib South Street Main Street Greenport, N. Y. BUILDING DEPARTMENT Southold, N. Y. Tel. Greenport 7-0550 Tel. Southold 53783 TOWN OF SOUTHOLD y SUFFOLK COUNTY, N. Y. �((j 1 RECEIVED RIMMING INSPECTOR'S OFFICE • U11 , 11111) : , CERTIFICATE OF OCCUPANCY JUL 2 6 2013 Y anl , 1 .1,051ee Southold, R.Y. (Accessory Building) BOARD OF APPEALS No. 149 Date October 27 19 59 THIS CERTIFIES that the building located at s/8 Vain Rend, Fant of Reeky Point Rood Street, Map No. XXX , Block No. XXXI Jot No. XXX East Marion, R.Y. in the Town of Southold, conforms substantially to the approved plans and specifications heretofore filed in this office with Application for Building Permit dated May 9 919—, pursuant to which Building Permit No. 112 _, dated Auguat 17 1959_, was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is Accessory building. Recreation roost let floor, storage on 2nd floor This certificate is issued to Athanasios Spinthourakis (owner) (owner, lessee or tenant) of the aforesaid building. Building Inspector / (The Certificate of Occupancy will be issued only after the Building Inspector is convinced of the completion of the construction in compliance with the Multiple Residence Law and with other laws, ordinances or regulations affecting the premises, and in conformity with the approved plans end specifications.) • • SUPERVISOR'S OFFICE TOWN CLERK'S OFFICE IS Sour- Street v BUILDING DEPARTMENT Southold, N.Street Greenport, N. Y. Tel. Greenparf 14860 Tel. Southold 8-3783 TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. BUILDING INSPECTOR'S OFFICE 10 unit motel build! B' •e i •• CERTIFICATE OF OCC lIcY/ Ta , r a a e 1,r••- RECEIVED JUL 2 6 2013 No. 167 BOARD OF APPEASte 116 I9 G — THIS CERTIFIES that the building located at R/S% Main Rona Street, Map No. uY , Block No. rev , Lot No. = Rat Marine N. Y.. in the Town of Southold, conforms substantially to the approved plans and specifications heretofore filed in this office with Application for Building Permit dated PPb_ 23 I9 pursuant to which Building Permit No.163 , dated Fah 03 19 65, was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is Mnitip ' rasidenna (Motel Unita) This certificate is issued to Athanaai a A. Nal an Sptnthnirraki a fhanarst Towner, basee or tenant) of the aforesaid building. H.D.Approval By R. Villa Building Inspector )The Certificate of Occupancy will be issued only after the Building Inspector is convinced of the completion of the construction in compliance with the Multiple Residence Law and with other laws, ordinances or regulations affecting the premises, and In conformity with the approved plans and specifications.) • • • SUPERVISOR'S OFFICE TOWN CLERK'S OFFICE I6 South Street Main Street Greenport, N. Y. BUILDING DEPARTMENT Southold, N. Y. Tel. Greenport 7-0550 Tel. Southold 53763 TOWN OF SOUTHOLD RECEIVED , SUFFOLK COUNTY, N. Y. JUL 2 6 2013 Low t\-/ BUILDING I'NSPECTOR'S OFFICE BOARD OF APPEALS 3. II.. CERTIFICATE OF OCCUPANCY FS( t`.tt11 *40e e 10 units 2nd floor of motel building No. M.R.17` Date June 6 19_n$... THIS CERTIFIES that the building located at 78$0 S/8 Main Road Street, Map No. 7MA , Block No. X , Lot Nom Bast Marion, Nan in the Town of Southold, conforms substantially to the approved plans and specifications heretofore filed in this office with Application for Building Permit dated Sept 6 19h7.,, pursuant to which Building Permit No.RFL 17 , dated Sept h 19 fa was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is Transient - multiple residence- Motel units This certificate is issued to Athanosis Spinthourakis Owner (owner, lessee or tenant) of the aforesaid building. Building Inspector (The Certificate of Occupancy will be issued only after the Building Inspector is convinced of the completion of the construction in compliance with the Multiple Residence Law end with other laws, ordinances or regulations affecting the premises, and in conformity with the approved plans and specifications.) FORM NO. R /^I.'�� TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. JUL 2 6 2013 BOARD OF APPEALS BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N° 4505 Z Date October 14 1909. . Permission is hereby granted to: .. 8 1/ 0Tt}4k41 Maraca to at premises located at $A 11/21,1>a..>ialt4 last..Msrion N J� pursuant to application dated Ott Al , 19...69, and approved by the Building Inspector. Fee $.5.40 /1461/4.n9ftsBuing Inspector • FORM NO • . 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT 1 &6075 Town Clerk's Office Southold, N. Y. RECEIVED JUL. 2 6 2013 Certificate Of Occupancy BOARD OF APPEALS No, Z4319 Date Aug 9 , 1921 . THIS CERTIFIES that the building located at .8/8. Main Read Street Map No. . x . . . X . . . . Block No. . . . fl. . . .Lot No. .1P4X East filen NJ. conforms substantially to the Application for Building Permit heretofore filed in this office dated pet. . 14 . , 1909 . pursuant to which Building Permit No. . . 4.5058 dated Oct . . . •1h . . ., 1969., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is recreation .building. with .addition. (. no.apts. or .liyint.11ults. allowed) The certificate is issued to . Athanasis. Spintheuraksis. . . .Owner (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval . . .N.A. House # 7850 iAik, , , r : . . . .f Building Inspector 411 • FORM NO. 4 RECEIVED TOWN OF SOUTHOLD DEPARTMENT "C0 BUILDING DEPARTMENT JUL �./'� Office of the Building Inspector 2 6 2013 Town Hall Southold, N.Y. BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No Z-19489 Date NOVEMBER 7, 1990 THIS CERTIFIES that the building ACCESSORY Location of Property 7850 MAIN ROAD EAST MARION, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 31 Block 6 Lot 17.2 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated APRIL 6,1987 pursuant to which Building Permit No. 15878-Z dated APRIL 6, 1987 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 ACCESSORY GARAGE AS APPLIED FOR. The certificate is issued to ATHANASIOS & HELEN SPINTHOURAKIS (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N-141019 - JULY 18, 1990 PLUMBERS CERTIFICATION DATED N/A ,CAr �J NAV g Inspector Rev. 1/81 • FORM NO. 4 • 1)9(PlO RECEIVED TOWN OF SOUTHOLD BUILDING DEPARTMENT JUL. 2 6 2013 Office of the Building Inspector Town Hall Southold, N.Y. BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No: Z-30490 Date: 10/08/04 THIS CERTIFIES that the building ACCESSORY Location of Property: 7850 MAIN RD EAST MARION (HOUSE NO.) (STREET) (HAMLET) County Tax Map NO. 473889 Section 31 Block 6 Lot 17.2 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY 7, 2002 pursuant to which Building Permit No. 28429-Z dated MAY 31, 2002 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 ACCESSORY INGROUND SWIMMING POOL WITH FENCE TO CODE AS APPLIED FOR. The certificate is issued to BRUCE GARRITANO (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. 63869 06/11/02 II PLUMBERS CERTIFICATION DATED N/A Aut rized Si ature Rev. 1/81 FORM NO. 4 • TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT Office of the Building Inspector JUL. 2 6 2013 Town Hall Southold, N.Y. BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No: Z-30409 Date: 10/08/04 THIS CERTIFIES that the building ANSEL SYSTEM Location of Property: 7850 MAIN RD EAST MARION (HOUSE NO.) (STREET) (HAMLET) County Tax Map No- 473889 Section 31 Block 6 Lot 17.2 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY 17, 2002 pursuant to which Building Permit No. 28403-Z dated MAY 20, 2002 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 INSTALL AN ANSEL SYSTEM AS APPLIED FOR- The certificate is issued to BRUCE GARRITANO (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO- 04-5111 07/14/04 PLUMBERS CERTIFICATION DATED N/A Authorized ature Rev. 1/81 • FORM NO. 41111 TOWN OF SOUTHOLD BUILDING DEPARTMENT RECEIVED Office of the Building Inspector Town Hall JUL. 2 6 2013 Southold, N.Y. BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No: Z-30488 Date: 10/08/04 THIS CERTIFIES that the building ALTERATION Location of Property: 7850 MAIN RD EAST MARION (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 31 Block 6 Lot 17.2 Subdivision Filed Map NO. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MARCH 29, 2002 pursuant to which Building Permit No. 28259-Z dated APRIL 10, 2002 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 ALTERATION TO EXISTING BUILDING AS APPLIED FOR. The certificate is issued to BRUCE GARRIT.ANO (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A Aut orized Signature Rev. 1/81 /,- . / _ L _ �7 ., OWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET 7850 VILLAGE DIST. SUB. LOT ' Its -� / yv 0 a � , . . '� . .3 RMER OWNF fPer/4 �. E c ACR. .�,}}r- i e,4 - (( - aYrri _, AD4.\15-1:34144 — ,6ayl41 .39 1 tte-° N/ eaPir OM ✓air, 5 S TYPE OF BUILDING A 4-4 kid Ci L...i-A-ri C?(C-C74er 71 4,,JA"..zietoctito• i2c7,a_ RES. SEAS. VL. id( FARM COMM. CB. MISC. Mkt. Value "c43--q-a4crestr_. •ND IMP. TOTAL DATE REMARKS ( ,G r .,, ..v /7, d.-,, _ l/2 4 2. 1-.; 11 e �, G72, r- � k O 3I I y/‘ ;7, `h-C--a--f- , 1/ - e" :k , 6, 6 0 6 6 6 V //1a1 G 3 139794 - I-_' %Cp94 -Spit,. ;,:,1.n,-) )<r -If, Zi :ina-r`icLac, k; -w,�c ,i=' 6 0Q 4, 700 .arc I v460 /1/90 - Co i rm e,1 -;?__cwt\-,-, )s raev 2e 2500 ZS, leo R,7, (000 II27'Q2_ 574a/9013P /903PCOASfl- hcCcSS. Trice - , Prni 4-Penice -$ao. coo, AGE BUILDING CONDITION S� I �k a7 9;t - r3��o`2t71�5�► •((�ePla.c� /48- �l{ ) - NEW NORMAL BELOW ABOVE # A I J �. / FARM Acre Value Per Value Acre Q/ l , ,��p Q/2,7/(7 __L 7/(` /2)09,2oo2 -SplithoUrakis 4 Earl-, kmo seo;ot, Tiible 1 41)0laa- BP }$- aea5i9 — aiteratio.._ "deo t.,. c. zr2mo 4- Ti1166le 2 / S �I1p , _ iP { a84o3- Ansel sy tctN.. Rev 1,i-eta(2nm4 Tillable 3 (06 1 td() — 6P i$ a84 a9 — SP RECEIVEI' Qev U.r.` �(2ot>1' Woodland /12,3/04-L I265a to l� glib'' i✓ic Swampland JUL 2 6 ?013 FRONTAGE ON WATER V Zc0 '06 ?.�3/1/-�. �2(o5ap 76 �5�Prry �v X850 A�Gl�1 Brushland FRONTAGE ON ROAD r, BOAS (7F APPEALS , JI' ` : o Ea ' y , Z� rt ri. House Plot DEPTH �f t//J Oe#ar g corm repa1r S (?tv N,C cpetk BULKHEAD lJ L? 1 Total DOCK OLD PROPERTY RECORD CAIS TOWN. OF SOUTH /004- 31 - - /3, / OWNER ..ii I STREET t I VILLAGE I DIST. I COUNTY TAX MAP NO. �,;( l/leuLAKA MA," RJ. I ,F,46-7-41ec.i4 ✓ I 2-/3 I �--IJ?sc_ } 6ef eH . l{/6' . 7S0 Rc, LAND IMP. TOTAL DATE REMARKS: 4C;g 7 r / RN/-70 v s7 /coo 0,.2ad 'Veyc 1d 9409 Rpn,,%'/o54A/Z A d el,Vo vC IC /aao, /90° a33o0 �.S2oo v 3I'f (Sl iihika%P,4" 12-010 Sna4Gc i .4, ,----- _ /900 216700 961600 3 :'Tig2 7/'07tR '13y37 a-i4resf. xFaety4/ Ec. gear . H v -1-9Ge6r. i - sp ,4 . , iorrc � , >. ra T!' ;, /,/A7Pf"/.38'>g /--Pej#c 13937 - • CR,Q<`. % - 90/ l T - /n4'/i 1_ -- 316 . 'for A 23act5 / 'o ;, i - >2 / , a .itrssrt yr OWNER STREET VILLAGE 3 DISTRICT SUB. LOT -� , _6..� ° G} V 'l1 a,L,rir, /s Dorsa �r1 ! b: ASIG � SP/NTHouRAKfs ��\ .� �� FORMER OWNER N f \ ACREAGE = 2-4 / J�?a. ; h oaf] — y,k JEyL -S r a .et/14 s , S 0 chNeIdc - was ( TYPE OF BUILD G r`-Li (/ 1 - ,',YI Ie.#esSoN -5C-hi $1deC ;I)/SU , " / RES. SEAS. I VL. FARM -t-- COMM. cis IND. GB. MISC. Ma/S- r 11 LAND IMP. TOTAL DATE REMARKS �► D ter, Ud 0 a �� OQ / irl fee `� vSu S / 1/5fa� 30 A /"?0G /rler. d /G' 7o _Zer e � _Ill/ ?az/ ‘ /gall 6 ty / b 0 / 99ob 40160 r34J7/ _- / / ° iN 7 'i/a€ ., ,LDat_tf ... e /efr ° - = /-3---4Ve a �` M a c � , r k i t JJa Y /ro M��/ F/ y o 0 37c.- v A ° �[ir 'i COi /0 / 9 as z1 coo ' 72 7ea1. 31 z �1/.2 '1/!`j BLD, PER. IOYa/ z RLD._ffl %�on� cc ///o, 000, 9 i NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre I Value Tillable 1 - 'fillable 2 1 Tillable 3 Woodland I ,7( ' Swampland ECEIVED \ ' Brushlar. ..,. +Ian ..— ... tet—al / d'_/ r House Plot 130A ,D OF RPNEALS Total - J 4 RI . =r— , - . , 3..., ..- Dc,:c( .,. 1.:ilital - ci---.„.....-- i tositeis , ..---441- upp,......— ./' ,. ilt 16. 1 sy.714- _ ,,gt .., 1,136,4e, ve • Cr I\ 'It/ 11/11 t •,-. '---i pr. lags 4 rvo,. - 4 i 44, \ -2.-t 1 i 1 ,-resr i 8 f i,he i I(4 —7 - • , .. .44 is, ..... 1 1 - 1 hi - i „As or I c __ cue -1.- -• _ 7 a e..< , -57 V /.! ... 'i44'7 A. Ii ./9 Sr - _ e, / 2- • 42 M. Bldg. II,, /t) y z I „Lam ,,e, -, 1 1 Foundation C ri Bath (.--• ,#. Extension -16 y get 7.:%pi I y qq1,/ ...5:-...-- ei y 70, Basement "i) pg g T- Floors A. • .._ , Extension //,/x-2. r „... 3 F.2... 1,,,I., 2.50 - 1 . coo - Ext. Walls ktt5,j...:_t It Interior Finish ?in—T 74-e * Extension #410,.28 .....: 31 2. alco Fire Place 1 Heat 1.3---4------ ' 773QC., Al-, Al(//- Porch Attic ' 7, 1 2- z. l5C1 fill+/-5-13_ /0 9 q ,sitv't 4 Z.27 Co X13 = -2.g Illic 9a3 00 atm )(33=1/6°1- h Rooms 1st Floor lif Reeshwas / So -Patio Rooms 2nd Floor Y cg 7‘2 /6 8 -iv*t_w. r(ox 2-43 = 4106 , 48,,ste, 1 Gatege 1 10 k 28 r- 44-kt i 24) cla,A1.0 Driveway 4 X LA6 t t I-2- k. so /84 4-1:3 pc cute, ii- ,c rz — ' a 90 / / ) . • r ' . _ — a " male O S UTHOLD PROPERTY RECORD CARD re OWNER * VILLAGE DIST. SUB. LOT STREET _ FORMER OWNER N E ACR. I 5 SS W TYPE OF BUILDING /�Oc RES. SEAS. VL. FARM COMM. CB. MISC. Mkt. Value *AND IMP. TOTAL DATE REMARKS 10. PO ' '.-e-- ' AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Able 1 - Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plot DEPTH _ BULKHEAD Total DOCK - l ✓�. G4ed ZL i II _ gl _ , : COLOR w t 4 C 2�,-t TRIM w t—! ' T E Li, I.. t I — 'N ! - ;•� I I —_ j A 0 3 a • I1%f a 18 x3J _spit x� I �„ - — is, — 0 oz? M. Bldg. ?g,K 3 b -- S 4/ b r , , en ExtensionZ7 _ 7 e 0 ; E'I`i14 it d�?. Extension x /4/ ' r C6' / ''j 4.11`1 Pa ? Extension RECEIVED P Ac Q(Di Jul . 2 6 7013 - Foundation , K t'_ 'BS Dinette lith 7/1 v Basement FloorsK. forth BOARD DF APPEALS Ext. Walls CInterior Finish F -, LR. i __, B i, i y Fire Place J/ ., Heat )'1-c, DR. 11 Gam /0 411 = /6Q _Co 90 type Roof Rooms 1st Floor BR. Patio 914, i l /a.4 l /Recreation Room Rooms 2nd Floor FIN. B O. B. Dormer Driveway Total 3P d.' cAtd _ _ ;s Ate z < ) i 7 / j COLOR --. i TRIM / L/ J ) 1 ` ....,�._...__....... . .. d le,- 4fo7r z U/1' 31.-6-17.2 apts-motel 9/11 - 1 M. Bldg. / \ / YV _ AOI SJr� /0 `f/(, �an otion p _. Bath 20 Dinette Extension Basement /✓e.) Floors -T , ',; K. Extension , Ext. Walls Interior Finish J,{ ,) r LR. Extension ata /alit Fire Place - Heat /t/D DR. lir- Type Roof - - _ Rooms 1st Floor 4) BR. Porch Recreation Room r FIN. B. Porch Dormer Breezeway Driveway j 33 X y 1, It"` c, W Garage ,f SiDt9 RECEIVfri'' Patio JUL 2 s ZOIj O. B. Iil r,,t0-)ncn 1 .L(c - - Total � j� �/ BOARD OF APPEALS �.ir • ELIZABETH A.NEVILLE, MMC 4.1,t''' o4 p Town Hall, 53095 Main Road TOWN CLERK C 1 P.O. Box 1179 t H Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ` p .�c $ Fax(631) 765-6145 MARRIAGE OFFICER `` # • �� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER _'O( * `t��'1' www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: July 29, 2013 RE: Zoning Appeal No. 6675 Transmitted herewith is Zoning Appeals No. 6675 of Samuel I. Glass for The Blue Inn at North Fork-the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form, Site Plan Prepared by Michael O'Brien, Sr., One Page of Photos of Patio Area, Three Pages of Agreement Between 7850 Main Road, LLC and The Town of Southold, Five Pages of Deed Between Sperry Associates Federal Credit Union to 7850 Main Road LLC Dated February 23, 2011, Authorization Letter from Samuel I Glass to Mary O'Brien to Represent Him in this Matter, Certificate of Occupancy No. 148 for Multiple Residence, Three Apartments& Four Rooms for Tourists Dated October 27, 1959, Certificate of Occupancy No. 149 for Accessory Building, Recreation Room 15' Floor, Storage on 2nd Floor Dated October 27, 1959, Certificate of Occupancy No. 167 for Multiple Residence (Motel Units) Dated July 8, 1965, Certificate of Occupancy No. M.R. 176 for Transient—Multiple Residence— Motel Units Dated June 6, 1968, Building Permit No. 4505 Z to Build an Addition on Existing Accessory (Recreation) Building Dated October 14, 1969, Certificate of Occupancy No. Z4319 for Recreation Building with Addition (No Apts. Or Living Units Allowed Dated August 9, 1971, Certificate of Occupancy No. Z-19489 for Accessory Garage Dated November 7, 1990, Certificate of Occupancy No. Z-30490 for Accessory In ground Swimming Pool with Fence Dated October 8, 2004, Certificate of Occupancy No. Z-30489 to Install an Ansel System Dated October 8, 2004, Certificate of Occupancy No. Z-30488 for Alteration to Existing Building Dated October 8, 2004, Four Pages of Property Record Cards, Survey Showing Property as it Exists Dated April 9, 2010 Prepared by Pat T. Seccafico—Professional Land Surveyor, P.C. • ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 7/26/13 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED 7850 Main Road LLC 6675 d/b/a The Blue Inn at 1747 $750.00 JUL 2 9 2013 North Fork Southold lbws Clerk $750.00 By lc Thank Thank you. 0 * * * RECEIPT * * * Date: 07/29/13 Receipt#: 156650 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6675 $750.00 Total Paid: $750.00 Notes: Payment Type Amount Paid By CK#1747 $750.00 7850, Main Road Llc Name: 7850, Main Road Llc 62 Nichols Ct., Ste 302 Hempstead, NY 11550 Clerk ID: CAROLH Internal la 6675 Ct\A • • ONE: •(516)481-7617 Q CELL: (516)236-9595 v � FAX: (516)481-0477 EMAIL: SAM @SAMGLASSLAW.COM RELtIVED Samuel I. Glass ATTORNEY AT LAW OCT / r 62 NICHOLS CT. /if 3 SUITE 302 HEMPSTEAD, N.Y. 11550 BOARD C}F AppPALS September 30, 2013 Board of Appeal Town of Southold Southold Town. Hal! P.O. Box 1179 Southold, New York 11971 Attn: Leslie Kanes Weisman, Chairwoman Sent by First Class Mail and Hand Delivered Re: Application by 7850 Main Road LLC a/k/a The Blue Inn at the North Fork Application No. 6675 Madam Chairwoman: As a follow up letter to my September 16, 2013, I wanted to state the following: 1. We do not wish to operate a full time restaurant but only on Friday, Saturday and Sunday. After careful discussion the restaurant will only be open at the end of June until Labor Day. 2. The restaurant will function as an accessory to the hotel and we only wish to ciarify that we can have non-guests in our restaurant. 3. We want to temporarily enclose the patio by having a wooden border for safety reasons and a netting and or plastic cover to protect our patrons from insects and inclement weather. 4. Enclosure to patio will be installed at the end of June and taken down the week after Labor Day. S. We will not place any signs on the property indicating that there is a restaurant. • • Letter to Board of Appeal Town of Southold RECEIVED September 30, 2013 Page 2 OCT 2 201, BOARD OF APPEALS We have been a good neighbor for the past two and one-half years since we purchased the property, renovated it, and started to operate. At the hearing many of the speakers have acknowledged this. It is evident that the past owner did not consider the community and behaved poorly. Perhaps that is one of the reasons that it was foreclosed upon. We will be a good neighbor and respect the community in our activities. We want to live together in a harmonious way and one of them is to be able to have them dine with us. Thank you fo our patie ce in considering our application. Veryt lyy. s, Sam —.s • • Toth, Vicki From: Fisher, Robert Sent: uesda. July 30, 2013 10:08 AM To: Toth, Vic': Subject: #6675 Th: Blue at North Fork Vicki I have no objections to this Spec Ex. Traditionally this has been an expansion of the restaurant. Bob Robert Fisher Fire Marshall robert.fisher@town.southold.nv.us (631)765-1802 office (631) 786-9180 cell CONFIDENTIALITY NOTICE:This communication with its contents may contain confidential and/or legally privileged information.It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication 1 HONE: (516)481-7617 - CELL: (516)236-9595 FAX: (516)481-0477 EMAIL: SAM@SAMGLASSLAW.COM Samuel I. Glass ATTORNEY AT LAW 62 NICHOLS CT. SUITE 302 HEMPSTEAD, N.Y. 11550 (o(f1 S RECEIVED SEP 1 7 2013 BOARD OF APPEALS September 16, 2013 Board of Appeal Town of Southold Southold Town Hall P.O. Box 1179 Southold, New York 11971 Attn: Leslie Kanes Weisman, Chairwoman Sent by First Class Mail and Hand Delivered Re: Application by 7850 Main Road LLC a/k/a The Blue Inn at the North Fork Application No. 6675 Madam Chairwoman: tie', r thought that there would be any opposition Lu the application we made to temporarily<r;c!ose the Natio adjacent to the restaurant and permit non-inn guests to dine at uur restaurant. We use the patio area so our guests can dine outdoors during the short season that weather permits. As I testified this enclosure will consist of a three and one-half foot wooden barrier that is erected so that people will not slip off the patio and a net/plastic enclosure to prevent insect, bees and other flying objects cr the v,eatherfrom disturbing our guests. We anticipate that the restaurant will be open on Friday, Saturday and Sunday. No outdoor music will be played after 9 PM and the bar will close at 11 PM. Presentiv we have an occupancy of 48 persons, we do not intend to have more diners than this al any time. We signed an agreement with the Town of Southold agreeing that the restaurant would be used as an accessory building. it was my understanding that t mea +ha'. ar !nig as the inn operated the • • 690is RECEIVED SEP 1 7 2013 BOARD OF APPEALS Letter to the Town of Southold Board of Zoning and Appeals September 16, 2013 Page 2 restaurant would be open. It was not my understanding that outsiders would not be permitted to dine at the inn. If it was an error on my part I am now using this application to remedy the issue. Only having 29 rooms does not allow enough guests to dine with us to keep the restaurant active. We need the local people to dine at our restaurant. We have been in operation for two and one-half years without incident. I understand that the prior owner caused many problems and the persons attending the hearing want to prevent a reoccurring incident. I understand that if this Board grants our application that it will be given to us and cannot be transferred to a new owner and that if we misuse your trust our permit can be revoked. We will employ a parking attendant so that no car will be placed on Main Road or the adjoining street, Orchard Lane. If the Board sees fit they can place a "no parking" sign on Main Road and Orchard Lane since we do not need to park cars outside our property and to conform with the thoughts of the persons who attended the meeting. We are not asking for additional seating. All we want to do is operate the restaurant without losing money. It has been our experience that guests alone will not suffice so we need local support. I understand that there was considerable opposition to this application mainly predicated (1) by the past acts of the prior owner, (2)some residents do not want any commercial change to the area, (3) a fear of creeping commercialism, and others do not like having an inn in their area. The fact is that we are operating a motel with a restaurant. We pay State and local sales taxes and real estate taxes that amounted to nearly$85,000.00 last year. Southold wants to attract tourists since they are a significant part of the economy. Without touri;ts many of the stores and other commercia business could not properly function and/or go out of business. As our restaurant relies on tourism it also needs local guests for it to survive. Having a restaurant on premises on the weekend makes our inn more attractive to tourists. It allows the local people to view our premises so they can recommend us to family and their friends. It will provide six or seven jobs to local people and adds to overall economy of the Town of Southold by bringing in more tourists who will spend money at other local vendors during their stay. This inn has been existence for more than 50 years and has been in East Marion many years prior to most of the people attending the hearing. It has been a good neighbor for the past two and one-half years and intends to continue to do so in the future. All we ask is that our small request be granted so we can be better at what we do and be a greater asset to the community at large. • • Letter to the Town of Southold Board of Zoning and Appeals 6 RECEIVED September 16, 2013 Page 3 SEPI 7 20,3 BOARD OF APPEALS Thank you for your time and effort. I understand that from a political point it may be difficult to decide in our favor. I have to ask you to do the right thing and stand up to the fears of the crowd. I hope that you grant our request so that we can be a better neighbor and more valuable asset to the community. Perhaps some of your board members and you have dined with us in the past or will do so in the future. More importantly, recommend us to your family and guests. Very it, af j • • -4\93 ;` East Marion ice;~ �-�-�„�"i.� Community Association k 661c- PO Box 625 East Marion, NY 11939 • www.emca.us RECEIVED SEP 16 2013 September 16, 2013 BOARD OF APPEALS Ms Leslie Kanes Weisman, Chairperson and All Members of the Zoning Board of Appeals c/o Ms Vicki Toth Town of So-ii-1• lu' Town Hall Annex Building 54375 Route 25 P.O. Box 1179 Southold, NY 1199' 1 RE: 7850 Main Road, LLC d/b/a The Blue Inn at North Fork#6675 THE BLUE INN at NORTH FORK- Request for Special Exception per Article VII Section 280-35(B)to expand the current restaurant use to include being open to the public, enclose existing patio and surround with a 3 1/2 foot wall located in a Resort Residential (RR) District, located at: 7850 Main Road and Orchard Lane(aka Old Orchard Lane) East Marion,NY. Dear Ms. Weisman, Chair, Zoning Board of Appeals, Town of Southold: The East Marion Community Association(EMCA) is a grassroots civic organization that has been in existence since 2007 and counts over half of the households in East Marion among its membership. EMCA's purpose, as per its mission statement, is to protect East Marion's rural character and agricultural heritage and to enhance community life in the hamlet. The East Marion Community Association opposes the Request for a Special Exception for the Blue Inn at North Fork by Mr. Sam Glass, owner, in order to expand the current restaurant use. We understand this Exception to include being open to the public, a use which requires additional parking to accommodate increased patronage. We are not aware of any site plan outlining additional parking or the ramifications thereof to the surrounding community. We further understand that granting the requested Special Exception would render the previous agreement signed by Mr. Glass and the Town of Southold in July of 2011 null and void, thus leaving open ended any future plans to alter the manner of doing business as spelled out in the July 2011 agreement. In July 2011, owner, Sam Glass signed an agreement with the Town of Southold in which he agreed that the restaurant would function as an accessory to the motel use; that the exterior awning of the restaurant would not be enclosed, and all four sides would remain open. The agreement further includes the statement: "this agreement will be in effect so long as the owner maintains a liquor license issued by the NYS Liquor Authority. " EMCA supports this agreement. continued • • 4kt( East Marion Community Association,page 2 After signing the agreement, Mr. Glass took steps to build a wall around his patio and create an enclosure, and began serving the general public in his restaurant, both in direct conflict with the agreement. While we are aware that Mr. Glass did rectify these issues when brought to his attention, as agreed to in the July 11 agreement, we view his actions as indicative of his future intent and lack of sincerity with regard to the community. We could find no evidence that Mr. Glass had applied for any permits with Southold Town agencies regarding the extensive renovations he made to the bar/kitchen of the accessory building. You heard from many local residents at the Sept. 5th hearing that the Blue Inn at the North Fork has been a good neighbor since the Town's enforcement of the signed agreement--no large crowds, parking problems, noise under control. We wonder why a Town agency would want to wipe out an agreement that has finally created a situation that allows The Blue Inn and the community of East Marion to peacefully coexist. The 2011 agreement was drawn up by the Southold Town attorney in response to Mr. Glass's application for a liquor license and the ensuing objections by members of the community. We view this agreement as an indication of support from Southold Town of not only the values of the local community, but an intent to rectify long existing issues concerning this property. We further view this agreement with Southold Town as show of good faith on the part of Mr. Glass with regard to the way he intends to do business. We feel that the time has come to formally stabilize the status of this property so that it is compatible with the residential character of East Marion, and put an end to endless appeals and applications for variances and special exceptions that are sure to plague the ZBA and the East Marion community should the issues surrounding this property not be resolved. According to the Southold Town Code, Article VII, Section 280-35(B),the purpose of the Resort Residential (RR) designation,the zoning assigned to the Blue Inn at North Fork, is to provide opportunity for resort development in waterfront areas or other appropriate areas where. because of the availability of water and/or sewers, more intense development may occur consistent with the density and character of surrounding lands. The Blue Inn at North Fork is NOT in a waterfront area,NOT in an appropriate area for intense development and lacks the waste management for more intense development. It is in the center of a residential neighborhood surrounded on all sides by private homes. Because of inappropriate and/or grandfathered zoning status,the property has been the source of endless efforts to introduce business activities that are incompatible with the residential character of East Marion. As such, it has fallen victim to self-interested investors who have no interest in preserving the character of East Marion or the quality of life of its residents. EMCA members were confused by Mr. Glass's testimony at the ZBA meeting on September 5, 2013. We were concerned by Mr. Glass's inability to concretely define and articulate his objectives and his repeated contradiction of his own arbitrary definitions when responding to questions from the Chair. Further, he stated he only wished to be able to serve people from the • • (0 East Marion Community Association,page 3 immediate neighborhood, in addition to his guests. Yet, he talked about tour buses, foreign tourists and special events. Mr. Glass's own description of his intent: allowing the restaurant to be open to the general public, producing private events of an indeterminate size and type, lack of definition of hours of operation, increasing parking,the introduction of tour groups via bus or other mode and the resulting congestion—seem all to be in conflict with the goals of our organization and indeed those of Southold Town as put forth in its Comprehensive Plan. We feel that any action, which grants further permissions on this property at this time has the potential,at the very least, to increase traffic congestion and late evening activity and noise levels, all of which are inappropriate in a residential neighborhood. Mr. Glass purchased the property in question with full knowledge of the restrictions on the use of the property and,according to him,the history of community disturbances. While we are happy to welcome and patronize businesses that embrace and enhance the character and quality of life in East Marion,we in no way feel that either we or Southold Town has a responsibility to ensure Mr.Glass's financial success. More importantly,we do not feel his success should be at the expense of people who have chosen to make their homes in a quiet, historic residential community. While Mr. Glass's request appears benign enough on the surface,we feel that,given the history of this property and our experience thereof,that there are too many unknowns attached to this issue to warrant any further change in status at this time. We respectfully ask the ZBA not to act in haste in this matter.EMCA has submitted a list of questions pertinent to this decision and we hope to have them answered before any further decision is made.Any decision resulting in a change in status of this property has the potential of negatively affecting the rural/historic nature of our community in ways that can never be reversed. l7�S�incerely,, saitia Robin Imandt,Co-President for the Board of East Marion Community Association • i Toth, Vicki From: William Clayton <william.clayton@main-road.com> Sent: Sunday, September 15, 2013 2:32 PM To: Toth, Vicki Cc: Barbara Clayton; Russell, Sco o Imandt; Robin Imandt Subject: [New Sender - ] - ZBA ISSU # 6675 - 7850 MAIN ROAD, LLC d/b/a THE BLUE INN AT NORTH FORK Attachments: BLUE ZBA LETTER PDF FINAL RSION.pdf;ATT25476.htm Ms Toth, In reference to the Request for Variance referenced above, the ZBA at its September 5th meeting elected to leave open the period for public comment until September 19th. Please distribute the attached letter from myself and my wife to all the members of the ZBA, expressing our point-of-view on the matter (opposed). Thank you very much for your assistance. If you or the board would like further information, please let us know. Too, we would very much appreciate confirmation that this e-mail and attached letter have been received and distributed. Thank you, Bill & Barbara Clayton 1 • • September15, 2013 Ms Leslie Kanes Weisman, Chairperson And All Members of the c/o Ms Vicki Toth Zoning Board of Appeals Town of Southold Town Hall Annex Building 54375 Route 25 P.O. Box 1179 Southold, NY 11939 1 j ,' :•-,.. • • -. t- a Kell t • .. Madame Chairperson and Board: PURPOSE OF LETTER The purpose of this letter is to ask the ZBA to deny the variance request by The Blue Inn to become a public restaurant. BACKGROUND We attended the September 5th hearing, sitting in the back of the hall but did not speak, since others from our East Marion community eloquently argued against the variance, and time for more comments was limited. Some things were said during the meeting, and by Madame Chairperson that -- if understood correctly by us -- are very troubling and would seem to favor the variance request. We address these concerns below, as well as provide the reasoning for our position against granting the variance. ABOUT US We are full-time residents of East Marion. My wife has owned the property at 8125 Main Road, across from the Blue property (we'll call it "Blue" hereafter), for over thirty years and is intimately aware of the history of the property during that time. During the past ten years, I too, have became intimately aware of the history of the Blue. Importantly, too, we are both fully aware of the oral history of the Blue since it's inception many, many years ago and the issues it has continually raised within our community. In the past ten years, we have invested substantial monies in restoring and enhancing this property, so that today it is one of the fully restored historical homes on Main Road in East Marion, dating, originally, back to circa 1810. BLUE HISTORY The history of the Blue since its inception is one of over-reaching, code violations, lack of enforcement, retro-active approvals, expansion, code violations, lack of enforcement, retro-active approvals ... time after time after time. The issues of being a public nuisance under its previous owner -- loud music late at night, public drunkenness, drugs, etc -- or the all night music and noise under the previous owner to him, is not the purpose of this letter. The Blue property to date under the current ownership has been a responsible neighbor. c0 page 2 That said, the Blue is zoned "residential / resort" -- including a restaurant as accessory to the resort (not public) -- for a reason: the area is a reasonably densely populated residential community, designated Hamlet, with homes immediately abutting the Blue. Virtually all of these residences pre-date the development of the Blue ... virtually all of them. From the very beginning, the Blue evolved in the very heart of this residential community from a little shack to a resort and restaurant. It did this because its owners expanded for their own self-interest, not the community's interest. It did this because the owners added more structures and services in violation of zoning codes and lack of town enforcement; and thence received approvals for "as-is" structures and services after-the-fact ... time after time after time. So we have the Blue as it exists today under its current ownership. It exists, it is not going away, we are not asking it to go away. But we are asking that it exist in compliance with present code and other agreements as they now exist. PRESENT CODE The fact of the matter is that current code, as we understand it, allows the Blue to have an accessory restaurant to serve its resort guests, not a public restaurant. That code exists, again, because it is a dense residential area. The Town of Southold recognized this and so obligated the Blue to sign an agreement further recognizing the restaurant as accessory to the resort, i.e., not public, and to limit hours of alcohol and music. A comment was made by Madame Chairperson -- if we correctly understand the comment -- that effectively stated that the Town Attorney said that if the ZBA approves the variance, then the town agreement is null-in-void. If that is correct, there will be no limitation on the Blue's ability to serve alcohol until 4 AM or to play outside music all night (noise ordinance aside), nor the sanctions that are in place if limitations are violated. It is simply not acceptable to rely on the stated words of the Blue's owner that he has no intent to do so. Perhaps at this time, but no assurance of later or under new ownership. Madame Chairperson also made a comment -- again if we understand correctly -- that past use of the property will be a factor in granting or not granting the variance. In this case, we profoundly disagree. Absolutely, the prior owner operated a public establishment, but it was in violation of code and therefore illegal. To consider the existence of past illegal use as precedent for granting an exception to code and so allowing this activity into the future is wrong. And it would simply continue the history of over-reaching, code violations, "as-is" retroactive approvals. IN CONCLUSION We strongly oppose the granting of a variance to allow the Blue to operate a public restaurant (we have no objection to adding screening, plastic rain protection, and a knee-wall around the patio for hotel guests). Approval as a public restaurant would apparently nullify the town agreement's restrictions and sanctions, it would validate past • • • page 3 illegal practice as legitimate and a permitted path to expand and thence seek approval. But most importantly, it would ignore the very basis of the existing code, to whit, to protect the public interest on behalf of the community of East Marion to live in tranquility. The ZBA has an obligation to decide in the interest of the larger community, not in the singular interest of the Blue. That is why the code, itself, exists. POST SCRIPT We want to emphasize that the Blue under current ownership has been a responsible neighbor. We wish it no economic hardship. But the owners purchased the property and agreed with the Town's restrictions, and so accepted the "moral hazard" associated with these decisions. We personally would enjoy having a public restaurant in walking distance, as we did last year. But the price for having that ability is too high for us, our neighbors and the community of East Marion. We would be happy to meet with the board to discuss further if so desired. Respectfully, William & Barbara Clayton 631 477 8370 631 477 8577 fax william.clayton@main-road.com baba20@me.com East Marion Community Association c/o Robin Imandt Scott Russell, Town Supervisor • • Toth, Vicki From: Robin Imandt <robinimandt@gmail.com> Sent: Tuesday, September 10, 2013 8:43 PM (DUI< To: Joe Zizzo; Bill L Clayton RECEIVED Cc: Toth, Vicki Subject: Fwd: ZBA notes Attachments: ZBA -Glass Rough Notes.doc;ATT13221.htm SEP 1 1 ?0;3 Importance: High BOARD OF APPEALS Hi Joe, Maria and Bill -- Here are notes Anne Murray took at the ZBA hearing. Today we sent a long list of questions to the Board about what happens next. We are also working on a letter from EMCA saying the exemption/change is wrong for East Marion. The ZBA are taking comment until Sept. 19. If you have time, please send your comments in a email to: vicki.toth(2Itown.southold.ny.us Thank you. We will keep you posted. Begin forwarded message: 1 • • Cc < RECEIVED ZBA Rough Notes: SEP I I 2013 (I focused on Glass and Wesiman's remarks to get them on the reco to fill in other things, feel free. I think we could also get a transcript of the hearing)Asia Glass said he had 29 units and 27 parking spaces. He also said he has land for more parking spaces and could valet 30 to 40 cars. Weisman pointed out that Old Orchard Lane is a very small quiet road and if Glass had a full house, as he did last weekend, he won't have enough parking spaces. Glass said he had no outside music after 9 pm, and that he runs a family-oriented place without rowdy people. "We don't want to make it a bar scene." If the ZBA grants his permit request he will hire 6 or 7 people from Memorial Day through October 151. The restaurant is set up to seat 48 people, and he hopes to have two seatings. If the ZBA grants the permit Glass will still maintain the same restaurant hours. At some point he said he thought the accessory building was the restaurant, and that it was meant for outside guests. By having locals come to the restaurant "they can supervise us much better," and act as "surveillance for the town." Glass said he wants to be"a local inn." Weisman asked about hours of operation. Glass said there is no outside music after 9 pm, none inside after 11pm, and no drinks served after 11 pm. Weisman said it appeared that the restaurant use in the past had always included being open to the public. She asked Glass: --Do you intend to adhere to the hours of operation? --Not erect a permanent structure? --Build only a temporary wood parapet? Glass replied yes, and added that he "did not want to fight with anybody." ZBA member Goeringer asked how can we be sure that you won't have more people than the occupancy allows. Glass said he would have two seatings, and that"we would hear from neighbors if we're not complying." Weisman said that the town once gave permission for 120 people for the bar building and patio, when the Suffolk County Department of Health only allows 48 people. Weisman made a point of saying that if the ZBA grants the permit, it is only for the person, not the land. In addition, if violations of the understandings written in the ZBA decision take place the ZBA has the right to revoke the permit. She pointed out that the • • board puts conditions on permits, such as for on-site parking, and all conditions become part of the permit. Weisman said that an accessory building is considered a detached building, and what Glass has is an existing canopy, it is not considered an accessory building. Accessory use is something related, but incidental to us, Weisman said. To operate the restaurant is considered an accessory to the principal use. Glass said something about having "small events until 9 pm" for outside guests. (I didn't get the rest of this or the reply of the ZBA. The hearing was adjourned for two weeks and the public can submit comments to the ZBA. Q,Q1�/ RECEIVED SEP 112013 BOARD OF APPEALS Toth, Vicki From: Toth, Vicki Sent: Thursday, September 12, 2013 8:16 AM �� To: 'Robin Imandt' Subject: RE: Checking in Dear Robin - The hearing was adjourned to our special meeting to be held September 19th. The Board Members do not respond to questions written in letters, it was held open for written comments only. They will all read your concerns and questions. Vicki Toth Original Message From: Robin Imandt imailto:robinimandt@gmail.com] . Sent: Wednesday, September 11, 2013 6:46 PM To: Toth, Vicki Subject: Checking in Hi Vicki, Please let me know when we can expect answers to our questions. We are planning to write a letter from our community association and know there's a deadline. Robin Sent from Robin's iPhone 1 i Toth, Vicki From: Robin Imandt <robinimandt@gmail.com> Sent: Tuesday, September 10, 2013 9:31 AM RECEIVED =r� To: Toth, Vicki Subject: Questions re:The Blue Inn/Sam Glass special exemption SEP 1 0 2013 O Importance: High BOARD62 O—I—IS APPEALS Dear Vicki, The East Marion Community Assn. has a some questions with regard to Mr. Glass's request for special exemption for the Inn at the Blue in East Marion which was discussed at the last ZBA meeting. Leslie Weisman indicated that we should direct our questions to you. As you know this matter is of great concern to the residents of East Marion.Thank you for your assistance. • If the Special Exemption requested by Mr. Glass is granted does that mean the owner can enclose the patio, open the restaurant to the public, hold special events/parties and remain open until 4:00 a.m.? • What would prompt the Board to attach conditions to the exemption, should they grant it?Would such conditions be written into the special permit or would they take the form of a separate agreement that Mr. Glass would need to sign? • If an exemption is granted with conditions, what agency would have the responsibility of monitoring and enforcing such conditions? • What will be the agenda of the ZBA Board in relation to this issue at its next meeting? Will the public be given an opportunity to speak? Will there be discussion amongst the board members about this issue? When will a decision be rendered? • What would cause there to be a second public hearing? A letter regarding Inn at the Blue,written by the Town Attorney to the SLA dated 3/15/2011 states: the property and use thereon have never been subjected to site plan approval by the Planning Board nor special exception approval of the Zoning Board of Appeals. Should the existing use of the hotel/small accessory food establishment exceed beyond the scope of the hist orical use as it existed prior to the enactment of the applicable zoning regulations, that the property must be brought into compliance wit h applicable zoning regulations and obtain site plan and special permit approvals." • Was Mr. Glass required to apply for permits to renovate the kitchen/bar area and or to expand the patio? Did he obtain them? • Are there any site plans for this property on record with the Town? • Should the ZBA grant Mr. Glass's request will he lose any grandfathered status attached to the property? • What specific zoning regulations and Town code would Mr. Glass be subject to and what site plans and permit approvals are required for him to be compliant with current zoning regulations? • if Mr. Glass' request for an exemption is granted will it transfer to subsequent owners? • Expanding the restaurant at The Blue beyond its current accessory use will require additional parking which is not currently available. At what point in this process would the owner be required to gain site plan approval regarding additional parking? Does that come before or after the ZBA renders a decision on this request? • • The sign at the Inn at the Blue reads: Serving Lunch and Dinner. Is this not considered a violation of the current status which allows him to serve only guests? Thanks again for your help. Please acknowledge receipt of this email. If you have any questions feel free to call on my cell phone: 903- 7708. Robin Robin Imandt, Co-President East Marion Community Association www.emca.us robin(d emca.us 631-477-2819 1 otAfr 111P co/ 015 RECEIVED 5 September 2013 SEP 6 2013 To: ZBA---Southold Town Re: Inn at the Blue BOARD OF APPEALS In theory, the expansion of the restaurant at the Inn at the Blue would seem a nice idea--- providing a local eatery within walking distance to most of the community. However, to create such an establishment exceeds the current zoning regulations and previous experience indicates that the cons far outweigh the pros. As in the past, alteration of current zoning will: Generate more traffic in this rural area, which is already negatively affected by increased ferry traffic. Result in parking on both sides of the Main Road and on Old Orchard Lane. Encourage U-turns on the Main Road. Increase traffic, noise and congestion as a result of extended operation hours. In general not enhance the quality of life of East Marion residents. The zoning regulations in place are the same ones in place when the property was purchased. The owner was aware of the zoning regulations when the property was purchased. Any attempt to alter these regulations only serves to enhance the owner's profits and in no way enhances the quality of life of residents of East Marion---in particular those living in any proximity to those premises. The owner's profits should not be at the expense of East Marion residents. Further, it is not the responsibility of Southold Town to insure the profits of any one person/establishment over the quality of life of the community which they are committed to serve. Please honor the existing zoning regulations and deny any further development of this property that does not support the quality of life of the surrounding community. Respectfully, Jackie McKee 715 Old Orchard Lane East Marion *aryl o e(6(401( �d o c \ dxyy-Agit7 is", a) /(9z-, 40-e, 2`` j _de _ .a pt, Nur: (1)-6.4 ?Gi •,/ Sat .At (AU k j 'g $ i i . /)o pa,0 9 4 30 did4 (- l/ 3 - � �3 kVA ?Gigkela <_li /n P_P - /)S3 la' Si 1/4,r I- 7/ 3/ 1- 6 - ( )r /1)" ' nefrt • • Joseph Zizzo and Maria Capotorto (del 8245 Main Road ( East Marion, NY 11939 f RECEIVED September 16, 2013 SEP 1 9 2013 Ms Leslie Kanes Weisman, Chairperson Southold Town Zoning Board of Appeals BOARD OF APPEALS Town Hall Annex 54375 Route 25 - P.O. Box 1179 Southold, NY 11971 Madame Chairperson and Board, As residents of East Marion we implore you, with the most sincere sense of urgency, not to allow Mr. Sam Glass to open a public restaurant at the Inn at the Blue. Only because Bruce Garritano, the previous owner of the Blue, illegally constructed and opened an outdoor nightclub on the premises, does the infrastructure even exist for a restaurant. Please do not reward past inappropriate and illegal development and use of this property now, by granting Mr. Glass permission to operate a noisy outdoor bar and restaurant business in East Marion, the smallest and quietest hamlet on the North Fork. Please put a stop to the creeping nuisance that has gone on at the Blue since the property was first converted into a motel. Mr. Glass stated at the hearing on September 5, that his goal is 2 seatings of 48 people per night, at the outdoor restaurant at the Blue. That is a loud and entirely inappropriate business for its location in our residential neighborhood, where the Blue is surrounded on all sides by single-family residences. And it will not stop there. Right now at the blue, there is a tiki bar, installed and ready for patrons. If you approve Mr. Glass' request for a variance, there is no doubt in the mind of any East Marion resident, nor should there be any doubt in the minds of the Board, that it will not be very long before patrons waiting for a table, are drinking at that bar. Mr. Glass swears now that will not happen, but if he is to believed, then why did he have the tiki bar installed to begin with? Apparently, Mr. Glass plans to do what he wants, regardless of what this Board decides. Once Mr. Glass gets a taste of the revenue from the bar, which promises to be lucrative, it will be very difficult for him to turn away paying customers who just stop in for a drink. And he really can't be expected to. It would not be in his interests a businessman, even if it would violate the terms of his zoning variance. How would anyone know, until it was out of hand? • • Zizzo/Capotorto Sam Glass variance letter, p.2 And Mr. Glass has a history of bending the rules, as he did when he advertised his restaurant to the general public, and served patrons who were not guests at his motel last summer, in violation of his agreement with the Town. Mr. Glass claims to be different from Bruce Garritano, the previous owner of the Blue, and he objects to any mention of past abuses at the Blue. But Mr. Glass' actions with regard to the restaurant and bar at the Blue closely resemble what Mr. Garritano did when he first arrived. The board might look at Mr. Glass' actions so far, and let those past actions be the guide in judging how he might seek to develop his restaurant and bar business in the future, with or without your approval. Only because Mr. Garritano was a bad businessman, do we have any peace in our hamlet today. There was no enforcement, the nightclub closed only because Mr. Garritano went out of business. He was allowed to serve alcohol to drunk and rowdy guests, until very late at night, without penalty or restriction. Those patrons then wandered through the neighborhood, and at times onto our property, arguing, fighting, and generally causing a nuisance. Once, on a Thanksgiving weekend, the police found it necessary to literally drive up on our lawn, their lights shining into our windows, to subdue an intoxicated, brawling couple who had wandered away from the blue. We really don't want to experience that, ever again. Mr. Glass says he doesn't want a bar business, yet he installed a tiki bar. Mr. Glass denies his desire for a busy food and beverage establishment now, as Mr. Garritano did when he was quietly installing the patio. Mr. Glass bristles at comparions to Mr. Garritano, but he pushes the envelope in the same manner Mr Garritano did. There is no reason for the Board, or the residents of east Marion, to believe that Mr. Glass will do anything other than expand his restaurant business to be as profitable as possible - and that means maximizing liquor sales. After all, he is a businessman. He came here to make money. We believe the existing code is there to protect us from these abuses, and we don't think a variance of any kind is appropriate for this property, given its history. My mother used to say to me, actions speak louder than words. We beseech you, judge Mr. Glass by his actions to date, and deny him this variance. Sincerely, r Joseph Zizzo `-' Maria Capotorto RECEIVED SEP 192313 BOARD OF APPEALS Pit 44(P ° , clic I f3 \_$ . • 0.1 j • r v�y�6� 1 '' jy�f,l 7v• f, "J t+'r �.fri,4„ ,. :,. '114i-it/IP,I, » - y ,_ ... ..-e: tom• .J \. ' r `/ -111 _.. r t `� ` `1, fr, ! Sw 1 s$� jy j_ i 1 1 1111 _ iT - j � j![11 i01J!t, ON t 4. if EVAIIIM ACe %(,,te nn -- E._. waik '4 r/ - ' �—�► _ . -= - ;-- i..6e1"1>te 11111111111111V. ' NC:1111111t1b .. lir 41,,11.2> Ill w 7850 Main Rd, East Mari n, NY s _ 410. 02010Google- I/1agery Date:3;6'2012 1:y' h 4 a] 0727.63" `%,-,2it't .SS"N Flee 32 ft • Eye alt 213 ft 7.7----"- "----\\\ po )1/4 " , I, 3 • • 9-°12 RECEIVED 11 LOlii RAYMOND & JUDITH JACOBS AUG 2 9 2013 7945 Main Road BOARD OF APPEALS PO Box 255 East Marion, New York 19939 August 27, 2013 Zoning Board of Appeals 54375 Main Road PO Box 1179 Southold, New York 11971 Attn: Leslie Kanes Weisman, Chairperson RE: SOUTHOLD TOWN ZONING BOARD OF APPEALS 9/5/2013 PUBLIC HEARING (7850 MAIN ROAD, LLC D/B/A THE BLUE INN at NORTH FORK) SCTM # 1000-31-6-17.2 Application #6675 — REQUEST FOR SPECIAL EXCEPTION Please be advised that my wife and I, as close neighbors, fully support THE BLUE INN'S Request for Special Exception application request#6675. Ever since the new owner purchased this 7850 Main Road & Orchard Lane property, he has proved to be an ideal neighbor. Not only has he greatly improved this establishment, he has continually run both a well-maintained and quiet business. The present owner has also made certain that he carefully adhered to each and every stipulation set forth in the Agreement entered into in June 2011, with the Town of Southold (a copy of which is enclosed). My family and many other local residents not only enjoy this reputable and fine establishment, they also appreciate the fact that the owner endeavors to employ local citizens. 7ectfully yours, Ra7J 11 Jac • • rtign li 92013 AGREEMENT BOARD ApiTHIS AGREEMENT,made and entered into as of the day of June,2011,by at]�ALS between 7850 Main Road,LLC, a New York limited liability company with a principal address at do Samuel Glass, 62 Nichols Court, Suite 302,Hempstead,New York 11550(hereinafter referred to as"Owner"),and the Town of Southold,a municipal corporation of the State of New York,with a principal address at 53095 Main Road,P.O. Box 1179, Southold,New York 11971 (hereinafter referred to as"Town"). WITNESSETH: WHEREAS, Owner is the owner of the property located at 7850 Main road,East Marion, New York and its improvements(hereinafter referred to as"Property"); and WHEREAS, Owner wishes to continue the operation of a Motel and accessory restaurant as a pre-existing non-conforming use on the property; and WHEREAS, Owner has an application pending before the New York State Liquor Authority to serve alcohol at the restaurant and the Town has submitted a letter of objection to said application; and WHEREAS,the Owner and the Town desire to identify and agree to the parameters of the pre-existing nonconforming use of the property so that the property maintains its status as such and that the health,safety and welfare of the Town is preserved in accordance with the terms and provisions hereof. NOW,THEREFORE, for and in consideration of the mutual promises and covenants herein contained,and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties hereto agree as follows: 1. Owner agrees to operate the property in the following manner, in keeping with the pre-existing use of the property and to protect the health, safety and welfare of the surrounding community: a. Alcohol will not be served at the restaurant after 11 pm. b. No music,live or otherwise,will be permitted at the restaurant after 9 pm. c. The noise level of the restaurant will not be heard outside the interior of the restaurant. d. The exterior awning of the restaurant will not be enclosed and all four sides will remain open. e. The restaurant will continue to function as an ecessory to the motel use. 2. Any violation of the conditions set forth in paragraph 1 (above) shall constitute an illegal expansion of the pre-existing non-conforming use of the Property and shall result in the Town's ability to revoke the owner's Certificate of Occupancy in aririitinn to the other re:me diec nmvided herein. • • O RE,CEIVED AUG 2 9 2013 3. The Town shall withdraw its objection to the Owner's applicati®g) liquor license. APPEALS 4. The Owner shall file a copy of its liquor license upon receipt with the Town Attorneys' office. 5. This agreement shall remain in effect so long as the owner maintains a liquor license issued by the New York State Liquor Authority. All notices,demands and other communications required or permitted to be given hereunder(a"Notice")shall be in-writing and shall be deemed to have been properly given if delivered by hand,by a recognized overnight carrier with receipt of delivery, or by certified mail, return receipt requested,with postage prepaid, addressed as follows: IF TO OWNER: 7850 Main Road,LLC do Samuel Glass 62 Nichols Court Suite 302 Hempstead,New York 11550 IF TO TOWN: Martin D. Finnegan,Town Attorney Town Attorneys Office 53095 Main Road P.O. Box 1179 Southold,New York 11971 Any party may,by written notice given in accordance with this paragraph, designate a different address for Notices. A Notice shall be deemed given on the date that same is delivered if by hand or by overnight courier,or three days after same is sent by certified mail,.return receipt requested. 6. In the event of the institution of an action or proceeding for any legal or equitable remedy relating to this Agreement,or for the enforcement of any of the terms, covenants and conditions herein,the prevailing party shall be entitled to recover its reasonable attorneys'fees, in addition to all other costs, disbursements, and allowances provided by law. 7. This Agreement may be executed in several counterparts,each of which shall be deemed an original and all of which counterparts together shall constitute one and the same instrument. A facsimile copy of any party's signature to this Agreement shall be binding upon that party and shall be deemed an original for all purposes. .771,4 6 6 I NOVEMIER 21, 2013 I SUFFOLKTIMES.COM ZBA approves BLUE INN... dation said it's pleased with the MA's Blue Innplan CONTINUED FROM PAGE 6 decision. "The East Marion Community As_ stated "the safety, health, welfare, Sociationapplauds the Southold Town comfort,convenience or order of the ZBA for its diligence in embracing the Restaurant will now be open to town will not be adversely affected by concerns expressed in our letter to the proposed use and its location.The them regarding The Blue Inn and fu- theublic on summer weekends terms agreed to by the applicant and ture business development in East p the Town of Southold are designed Marion," said EMCA board member to protect and promote the peaceful Jackie McKee. "In granting The Blue BY CYNDI MURRAY coexistence of the motel and the rest- Inn's request for special exemption, STAFF WRITER dential properties in the neighbor- the board has incorporated conditions hood." for compliance into the permit Starting in June, the restaurant at the Blue Inn The list of conditions comes in re- address the concerns of our commu- in East Marion will be able to serve food to outside sponse to concerns from members of nity while offering more latitude to the guests. the East Marion Community Associa- owner for increasing revenue.We trust That's because the Southold Town Zoning Board hon, that, in the spirit of community, Mr. of Appeals last week granted a special exception for Neighbors said the new plan is rem- Glass will honor those conditions." the restaurant to expand its food service.Previously, iniscent of concerns they had about Mr. Glass said opening the restau- the Blue Inn was permitted to serve food and drinks the motel under its previous owner- rant to the public is necessary to sus- only to guests at the year-round motel. ship, when the restaurant was also tain the business and he's leased with The exemption, which initially did not sit well open to the public.In a letter sent to the board's decision. p with nearby residents, was approved with more the ZBA in mid-September,neighbors "I am grateful [the ZBA] took the than a dozen operating conditions,including. Joseph Zizzo and Maria Capotorto time to read our application and the •The restaurant can only open to the public on said the motel functioned like an"ille- testimonials," he said. "I wasuite Fridays,Saturdays and Sundays from June 1 through gaily constructed outdoor nightclub" happy to hear about it because we Labor Day. under the previous owner, who sold need to have a restaurant.We want •No outdoor music can be played after 9 p.m.and the motel to Mr.Glass more than two the neighbors and the community to the bar needs to close at 11 p.m. years ago. •Small events are also permitted until 9 p.m. Activities at the motel inspired the it." be able to attend and to be happy with •The restaurant is subject to a 48-person occu- East Marion Community Associa- Mr.Glass said he is currently in the pancy limit. tion to lead the push to pass Southold process of finding a part-time chef •A parking attendant must be hired to manage Town's first noise ordinance nearlyand designing traffic. three years ago. an affordable menu. •The restaurant cannot be advertised. In a statement Monday, the asso- cmurray@timesreview.com If current owner Sam Glass were to sell the mo- tel,a future owner would have to refile for a special exception to open the restaurant to the public,ac- cording to the ZBA. The decision comes after three months of public hearings on the proposal. In its decision, the ZBA BLUE INN I PAGE 29 BOARD MEMBERS • iota • ' Southold Town Hall � QF SOOT _ 53095 Main Road • P.O. Box 1179 Leslie Kanes Weisman,Chairperson /0ti - t•,�O� �!� Southold,NY 119710959 Eric Dantes 1 Office Location: Gerard R Goehringer t ; Town Annex/First Floor,Capital One Bank George Horning �O�P 54375 Main Road(at Youngs Avenue) Ken Schneider Na-- COMM * ►"t� Southold,NY 11971 of http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax (631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, SEPTEMBER 5, 2013 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, SEPTEMBER 5, 2013: 1:50 P.M. - 7850 MAIN ROAD, LLC d/b/a THE BLUE INN at NORTH FORK #6675 - Request for Special Exception per Article VII Section 280-35(B) to expand the current restaurant use to include being open to the public, enclose existing patio and surround with a 3 1/2 foot wall located in a Resort Residential (RR) District, located at: 7850 Main Road and Orchard Lane (aka Old Orchard Road) East Marion, NY. SCTM#1000-31-6-17.2 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth(DTown.Southold.nv.us Dated: August 12, 2013 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 0 N • NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold: NAME 7850 MAIN ROAD LLC, d/b/a THE BLUE INN at NORTH FORK #6675 MAP # 31 .-6- 17 .2 • VARIANCE SPECIAL EXCEPTION REQUEST EXPANDED RESTAURANT USE - ENCLOSE EXTERIOR AWNING DATE : THURS , SEPT 5, 2013 1 : 50 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . ZONING BOARD -TOWN OF SOUTHOLD 765 -1809 • • (o(4/< ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net August 12, 2013 Re : Town Code Chapter 55 -Public Notices for Thursday, September 5, 2013 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before August 19th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than August 26th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later August 28th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before September 3, 2013. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. �� • • • • � � #11318 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s) successfully commencing on the 29th day of August, 2013. �--- �tnnJ3% Principal Clerk Sworn to before mn +hit day of 2013. 10:45 A.M. - WILLIAM C 00G- EGAL GINS of 13200 MAIN ROAD CORP L SOUTHOLD LNOTICET #6677 - Request for Variance from ZONING BOARD OF APPEALS Article X Section 280-45C(f) and the THURSDAY SEPTEMBER 5,2013 Building Inspector'srol June a, Notice PUBLIC HEARINGS of Disapproval based on an rt aapplication NOTICE IS HEREBY GIVEN,pur- for bto two apartments tme is andvert a space, suant to Section 267 of the Town Law and mg)o two osedapand office space, corn- Town Code Chapter 280(Zoning),Town at: a the ore than apartments will of Southold,the following public hear- mase uf more f the the code principalpermittedbuilding, ings will be held by the SOUTHOLD maximum 40%of RMattt k, CHRISTINA VOLINSKI TOWN ZONING BOARD OF AP- located at:13200 Main Road Mattituck, PEALS at the Town Hall,53095 Main NY SCI'M#1000-114-11-9.1 NOTARY PUBLIC-STATE OF NEW YORK Road, P.O. Box 1179, Southold, New 11:00 A.M.e MAUREEN Be fromTT- No. Ol V0 Suffolk County0 York 11971-0959,on THURSDAY SEP- Article Re6XXIII Request forVazi4ncefrom Qualified In TEMBER 5,2013: Article Section 280.124 and [he Building Inspector's June 20,2013 No- My Commission Expires February 28, 2016 10:00 A.M - ELLEN BRENNER P 2007 TRUST#6676-Request for Vari- tition foroo Disapproval building permitifor on nn apbuca- ances from Article XXIII Section 280- deckon on i singlean las amity 124 and the Building Inspector's June addition 1)less to existing famed 20, 2013 Notice of Disapproval based dwelling:1) than the code required on an application for building permit minimum rear yard setback of 50 feet, 130 P.M. - STFPHF,N LICATA located at 295 Shore Lane Peconic,NY #6679-Request for Variance from Ar- The Board their Appeals will hear desir- to - construct second story addition and SSM#1000.86-1 .19 q persons or .epresentatings, i patio addition.to existing single family basedase XXII ppcc ion fon 280-116(B)per- to be heard at each and/or dwe 1)less than the coder required 11:20 A.M. - FRANK MARSILIr- on an application for building per- desiring to submit written statements Ut°g e4 #6674-Request for Variance from Ar- mit and the Building minimum front yard setback of 35 feet, Inspector's June 28, before the conclusion of each hearing, 2)less than the code required minimum tick XXII Code Section 280-116(3) 2013 Notice of Disapproval concerning a Each hearing will not startearlier than rear yard setback of 35 feet,3)less than based on an application for building per- permit to constructsinle additions and altera- mit and the BuildingInspector'sdesignated above.Files are available for dwell- the code required minimum side yard June tions to an existing single family review during regular business hours setback of 10 feet,located at 40 South 28,2013 Notice of Disapproval concern- ing,at;1)proposed construction at less Lane(Oak Court)(corner Old Orchard toga permit to construct additions and than the code required bulkhead set- and prior to the day pleaseof the hearing.If alterations to an existing single family back of 75 feet,located at:670 Old Salt you have questions, contact our Road) East Marion, NY. SCTM#1000- dwells at; 1) prooffice at, (631) 765-1809, of byemail: 37-6-4 dwelling, p posed ed bulkhead Road (adj. to 0-144-c Bay) Mattituck, Vicki.Toth@Town.Southold.ny.us 10.20 A.M.-FORDHAM HOUSE at less than the code required bulkhead NY.50 PM.1000-144-5-13 Y setback of 75 feet,located Hole 0 Deep1:50 P.M.-7850 MAIN ROAD,LLC Dated.August 15,2013 LLC#6680-Request for Variances from Hole Drive,(adj.to Deep Hole Creekd/b/a THE BLUE INN at NORTH ZONING BOARD OF APPEALS Article IV Code Section 280-18 and Ar- Mattituck,NY.SCTM#1000.115-12-15 FORK #6675 - Request for Special LESLIE KANES WEISMAN,CHAIR- tide XXII Code Section 280-116 based t P45A M MICHAELjimasaaajula Exception per Article VII Section 280- PERSON on an application for building permit WITHERS #6670 - Request for Vari- 35(B) to expand the current restaurant BY:Vicki Toth and the Building Inspector's July 24, ance from Article XXII Code Section use to include being open to the pub- 54375 Main Road(Office Location) 2013,amended August 6,2013 Notice of 280-116(B)based on an application for lic,enclose existing patio and surround 53095 Main Road(Mailing/USPS) Disapproval concerning a permit to con- building permit and the Building In- with a 31/2 foot wall located in a Resort RO.Box 1179 struct a new single family dwelling,at;I) spector's June 13,2013 Notice of Disap- Residential (RR) District, located at: Southold,NY 11971-0959 proposed construction at more than the proval concerning a permit to construct 7850 Main Road and Orchard Lane(aka 11.318-1T 8/29 code maximum height of 21/2 stories,2) additions and alterations to an existing Old Orchard Road) East Marion, NY. lot coverage more than the code permit- single family dwelling, at; 1) proposed SCIM#1000-31-6-17.2 ted 20%,3)less than the code required construction at less than the code re- 100 foot setback from the top of bluff, quired bulkhead setback of 75 feet,lo- located at:5205 The Long Way(adj.to cated at:6635 New Suffolk Road(adj.to Long Island Sound) East Marion, NY. School House Creek)New Suffolk,NY. SCFM#1000-21-5-11 SCFM#1000-117-5-24 - • 0 • • TOWN OF SROFA . (Ob W LD ZONING BOARD D OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF 1n""the Matter of the Application of POSTING 1 \SL u& ca– c- rh\CJ" Y (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- COUNTY OF SUFFOLK) STATE OF NEW YORK) I, \DI IC residing at ba \ V(p(�± C')�Q� l \� tL14 , New York, being duly sworn, depose and saythat: Yp On the a9 day of (l Jk OA„Lot- , 201 3 I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or right-of- way(driveway entrance)–facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven(7)days prior to the date of the subject hearing date, which hearing date was shown to be q ` 5 ( (3 0�1 ti y `�-Q ignature) Sworn to before me this a9 Day of A. ;t ,201 • av— - /"'""'No.0,t4Y�I IS (Ntary Public) °i"p rrraclf Ce * near the entrance or driveway entrance of my property, as the area most visible to passerby. • • • • TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK f C AFFIDAVIT OF In the Matter of the Application of MAILINGS (Name of Applicants) SCTM Parcel # 1000- COUNTY OF SUFFOLK STATE OF NEW YORK I -`0140, C) residing at New York, being my sworn, deposes and says that: On the l9 day of A u St , 20 (31 personally mailed at the United States Post Office in New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the( )Assessors,or( )County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. - O 6 � %worn to before me this /EEILY J RIVE 26' day of,hwz&4 , 2015 NOTARY MDLIC-$IAIE OF NEW YORK ¢ n No. 01R16069270 / �.�� Qualified in Suffolk County (NO Public) MY commission lira July 23. 2017 PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next - to the owner names and addresses for which notices were mailed. 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(Endorsement Required) $0.00ry Fee CI O (Endorsement Required) $0.00 AUG I i - S Total Postage&Fees $ $6.31 08/19/2013 °T' W :.�+m- to Total Postage&Fees $ $6.31 08/19/2013 • Sent To r- y li r Sent.y,,� ...([[''�(��,�� ___ p 1...- '_ ~ 111.11:�1` 1V� �•I` , GPS Street,APL N �. p -.__-- .-. tY\� CI or PO Box No. b- `t-bI„ O Street.Apt No.; 6 M1 1 ---/-- v✓✓ }I or PO Bax No. `, ct l .66 . City.State,Z r+4 - 11 . 1 \ &1 M1 pts State,Z/P+4 "•aaa...ttnnnlll F S..11 re% �G06 (o(�).tette �.1`� \143q PS Form 3800,August 2006 See Reverse tor Instructions PS Form 3800,August 2006 See Reverse lot hstrur.0a, U.S. Postal Sr ce,,., U.S. Postal Service,,., CERTIF J ,-,AIL,,.. 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Postmark a Return Receipt Fee Here Return Receipt Fee G Here p (Endorsement Required) $2.55 O (Endorsement Required) ❑ O Restricted Delivery Fee _ Restricted Delivery Fee / (Endorsement Required) $0.00 1 AUG (Endorsement Required) &MAI 4 U Total Postage&Fees $ $6.31 1: 113 T Total Postage&Fees 08/19/2013 i Sent To / Sent To"ctsv1/4 `et c N /�Ail LA:.I-•- •- U 5 r N ...7__5.1.["". 1 O Street,Apt.No.: CI or PO �--- - / O or PO Box No.100 6Y PM(yKl r" /ea ❑ or PO ` 3l'l f�+,r M1 - + 3? ry - .-_.-.-.. \' City,St: IP+4 oil` IV l --- City,sfet,�4 4ID�0 F `-l/ _ P I'J}� , 0 �D PS Form 3800.August 2006 See lie r se for Instructions PS Form:1800.August 2006 See Reverse for Instructions I I, SCNUER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY / ' • COThplete items 1,2,and 3.Also complete A. Signature ❑,Agent i • Pam 4 if Restricted an Daddre is desired. X . 60.4,127/., peace' (-)c._.) � ■ Print your name and address on the reverse so that we can return the card to you. B. Received by(Printed Name) C.Date of Delivery ■ Attach this card to the back of the mallplece, Kat hl ter +�i C 1-36 -/-3or on the front If space permits. \b.° l D. is delivery address different from Item 1? Xtees 1, Article Addressed to: If YES,enter delivery address below: 0 No e iG4 NY 3 r Certii Mall 0 Express Melt lXCi 39 0 Registered 0 neturnflidefptforivierchandise 0 Insured Mall 0 C.? 4. Restricted Delivery?(Errs fee) ❑Yes 2. Article Number ()inflater from aetVlce label) 70.07 1490 0003 1162 8700 ,f' Ps Form 3811,February 2003- ---Domestic Return Receipt 102590 5/D i SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete Items 1,2,and 3.Also complete Watt V I Item 4 if Restricted Delivery is desired. ❑Addressee ■ Print your name and address on the reverse SO that can return the card to you. R!rgacei e b (iii C. Date of Deily." ■ Attach this card to the back of the mailpiece, 1{r--rl_1� If, ��b Or' or on the front if space permits. D. Is delivery address d•1horn Item 1? ❑Yew 1. Article Addressed to: ` If YES,enter delivery address below: Edo � y \555,Po000A-4 Si--(1 V, `to C\ 3. Service Type ^-" r"t Certified Mall 0 Express Mall 0 Registered El/Rebut Receipt for Merchandise .❑insured Mall 0 C.O.D. 4. Resnicted Delivery?(Extra Fee) 0 Yes 2. Article Number 7007 1490 0003 1162 8632 (transfer from service label. PS Form 3811,February 2004 Domestic Retum Receipt 182595-02-M-1540 ii 1SENDER: COMPLETE, 3 F'-'TION COMPLETE THIS :ECTIC I DF'VERY • Complete items 1,2,and 3. -, complete ,'' \ ;. item 4 If Restricted Delivery is desired. , `'ed Deli.▪ Print your name and address on the reverse XXXX `:, ❑Addressee ; so that we can return the card to you. B. R... ed by(Printed N-, C. Date of Delivery ■ Attach this card to the back of the mailpiece, /.. (�'/j' -C20.- n p(hror on the front if space permits. Ain —1 a 0-6 r N D.-is address different from Item 17 ❑- Y e �" \ (� 1. Article Addressed to: If YES,enter delivery address below: o �1L il (Barbara PFaa Z 3, 7 £35 K auk 9rI Ea57yPar N/ /1131 1G�1 3- ice type Mall ❑ ehrm Mall ❑Registered Receipt for Merchandise 0 Insured Mall G.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7007 1490 0003 1162 8694 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 10250112-M-1540 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. 0 Agent I• Print your name and address on the reverse x 1. -I / a Addressee so that we can return the card to you. B. R=F ived by Printed N- I C. Date of Delivery ■ Attach this card to the back of the mailpi=•_,; SY1Q.Vo1N1 ` , ir C-76/.., or on the front if space permits. _ D. Is delivery address•IRerent from hem 17 ❑Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No Ei \ 1)C.VC-4V1 1 l 0\( . 3. Ice Type 1 r-,y0. ?Cert fled Mall 0 Express Mall ❑Registered ❑Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7007 1490 0003 1162 8564 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 1c2595-02-M-1514 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature 4 r 0 Agent item 4 if Restricted Delivery is desired. • Print your name and address on the reverse is L 14/ 1 I 1 ° r. Addressee i `� so that we can return the card to you. B. Received • Printed Name) C. Date of Delivery I • Attach this card to the back of the mailpiece, ' € Aecso fr Zo -/3 I or on the front if space permits. D Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No ,�M , ,{�Az 1 • c• I . ', , PC . ) --4 `'I IT . 3. Service Type ❑ Mall Ike O CertifiedCertifiedMall Registered ❑Retem Receipt for Merchandise 't I y�l ❑ Insured Mail El C.O.D. 1\ V 1 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7007 1490 0003 1162 8663 (Transfer from service label) j P.S.Form 3011.February 2004 Domestic Return Receipt 102595-02-M-1540 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete Items 1,2,and 3.Also complete A. Signature Rem 4 R Restricted Delivery is desired. el: ■ Agent II, ■. Print your name and address on the reverse r. ...dresses so that we can return the card to you. ' ,: C. Date of Delivery • Attach this card to the back of the mailpiece, �; �'�,° _/3 or on the from R space permits.. ♦; A 4 0 s D. Is delivery address different from Item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No lam" \ t \l..OaCSn 0 1 3. Certlfled Mall 0 Express Mall 1«3� 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. i 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 4 (Transfer from service labeb 7007 1490 0003 1162 8649 „ PS Form 381.1,February 2004 Domestic Return Receipt 10259502-M-1540 pI 1 1 SENDER COM, E - ,5 SECTION s@ .-,,�.— � sr• Complete kerns 1,2,and 3-Also complete `�` �, D Agent Rem 4 if r nam ted Delivery is desired. X V /' ■ .. xvx, • Print your name and address on the reverse ' � so that this can return the card to you. Rec (Pdn JNamed of 73, ■ Attach this card to the back of the mailpiece, (D/,„ V 1 or on the front If space permits- ^ ? • D. Is • No \•I\IC) 1- Article Addressed to: If YES,enter delivery address below: • 53, Q ,e. P n N �4 3. Service TYPe �� \,\`1(q !Certified Mall DD Express MOl Regbtered Retr1m Receipt for merchandise D Insured Mall D C.O.D. - k. 4. Restricted Delivery?(Bare Fee) D Yes 2. Article Number 7007 1490 0003 1162 8656 x •x;. (transfer from service label) _. SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete Items 1,2,and 3.Also complete ,� ❑Agent Item 4 if Restricted Delivery is desired. O. 0 • Print your name and address on the reverse C. Date AddresseeoDelivery ere so that we can return the card to you. B. Received by(Printed Name) • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? D Yes tole Addressed to: If YES,enter delivery address below: "-0 No ice Type f \ 3- Certified Mall D Express Mall Registered D Return Receipt for Merchandise ❑Insured Mail D C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7007 1490 0003 1162 8502 (Transfer from service label) _ — 0 - - 2585-02-M-1610 PS Form 3811,February 2004 Domestic Return Receipt 10 1 t :<r SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Si;a Item 4 if Restricted Delivery Is desired. I. n,1_ 0 Agent ■ Print your name and address on the reverse X ,U VK D Addressee so that we can return the card to you. B. R=•_ / •y(Printed Name) 'C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front R space permits. D. Is delivery address different from Item 1? 0 Yes «"' 1. Article Addressed to: If YES,enter delivery address below: 0 No li Sal/ Roffeo tuk r /00 6f?P/4-u-o- y 7e it-7 yko /fills �7 11771 3. Ice Type Certified Mall El Express Mall if ! littered El Return Receipt for Merchandise D Insured Mall D C.O.D. ft... ..` Delivery?4. Restricted (Extra Pb.) D Yes - 2. Article Number �` 3, (transfer from service label, 7007 1490 0003 1162 8588 .'1. PS Form 3811,February 2004 Domestic Return Receipt 142595.02-M-15401 I'- SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY !� Af� d Rin • Complete Items 1,2,and 3.Also complete A. Si ature , j,„- item 4 if Restricted Delivery is desired. X 0 Agent ? • Print your name and address on the reverse 1�lourenaee , so that we can return the card to you.tfi4941../ (Alnted ) C.bate of Delivery , * w 111 Attachthiscardto the back the mailpiece, -N a ) f.,/S 1-if -/3 •-tel C -; or on the front f space permits. 49Received by s. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No s •*< ,�, �• p a 50 X a 5 3 ..ars a,Vl61'o /vy t 11 `) a% ffledMaft a,�' MD Express Malli < littered D Return Receipt for < I. . 0 Insured Mall D C.O.D. 41. 4. Restricted Delivery?(Extra Fee) D 11M ;. ' 2. Article(Trans rfromNumber 7007_ 1490 0003 1162 8533 (transfer from servke Mbe7 --. _ `.. PS Form 3811,February 2004 Domestic Return Receipt 1„ , fi • Toth, Vicki From: Fisher, Robert Sent: Tuesday, July 30, 2013 10:08 AM To: Toth,Vicki Subject: #6675 The Blue at North Fork Vicki I have no objections to this Spec Ex. Traditionally this has been an expansion of the restaurant. Bob Robert Fisher Fire Marshall robert.fisher@town.southold.ny.us (631) 765-1802 office (631) 786-9180 cell CONFIDENTIALITY NOTICE:This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication f(P(40 RECEIVED JUL 3 0 2013 BOARD OF APPEALS 1 • • BOARD MEMBERS ,o •""',,"'-O �F SO/0•4,--- OUr _ Southold Town Hall Leslie Kanes Weisman,Chairperson d y 53095 Main Road•P.O.Box 1179 s e �O Southold,NY 11971-0959 Eric Dantes 41 41` Office Location: Gerard P.Goehringer ` cn Town Annex/First Floor,Capital One Bank George Homing �0 ttt, 54375 Main Road(at Youngs Avenue) Ken Schneider -=�eCOU tbi�tt Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 MEMO TO: Planning Board FROM: Leslie K. Weisman, ZBA Chairperson JUL 2 9.6\ DATE: July 25, 2013 SUBJECT: Request for Comments ZBA#6675 — 7850 Main Road LLC d/b/a The Blue Inn at North Fork The ZBA is reviewing the following application, and enclosed copies of, ZBA application, and latest map. The Planning Board may be involved under the site plan review steps under Chapter 280 (Zoning), and your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. NAME TAX#/ ZBA HEARING VARIANCE PLANS PREPARER ZONE DATE DATE 7850 Main 31.-6-17.2 #6675 9/5/13 280-140A ST 7/26/13 Michael Road LLC, RO O'Brien Sr. d/b/a The Blue in at North Fork Your comments are appreciated by one week prior to above hearing date. Thank you. Ends. • • BOARD MEMBERS ,n" Southold Town Hall Leslie Kanes Weisman,Chairperson c.„4,001r0 SUUTA ; 53095 Main Road• P.O.Box 1179 ,' A 10 is tSouthold,NY 11971-0959 Eric Dantes 4, 4, t Office Location: Gerard R Goehringer ; �, Town Annex/First Floor,Capital One Bank George Homing L �O ttt 54375 Main Road(at Youngs Avenue) Ken Schneider a etc our(00 Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax (631)765-9064 July 26, 2013 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6675 Owner/Applicant: 7850 Main Road LLC, d/b/a The Blue Inn at North Fork Action Requested: Special Exception - expanded restaurant use Within 500 feet of: (X) State or County Road ( )Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. (X) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson By: Ck t-ct�¢�Gl:i�tt � Ends. 1 BOARD MEMBERS ' ''''''p• - Southold Town Hall Leslie Kanes Weisman,Chairperson �t �gy��F SOUry�. 53095 Main Road•P.O.Box 1179 $0 s& �O Southold,NY 11971-0959 Eric Dantes r * *% Office Location: Gerard P.Goehringer co Town Annex/First Floor,Capital One Bank George Homing = cc- George / 54375 Main Road(at Youngs Avenue) Ken Schneider _Gs COUNIA.is Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax (631)765-9064 July 26, 2013 Bob Fisher, Fire Marshall Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6675 —7850 Main Road LLC, d/b/a The Blue at North Fork Dear Mr. Fisher: We have received an application for a Special Exception —expansion of restaurant use in E. Marion. A copy of the Application, survey map, and project description form, are attached for your reference. This application is scheduled to be heard by the ZBA on September 5, 2013. Your written comments are requested one week prior to the scheduled hearing date. Thank you. Very truly yours, Leslie K. Weisman Chairpersonirrs By:lx . e Q1QikteaC Ends. / 2LL BOARD MEMBERS rrrr •••'' _O Southold Town Hall Leslie Kanes Weisman,Chai rson � $QUjy_ 53095 Main Road•P.O. Box 1179 firs�� 4 \ Southold,NY 11971-0959 Eric Dantes it qI * 1 Office Location: Gerard P.Goehringer � G Q ,� Town Annex/First Floor,Capital One Bank George Homing t�'0 e r 54375 Main Road(at Youngs Avenue) Ken Schneider W'` COU11x drr Southold,NY 11971 rr• http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631) 765-9064 November 15, 2013 7850 Main Road, LLC 7850 Main Road East Marion, NY 11939 Re: Special Exception#6675 Dear Mr. Glass: Transmitted for your records is a copy of the Board's November 7, 2013 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for a Special Exception. Before commencing any activities, site plan approval is necessary. Please be sure to submit a copy of this determination to the Planning Department. If you have any questions, please call the office. Sincere . \((IG • Vicki Toth Encl. Cc: Planning, Building Dept. 11-0000 M 1116 PC IA 4$.011RRwiKN 01 21501 \ oY 150001 OA 05-1501 h , iel MY ~ 07-22-02 1521e2 a , e0p � 60 {1e at T01-0706 03-12-03 rO ,6' Vili 06224100 0 10.2603 21 0603-0• a� 1522-04 *Cttt :. , T3 . lig w22a 3 � 1027-01 M-02<1 ro es $ 30g2-0S404-1045 1111114. O a � c - 5 TO 5011011 h�Iy�o �CJ 6N� 051515 L 0626W 325 m 0 15n-w ISN trip SUFFOLK ATERAUCWNIY 12 .slwr6nw71ronm �eH`t � ery 26x 111:41 -> 7pµ1w + . I FOR PO. a.NNa. O 4 306-00-010 f lip iikisk. ,41041p 44 4., tr wI 22 NA 4 '' ►4 Illitt� S20 4 1e � 2141 �?' ocift. 2-.3 a 40) :> 4 frOa0.nw Mr cIr_MnOP. 'Oe ►AeGB wvrto • d %z \. i jSIL *, YmN Illit M. ARC • 02145-22 2. TOWN N r2-. WDM1]0 AN,arrlR •��4t # P . 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